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HomeMy WebLinkAbout04-18 Tasker Rd. & Warrior Dr. Commercial Properties Revised Proffer PINs 75-A-104 & 104E - Opequon - BackfileREZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List a ) Iq 1 ►9 Sys ID # File opened Fee & Sign Deposit _ Deed Plat/Survey _ Taxes Paid Statement Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Scan documents to Planning S: drive Application Action Summary updated Scan additional items as needed (Project Planner to direct)p () ns)- Planning Commission Meeting ACTION: Board of Supervisors Meeting ACTION: 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 Scanning updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended FIRST BANK Strasburg, VA w Jbvirgmiacom BOWMAN -SHOEMAKER COMPANIES INC 10-07 PH (540) 869-1800 PO BOX 480 STEPHENS CITY, VA 22655 9/6/2018 PAY TO THE Treasurer of Frederick County I $-500.00 ORDER OF Five Hundred and 00/100"*'* 8217 68-258/514 23 (dCHECK ASMOR U C 1 DOLLARS ° Treasurer of Frederick County PO Box 220 Winchester, VA 22604-0552 Cr MEMO #JTHbRl IGNATURE c 112008 2 1 ?V 1:0 5 1,40 2 58 91: 2 30 0. 20 20 LII' DATE I�`��S-RECEIPT 431345 RECEIVED FROM i)j(-, li_v 7V:.'1 - -�� Y C f )yP kP �: ( I 1 r l E'S l/mac ADDRESS N• �X S 1�..(1 1 ff U� < 17V �� » • DOLLARS $-5280 FOR C-1 - ! (�f )l ! 11 r �_ I . � ) I l ll r)� rL A, rt nq ACCOUNT HOW PAID _ & C ,L/ BEGINNING CASH ✓ BALANCE -7 /�L. AMOUNT t lr PAID CHECK DUE BALANCE MONEY ��50C� Viske, bytirfor [_04-X; GCS,, LLC'_ ORDER Y*j `1-� c!c BY ll CO2001 rE FORMrl S1657N-CL DATE RECEIVED FROM ADDRESS P- D " O l V e L] 1 L(Y'11' FOR T-3Kh' r (.lVI 1' 1' / (-� ACCOUNT HOW PAID BEGINNING CASH BALANCE AMOUNT �Li C1. CHECK PAID \ BALANCE MONEY DUE ORDER ECE1 PT Al �734 DOLLARS $ 11 me-rct I �ffh r I ji Jrx i Lev BY- C)2001 RMFORM0 S1657N-CL TASKER WARRIOR PROPERTIES, LLC ..,� . P. O. BOX 480 1034 STEPHENS'CITY, VA 2265S-0480 �j 68-258/514 DATE 23 PAY TO Tit-, ORDER OE_vtlrci; � OG� DOLLARS FirstBank 7 wwulbviryini&wm FOR 1:0S1402S891: 230S47940111■ 1034 E •4 TME l'nLR L.' a 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. c�_ . Pee Amount Paid $ l OCL Zoning Amendment Number 0 ti - Date Received Io 1 1 �i I t PC Hearing Date t 2 5 i 1 `b BOS Hearing Date i 9` I 1� The following information shall be provicled by the upplicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering, Inc. Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: Bowman -Shoemaker Comapnies, Inc. Telephone: (540) 869-1800 Address: P.O. Box 480 Stephens City, VA 22655 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540) 662-4185 4. Property Information: a. Property Identification Number(s): 75-A-104 & 75-A-104E b. Total acreage to be rezoned: Conditional Zoning Amendment - 20.86+/- Acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): N/A d. CUrre17t "Zoning CICSlgnatlOn(S) and acreage(s) in each designation: B-2 District - 20.24+/- Acres & RP District 0.62+/- Acres with Proffers C. Proposed zoning designation(s) and acreage(s) in each designation: B-2 District - 20.24+/- Acres & RP District 0.62+/- Acres with Revised Proffers f. Magisterial District(s): Opequon District & Shawnee District 12 0 Ll 5. Checklist: Check the following items that have been included with this application. Location slap _I.✓ I— Agency Comments Plat I ✓ _ Pecs _' ✓�_ Deed to property _� ✓ �_ Impact Analysis Statement _I Verification of taxes paid _! ✓ I_ Proffer Statement ✓�_ Plat depicting exact meets and bounds for the proposed zoning district _I L Digital copies (pelf's) of all SUbmittcd CIOCllll7CntS, maps and exhibits — __ I_ 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners Or parties In interest of the land to be rezoned: Bowman -Shoemaker Companies, Inc. - Beverley B. Shoemaker, President Tasker Warrior Properties, LLC - Beverley B. Shoemaker, Manager 7. Adjoining Property: PARCEL ID NUMBER USE ZONING Refer to attached Adjoining Property Owner Map & Table 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 subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Road. 13 0 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family 110111CS: N/A TOwnhorne: N/A Multi -Family: N/A Non -Residential Lots: N/A Mobile Home: N/A Hotel Rooms: N/A Square rootage of Proposed Uses Office: N/A Service Station: N/A Retail: N/A Mall UfaCU1'111g: N/A RestaUrant: N/A Wal-ehOUSC: N/A Commercial: N/A Other: N/A 10. Signature: I (We), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map Of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front properly line at least seven days prior t0 the Planning Commission public hearing and the Board Of SLIpCI-VISOI-S public hearing and maintaiIled so as t0 be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. C ,W� Applicant(s): UDC C�, Date: 7 1 Date: Owner(s): Q� . viQ/» 12�c e� �Cf,CL�, Date: Date: U 14 COG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us y ,can, m Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Tasker Warrior Properties, LLC (PlIolle) (540) 869-1800 (Address) P.O. Box 480 Stephens City, VA 22655 owner(s) of all those tracts or parcels of land ("Properly") conveyed to the (us), by Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 160004426 oil Page 0066 , and is described as Parcel: 75 Lot: A Block: 104E Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. the cleed recorded in the Clerk's (Pllolle) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in Illy (our) Barrie, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: X Rezoning (including proffers) Conditional Use 11'ermit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal 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 clay it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set illy (our) hand and seal this A clay of 20 �$ , Signature(s) State of Virginia,-City/County of �s c���Lt �C , To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s ho signed to the f'0regoing illSlrlllllellt personally appearecl before me and has aeknowle ed the sa111C before the in the juriscllctlon aforesaid this C, "- clay of 20 �3 j �>✓� �� My Commission Expires , ao b- Notary Public Ti NA L. SCRUGGS NOTARY PUSLIC COMMONWEALTH Of Vi ONA MY COMMISSION EXPIRES JAN, 31, 2019 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: wwwAva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Bowman -Shoemaker Companies, Inc. (Address) P.O. Box 480 Stephens City, VA 22655 (P11011e) (540) 869-1800 the owner(s) of all those tracts or parcels of land ("Property") conveyed to tile (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of'rrcderick, Virginia, by Instrument No. DB 634 Oil Page 499 , and is described as Parcel: 75 Lot: A Block: 104 Section do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. Subdivision: (P11011C) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, 111c1LUllllg: _Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make anlendnlents to previously approved proffered conditions except as follows: This autllorization shall expire one year from the day it is signed, or until it is otherwise 'escindecl or modified In witness thereof, I (we) have hereto set my (our) hand and seal this �� clay of _ en,bei , 20 V, SignaturC(s) v \, State of Virginia;Qty/County of \ �c_�P�tC ill _ , To -wit: a Notary Public in and for the jurisdiction aforesai(, certify that the persoi s) who signed to the [orcgoing lllStl'LllllCllt personally ap )eared before tile and has ackllowlcc ecl the same before me ill theurisdlctlon aforesaid this (o�ti clay of �'hh; 20 My Commission Expires: _ \ }, 1 Notary Pilblic------71NA L. SCRUGQS NOTARY PUBLIC COMMONWEALTH OF WR6MMA MY COMMISSION ExPMES JAN. 31, Nil Tasker-Warrior Commercial, Rezoning Tax Map Number Owner Mailing Address City & State ZIP Acres Zoning 75 A 103 NICHOLS LINWOOD T 1340 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655 3.47 RP 75 A 104 BOWMAN -SHOEMAKER, COMPANIES INC PO BOX 480 STEPHENS CITY, VA 22655 5.08 RPB2 75 A 104E TASKER WARRIOR PROPERTIES LLC PO BOX 480 STEPHENS CITY, VA 22655 15.79 B2 75 A 10SAl CREGAR ENTERPRISES LLC 14 E PICCADILLY ST WINCHESTER, VA 22601 0.32 B2 75 A 105A10 TIMO INVESTMENTS OF VA LLC 13310 TANNERY CT FAIRFAX, VA 22033 0.16 B2 75 A 105Al2 O'NEIL DAVID M, O'NEIL FATEMEH MERCEDEH 25146 EARSDON TER CHANT]LLY, VA 201521 0.23 62 75 A 1OSA13 NCVR PROPERTIES LLC 2227 VALLEY AVE WINCHESTER, VA 22601 0.19 B2 75 A 105A1S ALIGNING STARS LLC 119 FRITILLARY CT LAKE FREDERICK, VA 22630 0.22 B2 7S A 105A16 REALTY PC LLC 640 WARRIOR DR #105 STEPHENS CITY, VA 22655 0.16 B2 75 A 105A18 2MEXICO LLC, C/O GILLIAN GREENFIELD 4114 AVOYER PL LA MESA, CA 91941 0.17 B2 75 A 105A2 RAINBOW REALTY & INVESTMENT INC 21218 EDGEWOOD CT STERLING, VA 20165 0.16 B2 7S A 10SA3 WARRIORGIRL777 LLC 640 WARRIOR DR STE 104 STEPHENS CITY, VA 22655 0.16 B2 7S A 10SA4 TRAN PHONG V, TRAN TONY TUNG 21055 DANBURY CT STERLING, VA 20164 0.16 B2 75 A 10SAS DARVISH SIAMAK, DARVISH MERSEDEH 3534 SAINT AUGUSTINE LN OAKTON, VA 22124 0.16 B2 75 A 10SA6 CAPUANO UMBERTO, CAPUANO PERLA 170 DELCO PLZ STE 4 WINCHESTER, VA 22602 0.21 B2 75 A 105A7 SUCTEK PROPERTIES LLC 640 WARRIOR DR STE 109 STEPHENS CITY, VA 22655 0.15 B2 75 A 105A8 SUCTEK PROPERTIES LLC 640 WARRIOR DR STE 109 STEPHENS CITY, VA 22655 0.16 B2 75 A 105A9 CHING YAHUI ETALS 107 FISHERS HILL CT STEPHENS CITY, VA 22655 0.32 B2 75 A 105B CITY NATIONAL BANK OF WEST VIRGINIA 25 GATEWATER RD CROSS LANES, WV 25313 2 B2 75 A 105C H N FUNKHOUSER & CO INC PO BOX 2038 WINCHESTER, VA 22604 3.11 82 75 A 105D JEM VII LLC, C/O CVS CORP #1819-01 ATTN P DURAND 1 CVS DR WOONSOCKET, RI 28951 237 B2 75D 44110 DILLON CAROL M 108 KEVERNE CT STEPHENS CITY, VA 226551 0.46 RP 75D 44111 VOLSCHKE GRETCHEN L, VOLSCHKE DARRELLJ 106 KEVERNE CT STEPHENS CITY, VA 226551 0.321 RP 75D 4 4 137E WAKELAND MANOR HOMEOWNERS ASSOC INC 4840 WESTFIELDS BLVD STE 300 CHANTILLY, VA 20151 6.29 RP 75L 31 lA WHITAKER CURTIS E JR, WHITAKER MARY M 100 BAYBERRY CT STEPHENS CITY, VA 22655 0.26 RP 75L 31 6C AUTUMN GLEN-FREDERICK COUNTY VA, HOMEOWNERS ASSOCIATION INC C/O CONVENTRY GROUP PO BOX 2580 WINCHESTER, VA 22604 3.33 RP 75L 31 8A TOMPKINS JOANNE M 200 LYNN DR STEPHENS CITY, VA 22655 0.27 RP 75L 31 8B WOLFORD PATSY M, HERSH STACY R 202 LYNN DR STEPHENS CITY, VA 22655 0.22 RP 75L 31 9A VILLENEUVE DORINE IRENE 206 LYNN DR STEPHENS CITY, VA 22655 0.13 RP 75L 31 9B FLEMING THOMAS H 208 LYNN DR STEPHENS CITY, VA 22655 0.17 RP 75L 33 77A AUTUMN WOODS LLC 1820 ROBERTS ST WINCHESTER, VA 22601 4.85 RP 75M 11 26A MOSBY STATION HOMEOWNERS ASSOC INC PO BOX 888 WINCHESTER, VA 22604 4.44 RP 75M 2 A 15 BERENS MATTHEW, BERENS FAITH 6485 WILDWOOD LN MIDDLEBURG, VA 20117 0 RP 75M 2 A 16 JASINSKI JAMES T 112 QUEENS WAY STEPHENS CITY, VA 22655 0 RP 75M 2 A 17 WILLIAMS GARY W, WILLIAMS DONNA 114 QUEENS WAY STEPHENS CITY, VA 22655 0 RP 750 4 6 261A WAKELAND MANOR HOMEOWNERS ASSOC INC 4840 WESTFIELDS BLVD STE 300 CHANTILLY, VA 20151 2.79 RP 75P 13 207A OLD DOMINION GREENS HOMEOWNERS, ASSOC INC PO BOX 480 ISTEPHENS CITY, VA 22655 1 RP Greenway File: 4806E Source: Frederick County GIS, 2018 Data Sorted by Tax Map Number s i -, IAK•RD WARRIORD'°' `�.r MOUNTAINiDR DfEP ��6__I0�� I SY BOTTOM PL 7!� WARRI'OR7D` CEDAR IS�S 101 MOUNTAIN OR RIAC' •KIURNS R RRIDGEWATER- DR �I58 �WF-O'^RD ISM — / • � R R � R CEDAR �lLACKRURNS u�r.Iruuuca_ _ OAK RD _ ,SPANISH� •..- 114 OAK RDSPANISH Ild OAK RD 'KITS, 120�� BAYBERRY CT SPANISH 0., 18 MYBERRY CT OAK RD OAK RDRy� K�� 12_ 2�� r BAYMER 122 i�' �I19 BAriERRY C1 111 IO2 SPANISH rSPANISHj I SAYBERRYCL AK--- `OAK RD�7IdA�YRERRYCi ' A � jib = _ BAYBERRY Ci 27 AA SPANISH 115 OAK BA YBERRI'T 31 LYNN6OR 202 r� VSCT SPANISH �208 IYNNDR AW OAK RD 214�LYNN ORif 135 220 LYNN DRr',�t'� )1 SPANISH LYNN DR ' OAK RD 228 A �'dy. LYNN DR iL24'LYNN DR .` LYNN`OR 22•2.1* 6 215 ..�YNNDR LYNNDR 2• s 223 - '2I7- 301 LYNN DR LYNN DR LYNN DR YNN DR 30i ' 203 A. DR [SPANISH OAK RD 05. 205 ND �+S PANISH OAK RD 41 p 210 J Jamf 207 -1SH OAK/ARE SPANISH OAK RD 212 /�/i211, ^y 4NISHE�NISH SPANISH / ' �K RDK-RD $13 IN SPANISH OAK•RD OAK�RD 221 t `SPANISH 227 .. IRD CT OAK RD SPANISH 216 5 � 223 OAK,,RO�►.23,11 'SH OAK RD SPANISH - 9' SPANISH w` 218 I� O�AKiRD 1 229 OAK RD ANISH OAK RD►� l SPANISH 222 � OAKTO WART SPANISH.-.. 228',r-� " OAK RD SPANISH OAK RD ,230 IOI 107 SPANISH• IOMA CT 9 BRIDGEWATEDR 1 OAK RD v to 106 fSO �O ,A CT 104 / SRI EWAiER DR, F SONOMA CT J 102 10` BRIC O MALCDVNIA 1311 � 1� CH no MA -EOONIA� KEVFRNE I01 A`CN RDA ENS �WAy o MACEDONIA y ,� CH no IOS \ `QUEENS WAY ' UEENS - � ^I � I310 MACEDONIA CH WD ' • 75 A 104 R r MACEDED- CHIT r R 1403 IN MACEDONIA CH RD II00 MACEC MACEDONIA ib. CH I CH RD 122 126 124 LUCY UCY• I LONG Cl MGcr luC r LONG, 120 IUCUCY L�OO�N 121 660, , 75A 101E WARRIOR DR ' CEDAR iCEDAR MOUNTAIN 0 j OUNTAII r CfDAR� 124 MOIINiA1N CEDAR DR 120 MOUNTAIN'DR 11� CEDAR 123 760 CEDA W R '60 130 AIO)U 11N DR ,CElD•AR MOUNTAI CEDAR MOUNTAIN DR MOUNTAINOR R . Iid CED,A�R SRUN( MOUN�TjA�j�DR + - 13d MOU��R MOUNTAIN DR _ �,/fIINGIILroNS ' OTiOM n Iri l Sm cio� I t2 SMMGTONS HRJ DEfP•Hltl20 / � I j♦tw1�� AVE 1 �AB^SH�A VEI BUTT Xll&�.�6 B USHA TOOL? i, 001 WA lli; K I�I•� SITLINGI >EER� �HIL! fOM FL AV �Y'r • I I: t/DyEEP,'BOf Y IIJ DEEP 6il TASKER ROAD ANI) WARRIOR DRIVE COMMERCIAI, PROPERTIES CONDITIONAI, ZONING AMENDMENT Tax Parcels 75-A-104 & 75-A-104E Opequon Magisterial District Frederick County, Virginia October 9, 2018 Revised January 3, 2019 Current Owners: Bowman -Shoemaker Companies, Inc. Tasker Warrior Properties, LLC Contact Person: Evan Wyatt, Director ut' Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 L Greenway Hngincering April 8, 1998 q�ix Parcels 75-A-104 & 75-A-1041i October 9, 2018: January 1, 2019 TASKER ROAD AND WARRIOR DRIVE COMMERCIAL TAX PARCELS 75-A-104 & 75-A-104E PROFFER STATEMENT REZONING: RZ# B-2, Business General District and RP, Residential Performance District with Prol'I'ers to 13-2, Business General District and RP, Residential Performance District with Revised Proffers PROPERTY: Tax Parcels 75-A-104; 5.07± acres and 75-A-10413; 15.79± acres (here -in after the "Property") RECORD OWNER: Bowman -Shoemaker Companies, Inc. (Tax Parcel 75-A-104) Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: Bowman -Shoemaker Companies, Inc. and Tasker Warrior Properties, LLC (here -in after "Owners") PROJECT NAME: Tasker Road and Warrior Road Commercial Conditional Zoning Amendment ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: January 3, 2019 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby prol'l'ers that in the event the Board of Supervisors of Frederick COL111ty, Virginia, shall approve Conditional zoning amendments pertainiIlg t0 Rezoning Application #002-98 for Tax Parcel 75-A-104 (4.45± acres zoned B2, Business General District and 0.62± acres zoned RP, Residential Performance District) and Tax Parcel 75-A- 104E (15.79± acres zoned 132, Business General District) to establish 20.86± acres of B2, Business General District and RP, Residential Performance District with revised proffers; development o1 the Property shall be done in Co111Ormity 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 be 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 prol'I'ers shall be deemed withdrawn and have no effect whatsoever. These prol'Iers Shall be binding L11)011 the Owner and any legal SL1CUSS01'S, heirs, or assigns. Idle #480611/1:AW 2 Greenway Engineering 0 April 8, 1998 'fax Parcels 75-A-104 & 75-A-1041: ocloher 9, 2018; January 3, 2019 The Property is identified as Tax Map Parcel 75-A-104, owned by Bowman -Shoemaker Companies, Inc., recorded as Deed Book 634 Page 499 (Jasbo, Inc. Certificate of Change of Name to Bowman -Shoemaker Companies, Inc. by Instrument Number 070017367) and Tax Map Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as Instrument Number 160004426. PROFFER STATEMENT A. Prohibited Land Uses The Owners proffer to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use Automotive Dealers and Gasoline Service Stations (pumps at convenience stores are allowed) Hotels and Motels Organization Hotels and Lodging Funeral Service and Crematories Car Washes Golf Driving Ranges/Miniature Golf Courses Membership Organizations Commercial Batting Cages Operated Outdoors Adult Retail Uses B. Restricted 1-IoLlr'S of Operation SIC Code 55 701 704 726 7542 7999 86 No SIC No SIC The Owners proffer to prohibit hours of operation for the following land Lases that are permitted within the 13-2, Business General District portion of the Property by regLlll'lllg the bLlSllleSSeS to be closed to the public from 1 1:00 PM to 6:00 AM: Land Use �tr rnrlf- Eating and Drinking Places 58 Miscellaneous Repair Services 76 A111LISelllellt and Recreational Services Operated Indoors 79 Additionally, the Owners proffer to prohibit deliveries to all land uses that are permitted within the 13-2, Business General District portion of' the Property from l 1:00 PM to 6:00 AM. Mile 0,180613/linty 3 Greenway Engineering April 8, 1998 Ox Parcels 75-A-104 & 75-A-104E October 9, 2018; hnuaryA, 2019 C. Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. Owner Signature The conditions proffered above shall be binding upon the 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 sliall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: 11 Bowm 1 -Shoemaker Companies, Inc. Date Beverley B. Shoemaker, President Commonwealth of Virginia, -City/County of C�- �� C \'� To Wit: The foregoing instrument was acknowledged before me this �J day of �� ItiC�Ct 20�'\ by TINA L. SCRUGGS NOTARY PUBLIC-- REG. #334353 COMMONWEALTH OF VIRGINIA Notary Publ c� MY COMMISSION EXPIRES JAN. 31, 2019 My Commission Expire File 1I4806D/EA W 4 Greenway Engineering 0 April 8, 1998 Oax Parcels 75-A-104 R: 75-A-104E October 9,20K January 3, 2019 Owner Signature The conditions proffered above shall be binding upon the 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. Respectfully Submitted: By: ) , �� 1-3 -/? Tasker rrior Properties, LLC Date Beverle B. Shoemaker, Manager Commonwealth of Virginia, -C ty/County of �C c--C\o C \C-1 To Wit: The foregoing instrument was acknowledged before me this day of \ �, Zo \ - by V-NCOe TINA L. SCR NOTARY PUBLIC REG.0334353 COMMONWEALTH OF VIRGINIA Notary a it c W COMMISSION EXPIRES JAN. 31, 2019 Y My Commission BxpiresC 6mm Y TASKER ROAD AND WARRIOR ROAD COMMERCIAL PROPERTIES CONDITIONAL ZONING AMENDMENT to] r Tax Parcels 75-A-104 & 75-A-104E Opequon Magisterial District Frederick County, Virginia August 17, 2018 Current Owners: Bowman -Shoemaker Companies, Inc. Tasker Warrior Properties, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 0 0 Greenway Engineering April 8, 1998 Tax Parcels 75-A-104 & 75-A-1041: Revised August 17, 2018 TASKER ROAD AND WARRIOR ROAD COMMERCIAL TAX PARCELS 75-A-104 & 75-A-104E PROFFER STATEMENT REZONING: RZ# B-2, Business General District with Proffers to B-2, Business General District with Revised Proffers PROPERTY: Tax Parcels 75-A-104; 5.08± acres and 75-A-104E; 15.79± acres (here -in after the "Property") RECORD OWNER: Bowman -Shoemaker Companies, Inc. (Tax Parcel 75-A-104) Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: Bowman -Shoemaker Companies, Inc. and Tasker Warrior Properties, LLC (here -in after "Owners") PROJECT NAME: Tasker Road and Warrior Road Commercial Conditional Zoning Amendment ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: August 17, 2018 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application #002-98 for Tax Parcel 75-A-104 (5.07± acres zoned B2, Business General District) and Tax Parcel 75-A-104E (15.79± acres zoned B2, Business General District) to establish 20.86± acres of B2, Business General District with revised proffers; development of the 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 be 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 Property is identified as Tax Map Parcel 75-A-104, owned by Bowman -Shoemaker Companies, Inc., recorded as Deed Book 634 Page 499 (Jasbo, Inc. Certificate of Change of File U4806BA,"AW 2 0 Greenway Iingincering • April 8, 1998 Tax Parcels 75-A-104 & 75-A-104E Revised August 17, 2018 Name to Bowman -Shoemaker Companies, Inc. by Instrument Number 070017367) and Tax Map Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as Instrument Number 160004426. PROFFER STATEMENT A. Prohibited Land Uses The Owners proffer to prohibit the following land uses that are permitted within the B-2, Business General District from being developed on the Property: Land Use Automotive Dealers and Gasoline Service Stations Hotels and Motels Organization Hotels and Lodging Funeral Service and Crematories Car Washes Golf Driving Ranges/Miniature Golf Courses Membership Organizations Commercial Batting Cages Operated Outdoors Adult Retail Uses B. Restricted Hours of Operation 4T(' Cnch- 55 701 704 726 7542 7999 86 No SIC No SIC The Owners proffer to restrict hours of operation for the following land uses that are permitted within the B-2, Business General District by requiring the businesses to be closed to the public from 11:00 PM to 6:00 AM: Land Use SIC Code Eating and Drinking Places 58 Miscellaneous Repair Services 76 Amusement and Recreational Services Operated Indoors 79 C. Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. File #480613/1"AW 3 Greemvay lingincering April 8, 1998 Tax Parcels 75-A-104 & 75-A-1041i Revised August 17, 2018 Owner Signature The conditions proffered above shall be binding upon the 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. Respectfully Submitted: Bowman hoelriaker Companies, Inc. Date Beverly 8. Shoemaker, President Commonwealth of Virginia, C—it:y/County ofyy(-C\Q66To Wit: The foregoing instrument was acknowledged before me this Gish day of C m -3Q r' 201'T by My Commission Expiresi File t148061YEAW Notary PubNe TiNA L SCRUGGS NOTARY PUBLIC REG. 0334353 COMMONWEALTH OF VMQWA MY COMMISSION EXPIRES JAN. 31, 20191 4 Greenway Fnginecring April 8, 1998 Tax Parcels 75-A-104 & 75-A-1041i Revised August 17, 2018 Owner Signature The conditions proffered above shall be binding upon the 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. Respectfully Submitted: By: Tasker OW arrior Properties, L C Date Beverly B. Shoemaker, Manager Commonwealth of Virginia, -City/County of PV I-(A� To Wit: 11� The foregoing instrument was acknowledged before me this clay of S�Acr i 20 W by My Commission Expires t Z) C c� Pile #4806WHAW Notary NHc TIN^ A CRUGGS NOTARY 01 OLIC REG. 0334U3 . COMMONWEALTH Of VtR$MMA MY COMMISSION EXPIRES JAN. St, 201 q 5 TASKER ROAD AND WARRIOR ROAD COMMERCIAL PROPERTIES CONDITIONAL ZONING AMENDMENT Tax Parcels 75-A-104 & 75-A-104E Opequon Magisterial District Frederick County, Virginia August 17, 2018 Current Owners: Bowman -Shoemaker Companies, Inc. Tasker Warrior Properties, LLC Contact Person: Evan Wyatt, Director of Land Planning; Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 • Greenway Engincering April 8, 1998 Tax Parcels 75-A-104 & 75-A-1041.1 Revised August 17, 2018 TASKER ROAD AND WARRIOR ROAD COMMERCIAL TAX PARCELS 75-A-104 & 75-A-104E PROFFER STATEMENT REZONING: RZ# B-2, Business General District with Proffers to B-2, Business General District with Revised Proffers PROPERTY: Tax Parcels 75-A-104; 5.08± acres and 75-A-104E; 15.79± acres (here -in after the "Property") RECORD OWNER: Bowman -Shoemaker Companies, Inc. (Tax Parcel 75-A-104) Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: Bowman -Shoemaker Companies, Inc. and Tasker Warrior Properties, LLC (here -in after "Owners") PROJECT NAME: Tasker Road and Warrior Road Commercial Conditional Zoning Amendment ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: August 17, 2018 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of' the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application #002-98 for Tax Parcel 75-A-104 (5.07± acres zoned B2, Business General District) and Tax Parcel 75-A-104E (15.79± acres zoned B2, Business General District) to establish 20.86± acres of B2, Business General District with revised proffers; development of the 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 be 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 Properly is identified as Tax Map Parcel 75-A-104, owned by Bowman -Shoemaker Companies, Inc., recorded as Deed Book 634 Page 499 (Jasbo, Inc. Certificate of Change of File 114806B/hAw 2 0 Greenway I?ngincering • April 8, 1998 Tax Parcels 75-A-104 & 75-A-1041: Revised August 17, 2018 Name to Bowman -Shoemaker Companies, Inc. by Instrument Number 070017367) and Tax Map Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as Instrument Number- 160004426. PROFFER STATEMENT A. Prohibited Land Uses The Owners proffer to prohibit the following land uses that are permitted within the B-2, Business General District from being developed on the Property: Land Use Automotive Dealers and Gasoline Service Stations Hotels and Motels Organization Hotels and Lodging Funeral Service and Crematories Car Washes Golf Driving Ranges/Miniature Golf Courses Membership Organizations Commercial Batting Cages Operated Outdoors Adult Retail Uses B. Restricted Hours of Operation SIC Code 55 701 704 726 7542 7999 86 No SIC No SIC The Owners proffer to restrict hours of operation for the following land uses that are permitted within the B-2, Business General District by requiring the businesses to be closed to the public from 11:00 PM to 6:00 AM: Land Use SIC Code Eating and Drinking Places 58 Miscellaneous Repair- Services 76 Amusement and Recreational Services Operated Indoors 79 C. Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary Structure COI]struCtCd on the Property. File #480613/1;A W 3 Creemvay Engineering Owner Signature • April 8, 1998 Tax Parcels 75-A-104 & 75-A-1041.' Revised August 17, 2018 The conditions proffered above shall be binding upon the 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. Respectfully Submitted: By: Adluv I- 4 9-b-lS Bowman. hoemaker Companies, Inc. Date Beverly Shoemaker, President Commonwealth of Virginia, C--iEy/County of , CcAoy-\C\,\ To Wit: The foregoing instrument was acknowledged before me this (n% clay of 20 VC by My Commission Expire"a"0uw\CSC) c1 Notary Public TiNA L. SCRUGGS NOTARY PUBLIC REG. 0334S59 COMMONWEALTH Of Yil1GWA W COMMISSION EXPIRES JAN. 31, 201 i. MMI Pile #48061YFAW • Greenway Enginecring • April 8, 1998 Tax Parcels 75-A-104 & 75-A-1041i Revised August 17, 2018 Owner Signature The conditions proffered above shall be binding upon the 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. Respectfully Submitted: By: Aa wlll�1/�� ,��t.� / 9 b_/9 Taske0varrior Properties, L C Date Beverly B. Shoernakcr, Manager Commonwealth of Virginia, 'City/County of ��PC- To Wit: ih The foregoing instrument was acknowledged before me this day of C' 20 i� by My Commission Expires t i File 04806WHAw Notary NNic T I.NA L.-1-1CRUG GS NOTAFIV PMIC REG. 0334353 COMMONWEALTH Of VIAGWA MY COMMISSION EXPIRES JAN. 31,201 q 151 Windy Hill Lane ,— r 1r Winchester, Virginia 22602 i ,, - I , 1 eg11 � U GREENWAY RAN MITTAL F-NGINFERING T TY Project Name: Tasker/Warrior Commercial Conditional 7a)ning Amendment File No: 4806B Date: Tue, Sep 11, 2018 To: FC PlanninQ From: Evan Wyatt Attn: Candice Perkins GREENWAY ENGINEERING Copied Phone: 540-662-4185 Fax: 540-722-9528 Delivery: ❑ Fed Ex U.S. Mail Courier Pick Up Other Urgent 0 For Your Review As You Requested Please Comment Message Hi Candice, Please find attached the proposed proffer revisions specific to the Tasker/Warrior Commercial properties located at the intersection of 1'�asker Road and Warrior Road for your review and comment as we discussed last week. Please note that I provided the same information to Rod William including the original proffers from 1998 to assist with this review. Please contact me it' you have any questions or if you need anything else regarding this matter. Thanks, Evan Hand Delivery and Pick laps OnIN : Received by: Date: Please Print Name: TASKER ROAD AND WARRIOR DRIVE COMMERCIAL PROPERTIES CONDITIONAL ZONING AMENDMENT Tax Parcels 75-A-104 & 75-A-104E Opequon Magisterial District Frederick County, Virginia October 9, 2018 Current Owners: Bowman -Shoemaker Companies, Inc. Tasker Warrior Properties, LLC Contact Person: Evan Wyatt, Director of Land Planning; Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering April 8, 1999 Tax Parcels 75-A-104 fi 75-A-104E October 9, 2018 TASKER ROAD AND WARRIOR DRIVE COMMERCIAL TAX PARCELS 75-A-104 & 75-A-104E PROFFER STATEMENT REZONING: RZ# B-2, Business General District and RP, Residential Performance District with Proffers to B-2, Business General District and RP, Residential Performance District with Revised Proffers PROPERTY: Tax Parcels 75-A-104; 5.071 acres and 75-A-104E; 15.79± acres (here -in after the "Property") RECORD OWNER: Bowman -Shoemaker Companies, Inc. (Tax Parcel 75-A-104) Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: Bowman -Shoemaker Companies, Inc. and Tasker Warrior Properties, LLC (here -in after "Owners") PROJECT NAME: Taskcr Road and Warrior Road Commercial Conditional Zoning Amendment ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: October 9, 2018 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq, of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application #002-98 for Tax Parcel 75-A-104 (4.45± acres zoned B2, Business General District and 0.621 acres zoned RP, Residential Performance District) and Tax Parcel 75-A- 104E (15.791 acres zoned B2, Business General District) to establish 20.86± acres of B2, Business General District and RP, Residential Performance District with revised proffers; development of the Property shall be clone 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 be 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 bllldlllg 1117011 the Owner and any legal SIICCCSSOI-S, heirs, or assigns. File 114806E/EAW n LJ • Greenway Engineering April 8, 1998 October 9, 2019 Tax Parcels 75-A-104 & 75-A-104E The Property is identified as Tax Map Parcel 75-A-104, owned by Bowman -Shoemaker Companies, Inc., recorded as Deed Book 634 Page 499 (Jasbo, Inc. Certificate of Change of Name to Bowman -Shoemaker Companies, Inc. by Instrument Number 070017367) and Tax Map Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as Instrument Number 160004426. PROFFER STATEMENT A. Prohibited Land Uses The Owners proffer to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use Automotive Dealers and Gasoline Service Stations Hotels and Motels Organization Hotels and Lodging Funeral Service and Crematories Car Washes Golf Driving Ranges/Miniature Golf Courses Membership Organizations Commercial Batting Cages Operated Outdoors Adult Retail Uses B. Restricted Hours of Operation SIC Code 55 701 704 726 7542 7999 86 No SIC No SIC The Owners proffer to restrict hours of operation for the following land uses that are permitted within the B-2, Business General District portion of the Property by requiring the businesses to be closed to the public from 1 1:00 PM to 6:00 AM: Land Use SIC Code Bating and Drinking Places 58 Miscellaneous Repair Services 76 Amusement and Recreational Services Operated Indoors 79 C. Property Development Requirements The Applicant hereby proffers to provide a monetary contrlbllt1011 of $0.10 per developed building square foot for County Fire and Rescue services. The monetary File 114806E/1?Aw LJ Greenway Engineering April 8, 1998 0',Parcels 75-A-104 &- 75-A-104E October 9, 2018 contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. Owner Sil4natm- The conditions proffered above shall be binding upon the 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. Respectfully Submitted: By: 10 -o=l g BowmIV, -Shoemaker Companies, Inc. Date Beverley B. Shoemaker, President Commonwealth of Virginia, —C—i-t-y/County of �`eC\C��� C'C� To Wit: The foregoing instrument was acknowledged before me this day of (2Ck\� 20 \% by TINA L. SCRUGGS NOTARY PUBLIC REG.#334353 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JAN. 31, 2019 My Commission Expire 3 C ' W\ Notary Public Pile 11480613/1-AW 4 0 Greenway Gngincering April 8, 1998 Parcels 75-A-104 & 75-A-104L October 9, 2018 Ownei- S1finature The conditions proffered above shall be binding Upon the 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. Respectfully SUbmitted: By: LMAZ -G% /, (ep-17-18 Tasker Warr'or Properties, LLC Date Beverley B. Shoemaker, Manager Commonwealth of Virginia, --City/County of �e \�( ILA' To Wit: The foregoing instrument was acknowledged before me this �� day ofC C1 -,�CC 20 W; by TINA L. SCRUGGS NOTARY PUBLIC REG. M334353 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES AN. 31, 2019 My Commission Cxpires Ci 1C File 11480613/EAW Notary Public s TASKER ROAD AND WARRIOR DRIVE COMMERCIAL PROPERTIES CONDITIONAL ZONING AMENDMENT �. , •�,. max. - h ,. UAW ' r • ui!!- � yid Tax Parcels 75-A-104 & 75-A-104E Opequon Magisterial District Frederick County, Virginia October 9, 2018 Current Owners: Bowman -Shoemaker Companies, Inc. Tasker Warrior Properties, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering April 8, 1998 Tax Parcels 75-A-104 &, 75-A-1041: October 9, 2018 TASKER ROAD AND WARRIOR DRIVE COMMERCIAL TAX PARCELS 75-A-104 & 75-A-104E PROFFER STATEMENT REZONING: RZ# B-2, Business General District and RP, Residential Performance District with Proffers to B-2, Business General District and RP, Residential Performance District with Revised Proffers PROPERTY: Tax Parcels 75-A-104; 5.07± acres and 75-A-104E; 15.79± acres (here -in after the "Property") RECORD OWNER: Bowman -Shoemaker Companies, Inc. (Tax Parcel 75-A-104) Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: Bowman -Shoemaker Companies, Inc. and Tasker Warrior Properties, LLC (here -in after "Owners") PROJECT NAME: Tasker Road and Warrior Road Commercial Conclitional Zoning Amendment ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: October 9, 2018 Preliminary Matters PLITsumit 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 unclersigned Owner hereby proffers that in the event the Board 01' Supervisors of Frecleriek C011llty, Vii-glllla, shall approve comlitimal zonlllg amelldmems peI-tainhig to Rezoiiiiig Application #002-98 for Tax Parcel 75-A-104 (4.45± acres zoned B2, Business Genel-al District and 0.62± acres zoned RP, Residential Performance District) mid Tax Parcel 75-A- 104E (15.79± acres zoned B2, Business General District) to establish 20.86± acres of' B2, Business General District and RP, Residential Performance District with revised proffers; clevelopmellt of the Property shall be dolle lit collloi-mity with the tei-ms mid collchtlolls Set forth hel'elil, except to the exteill that Sllch tei-ms and conditions may be Sllbsequelllly amended or revised by the Owner and such be approved by the Frecerick County Boarcl of' Supei-vlsOrs IIl accoi-clallce with the said Code alld Z011lllg Ordinance. In the event that such rezonlilg IS llot granted, then these prollcl's shall be cleemed withch-awil and have I10 effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. File H480613/I?AW 2 Greenway Engineering April 8, 1998 Oax Parcels 75-A-104 & 75-A-10,11: October 9, 2018 The Property is identified as Tax Map Parcel 75-A-104, owned by Bowman -Shoemaker Companies, Inc., recorded as Deed Book 634 Page 499 (Jasbo, Inc. Certificate of Change of Name to Bowman -Shoemaker Companies, Inc. by Instrument Number 070017367) and Tax Map Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as InStIMC11t Number 160004426. PROFFER STATEMENT A. Prohibited Land Uses The Owners proffer to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use Automotive Dcalers and Gasoline Service Stations Hotels and Motels Organization Hotels and Lodging Funeral Service and Crematories Car Washes Golf Driving Ranges/Miniature Golf Courses Membership Organizations Commercial Batting Cages Operated Outdoors Adult Retail Uses B. Restricteci 1-fourS of Operation SIC Code 55 701 704 726 7542 7999 86 No SIC No SIC The Owners proffer to restrict hours of operation for the following land uses that are permitted within the 13-2, BLISiness General District portion of the Property by requiring the businesses to be closed to the public from 1 1:00 PM to 6:00 AM: Land Use SIC Code Eating and Drinking Places 58 Miscellaneous Repair Services 76 Amusement and Recreational Services Operated Indoors 79 C. Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and ReSCLIe Services. The monetary File U480613/FAW 3 0 Greenway Engineering April 8, 1998 Tax Parcels 75-A-104 & 75-A-I0d1i October 9, 2018 contribution shall be made payable to Frederick County at the time Of issuance of the Certificate of Occupancy Permit for any primary SLI'LICtLII'e COI1StI'Llcted on the Property. Owner Signature The conclitions proffered above shall be binding upon the heirs, executors, administrators, assigns and SLICCCSsors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conclitions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Bowman -Shoemaker Companies, Inc. Beverley B. Shoemaker, President Commonwealth of Virginia, City/County of To Wit: Date The foregoing instrument was acknowledged before me this day of 20 by Notary PL1bliC My Commission Expires File #480613/FAw 4 0 Greenway Engineering April 8, 1998 Ox Parcels 75-A-104 & 75-A-1041, October 9, 2018 Owner Signature The conclitions proffered above shall be bincling upon the heirs, executors, administrators, assigns and SUCCCSSOCS Ill the Interest of the Owner. Ill the event the Frederick County Board 01' Supervisors grants this rezoning and accepts the conditions, the proffered conclitions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Tasker Warrior Properties, LLC Beverley B. Shoemaker, Manager Commonwealth of Virginia, City/County o1' The foregoing instrument was acknowledged before me this 20 by My Commission Expires Idle ff4806B/FAW Date To Wit: clay of Notary Public TASKER ROAD AND WARRIOR DRIVE COMMERCIAL PROPERTIES CONDITIONAL ZONING AMENDMENT + •' A r - A . d dr 21 Tax Parcels 75-A-104 & 75-A-104E Opequon Magisterial District Frederick County, Virginia A ..0..La S c + l 7� lAwla l St+ l 7� la 1 S� October y, 2018 Current Owners: Bowman -Shoemaker Companies, Inc. Tasker Warrior Properties, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greemvay Engineering April R, 1998 —Tax Parcels 75-A-104 & 75-A-104I? lir4isetl-AugtEsl-I -d{11� October 9. 2018 TASKER ROAD AND WARRIOR ROAD DRIVE COMMERCIAL TAX PARCELS 7S-A-104 & 7S-A-104E PROFFER STATEMENT REZONING: RZ# B-2, Business General District and RP, Residential Performance District with Proffers to 13-2, Business General District and RP, Residential Performance District with Revised Proffers PROPERTY: Tax Parcels 75-A-104; 5.08± acres and 75-A-104E; 1.5.79± acres (here-111 alter the "Property") RECORD OWNER: Bowman -Shoemaker Companies, Inc. (Tax Parcel 75-A-104) Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: Bowman -Shoemaker Companies, Inc. and Tasker Warrior Properties, LLC (here -in after "Owners") PROJECT NAME: Tasker Road alld Warrior Road Commercial Conditional Zonlllg Amelldmellt ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: October 9, 2018 Preliminary Matters PUI-SUant 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 proffers that in the event the Board oi' Supervisors of Frederick County, Virginia, shall approve conditional zoning amelldmentS pertaining to Rezoning Application #002-98 for Tax Parcel 75-A-104 (4• 4.45± acres zoned B2, Business General District and 0.62± acres zoned RP, Residential Performance District) and Tax Parcel 75-A-104E (15.79± acres zoned 132, Business General District) to establish 20.86± acres of B2, Business General District and RP, Residential Performance District with revised prol,lers; Cleve] 01)meilt Ol the Property shall be Clolle In Conformity With the terms mid colid1t1011s set 1ol-th herelll, except t0 the extent that SUCK terms alld colldltiolls may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board Ol' Supervisors in accordance With the Said Code alld Zoning Ordlllalice. Ill 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 Owncr and any legal SIICCCSSOI-S, Heirs, of assigns. Idle #480613/1?AW 2 Greemvay Engineering • April 8, 1998 Ox Parcels 75-A-104 & 75-A-104E Devised -August-{ 7-2019 0ctoher 9, 2018 The Property is identified as Tax Map Parcel 75-A-104, owned by Bowmall-Shoemaker Companies, Inc., recorded as Deed Book 634 Page 499 (Jasbo, Inc. Certificate of Change of Name t0 Bowman -Shoemaker Companies, Inc. by Instrument Number 070017367) and Tax Map Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as Instrument Number 160004426. PROFFER STATEMENT A. Prohibited Land Uses The Owners proffer to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: 01:r le Land Use Automotive Dealers and Gasoline Service Stations Hotels and Motels Organization Hotels and Lodging Funeral Service and Crematories Car Washes Golf Driving Ranges/Miniature Golf Courses Membership Organizations Commercial Batting Cages Operated OL11d001-S Adult Retail Uses B. Restricted Hours of Operation SIC Code 55 701 704 726 7542 7999 86 No SIC No SIC The Owners proffer to restrict hours of operation For the following land rises that are permitted within the 13-2, Business General District portion of the Property by requiring the businesses to be Closed to the public from 1 1:00 PM to 6:00 AM: Land Use SIC Code Eating and Drinking Places 58 Miscellaneous Repair Services 76 A111L1Selllellt and Recrcatlonal Services Operated Indoors 79 C. Property Development Requirements The Applicant hereby proffers to provide a monetary C011tr1bL16011 of $0.10 per developed building square foot for County Fire and Rescue services. Tile monetary File tW80613/MW 3 Grcenway Engineering • April 8, 1998 Ox Parcels 75-A-104 & 75-A-1041i li >�isecl-tlugust--17 ?01 }; Ocloher 9. 