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05-14 CB Ventures, LLC Opequon B1 to B2 PIN 74-( (A) )-104 74-( (A) )-105 - Backfile (2)
REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List Sys 11) # File opened Fee & Sign Deposit _ Deed Plat/Survey _ Taxes Paid Statement Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Action Summary u dated I tpr,lication � 5 PC tr, I .,U d Li 9 s Planning Commission Meeting ACTION: pu;tPnQd CDOdays Board of Supervisors Meeting ACTION: Signed cope of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/cop% to file and cc's Reference manual updated D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Proffers recorded NOTES . E E P `I DATE No. _ 577505 RECEIVED FROM cCz ` tnAfu-nt L1'� ADDRESS-LZ;2> c� t 12°S _ '-Qv� 1001 FOR ACCOUNT HOW PAID AMT. OF CASH 1 A\T. P.\I, I � �(� CHECK I��V BALANCE MONEY DUE __. ORDEr --1 LA - A - IoL4 -,� DS BY K)2001 rzMrfi�.(, BL818 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 June 11, 2015 Mr. Ben Montgomery Montgomery Engineering Group Inc. 132 Saddleback Lane Winchester, VA 22602 RE: REZONING #05-14 OF CB Ventures, LLC Dear Ben: This letter is to confirm that you have, on behalf of your clients, withdrawn the above referenced Rezoning application. This application was intended to rezone 2.42 acres fi-om the B 1 (Neighborhood Business) District to B2 (General Business) District with proffers. The property is located at 1033 Aylor Road in Stephens City in the Opcquon Magisterial District. The above referenced file has been closed by our Department. If you have any questions regarding this action, please fee] fi-ee to call this office. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director cc: CB Ventures, LLC., 130 Hawthorne Dr., Winchester, VA 22601 Robert W. Wells, Opequon District Supervisor Robert Molden and Roger Thomas, Opequon Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mike Ruddy From: Ben C. Montgomery <ben@meginc.biz> Sent: Wednesday, June 10, 2015 5:18 PM To: Mike Ruddy Cc: Randy Craun; Ned Browning Subject: CB Ventures Aylor Rd Rezoning Mr. Ruddy, In light of the neighboring residents' negative comments to the Aylor Road Rezoning, we have chosen to withdraw our application to rezone this property. We understand should we decide to rezone this property we will be starting a new application. Thank you for your help. I am available should you have any questions. Ben Montgomery Montgomery Engineering Group, Inc. (540) 974-7382 0 0 Mike Ruddy From: Ben C. Montgomery <ben@meginc.biz> Sent: Wednesday, June 10, 2015 5:18 PM To: Mike Ruddy Cc: Randy Craun; Ned Browning Subject: CB Ventures Aylor Rd Rezoning Mr. Ruddy, In light of the neighboring residents' negative comments to the Aylor Road Rezoning, we have chosen to withdraw our application to rezone this property. We understand should we decide to rezone this property we will be starting a new application. Thank you for your help. I am available should you have any questions. Ben Montgomery Montgomery Engineering Group, Inc. (540) 974-7382 0 • Mike Ruddy From: Ben C. Montgomery <ben@meginc.biz> Sent: Wednesday, June 10, 201S S:18 PM To: Mike Ruddy Cc: Randy Craun; Ned Browning Subject: CB Ventures Aylor Rd Rezoning Mr. Ruddy, In light of the neighboring residents' negative comments to the Aylor Road Rezoning, we have chosen to withdraw our application to rezone this property. We understand should we decide to rezone this property we will be starting a new application. Thank you for your help. I am available should you have any questions. Ben Montgomery Montgomery Engineering Group, Inc. (540) 974-7382 • 9 Mike Ruddy From: Ben C. Montgomery <ben@meginc.biz> Sent: Wednesday, June 10, 2015 5:18 PM To: Mike Ruddy Cc: Randy Craun; Ned Browning Subject: CB Ventures Aylor Rd Rezoning Mr. Ruddy, In light of the neighboring residents' negative comments to the Aylor Road Rezoning, we have chosen to withdraw our application to rezone this property. We understand should we decide to rezone this property we will be starting a new application. Thank you for your help. I am available should you have any questions. Ben Montgomery Montgomery Engineering Group, Inc. (540) 974-7382 Mike Ruddy From: Ben C. Montgomery <ben@meginc.biz> Sent: Wednesday, June 10, 2015 5:18 PM To: Mike Ruddy Cc: Randy Craun; Ned Browning Subject: CB Ventures Aylor Rd Rezoning Mr. Ruddy, In light of the neighboring residents' negative comments to the Aylor Road Rezoning, we have chosen to withdraw our application to rezone this property. We understand should we decide to rezone this property we will be starting a new application. Thank you for your help. I am available should you have any questions. Ben Montgomery Montgomery Engineering Group, Inc. (540) 974-7382 0 • Mike Ruddy From: Ben C. Montgomery <ben@meginc.biz> Sent: Wednesday, June 10, 2015 5:18 PM To: Mike Ruddy Cc: Randy Craun; Ned Browning Subject: CB Ventures Aylor Rd Rezoning Mr. Ruddy, In light of the neighboring residents' negative comments to the Aylor Road Rezoning, we have chosen to withdraw our application to rezone this property. We understand should we decide to rezone this property we will be starting a new application. Thank you for your help. I am available should you have any questions. Ben Montgomery Montgomery Engineering Group, Inc. (540) 974-7382 0 0 Mike Ruddy From: Ben C. Montgorery <ben@meginc.biz> Sent: Wednesday, June 10, 2015 5:18 PM To: Mike Ruddy Cc: Randy Craun; Ned Browning Subject: CB Ventures Aylor Rd Rezoning Mr. Ruddy, In light of the neighboring residents' negative comments to the Aylor Road Rezoning, we have chosen to withdraw our application to rezone this property. We understand should we decide to rezone this property we will be starting a new application. Thank you for your help. I am available should you have any questions. Ben Montgomery Montgomery Engineering Group, Inc. (540) 974-7382 0 0 PROPOSED PROFFER STATEMENT REZONING: PROPERTY RECORD OWNER: APPLICANT. - PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S) RZ# B1 to B2 2.42 acres Tax Map Parcel 74-((A))-104 & 105 CB Ventures, LLC. Montgomery Engineering Group, Inc. CB Ventures, LLC — Aylor Road May 13, 2014 May 1, 2015 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, 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 B2 rezoning is not granted as applied for by the applicant ("Applicant"), 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 Applicant elects not to submit development plans until such contest is resolved, the term final 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. 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. Any proffered conditions that would prevent the Applicant CB Ventures, LLC. from conforming to State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 0 0 When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "CB Ventures, LLC — Aylor Road" dated February 23, 2014 revised November 1, 2014 (the "GDP") and is included in this proffer. Site Development. 1. Property Access. Property access shall be via the two new entrances shown on GDP from Relocated Aylor Road, as approved by VDOT. Temporary access to the property may, in the interim, be via entrances on the existing portion of Aylor Road, as approved by VDOT, until such time the right of way for the future Aylor Road realignment improvement project is conveyed to the Commonwealth of Virginia. This temporary access may cross the area identified for right of way dedication. Improvements necessary to utilize the two new entrances shown on the GDP after the conveyance shall be the responsibility of the Applicant. 2. Right of way dedication. The Right of Way shown on the GDP for the future Aylor Road Realignment improvement project shall be conveyed to the Commonwealth of Virginia or Frederick County within 90 days of a written request from either VDOT or Frederick County. All site development shall occur on the area outside of the area identified for future right of way dedication. The only exception to this requirement being the temporary access identified in Proffer 1. The provision for conveyance of the Right of Way shall have no further force or effect, however, should neither the VDOT 6 Year Plan nor the Frederick County Road Plan continue to show the realignment or improvement of Aylor Road. 3. Lighting. All lighting shall be building mounted wall packs or on poles and shall be no higher than 20'. Lighting shall be downcast and shielded to prevent glare and intrusion of light onto adjoining properties. 4. Land Use The Property shall be allowed to develop with B2 land uses with exception of: SIC Code Use 074 Veterinary Offices 554 Gasoline Service Stations 2 5. Allowed Building Height The maximum building height allowed for all B2 uses shall be 35 feet or as may be otherwise provided in the County Code for the B2 Zoning District. Respectfully CB Ventures, Randy Craun bmitted, COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: (Title) The foregoing instrument was a knowledged before me this day of 201-4�by v� plc l� NOTARY PU LIC My commission expires: / �/ / Commission number: / 2-16 ' A JAR NOTARY •. PUBLIC REG. #184098 k I# GoWiISSION '• Q ` U61 UAA,d 9 • REZONING APPLICATION #05-14 CB VENTURES, LLC Staff Report for the Board of Supervisors Prepared: June 4, 2015. Staff Contact: Michael T. Ruddy, AICP, Deputy Director Reviewed Planning Commission: 01/07/15 PlaIlning Commission: 02/18/15 Board of Supervisors: 03/1 1/15 05/13/15 06/10/15 Action Public Hearing Held; Action Tabled for 45 days Denied Public Hearing Held; Action Tabled for 60 days Public Meeting; Action Postponed to June 10, 2015. Pending PROPOSAL: To rezone 2.42 acres from the B 1 (Neighborhood Business) District to B2 (General Business) District with proffers. LOCATION: The property is located at 1033 Aylor Road in Stephens City. BOARD OF SUPERVISORS UPDATE FOR THE 06/10/15 MEETING: The Board of Supervisors at their 05/13/15 meeting postponed voting on this request to the June 10, 2015 meeting. The Applicant had presented exhibits ClUrlllg this Board meeting depicting the potential buildings that would be permitted to be constructed on the property. The Board wanted the opportunity to review this additional information before making a decision on this rezoning request. This also gave the Applicant an additional opportunity to meet with the neighboring property owners, should they choose to do so. The May 1, 2015 revision to the Proffer Statement was the version of the Proffer Statement considered by the Board at that meeting. This is the version noted below that contains the commitment that the maximum building height allowed for all B2 uses shall be 35 feet. OIl Wednesday June 3, 2015, the Applicant, their representatives, Ileighbol'illg property owners, aIld Supe1'visol' Wells attended a meeting I•egarding this application to discuss the proposal further. The meeting was coordinated by Supervisor Wells. As a result of this meeting, the Applicant provided a proffer statement that was further revised to reflect several additional changes. The revised date for the proffer statement is June 4, 2015. The changes made are to Section 4. Land Use. The Applicant has increased the number of specific B2 uses that may not be developed on the property, thereby, limiting the B2 uses that may be developed on the property further. It is important to recognize that the hotel/motel use (SIC 701) is listed as a prohibited use and therefore may not be developed oil the property. BOARD OF SUPERVISORS UPDATE FOR THE 05/13/15 MEETING: The Board of Supervisors at their 03/11/15 meeting tabled this request for 60 days to allow the Applicant the opportunity to meet with the neighboring property owners and the opportunity to adjust their rezoning request further. A copy of the Board's IllillUles has been attached for your information. Rezoning #05-14 CB Venthu•es, LLC June 4, 2015 Page 2 On May 6, 2015 the Applicant provided Staff with an updated Proffer Statement (revision date May 1, 2015). This Proffer Statement had one modification; Proffer 5. Allowed Building Height. The Applicant has eliminated the maximum building height allowance for office buildings and hotels/motels of 50 feet. The proffer now states that the maximum building height allowed for all B2 uses sliall be 35 feet. PLANNING COMMISSION RECOMMENDATION AND EXECUTIVE SUMMARY FOR THE 03/11/15 BOARD OF SUPERVISORS MEETING: The PlanIing Commission recommended denial of this rezoning request, all application to rezone a total of 2.42 acres of land from the BI (Neighborhood Business) District to the B2 (General Business) District with proffers, to accommodate commercial uses. Planning Commission members stated their belief that the B2 (General Business) District uses were too intensive for this location and would have a detrimental impact to the adjacent residential neighborhood, in particular the existing residences immediately adjacent to the property. The Planning Commission expressed that the B2 District designation is more appropriate for larger commercial parcels such as in those areas planned for larger scale commercial development adjacent to Route 277, Fairfax Pike. Previously, the Planning Commission had tabled this request to give the Applicant the ability to address the concerns that were expressed by the Planning Commission and members of the public during the public hearing. In response to the Planning Commission's initial discussion of this rezoning request, the Applicant modified their proffer statement (Revision Date; February 5, 2015) to prohibit two uses; Veterinary Offices and Gasoline Service Stations. In addition, a proffer addressing the allowed building height has been added. The maximum building height for office buildings and hotels/inotels shall be fifty (50) feet. This is a reduction of ten (10) feet from that which is currently permitted by the Frederick County Zoning Ordinance. The Applicant also provided an exhibit depicting the potential cross section and scale of the adjacent commercial and residential land uses. The B2 (General Business) District land use proposed in this rezoning is generally consistent with the commercial designation of the Southern Frederick Area Plan and the 2030 Comprehensive Plan. However, the existing neighborhood character of the adjacent land uses should be a consideration when evaluating this proposed rezoning. B I (Neighborhood Business) District scale commercial uses exist in this general location. The transportation impacts associated with this request appear to have generally been addressed by the Applicant, subject to the approval of the County Attorney regarding right-of-way dedication proffer, Proffer 2 (provided). The community facility impacts associated with this request should be addressed to a greater extent. The adjacent properties are a consideration with this rezoning application. With this rezoning, the applicant has proffered height restrictions on site lighting to mitigate potential impacts to the adjacent residential properties. Initially, no additional site development standards were proffered. The Applicant subsequently proffered a height limitation of fifty (50) feet for hotels, motels, and office buildings. The • • Rezoning 1/05-14 CB Ventures, LLC June 4, 2015 Page 3 Planning Commission ultimately determined that the neighborhood character of the area will be adversely impacted by this rezoning request. The public hearing has been held for this request, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adeguatelh address all concerns raised bj� the Board of Supervisors. • 0 Rezoning it05-14 CB Ventures, LLC .tune 4, 2015 Page 4 This report is prepared by the Frederick County Planning Staf f to provide ill f grination to the Planning Commission and the Board of'Supervisors to assist them in making a decision oil this application. It Wray also he !useful to other's interested in tills zolling matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff'report. report. Reviewed Planning Commission: 01/07/15 Planning CommissioIl: 02/18/15 Board of Supervisors: 03/1 1/15 05/13/15 06/10/15 Action Public Hearing Held; Action Tabled for 45 days Denied Public Hearing Held; Action Tabled for 60 clays Public Meeting; Action Postponed to June 10, 2015. Pending PROPOSAL: To rezone 2.42 acres from the 131 (Neighborhood Business) District to 132 (General Business) District with proffers. LOCATION: The property is located at 1033 Aylor Road in Stephens City. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 74-((A))-104 and 74-((A))-105 PROPERTY ZONING: B 1 (Neighborhood Business) District PRESENT USE: Car wash / vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: 131 (Neighborhood Business) Use: Commercial South: B I (Neighborhood Business) Use: Commercial East: RP (Residential Performance) Use: Residential West: Aylor Road/Interstate 81 Use: State Highway Town of Stephens City REVIEW EVALUATIONS: VirlZinia Dept. of Transportation: Please see attached email dated August 8, 2014, fi-om Lloyd Ingram, FDOT. Fire Marshall: Plan approved Fire and Rescue: Plan approved Public Works Department: Recommend approval Re-r_oning 1105-14 CB Ventures, LLC June 4, 2015 Page 5 Frederick County Sanitation Authority: Please see attached letter dated June 6, 2014, ftom Urne I,Veindel, Em ineer-Director FCSA. Service Authority: No comments Frederick County Attorney: Proffer is in correct legal form (Please see allached letter dated December 4, 2014, from Rod ffl'illiams, Cotmly Attorney, for initial comments). Town of Stephens City: No issues PlanI ino., & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Stephens City Quadrangle) identifies the subject parcels as being zoned 13-1 (Neighborhood Business) District. The intent of this district is to provide small business areas to serve the daily household needs of surrounding residential neighborhoods. Uses allowed prinnar-ily consist orlinnited retailing and personal service uses. Business uses in this district should be small in size and should not produce substantial vehicle traffic in excess of what is usual in the residential neighborhoods. 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan is an official public docunnent 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. Land Use. The 2030 Comprehensive Plan and the Southern Frederick Area Plan provide guidance on the future development of the property. The property is located within the UDA and SWSA. The 2030 Comprehensive Plan identifies the general area surrounding this property with a Business land use designation. In general, the proposed commercial land use designation for this property is consistent with this land use designation of the Comprehensive Plan. Commercial land uses would include both B 1 Neighborhood Business and B2 General Business zoning designations. The existing land use in this area is neighborhood business in character. The existing character of the land use is a consideration when evaluating this proposed rezoning. Immediately to the east of this property is an existing residential neighborhood. The Plan recognizes the existing residential land uses. Care should be afforded to the transition between the business and residential land uses, both of which are located in this general area. Rezoning #05-14 CB Ventures, LLC June 4. 2015 Page 6 Site flecess and D-cinsportat1on. The subject properties have frontage on and access to Route 647, Aylor Road. Aylor Road is identified as a major collector road in the County's Eastern Road Plan. Transportation improveilleilts to Route 277, Fairfax Pike, are planned on the VDOT Six -Year Improvement Plan. This project includes improvements to Aylor Road. A copy gf1his section of the VDOT plans has been attached to the package fhr our inf n-mntion. Similar to other recent projects in the vicinity, it is not anticipated that this project constructs improvements to Route 277 or Aylor Road at this time, rather, dedicates appropriate right-of-way, designs access to this site that is consistent with those improvements anticipated with the VDOT Six -Year Plan Project, and provides some contribution to transportation improvements resulting fi-oill the impacts of this new development; further, that the value of any contribution has a nexus to the project and its impacts. The rezoning application should fully address this road project as designed by VDOT in the most recent improvement plans for this project. In particular, the right-of-way needs of the project. Any improvements associated with the development of the site within the future road right-of-way should be consistent with those identified in the plans and to the satisfaction of VDOT. The provision of two entrances is proposed. Given the anticipated design for Aylor Road, such an approach may work in this location. The southernmost entrance appears to align with the new and existing road configuration. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. 4) Potential Impacts The subject properties are currently zoned B I (Neighborhood Business) District. Therefore, tile rezoning of these properties to the B2 (General Business) District will have the potential to generate additional impacts. However, it is recognized that the impacts associated may not be as significant as if this property was zoned RA (Rural Areas) District. As noted previously, immediately to the east of this property is an existing residential neighborhood. Care should be afforded to the transition between the business and residential land uses that are both located in this general area. With the exception of addressing the potential lighting impacts by limiting the height of any lighting to twenty feet, the Applicant has not provided any additional means to minimize the potential impact associated with the more intensive commercial use of the property beyond the requirements of the Zoning Ordinance. It • 0 Rezoning 1105-14 CB VCnlui"eS, LLC June 4, 2015 Page 7 sliould be noted that the height of certain commercial structures may increase to sixty feet from the currently enabled thirty-five feet. With regards to the potential transportation impacts, at this tulle, the project has the intention of providing the right-of-way for the future improvements to Aylor Road. This should be unconditionally guaranteed. Otherwise, the transportation impacts associated with this request would not be frilly addressed. The additional trips would simply add to the transportation issues in this area. The Applicants Impact Analysis states that this site will negatively impact Police Protection, Fire and Rescue Protection, Water and Sewer Usage, and Solid Waste Disposal. The capital needs associated with these impacts leave not been quantified and leave not been addressed by way of mitigation other than to say that there may be a potential increase in tax revenue and fees from this development. 5) Proffer Statement — Dated May 13, 2014 and revised on November 19, 2014 A) Generalized Development Plan The Applicant has proffered a Generalized Development Plan. The Plan identifies the properties to be developed and recognizes the transportation and access related commitments made with this rezoning application; including the Aylor Road right-of- way dedication area and the two potential entrances to the site. B) Land Use The Applicant's proffer statement does not place any limitation on the amount or type of commercial development that may occur on the property. It is recognized that this is a relath,ely small parcel, however, the potential increase ill intells tj, of the Ilse inchitting the Size of the striiam-e shollld be cons (lere(l. The Applicant has, in Proffer 3, addressed the potential impacts associated with site lighting by proffering that all lighting shall be no higher than 20'. C) Transportation The proffer statement supports the Route 277 Improvement Project as the Applicant has identified the correct area of right -of- way dedication consistent with the VDOT project along Aylor Road and described this in proffer 2, right-of-way dedication. In general, the trigger for conveying said right-of-way is acceptable. The proffer states that the right-of-way shall be conveyed within 90 days of written request from VDOT or the County. The final sentence of proffer 2 should be carefully evaluated as it contains a mechanism that removes the conveyance of the right-of-way. This would be problematic as the language is vague and the right-of-way is necessary. In addition, this would result in a rezoning application that in no way addresses the additional transportation impacts generated from the more intensive commercial use of the 0 Rezoning 1105-14 CB Ventures, LLC June 4, 2015 Page S property. Recent rezoning applications in the vicinity of this project have also proffered a monetary contribution to transportation improvements in the County in an amount they believed was consistent with the transportation impacts of their project. D) Community Facilities This application does not include a proffer aimed at mitigating the community facility impacts of this request. The Applicant has stated that the additional tax revenue generated would address this. Recent rezoning applications in the vicinity of this project have also proffered a monetary contribution to offset the fire and rescue impacts of their project. Remised Proffer Statement (Revision Date; Febr!lar), 5, 2015). The Applicant has modified theirpro fer Statement t01 prohibit two uses I/eter nary OffICBS and Gasoline Service Stations. In addition, a proffer addressing the allowed building height has been added. The inaximuln building height for office buildings and hotels/motels shall be fifty (50) feet. This is a reduction of (10) feet f •om that which is currently permitted by the Zoning Ordinance. The Count), Attorney has reviewed the revised proffer statement and it is in the proper legal .form. STAFF CONCLUSIONS FOR THE 01/07/15 PLANNING COMMISSION MEETING: This is an application to rezone a total of' 2.42 acres of land from the B 1 (Neighborhood Business) District to the B2 (General Business) District witli proffers, to accommodate commercial uses. The B2 (General Business) District land use proposed in this rezoning is generally consistent with the commercial designation of the Southern Frederick Area Plan and the 2030 Comprehensive Plan. However, the existing neighborhood character of the adjacent land uses should be a consideration when evaluating this proposed rezoning. The transportation impacts associated with this request appear to have generally been addressed by the Applicant, subject to the unequivocal approval of the County Attorney regarding right-of-way dedication proffer, Proffer 2. The community facility impacts associated with this request should be addressed to a greater extent. The adjacent properties should be a consideration with this rezoning application. With this rezoning, the applicant has proffered height restrictions on site lighting to mitigate potentials impacts to the adjacent residential properties. No additional site development standards have been proffered. The Planning Commission should determine if the neighborhood character of the area will be adversely impacted. 0 • Rezoning 05-14 CB Ventures, LLC June 4. 2015 Page 9 PLANNING COMMISSION SUMMARY FROM THE 01/07/15 PLANNING COMMISSION MEETING: Two members Of the public spoke dining the public hearing; Mr. Chapman, and Mr. Carriker. Both expressed concerns regarding the application and the impact it would have on their residential properties. Commission members asked several questions regarding the details of this application and expressed concerns about the potential impacts of the application and the appropriateness of the request from a land use perspective. Commissioner Mohn noted the concern is there, in regards to lack of specificity on the intensity that could occur with this rezoning. He would like to see more in the application on building size and development. Mr. Molin stated lie would like to see something that projects a clearer view of what may be developed on this property. Commissioner Thomas made a motion to table this rezoning application for 45 (lays. This motion was seconded by Commission Unger and unanimously passed. (Note: Commissioner Oates abstained from voting; Commissioner Marston was absent from the meeting.) PLANNING COMMISSION SUMMARY FROM THE 02/18/15 PLANNING COMMISSION MEETING: Three members of the public spoke during the public comment portion of the Planning Commission meeting. The Applicant provided two exhibits for the Planning Commission's review. The first is a cross section which shows the proposed buffer location, the existing single and two story residential homes, and a potential hotel/office building. The second exhibit is a photograph that shows the existing property for which the rezoning is being requested and the residential land uses at the rear Of the property. The Planning Commission voiced concerns with the height Of a building On this property due to the current elevation of the land compared to the residential neighborhood located directly behind it. Planning Commission Members also expressed concern with the height of a building on the property and does not feel the exhibits provided adequately address this issue. The Planning Commission unauimously recoil men(le(l denial of this re'zoIling request, all application to rezone a total of 2.42 acres of land from the B 1 (Neighborhood Business) District to the B2 (General Business) District with proffers, to accommodate commercial uses. 0 • Rezoning 1105-14 CB ventures, LLC June 4, 2015 Page 10 Commission members stated their• belief that the B2 (General Business) District uses were too intensive for this location and would have a cictrimcntal impact to the adjacent residential neighborhood, in particular the existing residences immediately adjacent to the property. The Planning Commission expressed that the B2 District designation is more appropriate for larger commercial parcels such as in those areas planned for larger scale commercial development adjacent to Route 277, Fairfax Pike. Following the required public hearul,,T, a deGsron refrarding, this rezoninfl application by the Bom•d of'Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 0 • REZONING 1705-14 CI3 VENTURES, LLC, SUBMITTED BY CB VENTURES, LLC. TO REZONE 2.42 ACRES OF_PROI'ERTY FROM B1 (NEIGJIBORHOOD BUSINESS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT WITH PROFFERS. THE PROPERTY IS LOCATED AT 1033 AYLOR ROAD IN STEPHENS CITY AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 74-((A))-104 AND 74-((A))-105 IN TUE OPEQUON MAGISTERIAL DISTRICT. — VOTE POSTPONED FOR 60 DAYS Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a proposal to rezone 2.42 acres from B 1 (Neighborhood Business) District to B2 (General Business) District with proffers. The property is located at 1033 Aylor Road in the Opequon Magisterial District. Deputy Director Ruddy advised the applicant has proffered a generalized development plan that includes the relocated Aylor Road. The proposed commercial uses are generally consistent with the Comprehensive Plan; however, the neighborhood characteristics of the adjacent land uses should be considered. lie noted the proposal calls for increased vehicle trips per day, increased building height, and increased density. The Planning Commission recommended denial of this application due to its adverse impact on the adjacent neighborhood. He concluded by saying that staff was seeking Board action following the public hearing. Benjamin C. Montgomery appeared before the Board on behalf of the applicant. He reviewed the proposal to include the conversion of current Aylor Road into a utility road for I- 81. He stated the nature of the location begs to be more intense from a zoning perspective. He noted there was existing B2 zoning against some of the residential area, He went on to say three uses make sense for this particular parcel: office, hotel, and restaurant. He noted part of the property could not be used due to the relocation of Aylor Road. He stated the current B 1 zoning guarantees a three-story office building. B2 would permit a hotel with no windows facing the residential neighborhood. He noted that buffering had been added to aid the neighbors beside the 11 • project. Chairman Shickle convened the public hearing. Dorothy Carriker, Opequon District, advised she was an adjoining property owner. She did not believe the proposed rezoning met the current,B2 requirements. She stated the B2 district provided for uses on large acreage; however, the proposed parcel was not large. She noted the parcel was not located near the Aylor Road intersection. She asked if this was the type of spot zoning Frederick County wants to see. The Plaiuvng Commission unanimously rejected this proposal and she hoped the Board would do the same. [Ulysses Carriker, Opequon District, stated the site overlooks a mostly residential neighborhood due to the topography. He believed site access should be controlled and nuisances mitigated. He was concerned about the building overlooking his property and the illuminated signage. He also expressed concern about stormwater runoff because it could flood his yard and crawlspace. He concluded by asking the Board to deny this proposed rezoning request. Kevin Chapman, Opequon District, stated he believed the hill elevation to be greater than what was shown on the illustration. He noted the proposed landscaping was less than adequate and the building would dominate the view from his home. He went on to say if the Board wanted to approve this application, he asked that the action be postponed until more thorough environmental studies of the property could be done. He advised that the debris from the carwash drains had been dumped on the property and there had been no reports that this property had been remediated. He noted a phase 1 environmental study did not always detect contamination. Alan Week, Opequon District, expressed concern about the height of the proposed building, how people would enter the site due to the relocated Aylor Road, and lighted signage. 12 6 0 He hoped the Board would deny this request. There being no further comments, Chairman Shickle closed the public hearing. Mr. Montgomery responded to the various comments, lie stated he appreciated the residents' concerns. He proposed the Board postpone this application in order to allow the applicant to work with the neighbors to address their concerns. Supervisor Wells advised that he had spoken with the project owner and two adjacent landowner and some board members. He would like to say that he could find a way for the neighbors to have their concerns addressed. Supervisor Wells moved to deny rezoning #05-14. The motion was seconded by Supervisor Hess. Supervisor Lofton stated that looking at the relocated Aylor Road this rezoning would appear to create an island of B2 zoned property. He stated that lie could argue that this might not be the right zoning for this property. Supervisor Fisher stated there was a part ofhim that would like to see the application postponed in order to allow the applicant to work out the concerns expressed by the neighbors. Supervisor Wells withdrew his motion to deny. Supervisor Hess withdrew his second. Upon a motion by Supervisor Wells, seconded by Supervisor Fisher, the Board postponed Rezoning #05-14 for 60 days. