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HomeMy WebLinkAbout09-16 Commonwealth Business Cntr - PIN 75-A-91E B3 to B5 - Lot 5 - Back Creek - BackfileNOTES , LZ i 1 Lys DATE RECEIVED FROM ADDRESS -P'� ' 13C7X �08 (rl NO. 541019 Vf) as FOR C-Z I I I- m�-i �N `7S/a-�i ACCOUNT HOW PAID AMT. OF ACCOUNT GASH ANtT• , I CHECK P,vD rj I�Ij, 7 I3ALINCE MONEY DUE ORDER C',2001 R:�FQbm.` 8L818 be 0 REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List 6-1 S-! 8-t s- / (p is -JCD 9/agII(D Sys Ill # File opened Fee & Sign Deposit Deed Plat/Survey Taxes Paid Statement Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Application Action Summary updated Planning Commission Meeting ACTION: ` L 0 Board of Supervisors Meeting ACTION: Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Proffers recorded • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 September 29, 2016 Greenway Engineering Inc. Evan Wyatt 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #09-16 COMMONWEALTH BUSINESS CENTER LOTS PIN 75-A-91 E Dear Evan: This letter serves to confirm action taken by the Prederick County Board of Supervisors at their meeting on September 28, 2016. The above -referenced application was approved to rezone 1.21 acres from the I33 (Industrial "Transition) District to the I32 (General Business) District, With Proffers. The properly is located on the north side of Commonwealth Court (Route 1 I67) approximately 500' east of the intersection with Valley Pike (US Route 1 1 South) in Back Creek Magisterial District, and is identified by Property Identification Number 75-A-91 E. The proffer statement, originally dated June 24, 2016, with final revision date of August 10 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 Count)' 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: Gary A. Lofton, Supervisor Back Creck District J. Rhodes Marston and Greg Unger, Back Creek District Planning Commissioners Jane Anderson, Real Estate Ellen Murphy, Commissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution Executive Protection Systems, Inc., 161 Commonwealth Ct., Winchester, VA 22602 107 North }Cent Stl'CCt, Suitc 202 • Winchester, Virginia 22601-5000 0 • Pam Deeter To: Gary Lofton (gary@garylofton.org); Greg Unger; Rhodes Marston Subject: Approval letter of board action Attachments: SKMBT_PLAN16092909590.pdf Good morning, The approval letter for Rezoning 409-16 for Commonwealth Business Center lot 5 is attached. If you have any questions, please contact Mrs. Perkins. Pam Deeter Planning and Development 107 N. Kent Street, Suite 202 Winchester, VA 2260 (540) 665-5651 • i Pam Deeter From: Mail Delivery System <MAILER-DAEMON@co.frederick.va.us> To: jrmmarston@gmail.com; greglunger@yahoo.com; gary@garylofton.org Sent: Thursday, September 29, 2016 10:15 AM Subject: Relayed: Approval letter of board action Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: jrmmarston@gmail.com greglunger@yahoo.com gary@garylofton.org Subject: Approval letter of board action REZONING APPLICATION #09-16 COMMONWEALTH BUSINESS CENTER LOT 5 Staff Report for the Board of Supervisors Prepared: September 16, 2016 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Planning Commission: 09/07/16 Board of Supervisors: 09/28/16 Action Public Hearing Held; Recommended Approval Pending PROPOSAL: Rezoning #09-16 for Commonwealth Business Center Lot 5 submitted by Greenway Engineering, Inc., to rezone 1.21 acres from the 133 (hulustrial Transition) District to the 132 (General Business) District, with proffers. LOCATION: The property is located on the north side of Commonwealth Court (Route 1 167) approximately 500' cast of the intersection with Valley Pike (US Route 1 1 South). EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 09/28/16 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 1.21 acres fi-om the 133 (Industrial Transition) District to the 132 (General Business) District, with proffers, to accommodate commercial uses. Specifically the Applicant is proposing to operate a church from the property, altliougll the proffers do not limit the site to that use. The property is located within the County's Sewer and Water Service Area (SWSA). The Sewer and Water Service Area define the general area in Nvhich more intensive forms of planned commercial and industrial development will occur. In addition, the Eastern Frederick County Long Range Land Use Plan identifies this area with a Business/Commercial land use clesignation. The 132 (General Business) District zoning requested by the Applicant continues to be consistent with the land use identified in the 2030 Comprehensive Plan. No additional impacts to Frederick County or the surrounding property owners are anticipated. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their September 7, 2016 meeting. Following the required public hearing, a dechvion regarding this rezoning application by the Board of Superyiyory would be appropriate. The Applicant should be prepared to adequate!}, address all concerns raised by the Board offupervisorv. Rezoning #09-16 Commonwealth Business Ccnter Lot 5 September 16, 2016 Page 2 This report is prepared h.), the Frederick C01i11ty Planning Staff to provide inf n-ni(ttion to the PI(i1ining Commission (llid the Bow-d Of Supervisors to assist them in imil(ing a decision on this (ipplic(ition. It ntti.), (ilso he tiseflil to others interested in this zoning m(itter. Unresolved issues concerning this (tpplication (rre noted hj, sw f where r'Blewint thrmigholtt this staff report. Reviewed Planning Commission: 09/07/16 Board of Supervisors: 09/28/16 Action Public Hearing Held; Rccommendcd Approval Pending PROPOSAL: Rezoning #09-16 for Commonwealth Business Center Lot 5 submitted by Greenway Engineering, Inc., to rezone 1.21 acres from the 133 (Industrial Transition) District to the 132 (General Business) District, witli proffers. LOCATION: The property is located on the north side of Commonwealth Court (Route 1 167) approximately 500' cast of tllc intersection with Valley Pike (US Route I 1 South). MAGISTERIAL DISTRICT: Back Crcck PROPERTY ID NUMBER: 75-A-91 E PROPERTY ZONING: 133 Industrial Transition District PRESENT USE: Office ADJOINING PROPERTY ZONING & PRESENT USE: North: 132 (General Business) Use: Vacant M2 (Industrial General) Use: HP Hood (Industrial) South: B3 (Industrial Transition) Use: Automotive Parts Sales 132 (General Business) Use: RV Sales/Service East: 133 (industrial Transition) Use: Commercial (Auto Sales/Service) West: 133 (Industrial Transition) Use: Vacant Rezoning 1109-16 Commonwealth Business Center Lot 5 September 16, 2016 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: A VDOT review has been conducted for the Mosaic Bible Church Rezoning, with date of Junc 24, 2016. Based off of the review of the submittal, we are satisfied with the proposed transportation comments. The current entrances are adequate for the proposed uses. Frederick County Sanitation Authority: I am in receipt of. the Mosaic Bible Church rezoning application for property located at 161 Commonwealth Court. This property currently has inch water and sewer service. Capacities are available should the Applicant in the future request upgraded services to meet their requirements. FSCA is supportive of the rezoning. Public Works Department: We have no objection to the proposed rezoning from B3 to B2 to accommodate the change in use. However, we request that you clarify the reference to the stormwater management facility in paragraph "site drainage". Frederick County Fire Marshall: Plans approved Winchester Regional Airport: Proposed rezoning is compatible with airport operations Frederick County Attorney: Please sec the allached letter / -oar Roderick B. 11,71lianis dated August 10, 2016. Planning & Zoning: 1) Site History: Tile Frederick County Planning Department administratively approved the Commonwealth Business Center Master Development Plan on July 19, 1999. Previously, the Board of' Supervisors approved the plan on July 14, 1999. The Commonwealth Business Center Master Development Plan called for the industrial/commercial development of a 37 acre site. 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 primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation tool and will be instrumental to the futlir'e planning efforts of the County. Land Uve The parcel Ior which this rezoning is being requested is located within the County's Sewer and Water Service Area (SWSA). Tile Sewer and Water Service Area define the general area in 0 0 Rezoning #09-16 Commonwealth Business Center Lot 5 September 16, 2016 Page 4 which more intensive forms of planned commercial and industrial development will occur. In addition, the Eastern Frederick County Long Range Land Use Plan iclentities this area with a Business/Commercial land use designation. Therefore the requested B2 Zoning District is consistent with the Comprehensive Plan. Site Aecess The site is currently and will continue to be accessed offofCommonwcalth Court (Route 1167). 3) Proffer Statement, Dated June 24, 2016, revised August 10, 2016: A. Land Use Rcstrlctlons: 1. The owner has prohibited: • Gcncral Merchandise Stores • Commercial Daycare Facilities • Adult Retail 2. The owner has also proffered to prohibit daycare facilities operated by the church or private schools. B. Site Development: The owners will prepare a conceptual sketch plan to show the use of the facility (additions or expansions ivoid(l requiresubmission o,a revised site plan per the I're(lerick Cormt), Zoning Ordincince). C. Monetary Contribution: The Applicant has proffered to contribute $500 for Fire and Rescue Services. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 09/07/16 MEETING: Staff reported this is an application to rezone a total of 1.21 acres from the B3 (Industrial Transition) District to the B2 (General Business) District, with proffers to accommodate commercial uses. Staff presented a locations map of the property. Staff continued the Eastern Frederick County Long Range Land Use Plan identifies this area with a Business/Commercial land Use designation and the B2 (General Business) District zoning requested by the Applicant continues to be consistent with the land use identified in the 2030 Comprehensive Plan. It was noted the property is located within the County's Sewer and Water Service Area (SWSA). Staff reported with this rezoning request the Applicant has proffered to restrict: General Merchandise Stores, Daycare Facilities, and Adult Retail. It was noted the Applicant has proffered to contribute $500 to Fire and Rescue Services. Staff noted this is a minor rezoning. Evan Wyatt representing the Applicant came forward and presented an overview of the proposed rezoning. Mr. Wyatt explained this is intended to be an adaptive reuse project. Mr. Wyatt continued the purpose of the rezoning is to move from the B3 District to the B2 District because the B3 District does not permit churches. Mr. Wyatt explained when they met with Staff the only concern that was raised pertained to transportation due to the possibility of high trip generating uses not previously Rezoning #09-16 Commonwealth Business Center Lot 5 September 16, 2016 Page 5 permissible under the B3 District now be permitted ill the B2 District. Mr. Wyatt reported they worked with Staff and compared uses that would be permissible in either zoning district and then what remaining uses \were available; therefore the i'Cstl'ICtCCi Uses that are stated in the proffers are the result Of input received fi'onl Staff. A Commissioi] Member requested clal•IflCatloll as to \wllCthCi' this will remain dual use or solely a church. Mr. Wyatt noted it would be solely for a church. A Commission Mcmber commented from B2 District to B3 District a Ch'iVC tlll•ll i'Cstalll•allt of gas statioIl is going to generate more traffic than the uses being prof%red. Mr. Wyatt explained the restaurant use is permissible in both districts; as far as the convenience store aspect, they did not feel this site was going to be redeveloped in that fashion because of the location. Mr. Wyatt continued because of peak hour traffic, Staff had felt a daycare would not be acceptable. FIe concluded the church is not going to offer daycare services or schooling. The Public }-fearing was opened and no one came forward to speak therefore the Public Hearing was closed. A Commission Member commented if' a rcconlmendation was made that the Applicant not proffer the restrictions he would agree. A Commission Member stated it should be left as is. A motion was made, seconded, and unanimously passed to recommend approval of Rezoning #09-16 for Commonwealth Business Center Lot 5 as presented. Absent: Thomas, Molden, Mohn EXCUTIVE SUMMARY & STAFF CONCLUSION FOR T14E 09/28/16 BOARD OF SUPERVISORS MEETING: This is an application to rczone a total of 1.21 acres from the B3 (Industrial Transition) District to the B2 (General Business) District, with proffers, to accommodate commercial uses. Specifically the Applicant is proposing to operate a church from the property, although the proffers do not limit the site to that use. The property is located within the County's Sewer and Water Service Area (SNN/SA). The Sewer and Water Service Area clef nc the general area in which more intensive forms of planned commercial and industrial development will occur. In addition, the Eastern Frederick County Long Range Land Use Plan identifies this area with a Business/Commercial land use designation. The B2 (General Business) District zoning requested by the Applicant continues to be consistent with the land use identified in the 2030 Comprehensive Plan. No additional impacts to Frederick County or the surrounding property owners are anticipated. The Planning Conunission did not identify any concerns with the request and recommended approval of the application at their September 7, 2016 mectiIlg. Following the required public hearing, a recommendation ref;Jar(ing this rezoning application to the Board of ,Superyyory Would be appropriate. The Applicant Should be prepared to adequatell a(hiress all concerns raised by the Planning Commi- viols. r3 i� Applications Parcels Sewer and Water Service Area Building Footprints B1 (Business. Neighborhood District) B2 (Business. General Distrist) r� 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) d REZ # 09 - 16 Note: Frederick County Dept of Commonwealth Planning & Development Business Center Lot 5 107 N Kent St Suite 202 PIN Winchester, VA 22601 75-A-91E 540-665-5651 Rezoning from B3 to B2 Map Created: August 15, 2016 Staff: cperkins 0 65 130 260 Feet • Applications Parcels Sewer and Water Service Area Building Footprints -3. t 1 - .. 02 � , �• sir' Air i rArsr J REZ Oy 16 Note: Frederick County Dept of Commonwealth Planning & Development Business Center Lot 5 l07 N Kent St Suite 202 PIN: Winchester, VA 22601 75-A-91E 540-665-5651 Rezoning from B3 to 82 Map Created: August 15. 2016 Staff: cperkins 0 65 130 260 Feet #09-16 Parcels Sewer and Water Service Area • Building Footprints Long Range Land Use 0 Residential CAS Neighborhood Village ,'* Urban Center • Mobile Home Community Q Business (!:D Highway Commercial a) Mixed -Use 0 Mixed Use Commercial/Office 0 Mixed Use Industrial/Office - Industrial ® Warehouse 4DHeavy Industrial • Extractive Mining C7) Commercial Rec Rural Community Center ® Fire & Rescue Q Historic ® Institutional - Planned Unit Development Park Recreation School Employment C!l, Airport Support Area 0 B2/B3 O Residential, 4 u/a Q High -Density Residential, 6 u/a (� High -Density Residential. 12-16 u/a • Rural Area Interstate Buller Landfill Support Area Natural Resources & Recreation ® Environmental & Recreational Resources tes COMMONWEALYN 67 REZ#09-16 Commonwealth Business Center Lot 5 PIN. 75-A-91E Rezoning from B3 to B2 Note: Frederick County Dept of Planning Devebpmene 107 N Kent St Suite 202 Winchester, VA 22601 540 665-5651 Map Created. August 15. 2016 Staff: cperkins 0 75 150 300 Feet � ♦ 1 rI--1 • • oil PROFFER STATEMENT COMMONWEALTH BUSINESS CENTER - LOT 5 June 24, 2016 Revised August 10, 2016 Tax Map Parcel 75-A-91E Frederick County, Virginia Back Creek Magisterial District Current Owner: Executive Protection Systems, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 ewyatt@greenwaveng.com Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning Revised August 10, 2016 • COMMONWELATII BUSINESS CENTER — LOT 5 PROFFER STATEMENT 49 • REZONING: RZ # B-3, Industrial Transition District to B-2 Business General District with proffers PROPERTY: 1.21± acres Tax Map Parcel 75-A-91E (here -in after the "Property") RECORD OWNER: Executive Protection Systems, LLC (here -in after the "Owner") APPLICANT: PROJECT NAME ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters Greenway Engineering, Inc. (liere-in after the "Applicant") Mosaic Bible Church Rezoning June 24, 2016 August 10, 2016 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 19.50, 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 1.21±-acre parcel from the 13-3, Industrial Transition District to establish 1.21±-acres of B-2, Business General District with proffers, development of the 1.21±- 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 land owned by Executive Protection Systems, LLC, being all of Tax Map Parcel 75-A-91E, as evident by Special Warranty Deed recorded as Instrument #120008859/0339, and further described by Boundary Line Adjustment Survey Plat prepared by Marsh & Legge, Land Surveyors, P.L.C. dated September 29, 1999 (see attached Survey Plat). File t12530M/EAW Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning Revised August 10, 2016 • A.) Land Use Restrictions 1. The Owner hereby proffers to prohibit the following land uses on the Property: General Merchandise Stores Commercial Daycare Facilities Adult Retail SIC 53 No SIC Indicated No SIC Indicated 2. The Owner hereby proffers to restrict church facilities from providing daycare service and private school service on the Property. B.) Site Development 1. The Owner hereby proffers prepare a conceptual sketch plan and associated information for the adaptive reuse of the property as a church facility without daycare or private school service to the Planning Department. C.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $500.00 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 the Property. OWNER SIGNATURE ON FOLLOWING PAGE • File #2530M/I?AW 2 Greenway Engineering .tune 24, 2016 Mosaic Bible Church Rezoning Revised August 10, 2016 0 Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in die Frederick County Code. Respectfully Submitted: Executive Protection Systems, U,C 4, By: Authorized Ag nt Date Commonwealth of Virginia, City/County of/I//���IX To Wit: The foregoing instrument was acknowledged before me this 9:/—ay of z � 20 by ,�aIZIIME Zl k Notary Public '2 My Commission Expires ```1 �• PRY • p��y.%/,-r' r ;'•Z0 REG N 7123434 o COMMISS" •c EXPIRES 10 �•1010 /31/2019 ••• �` TH Nile 112530M/1?A W AMENDMENT Action: PLANNING COMMISSION: Septeilibcr 7, 2016 - Recommended Approval BOARD OI- SUPERVISORS: September 28, 2016 - ❑ APPROVED E DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #/09-16 COMMONWEALTH BUSINESS CENTER LOT 5 WHEREAS, Rezoning 1109-16 o1 Commonwealth Business Center Lot 5, submitted by Greenway Engineering, Inc., to rezone 1.21 acres from B3 (Industrial Transition) District to the B2 (General Business) District with proffers, final revision date of August 10, 2016 was considered. "file Property is located on the north side of Commonwealth Court (Route 1 167) approximately 500' east of the intersection with Valley Pike (US Route 1 I SOuth). The Property is further identified with PIN 75-A-91 E in the Back Creek District; and WHEREAS, the Planning Commission held a public hearing Oil this rezoning Oil September 7, 2016 and recommended approval; and WHEREAS, the Board Of SllpCrviSOrS held a public hearing oil this rezoning oil September 28, 2016; and WHEREAS, the Irederick 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 1.21 acres from B3 (Industrial "transition) District to the B2 (General Business) District with proffers, final revision elate of August 10, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. PDRes 832-16 • i -2- This ordinance shall be in effect on the elate of acloption. Passed this 28th clay of September, 2016 by the following recorded vote: Charles S. DeI-Iaven, Jr., Chairman Gary A. Lofton Robert A. Hess Gene C. Fisher Blaine P. Dunn PDRes #32-16 Robert W. Wells Judith McCann -Slaughter A COPY ATTEST Brenda G. Garton Frederick County Administrator • E �+ COUNT Ck of FRI EDERICK 1 1 t2odeHelc B. Williams SGf.Y/ ��„��, • . Countv Attorney 540/722-8383 Pax 540/667-0370 E-mail: rwillia@co.frederiek.va.us August 10; 2015 -P,�0, ,1 ANO � E4�-O ,AR IVAA f, . : Mz•. Evan Wyatt :::.::, : :: .. . . Gi eeriway >✓iigineei 9 151 Windy Hill Latie. .. Wikh6ster VA 22602 . Re: .ReLoiiing Applicatiozi Mosaic Bible Church=1Zezoning Proffer Statcntent dated June 24, 2016' . . Deeir EVaii: • You have submitted to I rederick County or review fhe move-referencedp i•offei- statement (the "PWfer Statement") for the propbs' ed:rezoning of Tax Parcel Nuniber•75 A=91E (tlie"Piopeity");:1:21f aczes;:Azioie'oz'Iess,.in the Back Ci,cekMagisferial•District, . fzorti the B3 Izidustiial Transition District to the B2 :General Biisuiess Distiici; .with :.pi:offers• I h�1ve now reviewed theProffer Statement and it is.niy opinion that the Proffer Statement:would be in a foi-iii to Mect the requireinP,.n s of the P rcdcrick.CountyZortitig . Oidivanceand the Code of Virbinia;.aiid would be legally siifficient as a proffer statement, sitbj6ct'to the following eoiuirteilt_ .;." e Proffer.D 1 Witli iespcct to''tlae.cofi:c', al site plan and associated oiiiiatioil fot the adaptive reuse.of the property;'the:procr :is incaningless withoi i tithe : particular plat aiid iiifoitiiatioir:being iiiclitded:as Bait of the Proffer.Statecnent:: In addition; regarding th'e refereiiceci.