2018 COntl-ibLlt1011 Shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. Owner S1�71catllre The conclitions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the IntCreSt Of the OWIler. Ill the event the Frederick County Board ol' Supervisors grants this rezoning and accepts the conditions, the proffered conclitions shall apply to the land rezoned in addition to other- requirements set forth in the Frederick County Code. Respectfully Submitted: I: Bowman -Shoemaker Companies, Inc. Beverley B. Shoemaker, President Commonwealth of Virginia, City/County o1' To Wit: Date The foregoing instrument Was acknowledged before me this clay of' 20 by Notary Public My Commission Expires File U480613/kAW 4 Grecnway Engincering • April R, 1998 Ox Parcels 75-A-104 & 75-A-1041: lievised-August-1-7-2018 October 9. 201 R Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. Ill 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 regUlrements set Forth In the Frederick County Code. Respectfully Submitted: By: Tasker Warrior Properties, LLC Date Beverley B. Shoemaker, Manager Commonwealth of Virginia, City/County of To Wit: The foregoing inStl'Uillellt WaS acknowledged before me this day of 20 by Notary Public My Commission Expires File 11480613/IiAW 5 REZONING APPLICATION 404-18 TASKER ROAD & WARRIOR DRIVE COMMERCIAL PROPERTIES Staff Report for the Planning Commission Prepared: November 16, 2018 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 12/05/18 Pending Board of Supervisors: 01/09/19 Pending PROPOSAL: To rezone 20.24+/- acres from the B2 (General Business) District with proffer to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/05/18 PLANNING COMMISSION MEETING: This is an application to rezone 20.24+/- acres from the B2 (General Business) District and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the B2 and RP Districts with revised proffers. The subject property was rezoned to the B2 (General Business) District with proffers in 1998. The approved Rezoning (402-98) required that businesses be closed from 1 Ip.m. to 6 a.m. The Applicant is requesting to remove the hours of operation for the majority of land uses allowed in the B2 District that could be constructed on this property. Hours of operation for restaurants, miscellaneous repair and amusement are proposed to be restricted from 11 p.m.- 6 a.m. The Applicant has also updated the format for the prohibited uses (consistent with the prohibited uses from the approved rezoning), revised the fire and rescue monetary proffer and removed a transportation study proffer as this is already completed during the site plan stage of development and is unnecessary for the proffer statement. The proposed proffers are as follows (Dated April 8, 1998, Revised October 9, 2018): A. Prohibited Land Uses The Owners proffer to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use SIC Code Automotive Dealers and Gasoline Service Stations 55 Hotels and Motels 701 Organization Hotels and Lodging 704 • • Rezoning #04-18Tasker Road & Warrior Drive Commercial Properties November 16, 2018 Page 2 Funeral Service and Crematories Car Washes Golf Driving Ranges/Miniature Golf Courses Membership Organizations Commercial Batting Cages Operated Outdoors Adult Retail Uses B. Restricted Hours of Operation 726 7542 7999 86 No SIC No SIC The Owners proffer to restrict hours of operation for the following land uses that are permitted within the B-2, General Business District portion of the Property by requiring the businesses to be closed to the public from 11:00 PM to 6:00 AM: Land Use SIC Code Bating and Drinking Places 58 Miscellaneous Repair Services 76 Amusement and Recreational Services Operated Indoors 79 Staff Note: This revision removes the hours of operation for the majority of allowed uses on the property. The restricted hours of operation from the original rezoning were 11 p.m. - 6 a.m. This proposed revision only restricts the hours of operation for SIC 58, 76 and 79. All other uses can operate 24-hours. C. Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. • • Rezoning 404-18Tasker Road & Warrior Drive Commercial Properties November 16, 2018 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be usefid 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: 12/05/18 Pending Board of Supervisors: 01/09/19 Pending PROPOSAL: To rezone 20.24+/- acres from the B2 (General Business) District with proffer to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 75-A-104 and 75-A-104E PROPERTY ZONING: B2 (General Business) District and RP (Residential Performance) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: B2 (General Business) Use: Commercial RP (Residential Performance Residential West: RP (Residential Performance) Use: Residential 0 0 Rezoning #04-18Tasker Road & Warrior Drive Commercial Properties November 16, 2018 Page 4 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History On April 8, 1998, the Board of Supervisors approved Rezoning #02-98 which rezoned the subject property from the RP (Residential Performance) District to the B2 (General Business) District with proffers. 2) Comprehensive Policy Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive 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 future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The Southern Frederick Land Use Plan of the 2035 Comprehensive Plan designates this property as a future Neighborhood Village. The existing B2 (General Business) District zoning is consistent with the Comprehensive Plan. The properties are also within the limits of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. 11 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Zoning Amendment Number. PC Hearing Date Fee Amount Paid $ Date Received _ BOS Hearing Date_ The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering, Inc. Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: Bowman -Shoemaker Comapnies, Inc. Address: P.O. Box 480 Stephens City, VA 22655 3. Contact person if other than aho%e: Name: Evan Wyatt Telephone: (540) 662-4185 Telephone: (540) 869-1800 Telephone: (540) 662-4185 4. Property Information: a. Property Identification Number(s): 75-A-104 & 75-A-104E b. Total acreage to be rezoned: Conditional Zoning Amendment - 20.86+/- Acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): N/A d. Current zoning designation(s) and acreage(s) in each designation: B-2 District - 20.24+/- Acres & RP District 0.62+/- Acres with Proffers e f. Proposed zoning designation(s) and acreage(s) in each designation: B-2 District - 20.24+/- Acres & RP District 0.62+/- Acres with Revised Proffers Magisterial District(s): Opequon District & Shawnee District IF Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., 3rd Floor 107 North Kent Street Winchester, Virginia 22601 (540) 665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., 3rd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the County Attorney's office with their review. Attach a copy of your application form, location map, proffer , statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering, Inc. Telephone: (540) 6624185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The subject properties are located in the northwest and southwest comers of the intersection of Tasker Road and Warrior Road Current zoning: B2 8. RP w, proffers Zoning requested: B2 d RP wr revved woflem Acreage: 2086'1- Ac County Attorney's Comments: Assistant County Attorney's Signature & Date: Notice to County Attorney - Please Return This Form to the Applicant u s 0 C� Rezoning Comments Frederick County Department of Planning & Development Mail to: Hand deliver to: Fred. Co. Dept. of Planning & Development Fred. Co. Dept. of Planning & Development 107 North Kent Street North Building, 2rid Floor Winchester, Virginia 22601 107 North Kent Street (540) 665-5651 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Planning with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Greenway Engineering, Inc. Mailing Address: 151 windy Hill Lane Telephone: (540) 6624185 Winchester, VA 22602 Location of property: The subject properties are located in the northwest and southwest comers of the intersection of Tasker Road and Warrior Road Current zoning: B2 6 RP Wl pfOn— Zoning requested: B2 6 RP w' `evne° pmff S Acreage: 20 86+1- AC Frederick County Department of Planning & Development Comments: Signature & Date: Notice to Planning Department - Please Return Form to .Applicant 34 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Slaff. Zoning Amendment Number. PC Hearing Date Fee Amount Paid $ Date Received _ BOS Hearing Date_ The following information shall be provicled by the applicant. - All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Naine: Greenway Engineering, Inc. Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: Bowman -Shoemaker Comapnies, Inc. Address: P.O. Box 480 Stephens City, VA 22655 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540) 662-4185 Telephone: (540) 869-1800 Telephone: (540) 662-4185 4. Property Information: a. Property Identification Number(s): 75-A-104 & 75-A-104E b. Total acreage to be rezoned: Conditional Zoning Amendment - 20.86+/- Acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): N/A d, Current zoning designation(s) and acreage(s) in each designation: B-2 District - 20.86+/- Acres C. Proposed zoning designation(s) and acreage(s) in each designation: B-2 District - 20,86+/- Acres with Revised Proffers f. Magisterial District(s): Opequon District & Shawnee District 12 • 0 S. Checklist: Check the following items,that have been included with this application. Location map ✓ I_ Agency Comments I ✓ !_ Plat f ✓ Fees i ✓ i_ Deed to property _j ✓ j_ Impact Analysis Statement _i Verification of taxes paid _� ✓ j_ Proffer Statement _I ✓_I_ Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pelf's) of all submitted documents, maps and exhibits !_ G. 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: Bowman -Shoemaker Companies, Inc. - Beverley B. Shoemaker, President Tasker Warrior Properties, LLC - Beverley B. Shoemaker, Manager 7. Adjoining Property: PARCEL ID NUMBER USE ZONING Refer to attached Adjoining Property Owner Map & Table 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 subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Road. 13 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: N/A Townhome: N/A Multi -Family: N/A Non -Residential Lots: N/A Mobile Home: N/A Hotel Rooms: N/A Square Footage of Proposed Uses Office: N/A Service Station: N/A Retail: N/A Manufacturing: N/A Restaurant: N/A Warehouse: N/A Commercial: N/A Other: N/A 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven clays prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Lvy) Date: Date: Owner(s): Date: i Date: C1- (n - 1 i 14 Nil At ]d0rO A yg , iff SARVIS CT r /•► ' CNN R -s A ,odE / J /► � �� ,, ��i o.: Legend OTasker-Warrior Commeroal 4k�R0 • ` Parcel Boundary , r QC,CITe eR�cF URNS FORO O 300 0 300 ,- )M S— F.WMxI C—y. v '.15 DaD 1, 20'.8 t'— WINCHESTER 17 j i L � � SITE Q° 7 W Wu 7 �W LUCVi1 oNG�r� ,.. •;� W F _m r i 00Z Lu 6d1 1`' O ix z 20 -_ .. _—A—• WN W O Q W O �.CED4R7MOUNTAIN DR E'.4� W Y Cn J - PO 1 I I I -I Im 11 w� L) Z a z M > o eG<1C Cr O Z LLI w 0 W t RUy, a U�z�p QQ� Cr W aS W to C) z W H Z LL a R w w w a ~`o O m I O /O A94, �K LH/ Igi CN RO 3 Gt�C _z BERW = > v l3\Kf VERNf C �< I T\ TAL-AMORE-DR, p � Z LL W f. .r. ' i j j �•, W u 7s A 1a 7 7 MACEDONIA•CNURCN / RD_ J m Q k V X w X w w a SA, SERRy-CT 'x TAS7CfR qD i\\--L•UCY LONG-C.T— h E) Z 5 crs� e, r, O p W SC 75l J1 eg 75\1 11 26A �7x\3 N9A i ,i O W W cr cr SARVIS CT SARVIS CT D- Z Z_ O yNNOa 7S A I"E 7SA/ME Q lop O� �J 75 A 1058 it 'J Os , cr r 1> \ �' 1, of " L mCD Uqq ` 7 ' of '� w w g O N o s \p J J OJ GJ J U Z� a r i OTasker-Warrior Commercial �� \ \� 'J� �'o IV cr Z W i z o 'a �� O O m O Adlpning Property '9N�S, / , . \�\� �, \ p~ 'J �, �e Iu O w U w N.O \\ �Qe c� a�az�° �':arcel Boundary 4,f O� 'oJ 'J oJ� 3 t, Q QQ Z y w e C/ W 0 7S Feet 75P , 7207A -• AC'feUgM ,' Q z zcr S•FDq � 0 w R ,iV" 3� 75P13207A d m m 75P 1 ] I07A CLO Sass � - . mti. W GIS Dfoa —,. 2016 Ow 0 Tasker-Warrior Commercial, Rezoning Tax Map Number Owner Mailing Address City & State ZIP Acres Zoning 7S A 103 NICHOLS LINWOOD T 1340 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655 3.47 RP 75 A 104 BOWMAN -SHOEMAKER, COMPANIES INC PO BOX 480 STEPHENS CITY, VA 22655 5.08 RPB2 75 A 104E TASKER WARRIOR PROPERTIES LLC PO BOX 480 STEPHENS CITY, VA 22655 15.79 B2 75 A 105A1 CREGAR ENTERPRISES LLC 14 E PICCADILLY ST WINCHESTER, VA 22601 0.32 B2 75 A 105A10 TIMO INVESTMENTS OF VA LLC 13310 TANNERY CT FAIRFAX, VA 22033 0.16 B2 75 A 105Al2 O'NEIL DAVID M, O'NEIL FATEMEH MERCEDEH 25146 EARSDON TER CHANTILLY, VA 20152 0.23 B2 75 A 105A13 NCVR PROPERTIES LLC 2227 VALLEY AVE WINCHESTER, VA 22601 0.19 B2 7S A 10SA15 ALIGNING STARS LLC 119 FRITILLARY CT LAKE FREDERICK, VA 22630 0.22 B2 75 A 1OSA16 REALTY FC LLC 640 WARRIOR DR «105 STEPHENS CITY, VA 22655 0.16 BZ 75 A 10SA18 2MEXICO LLC, C/O GILLIAN GREENFIELD 4114 AVOYER PL LA MESA, CA 91941 0.17 B2 75 A 105A2 RAINBOW REALTY & INVESTMENT INC 21218 EDGEWOOD CT STERLING, VA 20165 0.16 B2 7S A 10SA3 WARRIORGIRL777 LLC 640 WARRIOR DR STE 104 STEPHENS CITY, VA 22655 0.16 62 75 A 105A4 TRAN PHONG V, TRAN TONY TUNG 21055 DANBURY CT STERLING, VA 20164 0.16 B2 75 A 105A5 DARVISH SIAMAK, DARVISH MERSEDEH 3534 SAINT AUGUSTINE LN OAKTON, VA 22124 0.16 B2 75 A 105A6 CAPUANO UMBERTO, CAPUANO PERLA 170 DELCO PLZ STE 4 WINCHESTER, VA 22602 0.21 B2 75 A 105A7 SUCTEK PROPERTIES LLC 640 WARRIOR DR STE 109 STEPHENS CITY, VA 22655 0.15 B2 7S A 105AS SUCTEK PROPERTIES LLC 640 WARRIOR DR STE 109 STEPHENS CITY, VA 22655 0.16 B2 75 A 10SA9 CHING YAHUI ETALS 107 FISHERS HILL CT STEPHENS CITY, VA 22655 0.32 B2 75 A 1058 CITY NATIONAL BANK OF WEST VIRGINIA 25 GATEWATER RD CROSS LANES, WV 25313 2 B2 75 A 10SC H N FUNKHOUSER & CO INC PO BOX 2038 WINCHESTER, VA 226041 3.111132 75 A 105D JEM VII LLC, C/O CVS CORP 91819-01 ATTN P DURAND 1 CVS DR WOONSOCKET, RI 2895 2.37 B2 75D 44110 DILLON CAROL M 108 KEVERNE CT STEPHENS CITY, VA 22655 0.46 RP 75D 44111 VOLSCHKE GRETCHEN L, VOLSCHKE DARRELLJ 106 KEVERNE CT STEPHENS CITY, VA 22655 0.32 RP 75D 4 4 137E WAKELAND MANOR HOMEOWNERS ASSOC INC 4840 WESTFIELDS BLVD STE 300 CHANTILLY, VA 20151 6.29 RP 75L 31 1A WHITAKER CURTIS E JR, WHITAKER MARY M 100 BAYBERRY CT STEPHENS CITY, VA 22655 0.26 RP 75L 31 6C AUTUMN GLEN-FREDERICK COUNTY VA, HOMEOWNERS ASSOCIATION INC C/O CONVENTRY GROUP PO BOX 2580 WINCHESTER, VA 22604 3.33 RP 75L 31 8A TOMPKINS JOANNE M 200 LYNN DR STEPHENS CITY, VA 22655 0.27 RP 75L 31 8B WOLFORD PATSY M, HERSH STACY R 202 LYNN DR STEPHENS CITY, VA 226551 0.22 RP 75L 31 9A VILLENEUVE DORINE IRENE 206 LYNN DR STEPHENS CITY, VA 226551 0.13 RP 75L 31 9B FLEMING THOMAS H 208 LYNN DR 57EPHENS CITY, VA 22655 0.17 RP 75L 33 77A AUTUMN WOODS LLC 1820 ROBERTS SF WINCHESTER, VA 22601 4.85 RP 75M 1 1 26A MOSBY STATION HOMEOWNERS ASSOC INC PO BOX 888 WINCHESTER, VA 22604 4.44 RP 75M 2 A 15 BERENS MATTHEW, BERENS FAITH 6485 WILDWOOD LN MIDDLEBURG, VA 20117 0 RP 7SM 2 A 16 JASINSKI JAMEST 112 QUEENS WAY STEPHENS CITY, VA 22655 0 RP 75M 2 A 17 WILLIAMS GARY W, WILLIAMS DONNA J 114 QUEENS WAY STEPHENS CITY, VA 22655 0 RP 750 4 6 261A WAKELAND MANOR HOMEOWNERS ASSOC INC 4840 WESTFIELDS BLVD STE 300 CHANTILLY, VA 20151 2.79 RP 75P 13 207A OLD DOMINION GREENS HOMEOWNERS, ASSOC INC PO BOX 480 ISTEPHENS CITY, VA 22655 1 RP Source: Frederick County GIS, 2018 Data Greenway File: 4806B Sorted by Tax Map Number REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Strfj. Zoning Amendment Number PC Hearing Date Pee Amount Paid Date Received _ BOS Hearing Date_ The following information shall be provided by the applicant. - All parcel identification numbers, decd book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Natne: Greenway Engineering, Inc. Address: 151 Windy Hill Lane Telephone: (540) 662-4185 Winchester, VA 22602 2. Property Owner (if different than above): Name: Bowman -Shoemaker Comapnies, Inc. Telephone: (540) 869-1800 Address: P.O. Box 480 Stephens City, VA 22655 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540) 662-4185 4. Property Information: a. Property Identification Number(s): 75-A-104 & 75-A-104E b. Total acreage to be rezoned: Conditional Zoning Amendment - 20.86+/- Acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): N/A d, Current zoning designation(s) and acreage(s) in each designation: B-2 District - 20,86+/- Acres C. Proposed zoning designation(s) and acreage(s) in each designation: B-2 District - 20.86+/- Acres with Revised Proffers f Magisterial District(s): Opequon District & Shawnee District 12 S. Checklist: Check the following items that have been included with this application. Location map ✓.�_ Agency Comments i ✓ Plat _� ✓ �_ Fees J ✓ Deed to property _� ✓ �_ Impact Analysis Statement Verification of taxes paid _� ✓ �_ Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf's) of all submitted documents, maps and exhibits G. 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: Bowman -Shoemaker Companies, Inc. - Beverley B. Shoemaker, President Tasker Warrior Properties, LLC - Beverley B. Shoemaker, Manager 7. Adjoining Property: PARCEL ID NUMBER USE ZONING Refer to attached Adjoining Property Owner Map & Table 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 subject properties are located in the northwest and southwest comers of the intersection of Tasker Road and Warrior Road. 13 • • 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: N/A Townhome: N/A Multi -Family: N/A Non -Residential Lots: N/A Mobile Home: N/A Hotel Rooms: N/A Square Footage of Proposed Uses Office: N/A Service Station: N/A Retail: N/A Manufacturing: N/A Restaurant: N/A Warehouse: N/A Commercial: N/A Other: N/A 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven clays prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): (,voIo Date: Date: Owner(s): I A WAIMXVIIL1 i V ZI Date: L-� ) ' i� t� ��'. �/�o Date: Ci - (o - l i 14 ` � Ise •• 3 MActoo Ciffj J jW 4w AIL AL SN F. 'i► - PP. SngN/ yl Legend Sh;� � 4k�R0 t 6R .CF Feel `�qr F WNCHESTER 11 �Zt SITE c � Q STEPHENS Z CITY W U L- 7 u is ♦ sae ��� ' l..G INIDR t, • .'I'� , , - 99 CEDARlMpUNTAILk,, aa 3 ik J�v EPP i� iN a w m OZ w O o p Z Q OO N Qi o � U � O w J Y -MA `Mor.. (i) Legend �— OTasker-Warrior Commercial Adjoining Property Parcel Boundary Feet 300 0 300 / I. arp pN Sauca FnMr lk Gamy. W G6 Oganrr�nt. 2018 Data ~41 G V RNf Cr\ TAL-AMORE-DR' a c Aeze1. 3 75D ,4 4 tl,rlj\ 75n i Ilr 740 ` d MAC 75 Ala I EDONIA•CHUR I_. J BAYBERRY -CT TASK fR RD -�LUCY LONG GT 75L 71 NA 31 8C ; 75L J 1 98- <7si,..3hw- 77L 71'90 .4 +pa 7S A tO�E � 7SA 1NE i ` �O ��\ 75 A 10Se op I ' J � f � J 11,e�e�Z7,e �.4p t O� Q0004 7 75P 1 S 207A \\\. 75P 1 S 207A $ C Q; LL UJUJ 2 CH rm RD_ Q = ly W W a V. � a E) A w Z ir 2 Q LU O p p� d W 3 a 0 Z W Z Q Q Q Tasker-Warrior Commercial, Rezoning Tax Map Number Owner Mailing Address City & State ZIP Acres Zoning 75 A 103 NICHOLS LINWOOD T 1340 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655 3.47 RP 75 A 104 BOWMAN -SHOEMAKER, COMPANIES INC PO BOX 480 STEPHENS CITY, VA 22655 5.08 RPB2 75 A 104E TASKER WARRIOR PROPERTIES LLC PO BOX 480 STEPHENS CITY, VA 22655 15.79 B2 75 A 105A1 CREGAR ENTERPRISES LLC 14 E PICCADILLY ST WINCHESTER, VA 22601 0.32 B2 75 A 105A10 TIMO INVESTMENTS OF VA LLC 13310 TANNERY CT FAIRFAX, VA 22033 0.16 B2 75 A 105Al2 O'NEIL DAVID M, O'NEIL FATEMEH MERCEDEH 25146 EARSDON TER CHANTILLY, VA 20152 0.23 82 75 A 105A13 NCVR PROPERTIES LLC 2227 VALLEY AVE WINCHESTER, VA 22601 0.19 B2 75 A 105A15 ALIGNING STARS LLC 119 FRITILLARY CT LAKE FREDERICK, VA 22630 0.22 B2 75 A 105A16 REALTY FC LLC 640 WARRIOR DR #105 STEPHENS CITY, VA 22655 0.16 B2 75 A 105A18 2MEXICO LLC, C/O GILLIAN GREENFIELD 4114 AVOYER PL LA MESA, CA 91941 0.17 B2 75 A 105A2 RAINBOW REALTY & INVESTMENT INC 21218 EDGEWOOD CT STERLING, VA 20165 0.16 B2 75 A 105A3 WARRIORGIRL777 LLC 640 WARRIOR DR STE 104 STEPHENS CITY, VA 22655 0.16 B2 75 A 105A4 TRAN PHONG V, TRAN TONY TUNG 21055 DANBURY CT STERLING, VA 20164 0.16 B2 75 A 105A5 DARVISH SIAMAK, DARVISH MERSEDEH 3534 SAINT AUGUSTINE LN OAKTON, VA 22124 0.16 B2 75 A 105A6 CAPUANO UMBERTO, CAPUANO PERLA 170 DELCO PLZ STE 4 WINCHESTER, VA 22602 0.21 82 75 A 105A7 SUCTEK PROPERTIES LLC 640 WARRIOR DR STE 109 STEPHENS CITY, VA 22655 0.15 B2 75 A 10SA8 SUCTEK PROPERTIES LLC 640 WARRIOR DR STE 109 STEPHENS CITY, VA 22655 0.16 B2 75 A 10SA9 CHING YAHUI ETALS 107 FISHERS HILL CT STEPHENS CITY, VA 22655 0.32 B2 75 A 1058 CITY NATIONAL BANK OF WEST VIRGINIA 25 GATEWATER RD CROSS LANES, WV 25313 21 B2 75 A 105C H N FUNKHOUSER & CO INC PO BOX 2038 WINCHESTER, VA 22604 3.111132 75 A 10SD JEM VII LLC, C/O CVS CORP 41819-01 ATTN P DURAND 1 CVS DR WOONSOCKET, RI 2895 2.37 B2 75D 44110 DILLON CAROL M 108 KEVERNE CT STEPHENS CITY, VA 22655 0.46 RP 75D 44111 VOLSCHKE GRETCHEN L, VOLSCHKE DARRELLI 106 KEVERNE CT STEPHENS CITY, VA 22655 0.32 RP 75D 4 4 137B WAKELAND MANOR HOMEOWNERS ASSOC INC 4840 WESTFIELDS BLVD STE 300 CHANTILLY, VA 20151 6.29 RP 75L 31 1A WHITAKER CURTIS E JR, WHITAKER MARY M 100 BAYBERRY CT STEPHENS CITY, VA 22655 0.26 RP 75L 31 6C AUTUMN GLEN-FREDERICK COUNTY VA, HOMEOWNERS ASSOCIATION INC C/O CONVENTRY GROUP PO BOX 2580 WINCHESTER, VA 22604 3.33 RP 75L 31 8A TOMPKINS JOANNE M 200 LYNN DR STEPHENS CITY, VA 22655 0.27 RP 75L 31 86 WOLFORD PATSY M, HERSH STACY R 202 LYNN DR STEPHENS CITY, VA 226551 0.22 RP 75L 31 9A VILLENEUVE DORINE IRENE 206 LYNN DR STEPHENS CITY, VA 226551 0.13 RP 75L 31 9B FLEMING THOMAS H 208 LYNN DR STEPHENS CITY, VA 226551 0.17 RP 75L 33 77A AUTUMN WOODS LLC 1820 ROBERTS ST WINCHESTER, VA 226011 4.85 RP 75M 1 1 26A MOSBY STATION HOMEOWNERS ASSOC INC PO BOX 888 WINCHESTER, VA 226D4 4.44 RP 75M 2 A 15 BERENS MATTHEW, BERENS FAITH 6485 WILDWOOD LN MIDDLEBURG, VA 20117 0 RP 75M 2 A 16 JASINSKI JAMES T 112 QUEENS WAY STEPHENS CITY, VA 22655 0 RP 75M 2 A 17 WILLIAMS GARY W, WILLIAMS DONNA) 114 QUEENS WAY STEPHENS CITY, VA 22655 0 RP 750 4 6 261A WAKELAND MANOR HOMEOWNERS ASSOC INC 4840 WESTFIELDS BLVD STE 300 CHANTILLY, VA 20151 2.79 RP 75P 13 207A OLD DOMINION GREENS HOMEOWNERS, ASSOC INC PO BOX 480 ISTEPHENS CITY, VA 22655 1 RP Source: Frederick County GIS, 2018 Data Greenway File: 4806E Sorted by Tax Map Number REZONING APPLICATION 904-18 TASKER ROAD & WARRIOR DRIVE COMMERCIAL PROPERTIES Staff Report for the I3oard of Supervisors Prepared: January 31, 2019 Staff Contact: Candice E. Perkins, A1CP, CZA, Assistant Director Reviewed Action Planning Commission: 12/05/18 Public Hearing Held; Postponed Planning Commission: 01/16/19 Action Item Held; Recommended Denial Board of Supervisors: 02/13/19 Pending PROPOSAL: To rezone 20.24+/- acres fi'onl the B2 (General Business) District with proffers to the B2 (General Business) District with revised proffers and 0.62-►-/- acres of land zoned RP (Residential Performance) District with proffers to the RP (RCsiCiciltial Performance) District with revised proffers. LOCATION: The subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/13/19 130ARD OF SUPERVISORS MEETING: This is an application to rezone 20.24-F/- acres from the B2 (General Business) District and 0.62-►-/- acres of land zoned RP (Residential Performance) District with proffers to the B2 and RP Districts with revised proffers. The subject property was rezoned to the 132 (General Business) District with proffers in 1998. The approved Rezoning 1/002-98 required that businesses be closed from I 1 p.m. to 6 a.m. The Applicant is regUestiIlg to aIllend the hours Of Operation text t0 linllt tile C10SUI'C t0 the public dUriIlg thOSC hOUPS. Employees would still be allowed to be in the business. The Applicant has further stated that deliveries will not be permitted frolll 1 1 p.m. to 6 a.m. The Applicant has also revised the fire and rescue monetary proffer and removed a transportation StUdy proffer as this Is already completed CIUI'ing the site plan stage of development and is unnecessary for the proffer statement. The Planning Commission held a public healing for this rezoning On December 5, 2018. The Commission expressed Concern over the HOLIES Of Operati0n, noise frolll the bLISincsses and associated deliveries. Ultimately, the Commission postponed this item to allow the Applicant t0 address the expressed concerns. The Planning Commission diSCUSSCCI this item again On .luly 16, 2019. The Commission expressed concern regarding the hours of operation, noise and truck deliveries. The Commission ultimately recommended denial Of this rezoniIlg. Since the JanLiary 16°i Illeeting, tile Applicant has revised the proffer statement. The revision states that the business must be closed to the public from 1 1 pm-6am. This would give the opportunity for employees to still be in the building. The proffer Still prohibits deliveries from I I pin-6am. 0 • Rezoning 1104-18 Taskcr Road & Warrior Drive Commercial Properties February 1, 2019 Page 2 The proposed proffers arc as follows (Dated April 8, 1998, Revised January 18, 2019): A. Prohibited Land Uses The Owners proffer to prohibit the following land LISCS that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use Automotive Dealers and Gasoline Service Stations (pumps at convenience stores allowed) Hotels and Motels Organization Hotels and Lodging Funeral Service and Crematories Car Washes Golf Driving Ranges/Miniature Golf COUrscs Membership Organizations Commercial Batting Cages Operated Outdoors Adult Retail Uses B. Restricted Hours of Operation The Owners proffer to restrict hours Of operation for land uses that arc permitted within the B-2, Business General District portion of the Property by requiring the bLIS111CSSCS to be closed to the public from 1 1:00pm to 6:00am. Additionally, the owners proffer to prohibit deliveries to all land uses that are permitted within the B-2, BL1SIness Gcncral District portion of the property from I 1 :00pm to 6:00am. Land Use SIC Code Eating and Drinking Places 58 Miscellaneous Repair Services 76 Amusement and Recreational Services Operated Indoors 79 C. Property Development Requirements The Applicant hereby profrcrs to provide a monctary contribution Of $0.10 per developed building square foot for County lire and Rescue Services. The monetary contribution shall be made payable to Frederick COLInty at the time Of issuance Of the Certificate Of OCCLIpancy Permit for any primary structure constructed on the Property. Following, the requh-ed public hearing, a decision i-egarding this rezoning application bl, the Board of'Sitpervisors woiiltl be appropriate. The Applicant shoiiltl be prepared to adequately wkh-ess all concerns raised by the Board of Supervisors. • • Rezoning 1104-18 "1'asker Road & Warrior Drive Commercial Properties February 1, 2019 Page 3 This report is prepared by the Frederick County Planning Staff to provide inforniation to the Planning Commission and the Board of Supervisors to assist thenl in inakillg a Clecisloil oil this application. It may also be useful to others interested in this Zoning inattei-. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 12/05/18 Public Hearing Held; Postponed Planning Commission: 01/16/19 Action Item Held; Recommended Denial Board of Supervisors: 02/13/19 Pending PROPOSAL: To rezone 20.24+/- acres from the B2 (General Business) District with proffer to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The subject properties are located in the northwest and southwest corners of the intersection of Tlsker Road and Warrior Drive. MAGISTERIAL DISTRICT: Opcquon PROPERTY Ill NUM13EIZS: 75-A-104 and 75-A-104E PROPERTY ZONING: B2 (General Business) District and RP (Residential Performance) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: Nortli: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential Bast: B2 (General Business) Use: Commercial RP (Residential Performance Residential West: RP (Residential Pcrformancc) Use: Residential 0 • Rezoning #04-1 8Tasker Road & Warrior Drive Commercial Properties February 1, 2019 Page 4 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History On April 8, 1998, the Board Of Supervisors approved Rezoning #002-98 which rezoned the subject property from the RP (Residential Performance) District to the B2 (General Business) District with proffers. 2) Comprehensive Policy Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. 'file 2035 Comprehensive Plan is all official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key CO111pOnClltS Of CO1111111illity IIfC. The primary goal Of this plan is t0 protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan IOr the ILlUll'C physical development of Frederick County. The Area Plans, Appendix I of'the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the ILlturC planning efforts of the County. 1 o-11-7/I 1 /cn The Southern Frederick Land Use Plan of the 2035 Comprehensive Plan designates this property as a future Neighborhood Village. The existing B2 (General Business) District zoning is consistent with the Comprehensive Plan. "file properties are also within the limits Of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/05/18 MEETING: Staff' presented an overview of the rezoning request. Mr. Evan Wyatt of Greenway Engineering, representing the Applicant gave a brief overview of the rcqucst. I-Ie explained, the purpose Of this regllest Is the owner recently had a group look at the property for purchase; this g1'OLlp Voted the limited hOLIrS Of operation are a detriment to the property. Mr. Wyatt Continued, with that in mind the Applicant wants t0 maintain the integrity of'what was appIoved; what was done with the prohibited land uses they have maintained everything that was prohibited with the original proffers and added new commercial uses that have been approved Over lime that were not part of the 1998 zoning code. Mr. Wyatt noted, looking at the adjoining residential uses, the Applicant thought it would still be appropriate to keep the flours of restriction On uses that would be louder in the evening such as restaUrants, bars, all1LISCrncnt, and recreational services. Mr. Wyatt C0I1CILlded, the Fire & Rescue proffer was a one-time payment that was done with the first site plan on the other side of the road and the Applicant felt It was appropriate t0 make SL11'C there was pl'Off'er money Coining ill 1`01' fUtUre COn1mercial development on this side for Fire & Rescue. 9 Rezoning #04-18 Tasker Road & Warrior Delve Commercial Properties February 1, 2019 Page 5 A Commission Member reminded everyone that the restriction was put in place because of the noise concerns shared by neighbors. His concern is how the surrouneling neighborhoods will be protected front the noise; a grocery store having tractor trailers with night deliveries will create a lot of noise and there is a senior development directly behind this property. A Commission Member asked how this would be explained to the neighbors. Mr. Wyatt commented, the first thing that would be explailed Is the proffer amendment does Mottling t0 the rcgL11rCn1CI1tS for the buffer and screening between the commucial property and the SCIlIOr SUbdiviSloll which in this Case Would be a Six -foot -high opaque element and landscaping So that would assist with the noise levels. A Commission Member inquired what Square footage Of buildings can fit On the property. Mr. Wyatt explained, on the 5-acre parcel the maxinlunl would be approximately 25,000 SF and on the 16-acre parcel approximately 100,000 SF. Mr. Wyatt stated, therefore $10,000 to $15,000 could go towards Fire & Rescue. A Commission Member inquired could there be a way to arrange the buildings so the tractor trailer deliveries and parking could be on the side of the buildings rather than in the back. Mr. Wyatt responded, the orientation of the building is to face Warrior Drive; the depth of the properly to have the buffer and 120 feet of depth to get to the building may dictate that it is On Tasker Road; he will have to look at the site before lie could agree to that condition. A neighboring resident asked where the entrance would be on the 5-acre parcel and will there be more than one entrance. Mr. Wyatt displayed maps and described the possible entrances. A Commission Member commented, the IlelghborlloOCIS SUrrounding this property trUSt the Planning Commission and the decisions made in the past; he cannot support this and break that commitment to the citizens. Another Commission Member suggested to restrict the tractor trailer delivery times from occurring in the middle of the night. A Commission Member noted if that could be accomplished, he may consider this request. A Commission Member noted that restriction would be difficult to eIlforce. A Commission Member rcgLICStCd a Co111ment f ronl Staff. Staff explained this could not be handled at the site plan process unless a proffered restriction was added; notes on the site plan if there were a proffer in place to restrict the hours, at that time It WOUld become all ellforcernent issue if violated. Staff commented it Would be Lip to the Applicant to offer this as a proffer. Mr. Wyatt concluded, reasonable comments have been made and Mr. Wyatt would prefer an opportunity to talk to the property owner and Would agree to a postponement. The PlanIing C01111niSSiOn unanimously voted to postpone the rezoning to the January 16, 2019 meeting. (Note: Commissioner Unger was absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION FROM THE 01/16/19 MEET Staff reported this is a request to rezone 20.24+/- acres from the B2 (General Business) District with proffers to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proflcrs. Staff C011tI11LICCI, the Subject property was rezoned with proffers in 1998 and the approved Rezoning #002-98 requirCd that businesses be closed from 11 p.m. to 6 a.m. It was noted this item was postponed at the December 5, 2018 Planning Commission meeting. Staff presented location maps of the property and explained, the Applicant is requesting to remove the hours of operation for the 0 Rezoning 404-18 Tasker Road & Warrior Drive Commercial Properties February 1, 2019 Page 6 majority of land uses allowed in the B2 District that could be constructed on this property. Ms. Perkins continued, hours of operation for restaurants, miscellaneous repair and amusement services are proposed t0 be restricted iroin I I p.m. — 6 a.m. and all other uses could operate 24 IIOL11'S. It was noted, the Applicant has added a new proffer that prohibits deliveries to all uses from I 1 p.m.— 6 a.m. Ms. Perkins C011CIllded, the minor revisions aISO IiICILIde Updates to IIICILIde SIC Codes, transportatioIl study proffer (to be Completed dL11-i1lg the Site plan stage), and a revised Ilre and rescue I11onetaIy contribUtion. A Commission Member rllgUlred if the entrances can be blocked during the hours of I I p.m.- 6 a.Ill. Staff commented the Applicant would have to agree to this and it would take place during the site plan stage. A Commission Member asked, with the restIicted IlO11I'S of operation, who enforces this. It was explained Staff would have to enforce if complaints are received. Mr. Evan Wyatt Of Greenway Engineering and representing the Applicant presented an overview of the public hearing held on December 5, 201 8; alter Cl1SCUSS10Il, the question f-oni the Planning Commission was concern with delivery trucks between the hours Of I I p.m.- 6 a.m. particularly tractor trailers and refrigerated trucks that might sit and idle late into the night. I -le continued, a question was asked if SOmething Could be included in the proffer to prohibit this and Mr. Wyatt noted that could not be committed to at that time. Mr. Wyatt reported, he was contacted by the I-10A and the property management group Of ALltl sin Glen; they were able to meet and discuss Options. The Applicant was asked to provide a detailed OLltline of What they are planning t0 do regaIding storm water maIlagement, lights, noise, and buffering. Mr. Wyatt noted this was provided to the I-IOA. Mr. Wyatt clarified, they are requesting to maintain the same uses that were originally prohibited and added a couple additional uses that have been applied to the zoning ordinance over the last 20 years that were not part of the original rezoning. Mr. Wyatt stated the concerns with buffering, lighting, water would all be appropriate and adhered to the County codes. Mr. Wyatt Concluded, although Ilot all Ideal SltLlation; the Applicant has added additional language to the proffer which prohibits deliveries between I 1 p.m.- 6 a.m. A Commission Member inquired what happens if delivery trucks arrive late, sits there idling all night; that is not prohibited according to the current language in the proffers. Mr. Wyatt asked is it the language going to the Board Of SupervisorS would be more appropriate stating deliveries and staging of vehicles during I I p.m.- 6 a.m. are prohibited. The Commission MCIllber commented It could read no delivery trucks on the site during that time. Mr. Wyatt noted, this could be considered. The Commission Member commented, all concerns are enforceable with the exception of the noise; this neighborhood has been there 20 years and living there with the commitment of this protection. I-Ie noted, the tools to enforce this are not good and lie reels this commitment t0 the I1eighbors needs t0 be upheld. Mr. Wyatt noted, If the restricted hOL1rS are maiIltained that does not guarantee or preveIlt trucks on [lie property; they are willing to offer that tractor trailer parking be prohibited on the properties from I I p.m.— 6 a.m. The Commission Member inquired regarding SIC codes, what would be the most intense use. Mr. Wyatt responded most likely a grocery store. A Commission Member commented another LISe possible on the property would be a hardware store such as a Lowe's. A Commission Member conclLlded, he has received ten entails and a few letters and will share these with Staff, all of which were unanimously against this type of rezoning. I-Ie reiterated the concern to enforce the restrictions and noted just because the developer cannot sell the property and now wants to hake changes to slake the property more valuable and appealing to a buyer does not justify this and Rezoning #04-18 Tasker Road & Warrior Drive Coninlereial Properties February 1, 2019 Page 7 changes should not be made to what was committed to at the initial rezoning. The Commission Member noted he will not be in Support of this. A Commission Mcinbcr agreed and comIllented the citizens purchased those homes with this commitment In place and that SIIOIIld not chaIlge. Motion was made, secondccl, and UnanI1110lISly passed to recommend denial of this request. (Note: Commissioner Mohn was absent from the meeting.) Follo►ving the required public hearing, a decision regarding this rezoning application by the Board of Supervisory would be appropriate. The Applicant should be prepared to adequately address all concerts raised by the Board of Supervivors. 0� ow rA !110: LVIONTOR' DR X13. )R jgANrj"H,6AK RD 205 SPANISH OAK RD 0 & 2017 OA, RD SPANISH OAK RD it ���`RD SP4NIS 7 AW REZ -64- 7� & 6160 plop DR P72 WW$4, Fj 142 REZ # 04 - 18: Tasker Rd and Warrior Dr Commercial Property PINs:75-A- 104,75-A- 104E Rezoning from B2 and RP with Proffers to B2 and RP with Revised Proffers Long Range Land Use Map • .. . • i i i♦ice r RD `♦:♦♦ 41 w ♦�♦�♦�:.,Ie OPT^ w:��=i•�� •�•�♦�4 •1 S J y • Q Application :�♦1 ♦ ♦� r: • • Parcels • • Sewer and Water Service Area �.o' •• ♦ • • • 11 Long Range Land Use ♦♦♦ ♦ • • • • O Residential • • Neighborhood Village • X • • • • ?Y Urban Center • ♦�♦ • • • • • • • • Mobile Home Community ♦ ♦ ♦ • • • • • • Business♦♦♦♦♦♦ r� Highway Commercial ♦♦ • • • • • • • (s), Mixed -Use • • • • • • • • • • • • ® Mixed Use Commercial/Office ►♦ • • • • • • • • • ® Mixed Use Industnal/Office • • • X • X • Industnal j • • • • ♦ • • ® Warehouse Q 1♦�♦♦ • • • • O'e ♦ • \.