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01-17 DMJ Holding Proffer Amendment - Shawnee PINs 64A-4-16A, 16, 17, 18, 19, 20 - Backfile
REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List 1 iG 11 Sys ID # File opened Fee & Sign Deposit Deed Plat/Survey _ Taxes Paid Statement Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Application Action Summary updated -- :3xot -i d P v,b 1 " " 1-tc' (, q % C1J Planning Commission Meeting ACTION: Y?c Board of Supervisors Meeting ACTION: q-041210tluz U Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Proffers recorded NOTES ' RECEIPT EI T DATE } NO. RECEIVED FROM Deg T 1-1old ons LLB ADDRESS lls r 'r"r I�Ci (�7j1�C'�"ICSIC', l`)n( +l,pu-Sar)C �'lo((al-s c�na ' FOR �Fzt i n� I PJLO irC ' A rn cnd mP (t :�10S-oc c�a-n-y icon . n ��, i ACCOUNT HOW PAID ) 1.110T OF ACUNT CO CASH AMT. CHECK PAID BALANCE MONEY DUE ORDER (02001 ftgrFoRm.(�R) 8L818 0 0 COUNTY or FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 Apri l 13, 2017 Mr. John Lewis Painter -Lewis, P.L.C. S 17 Cedar Creck Grade, Ste. 120 Winchester, VA 22601 RE: REZONING #01-17 DNIJ Ilolding LLC PINS: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18 64A-4-19 and 64A-4-20 Dear John: This letter serves to confirm action taken by the Frederick County Board of' Supervisors at their meeting on April 12 , 2017. The above-rcicrcnced application was approved to revise proffers associated with Rezoning #05-09. This proffer amendment is to remove a proffCr which currently prohibits fast food restaurant with drive through service window. The properties are located at the northwest corner of the intersection of' IZoute 50 and Route 781 (Custer Avenue) in the Shawnee Magisterial District. The parcels are identified as Property Identification Numbers 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-1 S 64A-4-19 and 64A-4-20. The proffer statement, originally dated March 24, 2009, with final revision date of' December 6, 2016, that was approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of ownership. Enclosed is a copy of' the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Cleric of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Candice Perkins, AICP, CZA Senior Planner CEP/pd Attachment cc: Gene E. Fisher, Supervisor Shawnce District Lawrence Ambrogi and I-1. Paige Manuel, Shawnce District Planning Commissioners Jane Anderson, Real Estate Ellen Murphy, C011l]]]iSSlonel' of' Revenue Rod Williams, County Attorney w/Proffer and Resolution Donald Phelps 195 Ebert Road Winchester, VA 22603 107 North Kent SU'CCt, Suite 202 9 Winchester, Virginia 22601-5000 REZONING APPLICATION 901-17 DMJ HOLDING, L.L.C. Staff Report for the Board of Supervisors Prepared: March 31, 2017 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 02/15/17 Application sent to Public Hearing 03/15/17 Public Hearing Held; Recommended Approval Board of Supervisors: 04/12/17 Pending PROPOSAL: To revise proffers associated with Rezoning 1/05-09. This proffer amendment proposes to remove a proffer which currently prohibits fast rood restaurants with drive through service windows. If approved, the site would permit the construction of fast food restaurants with drive through service windows if all other requirements are met. All other proffers remain the same. LOCATION: The properties are located at the northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/12/17 BOARD OF SUPERVISORS MEETNG: This is an application to amend the proffers from Rezoning 1105-09 for 2.85 acres of land. This proffer amendment seeks to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the construction of fast food restaurants with drive through service windows if all other requirements and conditions are met. The properties are located within the UDA and S WSA and are designated as an area of commercial land use by the Pastern Frederick County Long Range Land Use Plan. The site is located in the area covered by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a commercial designation with a transition back into the surrounding residential land uses. Staff would note that the approved proffer currently limits any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from the 2009 approval. It should be noted that a fast food restaurant with a drive through could max out the hourly trip cap which would leave the remainder of the property undevelopable. The Planning Commission discussed this application at their meeting on February 15, 2017; the Commission voted to reschedule the application and hold a public hearing. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their March 15, 2017 meeting. Following the required public hearing, « decision regarding this rezoning application by the Board of Supervisors would be appropriate The Applicant should be prepared to adequately address all concerns raised bV the Board of Supervisors. Rezoning # 01-17 DMJ 1-Ioldings, LLC March 31, 2017 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a (lecision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff )vhere relevant throughout this staff report. Reviewed Action Planning Commission: 02/15/17 Application sent to Public Hearing 03/15/17 Public Hearing Held; Recommended Approval Board of Supervisors: 04/12/17 Pending PROPOSAL: To revise proffers associated with Rezoning 1/05-09. This proffer amendment proposes to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the construction of fast food restaurants with drive through service windows if all other requirements are met. All other proffers remain the same. LOCATION: The properties are located at the northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, and 64A-4-20 PROPERTY ZONING: 132 (General Business) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) South: 132 (General Business) Last: 132 (General Business) Use: Residential Use: Commercial Car Lot Use: Vacant West: RP (Residential Performance) Use: Residential Rezoning 01-17 DMJ Holdings, LLC March 31, 2017 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Our District Planning Section has reviewed the DMJ Holdings, LLC Rezoning and Proffer Amendment and offer the following recommendations: The rezoning application for the DMJ Holdings LLC Proffer Amendment dated August 15, 2016 generally utilized the previously approved proffers with minor edits to permit fast food restaurants with drive through use on the property. The transportation improvements proffers as developed from the recommendations of the previously submitted TIA in 2009 have been maintained with the Proffer #2 "Limitation of Future Development", which is unchanged from the originally approved proffers, set a property development cap of 200 site generated trips per hour during any hour of the day (based on ITC trip rates). The proposed fast food with drive through lane use (ITC code 934) with a 4,000 square feet gross floor area will exceed this cap in the AM peak hour of the generator. Therefore, as the proffers are currently written, if the proposed fast food land use is developed, the remainder of the property will be undevelopable in the future. Please advise. Should the Applicant choose to revise the proffers to permit additional development of the property, given the age of the original TIA and change in development intensity, VDOT Staunton District Planning recommends the preparation of an updated TIA to support the proffer amendment. During the June 28, meeting between VDOT and the developer/property owner at the Edinburg Residency, coordination with the adjacent property owner (additional B2 zoning) to realign/improve Custer Avenue and Pembridgc Avenue in order to improve access opportunities to the commercially zoning properties was discussed. Did this outreach take place and were improvements considered? Frederick County Attorney: Please see allached leller.Ji-om Roderick B. Wi#lains, CounlyAlloi•ney, doled Seplember 12, 2016. Planning & Zoninj4: 1) Site History The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the five parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R-2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the County's Zoning Ordinance. On October 14, 2009 the Board of Supervisors approved Rezoning 405-09 which rezoned the properties to the B2 (General Business) District with proffers. 217 Comprehensive Policy Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is in official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key • 0 Rezoning# 01-17 DMJ Holdings, LLC March 31, 2017 Page 4 components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use. The properties are located within the UDA and SWSA and are designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The site is located in the area covered by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a commercial designation with a transition back into the surrounding residential land uses. Tian L3oilgtlon and Access. Site access is proposed to be provided from two locations. Primary access to the site is via Route 50 and a secondary access point is proposed to be provided from Route 781 (Custer Avenue) via a modified commercial entrance onto Route 781 generally using the existing right- of-way across the properties frontage. The Route 50 entrance would be in the form of a right in right out only entrance, the Route 781 entrance would be right in only. Staff would note that the proffer currently limits any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from the 2009 approval. VDOT has expressed concern that a fast food restaurant with a drive through would max out the hour trip cap which would leave the remainder of the property undevelopable. 3) Proffer Statement — Dated March 24, 2009; revised December 6, 2016: Generalized Development Plan (unchanged) Proffers 2-8 remain unchanged 9. The Owner agrees to prohibit the following uses (as listed in the Frederick County Zoning Ordinance) on the property: I . Car washes 2. oe�!-rclstrrr�t13 with tlrii�e t�tttxrgl�s�=rf�cl rrfxlex�(removed) 3. Automotive dealers with outdoor display and gasoline service stations 4. Model home sales offices 5. Amusement and recreational services operated outdoors 6. Self -storage storage facilities 7. Adult retail Proffer 10 remains unchanged Rezoning # 01-17 DMJ Holdings, LLC March 31, 2017 Page 5 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/15/17 MEETING: Following the staff presentation of the application, a Commission Member commented that they do not agree that the revision is minor and feels this should go to Public Hearing and allow the neighbors to have a voice, considering the traffic, noise, odors, etc. this will create. The Commission Member inquired was the increase in traffic the only parameter looked at. Staff explained, when reviewing the allowance that is built into the zoning ordinance per the State Code this met those allowances to be considered a minor proffer amendment. The previous rezoning did not have any limitations on the hours of operation and it already allowed for a fast food restaurant and the only addition is the allowance for a drive through and it did not increase the maximum cap on the traffic, it still fell under the minor proffer amendment standards. "Three Commission Members inquired how the 200 trips per hour are monitored. Staff explained this would be done through the site plan process and based on the trip generation manual; the use the Applicant is proposing along witli the building square footage would have to equate to no more than 200 vehicle trips. Staff noted the only enforcement would be prior to the final approval and based on the square footage what it would generate based on the manuals. A Commission Member commented this should be a Public I-Iearing so the neighbors have the opportunity to voice concerns, as trips could reach 400. Staff noted the potential would still exist under the previous rezoning because multiple buildings could have been constructed and still would have equated to the certain number of trips per day based on the manual. A Commission Member commented If adding the drive through component will there be some type of protection for the neighbors from traffic headlights. Staff noted under the site plan, landscaping would have a 36 inch evergreen hedge screening for anything that would generate impacts to lighting. John Lewis of Painter -Lewis, P.L.0 representing the Applicant came forward. Mr. Lewis presented a brief overview; since 2009 the original rezoning in which the use of a fast food restaurant was proffered out, the only interest brought forward has been for fast food. I -le continued, when originally rezoned there was concern from neighbors about a fast food restaurant at which time the owner decided to remove that option. Mr. Lewis explained regarding the trip limitations in the 2009 rezoning there was a 200 peak hour trip limit also, and at that time there was no concern raised on enforcement of this. I-Ie noted the reason for this rezoning is there has not been any interest in the parcel other than a fast food restaurant. Mr. Lewis continued they met with the I-IOA in 2009 and that is ]low the original proffers were crafted; this time they have tried to contact the IJOA and have not heard from anyone, therefore they sent letters to seven adjoining neighbors and they have received a response from one. A final point made by Mr. Lewis is the current zoning ordinance has design standards all of which still apply to this rezoning. A Commission Member commented lie agrees it will be highly unlikely a fast food restaurant would exceed the 200 trips in this area. Another Commission Member commented he finds it concerning that in 2009 it was rezoned because adjoining homeowners did not want a fast food restaurant with a drive through and now without giving anyone the opportunity to comment we would then remove this proffer to allow the drive through. It was reiterated by a Commission Mcmbcr that he would be comfortable if this item were brought back before the Planning Commission as a Public Hearing. A motion was made, seconded, and unanimously passed to recommend postponement and a Public Hearing to be held of REZ #01-17 for DMJ Holdings L.L.C. Rezoning # 01-17 DMJ Holdings, LLC March 31, 2017 Page 6 Absent: Mohn, Dunlap EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/15/17 PLANNING COMMISSION MEETING: This is an application to amend the proffers from Rezoning 1105-09 i'or 2.85 acres of land. This proffer amendment seeks to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the construction of fast food restaurants with drive through service windows if all other requirements and conditions are met. The properties are located within the UDA and SWSA and are designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The site is located in the area covered by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a commercial designation with a transition back Into the surrounding residential land uses. Staff would note that the approved proffer currently limits any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from the 2009 approval. It should be noted that a fast food restaurant with a drive through could max out the hourly trip cap which would leave the remainder of the property undevelopable. The Planning Commission discussed this application at their meeting On February 15, 2017; the Commission voted to reschedule the application and hold a public hearing. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 03/15/17 MEETING: Staff provided an overview of the rezoning application and the proffers. Staff noted that a fast food restaurant with a drive through would max out the hourly trip cap which could leave the remainder of the property undevelopable without a subsequent rezoning. A Commission Member inquired if this is approved and a fast food restaurant is built with the 200 trips per hour max; then a year from now they want to put a doctor's office on the site, who can monitor the trips. Staff explained this is based on the ITE manual for that specific use, therefore if something else were to be place on the site they would have to come back through the rezoning process. Mr. John Lewis of Painter -Lewis P.L.C., representing the Applicant came forward and noted he did not have anything additional to add from the previous meeting. Mr. Josh Phelps, the co -applicant came forward. Ile explained when they purchased this property in 2005 the economy was doing well then in 2008 the downward spiral happened; they have been sitting on this property since that time. Mr. Phelps continued they have been approached by a potential buyer who wants to put a drive through window restaurant on the property. Mr. Phelps reported the most interested party (which is a very established business) provided statistics that reflect a max of 170 trips per hour in a major metropolitan area such as Charlotte, NC and Atlanta, GA. Mr. Phelps concluded they would like to sell the property and invest the proceeds in their business Winchester Metals which is in need of expansion. Rezoning# 01-17 DMJ Holdings, LLC March 31, 2017 Page 7 A motion was made, seconded, and unanimously passed to recommend approval of REZ 901-17 DMJ Holding L.L.C. Absent: Mohn, Dunlap, Unger, Molden, Oates EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/12/17 I30ARD OF SUPERVISORS MEETING: This is an application to amend the proffers from Rezoning 1105-09 for 2.85 acres of land. This proffer amendment seeks to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the construction of fast food restaurants with drive through service windows if all other requirements and conditions are met. The properties are located within the UDA and S WSA and are designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The site is located in the area covered by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a commercial designation with a transition back into the surrounding residential land uses. Staff would note that the approved proffer currently limits any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from the 2009 approval. It should be noted that a fast food restaurant with a drive through could max out the hourly trip cap which would leave the remainder of the property undevelopable. The Planning Commission discussed this application at their meeting on Febru-,uy 15, 2017; the Commission voted to reschedule the application and hold a public hearing. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their March 15, 2017 meeting. Follotivinga the required public hearinga, a decision reaardinq NITS rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. N Cl EZ#01 - 17 122 I0� AM S1' CURENDON Cl MJ Holdings, LLC 4s: A - 4 - 16,64A -4 - 16A, 64A - 4 - 17 121 A-4-18,64A-4-19,64A-4-20 , ETNAMst )ffer Amendment 105 C� W RENDON Ci Wing Map _ Io>• 1181 GLARENDON Gl MLL W I PIKEOOD 126 ►IKE ETNAM ST ' II91 MRIWOOD ►IKE REZ �01-17 C'.J' 0 Q3 RE =0' 17 C�0 Z'� 0.1_ 1 LIN Applications Parcels Sewer and Water Service Area Building Footprints B1 (Neighborhood Business District) B2 (General Business Districq B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) 6411i MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) 09 V� moo; REZ !.0*11 70 CW M REZ 1�01-17 M!I I T 50 J p = CWtER EVE `�' woe •i� \ i REZ # 01 - 17 Note: Frederick County Dept of DMJ Holdings, LLC Planning & Development PINS: 107 N Kent St e 64A - 4 - 16. 64A - 4 - 16A. 64A - 4 - 17, Suite 202 64A - 4 . 18. 64A - 4 - 19. 64A - 4 - 20 Winchester, VA 2260'i Proffer Amendment 540 - 665 - 5651 Zoning Map Mop Created: January 10. 2017 Staff: cperkins 0 50 100 200 Feet • Applications Parcels Sewer and Water Service Area Building Footprints R E Z 0 01 - 17 DMJ Holdings, LLC PINS: 64A-4-16,64A-4-16A.64A-4-17, 64A - 4 - 18. 64A - 4 - 19, 64A - 4 - 20 Proffer Amendment Location Map Note: Frederick County Dept of Planning Development N Kent St Suite 202 Winchester. VA 22601 540 - 665 - 5651 Mop Created: January 10. 2017 Staff: cperkins 0 50 100 200 Feet � h 50 .. ki Applications Parcels Sewer and Water Service Area ei Building Footprints Long Range Land Use CD Residential Lc�S% Neighborhood Village Urban Center • Mobile Home Community 0 Business 0 Highway Commercial Mixed -Use Mixed Use Commercial/Office 0 Mixed Use Industrial/Office • Industrial ® Warehouse Heavy Industrial Extractive Mining C7�) Commercial Rec Rural Community Center ® Fire & Rescue Q Sensitive Natural Areas ® Institutional • Planned Unit Development Park Recreation School Employment Airport Support Area 0 62/B3 Q Residential 4 u/a High -Density Residential 6 u/a High -Density Residential 12-16 u/a O Rural Area Interstate Buller Landfill Support Area Natural Resources & Recreation OEnvironmental & Recreational Resources is 41, g% . � ` y ri1 1♦♦1 ♦♦�♦♦111111 1 11 ♦♦• w . r �♦j�'♦w ♦1♦1 ♦111 ♦ 1 1 ♦♦ Al 1 11♦ ♦♦ 11 1 w� -, t ♦♦♦1•� •♦j♦1 �1 F i ♦♦�i♦i♦♦i♦ii �r� ♦ 1♦1♦11♦ REZ`#0 1 > > REZ'#O 1%1'� �10ikJ REZ #01-17 �REZ1#01-1►7` REZ #01- 17'' • 41, ' P m ••. 0 / I •. 50 A 3 cuih► WE 0 ✓S� }T L/r ��C� iC\ ` Oy J REZ 0 01 - 17 Note: Frederick County Dept of DMJ Holdings, LLC Planning & Development PINS: 107 N Kent St 64A - 4 - 16. 64A - 4 - 16A, 64A - 4 - 17. Suite 202 e 64A - 4 - 18, 64A - 4 - 19. 64A - 4 - 20 Winchester, VA 22601 Proffer Amendment 540 - 665 - 5651 Long Range Land Use Map Map Created: January 10. 2017 Staff: cperkins 0 65 130 260 Feet r� u COUNTY of FRED RICK Roderick b. 'Wiltiiuiis County Attorney 540/722-8383 Fax 540/66 i-0370 L-mail: rwillia@co.:redei-icl,-.v;t.as September 12, 2016 VIA E-MAIL — off icennainterlewis.corn — AND REGULAR MAIL Mr. John Lewis Painter -Lewis, P.L.C. 8I7 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Re: DMJ Holdings; LLC — Route 50 and Custer Avenue =- Proposed .Rezoning -- Proffer Statement dated August 15, 2016 Dear John: You have submitted to Frederick County for review the above proposed proffer statement (the "Proffer Statement") for the proposed rezoning of 2.85± acres constituting the property of DMJ Holdings, LL.0 and others, Pttrcel Idetrtificatioir Ntmibers 64A-4-16, 64A-4-16A, 64A-4-17, 64A-4-18, 64A-4-19, and 64A-4-20 (collectively; the "Property"), in the Shawnee Magisterial District, from the B2 (Business General) District, with proffers, to the B2 (Business General) District, with revised proffers. I have now reviewed the Proffer Statement and it is my opinion that tlic Proffer Sthteinent Would be in a form to meet the -requirements of. the Frederick County Zoning .Ordinatice and the Code of Virginia, -and would be legally sufficient as a proffer statement, subject to the following comments, . Consistent with the inclusion of Winchester Metals, Inc. as a signatory to the Proffer Statement and my comment in connection with the 2009 rezoning of the Property, it would be appropriate for'the cover page of the Proffer Statement to show both DMJ Holdings, .LLC and Winclicster Metals, Inc. as the record owners.. Also, consistent xvit.h a more recent best practice the County is following for proffer statements, tlic references in the Proffer Statement to the "applicant" should be to the "ownei:s". - . 2. Proffer 2 — The first five sentences provide only background information and are unnecessary for inclusion in the Proffer Statement. 3. On page 5, ill the last paragraph, the second line, "even" should be "event''. 107 .north Kent Strect e Winchester, Virginia 22601 • Mr. John Lewis September 12, 2016 Page 2 I have not reviewed the substance of the proffers as to whether the proffers are suifable and appropriate for this specific development, ns my understanding is that review will be done by staff and the Planning Commission. Sli Q/ Roderick B. Williams County Attorney cc: Candice 1 . Perkins; AICP, Assistant Director of Planning and Development • DMJ HOLDINGS, L.L.C. WINCHESTER METALS, INC. ROUTE 50 & CUSTER AVENUE Amended Proffer Statement Original Rezoning #: 05-09 Property: 2.85 acres PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 Owner: DMJ Holdings, L.L.C. Winchester Metals, Inc. Mr. Mark Phelps 195 Ebert Road Winchester, Virginia 22603 it Project Name: DMJ Holdings, L.L.C. Route 50 & Custer Avenue Shawnee Magisterial District Original Date of Proffers: March 24, 2009 Revision Date: June 1, 2009 July 1, 2009 August 15, 2016 December 6, 2016 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 1603018 0 PROFFER STATEMENT • PARCEL IUs: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned owner proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of parcels TM##'s 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 from RP to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The owner agrees to proffer the Generalized Development Plan (GDP) dated 07/01/09, identified as "Generalized Development Plan DMJ Holdings, L.L.C." and which is attached to the proffer statement, for the purpose of identifying the general configuration of the proposed parcel after consolidation, the location and form of the site access, the approximate location of interparcel access easements, and construction improvements to Route 781, Custer Avenue and Route 50, Millwood Pike. Please refer to the attached drawing named "GDP". 2.) Limitation of Future Development is The owner agrees to limit any future use(s) of the parcel to those uses which will not generate in excess of 200 vehicle trips per hour during any hour. The determination of trip numbers will be accomplished during the site plan review based on the proposed use(s). Trip counts will be determined using the Institute of Traffic Engineers Trip Generation Manual, 9th Edition. 3.) Improvements to Route 50 and Route 781 The owner will make the necessary road frontage improvements, as required by the Virginia Department of Transportation, to Route 50, Millwood Pike, and Route 781, Custer Avenue, in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County during the site plan review process. Construction of the improvements will be completed prior to the occupancy of any new building on the site. The improvements will include: a) The design and construction of a right turn lane westbound on Route 50 with the appropriate length and taper ending in a right in/right out commercial entrance serving as the primary access to the site; b) The design and construction of a right turn lane southbound on Route 781 from a proposed right in only entrance to its intersection with Route 50; c) The design and construction of a raised median between travel lanes on Route 781 to prevent left turn movements into the right in only entrance described in "b" above; page 2 PROFFER STATEME%IT • PARCEL Us: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 • d) The design and construction of additional vehicle storage area in the existing left turn lane on eastbound Route 50; e) The design and construction of bicycle facilities along Route 50 in front of the site; f) The design and construction of pedestrian facilities linking Pembridge Avenue with proposed facilities in the Route 50 right of way. 4.) Inter -parcel Circulation and Access The owner agrees to provide easements which will permit access through the site from all points of right of way ingress and egress to and from the site to the parcels which share a common boundary line to the east and west. The approximate locations of the access points are shown on the GDP. The easements will be defined during the site plan process and recorded by the owner upon approval by Frederick County and prior to the issuance of the first building permit issued for the site. 5.) Monetary Contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue purposes the sum of $2,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. 6.) Monetary Contributions The owner agrees to provide $5,000.00, for future transportation improvements within the Route 781 and Route 50 rights -of -way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property. 7.) Building Design New buildings shall be constructed using architectural styles and materials which are compatible with the surrounding neighborhood. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community. All building facades shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for buildings. Roof materials shall be standing seam metal, architectural shingle, or other high quality material. Flat roofs shall be permitted only to the extent that rooftop mechanical units are screened from the view of adjacent residences. Building height shall be limited to 35 feet as defined in the Frederick County Zoning Ordinance. 8.) Parcel Lighting The owner recognizes that the illumination associated with future uses and improvements on the parcel could have an impact on the adjacent properties. In order to preclude any negative impacts, the owner agrees to regulate the overall illumination level emanating from the parcel. At the same time, it is necessary to assure that public safety concerns will be satisfied from night time activity associated with future uses of the parcel. page 3 0 • PROFFER STATEMENT PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 1. Pole -mounted and wall -mounted luminaries shall meet the Illuminating • Engineering Society (IES) criteria for "cut off' fixtures where the candela per 1000 lamp lumens does not numerically exceed 25 at or above an angle of 90 degrees above nadir. Pole -mounted and wall -mounted luminaries shall not exceed a height of 18 feet as measured from the adjacent ground surface. 2. Front -lighted, freestanding signs shall be lighted from the top, and aimed and/or shielded so that no more that 100 candelas per 1,000 lamp lumens are emitted above a line that is struck through the lamp center and extends at an angle of 80 degrees relative to nadir after the luminaries are in their finally -focused position. 3. Internally and rear -lighted freestanding signs shall be limited to the illumination of the sign letters or characters only. No luminous backgrounds shall be permitted. 9.) Parcel Usage The owner agrees to prohibit the following uses (as listed in the Frederick County Zoning Ordinance) on the property: 1. Car Washes; 2. (Fast food restaurants with drive through service window) REMOVE 3. Automotive dealers with outdoor display areas and gasoline service stations; 4. Model home sales offices; 5. Amusement and recreational services operated outdoors; 6. Self-service storage facilities; 7. Adult retail 10.) Preservation of Existing Vegetation Mature vegetation exists along the boundary between the parcel and adjacent residential lots. During the site plan process, the owner will identify existing vegetation within the 25' inactive buffer which can reasonably be preserved and incorporated into the screening requirements as described by the Frederick County Zoning Ordinance. Any such vegetation will be shown within a "non -disturbance" area depicted on subsequent site plans. • page 4 • U PROFFER STATEAT PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Respectfully submitted by: On Behalf of DMJ Holdings; L.C. City/County of��c=,c , Commonwealth Of Virginia. , ; The foregoing instrument was acknowledged before me this day of 20 , Notary Public Notary Registration number: My commission expires: 1 �' On Behalf of Winchester Metals, Inc. City/County of��€- c , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this day of Notary Public Notary Registration number: My commission expires: P�YV PUe/co C�, 2 MY n COMMISSION n NUMBER ' C = 2�' 7532024 � w "HEALTH o ,v1 /11/111101,,, page 5 �n 0 / ?� w 1 EXISTING RESIDENTIAL LOTS + OPRESERVAjION OF _ EXISTING/ VEGETATION F _ Oo CARTER / / / \ TM-15 IN 25' NACTIVE BUFF R Z / \ \ \ 1 � � v pp ZONING: RP 5 - Y/ RESIDENTIAL 50' CAT. "B BUFFER C i tih \ so. \ w 25' INACTIVE BUFFER T. / RR<� \ w 25' ACTIVE BUFFER 3 ° D / / FULL SCREEN CARROLL (D _ m ; // // \ \ \ ` TM#64A-10-1-8 I \ ZONING: 82 ID N 7—." / / / I \ \ ��— VACANT ' I O DIUJ 14OLDII I o a ]` / '\ IGTERPARC�EL ACCESS NGS LL NJ Ln Lton / / / BICYCLE F �CILITIES ;� N / EXISTING COMMERCIAL LOTS _ 5 - 1 m �o eat � I � 0CD ■ ® L _ ' CARROLL ' I ■ - r _ TMp64A-4-20A ' _ _' ZONING: B2 ' 0� �*� t /� VACANT �' - -..