`site:pIari; thie:Zoning'Ordiriancezriight'.' othe" wise require a szte plait in :ziity event; wifh the proposed .change .of use: Tlieiefore;`the pz`offer would iioti he riieariingf-LI if it is only restating aiz drditiance . . regiiiieiiietit: To the exteii't :tlic proffei does znal<e a comti�itiiietit:beyond arz . . oz'd.itiance recjiiii erizezit; :tlie liioffez inightbesi specify when, follow, ink direction by the-Plannizlg Depai-tziteri't,-tlie indicated site plait:wo't ld be -provided. . 107 North'Kent Street Whichester, Virginia 22601 0 • • IMPACT ANALYSIS STATEMENT MOSAIC BIBLE CHURCH COMMONWEALTH BUSINESS CENTER - LOT 5 Back Creek Magisterial District Frederick County, Virginia TM 75-A-91 E June 24, 2016 Current Owner: Executive Protection Systems, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-6624185 • C7 • 0 Greenway Engineering Junc24,2016 Mosaic Bible Church Rezoning MOSAIC BIBLE CHURCH IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared fbr the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 1.21i-acre subject property currently owned by Executive Protective Systems, LLC, and identified as Tax Map Parcel 75-A-91E. The subject property is located in the Commonwealth Business Center (Lot 5) on the north side of Commonwealth Court (Rt. 1167). Tax Map Parcel 75-A-91 E is currently zoned B-3, Industrial Transition District and is developed as an office facility with showroom and construction contractor storage area. Mosaic Bible Church (the Applicant) proposes to rezone the 1.21±-acre subject property to B-2, Business Gcneral District with proffers to utilize the existing facility as a church witllout daycare or school accessory use. Basic information Location: Fronting on the north side of Commonwealth Court (Rt. 1167), approximately 500' cast of Valley Pike (US Route 11 South). Magisterial District: Back Creek District Property ID Numbers: 75-A-91 E Current Zoning: B-3, Industrial Transition District Current Use: Proposed Zoning: Proposed Use: Total Rezoning Area: Pile II2530M Impact Statcment/EAW Office and Construction Contractor Storage Facility B-2, Business General District with Proffers Church without Daycare or School Accessory Use 1.21±-acres with Proffers for the Subject Property 2 i i Greenway Engineering ,tune 24, 2016 Mosaic Bible Church Rezoning COMPREHENSIVE POLICY PLAN 0 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 1.21±-acre subject property is currently located within the UDA; therefore, expansion of the UDA boundary to accommodate the proposed development of the church facility without daycare and school accessory 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 1.21±-acre subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed development of the church facility without daycare and school accessory use is not required for this rezoning application. Comprehensive Plan Conformity The 1.21±-acre subject property is located in the UDA and the SWSA and is within the study area boundary of the Southern Frederick Land Use Plan, which was adopted by the Board of Supervisors on July 14, 2011. The Southern 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 1.21±-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. SUITABILITY OF THE SITE Access The 1.21f-acre subject property is located on the north side of Commonwealth Court (Rt. 1167), approximately 500 feet east of Valley Pike (U.S. Route 11 South). Access to the subject property is accommodated from existing commercial entrances along Commonwealth Court. Therefore, the proposed development of the church facility without daycare and school accessory use will not require new entrances to be constructed for access to the subject property. • File #2530M Impact Stalement/EAW 0 i Grcenway Engineering .rune 24, 2016 Mosaic Bible Church Rezoning 0 Flood Plains The 1.21i-acre subject property does not contain areas Of floodplain as demonstrated oil FEMA NFIP Map #51069CO214D, Effective Date Septcniber 2, 2009; as well as information from the Frederick County G IS Database. Wetlands The 1.21f-acre subject property does not contain wetland areas as demonstrates( on the National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database. Soil Types The 1.21±-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: 6C Carbo-Oaklet Silt Loams, Very Rocky 2-15% slope The Carbo-Oaklet Silt Loam is not identified as a 1)6111c agl'ICUltUral soil and has high shrink/swell properties. The subject property is Currently developed as an office facility with . COIlStRICt1011 contractor storage area and will not require expansion to accommodate the Church facility without daycare and school accessory use. 0 Other Environmental Features The 1.21±-acre subject property does not contain areas of steep slope, lakes or ponds or Ilaftffal stormwater retention areas as defined by the Frederick County Zoning Ordinance. The subject property is located in the gCOg1-apI11C pOI-tlOil Of the COUllty that is underlain by karst geology. However, the Subject property is currently developed as an office facility with construction contractor storage area and will not require expansion to accommodate the church facility without daycare and school accessory use. SURROUNDING PROPERTIES Adjoining, property Zoning and present use: North: M-2, Industrial General District B-2, Business General District South: B-2, Business Gencral District B-3, InCIl1SU'lal Transition District Pile 112530M Impact Suuement/EAW Use: H.P. Hood Use: Camping World Car Quest Distribution 4 0 • Greenway Engineering June 24, 2016 East: B-3, Industrial Transition District Use: West: B-3, Industrial Transition District Use: TRANSPORTATION Mosaic Bible Church Rezoning Ultimate Automotive Group Unimproved The 1.21::L-acre subject property is currently improved as an office, showroom and storage facility with existing commercial entrance access from Commonwealth Court (Rt. 1167). The rezoning of the subject property from the B-3, Industrial Transition District to the B-2, Business General District, is intended to allow for the existing facility to be utilized as a church facility without daycare and school accessory use. The Applicant (Mosaic Bible Church) will utilize the property for church services on Sundays between 9:00 AM — 1:00 PM and anticipates that there will minor use of the facility office with limited church membership during the week. The Applicant has advised that the traffic volume for their membership is approximately 50 vehicle trips on Sundays and that this volume is not anticipated to significantly increase as a result of acquiring the 1.211 acre subject property. The ITE Trip Generation Manual, 9°i Edition identifies an average vehicle rate of 0.61 vehicle trips per seat during Sunday Peak Hour Generation. Therefore, assuming a congregation of 100 members would create a range of 50-61 vehicle trips during the Sunday Peak Hour based on the information provided by the Applicant and by the ITE Trip Generation Manual. Greenway Engineering met with the County Transportation Planning Director to discuss the intended use of the property; as well as other potential land uses that could occur within the B-2, Business General District that are not already permitted by the current zoning of the subject property. Based on this discussion, the proposed Proffer Statement restricts church facilities from providing daycare service and private school service on the subject property, and restricts general daycare facilities and general merchandise stores (SIC 53) as land uses within the B-2, Business General District as a condition of rezoning approval. Greenway Engineering has conducted a comparative analysis of land uses within the B-2 District that are otherwise not permitted in the B-3 District and does not believe that these land uses would impact the existing transportation network. Commonwealth Court (Rt. 1167) is a state maintained road with separated right and left turn lanes at a signalized intersection with Valley Pike (US Route 11). The existing transportation network provides adequate storage capacity at the intersection and allows for protected left turn movements for traffic on Valley Pike and Corrnnonwealth Court. The proposed rezoning application will result in a significant reduction of traffic generation from the subject property that is projected at 235 VPD Weekday Peak Hour Generation volume based on the ITE Trip Generation Manual. The proposed church facility is projected at 50-61 VPD Peak Hour Generation volume based on information from the ITE Trip Generation Manual; therefore, the proposed rezoning application results in a reduction of 174 VPD and will not impact the transportation network during the Weekday and Saturday Peak File #2530M Impact StatemenUEAW • • :7 Greenway lingineciing .lone 24, 2016 Mosaic Biblc Church Rezonine • Hours. The proffered lend IISC 1'Cstrlctions mitigate potential impacts to the transportation network in the future should the subject property be utilized as a different land use; therefore, the proposed rezoning application does not negatively impact the transportation network. SEWAGE CONVEYANCE AND TREATMENT The 1.21i-acre Subjcct property is located within the Sewer and Watcr 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 and serves the existing facility with public sewer. The subject property has been improved with an 8-inch gravity sewer line that directs sewer effluent to the Hoge Run sewer interceptor main, which transmits sewer effluent to the Parkins Mill Treatment Facility. Based on comparable discharge patterns, the Frederick County Sanitation Authority (FCSA) has determined that 75 gallons/day per 1,000 square feet of' commercial development is an appropriate CalCUlation lol' estimating the sewer demand for commercial land IISCS. Q = 75 gallons/day/acre per 1,000 square feet commercial Q = 75 GPD x 15.875 (15,875 sq.(t./1,000 sq.ft.) • Q = 1,190 GPD TOTAL: Q = 1,190 GPD projected sewer demand The proposed church Iacility without daycare and school accessory use is antlClpated to require less sewer demand than the existing facility based on the limited use of the existing facility that will occur primarily on Sundays between 9:00 AM — 1:00 PM and limited office use by church representatives during the week. Therefore, the rezoning request will not create a negative impact for sewer demand associated with the subject property. WATER SUPPLY The 1.21±-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' tl)C County and serves the existing facility with public water. The subject property has been improved with a 12-inch water line that is looped to connect with a 20-inch water line near the northern boundary of'the subject property. Based on comparable discharge patterns, the Frederick County Sanitation Authority (FCSA) has determined that 75 gallons/day per 1,000 square feet of commercial development is an • appropriate calculation for estimating the water demand for commercial land uses. File 112530M Impact StatemcnUEAW 6 Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning Q = 75 gallons/day/acre per 1,000 square feet connnercial Q = 75 GPD x 15.875 (15,875 sq.ft./1,000 sq.ft.) Q = 1,190 GPD TOTAL: Q = 1,190 GPD projected water demand The proposed church facility without daycare and school accessory use is anticipated to require less water demand than the existing facility based on the limited use of the existing facility that will occur primarily on Sundays between 9:00 AM — 1:00 PM and limited office use by church representatives during the week. The existing water infrastructure provides adequate supply and pressure to the existing facility; therefore, the rezoning request will not create a negative impact for water demand associated with the subject property. SITE DRAINAGE The topographic relief on the 1.21±-acre subject property generally follows a south to north pattern, which directs drainage from the front of the rear. The approved site development plan for the subject site was designed to direct stormwater to the west and then drain to a facility in the northwest corner of the subject property. The subject property is currently developed as an office facility with showroom and construction contractor storage area and will not require expansion of the stormwater management facility to accommodate the church facility without daycare and school accessory use. Therefore, site drainage and stormwater management impacts to adjoining properties and the community have been mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the 1.21± 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 subject property is currently developed as an office facility with construction contractor storage area that is 15,875 square feet in gross floor area. Therefore, solid waste disposal impacts are based on the following figures that provide the increase in average annual solid waste volume based on the existing land use: AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial AAV = 5.4 cu. yd. X 15.875 (1,000 sq. ft.) AAV = 85.7 cu. yd., or 60.0 tons/yr. The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The existing land use has the potential to generate approximately 60 tons of solid waste annually on average. This represents a 0.03% increase . Pile #2530M Impact Statement/EAW • 0 (itCemway Fngincering June 24, 2016 Mosaic Bible Church Rezoning ill the Annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. The proposed church facility without daycare and School accessory use will result in a significantly lower volume ofsolid waste generation than the projected volume due to the frequency Of' Use Of the subject property. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this rezoning proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural LandIllal-kS Sw-vcy does not identify structures deemed to be historically significant on the 1.21i-acre subject property, nor does the SLlrvcy 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 1.21±-acre Subject property as being located within the proximity of the Second Kernstown study area boundary; however, the Subject pl'01)CI-ty is lOCatCd OLltSidC Of tllC def-mc(1 core battlefield area and is also defined as having lost integrity (luc to existing development patterns. Therefore, the proposed church facility without daycare and school accessory use will not create negative lilll)aCIS associated with historic resourccS. 0 OTHER POTENTIAL IMPACTS 0 The redevelopment of the 1.211-acre sLlbjcct property for the proposed church Iacility without daycare and School accessory Use will result in less impacts to the County than the existing office facility with showroom and construction contractor storage area. In recognition of fire and rescue services, the Proffer Statement provides a S500.00 monetary contribution IOr the existing Facility. There are no other potential impacts associated with the 1.21±-acre Subject property above those diSCLISSed ill this Impact Analysis Statement. Pile 112530M Impact Stmcmenl/EAW 8 r �r W7 • • ¢� W r 4 40, .. •�i. •4y�T •` U W i i ,• Z ~ _ • ` Z Z 111 t ; . O U W W • �.r" f 1 U Z_ i / Of to UJ IY ' m l- > O O Q . ► •, "_ J Q m w w i U Z Q O U) 04 rn • ` �� Z J o pit N W W J 1JJ . Q� U w Q > _ t Ui N Legend �`, '•_ �� ,. " �► %�` '� ? > Z o 4i -`� 1, U CQ OQ O J U v Commonwealth Business Center, Lot 5 r • y► W m g 2 Y Parcel Boundary m Q W w- a U W n �• 7 }, Q U W u .. rn z Y o t Feet , o0 QU-� ' �2� m o y � O w 100 0 100 ) \ U Q s Virginia Geographic Info rmation•Networkl 1` o Map Data Source: Frededck County. Va. GIS Department. 2016 Data, 2015 Aerial Photos Courtesy of VGIN/VITA (http://gismaps.vita.virginia.goviarcgis/rest/services VBMP2015/VBMP2015_WGS) O 00, Legend Commonwealth Business Center, Lot 5 Parcel Boundary Frederick County Zoning B2 (Business, General Distrist) - B3 (Business, Industrial Transition District) - M1 (Industrial, Light District) M2 (Industrial, General District) RP (Residential, Performance District) Feet 200 0 200 WINCHESTEi 11 \ M �1 Y 4 F.ITE to 1 LOCATION MAP 1 COMMONWEALTH CT IY (D W Z 1-- Z D_ W Q N U LU 0 LU Z_ U Z Z u��0 D map W J J Z COW 0 m � Q U Z O U O O � 2i 0 U W L0 0 rn 00 U 0 J W _Z Q Z ZLU<U) � ON Z w W W J U Z = U) Z IY o U <n O WLIJ F N Z N LO Z o W m Q< O W J = Z m O_ Y U 0 J W a LL m Q ~ W CDU W U W o Q O U W 7 u 0O ZO J U 2 G o m rV O aw Q Q Map Data Source Fredenck County, Va. GIS Department 2016 Data N �C a COMMONwEA` 12�^� 12 r a w J I) 'i 11 c N 12 8. 7 NO CP d. Legend = Commonwealth Business Center, Lot 5 Parcel Boundary Water Main Water Lateral Sewer Force Main Sewer Gravity Main QSewer -Water Service Area (SWSA) Urban Development Area (UDA) Feet 100 0 100 Y � RA 0 W Z_ f- Z Z O W N U W t'n W = Z U tY � � Pb U = Uj J J COw m f->- U ZO U) Z> O U Z O Q � O w Q cn' U Q = U) W U U) W zU)Lnn = to °6 CD U =) W Q CO W J = 3 Y W m Q W W U W Of Q � w � CO 0 z Q Y Q 0 CD U u7 I- 0 g Z c� !Y z O U Y U W 0 W LL W Q Q U) U) 06 W W W I LIJ 0 r m 0 w z c� 2 0 0 U w O 0_ n. r 0 0 N u; Q Map Data Source: Frederick County, Va. GIS Department, 2016 Data: Water & Sewer Data Courtesy of FCSA. January 2016 Map Data Source Frederick County, Va. GIS Department, 2016 Data. Wetlands N.W.I. - U.S. Fish & Wildlife Service (http //www.fws gov/wetlands/Data/Data-Download html) � �► • s w Y 4 8C 4el Legend ommonwealth Business Center, Lot 5 arcel Boundary 3OIIs CARBO-OAKLET SILT LOAMS, VERY ROCKY, 2 TO 15 PERCENT SLOPES CARGO-OAKLET-ROCK OUTCROP COMPLEX, 2 TO 15 PERCENT SLOPES CHILHOWIE SILTY CLAY LOAM, 7 TO 15 PERCENT SLOPES Feet 100 0 100 C� w z �- z Lij O U N U W U) r)- U) W U z a- = m ~ U) U =0J Lu O J Q cn m w m �>- U z O 75 O 2i O U w 5 c 0 O U o J W Z Q Z OW Cn Z V�^ N Z 0 (D w W W J w U Q = cn D- Q� } o U W QLli W n Z 2 Z 7 = in U)- 0 U � -i U W cc p U w J = (n m X w U m J LLJ d W LJLJ U W C) U W u O 0 U� b e Q ID N LU O F- < Map Data Source Fredenck County. Va. GIS Department, 2016 Data Map Data Source Fredenck County, Va. GIS Department. 2016 Data 9 • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Fee Amount Paid $ 5� l J.1. Zoning Amendment Number Ci q I lr Date Received i ► t . ), (S �0 i PC Hearing Date 7 1 to BOS Hearing Date Cfl j i u-- 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. Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: Executive Protection Systems, Inc. Telephone: (540) 662-4392 Address: 161 Commonwealth Court Winchester, VA 22602 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540) 662-4185 4. Property Information: a. Property Identification Number(s): 75-A-91 E b. Total acreage to be rezoned: 1.21 +/- Acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 1.21 +1- Acres d. Current zoning designation(s) and acreages) in each designation: B-3, Industrial Transition District 1.21+/- Acres e. Proposed zoning designation(s) and acreage(s) in each designation: B-2, Business General District 1.21+/- Acres f. Magisterial District(s): Back Creek District 0 12 • • • 5. Checklist: Check the following items that have been included with this application. Location map ? ✓_`: Agency Comments ✓ Plat ✓' Fees ✓ Deed to properly ✓ _ 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 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: Executive Protection Systems, LLC 7. Adjoining Property: 0 PARCEL ID NUMBER USE ZONING See Attached Adjoining Property Owner Map Exhibit & Adjoining Property Owner Land Use & Zoning 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): Commonwealth Business Center - Lot 5 Is located at 161 Commonwealth Court. Lot 5 is located on the north side of Commonwealth Court (Route 1167); approximately 500' east of the intersection with Valley Pike (US Route 11 South). 13 0 11 P • 9. The following information should be provided according to the type of rezoning proposed: Single Family homes: WA Non -Residential Lots: 1 Office: Retail: Restaurant: Commercial: 10. Signature: Number of Units Proposed Townhome: NIA Multi -Family: N/A Mobile Home: NIA Hotel Rooms: Sauare Footage of Proposed Uses _ Service Station: Manufacturing: Warehouse: Other: Church I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning 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 raintained so as to be visible fromthe 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: �4 I Date: Owner(s): Date: 7 l A Date: 14 0 MOSAIC BIBLE CHURCH REZONING s 0 COMMOREALTH BUSINESS CENTER, LOT 5 171 • • Tax Map Number Owner Mailing Address City & State ZIP Acres 63 A 85 CQ LANDLORD MULTI LLC, C/O LESLIE SHANAHAN SR PR TAX ACCT PARTS DISTRIBUTION LLC, 2635 E MILLBROOK RD RALEIGH, NC 27604 9.27 63 A 86A H P HOOD INC 6 KIMBALL LN STE 400 LYNNFIELD, MA 1940 74.09 63 A 86B H P HOOD INC 6 KIMBALL LN STE 400 LYNNFIELD, MA 1940 3.41 75 A 91E EXECUTIVE PROTECTION SYSTEMS LLC 161 COMMONWEALTH CT WINCHESTER, VA 22602 1.209 75 A 91G UAG PROPERTIES LLC 16 W PALL MALL ST WINCHESTER, VA 22601 1 75 A 91H BEAN PROPERTIES LLC PO BOX 3625 WINCHESTER, VA 22604 1 75 A 91J MEGANET REALTY LLC 506 MIDDLESEX AVE COLONIA, NJ 7067 4.13 ADJOINING PROPERTIES LISTING SOURCE: FREDERICK COUNTY GIS, APRIL 2016 • •U • 'Row qqW J 63 A 86B z 11 �x 'Z� w " W z W 3 Wz 0 LI-11 63 A 86A U w Y Z Z a- 4 75 A 91H z W Q 0 U 2E W CO 0 CO W ,Q = W Z CpMM 75 A 91E NWEgI-F►�_C.T U W D � 0- m 0 O ��W W J J Q m W Z cc � Z U Z O 75 A 91G Q O 0 U O Q O U w O u7 O U r ° Z Z J � w D Q U) Q Z Z C� 63 A 85 w Q D' ° o Legend U U) W w} Commonwealth Business Center, Lot 5 T- Z a Z 0O N Adjoining Property w j = Q O Q 2 Y 75 A 91J Parcel Boundary m J Q Z Z Y w w (� oz LL - U w 0 U o Feet Q O Z O < W u; c m a N 100 0 100 ° Q Q ° V) Map Data Source Fredenck County. Va. GIS Department. 2016 Data 0 • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Executive Protection systems, Inc. (Address) 161 Commornvealth Court Winchester, VA 22602 (Phone) (540) 662-4392 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. 