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Charles S. DeHaven, Jr. Aye Gene C. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Robert W. Wells Aye 13 o L , PROPOSED PROFFER STATEMEN REZONING PROPERTY: RECORD OWNER APPLICANT PROJECT NAME ORIGINAL DATE OF PROFFERS: BZ# 131 TO B2 2.42 acres L ' ! JUN - 4 2015 L FREDLH1(,K COUNTY PLANNING AND DEVELOPMENT Tax Map Parcel 74-((A))-104 &105 CB Ventures, LLC Montgomery Engineering Group. Inc. CB Ventures, LLC — Aylor Road May 13, 2014 REVISION DATE (S) May 1, 2015 J �J_LA NE '� , Zo 1cj The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, 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 B2 rezoning is not granted as applied for by the applicant ("Applicant"), 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 the 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 Applicant elects not to submit development plans until such contest is resolved, the term final rezoning shall include the day following entry of • 6 a final court order affirming the decision of the Board which has not been he appealed, or if appealed, the day following which the decision has been affirmed on appeal. 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 provisions 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 and herein. Any proffered conditions that would prevent the Applicant CB Ventures, LLC from conforming to State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "CB Ventures, LLC-Aylor road "dated February 23, 2014 revised November 1, 2014 (the "GDP") and is included in this proffer. Site Development. 1. Property Access. Property access shall be via the two new entrances shown on GDP from Relocated Aylor Road, as approved by VDOT. Temporary access to the property may, in the interim, be via entrances on the existing portion of Aylor Road, as approved by VDOT, until such time the right of way for the future Aylor Road realignment improvement project is conveyed to the Commonwealth of Virginia. This temporary access may cross the area identified for right of way dedication. Improvement necessary to utilize the two new entrances shown on the GDP after the conveyance shall be the responsibility of the Applicant. 2. Right of way dedication. The Right of Way shown on the GDP for the future Aylor Road Realignment improvement project shall be conveyed to the Commonwealth of Virginia or Frederick County within 90 days of a written request from either VDOT or Frederick County. All site development shall occur on the area outside of the area identified for future right of way dedication. The only exception to this requirement being the temporary access identified in Proffer 1. The provision for conveyance of the Right of Way shall have no further force or effect, however, should neither the VDOT 6 Year Plan nor the Frederick County Road Plan continue to show the realignment or improvement of Aylor Road. 3. Lighting All lighting shall be building mounted wall packs or on poles and shall be no higher than 20". Lighting shall be downcast and shielded to prevent glare and intrusion on light onto adjoining properties. 4. Land Use The Property shall be allowed to develop with B2 land uses with exception of: SIC Code Use 0704 Veterinary Offices 554 Gasoline Service Stations 0741 Veterinary services -livestock 0752 Animal specialty services, except veterinary, with all activities And animals kept within the fully enclosed primary structure 5431 Fruit and vegetable stands 55 Automotive dealers and gasoline service stations 598 Fuel dealers 701 Hotel & Motels 704 Organization hotels and lodging 7213 Linen supply 7216 Dry cleaning plants 7218 Industrial launderers 7299 Escort services • i 7299 Turkish Baths 7299 Steam Baths 7312 Outdoor ad services 735 Miscellaneous equipment rental 7389 Automobile recover service, automobile repossession services, Exhibits building of by industrial contractors, Filling of pressure Containers (aerosol) Gas systems Contract conversion from Manufactured to natural gas, Produce weight service, Production sterilization service, Repossession service, Salvaging Of damaged merchandise not engaged in sales, Scrap steel Cutting. 7692 Welding repair 7699 Blacksmith shops Boiler cleaning and repair, Cesspool cleaning Coppersmithing, Dental and medical instrument repair Engine repair, Farm machinery and tractor repair, Farriers Horseshoeing, industrial truck repair, laboratory instrument Repair, machinery cleaning, Measuring and Controlling Instrument repair, mechanical, Meteorological instrument Precision instrument repair, Repair of Optical instruments, Repair of service station equipment, Scale repair services, Septic tank cleaning services, sewer Cleaning, Surgical Instrument repair, Tank and Boiler cleaning service, Tank truck Cleaning service, Taxidermist, Tinsmithing. 7832 Motion picture theater, drive-in 507 Commercial batting cages operated indoors, Fire Stations, Companies and rescue squads, Commercial sport and Recreation clubs 784 Videotape rental 79 Amusement and recreation services operated indoors 7999 Golf driving ranges and miniature golf courses 8734 Testing laboratories, Self-service storage facilities Public Utility distribution facilities, Commercial sport and recreation Clubs. 5. Allowed Building Height The maximum building height allowed for all B2 uses shall be 35 feet or as may be Otherwise provided in the County Code for the B2 Zoning District. Respectfully submitted, Kandy C:raun COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: (Title) The foregoing instrument was acknowledged before me this the T: day Of J Uiv- , 2015 by 'DOoLL4 NOTARY PUBLIC My commission expires: q I3CD11-6- Dabble Jenkins r-� Commission number: 15 q 32 '�'<S Notary Public Commonwealth of Virginia Notary Registration #7593285 0 • • • Exranccz ieQr[e YAPKO3 �Q 1 ".\� 1 yo�p +aeyuzaxlx 1 a VICINITY MAP AYLO ROUT£ 647 — — YIAPPOCANLE RM, Mid PapTEa e '�" - PROJECT INFORMATION ` d Odilar OW SmiMa �t7amd) CD ValbriK A6 VA 22A= 0e "m m Made - (srof sss-sap Y I /' �CNlmwv- NTd PAaId YOT MYNN AS A PMi Or Nt1YtC If AHLICweL[ ; + �1 pE.AyeDYEMT f p sl � . ��,,._�_ is �Mf. f[TY1Ot - IFPl1GeLC I 6imn/rm�irrannu 1 s. Mtd a[anaw ss AMmV[E ANo I / Peftad ApsticYr epwtYi 1 m n, rc +P® anxn / ' 1 i /' RE we a ys 1 GRAPHIC SCALE (IN mr) I men - 90 m 1 1 APPROVALS ZP # xx-14 ADft k* Cau" y ZW*V A&*d, W Daft Sea/ and Signature IN cl. L 7}!¢AIAeK AM!DII C7Mump'l—Mfl1/}il FlfIDl mtwryl77MON.KAMP AMYCfM7]KNCA OJV"zv T►M� lAMmYm r 7MF2b1aYa ADMaQ/MM MMM 70 CMIA UC/7GM. �S �� iR br 7014 SCALE: le -W Mllb. s4-06 AMENDMENT Action: PLANNING COMMISSION: February 18, 2015 - Recommended Denial BOARD OF SUPERVISORS: .Tune 10, 2015 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05-14 CB VENTURES LLC WHEREAS, Rezoning 05-14 Of C13 Ventures, LLC, submitted by Montgomery Engineering Group, Inc., to rezone 2.42 acres from B I (Neighborhood Business) District to B2 (General Business) District with proffers dated May 13, 2014, last revised on June 4, 2015, was considered. The property is located at 1033 Aylor Road in Stephens City. The property is further identified witli PIN(s) 74-A-104 and 74-A-105 in the Opequon Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 7, 2015 and a public meeting was held on February 18, 2015, and recommended denial of this request; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 1 1, 2015; and WHEREAS, the Board of Supervisors held a public meeting on this rezoning on May 13, 2015 and again on June 10, 2015; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 2.42 acres from B I (Neighborhood Business) District to B2 (General Business) District with proffers. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRes #10-15 • 0 -2- This ordinance shall be in effect on the date of adoption. Passed this I Oth day of June, 2015 by the following recorder( vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. I-Iess Robert W. Wells Gene C. Fisher Charles S. Del-Iaven, Jr. Jason E. Ransom A COPY ATTEST Brenda G. Garton Frederick County Administrator PDRes #10-15 s • 1 10 74A0317 % 74A0317 I Id 748 5 75 A Sd 18 74A03I 03I6 �9 � 1 2 71A0316 �6 I 13 f, 75 71A0316 �� � I 127 74AOJ16 74A0I7c - 74835 ��4* 74B 5 - t, 746 5 • 1 0 D3t6' t� 74B 5 18 I4B'S 7 .I 25 � .'_ 74 7485 74B 7 74 HyDF C CaO© � C! ` 4- Mm 3 i CaO4 r > to ® O �O �} x -- s W �7 Applications Sewer and Water Service Area O %iY►1nS�7 )st4rHn��inrt C/ry t Parcels ♦. Building Footprintsfl iK'��� ij` • t 4 ` �♦♦ ♦<,� B1 (Business. Neighborhood District) �C`3 / •1 dj I♦• • _ B2 (Business. General Distnsq e� `�� ♦� � � 4 W � B3 (Business. Industrial Transition District) EM (Extractive Manufacturing District) _ •T f ' 6 S HE (Higher Education District) :r_.FAIRFAX PIKE — r�ws�xrwe • ' Mt (Industrial. Light District) M2 (Industrial. General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) Note: Frederick County Dept of REZ # 05 - 14 Planning & Development 107 N Kent St e CB Ventures, LLC suite 202 PINS: Winchester. VA 22601 74 - A - 104, 74 - A - 105 540 - 665 - 5651 Rezoning from B I to B2 Map Created: November 25, 2014 Staff: mruddy n »c 77n ';An Feel rkff • • Transportation Aerial Overview (1 of 3) Fairfax Pike (Route 277) Propel Location North Mow & Scale Legend ■ ,,. �.++wrdwn n1e.1 lIW M Ce��sV •GI Aya�C .Ir d Cq�wsnH •iR"C�' it - ��� —Air T ►: j Ord%" Ir ,� Y.,., rs......,.�.__.�.:�,•�.�.-�,..�_...,..,._<.w.�.--..-..,r�..a.....�.„.,...x��:,,�s,m,..,�n, ..�„_4��.. ,�•, ..... �,,_.s.,:.�.:.�.n.u.„w:,,...,�.,_. .v..�.,,.,� Rodcrick ll. WillLaMs .(Vinty Attorney 540/722-83,0 Fax 540/667-0370 E-naa.il: iwillia@co.frederick.va.trs December 4, 2014 VIA E-MAIL - besa MEC;iibr..biz - Aia�Y� T+; > 7a A 2 MAIL Mr. Benjamin C. Montgomery Montgomery Engineering Group, Inc. 132 Saddleback Lane Winchester, Virginia 22602 Re: JZezoning Application — CB Ventures, LLC Parcel Numbers 74-A-104 and 74-A-105,.consisting of 2.42.1 acres (the "Properties") Revised Proffer Statement dated May 13, 2014 Dear Mr. Montgomery You have submitted to Frederick Comity for revic�,v tlic above -referenced proposed proffer statement (the "Proffer Statement") for the proposed rezoning of the Properties, in the Opcquon Magisterial District; from the 131 .(Neighborhood Business) District..to the 132 (General Bmir7ess) District, subject to proffers. I have now reviewed the Proffer Statement and A is nay Opinion that the Proffer Statement would be in a foriia to meet the requirements of the Frederick County Zoning Ordinance and the Code.of Virgiiiia, and would be legally sufficient as a proffer statement, subject to the following comrilcnts: L Date of t.l>_e Pi.-offer.Statement = The previous version of the'Prolfer.Siateinent was . . dated May 21, 2014; the current version is dated May 13, 2014, It would appear that some date other than May 13, 2014 is'correct. 2. Proffer 1 — Agaiu; the proffer does not actuallystate an obligation, as the uses it purports :to exclude are already pr6hibited in the County's B2 District, For example, County Code § 165-603.02 permits SIC Code 72 uses; other than those in SIC Codes 7213, 7216, 7218, and those listed for 7299, The Code'provi.des siniilarly for SIC Codes 73 and 76. You may simply delete PeOffer l,'as the designation at the -,top of page I of the Proffer Statement, that tlac rezoning is from.131 to B2; is adequate to convey the effect of the rezoning. 3. Proffer 2: 107 North Kent Street Winchester, Vir,crinia* 22601 Mr. Be'lila'mizi C.:l oliigonlery Deceniber 4, 2014 Page 2 a: For clarity, it may better to divide, P.1offe: 2 into a part a (re property access) and a part b (re, right Of way ded c:atio,z). K Thr st;corirl sent -Dace rogatci. ng prop6rty access nuig' �t hett6r road that the existingT entrances shall be rediz ed to these sllola i orz. tlxe GDP at the time �f Onstruction of the :realigned E-lylor ROM.' fia this regard, f note th.tt, as th70rded,.the scntei e Wciuld a:Iv4tehtly oply- limit the eirtiarzces at . dc-vei.6prrient; (of the Brr�perty?) after cozz�ey� ice (of the xz ht of :.way?). 7 his Would not n.ecess' i' ily7`be in' the cont'6�t of the: road r,ealighm,en* project.. Also, I wo€ild :�€zb�est addrr19 Kati the GOP labels for the new uhttaiaces. e. Tb.e :rrSt sCrlte.nce reg rai* cl clr`catior� rizi ht bettei` read a.lcsrz he':l.irtes "Tlzc ri10t of vvay sliow.n oti the .0 p fbt the ftittire Aylor Roar kezx alz ixzerit pr0Ject "shall be cohve:yed io the COrnmoTY re:'ltlz 6-P' 7ir6 i�iY 11�itl is� Q days of a �vritteii recl'iaes t fr6ffi e.ithe:r � 'L3OT or f�reder i&- t o - nty.,,, I '6.eliev� dais is . ffiir°lye standard lai guage that h �acen iise;d hr road iiril�.rov€iiie�it cledicatioas iia otli r re onirigs... Th.e secb.nd sc,zzt�ric6rc Girci.ir� dedication zia:ight bettier° read by startiiag With "Tlie right'of 17,Yays', iri.st�d of "This pt'operi:y Fl:Isa zef= cizri. cledic;atic�ii;.stz.lt s iciuld Ize a� ale tl ai;' s Ritt.eii., the a liga, on to decizcatL right of NAMj is ilie{lective if irevv e:.velopiid:* cl'es not viz ciar tih the. Property.' d..' s'wcll, red,=a.rri.zD8 dedication; the GDP hilght`specif-Wally id.eritif'y; with a t0d ::,not aird arroN�,•s,'the are*,i of the rZ zt of way dedic atzazri..Pre ,unial7ly, this ' Would be the zre� to the west of Vae = — — line on the GDP, brit this is not c carom .:. Staff should be avwlre that the ilupac t arzal.ysi s ac6oi-€i iailyiaz9 the applzc�Lti.ori . rzaatetisla asserts Chat the cozziity's tax passe `:viiH iiiareaseWith oialyT r:zzinirrral service rcgitiieiiciits"::t<ff rtzay wish I.€z tirideitak.e .i.nclepeazdetit. analysis: 5,zgaatci Tlz izxlrciu f'cr acl.ctih ,sii:).atLire by Mr: I3rQiii.ria,'bitt I note that. �.. at the Prof i'er St4erb,cist still :fails'.to sfate thi t it is Oh M alf cif CB Ventures; LLC:.This s. iigli.f: �u: st ?e solved .by acltling «CB_ VENTCTP.BS,ILC" Wider :the "Res eetl=ully. sizbrn.itted''' Biro add also stating the i.atles f i� essrs, iirowri .ug aiid trraurl.:. Also; the .. rz€itaiiiitiozas are defecti�re ixz xltat, where they iraclicate by", th.e riaixic slic'i€i.ld. lie that of tbb signatory and. not that Of'th iiOtary:. Finally, he. zi.otary is requirbd to affix:a, raised. ,seal to the'do Vlmezit. Va. Code §47.I 1 d(C). 0 0 Mr. Bepjamin C. Mon(gomery December 4, 2014 Page 2 a.. For clarity, it may better to.divide P.roffcr 2 into a part a (re property access) and a part b (re rightof way dedication). b. The second sentetteeregarding property access might better read that the existing entrances shall be reduced to those shown on the GDP at the time of construction of the realigned Aylor Road. In this regard, I note that, as ppa worded, the sentence would arently only limn the.entrances at . development (of the Property?) after conveyance (of the right of way?). This would not necessarily be practical in the context of the road realignment . project. Also,11,vould suggest adding on the GDP labels for the now entrances.. c. The first'sentencc regarding dedication might beater read along the7ines`of: . "The tight of way shown on the CrDI' for the futfu•e Aylor Road reali.gbi-neiit project shall be conveyed to theComTnonwealth of Virginia thin 90 clays of a written request from either VDOT or Frederick County.". 1 believe this is fairly standard language that has been iiscd for road impiovcrrient dedications III other rezonings. The second sentence regarding dedication might heifer, read .by starting with "The right of way", instead of "This property". Also regarding dedication, staff should be aware thaf' as wi•itteii, ilic obligation to dedicate right of way is ineffective if stew development does not'occur oil the Propd ty. d. As well, regarding dedication, the GDP might specifically identify,' with 'a tekt notation and arroWs, the area ofthe right of way dedication. Presumably, this would.be the area to the west of the -- line on the GDP; biit this is not clear. 4. Staif should be'.. ai•e that the iiiipact analysis acconipaliying the application materials asseiis that the county's tax base "will increase with only minimal service requirements"..Staffitiay wish to'urWertakc ind pondeill analysis: 5. Signatiii•e;Thank you for adding a'signk4'o by Mr..l3rowhing, but 1 note th'M)e Pt�iffei Statement still fails to state that it is oil behalf of CI3 Ventures, LLC:.This might best be solved adding" CB 'VENTURES, LL.C"uiider.the "Respecif illy submitted" line and also stating the titles of Messrs, l3rowhiizg find Craiirf.: Also; the notariz'aiions are defective in that, �vhere iliey iitdiCate "by",'the nai' 6 should be that of the signatory and not that ofihe notary: Filially, tic notary is requiked to affix a, raised seal to the document. Va. Code §47.1=16(C). 0 Mr. Benjamin C. Montgomery December 4, 2014 Page 3 0 I have not reviewed the substatice of the proffers as to whether the proffers aro suitable and appropriate for this specific development, as it is my understanding that review will be done by staff and the Planning Commission. Sincei�ours, . Roderick B. 'W' 'ilIiams County Attomey cc: Michael Ruddy, AICP, Deputy Director of Pla.iming and Development (via c-mail) . M Ben Montgomery From: Funkhouser, Rhonda (VDOT) <Rhonda.Funkhouser@VDOT.Virginia.gov> on behalf of Ingram, Lloyd (VDOT)<Lloyd.ingram@VDOT.virginia.gov> Sent: Friday, August 08, 2014 9:23 AM To: ben@meginc.biz Cc: Ingram, Lloyd (VDOT); Smith, Matthew, P.E. (VDOT); John Bishop Subject: CB Ventures, LLC - Aylor Road - VDOT Comments to Rezoning Attachments: Scanned from EDNXerox.pdf The documentation within the application to rezone this property appears to have a measurable impact on Route 647, This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the CB Ventures, LLC Rezoning Application dated May 21, 2014 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Lloyd A. Ingram I Land Development Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 voice: 540/984-5611 fax: 540/984-5607 e-mail: Lloyd. Ingram (a)vdot.virginia.gov • FREDERICK COUNTY SANITATION AUTHORITY Post Office IBox 1877 Winchester Virginia 22604-8377 June 6, 2014 Mr. Ben C. Montgomery Montgomery Engineering Group, Inc. 132 Saddleback Lane Winchester, Virginia 22602 Ref.: Rezoning Plan Comments 1033 Aylor Road Tax Map # 75-A-104 & 105 Dear Sir: PI I. — (i40)868-1061 Pas — (540)868-1429 wit w.resa-r11ater.com Uwe E. \\'cindcl, P.E. Engineer -Director Per your request, a review of the proposed rezoning plan has been performed. The Frederick County Sanitation Authority offers comments limited to the anticipated impact/effect upon the Authority's public water and sanitary sewer system and the demands thereon. The parcel is in the water and sanitary sewer area served by the Authority. Based on the location both water service and sanitary sewer service is available within a reasonable distance from the site. Sanitary sewer treatment capacity at the waste water treatment plant is also presently available. Sanitary sewer conveyance capacity and layout will be contingent on the applicant performing a technical analysis of the existing sanitary sewer system within the area to be served and the ability of the existing conveyance system to accept additional load. Likewise, water distribution capacity will require the applicant to perform a technical analysis of the existing system within the area to be served to determine available capacity. Water and sanitary sewers are to be constructed in accordance with the FCSA standards specifications. Dedicated easements may be requires and based on the layout vehicular access will need to be incorporated into the final design. All easements should be free from any encumbrance including permanent structures (fences, signs, etc.) and landscaping (trees, shrubs, etc.). Please be aware that the Authority does not review or comment upon proffers and/or conditions proposed or submitted by the applicant in support of or in conjunction with this application, nor does the Authority assume or undertake any responsibility to review or comment upon any amended proffers and/or conditions which the Applicant may hereafter provide to Frederick County. Thank you; i:�� Uwe E. Weindel, PE Engineer -Director 1VATP.R'S WORTH IT r COUNTY of FREDERICK Department of Planning and Development 5401665.5651 FAX: 540/ 065-6395 TO: Ben Montgomery Montgomery Engineering Group, Inc. FROM: Michael T. Ruddy, AICP Deputy Director -- RE: Rezoning Comments: CB Ventures, LLC Commercial - Aylor Road. DATE: August 22, 2014 The following comments are offered regarding the CB Ventures, LLC Commercial Rezoning Application. This is a request to rezone 2.42 acres from B 1 (Neighborhood Business) to B2 (Business General) with Proffers. The review is generally based upon the Proffer Statement dated May 21, 2014, and the Impact Analysis Statement dated June 20, 2014. 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. General 1. The submission fee for this application would total $10,242.00, based upon acreage of 2.42 acres. Land Use 1) The 2030 Comprehensive Plan Long Range Land Use Plan provides guidance on the future development of the property. The property is located within the UDA and SWSA. The 2030 Comprehensive Plan identifies the general area surrounding this property with a commercial land use designation. In general, the proposed commercial land use designation for this property is consistent with this land use designation of the Comprehensive Plan. However, the existing land use in this area is neighborhood commercial in character. Immediately to the east of this property is an existing residential neighborhood. The existing character of the land use is a consideration when evaluating this proposed rezoning. 107 North Kei2t Street, Suite 202 0 Winchester, Virginia 22601-5001) CB Ventures, LLC Commercial Rezoning Comments August 22, 2014 Page 2 The intent of this district (Bl Neighborhood Business District) is to provide small business areas to serve the daily household needs of surrounding residential neighborhoods. Uses allowed prirnarily consist of limited retailing and personal service uses. Business uses in this district should be small in size and should not produce substantial vehicle traffic in excess of what is usual in the residential neighborhoods. 2) The subject properties have frontage on and access to Route 647, Aylor Road. Aylor Road is identified as a major collector road in the County's Eastern Road Plan. The rezoning application should fully address this road project as designed by VDOT in the most recent improvement plans for this project. In particular, the right-of-way needs of the project. Any improvements associated with the development of the site within the future road right-of-way should be consistent with those identified in the plans and to the satisfaction of VDOT. Impact Analysis and Proffer Statement Please address the following items from the Impact Analysis and Proffer Statements prepared for this Application. The following comments have been provided in conjunction with John Bishop, County Transportation Planner. 1) The application does not address the potential impacts associated with the change from Bl (Neighborhood Commercial) District to B2 (General Commercial) District on the adjacent residential land uses. 2) The Impact Analysis states that this site will negatively impact Police Protection, Fire and Rescue Protection, Water and Sewer Usage, and Solid Waste Disposal. The capital needs associated with these impacts have not been quantified and have not been addressed by way of mitigation other than to say that there may be a potential increase in tax revenue and fees from this development. Please quantify and address the impacts. 3) The Traffic portion of the Impact Analysis states that the potential development square footages established for each zoning district in the Zoning Code are grossly overstated (B1-13,068, I32-21,361). Please clarify if the numbers used to make your conclusions are those established by the Comity, or your own estimate. 4) Transportation improvements to Avlor. Road and Route 277, Fairfax Pike, are planned on the VDOT Six -Year Improvement Plan. Therefore, at this time it is not anticipated that this project constructs improvements to Aylor Road, rather,. dedicates appropriate right-of-way, designs access to this site that is consistent with those improvements anticipated with the VDOT Six -Year Plan Project, and provides some contribution to transportation improvements resulting from the impacts of this new development; further, that the value of any contribution has a nexus to the development project and its impacts. 0 I CB Ventures; LLC Commercial Rezoning Comments August 22, 2014 Page 3 5) Proffer 1 is redundant as B2 land uses are obviously those that the property will be developed with raider a B2 rezoning. Should you desire to prohibit certain B2 uses this would be the appropriate location to do so. 6) Proffer 2 is vague and provides no concrete commitment to address the transportation impacts and future road construction and right-of-way needs. Transportation improvements proffered should support the Aylor Road/277 project and should include appropriate triggers for completion and/or dedication. 7) The GDP shows improvements to the site that may be construed to be the scope of development and may, in the future, be in conflict with ordinance requirements. To provide the applicant with as much flexibility in the future development of the site, it is suggested that some of the site design details are removed, such as building footprints and buffer details, from the GDP. Features important to the rezoning, and those that exceed current ordinance requirements should be depicted on the GDP. Such features should also reflect consistency with items described in the proffer statement. In conclusion, please ensure that the above comments, and those offered by the reviewing agencies are addressed. MTR/dlw 1-1 !i MONTGOMERY SHplecriNg �roup,, J/fc. November 1, 2014 Re: Rezoning CB Ventures — Aylor Road County of Frederick Department of Planning and Development 107 N. Kent St. Winchester, VA 22601-5000 Dear Mr. Ruddy: Per your attached comment letter dated August 22, 2014, we have made the following revisions. General 1. Fee amount is acknowledged. Land Use 1. Land use consideration understood. 2. The submitted plan and revised Impact Analysis Statement in conjunction with the Proffer Statement addresses the most recent road realignment for Aylor Road. This plan has been approved by VDOT. Impact Analysis and Proffer Statements 1. We believe because this is on Aylor Road which is a major collector road and not on any roads leading into the neighborhood that the impacts to the adjoining neighborhood to be minimal and would be mitigated by the current screening requirements. Statement added to Impact Analysis Statement, 2. At this time we have no way to quantify Police, Fire & Rescue, and Solid Waste Disposal. The statement remains true that the change in zoning when comparing a fully developed 131 site to a fully developed B2 site is very small. The difference in tax revenue is proportional. The water usage is being addressed in FCSA reviews and statement has been modified to reflect. No additional proffers are being offered nor are they needed. 3. My statement that the Zoning Code grossly overstated the numbers was incorrect on my part. I was not calculating based on "Acre of Use". The Impact Analysis Statement has been modified to indicate the small difference between allowable square footage of use. 4. The proffer dedicates the ROW for the property and limits development in that area. We believe that proffering the ROW without payment from VDOT mitigates future VDOT development costs. This has been accepted by VDOT. 5. We have listed additional B2 land uses to be proffered. 6. The trigger for the proffer is exercise by VDOT when the road is being developed. No proffers for additional contributions are being made. Proffer Statement has been reviewed by the county attorney and accepted by VDOT. As stated in Impact Analysis, the transportation impacts are less than 10%. 7. The GDP has been revised to remove building footprints and buffer elements. Thank you for your help in this process. If you have any questions, give me a call. Sincerely, Ben C. Montgo . ery, PE 0 0 ir MONTGOMERY Sflgifferriflg (jroup', ifte. Impact Analysis Statement CB Ventures, LLC — Aylor Road Tax Map #75-((A))-104 & 105 Revision 1 — 11/1/14 0 is Owner: CB Ventures, LLC. 130 Hawthorne Dr. Winchester, VA 22601 Applicant: Montgomery Engr. Group, Inc. 132 Saddleback Lane Winchester, VA 22602 (540) 974-7382 ben@MEGinc.biz Property: Tax Map #75-((A))-104 & 105 1033 Aylor Road, Stephens City, VA 22655 Zoning: Present B1 Proposed B2 A. Suitability of the Site The site is located on Aylor Road approximately 0.25 miles north of Fairfax Pike in Frederick County, VA. The present use of lot 104 is a car wash and lot 105 is vacant but once had a self -serve gas station operating in the 70's. All tanks were removed in 1986 and an Environmental Site Assessment was performed in 2005 on lot 105. There are no known site hazards. The total acreage is 2.42 acres. Access to the site is currently from two entrances off Aylor Road for each lot or a total number of 4 entrances. The total current frontage is 392.57 feet. The site and location make it suitable for a wide variety of uses. By rezoning to B2, a much larger pool of uses is allowed therefore making the property more marketable. B. Surrounding Properties The property to the north is zoned B1 and presently being used as a Dentist Office. The property to the south is zoned B1 and presently being used as duplex office housing an Orthodontist and a Stock Broker. The property to the east is zoned RP and is being used as single family residential. Aylor Road and 1-81 border the property on the west. The nearest residence is approximately 75' from the property line. The property being on Aylor Road a major collector and not on any roads leading into the neighborhood greatly reduce the impact to the RP neighborhood. Per current zoning code the site will be fully screened per category B on the east side (side adjoining the RP District). The 25' inactive portion of the buffer shall be screened with landscaping and 6' fence per code. This buffer will mitigate any impact to the neighborhood. 0 0 C. Traffic — Traffic Impact Analysis Rezoning proposal does not substantially affect transportation on the state- controlled highway. Background The site is located on Aylor Road approximately 0.25 miles north of Fairfax Pike in Frederick County, VA. The present use of lot 104 is a car wash and lot 105 is vacant. The total acreage is 2.42 acres. Access to the site is currently from two entrances off Aylor Road for each lot or a total number of 4 entrances. The total current frontage is 392.57 feet. The proposed rezoning less the proffered road right of way for the realignment of Aylor Road reduces the site area to 1.90 acres with two entrances proposed. This analysis assumes Aylor Road will be realigned per VDOT diagrams. The existing and proposed area is shown in the attached drawing. This drawing depicts the realignment of Aylor Road and the proffered right of way. The bicycle trail currently on Aylor Road is also shown and extended. The site is located in a flat and reasonably straight area of Aylor Road. Site distances are greater than 500 feet. The current speed limit is 40 mph. Roads affected by this rezoning are Aylor Road and Fairfax Pike. Analysis of Existing Conditions Aylor Road currently runs in front of the two lots and connects with Tasker Road to the north. This intersection is 2 miles away. Aylor Roads connects with Fairfax Pike 0.25 miles away to the south. Aylor Road serves several major residential areas. In the area of the lots house two fast food restaurants, a gas station and several medical office buildings. Current traffic counts are approximately 5,700 AADT and approximate peak hour of 500 vehicles per hour. Fairfax Pike has an approximate AADT of 10,000 and approximate peak hour of 900 vehicles per hour. 99% of the vehicles on Aylor Road are 4 tired and 91 % on Fairfax Pike are 4 tired. The existing car wash per ITE is approximately 75 vehicles per hour during daily peak hour. Proposed Trip Generations Per Frederick County Zoning Code, usage density is to be calculated at set square footages per usable acre. 131 uses 13,068 square feet / acre and B2 uses 21,361 square feet / acre of retail space. Using these factors and the ITE Trip Generation manual the following has been calculated. Current Zoning 131 of usable acreage 1.60 acres x 13,068 sq ft/ac = 20,909 sq ft of retail space The average weekday rate is 44.32 vehicles per day per 1000 square foot or 925 vpd. The maximum peak hour rate is 6.84 vehicles per hour per 1000 square foot or 145 vph. Proposed Zoning B2 of usable acreage 1.05 acres x 21,361 sq ft/ac = 22,429 sq ft of retail space Using the same rates as above — 995 vpd and max hour of 155 vph. Using the actual usable area of the lots considering set backs, buffers and parking requirements, these square footages the B2 area is believed to be closer to 16,000 sp ft of retail or 700 vpd and peak hour of 110 vph. Based on these calculations, a reasonable estimate of the traffic increase from 131 to B2 would be less than 10%. Conclusion Developing the property fully using 131 zoning and density would be handled by the current Aylor Road configuration. Rezoning to B2 and fully developing using the reconfigured Aylor Road would more than account for the 10% increase in traffic potential created. This increase is mitigated by the proffered right of way for this new roadway. D. Sewage Conveyance and Treatment The site is currently served by FCSA with an 8" sewer main. The lot 104 presently has a self service and automatic car wash. It is unknown at this time if the carwash shall remain. The sewer effluent difference for most land uses is minimal between 131 and B2 Zonings with the exception of a Hotel. Should that use be used the water consumption would average between 200,000 and 300,000 gallons per month. Sewer main runs at front of property and south. Present Car Wash connection is in the front. Based on our preliminary studies there is adequate sewer services in place to handle all potential land uses. Any impacts due to increases in sewer effluent will be offset by the reciprocal increase in water / sewer fees generated. E. Water Supply The site is currently served by FCSA with an 8" water main that runs across the front of the property. The lot 104 presently has a self service and automatic car wash. It is unknown at this time if the carwash shall remain. The water use difference for most land uses is minimal between 131 and B2 Zonings with the exception of a Hotel. Should that use be used the water consumption would average between 200,000 and 300,000 gallons per month. Based on our preliminary studies there is adequate water service in place to handle all potential land uses and fire protection. Any impacts due to increases in water usage will be offset by the reciprocal increase in water / sewer fees generated. F. Drainage The site presently drains to the south and North. Future development will require both retention facilities and BMS utilization in accordance with Frederick County Stormwater ordinance #143. No changes in drainage patterns should be required. Future Stormwater designs should minimize flows directed toward the existing residential development. G. Solid Waste Disposal Facilities The prospect for additional solid waste is likely. Enclosed dumpster locations shall be required and planned as a part of the site planning process. All hauling and disposal shall be the responsibility of the owner. Increases in tax revenue will more than account for this burden. H. Historic Sites and Structures The site has no historical significance. I. Impact on Community Facilities By developing this site, the counties tax base will increase with only minimal service requirements. The potential increase in tax revenue from this project is between $15,000 and $20,000 per year. Additional revenues shall be produced for water / sewer usage. This site will negatively impact Police Protection, Fire and Rescue Protection, Water & Sewer usage, and Solid Waste Disposal. The site will be approved by the Fire Marshal and Building and Inspections department to lower fire risk. On site fire hydrant(s) shall be installed. Proper lighting shall be required for safety. 