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HomeMy WebLinkAbout03-15 MBC, LC Redbud PIN 55-A-34 & 34A MH1-B3 to B2 - BackfileREZONING TRACKING SHEET Check List: / Application Form ✓ Fee & Sign Deposit ✓ Proffer Statement �� Deed �— Impact Analysis �� Plat/Survey Adjoiner List Taxes Paid Statement c I 5 Sys ID # File opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping :application Action Summary updated Planning; Commission Meeting; Board of Supervisors Meeting ACTION: WVC ACTION: Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Proffers recorded NOTES RECEIPT RECEIVED ADDRESS { FOR M �- / ACCOUNT HOW PAID A,\tT. OF ACCOUNT G\$H AA1T. CHECK BALANCE MONEY DUE ORDER [SATE —J�S�_ NO- 5 3 3 2 2 %!, �, c SC�nGt 4�� D ;=:7 A:�- BY CS'2001 r�rrart.�, I3LFi1II • LA June 15, 2015 Mr. Gary Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 RE: REZONING #03-15 MBC LC PIN: 55-A-34 and 55-A-34A Dear Gary: COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Pax: 540/ 665-6395 This letter serves to confirm action taken by the Prederick County Board of Supervisors at their meeting on .tune 10, 2015. The above -referenced application was approved to rezone 2.96+/- acres as follow: 0.60+/- acres from MI -II (Mobile Home Community) District to B2 (General Business) District and 2.36+/- acres from B3 (Industrial Transition) District to B2 (General Business) District Nvith proffers approved as amended at Board of Supervisors meeting or] JUrle 10, 2015. The properties are located on the southern side of Route 7, and '/ miles east of Winchester at Eckard Circle in the Redbud Magisterial District. The proffer statement, originally dated February 26, 2015, with final revision date of June 10, 2015, which reflects the approved proffers as amended at the Board of Supervisors meeting on June 10, 2015 that were subsequently signed by the Applicant. The proffers were approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy, AICP Deputy Director MTR/pd Attachments cc: Jason E. Ranson, Supervisor Red Bud District Charles Dunlap and Christopher Mohn, Red Bud District Planning Commissioners Jane Anderson, Real Estate Ellen Murpliy, Commissioner- of Revenue MBC, LC, 202 North Loudoun St., Winchester, VA 22601 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Rezoning: Property: Record Owner: Project Name: Original Date of Proffers: Revision Date: RZ # 03-15 Area: 2.96 acres Tax Parcels 55-(A)-34 & 55-(A)-34A MBC, LC MBC Rezoning Februa►y 26, 2015 April 3, 2015 May 11, 2015 June 1, 2015 ,June 10, 2015 Magisterial District: Redbud Pursuant to Section 15.2-2296 Ft. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #_-15 for rezoning of 2.96-acres from the B-3 & MIJ-1 Districts to General Business (B-2) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. h1 the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this owner and their legal successors, heirs, or assigns. The Properties are more particularly described as the lands conveyed to MBC, LC from Mildred F. Cole as recorded in the Frederick County Circuit Court Clerk's Office as instrument 400013492 dated December 1, 2000. Proffers: 1. Transportation a. Access i. The eastern existing entrance on Berryville Pike (Route 7) near Eckard Circle shall be closed prior to the first occupancy permit. ii. An entrance onto Eckard Circle shall be utilized until development on the Properties creates more than 500 VPD. iii. The western entrance on the Properties from Berryville Pike (Route 7) shall be improved to current VDOT standards prior to the first Occupancy permit. Iv. A right turn lane warrant analysis shall be submitted with ally site plan for any site entrance located along the frontage of Route 7. b. Dedication and Pedestrian Access The owner hereby proffers to dedicate additional land along Berryville Pike to provide a minimum of 60' of right of way from the centerline of eastbound Route 7. This is will be done prior to the first occupancy permit. ii. The owner- hereby proffers to Construct a 10' paved hiker/bike trail along the Property's frontage with Berryville Pike per the 2030 Comprehensive Plan. This is will be done prior to the first occupancy permit. iii. The owner proffers to contribute $10,000 to Frederick County for transportation improvements along Route 7 when uses generate more than 500 vehicle trips per day (VPD) computed at site plan submission. iv. When uses on the Properties generate more than 1,500 VPD as computed at site plan submission; the owner will contribute an additional $50,000 to Frederick County for transportation improvements along Route 7. 2 Development Cap i. In conformance with the Traffic Impact Analysis prepared by Stowe Engineering, PLC in 2015, the development of the property shall generate a maximum of 2,977 vehicles per day per the 9th edition of ITE Trip Generation. If a property use is proposed with a higher daily trip generation at site plan submission, a revised Traffic Impact Analysis shall be included with the submission of the site plan. Fire & Rescue — Monetary Contributions a. The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. Considerations for neighboring Mobile Home Park a. The owner proffers that outdoor construction activities, on the Properties, shall not begin prior 7:30 AM and will conclude no later than 7:30 PM. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: ZZ, v�G: By: MBC, LC c r gir-a J�� 1 ��rs,�. Date Commonwealth of Virginia, City/County of ��� \��csi �" To Wit: ,k1N The foregoing instrument was acknowledged before me this Q day of , vnC , 20 15 By \1'Vh\-� 1\ Y N-c,t,-4 Public Registration Number My Commission Expires Lj 3c>' �4O Imo% 3 0 ! COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Pax: 540/ 665-6395 June 1 l , 2015 Mr. Gary Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 RE: REZONING #03-15 AMC, LC PIN: 55-A-34 and 55-A-34A Dear Gary: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on June 10, 2015. The above -referenced application was approved to rezone 2.96+/- acres as follow: 0.60+/- acres from MI-I1 (Mobile Home Community) District to B2 (General Business) District and 2.36+/- acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers approved as amended at Board of Supervisors meeting on June 10, 2015. The properties are located on the southern side of Route 7, and '/ miles east of Winchester at Eckard Circle in the Redbud Magisterial District. The proffer statement, originally dated February 26, 2015, with final revision date of June 1, 2015, proffers approved as amended at the Board of Supervisors meeting on June 10, 2015. The proffers Nvere approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, c�ciG�r—/ L Michael T. Ruddy, AICP Deputy Director MTR/pd Attachment cc: Jason E. Ranson, Supervisor Red Bud District Charles Dunlap and Christopher Mohn, Red Bud District Planning Commissioners Jane Anderson, Real Estate Ellen Muiphy, Commissioner of Revenue MBC, LC, 202 North Loudoun St., Winchester, VA 22601 Rod Williams, County Attorney w/Proffer and Resolution 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 REZONING APPLICATION 803-15 MBC, LC Staff Report for the Board of Supervisors PI•epared: ,June 1, 2015 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 05/06/15 Recommended Approval Board of Supervisors: 06/10/15 Pending PROPOSAL: To rezone 2.96+/- acres as follows: 0.60-1-/- acres from MI -I I (Mobile Home Community) District to B2 (General Business) District and 2.36 acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers. LOCATION: The properties are located on the southern side of Route 7, and }/4 miles east of Winchester at Eckard Circle. PLANNING COMMISSION RECOMMENDATION AND EXECUTIVE SUMMARY FOR THE 06/10/15 BOARD OF SUPERVISORS MEETING: The Planning Commission I'econiniended approval of this i-ezoning request, an application to rezone a total of 2.96 acres of land from MH1 (Mobile Home Community) llistrict and B3 (Industrial Transition) District to B2 (General Business) District with proffers, to accommodate commercial uses. Planning Commission members inquired about the importance of a site plan in regards to the number of vehicle trips per day and requested clarification of the proffer for the hiking/bike trail. The Applicant noted there is a challenge with a site this small. This was followed by a Commissioner who noted it may be helpful to incorporate a GDP with the application. The Applicant has provided a revised proffer statement dated ,June 1, 2015 that has made fui-thel- adjustments based on additional comments provided by VDOT. Please see the letter provided by Mr. Oates, dated .tune 1, 2015, that describes the changes (letter attached). While these changes are mostly organizational, it should be noted that one comment, Comment #13 from VDOT regarding vehicle queuing at the Regency Lakes left turn lane from Route 7 eastbound, is outstanding. This comment has been addressed by the Applicant by recognizing their potential future contribution to the overall pedestrian improvements in the area, rather than the turn lane improvements on Route 7 at the intersection of Regency Lakes Drive. In summary, this is an application to rezone a total of 2.96 acres ofland from B3 (Industrial Transition) District with restrictive proffers and the MI-I1 (Mobile Home Community) District to B2 (General Business) District with proffers to accommodate commercial uses. The property is located within Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). In general, the proposed commercial land use designation for this property is consistent with the current land use supported by the Comprehensive Plan which continues to promote the existing commercial land uses along the Route 7 corridor. This general area continues to contain and promote both commercial and residential land uses. Rezoning 1103-15MBC, LC Jnlle 1, 2015 Page 2 With this rezoning, the applicant has proffered that this project will contribute to off -site pedestrian improvements based Upon all increase ill the II1tCnSity Of the L1SC Of this Site. With a maxII11L1111 cap oil the total Vehicle Trips per Day for this site of 2,799 VPD, the transportation impacts associated with this request are limited to an extent. The Board should evaluate if the approach to addressing the transportation coIllponent of the application is acceptable, and the amOLlllt of the potential proffer appropriate. Aside from this, the application appears to have mitigated many Of the impacts associated with the rezoning request. The Planning Commission affirmed this with their recommendation of approval. 1'ollon,ing the required public hearin,(, a decision regarding this rezoning application by the Board Of Supervisors ivould be appropriate. The applicant should be prepared to adegulltelli, address all concerns raised by the Board of Supervisors. Rezoning 1103-15MC, LC June 1, 2015 Page 3 This report is prepared by the Frederick County Planning Staff' to provide inforination to the Planning Commission and the Board of Supel'vlsom to assist them in staking a decision on this application. It may also be ustful to others intei,ested in this Zonl/lg mattes% f' wesolved issues concerning this application are noted by staff ivhei-e Pelevallt thl'oughout this staff report. Reviewed Action Planning Commission: 05/06 /15 Recommended Approval Board of Supenisors: 06/10/15 Pending PROPOSAL: To rezone 2.96+/- acres as follows: 0.60d-/- acres from MI -I l (Mobile Home Community) District to B2 (General Business) District and 2.36 acres from 133 (Industrial Transition) District to B2 (General Business) District with proffers. LOCATION: The properties are located on the southern side of Route 7, and '/4 miles east of Winchester at Eckard Circle. MAGISTERIAL DISTRICT: Redbud PROPERTY ID NUMBERS: 55-A-34 and 55-A-34A PROPERTY ZONING: B3 (Industrial Transition) with Proffers that allow only one use; Mobile Home Sales. PRESENT USE: Vacant. ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) Use: Commercial RP (Residential Performance) Residential/Assisted Living South: MI-I1 (Mobile Home) Use: Mobile I-Iome Community Last: B2 (General Business) Use: Commercial West: M2 (Heavy Industrial) Use: Industrial Rezoning 1103-15MBC, LC June 1, 2015 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see attached email claled lllarch 23, 2015fi•om jLlaltheiv E. Smith, P.E. Fire and Rescue: Plan approved. Public Works Department: The proposed rezoning of 2.96 aeres owned by MBC, LC is approved by The Public Works Department without further comments. Frederick County Sanitation Authority: Please see allached leper clalecl blanch 2, 2013,.Ji-om Ulne e. Yheindel, PE. Frederick -Winchester Service ALItho1'ity: The applicant riceds to be clearer oil sewer and water. 20" water easement has nothing to do with sewer conveyance. Does water main exist in casement? No technical con-imcilts. Frederick County Park & Recreation: Parks and Recreation encourages the profTcreCi support for a Route 7 pedestrian crossing. However; identifying this as "in the vicinity of Millwood Drive" will put the crossing at a signalized intersection and is advised. Frederick County Public Schools: No comments. Frederick County Attorney: Please see allached letter datecl Allarch 27, 2015, ftom Roclerick B. Yhilliams, County. Attorney. Planning & Zoning: 1) Site History In 1995, the property for which this rezoning being requested was subject to rezoning application R7-#03-95. This application was for a B3 (I11dustrial Transition) commercial zoning with proffers. The proffer statement was very specific in that it stated that the rezoned property shall only be used for manufactured home model display and sales with associated office. The property was previously zoned B2 (General Business). 2) Comprehensive Policy Plan The 2030 Comprelensive 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 componcnts of comllmunity lime. The primary goal ofthis 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. U Rezoning 1103-15MBC, LC June 1, 2015 Page 5 file Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. In order for any proposed rezoning to be approved, the applicants will be expected to contribute a reasonable portion of the costs of new or expanded illfl'astructurc needed to serve the proposed developIllent. Such contIibutions call be ill the form of cash, dedicated land, Or COIIStl'Lleted improvements or ill any other manner consistent with the COCK of Virginia. [2030 Comprehensive Plan, Implementing the Plan, ICJ Rezoning requests Should be evaluated to determine their potential impacts on public facilities. Costs to the County should be estimated in terms ol'what impact the development, which could result from the proposed rezoning, would have on public facilities and infrastructure. [2030 Comprehensive Plan, Implementing the Plan, I/] Rezoning requests should not be approved unless the net ilnpacts on public facilities are positive, or unless the negative impacts can be adegUately addressed through proffers or some Other means. A request foI' rezoning may be turricCl CIOWII CVC11 tllollgh all Fiscal impacts appeal' to be addressed. If there are other impacts which are not addressed by the rezoning application, or if the request does not Conform to this plan, a similar Illethod should be developed for determining the impacts of proposed developments on transportation systems and other pLlbllc facilities. [2030 Comprehensive Plan, Implementing the Plan, f�J 'File 2030 Comprehensive Plan and the Senseny/Eastern Frederick Urban Area Plan provide gUidallCe OIl the fUtUre development Of the property, file property is located within the UDA and S WSA. The 2030 Comprehensive Plan identifies the general area SLII'I'OL111dillg this property with a high density residential land use designation. Historically, this property has been identified With a commercial land Use designation and the area fronting along Route 7 has developed commercially. In general, the proposed commercial land use designation for this property is consistent With the Current land use Supported by the Comprehensive Plan which continues to promote the existing commercial land uses along the ROLItc 7 corridor. This general area C011t1I1LICS t0 contain and promote both Commercial and residential land uses. Site Access and 'Transportation. The Eastern Road Plan and the Senseny/Eastern Frederick Urban Area Plan Call for Route 7 to be an improved major arterial road. Access to this site will be via a direct connection to Route 7, Berryville Pike, and indirectly, from Eckard Circle. `file site is located in close proximity to the intersection of ROLItc 7, Blossom Drive, and Millbrook Drive, a direct route to the Millbrook High and RCd Bud Run Elementary school Cluster, and the southern entrance to the Third Battle of Winchester Battlefield site. As a result of this, concern has previously been expressed about egress from this site for traffic looking t0 travel west on Route 7. In addition, the location of this intersection provides an opportunity to address pedestrian accommodations at this location that would benefit pedestrians and bicyclists using this area. Rezoning 1103-15MBC, LC June 1, 2015 Page 6 The application proposes to stage the use of the entrances to this site based upon vehicle trip counts; closing the easternmost entrance (closest to the existing signal) with any development on the site and utilizing an entrance onto Pckard Circle until 500 Vehicle Trips per Day (VPD) is achieved. The westernmost entrance will be improved and ultimately be the entrance serving the site. As part of the development of this site, additional right-of-way will be dedicated along Route 7 and a 10' hike/bike trail will be COnStrUctcd. In addition, the owner proffers to contribute additional money available for pedestrian improvements along the Route 7 corridor; $10,000 when the use of the property generates more than 500 Vehicle Trips per Day (VPD), and $50,000 when uses on the property generate more than 1,500 VPD. It is noted that the guaranteed improvements are the same as those that would be required with the development of the Site and the proffered contributions for additional pedestrian Improvements would Only occur if the use of the property increases in the future. Enviromienl. Issues concerning water quality, quantity, use, and protection of water resources are directly related to land development activities. Water Supplies are needed to Support development, while surface and groundwater are potentially affected by development activities [2030 Comprehensive Plan, Seclion 1,11, Natural Resources.l. Hislon). According to the Rural Landmarks Survey, there are no significant historic Structures located on the properties nor are there any possible historic districts in the vicinity. 3) Site Suitability/Environment The site is not located within or near any 100 year Iloodplains. In addition, there are no woodlands or other environmental features on the site. 4) Potential Impacts It Should be noted that this application provides no limitation on the potential commercial land use that may be developed on the site. All land uses permitted in the B2 District would be allowed. However, it is unlikely that they would be able to develop at their maximum intensity due to the Vehicle Trip per Day (VPD) cap that the Applicant has proffered (2,977 VPD). The Application has addressed the potential impacts of this rezoning request by linking improvements to the vehicle trip count, therefore, the majority of the impacts addressed deal with transportation. This is a highway commercial location and a more intensive development proposal would be appropriate. As Such, it is important to ensure the impacts associated with such a development are addressed. Rezoning 1103-15MBC, LC June I, 2015 Page 7 5) Transportation improvements to Route 7, Berryville Pike, arc anticipated in the future. Therefore, it is important that the right-of-way needs f or the fLlture improvements to ROLIte 7 are accommodated, and the application provides some contribution to transportation improvements resulting from the impacts of this new development. file additional dedication Of right-of-way along Berryville Pike to provide a minimum right-ol=way of 60' from the road centerline of eastbound Route 7 appears to be SufFICient. The proposed monetary ContrlbUtlon may be all acceptable alternative to the actual COI1StrLICtiOn of physical improvements. It should be determined if the amount and timing of the contribution is sufficient given the potential use of the property. Frederick County Transportation Comments: Due to the recent receipt of VDOT's comments on the package and their concerns with the TIA, staff would note that any comments that follow could be amended upon seeing updates/corrections to the TIA. Staff is supportive of the entrance limitations and pedestrians enhancements proffered by the applicant. However, as VDOT did, staff would note that there IS a possible nccd for a right tL1171 lane into the proposed entrance on Route 7 and would suggest that warrants be run to determine tliis. Due to the phased nature Of the transportation proffers and the associated trips, perhaps the turn lane can be accommodated the same way. Finally, regarding R-O-W, it appears that 10' is sufficient, but staff would recommend following VDOT's recommendation Of a conceptual layout to evaluate this. Proffer Statement A) Allowed Uses: All of the uses permitted in the B2 (General Business) District would be allowed. No additional use restrictions have been proffered by the Applicant. This application addresses the intensity of the development by relating this to the number of Vehicle Trips per Day (VPD). 500 VPD and 1,500 VPD arc the two triggers used to initiate entrance modifications and monetary contributions for Off -Site pedestrian improvements. A total cap On the development intensity On the site of 2,977 VPD is used by the Applicant. This is consistent with the TIA prepared for this application. B) Access Management and Transportation: The application proffers to stage the use of the entrances to this site based upon vehicle trip counts as follows: • Closing the easternmost entrance (closest to the existing signal) with any development on the site. • Utilizing an entrance onto 1 ckard Circle until 500 Vehicle Trips Per Day (VPD) is achieved. Rezoning tt03-15Mt3C, LC June I, 2015 Page 8 The westernmost entrance will be improved and ultimately be the entrance serving the site. The application proffers to contribute additional money available for pedestrian improvements along the Route 7 corridor based on vehicle trip counts as follows: • $10,000 when the use of the property generates more than 500 Vehicle Trips per Day (VPD) • $50,000 when uses on the property generate more than 1,500 VPD. It has been noted that this IS the only potential coati-ibi ion to Off Site ti,ansIJOPtation imIn-ove Lents associated to this j-egnest. C) Site Development: No additional site development standards have been proffered. D) Mitigating the Impact of Development: The Applicant has proffered a cash contribution in the amount of $0.10 per building square foot to be directed to Frederick County Dire and Rcscue. The purpose Of this dedication would be to assist in the capital facility needs of lire and rescue associated with the development of this property. The Applicant has proffered a restriction On outdoor construction activities On the Site to minimize the potential impact of the dcvc1opment Of the Site on the residents Of the neighboring mobile home park. STAFF CONCLUSIONS FOR THE 05/06/15 PLANNING COMMISSION MEETING: This is an application to rezone a total of 2.96 acres of land from B3 (Industrial Transition) District with restrictive proffers and the MI-I1 (Mobile Home COnlnlunity) District to B2 (General Business) District with proffers to accommodate commercial uses. The property is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (S WSA). In general, the proposed commercial land use designation for this property is consistent with the current land use supported by the Comprehensive Plan which CO11tiIIUes to promote the existing commercial land uses along the Route 7 corridor. This general area COntirILICS to contain and promote both commercial and residential land Uses. With this rezoning, the applicant has proffered that this prgject will contribute to off -site pedestrian improvements based upon all Increase in the Intensity Of the IISC Of this Site. With a maxiMU111 Cap on the total Vehicle Trips per Day for this site Of 2,799 VPD, the transportation impacts associated with this request are limited to an extent. The Planning Commission Should evaluate if the approach to addressing the traIlsportation component of the application Is acceptable, and the amount Of the potential proffer appropriate. Aside froI11 this, the application appears to have mitigated many of the impacts associated with the rezoning request. 0 0 Rezoning 1103-15MC, LC June I, 2015 Page 9 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 05/06/15 MEETING: Staff presented an overview of the proposed application to rezone 2.96+/- acres as follows: 0.60-F/- from MI-I1 (Mobile Home Community) District to B2 (General Business) District and 2.36 acres from 133 (Industrial Transition) District to B2 (General Business) District with proffers. Staff noted with this rezoning, a maxII11L1111 cap on the total Vehicle Trips per Day for this site of 2,799 VPD, the transportation impacts associated with this request are limited to an extent. Staff explained that this application provides no limitation on the potential commercial laIld L1se that May be developed on the site and all B2 District land Llses would be allowed. The application proposes to stage the use of the entrances to this site based upon vehicle trip counts; closing the easternmost entrance (closest to the existing signal) with any development on the site and utilizing an entrance onto Cckard Circle; the westernmost entrance will be improved and ultimately be the entrance serving the property. A Commission Member IngUlred the importance of a site plan In regards to the number of vehicle trips per day. Staff explained once the site plan is approved by staff and then VDOT the number of trips is based on the square footage of the building/s. A Commission Membcr requested clarification of the proffer for hiking/bike trail. Staff noted the proffer applies to any development on the site. Another Commission Member asked Staff if they were comfortable with all the information they have to move forward with this project, Staff responded yes. Representation for the Applicant noted there is a challenge with a site this small. A Commission Member noted it would be helpful to incorporate a GDP with the application. The Public Hearing portion of the meeting was opened and there were no comments. The Public I-Iearing portion of the meeting was closed. A motion was made, seconded and unanimously passed to recommend approval of RC% #03-15 MBC, LC. Abstain: Oates Absent: Triplett, Molden 1`olloiying, the required public hearin;a, a decision 1'ef,,a/'ll[ufl tlils rezo11U1;- application bh the Board of Supervisors would be appropriate. The applicant should be prepared to adequatelV address all conceives raised bV the Board of Supervisors. Y` C - r-- MBC, LC UPINs:!rM r ❑ B E R R Y V I L L E PIKE REZ 03- 15 'r a an 933 bJ O G* Will,? RE.1 Z 03 CC .— OM ow kk Kill ESE-'7 i56 COLE W • ' e F Applications Parcels Building Footprints Note: REZ # 03 - 15 Frederick County Dept of MBC, LC Planning Development N Kent St PINS: Suite 202 55 - A - 34. 55 - A - 34A Winchester. VA 2260' Rezoning from MH 1 /83 to B2 540 - 665 - 5651 Map Created: April8, 2015 Staff: mruddy 0 95 190 i i 380 Feet iI O t 30 am ER VILLE BLE II a LD ORD rm PS BER VIt E KE EZ-0311 Applications Parcels Building Footprints B1 (Business. Neighborhood District) B2 (Business. General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial. General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) T U G EMM cm BERRYVILLE PIKE 1846 1790 BERRY�V. BIKE BERRYVILLE ►H(E IS 2 I01 BERRYVILLE BLOSSO PIKE 106 BLOSSOM D 110 ■ '<--�, BLOSSOM DR ■ 1 112 r - 111. SOM DR 11 / e BLOSSOM DR 408 _W"EC KA PD CIP 116 EgltryylLLE /ICE �. Note: REZ # 03 - 15 Frederick County Dept of MBCr LC Planning Developments 107 N Kent St PINS: Suite 202 55 - A - 34. 55 - A - 34A Winchester. VA 22601 Pezoning from MH 1 /83 to B2 540 - 665 - 5651 Map Created: April8. 2015 Staff: mruddy 0 95 190 380 Feet AMENDMENT Action: PLANNING COMMISSION: May 6, 2015 - Recommended Approval BOARD OF SUPERVISORS: .iwie 10, 2015 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03-15 OF MBC, LC WHEREAS, Rezoning #03-15, MBC, LC, submitted by GrcyWolfe, Inc., to rezone 2.96 acres from B3 (Industrial Transition) District with restrictive proffers and the MI -II (Mobile Home Community) District with proffers to the B2 (General Business) District to accommodate commercial Uses, dated February 26, 2015, last revised on June 1, 2015, was considered. The property is located on the southern side of Route 7, and'/, miles east of Winchester at Eckard Circle. The property is further identified with PIN(s) 55-A-34 and 55-A-34A in the Red Bud Magisterial District; and. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 6, 2015 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning 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 2.96 acres of land from B3 (Industrial Transition) District with restrictive proffers and the MH I (Mobile Home Community) District with proffers to the B2 (General Business) District to accommodate commercial Uses. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRes 816-15 -2- This ordinance shall be in effect on the date of acloption. Passed this 1 Oth clay of June, 2015 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Robert W. Wells Gene B. Fisher Charles S. DeI-laven, Jr. Jason C. Ransom A COPY ATTEST Brenda G. Garton Frederick County Administrator PDRes #16-15 0 • GREYWOLFE, INC. •��• 1073 REDBUD ROAD • WINCHESTER, VA 22603 ,- %�'�• - �, (540) 667-2001 9 (540) 545-4001 FAX GREYWOLFEINC@AOL.COM 1r� Virginia Department of Transportation June 1, 2015 14031 Old Valley Pike Edinburg, VA 22824 Mr. Smith: This letter is in response to the comments dated May 15, 2015. The first nine comments dealt directly with the Traffic Impact Analysis data, tables, and format. Mr. Tim Stowe of Stowe Engineering is addressing those comments directly. The final four comments pertain to the Proffers that were provided and are addressed below. Comment #10: We recommend that proffer #3 be moved to a subset of transportation proffer #1 and the wording updated as follows: "In conformance with the Traffic Impact Analysis prepared by Stowe Engineering, PLC in 2015, the development of the property shall generate a maximum of 2,977 vehicles per day per the 9th edition of ITE Trip Generation. If a property use is proposed with a higher daily trip generation at site plan submission, a revised Traffic Impact Analysis shall be included with the submission of the site plan". The vehicle trips per day language currently included under proffer #1 should be removed. Response: I have revised the proffers as you have requested with the language you provided in quotes verbatim. Comment #11: We recommend that proffer #1.a.iii be updated to state that a right turn lane warrant analysis shall be submitted with the site plan for any site entrance to be located along the property frontage of Route 7. Said entrance shall be improved and/or constructed to current VDOT standards prior to the issuance of the first occupancy permit. Response: I have revised the proffer as you have requested. Comment #12: We recommend that proffer 1.b.ii be updated to state that the 10' multi -use trail along the property's frontage of Route 7 shall be constructed prior to the issuance of the first occupancy permit. Response: I have revised the proffer as you have requested. • 0 Comment #13: We recommend that proffers #I.b.iii and iv be consolidated and updated to address the queueing issue at the eastbound Route 7 left turn lane onto Regency Lakes Drive. Additionally, please avoid utilizing Vehicles per Day as a proffer trigger, as this measure is difficult to track as development of the site moves forward in the future. Response: The proffers have been revised to reflect the needed pedestrian improvements in the area as requested by the County. We are offering cash proffers to be used as matching funds. We are not offering any improvements to the Regency Lakes intersection as the changes you requested to the Traffic Impact Analysis now demonstrates that this rezoning has little impact to it. Please call if you have any questions. Thank you, Gary R. Oates, LS-B, PE GreyWolfe, Inc Rezoning: Property: Record Owner: Project Name: Original Date of Proffers: Revision Date: U Magisterial District: RZ # 03-15 Area: 2.96 acres Tax Parcels 55-(A)-34 & 55-(A)-34A MBC, LC MBC Rezoning tJ� - � D�J 0 February 26, 2015 April 3, 2015 May 11, 2015 Redbud Pursuant to Section 15.2-2296 Lt. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #_-15 for rezoning of 2.96-acres from the B-3 & MI-I-1 Districts to General Business (B-2) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this owner and their legal successors, heirs, or assigns. The Properties are more particularly described as the lands conveyed to MBC, LC from Mildred F. Cole as recorded in the Frederick County Circuit Court Clerk's Office as instrument #00013492 dated December 1, 2000. 0 Proffers: Transportation — Vehicle Trips per Day to be determined at Site Plan submission utilizing ITC Trip Generation 7"' Edition. a. Access i. The eastern existing entrance on Berryville Pike (Route 7) near Cckard Circle shall be closed prior to the First occupancy permit. ii. An entrance onto Cckard Circle shall be utilized until development on the Properties creates more than 500 VPD. iii. The western entrance on the Properties from Berryville Pike (Route 7) shall be improved to current VDOT standards prior to the first occupancy permit. b. Dedication and Pedestrian Access i. The owner hereby proffers to dedicate additional land along Berryville Pike to provide a minimum of 60' of right of way from the centerline of eastbound Route 7. This is will be done prior to the first occupancy permit. ii. The owner hereby proffers to construct a 10' paved hiker/bike trail along the Property's frontage with Berryville Pike per the 2030 Comprehensive Plan. This is will be done prior to the first occupancy permit. iii. The owner proffers to contribute $10,000 to Frederick County for pedestrian improvements along Route 7 when uses generate more than 500 vehicle trips per day (VPD). iv. When uses on the Properties generate more than 1,500 VPD; the owner will contribute an additional $50,000 to Frederick County for pedestrian improvements along Route 7. 2. Fire & Rescue - Monetary Contributions a. The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. The owner hereby proffers not exceed 2,977 VPD's as presented in the Traffic Impact Analysis by Stowe Engineering, PLC. 4. Considerations for neighboring Mobile Home Park: a. The owner proffers that outdoor construction activities, on the Properties, shall not begin prior 7:30 AM and will conclude no later than 7:30 PM. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors In the interest ofthe owner and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: By: 1W LC h y l �a �c�y 4,, �;2 S MQC, LC k�f1v."t) 7tus¢c� Date vP V T, l d vnet LoYp rr sJ `/1a�u y Commonwealth of Virginia, PA rill City/County of (- ) %-(\C,�eS+ej To Wit: The foI'eg011lg I11St1'Li111Gl1t was aCk170W1CClged bc101'e Ille tI71SN day of, 206 By Ce, \ 1 . �5� e h� 0,po,m T I � I 3 2 1� `AQta•y Publ' Registration Number My Commission Expires L) -30.20 1 'i6' April 6, 2015 Matthew B. Smith, P.E. I Area Land Use Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 RE: MBC, LLC - VDOT Comments to Rezoning/TIA Dear Mr. Smith: In response to VDOT comments provided in your email dated 3/23/15 1 offer the following: All Synchro models and analysis reports included with the submission of the TIA contain incorrect, permissive only left turn phasing at both signalized intersections within the study area. The existing year Synchro analysis must utilize existing signal phasing and timing. Please contact Grant Sanders in Traffic Engineering in the Staunton District Office to request existing signal data (grant.sanders(@vdot.virginia.gov). For all future year Synchro models, the two signalized intersections within the study area should be coordinated and optimized for analysis. Once the Synchro models have been updated to provide the correct signal phasing, the report will need to be revised to reflect the updated analysis and output results. Also note that the current Level of Service and delays presented in Tables 1— 4 of the TIA do not reflect the invalid Synchro models or output reports included in Appendix B. Response: 1 emailed and spoke with Mr. Sanders concerning timing plans in the Route 7 corridor and received this response; These intersections are InSync Adaptive Signal Control Technology (ASCT) intersections, so 1 can't provide you with traditional timings like you're used to seeing ... Existing timings were field measured to establish the existing signal timing. These timings were entered into the existing conditions model and are reflected in the associated reports All other requested model adjustments have been made. Please provide a right turn lane warrant analysis for the site entrance in the report. With the build out right turn volumes and approaching volumes on Route 7, a full right turn lane and taper will be required. Update the report to provide the right turn lane as a recommendation and include a cost estimate. VDOT recommends that the right turn lane improvement at the site entrance should also be included in the associated proffers with the same 1,500 site generated VPD trigger as existing proffer 1.c.i. Response: The right turn lane warrant will be provided with the site plan. 103 Heat Court, Winchester Virginia 22602 • (540) 686.7373 • fax: (540) 301.1100 email: TimStowe@StoweCompanies.com 0 • Matthew Smith April 6, 2015 Page 2 A concept plan has not been included in the report. At a minimum, please provide a scaled concept plan that shows the site boundary, existing conditions, proposed entrances (including lane configuration and throat depth), existing right-of-way width and proposed right-of-way dedication (with dimensions). Response: Due to the small nature of the site, which has les than 34 acres of developable area, a traditional GDP has not been prepared. The attached drawing shows the requested items. 4. There is concern that the 10' of right-of-way dedication along the property frontage of Route 7 currently included in the proffers will not accommodate the planned, future widening. Providing the concept plan as requested above in comment #3 will assist in this determination. Response: The attached drawing shows the existing Route 7 right of way adjacent to the site. The dimensions show the distance from the centerline of the eastbound lanes to the existing right of way line. Where less than 60 ft. of right of way exist, additional right of way has been proffered to provide 60 ft. It is expected an additional 12 ft. travel lane and 10 ft. should can be accommodated within this 60 ft. right of way. 5. Update the Current Zoning section on page 3 of the report to remove "light manufacturing" from the requested zoning. Response: as requested. Provide the posted speed limit of 45 mph for Route 7 along the property frontage in the Existing Roadways section on page 4 of the report. Update all Synchro models to increase the designated speed from 30 mph to 45 mph on Route 7. Response: as requested. 7. Update the Peak Hour Factor to 0.92 for all movements in the future year Synchro models. Response: as requested. 8. Per the description of Figure 6 on page 6 of the report and the actual title description, Figure 6 is supposed to illustrate current lane geometry, but is inaccurate. Please update Figure 6 to represent the correct lane geometry or provide an additional figure to show existing lane configurations. Matthew Smith April 6, 2015 Page 3 Response: The information has been revised where needed. 9. Please revise the Trip Distribution and Pass By Adjustment diagrams (Figures 10 and 10A) to clarify trip assignments for each movement. The current positioning of the trip figures is somewhat unclear in terms of the assigned movement. Response: The figures have been revised to clarify the information presented. 10. Please provide an additional Figure in the report that identifies the location and provides a description of the recommended improvements. Response: please see the attached drawing. If you have any questions, please do not hesitate to contact me. Sincerely, -� Timothy S�/Stowe, PE, LS President Attachments Froin: FunklIOUSer, Rhonda (VDOT) [mailtO:Rhonda.FUnklIOuser 1V VDOT.Virginia.gov] On Behalf Of Smith, Matthew, P.E. (VD0T) Sent: Monday, March 23, 2015 9:02 AM To: Tim Stowe Cc: John Bishop; Short, Terry (VD0T); Campbell, Alain (VDO"I,); Ingram, Lloyd (VDOT); Smith, Matthew, P.E. (VDOT) Subject: MBC, LLC - VDOT Comments to Rezoning/TIA Please find VDOT's review comments on the MLB LLC Rezoning/Traffic Impact Analysis as received by this office February 25, 2015: All Synchro models and analysis reports included with the submission of the TIA contain incorrect, permissive only left turn phasing at both signalized intersections within the study area. The existing year Synchro analysis I111ISt Utilize existing signal phasing and timing. Please contact Grant Sanders in Traffic Engineering in the Staunton District Office to request existing signal data (grant.sandersPvdot.virginia.gov). For all future year Synchro models, the two signalized intersections within the study area should be coordinated and optimized for analysis. Once the Synchro models have been updated to provide the correct signal phasing, the report will need to be revised to reflect the updated analysis and Output results. Also note that the current Level of Service and delays presented in Tables 1 — 4 of the TIA do not reflect the invalid Synchro models or output reports included in Appendix B. Please provide a right turn lane warrant analysis for the site entrance in the report. With the build OLIt fight turn Volumes and approaching VOILUnes on ROLIte 7, a full right turn lane and taper will be required. Update the report to provide the right turn lane as a recommendation and include a cost estimate. VDOT recommends that the right turn lane improvement at the site entrance should also be included in the associated proffers with the same 1,500 site generated VPD trigger as existing proffer 1.c.i. A concept plan has not been inClUded in the report. At a nlininILlm, please provide a scaled concept plan that shows the site boundary, existing conditions, proposed entrances (inClUding lane configuration and throat" depth), existing right-of-way width and proposed right-of-way dedication (with dimensions). 4. There is concern that the 10' of right-of-way dedication along the property frontage of Route 7 currently included in the proffers will not accommodate the planned, future widening. Providing the concept plan as requested above ill comment #3 will assist in this determination. 5. Update the Current Zoning section on page 3 of the report to remove "light manufacturing" from the requested zoning. 6. Provide the posted speed limit of 4.5 niph for Route 7 along the property frontage in the Existing Roadways section on page 4 of the report. Update all Synchro models to increase the designated speed from 30 mph to 45 nlph on Route 7. 7. Update the Peak Hour Factor to 0.92 for all movements in the futuw-e year Synchro models. 8. Per the description of Figure 6 on page 6 of the report and the actual title description, Figure 6 is supposed to illustrate current lane geometry, but is inaccurate. Please update Figtu-e 6 to represent the correct lane geometry or provide an additional figure to show existing lane configurations. 9. Please revise the Trip Distribution and Pass By Adjustment diagrams (Figtli-es 10 and 10A) to clarify trip assignments for each movement. The CLH-rent positioning of the trip figures is somewhat uncleal- in terms of the assigned Inovelnent. 10. Please provide an additional Figure in the report that identifies the location and provides a description of the recommended improvements. If you have any questions, please do not hesitate to contact us. Matthew B. Smith, P.E. I Area Land Use Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 voice: 540/984-5615 fax: 540/984-5607 e-mail: Matthew. Smith@vdot.vir in nia.gov f �t; f^ fit; � '? �{ �!�A ir,�'' � R �`�'�r";j V.1J �'�� t �� `�% : _�1 i1 :ice =�� J': >: n,".... :o_ .ems.'"` v��.�..,.. '.._ , rq lZf •�S%%�?i:�� i j P �i :} L(f :" Ii:�� l�l��K� `d._.s�1�`i„�-:-.It,,., tt ' -71f x.: i (' / ��"'I l`_1�P,�1—z,l. �l,����.• 'ti;sl'{oj=t :' JJ Imo- i Post Office iiol 18i', i'f i. — (5;0)2C,5-1'u`GI 1"11 eliesur Virf?iiiia 2260i-C;3? i riu. -- ; ;!{)3fi'r•-i;."i 1: \�'•i .ifsft-`'(::It'r.t'Oiil March 2, 2015 Mr. Gary R. Oates, Grey Wolfe, Inc. 1073 Redbud Road Winchester, Virginia 22603 Ref.: Rezoning Application Comments MBC, LC Tax Map # 55-A-34 & 55-A-34A Dear Sir: Per your request, a review of the proposed rezoning application 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 parcels are in the water and sanitary sewer area served by the Authority. Based on the location both water 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 of both the potable water system and the ability to provide fire protection.. Water and sanitwy 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 plan, 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 a 0 GREYWOLFE, INC. 1073 REDBUD ROAD • WINCHESTER, VA 22603 �1 (540) 667-2001 • (540) 545-4001 FAX GREYWOLFEINC@AOL.COM J% Roderick B. Williams, County Attorney March 31, 2015 107 North Kent Street Winchester, VA 22601 Subject: MBC, LC Rezoning Mr. Williams, This letter is response to your comments dated March 27, 2015. I have revised the proffers based your comments and have attached them to this letter. 1. I will submit the latest application to the County for Public Hearing. 2. A list of all owners will be on the application and I have attached those to this letter as well. They have all agreed to allow the Bank of Clarke County, as trustee, sign all documents pertaining to this rezoning on their behalf. 3. The term "The Properties" has replaced "The MBC parcels" throughout the proffers as requested. 4. Proffer 1 has been modified to place "triggers" for their occurrence. 5. Proffer 4 has been modified to clarify outdoor construction activities on the properties. Thank you, �1i1.-.,, Gary R� Oates, LS-B, PE GreyWolfe, Inc COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwiIlia@co.frederiek.va.us March 27, 2015 VIA C-MAIL — Gr•ew olfeinc a,aol.conr — AND RE, GULAR MAIL Mr. Gary Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, Virginia 22603 Re: Rezoning Application — MBC Tax Parcel Numbers 55-A-34 and 55-A-34A, consisting of 2.96± acres (the "Properties") Proposed Proffer Statement Dear Gary: 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 Redbud Magisterial District, from the B3 (Industrial Transition) and MHI (Mobile Home Community) Zoning Districts to the B2 (General Business) "Zoning 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: Application — Please note that the application form has been revised, in particular to include specific identification on the application form itself of the parcel(s) proposed for rezoning. For future applications, please use the revised form. O Application — County Code § 165-101.09, as authorized by Virginia Code § 15.2- 2289, requires complete disclosure of parties in interest. This would include disclosure of the persons with ownership interests in MI3C, LC. This requirement serves to ensure that any potential conflicts of interest can be properly ascertained. Application — The application will, of course, need to be signed before the County can accept it for processing. 107 North Kent Street � Witiclicstcr, Virginia 22601 Mr. Gary Oates March 27, 2015 Page 2 o General —The Proffer Statement should specifically set out "the Properties" as a defined term, referring to parcels 55-A-34 and 55-A-34A, and use that term throughout, instead of "the MBC parcels". Proffer 1(a) — Items 1, 2, and 3 appear to be inconsistent with each other. Is there currently an entrance onto Eckard Circle (see item 2) and, if so, will that entrance be closed upon any development of the Properties (see item 1) or only when uses on the Properties generate more than 500 VPD? Likewise, item 1 discusses closing the east entrance upon any development of the Properties, but item 3 discusses that access would be limited to only the west entrance when uses generate more than 500 VPD. o Proffer l(b) — Items 1 and 2 do not identify the events that will trigger the obligations. Proffer 4 — The proffer should clarify that it refers to outdoor construction activities "on the Properties". I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that that review will be done by staff and the Planning Commission. Sincerely Roderick B. Williams County Attorney cc: Michael Ruddy, Department of Planning and Development (via e-mail) 0 0 GREYWOLFE, INC. A, 1. 1073 REDBUD ROAD • WINCHESTER, VA 22603 (540) 667-2001 • (540) 545-4001 FAX i ..I GREYWOLFEINC@AOL.COM Frederick County Planning & Development March 31, 2015 107 North Kent Street Winchester, VA 22603 Mr. Ruddy, Thank you for the response to the MBC Rezoning application. I will attempt to address your below. 1. In regards to "no limitations" on the uses. While the application requires an analysis of 50,000 sf retail, the area within the setbacks and buffers is 38,913 sf. That would only leave enough room for 85 parking spaces on the remainder of the site within setbacks and buffers. During the roundtable meetings with VDOT, they felt an analysis of a drive-thru fast-food restaurant was more likely and delivers an extremely high amount of traffic. That is why we have capped the traffic 2,977 VPD's in the proffers. 2. Proffer 1 has been modified based on your comments and that of the County Attorney. 3. I have not, nor will proffer to preserve the existing vegetation along the mobile home park. While that would definitely save money on development costs, future development may want to plant a more attractive buffer since the existing vegetation is mostly briars, brush, and locust trees. 4. The proffer containing the 2,977 VPD cap is meant to protect the County from any unexpected high traffic generator that is not accounted at this time. Our transportation proffers are designed to address anything up to a fast-food restaurant with drive-thru lanes. The 1,500 VPD trigger is in line with 10,000 sf of retail (a strip mall) developed on the site in the future. 5. The proffer language for the $10,000 contribution has been changed to remove "in the vicinity of Denny Lane." That way the money may be applied wherever the County and VDOT determine is the best location for a crossing. Thank you, Gar R. Oates, LS-B, GreyWolfe, Inc L PE D _v [APR_ 8 2015 FREDERICK COUNTY PLANNING AND DEVELOPMENT u COUNTY of FRrDERICK Department of Planning and Development 540/ 665-565 ] FAX: 540/ 665-6395 4 TO: Gary Oates GrcyWolfc, Inc. FROM: Michael T. Ruddy, AICP Deputy Director RE: Rezoning Comments: MBC, LC Commercial Rezoning 1790 Berryville Pike; PIN's 55-A-34 and 55-A-34A DATE: March 25, 2015 The following comments are offered regarding the MBC, LC Commercial Rezoning Application. This is a request to rezone 2.96 acres from B3 (Industrial Transition) District with Proffers and MHI (Mobile Home ConlnlLill ity) District to B2 (General Business) District with Proffers. The review is generally based Upon the proffer statement dated February 26, 2015, and the Impact Analysis Statement of the same date. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a 111i11in1U111, 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 `U 10,296.00, based upon acreage of 2.96 acres. Land Use 1) The 2030 Comprehensive Plan and the Scnseny/Eastern Freclerick 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 high density residential land use designation. Historically, this property has been identified with a commercial land use designation and the area fronting along Route 7 has developed commercially. In general, the proposed commercial land use designation for this property is consistent with the current land use supported by the Comprehensive Plan which continues to promote the existing commercial land uses along the Route 7 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 r MC, LC Commercial Rezoning; 1790 Berryville Pike; PIN's 55-A-34 and 55-A-34A March 25, 2015 Page 2 corridor. This general area continues to contain and promote both commercial and residential land uses. Impact Analysis and Proffer Statement Please address the following items from the impact Analysis and Proficr Statement prepared for this Application. 1) It should be Iloted that this application provides no limitation on the potential commercial land use that may be developed on the site. All land uses permitted in the B2 District at their maximum intensity would be allowed. Based on the acreage, the maximum possible business intensity based on trip generation and fiscal impact on capital facilities (Frederick County Rezoning Application) would be approximately 50,000 square feet of retail use. 2) The Application has addressed the potential impacts of this rezoning request by linking improvements to the vehicle trip count, therefore, the majority of the impacts addressed deal with transportation. This is a highway commercial location and a more intensive development proposal would be appropriate. As such, it is important to Cnsurc the impacts associated with such a development are addressed. 3) Transportation improvements to Route 7, Berryville Pike, arc anticipated in the future. Therefore, it is important that the right-of-way needs for the future improvements to Route 7 are accommodated, and the application provides some contribution to transportation improveIllents resulting from the impacts of this new development. The additional 10 feet of dedication appears to be sufficient. The proposed monetary contribution may be an acceptable alternative to the actual construction of physical improvements. It should be determined if the ai1lOLIIlt and timing Of the contribllti011 Is SLlff iClCllt given the potential use of the property. 4) The MBC parcel currently has two entrances onto Berryville Pike. The third entrance mentioned in the proffers would not be classified as an existing commercial entrance as described in the proffer statement. IIi the future, a new entrance onto Eckard Circle leading to the private road accessing Route 7 may be part of the development and desirable as part of the overall traffic circulation plan. 5) To the greatest extent possible, the proffer statement should avoid additional narrative and only include proff&s that arc above and beyond CLIrrCllt ordinance requirements. I would suggest modifying proffer 1. a. Access, accordingly. 6) The most recent site plan for this site, SPfi46-95, included a note to preserve the existing trees and vegetation where possible adjaccnt to the rear property line. "Phis was in addition to the required screening and was alined at providing an enhanced buffer between the corruncl'cial pro 'jcct and the adjaccnt residences within the mobile home park. Consideration of supplementing the bLlffer for the benefit of the adjacent residences may be warranted. 0 i MBC, LC Commercial Rezoning 1790 Berryville Pike; PIN's 55-A-34 and 55-A-34A March 25, 2015 Page 3 7) With regards to the proposed triggered approach to the proffered transportation improvements, it is noted that the provision of off -site improvements are delayed beyond the initial development of the site based upon future trip generation. Two triggers are used; i. 500 VPD - entrance restrictions and a $10,000 contribution to assist with pedestrian crossing improvements at the Route 7 and Denny Lane intersection. ii. 1,500 VPD - a left turn lane improvement oil Route 7 at Regency Lakes Drive. A total cap of'2,977 VPD's is proffered, presuillably, for uses locating on the site. Additional definition should be provided clarifying this proffer. Based oil this, it appears as though no additional improvements or contributions are anticipated with the initial B2 development of this site as a result of the rezoning. "file initial improvements are more consistent with those required for customary site development as required by ordinance. It may be appropriate to adjust the triggers accordingly to advance the anticipated improvements. 8) Please ensure that pedestrian accessibility and circulation is provided to the adjacent properties where appropriate to ensure this project is well integrated into the surrounding community. With regards to the proffered pedestrian crossing contribution, consideration could be given to providing a design for this improvement as approved by VDOT, in conjunction with the development of an initial site plan for this site. Any monetary contributions made in the future based on the triggers would then be applicable to a real project and could be available for a potential match. Depending on the use, pedestrian access may be an important consideration. At this time, no particular use is defined. The following comments have been provided in conjunction with John I3ishop, County "Transportation Planner. Duc to the recent receipt of VDOT's comments on the package and their concerns with the TIA, staff would note that any comments that follow could be amended upon seeing updates/corrections to the TIA. Staff is supportive of' the entrance limitations and pedestrian cnhancenlents proffered by the applicant. However, as VDOT did, staff would note that there is a possible need for a right turn lane into the proposed entrance on Route 7 and would suggest that warrants be run to determine this. Due to the phased nature of the transportation proffers and the associated trips, perhaps the turn lane can be accommodated the same way. finally, regarding right-of-way, it appears that 10 feet is sufficient, but staff would recommend following VDOT's rcconullendation of a conceptual layout to evaluate this. 0 0 MBC, LC Commercial Rezoning 1790 Berryville Pike; PIN's 55-A-34 and 55-A-34A March 25, 2015 Page 4 In conclusion, please ensure that the above comments, and those offered by the reviewing agencies are addressed. MTR/pd a • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. - Fee Amount Paid $ 10 Zoning Amendment Number () 3 --1 S Date Received fi 15 PC Hearing Date 15 ((0 1 1 BOS Hearing Date J -1 I.7 1 The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: GreyWolfe, Inc. - Gary R. Oates Telephone: (540) 667-2001 Address: 1073 Redbud Road, Winchester, VA, 22603 2. Property Owner (if different than above): Name: MBC, LC Telephone: (540) 665-2402 Address: 202 North Loudoun Street Winchester, Virginia 22601 3. Contact person if other than above: Name: Gary R. Oates Telephone: (540) 667-2001 4. Property Information: a. Property Identification Number(s): 55-(A)-34 and 55-(A)-34A b. Total acreage to be rezoned: 2.96 acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): Current zoning designation(s) and acreage(s) in each designation: 0.60 ac. MH-1 & 2.36 ac. B-3 C. Proposed zoning designation(s) and acreage(s) in each designation: 2.96 ac. B-2 f Magisterial District(s): Redbud 12 d AI'R to ?015 0 5. Checklist: Check the following items that have been included with this application. Location map Z Agency Comments IV-1 Plat _ ✓ Fees _[_VT Deed to property ✓ E Impact Analysis Statement Verification of taxes paid _�L Proffer Statement _ ✓ Plat depicting exact meets and bounds for the proposed zoning district _ Digital copies (pdf's) of all submitted documents, maps and exhibits �✓ L 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: Deborah S. Isom, Dinah S. Krasich, Jessica Danielle Krasich, Dawn M. Spears, Jared Thomas Spears, Tyler Edmund Spears, and Mildred F. Cole Trust, Bank of Clarke County Trustee 7. Adjoining Property: PARCEL ID NUMBER 54-(5)-5A 55-(A)-32A & 33 55-(A)-38 55-(A)-37 55B-(A)-2 thru 6 USE Industrial Industrial Mobile Home Park Gas Station -Store Res. & Nursing Home ZONING M-1 M-2 MH-1 B-2 RP & B-2 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): Southern side of Route 7 about 3/4 miles east of Winchester at Eckard Circle 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: o Townhome: o Multi -Family: o Non -Residential Lots: 0 Mobile Home: o Hotel Rooms: o Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: 6,000 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 days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): /C. c Date: 8 %a13 Date: Owner(s): -l��-T LC/nC� /1 y /« 1( Ct-_-4- t�, Date: 'e Date: 14 low WON NEER Ih a11 S. MEND VICINITY MAP A LM..55-A-33 CARLYLE do ANDERSON. INC. 10' SANITARY SEWER 08 823 PG 1226 EASEMENT SEE PLAT DO 896 PG l.i.i DO 468 PG 566 ZONE.. M2 USE. INDUSTRIAL y - ss 20' DRAINAGE c o EASEMENT DO 339 PG 308 -' .?o fNq�FDOppr349 1R, (� �i O !RS wr L3 +MERl.=L4NOFPLAi SNc. 040023116 lk ADJUSTED MON n+ 5 t SSHEET 3 FOR /TAX PARCEL LINE DATA, LEGEND. 55-A-34 NOTES, AREA TABUTATIDIJ 2.3615 ACRES AND KEY TO ADJOINING E �I 1 ROPE'.4TY OWNERS. rQP v IPFo Q ( ECKARD CIRCLE g Q �O tij' 30' R/W (PRIVATE) m , h�4, tih DO 230 PG 481 I I lo1v , ,\h �k \ loy 62 Oz Qj a 6�! ADJUSTED ��yti TAX PARCEL p !p, .114; 55-A-37 I 1.7068 ACRES S l �Or 9 lie n �10, riys rO. F / ?fi•T9 O �% 9 B y �qy f/ r 4i •. IRS HF i!!I IV S O Sg6.7'193'.f 1C0 0 1DD TO BLOSSOM `ia�.