The URL can be used to link to this page

Home My WebLink About07-19 Gentle Harvest LC - Shawnee - PIN 64-A-1C - B2 to B3 - Backfile6 0 REZONING TRACKING SHEET Chi,vk i .;Qt. Application Form Proffer Statement Impact Analysis Adjoiner List Fee & Sign Deposit ✓ Deed Plat/Survey Taxes Paid Statement�� a a I q File opened �� as Reference manual updated/number assigned ZZ) D-base updated 1 7 I � Copy of adjoiner list given to staff member for verification n ZZ I � Color location maps ordered from Mapping I) a Scan documents to Planning S: drive I ' I i1j\ (. Application Action Summary updated ' Scan additional items as needed (Project Planner to direct) f ( nn � �� Planning Commission Meeting ACTION: `�� (' l.00 1/ "Xu �d �2 I 1 Board of Supervisors Meeting ACTION: Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers } 13y Approval (or denial) letter mailed to applicant/copy to file and cc's ?� �C Reference manual updated D-base updated m d C) Scanning updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Sys ID # DAIT I 1 I l I-0 RECEIVED FROM ADDRESS FOR ACCOUNT HOW PAID 6 EGINNING CASH BALANCE �0 _ CIIE.CK 'MOUNT, BALANCr. MONEY DUB , ORDER RECEIPT 681457 5Llale— A Z � o -ARS $ -G7Mo , ()O , -lV BY U2001 REDIFORM. S1G57N-Cl COUNTY of IiREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 February 13, 2020 Lawson & Silek Thomas Moore Lawson P.O. Box 2740 Winchester, VA 22604 RE: REZONING #07-19 OF GENTLE HARVEST LC Dear Mr. Lawson: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on February 12, 2020. The Board denied the above referenced request to rezone 1204+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District witli proffers. The subject property is located at 120 Front Royal Pike and is identified by Property Identification Numbers 64-A-1C in the Shawnee Magisterial District. Section 165-102.04 of the Frederick County Zoning Ordinance requires a minimum period of 12 montlis to elapse before the consideration of another application for rezoning of' substantially the same land to the same zoning district designation. Please do not hesitate to contact this office ifyou have any questions regarding the denial of this rezoning application. Sincerely, Candice E. Perkins, AICP Assistant Director CEP/pd cc: Shawn L. Graber, Shawnee District Supervisor Lawrence Ambrogi and H. Paige Manuel, Shawnee District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue SAK Group, L.C., 8458 W. Main Street., Marshall, VA 20115 Halle Properties L.L.C., 20225 N. Scottsdale Rd, Scottsdale, AZ 85225 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 w i Pam Deeter To: Shawn Graber; Lawrence Ambrogi; H. Paige Manuel Subject: Rezoning 1107-19 Gentle Harvest Denial Attachments: Gentle Harvest LC 4tDenial.doc Good afternoon, Please find attached a denial letter from Ms. Perkins for the Rezoning #07-19 Gentle Harvest. If you have any questions, please contact Ms. Perkins Pam Deeter, Secretary II Dept. Planning & Development 107 N. Kent St. Suite 202 540-665-5651 pdeeter@fcva.us 0 • Pam Deeter From: Microsoft Outlook To: H. Paige Manuel Sent: Thursday, February 13, 2020 2:45 PM Subject: Relayed: Rezoning #07-19 Gentle Harvest Denial Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: H. Paige Manuel Lpmanuel@comcast.netj Subject: Rezoning #07-19 Gentle Harvest Denial Pam Deeter From: Microsoft Outlook To: Shawn Graber Sent: Thursday, February 13, 2020 2AS PM Subject: Delivered: Rezoning #07-19 Gentle Harvest Denial Your message has been delivered to the following recipients: Shawn Graber (shawn.graber(Wcva.us) Subject: Rezoning #07-19 Gentle Harvest Denial • 0 Pam Deeter From: Microsoft Outlook To: Lawrence Ambrogi Sent: Thursday, February 13, 2020 2:45 PM Subject: Relayed: Rezoning #07-19 Gentle Harvest Denial Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Lawrence Ambrogi (lawbrogi(d)gmail.com) Subject: Rezoning #07-19 Gentle Harvest Denial COUNTY of hREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 February 13, 2020 Lawson & Silek Thomas Moore Lawson P.O. Box 2740 Winchester, VA 22604 RE: REZONING #07-19 OF GENTLE IIARVEST LC Dear Mr. Lawson: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on February 12, 2020. The Board denied the above referenced request to rezone 1.204+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The subject property is located at 120 Front Royal Pike and is identified by Property Identification Numbers 64-A-IC in the Shawnee Magisterial District. Section 165-102.04 of the Frederick County Zoning Ordinance requires a minimum period of 12 montlis to elapse before the consideration of another application for rezoning of substantially the same laud to the same zoning district designation. Please do not hesitate to contact this office if you have any questions regarding the denial of this rezoning application. Sincerely, Candice E. Perkins, AICP Assistant Director CEP/pd cc: Shawn L. Graber, Shawnee District Supervisor Lawrence Ainbrogi and H. Paige Manuel, Shawnee District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue SAK Group, L.C., 8458 W. Main Street., Marshall, VA 20115 Halle Properties L.L.C., 20225 N. Scottsdale Rd, Scottsdale, AZ 85225 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 tiG CO • 44 ORDINANCE .• J �GII,) � 1711 Action. PLANNING COMMISSION: December 18, 2019 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: January 22, 2020 Public Hearing Held, Vote Postponed BOARD OF SUPERVISORS: February 12, 2020 Denied ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #07-19 GENTLE HARVEST, LC WHEREAS, REZONING #07-19 GENTLE IIARVEST, LC, submitted by Thomas Moore Lawson, P.C. to rezone 1.2041-/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers with a final revision date of November 21, 2019. The subject property is located at 120 Front Royal Pike, in the Shawnee Magisterial District, and is identified by Property Identification 64-A-IC; and WHEREAS, the Planning Commission held a public hearing on this rezoning on December 18, 2019 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 22, 2020 and postponed it to February 12; and WHEREAS, the Board of Supervisors held a public meeting on February 12, 2020; 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 Plan; NOR', THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 1.204+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers with a final revision date of November 21, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. DENIED this 12th day of February 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye Gene E. Fisher Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY + ST Kris Frederick County Administrator PDRes. #05-20 BOS Res. 4055-20 0 0 Mike Ruddy From: Kris Tierney Sent: Tuesday, February 11, 2020 11:28 AM To: shawn_graber@yahoo.com Cc: Rod Williams; Joe Wilder; Jay Tibbs; Mark Cheran; Mike Ruddy Subject: RE: Cell towers Shawn, Regarding the issues raised by Mr. Beatty; 1) Tower CUP: As you and I have discussed, It's my personal and professional belief that the fee currently in place for tower CUPs ($7,000) has proven to be excessive. While originally set to cover the cost of a review by an RF engineer for the purpose of determining the need for a proposed tower, in practice we have found that this level of analysis has not actually been implemented and has since been limited by State law. A reduction in the fee might go a long way toward removing any County imposed "hardship" on the placement of towers. As I know you are aware, towers in excess of 50' are currently permitted in the County with a CUP. The CUP process provides for neighboring property owners to be made aware of a tower application and thus, if they so desire, to speak to appropriateness of, and/or, the need for the proposed tower. We have many areas of the County that are underserved and we have worked diligently to seek out programs, grants and partnerships in an effort to improve the situation within the limits of available funding. 2) Junk Vehicles: It has been the County's long established policy that we address zoning violations on a complaint basis versus staff actively seeking them out. With that in mind, if Mr. Beatty would like to file a complaint on a specific property or properties where he believes junk vehicles are present staff will investigate. Simply citing various road numbers throughout the County does not provide the specifics we would require in order to take an enforcement action. By way of general information, in speaking with Mr. Cheran he indicated that we recently cited a property owner on Rt. 612 Fishel Road for junk vehicles. In addition, on Rt. 629 Laurel Grove Rd. and Rt. 608 Hunting Ridge Rd. we had violations for trash and junk vehicles that were recently closed. 3) Construction site issues: We acknowledge that this is an area where there is room for improvement. This concern is directly related to the request for an additional E&S inspector position within the Public Works department budget. The county currently has one full-time position devoted to this activity. Last year we issued over 700 permits for residential construction, all requiring multiple site visits in addition to the required regular visits to all permitted commercial construction sites. Again, if Mr. Beatty would like to provide specific information on the sites he believes to be in violation, we will follow up. 4) Inspectors on duty use of time: All county personnel are made aware of the strict limits on the use of county issued vehicles as well as appropriate activities while on duty. I have shared Mr. Beatty's email with Mr. Wilder who will reemphasize this with all public works employees this week. As I'm sure you understand it's very difficult to take action on such broad accusations, however, as with the other matters discussed above, if Mr. Beatty would like to provide specifics regarding dates, location, and individuals involved we will certainly look into the matter. If you would like, I can reformat this email and respond directly to Mr. Beatty. Please let me know your preference. Sincerely, Kris • Kris C. Tierney County Administrator Frederick County, Virginia (540) 665-6382 From: Shawn Graber <shawn_graber@yahoo.com> Sent: Monday, February 10, 2020 4:31 PM To: crossingpathsllc@gmail.com Cc: Kris Tierney <ktierney@fcva.us> Subject: Fw: Cell towers Mr. Tierney, Please follow up with the items of concern as outlined below and, keep me in the email chain so as to be informed of progress or actions taken. I have already reached out and had conversation regarding the concerns listed on the towers comments enclosed. Most Respectfully, Shawn Graber Sent from Yahoo Mail on Android ----- Forwarded Message ----- From: "Rick Beatty" <crossingpathsllc gmail.com> To: "shawn graber(ayahoo.com" <shawn graber ,yahoo.com> Cc: Sent: Mon, Feb 10, 2020 at 1:17 PM Subject: Cell towers Please be advised that 50' tower in my location will not work at all. My grandkids need the internet for school here and my other granddaughter on Gough Rd. Will need internet next year as she will be attending Middle School. I voted for you due to Mr. Lofton not responding to questions or concerns when area residents tried to contact him. He was that away when employed at VDOT years ago and then was employed by the City of Winchester. I know first hand due to working with him as I was a highway inspector when he was at the lab. All of my area and surrounding homes along with my daughter on Gough can't rise above the tree line at 50'. It seems like you have already started out on the wrong foot with ALL the residents here and surrounding area. If your complainants want to do something GOOD for the county, work on JUNK vehicles on Rte. 600, Rte.612, Rte.608, Rte.629 etc., etc.,. Work on Public Works Dept. with Mr. Wilder on the inspectors that are to check on compliance with construction entrances, erosion issues, trash blowing around adjoining property owners etc., etc.,. My wife and I have repeatedly seen several of the inspectors during normal working hours at Walmart, Restaurants for 1.5 hr lunches with family and friends, Lowes, Home Depot etc., etc. DO SOMETHING ABOUTJUST SOME OF THESE ISSUES AND OPEN YOUR EYES, or ARE YOU ALREADY A MR. LOFTON. The 100' towers in the majority of western Frederick Co. is needed here on private property without a CUP. Commercial towers for AT&T, Verizon, Shentel, Sprint can afford the fee. Not your county residents. Rick Beatty 540-974-1301 9 k_�2_ r-e Wr� 15 0 • Mike Ruddy From: Candice Perkins Sent: Wednesday, February 12, 2020 12:16 PM To: Rod Williams; Mike Ruddy Subject: FW: Discount Tire Attachments: Proffers 2.12.20 (fully executed).pdf From: Thomas Moore Lawson, Esq. <tlawson@LSPLC.COM> Sent: Wednesday, February 12, 2020 12:13 PM To: Candice Perkins <cperkins@fcva.us> Subject: Discount Tire Candice, Sorry for the delay. Attached is a signed copy of the revised Proffers. Would you like me to email or hand - deliver this to the Board Members or will you take care of that? Thanks, Ty Thomas Moore Lawson, Esquire Thomas Moore Lawson, P.C. Of Counsel -Williams Mullen P.O. Box 2740 Winchester, VA 22604 Ph: 540-665-0050 Fax: 540-722-4051 Email: tlawson ,lsplc.com The information contained in this message is information intended only for the use of individual or entity named above, and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address. PROFFER STATEMENT REZONING: RZ# 07-19 General Business (132) to Industrial Transition (133) PROPERTY: 1.204 Acres +/-; Tax Map Parcel 64-A-1 C (the "Property") RECORD OWNER: Gentle Harvest LC APPLICANT: Halle Properties LLC PROJECT NAME: Discount Tire ORIGINAL DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above - referenced 133 conditional rezoning is not granted as applied for by the owner ("Owner"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: • Landscape and Horticultural Services • Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Contractors • Local and Suburban Transit Services • Motor Freight Transportation & Warehousing • Transportation by Air • Utility Facilities & Their Accessory Uses • Building Materials, Hardware, Garden Supply, Mobile Horne Dealers and Retail Nurseries • Wholesale Trade Businesses SIC 078 SIC 15, 16 17 SIC 41 SIC 42 SIC 45 SIC 49 SIC 52 No SIC • • Drive -In Motion Picture Theaters SIC 7833 • Self -Service Storage Facilities No SiC • Public Utility Distribution Facilities No SIC • Residential Uses Which are Accessory to Allowed Business Uses No SiC • Flex - Tech No SiC • Tractor Truck & Tractor Truck Trailer Parking No SIC For Miscellaneous Repair Services (SIC 76), the Owner proffers not to engage in the following uses on the Property: From Welding Repair (SIC 7692): • Repair of cracked castings (welding service) From Armature Rewinding Shops (SIC 7694): • Rebuilding motors, other than automotive From Repair Shops and Related Services, Not Elsewhere Classified (SIC 7699): • Agricultural equipment repair • Blacksmith shops • Cleaning bricks • Coppersmithing repair, except construction • Engine repair, except automotive • Farm machinery repair • Farriers (blacksmith shops) • Florseshoeing • Industrial truck repair • Lawnmower repair shops • Motorcycle repair shops • Tank truck cleaning service • Taxidermists • Tinsmithing repair, except construction All other Miscellaneous Repair Services (SIC 76) shall be allowed on the Property. Should the Board amend the B3 (Industrial Transition) Zoning District to allow other by right uses, the Owner reserves the right to use the Property for said future allowed by right uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include 2 within its meaning all fUtUre owners and successors in interest. When used in these proffers, the "Preliminary Landscape Plan," shall refer to the plan entitled "Preliminary Landscape Plan" dated September 24, 2019. The Preliminary Landscape Plan shall be incorporated by reference herein as "Exhibit I." The Owner proffers that its development of the Property will be in substantial conformity with the Preliminary Landscape Plan. 2. Monetary Contribution to Offset Impact of Development 2.1 The Owner hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Tire and Rescue Services. The monetary contribution shall be made payable to Frederick County at the time of the issuance of the Certificate of Occupancy Permit I'or any primary sU'ucture constructed on the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 3 Respectfully submitted, GENTLE I IARVEST LC I3y: [� Its: MA STATH/COMMONWEALTI I OF AT LARGE CITY/COUNTY OF fhe foregoing instrume t was acknowledged before me this � d y of -- 2020, by��( j►��+�� v7o1' gENTLE HARVESTILC. TARY PUBLIC My commission expires: � I f> l T--,2 Registration number: "7��";. 0 • HALLE PROPERTIES i i• � STATE/C-QM dnl.r +. r +It OF Aq4apjjp, AT LARGE CITY/COUNTY OF ✓Ina.r; �,,,� ro-,.vit: The foregoing instrument \gas ackno�.ledged before me this (CO' day of man , 2020. by 01, HALLE PROPERTIES LLC. ujarlda Chipman Notary Public i My Comm, EXPIres 28-2020 My commission expires: ed8 ('t.g ( ;,v ? -, Registration number: 1ZS2-1 3 5 NOTARY PUBLIC 0 0 Mike Ruddy From: Candice Perkins Sent: Wednesday, February 12, 2020 10:50 AM To: Mike Ruddy Subject: Other B3 uses that would be permitted Discount Tires falls under SIC 5531 — retail sales of new tires/tire dealers More intensive uses they've left in fall under sic 75 and 76 -75 — they could do general auto repair 76 — contains a lot of odd uses, but still could do most welding services (auto welding) — the majority of these uses they couldn't fit on this property — so its pretty much a smokescreen to look like they're proffering out a bunch of uses. Candice Candice Perkins, AICP, CZA Assistant Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 Phone: (540) 665-5651 Fax: (540) 665-6395 E-mail: c1lerkins@fc-va.us «y%y. fcya. us "We do make a difference - one way or the other. We are responsible for the impact of our lives. Whatever we do x6th whatever we have, we leave behind us a legacy for those who follow." - Stephen Covey 0 • Mike Ruddy From: Candice Perkins Sent: Tuesday, February 11, 2020 2:S1 PM To: Mike Ruddy Subject: FW: Discount Tire Attachments: Proffer Statement 03 - Clean (exclusions).docx; Proffer Statement 03 - RL (exclusions).docx From: Thomas Moore Lawson, Esq. <tlawson@LSPLC.COM> Sent: Friday, February 7, 2020 4:34 PM To: Candice Perkins <cperkins@fcva.us> Subject: Discount Tire Candice, I apologize for the delay, but I have just now received confirmation that the attached redlined and clean Proffers are acceptable to the client. In the redline, you will more readily be able to see the uses that have been excluded. By creating this exclusion list, we have made an effort to remove uses that would either be noisy or have outside activities. We have done this to address the only objections that have been received and which have come from our two neighbors. I have asked our client to send me original executed versions, and as soon as I receive them I will deliver them to you. I recognize that we are a couple of days past your mailing date of the packets to the Board of Supervisors. To make sure they receive these latest Proffers, please let me know if you believe it would be acceptable if I have these hand -delivered to the Board Members. Thanks, Ty Thomas Moore Lawson, Esquire Thomas Moore Lawson, P.C. Of Counsel -Williams Mullen P.O. Box 2740 Winchester, VA 22604 Ph: 540-665-0050 Fax: 540-722-4051 Email: tlawson(aDIspic.com The information contained in this message is information intended only for the use of individual or entity named above, and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address. 11 PROFFER STATEMENT REZONING: RZ# 07-19 General Business (132) to Industrial Transition (133) PROPERTY: 1.204 Acres +/-; Tax Map Parcel 64-A-1C (the "Property") RECORD OWNER: Gentle Harvest LC APPLICANT: Halle Properties LLC PROJECT NAME: Discount Tire ORIGINAL DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above - referenced B3 conditional rezoning is not granted as applied for by the owner ("Owner"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. 1. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: • Landscape and Horticultural Services SIC 078 • Offices and Storage Facilities for Building Construction Contractors, Heaw Construction Contractors and Special Trade Contractors SIC 15, 16 17 • Local and Suburban Transit Services SIC 41 • Motor Freight Transportation & Warehousing SIC 42 • Transportation by Air SIC 45 • Utility Facilities & Their Accessory Uses SIC 49 • Building Materials, Hardware, Garden Supply, Mobile Home Dealers and Retail Nurseries SIC 52 • Wholesale Trade Businesses No SIC Ll • • Drive -In Motion Picture Theaters SIC 7833 • Self -Service Storage Facilities No SIC • Public Utility Distribution Facilities No SIC • Residential Uses Which are Accessory to Allowed Business Uses No SIC • Flex -Tech No SIC • Tractor Truck & Tractor Truck Trailer Parking No SIC For Miscellaneous Repair Services (SIC 76), the Owner proffers not to engage in the following uses on the PropertT. From Welding Repair SIC 7692Z • Repair of cracked castings (welding service) From Armature Rewinding Shops (SIC 7694): • Rebuilding motors, other than automotive From Repair Shops and Related Services, Not Elsewhere Classified (SIC 7699): • Agricultural equipment repair • Blacksmith shops • Cleaningbricks ricks • Coppersmithing repair, except construction • Enginepair, except automotive • Farm machinery repair • Farriers (blacksmith shops) • Horseshoeing • Industrial truck repair • Lawnmower repair shops • Motorcycle repair shops • Tank truck cleaning service • Taxidermists • Tinsmithing repair, except construction All other Miscellaneous Repair Services (SIC 76) shall be allowed on the Pro er Should the Board amend the B3 (Industrial Transition) Zoning District to allow other by right uses the Owner reserves the right to use the Property for said future allowed by uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless 2 otherwise specified herein. Tic term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Preliminary Landscape Plan," shall refer to the plan entitled "Preliminary Landscape Plan" dated September 24, 2019. The Preliminary Landscape Plan shall be incorporated by reference herein as "Exhibit L" The Owner proffers that its development of the Property will be in substantial conformity with the Preliminary Landscape Plan. 2. Monetary Contribution to Offset Impact of Development 2.1 The Owner hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue Services. The monetary contribution shall be made payable to Frederick County at the time of the issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 91 • Respectfully submitted, GENTLE HARVEST LC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF , To -wit: The foregoing instrument was acknowledged before me this day of , 2020, by My commission expires: Registration number: of GENTLE HARVEST LC. m NOTARY PUBLIC 0 • I-IALLE PROPERTIES LLC By: Its: STATE/CO MMONWEALTI-I OF , AT LARGE CITY/COUNTY OF , To -wit: The foregoing instrument was acknowledged before me this day of , 2020, by of I-IALLE PROPERTIES LLC. NOTARY PUBLIC My commission expires: Registration number: _ • PROFFER STATEMENT REZONING: RZ# 07-19 General Business (132) to Industrial Transition (133) PROPERTY: 1.204 Acres +/-; Tax Map Parcel 64-A-1C (the "Property") RECORD OWNER: Gentle Harvest LC APPLICANT: Halle Properties LLC PROJECT NAME: Discount Tire ORIGINAL DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above - referenced B3 conditional rezoning is not granted as applied for by the owner ("Owner"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. 1. Land Use Restrictio 1.1 The Owner hereby proffers not to engage in the following uses on the Property: • Landscape and Horticultural Services • Offices and Storage Facilities for Building Construction Contractors, Heavy Construction • Contractors and Special Trade Contractors 15, 16 17Local and Suburban Transit Services SIC 41 • Motor Freight Transportation & Warehousing • Transportation by Air • Utility Facilities & Their Accessory Uses • Building Materials, IIardware, Garden Supply, Mobile Home Dealers and Retail Nurseries SIC 078 SIC 42 SIC 45 SIC 49 SIC 52 SIC 0 0 • Wholesale Trade Businesses No SIC • Drive -In Motion Picture Theaters SIC 7833 • Self -Service Storage Facilities No SIC • Public Utility Distribution Facilities No SIC • Residential Uses Which are Accessory to Allowed Business Uses No SIC • Flex -Tech No SIC • Tractor Truck & Tractor Truck Trailer Parking No SIC For Miscellaneous Repair Services (SIC 76), the Owner proffers not to engage in the following uses on the Property: From Welding Repair (SIC 7692): • Repair of cracked castings (welding service) From Armature Rewinding Shops (SIC 7694): • Rebuilding motors, other than automotive From Repair Shops and Related Services, Not Elsewhere Classified (SIC 7699): • Agricultural equipment repair • Blacksmith shops • Cleaning bricks • Coppersmithing repair, except construction • Engine repair, except automotive • Farm machinery repair • Farriers (blacksmith shops) • I-Iorseshoeing • Industrial truck repair • Lawnmower repair shops • Motorcycle repair shops • Tank truck cleaning service • Taxidermists • Tinsmithing repair, except construction All other Miscellaneous Repair Services (SIC 76) shall be allowed on the Property. Should the Board amend the B3 (Industrial Transition) Zoning District to allow other by right uses, the Owner reserves the right to use the Property for said future allowed by right uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include 2 within Its meaning all future owners and successors In Interest. When Used In these proffers, the "Preliminary Landscape Plan," shall refer to the plan entitled "Preliminary Landscape Plan" dated September 24, 2019. The Preliminary Landscape Plan shall be incorporated by reference herein as "Exhibit 1." The Owner proffers that its development of the Property will be in substantial conformity with the Preliminary Landscape Plan. 2. Monetaly Contribution to Offset Impact of Development 2.1 The Owner hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Tire and Rescue Services. The monetary contribution shall be made payable to Frederick County at the time of the issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 3 • Respectfully submitted, GENTLE HARVEST LC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY Or , To -wit: The foregoing instrument was acknowledged before me this day of , 2020, by My commission expires: Registration number: of GENTLE HARVEST LC. 4 NOTARY PUBLIC • I-IALLE PROPERTIES LLC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF , To -wit: The foregoing instrument was acknowledged before me this day of , 2020, by My commission expires: Registration number: of I-IALLE PROPERTIES LLC. NOTARY PUBLIC • REZONING APPLICATION P07-19 GENTLE HARVEST, LC. Staff Report for the Board of Supervisors Prepared: February 5, 2020 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Planning Commission: 12/18/19 Board of Supervisors: 01/22/20 Board of Supervisors: 02/12/20 Action Public Hearing Held; Recommended Approval Public Hearing Held; Postponed Pending PROPOSAL: To rezone 1.204-11- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. LOCATION: The subject property is located at 120 Front Royal Pike. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/12/20 BOARD OF SUPERVISORS MEETING: This is an application to rezone 1.204+/- acres fi-oin the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The site is located within the limits of the Senseny/Eastern Urban Area Plan of the 2035 Comprehensive Plan and identifies this property with commercial land use designation. In general, the existing B2 zoning and the proposed B3 zoning are consistent with the current land use supported by the Comprehensive Plan, however; the Comprehensive Plan states that this area should be designed specifically to accommodate and promote highway commercial land uses. Staff would note that the site was previously utilized for a restaurant which is now closed and the intended user for this site is a Discount Tire. This item was postponed from the Board of Supervisors January 22, 2020 meeting to allow Staff the opportunity to review proposed new proffers presented during the meeting. Staff has received a draft change to the proffers; the Applicant is proposing to eliminate additional uses as outlined below — proposed changes are shown in underline italics. Please note that these are draft changes — Staff has not received a signed copy of the proffers from the Applicant. Proffer Statement — Dated November 21, 2019 — revised (signed proffers not received): 1. Land Use Restrictions: 1.1 The Owner hereby proffers not to engage in the following uses on the Property: • Landscape and Horticultural Services (SIC 078) • Off ce and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Conh•actors (SIC 15, 16, 17) • Local and Suburban Transit Services (SIC 41) • Motor Freight Transportation & Warehousing (SIC 42) • Transportation by Air (SIC 45) • Utility Facilities and their Accessory Uses (SIC 49) • BuildinK Materials, Haidivgi-e, Garden Supp1j), Mobile Home Dealers and Rezoning #07-19 GENTLE HARVEST LC. February 5, 2020 Page 2 Retail Nurseries (SIC 52) • Wholesale Trade Businesses • Miscellaneous Repair Services (SIC 76) • Drive -In Motion Picture Theaters (SIC 7833) • Self -Storage Storage Facilities • Accessory Retailing • Public Utility Distribution Facilities • Residential Uses which are accessory to allowed business uses • Flex -Tech • Tractor Truck & Tractor Truck Trailer Parking (No SIC) Should the Board an2end the B3 (Industrial Transition) District to allow other by right uses, the Owner reserves the right to use the Property for said future allowed by right uses. 1.2 When used in these proffers, the "Preliminary Landscape Plan", shall refer to the plan entitled "Preliminary Landscape Plan" dated September 24, 2019. The Preliminary Landscape Plan shall be incorporated by reference herein as "Exhibit 1 ". The Owner proffers that its development of the Property will be in substantial conformity with the Preliminary Landscape Plan. Staff Note: This proffer seeks to implement the Senseny/Eastern Urban Area Plan that states "enhanced area of buffer and landscaping shall be provided adjacent to the Interstate 81 right -of --way and its ramps". 2 Monetary Contribution to Offset Impact of Development 2.1 The Owner hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue Services. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. • 0 Rezoning Ii07-19 GENTLE HARVEST LC. February 5, 2020 Page 3 This report is prepared by the Frederick County Planning Staff to provide iuforrrration to the Planning Commission and the Board of'Suuper visors to assist thent 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 1'L'p01't. Reviewed Action Planning Commission: 12/18/19 Public Hearing Held; Recommended Approval Board of Supervisors: 01/22/20 Public Hearing Held; Tabled I3oard of Supervisors: 02/12/20 Pending PROPOSAL: To rezone 1.204+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. LOCATION: The subject property is located at 120 Front Royal Pike. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-IC PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant Restaurant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) Use: Commercial/Route 50E South: B2 (General Business) Use: Commercial East: B2 (General Business) Use: Commercial West: B2 (General Business) Use: Commercial 0 • Rezoning #07-19 GENTLE HARVEST LC. February 5, 2020 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: VDOT has no objection to the rezoning as presented. Frederick -Winchester Service Authority: FWSA will defer to Frederick Water. Frederick Water: Thank you for the opportunity to provide review comments on the Discount Tire rezoning application. The subject property located 120 Front Royal Pike, Winchester, Virginia, is currently served by the City of Winchester. Through redevelopment of the site, the City will continue to provide the water and sewer services. Frederick County Department of Public Works: We offer no comments at this time. Frederick County Fire Marshall: Plan approved. Winchester Regional Airport: None. County of Frederick Attorney: Proffer is in acceptable legal form. City of Winchester: The City of Winchester has reviewed the following: Discount Tire Site Plan at 120 Front Royal Pike, Winchester, VA 22602. Based on our review, we have the following comments: Water 1. The existing water main and water meter may need to be relocated. If it is the case, vacation of existing easement and dedication of new easements may be required. 2. Please show location of all existing utility including water main, sewer main, lateral, water services, clean out and water meter. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the parcel as B2 (General Business). 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. • 0 Rezoning 1107-19 GENTLE I-IARVEST LC. February 5, 2020 Page 5 The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of tlic County. / .mil ! Aw The 2035 Comprehensive Plan and the Sensclly/Eastern Urban Area Plan provide guidance oil the future development of the property. The property is located within the SWSA. The Senseny/Eastern Urban Area Plan identifies this property with commercial land use designation. In general, the existing B2 'Lolling and the proposed B3 zoning are consistent With the current land use supported by the Comprehensive Plan, ho\N'cvci-; the Comprehensive Plan states that this area should be designed specifically to accommodate and promote lllgh\-1'ay commercial land uses. LANNING COI\'lMISSION SUMMARY AND ACTION FRONI THE 12/18/19 MEETING: Staff provided an overview Of the application and the proposed proffers. Mr. Ty Lawson, representing the Applicant, stated no mechanical work will be performed at the site or will no hazard waste such as oil or antifreeze will be handled at the site. The customer transactions will be completed in 30 to 45 minutes per vehicle with 110 unattended or overnight vehicles. The hours of operation are proposed are Monday — Friday 8a.m. to 61).ln, Saturday 8a.m. t0 5p.m. and closed Oil Sunday. Also, Civil Engineers of the Kimley-Horn Planning and Design Consultants presented an overview of the proposed new building design with landscaping. The bays will be facing Front Royal Pike. The building is set back about 150 ft. from the road. They concluded that the new building will be set back further than the existing building. Chairman Kenney called for anyone who wished to speak regarding this Public I-Icaring t0 come forward at this time. Mr. Steve Parish, Senior Vice President for the Aikens Group, commented against the rezoning to the Industrial Transition District oil behalf Of the surrounding O\\'llers' properties. Mr. Parrish continued, that the zoning allows various uses that could be harmful to their property values. Ms. Becky Morrison came forward and shared her concerns about the used tire recycling procedures. The Kimley-Horn representatives for the Applicant, said that Discount Tire has a vendor that will be picking -up the used tires to be recycled and no tires will be stored outside. The proposed building will have an area for storage of the used tires until they are picked up for recycling. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Ambrogi commented, on the length Of time that the building has been vacant. Staff responded that the existing building has been vacant for a few years. Also, Commissioner Ambrogi asked about the how the traffic will access the property. Mr. Lawson said the access is a paved road that was dedicated to the County back in the 80's with less trips than the previous owner because of the different use. Planning Commission ultimately recommended approval of the rezoning application. 0 9 Rezoning #07-19 GENTLE HARVEST LC. February 5, 2020 Page 6 BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE O1/22/20 MEETING: Staff provided an overview of the application and the proposed proffers. The Board discussed the uses that had been proffered with the rezoning application as well as traffic concerns. Mark Walters of Discount Tire, the Applicant, spoke about his company. The Board questioned product delivery, storage and noise. The project engineer then discussed traffic, landscaping, and drainage issues. Mr. Ty Lawson reviewed additional uses that the Applicant has agreed to exclude as a proffer for the rezoning. Four citizens spoke during the public hearing, one in support of the application and three expressed concerns. This item was postponed from the Board of Supervisors January 22, 2020 meeting to allow Staff the opportunity to review proposed new proffers presented during the meeting. Staff has not received a signed copy of the proffers firom the Applicant. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Applwation Ip Parcels B2 (General Business District) 100 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 200 Feet Map Created: November 25, 2019 O t 100 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 200 Feet Map Created: November 25, 2019 REZ # 07 - 19: Gentle Harvest, LC PIN: 64 - A - 1C Rezoning from B2 to B3 Long Range Land Use Map 8 Parcels Long Range Land Use 0 Residential \`* Neighborhood Village �' • ,' Urban Center • Mobile Home Community Q Business Highway Commercial Mixed -Use ® Mixed Use CommerciallOffice ® Mixed Use Industrial/Office • Industrial ® Warehouse t� Heavy Industrial - Extractive Mining 0.�10 Commercial Rec iRural r Community Center Fire & Rescue rl. Sensitive Natural Areas ® Institutional Ift Planned Unit Development OW Park Recreation School Employment Airport Support Area Q B2 / B3 Q Residential, 4 u/a Q High -Density Residential, 6 u/a Q High -Density Residential, 12-16 u/a Q Rural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation 4311, Environmental & Recreational Resources 0 50 10U '• Z 4 44 �`` `�NN � ,R lg0�pR �y W f Of�COP 0 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 200 Feet Map Created: November 25, 2019 • • a _In PROFFER STA'I E.ME.N'r REZONING: RZ# _ General Business (132) to Industrial Transition (133) PROPERTY: 1.204 Acres -t-/-; Tax Map Parcel 64-A-1 C (the "Property") RECORD OWNER: Gentle Harvest LC APPLICANT: Halle Properties LLC PROJECT NAME: Discount Tire ORIGINAL DATE OF PROFFERS: November 21, 2019 "The undersigned Owner hereby proffers that the use and dcvclopnlcnt of the Property shall he in strict conformance with the lollowing conditions, which shall supersede all Mile] - proffers on the Property that may have been made prior hereto. hl the event that the above - referenced B3 conditional rezoning is not granted as applied for by the owner ("Owner"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in of{cct on the day t01lowing the last day upon which the Frederick County Board of Supervisors' (the "Board") decision grailtlllg the re'zo►ll►lg may be contested in the appropriate court. If the Board's decision is contested, And the 011'I1C1' elects not to sub►lllt developlllcnt plans until such contest is resolved, the term rezoning shall include the day fallowing entry of a final C01.111 order afiir►ning the decision of' the Board wh►cli has not becil appealed, or, if appealed, the day following wlllcll the decision has becil affirmed on appeal. 1. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: Q Landscape and Horticultural Services SIC 078 o Offices and Storal;e Facilities for Building, Constriction Contractors. Heavy Constriction _Contractors and Special Trade Contractors SIC 15. 16 17 • Local and Suburban Transit Services SIC 41 Motor Freight Transportation & Warehousing SIC 42 • Transportation by Air SIC 45 Q Utility Facilities & Their Accessory Uses SIC 49 o Building Materials. Hardware, Garden Suf)ilh, Mobile Home Dealers and Retail Nurseries SIC 52 o Wholesale Trade Businesses No SIC L_ J 0 • Miscellaneous Repair Services SIC 76 o Drive -In Motion Picture Theaters * Self -Service Storaue Facilities SIC 7833 No SIC Accessory Retailin�o No SIC _ * Public Utilitv_Distribution Facilities No SIC o Residential Uses Which are Accessorti, to Allowed Business Uses _ No SIC • Flex -Tech v No SIC • Tractor Truck & Tractor Truck Trailer Parking No SIC Should the Board amend the B3 (Indusb-ial Transition) Zoning District to allow other bvriuht uses. the Owner resen�es the riulit to use the Property for said fitture allowed by right uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Preliminary Landscape Plan," shall refer to the plan entitled "Preliminary Landscape Plan" dated September 24, 2019. The Preliminary Landscape Plan shall be incorporated by reference herein as "Exhibit 1." The Owner proffers that its development of the Property will be in substantial conformity with the Preliminary Landscape Plan. 2. Monetary Contribution to Offset Impact of Development 2.1 The Owner hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue Services. The monetary contribution shall be made payable to Frederick County at the time of the issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES Respectfully submitted, GENTLE HARVEST LC 2 By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF , To -wit: The foregoing instrument was acknowledged before me this day of , 2019, by of GENTLE HARVEST LC. NOTARY PUBLIC My commission expires: Registration number: 3 HALLE PROPERTIES LLC Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF . To -wit: The foregoing instrument was acknowledged before me this day of , 2019, by of HALLE PROPERTIES LLC. My commission expires: Registration number: 4 NOTARY PUBLIC C� PROFFER STATEMENT REZONING: R-71I General Business (B2) to ]nclustrial Transition (133) PROPERTY: 1.204 Acres -+-/-; 'fax Mai) Parcel 64-A- I C (the "Property") RECORD OWNER: Gentle Flai•vest LC APPLICANT: Halle Properties LLC PROJECT NAME: Discount 'fire ORIGINAL DATE OF PROFFERS: November 21, 20 1. 9 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above- ret'erenced 133 conditional rezoning is not granted as applied for by the owner ("Owner"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the clay following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the clay following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. 1. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: • Landscape and Horticultural Services SIC 078 • Local and Suburhan Transit Services SIC 41 • Motor Freight Transportation &. Warehousing SIC 42 • Transportation by Air SIC 45 • Utility Facilities & Their Accessory Uses SIC 49 • Drive -In Motion Picture Theaters SIC 7833 • Tractor Truck & Tractor Truck Trailer Parking No SIC 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. fhe improvements proffered herein i shall be provided at the tune of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Preliminary Landscape Plan," shall refer to the plan entitled "Preliminary Landscape Plan" dated September 24, 2019. The Preliminary Landscape Plan shall be incorporated by reference herein as "Exhibit L" The Owner profrfcrs that its development of the Property will be in substantial conformity with the Preliminary Landscape Plan. Monetary Contribution to Offset Impact of Development 2.1 The Owner hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue Services, The monetary contribution shall be niade payable to Frederick County at the time of the issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property, SIGNATURES APPEAR ON THE FOLLOWING PAGES 2 Ll 0 Rcspectlully submitted. GENTI.I; HARVEST LC By: --- Its: STATE -/COMMONWEALTH OF /% , AT I AROF CIJY/COUNTY OF , Tn-wit: T eforegoin instrument wa aacknowledged before me this day of 4ov 2019, by ()b GI,NTLE HARVEST L.C. 4 O ARY PUBLIC My commission expires; r _ �/ � ��```QQOGy Registration number:, y �..........y O REG 2 7293432 n c7 ; commISSIONg.t ¢ o , AXPIRES : $ �r�rlrllli1i11, i 9 HALLE PROPERTIES L6C By: 4,nA- .UIts: lc�i -- STATE/COMMONWEALTH OF(V IZt ;nri- , AT LARGE CITY/COUNTY oRrti({1� tLlI ,'{�1Ct�- (_�� ;, _,To -wit: -.z_ The foregoing instrument was acknowledged before me this _ 1 2 day of of FIALLF PROPERTIES LLC. KATHY f'MR$ Noimy Public -Arizona imnkopa county �! Commission E)t*m JNm 07, 2M NOTAR UBLIC My commission expires: , UnYI Registration number: 9 • 0 EXHIBIT t PLANTING LEGEND: 40 SHADETREES ORNAMENTALTREES I 1 + EVERGREEN TREES tXl_1 SHRUBS 4i•RROPC IX r DISC AN0 'H( PR00(RTr 0C bTcn,.wT EM _ .71Mr •W Sr•.11 W L w(w Is Dula r ' C (SC Y M S GR�'R1N1. 'J At, K Q(STQ:'(c 10 M( 040wA1 LT( 01 M�.1• ( As w(v ♦R(C f XPW'SA Y q: .ul" [ :fi9 UR.(1-NORM 4 l.(3.3C,wr(T M •-.Or /4� OR. SOT[ 200. Rr .PDX. fr. 33230 Mow SW-623-348: rrr I. rl2� wOrN cw FRONT ROYAL PIKE Ell t GRAGMiC SCE. ( w IF( T 0 10 20 6C - OZEEmu. DTC STORE VAN 11759 'd 11.Y6 1132,5022 ,�^ er 'NCT W-C PRELIMINARY LANDSCAPE TIRE) 120 FRONT ROYAL PIKE WINCHESTER, VA 22602 4.*1n ( PLAN cr MUYBCR .1( o► j i'AR*W-. 7J. s -,vt I, 4> C ;.,j •,L 2T FACt sp�,T-F., E In III u 4) Wkkft META, %3111<j� TO gl,'A2 1,1 NORTH ELEVATION L f I If 120 jkvt*_t� w Dmou-m TIRF-Im (1) VE T.L Cnpw. r 11 _ C-Am :k A' E I F S 0, 1 V It A-41AA: , �u AT0 . _1 K.-P IV ILLILAW.ATED WAIL-McklVE0 !( tIE, W-I"Trr. (, fit-ADIAr culi w (,WXR !IPIAATT FTRWT) vtlqL . (.r - , I - (� .. .V A. r,fm mv%A%ej J4 T! 3--ak to 0 0 ED FINISH LEGEND-, _ , -:, i, 61w 1: , A, AtUUWJM SITWFIV-Pil %IAXU.Ar.7VRlR'S S'AkDAR.- CX911I TOLA> C,A&,AP 6,-40-91 X. RE' - II C,..Dtt CUL- 'IF-Cl-;-,!' A IS W7.D) It ktAlcl sw J.7 *c3.ON,A_ REAVAL !-OfV 10 ,-.A' V 11 IAS. V _ PAP,VEFi 5,10 •e2', (*ArIL FiVVIA, SI:INL' <9, -Aa. vI.,i-rArt c -A j F-ikn: sw v,; 'AN,Ic. r aP,,,ry Gt A.,I WFA-1 Ott "'S SV• 6lt9 'A"'lt 9**W' Af 7.1,47 04, 0 --,'ED it 7;`Z 'SPItPtrC ',AAAW' d) -v.L _llk, - rwc,, I,A#JTV! - J-.1 to VA'LN SIN 26211 %>.0I 41 IV., S'c. -. �,INSU.47CD C . PALTER fl, M? 'L.MN z*. RVAvAL ST.Vlt* 0 rttfts FAW-m -% m - --a-, '. PIT 'At VIM' OW METAI DOG" ^ Ap% It L -% -t L 0"1 y IN IWAL LNF' -A7 --E-1101I AWN'S SM F-110 0H?IlE_ TIRE &ALE)III S.'GNACE JV:ER SEPArAn PERIAT 0 ADDRESS SICA AND LOCATON PER LOCAI. CITY CoOlt SOUTH ELEVATION WAl - "I'VEOPAL czko. To MATCH PAX LAA ;LF-LA Tl' <13r)l4a co Srt(L Sty/ I -14, MID :kl .Pvr LL NO IR-S, IAJ -1-tv WWT rw.:" E+13 CvEl 1-1 Cr q C L-414 T VICA, " _%I.. EAST ELEVATION API (5.1w. K,Ic .7 L 'AlkIPEI IFAU) zz_ Pf'-Q, 120 irr_ r AIDE CAP v T, sp�,f FAIX t r HTIUME-M "kPic cmw PIT It IN 51W&J.1 j S-Ift OFAM It 4 P. 411 rPI TO it A! -1 tA-V Re.AATF D dl� 'It,&. C A�., tss(a -u t. avw%19 0 C u Vitt w "IsCHI =I'. .-.xui r-o X wft MICIPAT) I. ICIAL toLop wl. I FACT C.M i tvvr) D� W3�,.l PIA01 i. .0f, X 0tv X 11.1to S. "O'K c'mV ftl� p tiftls� DOWWWO'T V7 1.1 IV I AM IK r .,.s tV"D-'F S-PAPATI 1`1,014'i ARE tv . Pr., rIl-W , (W-aI' CPF CWl ppRf A t 'MOO. I. It WEST ELEVATION 4W','Ik 4, WA l[W K u1scuumv .0 41%. 1 E IIII "PIPIN r— ., n. or., 71 uu'r . % - w"ll (IT771-MC 1 1/2'. 1 1/27 , -pf' STEEL III (;An II nAly vaic - PAP, I 15, wt.1 fAa cmu *4' - IhITCRAL COLOR To up'(4 bjx 6' MILAt"stIED cw ACXZ.l Dar 3/4- Oft D.A. CARA CENIEW 114- 1 1,12* x 2D GA !w VAIN 3.Lrlqs • 0171 1:1 coodt."'IED wl _ k� 'v.C. As - mv .14*1 c. to MIT - IIELM It .'AD CLOSED Kslloks 6* 6 TILL STEEL PIPE viu PIM OF GATT I" ,Tw ^00c. NUM Illoors 10 FRAME FACE a, PIPE -4, of F'QNj ELEVA_J��% L)MOr- -t .8 P, FAILAT OF MHOS 11- PAW IED T-W 11011AM 1`11P Ir cmu kj-- SuLom MATrRL%LS To "TCH lial Of Z,tq4 uldi"k loy(VININ PAPITED 4r-cr ncr rATm STEEL My ASTrWD TO MIVIE or 14TAL rX.&C 1, CA SLEtva rOR C"t 9x,s t7w OF e. cow-mylE SICION m ft"ONCED -1 RESAPS IT W "IM , I. Al% CE-TEREO #4 COWRIE 11 YE & TE 'I m FOP CCP-l`Q�P.1-jN TRASH ENCLOSURE PLAN / ELEVATIONS I . I CONCEPTUAL ELEVATIONS -*.W,d 120 FRONT ROYAL PIKE 60; 3w 5 3" WINCHESTER, VA 22603 REV. 0 DATE: 08-05.2019 JOB No.: VAN 11759 DRAWN BY: CF Sheet No. m DISCOUNT TIRE RETAIL STORE DEVELOPMENT This report has been prepared for the purpose of assessing the impact on Frederick County by the prol'i'ered rezoning of a 1.204 -+-/- acre subject property owned by Gentle Harvest LC and identified as Tax Map Parcel 64-A-1 C. 1'lte subject property is located on the west side of Front Royal Pike (U.S. Route 522 South) at the intersection of Front Royal Pike (U.S. Route 522 South), Millwood Pike (U.S, Route 50) and the Interstate 81 Exit 313 northbound on -ramp, and is currently zoned B-2, Business General District. The Applicant proposes to rezone the 1,204 +-/- acre subject property to B-3, Industrial 'Transition District, with proffers to allow for the development of a Discount Tire retail store that is approximately 8,192 square feet with 6 service bays along the commercial corridor, Basic Jsiforrnation Location: Fronting on the west side of Front Roya 522 South); at the intersection of Front Route 522 South), Millwood Pike (U.S. Interstate 81 Exit 313 northbound on -ramp Magisterial District: Current Zoning: B-2, General Business District Proposed Zoning: B-3, Industrial Transition District Total Rezoning Area: 1.204 +/- acres with proffers for the subject property 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. 'file t.204 +/- acre subject property is currently located in the UDA; therefore, expansion of fife UllA boundary to accommodate the proposed development of commercial land use is not required for this rezoning application, Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas of the County in which commercial and industrial land use development is only desired. The 1.204 1 /- acre subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed development of commercial land use is not required for this rezoning application, Comprehensive Plan Conformity The 1.204 +/- acre subject property is located in the UDA and the SWSA and is within the study area boundary of the Senseny/Eastern Frederick Urban Area Study. The Senseny/Bastern Frederick Urban Area Study 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 1.204 +/- acre subject property is identified for 132/133 commercial land use; therefore, the proposed B-3, Industrial Transition District rezoning is in conformance with the land use recommendations of the Comprehensive Plan Policy. The Comprehensive Plan specifies that the 1.204 +/- acre subject property should accommodate and promote highway commercial land uses. The B-3, Industrial Transition District rezoning is proposed to allow for the development of the Discount 'fire retail store, which has been determined not to be a permitted stand-alone land use with the B-2, Business General District, The Discount Tire retail store, being a retailer of tires and wheels for motor vehicles with service bays for the installation of the same, is an appropriate highway commercial land use along a major commercial corridor. SUITABILITY OF THE SITE Access The 1.204 +/- acre subject property is located on the west side of Front Royal Pike (U,S. Route 522 South), approximately 380 feet north of the Front Royal Pike/Travel Lodge Drive signalized intersection. Access to the subject property will be through the Front Royal Pike/Travel Lodge Drive signalized intersection. Flood Plains The 1.204 +/- acre subject property does not contain areas of floodplain as demonstrated on F1MA NFIP Map f#51069CO216D, Effective Date September 2, 2009; as well as information from the Frederick County GIS Database. Wetlands The 1,204 +/- acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database. Soil Types The 1.204 +/- 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: 313 BIairton Silt Loams 2-7% slope 2 The Blairton Sill Loam soil type is identified as a prince agricultural soil and has severe wet properties. 'fhe existing commercial ]arid uses that have been constructed along the east and west sides of the Front Royal Pike (U.S, Route 52.2 South) commercial corridor contain the same soil type, and the subject property is not conducive for agricultural land use per the Comprehensive Policy Plan. The soil type is conducive; for commercial development of the subject property. Other Environmental Features The 1.204 -r-/- acre subject property does not contain areas of steep slope, lakes or pc natural stormwater retention areas as defined by the Frederick County Zoning Ordinance, are no known environmental features present that create development constraints proposed commercial development project. Adjoining property zoning and present use: North: Millwood Pike/Interstate 81 Exit 313 northbound on -ramp Highway/Interstate B-2, Business General District B-2, Business General District 3-2, Business General The 1.204 +/- acre subject property is located on the west side of Front Royal Pike (U.S. Route 522 South), approximately 380 feet north of the Front Royal Pike/Travel Lodge Drive signalized intersection. Subsequent to final rezoning approval. access to the subject property will be through the existing intersection. In order to assess the potential traffic impacts for the proposed Discount Tire retail store, the Applicant has analyzed the trips generated by the existing use of the site compared to ilie trips generated by the proposed use, a "Dire Store, Restatirants (SIC 58) would be the appropriate land use to compare to the proposed Discount Tire retail store (SIC 75). The Applicant analyzed traffic study data from the Institute of Traffic Engineers (ITE) Manual, 100' Edition specific to a Quality Restaurant (93 1 ) and Tire Store (848), The following analysis compares traffic volumes for the Weekday AM and PM Peak Hours, the Saturday Peak Hours, and the Sunday Peak Hours assuming 7,554 square feet of Quality Restaurant (931) and 8,192 square feet of Tire Store (848) land use specific to the ITE traffic study data: i 9 B-2, Business_ General Land Use FFE (93 l) Weekday AM Peak: Q = 0.73 Trips per 1,000 square feet gross floor area Q = 0.73 Trips x 7.554 (7,554 sq.R,/1,000 sq.ft.) Q = 5.51 or 6 Trips ITE (931) Weekday PM Peak-.- Q = 7,80 Trips per 1,000 square feet gross floor area Q = 7.80 Trips x 7.554 (7,554 sq.ft./1,000 sq.ft.) Q = 58,92 or 59 Trips ITE. (931) Saturday Peal;: Q = 10,68 Trips per 1,000 square feet gross floor area Q = 10.68 Trips x 7.554 (7,554 sq.ti,/I,000 sq.fl,) Q = 80.67 or 81 "Drips ITE (931) Sunday Peak: Q = 7,80 Trips per 1,000 square feet gross floor area Q = 7.80 Trips x 7.554 (7,554 sq.ft./I,000 sq.ft.) Q = 58.92 or 59 Trips B-3, Industrial Transition Land Use ITE (848) Weekday AM Peak: Q = 2.72 Trips per 1,000 square feet gross floor area Q = 2.72 Trips x 8.192 (8,192 sq.ft_/1,000 sq.ft.) Q = 22.28 or 23 Trips ITE (848) Weekday PM Peak: Q = 3.98 Trips per 1,000 square feet gross floor area Q=3.98 Tripsx 8.192 (8,192 sq.ft,/1,000 sq.ft.) Q = 32.60 or 33 Trips ITE (848) Saturday Peak; Q = 5.05 Trips per 1,000 square feet gross floor area Q = 5.05 Trips x 8.192 (8,192 sq.fi./1,000 sq.ft.) Q = 41.37 or 42 Trips ITE (848) Sunday Peal:: NIA The ITE projected traffic volumes identified above indicate that the proposed Discount Tire retail store (848) has the potential to decrease traffic volumes during the weekday peak hours by approximately 0-9 Trips and by approximately 39 'Trips during the Saturday peak hour compared to the Quality Restaurant (931) land use. The Sunday trips generated are not applicable as Discount Tire is not open on Sundays, and therefore will not generate any trips. These calculations demonstrate a decrease in potential traffic volumes during these time frames (approximately 3 vehicles every I5 minutes during the weekday peak, hours and approximately 10 vehicles every 15 minutes during the Saturday peak hour). The proposed Discount Tire retail store will result in an overall decrease in trips, compared to that of the existing restaurant. Therefore, it is assumed that the infrastructure in place is adequate for the proposed development. 4 SEWAGI? COVEYANCE AND TREATMENT The 1,204 -1 /- acre subject properly is located within the Sewer and Water Service Area (SWSA); therefore, the properly is entitled to be served by public sexvcr based on County Policy. The City of Winchester is the provider of public sewer service within this area of the County, which is managed by the City of Winchester Public Services Department. The City of Winchester has an existing 8-inch gravity sewer line: that enters the subject property through the southern bowidary of the subject property within a 20-fool easement that is accessible to the property. All commercial land uses on the west side of Front Royal Pike (U.S. Route 522 South) within proximity of the subject property convey sewer effluent through the 8- inch gravity sewer line that goes under interstate 81 to a manhole located on the Apple Blossom Mall parcel. which then gravities to the Abram's Creel: sewer transmission line that connects to the Opequon Wastewater Treatment Facility. Based on comparable discharge patterns, the City of Winchester Public Services Department has determined that 75 gallons/day per 1.000 square feet of commercial land development is an appropriate calculation for estimating the sewer demand for commercial land uses. Q = 75 gallons/day per 1,000 square feet commercial Q = 75 GPD x 8.192 (8.192 sq.ft./1,000 sq.ft,) Q=614.40GDP TOTAL: Q = 615 GPD projected sewer demand The Opequon Wastewater Treatment Facility has a total capacity of 12,6 MGD, of which 7,125 MOD is allocated to the City of Winchester. The City of Winchester currently averages appro%irnately 5.0 MOD of the allocated capacity and has approximately 2.125 MOD of allocated capacity available for future development projects, Tile projected 615 GPD for the proposed project represents 0.0003% of the available treatment capacity; therefore, the proposed rezoning can be sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity and treatment. The proposed Discount Tire will generate significantly less sanitary sewage into the public system than that of the previous restaurant use at this site. WATER SUPPLY The 1,204 +/- acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the propeny is entitled to be served by public water based on County Policy, The City of Winchester is the provider of public water service within this area of the County, which is managed by the City of Winchester Public Services Department, The City of Winchester has an existing t2-inch water transmission located on the east side of Front Royal Pike that provides public water service to the commercial land uses on the west side of Front Royal Pike (U.S. Route 522 South). An 8-inch water line is looped off of the 12-ittch 5 water transmission line that adjoins the southern boundary of the subject property within a 10- foot easement that is accessible to the property. Based on comparable discharge patterns, the City of Winchester Public Services Department 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. Q = 75 gallons/day per 1,000 square feet commercial Q = 75 GPD x 8.192 (81192 sq.ft,/1,000 sq.ft.) Q=614.40GPD TOTAL: Q = 615 GPD projected water demand The City of Winchester obtains potable water from the North Fork of the Shenandoah River, which is treated at the Percy D, Miller Water Treatment Plant located near Middletown. The Percy D. Miller Water Treatment Plant can treat approximately 10 MGD of potable water daily, which is transmitted to serve all properties in the City of Winchester; as well as some properties in Frederick County. The City has sufficient water capacity to serve these properties, as welt as sell excess capacity to the Frederick County Sanitation Authority to supplement other water systems in Frederick County, The Applicant has met with the City of Winchester Public Services Director to discuss the proposed development project and was advised that the City has adequate capacity to serve this project and that the existing 8-inch water loop provides adequate pressure and fire flow for all commercial land uses within this portion of the County. Therefore, the proposed rezoning can be sufficiently accommodated by public water service through a system with adequate conveyance, capacity, pressure and fire flow. The proposed Discount *fire will use significantly less water from the public system than that of the previous restaurant use at this site, SITE DRAINAGE The topographic relief of the 1.204 +/- acre subject property generally follows a northeasterly pattern, which directs site drainage towards existing inlets on site. The Applicant prepared an ALTA Survey for the 1.204 -f-/- acre subject property, which identifies a 10-foot drainage easement on the property that has been improved with a drop inlet and storm sewer line that ties into the overall drainage system constructed during the development of the Cracker Barrel site. This stormwater collection system conveys stormwater to a regional stormwater management facility that was constructed during the development of the Cracker Barrel site; therefore, development of the subject property will utilize this regional facility. The 1,204 +/- subject property will comply with ail water quality and quantity regulations. The Applicant will work with the County Engineer during the Site Development Plan process to identify stormwater volumes from the proposed development of the subject property to ensure that there are no detrimental impacts to the regional stormwater management facility and to adjoining properties. The stormwater management plan and erosion acid sediment control plan will be designed in conformance with all applicable state and local regulations; therefore, site on drainage and storm\vater management impacts to adjoining properties and the community will be mitigated, SOLID WA STIE DISPOSAL The impact on solid waste disposal facilities associated with the development of the proposed Discount Tire retail store on the 1.204 +/- acre subject property 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, 0 Edition). The Applicant proposes to develop a Discount hire retail store that is approximately 8,192 square feet with G service bays; therefore, solid waste disposal impacts are based on the following figures that provide the increase in average solid waste volume based on the development of this facility: AAV = 5.4 cu.yd, per 1,000 square. feet commercial AAV = 5.4 cu. yd, x 8.192 (8,192 sq.ft./1,000 sq,ft.) AAV = 44.24 cu. yd. at build -out, or 5.53 tons/yr. at build -out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected commercial development will generate approximately 5.53 tons of solid waste annually on average. This represents a 0.003% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the commercial development will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact, The proposed Discount Tire will produce significantly less refuse than that of the previous restaurant use at this site. Used tires will not be included as part of the solid waste generated from this site to be transferred to the Regional Landfill. Discount Tire has a separate collection and recycling program for the used tires generated from their facilities. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. HISTORICAL SITiES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies the Garber Farm (434-424) within close proximity of the 1.204 +/- acre subject property. The Garber Farm was inventoried as part of the overall report; however, the property was not recornmended for inclusion on the list of potentially significant properties in the final report. The Garber Farm has been subdivided into multiple properties, which are developed as commercial and residential land uses along Garber Lane (Route 763), and as commercial land uses along Front Royal Pike(U,S. Route 522 South). The National Park Service Study of Civil Vlrar Sites in the Shenandoah Valley identifies the 1.204 A-/- acre subject property as being located within the First Winchester study area boundary, and within close proximity of the First Winchester core battlefield area boundary, The final report identifies all land within the study area boundary that is located in the southeastern quadrant of Interstate 81 Exit 313 as having lost integrity due to the existing commercial and residential land use development patterns: as well as the construction of Interstate 81. 7 0 The development of commercial land use on the 1.204 +/- acre subject property is consistent with other properties in this area of the County. The Senseny/Eastern Frederick Urban Area Study does not identify this area of the County as historic or as a developmentally sensitive area. The proposed rezoning of the property will not create negative impacts associated with historic properties and historic resources. OTHER POTENTIAL IMPACTS The commercial development of the 1.204 +/- acre subject property will provide new economic development opportunities for Frederick County, which has been determined by the County's Development Impact Model to be positive in the consideration of fiscal impacts to County Capital facilities. It is recognized that the development of commercial land use has the potential to increase service demands on fire and rescue services; therefore, the Applicant's Proffer Statement provides a monetary contribution of $0,10 per developed building square foot to the County to provide additional revenues that are specifically directed to fire and rescue services. There arc no other identified potential impacts above those discussed in this Impact Analysis Statement that would be detrimental to surrounding properties or to the County from the rezoning and development of the 1.204 +/- acre subject property. Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: January 22, 2020 Public Hearing Held, Postponed BOARD OF SUPERVISORS: February 12, 2020 ORDINANCE AMENDING THE ZONING DISTRICTMAP REZONING #07-19 GENTLE HARVEST, LC WHEREAS, REZONING 407-19 GENTLE HARVEST, LC, submitted by Thomas Moore Lawson, P.C. to rezone 1.204+/- acres from the 132 (General Business) District to the B3 (Industrial Transition) District with proffers with a final revision date of November 21, 2019. The subject property is located at 120 Front Royal Pike, in the Shawnee Magisterial District, and is identified by Property Identification 64-A-IC; and WHEREAS, the Planning Commission held a public hearing on this rezoning on December recommended approval; and WHEREAS, the Board of Supervisors lield a public hearing on this rezoning on January 22, 2020 and postponed it to February 12; and the Board of Supervisors held a public meeting on February 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 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 rezone 1.204+/- acres fronn the B2 (General Business) District to the B3 (Industrial Transition) District with proffers with a final revision date of November 21, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 12th day of February 2020 by the following recorded vote: Douglas McCarthy Judith McCann -Slaughter Kris C. Tierney Frederick County Administrator • 0 'To he vompleled .hv Plannhig S'Iq fj. I'm Amount Paid $ `- I:;C.) Zoning Amendment Number C' I 1 `% Anticipated PC Hearing Date k. Date Received _I I -?1-19 Anticipated DOS Hearing Datu t ' V' REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Gentle Harvest LC Specific Contact Person if Other than Above: Thomas Moore Lawson, Esquire Address: P.O. Box 2740, Winchester, VA 22604 Telephone: (540) 665-0050 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: tlawson@Isplc.com Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Halle Properties LLC Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Thomas Moore Lawson, P.C, Specific Contact Person at Firm: Thomas Moore Lawson, Esquire Address: P.O. Box 2740, Winchester, VA 22604 Telephone: (540) 665-0050 Email: tlawson@Isplc.com Please note that, if' a law Firm, engineering firm, or other person, other than the owner of the property, will be acting on belialf of the owner and/or executing papers on behalf of the owner in conncetion with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. 4. Project Name (if any): Discount Tire 5. Property Information: a, Property Identification Number(s): 64-A-1 C b. Totat acreage of the parcel(s): 1.204 c. Total acreage of parce](s) to be rezoned (if other than whole parce)(s) is being rezoned),- d. Current zoning designation(s) and acreage(s) in each designation: B2 (1,204 acres) e. Proposed zoning designation(s) and acreage(s) in each designation: B3 (1.204 acres) f, !Magisterial District(s); Shawnee g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 120 Front Royal Pike, Winchester, VA 22602 h. Adjoining Properties: Parcel ID Number 64-A.1B 64•A-1D 64•A-1 Use office buildrng We( roadway Please attach additional page(s) if necessary. Zonin 82 82 B2 Property identification numbers, magisterial districts, and deed !look and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Deal Estate Division. 107 North Kent Street, Winchester, VA 22601. • 6. Disclosure of real parties in interest. Virginia Code ti 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete diSCIOStn'e of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses ofall real pariies of interest. Frederick County has, by County Code $ 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, auy entity that is an owner or contract purchaser of the property (you need not indicate the arnount or extent of the ownership interest). Please note that this requirement dots not apply to a corporation Whose: stock is traded oil a national or local stock exchange and having mote than 500 shareholders. See attached. Please attach additional pai,e(s) it' necessary, 7, Checklist. Please check that the following items have been included with this application: 21 Location Map Q✓ I'lat Depicting Metes/Bounds of Proposed Zoning F1-71 Impact Analysis Statement Proffer Statement (if any) Agency Comments 0 Fee ED Copies of Deeds) to Property(ies) 21 Tax Payment Veriliication ✓V Digital copies (pdt-s) ot'all subrnittzd items E G. Disclosure of real parties in interest, Property Owner: Gentle Harvest LC Sole Owner: Sak Group, LC 8458 W. Main Street Marshall, VA 20115 Sandy Lerner, Manager D. Brook Middleton, Manager 8458 W. Main Street Marshall, VA 201 t5 Applicant: Halle Properties LLC Managing Member: Wilanna, Inc. 20225 N. Scottsdale Road Scottsdale, AZ 85225 Lisa M. Halle Pedersen, President and Director Michael S. Zuicback, Treasurer and Director Douglas S. Wilson, Secretary Timothy J, Schafer, Officer Susan R. Halle Lyle, Director Diane M. Halle, Director Bruce T. Nalle, Jr., Director R.T. Corp, Shareholder 20?75 N. Scottsdale Road Scottsdale, AZ 85255 Member: Teton-Pitkin L.L.C. 20225 N. Scottsdale Road Scottsdale, AZ 85255 BTJHR TP Tru: t u/a BTH 2O03 TP Irrevocable Trust LMHP'FP Trust u/a BTH 2O03 TP Irrevocable Trust MSZ TP Trust u/a BTH 2003 TP Irrevocable Trust SRHL TP Trust u/a BTH 2003 TP Irrevocable Trust 4785 Caughlin Parkway Reno, NV 89519 LI 7. Signature(s): l (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board ol'Supervisors to amend the coning ordinance to change the zoning map of' Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for tiite inspection purposes. l (\ve) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right -of --way until the hearing. I (we) hereby certify that this application and its accornpanving materials are true and accurate to the best of ou r KIledgPIC Owner: Date ICsiiggning on behalfofan entit . please state name oFentity and your title: e,- ,, -Ot- )i A - Owner: Date If signing on behalf ol•an entity, please state name ofentity and your title: Other Applicant Party (ifany o.UII>Irl ll'signing on bchalfof an entity, please state name ol•entity and your title: 1—It�CCc,� f-='—c)�'r�2>"1r�S_ t'1SStSt►l,�ir i.�tC-G I�tiSr�;CL.r•,-_t�`C'?�t�T� If additional signature lines are necessary, such as 'ti'more than two persons are owners. please use additional copies ofthis page. REZONING APPLICATION 807-19 `c CO GENTLE HARVEST, LC. Q4,�,�� Staff Report for the Board of Supervisors Prepared: January 16, 2020 w Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director ine Reviewed Action Planning Commission: 12/18/19 Public Hearing Held; Recommended Approval Board of Supervisors: 01/22/20 Pending PROPOSAL: To rezone 1.204+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. LOCATION: The subject property is located at 120 Front Royal Pike. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/22/20 BOARD OF SUPERVISORS MEETING: This is an application to rezone 1.204+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The site is located within the limits of the Senseny/Eastern Urban Area Plan of the 2035 Comprehensive Plan and identifies this property with commercial land use designation. In general, the existing B2 zoning and the proposed B3 zoning are consistent with the current land use supported by the Comprehensive Plan, however; the Comprehensive Plan states that this area should be designed specifically to accommodate and promote highway commercial land uses. Staff would note that the site was previously utilized for a restaurant which is now closed and the intended user for this site is a Discount Tire. The proffers associated with this rezoning request are as follows: Proffer Statement — Dated November 21, 2019: 1. Land Use Restrictions: 1.1 The Owner hereby proffers not to engage in the following uses on the Property: • Landscape and Horticultural Services (SIC 078) • Local and Suburban Transit Services (SIC 41) • Motor Freight Transportation & Warehousing (SIC 42) • Transportation by Air (SIC 45) • Utility Facilities and their Accessory Uses (SIC 49) • Drive -In Motion Picture Theaters (SIC 7833) • Tractor Truck & Tractor Truck Trailer Parking (No SIC) 1.2 When used in these proffers, the "Preliminary Landscape Plan", shall refer to the plan entitled "Preliminary Landscape Plan" dated September 24, 2019. The Preliminary Landscape Plan shall be incorporated by reference herein as "Exhibit 1 ". The Owner proffers that its development of the Property will be in substantial conformity with the Preliminary Landscape Plan. Rezoning #07-19 GENTLE HARVEST LC. January 16, 2020 Page 2 Staff Note: This proffer seeks to implement the Senseny/Eastern Urban Area Plan that states "enhanced area of buffer and landscaping shall be provided adjacent to the Interstate 81 right-of-way and its ramps". 2 Monetary Contribution to Offset Impact of Development 2.1 The Owner hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue Services. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning #07-19 GENTLE HARVEST LC. January 16, 2020 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisois to assist them in making a decision on this application. It may also he rrsefiil to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff lvhere relevant throughout this Staff report. Reviewed Action Planning Commission: 12/18/19 Public Hearing Held; Recommended Approval Board of Supervisors: 01/22/20 Pending PROPOSAL: To rezone 1.204-F/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. LOCATION: The subject property is located at 120 Front Royal Pike. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-1C PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant Restaurant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) Use: Commercial/Route 50E South: B2 (General Business) Use: Commercial East: B2 (General Business) Use: Commercial West: B2 (General Business) Use: Commercial Rezoning #07-19 GENTLE HARVEST LC. January 16, 2020 Page 4 REVIEW EVALUATIONS: Virginia Dent. of Transportation: VDOT has no objection to the rezoning as presented. Frederick -Winchester Service Authority: FWSA will defer to Frederick Water. Frederick Water: Thank you for the opportunity to provide review comments on the Discount Tire rezoning application. The subject property located 120 Front Royal Pike, Winchester, Virginia, is currently served by the City of Winchester. Through redevelopment of the site, the City will continue to provide the water and sewer services. Frederick County Department of Public Works: We offer no comments at this time. Frederick County Fire Marshall: Plan approved. Winchester Regional Airport: None. County of Frederick Attorney: Proffer is in acceptable legal form. City of Winchester: The City of Winchester has reviewed the following: Discount Tire Site Plan at 120 Front Royal Pike, Winchester, VA 22602. Based on our review, we have the following comments: Water 1. The existing water main and water meter may need to be relocated. If it is the case, vacation of existing easement and dedication of new easements may be required. 2. Please show location of all existing utility including water main, sewer main, lateral, water services, clean out and water meter. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the parcel as B2 (General Business). 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. Rezoning #07-19 GENTLE HARVEST LC. January 16, 2020 Page 5 The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Lancl Use The 2035 Comprehensive Plan and the Senseny/Eastern Urban Area Plan provide guidance on the future development of the property. The property is located within the SWSA. The Senseny/Eastern Urban Area Plan identifies this property with commercial land use designation. In general, the existing B2 zoning and the proposed B3 zoning are consistent with the current land use supported by the Comprehensive Plan, however; the Comprehensive Plan states that this area should be designed specifically to accommodate and promote highway commercial land uses. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/18/19 MEETING: Staff provided an overview of the application and the proposed proffers. Mr. Ty Lawson, representing the Applicant, stated no mechanical work will be performed at the site or will no hazard waste such as oil or antifreeze will be handled at the site. The customer transactions will be completed in 30 to 45 minutes per vehicle with no unattended or overnight vehicles. The hours of operation are proposed are Monday — Friday 8a.m. to 6p.m, Saturday 8a.m. to 5p.m. and closed on Sunday. Also, Civil Engineers of the Kimley-Horn Planning and Design Consultants presented an overview of the proposed new building design with landscaping. The bays will be facing Front Royal Pike. The building is set back about 150 ft. from the road. They concluded that the new building will be set back further than the existing building. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. Steve Parish, Senior Vice President for the Aikens Group, commented against the rezoning to the Industrial Transition District on behalf of the surrounding owners' properties. Mr. Parrish continued that the zoning allows various uses that could be harmful to their property values. Ms. Becky Morrison came forward and shared her concerns about the used tire recycling procedures. The Kimley-Horn representatives for the Applicant, said that Discount Tire has a vendor that will be picking- up the used tires to be recycled and no tires will be stored outside. The proposed building will have an area for storage of the used tires until they are picked up for recycling. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Ambrogi commented, on the length of time that the building has been vacant. Staff responded that the existing building has been vacant for a few years. Also, Commissioner Ambrogi asked about the how the traffic will access the property. Mr. Lawson said the access is a paved road that was dedicated to the County back in the 80's with less trips than the previous owner because of the different use. Planning Commission ultimately recommended approval of the rezoning application. Following the required public hearing, a decision regardink this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adeguatelV address all concerns raised by the Board of Supervisors. Applic g Parcels Parcels B2 (General Business District) 0 50 100 200 Feet Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: November 25, 2019 8ApplicationParcel Parcels M Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 200 Feet Map Created: November 25, 2019 REZ # 07 - 19: Gentle Harvest, LC ?Application Parcels Long Range Land Use Residential l� Neighborhood Village Urban Center • Mobile Home Community O Business C Highway Commercial Mixed -Use ® Mixed Use Commercial/Office ® Mixed Use Industrial/Office • Industrial ® Warehouse iD Heavy Industrial ® Extractive Mining e� Commercial Rec 7 Rural Community Center 48) Fire 8 Rescue ® Sensitive Natural Areas ® Institutional - Planned Unit Development a/// Park Recreation School Employment Airport Support Area Q B2/B3 O Residential. 4 u/a Q High -Density Residential, 6 u/a Q High -Density Residential, 12-16 u/a !� Rural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation ++ Environmental & Recreational Resources PIN: 64 - A - 1 C Rezoning from B2 to B3 Long Range Land Use Map `r REZ' �. 7-19� 0 50 100 200 Feet 11 f Ap41 i� DE.4COp i Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: November 25, 2019 0 • PROFFER STATEMENT REZONING: RZ# General Business (112) to Industrial Transition (133) PROPERTY: 1.204 Acres -1-/-; Tax Map Parcel 64-A-1 C (the "Property") RECORD OWNER: Gentle Harvest LC APPLICANT: Halle Properties LLC PROJECT NAME: Dlseoltnl 'fire ORIGINAL DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above - referenced B3 conditional rezoning is not granted as applied for by the owner ("Owner"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final- rezoning' defined as that rezoning which is in effect oil the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following winch the decision has been affirmed on appeal. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: • Landscape and Horticultural Services SIC 078 • Local and Suburban Transit Services SIC 41 • Motor Freight Trmsportation & Warehousing SIC 42 • Transportation by Air SIC 45 • Utility Facilities & Their Accessory Uses SIC 49 • Drive -In Motion Picture Theaters SIC 7833 • Tractor Truck & Tractor Truck Trailer Parking No SIC 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the ,proffers. The improvements proffered herein • shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement; unless otherwise specified herein. The term "Owner" as referenced herein shall include within its tearing all future owners mid successors in interest, When used in these proffers, the "Preliminary Landscape Plan," shall refer to the plan entitled "Preliminary Landscape Plan" dated September 24, 2019. The Preliminary Landscape Plan shall be incorporated by reference herein as `Exhibit L" The Owner proffers that its development of the Property will be in substantial conformity with the Preliminary Landscape Plan, 2. Monetary Contribution to Offset Impact of Development 2.1 The Owner hereby proffers to- provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue Services. The monetary contribution shall be made payable to Frederick County at the time of the issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property, SIGNATURES APPEAR ON THE FOLLOWING PAGES 2 1] Respectfully submitted, GE'NTL1? HARVEST LC By: Its: STATE/COMMONWEALTH OF , AT LARGI CITY/COUNTY 01 flit G !�i 'mot , To -wit: 'f e foregoin instrument iva. acknowledged before nic this day of r�UV 2019, by c . ADaiGENTLE HARVEST LC. A / A �O'I ARY PUBLIC / My commission expires: �� _ D_ 6!5, �•,�� Registration number: _r7�, REG 8��i' $ 7293432 n . coMMIssION p' XPIRES 111,111TNf �% 3 0 HALLE PROPERTIES L6C By: Its:_— STATE/COMMON WEALTH OF 1Y II~�.kr ir-)6 , AT LARGE CITY/COUNTY OF 1(.-)f sAJ.r' i6 ) otj, , To -wit: The foregoing instrument was acknowledged before me this /,g day of `,h'r it-, '/- 2019, by 1 .l.t of I-IALLE PROPERTIES LLC. KATHY PETERS Wary PuUlc - Arizona 1 GOdYiriii88iOn # 584772 My Commission Expkes Jur►9 07, 2023 NOTAR'-'PUBLIC My commission expires: oo!) Registration number: 5t,D(( DTI Z 4 • EXHIBIT 1 • 0 u PLANTING LEGEND SHADE TREES /0 ORNAMENTALTREES 4 EVERGREEN TREES SHRUBS / colowoo FRONT ROYAL PIKE -t 0 10 20 •- ....1.-,a. aw a."sD •as *C ROM 60•-�•!-!K: �A.YIE• •'CAM CV• O Q T 1 R E DTC STORE VAN 11759 120 FRONT ROYAL PIKE WINCHESTER, VA 22602 ot� C •t C.ID c s -A' '•iYrV . �R NDSC PF t ANCSCA PLAN wcl .wF[4 y • C� 171 I. ARAPI.� . I.41�A.J •i , I SPJT_FE CYv <p I •Alt ., •y�1 HOLLOW META; 00<> eta D AA is -MILE B0._A4D xrCR TO B; A7 • ( j ,r•j WUR._ CO -DR 54-.i'- ,- V L ALCr%l &AND NORTH ELEVATION O rW. PAArtEp t.r . "IL:, :.L�.L.n Ha,1r --^ 120 „'Ii firE` �! 0 w.'ARG e44" 1 } �.4.xlln(Dsr[rlhl�r I { fl WK- YTD lj i• L r•,I nxn,RF I 4 r Ta,�O TR4I.504. iP •J •.WMJY �':A.(21IDNt - %Al w1, _x 44 lAWll I DC", Y•YD It E " s 14' , T4K0 C Y C S�u(T" COPNC �Ir CIJ a. C4N-i [IFS ^ -, S Ast, •, y 4 :u`41(,1 KAI M y �Ir+AN WC04AKr.A. JWT6 - 120 DISCOUNT TIRE v LLUIM.ATED WA,I_MOUNTED :'I M-N S• l'. T7CRS YL.MAC COL ETe•ID/.IT a mi WIN P"'ll (OWXR ^PAAATE PEFWT; --_ S1`.' rA1 ;, `�CYu 4C'-+-1:1 114\: EAST ELEVATION SOUTH ELEVATION [. U .AM, 4" . , ,.. (D RA a tt) TO. TANA.11 �% WKL r•. • i20 i1•r- FAC( C N v 1/ CCAUK L`" MIT W`A I _ ) ... - �-_ __ NA4 " S[\(bA( - IA. 1. f• � � � �� . - - �-..�. 1 _ —1 . M).T : Y'IM oo P%F-FINISN(O •TAN' :J .• y r��•� _ . - ) T _ $ jot; N.II. F 1 i ST((L BEAN w'-fTf4 T.LwNS«('. CY.. �l INl, 11 ATM.^i <B> Nit'kY .YIN, DUQWr .rILD C'LI , dLWA- C T TERy NOR.IED .. S• lC% MTCTK '. CIJ '!- T I4:! C M J 1. p. AT P<A:'1 S '+[ 90[:..Y '•R F:O(A, ):A[(KSL - •AEIA' `-l�.b r/Y ,'( NATCN S'A•DARC CYU W,11• PlPIT[O eR'S+ prIPVV 7.1i N:'7.L 1.1 IN.V" ',A\ IHAT FACE TK :Tt'R:4:M1 11 ^<`.v'CLNNCS [,/S (LP'D`? C;PAP41( rYAM 11 'IIFE4 ID . OIl a r Lip AN :V'-1.4 PAW' ., "T", D\ MI pPIFA L-COL(R. A Mt . ru • I^4(' WEST ELEVATION •.Lwa•rW P„7w ++tII 7Lr rc DISCOUNT n` w^ I ' P.1 ' , CONCEPTUAL ELEVATIONS (''.y � .T•Yr4 Vf,aP'.�1hf AR-Af 1FM' 1 ,Ht\W ♦. T I R E� VT-„..D�.1f120 FRONT ROYAL PIKE -T. 1_' .4 ur MAWIf .11IL% Y', t11 Y'f 1 1 t, '�1 A WINCHESTER, VA 22603 '1(l ,_S f '' 7 tlTMJtt A'!r•iP 7 B : :.A Il.pM 1 Al t'Nw Jr STCR[/W Y.T `A FINISH LEGEND ape / PA41T NOTEY �: L•AAi I'Art,1R;P5 S-u.DAR; :7LDN 'D LA 11 ,.., AP •-,aL 9' [ PL`•L. PE;- -f AL C'.--.OR Cvl ". IL I-r.Ct c F. l? .'. NC•:O) IL •AArcl SIR -9.7 ,C 7lM A_ IS^AL S-DI'C. © uc Ar w ".I A'A V_. PMTIrI SW .tip CXn'..4 FtWA, SI(wL' ® „NA• v.rt-IACr c-•J PAw-I: rW rt: -m,4. r Wtr G� PA-T SKFA4 WILAYS Sli 611-1 -AN',.,'! Rw Tr' �/ AC7a' PU.D-A.%-FO '.r 7.1$-S.MhI': ',MATE' •'t TAL �_-1Au - TA,1•L. +LWL A :.. .#S+ TC 1•1 L-N Sr 2627 �i16L..:•TCOS PAW, T[D :W 2627 -CJ.:N RE,AItK ST}iE- OCO-t4PCS CAIM'f^ 'W ;Il17 --3L7 •. Rr vK ST'71E- (� NLL'CW METAT DOORA .MNItL •" -L:' .. Oriel RE IA AL S--NF' © ?K.T ! ICRMN ALl/A•S SW E11'1 :'.-:,.E A" TE- C_NFR W,T17 A bSCQ1NT TIRE B'ADINC S:CN40i LACER SEPARATE PERMIT B ADDRESS SCN AND LOCAT•ON PIP LOCK CITY CODE B' "NSMD Ow ACCE4' IIAFD ` :—_7 . L;i 1 e' $Pul FADE cw WALL - XPAL COLOR TO MAT•, I J QOG IF' A - --1 '/2' . 1 1;2' , 3111' STEEL TUN CATE rRAN( r BVT[16'fEL :v- TI D �, rvu, WELD - PAw T. ACCENT BAWD ' 6• SPLIT rACE CWU RKL - 41 COLOR TO MATCH BLDG B- BLb.9[D Cru `\L ACC(NT BAN- >r )/i MINDA CAW[ CEN PER ON. wt(AK CL A I"r f 2: GA BOLT MI. SLUAs 6 :CWC SLAB - OP(4 CML TO N" ?.rG CORPUGATED META. EL DEC[ - RELOTO A"D Q[D 1.Og DST10NS 6- t Tau STILL TaSTILL PO4 FILL TNT OF GATE SOUR RIN _OMC_ am "o4ts TO rRAME FAQ of PrE :A. OF 3 FONT ELEVA'ICr, i WW: V AM IA FHLNT Or CMA, JSLIK , \ 6• '4A PANTEO BOLLARDS, r'➢ 0 Pru RIALL- BIADtIG W TERLA-S 10 WATCH REV DF RIAtDtIi W1l[SS NOTED MNCPRISC PAPIIED 6'-O- -0- CAWS, STCEL C(CIL f ASTr4rD TO 0190E OF NEIK FRAYS •' E A $LLLKS 14R CANT B.\TS (TN OF e, I_ONCw?t SrCMN. TO K At RLORCED rN K`V RESAPS T 16' 0^. PI WAIIS CENIERLD IN COIOKTE SC( SITE III AN MOP TRASH ENCLOSURE PLAN / ELEVATIONS 357 I ,1lr, :ew •a REV. 0 DATE: 08.05.2019 JOB No.: VAN 117S9 DRAWN BY: CF Sheet No. FE DISCOUNT TIRE RETAIL STORE DEVELOPMENT INTRODUCTION This report has been prepared For the purpose of assessing the impact on Frederick County by the proffered rezoning of a 1.204 +/- acre subject property owned by Gentle Harvest LC and identified as Tax Map Parcel 64-A-IC. The subject property is located on the west side of Front Royal Pike (U.S. Route 522 South) at the intersection of Front Royal Pike (U.S. Route. 