5 J. Other Impacts None. 6 0 • REZONING APPLICATION FORM FREDERICI{ COUNTY, VIRGINIA To be completed by Planning St(ff Zoning Amendment Number C S y PC Hearing Date 1 ' O� Pee Amount Paid $ j 0, 0� q r� . Date Received 11 i BOS Hearing Date The following infoi-matron Shall be pl•oi,ided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner' of Revenue, Real Estate Division, 107 North Kent Strect, Winchester. 1. Applicant: Name: Montgomery Engr Group, Inc Telephone: 540-974-7382 Address: 132 Saddleback Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: CB Ventures, LLC Telephone: 540-535-1897 Address: 130 Hawthorne Dr. Winchester, VA 22601 3. Contact person if other- tllan above: Name: Telephone: 4. Property Information: Eq. Property Identification Number•(s): 74-((A)) - 104 & 105 b. Total acreage to be rezoned: 2.42 C. Total acreage of the parcels) to be rezoned (if the entirety of the parcel(s) is not being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: B1 C f. Proposed zoning designation(s) and acreage(s) in each designation: B2 Magisterial District(s): Opequon 12 0 ` 5. Checklist: Check the following items that have been included with this application. Location map Agency Comments i ✓ Plat _� ✓ _ Fees _� ✓ Deed to property _I ✓ (_ Impact Analysis Statement _I ✓ Verification of taxes paid i✓ _ Proffer Statement _I ✓ Plat depicting exact meets and bounds for the proposed zoning district _I ✓ Digital copies (l)df's) of all submitted documents, maps and exhibits _i ✓ _ 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Edward P Browning, IV Randy Craun 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 74-B-7-2-27 Dentist Office B1 85-4-1 Orthodontist/Broker 131 85-4-2 & 3 Vacant 131 7413-7-2-28 Residential RP 74B-7-2-29 Residential RP 7413-7-2-30 Residential RP 8. Location: The property is located at (give exact location based on nearest road and distance from nearest Intersection, Using road names and route numbers): 1033 Aylor Road, 0.25 miles north of Fairfax Pike, Stephens City, VA 22655. 13 0 • 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: X Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: unknown Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial: Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven clays prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applieant(s): blt�Date:-I Date: Owner(s): /l Date: I1 7 " Date: E ADJOINING PROPERTY OWNERS 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 Property Identification Number Address NaineWilliam L Stiebel 1110 Breckinridge Ln Winchester, VA 22601 Property 117413-51-D NameGarrett Ent. Ltd. 1841 W Plaza Dr. Winchester, VA 22601 Property 1t85-4-1 NameWinchester Medical Center 1840 Amherst Winchester, VA 22601 Property tt85-4-2 & 3 NaneMarshall Conner 100 Downing Dr Stephens City, VA 22655 Property u7413-7-2-26 NameKaren M Pawlak 104 Downing Circle Stephens City, VA 22655 Property u7413-7-2-27 NameKevin and Stacey Chapman 106 Downing Circle Stephens City, VA 22655 Property 117413-7-2-28 • • 5. Allowed Building Height <. The maximum building height allowed for office buildings and hotels/motels shall be 50 feet and the maximum building height allowed for all other B2 uses shall be 1 35 feet or as may be otherwise provided in the County Code for the B2 Zoning District. Respectfully submitted, CB Ventures, LLC Edward P. Browning, IV COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: (Title) The foregoing instrument was acknowledged before me this day of , 2014, by NOTARY PUBLIC My commission expires: Commission number: Randy Craun COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: (Title) The foregoing instrument was acknowledged before me this day of , 2014, by My commission expires: Commission number: NOTARY PUBLIC 3 When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "CB Ventures, LLC — Aylor Road" dated February 23, 2014 revised November 1, 2014 (the "GDP") and is included in this proffer. Site Development. Property Access. Property access shall be via the two new entrances shown on GDP from Relocated Aylor Road, as approved by VDOT. Temporary access to the property may, in the interim, be via entrances on the existing portion of Aylor Road, as approved by VDOT, until such time the right of way for the future Aylor Road realignment improvement project is conveyed to the Commonwealth of Virginia. This temporary access may cross the area identified for right of way dedication. Improvements necessary to utilize the two new entrances shown on the GDP after the conveyance shall be the responsibility of the Applicant. 2. Right of way dedication. The Right of Way shown on the GDP for the future Aylor Road Realignment improvement project shall be conveyed to the Commonwealth of Virginia or Frederick County within 90 days of a written request from either VDOT or Frederick County. All site development shall occur on the area outside of the area identified for future right of way dedication. The only exception to this requirement being the temporary access identified in Proffer 1. The provision for conveyance of the Right of Way shall have no further force or effect, however, should neither the VDOT 6 Year Plan nor the Frederick County Road Plan continue to show the realignment or improvement of Aylor Road. 3. Lighting. All lighting shall be building mounted wall packs or on poles and shall be no higher than 20'. Lighting shall be downcast and shielded to prevent glare and intrusion of light onto adjoining properties. 4. Land Use The Property shall be allowed to develop with B2 land uses with exception of: SIC Code Use 074 Veterinary Offices 554 Gasoline Service Stations 2 When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "CB Ventures, LLC — Aylor Road" dated February 23, 2014 revised November 1, 2014 (the "GDP") and is included in this proffer. Site Development. Property Access. Property access shall be via the two new entrances shown on GDP from Relocated Aylor Road, as approved by VDOT. Temporary access to the property may, in the interim, be via entrances on the existing portion of Aylor Road, as approved by VDOT, until such time the right of way for the future Aylor Road realignment improvement project is conveyed to the Commonwealth of Virginia. This temporary access may cross the area identified for right of way dedication. Improvements necessary to utilize the two new entrances shown on the GDP after the conveyance shall. be the responsibility of the Applicant. 2. Right of way dedication. The Right of Way shown on the GDP for the future Aylor Road Realignment improvement project shall be conveyed to the Commonwealth of Virginia or Frederick County within 90 days of a written request from either VDOT or Frederick County. All site development shall occur on the area outside of the area identified for future right of way dedication. The only exception to this requirement being the temporary access identified in Proffer 1. The provision for conveyance of the Right of Way shall have no further force or effect, however, should neither the VDOT 6 Year Plan nor the Frederick County Road Plan continue to show the realignment or improvement of Aylor Road. 3. Lighting. All lighting shall be building mounted wall packs or on poles and shall be no higher than 20'. Lighting shall be downcast and shielded to prevent glare and intrusion of light onto adjoining properties. 4. Land Use The Property shall be allowed to develop with B2 land uses with exception of: SIC Code Use 074 Veterinary Offices 554 Gasoline Service Stations • 5. Allowed Building Height The maximum building height allowed for office buildings and hotels/motels shall be 50 feet and the maximum building height allowed for all other B2 uses shall be 35 feet or as may be otherwise provided in the County Code for the B2 Zoning District. Respectfully submitted, CB Ventures, LLC Edward P. Browning, IV (Title) CHRISTY MILLER Notary Public COMMONWEALTH OF VIRGINIA, AT LARGE State of Colorado FREDERICK COUNTY, To -wit - The foregoing instrument was acknowledged before me this l day of 2014, by r NOTARY PUBLIC My commission expires: I I 2b -l c) Commissia number: i b `i �'���`� `�Oi ') C C ndy Craun Y (Title) COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of b 201by_,4k, o d0 NOTARY PUBLIC My commission expires: ci 1-3 <x Commission number: is Debbie Jenkins Notary Public Commonwealth of Virginia Notary Registration *7593285 E PROPOSED PROFFER REZONING: PROPERTY: RECORD OWNER RZ# B 1 to B2 2.42 acres Tax Map P CB Ventures, L 04 & 105 APPLICANT: Mont mery neering Group, Inc. PROJECT NAME:03,2014 ntu , LLC — Aylor Road ORIGINAL DATE OF PROFFERS: REVISION D E(S): February 5, 2015 Thftnde,7 n�ereby proffers that the use and development of the subject proQhen pe y" ), as described above, shall be in strict conformance with the foliitions, which shall supersede all other proffers on the Property that mamade prior hereto. In the event that the above -referenced B2 rezoning is not granted as applied for by the applicant ("Applicant"), 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 Applicant elects not to submit development plans until such contest is resolved, the term final 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. 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. Any proffered conditions that would prevent the Applicant CB Ventures, LLC. from conforming to State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 0 0 PROPOSED PROFFER STATEMENT REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S) RZ# 131 to B2 2.42 acres Tax Map Parcel 74-((A))-104 & 105 CB Ventures, LLC. Montgomery Engineering Group, Inc. CB Ventures, LLC — Aylor Road May 13, 2014 February 5, 2015 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, 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 B2 rezoning is not granted as applied for by the applicant ("Applicant"), 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 Applicant elects not to submit development plans until such contest is resolved, the term final 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. 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. Any proffered conditions that would prevent the Applicant CB Ventures, LLC. from conforming to State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. a �il PROPOSED PROFFER STATEMENT REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S) RZ# B1 to B2 2.42 acres Tax Map Parcel 74-((A))-104 & 105 CB Ventures, LLC. Montgomery Engineering Group, Inc. CB Ventures, LLC — Aylor Road May 13, 2014 November 19, 2014 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, 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 B2 rezoning is not granted as applied for by the applicant ("Applicant"), 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 Applicant elects not to submit development plans until such contest is resolved, the term final 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. 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. Any proffered conditions that would prevent the Applicant CB Ventures, LLC, from conforming to State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 40 40 When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "CB Ventures, LLC — Aylor Road" dated February 23, 2014 revised November 1, 2014 (the "GDP") and is included in this proffer. Site Development. 1. Property Access. Property access shall be via the two new entrances shown on GDP from Relocated Aylor Road, as approved by VDOT. Temporary access to the property may, in the interim, be via entrances on the existing portion of Aylor Road, as approved by VDOT, until such time the right of way for the future Aylor Road realignment improvement project is conveyed to the Commonwealth of Virginia. This temporary access may cross the area identified for right of way dedication. Improvements necessary to utilize the two new entrances shown on the GDP after the conveyance shall be the responsibility of the Applicant. 2. Right of way dedication. The Right of Way for the future Aylor Road Realignment improvement project shown on GDP shall be conveyed for the development of said road to the Commonwealth of Virginia 90 days of a written request from either VDOT or Frederick County. All site development shall occur on the area outside of the area identified for future right of way dedication. The only exception to this requirement being the temporary access identified in Proffer 1. This property shall not be conveyed should road development not occur or if on a future VDOT 6 Year Plan, Aylor Road is no longer being considered for realignment. 3. Lighting. All lighting shall be building mounted wall packs or on poles and shall be no higher than 20'. Lighting shall be downcast and shielded to prevent glare and intrusion of light onto adjoining properties. 40 Respectfully submitted, Edward P. Browning, IV COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument waa acknowledged before me this day of 2014, by IbQ NOTARY PUBLIC My commission expires: a 6 I1 � Debbie Jenkins Commissio numb r: Notary Public Commonwealth of Vrginia Notary +r'r93285 andy Craun COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: l The foregoing instrument w acknowled ed before me this �` I"` day of I(sV�l nn � u' 2014, by L) c ��r\ �,n 3 NOTARY PUBLIC My commission expires: 61)<X Commission number: Debbie Jenkins Notary Public commonwealth of Virginia Or • -+r7593285 3 M 40 D Nov 2 4 ?014 F ' EGEt.1- GOc Nr)PhAr • -•• �.� Ann ,, ROUSE 647 1 1 1 iMRli GRAPHIC SCALE VICINITY MAP saw — •I I' 0— AV SAMM ChLrl:h Ad Dlvlq— Seal and Signature T" O, @eKIAKM C-S olu)tz ,� A�7u� � 7)t RAW "11 AIM UZ WM "M AlRI/tRX CDLWM SUMMM d AW OwIM[i M AW DR 71W at OftVW M Ma ALMW MMU M AM%MW BY "ff Ml ADP TW At= 7o Ca1FY LCYMt b oRle is sa, CIA rule I• - s Rl � OHM I 01 1 AN.OR ROAD j / § BRL 59 / / D J 1 / 1 _ / I,- N. 2b P r C 3 STORY MICROTEL INN t SUITES 2p� 77 GUEST ROOM5 n 1 O I O , Q 1 M I n L-------- --------------------------------------------------------------------------`v---------------------------------------------------------- I 3TORMWAI'E2---------- --- w �(Y A VE 5 FFER 517E DATA TABLE PiTENNON AREA ;� a / w+aulRe�� ^:; a^Acs - 52 IXNDTaTAL,AP tiD 05. SPACACX5 3 ' N / -OTAL r-AVIDCD 5 ACC9 - 63 I 25' INACT'VF BUF°ER / ROOM DATA TABLE 1 s / ,Tres =OOV5. ,;• 5 16'43'3C' W 196.99 5 16°4336' W 132.25' NOTES •mn .,ywe eoe•, nM law;. r �rtRc ' MO: J!bea wrae w.Mv'1 of con�uncbon wAa the pn�warxnn d thra 5rhem, 4ywt.. • 1Rib uyolh has, rot bca� e�ewed by fhe Pin: Departmr��r.. T E P•Op0%U Curir CUYy �Imw'� 0 SITE STUDY N • rn a v,o�s dra ro: r,:r ✓iC+J 1 ICROTEL - iMN 6 SVITCS - Franchisee Information CB VENTURES, LLC 8 0 Salem Ch,r h Rd. Stephens CRy, VA 22655 Project location MICROTEL INN & SUITES Stephens ay Aylor Road SceprK Cky, VA 2265S REVISIONS NO GATE DRAWINGS ISSUED FOR'. PRELIM. FLOOR PLAN ❑ 30% ❑CLIENT/CORP. REVIEW (90%) ❑ BIDDING ❑ PERMITTING ❑ PERMIT RVA90N5 ❑ FINAL CONST. DRAWING ASS IF CAW. 05-12-15 SITE STurn FA 1 .4- I GO DATE: S/12/15 SHEET NVMraER AS-1 ASPHALT SHINGLES ON C 15 FELT, ON 5/8' SHEATHING. ON WOOD 1RU55E5. 5EC STRUCTURAL FOR TRU55 It SHEATHING SPECIFICATIONS. PROVIDE ICE SHIELD UP 48' FROM FASCIA ON ROOF. RIDGE VENT SEE DTL, 71A i A -- 3'<4' DOWN51`01.`T5 3'+4' DOWN5"175 P Oc'. v=N" CONTINUOU5 RIDGE VENT TO UNDERGROUND 18- DIA. LOUVER VENT TO UNDERGROUND ? F Di L. A,u SEE DTL. 7/A-5 STORM DRAINS W/ INSECT 5CREEN TYP 5TORM DRAINS Lbc�M SEf DETAIL 4/A 5 (Ty.) SECOND 28 E169R -, - 7 "FLOOR _ L: OA _ - - .- En I _ - —_ - 3`,4' DOWNSPOUTS TO UNDERGROUND STORM DRAIN5 FRONT ELEVATION A-11 SCALE: 313Z •1 -0 EXPANSION JOINT IN CON71N0005 FORMED GUTTER ASPHALT 5HINCLE5 ON a 15 FELT, ON 5J8' SHEATHING, ON WOOD TRU5E5 5. SEE 5TRUCTIIRAL FOR TRUSS 1 5HFATHINC 3'<4' OOWN5POUTS SPECIFICATIONS- PROVIDE ICE 5FITLD W 48' ROM FASCA TO UNDERGROUND STORM DRA!N5 B ON ROOF N COLO CLIMATES. (TYp F RIDGE VENT SEE DTL, 7/A-5 CONTINIJOU5 RIDGE VENT J EE DTL 7/A-5 18' DIA. LOUVER VENT W/ IN5ECT SCREEN TY^23 / 4--77 ,�_W55 BEARNG �[��j ljj� un — L� F _ 03 $ SECOND FLOOR ` ]F=11 all NE SOOR ,-- OO 11 3'x4' DOW15POUT5 L 6ING 3'<4' Dovmsrrour ARCHITECURAI GRIME FOR P. T.A.C. UNIT (TYP.) SEE TO UNDERGROUND VIN`t STORM DRAINS TYPI TO UNDERGROUND STORM DRAINS REAR MECHANICAL ELEVATION DRAWINGS REMOTE CARD READER ON ENTRY DOORS. MAKE-UP LOUVE 2 LOWER FOR IN7AIL AIR - A-ti SCALE: 3 J2 -I -0 ASPHALT SHINGLES ON AI5 FELT, ON 5/8- 5HEAfNING, ON WOOD TRUSS(5. SEE 3'<4' DOWNSPOUTS TO STRUCTURAL PJR TRU55 t 5HEATnING UNDERGROUND STORM DRAINS - 5PECIFICATIONS. PROI ICE 4B' °ROM FASCIA.ON ROOF'N SHIELD UP COLD 18' DIA. LOWER VENT WI INSECT SCREEN YP. CUMArE5. CONTINUOUS RIDGE VENT SEC OETA,L 4/A-5 RIDGE HEIGHT ARCHTECTJRAL rYPGRILLE FOR P T.A.C. UNIT (:). SEE MICROTEL SIGN (SEE GENERAL NOTE 1) CHANICAL DRAWINGS 4 ��\TRUSS I,- BEARING 28r.0 lip HIRD FLOOR-- Lza�2'--- IA - F- CANOPY SEE DTL. I/A.5' - (LAD ,�_SECOND FLOOR FIRST FLOOR - - I =-Lu-LM ARCHrcEGTURAI GRILLE rOR P-T.P.C. UNIT tom.; SEE MECHANICAL DRAWINGS LAUNDRYCHUTP VENTILATION. VENT SHALL rERMINAIE MIN. 3'-O ABOVEROOF- 3'x DOWNSPOUTS EXPANSION 1011� IN STORM UNDERGROUND STORM DR!'NS COhTN0005 FORMED GUTTER A - !I'm MINIMUM SPACING TO BE PER -1 RIDGE VENT WATER HEATER MANU°ACTJRER REQUIREMENTS 314" JOWN5POUT5 TO UNDERGROUND STORM DRAINS CANOPY SEE OIL. I/A-5 I NOTE: AWMINUM FLAEHINC BE APPLIED OVER OL 5TRAIGHTFLA5H, CC TO MATCH 5101NG. :ONTIN0005 BEAD OF .OMMERCIAL GRADE iEAIANT I'OVERHANG DUPONT PI n RA' WINDOW s FLASHING DETAIL EXTERIOR A -II SCALE i . I - NOT`.: FLASHING TAPE A50 REQUIRED AT ALL OTHER EXTERIOR WALL OPENINGS. I.E. DOORS, PTAC5. LOUVERS. ETC. 3".4' DG'WN5POUT5 TO UNDERGROUND STORM DRAINS - -i CANOFI' - - - 5EE DTL, ILA-5 8' DRY�1t VENT uiENT VrJRELr1'P.I XTEROR FINISH SCHEDULE 7 Adi YARD ORAIN'0 UNDERGROUND MA '°R 5`ORM DRAINS A5PHAL- SHINGLES ON 115 FELT, ON 518' - i L.-+. FIN �_1; 'vINY1 SIDING 5HEATdMG. ON WOOD TPU55E5. 5fE _ - 30 YEAR ARGYITECUKAL ROOF 5n1NG_�5 5TRUCTURAL FOR TRUSS A SHEATHING CEP -RAIN TEED VINYL. TRIM 5PEC.FCAT,ON5. PROVIDE ICE5HV_LD UP - 46 FROM FASCIA ON ROOF IN COLD CLIMATES. CONT:NJ" RIDGE VENT ARCHITECTURAL GRILL' FOR 3'<4' DOWNSPCUT.S'O - OXFORD BLUE P R.A.C. UNR M.I. -SEE UNDERGROUND STORM _ nARCOA1 GF" MECHANICAL DKAWINGS DRAIN5 t"YP1 - ,.,-I-E r _ a NOTES lR 5 _-. •;. : INYL . COLOR PER ABOVE. - - 1 30 YEAR ARCHITECTURAL ROOF SHINGLES. 3 ALL WIN7 YIN TO 8E DOUBLE PANE. ThERMAL Iu5JLAIED. 4. ALL. ROOF PENETRAT!ON5 TO BE LOCATED TO _- THE REAP- OF THE BUILDING. CANOPY zB SEE DR. I/A-5 ®- 3 ' DJWNSP ...;'5 0 UNDEIGROL VD SORM DRAIN`_: — UTA 13UV "�"I IVI A' REMOTE COLU`.IN REMOTE CARO READER 18- U A LOUVER VENT W/ 3'.4' DOWNSPOUTS R"-AAi7iE CART R:hOEP. IN5ECT 5CRC- 1 -'T'. JN ENTRY DOORS. SEE SCREEN SCREEN T rP. T O UNDERGROUND ON ENTRY DOORS. SEE DETAIL I G/A-o 5FP 7ETNI--VAS SEE D� AIL 4/4-1(`"P) 8' rA. CUL.)MN- 8' D10. COLUMN 5T0: M DRAINS 8' CIA, COLUMN VINYL SIDINt, 3',4' DDOWN5POUT SEE DETAIL I G)A-G. VINYL SIDING 0'rP 5EE DETAIL I.A-G_ 5PP DETAIL I CIA-G. TO UNDERGROUND 3'<4' DOWNSPOUR' STORM DRAINS TO UNDERGRCI. )ND STORM DRAINS 3 RIGHT ELEVATION 4 LEFT ELEVATION A-I1 SCALE: 3 2 •I -0 A_1t SCALE: J/J •1 -0 GENERAL NOTES- ( CONTRACTOR TO VERIPY LOCATION OF SIGN WITH OWNER t PROV DE BLOC'J. AND ELECrR)CAL AS REQUIRED. 2. P T.A.C, GRILLES TO BE EXTRUDED ALUMINUM ARCHITECTURAL 5TYII POWDER COATEO FACTORY FIN9H 10 MATCH BUILDING COLOR. 3. COORDINATE FOUNDATION REQUIREMENTS AND DRAINAGE LOCATIONS WITH STRUCTURAL DRAWINGS. 4. ALL D(:WN5POU'5 TO CONNECT TO A STORM WATER DRAINAGE SYSTEM OR DRAIN TO DAYUG" T, COORDINATE WITH CIVIL DRAWNG5 5. INSTALL EXPANSION JOINT5 AT ALL INTERIOR CORNERS, AT FLOOR LINES AND AT GABLE, PER A5TM. G. CONFRACTOP, ro COORDINATE EXACT LOCATION JF I i A.0 GRILLE W/ DETAIL. 7. CONTP OR TO PROVIDE SAMPLE OF EXTERIOR WALL rIN15H AND COLOR TO ARCHT ='CT AND MICROTEL CORPORATION FOR APPROVAL. PRIOR TO PIN150ING. o� m N N O CL D iLL ,0 V Co a) 1 C f $ • W E �� iN 0 1 ICROTEL — I SIIRCe — Franchisee Information CN VENTURES, LLC 680 Salem Churdl Rd. ACph—City, VA 22655 Project location HICROTEL INN 8 SURFS Stephens OFF Aykw Road Stepb—City, VA 22655 REVISIONS NO DATE DRAWNGS ISSUED FOR: PRELIM. FLOOR PLAN 30x CLIENT/CORP. REVIEW (90%) BIDDING GI PERMITTING Gl PERMIT REVISIONS FINAL CONST. DRAMNG ISSUE DATE' 05-12-15 EXTIERIOR F[.EV ATIONS I i P FA 1 4- 1 GO D 5/ 1 2/ 1 5 SHEET NUMBER A-11 o� N as CL O E ' . O E as •a. 35' TALL OFFICE BUILDING o E X DECIDUOUS TREE moo" EVERGREEN TREE TWO STORY HOME �EX EX SINGLE PROP BUFFER TREES STORY HOME 1 ICROTEL — a stuns — OFFICE - BUILDING HEIGHT EXHIBIT iHlt Franchisee Information r=R VENTURES. LLC 800 Salem Church Rd. Aeph—City, VA 226SS Project location MICROTEL INN & SUITES Steph— aty Aylor Road Stephens City, VA 22655 REVISIONS N9 I DATE _ - X DECIDUOUS TREE EVERGREEN TREE MINGS ISSUEO FOR: EPRELIM. FLOOR PLAN uJ f—I — - — _ ] 30R CLIENT/CORP. REVIEW (90%) C)BIDDING ] � -_ X TWO PERMIT PERMITTING CD- -- STORY HOME j]PERMIT REVISIONS FINAL CONST. :)RAWNG ISSUE EWE EX SINGLE 05-12-I5 PROP PUFFER TREE5 STORY HOME Isun.ot�c nr.u;nr HOTEL - BUILDING HEIGHT EXHIBIT J. N .: FA 1 4- 1 GO DATE: 5/12/15 NUMBER SNEF_T AS-2 0 0 REZONING APPLICATION #05-14 CB VENTURES, LLC Staff Report for the Planning Commission Prepared: December 17, 2014, updated I ebi•iiaiy G, 2015. Staff Contact: Michael T. Ruddy, AICP, Deputy Director Reviewed Action Planning Commission: 01/07/15 Tabled for 45 days Planning Commission: 02/18/15 Pending Board of Supervisors: 03/11/15 Pending PROPOSAL: To rezone 2.42 acres from the B 1 (Neighborhood Business) District to B2 (General Business) District with proffers. LOCATION: The property is located at 1033 Aylor Road in Stephens City. EXECUTIVE SUMMARY STAFF CONCLUSION AND PROJECT UPDATE FOR THE 02/18/15 PLANNING COMMISSION MEETING: Proiect Undate: In response to the Planning Commission's discussion of this rezoning request, the Applicant has modified then• proffer statement (Revision Date; Febiwaq 5, 2015) to prohibit two ilses; Vetei•inaiy Offices and Gasoline Service Stations. In addition, a proffer addressing the allowed building height has been added. The ma- inium building height foi• office buildings and hotels/inotels shall be fifty (50) feet. This is a reduction of (10) feet from that which is cm-i•ently permitted by the Zoning Ordinance. The County Attoi•nej1 has revieived the revised pi•offei• statement and it is in the pi•opei• legal form. The Applicant has also pi•ovilled an exhibit depicting the potential cross section and seine of the adjacent commercial and residential land uses. This is an application to rezone a total of 2.42 acres of land from the B 1 (Neighborhood Business) District to the B2 (General Business) District with proffers, to accommodate commercial uses. The B2 (General Business) District land use proposed in this rezoning is generally consistent with the commercial designation of the Southern Frederick Area Plan and the 2030 Comprehensive Plan. I-IoNvever, the existing neighborhood character of the adjacent land uses should be a consideration when evaluating this proposed rezoning. The transportation impacts associated with this request appear to have generally been addressed by the Applicant, subject to the unequivocal approval of the County Attorney regarding right-of-way dedication proffer, Proffer 2 (provided). The community facility impacts associated with this request should be addressed to a greater extent. Rezoning 1105-14 CB Ventures, LLC December 17, 2014, updated February 6, 2015 Page 2 The adjacent properties should be a consideration with this rezoning application. With this rezoning, the applicant has proffered height restrictions on site lighting to mitigate potentials impacts to the adjacent residential properties. No additional site development standards have been proffered. The Planning Commission should determine if the neighborhood character of the area will be adversely impacted. Following the required public heal-ing, a recommendation regarding this rezoning application to the Boan•d of Supervisors would be appl'opriate The applicant should be prepared to adequatell? address all concelvis raised by the Planning Commission. Rezoning 805-14 CB Ventures, LLC December 17, 2014, updated February 6, 2015 Page 3 This report is prepared by the Frederick Corrrrty Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in slaking a decision on this application. It may also be useful to others interested in this zoning rnatter. Unresolved issues concerning this application ar-e noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 01/07/15 Tabled for 45 clays Planning Commission: 02/18/15 Pending Board of Supervisors: 03/11/15 Pending PROPOSAL: To rezone 2.42 acres from the B 1 (Neighborhood Business) District to 132 (General Business) District with proffers. LOCATION: The property is located at 1033 Aylor Road in Stephens City. MAGISTERIAL DISTRICT: Opecluon PROPERTY ID NUMBERS: 74-((A))-104 and 74-((A))-105 PROPERTY ZONING: B 1 (Neighborhood Business) District PRESENT USE: Car wash / vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B 1 (Neighborhood Business) South: B 1 (Neighborhood Business) East: RP (Residential Performance) West: Aylor Road/Interstate 81 REVIEW EVALUATIONS: use: Commercial Use: Commercial Use: Residential Use: State Highway Town of Stephens City VirlZinia Dept. of Transportation: Please see allached email elated Augusl 8, 2014, fi•om Lloyd Ingram, VDOT. Fire Marshall: Plan approved Fire and Rescue: Plan approved Public Works Department: Recommend approval • Rezoning 1105-14 CB Ventures, LLC December 17, 2014, updated February 6, 2015 Page 4 Frederick County Sanitation Authority: Please see attached letter dated Jame 6, 2014, from Uive ffleindel, Engineer -Director FCS11. Service Authority: No comments Frederick County Attorney: Please see attached letter dated December 4, 2014, from Rod Williams, County Attorney. Town of Stephens City: No issues Planning & Zoning: 1) Site History The original Frederick Count), zoning map (U.S.G.S. Stephens City Quadrangle) identifies the subject parcels as being zoned 13-1 (Neighborhood Business) District. The intent of this district is to provide small business areas to serve the daily household needs of'surrounding residential neighborhoods. Uses allowed primarily consist of limited retailing and personal service uses. Business uses in this district should be small in size and should not produce substantial vehicle traffic in excess of what is usual in the residential neighborhoods. 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. Land Use. The 2030 Comprehensive Plan and the Southern Frederick Area Plan provide guidance on the future development of the property. The property is located within the UDA and SWSA. The 2030 Comprehensive Plan identifies the general area surrounding this property with a Business land use designation. In general, the proposed commercial land use designation for this property is consistent with this land use designation of the Comprehensive Plan. Commercial land uses would include both B 1 Neighborhood Business and B2 General Business zoning designations. The existing land use in this area is neighborhood business in character. The existing character of the land use is a consideration when evaluating this proposed rezoning. Immediately to the east of this property is an existing residential neighborhood. The Plan recognizes the existing residential land uses. Care should be afforded to the transition between the business and residential land uses, both of which are located in this general area. • Rezoning 1105-14 CB Ventures, LLC December 17, 2014, updated February 6, 2015 Page 5 Site Access and Transportation. The subject properties have frontage on and access to ROLItc 647, Aylor Road. Aylor Road is identified as a major collector road in the County's Eastern Road Plan. Transportation improvements to Route 277, Fairfax Pike, are planned on the VDOT Six -Year Improvement Plan. This project includes improvements to Aylor Road. A copy of this section of the VDOT plans has been attached to the package for your igfbl-oration. Similar to other recent projects in the vicinity, It Is not anticipated that this project constructs Improvements to Route 277 or Aylor Road at this time, rather, dedicates appropriate right-of-way, designs access to this site that is consistent with those improvements anticipated with the VDOT Six -Year Plan Project, and provides some contribution to transportation Improvements resulting from the Impacts of this new development; further, that the value of any contribution has a nexus to the project and its impacts. The rezoning application should fully address this road project as designed by VDOT in the most recent improvement plans for this project. In particular, the right-of-way needs of the project. Any improvements associated with the development of the site within the future road right-of-way should be consistent with those identified in the plans and to the satisfaction of VDOT. The provision of two entrances is proposed. Given the anticipated design for Aylor Road, such an approach may work in this location. The southernmost entrance appears to align with the new and existing road configuration. 3) Site Suitability/Envii-onment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. 4) Potential Impacts The subject properties are currently zoned B I (Neighborhood Business) District. Therefore, the rezoning of these properties to the B2 (General Business) District will have the potential to generate additional Impacts. However, It is recognized that the Impacts associated may not be as significant as if this property was zoned RA (Rural Areas) District. As noted previously, immecliately to the east of' this property is an existing residential neighborhood. Care should be afforded to the transition between the business and residential land uses that are both located in this general area. With the exception of addressing the potential lighting impacts by limiting the height of any lighting to twenty feet, the Applicant has not provided any additional means to minimize the potential impact associated with the more intensive commercial use of the property beyond the requirements of the Zoning Ordinance. It 0 Rezoning /105-14 CB Ventures, LLC December 17, 2014, updated February 6, 2015 Page 6 should be noted that the height of certain commercial structures may increase to sixty feet from the currently enabled thirty-five feet. With regards to the potential transportation impacts, at this time, the project has the intention of providing the right-of-way for the future improvements to Aylor Road. This should be unconditionally guaranteed. Otherwise, the transportation impacts associated with this request would not be fully addressed. The additional trips would simply acid to the transportation issues in this area. The Applicants Impact Analysis states that this site will negatively impact Police Protection, Fire and Rescue Protection, Water and Sewer Usage, and Solid Waste Disposal. The capital needs associated with these impacts have not been quantified and have not been addressed by way of mitigation other than to say that there may be a potential increase in tax revenue and fees from this development. 5) Proffer Statement — Dated May 13, 2014 and revised on November 19, 2014 A) Generalized Development Plan The Applicant has proffered a Generalized Development Plan. The Plan identifies the properties to be developed and recognizes the transportation and access related commitments made With this rezoning application; including the Aylor Road right-of- way dedication area and the two potential entrances to the site. B) Land Use The Applicant's proffer statement does not place any limitation on the amount or type of commercial development that may occur on the property. It is recognized that this is a relatively sinali paivei, ho)veVei', the potential inci-ease in intensitj) of the use including the size of the sh-tictNPe should be consillere(l. The Applicant has, in Proffer 3, addressed the potential impacts associated with site lighting by proffering that all lighting shall be no higher than 20'. C) Transportation The proffer statement supports the Route 277 Improvement Project as the Applicant has identified the correct area of right -of- way dedication consistent with the VDOT project along Aylor Road and described this in proffer 2, right-of-way dedication. In general, the trigger for conveying said right-of-way is acceptable. The proffer states that the right-ol=way shall be conveyed within 90 clays of a written request from VDOT or the County. The final sentence of proffer 2 should be carefully evaluated as it contains a mechanism that removes the conveyance of the right-of-way. This would be problematic as the language is vague and the right-of-way is necessary. In addition, this would result in a rezoning application that in no way addresses the additional transportation impacts generated from the more intensive commercial use of the property. 