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HomeMy WebLinkAbout05-16 CB Ventures, LLC PIN 43-A-48A B3 & B2 to B2 - Stonewall - BackfileNOTES +�41-1 EIPT DATE 5 i2C? I Lo NO. 98��2�8 RECEIVED FROM � � �+�w�s L-L L ADDRESS -TO j i�E L��Ct t' S%. 1l1)c Cr ��(� C�1 Tc >1 i i SSG r �C� QLLY hL,I"1C1yE (lir�E l—�o`� I U 8 Cx7 1�— FOR 1 2C~�In� l ( �S CA C) <tne y 8 f-\ ACCOUNT HOW PAID 3- A,- 4 ANIT. OF CASH ACCOUNT AMT. Ch1ECK ` PAID ioH J3�4 BALANCE A10NEl' DUE ORDER BY ©2001 rEDFcRM.®R 8L818 REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List 2 9 1 ) (n -)1D-4t)(P Sys ID # File opened Fee S Sign Deposit Deed Plat/Survey _ Taxes Paid Statement Reference manual updated/number assigned D-base updated Copy of adjoincr list given to staff member for verification Color location maps ordered from Mapping Application Action Summary updated Planning Commission Meeting I3oard of Supervisors Meeting ACTION: c / 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 Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Proffers recorded REZONING APPLICATION 405-16 C13 VENTURES Staff Report for the Board of Supervisors Prepared: ,July 14, 2016 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Planning Commission: 06/15/16 Board of Supervisors: 07/27/16 Action Public Hearing Held; Recommended Approval Pending PROPOSAL: Rezoning H0.5-16 for C13 Ventures LLC., submitted by Grcenway Engineering, to rezone 3.754-/- acres from the B3 (Industrial Transition) District to the B2 (General Business) District, and 1.23+/- acres from the B2 (General Business) District to the B2 (General Business) District with proffers. This property also has an existing IA (Interstate Area Overlay) District designation which permits one interstate overlay sign, this is a high rise sign that allows certain uses such as gasoline stations, restaurants and hotels to be seen from the interstate. LOCATION: The property is located On the south side of Martinsburg Pike (US ROLUC 11) and the northeast side of Amoco Lane (Route 839) at the Southwest quadrant of Interstate 81, Exit 317. EXECUTIVE SUMMARY & CONCLUSIONS FOR THE 07/27/16 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 4.98 acres of land f-orn the B2 (General Business) and B3 (IndUstrialTransition) Districts to the B2 District with proffeIs to accommodate commercial uses. This property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of tlic 2030 Comprehensive Plan. The Northeast Land Use Plan identifies this property with a commercial land Lisc designation. In general, the proposed Commercial zoning is consistent with the current land use supported by the Comprehensive Plan. With this rezoning, the Applicant has pIoffered to COIIStl'L1Ct upgrades to Amoco Lane (Route 839) within the limits of the existing right-of-way to the limits Of their southeastern most commercial entrance and to also provide inter -parcel connection into the adjacent Sheetz property that is currently under construction. The Applicant has also proffered to design and COI1StrL1ct a seweI' pump station, provide for landscaping on the properties fironting Amoco Lane and provide a monetary contribution Of $0.05 per building square foot for Dire and Rescue. Since the Planning Commission meeting on June15, 2016 the Applicant has updated the proffers to address the concerns of' the Frederick COLlnty Sanitation Authority as requested by the Planning COn11111Ssion; specifically language has been added that incorporates the SCADA system as requested. Rezoning B05-16 CB Ventures July 14, 2016 Page 2 The CB Ventures rezoning application is generally consistent with future land use designations of the 2030 Comprehensive Plan and the Northeast Land Use Plan which provicle guidance on the future development of the property. A few elements of the rezoning application have been identified that Should be carefully evaluated to ensure that they fully address the impacts associated with this rezoning request. Following the required public hewing, a decision regarding this rezoning application by the Board of Supervisors would be appi-opivate The Applicant should be prepared to adequately address all concenis raised by the Board of Supervisors. Rezoning #05-16 CB Ventures July 14, 2016 Page 3 This report is prepared by the Frederick Comity Plannning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It maj, also be usefitil to others interested in this zoning matter. Unresolved issues concerning this application are noted I)y staff {vhere relevant throughout this staff report. Reviewed Action Planning Commission: 06/15/16 Public Hearing Held; Recommended Approval Board of Supervisors: 07/27/16 Pending PROPOSAL: Rezoning #05-16 for C13 Ventures LLC., submitted by Greenway Engineering, to rezone 3.75+/- acres from the 133 (Industrial Transition) District to the 132 (General Business) District, and 1.23+/- acres from the 132 (General Business) District to the 132 (General Business) District with proffers. This property also has an existing IA (Interstate Area Overlay) District designation which permits one interstate overlay sign, this is a high rise sign that allows certain uses such as gasoline stations, restaurants and hotels to be seen from the interstate. LOCATION: The property is located on the south side of Martinsburg Pike (US Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of hlterstate 81, Exit 3IT MAGISTERIAL DISTRICT: Stonewall PROPERTY II) NUM13EIZS: 43-A-48A PROPERTY ZONING: 132 (General Business) and 133 (Industrial Transition) Districts PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: 132 (General Business) Use: Commercial South: 132 (General Business) Use: Commercial & Residential East: M I (Light Industrial) Use: Industrial & Interstate 81 West: 132 (General Business) Use: Commercial Rezoning 905-16 CB Ventures July 14, 2016 Page 4 REVIEW EVALUATIONS: Frederick -Winchester Service Authority: Will there be boundaries established for service area of pumping station and will pumping station be designed with capacity in place for that service area. Frederick County Sanitation Authority: Please see the aticichecl letter from Eric Lcnl,rence dated Mcn-ch 23, 2016. Public Works Department: We have completed our review of the proposed rezoning application for CB Ventures, LLC and Offer the following comments: Refer to the Impact Analysis, Suitability of the Site, Other Environmental Features: The entire site is underlain by limestone with pronounced karst features. Indicate if a study has been performed or will be performed to locate any potential sinkhole areas. Refer to the Impact Analysis, Sewage Conveyance and Treatment: The narrative indicates that the Applicant will be responsible for the design and Construction Of a new sewer system that will InCILICIe gravity lines, a pL1111p station and a force IllaiIl to the Red Bud Purnp Station. The proffer statement, paragraph D. Sewer PLIMP Station, should be expanded to include the design and COnStrUCtlOn Of the force Main. In addltioIl, the Applicant should be responsible for obtaining the Casements reClLlil'Cd to COI1StrUCt the force main. A geotechnical study Inlay be required along the proposed alignment because of tlic presence of existing sinkholes. Frederick County Fire Marshall:Plans approved. Winchester Regional Airport: The proposed rezoning is compatible with airport operations. Site plans will be reviewed individually. Virginia Dept. of Transportation: VDOT has completed the review of the subject rezoning; our comments arc found below: The entrance location shown on the GDP for Amoco Lane has not been evaluated by VDOT. We recommend the entrance location shown on the GDP be removed or shown as "potential entrance — final design and location to be determined at the time of site plan submission and requires VDOT approval". We recommend Proffer C. l be revised to included Amoco Lane improvements along the entire frontage rather than only to their entrance. We reCorninend the prOffCr 111CILIcle sidewalk and drainage in addition t0 the CLlrb and gutter. We recommend right-of-way width along property frontage with Arnoco Lane match the existing width of right-of-way at the intersection along Sheetz frontage. (Uniformity On Amoco Lane). Frederick CountyAttorney: Please see the attacheclletterfi•om Roderick B. Gf,'illiams tinted illlarcll d Rezoning #05-16 CB Ventures July 14, 2016 Page 5 2016. Frederick County Planning Department: Please see allached lellers from Candice Perkins dated March 22, 2016 and John Bishop clate(l April 22, 2016. Planning & Zoning: 1) Site History: The original Frederick County zoning neap (U.S.G.S. Winchester, VA Quadrangle) depicts the zoning of the subject parcel as being split zoned B2 (General Business) District and B3 (Industrial transition) District — this zoning Is consistent with the present day zoning on the property. This property also has an existing IA (Interstate Area Overlay) District designation which permits one interstate overlay sign. The IA (Interstate Area Overlay) District is intended to provide commercial businesses within an identified area the ability to utilize business signs that are in excess of the limits specified elsewhere in the "Zoning Ordinance. This flexibility is provided to inform the traveling public of business service opportunities at specific interstate interchange areas. IA Overlay signs are permitted for hotels, restaurants and gasoline stations. 2) Comprehensive Policy Plan: The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan is an official public dOCumC11t that serves as the COIIII Unity'S guide for making decisions regarding development, preservation, public facilities and other key cornpoIlents 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, AppeIldix I of the 2030 Comprehensive Plan, are the primary implemeIltation tool and will be instrumental to the future planning efforts of the County. Land Use The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of this property. The property is located within the SWSA. The 2030 Comprehensive Plan identifies this property with a commercial laird use designation. In general, the proposed commercial zoning is consistent with the Current land use supported by the Comprehensive Plan, subject to the I01lowing comIIlents. Ti-anspoi-latlon and Site Access According to the Applicant's Impact AIlalysis Statement, the preferred option for commercial development includes a hotel and two restaurants. These uses Could generate a total traffic volume iIllpact of 4,365 daily trips. It should be noted that the property currently has a commercial "zoning designation that Could result in a greater traffic voluIlle iIllpact with It's by- Rezoning 05-16 CB Ventures July 14, 2016 Page 6 right use allowances (the site could currently develop with all restaurant uses) than what is currently proposed; therefore a Transportation Impact Analysis (TIA) was not required for this application. Access to this site will be provided via Amoco Lane (Route 839) and through an inter -parcel connection into the Sheetz property that is currently under construction. There will be no direct access to Martinsburg Pike. The Applicant has proffered to design and construct improvements to Arnoco Lane within the existing right-of-way to include pavement mill and overlay to the exiting centerline front the limits of the pavement mill and overlay improvemeIts performed by Parcel 43-A-48 (Sheetz property); and for the installation of curb and gutter along the frontage for the property to the limits of the southcastcrn most commercial entrance serving the property that is developed along Amoco Lane. Staff would note that there is potential for the site's entrance to be at the northwestern edge of the property and therefore minimal Amoco Lane improvements would be constructed. The Applicant should consider Upgrading Amoco Lane along the frontage of their property. Staff Note: Staff and VDOT recommend that the Amoco Lane improvements be extended along the entire Amoco Lane frontage and R-O-W expansion foi- Amoco Lane. 3) Site Suitability/Environment: The subject property does not contain any areas of floodplain, wetlands or other environmental features. This area is, however, known for karst topography and special attention should be paid during development for potential sinkholes and related impacts. 4) Potential Impacts: A. Sewer and Water The Applicant's Impact Analysis Statement projects that the development would require 22,000 gallons per day of water; the FCSA has adequate water supply and pressure to serve the property lip to a maxiI11L1111 anticipated flow of 50,000 gallons per day. The Applicant's Impact Analysis Statement projects that the development could produce LIP to 22,000 gallons per day of' sewage flow. This area currently does not have sewer infrastructure constructed to serve the property. The Applicant has proffered to design an on -site gravity sewer system that will tie into a new sewer pump station located in the southeastern end of the subject property that will also be constructed by the Applicant. This PUMP station will direct effluent from this area to all existing 8-inch sewer force main located approximately 700 feet south of the subject property. The new pump statioIl is anticipated to be designed for 40 gpin with a peak capacity of approximately 52,750 gpd. B. Use According to the Applicant's Impact Analysis Statement, the preferred option for commercial development includes a hotel and two restaurants. It should be noted that these uses are not proffered. The Applicant has restricted six uses as outlined in proffer A Rezoning 1105-16 CB Ventul'es July 14, 2016 Page 7 (see below); however it is unlikely that the majority of these uses would be developed on this property. C. Landscaping and Buffering This property is located in a developing area that contains a number of established residential properties. Special attention should be provided to ensure that the impacts to the adjacent residential properties are considered. The site currently has a row of established trees along Amoco Lane. The Applicant has proffered to provide a landscape buffer on the residential lots across Amoco Lane if desired by the property owners; however there is no commitment to keep the existing vegetation. Staff Comment: Consideration should be given to maintaining the existing mature eve/'green and deciduous tret,'v located along Amoco Lame. Ut/lizin- the existing vegetation, and supplementing if necessary, would be preferable to removal and replacement. 4) Proffer Statement, Dated February 1, 2016, revised May 9, 2016, July 1, 2016: A) Land Use Restrictions: - The Applicant has proffered to prohibit the following uses: • 'Truck Stops • Golf Driving Ranges and Miniature Golf Courses • Social Services • Commercial Batting Cages Operated Outdoors • Fire and Rescue Services • Fire and Rescue Stations • Adult Retail The Applicant has also prof lered to prolliblt metal building constrLICtiOn on the property. B) Transportation Lnllanecnlcllts: 1) "The Applicant has proffered to design and construct improvements to Anloco Lane within the existing right-of-way to include pavement mill and overlay to the exiting centerline from the limits of' the pavement mill and overlay improvements performed by Parcel 43-A-48 (Sheetz property); and for the installation of curb and gutter along the frontage for the property to the limits of the southeastern most commercial entrance serving the property that is developed along Anloco Lane. Improvement sliall be completed prior to the issuance of a certificate of occupancy. 2) The Applicant has proffered t0 provide Intcr-parcel connection t0 Parcel 43-A- 48 (Sheetz property) that will continue into the property from the limits of the inter -parcel connection stub witliin the 3' easement on the adjoining property. Improvement shall be completed prior to the issuance of a certificate of Occupancy. Rezoning #05-16 CB Ventures July 14, 2016 Page 8 C) Sewer Pump Station: The Applicant has proffered to design and construct a sewer pump station and sewer collection system with capacity Sufficient to provide public sewer service for the bUlldOut of tl)e property; as well as the existing residential land uses and the existing commercial land use on the southwest side of Amoco Lane. The sewer pump station will incorporate a SCADA system as a component of the design plans. Should the FCSA determine that a different control System be required subsequent to rezoning approval, it is agreed that the owner can incorporate the different control System without the requirement of modifying this proffer. D) Off -Site Residential Buffer: The Applicant has proffered to provide a landscape buffer consisting of a single row of evergreen trees on the properties fronting along Amoco Lane that are improved as residential land use if desired by the property owner. Plantings Shall occur after site plan approval during the next appropriate planting Season. Monetary Contributions to Offset Impact of Development. A monetary contribution of $0.05 per developed building square foot for County Fire and Rescue Services. PLANNING COMMSSION SUMMARY AND ACTION FROM THE 06/15/16 MEETING: Staff reported this application is to rezone a total of 4.98 acres of land from the B2 (General Business) and B3 (Industrial Transition) Districts to the B2 District with proffers to accommodate commercial uses. Staff stated that the site is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2030 Comprehensive Plan. It was noted the Northeast Land Use Plan identifies this property with a commercial land use designation and the proposed commercial zoning Is consistent With the current land Use Supported by the Comprehensive Plan. Staff explained with this rezoning the Applicant has proffered to construct upgrades to Amoco Lane within the limits of the existing right-of-way to the limits of their southeastern most commercial entrance and to also provide inter -parcel connection into the adjacent Sheetz property that is currently under construction. Staff continued the Applicant has also proffered to design and construct a sewer pump Station, provide for landscaping on the properties fronting Amoco Lane and provide a monetary contribution of $0.05 per building square foot for Dire and Rescue. Staff reported the potential impacts of this rezoning: • Amoco Lane — there is potential for the site's entrance to be at the northwestern edge of the property and therefore minimal Amoco Lane Improvements Would be constructed. • The FCSA requested that this proffer be expanded to include a SCADA (Supervisory Control and Data Acquisition) System that Would coordinate With other pump station on this force main. • Consideration Should be given to maintaining the existing mature evergreen and deciduous trees located along Amoco Lane. Utilizing the existing vegetation, and Suppleiiienting if necessary, Would be preferable to removal and replacement. Rezoning #05-16 CB Ventures July 14, 2016 Page 9 Evan Wyatt with Greenway Engineering reported the intent of this rezoning is the desire for hotel and restaurant land use. Ile stated that regarding the VDOT conlnicrit, when the Applicant originally submitted the rezoning package there was a GDP which showed entrances and connectivity even though it was an older aerial; VDOT requCsted the Applicant eliminate entrance locations oil AIlloco Lane shown on the GDP. Tile rezoning package was updated to eliminate the GDP. I-Ie continued in regards to comments from the Frederick County Sanitation Authority; the Applicant was asked to ensure the pump station and infrasU'ucture that is being designed was not only appropriate for the build out of this property but also the land uses oil Amoco Lane. The Applicant proceeded with the design elements for the pump station and the collection system that has been submitted to VDOT and the Sanitation Authority. I le stated that the purpose of the oversizing of the pump station is the land uses in that area do not have access to sewer that is served by the Sanitation AuthoIity. Mr. Wyatt further reported in regards to the landscaping on and surrounding the property; a neighborhood meeting was held with a good tIII-Ilol.it and positive response fi'orn the surrounding property owners. Fie explained the Applicant will landscape portions of the adjoining properties as a landscape easement. A Commission Membcr inquil'Cd Will the Applicant continuously maintain the mentioned landscaping. rile repress ltativc noted the Applicant has agreed to a one ycar vcgetatloIl I'eplacement and one year maintenance. A Commission Member requested a better explanation of the Fire & Rescue proffer of $0.05 per buildiIlg square fool 'file Applicant's representation commented this is all cconomic developmeIlt project and is cash positive for the County and would benefit Fire & Rescue. A Commission Membcr noted he has been in contact with the Sanitation Authority regarding the proffers and he doesn't feel they are comfortable the way they are currently Written regarding the pump station. The Applicant's representative noted the design submitted does address pump station to include a SCADA. A Commission Member requested clarification on the VDOT comments regarding the entrances. Representation explained the limits of where the entrances can be are where the traffic impacts will be; If AIlloco Lane coItinued oil it may be a different scenario but It stubs out. A Commission Membcr inquired how many houses are affected in regards to the landscaping on Anloco Lane. Tile representative Explained the option has been offered to every pIoperty oil AIlloco Lane that has a residence on it. A Commission Member asked if the SCADA design was included in the design sent to the Sanitation Authority. Mr. Wyatt confirmed this is correct. A Commission Men-ibcr inquired which entrance Will be used for access to the property. Mr. Wyatt clarified it would be accessed off ol'Anloco Lane. A Commission Membcr I'ecornmended tabling this rezoning foI' 60 days. A Commission Member Rezoning 405-16 CB Ventures July 14, 2016 Page 10 inquired what the goal is by tabling for 60 clays and more reasoning needs to be heard. A Commission Member explained there are many unanswered questions in regards to the road, and the proffer to Fire & Rescue. A Commission Member commented he agrees with the road issues and wants to make sure the Sanitation Authority Is Completely satisfied. A Commission Member Commented what Could possibly change with the roads in 60 days. A motion to table RLZ 1105-16 CB Ventures LLC for 60 clays was made and failed by majority vote. An alternative motion was made, seconded, and UnanImOUSly passed to recommend approval with the understanding the Frederick County Sanitation Authority be satisfied prior to the Board of Supervisors Public Hearing. Absent: Dunlap, Triplett, Kenney EXECUTIVE SUMMARY & CONCLUSIONS FOR THE 07/27/16 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 4.98 acres of land from the 132 (General Business) and 133 (Industrial Transition) Districts to the B2 District with proffers to accommodate commercial uses. This property is located within the Sewer and Water Service Area (S WSA) and is located within the limits of the Northeast Land Use Plan of the 2030 Comprehensive Plan. The Northeast Land Use Plan identifies this property with a Commercial land use designation. In general, the proposed commercial zoning Is consistent with the current land use supported by the Comprehensive Plan. With this rezoning, the Applicant has proffered to Construct upgrades to Amoco Lane (Route 839) within the limits of' the existing right-of-way to the limits of their southeastern most commercial entrance and to also provide inter-pareel connection into the adjacent Sheetz property that is currently uncler construction. The Applicant has also proffered to design and construct a sewer pump station, provide for landscaping On the properties fronting Amoco Lane and provide a monetary Contribution of $0.05 per building square foot for Fire and Rescue. Since the Planning Commission meeting On June15, 2016 the Applicant has updated the proffers to address the concerns of the Frederick County Sanitation Authority as requested by the Planning Commission; specifically language has been added that incorporates the SCADA system as requested. The CB Ventures rezoning application is generally consistent with future land use designations of the 2030 Comprehensive Plan and the Northeast Land Use Plan which provide guidance On the future development of the property. A few elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the impacts associated with this rezoning request. Following the required public !rearing, a decision regarding this rezoning application by the Board of Szzpervisozs would be appropriate. Tlie Applicant shozdd be prepared to adequately address all concerns raised by the Board of Supervisors. o.' t� e Applications 9 Parcels Sewer and Water Service Area Building Footprints Bt (Business, Neighborhood District) B2 (Business. General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) • MH1 (Mobile Home Community District) �,' MS (Medical Support District) • OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) c F*CiN WAY Note: REZ # 05 - 16 Frederick County Dept of Planning Devebf • e CB Ventures, LLC 107 07 N Keentt S1 PIN Suite 202 43 - A - 48A Winchester, VA 22� Rezoning from B2. B3 to B2 540 - 665 - 5651 Map Created May 23. 2016 Staffcperkins 0 105 210 420 Feet i It 0�� REZ # 05 - 16 .. I -N CB Ventures, LLC P1 N: 43 - A - 48A Rezoning from B2, B3 to B2 PZ MAI AM, IS44 rl I We. — M�, IKIF 1 41 PPECISfo DP 72 PAC TIV 44 WAY yf Ml 0. MAN LN1 16 INS , MARfINSBURG PIKE Applkat,ons Parcels Sewer and Water Service Area Building Footprints Long Range Land Use Residential �:<: Neighborhood Village Urban Center • Mobile Home Community 0 Business 0 Highway Commercial Mixed -Use Mixed Use Commercial/Office Mixed Use Industrial/Office • Industrial ® Warehouse Heavy Industrial Extractive Mining T�� Commercial Rec �`/J Rural Community Center ® Fire 8 Rescue - Historic ® Institutional - Planned Unit Development 4W Park 7 Recreation School Employment Airport Support Area f'J B2 / 83 O Residential. 4 u/a Q High -Density Residential, 6 u/a O High -Density Residential, 12-16 u/a Q Rural Area Interstate Buffer Landfill Support Area Natural Resources 8 Recreation • Environmental 8 Recreational Resources oEin REZ #05-16 WM HMO` ��O 168 AMOCO IN _ ne AM OCO LN 188 AMOCO LN 198 AMOCO LN 208 AMO - 172 / PAC71V WAY / f � 4f �4 J, MCiN WAY REZ#05-16 CB Ventures, LLC PIN. 43 - A - 48A Rezoning from B2. B3 to B2 Note. Frederick County Dept of Planning & Devi'': e 107 N Kent St Suite 202 Winchester. VA 22, 540 - 665 - 5651 Map Created May 23. 201 t Staff: cperkins 0 105 210 420 Feet PROFFER STATEMENT CB VENTURES, LLC COMMERCIAL DEVELOPMENT Stonewall Magisterial District Frederick County, Virginia TM 43-((A))-48A May 9, 2016 Revised July 1, 2016 Current Owner: CB Ventures, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 Greenway Engineering February 1, 2016 CB Ventures, LLC Rezoning Revised April 25, 2016; Revised May 9, 2016 Revised July 1, 2016 CB VENTURES, LLC COMMERCIAL DEVELOPMENT PROFFER STATEMENT REZONING: RZ#05-16 B-3, Industrial Transition District and B-2 Business General District to B-2 Business General District with proffers PROPERTY: 4.98± acres Tax Map Parcel 43-A-48A (here -in after the "Property") RECORD OWNER: CB Ventures, LLC (here -in after the "Owner") APPLICANT: CB Ventures, LLC (here -in after the "Applicant") PROJECT NAME: CB Ventures, LLC Commercial Development ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters February 1, 2016 July 1, 2016 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 Rezoning Application #05-16 for the rezoning of a 4.98±-acre parcel from the B-3, Industrial Transition District and B-2, Business General District to establish 4.98±-acres of B-2, Business General District with proffers, development of the 4.98±-acre subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such 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 this Owner- and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by CB Ventures, LLC, being all of Tax Map Parcel 43-((A))-48A, as evident by Special Warranty Deed recorded as Instrument #150011639, and further described by ALTA/ACSM Land Title Survey Plat prepared by Greenway Engineering, dated January 26, 2007 (see attached Survey Plat). Pile #202206Aw/foe Greenway Engineering A.) Land Use Restrictions February 1, 2016 CB Ventures, LLC Rezonin; Revised April 25, 2016; Revised May 9, 2016 Revised July 1, 2016 1. The Owner hereby proffers to prohibit the following land uses within the Property: Truck Stops SIC 5541 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Social Services SIC 83 Commercial Batting Cages Operated Outdoors No SIC Indicated Fire and Rescue Stations No SIC Indicated Adult Retail No SIC Indicated 2. The Owner hereby proffers to prohibit metal building construction on the Property. B.) Transportation Enhancements The Owner hereby proffers to design and construct improvements to Amoco Lane (Route 839) within the existing right-of-way to include pavement mill and overlay to the existing centerline from the limits of the pavement mill and overlay improvements performed by the developer of Tax Map Parcel 43-A-48; and for the installation of curb and gutter along the frontage of the Property to the limits of' the southeastern most commercial entrance serving the Property that is developed along Amoco Lane. These improvements will be designed and constructed by the Owner concurrent with the development of the first approved Site Development Plan for the Property and will be completed prior to the issuance of the first Certificate of Occupancy Permit associated with the Property. 2. The Owner hereby proffers to provide inter -parcel connection to Tax Map Parcel 43-A-48 that will continue into the Property from the limits of the inter -parcel connection stub within the 30' ingress/egress easement on the adjoining property. This improvement will be designed and constructed by the Owner concurrent with the development of the Site Development Plan adjacent to the 30' ingress/egress easement on the adjoining property and will be completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. C.) Sewer Pump Station The Owner hereby proffers to design and construct a sewer pump station and sewer collection system with capacity sufficient to provide public sewer service for the buildout File #2022GEAW/Puc 2 Greenway Engineering February 1, 2016 CB Ventures, LLC Rezoning Revised April 25, 2016; Revised May 9, 2016 Revised July 1, 2016 of the Property; as well as the existing residential land uses and the existing commercial land use on the southwest side of Amoco Lane (Route 839). The Owner proffers to design the sewer pump station and sewer collection system in conformance with FCSA standards specifications and construct the sewer line collection system within proximity of the frontage of the Property along Amoco Lane (Route 839) to allow for the off -site land uses to connect to the collection system for access to the sewer pump station at their cost. The sewer pump station will incorporate a SCADA system as a component of the design plans. Should FCSA determine that a different control system be required subsequent to rezoning approval; it is agreed that the Owner can incorporate the different control system without the requirement of modifying this proffer. D.) Off -Site Residential Buffer The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off -site property owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that are a minimum of four feet in height and planted on 10-foot centers in a location acceptable to each property owner. The letter will require the off -site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement provided on the off -site property. The Owner shall install the proffered landscape buffer during the next appropriate planting season and shall be responsible for the replacement of any tree that does not survive for a period of one year from the date of installation. The following off -site properties will receive a leacr from the Owner identifying the various information identified above: Tax Map # 43C-4-1, 43C-4-2, 43C-4-4, 43C-4-5, 43C-4-6, 43C-4-7, 43C-4-8, 43C-4-9 Copies of the off -site property letters will be provided to the Frederick County Planning Department for inclusion in the rezoning project file. D.) Monetary Contribution to Offset Impact of Development 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 each structure approved on the Property. File 112022CA AW/fue 3 Greemvay Engineering F.) Signatures February 1, 2016 CB Ventures, LLC Rezoning Revised April 25, 2016; Revised May 9, 2016 Revised July I, 2016 OWNER SIGNATURE ON FOLLOWING PAGE The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner and the Applicant. 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: CB Ventures, LLC By: � Ned Browning, Manager DA to Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this (day of .J OI 20 I (G by N ecl 6 �m Lo P(� _ Notary Public My Commission Expires � � ,Jy , � ���� DEANNA D PAINTER NOTARY PUBLIC REG. #7135427 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES SEPTEMBER 30, 2020 File 020220F.A W/fue AMENDMENT Action: PLANNING COMMISSION: .11,111e 15, 2016 - Recommended Approval BOARD OF SUPERVISORS: July 27, 2016 - ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05- 16 CB VENTURES, LLC WHEREAS, Rezoning 805-16 of C13 Ventures, LLC, submitted by Greenway Engineering, Inc., to rezone 3.75± acres from the B3 (Industrial Transition) Zoning District to the B2 (General Business) Zoning District, and 1.23± acres from the B2 (General Business) Zoning District to the B2 (General Business) Zoning District with Proffers, filial revision date of July 1, 2016 was considered. The Property is located on the south side of Martinsburg Pike (US Route 1 1) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81, Exit 317. The Property is further identified with PIN 43-A-48A in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning oil Julle 15, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 27, 2016; aIld WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 3.75f acres from the B3 (Industrial Transition) Zoning District to the B2 (General Business) Zoning District, and 1.23± acres fi-om the B2 (General Business) Zoning District to the B2 (General Business) Zoning District with Proffers, final revision date of July 1, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. PDRes #24-16 -2- This ordinance shall be in effect on the date of acloptlon. Passed this 27th clay of July, 2016 by the following reeorcled vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton Robert A. Hess Gene E. Fisher Blaine P. Dunn PDRes #24-16 Robert W. Wells Judith McCann -Slaughter A COPY ATTEST Brenda G. Garton Frederick County Administrator PROFFER STATEMENT CB VENTURES, LLC COMMERCIAL DEVELOPMENT Stonewall Magisterial District Frederick County, Virginia TM 43-((A))-48A May 9, 2016 Revised July 1, 2016 Current Owner: CB Ventures, LLC Contact Person: Evan Wyatt, Director of band Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 Greenway Engineering February 1, 2016 CB Ventures, LLC Rezoning Revised April 25, 2016; Revised May 9, 2016 Revised July 1, 2016 CB VENTURES, LLC COMMERCIAL DEVELOPMENT PROFFER STATEMENT REZONING: RZ#05-16 B-3, 111CILIStrial Traisition District aml B-2 BLsiness GClleral District to 13-2 BLISinesS General District with proffers PROPERTY: 4.98± acres Tax Map Parcel 43-A-48A (here -in after the "Property") RECORD OWNER: CB Ventures, LLC (here -in after the "Owner") APPLICANT: CB Ventures, LLC (here -in after the "Applicant") PROJECT NAME: CB Ventures, LLC Commercial Development ORIGINAL DATE OF PROFFERS: February 1, 2016 REVISION DATE: if,. � July 1, 2016 Prelinihiary Matters Pursuant to Section 1.5.2-2296 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 L111CIC1'SignCCl OWnCI' hereby proffers that In the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #05-16 for the rezoning of a 4.98±-acre parcel from the B-3, Industrial Transition District and B-2, Business General District to establish 4.98±-acres of B-2, Business General District with proffers, devc10pment of the 4.98±-acre SUbject property shall be done ill 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 this Owner and their legal Successors, heirs, or assigns. The Property, more particularly described as the lands owned by CB Ventures, LLC, being all of Tax Map Parcel 43-((A))-48A, as evident by Special Warranty Deed recorded as Instrument #15001 1639, and further described by ALTA/AGSM Land Title Survey Plat prepared by Greenway Engineering, dated January 26, 2007 (see attached Survey Plat). File #f2022C/I:AW/rue Greenway Engineering A.) Land Use Restrictions February 1, 2016 CB Ventures, LLC Rezoning Revised April 25, 2016; Revised May 9, 2016 Revised July I, 2016 1. The Owner hereby proffers to prohibit the following land uses Within the Property: Truck Stops SIC 5541 Golf Driving Ranges and Miniature Golf COL1rSCS SIC 7999 Social Services SIC 83 Commercial Batting Cages Operated Outdoors No SIC Indicated Fire and Rescue Stations No SIC Indicated Adult Retail No SIC Incicated 2. The Owner hereby proffers to prohibit metal building construction On the Property. B.) Transportation Enhancements The Owner hereby proffers to design and construct improvements to Amoco Lane (Route 839) withiii the existing right-of-way to 1I1CIUde pavement mill alld overlay to the existing centerline from the limits of the pavement mill and overlay improvements perfornlecl by the cleveloper o1' Tax Map Parcel 43-A-48; and for the installation of Curb and gutter along the frontage of the Property to the limits O1' the Southeastern most commercial entrance serving the Property that is developed along Amoco Lane. These improvements will be designed and Constructed by the OWner Concurrent With the development of the first approved Site Development Plan for the Property and will be Completed prior to the issuance ol'the first Certificate of Occupancy Permit associated With the Property. 