522 South), Millwood Pike (U.S. Route 50) and the Interstate 81 Exit 313 northbound on -ramp, and is currently zoned B-2, Business General District, The Applicant proposes to rezone the 1.204 +/- acre subject property to B-3, Industrial Transition District, with proffers to allow for the development of a Discount Tire retail store that is approximately 8,192 square feel with 6 service bays along the commercial corridor. Basic Information Location: Fronting on the west side of Front Royal Pile (U.S. Route 522 South); at the intersection of Front Royal Pike (U.S. Route 522 South), Millwood Pike (U.S. Route 50) and the Interstate 81 Exit 313 northbound on -ramp Magisterial District: Shawnee District Property ID Dumber: 64-A-I C Current Zoning: B-2, General Business District Current Use: Vacant Restaurant Proposed Zoning: B-3, Industrial "Transition District Proposed Use: Discount Tire Retail Store Total Rezoning Area: 1.204 +/- acres with proffers for the subject property COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial and institutional land use development is encouraged in the County. The 1.204 +/- acre subject property is currently located in the UDA; therefore, expansion of the UDA boundary to accommodate the proposed development of commercial land use is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas of the County in which commercial and industrial land use development is only desired. The 1,204 -1 /- acre subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed development of commercial land use is not required for this rezoning application. Comprehensive Plan Conformity The 1,204 +/- acre subject property is located in the UDA and the SWSA and is within the study area boundary of the Senseny/Eastern Frederick Urban Area Study. The Senseny/Eastern Frederick Urban Area Study 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 1.204 +/- acre subject property is identified for B2/B3 commercial land use; therefore, the proposed B-3, Industrial Transition District rezoning is in conformance with the land use recommendations of the Comprehensive Plan Policy. The Comprehensive Plan specifies that the 1.204 +/- acre subject property should accommodate and promote highway commercial land uses. The B-3, Industrial Transition District rezoning is proposed to allow for the development of the Discount Tire retail store, which has been determined not to be a permitted stand-alone land use with the B-2, Business General District, The Discount Tire retail store, being a retailer of tires and wheels for motor vehicles with service bays for the installation of the same, is an appropriate highway commercial land use along a major commercial corridor. SUITABILITY OF THE SITE Access The 1:204 +/- acre subject property is located on the west side of Front Royal Pike (U.S. Route 522 South), approximately 380 feet north of the Front Royal Pike/Travel Lodge Drive signalized intersection. Access to the subject property will be through the Front Royal Pike/Travel Lodge Drive signalized intersection. Flood Plains The 1.204 -t-/- acre subject property does not contain areas of floodplain as demonstrated on FEMA NFIP Map #51069CO216D; Effective Date September 2, 2009; as well as information from the 'l7rederick County .GIS Database. Wetlands The 1.204 +/- acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database. Soil Types The 1.204 +/- acme 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: 313 Blairton Silt Loams 24% slope 2 The Blairton Silt Loam soil type is identified as a prime agricultural soil and has severe wet properties. The existing commercial land uses that have been constructed along the east and west sides of the Front Royal Pike (U.S. Route 522 South) commercial corridor contain the same soil type, and the subject property is not conducive for agricultural land use per the Comprehensive Policy Plan. The soil type is conducive for commercial development of the subject property. Other Environmental Features The 1.204 +/- acre subject property does not contain areas of steep slope, lakes or p natural stormwater retention areas as defined by the Frederick County Zoning Ordinance are no known environmental features present that create development constraints proposed commercial development project. Adjoining property zoning and present use. North: Millwood Pike/Interstate 81 Exit 313 northbound on -ramp South: B-2, Business General District West: B-2, Business General District B-2, Business General Use: I-lighway/Interstate Retail/Grocery The 1.204 +/- acre subject property is located on the west side of Front Royal Pike (U.S. Route 522 South), approximately 380 feet north of the Front Royal Pike/Travel Lodge Drive signalized intersection. Subsequent to final rezoning approval, access to the subject property will be through the existing intersection. In order to assess the potential traffic impacts for the proposed Discount Tire retail store, the Applicant has analyzed the trips generated by the existing use of the site compared to the trips generated by the proposed use, a Tire Store. Restaurants (SIC 58) would be the appropriate land use to compare to the proposed Discount Tire retail store (SIC 75), The Applicant analyzed traffic study data from the Institute of Traffic Engineers (ITE) Manual, 10"' Edition specific to a Quality Restaurant (931) and Tire Store (848). The following analysis compares traffic volumes for the Weekday AM and PM Peak Hours, the Saturday Peak Hours, and the Sunday Peak Hours assuming 7,554 square feet of Quality Restaurant (931) and 8,192 square feet of Tire Store (848) land use specific to the ITE traffic study data: 0 B-2, Business General Land Use ITE (931) Weekday AM Peak; Q = 0.73 Trips per 1,000 square feet gross floor area Q = 0.73 Trips x 7.554 (7,554 sq.ff./1,000 sq.ft.) Q = 5.51 or 6 Trips ITE (931) Weekday PM Peak: Q = 7,80 Trips per 1,000 square feet gross floor area Q = 7.80 Trips x 7.554 (7,554 sq.ft./1,000 sq.ft.) Q = 58,92 or 59 Trips ITE (931) Saturday Peak: Q = 10.68 Trips per 1,000 square feet gross floor area Q = 10.68 Trips x 7,554 (7,554 sq.ft./1,000 sq.ft.) Q = 80.67 or 81 Trips ITE (931) Sunday Peak: Q = 7,80 Trips per 1,000 square feet ,gross floor area Q = 7,80 Trips x 7.554 (7,554 sq.ft./1,000 sq.ft.) Q = 58.92 or 59 Trips B-3, Industrial Transition Land Use [TE (848) Weekday AM Peak: Q = 2.72 Trips per 1,000 square feet gross floor area Q = 2.72 Trips x 8.192 (8,102 sq.ft./1,000 sq.ft.) Q = 22.28 or 23 Trips ITE (848) Weekday PM Peak: Q = 3.98 Trips per 1,000 square feet gross floor area Q = 3.98 Trips x 8.192 (8,192 sq.ft./1,000 sq.ft.) Q = 32,60 or 33 Trips ITE (848) .Saturday Peak: Q = 5.05 Trips per 1,000 square feet gross floor area Q = 5.05 Trips x 8.192 (8,192 sq.ft./1,000 sq.ft.) Q = 41.37 or 42 Trips ITE (848.) Sunday Peak: N/A The ITE projected traffic volumes identified above indicate that the proposed Discount Tire retail store (848) has the potential to decrease traffic volumes during the weekday peak .hours by approximately 0-9 Trips and by approximately 30 Trips during the .Saturday peak hour compared to the Quality Restaurant (931) land use. The Sunday .trips generated are not .applicable as Discount Tire is not open on Sundays, and therefore will not generate any trips. These calculations demonstrate a decrease in potential traffic volumes during these time frames, (approximately 3 vehicles every 15 minutes during the weekday peak hours and approximately 10 vehicles every 15 minutes during the Saturday peak hour), The proposed Discount Tire .retail store will result in an. overall decrease in trips, compared to that of the existing restaurant. Therefore, it is assumed that the infiastructure in place is adequate for the proposed development. • 0 SEWAGI; COVEYANCE AND TREATMENT The 1,204 +/- 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 City of Winchester is the provider of public sewer service within this area of the County, which is managed by the City of Winchester Public Services Department. The City of Winchester has an existing 8-inch gravity sewer line that enters the subject property through the southern boundary of the subject property within a 20-foot easement that is accessible to the property. All commercial land uses on the west side of Front Royal Pike (U.S, Route 522 South) within proximity of the subject property convey sewer effluent through the 8- inch gravity sewer line that goes under Interstate 81 to a manhole located on the Apple Blossom Mall parcel, which then gravities to the Abram's Creek sewer transmission line that connects to the Opequon Wastewater Treatment Facility. Based on comparable discharge patterns, the City of Winchester Public Services Department has determined that 75 gallons/day per 1,000 square feet of commercial land development is an appropriate calculation for estimating the sewer demand for commercial land uses. Q = 75 gallons/day per 1,000 square feet commercial Q = 75 GPD x 8.192 (8,192 sq.f3./1,000 sq.ft.) Q = 614.40 GDP TOTAL: Q = 615 GPD projected sewer demand The Opequon Wastewater Treatment Facility has a total capacity of 12,6 MGD, of which 7,125 MOD is allocated to the City of Winchester. The City of Winchester currently averages approximately 5.0 MGD of the allocated capacity and has approximately 2,125 MGD of allocated capacity available for future development projects. The projected 615 GPD for the proposed project represents 0.0003% of the available treatment capacity; therefore, the proposed rezoning can be sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity and treatment. The proposed Discount Tire will generate significantly less sanitary sewage into the public system than that of the previous restaurant use at this site. WATER SUPPLY The 1,204 +/- 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 City of Winchester is the provider of public water service within thus area of the County, which is managed by the City of Winchester Public Services Department. The City of Winchester has an existing 12-inch water transmission located on the east side of Front Royal Pike that provides public water service to the commercial land uses on the west side of Front Royal Pike (U.S. Route 522 South), An 8-inch water line is looped off of the 12-inch 0 0 water transmission line that adjoins the southern boundary of the subject property within a 10- foot easement that is accessible to the property. Based on comparable discharge patterns, the City of Winchester Public Services Department 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. Q = 75 gallons/day per 1,000 square feet commercial Q = 75 GPD x 8.192 (8,192 sq.ft./1,000 sq.ft.) Q = 614.40 GPD TOTAL: Q = 615 GPD projected water demand The City of Winchester obtains potable water from the North Fork of the Shenandoah River, which is treated at the Percy D. Miller Water Treatment Plant located near Middletown. The Percy D, Miller Water Treatment Plant can treat approximately 10 MGD of potable water daily, which is transmitted to serve all properties .in the City of Winchester; as well as some properties in Frederick County. The City has sufficient water capacity to serve these properties; as well as sell excess capacity to the Frederick County Sanitation Authority to supplement other water systems in Frederick County, The Applicant has met with the City of Winchester Public Services Director to discuss the proposed development project and was advised that the City has adequate capacity to serve this project and that the existing 8-inch water loop provides adequate pressure and fire flow for all commercial land uses within this portion of the County. Therefore, the proposed rezoning can be sufficiently accommodated by public water service through a system with adequate conveyance; capacity, pressure and fire flow. The proposed Discount Tire will use significantly less water from the public system than that of the previous restaurant use at this site. SITE DRAINAGE The topographic relief of the 1.204 +/- acre subject property generally follows a northeasterly pattern, which -directs site drainage towards existing inlets on site. The Applicant prepared an ALTA Survey for the 1.204 +/- acre subject property, which identifies a 10-foot drainage easement on the property that has been improved with a drop inlet and storm sewer line that ties into the overall drainage system constricted during the development of the Cracker Barrel site. This stormwater collection system conveys stormwater to a regional stormwater management facility that was constructed during the development of the Cracker Barrel site; therefore, development of the subject property will -utilize this regional facility. The 1;204 +/- subject property will comply with all water duality and quantity regulations. The Applicant will work with the County Engineer during the Site Development Plan process to identify stormwater volumes from the proposed development of the subject property to ensure that there are no detrimental :impacts to the regional stormwater management facility and. to adjoining properties. The stormwater managemerit plan and erosion and sediment control plan will be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. The Impact oil solid waste disposal facilities associated with the development of the proposed Discount Tire retail store on the 1.204 +/- acre subject property 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"' Edition), The Applicant proposes to develop a Discount Tire retail store that is approximately 8,192 square feet with 6 service bays; therefore, solid waste disposal impacts are based on the following figures that provide the increase in average solid waste volume based on the development of this facility: AAV = 5A cu.yd, per 1,000 square feet commercial AAV = 5A cu. yd. x 8.192 (8,192 sq.f1./1,000 sq.11.) AAV = 44.24 cu. yd. at build -out, or 5.53 tons/yr. at build -out Tile Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected commercial development will generate approximately 5.53 tons of sotid waste annually on average. This represents a 0.003% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the commercial development will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The proposed Discount Tire will produce significantly less refuse than that of the previous restaurant use at this site. Used tires will not be included as part of the solid waste generated from this site to be transferred to the Regional Landfill. Discount Tire has a separate collection and recycling program for the used tires generated from their facilities. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. The Frederick County Rural Landmarks Survey identifies the Garber Farm (#34-424) within close proximity of the 1.204 +/- acre subject property. The Garber Fa in was inventoried as part of the overall report; however, the property was not recommended for inclusion on the list of potentially significant properties in the final report. The Garber Farin has been subdivided into multiple properties, which are developed as commercial and residential land uses along Garber Lane (Route 763), and as commercial land uses along Front Royal Pike (U,S. Route 522 South). The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the 1.204 d-/- acre subject property as being located within the First Winchester study area boundary, and within close proximity of the First Winchester core battlefield area boundary. The final report identifies all land within the study area boundary that is located in the southeastern quadrant of Interstate 81 Exit 313 as having lost integrity due to the existing commercial and residential land use development patterns; as well as the construction of Interstate 81. 0 0 The development of conunercial land use on the 1,204 +/- acre subject property is consistent with other properties in this area of the County. The Senseny/Eastern Frederick Urban Area Study does not identify this area of the County as historic or as a developmentally sensitive ,area. The proposed rezoning of the property will not create negative impacts associated with historic properties and historic resources. OTHER POTENTIAL IMPACTS The commercial development of the 1.204 +/- acre subjectproperty will provide new economic development opportunities for Frederick County, which has been determined by the County's Development hnpact Model to be positive in the consideration of fiscal impacts to County Capital Facilities. It is recognized that the development of commercial land use has the potential to increase service demands on fire and rescue services; therefore, the Applicant's Proffer Statement provides a monetary contribution of $0.10 per developed building ,square foot to the County to provide additional revenues that are specifically directed to fire and rescue services. There are no other identified potential impacts above those discussed in this Impact Analysis Statement that would be detrimental to surrounding properties or to the County from the rezoning and development of the 1.204 +/- acre subject property. 9 CO�� `y h ORDINANCE ,,.CIA, 1734 Action: PLANNING COMMISSION: December 18, 2019 Public I -leaving 1-lelcl, Rccoillillendecl Approval BOARD OF SUPERVISORS: January 22, 2020 ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING H07-19 GENTLE HARVEST, LC WHEREAS, REZONING #07-19 GENTLE HARVEST, LC, submitted by Thomas Moore Lawson, P.C. to rezone 1.204+/- acres from the 132 (General Business) District to the 133 (Industrial Transition) District with proffers with a final revision date of November 21, 2019. The subject property is located at 120 Front Royal Pike, in the Shawnee Magisterial District, and is identified by Property Identification 64-A-IC; and WHEREAS, the Planning Commission held a public hearing on this rezoning on December 18, 2019 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 22, 2020; 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 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 rezone 1.204+/- acres from the 132 (General BUSilless) District to the 133 (Industrial Transition) District with proffers with a final revision date of November 21, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 22nd day of January 2020 by the following recorded vote: Charles S. Del-laven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Gene E. Fisher Judith McCann -Slaughter Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes. #05-20 P Tv be compls(ed !iv Planning Sla,(1. Fee Amount Paid Zoning Amendment Number Anticipated PC Hearing Date k. Date Received _ I t-IJ-19 Anticipated BOS t tearing Date i t -' .t. REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Gentle Harvest LC Specific Contact Person if Other than Above: Thomas Moore Lawson, Esquire Address: P.O. Box 2740, Winchester, VA 22604 Telephone: (540) 665-0050 Name: Specific Contact Person if' Other than Above: Address: Telephone: Entail: ilawson@Isplc.com Email: 2. Other Applicant Part)' (sucli as a contract purehaser) (please attach additional pages) if necessary): Name: Halle Properties LLC Specific Contact Person if Other than Above: Address: "Telephone: l-mail: 3. Law firm, engineering firm, or otlier pet•son, if any, serving as the primacy contact person for this application: Firm Nan,e: Thomas Moore Lawson, P.C. Specific Contact Person at Firm: Thomas Moore Lawson, Esquire Address: P.O. Box 2740, Winchester, VA 22604 Telephone: (540) 665-0050 Email: tlawson@Isplc.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the properly, will be acting oil behalf ofthe owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. • 0 4, Project Name (if any): Discount Tire 5. Property information: a. Property Identification hlumber(s): 64-A-1 C b. Total acreage of the parcel(s): 1204 c. Total acreage of pareel(s) to be rezoned (if other than whole parce](s) is being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: B2 (1,204 acres) e, Proposed zoning designation(s) and acreage(s) in each designation: B3 (1.204 acres) f. Magisterial District(s): Shawnee g. Location - the property is located at (give .street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 120 Front Royal Pike, Winchester, VA 22602 h: Adjoining Properties: Parcel ID Number 64-A-1 f3 64-A•1 D 64-A-1 Use offlce.building hotel roadway Please attach additional page(s) if necessary. Zoning on De Property identification nutnbers, magisterial districts, and deed book and page nurnbers/ instrument numbers may be obtained from the Office of the.Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. 0 • 6. Disclosure of rein parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the cquitnble ownership of the real estate to be afibeted including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list tire. name and address of each person owning an interest in, or who is an officer or director of, ally entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. See attached. Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: IZI Location Map ✓� Plat Depicting Metes/Bounds of Proposed Zoning ✓[� Impact Analysis Statement F✓ Proffer Statement (if an),) 0✓ Agency Comments ❑✓ l.,ce E Copies of Deed(s) to Property(ies) Tax Payment Verification 0 Digital copies (pdt's) of all submitted items • 0 Disclosure of real parties in interest. Property Owner; Gentle Hai -vest LC Sole Owner; Sak Group, LC 8458 W. Main Street Marshall, VA 20115 Sandy Lerner, Manager D. Brook Middleton, Manager 8458 W. Main Street Marshall, VA 20115 Applicant: Halle Properties LLC Managing Member: Wilanna, Inc. 20225 N. Scottsdale Road Scottsdale, AZ 85225 Lisa M, Halle Pedersen, President and Director Michael S. Zuicback, Treasurer and Director Douglas S. Wilson, Secretary Timothy J. Schafer, Officer Susan R. l-Taile Lyle, Director Diane M. Halle, Director Bruce T. Halle, Jr., Director R.T. Corp, Shareholder 20225 N. Scottsdale Road Scottsdale, A2; 85255 Member; Teton-Pitkin L.L.C. 20225 N. Scottsdale Road Scottsdale, AZ 85255 BTJHR TP Trust Lila BTH 2O03 TP Irrevocable Trust LMHP TP Trust u/a BTH 2O03 TP Irrevocable Trust MSZ TP Trust u/a BTH 2O03 TP Irrevocable Trust Sk ,HL TP Trust u/a BTI- 2003 TP Irrevocable Trust 47,85 Caughlin Parkway Reno, NV 89519 E • 7. Signature(s): I (we), the undersigned, do hereby respectfully stake application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property I'or site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right -of --way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of ut ► vledgc Owner: Date If signing on beliaif*of an ent+it please stale nameofentity and your title: Owner: Date If signing on behalf ofan entity, please state name ofentity and your title: Othcr Applicant Party (ifany [I'signing on behalf of an entity, please state name ofentity and your title: H Ot tG,- - 1"!ao ,in-nmr s ks i If additional signature lines arc necessary, such as if more than two persons are owners, please use additional copies of this page. e, o REZONING APPLICATION 407-19 4,CX Cod GENTLE HARVEST, LC. Staff Report for the Planning Commission Prepared: December h, 2019 Staff Contact: Candice E. Perkins, AICP, CIA, Assistant Director I Reviewed Action Planning Commission: 12/18/19 Pending Board of Supei-visors: 01/08/20 Pending PROPOSAL: To rezone 1.204-11- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. LOCATION: The subject property is located at 120 Front Royal Pike. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/18/19 PLANNING COMMISSION MEETING: This is an application to rezone 1.204+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The site is located within the limits of the Senseny/Eastern Urban Area Plan of the 203 5 Comprehensive Plan and identifies this property with commercial land use designation. In general, the existing B2 zoning and the proposed B3 zoning are consistent with the current land use supported by the Comprehensive Plan, however; the Comprehensive Plan states that this area should be designed specifically to accommodate and promote highway commercial land uses. Staff would note that the site was previously utilized for a restaurant which is now closed and the intended user for this site is a Discount Tire. The proffers associated with this rezoning request are as follows: Proffer Statement — Dated November 21, 2019: 1. Land Use Restrictions: 1.1 The Owner hereby proffers not to engage in the following uses on the Property: • Landscape and Horticultural Services (SIC 078) • Local and Suburban Transit Services (SIC 41) • Motor Freight Transportation & Warehousing (SIC 42) • Transportation by Air (SIC 45) • Utility Facilities and their Accessory Uses (SIC 49) • Drive -In Motion Picture Theaters (SIC 7833) • Tractor Truck & Tractor Truck Trailer Parking (No SIC) 1.2 When used in thee proffers, the "Preliminary Landscape Plan", shall refer to the plan entitled "Preliminary Landscape Plan" dated September 24, 2019. The Preliminary Landscape Plan shall be incorporated by reference herein as "Exhibit I". The Owner proffers that its development of the Property will be in substantial conformity with the Preliminary Landscape Plan. Rezoning 1107-19 GENTLI: HARVEST LC. December 6, 2019 Page 2 Staff Note: This proffer seeks to implement the Seiiseily/Eastern Urban Area Plan that states "enhanced area of buffer and landscaping shall be provided adjacent to the Interstate 81 right -of --way and its ramps". 2 Monetary Contribution to Offset Impact of Development 2.1 The Owner hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Dire and Rescue Services. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. 0 Rezoning 1107-19 GENTLE; I-IARVES"1' LC. December 6, 2019 Page 3 This report is prepared by the Fretlerick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a tlecision on this application. It may also he 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: 12/18/19 Pending Board of Supervisors: 01/08/20 Pending PROPOSAL: To rezone 1.204+/- acres From the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. LOCATION: The subject property is located at 120 Front Royal Pike. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-1C PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant Restaurant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) Use: Commercial/Route 50E South: B2 (General Business) Use: Commercial East: B2 (General Business) Use: Commercial West: B2 (General Business) Use: Commercial Rezoning 1107-19 GENTLE HARV1 ST LC. December 6, 2019 Page 4 REVIEW EVALUATIONS: Vir14inia Dept. of Transportation: VDOT has no objection to the rezoning as presented. Frederick -Winchester Service Authority: FWSA will defer to Frederick Water. Frederick Water: Thank you for the opportunity to provide review comments on the Discount Tire rezoning application. The subject property located 120 Front Royal Pike, Winchester, Virginia, is currently served by the City of Winchester. Through redevelopment of the site, the City will continue to provide the water and sewer services. Frederick County Department of Public Works: We offer no comments at this time. Frederick County Fire Marshall: Plan approved. Winchester Regional Airport: None. County of Frederick Attorney: Proffer is in acceptable legal form. City of Winchester: The City of Winchester has reviewed the following: Discount Tire Site Plan at 120 Front Royal Pike, Winchester, VA 22602. Based on our review, we have the following comments: Water 1. The existing water main and water meter may need to be relocated. If it is the case, vacation of existing easement and dedication of new easements may be required. 2. Please show location of all existing utility including water main, sewer main, lateral, water services, clean out and water meter. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the parcel as B2 (General Business). 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. Rezoning 1107-19 GENTLE HARVEST LC. December 6, 2019 Page 5 'File Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. LaIld Ilve The 2035 Comprehensive Plan and the Senseny/Eastern Urban Area Plan provide guidance on the future development of the property. The property is located within the SWSA. The Senseny/Eastern Urban Area Plan identifies this property with commercial land use designation. In general, the existing B2 zoning and the proposed B3 zoning are consistent with the current land use supported by the Comprehensive Plan, however; the Comprehensive Plan states that this area should be designed specifically to accommodate and promote highway commercial land uses A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. Application Ip Parcels B2 (General Business District) Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 200 Feel Mao Created: November 25, 2019 Appl Ip Parcels Parcels M 200 Feet Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 MaD Created: November 25, 2019 REZ T07 - 19: Gentle HarvER, LLC PIN: 64 - A - 1 C Rezoning from B2 to B3 Long Range Land Use Map Ile Application Parcels o g a to Residential Neighborhood Village Urban Center Mobile Home Community • Business Highway Commercial Mixed -Use ® Mixed Use Commercial/Offce 40 Mixed Use Industrial/Office • Industrial ® Warehouse 40 Heavy Industrial - Extractive Mining Commercial Rec i� Rural Community Center Fire 8 Rescue - Sensitive Natural Areas ® Institutional - Planned Unit Development Park c�" J Recreation School Employment Airport Support Area Q B2/B3 OResidential. 4 u/a 0 High -Density Residential. 6 u/a OHigh -Density Residential, 12-16 u/a QRural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation OEnvironmental & Recreational Resources L REZ #07-19 �N S 44eo lze Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 200 Feet Map Created: November 25, 2019 0 u m 0 PIZOFFEIZ STATEMENT REZONING: RZ11 General Business (132) to Industrial "Transition (133) PROPERTY: 1.204 Acres +/-; Tax Map Parcel 64-A-1 C (the "Property") RECORD OWNER: Gentle Harvest LC APPLICANT: Halle Properties LLC PROJECT NAME: Discount Tire ORIGINAL, DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above - referenced B3 conditional rezoning is not granted as applied for by the owner ("Owner"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: • Landscape and Horticultural Services SIC 078 • Local and Suburban Transit Services SIC 41 • Motor Freight Transportation & Warehousing SIC 42 • Transportation by Air SIC 45 • Utility Facilities & Their Accessory Uses SIC 49 • Drive -In Motion Picture Theaters SIC 7833 • Tractor Truck & Tractor Truck Trailer Parking No SIC 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of' that portion of the Property adjacent to or including the improvement or other proffered requirement, Unless otherwise specificcl herein. The term "Owner" as rcicrcncccl herein shall include within its meaning all IUture owners and successors In interest. When Used in these proffers, the "Preliminary Landscape Plan," shall refer to the plan entitled "Preliminary Landscape Plan" dated September 24, 2019. The Preliminary Landscape Plan shall be Incorporated by reference herein as "Exhibit 1." The Owner proffers that its development of the Property will be in substantial conformity with the Preliminary Landscape Plan. 2. Monetary Contribution to Offset Impact of'Development 2.1 The Owner hereby proffers to provide a monetary contribution of $0.10 per devclopccl building square foot for County lire and Rescue Services. The monetary contribution shall be made payable to Frederick County at the time of the issuance of the Certificate of Occupancy Permit Ior any primary structure constructed on the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 2 • 0 Respcetlully submittcd, GENTLE HARVEST LC By: Its: S'I'A'1'1'-,'/COMMONW['AL'I'I-I OF AT LARGI', CITY/COUNTY OF , 'I'o-wit: T e fore oin instrument wa acknowledged before me this fday of g (� ..ci�t� V 2019, by (��J � GENTLE HARVEST LC. O ARY PUBLICZ./ My commission expires: .ON L.•�R�,,�� Registration number: S:.�PRY P& O R EG # �� •: 7293432 n :. c- COMMISSION ; a 0 XPIRES '�, ?raj;' ...... •• ' JN •� I-IALLE PROPERTI13S L• IBC By: 4�TAA Its: _-C1eo t STATE/COMMONWEA 71-I-1 OF - Y N `n((- , AT LARGE CITY/COUNTY 1if i 'To -wit: The foregoing instrument was acknowledged before me this --L day of O1 miv r , 2019, by C0:j j jt�-j-, ,f j(j j,( of I-IALLE PROPE�RTILS LLC. KATHY PETERS Notary PuUlc - Arizona Ma6copei County 00. conwNsalon * 566772 J-/ Pk[An My Commission Expk" ,hm 07, 2023 NOTAR UBLIC My commission expires: )Uo.o A ( Registration number: 4 • • EXHIBIT I PLANTING LEGEND: SHADETREES ORNAMENTALTREES j EVERGREEN TREES GA X1 ' SHRUBS THIS DRAWING IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF DISCOUNT TIRE COMPANY AND SHALL REMAIN THEIR PROPERTY. THE USE OF THIS WI DRANG SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH IT WAS PREPARED. PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH. 15 SIDE & REAR YARD BUILDMC. / SETBAC.✓ _ PPDFER'v 1. N=_. a.. F_ SIDE 8 REAR: YARD LANDSCACF 9UF ER 1 OADING AREA / 1 t1 O I I I tt -- 1 1� I / I I _ _ -50' Fli0N7 YARD BUILDING SE MACK � PER PLAT / O 9 1 L 113 I 1 II EXISTING LAWN TO REMAIN Aln 1 \ / PROPERTY [ NE `-10' YA?D LANDSCAPE E BufFER O 2019 K V. -BORN AND ASSOOI.AIES. INC •700 *'_LOW LANN :-_ SJITE 200. RIGwMGN--, VA 23231, PHONE 804-073-388;, WWW KIMLEV HORN.COIA FRONT ROYAL PIKE N . 91 le�lll��ll� 1 4 r Zp GRAPHIC SCALE IN FEET 0 10 20 40 f DTC STORE VAN 11759 120 FRONT ROYAL PIKE WINCHESTER, VA 22602 JOB NUMBER: 113215023 DRAWN BY. RDR CHECKED BY 25, 2019 SHEET TI"_E PRELIMINAR LANDSCAFF PLAN SHEET NUMBER. 1 OF 1 O O ROOF METAL COPING. HA" -I, I I-ElF "CEO 7.0. ARA ET OE.I.F.S OVER STANDARD C.M.U. — OSPLIT FACE C.M.V. — N",;; AL iUR'JISHGLI O INTEGRAL COLOR SPUT- G.M.U. ACCENT 0AN0`,�/ FACE C.M.U. -- -- ------ NORTH ELEVATION 0 © ILLUMgyy37ED WALL -MOUNTED S,GN WIT✓. LETTERS: MOUNTED ON STANDARD C.M WITH PAINTED EA.F,S.(UNOER $EPARAIL • L Id j h 26 Q TO. PARAPEi- 120 1- 6 COLORED. BANS <9>$PUT FACE C M U. T.0 - STOO ON4 O INSULATED STEEL BEAM _ WALL MTD. LIGHT FIXTURE 2._8" B.O. TRANSOM N FUR. ELECTRICAL —• OA ALUMINUM STOREFRONT OK SWITCHGEAR CABINET WALL Mm- ---- LIGHT FIXTURE .. O SPLIT FACE C.M.U. - COILING DOOR PER DOOR - SCHEDULE FACTORY PRE -FINISHED "TAN" COLOR O SPLIT -FACE OO C.M U SPUT-FACE C.M.U. O WALL MID. LIGHT FIXTURE HOLLOW METAL DOOR O PER DOOR SCHEDULE 3'-O" HT SOLLARO �;� REFER TO B/A2.1 V METAL COPING Q `.'" �'��' �a :rNk+s dr4, v O METAL COPING. OE E.I.F.S. CORNICE O E.LF.S. OVER - STANDARD C, M.U. INSULATED O STEEL BEAM — • O (O --- ROOF -MOUNTED HVAC ROOF -MOUNTED - O ILLUMINATED WALL -MOUNTED SIGN WITH 3V' LETTERS MOUNTED ON STANDARD C.M.U. WITH PANTED E.I.F.S. (UNDER SEPARATE PERMIT) SOUTH ELEVATION SCALES 1/8 - 1-0 O - E.I.F.