0 Rezoning 1105-14 CB Ventures, LLC December 17, 2014, updated February G, 2015 Page 7 Recent rezoning applications in the vicinity of' this project have also proffered a monetary contribution to transportation improvements in the County in an amount they believed was consistent with the transportation impacts of their project. D) Community Facilities This application does not include a proffer aimed at mitigating the community facility impacts of this request. The Applicant has stated that the additional tax revenue generated would address this. Recent rezoning applications in the vicinity of this project have also proffered a monetary contribution to offset the fire and rescue impacts of their project. The Applicant has modified their proffer statement (Revision Date, Tebruaiy 5, 2015) to prohibit tiVo use's; Vetei•inaly Offices and Gasoline Service Stations. In addition, a proffer addressing the allowed building height has been added. The maximum building height for office buildings and hotels/motels shall be fifty (50) feet. This is a redaction of (10) feet fi•oin that winch is cicrrently permitted by the Zoning Ordinance. The County Attorney has i•eviemed the revised proffer statement and it is in the proper legal fol-111. STAFF CONCLUSIONS FOR THE 01/07/15 PLANNING COMMISSION MELTING: This is an application to rezone a total of 2.42 acres of land from the Bl (Neighborhood Business) District to the B2 (General Business) District with proffers, to accommodate commercial uses. The B2 (General Business) District land use proposed in this rezoning is generally consistent with the commercial designation of the Southern Frederick Area Plan and the 2030 Comprehensive Plan. However, the existing neighborhood character of the adjacent land uses should be a consideration when evaluating this proposed rezoning. The transportation impacts associated with this request appear to have generally been addressed by the Applicant, subject to the unequivocal approval of the County Attorney regarding right-of-way dedication proffer, Proffer 2. The community facility impacts associated with this request should be addressed to a greater extent. The adjacent properties should be a consideration with this rezoning application. With this rezoning, the applicant has proffered height restrictions On site lighting to mitigate potentials impacts to the adjacent residential properties. No additional site development standards have been proffered. The Planning Commission SIIOLIld determine If the neighborhood character of the area will be adversely impacted. 0 Rezoning 1105-14 CB Ventures, LLC December 17, 2014, updated February 6, 2015 Page 8 Following the required public hearing, a recormnenrlation regarding this rezoning application to the Board of Supervisors would be appropriate Tlie applicant should be prepared to adegrratelI address all concerns raised by the Planning Commission. PLANNING COMMISSION SUMMARY FROM THE 01/07/15 PLANNING COMMISSION MEETING: Two members of the public spoke during the public hearing; Mr. Chapman, and Mr. Carriker. Both expressed concerns regarding the application and the Impact it would have on their residential properties. Commission members asked several questions regarding the details of this application and expressed concerns about the potential impacts of the application and the appropriateness of the request from a land use perspective. Commissioner Mohn noted the concern is there, in regards to lack of specificity on the intensity that could occur with this rezoning. I-Ie would like to see more in the application on building size and development. Mr. Mohn stated lie would like to see something that projects a clearer view of what may be developed on this property. Commissioner Thomas made a motion to table this rezoning application for 45 days. This motion was seconded by Commission Unger and unanimously passed. (Note: Commissioner Oates abstained from voting; Commissioner Marston was absent from the meeting.) 0 • COUNTY of FREDERICK Department of I'lanning and Development 540/665-5651 FAX: 540/ 665-6395 TO: Ben Montgomery Montgomery Engineering Group, Inc. FROM: Michael 1'. Ruddy, AICP Deputy Director RC: Rezoning Comments: CB Ventures, LLC Commercial - Aylor Road. DATE: August 22, 2014 The following comments are offered regarding the CB Ventures, LLC Commercial Rezoning Application. This is a request to rezone 2.42 acres from B1 (Neighborhood Business) to B2 (Business General) with Proffers. The review is generally based upon the Proffer Statement dated May 21, 2014, and the Impact Analysis Statement dated .Lune 20, 2014. Prior to formal SUbmissloll to the County, plca�,e ensw-i; that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and then' comments have been addressed should be included as part of tlic submission. General The submission fee for this appliCatioll would total $10,242.00, based upon acreage of 2.42 acres. Land Use 1) The 2030 Comprehensive Plan Long Range Land Use Plan provides guidance (M the future development of the property. 'file property is located wiihill the ti DA and SWSA. 'file 2030 Comprehensive flan idcntilics the genen-i area surrounding this property with a commercial land use designation. In general, the proposed commercial land use designation Ior this property is consistent with this land use designation of the Comprehensive Plan. I Iowever, the existing land use in this area is neighborhood commercial in character. Immediately to the cast of this property is an existing residential neighborhood. The existing character of the land use is a consideration when evaluating this pwpo,cd rezoning. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-S000 CB Ventures, LLC Commercial Rezoning Comments August 22, 2014 Page 2 The intent of this clistrict (BI Neighborhood Business District) is to provicle small business areas to serve the claily household neecls of surrouncling reslclentlal neighborhoocls. Uses alloived primarily consist of limited retailing and personal service uses. Business uses in this clistrict should be small in size and should not prochice substantial vehicle traffic in excess oJ'iMcit is usual in the residential neighborhoo(ls. 2) The subject properties have frontage on and access to Route 647, Aylor Road. Aylor Road is identified as a major collector road in the County's Eastern Road Plan. The rezoning application should fully address this road project as designed by VDOT in the most recent improvement plans for this project. In particular, the right-of-way needs of the project. Any improvements associated with the development of the site within the future road right-of-way should be consistent with those identified in the plans and to the satisfaction of VDOT. Impact Analysis and Proffer Statement Please address the following items from the Impact Analysis and Proffer Statements prepared for this Application. The following comments have been provided in conjunction with John Bishop, County Transportation Planner. 1) The application does not address the potential impacts associated with the change from B 1 (Neighborhood Commercial) District to B2 (General Commercial) District on the adjacent residential land uses. 2) The Impact Analysis states that this site will negatively impact Police Protection, Fire and Rescue Protection, Water and Sewer Usage, and Solid Waste Disposal. The capital needs associated with these impacts have not been quantified and have not been addressed by way of mitigation other than to say that there may be a potential increase in tax revenue and fees from this development. Please quantify and address the impacts. 3) Tlie Traffic portion of the Impact Analysis states that the potential development square footages established for each zoning district in the "Zoning Code are grossly overstated (BI-13,068, 132-21,361). Please clarify if'the numbers used to make your conclusions are those established by the County, or your own estimate. 4) Transportation improvements to Aylor Road and Route 277, Fairfax Pike, are planned on the VDOT Six -Year Improvement Pla'n. "Therefore, at this time it is not anticipated that this project constructs improvements provments to Aylor Road, rather, dedicates appropriate right-of-way; designs access to this site that is consistent with those improvements anticipated with the VDOT Six -Year Plan Project, and provides some contribution to transportation improvements resulting from the impacts of this new development; further, that the value of any contribution has a nexus to the development project and its impacts. • �J CB Ventures, L1,C Commercial Rezoning Comments August 22, 2014 Page 3 5) Proffer 1 is redundant as B2 land uses are obviously those that the property will be developed with under a B2 rezoning. Should you desire to prohibit certain B2 uses this would be the appropriate location to do so. 6) Proffer 2 is vague and provides no concrete Commitment to address the transportation impacts and future road construction and right-of-way needs. Transportation improvements proffered should support the Aylor Road/277 project and should include appropriate triggers for completion and/or declication. 7) The GDP shows improvernerits to the site that may be construed to be the scope of development and may, in the future, be in conflict with ordinance requirements. To provide the appllCallt with aS much flexibility in the future development of the site, it is Suggested that some of the site design details are removed, SUCK as building footprints and buller details, from the GDP. Features important to the rezoning, and those that cxceed current ordinance requirements Should be depicted on the GDP. SLICll features should also reflect consistency with items described in the proffer statement. In conclusion, please ellSul'e that the above comments, and these offered by the reviewing agencies are addressed. M'fR/dlw 0 • COUNTY of FREDERICK Department of Planning and Development 540/ 665-56S 1 FAX: 540/665-6395 TO: Ben Montgomery Montgomery Engineering Group, Inc. FROM: Michael T. Ruddy, AICP Deputy Director — RE: Rezoning Comments: CB Ventures, LLC Commercial - Aylor Road. DATE: August 22, 2014 The following comments are offered regarding the CB Ventures, LLC Commercial Rezoning Application. This is a request to rezone 2.42 acres from B 1 (Neighborhood Business) to B2 (Business General) with Proffers. The review is generally based upon the Proffer Statement dated May 21, 2014, and the Impact Analysis Statement dated June 20, 2014. 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. General The submission fee for this application would total $10,242.00, based upon acreage of 2.42 acres. Land Use 1) The 2030 Comprehensive Plan Long Range Land Use Plan provides guidance on the future development of the property. The property is located within the UDA and SWSA. The 2030 Comprehensive Plan identifies the general area surrounding this property with a commercial land use designation. In general, the proposed commercial land use designation for this property is consistent with this land use designation of the Comprehensive Plan. However, the existing land use in this area is neighborhood commercial in character. Immediately to the east of this property is an existing residential neighborhood. The existing character of the land use is a consideration when evaluating this proposed rezoning. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 i 0 0 CB Ventures, LLC Commercial Rezoning Comments August 22, 2014 Page 2 The intent of this district (131 Neighborhood Business District) is to provide small business areas to serve the daily household needs of siUTounding residential neighborhoods. Use's alloli,ed prunoi- ly consist of limited retailing and personal service uses. Business uses in this district should be small in size and should not produce substantial vehicle traffic in excess of lvhot is usual in the residential neighborhoods. 2) The subject properties have frontage on and access to Route 647, Aylor Road. Aylor Road is identified as a major collector road in the County's Eastern Road Plan. The rezoning application should fully address this road project as designed by VDOT in the most recent improvement plans for this project. In particular, the right-of-way needs of the project. Any improvements associated with the development of the site within the future road right-of-way should be consistent with those identified in the plans and to the satisfaction of VDOT. Impact Analysis and Proffer Statement Please address the following items from the Impact Analysis and Proffer Statements prepared for this Application. The following comments have been provided in conjunction with John Bishop, County Transportation Planner. 1) The application does not address the potential impacts associated with the change from B 1 (Neighborhood Commercial) District to B2 (General Commercial) District on the adjacent residential land uses. 2) The Impact Analysis states that this site will negatively impact Police Protection, Fire and Rescue Protection, Water and Sewer Usage, and Solid Waste Disposal. The capital needs associated with these impacts have not been quantified and have not been addressed by way of mitigation other than to say that there may be a potential increase in tax revenue and fees from this development. Please quantify and address the impacts. 3) The Traffic portion of the Impact Analysis states that the potential development square footages established for each zoning district in the Zoning Code are grossly overstated (131-13,068, 132-21,361). Please clarify if the numbers used to make your conclusions are those established by the County, or your own estimate. 4) Transportation Improvements to Avlor Road and Route 277, Fairfax Pike, are plarmed on the VDOT Six -Year Improvement Plan. Therefore, at this time it is not anticipated that this project constructs improvements to Aylor Road, rather, dedicates appropriate right-of-way, designs access to this site that is consistent with those improvements anticipated with the VDOT Six -Year Plan Project, and provides some contribution to transportation Improvements resulting from the impacts of this new development; further, that the value of any contribution has a nexus to the development project and its impacts. CJ CB Ventures, LLC Commercial Rezoning Comments August 22, 2014 Page 3 5) Proffer 1 is redundant as B2 land uses are obviously those that the property will be developed with under a B2 rezoning. Should you desire to prohibit certain B2 uses this would be the appropriate location to do so. 6) Proffer 2 is vague and provides no concrete commitment to address the transportation impacts and future road construction and right-of-way needs. Transportation improvements proffered should support the Aylor Road/277 project and should include appropriate triggers for completion and/or dedication. 7) The GDP shows improvements to the site that may be construed to be the scope of development and may, in the future, be in conflict with ordinance requirements. To provide the applicant with as much flexibility in the future development of the site, it is suggested that some of the site design details are removed, such as building footprints and buffer details, from the GDP. Features important to the rezoning, and those that exceed current ordinance requirements Should be depicted on the GDP. Such features should also reflect consistency with items described in the proffer statement. In conclusion, please ensure that the above comments, and those offered by the reviewing agencies are addressed. M'1R/dlw COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 TO: Ben Montgomery Montgomery Engineering Group, Inc. FROM: Michael T. Ruddy, AICP ✓��� Deputy Director RE: Rezoning Continents: CB Ventures, LLC Commercial - Aylor Road. DATE: August 22, 2014 The following comments are offered regarding the CB Ventures, LLC Commercial Rezoning Application. This is a request to rezone 2.42 acres from B 1 (Neighborhood Business) to B2 (Business General) with Proffers. The review is generally based upon the Proffer Statement dated May 21, 2014, and the Impact Analysis Statement dated June 20, 2014. 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. General 1. The submission fee for this application would total $10,242.00, based upon acreage of 2.42 acres. Land Use 1) The 2030 Comprehensive Plan Long Range Land Use Plan provides guidance on the future development of the property. The property is located within the UDA and SWSA. The 2030 Comprehensive Plan identifies the general area surrounding this property with a commercial land use designation. In general, the proposed commercial land use designation for this property is consistent with this land use designation of the Comprehensive Plan. However, the existing land use in this area is neighborhood commercial in character. Immediately to the east of this property is an existing residential neighborhood. The existing character of the land use is a consideration when evaluating this proposed rezoning. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 CB Ventures, LLC Commercial Rezoning Comments August 22, 2014 Page 2 The intent of this district (BI Neighborhood Business District) is to provide small business areas to serve the daily household needs of surrounding residential neighborhoods. Uses allowed primarily consist of limited retailing and personal service uses. Business uses in this district should be small in size and should not produce substantial vehicle traffic in excess of what is usual in the residential neighborhoods. 2) The subject properties have frontage on and access to Route 647, Aylor Road. Aylor Road is identified as a major collector road in the County's Eastern Road Plan. The rezoning application should fully address this road project as designed by VDOT in the most recent improvement plans for this project. In particular, the right-of-way needs of the project. Any improvements associated with the development of the site within the future road right-of-way should be consistent with those identified in the plans and to the satisfaction of VDOT. Impact Analysis and Proffer Statement Please address the following items from the Impact Analysis and Proffer Statements prepared for this Application. Tine following comments have been provided in conjunction with John Bishop, County Transportation Planner. 1) The application does not address the potential impacts associated with the change from B 1 (Neighborhood Commercial) District to B2 (General Commercial) District on the adjacent residential land uses. 2) The Impact Analysis states that this site will negatively impact Police Protection, Fire and Rescue Protection, Water and Sewer Usage, and Solid Waste Disposal. The capital needs associated with these impacts have not been quantified and have not been addressed by way of mitigation other than to say that there may be a potential increase in tax revenue and fees from this development. Please quantify and address the impacts. 3) The Traffic portion of the Impact Analysis states that the potential development square footages established for each zoning district in the Zoning Code are grossly overstated (B1-13,068, 132-21,361). Please clarify if the numbers used to make your conclusions are those established by the County, or your own estimate. 4) Transportation improvements to Aylor Road and Route 277, Fairfax Pike, are planned on the VDOT Six -Year Improvement Plan. Therefore, at this time it is not anticipated that this project constructs improvements to Aylor Road, rather, dedicates appropriate right-of-way, designs access to this site that is consistent with those improvements anticipated with the VDOT Six -Year Plan Project, and provides some contribution to transportation improvements resulting from the impacts of this new development; further, that the value of any contribution has a nexus to the development project and its impacts. 0 0 CB Ventures, LLC Commercial Rezoning Comments August 22, 2014 Page 3 5) Proffer 1 is redundant as B2 land uses are obviously those that the property will be developed with under a B2 rezoning. Should you desire to prohibit certain B2 uses this would be the appropriate location to do so. 6) Proffer 2 is vague and provides no concrete commitment to address the transportation impacts and future road Construction and right-of-way needs. Transportation improvements proffered should support the Aylor Road/277 project and should include appropriate triggers for completion and/or dedication. 7) The GDP shows improvements to the site that may be construed to be the scope of development and may, in the future, be in conflict with ordinance requirements. To provide the applicant with as much flexibility in the fixture development of the site, it is suggested that some of the site design details are removed, such as building footprints and buffer details, from the GDP. Features important to the rezoning, and those that exceed current ordinance requirements should be depicted on the GDP. Such features should also reflect consistency with items described in the proffer statement. In conclusion, please ensure that the above Comments, and those offered by the reviewing agencies are addressed. MTR/dlw y PROPOSED PROFFER STATEMENT REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): RZ# B1 to B2 2.42 acres Tax Map Parcel 74-((A))-104 & 105 CB Ventures, LLC. Montgomery Engineering Group, Inc. CB Ventures, LLC — Aylor Road May 21, 2014 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, 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 B2 rezoning is not granted as applied for by the applicant ("Applicant"), 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 Applicant 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. 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. Any proffered conditions that would prevent the Applicant from conforming to State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in • these proffers, the "Generalized Development Plan", shall refer to the plan entitled "CB Ventures, LLC — Aylor Road" dated February 23, 2014 revised May 13, 2014 (the "GDP") and is included in this proffer. 1. Land Use a) The Property shall be developed with B2 land uses. 2. Site Development a) Property access shall be via entrances shown on GDP from Aylor Road. The Right of Way for future Aylor Road Realignment shown on GDP shall be conveyed for development of said road. This property shall not be conveyed should development not occur. 3. Lim a) All lighting shall be building mounted wall packs or on poles no higher than 20'. Lighting shall be downcast or shielded down to prevent intrusion of light on the adjoining property. Respectfu"ubmitted, COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: SA, Theforegoing instrument was acknowledged before me this day of (`(' , 2014, by (�, , J,, \ nh A C NOTAR"( PUBLIC My commission expires: Commission number: 13 Ci 3 DAWN PUGH FRYE NOTARY PUBLIC 138923 •� 1�:.' MY COMMISSION COMMONWEALTH OF VIRGINIA EXPIRES AUGUST 31, 2015 • • Rezoning Comments Frederick County Deputy Director of Planning - Transportation Mail to: Hand deliver to: -; Frederick County Planning Frederick County Planning John Bishop, Deputy Director John Bishop, Deputy Director Planning — Transportation Planning — Transportation 107 North Kent Street North Building, 2nd Floor Winchester, Virginia 22601 107 Nortli Kent Street (540) 665-5651 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Deputy Director of Planning — Transportation with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Nanie: Montgomery Engineering Group, Inc. MailiIlg Address: 132 Saddleback Lane Winchester, VA 22602 ben@MEGinc.biz LocatioIl of property: 1033 Aylor Rd. Stephens City, VA 22655 (TM #74 - ((A)) - 104 & 105) Current zoning: B1 Zoning requested: B2 Tel eph one: 540-974-7362 Acreage: 2_42 Frederick County Deputy Director of Planning — Transportation Comments: Frederick County Deputy Director of Planning — Transportation Signature & Date: Notice to Frederick County Deputy Director of Planning — Transportation - Please Return Form to Applicant 35 Rezoning Comments Frederick County Department of Planning & Development Mail to: Fred. Co. Dept. of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 Hand deliver to: Fred. Co. Dept. of Planning & Development North Building, 2nd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Planning with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Montgomery Engineering Group, Inc. MailiIlg Address: 132 Saddleback Lane Winchester, VA 22602 ben@MEGinc.biz Location of property: 1033 Aylor Rd. Stephens City, VA 22655 (TM #74 - ((A)) - 104 & 105) CUITent Zoning: B1 Zoning requested: B2 Telephone: 540-974-7382 Acreage: 2.42 Frederick County Department of Planning & Development Comments: Signature & Date: Notice to Planning Department - Please Return Form to Applicant 34 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning SiaJf Zoning Amendment Number. PC Hearing Date Fee Amount Paid $ Date Received _ BOS Hearing Date_ The following information shall be provided by the applicant: � aWR � JUN. 2 0 2014 3EDERICK OUNTY ING AND D VELOPMENT All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Natne: Montgomery Engineering Group, Inc. Telephone: 540-974-7382 Address: 132 Saddleback Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: CB Ventures, LLC Telephone: 540-313-5132 Address: 130 Hawthorne Dr. Winchester, VA 22601 3. Contact person if other than above: Name: Ben C. Montgomery Telephone: 540-974-7382 4. Property Information: a. PropertyIdentification Number(s): 74-((A))-104 & 74-((A))-105 b. Total acreage to be rezoned: 2.42 Acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 2.42 Acres d. Current zoning designation(s) and acreage(s) in each designation: B1 C. f Proposed zoning designation(s) and acreage(s) in each designation: B2 Magisterial District(s): Opequon Magisterial District 12 • 5. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat ✓ t_ Fees _i ✓ Deed to property ✓ Impact Analysis Statement _I ✓ �_ Verification of taxes paid _ ✓ Proffer Statement _I ✓ I_ Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf's) of all submitted documents, maps and exhibits _i ✓ G. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Edward Browning Randolph Craun 7. Adjoining Property: PARCEL ID NUMBER USE ZONING See complete List below 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Property is located on Aylor Road Route 647 approximately 0.25 miles north of Fairfax Pike. 13 • • 9. The following information should be provided according to the type of rezoning proposed: Single Family homes: Non -Residential Lots: Office: Retail: Restaurant: Commercial: 10. Signature: Number of Units Proposed Townhome: Mobile Home: Multi -Family: Hotel Rooms: Square Footage of Proposed Uses Service Station: Manufacturing: Wareliouse: Other: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) liereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): E Date: Date: Date: Date: ;ADJOINING PROPERTY OWNI11 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 Conunissioner of the Revenue is located on the 2ndfloor oJ'the I'rederick County Administrative Building, 107 North Kent Sit -eel. Name and Property Identification Number F Address Name Garrett Ent. Ltd 1841 W. Plaza Dr. Winchester, VA 22601 Property #85-4-1 Name Winchester Medical Center 1840 Amherst St. Winchester, VA 22601 Property #85-4-2 Name Winchester Medical Center 1840 Amherst St. Winchester, VA 22601 Property # 85-4-3 Name Ronald A & Sandra N Mitchell 112 Downing Cir Stephens City, VA 22655 Property #7413-7-2-31 Name Ulysses & Dorthy C Carriker 110 Downing Cir Stephens City, VA 22655 Property #74B-7-2-30 Name Roger A & Cynthia J Layman 1215 Marlboro Rd. Stephens City, VA 22655 Property #74B-7-2-29 Name Kevin R & Stacey E Chapman 106 Downing Cir Stephens City, VA 22655 Property #74B-7-2-28 Name Karen M Pawlak 104 Downing Cir Stephens City, VA 22655 Property 474B-7-2-27 Name Marshall Conner 100 Downing Cir Stephens City, VA 22655 Property #74B-7-2-26 • • Name and Property Identification Number Address Name William L Stiebel 1110 Breckinridge Lane Winchester, VA22601 Property #74B-5-1 -D Name Property # Name Property # Name Property !I Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 16 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: wwNv.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Naive) CB Ventures, LLC (Address) 130 Hawthorne Dr., Winchester, VA 22601 (Phone) 540-313-5132 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 4754 & 4757 on Page Parcel: 75A Lot: 1048105 Block: Section do hereby make, constitute and appoint: (Natrie) Ben C. Montgomery and is described as Subdivision: (Phone) 540-974-7362 (Address) 132 Saddleback Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: _Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization sliall pire one year fi-om the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I e) gave her to et ur) hand and seal this day of _ , 20-4, Signature(s) State of Virginia, City/County of d c�z� ��� , To -wit: 1, �; , A^ P �P ,e_ , a Notary Public in and for the jurisdiction certify that the person(s) who signed to the foregoing instrument personally appeared before m acknowledged the same before me in the jurisdiction aforesaid this D-� day of d0Q� , 20 1 V 1 �J ntssion xppires: ot y PublicDAWN PUGHFRYE NOTARY PUBUC 138923 rnMMONWEALTH OF VIRGINIA aforesaid, and has MY COMMISSION EXPIRES AUGUST 31, 2015 v aau uvu i aabv • PrcdariA Ilomt Frederick C011llty V I I gi n i a LIU IT nlr T')r Pay/Lookup Taxes Notc. lJw the pnnl keN for \uur hru,sticr to mint (t arpc of the -1-1 sl eun time Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Previous 2013 REAL ESTATE DepUricketll [RE2013 / 397090002 -] Frequency �2- I Supplement/! 10 Name �CB VENTURES LLC j Mapes [74 A 104 I Accounlll 123451 — - _ Name 2 Bill Date 04/12/2013 Acreage 0.980 ----- ------------------ Address BOX 127081740 Due Dale 12/05/2013 Improvements S253,500.00 Dcsc LOT E SCITY Land Value S275,200.00 ISIOUX FALLS SD [98 ACRE I Land Use $0.00 - Zip 57186 _ -.. _ _ _ ---- _-_ -� Minerals S0.00 Penalty Paid So.00 Interest Paid $0.00 Last Transaction Date 112/10/2013 ('urrent Pa�numl statuti Oril)nal Bill Payments Principle Balance Ikte Penalty Interest Balance Due S1,546.45 (S1,546.45) $0.00 So.00 S0.00 S0.00 Tr:unactiun Ilistur.' llate Type Transactionll Amount Balance 4/12/2013 Chargc 0 S1,546.45 S1,546.45 12'9/2013 Principle Paid 13977 ($1,546,45) $0.00 Previous .----`r'-----/rlr-r>-.._:1 ----- crIrlr(1A14 v uauavu a ubv • 0 Frederick Ilnme Frederick COUIIty V irgiitia L.I-Enrr)tt:r,9P Pay/Lookup "faxes Note IJ,e the pint l.cy for your hnns w, to print n cup%of the wIcco a any nIII c Payment Home Personal Property Real Estate Dog Tags Pay Paving Violation Other Payments ShoppingCan(0) Pin Options Change Email Beal Estate Ticket Detail PI.vI. US 2013 REAL ESTATE De,pt/1'icketl1 rRE2013 / 82430002 Fre(ptency �2-) Supplement// Name�B VENTURES LLC Mapll [74 A 105 _ AccounllJ L23452 - _ _ -- — - - — Name 2 - - j Bill Ditty 04/12/2013- Acreage 1.440 Address iBOX 127081740 Due Dale 12/OS/2013 Improvements $0.00 Desc ILOT E STEPHENS CITY Land Value S575A00.00 SIOUX FALLS SD 11_44 ACRES , Land Use $0.00 Zip 57186 - - -- -� Minerals $0.00 penalty Paid S000 Interest paid S0.00 Last'hrulsaclion Dale 12/10/2013 Current Pa,tnettt Status Original Bill Payments Principle Balance Due Penally Interest Balance Due S1,68304 ($1,68304) S0.00 $0.00 S0.00 $0.00 'Transaction Ilistur.' Date Type 7'rnnsactlonl1 Amount Balance 4/12/2013 Charge 0 $1,683.04 S1,683.04 129/2013 Prineiple Paid 13977 ($1,683.04) $0.00 Prevlous t-a..--.rr.--- -- -- 'r---t-..:-t------- r-.-.-1:--a:-.--/mn ''--- --/n"r -a-:1 -- crinrnnl n Easy Barbecued Ribs 0 40 Page 19 of 50 WOWI Thanks, I cannot wait to make this recipe. I've always slow cooked in the oven for hours, then in a smoker then on the grill... can't leave the house with the oven on ... Crock Pot ribs... GENIUS! I'll make them this weekend, and go shopping while they slow cook away. REPLY E:= a Anonymous says: <�7 January 19, 2012 at 9.38 pm I thought the broiler time was a Tittle too long. Mine came out quite crisp and 1 didn't leave the meat side in longer than 4 minutes. REPLY S-a[�� Anonymous says: ° j17 January 22, 2012 at 4 56 pin These were delicious! My husband was so suprised that I could make ribs that tasted s0000 good. My two year old that doesn't eat anything ate threel Thanks for sharing this recipe! REPLY 11'0> Anonymous says: t� January 24, 2012 at 1.15 am This was deliciouslll! I doctored the recipe a little bit because my family likes SUPER scpicy everything ..... but these were SOOOOO good and the last step is REALLY a must! Thank you so much for this wonderful recipel I will now have to try all your recipesllll EEL Y �(Ku Anonymous says: January 25, 2012 at 5 56 am I'm going to try using beef ribs. I'll let you know how it comes out. REPLYI G3t Heather N says: t January 25, 2012 at 3.56 pm Please del I haven't tried them yet this way and folks have asked t CEPLY tE"k7i Mara says: 1V January 25, 2012 at 6 53 pm `burp" Oh, pardon mel But, they were DEELISHI REPLY t: > Heather N says: •° y- January 25, 2012 al 7 36 pm Awesomel (You're excused n ) REPLY t�i`�r Cattle Chay says: IJ January 27, 2012 at 12 23 am Made these today. My hubby kept trying to sneak a bite when I wasn't looking. I decided to finish them on the grill. I am always looking for an opportunity to take the grill cover off. However, I basted the bottom part and cooked them, then turned them over to baste the http://mmmisformommy.com/2011/09/easy-barbecued-ribs.html 5/21/2014 9 !i MONTGOMERY Sligillerrilig gaup, f/fe. Impact Analysis Statement CB Ventures, LLC — Aylor Road Tax Map #75-((A))-104 & 105 4 MOWWMERY U Lic. No. 0402 W0342� �o ��''• w SS10NA1.