120008859 on Page 0339 , and is described as Parcel: 75 Lot: A Block: 91E 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 personal] 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 here et my (ou d and seal this �--- day of , 20 Signature(s) State of Virginia, City/County of �-r� ��� r,� L , To -wit: f I, ) , a Not ary Public in and for the jurisdiction aforesaid, ce ify that the person s) wlio sig ned to t e oregoing instrum ent�ersonally a peared before m e and has acknowledged the same before me in the jurisdiction aforesaid this day of�, 20J_Lv. 1 01 1�� My Commission Expires: 1 o<0 Notary Publid' .' REZONING APPLICATION #09-16 COMMONWEALTH BUSINESS CENTER LOT 5 Staff Report for the Planning Commission Prepared: August 30, 2016 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 09/07/16 Pending Board of Supervisors: 09/28/16 fending PROPOSAL: Rezoning #09-16 for Commonwealth Business Center Lot 5 submitted by Greenway Engineering, Inc., to rezone 1.21 acres from the B3 (Industrial Transition) District to the B2 (General Business) District, with proffers. LOCATION: The property is located on the north side of Commonwealth COLIrt (ROLItC 1167) approximately 500' east of the intersection with Valley Pike (US Route 1 1 South). EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 09/07/16 PLANNING COMMISSION MEETING: This is an application to rezone a total of 1.21 acres fi'orn the B3 (Industrial Transition) District to the B2 (General Business) District, with proffers, to accommodate commercial uses. Specifically the Applicant is proposiIlg to Operate a ChUrch From the property, although the proffers do not liIllit the site to that use. The property is located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Sewer and Water Service Area define the general area in which more intensive Forms Of planned commercial and industrial ClCVCl0pI11CI1t will OCCLII'. In addition, the Eastern Frederick County Long Range Land Use Plan identifies this area with a Business/Commercial land use designation. The B2 (General Business) District zoning requested by the Applicant continues to be consistent with the land use identified in the 2030 Comprehensive Plan. No additional impacts to Frederick County Or the surrounding property owners are anticipated. Following the 1'equlred public hew-ing, a recommendation i'ehal'dln,)r this mzoninm application to the Board of Supervisors would be appropHate. The Applicant should be prepared to adequately address all concerns raised by the Planning Connnhslon. 0 • Rezoning 1109-16 Commonwealth Business Centcr Lot 5 August 30, 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 them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved Issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 09/07/16 Pending Board of Supervisors: 09/28/16 Pending PROPOSAL: Rezoning 809-16 for Commonwealth Business Center Lot 5 submitted by Greenway Engineering, Inc., to rezone 1.21 acres fi-om the B3 (Industrial Transition) District to the B2 (General Business) District, with proffers. LOCATION: The property is located on the north side of Commonwealth COLII't (Route 1 167) approximately 500' east of the intersection with Valley Pike (US Route 11 South). MAGISTERIAL DISTRICT: Back Crcck PROPERTY ID NUMBERS: 75-A-91 E PROPERTY ZONING: B3 Industrial Transition District PRESENT USE: Office ADJOINING PROPERTY ZONING & PRESENT USE: Nortli: B2 (Gencral Business) M2 (Industrial Gencral) South: B3 (Industrial Transition) B2 (General Business) East: B3 (In(Iustrial Transition) Use: Vacant Use: I-IP Hood (Industrial) Use: Automotive Parts Sales Use: RV Sales/Service Use: Commcl'clal (Allto Sales/Service) West: B3 (Industrial Ti-ansltlon) Use: Vacant 0 • Rezoning #09-16 Commonwealth Business Center Lot 5 August 30, 2016 Page 3 REVIEW EVALUATIONS: Vir1jinia Dept. of Transportation: A VDOT review has been conducted for the Mosaic Bible Church Rezoning, with date of June 24, 2016. Based off of tlic review of the submittal, we are satisfied with the proposed transportation comments. The current entrances are adequate for the proposed uses. Frederick County Sanitation Authority: I and in receipt of the Mosaic Bible Church rezoning application for property located at 161 Commonwealth Court. This property CL1rreIltly has I/, inch watcr and sewer service. Capacities are available should the Applicant in the future request upgraded services to meet their requirements. FSCA is supportive of the rezoning. Public Works Department: We have no objection to the proposed rezoning front B3 to B2 to accommodate the change in use. However, we request that you clarify the reference to the stormwater managelllent facility in paragraph "site drainage". Frederick County Fire Marshall: Plans approval Winchester Regional Airport: Proposed rezoning is compatible with airport operations Frederick County Attorney: Please .see the allachecl leller.fi•om Roclerick B. Gf,'illicmrs dcitecl August/ 10, 2016. Planning & Zoning: 1) Site Histo►y: The Frederick County Planning Department administratively approved the Commonwealth Business Center Master Development Plan on July 19, 1999. Previously, the Board of Supervisors approved the plan On July 14, 1999. 'fhe Commonwealth Business Center Master Development Plan called for the industrial/commercial development of a 37 acre site. 2) Comprehensive Policy Plan: The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan IS all official pLlblic doCL11nC11t that serves as the C0I11II1LInity'S guide for making decisions regarding development, preservation, public facilities and other key COI11pOI1C11tS Of CO111111LInity life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development Of Frederick County. The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary 1nlpleIllcIltatlon tool and will be instrumental to the future planning efforts Of the County. Lcmcl Use The parcel for which this rezoning is being requested is located within the County'S Urban Rezoning 1109-16 Commonwealth Business Center Lot 5 August 30, 2016 Page 4 Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area and Sewer and Water Service Area define the general area in which more Intensive forms of planned Commercial and Industrial development will OCCLIr. In addition, the Eastern Frederick County Long Range Land Use Plan identifies this area with a BLISiness/Commercial land use designation. Therefore the requested B2 Zoning District is consistent with the Comprehensive Plan. Site Access The site is currently and will ContinLIC to be accessed off of Commonwealth Court (Route 1167). 3) Proffer Statement, Dated June 24, 2016, revised August 10, 2016: A. Land Use Restrictions 1. The owner has prohibited: • General Merchandise Stores • Commercial Daycarc Facilities • Adult Retail 2. The owner has also proffered to prohibit daycare facilities Operated by the church or private schools. B. Site Development: The owners will prepare a conceptual sketch plan to show the use of the facility (ci(lditions of expansions ii,oiild i-egilire siiblliiSsiol7 ofCl i-evisecl site plan pel. the Frederick C'ounly Zoning Onlinance). C. Monetary Contribution: The Applicant has proffered to contribute $500 for Fire and Rescue Services. STAFF CONCLUSIONS FOR THE 09/07/16 PLANNING COMMISSION MEETING: This is an application to rezone a total of 1.21 acres from the B3 (Industrial Transition) District to the B2 (General Business) District, with proffers, to accommodate Commercial uses. Specifically the Applicant is proposing to operate a church from the property, although the proffers do not limit the site that use. The property is located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Sewer and Water Service Area define the general area in which more Intensive forms of planned commercial and Industrial development will OCCLII-. In addition, the Eastern Frederick County Long Range Land Use Plan identifies this area with a Business/Commercial land use designation. The B2 (General Business) District zoning requested by the Applicant continues to be consistent with the land use identified in the 2030 Comprehensive Plan. No additional Impacts to Frederick County or the surrounding property owners are anticipated. Follo►ving the reguired public heafing, a recommen(lation regat-ding this rezoning applications to the Board of Supervisois ivoul(1 be appropriate. The Applicant shoiild be prepared to a(legii(itely address all concerns raised by the Planning Commission. IDS COMMCNWEALTN Ci 1 1� 1111ME IT" PIKE 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) 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) ti a a A REZ # 09 - 16 Note: Frederick County Dept of Commonwealth Planning & Developme^r Business Center Lot 5 N Kent St e Suuitit e 202 PIN: Winchester. VA 226C 75-A-91E 540-665-5651 Rezoning from B3 to B2 Map Created: August 15. 2016 Staff: cperkins 0 65 130 260 Feet V Applications Parcels Sewer and Water Service Area Building Footprints REZ # 09 - 16 Note: Frederick County Dept of Commonwealth Planning 3 Developme-' Business Center Lot 5 l07 N Kent St e Suite 202 PIN: Winchester, VA 226C 75 - A - 91 E 540 - 665 . 5651 Rezoning from B3 to B2 Map Created: August 15. 2016 Staff: cpericins 0 65 130 260 Feet W JS95 rALLEY iJ5 PIKE COMMONWEALTH CT 3,SOS VALLEY PIKE Applications Parcels Sewer and Water Service Area il Building Footprints Long Range Land Use Residential 4s44� Neighborhood Village Urban Center t' Mobile Home Community Q Business CD Highway Commercial Mixed -Use Mixed Use commercial/Office 40 Mixed Use Industrial/Office t' Industrial ® Warehouse 40 Heavy Industrial • Extractive Mining 417-0 Commercial Rec ♦ w Rural Community Center ® Fire & Rescue t' Historic ® Institutional • Planned Unit Development 4WP Park 1-7 Recreation School �LJ Employment Airport Support Area 0 132 / B3 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 & Recreation • Environmental & Recreational Resources i E T4 { ►, o REZ #09-16 mom I.75 COMMON WEALTH CT tes COMMONWEALTH - REZ#09-16 Commonwealth Business Center Lot 5 PIN: 75-A-91E Rezoning from B3 to B2 �f tih 4 J Note: Frederick County Dept of Planning &Developments 107 N Kent St Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: August 15. 2016 Stoll: cperkins 0 75 150 300 Feet 11 1— 111 11 —1 90 90 . € COIRgTY of FRIE DE CK Roderick B. Williams Count), Attomey 540/722-8.) rax 540/667-0370 E-mail: rwillia@co.fredcrick.va.us August 10; 2016 VIVVAA YYµ�':,(�lAbllll•V11AlU., 151 Windy Hill Lae ' :. Winchester VA 22602 Re: Rezoning AppliCatioli Mosaic Bible Church - Rezoning Proffer Statement dated Julie 24' 2016 Dear l;van::...... . You have siibniitted to Frederick County for review the Above-refeteliced proffer statelnent (the `.`Proffer Statenielit") for the proposed rezoning of Tax Parcel NwAber 75 A.-911✓ (the "Property"), 1.21f acres, .bore or less, in the Back Creek Magisterial District; . frolli the:B3 IndustrialTransition District to the B2 General Business District; .with proffers. l have now 'reviewed the Proffer Statement and it is my opinion that the Proffer .:Statemen' wotild be in a forin'to'mect therequirenionts of the Fre'derick.County Zoning Ordinance and the:Code of Virginia anti would be legally sufficient -as a proffer Statenlent,`subj6ct to the following coillment:.: Proffer B1 _%With respect to t6& conceptual site plan and -associated infoini'ation for the adaptive reuse of the pioperiy, the proffer is nieaningless withoi tit the pai•tidLdar plan aid iiifoi•niation:beirig iiicltided.as pant of the Proffer Statement;. In aclditioli, regai`cliiI the 1'eferencec 'Site plan; AM'Zoning: (}1'd111ffi1Ce might. otherwise require a site plain in.aly event; :with the ptoposed.61 ng6 of use: The`refote, the proffer woWd'nof be theaningfiil if it is only restating ail ordinance . regiiiirenlelit..To tli'e.extclit the proffer.does make'a conimitiiierlt.bdyond an ordinance requirement, the!)ioffer inightbest specify when, fotlowing direction by the Planning DepMIniez1t, the indicated site plait would be provided. 107 North Kut Street Winchester, Virginia 22601 IMPACT ANALYSIS STATEMENT MOSAIC BIBLE CHURCH COMMONWEALTH BUSINESS CENTER - LOT 5 Back Creek Magisterial District Frederick County, Virginia TM 75-A-91E June 24, 2016 Current Owner: Executive Protection Systems, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering 9 June 24, 2016 C� Mosaic Bible Church Rezoning MOSAIC BIBLE CHURCH IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 1.21±-acre subject property currently owned by Executive Protective Systems, LLC, and identil'icd as Tax Map Parcel 75-A-91E. The subject property is located in the Commonwealth Business Center (Lot 5) on the north side of Commonwealth Court (Rt. 1167). Tax Map Parcel 75-A-91 E is Currently zoned B-3, Industrial Transition District and is developed as an ol'l'ice facility with showroom and C011StRICtlOn contractor storage area. Mosaic Bible Church (the Applicant) proposes to rezone the 1.21±-acre subject property to B-2, Business General District with proffers to utilize the existing Iacility as a church without daycare or School acceSS01'y Use. Basic lnlol'matlon Location: Fronting on the north side of'Commonwealth COL11-t (Rt. 1167), approximately 500' cast of Valley Pike (US Route 1 I SOUt11). Magisterial District: Back Creek District Property ID Numbers: 75-A-91 E Current Zoning: 13-3, Industrial Transition District Current Use: Proposed Zoning: Proposed Use: Total Rezoning Area: Office and Construction Contractor Storage Facility 13-2, Business General District with Proffers Church without Daycare or School Accessory Use 1.21±-acres with Proffers for the Subject Properly File 52530M Impact Statement/IinW 2 0 • Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning COMPREHENSIVE POLICY PLAN Urban Develormlent Area The Urban Development Area (UDA) defines the general area in which residential, commercial, indUSlrlal and institUtional land Use development IS eI1COLlraged irl the County. The 1.21±-acre Subject properly is currently located within the UDA; therefore, expansion of the UDA boundary to accommodate the proposed development of the church facility without daycare and school accessory 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 OUtSidC Of tl1C UDA to accommodate areas Of the COL1I1ty irl which commercial and industrial land use development is only desired. The 1.21±-acre Subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed development of' the church facility without daycare and school accessory use is not required for this rezoning application. Comprehensive Plan Conformity The 1.21±-acre SUblecl property is located in the UDA and the SWSA and is within the Study area boundary of the Southern Frederick Land Use Plan, which was adopted by the Board of Supervisors on July 14, 2011. The Southern 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 1.21±-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. SUITABILITY OF THE SITE Access The 1.21±-acre Subject property is located on the north Side of Commonwealth Court (Rt. 1167), approximately 500 feet cast of Valley Pike (U.S. Route 1 I South). Access to the SUblect property IS accommodated from existing commercial entrances along Commonwealth Court. Therefore, the proposed development of the ChUl-Ch facility without daycare and school accessory use will not require new entrances to be Constructed for access to the subject property. File #2530M Impact Statement/FAW 3 0 • Greenway Engineering .tune 24, 2016 Mosaic Bible Church Rezoning Flood Plains The 1.21±-acre subject property does not contain areas of floodplain as dei onstrated on FEMA NFIP Map #51069CO214D, Effective Date SeptembeI' 2, 2009; as well as information from the Frederick County GIS Database. Wetlands The 1.21±-acre Subject property does not contain wetland areas as demonstrated oil the National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database. Soil Types The 1.21±-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: 6C Carbo-Oaklet Silt Loams, Very Rocky 2-15% slope The Carbo-Oaklct Silt Loam is not identified as a prime agricultUral soil and has high shrink/swell properties. The Subject property is currently developed as an office facility with construction contractor storage area and will not require expansion to accommodate the church facility without daycare and school accessory use. Other Environmental Features The 1.21±-acre Subject property does not contain areas of steep slope, lakes or ponds or natural Stormwater retention areas as defined by the Frederick COUllty Z011ing Ordinance. The Subject property 1S located ill the geographic pO1't1011 Of the COLlllty that iS Underlain by karst geology. I-Iowever, the subject property is Currently developed as an office facility with C011Stl'UCti011 contractor storage area and will not r'egUil'e expansion to accommodate the Church facility without daycare and school accessory use. SURROUNDING PROPERTIES Adjoin ngproperty zoning and present use: North: M-2, Industrial General District 13-2, I3uSiness General District South: 13-2, I3uSiness General District 13-3, Industrial Transition District Use: H.P. Hood Use: Camping World Car Quest Distribution File ti2530M Impact Stalemenl/FAW • Greenway Engineering .tune 24, 2016 East: B-3, Industrial Transition District West: B-3, Industrial Transition District TRANSPORTATION Mosaic Bible Church Rezoning Use: Ultimate Automotive Group Use: Unimproved The 1.21±-acre subject property is CLII-relltly improved as an office, showroom and storage facility with existing commercial entrance access from C01111 onweal th Court (Rt. 1167). The rezoning of' the Subject property from the B-3, Industrial Transition District to the B-2, Business General District, is intended to allow for the existing facility to be utilized as a church facility Without daycare aild school accessory LISC. The Applicant (Mosaic Bible Church) Will utilize the property for church services on Sunclays between 9:00 AM — 1:00 PM and anticipates that there will Il11Il0i' Use of the facility office with limited Church membership during the week. The Applicant has advised that the traffic VO1L1111C for their melllbership Is approximately 50 vehicle trips on Sundays and that this Voluille is not anticipated to significantly increase as a resLllt Of aCClllll-ing the 1.21± acre subject property. The ITE Trip Generation Manual, 9`I' Edition identifies an average vehicle rate of 0.61 vehicle trips per scat Cluring Sunday Peak Hour Generation. Therefore, assuming a congregation of 100 i11embers Would create a range of 50-61 vehicle trips during the SLInclay Peak HOUr based oil the information provided by the Applicant and by the ITE Trip Generation Manual. Greenway Engineering met with the COLInty Transportation Planning Director t0 dISCL1SS the intended usC of the property; as well as other potential Iaild Uses that COLIId OCCUr Withill the B-2, Business General District that are not already permitted by the Current zoning of the Subject property. Based on this cliscussion, the proposed Proffer Statement restricts church facilities from providing daycare service and private school service on the Subject property, and restricts general Claycare facilities and general merchandise Stores (SIC 53) as land Uses within the B-2, Business General District as a condition of rezoning approval. Greenway Engileering has ConCILICted a Comparative analysis Of larld Uses within the B-2 District that are otherwise not permiticd in the B-3 District and does not believe that these land uses WOUId impact the existing transportation network. Commonwealth C0111'1 (Rt. 1 167) is a State maintained road with separated right and left turn lanes at a signalized intersection with Valley Pike (US Route 1 1 ). The existing transportation network provides adegUate storage capacity at the intersection and allows for protected left turn movements for traffic on Valley Pike and Commonwealth C0111-t. The proposed rezoning application Will result in a significant reduction of traffic generation fl-0111 the subject property that is projected at 235 VPD Weekday Peak Hour Generation volume based on the ITE Trip Generation Manual. The proposed church facility is projected at 50-61 VPD Peak I -lour Generation Volume based on information from the ITE Trip Generation Manual; therefore, the proposed rezoning application results in a reduction of' 174 VPD and will not impact the transportation network during the Weekday and Saturday Peak File #2530M Impact Statemem/HAW 5 9 • Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning Hours. The proffered land use restrictions mitigate poteIltial impacts to the transportation network in the future should the subject property be utilized as a different land use; therefore, the proposed rezoning application does not negatively impact the transportation network. SEWAGE CONVEYANCE AND TREATMENT The 1.21±-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 withiIl this area of the County and serves the existing facility with public sewer. The SUblect property has been improved with all 8-inch gravity Sewer line that directs sewer effluent to the Hoge Run sewer lllter'Ceptor main, which transmits sewer effluent to the Parkins Mill Treatment Facility. Based on comparable discharge patterns, the Frederick County Sanitation Authority (FCSA) has determined that 75 gallons/day per 1,000 square feet of commercial development IS all appropriate CalCUlation for estimating the sewer demand for commercial land uses. Q = 75 gallons/day/acre per 1,000 Square feet commercial Q = 75 GPI) x 15.875 (15,875 sq.ft./1,000 sq.ft.) Q = 1,190 GPi) TOTAL: Q = 1,190 GPD pr'o,lected sewer demand The proposed church facility without daycare and school accessory use is anticipated to require less sewer demand than the existing facility based on the limited use of the existing facility that will occur primarily on Sundays between 9:00 AM — 1:00 PM and limited office use by Church representatives during the week. Therefore, the rezoning request will not create a negative impact for sewer demand associated with the subject property. WATER SUPPLY The 1.21±-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 serves the existing facility with public water. The SUblect property has been improved with a 12-inch water line that is looped to connect with a 20-inch water line near the northern boundary of the Subject property. Based oil comparable discharge patterns, the Frederick County Sanitation Authority (FCSA) has determined that 75 gallons/day per 1,000 square feet of commercial development is an appropriate calculation for estimating the water demand for commercial land uses. Pile H2530M Impact Statement/FAW 6 (ireenway lingineering June 24, 2016 Mosaic Bible Church Rezoning Q = 75 gallons/day/acre per 1,000 square feet commercial Q = 75 GPD x 15.87.5 (15,875 sq.ft./1,000 sq.ft.) Q = 1,190 GPI) TOTAL: Q = 1,190 GPI) projected water demand The proposed Church facility without daycare and school accessory use is anticipated to require less water demand than the existing facility based on the limited use of the existing facility that will OCCL11' primarily 011 Sundays between 9:00 AM — 1:00 PM and limited office use by church representatives during the week. The existing water infrastructure provides adequate supply and pressure to the existing facility; therefore, the rezoning request will not create a negative impact for water demand associated with the subject property. SITE DRAINAGE The topographic relief on the 1.21±-acre subject property generally follows a south to north pattern, which directs drainage from the front of the rear. The approved site development plan f01' the SUblect Site was desigiled to direct stormwater t0 the west and then drain to a facility in the northwest corner of the subject property. The subject property is currently developed as an office facility with showroom and Construction contractor storage area and will not regUil'C expansion Of the stormwater management facility t0 accommodate the CiiLII'Cll facility without daycare and school accessory use. Therefore, site drainage and stormwater management impacts to adjoining properties and the Community have been mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the 1.21± Subject site can be projected from an average annual Commercial C011SU111pt1011 of 5.4 Cubic yards per 1,000 square feet Of StRICtural area (Civil Engineering Reference Manual, 4°i edition). The subject property is Currently developed as an office faculty with COI1St1'LICti011 contractor storage area that is 15,875 square feet in gross floor area. Therefore, solid waste disposal impacts are based on the following figures that provide the increase in average annual solid waste volume based on the existing land use: AAV = 5.4 CU. yd. per 1,000 sq. ft. commercial AAV = 5.4 CU. yd. x 15.875 (1,000 sq. ft.) AAV = 85.7 CU. yd., or 60.0 tolls/yr. The Municipal Solid Waste area Of the Regional Landfill IlaS a current remaining Capacity Of 13,100,000 Cubic yards of air space. The existing land use has the potential to generate approximately 60 tons of solid waste annually on average. This represents a 0.03% increase File 112.530M Impact Statement/FAW 7 9 Greenway Engineering June 24, 201E Mosaic Bible Church Rezoning in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, Which CLIr'rClltly averages 200,000 tons per year. The proposed church facility WitllOUt daycare and School accessory Use will reSlllt in a significantly lower volume ofsolid waste generation than the projected volume due to the frequency of use of the subject property. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this rezoning proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify Structures deemed to be historically Significant on the 1.21±-aCI-C subject property, 1101- does tile Survey identify properties Within proximity o1 this Site that are deemed potentially significaIlt. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the 1.21±-acre Subject property as being located within the proximity of the Second KernstOWn Study area boundary; however, the Subject property is located Outside of the defined core battlefield area and is also defined as having lost integrity due to existing development patterns. Therefore, the proposed C111,1I'Ch facility Without daycare and school accessory use will not create negative impacts associated With historic resolJrceS. OTHER POTENTIAL IMPACTS The redevelopment of the 1.21±-acre subject property For the proposed church i'acility WithOUt daycare and School accessory Use Will I -Milt in less impacts to the County than the existing office facility with showroom and COIlStrUCt10n contractor storage area. In recognition of fire and rescue Services, the Proffer Statement provides a $500.00 monetary contribution for the existing facility. There are no other potential impacts associated with the 1.21±-acre Subject property above those discussed in this Impact Analysis Statement. File #2530M Impact Statemenl/IinW S i Le_end Frederick County Zoning ..• J�d a s:n d. iqr,!. �.: Feet 200 0 200 a rub Sara FreoanG Cant. V GIS Dap� 2016 Dab m \'\ WINCHESTER i i r / a SITE COMMONWEALTH Cl Y �J LOCATION MAP (9 w Z Z Z w U W Z_ U Z Z Fn 2 mFp U HOQ CO w O m H U Z Q 0 O O U O i 2 O U cr w 0.i U Z a1 2 h O 2 N -0 0 m r O a 3 L) o 0 0 U Uj 7 W 0 �y ,p yDOO W n7 ~ �l Z w O U cn v w N � v 2 w H 2 vPr�P �?J j j LL J g ;0 w Z z O O Le i W 2 O / U ZCommoLe en nweahh BUSineSS Center. Lot 5 Parcel Boundary ` cr Lake or Pond W 0e O (� m Wetland (N. W I C U j 2 u) C > 100 Year Flood plain U u) w cr�t—�a Stream h > d 2roQU' O 5 Foot Intermediate Contour w co V Y ��/� • 25 Fox Index Contour m w yp� w p m Feet WU�S I 1 �Ja (►`' 300 0 300 W o w011•Y Sw,p Fftabetlr Canty. Vl GIS i>. 1018 WY; WMNWr N W I . U S FiM 8 Wbna Sumo (Mlp'tlwrlwr gollwbMap�yli)�.ppM.y� Nm11 m OF991 Lj ki.p Dec S.— Fyoen� Canty A GIS D.-nner„ 2016 Diiiii Ir 0 LIJ z z LU 0 N U.) V) ............ T- U, (-) z cr win < F (f) 0-, . . . . . . . . . -j 0. LU < LLj 0 c/5 0 2 0 Le end L Commonwealth Business Center. Lot 5 'z 0 Parcel Bounaary '4 uj z w NRCS Soils cr U x Q 5 5 'US 6C CARBO-OAKLET SILT LOAMS, VERY ROCKY. 2 TO 15 PERCENT SLOPES 2 < � z 7C CARBO-OAKLET-ROCK OUTCROP COMPLEX. 2 TO 15 PERCENT SLOPE, D m 0 0 < w ' m IC CWHOWIE SILTY CLAY LOAM. 7 TO 15 PERCENT SLOPES m, -, - S)- M < cr LU Feet oz 0 Lu 100 0 1001 0 < co REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be corrrpleled by Planning Strjf: Zoning Amendment Number 0 PC Hearing Date i Fee Amount Paid $ a c-)-1. Date Received 130S Hearing Date ctI �0-h �i ► tc The following i»Jormation shall be providecl by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of tile Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Namc: Greenway Engineering, Inc. Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: Executive Protection Systems, Inc. Adch'css: 161 Commonwealth Court Winchester, VA 22602 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540) 662-4185 Telephone: (540) 662-4392 Telephone: (540) 662-4185 4. Property Information: a. Property Identification Number(s): 75-A-91E b. Total acreage to be rezoned: 1.21+/- Acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parce](s) is not being rezoned): 1.21 +/- Acres d. Cl11'1'Cnt zoning designation(s) and acrcagc(s) in each designation: B-3, Industrial Transition District 1.21+/- Acres C. Proposed zoning dcsignation(s) and acrcage(s) in each designation: B-2, Business General District 1.21+/- Acres f. Magisterial District(s): Back Creek District 12 5. Checklist: Check the following iterils.that have been included with this application. Location slap ✓ Agency Comments I ✓ Plat ✓ Fees Deed to property _I ✓ L Impact Analysis Statement —I ✓ ;_ Verification of taxes paid _i ✓ I_ Proffer Statement _I ✓ I_ Plat depicting exact ► eets and bOUnds for the proposed zoning district _I ✓ _ Digital copies (pdf's) of all submitted documents, maps and exhibits _� ✓ �_ G. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Executive Protection Systems, LLC 7. Adjoining Property: PARCEL ID NUMBER USE ZONING See Attached Adjoining Property Owner Map Exhibit & Adjoining Properly Owner Land Use & Zoning 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 ►-OUtC 1111mbers): Commonwealth Business Center - Lot 5 is located at 161 Commonwealth Court. Lot 5 is located on the north side of Commonwealth Court (Route 1167); approximately 500' east of the intersection with Valley Pike (US Route 11 South). 13 0 u 9. The following information should be provided according to the type of rezoning proposed: Single Family homes: N/A Non -Residential Lots: 1 Office: Retail: Restaurant: Commercial: 10. Signature: Number of Units Proposed Townhonle: NSA Multi -Family: N/A Mobile Hollle: N/A Hotel Rooms: SQllarc Foota-yc of Proposed Uses _ Service Station: Ma11UfaCtUrlllg: Warehouse: Other: Church I (we), the undersigned, do hereby respectfully alike application and petition the Frederick County Board of Supervisors to an -end the zoning ordinance and to Change the zoning nap of Frederick County, Virginia. I (we) aUtllor izc 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 daysprlor to the Plannlilg C01111111SS10n pUbhC hearing and the Board of Supervisors public hearing and mintained so as to be visible fron-flic road right -Of -Way until the hearing. I (we) hereby certify that this application and its accom panying lllaterials are true and accurate to the best of Illy (our) knowledge. Applicant(s): Date: Date: owner(s): Date: el Date: HE • MOSAIC BIBLE CHURCH REZONING Tax Map Number Owner Mailing Address City & State ZIP Acres 63 A 85 CO LANDLORD MULTI LLC, C/0 LESLIE SHANAHAN SR PR TAX ACCi PARTS DISTRIBUTION LLC, 2635 E MILLBROOK RD RALEIGH, NC 27604 9.27 63 A 86A H P HOOD INC 6 KIMBALL LN STE 400 LYNNFIELD, MA 1940 74.09 63 A 86B H P HOOD INC 6 KIMBALL LN STE 400 LYNNFIELD, MA 1940 3.41 75 A 91E EXECUTIVE PROTECTION SYSTEMS LLC 161 COMMONWEALTH CT WINCHESTER, VA 22602 1.209 75 A 91G UAG PROPERTIES LLC 16 W PALL MALLST WINCHESTER, VA 22601 1 15 A 91H BEAN PROPERTIES LLC PO BOX 3625 WINCHESTER, VA 226.04 1 75 A 917 MEGANET REALTY LLC 1506 MIDDLESEX AVE ICOLONIA, NJ 1 70671 4.13 ADJOINING PROPERTIES LISTING COMMONWEALTH BUSINESS CENTER, LOT 5 SOURCE: FREDERICK COUNTY GIS, APRIL 2016 f,I A Hf.f1 63 A 66A Z W W C9 W Y Z Z d n 75 A 91H Z W Q 0 U ,U V W N W c � = Z COMMONWEAI.7N'C7 75 A f1E ��\ j in d to-0 _ U ��a LLJ J Q � m W Z _ 75 A 91G Z Q 0 0 Q g 0 U % N W Z Z a Q 2 z ONZ W N_ Z 0C7w _. Legend W U W n U) w J Cr W > O Commonwealth Business Center. Lot 5 cr = = E K Z n 0 p fn a a O U Adjoining Property 75 A 91J W J Co m Z 2 i y V W 0 Parcel Boundary Z w K U; pO U p m Feet cn O O Q Cr LL U_ m R 100 0 100 L) 7 o 6 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (S40) 66S-S6S1 Facsimile (S40) 66S-639S Know All Men By These Presents: That I (We) (Nallle) Executive Protection Systems, Inc. (Artr]ressl 161 Commonwealth Court Winchester, VA 22602 (Phone) (540) 662-4392 the owner(s) of all those tracts or parcels of land (" Prope rty") Conveyed to Ili e (us), by deed recorded in the Clerk's Office of the Circuit Court Of the County of Frederick, Virginia, by Instl•l.11llent No. 120008859 oil Page 0339 , and is described as Pal'CCI: 75 Lot: A Block: 91E Section do hereby make, Constitute and appoint: (Name) Greenway Engineering, Inc. Subdivision: (PlIolle) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as Illy true and lawfill attorney -in-fact for and in Illy (our) Ilar11 c, p lace and stc ad with full power and authority I (we) would have if acting personall y to file planning appllcatlom for ill y (our) a bove describe d 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 anlendnlents 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. hl witness thereof, I (we) have here 'et Illy (Ou ' CI and Seal this —I — day of Mu ICJ 20 (&, Signature(s) State of Virginia, City/County of_� ��� f�� To -wit: I , a Not ary Public in and for the jurisdiction aforesaid, Cer ify that the persoii s) who' slg lied to the oregoing instrulill Cllt ]),crsonally 1 )pcared Wore IIi e and has acknowledged tile same before nlc in the Jlll'iSCliCti011 af01'CSald this S� day of 20�. ,� ` �, u t :teay _� My Commission Cxpil'es: 1 ' 0 �Notary Put,}ic 0 • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Plannh7g Stclff Zoning Amendment Number. PC Hearing Date Fee Amount Paid $ Date Received _ BOS Hearing Date_ The following hffibrmation shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Sheet, Winchester. 1. Applicant: Name: Greenway Engineering, Inc. Address: 151 Windy Hill Lane Telephone: (540) 662-4185 Winchester, VA 22602 2. Property Owner (if different than above): Name: Executive Protection Systems, Inc. Telephone: (540) 662-4392 Address: 161 Commonwealth Court Winchester, VA 22602 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540) 662-4185 4. Property Information: a. Properly Identification Number(s): 75-A-91 E b. Total acreage to be rezoned: 1.21+/- Acres C. Total acreage of the parcels) to be rezoned (if the entirety of the parce](s) is not being rezoned): 1.21 +/- Acres d. CUITC11t zoning designation(s) and acreage(s) in each designation: B-3, Industrial Transition District 1.21+/- Acres C. Proposed zoning designations) and acreage(s) in each designation: B-2, Business General District 1.21+/- Acres f. Magisterial District(s): Back Creek District 12 0 • S. Checklist: Check the following items,that have been included with this application. Location snap ✓ Agency Comments ✓ Plat ✓ Fees ✓ Deed to property _: ✓ Impact Analysis Statement _ ✓ Verification of taxes paid ✓ Proffer Statement _ ✓ _ Plat depicting exact meets and bounds for the proposed zoning district _ ✓ Digital copies (pdf's) of all submitted documents, maps and exhibits _ ✓ _ 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Executive Protection Systems, LLC 7. Adjoining Property: PARCEL ID NUMBER USE ZONING See Attached Adjoining Property Owner Map Exhibit & Adjoining Property Owner Land Use & Zoning Table 8. Location: The property is located at (give exact loca Lion based on nearest road and distance from nearest intersection, using road names and route numbers): Commonwealth Business Center - Lot 5 is located at 161 Commonwealth Court. Lot 5 is located on the north side of Commonwealth Court (Route 1167); approximately 500' east of the intersection with Valley Pike (US Route 11 South). 13 9. The following information should be provided according to the type of rezoning proposed: Single Family homes: N/A Non -Residential Lots: 1 Office: Retail: Restaurant: Commercial: 10. Signature: Number of Units Proposed Townhome: N/A Multi -Family: N/A Mobile Home: N/A Hotel Rooms: Square Footaec of Proposed Uses Service Station: Manufacturing: Warehouse: Other: church I (we), the undersigned, do hereby respectfully nuke application and petition the Frederick County Board of Supervisors to an-ond the zoning ordinance and to change the zoning imp 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 Comnission public hearing and the Board of Supervisors public hearing and mintained so as to be visible fron1he 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: Date: Owner(s): Date: Date: ILI 97 A 990 11 O 67 A 86A Y Q> ' W LU Z Q 75 A 91H _ z a Z U ULLJ W J (n W = F 75 A 91E COMMONWEALTH Z Z C7 Er CO O U �0X LU J Q Z m 11J m � Z 75 A 91G Q zQ O Q O � O U 3 0 O Z O J & U Q o Z O N UJ i Z O(7w a 63 AW Lecend or x W to (� in if J lY Q j x Commonwealth Business Center. Lot 5 w w a ? W y = xi g cr O Adjoining Property 75 A 91J m m Z i Y U o Parcel Boundary m J 2 p w m U uj " m 8 a Feet a p a � U LL 5 � � R 100 0 100 a 0 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Executive Protection Systems, Inc. (Address) 161 Commonwealth Court Winchester, VA 22602 (Phone) (540) 662-4392 the owner(s) of all those tracts or parcels of land ("Propc rty") convey ed 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. 120008859 on Page 0339 , and is described as Parcel: 75 Lot: A Block: 91E Section do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. Subdivision: (Pholle) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as Illy true and lawful attorney -in-fact for and in my (our) nann e, p lace and ste ad with full power a lid authority I (we) would have if acting personall y to file planning applications for In y (our) a bove describe d Property, llnchldlilg: _Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the clay it is signed, or until it is otherwise rescinded or nlodified. In witness thereof, I (we) have here -set my (ou �Wa and seal this _ _ clay of Mt L , 20&1 Signature(s) I State of Virginia, City/County ofTo-wit: I, � , 4 , a Not ary cerfify that he person sl v�lno sig ned to thug instrum acknowledged the same before me in the jurisdiction aforesaid this My Con Notary FLililio Public in and for the jurisdiction aforesaid, ent.personally speared before m e and has day of , 20� . Imission Expires: l lu 0 0 MOSAIC BAPTIST CHURCH PAY TO THE ORDER OF _ .~' ii,0000S02'om »:O5LL,042r3Ol:OOOO25I23Ltt2AiiI .... ............ ,"^.'.......... `~`--^—'.'-~--`,`.......... --^^,^—~�—"° w-4ma`^ � / — m [ � Untitled Page 0 https://taxes.co.frederiVus/applications/TR_payTaxes/REDetail.aspx Frederick County 1 `r 11 11cI LIFE ArTTIE7.0 Pay/Lookup Taxes Payment Home Personal Properly Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Kcal Estate Ticket Detail Previous 2016 REAL ESTATE Deptllickettt RE2016/ 111070001 Frequency 1 Supplemcntti 0 Nanlc EXECUTIVE PROTECTION SYSTEMS LD Maptt 75 A 91E Accounttt 8038734 Namc 2 Bill Dale 06/05/2016 Acreage Address 161 COMMONWEALTH CT Due Date 06/06/2016 Improvements WINCHESTER VA Desc LOTS COMMONWEALTH DUSINES Land Value 1.21 ACRES Land Use Zip 22602 5322 Penalty Paid $0.00 Original Bill Paynlen(s S5,191.20 (S5,191.20) Interest Paid $0.00 Current Payment Status Principal Balance Due Penally $0.00 $0.00 Tninsuction History Minerals Last •transaction Date 05/26/2016 1.210 S 1,327,500.00 S402,900.00 S0.00 So.00 Interest Balance Due _... _._ .._ 5000 __..---So.00 Date l)'pe 7Yansaclionll Amount 6/5/2016 Charge 0 $5,191.20 5/2.512010 Principal Paid 99213 ($5,191.20) Previous I Balance S5,191.20 S0AX) 0f 1 S/ 11 /20 16 4.29 PM AMENDMENT Action: PLANNING COMMISSION: September 7, 2016 - Recommended Approval BOARD OF SUPERVISORS: September 28, 2016 - x❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #09-16 COMMONWEALTH BUSINESS CENTER LOT 5 WHEREAS, Rezoning #09-16 of Commonwealth Business Center Lot 5, submitted by Greenway Engineering, Inc., to rezone 1.21 acres from B3 (Industrial Transition) District to the B2 (General Business) District with proffers, final revision date of August 10, 2016 was considered. The Property is located on the north side of Commonwealth Court (Route 1167) approximately 500' east of the intersection with Valley Pike (US Route 11 South). The Property is further identified with PIN 75-A-91 E in the Back Creek District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on September 7, 2016 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 28, 201'6; 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 1.21 acres from B3 (Industrial Transition) District to the B2 (Genera[ Business) District with proffers, final revision date of August 10, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. PDRes #32-16 w • -2 This ordinance shall be in effect on the date of adoption. C7= Passed this 28th day of September, 2016 by the following recorded vote: t'. Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton. Aye Robert A -Hess Aye Robert W. Wells Aye Aye Aye Gene' E., Fisher Judith McCann -Slaughter Blaine P. Dunn Aye PROFFER STATEMENT COMMONWEALTH BUSINESS CENTER — LOT 5 June 24, 2016 Revised August 10, 2016 Tax Map Parcel 75-A-91E Frederick County, Virginia Back Creek Magisterial District Current Owner: Executive Protection Systems, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 (540) 662-41 R5 ewya tt Ca) green wayeng.com • 0 Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning Revised August 10, 2016 COMMONWELATH BUSINESS CENTER — LOT 5 16 0 0 0 9 8! i l i PROFFER STATEMENT REZONING: RZ # B-3, Industrial Transition District to B-2 Business General District with proffers PROPERTY: 1.21 ± acres Tax Map Parcel 75-A-91E (here -in after the "Property") RECORD OWNER: Executive Protection Systems, LLC (here -in after the "Owner") APPLICANT: Greenway Engineering, Inc. (here -in after the "Applicant") PROJECT NAME: Mosaic Bible Church Rezoning ORIGINAL DATE OF PROFFERS: June 24, 2016 REVISION DATE: August 10, 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 1.21±-acre parcel from the B-3, Industrial Transition District to establish 1.21±-acres of B-2, Business General District with proffers, development of the 1.21±- 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 land owned by Executive Protection Systems, LLC, being all of Tax Map Parcel 75-A-91E, as evident by Special Warranty Deed recorded as Instrument #120008859/0339, and further described by Boundary Line Adjustment Survey Plat prepared by Marsh & Legge, Land Surveyors, P.L.C. dated September 29, 1999 (see attached Survey Plat). File #2530M/EA W • 0 Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning —� Revised August 10, 2016 A.) Land Use Restrictions 1. The Owner hereby proffers to prohibit the following land uses on the Property: General Merchandise Stores Commercial Daycare Facilities Adult Retail SIC 53 No SIC Indicated No SIC Indicated 2. The Owner hereby proffers to restrict church facilities from providing daycare service and private school service on the Property. B.) Site Development 1. The Owner hereby proffers prepare a conceptual sketch plan and associated information for the adaptive reuse of the property as a church facility without daycare or private school service to the Planning Department. C.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $500.00 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 the Property. OWNER SIGNATURE ON FOLLOWING PAGE file ti2530M/EAW 2 0 171 Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning Revised August 10, 2016 Owner Signature The conditions proffered above shalt be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Executive Protection Systems, LLC By. /, Authorized A nt Date. Commonwealth of Virginia, City/County of F/L/ —4LX To Wit: The foregoing instrument was acknowledged before me this may of J 201Z-by ���il/�jJ'll/ Notary Public My Commission Expires ,i�lfllillll���` to 0 A0 do r.� REG # !, 7123434 01 o : COMMI5S" EXPIRES �0 ;10/31/2019.