2. The Owner hereby proffers to provide inter -parcel connection to Tax Map Parcel 43-A-48 that Will ContintlC into the Property from the limits Of the inter -parcel Connectloli StUb Wlthlll the 30' higress/egress casement oil the aclloinllig property. This improvement will be designed and constructed by the Owner concurrent with the development of the Site Development Plan adjacent to the 30' ingress/egress easement on the acljohmig property and will be Completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. C.) Sewer Ptiml) Station The Owner hereby proi'I'ers to design and construct a sewer pump station and sewer collection system with capacity sufficient to provide public sewer service for the buildOut File 112022UHAW/rue 2 Greenway Engineering February I, 2016 CB Ventures, LLC Rezoning Revised April 25, 2016; Revised May 9, 2016 RCVISed July I, 2016 of the Property; as well as the existing residential laird uses and the existing commercial land rise OIl the southwest side of Amoco Lane (Route 839). The Owner proffers to design the sewer pump station and sewer collection system in conformance with FCSA standards specifications and construct the sewer- line collection system within proximity of the frontage of the Property along Amoco Lane (Route 839) to allow for the off -site land uses to connect to the collection system for access to the sewer- pump station at their cost. The Sewer pump station will incorporate a SCADA systern as a component of the design plans. Should FCSA determine that a different control system be required SUbScgllCrlt t0 rezoning approval; It is agreed that the Owner can incorporate the different control system without tile requirement of modifying this proffer. D.) Off -Site Residential Buffer The Owner hereby proffers to provide a landscape buffer On tile. properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off -site property owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that are a nlininlunl of four feet in height and planted on 10-foot centers in a location acceptable to each property owner. The letter will require the off -site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement provided on the off' -site property. The Owner shall install the proffered landscape buffer during the next appropriate planting Season and shall be responsible for the replacement of any tree that does not survive for a period of one year from the date of installation. The following off -Site properties will receive a letter from the Owner identifying the various information identified above: Tax Map # 43C-4-1, 43C-4-2, 43C-4-4, 43C-4-5, 43C-4-6, 43C-4-7, 43C-4-8, 43C-4-9 Copies Of the ofl'-site property letters will be provided to the Frederick County Planning Department for inclusion in the rezoning project file. E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution Of 8 9S $0.10 per developed building square loot for COLInty Fife and Rescue services. The monetary contributi011 shall be made payable t0 Frederick C011nty at the time Of iSSUance Of the Certificate of Occupancy Permit for each structure approved on the Property. File 112022CYFAW/fue 3 Greenway Engineering F.) Signatures February I, 2016 CB Ventures, LLC Rezoning Revised April 25, 2016; Revised May 9, 2016 Revised July I, 2016 OWNER SIGNATURE ON FOLLOWING PAGE The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and SUCCCSS01'S in the interest oI the Owner and the Applicant. 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: CB Ventures, LLC By: Ned Browning, Manager Commonwealth of Virginia, City/COU11ty 01 To Wit: The foregoing instrument was acknowledged before me this 20_ by My Commission Expires clay of Notary Public Date File 112022C/I:AW/fue 4 • GOJ,j(Y 8AN/TWI w Q � LL S� 9AT YOURB� FREDERICK COUNTY SANITATION AUTHORITY Post Office Box 1877 Winehester Virginia 22604-8377 March 23, 2016 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 I'll (540) 868-1061 Fax (540) 868-1429 www.fcsa-water.com RC: Rezoning Application Comment CB Ventures LLC Commercial Tax Map Numbers: 43-A-48A 3.75 acres Deal- Mr. Wyatt: Eric R. Lawrence EAecotive Director Thank you Ior the opportunity to offer review comments on the CB Ventures LLC Commercial rezoning application package, dated February 1, 2016. The Frederick County Sanitation Authority (FCSA) offers comments 1imitcd to the aIticipated illlpaCt/CffCCt LIl)011 the Authority's public water and sanitary sewer system and the demands thereon. The project parcels are in the sewer and water service area (SWSA) and are served by FCSA. Based on the project's location both water and sanitary sewer services are available within a reasonable distance from the site. Sanitary sewer treatment capacity at the wastewater treatment plant is also presently available for the application's impact statement anticipated 22,000 gpd. Sanitary sewer conveyance From the site to the existing FCSA sewer system may be challenged due to limited available capacities in the nearby sewer force mains. The October 28, 2015 letter from FCSA to the property owner — Orr Partners, referenced in the project's Impact Analysis Stateinent, certainly offers a potential sewer conveyance solution; the solution was valid as of tile writing of the letter. This solution involves the use of a SCADA system to coordinate introduction of wastewater flows into the sewer force main. The applicant's proffer, dated February I, 2016, to construct a sewer pump station that will serve the site, and be designed with excess capacity to serve adjacent properties, is appreciated. In order to fully implement the solution of the October letter, this pump station should also include \1'ATEIl's WORTH IT Page 2 RE: CB Ventures LLC Commercial Mr. Evan Wyatt March 23, 2016 a SCADA system that is coordinated with other pump stations on this force main. The proffer was silent on the SCADA system component. Please keep in mind that sewer conveyance capacities and water supplies change daily, and with new customer connections bring additional flows. This letter does not guarantee system capacities to accommodate your development proposal. Water and sanitary sewers are to be constructed in accordance with the FCSA standards specifications. Dedicated easements may be required and based on the layout vehicular access will need to be incorporated into the final design. Thank you for the opportunity to offer review comments. Sincerely, Eric R. Lawrence, AICP Executive Director Attached: October 28. 2015 letter Cc: Michael T. Ruddy, AICP, County Planning Department .7 0 0 • '�� COUNTY of FREDERICK Roderick B. Williams County Attorney �pGIN till 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us March 4, 2016 VIA E-MAIL AND REGULAR MAIL Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 Re: Rezoning Application — CB Ventures LLC Rezoning Tax Parcel Number 43-A-48A (the "Property") Proposed Proffer Statement dated February 1, 2016 0 Dear Evan: You have submitted to Frederick County for review the above -referenced proffer statement (the "Proffer Statement") for the proposed rezoning of the Property, 4.98± acres, more or less, in the Stonewall Magisterial District, 3.75± from the B3 Industrial Transition District to the B2 General Business District, with proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: • Scope of Rezoning — Under "Preliminary Matters", you indicate that development of the entire 4.98t acres would be subject to the proffers. As such, it would appear that the rezoning should really be of the entire 4.98± acres, from the B2 General Business District and the B3 Industrial Transition District to the B2 General Business District, with proffers. • Survey Plat -- At the end of the second "Preliminary Matters" paragraph, you indicate that a survey plat is attached, but I did not see an attachment. • Proffer A/Generalized Development Plan (GDP) — On the GDP, there is a red line, in -- •• .-- format around the outside of what appears to be the Property's boundary. What is the significance of that line, as opposed to the solid black line enclosing the orange shaded area that appears to represent the Property? 107 North Kent Street • Winchester, Virginia 22601 Mr. Evan Wyatt March 4, 2016 Page 2 Proffer Cl — The proffer is unclear regarding the length of the pavement section to be milled. It refers to the centerline and the limits of the pavement mill and overlay improvements performed by the developer of parcel 43-A-48, but does not indicate whether the milling would take place along the entire frontage of the Property. Also, the proffer is unclear regarding the extent of the curb and gutter commitment. It indicates "to the limits of the first commercial entrance". Is the area covered only the area from the boundary with parcel 43-A-48 to the entrance or does it also include the frontage to the southeast of the entrance? Proffer D — Staff should be aware that the proffer commits to the design and construction of sewer pump station, but then commits only to the design of the sewer line collection system within proximity of the frontage of the Property along Arnoco Lane. i7iso, tile proffer does not identify responsibility for connecting the sewer pump station to the existing 8-inch sewer force main, which the Impact Analysis Statement indicates is 700 feet to the south of the Property. • Proffer E — The proffer does not state a time period or trigger event for provision of the indicated landscape buffer. • 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. 0 Sincergly, .� G Roderick B. Williams County Attorney cc: Candice E. Perkins, Assistant Director of Planning & Development, Frederick County (via e-mail) LL] Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 March 22, 2016 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for CB Ventures Commercial Property Identification Number (PIN): 43-A-487A Dear Evan: 1 have had the opportunity to review the draft rezoning application for the CB Ventures Commercial Properties. This application seeks to rezone 3.75 acres from the B2 (Business General) and B3 (Industrial Transition) Districts to the B2 (Business General) District with • proffers. The review is generally based upon the proffer statement dated February 1, 2016. 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. Northeast Land Use Plan — Land Use. The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2030 Comprehensive Plan identifies this property with a commercial land use designation. In general, the proposed commercial zoning is consistent with the current land use supported by the Comprehensive Plan, subject to the following comments. Northeast Land Use Plan — Existing Uses. This property is located in a developing area that contains a number of established residential properties. Special attention should be provided to ensure that the impacts to the adjacent residential properties are considered. Please consider enhanced site designs, corridor appearances, landscaping and building design with this application. 3. Pedestrian Accommodations. Please recognize that pedestrian accommodations should also be incorporated into the project. Particular consideration could be given to the signalized intersection of Amoco Lane and Route 11. 0 Page 2 • Mr. Evan Wyatt RE: CB Ventures Commercial March 22, 2016 4. Proffer Statement — GDP. The Generalized Development Plan accompanying the Proffer Statement could be a little more detailed. It would be helpful to include elements such as pedestrian accommodations, building location, loading areas and buffering. 5. Proffer Statement — Uses. Please clarify why Fire and Rescue Stations are a prohibited land use. Consideration should be given to proffering particular uses (restaurant/hotel, etc) instead of proffering out uses. 6. Proffer Statement — Remainder of the Parcel. Proffer C2 obligates the portion of the property that is not subject to the rezoning. The entire 4.98 acres will need to be included with this rezoning application. 7. Proffer Statement — Monetary Contribution. It would be more preferable to specify a lump sum monetary contribution to offset the impact of development, rather than the proffered square footage calculation. 8. Existing Vegetation. Consideration should be given to maintaining the existing mature evergreen and deciduous trees located along the property boundary along Amoco Lane. Utilizing the existing vegetation, and supplementing if necessary, would be preferable to removal and replacement. 9. Landscaping. Additional landscaping and corridor appearance buffering should be provided along the property's frontage with the interstate. Other site design elements, such as building materials, should be included to recognize the visibility of this site to the interstate. 10. Plat. Provide a plat of rezoning that includes a metes and bounds description of the property for which the rezoning is being requested. Also, please provide a deed for the property and verification of taxes paid. 11. Transportation Comments. Please note that transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 12. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Sanitation Authority, Frederick - Winchester Health Department, the local Fire and Rescue Company, the Historic Resources Advisory Board, the County Attorney and the Frederick -Winchester Service Authority. 0 N Page 3 Mr. Evan Wyatt RE: CB Ventures Commercial March 22, 2016 13. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $10,375 based upon acreage of 3.75 acres. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/dw 0 COUNTY of FREDERICK Department of Planning and Development ® 540/ 665-5651 My�RGIA'/ Pax: 540/ 665-6395 April 22, 2016 Ivan Wyatt 151 Windy Hill Lane Winchester, VA 22602 RE: Frederick County Transportation Comment on Rezoning Request for CB Ventures, LLC Commercial Rezoning Dear Mr. Wyatt: I am in receipt of your materials for the rezoning of parcel 43-A-48A for a B2 Rezoning. I would like to offer the following comments and concerns as you proceed with your rezoning I'equest. 1. As you correctly noted the gross differential in potential traffic does not rise to the • level to require a Traffic Impact Analysis under Virginia Chapter 527 regulations. However, please consider the following impacts as you proceed with your rezoning application. a. Analysis of turn lane capacities and potential signal retimings that may be necessary to keep the impacted intersection flowing properly. b. Implementation of the Comprehensive Plan road section across your property frontage. c. Avoid peak hour impacts of construction deliveries and materials movements as you implement the plan for the property. d. Additional items that may be raised by VDOT that I have failed to address. Thank you for this opportunity to comment and I look forward to being of assistance as you proceed with your application. Please let me know if any additional feedback or information is needed. Sincerel John A. Bishop Assistant Director — Transportation JB/pd • cc: rezoning file, Candice Perkins, Michael T. Ruddy 107 North Kent Street, Suite 202 ® Winchester, Virginia 22601-5000 FND#* jV1971 OGREENWAY ENGINEERING • May 2, 2016 151 Windy Hill Lane Winchester, VA 22602 Frederick County Planning Department Attn: Candice Perkins, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: CB Ventures, LLC Commercial Rezoning — Review Agencies Comment Response Letter Dear Candice: The purpose of this letter is to provide you with a comprehensive comment response letter that addresses the CB Ventures, LLC Commercial Rezoning comments received from the various review agencies. The comprehensive comment response letter is structured to provide for the specific review agency, the date the comment was received, and information pertaining to each review comment. This information is intended to explain how specific comments have been addressed by the rezoning application or advise why the specific comment was not included in the proffered development program for the commercial redevelopment project. Frederick -Winchester Service Authority — Comment dated February 9, 2016 ❖ Will there be boundaries established for the service area of the pumping station and will the pumping station be designed with capacityfor that service area? COMMENT RESPONSE: The subject site is located within the Sewer and Water Service Area (SWSA), which is the established boundary for public water and sewer service that is provided by the Frederick County Sanitation Authority (FCSA). FCSA and the City of Winchester have water and sewer infrastructure in this geographic area of the community due to previous development activities; however, FCSA has the first right of refusal for providing water and sewer service for new development in the County. FCSA provided a letter dated October 28, 2015 advising that they had adequate water supply and pressure to serve the property on Amoco Lane up to a maximum anticipated flow of 50,000 gpd. FCSA has also advised that sewage effluent in excess of 4,000 gpd will require the development of a pump station with capacity sufficient to accommodate the subject property and existing residential and commercial properties located along Amoco Lane. The Owner's Proffer Statement provides a commitment for this sewer infrastructure and Greenway Engineering has coordinated with FCSA to prepare design plans for this system. Engineers Surveyors Planners Environmental Scientists Laboratory Telephone 540-662-4185 Fax 540-722-9528 www.greenwayeng.com Project #2022C/EAW Frederick County Public Works — Comment dated February 12, 2016 • ❖ Indicate if a study has been performed or will be performed to locate potential sinkhole areas. COMMENT RESPONSE: The Owner has not performed a study to locate sinkholes to date; however, geotechnical analysis of the development areas on the project site will be performed in conjunction with the construction phase of the commercial redevelopment project. The Impact Analysis Statement has been revised to include a statement to this effect. ❖ The Proffer Statement should be expanded to include the design and construction of the force main and the responsibility of the Owner to obtain easements required to construct the force main. A geotechnical study may be required along the proposed alignment because of the presence of sinkholes. COMMENT RESPONSE: Greenway Engineering and the Owner have been working with FCSA on the development of a sanitary sewer system that will be appropriately sized to allow for public sewer service for the full build -out of the commercial redevelopment project; as well as accommodating the existing commercial and residential land uses that front along Amoco Lane. Greenway Engineering has prepared a design at the Owner's expense that has been submitted to FCSA and VDOT for review and approval. The Owner will work directly with FCSA to implement the construction of this new sanitary sewer system; therefore, it is not necessary to modify the Proffer Statement as suggested by the County Engineer. Frederick County Fire Marshal — Comment dated February 22, 2016 •;• Rezoning Approved. Frederick County Attorney — Comment dated March 4, 2016 ❖ The Proffer Statement is inclusive of the entire 4.98± acres; therefore, this should be reflected in the Preliminary Matter section of the Proffer Statement. COMMENT RESPONSE: The April 25, 2016 Proffer Statement has been revised to reflect the County Attorney's comment. ❖ The Preliminary Matter section references a survey plat that was not included in the review packet. COMMENT RESPONSE: The survey plat will be submitted as information with the formal filing of the rezoning application. Project #2022C/EAW . ❖ Explain the difference between the red line and the black line on the proffered Generalized Development Plan (GDP). COMMENT RESPONSE: The red line is the physical property boundary line and the black line was created to frame the commercial land use area. The proffers are specific to the entire 4.98± acre parcel; therefore, the black line is general and does not reduce the area of the proffered rezoning. Please note that the revised Proffer Statement dated April 25, 2016 has eliminated the GDP as a proffered element of the rezoning application as this document only demonstrated access points for the subject property and the locations of off -site properties that would be provided opportunities for off -site landscape buffering. These design elements are described in the April 25, 2016 Proffer Statement. ❖ Proffer Cl is unclear regarding the length of the pavement section to be milled and to the extent of the curb and gutter commitment. COMMENT RESPONSE: Section Cl of the April 25, 2016 Proffer Statement has been revised to require the pavement mill and overlay and extension of curb and gutter along the property frontage to the limits of the southeastern most entrance serving the property. d• Proffer D does not identify responsibility connecting the pump station to the sewer force main. COMMENT RESPONSE: Greenway Engineering and the Owner have been working with FCSA on the development of a sanitary sewer system that will be appropriately sized to allow . for public sewer service for the full build -out of the commercial redevelopment project; as well as accommodating the existing commercial and residential land uses that front along Amoco Lane. Greenway Engineering has prepared a design at the Owner's expense that has been submitted to FCSA and VDOT for review and approval. The Owner will work directly with FCSA to implement the construction of this new sanitary sewer system; therefore, it is not necessary to modify Section D of the Proffer Statcment. ❖ Proffer E does not state a tine period or trigger event for provision of the indicated landscape buffer. COMMENT RESPONSE: Section E of the April 25, 2016 Proffer Statement has been revised to require the Owner to provide written notice to the off -site property owners within 30 days of Site Plan approval for the first structure to be developed on the property, which requires the off -site property owner to respond within 90 days advising of their desire to have landscaping and their willingness to provide a landscape easement on their property. The Owner is required to install the landscaping during the next favorable planting season and for replacement of landscaping for a period of one-year from the date of installation. Winchester Regional Airport — Comment dated March 22, 2016 d• Rezoning Approved. Project #2022GEAW Virginia Department of Transportation — Comment dated March 22, 2016 is ❖ The entrance on the GDP should be removed or identified as a potential entrance. COMMENT RESPONSE: Please note that the revised Proffer Statement dated April 25, 2016 has eliminated the GDP as a proffered element of the rezoning application as this document only demonstrated access points for the subject property and the locations of off -site properties that would be provided opportunities for off -site landscape buffering. These design elements are described in the April 25, 2016 Proffer Statement. ❖ It is recommended that Proffer CI be revised to include improvements to Amoco Lane along the entire frontage of the property. COMMENT RESPONSE: Section Cl of the April 25, 2016 Proffer Statement has been revised to require the pavement mill and overlay and extension of curb and gutter along the property frontage to the limits of the southeastern most entrance serving the property. ❖ It is recommended that right-of-way width along the property frontage match the existing right- of-way width at the intersection of the Sheetz frontage. COMMENT RESPONSE: Right-of-way along the majority of the Sheetz frontage is consistent with the existing right-of-way along the frontage of the Property. Widening the right-of-way • along the frontage of the Property to match the right-of-way width of the intersection would result in right-of-way that does not match along the Amoco Lane travel aisles. Frederick County Planning — Comment dated March 22, 2016 ❖ The proposed commercial rezoning is consistent with the current land use supported by the Comprehensive Plan. COMMENT RESPONSE: Agreed. ❖ The property is located near established residential properties. Special attention should be provided to ensure that impacts to adjacent residential properties are considered. COMMENT RESPONSE: The established residential properties are all zoned B-2, Business General District without proffers; therefore, future development of these properties will not be subject to site and building design standards that are not specific to current Zoning Ordinance requirements. The Owner has proffered to provide a sanitary sewer system that will accommodate the existing residential properties and has proffered to provide landscaping on individual properties if desired by the property owner to provide for visual mitigation until these properties develop commercially in the future. Project #2022C/EAW 4 • ❖ Pedestrian accommodations should be incorporated, particularly at the signalized intersection of Amoco Lane and Route H. COMMENT RESPONSE: The Sheetz Site Plan provides for proposed crosswalk and striping at the signalized intersection of Amoco Land and Route 11. ❖ The proffered GDP could be more detailed to include design elements and building locations. COMMENT RESPONSE: Please note that the revised Proffer Statement dated April 25, 2016 has eliminated the GDP as a proffered element of the rezoning application as this document only demonstrated access points for the subject property and the locations of off -site properties that would be provided opportunities for off -site landscape buffering. These design elements are described in the April 25, 2016 Proffer Statement. ❖ Consideration should be given to proffering particular uses instead of proffering out uses. COMMENT RESPONSE: The land uses prohibited by the proffer statement are intended to mitigate impacts to the existing residential land uses. It should be noted that the existing residential properties are zoned B-2, Business General District and do not have land use restrictions when they are developed commercially in the future. . The entire 4.98 acres will need to be included with this rezoning application. C� COMMENT RESPONSE: The April 25, 2016 Proffer Statement has been revised to incorporate the entire 4.98 acres that are subject to the proposed proffers. It would be preferable to specify a lump sum monetary contribution rather than a proffered square footage calculation. COMMENT RESPONSE: The proffered monetary contributions based on square footage calculations is consistent with other project proffers accepted by the County. ❖ Consideration should be given to maintaining the existing mature vegetation along Amoco Lane. COMMENT RESPONSE: The redevelopment of the property includes sanitary sewer along the Amoco Lane frontage that will be accessible for the existing residential land uses; as well as curb and gutter improvements and mill overlay improvements that may impact the existing mature vegetation along Amoco Lane. Greenway Engineering will work with the Planning Department during the Site Plan review process to determine if mature vegetation can be preserved within the required 10' parking lot setback area between the Amoco Lane right-of- way and the parking curb. Project #2022C/EAW 5 •:+ Additional landscaping and corridor appearance buffering should be provided along the properties frontage with the interstate. Other site design elements such as building materials should be included to recognize the visibility of this site to the interstate. COMMENT RESPONSE: The property is the last undeveloped commercially zoned property adjacent to Interstate 81. Other developed properties have not provided landscape buffering due to the desire to have interstate visibility and this site desires to develop in the same manner. Other developed properties have used traditional corporate construction materials and traditional corporate signage and this site desires to develop in the same manner. Frederick County Sanitation Authority — Comment dated March 23, 2016 Water and sanitary sewers are to be constructed in accordance with the FCSA standards specifications. COMMENT RESPONSE: Greenway Engineering and the Owner have been working with FCSA on the development of a sanitary sewer system that will be appropriately sized to allow for public sewer service for the full build -out of the commercial redevelopment project; as well as accommodating the existing commercial and residential land uses that front along Amoco Lane. Greenway Engineering has prepared a design at the Owner's expense that conforms to FCSA standards specifications that has been submitted to FCSA and VDOT for review and approval. Frederick County Transportation — Comment dated April 22, 2016 ❖ Consider analysis of turn lane capacities, potential signal retiming, implementation of the Comprehensive Plan road section across the frontage of the property, and peak hour impacts of construction materials deliveries during the development of the property. COMMENT RESPONSE: The Site Plan for proposed commercial land uses will be analyzed by VDOT to consider turn lane capacities and signal timing. The property frontage is more than 40 feet from the existing northbound Route 11 travel lanes; therefore, the future widening of Route 11 to accommodate a six -lane road section can be accommodated without the need for additional right-of-way. It is not anticipated that construction materials deliveries will occur during the PM Peak Hour; however, there may be some construction materials deliveries that occur during the latter portion of the AM Peak Hour between 7:00 AM and 8:00 AM. • Project #2022CSAW 6 . Please advise me if you have any questions regarding this information or if there is any additional information that is necessary pertaining to these comments. Greenway Engineering will provide a copy of this letter and the April 25, 2016 Proffer Statement to all review agencies identified in this letter and will provide the Planning Department with copies of the review agency transmittal letters as information associated with the formal filing packet for the Planning Commission and Board of Supervisors public hearing process for this rezoning application. • • Sincerely, -1 CA-` -.— Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. Cc: CB Ventures, LLC Review Agencies Identified in this Letter Project #2022C/EAW IMPACT ANALYSIS STATEMENT CB VENTURES, LLC COMMERCIAL DEVELOPMENT Stonewall Magisterial District Frederick County, Virginia TM 43-((A))-48A May 9,2016 Current Owner: CB Ventures, LLC Contact Person: Evan Wyatt, Director of Land Planning; Greenwav Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-6624185 • • • Grccmvay Engincering February I, 2016 CB Vcmures, LLC Com mucial Rezoning Revised May 9, 2016 CB VENTURES, LLC COMMERCIAL DEVELOPMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of' a 4.98±-acre subject property owned by CB Ventures LLC, and identified as Tax Map Parcel 43-A-48A. The subject property is located in the southwest quadrant of Interstate 81 Exit 317, on the south side of Martinsburg Pike (U.S. Route 1 1) and the northwest side of Amoco Lane (Rt. 839). Tax Map Parcel 43-A-48A is split -zoned, with of 1.23f acres of B-2, Business General District and 3.75± acres of B-3, Industrial Transition District land area. The Applicant proposes to rezone the 4.98±-acre subject property to B-2, Business General District with proffers to allow for the redevelopment of the 4.98±-acre subject property for highway commercial land use. Basic information Location: Fronting on the south side of Martinsburg Pike (U.S. Route 1 1) and the northwest side of Amoco Lane (Rt. 839), at the southwest quadrant of Interstate 81 Exit 317. Magisterial District: Property ID Numbers: Current Zoning: CulTC11t Use: Proposed Zoning: Proposed Use: Total Rezoning Area: File 112O22C Impact Statemcnt/EAW Stonewall District 43-A-48A B-2, Business General District (1.23± acres) B-3, Industrial Transition District (3.75f acres) Undeveloped 4.98i-acres with proffers for the subject property Commercial (Hotel and Restaurant Preferred Option) 4.98±-acres with proffers for the subject property 2 Greenway Engineering February 1, 2016 CB Ventures, LLC Commercial Rezoning Revised May 9, 2016 COMPREHENSIVE POLICY PLAN • Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial and institutional land use development is encouraged in the County. The 4.98±-acre subject property is currently located within the UDA; therefore, expansion of the UDA boundary to accommodate the proposed development of commercial land use is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas of the County in which commercial and industrial land use development is only desired. The 4.98±-acre subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to acconunodate the proposed development of commercial land use is not required for this rezoning application. Comprehensive Plan Conformity The 4.98±-acre subject property is located in the UDA and the SWSA and is within the study area boundary of the Northeast Frederick Land Use Plan. The Northeast Frederick Land Use Plan is a large -area plan that identifies land uses, transportation networks, and other matters that are recommended for consideration for future land use and development within this geographic area of the County. The 4.98±-acre subject property is identified for business land use; therefore, the proposed B-2, Business General District rezoning is in conformance with the Comprehensive Policy Plan. The Applicant's preferred commercial development plan for hotel and restaurant land use for the proposed B-2, Business General District rezoning is appropriate based on the proximity of the subject property to the Interstate 81 Exit 317 interchange and Martinsburg Pike (US Route 11 North). SUITABILITY OF THE SITE Access The 4.98±-acre subject property is located on the south side of Martinsburg Pike (U.S. Route 11), approximately 400 feet west of the Interstate 81 Exit 317 interchange. Access to the subject property will be provided with full access entrances along Amoco Lane (Route 839) and through an inter -parcel connection with the Sheetz Convenience Store that will allow for access to this site and access to a right -out only entrance along Martinsburg Pike. E File #2022C Impact Statelnent>EAW Greenway linginccring February I, 2016 ('13 Ventures, LLC Commercial Rezoning Revised May 9, 2016 • Flood Plains The 4.98f-acre subject property does not contain areas of Iloodplain as demonstrated on FEMA NFIP Map #51069CO209D, Effective Date September 2, 2009; as well as information From the Frederick County GIS Database. W(-tlgnrlc The 4.98±-acre subject property does not contain Nvetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information From the Frederick County GIS Database. Sol] Types The 4.98±-acre subject property contains one soil type as demonstrated by the Soil Survey of' Frederick County, Virginia and the Frederick County GIS Database. The following soil type is present on site: 32B Oaklet Silt Loams 2-7% slope The Oaklet Silt Loam is identified as a prime agricultural soil and has high shrink/swell properties. The portion of the subjcct site proposed to be rezoned was previously developed as an 84 Lumber Retail Center and Lumber Yard and developed properties within close 40 proximity of' the site have the same soil type. The site soil type is conducive for commercial redevelopment of the subject property. • Other Environmental Features The 4.98t-acre subjcct property does not contain areas of' steep slope, lakes or ponds or natural stormwatcr retention areas as defined by the Frederick County Zoning Ordinance. The subject property is located in the geographic portion of the County that is underlain by karst geology. The Owner has not performed a study to locate sinkholes to date; however, geotechnical analysis of the development areas on the project site will be performed in conjunction with the C01ISt action phase of the commercial redevelopment project. There are no known environmental features present that create development constraints for the proposed commercial development project. SURROUNDING PROPERTIES Adjoining property zoning andprescnt use: North: B-2, Business General District Use: Hotel, Restaurant and Convenience Store File #2022C Impact Statement/I:AW 4 Greenway Engineering February 1, 2016 Revised May 9, 2016 South: B-2, Business General District Use: East: M-1, Light Industrial District Use: West: B-2, Business General District Use: TRANSPORTATION CB Ventures, LLC Commercial Rezoning Residential and Unimproved Unimproved Residential, Unimproved and Convenience Store The Applicant's preferred option for conunercial development includes a hotel and two restaurants. The County's Zoning Ordinance allows restaurants in the B-2 District and the B- 3 District; however, hotels are only allowed in the B-2 District. Greenway Engineering coordinated with the County Transportation Planning Director to identify potential traffic impacts associated with the Applicant's preferred commercial development option to obtain a determination regarding the need for a traffic impact analysis (TIA) for the rezoning application process. Greenway Engineering utilized traffic projection data from the ITE Manual - 9" Edition for a 100 room hotel and two fast food restaurants with drive-thru window service, resulting in a total traffic volume impact of 4,365 daily trips. The fast food restaurants with drive-tluu window service account for 3,472 daily trips of the total traffic volume; therefore, the 892 daily trips for the hotel that are projected by the ITE Manual represent the traffic impacts associated with the rezoning application. The development of an additional by -right restaurant within the subject property would result in a greater traffic volume impact than would otherwise occur if a hotel was developed. The County Transportation Planning Director reviewed the land use and traffic analysis and advised that a TIA would not be necessary for the rezoning application process. Greenway Engineering previously worked with VDOT and the County Transportation Planning Director on behalf of Sheetz to process an access management exception request for the redevelopment of their convenience store and gasoline canopy. The access management exception request, which received formal approval by VDOT on August 14, 2014, calls for the elimination of several existing entrances, the creation of a right-in/right-out entrance and a separate right -out entrance, and the provision for inter -parcel access for the benefit of the subject property. Frederick County recently approved a Site Development Plan for this project and Sheetz has connnenced construction, which will incorporate these access management improvements. The Applicant's Proffer Statement provides for the design and construction of inter -parcel access that will be accomplished during the Site Development Plan that adjoins this ingress/egress easement for the Sheetz project that will provide this connection. Additionally, VDOT has approved a public improvement plan for Sheetz that implements curb and gutter improvements along the Amoco Lane frontage; as well as the milling and overlay of Amoco Lane from the Sheetz property line to the centerline of Amoco Lane. The Applicant's Proffer Statement provides for the design and construction of identical improvements along the Amoco Lane frontage of the subject property through the File 42022C Impact Statement/EAW 5 11 • Greenway lingincering Pcbrua y I, 2016 ('13 ventures, LLC Commercial Rezoning Revised May 9, 2016 • limits of the first commercial entrance that will be accomplished during the first Site Development Plan that is submitted to Frederick County. The rezoning Of' tile subject property will allow for the development of'a hotel facility, which is not a permitted land use in the current zoning district. The hotel [acility