�oG•; . Owner: CB Ventures, LLC. 130 Hawthorne Dr. Winchester, VA 22601 Applicant: Montgomery Engr. Group, Inc. 132 Saddleback Lane Winchester, VA 22602 (540) 974-7382 ben@MEGinc.biz Property: Tax Map #75-((A))-104 & 105 1033 Aylor Road, Stephens City, VA 22655 Zoning: Present B1 Proposed B2 A. Suitability of the Site The site is located on Aylor Road approximately 0.25 miles north of Fairfax Pike in Frederick County, VA. The present use of lot 104 is a car wash and lot 105 is vacant. The total acreage is 2.42 acres. There are no known site hazards. Access to the site is currently from two entrances off Aylor Road for each lot or a total number of 4 entrances. The total current frontage is 392.57 feet. The site and location make it suitable for a wide variety of uses. By rezoning to B2, a much larger pool of uses is allowed therefore making the property more marketable. B. Surrounding Properties The property to the north is zoned B1 and presently being used as a Dentist Office. The property to the south is zoned B1 and presently being used as duplex office housing an Orthodontist and a Stock Broker. The property to the east is zoned RP and is being used as single family residential. Aylor Road and 1-81 border the property on the west. The nearest residence is approximately 75' from the property line. The site shall be fully screened per category B on the east side. The 25' inactive portion of the buffer shall be screened with landscaping and 6' fence per code.' • 0 C. Traffic — Traffic Impact Analysis Rezoning proposal does not substantially affect transportation on the state- controlled highway. Background The site is located on Aylor Road approximately 0.25 miles north of Fairfax Pike in Frederick County, VA. The present use of lot 104 is a car wash and lot 105 is vacant. The total acreage is 2.42 acres. Access to the site is currently from two entrances off Aylor Road for each lot or a total number of 4 entrances. The total current frontage is 392.57 feet. The proposed rezoning less the proffered road right of way for the realignment of Aylor Road reduces the site area to 1.90 acres with two entrances proposed. This analysis assumes Aylor Road will be realigned per VDOT diagrams. The existing and proposed area is shown in the attached drawing. This drawing depicts the realignment of Aylor Road and the proffered right of way. The bicycle trail currently on Aylor Road is also shown and extended. The site is located in a flat and reasonably straight area of Aylor Road. Site distances are greater than 500 feet. The current speed limit is 40 mph. Roads affected by this rezoning are Aylor Road and Fairfax Pike. Analysis of Existing Conditions Aylor Road currently runs in front of the two lots and connects with Tasker Road to the north. This intersection is 2 miles away. Aylor Roads connects with Fairfax Pike 0.25 miles away to the south. Aylor Road serves several major residential areas. In the area of the lots house two fast food restaurants, a gas station and several medical office buildings. Current traffic counts are approximately 5,700 AADT and approximate peak hour of 500 vehicles per hour. Fairfax Pike has an approximate AADT of 10,000 and approximate peak hour of 900 vehicles per hour. 99% of the vehicles on Aylor Road are 4 tired and 91 % on Fairfax Pike are 4 tired. The existing car wash per ITE is approximately 75 vehicles per hour during daily peak hour. Proposed Trip Generations Per Frederick County Zoning Code, usage density is to be calculated at set square footages per acre. B1 uses 13,068 square feet / acre and B2 uses 0 0 21,361 square feet / acre of retail space. Using these factors and the ITE Trip Generation manual the following has been calculated. Current Zoning B1 2.42 acres x 13,068 sq ft/ac = 31.625 sq ft of retail space The average weekday rate is 44.32 vehicles per day per 1000 square foot or 1400 vpd. The maximum peak hour rate is 6.84 vehicles per hour per 1000 square foot or 215 vph. Proposed Zoning B2 1.90 acres x 21,361 sq ft/ac = 40,494 sq ft of retail space Using the same rates as above — 1800 vpd and max hour of 275 vph. Using the actual usable area of the lots considering set backs, buffers and parking requirements, these square footages are grossly overstated. Usable area of B1 is closer to 10, 000 sq ft or 450 vpd and peak hour of 70 vph. Usable area of B2 would be 16,000 sp ft or 700 vpd and peak hour of 110 vph. Based on these calculations, a reasonable estimate of the traffic increase from 131 to B2 would be 30%. Conclusion Developing the property fully using B1 zoning and density would be handled by the current Aylor Road configuration. Rezoning to B2 and fully developing using the reconfigured Aylor Road would more than account for the 30% increase in traffic potential created. This increase is mitigated by the proffered right of way for this new roadway. D. Sewage Conveyance and Treatment The site is currently served by FCSA with an 8" sewer main. The lot 104 presently has a self service and automatic car wash. It is unknown at this time if the carwash shall remain. The sewer effluent difference for most land uses is minimal between B1 and B2 Zonings with the exception of a Hotel. Sewer main runs at front of property and south. Present Car Wash connection is in the front. Based on our preliminary studies there is adequate sewer services in place to handle all potential land uses. Any impacts due to increases in sewer effluent will be offset by the reciprocal increase in water / sewer fees generated. E. Water Supply 0 0 The site is currently served by FCSA with an 8" water main that runs across the front of the property. The lot 104 presently has a self service and automatic car wash. It is unknown at this time if the carwash shall remain. The water use difference for most land uses is minimal between B1 and B2 Zonings with the exception of a Hotel. Based on our preliminary studies there is adequate water service in place to handle all potential land uses and fire protection. Any impacts due to increases in water usage will be offset by the reciprocal increase in water / sewer fees generated. F. Drainage The site presently drains to the south and North. Future development will require both retention facilities and BMS utilization. No changes in drainage patterns should be required. G. Solid Waste Disposal Facilities The prospect for additional solid waste is likely. Enclosed dumpster locations shall be required and planned as a part of the site planning process. Increases in tax revenue will more than account for this burden. H. Historic Sites and Structures The site has no historical significance. I. Impact on Community Facilities By developing this site, the counties tax base will increase with only minimal service requirements. The potential increase in tax revenue from this project is between $15,000 and $20,000 per year. Additional revenues shall be produced for water / sewer usage. This site will negatively impact Police Protection, Fire and Rescue Protection, Water & Sewer usage, and Solid Waste Disposal. The site will be approved by the Fire Marshal and Building and Inspections department to lower fire risk. On site fire hydrant(s) shall be installed. Proper lighting shall be required for safety. J. Other Impacts None. 7MONTGOMERY sligiffeedlig �roup" ,Inc. Impact Analysis Statement CB Ventures, LLC — Aylor Road Tax Map #75-((A))-104 & 105 ALrr� o- BENJAMIN GNARLES �— :� MONTGOMEfly z Lic, No, O / 0402 030342 4 ,� j NAL 0 • Owner: CB Ventures, LLC. 130 Hawthorne Dr. Winchester, VA 22601 Applicant: Montgomery Engr. Group, Inc. 132 Saddleback Lane Winchester, VA 22602 (540) 974-7382 ben@MEGinc.biz Property: Tax Map #75-((A))-104 & 105 1033 Aylor Road, Stephens City, VA 22655 Zoning: Present B1 Proposed B2 A. Suitability of the Site The site is located on Aylor Road approximately 0.25 miles north of Fairfax Pike in Frederick County, VA. The present use of lot 104 is a car wash and lot 105 is vacant. The total acreage is 2.42 acres. There are no known site hazards. Access to the site is currently from two entrances off Aylor Road for each lot or a total number of 4 entrances. The total current frontage is 392.57 feet. The site and location make it suitable for a wide variety of uses. By rezoning to B2, a much larger pool of uses is allowed therefore making the property more marketable. B. Surrounding Properties The property to the north is zoned B1 and presently being used as a Dentist Office. The property to the south is zoned B1 and presently being used as duplex office housing an Orthodontist and a Stock Broker. The property to the east is zoned RP and is being used as single family residential. Aylor Road and 1-81 border the property on the west. The nearest residence is approximately 75' from the property line. The site shall be fully screened per category B on the east side. The 25' inactive portion of the buffer shall be screened with landscaping and 6' fence per code. 0 • C. Traffic — Traffic Impact Analysis Rezoning proposal does not substantially affect transportation on the state- controlled highway. Background The site is located on Aylor Road approximately 0.25 miles north of Fairfax Pike in Frederick County, VA. The present use of lot 104 is a car wash and lot 105 is vacant. The total acreage is 2.42 acres. Access to the site is currently from two entrances off Aylor Road for each lot or a total number of 4 entrances. The total current frontage is 392.57 feet. The proposed rezoning less the proffered road right of way for the realignment of Aylor Road reduces the site area to 1.90 acres with two entrances proposed. This analysis assumes Aylor Road will be realigned per VDOT diagrams. The existing and proposed area is shown in the attached drawing. This drawing depicts the realignment of Aylor Road and the proffered right of way. The bicycle trail currently on Aylor Road is also shown and extended. The site is located in a flat and reasonably straight area of Aylor Road. Site distances are greater than 500 feet. The current speed limit is 40 mph. Roads affected by this rezoning are Aylor Road and Fairfax Pike. Analysis of Existing Conditions Aylor Road currently runs in front of the two lots and connects with Tasker Road to the north. This intersection is 2 miles away. Aylor Roads connects with Fairfax Pike 0.25 miles away to the south. Aylor Road serves several major residential areas. In the area of the lots house two fast food restaurants, a gas station and several medical office buildings. Current traffic counts are approximately 5,700 AADT and approximate peak hour of 500 vehicles per hour. Fairfax Pike has an approximate AADT of 10,000 and approximate peak hour of 900 vehicles per hour. 99% of the vehicles on Aylor Road are 4 tired and 91 % on Fairfax Pike are 4 tired. The existing car wash per ITE is approximately 75 vehicles per hour during daily peak hour. Proposed Trip Generations Per Frederick County Zoning Code, usage density is to be calculated at set square footages per acre. B1 uses 13,068 square feet / acre and B2 uses 0 r� 21,361 square feet / acre of retail space. Using these factors and the ITE Trip Generation manual the following has been calculated. Current Zoning B1 2.42 acres x 13,068 sq ft/ac = 31.625 sq ft of retail space The average weekday rate is 44.32 vehicles per day per 1000 square foot or 1400 vpd. The maximum peak hour rate is 6.84 vehicles per hour per 1000 square foot or 215 vph. Proposed Zoning B2 1.90 acres x 21,361 sq ft/ac = 40,494 sq ft of retail space Using the same rates as above — 1800 vpd and max hour of 275 vph. Using the actual usable area of the lots considering set backs, buffers and parking requirements, these square footages are grossly overstated. Usable area of B1 is closer to 10, 000 sq ft or 450 vpd and peak hour of 70 vph. Usable area of B2 would be 16,000 sp ft or 700 vpd and peak hour of 110 vph. Based on these calculations, a reasonable estimate of the traffic increase from B1 to B2 would be 30%. Conclusion Developing the property fully using B1 zoning and density would be handled by the current Aylor Road configuration. Rezoning to B2 and fully developing using the reconfigured Aylor Road would more than account for the 30% increase in traffic potential created. This increase is mitigated by the proffered right of way for this new roadway. D. Sewage Conveyance and Treatment The site is currently served by FCSA with an 8" sewer main. The lot 104 presently has a self service and automatic car wash. It is unknown at this time if the carwash shall remain. The sewer effluent difference for most land uses is minimal between B1 and B2 Zonings with the exception of a Hotel. Sewer main runs at front of property and south. Present Car Wash connection is in the front. Based on our preliminary studies there is adequate sewer services in place to handle all potential land uses. Any impacts due to increases in sewer effluent will be offset by the reciprocal increase in water / sewer fees generated. E. Water Supply The site is currently served by FCSA with an 8" water main that runs across the front of the property. The lot 104 presently has a self service and automatic car wash. It is unknown at this time if the carwash shall remain. The water use difference for most land uses is minimal between B1 and B2 Zonings with the exception of a Hotel. Based on our preliminary studies there is adequate water service in place to handle all potential land uses and fire protection. Any impacts due to increases in water usage will be offset by the reciprocal increase in water / sewer fees generated. F. Drainage The site presently drains to the south and North. Future development will require both retention facilities and BMS utilization. No changes in drainage patterns should be required. G. Solid Waste Disposal Facilities The prospect for additional solid waste is likely. Enclosed dumpster locations shall be required and planned as a part of the site planning process. Increases in tax revenue will more than account for this burden. H. Historic Sites and Structures The site has no historical significance. I. Impact on Community Facilities By developing this site, the counties tax base will increase with only minimal service requirements. The potential increase in tax revenue from this project is between $15,000 and $20,000 per year. Additional revenues shall be produced for water / sewer usage. This site will negatively impact Police Protection, Fire and Rescue Protection, Water & Sewer usage, and Solid Waste Disposal. The site will be approved by the Fire Marshal and Building and Inspections department to lower fire risk. On site fire hydrant(s) shall be installed. Proper lighting shall be required for safety. J. Other Impacts None. B-1 ALLOWED USES: FOOD STORES APPAREL AND ACESSORY STORES DRUGSTORES MISCELLANEOUS SHOPPING GOODS STORES FINANCE, INSURANCE AND REAL ESTATE OFFICES CAR VVASly-IES FUNERAL HOMES AND CREMATORIES MEDICAL OFFICES CHILD DAY CARE FACILITES CIVIC, SOCIAL AND FARATERNAL ORGINIZTIONS PUBLIC BUILDINGS BUSINESS SIGNS PARKS CI-IURCI=IES RESTAURANTS ART DEALERS, ART SUPPLIES, AND ART FRAMING TOACCO STORES ACCOUNTING, AUDITING AND BOOKEEPING SERVICES HEALTH CLUBS NO LARGER THAN 1_0,000 SFG B-2 PROFFERED USES: COMMUNICATION FACILITIES AND OFFICES — INCLUDING TELEPHONE, CAR WASHES TELEGRAPH, RADIO, TELEVISION, AND OTHER COMMNICATIONS PAINT, GLASS AND WALLPAPER STORE HARDWARE STORE RETAIL NURSERIES AND LAWN AND GARDEN SUPPLY GENERAL MERCHANDISE STORE APPAREL AND ACCESORY STORES HOME FURNITURE, FURNISHING AND EQUIPMENT STORES RES T AURAN_d.S (NO DRIVE THRU RESTAURANTS) FINANCE, INSURANCE AND DEAL ESTATE OFFICES 0 0 HOTEL Ot MOTEL HEALTH SERVICES LEGAL SERVICES CHILD DAY CARE FACILITIES MEMBERSHIP ORGANIZATIONS ENGINEERING, ACCOUNTING, RESEARCH, MANAGEMENT GENERAL BUSINESS OFFICE PUBLIC BUILDINGS BUSINESS SIGNS PARKS C1IURCIIES LIBRARIES ELECTRICAL SUPPLIES HARDWARE AND PLUMBING AND HEATING EQUIPMENT Rym PM I - VDOT Virginia Department A • Xof Transportation f 4+ii •w. 1 F9 � ,..r.. t � NI F 9 ft- it Awl_/- '. `• y t T • •M� 'fag ` .. 0 • REZONING APPLICATION 805-14 CB VENTURES, LLC Staff Report for the Board of Sllpel"vlsors Prepared: May 7, 2015. Staff Contact: Michael T. Ruddy, AICP, Deputy Director Reviewed Planning Commission: 01/07/15 Planning Commission: 02/18/15 Board of Supervisors: 03/11/15 05/13/15 Action Public Hearing Held; Action Tabled for 45 days Denied Public Hearing Held; Action Tabled for 60 days Pending PROPOSAL: To rezone 2.42 acres from the 131 (Neighborhood Business) District to 132 (General Business) District with proffers. LOCATION: The property is located at 1033 Aylor Road in Stephens City. BOARD OF SUPERVISORS UPDATE FOR THE 05/13/1.5 MEETING: The Board of Supervisors at their 03/11/15 meeting tabled this request for 60 days to allow the Applicant the opportunity to meet with the neighboring property owners and the opportunity to adjust their rezoning request further. A copy of the Board's minutes has been attached for your information. On May 6, 2015 the Applicant provided Staff with an updated Proffer Statement (revision date May 1, 2015). This Proffer Statement had one modification; Proffer 5. Allowed Building Height. The Applicant has eliminated the maximum building height allowance for office buildings and hotels/motels of 50 feet. The proffer now states that the maximum building height allowed for all B2 uses sliall be 35 feet. PLANNING COMMISSION RECOMMENDATION AND EXECUTIVE SUMMARY FOR THE 03/11/15 BOARD OF SUPERVISORS MEETING: The Planning Commission recommended denial of this rezoning request, an application to rezone a total of 2.42 acres of land from the I31 (Neighborhood Iusiness) District to the B2 (General Business) District with proffers, to accommodate commercial uses. Planning Commission members stated their belief that the 132 (General Business) District uses were too intensive for this location and would have a detrimental impact to the adjacent residential neighborhood, in particular the existing residences immediately adjacent to the property. The Planning Commission expressed that the B2 District designation is more appropriate for larger commercial parcels such as in those areas planned for larger scale commercial development adjacent to Route 277, Fairfax Pike. Previously, the Planning Commission had tabled this request to give the Applicant the ability to address the concerns that were expressed by the Planning Commission and members of the public during the public hearing. In response to the Planning Commission's initial discussion of this rezoning request, the Applicant modified their proffer statement (Revision Date; February 5, 2015) to prohibit two uses; Rezoning 05-14 CB Ventures, LLC May 7, 2015 Page 2 Veterinary Offices and Gasoline Service Stations. In addition, a proffer addressing the allowed building height has been added. The maximum building height for office buildings and hotels/nlotels shall be fifty (50) feet. This is a reduction of ten (10) feet fi-om that which is currently permitted by the Frederick County Zoning Ordinance. The Applicant also provided an exhibit depicting the potential cross section and scale of the adjacent commercial and residential land uses. The B2 (General Business) District land use proposed in this rezoning is generally consistent with the commercial designation of the Southern Frederick Area Plan and the 2030 Comprehensive Plan. However, the existing neighborhood character of the adjacent land uses should be a consideration when evaluating this proposed rezoning. B 1 (Neighborhood Business) District scale commercial uses exist in this general location. The transportation impacts associated Nvith this ►-equest appear to have generally been addressed by the Applicant, subject to the approval of the County Attorney regarding right-of-way dedication proffer, Proffer 2 (provided). The community facility impacts associated with this request should be addressed to a greater extent. Tile adjacent properties are a consideration with this rezoning application. With this rezoning, the applicant has proffered height restrictions on site lighting to mitigate potential impacts to the adjacent residential properties. Initially, no additional site development standards were proffered. The Applicant subsequently proffered a height limitation of fifty (50) feet for hotels, motels, and office buildings. The Planning Commission ultimately determined that the neighborhood character of the area will be adversely impacted by this rezoning request. Following the required public hearing,, a decision regarding this, rezoning application by the Board of Supen,i.vors would be appropriate. The applicant should be prepared to adequately a&lress all concerns raised by the Board of'Supervisors. Rezoning 1105-14 CB Ventures, LLC May 7, 2015 Page 3 This report is prepared by the Frederick County Planning Staff to provide infoi-mation to the Planning Commission and the Board of Supervisors to assist their in nuking a decision on this application. It may also be useful to others interested in this Zoning matter. Unresolved issues concerning this application are noted by staff Where relevant throughout this staff report. Reviewed Action Planning Commission: 01/07/15 Public Hearing Held; Action Tabled for 45 clays Planning Commission: 02/18/15 Denied Board of Supervisors: 03/1 1/15 Public Hearing Held; Action Tabled for 60 days 05/13/15 Pending PROPOSAL: To rezone 2.42 acres from the 131 (Neighborhood Business) District to 132 (General Business) District with proffers. LOCATION: The property is located at 1033 Aylor Road in Stephens City. MAGISTERIAL DISTRICT: Opecluon PROPERTY ID NUMBERS: 74-((A))-104 and 74-((A))-105 PROPERTY ZONING: B1 (Neighborhood Business) District PRESENT USE: Car wash / vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B 1 (Neighborhood Business) Use: Commercial South: BI (Neighborhood Business) Use: Commercial Cast: RP (Residential Performance) Use: Residential West: Aylor Road/Interstate 81 Use: State Highway Town of Stephens City REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see attached email dated Augmyl 8, 2014, firom Lloyd Inge -am, I DOT. Fire Marshall: Plan approved Fire and Rescue: Plan approved Public Works Depai-tment: Recommend approval • Rezoning 1105-14 CB Ventures, LLC May 7, 2015 Page 4 Frederick Countv Sanitation Authority: Ple(ise .See atlachecl letter dated June 6, 2014, from Uwe i-heindel, Engineer -Director F CSA. Service Authority: No comments Frederick County Attorney: Proffer is in correct legal form (Please see atlachecl letter (kited December 4, 2014, front Rod id'lllimns, County Allorney, fbr initial colmnenls). Town of Stephens City: No issues PlaIlI inV & Zoning: I) Site History The original Frederick County zoning map (U.S.G.S. Stephens City Quadrangle) identifies the subject parcels as being zoned 13-1 (Neighborhood Business) District. The intent of this district is to provide small business areas to serve the daily household needs of surrounding residential neighborhoods. Uses allowed primarily consist of limited retailing and personal service uses. Business uses in this district should be small in size and should not produce substantial vehicle traffic in excess of what is usual in the residential neighborhoods. 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. Land Use. The 2030 Compreliensive Plan and the Southern Frederick Area Plan provide guidance on the future development of the property. The property is located within the UDA and SWSA. The 2030 Comprehensive Plan identifies the general area surrounding this property with a Business land use designation. hl general, the proposed commercial land use designation for this property is consistent with this land use designation of the Comprehensive Plan. Commercial land uses would include both B 1 Neighborhood Business and B2 General Business zoning designations. The existing land use in this area is neighborhood business in character. The existing character of the land use is a consideration when evaluating this proposed rezoning. Immediately to the east of this property is an existing residential neighborhood. The Plan recognizes the existing residential land uses. Care should be afforded to the transition between the business and residential land uses, both of which are located in this general area. Rezoning 1105- l4 CB Ventures, LLC May 7, 2015 Page 5 Site Access and Transportation. The subject properties have frontage on and access to Route 647, Aylor Road. Aylor Road is identified as a major collector road in the County's Eastern Road Plan. Transportation improvements to Route 277, Fairfax Pike, are planned On the VDOT Six -Year Improvement Plan. This project includes improvements to Aylor Road. A copy ofthis section of the VDOT plans has been attached to the package f n-.vour i»%rmation. Similar to other recent projects in the vicinity, It 1S not anticipated that this project CO1]Stl"LICtS improvements to Route 277 or Aylor Road at this time, rather, dedicates appropriate right-of-way, designs access to this site that is consistent with those improvements anticipated with the VDOT Six -Year Plan Project, and provides some contribution to transportation inlprovenlents resulting from the impacts ofthis new development; further, that the value of any contribUti011 has a nexus to the project and its impacts. The rezoning application should fully address this road project as designed by VDOT in the most recent improvement plans for this project. In particular, the right-of-way needs of the project. Any improvements associated with the development of the site within the future road right-of-way should be consistent with those identified in the plans and to the satisfaction of VDOT. The provision of two entrances is proposed. Given the anticipated design for Aylor Road, such an approach may Nvork in this location. The southernmost entrance appears to align with the ncsv and existing road configuration. 3) Site Suitability/Cnvironi>iieiit The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. 4) Potential Impacts The subject properties are currently zoned B I (Neighborhood Business) District. Therefore, the rezoning of these properties to the B2 (General Business) District will have the potential to generate additional impacts. However, it is recognized that the impacts associated may not be as significant as if this property was zoned RA (Rural Areas) District. As noted previously, immediately to the cast of this property is an existing residential neighborhood. Care should be afforded to the transition between the business and residential land uses that are both located in this general area. With the exception of addressing the potential lighting impacts by limiting the height of any lighting to twenty feet, the Applicant has not provided any additional means to minimize the potential impact associated with the more intensive commercial use of the property beyond the requirements of the Zoning Ordinance. It Rezoning 1105-14 CB Ventures, LLC May 77 2015 Page 6 sliould be noted that the height of certain commercial strucrul•es may increase to sixty feet fi-om the currently enabled thirty-five feet. With regards to the potential transportation impacts, at this time, the project has the intention of providing the right-of-way for the future improvements to Aylor Road. This should be unconditionally guaranteecl. Otherwise, the transportation impacts associated with this request would not be fully addressed. The additional trips would simply acid to the transportation issues in this area. The Applicants hnpact Analysis states that this site will negatively impact Police Protection, Fire and Rescue Protection, Water and Sewer Usage, and Solid Waste Disposal. The capital needs associated with these impacts have not been quantified and have not been addressed by way of mitigation other than to say that there may be a potential increase in tax revenue and fees from this development. 5) Proffer Statement — Dated May 13, 2014 and revised on November 19, 2014 A) Generalized Development Plan The Applicant has proffered a Generalized Development Plan. The Plan identifies the properties to be developed and recognizes the transportation and access related commitments made with this rezoning application; including the Aylor Road right-of- way dedication area and the two potential entrances to the site. B) Land Use The Applicant's proffer statement does not place any limitation on the amount or type of commercial development that may occur on the property. It is recognized that this is a rellitively small parcel, h0ivemr, the potential increase ill intensity of the use including the size of the structure should be considered. The Applicant has, in Proffer 3, addressed the potential impacts associated with site lighting by proffering that all lighting shall be no higher than 20'. C) Transportation The proffer statement supports the Route 277 Improvement Project as the Applicant has identified the correct area of right -of= way dedication consistent with the VDOT project along Aylor Road and described this in proffer 2, right-of-way dedication. In general, the trigger for conveying said right-of-way is acceptable. The proffer states that the right-of-way shall be conveyed within 90 clays of a written request from VDOT or the County. The final sentence of proffer 2 should be carefully evaluated as it contains a mechanism that removes the conveyance of the right-of-way. This would be problematic as the language is vague and the right-of-way is necessary. In addition, this would result in a rezoning application that in no way addresses the additional transportation impacts generated from the more intensive commercial use of the property. Rezoning 1105-14 CB Ventures, LLC May 7, 2015 Page 7 Recent rezoning applications in the vicinity of this project have also proffered a monetary contribution to transportation improvements in the County in an amount they believed was consistent with the transportation impacts of their project. D) Community Facilities This application does not include a proffer aimed at mitigating the community facility impacts of this request. The Applicant has stated that the additional tax revenue generated would address this. Recent rezoning applications in the vicinity of this project have also proffered a monetary contribution to offset the fire and rescue impacts of their project. Remised Prof%1' Statement (Revision Date; February S, 2015). The Applicant has 1110d1 fJL'[l tllell'1)1'Of fe,r Statement t0 prohibit two uses; 11eterina1 y Offices and Gasoline Service Stations. In addition, a prolfen' addressing the allowed building height has been added. The maxJnnim building height for office buildings and hotel.~/inotels shall be fifty (50) feet. This is a reduction of (IO).feet.fi-oln that which is currently permitted by the Zoning Ordinance. The C'onlnl j, Attorney has i-eviewed the revised prof fen' statement and it is in the proper legal STAFF CONCLUSIONS FOR THE 01/07/15 PLANNING COMMISSION MEETING: This is an application to rezone a total of 2.42 acres of land from the B 1 (Neigliborhood Business) District to the B2 (General Business) District with proffers, to accommodate commercial uses. The B2 (General Business) District land use proposed in this rezoning is generally consistent with the commercial designation of the Southern Frederick Area Plan and the 2030 Comprehensive Plan. However, the existing neighborhood character of the adjacent land uses should be a consideration when evaluating this proposed rezoning. The transportation impacts associated with this request appear to have generally been addressed by the Applicant, subject to the unequivocal approval of the County Attorney regarding right-of-way dedication proffer, Proffer 2. The community facility impacts associated with this request should be addressed to a greater extent. The adjacent properties should be a consideration with this rezoning application. With this rezoning, the applicant has proffered height restrictions on site lighting to mitigate potentials impacts to the adjacent residential properties. No additional site development standards leave been proffered. The Planning Commission should determine if the neighborlood claracter of the area will be adversely impacted. Rezoning 1105-14 CB Ventures, LLC May 7, 2015 Page 8 PLANNING COMMISSION SUNINJARY FROM THE 01/07/15 PLANNING COMMISSION IVIEETING: Two members of the public spoke during the public hearing; Mr. Chapman, and Mr. Carriker. Both expressed concerns regarding the application and the impact it would have on their residential properties. Commission members asked several questions regarding the details of this application and expressed concerns about the potential impacts of the application and the appropriateness of tlic request from a land use perspective. Commissioner Mohn noted the concern is there, in regards to lack of specificity on the intensity that could occur with this rezoning. He would like to see more in the application on building size and development. Mr. Mohn stated he would like to see something that projects a clearer view of what may be developed on this property. Commissioner Thomas made a motion to table this rezoning application for 45 clays. This motion was seconded by Commission Unger and unanimously passed. (Note: Commissioner Oates abstained from voting; Commissioncr Marston was absent from the meeting.) PLANNING COMMISSION SUMMARY FROM THE 02/18/15 PLANNING COMMISSION MEETING: Three members of the public spoke during the public comment portion of the Planning Commission meeting. The Applicant provided two exhibits for the Planning Commission's review. The first is a cross section which shows the proposed buffer location, the existing single and two story residential homes, and a potential hotel/off ce building. The second exhibit is a photograph that shows the existing property for which the rezoning is being requested and the residential land uses at the rear of the property. The Planning Commission voiced concerns with the height of a building on this property due to the current elevation of the land compared to the residential neighborhood located directly behind it. Planning Commission Members also expressed concern with the height of a building on the property and does not feel the exhibits provided adequately address this issue. The Planning Commission unanimously recommended denial of this rezoning request, an application to rezone a total of 2.42 acres of land from the B 1 (Neighborhood Business) District to the B2 (General Business) District with proffers, to accommodate commercial uses. 9 A Rezoning 1105-14 CB Ventures, LLC May 7, 2015 Page 9 Commission members stated their belief that the B2 (General Business) District uses were too intensive for this location and would have a detrimental impact to the adjacent residential neighborhood, in particular the existing residences immediately adjacent to the property. The Planning Commission expressed that the B2 District designation is more appropriate for larger commercial parcels such as in those areas planned for larger scale commercial development adjacent to ROLItc 277, Fairfax Pike. Followin)Z the required public heariNAl, a decision rejmirlllll,t;, this re7.011iUQ application bl, the Board Of Supervisors would be appropriate. The applicant should be prepared to adeguatelj, address all concerns raised bj, the Board Of SUperyisors. AMENDMENT Action: PLANNING COMMISSION: February 18, 2015 - Recommended Denial BOARD OF SUPERVISORS: May 13, 2015 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05- I4 CB VENTURES LLC WHEREAS, Rezoning 05-14 Of CB Ventures, LLC, Submittccl by Montgomery Engineering Group, Inc., to rezone 2.42 acres from B 1 (Neighborhood Business) District to B2 (General Business) District with proffers dated May 13, 2014, last revised on May 1, 2015, was considered. The property is located at 1033 Aylor Road in Stephens City. The property is further identified with PIN(s) 74-A-104 and 74-A-105 in the Opequon Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 7, 2015 and a public meeting was held on February 18, 2015, and recommended denial of this request; and WHEREAS, the Board of Supervisors field a public hearing on this rezoning on March 11, 2015, tabled the request for 60 clays, and a public meeting was held on May 13, 2015; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of SLIpervisorS that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 2.42 acres from B 1(Neighborhood Business) District to B2 (General Business) District with proffers. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRes #10-15 A 0 -2- This ordinance shall be in effect on the date of adoption. Passed this 13th day of May, 2015 by the following recorded vote: Richard C. Shickle, Chairman Robert A. I -less Gene C. Fisher Jason B. Ransom PDRes #10-15 Gary A. Lofton Robert W. Wells Charles S. DeI-Iaven, Jr. A COPY ATTEST Roderick B. Williams, Interim Frederick County Administrator E 0 BOS MEETING SCHEDULE JANUARY 7,205 PUBLIC HEARING Rezoning #05-14 CB Ventures, LLC Staff. Michael T. Ruddy, Deputy Director..........................................................January 28, 2015 DISCUSSION 2015-2016 Capital Improvement Plan (CIP) Staff: Michael T. Ruddy, Deputy Director..........................................................January 28, 2015 (�lb �'S�I- �?C)--� PROPOSED PROFFER STATEMENT REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S) RZ# 131 to B2 2.42 acres Tax Map Parcel 74-((A))-104 & 105 CB Ventures, LLC. Montgomery Engineering Group, Inc. CB Ventures, LLC — Aylor Road May 13, 2014 November 19, 2014 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, 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 B2 rezoning is not granted as applied for by the applicant ("Applicant"), 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 Applicant elects not to submit development plans until such contest is resolved, the term final 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. 