>•L / DRIVE - RTE 815 GRAPH/C SCALE (IN FEE FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF MBC, L.C. AND OASMART, INC. f RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, PIRGINIA I_ SC_AI.E: 1" = 100' I DATE: AUGUST 21, 2006 GREENWAY ENGINEERING )51 Windy Hill Lune `ter +err+` Rinrhester, Vi,5inin 22602 Telephone: (540) 6624185 I-AX: (3-10) ,"2-11.528 't A L4 I 11 ni: 4i cI , _ N 89'37'06' E 127.06' TO .MON ALTH op t RICHARD A. EDENS > No.002550 4639 SHEET 2 OF 3 �-J I NOl CY4TF5 AgE/9 To t3� -0)PC -'A r.,.l.=.v.. R. id.t.•...er. V.. R n<Y vi1le.Md. Panne H. Ru,1&Hssone Ai Vtrain.. R..eh.V.. �— To W NfHE TE.P f�ec4 9 " 145 EA/Il h/.9ivEt/•vc. /'?cL !3 ' 0 CA2L �yiNEj/•vt. ; ti n2cG. 3 4,9 / 0.&oB5.•c.. /Z rs/,OvE o F �1 06E0 PlJGL Z Envw..m Sw..An. P1...w� l>��^RI".rs Ch.n.111v,Va. 107 M..n 1i..a sw.ee Svw 100 PO Bo. ]SM winch...... V.. W..n...... V.n... a601 �cd TE �vo. 7 N/O•/S'2GE 1 5 B3.L 9 ems• v.'7-73. 71� d13 I 95.17 L OT S 1 ' Z-,v0. P,9llff /lft osS wry./v/L --+ L/gU2A /YI�FAitiv/vd 345/s33 � F�a2A M c Fa21ANV Z G Z/57 BOUNDARY SURVEY ON THE PROPERTY OF MILDRED F. COLE slu�nint.l. FVIGJSITRJflL DIs1'R7cr FRF.116R UT. CWTIY, VJ RGJN lA i " = t uu l Nuvwsm 1, 1993 -} 6CAJOT6s PROP_ Lj"9$ AS Gs .IZq /BO C3�� o?1CR5 O j' CNT /CfGOa D ..v OitiD Oovm 709 Ar PE7aE \ NOVEMBER 1, 1993 a I VvA1 Sh?- L .F e- 84013 -/-o \� so Impact Statement For consideration of Rezoning the lands for MBC Rezoning Rcdbud Magisterial District Frederick County, Virginia February 26, 2015 Tax Map Numbers 55-(A)-34 and 55-(A)-34A Total Area: 14.53 acres Owner of Record: MBC, LC 202 North Loudoun Street Winchester, VA 22601 (540) 665-2402 Contact: Gary R. Oates, LS-I3, PE Grey Wolfe, Inc. 1073 Redbud Road Winchester, VA 22603 (540) 667-2001 ofc (540) 545-4001 fax r Introduction MI3C Rezoning The site is located on the southern side of Route 7 (Berryville Pike) at the intersection of Eckard Circle in Frederick County, VA. The front parcel site was zoned B-2 in the past and was rezoned to B-3 (with proffers) in 1995. Since then it has been Used for manufactured home model display and sales with associated sales Office per proffers. The rear parcel has been zoned MI-I-1 for many years. The applicant is seeking a change in zoning from B-3 & MI-1-1 to B-2 (with proffers) to create a more viable commercial parcel consistent with the Frederick County Comprehensive Plan. Existing Conditions The property is recently vacant. The stormwater drains generally to the west to a ravine and then in a southerly direction. Comprehensive Planning The site is intended to be zoned commercial per the comprehensive plan. There is public water and sewer available along ROLIte 7 and Eckard Circle. The benefit to Frederick County by approving this rezoning will be a positive economic impact from businesses through taxes, as well as employment opportunities for its citizens. Proposed Development The site will be graded, landscaped, and roads installed that will meet current County and VDOT specifications. As long as traffic remains below 500 VPD's as is allowed no%v, a single entrance on ROLItc 7 and a single entrance On Eckard Circle will be Utilized. The development is planned for used car sales with the ability to eventually develop into Office, retail, or restaurant. Physical Impacts The site is not located within or near any 100 year flood plains per FEMA Flood Map No. 51069CO240D. Furthermore, there are not any woodlands Or noteworthy landscaping on site to preserve. 40 M Surrounding Properties The site is bounded by Route 7 to the north, Carlyle & Anderson (M-2) to the west, Gas -Mart (B-2) to the cast, and a mobile home park (MI-1-1) to the south. Traffic Impact and Anal Report by Stowe Engineering is available upon request if not already provided. Sewer Conveyance and Treatment The FCSA has an 8" gravity line to the west. This commercial cicvelopnlent is expected to generate 50 gallons/clay/per scat for a total of 10,000 gpd. Water Supply The FCSA has a 20' waterline cascment with an 8" maul O11 the cast side of the property. This development is expected to generate 50 gallons/clay/per seat for a total of 10,000 gpd. Drainage The stormwater runoff drains to the southwest towards Ash Hollow stream. The applicant will be required to implement BMP's and other cleviecs to meet the Commonwealth of Virginia's requirements as required by DEQ. Solid Waste Disposal The Civil Engineering Reference Manual, 4"' edition, uses a rate of 5.4 cubic yards per 1,000 square feet of floor area. A 10,000 Sf dcvclopmcnt will yield 54 CUbie yards per year. The solid waste will be transferred to the Frederick County Landfill Facility by private licensed commercial carriers. Historical Impact There are no historically significant Stl'LlCtlll'CS O1' IC�ltlll'CS pl'CSCllt. Educational Impact This development will not create additional students for the schools. 2 Police. Fire. and Rescue Impact The development will increase the burden on Fire and rescue. The applicant is offering a proffer of `fi0.10 per constructed building square foot to the County for Fire and rescue services. Parks & Recreation Impact This development is not exl)ccted to increase population; therefore, no measurable impacts are predicted. Soils The only soil type identified on the General Soil Map of the Soil Survey of Frederick County, Virginia is an Wcikert-Becks channery silt loam (#41C) as shown on map sheet #30. This soil type is generally shallow. The characteri sties of this soil are manageable for development following the Virginia Erosion and Sediment Control practices. Geology This area is also known for shale topography. REZONING APPLICATION #03-15 MBC, LC Staff Report for the Board of Supervisors Prepared: June 1, 2015 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 05/06/15 Recommended Approval Board of Supervisors: 06/10/15 Pending PROPOSAL: To rezone 2.96+/- acres as follows: 0.60+/- acres from MH 1 (Mobile Home Community) District to B2 (General Business) District and 2.36 acres from B3 (hldustrial Transition) District to B2 (General Business) District with proffers. LOCATION: The properties are located on the southern side of Route 7, and 3/ miles east of Winchester at Eckard Circle. PLANNING COMMISSION RECOMMENDATION AND EXECUTIVE SUMMARY FOR THE 06/10/15 BOARD OF SUPERVISORS MEETING: The Planning Commission recommended approval of this rezoning request, an application to rezone a total of 2.96 acres of land from MHI (Mobile Home Community) District and B3 (Industrial Transition) District to B2 (General Business) District with proffers, to accommodate commercial uses. Planning Commission members inquired about the importance of a site plan in regards to the number of vehicle trips per day and requested clarification of the proffer for the hiking/bike trail. The Applicant noted there is a challenge with a site this small. This was followed by a Commissioner who noted it may be helpful to incorporate a GDP with the application. The Applicant has provided a revised proffer statement dated June 1, 2015 that has made further adjustments based on additional comments provided by VDOT. Please see the letter provided by Mr. Oates, dated June 1, 2015, that describes the changes (letter attached). While these changes are mostly organizational, it should be noted that one comment, Comment #13 fi•om VDOT regarding vehicle queuing at the Regency Lakes left turn lane fi•om Route 7 eastbound, is outstanding. This comment has been addressed by the Applicant by recognizing their potential future contribution to the overall pedestrian improvements in the area, rather- than the turn lane improvements on Route 7 at the intersection of Regency Lakes Drive. In summary, this is an application to rezone a total of 2.96 acres of land from B3 (Industrial Transition) District with restrictive proffers and the MH 1 (Mobile Home Community) District to B2 (General Business) District with proffers to accommodate commercial uses. The property is located within Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). In general, the proposed commercial land use designation for this property is consistent with the current land use supported by the Comprehensive Plan which continues to promote the existing commercial land uses along the Route 7 corridor. This general area continues to contain and promote both commercial and residential land uses. Rezoning H03-15MBC, LC June 1, 2015 Page 2 With this rezoning, the applicant has proffered that this project will contribute to off -site pedestrian improvements based upon an increase in the intensity of the use of this site. With a maximum cap on the total Vehicle Trips per Day for this site of 2,799 VPD, the transportation impacts associated with this request are limited to an extent. The Board should evaluate if the approach to addressing the transportation component of the application is acceptable, and the amount of the potential proffer appropriate. Aside from this, the application appears to have mitigated many of the impacts associated with the rezoning request. The Planning Commission affirmed this with their recommendation of approval. Following the required public hearill,-, a decision regardln,Q this 1-ezollillg application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 9 • Rezoning 1t03-15MBC, LC June 1, 2015 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in (slaking a decision on this application. It may also be useful to others interested in this zoning mattes'. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 05/06 /15 Recommended Approval Board of Supervisors: 06/10/15 Pending PROPOSAL: To rezone 2.96+/- acres as follows: 0.60d-/- acres from MH 1 (Mobile Home Community) District to B2 (General Business) District and 2.36 acres from B3 (Industrial Transition) District to 132 (General Business) District with proffers. LOCATION: The properties are located on the southern side of Route 7, and 3/ miles east of Winchester at Eckard Circle. MAGISTERIAL DISTRICT: Redbud PROPERTY ID NUMBERS: 55-A-34 and 55-A-34A PROPERTY ZONING: B3 (Industrial Transition) with Proffers that allow only one use; Mobile Home Sales. PRESENT USE: Vacant. ADJOINING PROPERTY ZONING & PRESENT USE: North: 132 (General Business) RP (Residential Performance) South: MHI (Mobile Home) East: B2 (General Business) West: M2 (Heavy Industrial) Use: Commercial Residential/Assisted Living Use: Mobile Home Community Use: Commercial Use: Industrial • 0 Rezoning 1103-15MBC, LC June 1, 2015 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see attached email dated March 23, 2015 from Matthew E. Smith, P.E. Fire and Rescue: Plan approved. Public `Forks Department: The proposed rezoning of 2.96 acres owned by MBC, LC is approved by The Public Works Department without further comments. Frederick County Sanitation Authority: Please see attached letter dated March 2, 2015, firom Uwe e. 14 eiudel, PE. Frederick-Wincliestei- Service Authority: The applicant needs to be clearer on sewer and water. 20" water easement has nothing to do with sewer conveyance. Does water main exist in easement? No technical comments. Frederick County Park & Recreation: Parks and Recreation encourages the proffered support for a Route 7 pedestrian crossing. However; identifying this as "in the vicinity of Millwood Drive" will put the crossing at a signalized intersection and is advised. Frederick County Public Schools: No comments. Frederick County Attorney: Please see attached letter dated March 27, 2015, from Roderick B. if'illiams, County Attorney. Planning & Zoning: 1) Site Histol'y In 1995, the property for which this rezoning being requested was subject to rezoning application RZ#03-95. This application was for a B3 (Industrial Transition) commercial zoning with proffers. The proffer statement was very specific in that it stated that the rezoned property shall only be used for manufactured ]ionic model display and sales with associated office. The property was previously zoned B2 (General Business). 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. Rezoning 03-15MBC, LC June 1, 2015 Page 5 The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. In order for any proposed rezoning to be approved, the applicants will be expected to contribute a reasonable portion of the costs of new or expanded infi-astructure needed to serve the proposed development. Such contributions can be in the form of cash, dedicated land, or constructed improvements or in any other manner consistent with the Code of Virginia. [2030 Coiiiprehensive Plan, Jnij)lenienting the Plan, VJ Rezoning requests should be evaluated to determine their potential impacts on public facilities. Costs to the County should be estimated in terms of what impact the development, which could result fi-om the proposed rezoning, would have on public facilities and infrastructure. [2030 Comprehensive Plan, Iiiiplenienting the Plan, VJ Rezoning requests should not be approved unless the net impacts on public facilities are positive, or unless the negative impacts can be adequately addressed through proffers or some other means. A request for rezoning may be turned down even though all fiscal impacts appear to be addressed. If there are other impacts which are not addressed by the rezoning application, or if the request does not conform to this plan, a similar method should be developed for determining the impacts of proposed developments on transportation systems and other public facilities. [2030 Comprehensive Plan, Imj)leinenting the Plan, VJ Laud Use. The 2030 Comprehensive Plan and the Senseny/Eastern Frederick Urban 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 high density residential land use designation. Historically, this property has been identified with a commercial land use designation and the area fi•onting along Route 7 has developed commercially. In general, the proposed commercial land use designation for this property is consistent with the current land use supported by the Comprehensive Plan which continues to promote the existing commercial land uses along the Route 7 corridor. This general area continues to contain and promote both commercial and residential land uses. Site Access and Transportation. The Eastern Road Plan and the Senseny/Eastern Frederick Urban Area Plan call for Route 7 to be an improved major arterial road. Access to this site will be via a direct connection to Route 7, Berryville Pike, and indirectly, from Eckard Circle. The site is located in close proximity to the intersection of Route 7, Blossom Drive, and Millbrook Drive, a direct route to the Millbrook High and Red Bud Run Elementary school cluster, and the southern entrance to the Third Battle of Winchester Battlefield site. As a result of this, concern has previously been expressed about egress fi•om this site for traffic looking to travel Nvest on Route 7. In addition, the location of this intersection provides an opportunity to address pedestrian accommodations at this location that would benefit pedestrians and bicyclists using this area. Rezoning 1103-15MBC, LC Jime 1, 2015 Page 6 The application proposes to stage the use of the entrances to this site based upon vehicle trip counts; closing the easternmost entrance (closest to the existing signal) with any development on the site and utilizing an entrance onto Cckard Circle until 500 Vehicle Trips per Day (VPD) is achieved. The westernmost entrance will be improved and ultimately be the entrance serving the site. As part of the development of this site, additional right-of-way will be dedicated along Route 7 and a 10' hike/bike trail will be constructed. In addition, the owner proffers to contribute additional money available for pedestrian improvements along the Route 7 corridor; $10,000 when the use of the property generates more than 500 Vehicle Trips per Day (VPD), and $50,000 when uses on the property generate more than 1,500 VPD. It is noted that the guaranteed improvements are the same as those that would be required with the development of the site and the proffered contributions for additional pedestrian improvements would only occur- if the use of the property increases in the future. Environment. Issues concerning water quality, quantity, use, and protection of water resources are directly related to land development activities. Water supplies are needed to support development, while surface and groundwater are potentially affected by development activities [2030 Comprehensive Plan, Section VI], Natural Resources]. I— stor According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. 3) Site Suitability/Enyiromilent The site is not located within or near any 100 year floodplains. In addition, there are no woodlands or other environmental features on the site. 4) Potential Impacts It should be noted that this application provides no limitation on the potential commercial land use that may be developed on the site. All land uses permitted in the B2 District would be allowed. However, it is unlikely that they would be able to develop at their maximum intensity due to the Vehicle Trip per Day (VPD) cap that the Applicant has proffered (2,977 VPD). The Application has addressed the potential impacts of this rezoning request by linking improvements to the vehicle trip count, therefore, the majority of the impacts addressed deal with transportation. This is a highway commercial location and a more intensive development proposal would be appropriate. As such, it is important to ensure the impacts associated with such a development are addressed. Rezoning 03-15MBC, LC June 1, 2015 Page 7 Transportation improvements to Route 7, Berryville Pike, are anticipated in the future. Tlierefore, it is important that the right-of-way needs for the future improvements to Route 7 are accommodated, and the application provides some contribution to transportation improvements resulting fi-om the impacts of this new development. The additional dedication of right-of-way along Berryville Pike to provide a minimum right-of-way of 60' from the road centerline of eastbound Route 7 appears to be sufficient. The proposed monetary contribution may be an acceptable alternative to the actual construction of physical improvements. It should be determined if the amount and timing of the contribution is sufficient given the potential use of the property. Frederick Count Transportation Comments: Due to the recent receipt of VDOT's comments on the package and their concerns with the TIA, staff would note that any comments that follow could be amended upon seeing updates/corrections to the TIA. Staff is supportive of the entrance limitations and pedestrians enhancements proffered by the applicant. However, as VDOT did, staff would note that there is a possible need for a right turn lane into the proposed entrance on Route 7 and would suggest that warrants be run to determine this. Due to the phased nature of the transportation proffers and the associated trips, perhaps the turn lane can be accommodated the same way. Finally, regarding R-O-W, it appears that 10' is sufficient, but staff would recommend following VDOT's recommendation of a conceptual layout to evaluate this. 5) Proffer Statemen A) Allowed Uses: All of the uses permitted in the B2 (General Business) District would be allowed. No additional use restrictions have been proffered by the Applicant. This application addresses the intensity of the development by relating this to the number of Vehicle Trips per Day (VPD). 500 VPD and 1,500 VPD are the two triggers used to initiate entrance modifications and monetary contributions for off -site pedestrian improvements. A total cap on the development intensity on the site of 2,977 VPD is used by the Applicant. This is consistent with the TIA prepared for this application. B) Access Management and Transportation: The application proffers to stage the use of the entrances to this site based upon vehicle trip counts as follows: • Closing the easternmost entrance (closest to the existing signal) with any development on the site. • Utilizing an entrance onto Eckard Circle until 500 Vehicle Trips Per Day (VPD) is achieved. Rezoning #03-15MBC, LC June 1, 2015 Page 8 The westernmost entrance will be improved and ultimately be the entrance serving the site. The application proffers to contribute additional money available for pedestrian improvements along the Route 7 corridor based on vehicle trip counts as follows: • $10,000 when the use of the property generates more than 500 Vehicle Trips per Day (VPD) • $50,000 «lien uses on the property generate more than 1,500 VPD. It has been noted that this is the only potential contribution to off -site tranaj)ortation improvements associated to this request. C) Site Development: No additional site development standards have been proffered. D) Mitigating ting the Impact of Development: The Applicant has proffered a cash contribution in the amount of $0.10 per building square foot to be directed to Frederick County Fire and Rescue. The purpose of this dedication would be to assist in the capital facility needs of fire and rescue associated with the development of this property. The Applicant has proffered a restriction on outdoor construction activities on the site to minimize the potential impact of the development of the site on the residents of the neighboring mobile home park. STAFF CONCLUSIONS FOR THE 05/06/15 PLANNING COMMISSION MEETING: This is an application to rezone a total of 2.96 acres of land fi•om B3 (Industrial Transition) District with restrictive proffers and the MH 1 (Mobile Home Community) District to B2 (General Business) District with proffers to accommodate commercial uses. The property is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). In general, the proposed commercial land use designation for this property is consistent with the current land use supported by the Comprehensive Plan which continues to promote the existing commercial land uses along the Route 7 corridor. This general area continues to contain and promote both commercial and residential land uses. With this rezoning, the applicant has proffered that this project will contribute to off -site pedestrian improvements based upon an increase in the intensity of the use of this site. With a maximum cap on the total Vehicle Trips per Day for this site of 2,799 VPD, the transportation impacts associated with this request are limited to an extent. The Planning Commission should evaluate if the approach to addressing the transportation component of the application is acceptable, and the amount of the potential proffer appropriate. Aside from this, the application appears to have mitigated many of the impacts associated with the rezoning request. Rezoning ff03-15MBC, LC June 1, 2015 Page 9 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 05/06/15 MEETING: Staff presented an overview of the proposed application to rezone 2.96A-/- acres as follows: 0.60+/- fi•om MH 1 (Mobile Home Community) District to B2 (General Business) District and 2.36 acres fi-om B3 (Industrial Transition) District to B2 (General Business) District with proffers. Staff noted with this rezoning, a maximum cap on the total Vehicle Trips per Day for this site of 2,799 VPD, the transportation impacts associated with this request are limited to an extent. Staff explained that this application provides no limitation on the potential commercial land use that may be developed on the site and all B2 District land uses would be allowed. The application proposes to stage the use of the entrances to this site based upon vehicle trip counts; closing the easternmost entrance (closest to the existing signal) with any development on the site and utilizing an entrance onto Eckard Circle; the Nvesternmost entrance will be improved and ultimately be the entrance serving the property. A Commission Member inquired the importance of a site plan in regards to the number of vehicle trips per day. Staff explained once the site plan is approved by staff and then VDOT the number of trips is based on the square footage of the building/s. A Commission Member requested clarification of the proffer for hiking/bike trail. Staff noted the proffer applies to any development on the site. Another Commission Member asked Staff if they were comfortable with all the information they have to move forward with this project, Staff responded yes. Representation for the Applicant noted there is a challenge with a site this small. A Commission Member noted it would be helpful to incorporate a GDP with the application. The Public Hearing portion of the meeting was opened and there were no comments. The Public Hearing portion of the meeting was closed. A motion was made, seconded and unanimously passed to recommend approval of REZ #03-15 MBC, LC. Abstain: Oates Absent: Triplett, Molden Following the required public hearing, a decision regardin;�, this rezoning application bl, the Board of Supervisors would be appropriate. The applicant should be prepared to adequately adrhress all concerns raised by the Board of Supervisors. • r� BERRYVILLE PIKE REZ 03- 15 f •1 O y Vr.. mil• h'� REZ 3- I. ri + �• '` i-� ' i / � 4. - ��Qom-, Ar %. 1 cItolL fOM fat f PIKE Op a -- Q � Y, ..,` ��i-: Rom' i .�'r" ♦/ - `�,/ .� ,.y � ,•�- ,�--tT/ ' EElle'IVILLE►El[ Q g 0 Note: REZ # 03 - 15 Frederick County Dept of MBC, LC Planning Developmente 107 N Kent St PINS: Suite 2,02 55 - A - 34. 55 - A - 34A Winchester, VA 22601 Rezoning from MH 1 /133 to B2 540 - 665 - 5651 Map Created: April8. 2015 Staff: mruddy 0 95 190 380 Feet 0 • _7 Applications Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business. General Distrist) B3 (Business. Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) 01NO i [I z BERRYVILLE PIKE REZ 03-15 ERE[ILI I ��-- ta3Ll:ULi QJ00 ` am BERMIrei2 1� LE BLOSSOA ►1KE MKOSSO 112 BLOSSOM DR 111 t BLOSSOM DR 116 BLOSSOM DR Note: REZ # 03 - 15 Frederick County Dept of MBC, LC Planning 8Developments 107 N Kent St PINS: Suite 202 55 - A - 34, 55 - A - 34A Winchester, VA 22601 Rezoning from MH I /B3 to B2 540 - 665 - 5651 Map Created: April8. 2015 Staff: mruddy 0 95 190 380 Feet lJ • Rezoning: Property: Record Owner Project Name: Original Date of Proffers: Revision Date: RZ 4 03-15 Area: 2.96 acres Tax Parcels 55-(A)-34 & 55-(A)-34A MBC, LC MBC Rezoning February 26, 2015 April 3, 2015 May 11, 2015 June 1, 2015 Magisterial District: Redbud Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #_-15 for rezoning of 2.96-acres from the B-3 & MH-1 Districts to General Business (B-2) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this owner and their legal successors, heirs, or assigns. The Properties are more particularly described as the lands conveyed to MBC, LC from Mildred F. Cole as recorded in the Frederick County Circuit Court Clerk's Office as instrument 400013492 dated December 1, 2000. Proffers: 1. Transportation a. Access i. The eastern existing entrance on Berryville Pike (Route 7) near Eckard Circle shall be closed prior to the first occupancy permit. ii. An entrance onto Eckard Circle shall be utilized until development on the Properties creates more than 500 VPD. iii. The western entrance on the Properties from Berryville Pike (Route 7) shall be improved to current VDOT standards prior to the first occupancy permit. iv. A right turn lane warrant analysis shall be submitted with any site plan for any site entrance located along the frontage of Route 7. b. Dedication and Pedestrian Access i. The owner hereby proffers to dedicate additional land along Berryville Pike to provide a minimum of 60' of right of way from the centerline of eastbound Route 7. This is will be done prior to the first occupancy permit. ii. The owner hereby proffers to construct a 10' paved hiker/bike trail along the Property's frontage with Berryville Pike per the 2030 Comprehensive Plan. This is will be done prior to the first occupancy permit. iii. The owner proffers to contribute $10,000 to Frederick County for pedestrian improvements along Route 7 when uses generate more than 500 vehicle trips per day (VPD) computed at site plan submission. iv. When uses on the Properties generate more than 1,500 VPD as computed at site plan submission; the owner will contribute an additional $50,000 to Frederick County for pedestrian improvements along Route 7. 2 Development Cap i. In conformance with the Traffic Impact Analysis prepared by Stowe Engineering, PLC in 2015, the development of the property shall generate a maximum of 2,977 vehicles per day per the 9th edition of ITE Trip Generation. If a property use is proposed with a higher daily trip generation at site plan submission, a revised 1'raffic Impact Analysis shall be included with the submission of the site plan. 2. Fire & Rescue -- Monetary Contributions a. The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County lire and Rcscue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. Considerations for neighboring Mobile Home Park: a. The owner proffers that outdoor construction activities, on the Properties. shall not begin prior 7:30 AM and will conclude no later than 7:30 PM. The conditions proffered above shall be binding upon heirs, executors. administrators, assigns, and successors in the interest of the owner and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: tip 6 11c b 4-11, : �- L By:7�u.s M BC, LC a f'a'd �� Date 1 t �y��, Commonwealth of Virginia, City/Cpir;ty of li��� f✓..s/✓`i To Wit: The foregoing instrument was acknowledged before me this �/d day of .