• -L31, INTERPARCEL ACCESS m i m o1 t . PEDESTRIAN WALKS /m� Z m t;' vc�m "r �C- - - ��< ` CUOUTE 781 O a ` SAF I.yOO . ` StE--BEN RIGHT TUNLANE AND TAPER �0��O1Az f RIGHT IN/RI OUT ENTRANCE r3S '90 3c (� 4' RAISED MEDIAN A �§)RIGHT RIGHT TURN LANE IN ONLY ENTRANCE L \ 411` N � � � o zu1 � 3c! EXP SIGN OF LEFT TURN LANE n` \ / O STORA CAPACITY �,• i &,O'D J v r*i Z < Q o' C Co rn O O O In .- tiI :. MIr�SM'Oh►�TFso Action: PLANNING COMMISSION: March 15, 2017 BOARD OF SUPERVISORS: April 12, 2017 AMENDMENT Recommended Approval ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #01-17 DMJ HOLDING, L.L.C. WHEREAS, REZONING #01-17 DMJ Holding, L.L.C., submitted by Painter -Lewis, P.L.C., to remove a proffer which currently prohibits fast food restaurants with drive through service windows, with a final revision date Of December 16, 2016 was considered. If approved, the site WOuld permit the COI1StRICtlOn Of fast food restaurants lvlth drive through Service Windows If all Other requirements are met. All other proffers remain the same. The properties arc located at the northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue), in the Shawnec District and is identified by Property Identification Nos. 64A-4-16A, 64A04-16, 64A-4-17, 64A-4-18, 64A-4-19 and 64A-4-20; and WHEREAS, the Planning Commission held a public hearing On this rezoning 011 March 15, 2017 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing On this rezoning On April 12, 2017; 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 amend the proffers front Rezoning 905-09 to permit the construction Of fast food restaurants With drive through service windows if all other requirements arc met with a final revision date of December 16, 2016. All other proffers remain the Sallie. The coIlditions voluntarily proffered In writing by the Applicant and the Property Owner Is attached. PDRes H13-17 -2- This ordinance shall be in effect on the date of adoption. Passed this 12th day of April, 2017 by the following recorded vote: Charles S. DeI-laven, Jr., Chairman Gary A. Lofton Bill M. Ewing Gene B. Fisher Blaine P. Dunn Robert W. Wells Judith McCann -Slaughter A COPY ATTEST Brenda G. Garton Frederick County Administrator PDRes #13-17 • • 0 GWEJ HOLDINGS, Rezoning #: Property: 2.85 acres PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 Recorded Owner: DMJ Holdings, L.L.C. Applicant: Mr. Mark Phelps DMJ Holdings, L.L.C. 345 Phelpsmore Road Winchester, Virginia 22602 Project Name: Original Date of Proffers: Revision Date DMJ Holdings, L.L.C. Route 50 & Custer Avenue Shawnee Magisterial District March 24, 2009 June 1, 2009 July 1, 2009 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0812002 �J • PROFFER STATEME - PARCEL IUs: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the is undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # n7� for the rezoning of parcels TM#'s 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 from RP to 132, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The applicant agrees to proffer the Generalized Development Plan (GDP) dated 7/01/09, identified as "Generalized Development Plan DMJ Holdings, L.L.C." and which is attached to the proffer statement, for the purpose of identifying the general configuration of the proposed parcel after consolidation, the location and form of the site access, the approximate location of interparcel access easements, and construction improvements to Route 781, Custer Avenue and Route 50, Millwood Pike. Please refer to the attached drawing named "GDP". 2.) Limitation of Future Development A specific use for the parcel has not been identified. The type of use can have a significant traffic impact on local roads and the function of nearby intersections. The Traffic Impact Analysis, which is a part of the rezoning application, incorporated the assumption that the parcel could be developed with a 60 room hotel along with a convenience store with 8 fueling positions. This assumption resulted in relatively high vehicle trip counts when compared to other uses allowed in the B2 zone. These trip counts were used to evaluate potential impacts to the local road network. The applicant agrees to limit any future use(s) of the parcel to those uses which will not generate in excess of 200 vehicle trips per hour during any hour. The determination of trip numbers will be accomplished during the site plan review based on the proposed use(s). Trip counts will be determined using the Institute of Traffic Engineers Trip Generation Manual, 7t" Edition. 3.) Improvements to Route 50 and Route 781 The applicant will make the necessary road frontage improvements, as required by the Virginia Department of Transportation; to Route 50, Millwood Pike, and Route 781, Custer Avenue, in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County during the site plan review process. Construction of the improvements will be completed prior to the occupancy of any new building on the site. The improvements will include: - page 2 • • PROFFER STATEME,. t' PARCEL Us: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 0 a) The design and construction of a right turn lane westbound on Route 50 with the appropriate length and taper ending in a right in/right out commercial entrance serving as the primary access to the site; b) The design and construction of a right turn lane southbound on Route 781 from a proposed right in only entrance to its intersection with Route 50; c) The design and construction of a raised median between travel lanes on Route 781 to prevent left turn movements into the right in only entrance described in "b" above; d) The design and construction of additional vehicle storage area in the existing left turn lane on eastbound Route 50; e) The design and construction of bicycle facilities along Route 50 in front of the site; f) The design and construction of pedestrian facilities linking Pembridge Avenue with proposed facilities in the Route 50 right of way. 4.) Inter -parcel Circulation and Access Th.e applicant agrees to provide easements which will permit access through the site from all points of right of way ingress and egress to and from the site to the parcels which share a common boundary line to the east and west. The approximate locations of the access points are shown on the GDP. The easements will be defined during the site plan process and recorded by the applicant upon approval by Frederick County and prior to the issuance of the first building permit issued for the site. 5.) Monetary Contribution to Frederick County Service Organizations The applicant will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue purposes the sum of $2,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. 6.) Monetary Contributions The applicant agrees to provide $5,000.00, for future transportation improvements within the Route 781 and Route 50 rights -of -way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property. 7.) Building Design New buildings shall be constructed using architectural styles and materials which are compatible with the surrounding neighborhood. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community. All building fagades shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for buildings. Roof materials shall be standing seam metal, architectural shingle, or other high quality material. Flat roofs shall be permitted only to the extent that rooftop mechanical units are screened from the view of .adjacent residences. Building height shall be limited to 35 feet as defined in the Frederick County Zoning Ordinance. page 3 • u PROFFER STATEME.. j' PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 8. Parcel Lighting 0 9 g The applicant recognizes that the illumination associated with future uses and improvements on the parcel could have an impact on the adjacent properties. In order to preclude any negative impacts, the applicant agrees to regulate the overall illumination level emanating from the parcel. At the same time, it is necessary to assure that public safety concerns will be satisfied from night time activity associated with future uses of the parcel. 1. Pole -mounted and wall -mounted luminaries shall meet the Illuminating Engineering Society (IES) criteria for "cut off' fixtures where the candela per 1000 lamp lumens does not numerically exceed 25 at or above an angle of 90 degrees above nadir. Pole -mounted and wall -mounted luminaries shall not exceed a height of 18 feet as measured from the adjacent ground surface. 2. Front -lighted, freestanding signs shall be lighted from the top, and aimed and/or shielded so that no more that 100 candelas per 1,000 lamp lumens are emitted above a line that is struck through the lamp center and extends at an angle of 80 degrees relative to nadir after the luminaries are in their finally -focused position. 3. Internally and rear -lighted freestanding signs shall be limited to the illumination of the sign letters or characters only. No luminous backgrounds shall be permitted. 9.) Parcel Usage The applicant agrees to prohibit the following uses (as listed in the Frederick County Zoning Ordinance) on the property: 1. Car Washes; 2. Fast food restaurants with drive through service windows; 3. Automotive dealers with outdoor display areas and gasoline service stations; 4. Model home sales offices; 5. Amusement and recreational services operated outdoors; 6. Self-service storage facilities; 7. Adult retail 10.) Preservation of Existing Vegetation Mature vegetation exists along the boundary between the parcel and adjacent residential lots. During the site plan process, the applicant will identify existing vegetation within the 25' inactive buffer which can reasonably be preserved and incorporated into the screening requirements as described by the Frederick County Zoning Ordinance. Any such vegetation will be shown within a "non -disturbance" area depicted on subsequent site plans. page 4 • • • PROFFER STATEML.. T PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: On Behalf of DMJ Holdings, L.L.C. City/County of ir�C,{lf , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this 30 day of K' , 200C N It ry Public l Notary Registration number: My commission expires: C e &Z 6P4 C On Behalf of Winchester Metals, Inc. City/County of W ', , The foregoing instrument was acknowledged aUC , 200 q X14- a No�gry Public Notary Registration number: l 1�-10 My commission expires: � U 4 r r Commonwealth Of Virginia. before me this OU day of page 5 Z O C) Z / / 1 Z � / / / EXISTING RESIDENTIAL LOTS ♦ O PRESERVATION OF E t EXISTING/ VEGETATION _ / IN 25' NACTIVE BUFF R C17 Tm#6 CARTER -15 / % / m `s v Z RESIDENTIAL / 4ZONING: RP 4Q / ~ \�5 9 / 3 -9 -+ � 0 / �� el �`OFa 50' CAT. "B" BUFFER ° s n m Aso. 25' INACTIVE BUFFER CD o s °° / BR[� I `� 25' ACTIVE BUFFER �. E• ° m \ FULL SCREEN CARROL Tu#64A-10L1_8 _ , / ` ZONING: 82 (P 7r / / / \ + VACANT o m / `d DMJ HOLDING rn a' a C `tom � TERPARCEL S ACCESS 1 LL i v v N L V/ e BICYCLE F ICILITIES ' EXISTING COMMERCIAL LOTS v 3 ~,;, ----s0 �— - - - - - L _ _ ' CARROLL I _ r T ZON NG: B2 A VACANT - OINTERPARCEL ACCESS m ) O m m vo� ��IrnrnV n = v O o ISn� sum Z .D s m � I1 j p m o r Z >L m o o co < v v L �co O D M O O e ^� PEDESTRIAN WALKS m ' ( al 1 ROUTE 781 _= ` ST SA �'O cU -ER q BEN RIGHT TU LANE AND TAPER FFp �Op/,(k 3a RIGHT IN/RI OUT ENTRANCE r3s q0 3c 4' RAISED ' $� SED MEDIAN 0 3b RIGHT TURN LANE 30 RIGHT IN ONLY ENTRANCE EXP SION OF LEFT TURN LANE STORA CAPACITY Q S�p��ODOA { O �/M 4s "IOU r� o s 1 • 0 s for t6t�. Vd,cjt(15 Shawnee Magisterial District Frederick County, Virginia March 24, 2009 Revised: July 2, 2009 Revised: August 15, 2016 Prepared for: DMJ Holdings, L.L.C. Mr. Mark Phelps 345 Phelpsmore Lane Winchester, Virginia 22602 Prepared by: EjAUUT fi;R-L[� YVIS, P.L—Gp 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 . email: office@painterlewis.com Job Number: 1603018 0 • • IMPACT ANALYSISf.,FEMENT • DMJ Holdings, L.L.C. IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section page L INTRODUCTION 2 A. SITE SUITABILI-f-Y 2 B. SURROUNDING PROPERTIES 3 C. TRAFFIC 4 D. SEWAGE CONVEYANCE AND TREATMENT 5 E. WATER SUPPLY 5 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL FACILITIES 5 1-1. HISTORIC SITES AND STRUC TURES 5 COMMUNITY FACILITIES 6 -1. J. LOT CONSOLIDATION 6 K. HOA MEETING RESULTS 6 IMPACT ANALYSIS S*s .. CEMENT DMJ Holdings, L.L.C. i.INTRODUCTION DM,t Holdings, L.L.C. (the applicant) proposes to rezone six parcels of land located on the north side of Route 50 at its intersection with muster Avenue in Frederick County, VA. The parcels (the site) are currently zoned RP (Residential Performance District) and are identified by the following Tax identification Numbers: Tan Map No. Area (acres) Ex. Zoning 9.1r. Zoning 64A-4-16A 0.0355 RP 132 64A-4-16 0.6887 IMP B2 64A-4-17 0.7504 RP 132 64A-4-18 0.6112 RP B2 64A-4-'i 9 0.5318 RP B2 64A-4-20 0.2311 RP B2 Total 2.85 The applicant is requesting to rezone the properties from RP, residential Performance District to 132, r3usiness General District.. The total area of the request is approximately 2.85 acres. Please refer to E)chlblt 't on the following page. The intended purpose of the rezoning is to enable the applicant to develop the site for commercial purposes. 0 A. SITE SUITABILITY The subject parcels are located at the northwest corner of Route 50 and Custer Avenue. The description of 132 zoning in the Frederick County Zoning Ordinance states that general business areas are located at major intersections, involve frequent and direct access by the general public, and should have direct access to major thoroughfares. All the other parcels fronting on this intersection are currently zoned B2 or contain commercial uses. This site is suited for rezoning to the Business General District. The Eastern Frederick County long Range Land Use Plan designates these parcels as "Business". The parcels are within the Urban Development Area and the Sewer and Water Service Area. If any existing wells and drainfields are identified on the properties, they will be located and appropriately abandoned at the time of development. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0115 B shows the subject area to be outside of any flood hazard zone. WETLANDS No wetlands have been identified on this site. As a result of the development of this site, construction activities will occur off site. In the event that construction will impact off site wetlands, the requisite permits will have to be obtained to allow disturbance of jurisdictional wetlands. 2 PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662-5792 CONSULTING Facsimile (540)662-5793 ENGINEERS Email office®pointertewis.com 10JECT: SWIM c.1.: NA PROPERTY REZONING MAP DRA P-�" BY: 09 No.: 0812002 DW HOLDINGS, LLC. moo, ��,DA FREDERICK COUNTY, VIRGINIA S„IM: IMPACT ANALYSIS S1 H fEMENT DMJ Holdings, L.L.C. STEEP SLOPES 9 According to the soil sun!ey information there are no steep slopes located Uri this site. The general elevation of the site is lower than the adjacent residential lots and therefore, the apparent height of commercial buildings will be minimized when viewed from the neighborhood. MATURE WOODLANDS There are no mature woodlands located on this site. SOILS According to the Soil Survey of Frederick County, the site contains the following soil types: • Blairton silt loam: 3C (7-15%) This soil is moderately deep, strongly sloping, and somewhat poorly drained. It is mostly found along heads of drainage ways and in broad upland depressions. • Weikert-Berks channery silt loams: 41 D (15-25%) This consists of shallow and moderately deep, moderately steep, well drained soils on side slopes and ridges. B. SURROUNDING PROPERTIES The parcels to be rezoned are bordered to the north by residential properties contained within the Pembridge Heights subdivision. The parcel to the west is residential. The • parcel to the east is zoned B2 and is vacant. The parcels directly across Route 50 to the south are all zoned B2. The following table lists all adjacent owners and parcel numbers. Tax Map No. Owner Ex. Zoning Ex. Use 64A-4-20A Carroll, James H. B2 Vacant 64A-10-1-B Carroll, James H. 82 Vacant 64A-10-1-153 Mendoza Espinoza, Armando RP Residential 64A-10-1-152 Pyle, Glenn RP Residential 64A-10-1-151 Needy, lvang RP Residential 64-A-93 Grove, Eugene F B2 Vacant 64A-10-1-145 Rhyne, Jerry & Julie RP Residential 64A-10-1-144 Zhan , Yuan Shun RP Residential 64A-4-15 Carter, Jan RP Residential 64-A-89A Marlow !nvestments, LC 62 Commercial 64A-A-13 Winchester Outdoor RP Commercial C. TRAFFIC The property is located at the signalized intersection of Custer Avenue and Route 50. According to the Frederick County Eastern Road Plan, Route 50 is designated as a six lane, divided, urban section. At the location of the site, Route 50 is generally a four lane, divided, rural section. Please refer to the existing conditions plan shown on Exhibit 2 on Cl • • IMPACT ANALYSIS S1 r- FENIENT DMJ Holdings, L.L.C. • the following page. There are no long range plans for altering Custer Avenue from its current configuration. Access to the site will be carefully planned to insure safe and efficient traffic flow. The site has frontage on both Custer Avenue and Millwood Pike, however, access from both rights of way could be problematic without thorough analysis. The future traffic patterns should be planned with consideration given to the adjacent commercially zoned parcel identified by Tax Map #64A-4-20B. While access to Custer Avenue would allow traffic exiting the site to utilize the existing traffic signal at Route 50, there appears to be insufficient stacking depth for southbound traffic. Therefore, the applicant is proposing a "right in" only from Custer Avenue that will serve only southbound traffic coming from the residential neighborhoods located to the north and east of the site. Please refer to the Location Map in Section 2 of this report. The primary access to the site is proposed to come from Route 50. Route 50 is a divided highway, therefore the access is proposed as a right in/right out only entrance. Interparcel access will be granted to the adjacent parcels (Tax Map #64A-4-20B and Tax Map #64A-4-15). This will provide the means to limit the number of access points on both Custer Avenue and Route 50. A Traffic Impact Analysis is contained in Section 7. The analysis was performed by Stowe Engineering, PLC. The TIA as presented is based on a build -out of the site which would include intensive traffic generators. The TIA assumes the construction of a 60 room hotel and a convenience store with eight fueling positions. These particular uses were proposed to achieve a high level of trips generated by the proposed site and thus to make provisions for street improvements that may result from the rezoning. According to figures from the Virginia Department of Transportation, the Average Annual Daily Traffic on Route 50, Millwood Pike, in 2004 in the vicinity of the site was 20,000 vehicles/day. Custer Avenue, Route 781, had an AADT of 1900 vehicles/day in 2004. The TIA shows that traffic that may result from the rezoning represents a minor portion of the projected traffic from existing and future developments. The TIA points out that there are now proffered improvements for the intersection of Route 50 and Prince Frederick Drive (Custer Ave.) that are associated with the Governors Hill project. With Phase 2 of the Governors Hill project the following improvements are proffered for the Route 50/Prince Frederick Drive intersection: t Construction of a second northbound left turn lane; s Extension of the storage for the northbound right turn lane; Extension of the storage for the eastbound left turn lane; e Extension of the storage for the westbound left turn lane. . The TIA recommends that additional improvements to this intersection be proffered in association with this rezoning that would include: 4 • i IMPACT ANALYSIS Sl,A f EMENT DMJ Holdings, L.L.C. Construct an additional southbound lane from the proposed entrance on Custer Avenue to Millwood Pike. This lane will serve as a right turn lane for south bound traffic. o Restripe the pavement on Custer Avenue at the intersection to delineate a right turn lane, and a combined through -left turn lane. The residents from the adjacent neighborhoods have expressed concern that the eastbound left turn lane is inadequate at times to provide vehicle storage. Potentially, this site could be developed before the Governors Hill project. Therefore, the Proffer Statement contains a commitment to increase the storage capacity of the left turn lane if required. Bicycle and pedestrian improvements will be constructed generally along the Route 50 frontage of the site. Pedestrian facilities will be constructed to link Pembridge Avenue with Route 50. Final design of these improvements will conform to the standards and requirements of the Virginia Department of Transportation and Frederick County. Please refer to the Proffer Statement. During the review of the TIA, concern has been raised that the U-turn movement at the Ryco Lane intersection with Route 50 may have significant impacts on westbound and eastbound traffic. Specifically, the concerns are 1) that traffic exiting the site will not be able to cross the westbound lanes of Route 50 safely to get to a position to make the U- turn to head eastbound, and 2) that the U-turn movement will create conflict with the eastbound traffic. The traffic engineer has evaluated the movement of vehicles which exit the site heading westbound and crossing both lanes to enter the left turn lane and has determined that this movement is functional. This evaluation has been attached to the end of the TIA in Section 7. The TIA states that at design year 2020, the peak hour U-turn movement at Ryco Lane is 32 VPH. The impact of these U-turn movements is mitigated by the existence of the center turn lane in Route 50 which provides protection for the vehicles and the upstrearn traffic signal which will provide gaps in the eastbound traffic into which these vehicles may make the U-turn movement, D. SEWAGE CONVEYANCE AND TREATMENT The site is inside the limits of the Frederick County Sewer and Water Service Area. The development would be serviced by the county sewer system. The location of the existing sewer lines is shown on Exhibit 3 on the following page. • 6 PE1013RIDGE EIVUE- LU I C.1 14 J t ! I SL9 _ _` ► -- t C/ — .J . 4� -44 AD ® Y': PAINTER-LEWIS, P.I x.�PROJECT: - NAR"EC5, 817 Cedar Creek Grade, Suite 120 EXISTING CONDITIONS EXHIBIT DRAWN BY: JOB NO.: P—L 0812002 L.L.C.inchester, Virginia 22601 DMJ HOLDINGS, 1_LSCALE: DATE: Telephone (540)662-5792 FREDERICK COUNTY, VIRGINIA ' =100.0 3/5/09 CONSULTING Facsimile (540)662-5793 SHEET: ENGINEERS Email office@pointerlewis.com N EXHIBIT 2 Li Q-1n IN � U CD ILLJ � KIN �--- I D ARgY� VE 08 780 Q Cr_' o D�NEC ` �Q LIJf- � 4 Cj m cn . COUR v � N DRI z O 4 , FLAN AGA _�- o� COURT 8„ 00 BRIDGE PE 1 STREET \ ,g &0 w ) = 2Ja INvd n1 a l\ 7I,_ O.�dy Ire M CO o � PAINTER-LEWIS, P.L.C. PROJECT/:, SANITARY 817 Cedor Creek Grade, Suite 120 SANI AR 1 SEWER EXHIBIT Winchester, Virginia 22601 DMJ HOLDINGS, !- LC. Telephone (540)662-5792 CONSULTING Facsimile (540)662-5793 FREDERICK COUNTY, kIRGINLA ENGINEERS Email office@pointerlewis.com NA DRAWN BY: JOB NO.: P-L 0812002 SCALE: DATE: 1'-600.0' 3/5/09 IMPACT ANALYSIS Sl fEMENT DMJ Holdings, L.L.C. E. WATER SUPPLY The site is inside the limits of the Frederick County Sewer and Water Service Area. The development would be serviced by the county water system. The location of the existing water lines is shown on Exhibit 4 on the following page. F. DRAINAGE According to Frederick County topographic mapping and the Frederick County Soil Survey this site has gentle slopes ranging from 2 percent to 25 percent. Storm water runoff generally toward the Route 50 right of way from west to east and passes under Custer Avenue in a culvert. With the development of this site a storm water management system would be implemented to control any added flow created by the increased impervious areas. G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash facility is located at the landfill on Sulphur Springs Road approximately two mile north and east of the site. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately 100 pounds of • solid waste per acre per day that will be transported to the landfill. Tipping fees are currently $45 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that $2,280 in tipping fees will be paid to dispose of 50 tons of solid waste annually. H. HISTORIC SITES AND STRUCTURES This site does not contain any historic or "potentially significant" historic structures as listed in The Rural Landmarks Survey Report of Frederick County. There are several "potentially significant sites" that lie within a mile of the site. The Rural Landmarks Survey Report lists several other structures within approximately one mile of the site as shown on Exhibit 5. A copy of the Civil War Battlefields and Sites map has been included on the following pages. The subject parcels do not lie on any Civil War Battlefield sites. I. COMMUNITY FACILITIES DEVELOPMENT IMPACT MODEL The Frederick County Development Impact Model (D.I.M.) is utilized primarily for • residential rezoning requests. It is anticipated that the capital facilities impacts of 0 Q ARgY DRY a 4z7 go c(_ zo DONEGAL CD U COURT Lj O QRIV Q FLANAGAN co I-' PEMgR,DGE� R g 3URT cO 0 s �• a Do Cb CO 0 0 14" CD h O Q cy_ �O� Cb 45 �~Q- _ CO I tiQ PAINTER-LEWIS, P.L..0c 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 r � _ Telephone (540)662-5792 i� 662-5793540il i acsme CONSULTING F( ) ENGINEERS Email office@pointerlewis.com L a �n •o' Q O o dI PROJECT: SURVEY: �A WATER DIS'YRIBLMON UH18rr DRAWN BY: JOB NO: P-L 08)2002 DMJ HOLDINGS, L.I.C. SCALE: DATE: FREDERICK COUNTY, VIRGINIA SHEET: 3/5/0-9 IMPACT ANALYSIS , , (EMENT • DMJ Holdings, L.L.C. • commercial and industrial rezoning requests are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriff's Department. The nearest fire and rescue facility is the Millwood Station Volunteer Fire and Rescue Company located on Costello Drive. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that there will not be any projected capital cost for emergency service facilities attributable to this development. The owner recognizes the importance of emergency services, and proposes to proffer a monetary contribution to the local emergency responder. See the attached Proffer Statement. PARKS AND RECREATION There are typically no impacts on Parks and Recreation facilities associated with rezoning to a commercial use. J. LOT CONSOLIDA T ION • Exhibit 6 on the following page shows the total site proposed for rezoning in a consolidated form. Consolidation will eliminate interior lot lines. Access easements will be created to preserve access to the adjacent parcels. K. HOA MEETING RESULTS A meeting with members of Pembridge Heights and Raven Wing home owners associations took place on May 28, 2009 at the home of Ralph and Elyse Pritchett. Pembridge Heights owners included the Pritchetts, Adrienne Hayes, and James Davern. Raven Wing owners included Howard Miller, James Oakes, Frank Lucostic, Pat Meyer, and Henry Noble. The meeting resulted in a number of concerns that can be categorized as concerns associated with existing conditions and concerns associated with conditions which would arise with a change in the zoning. CONCERNS ASSOCIATED WITH EXISTING CONDITIONS Traffic at the intersection of Custer Avenue and Route 50 is currently a concern. Discussion at the meeting resulted in the identification of four specific deficiencies associated with the intersection: 1) The turn signal cycle for the southbound lane on Custer Avenue seems to be too Sshort to allow a sufficient number of vehicles through the intersection per cycle. • IMPACT ANALYSIS S'► , , FEMENT DMJ Holdings, L.L.C. 2) The southbound lane on Custer Avenue in the area of the intersection with Route • 50 is in need of pavement repair. 3) A right turn lane should be added to Custer Avenue southbound to allow continuous right turn movement. 4) The vehicle storage area for left turns on Route 50 eastbound is not adequate. The applicant will address concerns 1, 2, and 3 by a commitment to add a right turn lane northbound on Custer Avenue. This will result in a repair of the existing pavement and allow more vehicles to pass through the intersection during each signal cycle. As pointed out in the Traffic Impact Analysis, the Governors Hill project has already committed to increase the vehicle storage capacity of the left turn lane east bound on Route 50. However, the applicant will commit to providing this improvement, and therefore address concern 4, in the case when the subject property is developed before the Governors Hill project. Please refer to the Proffer Statement in Section 7. CONCERNS ASSOCIATED WfTHA CHANGE TO B2 ZONING Discussion at the meeting resulted in the identification of nine specific concerns associated with the proposed zoning change. 1) If a "destination use", such as a fast food restaurant, is developed on the site, . there will be an unacceptable increase in traffic from the Senseny Road area associated with local trips. 2) A "white table cloth" restaurant is an acceptable use. A fast food or high turnover restaurant with drive -through service will be a source of noise, odors, and trash. 3) A commercial establishment will result in light glare impacting the residential neighborhood. 4) Freestanding signs may be illuminated to the point that the glare is offensive. 5) New buildings should be constructed from materials which are attractive and compatible with the adjacent residential uses. 6) The height of new buildings should be limited to decrease impacts on the adjacent residential uses. 7) Existing vegetation along the site perimeter should be preserved if possible. 8) Automobile sales establishments with outdoor sales areas should be eliminated as potential uses. 9) Lodging establishments with outdoor swimming pools should be eliminated as potential uses. Q The applicant will address concerns 1 and 2 by prohibiting the site from being used for fast food or high turnover restaurants with drive -through service. Additional uses deem incompatible will be prohibited. 0 • IMPACT ANALYSIS S) .. i"EMENT • DMJ Holdings, L.L.C. * Concern 3 is already regulated under the current guidelines in the Frederick County Zoning Ordinance. To further ensure against excessive glare, the applicant will restrict parking lot pole lights to 18' total, maximum height as measured from the ground surface. Wall mounted lights will be shielded to result in downcast lighting only and limited in their height above the ground surface. o The applicant will address concern 4 by ensuring that lighting sources for free standing signs shall be shielded, external, and directed only at the sign itself. Internal illumination of the free standing signs is acceptable only if the sign letters or characters themselves, not the background, are illuminated. The applicant will address concern 5 by ensuring that compatible materials will be used in the external finishes of buildings. Multiple buildings will be required to exhibit a common architectural appearance. Roof top mechanical units will be screened from the view of the adjacent residential uses. The applicant will address concern 6 by eliminating the height exception for hotels and office buildings as currently allowed in Section 165-24-B-(6) of the Frederick County Zoning Ordinance. The applicant will address concern 7 by establishing a "non -disturbance area" within the buffer adjacent to the residential uses where it is practical to preserve existing vegetation. The applicant will address concern 8 by prohibiting the site from being used for automotive dealers with outdoor display areas and gasoline service stations. • No prohibition on outdoor swimming pools has been added to the proffer statement. Outdoor pools would typically be associated with public lodging facilities. These facilities impose hours of operation to insure that the guests are not disturbed from their sleep. These types of pools generally seem to experience limited usage. Please refer to the Proffer Statement in Section 7. 