•- C •`` File N2530M/EAW PROFFER STATEMENT COMMONWEALTH BUSINESS CENTER - LOT 5 June 24, 2016 Revised August 10, 2016 Tax Map Parcel 75-A-91E Frederick County, Virginia Back Creek Magisterial District Current Owner: Executive Protection Systems, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 ewyatt@greenwayeng.com 0 PROFFER STATEMENT COMMONWEALTH BUSINESS CENTER — LOT 5 June 24, 2016 Revised August 10, 2016 Tax Map Parcel 75-A-91E Frederick County, Virginia Back Creek Magisterial District Current Owner: Executive Protection Systems, LLC Contact Person: Evan Wyatt, Director of Land Planning G reenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 ewyatt@greenwayeng.com 0 • Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning Revised August 10, 2016 COMMONWELATH BUSINESS CENTER — LOT 5 PROFFER STATEMENT REZONING: RZ # I3-3, Industrial Transition District to B-2 Business General District With proffers PROPERTY: 1.21 ± acres Tax Map Parcel 75-A-91E (here -in after the "Property") RECORD OWNER: Executive Protection Systems, LLC (here -in after the "Owner") APPLICANT: Grcenway Engineering, Inc. (here -In alter' the "Applicant") PROJECT NAME: Mosaic Bible Church Rezoning ORIGINAL DATE OF PROFFERS: REVISION DATE: PI'Ch11 ina1'y Matters June 24, 2016 August 10, 2016 Pursuant to Section 15.2-2296 Et. Sect. 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 1.21±-acre parcel from the B-3, Industrial Transition District to establish 1.21±-acres of B-2, Business General District with proffers, development of the 1.21±- acl'e SUbJeCt pl'Operty shall be done in confoi-mity with the tennis and conditions set fol'th herein, except to the extent that such terms and conditions may be SUbsegUelltly amended or revised by the Owner and such be approved by the Frederick County Board of' SLIpCI'V1S01'S in accol'dance with the said Code and Zoning OI'dlnance. In the event that SLICII 1ezoning Is not gl'anted, their these pl'Offel's shall be deemed wlthdi'awn 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 land owned by Executive Protection Systems, LLC, being all of Tax Map Parcel 75-A-91 E, as evident by Special Warranty Deed recorcled as Instrument #120008859/0339, and further described by Boundary Line Adjustment Survey Plat prepared by Marsh & Legge, Land Surveyors, P.L.C. dated September 29, 1999 (see attached Survey Plat). File #2530WHAW 0 • Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning Revised August 10, 2016 A.) Land Use Restrictions 1. The Owner hereby proffers to prohibit the following land uses on the Property: General Merchandise Stores Commel-clal DaycaI-e Facilities Adult Retail SIC 53 No SIC Indicated No SIC Indicated 2. The Owner hereby proffers to restrict church facilities from providing daycal-e service and private school service on the Properly. I3.) Site Development 4-7 The Owner hereby proffers prepare a conceptual sketch plan and associated information for the aclaptive reuse of the property as a church facility without claycal-e ol- pi-Ivate school set -vice to the Planning Depai-tmellt. The Owiie fm-the+ agrees-ta pre��icle t ie EounEy w+tf,-«-S Tc�ev p N'1 to pi-evi e-a ditienul site I-QSre•,-171L Irt:7—C(lie i-Iopeby tile PIR1111i114 b Dep, i' e-u-t: C.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provicle a monetary contribution of $500.00 for County Fire and Rescue services. The monetary contribution shall be made payable to Freclerick County at the time of issuance of the Certificate of Occupancy Permit for the Property. OWNER SIGNATURE ON FOLLOWING PAGE File #2530WHAW 2 0 Creenway Engineering Owner Signature • June 24, 2016 Mosaic Bible Church Rezoning Revised August 10, 2016 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board Of SLlpel'VISOI'S grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other regL11I'enlellts Set forth Ill the Frederick County Code. Respectfully Submitted: Executive Protection Systems, LLC m. Authorized Agent Commonwealth ol' Virginia, City/County of To Wit: The foregoing instrument was acknowledged bel'ore me this clay of 20_ by Notary Public My Commission Expires Date File 112530M/1-IAW 3 PROFFER STATEMENT COMMONWEALTH BUSINESS CENTER - LOT 5 June 24, 2016 Tax Map Parcel 75-A-91 E Frederick County, Virginia Back Creek Magisterial District Current Owner: Executive Protection Systems, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 ewyatt@greenwayeng.com Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning COMMONWELATH BUSINESS CENTER — LOT 5 PROFFER STATEMENT REZONING: RZ # B-3, Industrial Transition District to B-2 Business General District with proffers PROPERTY: 1.21± acres Tax Map Parcel 75-A-91E (here -in after the "Property") RECORD OWNER: Executive Protection Systems, LLC (here -in after the "Owner") APPLICANT: Greenway Engineering, Inc. (here -in after the "Applicant") PROJECT NAME: Mosaic Bible Church Rezoning ORIGINAL DATE OF PROFFERS: June 24, 2016 REVISION DATE: TBD 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 1.21±-acre parcel from the B-3, IndLlStrial Transition District to establish 1.21±-acres of B-2, Business General District with proffers, development of the 1.21±- 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 land owned by Executive Protection Systems, LLC, being all of Tax Map Parcel 75-A-91 E, as evident by Special Warranty Deed recorded as Instrument #120008859/0339, and further described by BOUndary Line Adjustment Survey Plat prepared by Marsh & Legge, Land Surveyors, P.L.C. dated September 29, 1999 (see attached Survey Plat). Nile 112530M/HAW • Greenway Engineering June 24, 2016 0 Mosaic Bible Church Rezoning A.) Land Use Restrictions 1. The Owner hereby proffers to prohibit the following land uses on the Property: General Merchandise Stores Commercial Daycare Facilities Adult Retail SIC 53 No SIC Indicated No SIC Indicated 2. The Owner hereby proffers to restrict church facilities from providing daycare service and private school service on the Property. B.) Site Development The Owner hereby proffers prepare a conceptual sketch plan and associated information for the adaptive reuse of the property as a church facility without daycare or private school service to the Planning Department. The Owner further agrees to provide the County with a Site Development Plan to provide additional site improvements to the Property if deemed necessary by the Planning Department. C.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $500.00 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 the Property. OWNER SIGNATURE ON FOLLOWING PAGE Pile #2530M/I?n W 2 Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Executive Protection Systems, LLC By: Autho gent tl Commonwealth of Virginia, City/County of _ jQ-e f ('CI L— To Wit: The foregoing instrument was acknowledged before me this day of 20 (Ay .ems ;,�Sl��o My Commission Expires A2, LA 7—/e �1� Date Notary Public File #2530M/EAW ✓' 0 151 Windy Hill Lane GREENWAY Winchester, VA 22602 ENGINEERING August 11, 2016 Frederick County Planning Department Attn: Candice Perkins, Deputy Director 107 North Kent Strect Winchester, VA 22601 RE- Mosaic I3ible Church — Review Agencies Comment Response Letter Dear Candice: The purpose of this letter is to provide you with a comps-ehensive comment response letter that addresses the Mosaic Bible Church COmments I-eceived Isom the various review agencies. The comprehensive comment response letter is structured to provide for the specific review agency, the date the comment Was i-ecelved, and Information pei-taining to each I-evieW comment. This information IS Intended to explain how specific coITlments have been adClreSsed by the i-e7_oning application. Frederick County Fife Marshal — Cotmnent dated July 12, 2016 Rezoning Approved. Frederick County Public Works — Comment dated ,July 21, 2016 d• No objection to the rezoning proposal; however, it is requested that you clari/i, the re/erence to the storinwater manageni.eni facility in the Site Drainage ,Section. COMMENT RESPONSE: Stormwater is directed to a drainage channel that was constructed in the northwestern portion of the Subject property. Stormwater conveyance was reviewed and appi-oved by the County Engincei- duI-ing the Site Plan process 1oi- the oi-iginal development of the SUblect pi-opei-ty. GI-cenway Englncei-Ing and the applicant are not aware of any Issues With stormwater conveyance associated With the subject property. Frederick Colony Sanitation Authority — Comment dated ,July 26, 2016 • Rezoning Approved. Frederick County Transportation — Comment dated July 26, 2016 A TIA Waiver has been approved based oll the impacts that have been identified with this rezoning application. 13ngiucctti Survgon , 1,11mmus IuIvire11111>euull Scientists Laboyawly Telephow 540-66241 S5 rm 540-722 952S WWWJ1VVV11\VhjtA)u.M11 Project II2530WEIAW Frederick County Planning — Comment dated August 4, 2016 ❖ The proffer only precludes the church froin operating a daycare, not another entity that is not affiliated with the church. COMMENT RESPONSE: Greenway Engineering met with Planning staff to discuss this item and It was agreed that this issue Is accoUllted for In the Proffer Statement aIld was all oversight. The desire to elunmate daycare is unclear as there are higher generating traffic uses that would still be permitted in the B2 District (restaurants, retail). COMMENT RESPONSE: Greenway Engineering met with Planning staff to discuss this item and advised that Greenway met with the County Transportation Director to review land uses that were permitted in both zoning districts; as well as land uses that Would be unique to the 13- 2 District. The Proffer Statement identifies prohibited B-2 District land uses that were determined to create potential traffic impacts above those already allowed in both zoning districts (i.e. restaurants). Planning staff COI1CUrred With this item based 011 0111- Illeet111g. The need for the second part of Proffer BI is unclear and should be removed as this is already required by the Zoning Ordinance. COMMENT RESPONSE: Section 131 of the Proffer Statement has been revised to eliminate the reference to the Site Plan for the subject property. Frederick County Attorney — Comment dated August 10, 2016 •:• Proffer BI restates an ordinance requirement for a Site Plan; therefore, the proffer is not meaningful. The proffer might best Specify when, following direction by the Planning Department, the indicated site plan would be provided. COMMENT RESPONSE: Section 131 of the Proffer Statement has been revised to eliminate the reference to the Site Plan for the subject property. Winchester Regional Airport — Comment dated August 11, 2016 ' Rezoning is compatible with airport operations. Virginia Department of Transportation — Comment dated August 11, 2016 VDOT is satisfied with the proposed transportation comments. The current entrances are adequate for the proposed use. Project 112530M/EAW 2 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. l appreciate yOLII- SUbsegLiellt email advising that the proposed revision addresses the comments with this rezoning application and yOUr Willingness to Schedule this rezoning application for the September %, 2016 Planning Commission Agenda. Sincerely, Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. Cc: Mosaic Bible Church Project 112530M/EAW 3 i 0 • Evan Wyatt From: Candice Perkins <cperkins@fcva.us> Sent: Wednesday, August 10, 2016 3:40 PM To: Evan Wyatt Subject: RE: Mosaic Bible Church - rezoning application 1?verything else appears fine based on our conversation. You can submit the package. Thanks, Candice Candice Perkins, AICI', CZA Assistant. Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 Phone: (540) 665-5651 Fax: (540) 665-6395 I_; -mail cl)ei-ldns@Fcva.us www. fcva. us "We do make a difference - one way or the other. We are responsible for the impact of our lives. Whatever we do with whatever we have, we leave behind us a legacy for those who follow." - Stephen Covey From: Evan Wyatt [mailto:ewyatt@greenwayeng.com] Sent: Wednesday, August 10, 2016 3:33 PM To: Candice Perkins; Rod Williams Subject: RE: Mosaic Bible Church - rezoning application Hi Candice, I can remove the second sentence since it is a requirement and keep the commitment for the sketch plan if that addresses Rod's and your comments. Please let me know and I will wrap this up since we have a filing deadline this Friday. Thanks again, Evan From: Candice Perkins [mailto:cperl<ins@fcva.us] Sent: Wednesday, August 10, 2016 3:30 PM To: Evan Wyatt <ewyatt@greenwayeng.com>; Rod Williams <rwillia@fcva.us> Subject: RE: Mosaic Bible Church - rezoning application l ,van, I think removal of that portion of the proffer would be better — since it's an ordinance recluireulent. Any alterations or site improvements would trigger an updated site plan. Candice • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 5401665-6395 August 4, 2016 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for Mosaic Bible Church Property Identification Number (PIN): 75-A-91E Dear Evan: I have had the opportunity to review the draft rezoning application for the Mosaic Bible Church property. This application seeks to rezone 1.21 acres fi-om 133 (Industrial Transition) District with proffers to the 132 (General Business) District with proffers. Staffs review comments are listed below for your consideration. 1. Eastern Frederick County Long Range Land Use Plan. The site is within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows the area where this site is located with a business/commercial use designation. Tile proposed 132 Zoning is a business use and is generally consistent with the Eastern Frederick County Long Range Land Use Plan as it relates to this area. 2. Proffer Statement - Uses. The proffer as worded only precludes the church from operating a daycare, not another entity that is not affiliated with the church from operating a daycare. Also, the desire to eliminate this is unclear — the 132 would allow for higher traffic generating uses that would still be permitted with this rezoning (restaurant, retail, etc). 3. Proffer Statement — Site Development. The need for the second part of proffer B 1 is unclear, any alterations or site improvements would trigger an updated site plan. This proffer should be modified to remove items already required by the Zoning Ordinance. 4. 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, the local Fire and Rescue Company, the County Attorney and the Frederick -Winchester Service Authority. Page 2 Mr. Evan Wyatt RE: Mosaic Bible Church August 4, 2016 5. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application includes a $5000.00 base fee plus $100.00 per acre. 6. Special Limited l'oNver of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. 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, i Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 1'CO COIMgTY of FRE DERICK �l I R'Oderiek B. Williams r;s'' County Attomey .540/722-8383 Fax 540/667-0370 E-mail: ' rwillia@co.fredcrick.va.us llugi�st 10; 2016 VTR &M.AIL AND REGULARMAY% . N(z. Evan Wyatt Gieenway Enguieering ' 1 C1 TT I�._ 1_ � TT•11 T You riave submitted to I'i•ederick County foz• review the above-refereziced proffer . statement (the "Proffer Statement") for the proposed rezoning of Tax Parcel Number 75 A-91E (the "Property"), 1.21} acres,more or less, in the Back Ci•eek Magisterial District; from the B3 :Inclusti'ial Tz-aiasition Distriet to the B2 General Business District; .with proffers. I have now reviewed i.he Profrcr Staterrnent anid it is i�iy opinion that the Proffe* :Statement.would be in a `6*rM to 'meet thei•equirements of the Frederick County'Zon ing Ordinance and the Code of Virginia', and viloidd be legally sufficient as.A proffer statement,.subject to the following coifzrnent: Proffer T31 With. respect to'tlie conieeptual site plan" and 'associated infoririaiJon for the adaptive reiise of the property; th6.' offer is nieariiiigless w tlioiit the particular• plain aiid hAbrniation being u1cluded.as part of the Proffer Statement:. hi addition, regai`ding the ref&C''niced site`plan; the Zoning Ordinance riiight otherwise require a site plan in.airy event; with the pr6p6scd.6hdhge of user Therefore; the pz•offei` wotilcl 'not be nleaniligfirl if it is only rostating air ordinance requiieiirent:. To the extent the ziroffer does make a conimitiiienit.beyond an ordinance reg0ir6inOnt, the pi'offei• "night best specify when, following direction by the Plarniing Departzrren:t, the indicated "site plan would be provided. 107 North Kciit Street Winchester, Virginia 22601 � J Evan Wyatt From: John Bishop <jbishop®fcva.us> Sent: Friday, July 22, 2016 3:06 PM To: Evan Wyatt Subject: RE: Project Items Evan, for WWW we have you scheduled for the August 171^ planning commission. As far as the TIA questions go both should be fine to waive based on the impacts that are being presented. Thanks John John A. Bishop AICP Assistant Director — Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 From: Evan Wyatt [mailto:ewyatt@greenwayeng.com] Sent: Monday, July 18, 2016 11:41 AM To: John Bishop Subject: Project Items Hi John, I called for you this morning and was advised that you are at the APA Conference through Wednesday. When you get back to the office, I would like to discuss the following projects with you: 1) WWW Rezoning — wanted to make sure if you were OK with the proffer statement and if this has been scheduled for the PC meeting. 2) Southern Hill Phase 2 —wanted to make sure you were amenable to the TIA Waiver request. 3) Mosaic Bible Church - wanted to make sure you were amenable to the TIA Waiver request. Thanks, 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 Rezoning Comments Virginia Department of Transportation Mail to; Virginia Department of Transportation Attn: Resident Engineer Attn: 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Nand dellver 14: Virginia Department of Transportation Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Appil ant: Please fill out the inforration as accurately as possible in order to assist the Vi*a Department of Transportation with their review Attach three coples of your application form, location .. map, proffer statement, impact anaiyAj4 and any other pertinent information. Applicant's Name: 4reanway Engineering, Inc. Telephone: (540) 662-4186 ,,_� � :fct.%it�._r. ..'t. p'L.;:aca,. .roc,. t,.u- sr.:. , ..n v .. •r,... .rar .. .. ,,. ,....; r v:,..,:.:: ;:r..; .. a•rx'`--)'i' r !. ' ,i .I r Mailing Address; 161 Windy Nils Upy ; Winchester. VA 22602 Location of pFoperty: l.ol 6ls located on tiro north cido of Commonwaalffi Court (Rt .1167); approximately 500' oaet of die Inlorscetlon with Valley Pike (US Routo 11 South). Curient,zoning:. B� Qlatrict Zoning requested; B2. olotrict Acreage: 1.21 ¢/- Ac Virginia Department of Transportation Comments: See attached VDOT email from Lloyd Ingram to Evan Wyatt with Greenway Engineering dated August 11, 2016. VDOT Signature & Date: Notice to VDOT d Please Return Fo - to Applicant „ 20 • 11 Evan Wyatt From: Funkhouser, Rhonda (VDOT) <Rhonda.Fun khouser@VDOT.Virginia.gov> Sent: Thursday, August 11, 2016 7:59 AM To: Evan Wyatt Cc: 'John Bishop'; Smith, Matthew, P.E. (VDOT); Ingram, Lloyd (VDOT) Subject: Mosaic Bible Church - VDOT Comments to Rezoning Attachments: 07.08.2016_GreenwaySubmittal_RezoningApplication.pdf; Comment Sheet.pdf IV 1� .,. �1 Y ;' .1 :.(':-,. � 4 .,; !_ ., i ,���.:f_� DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Mr. Wyatt, A VDOT review has been conducted for the Mosaic Bible Church Rezoning, with a date of June 24, 2016. Based off of the review of the submittal, we are satisfied with the proposed transportation comments. The current entrances are adequate for the proposed uses. If you have any questions or need further information, please do not hesitate to contact me. Regards, Lloyd A. Ingram I Land Development Engineer Virginia Department of Transportation C.I�+I"ICC, f-rederick, `_�I1C'n�ind0�ill ����li'I'CIl i.UllnilCS P10.31 Old Valley Pike f=dinhurg, VA 22824 voice: 540/984-561 t fax: 540/984 5607 e-rfiail: Lloyd,Ingram@vdot.virginia.gov 0 • Evan Wyatt From: Eric R. Lawrence <ELawrence@fcsa-water.com> Sent: Tuesday, July 26, 2016 9:32 AM To: Evan Wyatt Cc: Candice Perkins Subject: Mosaic Bible Church rezoning Hi Evan I am in receipt of the Mosaic Bible Church rezoning application for property located at 161 Commonwealth Court. This property currently has % inch water and sewer service. Therefore, FCSA is providing the property with water and sewer service. Capacities are available should the applicant in the future request upgraded services to meet their requirements. FCSA is supportive of the rezoning. Please contact me with questions. Thank you. -Eric 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 Rezoning Cnntrnents Frederick Cuant•y Department of Public Works Mail to: Frederick t'ounty M-pi. ol'Public Works On: Director of Engineering 1 b7 'North lent Street Winchester, Virginia 22001 (540) 665-5643 NCI Hand deliver to: I'redcrick C oui ly Dept. of Public Works Alto: Director of Enginecring County Administration Bldg., `+uitc 202 107 North Kew Street inchcstcr, Virginia Applicant: Please fill out the infot'm ation as accurately as possible in order to assist the Dcparlrrt ent of Public W orks with their review. Attach ' a copy of your applicatiott form, location map, proffer :.statement, impact analysis, and 9nv other perthient information. Ap})11(:it111�$ �at11C: rcces�••�ray �t�aitSooslcv�, tric. Mailing Address: 151 Windy Hill lane with Valley Pik,-, (US Kvuly 11 South), Telephone: (M)66241B5 I ,ocaf ioit Ul j)rUpCi l} : I nt 5 Is, locotnd or# the north aidv of C%orlrmomvealth GDurt (ill .1161); approximately 500' oast of thn Intpmr;rtinn with Vallny Piko (US Routn 1-1 .Snulh) { Ill'i'CI1t 7pltillg: 83Urslricl f011111g i'CCltle$fCC1; B2Uislnot Acrciq : L21{1-Ar• De larhuent 01' Public Work's Cum tents: ���e-----~�. , Q `�Q�. t` dY%titlt r Lj Public Works Signature & Date: — -(,�,� _J&t 01_�v N t. of Public Work+l..,jl'll.