�,� _� 20/ By /'dlu—",Ie� r Notary Public Registration Number My Commission Expires 1 - R - / A GREYWOLFE., INC. ; 1 4 1073 REDeuD ROAD WINCHESTER, VA 22603 (540) 667-2001 • (540) 545-4001 FAX GREYWOLFEINC@AOL.COM 11 v ti Virginia Department of Transportation June 1, 2015 14031 Old Valley Pike Edinburg, VA 22824 Mr, Smith: This letter is in response to the comments dated May 15, 2015. The first nine comments dealt directly with the Traffic Impact Analysis data, tables, and format. Mr. Tim Stowe of Stowe Engineering is addressing those comments directly. The final four comments pertain to the Proffers that were provided and are addressed below. Comment #10: We recommend that proffer #3 be moved to a subset of transportation proffer #1 and the wording updated as follows: "In conformance with the Traffic Impact Analysis prepared by Stowe Engineering, PLC in 2015, the development of the property shall generate a maximum of 2,977 vehicles per day per the 9th edition of ITE Trip Generation. If a property use is proposed with a higher daily trip generation at site plan submission, a revised Traffic Impact Analysis shall be included with the submission of the site plan". The vehicle trips per day language currently included under proffer #1 should be removed. Response: I have revised the proffers as you have requested with the language you provided in quotes verbatim. Comment #11: We recommend that proffer #i.a.iil be updated to state that a right turn lane warrant analysis shall be submitted with the site plan for any site entrance to be located along the property frontage of Route 7. Said entrance shall be improved and/or constructed to current VDOT standards prior to the issuance of the first occupancy permit. Response: I have revised the proffer as you have requested. Comment #12: We recommend that proffer 1.b.il be updated to state that the 10' multi -use trail along the property's frontage of Route 7 shall be constructed prior to the issuance of the first occupancy permit. Response: I have revised the proffer as you have requested. Comment #13: We recommend that proffers #1.b.iii and iv be consolidated and updated to address the queueing issue at the eastbound Route 7 left turn lane onto Regency Lakes Drive. Additionally, please avoid utilizing Vehicles per Day as a proffer trigger, as this measure is difficult to track as development of the site moves forward in the future. Response: The proffers have been revised to reflect the needed pedestrian improvements in the area as requested by the County. We are offering cash proffers to be used as matching funds. We are not offering any improvements to the Regency Lakes intersection as the changes you requested to the Traffic Impact Analysis now demonstrates that this rezoning has little Impact to it. Please call if you have any questions. Thank you, Gary R. Oates, LS-B, PE GreyWolfe, Inc 0 • April 6, 2015 Matthew B. Smith, P.E. I Area Land Use Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 RE: MBC, LLC - VDOT Comments to Rezoning/TIA Dear Mr. Smith: In response to VDOT comments provided in your email dated 3/23/15 1 offer the following: 1. All Synchro models and analysis reports included with the submission of the TIA contain incorrect, permissive only left turn phasing at both signalized intersections within the study area. The existing year Synchro analysis must utilize existing signal phasing and timing. Please contact Grant Sanders in Traffic Engineering in the Staunton District Office to request existing signal data (grant.sanders@vdot.virginia.gov). For all future year Synchro models, the two signalized intersections within the study area should be coordinated and optimized for analysis. Once the Synchro models have been updated to provide the correct signal phasing, the report will need to be revised to reflect the updated analysis and output results. Also note that the current Level of Service and delays presented in Tables 1— 4 of the TIA do not reflect the invalid Synchro models or output reports included in Appendix B. Response: 1 emailed and spoke with Mr. Sanders concerning timing plans in the Route 7 corridor and received this response; These intersections are InSync Adaptive Signal Control Technology (ASCT) intersections, so I can't provide you with traditional timings like you're used to seeing ... Existing timings were field measured to establish the existing signal timing. These timings were entered into the existing conditions model and are reflected in the associated reports All other requested model adjustments have been made. 2. Please provide a right turn lane warrant analysis for the site entrance in the report. With the build out right turn volumes and approaching volumes on Route 7, a full right turn lane and taper will be required. Update the report to provide the right turn lane as a recommendation and include a cost estimate. VDOT recommends that the right turn lane improvement at the site entrance should also be included in the associated proffers with the same 1,500 site generated VPD trigger as existing proffer 1.6. Response: The right turn lane warrant will be provided with the site plan. 103 Heat Court, Winchester Virginia 22602 • (540) 686,7373 • fax: (540) 301.1100 email: TimStowe@StoweCompanies.com i • Matthew Smith April 6, 2015 Page 2 A concept plan has not been included in the report. At a minimum, please provide a scaled concept plan that shows the site boundary, existing conditions, proposed entrances (including lane configuration and throat depth), existing right-of-way width and proposed right-of-way dedication (with dimensions). Response: Due to the small nature of the site, which has les than % acres of developable area, a traditional GDP has not been prepared. The attached drawing shows the requested items. 4. There is concern that the 10' of right-of-way dedication along the property frontage of Route 7 currently included in the proffers will not accommodate the planned, future widening. Providing the concept plan as requested above in comment #3 will assist in this determination. Response: The attached drawing shows the existing Route 7 right of way adjacent to the site. The dimensions show the distance from the centerline of the eastbound lanes to the existing right of way line. Where less than 60 ft. of right of way exist, additional right of way has been proffered to provide 60 ft. It is expected an additional 12 ft. travel lane and 10 ft. should can be accommodated within this 60 ft. right of way. 5. Update the Current Zoning section on page 3 of the report to remove "light manufacturing" from the requested zoning. Response: as requested. 6. Provide the posted speed limit of 45 mph for Route 7 along the property frontage in the Existing Roadways section on page 4 of the report. Update all Synchro models to increase the designated speed from 30 mph to 45 mph on Route 7. Response: as requested. 7. Update the Peak Hour Factor to 0.92 for all movements in the future year Synchro models. Response: as requested. 8. Per the description of Figure 6 on page 6 of the report and the actual title description, Figure 6 is supposed to illustrate current lane geometry, but is inaccurate. Please update Figure 6 to represent the correct lane geometry or provide an additional figure to show existing lane configurations. • • Matthew Smith April 6, 2015 Page 3 Response: The information has been revised where needed. 9. Please revise the Trip Distribution and Pass By Adjustment diagrams (Figures 10 and 10A) to clarify trip assignments for each movement. The current positioning of the trip figures is somewhat unclear in terms of the assigned movement. Response: The figures have been revised to clarify the information presented. 10. Please provide an additional Figure in the report that identifies the location and provides a description of the recommended improvements. Response: please see the attached drawing. If you have any questions, please do not hesitate to contact me. Sincerely, / pt", Timothy Y. Stowe, PE, LS President Attachments • From: Funkhouser, Rhonda (VDOT) [maiIto:Rhonda.Funkhouser@VDOT.Vii-giiiia.gov] On Behalf Of Smith, Matthew, P.E. (VDOT) Sent: Monday, March 23, 2015 9:02 AM To: Tim Stowe Cc: John Bishop; Short, Terry (VDOT); Campbell, Adam (VDOT); Ingram, Lloyd (VDOT); Smith, Matthew, P.E. (VDOT) Subject: MBC, LLC - VDOT Comments to Rezoning/TIA Please find VDOT's review comments on the MLB LLC Rezoning/Traffic Impact Analysis as received by this office February 25, 2015: 1. All Synchro models and analysis reports included with the submission of the TIA contain incorrect, permissive only left turn phasing at both signalized intersections within the study area. The existing year Synchro analysis must utilize existing signal phasing and timing. Please contact Grant Sanders in Traffic Engineering in the Staunton District Office to request existing signal data (grant.sanders@vdot.vii-ginia.gov). For all future year Synchro models, the two signalized intersections within the study area should be coordinated and optimized for analysis. Once the Synchro models have been updated to provide the correct signal phasing, the report will need to be revised to reflect the updated analysis and output results. Also note that the current Level of Service and delays presented in Tables 1 — 4 of the TIA do not reflect the invalid Synchro models or output reports included in Appendix B. 2. Please provide a right turn lane warrant analysis for the site entrance in the report. With the build out right turn volumes and approaching volumes on Route 7, a full right turn lane and taper will be required. Update the report to provide the right turn lane as a recommendation and include a cost estimate. VDOT recommends that the right turn lane improvement at the site entrance should also be included in the associated proffers with the same 1,500 site generated VPD trigger as existing proffer 1.c.i. 3. A concept plan has not been included in the report. At a minimum, please provide a scaled concept plan that shows the site boundary, existing conditions, proposed entrances (including lane configuration and throat depth), existing right-of-way width and proposed right-of-way dedication (with dimensions). 4. There is concern that the 10' of right-of-way dedication along the property frontage of Route 7 currently included in the proffers will not accommodate the planned, future widening. Providing the concept plan as requested above in comment #3 will assist in this determination. 5. Update the Current Zoning section on page 3 of the report to remove "light manufacturing" from the requested zoning. 6. Provide the posted speed limit of 45 mph for Route 7 along the property frontage in the Existing Roadways section on page 4 of the report. Update all Synchro models to increase the designated speed from 30 mph to 45 mph on Route 7. u 7. Update the Peak Hour Factor to 0.92 for all movements in the future year Synchro models. 8. Per the description of Figure 6 on page 6 of the report and the actual title description, Figure 6 is supposed to illustrate current lane geometry, but is inaccurate. Please update Figure 6 to represent the correct lane geometry or provide an additional figure to show existing lane configurations. 9. Please revise the Trip Distribution and Pass By Adjustment diagrams (Figures 10 and 10A) to clarify trip assignments for each movement. The current positioning of the trip figures is somewhat unclear in terms of the assigned movement. 10. Please provide an additional Figure in the report that identifies the location and provides a description of the recommended improvements. If you have any questions, please do not hesitate to contact us. Matthew B. Smith, P.E. I Area Land Use Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 voice: 540/984-5615 fax: 540/984-5607 e-mail: Matthew. SmithOWdot.vir iniq a.gov 10 0 SANITATION AUTHOT-IdITY Post Office BOX I277 WhIchester Virginia 12604 0377 March 2, 2015 Mr. Gary R. Oates, GreyWolfe, hic. 1073 Redbud Road Winchester, Virginia 22603 Ref.: Rezoning Application Comments M13C, LC Tax Map # 55-A-34 & 55-A-34A Dear Sir: PIL — (140)808-1061 Fax n nter.coc❑ i"ire E. Weindel, P.E. Li;gi;!; er-ri: eefor Per your request, a review of the proposed rezoning application 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 parcels are in the water and sanitary sewer area served by the Authority. Based on the location both water 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 of both the potable water system and the ability to provide fire protection.. 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 plan, 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 IVATE[b S %V0R'. q IT • CJ ;► GREYWOLFE� INC. 1073 REDBUD ROAD • WINCHESTER, VA 22603 (540) 667-2001 a (540) 545-4001 FAx GREYWOLFEINC@AOL.COM Roderick B. Williams, County Attorney March 31, 2015 107 North Kent Street Winchester, VA 22601 Subject: MBC, LC Rezoning Mr. Williams, This letter is response to your comments dated March 27, 2015. I have revised the proffers based your comments and have attached them to this letter. 1. I will submit the latest application to the County for Public Hearing. 2. A list of all owners will be on the application and I have attached those to this letter as well. They have all agreed to allow the Bank of Clarke County, as trustee, sign all documents pertaining to this rezoning on their behalf. 3. The term "The Properties" has replaced "The MBC parcels" throughout the proffers as requested. 4. Proffer 1 has been modified to place "triggers" for their occurrence. 5. Proffer 4 has been modified to clarify outdoor construction activities on the properties. Thank you, ) 0 ;7 fo - Gary R( Oates, LS-B, PE GreyWolfe, Inc • COUNTY ofI�ED)�)YCK ' Roderick B.:Williams ygcH, County Attorney 540/722' 8383 .... . Fax 540/667-0370 E-mail: rwilliaC�co.Iredezick.va.us March 27, 2015 VIA E-MAIL— Gt!y±olfeinc a.aol.co►n - AND RE.Gi7LAR MAIL Mr. Gaiy:Oate's . GreyWolfe, Inc.: 1073 Redbud Road Winchester, Virginia 22603 Re: Rezoiimg Application — M 3 C Tax Parcel Numbers 55=A=34 and 55=A=34A; coiisistiAg of 2.96 acres (the "Properties") . Proposed Proffer Statement ..:..:. Dear Gary: .You have submitted to Frederick County'for review the above-refereiiced proposed proffer statenidni (the "Proffer Statemicht") for the proposed rezoning of the 'Properties, in the Redbud .Magisterial District, &•om the 83 (Industrial. Transition) and :MHI (Mobile Home Community) Zoniiig:Distriets to the B2 (General Business) Zoiiirig District, subject'to proffers. I liave iiow reviewed the Proffer Statemerit::and it is it�y :.. . opinion that the Proffer Statement would be ill a form to rileet,the'requirements of the Frederick Couinty Zoiiing Ordinanceand.th'e Code of Virginia; and wouldbb legally sufficient as a proffer statement; subject to the following coiiimients + Application -'Please note that the application f6frn b6s beezi revised, in particular ....: ' to.iiiclude specific identification oii'the application form itself of.the paroel(s) proposed for rezoning:: or future applicatioiis:please use the revised form::':...: . Application County Code § 165-101.09; as aiitlioilzed by Virginia Code '§ 15.2= 2289, requires complete disclosure'of parties in interest: This would include .:. disclosure of the persoiis with ownership interests iriMBC, LC. -This- req* u 1rem­e,nt serves to ensure that any potential conflicts of inferest saribe properly ascertained. . • Application`- The application will; of course, need to be signed before the County can accept it for processing. 107 North Kent Street a Winchester, Virginia 22601 GREYWOLFEr INC. / 1073 REDBUD ROAD • WINCHESTER, VA 22603 (540) 667-2001 9 (540) 545-4001 FAX \ ` GREYWOLFEINC@AOL.COM Frederick County Planning & Development March 31, 2015 107 North Kent Street Winchester, VA 22603 Mr. Ruddy, Thank you for the response to the MBC Rezoning application. I will attempt to address your below. 1. In regards to "no limitations" on the uses. While the application requires an analysis of 50,000 sf retail, the area within the setbacks and buffers is 38,913 sf. That would only leave enough room for 85 parking spaces on the remainder of the site within setbacks and buffers. During the roundtable meetings with VDOT, they felt an analysis of a drive-thru fast-food restaurant was more likely and delivers an extremely high amount of traffic. That is why we have capped the traffic 2,977 VPD's in the proffers. 2. Proffer 1 has been modified based on your comments and that of the County Attorney. 3. I have not, nor will proffer to preserve the existing vegetation along the mobile home park. While that would definitely save money on development costs, future development may want to plant a more attractive buffer since the existing vegetation is mostly briars, brush, and locust trees. 4. The proffer containing the 2,977 VPD cap is meant to protect the County from any unexpected high traffic generator that is not accounted at this time. Our transportation proffers are designed to address anything up to a fast-food restaurant with drive-thru lanes. The 1,500 VPD trigger is in line with 10,000 sf of retail (a strip mall) developed on the site in the future. 5. The proffer language for the $10,000 contribution has been changed to remove "in the vicinity of Denny Lane." That way the money may be applied wherever the County and VDOT determine is the best location for a crossing. Thank you, oe( Gar R. Oates, LS-B, PE GreyWolfe, Inc D APR 8 2015 FREDERICK COUNTY ai &MNING AND DEVELOPMENT COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 TO: Gary Oates GreyWolfe, Inc. FROM: Michael T. Ruddy, AICP Deputy Director RE: Rezoning Continents: MBC, LC Commercial Rezoning 1790 Berryville Pike; PIN's 55-A-34 and 55-A-34A DATE: March 25, 2015 The following comments are offered regarding the MBC, LC Commercial Rezoning Application. This is a request to rezone 2.96 acres from B3 (Industrial Transition) District with Proffers and MH1 (Mobile Home Community) District to B2 (General Business) District with Proffers. The review is generally based upon the proffer statement dated February 26, 2015, and the Impact Analysis Statement of the same date. 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 $10,296.00, based upon acreage of 2.96 acres. Land Use 1) The 2030 Comprehensive Plan and the Senseny/Eastern 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 high density residential land use designation. Historically, this property has been identified with a commercial land use designation and the area fronting along Route 7 has developed commercially. In general, the proposed commercial land use designation for this property is consistent with the current land use supported by the Comprehensive Plan which continues to promote the existing commercial land uses along the Route 7 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 MBC, LC Commercial Rezoning 1790 Berryville Pike; PIN's 55-A-34 and 55-A-34A March 25, 2015 Page 2 corridor. Tlus general area continues to contain and promote both commercial and residential land uses. Impact Analysis and Proffer Statement Please address the following items from the Impact Analysis and Proffer Statement prepared for this Application. 1) It should be noted that this application provides no limitation on the potential commercial land use that may be developed on the site. All land uses permitted in the B2 District at their maximum intensity would be allowed. Based on the acreage, the maximum possible business intensity based on trip generation and fiscal impact on capital facilities (Frederick County Rezoning Application) would be approximately 50,000 square feet of retail use. 2) The Application has addressed the potential impacts of this rezoning request by linking improvements to the vehicle trip count, therefore, the majority of the impacts addressed deal with transportation. This is a highway commercial location and a more intensive development proposal would be appropriate. As such, it is important to ensure the impacts associated with such a development are addressed. 3) Transportation improvements to Route 7, Berryville Pike, are anticipated in the future. Therefore, it is important that the right-of-way needs for the future improvements to Route 7 are accommodated, and the application provides some contribution to transportation improvements resulting from the impacts of this new development. The additional 10 feet of dedication appears to be sufficient. The proposed monetary contribution may be an acceptable alternative to the actual construction of physical improvements. It should be determined if the amount and timing of the contribution is sufficient given the potential use of the property. 4) The MBC parcel currently has two entrances onto Berryville Pike. The third entrance mentioned in the proffers would not be classified as an existing commercial entrance as described in the proffer statement. In the future, a new entrance onto Eckard Circle leading to the private road accessing Route 7 may be part of the development and desirable as part of the overall traffic circulation plan. 5) To the greatest extent possible, the proffer statement should avoid additional narrative and only include proffers that are above and beyond current ordinance requirements. I would suggest modifying proffer 1. a. Access, accordingly. 6) The most recent site plan for this site, SP#46-95, included a note to preserve the. existing trees and vegetation where possible adjacent to the rear property line. This was in addition to the required screening and was aimed at providing an enhanced buffer between the commercial project and the adjacent residences within the mobile home park. Consideration of supplementing the buffer for the benefit of the adjacent residences may be warranted. ! 0 MBC, LC Commercial Rezoning 1790 Berryville Pike; PIN's 55-A-34 and 55-A-34A March 25, 2015 Page 3 7) With regards to the proposed triggered approach to the proffered transportation improvements, it is noted that the provision of off -site improvements are delayed beyond the initial development of the site based upon future trip generation. Two triggers are used; i. 500 VPD - entrance restrictions and a $10,000 contribution to assist with pedestrian crossing improvements at the Route 7 and Denny Lane intersection. ii. 1,500 VPD - a left turn lane improvement on Route 7 at Regency Lakes Drive. A total cap of 2,977 VPD's is proffered, presumably, for uses locating on the site. Additional definition should be provided clarifying this proffer. Based on this, it appears as though no additional improvements or contributions are anticipated with the initial B2 development of this site as a result of the rezoning. The initial improvements are more consistent with those required for customary site development as required by ordinance. It may be appropriate to adjust the triggers accorduigly to advance the anticipated improvements. 8) Please ensure that pedestrian accessibility and circulation is provided to the adjacent properties where appropriate to ensure this project is well integrated into the surrounding community. With regards to the proffered pedestrian crossing contribution, consideration could be given to providing a design for this improvement as approved by VDOT, in conjunction with the development of an initial site plan for this site. Any monetary contributions made in the fixture based on the triggers would then be applicable to a real project and could be available for a potential match. Depending on the use, pedestrian access may be an important consideration. At this time, no particular use is defined. The following comments have been provided in conjunction with John Bishop, County Transportation Planner. Due to the recent receipt of VDOT's comments on the package and their concerns with the TIA, staff would note that any continents that follow could be amended upon seeing updates/corrections to the TIA. Staff is supportive of the entrance limitations and pedestrian enhancements proffered by the applicant. However, as VDOT did, staff would note that there is a possible need for a right turn lane into the proposed entrance on Route 7 and would suggest that warrants be run to determine this. Due to the phased nature of the transportation proffers and the associated trips, perhaps the turn lane can be accommodated the same way. Finally, regarding right-of-way, it appears that 10 feet is sufficient, but staff would recommend following VDOT's recommendation of a conceptual layout to evaluate this. MBC, LC Commercial Rezoning 1790 Berryville Pike; PIN's 55-A-34 and 55-A-34A March 25, 2015 Page 4 In conclusion, please ensure that the above comments, and those offered by the reviewing agencies are addressed. MTR/pd REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.- Fee Amount Paid $ 10 ' Zoning Amendment Number 0 3- l 5 Date Received fi b 15 PC Hearing Date� 5 BOS Hearing Date L5{ The folloiving information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: GreyWolfe, Inc. - Gary R. Oates Telephone: (540) 667-2001 Address: 1073 Redbud Road, Winchester, VA, 22603 2. Property Owner (if different than above): Name: MBC, LC Address: 202 North Loudoun Street Winchester, Virginia 226DI 3. Contact person if other than above: Name: Gary R. Oates Telephone: (540) 665-2402 Telephone: (540) 667-2001 4. Property Information: a. Property Identification Number(s): 55-(A)-34 and 55-(A)-34A b. Total acreage to be rezoned: 2.96 acres C. Total acreage of the parcel(s) 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: 0.60 ac. MH-1 & 2.36 ac. B-3 e. Proposed zoning designation(s) and acreage(s) in each designation: 2.96 ac. B-2 f. Magisterial District(s): Redbud 12 r� 9 5. Checklist: Check the following items_ that have been included with this application. Location map ✓ Agency Comments ✓ Plat _ ✓ : Fees ✓ `:_ Deed to property _ ✓ ^ Impact Analysis Statement _; ✓ Verification of taxes paid _ ✓ Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district ^ ✓ _ Digital copies (pdf's) of all submitted documents, maps and exhibits _ ✓ _ 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Deborah S. Isom, Dinah S. Krasich, Jessica Danielle Krasich, Dawn M. Spears, Jared Thomas Spears, Tyler Edmund Spears, and Mildred F. Cole Trust, Bank of Clarke County Trustee 7. Adjoining Property: PARCEL ID NUMBER 54-(5)-5A 55-(A)-32A & 33 55-(A)-38 55-(A)-37 55B-(A)-2 thru 6 USE Industrial Industrial Mobile Home Park Gas Station -Store Res. & Nursing Home ZONING M-1 M-2 M H-1 B-2 RP & B-2 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): Southern side of Route 7 about 3/4 miles east of Winchester at Eckard Circle 13 • 9 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 0 Townhome: 0 Multi -Family: C Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: 6,000 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 days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): i I (. c ,,, Date: Date: Owner(s): Date: p /�a-1 / Date: C -IT a, 14 il- —Alp w— rhZ�i: LUio ►_'!!nil,, ;al/:..- Jill �I� '� •�'�'-�► �.• n� .����f-►• I� I�� �'�'I loll � � � �����:i�:��1 ♦ Imo'► �� '`:: ��� ����:.�1//I/�►///If,>� 11.11,1 •VICINITY �1 1.�(If f� f �'�� 1'♦ � •I/II `•It=1-: ��\ MAP SO::T=1-.. a '�.►.. ; _ _ -_ _-:::...•ice '�f+ :51= ��....1 2000' IL w LM. `5-A-33 CARLYLE d ANDERSON• INC. DB 1226 SEE PLATT D eB 96 PG 133 ZONE M2 USE: INDUSTRIAL r --_ INSr oBC � c,t� \gyp` _._````� 'ram ���✓l � / S pR! `/ �. I ` MERID,AN OF PLAT 11 S7, JTn. Od0023116 NfT iE SEE SHEET 3 FOR L IN£ DATA, LEGEND. NOTES, AREA TABUTATION MID KEY TO ADJOINING } PROPERTY OWNERS. i 0' SANITARY S£ i ER s EASEMENT � DO 468 PG 566 20' DRAINAGE FASEMENT ! DR 339 PG 308 1 1.95 3 � ADJUSTED I MON o ti / TAX PARCEL 55-A-34 2,3615 ACRES + N � 1PFQ � r\� ECKARD CIRCLE g R/W (PRIVATE) j o, "y 1h�30' DO 230 PC 481 i olyL /o0 �S d�! ADJUSTED z p ,may TAX PARCEL r !0 55-A-37 1R5 1.7068 ACRES 00 /lUr� 69 D ?�T N N� B yi! _T9 �c �q� lk R�+ Sg6, : S" , !UP / L° _ OA 1GO 0 700 �_ [ �IDRAIF 93'1 TO BLOSSOM — RTE. 815 GRAPHIC SCALf (IN FE J FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF MBC, L.C. AND GASMART, INC. RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA JSCA X _ I " _ 100' DATE: AUGUST 21, 2006 GREENWAY ENGINEERING 1.11 ti'inrly III/1 Lane L:ngin'Irs Witichrucr. trldinin 22602 Snrtirl`r'n Tc'i(:1?hone: (5401 662•-1IF5 FAX: (5-10) 722-952S „ •d>a •+ !'i?; :.w ss•.krcrn ss•userrt!. cone 7t L3 t 55't 70'.t I .Il ml c� L4 I I mI wl _ N 89'37 06 ` E 12R06' TO ,MON NLTH pp-� RICHAR AA. DENS >' No.002550 i 9�0 SUR���� 4639 SHEET 2 OF 3 I I I \I �' I NDiC+4T�5 y,ZEA To ,t3� Rr 2oN�i.Jpm oln�.,- 0- n.:.l....,�,.v.. G` l.e,barq.W. I/ Rrscbv:llc.Md. 'VANE TF,p Pi2c.G ;9``as �a2L h�A/NESivG. �t S1T1s7� 0 P.— Ham, R-1 & A ioc,n,n. x Vboln:. R..c A.V.. E-- S..woesPl..wa too Po. Bo.3.SY W.en,rw. V—=601 WineAe,r e,.V., Tm.:a+rn CO.NG rfe,V, .ATE /vo. 7 'Sd-.4)-O>E ..S &Z-37-��� 3 B. o[. 9Gorro i.vr �CIL OSS p Z7192L 11191 ej-iNc. h� • C x �y/ aV / ;y� \ %.six A2c� 3 4A 0.&085x:' /as /;�qw otFv `Enc4 z �f CF 1 pies •`N �-J ' �dt -o� w Lars ' rvd. P,9lIf( L AaiLv iY1�F.