traffic generation will result in a reduction of' vehicle trips that would otherwise be permittec as by -right development for this portion of the property. The Applicant's Proffer Statement commits to improvements to Amoco Lane that will complete pavement and drainage enhancements from the Slieetz property to the limits of the southeastern most commercial entrance; as well as incorporating inter -parcel connectivity to allow for vehicular access to the new convenience store and gasoline pumps, and for right -turn access to Martinsburg Pike for Interstate 81 and U.S. Route I I traf7ic movement. The proposed application and proffer statement sufficiently mitigates transportation Impacts associated with this conditional rezoning request. SEWAGE CONVEYANCE AND TREATMENT The 4.98±-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. The Frederick County Sanitation Authority (FCSA) is the provider ol' public sewer service within this arca of' the County, but does not currently have sewer inf►'astructure within or adjacent to the property. FCSA has issued a letter dated October 28, 2015 in reference to • this property that states the FCSA and the Frederick Winchester Service Authority have adequate capacity at the wastewater treatment plant to accommodate the maximum proposed sanitary flows and that the Rcd Bud Pump Station cal] also accommodate the added flows from the development of' this property. Greenway Engineer has worked with FCSA to determine the appropriate approach for the development of' sewer infrastructure to provide sewer service to the subject property with available capacity loi' adjoining properties along Amoco Lane (Route 839). Greenway Engineering has utilized 2015 FCSA water meter data with an applied 1.5 calculation factor of safety foi' the Applicant's preferred development option of' hotel and restaurant land use, and has included calculated flows for the Goldstar Motors and existing residential uses along Amoco Lane. These calculations project a conservative sewer demand flow of 22,000 gpd for the existing land uses and for the commercial buildout of the subject property. Greenway Engineering will design an on -site gravity sewer system that collects effluent from the commercial land uses proposed to be developed on the subject site, which will also allow for off -site land uses to connect to this system. The on -site gravity sewer system will tie into a new sewer pump station that will be located in the southern end of the subject property that Will direct effluent from this area to an existing 8-inch sewer force main located approximately 700 feet south of the subject property. The sewer new pump station is anticipated to be designed (or 40 gpm with a peak capacity of approximately 52,750 gpci. The proposed sewer design will accommodate existing and proposed land uses located on the subject property and along Amoco Lane and has been submitted to FCSA for review and approval. Pile 112022C Impact statement/FAw 6 Greenway Engineering February 1, 2016 CB Ventures, LLC Commercial Rezoning Revised May 9, 2016 The proposed buildout of conunercial land use on the subject property is projected to • increase sewer flows at the Opequon Wastewater Treatment Facility by approximately 22,000 gpd, which accounts for the future connection of existing commercial and residential land uses along Arnoco Lane. The Applicant will be responsible for the design and construction of a new sewer system that will include gravity lines, a pump station and a force main to connect to the Red Bud Pump Station. The FCSA has determined that this approach is appropriate for addressing sewer impacts associated with this rezoning proposal; therefore, the Applicant has adequately addressed sewer impacts associated with this proposal. WATER SUPPLY The 4.98±-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. The Frederick County Sanitation Authority (FCSA) is the provider of public water service within this area of the County and has an existing 10" water line located along Martinsburg Pike (US Route 11 North) and Amoco Lane (Route 839) that provides public water to the property. FCSA has issued a letter dated October 28, 2015 in reference to this property that states the FCSA has adequate water supply and pressure to serve the property up to a maximum anticipated flow of 50,000 gpd. Greenway Engineer has worked with FCSA to determine water and sewer demands required • for the Applicant's preferred development option of hotel and restaurant land use. Greenway Engineering has utilized 2015 FCSA water meter for these land uses and has applied a 1.5 calculation factor of safety to develop a conservative water demand projection of 22,000 gpd for the buildout of the subject property. The projected water demand of 22,000 gpd falls well below the available water supply identified by FCSA for this site; therefore, there is adequate supply and pressure that will be available for the buildout of conunercial land use for the proposed development project. SITE DRAINAGE The topographic relief on the 4.98±-acre subject property generally follows a north to south pattern, which directs drainage from Martinsburg Pike (US Route 11 North) and Amoco Lane (Route 839) towards the rear of the property adjacent to Interstate 81. The subject site was previously developed as an 84 Lumber Retail Center and Lumber Yard, which did not create adverse stormwater impacts to adjoining properties. The commercial development of the subject property will incorporate stormwater management design that is anticipated to include a small stormwater detention pond on the eastern portion of the site near the Interstate 81 southbound on -ramp, and a small stormwater detention pond on the rear portion of the site near the Interstate 81 southbound on -ramp. Storinwater quality measures will be evaluated during the Site Development Plan process and will be achieved through on -site quality measures, nutrient credits, or a combination of both. The stormwater quantity and 0 File #2022C Impact Statement/EAW Greenway Fnginceting Fehriuy I, 2016 C13 Ventures, LL(' Commercial Reumine Revised May 9, 2016 • quality measures will be designed in conformancc with all applicable state and local regulations; therclorc, site (h•ainage and stormwater management impacts to adjoining properties and the community will be mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the redevelopment of'the 4.98± subject site can be projected from an average annual commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 4°i edition). The Applicant's preferred option for Coninic1'Clal development I11ClUdes a hotel and two 1'estaL11•a1ltS; therefore, solid waste disposal impacts are based on the following figures that provide the increase in average annual solid waste volume based on the development of 70,000 square-Icet of commercial land use: AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial AAV = 5.4 cu. yd. x 70 (1,000 sq. ft.) AAV = 378 cu. yd. at build -out, or 264.6 tons/yr. at build -out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected commercial development will generate • approximately 265 tons of'solid waste annually on average. This represents a 0. 13% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently ava•ages 200,000 tons per year. Solid waste produced by the commercial development will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. • HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify structures deemed to be historically significant on the 4.98±-acre Subject property, nor does the survey identify properties within proximity of' this site that are deemed potentially significant. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the 4.98t-acre subject property as being located within the Second Winchester — Stepllensons Depot study area boundary; however, the subject property is located well outside of the defined core battlefield area and is also defined as having lost integrity due to existing development patterns. Therefore, the commercial development plan for the property will not create negative impacts associated with historic resources. File 112022C Impact Statement/EAW Greenway Engineering February 1, 2016 CB Ventures, LLC Commercial Rezoning Revised May 9, 2016 OTHER POTENTIAL IMPACTS • The commercial development of the 4.9&L-acre subject property will provide new economic development opportunities for Frederick County, which has been determined by the County's Development hnpact Model to be positive in the consideration of fiscal impacts to County Capital Facilities. It is recognized that the development of commercial land use has the potential to increase service demands on fire and rescue services; therefore, the Applicant's Proffer Statement provides a monetary contribution of $0.05 per developed building square foot to the County to provide additional revenues that are specifically directed to fire and rescue services. Additionally, the Applicant's Proffer Statement offers to provide off -site evergreen landscaping elihancements for existing residential lots along Amoco Lane if desired by the individual property owners even though their properties are currently zoned B2, Business General District. • File H2022C Impact Statement/EAW 0 600.00' — f- AMOCO LANE ROUTE 839 VARIABLE WIDTH R/W 0 43-A-48A CURRENT ZONING B2 1.23 ± ACRES 133 3.75 ± ACRES 43-A-48A POST- REZONING B2 4.98 ± ACRES o , E C N �' N O N tf) j ,m (0 C � N _ 2) p N c9 "j.� Loo Q)v0 x Lo U CB L 3 a� ♦ A �z Z t000 WZ W0 ww E- U J CA W Z W m U m X W f d Q o Z Q N W U a Q a w w z � > �; z o " w w DATE: 01/22/2016 SCALE: 1"=80' 80 40 0 80 160 DESIGNED BY: EAR iiiiii JOB NO. 2022C SCALE: 1 " = 80' SHEET 1 of 1 `j • 0 METES AND BOUNDS DESCRIPTION &£GINNING AT A 3/4' 1RONN R'3'1J{ FOUND kV THE SOUTHEASTERLY UNITED ACCESS R,GHT-OF-WAY LINE OF U.S ROUTE I /. ALSO 80IG THE MOST NCRaEaY CORNER OF THE LOUD OF FRANCHISE REALTY WISYSMIE CORPO RA770N AS RECORDED /N DEED BOOK 490 AT PAGE 6J2 THENCE WITH SAID SOUTHEASTERLY U46TED ACCESS RACW-OF-WAY TINE OF US ROUTE 11 N 6T48'58' E - 120.7J' IT A CONCRETE MONUMENT FOUND, A150 BEING A POINT LV THE WESTERLY LL1/70 ACCESS RIGHT-OF-WAY LINE OF INTERSTATE ROUTE 81; THENCE WIN SAM ifES7EtLY UNITED ACCESS RIGHT-OF-WAY LINE OF INTERSTATE ROUTE 81 THE FOLLOWING FOUR (4) COURSES S 67J1'O6' E - 136.14' TO A CONCRETE MONUMENT FOUND THENCE S 16'T128' E - 52751' TO A CONCRETE MONUMENT FOUN , THENCE S 15'4029' E - II L43' TO A CONCRETE MONUMENT FOUND, THENCE S O3 '19'22' E - 104.00' TO A CONCRETE MONUMENT FOUND' THENCE DEPARTING SUIT WESTERLY LY17ED ACCESS RIGHT-OF-IYAY LINE OF INTERSTATE ROUTE 81 AND RUNNING WITH THE N'ORTHEAST£RLY RIGHT-OF-WAY UVE OF AMOCO LANE ROUTE 8.39 THE FOLLOWING TNID (2) CCURSM S BT14 J8' IV - 96.77' TO A CONCRETE MONULSW FOUND; THENCE N 57MS2' W - =00' TO A 112' IRON RMAR FOUNDTHENCE DEPARTING SAD NORTHEASTERLY RIGHT-OF-WAY LDL OF AMOCO LANE ROUTE SJ9 AND RUNL71G W17H THE SOUTHERLY MD EASTERLY LIVES OF SAID FR:,%CHSE RFALTY INTERSTATE COR POR4IONN THE FOLLO,rA'C FWR (4) COURSES:- * J224108' £ - 147.99' TO A 1/2' IRON RESAR FOUND; THENCE S 25'07'42' E - 71.85' TO A 1/2- LRON REE.AR FOUND' THENCE N 64'52'18' E - 150.00' TO A 5/8' IRON R£BAR FOUND; 7HDt-- N ZS07'42' IV - 28202' 70 THE PORN OF REGM7Nt^. CONTANZO 4,9864 AORM MOOR` OR LESS l� ��hIY I DWI A TITLE CO.MMJTMENT WAS FURNISHED BY CHICAGO TITLE INST/RANNCE COMPANY AS COMM/IJENT NUMBER 07-0545, EFFECTIVE CATS JAVLWRY 3, 2007 AT 8:00 A.M. ALL RECORDING INFCPVAION IS REFERENCED TO THE LAND RECORDS OF FREDERICK COUNTY, KWNA TH£ FOLLOW7NC EXCEPTIONS FROM SCHEDULE B - SEC770N 11 OF SAID TITLE COMMITMENT ARE ADDRESSED AS FOLLOWS: 8) ELSEMEN75 GRANTED TO CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA RECORDED IN DEED BOOK 136 AT PAGE 534, DEED BOOK 1S7 AT PACE 546, DEED BOOK 246 AT PACE 2J6 AND DEED BOOK 285 AT PAGE 382. THE EASEMENTS GRANTED IN DEED BOOK 136 AT PAGE 534, DEED BOOK 137 AT PAGE 546 AND DEED BOOK 246 AT PAGE 2J6 ARE NON-LOGTABLE AND AFFECT THE SUBJECT PROPERTY. THE EASEMENT GRANTED /N DEED BOOK 285 AT PAGE 382 IS SHOWN ON THE PLAT. 9) EASEMENT FOR SURFACE DRAINAGE AND STORM WATER RUNOFF, GRANTED IN, AND TERMS AND CONDITIONS OF USE OF INGR£SS/ECRESS EASEMENT RE50MV IN DEED BOOK 490 AT PAGE 632. THE ORA/NAGE EASEMENT AFFECTS THE SUBJECT PROPERTY AND THE INGRESS/EGRESS EASEMENT IS APPURTENANT TO THE SUBJECT PROPERTY. THE LOGIIONS OF BOTH ARE SHOWN ON THE PLAT. 10) EASEMENTS GRANTED TO THE POMAAC EDISON COMPANY RECORDED /N DEED BOOK 527 AT PAGE 32 AND DEED BOOK 892 AT PAGE 1085. BOTH FALSEMENTS ARE SHOWN ON THE PLAT. / QO �4 olE t�,14' O3' POD S 6T31 G9• £.. e y 3\ I O� / D3 490E Pa 672 / r �jy TA 4J-A-488 M%C7R£ REALTY ORSU.c CCNO'CPAr4V DA 490. Pa GTI Z=ti . 82 USE. J�AANT S 25D7'42' E j 71.&5'-. 1/2' 1RF I, •.. rr�.7yr.= 3a' DRA'KKc 6MT. Da 490, PG 632 N 64'S2'18" E / 180.00' -\ SEP7K / IXRR--An, �B PaTaIUC TaV C2 ZSWT. ad 89Z Pa I= � ✓ �c 0 / N 32'24'CB' E I o / 14799' � h S / I1 20 / PO U;C EDLSON JI- / r r _ CONCREnE IV CURB ASP W7- WRB / .: /5� S'4V \ \ �/• \ cu /� POLE \ BC(l,4RD / GRATE \ a�'Ia �• NO TAX PARCEL \ 9ILEVEL 43-A-48A \ 4.9864 ACRES \ DEED BOOK 523, PAGE 287 s 4a ZONE- B2 & BT, USE UNOCCUPIED \ - SIGRACE C4ICPY \ %, — — —�—B ETNv£ OF _____—� — —C&P TELEPHONE M R/W & LTA/7. 1411 PAVLI6M CHAlNUNVK FENCE ED.B. 285� Pa J&2 S g6• >735' 2' W 60D00' r r — f ----------- AMOCO LANE ROUTE =9 VARASLE 670TH R/W 50 0 50 GRAPHIC SCALE (IN FEED cs Lu W m Sl TE tl Y N o u Ua ROUTE 37 REDBUD Lu 1c1' xx���444 m ofl a VICINITY MAP I' - 2000' w NOTES I. TITLE To RC PROPERTY SHOWN HEtEGV IS VESTED IV D7,V FOUR LC7ra''R. COMPANY AS ' '� W RECORDED IV DEED BOOK 62J PAGE Z87 OF THE FREVO COUNTY VRG1U LM.D REL(ROC C z THE Pin IS CDR---D As FRED2tC'iC canrT tax PART 43-4-4s1 AND IS 2cvED B2 AND 8.1 J THE ---'Z ARY IT'D.RYAT,Z')I SHOW1 I`M'I IS RASED O.V A CURRE.7 FIELD SRVEY BY THIS RRIL 4. 7r:Z PRJr---TY 9tihN HERM1 LIES DV7r'LY WTTI.W ZONE D A?SaS OF V,7-W J. FLCCD'hN'C, PER HFLP. FLOOD LNdTI.RA4Yi RATE M,:P Na 51000 0105 a DATED JL?Y 17. 198 .,. rPE FM -NCO LiNIS SHORN IZZ-10.N YLUXER OV OR NIP. "HE 904ZC:RY u%zs� HOWEVE 5 ,HE LC.ATKY/ CF SLCq F?IC_T SHOULD NOT BE CVSW-CR D AS R--EV-T£ '-aJU/N^.ARY O kA51CAm,L 6. THIS SURtiEY M=- ON THE TIE COMW=EM FOR THE DSCLOSUr2- OF ANY EASEMENS ANC Th7S PROPERTY LEGEND .- = FE7, E LIVE BRL = BL'N'LDC.G RSMCr4V LINE PCB - PGLVT OF aEG"II0.10 OF .METES AND BOUNDS DEX,NYI' TrTTN tT RF - RGV REF'R FOUND f1\ IRS - 1/2' ION REPAR & CAP SET � \ ` '¢ - LJGM POST o� d - UTILITY POLE Y - GUY WE AIJC7iCR \ R/IV = RIGHT OF WAY co L \ C CFNIE2LJNE OF ROADWAY LLJ LL ■ - CONCRETE AICAVUENT FOUND OVERHEAD ELECTRIC LIE o �z OVERHEAD TELEPHONE LINEQ � v� � SIGN V ..... - ZQNLNG LINE LQ �LQo ¢ \ �o4i SURIEYOR S CERTIFICATE Q ` 70 ORR-WTNCHESTER, LLC AND CHICAGO TITLE INSURANCE COMP.WY.- tT THIS 15 TO CERIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE bUOE /N ACCORDANCE WITH THE T.RNf.MUM STANa4RD DETAIL REOUIREMEMIS FOR ALTA/ALSM LAND TITLE SURVEYS • JOINTLY ESTABLISHED BY ALTA AND NSPS IN 2005, w` AND INCLUDES ITEMS 1, 2, 3, 4, 8. 9, 10. 11(A) AND 13 OF TABLE A THEREOF. v PURSUANT TO THE ACCURACY STANDARDS AS ADOPTED BY ALTA AND NSPS AND IV EFFECT ON THE DATE OF THIS CER77F707ION, UNDERSIGNED FURTHER CERTIFIES THAT /N I 1 MY PROFESSIONAL OPINION, AS A LOUD SURVEYOR REGISTERED /N THE STATE OF W VIRGINA THE RELATIVE POSI770NAL ACCURACY OF THIS SURVEY DOES NOT UCEED THAT WHICH IS SPECIFIED THEREIN. D47E JANCWRI' 26, 2007 DATE: :�D7 SGiLE• 1' - 50' DRAFTED BY., RLL SIGNED: FILE N0. 20220 FINEST S. HO ITN, LS NO. 1837 SHEET T OF 1 07-012 Map Data SourceFrederick County. Va. GIS Department, 2015 Data, Aerial Photos from ESRI (http //services.arcgisonline.com/ArcGIS/rest/services [World Imagery]) MERCS-CT SITE • Q 3 J W Z �x I A Z W Z r�r^^ V H a-LLI Z Z J0 Z — Z W N \• J Q Q U Z � 0� O D Lu 661 w U O O . > U m Legend U CB Ventures, LLC Property, TM 43-A-48A 0 ® Portion of 43-A-48A To Be Rezoned Parcel Boundary � U m o Frederick County Zoning Z B2 (Business, General Distrist) w a- 0 Z 0 Z o - B3 (Business, Industrial Transition District) Cl-N O O J ¢ _ } - M1 (Industrial, Light District) J X N 0 w Z oN o —J J Q � OU _ RA (Rural Area District) v Z O Q v RP (Residential, Performance District) of w Q 2 -j Y U_ a Z ui U Q W LL > O O w Z W � N Feet CO o u- Cn o- 200 0 200 N W o Map Dire'-wre f n-denrk (,aunty Va (VIS I)epa(iment ; 01 S Data Map Data Source: Frederick County, Va. GIS Department, 2015 Data: 2016 Water & Sewer Data Courtesy of FCSA Map Data Source. Frederick County. Va. GIS Department, 2015 Data 4 F" L Feet 100 0 100 101 I W z O z O N U W J � J J Q � U w w z w O > U 00 U Map Data Source Fredenck County, Va. GIS Department, 2015 Data e cy Fel 37 x' a II l ° 'Oq I 34-955 it r 661 TIV-WA N6"It - o, e�oh.0 � Baltimore -&'Ohio RR 000 <e ps Or Third Winchester 34-727 N Lenend CB Ventures, LLC Property, TM 43-A-48A ® Portion of 43-A-48A To Be Rezoned Parcel Boundary Q Civil War Encampment Civil War Fort Cemetery Rural Landmark ® 34-727 Rutherford's Farm 34-955 Valley School Civil War Battlefields Third Winchester Core Area Feet y 500 0 500 w Z IZ — Z (if O a w J � J Q U U w � w z w Q m U U w Q w LL O U) 2 s 0 I- m U o Q z x U)z a z o o Lu �_ 0 Z Q > U O 0 N N U W Q LlJ ~ oN x W f- Z J J LL (n � U) < 6 LU U U w 2 _j U 0 _ x � o w O = LU C) > U WCD Z W o U O LL � (n o 04 I ¢o Map Data Source: Frederick County, Va. GIS Department, 2015 Data • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staf Pee Amount Paid $ ICE, y Zoning Amendment Number Q (-n Date Received 20 PC Hearing Date tp 15. I to BOS Hearing Date -I 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 Sheet, 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: CB Ventures, LLC Telephone: (540) 313-5132 Address: 415 Cecil Street Winchester, VA 22601 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540) 662-4185 4. Property Information: a. Property Identification Number(s): 43-A-48A b. Total acreage to be rezoned: 3.75 +/- acres of a 4.98 +/- acre parcel C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 3.75 +/- acres of a 4.98 +/- acre parcel d. Current zoning designation(s) and acreage(s) in each designation: B2 District (1.23 +/- acres) B3 District (3.75 +/- acres) C. 0 Proposed zoning designation(s) and acreage(s) in each designation: B2 District 4.98 +/- acres Magisterial District(s): Stonewall District 12 5. Checklist: Check the following items that have been included with this application. Location map Agency Comments ✓.� Plat ✓l Fees ✓ 1 Deed to property ✓ Impact Analysis Statement _ ✓�_ Verification of taxes paid ! ✓ Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district (✓ J_ 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: CB Ventures, Inc. - Ned Browning and Randy Craun 7. Adjoining Property: PARCEL ID NUMBER USE ZONING See Attached Adjoining Property Map Exhibit & Table 8. Location: The property is located at (give exact loca tion based on nearest road and distance from nearest intersection, using road names and route numbers): Located on the south side of Martinsburg Pike (US Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Exit 317 L� 13 0 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: TBD Mobile Home: N/A Hotel Rooms: TBD Square Footage of Proposed Uses Office: N/A Service Station: N/A Retail: TBD Manufacturing: NIA Restaurant: TBD Warehouse: N/A Commercial: TBD Other: 10. Signature: I (we), the undersigned, do hereby respectfully nuke application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning nip of Frederick County, Virginia. I (we) author ize 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 daysprior to the Planning Commission public hearing and the Board of Supervisors public hearing and mintained so as to be visible fron the road right-of-way until the hearing. I (we) hereby certify that this application and its accom panying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: 5 9 i Date: Owner(s): Date: 6 Date: 0 14 Map Data Source Frederick County. Va. GIS Department 2015 Data CB VENTURES, LLC PROPERTY Adjoining Properties Listing • • • Tax Map Number Owner Mailing Address City & State ZIP Acres 0 0 43 A 46 PINE MOTOR COMPANY INC 2224 WILSON BLVD WINCHESTER, VA 22601 0.71 43 A 47 PINE MOTOR CO INC 2224 WILSON BLVD WINCHESTER, VA 22601 1.83 43 A 48 KREMER PROPERTIES INC, C/O SHEETZ #309 ATTN JODY BARTKO 5700 6TH AVE ALTOONA, PA 16602 2.34 43 A 48A CB VENTURES LLC 415 CECIL ST WINCHESTER, VA 22601 4.98 43 A 49 WELLTOWN PIKE LLC 2150 S LOUDOUN ST WINCHESTER, VA 22601 1.46 43 A 50 AADESH LLC 1593 MARTINSBURG PIKE WINCHESTER, VA 22603 1.4 43 A 50A RDM HOSPITALITY LLC 1601 MARTINSBURG PIKE WINCHESTER, VA 22603 3.38 43C 4 1 DUNIVAN DAVID E 140 AMOCO LN WINCHESTER, VA 22603 0.5 43C 4 2 SALES JERRY A, SALES THERESA L 117 WESTWOOD CIR WINCHESTER, VA 22602 0.57 43C 4 3 ISLAMIC SOCIETY OF WINCHESTER PO BOX 4440 WINCHESTER, VA 22604 0.57 43C 4 4 GREENE JOHN B SR, GREENE REBECCA R 168 AMOCO LN WINCHESTER, VA 22603 0 43C 4 5 BROY ROBERT EUGENE TRUSTEE, BROY SUE ANN TRUSTEE 758 BOOM RD BERRYVILLE, VA 226111 0.5 43C 4 6 SHANHOLTZ DAVID L, SHANHOLTZ LA RHONDA T 188 AMOCO LN WINCHESTER, VA 22603 0.57 43C 4 7 JOBE MARY A 8960 N FREDERICK PIKE CROSS JUNCTION, VA 22625 0.75 43C 4 8 IJOBE MARY A 8960 N FREDERICK PIKE CROSS JUNCTION, VA 22625 0.75 43C 4 10 lJOBE MARY A 18960 N FREDERICK PIKE CROSS JUNCTION, VA 122625 0.11 Source: Frederick County GIS, 2015 Data Sorted by Tax Map Number • c� Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: ivww.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) CB Ventures, LLC (Phone) (540) 313-5132 (Address) 415 Cecil street Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Prope rty") conveyed to m e (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 150011639 on Page 168 , and is described as Parcel: 43 Lot: A Block: 4EA Section: Subdivision: do hereby make, constitute and appoint: (Name) Cxeenway Engineering, Inc. (Phone) (540) 662-4165 • (Address) 151 Windy Hill lane Winchester, VA 22W2 To act as my true and lawful attorney -in-fact for and in my (our) nam e, p lace and ste ad with full power and authority I (we) would have if acting personall y to file planning applications for m y (our) a bove 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 h reto set my (our) hand and seal this 1( day of No -,-A , 2011,,E Signatures) �,c State of Virginia, City/County of To -wit: 11," I, Jfi1RC e K ow{_ , a Not ary Public in and for the jurisdiction a(br Y S ' � certify that the p son(s) who sig ned to the foregoing instrum ent personally appeared before Sri acknowledged the same before me in the jurisdiction aforesaid this � ka_ day of 20 ll0;. :' A4 Co o : Jp1y 3j 20 Plres My Commission Expires: 31No. N61wy2Public �,lyF �BLIG •\ n C 15U01iG39 — Grantee's Address: Tax Map No. 43 A 48A 0' CB Ventures, LLC i415 W. Cecil Street i Winchester, Virginia 22601 Attn: Edward Browing Return Original To: Consideration: $558,250.00 Q�� 857, SGr�.00 i . SPECIAL WARRANTY DEEM This SPECIAL WARRANTY DEED (this "Deed") is made as of November 2015 by and between ORR-WINCHESTER, LLC, a VirgWa limited partnership ("Grantor") and CB VENTURES, LLC, a Virginia corporation ("Grantee"). WITNESSETH For TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby GRANT, BARGAIN, SELL and CONVEY, with special warranty, unto Grantee, its successors and assigns, in fee simple, all of Grantor's right, title and interest in and to all that certain real property situated, lying being in Frederick County, Virginia, and being more particularly described in Exhibit A attached hereto and made a part hereof, together with all buildings, fixtures and other improvements located thereon (the "Property"). TO HAVE AND TO HOLD the Property, together with all rights, privileges and advantages thereunto belonging or appertaining, to Grantee, its successors and assigns, in fee simple forever. This conveyance is made subject to all recorded covenants, restrictions, conditions, i easements, reservations, agreements and rights -of -way to the extent that the same are valid and subsisting and apply to the Property or any part thereof. [Signature on Next Page] Deed Prepared By: Mathew D. Ravencraft, Esq. Rees Broome, PC 1400 Gallows Road, Suite 700 Tysons Corner, Virginia 22182 C cri • WITNESS the following signatures and seals: co ORR WINCHESTER, LLC, a Virginia limited liability company BY: Name: David L. Orr Title: Manager el�aoF'fR13f N'T: CITY/COUNTY OF &&�Ax The foregoing instrument was acknowledged before me this 2 day of November, 2015, by David L. Orr as Manager of Orr -Winchester, LLC, on behalf of the limited liability company. taryP blic NOTARY PUBLIC otary Registration Number. My Commission Expires: FN�cooxk s EXIIIBIT A C=) Legal Description of Property All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way, and appurtenances thereunto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, fronting on the northeasterly right of way of Amoco Lane, Virginia Route 839, approximately 345 feet southeast of its intersection with U. S. Route 11, bounded on the East by Interstate Route 81, and more particularly described on that certain plat titled "Boundary Survey Of The Land Of Eighty Four Lumber Company" dated January 26, 2007, drawn by Ernest S. Hol7worth, L.S., which plat is attached to that certain Special Warranty Deed dated May 4, 2007, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 070007414,- and being the same property which was conveyed to Orr -Winchester, LLC, a Virginia limited liability company, by Special Warranty Deed dated May 4, 2007, from 84 Lumber Company, of record in the aforesaid Clerk's Office as Instrument No. 070007414. 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. 43-A-48A 1Qt13rllllClxnuV5)152n'00005\AGn[51I20 SpMd Y1A—iy D,,d Ca Vcaluaad,u • MWINIA: FFv DERICKCOUNTY.SC1. This instrument of writing was produced to me on //-1- -Zo%5~ at / 1 :,5-0 /1 M and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 5U0.1-802 of $ 8r J 7 ,SU , and 58.1-801 have been paid, if assessable. o/-)Jer,.,,Clcrk • a 070007414 CD CD Drawn By: Cheri B. Bomar Pierce Hardy Limited Partnership Mail To: David Orr c/o The Orr Company 3110 Fairview Park Dr., 111D Floor Falls Church, VA 22042 SPECIAL WARRANTY DEED ADDRESS OF NEW OWNER SEND TAX BILLS TO MAP/PARCEL NO. Orr -Winchester, LLC Orr -Winchester, LLC 43 A 48A FOR AND IN CONSIDERATION of the sum of'FWO MILLION DOLLARS ($2,000,000.00) cash in hand paid by the hereinafter named Grantee, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, 84 LUMBER COMPANY, a Pennsylvania Corporation, dba Piet -cc Hardy Real Estate, Inc. and Pierce Hardy Real Estate, Inc. having merged into Pierce Hardy Real Estate Co., a Pennsylvania Business Trust on June 29, 1992 and Pierce Hardy Real Estate Co. having merged into Pierce Hardy Real • Estate Co., a Pennsylvania Corporation on February 9, 1995 and Pierce Hardy Real Estate Co. changed its name to the Magerko Corporation, a Pennsylvania Corporation on March 8, 1995 and the Magerko Corporation, a Pennsylvania Corporation having merged into Hardy Management U ui Company, Inc. a Pennsylvania Corporation on December 31, 2002 and having merged into Hardy O inu r> i_ r i2 Management Company, Inc., a Nevada Corporation the said hardy Management Company, Inc. _4 c) (i r w a Xnow conveying title individually and as nominee for Pierce I Tardy Limited Partnership, a ' Pennsylvania limited partnership, said Pierce Hardy Limited Partnership having a beneficial . w interest in the subject property pursuant to Nominee Agreement dated January 1, 1995, try (hereinafter, collectively called Party of the Grantor) has bargained and sold, and by these O presents does transfer and convey unto ORR-WINCHESTER, LLC, a Virginia limited liability t 1 / 0 �^ 1n O 0 cs 0 o •N company (The "Grantee"), Grantee's heirs and assigns, a certain tract or parcel of land in Frederick County, State of Virginia, being more particularly described as follows, to wit: See Attached Exhibit A This conveyance is subject to taxes for the year 2007 and subsequent years, all matters shown on documents of record. TO HAVE AND TO HOLD the said tract or parcel of land with the appurtenances, estate, title, and interest thereto belonging to the said Grantee, Grantee's heirs and assigns, forever. And Grantor does covenant with the said Grantee that Grantor is lawfully seized and possessed of said land in fee simple; has a good right to convey it, and the same is free from all encumbrances made or suffered by Grantor. And Grantor does further covenant and bind himself, his heirs and assigns, to specially warrant and forever defend the title to the Property to the said Grantee, his heirs and assigns against the lawful claims of all persons claiming by, through or under the Grantor, but not further or otherwise. Wherever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has caused this Deed to be executed thisth day of May 2007. Hardy Management Company, Inc., successor by mergers to 84 Lumber Company By: Cheri B. Bomar, Assistant Vice President/Secretary • 0 E • 0 a CZ) 0 W Pierce Hardy Limited Partnership, beneficial owner pursuant to nominee agreement dated January 1, 1995 By: Peter Jon Co., LLC, General Partner By: Cheri B. Bomar, Assistant Vice President/Secretary STATE OF�y�a COUNTY OP LAM; l tY x> 1, t-- • WC-9-`fit a Notary Public of the aforesaid County and State, do hereby certify that the following person, being personally known to me or by producing satisfactory evidence of his or her identity, to wit CMY •I 'B . 90NXD.ncrsonally appeared before me this day, and acknowledged to me that he or she is the duly authorized Assistant Vice President/Secretary of Peter Jon Co., LLC, the sole general partner of Pierce Hardy Limited Partnership, a Pennsylvania limited partnership, and, being duly authorized, he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated for and on behalf of said limited partnership. Date: - 200D 1401ARK SEAL 6E WV t WE16t11 Notary Publlc NORTH STRA&WE 1WP, WA&4WION COUtiIY t ty CMgNsslots Explrol Apt 4. 2009 OFFICIAL SEAL Official Signatur 'fNotary ,Notary Public N—otary's Printed or Typed NhIne My Commission Expires: -Apr -j jA-,2LM O o STATE OF tJaDjCI r- COUNTY OF I, ?Qt—�anY =A L a Notary Public of the aforesaid County and State, do hereby certify that the following erson, being personall known tome or by producing satisfactory evidence of his or her identity, to witUcx t ? , personally appeared before me this day, and acknowledged to me that he or she is the duly authorized Assistant Vice President/Secretary of Hardy Management Company Inc., and, being duly authorized, he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated for and on behalf of said corporation. Date: �A NOTOAL SEAL sEtFWNrt WEr.Hr Notary Pubk NMIHSIRAaM* vw,WASHM(;roNCOUW My COMMIWon E><plrea Apr 14, 2009 OFFICIAL SEAL y Official Signat Notary �'1C�.[ka . LKtt((CI Notary Public Notary's Printed 8r Typed Nam My Commission Expires: A(_ t i�4 • • 0 O p METES AND BOUNDS DESCRIPTION The accompanying plat represents a boundary survey of the land conveyed to Eighty Four Lumber Company by dcel dated July 2, 1980 of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 523 at Page 287. The said land fronts the northeasterly right-of-way of Amoco Lane, Virginia Route 839 approximately 345 feet southeast of its intersection with U.S. Route I 1 in Stonewall Magisterial District, Frederick County, Virginia and is more particularly described by metes and bounds as follows: Tax Parcel 43-A-48A Beginning at a 3/4" iron rebar found in the southeasterly limited access right-of-way line of U.S. Route 11, also being the most northerly comer of the land of Franchise Realty Interstate Corporation as recorded in Deed Book 490 at Page 632. Thence, with said southeasterly limited access right-of-way line of U.S. Route 11, N 60048'58" E—120,73' to a concrete monument found, also being a point in the westerly limited access right -of --way line of Interstate Route 81; thence with said westerly limited access right-of-way line of Interstate Route 81 the following four (4) courses: S 67031'08" E—136.14' to a concrete monument found; thence S 18032'28" E 52741' to a concrete monument found; thence S 18940'29" E--1iL43' to a concrete monument found; thence S 08019'22" E—104.00' to a concrete monument found; thence departing said westerly limited access right-of-way line of Interstate Route 81 and running with rho nonheasterly right-of-way line of Amoco Lane, Route 839 the following two (2) courses: S 83°14'38" W — 96.77' to a concrete monument found; thence N 57035'52" W — 600.00' to a I/2" iron rebar found; thence departing said northeasterly right-of-way line of Amoco Lane, Route 839 and running with the southerly and easterly lines of said Franchise Realty Interstate Corporation the following four (4) courses: N 32"24'08" E-147.99' to a 1/2" iron ncbar found; thence S 25007'42" E - 71.85' to a 1/2" iron rcbar found; thence N 64°52'18" E—180.00' to a 518" iron mbar found; thence N 25007'42" W — 282.02' to the point of beginning; Containing OW Acres, more or leas. Surveyed on January 24-26, 2007. l 7 0 U& AVM H IIIAH�£ alD1H R/i!' a/4' W tW 45-A-M 19VO1SE ffATY rfrtnrsntn- taora WMV aR 400, PrA OW zow, 62 -S .26Vr42' F 7Id5' t/' EAMM INC TAX PARCH 4.,"64 ACM am vow 32,E P" 20? 'S �, . / \ y MOW Ov FJ . Jv , BOUNDARY SURVEY OF 7W LAID OF EQHTY FOUR LUAMER COMPANY SMM1ft11 U WOSMK Ats W,, FRMU&W L Wff,, WOO sma t' - fwl 19M .NWWY 26, 2W7 GREENWAY ENGINEERING, w. ISl PliltLone I A�Fnchors�b�la 22602 sw►�n►s ) 662��6s FAX (540) n2.0J29 Flrnid i�lP71 www„pr..MgvrlFtMn f �l VIRGINIA. PREDERICK Comm scr. This Ing-meet of writing w- pmdtbwd to me on —1 `' _ at 5, 111_ and with ,mrtiflcate of admowlodgemcm ttwmo amwud waa a�d�mitted to record. Tax hnpoeed by Sec 38.1-802 of SJa f1LLLL_ and 58.1.801 have boon pWd.If aueua* 4ew " , Clerk OF 2 M. • • 0 CJ • July 29, 2016 Mr. Evan Wyatt Grcenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: REZONING #05-16 CB Ventures PINS: 43-A-48A Dear Evan: COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on July 27, 2016. The above -referenced application was approved to rezone 3.75+/- acres from the B3 (Industrial Transition) District to the B2 (General Business) District and 1.23+/- acres from the B2 (General Business) District to the B2 (General Business) District with proffers. This property also has an existing IA (Interstate Area Overlay) District designation which permits one interstate overlay sign. The property is located on the south side of Martinsburg Pike (US Route 1 1) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81, Exit 317 in the Stonewall Magisterial District. The prolTer statement, originally dated February 1, 2016, with final revision date of Rdy 1, 2016, that was approved as a part of this rezoning application is unique to the above referenced properties and is 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, Candice Perkins, AICP, CZA Senior Planner CEP/pd Attachment cc: JUdith MCCann-Slaughter, Supervisor Stonewall District William Cline and Gary Oates, Shawnee District Planning Commissioners Jane Anderson, Real Estate 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Ellen Murphy, Commissioner ol' RCVCnue Rod Williams, County Attorney Nv/Prollcr and RCSOIutiOn CB VCnIures, LLC, 415 Cccil SU•cet, Winchester, VA 22601 E Pam Deeter To: Judy McCann -Slaughter; wcline.fredcogovpc@icloud.com; Gary Oates (Greywolfeinc@aol.corn) Subject: Rezoning CB Ventures approval letter Attachments: SKMBT_PLAN16072910190.pdf Good morning, Please find attached a letter of approval for Rezoning CB Ventures which is in your magisterial district. If you have any questions, please contact Ms. Perkins. Pam Deeter Planning and Development 107 N. Kent Street, Suite 202 Winchester, VA 22601 (540) 665-5651 Pam Deeter From: Microsoft Outlook To: Judy McCann -Slaughter Sent: Friday, July 29, 2016 10:21 AM Subject: Delivered: Rezoning CB Ventures approval letter Your message has been delivered to the following recipients: Judy McCann -Slaughter (*slaughter@fcva.us) <mailto:islaughter@fcva.us> Subject: Rezoning CB Ventures approval letter 1 0 • Pam Deeter From: Mail Delivery System < MAILER- DAEMON @co.frederick.va.us> To: wcline.fredcogovpc@icloud.com Sent: Friday, July 29, 2016 10:21 AM Subject: Relayed: Rezoning CB Ventures approval letter Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: wcline.fredcogovpc@icloud.com Subject: Rezoning CB Ventures approval letter Candice Perkins From: Eric R. Lawrence <ELawrence@fcsa-water.com> Sent: Tuesday, July 26, 2016 9:11 AM To: Evan Wyatt Cc: Candice Perkins; Judy McCann -Slaughter; Chuck Dehaven Subject: CB Ventures rezoning Evan - I am in receipt of the revised proffer statement, dated July 1, 2016, for CB Ventures LLC. The revision satisfies FCSA concerns; FCSA is supportive of the rezoning application REZ 05-16 and associated proffer statement dated July 1, 2016. Thank you. Eric R. Lawrence, AICP Executive Director Frederick County Sanitation Authority 315 Tasker Road Stephens City, Virginia 22655 540-868-1061 www.FCSA-Water.com elawrence@fcsa-water.com 1 • 0 REZONING APPLICATION 405-16 CI3 VENTURES Staff Report for the Planning Commission Prepared: June 1, 2016 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 06/15/16 Pending Board of Supervisors: 07/27/16 Pending PROPOSAL: Rezoning 805-16 for C13 Ventures LLC. submitted by Grcenway Engineering, to rezone 3.75-1-/- acres from the 133 (Industrial Transition) District to the 132 (General Business) District, and 1.23-1-/- acres from the 132(Gcneral Business) District to the 132 (General Business) District with proffers. This property also has all existing IA (Intel -state Ai -Ca Overlay) Dlstl'Ict dcsignatim which permits one interstate overlay sign this is a high 1'ise sign that allows Cci'taill Uses such as gasoline stations, restaurants aild hotels to be sCC[1 from the Interstate. LOCATION: The property is located On the South side Of Martinsburg Pike (US Route 1 1) and the northeast side of Amoco Lanc (Route 839) at the SOLlthwest quadrant of hlterstate 81, Exit 317. EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 06/15/16 PLANNING COMMISSION MEETING: This is all application to 1'czonc a total OI 4.98 aci-es of land fi'Onl the 132 (Genel'al Business) aild 133 (Industrial Transition) Districts to the 132 District with proffers to accommodate commercial uses. This property is located within the Sewer and Water Service Area (SWSA) aild Is located Within the llnlits Of the Northeast Land Use Plan of the 2030 Comprehensive Plan. The Northeast Land Use Plan identifies this property with a commercial land use designation. In general, the proposed commercial zoning is consistent with the Current land LISC Supported by the Comprehensive Plan. With this rezoning, the Applicant has proffered to construct upgrades to Amoco Lane (Route 839) within the limits of the existing right-of-way to the limits Of their southeastern most commercial entl'ai1Ce aild to also pl'Ovide Intel -parcel connection ii1to the acllaccilt Sheetz property that is currently 1.111dC1' CO11StI'11Cti011. The Applicant has also proflcl'Cd to design and consti'Llct a Sewei' ptimp station, pl'OvidC f01' landscaping On the pi'Opei-tics II'Onting Amoco Lalle aild pl'OVide a moi1Ctary conti'1blitioll Of $0.05 per building square foot Ior Firc and RCSCLIC. A few elements of the rezoning applicat1011 have been 1dCiltlficd that ShOLlld be cal'efully evaluated to enSlll'C that they fully addl'CSs the impacts associated With this 1'czoning request. The Planning Commission ShOLlld pay pai'tiClllal' attention to the Amoco La11C Llpgl'adcs, the S1111tation Auth01'ity C011 meilts and the buf IC1'lilg proposed with this development. COnfil'nlation Of the issues iclelltlfled ill the Staff 1'eport, and ally ISSIICS 1'aiscd by the Plaimilig Commission, S1101-11d be addl'cSSed pl'lol' to a recommendation by the hlamling Commission. F611mying the required public hearing, a recommendation regarding, this rezoning application to the Board or Supervisors Would be appropriate. Tlie Applicaiit shoiild be pi'epai'ed to ailegiilitell, addrevs all concerns raised bl, the Planning Commission. Rezoning 1/05-16 CB Ventures June 1, 2016 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of'Supervisors to assist theni in snaking ai alecision on this application. It nay also he useful to othe'i's rotes-ested in this zoning inattei'. Usiresolved issue's concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 06/15/16 Pending Board of Supervisors: 07/27/16 Pending PROPOSAL: Rezoning -905-16 for C13 Ventures LLC. submitted by Grecnway Engineering, to rezone 3.75+/- acres from the B3 (Industrial"Transition) District to the B2 (General Business) District, and 1.23+/- acres from the 132(Gcneral Business) District to the B2 (General Business) District with proffers. This property also has an existing IA (Interstate Area Overlay) District designation which permits one interstate overlay sign this is a high rise sign that allows certain uses such as gasoline stations, restaurants and hotels to be seen from the interstate. LOCATION: The property is located on the south side of Martinsburg Pike (US Route 1 1) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81, Exit 317. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 43-A-48A PROPERTY ZONING: B2 (General Business) and B3 (Industrial 'Transition) Districts PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) Use: Commercial South: B2 (General Business) Use: Commercial & Residential East: M I (Light Industrial Use: Industrial & Interstate I81 West: B2 (General Business) Use: Commcrelal 0 Rezoning #05-16 CB VentLll-CS J1.111C 1, 2016 Page 3 REVIEW EVALUATIONS: Frederick -Winchester Service Authority: Will there be boundaries established for service area Of pUrnping Station and will I)Llllll)Illg station be designed with capacity in place for that service area. Frederick County Sanitation Allthol'ity: Please see the aUuchecl letter./i-om G,•ic Laivi-ence elated March 23, 2016. Public Works Department: We have completed Our review Of the proposed rezoning application for CB Ventures, LLC and offer the following comments: Refer to the hnpact Analysis, Suitability of the Site, Other Environmental Features: The entire site is underlain by lirncStollc with pronounced karst features. Indicate if a study has been performed or will be performed to locate any potential Sinkhole areas. Rcfcr to the Impact Analysis, Sewage Conveyance and Treatment: The narrative Indicate that the Applicant will be responsible for the design and construction Of a new sewer system that will include gravity lines, a pump station and a force main to the Red Bud Pump Station. The proffer statcnlcllt, paragraph D. Scwer Pump Station, should be expanded to include the design aIld COnStRICtiOn Of the force main. In addition, the Applicant should be responsible for Obtaining the casements rcgLllred to CO11StrllCt the force maiIl. A geotcchnical StLldy IIlay be regUired along the proposed alignment because of the presence of existing sinkholes. Frederick County Fire Mai -shall: Plans approved. Winchester Rel4ional Airport: The proposed rezoning is coIllpatible with airport Operations. Site plans will be reviewed individually. Virginia Dept. of Transportation: VDOT has completed the review of the subject rezoning; our comments are found below: The entrance location shown on the GDP for Amoco Lane has not been evaluated by VDOT. We recommend the entrance location shown on the GDP be removed or shown as "potential entrance — final design and location to be determined at the time Of site plan submission and rcquires VDOT approval". We recommend Proffer C. I be revised to Included Arnoco Lane improvements along the entire f-ontage rather thaIl Only to their entrance. We recommend the prof fcr include sidewalk and drainage in addition to the Curb and gutter. We recommend right-of-way width along property frontage with Amoco Lane match the existing width of right-of-way at the intersection along Sllcetz frontage. (uniformity on Amoco Lane). Frederick County Attorney: Please see the aticicheclletlerfivin Roclerick P. Gi 11imns elated Mcn-ch 4, Rezoning #05-16 CB Ventures June 1, 2016 Page 4 2016. Frederick County Planning Department: Please see attached letters fi-om Candice Perkins dated March 22, 2016 cruel John 13ishop dated Alwil 22, 2016. Planning & Zoning: 1) Site History: The original Frederick County zoning map (U.S.G.S. Winchester, VA Quadrangle) depicts the zoning of the subicet parcel as being split zoned B2 (General Business) District and B3 (IndUstIial Transition) District — this zoning Is consistent with the preseIlt day zoning oil the property. This property also has an existing IA (Interstate Area Overlay) District designation which permits one interstate overlay sign. The IA (hlterstate Area Overlay) District is intended to provide commercial businesses within an identified area the ability to utilize business signs that are in excess of the limits specified elsewhere in the Zoning Ordinance. This flexibility is provided to inform the traveling public of business Service Opportunities at speciFic interstate interchange areas. IA Overlay signs are permitted for hotels, restaurants and gasoline stations. 2) Comprehensive Policy Plan: The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 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 pIimary goal of this plaI1 IS to protect and improve the living enviI'onment 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 2030 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Lcincl Use The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of this property. The property is located within the SWSA. The 2030 CompI'ehensive Plan Identifies this property with a commercial land Use designation. IIl general, the proposed commercial zoning is consistent with the current land use supported by the Comprehensive Plan, subicct to the following comments. Trans )ortatlon ailcl Site Access According to the Applicant's Illlpact Analysis Statement, the preferred Option foI' commercial development includes a hotel and two restaurants. These uses could generate a total traffic volume impact of 4,365 daily trips. It should be noted that the property currently has a commercial zoning designation that COUld reSUlt In a g1'cater traffic volume impact with It's by- 0 • Rezoning 1105-16 CB Ventures June 1, 2016 Page 5 right use allowances (the Site COUld currently develop with all restaurant uses) than what is Currently proposed; thercfore a Transportation Impact Analysis (TIA) was not required for this application. Access to this site will be provided via Amoco Lane (Route 839) and through an inter -parcel connection into the Sheetz property that is currently under construction. There will be no direct access to Martinsburg Pike. The Applicant has proffered to design and construct improvements to Amoco Lane within the existing right-of-way to include pavement mill and overlay to the exiting unterline born the limits Of the pavement mill and Overlay improvements pCrformcd by Parcel 43-A-48 (Sheetz property); and for the installation Of curb and gutter along the frontage for the property t0 the limits OI the SOLItheastern most commercial entrance Serving the property that is developed along Amoco Lane. Staff would note that there is potential for the site's entrance to be at the northwestern edge of the property and therefore minimal Amoco Lane inIpI-OVCIIICntS WOUld be COIIStI-LICtCd. fhc Applicant should consider upgrading Amoco Lane along the frontage of their property. Staff Note: Staff and VDOT recommend that the Amoco Lane improvements be e_\temled along the entire Amoco Lane frontage and R-O-W exImnsion for Amoco Lane. 3) Site Suitability/Environment: The subject property does not contain any areas of I7oodplain, Wetlands Or other environmental features. This area is, however, known for karst topography and special attention Should be paid during development IOr potential sinkholes aIld related Impacts. 4) Potential Impacts: A. Sewer and Water The Applicant's Impact Analysis Statement projects that the development Would regUil-C 22,000 gallons per Clay of water; the PCSA has adequate water supply and pressure to serve the property Up to a maxinILI111 anticipated flow Of 50,000 gallons per clay. The Applicant's Impact Analysis Statement projects that the development COUld produce Up to 22,000 gallons per day oI' sewage flow. This area currently does not have sewer infrastructure constructed to serve the property. The Applicant has proffered to design an on -site gravity sewer system that will tic into a new Sewer pump station located in the southeastern end Of the Subject property that will also be COnStRICted by the ApplicaIt. 1 h1S pLllllp station will direct efflLlerlt fr0111 this area t0 an existing 8-inch sewer force main located approximately 700 feet South Of the Subject property. The new pLllllp station is anticipated to be designed for 40 gpm with a peak capacity Of approximately 52,750 gpd. Staff Comment: The %' CSA rellnested that this proffer be expanded to include a SCADA (Supervisoiy Control and Data Acquisition) vj�Stem that is coordinate With other pump stations on this force main. Rezoning #05-16 CB Ventures June 1, 2016 Page 6 B. Use According to the Applicant's Impact Analysis Statement, the preferred option for commercial development includes a hotel and two restaurants. It should be noted that these uses are not proffered. The Applicant has restricted six uses as outlined in proffer A (see below); however it is unlikely that the majority of these L1SCS would be clevelopcd oIl this property. C. Landscaping and Buffering "This property is located in a developing area that contains a number of established residential properties. Special attention Should be provided to ensure that the impacts to the adJacent residential properties are considcrcd. The site CLI1'1-Clltly has a row of established trees along Amoco Lane. The Applicant has proffered to provide a landscape buffer on the residential lots across Amoco Lanc if' desired by the property owners; however there is no commitment to keep the existing vegetation. Staff Comment: Consldel-ation should be given to maintaining the twisting matin-e evergreen and decidnons trees located along Amoco Lane. Utilizing the existing vegetation, and supplementing if necesmq, lvould be pl'eferable to Yemoval and Yeplacement. 4) Proffer Statement, Dated February 1, 2016, revised May 9, 2016: A) Land Use Restrictions - The Applicant has proffered to prohibit the following uses: • Truck Stops • Golf Driving Ranges and Miniature Golf Courses • Social Services • Commercial Batting Cages Operated Outdoors • Fire and Rescue Services • Fire and Rescue Stations • Adult Retail The Applicant has also proffuccl to prohibit metal building construction on the property. B) Transportation Lnhancemell ts: 1) The Applicant has proffered to design and construct improvements to Amoco Lane within the existing right-of-way to include pavement mill and overlay to the exiting centerline Isom the limits of the pavement mill and overlay improvements performed by Parcel 43-A-48 (Sheetz property); and for the installation of'Curb and gutter along the frontage for the property to the limits of the southeastern most commercial entrance serving the property that is developed along Amoco Lane. Improvement shall be completed prior to the 1SSLIancc of a Certificate of occupancy. 2) The Applicant has proffered to provide inter -parcel connection to Parccl 43-A- 48 (Sheetz property) that will continue into the property from the limits of the Rezoning 1105-16 CB Ventures June 1, 2016 Page 7 inter -parcel connection stub within the 3' casement on the adjoiIling property. Improvenlent shall be completed prior to the issuance of a certificate of occupancy. C) Sewer Pump Station: The Applicant has proffered to design and construct a sewer pump station and sewer collection system xvith capacity sufficient to provide public sewer service for the bLlildollt 01"tlle property; as well as the existing residential land uses and the existing commercial land use On the southwest side of Amoco Lane. D) Off' -Site Residential Buffer: The Applicant has proffered to provide a landscape buffer consisting Of a single row of evergreen trees on the properties fronting along Amoco Lane that are improved as residential land use if desired by the property owner. Plantings shall occur alter site plan approval during the next appropriate planting Season. Monetary Contributions to Offset Impact of Development. A monetary contrlbllt1011 Of $0.05 per developed building square foot for County Fire and Rescue Services. STAFF CONCLUSIONS FOR TI-IE 06/15/16 PLANNING COMMISSION MEETING: This is an application to rezone a total of'4.98 acres of land from the B2 (General Business) and B3 (Industrial Transition) Districts to the B2 District with proffers to accommodate commercial uses. This property Is located within the Sewer and Water Service Area (SWSA) and 1S located within the limits of the Northeast Land Use Plan Of the 2030 Comprehensive Plan. The Northeast Land Use Plan identifies this property with a commercial land use designation. I11 general, the proposed commercial zoIling Is consistent with the current land use supported by the Comprehensive Plan. With this rezoning, the Applicant has proffered to construct upgrades to Amoco Lane (Route 839) Within the limits of the existing right-of-way to the limits of their SOLltheastern most commercial entrance and to also provide inter -parcel connection into the adjacent Sheetz property that is currently under construction. The Applicant has also proffered to design and construct a sewer pump station, provide for landscaping on the properties froiltl►lg Amoco Lane and provide a Illonetary contribution Of $0.05 per building Square foot for Dire and Rescue. A few elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the impacts associated with this rezoning request. The Planning Commission SIIOLIId pay partlCLllar attention to the Amoco Lane Upgrades, the Sanitation ALlthOrity comments and the buffering proposed with this development. Confirmation of the issues identified in the staff report, aIld any iSSLICS raised by the Planning Commission, Should be addressed prior to a recommendation by the Planning Commission. Following the fequh-ed public hem-ing, a i-ecommeiillation ie, at -ding this i-ezoning application to the BoaM of Supeiwisom would be appropriate. The Applicant should be prepiri•ed to adequately adrh'ess all coneenis raised by the Planning Commission. v REZ �k05-16 . GEJAC? i \ , WAY Applications Parcels Sewer and Water Service Area Building Footprints B1 (Business. Neighborhood District) B2 (Business. General Distrist) B3 (Business. Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) Mt (Industrial. Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) F I m cTNrwr /�/ Note: REZ # 05 - 16 Frederick County Dept c` CB Ventures, LLC PDevelopmee IN Kent 107 07 Kentt St PIN: Suite 202 43 -A - 48A Winchester, VA 226C' Rezoning from B2. 83 to B2 540 - 665 - 5651 Map Created: May 23 2016 Staff: cperkins 0 105 210 420 Feet `.1F i \ A REZ #05-16 P AN 1544 MA RiINSBURG PIKE Applications Parcels Sewer and Water Service Area Building Footprints Long Range Land Use Residential 44;; Neighborhood Village Urban Center - Mobile Home Community Q Business 0 Highway Commercial Mixed -Use Mixed Use Commercial/Office 0 Mixed Use Industrial/Office • Industrial ® Warehouse Heavy Industrial Q Extractive Mining `7J Commercial Rec i"".1-1 0 Rural Community Center ® Fire & Rescue 410 Historic (9> Institutional - Planned Unit Development 4//i Park C—) Recreation School Employment Airport Support Area O B2/B3 OResidential. 4 u/a OHigh -Density Residential 6 u/a OHigh -Density Residential, 12-16 u/a QRural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation OEnvironmental & Recreational Resources REZ#05-16 CB Ventures, LLC PIN: 43 - A - 48A Rezoning from B2. B3 to B2 i 4' PACiN rar Nate: Frederick County Dept of Planning Developme^e IN Kent St Suite 202 Winchester, VA 2260 540 - 665 - 5651 Map Created: May 23, 2016 Staff: cperkins 0 105 210 420 Feet 1 1111 4 I REZ # 05 - 16 MAR;ItN"SIBURG� CB Ventures, LLC K PIN: 43 - A - 48A Rezoning from B2, B3 to B2 PIKE ZAMI VSSURG IKE • _Ui M w Aab -"4 liv 44 WAY �!4 No*- 0 k hk 6, PROFFER STATEMENT CB VENTURES, LLC COMMERCIAL DEVELOPMENT Stonewall Magisterial District Frederick County, Virginia TM 43-((A))-48A May 9, 2016 Current Owner: CB Ventures, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 Greenway Engineering February 1, 2016 CB ventures, LLC Rezoning Revised April 25, 2016; Revised May 9, 2016 CB VENTURES, LLC COMMERCIAL DEVELOPMENT PROFFER STATEMENT REZONING: RZ # B-3, Industrial Transition District and B-2 Business General District to 13-2 Business General District with proffers PROPERTY: 4.98± acres Tax Map Parcel 43-A-48A (here -in after the "Property") RECORD OWNER: CB Ventures, LLC (here-iii after' the "Owner") APPLICANT: CB Ventures, LLC (here -in after the "Applicant") PROJECT NAME: C13 Ventures, LLC Commercial Development ORIGINAL DATE OF PROFFERS: February 1, 2016 REVISION DATE: May 9, 2016 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 1111C1C1-SIg11ed OW11e1- hereby prof tei-s that lil the event the Boa1'd of Stlpei-visors of Frederick County, Virginia, shall approve Rezoning Application #_ for the rezoning of a 4.98±-acre parcel from the B-3, InClusti'1al Transition District and B-2, Business General District to establish 4.98±-acres of B-2, Business General District with proffers, (level opment of the 4.98±-acre subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County 130ard 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 W1thCIrami mid have Ilo effect whatsoever. These prof (e1's shall be binding upon this Owner and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by CB Ventures, LLC, being all of Tax Map Parcel 43-((A))-48A, as evident by Special Warranty Deed recorded as Instrument #15001 1639, and further described by ALTA/AGSM Land Title Survey Plat prepared by Greenway Engineering, dated January 26, 2007 (see attached Survey Plat). File 020220HAW Greenway Engineering February 1, 2016 CB Ventures, LLC Rezoning Revised April 2.5, 2016; Revised May 9, 2016 A.) Land Use Restrictions 1. The Owner hereby proffers to prohibit the following land uses within the Property: Truck Stops SIC 5541 Golf Driving Ranges alld MllllatUre Golf COLI1-SCs SIC 7999 Social Services SIC 83 Commercial Batting Cages Operatc(I Outdoors NO SIC Iriclicated Fire and Rescue Stations No SIC Indicated Adult Retail No SIC Indicated 2. The Owner hereby proffers to prohibit metal building Construction On the Property. B.) Transportation Enhancements The OWller hereby prollers to design arlcl COI1StrUCt illlprovel11eritS to Amoco Laile (Route 839) within the existing right-of-way to inelucle pavement mill and overlay to the existing centerline from the limits of* the pavement mill and overlay improve111CI1ts per'Iormecl by the developer of' Tax Mal) Parcel 43-A-48; alld for the installation of club and gutter along the frontage of the Property to the limits of the southeastern most commercial entrance serving the Property that is clevelopecl along Amoco La11C. These improvemerits will be clesigIlecl alld conStructecl by the Owner Concurrent with the clevelopment of the first approved Site Development Plan for the Property and will be corripletecl prior to the issuance of the first Certil'icale of Occupancy Permit associated with the Property. 2. The Owner hereby prol'Iers to provide inter -parcel connection to Tax Mal) Parcel 43-A-48 that will continue into the Properly from the limits of the inter -parcel comiectio11 Stllb Within the 30' lrlgress/egress easement oil the ad oilllllg property. This improvement will be clesigilecl and COIIStI'L1Cte(i by the OWIICI- COI1CLIrrellt with the development of the Site Development Plan adjacent to the 30' ingress/egress casement on the acl,joirling property and will be completecl prior to the issuance of the Certificate Of Occupancy Permit associated with this Site Development Plan. C.) Sewer Pump Station The Owner hereby proffers to clesign and Construct a sewer pump Station and sewer collection system with capacity sufficient to provide public sewer service for the bLlilclOUt of the Property; as well as the existing residelitlal land Uses allcl the existing commercial land use On the southwest sick of Amoco Lane (ROL1tC 839). The Owner proffers to File #2022UHA W 2 Greenway Engineering l7ebruary 1, 2016 CB Ventures, LLC Rezoning Revised April 25, 2016; Revised May 9, 2016 design the sewer pump station and sewer collection system in conformance with FCSA standards specifications and construct the Sewer line CollectioI1 system within proximity of the frontage of the Property along Amoco Lane (Route 839) to allow for the off -site land uses to connect to the collection system for access to the sewer- pump station at their cost. D.) Off -Site Residential Buffer The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off -site property owners. The Owner shall provide a letter to each property Owner within 30 Clays of filial approval for the first Site Plan proposed for the Property, which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that are fl lllllllllllllll Of fOUr feet in height and planted oil 10-foot centers in a location acceptable to each property owner. The letter will require the off -site property owners to respond in writing within 90 days of receipt of the letter advising the Owner Of the desire to have the landscape bUffCl- iilstalled within a landscape easemeIlt provided on the off -site property. The Owner shall install the proffered landscape buffer during the next appropriate planting season and shall be responsible for the replacement of ally tree that does not Survive lOr a period Of one year f -orn the date Of lllstallatioll. The following off -site properties will receive a letter from the Owner identifying the various iril'ormation identified above: Tax Map # 43C-4-1, 43C-4-2, 43C-4-4, 43C-4-5, 43C-4-6, 43C-4-7, 43C-4-8, 43C-4-9 Copies of the off -site property letters will be provided to the Frederick County Planning Department for inclusion in the rezoning project file. E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $0.05 per developed building SCluare foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the tilnC Of issuance of the Certificate o1 Occupancy Permit for Cach structure approved on the Property. OWNER SIGNATURE ON FOLLOWING PAGE File 112022C1?Aw 3 Greenway Engineering February I, 2016 CB Ventures, LLC Rezoning Revised April 25, 2016; Revised May 9, 2016 F.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest ol' the Owner and the Applicant. In the event the Frederick County Board 01• Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: CB Ventures, LLC Ned Browning, Manager ( Date Commonwealth of Virginia, City/County ofTo Wit: The foregoing instrument was acknowledged before me this I (o day of' �a 201(a by t,�e-,A 22r n My Commission Expires , I 2�f`7 tart' Publ is 01111 �.,��� .0NC1E1ys'CO =C,3. 3 �l. Fxoir m — = S 1, 2 es Nn' ��? 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SG' ^.tA /5$'/,� eJ, 2r IA. .^...•`J I • • FREDERICK COUNTY SANITATION AUTHORITY Post Office Box 1877 Winchester Virginin 22604-8377 March 23, 2016 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 PH (540) 868-1061 Fax (540) 868-1429 www,fcsa-watcr.com RE: Rezoning Application Comment CB Ventures LLC Commercial Tax Map Numbers: 43-A-48A 3.75 acres Dear Mr. Wyatt: Eric R. Lawrence Executive Director Thank you for the opportunity to offer review comments on the CB Ventures LLC Commercial rezoning application package, dated February 1, 2016. The Frederick County Sanitation Authority (FCSA) offers comments limited to the anticipated impact/effect upon the Authority's public water and sanitary sewer system and the demands thereon. The project parcels arc in the sewer and water service area (SWSA) and are served by FCSA. Based on the project's location both water and sanitary sewer services are available within a reasonable distance from the site. Sanitary sewer treatment capacity at the wastewater treatment plant is also presently available for the application's impact statement anticipated 22,000 gpd. Sanitary sewer conveyance from the site to the existing FCSA sewer system nlay be challenged due to limited available capacities in the nearby sewer force mains. The October 28, 2015 letter from FCSA to the property owner — Orr Partners, referenced in the project's Impact Analysis Statement, certainly offers a potential sewer conveyance solution; the solution was valid as of the writing of the letter. This solution involves the use of a SCADA system to coordinate introduction of wastewater flows into the sewer force main. The applicant's proffer, dated February 1, 2016, to construct a sewer pump station that will serve the site, and be designed with excess capacity to serve adjacent properties, is appreciated. In order to fully implement the solution of the October letter, this pump station should also include WATER'S WORTH IT 0 • Page 2 RE: CB Ventures LLC Commercial Mr. Evan Wyatt March 23, 2016 a SCADA system that is coordinated with other pump stations on this force main. The proffer was silent on the SCADA system component. Please keep in mind that sewer conveyance capacities and water supplies change daily, and with new customer connections bring additional flows. This letter does not guarantee system capacities to accommodate your development proposal. Water and sanitaiy sewers are to be constructed in accordance with the FCSA standards specifications. Dedicated easements may be required and based on the layout vehicular access will need to be incorporated into the final design. Thank you for the opportunity to offer review comments. Sincerely, a Eric R. Lawrence, AICP Executive Director Attached: October 28. 2015 letter Cc: Michael T. Ruddy, AICP, County Planning Department COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us March 4, 2016 VIA E-MAIL AND REGULAR MAIL Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 Re: Rezoning Application — CB Ventures LLC Rezoning Tax Parcel Number 43-A-48A (the "Property") Proposed Proffer Statement dated February 1, 2016 Dear Evan: You have submitted to Frederick County for review the above -referenced proffer statement (the "Proffer Statement") for the proposed rezoning of the Property, 4.98± acres, more or less, in the Stonewall Magisterial District, 3.751 from the B3 Industrial Transition District to the B2 General Business District, with proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: • Scope of Rezoning — Under "Preliminary Matters", you indicate that development of the entire 4.98± acres would be subject to the proffers. As such, it would appear that the rezoning should really be of the entire 4.981 acres, from the B2 General Business District and the B3 hidustrial Transition District to the B2 General Business District, with proffers. • Survey Plat -- At the end of the second "Preliminary Matters" paragraph, you indicate that a survey plat is attached, but I did not see an attachment. • Proffer A/Generalized Development Plan (GDP) — On the GDP, there is a red line, in -- •• -- format around the outside of what appears to be the Property's boundary. What is the significance of that line, as opposed to the solid black line enclosing the orange shaded area that appears to represent the Property? 107 North Kent Street o Winchester, Virginia 22601 C� Mr. Evan Wyatt March 4, 2016 Page 2 Proffer C 1 — The proffer is unclear regarding the length of the pavement section to be milled. It refers to the centerline and the limits of the pavement mill and overlay improvements performed by the developer of parcel 43-A-48, but does not indicate whether the milling would take place along the entire frontage of the Property. Also, the proffer is unclear regarding the extent of the curb and gutter commitment. It indicates "to the limits of the first commercial entrance". Is the area covered only the area from the boundary with parcel 43-A-48 to the entrance or does it also include the frontage to the southeast of the entrance? Proffer D — Staff should be aware that the proffer commits to the design and construction of sewer pump station, but then commits only to the design of the sewer line collection system within proximity of the frontage of the Property along An�)cc Lane. Also, the prober does not identify responsibility for connecting the sewer pump station to the existing 8-inch sewer force main, which the Impact Analysis Statement indicates is 700 feet to the south of the Property. Proffer E — The proffer does not state a time period or trigger event for provision of the indicated landscape buffer. 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. Sincerely, Roderick B. Williams County Attorney cc: Candice E. Perkins, Assistant Director of Planning & Development, Frederick County (via e-mail) COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 March 22, 2016 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for CB Ventures Commercial Property Identification Number (PIN): 43-A-487A Dear Evan: I have had the opportunity to review the draft rezoning application for the CB Ventures Commercial Properties. This application seeks to rezone 3.75 acres from the B2 (Business General) and B3 (Industrial Transition) Districts to the B2 (Business General) District with proffers. The review is generally based upon the proffer statement dated February 1, 2016. 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. Northeast Land Use Plan — Land Use. The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2030 Comprehensive Plan identifies this property with a commercial land use designation. In general, the proposed commercial zoning is consistent with the current land use supported by the Comprehensive Plan, subject to the following comments. 2. Northeast Land Use Plan — Existing Uses. This property is located in a developing area that contains a number of established residential properties. Special attention should be provided to ensure that the impacts to the adjacent residential properties are considered. Please consider enhanced site designs, corridor appearances, landscaping and building design with this application. 3. Pedestrian Accommodations. Please recognize that pedestrian accommodations should also be incorporated into the project. Particular consideration could be given to the signalized intersection of Amoco Lane and Route 11. 0 Page 2 Mr. Evan Wyatt RE: CB Ventures Commercial March 22, 2016 4. Proffer Statement — GDP. The Generalized Development Plan accompanying the Proffer Statement could be a little more detailed. It would be helpful to include elements such as pedestrian accommodations, building location, loading areas and buffering. 5. Proffer Statement — Uses. Please clarify why Fire and Rescue Stations are a prohibited land use. Consideration should be given to proffering particular uses (restaurant/hotel, etc) instead of proffering out uses. 6. Proffer Statement — Remainder of the Parcel. Proffer C2 obligates the portion of the property that is not subject to the rezoning. The entire 4.98 acres will need to be included with this rezoning application. 7. Proffer Statement — Monetary Contribution. It would be more preferable to specify a lump sum monetary contribution to offset the impact of development, rather than the proffered square footage calculation. 8. Existing Vegetation. Consideration should be given to maintaining the existing mature evergreen and deciduous trees located along the property boundary along Amoco Lane. Utilizing the existing vegetation, and supplementing if necessary, would be preferable to removal and replacement. 9. Landscaping. Additional landscaping and corridor appearance buffering should be provided along the property's frontage with the interstate. Other site design elements, such as building materials, should be included to recognize the visibility of this site to the interstate. 10. Plat. Provide a plat of rezoning that includes a metes and bounds description of the property for which the rezoning is being requested. Also, please provide a deed for the property and verification of taxes paid. 11. Transportation Comments. Please note that transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 12. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Sanitation Authority, Frederick - Winchester Health Department, the local Fire and Rescue Company, the Historic Resources Advisory Board, the County Attorney and the Frederick -Winchester Service Authority. Page 3 Mr. Evan Wyatt RE: CB Ventures Commercial March 22, 2016 13. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $10,375 based upon acreage of 3.75 acres. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/dw 0 • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 22, 2016 Evan Wyatt 151 Windy Hill Lane Winchester, VA 22602 RE: Frederick County Transportation Comment on Rezoning Request for CB Ventures, LLC Commercial Rezoning Dear Mr. Wyatt: I am in receipt of your materials for the rezoning of parcel 43-A-48A for a B2 Rezoning. I would like to offer the following comments and concerns as you proceed with your rezoning request. As you correctly noted the gross differential in potential traffic does not rise to the level to require a Traffic Impact Analysis under Virginia Chapter 527 regulations. However, please consider the following impacts as you proceed with your rezonng application. a. Analysis of turn lane capacities and potential signal retimings that may be necessary to keep the impacted intersection flowing properly. b. Implementation of the Comprehensive Plan road section across your property frontage. c. Avoid peak hour impacts of construction deliveries and materials movements as you implement the plan for the property. d. Additional items that may be raised by VDOT that I have failed to address. Thank you for this opportunity to comment and I look forward to being of assistance as you proceed with your application. Please let me know if any additional feedback or information is needed. Sincerely' John A. Bishop Assistant Director — Transportation JB/pd cc: rezoning file, Candice Perkins, Michael T. Ruddy 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 FND%01971 151 Windy Hill Lane GREENWAY Winchester, VA 22602 ENGINEERING May 2, 2016 Frederick C011llty Planning Department Attn: CaIldice Perkins, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: CB Ventures LLC Commercial Rezoning — Review Agencies Comment Response Letter Dear Candice: The purpose of this letter is to provide you with a comprehensive comment response letter that addresses the CB Ventures, LLC Commercial Rezoning comments received from the various review agencies. The comprehensive comment response letter is structured to provide for the specific review agency, the date the comment was received, and information pertaining to each review comment. This information is intended to explain how specific comments have been addressed by the rezoning application or advise why the specific comment was not ilICluded in the proffered development program for the commercial redevelopment project. Frederick -Winchester Service Authority — Comment dated February 9, 2016 Will there be boundaries established for the service area (?f the pumping station and will the I mlpilig station be designed ivith capacity foi- that service area? COMMENT RESPONSE: The subject site is located within the Sewer and Water Service Area (SWSA), which is the established boundary for public water and sewer service that is provided by the Frederick County Sanitation Authority (FCSA). FCSA and the City of'Winchester have water and sewer infrastructure in this geographic area of the C0111111unity due to previous development activities; however, FCSA has the first right of refusal for providing water and sewer service for new devClopnlent in the County. FCSA provided a letter dated October 28, 2015 advising that they had adequate water Supply and pl-eSSUre to Serve the property oil Amoco Lane lip to a maximum anticipated flow o1 50,000 gpd. FCSA has also advised that sewage effluent in excess of 4,000 gpd will require the development of a pUlllp Stati011 With capacity SL1111clent to accommodate the SllbjeCt property and existing residential and commercial properties located along Amoco Lane. The Owner's Proffer Statement provides a commitment for this sewer infrastructure and Greenway Engineering has coordinated with FCSA to prepare design plans for this system. Engineers Surveyors Planners Environmental Scientists Laboratory Telephone 540-662-4185 Fax 540-722-9528 www.greenwayeng.com Project #202206nW 1 0 • • • Frederick County Public Works — Comment dated February 12, 2016 • Indicate if a study has been performed or will be hetformed to locate potential sinkhole areas. COMMENT RESPONSE: The Owner has not performed a study to locate sinkholes to date; howevcl', geotechnical analysis of the development al'Cas oil the pl'oJect site will be pei-foi-hied ill COIIJLll1Ctl0ll with the C011SU'LICtIOn phase Of the cO1111I1eI'Cial I'edevelopment pI'oJect. The Impact Analysis Statement has been I'CVISCCI to lllClLide a statement to this effect. The Proffer Statement should be expanded to include the design and construction of the force plain and the responsibility Qf the Owner to obtain easements required to construct the force main. A geotechnical study may be required along the proposed alignment because of the presence of sinkholes. COMMENT RESPONSE: Grcenway Engineering and the Owncr have been working with FCSA on the development of a sanitary sewer system that will be appropriately sized to allow f0i' public sewei' sel'Vlce for the fLlll build-011t Of the cominel'Cial 1'cdevelopment pI'oJect; as well as accommodating the existing CO1111 et -vial and I'eSidentlal land LISCS that fI'ont along A111000 Lane. GI'eenway Enginecring has prepared a design at the Owner's expense that has been submitted to FCSA and VDOT for review and approval. The Owner will work directly with FCSA to implement the Construction 01' this new sanitary sewer system; therefore, it is not necessary to modify the Proffer Statement as suggested by the County Engineer. Frederick County Fire Marshal — Comment dated February 22, 2016 • Rezoning Approved. Frederick County Attorney — Comment dated March 4, 2016 The Proffer Statement is inclusive of the entire 4.98± acres; therefore, this should be reflected in the Preliminary Matter section gf'the Proffer Statement. COMMENT RESPONSE: The April 25, 2016 Proffer Statement has been revised to reflect the County Attorncy's comment. The Preliminary Matter section references a survey plat that ivas not included in the review packet. COMMENT RESPONSE: The survey plat will be submitted as infol'lllation with the formal filing of the rezoning application. Project #2022Ctrnw 2 0 ! • 0 Explain the di/Jerence belvveen the red line and the black line on the proffered Generalized Development Plan (GDP). COMMENT RESPONSE: The red line is the physical property boundary line and the black line was created to frame the commercial ]and use area. The proffers arc specific to the entire 4.98± acre parcel; therefore, the black line is general and does not reduce the area of the proffered rezoning. Please Mote that the revised Proffer Statement dated April 25, 2016 has eliminated the GDP as a proffered element of the rezoning application as this document oIlly demonstrated access points for the subject property and the locations of off -site properties that would be provided opportunities for of -site landscape buffering. These design elements are described in the April 25, 2016 Proffer Statement. ❖ Proffer Cl is unclear regarding the length of the pavement section to be milled and to the extent of the crmb and gutter commitment. COMMENT RESPONSE: Section Cl of the April 25, 2016 Proffer Statement has been revised to require the pavement mill and overlay and extension of curb and gutter along the property frontage to the limits of the southeastern most entrance serving the property. Proffer D does not identify responsibility connecting the pump station to the sewer force plain. COMMENT RESPONSE: Greenway Engineering and the Owner have been working with FCSA on the development of a sanitary sewer system that will be appropriately sized to allow for public sewer service for the full build -out of the commercial redevelopment project; as well as accommodating the existing commercial and residential land uses that front along Amoco Lane. Greenway Engineering has prepared a design at the Owner's expense that has been submitted to FCSA and VDOT for review and approval. The Owner will work directly with FCSA to implement the Construction of this new sanitary sewer system; therefore, it is not necessary to modify Section D of the Proffer Statement. Pro/fer R does not slate a lime period or trigger event for' provision of the indicated landscape buffer. COMMENT RESPONSE: Section E of the April 25, 2016 Proffer Statement has been revised to require the Owner to provide written notice to the off -site property owners within 30 days of Site Plan approval for the first structure to be developed on the property, which requires the off -site property owner to respond within 90 days advising of' their desire to have landscaping and their willingness to provide a landscape easement on their property. The Owner is required to install the landscaping during the next favorable planting season and for replacement of landscaping for a period of One-year from the date of installation. Winchester Regional Airport — Comment dated March 22, 2016 s• Rezoning Approved. Project #2022CtEAw 3 0 • Virginia Department of 'Transportation — Comment dated March 22, 2016 • The entrance on the CDP should be removed or identified as a potential entrance. COMMENT RESPONSE: Please note that the revised Proffer Statement dated April 25, 2016 has eliminated the GDP as a proffered element Of the rezoning application aS this C10CL1111Cnt only demonstrated access points for the subject property and the locations of' off -site properties that would be provided Opportunities for off -site landscape buffering. These design elements are described in the April 25, 2016 Proffer Statement. It is recomniended that Prof%er CI be revised to include improvements to Amoco Lade along the entire frontage of the property. COMMENT RESPONSE: Section Cl of the April 25, 2016 Proffer Statement has been revised t0 I'CgLlii'C the pavement mill anCl Overlay and extension Of Curb and glitter along the property frontage t0 the lii111tS Of 1hC SOLItheaStern most entrance Serving the property. It is recommended that right-of-way width along the property fi'on.tage match the existing right- (?/ -way width at the intersection of the Sheetz frontage. COMMENT RESPONSE: Right -Of -Way along the maJority of the Sheetz. frontage is consistent with the existing fight -of -way along the frontage of the Property. Widening the right-of-way along the frontage of the Property to match the fight -of -way width Of the inteIsection would I'CSLIIt in fight -of -way that does not match along the Amoco Lane travel aisles. Frederick County Planning — Continent dated March 22, 2016 •3 The proposed commercial rezoning is consistent with the current land use supported by the Comprehensive Plan. COMMENT RESPONSE: Agreed. The property is located near established residential properties. Special attention should be provided to ensure that impacts to adjacent residential properties are considered. COMMENT RESPONSE: The established residential properties are all zoned B-2, Business General District without proffers; therefore, future development of these properties will not be SUbJCCt t0 site a11C1 bLlildtng CICSIgll stanClardS that are 110t SI)CC1fIC to CUrrent Zoning Ordinance requirements. The Owner has proffered to provide a sanitary sewer system that will accommodate the existing residential properties and has proffered to provide landscaping on individLlal properties if desired by the property Owner to provide fOl- VlSLlal i111tigat1Ol1 lllltll these properties develop commercially in the future. Project #2022C/CAW 4 • Pedestrian. accommodations should be incorporated, particularly at the signalized intersection of Amoco Lame and Route 11. COMMENT RESPONSE: The Sheetz Site Plan provides for proposed crosswalk and striping at the signalized intersection of Amoco Land and ROL1tC 11. .•• > > > > design elements and building locations. The proffer eal GDP could be n►or c detailed to urclude d� g g COMMENT RESPONSE: Please note that the revised Proffer Statement dated April 25, 2016 has eliminated the GDP as a proffered element of the rezoning application as this dOCUment Only demonstrated access points for the subject property and the locations Of off -site properties that would be provided opportunities for off -site landscape buffering. These design elements are described in the April 25, 2016 Proffer Statement. Consideration slrorrlal be givers to proffering particular rises instead of proffering out rises. COMMENT RESPONSE: The land uses prohibited by the proffer statement are intended to mitigate impacts to the existing residential land uses. It should be noted that the existing residential properties are zoned 13-2, Business General District and do not have land use restrictions when they are developed commercially in the future. The entire 4.98 acres will need to be included with this rezoning application. COMMENT RESPONSE: The April 25, 2016 Proffer Statement has been revised to incorporate the entire 4.98 acres that are subject to the proposed proffers. It ivould be preferable to specify a hrmp surnr monetary contribution rather than a proffered square footage calculation. COMMENT RESPONSE: The proffered monetary contributions based on square footage calculations is consistent with other project proffers accepted by the County. Consideration should be given to maintaining the existing mature vegetation along Amoco Lane. COMMENT RESPONSE: The redevelopment of the property includes sanitary sewer along the Amoco Lane frontage that will be accessible for the existing residential land uses; as well as curb and gutter improvements and mill overlay improvements that may impact the existing mature vegetation along Amoco Lane. Greenway Engineering will work with the Planning Department during the Site Plan review process to determine if' mature vegetation can be preserved within the required 10' parking lot setback area between the Amoco Lane right-of- way and the parking curb. Project #2022CtEAW 5 11 Additional landscaping and corridor appearance buffering should be provided along the properties frontage with the interstate. Other site design elements such as building materials should be included to recognize the visibility of this site to the interstate. COMMENT RESPONSE: The property is the last undeveloped Commercially zoned property adjacent to Interstate 81. Other developed properties have not provided lanClscape buffering due to the desire t0 have interstate visibility a1 cl this site CleSlres t0 develop In the Sallie maIlner. Other developed properties have Usecl traditional Corporate construction materials and traditional corporate slgnage and this Site desires to develop in the Same manner. Frederick County Sanitation Authority — Comment dated Marcli 23, 2016 Water and sanitary sewers are to be constructed in accordance with the FCSA standards specifications. COMMENT RESPONSE: Greenway Engineering and the Owner have been working with FCSA on the clevelopment of a sanitary sewer system that will be appropriately sizecl to allow for public sewer service for the 1111I bUild-OUt Of the commercial redevelopment project; as well as acco11 moclating the existing commercial and resiclential land L1SCS that front along Amoco Lane. Greenway Engineering has prepared a c1CSIgn at the Owner's expense that conforms t0 FCSA stanclarcls specifications that has been Submitted to FCSA and VDOT for review and approval. Frederick County Transportation — Comment dated April 22, 2016 ❖ Consider analysis of lurn lane capacities, potential signal retiming, implementation of the Comprehensive Plan road section across the frontage of the property, and peak hour impacts of construction malerials deliveries daring the development of the property. COMMENT RESPONSE: The Site Plan for proposed commercial land uses will be analyzecl by VDOT to consider turn lane capacities and signal timing. The property frontage is more than 40 feet from the existing northbound Route 1 I travel lanes; therefore, the future widening of ROWC I I to acCO11 mo(late a Six -lane roacl section can be accommodated WithOLlt the 11eCCI for additional right-of-way. It is not anticipatCCl that C011StRICtion materials deliveries will occur during the PM Peak I-Iour; however, there may be S0111C COI1StrllCti0I1 materials Clellverles that occur Cluring the latter portion of the AM Peak Hour between 7:00 AM and 8:00 AM. Project #2022C/EAW 6 Please advise me if you have any questions regarding this Information or if there is any additional information that Is necessary pertaining to these comments. Greenway Engineering will provide a copy of this letter and the April 25, 2016 Proffer Statement to all review agencies identified in this letter- and will provide the Planning Department with copies of the review agency transmittal letters as information associated with the formal filing packet for the Planning Commission and Board of Supervisors public hearing process for this rezoning application. Sincerely, T 1 1 Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. Cc: CB Ventures, LLC Review Agencies Identified in this Letter Project #2022C/GAw 7 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. Pee Amount Paid $ j (3 1 y Zoning Amendment Number 0 (P Date Received 5 ,2o (I (-P PC Hearing Date tp I is BOS Hearing Date �1 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: CB Ventures, LLC Address: 415 Cecil Street Winchester, VA 22601 ont. t hCi'S011 if other than above: Name: Evan Wyatt 4. Property Information: Telephone: (540) 662-4185 Telephone: (540) 313-5132 Telephone: (540) 662-4185 a. Property Identification Number(s): 43-A-48A b. Total acreage to be rezoned: 3.75 +/- acres of a 4.98 +/- acre parcel C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 3.75 +/- acres of a 4.98 +/- acre parcel d. Current zoning designation(s) and acreage(s) in each designation: B2 District (1.23 +/- acres) B3 District (3.75 +/- acres) e, Proposed zoning designation(s) and acreages) in each designation: B2 District 4.98 +/- acres f. Magisterial District(s): Stonewall District 12 • 5. Checklist: Check the following items that have been included with this application. Location map Agency Comments i ✓ Plat ✓ I Fees ✓ Deed to property _j ✓;_ Impact Analysis Statement _; ✓ Verification of taxes paid _i ✓ _ 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: CB Ventures, Inc. - Ned Browning and Randy Craun 7. Adjoining Property: PARCEL ID NUMBER USE ZONING See Attached Adjoining Property Map Exhibit & Table 8. Location: The property is located at (give exact loca tion based on nearest road and distance from nearest intersection, using road names and route numbers): Located on the south side of Martinsburg Pike (US Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Exit 317 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: TBD Mobile Home: N/A Hotel Rooms: TBC Square Footage of Proposed Uses Office: N/A Service Station: N/A Retail: TBD Manufacturing: N/A Restaurant: TBD Warehouse: N/A Commercial: TBD Other: 10. Signature: I (we), the undersigned, do hereby respectfully mike application and petition the Frederick County Board of Supervisors to arrend the zoning ordinance and to change the zoning nup of Frederick County, Virginia. I (we) author ize 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 daysprior to the Planning Corrunission public hearing and the Board of Supervisors public hearing and mintained so as to be visible fromthe road right-of-way until the hearing. I (we) hereby certify that this application and Its accoln panying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: 1 I(v Date: Owner(s): Date: Date: 14 I a :r 7 y� U A SOA O U A 50 f- 3 Q Z 3� G Q Alf�► Z { rb, �`�sa �� UJ j Pe Ui `L 11 11 F O J O Q U A 48 r a � Q Cr O w Il w / LLI 43 A 16 U A "A 661 J J O Q � LU U 0- 5 LLJ �. 839 _Z Z Z U A 47 m Q U ♦ o a- A--PACTN-WAK—_ w�V ♦ y _ ��4 b \ ♦ 0_ < z 4 b /a ♦ Legend 0, wC7 0 = i w Z ��y y CB Ventures, LLC Property, TM 43-A48A 0- O Cr w Q w w u ♦ ® o Portion of 43-AdBA To Be Rezoned yV Er � v~i Z UU o s Adtoining 8 Subtect Properties w U Cr Cr a< C� Y w ev Parcel Boundary w z U a _ Z O z n > U w W Z q 0 Feet u o MEL 43C 4 •0 150 0 150 ) w �. ..ia . � s!rwYC 1t• fJA^ __ - �11�[hr. � U D y� 0 0 CB VENTURES, LLC PROPERTY Tax Map Number Owner Mailing Address City & State ZIP Acres 01 01 43 A 46 PINE MOTOR COMPANY INC 2224 WILSON BLVD WINCHESTER, VA 2260 0.7 43 A 47 PINE MOTOR CO INC 2224 WILSON BLVD WINCHESTER, VA 22601 1.83 43 A 48 KREMER PROPERTIES INC, C/O SHEETZ H309 ATTN JODY BARTKO 5700 GTH AVE ALTOONA, PA 16602 2.34 43 A 48A CS VENTURES LLC 415 CECIL ST WINCHESTER, VA 22601 4.98 43 A 49 WELLTOWN PIKE LLC 2150 S LOUDOUN ST WINCHESTER, VA 22601 1.46 43 A 50 AAOESH LLC 1593 MARTINSBURG PIKE WINCHESTER, VA 22603 1.4 43 A 50A RDM HOSPITALITY LLC 1601 MARTINSBURG PIKE WINCHESTER, VA 22603 3.38 43C 4 1 DUNIVAN DAVID E 140 AMOCO LN WINCHESTER, VA 22603 0.5 43C 4 2 SALES JERRY A, SALES THERESA L 117WESTWOODCIR WINCHESTER, VA 22602 12260410.S7 0.57 43C 4 3 ISLAMIC SOCIETY OF WINCHESTER PO BOX 4440 WINCHESTER, VA 43C 4 4 GREENE JOHN B SR, GREENE REBECCA R 168 AMOCO LN WINCHESTER, VA 22603 0 43C 4 5 BROY ROBERT EUGENE TRUSTEE, BROY SUE ANN TRUSTEE 758 BOOM RD BERRYVILLE, VA 22611 0.5 43C 4 6 SHANHOLTZ DAVID L, SHANHOLTZ LA RHONDAT 188 AMOCO LN WINCHESTER, VA 22603 0.57 43C 4 7 JOBE MARYA 8960 N FREDERICK PIKE CROSS JUNCTION, VA 22625 0.75 43C 4 8 JOBE MARYA 8960 N FREDERICK PIKE CROSS JUNCTION, VA 22625 0.75 43C 4 10 JOBE MARY A 8960 N FREDERICK PIKE CROSS JUNCTION, VA 22625 0.11 Source: Frederick County GIS, 2015 Data Adjoining Properties Listing Sorted by Tax Map Number • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: ww��.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) CB Ventures, LLC (Address) 415 Cecil Street Winchester, VA 22601 (Phone) (540) 313-5132 the owner(s) of all those tracts or parcels of land ("Prope rty") conveyed to in e (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 150011639 on Page �68 , and is described as Parcel: 43 Lot: A Block: 48A 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) nam e, p lace and ste ad with full power and authority I (we) would have if acting personall y to file planning applications for m y (our) a bove 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) ave h reto set my (our) hand and seal this �_ day of , 201, Signature(s) State of Virginia, City/County of , To -wit: I, SI�-2 K owe, , a Not ary Public in and for the jurisdiction afo�y is Y S certify that the p son(s) who sig ned to the foregoing instrum ent personally appeared before t i '�FanEJ*0,, 9 acknowledged the same before me in the jurisdiction aforesaid this �_ day of , 20 11 „fycJ _cam: I mmEX = - O : July3) Aires _ My Commission Expires: 31 NQ .7g No ublic 0 ',,lye;• BLIG .'\Q` '�;"; ISol%��`�� n 150011639 Cn Grantee's Address: Tax Map No. 43 A 48A O° CB Ventures, LLC 415 W. Cecil Street Winchester, Virginia 22601 Attn: Edward Browing Return Original To: Consideration: $558,250.00 64cfu4o(. 957,560.0 SPECIAL WARRANTY DEED This SPECIAL WARRANTY DEED (this "Dee(P') is made as of November, 2015 by and between ORR-WINCHESTER, LLC, a Virginia limited partnership ("Grantor") and CB VENTURES, LLC, a Virginia corporation ("Grantee"). WITNESSETH For TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby GRANT, BARGAIN, SELL and CONVEY, with special warranty, unto Grantee, its successors and assigns, in fee simple, all of Grantor's right, title and interest in and to all that curtain real property situated, lying being in Frederick County, Virginia, and being more particularly described in Exhibit A attached hereto and made a part hereof, together with all buildings, fixtures and other improvements located thereon (die "Property"). TO HAVE AND TO HOLD the Property, together with all rights, privileges and advantages tliereunto belonging or appertaining, to Grantee, its successors and assigns, in fee simple forever. This conveyance is made subject to all recorded covenants, restrictions, conditions, casements, reservations, agreements and rights -of -way to the extent that the same are valid and subsisting and apply to the Property or any part thereof. [Signature on Next Page] Deed Prepared By: Mathew D. Ravencraft, Esq. Rees Broome, PC 1900 Gallows Road, Suite 700 Tysons Corner, Virginia 22182 "O G7 C Q� WITNESS the following signatures and seals: `o ORR-WINCIIESTER, LLC, a Virginia limited liability company By: Name: David L. Orr Title: Manager A�1e 6-IF 4j" ayolm GN 1I3,N -T1+of Vff i �X: CITY/COUNTY OF IM : The foregoing instrument was acknowledged before me this �a day of November, 2015, by David L. Orr as Manager of Orr -Winchester, LLC, on behalf of the limited liability company. RR' L. /L fl- taryP blic NOTARY PUBLIC = otzz aryIzegistration Number: My Commission Expires: 12Q ).� J/lil,4 CON�����\\ i C- '1.I EXHIBIT A o Legal Description of Property All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way, and appurtenances thereunto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, fronting on the northeasterly right of way of Amoco Lane, Virginia Route 839, approximately 345 feet southeast of its intersection with U. S. Route 11, bounded on the East by Interstate Route 81, and more particularly described on that certain plat titled "Boundary Survey Of The Land Of Eighty Four Lumber Company" dated January 26, 2007, drawn by Ernest S. I-Iolzworth, L.S., which plat is attached to that certain Special Warranty Deed dated May 4, 2007, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 070007414; and being the same property which was conveyed to Orr -Winchester, LLC, a Virginia limited liability company, by Special Warranty Deed dated May 4, 2007, from 84 Lumber Company, of record in the aforesaid Clerk's Office as Instrument No. 070007414. 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, 43-A-48A 1Vt0[II.GIClke U115\1528Y4D005UGn[51120 Special W.-my Uecd CB Wnt-1do" v1KvtN1A: F13DERICK COUNTY.SC-1. This instrument of writing was produced to me on !I-7�l-ZDl.S` at 11 :5olm and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 5&1-802 of r ,and 58.1-801 have been paid, if assessable. j6r--) ' Clcrk 3 i i • 070007414 CD Drawn By: Cheri B. Bomar Pierce Hardy Limited Partnership Mall To: David Orr c/o The Orr Company y 3110 Fairview Park Dr., 10 Floor Falls Church, VA 22042 SPECIAL WARRANTY DEED ADDRESS OF NEW OWNER SEND TAX BILLS TO MAP[PARCEL NO. Orr -Winchester, LLC Orr -Winchester, LLC 43 A 48A FOR AND IN CONSIDERATION of the sum of TWO MILLION DOLLARS ($2,000,000.00) cash in hand paid by the hereinafter named Grantee, and other good and valuable considerations, the receipt and sufficiency of which arc hereby acknowledged, 84 LUMBER COMPANY, a Pennsylvania Corporation, dba Pierce Hardy Real Estate, Inc. and Pierce Hardy Real Estate, Inc. having merged into Pierce Hardy Real Estate Co., a Pemisylvania Business Trust on June 29, 1992 and Pierce Hardy Real Estate Co. having merged into Pierce Hardy Real Estate Co., a Pennsylvania Corporation on February 9, 1995 and Pierce Hardy Real Estate Co. changed its name to the Magerko Corporation, a Pennsylvania Corporation on March 8, 1995 and the Magerko Corporation, a Pennsylvania Corporation having merged into Hardy Management U ui Company, Inc. a Pennsylvania Corporation on December 31, 2002 and having merged into Hardy ( zI- L n Management Company, Inc., a Nevada Corporation the said Hardy Management Company, Inc. Craw o �oir0 vv r, ; wr ¢ 9now conveying title individually and as nominee for Pierce Hardy Limited Partnership, a H Pennsylvania limited partnership, said Pierce ardy Limited Partnership having a beneficial Gj r: n ;W interest in the subject property pursuant to Nominee Agreement dated January 1, 1995, In (hereinafter, collectively called Party of the Grantor) has bargained and sold, and by these -A presents does transfer and convey unto ORR-WINCHESI'ER, LLC, a Virginia limited liability O t � 3 �. 1 O 0 N company (The "Grantee"), Grantee's heirs and assigns, a certain tract or parcel of land in Frederick County, State of Virginia, being more particularly described as follows, to wit: See Attached Exhibit A This conveyance is subject to taxes for the year 2007 and subsequent years, all matters shown on documents of record. TO HAVE AND TO HOLD the said tract or parcel of land with the appurtenances, estate, title, and interest thereto belonging to the said Grantee, Grantee's heirs and assigns, forever. And Grantor does covenant with the said Grantee that Grantor is lawfully seized and possessed of said land in fee simple; has a good right to convey it, and the same is free from all encumbrances made or suffered by Grantor. And Grantor does further covenant and bind himself, his heirs and assigns, to specially warrant and forever defend the title to the Property to the said Grantee, his heirs and assigns against the lawful claims of all persons claiming by, through or under the Grantor, but not further or otherwise. Wherever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has caused this Deed to be executed this A-th day of May 2007. Hardy Management Company, Inc., successor by mergers to 84 Lumber Company By: Cheri B. Bomar, Assistant Vice President/Sccretary 2 0 w Pierce Hardy Limited Partnership, beneficial owner pursuant to nominee agreement dated January 1, 1995 By: Peter Jon Co., LLC, General Partner By: TheriYBomar, Assistant Vice President/Secretary STATEOF �! U1i11 Gl COUNTY OF �Sil tr�q�rx> I, L- . U-K-K Aq"- , a Notary Public of the aforesaid County and State, do hereby certify that the following person, being personally known to me or by producing satisfactory evidence of his or her identity, to wit Dr-Y t 3 . a-31'QYpersonally appeared before me this day, and acknowledged to me that he or she is the duly authorized Assistant Vice President/Secretary of Peter Jon Co., LLC, the sole general partner of Pierce Hardy Limited Partnership, a Pennsylvania limited partnership, and, being duly authorized, he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated for and on behalf of said limited partnership. Date:�L--_ , 200] �1A L& tit (1 WAW t wrt�W MoWry P%AW raonn+sm�YVV, WAP4W-VNCO11W My C Mm"w BxpUM Apr 14. 2009 OFFICIAL SEAL Official Signatur. f Notary r -1 - Ukbght- , Notary Public Notary's Printed or Typed Nkine My Commission Expires: jA- � Zca T O 0 o STATE OF r COUNTY OFSh 1i`ct� I, L - Lk-)O C h+ , a Notary Public of the aforesaid County and State, do hereby certify that the following n, being personally known to me or by producing satisfactory evidence of his or her identity, to witCrCX' % j-:� - C • personally appeared before me this day, and acknowledged to me that he or she is the duly authorized Assistant Vice President/Secretary of Hardy Management Company Inc., and, being duly authorized, he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated for and on behalf of said corporation. Date: NAO�,A_A--. 200- NoWtw tit IET~ t wow Nokn ft9ft NomN smAW* rtw wt►OMMN ccaNrr MY corrn,rpon Ems« u. 2W9 OFFICIAL SEAL f ) Official Signatu Nota�ry Notary Public Notary's Printed ar Typed Nam My Commission Expires: Ap 0 A � 2o aq 0 CD 0 01 METES AND BOUNDS DESCRIPTION The accompanying plat represents a boundary survey of the land conveyed to Eighty Four Lumber Company by deed dated July 2, I980 of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 523 at Page 287. The said land fronts the northeasterly right-of-way of Amoco Lane, Virginia Route 839 approximately 345 feet southeast of its intersection with U.S. Route I 1 in Stonewall Magisterial District, Frederick County, Virginia and is more particularly described by mets:s and bounds as follows: Tax Parcel 43-A-48A Beginning at a 3/4" iron rebur found in the southeasterly limited access right-of-way line of U.S. Route 11, also being the most northerly comer of the land of Franchise Realty interstate Corporation as recorded In Deed Book 490 at Page 632. Thence, with said southeasterly limited access right-of-way line of U.S. Route 11, N 60048'58" E—120.73' to a concrete monument found, also being a point in the westerly limited access right-of-way litre of Interstate Route 81; thence with said westerly limited access right-of-way line of Interstate Route 81 the following four (4) courses: S 67031'08" E — IX14' to a concrete monument found; thence S 18032'28" E -- $27.51' to a concrete monument found; thence S 18040'29" E 1I1.43' to a concrete monument found; thence S 08019'22" E—104.00, to a concrete monument found; thence departing said westerly limited access right-of-way line of Interstate Route 81 and running with the northeasterly right-of-way line of Amoco Lane, Route 839 the following two (2) courses: S 83°14'38" W — 96.77' to a concrete monument found; thence N 57035'52" W — 600.00' to a 1/2" iron rebar found; thence departing said northeasterly right-of-way line of Amoco Lane, Route 839 and running with the southerly and easterly lines of said Franchise Realty Interstate Corporation the following four (4) courses: N 32"24'U8" E-147.99' to a 1/2" iron rebur found; thence S 25607142" E - 71.85' to a 1/2" iron rcbnr found; thence N 64°52'18" E 180.00' to a 5/8" iron rebar found; thence N 25007'42" W — 282,02' to the point of beginning; Containing 4.9864 Acres, more or less. Surveyed on January 24-26, 2007. 0 LJ USL ROM H IItR4w MW R/W N 3/4- W r,Y, 43-A-488 f)b1AK7RSE REItTY 1NIQ45TATE txY0F10/i/ aR 490, PG OW 2t1AlE B2 �'� 1/SE IPISTAI.RWf 1/2- 1RF i 1 1� S 2=77'42" E 71M' al'iS?'!dz E fe12m a 1 ,read ' TAX rrcw 4J A•4dA 4.9864 ACRfS �. DaD BOOK 52,1; PAGE 267 t s h ROUNLKRY SURVEY OF UE LMD OF E/ONTY FOUR LUMBER COMPANY STOt1iEMU WG61ERHt I7�l nWr,, COIAMTY, h1iGM SWE. f' - 100' DATe AVLNRY 26• 2007 GREENWAY ENGINEERING, w. ls1 1 02 W t �,K PAX (540) n2-cue PoLwA d in 1971 www4rftm*wyaip.eom VIRGIN[&- FREDERICK COUNTY, SCT, This Instrument of writing was produced to me on yy�� S-`1-aoo7 at ' 55 ,M :md with certificate of admowledgcmeni thereto annexed was admitted to record, Tax imposed by Sec. 58.1-802 of $'� - and 58,1-801 have been paid. If ameasable 4ew 444w--, , Clerk Of 2 IN REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Stajj Zoning Amendment Number. PC Hearing Date Fee Amount Paid $ Date Received _ BOS Hearing Date_ The %)lowing iq/ormation 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, Wincliester. 1. Applicant: Name: Greenway Engineering, Inc Address: 151 Windy Hill Lane Telephone: (540) 662-4185 Winchester, VA 22602 2. Property Owner (il' different than above): Namc: CB Ventures, LLC Telephone: (540) 313-5132 Address: 415 Cecil Street Winchester, VA 22601 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540) 662-4185 4. Property Information: a. Property Identification Number(s): 43-A-48A b. Total acreage to be rezoned: 4.98 +/- acre parcel C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parccl(s) is not being rezoned): 4.98 +/- acre parcel Cl. Current Zoning designation(s) and aercage(s) in each designation: B2 District (1.23 +/- acres) B3 District (3.75 +/- acres) e f Proposed zoning dcsignation(s) and acrcagc(s) in each designation: B2 District with proffers applied to 4.98 +/- acres Magisterial District(s): Stonewall District 12 • • 5. Checklist: Check the following itcll)s that have been lnCllldCd with this application. Location map ✓ Agency Comments I ✓ j Plat ✓ Pees ✓ Deed to property _ ✓ i_ Impact Analysis Statement _ ✓ _ Verification Of taxes paid _I ✓ I_ Proffer Statement _I ✓ I_ Plat depicting exact meets and bounds for the proposed Zoning district _ ✓ _ Digital Copies (pdf S) of all SUbmitted ClOCUments, maps and exhibits _I ✓ 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: CB Ventures, Inc. - Ned Browning and Randy Craun 7. Adjoining Property: PARCEL ID NUMBER USE ZONING See Attached Adjoining Property Map Exhibit & Table 8. Location: The property is located at (give exact loci tion based On nearest road and distance fron) nearest intersection, using road names and route numbers): Located on the south side of Martinsburg Pike (US Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Exit 317 13 • • 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: N/A Townhonle: N/A Multi -Family: N/A Non -Residential Lots: TBD Mobile Home: N/A Hotel Rooms: TBD Square Footage of Proposed Uses Office: N/A Service Station: N/A Retail: TBD Mall UfaCtlU'lllg: N/A RestaUrailt: TBD WarehollSC: N/A Commercial: TBD Othcr: 10. Signature: I (we), the Undersigned, do hereby respectfully nnkc application and petition the Frederick County Board OFSLIpervisors to anl;nd the zoning ordinance and to change the zoning nap of Frederick County, Virginia. I (we) author In 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 daysprior to the Planning Con-unission public hearing and the Board of Supervisors public hearing and mintaincd so as to be visible fi-on-flhe road right-of-way until the Ilearing. I (we) hereby certify that this application and its accom panynlg materials are tI"lie and accurate to the best Of Illy (Our) knowledge. Applicant(s): Date: 5 `) I Date: Owncr(s): 14 Date: > 6 b Date: 1 2 � u A SOA O -41 U u A 50 Q , GQ��� Z D see �`P LfJ . LNU 43 A 49 V 11 11 0 Q' 0 J O } a �- Q u A N W Or �rOc��ti d P��\NSeJ�G a ON / 11J W J � � u A 48 L] A 48A 661 J '� O Q Q' W U a LLJ Z_ / u A u l" Z 1E Z W O O � 3 m � ♦ 9—PAC7IV-WAY �` ♦ O y V "V U_ o Q" a ♦ c Leaend a z rn rn Z N " \ O CB Ventures. LLC Property, TM 43-A-4N• J w w w R �4 \ 4 0 ® Portion of 43-A-48A To Be Rezoned p (f T j 0 O o Ad)oimng 8 Subfect Properties vi W Cr a m O < O Y y O Parcel Boundary w 2 z Q a Z W O p 3 0 > U a W Wcc Z p Feet o LL g L 43C 4 10 150 0 150 ., c— s«, - Fr.,.r- c;..-r, .w .,.s o.o.1*,,,w .�,• 5 c, 0 CB VENTURES, LLC PROPERTY Tax Map Number Owner Mailing Address City & State ZIP Acres 0 0 43 A 46 PINE MOTOR COMPANY INC 2224 WILSON BLVD WINCHESTER, VA 22601 0.71 43 A 47 PINE MOTOR CO INC 2224 WILSON BLVD WINCHESTER, VA 22601 1.83 43 A 48 KREMER PROPERTIES INC, C/O SHEETZ #309 ATTN JODY BARTKO 5700 6TH AVE ALTOONA, PA 16602 2.34 43 A 48A CB VENTURES LLC 415 CECIL ST WINCHESTER, VA 22601 4.98 43 A 49 WELLTOWN PIKE LLC 2150 S LOUDOUN ST WINCHESTER, VA 22601 1.46 43 A 50 AADESH LLC 1593 MARTINSBURG PIKE WINCHESTER, VA 226031 1.4 43 A 50A RDM HOSPITALITY LLC 1601 MARTINSBURG PIKE WINCHESTER, VA 226031 3.38 43C 4 1 DUNIVAN DAVID E 140 AMOCO LN WINCHESTER, VA 22603 0.5 43C 4 2 SALES JERRY A, SALES THERESA L 117 WESTWOOD CIR WINCHESTER, VA 22602 0.57 43C 4 3 ISLAMIC SOCIETY OF WINCHESTER PO BOX 4440 WINCHESTER, VA 22604 0.57 43C 4 4 GREENE JOHN B SR, GREENE REBECCA R 168 AMOCO LN WINCHESTER, VA 22603 0 43C 4 5 BROY ROBERT EUGENE TRUSTEE, BROY SUE ANN TRUSTEE 758 BOOM RD BERRYVILLE, VA 22611 0.5 43C 4 6 SHANHOLTZ DAVID L, SHANHOLTZ LA RHONDA T 188 AMOCO LN WINCHESTER, VA 22603 0.57 43C 4 7 JOBE MARY A 8960 N FREDERICK PIKE CROSS JUNCTION, VA 22625 0.75 43C 4 8 JOBE MARY A 8960 N FREDERICK PIKE CROSS JUNCTION, VA 22625 0.75 43C 4 10 JOBE MARY A 8960 N FREDERICK PIKE CROSS JUNCTION, VA 22625 0.11 Source: Frederick County GIS, 2015 Data Adjoining Properties Listing Sorted by Tax Map Number CB VENTURES, LLC PROPERTY Tax Map Number Owner Mailing Address City & State ZIP Acres 0 0 43 A 46 PINE MOTOR COMPANY INC 2224 WILSON BLVD WINCHESTER, VA 2.2601 0.71 43 A 47 PINE MOTOR CO INC 2224 WILSON BLVD WINCHESTER, VA 22601 1.83 43 A 48 KREMER PROPERTIES INC, C/O SHEETZ #309 ATTN JODY BARTKO 5700 6TH AVE ALTOONA, PA 16602 2.34 43 A 48A CS VENTURES LLC 415 CECIL ST WINCHESTER, VA 22601 4.98 43 A 49 WELLTOWN PIKE LLC 2150 S LOUDOUN ST WINCHESTER, VA 22601 1.46 43 A SO AADESH LLC 1593 MARTINSBURG PIKE WINCHESTER, VA 22603 1.4 43 A 50A ROM HOSPITALITY LLC 1601 MARTINSBURG PIKE WINCHESTER, VA 22603 3.38 43C 4 1 DUNIVAN DAVID E 140 AMOCO LN WINCHESTER, VA 22603 0.5 43C 4 2 SALES JERRY A, SALES THERESA L 117 WESTWOOD CIR WINCHESTER, VA 22602 0.57 43C 4 3 ISLAMIC SOCIETY OF WINCHESTER PO BOX4440 WINCHESTER, VA 22604 0.57 43C 4 4 GREENE JOHN B SR, GREENE REBECCA R 168 AMOCO LN WINCHESTER, VA 22603 0 43C 4 5 BROY ROBERT EUGENE TRUSTEE, BROY SUE ANN TRUSTEE 758 BOOM RD BERRYVILLE, VA 22611 0.5 43C 4 6 SHANHOLTZ DAVID L, SHANHOLTZ LA RHONDAT 188 AMOCO LN WINCHESTER, VA 22603 0.57 43C 4 7 JOBE MARY A 8960 N FREDERICK PIKE CROSS JUNCTION, VA 22625 0.75 43C 4 8 JOBE MARY A 8960 N FREDERICK PIKE CROSS JUNCTION, VA 22625 0.75 43C 4 10 JOBE MARY A 8960 N FREDERICK PIKE CROSS JUNCTION, VA 22625 0.11 Adjoining Properties Listing Source: Frederick County GIS, 2015 Data Sorted by Tax Map Number 0 9 Action: PLANNING COMMISSION: June 15, 2016 BOARD OF SUPERVISORS: July 27, 2016 AMENDMENT - Recommended Approval - X, APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05-16 CB VENTURES, LLC WHEREAS, Rezoning 1105-16 of CB Ventures, LLC, submitted by Greenway Engineering, Inc., to rezone 3.75i acres from the I33 (Industrial Transition) 'Zoning District to the 132 (General Business) Zoning District and 1.23_t: acres from the B2 (General Business) Zoning District to the 132 (General Business) Zoning District with Proffers, final revision date of July 1, 2016 was considered. The Property is located on the south side of Martinsburg Pike (US Route 1 1) and the northeast side of Amoco Dane (Route 839) at the southwest quadrant of Interstate 81, Exit 317. The Property is further identified with PIN 43-A-48A in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on June 15, 2016 and recommended approval; and WHEREAS, the Board of'Supervisors held a public hearing on this rezoning on .fuly 27, 2016; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, "Zoning, is amended to revise the Zoning District Map to rezone 3.75.E acres from the B3 (Industrial Transition) Zoning District to the B2 (General Business) Zoning District and 1.23f acres from the B2 (General Business) "Zoning District to the I32 (General Business) Zoning District with Proffers, final revision date ofJuly 1, 2016. The conditions voluntarily proffered in writing by the Applicant and the Properly Owner are attached. PDRes 1124-16 • • -2- This ordinance shall be in effect on the date of adoption. Passed this 27th clay of .iuly, 2016 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Robert A. Hess Absent Gene E. Fisher Aye Blaine P. Dunn Aye PDRes #24-16 BOS Res. #008-16 Gary A. Lofton Aye Robert W. Wells Aye Judith McCann -Slaughter Aye A COPY ATTEST 1 rencia G. Garton Frederick County Administrator I',:� :;DERICK CW4TY.SM . V IIwININ ent of writingvvos produced to me on This instrum at , `D J 0 y am. �t f annexed ICI ertiiic ate acknowledges by Sec. 58.1-802 of an ct with c record. TaL' imp was admittcd to aid, iF assessable. ,and 58.1-80 t have been p / lr1n�q Greenway Engineering February 1, 2016 CB Ventures, LLC Rezoning Revised April 25, 2016; Revised ,tilay 9, 2016 Revised July I, 2016 CI3 VENTURES, LLC COMMERCIAL DEVELOPMENT PROFFER STATEMENT REZONING: RZ 1105-16 B-3, Industrial Transition District and B-2 Business General District to B-2 Business General District with proffers PROPERTY: 4.98± acres Tax Ma Parcel 43-A-48A (here -in after the "Property") ,,.,i� GIfl,�/ RECORD OWNER: CB Ventures, LLC (here -in after the "Owner") APPLICANT: CB Ventures, LLC (here -in after the "Applicant") PROJECT NAME: CB Ventures, LLC Commercial Development ORIGINAL DATE OF PROFFERS: February 1, 2016 REVISION DATE: July I, 2016 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 Rezoning Application 1105-16 for the rezoning of a 4.98±-acre parcel from the B-3, Industrial Transition District and B-2, Business General District to establish 4.98±-acres of B-2, Business General District with proffers, development of the 4.98±-acre 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 anicndcd 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 this Owner and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by CB Ventures, LLC, being all of Tax Map Parcel 43-((A))-48A, as evident by Special Warranty Deed recorded as Instrument 1/150011639, and further described by ALTA/ACSM Land Title Survey Plat prepared by Grecnway Engineering, dated January 26, 2007 (sec attached Survey Plat). I ile 112022017AW/fue 0 • G-. Greenway Gnginecring A.) Land Use Restrictions February 1, 2016 Revised April 25, 2016; Revised May 9, 2016 Revised July 1, 2016 CB Ventures, LLC Rezoning The Owner hereby proffers to prohibit the following land uses within the Property: Truck Stops SIC 5541 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Social Services SIC 83 Commercial Batting Cages Operated Outdoors No SIC Indicated Eire and Rescue Stations No SIC Indicated Adult Retail No SIC Indicated 2. The Owner hereby proffers to prohibit metal building construction on the Property. B.) Transportation Enhancements l . The Owner hereby proffers to design and construct improvements to Amoco Lane (Route 839) within the existing right-of-way to include pavement mill and overlay to the existing centerline from the limits of the pavement mill and overlay improvements performed by the developer of Tax Map Parcel 43-A-48; and for the installation of curb and gutter along the frontage of the Property to the limits of the southeastern most commercial entrance serving the Property that is developed along Amoco Lane. These improvements will be designed and constructed by the Owner concurrent with the development of the first approved Site Development Plan for the Property and will be completed prior to the issuance of' the first Certificate of Occupancy Permit associated with the Property. The Owner hereby proffers to provide inter -parcel connection to Tax Map Parcel 43-A-48 that will continue into the Property from the limits of the inter -parcel connection stub within the 30' ingress/egress easement on the adjoining properly. This improvement will be designed and constructed by the Owner concurrent with the development of' the Site Development Plan adjacent to the 30' ingress/egress easement on the adjoining property and will be completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. C.) Sewer Pump Station The Owner hereby proffers to design and construct a sewer pump station and sewer collection system with capacity sufficient to provide public sewer service for the buildout File H20220HAW/(ue 0 0 Greenway Engineering February I, 2016 CB Ventures, LLC Rezoning Revised April 25, 2016; Revised May 9, 2016 Revised July 1, 2016 of the Property; as well as the existing residential land uses and the existing commercial land use on the southwest side of Amoco Lane (Route 839). The Owner proffers to design the sewer pump station and sewer collection system in conformance with FCSA standards specifications and construct the sewer line collection system within proximity of the frontage of the Property along Amoco Lane (Route 839) to allow for the off -site land uses to connect to the collection system for access to the sewer pump station at their cost. The sewer pump station will incorporate a SCADA system as a component of the design plans. Should FCSA determine that a different control system be required subsequent to rezoning approval; it is agreed that the Owner can incorporate the different control system without the requirement of modifying this proffer. D.) Off -Site Residential Buffer The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off -site property owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, which advises of the Owner's offer to pay the cost for the installation of a single row of evergreen trees that are a minimum of four feet in height and planted on 10-foot centers in a location acceptable to each property owner. The letter will require the off -site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement provided on the off -site property. The Owner shall install the proffered landscape buffer during the next appropriate planting season and shall be responsible for the replacement of any tree that does not survive for a period of one year from the date of installation. The following off -site properties will receive a letter from the Owner identifying the various information identified above: Tax Map It 43C-4-1, 43C-4-2, 43C-4-4, 43C-4-5, 43C-4-6, 43C-4-7, 43C-4-8, 43C-4-9 Copies of the off -site property letters will be provided to the Frederick County Planning Department for inclusion in the rezoning project file. R.) Monetary Contribution to Offset Impact of Development 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 each structure approved on the Property. File 112022C/I:AW/fue 3 0 0 Greenway Engineering February 1, 2016 CB Ventures, LLC Rezoning Revised April 25, 2016; Revised May 9, 2016 p Revised July 1, 2016 0 s OWNER SIGNATURE ON FOLLOWING PAGE F.