0 � 1 Q_ 1 l i I`-- .l . 1. 0 1 MILE RADI CEt TER 11 i 7** FROM SITE "i HISSjORICAL. PROPOrL-KEY 8 - UNIDENTIFIED 199 - BARR HOUSE U n < 417 - JOHN CARPER HOUSE- 418 - HOUSE, ROUTE 657 0 1213 r 423 - BRAITHWAITE HOUSE _J W FT- {-_ 424 - GARBER FARM Z � 430 - ROSENBERGER FARM-- (n 462 - PINGLEY HOUSE ty O 463 - STORE, RT 522 ® OLD RT 645 Z (•� Q_ L) 464 - BEAVER HOUSE 465 - GOTHOIC REVIVAL HOUSE, BEAVER PROPERTY —j 1 1129 - CARPER-WYNN HOUSE" _) U 4-- 1176 - HEISHLAND HOUSE I C) & W In -F'mwf D y L Q ��- NOTE: • INDICATES A POTENTIALLY O 'f SIGNIFICANT SITE AS DENOTED BY d THE RURAL LANDMARKS —� SURVEY REPORT OF FREDERICK COUNTY O c E o O N 0 +n •- cD � In V rn r` T i v1 IN 'n 1 3 N N 66 to c rna a n f__., rra - v v U 0 y r E ` W O O U C r E W i co Z J W W NZ 0 Z u SURVEY C.1.: pj NA NONE DRAWN BY: JOB NO.: 1200 0 1200 JLF 0812002 SCALE: DATE: - 1-=1200' 03/05/09 Scale 1' = 1200 ft SHEET: D(HIBR 5 1 CIVIL WAR SITES 11F!rst Battle of Kernstown I, 2 First Battle of Winchester Battle of Winchester I�— -3�Second (_4 Ea acement at Rutherford's Farm Battle of Kernstown i5'`econd 6 Third Battle of Winchester 1 7 9attle of Cedar Creek 8 Star Fort Cullier �91Fort 101Parkin5 Mill Batter I �11 Car strook Redoubt Ili119th Corps Line 13'Hilandele Earthworks/1664-65 Line 14 Zi -Zaa Trenches 0�� Battlefield I;w Fortification/Entrenchment 1� _�J/ 41' 0 2 4 rn �-k to t & DvvttOP�„t Civil War Battle elds and Sites Sir�tlt l Y hD I �` h"` v"D"° (As Defined by the NPS Shenan nah Vallry Civil War Sites Stud)) ---_--J 12-10-97 I 0, PAINTER-LEWIS; P.i IL?' 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 j Telephone (540)662-5792 CONSULTING Facsimile (540)662-5793 ENGINEERS Email office@painterlewis.com PROJECT: LOT CONSOUDA 1ON EXHIBIT DMJ HOLDINGS, L.L.C. FREDERICK COUNTY, VIRGINIA S�URVEY: C.I r.: NA DRAWN BY: J0B No.: P-L OB12002 SCALE: DATE: 1'-100.0' 6/1/09 SHEET: • REZONING APPLICATION FOR117 F'REDERICK COUNTV, VIRGINIA. To be completed by Planning Staf: Fee Amount Paid Zoning Amendment Number 0 1 - I Date Received �, n PC Hearin S� g Date,) BOS Hearing Date �� tI_�_� I �7 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, Vdincliester. 1. Applicant: Name: DMJ HOLDINGS, L.L.C. Telephone: 540 667 9000 Address: c/o PAINTER-LEWIS, P.L.C. 817 CEDAR CREEK GRADE, SUITE 120 WINCHESTER, VA 22601 2. Property Owner (il'different than above): Name: WINCHESTER METALS Address: 345 PHELPSMORE LANE WINCHESTER, VA 22602 3. Contact person if other than above: Name: JOHN C. LEWIS, P.E. Telephone: 540 667 9000 Telephone: 540 662-5792 4. Property Information: a. Property Identification Number(s): 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 b. Total acreage to be rezoned: "PROFFER AMENDMENT -REZONING 1i05-09 C. 'Total acreage of the parcel(s) to be rezoned (if the entirety of the parce](s) is not being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: B-2 C. Proposed zoning designation(s) and acreage(s) in cacti designation: f. Magisterial District(s): SHAWNEE • 12 S. Checklist: Check the following items that have been included with this application. Location map Agency Comments ❑ Plat _ v' _ Fees Deed to property �1 _ Impact Analysis Statement — v l Verification of taxes paid _ _ Proffer Statement 41 Plat depicting exact meets and bounds for the proposed zoning district e� Digital copies (pdf's) of all submitted documents, maps and exhibits b 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 7. Adjoining Property: PARCEL ID NUMBER USE ZONING see attached sheet S. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): The property is located at the northwest corner of the intersection of Route 50 and Custer Avenue. M 13 0 • • • 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of' Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial: Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at to"%� the front property line at least seven clays prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): J Owner(s): • 14 Date: Date: Date: Date: a �V� IMPACT ANALYSIS I PIATEMENT DMJ Holdings, L.L.C. ADJOINING PROPERTIES i The parcels to be rezoned are bordered to the north by residential properties contained within the Pembridge Heights subdivision. The parcel to the west is residential. The parcel to the east is zoned B2 and is vacant. The parcels directly across Route 50 to the south are all zoned B2. The following table lists all adjacent owners and parcel numbers. (Redlines indicate change from July 16, 2009 submittal) Tax Map No. Owner Ex. Zordriq Ex. Use 64A-4-20A Carroll, James H. B2 Vacant 64A-10-1-B Carroll, James H. B2 Vacant 64A-10-1-153 Mendoza Espinoza, Armando RP Residential 64A-10-1-152 Pyle, Glenn RP Residential 64A-10-1-151 Needy, Ivang RP Residential 64-A-93 Grove, Eugene F B2 Vacant 64A-10-1-145 Rhyne, Jerry & Julie RP Residential 64A-10-1-144 Zhan , Yuan Shun RP Residential 64A-4-15 Carter, Jan RP Residential 64-A-89A Marlow Investments, LC B2 Commercial 64A-A-13 Winchester Outdoor RP Commercial 9 cK h Special Limited Power of Attorney o a County of Frederick, Virginia Frederick Planning Website: www.fcva.us :1f7wt.A � Department of Planning & Development, County of Frederick, Virginia _l 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name)`` �`�'= 75 (Phone) r��6) 7 - of eo U (Address)2 , VA2 2 l b the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. P B ZJ.3 on Page5, and is described as Parcel: gyp, Lot: - f--- Block: 4- Section: Subdivision: do hereby make, constitute and appoint: (Name) L, �/S (Phone) — 54 d lcl ,�" (Address) % -7 �% ,'.._' ..�� /� ,Z iI ", ;- - �- , , ,-� To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and � authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: i his authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof,111(we),have her7v-,A,- (our) hand and seal this �� day of k Est , 20 1 b , Signature(s) State of Virginia,'/County of , c-K , To -wit:,, I, �1 �C�-�OC•rc� P7- �(�� '�= �fS- �„a,&tary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to they fdr�,I pgstnapent personally appeared before me and has acknowledged the same before mein the juris¢1c,�+n j�e,ait32 day of /Au_,_rk , 20 L(. 1� i ) '_•• ''rJ;;t�r�`.' ?' � - (jam Expires: ` 1 ��J aC� I Notary Public = �� —� n ,0 ��rrrurrN REZONING APPLICATION #01-17 DMJ HOLDING, L.L.C. Staff Report for the Planning Commission Prepared: March 6, 2017 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Planning Commission: 02/15/17 03/15/17 Board of Superwisors: 04/12/17 Action Application sent to Public Hearing Pending Pending PROPOSAL: To revise proffers associated with Rezoning 1105-09. This proffer amendment proposes to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the construction of fast food restaurants with drive through service windows if all other requirements are met. All other proffers remain the same. LOCATION: The properties are located at the northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/15/17 PLANNING COMMISSION MEETING: This is an application to amend the proffers from Rczomng 05-09 for 2.85 acres of land. This proffer amendment seeks to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the construction of fast food restaurants with drive through service windows if all other requirements and conditions are met. The properties are located within the UDA and SWSA and are designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The site is located in the area covered by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a commercial designation with a transition back into the surrounding residential land uses. Staff would note that the approved proffer currently limits any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from the 2009 approval. It should be noted that a fast food restaurant with a drive through could max out the hourly trip cap which would leave the remainder of the property undevelopable. The Planning Commission discussed this application at their meeting on February 15, 2017; the Commission voted to reschedule the application and hold a 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 # 01-17 DMJ Holdings, LLC March 6, 2017 Pagc 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 02/15/17 03/15/17 Board of Supervisors: 04/12/17 Action Application sent to Public Hearing Pending Pending PROPOSAL: To revise proffers associated with Rezoning #05-09. This proffer amendment proposes to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the construction of fast food restaurants with drive through service windows if all other requirements are met. All other proffers remain the same. LOCATION: The properties are located at the northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, and 64A-4-20 PROPERTY ZONING: 132 (General Business) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) South: 132 (General Business) East: 132 (General Business) Use: Residential Use: Commercial Car Lot Use: Vacant West: RP (Residential Performance) Use: Residential Rezoning # 01-17 DMJ Holdings, LLC March 6, 2017 Page 3 REVIEW EVALUATIONS: Vii•14inia Dept. of Transportation: Our District Planning Section has reviewed the DMJ Holdings, LLC Rezoning and Proffer Amendment and offer the following recommendations: The rezoning application for the DMJ Holdings LLC Proffer Amendment elated August 15, 2016 generally utilized the previously approved proffers with minor edits to permit fast food restaurants with drive through use on the property. The transportation improvements proffers as developed from the recommendations of the previously Submitted TIA in 2009 have been maintained with the Proffer #2 "Limitation of Future Development", which is unchanged from the originally approved proffers, set a property development cap of 200 site generated trips per hour during any hour of the day (based on ITC trip rates). The proposed fast food with drive through lane use (ITE code 934) with a 4,000 square feet gross floor area will exceed this cap in the AM peak hour ofthe generator. Therefore, as the proffers are currently written, if the proposed fast food land use is developed, the remainder of the property will be undevelopable in the future. Please advise. Should the Applicant choose to revise the proffers to permit additional development of the property, given the age of the original TIA and change in development intensity, VDOT Staunton District Planning recommends the preparation of an updated TIA to support the proffer amendment. During the June 28, meeting between VDOT and the developer/property owner at the Edinburg Residency, coordination with the adjacent property owner (additional B2 zoning) to real i gn/i rnprove Custer Avenue and Pembridge Avenue in order to improve access opportunities to the commercially zoning properties was discussed. Did this outreach take place and were improvements considered? Frederick County Attorney: Please see attached lellerfi•om Roclerick B. Williams, Counly Attorney, dated September 12, 2016. Planning & Zoning: I) Site History The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the five parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R-2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the County's Zoning Ordinance. On October 14, 2009 the Board of Supervisors approved Rezoning 905-09 which rezoned the properties to the B2 (General Business) District with proffers. 2) Comprehensive Policy Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key Rezoning 01-17 DMJ Holdings, LLC March 6, 2017 Page 4 components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use. The properties are located within the UDA and SWSA and are designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The site is located in the area covered by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a commercial designation with a transition back into the surrounding residential land uses. Trans )OTlallon and Access. Site access is proposed to be provided from two locations. Primary access to the site is via Route 50 and a secondary access point is proposed to be provided from Route 781 (Custer Avenue) via a modified commercial entrance onto Route 781 generally using the existing right- of-way across the properties frontage. The Route 50 entrance would be in the form of a right in right out only entrance, the Route 781 entrance would be right in only. Staff would note that the proffer currently limits any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from the 2009 approval. VDOT has expressed concern that a fast food restaurant with a drive through would max out the hour trip cap which would leave the remainder of the property undevelopable. 3) Proffer Statement — Dated March 24, 2009; revised December 6, 2016: Generalized Development Plan (unchanged) Proffers 2-8 remain unchanged 9. The Owner agrees to prohibit the following uses (as listed in the Frederick County Zoning Ordinance) on the property: 1. Car washes Fast-food r-estfr-i writs-ri4tivd"-tire-41rr-rrrglt-stwfee--r htdow-(removed) 3. Automotive dealers with outdoor display and gasoline service stations 4. Model ]home sales offices 5. Amusement and recreational services operated outdoors 6. Self -storage storage facilities 7. Adult retail Proffer 10 remains unchanged Rezoning # 01-17 DMJ Holdings, LLC March 6, 2017 Page 5 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/15/17 MEETING: Following the staff presentation of the application, a Commission Member commented that they do not agree that the revision is minor and feels this should go to Public Hearing and allow the neighbors to have a voice, considering the traffic, noise, odors, etc. this will create. The Commission Member inquired was the increase in traffic the only parameter looked at. Staff explained, when reviewing the allowance that is built into the zoning ordinance per the State Code this met those allowances to be considered a minor proffer amendment. The previous rezoning did not have any limitations on the hours of operation and it already allowed for a fast food restaurant and the only addition is the allowance for a drive through and it did not increase the maximum cap on the traffic, it still fell under the minor proffer amendment standards. "Three Commission Members inquired how the 200 trips per hour are monitored. Staff explained this would be done through the site plan process and based on the trip generation manual; the use the Applicant is proposing along with the building square footage would have to equate to no more than 200 vehicle trips. Staff noted the only enforcement would be prior to the final approval and based on the square footage what it would generate based on the manuals. A Commission Member commented this should be a Public I-Iearing so the neighbors have the opportunity to voice concerns, as trips could reach 400. Staff noted the potential would still exist under the previous rezoning because multiple buildings could have been constructed and still would have equated to the certain number of trips per day based on the manual. A Commission Member commented If adding the drive through component will there be some type of protection for the neighbors from traffic headlights. Staff noted under the site plan, landscaping would have a 36 inch evergreen hedge screening for anything that would generate impacts to lighting. John Lewis of Painter -Lewis, P.L.0 representing the Applicant came forward. Mr. Lewis presented a brief overview; since 2009 the original rezoning in which the use of a fast food restaurant was proffered out, the only interest brought forward has been for fast food. I-Ie continued, when originally rezoned there was concern from neighbors about a fast food restaurant at which time the owner decided to remove that option. Mr. Lewis explained regarding the trip limitations in the 2009 rezoning there was a 200 peak hour trip limit also, and at that time there was no concern raised on enforcement of this. I-Ie noted the reason for this rezoning is there has not been any interest in the parcel other than a fast food restaurant. Mr. Lewis continued they met with the I-IOA in 2009 and that is how the original proffers were crafted; this time they have tried to contact the I-IOA and have not heard from anyone, therefore they sent letters to seven adjoining neighbors and they have received a response from one. A final point made by Mr. Lewis is the current zoning ordinance has design standards all of which still apply to this rezoning. A Commission Member commented lie agrees it will be highly unlikely a fast food restaurant would exceed the 200 trips in this area. Another Commission Member commented he finds it concerning that in 2009 it was rezoned because adjoining homeowners did not want a fast food restaurant with a drive through and now without giving anyone the opportunity to comment we would then remove this proffer to allow the drive through. It was reiterated by a Commission Member that he would be comfortable if this item were brought back before the Planning Commission as a Public Hearing. A motion was made, seconded, and unanimously passed to recommend postponement and a Public Hearing to be held of REZ #01-17 for DMJ Holdings L.L.C. Rezoning g 01-17 DMJ 1-Ioldings, LLC March 6, 2017 Page 6 Absent: Mohn, Dunlap EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/15/17 PLANNING COMMISSION MEETING: This is an application to amend the proffers from Rezoning 1/05-09 for 2.85 acres of land. This proffer amendment seeks to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the construction of fast food restaurants with drive through service windows if all other requirements and conditions are met. The properties are located within the UDA and S WSA and are designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The site is located in the area covered by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a commercial designation with a tI'ansition back Into the Surrounding residential land uses. Staff would note that the approved proffer currently limits any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from the 2009 approval. It should be noted that a fast food restaurant with a drive through could max out the hourly trip cap which would leave the remainder of the property undevelopable. The Planning Commission discussed this application at their meeting on February 15, 2017; the Commission voted to reschedule the application and hold a public hearing. A recommendation re,Qarrling this rezoning application to the Board of Supervisors would he appropriate. The Applicant should he prepared to adequately address all concerns raised by the Planllill,kT Commission. COUNTY of FREDE'RICK �v�� r r� , � ..,�a.u.. a_.,.,,.R.._,..a.M.._....,.,.....—. ;...,..,__..._�....k... �.:., w,...v.ti��...�.n...L,.,.R �.o..._�.,.....,....._........�.,.�... _,-�...,........... : ..�.�....k.. Roderick 11. Wiiliams ,WI;, County Attcrney 540/722-8383 Fax 540/667-0370 E-mail: rwilliaC�co.frederick.va.us September 12, 2016 VIA E-MAIL — officennainterle`vis:com _ AND IR1<±.GIJLAR MAIL Mr, Jolm Lewis Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Re: DMJ Holdings; LLC — Route. 50 and Custer Avenue — Proposed Rezoning — Proffer Statement dated August 15, 2016 Dear Johri: You have submitted to Frederick County for review the above proposed proffer statement (the "Proffer Statement") for the proposed rezoning of 2.85f acres constituting the property of DMJ Holdings, LLC and others, Pareel .1dcntification Numbers 64A-4=16, 64A-4-16A, 64A-4-17, 64A-4-18, 64A-4-19, and 64A-4-20 (colleciively,.thb "Property"), in the Shawnee Magisterial District, from the B2 (Business General) District, with proffers, to the 132 (Business General) District, with revised proffers. I have now reviewed the Proffer Statement and it is my opinion that tlic Proffer Statement Nvould be in a form to n-leet the requirements of. the Frederick County Zoning Ordinance and the ffi Code of Virginia, and would be legally sufficientas a proffer statement, Subject to the . following comtnents: Consistent with the inclusion of Winchester Metals, Inc; as a signatory .to the Proffer Statement and my cornment in connection with the 2009 rezoning of the Property, it would be appropfidtc for the cover page of the Proffer Statement to show both DMJ I-loldings, .LLC and Winchester Metals, Inc. as the record o«aiers. Also, consistent with a more recent best practice the County .is following for proffer statements, the references in the Proffer .Statement to the "applicant" should be to the "owners". 2. Proffer 2 —The first five sentences provide only Background information and are unnecessary for inclusion in the Proffer Statement. On page 5, in the last paragraph, the second line, "even" should be "event". 107 north Kent Street s Winchester, Virginia 22601 Mr. John Lewis September 12, 2016 Page 2 I have riot reviewed the substance of the profferss as fo Whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. 5i "yj?, Roderick B. Williams County Attorney . cc: Candice E. Perkins; AICP, Assistai ht Direcfor ofPlanihing and Devel6prilent 7N -/ 123 E Z # 01 - 17 I07 .22 , ETNAM Si I. AM Si �J` @URENDON CT MJ Holdings, LLC vS: Its A - 4 - 16,64A - 4 - 16A, 64A - 4 -17 12 ETNAMST A - 4 - 18,64A-4- 19,64A-4-20 • ETNAM Si after Amendment Ios ; CURENDON CT ning Mop � 127 ETNAN 107 � CURENDON CT 1191 MILLWOOD 126 PIKE ETNAM Si .r -c 12a ETNAM ST It9t MILLWOOD ►IKE I70 ETNAM Si I6 M I. 41A Is 64A 4 19 _ t \ 64A 120 � Applications Parcels Sewer and Water Service Area Building Footprints B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) C HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) 4W MH1 (Mobile Home Community District) 4' MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) M 'wt.♦ \ -A y 's 50 }1�41rTEnAvtt REZ # 01 - 17 Note: Frederick County Dept of DMJ Holdings, LLC Planning & Development PINS: 107 N Kent St e 64A - 0 - 16. 64A - 4 - 16A. 64A - 4 - 17. Suite 202 64A - 4 - 18. 64A - 4 - 19. 64A - 4 - 20 Winchester. VA 22601 Proffer Amendment 540 - 665 - 5651 Zoning Map Map Created: January 10, 2017 Staff: cperkins 0 50 100 200 Feet I1oa RENDON C1 ,f • 107 ' Ar CUIRENDOONW f 4. i J a � 50 A �n1_ lr7l l ' � j•,1yr� Applications Parcels Sewer and Water Service Area Building Footprints ' J 11P a REZ ^0 1 - 1 , REZ #01- 17 f ` -i r t • er REZ #0If ' ' a� M � t - °4jhcF'0* v m i R n p y m `�jtyt� rJo REZ # 01 - 17 Note: Frederick County Dept of DMJ Holdings, LLC Planning & Development PINS: 107 N Kent St 64A - a - 16. 64A - a - 16A. 64A - 4 - 17, Suite 202 e 64A - a - 18. 64A - 4 - 19. 64A - 4 - 20 Winchester. VA 22601 Proffer Amendment 540 - 665 - 5651 Location Map Map Created: January 10, 2017 Staff: cperkins 0 50 100 200 Feet !C 7 0 N 50 ` .,pphcatons Parcels Sewer and Water Service Area Building Footprints Long Range Land Use Residential �sS; Neighborhood Village Urban Center • Mobile Home Community Q Business O Highway Commercial Mixed -Use Mixed Use Commercial/Office 0 Mixed Use Industnal/Office Industrial ® Warehouse 40111111, Heavy Industnal Q Extractive Mining 1 Commercial Rec Rural Community Center ® Fire & Rescue 0 Sensitive Natural Areas ® Institutional • Planned Unit Development Park �OT71 Recreation School Employment Airport Support Area O B2163 t::D Residential 41 ti High -Density Residential 6 uia High -Density Residential 12-16 u/a ORural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation OEnvironmental & Recreational Resources 1 • � A fj•• �A` , �•� �Ajj�1 REZq#01' 17 • ••••••• • • • ��i�i�•� mill Pf C I 11 REZ #_ 17 \` REZ #01-17 .•`'R REZ#O l - 1�All Mid _ � �• �: REZ # 01 - 17 Note: Frederick County Dept of DMJ Holdings, LLC Planning & Development PINS: 107 N Kent St 64A - 4 - 16. 64A - 4 - I6A, 64A - a - 17. Suite 202 e 64A - 4 - 18, 64A - 4 - 19, 64A - 4 - 20 Winchester, VA 22601 Proffer Amendment 540 - 665 - 5651 Long Range Land Use Map Map Created: January 10, 2017 Staff: cperkins 0 65 130 260 Feet • 0 DMJ HOLDINGS L.L.C. WINCHESTER METALS, INC. ROUTE 50 & CUSTER AVENUE Amended Proffer Statement Original Rezoning #: 05-09 Property: 2.85 acres PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 Owner: DMJ Holdings, L.L.C. Winchester Metals, Inc. Mr. Mark Phelps 195 Ebert Road Winchester, Virginia 22603 • Project Name: DMJ Holdings, L.L.C. Route 50 & Custer Avenue Shawnee Magisterial District Original Date of Proffers: March 24, 2009 Revision Date: June 1, 2009 July 1, 2009 August 15, 2016 December 6, 2016 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 1603018 0 Cl PROFFER STATEMENT PARCEL Us: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned owner proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of parcels TM#'s 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 from RP to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The owner agrees to proffer the Generalized Development Plan (GDP) dated 07/01/09, identified as "Generalized Development Plan DMJ Holdings, L.L.C." and which is attached to the proffer statement, for the purpose of identifying the general configuration of the proposed parcel after consolidation, the location and form of the site access, the approximate location of interparcel access easements, and construction improvements to Route 781, Custer Avenue and Route 50, Millwood Pike. Please refer to the attached drawing named "GDP". 2.) Limitation of Future Development The owner agrees to limit any future use(s) of the parcel to those uses which will not generate in excess of 200 vehicle trips per hour during any hour. The determination of trip numbers will be accomplished during the site plan review based on the proposed use(s). Trip counts will be determined using the Institute of Traffic Engineers Trip Generation Manual, 9tn Edition. 3.) Improvements to Route 50 and Route 781 The owner will make the necessary road frontage improvements, as required by the Virginia Department of Transportation, to Route 50, Millwood Pike, and Route 781, Custer Avenue, in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County during the site plan review process. Construction of the improvements will be completed prior to the occupancy of any new building on the site. The improvements will include: a) The design and construction of a right turn lane westbound on Route 50 with the appropriate length and taper ending in a right in/right out commercial entrance serving as the primary access to the site; b) The design and construction of a right turn lane southbound on Route 781 from a proposed right in only entrance to its intersection with Route 50; c) The design and construction of a raised median between travel lanes on Route 781 to prevent left turn movements into the right in only entrance described in "b" above; page 2 `J • PROFFER STATEMENT PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 d) The design and construction of additional vehicle storage area in the existing left turn lane on eastbound Route 50; e) The design and construction of bicycle facilities along Route 50 in front of the site; f) The design and construction of pedestrian facilities linking Pembridge Avenue with proposed facilities in the Route 50 right of way. 4.) Inter -parcel Circulation and Access The owner agrees to provide easements which will permit access through the site from all points of right of way ingress and egress to and from the site to the parcels which share a common boundary line to the east and west. The approximate locations of the access points are shown on the GDP. The easements will be defined during the site plan process and recorded by the owner upon approval by Frederick County and prior to the issuance of the first building permit issued for the site. 5.) Monetary Contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue purposes the sum of $2,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. 6.) Monetary Contributions • The owner agrees to provide $5,000.00, for future transportation improvements within the Route 781 and Route 50 rights -of -way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property. 7.) Building Design New buildings shall be constructed using architectural styles and materials which are compatible with the surrounding neighborhood. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community. All building fagades shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for buildings. Roof materials shall be standing seam metal, architectural shingle, or other high quality material. Flat roofs shall be permitted only to the extent that rooftop mechanical units are screened from the view of adjacent residences. Building height shall be limited to 35 feet as defined in the Frederick County Zoning Ordinance. 8.) Parcel Lighting The owner recognizes that the illumination associated with future uses and improvements on the parcel could have an impact on the adjacent properties. In order to preclude any negative impacts, the owner agrees to regulate the overall illumination level emanating from the parcel. At the same time, it is necessary to assure that public safety concerns will be satisfied from night time activity associated with future uses of . the parcel. page 3 • PROFFER STATEMENT PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 is 1. Pole -mounted and wall -mounted luminaries shall meet the Illuminating Engineering Society (IES) criteria for "cut off' fixtures where the candela per 1000 lamp lumens does not numerically exceed 25 at or above an angle of 90 degrees above nadir. Pole -mounted and wall -mounted luminaries shall not exceed a height of 18 feet as measured from the adjacent ground surface. 2. Front -lighted, freestanding signs shall be lighted from the top, and aimed and/or shielded so that no more that 100 candelas per 1,000 lamp lumens are emitted above a line that is struck through the lamp center and extends at an angle of 80 degrees relative to nadir after the luminaries are in their finally -focused position. 3. Internally and rear -lighted freestanding signs shall be limited to the illumination of the sign letters or characters only. No luminous backgrounds shall be permitted. 9.) Parcel Usage The owner agrees to prohibit the following uses (as listed in the Frederick County Zoning Ordinance) on the property: 1. Car Washes; 2. (Fast food restaurants with drive through service window) REMOVE 3. Automotive dealers with outdoor display areas and gasoline service stations; 4. Model home sales offices; 5. Amusement and recreational services operated outdoors; 6. Self-service storage facilities; • 7. Adult retail 10.) Preservation of Existing Vegetation Mature vegetation exists along the boundary between the parcel and adjacent residential lots. During the site plan process, the owner will identify existing vegetation within the 25' inactive buffer which can reasonably be preserved and incorporated into the screening requirements as described by the Frederick County Zoning Ordinance. Any such vegetation will be shown within a "non -disturbance" area depicted on subsequent site plans. • page 4 0 El • 0 PROFFER STATEMENT PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Respectfully submitted by: On Behalf of DMJ Holdings,-L.L.C. City/County of �—�,r'Y� , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this '-�day of 20 i ? Notary Public Notary Registration number: My commission expires: On Behalf of Winchester Metals, Inc. City/County ofI , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this I_�_ day of Notary Public Notary Registration number: My commission expires: 0 r:)- r) page 5 `,�IIIIIII�,I, MY �e`i l� •� n; COMMISSION = n NUMBER 7532024 IoIIC LTO 1111011 EXISTING RESIDE(AL LOTS ""o // // / I - \ O PRESERVAT ON OF > \ EXISTwCy VEGETATION / CARTER i / / IN 25' NACTIVE BUFF R TMp64A-4-15 v Z ZONING: RP �� / �25• G/ RESIDENT1Al / �J4` L r �,\ Rb�°£ SOCAT. "B BUFFER o s a h �So, a ` 25' INACTIVE BUFFER T. a m o ti / spy\ I 25' ACTIVE BUFFER 1 3, o / y FULL SCREEN CARROLL 1 i 7 TMp64A-10-1-8 ' 1 ZONING: 82 VACANT DIUJ kOLDINGS LL `� I Ch 0 o" a � j�'� KITERPARC�EL ACCESS � r `� � `� � � • I u1 N V) � / � � � BICYCLE F ICILITIESch Z EXISTING COMMERCIAL LOTS W N o N m i - �D — L _ I CARROLL I `� r _ r TMd64A-4-20A ZONING: B2 VACANT �INTERPARCEL ACCESS rn ' v 1 ` PEDESTRIAN WALKS J rG I ITR fTl e CI ~ _� — I rn► �0 ,y/< \ DurF7gy < "us -ref, -s AVE C Z RIGHT TU LANE AND TAPER / RIGHT IN/RI OUT ENTRANCE �� /r3 9 4' RAISED MEDIAN SO ,, 3RIGHT U ONLY ENTRANCE G) / LANE \b N� N. N a O zo / 3c! ESION OF LEFT TURN LANE M/�E XP ty m ,I' >< \ O STORA CAPACITY oQ i 9 o O'D ` \ �✓ , TFS0 m 0 O D.- Q �^C n U n U • 0 DMJ HOLDINGS, L.L.C. ROUTE 50 & CUSTER AVENUE Proffer Statement Rezoning #: Property: 2.85 acres PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 Recorded Owner: DMJ Holdings, L.L.C. Applicant: Mr. Mark Phelps DMJ Holdings, L.L.C. 345 Phelpsmore Road Winchester, Virginia 22602 Project Name: DMJ Holdings, L.L.C. Route 50 & Custer Avenue Shawnee Magisterial District Original Date of Proffers: March 24, 2009 Revision Date: June 1, 2009 July 1, 2009 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0812002 • • PROFFER STATEME PARCEL IUs: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # b51,67' for the rezoning of parcels TM#'s 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 from RP to 132, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The applicant agrees to proffer the Generalized Development Plan (GDP) dated 7/01/09, identified as "Generalized Development Plan DMJ Holdings, L.L.C." and which is attached to the proffer statement, for the purpose of identifying the general configuration of the proposed parcel after consolidation, the location and form of the site access, the approximate location of interparcel access easements, and construction improvements to Route 781, Custer Avenue and Route 50, Millwood Pike. Please refer to the attached drawing named "GDP". 2.) Limitation of Future Development A specific use for the parcel has not been identified. The type of use can have a significant traffic impact on local roads and the function of nearby intersections. The Traffic Impact Analysis, which is a part of the rezoning application, incorporated the assumption that the parcel could be developed with a 60 room hotel along with a convenience store with 8 fueling positions. This assumption resulted in relatively high vehicle trip counts when compared to other uses allowed in the 132 zone. These trip counts were used to evaluate potential impacts to the local road network. The applicant agrees to limit any future use(s) of the parcel to those uses which will not generate in excess of 200 vehicle trips per hour during any hour. The determination of trip numbers will be accomplished during the site plan review based on the proposed use(s). Trip counts will be determined using the Institute of Traffic Engineers Trip Generation Manual, 7th Edition. 3.) Improvements to Route 50 and Route 781 The applicant will make the necessary road frontage improvements, as required by the Virginia Department of Transportation, to Route 50, Millwood Pike, and Route 781, Custer Avenue, in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County during the site plan review process. Construction of the improvements will be completed prior to the occupancy of any new building on the site. The improvements will include: - LJ page 2 • PROFFER STATEME, . ( PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 a) The design and construction of a right turn lane westbound on Route 50 with the appropriate length and taper ending in a right in/right out commercial entrance serving as the primary access to the site; b) The design and construction of a right turn lane southbound on Route 781 from a proposed right in only entrance to its intersection with Route 50; c) The design and construction of a raised median between travel lanes on Route 781 to prevent left turn movements into the right in only entrance described in "b" above; d) The design and construction of additional vehicle storage area in the existing left turn lane on eastbound Route 50; e) The design and construction of bicycle facilities along Route 50 in front of the site; f) The design and construction of pedestrian facilities linking Pembridge Avenue with proposed facilities in the Route 50 right of way. 4.) Inter -parcel Circulation and Access The applicant agrees to provide easements which will permit access through the site from all points of right of way ingress and egress to and from the site to the parcels which share a common boundary line to the east and west. The approximate locations of the access points are shown on the GDP. The easements will be defined during the site plan process and recorded by the applicant upon approval by Frederick County and prior to the issuance of the first building permit issued for the site. • 5.) Monetary Contribution to Frederick County Service Organizations The applicant will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue purposes the sum of $2,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. 6.) Monetary Contributions The applicant agrees to provide $5,000.00, for future transportation improvements within the Route 781 and Route 50 rights -of -way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property. 7.) Building Design New buildings shall be constructed using architectural styles and materials which are compatible with the surrounding neighborhood. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community. All building facades shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for buildings. Roof materials shall be standing seam metal, architectural shingle, or other high quality material. Flat roofs shall be permitted only to the extent that rooftop mechanical units are screened from the view of adjacent residences. Building height shall be limited to 35 feet as defined in the Frederick County Zoning Ordinance. page 3 0 PROFFER STATEME, . s' PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 • 8.) Parcel Lighting The applicant recognizes that the illumination associated with future uses and improvements on the parcel could have an impact on the adjacent properties. In order to preclude any negative impacts, the applicant agrees to regulate the overall illumination level emanating from the parcel. At the same time, it is necessary to assure that public safety concerns will be satisfied from night time activity associated with future uses of the parcel. 1. Pole -mounted and wall -mounted luminaries shall meet the Illuminating Engineering Society (IES) criteria for "cut off' fixtures where the candela per 1000 lamp lumens does not numerically exceed 25 at or above an angle of 90 degrees above nadir. Pole -mounted and wall -mounted luminaries shall not exceed a height of 18 feet as measured from the adjacent ground surface. 2. Front -lighted, freestanding signs shall be lighted from the top, and aimed and/or shielded so that no more that 100 candelas per 1,000 lamp lumens are emitted above a line that is struck through the lamp center and extends at an angle of 80 degrees relative to nadir after the luminaries are in their finally -focused position. 3. Internally and rear -lighted freestanding signs shall be limited to the illumination of the sign letters or characters only. No luminous backgrounds shall be permitted. 9.) Parcel Usage The applicant agrees to prohibit the following uses (as listed in the Frederick County Zoning Ordinance) on the property: 1. Car Washes; 2. Fast food restaurants with drive through service windows; 3. Automotive dealers with outdoor display areas and gasoline service stations; 4. Model home sales offices; 5. Amusement and recreational services operated outdoors; 6. Self-service storage facilities; 7. Adult retail 10.) Preservation of Existing Vegetation Mature vegetation exists along the boundary between the parcel and adjacent residential lots. During the site plan process, the applicant will identify existing vegetation within the 25' inactive buffer which can reasonably be preserved and incorporated into the screening requirements as described by the Frederick County Zoning Ordinance. Any such vegetation will be shown within a "non -disturbance" area depicted on subsequent site plans. 0 page 4 • • n LJ • PROFFER STATEML. J PARCEL IUs: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: On Behalf of DMJ Holdings, L.L.C. City/County of "N'tnd-i: Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this 30 day of rl 200 CI blu 4Ndtry Public Notary Registration number: IK 9g, My commission expires: ( D —3 � -- On Behalf of Winchester Metals, Inc. City/County ofy �ri��l���S �Cii/ , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this c?CJ day of lulu , 200 G (*u, R' &Ia Nod ry Public Notary Registration number: My commission expires: V page 5 D Oo � Z 3 QmN : N O O S rD :0,O ,p M -. r- ALn '. 9 0.00 � C.) m rn O n C s M I] m N N N N In � ) (A' V V N C �// n 07 C4 O CN N O fD V 3 ^, o� rn o M rvv � � N 0 0 cif OR cnO Sim 00� Z s _ v C7z In m II y 1 Dc O m r Z 75 oz 0 m a .so 0 Z EXISTING RESIDEIAL LOTS 0 OPRESERVAJION OF EXISTING/ ' VEGETATION TM/64A-4-15 / CARTER \ \ IN 25NACTIVE BUFF R / RESIDE T� /�� L 1~ . \ \�5 ebF°F / 50' CAT, "B" BUFFER ` 25' INACTIVE BUFFER 25' ACTIVE BUFFER �. FULL SCREEN CARROLL . ZONING: 82 ` . VACANT r IGTERPARC�EL ACCESS DMJ I OLDINGS, ILL BICYCLE F ICILITIES e EXISTING COMMERCIAL LOTS — — — L _ 1 CARROLL TM#64A-4-20A ZONING: 82 C VACANT — O INTERPARCEL ACCESS rr e ` PEDESTRIAN WALKS m RIGHT TU LANE AND TAPER 3a RIGHT IN/RICKI OUT ENTRANCE Sp h;lp FF� M/r kF \ 3S Ay�r�so 3dEXP SION OF LEFT TURN LANE STORA CAPACITY O� y �Q —`rt1iENV� 3c�+ 4' RAISED MEDIAN ORIGHT TURN LANE 3b RIGHT IN ONLY ENTRANCE /SiAFlp000 FD �/ MiT4s�p� ��So • 0 U • STATEMENT for Shawnee Magisterial District Frederick County, Virginia March 24, 2009 Revised: July 2, 2009 Revised: August 15, 2016 Prepared for: DMJ Holdings, L.L.C. Mr. Mark Phelps 345 Phelpsmore Lane Winchester, Virginia 22602 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 1603018 0 CJ E .7 0 IMPACT ANALYSIS S .. , T'EMENT DIAJ Holdings, L.L.C. section IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS page I. W INTRODUC'ilOh1. 2sr.,..,,. - A. SITE SUITABILITY 2 B. SURROUNDING PROPERTIES 3 G. 'TRAFFIC 4 D. SEWAGE CONVEYANCE AND TREATMENT 5 E. WATER SUPPLY 5 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL, FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 6 J. LOT CONSOLIDATION 6 K. HOA MEETING RESULTS 6 • 0 IMPACT ANALYSIS S',.. fEMENT DMJ Moldings, L.L.C. i. 114TRODUCTION DMJ Holdings, L.L.C. (the applicant) proposes to rezone six parcels of land located on the north side of Route 50 at its intersection with Custer Avenue in Frederick County, VA. The parcels (the site) are currently zoned RP (Residential Performance District) and are identified by the following Tax Identification Numbers: Tax Map No. Area (acres) Ex. Zoning Pr. ZOninffi 64A-4.-16A 0.0355 RP B2 64A-4-16 0.6887 RP B2 64A-4-17 0.7504 RP B2 64A-4-18 0.6112 RP B2 64A-4-19 _ 0.5318 RP B2 64A-4-20 0.2311 RP B2 Total 12.85 The applicant is requesting to rezone the properties from RP, Residential Performance District to B2, Business General District. The total area of the request is approximately 2.85 acres. Please refer to Exhibit 1 on the following page. The intended purpose of the rezoning is to enable the applicant to develop the site for commercial purposes. A. SITE SUITABILITY The subject parcels are located at the northwest corner of Route 50 and Custer Avenue. The description of B2 zoning in the Frederick County Zoning Ordinance states that general business areas are located at major intersections, involve frequent and direct access by the general public, and should have direct access to major thoroughfares. All the other parcels fronting on this intersection are currently zoned B2 or contain commercial uses. This site is suited for rezoning to the Business General District. The Eastern Frederick County Long Range Land Use Plan designates these parcels as "Business". The parcels are within the Urban Development Area and the Sewer and Water Service Area. If any existing wells and drainfields are identified on the properties, they will be located and appropriately abandoned at the time of development. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0115 B shows the subject area to be outside of any flood hazard zone. WETLANDS No wetlands have been identified on this site. As a result of the development of this site, construction activities will occur off site. In the event that construction will impact off site wetlands, the requisite permits will have to be obtained to allow disturbance of jurisdictional wetlands. I� • is PEMBgIDGEAMEN E ' r °•n w w.� �s� �� �� ter, �_ I GIs// PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 MM Telephone (540)662-5792 CONSULTING Facsimile (540)662-5793 ENGINEERS Email office0pointeriewis.com r ,IDg Np►rp PROPERTY REZONING MAP DRAWN BY: P—L 0812002 DMJ HOLDINGS, LLC. scAm a ��, A F'REDERU COUNTY, VIRGINIA .16 i • IMPACT ANALYSIS S1 tA I-EMENT DMJ Holdings, L.L.C. STEEP SLOPES According to the soil survey information there are no steep slopes located on this site. The general elevation of the site is lower than the adjacent residential lots and therefore, the apparent height of commercial buildings will be minimized when viewed from the neighborhood. MATURE WOODLANDS There are no mature woodlands located on this site. SOILS According to the Soil Survey of Frederick County, the site contains the following soil types: • Blairton silt loam. 3C (7-15%) This soil is moderately deep, strongly sloping, and somewhat poorly drained. It is mostly found along heads of drainage ways and in broad upland depressions. • Weikert-Berks channery silt loams: 41 D (15-25%) This consists of shallow and moderately deep, moderately steep, well drained soils on side slopes and ridges. B. SURROUNDING PROPERTIES The parcels to be rezoned are bordered to the north by residential properties contained within the Pembridge Heights subdivision. The parcel to the west is residential. The parcel to the east is zoned B2 and is vacant. The parcels directly across Route 50 to the is south are all zoned B2. The following table lists all adjacent owners and parcel numbers. Tax Map No. Owner Ex. Zoning Ex. Use 64A-4-20A Carroll, .James H. B2 Vacant 64A-10-1-8 Carroll, lames H. B2 Vacant 64A-10-1-153 Mendota Espinoza, Armando RP Residential 64A-10-1-152 Pyle, Glenn RP Residential 64A-10-1-151 Needy, Ivang RP Residential 64-A-93 Grove, Eu ene F B2 Vacant 64A-10-1-145 Rh re, Jerry & Julie RP Residential 64A-10-1-144 Zhan , Yuan Shun RP Residential 64A-4-15 Carter, ,!an RP Residential 64-A-89A Marlow !nvestments, LC B2 Commerciai 64A-A-13 Winchester Outdoor RP Commercial C. TRAFFIC The property is located at the signalized intersection of Custer Avenue and Route 50. According to the Frederick County Eastern Road Plan, Route 50 is designated as a six lane, divided, urban section. At the location of the site, Route 50 is generally a four lane, divided, rural section. Please refer to the existing conditions plan shown on Exhibit 2 on • 3 IMPACT ANALYSIS S1,, FEMENT DMJ Holdings, L.L.C. • the following page. There are no long range plans for altering Custer Avenue from its current configuration. Access to the site will be carefully planned to insure safe and efficient traffic flow. The site has frontage on both Custer Avenue and Millwood Pike, however, access from both rights of way could be problematic without thorough analysis. The future traffic patterns should be planned with consideration given to the adjacent commercially zoned parcel identified by Tax Map #64A-4-20B. While access to Custer Avenue would allow traffic exiting the site to utilize the existing traffic signal at Route 50, there appears to be insufficient stacking depth for southbound traffic. Therefore, the applicant is proposing a "right in" only from Custer Avenue that will serve only southbound traffic coming from the residential neighborhoods located to the north and east of the site. Please refer to the Location Map in Section 2 of this report. The primary access to the site is proposed to come from Route 50. Route 50 is a divided highway, therefore the access is proposed as a right in/right out only entrance. interparcel access will be granted to the adjacent parcels (Tax Map #64A-4-20B and Tax Map #64A-4-15). This will provide the means to limit the number of access points on both Custer Avenue and Route 50. A Traffic Impact Analysis is contained in Section 7. The analysis was performed by Stowe Engineering, PLC. The TIA as presented is based on a build -out of the site which would include intensive traffic generators. The TIA assumes the construction of a 60 room hotel and a convenience store with eight fueling positions. These particular uses were proposed to achieve a high level of trips generated by the proposed site and thus to make provisions for street improvements that may result from the rezoning. According to figures from the Virginia Department of Transportation, the Average Annual Daily Traffic on Route 50, Millwood Pilce, in 2004 in the vicinity of the site was 20,000 vehicles/day. Custer Avenue, Route 781, had an AADT of 1900 vehicles/day in 2004. The TIA shows that traffic that may result from the rezoning represents a minor portion of the projected traffic from existing and future developments. The TIA points out that there are now proffered improvements for the intersection of Route 50 and Prince Frederick Drive (Custer Ave.) that are associated with the Governors Hill project. With Phase 2 of the Governors Hill project the following improvements are proffered for the Route 50/Prince Frederick Drive intersection: Construction of a second northbound left turn lane; s Extension of the storage for the northbound right turn lane; • Extension of the storage for the eastbound left turn lane; a Extension of the storage for the westbound left turn lane. The TIA recommends that additional improvements to this intersection be proffered in association with this rezoning that would include: 0 0 IMPACT ANALYSIS Sl,-, FEMENT DMJ Holdings, L.L.C. E * Construct an additional southbound lane from the proposed entrance on Custer Avenue to Millwood Pike. This lane will serve as a right turn lane for south bound traffic. Restripe the pavement on Custer Avenue at the intersection to delineate a right turn lane, and a combined through -left turn lane. The residents from the adjacent neighborhoods have expressed concern that the eastbound left turn lane is inadequate at times to provide vehicle storage. Potentially, this site could be developed before the Governors Hill project. Therefore, the Proffer Statement contains a commitment to increase the storage capacity of the left turn lane if required. Bicycle and pedestrian improvements will be constructed generally along the Route 50 frontage of the site. Pedestrian facilities will be constructed to link Pembridge Avenue with Route 50. Final design of these improvements will conform to the standards and requirements of the Virginia Department of Transportation and Frederick County. Please refer to the Proffer Statement. During the review of the TIA, concern has been raised that the U-turn movement at the Ryco Lane intersection with Route 50 may have significant impacts on westbound and eastbound traffic. Specifically, the concerns are 1) that traffic exiting the site will not be able to cross the westbound lanes of Route 50 safely to get to a position to make the U- turn to head eastbound, and 2) that the U-turn movement will create conflict with the • eastbound traffic. The traffic engineer has evaluated the movement of vehicles which exit the site heading westbound and crossing both lanes to enter the left turn lane and has determined that this movement is functional. This evaluation has been attached to the end of the TIA in Section 7. The TIA states that at design year 2020, the peak hour U-turn movement at Ryco Lane is 32 VPH. The impact of these U-turn movements is mitigated by the existence of the center turn lane in Route 50 which provides protection for the vehicles and the upstream traffic signal which will provide gaps in the eastbound traffic into which these vehicles may make the U-turn movement. D. SEWAGE CONVEYANCE AND TREATMENT The site is inside the limits of the Frederick County Sewer and Water Service Area. The development would be serviced by the county sewer system. The location of the existing sewer lines is shown on Exhibit 3 on the following page. • IulBRlD E.AVENUE 1 ✓ — cc / J QDQ:zt: i�. _� J i 1 J CONSULTING ENGINEERS PAINTER-LEWIS 5 P■LWn.;PROJECT: � rsin�� ES: 817 Cedar Creek Grade, Suite 120 EXISTING CbNDIT1UNS EXHIBIT P-L BY: roe 002 �a P-L 081i002 Winchester, Virginia 22601 DMJ HOLDINGS, L.L.C. SCALE: DATE: Telephone (540)662-5792 FREDERICK COMM,VIRGINIA 1'-100.0' 3/5/09 Facsimile (540)662-5793 SHEET: Email off iceOpoinlerlewis.com _ _ _ EXHIBIT_ 2 �-i w C) ids O 0 Q o ��b r U LLJ az KIN 0 S S M DR R�. 7BO b C�_ o D NEG A` � v� OJT COUR Cl? z O w Q FLAN AGAN DRI m o PEMgR�DG�_*xD COURT o 8" „O ,; Ova" � STREET r 00 �'0 � �0 C� �,_ y ftk o � JR 4� / �C-A 4<1 b ox Q O � .a-, / PAINTER-LEWIS, P.L.C. PROJECTp,peTp�/ p EXHIBIT R NAR,�Y 817 Cedar Creek Grade, Suite 120 SAN IA i SEWED[ G/�HIBI1 DR Wl BY: Joe NA Winchester, Virginia 22601 DMJ HOLDINGS, L.L.G. SCALE: DATE: 02 Telephone (540)562-5792 U'=600.0' 3/5/09 CONSULTING Facsimile (540)662-5793 FR`VERICK COUNN. ARGINIA SHEET: ENGINEERS. �nEmail office@pointerlewis.com EXHIBIT IMPACT ANALYSIS S1 FEMENT DMJ Holdings, L.L.C. • E. WATER SUPPLY The site is inside the limits of the Frederick County Sewer and Water Service Area. The development would be serviced by the county water system. The location of the existing water lines is shown on Exhibit 4 on the following page. F. DRAINAGE According to Frederick County topographic mapping and the Frederick County Soil Survey this site has gentle slopes ranging from 2 percent to 25 percent. Storm water runoff generally toward the Route 50 right of way from west to east and passes under Custer Avenue in a culvert. With the development of this site a storm water management system would be implemented to control any added flow created by the increased impervious areas. G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash facility is located at the landfill on Sulphur Springs Road approximately two mile north and east of the site. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately 100 pounds of • solid waste per acre per day that will be transported to the landfill. Tipping fees are currently $45 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that $2,280 in tipping fees will be paid to dispose of 50 tons of solid waste annually. • H. HISTORIC SITES AND STRUCTURES This site does not contain any historic or "potentially significant" historic structures as listed in The Rural Landmarks Survey Report of Frederick County. There are several "potentially significant sites" that lie within a mile of the site. The Rural Landmarks Survey Report lists several other structures within approximately one mile of the site as shown on Exhibit 5. A copy of the Civil War Battlefields and Sites map has been included on the following pages. The subject parcels do not lie on any Civil War Battlefield sites. I. COMMUNITY FACILITIES DEVELOPMENT IMPACT MODEL The Frederick County Development Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facilities impacts of 6 Q ARBY pRiV� a, J —_ STANELw_ DR � o pONEOA� Uj f Q cc Ln COURT � O DEN� o m F�ANp,GAN ��..� j PEMgR,pGE pR a / T � .DU R Joan. L 0 Q CO Ir ^� �Olb 6 d9" )ff- / Q N ACV `9 QQ Q7 ,moo Q7 Or`�� Cb O V �a 2NVini C CONSULTING ENGINEERS Q v PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662-5792 Facsimile (540)662-5793 Email off ice@pointerlewis.com PROJECT: SURVEY: C.I.• Na Ild WATER DISTRIBUTION aHIE3fT DRAWN BY. J08 N14 ( P-L 0812002 DMJ HOLDINGS, �-.a�I_C. SCALE: DATE' FREDERICK COUNTY, VIRGINIA �E1E00.0, 3/5/09 IMPACT ANALYSIS S1, . CEMENT DMJ Holdings, L.L.C. • commercial and industrial rezoning requests are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriff's Department. The nearest fire and rescue facility is the Millwood Station Volunteer Fire and Rescue Company located on Costello Drive. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Mode) calculates that there will not be any projected capital cost for emergency service facilities attributable to this development. The owner recognizes the importance of emergency services, and proposes to proffer a monetary contribution to the local emergency responder. See the attached Proffer Statement. PARKS AND RECREATION There are typically no impacts on Parks and Recreation facilities associated with rezoning to a commercial use. J. LOT CONSOLIDATION Exhibit 6 on the following page shows the total site proposed for rezoning in a consolidated form. Consolidation will eliminate interior lot lines. Access easements will be created to preserve access to the adjacent parcels. K. HOA MEETING RESULTS A meeting with members of Pembridge Heights and Raven Wing home owners associations took place on May 28, 2009 at the home of Ralph and Elyse Pritchett. Pembridge Heights owners included the Pritchetts, Adrienne Hayes, and James Davern. Raven Wing owners included Howard Miller, James Oakes, Frank Lucostic, Pat Meyer, and Henry Noble. The meeting resulted in a number of concerns that can be categorized as concerns associated with existing conditions and concerns associated with conditions which would arise with a change in the zoning. CONCERNS ASSOCIATED WITH EXISTING CONDITIONS Traffic at the intersection of Custer Avenue and Route 50 is currently a concern. Discussion at the meeting resulted in the identification of four specific deficiencies associated with the intersection: 1) The turn signal cycle for the southbound lane on Custer Avenue seems to be too short to allow a sufficient number of vehicles through the intersection per cycle. 0 IMPACT ANALYSIS S'i . , FEMENT DMJ Holdings, L.L.C. 2) The southbound lane on Custer Avenue in the area of the intersection with Route 40 50 is in need of pavement repair. 3) A right turn lane should be added to Custer Avenue southbound to allow continuous right turn movement. 4) The vehicle storage area for left turns on Route 50 eastbound is not adequate. The applicant will address concerns 1, 2, and 3 by a commitment to add a right turn lane northbound on Custer Avenue. This will result in a repair of the existing pavement and allow more vehicles to pass through the intersection during each signal cycle. As pointed out in the Traffic Impact Analysis, the Governors Hill project has already committed to increase the vehicle storage capacity of the left turn lane east bound on Route 50. However, the applicant will commit to providing this improvement, and therefore address concern 4, in the case when the subject property is developed before the Governors Hill project. Please refer to the Proffer Statement in Section 7. CONCERNS ASSOCIATED WITH CHANGE TO 52 ZONING Discussion at the meeting resulted in the identification of nine specific concerns associated with the proposed zoning change. 1) If a "destination use", such as a fast food restaurant, is developed on the site, there will be an unacceptable increase in traffic from the Senseny Road area associated with local trips. 2) A "white table cloth" restaurant is an acceptable use. A fast food or high turnover restaurant with drive -through service will be a source of noise, odors, and trash. 3) A commercial establishment will result in light glare impacting the residential neighborhood. 4) Freestanding signs may be illuminated to the point that the glare is offensive. 5) New buildings should be constructed from materials which are attractive and compatible with the adjacent residential uses. 6) The height of new buildings should be limited to decrease impacts on the adjacent residential uses. 7) Existing vegetation along the site perimeter should be preserved if possible. 8) Automobile sales establishments with outdoor sales areas should be eliminated as potential uses. 9) Lodging establishments with outdoor swimming pools should be eliminated as potential uses. The applicant will address concerns 1 and 2 by prohibiting the site from being used for fast food or high turnover restaurants with drive -through service. Additional uses deem incompatible will be prohibited. • W IMPACT ANALYSIS S) .. CEMENT DMJ Holdings, L.L.C. G Concern 3 is already regulated under the current guidelines in the Frederick County Zoning Ordinance. To further ensure against excessive glare, the applicant will restrict parking lot pole lights to 18' total, maximum height as measured from the ground surface. Wall mounted lights will be shielded to result in downcast lighting only and limited in their height above the ground surface. The applicant will address concern 4 by ensuring that lighting sources for free standing signs shall be shielded, external, and directed only at the sign itself. Internal illumination of the free standing signs is acceptable only if the sign letters or characters themselves, not the background, are illuminated. The applicant will address concern 5 by ensuring that compatible materials will be used in the external finishes of buildings. Multiple buildings will be required to exhibit a common architectural appearance. Roof top mechanical units will be screened from the view of the adjacent residential uses. The applicant will address concern 6 by eliminating the height exception for hotels and office buildings as currently allowed in Section 165-24-Q-(6) of the Frederick County Zoning Ordinance. F The applicant will address concern 7 by establishing a "non -disturbance area" within the buffer adjacent to the residential uses where it is practical to preserve existing vegetation. The applicant will address concern 8 by prohibiting the site from being used for automotive dealers with outdoor display areas and gasoline service stations. • No prohibition on outdoor swimming pools has been added to the proffer statement. Outdoor pools would typically be associated with public lodging facilities. These facilities impose hours of operation to insure that the guests are not disturbed from their sleep. These types of pools generally seem to experience limited usage. Please refer to the Proffer Statement in Section 7. 0 T. i I l 1 MILE RADIV; S CE�TER OF 1 l > H!�rORI A' PROP RTY K Y ; 8 - UNIDENTIFIED 199 - BARR HOUSE (3 0 B 417 - JOHN CARPER HOUSE,' 1_ 418 - HOUSE, ROUTE 657 0 1213 423 - BRAITHWAITE HOUSE _J I.IJ - 424 - GARBER FARM 1 430 - RDSENBERGER FARM-- (~j) 1 ! 462 - PINGLEY HOUSE Z) tr 463 - STORE, RT 522 ® OLD RT 645 Z () a o 464 - BEAVER HOUSE It- ' 465 - GOTHOIC REMVAL HOUSE. _ BEAVER PROPERTY —j Q Q 1129 - CARPER-WYNN HOUSE.. o C.) U 1176 - HEISHLAND HOUSE I = 0 W ft o 17•* ;; ? W o� _� NOTE: •• INDICATES A POTENTIALLY O - SIGNIFlCANT SITE AS DENOTED BY d SURVEY REPORT OF EREDERICK COUNTY - - -- o a� FROM SITE -i cl) � N N O p 0 0p 6 i W oo �a � a ID j IU > m c E° WV L f U C Fu O w _ � a z'nl ul, z In�I Z Z U w 1 E SURVEY: C.1.: � NA NONE rl DRAWN BY: JOB NO,- 1200 0 1200 JLF 0812002 SCALE: DATE: I- EF—W M-= 1•-1200 03/05/09 SHEET: Scale t' = 1200 It EXHIBIT 5 • • • �j CIVIL WAR SITES 1First Battle of Kernstown (() 2 First Battle of Winchester I 3 Second Battle of Winchester f S Encasement at Rutherford's Farm 5'`econd Bathe of Kernstown 6 Third Battle of Winchester 7 Battle of Cedar Creek 8 Star Fort 9JFort Cullier 301Parkins Mill Battery 0 2 4 rm �I Civil War Battlefield, (� Frederick Cn,mty Planning E De.eloVnent Ll • of PAINTER-LEWIS; P.L.,.C.1 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 l Telephone (540)662-5792 Facsimile (540)662--5793 Email office®painterlewis.com PROJECT: SURVEY: C.I.: NA LOT CONSOUDA71ON EXHIBIT DRAWN BY: JOB NO.: P-L 0812002 DMJ HOLDINGS, L.L.C. SCALE: DATE: 6�'�09 MEDERICK COUNTY, ARGINIA • • 11 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planni77g Sinff.' Fee Amount Paid Zoning Amendment Number O 1 - I Date Received Lc, I PC l-Iearing Date,) I I `� I I BOS Hearing Date� I "1 The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Wincliester. 1. Applicant: Nam: DMJ HOLDINGS, L.L.C. Address: c/o PAINTER-LEWIS, P.L.0 Telephone: 540 667 9000 817 CEDAR CREEK GRADE, SUITE 120 WINCHESTER, VA 22601 2. Property Owner (if different than above): Name: WINCHESTER METALS Telephone: 540 667 9000 Address: 345 PHELPSMORE LANE WINCHESTER, VA 22602 3. Contact person if other than above: Name: JOHN C. LEWIS, P.E. Telephone: 540 662-5792 4. Property Information: a. Property Identification Number(s): 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 b. Total acreage to be rezoned: "PROFFER AMENDMENT -REZONING 405-09 C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: B-2 e. Proposed zoning designation(s) and aereage(s) in each designation: f. Magisterial District(s): SHAWNEE 12 • 0 • 5. Checklist: Check the following items that have been included with this application. Location map ® Agency Comments ❑ Plat v' _ Fees Deed to property _ Impact Analysis Statement Verification of taxes paid _ d _ Proffer Statement d Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf's) of all submitted documents, maps and exhibits G. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 7. Adjoining Property: • PARCEL ID NUMBER USE ZONING see attached sheet 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): The property is located at the northwest corner of the intersection of Route 50 and Custer Avenue. 13 0 9 • • 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile }-Tome: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial: Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supeivisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): wy Owner(s): 17J 14 Date: Date: Date: Date: IMPACT ANALYSIS STATEMENT DMJ Holdings, L.L.C. ADJOINING PROPERTIES The parcels to be rezoned are bordered to the north by residential properties contained within the Pembridge Heights subdivision. The parcel to the west is residential. The parcel to the east is zoned B2 and is vacant. The parcels directly across Route 50 to the south are all zoned B2. The following table lists all adjacent owners and parcel numbers. (Redlines indicate change from July 16, 2009 submittal) i ax rVia No. I Owner Ex. ; orfin q Ex. Use 64A-4-20A Carroll, James H. B2 Vacant 64A-10-1-B Carroll, James H. B2 Vacant 64A-10-1-153 Mendoza Es inoza, Armando RP Residential 64A-10-1-152 Pyle, Glenn RP Residential 64A-10-1-151 Needy, Ivang RP Residential 64-A-93 Grove, Eugene F B2 Vacant 64A-10-1-145 -Rhyne, Jerry 8: Julie RP Residential 64A-10-1-144 Zhan , Yuan Shun RP Residential 64A-4-15 Carter, Jan RP Residential 64-A-89A Marlow Investments, LC B2 Commercial 64A-A-13 Winchester Outdoor RP Commercial 9 • cK o0, Special Limited Power of Attorney County of Frederick, Virginia A Frederick Planning Website: www.feva.us Ci'h. ff Department of Planning & Development, County of Frederick, Virginia --] 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know Alt Men By These Presents: That I (We) (Name)e�1 `T' ` �r j `:, (Phone) S'¢6 7 - % C�Q 0 (Address) 1,15 i '17-,�5/ ViAIC���T;!4-Z the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. P 1-:� 203 on Page 5 3 , and is described as Parcel:64,4 Lot: Block: 4 Section: Subdivision: do hereby make, constitute and appoint: (Name) Jo/-\-/ r— . LZ3,0/S is (Address) 9 ?, % 7 To act as my true and authority I (we) woub Property, including: VA- Z-? /--cD� deed recorded in the (Phone) 5-4 O - � 7 % 2 lawful attorney -in -fact for and in my (our) name, place and stead with full power and41 have if acting personally to file planning applications for my (our) above described Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, 11(we),have beret (our) hand and seal this 1� day of f�. <<�� , 20 14> Signature(s) State of Virginia, 6iLy/County of 1 `"3e , C-K , To -wit: `d VY ve,��:5 ..a„Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to they � gptq; y.qs' gment personally appeared before me and has acknowledged the same before me in the jurisrc�r!n i'da§, VD day of /A �,z.k 201 b . )yiCmission Expires: Notary Public - • REZONING APPLICATION #01-17 DMJ HOLDING, L.L.C. Staff Report for the Planning Commission Prepared: February G, 2017 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 02/15/17 Pending Board of Supervisors: 03/08/17 Pending PROPOSAL: To revise proffers associated with Rezoning 1/05-09. This minor proffer amendment proposes to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the Construction of fast food restaurants with drive through service windows if all other requirements are met. All other proffers remain the same. LOCATION: The properties are located at the northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/15/17 PLANNING COMMISSION MEETING: This is an application to amend the proffers from Rezoning 1105-09 for 2.85 acres of land. This minor proffer amendment seeks to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the Construction of fast food restaurants with drive through service windows if all other requirements and conditions are met. The properties are located within the UDA and S WSA and are designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The site is located in the area covered by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a commercial designation witli a transition back into the surrounding residential land uses. Staff would note that the approved proffer currently limits any ILllure use(s) to those that will not generate in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from the 2009 approval. It should be noted that a fast food restaurant with a drive through would max out the hourly trip cap which would leave the remainder of the property undevelopable. A recommendation regarding this rezoning, application to the Board of Supervisors would be appropriate. The Applicant should he prepared to adequately address all concerns raised by the Planning Commission. Rezoning # 01-17 DMJ Holdings, LLC February 6, 2017 Page 2 This report is prepared by the Frederick County Planning Staff 10 provide information to the Planning Commission and the Board of Supervisors to assist their in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 02/15/17 Pending Board of Supervisors: 03/08/17 Pending PROPOSAL: To revise proffers associated with Rezoning 1/05-09. This minor proffer amendment proposes to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the COnStrUCtlOn of fast food restaurants with drive through service windows if all other requirements are met. All other proffers remain the same. LOCATION: The properties are located at the northwest corner Of the intersection of Route 50 and Route 781 (Custer Avenue). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, and 64A-4-20 PROPERTY ZONING: 132 (General Business) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: 132 (General Business) Use: Commercial Car Lot East: 132 (General Business) Use: Vacant West: RP (Residential Performance) Use: Residential Rezoning # 01-17 DMJ Holdings, LLC February 6, 2017 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Our District Planning Section has reviewed the DMJ Holdings, LLC RezoniIng and Proffer Amendment and offer the following recommendations: The rezoning application for the DMJ Holdings LLC Proffer Amendment dated August 15, 2016 generally utilized the previously approved proffers with minor edits to permit fast food restaurant with drive through use on the property. The transportation improvements proffers as developed from the recommendations of the previously submitted TIA in 2009 have been maintained with the Proffer #2 "Limitation of Future Development", which Is unchanged from the originally approved proffers, set a property development cap of 200 site generated trips per hour during any how' of the day (based on ITC trip rates). The proposed fast food with drive through lane use (ITC code 934) with a 4,000 square feet gross floor area will exceed this cap in the AM peak hour of the generator. Therefore, as the proffers are currently written, if the proposed fast food land use is developed, the remainder of the property will be undevelopable in the future. Please advise. Should the Applicant choose to revise the proffers to permit additional development of the property, given the age of the original TIA and change in development intensity, VDOT Staunton District Planning recommends the preparation of an updated TIA to support the proffer amendment. During the June 28, meeting between VDOT and the developer/properly owner at the Edinburg Residency, coordination with the adjacent property owner (additional B2 zoning) to realign/improve Custer Avenue and Pembridge Avenue in order to improve access opportunities to the commercially zoning properties was discussed. Did this outreach take place and were improvements considered? Frederick County Attorney: Please See attached lelle'r -oin Roderick B. Williams, Counly Attorney, dated September 12, 2016. Planning & Zoning: 1) Site History The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the five parcels which comprise the proposed rezoning as IZ2 (Residential Limited) District. On February 14, 1990, the R-2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the County's Zoning Ordinance. On October 14, 2009 the Board of Supervisors approved Rezoning #05-09 which rezoned the properties to the B2 (General Business) District with proffers. 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key Rezoning # 01-17 DMJ Holdings, LLC February 6, 2017 Page 4 components of community life. 'Tile primary goal of this plan Is to protect and Improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use. The properties are located within the UDA and SWSA and are designated as an area of commercial land use by the Eastern I-rcderick County Long Range Land Use Plan. The site is located in the area covered by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a commercial designation with a transition back into the surrounding residential land uses. TransL)oi•lation and Access. Site access is proposed to be provided from two locations. Primary access to the site is via Route 50 and a secondary access point is proposed to be provided from Route 781 (Custer Avenue) via a modified commercial entrance onto Route 781 generally using the existing right- of-way across the properties frontage. The Route 50 entrance would be in the form of a right in right out only entrance, the Route 781 entrance would be right in only. Staff would note that the proffer currently limits any future uses) to those that will not generate in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from the 2009 approval. VDOT has expressed concern that a fast food restaurant with a drive thru would max out the hour trip cap which would leave the remainder of the property undevelopable. 3) Proffer Statement — Dated March 24, 2009; revised December 6, 2016: Generalized Development Plan (unchanged) Proffers 2-8 remain unchanged 9. The Owner agrees to prohibit the following uses (as listed in the Frederick County Zoning Ordinance) on the property: 1. Car washes 2 >-as f;,erl-Pfft(",tr(Ht s-witlr- hove-1HYmigle setipio-e-what -x}-(removed) 3. Automotive dealers with outdoor display and gasoline service stations 4. Model ]ionic sales offices 5. Anlusenicnt and recreational services operated outdoors 6. Self -storage storage facilities 7. Adult retail Proffer 10 remains unchanged Rezoning # 01-17 DMJ Holdings, LLC February 6, 2017 Page 5 EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/15/17 PLANNING COMMISSION MEETING: This is an application to amend the proffers from Rezoning 1105-09 for 2.85 acres of land. This minor proffer amendment seeks to remove a proffer which Currently prohibits fast food restaurants with drive tlu•ough service windows. If approved the site would permit the construction of fast food restaurants with drive through service windows if all other requirements and conditions are met. The properties are located within the UDA and S WSA and are designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The site is located in the area covered by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a commercial designation with a transition back into the surrounding residential land uses. Staff would note that the approved proffer Currently limits any future uses) to those that will not generate in excess of 200 vehicle trips per hour during any hour. "]'his proffer remains unchanged from the 2009 approval. It should be noted that a fast food restaurant with a chive through would max out the hourly trip cap which would leave the remainder of the property undevelopable. A recommendation regarding this rezoning application to the Board of Supervisors would he avvrovriate. The Applicant should be prepared to adequate& a(Ittress all concerns raised bV the Planning, Commission. • 9 C COUNITY CITY of ;iF RED R CK Roderick B. Williams County Attorney 540/722.-8383 Fax 540/667-0370 I -snail: rwilliaC�Dco.frecierick.va.os September 12, 2016 VIA E-MAIL — office(a-)painterlewis.com — AND R2R?GULA.R. MAIL Mi.. John Lewis Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Re: DNIJ Holdings, LLC — Route 50 and Custer Avenue — Proposed Rezoning — Proffer Statement dated August 15, 2016 Dear John: You have submitted to Frederick County for review the above proposed proffer statement (the "Proffer Statement") for the proposed rezoning of 2.85± acres constituting the property of DMJ Holdings, LL.0 and others, Parcel Identification Numbers 64A-11-16, 64A-4-16A, 64A-4-17, 64A-4-18, 64A-4-19, and 6/1A-4-20 (collectively; the "Property"), in the Shawnee Magisterial District, from the B2 (Business General) District, with proffers, to the B2 (Business General) District, 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: Consistent with the inclusion of Winchester Metals, Inc. as a signatory to the Proffer Statement and my comment in connection with the 2009 rezoning of the Property, it would be appropriate for the cover page of the Proffer Statement to show both DMJ Holdings, LL,C and Winchester Metals, Inc. as the record owners. Also, consistent with a more recent best practice the County is following for proffer statements, the references in the Proffer Statement to the "applicant" should be to the ``owners". 2. Proffer 2 — The first five sentences provide only background information and are unnecessary for inclusion in the Proffer Statement. 3. On page 5, in the last paragraph, the second line, "even" should be "event'. 107 North Kent Sirect o Winchester, Virginia 22601 • 0 Mr. John Lewis September 12, 2016 Page 2 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 review will be done by staff and the Planning Commission. Sine,ea 1y� Roderick B, Williams County Attorney cc: Candice E. Perkins, AICI', Assistant Director of Planning and Development REZ tt0 I - 17 CMJ 03 50 h 123 122 103 ETNAM Si AM ST CURENDON CT • r°Z , 12S r ETNAM 121 ETNAM ST 105 C� LIRENDON Ci 1 ETf 107 CURENDON CT = � R I2 t ETNAM ST 128 ETNAM St 130 ETNAM Si REZ =0 1 - 17 RFZ PO 17 G''!w oD :: n l I. Applications Parcels Sewer and Water Service Area Building Footprints B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) REZ 1101 17 EZ n01 - lr7 on3mr REZ # 01 - 17 Note: Frederick County Dept of DMJ Holdings, LLC Planning & Development PINS: 107 N Kent St 64A - 4 - 16. 64A - 4 - 16A, 64A - 4 - 17. Suite 202 e 64A - 4 - 18. 64A - 4 - 19. 64A - 4 - 20 Winchester, VA 2260, Proffer Amendment 540 - 665 - 5651 Map Created: January 10, 2017 Staff: cperkins 0 50 100 200 Feet CUR m -' CIAREN Y �. • ETNAM i yM[ 120 y E1NAM ST ly MILLWOOD ►IKE EI' '- I A. p,�1- l► �-, RE 6 •- REZ #O1-17 w j REZ #O I, I, JO 50 r ♦ .r REZ r�01 - r.. f Applications Parcels Sewer and Water Service Area Building Footprints REZ # Ol - 17 Note: Frederick County Dept of DMJ Holdings, LLC Planning & Developmen' PINS: 107 N Kent St 64A - 4 - 16. 64A - 4 - 16A. 64A - 4 - 17, Suite 202 e 64A - 4 - 18. 64A - 4 - 19. 641 - 4 - 20 WinChesfer. VA 2260, Proffer Amendment 540 - 665 - 5651 Map Created: January 10, 2017 Staff: cperkins 0 50 100 200 Feet ` II73 MILLWOOD ` �►IKE I 11e�, AN ` IIKE 19. MILL W KE ►I� .��64A'4_16i f 50 " Applications Parcels Sewer and Water Service Area Building Footprints Long Range Land Use CD Resldentia Neighborhood Village Urban Center • Mobile Home Community 0 Business O Highway Commercial Mixed -Use 0 Mixed Use Commercial/Office 0 Mixed Use Industrial/Office - Industrial ® Warehouse 40 Heavy Industnal • Extractive Mining `7) Commercial Rec C4.14 Rural Community Center ® Fire 8 Rescue ® Historic ® Institutional • Planned Unit Development Park Recreation 4P School Employment Airport Support Area Q 82/B3 CD Residential 4 uwa Q High -Density Residential 6 u/a O High -Density Residential 12-16 u/a O Rural Area Interstate Buffer Landfill Support Area Natural Resources 8 Recreation OEnvironmental 8 Recreational Resources 4 _A . \REI #01=17 REIL#O1'- tir \® RF7 UAJ, TV7 ' ° -*'N f �prOM11► f. a i ^ i + z 50 3 cusTEa 1. o REZ # 01 - 17 Note: Frederick County Dept of DMJ Holdings, LLC Planning & Development PINS: 107 N Kent St 64A - d - 16. 64A - 4 - 1 6A, 64A - 4 - 17. Suite 202 e 64A - 4 - 18, 64A - 4 - 19. 64A - 4 - 20 Winchester, VA 22601 Proffer Amendment 540 - 665 - 5651 Map Created: January 10. 2017 Staff: cperkins 0 65 130 260 Feet E DMJ HOLDINGS, L.L.C. ROUTE 50 & CUSTER AVENUE Proffer Statement Rezoning #: Property: 2.85 acres PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 Recorded Owner: DMJ Holdings, L.L.C. Applicant: Mr. Mark Phelps DMJ Holdings, L.L.C. 345 Phelpsmore Road Winchester, Virginia 22602 Project Name: Original Date of Proffers: Revision Date: DMJ Holdings, L.L.C. Route 50 & Custer Avenue Shawnee Magisterial District March 24, 2009 June 1, 2009 July 1, 2009 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0812002 0 PROFFER STATEME PARCEL IUs: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of parcels TM#'s 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 from RP to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The applicant agrees to proffer the Generalized Development Plan (GDP) dated 7/01/09, identified as "Generalized Development Plan DMJ Holdings, L.L.C." and which is attached to the proffer statement, for the purpose of identifying the general configuration of the proposed parcel after consolidation, the location and form of the site access, the approximate location of interparcel access easements, and construction improvements to Route 781, Custer Avenue and Route 50, Millwood Pike. Please refer to the attached drawing named "GDP". 2.) Limitation of Future Development A specific use for the parcel has not been identified. The type of use can have a significant traffic impact on local roads and the function of nearby intersections. The Traffic Impact Analysis, which is a part of the rezoning application, incorporated the assumption that the parcel could be developed with a 60 room hotel along with a convenience store with 8 fueling positions. This assumption resulted in relatively high vehicle trip counts when compared to other uses allowed in the B2 zone. These trip counts were used to evaluate potential impacts to the local road network. The applicant agrees to limit any future use(s) of the parcel to those uses which will not generate in excess of 200 vehicle trips per hour during any hour. The determination of trip numbers will be accomplished during the site plan review based on the proposed use(s). Trip counts will be determined using the Institute of Traffic Engineers Trip Generation Manual, 7th Edition. 3.) Improvements to Route 50 and Route 781 The applicant will make the necessary road frontage improvements, as required by the Virginia Department of Transportation, to Route 50, Millwood Pike, and Route 781, Custer Avenue, in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County during the site plan review process. Construction of the improvements will be completed prior to the occupancy of any new building on the site. The improvements will include: - page 2 0 PROFFER STATEME, . ( PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 a) The design and construction of a right turn lane westbound on Route 50 with the appropriate length and taper ending in a right in/right out commercial entrance serving as the primary access to the site; b) The design and construction of a right turn lane southbound on Route 781 from a proposed right in only entrance to its intersection with Route 50; c) The design and construction of a raised median between travel lanes on Route 781 to prevent left turn movements into the right in only entrance described in "b" above; d) The design and construction of additional vehicle storage area in the existing left turn lane on eastbound Route 50; e) The design and construction of bicycle facilities along Route 50 in front of the site; f) The design and construction of pedestrian facilities linking Pembridge Avenue with proposed facilities in the Route 50 right of way. 4.) Inter -parcel Circulation and Access The applicant agrees to provide easements which will permit access through the site from all points of right of way ingress and egress to and from the site to the parcels which share a common boundary line to the east and west. The approximate locations of the access points are shown on the GDP. The easements will be defined during the site plan process and recorded by the applicant upon approval by Frederick County and prior to the issuance of the first building permit issued for the site. 5.) Monetary Contribution to Frederick County Service Organizations The applicant will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue purposes the sum of $2,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. 6.) Monetary Contributions The applicant agrees to provide $5,000.00, for future transportation improvements within the Route 781 and Route 50 rights -of -way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property. 7.) Building Design New buildings shall be constructed using architectural styles and materials which are compatible with the surrounding neighborhood. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community. All building fagades shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for buildings. Roof materials shall be standing seam metal, architectural shingle, or other high quality material. Flat roofs shall be permitted only to the extent that rooftop mechanical units are screened from the view of adjacent residences. Building height shall be limited to 35 feet as defined in the Frederick County Zoning Ordinance. page 3 • • PROFFER STATEME. . i- PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 8.) Parcel Lighting The applicant recognizes that the illumination associated with future uses and improvements on the parcel could have an impact on the adjacent properties. In order to preclude any negative impacts, the applicant agrees to regulate the overall illumination level emanating from the parcel. At the same time, it is necessary to assure that public safety concerns will be satisfied from night time activity associated with future uses of the parcel. 1. Pole -mounted and wall -mounted luminaries shall meet the Illuminating Engineering Society (IES) criteria for "cut off" fixtures where the candela per 1000 lamp lumens does not numerically exceed 25 at or above an angle of 90 degrees above nadir. Pole -mounted and wall -mounted luminaries shall not exceed a height of 18 feet as measured from the adjacent ground surface. 2. Front -lighted, freestanding signs shall be lighted from the top, and aimed and/or shielded so that no more that 100 candelas per 1,000 lamp lumens are emitted above a line that is struck through the lamp center and extends at an angle of 80 degrees relative to nadir after the luminaries are in their finally -focused position. 3. Internally and rear -lighted freestanding signs shall be limited to the illumination of the sign letters or characters only. No luminous backgrounds shall be permitted. 9.) Parcel Usage The applicant agrees to prohibit the following uses (as listed in the Frederick County Zoning Ordinance) on the property: 1. Car Washes; 2. Fast food restaurants with drive through service windows; 3. Automotive dealers with outdoor display areas and gasoline service stations; 4. Model home sales offices; 5. Amusement and recreational services operated outdoors; 6. Self-service storage facilities; 7. Adult retail 10.) Preservation of Existing Vegetation Mature vegetation exists along the boundary between the parcel and adjacent residential lots. During the site plan process, the applicant will identify existing vegetation within the 25' inactive buffer which can reasonably be preserved and incorporated into the screening requirements as described by the Frederick County Zoning Ordinance. Any such vegetation will be shown within a "non -disturbance" area depicted on subsequent site plans. page 4 • 0 PROFFER STATEML.. T PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: On Behalf of DMJ Holdings, L.L.C. City/County of �'vr� Ihd Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this aO day of 200�_— QNt ry Public - n Notary Registration number: My commission expires: (D --3 � — On Behalf of Winchester Metals, Inc. 1 / City/County of , Commonwealth Of Virginia. ,1 � `1������ Commonw The foregoing instrument was acknowledged before me this dUA day of 1200 G �k h &(OA Not ry Public Notary Registration number: My commission expires: 0 page 5 Z O 7z Z Cn mrl Nz T V 01)a m `I Z 3 n ID :Y CL m u1. rn o °�s� n fD ID 1 @ID � I A A� m 0 0 , 0 io °i o a rn am (D N N �n A N J V N C O CA N O � V 3 ^, o r c� G-)A m o m m vv� N X 0 0 060 C`Z N O r� Stern G-)n� z � 1n cn o z n m Ih y I DC m p r'1 r Z mO < v- O m V 0 Njm Nj 0z 0 m 00 ? EXISTING RESIDEIAL LOTS PRESERVATION OF i E 1 O EXISTING/ VEGETATION - - /// CART / / / `� IN 25' NACTIVE BUFF R / ER / / TMp64A-4-15 / qf ZONING: RP / 4ti1" / BSO' CAT. "B BUFFER RESIDENTIAL 25' INACTIVE BUFFER 25' ACTIVE BUFFER FULL SCREEN CARROLL rMp64a- 10- to-t-B � ZONING: 82 / \ VACANT \� IGTERPARtyEL ACCESS DMJ MOLDINGS, LL BICYCLE F �CILITIES 1 EXISTING COMMERCIAL LOTS � 1 m CD - _ - L CARROLL �] TMp64A-4-20A _ - - - ZONING: 82 VACANT INTERPARCEL ACCESS D t 3f PEDESTRIAN WALKS m OT 1a ROUTE 7g7 Mi4 \ ` DUSTERVENUE _ Sp < <Lp — _ RIGHT TU LANE AND TAPER F�� �+ 3a RIGHT IN/RI OUT ENTRANCE t3 9 3c 4' RAISED MEDIAN . ` S�yjp O�/TF $0 RIGHT TURN LANE 3b 3b RIGHT IN ONLY ENTRANCE r EXP SION OF LEFT TURN LANE M 144 O \ \\ V O STORA CAPACITY O OQ y FFO 9p \ �v sMpy rFso Q Q� �c • • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.• I Fee Amount Paid $ 1 160c, �� h Zoning Amendment Number 1 ' �� Date Received p n PC Hearing Date Is l - BOS Hearing Date 8 I 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: DMJ HOLDINGS, L.L.C. Telephone: 540 667 9000 Address: c/o PAINTER-LEWIS, P.L.C. 817 CEDAR CREEK GRADE, SUITE 120 WINCHESTER, VA 22601 2. Property Owner (if different than above): Name: WINCHESTER METALS Address: 345 PHELPSMORE LANE WINCHESTER, VA 22602 3. Contact person if other than above: Name: JOHN C. LEWIS, P.E. Telephone: 540 667 9000 Telephone: 540 662-5792 4. Property Information: a. Property Identification Number(s): 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 b. Total acreage to be rezoned: "PROFFER AMENDMENT -REZONING #05-09 C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: B-2 e. Proposed zoning designation(s) and acreage(s) in each designation: f. Magisterial District(s): SHAWNEE 12 Checklist: Check the following items that have been included with this application. Location map 0 Agency Comments ❑ Plat ✓ _ Pees _ Deed to property ✓ _ Impact Analysis Statement ✓ _ Verification of taxes paid _ ✓ _ Proffer Statement ✓ _ Plat depicting exact meets and bounds for the proposed zoning district _ ✓ _ Digital copies (pdf's) of all submitted documents, maps and exhibits G. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 7. Adjoining Property: PARCEL Ill NUMBER USE ZONING see attached sheet 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): The property is located at the northwest corner of the intersection of Route 50 and Custer Avenue. 13 E 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Non -Residential Lots: Mobile Home: Office: Retail: Restaurant: Commercial: 10. Signature: Square Footage of Proposed Uses Multi -Family: Hotel Rooms: Service Station: Manufacturing: Warehouse: Other: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: �� I Date: Owner(s): (J �/t'\ �y Date: Date: 14 IMPACT ANALYSIS STATEMENT DMJ Holdings, L.L.C. ADJOINING PROPERTIES The parcels to be rezoned are bordered to the north by residential properties contained within the Pembridge Heights subdivision. The parcel to the west is residential. The parcel to the east is zoned B2 and is vacant. The parcels directly across Route 50 to the south are all zoned B2. The following table lists all adjacent owners and parcel numbers. (Redlines indicate change from July 16, 2009 submittal) Tax Map No. Owner Ex. Zoning Ex. Use 64A-4-20A Carroll, James H. B2 Vacant 64A-10-1-B Carroll, James H. B2 Vacant 64A-10-1-153 Mendoza Espinoza, Armando RP Residential 64A-10-1-152 Pyle, Glenn RP Residential 64A-10-1-151 Needy, Ivang RP Residential 64-A-93 Grove, Eugene F B2 Vacant 64A-10-1-145 Rhyne, Jerry & Julie RP Residential 64A-10-1-144 Zhan , Yuan Shun RP Residential 64A-4-15 Carter, Jan RP Residential 64-A-89A Marlow Investments, LC B2 Commercial 64A-A-13 Winchester Outdoor RP Commercial 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) ,_jb'JALJD _rr !�r - f- �, (Phone) -� / (Address) 9� 1a ?� i Z%ter V GrJi N C ��T 2 A- 7 2 �, D the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. P 9 203 on Page 53 Z , and is described as Parcel: 6,4 Lot: _L7 Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) Jlif�/ Ze�/S (Phone) 54 d Ge!�'p Z E; 792 (Address) 0/7 urn' !��-? t) G%' NG��� To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and Z authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we)� have heret�-settx,�\(our) hand and seal this _9 day of Rv44-/5� , 20 I b , Signature(s) vJ State of Virginia, Cry/County of VLAe�. GK Jo -wit: 1, artoc�-� A.- �►C\('Z C���S � ,,, .,.�iotary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the ,fdi in$ [,. }siruVnent personally appeared before me and has acknowledged the same before me in the juristic ? ' a n (•o �ai') day of q 20 [ 10 Tt�V _ q ACk`J " Iy�Goihmission Expires: Notary Public = b LJ I� I►__i DMJ Holdings, L.L.C. ADJOINING PROPERTIES 6gA1-/0- V1-1I--1'11 6LA-,y-) VIA--L(--Iq) V(A-ti-ao The parcels to be rezoned are bordered to the north by residential properties contained within the Pembridge Heights subdivision. The parcel to the west is residential. The parcel to the east is zoned B2 and is vacant. The parcels directly across Route 50 to the south are all zoned B2. The following table lists all adjacent owners and parcel numbers. (Redlines indicate change from July 16, 2009 submittal) Tax Map No. Owner Ex. Zoning Ex. Use 64A-4-20A Carroll, James H. B2 Vacant 64A-10-1-B Carroll, James H. B2 Vacant 64A-10-1-153 Mendoza Espinoza, Armando RP Residential 64A-10-1-152 Pyle, Glenn RP Residential 64A-10-1-151 Needy, Ivang RP Residential 64-A-93 Grove, Eugene F B2 Vacant 64A-10-1-145 Rhyne, Jerry & Julie RP Residential 64A-10-1-144 Zhan , Yuan Shun RP Residential 64A-4-15 Carter, Jan RP Residential 64-A-89A Marlow Investments, LC B2 Commercial 64A-A-13 Winchester Outdoor RP Commercial 1 9 • AMENDMENT ry Action: PLANNING COMMISSION: March 15, 2017 - Recommended Approval BOARD OF SUPERVISORS: April 12, 2017 - N APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #01-17 DMJ HOLDING, L.L.C. WHEREAS, REZONING #01-17 DMJ Holding, L.L.C., submitted by Painter -Lewis, P.L.C., to remove a proffer which currently prohibits fast food restaurants with drive through service windows, with a Final revision date of December 16, 2016 was considered. If approved, the site would permit the construction of fast food restaurants with drive through service windows if all other requirements are met. All other proffers remain the same. The properties are located at the northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue), in the Shawnee District and is identified by Property Identification Nos. 64A-4-16A, 64A04-16, 64A-4-17, 64A-4-18, 64A-4-19 and 64A-4-20; and WHEREAS, the Planning Commission held a public hearing oil this rezoning oil March 15, 2017 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 12, 2017; 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 coil forillance 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 amend the proffers from Rezoning 405-09 to permit the construction of fast food restaurants with drive through service windows if all other requirements are met with a final revision date of December 16, 2016. All other proffers remain the same. The conditions voluntarily proffered in writing by the Applicant and the Property Owner is attached. PDRes 4 13-17 U -2- This ordinance shall be in effect on the date of adoption. Passed this 12th day of April, 2017 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Aye Bill M. Ewing Gene B. Fisher Aye Blaine P. Dunn Aye viKUINIA: Ff%,_DERICK COUNTY.SC, , This instrument of writing was produced to me on 1-7 at 4;2-2- 7OZA. and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $-*IA- , and 58.1-801 have been paid, if assessable eelat , Clerk Gary A. Lofton Aye Robert W. Wells Aye Judith McCann -Slaughter Aye A COPY ATTEST renda G. Garton Frederick County Administrator Co PDRes 413-17 BOS Res. #067-17 • • 17000381/ c C') DMJ HOLDINGS, L.L.C. WINCHESTER METALS, INC. ROUTE 50 & CUSTER AVENUE Amended Proffer Statement Original Rezoning #: 05-09 Property: 2.85 acres PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 Owner: DMJ Holdings, L.L.C. Winchester Metals, Inc. Mr. Mark Phelps 195 Ebert Road Winchester, Virginia 22603 Project Name: DMJ Holdings, L.L.C. Route 50 & Custer Avenue Shawnee Magisterial District Original Date of Proffers: March 24, 2009 Revision Date: June 1, 2009 July 1, 2009 August 15, 2016 December 6, 2016 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 1603018 PROFFER STATE i - T PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 LJ Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the CD undersigned owner proffers that in the event that the Board of Supervisors of Frederick -„J County shall approve Rezoning Application # for the rezoning of parcels TM#'s 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 from RP to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The owner agrees to proffer the Generalized Development Plan (GDP) dated 07/01/09, identified as "Generalized Development Plan DMJ Holdings, L.L.C." and which is attached to the proffer statement, for the purpose of identifying the general configuration of the proposed parcel after consolidation, the location and form of the site access, the approximate location of interparcel access easements, and construction improvements to Route 781, Custer Avenue and Route 50, Millwood Pike. Please refer to the attached drawing named "GDP". 2.) Limitation of Future Development The owner agrees to limit any future use(s) of the parcel to those uses which will not generate in excess of 200 vehicle trips per hour during any hour. The determination of trip numbers will be accomplished during the site plan review based on the proposed use(s). Trip counts will be determined using the Institute of Traffic Engineers Trip Generation Manual, 9th Edition. 3.) Improvements to Route 50 and Route 781 The owner will make the necessary road frontage improvements, as required by the Virginia Department of Transportation, to Route 50, Millwood Pike, and Route 781, Custer Avenue, in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County during the site plan review process. Construction of the improvements will be completed prior to the occupancy of any new building on the site. The improvements will include: a) The design and construction of a right turn lane westbound on Route 50 with the appropriate length and taper ending in a right in/right out commercial entrance serving as the primary access to the site; b) The design and construction of a right turn lane southbound on Route 781 from a proposed right in only entrance to its intersection with Route 50; c) The design and construction of a raised median between travel lanes on Route 781 to prevent left turn movements into the right in only entrance described in "b" above; page 2 PROFFER STATEAT PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 d) The design and construction of additional vehicle storage area in the existing left turn lane on eastbound Route 50; e) The design and construction of bicycle facilities along Route 50 in front of the G-) site; f) The design and construction of pedestrian facilities linking Pembridge Avenue C. J with proposed facilities in the Route 50 right of way. 4.) Inter -parcel Circulation and Access The owner agrees to provide easements which will permit access through the site from all points of right of way ingress and egress to and from the site to the parcels which share a common boundary line to the east and west. The approximate locations of the access points are shown on the GDP. The easements will be defined during the site plan process and recorded by the owner upon approval by Frederick County and prior to the issuance of the first building permit issued for the site. 5.) Monetary Contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue purposes the sum of $2,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. 6.) Monetary Contributions The owner agrees to provide $5,000.00, for future transportation improvements within the Route 781 and Route 50 rights -of -way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property. 7.) Building Design New buildings shall be constructed using architectural styles and materials which are compatible with the surrounding neighborhood. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community. All building facades shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for buildings. Roof materials shall be standing seam metal, architectural shingle, or other high quality material. Flat roofs shall be permitted only to the extent that rooftop mechanical units are screened from the view of adjacent residences. Building height shall be limited to 35 feet as defined in the Frederick County Zoning Ordinance. 8.) Parcel Lighting The owner recognizes that the illumination associated with future uses and improvements on the parcel could have an impact on the adjacent properties. In order to preclude any negative impacts, the owner agrees to regulate the overall illumination level emanating from the parcel. At the same time, it is necessary to assure that public safety concerns will be satisfied from night time activity associated with future uses of the parcel. page 3 0 PROFFER STATEMOJT PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 1. Pole -mounted and wall -mounted luminaries shall meet the Illuminating Engineering Society (IES) criteria for "cut off' fixtures where the candela per 1000 lamp lumens does not numerically exceed 25 at or above an angle of 90 degrees above nadir. Pole -mounted and wall -mounted luminaries shall not exceed a height of 18 feet as measured from the adjacent ground surface. 2. Front -lighted, freestanding signs shall be lighted from the top, and aimed and/or shielded so that no more that 100 candelas per 1,000 lamp lumens are emitted above a line that is struck through the lamp center and extends at an angle of 80 degrees relative to nadir after the luminaries are in their finally -focused position. 3. Internally and rear -lighted freestanding signs shall be limited to the illumination of the sign letters or characters only. No luminous backgrounds shall be permitted. 9.) Parcel Usage The owner agrees to prohibit the following uses (as listed in the Frederick County Zoning Ordinance) on the property: 1. Car Washes; 2. (Fast food restaurants with drive through service window) REMOVE 3. Automotive dealers with outdoor display areas and gasoline service stations; 4. Model home sales offices; 5. Amusement and recreational services operated outdoors; 6. Self-service storage facilities; 7. Adult retail 10.) Preservation of Existing Vegetation Mature vegetation exists along the boundary between the parcel and adjacent residential lots. During the site plan process, the owner will identify existing vegetation within the 25' inactive buffer which can reasonably be preserved and incorporated into the screening requirements as described by the Frederick County Zoning Ordinance. Any such vegetation will be shown within a "non -disturbance" area depicted on subsequent site plans. n PROFFER STATEAT PARCEL ID's: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Respectfully submitted by: On Behalf of DMJ Holdings, -L.L.C. City/County of Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this `' day of 20 1 % Notary Public Notary Registration number: My commission expires: D. On Behalf of Winchester Metals, Inc. City/County of ! CK , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this Lf-1h day of 20 l� Notary Public Notary Registration number: My commission expires: °��P � V mom;' 2 MY COMMISSION - n NUMBER �� 7532024 LT H eoeeeet page 5 DV ou _ V m 3 n ro _R �a rn N p I D n � 1 �� <I r A A� 0 0 c> rn CI ° o a IV N (D (1� NJ Ln A cn (A J J N C f'1 c° 1D Qt 0 w �, o ♦a 3 fV o � rr] O o M o 31 m vv�� � N 7000v OE;o C OR C O -v � ram- mm G7 n Z � IN In -0 p Z Ln m II I D< � r C) Z r o { o m �o 0 N o z 0 � 0 O / w CARTER TMN64A-4-15 ZONING: RP 'w / RESIDENTIAL / 0J L cqj OERPARi EL ACCESS .\ \ RIGHT TU LANE AND TAPER 3a RIGHT IN/RI OUT ENTRANCE i EXISTING RESIDENTIAL LOTS \ \ O PRESERVAJION OF \ \ \ \ EXISTING/ VEGETATION \ IN 25' NACTIVE BUFF R 50' CAT "B" BUFFER \ oFR\ 25' INACTIVE BUFFER 25' ACTIVE FULL SCREE BUFFER y CARROLL \ \ \ TM#64A-10-1-0 \ ZONING: B2 VACANT I DMJ HOLDINGS, LL BICYCLE F CILITIES I ( EXISTING COMMERCIAL LOTS — — — — L CARROLL I TM#64A-4-20A — — — _ ZONING: 82 VACANT INTERPARCEL ACCESS PEDESTRIAN WALKS -- 3f � 1 3 d EXP SION OF LEFT TURN LA STORA CAPACITY � � r luurE 7g1 USTER m W Ii 3C) 4' RAISED MEDIAN RIGHT TURN LANE RIGHT IN ONLY ENTRANCE w NE SA. 00 gyp/ Ro I 1 4S (/p Mpy F$0 0 40VEMML 000APOPAIM 355 SOUTH POTOMAC STREET HAGERSTOWN, MARYLAND 21740 (301) 733.9300 * Fax (301) 733-5379 March 13, 2017 Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601-S000 Y! A F A F S 1 M 1 V 14, r= - M 41 L '. C Ft t1A —:b T: C—v A . 0'5 RE: Rezoning Application #01-17 for DMI Holding, L.L.C. While Advertising, Inc. (Winchester Outdoor) is not opposed to the specifics of the applicants request in the above referenced matter, our review of the material found on liana, causes us to make a request for accommodation in the site plan deliberations. Specifically we are concerned about possible Installation of new road fixtures on Custer Avenue, such as the 4' raised median or a curb along the western edge of the new right turn lane that would hinder or block our access to the western portion of our property (64A-A- 13) from the northbound lane of Custer Avenue. This access is needed for maintenance of our billboards and monthly change of billboard displays. These Possible fixtures are highlighted on an enclosed copy of a drawing prepared by Painter -Lewis, P.L.C. dated 7/j/09. In light of this concern I would like to ask that our company he included in all future notifications, particular those involving these features and our access. Sincerely, . I L Douglas s4 gilt, Jr. President copy: Painter -Lewis, P.L.C. via facsimile: (540) 662-5793 Swvffig ffiv rrf-*Nft Am - AdVeeftl% Im. for MD - C"-ptw, ,zbufq AdvortsIng Comp" W pA - WWWuWar AdveftVng C4nVany for VA mO C� me � 4 n - �� 0 m z -3 G' ' Q m y a♦s 3 n li■ N tv { v Nc_ Lk! CAA G O +m 3 r }non i vv o 0 i6 0 to �n 0 / �' RP L ACCESS J ~` RICH T T� LAND AMMD TAPER MCHT IN/R OUT ENIRANC4_ w E-xISTING RESttt£�►�'�L LOTS y` ��{ A^ PRESERVA t i OF �J EXISTING/ GETATION �---- IN 25' NACilYE BUFF R r ►� ` fa 50' CAT, BUFFER 25' INACtIVE BUFFER 25' ACTIVE 811f"CER ` FULL SORE, EN c.Kaot; _ zawc g; DMJ HOLDINGS, L(�e) BICYCLE FgG JT4E5 d Ex1SUNG COMMEROAL L.015 �CBI 0 i tNTERR L"L. ACCE55 I .,�•J I E�iE5TR4Al #A'LKS EX P SION OF LEFT TURN L Y STORA CAPACITY s � J o' RAlSE I bRIGHT TURN LADE ti RICHT IN ONLY ENTRANCE GOU ISO 0 0 a Candice Perkins From: John Lewis <jclewis@painterlewis.com> Sent: Tuesday, January 10, 2017 2:44 PM To: Candice Perkins Subject: FW: DMJ Holdings, LLC - VDOT Comments to Rezoning & Proffer Amendment Here is our response to the VDOT comments. Thanks John C. Lewis Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel: 540-662-5792 Fax: 540-662-5793 email: iclewis(cD,painterlewis.com From: John Lewis [mailto:jclewis@painterlewis.com] Sent: Thursday, September 22, 2016 11:33 AM To: 'Rhonda.Funkhouse r@VDOT.Virginia.gov' <Rhonda.Fun khouser@VDOT.Virginia.gov> Cc: Phelps, Donald <dphelps@winchestermetals.com> Subject: RE: DMJ Holdings, LLC - VDOT Comments to Rezoning & Proffer Amendment Matt: It is the owner's intent to limit any future use to the 200 ADT per the exiting TIA. We are not proposing to revise the TIA not are we proposing any other improvements to the access. The owner understands the limitation imposed by the 200 ADT. Thanks John C. Lewis Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel: 540-662-5792 Fax: 540-662-5793 email: jclewis(cDpainterlewis.com From: Painter -Lewis, PLC - Office[mailto:office@painterlewis.com] Sent: Thursday, September 22, 2016 10:22 AM To: John Lewis <]clewis painterlewis.com> Subject: FW: DMJ Holdings, LLC - VDOT Comments to Rezoning & Proffer Amendment From: Funkhouser, Rhonda (VDOT) [mailto: Rhonda. Funkhouser@VDOT.Virginia.gov] On Behalf Of Smith, Matthew, P.E. (VDOT) Sent: Thursday, September 22, 2016 9:27 AM To: Painter -Lewis, PLC - Office <office@painterlewis.com>; jclewisC@painterlewis.com Cc: John Bishop <ibishop@fcva.us>; Ingram, Lloyd (VDOT) <Lloyd.Ingram@VDOT.virginia.gov>; Smith, Matthew, P.E. • 9 (VDOT) <Matthew.Smith@vdot.virginia. ov> Subject: DMJ Holdings, LLC - VDOT Comments to Rezoning & Proffer Amendment DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Our District Planning Section has reviewed the DMJ Holdings, LLC Rezoning and Proffer Amendment and offer the following recommendations: 1. The rezoning application for the DMJ Holdings LLC Proffer Amendment dated August 15, 2016 generally utilizes the previously approved proffers with minor edits to permit fast food restaurant with drive through use on the property. The transportation improvement proffers as developed from the recommendations of the previously submitted TIA in 2009 have been maintained with the Proffer Amendment. Proffer #2 "Limitation of Future Development", which is unchanged from the originally approved proffers, sets a property development cap of 200 site generated trips per hour during any hour of the day (based on ITE trip rates). The proposed fast food with drive through lane use (ITE code 934) with a 4,000 square feet gross floor area will exceed this cap in the AM peak hour of the generator. Therefore, as the proffers are currently written, if the proposed fast food land use is developed, the remainder of the property will be undevelopable in the future. Please advise. 2. Should the applicant choose to revise the proffers to permit additional development of the property, given the age of the original TIA and change in development intensity, VDOT Staunton District Planning recommends the preparation of an updated TIA to support the proffer amendment. 3. During the June 28' meeting between VDOT and the developer / property owner at the Edinburg Residency, coordination with the adjacent property owner (additional B2 zoning) to realign / improve Custer Avenue and Pembridge Avenue in order to improve access opportunities to the commercially zoning properties was discussed. Did this outreach take place and were improvements considered? Should you have any questions or would like to discuss these items, do not hesitate to let me know. Matthew B. Smith, P.E. I Area Land Use Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 voice: 540/984-5615 fax: 540/984-5607 e-mail: Matthew. Smith Ccbvdot.virginia.gov y 400 is W f DMJ HOLDINGS, L.L.C. DRAWN BY: Route 50 East & Custer Ave. PAINTER-LEWIS, P.L.G. Frederick Co., Virginia 817 Cedar Creek Grade, Suite 120 SALE: rlrS DRAWN BY: JLf WINCHESTER, VIRGINIA 22601 TELEPHONE (540) 662-5792 DATE:08-18-09 .roe /081200z FACSIMILE (540) 662-5793 DRAWING NO. EMAIL: otiiceOpointerlewis.com AERIAL EXHIBIT 3. Deed to Parcels John Lewis From: Funkhouser, Rhonda (VDOT) <Rhonda.Funkhouser@VDOT.Virginia.gov> on behalf of Smith, Matthew, P.E. (VDOT) <Matthew.Smith(@vdot.virginia.gov> Sent: Thursday, September 22, 2016 9:27 AM To: Painter -Lewis, PLC - Office; jdeWs@painterlewis.com Cc: John Bishop; Ingram, Lloyd (VDOT); Smith, Matthew, P.E. (VDOT) Subject: DMJ Holdings. LLC - VDOT Comments to Rezoning & Proffer Amendment 6 DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valle}, Pike Edinburg, VA 22824 Our District Planning Section has reviewed the DMJ Holdings, LLC Rezoning and Proffer Amendment and offer the following recommendations: 1. The rezoning application for the DMJ Holdings LLC Proffer Amendment dated August 15, 2016 generally utilizes the previously approved proffers with minor edits to permit fast food restaurant with drive through use on the property. The transportation improvement proffers as developed from the recommendations of the previously submitted TIA in 2009 have been maintained with the Proffer Amendment. Proffer #2 "Limitation of Future Development", which is unchanged from the originally approved proffers, sets a property development cap of 200 site generated trips per hour during any hour of the day (based on ITE trip rates). The proposed fast food with drive through lane use (ITE code 934) with a 4,000 square feet gross floor area will exceed this cap in the AM peak hour of the generator. Therefore, as the proffers are currently written, if the proposed fast food land use is developed, the remainder of the property will be undevelopable in the future. Please advise. 2. Should the applicant choose to revise the proffers to permit additional development of the property, given the age of the original TIA and change in development intensity, VDOT Staunton District Planning recommends the preparation of an updated TIA to support the proffer amendment. 3. During the June 28°i meeting between VDOT and the developer / property owner at the Edinburg Residency, coordination with the adjacent property owner (additional B2 zoning) to realign / improve Custer Avenue and Pembridge Avenue in order to improve access opportunities to the commercially zoning properties was discussed. Did this outreach take place and were improvements considered? Should you have any questions or would like to discuss these items, do not hesitate to let me know. Matthew B. Smith, P.E. I Area Land Use Engineer Virginia Department of Transportation Clarke, Frederick Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 voice: 510/98-1-5615 fax: 540/981-5607 e-mail: Matthew.5mlth@vdot.virginO.gov Martha Hardy.* • From: John Bishop <jbishop@fcva.us> Sent: Monday, December OS, 2016 3:45 PM To: Martha Hardy Cc: John Lewis; Candice Perkins Subject: Re: Rezoning proffer amendment-DMJ Holdings property-VDOT comments -Planning transportation comments I disagree with the decision to not attempt coordination with your neighbors, but I acknowledge that you have answered my comments. Thankyou John On Dec 5, 2016, at 2:53 PM, Martha Hardy <mhardy@painterlewis.com> wrote: Mr. Bishop, I am contacting you again concerning your comments for the DMJ Holdings Proffer amendment. We are awaiting your response so we can proceed with the formal submission. Sincerely, Martha Hardy Staff Engineer Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel: 540-662-5792 Fax: 540-662-5793 From: Martha Hardy [ma iIto: mhardy@ painterlewis.com] Sent: Thursday, November 10, 2016 3:06 PM To:'Mattliew.Smith@vdot.virginia.gov' <Matthew.Smith@vdot.virginia.gov>;'jbishop@fcva.us' <jbishop@fcva.us> Cc: 'John Lewis (jclewis@painterlewis.com)' <jclewis@painterlewis.com>; 'Candice Perkins' <cperkins@fcva.us> Subject: Rezoning proffer amendment-DMJ Holdings property-VDOT comments -Planning transportation comments Mr. Smith, Mr. Bishop: This email serves to address your comments regarding the Proffer amendment for the above mentioned property: 1. We are aware that amending the proffers to allow fast food restaurant may cause the remainder of the property to be undevelopable in the future, in accordance to Proffer 42, "Limitations of Future Development": "the applicant agrees to limit future use to those which will not gener- 1-- an excess of 200 vehicle trips per hour dog any hour." The transportation improvementoffered remain unchanged. Should the applicant choose to revise the proffers to permit additional development in the future, we acknowledge that VDOT may recommend the preparation of an updated TIA. At this time, discussions with neighboring B2 zoning to improve access opportunities to the commercially zoned properties will not be undertaken. The approved transportation improvements proffered remain unchanged. We hope this addresses both VDOT's comments and Frederick County's transportation comments, and look ahead to receive a confirmation that your concerns have been addressed so we can proceed with submission. Sincerely, Martha Hardy Staff Engineer Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel: 540-662-5792 Fax: 540-662-5793 Martha Hardy.* • From: John Bishop <jbishop@fcva.us> Sent: Thursday, November 10, 2016 9:22 AM To: 'Martha Hardy' Cc: Candice Perkins Subject: RE: Rezoning -proffer amendment-DMJ Holdings property -Route 50 and Custer Ave Martha; I am sorry for the delay. I was circling around with VDOT to find out how their comments had been addressed. They have informed me that they received no response. My comments are as follows. 1. As noted by VDOT, I would like to make clear that if a fast food with drive through use will exceed your proffered limitation of 200 trips per hour based upon a standard 4000 square foot fast food use. In your impact statement, you have used a calculation based upon seats, which VDOT does not use in TIA's. 2. Please address VDOT's comment number 3 regarding coordination with neighboring property owners. 3. Provided the above items are addressed, staff is generally supportive of the right in/right out access on Route 50. John A. Bishop AICP Assistant Director —Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 1 COUNTY of ITEDERICK Department ol'Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 August 29, 2016 Mr. John Lcwis, PE Painter -Lewis, PLC 817 Cedar Creek Grade, Ste. 120 Winchester, Virginia 22661 RE: Proposed Rezoning for DNIJ Holdings (Proffer Amendment) Property Identification Number (PIN): 64A-4-16A, 16, 17, 18, 19, 20 Dear John: I have had the opportunity to review the draft rezoning application for the DM.I Holdings property. This application seeks to revise the proffers approved in 2009 for 2.85 acres of land zoned B2 (Business General) District. Staffs review comments are listed below for your consideration. 1. Senseny/Eastern Frederick Urban Area Plan. The site is within the limits of the Senseny/Eastern Frederick Urban Area Plan. The plan shows the area where this site is located with a commercial use designation. The existing B2 Zoning generally consistent with the Senseny/Eastern Frederick Urban Area Plan as it relates to this area. 2. Proffer Statement — Generalized Development. The proposed restaurant should be removed from the proffered GDP; the GDP from the original rezoning should be utilized. It is acceptable to include the restaurant layout as a conceptual plan, but this should not be included in the proffers. 3. Transportation Comments. Please note that transportation comments on the rezoning application fi•om John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 4. Agency Comments. Please provide appropriate agency comments from the following agencies: V►rg►n►a Department of rransportation and the County Attorney. Page 2 Mr. John Lewis RE: DMJ Holdings Rezoning August 29, 2016 5. Proffer Amendment Fees. Bascd on the fees adopted by the Board Of Supervisors on April 23, 2008, the rezoning fee (proffer amendment not requiring a I)Llbllc hearing) for this application is $1,000. 6. Special Limited Power of Attorney. Please have the property Owners complete the special limited power of attorney form which aLIth01.1ZCS YOU to I-CI)I-CSCIlt thClll dui-]]lg the application process. All of- the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd Enclosure PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS tel.: 817 Cedar Creek Grade, Suite 120 fax.: Winchester, VA 22601 email December 6, 2016 Ms. Candice E. Perkins, AICP, CZA Assistant Director Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 (540) 662-5792 (540) 662-5793 office@painterlewis.com RE: Proposed Rezoning for DMJ Holdings (Proffer Amendment) PIN 64A-4-16A, 16, 17, 18, 19, 20 Dear Ms. Perkins: We have reviewed your comments dated August 29, 2016, and have addressed them as follows: 2. Proffer Statement: the GDP exhibit from the original rezoning application has been utilized for the current proffer amendment application. 3. Transportation comments from Matthew B. Smith, VDOT, as well as John Bishop, Assistant Director have been addressed. A copy of their response is attached. 4. The comments from Roderick B. Williams, County Attorney have been addressed and the proffer statement has been revised accordingly. 5. The proffer amendment fee in the amount of $1,000.00 has been included. 6. The Special Limited Power of Attorney has been completed, signed, and attached. Please call me if you have any questions or if you need additional information. Thanks; John C. Lewis, P.E., L.L.A. C: D. Phelps Attachments: Special Limited Power of Attorney Rezoning Application Proffer Amendment Packet Proffer amendment fee Job No.:1603018 Page 1 PAINTER-LEWIS, P.L.C. 5. Agency Comments 0 0 IMPACT ANALYSIS STATEMENT for DMJ Holdings, L.L.C. Route 50 East & Custer Avenue Shawnee Magisterial District Frederick County, Virginia March 24, 2009 Revised: July 2, 2009 Revised: August 15, 2016 Prepared for: DMJ Holdings, L.L.C. Mr. Mark Phelps 345 Phelpsmore Lane Winchester, Virginia 22602 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 1603018 IMPACT ANALYSIS SOFEMENT 41 DMJ Holdings, L.L.C. IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section page L INTRODUCTION 2 A. SITE SUITABILITY 2 B. SURROUNDING PROPERTIES 3 C. TRAFFIC 4 D. SEWAGE CONVEYANCE AND TREATMENT 5 E. WATER SUPPLY 5 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 6 J. LOT CONSOLIDATION 6 K. HOA MEETING RESULTS 6 IMPACT ANALYSIS S*EMENT • DMJ Holdings, L.L.C. i. INTRODUCTION DMJ Holdings, L.L.C. (the applicant) proposes to rezone six parcels of land located on the north side of Route 50 at its intersection with Custer Avenue in Frederick County, VA. The parcels (the site) are currently zoned RP (Residential Performance District) and are identified by the following Tax Identification Numbers: Tax Map No. Area (acres) Ex. Zoning Pr. Zoning 64A-4-16A 0.0355 RP B2 64A-4-16 0.6887 RP B2 64A-4-17 0.7504 RP B2 64A-4-18 0.6112 RP B2 64A-4-19 0.5318 RP B2 64A-4-20 0.2311 RP B2 Total 2.85 The applicant is requesting to rezone the properties from RP, Residential Performance District to B2, Business General District. The total area of the request is approximately 2.85 acres. Please refer to Exhibit 1 on the following page. The intended purpose of the rezoning is to enable the applicant to develop the site for commercial purposes. A. SITE SUITABILITY The subject parcels are located at the northwest corner of Route 50 and Custer Avenue. The description of B2 zoning in the Frederick County Zoning Ordinance states that general business areas are located at major intersections, involve frequent and direct access by the general public, and should have direct access to major thoroughfares. All the other parcels fronting on this intersection are currently zoned B2 or contain commercial uses. This site is suited for rezoning to the Business General District. The Eastern Frederick County Long Range Land Use Plan designates these parcels as "Business". The parcels are within the Urban Development Area and the Sewer and Water Service Area. If any existing wells and drainfields are identified on the properties, they will be located and appropriately abandoned at the time of development. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0115 B shows the subject area to be outside of any flood hazard zone. WETLANDS No wetlands have been identified on this site. As a result of the development of this site, construction activities will occur off site. In the event that construction will impact off site wetlands, the requisite permits will have to be obtained to allow disturbance of jurisdictional wetlands. K (A ZONING: RP I m RESIDENTIAL I I I l l A Z RHYNE to ZONING RP 145 RESIDENTIAL I I I / 100 rn 1 � f" Z TM�NEEDY z�orlu+c '� Co A / / / RE9DENTUL- _ f p n m \ I �0 nE N • �ps r -.-L1L-\ TATM/RQIT152 ♦`_—`sT® GREETM TM/84A-4-15 MENDOZA / O p =' C) m ZONING: RP /B4A-10-1-153 rt v �• Q� C RESIDENTIAL ZONING: RP (D O"1 D \ RESIDENTIAL / \ N N v) ch �/� /A �I V N C CARROLL n CD (o a)rt v TM%84A-10-1-8 I 3 O N N _ ZONING: I I • I IVAC ■ CARROLL f I \ \ T6M-4-20A 1 m M p `\ \ \ o �ez 1 D I 1 X C \ DMJ HOLDINGS LLC0 TM 4 16A ZONING:RP^ \ �� ! VACANT C //Z� NCHESTER OUTDOOR �� / V, AJ O ` \ \ \ /� \ ` ` \ TWOS -13 V• \ \7/ \ \ ` COMMERCIAL Z \ \ 00 S 47 GROG \ \ �Aj41 0 ZONING: 02 Z VACANT S o \\ \\so _ ZZ Dc ` MARLOW INVESTMENTS, Lc ZONING: 82 rf8*- `` \ \ \ J \ \ \ \ o COMMERCIAL ca o \ \\ \ so IMPACT ANALYSIS S'iTrEMENT DMJ Holdings, L.L.C. STEEP SLOPES According to the soil survey information there are no steep slopes located on this site. The general elevation of the site is lower than the adjacent residential lots and therefore, the apparent height of commercial buildings will be minimized when viewed from the neighborhood. MATURE WOODLANDS There are no mature woodlands located on this site. SOILS According to the Soil Survey of Frederick County, the site contains the following soil types: • Blairton silt loam: 3C (7-15%) This soil is moderately deep, strongly sloping, and somewhat poorly drained. It is mostly found along heads of drainage ways and in broad upland depressions. • Weikert-Berks channery silt loams: 41 D (15-25%) This consists of shallow and moderately deep, moderately steep, well drained soils on side slopes and ridges. B. SURROUNDING PROPERTIES The parcels to be rezoned are bordered to the north by residential properties contained within the Pembridge Heights subdivision. The parcel to the west is residential. The parcel to the east is zoned B2 and is vacant. The parcels directly across Route 50 to the south are all zoned B2. The following table lists all adjacent owners and parcel numbers. Tax Map No. Owner Ex. Zoning Ex. Use 64A-4-20A Carroll, James H. B2 Vacant 64A-10-1-13 Carroll, James H. B2 Vacant 64A-10-1-153 Mendoza Espinoza, Armando RP Residential 64A-10-1-152 Pyle, Glenn RP Residential 64A-10-1-151 Needy, Ivang RP Residential 64-A-93 Grove, Eugene F B2 Vacant 64A-10-1-145 Rhyne, Jerry & Julie RP Residential 64A-10-1-144 Zhan , Yuan Shun RP Residential 64A-4-15 Carter, Jan RP Residential 64-A-89A Marlow Investments, LC B2 Commercial 64A-A-13 Winchester Outdoor I RP Commercial C. TRAFFIC The property is located at the signalized intersection of Custer Avenue and Route 50. According to the Frederick County Eastern Road Plan, Route 50 is designated as a six lane, divided, urban section. At the location of the site, Route 50 is generally a four lane, divided, rural section. Please refer to the existing conditions plan shown on Exhibit 2 on 3 IMPACT ANALYSIS S_07AFEMENT • DMJ Holdings, L.L.C. the following page. There are no long range plans for altering Custer Avenue from its current configuration. Access to the site will be carefully planned to insure safe and efficient traffic flow. The site has frontage on both Custer Avenue and Millwood Pike, however, access from both rights of way could be problematic without thorough analysis. The future traffic patterns should be planned with consideration given to the adjacent commercially zoned parcel identified by Tax Map #64A-4-20B. While access to Custer Avenue would allow traffic exiting the site to utilize the existing traffic signal at Route 50, there appears to be insufficient stacking depth for southbound traffic. Therefore, the applicant is proposing a "right in" only from Custer Avenue that will serve only southbound traffic coming from the residential neighborhoods located to the north and east of the site. Please refer to the Location Map in Section 2 of this report. The primary access to the site is proposed to come from Route 50. Route 50 is a divided highway, therefore the access is proposed as a right in/right out only entrance. Interparcel access will be granted to the adjacent parcels (Tax Map #64A-4-20B and Tax Map #64A-4-15). This will provide the means to limit the number of access points on both Custer Avenue and Route 50. A Traffic Impact Analysis is contained in Section 7. The analysis was performed by Stowe Engineering, PLC. The TIA as presented is based on a build -out of the site which would include intensive traffic generators. The TIA assumes the construction of a 60 room hotel and a convenience store with eight fueling positions. These particular uses were proposed to achieve a high level of trips generated by the proposed site and thus to make provisions for street improvements that may result from the rezoning. According to figures from the Virginia Department of Transportation, the Average Annual Daily Traffic on Route 50, Millwood Pike, in 2004 in the vicinity of the site was 20,000 vehicles/day. Custer Avenue, Route 781, had an AADT of 1900 vehicles/day in 2004. The TIA shows that traffic that may result from the rezoning represents a minor portion of the projected traffic from existing and future developments. The TIA points out that there are now proffered improvements for the intersection of Route 50 and Prince Frederick Drive (Custer Ave.) that are associated with the Governors Hill project. With Phase 2 of the Governors Hill project the following improvements are proffered for the Route 50/Prince Frederick Drive intersection: • Construction of a second northbound left turn lane; • Extension of the storage for the northbound right turn lane; • Extension of the storage for the eastbound left turn lane; • Extension of the storage for the westbound left turn lane. The TIA recommends that additional improvements to this intersection be proffered in association with this rezoning that would include: 4 IMPACT ANALYSIS S_NFEMENT • DMJ Holdings, L.L.C. • Construct an additional southbound lane from the proposed entrance on Custer Avenue to Millwood Pike. This lane will serve as a right turn lane for south bound traffic. • Restripe the pavement on Custer Avenue at the intersection to delineate a right turn lane, and a combined through -left turn lane. The residents from the adjacent neighborhoods have expressed concern that the eastbound left turn lane is inadequate at times to provide vehicle storage. Potentially, this site could be developed before the Governors Hill project. Therefore, the Proffer Statement contains a commitment to increase the storage capacity of the left turn lane if required. Bicycle and pedestrian improvements will be constructed generally along the Route 50 frontage of the site. Pedestrian facilities will be constructed to link Pembridge Avenue with Route 50. Final design of these improvements will conform to the standards and requirements of the Virginia Department of Transportation and Frederick County. Please refer to the Proffer Statement. During the review of the TIA, concern has been raised that the U-turn movement at the Ryco Lane intersection with Route 50 may have significant impacts on westbound and eastbound traffic. Specifically, the concerns are 1) that traffic exiting the site will not be able to cross the westbound lanes of Route 50 safely to get to a position to make the U- turn to head eastbound, and 2) that the U-turn movement will create conflict with the eastbound traffic. The traffic engineer has evaluated the movement of vehicles which exit the site heading westbound and crossing both lanes to enter the left turn lane and has determined that this movement is functional. This evaluation has been attached to the end of the TIA in Section 7. The TIA states that at design year 2020, the peak hour U-turn movement at Ryco Lane is 32 VPH. The impact of these U-turn movements is mitigated by the existence of the center turn lane in Route 50 which provides protection for the vehicles and the upstream traffic signal which will provide gaps in the eastbound traffic into which these vehicles may make the U-turn movement. D. SEWAGE CONVEYANCE AND TREATMENT The site is inside the limits of the Frederick County Sewer and Water Service Area. The development would be serviced by the county sewer system. The location of the existing sewer lines is shown on Exhibit 3 on the following page. N mn Zo O Z zN mzj C/)z D J Z m 3 0 0 n N 3 m 0 a 0 0 0 0 3- s __. O cn n m `�° m r0o N N fD 1 �• U N N — ♦ ) In `/ o C, N O V 3 N O r C� -rim 0 m xm 004 MC XO n o Z C Z Z r �- rri G� n = Ij ml� DI Zvi m II y I A DC O r D{' < � Z j o I � w �o o z oN 0 N - ,y 675\ JC y -- a - F' D F4 <yMpiQF R p � .\ O � Lf� Q Q o >_ C , w > w `` Ol KIN OSS DRIVE D ARBY DRIVE b 00 DR 7 aO �o � � Q ST ANE1-Y � o D NEGA� � ���� OJT Uj COURry �v ,FLAN AGAN DRI 0 PEMgRIDGE D COURT << B" <<0 8" SIP SLb g„ 00 << 8 &0 cb � Q ? � o QD N � U) 0 Q U Q I cr- q7 �O 00 I O Q � K INv nl / PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662-5792 CONSULTING Facsimile (540)662-5793 _ PROJECT: SANITARY SEWER EXHIBIT DMJ HOLDINGS, L.L.C. FREDERICK COUNTY, VIRGINIA NAR�EY DRAWN BY: P-L SCALE: 1"-600.0' SHEET: �N; JOB NO.: 0812102 DATE: 3/5/09 IMPACT ANALYSIS S*EMENT • DMJ Holdings, L.L.C. E. WATER SUPPLY The site is inside the limits of the Frederick County Sewer and Water Service Area. The development would be serviced by the county water system. The location of the existing water lines is shown on Exhibit 4 on the following page. F. DRAINAGE According to Frederick County topographic mapping and the Frederick County Soil Survey this site has gentle slopes ranging from 2 percent to 25 percent. Storm water runoff generally toward the Route 50 right of way from west to east and passes under Custer Avenue in a culvert. With the development of this site a storm water management system would be implemented to control any added flow created by the increased impervious areas. G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash facility is located at the landfill on Sulphur Springs Road approximately two mile north and east of the site. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately 100 pounds of solid waste per acre per day that will be transported to the landfill. Tipping fees are currently $45 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that $2,280 in tipping fees will be paid to dispose of 50 tons of solid waste annually. H. HISTORIC SITES AND STRUCTURES This site does not contain any historic or "potentially significant" historic structures as listed in The Rural Landmarks Survey Report of Frederick County. There are several "potentially significant sites" that lie within a mile of the site. The Rural Landmarks Survey Report lists several other structures within approximately one mile of the site as shown on Exhibit 5. A copy of the Civil War Battlefields and Sites map has been included on the following pages. The subject parcels do not lie on any Civil War Battlefield sites. I. COMMUNITY FACILITIES DEVELOPMENT IMPACT MODEL The Frederick County Development Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facilities impacts of A Q ARBY DRY a 9 � � 7 BG • C� ST ANELY D R � CC o ` ��� O LL3DONE m U� w Q COURT FLAN AGAN DRI\/ (:jJ� �v j 0 m DR JURY PEMgRIDGE Do � o 9 STREET 8' O 8 DO v Cb Q� 9 r'-i.,_.K_j_ff` o Q CO lb (.C) o Q N ^0) _ \ QD Ca INVini O / v PROJECT: SuRvEY: PAINTER-LEWIS, P.L.C. NA NA 817 Cedor Creek Grade, Suite 120 WATER DISTRIBUTION EXHIBIT DRAWN 6Y: JOB NO.: Winchester, Virginia 22601 P—L 0812002DMJ HOLDINGS, L.L.C. Telephone (540)662-5792 SCALE: DATE: CONSULTING Facsimile (540)662-5793 FREDERICK COUNTY, VIRGINIA 1'=100.0' 3/5/09 _ _ _ SHEET: IMPACT ANALYSIS S-10*EMENT DMJ Holdings, L.L.C. commercial and industrial rezoning requests are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Millwood Station Volunteer Fire and Rescue Company located on Costello Drive. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that there will not be any projected capital cost for emergency service facilities attributable to this development. The owner recognizes the importance of emergency services, and proposes to proffer a monetary contribution to the local emergency responder. See the attached Proffer Statement. PARKS AND RECREATION There are typically no impacts on Parks and Recreation facilities associated with rezoning to a commercial use. J. LOT CONSOLIDATION Exhibit 6 on the following page shows the total site proposed for rezoning in a consolidated form. Consolidation will eliminate interior lot lines. Access easements will be created to preserve access to the adjacent parcels. K. HOA MEETING RESULTS A meeting with members of Pembridge Heights and Raven Wing home owners associations took place on May 28, 2009 at the home of Ralph and Elyse Pritchett. Pembridge Heights owners included the Pritchetts, Adrienne Hayes, and James Davern. Raven Wing owners included Howard Miller, James Oakes, Frank Lucostic, Pat Meyer, and Henry Noble. The meeting resulted in a number of concerns that can be categorized as concerns associated with existing conditions and concerns associated with conditions which would arise with a change in the zoning. CONCERNS ASSOCIATED WITH EXISTING CONDITIONS Traffic at the intersection of Custer Avenue and Route 50 is currently a concern. Discussion at the meeting resulted in the identification of four specific deficiencies associated with the intersection: 1) The turn signal cycle for the southbound lane on Custer Avenue seems to be too short to allow a sufficient number of vehicles through the intersection per cycle. 7 IMPACT ANALYSIS S**EMENT DMJ Holdings, L.L.C. 2) The southbound lane on Custer Avenue in the area of the intersection with Route 50 is in need of pavement repair. 3) A right turn lane should be added to Custer Avenue southbound to allow continuous right turn movement. 4) The vehicle storage area for left turns on Route 50 eastbound is not adequate. The applicant will address concerns 1, 2, and 3 by a commitment to add a right turn lane northbound on Custer Avenue. This will result in a repair of the existing pavement and allow more vehicles to pass through the intersection during each signal cycle. As pointed out in the Traffic Impact Analysis, the Governors Hill project has already committed to increase the vehicle storage capacity of the left turn lane east bound on Route 50. However, the applicant will commit to providing this improvement, and therefore address concern 4, in the case when the subject property is developed before the Governors Hill project. Please refer to the Proffer Statement in Section 7. CONCERNS ASSOCIATED WITH A CHANGE TO 82 ZONING Discussion at the meeting resulted in the identification of nine specific concerns associated with the proposed zoning change. 1) If a "destination use", such as a fast food restaurant, is developed on the site, there will be an unacceptable increase in traffic from the Senseny Road area associated with local trips. 2) A "white table cloth" restaurant is an acceptable use. A fast food or high turnover restaurant with drive -through service will be a source of noise, odors, and trash. 3) A commercial establishment will result in light glare impacting the residential neighborhood. 4) Freestanding signs may be illuminated to the point that the glare is offensive. 5) New buildings should be constructed from materials which are attractive and compatible with the adjacent residential uses. 6) The height of new buildings should be limited to decrease impacts on the adjacent residential uses. 7) Existing vegetation along the site perimeter should be preserved if possible. 8) Automobile sales establishments with outdoor sales areas should be eliminated as potential uses. 9) Lodging establishments with outdoor swimming pools should be eliminated as potential uses. • The applicant will address concerns 1 and 2 by prohibiting the site from being used for fast food or high turnover restaurants with drive -through service. Additional uses deem incompatible will be prohibited. E:3 IMPACT ANALYSIS SOEMENT DMJ Holdings, L.L.C. • Concern 3 is already regulated under the current guidelines in the Frederick County Zoning Ordinance. To further ensure against excessive glare, the applicant will restrict parking lot pole lights to 18' total, maximum height as measured from the ground surface. Wall mounted lights will be shielded to result in downcast lighting only and limited in their height above the ground surface. • The applicant will address concern 4 by ensuring that lighting sources for free standing signs shall be shielded, external, and directed only at the sign itself. Internal illumination of the free standing signs is acceptable only if the sign letters or characters themselves, not the background, are illuminated. • The applicant will address concern 5 by ensuring that compatible materials will be used in the external finishes of buildings. Multiple buildings will be required to exhibit a common architectural appearance. Roof top mechanical units will be screened from the view of the adjacent residential uses. • The applicant will address concern 6 by eliminating the height exception for hotels and office buildings as currently allowed in Section 165-24-B-(6) of the Frederick County Zoning Ordinance. • The applicant will address concern 7 by establishing a "non -disturbance area" within the buffer adjacent to the residential uses where it is practical to preserve existing vegetation. • The applicant will address concern 8 by prohibiting the site from being used for automotive dealers with outdoor display areas and gasoline service stations. • No prohibition on outdoor swimming pools has been added to the proffer statement. Outdoor pools would typically be associated with public lodging facilities. These facilities impose hours of operation to insure that the guests are not disturbed from their sleep. These types of pools generally seem to experience limited usage. Please refer to the Proffer Statement in Section 7. 0 YY�r`r 17** 1 MILE RADIUS FROM CENTER OF SITE 16 A _ HISTORICAL PROPERTY KEY 8 - UNIDENTIFIED 199 - BARR HOUSE Q Q j ` 417 - JOHN CARPER HOUSE- 418 - HOUSE, ROUTE 657 ® 1213 J y ` 423 - BRAITHWAITE HOUSE J W 1 424 - GARBER FARM 430 ROSENBERGER FARM •• � aZ (n - 462 PINGLEY HOUSE Z) Ir�r - O 463 - STORE, RT 522 ® OLD RT 645 Z U 464 - BEAVER HOUSE 465 - GOTHOIC REVIVAL HOUSE. PROPERTY C) F- J J Q Q Y "- BEAVER O U U 1129 - CARPER-WYNN HOUSE" 1176 - HEISHLAND HOUSE _ O � W T'"1f W 1I� w U w o %'- - NOTE: •• INDICATES A POTENTIALLY U Of d SIGNIFICANT SITE AS DENOTED BY -t= THE RURAL LANDMARKS ■ SURVEY REPORT OF FREDERICK COUNTY v■, O aN —_ (n N N C LU ��000 a a- -- u Cdw 0 E o 1; -C i WV N d N .. b C U N V y O U C H jZ E ^ W ON z� �W J W V z (n O W U II M SURVEY: C I.: NA NONE DRAWN BY: JOB NO.: 1200 0 1200 JLF 0812002 SCALE: DATE: -� 1.=1200' 03/05/09 Scale 1" = 1200 (t SHEET: EXHIBIT 5 4 0 i o V ! f �li I i i V 7** 1 MILE RADIUS FROM CENTER 0�1 SITE 1 5�10 HISTORICAL PROPERTY KEY 8 - UNIDENTIFIED 199 - BARR HOUSE U Q Q 417 - JOHN CARPER HOUSE** S` 418 - HOUSE, ROUTE 657 ® 1213 J 423 - BRAITHWAITE HOUSE J W 424 - GARBER FARM F— Z 430 - ROSENBERGER FARM** (n O .I 462 - PINGLEY HOUSE D O 463 - STORE, RT 522 ® OLD RT 645 z U V 464 - BEAVER HOUSE 465 - GOTHOIC REVIVAL HOUSE, I-' _J Y %= BEAVER PROPERTY Q Q 1129 - CARPER-WYNN HOUSE** O _U V 1176 - HEISHLAND HOUSE _ C ILLJ i- \� =L_ NOTE: ** INDICATES A POTENTIALLY OOf SIGNIFICANT SITE AS DENOTED BY 0- THE RURAL LANDMARKS SURVEY REPORT OF FREDERICK COUNTY _I N E C) O I__ N N N N o CD C 1 W � .- 0 ° �'t J0 `� f_ c I I c E 0 L � � -0 -C _N W U .. I a) U N C.) ~ z Ld 00 h 1 z MEN �w 1)w �� 0w SURVEY: C.I.: NA NONE DRAWN BY: JOB NO.: 1200 0 1200 JLF 0812002 SCALE: DATE: 1"=1200' 03/05/09 6NMA� SHEET: Scale 1" = 1200 It EXHIBIT 5 m0 0 �N Z� m� x z cf)G) m 3 om ro O j• U o CD �r G) 7 ■ . ■ f I i Cfl N Cl) c C O p O W CDas N 3 _ N O • r c� r m 010 Lo C- 0 O 0 r C oov cC)� o z 4N 4w Q r `SpFF 000 p 4SMpyvTF 1 • 0 traffic Impact Anaiysis submitted as a separate document 0 0 6. Impact Analysis Statement Page I of] Selected PARCF,I, Feature PIN A 4 16 Record Number 0220 I, ,map Insert Double Section Lot 16 Sublot Owner's Name WINCI IESTER METALS INC Owner's Name (Cont.) D M J I 101,O1NGS LLC Owner's Address 45 PI IELPSMORE LN Owner's Address (Cont.) Owner's Zip Code 22602 Physical Address 00000 Acreage .(,9 Zoning 132 Total Improvements "Total Land Value 154800 _ Total Property Value 154800 Instrument Year 2005 Instrument Number 23688 Deed Book Number Deed Book Page Number Building Year Built Building Sq. Ft. Month Last Sold 10 Day Last Sold --_—_--- — 12 Year Last Sold — 005 Selling Price 50000 Legal Description _ htip://gis2.co.frederick.va.us/l-recance/Cl ient/PublicAceess I /printFrame.htm1 8/15/2016 0 9 Page 1 of 1 Selected PARCEL. Feature PIN 4A 4 17 0221 q 17 WINCHESTER METALS INC D M J IIOLDINGS LLC 45 PHELPSMORE LN 2602 0000 75 Record Number Taxma Insert Double Section Lot ___ Sublot Owner's Name Owner's Name (Cont.) Owner's Address _ Owner's Address Cont. Owner's Zip Code Physical Address Acreage Total Improvements Total Land Value 168300 Total Property Value 168300 Instrument Year 005 Instrument Number 23688 Deed Book Number Deed Book Page Number Building Year Built Building Sq. Ft. Month Last Sold 10 Day Last Sold 12 _ Yenr Last Sold 005 Selling Price 50000 Lceal Descrintion ---- -- httpJ/gist. co.Frederick.va.us/Freeance/Client/PUb11CAcceSS1/printFrame.litml 8/15/2016 Uw orsuai 10MA3 A. LarniAH. P.C. wiwni.zre. V,FOiwA L" 0 05002:3688 0 0 w THIS DEED, made and dated this /v7 r.w day of Q,c To.66?,9 , 2005, by and between ZUCKERMAN ENTERPRISES, INC„ A Virginia Corporation, party of the first part, hereinafter called the GRANTOR, and D,M.J. HOLDINGS, LLC, A Virginia Limited Liability Company, party of the second part, hereinafter called the GRANTEE. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash m hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty of Title and English Covenants of Title unto the Grantee, in fee simple, its undivided one-half interest in the followmg described property and appurtenances thereto belonging Parcel One All of that certain lot or parcel of ]and, together with all rights, privileges, and appurtenances thereto belonging, lying and bemg situate along the Northern side of U S Highway No. 50, about one mile East of Winchester, in Shawnee Magisterial District, Frederick County, Virginia, fronting on said highway a distance of 100 feet and extending back Northward a uniform width a distance of 300 feet and being designated as Tax Map Parcel 64A-4-16, and further designated as Lot No. 16 on the plat of Asa J. Rosenberger Lots, which plat is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 203 at Page 537. This is the same parcel an undivided one-half interest in which was conveyed to C & S Steel & Fabricating, Inc. by Deed dated 14 November 1975 from Zuckerman Company, Inc., of record in the aforesaid Clerk's Office in Deed Book 451 at Page 655 Parcel Two All of that certain lot or parcel of land, together with all rights, privileges, and appurtenances thereto belonging, lying and being situate along the Northern side of U.S. Highway No. 50, about one mile East of Winchester, in Shawr= Magisterial District, Frederick County, Virginia, and being designated as Tax Map Parcel 64A-4-17, and further designated as Lot No 17 on the plat of Asa J Rosenberger Lots, which plat is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 203 at Page 537 This is LAW OinCe M)MASA LOUrMAMP.0 CD 0 the same parcel an undivided one-half interest in which was conveyed to C & S Steel & Fabricating, Inc. by Deed dated 14 November 1975 from Zuckerman Company, Inc , of record in the aforesaid Clerk's Office in Deed Book 451 at Page 655 Parcel Three All of that certain lot or parcel of land, together with all rights, privileges, and appurtenances thereto belonging, lying and being situate along the Northern side of U.S Highway No. 50, about one mile East of Winchester, in Shawnee Magisterial District, Frederick County, Virginia, and being designated as Tax Map Parcel 64AA-16A. This is the same parcel which was conveyed to Zuckerman Enterprises, Inc. and Charles Zuckerman and Son, Inc, by Deed dated 27 October 1988 from the Commonwealth of Virginia acting by and through the Commonwealth Transportation Commissioner, of record in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 700 at Page 225 C & S Steel & Fabricating, Inc. changed its name to Charles Zuckerman & Son, Inc., which changed its name to Winchester Metals, Inc Zuckerman Company, Inc, changed its name to Zuckerman Enterprises, Inc Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property Except as noted above, the Grantor covenants that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free and clear from all liens and encumbrances; and it will grant such further assurances of title as may be requisite IN IA71TNESS WHEREOF, Zuckerman Enterprises, Inc , has caused this Deed to be executed by its President, Richard E. Williams, all pursuant to a duly adopted resolution of the Board of Directors of Zuckerman Enterprises, Inc , who warrant that nothing in the Articles ur O� ,0MAS A I.OU711AN P C vn.+u�cna V'm— o 0 of Incorporation or Bylaws of Zuckerman Enterprises, Inc, prohibits the conveyance of this property by its President in this manner: Zuckerman Enterprises, Inc. By: �^'-�. - 4J� (SEAL) Richard E. Williams, President STATE OF VIRGINIA CITY OF WINCHESTER, To -wit: I, Janet M. Puffinberger, a Notary Public in and for the State aforesaid, do hereby certify that Richard E. Williams, whose name is signed to the foregoing Deed, dated the Jarf! day of D.-7-n,6 , 2005, has personally appeared before me and acknowledged the same in my State aforesaid. Given under my hand this /, � day of 2005. My Commission expires November 30, 2006 V1ROINIA. FREEDERICK COUNTY, SCT This instrument of writing was producod to niic on to and with certificate of acknowledgement therelo annexed was admitted Io rccord T imposed by Six 58 1-802 of j-pp ,and 58.1-801 have hec n paid. tf assessable 44a, A'4W4, Clerk Noti� �'uHlic "0����` PUN �FF/ r'�'''���'i Pie 0. ;r' Z MY n - ap _ ¢ COMMISSION ; Z 3 EXPIRES �O 11/30/06 ;,Q� �EALT H t1F BKi00PQ25 THIS DEED, Made this 27th day of October, 1988, by and between the COMMONWEALTH OF VIRGINIA, acting by and thrdugh the Commonwealth Transporta- tion Commissioner, Grantor, and ZUCKeRAW ENTERPRISES, INC. AND CHARLES ZUCKERMAN AND SON, INC., Grantees; WITNESSETH: THAT WHEREAS, the hereinafter described property was ac- quired in conjunction with the State Highway System, and WHEREAS, said property has been deemed no longer necessary for this purpose, and WHEREAS, accordingly, this conveyance was authorized in accordance with the provisions of Section 33.1-149 of the Code of Virginia (1950), as awnded, at a greeting of the Commonwealth Transportation Board held on October 26, 1988, by a resolution duly adopted and recorded in the minutes of the said greeting. NOW, THEREFORE, for and in consideration of the sum of SIX THOUSAHO, SEVEN HUNDRED TWENTY DOLLARS ($6,720.00), receipt of which is hereby acknowl- edged, and the affidavit of the Grantees that they are the owners of the adjacent property and that the adjacent property is free from liens and/or deeds of trust, the Grantor does hereby release, remise and quitclaim unto the Grantees the hereinafter described lot or parcel of land, all of which lies in Shawnee Magisterial District, Frederick County, Virginia; Being as shown on Sheet 4 of the plans for Routes 17 and 50, State Highway Project 0017-034-101, RW-201, and lying north of and adjacent to the north revised proposed right of way line (10/18/88) of Route 17, from the lands of the Commonwealth at a point approximately 30 feet left of approximate Station 60+08 (survey and WBL centerline) to the lands of the Commonwealth at a point approximately 30 feet left of approximate Station 61+15 (survey and WBL centerline), containing 0.04 acre, more or less, land. For a more particular description of the land herein conveyed, reference is made to the photocopy of said Sheet 4, showing outlined in RED the said land, which photocopy is hereto attached as a part of this conveyance and Is to be recorded simultaneously herewith in the State Highway Plat Hook. It is understood and agreed by and between the parties hereto, that this conveyance is subject to any right, privilege, or easement encumbering the herein described land, whether located above, upon, or under the surface, either presently in use or of record, y i 0 IN WITNESS WHEREOF, the ComnmOnwealth of Virginia, acting by and through Ray 0. Pethtel, Corwonwealth Transportation Commissioner, has caused this deed to be executed in her name as of the day, month, and year first above written. COM 01fdEALTH OF VIRGINIA 8y (SEAL) Commomr ra por a n omm ss oner COPWNHEALTH DF VIRGINIA City of Richmond, To -Wit; I. Jo�p � V e�a Notary Public in and for the State of Virginia at Large, do certify that Ray D. Pethtel, Como"alth Transportation Commissioner, whose name is signed to the foregoing writing bearing date on the 27th day of October, 1988, has acknowledged the same before me. My commission expires Given under my hand this 1y"e-4, day of 1988. E ary c YMINLA: FREDMCK COUNTY, SOT. dayy� 1 to ffA on the /% 1s at u� ? . and with cerbr"Ie of acknowkdgmmt thereto annexed was admittpd to record. Tax Imposed by Sec. 58-54.1 of p, and W54 la1ve, /been paid, it nsumb4. -2- —Zk C 4 VENUE STAMPS r. 2 3 �✓ .55 it �- GCELLF.D— �`r3 SUSAN J. TOKES (SEAL) to of Virginia, ty of Frederick, To -Wit: I, Nancy W. Glover, a notary public in and for the County of rederick, in the State of Virginia, do hereby certify that Susan J. Tokos, whose name }'signed to the foregoing and annexed writing, bogring date the 17th day of January, has personally appeared before me in my County aforesaid and acknowledged the same-,. 14y commission expires May 19, 1949. i Given under my hand this 17th day of January, 1948. I i NA14CY W. GLOVER Notary Public COUNTY, (SCTj This instrument of writing was produced to me on the 17th day j of Jan. 1948 at 4:25 P. N. and with certificate of aytjowledgment thereto annexed was rdmitted to record. I �{ ( U , CLERK I I ;t {cfttttt ft;.;} f tit ft tt # ft, � ir;:-rr; rfs {r;rtHr 3 A L. ROSENBERGER ft .. .. .. PLAT 14?f*It ***o 4Hf-t{fiririN}iHFiFi}itiFif it IM _ �Exd a7 r?y8 The undersigned, Asa L. Rosonborgor, widower, being the owner of the hereinafter described land lying and being situate along the ttiorthern side of U. S. Highway Ivo. 50 about one mile Ernt of the r,;ty of Winchester, in Shav{nee District �Y,�LL Frederick County, Virginia, said land being a portion of that certain larger tract or parcel of land which was conveyed to the said Asa L. Rosenberger by Nannio B. Chamberlin-, !I and husband, by deed dated 1Jnrcb 15, 1909, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 130, page 189, do hereby ' certify that the land embraced within the annexed plat has been sub -divided into lots, the dimensions and areas of which are accurately shown on said plat; that said sub- I division and plat has been made with the full and free conSent,••and desire of the under-'i signed, and this certificate together with said plat, which by this reference id in- icorporated in this instrument, is submitted to the Clark of the Circuit Court of !Frederick County, Virginia, for recordation pursuant to the provisions of Sections 1 I5217-18 of the Code of Virginia. It is expressly stipulated that the lots included in Said sub- division shall be sold and remain subjuct to the following restrictive conditions i ;Rhich are hereby declared to be covenants real running with the land. Leta 1Jos. 2, 3. 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, d,j 16 shall be sold and remain subject to the following oondi-tions: (1) That said lots shall be used only for residential nurnn..: (2) That said lots shall not be sold or leased to , nor the r possession thereof in any manner transferred to any person or persons other than Merl r of the Caucasian Race. (3) That no dwelling or other building shall be erected Deer than 75 feet to the Northern boundary of U. S. Highway No 50 r (4) That no privy or outside toilet may be erected, or main• itained thereon. I(5) That all sewago disposal must be by means of septic tankq I and drainage approved by the Common Council of t}re City of Winchester, Virginia. I That lots Nos. 1, 17, 18, 19, 20, 21, 22, 23, and 24 shallbi sold and remain subject to the following conditions; (1) Said lots shall be used only for residential purposes, or for restricted commercial purposes, Such as gasoline filing station, cabin camp, restaurant, store, or business of a like nature. (2) That said lots shall not be sold or leased to, nor the I possession thereof in any manner transferred to any person or persons other than monbs.' Iof the Caucasian Race, i (3) That no'privy or outside toilet may be erected, or main - Itained thereon. I(4) Tbat all sewage disposal must be by means of tank) and drainage approved by the Common Council of. the City of Winchester, Virginia. IGiven under sly hand and seal this 17th day of January, 1948. i ASA L. ROSENBERGER (SEAL) I j State of Virginia i County of Frederick, to -wit: I I, Virginia Ritter, a notary publio in and for the County of Frederick, in the State of Virginia, do hereby certify that -Asa L. Rosenberger, whose Dame is signed to the foregoing writing bearing date of January 17, 1948, has personal appearod before me in my county aforesaid, and aoknowledgod the name. Given under my hand thin 17th day of January, 1948. MT commission expiron Maroh 24, 1948. VIRGINIA RITTER �--- irotaIy F-ublib i I f i i 1 � . PJtOP �Z oS ENHER GER F,�4M Q' \ oSCa So �EN1-R4.UCL N Fay pn Z 3S• /oo /00 /oo N f 7' w So J / /oo /00, /oo /oo /oo /oo j 3 4 s 6 7 8 9 /o ¢ of J/ W TJ O E \ y FRANt< MILLER 2 .