�irl o vv 3 4S/333 z F9a2A M � F,o21ANv Z (.Z/57 BOUNDARY SURVEY ON THE PROPERTY OF MILDRED F. COLE SMIT- .7At.1, PIAGEWMIA1, VISIRICP FRFI)E7t.t(X CIMIT, VIRGINIA 1" = 1UU' NWEMBER 1, 1993 fit- Jcuorss PaaP_ c,.ves ..1 G�Tq.O[JfNo'Q Q7/ O>7/Gfl$ 07 P[qr ?fees �O ,.v Dvr0 Oao,r 709 -FT Eq LE /49� NMEMBER 1, 1993 V Fit,Q,v.Yuv P,grr -'� Oslo . -- -Sh'T L .r e- 84.13 -/-o ..4 0 • Mike Ruddy From: Sent: To: Subject: Sent from iPhone Begin forwarded message: Eric Lawrence Monday, June 08, 2015 8:40 AM Mike Ruddy Fwd: Potential Rezoning Issue on Aylor Road Froni: Brenda Garton <btyarton0fcva.uS> Date: June 8, 2015 at 8:39:09 AM EDT To: Eric Lawrence <elawrencQicva.us>, Rod Williams <rwillia((_Dfcva.uS> Subject: FW: Potential Rezoning Issue on Aylor Road FYI -- I see that you weren't copied on the email. Brenda -----Original Message ----- From: Tony Clark[inaiIto: tony.elark 63((Dyahoo. corn Sent: Monday, June 08, 2015 1:48 AM To: rshickleRgmail.com; Jay Tibbs; Kris Tierney; Brenda Garton; cdehavcn a,erosslink.net; TI1� Shel•(cu\']Sllalliiik.colll; Redbud District; gary a,t;aryloiton.or; Robert Wells; Robert Hess Subject: Potential Rezoning Issue on Aylor Road Frederick County Board of Supervisors, My name is Anthony Clark, and I reside in Plymn Owen Estates at 110 Kern Circle, Stephens City, VA. I have lived at my residence for approximately 8 years. The main reason why my family and I decided to purchase our residence was due to the location and the overall community atmosphere. As the years have passed, my children have become older and have become more active in the sense of being able to play in the neighborhood without any fear. This area has been a safe area to raise our children and allow them to become part of the community in which they live in. However, I was very concerned when I heard about the possibility of rezoning a property on Aylor Road that would allow a motel/hotel being built right in the backyard of my residence. I found out about the possibility of a motel/hotel being built from another concerned neighbor that advised me of a meeting that was being held at the Stephens City Town Hall on June 3, 2015 at 7:OOPM. I know that I personally never received a letter fi-orn no one in reference to this possible rezoning for a motel/hotel. Prior to attending this meeting, I was able to speak to a neighbor about this meeting. I was advised that a letter was sent out to only the residents' that live on Downing Circle. This letter was advising them of the meeting that was going to be held at the town hall. While discussing the issue with my neighbor, I was also advised that Mr. Robert Wells, Frederick County Supervisor for the Opequon District, made an appearance at their residence in reference to the exact letter mentioned above that was posted on the Bass Hoover PTO Facebook page. Mr. Wells told the resident that they did not have any right to post that on the Facebook page. • 0 *. ? Needless to say, the interaction should have never taken place and it is the citizens right to notify the community and the school community of such development. After hearing all of this from my neighbor, I did indeed decide to attend this meeting. I was able to show up early to this meeting and was able to observe Mr. Wells in action. A resident asked Mr. Wells what he did prior to being in the supervisors position. Mr. Wells replied that he was heavily involved int eh educational community within Stephens City at Aylor School. As he continued, I heard Mr. Wells stated that he owned an insulation business which I found to be very interesting. Mr. Wells then quickly changed his tune back to what he did with the school experiences. As the meeting got underway, Mr. Wells introduced himself and his life experiences. Mr. Wells quickly stated that he was basically the middle man in this and that he was going to hear the concerns of the residents and the property owners and then he would have the tough task of making a decision on what to do. Wells stated that he was only their to be a mediator between the two (residents vs. property owners). Only one of the property owner's was bale to attend this meeting which was Mr. Craun. Mr. Browning was unable to attend meeting. Many concerns were brought up to Mr. Wells and Mr. Craun which include: height of the building/signs; environmental concerns (drainage, etc.); property value; community impacts; safety; etc. As the concerns were being raised, Mr. Wells defended every concern or comment that was being discerned by the residents of Plymn Owen Estates. Mr. Wells clearly displayed that he may have a financial involvement within the possible building of the property. Mr. Craun had very little to say about the possibility of a motel/hotel being built on the lots. Mr. Craun stated that he felt that if a motel/hotel was built on his lots that it would increase the value of the residents properties which is clearly not accurate. Mr. Craun and Mr. Wells both stated that if a motel/hotel was built on the lots that it would be a high dollar facility that would be $100 or more a night stay. Neither Wells or Craun stated anything positive in reference to a facility of this nature being built that would benefit the community of Stephens City. Basically the only thing Mr. Wells would say as a rebuttle for any concern or comment about the possibility was that if it was being built near Laura Drive, where Wells resides, that he would just have o deal with it. Wells showed very little compassion for the residents and their children who reside in Frederick County and in the Stephens City area. Mr. Wells continued to remind the residents that this meeting was only going t be able to be an hour long because he was only able to rent out the building for an hour. After due diligence, I was able to find out that this was not truthful at all. The building does not have to be rented out at all. As the meeting continued, one resident brought up the most important concern and that was the reference to the safety of children in the local community that attend school at Aylor Middle School. Mr. Craun was asked the most important question, "Are you aware that you want to build a hotel less than 0.2 miles away from a middle school?" Craun's reply was that was not his concern. That statement was not taken lightly for me due to having an 11 year old and a 6 year old who will both be attending Aylor Middle School very soon. I then replied that my occupation is to respond to disturbances in the area. I am a police officer within the area and have been to dispatched to several local hotels/motels in the Frederick County which include the Comfort Inn and Holiday Inn in Stephens City. I know personally what kind of clients that check in to these places. As a father, citizen, and a police officer, I truly do not want this type of establishment in my backyard. I brought up to Mr. Wells and Mr. Craun that drug dealers, sex offenders, predators, etc all utilize these types of establishments. Mr. Wells exact comment was that it would be a "high dollar" place. Mr. Wells also used the term "we" as if he was representing Mr. Craun and Mr. Browning. I also asked Mr. Wells specifically why the residents on Hannon Place and Kern Circle were not made aware of this particular meeting? Mr. Wells stated that he didn't think that the people on those streets wanted to know. If you are not aware of our community, 2 there is only one way ill and one way out. I believe it does matter. Every resident should ]lave been made aware of this meeting and Mr. Wells, who is supposedly supposed to represent the residents in this concern clearly has not intention of doing so. I believe that the property owners were demanded by the Board to contact the residents' of Plynln Owen Estates in reference to this rezoning but failed to do so which led to this meeting by Mr. Wells. As ELECTED members of the Board Of Supervisors, allowing Mr. Wells, Mr. Craun and Mr. Browning to change this property from 13-1 zone to a B-2 Zone would be very detrimental to the residents' for several reasons. The average property value in our community is between $175,000 to $200,000. The property values will indeed decline. Secondly, this is a very safe neighborhood where children can play, ride their bicycles, camp out in their backyards which allow parents to not have to worry about their children being preyed upon by a sexual predator or being picked up by strangers. There are several children within the community that walk to school and home from school that will have to pass this type of establishment which is very concerning. As one resident stated, "I do not avant a sexual predator looking down on illy children in my backyard!" Sexual predators are for real and they just (1on't 1)]-Cy Oil children! As you may or may not know, a sexual predator only has to register their residence/employment but they do not have report their daily whereabouts! It appears Mr. Wells, who was not elected but appointed by fellow supervisors, is in favor of this rezoning for some reason that is not being told to the residents. Based on illy conversations and observations at several meetings, I truly don't believe there is opposition within Our community on the property maintaining its status as a B I zone. But I truly believe based on the meetings that I have attended, Mr. Wells MAY have a potential financial gain based on his comments and position on defending the property owners which very well will be a "CONFLICT OF INTEREST." I'm hoping that this email/letter does not fall on deaf ears and that the members Of the Board of Supervisors really hear how this rezoning will affect the community of Plymn Owen Estates and the residents who call it "home." I for one would not have purchased my residence on Kern Circle if there was a motel/hotel in illy backyard. I pray that Board of Supervisors use discernment as they make this decision that will have a life long affect on a small residential community. Sincerely, Anthony Clark • • ?`, GREYWOLFE, INC. ► -- 1073 REDBUD ROAD • WINCHESTER, VA 22603 w (540) 667-2001 • (540) 545-4001 FAX GREYWOLFEINC@a AOL.COM t, r Virginia Department of Transportation June 1, 2015 14031 Old Valley Pike Edinburg, VA 22824 Mr. Smith: This letter is in response to the comments dated May 15, 2015. The first nine comments dealt directly with the Traffic Impact Analysis data, tables, and format. Mr. Tim Stowe of Stowe Engineering is addressing those comments directly. The final four comments pertain to the Proffers that were provided and are addressed below. Comment #10: We recommend that proffer #3 be moved to a subset of transportation proffer #1 and the wording updated as follows: "In conformance with the Traffic Impact Analysis prepared by Stowe Engineering, PLC in 2015, the development of the property shall generate a maximum of 2,977 vehicles per day per the 9th edition of ITE Trip Generation. If a property use is proposed with a higher daily trip generation at site plan submission, a revised Traffic Impact Analysis shall be included with the submission of the site plan". The vehicle trips per day language currently included under proffer #1 should be removed. Response: I have revised the proffers as you have requested with the language you provided in quotes verbatim. Comment #11: We recommend that proffer #l.a.iii be updated to state that a right turn lane warrant analysis shall be submitted with the site plan for any site entrance to be located along the property frontage of Route 7. Said entrance shall be improved and/or constructed to current VDOT standards prior to the issuance of the first occupancy permit. Response: I have revised the proffer as you have requested. Comment #12: We recommend that proffer 1.b.ii be updated to state that the 10' multi -use trail along the property's frontage of Route 7 shall be constructed prior to the issuance of the first occupancy permit. Response: I have revised the proffer as you have requested. Comment #13: We recommend that proffers #1.b.iii and iv be consolidated and updated to address the queueing issue at the eastbound Route 7 left turn lane onto Regency Lakes Drive. Additionally, please avoid utilizing Vehicles per Day as a proffer trigger, as this measure is difficult to track as development of the site moves forward in the future. Response: The proffers have been revised to reflect the needed pedestrian improvements in the area as requested by the County. We are offering cash proffers to be used as matching funds. We are not offering any improvements to the Regency Lakes intersection as the changes you requested to the Traffic Impact Analysis now demonstrates that this rezoning has little impact to it. Please call if you have any questions. Thank you, Gary R. Oates, LS-B, PE GreyWolfe, Inc • e. Development Cal) i. In conformance with the Traffic Impact Analysis prepared by Stowe Engineering, PLC in 2015, the development of the property shall generate a maximum of 2,977 vehicles per clay per the 9th edition of ITE Trip Generation. If a property use is proposed with a higher daily trip generation at site plan submission, a revised Traffic Impact Analysis shall be included with the submission of the site plan. Fire & Rescue — Monetary Contributions a. The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square Im" shall be the combined floor area for each story. Considerations for neighboring Mobile Home Park: a. The owner proffers that outdoor construction activities, on the Properties, shall not begin prior 7:30 AM and will conclude no later than 7:30 PM. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: By: MBC, LC Commonwealth of Virginia, City/County of To Wit: Date The foregoing instrument was acknowledged before me this clay Of , 20_ By Notary Public My Commission Expires Registration Number n LJ Rezoning: Properh': Record Owner: Project Name: Original Date of Proffers: Revision Date: RZ # 03-15 Area: 2.96 acres Tax Parcels 55-(A)-34 & 55-(A)-34A AIBC, LC MBC Rezoning February 26, 2015 April 3, 2015 May 11, 2015 Jlnie 1, 2015 Magisterial District: Redbud Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #_-15 for rezoning of 2.96-acres from the B-3 & MI-I-1 Districts to General Business (B-2) District, development of the subject property shall be clone in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this owner and their legal successors, heirs, or assigns. The Properties are more particularly described as the lands conveyed to MBC, LC from Mildred F. Cole as recorded in the Frederick County Circuit Court Clerk's Office as instrument #00013492 dated December 1, 2000. Proffers: 1. Transportation a. Access i. The eastern existing entrance on Berryville Pike (Route 7) near Eckard Circle shall be closed prior to the first occupancy permit. ii. An entrance onto Eckard Circle shall be utilized until development on the Properties creates more than 500 VPD. iii. The western entrance on the Properties from Berryville Pike (Route 7) shall be improved to current VDOT standards prior to the first occupancy permit. iv. A right turn lane wan -ant analysis shall be submitted with any site plan for any site entrance located along the fi•ontage of Route 7. b. Dedication and Pedestrian Access i. The owner hereby proffers to dedicate additional land along Berryville Pike to provide a minimum of 60' of right of way from the centerline of eastbound Route 7. This is will be done prior to the first occupancy permit. ii. The owner hereby proffers to construct a 10' paved hiker/bike trail along the Property's frontage with Berryville Pike per the 2030 Comprehensive Plan. This is will be done prior to the first occupancy permit. in. The owner proffers to contribute $10,000 to Frederick County for pedestrian improvements along Route 7 when uses generate more than 500 vehicle trips per day (VPD) computed at site plan submission. iv. When uses on the Properties generate more than 1,500 VPD as computed at site plan submission; the owner will contribute an additional $50,000 to Frederick County for pedestrian improvements along Route 7. 2 AMENDMENT ACTION: PLANNING COMMISSION: September 6, 1995 BOARD OF SUPERVISORS: October 11, 1995 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP k003-95 of PROFESSIONAL MOBILE HOME BROKERS WHEREAS, Rezoning Application #003-95 of Professional Mobile Home Brokers was j submitted to rezone 2.1514 acres, located on Berryville Pike (Route 7) East of Regency Lakes Drive and designated with PIN 55-A-34 in the Stonewall Magisterial District, from B2 (Business General) to B3 (Industrial Transition); and, WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on September 6, 1995; and, WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 11, 1995; and finds this rezoning to be in the best interest of the public health, safety, welfare, convenience, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 2.1514 acres, designated by PIN 55-A-34 from B2 (Business General) to B3 (Industrial Transition) as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner: REZONING REQUEST PROFFER (revised) Ms. Mildred F. Cole, owner Mr. John Tauber, lessee MANUFACTURED HOME MODEL DISPLAY AND SALES Route 7 East - Berryville Pike - Stonewall District , Tax Parcel 55-A-34 PrCliminaryMi1tters Pursuant to Section 15.1 - 491.1 e� of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # -95 for the rezoning of 2.1514 acres from B-2 Business General Zoning District to the B-3 Industrial Transition Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors or assigns. General Development Plan and Uses The development of the subject property and the submission of any Site Development Plan will provide for a layout that incorporates the planned improvements for structures, parking and commercial entrances as require by Frederick County Zoning Ordinance site development standards. The rezoned property shall not be subdivided. The rezoned property shall be used for manufactured home model display and sales with associated sales office. Monetary Contribution of Development The undersigned, who intends to lease the below described property to Mr. John Tauber, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 2.1514 acre tract, more or less lying on the south side of Route 7 (Berryville Pike) just east of the inters-ectidfr: -Qf Regency Lakes Drive in the Stonewall Magisterial District of Frederick County, Virginia from B-2 to B-3, the leassee will pay to the Greenwood Volunteer Fire and Rescue Company, at the time a building permit is issued, the sum of One Thousand three hundred thirteen dollars and eleven cents ($1,313.11) for Fire and -Rescue Emergency Services costs. 0 • PAGE REZONING REQUEST PROFFER Ms. Mildred F. Cole, owner Mr. John Tauber, leassee MANUFACTURED HOME MODEL DISPLAY AND SALES Route 7 East - Berryville Pike • Stonewall District • Tax Parcel 55-A-34 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code, Respectf By: n Tauber, leassee Date: �^ l/ Owner: Mildred F. Cole, owner Date: 4« e- // /01'C�� STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this 11 th day of August,1995, by__ujAr.ed_F._Cole_and_John—Tauber _______________________- My Commission expires l �) 13� '� �C� C1 t` Notijy Public 0 This ordinance shall be in effect upon its passage. Passed this 11 day of October, 1995. Richard G. Dick Aye Chairman W. Harrington Smith, Jr. Aye Charles W. Orndoff, Sr.� Jimmie K. Ellington Aye James L. Longerbeam Aye Robert M. Sager -Aye-- A Copy Attest John R. Riley, Jr. Frederick County Administrator �— c W'N�//E TE P I/ZS �'A?1 h/A/NEs/,vc 3 5/9l•5'JS 1� ! Off ices- Fairiax Va. Rridac-smr.Va. Leesbnrg.Va. Rockville.Md. Parton Hams Rust & Assonatcs. Pc Virginia Aeach.Va. Ena.r+rm S�xVe,+on. Pl.rr+.eti l�.v.c+ot Amlm-n Chantiliv.Va. l ni t.crt+. i:..+� sw«c Seat 100 P 0. Boa -.S48 Winchester.Va. Ww+eMAR. Vwvr.. �601 COAIC. /"70AI. 7 CTE NO. VN tri > t'2cL 43 CA2L f/Ai�/Ef in+c. y� \ /,fix IJrLGL 349 0.[0085 .k--� /2SVe D F DEFQ P/21c.L Z 83 (. tax l'2 . 31- l;7.5,05 of vEev a c,L +. 3� Z" Go w.�t1 l NLc�✓6 /per 3Ga t rb ivrt BOUNDARY SURVEY ON THE PROPERTY OF MILDRED F. COLE S1VY•Ir-MAUs MAGIS1FRI11L UISITUCT FiiF,j.)ETZ.I.CR CWiTI-Y, VIRGINIA I " = I UU' NWEMBER 1, 1993 LAU2.9 /y1�FA�l..gNd 3 45/s3,3 ,gyp• �ti' /Yl c r ,�2>�Nl� y Z G Z157 v^ 9 -4 z'-tow 78y//69Z .73.d6 •`N i3 -mod "o/ W 75.L7 1 1 Lars .9S,y llez .o w I .z-,vd . /oAlZfr 4-9s/�a9. �- J�woTi:S PROt7_ LJnt6S RS E.srRGiuSN6C ,QY O77lG�IZS Q 7' /'Z 97" /r e'C O'z FD 7 ,v DwtD 3c07r 7 d 9 rtr PHbE /b 9-F Ao aI 11 0p c cam x©1 9 I 54-17-3(a)01M j Ilk Q `� NOVEMBER 1 , 1993 L V �A h�tiv Q /2F� lv \\ s/Y/- Z or L 9(o/3 -/-o • 0 REZONING APPLICATION #03-15 MBC, LC Staff Report for the Planning Commission Prepared: April 21, 2015 Staff Contact: Michael T. Rilddy, AICP, Deputy Planning Director Reviewed Action Planning ComIllission: 05/06/15 Pending Board of Supervisors: 05/27/15 Pending PROPOSAL: To rezone 2.96+/- acres as follows: 0.60+/- acres from MH 1 (Mobile Home Community) District to B2 (General Business) District and 2.36 acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers. LOCATION: The properties are located on the southern side of Route 7, and '/4 miles east of Winchester at Eckard Circle. EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 05/06/15 PLANNING COMMISSION MEETING: This is an application to rezone a total Of 2.96 acres of land from B3 (Industrial Transition) District with restrictive proffers and the MI-I1 (Mobile Home Community) District to B2 (General Business) District with proffers to accommodate commercial uses. The property is located within Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). In general, the proposed commercial land use designation for this property is consistent with the current land use supported by the Comprehensive Plan which continues to promote the existing commercial land uses along the Route 7 corridor. This general area continues to contain and promote both commercial and residential land Uses. With this rezoIing, the applicant has proffered that this project will contribute to off -site pedestrian improvements based Upon an Increase in the intensity Of the use Of this Site. With a maximum cap on the total Vehicle Trips per Day for this site of 2,799 VPD, the transportation impacts associated with this request are limited to an extent. The Planning Commission ShOUld evalUate if the approach to addressing the transportation component of the application is acceptable, and the amount of the potential proffer appropriate. Aside from this, the application appears to have mitigated many of the impacts associated Nvith the rezoning request. Follmving the required public hearing, a recommen(latlon regarding this rezoning application to the Board of Supervisors ivould be appropriate The applic(iiit shorlld be prepared to adeltrlately address all conceives raised by the Planning Commission. 0 0 Rezoning 1103-15MBC, LC April 21, 2015 Page 2 This report is prepared by the Frederick Colrilty Plalrning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision oil this application. It may also be usefid to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this stuff repol't. Reviewed Action PlaIlniIIg Commission: 05/06 /15 Pending Board of Supervisors: 05/27/15 Pending PROPOSAL: To rezone 2.96+/- acres as follows: 0.60-1-/- acres From MI-I1 (Mobile Home Community) District to 132 (General Business) District and 2.36 acres from 133 (Industrial Transition) District to 132 (General Business) District with proffers. LOCATION: The properties are located on the southern side of' Route 7, and 3/4 miles east of Winchester at Eckard Circle. MAGISTERIAL DISTRICT: Redbud PROPERTY Ill NUMBERS: 55-A-34 and 55-A-34A PROPERTY ZONING: B3 (Industrial Transition) with Proffers that allow only one use; Mobile Home Sales. PRESENT USE: Vacant. ADJOINING PROPERTY ZONING & PRESENT USE: North: 132 (General Business) Use: Commercial RP (Residential Performance) Residential/Assisted Living South: MI -II (Mobile Home) Use: Mobile Home Community East: 132 (General Business) Use: Commercial West: M2 (Heavy Industrial) Use: Industrial 0 0 Rezoning 1103-15MBC, LC April 21, 2015 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see allached email dales! Allarch 23, 2015.Jrom Allallhelw E. Smith, P.E. Fire and Rescue: Plan approved. Public Woi-ks Department: The proposed rezoning of 2.96 acres owned by MBC, LC is approved by The Public Works Department without further conlnlents. Frederick County Sanitation Atldlol'ity: Please see attached leper doled Allarch 2, 2015ji•om Ulve e. Gheindel, PE. Frederick -Winchester Service Authority: The applicant needs to be clearer on sewer and water. 1. 20" water easement has nothing to do with sewer conveyance. Does water main exist in easement? No technical comments. FIederick County Park & Recreation: Parks and Recreation encourages the proffered support for a Route 7 pedestrian crossing. However; identifying this as "in the vicinity of Millwood Drive" will put the crossing at a signalized intersection and is advised. Frederick County Public Schools: No comments. Frederick Count}, Attorney: Please see atlached leller daled Alarch 27, 2015,.fivin Roderick B. Williams, Count} Allor»ey. PlanningT & ZoniIl<g 1) Site Histoly In 1995, the property for which this rezoning being requested was subject to rezoning application RZ#03-95. This application was for a B3 (Industrial Transition) commercial zoning with proffers. The proffer statement was very specific in that it stated that the rezoned property shall only be used for manufactured home model display and sales with associated office. The property was previously zoned B2 (General Business). 2) COIllp1•ehensive 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 colllpollellts of community life. The primary goal of this plaIl Is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. • Rezoning UO3-15M13C, LC April 21, 2015 Page 4 The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. In order for any proposed rezoning to be approved, the applicants will be expected to contribute a reasonable portion of the costs of new or expanded inl1*astructure needed to serve the proposed development. Such contributions can be in the form of cash, dedicated land, or constructed improvements or in an), other manner consistent with the Code of Virginia. [2030 Comprehensive Plan, Implementing the Plan, VJ Rezoning requests Should be evaluated to determine their potential impacts on public facilities. Costs to the County should be estimated in terms of what impact the development, which could result from the proposed rezoning, would have on public facilities and infrastructure. [2030 Comprehensive Plan, Implementing the Plan, VJ Rezoning requests Should not be approved Unless the net impacts on public facilities are positive, or unless the negative impacts can be adequately addressed through proffers or some other means. A request for rezoning may be turned down even though all fiscal impacts appear to be addressed. If there are other impacts which are not addressed by the rezoning application, or if the request does not conform to this plan, a similar method should be developed for determining the impacts of proposed developments on transportation systems and other public facilities. [2030 Comprehensive Plan, Implementing the Plan, VJ Land Use. The 2030 Comprehensive Plan and the Senseny/Eastcrri Frederick Urban 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 high density residential land use designation. Historically, this property has been identified with a commercial land use designation and the area fronting along Route 7 has developed Commercially. In general, the proposed Commercial land use designation for this property is Consistent with the current laud use supported by the Comprehensive Plan which continues to promote the existing commercial land uses along the Route 7 corridor. This general area Continues to Contain and promote both commercial and residential land uses. Site Access and Tramsportation. The Eastern Road Plan and the Senseny/Eastern Frederick Urban Area Plan call for Route 7 to be an improved major arterial road. Access to this site will be via a direct connection to Route 7, Berryville Pike, and indirectly, from Eckard Circle. The site is located in close proximity to the intersection of Route 7, Blossom Drive, and Millbrook Drive, a direct route to the Millbrook High and Red Bud Run Elementary school cluster, and the southern entrance to the Third Battle of Winchester Battlefield site. As a result of this, concern has previously been expresses( about egress from this site for traffic looking to travel west on Route 7. In addition, the location of this intersection provides an opportunity to address pedestrian accommodations at this location that would benefit pedestrians and bicyclists using this area. 0 Rezoning 1103-15MBC, LC April 21, 2015 Page 5 The application proposes to stage the use of the entrances to this site based upon vehicle trip counts; closing the easternmost entrance (closest to the existing signal) with any development on the site and utilizing an entrance onto Cckard Circle until 500 Vehicle Trips per Day (VPD) Is achieved. The westernmost entrance will be Improved and Ultimately be the entrance serviIlg tine site. As part of the development of this site, additional right-of-way will be dedicated along Route 7 and a 10' hike/bike trail will be constructed. In addition, the owner proffers to contribute additional money available for pedestrian improvements along the Route 7 corridor; $10,000 when the use of the property generates more than 500 Vehicle "Trips per Day (VPD), and $50,000 when uses on the property generate more than 1,500 VPD. It is noted that the guaranteed improvements are the same as those that would be required with the development of the site and the proffered contributions for additional pedestrian improvciric its would only occur if the use of the property increases in the future. EnWrownenf. Issues concerning water quality, quantity, use, and protection of water resources are directly related to land development activities. Water supplies are needed to support development, while surface and groundwater are potentially affected by development activities [2030 Comprehensh,e Plan, Section III, Natural Resources]. Hislor ). According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. 3) Site Suitability/Environment The site is not located within or near any 100 year floodplalns. In addition, there are no woodlands or other environmental features on the site. 4) Potential Impacts It should be noted that this application provides no limitation on the potential commercial land use that may be developed on the site. All land uses permitted in the B2 district would be allowed. However, it is unlikely that they would be able to develop at their 1114 xinnum intensity due to the Vehicle Trip per Day (VPD) cap that the Applicant has proffcrec 2,977 VPD). The Application has addressed the potential impacts of this rezoning request by linking improvements to the vehicle trip count, therefore, the majority of' the impacts addressed deal With transportation. This Is a highway commercial location and a more intensive developmeIt proposal would be appropriate. As such, it is Important to ensure the impacts associated With such a development are addressed. Rezoning 1103-15MBC, LC April 21, 2015 Page 6 Transportation improvements to Route 7, Berryville Pike, are anticipated in the future. Therefore, It Is important that the right-of-way needs IOC the future improvements to Route 7 are accommodated, and the applicatioIl provides some contribution to transportation improvements resultiIlg from the impacts of this new development. The additional dedication of right -of -Way along Berryville Pike to provide a minimum right-of-way of' 60' from the road centerline of eastbound Route 7 appears to be sufficient. The proposed monetary contribution may be an acceptable alternative to the actual construction of physical improvements. It should be detehvnined if the amount and timing of the contribution is sufficient given the potential use of the property. Frederick County Transportation Comments: Due to the recent receipt of VDOT's comments on the package and their concerns With the TIA, staff would note that any comments that follow could be amended Upon Seeing updates/corrections to the TIA. Staff is supportive of the entrance limitations and pedestrians enhancements proffered by the applicant. However, as VDOT did, staff would note that there is a possible need for a right turn lane into the proposed entrance on Route 7 and Would suggest that warrants be run to determine this. Due to the phased nature of the transportation proffers and the associated trips, perhaps the turn lane can be accommodated the same way. Finally, regarding R-O-W, it appears that 10' is sufficient, but staff would recommend following VDOT's recommendation of a conceptual layout to evaluate this. 5) Proffer Statement A) Allowed Uses: All of the uses permitted in the B2 (General Business) District would be allowed. No additional use restrictions have been proffered by the Applicant. This application addresses the intensity of' the development by relating this to the number of Vehicle Trips per Day (VPD). 500 VPD and 1,500 VPD are the two triggers used to initiate entrance modifications and monetary contributions for off site pedestrian improvements. A total cap on the development intensity on the site of 2,977 VPD is used by the Applicant. This is consistent with the TIA prepared for this application. B) Access Management and Transportation: The application proffers to stage the use of the entrances to this site based upon vehicle trip counts as follows: • Closing the easternmost entrance (closest to the existing signal) with any development on the site. • Utilizing an entrance onto Eckard Circle until 500 Vehicle Trips Per Day (VPD) is achieved. Rezoning 1103-15MC LC April 21, 2015 Page 7 The westernmost entrance will be improved and ultimately be the entrance serving the site. The application proffers to contribute additional money available for pedestrian inlprovenlents along the Route 7 corridor based on vehicle trip counts as follows: • $10,000 when the use of the property generates more than 500 Vehicle Trips per Day (VPD) • $50,000 when LISCS oil the property generate more than 1,500 VPD. It has been noted that this is the only potential contribution to off -site transportation improvements associated to this request. C) Site Development: No additional site development standards have been proffered. D) Mitigating the Impact of Development: The Applicant has proffered a cash contribution in the amount of $0.10 per building square foot to be directed to Frederick County lire and Rescue. 'file purpose of this dedication would be to assist in the capital facility needs of fire and rescue associated with the dcvclopnlent of this property. The Applicant has proffered a restriction on outdoor construction activities on the site to minimize the potential impact of the dcvclopnlent of the site on the residents Of the neighboring mobile ]ionic park. AFF CONCLUSIONS FOR TIE 05/06/15 PLANNING COMMISSION Mr This is an application to rezone a total of2.96 acres of land from B3 (Industrial Trai Itloll) district with restrictive proffers and the MI -I I (Mobile I-Ionle Community) District to B2 (Genet it Business) District with proffers to accommodate cOlninercial uses. Tile property is located within rban Development Area (UDA) and the Sewer and Water Service Area (SWSA). In general, the proposed commercial land use designation for this property is consistent with the current land use supported by the Comprehensive Plan which C011611LICS t0 pl'011lOIC the existing commercial land LISCS along the Route 7 corridor. This general area continues to contain and promote both commercial and residential land uses. With this rezoning, the applicant has proffered that this project will contribute to off -site pedestrian improvements based Upon all increase ill the intensity Of the Use Of this Site. With a maX11111.1111 cap oil the total Vehicle Trips per Day for this site of 2,799 VPD, the transportation impacts associated with this request are limited t0 all exteIlt. Tile Planning Commission S1101-11d evaluate if the approach t0 addressing the transportation component of the application is acccl)tablc, and the amount of the potential proffer appropriate. Aside front this, the application appears t0 have initlgated Illally of the impacts associated with the rezoning request. Rezoning 1103-15MBC, LC April 21, 2015 Page 8 Following the required public hearing, a recommendation reQQrdiliQ this rezoning applicatioil to the Board of Supervisors would be appropriate The applicaiit should be prepared to adeguatelV address all concerns raised by the Planning Commission. CD AMENDMENT Action: PLANNING COMMISSION: May 6, 2015 - Recommended Approval BOARD OF SUPERVISORS: June 10, 2015 ® APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03-15 OF MBC, LC WHEREAS, Rezoning 803-15, MBC, LC, submitted by GreyWolfe, Inc., to rezone 2.96 acres from B3 (Industrial Transition) District with restrictive proffers and the MI I (Mobile Home Community) District with proffers to the B2 (General Business) District to accommodate commercial uses, dated February 26, 2015, last revised on June 1, 2015, was considered. The property is located on the southern side of Route 7, and'/ miles east of Winchester at Eckard Circle. The property is further identified with PIN(s) 55-A-34 and 55-A-34A in the Red Bud Magisterial District; and. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 6, 2015 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning 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 2.96 acres of land from B3 (Industrial Transition) District with restrictive proffers and the MH1 (Mobile Home Community) District with proffers to the B2 (General Business) District to accommodate commercial uses. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRes #16-15 • -2- This ordinance shall be in effect on the date of adoption. Passed this 1 Oth day of June, 2015 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Robert A. Hess Aye Robert W. Wells Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Jason E. Ransom Aye A COPY ATTEST /*r�eil-da G. Garton Frederick County Administrator VIRGINIA: FREDERICK COUNTY.SM This instrument of writing was produced to me on (0 I at I (��J�o A,A- and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ A , and 58.1-801 have been paid, if assessable 41,�e4 , Clerk PDRes 416-15 BOS Res. #090-15 15QD055 pr(LL ST" TMMEN• o Rezoning: Property: Record Owner: Project Name: Original Date of Proffers: Revision Date: RZ # 03-15 Area: 2.96 acres Tax Parcels 55-(A)-34 & 55-(A)-34A MBC, LC MBC Rezoning February 26, 2015 April 3, 2015 May 11, 2015 June 1, 2015 June 10, 2015 Magisterial District: Redbud Pursuant to Section 15.2-2296 Bt. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owner hereby offer the following proffers that In the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 4_-15 for rezoning of 2.96-acres from the B-3 & MI-I-1 Districts to General Business (B-2) District, development of the subject property shall be done in conformity with the terIIls and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and sLlch are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this owner and their legal successors, heirs, or assigns. The Properties are more particularly described as the lands conveyed to MBC, LC from Mildred F. Cole as recorded in the Frederick County Circuit Court Clerk's Office as instrument #00013492 dated December 1, 2000. • Proffers: 1. Transportation a. Access i. The eastern existing entrance on Berryville Pike (Route 7) near Eckard Circle shall be closed prior to the first occupancy permit. ii. An entrance onto Eckard Circle shall be utilized until development on the Properties creates more than 500 VPD. iii. The western entrance on the Properties from Berryville Pike (Route 7) shall be improved to current VDOT standards prior to the first occupancy permit. iv. A right turn lane warrant analysis shall be submitted with any site plan for any site entrance located along the frontage of Route 7. b. Dedication and Pedestrian Access The owner hereby proffers to dedicate additional land along Berryville Pike to provide a minimum of 60' of right of way from the centerline of eastbound Route 7. This is will be done prior to the first occupancy permit. ii. The owner hereby proffers to construct a 10' paved hiker/bike trail along the Property's frontage with Berryville Pike per the 2030 Comprehensive Plan. This is will be done prior to the first occupancy permit. iii. The owner proffers to contribute $10,000 to Frederick County for transportation improvements along Route 7 when uses generate more than 500 vehicle trips per day (VPD) computed at site plan submission. iv. When uses on the Properties generate more than 1,500 VPD as computed at site plan submission; the owner will contribute an additional $50,000 to Frederick County for transportation improvements along Route 7. �Cd CD 2 0 O Development Cap i. In conformance with the Traffic Impact Analysis prepared by Stowe Engineering, PLC in 2015, the development of the property shall generate a maximum of 2,977 vehicles per day per the 9th edition of ITE Trip Generation. If a property use is proposed with a higher daily trip generation at site plan submission, a revised Traffic Impact Analysis shall be included with the submission of the site plan. 2. Fire & Rescue — Monetary Contributions a. The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. Considerations for neighboring Mobile IIome Park: a. The owner proffers that outdoor construction activities, on the Properties, shall not begin prior 7:30 AM and will conclude no later than 7:30 PM. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other I'equirenlents set forth in the Frederick County Code and OrdiIlance. Respectfully Submitted: By: 1 /► ��►�c e MBC, LC0 - 71 1L1 'zc(�;�1� l ��r�� Date Commonwealth of Virginia, City/County of � J, ic\c%es4-V To Wit: �h The foregoing instrument was acknowledged before me this 15 day of une , 20 IS By � \•v �r Y� 1 � Y L Na Public Registration Number 0 `N jV',GGj•7!misslon Expires 1 4 2: a MY �i 'Z"4 t T I i �• � rzxTl*J''' OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 06/18/15 TIME: 11:36:24 ACCOUNT: 069CLR150005516 RECEIPT: 15000011116 CASHIER: EAB REG: WE17 TYPE: OTHER PAYMENT: FULL PAYMENT INSTRUMENT 150005516 BOOK: PAGE: RECORDED: 06/18/15 AT 11:36 GRANTOR: MBC LC EX: N LOC: CO GRANTEE: FREDERICK COUNTY ZONING EX: N PCT: 1000 AND ADDRESS : , RECEIVED OF : FRED CO/ROD WILLIAMS/COUNTER CHECK: $21.00 DESCRIPTION 1: {00013492) PROFFER STATEMENT 2: CONSIDERATION: .00 A/VAL: 301 DEEDS 14.50 145 VSLF 106 TECHNOLOGY TRST FND 5.00 PAGES: 5 OP: 0 NAMES: 0 00 MAP: MISC PIN: 1.50 TENDERED 21.00 AMOUNT PAID: 21.00 CHANGE AMT : .00 CLERIC OF COURT: REBECCA P. HOGAN PAYOR'S COPY RECEIPT COPY 1 OF 2 r-1 to Rezoning: Property: Record Owner: Project Name: Original Date of Proffers: Revision Date: RZ # 03-15 Area: 2.96 acres Tax Parcels 55-(A)-34 & 55-(A)-34A MBC, LC MBC Rezoning February 26, 2015 April 3, 2015 May 11, 2015 June 1, 2015 Magisterial District: Redbud Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #= 15 for rezoning of 2.96-acres from the B-3 & MH-1 Districts to General Business (B-2) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this owner and their legal successors, lieirs, or assigns. The Properties are more particularly described as the lands conveyed to MBC, LC fi-om Mildred F. Cole as recorded in the Frederick County Circuit Court Clerk's Office as instrument #00013492 dated December 1, 2000. C� • Proffers: 1. Transportation a. Access i. The eastern existing entrance on Berryville Pike (Route 7) near Eckard Circle shall be closed prior to the first occupancy permit. ii. An entrance onto Eckard Circle shall be utilized until development on the Properties creates more than 500 VPD. iii. The western entrance on the Properties fi•om Berryville Pike (Route 7) shall be improved to current VDOT standards prior to the first occupancy permit. iv. A right turn lane warrant analysis shall be submitted with any site plan for any site entrance located along the frontage of Route 7. b. Dedication and Pedestrian Access i. The owner hereby proffers to dedicate additional land along Berryville Pike to provide a minimum of 60' of right of way from the centerline of eastbound Route 7. This is will be done prior to the first occupancy permit. ii. The owner hereby proffers to construct a 10' paved hiker/bike trail along the Property's frontage with Berryville Pike per the 2030 Comprehensive Plan. This is will be done prior to the first occupancy permit. iii. The owner proffers to contribute $10,000 to Frederick County for pedestrian improvements along Route 7 when uses generate more than 500 vehicle trips per day (VPD) computed at site plan submission. iv. When uses on the Properties generate more than 1,500 VPD as computed at site plan submission; the owner will contribute an additional $50,000 to Frederick County for pedestrian improvements along Route 7. 2 0 • c. Development Cap i. In conformance with the Traffic Impact Analysis prepared by Stowe Engineering, PLC in 2015, the development of the property shall generate a maximum of 2,977 vehicles per day per the 9th edition of ITE Trip Generation. If a property use is proposed with a higher daily trip generation at site plan submission, a revised Traffic Impact Analysis shall be included with the submission of the site plan. 2. Fire & Rescue — Monetary Contributions a. The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. Considerations for neighboring Mobile Home Park: a. The owner proffers that outdoor construction activities, on the Properties, shall not begin prior 7:30 AM and will conclude no later than 7:30 PM. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner and owner. hn the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply_to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: By: MBC, LC Commonwealth of Virginia, City/County of To Wit: Date The foregoing instrument was acknowledged before nne this _ day of , 20_ Notary Public My Commission Expires Registration Number RZ # 03-15 Area: 2.96 acres Tax Parcels 55-(A)-34 & 55-(A)-34A MBC, LC MBC Rezoning February 26, 2015 April 3, 2015 May 11, 2015 June 1, 2015 Magisterial District: Redbud lJ Pursuant to Section 15.2-2 )6E-,t. eq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick COLlllty Zoning Ordinance with respect t0 conditional Z0I1i 1g, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #_-15 for rezoning of 2.96-acres from the B-3 & MI-I-1 Districts to General Business (B-2) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffbi-s shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this owner and their legal successors, heirs, or assigns. Rezoning: Property: Record Owner-: Project Name: Original Date of Proffers: Revision Date: The Properties are more particularly described as the lands conveyed to MBC, LC from Mildred F. Cole as recorded in the Frederick County Circuit Court Clerk's Office as instrument 400013492 dated December 1, 2000. Proffers: 1. Transportation a. Access i. The eastern existing entrance on Berryville Pike (Route 7) near Eckard Circle shall be closed prior to the first occupancy permit. ii. An entrance onto Eckard Circle shall be utilized until development on the Properties creates more than 500 VPD. iii. The western entrance on the Properties from Berryville Pike (Route 7) shall be improved to current VDOT standards prior to the first occupancy permit. iv. A right turn lane warrant analysis shall be submitted with any site plan for any site entrance located along the frontage of Route 7. b. Dedication and Pedestrian Access i. The owner hereby proffers to dedicate additional land along Berryville Pike to provide a minimum of 60' of right of way from the centerline of eastbound Route 7. This is will be done prior to the first occupancy permit. ii. The owner hereby proffers to construct a 10' paved hiker/bike trail along the Property's frontage with Berryville Pike per the 2030 Comprehensive Plan. This is will be done prior to the first occupancy permit. -� iii. The owner proffers to contribute $10,000 to Frederick County for /tdNJP�(pT,,, +W@s#iarrimprovements along Route 7 when uses generate more than 500 vehicle trips per day (VPD) computed at site plan submission. iv. When uses on the Properties generate more than 1,500 VPD as computed at site plan submission; the owner will contribute an additional $50,000 to Frederick County forpexlersFierimprovements along Route 7. 7Xptilr9,-rAS7oA/ Y .. ro o�r 4J k I p o(' owAe,. N 9 i� c. Development Cap i. In conformance with the Traffic Impact Analysis prepared by Stowe Engineering, PLC in 2015, the development of the property shall generate a maximum of 2,977 vehicles per day per the 9th edition of ITE Trip Generation. If a property use is proposed with a higher daily trip generation at site plan submission, a revised Traffic Impact Analysis shall be included with the submission of the site plan. 2. Fire & Rescue - Monetary Contributions a. The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. Considerations for neighboring Mobile Home Park: a. The owner proffers that outdoor construction activities, on the Properties, shall not begin prior 7:30 AM and will conclude no later than 7:30 PM. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: �18 c c 64-?'A T.,, �ow.+� By: �, �� �r �� << -r�,�,/ 6/6- MBC, LC r(,.4,,71,; 044v-e.Date Commonwealth of Virginia, City/City of To Wit: The foregoing instrument was acknowledged before me this 4'#( day of , 20/ By C&, - a . &&�, �", W lilellr-df4� / -nb oil Notary Public Registration Number My Commission Expires 3 - 3 1 - / 9 0 • Rezoning: Property: Record Owner: Project Name: Original Date of Proffers: Revision Date: Magisterial District: RZ # 03-15 Area: 2.96 acres Tax Parcels 55-(A)-34 & 55-(A)-34A MBC, LC MBC Rezoning February 26, 2015 April 3, 2015 May 11, 2015 Redbud Pursuant to Section 15.2-2296 El. Sccl. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 9_-15 for rezoning of 2.96-acres from the B-3 & MI-1 Districts to General Business (B-2) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this owner and their legal successors, heirs, or assigns. The Properties are more particularly described as the lands conveyed to MBC, LC from Mildred F. Cole as recorded in the Frederick County Circuit Court Clerk's Office as instrument #00013492 dated December 1, 2000. 0 0 Proffers: 1. Transportation — Vehicle Trips per Day to be determined at Site Plan submission utilizing ITE Trip Generation 7"' Edition. a. Access i. The eastern existing entrance on Berryville Pike (Route 7) near Eckard Circle shall be closed prior to the first occupancy permit. ii. An entrance onto Eckard Circle shall be utilized until development on the Properties creates more than 500 VPD. iii. The western entrance on the Properties from Berryville Pike (Route 7) shall be improved to current VDOT standards prior to the first occupancy permit. b. Dedication and Pedestrian Access The owner hereby proffers to dedicate additional land along Berryville Pike to provide a minimum of 60' of right of way from the centerline of eastbound Route 7. This is will be done prior to the first occupancy permit. ii. The oNvner hereby proffers to construct a 10' paved hiker/bike trail along the Property's frontage with Berryville Pike per the 2030 Comprehensive Plan. This is will be done prior to the first occupancy permit. iii. The owner proffers to contribute $10,000 to Frederick County for pedestrian improvements along Route 7 when uses generate more than 500 vehicle trips per day (VPD). iv. When uses on the Properties generate more than 1,500 VPD; the owner will contribute an additional $50,000 to Frederick County for pedestrian improvements along Route 7. 2 2. Fire & Rescue — Monetary Contributions a. The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building; square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. The owner hereby proffers not exceed 2,977 VPD's as presented in the Traffic Impact Analysis by Stowe Engineering, PLC. 4. Considerations for neighboring Mobile Home Park: a. The owner proffers that outdoor construction activities, on the Properties, shall not begin prior 7:30 AM and will conclude no later than 7:30 PM. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: By: 1B . LG h P,/j; MBC, LC o^ L--e c t C,-k � �� Trus> Date Nf 1`7 d tf rd Cc r Tf�sa /yq�j. �� �.ti'r Commonwealth of Virginia, City/County of L� 4\G .s-}y To Wit: The foregoing instrument was acknowledged before me thishday of, 20 J By r4A C5Acw `A y Publ' Registration Number My Commission Expires �-) - So -2o I �- r � • Rezoning: RZ # 03-15 Property: Area: 2.96 acres Tax Parcels 55-(A)-34 & 55-(A)-34A Record Owner: MBC, LC Project Name: MBC Rezoning Original Date of Proffers: February 26, 2015 Revision Date: April 3, 2015 Magisterial District: Redbud Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 4_-15 for rezoning of 2.96-acres from the B-3 & MI-I-1 Districts to General Business (B-2) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this owner and their legal successors, heirs, or assigns. The Properties are more particularly described as the lands conveyed to MBC, LC from Mildred F. Cole as recorded in the Frederick County Circuit Court Clerk's Office as instrument 400013492 dated December 1, 2000. 1 0 18 Proffers: 1. Transportation — Vehicle Trips per Day to be determined at Site Plan submission utilizing ITE Trip Generation 7`" Edition. a. Access The eastern existing entrance near Eckard Circle shall be closed prior to the first occupancy permit. ii. An entrance onto Eckard Circle shall be utilized until development on the Properties creates more than 500 VPD. iii. The western entrance on the Properties from Berryville Pike (Route 7) shall be improved to current VDOT standards prior to the first occupancy permit. b. Dedication and Pedestrian Access i. The owner hereby proffers to dedicate additional land along Berryville Pike to provide a minimum of 60' of right of way from the centerline of eastbound Route 7. This is will be done prior to the first occupancy permit. ii. The owner hereby proffers to construct a 10' paved hiker/bike trail along the Property's frontage with Berryville Pike per the 2030 Comprehensive Plan. iii. The owner proffers to contribute $10,000 to Frederick County for pedestrian improvements along Route 7 when uses generate more than 500 vehicle trips per day (VPD). iv. When uses on the Properties generate more than 1,500 VPD; the owner will contribute an additional $50,000 to Frederick County for pedestrian improvements along Route 7. 2 2. Fire & Rescue - Monetary Contributions The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. The owner hereby proffers not exceed 2,977 VPD's as presented in the Traffic Impact Analysis by Stowe Engineering, PLC. 4. Considerations for neighboring Mobile Home Park: a. The owner proffers that outdoor construction activities, on the Properties, shall not begin prior 7:30 AM and will conclude no later than 7:30 PM. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: /16C z,C bC�7 By: H: ��� C leC r > r, u ><,� <<<<h C , o MBC (LCt f 4 Date Commonwealth of Virginia, City/County of � A�'�' -A\c;.V`,` To Wit: The foregoing instrument was acknowledged before me this CIO day of J)j,r.1 , 20 C5 By �Y�vtt U ltil\o1\C r�OYV` I �� `I •32- l� `Notary Public S Registration Number My Commission Expires -I - C -Lc%1 c' 0 • GREYWOLFE, INC. , 1073 REDBUD ROAD • WINCHESTER VA 22603 w (540) 667-2001 • (540) 545-4001 FAX s GREYWOLFEINC@AOL.COM ll \ Frederick County Planning & Development March 31, 2015 107 North Kent Street Winchester, VA 22603 Mr. Ruddy, Thank you for the response to the MBC Rezoning application. I will attempt to address your below. 1. In regards to "no limitations" on the uses. While the application requires an analysis of 50,000 sf retail, the area within the setbacks and buffers is 38,913 sf. That would only leave enough room for 85 parking spaces on the remainder of the site within setbacks and buffers. During the roundtable meetings with VDOT, they felt an analysis of a drive-thru fast-food restaurant was more likely and delivers an extremely high amount of traffic. That is why we have capped the traffic 2,977 VPD's in the proffers. 2. Proffer 1 has been modified based on your comments and that of the County Attorney. 3. I have not, nor will proffer to preserve the existing vegetation along the mobile home park. While that would definitely save money on development costs, future development may want to plant a more attractive buffer since the existing vegetation is mostly briars, brush, and locust trees. 4. The proffer containing the 2,977 VPD cap is meant to protect the County from any unexpected high traffic generator that is not accounted at this time. Our transportation proffers are designed to address anything up to a fast-food restaurant with drive-thru lanes. The 1,500 VPD trigger is in line with 10,000 sf of retail (a strip mall) developed on the site in the future. S. The proffer language for the $10,000 contribution has been changed to remove "in the vicinity of Denny Lane." That way the money may be applied wherever the County and VDOT determine is the best location for a crossing. Thank you, Gary R. Oates, LS-B, PE GreyWolfe, Inc 1-1 lit March 13, 2015 Mr. Gary Oates, LS-B, PE GreyWolfe, Inc 1073 Redbud Road Winchester, Virginia 22603 COUNTYof FRCDCRICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 RE: Request for Historic Resources Advisory Board (HRAB) Comments MBC Rezoning (1790 Berryville Pike); PIN # 55-A-34, 55-A-34A Dear Gary: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. Furthermore, this site was previously rezoned in 1995. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/pd 107 North Kent Sheet, Suite 202 9 Winchester, Virginia 22601-5000 0 From:Frederick Co Fire & Rescue 540 678 4739 03/04/2015 11:30 #834 P.003/005 Rezoning Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please F11 out the information as accurately as possible in order to assist the Frederick County Fire Marshal, Nyith his review. Attach a copy ofyour application form, location xngp, proffer statement, impiact .tpalys�s?;and aAy;o.thcr, pertinent information Applicant's Name: GreyWolfe, Inc. - Gary R. Oates, LS-B, PE "Telephone: 540-667-2001 Mailing Address: 1073 Redbud Road, Winchester, Virginia, 22603 Winchester, Virginia 22603 Location of property: South side of Route 7 at Eckard Drive Current zoning: MH1 & B-3 Zoning requested: B-2 Acreage: 2.970 ac. Fire Marshal's Comments: A iL -A R-S fl At, C EFiI i C� Uiio r Y Fire Marshal's Signature & Date: 1 S Notice to Fire Marshal - Please Return This Form to the Applicant 22 RECEIVED FEB 2 7 20t 0 0 From:Frederick Co Fire & Rescue 540 678 4739 03/04/2015 11:29 #834 P.002/005 Control number RZ15-0003 Project Name Rt 7 & Eckard Dr. Address 1073 Redbud Rd. Type Application Rezoning Current Zoning MH1 & B3 to B2 Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan A.norove., Plan Approval Recommended Yes Date received Date reviewed Date Revised 2/27/2015 3/3/2015 Applicant GreyWolfe, Inc City State Zip Applicant Phone Winchester VA 22603 540-667-2001 Tax ID Number Fire District Roscue District 18 18 Recommendations Automatic Fire Alarm System Yes Regi1inarneF'ts Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Election District Red Bud Residential Sprinkler System No Fire Lane Required No Special Hazards No Reviewed By Signature _ T. _ ....._.._ Kenneth Scott Title Rc/uning ( pill n►entc f redcrick County Department -if Public %%orkc Mail Its: FrcJ:riA G:unt% Dvpt. -, 'PublK .\till: Direct,,�r of En_incerin!_ 107 V: nh Kent Street 1� ulche�[er. u-t•tnta Flantl dulki-r 141: l r:J:ri:k Count\ [).'lit of Publi: Walk, \tin: Director of l.m6neerins: C ount� .\dmini:•trati•�n 131de... �,wtc 202 IIG, Nkwlh Kent Strect 1k niche.ter. \'trTnita Applivant: Please till nut the intoxnlatt,,n as ac.tlmtely a, lx,�;sihle nl ruder to a 'il: I):i`ailnlent of Publi: Wt,rk, with -1- r r. � ici.% Allaeh a t•upy of your applitAinn Ginn, liw:tlirrn iertlt, ltrnffur statement, impact analyci%. and any other pertinent information. �I'i'lic.int'. \ante. r�'uYVJu�`e- Ir,c - rury R Oatc�. LS S PE I clephone: FAO ou7 200" \I.tilins Addr:>, 1Q/:i Fie•.!mjc! Rcnd ":rncht•.:iler, Vnautia 22603 R South srao of Route 7 it Ea and Drivo ` l.,�catit�n t>t pr.�pcm•: _ = %III R B-3 fi-J r 2 `d/O at:. l ::rr:llt It tlltl_: �lnin: rer.IllC�ted: .�CfC.1..C" I)clrtrintcnt of I'ultlir N)r'k's Comnivnt%: t { �1,mrt�. � - K i �G o ✓ tl �S Y-t�[i Lk v ,' YYlL r �V C 1 ll D.11 __t� Notice to Dept. of Public Wo - I'le:ue Return Thi, Furth Irr Ilic \lrlrliv>tn1 0 0 Rezoning Comments Fredcriclt County Sanitation Authority, !Mail to: Frederick County Sanitation Authority Attn: Engincer P.O. Box 1877 Winchester, Virginia 22604 (5,10) 868-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stcphcns City, Virginia Applicant: Please fill out tilt information as accurately as possible in order to assist the Sanitation Authority With their review. Attach a copy oryow• application form, locatioll slap, proffer staternellt, impact analysis, and any other Pertitlent information. Applicant's Nail7e: GreyWolfe, Inc. - Gary R. Oates, LS-B, PE "I'cicphone: 540-667-2001 Mailing Address: 1073 Redbud Road, Winchester, Virginia, 22603 Winchester, Virginia 22603 Location of property: South side of Route 7 at Eckard Drive Current zoning: MH1 & B-3 Zoning rcgllestcd: B-2 Acreage: 2.970 ac. l Sanitation Authority Collllllents: Sanitation Authority Signature & Date: Notice t0 Sanitati0ll Authority - Please Retllrll This Form to the Applicant 25 Rezoning Comments Frederick -Winchester Service Authority Mail to: Hand deliver to: ):red-Winc Service Authority Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director Attn: Jesse W. Moffett P.O. Box 43 107 North Kent Street Winchester, Virginia 22604 Winchester, Virbinia (540) 722-3579 Applicant: PICaSC fill Out the rnfol'illation as accurately as possible in order to assist the Find-Winc Service Authority lvlth their review. Attach a copy of yoltl. Ipplic ltioll form, location slap, proffer statell) ell t, impact analysis, and any other pertinent information. Applicant's Nlanle: GreyWolfe, Inc. - Gary R. Oates, LS-B, PE Telephone: 540-667-2001 Mailing Address: 1073 Redbud Road, Winchester, Virginia, 22603 Winchester, Virginia 22603 Location of property: South side of Route 7 at Eckard Drive Current zoning: MH1 & B-3 Zoningrequested: B-2 9 — Acreabe: 2.970 ac. Fred -\Vine Service Authority's Cornntents: �c Rp►�c (wads be 4eaw on saw4y*w ewme * hos +ha{Itu� do u�,{fn x� -- ©ar yo et. wafer n�a�w "ts+ u„ eme"WO _ (:red-Winc Service Authorit 's -- — Signature & Date: Notice to hied-Winc Service Authority - Please Return Form to Applicant 33 0 • Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bid-., 2nd Ploor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department ofParks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: GreyWolfe, Inc. - Gary R. Oates, LS-B, PE Mailing Address: `I'c l e ph on c: 540-667-2001 1073 Redbud Road, Winchester, Virginia, 22603 Winchester, Virginia 22603 Location of property: South side of Route 7 at Eckard Drive Current zoning: MH1 & B-3 Zoning requested: B-2 Acreage: 2.970 ac. Department of Parks & Recreation Comments: L7� j20 CLA Ala ,{1 n,-Yl C C_ I Y) . 