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner and the Applicant. 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: CB Ventures, LLC Ned Browning, Manage Date Commonwealth of Virginia, City/County of t.. To Wit: The foregoing instrument was acknowledged before me this day of 20_ by Notary Public My Commission Expires OEANNA D PAINTER NOTARY PUBLIC REG 07135427 COMfAON%VEALTH OF VIRGINIA MY COMMISSION EXPIRES SEPTEMBER 0 2020 File #20220GAWlfue Evan Wyatt From: Rod Williams <rwillia@fcva.us> Sent: Friday, May 06, 2016 2:29 PM To: Evan Wyatt Cc: Candice Perkins Subject: CB Ventures rezoning - tax parcel 43-A-48A Evan, I am in receipt of the revised proffer statement dated April 25, 2016. 1 did notice that item G should now be changed to item F. Beyond that, it is legally acceptable as a proffer statement. I do note that my comments for staff remain as to what is now item C re sewer facilities, but the proffer is legally acceptable. 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 f Greenway Engineering February I, 2016 CB ventures, LLC Rezoning Revised April 25, 2016 CB VENTURES, LLC COMMERCIAL DEVELOPMENT PROFFER STATEMENT REZONING: RZ # B-3, InclUstrial Transition District and 13-2 13LISiness General District to B-2 Business General District with proffers PROPERTY: 4.98± acres Tax Map Parcel 43-A-48A (here -in after the "Property") RECORD OWNER: CB Ventures, LLC (here -in after the "Owner") APPLICANT: CB Ventures, LLC (here -in after the "Applicant") PROJECT NAME: CB Ventures, LLC Commercial Development ORIGINAL DATE OF PROFFERS: February 1, 2016 REVISION DATE: April 25, 2016 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 Rezoning Application #_ for the rezoning of a 4.98±-acre parcel from the B-3, Industrial Transition District and B-2, BUSiness General District to establish 4.98±-acres of 13-2, Business General District with proffers, development of the 4.98±-acre SUbject property Shall be done In conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such 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 cleemed withdrawn and have no effect whatsoever. These proffers shall be bincling LIp011 this Owner and their legal Successors, heirs, or assigns. The Property, more particularly described as the lands owned by C13 Ventures, LLC, being all of Tax Map Parcel 43-((A))-48A, as evident by Special Warranty Deed recorded as Instrument #150011639, and further described by ALTA/AGSM Land Title Survey Plat prepared by Greenway Engineering, dated January 26, 2007 (see attached Survey Plat). Pile #2022CIiAW J Greenway Engineering February I, 2016 CB Ventures, LLC Rezoning Revised April 25, 2016 A.) Land Use Restrictions 1. The Owner hereby proffers to prohibit the following land uses within the Property: Truck Stops SIC 5541 GOII� Driving RaligeS and MII11atUre Golf COLA-SeS SIC 7999 Social Services SIC 83 Commercial Balling Cages Operate(l OUR1001-S No SIC Indicated Fire and Rescue Stations No SIC Inclicated Adult Retail No SIC Inclicated 2. The Owner hereby proffers to prohibit metal bLIi1Cllllg COnstrUct1011 Oil the Property. I3.) Transportation Enhancements The Owner hereby proffers to design and Construct inlprovelllents to Anloco Lane (Route 839) within the existing right-of-way to include pavement mill allcl overlay to the existing centerline from the limits Of the pavement mill and overlay improvements performecl by the developer Of Tax Map Parcel 43-A-48; and for the installation of Curb and gutter along the frontage of' the Property to the limits Of the SOLltheasterll most commercial Ciltrailce sci-vlllg the Property that is cleveloped along Amoco Laile. These improvemel1ts Will be designed alld constructed by the OWner Concurrent with the clevelopment of the first approvecl Site Development Plan for the Property and will be eompletecl prior to the issuance of the first Certificate of OCCupancy Permit associated with the Property. 2. The Owner hereby proffers to provicle inter -parcel connection to Tax Map Parcel 43-A-48 that will continue into the Property from the limits of the inter -parcel C011I1CCt1011 Stub within the 30' higresS/egress easelllellt On the adlolnlllg property. This improvement will be designed and CO1lSt1-ucted by the OWnel- CO1lC1l1-1*C1lt with the clevelopment of the Site Development Plan acljaeent to the 30' ingress/egress easement on the acllolillllg property and Will be complete(l prior t0 the issuance of the Certificate Of Occupancy Permit associatecl with this Site Development Plan. C.) Sewer Pump Station The Owncr hereby proffers to design and construct a sewer pump station and sewer collection system with capacity sufficient to provicle public sewer service for the build011t of the Property; as well as the existing residential land Uses ai1Cl the existing commercial land use On the Southwest side of- Amoco Lane (Route 839). The Owner proffers to File #2022C/1iAW Pa Greenway Engineering February 1, 2016 C3 Ventures, LLC Rezoning Revised April 25, 2016 design the sewer pump station and sewer collection system in conformance with FCSA standards specifications and constRICI the sewer link collection system withii1 proximity of the frontage of the Property along Amoco Lane (Route 839) to allow for the off -site land uses to connect to the collection system for access to the sewer pump station at their cost. D.) Off -Site Residential Buffer The Owner hereby proffers to provide a landscape buffer On the properties fronting along Amoco Lane (Route 839) that are improved as residential land use it' desired by the individual off -site property owners. The Owner shall provide a letter to each property owner within 30 clays of filial approval for the first Site Plan proposed for the Property, which advises of the Owner's offer to pay the cost for the Installation of a single row of evergreen trees that are a I11II1111111111 Of foul' feet ill height and planted oil 10-foot centeI's ill a location acceptable to each property owner. The letter will require the off -site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement provided on the off -site property. The Owner shall install the proffered landscape buffer during the next appropriate planting season aild shall be responsible for the replacement of any tree that does 110t SUI'Vlve for a period of one year from the elate of installation. The following off -site properties will receive a letter from the Owner identifying the various information identified above: Tax Map # 43C-4-1, 43C-4-2, 43C-4-4, 43C-4-5, 43C-4-6, 43C-4-7, 43C-4-8, 43C-4-9 Copies of the off -site property letters will be provided to the Frederick County Planning Department for inclusion in the rezoning project file. E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $0.05 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 each structure approved on the Property. OWNER SIGNATURE ON FOLLOWING PAGE File 112022CIFAw 3 Greenway Engineering February I, 2016 CB Ventures, LLC Rezoning Revised April 25, 2016 G.) Signatures The conditions proffered above shall be bllldlilg LIp011 the hCh-S, executors, administrators, assigns and SLICCCSSOI-S in the interest Ol the Owner and the Applicant. In the event the Frederick COLInty Board Of SLIpCI-VlSors grants this rezoning and accepts the conditions, the prof-fered conditions shall apply to the land re"/_Oiled in addition to Other ret:ILllremellts set forth in the Frederick County Code. Respectfully Submitted: CB Ventures, LLC Ned Browning, Manager Com monweal th of Virginia, City/County 01' To Wit: The foregoing instrument was acknowledged before me this clay of 20_ by Notary Public My Commission Expires Date File 112022C/1 iA W 4 \ 43-A-48A CURRENT ZONING c 2 \ B2 1.23 t ACRES N g N 8 B3 3.7575 t ACRES 2 m p 43-A-48A POST- REZONING = 2'0 62 4.98 t ACRES d d m N L L G AMOCO LANE ROUTE 839 VARIABLE WIDTH R/W 80 40 0 80 SCALE: 1" = 80' Qzz IAZW W z W� z t7 w DATE M/Z2/2016 SCAM l'-W 160 BmsmBen By.. rAw JOB NO. 2022C SHM I or I PROFFER STATEMENT CB VENTURES, LLC COMMERCIAL DEVELOPMENT Stonewall Magisterial District Frederick County, Virginia TM 43-((A))-48A February 1, 2016 Current Owner: CB Ventures, LLC Contact Person: Evan Wyatt, Director of Land Planning C,reenway Engineering. Inc. 151 Windy Hill Lane Winchester, VA 22602 Greenway Engineering February 1, 2016 CB Ventures, LLC Rezoning CB VENTURES, LLC COMMERCIAL DEVELOPMENT PROFFER STATEMENT REZONING: RZ # B-3, Industrial Transition District to B-2 Business General District PROPERTY: 4.98± acres (3.75±-acre portion proposed for rezoning) Tax Map Parcel 43-A-48A (here -in after the "Property") RECORD OWNER: CB Ventures, LLC (here -in after the "Owner") APPLICANT: CB Ventures, LLC (here -in after the "Applicant") PROJECT NAME: CB Ventures, LLC Commercial Development ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters February 1, 2016 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 Rezoning Application # for the rezoning of 3.75±-acres ol' a 4.98±-acre parcel from the 13-3, Industrial Transition District to establish 3.75±-acres of B-2, Business General District, development Of the 4.98±-acre Subject property shall be clone in conformity with the terms and conditions set forth herein, except to the extent that SL1CI1 M-nis 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 reZ0111ng is not granted, then these proflcrs shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Owner and their legal Successors, heirs, or assigns. The Property, more particularly described as the lands owned by CB Ventures, LLC, being all of Tax Map Parcel 43-((A))-48A, as evident by Special Warranty Deed recorded as Instrument #150011639, and further described by ALTA/ACSM Land Title Survey Plat prepared by Greenway Engineering, dated January 26, 2007 (see attached Survey Plat). rile I12022CY1-Inw Greenway Engineering • February 1, 2016 • CB Ventures, LLC Rezoning A.) Generalized Development Plan The Owner hereby proffers to develop the Property ill substantial conformity with the attached Generalized Development Plan ("GDP") prepared by Greenway Engineering dated February 1, 2016 that will be approved as a condition Of the rezoning application. The GDP shall identify the general location Of the improvements along Anloco Lane (Route 839), the general location of the inter -parcel connector with Tax Map Parcel 43- A-48, and the general location of the of'f-site Residential Buffer Area. B.) Land Use Restrictions The Owner hereby proffers to prohibit the following land uses within the Property: Truck Stops SIC 5541 Golf Driving Ranges and Miniature Golf' Courses SIC 7999 Social Services SIC 83 Commercial Batting Cages Operated Outdoors No SIC Indicated Fire and Rescue Stations No SIC Indicated Adult Retail No SIC Indicated C.) Transportation EI1l1anceIllents 1. The Owner hereby proffers to design and construct improvements to Amoco Lane (Route 839) within the existing right-of-way to include pavement mill and overlay to the existing centerline from the limits of the pavement mill and overlay improvements performed by the developer of Tax 1Vlap Parcel 43-A-48; and for the installation Of CUrb and glitter along the h-ontage Of the PropeIty to the limits of the first commercial entrance serving the Property as generally depicted on the GDP. These improvements will be designed and constructed by the Owner concurrent with the development of the first approved Site Development Plan for the Property and will be completed prior to the issuance of the first Certificate of Occupancy Permit associated with the Property. 2. The Owner hereby prol'I'ers to provide inter -parcel connection to Tax Map Parcel 43-A-48 that will Continue into the Property from the limits of the inter -parcel connection stub within the 30' ingress/egress easement oil the adjoining property as generally depicted on the GDP. This improvement will be designed and constructed by the Owner concurrent with the development of the Site Development Plan adjacent to the 30' ingress/egress easement on the adjoining property and will be completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. File #20220HAW 2 Greenway Engineering • February 1, 2016 • CB Ventures, LLC Rezoning D.) Sewer Pump Station The Owner hereby proffers to design and construct a sewer pump station with capacity sufficient to provide public sewer service for the existing residential land uses and the existing commercial land use on the southwest side of Amoco Lane (Route 839). Additionally, the Owner- proffers to design the sewer line collection system within proximity of the frontage of the Property along Amoco Lane (Route 839) to allow for the off -site land uses to connect to the collection system for access to the sewer- pump station at their cost. E.) Off -Site Residential Buffer The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off -site property owners. The Owner- shall provide a letter to each property owner identified on the GDP that offers to pay the cost for the installation of a single row of evergreen trees that are a minimUm of four feet in height and planted on 10-foot centers in a location acceptable to each property owner. The Owner shall be responsible for the replacement of any tree that does not survive for a period of one year from the date of installation. F.) Monetary Contribution to Ofl'set Impact of Development The Applicant hereby proffers to provide a monetary contribution of $0.05 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the lime of issuance of the Certificate of Occupancy Permit for each structure approved on the Property. OWNER SIGNATURE ON FOLLOWING PAGE File 10022CA-I'AW 3 0 Creenway Engineering February 1, 2016 CB Ventures, LLC Rezoning G.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and SLICCCSS0I-S in the interest of the Owner and the Applicant. In the event the FI'Cdei-ick County Boai'd of SUpel-Visors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land I'ezoned in addition to other I-egUirements set forth in the Frederick County COCIC. Respectfully Submitted: CB Ventures, LLC By: Ned Browning, Manager Commonwealth of Vii-glnia, City/County of To Wit: The foregoing instrument was acknowledged before me this clay of 20_ by Notary Public My Commission Expires Date File 02022G1inw 4 �P * OFF SITE RESIDENTIAL BUFFER (PROFFER E) .� TAX MAP # _CURRENT OWNER 43C-4-1 DUNIVAN 43C-4-2 SALES 43C-4-4 GREENE 43C-4-5 BROY 43C-4-6 SHANHOLTZ 43C-4-7 JOBE 43C-4-8 JOBE 43C-4-9 JOBE /1'T F� s T, , AMOCO LANE lump 'ATION Z Q J IL U Uwa J M vFi J a- `o a w J a 5 M o Q x U a m w a U J z Q P m w Z w 0A7i 0e/01/ons ec"A 1'-Ioo' 100 0 100 200 ,®® ac nv ns ML SaW SCALE: 1 " = 100' i BE= , OF , 0 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 W Hand deliver to: Fred. Co. Dept. of Planning & Development North Building, 2"" Floor 107 North Kent Street inchester, Virginia Applicant: Please fill out the inform ation as accurately as possible in order to assist the Departm ent of Planning 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. Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-4185 Winchester, VA 22602 Location of property: Located on the south side of Martinsburg Pike (US Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Exit 317 Clll're11t 7_ollillg: B2 & B3 District Zoning rcgUested: B2 District Acreage: 4.98+/- 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 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: CB Ventures, LLC Address: 415 Cecil Street Winchester, VA 22601 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540) 662-4185 Telephone: (540) 313-5132 Telephone: (540) 662-4185 4. Property Information: a. Property Identification Number(s): 43-A-48A b. Total acreage to be rezoned: 4.98 +/- acre parcel C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 4.98 +/- acre parcel d. Current zoning designation(s) and acreage(s) in each designation: B2 District (1.23 +/- acres) B3 District (3.75 +/- acres) e. Proposed zoning designation(s) and acreage(s) in each designation: B2 District with proffers applied to 4.98 +/- acres f. Magisterial District(s): Stonewall District 12 • 5. Checklist: Check the following items that have been included with this application. Location map r✓_i Agency Comments lv/] Plat Fees ✓ Deed to property ✓ _ Impact Analysis Statement _ ✓ ._ Verification of taxes paid (✓ �_ Proffer Statement _� ✓ I_ Plat depicting exact meets and bounds for the proposed zoning district n_ 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: CB Ventures, Inc. - Ned Browning and Randy Craun 7. Adjoining Property: PARCEL ID NUMBER USE ZONING See Attached Adjoining Property Map Exhibit & Table 8. Location: The property is located at (give exact loca tion based on nearest road and distance from nearest intersection, using road names and route numbers): Located on the south side of Martinsburg Pike (US Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Exit 317 13 0 0 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: NIA Townhome: N/A Multi -Family: N/A Non -Residential Lots: TBD Mobile Home: NIA Hotel Rooms: TBo Square Footage of Proposed Uses Office: N/A Service Station: NSA Retail: TBo Manufacturing: N/A Restaurant: TBo Warehouse: N/A Commercial: TBD Other: 10. Signature: I (we), the undersigned, do hereby respectfully nuke application and petition the Frederick County Board of Supervisors to arrund the zoning ordinance and to change the zoning nap of Frederick County, Virginia. I (we) author ize 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 daysprior to the Planning Commission public hearing and the Board of Supervisors public hearing and rnintained so as to be visible froiythe road right-of-way until the hearing. I (we) hereby certify that this application and its accom panying materials are true and accurate to the best of my (our) knowledge. 1 Applicant(s): Date: 5 Date: Owner(s): 14 Date: > 6 6�1 Date: 0 u Evan Wyatt From: Smith, Matthew, P.E. (VDOT) <Matthew.Smith@vdot.virginia.gov> Sent: Tuesday, March 22, 2016 2:58 PM To: Bishop, John. (VDOT); Evan Wyatt Cc: Funkhouser, Rhonda (VDOT); Short, Terry (VDOT) Subject: CB Ventures, LLC Rezoning TM 43-A-48A, Frederick County VDOT has completed the review of the subject Rezoning; our comments are found below. -The entrance location shown on the GDP for Amoco Lane has not been evaluated by VDOT. We recommend the entrance location shown on the GDP be removed or shown as "potential entrance - final design and location to be determined at the time of site plan submission and requires VDOT approval". - We recommend Proffer C.1 be revised to include Amoco Lane improvements along the entire frontage rather than only to their entrance. We recommend the proffer include sidewalk and drainage in addition to the curb and gutter. -We recommend right-of-way width along property frontage with Amoco Lane match the existing width of right-of-way at the intersection along Sheetz frontage. (uniformity on Amoco Lane) Please let me know if you have any questions. Mattliew B. Smith, P.E. Area Land Use Engineer VDOT - Land Development Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 Phone # (540) 984-5615 Fax # (540) 984-5607 • 0 0�4 1`(. FREDERICK COUNTY f,SANITATION AUTHORITY Post Office Box 1877 PH. — (540)868-1061 Winchester Virginia 22604-8377 fax — (540)868-1429 wwwAsa-water.com October 28, 2015 Orr Partners Mr. David L. Orr 11180 Sunrise Valley Drive, Suite 300 Reston, Virginia 20191 RE: Parcel 43 A 48A Dear Mr. Orr: Upon further review and an evaluation of the FCSA sanitary sewer hydraulic model, we offer the following clarification to our previous statement about water and sewer service availability. Water Service: FCSA has adequate water supply and pressure to serve the property on Amoco Lane up to the maxilnuln anticipated flow of 50,000 gpd. Sanitary Service: FCSA and the Frederick Winchester Service Authority have adequate capacity at the wastewater treatment plant to accommodate the maximum proposed sanitary flows. The Red Bud Pump station was also recently upgraded and likewise can serve the added flows from your development. However, the common force main from your requested point of connection to the Red Bud pump station at times is already at maximum capacity when the VDOT pump station and any subsequent pump stations are running simultaneously. This is most observable in the high flow velocity in the lower portion of the forcemain. As a result, FCSA offers the following options. 1. Should the Orr- properties opt for a form of development that produces wastewater volumes of less than 4,000 gpd, a small positive displacement pump station with a discharge of less than 5 gpm, capable of dealing with high head conditions could tie into the existing FCSA force main with little impact on the existing system. 2. For wastewater flows in excess of 4,000 gpd, provisions must be made by Orr properties to insure that the VDOT pump station does not run concurrently with the Rutherford Crossing pump station. FCSA would consider the installation of such a SCADA system, subject to FCSA review and approval, a viable solution. The Orr properties pump station could then discharge to the common force main without further consideration. WATIM'S WORTH I'r U Finally, Orr properties could elect to install a parallel force main in the existing FCSA easements from the Orr property point of connection to the Red Bud pump station. If you have any questions about the above options or would like to suggest additional alternatives, please feel free to contact me. Respectfully, Michael Newlin, PE Assistant Engineer -Director 0 0 Evan Wvatt From: Moffett, Jesse <jmoffett@fredwin.com> Sent: Monday, May 09, 2016 2:27 PM To: Evan Wyatt Subject: RE: CB Ventures LLC Rezoning Application Evan, I am good with response. Thank you Jesse From: Evan Wyatt [ma iIto: ewyatt@greenwayeng.com] Sent: Monday, May 09, 2016 11:50 AM To: Moffett, Jesse; Ed Strawsnyder; Smith, Matthew, P.E. (VDOT); Eric R. Lawrence; John Bishop Cc: Candice Perkins Subject: CB Ventures LLC Rezoning Application Good morning, Please find attached a copy of the April 25, 2016 Proffer Statement and a copy of the comprehensive review agency comment response letter that provides information specific to your comments. Please do not hesitate to contact me if you have any questions regarding this information. Thank you, Evan Evan A. Wyatt I Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Phone: 540.974.2701 Fax: 540.722.9528 Web: www.GreenwayEng.com Email: ewyatt@greenwayeng.com ENGINEERING Disdain„(:r: 1 C-F 5 Rezoning Comments Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 107 Winchester, Virginia 22604 W (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett North Kent Street inchester, Virginia Applicant: Please fill out the infornution as accurately as pcssible in order- to assist the Fred-Wnc Service Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. I Applicant's Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Tcleplrone: (540) 662-4185 Winchester, VA 22602 Location of property: Located on the south side of Martinsburg Pike (US Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Exit 317 Current zoning: 132 & B3 District Zoning requested: B2 District Acreage: 3.75 +1- AC Fred -Wine Service Authority's Comments: OtAq com ..-W *4 be, b«�,+�dQhtzs es�a�a\fined J6r so-4tee arm e-F s}AWO? Nett VUVV PA s�akmt\ be de m a UAI a,sr. i+A r ' 5 e" tc . CWP4? Fred -Wine Service Aut o -ity's Z.tQ�IV Signature & Date: Notice to Fred-Winc Service Authority - Please Return Form to Applicant 33 0 • COUNTY of FREDERICK February 12, 2016 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Rezoning Application for CB Ventures, LLC Dear Mr. Wyatt: Department of Public Works 5401665-5643 FAX: 540/678-0682 We have completed our review of the proposed rezoning application for CB Ventures, LLC and offer the following comments: 1. Refer to the Impact Analysis, Suitability of the Site, Other Environmental Features: The entire site is underlain by limestone with pronounced karst features. Indicate if a study has been performed or will be performed to locate any potential sinkhole areas. 2. Refer to the Impact Analysis, Sewage Conveyance and Treatment: The narrative indicates that the applicant will be responsible for the design and construction of a new sewer system that will include gravity lines, a pump station and a force main to the Red bud Pump Station. The proffer statement, paragraph D. Sewer Pump Station, should be expanded to include the design and construction of the force main. In addition, the applicant should be responsible for obtaining the easements required to construct the force main. A geotechnical study may be required along the proposed alignment because of the presence of existing sinkholes. I can be reached at 540-722-8214 if you should have any questions regarding the above comments. Sincerely, 4W11. tt� Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES/kco cc: Planning and Development file 107 North Kent Street, Second Floor, Suite 200 - Winchester, Virginia 22601-5000 From:6406784739 4. 0216/2016 16:17 0147 P.002/003 Frederick County Department of Fire and Rescue Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 (540) 665-6350 Fa-v: (540) 678-4739 Etizail: film trfcva.its Plan Review & Comments Date Received 2/10/2016 Plan/Permit Type Name CB Ventures, LLC Address Amoco LN Project Name Applicant Name & Number RE# Permit Number Rezoning Applicaton Winchester Commercial Development Greenway Engineering 540-662-4185 Emergency Vehicle Access: Adequate Inadequate Hydrant Location: Adequate Inadequate `� Siamese Location: Adequate Inadequate M!p Fire Lanes Required: Yes No Plan Approval Status Approve Comments Signature: Reviewed By: Kenneth Scott, Jr. Title: Date Reviewed 2/22/2016 VA 22603 From:5406784739 021f/2016 16:18 0147 P.003/003 Rezoning Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire.Marshal with his review. Attach a copy of your application form, location map, proffer statement, inip;3,c -analysis, and, 4ny.other,pertinenfinfo] ma Applicant's Name: Greenway Engineering, Inc. Mailing Address: 151 Windy File Lane Telephone: (540) 662-4185 Winchester, VA 22602 Location of property: Located on the south side of Martinsburg Pike (US Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Exit 317 Current zoning: B2 6 B3 District Zoning requested: B2 District Acreage: 3.75 *1- AC Fire Marshal's Comments: Fire Marshal's Signature &Date: Z P—� Notice to Fire Marshal - Please Return This Form to the Applicant 22 RECEIVED FED 10 2015 9 0 Rezoning Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road 491 Winchester, Virginia 22602 (540) 662-2422 W Hand deliver to: Winchester Regional Airport Attn: Executive Director Airport Road (Rt. 645, off of Rt. 522 South) inchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any otlier pertinent information. Applicant's Narne: Greenway Engineering, Inc Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-4185 Winchester, VA 22602 Location of propel-ty: Located on the south side of Martinsburg Pike (US Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Exit 317 Current zoning: B2 & B3 District Zoning requested: B2 District Acreage: 3.75+1-AC Winchester Regional Airport's Comments: The proposed rezoning is compatible with airport operations. Site plans will be reviewed individually. Winchester Regional Airport's Dq.taRy tb�d by Serrn M�nvd Serena Manuel CYI (MSfItN hUno Lo.l'/-IL'-,vRc9n ulA rpo Aulhorty, w• wron. o. Frrull•oMndnuPl i<IXMatl ntl. f. VS Signature & Date: dit 201603 97 W39"NW Notice to Winchester Regional Airport - Please Return Form to Applicant 30 • FNL,rJ,97, 151 Windy Hill Lane GREENWAY `-.l Winchester, VA 22602 ENGINEERING May 2, 2016 Frederick County Planning Department Attn: Candice Perkins, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: CB Ventures, LLC Commercial Rezoning — Review Agencies Comment Response Letter Dear Candice: The purpose of this letter is to provide you with a comprehensive comment response letter that addresses the CB Ventures, LLC Commercial Rezoning comments received from the various review agencies. The comprehensive comment response letter is structured to provide for the specific review agency, the date the comment was received, and information pertaining to each review comment. This information is intended to explain how specific comments have been addressed by the rezoning application or advise why the specific comment was not included in the proffered development program for the commercial redevelopment project. Frederick -Winchester Service Authority — Comment dated February 9, 2016 •3 Will there be boundaries established for the service area of the pumping station and will the punTping station.. be designed with capacity for that service area? COMMENT RESPONSE: The subject site is located within the Sewer and Water Service Area (SWSA), which is the established boundary for public water and sewer service that is provided by the Frederick County Sanitation Authority (FCSA). FCSA and the City of Winchester have water and sewer infrastructure in this geographic area of lie community due to previous development activities; however, FCSA has the first right of refusal for providing water and sewer service for new development in the County. FCSA provided a letter dated October 28, 2015 advising that they had adequate water supply and pressure to serve the property on Amoco Lane up to a maximum anticipated flow of 50,000 gpd. FCSA has also advised that sewage effluent in excess of 4,000 gpd will require the development of a pUmp station with capacity sufficient to accommodate the subject property and existing residential and commercial properties located along Amoco Lane. The Owner's Proffer Statement provides a commitment for this sewer infrastructure and Greenway Engineering has coordinated with FCSA to prepare design plans for this system. Engineers Surveyors Planners L?nvironmental Scientists Laboratory Telephone 540-6624185 Fax 540-722-9528 www.greenwayeng.com Project #2022C/EAW • Frederick County Public Works — Comment dated February 12, 2016 ❖ Indicate if a study has been performed or will be performed to locate potential sinkhole areas. COMMENT RESPONSE: The Owner has not performed a study to locate sinkholes to date; however, geotechnical analysis of the development areas on the project site will be performed in conjunction with the construction phase of the commercial redevelopment project. The Impact Analysis Statement has been revised to Include a statement to this effect. The Proffer Statement should be expanded to include the design. and construction of the force main and the responsibility of the Owner to obtain easements required to construct the force main. A geotechnical study may be required along the proposed alignment because of the presence of sinkholes. COMMENT RESPONSE: Greenway Engineering and the Owner have been working with FCSA on the development of a sanitary sewer system that will be appropriately sized to allow for public sewer service for the full build -out of the commercial redevelopment project; as well as accommodating the existing commercial and residential land uses that front along Amoco Lane. Greenway Engineering has prepared a design at the Owner's expense that has been submitted to FCSA and VDOT for review and approval. The Owner will work directly with FCSA to implement the construction of this new sanitary sewer system; therefore, it is not necessary to modify the Proffer Statement as suggested by the County Engineer. Frederick County Fire Marshal — Comment dated February 22, 2016 Rezoning Approved. Frederick County Attorney — Comment dated March 4, 2016 The Proffer S'latemen.t is inclusive of the entire 4.98± acres; therefore, this should be reflected in. the Preliminary Matter section. of the Proffer Statement. COMMENT RESPONSE: The April 25, 2016 Proffer Statement has been revised to reflect the County Attorney's comment. ❖ The Preliminary Allatter section references a survey plat that was not included in the review packet. COMMENT RESPONSE: The survey plat will be submitted as information with the formal filing of the rezoning application. Project #2022C/EAW 2 ❖ Explainthe difference between the red line and the black line oil the proffered Generalized Development Plan. (GDP). COMMENT RESPONSE: The red line is the physical property boundary line and the black line was created to frame the commercial land use area. The proffers are specific to the entire 4.98± acre parcel; therefore, the black line is general and does not reduce the area of the proffered rezoning. Please note that the revised Proffer Statement dated April 25, 2016 has eliminated the GDP as a proffered element of the rezoning application as this document only demonstrated access points for the subject property and the locations of off -site properties that would be provided opportunities for off -site landscape buffering. These design elements are described in the April 25, 2016 Proffer Statement. Proffer Cl is unclear regarding the length of the pavement section to be milled and to the extent of the curb and gutter commitment. COMMENT RESPONSE: Section Cl of the April 25, 2016 Proffer Statement has been revised to require the pavement mill and overlay and extension of curb and gutter along the property frontage to the limits of the southeastern most entrance serving the property. ❖ Proffer D does not identify responsibility connecting the pump station to the sewer force main. COMMENT RESPONSE: Greenway Engineering and the Owner have been working with FCSA on the development of a sanitary sewer system that will be appropriately sized to allow for public sewer service for the full build -out of the commercial redevelopment project; as well as accommodating the existing commercial and residential land Uses that front along Amoco Lane. Greenway Engineering has prepared a design at the Owner's expense that has been submitted to FCSA and VDOT for review and approval. The Owner will work directly with FCSA to implement the construction of this new sanitary sewer system; therefore, it is not necessary to modify Section D of the Proffer Statement. Proffer E does not state a time period or trigger event for provision of the indicated landscape buffer. COMMENT RESPONSE: Section E of the April 25, 2016 Proffer Statement has been revised to require the Owner to provide written notice to the off -site property owners within 30 days of Site Plan approval for the first structure to be developed on the property, which requires the off -site property owner to respond within 90 days advising of their desire to have landscaping and their Willingness to provide a landscape easement on theiI" property. The Owner Is required to install the landscaping during the next favorable planting season and for replacement of landscaping for a period of one-year from the date of installation. Winchester Regional Airport — Comment Elated March 22, 2016 Rezoning Approved. Project #2022C/EAW 3 • Virginia Department of