• Heavy Industrial • • ♦ ♦♦ QQ' • Extractive Mining . ♦ � �P • C�) Commercial Rec '• • • �'. �� N11111V ♦♦ i�Rural Community Center • • ♦♦ �• ® Fire 8 Rescue ♦♦ O Sensitive Natural Areas ♦` ® Institutional • • ;;� - Planned Unit Development I ♦ ♦j q �♦ Park �/ • r• Recreation School •♦ ®� �`, Employment ' Airport Support Area �•♦ O B2/B3 Q� OResidential. 4 u/a r Q High -Density Residential 6 u/a _ '♦y 41 Q High -Density Residential 12-16 u/a ME CT ,• Q Rural Area Interstate Buffer Landfill Support Area Natural Resources 8 Recreation • Environmental fS Recreational Resources ♦jj� MACEDO 4.���•♦•- Subd I •. R w 17t CEDAR C`EIDJAR � MOUNT4I4.11 MOUN7AINOR 11 / Oaf CE�DAR�-- M'ERO�?NU�R� NA FIR �vcnn.cw�v�w MOUMAIN Do R��TER R t ' 112 IRIDGEWATER O0 ►`♦At>�105 UIIERVIILE-D r C1 I0 REfDVILLE - • a UP'r•I�9 R ��ftmffjw 1 UI►ERVNIE 0 145 490 S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 665 - 5651 980 Feet Map Created: October 18. 2018 -4 TASKER ROAD AND WARRIOR DRIVE COMMERCIAL PROPERTIES CONDITIONAL ZONING AMENDMENT r • ,r r 1 7••-r 7f •. ` Tax Parcels 75-A-104 & 75-A-104E Opequon Magisterial District Frederick County, Virginia October 9, 2018 Revised January 18, 2019 Current Owners: Bowman -Shoemaker Companies, Inc. Tasker Warrior Properties, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering April 8, 1998, October9, 2018 Tax Parcels 75-A-104 8C, 75-A-104E- January 3, 2019; January 18, 2019 TASKER ROAD AND WARRIOR DRIVE COMMERCIAL TAX PARCELS 75-A-104 & 75-A-104E PROFFER STATEMENT REZONING: RZ# B-2, Business General District and RP, Residential Performance District with Proffers to B-2, Business General District and RP, Residential Performance District with Revised Proffers PROPERTY: Tax Parcels 75-A-104; 5.07± acres and 75-A-104E; 15.79± acres (here -in after the "Property") RECORD OWNER: Bowman-Sloemaker Companies, Inc. (Tax Parcel 75-A-104) Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: Bowman -Shoemaker Companies, Inc. and Tasker Warrior Properties, LLC (here -in after "Owners") PROJECT NAME: Tasker Road and Warrior Road Commercial Conditional Zoning Amendment ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: January18, 2019 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application #002-98 for Tax Parcel 75-A-104 (4.45± acres zoned B2, Business General District and 0.62± acres zoned RP, Residential Performance District) and Tax Parcel 75-A- 104E (15.79± acres zoned B2, Business General District) to establish 20.86± acres of B2, Business General District and RP, Residential Performance District with revised proffers; development of the 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 be 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. File 114806B/EAW 2 Grecnway Engineering • April 8, 1998, October9, 2018 Tax Parcels 75-A-104 S 75-A-104E January 3, 2019; January 18, 2019 The Property is identified as Tax Map Parcel 75-A-104, owned by Bowman -Shoemaker Companies, Inc., recorded as Deed Book 634 Page 499 (Jasbo, Inc. Certificate of Change of Name to Bowman -Shoemaker Companies, Inc, by Instrument Number 070017367) and Tax Map Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as Instrument Number 160004426. PROFFER STATEMENT A. Prohibited Land Uses The Owners proffer to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property fi•orn being developed: i nncl T lcf-� Automotive Dealers Gasoline Service Stations (pumps at convenience stores are allowed) Hotels and Motels Car Washes Golf Driving Ranges/Miniature Golf Courses Commercial Batting Cages Operated Outdoors Membership Organizations Civic, Social and Fraternal Organizations Funeral Service and Crematories Drive-in Theaters Adult Retail Uses B. Restricted Hours of Operation The Owners proffer to restrict hours of operation for land uses that are permitted within the B-2, Business General District portion of the Property by requiring the businesses to be closed to the public from 11:00 PM to 6:00 AM. Additionally, the Owners proffer to prohibit deliveries to all land uses that are permitted within the B-2, Business General District portion of the Property from 11:00 PM to 6:00 AM. C. Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. Pile #4806B/EA W 3 a • Greenway Engineering April 8, 1998, October 9, 2018 Tax Parcels 75-A-104 S 75-A-104E January 3, 2019; January 18, 2019 Owuei- Signatut-c The conditions proffered above shall be binding upon the 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. Respectfully Submitted: By: �J 1-3/- ? Bowma -Shoemaker Companies, Inc. Date Beverley B. Shoemaker, President Commonwealth of Virginia, -C—it-y/County of To Wit: The foregoing instrument was acknowledged before me this 3` 201� by V«\�� VD'"! GNU *NVf SUIM NOISSIWW03AW VINIOUTA 10 HIIUMNOWW00 EMIUVOM onand AHVION sobndos •1 VNl1 My Commission Ex day of lykO G Notary Public File 1t4806B/EAw 4 Grecnway Engineering Owner Signature April 8, 1998, October 9, 2018 January 3, 2019; January 18, 2019 Tax Panels 75-A-104 &, 75-A-104E The conditions proffered above shall be binding upon the 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. Respectfully Submitted: By: & Wj4j ) ! 1-3/-19 Tasker N. arrior Properties, LLC Date Beverley B. Shoemaker, Manager Commonwealth of Virginia, •C--ity/County of r c� Q c i C �� To Wit: The foregoing instrument was acknowledged before me this -A day of 20 c\ by \L TINA L. SCRUG GS NOTARY PUBLIC REG. #E334353 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES J N. 31, 2019 My Commission Expires Notary Public File 114806B/EAW ORDINANCE Action: PLANNING COMMISSION: December 5, 2018 Public Hearing Held, Postponed January 16, 2019 Recommended Denial BOARD OF SUPERVISORS: February 13, 2019 Pending AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 1104-18 TASKER ROAD & WARRIOR DRIVE COMMERCIAL PROPERTIES WHEREAS, REZONING #04-18 Tasker Road & Warrior Drive Commercial Properties, was Submitted by Greenway Engineering, Inc. to rezone 20.24± acres fi-om the B2 (General Business) District with proffers to the B2 (General Business) District with revised proffers and 0.621 of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers with a final revision date of January 18, 2019. The subject properties are located in the northwest and southwest MIM'S of the intellection ofTasker Road and Warrior Drive. The properties are located in the Opequon Magisterial District and are identified by Property Identification Nos. 75-A-104 and 75-A-104E; and WHEREAS, the Planning Commission held a pUbllc hearing oil this rezoning on December 5, 2018 and postponed the application and; the Planning Commission then held a public meeting oil this rezoning oil JallUaly 16, 20199 and recommended denial; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 13, 2019; 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 lvith the Comprehensive Plail; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board Of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 20.24± acres fi•om the B2 (General Business) District with proffers to the B2 (General Business) District with revised proffers and 0.62f of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers with a final revision date of January 18, 2019. 'file C011dit1011S VOIUlltai'ily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 1311, day of February 2019 by the following recorded vote: Charles S. DeI-lavcn, Jr., Chairman J. Douglas McCarthy Shannon G. Trout Blaine P. Dunn PDRes. 1102-19 Gaiy A. Lofton Robert W. Wells Judith McCann -Slaughter A COPY ATTEST Kris C. Tierney, Frederick County Administrator 0 • REZONING REQUEST PROFFER Property Identification Numbers 75-((A))--104,105 & 107 Opequon Magisterial Disiaxct JASBO, INC., FR.ED L. GLARE, III, JC'REDERIGIS DEVELOPMENT, INC. Or, JAMBES L. EOWTVUN "'f Taken Road and VkfaiTior Road Commercial" Prelirnina1y Matters Pursuant to Section 15.2 - 2296 etet. seq, of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 4P002-98 for the rezoning of 35.6774 acres from Residential Performance (RP) Zoning District to the Business General (13-2) Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Transr)ortation Improvements to Offset _Impact of Development A traffic impact study will be conducted using VDOT procedures for each site development use proposed within the Tasker Road and Warrior Road Commercial site at the time of site plan review. Improvements will be constructed by the undersigned as required by VDOT regulations for the predicted traffic impacts based upon the specific use proposed. Restricted Uses The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for Frederick County, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Drive in the Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned will restrict the use of the property by not allowing the following uses; 0 0 • • HE -ZONING REQUEST PROFFM Propedyy Ydendficatkion Number 75-((M-M,105 & 107 'Tas sex Toad and Waridor Road Coumer sal ' Page 2 o Automotive dealers - Gasoline service stations (pumps at convenience stores are allowed) Hotels and motels Car washes a Golf driving ranges and miniture golf courses a Batting cages ® Membership organizations Civic, Social and fraternal organizations Funeral homes & crematoriums Drive-in theaters .Restricted Hours of O ep ration The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for Frederick County, Virginia approves the rezoning of 35,6774 acres, lying along Tasker Road in the Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned shall restrict hours of operation by requiring businesses to be closed from 11:00 p.m. to 6:00 a.m. Parcels to be Rezoned B-2 The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for Frederick County, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Road in the Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned reduces the rezoning request by eliminating parcel 1 as shown on the attached plan entitled "'Tasker Road & Warrior Road" dated 2/10/98 by Gilbert W. Clifford & Associates. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Drive in the Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned will pay to Frederick County for the Stephens City Fire and Rescue Company the sum of $6,545.97 at the time the first building permit is applied for and issued. • • REZONING REQUEST PROVER Property Identification Number 7s-((A))-Um, los & 1oi "rasker Road and Warrior Road Comzmerd4 " Page 3 The conditions proffered above shaA be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, .. dJ-1 MM By:�--�--�—' Date: Jas Inc., James L. Bowman, Pre4ident By, f�• s� G z �� Date: Fred L. Glaize, III • STATE OF VIRGIMA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was adayvwiedged before rre this 4 day of On rni ` —1998, byJGMCS L j �+=.fti'+�� f (Gi .a'. . �lx s fora , "� 1 C. MyConvrissiortegAm 11A1 3 % z4 . Notary Rdkc a . t_ M c-"L-L. STATE OF VIRGENIA, AT LARGE FREDERICK COUNTY, To -wit. The foregoing instrument was acknowledged before me this 5 day of iY1 a I998, My ecp m . �.,.t� 3 % Notayrubbc ry a- _ 0 L • REZONMG REQUEST PROEFER Pxop erty IdeniFitcation Number 7-(W)-144,105 do 107 'wrasker Road and Warrior Road Commerciai " Page 4 Bar "�"' Data: 5 14 1 q Ja L. Bowman By: z=`-- _e- c' c— — S— Date: Frederick Development Co., Inc. Fred L. Glaize, III, Vice President STATE OF VIRGMA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was adawwledged before me this 4 day of QE M, MyCxroslonexlues STAI E OF ViRGIIIIA, AT LARGE FFEDERICK COUNTY, To -wit The fb + ing ins=rent was aclmw`iedged before me this �_ day of �1,- 199,,8,,1. by NA `0.\L.0 �.is� ]!a'.S� J ����d!_'1� i`: aGL �i :,► �1 ��J ���^� for["a Wck Development, Inc. My Cornrrdsaoti eiaes . , ,1� o . 1Joary Public %--t- . ry-\ G.i. k� • 0 U E C7 BOUNDARY INFORMA710M SHOWN HEREON IS ElTwjR - - TAKEN FROM OR SAM UPON PLATS OF RECORD IN DEED BOOK 509 AT PAGE 525. HIGHWAY PLAT BOOK ; 0 AT PAGES 328 THRU 337, AND IN PLAT OF SURVEY DATED MAY 14ANS BYEM PLAT Of MOSSY STAIM V-SETM;••' -:� i :� ;�{ r APRIL 4.1997 BY GILBERT W. cL FFORD S 'NFL t . � i .. T 1,. M110E3 S m i p 3 /3A7f A ® �� �Gti �tiO ACM UAW ACAM to �• •.�:���� ` � � � •. i -, � �, .•J , 1 ; I i AC. 4 A I PAR '.` - tip\ ,.;i :.• .\ � 3:11 -..- - it i J • _ • _ � .. •' • _ � - .x t•r - _ � `� %'--•� i -A, E REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. Fee Amount Paid $ l C)0 ` I Zoning Amendment Number Ct t� ` I Date Received i, j � k 1 i � i PC Hearing Date t �� `� `U BOS Hearing Date t 9 I `I j The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering, Inc. Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): isName: Bowman -Shoemaker Comapnies, Inc. Address: P.O. Box 480 Stephens City, VA 22655 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540) 662-4185 Telephone: (540) 869-1800 Telephone: (540) 662-4185 4. Property Information: a. Property Identification Number(s): 75-A-104 & 75-A-104E b. Total acreage to be rezoned: Conditional Zoning Amendment - 20.86+/- Acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parce](s) is not being rezoned): N/A d. Current zoning designation(s) and acreage(s) in each designation: B-2 District - 20.24+/- Acres & RP District 0.62+/- Acres with Proffers C. f Proposed zoning designation(s) and acreage(s) in each designation: B-2 District - 20.24+/- Acres & RP District 0.62+/- Acres with Revised Proffers Magisterial District(s): Opequon District & Shawnee District 12 ! 0 5. Checklist: Check the following items.that have been included with this application. Location map ✓ !_ Agency Comments ✓ i_ Plat ✓ Fees ✓ L Deed to property _� ✓ Impact Analysis Statement Verification of taxes paid _ ✓ Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf°s) of all submitted documents, maps and exhibits _! _ 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Bowman -Shoemaker Companies, Inc. - Beverley B. Shoemaker, President Tasker Warrior Properties, LLC - Beverley B. Shoemaker, Manager 7. Adjoining Property: PARCEL ID NUMBER USE ZONING Refer to attached Adjoining Property Owner Map & Table 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 subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Road. r L_J • 13 0 • 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family 110111CS: N/A Townholne: N/A Multi -Family: N/A Non -Residential Lots: N/A Mobile Home: N/A Hotel Roorns: N/A Square Footage of Proposed Uses Office: N/A Service Station: N/A Retail: N/A Manufacturing: N/A Restaurant: N/A Warehouse: N/A Commercial: N/A Other: N/A 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at • the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. n Applicant(s): Date: Date: Owner(s): ALM"I k& / x).bc'oYY_LDate: Jy -1 '7 � t/�r_- �� ��J�1,�-i'�'l�la�il'�(, �� L/✓� Date: l C - I 1 J is 14 E • Tasker-Warrior Commercial, Rezoning Tax Map Number jowner Imailing Address ICity & State IZIP jAcres lZoning 75 A 103 NICHOLS LINWOOD T 1340 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655 3.47 RP 75 A 104 BOWMAN -SHOEMAKER, COMPANIES INC PO BOX 480 ISTEPHENS CITY, VA 2-26551 5.08 RPB2 75 A 104E TASKER WARRIOR PROPERTIES LLC PO BOX 480 STEPHENS CITY, VA 22655 15.79 B2 75 A 105A1 CREGAR ENTERPRISES LLC 114 E PICCADILLY ST WINCHESTER, VA 22601 0.32 B2 75 A 105A10 TIM0 INVESTMENTS OF VA LLC 113310 TANNERY CT FAIRFAX, VA 22033 0.16 B2 75 A 105Al2 O'NEIL DAVID M, O'NEIL FATEMEH MERCEDEH 125146 EARSDON TER CHANTILLY, VA 120152 0.23 B2 75 A 105A13 I NCVR PROPERTIES LLC 12227 VALLEY AVE WINCHESTER, VA 22601 0.19 B2 75 A 105A15 ALIGNING STARS LLC 119 FRITILLARY CT LAKE FREDERICK, VA 22630 0.22 B2 75 A 105A16 IREALTY FC LLC 640 WARRIOR DR #105 STEPHENS CITY, VA 22655 0.16 B2 75 A 105A18 12MEXICO LLC, C/O GILLIAN GREENFIELD 4114 AVOYER PL LA MESA, CA 919411 0.17 B2 75 A 105A2 RAINBOW REALTY & INVESTMENT INC 21218 EDGEWOOD CT ISTERLING, VA 201651 0.16 B2 75 A 105A3 WARRIORGIRL777 LLC 640 WARRIOR DR STE 104 ISTEPHENS CITY, VA 22655 0.16 B2 75 A 105A4 TRAN PHONG V, TRAN TONY TUNG 121055 DANBURY CT STERLING, VA 201641 0.16 B2 75 A 105A5 DARVISH SIAMAK, DARVISH MERSEDEH 13534 SAINT AUGUSTINE LN OAKTON, VA 122124 0.16 B2 75 A 105A6 CAPUANO UMBERTO, CAPUANO PERLA 170 DELCO PLZ STE 4 WINCHESTER, VA 226021 0.21 B2 75 A 105A7 SUCTEK PROPERTIES LLC 640 WARRIOR DR STE 109 STEPHENS CITY, VA 226551 0.15 B2 75 A 105A8 SUCTEK PROPERTIES LLC 640 WARRIOR DR STE 109 STEPHENS CITY, VA 22655 0.16 B2 75 A 105A9 CHING YAHUI ETALS 107 FISHERS HILL CT STEPHENS CITY, VA 22655 0.32 B2 75 A 105E CITY NATIONAL BANK OF WEST VIRGINIA 25 GATEWATER RD CROSS LANES, WV 25313 2 B2 75 A 105C H N FUNKHOUSER & CO INC PO BOX 2038 IWINCHESTER, VA 22604 3.11 B2 75 A 105D JEM VII LLC, C/O CVS CORP #1819-01 ATTN P DURAND 1 CVS DR IWOONSOCKET, RI 2895 2.37 B2 75D 44110 DILLON CAROL M 108 KEVERNE CT ISTEPHENS CITY, VA 226551 0.46 RP 75D 44111 VOLSCHKE GRETCHEN L, VOLSCHKE DARRELLJ 106 KEVERNE CT STEPHENS CITY, VA 226551 0.32 RP 75D 4 4 137B WAKELAND MANOR HOMEOWNERS ASSOC INC 4840 WESTFIELDS BLVD STE 300 CHANTILLY, VA 201511 6.29 RP 75L 31 1A WHITAKER CURTIS E JR, WHITAKER MARY M 100 BAYBERRY CT STEPHENS CITY, VA 226551 0.26 RP 75L 31 6C AUTUMN GLEN-FREDERICK COUNTY VA, HOMEOWNERS ASSOCIATION INC C/O CONVENTRY GROUP PO BOX 2580 WINCHESTER, VA 22604 3.33 RP 75L 31 8A ITOMPKINS JOANNE M 200 LYNN DR STEPHENS CITY, VA 22655 0.27 RP 75L 31 8B WOLFORD PATSY M, HERSH STACY R 1202 LYNN DR ISTEPHENS CITY, VA 122655 0.22 RP 75L 31 9A VILLENEUVE DORINE IRENE 206 LYNN DR ISTEPHENS CITY, VA 22655 0.13 RP 75L 31 9B FLEMING THOMAS H 208 LYNN DR ISTEPHENS CITY, VA 22655 0.17 RP 75L 33 77A AUTUMN WOODS LLC 1820 ROBERTS ST IWINCHESTER, VA 226011 4.85 RP 751M 11 26A MOSBY STATION HOMEOWNERS ASSOC INC PO BOX 888 IWINCHESTER, VA 226041 4.44 RP 75M 2 A 15 IBERENS MATTHEW, BERENS FAITH 6485 WILDWOOD LN IMIDDLEBURG, VA 20117 0 RP 75M 2 A 16 JASINSKI JAMEST 112 QUEENS WAY STEPHENS CITY, VA 22655 0 RP 75M 2 A 17 WILLIAMS GARY W, WILLIAMS DONNAJ 114 QUEENS WAY STEPHENS CITY, VA 22655 0 RP 750 4 6 261A WAKELAND MANOR HOMEOWNERS ASSOC INC 4840 WESTFIELDS BLVD STE 300 CHANTILLY, VA 20151 2.79 RP 75P 13 207A OLD DOMINION GREENS HOMEOWNERS, ASSOC INC PO BOX 480 STEPHENS Cl VA 22655 1 RP Greenway File: 4806B Source: Frederick County GIS, 2018 Data Sorted by Tax Map Number 0 E 0 • • COO Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: wimfeva.us WN Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Tasker Warrior Properties, LLC (Phone) (540) 869-1600 (Address) P.O. Box 460 Stephens City, VA 22655 owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 160004426 on Page 0066 , and is described as Parcel: 75 Lot: A Block: 104E Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. the deed recorded in the Clerk's (Phone) (540)662A165 (Address) 161 Windy Hill Lane Winchester, VA 22602 To act as my taste and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Properly, including: X Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of r=; , 20 Signature(s) State of Virginia,-City/County of (PC�C c L�( , To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) ho signed to the foregoing instrument personally appeared before me and has acknowle ged the same before me in the jurisdiction aforesaid this C, I- day of`3 ,fir ,ta 20 0' . 0 __ My Commission Expires: Notary Public i'1NA t. BGFtIl�5 COMMONWEALTH OF VIRQtlt1A mY CUUMBS104, EXPIRES JAIJ, 31, 2019 0 • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us w, Department of Planning & Development, County of Frederick, Virginia 107 North Kent Sheet, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Bowman -Shoemaker Companies, Inc. (Phone) (540) 869-1600 (Address) P.O. Box 460 Stephens City, VA 22655 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. DB 634 on Page 499 , and is described as Parcel: 75 Lot: A Block: 104 Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. (Phone) (540) 662-4165 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority 1 (we) would have if acting personally to file planning applications for my (our) above described Property, including: _Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day Signature(s) State of Virginia,-Gi y/County of f �c c�PC �C�'1 , To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the persoir s) who signed to the foregoing instrument personally apeared before me and has acknowled ed the same before me in the jurisdiction aforesaid this (,1,� day of � � r:. 20 My Commission Expires: - Cll Notary Public PIOTA"Y PUBL1G� C0Mhj0tjwl altwOf\gRGWRA 0 • REZONING APPLICATION #04-18 TASKER ROAD & WARRIOR DRIVE COMMERCIAL PROPERTIES Staff Report for the Planning Commission Prepared: January 7, 2019 Staff Contact: Candice C. Perkins, AICP, CZA, Assistant Director Reviewed Planning Commission: 12/05/18 Planning Commission: 01/16/19 Board of Supervisors: 02/13/19 Action Public Hearing Held; Postponed Pending Pending PROPOSAL: To rezone 20.24+/- acres from the B2 (General Business) District with proffers to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 0/16/19 PLANNING COMMISSION MEETING: This is an application to rezone 20.24+/- acres from the B2 (General Business) District and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the B2 and RP Districts with revised proffers. The subject property was rezoned to the B2 (General Business) District with proffers in 1998. The approved Rezoning (#002-98) required that businesses be closed from 1 1 p.m. to 6 a.m. The Applicant is requesting to remove the howl of operation for the majority of land uses allowed in the B2 District that could be constructed on this property. 1-lours of operation for restaurants, miscellaneous repair and amusement are proposed to be restricted from 1 1 p.m. to 6 a.m. The Applicant has also updated the format for the prohibited uses (consistent Nvith the prohibited uses from the approved rezoning), revised the fire and rescue monetary proffer and removed a transportation study proffer as this is already completed during the site plan stage of development and is unnecessary for the proffer statement. The Planning Commission held a public hearing for this rezoning on December 5, 2018. The Commission expressed concern over the hours of operation, noise fi•om the businesses and associated deliveries. Ultimately, the Commission postponed this item to allow the Applicant to address the expressed concerns. The Applicant has since revised the proffers to prohibit deliveries between 1 1 p.m. to 6 a.m. The proposed proffers are as follows (Dated April 8, 1998, Revised January 3, 2019): A. Prohibited Land Uses The Owners proffer to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: • Rezoning #04-18 Tasker Road & Warrior Drive Commercial Properties January 7, 2019 Page 2 Land Use SIC Code Automotive Dealers and Gasoline Service Stations 55 (pumps at convenience stores allowed) Hotels and Motels 701 Organization Hotels and Lodging 704 Funeral Service and Crematories 726 Car Waslics 7542 Golf Driving Ranges/Miniature Golf COLD-SCs 7999 Membership Organizations 86 Commercial Batting Cages Operated Outdoors No SIC Adult Retail Uses No SIC B. Restricted Hours of Operation The Owners proffer to prohibit hours of operation for the following land uses that are permitted within the B-2, Business General District portion of the Property by requiring the businesses to be closed to the public from 1 1:00 PM to 6:00 AM: Land Use SIC Code Eating and Drinking Places 58 Miscellaneous Repair Services 76 Amusement and Recreational Services Operated Indoors 79 Additionally, the Owners proffer to prohibit deliveries to all land uses that are permitted within the B-2, Business General District portion of the Property fi•om 1 1:00 PM to 6:00 AM. Staff'Note: Note: This revision removes the hours of 0peration v the lllajorltj, of the allowe 1 USE'S on the property. The prohibited holi/s of oper'atloil f -o/il the original rezoning were 11 p.m. - 6 a.m. This proposed revision only prohibits the hours of'operation for SIC 58, 76 and 79. All other uses can operate 24-hours. Deliveries cannot occur between 11 p.m. - 6 a.m., however; the business would be permitted to operate during those hours. C. Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. A recommendation regarding this rezoning application to the Board of'Supervisors would be appropriate The Applicant should be prepared to adegnatel), address all concerns raised by the Planning Commission. 0 E Rezoning #04-18 Taskcr Road & Warrior Drive Commercial Properties January 7, 2019 Page 3 Thi.v report is prepared by the Frederick County Planning Staff to provide information to the Planning Conindvsion and the Board of Supervisor's' to assist therm in making a decision on this application. It may al.vo be useful to other:v interested in this zoning matter. Unresolved issues concerning this application are noted by staff'where relevant throughout this staff report. Reviewed Action Planning Commission: 12/05/18 Public Hearing Held; Postponed PlanniIIg ConImission: 01/16/19 Pending Board of Supervisors: 02/13/19 Pending PROPOSAL: To rezone 20.24-1-/- acres from the B2 (General Business) District with proffer to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District witli proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The subject properties arc located in the northwest and southwest corners of the intersection of Taskcr Road and Warrior Drive. MAGISTERIAL DISTRICT: Opcquon PROPERTY ID NUMBERS: 75-A-104 and 75-A-104E PROPERTY ZONING: B2 (General Business) District and RP (Residential Performance) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: B2 (General Business) Use: Commercial RP (Residential Performance Residential West: RP (Residential Performance) Use: Residential 0 0 Rezoning #04-18 Taskcr Road & Warrior Drive Commercial Properties January 7, 2019 Page 4 REVIEW EVALUATIONS: Planning, & Zoning: 1) Site History On April 8, 1998, the Board of Supervisors approved Rezoning #002-98 which rezoned the subject property from the RP (Residential Performance) District to the B2 (General Business) District with proffers. 2) Comprehensive Policy Plan Tile 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive 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 future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary impicinclltatloll tool and will be instrumental to the futlll'e planning efforts of the County. Laud Use The Southern Frederick Land Use Plan of the 2035 Comprehensive Plan designates this property as a future Neighborhood Village. The existing B2 (General Business) District zoning is consistent with the Comprehensive Plan. The properties are also within the limits of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/05/18 MEETING: Staff presented an overview of the rezoning request. Mr. Evan Wyatt of Greenway Engineering, representing the Applicant gave a brief overview of the request. He explained, the purpose of this request is the owner recently had a group look at the property for purchase; this group noted the limited hours of operation are a detriment to the property. Mr. Wyatt continued, with that in mind the Applicant wants to maintain the integrity of what was approved; what was done with the prohibited land uses they have maintained everything that was prohibited with the original proffers and added new commercial uses that have been approved over time that were not part of the 1998 zoning code. Mr. Wyatt noted, looking at the adjoining residential uses, the Applicant thought it would still be appropriate to keep the hours of restriction on uses that would be louder in the evening such as restaurants, bars, amusement, and recreational services. Mr. Wyatt concluded, the Fire & Rescue proffer was a one-time payment that was done with the first site plan on the other side of the road and tile Applicant felt it was appropriate to make sure there was proffer money coming in for fixture commercial development on this side for Fire & Rescue. 0 • Rezoning #04-18 Tasker Road & Warrior Drive Commercial Properties January 7, 2019 Page 5 A Commission Member reminded cvclyone that the restriction was put ill place because of the noise concerns shared by neighbors. His concern is how the sur OLlllding neighborhoods will be protected from the noise; a grocery store having tractor trailers with night deliveries will create a lot of noise and there is a senior development directly behind this property. A Commission Member asked how this would be explained to the neighbors. Mr. Wyatt commented, the first thing that would be explained is the proffer amendment sloes nothing to the requirements for the buffer and screening between the commercial property and the senior Subdivision which in this case Would be a six -foot -high opaque element and landscaping so that would assist with the noise levels. A Commission Member inquired what square footage of buildings can lit On the propelty. Mr. Wyatt explained, O11 the 5-acre parcel the I11aXllll1,1111 Would be approximately 25,000 SF and on the 16-acre parcel approximately 100,000 SF. Mr. Wyatt stated, therefore $10,000 to $15,000 could go towards Fire & Rescue. A Commission Member inquired could there be a way to arrange the buildings so the tractor trailer deliveries and parking could be on the side of the buildings rather than in the back. Mr. Wyatt responded, the orientation of the building is to face Warrior Drive; the depth of the property to have the buffer and 120 feet of depth to get to the building may dictate that it is on Tasker Road; lie Will have to look at the site before lie Could agree to that condition. A neighboring resident asked where the entrance would be on the 5-acre parcel and will there be more than one entrance. Mr. Wyatt displayed maps and described the possible entrances. A Commission Member commented, the neighbol'1100C1S SUrrounding this 1)1'01)CI'ty tl'USt the Plalllllllg Commission alld the decisions made in the past; lie CallllOt Sllpp01't this and b1'cak that commitment to the citizens. Another Commission Mcmbcr suggested to restrict the tractor trailer delivery times from occurring in the middle of the night. A Commission Member noted if that could be accomplished, lie may consider this request. A Commission Member noted that restriction would be difficult to enforce. A Commission Member requested a comment from Staff. Staff explained this could not be liandlecl at the site plan process unless a proffered restriction was added; notes On the site plan if there were a proffer in place to restrict the hours, at that time it Would become an enforcement issue if violated. Staff commented it would be Up to the Applicant to offer this as a proffer. Mr. Wyatt concluded, reasonable comments have been made and Mr. Wyatt Would prefer an opportunity to talk to the property owner and would agree to a postponement. The Plalllllllg COIIIII11SSi011 Unanimously voted t0 postpone the rezoning t0 the January 16, 2019 meeting. (Note: COmmissioncr Unger was absent f-om the meeting. A recommendation regarding this rezoning application to the Board of'Supervisors would be appropriate. Tlie Applicant should be preprn•ed to adequateli, address all concerns raised bl, the Planning Commission. 0 • REZONING APPLICATION #04-18 TASKER ROAD & WARRIOR DRIVE COMMERCIAL PROPERTIES Staff Report for the Planning Commission Prepared: January 4, 2019 Staff Contact: Candice C. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 01/16/19 Pending Board of Supervisors: 02/13/19 Pending PROPOSAL: To rezone 20.24+/- acres from the B2 (General Business) District with proffers to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: 'Thc subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/16/19 PLANNING COMMISSION MEETING: This is an application to rezone 20.24+/- acres from the B2 (General Business) District and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the B2 and RP Districts with revised proffers. The subject property was rezoned to the B2 (General Business) District with proffers in 1998. The approved Rezoning (#02-98) required that businesses be closed from 11 p.m. to 6 a.m. The Applicant is requesting to remove the hours of operation for the majority of land uses allowed in the B2 District that could be constructed on this property. Hours s of operation for restaurants, miscellaneous repair and amusement are proposed to be restricted from 1 1 p.m.- 6 a.m. The Applicant has also updated the format for the prohibited uses (consistent with the prohibited uses from the approved rezoning), revised the fire and rescue monetary proffer and removed a transportation study proffer as this is already completed during the site plan stage of development and is unnecessary for the proffer statement. The proposed proffers are as follows (Dated April 8, 1998, Revised October 9, 2018): A. Prohibited Land Uses The Owners proffer to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use SIC Code Automotive Dealers and Gasoline Service Stations 55 Hotels and Motels 701 Organization Hotels and Lodging 704 0 • Rezoning #04-18Tasker Road & Warrior Drive Commercial Properties January 4, 2019 Page 2 Funeral Service and Crematories 726 Car Waslies 7542 Golf Driving Ranges/Miniature Golf Courses 7999 Membership Organizations 86 Commercial Batting Cages Operated Outdoors No SIC Adult Retail Uses No SIC B. Restricted Hours of Operation The Owners proffer to restrict liours of operation for the following land uses that are permitted witliin the B-2, General Business District portion of the Property by requiring the businesses to be closed to the public from 1 1:00 PM to 6:00 AM: Land Use SIC Code Eating and Drinking Places 58 Miscellaneous Repair Services 76 Amusement and Recreational Services Operated Indoors 79 Staff Note: This revision removes the hours of opetation for the majority of allowed uses on the property. The restricted hotrtty of operation froth the original rezoning were 11 p.m. - 6 a.m. This proposed revision only restricts the homes of operation for SIC 58, 76 and 79. All other uses can operate 24-hotn:v. C. Property Development Requirements Tlie Applicant liereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. A recommendation regarding this rezoning application to the Board of'Supervisors would be appropriate The Applicant yhotild be prepared to adequately ad(h•es:v all concerns raised bl, the Planning Coltlmis:yion. 0 0 Rezoning #04-18Tasker Road & Warrior Drive Commercial Properties January 4, 2019 Page 3 This report is prepared by the Frederick County Planning Staff to provide illforlllatioll to the Planning Commission and the Board gf'Supervisors to assist them in making a decision oil this application. It Illlly also he use fill to others interested in this zoning matter. Unresolved issues concerning this application are noted by staffwhere Where relevant throughout this staff report. Reviewed Action Planning Commission: 01/16/19 Pending Board of Supervisors: 02/13/19 Pending PROPOSAL: To rezone 20.24+/- acres from the B2 (General Business) District with proffer to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The subject properties arc located in the nortliwest and southwest coI'ncrs of the intersection of Tasker Road and Warrior Drive. MAGISTERIAL DISTRICT: Opcquon PROPERTY ID NUMBERS: 75-A-104 and 75-A-104E PROPERTY ZONING: B2 (General Business) District and RP (Residential Performance) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: B2 (General Business) Use: Commercial RP (Residential Performance Residential West: RP (Residential Performance) Use: Residential 0 0 Rezoning #04-18Tasker Road & Warrior Drive Commercial Properties January 4, 2019 Page 4 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History On April 8, 1998, the Board of Supervisors approved Rezoning #02-98 which rezoned the subject property from the RP (Residential Performance) District to the B2 (General Business) District with proffers. 2) Comprehensive Policy Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive 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 future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The Southern Frederick Land Use Plan of the 2035 Comprehensive Plan designates this property as a future Neighborhood Village. The existing B2 (General Business) District zoning is consistent with the Comprehensive Plan. The properties are also within the limits of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). A recommendation regarding, this rezoning, application to the Board of'Supervisors would be appropriate The Applicant shollld be prepared to adeguatell, address all concerns raised bl' the P*11111U1fr C'ol/linis41on. • 0 REZONING APPLICATION #04-18 TASKER ROAD & WARRIOR DRIVE COMMERCIAL PROPERTIES Staff Report for the Board of Supervisors Prepared: February 1, 2019 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 12/05/18 Public Hearing Held; Postponed Planning Commission: 01/16/19 Action Item Held; Recommended Denial Board of Supervisors: 02/13/19 Pending PROPOSAL: To rezone 20.241-/- acres from the B2 (General Business) District with proffers to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/13/19 BOARD OF SUPERVISORS MEETING: This is an application to rezone 20.24+/- acres fi•om the B2 (General Business) District and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the B2 and RP Districts with revised proffers. The subject property was rezoned to the B2 (General Business) District with proffers in 1998. The approved Rezoning #002-98 required that businesses be closed from 1 I p.m. to 6 a.m. The Applicant is requesting to amend the hours of operation text to limit the closure to the public during those hours. Employees would still be allowed to be in the business. The Applicant has further stated that deliveries will not be permitted from 1 1 p.m. to 6 a.m. The Applicant has also revised the fire and rescue monetary proffer and removed a transportation study proffer as this is already completed during the site plan stage of development and is unnecessary for t11e proffer statement. The Planning Commission held a public llcaring for this rezoning on December 5, 2018. The Commission expressed concern over t11e flours of operation, noise from the businesses and associated deliveries. Ultimately, the Commission postponed this item to allow the Applicant to address the expressed concerns. The Planning Commission discussed this item again on January 16, 2019. The Commission expressed concern regarding t11e 11o111's of operation, noise and truck deliveries. The Commission ultimately recommended denial of this rezoning. Since the January 16°i meeting, the Applicant has revised the proffer statement. The revision states that the business must be closed to the public from 1 1 pm -ham. This would give the opportunity for employees to still be in the building. Tile proffer still prohibits deliveries from I I pm-6am. • Rezoning #04-18 Tasker Road & Warrior Drive Commercial Properties February 1, 2019 Page 2 The proposed proffers are as follows (Dated April 8, 1998, Revised January 18, 2019): A. Prohibited Land Uses The Owners proffer to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use Automotive Dealers and Gasoline Service Stations (pumps at convenience stores allowed) Hotels and Motels Organization Hotels and Lodging Funeral Service and Crematories Car Washes Golf Driving Ranges/Miniature Golf Courses Membership Organizations Commercial Batting Cages Operated Outdoors Adult Retail Uses B. Restricted Hours of Operation The Owners proffer to restrict hours of operation for land uses that are permitted within the B-2, Business General District portion of the Property by requiring the businesses to be closed to the public from 1 1:00pm to 6:00am. Additionally, the owners proffer to prohibit deliveries to all land uses that are permitted within the B-2, Business General District portion of the property from 11:OOpm to 6:00am. Land Use SIC Code Eating and Drinking Places 58 Miscellaneous Repair Services 76 Amusement and Recreational Services Operated Indoors 79 C. Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. Following the required public hearing, a decision re,�,ardin,, this rezoning application bl, the Board of'Supervivory ivorrld be appropriate. Tlie Applicant should be prepared to adegnately address all concerns raised by the Board of Supervisors. LJ Ll Rezoning #04-18 Tasker Road & Warrior Drive Commercial Properties February 1, 2019 Page 3 This report is prepared by the Frederick County Planning Staff to provide iriforination to the Planning Commission and the Board gf'Supervisors to assist them in making a decision on this application. It may also be usefi/1 to others interested in this zoning matter. Unresolved issues concerning this application are noted Gy staffwhere Wher'e relevant throughout this Staff report. Reviewed Action Planning Commission: 12/05/ 18 Public Hearing Held; Postponed Planning Commission: 01/16/19 Action Item Held; Recommended Denial Board of Supervisors: 02/13/19 Pending PROPOSAL: To rezone 20.24+/- acres from the 132 (General Business) District with proffer to the 132 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive. MAGISTERIAL DISTRICT: Opcduon PROPERTY ID NUMBERS: 75-A-104 and 75-A-104E PROPERTY ZONING: 132 (General Business) District and RP (Residential Performance) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: 132 (General Business) Use: Commercial RP (Residential Performance Residential West: RP (Residential Performance) Use: Residential 0 Rezoning #04-18 Tasker Road & Warrior Drive Commercial Properties February 1, 2019 Page 4 REVIEW EVALUATIONS: PlanninM & Zoning: 1) Site History On April 8, 1998, the Board of Supervisors approved Rezoning #002-98 which rezoned the subject property from the RP (Residential Performance) District to the B2 (General Business) District with proffers. 2) Comprehensive Policy Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive 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 lice. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of tlic 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The Southern Frederick Land Use Plan of the 2035 Comprehensive Plan designates this property as a future Neighborhood Village. The existing B2 (General Business) District zoning is consistent with the Comprehensive Plan. The properties are also within the limits of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/05/18 MEETING: Staff presented an overview of the rezoning request. Mr. Evan Wyatt of Greenway Engineering, representing the Applicant gave a brief overview of the request. He explained, the purpose of this request is the owner recently had a group look at the property for purchase; this group noted the limited hours of operation are a detriment to the property. Mr. Wyatt continued, with that in mind the Applicant wants to maintain the integrity of what was approved; what was done with the prohibited land uses they have maintained everything that was prohibited with the original proffers and added new commercial uses that have been approved over time that were not part of the 1998 zoning code. Mr. Wyatt noted, looking at the adjoining residential uses, the Applicant thought it would still be appropriate to keep the hours of restriction on uses that would be louder in the evening such as restaurants, bars, amusement, and recreational services. Mr. Wyatt concluded, the Fire & Rescue proffer was a one-time payment that was done with the first site plan on the other side of the road and the Applicant felt it was appropriate to make sure there was proffer money coming in for fiiture commercial development on this side for Fire & Rescue. 0 • Rezoning #04-18 Tasker Road & Warrior Drive Commercial Properties February 1, 2019 Page 5 A Commission Member reminded everyone that the restriction was put in place because of the noise concerns shared by neighbors. His concern is how the surrounding neighborhoods will be protected from the noise; a grocery store having tractor trailers with night deliveries will create a lot of noise and there is a senior development directly behind this property. A Commission Member asked how this would be explained to the neighbors. Mr. Wyatt commented, the first thing that would be explained is the proffer amendment does nothing to the requirements for the buffer and screening betkvicen the commercial property and the senior subdivision which in this case would be a six -foot -high opaque element and landscaping so that Would assist with the noise levels. A Commission Member inquired What Squarc I-ootage Of buildings can fit on the property. Mr. Wyatt explained, oil the 5-acre Marcel the maxlllll1111 Would be approximatcly 25,000 SF and on the 16-acre parcel approximately 100,000 SF. Mr. Wyatt stated, therefore $ 10,000 to $ 15,000 could go towards Fire & Rescue. A Commission Member inquired could there be a way to arrange the buildings so the tractor trailer deliveries and parking could be on the side Of the buildings rather than in the back. Mr. Wyatt responded, the orientation of the building is to face Warrior Drive; the depth Of the property to have the buffer and 120 feet of depth to get to the building may dictate that it is on Taskcr Road; he will have to look at the site before llc could agree to that condition. A neighboring resident asked where the entrance would be on the 5-acre parcel and will there be more than one entrance. Mr. Wyatt displayed maps and described the possible entrances. A Commission Member comnicntcd, the 1lclghborhOOC1S Sl1ITOUnding this property trust the PlanniIlg Commission and the decisions made in the past; lie cannot support this and break that COIL mitnicnt to the Citizens. Another Commission Membcr suggested to restrict the tractor trailer delivery times from occurring in the middle Of the night. A Commission Member Noted If that Could be accomplished, lie may considcr this request. A Commission Mcmber noted that restriction would be difficult to enforce. A Commission Member requested a comment from Staff. Staff explained this could not be handled at the site plan process unless a proffered restriction Was added; notes on the site plan ifthere were a proffer in place to restrict the hours, at that time it would become an enforcement issue if violated. Staff commented it would be up to the Applicant to Offer this as a proffer. Mr. Wyatt concluded, reasonable comments have been made and Mr. Wyatt Would prefer all opportunity to talk to the property owner and would agree to a postponement. The Planning C0111111ISSi011 Unanimously voted to postponc the rezoning to the .January 16, 2019 meeting. (Note: Commissioner Unger was absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION 1•ROM TIIC 01/16/19 MEETING: Staff reported this is a request to rezone 20.24+/- acres from the B2 (General Business) District with proffers to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. Staff continuccl, the subject property was rezoned With proffers in 1998 and the approved Rezoning #002-98 required that businesses be closed from 1 1 p.m. to 6 a.m. It was noted this item was postponed at the December 5, 2018 Planning Commission meeting. Staff preseIlted location maps of the property and explained, the Applicant is requesting to remove the hours of operation for the Rezoning #04-18 Tasker Road & Warrior Drive Commercial Properties February 1, 2019 Page 6 majority of land uses allowed in the B2 District that could be constructed on this property. Ms. Perkins continued, liOU1's of operation for restaurants, miscellaneous repair and amusement services are proposed to be restricted from 1 1 p.m. — 6 a.m. and all other uses could operate 24 hours. It was noted, the Applicant has added a new proffer that prohibits deliveries to all uses from I 1 p.m.— 6 a.m. Ms. Perkins concluded, the minor revisions also include updates to include SIC codes, transportation study proffer (to be completed during the site plan stage), and a revised fire and rescue monetary contribution. A Commission Mcmber inquired if the entrances can be blocked during the ]lours Of I 1 p.m.- 6 a.m. Staff commented the Applicant Would have to agree to this aIld It Would take place during the site plat] stage. A Commission Member• asked, with the restricted hours of operation, who enforces this. It was explained Staff would have to enforce if complaints are received. Mr. Evan Wyatt of Greenway Engineering and representing the Applicant presented an overview of the public hearing held on December 5, 2018; after discussion, the question from the Planning Commission was concern with delivery trucks between the hours of 1 I p.m.- 6 a.m. particularly tractor trailers and refrigerated trucks that might sit and idle late into the night. He continued, a question was asked if something could be included in the proffer to prohibit this and Mr. Wyatt noted that could not be committed to at that time. Mr. Wyatt reported, lie was contacted by the HOA and the property management group of Autumn Glen; they were able to meet and discuss options. The Applicant was asked to provide a detailed Outline of what they are planning to do regarding storm water management, lights, noise, and buffering. Mr. Wyatt noted this was provided to the HOA. Mr. Wyatt clarified, they are requesting to maintain the same uses that were originally prohibited and added a couple additional uses that have been applied to the zoning ordinance over the last 20 years that were not part of the original rezoning. Mr. Wyatt stated the concerns with buffering, lighting, water would all be appropriate and adhered to the County codes. Mr. Wyatt concluded, although not an ideal situation; the Applicant has added additional language to the proffer which prohibits deliveries between I I p.m.- 6 a.m. A Commission Member inquired what happens if delivery trucks arrive late, sits there idling all night; that is not prohibited according to the CLUTCnt language in the proffers. Mr. Wyatt asked is it the language going to the Board Of Supervisors Would be more appropriate stating deliveries and staging of vehicles durllig I I p.m.- 6 a.m. are prohibited. The Commission Member commented It could read no delivery trucks on the site during that time. Mr. Wyatt noted, this could be considered. The Commission Member commented, all concerns are enforceable Witli the exception of the "Oise; this neighborhood has been there 20 years and living there with the commitment of this protection. He noted, the tools to enforce this are not good and he feels this commitment to the neighbors needs to be upheld. Mr. Wyatt noted, if the restricted ]lours are maintained that does not guarantee Or prevent trucks on the property; they are willing to offer that tractor trailer parking be prohibited on the properties from I 1 p.m.— 6 a.m. The Commission Member inquired regarding SIC codes, what would be the most intense use. Mr. Wyatt responded most likely a grocery store. A Commission Member commented another use possible on the property Would be a hardware store such as a Lowe's. A Commission Member concluded, he has received ten emails and a few letters and will share these with Staff, all of which were unanimously against this type of rezoning. He reiterated the concern to enforce the restrictions and noted just because the developer cannot sell the property and now wants to make changes to make the property more valuable and appealing to a buyer does not justify this and • Rezoning #04-18 Taskcr Road & Warrior Drive Commercial Properties February 1, 2019 Page 7 changes should not be made to what was committed to at the initial rezoning. The Commission Member noted lie will not be in support of this. A Commission Member agreed and commented the citizens purchased those homes with this commitment in place and that should not change. Motion was made, seconded, and unanimously passed to recommend denial of this request. (Note: Commissioner Mohn was absent From the meeting.) Following the required public hearing, a decision regarding this rezollill" application by the Board of Supery .yoLy )yould be appropi7llte. %lie Applicalit shoiil(l be pi-ep(lred to adeglilttel}� address all concerns ral.yed bl, the Board of Supervisors. 0 ORDINANCE Action: PLANNING COMMISSION: December 5, 2018 Public Hearing Held, Postponed January 16, 2019 Recommended Denial BOARD OF SUPERVISORS: February 13, 2019 Adopted AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04-18 TASKER ROAD & WARRIOR DRIVE COMMERCIAL PROPERTIES --0 C;-) D C_J WHEREAS, REZONING #04-18 'Tasker Road & Warrior Drive Commercial Properties, was submitted by Greenway Engineering, Inc, to rezone 20.24t acres from the B2 (General Business) District with proffers to the B2 (General Business) District with revised proffers and 0.62i of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers with a final revision date o1'January 18, 2019. The subject properties are located in the northwest and southwest corners of the intersection ofTasker Road and Warrior Drive. The properties are located in the Opequon Magisterial District and are identified by Property Identification Nos. 75-A-104 and 75-A-I04E; and WHEREAS, the Planning Commission held a public hearing on this rezoning on December 5, 2018 and postponed the application and; the Planning Commission then held a public meeting on this rezoning on January 16, 20199 and recommended denial; and WHEREAS, the Board oi'Supervisors held a public hearing on this rezoning on February 13, 2019; and WHEREAS, the Frederick County Board ol' Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Compreliensive Plan; NOW, TIIEREFORE, BE IT ORDAINED by the Frederick County Board ol'Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 20.24f acres From the B2 (General Business) District with proffers to the B2 (General Business) District with revised proffers and 0.62t of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers with a final revision (late of .lanuary 18, 2019. "I'he conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date ofadoption. Passed this 13111(lay of February 2019 by the following recorded vote: Charles S. Del -liven, Jr., Chairman Aye Gary A. Lofton No J. Douglas McCarthy Aye Robert W. Wells Aye Shannon G. Trout Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATT i ST PDRes. #02-19 bu , Administrator Kris C. erney Fr cleric� BOS Res. #043-19 VIRGINIA: FREDL'RICK COUNTY, SCT. This instrument of writing was produced to me on ,2 �X( at � and with certificate of acknowledgement thereto annexed was adtn'tted to record. Tax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable e AAA , Cleric TASKER ROAD AND WARRIOR DRIVE COMMERCIAL PROPERTIES CONDITIONAL ZONING AMENDMENT Tax Parcels 75-A-104 & 75-A-104E Opequon Magisterial District Frederick County, Virginia October 9, 2018 Revised January 18, 2019 Current O-,tiners: Bowman -Shoemaker Companies, Inc. Tasker Warrior Properties, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 J 90005 10 Greenway Engineering April 8, 1998, October 9, 2018 T. els 75-A-104 & 75-A-104E January 3, 20M January 18, 2019 TASKER ROAD AND WARRIOR DRIVE COMMERCIAL TAX PARCELS 75-A-104 & 75-A-104E PROFFER STATEMENT N vl) REZONING: RZ# 0 4 - 19 B-2, Business General District and RP, Residential Performance District with Proffers to B-2, Business General District and RP, Residential Performance District with Revised Proffers PROPERTY: Tax Parcels 75-A-104; 5.07f acres and 75-A-104E; 15.79f acres (here -in after the "Property") RECORD OWNER: Bowman -Shoemaker Companies, Inc. (Tax Parcel 75-A-104) Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: Bowman -Shoemaker Companies, Inc. and Tasker Warrior Properties, LLC (here -in after "Owners") PROJECT NAME: Tasker Road and Warrior Road Commercial Conditional Zoning Amendment ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: January 18, 2019 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application #002-98 for Tax Parcel 75-A-104 (4.45f acres zoned B2, Business General District and 0.62t acres zoned RP, Residential Performance District) and Tax Parcel 75-A- 104E (15.79t acres zoned B2, Business General District) to establish 20.86t acres of B2, Business General District and RP, Residential Performance District with revised proffers; development of the 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 be 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. File #4806B/EAW • Greenway Engineering April 8, 1998, October 9, 2018 Tax Parcels 75-A-104 & 75-A-104E January 3, 2019; Janumy 18, 2019 The Property is identified as Tax Map Parcel 75-A-104, owned by Bowman -Shoemaker Companies, Inc., recorded as Deed Book 634 Page 499 (Jasbo, Inc. Certificate of Change of Name to Bowman -Shoemaker Companies, Inc. by Instrument Number 070017367) and Tax Map Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as Instrument Number 160004426. `- PROFFER STATEMENT A. Prohibited Land Uses The Owners proffer to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use Automotive Dealers Gasoline Service Stations (pumps at convenience stores are allowed) Hotels and Motels Car Washes Golf Driving Ranges/Miniature Golf Courses Commercial Batting Cages Operated Outdoors Membership Organizations Civic, Social and Fraternal Organizations Funeral Service and Crematories Drive-in Theaters Adult Retail Uses B. Restricted Hours of Operation The Owners proffer to restrict hours of operation for land uses that are permitted within the B-2, Business General District portion of the Property by requiring the businesses to be closed to the public from 11:00 PM to 6:00 AM. Additionally, the Owners proffer to prohibit deliveries to all land uses that are permitted within the B-2, Business General District portion of the Property from 11:00 PM to 6:00 AM. C. Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. File 114806E/EAw Greenway Engineering Owner Sil4nattire 46 April 8, 1998, October 9, 2018 Tax Parcels 75-A-104 & 75-A-104E January 3, 2019; January 18, 2019 The conditions proffered above shall be binding upon the 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. Respectfully Submitted: By: /S Bowma -Shoemaker Companies, Inc. Date Beverley B. Shoemaker, President Commonwealth of Virginia, C—ity/County of Y rc c\ C( �6� To Wit: The foregoing instrument was acknowledged before me this 31 20 c\ by �1c Aey�Y 610V t£ 'Nile S3HIdX3 NOISSIW10400 AW VININIA 40 H11UMNOVINO esevec # '03d onond AHVION soonuos 1 VNil My Commission File 1t4806l3/EAW day of I Y-V�ua Notary Public 4 • Greenway Engineering April 8, 1998, October 9, 2018 Tax .-Gels 75-A-104 & 75-A-104E January 3, 2019; hammy 18, 2019 Owner Signature The conditions proffered above shall be binding upon the 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. Respectfully Submitted: By: ! 2P.lJ �% 1.-3/-1 p Tasker Warrior Properties, LLC Date Beverley B. Shoemaker, Manager Commonwealth of Virginia, -C—iiy/County of E C C Q (- i C`N To Wit: The foregoing instrument was acknowledged before me this day of6� 20 e\ by ��X�IC.0 ���. �L TINA L. SCRUGGS NOTARY PUBLIC REG. #334353 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES J N. 31, 2019 My Commission Expires ^ -e Notary Public File 114806Q/EAW 5 REZONING REQUEST PROFFER Property Identification Numbers 75-((A))-104,105 & 107 Opequon Magisterial District JASBO, INC., FRED L. GLAIZE, III, FREDERICK DEVELOPMENT, INC. & JAMES L. BOWMAN "Tacker Road and Warrior Road Commercial" Preliminary Matters Pursuant to Section 15.2 - 2296 et. seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #002-98 for the rezoning of 35.6774 acres from Residential Performance (RP) Zoning District to the Business General (B-2) Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Transportation Improvements to Offset Impact of Development A traffic impact study will be conducted using VDOT procedures for each site development use proposed within the Tasker Road and Warrior Road Commercial site at the time of site plan review. Improvements will be constructed by the undersigned as required by VDOT regulations for the predicted traffic impacts based upon the specific use proposed. Restricted Uses The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for Frederick County, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Drive in tie Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned will restrict the use of the property by not allowing the following uses; REZONING REQUEST PROFFER Property Identification Number 75-((A))-104, 105 & 107 'Tacker Road and Warrior Road Commercial " Page 2 • Automotive dealers • Gasoline service stations (pumps at convenience stores are allowed) • Hotels and motels • Car washes • Golf driving ranges and miniture golf courses • Batting cages • Membership organizations • Civic, Social and fraternal organizations • Funeral homes & crematoriums • Drive-in theaters Restricted Hours of Operation The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for Frederick County, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Road in the Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned shall restrict hours of operation by requiring businesses to be closed from I1:00 p.m. to 6:00 a.m. Parcels to be Rezoned B-2 The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for Frederick County, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Road in the Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned reduces the rezoning request by eliminating parcel 1 as shown on the attached plan entitled "Tasker Road & Warrior Road" dated 2/10/98 by Gilbert W. Clifford & Associates. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Drive in the Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned will pay to Frederick County for the Stephens City Fire and Rescue Company the sum of $6,545.97 at the time the first building permit is applied for and issued. RF,ZONING REQUEST PROFFER Property Identification Number 75-((A))-104,105 & 107 " rasker Road and Warrior Road Commercial " Page 3 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the Iand rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PRO TY By: Date: 9 S' Jasb Inc., James L. Bowman, Pre ident By: �-.,�� y� ;� Date: Fred L. Glaize, III STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this `4 dayof �s� ; 1998, b JG.rynCS MyCommissionexpires .3,\ Notary Public (A" to _ t'_ wLk-Q STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this S day of I998, by 5r,, v l _ C _- %-T Vim _ My Commissi n e Tires Notary Public �_ REZONING REQUEST PROFFER Property Identification Number 75-((A))-104,105 & 107 '7asker Road and Warrior Road Commercial " Page 4 ~-7 By: " Date: .514 19 Jauj7L. Bowman BY: C' Date. Frederick Development Co., Inc. Fred L. Glaize, III, Vice President STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit - The foregoing instrument was acknowledged before me this 4 day of M Cal-, 1998, by- L - �7 ow c� o� - for jasbo, trtic• My Commmission expires Notwy-Public t, t STATE OF VIRGINIA, AT LARGE FFE'DERICK COUNTY, To -wit The foregoing instrument was acknowledged before me this 5 day of fy-) CL.'— 1998, by ��e-,A_S • C� \ 0.� zr _ 1i,s �_� dr ,� r u , c "� r s C_, — for Frederick Development, Inc. My Commission expires . �, ,\,� 3 i 3 L ; Notary Public Q -' L M BOUNDARY INFORMATION SHONN HEREON IS EITHER TAKEN FROM OR BASED UPON PLATS OF RECORD IN - DEED BOOK 509 AT PACE 525. HIGHWAY PLAT BOOK 9 AT PAGES 328 THRU 337, ANO IN UNRECORDED PLAT OF SURVEY DATED MAY 14.19M BY MARSH ! LE=- PLC AND YET UNRECORDED / SUBDIVISION PLAT OF MOSSY STATION 4-SECTION B, DATED APRIL 4.1997 BY GI LBfRT W. Cc1FfORp & ASSOC ,INC. •. .ARM 1 . 1!l20f ►NlCQ 2 . - *4tn ►4K{y .1. 134M AQS SCII ►A4 . 0-300 AA ID 'Aa - I7.%X ACKS X1979 A9W9 NEput3}�p FRW �) cmuo j ` -- ... T07A1 x»» AcRS (�rr 0 CD +� 16 00 9 Red font Text = Revised Language Blue Foist e,•,�. _F&x. = Existing Language to be Eliminated REZONING REQUEST PROFFER Property Identification Numbers 75-((A))-104 & 75-A-104]E 40-5- 447 Opequon Magisterial District WHOM. dr �j f� 4 v'.ff�l )� Bowman -Shoemaker Companies, Inc. Taskelr Warrior Properties, ILILC "Tasker Road and Warrior Road Drive Commercial" 14e1immiwuv-N4-atte- s Pu-fst+ant-k>�eet-iHi�-lam.? ?��'Cl-et—see#—t�1=t-#ie-�;Hc4e-1-e#=wit-gin-i�}; I-9-5{�-pis-Ott}len�lec-#-, aI�E#-tbe �3iv',-}ric�H4-E)1-t#1( z-'r:=cis;=icy , this t il,� ��FE�FFIiI }l�{' 1k l t fi-i �4f feet- cc��E3�,c nro rrn',�=crrrrrr� rile t>}1E# t1eF#-�l{ 4it INN et# rHNet -t#1 t-in-t#�L ��r;t-t#lc r� , .•,t „r c,,,,c • ,r Fi-„t.,,•,ek C--emAl ,A LH10-n I�aN IL#3#�r eve IZ oni+�g-A#�f>4icatiHrl #AO?98 t�) t#le re7Hi}i-rlg-4 3567-74-acres ffe+r1-I�e i�#en1i�N'et#Ht+llwilec� (#�1'� Htlin �#�i�rtriet tH lie # It itless Ectle �t �rm�-<<�-?`, o�n-i-Bt,-44i4Fiet; &-V1'-kHff 1. efitm ne-A+h,j ill 6E) fH Ei4iewi se} 1' h r „Pt -to the exte+lt El tt-sti,&"etnis any# eon Elitions may be r i1amended r��i�c�#-#�l--t-#�e-�t�Pli�tr�t-ar�c�-such-be-a fy#�rc��e�1-#-iy-tie-EreE#eri c=1�C-Ht+l�ty-I-3e�r-c#--H#=:S L}tye��en-� aceHr El��rtc e-w it Ii it �i+lj a-# a��F- # n-the even t-that l}c h l Ht}i Ilg�i lest-t ' le*A e-se #�rH ffel s steal-#-#3eemec1 <Ir=a���nzti}c# e{ +1<> c�lfee�,-#��; He per: I bit e #�.„t r,,,•,• ,.t,,,tt h`=6i;1�#i;l-l;p,H+1 tlle i}f3f;�i�E✓iFnt-all(#-t#l(1t-E-ff'�`�r�' Preliminary Matters Pln'sllant 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 proffers that In the event the Board of Supervisors of Frederick Collllty, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application #002- 98 for Tax Parcel 75-A-104 (4.45± acres zoned 132, Business General District and 0.62± acres 4oned RP, Residential Performance District) and Tax Parcel 75-A-104E (15.79± acres zoned B2, Business General District) to establish 20.86± acres of' B2, Business General District and RP, Residential Performance District with revised proffers; development of the Property shall be done ill conformity with the terms and conditions set forth herein, except to the extent that such terms 0 REZONING REQUEST PROFFER Property Identification Number 75-((A))-104, 105 & 107 "Tasker Road and Warrior Road Commercial" Page 2 and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. Ill the event that S(1CII I-eZOIl1Ilg Is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be bindiIlg upon the Ownei- and any legal successors, heirs, or assigns. The Property is identified as Tax Map Parcel 75-A-104, owned by Bowman -Shoemaker Companies, Inc., recorded as Deed Book 634 Page 499 (Jasbo, Inc. Certificate of Change of Name to Bowman -Shoemaker Companies, Inc. by Instrument Number 070017367) and Tax Map Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as Instrument Number 160004426. pe�t�i�I-�lt3rt��i-��:Tt � � f�f�;et-1-►met-c� 1=I-3��Pl-lle+tt A-tt=tl=l=ic-inlj�r�et ttld3H�Kl1 be c ncEElcted-u iltb A�}=ptect� ttrceaellsite-de-vc-Wpme►tt-use prepped-�v-i�l��-n-t-Ile=F-a�lrel�I�clac4-and-WzI H-icy 1-1� end-C-elll nlerc=i-�tl-s i�a�he--t-i-Isle-e4��te-pl-a trr���et��- JHTI'O;'e ileat,� Will be C01 SH-L!Eted-b}-4h(,- idef-' ed Ci?i-regLIife`'crcy VD9T-i-e 1„tiofis !'of- the pret,; d tie H+ipaets based-ul-len--tl-te spet4fie it., e *+pw, Iktric-ted Prohibited Land Uses The ,,,-m�delS,�ed AN11107-c'r`c,`-IIS th(-'--�tllov-e-d(fir-i-baer-t}i-llerelb-y-1 e Beal-d l' e,,,,erviso - ',-,-or Fredet-IeMi4—' /+I—, H+a-iil)pfF m L-s4h b ,1'3: 67'74 . e"' , lying alo+rg-T-at<l�el-Nt�i��-i n-file--�}pee-}ttc�n-Mztg-iitel-i�1-I3i�t-riot-c�f�-[�reclet=iel�tl-n�}��ir��-i+ri�f1�►�-ICI'-te B-2, Ile-u]ldel ignec4-,��i11-re tric-t-the-uie-cl(=the llrepet�y-ley-net itllc�i��irtg-the-fells �i+r��;�t ;: The Owners proffer to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use • Automotive dealeis Dealers and Gasoline Service Stations • G a c>1 lne ,se+viee statiom- (pu+I}p+-ak (en t • Hotels and motels • Car washes • Golf driving ranges and miniature golf courses • Commercial Batting e-age-s Cages Operated Outdoors • Membership organizations • Civic, Social and I'l-aternal organizations • Funeral honks & CrenlatoriuIII S • lei-ive i tJteaters (Note: Not permitted in 132 District) • Adult Retail Uses SIC Code 55 701 7542 7999 No SIC 86 86 726 No SIC REZONING REQUEST PROFFER Property Identification Number 75-((A))-104, 105 & 107 "Tasker Road and Warrior Road Commercial" Page 2 Restricted HOLII'S of Operation �'13c�EH3c�er�igneE{��l�c�-e���n=;--t-he-�►bc-x�e--cle�;E;ribec-I-}�t�eper-t-},;}�el�et�}ti�ltll}t-a+i-l-jy-)1-c�}=1�et�E�i��t-i-l=tbe Board of SEtpel��i�c�l�l{>►-I1reElef iel: C-oElnty��is�il�iZt �tppr��es tl��rc� a►+in�= eI��E�774 aete�I}4i+tg nlem; T-asl&e"- d in lie--Opeq+en-M,ag�i•sie , I Disci - et ,r r-.,- .Iei-i , r,- _RP to 13 2, the —m=rciei-iigfie1 1 shall sti- ,., heui=`i—ol' o-p 11 , bLi9iiiesses to be ,.I., d 1•,.., The Owners proffer to restrict hours of operation for the following land uses that are permitted within the B-2, Business General District portion Of the Property by requiring the businesses to be closed to the public from 1 1:00 P1VI to 6:00 AM: Land Use SIC Cocle Eating and Drinking Places 58 Miscellaneous Repair Services 76 AMUsement and Recreational Services Operated Indoors 79 Flee t++�c}clts�}, ec1 s;c{es�li�eel-}al-epe+E}` 1}eret �;�Til-il�L}�tel [hat if- t , r21.,,.•,I f C:,,,)�r-1'-i',,'(it-s fm-BrL�e-1Ef4e,lrr u i-oves tile I'Zc 677,1 „ I.,,,(x r�cm'zrv'vir[ r'b'1Hiil-i31-iI3�z� b e►IaE�T-a�kel-l��ac1-i+�-tl�e-(-?pecle►e>n-Ail+lgi;7tel+aN�i�tt-iet-e>(=1�t�eEl�l�iel�-C-eu+}t-y; \4r��in�-�+-ft-el++-I�I�-te l3-?tl3e-u nde►�;-ig-heel-re�{tlec��he-ran i l+},�-rec}tte�t-f+-y-e l-it+� i-nn{-i rr��-}�.."„',�-1-i;�hFr��n-e►�t{+e-atFa�liet# plan e ntitl-E EI c<� 4yk—zf--})T��� zii`i=io -14MEl" Elated 7 / 1 fl/(1Q et-t W. Gli ffiai-.I P, � • - �n-,zvrircc—� r-.rro Monetary Contribution to Offset Impact of Development The 41}!-ptlo-Te.•s that ;f the I-3oa,El-el'-nupc Li1;m-s for the i- Aoning „f 35 677,, .-e: !,'iflg„1 ., r. SI„TI3ri C—its-tl}e Apee}ttm+M giste „1 n;:,,,• ,.��_Ql-rr,eRc-ie1:�County, v;.• ;, I,• ,ni RV to 13 2, t!;e-E+ndel-sibtteci�+iN 1�L13�c� Iilede�lfelt-C-ee+n�j�il-the-ste}�1�c��s -i�} l i«a��e!-12�seue �n+panj�tlie-stu���(=�6��1--5:9�tt-the-t-il��e-thc�l+rst-I+tFilc�i-n{� pea}�(�ed�t�nc�-ts-srlee!-: The Applicant hereby proffers to provide a monetary Contribution of $0.10 per developed building square foot for County Fire and Rescue Services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate Of Occupancy Permit for any primary StRICIUre C011St1'UCtCd 011 the PI'OpCI-ty. 1P 0 Greenway Engineering April 8, 1998 Tax Parcels 75-A-104 S 75-A-104E October 9, 2018 TASKER ROAD AND WARRIOR DRIVE COMMERCIAL TAX PARCELS 75-A-104 & 75-A-104E PROFFER STATEMENT REZONING: RZ# B-2, Business General District and RP, Residential Performance District with Proffers to B-2, Business General District and RP, Residential Performance District with Revised Proffers PROPERTY: Tax Parcels 75-A-104; 5.071 acres and 75-A-104E; 15.791 acres (here -in after the "Property") RECORD OWNER: Bowman -Shoemaker Companies, Inc. (Tax Parcel 75-A-104) Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: Bowman -Shoemaker Companies, Inc. and Tasker Warrior Properties, LLC (here -in after "Owners") PROJECT NAME: Tasker Road and Warrior Road Commercial Conditional Zoning Amendment ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: October 9, 2018 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq, of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application #002-98 for Tax Parcel 75-A-104 (4.451 acres zoned B2, Business General District and 0.621 acres zoned RP, Residential Performance District) and Tax Parcel 75-A- 104E (15.79i acres zoned B2, Business General District) to establish 20.861 acres of B2, Business General District and RP, Residential Performance District with revised proffers; development of the 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 be 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. Pile 114806E/EAW Greenway Engineering April 8, 1998 Tax Parcels 75-A-104 S 75-A-104E October 9, 2018 The Property is identified as Tax Map Parcel 75-A-104, owned by Bowman -Shoemaker Companies, Inc., recorded as Deed Book 634 Page 499 (Jasbo, Inc. Certificate of Change of Name to Bowman -Shoemaker Companies, Inc. by Instrument Number 070017367) and Tax Map Parcel 75-A-104B, owned by Tasker Warrior Properties, LLC, recorded as Instrument Number 160004426. PROFFER STATEMENT A. Prohibited Land Uses The Owners proffer to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use Automotive Dealers and Gasoline Service Stations Hotels and Motels Organization Hotels and Lodging Funeral Service and Crematories Car Washes Golf Driving Ranges/Miniature Golf Courses Membership Organizations Commercial Batting Cages Operated Outdoors Adult Retail Uses B. Restricted Hours of Operation SIC Code 55 701 704 726 7542 7999 86 No SIC No SIC The Owners proffer to restrict hours of operation for the following land uses that are permitted within the B-2, Business General District portion of the Property by requiring the businesses to be closed to the public from 11:00 PM to 6:00 AM: Land Use SIC Code Bating and Drinking Places 58 Miscellaneous Repair Services 76 Amusement and Recreational Services Operated Indoors 79 C, Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary Pile t/4806B/HAW 3 0 • Greenway Eriginecring April 8, 1998 October 9, 2018 Tax Parcels 75-A-104 & 75-A-1O4E contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. Owner Signature The conditions proffered above shall be binding upon the 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. Respectfully Submitted: By: k 1011-1A—� Bowm 4i . Shoemaker Companies, Inc. Date Beverley B. Shoemaker, President Commonwealth of Virginia, -Eity/County of V`CC�ec\ C\v\ To Wit: The foregoing instrument was acknowledged before me this `7 day of W&�C.0 20 \% by TINA L. SCRUGGS NOTARY PUBLIC REG. #334353 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JAN. 31, 2019 My Commission BX j C` (�C -:" o Notary Public File 1148O6B/EAW 4 Grcenway Engineering April R, 1998 Tax Parcels 75-A-104 & 75-A-104H October 9, 2018 Owner Signature The conditions proffered above shall be binding upon the 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. Respectfully Submitted: By: ;i l , (0-- 17_ IS Tasker Warrior Properties, LLC Date Beverley B. Shoemaker, Manager Commonwealth of Virginia, --C-'iiy/County of �e `�.( ti To Wit: The foregoing instrument was acknowledged before me this �1 day of OC -'�'Lc 20 W; by TINA L. SCRUGGS NOTARY PUBLIC REG. #334353 . COMMONWEALTH OF VIRG041A MY COMMISSION EXPIRES AN. 31, 2019 My Commission Expires tX� 1 C� Notary Public File i14806B/EAW 5 Red Font Teat = Revised Language rzl— 011t,}tFii ,c�rl3t' l Text = Existing LangUagc to be Eliminated REZONING REQUEST PROFFER Property Identification Numbers 75-((A))-104 & 75-A-104E 40-5-&-447 Opequon Magisterial District TT T 9 AP rf TI" T\T 1 r 9 9 9 9 Bowman -Shoemaker Companies, Inc. & Tasker Warrior Properties, ILILC "Tasker Road and Warrior a Drive Commercial" ��te�i-++�►���t-tit 'T�0—,«;;-Otme-nde , atrc! the r [lie Prec-lerie , -- )tt+yt-y- , „t;,;,, . t zolling, ,t,,, wK4ei-ig-- icd +q)pli,,an h, r!• -, 1;roffi---, th ton 4-he--4--ve"B ,•,! „r F,"ei-visors ,r Fi-ed ek Eetn-H�;�4t��i+�-i-a-�;E�tI-IMP{�t�c�le-leerenift��f�l>Huttien-lt�)02-s}�-If>+=tl�e-i-ten-i+�� ea=3�:F��7�1--aE+e:s Pony-I�e identiaN?ei=lf�t-�+�a+tec1(l�l'� ZeEtitr�� })i it�ttt Nye 13tt it�es Genet l (F3-2} <>tri�+{`�Ni tFi development � l ',� , e• i"nii cieEiHnLiiil�Ht�if�ft�}it�—„ith the � 1 eon litions set �-i7c'--.`T'ct1-'�•-'t�,c'L-I"�'I3 f-i-y-'.rl ' r^,,rnth te-theekcon tliti-ofv n+a3--be subsequently- amended et- tt�i�ced-l-��-t-�e-ttl+{+l-ieitnt-t+nd�t+el t-l+e-ttl+r>t�+veil-t-r}�-tl�e-FsteElet�iel�C--c+t+n�y-I3©n Fc-l-et�t�e�y-sew tlecet-dz+llee--t�ith�it-ginia--1-���—ln-the-event-t4+at-sEte�-�-c�t+i-ta� i�-+tit+t�EztttTefl-tl�e+rtl+ese-�t�ef=fey=s shall lae tleeE+�ed-� itl�cl+zt�� t�ztnd c+4�te-c11=1ec t ���l�ztts<t�et=l,lres„ ,rr„ ,. att he biiiding upon the ttpphea++t-Rnd4hc-i-F4cgt1 sueeessoiL+ -�t:r;it ns- Preliminary Matters PLII•SLlant 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 proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application #002- 98 for Tax Parcel 75-A- l04 (4.45± acres zoned 132, Business General District and 0.62± acres zoned RP, Residential Performance District) and Tax Parcel 75-A-104E (I 5.79± acres zoned B2, Business General District) to establish 20.86± acres of' 132, Business General District and RP, Residential Performance District with revised proffers; development ol' the Property shall be done ill Conformity with the terms and Conditions Set forth herein, except to the extent that SLICK terms REZONING REQUESTPRVLR Property Identification Number 75-((A))-104, 105 & 107 "Tacker Road and Warrior Road Commercial" Page 2 and conditions may be SIIbSCCILICIltly amended or revised by the Owner and such be 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 he deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The Property is identified as Tax Map Parcel 75-A-104, owned by Bowman -Shoemaker Companies, Inc., recorded as Deed Book 634 Page 499 (Jasbo, Inc. Certificate of Change of Name to Bowman -Shoemaker Companies, Inc. by Instrument Number 070017367) and Tax Map Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as lnstrlllllellt Number 160004426. ��}li�j „•i„�;,,,, i,,,,,r.,.rrT�r,,,i,�,-��i=1-SeN-+l�H(=-t-Erl=1�e-\�f.1lflj�+l+eH-t A proctdures {H eat1+-site de�elepnles+t use ptflpc}secl�vitllirl the=l 1{ Ite1-1 >adz>nEI-W��t ric+►�l iafl C-ell+n�e►t:z�r;4e attJ+e t+rl+e el sitfLpl�irl re��e = asas required . 11 b IV 4'4 1'0rile Trr' ffediAed tFaffie i llj>Wt'; bil4ed--upo {he-,pee-i-1]£ pi --posed. R2 —ic4ed Prohibited Land Uses The a n 1 ! , . that it Me JJ++fl cift pe �;+ti�1�; ie1«+E 1p -lying, ale ,==1 I�er Nt Fein ille Apes}{+en M+Igi lerial I3i t►+et e I ecleri�l: C-eltFnt�, \r; ;, ;^ r „m-ICI' to 43 2, lie tt+�clel +gned���i11 +eat+-iet Nye -use el=tile-l3rtlpei }�b}�lc+t-aB�lt� ing=-thc� fells}\� i+l� E+ e; The Owners proffer to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use • Automotive dealer Dealers and Gasoline Service Stations • Hotels and motels • Cal' washes • Golf driving ranges and miniature goli' courses • Commercial Batting eager Cages Operated Outdoors • Membership organizations • Civic, Social and fraternal organizations • Funeral homes & crematoriums • IT;;T;-i;;-n+i.at�� (Note: Not permitted in 132 District) • Adult Retail Uses SIC Code 55 701 7542 7999 No SIC 86 86 726 No SIC REZONING REQUEST PROVE,R Property Identification Number 7S-((A))-104, 10S & 107 "Tasker Road .Ind Warrior Road Commercial" Page 2 Restricted Hours of Operation Tl+e t+tl+l�r igllecl-���Ilc} <x��t+s il+e abc}��e cleserEHec1 l�rt�pet-h�-llelel}}�}It►+ltzli+ly-pl{}I1e+ tftz+t-ill+e Bea d ei* S-upeB, s(-}t-,,�lt)r-F-re(ler-iek-Count-)-,-V-i+gi+li-a--appr(-)A=est-lie-re-7ofyiiig�P4-.�-.(3774zicres-l}Li+}g lone T-,, Tltet I�-aa 14R4-he-Opequon M,1' r...• ,1 k County, JVi k-0 T11 RI-) to l rl'--' , rrii: ii'icrersrg-iit, •,t bUSHIesses to ii•• '•l• -l- -00-p: tN to-6-0(), -n1- The Owners proffer to restrict hours of operation for the following land uses that are permitted within the B-2, Business General District portion of the Property by requiring the businesses to be closed to the public from 1 1:00 PM to 6:00 AM: Land Use SIC Code Eating and Drinking Places 58 Miscellaneous Repair Services 76 Amusement and Recreational Services Operated Indoors 79 N+rcels to-be-R.-)ned-I33 ThS-tl+e-abev-e--Ele-set-il3ed--propeF", feel, voluntari1�� p rl., �1,.,t ;1- the B,,.,,•EI.,fC,..,e+vi�E',rrlcl=Ff-edrZS 677,1 aeres, lying, ++Iot1��FL 41�el�l�cll+cl ilrl�le Aped+ten MTlgi7ter-ial Ili ttiet f>1 I�reclerielrC-etn+t 4 gi-nfa4fflm-R1? to 43 2, tle +tlEl�ealc i �IieEl recluo �; tkle rezoning-Iec}tle�;� l+}�eli+l+inl+ti+ls pa+eel-I-as she vnen- aeliec� plaii 8+ii+i�'LiFY—TiiS{h'f={�cH$fi tic di=i=if}nc�E)$fh� Elzli�"1 2/10/98 by GilhC''-rc-W. n ss ates. Monetary Contribution to Offset Impact of Development Tl+e-+tnElersi�;nee-{���hFx-t���r+1;--t-hc�-al3c}vc�E{eseril�eE�l-\p�tf�>pel�t3�-beret>`}��1lt+ntat=il�L-prt+l�I� ��-� n;=1z«l=tile ir2io^ccizrcri is TiC'i��l4fl+�ri$f iIl(' �E)tft}t}� Hi-I1rC'EiLLri{i , "b...... ..Vi? r • the rezening l' 25 67'74 1 lnn , C"i�k-r Il • P �' i.•;•.I Il' •t.• .•t ,1' 1 1„.•;. 1. r \I' f.• T}=trig-i't�vn� i c�,,Ycc[-r7i"i'L`i.—l-'i-i-tl+C-�l � E}I- �};4t{.r[7rt-i-i.