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. Any proffered conditions that would prevent the Applicant CB Ventures, LLC. from conforming to State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. • When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "CB Ventures. LLC — Aylor Road" dated February 23, 2014 revised November 1, 2014 (the "GDP") and is included in this proffer. Site Development. Property Access. Property access shall be via the two new entrances shown on GDP from Relocated Aylor Road, as approved by VDOT. Temporary access to the property may, in the interim, be via entrances on the existing portion of Aylor Road, as approved by VDOT. until such time the right of way for the future Aylor Road realignment improvement project is conveyed to the Commonwealth of Virginia. This temporary access may cross the area identified for right of way dedication. Improvements necessary to utilize the two new entrances shown on the GDP after the conveyance shall be the responsibility of the Applicant. 2. Right of way dedication. The Right of Way for the future Aylor Road Realignment improvement project shown on GDP shall be conveyed for the development of said road to the Commonwealth of Virginia 90 days of a written request from either VDOT or Frederick County. All site development shall occur on the area outside of the area identified for future right of way dedication. The only exception to this requirement being the temporary access identified in Proffer 1. This property shall not be conveyed should road development not occur or if on a future VDOT 6 Year Plan, Aylor Road is no longer being considered for realignment. 3. Lighting. All lighting shall be building mounted wall packs or on poles and shall be no higher than 20'. Lighting shall be downcast and shielded to prevent glare and intrusion of light onto adjoining properties. Respectfully submitted, Edward P. Browning, IV COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument wa�acknowI dg d before me this day Of �1A lran bPl , 2014, by (. ( LLQ �p,h V i ri- My commission expires Commissio numb�,r: andy Craun NOTARY PUBLIC C� 1, 1 1 � - COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Debbie Jenkins Notary Public Commonweab of Virginia Notary Pam^:-'"';^" «'Sg32N5 The foregoing instrument wa acknowled ed before me this `'�' ' ' day of &wALt; 2014, by�l �.en�n5 �- Le -- NOTARY PUBLIC My commission expires: %ok. Commission number: 3 Debbie Jenkins Notary Public Commonwealth of Virginia ,; . , *� )93285 C7 S 4-vee,/-)�— j!� �Aa • 0 December 4, 2014 VIA IU-MAI, benMEGine.biz — AID'T) REGULAR' IWAI.L COF1NT11" of FIREDERICK Rotlerkk 1. Willlams ..County Att6irmy 540/722,=83, 0 Fax 540/667-0370 F_,-ruail: i-willia@co.frcderick.va.us Mr. Benjamin C. Montgomery Montgomery Engineering Group, Inc. 132 Saddleback Lane Winchester, Virginia 22602 Re: Rezoriirig Application CB Ventures, LLC Parcel Numbers 74-A-104 and 74-A=I05,.consisting of 2.42± acres (the "Properties") Revised Proffer Statement dated May 13, 2014 Dear Mr. Montgomery: You have submitted to Frederick County* for rcvic,,v the above -referenced proposed proffer statement (the "Proffer Statement") for the proposed rezoning of the Properties; in the Opequon Magisterial District; from the B1 (Neighboi,hood Business) District.to the B2 (G'nei-al . Business) District, subject to proffers. the Proffer Statement and it is my opinion that the Proffer Statement would be in a forrn to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally stiflicient as a proffer statement, subject to the following comments; 1. Date of the Proffer _Statement —'the previous': �ersion of the Proffer Statement was . dated May 21, 2014; the current v6rsion is dated.May 13, 2014. It would appewt that some date other than May 13, 2014 is correct:. 2. Proffer 1.7 Again, the proffer does not actually state an obligation, as the uses it purports to exclude are already prohibited in the County's 132. District. For ex'dibple, .:.: County Code § 1.65=603.02 perihits SIC.; C6de 72 uses; other than those in SIC Codes 7213, 7216, 7218, and those listed for 7299. The, Codeprovi.des similarly for SIC .Codes 73 and 76. You may simply delete Pt`olfe.r 1, as the designation at the lop of page I of theProffer Statement, that thO rezonin£; is from. BI to 132; is adequate to convey the effect of the rezoning. 3. Prdfer 2: 107 No' th Kent Street Winchester, Virginia 22601 �L � 1AA Mr. Renjailin C. mo,il.gome;y Deeeniber 4, 2013 'age 2 3 a. Per clarity, it'may better to divide, Prof er 2 izit:t� a pari �.a (re property access) and. a part: h (re right of sway dedication). . l�. The S ^coxsd Seri. Cfte.e ret Rtdi:09 ProPi zfty access might Better read that the ... _ existing Ownances'shall be redwed to those silo" on the GDP at tite time of construction of the :realigzied Aylor Load. Iz1 this regaird, I Hate that, as corded, .Elie s, te- - Nvould a.A7pacent,ly ozz.l - limit tlac diitxai�ces at developrxient {of the Proiierty?) after convey-" (of fire night of �e>ay`?}. Thi �vciuld'tot ridecssarily e pr.•actical. if, the carite t of the road realigni-nent: . prc.jcct:: lso, l would :�iag est adding on the GDP lalies'for the new cntr. aiices.::. . o, :: I e first senteafce ie ard.i.zig de cation ifii ht t� iter`'read aloe the lines af: g. RsI'l�e right of way ,shown on t:h.e �CaDP fot the fiittire Ayl�cir ��o�rci re ligzir�ettt projcct`sl all. i7c cohVeyed to .the Coniri on wealth of Virg iiiia ��ithiri 90 dap of a wrid:ieri r•eclo6st frog either �VDOT ur. I�rede' i-ic <:Cotiini I Relieve tl is is . :. fairly standard lat is z e tliai Izas aGcn:used.for iciad ir:rzlr:rov€'z e it cled`zcatiorzs zaa:ether reroiiizzg5:...Tlr.e secatid si htdzict re G�rd.ir�g dedication rta.i tzt t�eiiei° react .L�y startiiil vaitli t`The ri; ht'of way", instead of "This i`o iert P l Y ":.Also . redzn; dedicatQii,:taff slioulci tie ava� tlzaf, asritt:cai., tlzti ol;iigiiort t:� ciedictite ri�ht:ofway is Ule-f Ctivc of nc�v d���elo�3r3:aetzt d`C+ 'riot occur on the Propaty.. . d.. ,s wcll,:regard.ing dedication, the bP zrz ght specifically 7cler�tily; t�rit�z a text notation and arrot.4-5, the area. ofthe ri h of way dediLatzon: _�.r� ;�arzi.ahly, tl�s 11. would be Clae zrea to the west of the - , _ _ line on the -GDP ; btit this is not elearw Stafr slic�ul •lie a� are that the im , act naly�i.s accoi�i�satiyt g the a � lkc ti.ori ..:.: Ip xziatca'ials asseiis flier the cotzFity's tag ease "rill increase with oily zairziznad service regiriieM' Ciits".... Staff May ti�vish to un ertal�e indepei��eiit. a:�ialyszs: . 5. i iiatii e Th: izi rciri for < tiding a sigr)_dWre by r. I3rciwniri . hitt g. I notd that the proffer c�"tiatetrierit still ;fails .to slate drat it is oil behalf cif `�ent�ares, LL ::.Tizi S. igl�.t dst lie ol�ied .1 irddino, ,C VENTURE--; I;LUI dide tl�t; "Ices ctl ll : Siahixi.iitnd''' lizie atzd also stating the i:itles of .ivlesS. S. Browiing acid CraiGii: `Also, the notarizations are defecfivo in that; where ho' iizclicate "l;y", the riai ie sl?c�ii.ld. lie -that of fhb sig*tory sand Hitt thai rzf tlrc ntyt,aryy: Finally, -the n.atary is z°e�tkixed to affix.. a raised. 'seal to the d&tiij��t. _ �Ya. Code §4'7.1 I G( ). Frederick County, VA • 0 Page 1 of 2 Frederick County, VA Monday, Januarys, 2015 Chapter 165. ZONING ARTICLE VI. Business and Industrial Zoning Districts Part 601. Dimensional and Intensity Requirements § 165-601.01. Intent. The following tables describe the business and industrial zoning districts in Frederick County, the intent of those districts and the uses allowed in each district. Standard industrial classification numbers are provided for particular uses to assist the Zoning Administrator in classifying uses. Determining whether a particular use should be classified under a particular category remains subject to interpretation on the part of the Zoning Administrator. § 165-601.02. Dimensional and intensity requirements. [Amended i2-i0-2oo8; 11-18-2009; i1-i3-20131 The following table describes the dimensional and intensity requirements for the business and industrial Actrirtc• Requirement Front yard setback on primary or arterial highways (feet) District B1 B2 B3 OM Mi M2 50 50 50 50 75 75 Front yard setback on collector or minor streets (feet) 35 35 35 35 75 75 Side yard setbacks (feet) - - 15 15 25 25 Rear yard setbacks (feet) - - 15 15 25 25 Floor area to lot area ratio (FAR) 0.3 1.0 1.0 2.0 1.0 1.0 Minimum landscaped area (percentage of lot area) 35 15 25 15 25 15 Maximum height (feet) 35 35 35 60 6o* 60" *In the Mi and M2 Districts the Board of Supervisors may waive the sixty -foot height limitation, provided that it will not negatively impact adjacent uses. In order to consider the waiver, the applicant must submit all information and adhere to requirements specified by § i65-204.28. In no case shall any structure exceed i50 feet in height. § 165-601.03. Minimum landscaped area. [Amended 9-26-2012] In the B2 Business General Zoning District, the Board of Supervisors may require that more than i5% of the area of a site shall be landscaped in order to meet the intent of this chapter. Additional landscaped litti):Hecode360.com/print/FR 1364?quid=13804436&children=U'ue 1 /5/2015 Frederick County, VA 0 • Page 2 of 2 r areas may be required to ensure that all unused areas are landscaped and to improve the general appearance and use of the site. In no case shall more than 25% of the site be required to be landscaped in the B2 Business General Zoning District. http://ecode360.com/print/FRI 364?guid= l 3 804436&children=true 1/5/2015 .Frederick County, VA 0 0 Page I of 2 Frederick County, VA Monday, JanuarY5, 2075 Chapter 165. ZONING ARTICLE VI. Business and Industrial Zoning Districts Part 602. 131 Neighborhood Business District [Amended 4-10-19911 § 165-602.01. Intent. The intent of this district is to provide small business areas to serve the daily household needs of surrounding residential neighborhoods. Uses allowed primarily consist of limited retailing and personal service uses. Business uses in this district should be small in size and should not produce substantial vehicle traffic in excess of what is usual in the residential neighborhoods. § 165-602.02. Allowed uses. i iroc Anmiorl in tha R, Naiahhnrhnnd RiitinPss district are as follows: Allowed Uses Veterinary services for animal specialities (excluding horses), with all activities and animals kept within a fully enclosed primary structure [Added 5-27-2009] Standard Industrial Classification (SIC) 0742 Food stores 54 Apparel and accessory stores 56 Drugstores 591 Miscellaneous shopping goods stores 594 Finance, insurance and real estate offices - Personal services, except the following: 72 Industrial launderers 7217 Funeral homes and crematories 726 Car washes 7542 Videotape rental 784 Medical offices 8o1, 802, 8o3 and 804 Child day-care services 835 Civic, social and fraternal organizations 864 Public buildings - litti):Hecode360.com/print/FR 1364?guid=13804439&children=true 1 /5/2015 Frederick County, VA 0 0 Page 2 of 2' J Standard Industrial Classification Allowed Uses (SIC) Public utility distribution facilities - Business signs - Signs allowed in § 165-201.o6B - [Amended 2-13-2oo8] Freestanding building entrance signs - [Added 2-13-2oo8] Multi -tenant complex signs - [Added 2-13-2008] Electronic message signs - [Added 2-13-2008] Residential uses which are accessory to allowed business uses - Parks - Churches - Restaurants 5812 [Added 12-9-1992] Art dealers, art supplies and art framing - [Added 4-26-19951 Fire stations, companies and rescue squads - [Added 10-27-19991 Tobacco stores 5993 [Added 1-10-2001] Accounting, auditing and bookkeeping services -- [Added 1-10-2001] Health clubs no larger than 1o,000 square feet 7991 [Added 2-22-2oo6] http:Hecode360.com/print/FR1364?guid=l 3804439&children=true 1 /5/2015 Frederick County, VA Page 1 oi� 5 Frederick County, VA Monday, JanuarY5, 2075 Chapter 165. ZONING ARTICLE VI. Business and Industrial Zoning Districts Part 603. B2 General Business District [Amended 8-8-199o; 6-11-1991; 6-8-1994; 7-io-1996; 2-26-1997; 8-13-19971 § 165-603.01. Intent. The intent of this district is to provide large areas for a variety of business, office and service uses. General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have direct access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be provided, and access should be properly controlled to promote safety and orderly development. Nuisance factors are to be avoided. § 165-603.02. Allowed uses. All aarl ileac CI-11 ho ne fn11nAA1C- Standard Industrial Classification Allowed Uses (SIC) Veterinary offices with all activities and animals kept within the 074 fully enclosed primary structure, excluding the following: [Amended 8-24-20041 Veterinary services livestock 0741 Animal specialty services, except veterinary, with all activities and 0752 animals kept within the fully enclosed primary structure [Added 1-10-2001] Communication facilities and offices, including telephone, 48 telegraph, radio, television and other communications, excluding the following:'] [Amended 8-24-20041 Communications services, not elsewhere classified 4899 Paint, glass and wallpaper stores 523 Hardware stores 525 Retail nurseries and lawn and garden supply stores 526 General merchandise stores 53 littl)://ecode360.com/print/PR 1364?gtiid=13804443&children=true 1 /5/2015 Frederick County, VA 0 40 Page 2 of 3 Allowed Uses Standard Industrial Classification (SIC) Food stores, excluding the following: [Amended 8-24-20041 54 Fruit and vegetable stands 5431 Automotive dealers and gasoline service stations 55 Apparel and accessory stores 56 Home furniture, furnishings and equipment stores 57 Restaurants 58 Miscellaneous retail, except for the following: 59 Fuel dealers 598 Flea markets, operated outdoors [Added 11-10-2010] - Finance, insurance and real estate offices - Hotels and motels 701 Organization hotels and lodging 704 Personal services, including laundry and funeral services, excluding the following: 72 Linen supply [Added 8-24-20041 7213 Dry cleaning plants [Added 8-24-20041 7216 Industrial launderers 7218 Escort services [Added 8-24-20041 7299 Turkish baths [Added 8-24-20041 7299 Steam baths [Added 8-24-20041 7299 Business services, excluding the following: 73 Outdoor ad services [Added 8-24-20041 7312 Miscellaneous equipment rental 735 Automobile recovery service [Added 8-24-20041 7389 Automobile repossession service [Added 8-24-20041 7389 Exhibits building of by industrial contractors [Added 8-24-20041 7389 Filling of pressure containers (aerosol) [Added 8-24-20041 7389 Gas systems contract conversion from manufactured to natural gas [Added 8-24-20041 7389 Produce weighting service [Added 8-24-20041 7389 Product sterilization service 7389 http://ecode360.com/print/FR1364?guid=13804443&children=true 1/5/2015 .Frederick County, VA . Page 3 of 5 Allowed Uses Standard Industrial Classification (SIC) [Added 8-24-20041 Repossession service [Added 8-24-20041 7389 Salvaging of damaged merchandise not engaged in sales [Added 8-24-20041 7389 Scrap steel cutting [Added 8-24-20041 7389 Car washes 7542 Miscellaneous repair services, excluding the following: [Amended 8-24-20041 76 Welding repair 7692 Agricultural equipment repair 7699 Blacksmith shops 7699 Boiler cleaning and repair 7699 Cesspool cleaning 7699 Coppersmithing 7699 Dental and medical instrument repair 7699 Engine repair 7699 Farm machinery and tractor repair 7699 Farriers 7699 Horseshoeing 7699 Industrial truck repair 7699 Laboratory instrument repair 7699 Machinery cleaning 7699 Measuring and controlling instrument repair; mechanical 7699 Meteorological instrument repair 7699 Precision instrument repair 7699 Repair of optical instruments 7699 Repair of service station equipment 7699 Scale repair service 7699 Septic tank cleaning service 7699 Sewer cleaning service 7699 Surgical instrument repair 7699 Tank and boiler cleaning service 7699 Tank truck cleaning service 7699 Taxidermists 7699 Tinsmithing 7699 Motion picture theaters, except drive-in 7832 Videotape rental 784 Amusement and recreation services operated indoors 79 Golf driving ranges and miniature golf courses 7999 Health services 8o Legal services 81 littl):Hccode360.coni/print/FR 1364?guid=13804443&children=true 1 /5/2015 Frederick County, VA 0 10 Page 4 of 3 r Allowed Uses Standard Industrial Classification (SIC) Child day-care facilities 8351 _ Membership organizations 86 Engineering, accounting, research, management and related services, excluding the following: [Amended 8-24-20041 87 Testing laboratories 8734 General business offices - Model home sales offices - Self-service storage facilities - Public buildings _ - Public utility distribution facilities - Business signs - Signs allowed in § 165-201.o6B [Amended 2-13-2008] - Freestanding building entrance signs [Amended 2-13-2oo8] - Multi -tenant complex signs [Added 2-13-2oo8] - Electronic message signs [Added 2-13-2oo8] - Residential uses which are accessory to allowed business uses - Parks - Churches - Libraries - Electrical supplies 5o6 Hardware and plumbing and heating equipment 507 Commercial batting cages operated outdoors - Fire stations, companies and rescue squads [Added 10-27-19991 - Commercial sport and recreation clubs [Added 10-25-2000] -- Social services, except for the following: [Added 4-23-2003] 83 Residential care 836 [1]: Editor's Note: The entry for electric, gas and other utility facilities and offices, SIC No. 49, excluding sanitary services, SIC No. 495 which immediately followed this entry, was repealed 8-24-2004. § 165-603.03. Conditional uses. Uses permitted with a conditional use permit shall be as follows: Standard Industrial Classification nal Uses http://ecode360.coni/print/FR1364?guid=13804443&children=true 1 /5/2015 Frederick County, VA • 46 Page 5 of 5 Conditional Uses Standard Industrial Classification (SIC) Adult retail uses meeting the minimum requirements of this chapter, any conditions imposed by the Board of Supervisors, and with the following minimum conditions: (a) Such uses shall be located at least 2,500 feet from the property line of existing adult retail uses, schools, churches, parks, day-care facilities and residential uses and districts. (b) Such uses shall not be permitted in shopping centers and/or multi -tenant buildings. (c) All merchandise display areas shall be limited to enclosed structures and shall not be visible from the outside. (d) Business signs shall not exceed a maximum of 25 square feet. No wall- mounted signs or window displays shall be permitted. (e) Hours of operation shall be limited to between 9:oo a.m. and >>:oo p.m. litti):Hecode360.com/print/FR 1364?quid=13804443&children=true 1 /5/2015 0 PROPOSED PROFFER STATEMENT REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S) RZ# 131 to B2 2.42 acres Tax Map Parcel 74-((A))-104 & 105 CB Ventures, LLC. Montgomery Engineering Group, Inc. CB Ventures, LLC — Aylor Road May 13, 2014 January 7, 2015 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, 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 B2 rezoning is not granted as applied for by the applicant ("Applicant"), 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 Applicant elects not to submit development plans until such contest is resolved, the term final 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. 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. Any proffered conditions that would prevent the Applicant CB Ventures, LLC, from conforming to State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "CB Ventures, LLC — Aylor Road" dated February 23, 2014 revised November 1, 2014 (the "GDP") and is included in this proffer. Site Development. 1. Property Access. Property access shall be via the two new entrances shown on GDP from Relocated Aylor Road, as approved by VDOT. Temporary access to the property may, in the interim, be via entrances on the existing portion of Aylor Road, as approved by VDOT, until such time the right of way for the future Aylor Road realignment improvement project is conveyed to the Commonwealth of Virginia. This temporary access may cross the area identified for right of way dedication. Improvements necessary to utilize the two new entrances shown on the GDP after the conveyance shall be the responsibility of the Applicant. 2. Right of way dedication. The Right of Way shown on the GDP for the future Aylor Road Realignment improvement project shall be conveyed to the Commonwealth of Virginia or Frederick County within 90 days of a written request from either VDOT or Frederick County. All site development shall occur on the area outside of the area identified for future right of way dedication. The only exception to this requirement being the temporary access identified in Proffer 1. The provision for conveyance of the Right of Way shall have no further force or effect, however, should neither the VDOT 6 Year Plan nor the Frederick County Road Plan continue to show the realignment or improvement of Aylor Road. 3. Lighting. All lighting shall be building mounted wall packs or on poles and shall be no higher than 20'. Lighting shall be downcast and shielded to prevent glare and intrusion of light onto adjoining properties. 2 Respectfully submitted, CB Ventures, LLC Edward P. Browning, IV (Title) COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: j The foregoing instrument was acknowleMed before me this �_ day 201,#, by ), ''- - NOTARY PUBLIC My commission expires: Commissioj'r umber: ndy Craun A �) 41 (Tpe) 1 / L' ' T�SXA NOTARY PUE3LIC REG. #264078 MY COMMISSION o E P RES COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument wasC14 owledged before me this T� day of 12015, by I_rl4Y_ NOTARY PUBLIC My commission expires: I3all� Commission number: gobble Public Mon alth of Virginia Cpmrnon 'i t nn #7593285 Note+ry R�ni� • 1 ! i (540) 974-7382 cell www.MEGinc.biz 3 0 �I Sincerely yours, Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia@fcva.us Please note new e-mail address: rwillia(a�fcva.us From: Ben Montgomery [mailto:ben(&meginc.biz] Sent: Tuesday, January 06, 2015 7:37 PM To: Rod Williams Subject: CB Ventures, LLC Rezoning Proffer Rev 4 Mr. Williams, As the planning commission is meeting tomorrow 1/7, 1 wanted to get this cleaned up and ready for final signature before we meet with them. Attached is Rev 4 of the proffer statement. Item 1 has been corrected. Item 2 has been removed. Item 3 a. The two have been broken up as requested. b. I need to talk through this one with you. Not sure what you need to see. The current VDOT 6 year plan drawing shows all of the existing entrances remaining as they currently are only moved east. This is acceptable to the owner. Any new development would utilize the two entrances. If Aylor Road has not been realigned the new entrances would require a drive across the dedicated area. If Aylor Road has been realigned then the new entrances would be as shown on the GDP. As with all development VDOT approval is required and this proffer does not limit them at that time. I am happy to work with you to word this acceptable to all. c. I made the first correction mentioned. The second correction evidently has already been changed in a previous revision. Please review and we can talk about any required edits. d. Noted. Item 4: noted Item 5: Added CB Ventures, LLC under Respectfully submitted and added a title line for each signature line. Concerning raised notary seal. I don't know of any new notary's having anything other than a stamp. I will however pass along the requirement. Thank you for your help to get this wrapped up. Let me know when a convenient time would be for me to give you a call. Ben C. Montgomery, PE Montgomery Engineering Group, Inc. 0 0 Mike Ruddy From: Sent: To: Cc: Subject: Ben — It looks OK. Thanks. Rod Williams Wednesday, January 07, 2015 4:05 PM 'Ben Montgomery' Mike Ruddy RE: CB Ventures, LLC Rezoning Proffer Rev 4 From: Ben Montgomery [mailto:ben(aOmeginc.biz] Sent: Wednesday, January 07, 2015 3:01 PM To: Rod Williams Cc: Mike Ruddy; 'Randy Craun'; 'Ned Browning' Subject: RE: CB Ventures, LLC Rezoning Proffer Rev 4 Thank you Rod. I agree to the rewording. The revised document is attached. Please take one more look before the owners sign and notarize. Let me know if acceptable. Ben C. Montgomery, PE Montgomery Engineering Group, Inc. (540) 974-7382 cell www.MEGinc.biz From: Rod Williams [mailto:rwillia(Wc:va.us] Sent: Wednesday, January 07, 2015 1:53 PM To: 'Ben Montgomery' Cc: Mike Ruddy Subject: RE: CB Ventures, LLC Rezoning Proffer Rev 4 Mr. Montgomery, Thank you for your message. With respect to the Property Access paragraph, I believe we can work with it in the form you have now presented it. With respect to the right of way paragraph, suggest something along the lines of the following, for better clarity: The Right of Way shown on the GDP for the future Aylor Road Realignment improvement project shall be conveyed to the Commonwealth of Virginia or Frederick County within 90 days of a written request from either VDOT or Frederick County. All site development shall occur on the area outside of the area identified for future right of way dedication. The only exception to this requirement being the temporary access identified in Proffer 1. This nr^nort y shall not be Gen„e„erJ The provision for conveyance of the Right of Way shall have no further force or effect, however, should neither the VDOT 6 Year Plan nor the Frederick County Road Plan continue to show the realignment or improvement of Aylor Road read development net OGGUF Or if on a future VDQT 6 Year Plan, Ayler Read is ne longer being `+ensidered for realignment Finally, I note that the copy of the GDP included in the agenda materials does not include a seal signed by you. We do need to have that as part of the proffer package. 1 Item 1 has been corrected. Item 2 has been removed. Item 3: a. The two have been broken up as requested. b. I need to talk through this one with you. Not sure what you need to see. The current VDOT 6 year plan drawing shows all of the existing entrances remaining as they currently are only moved east. This is acceptable to the owner. Any new development would utilize the two entrances. If Aylor Road has not been realigned the new entrances would require a drive across the dedicated area. If Aylor Road has been realigned then the new entrances would be as shown on the GDP. As with all development VDOT approval is required and this proffer does not limit them at that time. I am happy to work with you to word this acceptable to all. c. I made the first correction mentioned. The second correction evidently has already been changed in a previous revision. Please review and we can talk about any required edits. d. Noted. Item 4: noted Item 5: Added CB Ventures, LLC under Respectfully submitted and added a title line for each signature line. Concerning raised notary seal. I don't know of any new notary's having anything other than a stamp. I will however pass along the requirement. Thank you for your help to get this wrapped up. Let me know when a convenient time would be for me to give you a call. Ben C. Montgomery, PE Montgomery Engineering Group, Inc. (540) 974-7382 cell www.MEGinc.biz z 0 a Mike Ruddy From: Rod Williams Sent: Wednesday, January 07, 2015 1:53 PM To: 'Ben Montgomery' Cc: Mike Ruddy Subject: RE: CB Ventures, LLC Rezoning Proffer Rev 4 Mr. Montgomery, Thank you for your message. With respect to the Property Access paragraph, I believe we can work with it in the form you have now presented it. With respect to the right of way paragraph, suggest something along the lines of the following, for better clarity: The Right of Way shown on the GDP for the future Aylor Road Realignment improvement project shall be conveyed to the Commonwealth of Virginia or Frederick County within 90 days of a written request from either VDOT or Frederick County. All site development shall occur on the area outside of the area identified for future right of way dedication. The only exception to this requirement being the temporary access identified in Proffer 1. This nrenerty shall Ret he ngn„e.,eiJ The provision for conveyance of the Right of Way shall have no further force or effect, however, should neither the VDOT 6 Year Plan nor the Frederick County Road Plan continue to show the realignment or improvement of Avlor Road mad development net GGGLAF OF Of o„-a-futu e VDQT 6 Year Plan 0„Inr Read no longer being E;ansidered fer realignment. Finally, I note that the copy of the GDP included in the agenda materials does not include a seal signed by you. We do need to have that as part of the proffer package. Sincerely yours, Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia(a_fcva.us Please note new e-mail address: rwillia fcva.us From: Ben Montgomery [mailto:ben(-Omeginc.biz] Sent: Tuesday, January 06, 2015 7:37 PM To: Rod Williams Subject: CB Ventures, LLC Rezoning Proffer Rev 4 Mr. Williams, As the planning commission is meeting tomorrow 1/7, 1 wanted to get this cleaned up and ready for final signature before we meet with them. Attached is Rev 4 of the proffer statement. ►rJ 0 PROPOSED PROFFER STATEMENT REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S) RZ# 131 to B2 2.42 acres Tax Map Parcel 74-((A))-104 & 105 CB Ventures, LLC. Montgomery Engineering Group, Inc. CB Ventures, LLC — Aylor Road May 13, 2014 January 7, 2015 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, 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 B2 rezoning is not granted as applied for by the applicant ("Applicant"), 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 Applicant elects not to submit development plans until such contest is resolved, the term final 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. 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. Any proffered conditions that would prevent the Applicant CB Ventures, LLC. from conforming to State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. v When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "CB Ventures, LLC — Aylor Road" dated February 23, 2014 revised November 1, 2014 (the "GDP") and is included in this proffer. Site Development. Property Access. Property access shall be via the two new entrances shown on GDP from Relocated Aylor Road, as approved by VDOT. Temporary access to the property may, in the interim, be via entrances on the existing portion of Aylor Road, as approved by VDOT, until such time the right of way for the future Aylor Road realignment improvement project is conveyed to the Commonwealth of Virginia. This temporary access may cross the area identified for right of way dedication. Improvements necessary to utilize the two new entrances shown on the GDP after the conveyance shall be the responsibility of the Applicant. 2. Right of way dedication. The Right of Way shown on the GDP for the future Aylor Road Realignment improvement project shall be conveyed to the Commonwealth of Virginia or Frederick County within 90 days of a written request from either VDOT or Frederick County. All site development shall occur on the area outside of the area identified for future right of way dedication. The only exception to this requirement being the temporary access identified in Proffer 1. The provision for conveyance of the Right of Way shall have no further force or effect, however, should neither the VDOT 6 Year Plan nor the Frederick County Road Plan continue to show the realignment or improvement of Aylor Road. 3. Lighting. All lighting shall be building mounted wall packs or on poles and shall be no higher than 20'. Lighting shall be downcast and shielded to prevent glare and intrusion of light onto adjoining properties. 2 -0, 0 0 Respectfully submitted, CB Ventures, LLC Edward P. Browning, IV (Title) COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: of The foregoing instrument was acknowledged before me this , 2014, by NOTARY PUBLIC My commission expires: Commission number: Randy Craun COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: of My cor Comm (Title) The foregoing instrument was acknowledged before me this , 2014, by day day REZUNINU PUBLIC HEARING www.Fcv�.us � 540-665 5651 @1 13 (YYO 2001� County Total Project Department Priority County Contribution Per Fiscal Year Contributions Notes Costs Projects 2015-2016 2016-2017 2017-2018 2018-2019 2019-2020 2020+ Ensuing Fiscal Year Year 2 Year 3 Year 4 Year 5 Beyond Year 6+ Public Schools $1,600.000 S32,400,000 Elementary School #12 $30.800,000 $32,400,000 Armel Elementary School Addition and Renovation Robert E. Aylor Middle School $1,400,000 $10.730.000 $8,970.000 $9.900,000 S31.000,000 $31,000.000 Addition and Renovation $1.700,000 S35.500,000 $32,200.000 $19,400,000 $3.100,000 $91,900,000 $91,900.000 Fourth High School James Wood High School Renov. (Prior to FY2015-2016 Cost) TBD TBD Sherando High School Parking Lot — - - — -f - -------- - -- --- - -- - - — - -^ --- -_- & Softball Field Improvements TBD TBD Dowell J. Howard Center Addition and Renovation TBD TBD Apple Pie Ridge Elementary Phase 2 Renovation _ _ _ $8.900,000 S8.900,000 $8,900.000 Bass Hoover Elementary Phase 2 Renovation 59,000,000 S9,000.000 S9,000,000 County/School Board -'— -' -- -------- --_.___..__ � �._ Administration Building _ TBD TBD Indian Hollow Elementary Addition and Renovation TBD TBD $24,700,000 Elementary School #13 S24,700,000 $24.700.000 Fifth Middle School S49.500.000 S49.500.000 S49,500,000 S4,700,000 $77.030.000 S41.170,000 $29.300.000 so $92.100.000 $247.400.000 S247.400,000 Parks & Recreation Clearbrook & Sherando Water SlidelSpray Ground S1,352,000 S1.352,000 S1,352,000 Sherando Access Road w/Parking/Trails S1,567,000 $1.567.000 $1,567,000 • S480,000 $15,163.000 S15,163.000 Indoor Aquatic Facility. _ _ S14,683.000 Snowden Bridge Park Development $3.161,000 $3.161.000 $3.161.000 Sherando Softball Complex $632,000 S682,000 $682,000 Abrams Creek Greenway Trail $85.000 S148,000 S2.702,000 S2.935,000 S2,935,000 $1.384.000 Sherando Lake/Trails/Parking-,2 Fields $103.000 $1,281,000 S1.384,000 Community Parks (3) $6,352,000 S6,352.000 S6.352,000 T S2,285,000 $2.285,000 $2,285,000 Neighborhood Parks (3) District Parks (4) S15.717.000 $15.717.000 S15,717.000 —T $818,000 Sherando Picnic Areas $818,000 T — - S818,000 Indoor Ice Rink $6.102,000 S6,102.000 $6,102,000 Community- Center S8.95.2,000 _ _ S8,952,000 _ S8,952,000 Clearbrook Open Play Areas $487,000 $487.000 $487,000 $1,300,000 Baseball Field Lighting Upgrade _ _ S1,300,000 $1,300,000 Soccer/Multi Use Fields S1.141.0001 $1.141.000 $1,141,000 $535,000 Clearbrook Tennis/Basketball Complex - $535,000 $535,000 Sherando Skateboard Park $522.000 $522,000 $522.000 $517.000 Clearbrook Shelter Stage _._ _ _.. .._ .. $517,000 $517.000 Fleet Tr Vehicles P 1 $295,0001 1 S295.000 $295,000 County Total Project Department Priority County Contribution Per Fiscal Year Contributions Notes Costs Projects 2015-2016 2016-2017 2017-2018 2018-2019 2019-2020 2020+ Sherando Maintenance Compound $381.000 $381,000 $381.000 $6.645,000 S24,253,000 $35.572.000 $3.985.000 S1,193.000 50 S71,648,000 S71,648,000 Regional Library S1,749,034 TBD $1,749,034 TBD TBD Gainesboro Library Senseny/Greenwood Library $155.023 $1,465,736 S128,275 Route 522 South LibraryBranch TBD Transportation SO S155.023 S1,465,736 $128.275 SO 50 $1,749.034 $1.749,034 T Funded Priorities-,--_--- 1-81 Exit 310 Improvements S300,000,000 S49,121,000 $36,082,000 56,000.000 S49,121,000 $36.032.000 S6,000.000 E E E $49,121,000 $36.052.000 $6,000.000 S300,000,000 S60,000,000 S15,000,000 S2,500,000 S23,200,000 $20.600.000 $3,000,000 $47,800,000 S22,800,000 S10.200,000 S250,000 $2,000.000 TBD Route 277. Fairfax Pike. Widening and Safety Improvements (ph 1) East Tevis Street Extension and Bridge over 81 Unfunded_ Priorities Route 37 Engineering & Constructior !