Transportation — Comment dated March 22, 2016 •3 The entrance on the GDP should be removed or identified as ca potential entrance. COMMENT RESPONSE: Please note that the revised Proffer Statement dated April 25, 2016 has eliminated the GDP as a proffered element of the rezoning application as this document only demonstrated access points for the subject property and the locations of off -site properties that would be provided opportunities for off -site landscape buffering. These design elements are described in the April 25, 2016 Proffer Statement. ❖ It is recommended that Proffer Cl be revised to include improvements to Amoco Lane along the entire frontage of the property. COMMENT RESPONSE: Section Cl of the April 25, 2016 Proffer Statement has been revised to require the pavement mill and overlay and extension of curb and gutter along the property frontage to the limits of the southeastern most entrance serving the property. ❖ It is reconnn.ended that right-of=way width along the property frontage match the existing right- of-way width at the intersection of the Sheetz frontage. COMMENT RESPONSE: Right-of-way along the majority of the Sheetz frontage is consistent with the existing right-of-way along the frontage of the Property. Widening the right-of-way along the frontage of the Property to match the right-of-way width of the intersection would result in right-of-way that does not match along the Amoco Lane travel aisles. Frederick County Planning — Comment dated March 22, 2016 ❖ The proposed connnercial rezoning is consistent ivith the current land use supported by the Comprehensive Plan. COMMENT RESPONSE: Agreed. The property is located near established residential properties. Special attention should be provided to ensure that irupacts to adjacent residential properties are considered. COMMENT RESPONSE: The established residential properties are all zoned B-2, Business General District without proffers; therefore, future development of these properties Will not be subject to site and building design standards that are not specific to current Zoning Ordinance requirements. The Owner has proffered to provide a sanitary sewer system that will accommodate the existing residential properties and has proffered to provide landscaping on individual properties if desired by the property owner to provide for visual mitigation until these properties develop commercially in the future. Project #2022C/EAW 4 • ❖ Pedestrian accommodations should be incorporated, particularly at the signalized intersection of Amoco Lane and Route IL COMMENT RESPONSE: The Sheetz Site Plan provides for proposed crosswalk and striping at the signalized intersection of Amoco Land and Route 11. ❖ The proffered GDP could be more detailed to include design elements and building locations. COMMENT RESPONSE: Please note that the revised Proffer Statement dated April 25, 2016 has eliminated the GDP as a proffered element of the rezoning application as this document only demonstrated access points for the subject property and the locations of off -site properties that Would be provided opportunities for off -site landscape buffering. These design elements are described in the April 25, 2016 Proffer Statement. Consideration should be given to prq fering particular uses instead of proffering out uses. COMMENT RESPONSE: The land uses prohibited by the proffer statement are intended to mitigate impacts to the existing residential land uses. It should be noted that the existing residential properties arc zoned B-2, Business General District and do not have land use restrictions when they are developed commercially in the future. •:• The entire 4.98 acres will need to be included with this rezoning application.. COMMENT RESPONSE: The April 25, 2016 Proffer Statement has been revised to incorporate the entire 4.98 acres that are subject to the proposed proffers. It inoacld be preferable to specify a lump sure. nr.onetcuy contribution rather tlia�i a proffered square footage calculation. COMMENT RESPONSE: The proffered monetary contributions based on square footage calculations is consistent with other project proffers accepted by the County. ❖ Conside'ration should be givento rnaiu.taining the existing mature vegetation along Amoco Lane. COMMENT RESPONSE: The redevelopment of the property includes sanitary sewer along the Amoco Lane frontage that will be accessible for the existing residential land uses; as well as curb and gutter improvements and mill overlay improvements that may impact the existing mature vegetation along Amoco Lane, Greenway Engineering will work with the Planning Department during the Site Plan review process to determine if mature vegetation can be preserved within the required 10' parking lot setback area between the Amoco Lane right-of- way and the parking curb. Project #2022C/GAW 5 0 0 Additional landscaping and corridor appearance buffering should be provided along the properties frontage with the interstate. Other site design. elements such as building materials should be included to recognize the visibility of this site to the interstate. COMMENT RESPONSE: The property is the last undeveloped commercially zoned property adjacent to Interstate 81. Other developed properties have not provided landscape buffering due to the desire to have interstate visibility and this site desires to develop in lie same manner. Other developed properties have used traditional corporate construction materials and traditional corporate slgnage and this site desires to develop In the same manner. Frederick County Sanitation Authority — Comment dated March 23, 2016 Water and sanitary sewers are to be constructed in accordance with the FCSA standards specifications. COMMENT RESPONSE: Greenway Engineering and the Owner have been working with FCSA on the development of a sanitary sewer system that will be appropriately sized to allow for public sewer service for the full build -out of the commercial redevelopment project; as well as accommodating the existing commercial and residential land uses that front along Amoco Lane. Greenway Engineering has prepared a design at the Owner's expense that conforms to FCSA standards specifications that has been submitted to FCSA and VDOT for review and approval. Frederick County Transportation — Comment dated April 22, 2016 ❖ Consider analysis of turn. lane capacities, potential signal retim.in.g, implementation of the Comprehensive Plan road section across the frontage of' the property, and peak hour impacts of construction materials deliveries daring the development of the properly. COMMENT RESPONSE: The Site Plan for proposed commercial ]and uses will be analyzed by VDOT to consider turn lane capacities and signal timing. The property frontage is more than 40 feet from the existing northbound Route 1 1 travel lanes; therefore, the future widening of Route 1 I to accommodate a six -lane road section can be accommodated without the need for additional right-of-way. It is not anticipated that construction materials deliveries will occur during the PM Peak Hour; however, there may be some construction materials deliveries that occur during the latter portion of the AM Peak Hour between 7:00 AM and 8:00 AM. Project 112022C/EAW 6 Please advise me if you have any questions regarding this information or if there is any additional information that is necessary pertaining to these comments. Greenway Engineering will provide a copy of this letter and the April 25, 2016 Proffer Statement to all review agencies identified in this letter and will provide the Planning Department with copies of the review agency transmittal letters as information associated with the formal filing packet for the Planning Commission and Board of Supervisors public hearing process for this rezoning application. Sincerely, Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. Cc: CB Ventures, LLC Review Agencies Identified in this Letter Project #2022C/EAW 7 IMPACT ANALYSIS STATEMENT CB VENTURES, LLC COMMERCIAL DEVELOPMENT Stonewall Magisterial District Frederick County, Virginia TM 43-((A))-48A v 4 I OP I`. r May 9, 2016 Current Owner: CB Ventures, LLC' Contact Person: Evan Wyatt, Director of Land Planning; Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 0 9 Grcenway Engineering Fehruary I, 2016 C13 Ventures, LLC Commercial Rezoning Revised May 9, 2016 CB VENTURES, LLC COMMERCIAL DEVELOPMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of' a 4.98±-acre subject property owned by CB Ventures LLC, and identified as Tax Map Parcel 43-A-48A. The subject property is located in the southwest quadrant of Interstate 81 Exit 317, on the south side of Martinsburg Pike (U.S. Route 11) and the northwest side of Amoco Lane (Rt. 839). Tax Map Parcel 43-A-48A is split -zoned, with of 1.23± acres of' B-2, Business General District and 3.75± acres of B-3, Industrial Transition District land area. The Applicant proposes to rezone the 4.98±-acre subject property to B-2, Business General District with proffers to allow for the redevelopment of the 4.98±-acre subject property for highway commercial land use. Basic information Location: Fronting on the south side of Martinsburg Pike (U.S. Route 1 I) and the Northwest side of Amoco Lane (Rt. 839), at the southwest quadrant of Interstate 81 Exit 317. Magisterial District: Property ID Numbers: Current Zoning: Current Use: Proposed Zoning: Proposed Use: Total Rezoning Area: Stonewall District 43-A-48A B-2, Business General District (1.23± acres) I3-3, 111dUstrlal Transition District (3.75± acres) Undeveloped 4.98±-acres with proffers for the subject property Commercial (1-lotel and Restaurant Preferred Option) 4.98±-acres with proffers for the subject property File 112022C Impact StatcmenYFAW 2 Greemvay Lngincering Fehruary I, 2016 Revised May 9, 2016 COMPREHENSIVE POLICY PLAN Urban Development Area C13 Ventures, 1.1_C Commercial Rezoning Tile Urban Development Area (UDA) defines the general area ill which residential, commercial, industrial and institutional land use development is encouraged in the County. The 4.98±-acre subject property is currently located within the UDA; therefore, expansion Of the UDA boundary to accommodate the proposed development of commercial land use is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends OLltSIdC Of tllC UDA to accommodate areas Of the County ill which commercial aild industrial land use development is only desired. The 4.98±-acre subject property is currently located within the SWSA; therefore, expansion Of tile SWSA bOUndary to accommodate the proposed development of commercial land use is ilot I-CgUired for this rezoning application. Coin prchensive Plan Conformity The 4.98±-acre subject property is located in the UDA and the SWSA and is within the study area boundary of the Northeast Frederick Land Use Plan. The Northeast Frederick Land Use Plats is a large -area plan that identifies land uses, transportation networks, and Other platters that are recommended for consideration for future land Use and development within this geographic area of the County. The 4.98±-acre subject property is identified for business land use; therefore, the proposed 13-2, Business General District rezoning 1S in conformance with the Comprehensive Policy Plan. The Applicant's preferred commercial development plan for hotel and restaurant land use for the proposed B-2, Business General District rezoning is appropriate based on the proximity of the subject property to the Interstate 81 Exit 317 interchange and Martinsburg Pike (US Route I 1 North). SUITABILITY OF THE SITE Access The 4.98±-acre subject property is located on the South side of Martinsburg Pike (U.S. Route 11), approximately 400 feet west of the Interstate 81 Exit 317 interchange. Access to the subject property will be provided with full access entrances along Amoco Lane (Route 839) and through all inter -parcel connection witil the Sheetz Convenience Store that will allow for access to this site and access to a right -Out only entrance along Martinsburg Pike. File #2022C Impact Statlement/IiAW 3 0 (ireenway Engineering February I, 2016 C13 Ventures, LLC Commercial Rezoning Revised May 9, 2016 Plnnrl P19inc The 4.98±-acre subject property does not contain areas of* floodplain as demonstrated on FEMA NFIP Map #51069CO209D, Effective Date September 2, 2009; as well as information from the Frederick County GIS Database. Wetlands The 4.98±-acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database. Soil Types The 4.98±-acre subject property contains one soil type as demonstrated by the Soil Survey of' Frederick County, Virginia and the Frederick County GIS Database. The following soil type is present Oil site: 32B Oaklet Silt Loams 2-7% slope The Oaklet Silt Loam is identified as a prime agricultural soil and has high shrink/swell properties. The portion of the subject site proposed to be rezoned was previously developed as an 84 Lumber Retail Center and Lumber Yard and developed properties within close proximity of the site have the same soil type. The site soil type Is conducive for commercial redevelopment of the subject property. Other Environmental Features The 4.98±-acre subject property does not contain areas of steep slope, lakes or ponds or natUral stormwater retention areas as defined by the Frederick County Zoning Ordinance. The subject property is located in the geographic portion Of the County that is underlain by karst geology. The Owner has not performed a study to locate sinkholes to date; however, geotechnical analysis of' the development areas on the project site will be performed in conjunction with the construction phase of the commercial redevelopment project. There are no known environmental features present that create development constraints for the proposed commercial development project. SURROUNDING PROPERTIES Adjoining property Z011ing alld present use: North: B-2, Business General District Use: Hotel, Restaurant and Convenience Store File #2022C Impact Statement/l AW 4 L_J Greenway Engineering February 1, 2016 Revised May 9, 2016 CB Ventures, LLC Commercial Rezoning South: B-2, Business General District East: M-1, Light Industrial District West: 13-2, Business General District TRANSPORTATION Use: Residential and Unimproved Use: Unimproved Use: 1esidential, Unimproved and Convenience Store The Applicant's preferred option for commercial development includes a hotel and two restuirants. The COL1ilty's Zoning Ordinance allows restaurants in the B-2 District and the 13- 3 District; however, hotels are only allowed in the 13-2 District. Greenway Engineering coordinated with the County Transportation Planning Director to identify potential traffic impacts associated With the Applicant's preferred commercial development Option to obtain a determination regarding the ]teed for a traffic Impact analysis (TIA) for the rezoning application process. Greenway Engineering utilized traffic projection data from the ITE Manual - 9`I' Edition for a 100 room hotel and two fast food restaurants With drive-thrll window service, I-eSllltillg in a total traffic VolumC impact of 4,365 daily trips. The fast food restaurants with drive-thru winclow Service aCCOL111t for 3,472 daily trips of the total traffic VOILlmC; therefore, the 892 daily trips for the hotel that are projected by the ITE Manual represent the traffic impacts associated with the rezoning application. The development of' an additional by -right restaLlrant Within the Subject property Would result in a greater traffic volume impact than W011ld OtherWiSC OCCLII' If a hotel Was developed. The COLInty Transportation Planning Director reviewed the land usC alld traffic analysis and advised that a TIA would not be necessary for the rezoning application process. Greenway Engineering previously worked with VDOT and the County Transportation Planning Director on behalf of Sheetz to process an access management exception request for the redevelopment of their convenience store and gasoline Canopy. The access maIagement exception request, Which receiVCd formal approval by VDOT on August 14, 2014, calls for the elimination of several existing entranecs, the creation of a fight-illhight-OLlt entl'al1Ce and a separate fight-OLIt entrance, and the provision for linter -parcel access for the benefit Of the subject property. Frederick County recently approved a Site Development Plan for this project and Sheetz has commenced construction, which Will incorporate these access management improvements. The Applicant's Proffer Statement provides for the design and construction of inter -parcel access that will be accomplished during the Site Development Plan that adjoins this ingress/egress easement for the Sheetz project that will provide this connection. Additionally, VDOT has approved a J)LlbhC improvement plain for Sheetz that i1111)IC111CIAS Cllrb and gLlttel- 1111p1'ovements along the Amoco Lane frontage; as well as the milling and Overlay of Amoco Lane from the Sheetz property line to the Centerline of Amoco Lane. The Applicant's Proffer Statement provides for the design and construction Of identical improvements along the Amoco Lane ft'011tagC Of the SL1bJect property thl-OLtgh the File 112022C Impact Statement/HAW 5 0 Greenway Engineering February I, 2016 C13 ventures, LLC Commercial Rezoning Revised May 9, 2016 limits of the first commercial entrance that will be accomplished during the first Site Development Plan that is submitted to Frederick County. The rezoning of' the subject property will allow for the development of a hotel facility, which is not a permitted land Use In the Current "zoning district. The hotel facility traffic generation Will result in a reduction of vehicle trips that would otherwise be permitted as by -right development for this portion of the property. The Applicant's Proffer Statement commits to Improvements to Amoco Lane that will complete pavement and drainage enhancements from the Sheetz property to the limits of the southeastern most commercial entrance; as well as Incorporating inter -parcel connectivity to allow for vehicular access to the new convenience store and gasoline pumps, and for right -turn access to Martinsburg Pike for Interstate 81 and U.S. Route 1 I traffic movement. The proposed application and proffer statement sufficiently mitigates transportation impacts associated with this conditional rezoning request. SEWAGE CONVEYANCE AND TREATMENT The 4.98±-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. The Frederick County Sanitation Authority (FCSA) is the provider of public sewer service within this area of the County, but does not currently have sewer infrastructure within or adjacent to the property. FCSA has issued a letter dated October 28, 2015 in reference to this property that states the FCSA and the Frederick Winchester Service Authority have adequate capacity at the wastewater treatment plant to accommodate the nlaxinlum proposed sanitary flows and that the Red Bud PUlllp Station can also accommodate the added flows from the development of this property. Greenway Engineer has worked with FCSA to determine the appropriate approach for the development of sewer infrastructure to provide sewer service to the subject property with available capacity for adjoining properties along Amoco Lane (Route 839). Greenway Engineering has utilized 2015 FCSA water meter data with an applied 1.5 calculation factor of safety for the Applicant's preferred development option of hotel aIld restaurant land use, and has included calculated flows for the Goldstar Motors and existing residential uses along Amoco Lane. These calculations project a conservative sewer dlemaIld flow of 22,000 gpd for the existing land uses and for the commercial bLlildloLlt of the subject property. Greenway Engineering will design in oil -site gravity sewer system that collects effluent from the commercial land uses proposed to be developed on the subject site, which will also allow for off -site land uses to connect to this system. The on -site gravity sewer system will tie into a new sewer pump station that will be located in the southern end of the subject property that Will direct effluent from this area to an existing 8-inch sewer force main located approximately 700 feet south of the subject property. The sewer new pLullp station is anticipated to be designed for 40 gpnl with a peak capacity of approximately .52,750 gpd. The proposed sewer design will accommodate existing and proposed land uses located on the subject property and along Amoco Lane and has been submitted to FCSA for review and approval. File #2022C Impact StatemenUFAW 6 0 Greenway Engineering 0 February I, 2016 CB Ventures, LLC Commercial Rezoning Revised May 9, 201E The proposed bUildOLlt of commercial land use On the subject property is projected to Increase Sewer flows at the 0pegL1O11 Wastewater Treatment Facility by approximately 22,000 gpd, which aCCOLI111S for the future connection of existing commercial and residential land uses along Arlloco Lane. The Applicant will be responsible for the design and construction of a new sewer system that will include gravity lines, a PL1I11p station and a force main to connect to the Red 13ud Pump Station. The FCSA has determined that this approach iS appropriate for addressing Sewer impacts associated with this rezoning proposal; therefore, the Applicant has adequately addressed sewer impacts associated with this proposal. WATER SUPPLY The 4.98±-acre Subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. The Frederick County Sanitation Authority (FCSA) is the provider Of public water - service within this area Of' the County and has an existing 10" water line located along Martinsburg Pike (US Route 1 i North) and Amoco Lane (Route 839) that provides public water to the property. FCSA has issued a letter dated October 28, 2015 in reference to this property that states the FCSA has adequate water- Supply and pressure to serve the property lip to a maximum anticipated flow Of 50,000 gpd. Greenway Engineer has worked with FCSA to determine water and sewer demands required for the Applicant's preferred (level opmen t option of hotel and restaurant land use. GreeIlway Engineering has utilized 2015 FCSA water meter for these land uses and has applied a 1.5 calculation factor of safety to develop a conservative water deInaIld projection of 22,000 gpd for the buildout Of the subject property. The projected water demand of 22,000 gpd falls well below the available water supply identified by FCSA for this site; therefore, there is adequate supply and pressure that will be available for the bUildOLlt of commercial land use for the proposed development project. SITE DRAINAGE The topographic relief on the 4.98±-acre subject property generally follows a north to south pattern, which directs drainage from Martinsburg Pike (US Route 11 North) and Amoco Lane (Route 839) towards the rear of the property adjacent to Interstate 81. The subject site was previously developed as an 84 Lumber Retail Center and Lumber Yard, which did not create adverse stormwater impacts to adjoining properties. The commercial development of the subject property will incorporate storlllwater management design that is anticipated to include a small storlllwater detention pond oil the eastern portion of the site hear the Interstate 81 SOL1111bOU11CI oil-ralllp, and a small Stormwater detention pond on the real" portion of the Site near the Interstate 81 SOLlthbOL111Ci on -ramp. storlllwater quality meaSLIMS will be evaluated during the Site Development Plan process and will be achieved through oil -site quality measures, nutrient Credits, or a combination of both. The storlllwater quantity and File 112022C impact Stalemen UFAW 7 0 Greenway 1?ngincering February 1, 2016 C13 ventures, LLC Commercial Rezoning Revised May 9, 2016 quality measures will be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the redevelopment of the 4.98± Subject site Call be prOJected from all average annual commercial COIISUillptiOn of 5.4 CUbic yards per 1,000 square feet 01' structural area (Civil Engineering Reference Manual, 4`I' edition). The Applicant's preferred option for commercial development includes a hotel and two restaurants; therefore, solid waste disposal impacts are based on the following figures that provide the increase in average annual solid waste volume based on the development of 70,000 square -feet ol' commercial land use: AAV = 5.4 Cu. yd. per 1,000 sq. ft. commercial AAV = 5.4 Cu. yd. x 70 (1,000 sq. ft.) AAV = 378 cu. yd. at build -Out, or 264.6 tons/yr. at build -out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The prOJected commercial development will generate approximately 265 tons of solid waste annually On average. This represents a 0.13% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which Currently averages 200,000 tons per year. Solid waste produced by the commercial development will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity t0 accommodate the Solid waste impacts associated with this proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify structures deemed to be historically significant on the 4.98±-acre Subject property, nor does the survey identify properties within proximity of this site that are deemed potentially significant. The National Park Service Study of' Civil War Sites in the Shenandoah Valley identifies the 4.98±-acre subject property as being located within the Second Winchester — Stephensons Depot study area boundary; however, the subject property is located well outside of the defined core battlefield area and is also defined as having lost integrity due to existing development patterns. Therefore, the commercial development plan for the property will not create negative impacts associated with historic resources. File H2O22C Impact Statement/1'.AW S 0 Greemvay Engineering it February I, 2016 CI3 Ventures, LLC Commercial Rezoning Revised May 9, 2016 OTHER POTENTIAL IMPACTS The commercial development of the 4.98±-acre SUbJect property will provide new economic development opportunities for Frederick County, which has been determined by the County's Development Impact Model to be positive in the consideration of' fiscal impacts to County Capital Facilities. It is recognized that the development of commercial land use has the potential to increase service demands on fire and rescue services; therefore, the Applicant's Proffer Statement provides a monetary contribution of $0.05 per developed building square Foot to the County to provide additional revenues that are specifically directed to fire and rescue services. Additionally, the Applicant's Proffer Statement offers to provide off -site evergreen landscaping enhancements for existing residential lots along Amoco Lane if desired by the indiVidUal property owners even though their properties are Currently Zoned B2, Business General District. File 112022C Impact Statement/1inW 9 i� LAr z .Pp 0 �a _ o� '�' -► • r r r ' ��llll E 43 A 4F � 879 I A If LeQen CB Ventures, LLC Property, TM 43-A-48A ® Portion of 43-A38A To Be Rezoned Parcel Boundary Feet a 150 0 150 M•,. L-.0 S-- hr•bnd, Carq. N GI$ CWp�. 7015 Dau A�n�pnoloa hom. ESRi IMD-�N+v,tM nCSM�a'.��w COm Ar G�Snfl'wnSH IWOna �maj)w')li } UI Io Q z K V) Z U w 0 n z crO L. a > a U w Er W Q tr w h > N j o O 00 J Q U c a i Yuj W w ? i w > U Luin q v U LL e F to o v D i m T � m m o r- � 1 � p C 0 � � O p mCm D m T O (D v UO a = A s'2 e ~ og ' n m ' o l n o v a a 0 ; N o o a 4 � 8 w r Eo CB VENTURES. LLC PROPERTY CB VENTURES, LLC PROPERTY COMMERCIAL REZONING #40► LOCATION AND ZONING ` STONEWALL MAGISTERIAL DISTRICT COMMERCIAL REZONING FREDERICK COUNTY, VIRGINIA G R E E N WAY DATE 20,6,0107 PROJECT ID 2022C ESIGNED By DWt LOCATION AND ZONING SCALE Ii-h-2DOF«i I.NGIN1.ERING . m � r c i — 1 `O� c b 4 ,- Mahe SW A .be c • 1� 7 c in lcten LLC Pr CB Ventures. LLC Property, TM 43-A118: ® Portion o143-Aj8A To Be Rezoned Parcel Boundary Sewer Water Service Area (SWSA) --- Sewer Line Weber Line s o,' s O � Feet soh N 500 0 500 i DY S— F—Kk County, N G1S Dwr•wy, 2015 D W, 2014 WMM 6 S— 0— Counwr on FCSA EDBUD'R o 1 Q L IA Z W c; Z 9 W Z a N a Q J QJ Q U U) W W > O m U W<Z zLl a i if " cr o a > k arracr U w < w J (r i N j � nU) 0 0 w 3 U w K W U) Y Q �g¢i w 0 3 w > U Z W 4 U 0O ofin R ,,,,,90 M i O , D— s- a F -whoa Cowry, N GIS MPrfwM. 2015 Dtlii ES CT v 43 A 48A 9 i cos 4y O CO 4 ti p U 8 690 Q Z- %Joe W c �z 1-- fn c� LU a Z Z) 0 p ZO w Z,N a LLJ Lj � J fn W U w W O Z 2 W p > > U Z CO LL1 Leaen U O CB Ventures. LLC Property. TM 43-A-48A ® Portion of 43-Ad8A To Be Rezoned 3 Parcel Boundary H _U � Q m 0 Lake or Pond in N z z N _ Welland w a0 0 Z lz a Cr CC o a > 100 Year Floodplain a N Cr Stream j g 5 Foot Intermediate Contours z 0 O < Y � w - - 25 Fool Index Contours ZO - U a w o > 3 w Feet > u U Z w Z Z W o L. 4 ° cn R 200 0 200 w <w< t t 0J(i z Z LV z Z �W 441 43 A 48A w O a Z x O a wa Q J J J � � Q J LU U w cn O Z 2 32B LLl O > U 66' co U `79 i V- m Leaend U o r� or Q 2 U CB Ventures. LLC Property. TM 43-A-48A 4410 C� Z N ® Portion of 43-A48A To Be Rezoned O,<•1, - a0 Z y OQ > k Parcel Boundary a N a & U w G w NRCS Soils Ir i N Z o 00 - 6Cv; CARBO-OAKLET SILT LOAMS. VERY ROCKY. 2 TO 15 PERCENT SLOPES w U O < U w 1 w 5) Y _ 328OAKLET SILT LOAM. 2 TO 7 PERCENT SLOPES ' U i W O 3 w > U w Ow o co Z 5 Feet m _ 100 0 100 } w 1 Map Dwa S,.--. F .-,. Ca,-rt, w GIS Dior 20150Y c ti 73 3 f i' P\+s•F'p 3 6A Z 34 Tn s W - LIJ O S �\�g0 BRi C a Z cn \ a p \ w 47 A 49A I J - LU U U w � tY � �y ee w p e : ACTJV-WAY Leaend z a• / LIJ p = CB Ventures. L1C Property. TM 43-A-4>��� U 3l y��P ® Portion of 43-A-48A To Be Rezoned U F G� Parcel Boundary f a Cna War Encampment }� A CwA War Fort U W g� Nt S Cemetery � �cr < z Rural Landmark n i w �_ N /�S qSb 34-727 Rutherfads Farts cr p , Q > w a Ld 34-955 Valley School ( y RZ o R Baltimore B Ono R -�_ (6 U 0 O �% �� qR� Pa P�1 '� Civil War Battlefields w U f Y �{U ,I ChQol CFHr b01, Thrd Winchester Core Area F J U z w O 2 7i ui a > U W w Z q ": " 09F third 1%ini11r�tVl Feet " 34-955 'pi / 500 0 500 w o N U+ O— S-- F— Canty A G'.S Dqut 1_ 11 0— IMPACT ANALYSIS STATEMENT CB VENTURES, LLC COMMERCIAL DEVELOPMENT Stonewall Magisterial District Frederick County, Virginia TM 43-((A))-48A February 1, 2016 Current Owner: CB Ventures, LLC Contact Person: Evan Wyatt, Director of band Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering • February 1, 2016 C13 Ventures, LLC Commercial Rezoning CB VENTURES, LLC COMMERCIAL DEVELOPMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 4.98±-acre subject property owned by CB Ventures LLC, and identified as Tax Map Parcel 43-A-48A. The subject property is located in the southwest quadrant of Interstate 81 Exit 317, on the South side of Martinsburg Pike (U.S. Route 11) and the northwest side of Amoco Lane (Rt. 839). Tax Map Parcel 43-A-48A is split -zoned, with of 1.23± acres of I3-2, Business General District and 3.75± acres of B-3, Industrial Transition District land area. The Applicant proposes to conditionally rezone the 3.75±-acre portion of the subject property from B-3, Industrial Transition District to B-2, Business General District to allow for the redevelopment of the 4.98±-acre Subject property for highway commercial laud Use. Basic information Location: Fronting on the south side of Martinsburg Pike (U.S. Route 1 1) and the northwest side of Amoco Lane (Rt. 839), at the southwest quadrant of Interstate 81 Exit 317. Magisterial District: Property ID Numbers: Current Zoning: Current Use: Proposed Zoning: Proposed Use: Total Rezoning Area: File #2022C Impact Statement/IinW Stonewall District 43-A-48A 13-2, Business General District (1.23± acres) B-3, Industrial Transition District (3.75± acres) Undeveloped I3-2, Business General District (3.75± acres) (Resulting in B-2 District for entire parcel area) Commercial (Hotel and Restaurant Preferred Option) 3.75±-acres of 4.98±-acre subject property 2 (ireenway Engineering • February I, 2016 C13entures, LLC Commercial Rezoning COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, IIldUstrlal and institutional land Use developmeIt is enCOUraged iIl the County. The 4.98±-acre subject property is currently located within the UDA; therefore, expansion of the UDA boundary to accommodate the proposed development of commercial land Use is 110t required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends Outside Of the UDA to accommodate areas OI the County in which commercial and industrial land use development is only desired. The 4.98±-acre subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed development ofcommercial mercial land Use is not required for this rezoIliIlg application. Comprehensive Plan Conformity The 4.98±-acre subject property is located in the UDA and the SWSA and is within the study area boundary of the Northeast Frederick Land Use Plan. The Northeast Frederick Land Use Plan is a large -area plan that Identifies land Uses, trallsportatioIl networks, and Other matters that are recommended for consideration for future land Use and development within this geographic area of the County. The 4.98±-acre subject property is identified for business land use; therefore, the proposed B-2, Business General District rezoning is in conformance with the Comprehensive Policy Plan. The Applicant's preferred commercial development plan for hotel and restaurant land use for the proposed B-2, Business General District rezoning is appropriate based on the proximity 01' the subject property to the Interstate 81 Exit 317 interchange and Martinsburg Pike (US Route 1 1 North). SUITABILITY OF THE SITE A rrrcc The 4.98±-acre subject property is located on the south side of Martinsburg Pike (U.S. Route 11), approximately 400 feet west Of the Interstate 81 Exit 317 interchange. Access t0 the subject property will be provided with full access entrances along Amoco Lane (Route 839) and through an inter -parcel connection with the Sheetz Convenience Store that will allow for access t0 this site and access to a right-oUt 011ly entrance along Martinsburg Pike. The proffered Generalized Development Plan identifies the proposed transportation access and circulation plan for the subject property. File 112022C Impact Stalemen UFAW 3 0 Greenway lingineering February I, 2016 • C13 Ventures, LLC Commercial Rezoning Flood Plains The 4.98±-acre Subject property does not contain areas of floodplain as demonstrated on FEMA NFIP Map #51069CO209D, Effective Date September 2, 2009; as well as information from the Frederick County GIS Database. Wetlands The 4.98±-acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database. Soil Types The 4.98±-acre subject property contains one soil type as demonstrated by the Soil Survey of' Frederick County, Virginia and the Frederick County GIS Database. The following soil type is present on Site: 32B Oaklet Silt Loams 2-7% slope The Oaklet Silt Loam is identified as a prime agricultural soil and has high shrink/swell properties. The portion of the subject site proposed to be rezoned was previously developed as an 84 Lumber Retail Center and Lumber Yard and developed properties within close proximity ol' the site have the same soil type. The site Soil type is conducive for commercial redevelopment of the subject property. Other Environmental Features The 4.98±-acre subject property does not contain areas of' Steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. There are no environmental features present that create development constraints for the proposed commercial development project. SURROUNDING PROPER,riEs Adjoining propertyzoning _,oning and present use: North: B-2, Business General District South: 13-2, BLISIness General District East: M-1, Light Industrial District Use: Hotel, Restaurant and Convenience Store Use: Residential and Unimproved Use: Unimproved Idle #2022C Impact Statcmenl/FAW 0 Creenway lingineering February I, 2016 West: B-2, Business General District Use: TRANSPORTATION • CI3 Ventures, LLC Commercial Rezoning Residential, Unimproved and Convenience Store The Applicant's preferred option for commercial development includes a hotel and two restaurants. The COunty'S Zoning Ordinance allows restaurants in the B-2 District and the 13- 3 District; however, hotels are only allowed in the 13-2 District. Greenway Engineering coordinated with the County Transportation Planning Director to identify potential traffic impacts associated with the Applicant's preferred commercial development option to Obtain a determination regarding the need for a traffic Impact analysis (TIA) for the rezoning application process. Greenway Engineering utilized traffic projection data from the ITE Manual - 9°i Edition for a 100 room hotel and two fast Food restaurants With dr1VC-thrl1 WindOW Sel-V1Ce, resulting in a total traffic volume Impact of 4,365 daily trips. The fast food restaUralltS With driVC-01111 window service account for 3,472 daily trips of the total traffic volume; therefore, the 892 daily trips for the hotel that are projected by the ITE Manual represent the traffic impacts associated with the rezoning application. The development of ail additional by -right restaurant within the 3.75±-acres proposed for rezoning would result in a greater traffic volume impact for the Subject property than would otherwise occur if a hotel was developed. The County Transportation Planning Director reviewed the land use and traffic analysis and advised that a TIA Would not be necessary for the rezoning application process. Greenway Engineering previously Worked with VDOT and the County Transportation Planning Director on behalf of Sheetz to process all access management exception regUest for the redevelopment of their convenience store and gasoline canopy. The access manageil7ent exception request, which received formal approval by VDOT on August 14, 2014, calls for the elimination Of Several existing entrances, the creation Of a right-Ill/right-Out entrance and a separate right-011t entrance, and the provision for niter -parcel access for the benefit of the Subject property. Frederick County recently approved a Site Development Plan for this project and Sheetz has commenced construction, Which will incorporate these access management improvenicrits. The Applicant's Proffer Statement provides for the design and COi1StrUCtiOn of inter -parcel access that will be accomplished during the Site Development Plan that adjoins this ingress/egress easement for the Shcetz project that will provide this connection. Additionally, VDOT has approved a public improvement plait for Sheetz that implements Curb and gUttCr iillprovernents along the Arnoco Lane frontage; as Well as the milling and overlay of Amoco Lane from the Sheetz property line to the centerliIle Of Arnoco Lane. The Applicant's Proffer Statement provides for the design and COnStRICtiOn Of identical improvements along the Amoco Lane frontage of the Subject property through the limits Of the first commercial entrance that Will be accomplished during the first Site Development Plan that is submitted to Frederick County. The rezoning Of the Subject property will allow for the development of a hotel