�Qc�i-rctc-�f�+tH-t� . ••�;' ICI'-te-;3 2, Nye t+ncletsi��lled�i{4-1�1131 to-I�Iecle�l-iCottllt�-fear-the��1i<C+t)-I�i} a+}ENZescile Cotr+f+anj tie st+ni e1 6-5115 97-I+t-tEie lit++e thc� Iirst f3ttikli++`� per+++ ppdecl fe+�+ncl issued, The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of IswallCe of the Certificate Of OCCupancy Pei-mit for any primary structure constructed on the Property. f REZONING REQUEST PROFFER Property Identification Numbers 75-((A))-104,105 & 107 Opequon Magisterial. District JASBO, INC., FRED L. GLAIZE, III, FREDERICK DEVELOPMENT, INC. & ,DAMES L. BOWMAN "Tacker Road and Warrior Road Commercial" Preliminary Matters Pursuant to Section 15.2 - 2296 et. seq„ of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #002-98 for the rezoning of 35.6774 acres from Residential Performance (RP) Zoning District to the Business General (B-2) Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Transportation Improvements to Offset Impact of Development A traffic impact study will be conducted using VDOT procedures for each site development use proposed within the Tasker Road and Warrior Road Commercial site at the time of site plan review. Improvements will be constructed by the undersigned as required by VDOT regulations for the predicted traffic impacts based upon the specific use proposed. Restricted Uses The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for Frederick County, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Drive in Uie Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned will restrict the use of the property by not allowing the following uses; REZONING REQUEST PROFFER Property Identification Number 754(A))-104,105 & 107 'Tasker Road and Warrior Road Commercial" Page z • Automotive dealers Gasoline service stations (pumps at convenience stores are allowed) • Hotels and motels • Car washes Golf driving ranges and miniture golf courses • Batting cages • Membership organizations • Civic, Social and fraternal organizations + Funeral homes & crematoriums • Drive-in theaters Restricted Hours of Operation The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for Frederick County, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Road in the Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned shall restrict hours of operation by requiring businesses to be closed from 11:00 p.m. to 6:00 a.m. Parcels to be Rezoned B-2 The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for Frederick County, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Road in the Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned reduces the rezoning request by eliminating parcel 1 as shown on the attached plan entitled "Tasker Road & Warrior Road" dated 2/10/98 by Gilbert W. Clifford & Associates. Monetary_ Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning of 35,6774 acres, lying along Tasker Drive in the Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned will pay to Frederick County for the Stephens City Fire and Rescue Company the sum of $6,545.97 at the time the first building permit is applied for and issued. • C� J REZONING REQUEST PROFFER Property Identification Numbers 75-((A))-104,105 & 107 Opequon Magisterial District JASBO, INC., FRED L. GLAIZE, III, FREDERICK DEVELOPMENT, INC. & JAMES L. BOWMAN "Tasker Road and Warrior Road Commercial" Preliminary Matters Pursuant to Section 15.2 - 2296 et. seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #002-98 for the rezoning of 35.6774 acres from Residential Performance (RP) Zoning District to the Business General (B-2) Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Transportation Improvements to Offset Impact of Development A traffic impact study will be conducted using VDOT procedures for each site development use proposed within the Tasker Road and Warrior Road Commercial site at the time of site plan review. Improvements will be constructed by the undersigned as required by VDOT regulations for the predicted traffic impacts based upon the specific use proposed. Restricted Uses The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for Frederick County, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Drive in the Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned will restrict the use of the property by not allowing the following uses: i i REZONING REQUEST PROFFER Property Identification Number 75-((M-104,105 & 107 "Tasker Road and Warrior Road Commercial " Page 2 • Automotive dealers • Gasoline service stations (pumps at convenience stores are allowed) • Hotels and motels • Car washes • Golf driving ranges and miniture golf courses • Batting cages • Membership organizations • Civic, Social and fraternal organizations • Funeral homes & crematoriums • Drive-in theaters Restricted Hours of Operation The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for Frederick County, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Road in the Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned shall restrict hours of operation by requiring businesses to be closed from 11:00 p.m. to 6:00 a.m. Parcels to be Rezoned B-2 The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for Frederick County, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Road in the Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned reduces the rezoning request by eliminating parcel 1 as shown on the attached plan entitled "Tasker Road & Warrior Road" dated 2/10/98 by Gilbert W. Clifford & Associates. Monetary, Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Drive in the Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned will pay to Frederick County for the Stephens City Fire and Rescue Company the sum of $6,545.97 at the time the first building permit is applied for and issued. 0 • REZONING REQUEST PROFFER Property Identification Number 75-((A))-104, 105 & 107 ' Tasker Road and Watrior Road Commercial " Page 3 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Hoard of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PRO TX By:Date: Jasb Inc., James L. Bowman, Pre Xdent By: 4�g e. ; Date:�--- Fred L. Glai.ze, III STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 4_ day of i 1'1 i� , 1998, by Cimc5 My Commission o0res 3 u\ 3 20 cC Notary IANc �, i'a _1'�a STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing imtnnnent was acknowledged before me this S day of I998, by V7-r I �_ C'n \r. � --c-V _ My Comnussi n oq res Notary Pubhic�.�— 0 • REZONING REQUEST PROFFER Property Identification Numb" 75-((A))-144,105 & 107 " rasker Road and Warrior Road Commercial " Page 4 By: Date: S 14 14 Ja L. Bowman BY G" CDate. Frederick Development Co., Inc. Fred L. Glaize, III, Vice President STATE OF VIRMIA, AT LARGE FRI;DERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 4 day of t�'1 �_ 1998, by _ ,,� q• �. c s L- . baw cam-., cL r-, for JasW, Inc, My Corrunissfon expires Not wr i�ub8c --C— ostJ�-Q i STATE OF VIRGINIA, AT LARGE FFEDERICK COUNTY, To -wit - The foregoing instrument was acknowledged before me this S day of f'-1 � 1998, bye'c1 r, "!> for Frederick Development, Inc. My Commission expires Notary Public (A"k' BOUNDARY INFORMATION SHOWN HEREON IS EITHER TAKEN FROM OR BASED UPON PLATS OF RECORD IN DEED BOOK W9 AT PAGE 525, HIGHWAY PLAT OOK 9 AT PAGES 328 THRU 337, AND IN UNRECORDED PLAT OF SLRVEY DATED MAY 14,19W BY MARSH J Q LEGGE. PLC AND YET UNRECORDED SUBDIVISION PLAT OF MOSeY STADON tl—SECTION B, DATED •, APRIL 4,1997 BY GILBIERT W. CLIFFORD 6 ASSOC.JNC. ' ;AJ t1J,SIIldtn>teT Ah- A�1� FROM ALA uc TOTAL ACM A)10ac�r (e_2)»T►,�_ I II � Y PAR t • Mike Ruddy From: Sent: To: Subject: Sent from my iPhone Begin forwarded message: Roger Thomas<rthomas.fredcogovpc@icloud.com> Wednesday, January 16, 2019 8:29 PM Mike Ruddy Fwd: Email from Frederick County Website From: webmastr@fcva.us Date: January 8, 2019 at 4:20:52 PM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Date & Time: Response #: Submitter ID: IP address: Time to complete Survey Details Page 1 Email Planning Commission Vice Chairman - Roger L. Thomas 01/08/2019 4:20 PM 46 43150 172.24.96.112 11 min. , 29 sec. Frederick County uses the form below for email communications Instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Yolanda Miller 2. Your Email yobeta57@gmail.com 3. Your Phone Number 540 508 0278 4. Subject Rezoning 1 i S. Message Roger Thomas, I am a resident of Autumn Glen and love living here. I am aware of the land adjacent to our neighborhood being considered for rezoning specifically land on corner of Warrior and Tasker. I do not want this land rezoned to permit operation, including but not limited to deliveries between 11pm and 6am. Thank you Yolanda Miller j The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management System'"'. Please do not reply directly to this email. 2 ►mil • Mike Ruddy From: Sent: To: Subject: Sent from my iPhone Begin forwarded message: Roger Thomas <rthomas.fredcogovpc@icloud.com> Wednesday, January 16, 2019 8:29 PM Mike Ruddy Fwd: Email from Frederick County Website From: webmastr@fcva.us Date: January 8, 2019 at 10:08:18 AM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Date & Time: Response #: Submitter ID: IP address: Time to complete Survey Details Page 1 Email Planning Commission Vice Chairman - Roger L. Thomas 01/08/2019 10:08 AM 45 43134 172.24.96.112 7 min., 0 sec. Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Diane Shipe 2. Your Email Prairiearth(@hotmail.com 3. Your Phone Number 5409554346 4. Subject Tasker/Warrior rejoining request. 1 S. Message Hello, I would like to reiterate requests of the neighbors that the corner of Warrior and Tasker that abutts the Autumn Glen subdivision NOT be rezoned to allow commercial activities (including deliveries) between 11pm and 6am. My property at 229 Spanish Oak Rd is the second closest to Warrior Drive; additional noise at night will not be pleasant! Thank you. Diane Shipe j The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management System"'. Please do not reply directly to this email. 2 Mike Ruddy From: Sent: To: Subject: Sent from my iPhone Begin forwarded message: Roger Thomas < rthomas.fredcogovpc@icloud.com > Wednesday, January 16, 2019 8:29 PM Mike Ruddy Fwd: Email from Frederick County Website From: webmastr@fcva.us Date: January 8, 2019 at 9:48:03 AM EST To: rthomas.fredcogovpc(a@icioud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Date & Time: Response #: Submitter ID: IP address: Time to complete: Survey Details Page 1 Email Planning Commission Vice Chairman - Roger L. Thomas 01/08/2019 9:48 AM 44 43133 172.24.96.112 23 min. , 17 sec. Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Brittany Detwiler 2. Your Email britindav4e@comcast.net 3. Your Phone Number 540-664-8271 4. Subject Tasker Rd/Warrior Dr Project (REZ 04-18) 1 • I \ U Message Good Morning Mr. Thomas, I am writing to express my concerns over rezoning of the property at Tasker Road and Warrior Drive. My yard backs the property on Warrior Drive, we are located at 223 Lynn Drive, if deliveries are made before 6am or after 11pm it will disrupt the peacefulness of neighborhood, allowing a 24 hour business will do the same. Although this neighborhood is mostly 55+ my husband and myself are well below that and our daughter, we work everyday and she goes to middle school, we are usually in bed by 9 pm, with the added noise even up to 11pm it will make things difficult. Please take this in to consideration, we did not move into Autumn Glen to be surrounded by 24 hour businesses, early morning dumpsters banging or late night deliveries. Sincerely, David & Brittany Detwiler 223 Lynn Dr. Stephens City, VA 22655 The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management System'"". Please do not reply directly to this email. 2 • • Mike Ruddy From: Sent: To: Subject: Sent from my Phone Begin forwarded message: Roger Thomas <rthomas.fredcogovpc@icloud.com> Wednesday, January 16, 2019 8:30 PM Mike Ruddy Fwd: Email from Frederick County Website From: webmastr@fcva.us Date: January 7, 2019 at 11:58:21 AM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Date & Time: Response #: Submitter ID: IP address: Time to complete Survey Details Page 1 Email Planning Commission Vice Chairman - Roger L. Thomas 01/07/2019 11:58 AM 42 43113 . 172.24.96.112 55 min. , 40 sec. Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Peggy Ramsay 2. Your Email pegRyramsay@comcast.net 3. Your Phone Number 540-869-9696 4. Subject REZ 04-18 - update 1 S. Message CAN YOU HELP US, OR AT LEAST REPLY TO THIS EMAIL? The modified proffer on REZ 04-18, dated 1-3-2019, is NOT what Greenway Engineering promised Autumn Glen. Will having one HOA rep at the Jan. 16 Planning Commission meeting change this? Currently, no establishment can operate between 11 PM and 6 AM on the land referenced by REZ 04-18.. REZ 04-18 would permit establishments to operate between 11 PM and 6 AM (with a few exceptions). This is not acceptabl to Autumn Glen. Representatives of Autumn Glen HOA (Allen Grimm and David Vincent) met with the representative of Greenway Engineering (Evan Wyatt - 662-4185). Evan agreed to modify his proffer so no operations would be permitted between 11 PM and 6 AM. Greenway provided a modified 1-3-2019 proffer, but it did not address operations of establishments. It only limited DELIVERIES, not operations. This is NOT what Greenway agreed to. Autumn Glen residents adjoining this land were not made aware of the public hearing, because the County did not require the builder, Don Arnold, to deed the "common area" land to the HOA. So Don Arnold was informed, but not the HOA. It wa therefore the fault of the county, and not the HOA, that we were not present at the public hearing on REZ 04-18. Now we are told by Candice) that "there are no more public meetings on this," and that we can have ONE HOA rep speak briefly at the beginning of the Jan. 16 meeting. Will that be enough to defeat REZ 04-18 operations clause? Candice Perkins is aware of this situation. Mark Cheran is working on Don Arnold. Can you please educate us as to our chances on limiting operation for ALL establishments? Thank you. Peggy Ramsay 869-9696 The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management System"'. Please do not reply directly to this email. 2 E 0 Mike Ruddy From: Sent: To: Subject: Sent from my iPhone Begin forwarded message: Roger Thomas <rthomas.fredcogovpc@icloud.com> Wednesday, January 16, 2019 8:30 PM Mike Ruddy Fwd: Email from Frederick County Website From: webmastr@fcva.us Date: January 2, 2019 at 11:11:07 AM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Date & Time: Response #: Submitter ID: IP address: Time to complete Survey Details Page 1 Email Planning Commission Vice Chairman - Roger L. Thomas 01/02/2019 11:11 AM 39 43040 172.24.96.112 17 min. , 50 sec. Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Peggy Ramsay 2. Your Email peggyramsay@comcast.net 3. Your Phone Number 540-869-9696 4. Subject REZ 04-18 1 5. Message Autumn Glen HOA is requesting that the hours of operation NOT be changed to 24/7. Our representative, Allen Grimm of Coventry, met with Evan Wyatt of Greenway Engineering on Dec. 12 to express these concerns. Apparently, Evan assured Allen that they would not continue requesting that the stores remain open 24/7. Has Greenway notified you of this meeting and of the change to the request? When is the next public meeting where we can attend and voice our concerns? Is it Wed., Jan. 16? Peggy Ramsay 869-9696 The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication i relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be i subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. i Thank you, Frederick County This is an automated message generated by the Vision Content Management SystemTM. Please do not reply directly to this email. 2 Mike Ruddy From: Roger Thomas <rthomas.fredcogovpc@icloud.com> Sent: Wednesday, January 16, 2019 8:30 PM To: Mike Ruddy Subject: Fwd: Email from Frederick County Website Sent from my iPhone Begin forwarded message: From: webmastr@fcva.us Date: January 1, 2019 at 4:41:38 PM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Email Planning Commission Vice Chairman - Roger L. Thomas Date & Time: 01/01/2019 4:41 PM Response #: 38 Submitter ID: 43033 IP address: 172.24.96.112 Time to complete: 18 min. , 16 sec. Survey Details Page 1 Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name John Clawson 2. Your Email divotmaker 99(cDvahoo.com 3. Your Phone Number 5403366080 4. Subject Re -zoning - Tasker & Warrior 1 0 5. Message Mr. Thomas, I am a resident of the Autumn Glen community and have been since 2002. My residence is on Lynn Dr, and faces the corne, property that is under a rezoning request to permit 24 hour a day business operations. Since this proposed development is directly connected to a senior residential community, I feel it would be a great detriment to current and future residents of Autumn Glen, if the 24 hour a day business operations permit is granted. I believe the current zoning and operations restrictions is in the best interest of my community and Frederick County. by permitting 24 hour a day businesses to operate, this I believe will reduce the property values of mine and other Autumn Glen properties. Our properties are a mor reliable source of tax revenues for the county than the proposed businesses. I moved into the Autumn Glen community in 2002, and was one of the early residents. I watched the property in question go from a small woods, to a bulldozed, stripped clean lot, to a dump for the overburden of the Musket Ridge, and Camp at Mosbey developments. That should not have been allowed. But it happened and now this proposal will put downward pressure on property values. If the proposed developer submits that there is a 24 hour business operation on the opposite corner (The Exxon HandyMart), that is true. But that operation is physically separated from Musket Ridge by waterways„ a treeline, much more distance, and is the only business operating in such a manner. There lights are lower to the ground, and they take car to bring in there stocking trucks during normal business hours. I am not convinced the new developer would take those precautions, and the property in question is directly adjoining Autmumn Glen with no waterways, no distance separation, and no road separation I am respectfully asking that the planning board not approve a change in the zoning permit to allow 24 hour business operations. John Clawson The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management System'"'. Please do not reply directly to this email. 2 • Mike Ruddy From: Roger Thornas <rthomas.fredcogovpc@icloud.com> Sent: Wednesday, January 16, 2019 8:29 PM To: Mike Ruddy Subject: Fwd: Email from Frederick County Website Sent from my iPhone Begin forwarded message: From: webmastr@fcva.us Date: January 9, 2019 at 6:50:25 PM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Email Planning Commission Vice Chairman - Roger L. Thomas Date & Time: 01/09/2019 6:50 PM Response #: 47 Submitter ID: 43172 IP address: 172.24.96.112 Time to complete: 7 min., 4 sec. Survey Details Page 1 Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Mark and Nancy Gunderman 2. Your Email 1gunderman2001@aol.com 3. Your Phone Number 703-424-3953 4. Subject Tasker Rd/Warrior Dr Project (REZ 04-18) 1 5. Message My wife Nancy and I do not want this land rezoned to permit any operation, including but not limited to deliveries, betwee the hours of 11 PM and 6 AM. Dear Autumn Glen Homeowner, We are residents of Autumn Glen and cannot attend the upcoming Planning Commission Meeting where they will discuss the Tasker Rd/Warrior Dr Project (REZ 04-18) at 7pm on Wednesday, January 16th. The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management SysternTM. Please do not reply directly to this email. 2 ICJ 0 Mike Ruddy From: Sent: To: Subject: Sent from my Phone Begin forwarded message: Roger Thomas <rthomas.fredcogovpc@icloud.com> Wednesday, January 16, 2019 8:27 PM Mike Ruddy Fwd: Email from Frederick County Website From: webmastr@fcva.us Date: January 14, 2019 at 6:55:55 PM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Date & Time: Response #: Submitter ID: IP address: Time to complete: Survey Details Page 1 Email Planning Commission Vice Chairman - Roger L. Thomas 01/14/2019 6:55 PM 51 43234 172.24.96.112 9 min. , 18 sec. Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Joan Callahan 2. Your Email ioankcallahan@Rmail.com 3. Your Phone Number 5408688445 4. Subject Warrior/Tasker Development 1 5. Message Mr. Thomas, As a resident of Autumn Glen, I have many concerns about the development of this land. There seems to be a great deal of confusion regarding whether the property has been sold, what buildings may go in, what restrictions can be applied to the building, and who owns the perimeter closest to Autumn Glen I hope that you can respond to me with some concrete information. I plan to come to the meeting on Wednesday. Thank you, Joan Callahan The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management SystemTM. Please do not reply directly to this email. 2 0 Mike Ruddy From: Sent: To: Subject: Sent from my iPhone Begin forwarded message: Roger Thomas <rthomas.fredcogovpc@icloud.com> Wednesday, January 16, 2019 8:28 PM Mike Ruddy Fwd: Email from Frederick County Website From: webmastr@fcva.us Date: January 14, 2019 at 5:44:19 PM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Date & Time: Response #: Submitter ID: IP address: Time to complete Survey Details Page 1 Email Planning Commission Vice Chairman - Roger L. Thomas 01/14/2019 5:44 PM 50 43233 172.24.96.112 3 min. , 18 sec. Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Phyllis & Garth Ganow 2. Your Email Pganow42@gmail.com 3. Your Phone Number 540-869-2623 4. Subject REZ 04-18 Tasker Rd/Warrior Dr 1 0 • 5. Message To: Frederick County Planning Commission Subject: REZ 04-18 Tasker Road/Warrior Drive My husband and I live at 226 Lynn Drive in the Autumn Glen subdivision bordering the Tasker Road/Warrior Drive development. We do not want this new development rezoned to permit any operation, including deliveries (tractor trailers and trash pickup between the hours of 11 PM and 6 AM. • This new development is in the backyard of multiple homeowners in our subdivision. • Approximately 90 percent of our homeowners in Autumn Glen are retired. This is a very peaceful and desirable community. • The rezoning could affect the value of all the properties in Autumn Glen. Additional concerns: The Autumn Woods LLC common area adjoining the new development should have been transferred over to Autumn Glen years ago. Per Candice Perkins, the county is working with the owner, Don Arnold, to transfer ownership of the common area to Autumn Glen. Autumn Glen's property manager, Allen Grimm, and our HOA Treasure, David Vincent, met with Evan Wyatt of Greenway Engineering to discuss the rezoning application and Autumn Glen's concerns with the following future site development items: • Ensure lighting is shielded & directed downward to prevent lighting glare & spill over onto adjoining Autumn Glen properties. • Buffer distance, barrier and trees between our homeowners and the commercial property. • Ensure storm water does not back up, dam up or flood adjoining properties. I Please understand how the rezoning of the Tasker Road/Warrior Drive development can affect our community Sincerely, Phyllis and Garth Ganow 226 Lynn Drive, Autumn Glen Subdivision Stephens City, VA 22655 The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management System'"'. Please do not reply directly to this email. • • Mike Ruddy From: Sent: To: Subject: Sent from my iPhone Begin forwarded message: Roger Thomas <rthomas.fredcogovpc@icloud.com> Wednesday, January 16, 2019 8:28 PM Mike Ruddy Fwd: Email from Frederick County Website From: webmastr@fcva.us Date: January 13, 2019 at 1:46:56 PM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Date & Time: Response #: Submitter ID: IP address: Time to complete: Survey Details Page 1 Email Planning Commission Vice Chairman - Roger L. Thomas 01/13/2019 1:46 PM 49 43204 172.24.96.112 7 min. , 58 sec. Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Mary & Herb Sturm 2. Your Email himcsturm@gmail.com 3. Your Phone Number 5408691812 4. Subject Rezoning Application #04-18 1 5. Message Roger L. Thomas, First of all, thank you for tabling Rezoning Application #04-18. We are asking you to deny this rezoning application. This property was previous zoned for commercial use based on its proximity to residential areas. This has not changed since the original zoning. Therefore, we are requesting that the property zoning remains as is. Thank you for your consideration in this matter. Herb and Mary Sturm 306 Lynn Drive The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management System"". Please do not reply directly to this email. 2 ►._J � J Mike Ruddy From: Sent: To: Subject: Sent from my iPhone Begin forwarded message: Roger Thornas <rthomas.fredcogovpc@icloud.com> Wednesday, January 16, 2019 8:28 PM Mike Ruddy Fwd: Email frorn Frederick County Website From: webmastr@fcva.us Date: January 13, 2019 at 11:59:56 AM EST To: rthomas.fredcoRovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Date & Time: Response #: Submitter ID: IP address: Time to complete: Survey Details Page 1 Email Planning Commission Vice Chairman - Roger L. Thomas 01/13/2019 11:59 AM 48 43202 172.24.96.112 17 min. , 13 sec. Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Suzanne Grubb 2. Your Email ssPrubb@hotmail.com 3. Your Phone Number 540-508-0089 4. Subject Tasker Rd/Warrior Dr Project 1 ­ __ . . - 0 ­ . . .. I __6 - __ S. Message My husband and I reside in Autumn Village. We are very concerned regarding the possible rezoning of this area which coul allow deliveries between 11PM - 6AM, as the noise and lights are the greatest concern. We hope the restricted time frame remains. We do not want the land in question to be rezoned to permit any operation, including but not limited to deliverie between the hours of 11 PM and 6 AM. Thank you The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or i employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management SystemM. Please do not reply directly to this email. 2 FND%W197, 151 Windy Hill Lane GREENWAY Winchester, VA 22602 ENGINEERING October 9, 2018 Frederick County Planning Department Attn: Candice Perkins, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Tasker Road and Warrior Drive Commercial Properties Rezoning — Comment Response Letter Dear Candice: The following information is provided In response to the review agency comments received (torn the County Attorney Office and the Planning Department specific to the referenced rezoning. Please note the following: County Attorney Comment 9-18-18 Comment: The proposed application, the proposed proffer statement, and the accompanying materials all suggest that the entirety oi' both parcels involved is zoned B2, but the County's GIS mapping shows that a portion of Tax Parcel 75-A-104 is zoned RP. Assuming that the portion is still zoned RP, then the application and proffer statement would need to reflect that the rezoning is from RP and B2 with proffers to B2 with revised proffers. Response: It is agreed that Tax Parcel 75-A-104 is a split -zoned parcel and our research indicates that the 5.07± acre subject parcel is comprised of 4.45± acres of B2 District and 0.62± acres of RP District area. Greenway Engineering has revised the Rezoning Application information and the Rezoning Proffer Statement to address this comment. Planning and Development Comment 9-20-18 Comm..ent #1: Provide a redline copy of the proffers that show the original text and proposed changes. Comment #1 Response: Greenway Engineering has prepared a document that provides for the Rezoning Application #002-98 Proffer Statement language that includes Red Font Text for the proposed changes and Blue Font Strike-Thru Text that identifies the language that is proposed to be eliminated. A copy of the Rezoning Application #002-98 Proffer Statement and the Redline Copy of the Proffer Statement is included as an attachment to this letter. Comm-ent #2: The 2035 Comprehensive Plan identifies these properties with a commercial land use designation. The current zoning of the properties is consistent with the Comprehensive Plan. r?ngill ecrs Surveyors Planners Environmental Scientists Laboratory Telephone 540-662-4185 1'ax 5,10-722-9528 www.gWenwayeng.com Project 116307/1?AW IND%kjV',,, 151 Windy Hill Lane GREENWAY Winchester, va 22602 BNGINGBRING Comment #2 Response: Agreed Comment #3: Warrior Road Should be changes to Warrior Drive. Comment #3 Response: The Rezoning Application information and the Rezoning Proffer Statement have been revised to change Warrior Road to Warrior Drive. Comment #4: The fee for this application would be $1,000.00 (proffer amendment). Conun.ent #4 Response: A $1,000.00 application fee will be submitted for the final Rezoning Application information. Please review the attached information and advise me if the comments identified in this letter have been addressed so we can proceed with formal filing in Order to process this regUest for consideration by the Planning Commission and Board Of Supervisors. Sincerely, Evan Wyatt, Director of Land Planning Greenway Engineering Cc: Rod Williams, Frederick County Attorney Beverley B. Shoemaker, Bowman -Shoemaker Companies, Illc. & Tasker-Warrior Properties, LLC Attachments Lngineers Surveyors Planners Environmental Scientists Laboratory Telephone 540-662-4185 F'ax 540-722-9528 www.gNenwayeng.com Project t/6307/1?AW Evan Wyatt From: Candice Perkins <cperkins@fcva.us> Sent: Monday, October 15, 2018 12:11 PM To: Evan Wyatt Subject: Tasker/Warrior 1?van, I have reviewed the revised package and have no further comments. YOU can submit the signed proffers and the application fee. Thanks, Candice Candice Perkins, AlCP, CZA Assistant Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 Phone: (540) 665-5651 Fax: (540) 665-6395 1?-mail: cnerkins a,fcva.us www. fcva.us "We do make a difference - one way or the other. We are responsible for the impact of our lives. Whatever we do with whatever we have, we leaVC behind us a legacy for those who follow." - Steplien Covey Evan Wyatt From: Rod Williams <rwillia@fcva.us> Sent: Tuesday, October 16, 2018 8:15 AM To: Evan Wyatt Cc: Candice Perkins Subject: RE: Tasker-Warrior proffer amendment Evan, I have reviewed the revised version of this item, dated October 9, 2018, and the materials have addressed my previous comment, noted below. Thank you. I:NTI From: Rod Williams Sent: Tuesday, September 18, 2018 2:00 PM To: Evan Wyatt <ewyatt@greenwayeng.com> Cc: Candice Perkins <cperkins@fcva.us> Subject: Tasker-Warrior proffer amendment Evan, You have submitted to Frederick County for review a proposed proffer statement, for a contemplated proffer condition amendment rezoning of Tax Parcels 75-A-104 and 75-A-104E. I have now reviewed the proposed proffer statement and it is my opinion that the proposed 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 comment: The proposed application, the proposed proffer statement, and the accompanying materials all suggest that the entirety of both parcels involved is zoned B2, but the County's GIS mapping shows that a portion of Tax Parcel 75-A-104 is zoned RP. I am attaching a copy of the relevant part of the GIS map. Specifically, I direct your attention to the western leg of the parcel, fronting Tasker Road. You will likely want to check with County staff on this. Assuming that the portion is still zoned RP, then the application and the proffer statement would need to reflect that the rezoning is from RP and B2 with proffers to B2 with revised proffers. 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 review will be done by staff and the Planning Commission. :IS Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia@fcva.us • 9 Evan Wyatt From: Rod Williams <rwillia@fcva.us> Sent: Tuesday, September 18, 2018 2:00 PM To: Evan Wyatt Cc: Candice Perkins Subject: Tasker-Warrior proffer amendment Attachments: Tasker-Warrior GIS.pdf Evan, You have submitted to Frederick County for review a proposed proffer statement, for a contemplated proffer condition amendment rezoning of Tax Parcels 75-A-104 and 75-A-104E. I have now reviewed the proposed proffer statement and it is my opinion that the proposed 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 comment: The proposed application, the proposed proffer statement, and the accompanying materials all suggest that the entirety of both parcels involved is zoned B2, but the County's GIS mapping shows that a portion of Tax Parcel 75-A-104 is zoned RP. I am attaching a copy of the relevant part of the GIS map. Specifically, I direct your attention to the western leg of the parcel, fronting Tasker Road. You will likely want to check with County staff on this. Assuming that the portion is still zoned RP, then the application and the proffer statement would need to reflect that the rezoning is from RP and B2 with proffers to B2 with revised proffers. 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 review will be done by staff and the Planning Commission. -.. Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia@fcva.us • 111emoruitdum To: Frederick County Board of Supervisors • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 From: Mark R. Cheran, Zoning and Subdivision Administrator Date: February 11, 2019 RE: Autumn Glen Subdivision — Sections 2, 5 and 6 The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Spanish Oak Road, State Route Number 1477 0.17 miles Spanish Oak Road, State Route Number 1477 0.05 miles Sadi Court, State Route Number 1617 0.13 miles Sarvis Court, State Route Number 1616 0.06 miles Sarvis Court, State Route Number 1616 0.06 miles Staff is available to answer any questions. MRC/dlw 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 • RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 13th day of February, adopted the following: WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of frcderick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on .Lune 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer Ior the Virginia Department of Transportation. Charles S. DcI-Iaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthy Robert W. Wells Blaine P. Dunn Shannon G. Trout Judith McCallll-Slaughter A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes. t101-1 • 0 III the County of Frederick ------------------------------------------------------------------------------------------------------------ By resolution of• the governing body adopted February 13, 2019 The following MOT Form AM-4.3 is hereby allached and incorporated as part of the governing bod}''s resolution for changes in the secondaiysyslem of stale high ) -vat's. A Cohy Tostee Signed (County Official): Report of Changes in the Secondary System of State Highways Proiect/Subdivision Autumn Glen, Sections 2, 5, 6 Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.2-705 Street Name and/or Route Number ♦ Spanish Oak Road, State Route Number 1477 Old Route Number: 0 -------------------------------------------- • From: Route 642, Tasker Road To: Route 1616, Sarvis Court, a distance of: 0.17 miles. Recordation Reference: Instrument 11020006601 Right of Way width (feet) = 50' Street Name and/or Route Number ♦ Spanish Oak Road, State Route Number 1477 Old Route Number: 0 -------------------------------------------- • From: Route 1616, Sarvis Court To: Route 1475, Lynn Drive, a distance of: 0.05 miles. Recordation Reference: Instrument 11020006601 Right of Way width (feet) = 50' Street Name and/or Route Number ♦ Sadi Court, State Route Number 1617 Old Route Number: 0 -------------------------------------------- • From: Route 1616, Sarvis Court To: cul-de-sac, a distance of: 0.13 miles. Recordation Reference: Instrument t/060010259,120010455,150001201 Right of Way width (feel) = 46' VD0I Fonn AM-4.3 (4200007) Maintenance Division Date of'Resolution: February 13, 2019 Page I of 2 • Street Name and/or Route Number ♦ Sarvis Court, State Route Number 1616 Old Route Number: 0 -------------------------------------------- • From: Route 1617, Sadi Court To: cul-de-sac, a distance of: 0.06 miles. Recordation Reference: Instrument #060010259,120010455,150001201 Right of Way width (feel) = 46' Street Name and/or Route Number ♦ Sarvis Court, State Route Number 1616 Old Route Number: 0 -------------------------------------------- • From: Route 1477, Spanish Oak Road To: Route 1617, Sadi Court, a distance of: 0.06 miles. Recordation Reference: Instrument 11060010259,120010455,150001201 Right of Way width (feel) = 46' VDD r Form AM-43 (4/20/2007) Maintenatwe Division Datc of Resolution: Pagc 2 of' 2 Evan Wyatt From: Rod Williams <rwillia@fcva.us> Sent: Tuesday, September 18, 2018 2:00 PM To: Evan Wyatt Cc: Candice Perkins Subject: Tasker-Warrior proffer amendment Attachments: Tasker-Warrior GIS.pdf Evan, You have submitted to Frederick County for review a proposed proffer statement, for a contemplated proffer condition amendment rezoning of Tax Parcels 75-A-104 and 75-A-104E. I have now reviewed the proposed proffer statement and it is my opinion that the proposed 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 comment: The proposed application, the proposed proffer statement, and the accompanying materials all suggest that the entirety of both parcels involved is zoned B2, but the County's GIS mapping shows that a portion of Tax Parcel 75-A-104 is zoned RP. I am attaching a copy of the relevant part of the GIS map. Specifically, I direct your attention to the western leg of the parcel, fronting Tasker Road. You will likely want to check with County staff on this. Assuming that the portion is still zoned RP, then the application and the proffer statement would need to reflect that the rezoning is from RP and B2 with proffers to B2 with revised proffers. 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 review will be done by staff and the Planning Commission. '.• Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia@fcva.us If 0 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 September 20, 2018 Mr. Evan Wyatt Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for Taslcer Road and Warrior Road Commercial Properties Property Identification Numbers (PINS): 75-A-104 and 75-A-104E Dear Evan: I have had the opportunity to review the draft rezoning application for Tasker Road and Warrior Road Commercial Properties. This application seeks to revise the proffers from Rezoning ##02-98 for 20.86 acres of land. This review is generally based upon the proffer statement dated on August 17, 2018. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Redline Proffers. Provide a redline copy of the proffers that show the original text and proposed changes. 2. Southern Frederick Area, PfUn'i't,The 2035 Comprehensive Plan and the Southern Frederick Area Plan provide guidance on'llie fuliu-c development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies these properties with a commercial land use designation. The current zoning of the properties is consistent with the Comprehensive Plan. 3. Proieet Name. Warrior Road should be changed to Warrior Drive. 4. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $1,000 (proffer amendment). All of the above 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, CZAS Assistant Director CEP/pd R ED E I V E D SEP 2 4 2-018 GREENWAY ENGINEERING 1.51 Windy Hill l.anc - -I- Winchester, Virginia 226020CT 1 0 2018 GREENWAY TRANSMITTAL ENc;INEERING Project Name: Tasker Road & Warrior Drive Commercial Properties Rezoning File No: 4806B Date: Wed, Oct 10, 2018 To: FC Planninp, From: Evan Wyatt Attn: Candice Perkins GREENWAY ENGINEERING Copied Rod Williams Phone: 540-662-4185 Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail p Courier ❑ Pick Up ❑ Other ❑ Urgent J Fur Yom- kcvicw As You Requested 0 Please Comment Message Hi Candice, Please find attached the revised information for the Tasker-Warrior Commercial Properties Rezoning that addresses the comments received from Rod Williams and you. Please provide me with your comments specific to this information at your earliest possible convenience. Thanks, Evan; Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: 0 40 t* ,,,N10197, 151 Windy Hill Lane GREENWAY Winchester, VA 22602 ENGINEERING October 9, 2018 Frederick County Planning Department Attn: Candice Perkins, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Tasker Road and Warrior Drive Commercial Properties Rezoning — Comment Response Letter Dear Candice: The following information is provided in response to the review agency comments received from the County Attorney Office and the Planning Department specific to the referenced rezoning. Please note the following: County Attorney Comment 9-18-18 Comment: The proposed application, the proposed proffer statement, and the accompanying materials all suggest that the entirety of both parcels involved is zoned B2, but the County's GIS mapping shows that a portion of Tax Parcel 75-A-104 is zoned RP. Assuming that the portion is still zoned RP, then the application and proffer statement would need to reflect that the rezoning is from RP and B2 with proffers to B2 with revised proffers. Response: It is agreed that Tax Parcel 75-A-104 is a split -zoned parcel and our research indicates that the 5.07± acre subject parcel is comprised of 4.45± acres of B2 District and 0.62± acres of RP District area. Greenway Engineering has revised the Rezoning Application information and the Rezoning Proffer Statement to address this comment. Planning and Development Comment 9-20-18 Comment #1: Provide a redline copy of the proffers that show the original text and proposed changes. Comment #1 Response: Greenway Engineering has prepared a document that provides for the Rezoning Application #002-98 Proffer Statement Ianguage that includes Red Font Text for the proposed changes and Blue Font Strike-Thru Text that identifies the language that is proposed to be eliminated. A copy of the Rezoning Application #002-98 Proffer Statement and the Redline Copy of the Proffer Statement is included as an attachment to this letter. Comment #2: The 2035 Comprehensive Plan identifies these properties with a commercial land use designation. The current zoning of the properties is consistent with the Comprehensive Plan. Engineers Surveyors Planners Environmental Scientists Laboratory Telephone 540-662-4185 Fax 540-722-9528 www.greenwnyeng.com Project P6307/L'AW 0 E 151 Windy Hill Lane GREENWAY Winchester, VA 22602 ENGINEERING Comment #2 Response: Agreed Comment #3: Warrior Road should be changes to Warrior Drive. Comment #3 Response: The Rezoning Application information and the Rezoning Proffer Statement have been revised to change Warrior Road to Warrior Drive. Comment #4: The fee for this application would be $1,000.00 (proffer amendment). Comment #4 Response: A $1,000.00 application fee will be submitted for the final Rezoning Application information. Please review the attached information and advise me if the comments identified in this letter have been addressed so we can proceed with formal filing in order to process this request for consideration by the Planning Commission and Board of Supervisors. Sincerely, W 1 Evan Wyatt, Director of Land Planning Greenway Engineering Cc: Rod Williams, Frederick County Attorney Beverley B. Shoemaker, Bowman -Shoemaker Companies, Inc. & Tasker-Warrior Properties, LLC Attachments Engineers Surveyors Planners Environmental Scientists Laboratory Telephone .540-662-4185 Fax 540-722-9528 www.greenwayeng.com Project #6307, /LAW • 0 September 20, 201 S Mr. Evan Wyatt Greenway Eaiginccring, Inc. 151 Windy Hill Lane Winchester, Virginia 22602 COUNTY of FREDERICK Department ol'Planning and Development 540/ 665-5651 Fax: 540/665-6395 RE: Proposed Rezoning for'I'aslcer IZoad and Warrior Road Commercial Properties Property Identification Numbers (I'INs): 75-A-104 and 75-A-104E Dear l van: I have had the opportunity to review the draft rezoning application for Tasker Road and Warrior IZoad Commercial Properties. This application seeks to revise the proffers from Rezoning r02-98 for 20.56 acres of land. This review is generally based upon the proflcr statement dated on August 17, 201 S. Prior to ('on-mal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part ol'the submission. 1. Redline Proffers. Provide a redline copy of the proffers that show the original text and proposed changes. 2. Southern Frederick Arca Plan. The 2035 Comprehensive Plan and the Southern Frederick Area Plan provide guidance on the future development ol'the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies these properties with a commercial land use designation. The current -zoning ol'the properties is consistent with the Comprehensive Plan. 3. Protect Name. Warrior Road should be changed to Warrior Drive. 4. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning Ice for this application would be S1,000 (proffer amendment). All of the above comments should he appropriately addressed beibre Staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZAS Assistant Director CEP/pd REE1VED 5EP 2 4 2018 GREENWAY ENGINEl ERiNG Untitled Page httpsWtaxes.co.freck.va.us/applications/TR_payTaxes/REE)etail... Frederick County V1I-L_';1I11',-1 LIFE,,ir_77YE7-or Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Deal Estate Ticket Detail Previous 2018 REAL ESTATE DeptTricketil RE2018 / 36730001 frequency 1 Supplement# 0 Name BOWMAN -SHOEMAKER Mapit 75 A 104 Account# 8024165 Narne 2 COMPANIES INC Bill Date 03/16/2018 Acreage 5.080 Address PO BOX 480 Due Date 06/05/2018 Improvements S0.00 STEPHENS CITY VA Desc 5.08 ACRES Land Value S1,024,700.00 Land Use S0.00 Zip 22655 480 Minerals $0.00 Penalty Paid S0.00 Interest Paid S0.00 Last Transaction Date 05/24/2018 Current Payment Slahts Original Bill Payments Principal Balance Due Penally Inleresl Balance Due $3,125.34 ($3,125.34) $0.00 S0.00 $0.00 $0.00 Transaction History Date '1},pe 'fransactionll Amount Balance 3/16/2018 Charge 0 $3,125.34 53,125.34 5/23/2018 Principal Paid 863 (•33,I25.3-1) $0.00 Previous of 1 omonle ?.i(,P /i Untitled Page • https://taxes.co.fr4ck.va.us/applications/TR_payTaxes/REDetail... Frederick County Vi('�7,l(1I l LtjE_ir77iETu Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Previous 2018 REAL ESTATE Dept/Ticketii RE2018 / 388910001 frequency 1 Supplementit 0 Name TASKER WARRIOR PROPERTIES LLC Mapli 75 A 104E Account# 8038499 Name 2 Dill Date 03/16/2018 Acreage 15.790 Address PO BOX 480 Due DatC 06/05/2018 Improvements S0.00 STEPHENS CITY VA Desc 15.79 ACRES Land Vallle S2,008,400.00 Land Use So.00 Zip 22655 480 Miner )s So.00 Penalty Paid $0.00 Interest Paid So.00 last Transaction Date 07/25/2018 Currenl Payment Slates Original Bill Payments Principal Balance Due Penally Interest Balance Due $6,125.62 ($6,125.62) S0.00 S0.00 $0.00 S0.00 Transaction History Dale 'IYansnclionil Amount Balance 3/16/2018 Charge 0 $6.125.62 $6,125.62 7/24/2018 Principal Paid 37413 ($6,125.62) $0.00 Previous of 1 a/I I/901R ')•IR DNJ o' i� 06 tn a 0 o b +� G7 xp' O F3 Ln o, o 'J 0 y w o 0 U 'U u: o Michael L. Bryan VSB #15737 116 S. Braddock St. Winchester, VA 160004426 THIS DEED, made and dated this IV' day of May, 2016, by and between BOWMAN -SHOEMAKER COWT ANIES INC (formerly known as JASBO. INC,), a Virginia corporation, party of the first part, hereinafter called the Grantor, and TASKER WARRIOR PROPERTIES, LLC, a Virginia limited liability company, party of the second part, hereinafter called the Grantee. NOW, THE, WITNESSETH: That for and in consideration of the premises and the sum of Ten Dollars ($10.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey, with special warranty of title, unto the Grantee, in fee simple, the following described property, to -wit: All that certain tract or parcel of land, together with all improvements thereon and all rights, rights of way and appurtenances thereunto belonging, lying and being situate in Opcquon Magisterial District, Frederick County, Virginia, containing 15.7905 acres, more or less, situate at the intersection of Taskcr Road (State Route 642) and Warrior Drive, being the remainder of that certain parcel of land containing 17.5836 acres, more or less, and being more particularly described by that certain plat titled "Boundary Survey of the Land of Bowman Shoemaker Companies, Inc. (Tax Parcel 75-A-104E)" dated May 12, 2016, drawn by Ernest S. IIolzworth, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full And being a portion of the lands acquired by Jasbo, Inc. by Deed dated December 16, 1986 o,f record in the Clerk's Office of the Circuit Court of Fredcrick County, Virginia in Deed Book 634, at Page 499. Subsequent thereto, Jasbo, Inc. changed its corporate name to Bowman -Shoemaker Companies, Inc., as referenced in that certain Certificate of Change of Name of record in the aforesaid Clerk's Office as Jnstrument No, 070017367. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property conveyed hereby. Tax Map No. 75-A-104E This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have orlapsed. T L� Q O r-. Cn WITNESS the following signature and seal: BOWMAN -SHOEMAKER COMPANIES, INC. BY: (SEAL) Beverley B. hoemaker, President STATE OF VIRGINIA, AT LARGE, City of Winchester, to -wit: The foregoing instrument was acknowledged before me, a Notary Public in and for the State and Jurisdiction aforesaid, this I9Iay of May, 2016 by Beverley B. Shoemaker, President of Bowman -Shoemaker Companies, Inc, My Commission expires: -I 13, 118 . /� nn n THIS INSTRUMENT PREPARED BY: Michael L. Bryan, Esquire Bryan & Coleman, P.L.C. 116 South Braddock Street Winchester, Virginia 22601 ►aaP= a)a.d.%o%=M-Sho"uker to Tuka Warrior 5A 7A 6 Michael L Bryan VSB #15737 116 S. Braddock St Winchester, VA %0%Ill t l#I,, I ` NOTARY 2 pueuc REG. #138448 ci myc&AIASSION oy D PIRFS SRZ = 0 T.M. 75—A-104E SURVEYOR'S CERTIFICATE VICINITY MAP 1" = 1000' PARENT TAX PARCEL IDENTIFICATION 15.7905 ACRES ZONE.- B2 USE.- VACANT I HEREBY CERTIFY THAT THE LAND DEUNEATED BY THIS BOUNDARY SURVEY PLAT IS PART OF THE LAND CONVEYED TO BOWMAN —SHOEMAKER COMPANIES, INC. (AS SUCCESSOR TO JASBO, INC.) BY DEED DATED DECEMBER 16, 1986 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OMCE IN DEED BOOK 6J4 PAGE 499. J'J/Z Zo/6 ERNEST S. TCZWORTH, LS. DATE BOUNDARY SURREY OF THE LAND OF AI,TH 0�, BONUO SHOEMAKER COWAWS,, mrc. r (TAX PARCEL. 75-A-7f04E) APE7Jil10N D1S7RICT, FREDERICK COUNTY, RRGINX ERIEST S. � LIC. o. 1837 SCALE: NIA [-DATE. MAY 12, 2016 GREENWAYENGINEERING, 1NC. 151 Windy Hill Lane rxn ,�, Winchester, Vjinia 22602 SURF TeMplhone: (540) 662-4185 GREE AY F.4X.• (540) 722-9528 4B06B SHEET' 1 OF 4. ENGINEERING wmv greenwayeng.coin 50 16-05 NOTES 1. TITLE TO THE PROPERTY SHOWN HEREON IS VESTED IN BOWMAN —SHOEMAKER COMPANIES, INC, (AS SUCCESSOR TO JASBO, INC,) BY DEED DATED DECEMBER 16, 1986 1N' DEED BOOK 634 PAGE 499 OF THE FREDERICK COUNTY, WRGIN14 LAND RECORDS. 2. THE PROPERTY IS IDENTIFIED AS FREDERICK COUNTY TAX PARCEL 75 A-104E AND IS ZONED B2. 3. THE BOUNDARY INFORMATION SHOWN HEREON IS FUSED ON A CURRENT F7ELD SURVEY BY THIS FIRM. 4. ALL PROPERTY CORNERS ARE 112 INCH IRON REB4R do CAP SET UNLESS OTHERWISE NOTED. 5. NO TITLE REPORT WAS FURNISHED, EASEMENTS AND OTHER ENCUMBRANCES MIGHT EXIST WHICH ARE NOT SHOWN, ALL EASEMENTS SHOWN ON 7HIS PLAT ARE EX/S77NG. 6. THE PROPERTY SHOWN HEREON LIES WITHIN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.29 ANNUAL CHANCE FLOODPLAIN PER N.F.IP. FLOOD INSURANCE RATE MAP No. 51069CO3500, DATED SEPTEMBER 2, 2009. Z 7HE ORIGINAL BOUNDARY OF TAX PARCEL 75 ,A-104E WAS ESTABLISHED BY A SUBDMSION OF TAX PARCEL 75—A-104 RECORDED IN DEED BOOK 922 PAGE 875. SUBSEQUENT DEDICATIONS OF AUTUMN GLEN SECTION ONE PHASE ONE (DEED BOOK 919 PAGE 1780) AND WARRIOR DRIVE (INSTRUMENT No. 020006555) HAVE REVISED THE PARCEL BOUNDARY 70 THE CURRENT CONRGURABON SHOWN BY THIS BOUNDARY SURVEY. 8. U77LITY LINES AND THEIR APPURTENANT STRUCTURES EXIST WITHIN SOME OF THE EASEMENTS SHOWN. MISS U71UTY MUST BE N077FIED BEFORE ANY EXCAVARON. 9. PARTS OF 7HIS SITE HAVE BEEN USED FOR STOCKPILING EARTH AND ROCK FROM OTHER LOCATIONS LEGEND IRF = 112• IRON ROD FOUND NS =NAIL SET ESMT. = EASEMENT BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE � = CENTERLINE CURVE TABLE CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGM TANGENT Cl 673.00' 92.35' 751 43' N 40'59'03" E 92.27' 46.25' C2 323.00' 4653' 8'15'12" N 325536" E 46.49' 23.30' C3 40.00' 62,83' . 90,00,00, N 61'58 40" E 56.57' 40.00' C4 50.00' 87.27' 100'00'00" S 23'0120' E 76.60' 59,59' C5 702.50' 375.87' 30'39 20` S 42' 18'20" W 371.40' 192.55' C6 1 827.50 236.96' 16'2425" S 49'2547" W 236.15' 119.30' LINE TABLE LINE BEARING DISTANCE L 1 N 2848'00" E 67.61' 1 L2 S 26'58'40' W ' 46.29' BOUNDARY SURVEY OF THE LAND OF BiOMWAN-SVOEMAKER COMPAAMES, INC. CrAX PARCEL 75 A-X-4E) OPEO" A 7W,, FREDERICK COUNTY, VIRGIN14- SCALE N/A I DATE: MAY 12, 2016 GREENWAYENGINEERING, LNc. 151 Windy MMtu Lane Winchester, Virginia 22602 Telephone: (540) 662-4185 IREENWAY FAY: (540) 722-9528 ENGINEERING www.greenwayeng.com .TH UC. KO. 1837 ..f/e4 - -L U-; 0 Mw 50' SHARED SEPAR47ION r BUFFER ASPHALT DB 919 PG 1780 APRON / I I tr STORM I S7RUCTURE T.M. 75 A-104E BOWAUN—SHOEMfWKER m ll� COMPANIES, INC. / 1 m DB 6,M PG 499 -f �` �� 1 15.7905 ACRES ZONE: B2 I �� I POND I 7 50, COMMON SHARED BUFFER I 1 & SCREENING ESMT. }� DB 919 PG 1780 / ` INST. No. 040011207 I 1 I / 1 DRAI MGE EMT. I INST: No. 0200106555 1 � I SEC77ON 3 11 I I INST. No, 0400112071 I --- N 48-4625" W 372.48, , I 11 1 O ` 100 i r/ I c>z fK Sri ON FEET)' BOUNDARY SURVEY OF THE LOD OF' BOWMAAIf-SHOEMAKER COAPA. AWES, IMC. (TAX PARCEL 75 A-V4L) Offia 7lV Dd nWr,, FREDERICK COUNTY VRGINIA c� SCALE 1 =100' I DATE MAY 12, 201 GREENWAYENGINEERING, ING 151 Windy Hill Lane rrm ,r„ Winchester, Virginia 22602 Telephone: (540) 662-4185 TREE AY FAM (540) 722-9528 ENGINEERING www.greenwayeng.com APRON I I xw, 1 ---20• SWffAR SEWR ESMT HYST Z. f 0400112071 I � I I ,TH Lic. N6 1$37 C� 0 100 0 100 15' BELL ATLANTIC —VA 1 ESWT. GRAPHIC SCALE (IN FEET) DB 885 PG 16201)13 r i 20' DRAINAGE ES11/T. ER �'2� i � �/ DB 919 PG 178�PSK8� I S 7�� SLOPE & DRNAROE1 i ESMT. DB 839 PG 258 1 20, SANITARY / SEWER ESMT. DB 885 PG 245 I 1 � _ I i AREAS OF V PONDING I Z w I I TM, 75 A-104E l � w I BOWMAN -SHOEMAKER o I COMPANIES, INC. / DB 634 PG 499 15.7905 ACRES I 10' WATERLNE ESMT. ZONE- B2 D8 919 PG 1780 f V 11 f !NS 50' SNARED SEPARATION r BOB 919 PG PG 1780 � o, � , STOWI � N POND I / �v SIR1ACTi1RE ��� i / I V N BOUNDARY SURVEY OF THE LAND OF pj,T$ 0 IE'IbIA1y, BOMMAf—SMOKER COWANESW.. , h (TAX PAfc. 75 A-io4E) 0WQt0V 015 W,, FRL7 MCK COUNTY, NRGINIA U T S a SCALE 1 = loaf DATE.' MAY 12, 2016 Lic. 0. 18 le GREENWAYENGMEERING, iNC. 151 Windy Hill Lane FND ,�, Winchester, Virginia 22602' SUR Telephone: (540) 662-4185 G RE AY FAX (540) 722-9528 48068 SHEET 4 OF 4 ENGINEERING www.8reerntayeng.coni � ,c „r c) vltCliINIA:Fi'<MERICK CO'UNTY.SC - This instrument of writing was produced to me on J - -M - 14 at A -S/ 'M and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sea 58.1-802 of $ and 58.1-801 have been paid, if assessable. ' Clerk 0 • 0 07000367 w 0 CERTIFICATE OF CHANGE OF NAME THIS CERTIFICATE OF CHANGE OF NAME, by and between JASBO. INC., a Virginia corporation, (for indexing purposes only), and BOWMAN -SHOEMAKER COM A IIES, INC., a Virginia corporation. WITNESSETH: By Certificate of Amendment previously issued by the Virginia State Corporation Commission, effective October 10, 2007, the Articles of Amendment to change the corporate name of Jasbo, Inc. to Bowman -Shoemaker Companies, Inc. was approved by the Virginia State Corporation Commission. A copy of the Certificate of Amendment dated October 10, 2007 issued by the Virginia State Corporation Commission is attached hereto and incorporated herein by reference as if set out in full. WITNESS these signatures and seals: BOWMAN -SHOEMAKER COMPANIES, INC. (formerly known as Jasbo, Inc.) By jy&6fl >J&4nAkd,Af&(SEAL) Beverle E lnl ti1COMMO ALTH OF VI GINO"a ofCII Yt1�allN F > aon ampow Duo 31, 2010 The foregoing instrument was acknowledged before me on the day of November, 2007 by Beverley B. Shoemaker, President of Bowman -Shoemaker Companies, Inc. NUchad 1.. Bryan 9 Court square My Commission expires: W31& . 2" Floor Winchester, VA NOTARY PUBLIC M1Blpmn c:Vsliu\J*sbo Cat of Name Ckaw it" MON LAW Notary FubM Cwe ortoewooMt of vkVWO 302402 W ComtNalon lapims Doe 31, 2010 COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION CD l AT RICHMOND, OCTOBER 10, 2007 W / w The State Corporation Commission has found the accompanying articles submitted on behalf of Bowman -Shoemaker Companies, Inc. (formerly JASBO, INC. ) to comply with the requirements of law, and confirms payment of all required fees. Therefore, It is ORDERED that this CERTIFICATE OF AMENDMENT be issued and admitted to record with the articles of amendment in the Office of the Clerk of the Commission, effective October 10, 2007. The corporation is granted the authority conferred on It by law In accordance with the articles, subject to the conditions and restrictions Imposed by law. STATE CORPORATION COM MISSION By A". .2L \ Commissioner VIRGINIA: FREDERICK COUNTUCT. This instrument of writing was produced to me on at 39 611- and with certificate acknowledgement thereto annexed was admitted aad%miitted to record. Tux imposed by Sec. 58.1.802 of $ L!'.JLI._, 2W 58.1-801 have been paid, if assessable CkA 07-09-21-0030 AMENACPT CISO436 Michel L. nryaa 9 Coart square 2*1 noor Wimebooter, VA 0 0 050027 281. THIS DEED OF DEDICATION AND DEED OF EASEMENTS made and dated this I e day of November, 2005, by and between,ASBO. INC., a Virginia corporation ("Jasbo'), and THE COUNTY OF FRED RICK. VIRGINIA (the "County"). RECITALS: A. Jasbo is vested with fee simple title to that certain tract or parcel of land containing 5.30335 acres, more or less, situate at the intersection of Tasker Road (State Route #642), Warrior Drive and Macedonia Church Road (Route 756) in Shawnee Magisterial District, Frederick County, Virginia, and being a portion of the lands acquired by Jasbo by that certain Deed dated December 16, 1986, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 634, at Page 499, Tax Map No. 75-A-104 (the "Jasbo Parctl" ). B. In connection with the improvement of Warrior Drive, Jasbo has agreed to dedicate a portion of the Jasbo Parcel containing 0.22709 acres, for public street purposes, designated as "9,892 Sq. Ft. or 0.22709 Ac. Hereby Dedicated for Public Street Purposes" on that certain plat titled "Plat Showing Dedication & Various Easements on the Property of Jasbo, Inc" dated October 19, 2005, drawn by Bradley T. Riggleman, L.S. (the "flat"), which Plat is attached hereto and incorporated herein by reference as if set out in full. C. Jasbo has further agreed to dedicate storm drainage easements, grading and temporary construction easements, as described on the attached Plat, as more fully set forth hereinafter. NOW THEREFORE WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid by each of the parties hereto unto the other, the receipt and sufficiency of which is hereby acknowledged, and other consideration deemed adequate at law, the parties do hereby agree as follows: 1. The Recitals are incorporated herein and made a material part hereof as if set out in full. 2. Jasbo hereby dedicates to the County for public street purposes that certain parcel of land containing 9,892 square feet or 0.22709 acres (the "Street Dedication Parcel"), being more particularly described on the attached Plat. 0 • I 3. Jasbo hereby Impresses that certain grading and temporary construction easement designated as "Grading & Temp. Const. Esmt." on the attached Plat. 4. Jasbo hereby impresses those certain storm drainage easements designated as "Storm Dm. Esmt. and 20' Storm Dm. Esmt" on the attached Plat. 5. Jasbo reserves the right to the use of the surface of the lands subject to the Stone Drainage Easements and Grading & Temporary Construction Easement in such manner as will not injure or interfere with the construction, operation, maintenance, repair or reconstruction and/or replacement of utilities within the Storm Drainage Easement and/or Grading & Temporary Construction Easement and any temporary construction activities located therein. 6. The County consents to the dedication of the Street Dedication Parcel for public street purposes as set forth herein, as evidenced by its execution of the attached Plat. WITNESS these signatures and seals: JASBO, INC. By: . (SEAL) Beverley P. Shoemaker, President STATE OF V IRGINIA, e COUNTY OF The foregoing instrument was acknowledged before me on the ��day of November, 2005 by Beverley B. Shoemaker as President of Jasbo, Inc. My Commission expires: OCXc d �- NOTARY PUBLIC M Z4— eMembo - Cwruy Deed o(Md. MkkiM L. Bryon 9 Corrt Squire V Moor Winchester, VA V:\Project\ 2003\03032\Surv\Cadfiles\Offsit tts\Offslte-]Bsbo\30310EPIOL.dwg, 10/19/2005 8:07:510 14C/N/TY MAP SCALE.' 110 __1J//IYC/T .2 L L4ybz&dm ,----- 7H£ PLA777NG GF 7HE PROPERLY -wo;w HEREAM, fi71R AIE PURPOSE OF S7RE£T DED/CAAOV AND VARIOUS rASEMM7S, /S MADE WPI PPE FREE COV&Wr,, AND /N ACCORDANCE WIH 7HE OES/RE3' OF 7NE UNDICRS7GN£O ONN£R(S), PRGFMC1ORS, AND IRUS7££S, IF ANY, AND AGREE THAT /RGiV PIPES wu BE SET AS /NDICAIED THUS --- 0---- UNDER 7HE SUPERVISION Or A LICENSED LAND S/RWYOR OR ENGINEER �. ' MOM , Wig '- STATE GF t SOU TY Ole , TO wr. /, A NOTARY BL/C N Al FCOUNTY AND STATE AFORESAID, DO HEREBY CERAFY A/AT NN05E NAME(S) ARE SIGNED 70 7HE FOREGLYNG NRIANG DA7F0 HAVE PERSOVALLY APPEARED BEFORE ME, IN MY COUNTY AFORESAID, AND Aa(NOMEEDG�D AWE SAME. 0WN UNDER MY HAND-7H/S 0 PAY Or 2 2005. s 7 "h6 NOTARY PUBLIC MY CONM15516W EXPIRES +� NOTE.S_a_ 1. BOUNDARY DalftA ItD HEREON IS FROM DEEDS OF RECORD AND AaIA CENT /NFORMA AOV ALL AMOVG THE LAND RECORDS OF fREDERICY COUNTY, VA. Z f7000 N07E' ZOV£ C; COMMUNITY NO.- 910083, PANEL: 0?00 B, OAIr- 7-17-78 J. ALL AREA W7HIN R16;YT--O'=-WAY IS HEREBY OE0I0A7YO 70 FREOCRICY COUNTY FOR PUBLIC 57RE£T PURPOSES. 4. AVE PRO°ERTY DEUNEATED HEREON IS Si/O)W ON fREDERLCY COUNTY TAX MAP 75-A-104E, AND IS Z6WED RPB2. S. TEMPORARY CONSTRUCAGW EA.SEwmr TO BECOME NULL AND VLYD AT SUCH AME AS CGWS)RUCACW IS COMPLETE. DATE: OCT06ER 19. 2005 J%.vm . tYYliews . Sbrr�uen c.,..ky..r 'Zor 43 West lubal Early brie WtnahgAw. VA 22601 (540) b3-047e (540) N6-1674 (h:) nn.bc"nsulU.eorn PAGE 1 OF 3 PLAT SHOWING DEDICATION do VARIOUS EASEMENTS ON THE PROPERTY OF JASBO, INC, SHAWNEE MAGISTERIAL DISTRICT F'REDERICK COUNTY, VIRGHA WAMY T. M No.2216 OCT 19 X 0JOJ2.22-2J AA V: \Project\_20U 3\03032\Su rv\Cad f Iles\O ffs J.-.. _i'1i:2.dwg, u/ 1), 200 8.43.*. SURWYOR'S CER17F/CA TE o 0 1, BRADLEY T. R/CGLEMAN, A DULY LICENSED LAND SURPEYOR IN TINE COMMCWWAL7H CF moiNIA, DO HEREBY CERAFY THAT 7HE LAND SHONN HEREON IS NOW IN THE NAME OF ✓AM0,, INC. AS RECCXD£D /N DEED 806W 6J4 AT PAGE 499 AMOWC PIE- LAND R.-COWS of - fREVER/CK COUNTY, NROINIA AND 7HAT ALL COURSES ARE REFERENCED TO NRG/NIA COOROINA7E SYS7EM 198J MOR H. BRAOLEY T. R/CGLEMAN, L.S. /2216 DATE ZEGEND OB= DEED BOOK EX= £7VINC PG— PAGE 57M= S70RM EP= EOGE OF PAVEMENT DRN- DRAIN R/W - RIGHT-0, —WAY E5*r— EASEMENT AREA TABUt! A 77ON PIN ,R5—A-104E 2J1, 014 50. FT. OR 5. JOJJ5 AC S7)PEET DEO/CATION (9,892) S0. FT. OR (0.22709) AC REMAINDER 221,117 SO. FT. @4 5. 07626 AC CURVE TABLE R RA&ZIS LENGTH TANa'NT L5'/aPO BEARING olLTA 1 5' 4 S 9' fA 6. 4' 14 .43' S 7.4107' w , " 1B IA1 ' S 7' 17' W 414'I ' 1 2 1 48. 1' W 14W'1 ' 4 7 1 .5J' 7' 1 ! ' N 22' 8:T17" 5 38/ 1' 1 4. 5 7'4 " DATE: OCTOM 19, 2005 $C CoK wullIelsts /Awns • dylseers . SYnR/wrs 4sr6wrr .Gtb/lwr4 40 iHt :bsl Udy Drtn wlnc6akr, VA 2"01 (540) "5-0475 (640) 665-1e74 (Fsx) www.bccoivallff,cam PAGE 2 OF 3 PLAT SHOWING DEDICATION do VARIOUS EASEMENTS ON THE PROPERTY OF JAS80, INC. Up' Y BRADLEY T. RIGUEMAN No.2216 SFREEDERIRICK COUTNRTY�MR / ill lDISTRICT OJOJ2.22-2 J AA V:\projectL2003\03032\Surv\Cadfiles\Offoats\Orfslte-ldsbo\30320EP103.dwg, 10/19/2005 8:41-OM ., .. ! ,! ( i r ♦! 0 AUCED00WA /40�/T6 74'd CH OAD ! EPA lJ L ----S6J2810"E— 277.19-------- EX. FIVA9 L00- rr OAS LINE PANT MARKS APPROX. LOC. 6F IHE CENIER 10 6F A 10' SHENANOOAH OAS Co. £AS£MENT OB 874 PC 1271 LOG, rOpB 2 T I 5 I !) c Rp� EGo ArPp s 865928' w JIs4' t; c) 1: / is :�,,, h.S Ike G1pg 8� 1 10 t �. N V /. v%•ti hii i/J^.�. �1�J. vG 460 r��i 5=- 20' STORM Oft. £BAIT 2 I u) I):: I rj •) q u��•� I• 6 A1P. CONsT. r-wr (SE£ NOI£ 5) J5. 00' M � 10.00, ✓Aseo, INC. RFAAAWR 221,122 S12 FT CR A07626 AG AW /75-((A)J-104E 9,02 Sa FT. 0? 022709 AL« hif'R 9Y LmrA rm Rag' Pub" SIRE£T P60005ES I ^ v I O ~ ! p O Al h IA 30 )� b N 7971V' £ 756 ' I 1•N ESAI f: �26.94 2 sly °�' 1 12.1JU` - -- v / d� y 561.1JTN 73'01'028A MVIN R/1h LINE TABLE LAY£ BEARING L£NGIH Ll N J2.50 L? onrlo, w 1.10 00 LJ /B0 00 L* 16.40 DATE: OCTOBER 19. 2005 nMe�enr . LlVlwmr . JW"VVn Lorin 0.4xNl,eO 47 •esl lubol Larly Orl" •lwobulrr, VA Ml (540) 665-0476 (540) Hs-1674 (►ox) w".bcco0sulb.com 1� W� too 0 60 100 ]00 1"- IGO, 3 PAGE 3 Of 3 PLAT SHOWING DEDICATION do VARIOUS EASEMENT'S ON THE PROPERTY OF JASBO, INC. SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA ,Tii Oda" y PROW T. RICCIE10 o.2216 2 od OJOJ2.22-2J AA DATE: OCTOBER 19. 2005 nMe�enr . LlVlwmr . JW"VVn Lorin 0.4xNl,eO 47 •esl lubol Larly Orl" •lwobulrr, VA Ml (540) 665-0476 (540) Hs-1674 (►ox) w".bcco0sulb.com 1� W� too 0 60 100 ]00 1"- IGO, 3 PAGE 3 Of 3 PLAT SHOWING DEDICATION do VARIOUS EASEMENT'S ON THE PROPERTY OF JASBO, INC. SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA ,Tii Oda" y PROW T. RICCIE10 o.2216 2 od OJOJ2.22-2J AA Cn 0 0 ' rn VIR(KNM MME RICKCOUNTY. SM Obit i o rwa of of wtitb�{ �t praluaed a aat ar attdrtith m 11- 1 ofadmovd6damoOtIl i amsed wrA�adialoW to ream T Impored by Seci SI40of f , atd Xl-Wl here beat paid ff mmihk 4m Adir." 'ChwA 0 R RLE(OPY • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 February 19, 2019 Mr. Evan Wyatt Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #04-18 Tasker Road and Warrior Drive PINS 75-A-104 and 75-A-104E Dear Mr. Wyatt: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on February 13, 2019. The above -referenced application was approved to rezone 20.24+/- acres from the B2 (General Business) District with proffers to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. The subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive in the Opequon Magisterial District and are identified by Property Identification Numbers 75- A-104 and 75-A-104E. The proffer statement originally dated October 9, 2018 and revised on January 18, 2019 that was approved as a part of this rezoning application are unique to the above referenced properties and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, �JI Candice Perkins, AICP, CZA Assistant Director CEP/pd Attachments cc: Robert W. Wells, Supervisor Opequon District Roger L. Thomas and Robert S. Molden, Opequon District Planning Commissioners Jane Anderson, Real Estate Ellen Murphy, Commissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution Bowman -Shoemaker Companies, Inc., P.O. Box 480, Stephens City, VA 22655 Tasker Warrior Properties, LLC., P.O. Box 480, Stephens City, VA 22655 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • C September 20, 2018 Mr. Evan Wyatt Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, Virginia 22602 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 RE: Proposed Rezoning for Tasker Road and Warrior Road Commercial Properties Property Identification Numbers (PINs): 75-A-104 and 75-A-104E Dear Evan: I have had the opportunity to review the draft rezoning application ('or Tasker Road and Warrior Road Commercial Properties. This application seeks to revise the proffers from Rezoning #02-98 for 20.86 acres of land. This review is generally based upon the proffer statement dated on August 17, 2018. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of' the agencies and their comments have been addressed should be included as part of' the submission. 1. Redline Proffers. Provide a redline copy of' the proffers that show the original text and proposed changes. 2. Southern Frederick Area Plan. The 2035 Comprehensive Plan and the Southern Frederick Area Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies these properties with a commercial land use designation. The current zoning ofthe properties is consistent with the Comprehensive Plan. 3. Proicet Name. Warrior Road should be changed to Warrior Drive. 4. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $1,000 (proffer amendment). All of the above 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, AICI', CZAS Assistant Director CEP/pd Pam Deeter To: Robert W. Wells; Roger Thomas (ipad); Robert Molden (ipad) Subject: Rezoning Taker Road & Warrior Drive Attachments: Tasker Road & Warrior Drive #04-18 Approval.doc Good morning, Please find attached an approval letter for the rezoning of Tasker Road and Warrior Drive which is in your magisterial district. If you have any questions, please contact Ms. Perkins. Pam Deeter, Secretary II Dept. Planning & Development 107 N. Kent St. Suite 202 540-665-5651 pdeeter@fcva.us 9 0 Pam Deeter From: Microsoft Outlook To: Robert Wells Sent: Tuesday, February 19, 2019 11:01 AM Subject: Relayed: Rezoning Taker Road & Warrior Drive Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Robert Wells (robe rtweIIs946(&comcast.net) Subject: Rezoning Taker Road & Warrior Drive 151 Windy Hill Lane Winchester, Virginia 22602 0OT 1 8 GREENWAY TRANSMITTAL ENGINEERING Project Name: Tasker-Warrior Commercial Conditional Zoning Amendment File No: 4806B Date: Wed, Oct 17, 2018 To: FC Planninp, Attn: Candice Perkins Copied Delivery: ❑ Fed Ex ❑ Other _ ` Urgent ❑ For Your Review ❑ As You Requested 7 Please Comment From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Hi Candice, U.S. Mail Message 0 Courier ❑ Pick Up Please find attached the required information for formal submittal of the Tasker-Warrior Commercial Conditional Zoning Amendment Application. Please review this information and advise me if you need any addtional information specific to this matter. Thanks, Evan] Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: Document A Woval Fora PLEASE REV[EW THE ATTACfrED DOCUAfEN,T. IF T'HISDOCUmEI\'T AfEETS YO UR APPRO VAL PLEASE rl\'ITIAL A.ND PRO N yDE THE DA TE AND TIAfE OF YOUR APPROVAL. IFTIKISDOCUifENTDOES'NOTAfEETYOUI►y,4FFhO��L PLE,4SEFR0 C0MAfENTS,IS TO WK4T YOU ifi-/OULD LIKE TO fL4 VL' COMpLETED. Initials Bate & Time (Cznice Mark Uave Tyler Affke John COMMENTS: Received by Clerical Staff (hate & Time): (S:Omce on B/ackboxWormsViocument Approval Form—6/7/2016) TASKER ROAD AND WARRIOR DRIVE COMMERCIAL PROPERTIES CONDITIONAL ZONING AMENDMENT Tax Parcels 75-A-104 & 75-A-104E Opequon Magisterial District Frederick County, Virginia October 9, 2018 Current Owners: Bowman -Shoemaker Companies, Inc. Tasker Warrior Properties, LLC Contact Person: Evan Wyatt, Director of Land Plannini; Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 aU+I-,C(4-f- 0 • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Slat: Zoning Amendment Number. PC Hearing Date Fee Amount Paid $ Date Received _ BOS Hearing Date_ The following ii?formation 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 Sheet, Winchester. 1. Applicant: Name: Greenway Engineering, Inc. Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property, Owner (if different than above): Name: Bowman -Shoemaker Comapnies, Inc. Address: P.O. Box 480 Stephens City, VA 22655 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540) 662-4185 Telephone: (540) 869-1800 Telephone: (540) 662-4185 4. Property Information: a. Property Identification Number(s): 75-A-104 & 75-A-104E b. Total acreage to be rezoned: Conditional Zoning Amendment - 20.86+/- Acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): N/A d, Current zoning designation(s) and acreages) in each designation: B-2 District - 20,24+/- Acmes & RP District 0.62+/- Acres with Proffers e f Proposed zoning designation(s) and acreage(s) in each designation: B-2 District - 20.24+/- Acres & RP District 0.62+/- Acres with Revised Proffers Magisterial District(s): Opequon District & Shawnee District 12 I] Checklist: Check the following items that have been included with this application. Location map ! ✓ �_ Agency Comments _! ✓ i_ Plat ✓ I_ Fees _i ✓ Deed to property —� ✓ �_ Impact Analysis Statement Verification of taxes paid ✓ I_ Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district Digital copies (p(If's) of all submitted documents, maps and exhibits _ G. The Code of Virainia 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: Bowman -Shoemaker Companies, Inc. - Beverley B. Shoemaker, President Tasker Warrior Properties, LLC - Beverley B. Shoemaker, Manager 7. Adjoining Property: PARCEL ID NUMBER USE ZONING Refer to attached Adjoining Property Owner Map & Table 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 subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Road. 13 0 u 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family 110111CS: N/A Townhonle: N/A Multi -Family: N/A Non -Residential Lots: N/A Mobile Home: N/A Hotel Rooms: N/A Square Footage of Proposed Uses Office: N/A Service Station: N/A Retail: N/A Mail Ufilet Uri 11g: N/A Restaurant: N/A Warch011SC: N/A Commercial: N/A Other: N/A 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning neap of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of illy (our) knowledge. Applicant(s): � ( • J Date: Date: Owner(s): 1 X), i��yY�G'� �f�tL�. Date: I0 Date: )0- I1 �( U 14 Ov P o� �O O= A.~ 40 ik O. P h= ra m ' P h SARVIS Q�o Tasker-Warrior CommercuW �— Adoning Property Parcel Boundary Feet 0 300 bG D— S— f "-w.c• Gau My. V GIS Dgan— 2018 Dau 2 i / •� rJ 6c BAYBERRY -CT rx 311 7x 31 !A 3, ec t?x,31 M M 31'pe 1 75 A WE J 3�KEVERNE CT 2y A, 76 A 104 eQ or` CkeURNS L•AMORE•DR 1SD "w1 7 IMACEDO i �L•UC 11 IA o J 'oJ v ''s 10. 7ir J� lJ '20 ..ram ' OJ' 1� \ J 75P 1 3 207A 75P 1 3 207A 75 A 1056 I RD_ H ao S w w � a � a i O Z r, pp w o Q a Z Y ? H Q Q � Z � O w O W U 3 cY2 ° = W N O _ b W OCr LL D R OW w a o O 0 • TASKER WARRIOR PROPERTIES, LLC ,10 P. O. BOX 480 34 STEPHENS CITY. VA 22655-0480 ,��, 68-258h14 �II DATE 23 PAY TO \\ // 1 _ \ Y ORDER OFF � C CC 3,5 .c C �� T( C _ C \L1'\ �_ CR5$�.►.f1t"k� V.J DOLLARS FirstBank,7 gpgK.bwg...... con FOR1-. i:05 L40 2589i: 230547940 LO 1031, BOWMAN -SHOEMAKER COMPANIES INC PH (540) 869-1800 PO BOX 480 STEPHENS CITY, VA 22655 PAY TO THE Treasurer of Frederick County ORDER OF_ �.� --..�i 1�'�",�„r.'i�''I>1►1�`riRr.�-l�f�fic a. <e ti a FIRST BANK 82J q1 l Slrnburg VA — tb-9—a com 68 25851/ 10 ()% 23 jjC HECK Agri Five Hundred and 001100*"'+'*"'*""""""" 9/6/2018 $ "'500.00 Treasurer of Frederick County PO Box 220 Winchester, VA 22604-0552 MEMO 110008 2 L 7ii' 1:0 5 L 40 2 589i: 2 30 L 4 20 20 Lill rev '.: 59;•,^ S " * + A..g ., ark ! pig ., 1�3 ► _ h' �' DOLLARS 9 • COG Special Limited Power of Attorney q $�� County of Frederick, Virginia Frederick Planning Website: www.feva.us .cu> Department of Planning & Development, County of Frederick, Virginia 107 North Kent Sheet, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Bowman -Shoemaker Companies, Inc. (Phone) (540) 869-1800 (Address) P.O. Box 480 Stephens City, VA 22655 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. DB 634 on Page 499 , and is described as Parcel: 75 Lot: A Block: 104 Section: Subdivision: do hereby make, constitute and appoiIlt: (Name) Greenway Engineering, Inc. (PhoIle) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -In -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: _Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal 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 clay it is signed, or until it is otherwise •escinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this �� day of�? f-,b,�r , 20 Signature(s) v \, State of Virginia;-Gity/County of r�_�+pf +C ill To wit; Ik < au_�Q S , a Notary Public in and for the jurisdiction aforesaid, certify that the persottT(ss who signed to the foregoing instrument personally appeared before me and has aeknowlec ed the same before me in thejurisclietion aforesaic this clay of orb; 20 V�_ . My Commission Expires: _ '1 Notary Public TINA L SCRUC3(3S NOTARY PUBLIC COMMONWE 9 ! Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Tasker Warrior Properties, LLC (Phone) (540) 869-1800 (Address) P.O. Box 480 Stephens City, VA 22655 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 160004426 on Page 0066 , and is described as Parcel: 75 Lot: A Block: 104E Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: X Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this T� day of �, , 20 )g , Signature(s) State of Virginia,-Cit-y/County of �L��L� �� To -wit: I, t_ c a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has aclaiowle 10c the same before me in the jurisdiction aforesaid thisclay of �: b 2013- ��My Commission Expires: -- Notary Public iINA L. SCRUGGS NOTAPY PUDLIC COMMONWEALTH Of VtRGWA MY COMMISSION EXPIRES JAM, 31, 2019 Untitled Page https://taxes.co.frederic*ts/applications/TR_payTaxes/REDetail... Frederick County \11iF fI'111;l Lim,Ar.TvxTop Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Previous 2018 REAL ESTATE Dept/Tickellt RE2018 / 36730001 Frequency I Supplement# 0 Name BOWMAN -SHOEMAKER Map/1 75 A 104 Account# 8024165 Name 2 COMPANIES INC Bill Dale 03/16/2018 Acreage Address PO BOX 480 Due Dale 06/05/2018 Improvements STEPHENS CITY VA Dese 5.08 ACRES Land Value Zip 22655 480 Penalty Paid S0.00 Interest Paid Land Use Minerals $0.00 Last Transaction Date 05/24/2018 Current Payment Status 5.080 $ 0.00 S 1,024,700.00 $0.00 S0.00 Original Bill Payments Principal Balance Due Penally Interest Balance Due S3,125.34 ($3,125.34) $0.00 S0.00 S0.00 S0.00 Transaction History Date 1)ype nansactionil Amount Balance 3/16/2018 Charge 0 $3.125.34 S3,125.34 .5/23/2018 Principal Paid 863 ($3,125.34) $0.00 Previous of 1 o on1e ).ir,plat Untitled Page htlps://taxes.co.frederic0us/applications/TR_payTaxes/REDetail... ,,,,me Frederick County VIP1111s1 OFE!�T -TVr Tor Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCarl(0) Pin Options Change Email Deal Estate Ticket retail Previous 2018 REAL ESTATE Depl/Tickellt RE2018 / 388910001 Frequency 1 supplement# 0 Nance TASKER WARRIOR PROPERTIES LLC Map# 75 A 104E Accountil 8038499 Name 2 Bill Dale 03/16/2018 Acreagc Address PO BOX 480 Due Dale 06/05/2018 Improvements STEPHENS CITY VA Desc 15.79 ACRES Land Value Lip 22655 480 Land Use Minerals 15.790 $0.00 S2,008,400.00 $0.00 So.00 Penalty Paid $0.00 Interest Paid $0.00 Last 'rransac Lion Date 07/25/2018 Current I'nyment Status Original Bill Payments Principal Bidance Due Penally Interest Balance Due $6,125.62 ($6,12.5.62) $0.00 $0.00 $0.00 SO.00 Transaction history £ Date 7�ype 'IYansuctionll Amount Balance 3/16/2018 Charge 0 $6,125.62 $6,125.62 7/24/2018 Principal Paid 37413 ($6,125.62) $0.00 Previous Of 1 0/11/1)t11R 17.1R AAA / EC Sam WINCHESTER 17 7 � ro 40 ROTA J/ 0 SITE } y4 � � "STEPHENS 4.4 l Z�: CITY W W o , wcr r U /LONG CL, 3 w r v` ERRY4CT m ® < i 31 r y O O w z U Z o_ K cr Q 7S A 1ME � ■ w O J ���yNN`OR CEDARIMOUNTAIN_ DR�e.. _ � U w r<�w w m Ir p� G� i x rn LegendQ�pk1 (G'0J� 0 Z Q Q Z Tasker-Warrior Commercial 4K�R0 �O�P`G <C�R 0, rui z U, OU W Parcel Boundary e�CK FP \GvCrt 3 a Q g 9 vRNs �' a x w w rn o c RD to ,a w Feet �h91 `R a to z o LL / FR • R 300 0 300 w W "j -- _. R o c7 01 1y 1I0 S- Fmiwxk Cwnty. VN GG DpMmrn. 201E D� MACEDON/A.CHURCH l V ERNE C t� � a SARYIS CT Leaen Tasker-Warr*( Commercial Parcel Boundary Frederick County Zoning 82 (Business. General Distnst) RP (Residential Performance District % Feet 300 0 300 wo Drh Sd/crr FnOrict County W Gb IMpvlm�nl pl 11 Dr. t/o 7s A 104 oP � OP pP� 9E,,1CK lM Oa $ p 2 33?y 6� MAC EDOHIA.CHU RCH RDA LUCY-LONG C7 9 Q� P O� V° PG CEDAR. MOUNTAIN. Q U W � � m OU Z W 0 0 Q N W Q� Z_ Z O w N Y to FQ- z • • TASKER ROAD AND WARRIOR DRIVE COMMERCIAL PROPERTIES CONDITIONAL ZONING AMENDMENT Tax Parcels 75-A-104 & 75-A-104E Opequon Magisterial District Frederick County, Virginia October 9, 2018 Current Owners: Bowman -Shoemaker Companies, Inc. Tasker Warrior Properties, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering April 8, 1998 Tax Parcels 75-A-104 S 75-A-104E October 9, 2018 TASKER ROAD AND WARRIOR DRIVE COMMERCIAL TAX PARCELS 75-A-104 & 75-A-104E PROFFER STATEMENT REZONING: RZ# B-2, Business General District and RP, Residential Performance District with Proffers to B-2, Business General District and RP, Residential Performance District with Revised Proffers PROPERTY: Tax Parcels 75-A-104; 5.07± acres and 75-A-104E; 15.79i acres (here -in alter the "Property") RECORD OWNER: Bowman -Shoemaker Companies, Inc. (Tax Parcel 75-A-104) Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: Bowman -Shoemaker Companies, Inc. and Tasker Warrior Properties, LLC (here -in after "Owners") PROJECT NAME: Tasker Road and Warrior Road Commercial Conditional Zoning Amendment ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: October 9, 2018 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application #002-98 for Tax Parcel 75-A-104 (4.45± acres zoned B2, Business General District and 0.621 acres zoned RP, Residential Performance District) and Tax Parcel 75-A- 104E (15.791 acres zoned B2, Business General District) to establish 20.86i acres of B2, Business General District and RP, Residential Performance District with revised proffers; development of the Property shall be clone 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 be 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. File //4806E/EAW 0 9 Greenvay Engineering April 8, 1998 Tax Parcels 75-A-104 & 75-A-104E October 9, 2018 The Property is identified as Tax Map Parcel 75-A-104, owned by Bowman -Shoemaker Companies, Inc., recorded as Deed Book 634 Page 499 (Jasbo, Inc. Certificate of Change of Name to Bowman -Shoemaker Companies, Inc. by Instrument Number 070017367) and Tax Map Parcel 75-A-10413, owned by Tasker Warrior Properties, LLC, recorded as Instrument Number- 160004426. PROFFER STATEMENT A. Prohibited Land Uses The Owners proffer to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use SIC Code Automotive Dealers and Gasoline Service Stations 55 Hotels and Motels 701 Organization Hotels and Lodging 704 Funeral Service and Crematories 726 Car Washes 7542 Golf Driving Ranges/Miniature Golf Courses 7999 Membership Organizations 86 Commercial Batting Cages Operated Outdoors No SIC Adult Retail Uses No SIC B. Restricted Hours of Operation The Owners proffer to restrict hours of operation for the following land uses that are permitted within the B-2, Business General District portion of the Property by requiring the businesses to be closed to the public from 11:00 PM to 6:00 AM: Land Use SIC Code Eating and Drinking Places 58 Miscellaneous Repair Services 76 Amusement and Recreational Services Operated Indoors 79 C. Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0,10 per developed building square foot for County Fire and Rescue services. The monetary File 1/4806B/BAw 9 • Greenway lingincering April 8, 1998 October 9, 2018 •rn.. Parcels 75-A-104 & 75-A-I04E contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. Owner Signatull-e The conditions proffered above shall be binding upon the 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. Respectfully Submitted: By: h�� Bowm 1 -Shoemaker Companies, Inc. Date Beverley B. Shoemaker, President Con-i nonwealth of Virginia, —C—i-ty/County of �`eC\QC �CX\ To Wit: The foregoing instrument was acknowledged before me this `7 day of C6 20 \% by �)Q U TINA L. SCRUGGS NOTARY PUBLIC REG. #334353 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JAN. 31, 2019 My Commission Exp C` Notary Public File 114806B/EAw 4 Greenmy Engineering April 8, 1998 Tax Parcels 75-A-104 & 75-A-104E October 9, 2018 Owner Signature The conditions proffered above shall be binding upon the 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. Respectfully Submitted: r Tasker Warrior Properties, LLC Date Beverley B. Shoemaker, Manager Commonwealth of Virginia, --Oity/County of 1(AA To Wit: The foregoing instrument was acluiowledged before me this " day of OC n QC 20 by TINA L. SCRUGGS NOTARY PUBLIC REG. 0334353 . COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES AN. 31, 2019 My Commission Expires \ Notary Public File #,1806B/EAW 5 • E Red Font Text = Revised Language 41+4e Pont Stri e "T h u=l�-x4 = Existing Language to be Eliminated REZONING REQUEST PROFFER Property Identification Numbers 75-((A))-104 & 75-A-104E --1W Opequon Magisterial District `y1 n !� _t_-4t� n t, .. am 15,50L�.A"IWNW AllwFA _==__=+� Bowman -Shoemaker Companies, Inc. & Tasker Warrior Properties, ILILC "Tasker Road and Warrior lZoa- d Drive Commercial" Pfei-i*-i-n-clfl�4-at ai=, llt-te-fie�ti<�il—I5.2 22 1950 as itmefldec�-a�ld4lie {� 01- ' 11eLW--ede r-ie l� C�t+ll Y-A- +ii fly,=-E)4i-iwiiec -, i-4 3--ice e , to eend i t ' z0ning, tile t},11de dal)l ,1; •,,nt he )-"fHii$fs-t-hat In-t-ile event t e []! -,l ,r Su or R,• d„ ei, Ceuilt}`�4t�i+li�r413tt1I aP�fove Iiefonillb= AI>lilic alien #0(}?�11ei tlie-fe�efling-e1-34,67q4--Beres {i@f}1 I esiderlticil 1'efloftiizltlCf' �I�c1'-} eniiig l�i�iti t to the-R -s+n ssvcilciil�(13 development of' li+F heclon ' with tl � � eonditions c'-�'-F'rcc�-�=c=rrti-crl�i-i-� � 1�--i+fic 1-01-th iif'fG`ifl E,'#' pj 4-cc-ch-eX4ellt-tilTi--,1AW l-t(`ffl11,dl El e- Tflditjons may b, subsequently llI- shall 1lI l.TI'll I VI f�e��li(�C-I-I•}}`-i lit1-fi �){-1i ii'-itnt-iliid-4uC-li-be-ttl)i)i�)i�ed-1)y-ti-le-11F'edE1t� it 1:�-ou n%'-I�eai=d-tl {--� u j-1ef�-SHf�ii-1 aeeer+Miiee-���i�-li-V-it��+i+iii-13t��f---1-n-tlie-even t-t�rat-suc Il-i�•r-etlitlg�-i�ilc�t-giTtn{ell;-tl-len-tl3ese-pig-t�1�ei=s shall he deemed-withdi-awn and of=flee i*i* eet-`vli*t,,oev i--.4 ie ,•orr„ shall he i,;�,,,idiT+g_L,t;a+l the app- - ii d4h('44 g-gal s +eeessoi�*i-ii?i:Si<�xn4 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of' Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the L1i1CIC1'Siglled Owner hereby proffers that in the event the Board Of SLlpel-V(S0l-S Of Frederick C01.111ty, Virginia, shall approve conditional 'zoning amendments pertaining, t0 Rezoning Application #002- 98 for Tax Parcel 75-A-104 (4.45± acres zoned B2, Business General District and 0.62± acres zoned RP, Residential Performance District) and Tax Parcel 75-A-104E (15.79± acres zoned B2, Business General District) to establish 20.86± acres of 132, Business General District and RP, Residential Performance District with revised proffers; development of the Property shall be clone ill Conformity with the terms and Conditions set 1,01-th herelil, except t0 the extent that SL1C11 ter111S 0 REZONING REQUEST PROFFL+'R Property Identification Number 75-((A))-104, 105 & 107 "Tasker Road and Warrior Road Commercial" Page 2 and conditions may be Subsequently amended or revised by the Owner and such be 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 SLICCCSSOI-S, heirs, or assigns. The Property is identified as Tax Map Parcel 75-A-104, Owned by Bowman -Shoemaker Companies, Inc., recorded as Deed Book 634 Page 499 (Jasbo, Inc. Certificate of Change of Name to Bowman -,Shoemaker Companies, Inc. by Instrument Number 070017367) and Tax IVlap Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as IllStrUment Number 160004426. I�"••�cjrccct-iv;i-il'r'�p+=c?1�[i+l-1£i , � �nrrm-crf;�eN-nil(=t-E-�f--I->e-�te I (>t�hNefl � A-t-rLrffic=i-t��l�aot-�tud�ti�ti-ll-be-ec3ndt�c;tecl-u�ii�b W3F}�prc>cedt+fies--l�I=eac-late-deg=L11op+}t�IL�use prc�pc�seel-witl�i+ the=FllIret-lkLacl at}d V�4�tr-iel-bead C-c�I�}L>�ettil sitlt the t+I}��plan revit. 1n+pFev-&ment:s-�4"e-ec3l-i tt L►c tetJ4)), ie-1:111dePYk,-n *i-re p edj,&l d tl-,iffie�n cis l�a�;ecl trpen the-4pee l�eSec1 RL,tri- ted Prohibited Land Uses The -under=r l; r� , ,.,1 „r c,,,,eT,';;Tec-s fit [mot clef -felt C'et+t}13r +i. miwapl--�tt nth „r 35 6774 aeres,--,34n-g alo►ig-f it I�el�Btive in tJ e ()pegtten A�Izigisterial-I3i it-iet-cif #srederiek C-�iunt3L Vi{-;�ini� 1lt�n}-l�I e J3 ?; ikic-Lttl}c-4ei� Wined-�,��i-11-I�e�i+Diet-tl�e-Ll�e-ef=tl�e-l-3repe►-hLl}}L-net-�lle��i+tg=-thc�-f�lle-���n�� L+se The Owners proffer to prohibit the following land Uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use • Automotive dez+lela, Dealers and Gasoline Service Stations • Gasoline e ,•tat; , (pM S-dt-e lemenee : tores „lt, ,ems) • Hotels and motels • Car washes • Golf driving ranges and miniature golf courses • Commercial Batting &age-s Cages Operated OLIWOOrs • Membership organizations • Civic, Social and fraternal organizations • FLlneral homes & Crematoriums • Drive- ;=,-0=,eaters (Note: Not permitted in 132 District) • Adult Retail Uses SIC Code 55 701 7542 7999 No SIC 86 86 726 No SIC REZONING REQUESTPROFFER Property Identification Number 75-((A))-104, 105 & 107 "Tasker Road and Warrior Road Commercial" Page 2 Restricted Hours of' Operation TI3e mnc�e+ignecf-t��fjc}H��Rntf�ti1 abc�e ele=;eribecf pr�peltj�f�e�el�j�1Hftit3ta+tf})rci(=lerft��zit-it=tf�e ��e�tr-Ef-afsrt+per-t�i�ers-f+;>�I�+ecfer-i�l: C-Hunt-y�il�,�il�i�rappr<��es-tl��refen-i-� � '•�c ���,, "�-e-�-}-)yin-� alHFtg Tasf rl tcf-its-N�t1 E)f�e ttHt lagi Ee,Fia1-r� „r r:. e4c4c r Vii-gini I'.• .,,-f�;� tH B 2, [lie ,•hid! . 11HtH=S HI Hpek=i�{if el see I'.•.,.,, t� 44 00-p-*i--t-(-fl0-a- ffl- The Owners proffer to resti•ict 11ours of operation for the following land uses that are permitted within the I3-2, Business General District portion of the Property by requiring the businesses to be closed to the public from 1 1:00 PM to 6:00 AM: Land Use SIC Code Eating and Drinking Places 58 Miscellaneous Repair Services 76 Amusement and Recreational Services Operated Indoors 79 I�el-s-tH-b�Rc�ettecl-13-2 The under-signed,who -owns hefeb}-VH BertrrriT��Tcr�)�i-'stiiH}'.`rI{'i1--I-'i�CEi4-'fiHl'�,.Hii'n%`� r-rrsrmcrc[li1)ifficTthe rezoning, ol'.5.6774-aeres,-y b �r1�i��=Tz}�k-er-I�c>ad-+r�-1 lie-(�peEi a en-Mzigi uteri a l-I� i�t��iet-H1=FteEler iearC-Httt�t�4r��i-ni a--fit-c��t3--I�-I�H }3-zN3e unde{�;i ;ned-+eclt+ees ta��-re erring-re'gt+est 1�} el+� inz}�rr���pa�tel-1 as shH4ie-a+aehc-d );tin entitled "Taskerd-tl-WaW. r11;1'r •,I e n •. Monetary Contribution to Offset Impact of' Development Tl-ie-ut}det�i�nec-}��hH���rr,;-t-he-abc}v�-cleseribcEl-p+Hpe►-tyLl�erel�� ^I".�,z„7ta;-ilk=px�f�',..•��-i-�t�ie Boni-d ) L&+per , 1, • the C-c�i�nt� cat=lirt lc rfcl `�: it- ire«; «Ttile!.eFE)„ ., .,ere lying„I„ ., 'r, I„� • n tl nn„ st„ „I Dist.• ct l-rrLflel-iek GOL!Htj, Vi 1'.• 't, i;nc�.i-��i-i ��i�-i-i-ti rie�pe��Hii-c-v ,err c ` ICI? tH-13-2; tl�e-t+nc-ler;�ignec-l-evil-I-I�a3t-to-l1recic�t-ielE-C-Htn}�}t-It�l-t-heS;EeI3�c�t�s--C-it3�-W+e-anEl-l�eseue �HH)p;}n��-Nic�tFi3�-el�Er,.545�7-itt-Ehc-�{-�tl�e-Ehc�fi>�t-buikEi-n� per++}i-E-i�-al->pl-ie�l-fH�attc-l-i�t►ed�- The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick COlinty at the time of lssual)Ce of the Certificate Of OCCupancy Permit for any primary structure constructed on the Property. 0 • f'ND` iAO1971 GREENWAY ENGINEERING October 9, 2018 151 Windy Hill Lane Winchester, VA 22602 Frederick County Planning Department Attn: Candice Perkins, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Tasker Road and Warrior Drive Commercial Properties Rezoning — Comment Response Letter Dear Candice: The following information is provided in response to the review agency comments received from the County Attorney Office and the Planning Department specific to the referenced rezoning. Please note the following: County Attorney Comment 9-18-18 Comment: The proposed application, the proposed proffer statement, and the accompanying materials all suggest that the entirety of both parcels involved is zoned B2, but the County's GIS mapping shows that a portion of Tax Parcel 75-A-104 is zoned RP. Assuming that the portion is still zoned RP, then the application and proffer statement would need to reflect that the rezoning is from RP and B2 with proffers to B2 with revised proffers. Response: It is agreed that Tax Parcel 75-A-104 is a split -zoned parcel and our research indicates that the 5.07± acre subject parcel is comprised of 4.45± acres of B2 District and 0.62± acres of RP District area. Greenway Engineering has revised the Rezoning Application information and the Rezoning Proffer Statement to address this comment. Planning and Development Comment 9-20-18 Comment #1: Provide a redline copy of the proffers that show the original text and proposed changes. Comment #1 Response: Greenway Engineering has prepared a document that provides for the Rezoning Application #002-98 Proffer Statement language that includes Red Font Text for the proposed changes and Blue Font Strike-Thru Text that identifies the language that is proposed to be eliminated. A copy of the Rezoning Application #002-98 Proffer Statement and the Redline Copy of the Proffer Statement is included as an attachment to this letter. Comment #2: The 2035 Comprehensive Plan identifies these properties with a commercial land use designation. The current zoning of the properties is consistent with the Comprehensive Plan. Engineers Surveyors Planners Environmental Scientists Laboratory Telephone 540-662-4185 Fax 540-722-9528 www.greenwayeng.com Project #6307/1,1_1W C1 i FNDj9;151 Windy Hill Lane GREENWAY Winchester, VA 22602 ENGINEERING Comment #2 Response: Agreed Comment #3: Warrior Road should be changes to Warrior Drive. Comment #3 Response: The Rezoning Application information and the Rezoning Proffer Statement have been revised to change Warrior Road to Warrior Drive. Comment #4: The fee for this application would be $1,000.00 (proffer amendment). Comment #4 Response: A $1,000.00 application fee will be submitted for the final Rezoning Application information. Please review the attached information and advise me if the comments identified in this letter have been addressed so we can proceed with formal filing in order to process this request for consideration by the Planning Commission and Board of Supervisors. Sincerely, 1 Evan Wyatt, Director of Land Planning Greenway Engineering Cc: Rod Williams, Frederick County Attorney Beverley B. Shoemaker, Bowman -Shoemaker Companies, Inc. & Tasker-Warrior Properties, LLC Attachments Engineers Surveyors Planners Environmental Scientists Laboratory Telephone 540-662-4185 Fax 540-722-9528 www.greenwayeng.com Project #630;/RAW Evan Wyatt From: Candice Perkins <cperkins@fcva.us> Sent: Monday, October 15, 2018 12:11 PM To: Evan Wyatt Subject: Tasker/Warrior 13van, I have reviewed the revised package and have no further comments. You can submit the signed proffers and the application fee. i hanks, Candice Candice Perkins, AICP, CZA Assistant Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 Phone: (540) 665-5651 Tax: (540) 665-6395 1?-mail: cperkinsg fcva.us www. fcya.US "We do make a difference - one way or the other. We are responsible for the impact of our lives. Whatever we do with whatever we have, we ]cave behind us a legacy for those who follow." - Stephen Covey 0 • COUNTY of FREDERICK Department of'Planning and Development 540/ 665-5651 Fax: 540/665-6395 September 20, 201 S Mr. Evan Wyatt Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for Tasker Road and Warrior Road Commercial Properties Property Identification Numbers (PINS): 75-A-104 and 75-A-104E Dear Evan: I have had the opportunity to review the draft rezoning application for Tasker Road and Warrior Road Commercial Properties. This application seeks to revise the proffers fi'onl Rezoning #02-95 for 20.56 acres of land. This review is generally based upon the proffer statemcnl dated on August 17, 201S. Prior to formal submission to the County, please ensure that these comments and all review agency continents are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of' the submission. 1. Redline Proffers. Provide a redline copy of the proffers that show the original text and proposed changes. 2. Southern Frederick Area Plan. The 2035 Comprehensive Plan and the Southern Frederick Area Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies these properties with a commercial land use designation. The current Zoning ofthe properties is consistent with the Comprehensive Plan. 3. Project Name. Warrior Road should be changed to Warrior Drive. 4. Fees. Based on the feces adopted by the Board of Supcl-visors on April 23, 2008, the rezoning lee for this application would be S 1,000 (proffer amendment). All of the above comments should be appropriately addressed before Staff can accept (Ills rezoring a1)l)11catl0n. Please feel flee l0 C011lael Ille with (1lICSlIol1S regarding this application. Sincerely, Candice E. Perkins, AICP, CZAS Assistant Director CEP/pd R E C 114 E 0 SEP 24 2-018 GREENWAY ENGINEERING Evan Wyatt From: Rod Williams <rwillia@fcva.us> Sent: Tuesday, October 16, 2018 8:15 AM To: Evan Wyatt Cc: Candice Perkins Subject: RE: Tasker-Warrior proffer amendment Evan, I have reviewed the revised version of this item, dated October 9, 2018, and the materials have addressed my previous comment, noted below. Thank you. From: Rod Williams Sent: Tuesday, September 18, 2018 2:00 PM To: Evan Wyatt <ewyatt@greenwayeng.com> Cc: Candice Perkins <cperkins@fcva.us> Subject: Tasker-Warrior proffer amendment Evan, You have submitted to Frederick County for review a proposed proffer statement, for a contemplated proffer condition amendment rezoning of Tax Parcels 75-A-104 and 75-A-104E. I have now reviewed the proposed proffer statement and it is my opinion that the proposed 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 comment: The proposed application, the proposed proffer statement, and the accompanying materials all suggest that the entirety of both parcels involved is zoned B2, but the County's GIS mapping shows that a portion of Tax Parcel 75-A-104 is zoned RP. I am attaching a copy of the relevant part of the GIS map. Specifically, I direct your attention to the western leg of the parcel, fronting Tasker Road. You will likely want to check with County staff on this. Assuming that the portion is still zoned RP, then the application and the proffer statement would need to reflect that the rezoning is from RP and B2 with proffers to B2 with revised proffers. 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 review will be done by staff and the Planning Commission. Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia@fcva.us 0 s Evan Wyatt From: Rod Williams <rwillia@fcva.us> Sent: Tuesday, September 18, 2018 2:00 PM To: Evan Wyatt Cc: Candice Perkins Subject: Tasker-Warrior proffer amendment Attachments: Tasker-Warrior GIS.pdf Evan, You have submitted to Frederick County for review a proposed proffer statement, for a contemplated proffer condition amendment rezoning of Tax Parcels 75-A-104 and 75-A-104E. I have now reviewed the proposed proffer statement and it is my opinion that the proposed 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 comment: The proposed application, the proposed proffer statement, and the accompanying materials all suggest that the entirety of both parcels involved is zoned B2, but the County's GIS mapping shows that a portion of Tax Parcel 75-A-104 is zoned RP. I am attaching a copy of the relevant part of the GIS map. Specifically, I direct your attention to the western leg of the parcel, fronting Tasker Road. You will likely want to check with County staff on this. Assuming that the portion is still zoned RP, then the application and the proffer statement would need to reflect that the rezoning is from RP and B2 with proffers to B2 with revised proffers. 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 review will be done by staff and the Planning Commission. .me Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia@fcva.us o' d i� 06 a 0 o .b a R.: o o� a 0 w E o 0 � U 1) w o Michiel L. Bryin VSB H15737 116 S. Braddock St Winchester, VA z o 160004426 0 cn THIS DEED, made and dated this 191h day of May, 2016, by and between BOWMAN -SHOEMAKER. COMPANIES INC (formerly known as _IASBO. INC.), a Virginia corporation, party of the first part, hereinafter called the Grantor, and TASKER WARRIOR PROPERTIES. LLC, a Virginia limited liability company, party of the second part, hereinafter called the Grantee. NOW, THEREFORE WITNESSETH: That for and in consideration of the premises and the sum of Ten Dollars ($10.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey, with special warranty of title, unto the Grantee, in fee simple, the following described property, to -wit: All that certain tract or parcel of land, together with all improvements thereon and all rights, rights of way and appurtenances thercunto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, containing 15.7905 acres, more or less, situate at the intersection of Tasker Road (State Route 642) and Warrior Drive, being the remainder of that certain parcel of land containing 17.5836 acres, more or less, and being more particularly described by that certain plat titled "Boundary Survey of the Land of Bowman Shoemaker Companies, Inc. (Tax Parcel 75-A-104E)" dated May 12, 2016, drawn by Ernest S. IIolzworth, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full And being a portion of the lands acquired by Jasbo, Inc. by Deed dated December 16, 1986 of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 634, at Page 499. Subsequent thereto, Jasbo, Inc. changed its corporate name to Bowman -Shoemaker Companies, Inc., as referenced in that certain Certificate of Change of Name of record in the aforesaid Clerk's Office as Instrument No, 070017367. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property conveyed hereby. Tax Map No. 75-A-104E This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have orlapsed. 0- WITNESS the following signature and seal: BOWMAN -SHOEMAKER COMPANIES, INC. BY: 4u z),vy r u ESEAL) Beverley B. hoemaker, President STATE OF VIRGINIA, AT LARGE, City of Winchester, to -wit: The foregoing instrument was acknowledged before me, a Notary Public in and for the State and Jurisdiction aforesaid, this / 9lay of May, 2016 by Beverley B. Shoemaker, President of Bowman -Shoemaker. Companies, Inc. My Commission expires: 7 131 18 'A THIS INSTRUMENT PREPARED BY: Michael L. Bryan, Esquire Bryan & Coleman, P.L.C. 116 South Braddock Street Winchester, Virginia 22601 GiDc.VZo%=mShoemAtr to Tashu W"or 5/17A6 Michael L. Bryan VSB 015737 116 S. Braddock St Winchester, VA Y PUBLIC n n,,,�,, M. Fig' 'WTAFrr'•.�y 2 DUBUC it BEG. # I3a449 c7: mycuoA& I0N ¢ owes �SQ �NnnrrN WC1N/TY MAP 1" = 1000, PARENT TAX PARCEL IDENTIFICATION T.M. 75—A-104E 15.7905 ACRES ZONE B2 USE. VACANT SURVEYOR'S OtR77FICATE l HEREBY CERTIFY THAT THE LAND DELINEATED BY THIS BOUNDARY SURVEY PLAT IS PART OF THE LAND CONVEYED TO BOWMAN —SHOEMAKER COMPANIES, INC. (AS SUCCESSOR TO JASBO, INC.) BY DEED DAZED DECEMBER 16, 1986 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLD?K'S OFFICE IN DEED BOOK 634 PAGE 499. ,lam/Z Zo/6 ERNEST S. rCZWORTH, LS. DATE BOUNDARY SURVEY OF THE LAND OF AI,TH OI,,� BOMWAN-&4"AKER COWAAAES, WC. r CTAX PARCEL 75-A-ME) OPEi?1LION DLSW7,, FREDERICK COUNTY, NRGINH ERNEST S. � SCALE NIA DATE- MAY 12, 2016 Lic. o. 1837 GREENWAYENGTIVEERING, INC. 151 Wmdy Hill Lane Winchester, Virg' bda 22602 SURTelephone: itA (540) 662-4185 GRY r,�x (sao� �aa-�s2a 4806E SHEET' 1 OF 4 ENGINEERING WmVgreenwayeng.com BND 16-05 0 0 NOTES I. 77TLE TO THE PROPERTY SHOWN HEREON IS VESTED IN BOWMAN -SHOEMAKER COMPANIES, INC, (AS SUCCESSOR TO ✓ASBO, INC,) BY DEED 114TED DECEMBER 16, 1986 IN' DEED BOOK 634 PAGE 499 OF THE FREDERICK COUNTY WRG1Nl4 LAND RECORDS. 2. THE PROPERTY IS IDWRED AS FREDERICK COUNTY TAX PARCEL 75-A-104E AND IS ZONED 82. J. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 4. ALL PROPERTY CORNERS ARE 112 INCH IRON REB4R & CAP SET UNLESS OTHERWISE NOTED. 5. NO TITLE REPORT WAS FURNISHED, • EASEMENTS AND OTHER ENCUMBRANCES MIGHT EXIST WHICH ARE NOT SHOWN ALL EASEMENTS SHOWN ON THIS PLAT ARE EXISTING. 6. THE PROPERTY SHOWN HEREON LIES WITHIN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.21 ANNUAL CHANCE FLOODPLAIN PER N.F.1.P. FLOOD INSURANCE RATE MAP No. 51069CO350D, DATED SEPTEMBER 2, 2009. Z THE ORIGINAL BOUNDARY OF TAX PARCEL 75 ,A-104E WAS ESTABLISHED BY A SUBDIVISION OF TAX PARCEL 75-A-104 RECORDED IN DEED BOOK 922 PAGE 875. SUBSEQUENT DEDICATIONS OF AUTUMN GLEN SECTION ONE PHASE ONE (DEED BOOK 919 PAGE 1780) AND WARRIOR DRIVE (INSTRUMENT No. 020006555) HAVE REVISED THE PARCEL BOUNDARY TO THE CURRENT CONRGUR4T70N SHOWN BY THIS BOUNDARY SURVEY. 8. U77LITY LINES AND 7HEIR APPURTENANT STRUCTURES EXIST WITHIN SOME OF THE EASEMENTS SHOWN. MISS, U77UTY MUST BE N077RED BEFORE ANY EXCAVA770N. 9. PARTS OF THIS SITE HAVE BEEN USED FOR STOCKPILING EARTH AND ROCK FROM OTHER LOCA77ONS. LEGEND IRF = 112" IRON ROD FOUND NS =NAIL SET ESMT. = EASEMENT BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE e = CENTERUNE CURVE TABLE CURVE WIUS I ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH TANGENT Cl 673.00' 92.35' 7'51 43" N 40'59'03" E 92.27' 46.25' C2 323.00' 46,53' 8'15'12" N 32'55'36" E 46.49' 23.30' C3 40.00' 62.63' . 90,00,00, N 61'58'40" E 56.57' 40.00 C4 50.00' 87.27' 100'00'00` S 23'Ol'20" E 76.60' 59,59' C5 702.50' 375.87' 30'3920" S 42'18'20" W 371.40' 192.55' C6 827.50 236.96' 16'2425" S 492547" W 236.15' 119.30' SCALE 1971 LINE TABLE LINE BEARING DISTANCE L 1 1 N 28'48'00" E 67.61 ' L2 S 26'SB'90" W ' 46.29' BOUNDARY SURVEY OF THE LAND OF KE `iVMPi WS, ll . (TAX PARCEL 75 A -ME) ENGINEERING FREDERICK COUNTY, NRGINIA DATE: MAY 12, 2016 GREENWAYENGDOERTNG, INC. 151 Windy hill Lane Winchester, Virginia 22602 Telephone: (540) 662-4185 FAX. (540) 722-9528 mm.greemvayeng.cam NTH UC. WO. ��1�88/37 . JIAZO -o 0 CD s. 50' SHARED SEPAR4777N� BUFFER ASPHALT DB 919 PG 1780 APRON 01 I �I STORM STRUCTURE }� /1 III I 1 1 POND 1 A T.M. 75 A-104E BO~-SHOEMAKER m � COMPANIES, INC. DB &N PG 499 15.7905 ACRES Y I ZONE. B2 I 7 l 'A' -� 1 POND I 7 1 50' COMMON SHARED BUFFERT. I 1 & SCREENING ESM}� DB 919 PG 1760 / /NST. No. 040011207 I 1 I / 1 DRAINAGE ESMT. 1 /NST No. 020006555 l GLEN 11 j SEC" 3 t INST. No. 07112071 II i 1 l ± --- M 625" W 372.48' I ---------------------� 1 a ` 100 SoCE (IJv FEET) ' BOUNDARY SURVEY OF THE LAND OF BOWMAHF-9VOEMAKER COWA. AYES, IM .. (TAX PA ra 75 A-1040 LWiEQ" DVSMXT,, FREDERICK COUNT) .WRGIN14 c� APRON I I I 1 1 I I 20, SUJITARY� SEWW ESMT WST A f 0400112071 fll I I I TH 0; SCALE 1'=100' DATE.' MAY 12, 2016 Uc. N6. 1 37 GREENWAYENG17VEER.ING, nvc. 151 Windy Hill Lane rxo ,�, Winchester, Nginia 22602 SURF Telephone: (540) 662-4185 GREE AY FAX- (540) 722-9528 4a06B SHEET 3 OF 4 ENGINEERING www.greenwayeng can CUM — nr 0 100 0 100 15' BELL A1LAN11C—VA E5r4/T. GRAPHIC SCALE (IN FELT) DB 885 PG 1620 i Dr 2 / 1 B� PG i7 S►K%t� 5 1 �� su" SLOPE & DRNAAGE �' 6� £SAIT. DB 839 PG 258 / I NITARY SE SA SEWER ESAH: I �IDB 865 PG 245 i \ / I AREAS OF PONDVNG �1 J L-11 T.M.75A-f04E BOWMAN -SHOEMAKER M634 JPG,DB499 15.7905 ACRES ZONE. B2 J v 10 WATERLINE ESYT. 1 DB 919 PG 1780 ' U I� 50' SHARED BUFFER ARA710N ASPHALT—� APRON NS I I f� DB 919 PG 1780 I _ � I f \ y ` Q: J I. A4 w � �,w a2 STOW irli � SIRUCIUR£ �� v � I POND I i BOUNDARY SURVEY OF THE UND OF B+ *U4Af-&40EMAKER COWAA S, ANC (TAX PARCEL 75 A-104E) A1'E� 0157 WT, RffiM ICK COUNTY, ORMA SCALE 1 =100' DATE.' AIRY 12, 2016 GREENWAYENGINEERING, INC. 151 Windy lR11 Lane tEAY Winchester,Vuginia 22602' Telephone: (540) 662-4185 GRFAX (540) 722-9528 ENGINEERING www.greenwayeng.conz OH0 l U TS a uc. 0. 18 7 s svR� 4806B SHEET 4 OF 4 0 _ • -70 0 V1Kti1MA:rR DERICKCOUNTX.SCT- This instrument of writing was produced to me on _6 "M - at �o i� ,M and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable. ' Clerk Michael 1� Bryan 9 Court Square V Floor Winchester, VA 070OJ7367 w 0 CERTIFICATE OF CHANGE OF NAME THIS CERTIFICATE OF CHANGE OF NAME, by and between JASDO, INC., a Virginia corporation, (for indexing purposes only), and BOWMAN -SHOEMAKER COMPANIES, INC., a Virginia corporation. WITNESSETH: By Certificate of Amendment previously issued by the Virginia State Corporation Commission, effective October 10, 2007, the Articles of Amendment to change the corporate name of Jasbo, Inc. to Bowman -Shoemaker Companies, Inc. was approved by the Virginia State Corporation Commission. A copy of the Certificate of Amendment dated October 10, 2007 issued by the Virginia State Corporation Commission is attached hereto and incorporated herein by reference as if set out in full. WITNESS these signatures and seals: BOWMAN -SHOEMAKER COMPANIES, INC. (formerly known as Jasbo, Inc.) By (SEAL) Beverlc} :hopt ��� �Aii uu+o COMMO ALTH OF VIRGINr 1 :C ITY F My Cormnnalifto Doe 31, 2010 The foregoing instrument was acknowledged before rro on the day of November, 2007 by Beverley B. Shoemaker, President of Bowman -Shoemaker Companies, Inc. My Commission expires: i 31 �G C, . NOTARY PUBLIC M1B/pmn c:WistVasbo CM of Name Chmpc it" MONLAND WmV Public Emycc.______ WW4r "a t1 of Vw0va 303"s er�MNon lapk" Doc St, 2010 0 L COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION C> - AT RICHMOND, OCTOBER 10, 2007 w w The State Corporation Commission has found the accompanying articles submitted on behalf of Bowman -Shoemaker Companies, Inc. (formerly JASBO, INC. ) to comply with the requirements of law, and confines payment of ah required fees. Therefore, It is ORDERED that this CERTIFICATE OF AMENDMENT be issued and admitted to record with the articles of amendment In the Office of the Clerk of the Commission, effective October 10, 2007. The corporation is granted the authority conferred on It by law In accordance with the articles, subject to the conditions and restrictions Imposed by law. STATE CORPORATION COMMISSION ' By A". Commissioner VIRGINM' PREDERICK COUNTUCT. This instrument of writing was produced to me on and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ LY JLL _, and 58.1-801 have been paid, if assessable. 0004 CIPA 07-09-21-0030 AMENACPT CISO436 Micial 1. 0r2Aa 9 Corrt Sq"re 2*1 trMor Wlweheoter, VA O 0 Ca 050027281. THIS DEED OF DEDICATION AND DEED OF EASEMENTS made and dated this 10* day of November, 2005, by and between JASBO. INC„ a Virginia corporation ("Jasbo'), and THE COUNU OF FREDERICK. VIRGIN iA (the "County"). A. Jasbo is vested with fee simple title to that certain tact or parcel of land containing 5.30335 acres, more or less, situate at the intersection of Tasker Road (State Route i1642), Warrior Drive and Macedonia Church Road (Route 756) in Shawnee Magisterial District, Frederick County, Virginia, and being a portion of the lands acquired by Jasbo by that certain Deed dated December 16, 1986, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 634, at Page 499, Tax Map No. 75-A-104 (the "Jasbo Parcel"). B. In connection with the improvement of Warrior Drive, Jasbo has agreed to dedicate a portion of the Jasbo Parcel containing 0.22709 acres, for public street purposes, designated as "9,892 Sq. Ft. or 0.22709 Ac. Hereby Dedicated for Public Street Purposes" on that certain plat titled "Plat Showing Dedication & Various Easements on the Property of Jasbo, Inc." dated October 19, 2005, drawn by Bradley T. Riggleman, L.S. (the "Plat"), which Plat is attached hereto and incorporated herein by reference as if set out in full. C. Jasbo has further agreed to dedicate storm drainage easements, grading and temporary construction easements, as described on the attached Plat, as more fully set forth hereinafter. NOW THEREFORE WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid by each of the parties hereto unto the other, the receipt and sufficiency of which is hereby acknowledged, and other consideration deemed adequate at law, the parties do hereby agree as follows: out in full. The Recitals are incorporated herein and made a material part hereof as if set Jasbo hereby dedicates to the County for public street purposes that certain parcel of land containing 9,892 square feet or 0.22709 acres (the "Street Dedication Parcel', being more particularly described on the attached Plat. 0 • 0 0 0 N 3. Jasbo hereby impresses that certain grading and temporary construction easement designated as "Grading & Temp. Const. Esmt." on the attached Plat. 4. Jasbo hereby impresses those certain storm drainage easements designated as "Storm Dm. Esmt. and 20' Storm Drn. Esmt. " on the attached Plat. 5. Jasbo reserves the right to the use of the surface of the lands subject to the Storm Drainage Easements and Grading & Temporary Construction Easement in such manner as will not injure or interfere with the construction, operation, maintenance, repair or reconstruction and/or replacement of utilities within the Storm Drainage Easement and/or Grading & Temporary Construction Easement and any temporary construction activities located therein. 6. The County consents to the dedication of the Street Dedication Parcel for public street purposes as set forth herein, as evidenced by its execution of the attached Plat. WITNESS these signatures and seals: JASBO, INC. By: t dA=zt&V4eA . (SEAL) Beverley . Shoemaker, President STATE OF VIRGINIA, e COUNTY OF o zeall The foregoing instrument was acknowledged before me on the Lo �,aay of November, 2005 by Beverley B. Shoemaker as President of Jasbo, Inc. My Commission expires: �lu y'31 U(v LI a NOTARY PUBLIC MLH/r- Gu.do- Cow* octd ora,a. Mkk*A l.. Bryon 9 Corrt Squirt 2" Floor Winchester, VA V:\projectL2003\03032\Surv\Cadfiles\Offslte Plats\Gfsite-lasbo\30320EP101.dwg, 10/19/2005 8:07:57 AM • 140INITY MAP SCALE:' 1 =2"' s- 1 rrircly 0 4V/Y2LIT I -�_ Inc PLAT77NG 6F THE PROPERTY SHOWN HEREON, FAR THE PURPOSE 6F STREET D£9/6A77CW AND VARIOUS EASEMENTS, IS MADE W7H 7HE FREE CLWS£NT, AND IN ACCORDANCE WWII THE 0£S/RES OF THE UN0IERSIGNE9 ONNER(S) PR0FffETL1RS, AND TRUSTEES, IF ANY, AND AGREE THAT IRON PIPES wu BE SET AS INDICA70 7HUS ---0--- UNDER 7HE SOPERNS/ON OF A LICEWSED LAND SURb£YOR OR ENGINEER I�ili�l•' ? I I STATE CF t COU TY � TO wr. A NOTARY UPL/i N A27 COUNTY AND STALE' AFORESAID, DO HEREBY CERTIFY THAT NNOS£ NAME(S) ARE SIGNED 70 THE FORE06W NX/ANG DA LED HA l£ PERSLWALL Y APPEARED BEFORE M£, IN MY COUNTY AFORESAID, AND AQYNONCEDOLV 7HE SAME. GIWN UNDER MY HAN 7H/S _ DAY Or L 2605. NOTARY PUBLIC MY C6WM/SS/6W EXPIRES +� -, NOTFS 1. BOUNDARY DaINE4 MV HEREOW IS FROM DEEDS 6F RECORD AND AD✓ACENT /NFORMA776W ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VA, 2 At009 NOTE.- ZONE C' CO IN/TY NO.- 510063, PANEL: 0200 B, DATE: 7-17-78 J. ALL AREA WHIN RIGHT-O'r WAY IS HERESY D£O/CA7£D 70 FREOER/QY COUNTY FOR PUR11C 57R£ET PURPOSES. A 7HE PROPERTY DEZ/NEA7E0 HEREON IS SHOW ON FREVERICK COUNTY TAX MAP 75-A-104F, AND IS Z6WfO RP82 5 TEMPORARY CONSTRUC7TOV EASEMENT TO BECO E' NULL AND WO AT SUCH 77ME AS COWS7RU0776N IS COMPLETE DATE: OCTODER 19. 2005 10 west fuYl K.,iy Ddl. mucheetr. VA 2mi (m) "5-ovo (ND) N6-im (►ex) www.bcnneulte.c*m PAGE 1 OF 3 PLAT SHOWING DEDICATION do VARIOUS EASEMENTS ON THE PROPERTY OF JASK INC. SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, MRGINIA OF H WAND T. RIOU W1M t. No.2216 OCT 19 2M OJOJ2.12-2J AA V:\projectL20U3\03032\Surv\Cadtlles\Offsite Flats Le•Jasbo\3yJ,:. _H' 2.dwg, .u, ii, MCS 8.43.31 A.,*. • SURVEYOR'S CER17F/CA /T o 0 BRAOL£Y T. RIGCLEMAN, A DIAL LICENSED LAND SURWY6R IN THE CO MMOVWAL7H CF vRGYNIA, DO HE74£BY C£RAFY THAT THE LAND SHOW HEREON IS NOW IN THE NAME OF JASBO, INC. AS RECOWCO IN OE£O 8" 6J4 AT PACE 499 AMOVG TH£ LANO RECQ40S OF FREDERICK COUNTY, NROINIA AND 7HAT ALL COURSES ARE REFERENCED TO VRCINIA COORDINATE SYSTEM 198J NORTH. -T.-R* 1 1o119/zmr BRADLEY T, RIGGLEMAN, I.S. /2216 DA X LEGEND OB= DEED BOOK EX— EX/STING PG— PAGE" 57M= STGWM EP= EDGE OF PAVEMENT DRN- DRAIN RIW RICH T--CF WAY ESMT,— CASEMENT AREA MSULA 77ON PIN 475—A-104E 2J1, 014 50. FT. OR 5.JOJJ5 AC 57JPEET DEOIC14776W (9,892) 50. FT. OR (0.22709) AC REMAINDER 221,122 SO. FT. 6R 5.07626 AC CURIE TABLE Xrm MUM 0 .., .. �p ,41 A" 0 rfAM' WRIT =■ll DATE: OCTO9M 19, 2008 PAuews . o fo#wv . SYrrvwn Lr.M6rire ,6rbtt'rea 40 iHt J 61 [u1y Ddre Winebater, PA ZMf (6/6) t66-0476 (640) 665-1e74 (lax) WWVICCORrulli."M PAGE 2 OF 3 PLAT SHOWING DEDICATION & VARIOUS EASEMENTS ON THE PROPERTY OF JASK INC. SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, MRGINIA OF y BRADLEY T. RICGLE W No.2216 OJOJ2.22-2.J AA V:\projectL2003\03032\Surv\Cadfiles\Offslte Plats ffslte-]dsbo\30320EP103.dwq, 10/19/2005 8:41:28 AM • iC-I AA/!l 1/AAIll-! P/ 7 -4 -, •: ;h 0 \ 4) i ♦� 0 MAA 74e CH OAD ' L ( RIV -- —_— EX, EPA 277.19'— — — — _ 1�� -_ EX. F1£LOLOC-----?•'� _ -- I� GAS LINE PAINT A/ARKS APPROX. WC. 61'' ME CENTER 10 OF A 10' SH£NANDOAN GAS Co. EASEMENT 08 874 PG 1,271 v off• ELF Er� 6 S 863928" W J1.64' 20' STOPM ORN. £BAIT ? 4 c�. (Y I -� _ It) 674AOING & 1EAIP. COYST. n1 Z,-W r (SEE NOTF 5) tD , 10.00, O ✓ASBO, INC. RFMA#"R 221,122 .5* fT. 07626 AO M WI 3 9M2 Sat FT. 04 Lt22709 AG I � lAEWMY MM'IAJE17 fta4 PrA X S21 h WSmarr PPi14P1�S£S S 50 E ?56.0.7' 1A W � N797152"E 756 I �� N Esut. �26.9* 2 5TORM DRN 1 12-13 2 Kr 56f�3 _ N 7J'01'02 9%A Np1N RIV ZIM TABLE 4 LAW B£ARWWLA LJ N J2.50 )oo o so HMO L? ly-6j7aw W. Im..00 LJ 180.00 1"- too' L4 16.4<0 DATE: OCT08ER 19. 2005 PAGE 3 OF 3 1 .► Hae*enr . Jbji*f s . Jbnw+on Mille al/a43 d LALrk) Ddrlva Rlsobeaker, tit ZWJ (640) 606-0476 (540) 006-)974 (ra=) nRt.beeonrulla.com PLAT SHOWING DEDICATION do VARIOUS EASEMENT'S ON THE PROPERTY OF JASBO, INC. SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA g.'"v OF Y BRAMY T. ROfGV EW > o.2216 OCyA1'i, ti11JR�, O.JOJ2.22-2J AA VIR(KN A: PRM13RICKCOUNTY. SM 7bb ladnm*ot of wdtiaa woo pra mW iv aye or rwd with oeetliuta of tbeeeq Nowmed wn &dWtted to mooed. T kposed y sec Al4lWd f.,&A_ , awd XI -SDI hm boat pmKirmmmb 1, �CiMk L Rezoning Comments Frederick County Department of Planning & Development Mail to: Fred. Co. Dept, of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 Hand deliver to: Fred. Co. Dept. of Planning & Development North Building, 2"1 Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Planning with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-4185 Winchester, VA 22602 Location of propel-ty: The subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Road CU1-1'el]t Zolling: 82 w/proffers Zoning regUested: 82 wl revised proffers Acreage: 20.86+/- Ac Frederick County Department of Planning & Development Comments: Signature & Date: Notice to Planning Department - Please Return Form to Applicant 34 • 0 t%� "N , GREENWAY E:NGINE:E:RING 151 Windy Hill Lane Winchester, Virginia 22602 TRANSMITTAL Project Name: Tasker/Warrior Commercial Proffer Statement File No: 4806B Date: Fri, Jan 4, 2019 To: FC Planning Attn: Candice Perkins Copied Delivery: ❑ Fed Ex U.S. Mail ❑ Other Urgent F For Your Review Hi Candice, From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 W Courier Pick Up 0 As You Requested E Please Comment Message Please find attached the final Proffer Statement with owner signatures for your use in preparing the information for the January 16th Planning Commission agenda. Thanks, Evan Band Delivery and Pick Vps OnIN: Received by; Please Print Name: Date: V�� D Lu (-i /G, Y4\1� c) -t-, 0 Mike Ruddy From: Sent: To: Subject: Sent from my iPhone Begin forwarded message: Roger Thomas <rthomas.fredcogovpc@icloud.com> Wednesday, January 16, 2019 8:29 PM Mike Ruddy Fwd: Email from Frederick County Website From: webmastr@fcva.us Date: January 8, 2019 at 4:20:52 PM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Email Planning Commission Vice Chairman - Roger L. Thomas Date & Time: 01/08/2019 4:20 PM Response #: 46 Submitter ID: 43150 IP address: 172.24.96.112 Time to complete: 11 min. , 29 sec. Survey Details Page 1 Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Yolanda Miller 2. Your Email yobeta57(a)gmail.com 3. Your Phone Number 540 508 0278 4. Subject Rezoning 1 5. Message Roger Thomas , I am a resident of Autumn Glen and love living here. I am aware of the land adjacent to our neighborhood being considered for rezoning specifically land on corner of Warrior and Tasker. I do not want this land rezoned to permit operation, including but not limited to deliveries between 11pm and 6am. Thank you Yolanda Miller The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management System'"'. Please do not reply directly to this email. ra Mike Ruddy From: Roger Thomas <rthomas.fredcogovpc@icloud.com> Sent: Wednesday, January 16, 2019 8:29 PM To: Mike Ruddy Subject: Fwd: Email from Frederick County Website Sent from my iPhone Begin forwarded message: From: webmastr@fcva.us Date: January 8, 2019 at 10:08:18 AM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Email Planning Commission Vice Chairman - Roger L. Thomas Date & Time: 01/08/2019 10:08 AM Response #: 45 Submitter ID: 43134 IP address: 172.24.96.112 Time to complete: 7 min. , 0 sec. Survey Details Page 1 Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Diane Shipe 2. Your Email Prairiearth@hotmail.com 3. Your Phone Number 5409554346 4. Subject Tasker/Warrior rejoining request. 1 5. Message Hello, I would like to reiterate requests of the neighbors that the corner of Warrior and Tasker that abutts the Autumn Glen subdivision NOT be rezoned to allow commercial activities (including deliveries) between 11pm and 6am. My property at 229 Spanish Oak Rd is the second closest to Warrior Drive; additional noise at night will not be pleasant! Thank you. Diane Shipe The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management System"". Please do not reply directly to this email. Mike Ruddy From: Sent: To: Subject: Sent from my iPhone Begin forwarded message: Roger Thomas <rthomas.fredcogovpc@icloud.com> Wednesday, January 16, 2019 8:29 PM Mike Ruddy Fwd: Email from Frederick County Website From: webmastr@fcva.us Date: January 8, 2019 at 9:48:03 AM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Date & Time: Response #: Submitter ID: IP address: Time to complete: Survey Details Page 1 Email Planning Commission Vice Chairman - Roger L. Thomas 01/08/2019 9:48 AM 44 43133 172.24.96.112 23 min. , 17 sec. Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Brittany Detwiler 2. Your Email britindav4e@comcast.net 3. Your Phone Number 540-664-8271 4. Subject Tasker Rd/Warrior Dr Project (REZ 04-18) 1 5. Message Good Morning Mr. Thomas, I am writing to express my concerns over rezoning of the property at Tasker Road and Warrior Drive. My yard backs the property on Warrior Drive, we are located at 223 Lynn Drive, if deliveries are made before Gam or after 11pm it will disrupt the peacefulness of neighborhood, allowing a 24 hour business will do the same. Although this neighborhood is mostly 55+ my husband and myself are well below that and our daughter, we work everyday and she goes to middle school, we are usually in bed by 9 pm, with the added noise even up to 11pm it will make things difficult. Please take this in to consideration, we did not move into Autumn Glen to be surrounded by 24 hour businesses, early morning dumpsters banging or late night deliveries. Sincerely, David & Brittany Detwiler 223 Lynn Dr. Stephens City, VA 22655 The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management SySternTM. Please do not reply directly to this email. Mike Ruddy From: Sent: To: Subject: Sent from my iPhone Begin forwarded message: Roger Thomas<rthomas.fredcogovpc@icloud.com> Wednesday, January 16, 2019 8:30 PM Mike Ruddy Fwd: Email from Frederick County Website From: webmastr@fcva.us Date: January 7, 2019 at 11:58:21 AM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Email Planning Commission Vice Chairman - Roger L. Thomas Date & Time: 01/07/2019 11:58 AM Response #: 42 Submitter ID: 43113 IP address: 172.24.96.112 Time to complete: 55 min. , 40 sec. Survey Details Page 1 Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Peggy Ramsay 2. Your Email peggVramsav@comcast.net 3. Your Phone Number 540-869-9696 4. Subject REZ 04-18 - update 1 Message CAN YOU HELP US, OR AT LEAST REPLY TO THIS EMAIL? The modified proffer on REZ 04-18, dated 1-3-2019, is NOT what Greenway Engineering promised Autumn Glen. Will having one HOA rep at the Jan. 16 Planning Commission meeting change this? Currently, no establishment can operate between 11 PM and 6 AM on the land referenced by REZ 04-18.. REZ 04-18 would permit establishments to operate between 11 PM and 6 AM (with a few exceptions). This is not acceptabl to Autumn Glen. Representatives of Autumn Glen HOA (Allen Grimm and David Vincent) met with the representative of Greenway Engineering (Evan Wyatt - 662-4185). Evan agreed to modify his proffer so no operations would be permitted between 11 PM and 6 AM. Greenway provided a modified 1-3-2019 proffer, but it did not address operations of establishments. It only limited DELIVERIES, not operations. This is NOT what Greenway agreed to. Autumn Glen residents adjoining this land were not made aware of the public hearing, because the County did not require the builder, Don Arnold, to deed the "common area" land to the HOA. So Don Arnold was informed, but not the HOA. It wa therefore the fault of the county, and not the HOA, that we were not present at the public hearing on REZ 04-18. Now we are told by Candice) that "there are no more public meetings on this," and that we can have ONE HOA rep speak briefly at the beginning of the Jan. 16 meeting. Will that be enough to defeat REZ 04-18 operations clause? Candice Perkins is aware of this situation. Mark Cheran is working on Don Arnold. Can you please educate us as to our chances on limiting operation for ALL establishments? Thank you. Peggy Ramsay 869-9696 The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management System"". Please do not reply directly to this email. Mike Ruddy From: Roger Thomas <rthomas.fredcogovpc@icloud.com> Sent: Wednesday, January 16, 2019 8:30 PM To: Mike Ruddy Subject: Fwd: Email from Frederick County Website Sent from my Phone Begin forwarded message: From: webmastr@fcva.us Date: January 2, 2019 at 11:11:07 AM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Email Planning Commission Vice Chairman - Roger L. Thomas Date & Time: 01/02/2019 11:11 AM Response #: 39 Submitter ID: 43040 I address: 172.24.96.112 Time to complete: 17 min. , 50 sec. Survey Details Page 1 Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Peggy Ramsay 2. Your Email peggyramsav@comcast.net 3. Your Phone Number 540-869-9696 4. Subject REZ 04-18 1 5. Message Autumn Glen HOA is requesting that the hours of operation NOT be changed to 24/7. Our representative, Allen Grimm of Coventry, met with Evan Wyatt of Greenway Engineering on Dec. 12 to express these concerns. Apparently, Evan assured Allen that they would not continue requesting that the stores remain open 24/7. Has Greenway notified you of this meeting and of the change to the request? When is the next public meeting where we can attend and voice our concerns? Is it Wed., Jan. 16? Peggy Ramsay 869-9696 The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management System"". Please do not reply directly to this email. 2 Mike Ruddy From: Roger Thomas<rthomas.fredcogovpc@icloud.com> Sent: Wednesday, January 16, 2019 8:30 PM To: Mike Ruddy Subject: Fwd: Email from Frederick County Website Sent from my iPhone Begin forwarded message: From: webmastr@fcva.us fcva.us Date: January 1, 2019 at 4:41:38 PM EST To: rthomas.fredcoRovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Email Planning Commission Vice Chairman - Roger L. Thomas Date & Time: 01/01/2019 4:41 PM Response #: 38 Submitter ID: 43033 IP address: 172.24.96.112 Time to complete: 18 min., 16 sec. Survey Details Page 1 Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name John Clawson 2. Your Email divotmaker 99@vahoo.com 3. Your Phone Number 5403366080 4. Subject Re -zoning - Tasker & Warrior 1 5. Message Mr. Thomas, I am a resident of the Autumn Glen community and have been since 2002. My residence is on Lynn Dr, and faces the cornet property that is under a rezoning request to permit 24 hour a day business operations. Since this proposed development is directly connected to a senior residential community, I feel it would be a great detriment to current and future residents of Autumn Glen, if the 24 hour a day business operations permit is granted. I believe the current zoning and operations restrictions is in the best interest of my community and Frederick County. by permitting 24 hour a day businesses to operate, this I believe will reduce the property values of mine and other Autumn Glen properties. Our properties are a mor reliable source of tax revenues for the county than the proposed businesses. I moved into the Autumn Glen community in 2002, and was one of the early residents. I watched the property in question go from a small woods, to a bulldozed, stripped clean lot, to a dump for the overburden of the Musket Ridge, and Camp at Mosbey developments. That should not have been allowed. But it happened and now this proposal will put downward pressure on property values. If the proposed developer submits that there is a 24 hour business operation on the opposite corner (The Exxon HandyMart), that is true. But that operation is physically separated from Musket Ridge by waterways„ a treeline, much more distance, and is the only business operating in such a manner. There lights are lower to the ground, and they take car to bring in there stocking trucks during normal business hours. I am not convinced the new developer would take those precautions, and the property in question is directly adjoining Autmumn Glen with no waterways, no distance separation, and no road separation I am respectfully asking that the planning board not approve a change in the zoning permit to allow 24 hour business operations. John Clawson The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management System"". Please do not reply directly to this email. Mike Ruddy From: Sent: To: Subject: Sent from my iPhone Begin forwarded message: Roger Thomas<rthomas.fredcogovpc@icloud.com> Wednesday, January 16, 2019 8:29 PM Mike Ruddy Fwd: Email from Frederick County Website From: webmastr@fcva.us Date: January 9, 2019 at 6:50:25 PM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Email Planning Commission Vice Chairman - Roger L. Thomas Date & Time: 01/09/2019 6:50 PM Response #: 47 Submitter ID: 43172 IP address: 172.24.96.112 Time to complete: 7 min., 4 sec. Survey Details Page 1 Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Mark and Nancy Gunderman 2. Your Email gunderman2001@aol.com 3. Your Phone Number 703-424-3953 4. Subject Tasker Rd/Warrior Dr Project (REZ 04-18) i S. Message My wife Nancy and I do not want this land rezoned to permit any operation, including but not limited to deliveries, betwee the hours of 11 PM and 6 AM. Dear Autumn Glen Homeowner, We are residents of Autumn Glen and cannot attend the upcoming Planning Commission Meeting where they will discuss the Tasker Rd/Warrior Dr Project (REZ 04-18) at 7pm on Wednesday, January 16th. The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management System1m. Please do not reply directly to this email. N Mike Ruddy From: Sent: To: Subject: Sent from my Phone Begin forwarded message: Roger Thomas<rthomas.fredcogovpc@icloud.com> Wednesday, January 16, 2019 8:27 PM Mike Ruddy Fwd: Email from Frederick County Website From: webmastr@fcva.us Date: January 14, 2019 at 6:55:55 PM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Date & Time: Response #: Submitter ID: IP address: Time to complete: Survey Details Page 1 Email Planning Commission Vice Chairman - Roger L. Thomas 01/14/2019 6:55 PM 51 43234 172.24.96.112 9 min. , 18 sec. Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Joan Callahan 2. Your Email a oankcallahan@gmail.com 3. Your Phone Number 5408688445 4. Subject Warrior/Tasker Development 1 5. Message Mr. Thomas, As a resident of Autumn Glen, I have many concerns about the development of this land. There seems to be a great deal of confusion regarding whether the property has been sold, what buildings may go in, what restrictions can be applied to the building, and who owns the perimeter closest to Autumn Glen I hope that you can respond to me with some concrete information. I plan to come to the meeting on Wednesday. Thank you, Joan Callahan The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management SystemTM. Please do not reply directly to this email. 2 Mike Ruddy From: Sent: To: Subject: Sent from my iPhone Begin forwarded message: Roger Thomas<rthomas.fredcogovpc@icloud.com> Wednesday, January 16, 2019 8:28 PM Mike Ruddy Fwd: Email from Frederick County Website From: webmastr@fcva.us Date: January 14, 2019 at 5:44:19 PM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Email Planning Commission Vice Chairman - Roger L. Thomas Date & Time: 01/14/2019 5:44 PM Response #: 50 Submitter ID: 43233 IP address: 172.24.96.112 Time to complete: 3 min. , 18 sec. Survey Details Page 1 Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Phyllis & Garth Ganow 2. Your Email Pganow42@gmail.com 3. Your Phone Number 540-869-2623 4. Subject REZ 04-18 Tasker Rd/Warrior Dr 1 5. Message To: Frederick County Planning Commission Subject: REZ 04-18 Tasker Road/Warrior Drive My husband and I live at 226 Lynn Drive in the Autumn Glen subdivision bordering the Tasker Road/Warrior Drive development. We do not want this new development rezoned to permit any operation, including deliveries (tractor trailers and trash pickup between the hours of 11 PM and 6 AM. • This new development is in the backyard of multiple homeowners in our subdivision. • Approximately 90 percent of our homeowners in Autumn Glen are retired. This is a very peaceful and desirable community. • The rezoning could affect the value of all the properties in Autumn Glen. Additional concerns: The Autumn Woods LLC common area adjoining the new development should have been transferred over to Autumn Glen years ago. Per Candice Perkins, the county is working with the owner, Don Arnold, to transfer ownership of the common area to Autumn Glen. Autumn Glen's property manager, Allen Grimm, and our HOA Treasure, David Vincent, met with Evan Wyatt of Greenway Engineering to discuss the rezoning application and Autumn Glen's concerns with the following future site development items: • Ensure lighting is shielded & directed downward to prevent lighting glare & spill over onto adjoining Autumn Glen properties. • Buffer distance, barrier and trees between our homeowners and the commercial property. • Ensure storm water does not back up, dam up or flood adjoining properties. Please understand how the rezoning of the Tasker Road/Warrior Drive development can affect our community. Sincerely, Phyllis and Garth Ganow 226 Lynn Drive, Autumn Glen Subdivision Stephens City, VA 22655 The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management SystemTM. Please do not reply directly to this email. Mike Ruddy From: Sent: To: Subject: Sent from my iPhone Begin forwarded message: Roger Thomas<rthomas.fredcogovpc@icloud.com> Wednesday, January 16, 2019 8:28 PM Mike Ruddy Fwd: Ernail from Frederick County Website From: webmastr@fcva.us Date: January 13, 2019 at 1:46:56 PM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Email Planning Commission Vice Chairman - Roger L. Thomas Date & Time: 01/13/2019 1:46 PM Response #: 49 Submitter ID: 43204 IP address: 172.24.96.112 Time to complete: 7 min., 58 sec. Survey Details Page 1 Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Mary & Herb Sturm 2. Your Email himcsturm@gmail.com 3. Your Phone Number 5408691812 4. Subject Rezoning Application ##04-18 1 5. Message Roger L. Thomas, First of all, thank you for tabling Rezoning Application 1104-18. We are asking you to deny this rezoning application. This property was previous zoned for commercial use based on its proximity to residential areas. This has not changed since the original zoning. Therefore, we are requesting that the property zoning remains as is. Thank you for your consideration in this matter. Herb and Mary Sturm 306 Lynn Drive The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management SystemTM. Please do not reply directly to this email. PJ Mike Ruddy From: Sent: To: Subject: Sent from my iPhone Begin forwarded message: Roger Thomas <rthomas.fredcogovpc@icloud.com> Wednesday, January 16, 2019 8:28 PM Mike Ruddy Fwd: Email from Frederick County Website From: webmastr@fcva.us Date: January 13, 2019 at 11:59:56 AM EST To: rthomas.fredcogovpc@icloud.com Subject: Email from Frederick County Website A new entry to a form/survey has been submitted. Form Name: Email Planning Commission Vice Chairman - Roger L. Thomas Date & Time: 01/13/2019 11:59 AM Response #: 48 Submitter ID: 43202 IP address: 172.24,96.112 Time to complete: 17 min. , 13 sec. Survey Details Page 1 Frederick County uses the form below for email communications instead of traditional links within the pages due to the use of software on the internet which collects mail addresses from web pages to send unsolicited commercial email, or "spam". To better assist you, fields marked with an asterisk are required. 1. Your Name Suzanne Grubb 2. Your Email ssgrubb@hotmail.com 3. Your Phone Number 540-508-0089 4. Subject Tasker Rd/Warrior Dr Project 1 5. Message My husband and I reside in Autumn Village. We are very concerned regarding the possible rezoning of this area which coulc allow deliveries between 11PM - 6AM, as the noise and lights are the greatest concern. We hope the restricted time frame remains. We do not want the land in question to be rezoned to permit any operation, including but not limited to deliverie: between the hours of 11 PM and 6 AM. Thankyou The County of Frederick respects your privacy. Other than as required by the Virginia Freedom of Information Act or as may be reasonably anticipated in connection with the conduct of the County business to which your communication relates, Frederick County does not disclose, sell, share or trade any information from communications sent to the County Please note, though, that any written communication, including any e-mail message, sent to a public official and/or employee of Frederick County becomes a public document and may be subject to the Virginia Freedom of Information Act. This means that a copy of any such message could be requested by a citizen, or a member of the media, may be subject to disclosure, and if disclosed could be reprinted and/or used in a public forum by the requestor. If you need immediate assistance or have questions about the Virginia Freedom of Information Act and its impact on this communication, please call (540) 665-5600. Thank you, Frederick County This is an automated message generated by the Vision Content Management System"". Please do not reply directly to this email. N COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 30, 2019 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-18 FOR TASKER ROAD AND WARRIOR DRIVE COMMERCIAL PROPERTIES On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, February 13, 2019, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-18 for Tasker Road and Warrior Drive Commercial Properties, submitted by Greenway Engineering, Inc., to rezone 20.24+/- acres fi•om the 132 (General Business) District with proffers to the 132 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. The properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive in the Opequon Magisterial District and are identified by Property Identification Numbers 75- A-104 and 75-A-104E. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital 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.fcva.us. Sincerely, t Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winclicstcr, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on t � I (,l from the Department of Planning and Development, Frederick Virginia: 75 A - 105 A15 ALIGNING STARS LLC 75 - A- - 104 119 FRITILLARY CT BOWMAN SHOEMAKER LAKE FREDERICK VA 22630 1907 COMPANIES INC PO BOX 480 75 A- 105 A16 STEPHENS CITY VA 22655 0480 REALTY FC LLC 640 WARRIOR DR STE 105 75 A- 104 E STEPHENS CITY VA 22655 4016 TASKER WARRIOR PROPERTIES LLC PO BOX 480 75 - A. - 105 Al STEPHENS CITY VA 22655 0480 2MEXICO LLC 75 A 103 NICHOLS LINWOOD T 1340 MACEDONIA CHURCH RD STEPHENS CITY VA 22655-3707 75 A 105 Al CREGAR ENTERPRISES LLC 14 E PICCADILLY ST WINCHESTER VA 22601 4824 75 A 105 A10 TIMO INVESTMENTS OF VA LLC 13310 TANNERY CT FAIRFAX VA 22033 1418 75 - A - 105 Al2 O'NEIL DAVID M O'NEIL FATEMEH MERCEDEH 7202 CHURCHILL RD MCLEAN VA 22101 2003 75 - A- 105 Al CIO GILLIAN GREENFIELD 14 E PICCADILLY ST WINCHESTER VA 226014824 75 A - 105-A2 RAINBOW REALTY & INVESTMENT INC 21218 EDGEWOOD CT STERLING VA 20165 7626 75 - A 105 A3 WARRIORGIRL777 LLC 640 WARRIOR DR STE 104 STEPHENS CITY VA 22655 4076 75 - A- - 105 A4 TRAN PHONG V TRAN TONY TUNG 21055 DANBURY CT STERLING VA 20164 2432 NCVR PROPERTIES LLC 2227 VALLEY AVE C WINCHESTER VA 22601 2755 — Candice E. Perkins, AICTCZ,7A Assistant Director Frederick County Planning Dept. STATE OF VIR(ANIA COUNTY OF FRE'DERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Pl� ing and Development, whose name is signed to the foregoing, dated 1 S£ 115 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTAI IV M p,C,TARr :UEUC REGiS'. RATION 0 35447.- COMh^ONAcALTH OF VIRGIN A MY CC".ViSSION EXPIRES DECEMBER-31, 2021 75 - A- - 105-A5 DARVISH SIAMAK DARVISH MERSEDEH 3534 SAINT AUGUSTINE LN OAKTON VA 22124.2433 75 - A- - 105-A6 CAPUANO UMBERTO CAPUANO PERLA 170 DELCO PLZ STE 4 WINCHESTER VA 22602-4371 75 - A- - 105-A7 SUCTEK PROPERTIES LLC 640 WARRIOR DR STE 109 STEPHENS CITY VA 22655-4076 75 - A- - 1 U5-A8 SUCTEK PROPERTIES LLC 640 WARRIOR DR STE 109 STEPHENS CITY VA 22655-4076 75 - A- - 105-A9 CHING YAHUI ETALS 107 FISHERS HILL CT STEPHENS CITY VA 22655-4529 75 - A- - 105-B CITY NATIONAL BANK OF WEST VIRGINIA 25 GATEWATER RD CROSS LANES WV 25313-1408 75 - A- - 105-C H N FUNKHOUSER & CO INC PO BOX 2038 WINCHESTER VA 22604-1238 75 - A- - 105-D JEM VII LLC CIO CVS CORP #1819-01 ATTN P OUR 1 CVS DR WOONSOCKET RI 02895-6146 75D - 4- 4- 110- DILLON CAROL M 108 KEVERNE CT STEPHENS CITY VA 22655-2344 75D - 4- 4- 111- VOLSCHKE GRETCHEN L VOLSCHKE DARRELL J 106 KEVERNE CT STEPHENS CITY VA 22655-2344 75D - 4- 4. 137-B WAKELAND MANOR HOMEOWNERS ASSOC INC 4840 WESTFIELDS BLVD STE 300 CHANTILLY VA 20151.4219 75L - 3- 1- 1-A WHITAKER CURTIS E JR WHITAKER MARY M 100 BAYBERRY CT STEPHENS CITY VA 22655.4048 75L - 3. 1- 6-C AUTUMN GLEN-FREDERICK COUNTY VA HOMEOWNERS ASSOCIATION INC CIO CONVENTRY GROUP PO BOX 2580 WINCHESTER VA 22604-1780 75L - 3- 1- 8-A TOMPKINS JOANNE M 200 LYNN DR STEPHENS CITY VA 22655.4054 75L - 3- 1- 8-B WOLFORD PATSY M HERSH STACY R 202 LYNN DR STEPHENS CITY VA 75L - 3- 1- 9-A VILLENEUVE DORINE IRENE 206 LYNN DR STEPHENS CITY VA 22655-4054 22655-4054 75L - 3- 1- 9-B FLEMING THOMAS H 208 LYNN DR STEPHENS CITY VA 22655-4054 75L - 3- 3- 77-A AUTUMN WOODS LLC 1820 ROBERTS ST WINCHESTER VA 22601-6312 75M - 1- 1- 26-A MOSBY STATION HOMEOWNERS ASSOC INC PO BOX 888 WINCHESTER VA 22604-0888 75M - 2- A- 15- BERENS MATTHEW BERENS FAITH 6485 WILDWOOD LN MIDDLEBURG VA 20117-5318 75M - 2- A- 16- JASINSKI JAMES T 112 QUEENS WAY STEPHENS CITY VA 22655-3734 75M - 2- A- 17- WILLIAMS GARY W WILLIAMS DONNA J 114 QUEENS WAY STEPHENS CITY VA 22655-3734 750 - 4- 6- 261-A WAKELAND MANOR HOMEOWNERS ASSOC INC 4840 WESTFIELDS BLVD STE 300 CHANTILLY VA 20151.4219 75P - 1- 3.207-A OLD DOMINION GREENS HOMEOWNERS ASSOC INC PO BOX 480 STEPHENS CITY VA 22655-0480 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 21, 2018 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-18 FOR TASKER ROAD AND WARRIOR DRIVE COMMERCIAL PROPERTIES On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 5, 2018, at 7:00 pin In the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-18 for Tasker Road and Warrior Drive Commercial Properties, submitted by Greenway Engineering, Inc., to rezone 20.24+/- acres from the 132 (General Business) District with proffer to the 132 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. The properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive in the Opequon Magisterial District and are identified by Property Identification Numbers 75- A-104 and 75-A-104E. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital 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.feva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Strcct, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on I) --:, ( _ from the Department of Planning and Development, Frederick County, rginia: 75 -A- 105-A15 ALIGNING STARS LLC 75 - A- - 104- BOWMAN-SHOEMAKER COMPANIES INC PO BOX 480 STEPHENS CITY VA 22655 0480 75 -A -104E TASKER WARRIOR PROPERTIES LLC PO BOX 480 STEPHENS CITY VA 22655 0480 75 -A 103 NICHOLS LINWOOD T 1340 MACEDONIA CHURCH RD STEPHENS CITY VA 22655.3707 75 - A- - 105 Al CREGAR ENTERPRISES LLC 14 E PICCADILLY ST WINCHESTER VA 226014824 75 -A-105A10 TIMO INVESTMENTS OF VA LLC 13310 TANNERY CT FAIRFAX VA 22033 1418 75 A 105 Al2 O'NEIL DAVID M O'NEIL FATEMEH MERCEDEH 7202 CHURCHILL RD MCLEAN VA 22101 2003 75 -A- 105-A13 NCVR PROPERTIES LLC 2227 VALLEY AVE WINCHESTER VA 226012755 119 FRITILLARY CT LAKE FREDERICK VA 226301907 75 A 105 A16 REALTY FC LLC 640 WARRIOR DR STE 105 22655 4076 STEPHENS CITY VA 75 A 105 A18 2MEXICO LLC CIO GILLIAN GREENFIELD 14 E PICCADILLY ST WINCHESTER VA 226014824 75 A - 105 A2 RAINBOW REALTY & INVESTMENT INC 21218 EDGEWOOD CT STERLING VA 20165 7626 75 - A- 105 A3 WARRIORGIRL777 LLC 640 WARRIOR DR STE 104 STEPHENS CITY VA 77s�r, an7F 75 . A- - 105 A4 TRAN PHONG V TRAN TONY TUNG 21055 DANBURY CT STERLING VA 20164 2432 c�r�;�> Candice E. Perkins, AIC , CZA Assistant Director Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of PI nin and Development, whose name is signed to the foregoing, dated )l7_�_ / g , has personally appeared before me and acknowledged the same in my S to 4nd County aforesaid. Given under my hand this ` day of My commission expires on Irz -yv" L1-10-N tY PUI4MjW DEETER r:OTARY PUBLIC RIGISTRATION035447 i COMMONWEALTH OF VIRGiN MY COMMISSION EXPIRES DECEMBER-31.2021 1 75 - A- - 105-A5 DARVISH SIAMAK DARVISH MERSEDEH 3534 SAINT AUGUSTINE LN OAKTON VA 22124-2433 75 - A- - 105-A6 CAPUANO UMBERTO CAPUANO PERLA 170 DELCO PLZ STE 4 WINCHESTER VA 22602-4371 75 - A- - 105-A6 CAPUANO UMBERTO CAPUANO PERLA 170 DELCO PLZ STE 4 WINCHESTER VA 22602-4371 75 - A- - 105-A7 SUCTEK PROPERTIES LLC 640 WARRIOR DR STE 109 STEPHENS CITY VA 22655-4076 75 - A- - 105-A8 SUCTEK PROPERTIES LLC 640 WARRIOR DR STE 109 STEPHENS CITY VA 22655-4076 75 - A- - 105-A9 CHING YAHUI ETALS 107 FISHERS HILL CT STEPHENS CITY VA 22655-4529 75 - A- - 105-B CITY NATIONAL BANK OF WEST VIRGINIA 25 GATEWATER RD CROSS LANES WV 25313-1408 75 - A- - 105-C H N FUNKHOUSER & CO INC PO BOX 2038 WINCHESTER VA 22604.1238 75 - A- - 105-D JEM VII LLC CIO CVS CORP #1819-01 ATTN P OUR 1 CVS DR WOONSOCKET RI 02895-6146 75D - 4- 4- 110- DILLON CAROL M 75L - 3- 1- 8-A TOMPKINS JOANNE M 200 LYNN DR STEPHENS CITY VA 22655-4054 75L - 3- 1- 8-B WOLFORD PATSY M HERSH STACY R 202 LYNN DR STEPHENS CITY VA 22655-4054 75L - 3- 1- 9•A VILLENEUVE DORINE IRENE 206 LYNN DR STEPHENS CITY VA 22655-4054 75L • 3. 1- 9-B FLEMING THOMAS H 208 LYNN DR STEPHENS CITY VA 22655-4054 75L - 3- 3. 77-A AUTUMN WOODS LLC 1820ROBERTS ST WINCHESTER VA 22601.6312 75M - 1- 1- 26-A MOSBY STATION HOMEOWNERS ASSOC INC PO BOX 888 WINCHESTER VA 22604-0888 75M - 2- A- 15- BERENS MATTHEW BERENS FAITH 6485 WILDWOOD LN MIDDLEBURG VA 20117-5318 75M - 2• A- 16 JASINSKI JAMES T 112 QUEENS WAY STEPHENS CITY VA 22655.3734 75M - 2- A. 17- WILLIAMS GARY W WILLIAMS DONNA J 114 QUEENS WAY STEPHENS CITY VA 22655-3734 1bU - 4- 6. 261-A WAKELAND MANOR HOMEOWNERS ASSOC INC 4840 WESTFIELDS BLVD STE 300 CHANTILLY VA 20151-4219 108 KEVERNE CT STEPHENS CITY VA 22655-2344 75P - 1- 3- 207-A OLD DOMINION GREENS HOMEOWNERS 75D - 4. 4- 111- ASSOC INC VOLSCHKE GRETCHEN L PO BOX 480 VOLSCHKE DARRELL J STEPHENS CITY VA 22655.0480 106 KEVERNE CT STEPHENS CITY VA 22655.2344 75D - 4- 4. 137-B WAKELAND MANOR HOMEOWNERS ASSOC INC 4840 WESTFIELDS BLVD STE 300 CHANTILLY VA 20151.4219 75L - 3- 1- 1-A WHITAKER CURTIS E JR WHITAKER MARY M 100 BAYBERRY CT STEPHENS CITY VA 22655-4048 75L - 3. 1- 6-C AUTUMN GLEN-FREDERICK COUNTY VA HOMEOWNERS ASSOCIATION INC CIO CONVENTRY GROUP PO BOX 2580 WINCHESTER VA 22604-1780 TO:LANCE-DATA PROCESSING FROM: PAM - Planning Dept. Please print sets of labels by N c. v I `-) Zc ! THANKS! Tasker-Warrior Commercial, Rezoning Tax Map Number Owner Mailing Address City & State ZIP Acres Zoning 75 A 103 NICHOLS LINWOOD T 1340 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655 3.47 RP 75 A 104 BOWMAN -SHOEMAKER, COMPANIES INC PO BOX 480 STEPHENS CITY, VA 22655 5.08 RPB2 75 A 104E TASKER WARRIOR PROPERTIES LLC PO BOX 480 STEPHENS CITY, VA 22655 15.79 B2 75 A 105A1 CREGAR ENTERPRISES LLC 14 E PICCADILLY ST WINCHESTER, VA 22601 0.32 B2 75 A 105A10 TIMO INVESTMENTS OF VA LLC 13310 TANNERY CT FAIRFAX, VA 22033 0.16 B2 75 A 105Al2 O'NEIL DAVID M. O'NEIL FATEMEH MERCEDEH 25146 EARSDON TER CHANTILLY, VA 20152 0.231132 75 A 10SA13 NCVR PROPERTIES LLC 2227 VALLEY AVE WINCHESTER, VA 226011 0.19 B2 75 A 10SA15 ALIGNING STARS LLC 119 FRITILLARY CT LAKE FREDERICK, VA 22630 0.22 B2 75 A 10SA16 REALTY FC LLC 640 WARRIOR DR #105 STEPHENS CITY, VA 22655 0.16 B2 75 A 105A18 2MEXICO LLC, C/O GILLIAN GREENFIELD 4114 AVOYER PL LA MESA, CA 91941 0.17 B2 75 A 105A2 RAINBOW REALTY & INVESTMENT INC 21218 EDGEWOOD CT STERLING, VA 20165 0.16 B2 75 A 105A3 WARRIORGIRL777 LLC 640 WARRIOR DR STE 104 STEPHENS CITY, VA 22655 0.16 B2 75 A 10SA4 TRAN PHONG V. TRAIN TONY TUNG 21055 DANBURY CT STERLING, VA 20164 0.16 B2 75 A 105AS DARVISH SIAMAK, DARVISH MERSEDEH 3534 SAINT AUGUSTINE LN OAKTON, VA 22124 0.16 82 75 A 10SA6 CAPUANO UMBERTO, CAPUANO PERLA 170 DELCO PLZ STE 4 WINCHESTER, VA 22602 0.21 B2 75 A 105A7 SUCTEK PROPERTIES LLC 640 WARRIOR DR STE 109 STEPHENS CITY, VA 22655 0.15 B2 75 A 105A8 SUCTEK PROPERTIES LLC 640 WARRIOR DR STE 109 STEPHENS CITY, VA 22655 0.16 82 75 A 10SA9 CHING YAHUI ETALS 107 FISHERS HILL CT STEPHENS CITY, VA 22655 0.32 B2 75 A 105B CITY NATIONAL BANK OF WEST VIRGINIA 25 GATEWATER RD CROSS LANES, WV 25313 2 B2 75 A 10SC H N FUNKHOUSER & CO INC PO BOX 2038 WINCHESTER, VA 226041 3,11 B2 75 A 105D JEM VII LLC, C/O CVS CORP #1819-01 ATTN P DURAND 1 CVS DR WOONSOCKET, RI 28951 2.37 82 75D 44 110 DILLON CAROL M 108 KEVERNE CT STEPHENS CITY, VA 22655 0.46 RP 75D 44111 VOLSCHKE GRETCHEN L, VOLSCHKE DARRELL J 106 KEVERNE CT STEPHENS CITY, VA 22655 032 RP 7SD 441378 WAKELAND MANOR HOMEOWNERS ASSOC INC 4840 WESTFIELDS BLVD STE 300 CHANTILLY, VA 20151 6.29 RP 75L 3 1 lA WHITAKER CURTIS E JR, WHITAKER MARY M 100 BAYBERRY CT STEPHENS CITY, VA 22655 0.26 RP 75L 31 6C AUTUMN GLEN-FREDERICK COUNTY VA, HOMEOWNERS ASSOCIATION INC C/O CONVENTRY GROUP PO BOX 2580 WINCHESTER, VA 22604 3.33 RP 75L 31 8A TOMPKINS JOANNE M 200 LYNN DR STEPHENS CITY, VA 22655 0.27 RP 7SL 31 8B WOLFORD PATSY M, HERSH STACY R 202 LYNN DR STEPHENS CITY, VA 22655 0.22 RP 7SL 31 9A VILLENEUVE DORINE IRENE 206 LYNN DR STEPHENS CITY, VA 226551 0.13 RP • 75L 31 98 FLEMING THOMAS H 208 LYNN DR STEPHENS CITY, VA 226551 0.17 RP 75L 33 77A AUTUMN WOODS LLC 1820 ROBERTS ST WINCHESTER, VA 22601 4.85 RP 75M 11 26A MOSBY STATION HOMEOWNERS ASSOC INC PO BOX 888 WINCHESTER, VA 22604 4.44 RP 75M 2 A 1S BERENS MATTHEW, BERENS FAITH 6485 WILDWOOD LN MIDDLEBURG, VA 20117 0 RP 75M 2 A 16 JASINSKI JAMES T 112 QUEENS WAY STEPHENS CITY, VA 22655 0 RP 75M 2 A 17 WILLIAMS GARY W, WILLIAMS DONNA J 114 QUEENS WAY STEPHENS CITY, VA 22655 0 RP 750 4 6 261A IWAKELAND MANOR HOMEOWNERS ASSOC INC 14840 WESTFIELDS BLVD STE 300 ICHANTILLY, VA 20151 2.79 RP 75P 13 207A JOLD DOMINION GREENS HOMEOWNERS, ASSOC INC I PO BOX 480 ISTEPHENS CITY, VA 22655 1 RP Source: Frederick County GIS,2018 Data Sorted by Tax Map Number COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 21, 2018 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-18 FOR TASKER ROAD AND WARRIOR DRIVE COMMERCIAL PROPERTIES On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 5, 2018, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-18 for Tasker Road and Warrior Drive Commercial Properties, submitted by Greenway Engineering, Inc., to rezone 20.24+/- acres from the B2 (General Business) District with proffer to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. The properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Road in the Opequon Magisterial District and are identified by Property Identification Numbers 75- A-104 and 75-A-104E. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital 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.fcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite P 2 • Winchester, Virginia 22601-5000 1ier�f Tasker-Warrior Commercial, Rezoning TO:LANCE-DATA PROCESSING FROM: PAM - Planning Dept. Please print sets of labels by (Vbv 15, ZOI THANKS! Tax Map Number Owner Mailing Address City & State ZIP Acres Zoning 75-:A-.303 NICHOLS LINWOOD T 1340 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655 3.47 RP 75 A 104 ;. BOWMAN -SHOEMAKER, COMPANIES INC PO BOX 480 STEPHENS CITY, VA 22655 5.08 RPB2 75• • A. IQ4E TASKER WARRIOR PROPERTIES LLC PO BOX 480 STEPHENS CITY, VA 22655 15.79 B2 7S , k,105A1 CREGAR ENTERPRISES LLC 14 E PICCADILLY ST WINCHESTER, VA 22601 0.32 B2 7S A 10SA10 TIMO INVESTMENTS OF VA LLC 13310 TANNERY CT FAIRFAX, VA 22033 0.16 B2 75 A 10SA12 O'NEIL DAVID M, O'NEIL FATEMEH MERCEDEH 25146 EARSDON TER CHANTILLY, VA 20152 0.23 62 75 A 105A13 NCVR PROPERTIES LLC 2227 VALLEY AVE WINCHESTER, VA 22601 0.19 82 75 A 105A15• ALIGNING STARS LLC 119 FRITILLARY CT LAKE FREDERICK, VA 22630 0.22 B2 75. ,:A':105A16: REALTY FC LLC 640 WARRIOR DR k105 STEPHENS CITY, VA 22655 0.16 B2 75 •A 10SA18 2MEXICO LLC, C/O GILLIAN GREENFIELD 4114 AVOYER PL LA MESA, CA 91941 0.17 62 75', A 105A2 RAINBOW R LTY & INVESTMENT INC 21218 EDGEWOOD CT STERLING, VA 20165 0.16 B2 75 A• 105A3 WARRIORGIRL777 LLC 640 WARRIOR DR STE 104 STEPHENS CITY, VA 22655 0.16 B2 75 , A 10SA4 TRAN PHONG V, TRAN TONYTUNG 21055 DANBURY CT STERLING, VA 20164 0.16 B2 75 :A '105AS DARVISH SIAMAK, DARVISH MERSEDEH 3534 SAINT AUGUSTINE LN OAKTON, VA 22124 0.16 B2 75 A 10SA6 CAPUANO UMBERTO, CAPUANO PERLA 170 DELCO PLZ STE 4 WINCHESTER, VA 22602 0.21 B2 75 A 10SA7 SUCTEK PROPERTIES LLC 640 WARRIOR DR STE 109 STEPHENS CITY, VA 22655 0.15 82 75 A 10SA8 SUCiEK PROPERTIES LLC 640 WARRIOR DR STE 109 STEPHENS CITY, VA 22655 0.16 B2 75 A 10SA9 CHING YAHUI ETALS 107 FISHERS HILL CT STEPHENS CiTY, VA 22655 0.32 B2 75 A 105B CITY NATIONAL BANK OF WEST VIRG(NIA 25 GATEWATER RD CROSS LANES, WV 25313 2,132 75 A 105C H N FUNKHOUSER & CO INC PO BOX 2038 WINCHESTER, VA 22604 3.11 B2 75 . A lOSD JEM VII LLC, C/O CVS CORP 01819-01 ATTN P DURAND 1 CVS DR WOONSOCKET, RI 2895 2.37 82 75D . 4110.� DILLON CAROL yi 108 KEVERNE CT STEPHENS CiTY, VA 22655 0.46 RP 75D 44111. VOLSCHKE GRETCHEN L, VOLSCHK"c DARRELLJ 106 KEVERNE Ci STEPHENS CiTY, VA 22655 0.32 RP 75D 44137E WAKELAND MANOR HOMEOWNERS ASSOC INC 4840 WESTFIELDS BLVDSTE 300 CHANTiLLY, VA 20151 6.29 RP 75L 31 1A WHITAKER CURTIS E JR, WHITAKER MARY M 100 BAYBERRY Ci STEPHENS CITY, VA 22655 0.26 RP 75L 31 6C AUTUMN GLEN-FREDERICK COUNTY VA, HOMEOWNERS ASSOCIATION INC C/O CONVENTRY GROUP PO BOX 2580 WINCHESTER, VA 226604 3.33 RP 75L 31 , 8A' TOMPKINS JOANNE M 200 LYNN DR STEPHENS CITY, VA 22655 0.27 RP 75L 3 1 86;: WOLFORD PATSY M, HERSH STACY R 202 LYNN DR STEPHENS CITY, VA 22655 0.22 RP 751. 3 1,.9A V!LLENEUVE DORINE IRENE 206 LYNN DR STEPHENS CITY, VA 22655 0.13 RP 751_ 3 1 98 IFLEMING THOMAS H 208 LYNN DR STEPHENS CITY, VA 22655 0.17 RP .75L 3 3 77A AUTUMN WOODS LLC 1820 ROBERTS ST WINCHESTER, VA 22601 4.85 RP 75M 1 1'26A MOSBY STATION HOMEOWNERS ASSOC INC PO BOX 888 WINCHESTER, VA 22604 4.44 RP 7SM 2 A 15 BERENS MATTHEW, BERENS FAITH 16485 WILDWOOD LN MIDDLEBURG, VA 120117, 0 RP 75M 2 A 16 JASINSKI JAMES T 112 QUEENS WAY STEPHENS CITY, VA 22655 0 RP 7SM ZA17 WILLIAMS GARY W, WILLIAMS DONNA J 114QUEENS WAY STEPHENS CITY, VA 22655 0RP 750 4 6 261A WAKELAND iJANOR HOMEOWNERS ASSOC INC 4840 WESTFIELDSBLVD STE 300 CHANiILLY, VA 20151 2.79 RP 75P 13 207A IOLD DOMINION GREENS HOMEOWNERS, ASSOC INC PO BOX 480 STEPHENS CITY, VA 22655 1 RP Source: Frederick County GIS, 2018 Data `0L_. vim, Sorted by Tax Map Number FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 10/17/18 REQUI_ STED COMPLETION DATE: 11/07/18 REQUESTING AGENT: Pam STAFF MEMBER: Candice TYPE OF MAP: Comp Plan Transportation Locator o✓ TDR Ag & Forest District CIP Other PIN: 75-A-104 & 75-A-104E DESCRIPTION OF REQUEST: Rezoning 1104-18 Tasker Road & Warrior Drive Commercial Property 132 and RP District with Proffers to 82 and RP District with revised proffers Submit COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 NOTIFICATION OF PUBLIC HEARING November 21, 2018 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-18 FOR TASKER ROAD AND WARRIOR DRIVE COMMERCIAL PROPERTIES On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 5, 2018, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-18 for Tasker Road and Warrior Drive Commercial Properties, submitted by Greenway Engineering, Inc., to rezone 20.24+/- acres from the B2 (General Business) District with proffer to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. The properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive in the Opequon Magisterial District and are identified by Property Identification Numbers 75- A-104 and 75-A-104E. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital 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.fcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 5L COUNTY of FREDERICK Departnunt of Planning & Development 107 North Kent Street, Suite 202 Winchester. Vir,inia 22601 VA .'26 rMj; I Hasler 11 '20'2018 • r 1: 75D - 4 4 137-B WAKEIAND MANOR HOMEOWNERS ASSOC INC COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 21, 2018 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-18 FOR TASKER ROAD AND WARRIOR DRIVE COMMERCIAL PROPERTIES On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 5, 2018, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-18 for Tasker Road and Warrior Drive Commercial Properties, submitted by Greenway Engineering, Inc., to rezone 20.24+/- acres from the B2 (General Business) District with proffer to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. The properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive in the Opequon Magisterial District and are identified by Property Identification Numbers 75- A-104 and 75-A- 104E. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital 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.fcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK I)epartment of Planning & I) veluhment 107 North Kent Street. SUitc 202 Winchester, Vir_inia 22601 �11111111V V r\ / �f•V -hf . h � '� • fl Lam.. • M t/ v laJ 75L - 3 3- 71'A AUTUMN WOODS LLC 1820 ROBERTS ST WINCHESTER VA 22601 6312 Hasler 1 1 20 201 $00.4- F zli to to L 'L / L b/ 16 T:i C_ = N D C_ p 1 N A R T (l = 0 R W A R r) .-..� f .F? � 1 � a..Q Q.Q i�Ililli�i�'I{�Ii�lilliiilii�llll���l��li��lll�ll�li�llillilll�l COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 NOTIFICATION OF PUBLIC HEARING November 21, 2018 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-18 FOR TASKER ROAD AND WARRIOR DRIVE COMMERCIAL PROPERTIES On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 5, 2018, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-18 for Tasker Road and Warrior Drive Commercial Properties, submitted by Greenway Engineering, Inc., to rezone 20.24+/- acres from the B2 (General Business) District with proffer to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. The properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive in the Opequon Magisterial District and are identified by Property Identification Numbers 75- A-104 and 75-A-104E. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital 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.fcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of' I'lanning & Development 107 North Bent Street. Suite 202 Winrhr,trr. % ir_inia 22601 a.9_) VIA <1 Vjca 4?A 1.,•) PM q a Hasler 11,20,2018 0 . 750 4 6 261 A WAKELAND MANOR HOMEOWNERS ASSOC INC r $0n.4- COUNTY of FREDERICK Department of'Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 30, 2019 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 04-18 FOR TASKER ROAD AND WARRIOR DRIVE COMMERCIAL PROPERTIES On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, February 13, 2019, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-18 for Tasker Road and Warrior Drive Commercial Properties, submitted by Greenway Engineering, Inc., to rezone 20.24+/- acres from the 132 (General Business) District with proffers to the 132 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. The properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive in the Opequon Magisterial District and are identified by Property Identification Numbers 75- A-104 and 75-A-104E. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital 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.feva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 e Winchester, Virginia 22601-5000 COUNTS' of FREDERICK I)ehartment of Planning & I)cNelopnlrnl 107 North Kent Street. SUlte 202 Winchester, Virginia 22N)I 75L • 3- 3- 77-A AUTUMN WOODS LLC I 1820 ROBERTS ST WINCHESTERVA E a 2 1� Hasler 01 129,2019 US POSTAGE 22601-6312 $00.500 ZIP 22601 011DI1646815 0 5 E .Nf: N U I L) IVEtoABBE AS AD0X SSED INAE-_ Tf = no, WpFD 22601500099 *1417-06797-29-40 �..-�='G4�}�'�i�r„.L„ Il:. Illll:.11.11.i.11llllll.III.II.II.I.IIIII;;;II..II1..11111,. AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia January 16, 2019 7:00 P.M. CALL TO ORDER TAB I) Adoption of Agenda: Pursuant to established procedures, the P1a1111111g C01111111SS1011 should adopt the Agenda for the mecting................................................................ (no tab) 2) Meeting Schedule & Adoption of Bylaws & Roles & Responsibilities 2019 ................. (A) 3) November 7, 2018 and December 5, 2018 Minutes........................................................ (B) 4) Committee Reports.................................................................................................. (no tab) 5) Citizen Comments .................................................................................................... (no tab) ACTION ITEM 6) Rezoning #04-18 for Tasker Road and Warrior Drive Commercial Properties, submitted by Greenway Engineering, Inc., to rezone 20.24-4-/- acres from the B2 (General Business) District with proffers to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. The properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive in the Opequon Magisterial District and are identified by Property Identification Numbers 75- A-104 and 75-A-104E. Ms. Perkins.................................................................................................................... (C) INFORMATION/DISCUSSION 7) 2019-2024 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital projects requested by various County Departments and Agencies. The Plan is created as an informational component of the 2035 Comprehensive Plan. Ms. Perkins....................................................................................................................... (D) 8) Other Adjourn N0 'V,A COUNTY of FREDERICK VA 2210 Department or Planning, & Dc%clopmcnt 09, '19 107 North Kent Street, Suite 202 t>' Winchester, Virginia 22601 ti. T. Me;"-.ull() K• McCandlish Attn: Sh tryr, Robins 1 1 1 1 Main Street, Suite 1500. P.O. I3ox 796 Richmond. VA 2 121g