$ 4 CORM HOLLOWMETAL' 101 - Ik 1EGa,AL "OLOR PER DOOR SCHEDULE C, SPLIT -FACE C.M.U. INTEGRAL BURNISHED STANDARD OVEC.M.U. OE SPLIT FACE C.M U. ©C_M.U. ACCENT BAND - - - EAST ELEVATION SCALE' 1 18' - 1 -1 - EPU7-FACE C.M U_O SPUT-FACE (.M.U.: - -- - - WA.I-L MTD. LI(, FIXTURE 0 :IRE ALARM - OW METAL DOORO HORN -STROBE PER DOOR PER DOOR SCHEDULE - EI.F S. OVER STANDARD C.M.U.< E I.F 5. DER V' METAL COPING -- CT EA,F.S. OVER >T ANDARD STAI is �+ C.M.U. '�E> E.LFS. CORNICE -� �C SPLIT -FA. E C 11 - i� I :.. I MOWN - -_ - - 1 III ■ �R+ '• II� �I I�I OINTEGRAL BURNISHED C.M.U. ACCENT BANG H O INSULATED- 8 INTEGRAL O OVERHEAD SECTIONAL- RECESSED IN WALL - _.. _ < OB INTEGRAL COLOR SPUT-FACE C.M.U. STEEL BEAM - iTYP BURNISHED GM.U. ACCENT BAND DOOR PER DOOR SCHEDULE -FACTORY -NOTE: a +5'-0" AFF, —� AT PILASTERS, THE SIDES OF THE BLOCK `� STOREFRONT. DOOR TO MATCH. BRASS DOWNSPOUT NOZZLE PRE-FNISHED "TAN" 11 I R THAT FACE THE STOREFRONT @ DOOR OPENINGS ARE SMOOTH. PAINT EXPOSED PRECISION CMU - REFER TO 23/43.4 SURFACE 'COLONIAL REVIVAL STONE". ---- WEST ELEVATION THE OF A4C EMWODIJOE NC TNS ORAWWG IS LDA%D WINOLIT OTIAROM4 DERA1gN 1N ASR1 MEET AERTY THAT t NOT TI[ A^uR(iRENf AND OONDI7ION 11WT R 8 M)7 REPAOOJCEL REP u1scuumll. OOFgED ORCTI•FRwM D9lOSED OF. DIiECRY OR RC RECRY, Glib 6 NOT TO BE I1ST-0Ni WMOE OR k PART TO ASSIST iN WXM OR TO PRNTS, PPPPFATIJ50R PARiST11EpE0F. TIE ACCEFIANCE O THE PRNTSWM41AW OR PARTS IFORMA BE ACCES OF RAKEO T 1 R E DPAWNG WN13E CO &TMlFD A¢AN ACCEPTANCE OF TI# FOREGOWG CONDITIONS CONCEPTUAL ELEVATIONS 120 FRONT ROYAL PIKE WINCHESTER, VA 22603 O ------ --- ROOF -MOUNTED HVAC UNITS (SHOWN BEHIND P AP.APET WALL) TO .A A ,20; - SPUT-FACE C.M.U. O WALL MTD. UGHT FIXTURE T INSULATED <% STEEL BEAM B.O TRANSOM ILLUMINATED WALL -MOUNTED SIGN O WITH 27" LETTERS. MOUNTED ON STANDARD C.M.U. WITH PAINTED E.I.F.S. (UNDER SEPARATE PERMIT) E FINISH LEGEND COLOR / PANT NOTES OMANUFACTURER'S STANDARD COLOR TO MATCH DURANAR UG40597 XL `BANNER RED" O INTEGRAL COLOR G.M.U. (SPLIT -FACE OR BURNISHED AS NOTED) TO MATCH SW 2827 O. FA COLONIAL REVIVAL STONE" CO GRAY SPLIT -FACE C.M.U. PAINTED SW 2$27 "COLONIAL REVIVAL STDNE" SPUT-FACE C.M.U.O DO GRAY SPUT-FACE C.M.U. PAINTED SW 6119 'ANTIQUE WHITE" _ 18'-0" _ O PAINT SHERWIN mLUAM5 SW 6119 "ANTIQUE WT ITE' i7L +;EC BAND` FO ACCENT BAND PANTED SW 7585 `SUNGRIED TOMATO" O METAL COPNG - FACTORY PNNTED/FACTORY FINISH TO MATCH SW 2827 'COLONIAL O 12'- _ `-TTO. REVIVAL STONE' STOREFRONT ©INSULATED STEEL PANTED SW 2827 "COLONIAL REVIVAL STONE- 0 BOLLARDS PAINTED SW 2827 "COLONIAL REVIVAL STONE" OHOLLOW METAL DOORS PAINTED SW 2827 "COLONIAL REVIVAL STONE" KO PAINT SHERWIN WILUAN$ 5W 6119 *ANTIQUE WHITE" 6.0. TRANSOM R - GENERA NO - A. DISCOUNT TIRE BUILDING SIGNAGE UNDER SEPARATE PERMIT. ALUMINUM STOREFRONT V & D ADDRESS SIGN ALOCATION PER LOCAL CITY CODE. -8" BURNISHED CMU ACCENT BAND 8" SPLIT FACE CMU L�- WALL - INTEGRAL COLOR TO MATCH I - BLDG REAR ELEVATION - 1 1/2" x 1 1/2" x 3/16' STEEL TUBE GATE FRAME. FULLY WELD - PAINT. S" BURNSHED CMUg" SPLIT FACE CMU WALL ACCENT BAND-� ) I - INTEGRAL COLOR TO _ - MATCH BLDG e" BURNISHED CMU ACCENT BAND 3/4- MIN. DA CANE GLNFR WALL 1 1/2" X 20 GA. BOLT WITH SLEEVES IN INTEGRAL COLOR CORRUGATED METAL GONG SLAB - OPEN CMU TO MATCH BLDG DECK - WELDED TO AND CLOSED POSITIONS. 6" . 6" x 6' TALL STEEL PIPE. FILL INSIDE OF GATE SOLID WITH CONC. WELD HINGES TO FRAME. FACE OF PIPE. TYP. OF 3 FRONT ELEVATION 6` DIA. PAINTED S-0' x-0' 3'-0' 3'-d', BOLLARDS. TYP. - -- 8' CMU WALL, 12'-0' 12-D' c BUILDING MATERIALS 9' 28'-0' B' TO MATCH REST OF BUILDING UNLESS NOTED OTHERWISE. • PAINTED 6'-0' HIGH GATES, STEEL DECK ---- FASTENED TO INSIDE / OF METAL FRAME. 1' DIA. SLEEVES FOR CANE SOLT5 (TYP. OF 8) 1- - ---- CONCRETE SECTION TO BE REINFORCED Ni7T1 ^- GONG. SLAB IN FRONT OF /3 RESARS AT i6" O.C. ENCLOSURE - - x BOTH WAYS, CENTERED IN CONCRETE. SEE SITE PLAN FOR CONFIGURATION. TRASH ENCLOSURE PLAN / ELEVATIONS REV. 0 DATE: 08.05.2019 JOB No.: VAN 11759 DRAWN BY: CF Sheet No. FAil 1055 v. indim :drool rd. phoenix, 99 602-3D7-5.534� ; v A4 ARCHITECTURAL wWwT rt. vam.w RESOURCE TEAM • 0 DISCOUNT TIRE RETAIL STORE DEVELOPMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the proffered rezoning of a 1.204 -+-/- acre subject property owned by Gentle I-Iarvest LC and identified as Tax Map Parcel 64-A-1C. The subject property is located on the west side of Front Royal Pike (U.S. Route 522 South) at the intersection of' Front Royal Pike (U.S. Route 522 South), Millwood Pike (U.S. Route 50) and the Interstate 81 Exit 313 northbound on -ramp, and is currently zoned B-2, Business General District. The Applicant proposes to rezone the 1.204 -+-/- acre subject property to B-3, Industrial Transition District, with proffers to allow for the development of a Discount Tire retail store that is approximately 8,192 square feet with 6 service bays along the commercial corridor. Basic Information Location: Fronting on the west side of Front Royal Pike (U.S. Route 522 South); at the intersection of Front Royal Pike (U.S. Route 522 South), Millwood Pike (U.S. Route 50) and the Interstate 81 Exit 313 northbound on -ramp Magisterial District: Shawnee District Property ID Number: 64-A- I C Current Zoning: B-2, General Business District Current Use: Vacant Restaurant Proposed Zoning: B-3, Industrial Transition District Proposed Use: Discount Tire Retail Store Total Rezoning Area: 1.204 +/- acres with proffers for the subject property COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial and institutional land use development is encouraged in the County. The 1.204 +/- acre subject property is currently located in the UDA; therefore, expansion of the UDA boundary to accommodate the proposed development of commercial land use is not required for this rezoning application. • Sewcr 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 1.204 +/- acre subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed development of commercial land use is not required for this rezoning application. Comprehensive Plan Conformity The 1.204 +/- acre subject property is located in the UDA and the SWSA and is within the study area boundary of the Senseny/Eastern Frederick Urban Area Study. The Senseny/Eastern Frederick Urban Area Study is a large -area plan that identifies land uses, transportation networks, and other matter's that are recommended for consideration for future land use and development within this geographic area of the County. The 1.204 +/- acre subject property is identified for 132/133 commercial land use; thei-clorc, the proposed B-3, Industrial Transition District rezoning is in conformance \with the land use recommendations of the Comprehensive Plan Policy. The Comprehensive Plan specifics that the 1.204 +/- acre subject property should accommodate and promote highway commercial land uses. The B-3, Industrial Transition District rezoning is proposed to allow for the development of the Discount Tire retail store, which has been determined not to be a permitted stand-alone land use with the B-2, Business General District. The Discount Tire retail store, being a retailer of tires and wheels for motor vehicles with service bays for the installation of the same, is an appropriate highway commercial land use along a major commercial corridor. SUITABILITY OF THE SITE Access The 1.204 +/- acre subject property is located on the west side of Front Royal Pike (U.S. Route 522 South), approximately 380 feet north of the Front Royal Pike/Travel Lodge Drive signalized intersection. Access to the subject property will be through the Front Royal Pike/Travel Lodge Drive signalized intersection. Flood Plains The 1.204 +/- acre subject property does not contain areas of floodplain as demonstrated on FEMA NFIP Map #51069CO216D, Effective Date September 2, 2009; as well as information from the Frederick County GIS Database. Wetlands The 1.204 +/- acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database. Soil Types The 1.204 +/- 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: 313 Blairton Silt Loams 2-7% slope 2 The Blairton Silt Loam soil type is identified as a prime agricultural soil and has severe wet properties. fhe existing Commercial land uses that have been Constructed along the east and west sides of the Front Royal Pike (U.S. Route 522 South) commercial corridor contain the same soil type, and the subject property is not coiulucive for agricultural land use per the Comprehensive Policy Plan. The soil type is conducive for commercial development Of the subject property. Other Environmental Features The 1.204 +/- acre subject property does not Contain areas of steep slope, lakes or ponds or natural stormwatcr retention areas as defined by the Frederick County Zoning Ordinance. There are no known environmental features present that create development constraints for the proposed commercial development project. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Millwood Pike/Interstate 81 Exit 313 northbound on -ramp Use: Highway/Interstate South: B-2, Business General District Use: Office West: B-2, Business General District Use: Hotel (Travelodge) East: B-2, Business General District Use: Retail/Grocery (Delco Plaza) TRANSPORTATION The 1.204 +/- acre subject property is located on the west side of Front Royal Pike (U.S. Route 522 South), approximately 380 feet north of the Front Royal Pike/Travel Lodge Drive signalized intersection. Subsequent to final rezoning approval, access to the subject property will be through the existing intersection. In order to assess the potential traffic impacts for the proposed Discount Tire retail store, the Applicant has analyzed the trips generated by the existing use of the site compared to the trips generated by the proposed use, a Tire Store. Restaurants (SIC 58) would be the appropriate land use to compare to the proposed Discount Tire retail store (SIC 75). The Applicant analyzed traffic study data from the Institute of Traffic Engineers (ITE) Manual, 10"' Edition specific to a Quality Restaurant (931) and Tire Store (848). The following analysis compares traffic volumes for the Weekday AM and PM Peak Hours, the Saturday Peak Hours, and the Sunday Peak Ilours assuming 7,554 square feet of Quality Restaurant (931) and 8,192 square feet of Tire Store (848) land use specific to the ITE traffic study data: 3 • 0 13-2, Business General Land Use ITE (931) Weekday AM Peak: Q = 0.73 Trips per 1,000 square feet gross floor area Q = 0.73 Trips x 7.554 (7,554 sq.11./1,000 sq.ft.) Q = 5.51 or 6 Trips ITE (931) Weekday PM Peak: Q = 7.80 Trips per 1,000 square feet gross floor area Q = 7.80 Trips x 7.554 (7,554 sq.ft./1,000 sq.ft.) Q = 58.92 or 59 Trips ITE (931) Saturday Peak: Q = 10.68 Trips per 1,000 square feet gross floor area Q = 10.68 Trips x 7.554 (7,554 sq.ft./1,000 sq.ft.) Q = 80.67 or 81 Trips ITE (931) Sunday Peak: Q = 7.80 Trips per 1,000 square fect gross floor area Q = 7.80 Trips x 7.554 (7,554 sq.ft./1,000 sq.ft.) Q = 58.92 or 59 Trips B-3, Industrial Transition Land Use ITE (848) Weekday AM Peak: Q = 2.72 Trips per 1,000 square feet gross floor area Q = 2.72 Trips x 8.192 (8,192 sq.ft./1,000 sq.ft.) Q = 22.28 or 23 Trips ITC (848) Weekday PM Peak: Q = 3.98 Trips per 1,000 square feet gross floor area Q = 3.98 Trips x 8.192 (8,192 sq.ft./1,000 sq.ft.) Q = 32.60 or 33 Trips ITE (848) Saturday Peak: Q = 5.05 Trips per 1,000 square feet gross floor area Q = 5.05 Trips x 8.192 (8,192 sq.ft./1,000 sq.ft.) Q = 41.37 or 42 Trips ITE (848) Sunday Peak: N/A The ITE projected traffic volumes identified above indicate that the proposed Discount Tire retail store (848) has the potential to decrease traffic volumes during the weekday peak hours by approximately 0-9 Trips and by approximately 39 Trips during the Saturday peak hour compared to the Quality Restaurant (931) land use. The Sunday trips generated are not applicable as Discount Tire is not open on Sundays, and therefore will not generate any trips. These calculations demonstrate a decrease in potential traffic volumes during these time frames (approximately 3 vehicles every 15 minutes during the weekday peak hours and approximately 10 vehicles every 15 minutes during the Saturday peak hour). The proposed Discount Tire retail store will result in an overall decrease in trips, compared to that of the existing restaurant. Therefore, it is assumed that the infrastructure in place is adequate for the proposed development. M 0 • SEWAGE COVEYANCE AND TREATMENT The 1.204 +/- acre subject property is located within the Sewer and Water Set -vice Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. The City of Winchester is the provider of public sewer service within this area of the County, which is managed by the City of Winchester Public Services Department. The City of Winchester has an existing 8-inch gravity sewer line that enters the subject property through the southern boundary of the subject property within a 20-foot casement that is accessible to the property. All commercial land uses on the west side of Front Royal Pike (U.S. Route 522 South) within proximity of the subject property convey sewer effluent through the 8- inch gravity sewer line that goes under Interstate 81 to a manhole located on the Apple Blossom Mall parcel, which then gravities to the Abram's Creck sewer transmission line that connects to the OpcgUon Wastewatcr Treatment Facility. Based on comparable discharge patterns, the City of Winchester Public Services Department has determined that 75 gallons/day per 1,000 square feet of commercial land development is an appropriate calculation for estimating the sewer demand for commercial land uses. Q = 75 gallons/day per 1,000 square feet commercial Q = 75 GPD x 8.192 (8,192 sq.ft./1,000 sq.ft.) Q = 614.40 GDP TOTAL: Q = 615 GPD projected sewer demand The Opequon Wastewater Treatment Facility has a total capacity of 12.6 MOD, of which 7.125 MOD is allocated to the City of Winchester. The City of Winchester currently averages approximately 5.0 MOD of the allocated capacity and has approximately 2.125 MGD of allocated capacity available for future development projects. The projected 615 GPD for the proposed project represents 0.0003% of the available treatment capacity; therefore, the proposed rezoning can be sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity and treatment. The proposed Discount Tire will generate significantly less sanitary sewage into the public system than that of the previous restaurant use at this site. WATER SUPPLY The 1.204 +/- 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 City of Winchester is the provider of public water service within this area of the County, which is managed by the City of Winchester Public Services Department. The City of Winchester has an existing 12-inch water transmission located on the east side of Front Royal Pike that provides public water service to the commercial land uses on the west side of Front Royal Pike (U.S. Route 522 South). An 8-inch water line is looped off of the 12-inch 5 0 0 water transmission line that adjoins the southern boundary of the subject property within a 10- foot easement that is accessible to the property. Based on Comparable discharge patterns, the City of Winclicstcr Public Services Department 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. Q = 75 gallons/day per 1,000 square feet commercial Q = 75 GPD x 8.192 (8,192 sq.ft./1,000 sq.ft.) Q = 614.40 GPD TOTAL: Q = 615 GPD projected water demand The City of Winchester obtains potable water from the North Fork of the Shenandoah River, which is treated at the Percy D. Miller Watcr Treatment Plant located near Middletown. The Percy D. Miller Water Treatment Plant can treat approximately 10 MGD of potable water daily, which is transmitted to serve all properties in the City of Winchester; as well as sonic properties in Frederick County. The City has sufficient water capacity to serve these properties; as well as sell excess capacity to the Frederick County Sanitation Authority to supplernent other water systems in Frederick County. The Applicant has met with the City of Winchester Public Services Director to discuss the proposed development project and was advised that the City has adequate capacity to serve this project and that the existing 8-inch water loop provides adequate pressure and fire flow for all commercial land uses within this portion of the County. Therefore, the proposed rezoning can be sufficiently accommodated by public water service through a system with adequate conveyance, capacity, pressure and fire flow. The proposed Discount Tire will use significantly less water from the public system than that of the previous restaurant use at this site. SITE DRAINAGE The topographic relief of the 1.204 +/- acre subject property generally follows a northeasterly pattern, which directs site drainage towards existing inlets on site. The Applicant prepared an ALTA Survey for the 1.204 +/- acre subject property, which identifies a 10-foot drainage easement on the property that has been improved with a drop inlet and storm sewer line that ties into the overall drainage system constructed during the development of the Cracker Barrel site. This stormwater collection system conveys stormwater to a regional stormwater management facility that was constructed during the development of the Cracker Barrel site; therefore, development of the subject property will utilize this regional facility. The 1.204 +/- subject property will comply with all water quality and quantity regulations. The Applicant will work with the County Engineer during the Site Development Plan process to identify stormwater volumes from the proposed development of the subject property to ensure that there are no detrimental impacts to the regional stormwater management facility and to adjoining properties. The stormwater management plan and erosion and sediment control plan will be designed in conformance with all applicable state and local regulations; therefore, site 6 drainage and stormwatcr management impacts to adjoining properties and the community will be mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the development of the proposed Discount "fire retail store on the 1.204 +/- acre subject property 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"' Edition). The Applicant proposes to develop a Discount Tire retail store that is approximately 8,192 square feet with 6 service bays; therefore, solid waste disposal impacts are based on the following figures that provide the increase in average solid waste volume based on the development of this facility: AAV = 5.4 cu.yd. per 1,000 square fect commercial AAV = 5.4 cu. yd, x 8.192 (8,192 sq.11./ 1,000 sq. ft.) AAV = 44.24 cu. yd. at build -out, or 5.53 tons/yr. at build -out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected commercial development will generate approximately 5.53 tons of solid waste annually on average. This represents a 0.003% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the commercial development will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land Use to mitigate this impact. The proposed Discount Tire will produce significantly less refuse than that of the previous restaurant use at this site. Used tires will not be included as part of the solid waste generated from this site to be transferred to the Regional Landfill. Discount Tire has a separate collection and recycling program for the used tires generated from their facilities. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies the Garber Farm (#34-424) within close proximity of the 1.204 +/- acre subject property. The Garber Farm was inventoried as part of the overall report; however, the property was not recommended for inclusion on the list of potentially significant properties in the final report. The Garber Farm has been subdivided into multiple properties, which are developed as commercial and residential land uses along Garber Lane (Route 763), and as commercial land uses along Front Royal Pike (U.S. Route 522 South). The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the 1.204 +/- acre subject property as being located within the First Winchester study area boundary, and within close proximity of the First Winchester core battlefield area boundary. The final report identifies all land within the study area boundary that is located in the southeastern quadrant of Interstate 81 Exit 313 as having lost integrity due to the existing commercial and residential land use development patterns; as well as the construction of Interstate 81. VA • 0 The development of commercial land use on the 1.204 +/- acre subject property is consistent with other properties in this area of the County. The Senseny/pastern Frederica: Urban Area Study does not identify this area of lllc County as historic or as a developmentally sensitive area. The proposed rezoning of tale property will not create negative impacts associated with historic properties and historic resources. OTHER POTENTIAL IMPACTS Tile commercial development of the 1.204 +/- acre subject property will provide new economic development opportunities for Frederick County, which has been determined by the County's Development impact Model to be positive in the consideration of fiscal impacts to County Capital Facilities. It is recognized that the development of commercial land Use has the potential to increase service demands on fire and rescue services; therefore, the Applicant's Proffer Statement provides a monetary contribution of $0.10 per developed building square foot to the Count), to provide additional revenues that are specifically directed to fire and rescue services. There arc no other identified potential impacts above those discussed in this Impact Analysis Statement that would be detrimental to surrounding properties or to the County from the rezoning and development of the 1.204 +/- acre subject property. AEk To be completed 1)), 111(aming S'la� Fec Amount Paid $ S Zoning Amendment Number U 1 - > q Anticipated PC 1-Icaring Datc ►� i` Date Received _ I 1-21�19 Anticipated BOS I-lcaring Date 1 Z d REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Gentle Harvest LC Specific Contact Person if Other than Above: Thomas Moore Lawson, Esquire Address: P.O. Box 2740, Winchester, VA 22604 Telephone: (540) 665-0050 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: tlawson@Isplc.com Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Halle Properties LLC Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering film, or other person, if any, serving as the priniary contact person fo►- this application: Firm Name: Thomas Moore Lawson, P.C. Specific Contact Person at Firm: Thomas Moore Lawson, Esquire Address: P.O. Box 2740, Winchester, VA 22604 Telephone: (540) 665-0050 Email: tlawson@Isplc,com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. 4. Project Name (if any): Discount Tire S. Property Information: a. Property Identification Number(s): 64-A-1 C b. Total act -cage of the parcel(s): 1.204 c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): d. Current zoning designation(s) and acreage(s) in cacti designation: B2 (1,204 acres) e. Proposed zoning designation(s) and acreage(s) in each designation: B3 (1,204 acres) f. Magisterial District(s): Shawnee g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from Ilcarest intersectloll, LlSlllg road Rallies and route numbers): 120 Front Royal Pike, Winchester, VA 22602 h. Adjoining Properties: Parcel ID Number Use Zollin 64-A-1 B office building B2 64-A-1 D hotel B2 64-A-1 roadway B2 Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make colllplCtC CIISCIOSLII'C Ol the CgUltable ownership of the real estate to be aflectcd ll1CILId111g, Ill the case of corporate ownership, tile name Of stockholders, officers, and directors, and Ill any case the Rallies and addresses of all real parties Of interest. Frederick COL111ty has, by County Code ti 165-101.09, adopted such an ordinance. For each business entity that IS all owner of contract plll'ChaSCI' Of the property, please list the name and address of each person owning an interest in, or wlio is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount of extent Of the ownership interest). Please Rote that this I'CgLlil'ClllCilt does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. See attached. Please attach additional page(s) if necessary. %. Checklist. Please check that the following items have been included \vith this application: ❑✓ Location Map 0 Plat Depicting Metes/130unds of Proposed Zoning 0 Impact Analysis Statement Proffer Statement (if any) 0 Agency Comments 0 Fee 0✓ Copies of Deed(s) to Property(ies) ❑✓ Tax Payment Verification 0✓ Digital copies (pelf's) of all submitted items 6. Disclosure of real parties in interest. Property Owner: Gentle Harvest LC Sole Owner: Sak Group, LC 8458 W. Main Street Marshall, VA 20115 Sandy Lerner, Manager D. Brook Middleton, Manager 8458 W. Main Street Marshall, VA 20115 Applicant: Halle Properties LLC Managing Member: Wilanna, Inc. 20225 N. Scottsdale Road Scottsdale, AZ 85225 Lisa M. Halle Pedersen, President and Director Michael S. Zuieback, Treasurer and Director Douglas S. Wilson, Secretary Timothy J. Schafer, OfCiccr Susan R. Halle Lyle, Director Diane M. Halle, Director Bruce T. Halle, Jr., Director R.T. Corp, Shareholder 20225 N. Scottsdale Road Scottsdale, AZ 85255 Member: Teton-Pitkin L.L.C. 20225 N. Scottsdale Road Scottsdale, AZ 85255 BTJHR TP Trust u/a BTH 2O03 TP Irrevocable Trust LMI-IP TP Trust u/a BTH 2O03 TP Irrevocable Trust MSZ TP Trust u/a BTH 2O03 TP Irrevocable Trust SRI4L TP Trust u/a BTI-I 2003 TP Irrevocable Trust 4785 Caughlin Parkway Reno, NV 89519 0 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend tile zoning Ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certily that this applicatior accurate to the best of ou ki vied Owner: Owner: its accompanying materials are true and Date 11,Z4 If signing on behalf of an ent, please state nameof entity and your title: -Ilit i�- rv-rs+, L Date If signing oil behalf of an entity, please state name of entity and yOUr title: Other Applicant Party (if any) If signing on behalf -of all entity, please state name of entity and your title: H Pvb- L�— Si If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. ecoi Candice Perkins From: Rod Williams Sent: Saturday, November 16, 2019 7:54 PM To: Thomas Moore Lawson, Esq. Cc: Candice Perkins Subject: Re: Discount Tire Ty, Thank you for your message and the materials you have provided, including the draft revised proffer statement. To follow up further on something you mentioned when we met on Thursday, I went back and looked at the deed that I mentioned that made the conveyance of the hotel property to its current owner. You are correct that the deed contains a "subject to easements" provision; in addition, the conveyance of the right-of-way parcel was only by quitclaim, such that, obviously, Interstate Properties was conveying only such interest that it had (likely none) in the right-of-way parcel to the new owner. I am content that the subject rezoning parcel has access. With respect to the revised proffer statement, it looks acceptable. Please provide a clean copy to the Planning Department as soon as possible. From: Thomas Moore Lawson, Esq. <tlawson@LSPLC.COM> Sent: Friday, November 15, 2019 4:53 PM To: Rod Williams <rwillia@fcva.us> Cc: Candice Perkins <cperkins@fcva.us> Subject: Discount Tire Please see the attached correspondence. Thank you. Thomas Moore Lawson, Esquire Thomas Moore Lawson, P.C. Of Counsel -Williams Mullen P.O. Box 2740 Winchester, VA 22604 Ph: 540-665-0050 Fax: 540-722-4051 Email: tlawson ,Isplc.com The information contained in this message is information intended only for the use of individual or entity named above, and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address. 0 0 ORDINANCE Action: PLANNING COMMISSION: December 18, 2019 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: January 22, 2020 Public Hearing Held, Vote Postponed BOARD OF SUPERVISORS: February 12, 2020 Denied ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #07-19 GENTLE HARVEST, LC WHEREAS, REZONING #07-19 GENTLE HARVEST, LC, submitted by Thomas Moore Lawson, P.C. to rezone 1.204+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers with a final revision date of November 21, 2019. The subject property is located at 120 Front Royal Pike, in the Shawnee Magisterial District, and is identified by Property Identification 64-A-1C; and WHEREAS, the Planning Commission held a public hearing on this rezoning on December 18, 2019 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 22, 2020 and postponed it to February 12; and WHEREAS, the Board of Supervisors held a public meeting on February 12, 2020; 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 Plan; W, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 1.204+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers with a final revision date of November 21, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. DENIED this 12th day of February 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Gene E. Fisher Aye Judith McCann -Slaughter Blaine P. Dunn Aye A COPY ST ICri PDRes. 405-20 Frederick County Administrator BOS Res. #055-20 Aye Aye PROFFER STATEMENT REZONING: RZI/ 07-19 General Business (I32) to Industrial Transition (133) PROPERTY: 1.204 Acres -t-/-; Tax Map Parcel 64-A- I C (the "Property") RECORD OWNER: Gentle Harvest LC APPLICANT: Halle Properties LLC PROJECTNAME: Discount "fire ORIGINAL DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above - referenced B3 conditional rezoning is not granted as applied for by the Owner ("Owner"), these proffers shall be cleemed withdrawn and shall be null and void. Further, these proffers are C0I16110Cllt upon final rezoning of the Property with "final rezoning" defined as that rezoning which Is in effect oil the day following the last day Upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term 1'CZ011lllg shall include the day following entry of a Final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day 1011owim, which the decision has been affirmed oil appeal. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: • Landscape and Horticultural Services • Offices and Storage Facilities for Building COnStRICtlOn Contractors, Heavy Construction Contractors and Special Trade Contractors • Local and Suburban Transit Services • Motor Freight Transportation & Warehousing • Transportation by Air • Utility Facilities & Their Accessory Uses • Building Materials, I-[ardware, Garden Supply, Mobile Home Dealers and Retail Nurseries • Wholesale Trade Businesses SIC 078 SIC 15, 16 17 SIC 41 SIC 42 SIC 45 SIC 49 SIC 52 No SIC Kno L R-o-P�v Sjokmw - K Y, ('ard Ge swap au� poc�es Li S v''J*e Q,r►q►(QA S13Oohvz P41S • Drive -In Motion Picture Theaters SIC 7833 • Sell -Service Storage Facilities No SIC • Public Utility Distribution Facilities No SIC • Residential Uses Which are Accessory to Allowed Business Uses No SIC • Flex -Tech No SIC • Tractor Truck & "Tractor Truck Trailer Parking No SIC For Ivliscellancous Repair Services (SIC 76), the Owner proffers not to cllgage In the Following uses on the Property: From Welding Repair (SIC 7692): • Repair ofcracked castings (welding service) From Armature Rewinding Shops (SIC 7694): • Rebuilding motors, other than automotive From Repair Shops and Related Services, Not Elsewhere Classified (SIC 7699): • Agricultural equipment repair • Blacksmith shops • Cleaning bricks • Coppersmithing repair, except construction • Engine repair, except aUtOIllOtIVC • Farm machinery repair • Farriers (blacksmith shops) • I-lorseshoeing • Industrial truck repair • Lawnmower repair shops • Motorcycle repair shops • Tank truck cleaning service • Taxidermists • Tinsmithing repair, except construction All other Miscellaneous Repair Services (SIC 76) shall be allowed on the Property. Should the Board amend the B3 (Industrial Transition) Zoning District to allow other by right uses, the Owner reserves the right to use the Property for said Future allowed by right Uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include 2 within its meaning all future owners alld successors in interest. When used in these proffcrs, the "Preliminary Landscape Plan," shall refer to the plan entitled "Preliminary Landscape Plan" dated September 24, 2019. The Preliminary Landscape Plan shall be incorporated by reference herein as "Exhibit I." The Owner proffers that its development of the Property will be in substantial confornlity with the Preliminary Landscape Plan. 2. Monetary Contribution to Offset Impact Of Development 2.I The Owner hereby proffers to provide a monetary contrlblIti011 of $0.10 per developed building square foot for County lire and RCSCUe Services. The monetary contribUti011 shall be made payable to FrCCICHCk County at the time of the issuance of the CCI'Li11CatC Of OCCupallC)' PCI-Illlt for any primary structure constructed On the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES Respectfully submitted, GENTLE HARVEST LC TATE/COMMONWEALTH OF _ . AT LARGE ITY/COUNTY OF .--zy'ic'r'-- To -wit: IV The foregoing instrum t was acknowledged before me this � day of )20, by�„Ql�Icxxfrof E HARVEST pRt`1 • � 714.3i3) �'' = COMMISSION ; ¢ = ExP REs - C?LRY PUBLIC y coii�ujfiADi1 res:'� I/ZO7 -gistratioii'Effler: 4 reoo(k fie, PU511 v�/or; 510GIIS HALLE PROPERTIES STATE/C OF Zw.cz nt,� . AT LARGE CITY/COUNTY OF _✓ll�ct,ri�,,,� , To -wit: The foregoing instrument was acknowledged before me this tom'= day of email t 2020, by tom' -Vy,rj_%%c:R.P of HALLE PROPER -TIES LLC. Lucinda Chipman ° Notary Public Maricopa County, Arizona r— ! My Comm. Expires 848-2020 NOTARY PUBLIC My commission expires: _ cA ('Lg (;�o .. Registration number: 3 Respectfully submittecl, GLNTLL HARVEST LC By: Its: STATL/COMMONWLALTII OF AT LARGE CITY/COUNTY Ol' a 1,ja,y/�� , "I'o-wit: Al fhc foregoing instrctme t was acknowledged before me this day of , 2020, byD- of P ,..•..... F �. R Ill l !7 �i•' •'� 11`�.i•I it � c) ; COMMISSION ; ¢ C) :, [ X PI RES : Z` My co114 es: Registratioii'fRdl�Ucr:��Z M ENTLE I-IARVEST,LC. ARY PUBLIC I-IALLE PROPERTIES LLC 11 qN� Q I By: I .I ' l I I Its: ` ,5 -111 V ! L-c �� j `' I d c cLt SPATE/C OF /g,7,gNp, , AT LARGE CITY/COUNTY O1 ✓V`a v-j(A- :3q- , 1,o-wit: the foregoing instrL1111C11t was acknowledged before n1c this _(d� day of f=t_�,Al_, 2020, by C�r�`Mrti,i �Q of I IALLE PROPERTIES LLC. ILucinda Chipman C04"1, Notary PublicMaricopa County, ArizonaMy Comm, Expires 8 28-2020 NOTARY PUBLIC My Commission expires: cl Registration number: 125'2`1 PROFFER STATEMENT REZONING: RZ# 07-19 General Business (132) to Industrial Transition (133) PROPERTY: 1.204 Acres +/-; Tax Map Parcel 64-A-1 C (tile "Property") RECORD OWNER: Gentle Harvest LC APPLICANT: Halle Properties LLC PROJECT NAME: Discount Tire ORIGINAL DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above - referenced B3 conditional rezoning is not granted as applied for by the Owner ("Owner"), these proffers shall be deemed withdrawn and sliall be null and void. Further, these proffers are Contingent Upon filial rezoning Of the Property with "filial rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not t0 submit development plans Until such Contest is resolved, the term rezoning shall Include the day following entry Of a filial COUrt Order affirming the decision Of the Board which has not been appealed, Or, If appealed, the clay following which the decision has been affirmed on appeal. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: • Landscape and Horticultural Services SIC 078 • Offices and Storage Facilities for Building ConstrUCtiOn Contractors, Heavy ConstrUctlon Contractors and Special Trade Contractors SIC 15, 16 17 • Local and Suburban Transit Services SIC 41 • Motor Freight Transportation & Warehousing SIC 42 • Transportation by Air SIC 45 • Utility Facilities & Their Accessory Uses SIC 49 • Building Materials, Hardware, Garden Supply, Mobile Home Dealers and Retail Nurseries SIC 52 • Wholesale Trade Businesses No SIC • Drive -In Motion Picture Theaters SIC 7833 • Self -Service Storage Facilities No SIC • Public Utility Distribution Facilities No SIC • Residential Uses Which are Accessory to Allowed Business Uses No SIC • Flex -Tech No SIC Tractor Truck & Tractor Truck Trailer Parking No SIC For Miscellaneous Repair Services (SIC 76), the Owner proffers not to engage in the following, uses on the Property From Welding Repair (SIC 7692): • Repair of cracked castings (welding service) From Armature Rewinding Shops (SIC 7694): • Rebuilding motors, other than automotive From Repair Shoos and Related Services. Not Elsewhere Classified (SIC 7699): • Agricultural equipment repair • Blacksmith shoos • Cleaning bricks • Coppersmithing repair, except construction • Engine repair, except automotive • Farm machinery repair • Farriers (blacksmith shops) • HorseshoeinQ • Industrial truck repair • Lawnmower repair shops • Motorcycle repair shops • Tank truck cleaning service • Taxidermists • Tinsmithing repair, except construction All other Miscellaneous Repair Services (SIC 76) shall be allowed on the Property. Should the Board amend the B3 (Industrial Transition) Zoning District to allow other by fight uses, the Owner reserves the right to use the Property for said future allowed by right uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless 2 ot}lcrwisc specified herein. The term "Owner" as 1-CfCl-ei-iml I1ci-cin Shall inCludc within its illcaning all future owners and Successors In lntcrest. When used in these proffers, the "Preliminary Landscape Plan," shall refer to the plan entitled "Preliminary Landscape Plan" dated September 24, 2019. The Preliminary Landscape Plan shall be incorporated by reference herein as "Exhibit L" The Owncr proffers that Its clevclopment of the Property will be in Substantial Conformity with the Preliminary Landscape Plan. 2. Monetary ContribUti011 to Offset Impact Of Deyclopmcnt 2.1 The Owncr hereby proffers to provide a monetary contribution Of $0.10 per developed building square foot for County Fire and Rescue Services. The monctary COntribUti011 Shall be made payable to Frcderlck County at the time Of the 1SSuancc Of the Certificate Of OCCllpancy Permit for any primary St1-L1Ctl11-C Constructed On the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 9 RCSI)CCtlUlly SUbmittcd, GENTLE HARVEST LC Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF To -wit: The foregoing instrument was acknowledged before me this day of 2020, by of GENTLE HARVEST LC. My commission expires: Registration I1Umber: n NOTARY PUBLIC HALLE PROPERTIES LLC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF To -wit' The f01'Cg0i11g i11St1'11111C11t was acknowledged bcforc me this Clay of 2020, by of HALLE PROPERTIES LLC. My commission expires: Registration number: 5 NOTARY PUBLIC PROFFER STATEMENT REZONING: RZ# 07-19 General BLISIIICSS (132) to Industrial Transition (133) PROPERTY: 1.204 Acres +/-; Tax Map Parcel 64-A-1 C (the "Property") RECORD OWNER: Gentle Harvest LC APPLICANT: Halle Properties LLC PROJECT NAME: Discount Tirc ORIGINAL DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above - referenced B3 conditional rezoning IS not granted as applied for by the owner ("Owner"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon filial rezoning of the Property with "filial rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate COLII-t. If the Board's decision is contested, and the Owner elects not to SLibrnIt development plans Until SLICII Contest IS resolved, the term rezoning Shall IIICILICIC the day follmving entry of a filial COLI1't Order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: • Landscape and Horticultural Services SIC 078 • Offices and Storage Facilities for Building ConstrLlCtiOn Contractors, Heavy Construction Contractors and Special Trade Contractors SIC 15, 16 17 • LOCH and Suburban Transit Services SIC 41 • Motor Freight Transportation & Warehousing SIC 42 • Transportation by Air SIC 45 • Utility Facilities & Their Accessory Uses SIC 49 • Building; Materials, Hardware, Garden Supply, Mobile Home Dealers and Retail Nurseries SIC 52 • Wholesale Trade Businesses No SIC • Drive -In Motion Picture Theaters SIC 7833 • Self -Service Storage Facilities No SIC • Public Utility Distribution Facilities No SIC • Residential Uses Which are Accessory to Allowed Business Uses No SIC • Flex -Tech No SIC • Tractor Truck & Tractor Truck Trailer Parking No SIC For Miscellaneous Repair Services (SIC 76), the Owner proffers not to engage in the following uses on the Property: From Welding Repair (SIC 7692): • Repair of cracked castings (welding service) From Armature Rewinding Shops (SIC 7694): • Rebuilding motors, other than automotive From Repair Shops and Related Services, Not Elsewhere Classified (SIC 7699): • Agricultural equipment repair • Blacksmith shops • Cleaning bricks • Coppersmithing repair, except construction • Engine repair, except automotive • Farm machinery repair • Farriers (blacksmith shops) • Horseshoein�; • Industrial truck repair • Lawnmower repair shops • Motorcycle repair shops • Tank truck cleaning service • Taxidermists Tinsmithing repair, except construction All other Miscellaneous Repair Services (SIC 76) shall be allowed on the Propert . Should the Board amend the B3 (Industrial Transition) Zoning District to allow other by right uses, the Owner reserves the right to use the Property for said future allowed by right uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless K otllcl-wisc specified herein. The term "Owner" as refuc(lccd herein Shall include Within its meaning all future owners and SucccssoI-S ill interest. When used ill t11csc pl-Offcl-S, the "Pl-C1imillary Landscapc Plan," Shall refer to the plan entitled "Preliminary Landscape Plan" elated September 24, 2019. The Preliminary Landscapc Plan Shall bC incorporated by rcfcrcncc herein as "Exhibit L" The Owner proffers that Its dcvc1opmcnt of the Property will be ill substantial conformity with the Preliminary Landscapc Plan. 2. Monetary Contribution to Offset Impact Of Deyclopment 2.1 The Owncr hereby proffers to provide a monetary colltrlbUt1011 of $0.10 per clevelopcd building square foot for County Firc and RCSCIIC SCI-VICCS. TI1C monctary contrlbUt1011 Shall be madc payable to Frcdcrlck C011ilty at the tllllC Of' the 1SSUancc of the Certificate of Occupancy Pcrmit for any primary Slructurc constructed on the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 3 Respectfully submitted, GENTLE HARVEST LC Its: STATE/COiviNIONWEALTI-I OF AT LARGE CITY/COUNTY OF . To -wit: The foregoing 111Stillment Was acknowledged before nie this day of , 2020, by of My commission expires: Registration number: _ 4 GENTLE HARVEST LC. NOTARY PUBLIC HALLE PROPERTIES LLC By: Its: STATE/COMMONWEALTH Or , AT LARGE CITY/COUNTY Or To -wit: The IOI'Cg011lb illstl'11111CIlt was aCk11Owledgal bCloi'C me this day Of 2020, by My commission cxpi 'Cs: RCglstratio11 number _ of I-IALLE PROPERTIES LLC. NOTARY PUBLIC PROFFER STATEIVIENT REZONING: RZ11 07-19 General Business (132) to Industrial Transition (133) PROPERTY: 1.204 Acres -E-/-; Tax Map Parccl 64-A-1 C (the "Property") RECORD OWNER: Gentle I-Iarvcst LC APPLICANT: Halle Properties LLC PROJECT NAME: Discount Tire ORIGINAL DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above - referenced B3 conditional rezoning is not granted as applied for by the Owner ("Owner"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent Upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owncr elects ]lot to Submit development plans until such contest is resolved, the term rezoning Shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed On appeal. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: ® Landscape and Horticultural Services SIC 078 ® Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Contractors SIC 15, 16 17 • Local and Suburban Transit Services SIC 41 • Motor Freight Transportation & Warehousing SIC 42 • Transportation by Air SIC 45 a Utility Facilities & Their Accessory Uses SIC 49 o Building Materials, Hardware, Garden Supply, Mobile Home Dealers and Retail Nurseries SIC 52 • Wholesale Trade Businesses No SIC • Drive -In Motion Picture Theaters SIC 7833 • Self -Service Storage Facilities No SIC • Public Utility Distribution Facilities No SIC • Residential Uses Which are Accessory to Allowed Business Uses No SIC • Flex -Tech No SIC • Tractor Truck & Tractor Truck Trailer Parking No SIC For Miscellaneous Repair Services (SIC 76), the Owner proffers not to engage in the following uses on the Property: From Welding Repair (SIC 7692): • Repair of cracked castings (welding service) From Arniature Rewinding Shops (SIC 7694): • Rebuilding motors, other than automotive From Repair Shops and Related Services, Not Elsewhere Classified (SIC 7699): • Agricultural equipment repair • Blacksmith shops • Cleaning bricks • Coppersmithing repair, except construction • Enginepair, except automotive • Farm machinery repair • Farriers (blacksmith shops) • Horseshoeing • Industrial truck repair • Lawnmower repair shops • Motorcycle repair shops • Tank truck cleaning service • Taxidermists • Tinsmithing repair, except construction All other Miscellaneous Repair Services (SIC 76) shall be allowed on the Property_ Should the Board amend the B3 (Industrial Transition) Zoning District to allow other by right uses, the Owner reserves the right to use the Property for said future allowed by right uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless 2 otherwise Specified herein. The term "Owner" as referenced herein shall include within Its meaning all f ltLll-C Owllcl-S and SLICCCSSOI-S ill Intel-CSt. WhCII Used ill these proffers, the "Preliminary Landscape Plan," shall refer to the plan entitled "Preliminary Landscape Plan" dated September 24, 2019. The Preliminary Landscape Plan shall be incorporated by reference herein as "Exhibit l." The Owner proffers that its development of the Property will be in substantial C011fOrmity with the Preliminary Landscape Plan. 2. Monetary Contributioll to Offset Impact of Development 2.1 The Owner hereby proffers to provide a monetary contribution of $0.10 per developed building square foot Im- County Firc and Rescue Services. The monetary ContribUt1011 shall be made payable to Frederick County at the time of the ISSllallec of, the Certificate of OCCUI)MICy PCI'llllt IOI' any 1)1'llllal-y Stl'LlCtlll'C Constructed on the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 3 Respectfully submitted, GENTLE HARVEST LC Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF To -wit: The foregoing instrUment was acknowledged before me this day of , 2020, by My commission expires: Registration number: of GENTLE HARVEST LC. !! NOTARY PUBLIC HALLE PROPERTIES LLC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF To -wit: The foregoing lnstrunlent was acknowledged before me this day oI., , 2020, by My commission expires: Registration number: of HALLE PROPERTIES LLC. NOTARY PUBLIC PROFFER S'I'ATENIICNT REZONING: RZ# 07-19 General BuSi11CSs (132) to Industrial Transition (133) PROPERTY: 1.204 Acres +/-; Tax Map Parcel 64-A-1 C (the "Property") RECORD OWNER: Gentle I-Iarvcst LC APPLICANT: I-Iallc Properties LLC PRO.IECT NAME: Discount Tirc ORIGINAL DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following Conditions, which shall supersede all other proffers on the Property that may have been made prior licreto. In the event that the above- rcfcrenced B3 conditional rezoning is not granted as applied for by the owner ("Owner"), these proffers shall be deemed withdrawn and shall be dull and void. FUrthcr, these proffers arc contingent Upon final rezoning of the Property with "filial rezoning" defined as that rczoning which is in effect on the clay following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is Contested, and the Owner elects not to submit developnlcrit plans Until such Contest is resolved, the tcrlll rezoning shall Include the Clay following entry OI a final COUrt Order afflri-nim, the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: o Landscape and Horticultural Services SIC 078 ® Offices and Storage Facilities for Building ConstrUctlon Contractors, Heavy Construction Contractors and Special Trade Contractors SIC 15, 16 17 • LOCH and SLiburban Transit Services SIC 41 • Motor Freight Transportation & Warehousing SIC 42 • Transportation by Air SIC 45 ® Utility Facilities & Their Accessory Uses SIC 49 o Building Materials, Hardware, Garden Supply Mobile Home Dealers and Retail Nurseries SIC 52 o Wholesale Trade Businesses No SIC • —Drive-In Motion Picture Theaters SIC 7833 • Self -Service Storage Facilities No SIC • Public Utility Distribution Facilities No SIC • Residential Uses Which are Accessory to Allowed Business Uses No SIC • Flex -Tech No SIC Tractor Truck & Tractor Truck Trailer Parking No SIC For Miscellaneous Repair Services (SIC 76), the Owner proffers not to engage in the following uses on the Property From Welding Repair (SIC 7692): • Repair of cracked castings (welding; service) From Armature Rewinding Shops (SIC 7694): • Rebuilding motors, other than automotive From Repair Shops and Related Services, Not Elsewhere Classified (SIC 7699): • Agricultural equipment repair • Blacksmith shops • Cleaning b�, ricks • Coppersmithing repair, except construction • Engine repair, except automotive • Farm machinery repair • Farriers (blacksmith shops) • Horseshoein • Industrial truck repair • Lawnmower repair shops • Motorcycle repair shops • Tank truck cleaning service • Taxidermists • Tinsmithing repair, except construction All other Miscellaneous Repair Services (SIC 76) shall be allowed on the Property. Should the Board amend the B3 (industrial Transition) Zoning District to allow other by right uses, the Owner reserves the right to use the Property for said future allowed by right uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless 2 otherwise specified herein. The term "Owner" as referenced herein shall include wlthill its I11Cai1111g all fLltLlrC OW11CCS alld SUCCCSSOrs in interest. When used Ill these proffers, the "P['climillary Landscape Plan," shall refer to the plan entitled "Preliminary Landscape Plan" dated September 24, 2019. The Preliminary Landscape Plan shall be incorporated by reference herein as "Exhibit I." The Owner proffers that its development of the Property will be ill substantial conffor1111ty with the Preliminary Landscape Plan. 2. Monetary Contribution to Offset Impact of Development 2.1 The Owner hereby proffers to provide a monetary contrlbUt1011 Of $0.10 per L1cvelopcd building square foot for County Fire and Rescue Services. The monctary contribLlt1011 Shall be Made payable to Frcdcrick COUnty at the time Of the ISSL1al1CC Of the CCrtlflCatC Of Occupancy Permit for any pl'1i11ary Stl'LlCtlll'C constructed On the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 3 Respectfully submitted, GENTLE HARVEST LC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF To -wit: The foregoing instrument was acknowledged before nic this day of , 2020, by My commission expires: Registration number: of GENTLE HARVEST LC. 4 NOTARY PUBLIC HALLE PROPERTIES LLC By: Its: STATE/COMMONWEAL"I'I-I OF , AT LARGE CITY/COUNTY OF , To -wit: The Iorcgoing instrument was ackno\Vlcdged before me this clay of , 2020, by of HALLE PROPERTIES LLC. NOTARY PUBLIC My commission expires: Registration number: PROFFER STATEMENT REZONING: RZ## 07-19 General Business (132) to Industrial Transition (I33) PROPERTY: 1.204 Acres Tax Map Parcel 64-A- I C (the "Property") RECORD OWNER: Gentle Harvest LC APPLICANT: Halle Properties LLC PROJECT NAME: Discount Tirc ORIGINAL DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above - referenced B3 conditional rezoning is not granted as applied for by the owner ("Owner"), these proffers shall be decreed withdrawn and shall be mill and void. Further, these proffers are contingent Upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested In the appropriate court. If the Board's decision is contested, and the Owner elects not to Submit development plans Until SUCK Contest is resolved, the term rezoning shall include the clay following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: • Landscape and Horticultural Services SIC 078 • Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Contractors SIC 15, 16 17 • Local and Suburban Transit Services SIC 41 • Motor Freight Transportation & Warehousing SIC 42 • Transportation by Air SIC 45 • Utility Facilities & Their Accessory Uses SIC 49 • Building Materials, Hardware, Garden Supply, Mobile Home Dealers and Retail Nurseries SIC 52 • Wholesale Trade Businesses No SIC • Drive -In Motion Picture Theaters SIC 7833 • Self -Service Storage Facilities No SIC • Public Utility Distribution Facilities No SIC • Residential Uses Which are Accessory Allowed Business Uses No SIC • Flex -Tech No SIC Tractor Truck & Tractor Truck Trailer Parking No SIC For Miscellaneous Repair Services (SIC 76), the Owner proffers not to engage in the following uses on the Property From Welding Repair (SIC 7692): • Repair of cracked castings (welding service) From Armature Rewinding Shops (SIC 7694): • Rebuilding motors, other than automotive From Repair Shops and Related Services, Not Elsewhere Classified (SIC 7699): • Agricultural equipment repair • Blacksmith shops • Cleaning bricks • Connersmithine repair. except construction • Engine repair, except automotive • Farm machinery repair • Farriers (blacksmith shops) • Horseshoeing • Industrial truck repair • Lawnmower repair shops • Motorcyclepair shops • Tank truck cleaning service • Taxidermists • Tinsmithing repair, except construction All other Miscellaneous Repair Services (SIC 76) shall be allowed on the Property Should the Board amend the B3 (Industrial Transition) Zoning District to allow other by right uses, the Owner reserves the right to use the Property for said future allowed by uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless 2 otllcl'wisc specified llel'Cill. The tcrm "Owner" as referenced herein shall include within its meaning all future owners and SLICCCSSOI-S ill illtCl-CSt. WI1Cll LISCCI ill these proffers, the "Preliminary Landscape Plan," shall refer to the plan entiticcl "PrCliminary LalldsCapC Plan" Clatcd Scptcmbcl' 24, 2019. The Prcliminary LalldsCapC Plan shall be incorporated by reference herein as "Exhibit I." The Owner proffers that its development of the Property will be in substantial conformity with the PCCllnllllary LalldsCapC Plan. 2. Monctary Contribution to Offset h i)act of Development 2.1 The Owncr hereby proffci-s to provide a I onctary contribution of `50.10 per cfevelopccl building square foot for County Firc and Rescuc Services. The monetary contrlbllti011 shall bC madc payable to Frederick County at the tnl1C Of tllc 1SSLIa11CC Of tllC Ccrtlficatc Of OCCL1pancy Pci-mlt for any primary Stl-LICtLIrC Constructed on the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 3 Respectfully submitted, GENTLE HARVEST LC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF 'To -wit: The foregoing instrument was acknowledged before me this day of , 2020, by My commission expires: Registration number: of GENTLE HARVEST LC. M NOTARY PUBLIC , AT LARGE The I01-Cg011lg ill5tl'lllllCllt was acknowledged My Commission expires: Registration number: _ 111C this day of , HALLE PROPERTIES LLC. PROFFER STATEMENT REZONING: RZ# 07-19 General BUSilICSS (132) to Industrial Transition (133) PROPERTY: 1.204 Acres +/-; Tax Map Parcel 64-A- I C (the "Property") RECORD OWNER: Gentle Harvest LC APPLICANT: I-Ialic Properties LLC PROJECT NAME: Discount Tire ORIGINAL DATE OF PROFFERS: November 21, 2019 Tile undersigned Owner hereby proffers that the use and development of the Property sliall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above - referenced B3 conditional rezoning is not granted as applied for by the owner ("Owner"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested In the appropriate court. If the Board's decision Is contested, and the Owner elects not to SLlbi-nit development plans Until such contest Is resolved, the term rezoning shall Il1CILICIC the day following entry of a final Court order affirming the decision of the Board which has not been appealed, or, If appealed, the Clay following which the decision has been affirmed On appeal. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: ® Landscape and Horticultural Services SIC 078 ® Offices and Storage Facilities for Building ConstrUCtiOn Contractors, Heavy Construction Contractors and Special Trade Contractors SIC 15, • Local and Suburban Transit Services SIC 41 • Motor Freight Transportation & Warehousing SIC 42 • Transportation by Air SIC 45 ® Utility Facilities & Their Accessory Uses SIC 49 © Building Materials, Hardware, Garden SLlpply, Mobile Home Dealers and Retail Nurseries SIC 52 ® Wholesale Trade Businesses No SIC • Drive -In Motion Picture Theaters SIC 7833 • Self -Service Storage Facilities No SIC • Public Utility Distribution Facilities No SIC • Residential Uses Which are Accessory to Allowed Business Uses No SIC • Flex -Tech No SIC • Tractor Truck & Tractor Truck Trailer Parking No SIC For Miscellaneous Repair Services (SIC 76), the Owner proffers not to engage in the following uses on the Property From Welding Repair (SIC 7692): • Repair of cracked castings (welding service) From An -nature Rewinding Shops (SIC 7694): • Rebuilding motors, other than automotive From Repair Shops and Related Services, Not Elsewhere Classified (SIC 7699): • Agricultural equipment repair • Blacksmith shops • Cleaning bricks • Coppersmithing repair, except construction • Enginepair, except automotive • Farm machinerypair • Farriers (blacksmith shops) • Horseshoeing • Industrial truck repair • Lawnmower repair shops • Motorcyclepair shops • Tank truck cleaning service • Taxidermists • Tinsmithing repair, except construction All other Miscellaneous Repair Services (SIC 76) shall be allowed on the Property. Should the Board amend the B3 (Industrial Transition) Zoning District to allow other by right uses, the Owner reserves the right to use the Property for said future allowed by right uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless FA otherwise specified herein. The term "Owner" as 1'Cfcrcnccd herein shall 111Cllldc within its mcaningT all futlll'C OWIlers and successors in interest. Wl1cn used in these proffers, the "Preliminary Landscape Plan," shall rCfcr to the plan cntlticcl "Preliminary Landscape Plan" elated September 24, 2019. The Preliminary Landscape Plan shall be incorporated by reference herein as "Exhibit 1." The Owner proffers that its clevclopnlent of the Property Will be in substantial conformity With the Preliminary Landscape Plan. 2. Monetary Contribution to Offset Impact of Development 2.1 The Owner hereby proffers to provide a monetary contribution Of $0.10 per developed building sgLlarc foot for County Tire and Rcscuc Services. The monetary colltrlbLit1011 Shall be made payable to Frcclerick County at the time of the issuance of the Certificate Of OCCLIpancy Permit for any primary StrlletLll'C constructed On the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 3 Respectfully Submitted, GENTLE HARVEST LC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF To -wit: The foregoing lnStl'lllllellt was acknowledged before nic this day of , 2020, by My commission cxpires: Rcglstration number: of GENTLE HARVEST LC. m NOTARY PUBLIC I-IALLE PROPERTIES LLC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF To -wit: The forcgoing instCUnmit was acknowledged before nic this Clay of , 2020, by My commission cxpires: Registration numbu: of HALLE PROPERTIES LLC. 5 NOTARY PUBLIC PROFFER STATEMENT REZONING: RZ# 07-19 General Business (132) to Industrial Transition (133) PROPERTY: 1.204 Acres -F/-; Tax Map Parcel 64-A-1 C (the "Property") RECORD OWNER: Gentle Harvest LC APPLICANT: Halle Properties LLC PROJECT NAME: DISCOUnt Tire ORIGINAL DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above - referenced B3 conditional rezoning Is not granted as applied for by the Owner ("Owner"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are Contingent Upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the clay following the last clay upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be Contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans Until such Contest is resolved, the term rezoning shall Include the day following entry Of a final COUrt Order affirming the decision of the Board which has not been appealed, or, if appealed, the clay following which the decision has been affirmed on appeal. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: • Landscape and Horticultural Services SIC 078 • Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Contractors SIC 15, 16 17 • Local and Suburban Transit Services SIC 41 • Motor Freight Transportation & Warehousing SIC 42 • Transportation by Air SIC 45 • Utility Facilities & Their Accessory Uses SIC 49 • Building; Materials, Hardware, Garden SuRp1v, Mobile Home Dealers and Retail Nurseries SIC 52 • Wholesale Trade Businesses No SIC • Drive -In Motion Picture Theaters SIC 7833 • Self -Service Storage Facilities No SIC • Public Utility Distribution Facilities No SIC • Residential Uses Which are Accessory to Allowed Business Uses No SIC • Flex -Tech No SIC Tractor Truck & Tractor Truck Trailer Parking No SIC For Miscellaneous Repair Services (SIC 76), the Owner proffers not to engage in the following uses on the Property: From Welding Repair (SIC 7692): • Repair of cracked castings (welding service) From Armature Rewinding Shops (SIC 7694): • Rebuilding motors, other than automotive From Repair Shops and Related Services, Not Elsewhere Classified (SIC 7(99): • Agricultural equipment repair • Blacksmith shops • Cleaning, b�, ricks • Coppersmithing repair, except construction • Engine repair, except automotive • Farm machinery repair • Farriers (blacksmith shops) • Horseshoein�: • Industrial truck repair • Lawnmower repair shops • Motorcycle repair shops • Tank truck cleaning service • Taxidermists • Tinsmithing repair, except construction All other Miscellaneous Repair Services (SIC 76) shall be allowed on the Property. Should the Board amend the B3 (Industrial Transition) Zoning District to allow other by uses, the Owner reserves the right to use the Property for said future allowed by right uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless 2 Otherwise spccificd herein. The tC1-111 "OWllCl" as I-C{CI'CIICCCI I1C1'cill Shall ilICIL1dC within its mcaning all fLltllrc OWncrS and SUCCCSSOI'S ill IlltCl-CSt. WhCll LISCCI ill thcsc proffers, the "Preliminary Landscape Plan," shall refer to the plan entitled "Preliminary Landscape Plan" dated September 24, 2019. The Preliminary Landscape Plan shall be incorporated by rcf'crcncc herein as "Exhibit I." The Owner proff-crs that its CIcvcIOpn-icnt Of the Property will be ill substantial Conflormity with the Prcliminary Landscape Plan. 2. 1Vlonctary Contribution to Of{ -set Imt)act of Dcvclol)mcnt 2.1 The Owner hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rcscuc Services. The Monetary contribution Shall be made payable to Frederick County at the time o{ the issuance o{� the Certificate of OCCLIpallCy PCI-mit {OI' ally pl'llllal'y Stl'LICILII'C constructed on the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 3 Respectfully submitted, GENTLE HARVEST LC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF To -wit: The foregoing lllStl'lllllcllt was ackiioWlCdged before me this day of , 2020, by My commission expires: Registration number: _ of GENTLE HARVEST LC. m NOTARY PUBLIC HALLE PROPERTIES LLC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF . To -wit: The forcgoing lnStl-LllllCllt Was acknowledged before me this day of 2020, by of I-IALLE PROPERTIES LLC. My commission cxpires: Registration numbcr: 5 NOTARY PUBLIC PROFFER STATEMENT REZONING: RZ# 07-19 General Business (132) to Industrial Transition (B3) PROPERTY: 1.204 Acres -F/-; Tax Map Parcel 64-A-1C (the "Property") RECORD OWNER: Gentle Harvest LC APPLICANT: Halle Properties LLC PROJECT NAME: Discount Tire ORIGINAL DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above - referenced B3 conditional rezoning is not granted as applied for by the owner ("Owner"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent Upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the clay following the last clay upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans Until Such Contest is resolved, the term rezoning shall include the clay following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the clay following which the decision has been affirmed on appeal. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: Landscape and Horticultural Services SIC 078 ® Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Contractors SIC 15, 16 17 • Local and Suburban Transit Services SIC 41 • Motor Freight Transportation & Warehousing SIC 42 • Transportation by Air SIC 45 ® Utility Facilities & Their Accessory Uses SIC 49 ® Building Materials, Hardware, Garden Supply, Mobile Home Dealers and Retail Nurseries SIC 52 ® Wholesale Trade Businesses No SIC • Drive -In Motion Picture Theaters SIC 7833 • Self -Service Storage Facilities No SIC • Public Utility Distribution Facilities No SIC • Residential Uses Which are Accessory to Allowed Business Uses No SIC • Flex -Tech No SIC Tractor Truck & Tractor Truck Trailer Parking No SIC For Miscellaneous Repair Services (SIC 76), the Owner proffers not to en -gage in the following uses on the Property From Welding Repair (SIC 7692): • Repair of cracked castings (welding service) From Armature Rewinding Shops (SIC 7694): • Rebuilding motors, other than automotive From Repair Shops and Related Services, Not Elsewhere Classified (SIC 7699): • Agricultural equipment repair • Blacksmith shops • Cleaning brick ricks • Coppersmithing repair, except construction • Engine repair, except automotive • Farm machineryrrepair • Farriers (blacksmith shops) • Horseshoeins: • Industrial truck repair • Lawnmower repair shops • Motorcycle repair shops • Tank truck cleaning service • Taxidermists • Tinsmithing repair, except construction All other Miscellaneous Repair Services (SIC 76) shall be allowed on the Property. Should the Board amend the B3 (Industrial Transition) Zoning District to allow other by right uses, the Owner reserves the right to use the Property for said future allowed by right uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless FA Othcrwisc spcclficcl herein. The term "Owner" as referenced herein shall include within Its meaning all fLltLl1-C Owners and successors in interest. When used in these proffers, the "Preliminary Landscape Plan," shall refer to the plan entitled "Preliminary Landscape Plan" dated September 24, 2019. The P1'Climiilary Landscape Plan shall be incorporated by rcf-crci1cc herein as "Exhibit L" The Owner proffers that its development Of the Property will be in substantial conformity with the Preliminary Landscape Plan. 2. Monetary Contrlbut1011 to Offset Impact of Devclotlmcnt 2.1 The Owner hereby proffers to provide a monctary contributioll Of $0.10 per developed building square foot for County Fire and Rescue Services. "file monetary contribution shall be made payable to Frederick County at the 6111C Of the issuance of the Certificatc of OCCupancy Permit for any primary Strllctllre constructed on the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 3 Respectfully submitted, GENTLE HARVEST LC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF To -wit: The forcgonlb lllStl'11111Cllt was acknowledged bclore 111E this day of , 2020, by My commission expires: Rcglstratlon number: of GENTLE HARVEST LC. 4 NOTARY PUBLIC HALLE PROPERTIES LLC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF To -wit: The foregoing instrument was acknowledged before nlc this day of. , 2020, by My commission expires: Registration IlUmber: _ of HALLE PROPERTIES LLC. NOTARY PUBLIC PROFFER STA,rENIENT REZONING: RZ# 07-19 General Business (132) to Industrial Transition (133) PROPERTY: 1.204 Acres +/-; Tax Map Parcel 64-A-1 C (the "Property") RECORD OWNER: Gentle Harvest LC APPLICANT: Halle Properties LLC PROJECT NAME: Discount Tire ORIGINAL DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above - referenced B3 conditional rezoning is not granted as applied for by the owner ("Owner"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are Contingent Upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the clay following the last clay upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans Until SLICII Contest is resolved, the term rezoning shall include the clay following entry of a {Anal court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. nd Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: o Landscape and Horticultural Services SIC 078 o Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Contractors SIC 15, 16 17 • Local and Suburban Transit Services SIC 41 • Motor Freight Transportation & Warehousing SIC 42 • Transportation by Air SIC 45 a Utility Facilities & Their Accessory Uses SIC 49 ® Building Materials, Hardware, Garden Supply, Mobile Home Dealers and Retail Nurseries SIC 52 ® Wholesale Trade Businesses No SIC • Drive -In Motion Picture Theaters SIC 7833 • Self -Service Storage Facilities No SIC • Public Utility Distribution Facilities No SIC • Residential Uses Which are Accessory to Allowed Business Uses No SIC • Flex -Tech No SIC • Tractor Truck & Tractor Truck Trailer Parking No SIC For Miscellaneous Repair Services (SIC 76), the Owner proffers not to engage in the following uses on the Property: From Welding Repair (SIC 7692): • Repair of cracked castings (welding service) From Armature Rewinding Shops (SIC 7694): • Rebuilding motors, other than automotive From Repair Shops and Related Services, Not Elsewhere Classified (SIC 7699): • Agricultural equipment repair • Blacksmith shops • Cleaning bricks • Coppersmithing repair, except construction • Enginepair, except automotive • Farm machinery repair • Farriers (blacksmith shops) • Horseshoein� • Industrial truck repair • Lawnmower repair shops • Motorcycle repair shops • Tank truck cleaninu service • Taxidermists • Tinsmithing repair, except construction All other Miscellaneous Repair Services (SIC 76) shall be allowed on the Property. Should the Board amend the B3 (Industrial Transition) Zoning District to allow other by right uses, the Owner reserves the right to use the Property for said future allowed by right uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless 2 Otllci-wise spccificd 11crein. The terlll "Owner" as referenced hercin shall include wlthill Its 11lCFllllilg all fLltLll'C Owners and successors ill Interest. WhCll LISC(l ill these proffers, the "Preliminary Landscape Plan," shall refer to the plan entitled "Preliminary Landscape Plan" elated September 24, 2019. The Preliminary Landscapc Plan Shall bC incorporatcd by rcfcrcncc herein as "Exhibit 1." The Owncl- proffus that Its developmcnt of the Property will be ill substantial Conflorilllty with the Prcliminary Landscape Plan. 2. Monetary Contribution to Offsct Impact of Development 2.1 The Owner hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Firc and Rescue SCI-ViCCS. The monctary contrlbllt1011 shall bC madc payable to FrCdcrick COLlilty at the thine of the 1SSuancc of the CCrtlf catc of' OCCupFulCy PCrlllit flor any pl'lillary Stl'LICtLII'C Constructed on tllC Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 3 Respectfully submittcd, ,ATLARGE , To -wit: Foregoing inst111111c11t was acknowledged before nic this clay of , of GENTLE HARVEST LC. NOTARY PUBLIC My commission cxpiccs: Registration number: HALLE PROPERTIES LLC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF To -wit• The foregoing mstrUment was acknowledgccl bcfore me this Clay of , 2020, by My commission expires: Registration number: of HALLE PROPERTIES LLC. NOTARY PUBLIC PROFFER STATEMENT REZONING: RZ#f 07-19 General Business (132) to Industrial Transition (133) PROPERTY: 1.204 Acres -F/-; Tax Map Parccl 64-A-1 C (the "Property") RECORD OWNER: Gentle I-Iarvest LC APPLICANT: Halle Properties LLC PROJECT NAME: Discount Tire ORIGINAL DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that nlay have been made prior hereto. In the event that the above - referenced B3 conditional rezoning IS not granted as applied for by the owner ("Owner"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are Contingent Upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last clay upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be Contested in the appropriate Court. If the Board's decision is contested, and the Owncr elects not to submit development plans Until SUCK Contest is resolved, the tcriln rezoning Shall include the day following entry of a final Court Order affirming the decision of the Board which has not been appealed, or, il'appealed, the day following which the decision has been affirmed on appeal. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: • Landscape and Horticultural Services SIC 078 • Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Contractors SIC 15 16 17 • Local and Suburban Transit Services SIC 41 • Motor Freight Transportation & Warehousing SIC 42 • Transportation by Air SIC 45 • Utility Facilities & Their Accessory Uses SIC 49 • Building Materials, Hardware, Garden Supply Mobile Home Dealers and Retail Nurseries SIC 52 • Wholesale Trade Businesses No SIC • Drive -In Motion Picture Theaters SIC 7833 • Self -Service Storage Facilities No SIC • Public Utility Distribution Facilities No SIC • Residential Uses Which are Accessory to Allowed Business Uses No SIC • Flex -Tech No SIC • Tractor Truck & Tractor Truck Trailer Parking No SIC For Miscellaneous Repair Services (SIC 76), the Owner proffers not to engage in the following uses on the Property From Welding Repair (SIC 7692): • Repair of cracked castings (welding service) From Armature Rewinding, Shops (SIC 7694): • Rebuilding motors, other than automotive From Repair Shops and Related Services, Not Elsewhere Classified (SIC 7699): • Agricultural equipment repair • Blacksmith shops • Cleaning bricks • Coppersmithing repair, except construction • Enginepair, except automotive • Farm machinery repair • Farriers (blacksmith shops) • Horseshoeing • Industrial truck repair • Lawnmower repair shops • Motorcycle repair shops • Tank truck cleaning service • Taxidermists • Tinsmithing repair, except construction All other Miscellaneous Repair Services (SIC 76) shall be allowed on the Property. Should the Board amend the B3 (Industrial Transition) Zoning District to allow other by right uses, the Owner reserves the right to use the Property for said future allowed by right uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless 2 otherwise spccillcd herein. The term "Owncr" as i-Cferciiecd herein Shall includc within its meaning all future owners and SL1cecssors in interest. When USCd in these proffers, the "Preliminary Landscape Plan," shall refer to the plan entitled "Preliminary Landscape Plan" dated September 24, 2019. The Preliminary Landscape Plan Shall be incorporated by reference herein as "Exhibit I." The Owner proffers that its development of the Property will be in substantial conformity with the Preliminary Landscape Plan. 2. Monetary Contribution to Offset Impact of Devclopinent 2.1 The Owner hereby proffers to provide a monetary contrlbUt1011 of $0.10 per developed building square foot for County Tire and Rescue Services. The monetary C011tribUtioll Shall be made payable to Frederick County at the time of the ISSL1ai1CC Of the CCI-tificatc of OCCLIpallCy Permit for any primary structure constructed on the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 91 RCspectfully submittccl, GENTLE I-fARVEST LC By: Its: STATE/COMMONWEALTI-I Or AT LARGE CITY/COUNTY Or , To -wit: The fforegoing instl'U111cnt was acknow1Ccigccl before me this clay of , 2020, by My Commission CXpires: Registration IlUmber: _ of GENTLE HARVEST LC. 0 NOTARY PUBLIC I-IALLE PROPERTIES LLC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF , To -wit: The fol-Cgolllg lllStl-LllllCllt was acknowlcciged beforC nic this day of , 2020, by My commission expires: Registration number: of HALLE PROPERTIES LLC. NOTARY PUBLIC PROFFER s,rA'rENIIEN'r REZONING: RZ# 07-19 General Bl1SIi1CSS (132) to Industrial Transition (133) PROPERTY: 1.204 Acres +/-; Tax Map Parecl 64-A-1C (the "Property") RECORD OWNER: Gentle Harvest LC APPLICANT: I-Iallc Properties LLC PROJECT NAME: Discount Tirc ORIGINAL DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above - referenced B3 Conditional rezoning is not granted as applied for by the owner ("Owner"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon filial rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the clay following the last day upon which the Frederick County Board of Supervisors' (thc "Board") decision granting the reZolllilg May be Contested in the appropriate court. If the Board's decision is contested, and the Owllcr elects not to submit development plans Until Such contest is resolvecl, the term rezoning shall include the day following entry of a final Court order affirming the decision of the Board which has not been appealed, or, 1{,appealed, the day following which the decision has been affirmed on appeal. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: m Landscape and Horticultural Services SIC 078 ® Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Contractors SIC 15, 16 17 • Local and Suburban Transit Services SIC 41 • Motor Freight Transportation & Warehousing SIC 42 • Transportation by Air SIC 45 ® Utility Facilities & Their Accessory Uses SIC 49 o Building Materials, Hardware, Garden Supply Mobile Home Dealers and Retail Nurseries SIC 52 ® Wholesale Trade Businesses No SIC • Drive -In Motion Picture Theaters SIC 7833 • Self -Service Storage Facilities No SIC • Public Utility Distribution Facilities No SIC • Residential Uses Which are Accessory to Allowed Business Uses No SIC • Flex -Tech No SIC 0 Tractor Truck & Tractor Truck Trailer Parking No SIC For Miscellaneous Repair Services (SIC 76), the Owner proffers not to engage in the following uses on the Property: From Weldingpair (SIC 7692): • Repair of cracked castings (welding service) From Armature Rewinding Shops (SIC 7694): 0 Rebuilding motors, other than automotive From Repair Shops and Related Services, Not Elsewhere Classified (SIC 7699): • Agricultural equipment repair • Blacksmith shops • Cleaningbricks ricks • Coppersmithing repair, except construction • Enginepair, except automotive • Farm machinery repair • Farriers (blacksmith shops) • HorseshoeinQ • Industrial truck repair • Lawnmower repair shops • Motorcycle repair shops • Tank truck cleaning service • Taxidennists • Tinsmithing repair, except construction All other Miscellaneous Repair Services (SIC 76) shall be allowed on the Property. Should the Board amend the B3 ( Industrial Transition) Zoning District to allow other by right uses, the Owner reserves the right to use the Property for said future allowed by right uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless 2 Otherwlsc SpCCII1CCl herclll. The term "Owner" as refcrencccl 11CI-cin Shall include within its meaning all future owners and SLICCCSSOI-S 111 iiltCl-CSt. WhCI1 LISCCI ill these proffers, the "Preliminary Landscape Plan," shall refer to the plan entitled "Preliminary Landscape Plan" dated Scptcmbcr 24, 2019. The Preliminary Landscape Plan shall be incorporated by reference l)creul as "Exhibit L" The Owner- proffers that its dcvclopmcnt of. the Property will be in substantial conformity with the PI-climinary Landscapc Plan. 2. Monetary Contribution to Offset Impact of Development 2.1 The Owner hereby proffers to provide a monetary contribution of $0.10 per dcvclopccl building square foot for County Firc and RCSCLIC Services. The monctary contrlbUt1011 shall be made payable to Frederick County at the tulle Ole tllC issuance of- the Certificate of OCCLIptIllCy PCI-Illlt Ior any primary structLil-C COI1Stl-LICtCCI Oil the PI.OI)Crty. SIGNATURES APPEAR ON THE FOLLOWING PAGES 3 RCSI)CCILIIIy Sllbll)1tted, GENTLE HARVEST LC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF To -wit: The foregoing il)strument was acknowledged before nie this day of 2020, by My commission expires: Rcglstratlon number: of GENTLE HARVEST LC. 4 NOTARY PUBLIC I-IALLE PROPERTIES LLC In Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF , To -wit: The Iorcgoing instrumcnt was acknowicdged before nlc this day of , 2020, by My commission expires: Registration nUmber: of HALLE PROPERTIES LLC. NOTARY PUBLIC PROFFER STATEMENT REZONING: RZ# 07-19 General Business (132) to Industrial Transition (133) PROPERTY: 1.204 Acres +/-; Tax Map Parccl 64-A-1 C (the "Property") RECORD OWNER: Gentle Hat -vest LC APPLICANT: Halle Properties LLC PROJECT NAME: Discount Tire ORIGINAL DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above - referenced B3 Conditional rezoning is not granted as applied for by the owner ("Owner"), these proffers shall be deerned withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested In the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the clay following entry of a final Court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: Landscape and Horticultural Services SIC 078 Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Contractors SIC 15, 16 17 • Local and Suburban Transit Services SIC 41 • Motor Freight Transportation & Warehousing SIC 42 • Transportation by Air SIC 45 ® Utility Facilities & Their Accessory Uses SIC 49 ® Building Materials, Hardware, Garden Supply, Mobile Home Dealers and Retail Nurseries SIC 52 ® Wholesale Trade Businesses No SIC • Drive -In Motion Picture Theaters SIC 7833 • Self -Service Storage Facilities No SIC • Public Utility Distribution Facilities No SIC • Residential Uses Which are Accessory to Allowed Business Uses No SIC • Flex -Tech No SIC • Tractor Truck & Tractor Truck Trailer Parking No SIC For Miscellaneous Repair Services (SIC 76), the Owner proffers not to engage in the following uses on the Property: From Welding Repair (SIC 7692): • Repair of cracked castings (welding service) From Armature Rewinding Shops (SIC 7694): • Rebuilding motors, other than automotive From Repair Shops and Related Services, Not Elsewhere Classified (SIC 7699): • Agricultural equipment repair • Blacksmith shops • Cleaning bricks • Coppersmithing repair, except construction • Engine repair, except automotive • Farm machinery repair • Farriers (blacksmith shops) • Horseshoeing • Industrial truck repair • Lawnmower repair shops • Motorcycle repair shops • Tank truck cleaning service • Taxidermists • Tinsmithing repair, except construction All other Miscellaneous Repair Services (SIC 76) shall be allowed on the Property. Should the Board amend the B3 (Industrial Transition) Zoning District to allow other by right uses, the Owner reserves the right to use the Property for said future allowed by right uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless Otherwise spceiflccl herein. The term "Owner" as l'cfermccd herein shall include within Its meaning all illtLll-C Owners and SLICCCSS01'S ill llltCl-CSt. W11C11 Used 111 these proffers, the "Preliminary Landscape Plan," shall refer t0 the plan entitled "Preliminary Landscape Plan" dated September 24, 2019. Tl1c Preliminary Landscape Plan shall be incorporated by reference herein as "Exhibit I." The Owner proffers that its development of the Property will be in substantial conformity with the Preliminary Landscape Plan. 2. Monetary Contribution t0 Offset Impact Of Development 2.1 The Owner hereby proffers to provide a monetary contribution Of $0.10 per developed building square foot for County Fire and RCSCLIC Services. The monetary contrlbUt1011 shall be made payable to Frederick County at the time of the issuance of the Certificate of Occupancy Permit for any primary Structure constl-ucted On the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 3 Respectfully submitted, GENTLE HARVEST LC Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF , To -wit: The foregoing instrument was acknowledged before me this day of , 2020, by My commission expires: Rcglstratlon nlllllbcr: of GENTLE HARVEST LC. il NOTARY PUBLIC HALLE PROPERTIES LLC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF To -wit: The I01'Cg0111g illstRIMCllt was ackilowlcclgCCI bClol'C n1C this Clay oI , 2020, by of My Commission expires: Registration number: _ I-IALLE PROPERTIES LLC. NOTARY PUBLIC PROFFER STATEMENT REZONING: RZii 07-19 General Business (132) to Industrial "h1"allSlt1011 (133) PROPERTY: 1.204 Acres +/-; Tax Map Parcel 64-A-1C (tile "Property") RECORD OWNER: Gentle Harvest LC APPLICANT: Halle Properties LLC PROJECT NAME: Discount Tirc ORIGINAL DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. Ill the event that the above - referenced B3 conditional rezoning is not granted as applied for by the owner ("Owner"), these proffers shall be deemed withdrawn and shall be hull and void. Further, these proffers arc contingent upon filial rezoning of the Property with "filial rezoning" defined as that rezoning which is in effect on the clay following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be Contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved, the term rezoning shall include the clay following entry of a final Court order affirming the decision of the Board which has not been appealed, or, if appealed, the clay following which the decision has been affirmed on appeal. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses On the Property: • Landscape and Horticultural Services SIC 078 • Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Contractors SIC 15, 16 17 • Local and Suburban Transit Services SIC 41 • Motor Freight Transportation & Warehousing SIC 42 • Transportation by Air SIC 45 • Utility Facilities & Their Accessory Uses SIC 49 • Building Materials, Hardware, Garden Supply, Mobile Home Dealers and Retail Nurseries SIC 52 • Wholesale Trade Businesses No SIC • Drive -In Motion Picture Theaters SIC 7833 • Self -Service Storage Facilities No SIC • Public Utility Distribution Facilities No SIC • Residential Uses Which are Accessory to Allowed Business Uses No SIC • Flex -Tech No SIC • Tractor Truck & Tractor Truck Trailer Parking No SIC For Miscellaneous Repair Services (SIC 76), the Owner proffers not to en ag'g'e in the following uses on the Property_ From Welding Repair (SIC 7692): • Repair of cracked castings (welding service) From Armature Rewinding Shops (SIC 7694): • Rebuilding motors, other than automotive From Repair Shops and Related Services, Not Elsewhere Classified (SIC 7699): • Agricultural equipment repair • Blacksmith shops • Cleaning, bricks • Coppersmithing repair, except construction • Engine repair, except automotive • Farm machinery repair • Farriers (blacksmith shops) • Horseshoeing • Industrial truck repair • Lawnmower repair shops • Motorcycle repair shops • Tank truck cleaning service • Taxidermists • Tinsmithing repair, except construction All other Miscellaneous Repair Services (SIC 76) shall be allowed on the Property. Should the Board amend the B3 (Industrial Transition) Zoning District to allow other by right uses, the Owner reserves the right to use the Property for said future allowed by right uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless 2 Ot11Cl-wise Spcciflccl hercill. The tCr111 "OWIM"' as 1-CfCl-Ci1CCCI I1CI-Clll shall 111CILICIC within its meaning all flltllrc owners MCI sucecssors ill interest. WI1C1l IISC(I ill these proffers, the "Preliminary Lanclscapc Plan," shall refer to the plan entitled "Preliminary Landscape Plan" dated Scpten)bcr 24, 2019. The Preliminary Lanclscapc Plan shall be incorporated by refcrencc herein as "Exhibit L" The Owner proffers that its devclopnncnt of the Property will be in substantial conformity With the Preliminary Landscape Plan. 2. Monetary Contribution to 01'fset Impact of Dcyc1Opment 2.1 The Owncr hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Firc and Rcscuc Services. The monctary COIltrlbUti011 Shall be made payable to Frederick County at the tune of the issuance of the Certificate of Occupancy Permit for any primary StructurC C011Stl-llCtCd 011 the PI.OI)Crty. SIGNATURES APPEAR ON THE FOLLOWING PAGES 3 Respectfully submitted, GENTLE HARVEST LC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY Or To -wit: The foregoing instrument was acknowledged before me this day of 2020, by of GENTLE HARVEST LC. My commission expires: Registration number: _ 11 NOTARY PUBLIC I-IALLE PROPERTIES LLC By: Its: STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF To -wit: The Io1'CIgoing 111Stf11111C11t was acknowlCdgcd bCIOPC me this clay of , 2020, by of My Co111missioI1 cxpl 'CS: RCg1Stratloll Mlinbcr: 5 HALLE PROPERTIES LLC. NOTARY PUBLIC PROFFER STATEMENT REZONING: RZ# 07-19 General Business (132) to Industrial Transition (133) PROPERTY: 1.204 Acres -1-/-; Tax Map Parecl 64-A- I C (thc "Property") RECORD OWNER: Gentle Harvest LC APPLICANT: Halle Properties LLC PROJECT NAME: Discount Tire ORIGINAL DATE OF PROFFERS: November 21, 2019 The undersigned Owner hereby proffers that the use and development of the Property shall be in strict conformance with the following Conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above - referenced B3 conditional rezoning Is not granted as applied for by the owner ("Owner"), these proffers shall be cleemed withdrawn and shall be null and void. Further, these proffers are contingent Upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the clay following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested In the appropriate court. If the Board's decision is contested, and the Owner elects not to submit devcIopmcnt plans until Such Contest Is I-CSOIVCCI, the term rezoning shall include the day following entry of a final Court order affirming the decision OI the Board which has not been appealed, Or, if appealed, the day following which the decision has been affirmed On appeal. Land Use Restrictions 1.1 The Owner hereby proffers not to engage in the following uses on the Property: • Landscape and Horticultural Services SIC 078 • Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Contractors SIC 15, • Local and Suburban Transit Services SIC 41 • Motor Freight Transportation & Warehousing SIC 42 • Transportation by Air SIC 45 • Utility Facilities & Their Accessory Uses SIC 49 • Building Materials, Hardware, Garden Supply, Mobile Home Dealers and Retail Nurseries SIC 52 • Wholesale Trade Businesses No SIC • Drive-in Motion Picture Theaters SIC 7833 • Self -Service Storage Facilities No SIC • Public Utility Distribution Facilities No SIC • Residential Uses Which are Accessory to Allowed Business Uses No SIC • Flex -Tech No SIC • Tractor Truck & Tractor Truck Trailer Parking No SIC For Miscellaneous Repair Services (SIC 76), the Owner proffers not to engage in the following; uses on the Property From Welding Repair (SIC 7692): • Repair of cracked castings (welding service) From Armature Rewinding Shops (SIC 7694): • Rebuilding motors, other than automotive From Repair Shops and Related Services, Not Elsewhere Classified (SIC 7699): • Agricultural equipment repair • Blacksmith shops • Cleaning bricks • Coppersmithing repair, except construction • Engine repair, except automotive • Farm machinery repair • Farriers (blacksmith shops) • Horseshoeing; • Industrial truck repair • Lawnmower repair shops • Motorcycle repair shops • Tank truck cleaning service • Taxidennists • Tinsmithing repair, except construction All other Miscellaneous Repair Services (SIC 76) shall be allowed on the Property. Should the Board amend the B3 (Industrial Transition) Zoning District to allow other by right uses, the Owner reserves the right to use the Property for said future allowed by right uses. 1.2 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless 2 otherwise specified herein. The term "Owner" as referenced herein shall include within Its meaning all future owners and successors In interest. WhCll Used ill these proffers, the "Preliminary Landscape Plan," shall refer to the plan ent►ticcI "Preliminary Landscape Plan" dated September 24, 2019. The Preliminary Landscape Plan shall be incorporated by reference herein as "Exhibit L" The Owner proffers that its development of the Property will be in substantial conformity with the Preliminary Landscape Plan. 2. Monetary Contribution to Offset Impact of DCVCIOUIIlCllt 2.1 The Owner hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and RCScl1C Services. The Monetary colltrlbUt►011 shall be made payable to Frederick County at the time of' the 1SSUancc Of the CCI't►fieatC Of OCCLlpancy Permit for any primary Stl'LICtlll'C constructed on the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 3 Rcspcctfully submitted, GENTLE HARVEST LC By: Its: STATE/CONIMONWEALTI-I OF , AT LARGE CITY/COUNTY OF To -wit: The foregoing instrument was acknowledged before me this day of , 2020, by My commission expires: Registration number: of GENTLE HARVEST LC. 4 NOTARY PUBLIC HALLE PROPERTIES LLC By: Its: STATE/COMMONWEALTI-I OF , AT LARGE CITY/COUNTY OF , To -wit: The 601-Cb0lilti 111StR1111C11t w£ls ackllowledgc I bdorC I11C this clay Of 2020, by My Commission expires: Rcgistration I111mber: of I-IALLE PROPERTIES LLC. 5 NOTARY PUBLIC r Rezoning Comments Vi►•ginia Department of Transportation Mail to: Virginia Department of "Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: Please [ill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, pi'offei- statement, impact analysis, aIld any othel' pertinent Information. Applicant's Name: Hare Properties LLC Telephone: (540) 665-0050 Mailing Address: do Thomas Moore Lawson, Esquire Thomas Moore Lawson, P.C. P.O. Box 2740, Winchester, VA 22604 Location of property: 120 Front Royal Pike Winchester, VA 22602 Current zoning: B2 Zoning requested: B3 Acreage: 1.204 Virginia Department of Transportation Comments: VDOT has no objection to the rezoning as presented. VDOT Signature &Dale: Notice to VDOT - Please Return tom to Applicant 21 • • 315 Tasker Road Stephens City, Virginia 22655 October 22, 2019 Halle Properties LLC C/o Thomas Moore Lawson PO Box 2740 Winchester VA 22604 12 f C' RH ' 11 PH (540) 868-1061 Fax (540) 868-1429 www.Fredericl<Water.com RE: Rezoning Application Comment Discount Tire Rezoning Application Tax Map Number: 64-A-IC 1.204 acres Eric R. Lawrence Executive Director Thank you for the opportunity to provide review comments on the Discount Tire Rezoning application. The subject property, located 120 Front Royal Pike, Winchester, Virginia, is currently served by the City of Winchester. Through redevelopment of the site, the City will continue to provide the water and sewer services. Sincerely, ' / 3 C� Eric R. Lawrence Executive Director Cc: Michael T. Ruddy, AICP, County Planning Department Frederick Water Board of Directors 0III S"1 ANNIVERSARY Water At Your Service �-�� 11 • Rezoning Comments Frederick County Department of Public Works Mail to: Frederick County Dept. of' Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-564 i IIand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Suite 200 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of l Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Halle Properties LLc Mailing Address: c/o Thomas Moore Lawson, Esquire P.O. Box 2740, Winchester, VA 22604 Location of property: 120 front Royal Pike Winchester, VA 22602 Telephone: (540) 665-0050 Current zoning: 82 Zoning rcquestcd: B3 -- Acreage: 1.204 Department of Public Works Comments: Wle - �c/s G_d_ �+m fs �'f 7 I Public Works Signature & Date:�M?