-stye Return This Form t e Applicant Notice to Dep u u the pl ?I From:5406784739 070/2016 OB:56 0224 P.002/003 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 inforrnation 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, ympacCan' aiysis;,and:,any'other: pertinent Wformation. Applicants Naine: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Winchester. VA 22602 Telephone: (540) 662-4185 Location of property: Lot 5 is located on the north side of Commonwealth Court (Rt .1167); approximately 500' east of the intersection with Valley Pike (US Route 11 South). Current zoning,*: B3 District Zoning re(lUested: B2 District Acreage: 1.21+1-Ac Fire Marshal's Comments: rlc A *aGN #" a h T Fire Marshal's Signature & Date: Notice to Fire Marshal - Please Return This Form to the Applicant 22 Fro m:5406764739 071&/2016 06:57 0224 P.003/003 Frederick County SCANNFI) Department of Fire and Rescue Office of the Fire Marshal 1080 Coversrone Drive Winchester, VA 22602 (540) 665-6350 Fax: (540) 678-4739 Email: finoa fcva. us Plan Review & Comments Date Received 718/2016 Plan/Permit Type Name Mosaic Bible Church Address 161 Commonwealth CT Project Name Applicant Name & Number RE# Permit Number Date Reviewed 7/12/2016 Rezoning Application 7-8-16 Winchester VA 22602 Rezoning Application 7-8-16 Greenway Engineering 540-662-4185 Emergency Vehicle Access: Adequate Inadequate N/ Hydrant Location: Adequate Inadequate CINIIA Siamese Location: Adequate Inadequate Fire Lanes Required: Yes No Plan Approval Status Approve Comments Signatur6. Reviewed By: Kenneth Scott, Jr. Title: 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 other pertinent information. Applicant's Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: 540-662-4185 Location Of property: Lot 5 Is located on the north side of Commonwealth Court (Rt 1167); approximately 500' east of the intersection with Valley Pike (US Route 11 South) Current zoning: B3 District Zoning requested: 62 District Acreage: 1.21+/-Ac Winchester Regional Airport's Comments: Proposed rezoning is compatible with airport operations Winchester Regional Airport's am.<lyliv-dbysrrr-M 1 Serena Manuel DN order alAanud,o•1'h hnlerP yronil rp rt Aullwn y,ou•A ipon. Signature &Date: maa Lnlmuovrl,'eo rcer,-,.,'US o.1r.1016081 i W 73os-04W Notice to Winchester Regional Airport - Please Return Form to Applicant L-- .1 30 a �1 L 151 Windy Hill Lane GREENWAY Winchester, VA 22602 ENGINEERING August 11, 2016 Frederick County Planning Department Attn: Candice Perkins, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Mosaic Bible Church — 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 Mosaic Bible Church 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. Frederick County Fire Marshal — Comment dated July 12, 2016 •3 Rezoning Approved. Frederick County Public Works — Comment dated July 21, 2016 ❖ No objection to the rezoning proposal; however, it is requested that you clarify the reference to the storrnwater management facility in. the Site Drainage Section. COMMENT RESPONSE: Stormwater is directed to a drainage channel that was constructed in the northwestern portion of the subject property. Stormwater conveyance was reviewed and approved by the County Engineer during the Site Plan process for the original development of the subject property. Greenway Engineering and the applicant are not aware of any issues with storrnwater conveyance associated with the subject property. Frederick County Sanitation Authority — Comment dated July 26, 2016 Rezoning Approved. Frederick County Transportation — Comment dated July 26, 2016 A IIA Waiver has been approved based on. the impacts that have been identified with this rezoning application. E11611cm- Servo ats i'Inuners Niviranar4au,il Scientists Ux boualoxy Telephone i4t?-662-41 S5 Fug 5-10-722-952S www,�irti�nsr��Uist,r�aln Project 112530WEAW Frederick County Planning — Comment dated August 4, 2016 ❖ The proffer only precludes the church front operating a daycare, not another entity that is not affiliated with the church. COMMENT RESPONSE: Grcenway Engineering met with Planning staff to discuss this item and it was agreed that this issue is accounted for in the Proffer Statement and was an oversight. The desire to eliminate daycare is unclear as there are higher generating traffic uses that would still be permitted in the B2 District (restaurants, retail). COMMENT RESPONSE: Grcenway Engineering met with Planning staff to discuss this item and advised that Grcenway met with the County Transportation Director to review land uses that were permitted in both zoning districts; as well as land uses that would be unique to the 13- 2 District. The Proffer Statement identifies prohibited B-2 District land uses that were determined to create potential traffic impacts above those already allowed in both zoning districts (i.e. restaurants). Planning staff concurred with this item based on our meeting. The need for the second part of Prgffer BI is unclear and should be removed as this is already required by the Zoning Ordinance. COMMENT RESPONSE: Section 131 of the Proffer Statement has been revised to eliminate the reference to the Site Plan for Ule subject property. Frederick County Attorney — Comment dated August 10, 2016 ❖ Proffer 131 restates an. ordinance requireinen.t for a Site Plan; therefore, the proffer is not meaningful. The proffer might best specify when, follolvirrg direction by the Planning Department, the indicated site plan would be provided. COMMENT RESPONSE: Section B I of the Proffer Statement has been revised to eliminate the reference to the Site Plan for the subject property. Winchester Regional Airport — Comment dated August 11, 2016 ❖ Rezoning is compatible with airport operations. Virginia Department of Transportation — Comment dated August 11, 2016 VDOT is satisfied with the proposed transportation comments. The current entrances are adequate for the proposed use. Project #2530M/GAW 7 0 0 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. I appreciate your subsequent email advising that the proposed revision addresses the comments with this rezoning application and your willingness to schedule this rezoning application for the September 7, 2016 Planning Commission Agenda. Sincerely, Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. Cc: Mosaic Bible Church Project 112530M/EAW 3 • 0 Evan Wyatt From: Candice Perkins <cperkins@fcva.us> Sent: Wednesday, August 10, 2016 3:40 PM To: Evan Wyatt Subject: RE: Mosaic Bible Church - rezoning application I?verything else appears fine basal on our conversation. You can submit the package. 1 hanks, Candice Candicc Perkins, AICI', C ZA Assistant Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 Phone: (540) 665-5651 I,'ax: (540) 665-6395 I -mail: cl)erldns@fcva.us www. fc V a. us "We do make a difference - one way or the other. We are responsible for the impact of our lives. Whatever we do with whatever we have, we leave behind us a legacy for those who follow." - Stephen Covey From: Evan Wyatt [mailto:ewyatt@greenwayeng.com] Sent: Wednesday, August 10, 2016 3:33 PM To: Candice Perkins; Rod Williams Subject: RE: Mosaic Bible Church - rezoning application Hi Candice, I can remove the second sentence since it is a requirement and Keep the commitment for the sketch plan if that addresses Rod's and your comments. Please let me Know and I will wrap this up since we have a filing deadline this Friday. Thanks again, Evan From: Candice Perkins [ma ilto:cperl<ins@fCya.LIS] Sent: Wednesday, August 10, 2016 3:30 PM To: Evan Wyatt <ewyatt@greenwayeng.com>; Rod Williams <rwillia@fcva.us> Subject: RE: Mosaic Bible Church - rezoning application I Ivan, I think removal of that portion of the proffer would be better — since it's an ordinance requirement. Any alterations or site improvements would trigger an updated site plan. Candice COUNTY of FREDERICI< Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 August 4, 2016 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for Mosaic Bible Church Property Identification Number (PIN): 75-A-91E Dcar Evan: 1 have had the opportunity to review the draft rezoning application for the Mosaic Bible Church property. This application seeks to rezone 1.21 acres fi-om B3 (Industrial Transition) District with proffers to the B2 (General Business) District with proffers. Staf'f's review comments are listed below for your consideration. 1. Eastern Frederick County Long Range Land Use Plan. The site is within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows the area where this site is located with a business/commercial use designation. The proposed B2 Zoning is a business use and is generally consistent with the Eastern Frederick County Long Range Land Use Plan as it relates to this area. 2. Proffer Statement - Uses. The proffer as worded only precludes the church from operating a daycare, not another entity that is not affiliated with the church from operating a daycare. Also, the desire to eliminate this is unclear — the B2 would allow for higher traffic generating uses that would still be permitted with this rezoning (restaurant, retail, etc). 3. Proffer Statement — Site Development. The need for the second part of proffer B I is unclear, any alterations or site improvements would trigger an updated site plan. This proffer should be modified to remove Items already required by the Zoning Ordinance, 4. 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, the local Fire and Rescue Company, the County Attorney and the Frederick -Winchester Service Authority. • Page 2 Mr. Evan Wyatt RE: Mosaic Bible Church August 4, 2016 S. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application includes a $5000.00 base fee plus $100.00 per acre. 6. Special Limited Power of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. 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, i Candice E. Perkins, AICP, CZA Assistant Director CEP/pd C� Evan Wyatt From: John Bishop <jbishop@fcva.us> Sent: Friday, July 22, 2016 3:06 PM To: Evan Wyatt Subject: RE: Project Items Evan, for WWW we have you scheduled for the August 17' planning commission. As far as the TIA questions go both should be fine to waive based on the impacts that are being presented. Thanks John John A. Bishop AICP Assistant Director —Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 From: Evan Wyatt [mailto:ewyatt@greenwayeng.com] Sent: Monday, July 18, 2016 11:41 AM To: John Bishop Subject: Project Items Hi John, I called for you this morning and was advised that you are at the APA Conference through Wednesday. When you get back to the office, I would like to discuss the following projects with you: 1) WWW Rezoning —wanted to make sure if you were OK with the proffer statement and if this has been scheduled for the PC meeting. 2) Southern Hill Phase 2 —wanted to make sure you were amenable to the TIA Waiver request. 3) Mosaic Bible Church - wanted to make sure you were amenable to the TIA Waiver request. Thanks, 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 • • Rezoning Comments Virginia Department of Transportation Mail to; Virginia Department of Transportation Attn: Resident Engineer Attn: 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 band -deliver j2, Virginia Department of Transportation Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: Please fill out the infornstion as accurately as possible in order to assist the Viripia Department of Transportation with their review Attach three copies of your application form, location.ap, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greanway Engineering, Inc. Telephone: ( ) 6t 1,- 1111Al ' :1_.. ..rNt .. r. ..'!•. r'tlj :f!.ta.,i. o. Lr„y a,: ❑.n •n. .... •7,... .r4r .. ..: , i-...... :.. ,: 4.,...d .3t..:_iA� i'•.%i',' { Mailing Address: 151 Windy Hill Wng Winchester, VA 22602 i. cation of prop@rty; Lot 5 is located on (Ito norih eido of Commonwealth Court (Rt .1107); approximately 500' ooet of the Intorabotlon with Valley Rlke (US Route 11 South). Curient.Zoning: B�.Qistrlct .. Zoning requested; 132,0151dct Acreage: 1,21 t/- Ac Virginia Department of Transportation ansportation Comraents: See attached VDOT email from Lloyd Ingram to Evan Wyatt with Greenway Engineering dated August 11, 2016. j VDOT Signature & Date: Notice to VDOT - Please Return Fo n to Applicant 20 r� u u Evan Wyatt From: Funkhouser, Rhonda (VDOT) <Rhonda.Fun khouser@VDOT. Virgin ia.gov> Sent: Thursday, August 11, 2016 7:59 AM To: Evan Wyatt Cc: 'John Bishop'; Smith, Matthew, P.E. (VDOT); Ingram, Lloyd (VDOT) Subject: Mosaic Bible Church - VDOT Comments to Rezoning Attachments: 07.08.2016_GreenwaySubmittal_RezoningApplication.pdf; Comment Sheet.pdf S 'J DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Mr. Wyatt, A VDOT review has been conducted for the Mosaic Bible Church Rezoning, with a date of June 24, 2016. Based off of the review of the submittal, we are satisfied with the proposed transportation comments. The current entrances are adequate for the proposed uses. If you have any questions or need further information, please do not hesitate to contact me. Regards, Lloyd A. Ingram I Land Development Engineer Virginia Department of Transportation Clarke, I-rede'rick, Shell fmdollh ("(Alflim.... 14031 Old Valley Pike Edinburg, VA 22821 voice: 510/98M-5611 fax: 540/953-5607 e-mail: Lloyd.Ingram@vdot.virginia.gov ►-J r� t� Evan Wyatt From: Eric R. Lawrence <ELawrence@fcsa-water.com> Sent: Tuesday, July 26, 2016 9:32 AM To: Evan Wyatt Cc: Candice Perkins Subject: Mosaic Bible Church rezoning Hi Evan. I am in receipt of the Mosaic Bible Church rezoning application for property located at 161 Commonwealth Court. This property currently has 3/ inch water and sewer service. Therefore, FCSA is providing the property with water and sewer service. Capacities are available should the applicant in the future request upgraded services to meet their requirements. FCSA is supportive of the rezoning. Please contact me with questions. Thank you. -Eric 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 0 E Rezoning Comments Frederick County Department of Public Works Mail to: Frederick County Dc pt. of Public Works Alin: Director of Engineering 107'North Kent Street Winchester, Virginia 22601 (540) 665-5643 W hand deliver to: Frederick C otm(y Dept. of Public Works Al In: Director of Engineering County Administration Bldg., `+uilc 202 107 North Kent Slrcel inchester, Virginia Applicant: Please fill out the inform alion as accurately as possible.in order to assist the Departrn ent of Public W orks with Owir review. Attach a copy of your application form, location map, proffer slxlemerat, impact :analysis, and'any.other pertiuertt information. Appllt;imV5 Name-. rreeti~,ray Etilait5l l'SISYj, tine. Telephone: (54D) b62-41b5 Mailing Address: 151 Windy Hilt I ano with Valley Pik'-- (US Route 11 mouth). I ,i te•al Jpn Uf prUpCrtr': I nt i Is locotod on the north side of Comnwmvealth Court (lit .1161); approximately 500' east of thn InterFr-M;nn ,Jth VaAo Pike (US Routo ItSmith) - t ili'I'Ci1t 7nnlil�: 83131strid Zomtlrg I'CgjIOtC(l: 132(Distml At:fCa27t': 1.21+1-Ar, 1)c rartmetrt al* Public Work's Cum► rents: Z vb cmn .. Y� IAJI► �- �_ (v'� ('ICI S_� 1 i V1 — +�� Public Works Signature rL t)atc: - --1�� + 1_LO Notice to Dept. of Public WorlIllease Return This Form to the Applicant P pl ?I Fvom:54067B4739 07/14/ f6 OB:56 tt224 P.002/003 Rezoning Comments Frederick County Fire Marshal Mail to: }land 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, >iict::anajys[s; and. any, other: pertinent,�nformation, Applicants Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-4185 Winchester, VA 22602 Location of property: Lot 5 is located on the north side of Commonwealth Court (Rt .1167); approxirnalely 500' east of the intersection with Valley Pike (US Route 11 South). Current zoning: 83 District Zoning requested: B2 District _ Acreage: 1.21+/-Ac Fire Marshal's Comments: *1&1h Fire Marshal's Signature & Date: Notice to Fire Marshal - Please Return This Form to the Applicant 22 Feom:5406784739 07/14/106 06:57 dt224 P.003/003 Frederick County SCANNF,-0 Department of Fire and Rescue Office of the Fire Marshal 1080 Coversrone Drive Winchester, VA 22602 (540) 665-6350 Fax: (540) 678-4739 Entail: fmo@fcva-us Plan Review & Comments Date Received 7/8/2016 Plan/Permit Type Name Mosaic Bible Church Address 161 Commonwealth CT Project Name Applicant Name & Number RE# Permit Number Date Reviewed 7/12/2016 Rezoning Application 7-8-16 Winchester VA 22602 Rezoning Application 7-8-16 Greenway Engineering 540-662.4185 Emergency Vehicle Access: Adequate Inadequate N/ Hydrant Location: Adequate Inadequate �1/A Siamese Location: Adequate Inadequate Fire Lanes Required: Yes No Plan Approval Status Approve Comments Signatur6. Reviewed By: Kenneth Scott, Jr. Title: :T — - 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 other pertinent information. Applicant's Natne: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Telephone: 540-662-4185 Winchester, VA 22602 Location of property: Lot 5 is located on the north side of Commonwealth Court (Rt 1167); approximately 500' east of the intersection with Valley Pike (US Route 11 South) Current 'Lolling: B3 District Zoning requested: B2 District Acreage: 1.21+/-Ac Winchester Regional Airport's Comments: Proposed rezoning is compatible with airport operations Winchester Regional Airport's aoa<ny Ogg ed.ys"-M—I ON m Sa m Manurl, o•5'h Khater Rc —31 ,p 1 Avd—ty--Ah{ 11. Serena Manuel Signature & Date: 1)"'.. 16MI,M2305 aoa`•us Notice to Winchester Regional Airport - Please Return Form to Applicant 30 IMPACT ANALYSIS STATEMENT MOSAIC BIBLE CHURCH COMMONWEALTH BUSINESS CENTER - LOT 5 Back Creek Magisterial District Frederick County, Virginia TM 75-A-91 E June 24, 2016 Current Owner: Executive Protection Systems, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering E June 24, 2016 Mosaic Bible Church Rezoning MOSAIC BIBLE CHURCH IMPACT ANALYSIS STATEMENT INTRODUCTION This repoI't has been prepared for the pU1-pOSC 01 assessing the impact Oil Fredrick COL1I1ty by the proffered rezoning of a 1.21±-acre subject property currently owned by Executive Protective Systems, LLC, and identified as Tax Map Parcel 75-A-91E. The subject property is located in the Commonwealth Business Center (Lot 5) on the north side of Commonwealth Court (Rt. 1167). Tax Map Parcel 75-A-91 E is currently zoned B-3, Industrial Transition District and is developed as an office facility with showroom and COIIStRICt1011 contractor storage area. Mosaic Bible Church (the Applicant) proposes to rezone the 1.21±-acre subject property to I3-2, Business General District with pl'011e1'S t0 L1tiliZe the existing facility as a church without daycare or school accessory use. Basic information Location: Fronting oil the north side ol� Coil monwealth C011rt (Rt. 1167), approximately 500' east of Valley Pike (US Route 1 I South). Magisterial District: Back Creek District Property ID Numbers: 75-A-91 E Current Zoning: 13-3, Industrial Transition District Current Use: Proposed Zoning: Proposed Use: Total Rezoning Area: Office and Construction Contractor Storage Facility 13-2, BLISlness General District with PrOIIerS Church without Daycare or School Accessory Use 1.21±-acres with Proffers for the Subject Properly File #2530M Impact StmemenUFAW Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial and InStitLItional land use development is encouraged in the County. The 1.21±-acre subject property is currently located within the UDA; therefore, expansion Of the UDA boundary to accommodate the proposed development OI the ChUPCh facility Without daycare and school accessory 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 1.21±-acre subject property is currently located within the SWSA; therefore, expansion of the SWSA bOUndary to accommodate the proposed development Of the church Facility Without daycare and school accessory use is not required for this rezoning application. Comprehensive Plan Conformity The 1.21±-acre Subject property is located in the UDA and the SWSA and is within the study area boundary of the Southern Frederick Land Use Plan, which was adopted by the Board of Supervisors On July 14, 2011. The Southern Frederick Land Use Plan Is a large -area plan that Identifies land Uses, transportation networks, and Other matters that are recommended for coIlsideration for ILltUrC land LISe and development within this geographic area Of the COLlnty. The 1.21±-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. SUITABILITY OF THE SITE Access The 1.21±-acre Subject property is located on the north side of Commonwealth Court (Rt. 1167), approximately 500 feet cast of Valley Pike (U.S. Route 1 I South). Access to the Subject property is accommodated from existing commercial entrances along Commonwealth Court. Therefore, the proposed development Of' the church facility without daycare and school accessory use Will not require new entrances to be constructed for access to the subject property. File II2530M Impact Statement/FAW 3 Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning Flood Plains The 1.21±-acre subject property does not contain areas of floodplain as demonstrated on FEMA NFIP Map #51069CO214D, Effective Date September- 2, 2009; as Well as information 1'rom the Frederick County GIS Database. The 1.21±-acre SLlblect 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 1.21±-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: 6C Carbo-Oaklet Silt Loams, Very Rocky 2-15% slope The Carbo-Oaklet Silt Loam is not identified as a prime agricultural soil and has high shrink/swell properties. The Subject property is Currently developed as an office facility with C011StrLIC0011 contractor Storage area and will 110t I-CClLlire expansion t0 accommodate the church facility without daycare and School acceSS01'y Use. Other Environmental Features The 1.21±-acre Subject property does not contain areas of sleep 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. However, the Subject property is Currently developed as an office facility with Construction contractor storage area and will not require expansion to accommodate the Ch111'Ch IaCihty Without Claycare and school accessory use. SURROUNDING PROPERTIES Adjoining property zoning and present usC: North: M-2, Industrial General District Use: H.P. Hood B-2, Business General District South: B-2, Business General District Use: Camping World B-3, Industrial Transition District Car Quest Distribution File 112530M Impact StatemenUFAW a 0 Greenway Fngineering June 