— 5300.000,000 E 1-81 Exit 307 Relocation Route 27-7, Fairfax Pike, Widening and Safety Improvements (ph 2) $60,000,000 S15.000.000 S60,000,000 S15.000.000 — E E Redbud_Road Realignment _ _ _ Warrior Drive Extension $2,500,000 S23.200,000 S2,500,000 S23.200,000 E E Channing Drive Extension Brucetown/Hopewell Realign. $20,600,000 S3,000,000 S47,800,000 S22.800.000 $20,600.000 S3,000,000 $47.800,000 S22.800,000 E E E E Widening of Route 11 No_rt_h Senseny Road Widening Invedee Way Fox Drive — —S10,200,000 S250,000 S10,200,000 S250,000 E E Rennaisance Drive Eastern Road Plan Improvements S2.000,000 TBD $2.000,000 TBD E Winchester Airport $300.000,000 SO 50 SO SO S298.553,000 S598.553,000 S598,553.000 $2,980.000 $1.250.000 $650.000 $275.000 $275,000 $175,000 S275,000 $175.000 $275,000 $1,000,000 S300,000 $300,000 $300,000 $235,000 S1,250,000 $275.000 S275,000 $175,000 $275,000 $175,000 $235.000 New General Avaiation Terminal _ _ Northside Connector $380.000 $2,60.0,0.00 A,B A,B New Terminal Parking Lot Land Parcel 64-A-66 $_650_,000 — — A.B A.B A,B A.B Land Parcel 64-A-67 Land Parcel 64B-A-33A Land Parcel 54-A-60 Land Parcel 64B-A-40 - -i A,B A,B_ Land Parcel 64-A-64 Fuel Storage Facility — $275,000 S1,000.000 _ A.8 A,B Land Parcel 64B-A-47 Land Parcel 64-A-49 S300,005 S300,0001 A,B A,B Land Parcel 64-A-50 _ _ _ Land Parcel 6413-A-51 S300,000 A,B A,B i County Total Project Department Priority County Contribution Per Fiscal Year Contributions Notes Costs Projects 2015-2016 2016-2017 2017-2018 2018-2019 2019-2020 2020+ Land Parcel 646-A-52 Land Parcel 64-A-59 5300,000 5300.000 A.B A.B $300.000 5300,000 $400,000 $9.650.000 North Side Svc Road Taxiway "A" Relocation 5400,000 $200.000 $4.650.000 T 54,800.000 A,B A.B1 52,660,000 51,655.000 53.250.000 $2.100,000 54,650.000 S4.800,000 so S19,115,000 County Administration Clearbrook.Convenience Site Albin Convenience Site 520,000 5200,000 TBD S4,065,5001 $357.850 $24.000 $418.850 — S377,850 S442,850 E 5377,850 $442,850 $349.550 51,000,000 TBD 524,065,500 — P,elocation/Expansion Gore Site General Government Capital Exper -------- 5200.000 --------- — 524,000 $200.000 --------- ------ S325,550 5200.000 ---- ------- - $200.000 - ------------ 520,000,000 - ----- $349.550 51,000,000 TBD 524,065.500 ------ E E E -- County/School Board Administration Building Joint Judicial Center Renovation / New Facility Fire & Rescue $4.285,500 5581,850 $642,850 S525,550 5200,000 520,000,000 526,235,750 $26.235,750 Fire & Rescue Station #22 (277) F&R Station #22 (2-/7) Apparatus $400,000 $100,000 $75,000 $33.000 S1,500,000 5805,000 S1,500,000 '— — $3,400,000 5905.000 53,400,000 S905,000 S3,700,000 S31,175.000 S3,750.000 54,396,000 Fire & Rescue Station #23 Regional TraininCenter S550,000 S100.000 52,150,000 S1.250.000 S1,000,000 $10.000.000 59,500.000 510.250.000 $3,700,000 531,175.000 Fire & Rescue Station #24 (Gainesboro) Station #13 (Clearbrook) Relocation 5250.000 588.000 $3.500,000 54,275.000 S3,750.000 $4,396.000 C E Fire & Rescue Company 5608,000 Capital Requests 53.293,000 512,675,000 S11,000.000 39,500.000 510,250.000 47,326,000 547,326.000 Fire & Rescue Capital Equipment 5200,000 See Fire & Rescue Company Requests (<5100K) S200,000 5200,000 5200,000 $200.000 51,000,00o E $1.000.000 S550,000 $550.000 Apparatus Ventilation System for Greenwood Vol. Fire & Rescue Co. Office and Living Quarters for Greenwood Vol. Fire & Rescue Co. 5550,000 5550,000 C C 5550.000 3550.000 $100,000 $800,000 Life Pack x3 for Middletown Vol. Fire &Rescue Co. — — Rescue Engine Replacement for Middletown Vol. Fire &Rescue Co. 5100,000 5800.000 C C T-�$100,000 $300,000 5342,766 North Mountain Fire & Rescue Co.Building Expansion -- — - S342.766 C -- $342,766 $2.542,766 5200.000 5200,000 5200,000 $200.000 so $3.342.766 53.342.766 Total $321,441,2661 $107,167.873 594,975,586 $47.238.825 S15,743.0001 $425,703.000 $996.254.550 $1,015,369,550 ' Fire & Rescue Company Capital Equipment Requests (<S100K) None so A= Partial funding from VA Dept. of Aviation N/A= Not Available 8= Partial funding from FAA TBD= To be Determined C= Partial funding from private donations D= Funding goes beyond displayed 5 years E= Partial funding anticipated through development & revenue sources F= Funding initiated prior to displayed 5 years `-A 40 0 • Mike Ruddy From: Rod Williams Sent: Thursday, December 04, 2014 4:18 PM To: Mike Ruddy Subject: RE: CB Ventures example proffer language Attachments: CB Ventures - proffer review to Montgomery 2014 12.pdf Mike, I am sending my latest comment letter (attached) on this. I did not necessarily want to suggest there all of the language, but if you want to follow up with them, if they seemed open to that, and subject to my changes/comments below, I have no problem with that. Site Development. 1. Property Access. Property access shall be via the two new entrances shown on GDP from Relocated Aylor Road, as approved by VDOT. Temporary access to the property may, in the interim, be via entrances on the existing portion of Aylor Road, as approved by VDOT, until such time the right of way for the future Aylor Road realignment improvement project is senveye constructed. This temporary access may cross the area identified for right of way dedication. Improvements necessary to utilize the two new entrances shown on the GDP after the conveyance shall be the responsibility of the Applicant. - Clearly show new entrances on GDP and label. COMMENTS: The first change relates to the fact that the access really changes upon construction, not conveyance. Re the italicized sentence, I am not sure it is fair (or perhaps it is unclear — add "internal" to "improvements"?). 2. Right of way dedication. The Right of Way for the future Aylor Road Realignment improvement project shown on GDP shall be conveyed for the development of said road to the Commonwealth of Virginia 90 days of a written request from either VDOT or Frederick County. All site development shall occur on the area outside of the area identified for future right of way dedication. The only exception to this requirement being the temporary access identified in Proffer 1. - Clearly show area of right of way dedication on GDP and label. COMMENTS: About the italicized sentence, I know that we try to do this with 37, but I think that where there is actually a proffer to dedicate that effectively limits the owner from building in that area. 3. Lighting. 0 0 All lighting shall be building mounted wall packs or on poles and shall be no higher than 20'. Lighting shall be downcast and shielded to prevent glare and intrusion of light onto adjoining properties. From: Mike Ruddy Sent: Wednesday, November 19, 2014 10:45 AM To: Rod Williams Subject: CB Ventures example proffer language I offered to suggest language that may be clearer to the Applicant to help move this project forward. What do you think? Mike. Michael T. Ruddy, AICP Deputy Director, Frederick County Department of Planning & Development 107 N. Kent Street Winchester, VA 22601 (540)665-5651 mruddy@fcva.us www.fcva.us/planning 2 artmen) Aerial Overview (1 of 3) ation • ••I Fairfax Pike (Route 277) Protect Location North Mow 6 Scale a L +►�oo.w+a•�.w�re c�r.y r r rw r a.►uywor wrr� XVDOTVirginia Department A of Transportation I Propci Location North Arrow & Scab Legend 0 erial Overview (1 of 3) irfax Pike (Route 277) a 0 Aerial Overview (1 of 3) of =rporat%ion Fairfax Pike (Route 277) NoM Amw & SCWS 16 0 84 I a • Aerial Overview (1 of 3) of Transportation Fairfax Pike (Route 277) Project LOC�011 • s North Mow 6 Scek i !!f •a.,r. �� 1F , � � rwn v.IN•' fMG�YVOr M�'.�w 1 �i l� 1_ w w _ / Jt .• { Imo, ize } ............... r,. 1%16L 11 V%f - . Z .anuo II CBVentures, LLC • 74A0318 74A03 Itt¢ ^ 7495 75A54 1 2 •03t6 19 PINS: 'A 74AC IJI` 7485 74 - A - 104,74 - A - 105 AA 74 A' IOJ I 1 Rezoning from B1 to B2 71A0316 74B S iC 125 13 .f71A0J16 • 748 5 71A0316 ,� 7 7 9A 71AOJ.J �2� 74 SS r 74A03.,11 dj w� fan•5 748 S 174ao; Id7A I�074B S 7q; • 748 S I,Zq I ID 7487 474aoJ j• 14.UJ 3I OfOF / JI1A 74BS �74A0J 7/ A 104 718 7 it 748.7 1 23 7/A03 a 71A0416� 1868 \� 74A03 183 74A0i3 312 , 255 122 -7/A07« 741 7 •3I2F 71A 1 S 254 7d 7 BS 1 t 2t53 _.. 1 74B•7 74B 7 2J0� 242 � 85 4 J *► 748.7 2 52 749,11, �r7. 1 243 2 J 1 L4 85 a�sa [7�7 2 SI 2J2, 240 244 � 8544 • . 748. lL F., 708.7 � , 7/8.7 • 748.7 2T5"0' �79 2 d� Id98 tt __ 74B 7 2 d9 38 741.7 2 06 74B•7 �B 7 74B 7 2 48 2 35 748.7 2 76 NeighborhoodApplications Sewer and Water Service Area Parcels e:�] Building Footprints B1 (Business, . 82 (Business. General B3 (Business. Industrial Transition District) EM (Extractive Manufacturing District) t, HE (Higher Education District) M1 (Industrial. Light District) M2 (Industrial. General District) MH1 (Mobile Home Community District) 41 MS (Medical Support District) .(Office R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RIP (Residential Performance District) StiM�ns City �e° i •'�94 7 t..p� � �, � s I �• ••: : ` f , FAIRFAX PIKE .—/ fMAM fA1°I(E Note: Frederick County Dept of REZ 4 05 - 14 Planning & Development 107 N Kent St e CB Ventures, LLC site 202 PINS: Winchester, VA 22601 74 - A - 104. 74 - A - 105 540 - 665 - 5651 Rezoning from B1 to B2 Map Created: November 25, 2014 Staff: mruddy 0 135 270 540 Feet i I I q t lN, MONTOOME" ' p la i o VENY M u.c - AnDR RQ�O &VOixurixf (jrowp, 1Ke. • COL � I ^_ : ! arepw RKa,M,f PROPOSED PROFFER STATEMENT REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): RZ# B1 to B2 2.42 acres Tax Map Parcel 74-((A))-104 & 105 CB Ventures, LLC. Montgomery Engineering Group, Inc. CB Ventures, LLC — Aylor Road May 13, 2014 November 19, 2014 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, 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 B2 rezoning is not granted as applied for by the applicant ("Applicant"), 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 Applicant elects not to submit development plans until such contest is resolved, the term final 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. 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. Any proffered conditions that would prevent the Applicant CB Ventures, LLC. from conforming to State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. r When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "CB Ventures, LLC — Aylor Road" dated February 23, 2014 revised November 1, 2014 (the "GDP") and is included in this proffer. Site Development. 1. Property Access. Property access shall be via the two new entrances shown on GDP from Relocated Aylor Road, as approved by VDOT. Temporary access to the property may, in the interim, be via entrances on the existing portion of Aylor Road, as approved by VDOT, until such time the right of way for the future Aylor Road realignment improvement project is conveyed to the Commonwealth of Virginia. This temporary access may cross the area identified for right of way dedication. Improvements necessary to utilize the two new entrances shown on the GDP after the conveyance shall be the responsibility of the Applicant. 2. Right of way dedication. The Right of Way for the future Aylor Road Realignment improvement project shown on GDP shall be conveyed for the development of said road to the Commonwealth of Virginia 90 days of a written request from either VDOT or Frederick County. All site development shall occur on the area outside of the area identified for future right of way dedication. The only exception to this requirement being the temporary access identified in Proffer 1. This property shall not be conveyed should road development not occur or if on a future VDOT 6 Year Plan, Aylor Road is no longer being considered for realignment. 3. Lighting. All lighting shall be building mounted wall packs or on poles and shall be no higher than 20'. Lighting shall be downcast and shielded to prevent glare and intrusion of light onto adjoining properties. 2 Respectfully submitted, Edward P. Browning, IV COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of , 2014, by NOTARY PUBLIC My commission expires: Commission number: Randy Craun COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: of The foregoing instrument was acknowledged before me this , 2014, by My commission expires: Commission number: NOTARY PUBLIC day 3 Ir MONTGOMERY S119ifferrilig yraup, He. November 1, 2014 Re: Rezoning CB Ventures — Aylor Road County of Frederick Department of Public Works 107 N. Kent St. Winchester, VA 22601-5000 Dear Mr. Strawsnyder: Per your attached comment letter dated June 30, 2014, we have made the following revisions. 1. Suitability of the Site: discussion has been expanded as requested. An Environmental Site Assessment was performed before the sell of property to CB Ventures. No contamination was found. I have attached a copy of the report for your use. 2. Refer to Drainage: noted and adjusted. 3. Refer to Solid Waste Disposal Facilities: noted and adjusted. Thank you for your help in this process. If you have any questions, give me a call. Sincer ly, Ben C. Montgo e y, PE r-I -,, _ 0 COUNTY of F R vDE RICK Depantmerit of Public 10/orks 5401665-5643 FAX: 540/ 678-0682 June 30, 2014 Mr. Ben Montgomery P.E. Montgomery Engineering Group, Inc. 132 Saddleback Lane Winchester, Virginia 22602 RE: Rezoning Request for 1033 Aylor Road Lots TM# 74((A)) — 104 and 105 Frederick County, Virginia Dear Mr. Montgomery: We have completed our review of your proposed rezoning request for the subject lots at 1033 Aylor Road and offer the following continents: 1. Refer to Suitability of the Site: Expand the discussion to indicate that lot 105 was once occupied by a gas station. The disposition of the underground fuel storage tanks should be addressed in the discussion. 2. Refer to Drainage: Any future drainage design shall be performed in accordance with Frederick County's recently adopted stormwater ordinance 11143. Also, any future stormwater designs should minimize any flows directed toward the existing residential development. 3. Refer to Solid Waste Disposal Facilities: The discussion should indicate that the property owner will be responsible for solid waste disposal including hauling and disposal. Frederick County does not provide this service for commercial property. I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely, Harvey E trawsnyder, Jr., E. Director of Public Works HES/rls cc: Planning and Development file 107 North Kent Street, Second Floor, Suite 200 9 Winchester, Virginia 22601-5000 • • I Mr. Ben Montgomery P.E. Montgomery Engineering Group, Inc. 132 Saddleback Lane Whiclicster, Virginia 22602 COUNTY of FREDERICK November 14, 2014 RE: Rezoning Request for CB VCIMH-cs, LLC — Aylor Road Frccierick County, Virginia Dear Mn Montgomery: Department of Public Works 540/ 665-5643 FAX: 540/ 678-0682 Your letter dated November I, 2014 has adcquatcly addressed our review comments dated Ruie 30, 2014. Therefore, Nve grant our approval of the proposed rezoning of lots TM# 74 ((A)) — 104 and 105 located on Aylor Road in Frcclerick County, Virginia. Sincerely, 4-01c. t�a� I-laivey E. Strawsnydcr, Jr., P.E. Director ol'Public Works HES/rls cc: Planning and Development 107 North Kent Street, Second Floor, Suite 200 • Winchester, Virginia 22601-5000 Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 Winchester, Virginia Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Flame: Montgomery Engineering Group, Inc. Telephone: 540-974-7382 Mailing Address: 132 Saddleback Lane Winchester, VA 22602 ben@MEGinc.biz Location of property: 1033 Aylor Rd. Stephens City, VA 22655 (TM #74 - ((A)) - 104 & 105) Current zoning: B1 Zoning requested: B2 Acreage: 2.42 Fire Marshal's Comments: d p I, ll: Fire Marshal's Signature & Date: �% I Notice to Fire Marshal - Please Return This Form to the Applicant 22 RECEIVED JUN23 2014 Control number RZ14-0002 Project Name 1033 Aylor Rd (2 lots) Address 132 Saddleback Ln Type Application Rezoning Current Zoning ~ B1 Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approved - re. Plan Approval Recomn Yes Frederick CoLpAty Fire and Rescue :., Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed Date Revised 6/23/2014 7/2/2014 Applicant Montgomery Engineering Group, Inc. City State Zip Applicant Phone Winchester VA 22602 540-974-7382 Tax ID Number Fire District Rescue District 74-A-104 & 105 11 11 Election District Recommendations Opequon Automatic Fire Alarm System Residential Sprinkler System Yes No (requirements Hydrant Location Adequate Roadway/Aisleway Width Adequate Fire Lane Required Yes Special Hazards No Mike Ruddy From: Rod Williams Sent: Thursday, December 04, 2014 4:18 PM To: Mike Ruddy Subject: RE: CB Ventures example proffer language Attachments: CB Ventures - proffer review to Montgomery 2014 12.pdf Mike, I am sending my latest comment letter (attached) on this. I did not necessarily want to suggest there all of the language, but if you want to follow up with them, if they seemed open to that, and subject to my changes/comments below, I have no problem with that. e Site Development. 1. Property Access. Property access shall be via the two new entrances shown on GDP from Relocated Aylor Road, as approved by VDOT. Temporary access to the property may, in the interim, be via entrances on the existing portion of Aylor Road, as approved by VDOT, until such time the right of way for the future Aylor Road realignment improvement project is Gopweyedl to the Commenwealth of Virginia constructed. This temporary access may cross the area identified for right of way dedication. Improvements necessary to utilize the two new entrances shown on the GDP after the conveyance shall be the responsibility of the Applicant. - Clearly show new entrances on GDP and label. COMMENTS: The first change relates to the fact that the access really changes upon construction, not conveyance. Re the italicized sentence, I am not sure it is fair (or perhaps it is unclear — add "internal" to "improvements"?). 2. Right of way dedication. The Right of Way for the future Aylor Road Realignment improvement project shown on GDP shall be conveyed for the development of said road to the Commonwealth of Virginia 90 days of a written request from either VDOT or Frederick County. All site development shall occur on the area outside of the area identified for future right of way dedication. The only exception to this requirement being the temporary access identified in Proffer 1. - Clearly show area of right of way dedication on GDP and label. COMMENTS: About the italicized sentence, I know that we try to do this with 37, but I think that where there is actually a proffer to dedicate that effectively limits the owner from building in that area. 3. Lighting. • • All lighting shall be building mounted wall packs or on poles and shall be no higher than 20'. Lighting shall be downcast and shielded to prevent glare and intrusion of light onto adjoining properties. From: Mike Ruddy Sent: Wednesday, November 19, 2014 10:45 AM To: Rod Williams Subject: CB Ventures example proffer language I offered to suggest language that may be clearer to the Applicant to help move this project forward. What do you think? Mike. Michael T. Ruddy, AICP Deputy Director, Frederick County Department of Planning & Development 107 N. Kent Street Winchester, VA 22601 (540)665-5651 mruddy@fcva.us www.fcva.us/planning 0 Mr. Benjamin C. Montgomery December 4, 2014 Page 3 I have not reviewed the substance of the proffers as to WI ether 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 Commission. Since ;�j ours, Roderick B* lliains County Attorney cc; Michael Ruddy, AICP, Deputy birector of Pla.mjing and Development (via e-mail) MONTGOMERY S1101ced,19 yroup' h/c. November 1, 2014 Re: Rezoning CB Ventures — Aylor Road Frederick County Sanitation Authority PO Box 1877. Winchester, VA 22604-8377 Dear Mr. Weindel: Per your attached comment letter dated June 6, 2014 and clarification email dated September 8, 2014, we have made the following revisions. The plan submitted did not clearly indicate the carwash shown is an existing carwash. The plan has been changed to reflect this current condition. This carwash may or may not be a part of future developments. We determined that the worst case land use from a water / sewer standpoint would be a Hotel. Our calculations indicate water usage for the maximum size hotel that would fit on lot to be 38,000 sf with an average monthly usage between 200,000 and 300,000 gallons per month. That has been added to the Impact Analysis Statement. The current line sizes will work for this quantity. Should a wastewater collector be used, that would be a part of the Site Plan Review process and not to be included here. Thank you for your help in this process. If you have any questions, give me a call. Sincerely, \f Ben C. Montgomery, PE s 0 Ben Montgomery From: Earl Wiley <ewiley@fcsa-water.com> Sent: Monday, September 08, 2014 9:52 AM To: Ben Montgomery Cc: Uwe Weindel Subject: RE: 1033 Aylor Road Rezoning Ben, Uwe has requested that you provide the flow data expected from the site as well as any info on any manufacturer's info on any oil separator for a car wash operation you expect to use. Also, will a waste water collector for reuse be used? Regards, Earl Frederick County Sanitation Authority From: Ben Montgomery [mailto:ben@meginc.biz] Sent: Wednesday, September 03, 2014 10:07 PM To: Earl Wiley; Uwe Weindel Subject: RE: 1033 Aylor Road Rezoning Earl, I received comments on the above referenced rezoning application from Mr. Weindel. I have added what I think could be his email address to send to him as well, but not sure if I have the correct address. Please forward if I did not. Mr. Weindel, In your comments you asked for technical analysis of the existing sewer system and existing water system to be served. I frankly have never done this type of analysis. I can easily produce an estimate of water demand and potential waste supply needed. I would need your help to give me the current water and sewer flow rates. I would also need your help to properly make this determination either by you personally or if you have an example of a previous calculation that met your requirement please forward to me. Would you have time to discuss this matter? Email is the best way to reach me, but I will return your call if I am not available should you call. Thank you, Ben C. Montgomery, PE Montgomery Engineering Group, Inc. (540) 974-7382 cell www.MEGinc.biz From: Earl Wiley[mailto:ewiley(-Ofcsa-water.com] Sent: Thursday, June 05, 2014 1:25 PM To: Ben C. Montgomery Subject: 1033 Aylor Road r 9) Ben, C] Please find attached, an overall map and site drawings. Also, this is the best email address to use for me. Regards, Earl W. Wiley Engineering Assistant 540.868.1061 Extension 1S Frederick County Sanitation Authority Physical Address: 315 Tasker Road, Stephens City VA 226SS Mailing Address: P.O. Box 1877, Winchester VA 22604 Website: www.fcsa-water.com �S�Y� �'IPZ7p FREDEMCK COUNTY SAI`�I[TATRCC N AlIJ7I'H[CORNY Post Office Box 1877 Winchester Virginia 22604-8377 June 6, 2014 Mr. Ben C. Montgomery Montgomery Engineering Group, Inc. 132 Saddleback Lane Winchester, Virginia 22602 Ref.: Rezoning Plan Comments 1033 Aylor Road Tax Map # 75-A-104 & 105 Dear Sir: P11. — (540)868- 1 061 Fax — (540)868-1429 www.fesa-wnicr.cnnr Uwe E. 1i'cindel, 1'.E. Engineer-Direefor Per your request, a review of the proposed rezoning plan has been performed. The Frederick County Sanitation Authority offers comments limited to the anticipated impact/effect upon the Authority's public water and sanitary sewer system and the demands thereon. The parcel is in the water and sanitary sewer area served by the Authority. Based on the location both water service and sanitary sewer service is available within a reasonable distance from the site. Sanitary sewer treatment capacity at the waste water treatment plant is also presently available. Sanitary sewer conveyance capacity and layout will be contingent on the applicant performing a technical analysis of the existing sanitary sewer system within the area to be served and the ability of the existing conveyance system to accept additional load. Likewise, water distribution capacity will require the applicant to perform a technical analysis of the existing system within the area to be served to determine available capacity. Water and sanitary sewers are to be constructed in accordance with the FCSA standards specifications. Dedicated easements may be requires and based on the layout vehicular access will need to be incorporated into the final design. All easements should be free from any encumbrance including permanent structures (fences, signs, etc.) and landscaping (trees, shrubs, etc.). Please be aware that the Authority does not review or comment upon proffers and/or conditions proposed or submitted by the applicant in support of or in conjunction with this application, nor does the Authority assume or undertake any responsibility to review or comment upon any amended proffers and/or conditions which the Applicant may hereafter provide to Frederick County. Thank you; Uwe E. Weindel, PE Engineer -Director WATER'S wORr11 IT Rezoning Comments Frederick -Winchester Service Authority Hand deliver to: Mail to: Fred -Wine Service Authority Fred -Wine Service Authority Attn: Jesse W. Moffett Attn: Jesse W. Moffett, Executive Director 107 North Kent Street P.O. Box 43 Winchester, Virginia Winchester, Virginia 22604 (540) 722-3579 Applicant: Please fill out the information as accurately aspossible form,location er to assist map, proffer statement,-" -" pp of our application Authority with their- review. Attach a copy y impact analysis, and any other pertinent information. -� �� � � -_ �� -• -„ `0 974-7382 ApplicantMontome Engineering Group, Inc. Telephone: 's Name: g ry Mailing Address: 132 Saddleback Lane Winchester, VA 22602 ben@MEGinc.biz Location of property: p rty: 1033 Aylor Rd. Stephens City, VA 22655 (TM #74 - ((A)) - 104 & 105) g z.a2 Current zoning: B1 Zoning requested: B2 Acreage: Fred -Wine Service Authority's Comments: d!A Garmne Ns Fred -Wine Service A i ty's�� Signattue &Date: Notice to Fred -Wine Service Authority - Please Return Form to Applicant 33 D ! I i� 11 I J u H 2 3 ?,111 /. I11 ; ;' IV MONTGOMERY Sggilfee'riog �roup' ifte. November 1, 2014 Re: Rezoning CB Ventures — Aylor Road County of Frederick County Attorney 107 N. Kent St. Winchester, VA 22601-5000 Dear Mr. Williams: Per your attached comment letter dated August 14, 2014, we have made the following revisions. 1. Change made as specified. 2. Change made as specified. 3. Note for date changed to reflect current drawing revision. Statement added concerning entrances. 4. Land uses that will not be allowed per the proffer statement have been added. 5. This proffer is affective when VDOT begins the Aylor Road realignment and ends upon changes to the VDOT 6 Year Plan where the realignment is no longer being considered. Statement added to that effect. Proffer is to the Commonwealth as stated. 6. No Comment 7. Signature lines added. Signatures shall be made at time of acceptance by County Attorney. Thank you for your help in this process. If you have any questions, give me a call. nSincerely, rnl. Montgomery, PE • I August 14, 2014 VIA E-MAIL — ben(i MEGinc.biz — AND REGULAR MAIL Mr. Benjamin C. Montgomery Mo.itgomcry Engineering Group, inc. 132 Saddleback Lane Winchester, Virginia 22602 COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us Re: Rezoning Application — CB Ventures, LLC Parcel Numbers 74-A-104 and 74-A-105, consisting of 2.42± acres (the "Properties") Proffer Statement dated May 21, 2014 Dear Mr. Montgomery: You have submitted to Frederick County for review the above -referenced proposed proffer statement (the "Proffer Statement") for the proposed rezoning of the Properties, in the Opequon Magisterial District, from the B 1 (Neighborhood Business) District to the B2 (General Business) District, subject to proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: I . First introductory paragraph — The last sentence defines the term "rezoning", but to be COLS13Lc fit w' i the earlier language in the paragraph, the definition should be that of the term "final rezoning". 2. Second introductory paragraph — The term "Applicant" should also include the current owner of the Property. Second introductory paragraph — In the reference to the Generalized Development Plan ("GDP"), the revision date of the plan accompanying the materials submitted bears a revision date of May 30, 2014 and not May 13, 2014. Also, the Proffer Statement does not state a time or event by which a reduction to the two entrances shown on the GDP will occur and by which the additional entrances will be closed. 107 North Kent Street - Winchester, Virginia 22601 0 Mr. Benjamin C. Montgomery August 14, 2014 Page 2 4. Proffer 1 — The proffer does not actually state an obligation, as it simply reiterates the premise of the rezoning application that the requested rezoning is to the B2 District and therefore to allow such uses. 5. Proffer 2: a. The proffer does not state a specific time or event by which the dedication of the right-of-way for the Aylor Road realignment will occur. b. Staff should be aware that the obligation to dedicate the right-of-way is ineffective if new development does not occur on the Properties. c. The proffer should clarify that the right-of-way dedication would be either to the Commonwealth or the County, as appropriate. d. Staff should be aware that the right-of-way dedication does not necessarily address the impacts of a 30% increase in vehicle trips to/from the Properties, as identified in the impact analysis accompanying the application materials. For instance, the proffer does not provide for any turn lanes. The relocation of Aylor Road does not necessarily increase the capacity of that facility itself, as opposed to allowing greater functionality of the intersections along Route 277, including the intersection with Aylor Road. 6. Staff should be aware that the impact analysis accompanying the application materials asserts that the county's tax base "will increase with only minimal service requirements". Staff may wish to undertake independent analysis. 7. Signature — The signature should indicate that it is on behalf of CB Ventures, LLC as owner of the Properties and state the capacity/title of the person signing. At present, the signature is only that of Mr. Craun in his personal capacity and would not be effective to bind CB Ventures, LLC. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate or this sp'ecife developineti`, as it. is my gn.derstanding that that _review will be done by staff and the Planning Commission. Sincerel yours, Roderick B. Williams County Attorney cc: Michael Ruddy, AICP, Deputy Director of Planning and Development (via e-mail) E LI Rezoning Comments Town of Stephens City Mail to: Town of Stephens City Attn: Town Manager P.O. Box 250 Stephens City, Virginia 22655 (540) 869-3087 Hand deliver to: Town of Stephens City Attn: Town Manager Stephens City Town Hall 1033 Locust Street Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Town of Stephens City with their review. Attach a copy of your application form, location map, proffer statement; impact analysis, and any other pertinent information. Applicants Name: Montgomery Engineering Group, Inc. `Telephone: 540-974-7382 Mailing Address: 132 Saddleback Lane Winchester, VA 22602 ben@MEGinc.biz Location of property: 1033 Aylor Rd. Stephens City, VA 22655 (TM #74 - ((A)) - 104 & 105) Current zoning: B1 Zoning requested: B2 Acreage: 2.42 Town of Stephen City's Comments: 41; /,ss u�,0 Town of Stephens City's Signature & Date: Notice to the Town of Stephens City - Please Return Form to Applicant 28 Lr,I,rr`�Ilr rr, Frcclerick C011llty Virg111i u ,lr rt(1 Tc-r Pay/Lookup "faxes Nntr I',c the pi Jill 4,�% Il,r %om hi ,N%,ci to pnnl ❑ Cup) ul'the <CICCn at am Inns Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCarl(0) Pin Options Change Email 1 Real Estate Ticket Detail Previous 2013 REAL ESTATE Dept/picket# IRE2013 / 397090002 Frequency F Supplclnent/i ILI Name JCB VENTURES LLC Map/1 174 A 104 Accounill 23451 Name 2 1 Bill Date 04/12/2013 Acreage 0.980 Address BOX 127081740 Due Dale 12/05/2013 Improvements $253,500.00 Dese LOT E S CITY Land Value S275,200.00 SIOUX FALLS SD 1.98 ACRE Land Use $0.00 Zip 57186 1 Minerals $0.00 Penalty Paid S0.00 Interest Paid $0.00 Las( Transaction Date 12/10/2013 Current Payment Stabs Original Bill Payments Principle Balance Due Penally Interest Balance Due S1,54645 ($1,546.45) S0.00 S0.00 So.00 $0.00 Transaction History Date l'ype Transaclionli Amount Balance 4/12/2013 Charge 0 S1,546.45 S1,546.45 12/9//2013 Principle Paid 13977 (S1,546.45) S0.00 Previous I redci ick Ifumc FI-CCICI-iCk County Vil'gilliai LtIt,ITT1(t Tel Pair/Lookup 'faxes \,u; I'.� Ihr print ).r� h,r "nu hrn�"ci Ir, pion a eup� nflhc .cirrn al am umr Payment Home Personal Property Real Estate Dog Tags Pay Paving Violation Other Payments ShoppingCart(0) Pin Options l..nange unaii Real Estate Ticket Detail Previous 2013 REAL ESTATE DcPtlPicketil RE2013 / 82430002 I Frequency 2a Supplement/I ILI Name JCB VENTURES LLC Mapli 174 A 105 ACCOUIttll 23452 Name 21 Bill Date o4/12/2013 Acreage 1.440 Address BOX 127081740 Due Dale 12/05/2013 Improvements $0.00 Desc I LOT E STEPHENS CITY Land Value $575,400.00 SIOUX FALLS SD 11.44 ACRES Larld Use $0.00 Zip 57186 1 Minerals $0.00 Penalty Paid 50.00 Interest Paid $0.00 Last Transaction Date 12/10/2013 Current Payment Status Original Bill Payments Principle Balance Due Penalty Interest Balance Due 51.68304 ($1,683.04) $0.00 $0.00 $0.00 $0.00 i•ransaction Ilisfory Date 'Type Transactionfl Amount Balance 4/13/2013 Charge 0 S1,683.04 S1,683.04 I2/9/2013 Principle Paid 13977 ($1,683.0,1) $0.00 Previous H b b Q Michael L. Bryan VSB 415737 116 S. Braddock St. Winchester, VA CD W -J CA) 130004757 THIS DEED, made and dated this -�L] day of April, 2013, by and between NVA WASH. LLC, a Virginia limited liability company, party of the first part, hereinafter called the Grantor; and CB VENTURES LLC, a Virginia limited liability company party of the second part, hereinafter called the Grantee. NOW, THEREFORE WITNESSETH: That for and in consideration of the premises and the sum of Ten Dollars ($10.