` 4 Notice to Dept. of Public 1 orks - Please Return This Form to the Applicant 22 Frederick County Department of Fire and Rescue Office of the Fire Marshal 1080 Coverstone Drive IfYinchester, VA 22602 (540) 665-6350 Fax: (540) 678-4739 Email: finoot cva,as Plan Review & Comments Date Received 10/4/2019 Plan/Permit Type Name Discount Tire Address 120 Front Royal PIKE Project Name Applicant Name & Number RE# Permit Number Emergency Vehicle Access Hydrant Location: Siamese Location: Fire Lanes Required: Plan Approval Status Comments Signature: Reviewed By: Kenneth Scott, Jr. Title: Rezoning Application 10-04-19 Winchester New Commercial Business Thomas Moore Lawson, PC 540-665-0050 Adequate Inadequate /A Adequate Inadequate N A Adequate Inadequate N Yes No I16 Approve Date Reviewed 10/29/2019 VA 22602 • • Rezoning Comments Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred -Wine Service Authority Attn: Executive Director 9 W. Piccadilly Street Winchester, Virginia - - - ----- --- Applicant: Please fill out the information as accurately as possible in order to assist the Fred-Winc Service Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Halle Properties LLC Mailing Address: c/o Thomas Moore Lawson, Esquire Thomas Moore Lawson, P.C. P.O. Box 2740, Winchester, VA 22604 Location of property: 120 Front Royal Pike Winchester, VA 22602 Current zoning: B2 Telephone: (540) 665.0050 Zoning requested: B3 Acreage: 1.204 Fred-Winc Service Authority's Comments: Fred-Winc Service Authori 's mil✓' Signature & Date: t . A \ - Notice to Fred -Wine Service Authority - Please Return Form to Applicant 34 Rezoning Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 6,15, off of Rt. 522 South) Winchester, 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: Halle Properties LLC Mailing Address: c/o Thomas Moore Lawson, Esquire Thomas Moore Lawson. P.C. P.O. Box 2740, Winchesler. VA 22604 Location of' property: 120 Front Royal Pike Winchester, VA 22602 Current zoning: R2 Zoning requested: B3 Telephone: (540) 665.0050 Acreage: 1.204 Winchester Regional Airport's Comments: Winchester Regional Airport's i Signature & Date: Notice to Winchester Region 1 Airport - Please Return Form to Applicant 31 • 9 COI,JNYY of VIZI,,I E'ffl(-.K �n �-.....,_.mz�r-�._aa,w...»...1...�.s.-.-..u�v.rnsv...+.a....uW.�=.:. v...c as v.wn+.ca.ra.ua..n�,.wm»,.+w...,ua++..».......va ,..wc�wv... ..•.ro�.n..ww...t� .....«Rn.. ,.«mm..�.azn� n Roderick B. Williams Comity Attorney 5110/722-8383 Fax 5,10/667-0370 1�,-mail: r�ri llia<<l�cc�.l•rr.cicrick.��a.us October 21, 2019 VIA E-MAIL — tlawson(aNsple.com — AND REGULAR MAIL Thomas Moore Lawson, Esq. Thomas Moore Lawson, P.C. P.O. Box 2740 Winchester, VA 22604 Re: Rezoning application— Gentle Harvest LC parcel, Tax Parcel Number 64-A-1C (1.204f acres) (the "Property") — Proffer Statement dated October 4, 2019 Dear Ty: You have submitted to Frederick County for review the proposed proffer statement (the "Proffer Statement") for the above -referenced proposed rezoning of the Property, in the Shawnee Magisterial District, from the B2 (General Business) District to the B3 (Industrial Transition) District. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: • The correct tax parcel number for the Property is 64-A-IC and not 64-A-1. • References in the Proffer Statement to the "Applicant" should properly be to the "Owner"/"Owners", as appropriate, as it is the owner of a property (and the owner's successors and assigns) that is bound by a proffer statement. • As the proposed rezoning proposes to rezone the entire subject parcel, no plat is necessary, and any reference to "portions requested to be rezoned" may be deleted. The plural references may be made singular, as only one parcel is subject to the proposed rezoning. • With regard to timing of proffered improvements, the Proffer Statement should state a specific time/event by which the requirements shall be completed, such as at the issuance of a building permit, or at the issuance of an occupancy permit. 107 North Kent Sircet - 1Vinche;ster, Virginia 22601 Thomas M. Lawson, Esq. October 21, 2019 Page 2 • You state that "[a]ny proffered conditions that would prevent the Applicant from complying with State and/or federal regulations shall be null and void." Could you provide additional information regarding which proffer terms you fear may place the Owner(s) in peril of non-compliance with subject regulations? It appears that the internal access to the Property may be at issue. County tax records show that the parcel, Tax Parcel Number 64-A-1, providing internal access to the Property is owned by a third party, and not by the Owner(s). We understand the same portion of that land may have been previously dedicated to the County at some point in the past, though its present status appears unclear. Any clarification you could provide about the status of access to the Property would be helpful and appreciated. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that review will be done by staff and the Planning Conunission. Sincer y yours, Roderick B. Williams County Attorney cc: Candice E. Perkins, Department of Planning and Development (via e-mail) • • Rezoning Comments City of Winchester mailt Winchester City Public Utilities Attn: Public Services Director 15 North Cameron Street Winchester, Virginia 22601 (540) 667-1815 Hand deliver to: Winchester City Public Utilities Attn: Public Services Director Rouss City Hall 15 North Cameron Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the City of Winchester with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information, Applicant's Name: Halle Properues rt.c Telephone: (540) 665 o050 Mailing Address: C/o Thoma, Moore Lawson, Esqure Thomas Moore Lawson. P C P O Box 2740. Winchester VA 22604 Location of property: 120 Front Royal Pike Winchester, VA 22602 Current zoning: B2 Zoning requested: B3 Acreage: 1204 City of Winchester's Comments: Luse- See THE ATTACfICD POF City of Winchester's ,vY Signature & Date: � �t Notice to City of Winchester - Please Return This Form to the Applicant 30 Winclhp.ste r al)lic s� 777 Rouss City Hall 15 North Cameron Street Winchester, VA 22601 10/31/2019 Kimley-Horn and Associate, Inc. 1700 Willow Lane Dr, Suite 200 Richmond, VA 23230 Subject: Discount Tire Site Plan- Utility Letter 1 To Whom It May Concern, The City of Winchester has reviewed the following: 1. Discount Tire Site Plan at 120 Front Royal Pike Winchester, VA 22602 Telephone: (540) 667-1815 FAX: (540) 662-3351 TDD: (540) 722-0782 Website: www.winchesterva.gov Based on our review, we have the following comments: Water 1. The existing water main and water meter may need to be relocated. If it is the case, vacation of existing easement and dedication of new easements may be required. 2. Please show location of all existing utility including water main, sewer main, lateral, water services, clean out and water meter Sincerely, Nghi Dam Utility Engineer I — Public Services cc: file "To provide a safe, vibrant, sustainable community while striving to constantly improve the quality of life for our citizens and economic partners. "' 0 • October 9, 2019 Mr. Thomas Moore Lawson P.O. Box 2740 Winchester, Virginia 22604 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 RE: Proposed Rezoning for Discount Tire Property Identification Number (PIN): 64-A-IC Dear Mr. Lawson: I have had the opportunity to review the draft rezoning application for Discount Tire. This application seeks to rezone 1.204 acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The review is generally based upon the application received October 4, 2019. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. Senseny/Eastern Urban Area Plan. The 2035 Comprehensive Plan and the Senseny/Eastern Urban Area Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies this property with commercial land use designation. In general, the existing B2 zoning and the proposed B3 zoning are consistent with the current land use supported by the Comprehensive Plan, however; the Comprehensive Plan states that this area should be designed specifically to accommodate and promote highway commercial land uses 2. Corridor Enhancements. The Senseny/Eastern Urban Area Plan states that enhanced area of buffer and landscaping shall be provided adjacent to the Interstate 81 right-of-way and its ramps. This has not been addressed with this application. 3. Land Use Restriction. As the rezoning application is specifically for Discount Tire — restricting the site to this use should be considered. 4. Architectural Standards. This parcel is highly visible from Route 50 and Route 522. Its is recommended that the Applicant consider including architectural and Page 2 Mr. Lawson RE: Discount Tire Rezoning October 9, 2019 site standards for the proposed building. These standards could include building placement, building materials and bay door locations. 5. Transportation Comments. Please note that the transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 6. Apcney Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick Water, Virginia Department of Health, the County Attorney, the Airport Authority and the Frederick -Winchester Service Authority. 7. Verification of Taxes Paid. Submit tax payment verification. 8. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $5,120 based upon acreage of 1.204 acres. All of the above comments and reviewing agency comments should be appropriately addressed before Staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd From: John Bishop <jbishop@fcva.us> Sent: Friday, November 1, 2019 8:59 AM To: Thomas Moore Lawson, Esq. Cc: Candice Perkins Subject: Rezoning - Discount Tire Mr. Lawson; I am in receipt of you rezoning application for the development and construction of a discount tire retail store on the property located at 120 Front Royal Pike. I have reviewed the application package that was submitted to me and do not have any comments at that time. I reserve the right to comment in the future as the rezoning progresses should conditions change or issues arise of which I am not currently aware. Thank you for the opportunity to review this application, Thank You John John A. Bishop AICP Assistant Director —Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 11/20/2019 � Untitled Pago Oi,llN I111`}/(1WW Inquiry of Real Estate Map Number: 64 A 1 C View Mali Name: GENTLE HARVEST LC t%Pl.zill'(! IIiIU4't 1121I11Jll .� lilfllni 1� i`i>ttrtt: 4 t itt:! I wlo,C ',c : 1,11c ?7;1k, (i jIl',i�('i111i) 1)U4' ViewBill Vic\v Back 8027920 IRE2017 I 13642 2 12/5/201712017 REAL FSTATF $0.00 of [fill VicwBill View Back 18027920 IRE2018 13658 1 16/5/2018 I2018 REAL, LSTf\"1'E $0.00 ol'Bill jViewl3ill View Back 16027920 RE2018 13658 2112/6/2018 2018 REAL ESTATE $0.00 of Bill ViewBill View Back 8027920 RE2019 13708 1 6/5/2019 12019 REAL ESTATE $0.00 of Bill ViewBill View Back 8027920 RE2019 13708 2 12/5/2019 2019 REAL ESTATE �$4,474.04 I of Bill I Total Due: $4,474.04 Return to Search https://fctaxes.co.frederick.va.us/Applications/TR_PayTaxes/TicketsByMap.aspx /� 0 "PHIS INSTRUMENTT PREPARED BY CONS IDERA I ION: ASSESSED VALUE: TAX MAP IDENTIFICATION, NO PROPERTY ADDRESS: dr RETURN TO: ��_ r- TITLE INSURANCE UNDERWRITER: GRANTEE'S ADDRESS: 2 DAVID C. CULBERT, ESQ. (VSB4 19777) $ 850,000.00 $ 1,5 12,000.00 64-A-IC 120 FRONT ROYAL PIKE W INCI TESTER, V FRGINIA CULBERT & SCHMITT, PLLC 30-C CATOCTIN CIRCLE, S.E. LEESBURG, VIRGINIA 20175 COMMON WEALTH LAND TITLE INSURANCE COMPANY (UT1053-15) 8458 WEST MAIN STREET MARSHALL, VIRGINIA 20115 GEIN-ERAL WARRANTY DEED J_ THIS DEED, dated as of the 18"' day of December, 2015, by and between WACO GROUT', L.L.C., a Virginia limited liability company (hereinafter referred to as "Grantor"), to be indexed as a grantor, and GENTLE HARVEST, LC, a Virginia limited liability company (hereinafter referred to as "Grantee"), to be indexed as a grantee. THIS DEED WIT\TESSETH that for and inconsideration of the sum of Ten Dollars (S10.00) in hand paid, and other good and valuable consideration, receipt whereof is hereby acknowledged, Grantor does hereby grant, bargain, sell and convey unto Grantee, with GENERA WARRANTY AND FULL ENGLISH COVENANTS OF TITLE, all that certain land situate and being in the County of Frederick, Virginia, and being more particularly described as follows: 1 o' N Gn CD ry --I All that certain lot or parcel of land, together with all rights, privileges, appurtenances and improvements thereurito belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, containing 1.204 acres, being designated as Lot 2-A on the Plat of Douglas C. Legge, L.S., dated August 1, 1995, attached to Deed recorded in Deed Book 843 at Page 518 among the land records of Frederick County, Virginia. (the "Property"). The Property is the same property acquired by the Grantor by the deed referenced aforesaid, recorded in Deed Book 843 at Page 518 (with the referenced plat at page 521). This conveyance is made subject to the restrictions and conditions contained in the deeds forming the chain of title to the above described property. WITNESS the following signature and seal. WACO GROUP, L.L.C., a Virginia limited liability company By: (SEAL) Nam John E. Winston Title: Manager COMMONWEALTH OF VIRGINIA, CITY/COS OF Z %M to wit: I, the undersigned Notary Public, in and- for the jurisdiction aforesaid, do hereby certify that John E. Winston, as Manager of Waco Group, L.L.C., whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN.under my hand and seal this IV" day of December, 2015. TAMMY S. BACON NOTARY PUBLIC Commonwealth of Virginia Reg. #225672 �� lt3 my Commission Expires Notary Public My Commission expires: 4.30-18 My notary registration number is 2 %R] 2= [THIS IS THE SIGNATURE PAGE TO THAT CERTAIN GENERAL WARRANTY DEED BY AND BETWEEN WACO GROUP, L.L.C., GRANTOR, AND GENTLE HARVEST, LC, GRANTEE] 2 VIRGINIA FREDIrR1CK COUNTY, SCr.' This/insttrumentt of // R writing was produced �tomeon. A& and with certificate of acknowledgement thereta.annexed was admitted to record. To imposed by Sea 58.1-802 of $ a'Q� and 58.1-801 have been paid, if assessable Clerk • • THOMAS MOORE LAWSON, P.C. *OF COUNSEL - WILLIAMS MULLEN 120 EXETER DRIVE, SMITE 200 POST OFFICE BOX 2740 WINCHESTER. VA 22604 TELEPHONE:: (540) 665-00M FACSIMILE: (540) 722-4051 November 21, 2019 Candice Perkins, AICP, CZA Assistant Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 VIA HAND -DELIVERY Dear Candice: 'THo.%IAS MOORE LAWSON • TI.AW%ON,a 1.SPI.C.CO%I Re: Discount Tire Rezoning Application Our File No. 1409.001 Enclosed please find a Rezoning Application for the development of a Discount Tire Retail Store on the property known as Frederick County 'Tax Map No. 64-A- I C (the "Property"). In addition to the Rezoning Application, enclosed please find the following documents: • Proffer Statement with Preliminary Landscaping Plan and Conceptual Elevations; • Impact Analysis Statement; • A copy of the Deed to the Property; • Verification that the real property taxes have been paid; • Agency Review Comments; and • Fee in the amount of $5,120.00. A digital copy of the above -referenced documents are included on the enclosed flash drive. With regard to the agency review comments, the Rezoning Application was submitted to the following agencies which made the following comments: Winchester Regional Airport Authority: No comments. County Attorney: See letter dated October 21, 2019. The Proffer Statement has been revised to reflect the County Attorney's requested revisions. Further, counsel for the applicant met with the County Attorney to discuss his remaining comments. Candice Perkins, AICP, CZ.A November 21, 2019 Page 2 Fire Marshal: Approved. Frederick County Transportation: NO comment at this time. Frederick Water: No objection as water and sewer service to this Property are provided by the City of Winchester. Fi-eder•ick-Winchester Scrvice Authority: FWSA deferred to Frederick Water. Frederick County Planning Department: See the enclosed letter dated October 9, 2019. Counsel for the applicant met With a representative oI the Planning Department to discuss these Comments. Frederick County Public Works: No comments at this time. VDOT: No objection to the rezoning. Winchester City Public Utilities: See the enclosed letter dated October 31, 2019. In response to the City's comments, as tlhe project moves forward, the Property owner and applicant Will work with the City regarding the provision Of utilities to tlhe Property. Thank you for your assistance and cooperation. Should you have any questions, please do not hesitate to contact ine. Very t ours, Thorn hs oo e L ws TML:jk Enclosures cc: Halle Properties LLC i • October 9, 2019 Mr. Thomas Moore Lawson 11.0. Box 2740 Winchester, Virginia 22604 COUNTY of RCDIJRICK Department ol' Planning and Development 540/ 665-5651 Pax: 540/ 665-6395 RE: Proposed Rezoning for Discount Tire Property Identification Number (PIN): 64-A-IC Dear Mr. Lawson: I have had the opportunity to review the draft rezoning application for Discount Tire. This application seeks to rezone 1.204 acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The review is generally based upon the application received October 4, 2019. Prior to formal Submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. Senseny/Eastern Urban Area Plan. The 2035 Comprehensive Plan and the Senscny/Eastern Urban Area Plan provide guidance on the future development of' the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies this property with commercial land use designation. In general, the existing B2 zoning and the proposed B3 zoning are consistent with the current land use supported by the Comprehensive Plan, however; the Comprehensive Plan states that this area should be designed specifically to accommodate and promote highway commercial land uses 2. Corridor Enhancements. The Senseny/Eastern Urban Area Plan states that enhanced area of buffer and landscaping shall be provided adjacent to the Interstate 81 right-of-way and its ramps. This has not been addressed with this application. 3. Land Use Restriction. As the rezoning application is specifically for Discount Tire — restricting the site to this use should be considered. 4. Architectural Standards. This parcel is highly visible from Route 50 and Route 522. Its is recommended that the Applicant consider including architectural and Page 2 Mr. Lawson RE: Discount Tire Rezoning October 9, 2019 site standards for the proposed building. These standards could include building placement, bUlldlllg IIIatCl'lalS and bay door locations. 5. Transportation Comments. Please note that the transportation comments On the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 6. A(,),enc), Collllllellts. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick COLlllty Department of Public Works, Frederick County Fire Marshal, Frederick Water, Virginia Department of Health, the County Attorney, the Airport Authority and the Frederick -Winchester Service Authority. 7. Verification of Taxes Paid. Submit tax payment Verification. 8. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fce for this application would be $5,120 based upon acreage Of 1.204 acres. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd E THOMAS MOORL LAWSON, P.C. *0F COUNSF,L-WILLIAMS MULLEN 120 ETER DRIVE, Surr11200 I'ossr Orr•Icic [lox 2740 \1'mcnrs'rral, VA 22604 '11{LEPIMNE: (540) GG-5-0050 Fm'SINI11.1': (540) 722-4051 October 4, 2019 I OCT - 4 2019 {% I Fit *T110MAS MOORS LAWSON •'1'I.,\\\'SO;�(6)I.S1'Lc.cONI Frederick County Department of'Planning and Development 107 North Kent Street Winchester, VA 22601 Re VIA HAND -DELIVERY To Whom It May Concern: Discount Tire Rezoning Application Our Pile No. 1409.001 Enclosed please find a Rezoning Application for the development and construction of a Discount Tire retail store on the property located at 120 Front Royal Pike, Winchester, VA 22602. After you have reviewed the application, please direct your comments to the application to my office at P.O. Box 2740, Winchester, VA 22604. Thank you for your assistance and cooperation. I look forward to hearing from you. Very trulk- ours, Thon as Moore Lawson TML:jk Enclosures cc: Halle Properties L,LC 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 HFEET )'OUR APPROVAL, PLEASE PROVIDE C0A11,IlEN7'S AS TO WHAT )'OU WOULD LIKE TO HAVE CWIPLETED. Initials Date & Timc r(C:,,ndic Mark Dave Tyler Mike John COMMENTS: Received by Clerical Staff (Date & Tiro COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 8, 2020 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #07-19 FOR GENTLE HARVEST, LC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 22, 2020, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the follo,,ving application: Rezoning #07-19 for Gentle Harvest LC., submitted by Thomas Lawson, P.C. to rezone 1.204 acres from the 132 (General Business) District to the 133 (Industrial Transition) District with proffers. The property is located at 120 Front Royal Pike in the Shawnee Magisterial District and is identified by Property Identification Number 64-A-1 C. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.feva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Th's is to certify that the attached correspondence was mailed to the following on 1 81 a0 from the Department of Planning and Development, Frederick Colurity, Virginia: 64-A-1C Gentle Harvest LC 8458 W. Main St. Marshall, VA 20115 64-A-1B H W Enterprises LP LLP P.O. Box 2468 Winchester, VA 22604 64-A-1 SHRI Padmavati LLC 60 Front Royal Pike Winchester, VA 22602 64-A-1D SHRI Padmavati LLC 160 Front Royal Pike Winchester, VA 22602 64-A-106 Deic:o Development Co of Winchester c/o BB400-CountyVA-Winchester P.O. Box 1059 Hicksville, NY 11802 STATE OF VIRGINIA COUNTY OF FREDERICK 64-A-4A Delco Development Co of Winchester C/o BB#00-CountyVA-Winchester P.O. Box 1059 Hicksville, NY 11802 Candice E. Perkins, XWP, CZA Assistant Director Frederick County Planning Dept. a Notary Public in and for the State and County afoIesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of' Planning and Development, whose name is signed to the foregoing, dated 1i � I .Z(, , has personally appeared before me and acknowledged the same in my S ate and County aforesaid. tom_. Given under my hand this �� % day of (.�')i«c)�� a 0D U My commission expires on (_J�.L�-�Y��,_�� j �? U Z 1Ji3TJT -uL NOIARY r (Jsuc GISTRATION 0 35.1n7,; :�NA6aONWEALJT i Or VIRG11%," n,) COMMISSION EXPIRES DECEMBER•31, 2021 COUNTY of FREDERICK Department of'Planning and Dcvclopmcnt 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 4, 2019 TO: TI-IE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 907-19 FOR GENTLE HARVEST, LC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 18, 2019, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #07-19 for Gentle Harvest LC., submitted by Thomas Lawson, P.C. to rezone 1.204 acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The property is located at 120 Front Royal Pike in the Shawnee Magisterial District and is identified by Property Identification Number 64-A-1C. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.feva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 Th's is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick Counly, Virginia: 64 - A- - 1-C GENTLE HARVEST LC 8458 W MAIN ST MARSHALL VA 20115.3231 64 - A- - 1-B H W ENTERPRISES LP LLP PO BOX 2468 WINCHESTER VA 22604.1668 64 -A- - 1- SHRI PADMAVATI LLC 160 FRONT ROYAL PIKE WINCHESTER VA 22602.7312 64 . A- - 1.0 SHRI PADMAVATI LLC 160 FRONT ROYAL PIKE WINCHESTER VA 22602.7312 64 - A- - 106- DELCO DEVELOPMENT CO OF WINCHESTER CIO BB#00-COUNTYVA-WINCHEST PO BOX 1059 HICKSVILLE NY 11802.1059 64 - A- - 4-A DELCO DEVELOPMENT COMPANY OF CIO BB#00-COUNTYVA-WINCHEST PO BOX 1059 HICKSVILLE NY 11802.1059 "}y A i W' A( V-U-544-V rz--�-(- y�r ; c1,� S► e ✓ A a aCoO STATE OF VIRGINIA COUNTY OF FREDERICK Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. I, , cl , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Pla in and Development, whose name is signed to the foregoing, dated 11 �-17' 2- 1� , has personally appeared before me and acknowledged the same in my Stat6 aiid County aforesaid. Given under my hand this day of _�. My commission expires on d-'c-C--Q�-e� NOTARY P ` PAAMALA UE . E NOTARY PUc .. l REGISTRATION # 354, COMMONWEALTH C' MY COMMISSION Li' DECEMBER•31, 2:: 7tZ�(- -i /1� ro: LANCE-'DArA PROCl:SSINC, PROM: PAM-PLANINta VEPr. d pleaPri nt-------------sett of la.ba* by .rh ------------ a.vt,kl You.+ ADJOINING PROPEtt i i v vv v%r.1 1 Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and PropertN Identification lumber NameH W Enterprises I P LLP Property s: 64-A-1 B NameShri Padmavati LLC Property #64-A-1; 64-A-1 D Name Propern, » — A — 1 a(.0 Name Property Name Property # Name Property # Name Property # Name Property # Name Property # COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 4, 2019 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #07-19 FOR HALLE PROPERTIES, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 18, 2019, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Ger*lt Hat- es -- Rezoning #07-19 for u'no Piape -ties, LLC., submitted by Thomas Lawson, P.C. to rezone 1.204 acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The property is located at 120 Front Royal Pike in the Shawnee Magisterial District and is identified by Property Identification Number 64-A-1C. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 7'0: LANCE -DATA PROCESSING FROM: PAM -PLANNING DEPT . Q-------- se of label' by ADJOINING Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested .,,.,,.., -*- Tllo .,,,,,];—nt ;c rami;rPtl to nhto;n the fnllnvtina ;nfnrmnt;nn nn Pach adjoining office of the i floor of the FREDERICK COUNTY DEI'AIZTMENT Or PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 11/22/19 REQUESTED COMPLETION DATE: 12/06/19 REQUESTING AGENT: Pam STAFF MEMBER: Candice TYPE OF MAP: Comp Plan Transportation Locator TDR Ag & Forest District CIP Other PIN: 64-A-1C DESCRIPTION OF REQUEST: Rezoning #07-19 Halle Properties LLC B2 to B3 PIN 64-A-IC Thank You! Submit ADJOINING PROPERTY OWNERS' Owners of property adjoining the land will be notified or the Planning Commission and the Board of Supervisors meetings. For the purpose or this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across .i public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property Including the parcel Identification number which may be obtained from the office of the Commissioner or Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name H W Enterprises LP LLP P.O. Box 2468 Winchester, VA 22604 Property # 64-A-1 B Name Shri Padmavati LLC 160 Front Royal Pike Winchester, VA 22602 Property # 64-A-1; 64-A-1 D Name Property 11 Name Property 11 Name Property 11 Name Property # Name Property 11 Name Property # Name Property 11