24, 2016 East: B-3, Industrial Transition District West: 13-3, Industrial Transition District TRANSPORTATION Mosaic Bible Church Rezoning Use: Ultimate Automotive Group Use: Unimproved The 1.21±-acre subject property is Currently improved as all Olf7icc, showroom and Storage facility with existing commercial entrance access from Comill oil weal th Court (Rt. 1167). The rezoning Of the Subject property from the B-3, Industrial Transition District to the B-2, Business General District, is intended to allow for the existing facility to be utilized as a church facility without daycare and school accessory use. The Applicant (Mosaic Bible Church) will utilize the property for Church services on Sundays between 9:00 AM — 1:00 PM and anticipates that there will minor Use Of the laCllity office with limited church membership during the week. The Applicant has advised that the traffic volume for their membership is approximately 50 Vehicle trips oil Sundays and that this VOIL1111C iS not anticipated t0 Significantly increase as a result of acquiring the 1.21± acre Subject property. The ITE Trip Generation Manual, 9t11 Edition identifies all average vehicle rate of 0.61 vehicle trips per seat during Sunday Peak Hour Generation. Therefore, assuming a congregation of' 100 members would create a range of 50-61 vehicle trips during the Sunday Peak Hour based on the information provided by the Applicant and by the ITE Trip Generation Mallllal. Greenway Engineering diet with the County Transportation Planning Director to diSCLISS the intended use Of the property; as well as other potential land LISCS that COUId OCCLII' WIth1I1 the B-2, Business General District that are not already permitted by the Current zoning Of the Subject property. Based on this disCLISSI011, the 1)1'01)OSCCI Proffer Statement restricts C111.11-Ch facilities from providing daycare Service and private school Service 011 the SUb'ject property, and restricts general daycare facilities and general merchandise stores (SIC 53) as land uses within the B-2, Business General District as a condition of rezoning approval. Greenway Engineering has C011CILICted a comparative analysis Of land LISCS within the B-2 District that are Otherwise ilot permitted in the B-3 District and does not believe that these land uses would impact the existing transportation network. Commonwealth COLi1-t (Rt. 1 167) IS a State maintained road with separated right and left turn lanes at a signalized intersection with Valley Pike (US IZoute 11). The existing transportation network provides adequate Storage capacity at the intersection and allows for protected left turn movements for traffic on Valley Pike and Commonwealth Court. The proposed rezoning application will result in a significant reduction of' traffic generation Ifr0111 the Subject property that is projected at 235 VPD Weekday Peak Hour Generation volume based on the ITE Trip Generation Manual. The proposed church facility is projected at 50-61 VPD Peak I-IOLlr Generation Volume based on information from the ITE Trip Generation Manual; therefore, the proposed rezoning application I'CSLIItS ill a redLICtI011 01 174 VPD and will not impact the transportation network during the Weekday and Saturday Peak Idle #2530M Impact SlalemenUFAW 5 Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning HOUrs. The proffered Ind LISC rCStrlctionS mitigate potential impacts to the transportation network in the I'LIturC SlloLlld the Subject property be utilized as a different land use; therefore, the proposed rezoning application does not negatively impact the transportation Iletwork. SEWAGE CONVEYANCE AND TREATMENT The 1.21±-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 and serves the existing facility with public sewer. The subject property has been improved with an 8-Inch gravity sewer line that directs sewer effluent to the Hoge RLIII Sewer Interceptor main, which transmits sewer C11LICllt to the Parkins Mill Treatment Facility. Based oil comparable discharge patterns, the Frederick County Sanitation Authority (FCSA) has determined that 75 gallons/day per 1,000 square ICCt of commercial developmeIt Is all appropriate calCI-dation for estimating the sewer demand for commercial land uses. Q = 75 gallons/day/acre per 1,000 sgUare feet commercial Q = 75 GPD x 1.5.875 (15,875 sq.ft./1,000 sq.ft.) Q= 1,190GPI) TOTAL: Q = 1,190 GPI) projected sewer demand The proposed church facility without daycare and school accessory use is anticipated to require less sewer demand than the existing facility based on the limited use of' the existing facility that will occur primarily on Sundays between 9:00 AM — 1:00 PM and limited office use by church representatives CILII-illg the week. Therefore, the rezoning request will not create a negative impact for Sewer demand associated with the subject property. WATER SUPPLY The 1.21±-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 serves the existing facility with public water. The subject property has been improved with a 12-inch water fine that IS looped t0 connect with a 20-inch water line near the northern boundary of the subject property. Based Oil comparable discharge patterns, the Frederick County Sanitation Authority (FCSA) has determined that 75 gallons/day per 1,000 square feet Of commercial development is an appropriate calculation for estimating the water demand for commercial land Uses. File 112530M impact Statement/GAW 6 Greenway Engineering June 24, 2016 Mosaic Ilihle Church Rezoning Q = 75 gallons/day/acre per 1,000 Square feet commercial Q = 75 GPI) x 15.875 (15,875 sq.11/1,000 sq. ft.) Q= 1,Igo GI'D TOTAL: Q = 1,190 GPD projected water demand The proposed church facility Without daycare and School accessory use is anticipated to regllil'C less Water demand than the existing facility based On the limited use of the existing facility that will occur primarily on Sundays between 9:00 AM — 1:00 PM and limited office use by church representatives dlll'ing the Week. The existing Water infrastrUCtUrC provides adequate supply and pressure to the existing facility; therefore, the rezoning request will not create a negative impact for water demand associated with the subject property. SITE DRAINAGE The topographic relief' on the 1.21±-acre Subject property generally follows a south to north pattern, Which directs drainage from the front OI the real-. The approved Site development plan for the Subject site Was designed t0 direct Stormwater t0 the west and theil drain to a facility in the northwest corner Of the subject property. The Subject property is Currently developed as an Office facility Witll showroom and C0i1StrLICti011 contractor Storage area and will not require expansion of the stormwater management facility to accommodate the church facility Without daycare and school accessory use. Therefore, site dI'ainage and Stormwater Management impacts to adjoilling properties and the C01111111.Iility have beeil mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the 1.21± Subject Site can be projected from all average allllLlal commercial COnSLIIllpti011 of 5.4 CL1bic yards per 1,000 square feet Of Structural area (Civil Engineering Reference Manual, 411i edition). The subject Property is Currently developed as ail office facility With C011StrUCtl0I1 Contractor storage area that is 15,875 Square feet in gross floor area. Therefore, solid waste disposal impacts are based on the following figures that provide the increase in average annual solid waste volume based on the existing land use: AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial AAV = 5.4 cu. yd. X 15.875 (1,000 sq. ft.) AAV = 85.7 Cu. yd., or 60.0 tons/yr. The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The existing land use has the potential to generate approximately 60 tons of solid waste annually on average. This represents a 0.03% increase Pile H2530M Impact Statement/1?AW 7 (ireenway Engineering June 24, 2016 Mosaic Bible Church Rezoning in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. The proposed church facility Without daycare and School accCSSOI'y IISC Will reSUlt in a signiflcaIltly IOWCh V0111I11C Of Soiled waste generation than the projected Volume due to the frequency 0f use of the subject property. The Regional Landfill has adCClUate Capacity t0 accommodate the Solid waste impacts associated with this rezoning proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify StrIICLl1I"CS deemed to be historically significant oil the 1.21±-acre Subject property, nor does the Survey Identify properties Within proximity Of this site that are deemed potentially significant. The National Park Service Study 01' Civil War Sites in the Shenandoah Valley identifies the 1.21±-acre Subject property as beiIlg located within the proximity OI the Second Kernstown SLUdy area boundary; however, the Subject property is located outside of the defined core battlefield area and is also defined as having lost integrity due to existing development patterns. Therefore, the pl'Ol)OSCCI ChUI'Ch facility Without daycare and School accesS01'y Use Will not create negative impacts associated with historic resources. OTHER POTENTIAL IMPACTS The redevelopment of the 1.21±-acre subject property for the proposed church facility Without daycare and school accessory use will result in less impacts t0 the COUilty than the existing office facility with showroom and Construction contractor storage area. In recognition of fire and rescue Services, the Proffer Statement provides a $500.00 monetary contribution for the existing facility. There are no Other potential Impacts associated With the 1.21±-acre Subject property above those discussed in this Impact Analysis Statement. Idle #2530M Impact StatemenUliAW 8 y �~s WINCHESTER j \. SITE �p \ / COMMONWEALTH CT Uj 5 Y 1 ' LOCATION MAP ZW r z z a w Q u4 O U -�+ w Z Z Z COMFn IMON O Uj WEAL-TH,C.T = m O 0 U =JQ m W O m ; Q U z U uQi i OJ — —\ O i O U Legend W Commonwealth Bus,ness renter h m Parcel Boundary J Q 2 Frederick County Zoning z w 2 g O F B2 (Buvness General Dstret; N Z 06A. B3 IBuvness Irlaustnal Tr—,,t -, U,s - U 2 j 2 to Z K M1 (lndustnal. Light U,s:r ~� Z ON U,Z 2 N O O m` / M2 lndustnal, General U,stncf i � U RP Revdenhal Perio•m ante Dis!n<t m F 0 le U - _ v U 3 U cr U O g Feet PAP O f OJ U LL 5 f p WD IJ.Y Sa:rw F­ Go.nh va GIS GeDaM1nery T�'6 paU r rs,^ eh F �h Z '_ LLI O �M a �^ COMMONW (,TH. Z W i fA GT /• S Z U U) cam, J,r j :AU) eh � LLJJ JIJ IJ m W W Cn Q O W t7 y1 9qq WINCHESTER O Q O It tos>Md Commonwealth Business Center, Lot S n a �. 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PANEL 214 OF 375 (SEE YAP INDEX FOR FIRM PMfEL LAYOUT) nnenor .wm a.. o 4qy O I, I© u 37 COMMO Nw �cr CDSI * MAPNUMBER D69CO2140 EFFECTIVE n 1I Fcdml Evcrgcaq �4a.2emrnlA�cory PnY $ "ET ter" c� � a 39°07'30" c` b1 743000 JOINS PANEL 0330 7420CD M 78°11'15' m. a .� mer co i a . eaaa, d.ne .ewe �e,."cea eooa m.> e o-.c:ee wma F-AtT � Weato�-t,�w. , Ivn Oven m.Ce .,G.eprM to me Ertv m !Ix tl. dock- Fa L•q IrteeIt'l'a,m. .Oo,<tyOonal FIooC L+.vrvice P,y,�.m too0 maw chock — 1R F EMn Flocp Mao $Iqe at wrcn.m.clwna.�w O Z x Second Kennatown 9s p'`� �RF �r✓ W i s W� pR K NO Adams, Memel House J SRC p l x Z Z �Pyar S�PO �T O U Q 0 Z POp = mHQ U =Ow J a,{ �.� UJ J U aw h (A p_Jp W a"Q U Z (n nn 0 _ O i 647 i O Leuen COMMOMOSIth Center, Lot 5 0 Parcel Boundary 0 C U o Q+ �Qz Rural Landmark Z w m U Z O�\ (C1 4 Z Q Q a W W W J Ix�rJ c t Cemetery LU U w > CW War Camp U U)i K w} (rw:3 }=Xi Crvtl War Fort = z W U Z g ®]4-726 HIIlandaN O O Civil War Battlefield J GoL) Y Second Kernslown 00 < O w Fr U _ N W ~_ U, U,A U U c ROCO OyM Y w cr FRS �se<� sax Feet O 2 U U.T,yp O Q i� R 600 0 600 U � o W, DIY Souro F� Cant'. VI CAS Dq "wt. 2016 Dab 0 120008859 w w SPECIAL WARRANTY DEED Actual consideration $786,838.36 Frederick County Tax Map No. 75-A-91 E 1,ss a.,*,x 1, d7o,3oo it 'I'HIS DEED, made this 17th day of August 2012 by and between H & G HOLDINGS, LLC, a Virginia limited liability company, GRANTOR and EXECUTIVE PROTECTION SYSTEMS, LLC, a Virginia limited liability company, GRANTEE. WITNESSETIi: That for and in consideration of the sum of Seven Hundred Eighty Four Thousand Six Hundred Twenty and 42/100 Dollars ($784,6�0.42) cash in hand paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged, the Grantor hereby grants and conveys with Special Warranty of Title unto said EXECUTIVE PROTECTION SYSTEMS, LLC, Grantee, in fee simple, the following described property: All of that certain lot or parcel of land, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia containing 1.2180 acres and more particularly described and designated as Lot 5, Commonwealth Business Center, on the Boundary Line Adjustment Plat, dated September 29, 1999, drawn by Douglas C. Legge, L.S., of Icord in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 950, at Page 705; the same property conveyed to M,G. Prelip Properties, LLC, Michael G. Prelip and Amy Prelip, husband and wife, by Deed dated October 15, 1999, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, of record in the aforesaid Clerk's office in Deed Book 950, at Page 704; and being the same property conveyed to Grantor by Deed dated September 29, 2009 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, of record in the aforesaid Clerk's office as instrument number 090010833. 14099473.1 WITNESS the following signature and seal. H & G HOLDINGS, LLC By: C Darla Guevremont Member and Authorized Person State of Virginia County of Frederick, to wit: The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this qO of August, 2012 by Darla Guevremont, Member and Authorized Person of H&G Holdings, LLC. w d �uul L, My commission expires: 9 • trn o L .k,rry •SEAL = Notaryublic '�,'Lfj R�1N! • '�U �.` Notary Registration H Grantee's Address: 161 Commonwealth Ct. Winchester, VA 22602 This instrument of wriun; i,roduced to me u-� and with coo tihctuc aci,no%ovdi anent thereto annexed was admitted to Iccord. Tax inlpused by Sea 58.1-802 of $ 15 90.5 and 58.1-801 have been paid, if assessable. 14049471.1 U 0 BK95OPG0104 THIS DEED, made and dated this 1S-1-V,— day of October, 1999, by and between DAVID B. HOLLIDAY, party of the first part, herein called the Grantor, and M. G. PRELIP PROPERTIES. L.L.C., a Virginia limited liability company, party of the second part, herein called the Grantee. WITNESSETH: That for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby grants and conveys, with General Warranty and English covenants of title unto the Grantee, in fee simple, all the following described real property: All of that certain lot or parcel of land, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, containing 1.2180 acres and more particularly described and designated as Lot 5, Commonwealth Business Center, on the Boundary Line Adjustment Plat, dated September 29, 1999, drawn by Douglas G. Legge, L.S., attached hereto and made a part hereof by this reference; and being a portion of the property conveyed to the Grantor herein by Deed dated June 10, 1999, from Marshall National Bank and Trust Company, Trustee, of record in the aforesaid Clerk's Office in Deed Book 939, at page 562. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signature and seal: (SEAL) DAVID B. - L -- STATE OF VIRGINIA, CITY -OF WINCHESTER, to -wit: Acknowledged before me this /M day of October, 1999, by David B. Holliday. My commission expires: �fi vt�- poi o?oo/ �1GQ.�"---- ublic 0 • .0 m bKgw'G01 05 J BOS PTA 04, I 'AmuMAP TM 2000 G APPROVED BY SUBDfVISION ADMINISTRATOR `�`� DATE OWNER'S CONSENT THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT BETWEEN LOT 4 AND LOT 5, COMMONWEALTH BUSINESS CENTER, IN THE NAME OF OAVID B. HOLLIDAY, AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. NOTARY PUBLIC STATE OF AT LARGE CITY/ A N0 RY PUBLIC IN AND FOR THE STATE AND JURISDICTION AFORESAID, DO CERTIFY THAT Lxc�� �� —� WHOSE NAME IS SIGNED TO THE FOREGOING OJVNER'S CONSENT, HAS ACKN0141EDGED THE SAME BEFORE ME IN MY STATE AND JURISDICTION AFORESAID, GIVEN UNDER MY HAND THIS DAY OF• MY COMMISSION EXPIRES SURVEYOR'S CER 71FICA TE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT IS A PORTION OF THE LAND CONVEYED TO DAWD B. HOLLIDAY BY DEED DATED 10 JUNE 1999, FURTHER DESIGNATED AS LOT 4 AND LOT 5, COMMONWEALTH BUSINESS CENTER, DEED OF DEDICATION DATED 21 JULY 1999, SAID DEEDS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK 939 AT PAGE 562 AND DEED BOOK 942 AT PACE 118Z RESPECTIVELY. P.I.N. 75-((A))-91D p' ZONED: B-3 DO GLAS . LEGGE, L.S. USE: BUSINESS P.I.N. 75-((A))-91E FINAL PLAT ZONED: B-3 USE: BUSINESS BOUNDARY LINE ADJUSTMENT TH OP LOT 4 and LOT 5 off ' Gt� COMMONWEALTH DU51NE55 CENTER BACK CREEK MAi33;STERIAL DISTRICT U ID0662 FREDERICK COUNTY. VIRGINIA LE DATE'. 29 SEPTEMOER 1990 COVER SHEET SHEET 1 OF 2 No. q"�' ASH & �LEGGE �/" 9 p4 rand Surveyors, P.L.C. S URN 660 North Lo doun Street Wfncoeeter, V fRtnsa 22601 (540) 667-0468 Fax (540) 667-0469 • i '. �ry LOT 5 i 1.2180 ACRE5 04% A d� +. / /n. /q5 EX.�FCSAINM\11 \ PUMP STATION C2\ EASEMENT EX. 25' DRAINAGE EASEMENT 00 942 — P 1192 g950°G0106 LOT 4 \ 3,93 O ACRE5 `off,aa to Iry LOT 3 NOTES 1. NO TITLE REPORT FURNISHED. 2 NOT SHOWN ONMAY THIS PLATAT ARE J. IRON RODS FOUND OR SET AT ALL PROPERTY CORNERS. 4. ORL DENOTES BUILDING RESTRICTION LINE. AREA SUMMARY ADJ. AREA ORIG. AREA LOT 4 3.9346 AC. 4.1526 AC. LOT 5 1,2180 AC. 1.0000 AC. 0 5o 100 200 5,1526 AC. 5.1526 AC. Graphic Scale In Feet FINAL PLAT 11`100' BOUNDARY LINE ADJUSTMENT TH ply, LOT 4 and LOT 5 Grp, COMMONWEALTH BU51NE55 CENTER BACK CREEK MAGISTERIAL DISTRICT / ID0862 FREDERICK COUNTY, VIRGINIA DATE: 29 SEPTEMBER 1999 SCALE 1'-100' SHEET 2 OF 2 No.001197 I MmisH & ILEGGE Oh Land Surveyors, P.L.C. I 1560 North Laudoun Street W, vulk fa 22601 I (540) 667-0468 Fax (54 667-W69 EX.�FCSAINM\11 \ PUMP STATION C2\ EASEMENT EX. 25' DRAINAGE EASEMENT 00 942 — P 1192 g950°G0106 LOT 4 \ 3,93 O ACRE5 `off,aa to Iry LOT 3 NOTES 1. NO TITLE REPORT FURNISHED. 2 NOT SHOWN ONMAY THIS PLATAT ARE J. IRON RODS FOUND OR SET AT ALL PROPERTY CORNERS. 4. ORL DENOTES BUILDING RESTRICTION LINE. AREA SUMMARY ADJ. AREA ORIG. AREA LOT 4 3.9346 AC. 4.1526 AC. LOT 5 1,2180 AC. 1.0000 AC. 0 5o 100 200 5,1526 AC. 5.1526 AC. Graphic Scale In Feet FINAL PLAT 11`100' BOUNDARY LINE ADJUSTMENT TH ply, LOT 4 and LOT 5 Grp, COMMONWEALTH BU51NE55 CENTER BACK CREEK MAGISTERIAL DISTRICT / ID0862 FREDERICK COUNTY, VIRGINIA DATE: 29 SEPTEMBER 1999 SCALE 1'-100' SHEET 2 OF 2 No.001197 I MmisH & ILEGGE Oh Land Surveyors, P.L.C. I 1560 North Laudoun Street W, vulk fa 22601 I (540) 667-0468 Fax (54 667-W69 L_ DK950PGO101 VIRGINIA:1:RWERICK CUUNW.SCf'. This instrument of writingwas produced to me on at and with certificate acknowledgement the eto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $�SO _, and 58.1-801 have been paid, if assessable. 4r-t A7v� 'Clerk Untitled Page littps:Htaxes.co.f,eok.va.us/applications/TR_payT,ixes/REDetail.aspx Frederick CountyLIFEAr rxE roP Pay/Lookup Taxes Payment Horne Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Prevlous 2016 REAL ESTATE Dept[licketll RE2016/ 114070001 Frequency 1 Supplernentii 0 Narne EXECUTIVE PROTECTION SYSTEMS LD Mapll 75 A 91E Accounitl 8038734 Name 2 hill Date 06/05/2016 Acreage 1.210 Address 161 COMMONWEALTH CT Due Dale 06/06/2016 Improvements S1,327,500.00 WINCHESTER VA Desc LOTS COMMONWEALTH BUSINES Land Value S402,900.00 1,21 ACRES Land Use $0.00 Zip 22602 5322 Minerals S0.00 Penally Paid S0.00 lnleresl Paid $0.00 Last Transaction Date 05/26/2016 Current Payntenl Status Original Bill Paynten(s Principal Balance Due Penally Interest Balance Due S5,191.20 ($5,191.20) $0.00 $0.00 $0.00 S0.00 Transaction History Date 1)pc 'IYansaclionil Amount Iialance 6/5/2016 Charge 0 $5,191.20 $5,191.20 5/25/2016 Principal Paid 99213 ($5,191.20) 50.00 Previous of I S/ 11 /2016 4.29 PM r t) 120008859 w SPECIAL WARRANTY DEED Actual consideration $786,838.36 Frederick County Tax Map No. 75-A-91 E Aoug - x 11 W0,3oo 26 THIS DEED, made this 17th day of August 2012 by and between H _& Q HOLDINGS, LLC, a Virginia limited liability company, GRANTOR and EXECUTIVE PROTECTION SYSTEMS, LLC, a Virginia limited liability company, GRANTEE. WITNESSETH: That for and in consideration of the sum of Seven Hundred Eighty Four Thousand Six Hundred Twenty and 42/100 Dollars ($784,90.42) cash in hand paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged, the Grantor hereby grants and conveys with Special Warranty of Title unto said EXECUTIVE PROTECTION SYSTEMS, LLC, Grantee, in fee simple, the following described property: 14099473.1 All of that certain lot or parcel of land, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia containing 1.2180 acres and more particularly described and designated as Lot 5, Commonwealth Business Center, on the Boundary Line Adjustment Plat, dated September 29, 1999, drawn by Douglas C. Legge, L.S., of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 950, at Page 705; the same property conveyed to M.G. Prelip Properties, LLC, Michael G. Prelip and Amy Prelip, husband and wife, by Deed dated October 15, 1999, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, of record in the aforesaid Clerk's office in Deed Book 950, at Page 704; and being the same property conveyed to Grantor by Deed dated September 29, 2009 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, of record In the aforesaid Clerk's office as instrument number 090010833. WITNESS the following signature And seal. 1-I & G HOLDINGS, LLC By: D,,-�� Darla Guevremont Member and Authorized Person State of Virginia County of Frederick, to wit: The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this q O of August, 2012 by Darla Guevremont, Member and Authorized Person of H&G Holdings, LLC. C� W O I111 Me aoi y commission expires: 3 O +' rn ' �SEAta .; R� �tr1�.• Notaryyqublic Notary Registration #( 39�� ��G Grantee's Address: 161 Commonwealth Ct. Winchester, VA 22602 v1RGINIA: t h._:: •:r. i r.:n . This instrument of x� riun-, ;produced tome and with ec•rtiirr,uc urk,na��r.