46/1, 'P v�_ /_ LT�I�/l tLl-llj (.1 i ✓� 1�6'd-r--�"t U/1 GlJ✓) L� (J lX�L/ � F� , Pks. & Rec. Signature & Date: ~� . �'i ! Notice to Department of Parks & Itecreatiot Please Return This Form to the Applicant 23 Rezoning Comments Superintendent of Frederick County Public Schools Mail to: Frederick County Public Schools Attn: Superintendent P.O. Box 3503 Winchester, Virginia 22604 (540) 662-3888 1lanct ttclrvcr to: Frederick County Public Schools Attn: Superintendent School Administration Building 14 15 Amherst Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Superintencent of Public Schools with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent infol•malion. Applicants Nan1c: GreyWolfe, Inc. - Gary R. Oates, LS-B, PE Telephone: 540-667-2001 Mailing Address: 1073 Redbud Road, Winchester, Virginia, 22603 Winchester, Virginia 22603 Location ol'pt'operty: South side of Route 7 at Eckard Drive Current zoning: MW & B-3 Zoning requested: B-2 Acreage: 2.970 ac. Superintendent of Public Schools' Comments: aLl4 _ —(i —NI c')e r I -vim] i_i-7} IG' C` c17�•t ; i lature 3, Date: , -- ,�� r Superintendent's S gt try L✓� ^�li'«l a� �L ail/c Notice to School Superintendent - Please Refurn This Form to the Applicant 24 Impact Statement For consideration of Rezoning the lands for MBC Rezoning Redbud Magisterial District Frederick County, Virginia February 26, 2015 Tax Map Numbers 55-(A)-34 and 55-(A)-34A Total Area: 14.53 acres Owner of Record: MBC, LC 202 North Loudoun Street Winchester, VA 22601 (540) 665-2402 Contact: Gary R. Oates, LS-B, PI GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 (540) 667-2001 ofc (540) 545-4001 fax 0 MBC Rezoning Introduction The site is located on the southern side of Route 7 (Berryville Pike) at the intersection of Eckard Circle in Frederick County, VA. The front parcel site was zoned B-2 in the past and was rezoned to B-3 (with proffers) in 1995. Since then it has been used for manufactured home model display and sales with associated sales office per proffers. The rear parcel has been zoned MI-I-1 for many years. The applicant is seeking a change in zoning from B-3 & MI-I-1 to B-2 (with proffers) to create a more viable commercial parcel consistent with the Frederick County Comprehensive Plan. Existing Conditions The property is recently vacant. The stormwater drains generally to the west to a ravine and then in a southerly direction. Comprehensive Planning The site is intended to be zoned commercial per the comprehensive plan. There is public water and sewer available along Route 7 and Eckard Circle. The benefit to Frederick County by approving this rezoning will be a positive economic impact from businesses through taxes, as well as employment opportunities for its citizens. Proposed Development The site will be graded, landscaped, and roads installed that will meet current County and VDOT specifications. As long as traffic remains below 500 VPD's as is allowed now, a single entrance on Route 7 and a single entrance on Eckard Circle will be utilized. The development is planned for used car sales with the ability to eventually develop into office, retail, or restaurant. Physical Impacts The site is not located within or near any 100 year flood plains per FEMA Flood Map No. 51069CO240D. Furthermore, there are not any woodlands or noteworthy landscaping on site to preserve. Surrounding Properties The site is bounded by Route 7 to the north, Carlyle & Anderson (M-2) to the west, Gas -Mart (B-2) to the east, and a mobile home park (MH-1) to the south. Traffic Impact and Analysis, Report by Stowe Engineering is available upon request if not already provided. Sewer Conveyance and Treatment The FCSA has an 8" gravity line to the west. This commercial development is expected to generate 50 gallons/day/per seat for a total of 10,000 gpd. Water Supply The FCSA has a 20' waterline casement with an 8" main on the east side of the property. This development is expected to generate 50 gallons/day/per seat for a total of 10,000 gpd. Drainage The stormwater runoff drains to the southwest towards Ash Hollow stream. The applicant will be required to implement BMP's and other devices to meet the Commonwealth of Virginia's requirements as required by DEQ. Solid Waste Disposal The Civil Engineering Reference Manual, 0' edition, uses a rate of 5.4 cubic yards per 1,000 square feet of floor area. A 10,000 sf development will yield 54 cubic yards per year. The solid waste will be transferred to the Frederick County Landfill Facility by private licensed commercial carriers. Historical Impact There are no historically significant structures or features present. Educational Impact This development will not create additional students for the schools. 2 Police, Fire, and Rescue Impact The development will increase the burden on fire and rescue. The applicant is offering a proffer of $0.10 per constructed building square fool to the County for fire and rescue services. Parks & Recreation Impact This development is not expected to increase population; therefore, no measurable impacts are predicted. Soils The only soil type identified on the General Soil Map of the Soil Survey of Frederick County, Virginia is an Weikert-Berks channery silt loam (#41 C) as shown on map sheet #30. Tlvs soil type is generally shallow. The characteristics of this soil are manageable for development following the Virginia Erosion and Sediment Control practices. Geology This area is also known for shale topography. Page I of I —,� COUNTY OF FREDERICK P.O. BOX 225 WINCHESTER, VA 22604-0225 --- C. WILLIAM ORNDOIT, JR Real Estate Taxes Paid for Tax Year 2014 Mar) Number: 55 A 34A Name: MBC LC 'Picket 24843 24843 Scq# I 2 Accoun(lt 8045466 8045466 I Gill Date 4/14/2014 4/14/2014 Description .60 ACRE PARCEL 113 .60 ACRE PARCEL 113 Tax P.,lid $78.68 $78.68 Depttl RE2014 RE2014 Total Paid: $157.36 I III aIII OLIIIt i'CI)I'CSCI]tS I)a1'I1ICIltS apI)Iled Clt rinL CaICIIcLff )'Cal' 2014 and does not IIICILIdC PCI1ilIty, Interest or Credit Ltlyd I'eeS. Close this Window Print This Page 4/8/2015 Page 1 of I COUNTY OF FREDERICK P.O. BOX 225 f WINCI IESTER, VA 22604-0225 C. WILLIAM ORNDOPF, JR Real Estate Taxes Paid for Tax Year 2014 Map Number: 55 A 34 Name: MBC LC Depth Ticket# Segl-' ,lceountit Bill Date Description "fax Paid RE2014 24842 1 8028990 4/14/2014 2.36 ACRES $2,203.40 RE2014 24842 2 8028990 4/14/2014 2.36 ACRES $2,203.40 Total Paid: $4,406.80 I IIIS W110LII11 I-cpreScntS I)aymcntS applied CIL11.111L calendar year 2014 all(l CIOCS ]lot Il1CIL]dC PCllalty, Interest Or Credit Card I:ccS. Close this WindowF Print This Page 4/8/2015 0 0 MBC, L.C. CONSENT RESOLUTION The undersigned, being all of the members of MBC, L.C., do hcreby ratify and consent to the dissolution and liquidation of MBC, L.C. The Bank of Clarke County, Trustee of the Mildred F. Cole Trust, Manager, is granted authority to sell all properties owned by the L.C., and to list properties it deems are appropriate with Long & Foster/Webber Associates. Listing prices are per the attached schedule. For any contract deemed acceptable that is less than the listed amount, the contract will be submitted to the members for ratification, or in the absence of that on a timely basis, will be submitted to the court for approval. This Consent will be considered approved in accordance with Virginia Code Section 13.1-1022 effective September 10, 2014. IN WITNESS WHEREOF, the undersigned members have hereunto set their signatures and seals: Date: (SEAL) �� � r — ( / � . DEBORAH S. I OM Date: (SEAL) DINAH G. KRASICH Date: Date: 4 — t S-- t 9 Date: 9- — (5 — f '5 Date: (SEAL) JESSICA DANIELLE KRASICH (SEAL) DAWN M. SPEARS (SEAL) JA D THO SPEARS (SEAL) [,aE. ED PEARS MILDRED F. COLE TRUST Date: 9 .1 to — (4 By .1� �V Q rT-0 (�EALJ B K OF CLARKE COUNTY, TRUSTEE 0 MBC, L.C. CONSENT RESOLUTION The undersigned, being all of the members of MBC, L.C., do hereby ratify and consent to the dissolution and liquidation of MBC, L.C. The Bank of Clarke County, Trustee of the Mildred F. Cole Trust, Manager, is granted authority to sell all properties owned by the L.C., and to list properties it deems arc appropriate with Long & Foster/Webber Associates. Listing prices are per the attached schedule. For any contract deemed acceptable that is less than the listed amount, the contract will be submitted to the members for ratification, or in the absence of that on a timely basis, will be submitted to the court for approval. This Consent will be considered approved in accordance with Virginia Code Section 13.1-1022 effective September 10, 2014. IN WITNESS WHEREOF, the undersigned members have hereunto set their signatures and seals: Date: Date: In - Date: Date: 4 - CC- ( q Date: 9---(f .- ( I Date: 4- t `a� 1 -i Date: 9 - t (a — (4 EAL) ISOM DINAH-G. EAL) JESSICA DANIELLE KRASICH j,C�,�,� (SEAL) DAWN M. SPEARS (SEAL) JAPMD THOM SPEARS (SEAL) R ED UN PEARS MILDRED F. COLE TRUST By $� P �� (§EAL. BANK OF CLARKE COUNTY, TRUSTEE U/H n Angle Reynolds Notary Public, Floyd County, GA My Commission Expires May 15, 2010 0 Rezoning: Property: Record Ownel': Project Name: Original Date of Proffers: Revision Date: Magisterial District: RZ # 03-15 Area: 2.96 acres Tax Parcels 55-(A)-34 & 55-(A)-34A MBC, LC MBC Rezoning Februa►y 26, 2015 April 3, 2015 Redbud Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County "Zoning Ordinance with respect to conditional zoning, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Frecerick County, Virginia, shall approve Rezoning Application #_-15 for rezoning of 2.96-acres from the B-3 & MI-I-1 Districts to General Business (B-2) District, clevclopnicnt of the subject property shall be clone in conformity with the terms and conditions set forth herein, except to the extent that such terms and conchtlons may be SUbsequently amended or rcvised by the owner and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect wliatsoever. These proffers shall be binding upon this owner and their legal successors, heirs, or assigns. The Properties are more particularly described as the lands conveyed to MBC, LC From Mildred F. Cole as recorded in the Frederick County Circuit Court Clcrk's Office as instrument #00013492 dated December 1, 2000. 9 0 Proffers: 1. Transportation — Vehicle Trips per Day to be determined at Site Plan submission utilizing ITE Trip Generation 7°i Edition. a. Access i. The eastern existing entrance near Eckard Circle shall be closed prior to the first occupancy permit. ii. An entrance onto Eckard Circle shall be utilized until development on the Properties creates more than 500 VPD. iii. The western entrance on the Properties From Berryville Pike (Route 7) shall be improved to current VDOT standards prior to the first occupancy permit. b. Dedication and Pedestrian Access i. The owner hereby proffers to dedicate additional land along Berryville Pike to provide a minimum of 60' of right of way from the centerline of eastbound Route 7. This is will be done prior to the first occupancy permit. ii. The owner hereby proffers to construct a 10' paved hiker/bike trail along the Property's frontage with Bcrryvillc Pike per the 2030 Comprehensive Plan. iii. The owner proffers to contribute $10,000 to Frederick County for pedestrian improvements along Route 7 when uses generate more than 500 vehicle trips per day (VPD). iv. When uses on the Properties generate more than 1,500 VPD; the owner will contribute an additional $50,000 to Frederick County for pedestrian improvements along Route 7. 2 2. Fire & Rescue — Monetary Contributions a. The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square loot" shall be the combined floor area for each story. 3. The owner hereby proffers not exceed 2,977 VPD's as presented in the Traffic Impact Analysis by Stowe Engineering, PLC. 4. Considerations for neighboring Mobile Home Park: a. The owner proffers that outdoor construction activities, on the Properties, shall not begin prior 7:30 AM and will conclude no later than 7:30 PM. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: IyQ C C b/y By: Idv—,-"e621 e MBC, LC Date Commonwealth of Virginia, City/County of %C\nA\csk'�' To Wit: tb The foregoing instrument was acknowledged before me this day of 1�r,1 , 201 S By W yw (N U fTUYlJl1 f \CfY� `Not ry Public My Commission Expires (--I 30.2-c)�R Registration Number 0 41 M foN t J-� 0 000013401- THIS DEED, made and dated this I st day of December, 2000. by and between NIILDRED� F. COLE. hereinafter "Grantor'; and N111I,.(''„ a Virginia Limited Liability Company, hereinafter "Grantee". WITNESSETH: Grantor desires to convey the property described below to the Grantee which is controlled by Grantor in accordance with the provisions of the Internal Revenue Code of 1986. This conveyance is exempt from the recording tax in accordance with Virginia Code Section 58.1-811(10). Accordingly, for and in consideration of the sum of Tcn Dollars ($10.00) cash in hand paid, and other good and valuable consideration• the receipt of which is hereby acknowledged, the Grantor does grant and convey with General Warranty and English covenants of title unto the Grantee, in fee simple, together with all rights, rights of way. privileges and appurtenances thereto belonging, the following properties, to -wit: . Parcel 11 : All that certain parcel of land described as containing 9.73 acres fronting along the north side of Berryville Pike, Virginia I lighway 7, about one mile east of Winchester, in Stonewall Magisterial District, Frederick County. Virginia• and being the same property conveyed to Demiis T. Cole and Mildred B. Cole, his wife, as tenants by the entirety, by deed dated May 6, 1960 from Mary Eli7mbeth Luttrell, widow, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 263. at Page 185, Such Dennis T. Cole died on April 5. 1992 survived by his wife, Mildred F. Cole. 2. Parcel 112: All that certain parcel of land fronting along the north side of Berryville Pike, in Stonewall Magisterial District, Frederick County, Virginia. containing .92 acres: and being the same property conveyed to Mildred F. Cole by deed dated March 6. 1997 by the 13ANK OF CLARKI: COUNTY which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 875, at Page 675. 3. Pare 11 : All those two parcels of land lying and being situate in Stonewall Magisterial District, Frederick County, Virginia. being described as containing 2.7775 acres and 0.6085 acres on that certain plat prepared by C. J. Rinker, Jr., C.L.S., dated November 1. 1993: and being the same two parcels of land conveyed to Dennis T. Cole and Mildred F. Cole. his \ ile. as tenants by the entirety, by deed dated June 14, 1977 from Denny's, Inc. which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 475. at Page 35. 4. Parcel 114: All that certain parcel of land containing approximately 7.0 acres situate north of Berryville Pike. Virginia Route 7, adjacent to Parcel It I hereinbefore, situate in Stone,,vall Magisterial District. Frederick County, Virginia, being the same property described as containing 7.0 acres, more or less, conveyed to Mildred F. Cole, widow, by deed dated .duly 30, 1993 from Roger L. Fishel, Sr., Executor of the Estate of Dennis T. Cole, et al., of'record in the Clerks Office of the Circuit Court of Frederick County. Virginia in Deed Book 801, at Page 1332; together with an additional parcel of land, sixty feet (60') in width, extending from the north side of' Virginia Highway 7 (Berryville Pike), leading to the 7.0-acre parcel described immediately hereinbefi)re. such sixty foot (60') strip having been conveyed to Demos T. Cole and Mildred F. Cole, as tenants by the entirety, by deed dated August 27, 1977 from Frank Fisher• cal ux. which is of record in Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 478. at Page 790 • 0 0 5. Parcel 135: All that certain parcel of land lying and being situate on the north side D of Redbud Road (Virginia State I fighway 661) in Stonewall Magisterial District, Frederick County, Virginia, containing 23 acres, more or less; and being the same property conveyed to Mildred F. Cole by deed dated January 12, 1994 from Charles M. McCandlish, Substitute Trustee, which is record in the Clerk's Office of Frederick County, Virginia in Deed Book 812. at Page 1339, 6. Parcel 11 : All that certain parcel of land designated 140 Denny Lane, fronting along the cast side of such Denny Lane, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia; and being the same property conveyed to Dennis T. Cole and Mildred 13. Cole, his wife, as tenants by the entirety, by deed dated July 21. 1962 from I tarry Coffelt. el ux. which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 280. at Page 295. 7. Parcel 117: All that certain unimproved parcel of land, lying and being situate along Denny Lane in Stonewall Magisterial District, Frederick County, Virginia: and being the same property conveyed to Dcnnis T. Cole and Mildred F. Cole, his wife, as tenants by the entirety, by deed dated November 24. 1970 from Harry C'offelt, divorced, which is of record in the Clerk's Office of the Circuit Court of Frederick County. Virginia in Deed Book 371. at Page 162. 8. Parcel 11: All that certain parcel of land designated 152 Denny Lanc. lying and being situate in Stonewall Magisterial District; and being the same property conveyed to Dennis T. Cole and Mildred B. Cole, his wife, as tenants by the entirety, by deed dated September 23. 1960 from Mary Efi7,abeth Luttrell, widow, which is of record in the Clerk's Office of the Circuit Court Of Frederick County, Virginia in Deed Book 266, at Page 165. Reference is made to the instruments described above and the attachments and references contained in them for a further and more particular description of the property conveyed by this deed. This conveyance is made subject to all restrictions, conditions and encumbrances of record and contained in the deeds and other recorded instruments forming the chain of title to the above - described property. IN WITNESS WHEREOF, the undersigned have set their hands and seals all as of the day and year first above written. MILDRIiD F. COLE- • O N O COMMONWL-ALTH OP VIRGINIA _ CI_ii_ OI' W tnc% fi r —'To-wit: The foregoing instrument was acknowledged Before me this a 7 day or 19ee?m ber . 2000. by Mildred F. Cole. My commission expires ,j_?jl\,. 31, cool 4 � (!ANotary P lk C nm alolw to �•S n �� �'wi` �rrxlucc!21 me at 117. _ 7 i..d 53.1-i!Ol hwc bcrn pui 1, if a scssable `F O THIS DEED OF BOUNDARY LINE, ADJUSTRENT AND DEFD OF EASEMENT " made and dated the 18th day of September, 2006, by and between MB!C L.C., a Virginia limited liability company, party of the first part, hereinafter called the "Grantor", and GASMART, IIVC., a \Maryland corporation, party of the second part, hereinafter called the "Grantee". 4 WIIF:REAS, Gasmart, Inc. is the owner of a certain tract or parcel of land containing 1.2897 5 `tip N acres in the aggregate, and more particularly described on the Plat of Consolidation of the Lands of \ j Gasman, [tic., dtawai by John Miles Baumgardner, L.S., doted February 9, 2006, of record in the Cy�� Clerk's Office of the Circuit Court of Frederick County, Virginia, as Ltstntment Number 06- �J ` 0003618, and having Frederick County Tax Map Numbers 55-A-35, 55-A-36 and 55-A-37; AND J BEING the saute land conveyed to Gasinarl, [tic. by Deed dated December 19, 2005, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instnuncnt Number 05- 0029563;and, WHEREAS, MBC. L.C. is the owner of an adjacent tract of land containing 2.7786 acres, I`1 over which is extended a certain 30-foot-wide right-ol=way known as Eckard Circle (Tax Map Number 55-A-34); AND BEING a portion of the same land conveyed to MBC, L.C. by Deed dated December 1, 2000, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, m Instrument Number 00-0013,102; and WHEREAS, the Grantor has agreed to grant unto the Grantee an appurtenant, non-exclusive easement, to be used in conrnton with others now or hereafter having the right to use such right-of- way, over the 30-foot-wide right-of-way identified its "Eckard Circle" on the plat dated August 21, 2006 referred to hereinafter, all as more fully set forth hereafter. NOW THEREFORE, in consideration of'I'en Dollars ($10.00) cash in hand paid and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does � �_-._._-_ �---•-�^ vv._._vim-..._�_�_-.,.+.�..�.��-...r.-....-_ ..,.., - --- hereby grant and convey with special warranty of title unto the Grantee in fee simple absolute, all of that certain tract or parcel of land lying and being situate in Red Bud Magisterial District, Frederick cri County, Virginia, containing 0A171 acre, as shown on the plat of survey drawn by Richard A. Edens, L.S., dated August 21, 2006, attached hereto and by this reference made a part hereof as ifset out in full, together with a 30-foot-wide, non-exclusive ingress and egress casement, to be used in common with others now or hereafter having the right to use said right-of-way, to serve land herein conveyed, and shown on the aforesaid plat of survey drawn by Richard A. Edens, L.S., dated August 21, 2006, and by this reference made a part hereof as if set out in full; AND BUNG a portion of the same land conveyed to MBC, L.C., a Virginia limited liability company, by Deed of record in the aforesaid Clerk's Office as Instrument Number 00-0013,192. The Grantor further grants unto the Grantee a 30-foot-wide appurtenant, non-exclusive easement, to be used in common with odiers now or hereafter having die right to use such right-of- way, over Eckard Circle as it extends from Virginia Route 7 in a southerly direction to the northern boundary line of Wampler's Mobile Home Tract, and which right-of-way shall serve the land of the Grantee, including the 1.2897-acre tract (Tax Map Parcels 55-A-35, 55-A-36, 55-A-37) shown on the Consolidation Plat, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as lnstniment Number 06-0003618, as well as die 0.4171-acre tract herein conveyed and which right-of-way shall be appurtenant to all of (lie land of the Grantee and shall be non-exclusive to be used in common with others now or hereafter having the right to use said right-of-way. Said 30-foot-wide right-of-way is designated "Eckard Circle" on the plat drawn by Richard A. Edens, L.S., dated August 21, 2006, and by this reference made a part hereof as if set out in full. c The Grantee joins in the execution of this Deed to agree that the land herein conveyed shall ,C- �-, be joined with the Grantee's other land to form one tract of land containing 1.7068 acres, as shown CZ on the plat of survey drawn by Richard A. Edens, L.S. dated August 21, 2006, and by this reference made a part hereof as if set out in full. This conveyance is made subject to all easements, rights -of -way and restrictions of record affecting the subject property. WITNESS the following signature and seal: MBC, L.C., a Virginia limited liability company By. Z Dd d• yl, C��— _ (SEAL) Mildred F. Cole, Member/Manager STATE OF VIRGINIA, CITY/COUNTY OF 4— -- to it: a Notary Public in and for the State and jurisdiction afore id, do here fy that dred F. Cole, Member/Manager of MBC, L.C., whose name is signed to the foreSoin9 DEE BOUNDARY LII�E ADJUSTMENT AND DEED OF EASEMENT dated the %1 �_'' day of2006, has personally appeared before me and acknowledged the same in my . tate and jurisdiction aforesaid. Given under my hand this 7day of 2006. My commission expires Not Public .............- - -- --- _— - ---- -- - --- i FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT b BETWEEN THE L4ND OF MSC L.C. AND GASMART, INC. RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, V18CINIA AUGUST 21, 2006 0-akes� y; , 1 uA a - �FD Z fff o _ � � R c Ex;t Fp Q per,311, =C;y oof-:t i3�od�`- ^ 6hchhestePion eery VICINITY MAI 4te a Ali;l��`1 Heights v ti 2 Roo Y� c U 0 1 _ 2000' 0WIVER'S CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT BETWEEN THE LAND OF GASMART, INC. AND MBC, L.C., AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH 'HE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. a4C, L.C. CASKART INC. — .•� r _ Mildred F. Cole Manager-- Gurchar T a ' ,' OMV,0NwEA TI! OF WRGiNUr COMMONWEALTH OF V/RGl Lq DWINGi{iis'r11R TO WIT. CiTYl'WXNXf OF Winchetter, TO wlr.' 7tF FfIRECrOtNG OWNER'S CERTIFICATE WAS THE FOREGOING OWNER'S CERTIFICATE WAS �Q.j,�$,VUgDQED BEFORE ME THIS � DAY OF ACKNOWLEDGED BEFORE ME THIST_^i•�DAY GF j 'r' _, 2006 BY M111)kFil F_ COJ F ( '• ^ 2G0S BY GLtRCHA{u1v I,r.iL, :'i:lV_a(r g. U.t •ice:.. L . C - — l PR NOTARY P B' IC NOTARY PUBLIC JY C�tii'!1SsihN EXPI:4ES �30 , Zp�9 MY COMMISSION EXPIRES t�+; • -V; SURVEYOR'S CERTIFICATE I HERFBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT I SURVEY IS (i) A PORTION OF "PARCEL �(3" CONVEYED TO MBC, L.C. BY DEED DATED DECEMBER ;. 2000 OF RECORD IN IHL FREDERICK COUNTY CIRCUIT CURT CLERK'S OFFICE AS INSTRUMENT No. 000013402 AND (if) At L OF THE LAND DESCRIBED BY "FINAL PLAT FOR LOT CONSOLIDATION OF THE LAND OF GASMART, INC. " DATED FERRUARY 9, 2006 OF RECORD IN SAID CLERK'S OFFICE AS INSTRUMENT No. 060003618, BEING ALL OF THE LAND CONVEYED TO GASMAR?; INC. j HY DEED DATED DECEMBER 19, 2005 OF RECORD IN SAID CLERK'S OFFICE AS INSTRUMENT No. 0.50029563. V9. -A-*U, } RICHARD A. EDENS L.S. NUTS: PARENT TAX PARCEL ID NTIFtCATIQN j (i1 MBG L.C—T.M. 55-A-34 2.7786 ACRES ZONE: B3 USE: COMMERCIAL r GASMARr, INC. T.M. 55-A-37 1.2897 ACRES ZONE: 92 USE: COMMERCIAL APPROVALS: NLTH 0 I G A- FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATF_ KHARD A. f_DENS GREENWAY ENGINEERING N0.0025,50 1 151 lVindv Hill Lane $ Zl Engineers [Vjncheviei, Vngmia 22602 q�d ��I j Sutveyory Telephone. (.540) 662-41,45 SU1R FAX, (540) 722-9.528 i 1;.•,.d:.r ;n linl nwHt reemanyctlti.cont 4639 SHEET 1 OF 3 T M. 55—A-33 CARLYLE do ANDERSON. INC. 10' SANITARY SEWER 08 623 PG 1226 EASEMENT SEE PLAT DB 898 PG 133 DB 468 PG 566 ZONE M2 USE. INDUSTRIAL IRF 1 y MERIDIAN OF PLAT INST. No. 04G023116 NOT SEE SHEET 3 FOR LINE DATA, LEGEND, NOTES, AREA TABULA77014 AND KEY TO ADJOINING �1 PROPERTY OWNERS. lb ^ � Q ° 0 I/r 20' DRAINAGE EASEMENT DB 339 PG 308 IRS L3 ; ti /ADJUSTED MoN TAX PARCEL 55-A-34 2,J615 ACRES h kN IPFO 1 rim ECKARD CIRCLE 30' R/W (PRIMATE PG 481 D8 230 ) � . N .is• O It s a? ° ae� IRF ` _ 0''s yFR�cB'1'F J ADJUSTED m TAX PARCEL /"'c 1.7068 ACRES / 40r D` S 2 . Ili 0 IRS 6--- 1 7o't Q L4 I �. s r , ¢ sa n ! 8, 2� / Se F,t,4, �I,l, eOt J 4 ry 9S' N Og ?�i°p Ovi �� D��f" IRS fu C ti�0 q 100 0 1 Q0 193't TO BLOSSOM N 89'37 06' E l I DRNE — RTE. 815 127.06' TO MON GRAPHIC SCALE (1N FEET) FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF e MBC, L.C. AND GASMART, INC.RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, 1/IRGINIA>SCALE: I" 100' DATE: AUGUST 21, 2006GREENWAIY ENIGINEERING151 l Lone L}rnclrc'srcr, �,ginla 22fiD7 Surzeyurr Tek.v17aac: , f40i 602.4185 FAX: ('540) 722-9•528 L .. l; ,:,,f?.•:r , , I Ir?; N `t1P.1'l.'fr71FI1V('IIh.Cpr7! _L4638 SHEET 2 OF 3 • 0 r— - ►. r KEY TO ADJOINING PROPERTY OWNERS SILVER LAKE, LLC !M5T No. 0200, 6785 (PARCEL 4) ZONE B2 USE. COMMERCIAL LOTS 3 & .5A - SHENANDOAH HILLS, SEC, 1 T.M. 558-2-1-J & 5 D ROGER A. GRONDIN, ET UX INST. No. 030017204 ZONE RP USE RESIDENTML LOT 1 - SHENANDOAH HILLZ SEC, 1 LOTS 58 & 7 - SHENANDOAH HILLS, SEC. i T M 55B-2- 1-1 �n1 T.M. 558-2-1-5A & 7 (3 WILUAM J. KETRON, E7 UX �J LINDA KECKLEY TIMBROOK DB 859 PG 23 DB 760 PG 1767 ZONE: RP USE: R£SIDENTAL ZONE: RP USE RFSIDENTIAL LEG ND: BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE IPF = I" iRON PIPE FOUND IRF = 112" IRON REBAR FOUND IRS = 1/2" IRON REBAR & CAP SE7 MON = CONCRETE H.+GhWAY MONUMENT FOUND" IINF I)ATA LING I 1 I BEARING_ S 25'17'18" W DISIANCF 75.33' L2 N 22'28'39" E 121.8 1' L3 N 85'43 27" E 124.90' L4 N 89'37'06" E 122,00' L 5 N 28-05'00" E 214, 59' L6 N 23'43'00" E 91.10' AREA TABULATION TM. 55-A- 34 EXISTING AREA OF T.M. 55-A-34 = 2.7786 ACRES LESS PORTION ADDED TO T.M. 55-A-37 _-0.4171 ACRES ADJUSTED AREA = 2.3615 ACRES T M. 55-A-37 EXISTING AREA OF T M. 55-A-37 = 1.2891 ACRES PLUS PORTION OF TM 55-A-34 ADDED = +0.4171 ACRES ADJUSTED AREA = 1, 7068 ACRES NOTES THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. THE PROPERTY SHOWN ,HEREON LIES ENTIRELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER N.FI.P. FLOOD INSURANCE RAIL MAP NO. 510063 0115 8, DATED JUL Y 17, 1978. FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF MBC, L.C. AND GASMART, INC. RED BUD MAGISTERML DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N1A i DATE: AUGUST 21, 2006 GREENWAY ENGINEERING 151 R'lluie Ifill lane Engineerc Mnclresrer, Vrr3inio 2260' Suneynrs Telephone (540) 662.4185 I;AX: (i 40I 722-9528 0 CIL 011 0 COUNTY of FREDERICK Department of Planning and Development 540/66S-56S1 FAX: S40/665-6395 TO: Gary Oates GreyWolfe, Inc. FROM: Michael T. Ruddy, AICP Deputy Director RE: Rezoning Comments: MBC, LC Commercial Rezoning 1790 Berryville Pike; PIN's 55-A-34 and 55-A-34A DATE: March 25, 2015 Tile following comments are offered regarding the MBC, LC Commercial Rezoning Application. This is a request to I•ezonc 2.96 acres from B3 (Industrial Transition) District with Proffers and MI-11 (Mobile Home Community) District to B2 (General Business) District with Proffers. The review is generally based upon the proffer statement dated February 26, 2015, and the Impact Analysis Statement of the same date. 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 $10,296.00, based upon acreage of 2.96 acres. Land Use 1) The 2030 Comprehensive Plan and the Scnseny/I3'astern 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 high density residential land use designation. Historically, this property has been identified with a commercial land use designation and the area fronting along Route 7 has developed commercially. In general, the proposed commercial land use designation for this property is consistent with the current land use supported by the Comprehensive Plan which continues to promote the existing commercial land uses along the Route 7 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 9 0 MBC, LC Commercial Rezoning 1790 Berryville Pike; PIN's 55-A-34 and 55-A-34A March 25, 2015 Page 2 corridor. This general area continues to contain and promote both commercial and residential land uses. Impact Analysis and Proffer Statement Please address the following items from the Impact Analysis and Proffer Statement prepared for this Application. 1) It should be noted that this application provides no limitation on the potential commercial land use that may be developed on the site. All land uses permitted in the B2 District at their maximum intensity would be allowed. Based on the acreage, the maximum possible business intensity based on trip generation and fiscal impact on capital facilities (Frederick County Rezoning Application) would be approximately 50,000 square feet of retail use. 2) The Application has addressed the potential impacts of this rezoning request by linking improvements to the vehicle trip count, therefore, the majority of the impacts addressed deal with transportation. "Phis is a highway commercial location and a more intensive development proposal would be appropriate. As such, it is important to ensure the impacts associated with such a development are addressed. 3) Transportation improvements to Route 7, Berryville Pike, are anticipated in the fixture. Therefore, it is important that the right-of-way needs for the fixture improvements to Route 7 are accommodated, and the application provides some contribution t0 transportation Improvements resulting from the Impacts of this new development. The additional 10 feet of dedication appears to be sufficient. The proposed monetary contribution may be an acceptable alternative to the actual construction of physical improvements. It should be determined if the amount and timing of the contribution is sufficient given the potential use of the property. 4) The MBC parcel currently has two entrances onto Berryville Pike. Tile third entrance mentioned in the proffers would not be classified as an existing commercial entrance as described in the proffer statement. In the future, a new entrance onto Cckard Circle leading to the private road accessing Route 7 may be part of the development and desirable as part of the overall traffic circulation plan. 5) To the greatest extent possible, the proffer statement should avoid additional narrative and only include proffers that are above and beyond current ordinance requirements. I would suggest modifying proffer 1. a. Access, accordingly. 