facility, which is not a permitted land use in the current zoning district. The hotel facility traffic generation will result in a reduction 01' vehicle trips that WOUld otherwise be permitted as by -right File Ii2022C Impact SlalemenUlinW 5 9 • Greenway Engineering February I, 2016 CB Ventures, LLC Commercial Rezoning development for this portion of the property. The Applicant's Proffer Statement commits to improvements to Amoco Lane that will complete pavement and drainage enhancements from the Sheetz property to the limits of the first commercial entrance; as well as incorporating inter -parcel connectivity to allow for vehicular access to the new convenience store and gasoline pumps, and for right -turn access to Martinsburg Pike for Interstate 81 and U.S. Route 11 traffic movement. The proposed application and proffer stateillent sufficiently mitigates transportation impacts associated with this conditional rezoning request. SEWAGE CONVEYANCE AND TREATMENT The 4.98±-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. The Frederick County Sanitation Authority (FCSA) is the provider of' public sewer service within this area of the County, but does ilot Currently have Sewer infrastructure within Or adjacent to the property. FCSA has issued a letter dated October 28, 2015 in reference to this property that states the FCSA and the Frederick Winchester Service Authority have adequate capacity at the wastewater treatment plant to accommodate the max1111I1i11 proposed sanitary flows and that the Red I3ud Pump Station can also accommodate the added flows from the development of this property. Greenway Engineer has worked with FCSA to determine the appropriate approach for the development of sewer infrastructure to provide sewer service to the subject property with available capacity for adjoining properties along Amoco Lane (Route 839). Greenway Engineering has utilized 2015 FCSA water meter data with an applied 1.5 calculation factor of' safety for the Applicant's preferred development option of hotel and restaurant land use, and has included calculated flows for the Goldstar Motors and existing residential uses along Amoco Lane. These calculations project a conservative sewer demand flow of' 22,000 gpd for the existing land uses and for the commercial buildout Of the Subject property. Greenway Engineering will design all oil -site gravity sewer system that Collects effluent from the commercial land uses proposed to be developed on the subject site, which will also allow for off -site land uses to connect to this system. The on -site gravity sewer- system will tie into a new sewer pLInlp station that will be located in the Southern end Of the SUbJect property that will direct effluent from this area to in existing 8-inch Sewer force main located approximately 700 feet south Of the Subject property. The sewer new pump station is anticipated to be designed for 40 gpm with a peak capacity of approximately 52,750 gpd. The proposed sewer design will accommodate existing and proposed land uses located on the Subject property and along Amoco Lane and will be Submitted to FCSA for review and approval during the Site Plan process. The proposed buildolit Of COI1lIIICI-clal laird use on the subject property is projected to increase sewer flows at the 0pequ011 Wastewater Treatment Facility by approximately 22,000 gpd, which accounts for the f lltLlre connection of existing commercial and residential land uses along Amoco Lane. The Applicant will be responsible for the design and File 112022C Impact SlatemenIIHAW 6 0 9 (ireenvay I?nginecring February I, 2016 C13 Ventures, I.i.0 Commercial Rezoning construction of a new sewer system that will include gravity lines, a PUillp station and a force main to connect to the Red Bud Pump Station. The FCSA has determined that this approach is appropriate for addressing sewer impacts associated with this rezoning pIoposal; therefore, the Applicant has adequately addressed sewer impacts associated with this proposal. WATER SUPPLY The 4.98±-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based On County Policy. The Frederick County Sanitation Authority (FCSA) is the provider of public water service within this area of the County and has an existing 10" water line located along Martinsburg Pike (US Route 1 1 North) and Amoco Lane (Route 839) that provides public water to the property. FCSA has issued a letter dated October 28, 2015 in reference to this Property that states the FCSA has adequate water Supply and pressure to serve the property LIP to a maximum anticipated Flow Of 50,000 gpd. GI'eenway Engineer has worked with FCSA to determine water aild seweI' deillallds required for the Applicant's preferred development option Of hotel and restaurant land use. Greeilway EilgiIleering has utilized 2015 FCSA water dieter for these land uses and has applied a 1.5 calculation factor of safety to develop a conservative water demand projection of 22,000 gpd for the bLlildollt Of the subject property. The projected water demand of 22,000 gpd falls well below the available water Supply identified by FCSA for this site; therefore, there is adequate supply and pressure that will be available for the bLlildout of commercial land use for the proposed development project. SITE DRAINAGE The topographic relief' on the 4.98±-acre subject property generally follows a north to south pattern, which directs drainage from Martinsburg Pike (US Route 11 North) and Anloco Lane (Route 839) towards the rear of the property adjacent to Interstate 81. The Subject site was previously developed as an 84 Lumber Retail Center and Lumber Yard, which did not create adverse storlllwater impacts to adjoining properties. The commercial development of the subject property will incorporate stormwater management design that Is allticlpated to include a small stormwater detention pond on the existing B-2 District portion of the site near the Interstate 81 southbOLlnd on -ramp, and a small stormwater detention pond on the proposed B-2 District fear portion o1 the Site heal' the Interstate 81 SOLlthbound on -ramp. Stormwater quality measures will be evaluated during the Site Development Plan process and will be achieved through On -site quality measures, nutrient credits, or a combiIlatlon of both. The stormwater quantity and quality measures will be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. Idle 112022C Impact SuitememJFAW 7 (rreemvay Engineering Fehruary I, 2016 C13 ventures, 1.1,C Commercial Rezoning SOLID WASTE DISPOSAL The impact on solid waste disposal Facilities associated with the redevelopment oi' the 4.98± subject Site can be projected Irom an average annLial commercial consllmptiOn of 5.4 Cliblc yards per 1,000 square beet Of' Structural area (Civil Engineering Reference Manual, 4`I' edition). The Applicant's preferred option 1'or commercial development includes a hotel and two restaurants; therefore, solid waste disposal impacts are based on the following figures that provide the increase in average annual solid waste volume based on the development of 70,000 Sgllare-lect of corn 11ercial 1a11d LISC: AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial AAV = 5.4 CLi. yd. X 70 (1,000 sq. ft.) AAV = 378 CLl. yd. at build -out, or 264.6 tons/yr. at build -out The Municipal Solid Waste area ol' the Regional Landfill has a CLIrrent remaining capacity of 13,100,000 Cliblc yards of' air Space. The projected commercial development will generate approximately 265 tons of Solid waste annually on average. This represents a 0.13% increase in the annLlal solid waste received by the Municipal Solid Waste area of' the Regional Landfill, which Currently averages 200,000 tons per year. Solid waste produced by the commercial development will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the Solid waste impacts associated with this proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify structures cleenled to be historically Significant on the 4.98±-acre subject property, nor does the Survey identify properties within proximity of this site that are deemed potentially significant. The National Park Service Study Of' Civil War Sites in the Shenandoah Valley identifies the 4.98±-acre subject property as being located within the Second Winchester — Stephensons Depot Study area boundary; however, the Subject property is located well outside of the defined core battlefield area and is also defined as having lost integrity due to existing development patterns. Therefore, the commercial development plan [or the property will not create negative impacts associated with historic resources. OTHER POTENTIAL IMPACTS The commercial development of the 4.98±-acre subject property will provide new economic development opportunities for Frederick County, which has been determined by the COL1I1ty'S Development Impact Model to be positive in the consideration of fiscal impacts to County Capital Facilities. It is recognized that the development of commercial land use has the potential to increase service demands on fire and rescue services; therefore, the Applicant's Proffer Statement provides a monetary contribution of $0.05 per developed building square File 52022C Impact StatementIFAW 8 Greenway Engineering February I, 2016 C13 Ventures, LLC Commercial Rezoning foot to the County to provide additional revenues that are specifically directed to fire and rescue services. Additionally, the Applicant's Proffer Statement offers to provide off -site evergreen landscaping enhancements for existing residential lots along Amoco Lane if desired by the individual property owners even though their properties are currently zoned B2, Business General District. File #2022C Impact Statement/FAW 9 MERC DES -CT / i SITE � Q 7 ,A 3L / Uj Wj » WwZ \ � O W/ i�nchester Z LOCATION MAP t 0 0 Z % 1 - a N 0 N LCr 0 e61 �� s J Z \s %, J A 18A1 / w U Z Y Cr O G e�P��\aSOJ� > OLiml O m 939 Legend U I CB Ventures, LLC Property. TM 43-A-48A Portion of 43-A48A To Be Rezoned Parcel Boundary U o Frederick County Zoning a z B2 (Business. General Dntnst) w Z - 83 (Bd usmess. Inustnal Transrtton Dsmct) a O O < > k N M - M1 (Industrial, Lght District) Z N Z o RA (Rural Area DmtnG) W U Z Q OU w � cr 4� RP (Ravdantwl. Performance District) P w 00 O w o a w v Feet to o LL m s_ 200 0 200 w o� LO-taide 3 Inside S i Legend CB Ventures, LLC Property, TJ-"A ® Portion of 43 ABM To Be ReParcel BoundaryEMSewer Water Service Area (S Sewer Line - Water Line n Feet 500 0 500 / •c y •,. / ZUJ I uj )YP CZ Z aM' \ o b `4T o a� x O •r "'OF4; J Q Q � U � W W � Z 2 w O m U U Z W 0-Z U p w if Z Q > U a w Z U w 3 N a it �Syf' aa1 U 0 i ey z � aw w W v \�•� 9��' m ``fie pv U0 Cr w rn m r RED BUD'RD o MERCEDES CI ,00 pP� o I t A 3 J Voc Rt�N � (� toe p Il Z ir D O LL W L U J J p0 43 A 48A U U w po Sg JpGQ\�� I I I w+ j g Z Z 2 / U W Leaend os q O CB Ventures, LLC Property, TM 43-A48A Porton of 43-A-48A To Be Rezoned y U Parcel Boundary U o PAParcel _ N N Q 'ZLake or Pond �s w W Welland a Z :D a� S � 1p0 100 Year Floodplain a W > k I J��LnDR � Op ---- Stream � � � rn j g jG�y`O? o \ 5 Foot Intermediate Contours U Ui< 0 25 Foot Wex Contours F U i E J ^ w o 3 w > U Z Z LU 0 690 Feet �� w o LL q r m _ 200 0 200 Also OMx Sovu Fr— f — V� fuC tlrurMr.r xlr t n.r. 11 OJaG W z c� 43 A 48A ` U w Z tl �. O a- IN d LLl U Q Q w O X Cr Lu 326 W p > U �, to U 39 �zu O Le end m U_ 0 CB Ventures. LLC Property, TM 43-A-48A 44/0 a z G �252 ® Portion of 43-A-48A To Be Rezoned o'C•,y a i o C7 W z o Parcel Boundary x O Q > MRCS Soils j w i w s 6C CARBO-OAKLET SILT LOAMS. VERY ROCKY. 2 TO 15 PERCENT SLOPES O O w U p a V w \ �� !r cc V1 Y 328'OAKLET SILT LOAM, 2 TO 7 PERCENT SLOPES �F 1 J U 00 W O 3 w 8 L'i0 Feet U U o LU LL 100 0 100 Nw— w w t o u.n D� So F,.Erak C-u N. GAS D— 2015 Oats IL cc M MVi - 34-955 Map DW Sousa Frapvra C—y. N. CMS Daprrwr. 2015 DMa Baltimore 6'OAIo RR A 0-11 e b 0ei` rhirti ti�it,,h�•.t,•r e� 34.727 I en CB Ventures. LLC Property, TM 43-A-48A ® Portion of 43-A-48A To Be Rezoned Parcel Boundary Q CNd War Encampment CNd War Fort Cemetery Rural Landmark 34-727 RutMAad's Farm ® 34-955 vaMy Scrod Civil War Battlefields T nrd W mrhesler C.ve Area Feet 500 0 500 X 0 L11 tl Z W U O Q —1 W J JQ tl to U U W � w O Z W O = > U m U Untitled Page 11ttpS://taxes.c6derick.va.us/applications/TR_payTaxes/REDetail.aspx Frederick County V1 t'�i 1 I11('t (.1FE Ar TWE TO Pay/Lookup Taxes Payment Horne Personal Properly Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Previous 2016 REAL ESTATE Deptllickel#t RE2016 / 61280001 Frequency 1 Supplement# 0 Name CB VENTURES LLC Mapi# 43 A 48A Account## 8008551 Name 2 Bill Dale 06/05/2016 Acreage 4.980 Address 415 W CECIL ST Due Date 06/06/2016 Improvements S5,000.00 WINCHESTER VA Desc 4.98 ACRES land Value S852,500.00 Land Use $0.00 %ip 22601 3705 Minerals S0.00 Penally Paid $0.00 Interest Paid S0.00 Last Transaction Date 0513112016 Currrenl Payment sl:dus Original (Sill Payments Principal Balance Due Penally Interest Balance Due S2,572.50 ($2,572.50) $0.00 S0.00 S0.00 S0.00 Transaction history Date '1),pe 'I'milsactioll#t Anxmnt Balance 6/5/2016 Charge 0 S2,572.50 $2,572.50 5/31/2016 Principal Paid 99350 ($2,572.50) S(1.(X) Previous 1 of 1 6/1/2016 10:51 AM • \J GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: CB Ventures, Inc. Rezoning Application - Taxes Paid Statement File No: 2022C Date: Wed, Jun 1, 2016 To: FC Planning 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 ❑ For Your Review �1 As You Requested ❑ Please Comment Message Hi Candice, Please find attached the Taxes Paid Statement for the CB Ventures, Inc. Rezoning Application as promised. Please advise me if you need anything else regarding this matter and I will forward it immediately. Thank you, Evan Hand Delivery and Pick Ups Only: Received by: Please Print Name: Date: Untitled Page hops://taxes.co.frede ' .k.va.us/applications/TR_payTaxes/REDetail.aspx w Fn-derwK_Ifonx. Frederick County Virginia LIFFATTNrTOP Pay/Lookup Taxes Payment Horne Personal Properly Real Estate _ Dog Tags Pay Parking Violation TOther Payments T5hoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Previous 2015 REAL ESTATE DeptClickel## RE2015 / 294470002 Frequency 2 Supplement# 0 Name ORR-WINCHESTER LLC Map# 43 A 48A Account## 8008551 Nance 2 C/O THE ORR CO/DAVID ORR Bill Dale 04/1-1/2015 Acreage 4.980 Address 11180 SUNRSE VLY DR STE 300 Due Dale 12/07/2015 Improvements S5,000.00 Desc 4.98 ACRES Land Value S852,500.00 RESTON VA Land Use S0.00 /,ip 20191 4376 Minerals S0.00 Penalty Paid S0.00 Interest Paid So.00 Last Transaction Date 11/24/2015 Current Payment Status Original Bill Payments Principle Balance Due Penalty Interest Balance Due S2,401.00 ($2,401.00) S0.00 S0.00 S0.00 S0.00 Transaction History Dale 'Type 'Ilansacliun#t Amount Balance 4/14/2015 charge 0 S2,401.(X) S2,401.00 11/24/2015 Principle Paid 5614 ($2,401.00) S0.00 Previous 1 of 1 1/15/2016 10:43 AM Y C] COUNTY of FREDERICK Dcpartment of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 March 22, 2016 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for CB Ventures Commercial Property Identification Number (PIN): 43-A-487A Dear Evan: I have had the opportunity to review the draft rezoning application for the CB Ventures Commercial Properties. This application seeks to rezone 3.75 acres from the B2 (Business General) and B3 (Industrial Transition) Districts to the B2 (Business General) District with proffers. The review is generally based upon the proffer statement dated February 1, 2016. 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. Northeast Land Use Plan — Land Use. The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2030 Comprehensive Plan identifies this property with a commercial land use designation. In general, the proposed commercial zoning is consistent with the current land use supported by the Comprehensive Plan, subject to the following comments. 2. Northeast Land Use Plan — Existing Uses. This property is located in a developing area that contains a number of established residential properties. Special attention should be provided to ensure that the impacts to the adjacent residential properties are considered. Please consider enhanced site designs, corridor appearances, landscaping and building design with this application. 3. Pedestrian Accommodations. Please recognize that pedestrian accommodations should also be incorporated into the project. Particular consideration could be given to the signalized intersection of Amoco Lane and Route 11. IF E • Page 2 Mr. Evan Wyatt RE: CB Ventures Commercial March 22, 2016 4. Proffer Statement — GDP. The Generalized Development Plan accompanying the Proffer Statement could be a little more detailed. It would be helpful to include elements such as pedestrian accommodations, building location, loading areas and buffering. 5. Proffer Statement — Uses. Please clarify why Fire and Rescue Stations are a prohibited land use. Consideration should be given to proffering particular uses (restaurant/hotel, etc) instead of proffering out uses. 6. Proffer Statement — Remainder of the Parcel. Proffer C2 obligates the portion of the property that is not subject to the rezoning. The entire 4.98 acres will need to be included with this rezoning application. 7. Proffer Statement — Monetary Contribution. It would be more preferable to specify a lump sum monetary contribution to offset the impact of development, rather than the proffered square footage calculation. 8. Existing Vegetation. Consideration should be given to maintaining the existing mature evergreen and deciduous trees located along the property boundary along Amoco Lane. Utilizing the existing vegetation, and supplementing if necessary, would be preferable to removal and replacement. 9. Landscaping. Additional landscaping and corridor appearance buffering should be provided along the property's frontage with the interstate. Other site design elements, such as building materials, should be included to recognize the visibility of this site to the interstate. 10. Plat. Provide a plat of rezoning that includes a metes and bounds description of the property for which the rezoning is being requested. Also, please provide a deed for the property and verification of taxes paid. 11. Transportation Comments. Please note that transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 12. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Sanitation Authority, Frederick - Winchester Health Department, the local Fire and Rescue Company, the Historic Resources Advisory Board, the County Attorney and the Frederick -Winchester Service Authority. ! 0 Page 3 Mr. Evan Wyatt RE: CB Ventures Commercial March 22, 2016 13. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $10,375 based upon acreage of 3.75 acres. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, c� /' 5 - Candice E. Perkins, AICP, CZA Assistant Director CEP/dw TO: Evan Wyatt, AICP FROM: Michael T. Ruddy, AICP Deputy Director RE: Rezoning Notes — Orr -Winchester, LLC DATE: February 29, 2008 The following points are offered regarding the Orr -Winchester, LLC Rezoning application. Please consider them as you continue your work preparing the application for submission to Frederick County. Orr -Winchester, LLC General Please ensure that all review agency comments are fully addressed. The comments offered by the Frederick County Attorney in review of this application, dated February 28, 2008, are attached. Land Use This property is located in a developing area that contains a number of established residential properties. Special attention should be provided to ensure that the impacts to the adjacent residential properties are considered. Particular effort should be oracle to provide for enhaneecl design of the project to facilitate improved corridor appearance and the sensitive integration of the project into the surrounding Co111111u111ty. Landscaping, buffering, lighting, and building layout aIld form should be carefully planned to ensure that this is achieved. Such design elements should seek to exceed those provided on other similar developments to ensure that this project fits in with the surroundings and context of this particular location. Rezoning Notes — Orr -Winchester, LLC February 29, 2008 Page 2 Transportation Please make sure that the application provides a transportation impact analysis (TIA) that addresses the comments provided by Mr. John Bishop and VDOT. TIA impacts should be based upon the worst case scenario identified for the district, with recognition of the proffered uses if applicable. Inter -parcel circulation and access should be a greater consideration. It is anticipated that redevelopment may occur on the properties to the west of this parcel, across Amoco Lane. Therefore, entrance alignment and potentially alignment with a future east -west connection should be a consideration. Future access across to Pactiv Way should be a consideration. In addition, access through the adjacent McDonalds property should be carefully evaluated to ensure that this movement does not negatively impact the access to Route 11 or encroach upon any limits of access constraints for the Interstate. It may be necessary to revisit the design of the existing enhance on to Route 11. An opportunity may exist in the future for the consolidation of entrances along Amoco Lane. A mechanism to achieve this could be included in the proffer statement. The desired typical section for the ultimate upgraded Amoco Land should be addressed and incorporated into this application. An urban, curb and gutter section would be preferable. Drainage appears to be a consideration in this area. Right-of-way dedication, immediately or available in the future should be provided to achieve the acceptable standards for right-of-way. Properties across Amoco Lane would also be expected to dedicate right-of-way in the future. Any right-of-way dedication should occur in conjunction with the first building permit or within the time frame that is more immediate than presented. This approach could be combined into the proffer. Right-of-way needs should be evaluated and addressed along the properties frontage with Interstate 81. Future improvements to this con-idor will necessitate additional right-of- way. Preliminary right-of-way needs were identified in the earlier VDOT study of the corridor. Please recognize that pedestrian accommodations should also be incorporated into the project. Particular consideration could be given to this at the signalized intersection of Amoco Lane and Route 11, along the projects frontage with Route 11, and along Amoco Lane. Other projects in the general vicinity of this project have contributed additional funding for transportation improvements and analysis in the general area. This has been done in recognition of the need to address the broader transportation improvements in this Rezoning Notes — Orr -Winchester, LLC February 29, 2008 Page 3 developing area of the County. Coordination should occur with previously approved transportation improvements, either through Proffer or development plan approval, to ensure that all improvements are moving towards achieving a desirable ultimate section Or improvement. Proffer Statement The Generalized Development Plan accompanying the Proffer Statement could be a little more detailed. It may be prudent to be more specific on important elements such as the right -ill -right -out entrance, pedestrian accommodations, and building location, as well as, loading areas. The second entrance to the site along Amoco Lane should be evaluated and potentially eliminated. Consolidated entrances along Amoco Lane COUId be a consideration. With regards to land use restrictions, you may want to clarify why Fire and Rescue Stations is a prohibited land use. The lighting limitations should be increased to effectively address potential impacts. This would include a lower light pole standard. It would be more preferable, and much simpler to administer, to specify a IL11111) sum monetary contribution to offset the impact of development, rather than the calculation. In addition, the proffer should be to Frederick County for Fire and Rescue Services consistent with the comment provided by Mr. Mitchell. Other Consideration of maintaining the existing matU1'C evergreen and decidLIOLIS trees located along the property boundary should be a priority. Located in the identified buffer area, it would be preferable to take care ill Utilizing any existing trees aIld supplementing them with new plantings where needed. This should also be a consideration along Amoco Lane where the existing trees form a good buffer for the existing residential uses. Additional landscaping and corridor appearance buffering should be provided along the property's frontage with the interstate. Other site design elements should recognize the visibility provided from the interstate and ensure that a quality site layout is provided. Provide a plat of rezoning that includes a metes and bounds description of the property for which the rezoning is being regUcstcd. Also, please provide a deed for the property. Attachments MTR/dlw COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 NOTIFICATION OF PUBLIC HEARING July 13, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 1105-16 FOR CB VENTURES, LLC. On behalf of the Frecicrick County Boarcl of Supervisors, you are hereby notified of a public hearing being held on Wednesday, July 27, 2016 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-16 for CB Ventures LLC. submitted by Greenway Engineering, to rezone 3.75+/- acres from the 133 (Industrial Transition) District to the 132 (General Business) District, and 1.231-/- acres from the 132(Gcneral Business) District to the 132 (General Business) District with proffers. The property is located on the south side of Martinsburg Pike (US Route 1 1) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Exit 317 in the Stonewall Magisterial District, and is identified by Property Identification Number 43-A-48A. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit Lis oil the web at: www.f-cva.us. Sincerely, Canc ice �. Per ins, P, CZA Assistant Director CEP/pd 107 North Kent Stl-Cet, Suitc 202 • Winchester, Virginia 22601-5000 This is to certify that the attached corresponclencc was mailed to the following on n I 13I I (* Irolll the Department oI Planning and Development, I�recicrick COLIFI y, irginia: 43 - A- - 50-A 43 - A- - 46- PINE MOTOR COMPANY INC 2224 WILSON BLVD WINCHESTER VA 22601.3636 ROM HOSPITALITY LLC 1601 MARTINSBURG PIKE WINCHESTER VA 22603.4612 43C - 4• - 1- DUNIVAN DAVID E 140 AMOCO LN WINCHESTER VA 22603.4600 43 - A- - 48 KREMER PROPERTIES INC 4• 2 SAL SALES TERRY A C/O SHEETZ#309 ATTN JODY BARTKO. SALES THERESA L 5700 6TH AVE 117 WESTWOOD CIR ALTOONA PA 16602.1111 WINCHESTER VA 22602.4461 43 - A- - 48-A CB I3 VENTURES LLC 43C - 4• - 3• W CECIST ISLAMIC SOCIETY OF WINCHESTER PO BOX 4440 WINCHESTER VA 22601 WINCHESTER VA 22604.4440 43C - 4• - 4- 43 - A- - 49- GREENE JOHN B SR WELLTOWN PIKE LLC GREENE REBECCA R 2150 S LOUDOUN ST 168 AMOCO LN WINCHESTER VA 22601.3615 WINCHESTER VA 22603.4600 43 - A• - 50- AADESH LLC 1593 MARTINSBURG PIKE WINCHESTER VA 22603.5404 Candice F. Perkins, AICP, CZA Assistant Director Freclerick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK � I, / 4WD c,, 0--e—v— a Notary Public in and for the State and County aforesaid, do hereby certify that Cancliec 13. Perkins, Assistant Director for the Department of Planning and Development, whose name is signed to the foregoing, dated -) 113,11 � , has personally appeared bcf ore me and acknowledged the same in illy State and County aforesaid. Lv Given undcr Illy hand this �� clay of O % O My COIIlI111SS1011 eXpll'eS oil NOTART IT113 IAMALADEETER NOTARY PUBLIC REGISTRATION H 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 (\, 43C - 4- - 5- BROY ROBERT EUGENE TRUSTEE BROY SUE ANN TRUSTEE 758 BOOM RD BERRYVILLEVA 22611.2510 43C - 4- - 6- SHANHOLTZ DAVID L SHANHOLTZ LA RHONDA T 188 AMOCO LN WINCHESTER VA 22603 4600 43C - 4- - 7- JOBE MARY A 8960 N FREDERICK PIKE CROSS JUNCTION VA 22625.2133 43C - 4- - 8- JOBE MARY A 8960 N FREDERICK PIKE CROSS JUNCTION VA 22625.2133 0 Easy Peel® Labels ® ® 1, Bend along line to ® ; Use Averym Template 51610 Feed Paper ®� expose Pop-up EdgeTM AVER 65161 , 43C -4- - 10- 43C - 4- - 10- JOBE MAR JOBE MARY A 8960 N FREDE K PIKE 8960 N FREDERIC IKE CROSS JUNCTIO A 22625.2133 CROSS JUNCTION V 22625.2133 43C - 4- - 10- \ JOBE MARY A 43C -4- - 10- 8960 N FREDERICK PIKE JOBE MARY A CROSS JUNCTION VA 22625-2133 8960 N FREDERICK PIKE CRQ.S.R JUNCTION VA 22625.2133 43 - A- - 47- PINE MOTOR CO INC 2224 WILSON BLVD WINCHESTER VA 22601.3636 43 - A- - 47- PINE MOTOR CO INC 2224 WILSON BLVD WINCHESTER VA 22601-3636 ttiquettes faciles a peter A ; Repliez a la hachure afin de www.avery.com � Utilisez le gabarit AVERY® 5161® Senshargement reveler le reb op -up"" 1-800-GO-AVERY Easy Peel® Labels Use Avery(D Template 51610 ® �I Fee 0per l 43C''4 5 BROY RbkERT EUGENE TRUSTEE BROY SUE A N TRUSTEE 758 BOOM RD BERRYVILLE VA 22611 2510 43C - 4• - 5• \ BROY ROBERT EUGENE TRUSTEE BROY SUE ANN TRUSTEE 758 BOOM RD BERRYVILLE VA 22611.2510 Bend along line to AVERY05161® expose Pop-up w S j 43C - 4- - 5- BROY ROBERT EUGENE TRUSTEE BOY SUE ANN TRUSTEE 758, OOM RD BERR VILLEVA 22611.2510 43C - 4- - �' BROY ROBER1 EUGENE TRUSTEE BROY SUE ANN TRUSTEE 758 BOOM RD BERRYVILLE VA 22611.2510 43C - 4- - 8- 43C - 4- - 8- JOrE MARY A 8960 N FREDERICK PIKE JOBE MAY A 8960 N FRE 1�ERICK PIKE CROSS)U\CTION VA 22625.2133 CROSS JUN T ON VA 22625.2133 43C - 4- - 8- \\ 43C - 4- - 8- JOBE MARY A \\ JOBE MARY A 8960 N FREDERICK PIKE 8960 N FREDERICK PIKE CROSS JUNCTION VAS, 22625.2133 CROSS JUNCTION VA 22625.2133 ttiquettes faciles A peter ® i Repliez A la hachure afin de www.averycom Utilisez le gabarit AVERY® 51610 Sens de chargement r6v6ler le rebord Pop-up'" 1-800-GO-AVERY � 0 U COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 1, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 05-16 FOR CB VENTURES, LLC. On behalf of the Frederick County Planning Commission, you are hereby notified of� a public hearing being held on Wednesday, June 15, 2016 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-16 for CB Ventures LLC. submitted by Greenway Engineering, to rezone 3.75+/- acres fi•om the 133 (Industrial Transition) District to the 132 (General Business) District, and 1.23+/- acres from the 132(General Business) District to the 132 (General Business) District with proffers. The property is located on the south side of Martinsburg Pike (US Route 1 1) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Exit 317 in the Stonewall Magisterial District, and is identified by Property Identification Number 43-A-48A. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.feva.us. Sincerely, Ca Candice E. Pe�s, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suitc 202 • Winchester, Virginia 22601-5000 • 9 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 1, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 1105-16 FOR CB VENTURES, LLC. On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 15, 2016 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-16 for CB Ventures LLC. submitted by Greenway Engineering, to rezone 3.75+/- acres from the 133 (Industrial Transition) District to the 132 (General Business) District, and 1.23+/- acres from the 132(General Business) District to the 132 (General Business) District with proffers. The property is located on the south side of Martinsburg Pike (US Route 1 1) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Exit 317 in the Stonewall Magisterial District, and is identified by Property Identification Number 43-A-48A. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.feva.us. Sincerely, Candice E. Per it s, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Q 6 Vzm� w-e_. s L L C PTN 4 N / CO VENTURES, LLC PROPERTY I 10 E Tax Map Number Owner Mailing Address City & State ZIP Acres 0 0 43 A 46 43 A 47 PINE MOT OR COMPANY INC PINE MOT OR CO INC 2224 WILSON BLVD 2224 WILSON BLVD WINCHESTER, VA WINCHESTER, VA 226D1 22601 0.71 1.93 43 A 46 KREMER PROPERTIES INC, C/O SHEETZ N309 ATTN JODY BARTKO S700 6TH AVE AL700NA, PA 16602 2.34 415 CECIL ST WINCHESTER, VA 22601 4.98 43 A 49 WELLTOWN PIKE LLC 2150 S LOUDOUN ST WINCHESTER, VA 22601 1.46 43 A 50 AADESH LLC 1593 MARTINSBURG PIKE WINCHESTER, VA 22603 1.4 43 A 50A RDM HOSPITALITY LLC 1601 MARTINSBURG PIKE WINCHESTER, VA 226 33 3.38 43L 4 1 DUNIVAN DAVID E 140AMOCO LN WINCHESTER, VA 22603 0.5 43L 4 2 SALES JERRY A, SALES THERESA L 117 WESTWOOD CIR WINCHESTER, VA 22602 0.57 43C 4 3 ISLAMIC SOCIETY OF WINCHESTER PO BOX 4440 WINCHESTER, VA 22604 0.57 43C 4 4 GREENE JOHN B SR, GREENE REBECCA R 168 AMOCO LN WINCHESTER, VA 22603 0 43C 4 S BROY ROBERT EUGENE TRUSTEE, BROY SUE ANN TRUSTEE 758 BOOM RD BERRYVILLE, VA 22611 0.5 4 6 SHANHOLTZ DAVID L, SHANHOLTZ LA RHONDA T 188 AMOCO LN WINCHESTER, VA 22603 0.57 43C 4 7 JOBE MARY A 8960 N FREDERICK PIKE CROSS JUNCTION, VA 22625 0.75 PW 4 • IOBE MARY A 8960 N FREDERICK PIKE CROSS JUNCTION, VA 22625 0.75 43C 4 10 LOBE MARY A 9960 N FREDERICK PIKE CROSS JUNCTION, VA 22625 0.11 1 'Dot�-�- ��eS Source: Frederick County GIS, 201S Data It To: B+a-Data Processing From: Pam -Planning Dept. Please print L sets of labels by `�� 1p Thanks! Adjoining Properties Listing Sorted by Tax Map Number 0 0 This is to certify that the attached correspondence was mailed to the following on k I I I I (n from the Department of Planning and Development, Frederick County, Virginia: 43 - A- - 46- PINE MOTOR COMPANY INC 2224 WILSON BLVD WINCHESTER VA 22601.3636 43 - A- - 47- PINE MOTOR CO INC 2224 WILSON BLVD WINCHESTER VA 22601.3636 43 - A- - 48. KREMER PROPERTIES INC C/O SHEETZ#309 ATTN JODY BARTKO 5700 6TH AVE ALTOONA PA 16602.1111 43 - A- - 48-A CB VENTURES LLC 415 W CECIL ST 43 - A- - 50-A ROM HOSPITALITY LLC 1601 MARTINSBURG PIKE WINCHESTER VA 22603.4612 43C -4- - 1- DUNIVAN DAVID E 140 AMOCO LN WINCHESTER VA 22603.4600 43C - 4- - 2- SALES JERRY A SALES THERESA L 117 WESTWOOD CIR WINCHESTER VA 22602-4461 43C - 4- - 3- ISLAMIC SOCIETY OF WINCHESTER PO BOX 4440 WINCHESTER VA 22604.4440 43C - 4- - 4- WINCHESTER VA 2PB01 GREENE JOHN B SR GREENE REBECCA R 43 - A- - 49- 168 AMOCO LN WELLTOWN PIKE LLC WINCHESTER VA 2150 S LOUDOUN ST WINCHESTER VA 22601.3615 43 - A- - 50- AADESH LLC 1593 MARTINSBURG PIKE WINCHESTER VA 22603.5404 STATE OF VIRGINIA COUNTY OF FREDERICK 22603.4600 Candice L. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. I, �( ) , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice L. Perkins, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated CeI I I , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this �_ day of q-wre My commission expires on i�s�—L��—� 3 ( ZO 1 �l `F ARY PktBusuc REGISTRATION N 364474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 43C - 4- - 5- 0 BROY ROBERT EUGENE TRUSTEE BROY SUE ANN TRUSTEE 758 BOOM RD BERRYVILLE VA 22611.2510 43C - 4- - 6- SHANHOLTZ DAVID L SHANHOLTZ LA RHONDA T 188 AMOCO LN WINCHESTER VA 22603-4600 43C - 4- - 7- JOBE MARY A 8960 N FREDERICK PIKE CROSS JUNCTION VA 22625-2133 43C - 4- - 8- JOBE MARY A 8960 N FREDERICK PIKE CROSS JUNCTION VA 22625.2133 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 1, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-16 FOR CB VENTURES, LLC. On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 15, 2016 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-16 for CB Ventures LLC. submitted by Greenway Engineering* to rezone 3.75+/- acres from the B3 (Industrial Transition) District to the B2 (General Business) District 1.23+/- acres from the B2(General Business) District to the B2 (General Business) District with proffers. The property is located on the south side of Martinsburg Pike (US Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Fait 317 in the Stonewall Magisterial District, and is identified by Property Identification Number 43-A-48A. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester. Virginia 22601-5000 0 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: CB Ventures, LIX Proffer Statement Revisions File No: 2022C Date: Wed, Jul 6, 2016 To: FC Planning 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 Eel For Your Review ❑ As You Requested [,]? Please Comment Message Hi Candice, Please find attached the two minor revisions to the CB Ventures, LLC Proffer Statement that were discussed during the Planning Commission meeting for your review and comment. I have provided you with a redline revision document to assist with your review; as well as a final Proffer Statement that has been signed by the property owner. Please note that I have provided this information to FCSA and the County Attorney as well and contact me if you have any questions regarding this information. Thank you, Evan Hand Delivery and Pick Ups Only: Received by: Please Print Name: Date: PROFFER STATEMENT CB VENTURES, LLC COMMERCIAL DEVELOPMENT Stonewall Magisterial District Frederick County, Virginia TM 43-((A))-48A May 9, 2016 Revised July 1, 2016 Current Owner: CB Ventures, LLC Contact Person: I' an Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 0 0 C �I(-„vA l .- 40 Founded in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 MAY 1 9 2016 TRANSMITTAL Project Name: CB Ventures, LLC Commercial Rezoning .application File No: 2022C Date: Thu, May 19, 2016 To: FC Planning Attn: Candice Perkins Copied Delivery: ❑ Fed Ex ❑ Other_ Urgent For Your Review "As You Requested Please Comment Message From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-418 5 Fax: 540-722-9528 Hi Candice, U.S. Mail Courier ❑ Pick Up Please find attached the required information for filing the CB Ventures, LLC Commercial Rezoning Application, which includes a hard copy with original signature documents and a CD with PDFs of all digital files. Please review this information and advise me if you need anything else and I will forward it immediately. Please schedule this project for the June 15th Planning Commission meeting. Thank you, Evan Hand Delivery and Pick Ups Only: Received by: Please Print Name: Date: GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: CB Ventures, LLC Commercial Rezoning File No: 2022C Date: Mon, Feb 8, 2016 To: FC Planning_ From: Evan Wyatt Attn: Mike Ruddy GREENWAY ENGINEERING Copied Phone: 540-662-4185 Fax: 540-722-9528 Delivery: Fed Ex ❑ U.S. Mail F*7#, Courier Pick Up Other [—j Urgent L� For Your Review As You Requested a Please Comment Message Hi Mike, Please find attached the required information for your review of the CB Ventures, LLC Commercial Rezoning and contact me if you have any questions regarding this project. Thank you, Evan Hand Delivery and Pick Ups Only: Received by: Please Print Name: Date: M AY 1 9 2016 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET POUR APPRO VAL PLEASE PRO VME COMMEN7YAS TO WH.4T YOU WOULD LIKE TO HAVE COMPLETED. Initials Date & Time Candice Mark Dave Eric Mike John COMMENTS: ( � ' K Received by Clerical Staff (Date & Time): �(� (S:Office on BlackboxTormslDocumen( Approval Form — 12/27/13)