•�:cment thereto annexed was admitted to record. Tux imlwsed by Sea 58.1-802 of $ 15 90P, and 58.1-801 have been paid, if assessable. Y �✓"' ,tea 14099473.1 • • BK950PGO104 THIS DEED, made and dated this _ 1S*_N _ day of October, 1999, by and between DAVID B. HOLLIDAY, party of the first part, herein called the Grantor, and M. G. PRELIP PROPERTIES, L.L.C., a Virginia limited liability company, party of the second part, herein called the Grantee. WITNESSETH: That for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby grants and conveys, with General Warranty and English covenants of title unto the Grantee, in fee simple, all the following real property: All of that certain lot or parcel of land, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, containing 1.2180 acres and more particularly described and designated as Lot 5, Commonwealth Business Center, on the Boundary Line Adjustment Plat, dated September 29, 1999, drawn by Douglas G. Legge, L.S., attached hereto and made a part hereof by this reference; and being a portion of the property conveyed to the Grantor herein by Deed dated June 10, 1999, from Marshall National Bank and Trust Company, Trustee, of record in the aforesaid Clerk's Office in Deed Book 939, at page 562. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signature and seal: (SEAL) DAVID B. - L 'E OF VIRGINIA, -OF WINCHESTER, to -wit: Acknowledged before me this IS-4- day of October, 1999, by David B. Holliday. My commission expires: 01A ,vt�- `-3Oi oZoo� 4' -- ublic U • f 9 BK950j'�0105 ) I =11TY MAP L ScuF I'-2DW U APPROVED BY SUBDIVISION ADMINISTRATOR DATE OWNER'S CONSENT THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT BETIVEEN LOT 4 AND LOT 5, COMMONWEALTH BUSINESS CENTER, IN THE NAME OF DAVID B. HOLLIDAY, AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. NOTARY PUBLIC STATE OF l AT LARGE CITY/ A NO RY PUBLIC IN AND FOR THE STATE AND JURISDICTION AFORESAID, DO CERTIFY TTIAT ' �� WHOSE NAME IS SIGNED TO THE FOREGOING OWNER'S CONSENT, HAS ACKNOWLEDGED THE SAME BEFORE ME IN MY STATE AND JURISDICTION AFORESAID, GIVEN UNDER MY HAND THIS ,11 f4j DAY OF• MY COMMISSION EXPIRES SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT IS A PORTION OF THE LAND CONVEYED TO DAVID B. HOLLIDAY BY DEED DATED 10 JUNE 1999, FURTHER DESIGNATED AS LOT 4 AND LOT 5, COMMONWEALTH BUSINESS CENTER, DEED OF DEDICATION DATED 21 JULY 1999, SAID DEEDS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK 939 AT PAGE 562 AND DEED BOOK 942 AT PAGE 1182, RESPECTIVELY. P.I.N. 75—((A))-91D cam' J , p' ZONED: B-3 DO GLAS . LEGGE, L.S. USE: BUSINESS P.I.N. 75—((A))-91E FINAL PLAT ZONED: B-3 USE. BUSINESS BOUNDARY LINE ADJUSTMENT ,TH of LOT 4• and LOT 5 o� Ltd COMMONWEALTH f3U51NE55 CENTER BACK CREEK MAGISTERIAL DISTRICT U ID0662 FREDERICK COUNTY. VIRGINIA LE DATE: 29 SEPTEMBER 1999 1 COVER SHEET SHEET 1 OF 2 "0.q"�' MARSH & ILEGGE Land Surveyors, P.L.C. SURv 560 North [oalam Street wtocheeter, V bzwW 22601 (640) 667-046a Fax (540) 667-0469 '- , a�. LOT 5 JbIj 1 1,2180 ACRES ems% I lb EX.�FCSAINM PUO\ MP 5TA710N C2 EASEMENT EX. 25' DRAINAGE EASEMENT DB 942 - P 1192 bit 950°G0106 a I v O LOT 4 3.9346 ACRE5 � 9 'l10ti� LOT 3 NOTES 1. NO 7ITLE REPORT FURNISHED. 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 3. IRON RODS FOUND OR SET AT ALL PROPERTY CORNERS. 4. ORL DENOTES BUILDING RESTRIC17ON LINE. 0 50 100 200 1.0 Graphic Scale In Feet 1 "-100' No. 001197 AREA SUMMARY ADJ. AREA ORIG, AREA LOT 4 3.9346 AC. 4.1526 AC. LOT 5 1.2180 AC. 1.0000 AC. 5.1526 AC. 5.1526 AC. FINAL PLAT BOUNDARY LINE ADJUSTMENT LOT 4 amA LOT 5 COMMONWEALTH BU51NE55 CENTER BACK CREEK MAGISTERIAL DISTRICT ID0862 FREDERICK COUNTY, VIRGINIA GATE: 29 SEPTEMBER 1999 SCALE: 1'-100' I SHEET 2 OF 2 MW SH & ILEGGE N C� Land Surveyors. P.L.C. A 560 Noah Loudoun Street wiochcter vtglnta 22601 I (540) 667-046B Fax (540) 667-W69 DK950PGO]01 VIRGINIA: FRFDF.R ICK COUNTY. SCI'. This instrument of writingwas produced to me on at and with cvruficate of acknowledgement the eto annexed was admitted to record. Tax imposed by Sec. 58.1.802 of j0 S_, and 58.1-801 have been paid, If assessable. 4,e4 441, , Clerk 0 i COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Pax: 540/ 665-6395 August 4, 2016 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for Mosaic Bible Church Property Identification Number (PIN): 75-A-91 E Dear Evan: I have had the opportunity to review the draft rezoning application for the Mosaic Bible Church property. This application seeks to rezone 1.21 acres from B3 (Industrial Transition) District with proffers to the B2 (General Business) District with proffers. Staffs review comments are listed below for your consideration. 1. Eastern Frederick County Long Range Land Use Plan. The site is within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows the area where this site is located with a bIISInesS/coil mercial use designation. The proposed B2 Zoning is a business use and is generally consistent with the Eastern Frederick County Long Range Land Use Plan as it relates to this area. 2. Proffer Statement - Uses. The proffer as worded only precludes the church from operating a daycare, not another entity that Is not affiliated with the church fi-om operating a daycare. Also, the desire to eliminate this is unclear — the B2 would allow for higher traffic generating uses that would still be permitted with this rezoning (restaurant, retail, etc). 3. Proffer Statement — Site Development. The need for the second part of proffer B I is unclear, any alterations or site improvements would trigger an updated site plan. This proffer should be modified to remove items already required by the Zoning OrdinaIlce. 4. Agency Comments. Please provide appropriate agency commeIts from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Sanitation Authority, the local Fire and Rescue Company, the County Attorney and the Frederick -Winchester Service Authority. Page 2 Mr. Evan Wyatt RE: Mosaic Bible Church August 4, 2016 5. Fees. Bascd on the fees adopted by the Board ol' Supervisors on April 23, 2008, the rezoning fee for this application includes a $5000.00 base fee plus $100.00 per acre. 6. Special Limited Power of Attorney. Please have the property owners complete the special limited power of attorney form which £lLltll0l-iZCS YOU t0 I'Cpl'CSCIIt tl1CIII dLll'Illg the application process. All of the above comments and reviewing agency comments ShOLlld be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with gLICStIOIIS regarding this application. Sincerely, /, 5 - Candice Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 0 151 Windy Hill Lane Winchester, VA 22602 ENGINEERING June 24, 2016 Frederick County Planning Department Attn: John Bishop, Director of Transportation 107 North Kent Street Winchester, VA 22601 RE: Mosaic Bible Church Rezoning — 2 Traffic Impact Analysis Waiver Request Dear John, Greenway Engineering has been retained by Mosaic Bible Church to prepare a Rezoning Application for Commonwealth Business Center Lot 5, identified as Tax Map Parcel 75-A-91 E. This parcel is located at 161 Commonwealth Court in the Back Creek Magisterial District, is approximately 1.2± acres in area, and is currently improved as an office, showroom and storage facility. This parcel is currently zoned B-3, Industrial Transition District and is proposed to be rezoned to the B-2, Business General District, which allows church facilities as a by -right land use. Mosaic Bible Church has entered into an agreement with the Commonwealth Business Center Lot 5 property owner to acquire the 1.2± acre subject property to utilize the existing facility as a church without. daycare or private school services. Greenway Engineering and a representative of Mosaic Bible Church have met. with the County Building Official to determine internal improvements required for the facility to obtain a change of use permit should the Rezoning Application be approved by the County. Mosaic Bible Church will utilize the property for church services on Sundays between 9:00 AM — 1:00 PM and anticipates that there will minor use of the facility office with limited membership during the week. Mosaic Bible Church has advised that the traffic volume for their membership is approximately 50 vehicle trips on Sundays and that this volume is not anticipated to significantly increase as a result of acquiring the 1.2± acre subject property. The ITE Trip Generation Manual, 91h Edition identifies an average vehicle rate of 0.61 vehicle trips per seat during Sunday Peak Hour Generation. Therefore, assuming a congregation of 100 members would create a range of 50-61 vehicle trips during the Sunday Peak Hour based on the information provided by Mosaic Bible Church and by the ITE Trip Generation Manual. The Proffer Statement for Mosaic Bible Church will restrict daycare facilities and general merchandise stores (SIC 53) as land uses within the B-2, Business General District as a condition of rezoning approval. Greenway Engineering has conducted a comparative analysis of land uses within the B-2 District that are otherwise not permitted in the B-3 District and does not believe that these land uses would impact the existing transportation network. Commonwealth Court is a state maintained road with separated right and left turn lanes at a signalized intersection with Project 02530MBAW Engineers Surveyors Planners � nvironmewal Scientisus Laboratory 6 24 16 Telephone 5,10-662-4185 lax 540-722-9528 mm.grecnwayeng.coIII r • 0 Valley Pike. The existing transportation network provides adequate storage capacity at the intersection and allows for protected left turn movements for traffic on Valley Pike and Commonwealth Court. Greenway Engineering is requesting that you allow for the waiver of a Traffic Impact Analysis (TIA) for the proposed rezoning application based on the following: ➢ The existing office/showroom/storage facility has an average 235 VPD Weekday Peak Hour Generation volume based on the ITE Trip Generation Manual. ➢ The proposed church facility results in an average of 50-61 VPD Peak Hour Generation volume based on information from Mosaic Bible Church and the ITE Trip Generation Manual. ➢ The proposed rezoning application results in a reduction of 174 VPD and will not impact the transportation network during the Weekday and Saturday Peak Hours. ➢ The proffered land use restrictions mitigate potential impacts to the transportation network in the future should the subject property be utilized as a different land use. ➢ The existing transportation network is developed with a signalized intersection at Valley Avenue and Commonwealth Court with separate left and right turn lanes. ➢ The existing transportation network provides adequate storage capacity at the intersection and allows for protected left turn movements. Please find attached Mosaic Bible Church Rezoning Aerial Overview Exhibit dated May 16, 2016 that identifies the 1.2± acre subject property owned by Executive Protection Systems, LLC, and information from the ITE Trip Generation Manual, 9"' Edition. Please review this information and Contact nlC if you have any questions. If not, I Would request your determination for waiver of the TIA at your earliest possible convenience. Sincerely, Evan Zatt, Direct& of Land Planning Greenway Engineering, Inc. Cc: Will Stone, Mosaic Bible Church Project #2530WCAW 7 6-24-16 LLI 40 j tti. R -J. J WIN �pM *H CT ^ Legend Commonwealth Business Center. Lot S ., Parcel Boundary Feet ^ 100 0 100 W (D W N U W � �• W W Z > U j W •i �� _ J J J W J Q y m Q W 04.b .:' _ w. m 3 Q �r , 2 "�. 2 O U 1� o 1 ' 1 aw c_nzy '1 N Z U a w W U W Q Q s U 0 Q V G f u� a D' w Q Z w ' . ) p y 5 s a o m R t U . Sm— F— C—y w as D.Pam.«.). 2016 Data. xo+s a 01 Prot. CouMt cr VGW"Ta (htro IV—M w "W-8 VOMP201SNBMP2015_ wos) Church (560) Average Vehicle Trip Ends vs: Seats On a: Sunday, Peak Hour of Generator Number of Studies: 13 Average Number of Seats: 903 Directional Distribution: 50% entering, 50% exiting Trip Generation per Seat Average Rate Range of Rates Standard Deviation F __ 0.61 _ 0.21 - 1.14 0.81 Data Plot and Equation 1,900 1,800 1,700 1,600 1,500 1,400 i -a 1,300 i c u1 a 1,200 ~ 1,100 a) U t 1,000 lJ > 900 o� ° 800 a`> Q 700 n 1— 600 500 I 400 300 I 200 I 100 I' ' 0 t 0 1000 2000 30P x = Number of Seats Actual Data Points Average Rate Fitted Curve Equation: Not Given R2 = ... 1102 Trip Generation, 9th Edition • Institute of Transportation Engineers 0 0 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Wiiicliestcl VI1'gln►a 22602 TRANSMITTAL Proiect Name: Commonwealth Business Center - Lot 5 Revised Proffer File No: 2530M Date: Mon, Aug 15, 2016 To: FC Plamming Attu: Candice Perkins Copied Delivery: Fed Ex E] U.S. Mail Other [—__] Urgent For Your IZcvicw Hi Candice, From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 w' Courier [-] Pick Up As You Requested Please Comment Message Please hind attached the revised proffer with owner signature and notary that addresses the matter we discussed last week. Please let me know it' you need anything else at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: Olt ■ Candice Perkins From: Evan Wyatt <ewyatt@greenwayeng.com> Sent: Monday, August 29, 2016 2:15 PM To: Candice Perkins Subject: Fwd: Mosaic Bible Hi Candice, I posted the property this afternoon and am forwarding the photos for you project folder. Thanks, Evan Sent from my iPhone Begin forwarded message: From: Evan Wyatt <ewyatt(a,greenwayeng com> Date: August 29, 2016 at 2:10:29 PM EDT To: Evan Wyatt <ewyatt(&greenwayeng com> Subject: Mosaic Bible Forward to Candice 4 1 0 _ 10, - .*- . - �'ti " � it ;� 5 _ .y •' � ,L�a ✓ r , ( ''�� i � ,-� I 9 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 14, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION 09-16 FOR COMMONWEALTH BUSINESS CENTER LOT 5 On behalf' of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, September 28, 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 #09-16 for Commonwealth Business Center Lot 5 submitted by Greenway Engineering, Inc., to rezone 1.21 acres from the B3 (Industrial Transition) District to the B2 (General Business) District, with proffers. The property is located on the north side of Commonwealth Court (Route If 67) approximately 500' cast of the intersection with Valley Pike (US Route 1 1 South) in the Back Creek Magisterial District, and is identified by Property Identification Number 75-A-91 E. 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.f'cva.us. Sincerely, Cid t�'-r ins, AICP, CZA Assistant Director CEP/pd 107 North Kcnt Street, Suite 202 • Winchester, V►rg►nia 22601-5000 • This is to certify 01 I ILIII �, County, Virginia: that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick 75 -A- - 91-E EXECUTIVE PROTECTION SYSTEMS LLC 161 COMMONWEALTH CT WINCHESTER VA 22602.5322 63 - A- - 85. CQ LANDLORD MULTI LLC C/O LESLIE SHANAHAN SR PR TAX AC PARTS DISTRIBUTION LLC 2635 E MILLBROOK RD RALEIGH NC 27604.2988 63 - A- - 86-A H P HOOD INC 6 KIMBALL LN STE 400 LYNNFIELD MA 01940.2685 63 - A- - 86-B H P HOOD INC 6 KIMBALL LN STE 400 LYNNFIELD MA 01940.2685 75 -A- - 91-G UAG PROPERTIES LLC 16 W PALL MALL ST WINCHESTER VA 22601 75 -A- - 91-H BEAN PROPERTIES LLC PO BOX 3625 WINCHESTER VA 22604.2527 75 -A- - 91-1 MEGANET REALTY LLC 506 MIDDLESEX AVE COLONIA NJ 07067.3226 Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FR(EDERICK 1 I, �V"c�v��o �1k v 4)- � , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Ply nning and Development, whose name is signed to the foregoing, dated {� I y 114 has personally appeared before Ilse and acknowledged the same 1n my State and County aforesaid. GIVe11 Under my hand this W + day of S-� 12�C My commission expires on 6-Q-<.gnLNL [-en 3 1 , , --0 � -) 0ADE PL I C �vM354474 MONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DEC ER 31, 2017 Easy Peel® Labels Use Avery® Template 51610 .Feed Paper Bend along line to expose lop EdgeTM jtAVERY051610 75 -A- - 91-E EXECUTIVE PROTECTION SYSTEMS LLC 161.COMMONWEALTH CT WINCHESTER VA 22602.5322 75 -A- - 91-E EXECUTIVE PROTECTION SYSTEMS LLC 161 COMMONWEALTH CT WINCHESTER VA-22602.5322 75 -A, - 91-E EXECUTIVE PROTECTION SYSTEMS LLC 161 COMMONWEALTH CT WINCHESTE'k VA 22602.5322 75 -A- - 91•E EXECUTIVE PROTECTION SYSTEMS LLC 161 COMMONWEALTH CT WINCHESTER VA 22602.5322 ttiquettes faciles a peter ♦ i Repliez A la hachure afin de www.averycom Utilisez le gabarit AVERY® 51610 Sens de chargement ; rdv6ler le rebord Pop-upmc 1-800-GO-AVERY • • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 24, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #09-16 FOR COMMONWEALTH BUSINESS CENTER LOT 5 On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 7, 2016 at 7:00 p.m. in the Board Room of the Frederick County Administration Building it 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #09-16 for Commonwealth Business Center Lot 5 submitted by Greenway Engineering, Inc., to rezone 1.21 acres from the B3 (Industrial Transition) District to the B2 (General Business) District, with proffers. The property is located on the north side of Commonwealth Court (Route 1167) approximately 500' east of the intersection with Valley Pike (US Route 11 South) in the Back Creek Magisterial District, and is identified by Property Identification Number 75-A-91 E. 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 • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 NOTIFICATION OF PUBLIC HEARING August 24, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 1109-16 FOR COMMONWEALTH BUSINESS CENTER LOT 5 On behalf of the Frederick COullty Planning Commission, you are hereby notified of a public hearing being held On Wednesday, September 7, 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 #09-16 for Commonwealth Business Center Lot 5 submitted by Greenway Engineering, Inc., to rezone 1.21 acres from the B3 (h1CILlstrial Transition) District to the B2 (General Business) District, with proffers. The property is located on the north side of Commonwealth Court (Route 1 167) approximately 50W east of the intersection with Vallee Pike (US Route I 1 South) in the Back Creek Magisterial District, and is identified by Property Identification Number 75-A-91 E. 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. er is, MC , CZA Assistant Director CEP/pd 107 North Kent Sll'CCt, Suite 202 • Winchester, Virginia 22601-5000 0 This is to 1c/e -t'fy that the attached correspondence was mailed to the following on 8� - �6; f -om the Department of'Planning and Development, Frederick COL111ty, Virginia: 75 -A- - 91-E EXECUTIVE PROTECTION SYSTEMS LLC 161 COMMONWEALTH CT WINCHESTER VA 22602.5322 63 - A- - 85- CO LANDLORD MULTI LLC C/O LESLIE SHANAHAN SR PR TAX AC PARTS DISTRIBUTION LLC 2635 E MILLBROOK RD RALEIGH NC 27604.2988 63 - A- - 86-A H P HOOD INC 6 KIMBALL LN STE 400 LYNNFIELD MA 01940.2685 63 - A- - 86-B H P HOOD INC 6 KIMBALL LN STE 400 LYNNFIELD MA 01940.2685 75 -A- - 91-G UAG PROPERTIES LLC 16 W PALL MALL ST WINCHESTER VA 22601 STATE OF VIRGINIA 75 -A- - 91-H BEAN PROPERTIES LLC PO BOX 3625 WINCHESTER VA 22604.2527 75 -A- - 91-J MEGANET REALTY LLC 506 MIDDLESEX AVE COLONIA NJ 07067.3226 Candice E. Perkins, �IQ, CLA Assistant Director Frederick County Planning Dept. COUNTY OF FREDERICK I, ���' �o�o-P� a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Plain in J and Development, whose name is signed to the foregoing, dated L S a / (0 , has personally appeared before me and acknowledged the same in illy State an County aforesaid. G►Ve11 under my hand this -? / clay of �:cy� -�2 0 / (o My commission expires on LQ4, o NOTA Y PUBIMALRY OPUBLEC REGISTRATION H 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 y N DEPT. OF GEOGRAPHIC INFORMATION SYSTE FREDERICK COUNTY, VIRGINIA W E GIS, MAPPING, GRAPHICS WORK REQUEST S-/S-�c� DATE RECEIVED: REQUESTED COMPLETION DATE: REQUESTING AGENT. Department, Agency, or Company:_ Mailing and/or Billing Address: Telephont,. E-mail Address: ESTIMATED COST OF PROJECT: FAX: 8 -�?3 -/b DESCRIPTION OF REQUEST: (Write additional information on back of request) r, 7C� -.A �l E �Z�V� �] S -A -4 /r C3uS: u1S GCn�tl DIGITAL: _ PAPER: FAX: E-MAIL: SIZES: NUMBER OF COPIES: COLOR: BLACK/WHITE: STAFF MEMBER: HOURS REQUIRED._ COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) �l� curs * QQ—I (p C.�,M(Y1Cnl9•%�m�th (�.r�Q_,� C�r��Fr -15 -- A q I E • • MOSAIC BIBLE CHURCH REZONING Tax Map Number Owner Mailing Address City & State ZIP Acres 63 A 85 CO LANDLORD MULTI LLC, C/O LESLIE SHANAHAN SR PR TAX ACCT PARTS DISTRIBUTION LLC, 2635 E MILLBROOK RD RALEIGH, NC 27604 9.27 63 A 86A H P HOOD INC 6 KIMBALL LN STE 400 LYNNFIELD, MA 1940 74.09 63 A 86B H P HOOD INC 6 KIMBALL LN STE 400 LYNNFIELD, MA 1940 3.41 75 A 91E EXECUTIVE PROTECTION SYSTEMS LLC 161 COMMONWEALTH CT WINCHESTER, VA 22602 1.209 75 A 91G UAG PROPERTIES LLC 16 W PALL MALL ST WINCHESTER, VA 22601 1 75 A 91H BEAN PROPERTIES LLC PO BOX 3625 WINCHESTER, VA 22604 1 75 A 91J MEGANET REALTY LLC 506 MIDDLESEX AVE COLON IA, NI 7067 4.13 ADJOINING PROPERTIES LISTING COMMONWEALTH BUSINESS CENTER, LOT 5 SOURCE: FREDERICK COUNTY GIS, APRIL 2016 0 0 r� AUG 2 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 YOUR APPROVAL, PLEASE PROVIDE COMMENTS AS TO WHA T YOU WOULD LIKE TO HA VE COMPLETED. Initials Date & Time � Candice Mark Dave Tyler Mike John COMMENTS: L t / C) i �C Received by Clerical Staff (Date & Ti (S:Office on Blackbox\Forms\Document Approval Form —6/7/2016 ) • 0 0 GREENWAY ENGINEERING 151 Windy Hill Lane founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Commonwealth Business Center - Lot ; Rezoning Application File No: 2530M Date: Thu, Aug 11, 2016 To: FC Plannine 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 17 Other Urgent E For Your Review As You Requested Please Comment Message Hi Candice, Please find attached the information required for the rezoning application filing for Commonwealth Business Center - Lot 5 (Mosaic Bible Church). I have included an original set with signatures, and additional hardcopy and a CD with all digital files. Please review this information and advise me if you need anything else at this time. Thank you for scheduling this project for the September 7, 2016 Planning Commission Agenda. Thanks, Evan Hand Delivery and Pick 1 Ins Only : Received by: Date: Please Print Name: