HomeMy WebLinkAbout01-10 Busy Beez Daycare - Stonewall 1.324 B3-B3, 0.567 Be-B2 - BackfileREZONING TRACKING SHEET
Check List:
Application Form ✓
Fee & Sign Deposit
Proffer Statement ✓
Deed
Impact Analysis ✓
Plat/Survey
Adjoiner List ✓
Taxes Paid Statement +�
Zo File opened
Reference manual updated/number assigned
' 7 o D-base updated
Lo Copy of adjoiner list given to staff member for verification
ID 7 c7 Color location maps ordered from Mapping
Q Application Action Summary updated
c� Planning Commission Meeting ACTION:
p 0 Board of Supervisors Meeting ACTION:
Signed copy of Resolution received from County Administrator and
placed in Proffers Notebook together with proffers
Approval (or denial) letter mailed to applicant/copy to file and cc's
D Reference manual updated
D-base updated
Application Action Summary updated
File given to Mapping to update zoning map
Zoning map amended
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REZONING APPLICATION #01-10
BUSY 13EEZ DAYCARE
Staff Report for the Board of Supervisors
Prepared: November 4, 2010
Staff Contact: Candice E. Perkins, AICP, Senior Planner
Reviewed Action
Planning Commission: 1 1/03/10 Recommencicd Approval
Board of Supervisors: 1 1/10/10 Pending
PROPOSAL: TO revise the proffers for 1.324 acres Of land zonccl 133 (Inclustrial Transition) and to
rezone 0.567 acres of land from the 133 District to the 132 (Business General) District with revised
proffers, totaling 1.89 acres. The total 1.89 acres was originally zoned with proffers to the 133 District
with Rezoning 405-01.
LOCATION: The properties are located on the west side of Martinsburg Pike (Route 11),
approximately 2,000 feet south of Interstate 81 Exit 323.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/10/10 BOARD OF
SUPERVISORS MEETING:
This is an application to revise the prolTers for 1.324 acres of land zoned 133 (Inclustrial Transition) and
to rezone 0.567 acres of land from the 133 District to the 132 (Business General) District with revised
proffers, totaling 1.89 acres. The 1.89 acre property was originally rezonccl in 2001 to the 133 District
with proffers. This rezoning seeks to allow for the addition of SIC 8351 (child clay -care facilities) only
on the 0.567 acre portion seeking the 132 zoning; all Other Uscs are consistent with the 2001 rezoning.
The land uses proposed in this application are consistent with the business designation of the Northeast
Land Use Plan (NELUP) and the application has adclressecl all of staff's concerns.
J'ollowing the reglllred public hearillb, a decision regal'dinb this mzonin application by the
Board of Supervisors would be appropriate. The rlpplicallt should be prepared to adequately
address all concerns raised by the Board of Supervisors.
7 ? 1
UIYTY of -P4EDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
November 15, 2010
Mr. Evan Wyatt, AICP
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
RE: REZONING 401-10, BUSY BEEZ
PINS: 33-A-92 and 33-A-93
Dear Evan:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of November 10, 2010. The above -referenced application was approved to revise the
proffers for 1.324 acres of land zoned B3 (Industrial Transition) and to rezone 0.567 acres of land
from the B3 District to the B2 (Business General) District with revised proffers, totaling 1.89 acres.
The properties are located on the west side of Martinsburg Pike (Route 11), approximately 2,000 feet
south of Interstate 81 Exit 323.
The proffer statement, originally dated May 9, 2001, with final revision date of October 1, 2010, that
was approved as a part of this rezoning application is unique to the above referenced properties and
is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your
records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the
Frederick County Clerk of Circuit Court for recordation.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
C�
Candice E. Perkins, AICP
Senior Planner
CEP/bad
Attachment
cc: Timothy and Margo Johnson, 141 Sister Chipmunk Ln, Clearbrook, VA 22624
Charles DeI-Iaven, Jr., Stonewall Magisterial District Supervisor
Gary Oates and Stan Crockett, Stonewall Magisterial District Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Rod Williams, County Attorney w/Proffer, Resolution and Plat
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
0 0
Rezoning #01-10 Busy Beez Daycare
November 4, 2010
Page 2
T%1IS /'L'fJ01't IS fJl'C'fJ111'L'lf by t%1L' 11'L'lfL'1'ICf( CO[!!lt)� h%ll/1/1l/lbr Stllff to provide information to the
P!llilnin Commission and the Board Of SuperviSOI:v to assist them in mak1/lb a decision Oil this
application. It may also be Useful to others interested in this zonin /!Mittel'. Unresolved ISSUE'S
collcel'nin this application are noted /Jjy Staff it,here relevant throughout this Stllff l'ef101't.
Reviewed Action
PlanniIlg Commission: 11/03/10 Rccommencicd Approval
Board of Supervisors: 1 1/10/10 Pending
PROPOSAL: To revise the proffers for 1.324 acres of land 'zoned B3 (111Cllistrial Transition) and to
rezone 0.567 acres of land from the B3 District to the B2 (Business General) District with revised
proffers, totaling 1.89 acres. The total 1.89 acres was originally zoned with proffers to the B3 District
with Rezoning 405-01.
LOCATION: The properties are located on the west side of Martinsburg Pike (Route 11),
approximately 2,000 feet south of Interstate 81 Exit 323.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY Ill NUMI3EIZS: 33-A-92 and 33-A-93
PROPERTY ZONING: B3 (Industrial Transition) District
PRESENT USE: Auto Repair Facility and Church
ADJOINING PROPERTY ZONING & PRESENT USE:
North:
RA (Rural Areas) District
Use:
Vacant
South:
RA (Rural Areas) District
Use:
Residential
East:
RA (Rural Areas) District
Use:
Residential
West:
N/A
Use:
Interstate 81
0 6
Rezoning tMI-10 Busy Beez Daycare
November 4, 2010
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Fl1C CIOCLImentatlon within the application to rezone this property
appears to have little measurable illlpaCt Oil ROLItC 1 1 . This route is the VDOT roadway which has been
considered as the access to the property. VDOT is satisfied that the transportation proffers offered to
the Busy Becz Daycare rezoning application elated August 19, 2010 address transportation concerns
associated with this request. Before development, this office will require a complete Set of construction
plans detailing entrance designs, drainage features and traff is flow data from the I.T.E. Trip Generation
Manual. Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs,
Il1CILldlllg right-of-way dedications, traffic signalization, and off -site roadway improvements and
drainage. Any work performed oil the States fight -of -way 111LISt be COVCI'CCI LI11dC1' a land LISC permit.
This permit is issued by this office and requires an inspection fee and surety bond coverage.
Fire Marshal: Plan approval recommended.
Public Works Department: 1. Rcfer to page 7 of the Impact Analysis under Site Drainage: Any
subsequent site plans should verify that the existing stormwatcr detention facility was constructed 111
accordance with the approved plans for parcel 33-A-92. In addition, the site plan design Should confirm
that the existing detention facility will accommodate the proposed development of parcel 33-A-93. 2.
Refer to page 8 of the Impact Analysis under Solid Waste Disposal: The current waste load at the
regional landfill has decreased to any average of 150,000 tons per year. 3. Refer to page 3 of the Proffer
Statement under paragraph C:1 Structural Development Limitation: Correct the parcel description to
33-A-93.
Department of Inspections: No comment required at this time. Shall comment at the time of site
plan review.
Sanitation Authority: Water and sewcr are available. There is sufficient water capacity and pressure
to serve this parcel. There is sufficient sewer capacity to serve this parcel.
Service Authoritv: No comments regarding request.
Winchester Regional Airport: The proposed rezoning should not impact operations at the Winchester
Regional Airport. However, because of the location of the property, the owners should be advised that
they could experience flyover noise from medevac operations in transit through that corridor.
Frederick County Attorney: Please See calached leller clale[l September 7, 2010, from Roclerick B.
Yf illicams, Counly Allorney.
Planning Department: Please see allachecl leller dalecl September 2, 2010, Candice E. Perkins,
f1ICP, Senior Planner.
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Rezoning 801-10 Busy Beez Daycare
November 4, 2010
Page 4
Planning & Zoning:
1) Site Histon,
The original Frederick County Zoning Mall (U.S.G.S. Inwood Quach•angle) depicts the zoning of
the two parcels as A-2 (Agricultural General) District. The COLlnty's agricultural zoning
districts were subsequently combined t0 form the RA (RUral Areas) District L111011 adoption Of an
amendment to the Frederick COL111ty Z011111g Ordinancc on May 10, 1989.
In 2001, the Board of Supervisors approved Rezoning 1/05-01, which rezoned the two properties
(total of 1.89 acres) to the 133 (Industrial Transition District) with proffers. The rear property
(33-A-92) contains an automotive repair facility and the front property (33-A-93) contains a
StRICtUrC CU1'I'Ciltly being utilized as a church.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the COI11111Lllllty'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.
[Comprehensive Policy Plan, p. 1-1]
Land Use.
The subject properties are within the limits of the Sewer and Water Service Area (SWSA). The
Sewer and Water Service Area defines the general area 111 which more intensive forms of
planned commercial, and industrial development will occur. The properties are also within the
limits of the North Bast Land Use Plan. The plan shows this area with a business land use
designation. The applicant is requesting a rezoning to the B2 (Business General) and the B3
(Industrial Transition) Zoning Districts and, therefore, this requested zoning is in general
conformance with the Comprehensive Policy Plan.
Sire Access.
The property will be served by the existing commercial entrance on Martinsburg Pike (U.S.
Route 1 1) and the applicant has proffered to dedicate ten foot of right-of-way along the frontage
of the site.
3) Proffer Statement — Dated May 9, 2001 with latest revision October 1, 2010
A) Allowed Uses:
The following uses shall be permitted within the I33 District on tax map parcel 33-A-92:
• SIC 15, 16 & 17 — Office and Storage facilities for building constrLICtlOn Contractors,
heavy C0I1StRICti011 contractors and Special trade Contractors.
• SIC 48 — Co111111L1nICation facilities and Offices, including telephone, telegraph, radio,
television aIld Other CO111111L1111CatiO11S.
• SIC 73 — Business Services.
• SIC 75 — Automotive repair, service and parking.
0
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Rezoning #01-10 Busy Beez Daycare
November 4, 2010
Page 5
• SIC 76 — Miscellaneous repair services.
• SIC 861 — Business Associations.
• Self-service storage facilities.
• Public Buildings.
• Public utility distribution facilities.
The following uses shall be permitted within the B2 District on tax neap parcel 33-A-93:
• SIC 48 — Communication Facilities and Offices, including telephone, telegraph, radio,
television and OthCl' C0111111LInications.
• SIC 73 — Business Services.
• SIC 76 — Miscellaneous repair services.
• SIC 8351 — Child day-care facilities.
• SIC 861 — Business Associations.
• Self-service storage facilities.
• Public Buildings.
• Publ1C Utility distribution facilities.
Staff Note: The only change to the permitted uses is the addition of SIC 8351 for child day-care
facilities (on& permitted on the parcel proposed to be rezoned to the I32 District), Fill other uses are
consistent with Rezoning #05-01.
B) Access Management.
I . Tax map parcels 33-A-92 and 33-A-93 shall be served by the existing commercial
entrance on Martinsburg Pike (Route 11).
2. The applicant proffers to cleclicate right-of-way along the Martinsburg Pike frontage
of parcel 33-A-93 to accommodate the future widening of this corriclor. This one-
time right-of-way dedication shall not exceed ten feet in width and shall OCCL11'
subsequent to the final MartinsbUl'g Plkc cleslgll plan approval. The Applicant shall
provide the required right-of-way dedication within 90 clays of written request by
Frederick County and/or VDOT.
C) Stl'LICtUral Development Limitation:
Tax map parcel 33-((A))-93 shall be limited to a maximum structural area of 3,000
square feet for all land uses, exclusive of sell -service storage facilities, identified in
Section A(2) of the proffer statement.
D) Monetary Contribution to Offset Impact of Development
The Applicant hereby proffers that in the event rezoning application 401-10 is approved,
the undersigned will pay to the TreaSUI-Cl' of F reclerick County, Virginia $0.10 per square
footage of structural area developed subsequent to approval of this rezoning application.
This monetary contribution is intendecl to offset impacts to lire and rescue services and
Will be paid prior to issuance of an Occupancy permit for the first land use constructed
on tax map parcel 33-((A))-93.
Rezoning ##01-10 Busy Beez Daycare
November 4, 2010
Page 6
PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/03/10 MEETING:
There were two citizen comments during the public hearing; concerns were expressed about buffering
against the aciiaeent property and the proposed daycare's proximity to Martinsburg Pike. The
Commission raised no Issues with the proposed rezoning and unanimously 1'ecommendecl approval of
Rezoning 901-10. (Note: Commissioner Thomas was absent from the meeting.)
STAFF CONCLUSIONS FOR THE 11/10/10 PLANNING COMMISSION MEETING:
This is an application to revise the proffers for 1.324 acres of land zoned B3 (hldustrial Transition) and
to rezone 0.567 acres of land from the B3 District to the B2 (Business General) District with revised
proffers, totaling 1.89 acres. The 1.89 acre property was originally rezoned in 2001 to the B3 District
with proffers. This rezoning seeks to allow for the addition of'SIC 8351 (child day-care facilities) only
on the 0.567 acre portion seeking the B2 "Zoning, all other uses are consistent with the 2001 rezoning.
The land uses proposed in this application are consistent with the business designation of the Northeast
Land Use Plan (N TELUP) and the application has addressed all of staffs concerns.
following the required public hearing, a recommendation regarding this rezoning application to
the Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised bV the Planning Commission.
Rezoning # 01 - 10
Busy Beez Daycare
PINs # 33 - A - 92 & 93
(B3 to B3 (revised proffers))
(B3 to B2 (revised proffers))
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Rezoning # 01 - 10
Note
Bus Beez Daycare
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Frederick County Dept of
Planning Development
PINS # 33 - A - 92 8. 93
101 N Kenn e
t St
(B3 to B3 (revised proffers))
ite 202
S�nWest
(B3 to B2 (revised proffers))
NAnchester. VA 22601
540 - 665 - 5651
Map Created Sept 28. 2010
0 100 200
400 Feet
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REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff. coy
Fee Amount Paid � -a-31
Zoning Amendment Number Date Receive % y /c
PC Hearing Date BOS Hearing Date L,C1LQIIIO
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the
Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent
Street, Winchester.
1. Applicant:
Name: Greenway Engineering
Telephone: 540-662-4185
Address: 151 Windy Hill Lane, Winchester, VA 22602
2. Property Owner (if different from above)
Name: Timothy W. Johnson & Margo D. Johnson
Telephone: 540-662-7878
Address: 4491 Martinsburg Pike Clearbrook, VA 22624
3. Contact person if other than above
Name: Evan A. Wyatt, AICP
Telephone: 540-662-4185
4. 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
0
The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all ownus or parties in interest of the land to be rezoned:
Timothy W. Johnson & Margo D. Johnson
5. Current Use of the Property: American Autobody & Church
6. Proposed Use of the Property: American Autobody & Child Day Care
7. Adjoining Property: Please see attached a(Ijoining properly owner map
exhibit and adjoining properly owner mailing address table.
PARCEL Ill NUMBER USE ZONING
8. Location: The property is located at (give exact located based on nearest road
and distance from nearest intersection, using road names and route number):
The Subject properties are located on the west side of Martinsburg Pike (U.S. Route 11),
approximately 2,000 feet south of Interstate 81 Exit 323.
0
0
Information to be Submitted for Capital Facilities Impact Model
h1 order for the Planning Staff to uqe its capital facilities impact model, it is necessary for
the applicant to provide information concerning the specifics of the proposed use.
Otherwise, the planning staff will use the maximum possible density or intensity scenario
for the proposed Zoning District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number 33-A-92 & 33-A-93
Districts
Magisterial: Stonewall High School: James Wood High
School
Fire Service: Clear Brook Middle School
Rescue Service: Clear Brook Elementary School
10.
11.
James Wood Middle
School
Stonewall
Elementary School
Zoning Change: List the acreage included in each new zoning category
being requested.
Acres
Current Zoning
Zoning Requested
1.324±
B3 (with proffers)
B3 (with revised proffers)
0.567±
B3 (with proffers)
B2 (with revised proffers)
1.89±
Total Acreage to be rezoned
The following information should be provided according to the type of
rezoning proposed:
Single Family homes
Non -Residential Lots
Office:
Self Serve Storage:
Lumber Store:
Number of Units Proposed
Townhome:
Mobile Home:
Square Footage of Proposed Uses"'
Wholesale:
Warehouse:
Other:
Multi -Family
Hotel Rooms:
'`Structural square footage is limited to 3,000 square feet for tax map parcel 33-((A))-
93 as described in Section C(1) of the proffer statement.
u
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 bet of my (our) knowledge.
Applicant(s): o— Date: �' 13 to
/ 3 b
Owner (s): Date:
Owner (s): /�-- Date:
i
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•
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.Co. frcdcl•ick.Va.LIS
Department of Planning & Development, County of Frederick, Virginia,
107 North Kent Street, Suite 202 Winchester, Virginia 22601
Facsimile 540-665-6395 Phone 540-665-5651
Know All Men I3), These Presents: 'That I (We)
(Name) 'Timothy 1V Johnson & Margo D. Johnson (Phone) (540) 662-7878
(Address) 4491 Martinsburg Pike Clear Brook, VA 22624
the owner(s) of all those tracts or parcels of land ("Property") conveyed to nle (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. 030025588 on Page . and is described as
Parcel: 92 Lot: Block: A Section: 33 Subdivision:
Parcel: 93 Lot: Block: A Section: 33 Subdivision:
do hereby make, constitute and appoint:
(Name) Greenway Engineering Inc (Phone) (540) 662-4185
(Address) 151 Windy Hill Lane Winclester VA 22602
To act as My true and lawful attorney -in -fact for and in illy (our) name, place and stead with lull power and
authority I (we) would have if acting personally to file planning application for illy (our) above clescribed
Property, including:
® Rezoning (Including Proffers)
❑ Conditional Use Permit
❑ Master Development Plan (Preliminary and Final)
❑ Subdivision
® Site Plan
® Variance or Appeal
❑ Comprehensive Policy Plan Amendment
My attorney -in -fact shall have the authority to offer profTered conditions and to make amendments to
previously approved proffered conditions except as follows:
This authorisation shall expire one year from the clay it is signed, or until it is otherwise rescinded or
modified.
In witness thereof, I (we) have hereto set illy (our) hand and seal this Bt hday of&�;�_200 Z.ol u
Signature(s)
v , -
State of Vir inia, Cit County f-F�e(JCTo-wit:
I, Donyyi'L•a Notary Public in and Im the jurisdiction aforesaid, certify that the person(s) who
signed to the foregoing instrument and who I (aI;M +t{Owy� to nle, personally appeared bef'orc nle and has
ac owledged the same before nle in tilt jurEf r �i �res�/KJ�this (�A(/' (illy of &,�C)Sk 2i-X)
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Timothy W.Johnson Rezoning
TAX MAP
NAME
ADDRESS
CITY & STATE
ZIP
ZONING
LAND USE
33 9 4
AB WHITE HALL LLC
8531 PULASKI HWY
BALTIMORE MD
21237
B3
4
33 9 S
PROFESSIONAL MOBILE HOME BROKERS INC
P 0 BOX 4091
WINCHESTER VA
22604
B3
4
33 A 91
JOHNSON CHERYL D ETALS
212 S WASHINGTON ST
WINCHESTER VA
22601
RA
4
33 A 94
COOKE CHARLES A. & BETTY L
4481 MARTINSBURG PIKE
CLEAR BROOK VA
22624
RA
2
33 A 95
CLEAR BROOK RENTALS LLC
141 SISTER CHIPMUNK LN
CLEAR BROOK VA
22624
RA
2
33A 1 18
ROBY PHILLIP WENDELL & KIMBERLY F
4478 MARTINSBURG PIKE
CLEAR BROOK VA
22624
RA
2
33A 1 19
IROBY PHILLIP WENDELL & KIMBERLY F
14478 MARTINSBURG PIKE
CLEAR BROOK VA
1226241RA
2
33A 1 20
IVENSKOSKE RICHARD M
12038 CHESTNUT GROVE RD
IWINCHESTER VA
1226031RA
2
Adjoining Parcels Listing
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V,P ONE Sans F- C-y. V. GIS DODM
REZONING APPLICATION #01-10
BUSY I3EEZ DAYCARE
Staff Report for the Planning Commission
Prepared: October 18, 2010
Staff Contact: Candice E. Perkins, AICP, Senior Planncr
Reviewed Action
Planning Commission: 1 1/03/10 Pending
Board of Supervisors: 1 1/10/10 Pending
PROPOSAL: To revise the proffers for 1.324 acres of land zoned 133 (Industrial Transition) and to
rezone 0.567 acres of land from the 133 District to the 132 (Business General) District with revised
proffers, totaling 1.89 acres. The total 1.99 acres was originally zoned with proffers to the 133 District
with Rezoning #05-01.
LOCATION: The properties are located on the west side of Martinsburg Pike (Route 11),
approximately 2,000 feet south of Interstate 81 Exit 323.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/03/10 PLANNING
COMMISSION MEETING:
This is an application to revise the proffers for 1.324 acres of land zoned 133 (Industrial Transition) and
to rezone 0.567 acres of land from the 133 District to the 132 (Business General) District with revised
proffers, totaling 1.89 acres. The 1.89 acre property was originally rezoned in 2001 to the 133 District
with proffers. This rezoning seeks to allow for the addition of SIC 8351 (child day-care facilities) only
oIl the 0.567 acre portion seeking the 132 Zoning; all other Liscs are consistent with the 2001 rezoning.
The land uses proposed in this application are consistent witli the business designation of the Northeast
Land Use Plan (NELUP) and the application has addressed all of staffs concerns.
Follolt,in the i-eguh-ell plane hem-inh, a i-eco111/118mlatlon /'L',t;'anfill, this PCZo/ ing l/pphCQt/on to
the BoQid of Supe1'Vlson would be appl'op1'iate. Tlie !lppllcllllt sholllll be pl'eplll'ell to llllt'l itil LL
a&h-ess all concerns Pulsed by the Pla1171inA-- Commission.
0 •
Rezoning 110 1 -10 Busy Beer_ Daycare
October 18, 2010
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to the
Planninq Commission and the Board of Supervisors to as.vist them in rnakirrb a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted G3, staff Where relevant throughout this staff report.
Reviewed Action
Planning Commission: 1 1/03/10 Pending
Board of Supervisors: 11/10/10 Pending
PROPOSAL: To revise the proffers for 1.324 acres of land zoned 133 (Industrial Transition) and to
rezone 0.567 acres of' land from the B3 District to the 132 (Business General) District with revised
proffers, totaling 1.89 acres. The total 1.89 acres was originally zoned with proffers to the B3 District
with Rezoning #05-01.
LOCATION: The properties are located on the west side of Martinsburg Pike (ROltte 11),
approximately 2,000 feet south of Interstate 81 Exit 323.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY Ill NUMBERS: 33-A-92 and 33-A-93
PROPERTY ZONING: 133 (Industrial Transition) District
PRESENT USE: Auto Repair Facility and Church
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) District Use: Vacant
South: RA (Rural Areas) District Use: Residential
East: RA (Rural Areas) District Use: Residential
West: N/A Use: Interstate 81
0 •
Rezoning 1101-10 Busy 13eez Daycare
October 18, 2010
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The CIOCLImcntation within the application to rezone this property
appears to have little measurable impact on Route 11. This route is the VDOT roadway which has been
considered as the access to the property. VDOT is satisfied that the transportation proffers offered to
the Busy Beez Daycare rezoning application elated August 19, 2010 address transportation concerns
associated with this request. Before development, this office will require a complete set of construction
plans detailing entrance designs, drainage features and traffic flow data from the I.T.E. Trip Generation
Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs,
including right-of-way dedications, traffic signalization, and off -site roadway improvements and
drainage. Any work performed on the State's right -Of -Way 111LISt be Covered Under a land LISC pCl•1111t.
This peI•Illit is iSSlled by this office and regUires all inspection fee and SUrety bond coverage.
Fire Marshal: Plan approval recommended.
Public Works Department: 1. Refer to page 7 of the Impact Analysis under Site Drainage: Any
subsequent site plans should verify that the existing stormwater detention faCility MIS CO11Stl'Llctcd in
accordance with the approved plans for parcel 33-A-92. hl addition, the site plan design should confirm
that the existing detention facility will accommodate the proposed development Of parcel 33-A-93. 2.
Refer to page 8 of the Impact Analysis under Solid Waste Disposal: The current waste load at the
regional landfill has decreased to any average of 150,000 tons per year. 3. Refer to page 3 of the Proffer
Statement under paragraph C:1 Structural Development Limitation: Correct the parcel description to
33-A-93.
Depai-tinent of Inspections: NO comment regUircd at this time. Shall comment at the time Of Site
plan review.
Sanitation Authority: Water and sewer are available. There is sufficient water capacity and pressure
to serve this parcel. There is sufficient sewer capacity to serve this parcel.
Service Authority: No comments regarding request.
Winchester RegrioIlal Ah-port: The proposed I•CZ0111ng Should not impact operations at the Winchester
Regional Airport. However, because of the location of'the property, the Owners should be advised that
they could experience flyover noise from medcvac operations in transit through that corridor.
Frederick Counh, Attorney: Please see allachecl letter c%rlecl September 7, 2010,.Ji'om Roderick 13.
Yl rlliams, Counly. Allorney.
Planning Department: Please see allachecl leller Baled September 2, 2010, Candice C. Perkins,
AICP, Senior Planner.
Rezoning #01-10 Busy Beer Daycarc
October 18, 2010
Page 4
Planning, & Zoning:
1) Site History
The original Frederick County Zoning Mal) (U.S.G.S. 111WOOCI QUadrailgle) dcplcts the zoning of
the two parcels as A-2 (Agricultural General) District. The County's agrlCUltUral zoning
districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance On May 10, 1989.
In 2001, the Board of Supervisors approved Rezoning 905-01, which rezoned the two properties
(total of 1.89 acres) to the B3 (h1CIUStrlal Transition District) with proffers. The rear property
(33-A-92) contains all aUtOrnOtIVe repair facility and the front property (33-A-93) contains a
structure currently being utilized as a church.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is all Official 1)llbllc docuincrit that Selves as
the Conllllllllity's guide for malting decisions regarding development, preservation, public
facilities and other key components Of Co11111111111ty 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.
[Comprehensile Policy Plan, p. 1-1]
Land Use.
The subject properties are within the limits of the Sewer and Water Service Area (SWSA). The
Sewer and Water Service Area defines the general area in which more intensive forms Of
planned commercial, and industrial development will OCCUr. The properties are also within the
limits of the North East Land Use Plan. The plan shows this area with a business land use
designation. The applicant is requesting a rezoning to the B2 (Business General) and the B3
(Industrial Transition) Zoning Districts and, therefore, this requested zoning is in general
conformance with the CompreheIlsive Policy Plan.
Site Access.
The property will be served by the existing commercial entrance on Martinsburg Pike (U.S.
Route 1 1) and the applicant has proffered to dedicate ten f oot of right-of-way along the frontage
of the site.
3) Proffer Statement — Dated May 9, 2001 with latest revision October 1, 2010
A) Allowed Uses:
The following uses shall be permitted within the B3 District on tag: map parcel 33-A-92:
• SIC 15, 16 & 17 — Office and storage facilities for building COI1StRICtlOn contractors,
heavy construction contractors and special trade contractors.
• SIC 48 — Communication facilities and off ices, including telephone, telegraph, radio,
television and Other C0I11I111-1111CatiOnS.
• SIC 73 — Business Services.
• SIC 75 — Automotive repair, service and parking.
Rezoning 801-10 Busy Beer Daycare
October 18, 2010
Page 5
• SIC 76 — Miscellaneous repair services.
• SIC 861 — Business Associations.
• Self-service storage facilities.
• Public Buildings.
• Public utility distribution facilities.
The following uses shall be permitted within the B2 District on tax map parcei 33-A-93:
• SIC 48 — Communication facilities and offices, including telephone, telegraph, raclio,
television and other communications.
• SIC 73 — Business Services.
• SIC 76 — Miscellaneous repair services.
• SIC 8351 — Child day-care facilities.
• SIC 861 — Business Associations.
• Self-service storage facilities.
• Public Buildings.
• Public utility distribution facilities.
Staff Note: The oUIy ChaUbe to the permitted uses is the addition of SIC 8351 for child d(iy-care
facilities (on1}, permitted oU the parcel proposed to he rezoned to the B2 District, fill other USES are
Consistent ivith RezoUUlb #05-01.
B) Access Management.
1. Tax map parcels 33-A-92 and 33-A-93 shall be served by the existing commercial
entrance on Martinsburg Pike (Route 11).
2. The applicant proffers to dedicate right-of-way along the Martinsburg Pike frontage
of parcel 33-A-93 to accommodate the ILltUI'C widening of this corriclor. This one-
time right-of-way c1cchcation Shall not exceed tcn feet in width and shall occur
subsequent to the final Martinsburg Pike clesign plan approval. The Applicant shall
provide the required right-of-way dedication within 90 clays of written request by
Frederick County and/or VDOT.
C) StruCttlral Development Limitation:
Tax map parcel 33-((A))-93 shall be limited to a max1111u111 StrllCtllral area of 3,000
square feet for all land uses, exclusive of' self service storage facilities, identified in
Section A(2) of the proffer statement.
D) Monetary ContributioI1 to Offset Impact of Deyelop111Cl1t.
The Applicant hereby proffers that in the event rezoning application 401-10 is approved,
the undersigned will pay to the Treasurer of frederick County, Virginia $0.10 per square
footage of structural area developed subsequent to approval of this rezoning application.
This monetary contribution is intended to offset impacts to fire and rescue services and
will be paid prior to issuance of an occupancy permit for the first land use constructed
on tax map parcel 33-((A))-93.
Rezoning 1101-10 Busy Beez Daycare
October 18, 2010
Page 6
STAFF CONCLUSIONS FOR THE 10/20/10 PLANNING COMMISSION MEETING:
This is an application to revise the proffers for 1.324 acres of land zoned B3 (Industrial Transition) and
to rezone 0.567 acres of land from the 133 District to the B2 (Business General) District with revised
proffers, totaling 1.89 acres. The 1.89 acre property was originally rezoned in 2001 to the B3 District
with proffers. This rezoning seeks to allow for the addition of SIC 8351 (child clay -care facilities) only
on the 0.567 acre portion Seeking the B2 Zoning, all Other LISCS ai'e COnSIStCnt With the 2001 rezoning.
The land LISCS proposed in this application are consistent With the business designation of the Northeast
Land Use Ilan (NCLUP) and the application has addressed all OI staff'S Concerns.
following- the rBguh-ed public hearing, a recommendation i-egyanfin; this rBZonnin, application to
the Board of Supervisors would be appropriate. The applicant should be prepared to adequatelV
address all concerns raised bV the Planninty Commission.
CO
A
1739
ActioIl:
PLANNIINTG COMMISSION
BOARD OF SUPERVISORS
RESOLUTION 0"'
November 3, 2010 -
November 10, 2010
Recommended Approval
ID APPROVED ❑ DENIED
AN ORDINANCE AMENDING
TIIE ZONING DISTRICT MAP
REZONING 40 1 -10 PROFFER REVISION OF BUSY 13EEZ DAYCARE
Co
w
o�
WHEREAS, Rezoning #01-10 Proffer Revision of Busy Beez Dayeare, submitted by Greenway
Engineering, to revise the proffers for 1.324 acres of land zoned 133 (Industrial Transition) District and to
rezone 0.567 acres of land from the B3 District to the 132 (General Business) District with revised proffers,
totaling 1.89 acres, was considered. The total 1.89 acres was originally zoned with proffers to the 133
District with Rezoning #05-01. The properties are located on the west side of Martinsburg Pike (Route 11),
approximately 2,000 feet south of Interstate 81 Exit,323, in the Stonewall Magisterial District, and are
identified by Property Identification Numbers 33-A-92 and a portion of 33-A-93.
WHEREAS, the Plarining Commission held a public hearing on this rezoning on November 3, 2010;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 10, 2010;
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 proffers for 1.324 acres of
land zoned B3 (Industrial Transition) District and to rezone 0.567 acres of land from the B3 District to
the 132 (General Business) District with revised proffers, totaling 1.89 acres, as described by the
application and attached conditions voluntarily proffered in writing by the applicant and the property
owner.
PDRcs. #39-10
This ordinance shall be in effect on the elate of acloption.
Passed this 1 Oth day of November, 2010 by the following recorded vote:
Richard C. Shickle, Chairman
Gary Dove
Gene E. Fisher
Christopher E. Collins
Aye
Aye
Aye
Aye
Gary A. Lofton
Bill M. 13wing
Charles S. DcHaven, Jr
Aye
Aye
Aye
A COPY ATTEST
John Zi ey, F. —
Fred •'cic County Administrator
u
CD
G7
PDRes. 409-10
Greenway Engineering August 19, 2010 Busy E3ccz Daycare Rezoning
Revised September 21, 2010
Revised October 1, 2010
PROFFER STATEMENT
a�
REZONING: RZ#
Industrial Transition District (133) with Proffers to Industrial
Transition District (133) and Business General District (132) with o
Revised Proffers c�
PROPERTY: 1..89 acres
Tax Parcels #33-((A))-92 & 33-((A))-93
RECORD OWNER: Timothy W. Joluison & Margo D. Johnson (TM# 33-A-92)
Clear Brook Rentals, LLC (Timothy W. Johnson) (TM# 33-A-93)
APPLICANT: Timothy W. Johnson & Margo D. Johnson and Clear Brook
Rentals LLC (here -in after "the Applicant")
PROJECT NAME: Busy Beez Daycare Rezoning
ORIGINAL DATE
OF PROFFERS: May 9, 2001
REVISION DATE: October 1, 2010
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, die undersigned Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 9- _/c
for the rezoning of 1.89± acres from the Industrial Transition (B3) District with Proffers
to the Industrial Transition (B3) District and Business General (B2) District with Revised
Proffers, 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 subsequent]), amended or revised by the Applicant and such be approved by the
Frederick County Board Of Supervisors in accordance with the said Code and Zoning
Ordinance. In the event that such rezoning is not granted, then these proffers shall be
deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon
this Applicant and their legal successors, heirs, or assigns. These proffers are a
conditional zoning amendment to Rezoning #05-01. of Timothy W. Jolmson, approved by
the Frederick County Board of Supervisors ton September 12, 2001.
The subject properties are more particularly described as the land owned by Clear Brook
Rentals, LLC being all of Tax Map Parcel 33-((A))-93 and further described by
Instrument No. 10000131.4, and the land owned by Timothy W. Johnson & Margo D.
File :2624/EAw
0 •
Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning
Revised September 21, 2010
Revised October 1, 2010
Jolvison being all of Tax Map Parcel 33-((A))-92 and further described by Instrument No. " n
060001525, and are further described by the Boundary Survey Plat prepared by W. Stuart ,R
Dural, L.S., dated June 6, 1996 and recorded as Deed Book 860 Page 1476 (see attached
Boundary Survey Plat).
0
c-0
PROFFERED CONDITIONS ry
A.) Allowed Uses
1.) The following land uses shall be permitted within the B-3, Industrial Transition
District on tax map parcel 33-((A))-92:
> SIC 15, 16 & 17 — Office and storage facilities for building construction
contractors, heavy construction contractors and special trade contractors.
> SIC 48 — Communication facilities and offices, including telephone,
telegraph, radio, television and other communications.
> SIC 73 — Business services.
> SIC 75 — Automotive repair, services and parking.
➢ SIC 76 — Miscellaneous repair services.
> SIC 861 — Business Associations.
> Self-service storage facilities (No SIC).
> Public buildings (No SIC).
> Public utility distribution facilities (No SIC).
All other land uses within the B-3, Industrial Transition District shall not be permitted on
tax map parcel 33-((A))-92 unless approved through a subsequent, conditional zoning
amendment.
2.) The following land uses shall be permitted within the B-2, Business General
District on tax map parcel 33-((A))-93:
➢ SIC 48 — Communication facilities and offices, including telephone,
telegraph, radio, television and other communications.
➢ SIC 73 — Business services.
SIC 76 — Miscellaneous repair services.
> SIC 8351 — Child day-care facilities.
> SIC 861. — Business Associations.
> Self-service storage facilities (No SIC).
> Public buildings (No SIC).
> Public utility distribution facilitie' (No SIC).
File #262V ANY 2
0
•
Greenvay Engineering August 19, 2010 Busy Bccz Daycare Rezoning
Revised September 21, 2010
Revised October 1, 2010
All other land uses within the B-2, Business General District shall not be permitted on tax
map parcel 33-((A))-93 unless approved through a subsequent conditional zoning 11r:
amendment. 5
B.) Access Management o
c�
1 P ( (( ))- Y g
1. Tax ma parcels 33- (A))-92 and 33- A 93 shall be served b the existing
CIO
commercial entrance on Martinsburg Pike (U.S. Route 1.1).
2.) The Applicant hereby proffers to dedicate right-of-way along the Martinsburg
Pike (U.S. Route 11) frontage of tax map parcel 33-((A))-93 to accommodate the -
future widening of this corridor. This one time right-of-way dedication shall not
exceed 10 feet in width and shall occur subsequent. to the final Martinsburg Pike
design plan approval. The Applicant shall provide the required right-of-way
dedication within 90 days of written request by Frederick County and/or VDOT.
C.) Structural Development Limitation
1.) Tax map parcel 33-((A))-93 shall be limited to a maximum structural area of 3,000
square feet for all land uses, exclusive of self-service storage facilities, identified in
Section A(2) of the proffer statement.
D.) Monetary Contribution to Offset Impact of Development
The Applicant hereby proffers that in the event rezoning application 4 61/40 is
approved, the undersigned will pay to the Treasurer of Frederick County, Virginia
$0.10 per square footage of structural area developed subsequent to approval of this
-- -
rezoning application. This monetary contribution IS llntelnded t0 OffSCt 1111171ctS t0 I1'e
and rescue services and will be paid prior to issuance of an occupancy permit for the
first land use constructed on tax map parcel 33-((A))-93.
Please refer to Page 4 and Page S of the Proffer Statement
for Notarized Owner Signotures
Pi)c ;l2624/EAw 3
0
C�
Greenway Engineering
E.) Signatures
August 19, 2010
Revised September 21, 2010
Revised October 1, 2010
Busy Beez Daycare Rezoning
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicant and owner of tax map parcel 33-
((A))-93. 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 Al 1,R
addition to other requirements set forth in the Frederick County Code.
Respectfully Submitted: CD
c�
By:Z12-2z�
~Timothy W.,,ohnson,� Date
1
/largo D/Jolulsoll Date
Commonwealth of Virginia,
City(ounty f Ey-Me"i'ic E, To Wit:
The foregoing instrument was aclmowledged before me this t•Z4111ay of ()CAZ)
20_Dby
( l) . JoVo5oto
G-), --0-,
Notary Public
My Commission Expires I—e (� 20 i Znl 2—
.�,I�ioitttr��
`I,0►,l11'C- moo,
) OF
rile ,12624/EA\V 4
0
•
Greenway Engineering
E.) Signatures
August 19, 2010
Revised September 21, 2010
Revised October 1, 2010
Busy Becz Daycare Rezoning
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicant and owner of tax map parcel 33-
((A))-92. In the event the Frederick County Board of Supervisors grants this rezoning
and accepts the conditions, the proffered conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County Code.
Respectfully Submitted:
B > t1 l�c�;�j (tom 1 �� S U i' �J•�- 9-0 r a
Cle, • Brook Rentals LLC (Timothy W. Johnson) ,� Date
Commonwealth of Virginia,
City/' ount f T(CZIC-✓' - To Wit:
The foregoing instrument was acknowledged before me thisI2ihday of Ck-�'!�
201 C) by
'Jo1
_ Notary Public
Nly Commission Expires Pf.b- ZC-I , Zol 2—
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NICETAS MATBEWS, CHARLES LEWIS AN
- TRUSTEES FOR LOCAL LODGE NO.
t' WIF,RNAnONAL ASSOCIATION OF
.,` AND AEROSPACE WORKERS I
I?EM) BOOK 507, PACE 522
TAX Mho' 33, TRACT 92 •r''
AND TAX MAP 33, TRACT 73
lACATID ON TIE WEST SIDS OF U.E. ROSIN NO. 11,14ARITHOIL
OF p�7IF3tSTATE ROUM NO. f 1 ABOUT 13J4 mumNORTTi OF Q
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CLEAR BROOK RENTALS LLC 04-07
141 SISTER CHIPMUNK LANE
CLEARBROOK, VA 22624
PAY (�del
TO THE
ORDER OF
Lib
1198
��� O�Vt •"6 1( G8 251/507
14
DATE
DOLLARS B a.;
BANK of
CLARKE COUNTY
110 i0 �K/I/Y/ELjLS �R7., WINCIIEST,ELF�iJ//fAA 226003
FOR
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l: • 31 509 3311111111
v
CO
a RESOLUTION
1739
Action:
PLANNING COMMISSION: November 3, 2010 - Recommended Approval
0
w
BOARD OF SUPERVISORS: November 10, 2010 ❑ APPROVED ❑ DENIED
o�
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 40 1 -10 PROFFER REVISION OF BUSY BEEZ DAYCARE
WHEREAS, Rezoning 901-10 Proffer Revision of Busy Beez Daycare, submitted by Greenway
Engineering, to revise the proffers for 1.324 acres of land zoned B3 (Industrial Transition) District and to
rezone 0.567 acres of land from the 133 District to the B2 (General Business) District with revised proffers,
totaling 1.89 acres, Nvas considered. The total 1.89 acres was originally zoned with proffers to the B3 District with Rezoning #05-01. The properties are located on the west side of Martinsburg Pike (Route 11),
approximately 2,000 feet south of Interstate 81 Exit 323, in the Stonewall Magisterial District, and are
identified by Property Identification Numbers 33-A-92 and a portion of 33-A-93.
WHEREAS, the Planning Commission held a public hearing on this rezoning on November 3, 2010;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 10, 2010;
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 proffers for 1.324 acres of
land zoned 133 (Industrial Transition) District and to rezone 0.567 acres of land from the 133 District to
the B2 (General Business) District with revised proffers, totaling 1.89 acres, as described by the
application and attached conditions voluntarily proffered in writing by the applicant and the property
owner.
PDRes. 439-10
0
0
This ordinance shall be in effect on the date of adoption.
Passed this I Oth day of November, 2010 by the following recorded vote:
Richard C. Shickle, Chairman
Gary Dove
Gene E. Fisher
Christopher E. Collins
Aye Gary A. Lofton Aye
Aye Aye
Bill M. Ewing y
Aye Charles S. Del-laven, Jr. Aye
Aye
A COPY ATTEST
John 64ey, Jr.
Fred ''ek County Administrator
PDRes. #39-10
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,`'• TRUS TEES FOR LOCAL LODGE NO.2335 OF
INTERNATIONAL ASSOCIATION OF MACHINISTS
AND AEROSPACE WORKERS UNION
DEED D K 507. PAGE 522
}...: .
t . '.. TAX MAP 33. TRACT 92
AND TAX MAP 33, TRACT 93 ((A))
ON'hiE EAST SIDE
ND SrrUATB IN
"'r \"'. •" LOCATED U1 T}B WSSr 1ID8 OF U 1 1t0U1Ti NO. 11, ►lA1tIIlSBURO BRO K
• '` ":f' OT D?TEWAT8 ROUT= NO.11 ABOUT 13/11t[[I ES NORTH CrOP CIEARBROOR
rrOWWALL MACaMMMAL DISTRICT,1 AFDEItIIX COUNTY, Vf1tODlIA
::'.. NOTE NO TITLE 1lE" TUNOT 10T IN N THE l0U YEAR FLOOD PLAIN D• DM OSATSD BY HUD.
' •. Nam ffi,N
T}1858 TItACT1 ARD
- .. FDtu OOW.NNrn' FANO. 510063 0073 D, DATED
rULY li, 197t.
11�y CERTIFY Tl tAT ON AM S, 1 "4 I MADE AN AC AND TBBEF TFD>RE NEY OF THE NO BASHI.�N[S
l.::C TO THE BEST OF Ml' IMWIEDOB AXE
p�ONN NFREON SNOWS'MFEON
OR
ENCitOACiB lEN1 S VISIBLE ON 71D1 QROUIID OTHER ID'R THAN I71OSE
DUNN LAND SURVEYS M'
BERRYVn—'_—a VIRGINIA
JUNK 6, 1996
V111GINIA: HU'DERICK COUNTY. SCT.
This irwroment of writing was produced to me on
�¢76,
and with certificate of acknowledgement thereto annexed
'.vas admititted to record. Tax imposed by Sec. 58.]-802 of
Nt ' and 58.i-801 have been paid, if assessable
�Gr_.i �to'•rU�"v ,Clerk
COMIVIONWEA' PH OF VIRGINIA
10!, 1a
OFFICIAL RECEIPT
FRE➢ERICK CIRCUIT COURT
DEED RECEIPT
DATE: 11/I6!10 TIME: 15:31:38 ACCOUNT: 069CLR100011158 RECEIPT: 1000002084E
CASHIER: PAM REG: WE17 TYPE: OTHER PAYMENT: FULL PAYMENT
INSTRUMENT � 100011158 BOOK: PAGE: RECORDED: 11/16/10 AT 15:31
SRANTOR: JOHNSON. TIMOTHY W r. N LOC: CO
GRANTEE: JOHNSON. TIMOTHY W EX: 11 PCT: 100%
AND ADDRESS :
RECEIVED OF : FREDERICY. COUNTY/ R. W11S
$.00
DESCRIPTION 1: ST DIST PAGES: 8 O/P C
2: PROFFER STATEMENT NAMES: 0
CONSIDERATION: .00 A/!IAL: .00 MAP: MISC
PIN:
000 ff ZERO PAYMENT .00
TENDERED 00
AMOUNT PAID: :or,
CHANGE Ai91 : .00
CLERK OF COURT: REBECCA P. HOGAN
cc- Ia (im)
1000111J18
Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning
Revised September 21, 2010
Revised October 1, 2010
PROFFER STATEMENT
REZONING: RZ#
Industrial Transition District (133) with Proffers to Industrial
Transition District (133) and Business General District (132) with o
Revised Proffers
�a
PROPERTY: 1.89 acres
Tax Parcels #33-((A))-92 & 33-((A))-93
RECORD OWNER: Timothy W. Johnson & Margo D. Johnson (TM# 33-A-92)
Clear Brook Rentals, LLC (Timothy W. Johnson) (TM# 33-A-93)
APPLICANT: Timothy W. Johnson & Margo D. Johnson and Clear Brook
Rentals LLC (here -in after "the Applicant")
PROJECT NAME: Busy Beez Daycare Rezoning
ORIGINAL DATE
OF PROFFERS: May 9, 2001
REVISION DATE: October 1, 2010
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #0-/o
for the rezoning of 1.89± acres from the Industrial Transition (133) District with Proffers
to the Industrial Transition (133) District and Business General (132) District with Revised
Proffers, 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 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 Applicant and their legal successors, heirs, or assigns. These proffers are a
conditional zoning amendment to Rezoning #05-01 of Timothy W. Johnson, approved by
the Frederick County Board of Supervisors on September 12, 2001.
The subject properties are more particularly described as the land owned by Clear Brook
Rentals, LLC being all of Tax Map Parcel 33-((A))-93 and further described by
Instrument No. 100001314, and the land owned by Timothy W. Johnson & Margo D.
File #2624/EAw
Greenway Engincering August 19, 2010 Busy Beez Daycare Rezoning
Revised September 21, 2010
Revised October 1, 2010
Johnson being all of Tax Map Parcel 33-((A))-92 and further described by Instrument No. 1
060001525, and are further described by the Boundary Survey Plat prepared by W. Stuart
Dunn, L.S., dated June 6, 1996 and recorded as Deed Book 860 Page 1476 (see attached
Boundary Survey Plat).
PROFFERED CONDITIONS
A.) Allowed Uses
1.) The following land uses shall be permitted within the B-3, Industrial Transition
District on tax map parcel 33-((A))-92:
➢ SIC 15, 16 & 17 — Office and storage facilities for building construction
contractors, heavy construction contractors and special trade contractors.
Y SIC 48 — Communication facilities and offices, including telephone,
telegraph, radio, television and other communications.
SIC 73 — Business services.
➢ SIC 75 — Automotive repair, services and parking.
➢ SIC 76 — Miscellaneous repair services.
➢ SIC 861 — Business Associations.
Self-service storage facilities (No SIC).
➢ Public buildings (No SIC).
➢ Public utility distribution facilities (No SIC).
All other land uses within the B-3, Industrial Transition District shall not be permitted on
tax map parcel 33-((A))-92 unless approved through a subsequent conditional zoning
amendment.
2.) The following land uses shall be permitted within the B-2, Business General
District on tax map parcel 33-((A))-93:
➢ SIC 48 — Communication facilities and offices, including telephone,
telegraph, radio, television and other communications.
➢ SIC 73 — Business services.
➢ SIC 76 — Miscellaneous repair services.
➢ SIC 8351 — Child day-care facilities.
➢ SIC 861 — Business Associations.
➢ Self-service storage facilities (No SIC).
➢ Public buildings (No SIC).
Public utility distribution facilities (No SIC).
CD
N
File 42624/EA W 2
Greenway Engineering 0 August 19, 2010 Busy Beez Daycare Rezoning
Revised September 21, 2010
Revised October I, 2010
All other land uses within the B-2, Business General District shall not be permitted on tax
map parcel 33-((A))-93 unless approved through a subsequent conditional zoning
amendment.
B.) Access Management o
W
1.) Tax map parcels 33-((A))-92 and 33-((A))-93 shall be served by the existing
commercial entrance on Martinsburg Pike (U.S. Route 11). W
2.) The Applicant hereby proffers to dedicate right-of-way along the Martinsburg
Pike (U.S. Route 11) frontage of tax map parcel 33-((A))-93 to accommodate the
future widening of this corridor. This one time right-of-way dedication shall not
exceed 10 feet in width and shall occur subsequent to the final Martinsburg Pike
design plan approval. The Applicant shall provide the required .right-of-way
dedication within 90 days of written request by Frederick County and/or VDOT.
C.) Structural Development Limitation
1.) Tax map parcel 33-((A))-93 shall be limited to a maximum structural area of 3,000
square feet for all land uses, exclusive of self-service storage facilities, identified in
Section A(2) of the proffer statement.
D.) Monetary Contribution to Offset Impact of Development
The Applicant hereby proffers that in the event rezoning application # 0/- /o is
approved, the undersigned will pay to the Treasurer of Frederick County, Virginia
$0.10 per square footage of structural area developed subsequent to approval of this
rezoning application. This monetary contribution is intended to offset impacts to fire
and rescue services and will be paid prior to issuance of an occupancy permit for the
first land use constructed on tax map parcel 33-((A))-93.
Please refer to Page 4 and Page 5 of the Proffer Statement
for Notarized Owner Signatures
File #2624/EAW
c
Greenway Engineering
E.) Signatures
August 19, 2010 Busy Beez Daycarc Rezoning
Revised September 21, 2010
Revised October 1, 2010
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicant and owner of tax map parcel 33-
((A))-93. hi the event the Frederick County Board of Supervisors grants this rezoning
and accepts the conditions, the proffered conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County Code.
Respectfully Submitted:
B I ��GX/�G-�Z��.
IIllothy W. Ohnson,
By: w u
a go D!Johnson
Commonwealth of Virginia,
Date
1, d/l2/20/-6
Date
City ounty f To Wit:
The foregoing instrument was acknowledged before me this tZ-+flay of C�iG� �=D-r-
20_�Dby I t M
')01/1�15L t�
o
j11,'kiv �Le,l��cJ
Notary Public
My Commission Expires keb "L� Z_c1 -
0
W
File #2624/EAw
4
Da
Greenway Enginceiing AuBusgust 19, 2U10 Y Beez Daycare Rezoning
Revised September 21, 2010
Revised October 1, 2010
E.) Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicant and owner of tax map parcel 33-
((A))-92. In the event the Frederick County Board of Supervisors grants this rezoning
and accepts the conditions, the proffered conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County Code.
Respectfully Submitted:
y:
Cle - Brook Rentals LLC (Timothy W. Johnson) Date
Commonwealth of Virginia,
City/ ount f To Wit:
The foregoing instrument was acknowledged before me this i2--hday of CL+0b2 K
20Lby
'jC)V�
_ Notary Public
M ' Commission Expires hf 2-012
c=G,tS�✓C�it�1� 7S((eIG
0
W
u1
File 42624/EAW
s
•
Greenway Engineering
August 19, 2010 • Busy Beez Daycare Rezoning
Revised September 21, 2010
PROFFER STATEMENT
REZONING: RZ# o/-1°
Industrial Transition District (133) with Proffers to Industrial
Transition District (133) and Business General District (132) with
Revised Proffers
PROPERTY: 1.89 acres +/-;
Tax Parcels #33-((A))-92 & 33-((A))-93
RECORD OWNER: Timothy W. Johnson & Margo D. Johnson (TM# 33-A-92)
Clear Brook Rentals, LLC (Timothy W. Johnson) (TM# 33-A-93)
APPLICANT: Timothy W. Johnson & Margo D. Johnson and Clear Brook
Rentals LLC (here -in after "the Applicant")
PROJECT NAME: Busy Beez Daycarc Rezoning
r;�
ORIGINAL DATE ' 1
OF PROFFERS: May 9, 2001
REVISION DATE: September 21, 2010
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #_LL._-Lo
for the rezoning of 1.89± acres from the Industrial Transition (133) District with Proffers
to the Industrial Transition (133) District and Business General (132) District with Revised
Proffers, 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 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 Applicant and their legal successors, heirs, or assigns. These proffers are a
conditional zoning amendment to Rezoning #05-01 of Timothy W. Johnson, approved by
the Frederick County Board of Supervisors on September 12, 2001.
The subject properties are more particularly described as the land owned by Clear Brook
Rentals, LLC being all of Tax Map Parcel 33-((A))-93 and further described by
Instrument No. 100001314, and the land owned by Timothy W. Johnson & Margo D.
File #2624/EAW
•
Greenway Engineering August 19, 2010 • Busy Beez Daycare Rezoning
Revised September 21, 2010
Johnson being all of Tax Map Parcel 33-((A))-92 and further described by Instrument No.
060001525, and are further described by the Boundary Survey Plat prepared by W. Stuart
Dunn, L.S., dated June 6, 1996 and recorded as Deed Book 860 Page 1476 (see attached
Boundary Survey Plat).
PROFFERED CONDITIONS
A.) Allowed Uses
1.) The following land uses shall be permitted within the B-3, Industrial Transition
District on tax map parcel 33-((A))-92:
➢ SIC 15, 16 & 17 — Office and storage facilities for building construction
contractors, heavy construction contractors and special trade contractors.
➢ SIC 48 — Communication facilities and offices, including telephone,
telegraph, radio, television and other coin rnunications.
➢ SIC 73 — Business services.
➢ SIC 75 — Automotive repair, services and parking.
➢ SIC 76 — Miscellaneous repair services.
➢ SIC 861 — Business Associations.
➢ Self-service storage facilities (No SIC).
➢ Public buildings (No SIC).
➢ Public utility distribution facilities (No SIC).
All other land uses within the B-3, Industrial Transition District shall not be permitted on
tax map parcel 33-((A))-92 unless approved through a subsequent conditional zoning
amendment.
2.) The following land uses shall be permitted within the B-2, Business General
District on tax map parcel 33-((A))-93:
➢ SIC 48 — Communication facilities and offices, including telephone,
telegraph, radio, television and other communications.
➢ SIC 73 — Business services.
➢ SIC 76 — Miscellaneous repair services.
➢ SIC 8351 — Child day-care facilities.
➢ SIC 861 — Business Associations.
➢ Self-service storage facilities (No SIC).
➢ Public buildings (No SIC).
➢ Public utility distribution facilities (No SIC).
File #2624/EAW 2
•
Greemvay Engineering August 19, 2010 Busy Beez Dayeare Rezoning
Revised September 21, 2010
All other land uses within the B-2, Business General District shall not be permitted on tax
map parcel 33-((A))-93 unless approved through a subsequent conditional zoning
amendment.
B.) Access Management
1.) Tax map parcels 33-((A))-92 and 33-((A))-93 shall be served by the existing
commercial entrance on Martinsburg Pike (U.S. Route 11).
2.) The Applicant hereby proffers to dedicate right-of-way along the Martinsburg
Pike (U.S. Route 11) frontage of tax map parcel 33-((A))-93 to accommodate the
future widening of this corridor. This one time right-of-way dedication shall not
exceed 10 feet in width and shall occur subsequent to the final Martinsburg Pike
design plan approval at no cost to the Applicant.
C.) Structural Development Limitation
1.) Tax map parcel 33-((A))-93 shall be limited to a maximum structural area of 3,000
square feet for all land uses, exclusive of self-service storage facilities, identified in
Section A(2) of the proffer statement.
D.) Monetary Contribution to Offset Impact of Development
The Applicant hereby proffers that in the event rezoning application #c% o is
approved, the undersigned will pay to the Treasurer of Frederick County, Virginia
$0.10 per square footage of structural area developed subsequent to approval of this
rezoning application. This monetary contribution is intended to offset impacts to fire
and rescue services and will be paid prior to issuance of an occupancy permit for the
first land use constructed on tax map parcel 33-((A))-93.
Please refer to Page 4 and Page 5 q'the Proffer Statement
for Notarized Owner Signatures
File #2624/EAw 3
Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning
Revised September 21, 2010
E.) Signatures
The conditions proffered above sliall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicant and owner of tax map parcel 33-
((A))-93. In the event the Frederick County Board of Supervisors grants this rezoning
and accepts the conditions, the proffered conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County Code.
Respectfully Submitted:
By; � •�i��a- � ti�.
irnothy W. Johnson Date
By. ------ ��' ��-
Arrg(: D. Jolul�on Date
Commonwealth of Virginia,
Cit County f To Wit:
The foregoing instrument was acknowledged before me this 2-Wday of �LVvt ✓
201 D by o*4 / U) • J o kv-)so t/, U n (i M 0 VIZO 17 . JD k vl--,, vI
M Commission Expires Fek). 2-61, 2U+.2-
Notary Public
�e�is•h-c�%o�-, �= Zoe (� I v(a
O+Z`,•`�ONWF �,••
,
I Y VO
���rrrrttttt)t�,
File #2624/EA%V 4
Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning
Revised September 21, 2010
E.) Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicant and owner of tax map parcel 33-
((A))-92. 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 Colony Code.
Respectfully Submitted:
Cleat rook Rentals LLC (Ti othy W. Johnson) Date
Commonwealth of Virginia,
Cit Count of faeJcAc( --
To Wit:
The foregoing instrument was acknowledged before me this Z-151 day of �e�l vvt Irx r
2010 by
Notary Public
My Commission Expires e . . Zei 2-017_
0 7:
OF
''�. Tfif1Y Pv���•
File #2624/EAW
5
0 0
COUNTY of FREDERICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mail:
rwillia@co.frederick.va.us
September 7, 2010
VIA FACSIMILE — (540) 772-9528 — AND REGULAR MAIL
Mr. Evan Wyatt
Greenway Engineering
151 Windy Hill Lane
Winchester VA 22602
Re: Busy Beez — Route 11 North (4489 & 4491 Martinsburg Pike) — Proposed
Rezoning — Proposed Proffer Statement dated August 19, 2010
Dear Evan:
You have submitted to Frederick County for review the above -referenced
proposed proffer statement dated August 19, 2010 (the "Proffer Statement") for the
proposed rezoning of 1.89f acres constituting the property of Timothy W. Johnson and
Margo D. Johnson (the "Johnsons"), Parcel Identification Number 33-A-92 (4491
Martinsburg Pike), and Clear Brook Rentals LLC, Parcel Identification Number 33-A-93
(4489 Martinsburg Pike), in the Stonewall Magisterial District, from the B3 (Industrial
Transition) District, with proffers to the B3 (Industrial Transition) District and B2
(Business General) District, both with revised 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:
As the introductory portions of the Proffer Statement acknowledge, Parcel
Identification Number 33-A-93 is owned by Clear Brook Rentals LLC.
Accordingly, both the rezoning application and the Proffer Statement should
have a separate signature block for that entity, in addition to the signature
blocks for the Johnsons for Parcel Identification Number 33-A-92. Assuming
he has the authority to do so, Mr. Johnson might be able to sign in the separate
signature block for Clear Brook Rentals LLC, but that signature block should
also indicate Mr. Johnson's (or such other signatory's) capacity on behalf of
Clear Brook Rentals LLC.
107 North Kcnt Street • Winchester, Virginia 22601
Mr. Evan Wyatt
September 7, 2010
Page 2
2. Proffer C — In light of the references contained in the Application and in the
Impact Analysis Statement accompanying the Application, it appears that the
reference in Proffer C for the structural area square footage limitation should
be to parcel 33-A-93, and not to parcel 33-A-92.
3. Proffer D — First, in light of the references contained in the Application and in
the Impact Analysis Statement accompanying the Application, it appears that
the reference in Proffer D for the monetary contribution should be to parcel
33-A-93, and not to parcel 33-A-92. In addition, Proffer D may not
necessarily be clear regarding what constitutes "development" for purposes of
triggering the contribution, especially given that the site already contains an
existing structure. Finally, staff should be aware that Proffer D only requires
the contribution upon issuance of an occupancy permit, and not a building
permit, to the extent that either would necessarily be required for the existing
structure. The recently enacted Virginia Code § 15.2-2303.1:1, which makes
certain changes to the timing of cash proffer payments, applies only to
residential construction.
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.
Sinc el
Roderick B. Williams
County Attorney
cc: Candice B. Perkins, AICP, Senior Planner
COUNTY of FREDERICK
Department of Planning and Development
540/66S-S651
FAY: 540/665-6395
September 2, 2010
Mr. Evan Wyatt
Greenway Engineering
15! Windv Hill Lane
vv ulchester, v irgn;ia 2260
RE: Proposed Rezoning of the Timothy W. Johnson and Margo D. Johnson Propel -iv
Property Identification Number (PIN): 33-A-92, 33-A-93
Dear Evan:
I have had the opportunity to review the draft rezoning application for the Johnson Property.
This application seeks to rezone 1.89 acres of land from the B3 (Industrial Transition)
District to the B2 (Business General) District. Staff's review comments are listed below for
your consideration.
1. Martinsburg Pike Improvements. As indicated in the Frederick County Eastern
Road Plan, Martinsburg Pike is identified as an improved minor arterial road (U4D).
With this rezoning application, the need for additional Route 1 I R-O-W should be
addressed.
2. Proffers. Proffer #4 from the 2001 rezoning should be included in the revised
rezoning proffer statement.
3. Agency Comments. Please provide appropriate agency comments from the
following agencies: Virg in4j Depjrtrneni of Transportation. "rite proposed proffers
have been farwarded by staff to the; Frederick C��unty Attorney. Once attorney
comments are received by the Planning Departnier& they will be forwarded W yClil'
office. Attorney comments are regL111 -d i'fil' acceptance of the rezoning application.
4. Special Limited Power of Attorney. Provide a Power of Attorney for the property
owners.
S. Plat of the Property and Verification of Taxes Paid. A plat of the property needs to be
included with the application that identifies the limits of the property, as well as, the
proposed zoning boundaries needs to be included along with verification that property
taxes have been paid.
6. Fees. The fee for this application includes a $5,000.00 base fee plus $100.00 per
acre; and a $50.00 public hearing sign fee. This is based on fees as of May 1, 2008.
Fees may change.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
• 0
Page 2
Mr. Evan Wyatt
RE: Johnson Property Rezoning
September 2, 2010
All of the above comments and reviewing agency comments shoulcl be appropriately
addressed before staff can accept this rezoning application. Please feel free to contact me
with questions regarding this application.
Sincerely,
,`-La-Lc� e�Z_
Candice E. Perkins, AICP
Senior Planner
CEP/dlw
0 a
Rezoning Comments
Virginia Department of Transportation
Mail to:
Virginia Department of Transportation
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540) 984-5600
Hand deliver to:
Virginia Department of Transportation
Attn: Resident Engineer
2275 Northwestern Pike
Winchester, VA 22603
(540)-53501828
Applicant: ,Pleas6 fill'oat.the:inf0imatioa as`6ccuratdly as possibld in 6rdetlo::assistthe_Virginia :;.
Departzrient of I'raii'sportatiori with their review: "Attacli a copy of your application.£oriin,
location.map, pro£fer-stai6mi ,n , inipact analysis; anA axiy.;Other'pertinenit in£orrna'tion;
Applicant's Name: Greenway Enjgineerina Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: West side of Martinsburg Pike (U.S. Route 11), approximately 2,000 feet
south of Interstate 81 Exit 323.
Current zoning: B3 with proffers Zoning requested: B3 & B2 with modified proffers
Acreage: 1.89 +/•- aces
Virginia Department of Transportation Comments:
See attached email from VDOT to Greenway Engineering dated
September 13, .
VDOT Signature & Date: (/l -! 09/13/10
Notice to VDOT -- Please Return This Form to the Applicant
Untitled Stationery • Page 1 of 2
Evan Wyatt
From: Ingram, Lloyd[Lloyd.Ingram @VDOT.virginia.gov]
Sent: Wednesday, September 22, 2010 8:15 AM
To: Evan Wyatt
Cc: Smith, Matthew, P.E.; Funkhouser, Rhonda
Subject: FW: Busy Beez Daycare Rezoning
The proposed right-of-way dedication is acceptable.
This office has no additional comments at this time.
Lloyd A. Ingrain, Transportation Engineei-
Vliginia Depai-tinent of Transportation
EdinbmgResidency — Land Developinent
14031 Old Valley Pike
Edinburg, Virginia 22824
Phone #(540) 984-5611
Fax # (540) 984-5607
From: Evan Wyatt [mailto:ewyatt@greenwayeng.com]
Sent: Tuesday, September 21, 2010 12:15 PM
To: Ingram, Lloyd
Subject: Busy Beez Daycare Rezoning
Hi Lloyd,
Thanks again for your comments on the rezoning. Please note that FC Planning identified the desire for right-of-way for the
future widening of Route 11 in their comments. I have discussed this matter with Tim and Margo Johnson and they have
agreed to provide for a future right-of-way dedication of up to 10 feet if needed once the final design plans are complete for
this improvement, as long as there is no cost to them to do this (ie: prepare plats, legal docs, etc).
Based on our previous discussion, there is currently an 80-foot right-of-way in front of their property. I have attached a PDF of
the property that includes the tax map and road base. It appears that future widening will most likely occur on the east side of
the existing pavement section; however, their willingness to dedicate up to 10 feet will allow for improvements on the west
side of Route 11 if final design plans dictate this need.
I have attached the revised proffer statement dated September 21st for your information. Please note that Section B(2)
provides for this future dedication as described above. Please review this information and advise me of any comments that
you may have regarding this matter.
Thank you, Evan
GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, VA 22602
Phone: 540-662-4185
9/22/2010
Busy Beez Dayc,,u-e - VDOT Coil
ients to Rezoning • Page 1 of 1
Evan Wyatt
From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd
[Lloyd. Ingram @ VDOT.vi rginia.govj
Sent: Monday, September 13, 2010 1:25 PM
To: Evan Wyatt
Cc: Ingram, Lloyd; Smith, Matthew, P.E.; John.Bishop
Subject: Busy Beez Daycare - VDOT Comments to Rezoning
The documentation within the application to rezone this property appears to have little measurable
impact on Route 11. This route is the VDOT roadway which has been considered as the access to the
property referenced.
VDOT is satisfied that the transportation proffers offered in the Busy Beez Daycare Rezoning Application
dated August 19, 2010 address transportation concerns associated with this request.
Before development, this office will require a complete set of construction plans detailing entrance
designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition
for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way
dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed
on the State's right-of-way must be covered under a land use permit. This permit is issued by this office
and requires an inspection fee and surety bond coverage.
Thank you for allowing us the opportunity to comment.
<<SCN_20100913132220_001.pdf>>
Lloyd A. higi-am, Land Development Engineer
VA Department of Trnnspoi'tation — Land Development
Clarke, Frederick, Shenandoah & Wan -en Counties
14031 Old Volley Pike
Edinbin'g, Virginia 22824
Phone # (540) 984-5611
Fax # (540) 984-5607
9/ 13/20 I 0
E
Rezoning Comments
Frederick County Fire Marshal
Mail to:
Frederick County Fire Marshall
Attn: County Planner
1080 Coverstone Drive
Winchester, Virginia, 22602
(540) 665-5618
0
Hand deliver to:
Frederick County Fire & Rescue Dept.
Aaw Fire Marshal
County Administration Bldg., 1" Floor
107 North Kent Street
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Frederick County Fire Marshall with their review. Attach a copy of your application form,
location map, proffer statement, impact analysis, and any other pertinent information.
Applicant's Name: Greenway Engineering Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of' properly: West side of Martinsburg Pike (U.S. Route 11)• approximately 2,000 feet
south of Interstate 81 Exit 323.
Current zoning: B3 with proffers Zoning requested: B3 & B2 with modified proffers
Acreage: 1.89 +/- aces
Fire Marshal's Comments:
Fire Marshal's Signature & Date,
Notice to Fire Marshal — Please Return This Form to the Applicant
0
•
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K �,
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k, k
VIRGINIA
Control number
RZ10-0001
Project Name
Busy Beez Daycare
Address
151 Windy Hill lane
Type Application
Rezoning
Current Zoning
B-3
Automatic Sprinkler System
No
Other recommendation
Emergency Vehicle Access
Not Identified
Siamese Location
Not Identified
Emergency Vehicle Access Comments
Access Comments
Additional Comments
ii. i�/t,)�''( •1€3?.Y _Pt31ii?i')1 tom`
Date received Date reviewed Date Revised
9/23/2010 9/2/2010
Applicant
Greenway Engineering
City Stale Zip Applicant Phone
Winchester VA 22602 540-662-4185
Tax ID Number Fire District Rescue District
33-A-92 13 13
Recommendations
Automatic Fire Alarm System
No
Hydrant Location
Not Identified
Roadway/Aisleway Width
Not Identified
Plan Approval Recommended Reviewed By Signature
Yes D.Linaburg Title
Election District
Stonewall
Residential Sprinkler System
No
Fire Lane Required
Yes
Special Hazards
No
Rezoning Comments
LI
Frederick County Department of Inspections
Mail to:
Frederick County Dept. of Inspections
Attn: Director of Inspections
107 North Kent Street
Winchester, Virginia, 22601
(540) 665-5656
Hand deliver to:
Frederick County Dept. of Inspections
Attn: Director of Inspections
County Administration Bldg., 4"' Floor
107 North Kent Street
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Department of Inspections with their review. Attach a copy of your application form,
location map, proffer statement, impact analysis, and any other pertinent information.
Applicant's Name: Greenway Engineering Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: West side of MartinsL,.Irg Pike (U.S. Route 1 1)-, approximately 2,000 feet
south of Interstate 81 Exit 323.
Current zoning: B3 with proffers Zoning requested: B3 & B2 with modified proffers
Acreage: 1.89 +/- aces
Department of Inspection's Comments:
1Y1 /Y!,e ✓
Q /•�l
SIP ph.-vt
lkbf! l
Public Works Signature & Date:D/�
i i
Notice to Department of iispections — Please Retu914is Form to the Applicant
V A5,
0
0
COUNTY of .PR;EDERICK.
err
M. DeparfinerA-..of Pbblic Woiidss
sa0/GG5=5Ga3
FAX: 540/ 678-0682-
AOgust�23; 201'0
Mr. Evan Wyatt
Greenway.Engineerilig'
151 Windy I-Iill'Lanc
Winchester, Virginia 22602
RE: Busy Beez Daycare. Rezoning:Comiiients
Frederick County;-Virgiiiia
Dear Evan:
We. have completed otir•review of the:proposed rczoiiing-;;of,par• el 33-((A))-93 from B.-3
to 0-2 and offer the following comments:
I . Refer to page 7 of the Impact:Analysis under Site Drainage:.Any subscqucnt site plans
should verify
thatflie existing,stonnwater'detention (acility�was;copstructed in
accordance wiili-'the,approved.plans.f'or parcel 33-((A))=92. Ili klditioii, the site plan
design should coil.fiinYthat-the exisiing detention f.i. iliiy will accogimod ate the proposed
development of [�Arcel 33=((A))-93.
2. Refer to page 8 gfthe ImI .. Analysis under Solid 'Waste Disposal:. 1-lle•ctirrent waste
load at the regional landfill lias-deci'eased to an midagez f 1'50',000 tons per year.
3. Refer to page 3 of.the Proffer Statement tinder paragraph•C: I Structural Development
Limitation: CorrecOlie parcel description to 33-((A))M.
I can be reached at 722=8214 if you should have any que'stioiis regai:diiig the above
comments.
Sincerely;
[ I,arvey E trawsi�yder, Jr., I C.
Director of.Pubtic Works
FIES/rls
cc: Planning and development
file
0 0
Rezoning Comments
Frederick County Sanitation Authority
Mail to:
Frederick County Sanitation Authority
Attn: Engineer
P.O. Box 1877
Winchester, Virginia, 22601
(540) 665-1061
Hand deliver to:
Frederick County Sanitation Authority
Attn: Engineer
315 Tasker Road
Stephens City, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Sanitation A Litllorlty with tllelI' review. Attach a copy of your application form, location neap,
proffer statement, impact analysis, and any other pertinent iiiforination.
Applicant's Name: Greenway Eneineerin-a Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane �% 77/4/" 1--YXljl rT
Winchester, VA 22602
Location of property: West side of Martinsburg Pike (U.S. Route 1 1)• approximately 2,000 feet
south of Interstate 81 Exit 323.
Current zo111,.II11� R3 with proffers Zoning requested: 133 & B2 with modified proffers
Acreage: 1.89 +/- aces
SanitatioIl Authority Comments:
1?.6 /S FBI Cl /q/
Sanatatlon Authority SlgnatLll'e & Date:
C f
`
I5G: �/
No>��e to.S, nitation Authority"—
Please Return This Form to the Applicant
Rezoning Comments
Frederick —Winchester Service Authority
]Mail to:
Fred -Wine Service Authority
Attm Jesse W. Moffett, Executive Director
P.O. Box 43
Winchester, Virginia 22604
(540) 722-3579
Hand deliver to:
Fred -Wine Service Authority
Attw Jesse W. Moffett
107 North Kent Street
Winchester, Vii-gliiia
AUG 2 0 2010
Applicant: Please fill out the information as accurately as possible in order to assist the
Frederick -Winchester Service Authority with their review. Attach a copy of your application
form, location map, proffer statement, and any otlier pertinent information.
Applicant's Name: Greenway Eiineering Telephone: 540-662-4185
Mailing Address: 1.51 Windy Hill Lane
Winchester, VA 22602
Location of properly: West side ol' Martinsbur9 Pike (U.S. Route I I); appl'oximately 2,000 feet
south of Interstate 81 Exit 323.
CUrrent zoning: B3 with pi'o1fei-s Zoning requested: B3 & B2 with modified pl'o1fe1's
Acreage: 1.89 +/- aces
Fred-Winc Service Authority's Comments:
Fred- Winc Service Authority's j
Signature & Date: �1'Z3li�
Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant
Rezoning Comments
Winchester Regional Airport
Mail to:
Winchester Regional Airport
Attu: Executive Director
491 Airport Road
Winchester, Virginia 22602
(.540) 662-2422
Hand deliver to:
Winchester Regional Airport
Attn: Executive Director
491 Airport Road
(Rt. 645, off of Rt. 522 South)
Winchester, V11-giiiia
Applicant: Please fill out the information as accurately as possible in order to assist the
Winchester Regional Airport with their review. Attacli a copy of your application form,
location map, proffer statement, impact analysis, and any otller pertinent information.
Applicant's Name: Greenway Engineering Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Wlnchestel-, VA 22602
Location of property: West side of Martinsburg Pike (U.S. IZoute 1 1)- approximately 2,000 feet
South of Interstate 81 Exit 323.
Current zoning: B3 with proffers Zoning requeste(I: B3 & B2 with modified proffers
Acreage: 1.89 +/- aces
Winchester Regional Airport's Comments:
-se -C (X-,�AT), 0V-1-e CSC
Winchester Regional Airport's
Signature & Date: , - Z� - C
Notice to Winchester Regional Airport - Please Return This Form to the Applicant
_
_ice
SERVING THE
1OP OF VIRGINIA /
August 25, 2010
WINCHESTER REGIONAL AIRPORT
Evan Wyatt
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
491 AIRPORT ROAD
WINCHESTER, VIRGINIA 22602
(540) 662-2422
Re: Rezoning Comment — B3 & B2 with modified proffers
Busy Beez Daycare
Stonewall Magisterial District
Dear Mr. Wyatt:
We have completed a review of the proposed Rezoning application and offer the following
comment.
The proposed rezoning should not impact operations of the Winchester Regional Airport
however because of the location of the property the owners should be advised that they
could experience flyover noise from medevac operations in transit through that corridor.
If you have any questions, please do not hesitate contacting me.
Thank you for your continued cooperation and consideration in ensuring safe and
continued operations of the Winchester Regional Airport.
Sincerely,
Serena R. Manuel
Executive Director
Untitled Stationery . •
Page 1 of 2
Evan Wyatt
From: Candice Perkins [cperkins@co.frederick.va.us]
Sent: Wednesday, August 25, 2010 12:54 PM
To: Evan Wyatt
Subject: RE: Tim and Margo Johnson Rezoning
HI Evan,
I have looked over the information you sent and a review by the HRAB is not necessary.
-Candice
Candice Perkins, AICP
Senior Planner
Frederick County Department of
Planning & Development
107 North Kent Street
Winchester, Virginia 22601
(540) 665-5651
(540) 665-6395 (fax)
cpgrkins@co.frederick.va.us
www.co.frederick.va.us
From: Evan Wyatt [mailto:ewyatt@greenwayeng.com]
Sent: Thursday, August 19, 2010 9:29 AM
To: Candice Perkins
Subject: Tim and Margo Johnson Rezoning
Hi Candice,
I am finalizing the rezoning application packets for agency review and hope to have them out today. I have attached our
exhibits for Zoning/Location and Historic Features for your review to advise me if we need to go to the HRAB. The Historic
Features Exhibit identifies Sarsaparilla Springs as the only feature in this area, which is identified as a potentially significant
structure. This is George Semples house and was considered when he rezoned his other property on the west side of the
railroad track; therefore, I am hoping that we do not need to go to the HRAB. George's house is located about 1/2 mile away
from the Johnson's property and is not visible from their site. Please let me know what you think and also let me know if you
will be the staff representative for this rezoning project.
Thanks, Evan
GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, VA 22602
Phone: 540-662-4185
Fax: 540-722-9528
Visit us on the \veb at NvNvw.greenwayeng.com to learn about exciting new services offered by Greenway
Engineering: Laboratory Services, Water Sewer, Maintenance / Monitoring, ESA Phase I, Wetlands and more.
,A Please consider the environment before printing this
8/25/2010
1 0
r,,-1,7N-GREENWAY ENGINEERING, tH�.
1 J 151 Windy I lill lane
Winchester, Virginia 22602
I
Founded in 1971
September 21, 2010
Frederick County Planning Department
Attn: Candice Perkins, Senior Planner
107 North Kent Street
Winchester, VA 22601
RE: Busy Bee? Rezoning Application - Review Agency Comment Response Letter
Dear Candice:
The purpose of this letter is to provide the Planning Commission and Board of
Supervisors with a comprehensive response to the various review agency comments
received for the Busy Beez Rezoning Application. Tlic following information provides a
summary of the agency comments and the Applicant's response to address these matters.
Review Agencies Recommending Approval:
VDOT: September 13, 2010 and September 21, 2010
FCSA: August 23, 2010
FIVSA: August 23, 2010
Fire Marshal: September 2, 2010
Building Official: August 30, 2010
HRAB: N/A August 25, 2010
1,11hichester Regional Airport: August 25, 2010
Frederick County Public Works (August 23, 2010 Comment)
Comment #I: The Site Plan should verify that the existing storm water management
facility was installed per plan and that this facility will accommodate the proposed
development.
Response: Agreed. This comment is acknowledged in the Impact Analysis Statement
under Site Drainage on page 7-8.
Comment #2: The Solid Waste Disposal calculation is incorrect.
Response: The Impact Analysis Statement has been revised under Solid Waste Disposal
on page 8 to reflect this comment.
Engineers Surveyors Planners linvironnunial scientists
Telephone 5,10-662-4185 FAX 5,10-722-9528
www.grecnwaycng.com
Project #2624 1 Agency Comment Response W, (et
E
•
Continent #3: The parcel reference in Section C(1) of the Proffer Statement is incorrect.
Response: Section C(1) of the Proffer Statement has been revised to reflect the correct
parcel reference.
Frederick County Attorney (September 7, 2010 Continent)
Continent #1: A separate signature page should be provided for Tim and Margo Johnson
and for Clear Brook Rentals, LLC.
Resy)onse: The Proffer Statement has been revised to provide for separate signature
pages to reflect the owner's of each properly.
Continent #2: The parcel reference in Section C(1) of the Proffer Statement is incorrect.
Response: Section C(1) of the Proffer Statement has been revised to reflect the correct
parcel reference.
Continent #3: The parcel reference in Section D is incorrect. Proffer Section D may not
be clear regarding the trigger for development due to the existing structure on parcel 33-
((A))-93. The monetary contribution is provided prior to issuance of an occupancy
permit instead of prior to the issuance of a building permit.
Response: Section D of the Proffer Statement has been revised to reflect the correct
parcel reference. Section D provides language that requires the monetary contribution to
be subject to any structural area that is developed subsequent to rezoning approval. The
Johnson's are attempting to provide additional revenue to the County for fire and rescue
services and desire to provide this monetary contribution prior to occupancy permit as
they have a significant amount of cost involved from entitlement through construction.
The impact to fire and rescue will not be realized until the issuance of occupancy permit;
therefore, the timing of this payment should not impact this service.
Frederick County Planning Department (September 2, 2010 Comment)
Continent #1: The need for additional right-of-way for future Martinsburg Pike
improvements should be addressed.
Response: The Johnson's have agreed to provide for a right-of-way dedication along
their property frontage that will provide up to a 10-foot width for future improvements to
Martinsburg Pike. VDOT has advised that the Current right-of-way width along this
frontage is 80 feet, and the aerial overview exhibit demonstrates that the majority of this
unimproved right-of-way lies on the east side of the current pavement section. Proffer
Section D(2) has been incorporated into the revised Proffer Statement to provide for this
Project H2624 2 Agency Comment Response Letter
right-of-way dedication following final design plan approval for the Martinsburg Pike
improvements to ensure that the correct amount of right-of-way is dedicated. The proffer
specifies that the Johnson's will not be required to expend money for plat preparation,
legal fees, or other matters relevant to this dedication. The September 21, 2010 VDOT
continent advised that the proposed right-of-way dedication proffer is acceptable.
Conunent #2: Proffer #4 from the 2001 Rezoning should be included in this Proffer
Statement.
Response: Proffer #4 from the 2001 identifies that signage, turn lanes, and widening
shall be installed as warranted and required by VDOT and that the owner agrees to pay
for said improvements. In September 2002, Tim Johnson received Site Plan approval for
the development of American Auto Body, which is still being operated on parcel 33-
((A))-92. This Site Plan provided for the design of a new VDOT commercial entrance
with a right turn and taper lane on Martinsburg Pike, as well as a significant drainage
structure within the Martinsburg Pike right-of-way. All of these improvements were
installed during the development of the American Auto Body facility at the owner's cost.
The Applicant's had an on -site meeting with VDOT to inspect these improvements prior
to the filing of the rezoning application for review agency comments. VDOT advised
that they would review the transportation impact information at that time to determine if
any additional measures were required. The September 13, 2010 VDOT comment
advises that the proposed proffer statement is adequate; therefore, there is not a need to
incorporate Proffer #4 from the 2001 Rezoning as all improvements are in place at this
time.
Comment #3- #6: Required Rezoning Application riling Information.
Response: All items identified in comments 3-6 have been provided.
Please Include this comment response letter as information In the Planning Commission
and Board of Supervisors agenda packets to ensure that the Applicant's desires are
communicated. Please contact me if you have any questions regarding the information in
this letter.
Sincerely,
Evan Wyatt, AIC
Greenway Engineering
Cc: Tim and Margo Johnson
Project 112624 3 Agency Comment Response Letter
0 •
IMPACT ANALYSIS STATEMENT
BUSY BEEZ DAYCARE REZONING
Frederick County, Virginia
Stonewall Magisterial District
Tax Parcel # 33-((A))-92 & 33-((A))-93
Aggregate Area of 1.89± acres
August 19, 2010
Revised September 21, 2010
Current Owners: Timothy W. Johnson
Mai -go D. Johnson
Clear Brook Rentals LLC (Timothy W. Johnson)
Contact Person: Evan A. Wyatt, AICP
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
0
Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning
Revised September 21, 2010
BUSY BEEZ DAYCARE REZONING
INTRODUCTION
This report has been prepared for the purpose of assessing the impact to Frederick County
by the proffered rezoning of a 1.89± acre parcel owned by Timothy W. Johnson and
Margo D. Johnson, identified as tax map parcels 33-((A))-92 and 33-((A))-93. Tax map
parcel 33-((A))-92 is owned by Clear Brook Rentals LLC (Timothy W. Johnson), is
currently zoned B-3, Industrial Transition District and is approximately 1.324± acres. Tax
map parcel 33-((A))-93 is owned by Timothy W. Johnson and Margo D. Johnson, is
currently zoned B-3, Industrial Transition District and is approximately 0.567± acres.
Both properties are conditionally zoned as described in Rezoning Application #05-01 and
are both currently developed. Tax map parcel 33-((A))-92 contains the American Auto
Body automotive repair facility, and tax map parcel 33-((A))-93 contains a church. The
Johnson's desire to modify the previous rezoning application to rezone tax map parcel
33-((A))-93 to B-2, Business General District to allow for the development of a new
daycare facility that will take the place of the existing church, and to modify the proffered
conditions for both properties to make this consistent with the current developed
conditions of the subject properties.
Basic Information:
Location:
Magisterial District:
Property ID Numbers
Current Zoning:
Current Use:
Proposed Zoning:
Total Rezoning Area:
Proposed Development:
West side of Martinsburg Pike (U.S. Route 11);
approximately 2,000 feet south of Interstate 81 Exit 323.
Stonewall District
33-((A))-92 & 33-((A))-93
B3, Industrial Transition District
Church and Automotive Repair Facilities
B-2, Business General District with proffers (33-((A))-93)
B-3, Industrial Transition District with revised proffers
(33-((A))-92)
1.89± acres
Busy Beez Daycare Facility (3,000 square feet maximum)
File #2624/EAW
Greenway Engineering August 19, 2010 I3usy Beez Daycare Rezoning
Revised September 21, 2010
CONIPREHENSIVE POLICY PLAN
Sewer and Water Service Area
The 1.89± acre subject property is currently located within the Sewer and Water Service
Area (SWSA). Therefore, the rezoning of this property for commercial land use is
appropriate based on current policy. The Johnson's propose to extend public water and
sewer service to the proposed daycare facility to ensure state standards are met for a
commercial daycare facility.
Northeast Land Use Plan
The 1.89± acre subject properties are a component of the Northeast Land Use Plan. The
current land use plan, as well as the proposed 2010 land use plan recommends the
development of business and commercial land uses along the Martinsburg Pike (U.S.
Route 11 North) corridor, which includes the subject properties. The current land use
plan identifies a developmentally sensitive area designation for the existing residential
properties that front along the east side of Martinsburg Pike across from the subject
properties; however, the proposed 2010 land use plan identifies these residential
properties for future business and commercial land use without the developmentally
sensitive area designation. The conversion of the church to the proposed daycare facility
is consistent with land uses that support surrounding residential land use; therefore, the
proposed project will not adversely impact the community or the existing residents within
this area. Additionally, the Applicants' Proffer Statement establishes a 3,000 square -feet
limitation on the size of the proposed day care facility; therefore, the scale and intensity
of this rezoning is consistent with the policies guiding future land use development
within this area of the County.
SUITABILITY OF THE SITE
Floodplains
The 1.89± acre subject properties are located on FEMA NFIP Map #510063-075 B. This
map, as well as the Frederick County GIS database delineates the vast majority of the
subject properties as being outside of the 100-year floodplain. Both mapping sources
identify a small portion of the subject properties as being located in the Duncan Run 100-
year floodplain area. The Applicant's have advised that there have never been any
floodwater impacts on the subject properties; therefore, the limits of the 100-year
floodplain may be inaccurate. Nonetheless, the developed portions of the subject
properties are located outside of the delineated 100-year floodplain area so there will be
Pile #2624/EAw 3
0
Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning
Revised September 21, 2010
no impacts to the floodplain area. (Please refer to the Environmental Features Map
Exhibit.)
Wetlands
The 1.89± acre subject properties do not contain wetland areas as demonstrated on the
National Wetlands Inventory (NWI) Map, as well as information from the Frederick
County GIS Database. No evidence of wetlands features and vegetation is present on the
property; therefore, the subject site is not impacted by wetland areas. (Please refer to the
Environmental Features Map Exhibit.)
Steep Slopes
The 1.89± acre subject properties are predominately level with slopes ranging from 2 to 7
percent; therefore, the subject properties are not impacted by areas of steep slope. (Please
refer to the Environmental Features Map Exhibit and the Soils Map Exhibit .)
Woodlands
The 1.89± acre subject properties do not contain woodland areas; therefore, there are no
impacts to this environmental feature. (Please refer to the Aerial Overview Exhibit).
Soil Types
The Soil Survey of Frederick County, published by the USDA Soil Conservation Service
was consulted to determine soil types contained in this tract. The subject properties
contain the following soil types:
16B — Frederick-Poplimento Silt Loam: 2-7% slope
32B — Oaklet Silt Loam: 2-7% slope
The Oaklet Silt Loam soil type located within the 1.89± acre subject properties is
classified as prime farmland soil. The soil type on this property is suitable for
commercial development and has moderate shrink -swell potential. The soil's
characteristics are similar to the soil type found on developed properties along the
Martinsburg Pike corridor; therefore, the soils associated with the subject properties will
not create problems with the development of the proposed daycare facility. (Please refer
to the Soils Map Exhibit .)
File #2624/EAw 4
0 0
Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning
Revised September 21, 2010
Other Environmental Features
The 1.89± acre subject properties do not contain areas of lakes, ponds or natural storm
water retention areas as defined by the Frederick County Zoning Ordinance. There are
no environmental features present that create development constraints for the existing or
proposed commercial land uses on these properties.
SURROUNDING PROPERTIES
Adjoining property zoning and present use:
North: Zoned RA, Rural Areas District Use: Unimproved
South: Zoned RA, Rural Areas District Use: Residential
East: Zoned: RA, Rural Areas District Use: Residential
West: Zoned: RA, Rural Areas District Use: Interstate 81
Zoned: B-3, Industrial Transition District Heavy Commercial
TRANSPORTATION
The 1.89± acre subject properties have fi•ontage along the west side of Martinsburg Pike
(U.S. Route 11) and are served by an existing commercial entrance and taper that was
approved by VDOT and Frederick County in September 2002. The commercial entrance
design also provides for a major drainage structure within the Martinsburg Pike right-of-
way, which was installed during the development of the American Auto Body facility
that is located on tax map parcel 33-((A))-92.
Greenway Engineering met with the Frederick County Transportation Planner to discuss
the proposed development plan and it was determined that a Traffic Impact Analysis
(TIA) study would not be required for this rezoning application. Additionally, Greenway
Engineering and the Applicants met with a VDOT representative on the project site to
discuss the project and review the existing commercial entrance and taper, as well as the
drainage structure to determine the adequacy of these improvements to serve the existing
automotive repair facility and the proposed daycare facility. The VDOT representative
felt that these improvements would be adequate for the proposed development and
advised that calculations would be reviewed during the Site Plan process to determine if
any additional improvements would be required.
The TIA utilizes traffic volumes from the 7"' Edition of the Institute of Traffic Engineers
(ITE) Trip Generation Report provides the following weekday AM and PM hour traffic
File #2624/EAw 5
Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning
Revised September 21, 2010
generator associated with the proposed development plan for the 1.89± acre subject
properties:
Automobile Care Center (942): AM Peak: 3.22/1,000 sq.ft. PM Peak: 4.01/1,000 sq.ft.
Daycare Center (565): AM Peak: 13.56/1,000 sq.ft. PM Peak: 13.91/1,000 sq.ft.
Therefore, the peak liour traffic impacts associated with this rezoning application are
projected as follows:
American Auto Body (4,200 sq.ft.): AM Peak: 13.52 VPD PM Peak: 18.84 VPD
Busy Beez Daycare (3,000 sq.ft.): AM Peak: 40.68 VPD PM Peak: 41.73 VPD
The proposed development plan for the 1.89± acre subject properties is projected to
generate 54.20 vehicle trips during the AM Peak Hour and 58.57 vehicle trips during the
PM Peak Hour. These projected traffic volumes are below the requirements for right turn
lanes and tapers on 2-lane highways and fall within the range for a taper on a 4-lane
highway. This segment of Martinsburg Pike is currently a 2-lane highway with a center
left turn lane. The 2009 VDOT Traffic Volumes for primary Roads identify this segment
of Martinsburg Pike with an average daily traffic volume of 4,500 trips. Therefore, the
existing commercial entrance and taper exceed current VDOT requirements and would
meet VDOT requirements should this segment of Martinsburg Pike become a 4-lane
segment in the future. The proposed rezoning application does not create a negative
impact to the transportation system.
SEWAGE CONVEYANCE AND TREATMENT
The 1.89± acre subject properties are located within the Route 11 North Sewer and Water
Service Area (SWSA). The Frederick County Sanitation Authority (FCSA) has
developed a 6-inch sewer force main to provide sewer transmission from this area of the
County to the Opequon Water Reclamation Facility (OWRF) located on Berryville Pike
(U.S. Route 7). The proposed day care facility will be connected to the public sewer
system through a pump situation that will access the 6-inch sewer force main located on
the east side of Martinsburg Pike directly across from the subject properties. The
Applicant's have proffered to limit the development of the proposed daycare facility to
3,000 square feet, which will allow for a maximum occupancy of 50 children and 7 staff
members based on state licensing requirements. As a comparable land use, The Virginia
Department of Health Sewage Handling and Disposal Regulations Manual identifies
schools without showers and with or without cafeterias as a sewage flow rate of 10
gallons per day (gpd) per person.
Q = 10 gallons/day/person
Q = 10 gpd x 57 persons (maximum)
Q = 570 gpd
File ##2624/EAw 6
Greenway Engineering August 19, 2010 0 Busy Beez Daycare Rezoning
Revised September 21, 2010
The proposed daycare facility is estimated to add 570 gallons per day to the public
sewage conveyance system and the Opequon Water Reclamation Facility (OWRF). The
design capacity of the treatment plant is 8.4 million gallons per day (MGD) during
summer months and 16.0 MGD during winter months. The expansion and upgrade of the
OWRF will increase the hydraulic capacity of the facility to a maximum 12.6 MGD,
which is anticipated to be operational this calendar year. Approximately 6.8 MGD of this
capacity is currently being utilized at the OWRF; therefore, the development of the
proposed daycare facility would require approximately 0.0003% of the available capacity
at this facility. This information demonstrates that the subject property can be developed
with adequate sewer service. (Please refer to the SWSA Water & Sewer Lines Map
Exhibit)
WATER SUPPLY
The 1.89± acre subject properties are located within the Route 11 North Sewer and Water
Service Area. (SWSA). The Frederick County Sanitation Authority (FCSA) has
developed a 12-inch water transmission line that was adequately sized to provide for
transmission and pressure needed to serve land uses within the Route 11 North Sewer and
Water Service Area. The proposed day care facility will be connected to the public water
system through a tap that will access the 12-inch water transmission line located on the
east side of Martinsburg Pike directly across from the subject properties. The Applicant's
have proffered to limit the development of the proposed daycare facility to 3,000 square
feet, which will allow for a maximum occupancy of 50 children and 7 staff members
based on state licensing requirements. It is anticipated that the potable water demand for
the proposed daycare facility will be 20% greater than the sewage demands identified in
the previous section.
Q = 12 gallons/day/person
Q = 12 gpd x 57 persons (maximum)
Q = 684 gpd
The proposed daycare facility is estimated to require 684 gallons of potable water per day
from the public water system. The Northern Water Treatment Plant provides 2.0 million
gallons per day of potable water from the former Global Chemstone Quarry as one of the
water sources contributing to the public water system within the Route 11 North Sewer
and Water Service Area. The projected water usage for the build -out of the subject
Property would require approximately 0.0003% of the capacity at this facility; therefore,
this information demonstrates that adequate water capacity is available for the proposed
daycare facility. (Please refer to the SWSA Water & Sewer Lines Map Exhibit)
File #2624/EAw 7
0
Greenway Engineering
SITE DRAINAGE
August 19, 2010 0 Busy Beez Daycare Rezoning
Revised September 21, 2010
The 1.89± acre subject properties have very little topographic relief and have been
designed and developed to direct storm water towards the central portion of the subject
properties to a storm water management facility. Storm water is collected into the
existing storm water management facility and is then piped to a drainage structure within
the VDOT right-of-way. The development of the proposed daycare facility and required
parking area is not anticipated to significantly increase the impervious surface area of the
subject properties; therefore, the existing storm water management facility should be
adequate to accommodate the demands of this site. A Site Plan will be prepared and
submitted for review and approval by the County Engineer prior to any new development
activity on the subject properties, which will allow for the analysis of the existing storm
water management facility to ensure that there are no negative impacts to surrounding
properties.
SOLID WASTE DISPOSAL
The impact on solid waste disposal facilities can be projected from an average annual
commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil
Engineering Reference Manual, 4`I' Edition). The following figures show the increase in
the average annual volume based on an additional maximum development of a 3,000
square feet daycare facility:
AVV = 5.4 cu. Yd. Per 1,000 sq. ft. commercial
AAV = 5.4 cu. Yd. x 3.0
AAV = 16.2 cu. Yd. at build out, or 11.3 tons at build out
The Municipal Solid Waste area of the regional Landfill has a current remaining capacity
of 13,100,000 cubic yards of air space. The maximum development of the daycare
facility will generate approximately 11.3 tons of solid waste annually on average. This
represents a 0.007% increase in the annual solid waste received by the Municipal Solid
Waste area of the Regional Landfill, which currently average 150,000 tons per year;
therefore, this information demonstrates that the Regional Landfill has adequate capacity
to accommodate the solid waste impacts associated with this proposal. Solid waste
produced by the proposed daycare facility will be routed to the Regional Landfill by a
commercial waste hauler; therefore, the County will receive tipping fees associated with
this land use to mitigate this impact.
HISTORICAL SITES AND STRUCTURES
The 1.89± acre subject properties do not contain structures deemed to be historically
significant, nor are there potentially significant structures adjacent to the subject property.
File t12624/EAW 8
GreenwaY Engineering gineering0 August 19, 2010 6 Busy Beez Daycare Rezoning
Revised September 21, 2010
Additionally, the subject properties are not located within defined battlefield areas or
potential historic districts as demonstrated in the National Park Service Study of Civil
War Sites in the Shenandoah Valley and the Frederick County Comprehensive Policy
Plan.
The Frederick County Rural Landmarks Survey identifies Saspirilla Springs (#34-156)
approximately'/2 mile east of the subject properties as a potentially significant structure;
however, this structure is not deemed to be eligible for the state or national registers.
Saspirilla Springs is located on the east side of the railroad tracks and is adjacent to
properties that are currently zoned M-1, Light Industrial District. This structure is not
visible from the subject properties; therefore, the development of the subject properties
will not negatively impact this structure or it's viewshed. (Please refer to the Historic
Features Map Exhibit)
OTHER IMPACTS
The rezoning and development of the 1.89± acre subject property is not anticipated to
negatively impact public services and will provide economic development revenue that
will benefit the County, as well as child daycare service to this geographic area of the
County. However, the Applicants' proffer statement provides a monetary contribution to
Frederick County for general fire and rescue services to further mitigate impacts
associated with this project. No additional impacts to County capital facilities or services
are anticipated by this proposal.
File #2624/EAw 9
' g�(860PG 1411.
DESCRIPTION OF THE LANDS OF NI.CHTAS MATHEWS, CHARLES LEWIS .
AND PAULME LEWIS, TRUSTEES FOR LOCAL LODGE NO.2335 OF
INTERNATIONAL AS.SOCIATION.OF MACHINISTS
AND AEROSPACE WORKERS UNION
The tracts of land stwwn on the attached drawl .M located
on the West side
Magisterial District. U Frederick. Route no. I t
and on'the East side of Interstate Route no ,
County. Ytrpnia, trip bounded as follows:
Tax Map 33, Tract 92 ((A)) .
g si (1) an Iron pes ad in the Wddern Une of U.S. Route no: 1l, a corner to sec.
W n
Ind to the 0.5674 acre trsrct; thence with the 0.5674 acre trad N SO deg. 07 Hn. .sec. W
M.52-fvo to (2) as iron peg ad; th Ace o �' �0 O'S674 acre trail and with Cooke
S 19 deg. 17 mbL 30 iec. W 175.00 fbd to (3)'an iron peg sd is the fine of Orndorft', thence with
OrndorffN i0 deg. 07 rain: 00 W W 293•23 � to (4) as iron peg tot in the Eastern line of
Intestate Route M. S 1; t with the Eastern 5ne of Interstate Route no. E 1 thane with
N 26 deg 23 min 26 tee B 216.66 tbet to (5) an iron peg set, a corner to DcIUV n;
Delisveo S 76 deb 15 aria 05 ua E 512.19 feet to the point of beginning, containing
1.3242 aerns, MOM or lest.
Tait Map 33, Tract 93 ((A))
Big at (1) an iron peg ad in the Western 5ne of U.S. Route no. I1; a corner to DcHaven
w�Rb the WOM . fine of p- Route no. 11
and to the 1.3242 acre tix4 thence � trot � �� �� to Cooke; thence with
S 19 deb. 11 mk 30 iec 'W.100.00 feet to (� found in the line of the
Cooke N =o bog, 07, min. 00 tee. W 250.52 feet to (7) � Peg two d
1.3242 sae track tha�oe w� the 1.3242 acre tradYa fire S 80 deg 07 min 00 sec. E
N 19 d4 17 mim 30 tee E ]00 fed >n (2) sa m0 5Peg6774 u mobs or ksL
250.52 beet to the Poid of biii g 6 '
DUNN LAND SURVEYS, INC.'
SURVEY N0. 207 BERRYN7LLE, VIRGINIA
%wET N0. 2 OF 2 RINE 6,.1996
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TIES DEED, made and dated this 19th 6y of August, 1999, by and between JOHN F.
BOWlEM married, and PATRICIA P- B()WIFRS, marred, .mother of the male grantor, parties of
the: -first part, hereirmfier called the Grantors; and TIMOTHY W, JOHNSON, party of the second
pA Weinafler called the Grantee.
YATNESSETH: That for and in consideration of the sum of Ten Dollars (S 10.00), ash in
hand paid and other good and valuable consideration, re o6p( wtw.eof is hereby acknowledged, the
Chwtors do grant and convey, with Getwal Warranty and with English CovaWAS of T* unto the
CTr&mM in fee simple sbsohrte, 9 of the following realty:
• AD of&gw certain W or parcels of land, ogether with all rights, rights of 'Way,
pavoeM knprovcrnc:n:s thereon and the appurtenances thereunto belongM
VV and being jwwe along the Westcm side of the Ma *L4xul Pike, U.S.
Highway No. 11, in Stonewall Magisterial M=4 Frederick County, designated
as Lot 92, containing 1,3242 acres, rind Lot 93, c6ttaiaing 0.5674.acres, as
shown on that cauin plat and survey of W. Stuart Dunn,.LS, dated June 6.
1996, of record in the office of the Clerk orthe Coca Court of Fredvick
County, Vrgi* in Deed Book 960 at Pap 1476; AND BEING the same
property conveyed to the Grantors herein by Deed dated June 17, 1996, of
-
record in the aforesaid Cleric's Offioe in Deed Bo6k 960 at Page 1473.
Refer = is here made to the a6resaW injorurnents, the atsamem thereto and the
references therein comained for a further and more parWA ar description Of the Pm" hmxhY
QDVV�*..
This cmwyuxe is mule wbjw to all legally enfbrCea c restrictive covamm and.
awnwu of record affecting the affirewd realty
wrrNzs s the fbaaw ggratura mrAl
14, WN (SEAL)
" ., P #
N.Cl
76,4Wco" p JOHN EBOWERS
,
Cie (SEAL.)
R. BOWERS
STATE OF V %VIRGINIX'1,C�7AR-i m \)- ` . I .
V"
crry OF WINCHESTEt-W4Vd?l-%
L Mae*_ Mjjyh_ a Nomy Public in and for the State and juriscladion.
akce%K do hereby wi* that JOHN E. BOWERS and PATRICIA R. BOWERS, whose names we
signed to the fbre4oing Deed, bemiring dare of tho Ifth day of Aqplt, 1999, have this day personally
appeared befon me and acknowledged the wm In MY State and )xWktlOn &%muW-
,r ,
Givenursdai yh&ndthlsjgLjAdayof August.
Y ucl
MY commission expire' -*V)l
A4
�C-n
7563-7681
EBY/cmj
0G00015?5
THIS DEED OF GIFT, made and dated this day of January, 2006 by and
between TIMOTHY W. JOHNSON. hereinafter called the Grantor, and TIMOTHY W.
JOHNSON and MARGO D. JOHNSON, husband and wife, hereinafter called the
Grantees.
WITNESSETH: That for and in consideration of love and affection, the Grantor does
grant and convey, with General Warranty and with English Covenants of Title, unto the
Grantees, as tenants by the entirety in fee simple, with survivorship as at common law,
together with all rights, rights of way, privileges, improvements thereon and appurtenances
thereto belonging, all of the following realty:
All of those lots or parcels of land, together with all rights, rights of way,
privileges, improvements thereon and the appurtenances thereunto belonging,
lying and being situate along the Western side of the Martinsburg Pike, U.S.
Highway No. 11, in Stonewall Magisterial District, Frederick County, Virginia,
designated as Lot 92, containing 1.3242 acres and Lot 93, containing 0.5674
acres, as shown on that certain plat and survey of W. Stuart Dunn, L.S., dated
June 6, 1996 of record in the Office of the Clerk of the Circuit Court of
Frederick County, Virginia, in Deed Book 860, at Page 1476. AND BEING the
same property conveyed to Timothy W. Johnson by Deed from John E. Bowers
and Patricia R. Bowers, husband and wife, dated August 19, 1999 of record in
the aforesaid Clerk's Office in Deed Book 945, at Page 522, Reference is
hereby made to the aforesaid instruments for a more particular description of the
property herein conveyed.
This conveyance is made subject to all legally enforceable restrictive covenants and
easements of record affecting the aforesaid realty.
The Grantor does hereby covenant that he has the right to convey to the Grantees; that
the Grantees shall have quiet and peaceable possession of the said property, free from all liens
and encumbrances; and he will grant such further assurances of title as may be requisite.
C)
C'
W
M
WITNESS the following signature an seal:
STATE OF VIRGINIA
CITY/COUNTY OF �tl�u �h , To -wit:
I, Q11n..J, fLh j1 j/r— a Notary Public in and for the State and
jurisdiction aforesaid, do hereby certify that Timothy W. Johnson, whose name is signed to the
foregoing Deed of Gift, dated this �+4' day of January, 2006 has personally appeared
before me and acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this -aLj±�'L of January, 2006.
My commission expires: 31. aorg
11V'., _9
V1RU1NIAs FREDOUCK OOUNTY, SCr.
Ibis urArufnent of writing w" pmduood t,o'ne a,
and vnth ccrtifieate df ae a"Iedgcment thereto annexed
W" o"tttxl it) ocord. T Itupoeed by Sec. 58.1.802 of
lad ".1.9M have been paid, If a ewa&ble
C1\MiDX5,oceos,3ohn... ti—thy.doq.rpd •._��� �^
7677-164
EBY/Cmj
100001314
THIS DEED, made and dated this /"N)day of February 2010 by and between
TIMOTHY WILLIAM JOHNSON and MARGO D. JOHNSON, husband and wife,
called the Grantors, and CLEAR BROOK RENTALS, LLC, a Virginia Limited
b II Liability Company, hereinafter called the Grantee.
WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash
,I I in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the
Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto
the Grantee, in fee simple, together with all rights, rights of way, privileges improvements
thereon and appurtenances thereto belonging, all of the following realty:
All of that certain lot or parcel of land, together with all rights, rights of way,
privileges, improvements thereon and the appurtenances thereunto belonging,
lying and being situate along the Western side of the Martinsburg Pike, U.S.
Highway No. 11, in Stonewall Magisterial District, Frederick County, Virginia,
designated as Lot 93, containing 0.5674 acres, as shown on that certain plat and
survey of W. Stuart Dunn, L.S., dated June 6, 1996 of record in the Office of the
Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 860, at
Page 1476. AND BEING a portion of the property conveyed to Timothy W.
Johnson and Margo D. Johnson, husband and wife, by Deed of Gift from Timothy
W. Johnson, dated January 24, 2006 of record in the aforesaid Clerk's Office as
Instrument Number 060001525. Reference is hereby made to the aforesaid
instruments for a more particular description of the property herein conveyed.
Tlris conveyance is made subject to all legally enforceable restrictive covenants and
easements of record affecting the aforesaid realty.
The Grantors do hereby covenant that they have the right to convey to the Grantee; that
the Grantee shall have quiet and peaceable possession of the said property, free from all liens and
encumbrances; and they will grant such further assurances of title as may be requisite.
.. L.
• 0
0
w
WITNESS the following signature and seal:
(SEAL)
OTHY W. JO ON
Ni APAI . (SEAL)
MAI O . JO IN ON
STATE OF VIRGINIA
CITY/C•GU1+TY OF )i;i,jLP,d,&A , To -wit:
The foregoing instrument was acknowledged before me this of February
2010 by Timothy W. Johnson and Margo D. Johnson.
Notary U6 Iic
My Commission Expires:
Notary Registration #: '7i /I 6`7
�+ E C.10
VI RGINIA: FREDERICK COUNTY.SCT.
J�pJI
,' c; ' raoTARv' • Xy
This instrument of writing was produced to me on
P
` = : PUBLIC: a y
REG. #7010794
MY COMMISSION .
EXPIRI's
at
and with certificate acknowledgement thereto annexed
' ?p ; •..•F�'�;
was admitted to record. Tax imposed by Sec. 58.1-802 of
rg1TH
S.F X�►�1, 58.1-801 have
Nnun++
and been paid, if assessable.
Clerk
ListTickets
COUNTY OF FREPRICK Real. Estate Taxes fol-•x Year 2010
Page 1 of l
Name: JOHNSON TIMOTHY W
Map#: 33 A 92
Tax
Dept
Ticket
#
Seq
#
13i11 Date
Dese
"fax Amount Paid
RE2010
19139
1
6/5/2010
1.33 ACRES
$691.56
I
Tlris amount represents payments applied during calendar year 2010 and does
not include Penalty, Interest or Credit Crud Fees.
https://taxes.co. frederic
Total - $691.56
Previous
ListTickets
COUNTY OF FREDSTRICK Real. Estate Tuxes for A Year 2010
Page 1 of 1
Name: CLEAR BROOK RENTALS LLC
Map#: 33 A 93
Tax
Dept
Ticket
#
Sul
#
13i11 Date
Desc
Tax Amount Paid
RE2010
19140
1
6/5/2010
.56 ACRE
$387.60
I
This amount represents payments applied during calendar year 2010 and does
not include Penalty, Interest or Credit Card Fees.
Total - $387.60
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littps:Htaxes.co.fi-ederiek.va.us/Applications/ReprintREtax/LisLTickets.asl)x
9/24/2010
ILI
SEP 8 2010 '
September 7, 2010
VIA FACSIMILE — (540) 772-9528 — AND REGULAR MAIL
Mr. Evan Wyatt
Greenway Engineering
151 Windy Hill Lane
Winchester VA 22602
COUNry of FADE ICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mail:
rwillia@co.frederick.va.us
Re: Busy Beez — Route 11 North (4489 & 4491 Martinsburg Pike) — Proposed
Rezoning — Proposed Proffer Statement dated August 19, 2010
Dear Evan:
You have submitted to Frederick County for review the above -referenced
proposed proffer statement dated August 19, 2010 (the "Proffer Statement") for the
proposed rezoning of 1.89± acres constituting the property of Timothy W. Johnson and
Margo D. Johnson (the "Johnsons"), Parcel Identification Number 33-A-92 (4491
Martinsburg Pike), and Clear Brook Rentals LLC, Parcel Identification Number 33-A-93
(4489 Martinsburg Pike), in the Stonewall Magisterial District, from the B3 (Industrial
Transition) District, with proffers to the B3 (Industrial Transition) District and B2
(Business General) District, both with revised 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:
1. As the introductory portions of the Proffer Statement acknowledge, Parcel
Identification Number 33-A-93 is owned by Clear Brook Rentals LLC.
Accordingly, both the rezoning application and the Proffer Statement should
have a separate signature block for that entity, in addition to the signature
blocks for the Johnsons for Parcel Identification Number 33-A-92. Assuming
he has the authority to do so, Mr. Johnson might be able to sign in the separate
signature block for Clear Brook Rentals LLC, but that signature block should
also indicate Mr. Johnson's (or such other signatory's) capacity on behalf of
Clear Brook Rentals LLC.
107 North Kent Street • Winchester, Virginia 22601
Mr. Evan Wyatt
September 7, 2010
Page 2
2. Proffer C — In light of the references contained in the Application and in the
Impact Analysis Statement accompanying the Application, it appears that the
reference in Proffer C for the structural area square footage limitation should
be to parcel 33-A-93, and not to parcel 33-A-92.
3. Proffer D — First, in light of the references contained in the Application and in
the Impact Analysis Statement accompanying the Application, it appears that
the reference in Proffer D for the monetary contribution should be to parcel
33-A-93, and not to parcel 33-A-92. In addition, Proffer D may not
necessarily be clear regarding what constitutes "development" for purposes of
triggering the contribution, especially given that the site already contains an
existing structure. Finally, staff should be aware that Proffer D only requires
the contribution upon issuance of an occupancy permit, and not a building
permit, to the extent that either would necessarily be required for the existing
structure. The recently enacted Virginia Code § 15.2-2303.1:1, which makes
certain changes to the timing of cash proffer payments, applies only to
residential construction.
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.
A
illiams
County Attorney
cc: Candice E. Perkins, AICP, Senior Planner
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAY: 540/ 665-6395
September 2, 2010
Mr. Evan Wyatt
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Proposed Rezoning of the Timothy W. Johnson and Margo D. Johnson Property
Property Identification Number (PIN): 33-A-92, 33-A-93
Dear Evan:
I have had the opportunity to review the draft rezoning application for the Johnson Property.
This application seeks to rezone 1.89 acres of land from the B3 (Industrial Transition)
District to the B2 (Business General) District. Staff's review comments are listed below for
your consideration.
1. Martinsburg Pike Improvements. As indicated in the Frederick County Eastern
Road Plan, Martinsburg Pike is identified as an improved minor arterial road (U4D).
With this rezoning application, the need for additional Route 11 R-O-W should be
addressed.
2. Proffers. Proffer 44 from the 2001 rezoning should be included in the revised
rezoning proffer statement.
3. Agency Comments. Please provide appropriate agency comments from the
following agencies: Virginia Department of Transportation. The proposed proffers
have been forwarded by staff to the Frederick County Attorney. Once attorney
comments are received by the Planning Department, they will be forwarded to your
office. Attorney comments are required for acceptance of the rezoning application.
4. Special Limited Power of Attorney. Provide a Power of Attorney for the property
owners.
5. Plat of the Property and Verification of Taxes Paid. A plat of the property needs to be
included with the application that identifies the limits of the property, as well as, the
proposed zoning boundaries needs to be included along with verification that property
taxes have been paid.
6. Fees. The fee for this application includes a $5,000.00 base fee plus $100.00 per
acre, and a $50.00 public hearing sign fee. This is based on fees as of May 1, 2008.
Fees may change.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Page 2
Mr. Evan Wyatt
RE: Johnson Property Rezoning
September 2, 2010
All of the above comments and reviewing agency comments should be appropriately
addressed before staff can accept this rezoning application. Please feel free to contact me
with questions regarding this application.
Sincerely,
Candice E. Perkins, AICP
Senior Planner
CEP/dlw
Greenway Engineering
0
August 19, 2010
Busy Beez Daycare Rezoning
PROFFER STATEMENT
REZONING: RZ#
Industrial Transition District (133) with Proffers to Industrial
Transition District (133) and Business General District (132) with
Revised Proffers
PROPERTY: 1.89 acres +/-; �/ I �;�
Tax Parcels #33-((A))-92 & 33-((A))-93 6,2e 1- �'J
vjpu
RECORD OWNER: Timothy W. Johnson & Margo D. Johnson (TM# 33-A-92)
Clear Brook Rentals, LLC (Timothy W. Johnson) (TM# 33-A-93)
APPLICANT: Timothy W. Johnson & Margo D. Johnson (here -in after "the
Applicant")
PROJECT NAME: Busy Beez Daycarc Rezoning
ORIGINAL DATE
OF PROFFERS:
REVISION DATE:
Preliminary Matters
May 9, 2001
August 19, 2010
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 Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #
for the rezoning of 1.89± acres from the Industrial Transition (133) District with Proffers
to the Industrial Transition (133) District and Business General (132) District with Revised
Proffers, 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 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 Applicant and their legal successors, heirs, or assigns. These proffers are a
conditional zoning amendment to Rezoning #05-01 of Timothy W. Johnson, approved by
the Frederick County Board of Supervisors on September 12, 2001.
The subject properties are more particularly described as the land owned by Clear Brook
Rentals, LLC being all of Tax Map Parcel 33-((A))-93 and further described by
Instrument No. 100001314, and the land owned by Timothy W. Johnson & Margo D.
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Greenway Engineering August 19, 2010 Busy facer Daycare Rezoning
Johnson being all of Tax Map Parcel 33-((A))-92 and further described by InSirument No.
060001525, and are further described] by the Boundary Survey Plat prepared by W. Stuart
Dunn, L.S., dated June 6, 1996 and recorded as Deed Book 860 Page 1476 (see attached
Boundary Survey Plat).
PROFFERED CONDITIONS
A.) Allowed Uses
1.) The following land uses shall be permitted within the B-3, Industrial Transition
District on tax map parcel 33-((A))-92:
➢ SIC 15, 16 & 17 — Office and storage facilities for building construction
contractors, heavy construction contractors and special trade contractors.
J ➢ SIC 48 — Comnnlnication facilities and offices, including telephone,
telegraph, radio, television and other communications.
J➢ SIC 73 — Business services.
J➢ SIC 75 — Automotive repair, services and parking.
SIC 76 — Miscellaneous repair services.
SIC 861 — Business Associations.
Self-service storage facilities (No SIC).
Public buildings (No SIC).
Public utility distribution facilities (No SIC).
All other land uses within the B-3, Industrial Transition District shall not be permitted on
v� tax map parcel 33-((A))-92 unless approved through a subsequent conclitional zoning
amendment.
2.) The following land uses shall be permitted withiI] the B-2, Business General
District on tax map parcel 33-((A))-93:
➢ SIC 48 — Communication facilities and offices, including telephone,
telegraph, radio, television and other communications.
➢ SIC 73 — Business services.
➢ SIC 76 — Miscellaneous repair services.
(:�IC 8351 — Child clay -care facilities.
➢ SIC 861 — Business Associations.
C��/ ➢ Self-service storage facilities (No SIC).
U ➢ Public buildings (No SIC).
➢ Public utility distribution facilities (No SIC).
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• Greenway Engineering • August 19, 2010 Busy Beez Daycare Rezoning
All other land uses within the B-2, Business General District shall not be permitted on tax
map parcel 33-((A))-93 unless approved through a subsequent conditional zoning
amendment.
B.) Access Management
1.) Tax map parcels 33-((A))-92 and 33-((A))-93 shall be served by the existing
commercial entrance on Martinsburg Pike (U.S. Route 11).
C.) Structural Development Limitation
1.) Tax map parcel 33-((A))-92 shall be limited to a maximum structural area of 3,000
square feet for all land uses, exclusive of self-service storage facilities, identified in
Section A(2) of the proffer statement.
D.) Monetary Contribution to Offset Impact of Development
The undersigned owner of the above -described property hereby voluntarily proffers
that in the event rezoning application # is approved, the undersigned will pay to
the Treasurer of Frederick County, Virginia $0.10 per square footage of structural area
developed subsequent to approval of this rezoning application. This monetary
contribution is intended to offset impacts to fire and rescue services and will be paid
prior to issuance of an occupancy permit for the first land use constructed on tax map
parcel33-((A))-92. J
J ?>
Please refer to Page 4 of the Proffer Statement for Notarized Owner Signatures
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Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning
E.) Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicant 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.
Respectfully Submitted:
B y:
B y:
Timothy W. Johnson
Margo D. Johnson
Commonwealth of Virginia,
City/County of To Wit:
The foregoing instrument was acknowledged before me this clay of
20_ by
Notary Public
My Commission Expires
Date
Date
File #2624/EAW
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IMPACT ANALYSIS STATEMENT
BUSY BEEZ DAYCARE REZONING
Frederick County, Virginia
Stonewall Magisterial District
Tax Parcel # 33-((A))-92 & 33-((A))-93
Aggregate Area of 1.89± acres
August 19, 2010
Current Owner: Timothy W. Johnson
Margo I). Johnson
Contact Person: Evan A. Wyatt, AICP
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
Greenway Engineering
40
August 19, 2010 Busy I3eez Daycare Rezoning
BUSY BEEZ DAYCARE REZONING
INTRODUCTION
This report has been prepared for the purpose of assessing the impact to Frederick County
by the proffered rezoning of a 1.89± acre parcel owned by Timothy W. Johnson and
Margo D. Johnson, identified as tax map parcels 33-((A))-92 and 33-((A))-93. Tax map
parcel 33-((A))-92 is currently zoned B-3, Industrial Transition District and is
approximately 1.324± acres. Tax map parcel 33-((A))-93 is currently zoned B-3,
111C1UStrial Transition District and is approximately 0.567± acres. Both properties are
conditionally zoned as described in Rezoning Application #05-01 and are both currently
developed. Tax map parcel 33-((A))-92 contains the American Auto Body automotive
repair facility, and tax map parcel 33-((A))-93 contains a church. The Johnson's desire to
modify the previous rezoning application to rezone tax map parcel 33-((A))-93 to B-2,
Business General District to allow for the development of a new daycare facility that will
take the place of the existing church, and to modify the proffered conditions for both
properties to make this consistent with the current developed conditions of the subject
properties.
Basic Information:
Location: West side of Martinsburg Pike (U.S. Route 11);
approximately 2,000 feet south of Interstate 81 Exit 323.
Magisterial District: Stonewall District
Property ID Numbers: 33-((A))-92 & 33-((A))-93
Current Zoning: B3, Industrial Transition District
Current Use: Church and Automotive Repair Facilities
Proposed Zoning: B-2, Business General District with proffers (33-((A))-93)
B-3, Industrial Transition District with revised proffers
(33-((A))-92)
Total Rezoning Area
Proposed Development:
1.89± acres
Busy Beez Daycare Facility (3,000 square feet maximum)
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Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning
COMPREHENSIVE POLICY PLAN
Sewer and Water Service Area
The 1.89± acre subject property is currently located within the Sewer and Water Service
Area (SWSA). Therefore, the rezoning of this property for commercial land use is
appropriate based on current policy. The Johnson's propose to extend public water and
sewer service to the proposed daycare facility to ensure state standards are met for a
commercial daycare facility.
Northeast Land Use Plan
The 1.89± acre subject properties are a component of the Northeast Land Use Plan. The
Cll1'1'ent land use plan, as well as the proposed 2010 land use plan recommends the
development of business and commercial land uses along the Martinsburg Pike (U.S.
Route 11 North) corridor, which includes the subject properties. The current land use
plan identifies a developmentally sensitive area designation for the existing residential
properties that front along the east side of Martinsburg Pike across from the subject
properties; however, the proposed 2010 land use plan identifies these residential
properties for future business and commercial land use without the developmentally
sensitive area designation. The conversion of the church to the proposed daycare facility
is consistent with land uses that support surrounding residential lane] use; therefore, the
proposed project will not adversely impact the community or the existing residents within
this area. Additionally, the Applicants' Proffer Statement establishes a 3,000 square -feet
limitation on the size of the proposed day care facility; therefore, the scale and intensity
of this rezoning is consistent with the policies guiding future land use development
within this area of the County.
SUITABILITY Or THE SITE
Floodplains
The 1.89± acre subject properties are located on FEMA NFIP Map #510063-075 B. This
map, as well as the Frederick County GIS database delineates the vast majority of the
subject properties as being outside of the 100-year floodplain. Both mapping sources
identify a small portion of the subject properties as being located in the Duncan Run 100-
year floodplain area. The Applicant's have advised that there have never been any
floodwater impacts on the subject properties; therefore, the limits of the 100-year
floodplain may be inaccurate. Nonetheless, the devcloped portions of the subject
properties are located outside of the delineated 100-year floodplain area so there will be
no impacts to the floodplain area. (Please refer to the Environmental Features Map
Exhibit.)
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Greenway Engineering August 19, 2010 Busy 13ecz Daycare Rezoning
Wetlands
The 1.89± acre subject properties do not contain wetland areas as demonstrated on the
National Wetlands Inventory (NWI) Map, as well as information from the Frederick
County GIS Database. No evidence of wetlands features and vegetation is present on the
property; therefore, the subject site is not impacted by wetland areas. (Please refer to the
Environmental Features Map Exhibit.)
Steep Slopes
The 1.89± acre subject properties are predominately level with slopes ranging from 2 to 7
percent; therefore, the subject properties are not impacted by areas of steep slope. (Please
refer to the Environmental Features Map Exhibit and the Soils Map Exhibit .)
Woodlands
The 1.89± acre subject properties do not contain woodland areas; therefore, there are no
impacts to this environmental feature. (Please refer to the Aerial Overview Exhibit).
Soil Types
The Soil Survey of Frederick County, published by the USDA Soil Conservation Service
was consulted to determine soil types contained in this tract. The subject properties
contain the following soil types:
16B — Frederick-Poplimento Silt Loam: 2-7% slope
32B — Oaklet Silt Loam: 2-7% slope
The Oaklet Silt Loam soil type located within the 1.89± acre subject properties is
classified as prime farmland soil. The soil type on this property is suitable for
commercial development and has moderate shrink -swell potential. The soil's
characteristics are similar to the soil type found on developed properties along the
Martinsburg Pike corridor; therefore, the soils associated with the subject properties will
not create problems with the development of the proposed daycare facility. (Please refer
to the Soils Map Exhibit .)
Other Environmental Features
The 1.89± acre subject properties do not contain areas of' lakes, ponds or natural storm
water retention areas as defined by the Frederick County Zoning Ordinance. There are
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Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning
no environmental features present that create development constraints for the existing or
proposed commercial land uses on these properties.
SURROUNDING PROPERTIES
Adjoining property zoning and present use:
North: Zoned RA, Rural Areas District Use: Unimproved
South: Zoned RA, Rural Areas District Use: Residential
East: Zoned: RA, Rural Areas District Use: Residential
West: Zoned: RA, Rural Areas District Use: Interstate 81
Zoned: B-3, Industrial Transition District Heavy Commercial
TRANSPORTATION
The 1.89± acre subject properties have frontage along the west side of Martinsburg Pike
(U.S. Route 11) and are served by an existing commercial entrance and taper that was
approved by VDOT and Frederick County in September 2002. The commercial entrance
design also provides for a major drainage structure within the Martinsburg Pike right-of-
way, which was installed during the development of' the American Auto Body facility
that is located on tax map parcel 33-((A))-92.
Greenway Engineering met with the Frederick County Transportation Planner to discuss
the proposed development plan and it was determined that a Traffic Impact Analysis
(TIA) study would not be required for this rezoning application. Additionally, Greenway
Engineering and the Applicants met with a VDOT representative on the project site to
discuss the project and review the existing commercial entrance and taper, as well as the
drainage structure to determine the adequacy of these improvements to serve the existing
automotive repair facility and the proposed claycare facility. The VDOT representative
felt that these improvements would be adequate for the proposed development and
advised that calculations would be reviewed during the Sitc Plan process to determine if
any additional improvements would be required.
The TIA utilizes traffic volumes from the 7`t' Edition of the Institute of Traffic Engineers
(ITE) Trip Generation Report provides the following weekday AM and PM hour traffic
generator associated with the proposed development plan for the 1.89± acre subject
properties:
Automobile Care Center (942): AM Peak: 3.22/1,000 sq.ft. PM Peak: 4.01/1,000 sq.ft.
Daycare Center (565): AM Peak: 13.56/1,000 sq.ft. PM Peak: 13.91/1,000 sq.ft.
File H2624/13AW 5
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Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning
Therefore, the peak hour traffic impacts associated with this rezoning application are
projected as follows:
American Auto Body (4,200 sq.ft.): AM Peal: 13.52 VI3D PM Peak: 18.84 VPD
Busy Beez Daycare (3,000 sq.ft.): AM Peak: 40.68 VPD PM Peak: 41.73 VPD
The proposed development plan for the 1.89± acre subject properties is projected to
generate 54.20 vehicle trips during the AM Peal: I-IoLu• and 58.57 vehicle trips during the
PM Peak Hour. These projected traffic volumes are below the requirements for right turn
lanes and tapers on 2-lane highways and fall within the range for a taper on a 4-lane
highway. This segment of Martinsburg Pike is currently a 2-lane highway with a center
left turn lane. The 2009 VDOT Traffic Volumes for primary Roads identify this segment
of Martinsburg Pike with an average daily traffic volume of 4,500 trips. Therefore, the
existing commercial entrance and taper exceed current VDOT requirements and would
meet VDOT requirements should this segment of Martinsburg Pike become a 4-lane
segment in the future. The proposed rezoning application does not create a negative
impact to the transportation system.
SEWAGE CONVEYANCE AND TREATMENT
The 1.89± acre subject properties are located within the Route 1 1 North Sewer and Water
Service Area (SWSA). The Frederick County Sanitation Authority (FCSA) has
developed a 6-inch sewer force main to provicle sewer transmission from this area of the
County to the Opequon Water Reclamation Facility (OWRF) located on Berryville Pike
(U.S. Route 7). The proposed clay care facility will be connected to the public sewer
system through a pump situation that will access the 6-inch sewer force main located on
the east side of Martinsburg Pike directly across from the subject properties. The
Applicant's have proffered to limit the clevclopment of' the proposed claycare facility to
3,000 square feet, which will allow for a maximum occupancy of 50 children and 7 staff
members based on state licensing requirements. As a comparable land use, The Virginia
Department of Health Sewage Handling and Disposal Regulations Manual identifies
schools without showers and with or without cafeterias as a sewage flow rate of 10
gallons per clay (gpd) per person.
Q = 10 gallons/clay/person
Q = 10 gpd x 57 persons (maximum)
Q = 570 gpd
The proposed daycare facility is estimated to add 570 gallons per clay to the public
sewage conveyance system and the OpegLton Water Reclamation Facility (OWRF). The
design capacity of the treatment plant is 8.4 million gallons per clay (MGD) during
summer months and 16.0 MGD cluring winter months. The expansion and upgrade of the
OWRF will increase the hydraLlllC capacity of the facility to a maximum 12.6 MGD,
which is anticipated to be operational this calendar year. Approximately 6.8 MGD of this
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Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning
capacity is currently being utilized at the OWRF; therefore, the development of the
proposed daycare facility would require approximately 0.0003% of the available capacity
at this facility. This information demonstrates that the subject property can be developed
with adequate sewer service. (Please refer to the SWSA Water & Sewer Lines Map
Exhibit)
WATER SUPPLY
The 1.89± acre subject properties are located within the Route 1 I North Sewer and Water
Service Area. (SWSA). The Frederick County Sanitation Authority (FCSA) has
developed a 12-inch water transmission line that was adequately sized to provide for
transmission and pressure needed to scree land uses within the Route 11 North Sewer and
Water Service Area. The proposed day care facility will be connected to the public water
system through a tap that will access the 12-inch water transmission line located on the
east side of Martinsburg Pike directly across from the subject properties. The Applicant's
have proffered to limit the development of the proposed daycare facility to 3,000 square
feet, which will allow for a max1mL1111 occupancy of 50 children and 7 staff members
based on state licensing requirements. It is anticipated that the potable water demand for
the proposed daycare facility will be 20% greater than the sewage demands identified in
the previous section.
Q = 12 gallons/day/person
Q = 12 gpd x 57 persons (maximum)
Q = 684 gpd
The proposed daycare facility is estimated to require 684 gallons of potable water per day
from the public water system. The Northern Water Treatment Plant provides 2.0 million
gallons per clay of potable water from the former Global Chemstone Quarry as one of the
water sources contributing to the public water system within the Route 11 North Sewer
and Water Service Area. The projected water usage for the build -out of the subject
property would require approximately 0.0003% of the capacity at this facility; therefore,
this information demonstrates that adequate water capacity is available for the proposed
daycare facility. (Please refer to the SWSA Water & Sewer Lines Map Exhibit)
SITE llRAINAGE
The 1.89± acre subject properties have very little topographic relief and have been
designed and developed to direct storm water towards the central portion of the subject
properties to a storm water management facility. Storm water is collected into the
existing storm water management facility and is then piped to a drainage structure within
the VDOT right-of-way. The development of the proposed daycare facility and required
parking area is not anticipated to significantly increase the impervious surface area of the
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Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning
subject properties; therefore, the existing storm water management facility should be
adequate to accommodate the demands of this site. A Site Plan will be prepared and
submitted for review and approval by the County Engineer prior to any new development
activity on the subject properties, which will allow for the analysis of the existing storm
water management facility to ensure that there are no negative impacts to surrounding
properties.
SOLID WASTE DISPOSAL
The impact on solid waste disposal facilities can be projected from an average annual
commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil
Engineering Reference Manual, 4°i Edition). The following figures show the increase in
the average annual volume based on an additional maxilllum development of a 3,000
square feet daycare facility:
AVV = 5.4 cu. Yd. Per 1,000 sq. ft. commercial
AAV = 5.4 cu. Yd. x 3.0
AAV = 16.2 cu. Yd. at build out, or 11.3 tons at build out
The Municipal Solid Waste area of the regional Landfill has a current remaining capacity
of 13,100,000 cubic yards of air space. The maximum development of the daycare
facility will generate approximately 11.3 tons of solid waste annually on average. This
represents a 0.005% increase in the annual solid waste received by the Municipal Solid
Waste area of the Regional Landfill, which currently average 200,000 tons per year;
therefore, this information demonstrates that the Regional Landfill has adequate capacity
to accommodate the solid waste impacts associated with this proposal. Solid waste
produced by the proposed daycare facility will be routed to the Regional Landfill by a
commercial waste hauler; therefore, the County will receive tipping fees associated with
this land use to mitigate this impact.
HISTORICAL SITES AND STRUCTURES
The 1.89± acre subject properties do not contain structures deemed to be historically
significant, nor are there potentially significant structures adjacent to the subject property.
Additionally, the subject properties are not located within defined battlefield areas or
potential historic districts as demonstrated in the National Park Service Study of Civil
War Sites in the Shenandoah Valley and the Frederick County Comprehensive Policy
Plan.
The Frederick County Rural Landmarks Survey identifies Saspirilla Springs (#34-156)
approximately'/2 mile east of the subject properties as a potentially significant structure;
however, this structure is not deemed to be eligible for the state or national registers.
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Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning
Saspirilla Springs is located on the east side of the railroad tracks and is adjacent to
properties that are currently zoned M-1, Light Industrial District. This structure is not
visible from the subject properties; therefore, the development of the subject properties
will not negatively impact this structure or it's viewshed. (Please refer to the Historic
Features Map Exhibit)
OTHER IMPACTS
The rezoning and development of the 1.89± acre subject property is not anticipated to
negatively impact public services and will provide economic development revenue that
will benefit the County, as well as child daycare service to this geographic area of the
County. However, the Applicants' proffer statement provides a monetary contribution to
Frederick County for general fire and rescue services to further mitigate impacts
associated with this project. No additional impacts to County capital facilities or services
are anticipated by this proposal.
File tt2624/GAW 9
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Timothy W. Johnson Rezoning
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REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff.
Fee Amount Paid
Zoning Amendment Number Date Receive
PC Hearing Date BOS Hearing Date ,
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained fi-om the
Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent
Street, Winchester.
1. Applicant:
Name: Greenway Engineering
Telephone: 540-662-4185
Address: 151 Windy Hill Lane Winchester, VA 22602
2. Property Owner (if different from above)
Name: Timothy W. Johnson & Margo D. Johnson
Telephone: 540-662-7878
Address: 4491 Martinsburg Pike Clearbrook, VA 22624
3. Contact person if other than above
Name: Evan A. Wyatt, AICP
Telephone: 540-662-4185
4. 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
•
C�
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:
Timothy W. Johnson & Margo D. Johnson
5. Current Use of the Property: American Autobody & Church
6. Proposed Use of the Property: American Autobody & Child Day Care
7. Adjoining Property: Please see attached adjoining property owner map
exhibit and adjoining property owner mailing address table.
PARCEL ID NUMBER USE ZONING
8. Location: The property is located at (give exact located based on nearest road
and distance from nearest intersection, using road names and route number):
The subiect properties are located on the west Side of Martinsburg Pike (U.S. Route 11),
approximately 2,000 feet south of Interstate 81 Exit 323.
•
•
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for
the applicant to provide information concerning the specifics of the proposed use.
Otherwise, the planning staff will use the maximum possible density or intensity scenario
for the proposed Zoning District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number 33-A-92 & 33-A-93
Districts
Magisterial: Stonewall High School: Jamey Wood High
School
Fire Service: Clear Brook Middle School:
Rescue Service: Clear Brook Elementary School:
10.
11.
James Wood Middle
School
Stonewall
Elementary School
Zoning Change: List the acreage included in each new zoning category
being requested.
Acres
Current Zoning
Zoning Requested
1.324±
B3 (with proffers)
B3 (with revised proffers)
0.567±
B3 (with proffers)
B2 (with revised proffers)
1.89±
Total Acreage to be rezoned
The following information should be provided according to the type of
rezoning proposed:
Single Family homes:
Non -Residential Lots:
Office:
Self Serve Storage:
Lumber Store:
Number of Units Proposed
Townhome:
Mobile Home:
Square Footage of Proposed Uses'
Wholesale:
Warehouse:
Other:
Multi -Family
Hotel Rooms:
`Structural square footage is limited to 3,000 square feet for tax map parcel 33-((A))-
93 as described in Section C(l) of the proffer statement.
0
•
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 bet of my (our) knowledge.
Appllcant(s): Cl, Date: '� f3 10
Owner (s). Date.
Owner (s): O IJ / — _... Date: C�
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TAX MAP
NAME
ADDRESS
CITY & STATE
ZIP
ZONING
LAND USE
33 9 4
AB WHITE HALL LLC
8531 PULASKI HWY
BALTIMORE MD
21237
B3
4
33 9 5
PROFESSIONAL MOBILE HOME BROKERS INC
P O BOX 4091
WINCHESTER VA
22604
B3
4
33 A 91
JOHNSON CHERYL D ETALS
212 S WASH]NGTON ST
WINCHESTER VA
22601
RA
4
33 A 94
COOKE CHARLES A. & BETTY L
4481 MARTINSBURG PIKE
CLEAR BROOK VA
22624
RA
2
33 A 95
CLEAR BROOK RENTALS LLC
141 SISTER CHIPMUNK LN
CLEAR BROOK VA
22624
RA
2
33A 1 18
ROSY PHILLIP WENDELL & KIMBERLY F
4478 MARTINSBURG PIKE
CLEAR BROOK VA
22624
RA
2
33A 1 19
ROBY PHILLIP WENDELL & KIMBERLY F
4478 MARTINSBURG PIKE
CLEAR BROOK VA
22624
RA
2
33A 1 20
IVENSKOSKE RICHARD M
12038 CHESTNUT GROVE RD
1WINCHEsTER VA
1226031
RA
1 2
Source: Frederick County GIS, August 2010
Adjoining Parcels Listing
8/12/2010
Rezoning Comments • 0
Frederick County
Department of Planning and Development
Mail to:
Department of Planning and Development
AttIl: COL111ty Planner
107 North Kent Street
Winchester, Virginia, 22601
(540) 665-5651
Hand deliver to:
107 North Kent Street
Fourth Flool-
Winchester, Virginia
(540) 665-5651
Applicant: Please fill out the information as accurately as possible iu order to assist the Planning
Department with their review. Attach a copy of your application form, location map, proffer
statement, impact analysis, and any other pertinent information.
Applicant's Name: Greenway Englneerin;; Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: West side of Martinsburg Pike (U.S. Route 1 I)-, approximately 2,000 feet
South of Interstate 81 Exit 323.
CLII-I'eut zoning: B3 with proffers Zoning requested: B3 & B2 with modified proffers
Acreage: 1.89 +/- aces
Planning Department Comments:
Superintendent's Signature & Da
Notice to Planning Department — Please Return This Form to the Applicant
9 0
f�7\ GREENWAY ENGINEERING
147 151 Windy Hill Lane
Founded in 1971 Winchester, Virginia 22602
TRANS MIT TAL
Project Name:
Busy Beez Daycare Rezoning
File No:
2624
Date
August 20, 2010
To:
FC Planning
Attn:
Candice Perkins
Copied
From: Evan Wyatt
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up
❑ Other
❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment
Message:
Hi Candice,
Please fincl attached 2 copies of' the rezoning application for Tim Johnson's property on
Martinsburg Pike for your review and comment. We are attempting to file for the October 20"'
Planning Commission agencla; therefore, I woulcl appreciate receiving your comments by
September 17°i if possible. Please contact me if you have any questions or if* you need anything
else at this time.
Thank you, Evan i .
AUG 2 0 2010 ;r
Hand Delivery and Pick Ups Only:
Received By: Date: Time:
Please Print Name:
9-4
C bf I+RDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
TO: Roderick B. Williams, County Attorney
FROM: Candice E. Perkins, AICP, Senior Plannerox
RE: Rezoning Application Proffer Statement
DATE: August 31, 2010
Please find attached to this memorandum the proffer statement for the Timothy W. Joluison
Rezoning. We would appreciate your review of the Proffer Statement.
Thank you for your assistance.
cc: John R. Riley, Jr., County Administrator
Attachment
CEP/bad
4
August 23; 201*0
Mr. Evan Wyatt
Greenway.Engineeririg`
151 Windy Hill'Lanc
Winchester, Virginia 22602
RE: Busy Beez Daycare.Itezoning Comiitents
Frederick County;-Virjiilia
Dear Evan:
COUNTY' of _ W9DERICK.
D60aftment:.of Public W6kks
540/665-'5643
FAX: 540/678=0682-
We have completed oLirreview of the:proposed rezoiiing.6f, parcel 33-((A))-93 from B-3
to B 2 and offer the followhig comments:
I . Rcfcr to page 7 of the Impact Analysis under Site Drainage: Any subsequent site plans
should verify that'tlie existing.storm�vatcr'detentign facilityiw�is;c6nstructed in
accordance witli the approved plans,for parcel 33'-((A))-92. 16 addition, the site plan
design should confinn'thaf the existing -detention faci_liiy }kill accommodate the proposed
development of pafcel 33 3.
Refer to page 8 of the Inipact Analysis under Solid'Waste Disposal:. The -current waste
load at the regional landfill lias decreased to an av6fage;6f 1'50',000 tons per year.
3. Refer to page 3 cif the Proffer Slatem'ent under paragraph C:1 Structural Development
Limitation: Correct -the parcel description to 33-((A)).93.
I can be reached at 722-8214 if you should have any questions regaMiiig the above
comments.
Sincerely;
I-larvey1E.trawsnyder,
Director•of.Public Works
HES/rls
cc: Planning and development
file
4
u
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAY: 540/665-6395
MEMORANDUM
TO: Finance Department
FROM: Pam Deeter, Office Assistant II
SUBJECT: Return Of Sign Deposit
DATE: November 16, 2010
The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named
below had a deposit for one sign for Rezoning #01-10 for Busy Beez Daycare. Clear Brook
Rental has returned the sign and is therefore entitled to the return of the deposit. You may pay
this through the regular bill cycle.
Please send a check in the amount of $50.00 to:
Clear Brook Rental
141 Sister Chipmunk Lane
Clearbrook, VA 22624
RSA/pd
1147*116�
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
DATE 23 NO
207875
RECEIVED FROM \6k
AQU�IESS
ti�L
J, t ount
V,
DOLLARS $
❑ FOR RENT 54,700.00
❑ FOR. 71 51 00,
AMT 6F
ffACCOUNT; CASH
w
M 94-0 Ut
AMT. PAID CHECK
B ,
BALANCE
T-ION6Y
BY
Total Amount: $S4,700.00
log;)
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T A X R E C E I P T
FREDERICK COUNTY
C. WILLIAM ORNDOFF, JR
P.O. BOX 225
WINCHESTER VA 22604-0225
SIGN DEPOSITS PLANNING
PLANNING
Ticket:00006440001
Date 9/28/2010
Register: BCC/BCCB
Trans. tt: 09774
Dept n 1095
Acct
Previous
Balance $ 50.00
Principal Being Paid $ 50.00
Penalty $ .00
Interest $ .00
Amount Paid $ 50.00
*Balance Due $ .00
Pd by PLANNING Check 60321.00 tt VARIOUS
BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 9/2010
r
GREENWAY ENGINEERING
151 Windy Hill Lane
FvunM,n,,;, Winchester, Virginia 22602
err 1 4 7
TRAN SMITTLAL
Project Name: Busy Beez Daycare Rezoning
File No: 2624
Date October 14, 2010
To: FC Planning From: Evan Wyatt
Attn: Candice Perkins GREENWAY ENGINEERING
Phone: 540-662-4185
Copied Fax: 540-722-9528
Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up
❑ Other
❑ Urgent ® For Your Review ® As You Requested ❑ Please Comment
Message:
Hi Candice,
Please find attached the revised Proffer Statement that has been signed and notarized and contact
me if you need anything else at this time.
Thank you, Evan
Hand Delivery and Pick Ups Only:
Received By:
Please Print Name:
Date:
Time:
l
0 0
It\ GREENWAY ENGINEERING
k47 151 Windy Hill Lane
Fvundedill 1971 Winchester, Virginia 22602
T RAN S M IT T A L
Project Name: Busy Beez Daycare Rezoning Application
File No: 2624
Date September 24, 2010
To: FC Planning From: Evan Wyatt
Attn: Candice Perkins GREENWAY ENGINEERING
Phone: 540-662-4185
Copied Fax: 540-722-9528
Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up
❑ Other
❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment
Message:
Hi Candice,
Please find attached the information required for the Rezoning Application filing for the Busy
Beez Daycare, including 70 color copies of all applicable exhibits. Please schedule this
application for the October 20, 2010 Planning Commission meeting and the November 10, 2010
Board of Supervisors meeting. Please contact me if you need anything else at this time.
Thank you, Evan
Hand Delivery and Pick Ups Only:
Received By: Date: Time:
Please Print Name:
0 . 0
SEP 2. 4 20i0
Document Approval Form
PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR
APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR
APPROVAL.
IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE
COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED.
EWTIALS
C ndice
C�
Mark
Dana
John
COMMENTS:
- S,Ik-�
DATE & TEME
2Ll c v
Received by Clerical Staff (Date & Time): pc� q a�
U:\Pam\Common\Document Approval Form.wpd
V
0 46
I
October 22, 2010
COUNTY of FREDERICK
Department of Planning and Development
NOTIFICATION OF PUBLIC HEARING
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION 1101-10 FOR BUSY BEEZ DAYCARE
540/ 665-5651
FAX: 540/665-6395
You are hereby notified of a Frederick County Pla1111illAl Co111111iSS(Ol1 public hem -inn being held on
Wednesday, November- 3, 2010, at 7. 00 p.m. and a Bom-d of Snpel•visols public hem-inh behig held on
Wednesday, November- 10, 2010, at 7:15 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 901-10 of Busy Beez Daycare, submitted by Grcenway Engineering, to revise proffers
associated with Rezoning #05-01 for 1.324 acres of land zoned I33 (Industrial Transition) District to B3
with revised proffers and 0.567 acres zoned 133 to B2 (General Business) District with revised proffers,
totaling 1.89 acres. The properties are located on the west side of Martinsburg Pike (Route 11),
approximately 2,000 feet south of Interstate 81 Exit 323, in the Stonewall Magisterial District, and are
identified by Property Identification Numbers 33-A-92 and 33-A-93.
Any interested parties having questions or wishing to speak may attend the public hearing. A copy of
the applications will be available for review at the I-[andley 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:
wN«v.co. frederick.va.us.
Sincerely,
Candice E. Perkins, AICP
Senior Planner
CEP/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
/ 614 -2 �- /O-
from the Department of Planning and Development, Frederick
County, Virginia:
33A - 1- • 18•
33 - A• - 92-
ROBY PHILLIP WENDELL & KIMBERLY F
JOHNSON TIMOTHY W
4478 MARTINSBURG PIKE
JOHNSON MARGO D
CLEAR BROOK VA 22624.1529
141 SISTER CHIPMUNK LN
CLEAR BROOK VA
22624.1361 33A • 1- • 20-
VENSKOSKE RICHARD M
2038 CHESTNUT GROVE RD
Greenwa Engineering
Y " b b
WINCHESTER VA 22603.2318
151 Windy Hill Lane
Winchester, VA 22602
33 -9- - 4-
AB WHITE HALL LLC
8531 PULASKI HWY
BALTIMORE MD 21237.3005
33 -9- - 5-
PROFESSIONAL MOBILE HOME BROKERS
INC
PO BOX 4091
WINCHESTER VA 22604.4091
33 -A- - 91-
JOHNSON CHERYLDETALS
212 S WASHINGTON ST
WINCHESTER VA 22601.4029
33 - A- - 94-
COOKE CHARLES A. & BETTY L.
4481 MARTINSBURG PIKE
CLEAR BROOK VA 22624.1528
Candice T. Perkins, Senior Planner
Frederick County Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I� �,{rJ, a Notary Public in and for the State and County
aforesaid, doh eby certify that CandicfC 1;. Perkins, Senior Planner for the Dp parts neat of Planning
and Development, whose name is signed to the foregoing, dated b aL /6 , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my liand this �-�� day of �����PJf� C2Cj ib
My commission expires on
`'�l'•'v 4'Cy,jy
BEVERLY H, DELLIN:CV
Dj
NOTARY ID # 33 ] 137
NOTARY PUBLI
4� COMvIONWEALTH qF
L MY COMMI®AIbN nXPl460 DU
NOTARY P I3LIC
Easy Peel0 Labels
Use AveryO Template 51610
A
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Bend along line to
expose Pop�EdgeTm
aAVERY051610
33 - A- - 93-
CLEAR BROOK RENTALS LLC
141 SISTER CHIPMUNK LN
CLEAR BROOK VA 22624.1361
33 -A- - 93-
CLEAR BROOK RENTALS LLC
141 SISTER CHIPMUNK LN
CLEAR BROOK VA 22624.1361
33 -9- - 4-
AB WHITE HALL LLC
8531 PULASKI HWY
BALTIMORE MD 21237.3005
33 -9- - 5-
PROFESSIONAL MOBILE HOME BROKERS
INC
PO BOX 4091
WINCHESTER VA 22604.4091
33 -A- - 91-
JOHNSON CHERYL D ETALS
212 S WASHINGTON ST
WINCHESTER VA 22601.4029
33 - A- - 92-
JOHNSON TIMOTHY W
JOHNSON MARGO D
141 SISTER CHIPMUNK LN
CLEAR BROOK VA 22624.1361
33 - A- - 93-
CLEAR BROOK RENTALS LLC
141 SISTER CHIPMUNK LN
CLEAR BROOK VA 22624.1361
33 - A- - 93-
CLEAR BROOK RENTALS LLC
141 SISTER CHIPMUNK LN
CLEAR BROOK VA 22624.1361
33 -9- - 4-
AB WHITE HALL LLC
8531 PULASKI HWY
BALTIMORE MD 21237.3005
33 -9- - 5-
PROFESSIONAL MOBILE HOME BROKERS
INC
PO BOX 4091
WINCHESTER VA 22604.4091
33 -A- - 91-
JOHNSON CHERYL D ETALS
212 S WASHINGTON ST
WINCHESTER VA 22601.4029
Eti uettes faciles a eler
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33 - A- - 94-
COOKE CHARLES A. & BETTY L.
4481 MARTINSBURG PIKE
CLEAR BROOK VA 22624.1528
33 - A- - 95-
CLEAR BROOK RENTALS LLC
141 SISTER CHIPMUNK LN
CLEAR BROOK VA 22624.1361
33 - A- - 95-
CLEAR BROOK RENTALS LLC
141 SISTER CHIPMUNK LN
CLEAR BROOK VA 22624.1361
33A - 1- - 18-
ROBY PHILLIP WENDELL & KIMBERLY F
4478 MARTINSBURG PIKE
CLEAR BROOK VA 22624.1529
33A - 1- - 20-
VENSKOSKE RICHARD M
2038 CHESTNUT GROVE RD
WINCHESTER VA 22603.2318
Timothy Johnson & Margo Johnson
141 Sister Chipmunk Ln.
Clearbrook, VA 22624
33 - A- - 94-
COOKE CHARLES A. & BETTY L.
4481 MARTINSBURG PIKE
CLEAR BROOK VA 22624-1528
33 - A- - 95-
CLEAR BROOK RENTALS LLC
141 SISTER CHIPMUNK LN
CLEAR BROOK VA 22624.1361
33 - A- - 95-
CLEAR BROOK RENTALS LLC
141 SISTER CHIPMUNK LN
CLEAR BROOK VA 22624.1361
33A - 1- - 18-
ROBY PHILLIP WENDELL & KIMBERLY F
4478 MARTINSBURG PIKE
CLEAR BROOK VA 22624.1529
33A - 1- - 20-
VENSKOSKE RICHARD M
2038 CHESTNUT GROVE RD
WINCHESTER VA 22603-2318
Timothy Johnson & Margo Johnson
141 Sister Chipmunk Ln.
Clearbrook, VA 22624
Etiquettes faciles A peler A
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reveler le rebord Pop-upTM 1-800-GO-AVERY
FEZ � D I -lo
Timothy W. Johnson Rezoning
t/
TAX MAP
NAME
ADDRESS
CITY & STATE
ZIP I
ZONING
LAND USE
33 9 4 WrAJI
WHITE HALL LLC
8531 PULASKI HWY
BALTIMORE MD
21237
83
4
33 9 5 6#ROFESSIONAL
MOBILE HOME BROKERS INC
P O BOX 4091
WINCHESTER VA
22604
B3
4
33 A 91 4j6HNSON
CHERYL D ETALS
212 S WASHINGTON ST
WINCHESTER VA
22601
RA
4
33 A 94jeOOKE
CHARLES A. & BETTY L.
4481 MARTINSBURG PIKE
CLEAR BROOK VA
22624
RA
2
33 A 9
LEAR BROOK RENTALS LLC
141 SISTER CHIPMUNK LN
CLEAR BROOK VA
22624
RA
2
33A 1 1
OBV PHILLIP WENDELL & KIMBERLV F
4478 MARTINSBURG PIKE
CLEAR BROOK VA
22624
RA
2
33A 1 19
R08V PHILLIP WENDEIL &KIMBERLV F
4478 MARTINSBURG PIKE
CLEAR BROOK VA
22624
RA
2
33A 1 2
ENSKOSKE RICHARD M
2038 CHESTNUT GROVE RD
WINCHESTER VA
22603
RA
2
TO:BARBARA-DATA PROCESSING
FROM:BEV - Planning Dept.
Please print AC/Sets of labels by ,
I z M/0 THANKS!
A
Source: Frederick County GIS, August 2010 8/12/2010