6) The most recent site plan for this site, SP1146-95, included a note to preserve the existing trees and vegetation where possible adjacent to the rear property line. This was in addition to the required screening and was aimed at providing an enhanced buffer between the commercial project and the adjacent residences within the mobile home park. Consideration of supplementing the buffer for the benefit of the adjacent residences may be warranted. 0 0 MBC, LC Commercial Rezoning 1790 Berryville Pike; PIN's 55-A-34 and 55-A-34A March 25, 2015 Page 3 7) With regards to the proposed triggered approach to the proffered transportation improvements, it is noted that the provision of off -site improvements are delayed beyond the initial development of the site based upon future trip generation. Two triggers are used; i. 500 VPD - entrance restrictions and a $10,000 contribution to assist with pedestrian crossing improvements at the Route 7 and Denny Lane intersection. ii. 1,500 VPD - a left turn lane improvement on Route 7 at Regency Lakes Drive. A total cap of 2,977 VPD's is proffered, presumably, for uses locating on the site. Additional definition should be provided clarifying this proffer. Based on this, it appears as though no additional improvements or contributions are anticipated with the initial B2 development of this site as a result of the rezoning. The initial improvements are more consistent with those required for customary site development as required by ordinance. It may be appropriate to adjust the triggers accordingly to advance the anticipated improvements. 8) Please ensure that pedestrian accessibility and circulation is provided to the adjacent properties where appropriate to ensure this project is well integrated into the surrounding community. With regards to the proffered pedestrian crossing contribution, consideration could be given to providing a design for this improvement as approved by VDOT, in conjunction with the development of an initial site plan for this site. Any monetary contributions made in the future based on the triggers would then be applicable to a real project and could be available for a potential match. Depending on the use, pedestrian access may be an important consideration. At this time, no particular use is defined. The following comments have been provided in Conjunction with John Bishop, County Transportation Planner. Due to the recent receipt of VDOT's comments on the package and their concerns with the TIA, staff would note that any comments that follow could be amended upon seeing updates/corrections to the TIA. Staff is supportive of the entrance limitations and pedestrian enhancements proffered by the applicant. However, as VDOT did, staff would note that there is a possible need for a right turn lane into the proposed entrance on Route 7 and would suggest that warrants be run to determine this. Due to the phased nature of the transportation proffers and the associated trips, perhaps the turn lane can be accommodated the same way. Finally, regarding right-of-way, it appears that 10 feet is sufficient, but staff would recommend following VDOT's recommendation of a conceptual layout to evaluate this. • MBC, LC Commercial Rezoning 1790 Berryville Pike; PIN's 55-A-34 and 55-A-34A March 25, 2015 Page 4 In conclusion, please ensure that the above comments, and those offered by the reviewing agencies are addressed. MTR/pd Rezoning: Property: Record Owner: Project Name: Original Date of Proffers: Magisterial District: RZ # 45 Area: 2.96 acres Tax Parcels 55-(A)-34 & 55-(A)-34A MBC, LC MI3C Rezoning February 26, 2015 Redbud Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #= 15 for rezoning of 2.96-acres from the B-3 & MI l-1 Districts to General Business (B-2) District, development of the subject property shall be clone in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this owner and their legal successors, heirs, or assigns. The Properties are more particularly described as the lands conveyed to MBC, LC from Mildred F. Cole as recorded in the Frederick County Circuit Court Clerk's Office as instrument 900013492 dated December 1, 2000. Proffers: 1. Transportation — Vehicle Trips per Day to be ClctcrmIncd at Site Plan submissioll utilizing ITC Trip Generation 7"' Edition. a. Access f e e i. The MBC parcels currently utiliz three e trances onto /ryvillcOP6ike r� (Route 7). These are the western, eastern, and Eckard Circle. Eckard Circle is a private right of way over the MBC parcels that adjacent parcels utilize for access to Berryville Pike. L The eastern existing entrance near Eckard Circle shall be d closed with any development on the MBC pa -eels. �v �,' �� 2. The entrance onto Eckard Circle shall remalll Llnt11 L1Ses Oil MBC parcels create more than 500 VPD. 3. The main access to the MBC parcels from Berryville Pike (Route 7) shall be limited to the western existing entrance when uses generate more than 500 vehicle trips per clay (VPD). b. Dedication and Pedestrian Access i. The owner hereby proffers to dedicate an additional 10' strip of land along Berryville Pike for future widening. ii. The owner hereby proffers to construct a 10' paved hiker/bike trail along the Property's frontage with Berryville Pike per the 2030 Comprehensive Plan. iii. The owner proffers to contribute `G 10,000 to Frederick County for a pedestrian crossing on Route 7 in the vicinity of Denny Lane when uses generate more than 500 vehicle trips per day (VPD). C. Off -site Improvements When uses on the MBC Parcels generate more than 1,500 VPD, the owner will increase the east bound left -turn at the lighted intersection with Regency Lakes Drive from 120 feet of vehicle storage to 350 feet. \J� I Fire & Rescue — Monetary Contributions The owner hereby proffers a cash contribution to Frederick County for fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each Final site plan approval. The term "building square foot" shall be the combined floor area for each story. The owner hereby proffers not exceed 2,977 VPD's as presented in the Traffic Impact Analysis by Stowe Engineering, PLC. Considerations for neighboring Mobile Home Park: a. The owner proffers that outdoor construction activities will not begin prior 7:30 AM and will conclude no later than 7:30 PM. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: Commonwealth of Virginia, City/County of The foregoing instrument was acknowledged before me this _ clay of , 20_ Registration Number My Commission Expires REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Sigl . Zoning AmenClillellt Number PC Hearing Date Fee Amount Paid $ Date Received _ BOS 1-Icaring Date_ the fallowing infoi-mcrlion sltcrll be pmi,ided by the applicant: All parcel identification numbers, Cleed book and page IIUmbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: GreyWolfe, Inc. - Gary R. Oates, LS-B, PE Telephone: 540-667-2001 Address: 1073 Redbud Road Winchester, Virginia 22603 2. Property Owner (if different than above) Name: MBC, LC Address: 202 North Loudoun Street Winchester, VA 22601 3. Contact pel'son If othel' than above Namc: Gary R. Oates "Telephone: (540) 665-2402 'I'clephone: 667-2001 4. Checklist: Clieck the following itcnls that have been iiICIIICICCI With this application. Location map Agency Comments Plat Fees Deed to property Impact Analysis Stateillcilt Verification of taxes paid Prof[cr Statement I1Pa 5. The Code of Vii-ginla allows us to request full disclosure of ownec•ship in relation to I'ezoning applications. Please list below all owners or parties in Interest of the land to be rezoned: MBC, LC 6. A) Current Use of the Property: Model Home Sales and Vacant B) Proposed Use of the Property: Commercial 7. Adjoining Property: PARCEL ID NUMBER 54-(5)-5A 55-(A)-32A & 33 55-(A)-38 55-(A)-37 55B-(A)-2 thru 6 USE Industrial Industrial Mobile Home Park Gas Station -Store Res. & Nursing Home ZONING M-1 M-2 MH1 B-2 RP and B-2 S. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Southern side of Route 7 about 3/4 miles east of Winchester at Eckard Circle 13 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 0 1,0\vllllollle: 0 Multi-Fanuly: 0 Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of' Proposed Uses Office: Service Station: Retail: Manufacturing: Restallrallt: 6,000 St WarC110uSC: Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board Of SLIpCCVISOI-S t0 amend the zoning ordinance and t0 change the "zonings Illap of' Frederick County, Virginia. I (we) alltllol'IZC Frederick County Officials to enter the property for Site inspection purposes. I (we) understand that the sign issued when this application is Submitted must be placed at the fi-ont 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 fi•om the road right-of-way until the hearing. I (we) hereby certify that this application and Its accompanying materials al-C tl'lle and accurate to the best of my (our) knowledge. Applicant(s): Date: Date: ONVIler(S): Date: Date: 14 �� Ili � �� 1�� ��� /�illlli► �...,.� : ♦ �i�! . � � _I.111/!1 �"_ � IIII � � i1•If1j••Illjli� ���\� ♦�, � !lIgII � � :�rA�i�1� �dll/I� IIII\�� ♦��� ♦ : •Iy I r \ _ y. iit �/►ter/ .I • ::.. COUNTY of FREDERICI< Department of' Planning and Development 540/ 665-5651 Fax: 540/665-6395 March 13, 2015 Mr. Gary Oates, LS-B, PE GreyWolfe, Inc 1073 Redbud Road Winchester, Virginia 22603 RE: Request for Historic Resources Advisory Board (HRAB) Comments MBC Rezoning (1790 Berryville Pike); PIN # 55-A-34, 55-A-34A Dear Gary: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. Furthermore, this site was previously rezoned in 1995. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/pd 107 North Kent Strcct, Suitc 202 9 Winehcstcr, Virginia 22601-5000 0 55-(A)-32A `1 55-(A)-33 \ CARLYLE & ANDERSON, INC. CARLYLE & ANDERSON, INC. �S�•- DB 823, PG 1226 DB 823, PG 1226 ZONED: M2 ZONED: M2 USE: FARM EQUIP, SALES USE., FARM EQUIP. SALES i ON06°O N — 2202839"E 83.69 z 196,72'-O 55-(A)-34A 121,81, o ZONED: MH-1 z ti o 0.60 ACRES o^ m o �O 74.2510 522052'33"W S 0700813 Q rn O � I b O Z rn �o N 'p - v, 3�C z rn , v � O7 � rn A o IS 55-(A)-34 A rn 55-(A)-38 ZONED: B-3 0 JACK WAMPLER, ET ALS 2.36 ACRES m DB 927, PG 1086 0 ZONED: MH-1 0 USE: MOBILE HOME PARK O T W V ,E8CZl7"4; RO6jp�AL �'B2p(RrPGsoB E i O IN2 0 - ----__ FCSg500 E-2Y4Sj, O- 20'1114T N23° 1 i DB 8z jgPGMs 1� 91, r 00 E 55-(A)-37 BERRYVILLE 101, LLC 120004285 ZONED: B-2 USE: GAS STATION - STORE 100, 0' 100, THIS IS NOT A BOUNDARY SURVEY. MEN —mot- mm? INFORMATION SHOWN GATHERED FROM VARIOUS SOURCES. GRAPHIC SCALE SKETCH PLAT OF PROPOSED PROPERTIES FOR REZONING 1790 BERR YVILE PIKE TAX PARCELS 55-(A)-34 & 55-(A)-34A RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 Redbud Road J�,i•l GreyWolfe, Inc. Winchester, VA 22603 Land Surveying and Consulting GreyWolfelnc@aol.com 540-667-2001 OFC 540-545-4001 FAX FILE NO : 0430 DATE: FEBRUARY 26, 2015 I SCALE: 1 " = 100' I SHEET 1 OF 1 ------ -- ---- - I FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LAND OF ' MBCi L.C. A ND GASMART INC. RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA AUGUST 21, 2006 i b egenc y ss � 0 akes �� �c�p R�a6 �u � o � i jerr y/--?1-��j=•— �r .317 ��1�ej" —:�--. -- rL � � � �We P Iva ke �t City cit 1yvinchesteN. VQ (�1�� 3 �•) Pione" 11e Min R VICINITY MAP 000 UWNER'S CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT BETWEEN THE LAND OF GASMART; INC. AND MBC, L.C., AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. mlic, I... C. GASMART INC. Mildred F. Cole, Manager _ Gurchlr T. '� '. COMMONWEALTH OF VIRGINIA COMMONWEAL TH OF U1RGl !A CITY/gkod� OF Wl\Ct1E?STER_, TO W!T• CITY192iXIMOF Winchester.-,_., TO WIT: ..' lt' , F!R'�OING OWNF_R'S CERTIFICATE WAS THE FOREGOING OWNER'S CERTIFICATE WAS j tj&Nn�` CG.ED BEFORE ME THIS I Sf DAY OF ACKNOWLEDGED BEFORE ME THISZ- ,IDAY OF . 2006 BY M1 nt u:n F. rtii.F; r, 2006 BY CURCHAItAN L�.IL, _.. iY '+r7lt_r F m v r- T .i 13�Eiti1.1' o b, GASI�J&RT.INC, _ �/c NOTARY PUBLIC 43[3dtG- NOTARY PUBLIC !dY CC1MM5nbh' EXPIRES 2120 , Zj20-. MY COMMISSION EXPIRES +V .3UI;ZVE'Y0h''S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN TH15 BOUNDARY LINE ADJUSTMENT SURVEY IS (,) A PORTION OF "PARCEL JJ" CONVEYED TO MBC, L.C. BY DEED DATED DECEMBER 1, 2000 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT No. 000013402 AND (h) ALL OF THE LAND DESCRIBED BY "FINAL PLAT FOR LOT CONSOLIDATION OF THE LAND OF GASMART, INC." DATED FEBRUARY 9, 2006 OF RECORD IN SAID CLERK'S OF;17"ICE AS INSTRUMENT No. 06000,3618, BEING ALL OF THE LAND CONVEYED TO GASMART, INC. i 'Y DEED DATED DECEMBE R 19, 2005 OF RECORD IN SAID CLERK'S OFFICE AS INSTRUMENT No. 05002956,3. RICHARD A. EDENS, L.S. 1 NOTE: PARENT TAX PARCEL IDENTIFICATION i (i) MBC, L.C. T.M. 55—A-34 2,7786 ACRES ZONE: B3 USE. COMMERCIAL (h) GASMART, INC. F.U. 55—A-37 1.2897 ACRES ZONE, 02 USE: COMMERCIAL APPROVALS., 4. , QLTH 0 D FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE RICH D A. EDENS y No.002550 GREENWAY ENGINEERING I 151 lVincly Hill Lane En'lint'erc tVinc•hester, llir��inia 22602 Stureyore 71elephonc: (-540) 662-4185 SUR`� 1 1•"I (540) 722-9528 1971 tirw�.grr:�cnwayeng.com 4639 SHEET 1 OF 3 T.M. 55—A-33 CARLYLE & ANDERSON, INC. 06 823 PG 1226 SEE PLAT DO 896 PG 13.3 ZONE.' M2 USE, INDUSTRIAL iNsr ( _�¢� q ZONE.0 0 0 9 C441, PI AT 10' SANITARY SEWER EASEMENT DO 468 PG 566 20' DRAINAGE EASEMENT RF IDR 339 PG 308 RE ° _ ` IRS C� �Af ' 70'f r 1 rL3 hfERIDIAN OF INST. No. 040023116 \, 4 t `r FADJUSTED MoN SEE SHEET 3 FOR �� TAX PARCEL i LINF DATA, LEGEND, 55-A-34 NOTES, AREA TADULARON �� 2„ j615 ACRES AND KEY TO ADJOINING PROPERTY OWNERS. J� Q5 v IPFO a \' c�4,b�� Q ECKARD CIRCLE - 30' R/W (PRIVATE) 06 230 PG 481 N Ln � W lRF �6 ` IRS co ,,QJ`L O �x o ADJUSTED TAX PARCEL r ° 55-A -37 IRS o ' 7070'.� - 1.7068 ACRES O S r.__.,_ /? _ �7 S4 y /es s eo" Fc �N >> o °NFy yQ/ 9 t �• IRS c S96 100 _ 0 100 L 193'_' TO OLOSSOM N 89'37'06" E DRIVE - RTE. 815 127.06' TO MON GRAPHIC SCALE (IN FEET) FINAL PLAT FOR BOUNDARY LINE- ADJUSTMENT BETWEEN THE LANDS OF MBQ L. C. AND GA SMART INC. RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: t" = 100' I DATE: AUGUST 21, 2006 GREENWAY ENGINEERING rez, 711\ 151 6tlilldv Hill Lane f:1L'inrc'rs 1 f'rnc•hccsr('r, l'iigillia 22602 Stu1'cl'ors 'I'Chhhnnc: (.5,10) 66 241 c5.5 FAX: (5.10) 722-9.528 1'i rr'tl(InI lq Ir171 :1'lt'll'.hr('ell Wal'eng. CUT!! NI,TH pF LrP r U RICHARD A. EDENS y No.002550 4639 SHEET 2 OF ji 0 • KEY TO ADJOINING PROPERTY OWNERS T.M. 558-2— 1—A 0A SILVER LAKE, LLC �J INST No. 020016785 (PARCEL 4) ZONE- B2 USE: COMMERCIAL LOTS 3 & 5A — SHENANDOAH HILLS, SEC. 1 T.M. 55B-2-1-3 & 5 O ROGER A. GRONDIN, ET UX INST. No. 030017204 ZONE: RP USE RESIDENTIAL LOT 1 — SHENANDOAH HILLS, SEC. 1 LOTS 5B & 7 - SHENANDOAH HILLS, SEC. 1 T.M. 55B-2- 1-1 T.M. 55B-2-1-5A & 7 O WILLIAM J. KETRON, ET UX �D LINDA ICECKLEY TIMBROOK DB 859 PG 23 DB 760 PC 1767 ZONE: RP USE: RESIDENTIAL ZONE. RP USE RESIDENTIAL LEGEND: BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE IPF = I ° IRON PIPE FOUND IRF V2" IRON RERAR FOUND IRS = 112 "' IRON REBAR & CAP SET ,',,ON = CONCRETE HIGHWAY MONUMENT FOUND l INF DATA LINE BEARING DISTANCE L 1 S 25' 17' 18 W 75.33' _ L2 N 22'28'39 E 121.81'^_ L3 N 85'4327" E 124.90' L4 89'37'06" E 122._00' L5_ _N N 28'05'00" E 214,59' L6 N 23'43'00" E 91.10' AREA TABULATION T M. _ 55-A__34 EXISTING AREA OF T.M. 55-A-34 = 2.7786 ACRES LESS PORTION ADDED TO T.M. 55-A-37 =-0.4171 ACRES ADJUSTED AREA = 2.3615 ACRES T.M. 55-A-37 EXISTING ARFA OF T.M. 55-A-37 = 1.2897 ACRES PI_US PORTION OF T.M. 55-A-34 ADDED = +0.4171 ACRES ADJUSTED AREA - 1.7068 ACRES NOTES THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN, THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER N.F.LP. FLOOD INSURANCE RATE MAP NO. 51006,3 0115 B, DATED JULY 17, 1978. FINAL PLAT- FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF MBQ L. C. AND GA SMART INC. RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N/A �pDATE: AUGUST 21, 2006 GREENN1pppA�yEN't�f1HEERING 151 I4•7rrrly hill Lane l.n�inr.crs !1•'mchesicr, Virl inirr 226U2 Surve 01'.� Tciclrhonc: (5-10) 662--.1185 FAX: (540) 722-9528 1',,:aidn! m 1971 �c rr:c.I;recnrvrrlc"rrc;.conr ef"4 ' ' RICHARD A. EDENS a No.002550 g�Zl-D(: U ��rp 4639 SHEET 3 OF 3 ?.C INV � wr Action - Approval Mr. Tierney said that Mr. Stephen M. Gyurisin of G.W. Clifford & Associates, j'' , is requesting a waiver of the zoning district buffer between the recently rezoned Cole ?Eerty on Route 7 (proffered for mobile home sales) and the Franklin Mobile Home Park, 'Ited directly to the rear of the Cole property. Mr. Tierney said that the staff has had i,iderable discussion as to whether or not the circumstances involved met the qualifying criteria 1,9ranting a waiver. He said that although both properties contain mobile homes, one is clearly :adential use and the other is a commercial use. Mr. Tierney said that the staff would not be dosed to some reduction in the distance buffer, perhaps 50' as compared to the 100' required ';,,art of a `C' category buffer when a full screen is provided. He said that the staff also feels re may be some room for negotiation regulating the screening provided, however, they do not (hat a complete waiver of screening is appropriate. Mr. Stephen M. Gyurisin, with G. W. Clifford & Associates, the design engineers this project, came forward and introduced himself and Mr. John Tauber, who plans to lease property for mobile home sales; Ms. Mildred Cole, the property owner; and Mrs. Cole's ney, Mr.Taz Shultz. Mr. Gyurisin showed slides of the property and pointed out the areas ie property where buffering was in question. Mr. John Tauber said that having a sales office is now the standard practice for bile home parks. Mr. Tauber said that he plans to have three model homes. He added that use except mobile home sales was proffered out when this property was rezoned. Members of the Planning Commission did not have a problem with a reduction in width of the buffer as long as an adequate buffer/screen remained along the southern property between the two areas. The Commission was not in favor of eliminating the buffer entirely. Mr. Taz Shultz, counsel for Mrs. Mildred Cole, the property owner, said that his nt was in favor of this request. Mr. Shultz said that from an appearance stand point, the )ile home sales office and unit will look almost identical to the mobile home park. Mr. Shultz that the applicant is also asking for a waiver of the buffet- along the east line. Mr. Gyurisin said that he would be willing to work with the staff to come up with le buffer solution for the eastern property line. 4117 i i i i 12 Upon motion made by Mr. Light and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby limously approve the request for a waiver of the zoning district buffer along the south side of »obile home sales property to 50' with staff recommendations on screening and buffering. No Action Mr. Arthur Woods, Vice President of Bengston, DeBell & Elkin, Ltd, came i to describe the proposed revisions to the Preston Place Master Development Plan. Mr. ' request was for Phase II of die property, located on the north side of Airport Road, to be ped into 44 apartment units. He said that all of the townhouses for sale would be The Commission asked Mr. Woods if there would be a density change with the n. Mr. Woods said that the density would be less than previously proposed. The ission felt that this property met a community need and that the applicant had recognized e apartment units were in more demand and were more desirable than the other housing They felt that this change was being made to reflect community desires. The Planning Commission unanimously agreed to cancel their December 20, 1995 due to the Christmas holiday. 1 discussion with Dr. Raymond Fish did not occur. Mr. Fish left the meeting.) 4118 0 COUNTY of IF REDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 27, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #03-15 FOR MBC, LC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, June 10, 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 903-15 MBC, LC submitted by GreyWolfe, Inc., to rezone 2.96+/- acres as follows: 0.60+/- acres fi-om MHI (Mobile Home Community) District to 132 (General Business) District with proffers and 2.36+/- acres from 133 (Industrial "Transition) District to 132 (General Business) District with proffers. The properties are located on the south side of Route 7, approximately 1/4 miles east of Winchester at Eckard Circle and are identified by Property Identification Numbers 55-A-34 and 55-A- 34A in the Redbud 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 0 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 27, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 403-15 FOR MBC, LC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing 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 #03-15 MBC, LC submitted by GreyWolfe, Inc., to rezone 2.96+/- acres as follows: 0.60+/- acres from MI-I1 (Mobile Home Community) District to B2 (General Business) District with proffers and 2.36+/- acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers. The properties are located on the south side of Route 7, approximately 1/4 miles east of Winchester at Eckard Circle and are identified by Property Identification Numbers 55-A-34 and 55-A- 34A in the Redbud 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 This is to Certify th• the at�ached correspondence Nvas ailed to the follovv-ing on from the Department of Plann=i g and Development, Frederick County, V irgi nia.: 55 - A- - 34- MBC LC CIO BANK OF CLARKE COUNTY TRUST 202 N LOUDOUN ST WINCHESTER VA 22601.4952 55 - A- - 34-A MBC LC CIO BANK OF CLARKE COUNTY TRUST 202 N LOUDOUN ST WINCHESTER VA 22601.4952 54 - 5- - 5-A ALL POINTS PROPERTIES LLC 1682 E GLIDE DR STE 201 ROCKVILLE MD 20850.5345 55 - A- - 32-A CARLYLE & ANDERSON INC 1752 BERRYVILLE PIKE WINCHESTER VA 22603.4802 55 - A- - 33- CARLYLE & ANDERSON INC 1752 BERRYVILLE PIKE WINCHESTER VA 22603.4802 55 - A- - 38- WAMPLER JACK K SR & JACK K JR PIA WAMPLER'S MOBILE HOMES 2648 MARTINSBURG PIKE STEPHENSON VA 22656.1708 55B - A- - 2- GORIANADIS LLC CIO HELEN POULOS 7708 WEST AVE ELKINS PARK PA 55B - A- - 3- LINABURG RALPH W 1785 BERRYVILLE PIKE WINCHESTER VA 55B - A- - 4- TILLEY WALTER TILLEY NANCY 2011 ROCK SPRING RD FOREST HILL MD 55B - A- - 5- WITT MICHAEL H WITT CAROL L 1803 BERRYVILLE PIKE 19027.2513 22603.4816 21050.2600 55 - A- - 37- BERRYVILLE 101 LLC WINCHESTER VA 22603.4817 9505 OAKENSHAW DR MANASSAS VA 20110.5096 /�Zichael T. Ruddy, Deputy Planning Direct Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK L _ \Qcs 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 f y) �,'� , oZ.O L , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 0 ` day of ' 'I 0 My commission expires on �' Y\—Q 3 , oZ 01 X. bj"A �" NOTARY PUBLIC DIANE L. WALSH NOTARY PUBLIC REGISTRATIONS 354475 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DUNE 30, 2016 55B - A- - 6- HILLTOP RETIREMENT PRI0.1, TIES LLC CIO JOSEPH C SMITH 111 DENNY LN WINCHESTER VA 22603.4832 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAY: 540/665-6395 NOTIFICATION OF PUBLIC HEARING April 22, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #03-15 FOR MBC, LC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, May 6, 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 1403-15 MBC, LC submitted by GreyWolfe, Inc., to rezone 2.96+/- acres as follows: 0.60+/- acres from MI-I1 (Mobile Home Community) District to 132 (General Business) District with proffers and 2.36+/- acres from 133 (hldustrial Transition) District to 132 (General Business) District with proffers. The properties are located on the south side of Route 7, approximately '/4 miles east of Winchester at Eckard Circle and are identified by Property Identification Numbers 55-A-34 and 55-A- 34A in the Redbud 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 Tlu, s to certify that the at�ached correspondence vfaspailed to the follov,ing on ao- / 5 from the Department of Planning and Development, Frederick Count ,, Virginia: 55 • A• 34•A 55 . A- • 34- MBC LC MBC LC CIO BANK OF CLARKE COUNTY TRUST CIO BANK OF CLARKE COUNTY TRUST 202 N LOUDOUN ST 202 N LOUDOUN ST WINCHESTER VA 22601-4952 WINCHESTER VA 226014952 55 - A- - 33- 54 -5- - 5-A CARLYLE & ANDERSON INC ALL POINTS PROPERTIES LLC 1752 BERRYVILLE PIKE 1682 E GUDE OR STE 201 WINCHESTER VA 22603.4802 ROCKVILLE MD 20850.5345 55 - A- - 32-A 55 - A- - 37- CARLYLE & ANDERSON INC BERRYVILLE 101 LLC 1752 BERRYVILLE PIKE 9505 OAKENSHAW DR WINCHESTER VA 22603.4802 MANASSAS VA 20110.5896 55 - A- - 38- 55B - A- - 4- WAMPLER JACK K SR & JACK K JR PIA TILLEY WALTER WAMPLER'S MOBILE HOMES TILLEY NANCY 2648 MARTINSBURG PIKE 2011 ROCK SPRING RD STEPHENSON VA 22656.1708 FOREST HILL MD 21050-2600 55B - A- - 2- GORIANADIS LLC CIO HELEN POULOS 7708 WEST AVE ELKINS PARK PA 19027.2513 55B - A- - 3- LINABURG RALPH W w. 1785 BERRYVILLE PIKE WINCHESTER VA 22603 4816 . K4ichael T. Ruddy, Deputy Planning Director Frederick County Planning Department STATE OF VMGIIN'IA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify, that 1\42'chael T. Ruddy, Deputy Planning Director for the Department of P�Ja ng and Development, whose name is signed to the foregoing, dated / 5 , has personally appeared before me and acknowledged the same in my State aad'County aforesaid. .L� nn a01s Given under my hand this day of My commission expires on NOTARY PUBLIC L ALA DEETER TARY PUBLIC RATION A 354474EALTH OF VIRGINIA MBER�N EXPIRES7 55B - A- - 5- , WITT MICHAEL H WITT CAROL L 1803 BERRYVILLE PIKE WINCHESTER VA 22603.4817 55B - A- - 6- HILLTOP RETIREMENT PROPERTIES LLC C/O JOSEPH C SMITH 111 DENNY LN WINCHESTER VA 22603-4832 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING April 22, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION #03-15 FOR MBC, LC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, May 6, 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 #03-15 MBC, LC submitted by GreyWolfe, Inc., to rezone 2.96+/- acres as follows: 0.60+/- acres from MI -I l (Mobile Home Community) District to B2 (General Business) District with proffers and 2.36+/- acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers. The properties are located on the south side of Route 7, approximately 114 miles east of Winchester at Eckard Circle and are identified by Property Identification Numbers 55-A-34 and 55-A- 34A in the Redbud 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, - l Michael T. Ruddy, AICP Deputy Plarming Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-S000 To: Barbara -Data Processing From: Pam -Planning Dept. lV s ^ Please git `i sets of labels �c5r-��b `iThanks! 5 s -A - 3 4-r°� '' ADJOINING PROPERTY OWNERS J ✓I 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 2ndfloor of the Frederick County . I rhninistrative Building, 107 North Kent Street. Name and Yropert� Identification Number address NameAll Points Prop., LLC 1682 East Gude Dr., Suite 201 Rockville, MD 20850 Prorert%-54-(A)-5A NameCarlyle & Anderson, Inc. 1752 Berryville Pike Winchester, VA 22603 Propert% = 55-(A)-32A & 33 Name Berryville 101, LLC 9505 Oakenshaw Drive Manassas, VA 20110 Propem ::55-(A)-37 NameJack Wampler 2648 Martinsburg Pike Stephenson, VA 22656 l>roNrt.::55-(A)-38 vameGorianadis, LLC 1621 Handley Avenue Winchester, VA 22601 ProN . 455B-(A)-2 yameRalph W. Linaburg 1785 Berryville Pike Winchester, VA 22603 Propert. 155B-(A)-3 .ameWalter Tilley 2011 Rock Springs Road Forest Hills, MD 20150 �n den. 55B-(A)-4 NameMichael H. Witt 1803 Berryville Pike Winchester, VA 22603 55B-(A)-5 NameHilltop Retirement Prop., LLC 111 Denny Lane Winchester, VA 22603 f'ropert. 55B-(A)-6 L`�� 15 -Poo 60.1 y pa-k 5 I u-t 3R Q &"'6 W;nche*, ✓A aa(S,)3 T)t �.�A 0 0 April 22, 2015 NOTIFICATION OF PUBLIC HEARING TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #03-15 FOR MBC, LC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, May 6, 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: w LPk Pr°FA-Is Rezoning #03-15 MBC, LC submitted by GreyWolfe, Inc, to rezone 2.96+/- acres as follo 0.60+/- acres from MH 1 (Mobile Home Community) District to B2 (General Business) District and 2.36+/- acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers. The properties are located on the southern side of Route 7 3/e miles east of Winchester at Eckard Circle and are identified by Property Identification Numbers 55 A-34 and 55-A-34A in the Redbud Magisterial District. �Fror..�,w. 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 -'-o6-1c c-\� k nc) mac LC PT(V S 55-A- 3� 55-A- -s to 0 • To: Barbara -Data Processing From: Pam -Planning Dept. Please pri t sets of labels by `1 l5 Thanks! 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 2ndlloor of the Frederick County Administrative Building, 107 North Kent Street. :Name and Property Identification ?Number Address vameAll Points Prop., LLC 1682 East Gude Dr., Suite 201 Rockville, MD 20850 Property # 54-(A)-5A NameCarlyle & Anderson, Inc. 1752 Berryville Pike Winchester, VA 22603 Property #55-(A)-32A & 33 �ameBerryville 101, LLC 9505 Oakenshaw Drive Manassas, VA 20110 Propert> #55-(A)-37 NameJack Wampler 2648 Martinsburg Pike Stephenson, VA 22656 Propert> -,:55-(A)-38 NameGorianadis, LLC 1621 Handley Avenue Winchester, VA 22601 Property �55B-(A)-2 vameRalph W. Linaburg 1785 Berryville Pike Winchester, VA 22603 Pmpert} 455B-(A)-3 NameWalter Tilley 2011 Rock Springs Road Forest Hills, MD 20150 1803 Berryville Pike Winchester, VA 22603 Propert. o55B-(A)-4 vameMlchael H. Witt Property #55B-(A)-5 Retirement Prop., LLC 111 Denny Lane Winchester, VA 22603 [:,,:m,Hilltop Propert> ::55B-(A)-6 -Poo 6c,t � Q(3--k s t u-t 3RQ81,6 6d W"ches4e, VA a2 l(p3 � • �-. lQ C� e � w N 0 REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA My GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: (-t I '')I 15 REQUESTED COMPLETION DATE: �4 1 5 l -5 Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone;: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of rP^"P.st) ����`w�� ��� -4 03-15 -PEN[s 5 5 �,(-i P-T�45 5 S-A- 3'i 55 A-34A 55-A-3(A DIGITAL: PAPER: FAX: E-MAIL: SIZES: NUMBER OF COPIES: COLOR: BLACK/WHITE: STAFF MEMBER: HOURS REQUIRED: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) M 41 / 63-. "--- b a Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IFTHISDOCUMENTDOESN0TMEET FOUR,4PPR0V4L PLE,4SEFROUIDE COAfAfENTS f19 TO TVHAT YO U 4`0 ULD LIKE TO H,4 VE COMPLETED. Initials Date & Time Candice Marls Dave Eric Mike okn COMMENTS: Jcfj< 4— Received by Clerical Staff (Date & Time): C� r7 (S:Office on BlackboxWormsMocument Approval Form 07/16/2014) C�oS-