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey, with general of title, unto the Grantee, in fee simple, the following described property, to -wit: All that certain lot of land lying and being situate in Opequon Magisterial District, Frederick County, Virginia, located on the southeast side of Aylor Road (Route 647), designated as Lot "E" on the plat and survey of Lee A. Ebert, C.L.S., dated August 10, 1970, attached to that certain Deed dated October 7, 1971 and recorded in Deed Book 383, at Page 464, and being a portion of the same property conveyed to NVA Wash, LLC, a Virginia limited liability company, from Upper Crust LLC, a Virginia limited liability company, by Deed dated April ay , 2013, and recorded in the aforesaid Clerk's Office as Instrument No. IS 00 d 47-5 Tax Map No.: 74-A-104 This conveyance is made subject to all casements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired orlapsed. The Grantor does hereby covenant that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. CD w WITNESS the following signature and seal: NVA WASH, LLC By; 1. (SEAL) Anthony N. Tandoh, anager STATE OF VIRGINIA, AT LARGE, City/eount"f U/ ►'n&4tv , to -wit: The foregoing instrument was acknowledged before me, a Notary Public in and for the State and Jurisdiction aforesaid, this dt-1 lay of April, 2013, by Anthony N. Tandoh as Manager of NVA Wash, LLC, a Virginia limited liability My Commission expires: -1 131 l t`1 THIS INSTRUMENT PREPARED BY: Michael L. Bryan, Esquire VSB #15737 Bryan & Coleman, P.L.C. 116 South Braddock Street Winchester, Virginia 22601 RY PUBLIC to �,`�y�,�s• M• .NFL, '•NOTARY '•. Zi 2 • PUB '• Ar :. REG, #138418 n : W COMMISSION : �c o DMRES e MLB/pmn cADcedswvA Wash to CB Vemures Yii<GINMA: FR.:-.DElZ1CK COUNTY.SCf. anon3 Tim instrument of wrihng was produced to me on ,ir.J .pith ccrlil , :� dent thereto annexed �LisadmitICd i.. Ad, L h)Sec. 5L8.1-802of 00 i,,av,: been paid, if assessable. -1 �v.Gecut �`i'Gr , Clerk l Michael L. Bryan VSB #15737 116 S. Braddock St. Winchester, VA 0 0 CD W iJ) 130004754 Y THIS DEED, made and dated this 9�4Aay of April, 2013, by and between CRAUN. LLC, a Virginia limited liability company, and EDWARD P. BROWNING, IV, parties of the first part, hereinafter called the Grantors; and CB VENTURES LLC, a Virginia limited liability company party of the second part, hereinafter called the Grantee. o NOW, THEREFORE WITNESSETH: That for and in consideration of the z premises and the sum of Ten Dollars ($10.00), cash in hand paid, receipt of which is hereby n acknowledged, the Grantors do hereby grant, bargain, sell and convey, with general warranty P of title, unto the Grantee, in fee simple, the following described property, to -wit: o All of that certain lot or parcel of land located on the Eastern side of N Route 647, just North of Route 277, in Opcquon Magisterial District, Frederick County, Virginia, located on the southeast side of Aylor Road (Route 647), designated as Lot F containing 1.44 acres, more or less, more particularly described by plat and survey drawn by Lee A. Ebert, C.L.S., dated August 10, „ . 1970, attached to that certain Deed dated August 19, 1970, of record in the v Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed 0 -� Book 367, at Page 545. And Being the same lands conveyed to Craun, LLC, a 0 3 Virginia limited liability company, and Edward P. Browning, IV, by that certain Deed dated September 1, 2005, of record in the aforesaid Clerk's Office as Instrument No. 050020170. b Tax Map No.: 74-A-105 Q w This conveyance is made subject to all easements, rights of way and restrictions of C cd c7 record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired 0 orlapsed. n c o c Q The Grantor does hereby covenant that it has the right to convey to the Grantee; that �4 the Grantee shall have quiet and peaceable possession of the said property, free from all c � o liens and encumbrances; and it will grant such further assurances of title as may be requisite. C .N v O vvi � U Q F hiichnel L. Bryan VSB H 15737 116 S. Braddock St. Winchester, VA Michael L. Bryan VSB #15737 116 S. Braddock St. Winchester, VA WITNESS the following signature and seal: CRAUN, LLC ZBY: A�f SEAL) andolph A. Craun, Manager STATE OF VIRGINIA, AT LARGE, Cityzounty-of to -wit: The foregoing instrument was acknowledged before me, a Notary Public in and for the State and Jurisdiction aforesaid, this 4y day of April, 2013, by Randolph A. Craun as Manager of Craun, LLC, a Virginia limited liability coi My Commission expires: NE�y Q , :��p ' . //OJT•` ,�10NW E A�1 STATE OF VIRGINIA, AT LARGE, City/Gounty—of W" n, to -wit: r p�7 NOTARY PUBLIC G (SEAL) EDWARD P. BROWNING, IV The foregoing instrument was acknowledged before me, a Notary Public in and for the State and Jurisdiction aforesaid, this e)q day of April, 2013, by Edward P. Browning, 1V. My Commission expires: NFL 01 4RY ZZ BLIC - taEG • SLOB - * THIS fi�l� , ,i3A�1"N�'fo�'� I�PARED BYvIRG1` ' .. This in�c; u,... '' :;' ''. �: l; i '.SC . �'vIVEA i���%%�`V ;,�J,� t : �.1 nIU } N;il produced to ITIc Ulf Michael L. Bryan, Esquire VSB 415737 4-a -- ! -?3 ,,t 'I'm oi�to'11111cxa Bryan & Coleman, P.L.C. and ti�'i:11 ; . 116 South Braddock Street was aur.I�t; ., :..::a. i .•., -� by Sec. 5S.1-802 of Winchester, Virginia 22601 .575 $ L:• - i.Iiave been paid, if asscssahlc. Mf.B/pnm / c',Dccd!Xraun-©rowningroNVA Wash Cd't / �• + Cl�ri, 4110;13 • Ur y r.11 0 1 R is 130005349 RECERTIFICATION OF ACKNOWLEDGMENT FOR CREDIT LINE DEED OF TRUST RECORDED AS INSTRUMENT NO. 130004758 t) CD Iv Return to: Michael L. Bryan, Esquire, 116 South Braddock Street, Winchester, Virginia 22601 I, Phyllis M. Newlin, a Notary Public of the County of Frederick, Commonwealth of Virginia, whose Commission expires on July 31, 2014, do hereby certify and acknowledge that Randolph A. Craun, as Manager/Owner/Member of CB Ventures LLC, a Virginia limited liability company, and Edward P. Browning, IV as Owner/Member of CB Ventures LLC, a Virginia limited liability company, as the Grantor under that certain Credit Line Deed of Trust dated April 24, 2013 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia on April 24, 2013 as Instrument No. 130004758, by and between Grantor, CB Ventures LLC, a Virginia limited liability company, Trustees, Dennis Snyder and Garth Kunkle, and Lender, Summit Community Bank; which terms and conditions are incorporated herein by reference as if fully set forth, personally appeared before me on April 24, 2013, acknowledging to me that they signed the above -referenced instrument incorporated herein by reference. The purpose of this Recertification is to correct the omission of my commission expiration from the notary acknowledgment block that I signed on the above -referenced instrument. IN WITNESS WHEREOF, the undersigned has duly executed this instrument, this the 7th day of May, 2013. / I `�%111i11t// .%%�,L�S, Q�Z' . • NOTARY ' % .2� pueuc REG. #138448 •: k W COMMISSION : Q O'• I E Z. �'. 1 ► ,: Phyllis M. Newlin, Notary Public My Commission Expires: 7/31/14 State of Virginia, City of Winchester I, Sharon M. Butler, a Notary in the above referenced County and State, do hereby certify that Phyllis M. Newlin personally appeared before me this day, and acknowledged the due 4 execution of the foregoing instrument. Date: May 7, 2013 aa'n'N My Commission Expires: January 31, 2014 VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on at V 2 q AiK and with certificate of acknowledgement thereto annexed was W1, o record. Tax imposed by Sea 58.1-802 of and 58.1.801 have been paid, if assessable Clerk J �11$$1i1111/li �C N M, * : PUBLIC ; kEQ, #258315 • SSION ?�O•. IN O C7 130005348 -- RECERTIFICATION OF ACKNOWLEDGMENT FOR CREDIT LINE DEED OF TRUST RECORDED AS INSTRUMENT NO. 130004755 Return to: Michael L. Bryan, Esquire, 116 South Braddock Street, Winchester, Virginia 22601 I, Phyllis M. Newlin, a Notary Public of the County of Frederick, Commonwealth of Virginia, whose Commission expires on July 31, 2014. do hereby certify and acknowledge that Randolph A. Craun, as Manager/Owner/Member-of CB Ventures LLC, a Virginia limited liability company, and Edward P. Browning, IV as Owner/Member of CB Ventures LLC, a Virginia limited liability company, as the Grantor under that certain Credit Line Deed of Trust dated April 24, 2013 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia on April 24, 2013 as Instrument No. 130004755, by and between Grantor, CB Ventures LLC, a Virginia limited liability company, Trustees, Dennis Snyder and Garth Kunkle, and Lender, Summit Community Bank; which terms and conditions are incorporated herein by reference as if fully set forth, personally appeared before me on April 24, 2013, acknowledging to me that they signed the above -referenced instrument incorporated herein by reference. The purpose of this Recertification is to correct the omission of my commission expiration from the notary acknowledgment block that I signed on the above -referenced instrument. IN WITNESS WHEREOF, the undersigned has duly executed this instrument, this the 7th day of May, 2013. /1 1 J . NEW Z :' • o\3ev3 ..• Q 4 • AEG' #1M�SS�ON : z :; �•.• � ::ate , o Phyllis'M. Newlin, Notary' Public My Commission Expires: 7/31/14 State of Virginia, City of Winchester I, Sharon M. Butler, a Notary in the above referenced County and x %%% ON State, do hereby certify that Phyllis M. Newlin personally 0TA ; �,�.•'"""• ��l�_�'; appeared before me this day, and acknowledged the due pUBllC •' ;.(gyp execution of the foregoing instrument. 0 HEt3. 1`2�315 p lwyoomosslot4 = Date: May 7, 2013 • R `r` Notary Publ c ; �o • f ��; My Commission Expires: January 31, 2014 ''1,,FALTH �F 0,�`` 1►1110 VIRGINIA: FREDERICK COUNTY, SCI'. 'lhis ii str=e�nt�of writing was produced to me on '3 at �•� id with certificate of acknowledgement thereto annexe( as admitted to record. Tax imposed by Sec. 58.1-802 of .;.WA_, , and 58.1-801 have been paid, if assessable 4e.t A,4109-"� , Clerk JUN 2 0 2014 FREDERICK COUNTY PLANNING AND DEVELOPMENT Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE In7ITIAL A -ND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUAfENTDOESA,1OTMEETYOUR,4PPROVAL PLEXSEPRO UDE CWMEA'TS AS TO WH,4 T YOU WO ULD LIKE TO H,4 VE COWLETED. Candice Mark Dave Eric ik:e:) John COMMENTS: Initials Date & Time Received by Clerical Staff (Date & Time): (S:Oftice on BlackboxlFormslDocument Approval Form—12/27/13) COUNTY of FREDRRICK Department of Planning and Development. 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING December 23, 2014 TO: TI4E APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-14 FOR CB VENTURES, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, January 7, 2015 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-14 CB VENTURES, LLC., submitted by CB Ventures, LLC., to rezone 2.42 acres of property from B 1 (Neighborhood Business) District to 132 (General Business) District with proffers. The property is located at 1033 Aylor Road in Stephens City and is identified by Property Identification Numbers 74-((A))-104 and 74-((A))-105 in the Opecluon Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 NOTIFICATION OF PUBLIC HEARING December 23, 2014 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-15 FOR CB VENTURES, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, January 7, 2015 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #03-14 CB VENTURES, LLC., submitted by Montgomery Engineering Group, Inc., to rezone 2.42 acre of property from B1 (Neighborhood, Business) District to B2 (Business, General) District with proffers. The property is located at 1033 Aylor Road in Stephens City and is identified by Property Identification Numbers 74-((A))-104 and 74-((A))-105 in the Opeyuon Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy. AICP Deputy Planning Director MTR/pd To: Barbara -Data Processing C� �, • • From: Pam -Planning Dept. lrn 1 Please rint 1— sets of labels -IL1� { -((A J � 1 G4 r—__- ---- - by 12 1-1 1 i Thanks! 4 (A)) — �dS I ADJOINING PROPERTY OWNERS 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 Property Identification Number Address NameWilliam L Stiebel 1110 Breckinridge Ln Winchester, VA 22601 Property �74B-51-D NameGarrett Ent. Ltd. 1841 W Plaza Dr. Winchester, VA 22601 Property �85-4-1 Nay„ewinchester Medical Center 1840 Amherst Winchester, VA 22601 Property-=85-4-2 & 3 NaricMarshall Conner 100 Downing Dr Stephens City, VA 22655 Property ,7413-7-2-26 NameKaren M Pawlak 104 Downing Circle Stephens City, VA 22655 Propem tt74B-7-2-27 NameKevin and Stacey Chapman 106 Downing Circle Stephens City, VA 22655 Property 97413-7-2-28 NameRoger & Cynthia Layman 1215 Marlboro Rd Stephens City, VA 22655 Property �74B-7-2-29 NameUlysses & Dorthy Carriker 110 Downing Circle Stephens City, VA 22655 Property P17413-7-2-30 tiameRonald & Sandra Mitchell 112 Downing Circle Stephens City, VA 22655 Property ::74B-7-2-31 �kt?#A 3 3 9A N p Hvtivc s G,�j � 74-A- 103 Glt*,w C;e.ha,.a4-co+�. LI.0 7��F�to3- a-1g7A "p��3�.• cke. iZc,� A'jo 0 F����s c,+y . V aas LL 5 —1 -C(A)) �O5 ADJOINING PROPERTY OWNERS 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 Property Identification Number Address NameWilliam L Stiebel 1110 Breckinridge Ln IWinchester, VA 22601 Property 1#7413-51-D NameGarrett Ent. Ltd. 1841 W Plaza Dr. Winchester, VA 22601 Property ##85-4-1 NameWinchester Medical Center 1840 Amherst Winchester, VA 22601 Property ##85-4-2 & 3 NameMarshall Conner 100 Downing Dr Stephens City, VA 22655 Property #74B-7-2-26 NameKaren M Pawlak 1104 Downing Circle Stephens City, VA 22655 Property ##7413-7-2-27 1 NameKevin and Stacey Chapman 106 Downing Circle Stephens City, VA 22655 Property #74B-7-2-28 ger & Cynthia Layman F 1215 Marlboro Rd Stephens City, VA 22655 74B-7-2-29 NameUlysses & Dorthy Carriker 110 Downing Circle Stephens City, VA 22655 Property ##74B-7-2-30 NameRonald & Sandra Mitchell 112 Downing Circle Stephens City, VA 22655 Property ##74B-7-2-31 �p-1*A 03.3- JA Hm"p+" Hwwj. s 74-A- 103 Glrw^ Grc*Awa4-,.wL U.-C. 74A03- A- Ig7A b� P u;v%- tA " kc JZc�.F� � A'�p �%►w�. 0 cry . 0 0 Page 1 of' 1 Selected PAR('I;1, FcaLtuc I I I N, Record Number Taxma p Insert Double Scclion Lot Sublet Owner's Name 0mier's Name (Cont.) Omler's Address Oirncr's Address (Con[,) Ole ner's Zip Code 1'IIN•sical Address Acreage 1 Zoning Total Int nroventenis Dotal Land Value Total Pro ieriv Value Instrument Year InsLruntent Numhcr Deed Book Number Deed Book Page Number Bitildin g Sc . Ft. Month Lasl Sold Dale Last Sold Year Lasl Sold ,selling Price Legal Description 0BJEC fID 74A03 3 9A 22695 74 A 03 3 A I IAMPTON I IONIFS LLC 217 OAK LIT DR 11252 2i438 00000 0.71 10 110(l 1100 2004 I0601 0 8 2004 -1500 .71 ACRE _1 littp://gist.co.freclei-ick.va.us/Preeance/Client/PublicAecessl/printl�ramc.html 12/12/2014 0 0 Page I of I Selected PARC1:1. feature PIN Record Number Tasnta p Insert Double Section Lol Sublol Owner's Name Owner's Name (Coal.) Opener's Address Opener's Address (Cool.) opener's Zip Code Physical Address Acreage Zoning Total Improvements Total Land Value Total 111-o pert' Value Instrument Year Instrument Number Dced Book Nmnbcr Deed Book Page Number Building Sc . Ft. Month Lust Sold Date Last Sold Year Last Sold Selling Price Legal Description OBJECTID 74 A 103 23450 74 A 103 C'I.I:M GI:NFRATION I.LC PO 13OX 31 22655 00000 3.3 RI 9500 9500 2011 3277 1 13 2011 630000 3.30 AC'RI:S -1 littl):Hgist.co.fi-ederick.va.Lis/Freeaiice/Client/PublicAccessl/printFrame.html 12/12/2014 0 Page 1 of 1 Selected PARCI:1. I cature PIN Record \umber Taxnua i Insert Double Section Lot Soblot Owner's Name Owner's Name (Coal.) 0mler's Address Miler's Address (Coat.) Owner's Zip Code PbN-sical Address Acreage 7.oming Total Improvements 'total Land Value 'Dotal Pro lerty Value Instrument Year Instrument Number Deed Book Number Dccd Book Page Number Building Sc . Pt. \lonih Last Sold Date Last Sold Year Last Sold Selling Price Legal Description 01MEICI'ID 74A03 A 187A »GJ 1 74 A03 A 187 A PINK-RURKIi REALTY I.LC 2224 WH,SON BLVD 22601 00000 BERKSI IIRF CT 1.36 R3 549700 58100 607800 934 1712 7744 26 1999 1.36 ACRES -I littp://gist.co.li-ederick.va.us/Fi•ceance/Client/PublicAccess 1 /pi•intl, Cal)7e.11tl)lI 12/12/2014 This is to certify that the at`-Lached correspondence Nvas Ae� d to the follo�wing on � 1 t-\ from the Department of Planning and Development, Frederick County, Virginia: 85 .4- - 3- 74 - A- - 104- CB VENTURES LLC BOX 127081740 SIOUX FALLS SO 74 - A- - 105- CB VENTURES LLC BOX 127081740 SIOUX FALLS SD 74B - 5. 1- D- STIEBEL WILLIAM L 1110 BRECKINRIDGE LN WINCHESTER VA WINCHESTER MEDICAL CENTER INC 1840 AMHERST ST WINCHESTER VA 22601.2808 57186 74B - 7- 2- 26- CONNER MARSHALL MONROE 100 DOWNING CIR STEPHENS CITY VA 22655-3101 57186 74B - 7- 2. 27- PAWLAK KAREN M 104 DOWNING CIR STEPHENS CITY VA 22655.3101 22601.6709 85 -4- - 1- GARRETT ENTERPRISES LTD 1841 W PLAZA DR WINCHESTER VA 22601.6365 85 -4- - 2- WINCHESTER MEDICAL CENTER INC 1840 AMHERST ST WINCHESTER VA 22601.2808 STATE OF VIRGINTIA COUNTY OF FREDERICK 74B - 7- 2- 28- CHAPMAN KEVIN R CHAPMAN STACEY E 106 DOWNING CIR STEPHENS CITY VA 22655.3101 74B - 7. 2. 29- LAYMAN ROGER A LAYMAN CYNTHIA J 1215 MARLBORO RD STEPHENS CITY VA 22655-5250 o n Michael T. Ruddy, Deputy Planning Dir ctor Frederick County Planning Departme�t� Zu a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated 1�+ a 6d ( �j , has personally appeared before me and acknowledged the same in my State aand�County aforesaid. Given under my hand this �3 day of C� U l My commission expires on 4_�_e � 6 c . 3 a01'1 i'AMALA DEF1REGISTRATION N Lri NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OECEMBER 3' 2017 NOTARY PUBLIC 74B - 7- 2- 30- CARRIKER ULYSSES CARRIKER DOROTHY C 110 DOWNING CIR STEPHENS CITY VA 22655-3101 74B - 7- 2- 31- MITCHELL RONALD A MITCHELL SANDRA N 112 DOWNING CIR STEPHENS CITY VA 22655.3101 74AO3- 3- - 9-A HAMPTON HOMES LLC 217 OAK LEE DR # 252 RANSON WV 25438-4871 74 - A- - 103- CLEM GENERATION LLC PO BOX 31 STEPHENS CITY VA 22655.0031 74AO3- A. - 187-A PINE-BURKE REALTY LLC 2224 WILSON BLVD WINCHESTER VA 22601-3636 74AO3- A- - 160- TOWN OF STEPHENS CITY PO BOX 250 STEPHENS CITY VA 22655.0250 Montgomery Engineering Group, Inc 132 Saddleback Lane Winchester, VA 22601 CB Ventures, LLC 130 Hawthrone Dr. Winchester, VA 22601 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 25, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION 405-14 FOR CB VENTURES, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, March 11 , 2015 at 7:00 pan. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 405-14 CB VENTURES, LLC., submitted by CB Ventures, LLC., to rezone 2.42 acres of property from B I (Neighborhood Business) District to 132 (General Business) District with proffers. The property is located at 1033 Aylor Road in Stephens City and is identified by Property Identification Numbers 74-((A))-104 and 74-((A))-105 in the Opequon Magisterial District. A copy of the application will be available for review at the I-Iandlcy 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.co. frederick.va. us. Sincerely, -- /Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 C� • COUNTY of FREDERICK Department of'Planning and Development. 540/665-S651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING February 25, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-14 FOR CB VENTURES, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, March 11 , 2015 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-14 CB VENTURES, LLC., submitted by CB Ventures, LLC., to rezone 2.42 acres of property from B 1 (Neighborhood Business) District to 132 (General Business) District with proffers. The property is located at 1033 Aylor Road in Stephens City and is identified by Property Identification Numbers 74-((A))-104 and 74-((A))-105 in the Opequon Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Mrchael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 `l'his i.s certify tha'�"'ihe at�ached correspondence v,1as i�'�.led to the follov,ing on S- j— from the Depai-tn-,ent of Plaluiing and Dez7eloprrient, Frederick Co- ty-irginia: 85 A. - 3- 74 - A• . 104- CB VENTURES LLC BOX 127081740 SIOUX FALLS SD 74 - A- - 105- CB VENTURES LLC BOX 127081740 SIOUX FALLS SD WINCHESTER MEDICAL CENTER INC 1840 AMHERST ST WINCHESTER VA 22601.2808 57186 74B • 7- 2- 26- CONNER MARSHALL MONROE 100 DOWNING CIR 22655 3101 STEPHENS CITY VA 74B - 5. 1- D- STIEBEL WILLIAM L 1110 BRECKINRIDGE LN WINCHESTER VA 57186 74B - 7- 2- 27- PAWLAK KAREN M 104 DOWNING CIR STEPHENS CITY VA 22601.6709 85 •4- • 1 - GARRETT ENTERPRISES LTD 1841 W PLAZA DR 22601.6365 WINCHESTER VA 85 -4• • 2- WINCHESTER MEDICAL CENTER INC 1840 AMHERST ST WINCHESTER VA 22601.2808 STATE OF VIRGINIA COUNTY OF FREDERICK 74B - 7- 2- 28- CHAPMAN KEVIN R CHAPMAN STACEY E 106 DOWNING CIR STEPHENS CITY VA 74B • 7.2• 29- LAYMAN ROGER A LAYMAN CYNTHIA J 1215 MARLBORO RD STEPHENS CITY VA 22655.3101 22655-3101 22655.5250 Michael T. Ruddy, Deputy Planning Directo Frederick County Planning Department a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of P'a 'a and Development, whose name is signed to the foregoing, dated ) 5 , has personally appeared before me and acknowledged the same in my 7 State and County aforesaid. Given under my hand this `� S day of My commission expires on NOTARY PUBLIC 74B - 7- 2- 30- CARRIKER ULYSSES CARRIKER DOROTHY C 110 DOWNING CIR STEPHENS CITY VA 74B - 7- 2- 31- MITCHELL RONALD A MITCHELL SANDRA N 112 DOWNING CIR STEPHENS CITY VA 74A03.3- - 9-A HAMPTON HOMES LLC 217 OAK LEE DR # 252 RANSON WV 74 - A- - 103- CLEM GENERATION LLC PO BOX 31 STEPHENS CITY VA 74A03- A- - 187-A PINE-BURKE REALTY LLC 2224 WILSON BLVD WINCHESTER VA 74A03- A- - 160- TOWN OF STEPHENS CITY PO BOX 250 STEPHENS CITY VA NOTIFICATION OF PUBLIC HEARING January 14, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-14 FOR CB VENTURES, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 28, 2015 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-14 CB VENTURES, LLC., submitted by CB Ventures, LLC., to rezone 2.42 acres of property from B1 (Neighborhood Business) District to B2 (General Business) District with proffers. The property is located at 1033 Aylor Road in Stephens City and is identified by Property Identification Numbers 74-((A))-104 and 74-((A))-105 in the Opequon Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 11 f j�, ------------ - . J QAO'/ju.( J J COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING May 27, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 1/05-14 FOR CB VENTURES, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, June 10, 2015 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-14 CB VENTURES, LLC., submitted by CB Ventures, LLC., to rezone 2.42 acres of property from B 1 (Neighborhood Business) District to 132 (General Business) District with proffers. The property is located at 1033 Aylor Road in Stephens City and is identified by Property Identification Numbers 74-((A))-104 and 74-((A))-105 in the Opequon Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, I/X11 C'�It:"_'; l �� Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING May 27, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-14 FOR CB VENTURES, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, June 10, 2015 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-14 CB VENTURES, LLC., submitted by CB Ventures, LLC., to rezone 2.42 acres of property from B 1 (Neighborhood Business) District to B2 (General Business) District with proffers. The property is located at 1033 Aylor Road in Stephens City and is identified by Property Identification Numbers 74-((A))-104 and 74-((A))-105 in the Opequon Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.feva.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify t1iothe attached correspondence «vas 1pailtd to the follovring on from the Depaiilnent of Planning and Development, Frederick County, Virginia: 74B - 7- 2- 27- PAWLAK KAREN M /4 - A• • 1U4- 104 DOWNING CIR CB VENTURES LLC STEPHENS CITY VA 22655.3101 BOX 127081740 74B . 7. 2. 28- SIOUX FALLS SO 57186.0001 CHAPMAN KEVIN R I • A- - IUb• CHAPMAN STACEY E CB VENTURES LLC 106 DOWNING CIR BOX 127081740 STEPHENS CITY VA 22655.3101 SIOUX FALLS SO 57186.0001 74B - 7. 2. 29. 74B . 5- 1• D- LAYMAN ROGER A STIEBEL WILLIAM L LAYMAN CYNTHIA J 1110 BRECKINRIDGE LN 1215 MARLBORO RD WINCHESTER VA 22601.6709 85 -4• . 1- STEPHENS CITY VA 22655 5250 GARRETT ENTERPRISES LTD 74B . 7. 2. 30- 1841 W PLAZA OR CARRIKER ULYSSES WINCHESTER VA 22601-6365 CARRIKER DOROTHY C 85 -4• - 2• 110 DOWNING CIR STEPHENS CITY VA 22655 3101 WINCHESTER MEDICAL CENTER INC 74B . 7.2- 31- 1840 AMHERST ST MITCHELL RONALD A WINCHESTER VA 22601.2800 MITCHELL SANDRA N 85 •4• . 3- 112 DOWNING CIR WINCHESTER MEDICAL CENTER INC 1840 AMHERST ST STEPHENS CITY VA 22655.3101 WINCHESTER VA 22601.2808 74B - 7. 2. 26- CONNER MARSHALL MONROE 100 DOWNING CIR STEPHENS CITY VA 22655.3101 .4441chael T. Ruddy, Deputy Planning Director Frederick County Planning Department STATE OF VIRGD\'IA COUN V OF FREDERICK L , LkJ cd tz�, a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated ojc:�t:4 &17 'N'' ) '.-2-016�has personally appeared before me and acknowledged the same in my State�and County aforesaid. Given under my hand this 077 1k7'day of a j a<�p2 fl My commission expires on NOTARY PUBLIC DIANE L. WALSH NOTARY PUBLIC REGISTRATION-# 354475 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JUNE 30, 2016 /4AU3.3- - H-A HAMPTON HOMES LLC 217 OAK LEE OR # 252 25438.4871 RANSON WV /4 -A- -7U3- CLEM GENERATION LLC PO BOX 31 STEPHENS CITY VA 22655.0031 74A03- A- - 187-A PINE-BURKE REALTY LLC 2224 WILSON BLVD WINCHESTER VA 22601-3636 Town of Stephens City P.O. Box 250 Stephens City, VA 22655 V, �L o4 4 ADJOINING PROPERTY OWNERS To: -Data Processing From: Pam -Planning Dept. Please print °t sets of labels by � �55 _Thanks! 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. lame and Property Identification Number F Address NameWilliam L Stiebel 1110 Breckinridge Ln Winchester, VA 22601 Properly #74B-51-D NameGarrett Ent. Ltd, 1841 W Plaza Dr, Winchester, VA 22601 Property;-85-4-1 N,im, Winchester Medical Center 1840 Amherst Winchester, VA 22601 Propcn} ::85-4-2 & 3 Nat„eMarshall Conner 100 Downing Dr Stephens City, VA 22655 Property �74B-7-2-26 NameKaren M Pawlak 104 Downing Circle Stephens City, VA 22655 I'r�pert> :=74B-7-2-27 NameKevin and Stacey Chapman 106 Downing Circle Stephens City, VA 22655 Propertv�7413-7-2-28 NameRoger & Cynthia Layman 1215 Marlboro Rd Stephens City, VA 22655 Property �7413-7-2-29 NameUlysseS & Dorthy Carriker 110 Downing Circle Stephens City, VA 22655 Property ,:74B-7-2-30 ./ NameRonald & Sandra Mitchell 112 Downing Circle Stephens City, VA 22655 Propert> ;:74B-7-2-31 -1*A 03- 3- IA,/ 19-A- 103 ✓ No�,w,p+�n Ncrw�c s Glrw� Grt,ha.�a�ew� L.L.C. 7'tA03- A-1g7A 'sp11;►ticA,,,,rkt JZA . J,� alb '�a�w v�. 0 F' �+ei� I ins Cufy . Bend along line to Wcow_Rvp5161p I expose Pop-up EdgeTh' 1�'� d 74B - 7. 2. 27- PAWLAK KAREN M 104 DOWNING CIR STEPHENS CITY VA 22655.3101 74B - 7. 2. 27- PAWLAK KAREN M 104 DOWNING CIR STEPHENS CITY VA 22655.3101 74B - 7- 2- 2B- CHAPMAN KEVIN R CHAPMAN STACEY E 106 DOWNING CIR STEPHENS CITY VA 22655.3101 74B - 7- 2- 28- CHAPMAN KEVIN R CHAPMAN STACEY E 106 DOWNING CIR STEPHENS CITY VA 22655.3101 74B - 7- 2- 29- LAYMAN ROGER A LAYMAN CYNTHIA J 1215 MARLBORO RD STEPHENS CITY VA 22655.5250 74B - 7- 2- 29- LAYMAN ROGER A LAYMAN CYNTHIA J 1215 MARLBORO RD STEPHENS CITY VA 22655.5250 74B - 7- 2- 30- CARRIKER ULYSSES CARRIKER DOROTHY C 110 DOWNING CIR STEPHENS CITY VA 22655.3101 74B - 7. 2. 30- CARRIKER ULYSSES CARRIKER DOROTHY C 110 DOWNING CIR STEPHENS CITY VA 22655.3101 74B - 7.2- 31- MITCHELL RONALD A MITCHELL SANDRA N 112 DOWNING CIR STEPHENS CITY VA 22655.3101 74B - 7. 2. 31- MITCHELL RONALD A MITCHELL SANDRA N 112 DOWNING CIR STEPHENS CITY VA 22655-3101 Repliez a la hachure a'fin de www.avery.com I reveler le rebord Pop-upf`c 1-800-GO-AVERY j Rend along line to �����®G�6 yp expose Pop-up EdgeTM f 74B - 5. 1- D- STIEBEL WILLIAM L 1110 BRECKINRIDGE LN WINCHESTER VA 22601-6709 74B - 5. 1- D- STIEBEL WILLIAM L 1110 BRECKINRIDGE LN WINCHESTER VA 22601.6709 85 -4- - 1- GARRETT ENTERPRISES LTD 1841 W PLAZA OR WINCHESTER VA 22601.6365 85 -4- - 1- GARRETT ENTERPRISES LTD 1841 W PLAZA DR WINCHESTER VA 22601.6365 85 -4- - 2- WINCHESTER MEDICAL CENTER INC 1840 AMHERST ST WINCHESTER VA 22601.2808 85 -4- - 2- WINCHESTER MEDICAL CENTER INC 1840 AMHERST ST WINCHESTER VA 22601.2808 85 -4- - 3- WINCHESTER MEDICAL CENTER INC 1840 AMHERST ST WINCHESTER VA 22601.2808 85 -4- - 3- WINCHESTER MEDICAL CENTER INC 1840 AMHERST ST WINCHESTER VA 22601.2808 74B - 7. 2. 26- CONNER MARSHALL MONROE 100 DOWNING CIR STEPHENS CITY VA 22655.3101 74B - 7. 2. 26- CONNER MARSHALL MONROE 100 DOWNING CIR STEPHENS CITY VA 22655.3101 Repliez A la hachure afin de www.avery.com reveler le rebord Pop-upe` 1-800-GO-AVERY Bend along line to expose Pop-up Edge TIA 74 - A- - 104- CB VENTURES LLC BOX 127081740 SIOUX FALLS SO 74 - A- - 104- CB VENTURES LLC BOX 127081740 SIOUX FALLS SO 74 - A- - 105- CB VENTURES LLC BOX 127081740 SIOUX FALLS SO 74 - A- - 105- CB VENTURES LLC BOX 127081740 SIOUX FALLS SO 74A03. 3- - 9-A HAMPTON HOMES LLC 217 OAK LEE DR 11252 RANSON WV 74A03. 3- - 9-A HAMPTON HOMES LLC 217 OAK LEE DR # 252 RANSON WV i I!/�` fERV 12 5`I61 " 57186.0001 57186.0001 57186.0001 57186.0001 25438.4871 25438-4871 74 - A- - 103- CLEM GENERATION LLC PO BOX 31 STEPHENS CITY VA 22655.0931 74 - A- - 103- CLEM GENERATION LLC PO BOX 31 STEPHENS CITY VA 22655.0031 74A03- A- - 187-A PINE-BURKE REALTY LLC 2224 WILSON BLVD WINCHESTER VA 22601.3636 74A03- A- - 187-A PINE-BURKE REALTY LLC 2224 WILSON BLVD WINCHESTER VA 22601.3636 Repliez a la hachure afin de www.avery.com I reveler le rebord Pop-up"` 1-800-GO-AVER`! j COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 23, 2014 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-14 FOR CB VENTURES, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, January 7, 2015 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-14 CB VENTURES, LLC., submitted by CB Ventures, LLC., to rezone 2.42 acres of property from B 1 (Neighborhood Business) District to B2 (General Business) District with proffers. The property is located at 1033 Aylor Road in Stephens City and is identified by Property Identification Numbers 74-((A))-104 and 74-((A))-105 in the Opequon Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 FRti CLt ciUr� COUNTY Pt ANNIN3 ANf?_DEFLCPnnFa!�_ rrAA V� 1✓ 74A03.3- - 9-A / HAMUM4HMES LLC 217 Q DR # 25 2—RA-NSDN WH -4871 NIXIE 212 DE 1 009 0002 f 03 / 15 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD Rf 77RA'75ARAgq *lgg7—A3gC5-7�-47 t tt t t ttt t tt t u tta tt it ttt ti "tt: #41 t"ttt ''#ti"' COUNTY of FREDERICK Department of Planning and Development. 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING February 25, 2015 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-14 FOR CB VENTURES, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, March 11 , 2015 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 405-14 CB VENTURES, LLC., submitted by CB Ventures, LLC., to rezone 2.42 acres of property from B1 (Neighborhood Business) District to B2 (General Business) District with proffers. The property is located at 1033 Aylor Road in Stephens City and is identified by Property Identification Numbers 74-((A))-104 and 74-((A))-105 in the Opecluon Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: ww,A,.co.frcderick.va.us. Sincerely, /.---- Michael T. Ruddy, AICP Deputy Planning Director MTR/pd / 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 N10 '%/A COUNTY of FREDERICK vA 2�� ) Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 74A03- 3- - 9-A HAMPTON HOMES LLC 217 OAK LEE DR # 252 RANSON WV NIXIE 212 7E 1009 0003/16/'15 RETURN TO BENDER NOT DELIVERABLE AS ADDRESSED 1 1 AI fl 0 1 C T /i A t% LP A O f1 N I•AN L.L I V r''J I\ff Rl\V $C: Z2001500099 *1317-01474-2S-43 0'1`111„ii01iui10111!'iI!Id!IiiIdi1 I COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 May 27, 2015 NOTIFICATION OF PUBLIC MEETING TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 405-14 FOR CB VENTURES, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, June 10, 2015 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-14 CB VENTURES, LLC., submitted by CB Ventures, LLC., to rezone 2.42 acres of property from B 1 (Neighborhood Business) District to 132 (General Business) District with proffers. The property is located at 1033 Aylor Road in Stephens City and is identified by Property Identification Numbers 74-((A))-104 and 74-((A))-105 in the Opequon Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 �l PTO00. -Ut COUNTY of FREDERICK — Hasler Z I %C� �� 05/27J2015 Department of Planning & Development ,\ 107 North Kent Street, Suite 202 S Winchester, Virginia 22601 NIxtE 212 ;:E 1*99 9986/03 f 15 ETURN TO SEDER NOT DERLIVERABLE ASN ADDRESSED UNABLE TO FORWARD SC: 22601500099 *0692-05999-03-29 �IIIIIIIII�Ij�lftlllilllllrlii;Ili;,;l'll�lft�llil�illlfl�iill;,� FiP,ST-CLASS "01"11 ZIP 22601 011D11646815 & 40 DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA J-�A K GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: REQUESTED COMPLETION DATE: REQUESTING AGENT: Department, Agency, or Company: Mailing and/or Billing Address: Telephont;: FAX. E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional information on back of request) -7y--((A)1- (05 CP� Ve�lu�e DIGITAL: PAPER:______ FAX: E-MAIL: SIZES: NUMBER OF COPIES: COLOR: BLACKIWHITE: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) NOTIFICATION OF PUBLIC HEARING December 23, 2014 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #O1-15 FOR CB VENTURES, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, January 7, 2015 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #03-14 CB VENTURES, LLC., submitted by Montgomery Engineering Group, Inc., to rezone 2.42 acre of property from B 1 (Neighborhood, Business) District to B2 (Business, General) District with proffers. The property is located at 1033 Aylor Road in Stephens City and is identified by Property Identification Numbers 74-((A))-104 and 74-((A))-105 in the Opequon Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.fi-ederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/pd a V , LLC, A)) ` I Oak 5 -C(A)) -- L05 (�AI)JOINING PROPERTY OWNERS 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 Conunissioner 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 Property Identification Number NameWilliam L Stiebel Property #74 B-51-D [NamEeGarrett Ent. Ltd. op-4-1 NameWinchester Medical Center Property #85-4-2 & 3 Conner [N:ameM:arshall roperty 874B-7-2-26 NameKaren M Pawlak Property #743-7-2-27 NaineKevin and Stacey Chapman Property #74B-7-2-28 NameRoger & Cynthia Layman Property #7413-7-2-29 NameUlysses & Dorthy Carriker Property 1/7413-7-2-30 NameRonald & Sandra Mitchell 1 Property #t74B-7-2-31 Address 1110 Breckinridge Ln Winchester, VA 22601 1841 W Plaza Dr. Winchester, VA 22601 1840 Amherst Winchester, VA 22601 100 Downing Dr Stephens City, VA 22655 104 Downing Circle Stephens City, VA 22655 106 Downing Circle Stephens City, VA 22655 1215 Marlboro Rd Stephens City, VA 22655 110 Downing Circle Stephens City, VA 22655 12 Downing Circle Stephens City, VA 22655 0 40 -CIJLC� 4A) Document Approval Form p�c�c�od� I N(",I 1 2�14 l� I FREDEHIGK COUNTY PLANNING AND DEVELOPMENT PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOC T: YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL, PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HA VE COMPLETED. Candice Mark Dave Eric Mike John COMMENTS: Ckc Initials Date & Time -� �L�LA o � Received by Clerical Staff (Date & Time): (S:Office on Blackbox\Forms\Documen t Approval Form 07/16/2014) 5 FFiEDEN1�� COUNTY PI ANNING AND DEVELOPMENT