>J CD N �5 0 /oo� loo �v /Oo /00 /00 636 /aS.3 lo,s. JpO l0 3A 3 y Z c o 0 /7 18 19 I( �}I O - 6 — - 00 - 9 4.7 J o / o o I ,^5-v° i�. L /oo Joo Joo /ao /oo /oo alb 5� y100 1 ° Joo T s k -•C� 00 /oo /oo Joo /oo $,F +: 1Oa .S 1j� trc Lor AQGAS NEW V. �$. HJGNWAY Mp <Sp 01-0 (�5' Z-J6 49�S90 13q F77 30 occ /g z6, 66S .�J L- ors o F 2 JSd�._. �oSEN B E /Z GEf2 z-3. z9S z� z3 ZQ 0004OUT£/ MILETE/iST TH lSJOE OF CI, S NIGN w,y JV 2¢ iJ, SG Z.s J°Af2r op OP W/NGHES rO. 6 2i O:eo f9RFP/E B ✓/ NO' 1/A. W. CHAMS£,� s�rv£�cd ocroHE� 30 /a47 6 cook /30 AGE g9 y� J c a A,eD' L% G c 0 o E C.S. — - .r.Y',dw�r•.1.�sy���...�w. _. ,.•sic....... _.. - . _ - Page l of 1 Selected PARCEL Feature PIN 64A 4 18 Record Number 20222 1,.gxmlp 64 Insert A Double Section Lot 18 Sublot Owner's Name DMJ I IOLDINGS LLC Owner's Name (Cont.) Owner's Address 345 PI I1-1,PSMOR6 LN Owner's Address (Cont. Owner's Zip Code 22602 Physical Address 00000 Acreage 0.61 Zoning 132 Total Improvements Total Land Value 136800 Total Property Value 136800 Instrument Year 2006 Instrument Number 21923 Deed Book Number Deed Book Page Number Building Year Built Building Sq. Ft. Month Last Sold 11 Day Last Sold _ _ 7 Year Last Sold _ 2006 Selling Price 350000 Legal Description littp://gis2.co.frederick.va.us/Freeaiice/Client/PublicAccessl/priiltFrame.11tml 8/15/2016 Page 1 of 1 Selected PARCEL Feature PIN Record Number Taxma Insert Double Section Lot Sublot Owner's Name _ Owner's Name (Cont.) Owner's Address Owner's Address (Cont.) Owner's 'Lip Code Physical Address Acreage Zoning I Total Improvements Total Land Value 1 Total Property Valuc I Instrument Year Instrument Number Deed Book Number Deed Book Page Number Building Year Built Building Sq. Pt. Month Last Sold I Day Last Sold _ Year Last Sold Selling Price Legal Description 64A 4 19 20223 54 )M1 IIOLDINGS LLC 145 P1IELPSMORF LN '2602 )1237 MILIMOOD PIKE ).53 32 18900 18900 006 1923 1 7 006 50000 http://gist.co.fi•ederick.va.us/Freeance/Client/PublicAccess 1 /printFrame.litml 8/15/2016 • Page l of 1 Selected PARCEA, rcalure PIN AA 4 20 Record Number 0225 Taxniap 4 Insert A Double Section Lot 20 Sublot Owner's Name DMJ HOLDINGS LLC Owner's Name (Cont.) Owner's Address 345 PHELPSMORE LN Owner's Address (Cont.) Owner's Zip Code 22602 Physical Address 00000 Acreage 0.23 Zoning 132 Total Improvements Total Land value 51600 Total Property Value 51600 Instrument Year 2006 Instrument Number 21923 Deed Book Number Deed Book Page Number Building Year Built Building Sq. Pt. Month Last Sold 1 I Day Last Sold 7 Year Last Sold 2006 Selling Price —------------- 350000 - �— Legal Description ---�-- http://gist.co.frederick.va.us/Freeance/Client/PublicAccess 1 /printFrarne.html 8/15/2016 • • 7563-8204 EBY/cmj 060021923 0 0 v, THIS DEED, made and dated this 22TD day of November, 2006 by and between SAMUEL N. WHITACRE and JOANNE V. WHITACRE, husband and wife, LEE S. WHITACRE and LEIGH ANNE WHITACRE, husband and wife, and JAMES L. LONGERBEAM and SHELDA W. LONGERBEAM, husband and wife, hereinafter called the Grantors, and DMJ HOLDINGS. LLC, a Virginia Limited Liability Company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash 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 those three (3) tracts or parcels of land lying and being situate along the northern side of the old U. S. Highway No. 50 about one mile cast of Winchester in Shawnee Magisterial District, Frederick County, Virginia as follows: Tract One: That certain lot or parcel of land fronting on said road a distance of 100 feet and extending back northward a uniform width a distance of 283.5 feet along its western side and 249.8 feet along its eastern side, with a width of 105.3 feet in the rear, and being the same land identified as lot No. 18 on the plat of the Asa L. Rosenberger lots, which is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 203, at Page 537, et seq. Tract Two: That certain lot or parcel of land fronting a distance of 100 feet on the northern side of the Old located of U. S. Highway No. 50, and extending back northward a distance of 249.8 feet along its western side and 216 feet along its eastern side, with a width of 105.3 feet in the rear, and being the same land identified as lot No. 19 on the plat of the Asa L. Rosenberger lots, which is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 203, at Page 537, et seq. u 0 r_rt Tract Three: That certain lot or parcel of land being the western portion of U) Lot No. 20 on the plat of the Lots of Asa L. Rosenberger, of record in the aforesaid Clerk's Office, said lot fronts 50 feet on the north side of old U. S. Highway No. 50, and extends in a northerly direction contiguous to the eastern boundary of Lot 19 on said plat for a distance of 216 feet with a width in the rear of 50.2 feet. AND BEING the same property conveyed to the Grantors herein by Deed dated September 15, 1993 of record in the Office of the Clerk of the Circuit Court of Frederick County, in Deed Book 805, at Page 163, Reference is hereby made to the aforesaid instruments and the reference therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to all legally enforceable restrictive covenants and casements of record affecting the aforesaid realty. The Grantors do hereby covenant that they have the right to convey to die 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. WITNESS the following signature and seal: Z42!��O_j � , —(SEAL) SAMUEL N. WHITACRE, i �--� (SEAL) JOA T (SEAL) EE S.,WHITACRE / i JAMES L. LONGERBEAM 61 �—_(SEAL) SHELDA W. LONGERBEAM \_1 0 0 0 STATE OF VIRGINIA o Ln COUNTY OF FREDERICK, To -wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Samuel N. Whitace and Joanne V. Whitacre, whose names are signed to the foregoing Deed, dated this 22" day of November, 2006 have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 22nd day of November, 2006. My commission expires: 12/31/080 ---_ C;�V' Notary bl ` 0 STATE OF VIRGIMAJt a COUNTY OF FREDERICK, "fo-wit: 4 •� �'' y' I, Cathy M. Jewell, a Notary Public in and for the Stale and jurisdiction a oresaid, do hereby certify that Lee S. Whitace and Leigh Anne Whitacre, whose names are signed to the foregoing Deed, dated this 22' day of November, 2006 have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 22`a day of November, 2006. My commission expires: 12/31/08. Notary Pu is 3 0 a I STATE OF VIRGINIA 0 0 cn co COUNTY OF FR.EDERICK, To -wit: 1, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that lames L. Longerbeam and Shelda W. Longerbeam, whose names are signed to the foregoing Deed, dated this 22nd day of November, 2006 have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 22nd day of November, 2006. My commission expires: 12/31/08c Notary Pub VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on 1- 21- ZOO(- ��A • M and with certifiC:uc ackno%+1cd-,cmcnt thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of S SS-0- 00 , and 58.1-801 have been paid, if assessable. 4,.,4 � , Chem, 4 0 OK805PGO163 THIS DEED made and dated this J_�j„ day of 1993, by and between PM41TH L. BARTLEY, EXECUTOR, Executor under the Will of Arnold J. Bartley, Sr., deceased, Grantor an4 party of the first part, PRENITH L. BARTLEY, individually, NORIS B. WILSON, BRUCE A. BARNETT, LYNN E. WILSON, single, LORI WILSON DOUGLAS and LINDA B. JOHNSON, heira, parties of the second part; SAMUEL N. WHITACRE and JOANNE V. WHITACRE, his wife, parties of the third part, and LEE S. WHITACRE and LSIGH ANNE WHITACRE, his wife, parties of the fourth part, and JAMES L. LOHGERBEAH and SHELDA W. LONGERBEAM, his wife, parties of the fifth part; and A. CAROLE BARTLBY, LORIS E. WILSON, JOYCE BARNETT, THOMAS P. DOULYIdS and GEORCE C. JOHNSON, spouses, parties of the sixth part. MIEREAS, Arnold J. Bartley and Dolly G. Bartley, his wife, weTv the owners of the three (3) parcels convayad herein with survivorship and Dolly G. Bartley preci,oaaued her huoand vesting full title in such parcels in Arnold J. Bartley; and i WiEREAs, Arnold J. Bartley died testate on July 24, 1991, seined and poosassed of the hereinafter described tracts orr parcels of land, and by the terms of hie Will recorded in the Office of the Clock of the Circuit Court of Frederick County, Virginia in will Book 101, at Page 1159 appointed Prenith L. Bartley as Executor with authority to eell such land. The said Prenith L. Bartley, party of the • first part has duly'qualified as Executor under the terms of amu Y. • TiM�OC1(t�01fR7f1 oi.AM AnOMtMAT W ' �z,oun�ta�trrs�a><r rAMOlt6f 1l1, V I R6iM1 A nMt 0 M0SPGp f 6j, the Will as evidenead by the Certificate recorded in the aforesaid Clerk's Office in Will Book 101, at Page 1166. WH PYAs, under the terms of said Will, all the rest, residue and remainder of the Estate of Arnold J. Bartley, sr., deceased, including the lot conveyed herein, was devised to his children, Prenith L. Bartley and Norio B. Wilson; and hie grandchildren, Bruce A. Barnett, Lynn E. Wilson, single, Lori Wilson Douglas and Linda B. Johnson. NOW, THMFORE, in consideration of the sum of One Hundred Thirty -Five Thousand Dollars (0135,000.00) cash in hand paid, the receipt of which is hereby aoknowledged by the party of the first part, the said party of the first part does hereby grant, bargain, sell and convey, with Special Warranty of title, unto the said Samuel N. Whitacre and Jo Anne V. Whitacre, his wife, parties of the third part, a one-third 41/3) undivided interest to be hold as tonanta in common With the partiav of the fourth part and parties of the fifth part, said one-third (1/3) undivided interest being hold between th" as tenants by the entirety with right of survivorship) to Lee S. Whitacre and Leigh Anne Whitacre, his wife, parties of the fourth part, a one-third (1/3) undivided interest to be held as tannnts in common with the parties of the third part and parties of the fifth part, said one-third (1/3) undivided interest being held between them as tenants by the entirety with survivorship; and to James L. Longexbean and Shelda W. Longerbeam, his wife, parties of the fifth 'part, a one-third (1/3) undivided interest to be held as ICLLLY, bf1Om4RiO.1 Q!J/ ATTORMM AT LAW ' iO �OUTM tU1T tT11[R 1YMPilTiR.V(wOaFIA • �O1 • 0 ONO05PGO165 the parties of the third part and parties of the fourth part, r said one-third (1/3) undivided interest being held between then as tenants by the entirety with survivorship as at 1 common law, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty: �I All of those wirae (3) t actq cr parcQls of land lying and being situate along the northern side of the old U.S. Highway No. 50 about one mile east of Winchester in Shawnee Magisterial District, Frederick County, Virginia am follows: TRACT ONE: That certain lot or parcel fronting on said road a, distance of 100 feet and exte:uii.ng back northward a uniform width a distance. of 283.5 feet along its western side, and 249.8 feet along its eastern side, with a width of 105.3 feet in the rear, and being the same land Identified as Lot No. 18 on the plat of the Ana L. Rosenberger Lots, which is of record in the clerk's office of the circuit court of Frederick County, Virginia, in Deed Book 203, at Page 537- 38-39. This is the atone real property oonveyad to A. J. Bartley and Dolly G. Bartley, his wife, by deed dated parch 18, 1954 of record in the aforesaid Clerk's Office in Deed Book 231, at Pago 274. r•', TRACT TWO: That certain lot or parcel fronting a r' distance of loo feet on the northern aide of the old location of U, 8. Highway No. 50, and extending back northward a distance of 249.8 feat along its wastern side, and 216 feet along its aastern side, with a width of 205.3 feet in the rear, and being the same land identified and designated as Lot No. 19 on the plat of the Asa i L. Rosenberger Lots, which is of record as afore - I said. This is the same real property conveyed to Arnold J. Bartley and Dolly G. Bartley, his wife, by deed dated January 24, 1951 of ,,cord in the aforesaid Clerk's Office in Deed Book 217, at Pages 431. 3 TRACT THREE: All of that certain lot or parcel {� being the western portion of Lot No. 20 on the • corrd am a oresalat of id, Said Asa lotL.fronts 5o feet E on the j north aide of old U.S. Highway No. 5o and extends in,a northerly direction contiguous to the i KTALY, T:NOi01�C1rTGW a •tax AYro"M Al LAW _ 31 PDJTM XLWf rMIR j pMf 1AIpN7936 VM¢�Mu I • • a $C1LLY. T MOCKPOIROM ^TTOPM" AT LAW • RWCMYTM,VMtpWu aw i 6K805Pc0166 eastern boundary of Lot 19 on said plat for a distance of 216 feet with a width in the rear of 50.2 feet. This in the game real property conveyed to Arnold J. Hartley and Dolly G. Hartley, hie wife, by dead dated Septwaher 1, 1967 of record in the aforesaid Clerk's office in Deed Hook 336, at Fags 235. The parties of sixth part, A. Carole Hartley, Lorin E. Wilson, Joyce Barnett, Thomaa P. Douglas and George C. Johnson, spouses of the heirs herein, as evidenced by their signature hereto, joins in this instrument to convey all of their right, title and interest, including, but not limited to warital rights, in and to the property deecri.bed herein. This conveyance is bade, however, subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. WITFIBSS the following signature and seal s Z-,2K- ( SEAL) TH L. HART -, Ind vidual.ly and an Executor jw of Arnold J. Hartley, Sr. (SEAL) { HORIS� /BB?1 WILSON 3uCk`�',�. : (SEAL) BRUCE A. BARNETT �qQ (SEAL) L YI? { (SEAL) LORI WILSON DOUGLAS .X (�4 (SEAL) LVIDA//B. JOHM� ��!/ A • cdli& 64-A (SEAL) A. CAROLE H MIM 0 OX605Pn 1 F,, (SEAL) (SEAL) (SEAL) STATE OF VIRGMIA CITY/CQMAi9G OF , j i n c heB-Te2., To --grit: I, Gen, o , a Notary Public in and for the ! jurisdiction aforesaid, do hereby certify that PRENITH L. BARTLEY, Executor u/w of Arnold J. Bartley, Sr., D and individually, whose name is signed to the foregoing Daed pi?ana_ly appeared before me and acknowledged the same. ' ` F Oivan under my hand thin 2_0'day of ~�' 1993. 'Hy commission expires Notary Public .'L wur, na+oarraiTo+ a uAM LTTOAMM AT LAW b KXMK WpMIrT :. "MOO T�TM V PAwu 3MI t .,Ss69-OF VIRGTHIA CIT}i/Y'�OP , To -Wit: T,, , t n, . r , a Notary Public in and for .the Jurisdiction aforesaid, do hereby certify that NoRls B. WILSoN, whose name is signed to the foregoing Deed frpPrsonally appeared before rap and acknowledged the same. i,A . Oiven,'undQr my hand this ,? flay of , / - , 1993. F `may. commission a ireg My Cottuaissinn xp Erpir�s Muve►a6¢�3p,1984 Notary Public 0 • Bn805no ( 68 STATE OF VIRG1111A CITYPUmar-OF , To -wit: I, , Y!� f � 4� t- .u� , d Notary Public in •,rAnd for the jurisdiction aforasaid, do hereby certify that w .'BRUCE A. BARNETT, whose name is signed to the foregoing Deed .�' ` sonally appeared before me and acknowledged the sate. �'•1.' ,� Given under my hand this _ /U day of 1%y o, , 7993. VL My commission expires W CWWr1 5a E)*-q ffaH9 r 3IL 1994 Notary a -� rA t STATE OF VIRGIN" • f' CITY/ OF �, TO -Hit: '�� �! Ta,�,ta Notary Public in hand for the jurisdiction aforesaid, do hereby certify that I&IM E. WIi,SON, xhoEM nana is eagaad to the foregoing Deed rsonally appeared before me and acknowledge4 the 6gme. `G Given under my hand this ! 7-_ day ofc J�,�, 1993. 13y. eoasission expires MY Cerra na E*13 NX6a$8( X 1994 Natsky Publ4a STAM OF VIRGI.NIA 0 KLIlY, ' MM 4IAA �ATiOMRYf Ilt lA1/ L 101lTY.17�fiRRL(Y ;�MCMIYrIR,Yi�WMLA TAM CM/CCHNTX OF ra,,,g ,, , TO -Wit: y)"a notary Public in �T T and for the jurisdiction afereraid, do hereby certify that I MPI WILSON DOUGLAS, whose name in signed to the foregoing 44,N!Ed personally appeared baform m and acknowledged the same. f Gk/en under, ay hand this _,_ dny of L ', 1993. la • 0 a. 4 .1%- �00.1Y, Tl/1007i011T'Oy 1 471Ai� A7T014MlT7 AT LAY'. 4 Dom XSW FFRUT KVW49VMYMMMA 7�N1 ,yo05PGO169 My commission expires MY Ct)m(Bi1EW EXPIMS Novemhu 30,1994 Notary( publi6 STATE OP VIRGINIA C3TY/`CdFFY-p`} %l��t�i•j% , To -Witt I , larst z` _'� /, /' • �T. a Notary Public in �bassl'or ithe jurisdiction aforesaid, do hereby certify that / LINDA H. JOHNSON, whose name is signed to the foregoing Deed Personally appeared before me and acknowledged the same. Given under my hand this _Ll_ day of 1993. My commission expires Ny! -JU 1894 �, ,_(,•.,.jam__ Notary ubl c 0 i bTATE OF VIRGINIA i • cl�r/ter o , ti�� To-w�[t: a Notary Public in and for the jurisdiction aforesaid, do hereby certify that 7Uff. A:"q"OLB HARMEY, whose name is signed to the foregoing Dead ;Fpas�na]ly appeared before me and acknowledged the earns. ;riven under my hand this _LZ _ flay of =, 1993. My commission expires _Commission EYpkes Neyember 3Q t$94 Not " Publ e 'STATE -OPT tlIRGINIA CTTY/40UPTY OF - %nr{•,n J 7 To --wit: J. I, , any )' -0- P +L r l.0 CJ , at Notary Public in anrA f4•'the jurisdiction aforesaid, do hereby certify that 0 M 0 WULLY. . � TMOQl101f79M . MJHI i .(17YJRYMA7IAY M-rM R17R{A1M � MMCSiilJ11�. YY101MIF 13M :f 0 bK885PG0170 LORIS X. WILSON, whose name is signed to the foregoing Deed personally appeared before me and acknowledged the same. Given under my hand this _ _ day of d` -' , 1993. Xy commission expires mmi�R(�pFmhasNoneaaher3tf.1994 Ptublic STATE OF VIRGINIA CITY/eaYHT•Y OF it , To -wit: I, _-60- r-o n sa. C-1004 , a Notary Public in and for the jurisdiction aforesaid, do hereby certify that tJOXCE BARNETT, whose nabas is signed to the foregoing Dead .� peso rrnally appeared before sae and acknowledged the same. r� Given under my hand this `(_0_'day of mb, 1993. o tfiy Ca nnlssbn Expires Starch st.1935 I�Y''���••;•}iy commission expires Notary Public J STATE Ok VIItGIN3:A 1 CITY/L96 ov'OF To -wit: / /n A . i A - , a Notary Public in and for the ur"diction aforesaid, do hereby certify that 'TAOMM P. DOUGLAS, whore name is signed to the foregoing Dead a `�Fpbi-Qally appeared before me and acknowledged the same, ,;Given under my hand this .19_ day of - 1993. My commission expires wmkimFir- • m��l994 o Notary Pubbllc ``—`— STATR OF V331GINIA a ` CITY/eGUNTY OF Le )tn eLg-a, - , To -wit: E ' II BX805POO171 Y, Q r o.✓1 Z . G onr :IQ , a Notary public in and for the Jurisdiction aforesaid, do hereby certify that GMRGB C. JOHNSON, whose name is signad to the foregoing Dead personally appeared before me and acknowledged the same. Given under my hand this - jday of ,,.a7tr , 1993. ' ^ My commiseior axpiraa myConrMSSIMEXPU63Maid, 31,1995 Notary Pub xo' YIRGINW FREDERICK CRUDITY, 5CT' This ktstrWI4M of wu paced is me on t e 1 day �thBr4i i annozed Sad with CeSflati9 o DT ° &54.1 of ms admlttO ts, reux�i. ux impoabu t s-125o° and 5&54 h ve bean p::}d , R ;:tSm3able. CLERK /WILY. gYY0pOO117pM I � GLAn Arr=W@ /ATll+7 • 5"Mm R Ior r M fT WWWmFmkV WI4A l�M7 \� JI I FREDERICK COUNTY 48 a q n Tg 75 i4 49 m m m e 47 u o I 0 77 75 50 a6 m � a0 a w a � 117 ! 72 51 a5 4 199 Nry m S p bry 11 � It 52 a4 �b O iB 70 69 p1 by 53 a} 6 q b 4l \ ?p9 � �' b y5 \ �' ` 'l �^ � � tlr ,`'� 4''• 1pb b5 57 q 40 p g1 y 1p. ti 59 30 vn� 31 w�_ M1 2db .t og ,h � � " 6a Bl 36 705 9 2 53 35 211 20a 5p 49 4E 99 \�6 �� 62 26 y� t 4 }I }} 33 3T 31 30 29, G. 128 27 29 4 ;iiC 1 i JO r 1� 129 26 Jt 17 25 R1 12a6 8 _ 10 19 4t\ 16 170 1� h }6 1 } � JJ J7 JB ±Y a0 t 1`' 35 ry h"1 I 18 a2 � l � ryh •- �� • 16a 1 J 9 Ss a a 10 J • \ • 185 °a 177 160 ; 9 7 , j57 ! fi 20 2 ta7 tag 181 156 5 5 - i 182 55 19 a o ' 15. 2 J, 1/p• J ry J 4 . y 6 ) r a° , )� 5 66 `1t 6 9 7 J S �\ ' AO ACR:At£ PARCELS !Og O1 COLEGE PARK - SECTION 2 - D.8. 348, Pg 137 O2 COLLEGE PARK - NOv. 1959 4 O - A " O} PERRr EH;WEERING COMPANY, INC. - D.B. 300, Pgs 248 & 253 O ASA L RCSENBERGER LOTS - 0.8. 203, Pg 537 OS MILLER HE6HTS - SUB. N0. 2 - CHANGED LAYOUT - 0 B. 256. Pg. 434 © MILLER HEIH TS - NO 2 - D B. 246, Pg. 169 O7 MILLER 4EIHTS - D.B. 198. Pg. 30 !J OB COLLEGE PAK - SECTION 3 - D B 404, Pg 699 90 COLLEGE PAK - - 06 490, Pg. 90 \ 10 PEMBRIDCf EiGH75 -SECTION 1. PHASE I - D.B. 706, Pg 160 n PEMBRIDGE HIGHTS - SECTION II, PHASE 11 - D B. 737. Pg. 719 I� 1? PEMBRIOGE HIGHTS - SECTION III, PHASE III - DB. 747, Pg. 881 t sc•v .r .R• wo �:4a ,eoo :ooa sao „ lm .ao eoo SHAWNEE DISTRICT �o __ INSERT 64A • 4. Taxes Current Untitled Page 0 Untitled Page 9 Page 1 of] 1' i-ederlck County Vi rg1n1& Lrlt AT ME TOO flay/Lookup Taxes Payment Home Personal Property Real [state Dog lags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Frnail Beal Estate Ticket Detail Provious 2016 REAL ESTATE Dept/Tickc(d IRE2016 / 427410001 Frequency 1� supplement/1 Oa Name JVVINCHESTER METALS INC IMaps( 64A 4 16 l Accounilt 6020220 Name 2 D M J HOLDINGS LLC Bill Dale 06/062016 Acreage 0690 Address 1345 PHELPSMORE LN Due Dale I)6/O6l2016 Improvements $0.00 VV NCHESTER VA Desc 1ROSENBERGER L16 l Land Value S154,e00.00 Land Use so.00 1_tp 22602 2074 Minerals So.00 Penalty Paid So.00 Interest Paid S000 Last Transaction Dale 06/06/2016 . r amen! Pa- areal Slab, Original [sill Payments Principal !Balance Due Penalty Interest Balance Due 146140 (S46440) S0.00 $000 $000 $0.00 1 runvcliun Ilitilun (late "type Transaction// Amount Balance 6!5/2016 Cliarge 0 .5461.40 W0.40 6/6/2016 Principal Paid 6122 (3464A0) 3o.00 Provious littps://taxes.co. frederick.va.tis/applications/TR_pay"faxes/RIJDetail.aspx 8/15/2016 Untltleo rage r1 Untitled Page Page 1 of 1 I-1J,,,sl Il,,,, Frederick COUnty Virginia It/T�1rn(r.�r Pay/Lookup Takes Payment Home Personal Properly Real Estate Dog Tags Pay Parking Violation Other Payments Shoppingeat(0) Pin Options Qrangc retail Real Estate Ticket Detail Previous 2016 REAL ESTATE DePUllckcL; RE2016 / A27A20001 1 Frequency Fl I SupplemenN/ OO Name IWINCHESTER METALS INC MaP/I 6AA A 16A Account/! 803189A Name 2 ID M J HOLDINGS LLC Hill Dale 06/OS/2016 Acreage Address 1345 PHELPSMORE LN Due Date 06/06/2016 Improvements WINCHESTER VA Desc .OA ACRE Land Value Land Use Zip 22602 2074 Minerals Penally Paid SO00 Interesl Paid 5000 ( wrent Pas mrnl stab, Original hill Payments Principal Balance Due Penally 527.00 ($27.00) SO.00 . I r:msactiun Ili,lol.s Date T)PC Tnmsnclinn// 6/5/2016 Charge (I 6/6/2016 Principal Paid 6154 Previous Last Transaction Dale 06/06/2016 0.040 5000 59.000.00 110.00 50.00 Interest Balance Due 5000 $0.00 So.o0 Amount Balance $27.00 S27 00 ($27.00) 50.00 litips:Htaxes.co.fTederick.va.us/applications/'I`R_payTaxes/RCDetai l.aspx 8/15/2016 urluuea rage; Untitleo Page • Page I of-1 1'rederiCk COL111ty Virginia I.L nr na 7-or Pay/Lookup Taxes Payment Home Personal l".1-ty Real Estate log Tags Pay Parking Violation Other Payments 5hoppingCart(0) Pm Options change Email (peal Estate Ticket Detail Provious 2016 REAL ESTATE DepUrlcket-'l I RE2016 / 427430001 Frequency 1� Supplement/! Name IWINCHESTER METALS INC Mapes 64A 4 17 Accourttll 6020221 Name 21D M J HOLDINGS LLC Bill Dale (xi/05/2016 Acreage 0.750 Address 1345 PHELPSMORE LN Due Dale O6/O6/2016 Improvements Soon WINCHESTER VA Dese IROSENBERGER 1.17 J Land Value S168,300.00 Land Use $0.00 Zip 22602 2074 ] Minerals So Oo Penally Paid S000 Interest Paid SO(H) Last T ransaclion Date 06I06/2016 ( III -III Pin meol ilalus Original Bill Payments Principal Balance Due Penally Interest Balance Due jo.' S504.90 (S561.90) WOO SOOG So00 I lamactiun Ilislul) Dale T)'Pe T'ransnclionll Amount Balance 6/5/2016 Charge 0 S5W.90 $50-1.91 6/6/2016 Principal Paid 6123 (S504.90) SO.00 Previous lhttps://taxes.co.frederick.va.us/applications/'I'R_pay'I'axes/REDetail.aspx 8/15/2016 V11LILICU 1 L18C untmea rage • Page I of 1 1' 1'ederiek lCOL1nty Vi1'gi ll is urE Ar na Tol> Pay/Lookup Taxes Payment liomc Personal Propcny Rcal !state Dog Tags Pay PaMog Violation Other Payments ShoppingCart(0) Pin Options Change (mail Beal Estate Ticket Detail Previous 2016 REAL ESTATE DepL/-Ficket.,i RE2016/98730001 FrequencyEl Supplelnent6ILI Name FDMJ HOLDINGS LLC 1 Nlape 64A 4 18 1 Account(I 8020222 Name 21 Bill Date 06lOS/2016 Acreage 0610 Address 1345 PHELPSMORE LN Duc Date 06/06I2016 Improvements $0.00 WINCH ESTER VA Desc IROSENBERGER L18 Land Value $136,80000 Land Use $0.00 Zip 22602 2074 _ _ Minerals SO.00 Penalty Paid $000 Interest Paul $000 Last Transaction Date O6/06I2016 ( uncnt Vas nrrnr Shin~ Original Bill Payments Principal Balance Due Penalty Interest Balance Due .,..-.sy.�u.-�.._H110.10 ..._.,��.e..(S•i10.,10) ..,___.........._......ms$000.�.,.r__..__..,.a..__._. S0.00._..ss..,.�...�....,_... S000 ...=.._._,�_�.A.,....s..=.so.00 I r:nnaclion lli+furs Usle 7)pc '1'ransa Clio ntl Amnunl Balance 6/5/2016 Charge (1 S410.40 &I10.40 6/6/2016 Principal Paid 6124 (S410A0) $0.00 Previous littps://taxes.co.frederick.va.us/applications/TR_pay'faxes/REDetai1.aspx 8/15/2016 lJI1LILlt,u J ar,c Unuuea rage 0 Page I of 1 ,,J, .,,L l_I,.,,,, l'redcrick County Virgifli& Lia ITTWC 7-01 tl'ay/1L,c,Q kup Taxes Payment Home Personal Property Real Batt, Dog Tags Pay Parking Violation Other Paymenb ShoppingCmt(0) Pm Options Change Lmail Real Estate Ticket Detail Provious 2016 REAL ESTATE DeplrFicket// RE2o16/96,40001 Frequency 1� supplement// Oa Name jDMJ HOLDINGS LLC Map!I 64A 4 19 Account/I 0020223 Name 21 Bill Date O6/OS/2016 Acreage 0530 Address 1345 PHELPSMORE LN Due Dale 06/06/2016 Improvements $0.00 WINCHESTER VA Desc IROSEN13ERGER L19 Land Value $110,900.00 Land Use $0.00 Zlp 22602 2074— ] Minerals SOW Penalty Paid S0.00 Interest Paid $ono Last Transaction Dalc 06/06/2016 ( ur rrul I'as menl Stan. Original HIII Payments Principal Balance Due Penalty Interest Balance Due 5356.70 (535670) Sono 50.00 $000 $0.00 I rmsncliun Ilislur t . Dale 'Type Transaction// Amount Balance 615/2016 Charge 0 $356.70 5356.70 6/6/2016 Principal Paid 6125 (S35670) S000 Previous littps://taxes.co.frederick.va.us/applications/TR_payTaxes/RLDetail.aspx 8/15/2016 ououcuru&c uouoCu,ugo _ yu8o I o/ / -- ---- --' -------- -' -------- '--------- ------- -- Frederick Comity Virginia im.T-M-mr -'--' ' pupVuokvyTux,s ------------------'--'— ���"y == �� �"+=`^ ----'------------''------------ �+-"" ��* �n� "�'-0 -'-- - Real eoum Ticket Detail mnoREAL ESTATE m��" Frultivicy u����� �in, DKO HOLDINGS LLC w.� '��| ^=�"'^@ME022l| w�`' w/�� Acrogi, "'° Add"" 1345 PHELPSMORE LNm"�� **",=" m� -/ "= �nd'*� u"== /=^v� w= Zip "= m" Mi="ls *= ,-allyPau w° w""mm m= Last `"�=*"m*��qw 61 PrifIcipal *~ `� ^......x.~, ^�*-M �� �� °mom n�� " u"� ./,�i wmw^ ^."p^� mm nwxw mm TRANSMITTAL 12/6/2016 DEC 6 Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Ste. 120 Winchester, VA 22601 Job # : 1603018 P: 540-662-5792 F: 540-662-5793 DN J Holdings office( l2ainterlewis.com DISTRIBUTE TO: Frederick County Planning FROM: Mr. John C. Lewis Ms. Candice E. Perkins FOR: ( )Submittal, Review & Comments ( )Revisions ( )Approval & Signature () Other: QUANTITY DESCRIPTION STAFF 1 Letter JCL 1 Check - $1,000.00 from DMJ JCL 1 Special Limited Power of Attorney JCL 1 Rezoning Application Proffer JCL Amendment Packet SIGNATURE LINE TRANSi-MITTAL 8/16/2016 Job # : 1603018 Rezoning DISTRIBUTE TO: Frederick County Planning r- ,T Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Ste. 120 Winchester, VA 22601 P:540-662-5792 F:540-662-5793 o f ficeQFain terlewis. com FROM: Mr. John C. Lewis FOR: ( )Submittal, Review & Comments ( )Revisions ( )Approval & Signature ( ) Other: QUANTITY DESCRIPTION STAFF 1 rezoning application & proffer amendment JCL -- — C— SIGNATURE LINE COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 August 29, 2016 Mr. John Lewis, PE Painter -Lewis, PLC 817 Cedar Creek Grade, Ste. 120 Winchester, Virginia 22601 RE: Proposed Rezoning for DMJ Holdings (Proffer Amendment) Property Identification Number (PIN): 64A-4-16A, 16, 17, 18, 19, 20 Dear John: I have had the opportunity to review the draft rezoning application for the DMJ Holdings property. This application seeks to revise the proffers approved in 2009 for 2.85 acres of land zoned B2 (Business General) District. Staffs review comments are listed below 16r your consideration. 1. Senseny/Eastern Frederick Urban Area Plan. The site is within the limits of the Senseny/Eastern Frederick Urban Area Plan. The plan shows the area where this site is located with a commercial use designation. The existing B2 Zoning generally consistent with the Senscny/Eastern Frederick Urban Area Plan as it relates to this area. 2. Proffer Statement — Generalized Development. The proposed restaurant should be removed from the proffered GDP; the GDP fi-om the original rezoning should be utilized. It is acceptable to include the restaurant layout as a conceptual plan, but this should not be included in the proffers. 3. Transportation Comments. Please note that transportation comments on the rezoning application fi-om John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 4. Agency Comments. Please provide appropriate agency comments fi-om the following agencies: Virginia Department of Transportation and the County Attorney. Page 2 Mr. John Lewis RE: DMJ Holdings Rezoning August 29, 2016 5. Proffer Amendment Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee prof fCl- aI11CndI1lCllt not requiring a public hearing) for this application is S1,000. 6. Special Limited Power of Attorney. Plcasc have the property owners complete the special limited power of attorney form which authoriZCS you to rcprescnt them during the application process. All of the above comments and reviewing agency COI11111CI1tS should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this appllcatloll. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd Enclosure • • r� 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. initials Date & Time (Candice Mark Dave Tyler Mike John COMMENTS: Received by Clerical Staff (Date & Time 4z�a V�,k-�v j (S:OMce on BlackboxTormsMocument Approial Form-6/7/2016) REZONING APPLICATION PROFFER AMENDMENT Route 50 at Custer Avenue DMJ Holdings, L.L.C. 345 Phelpsmore Lane Winchester, VA 22602 Original Rezoning #: 05-09 Property: 2.85 acres PARCEL ID's 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, 64A-4-20 December 6, 2016 Applicant: DMJ Holdings, L.L.C. Mr. Mark Phelps Submitted by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 Email: office@painterlewis.com Table of Contents Section Contents 1. Application 2. Location Map, Aerial Photo 3. Deed to Parcels 4. Taxes Current 5. Agency Comments 6. Impact Analysis Statement 7. Traffic Impact Analysis 8. Amended Proffer Statement 1.Applicatian 0 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 29, 2017 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-17 FOR DMJ HOLDING, L.L.C. On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, April 12, 2017, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #01-17 for DMJ Holding, L.L.C., submitted by Painter -Lewis, P.L.C., to revise proffers associated with Rezoning #05-09. This revision seeks to remove a proffer which currently prohibits fast food restaurants with drive through service windows. The properties are located at the northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue). The properties are identified with Property Identification Numbers 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19 and 64A-4-20, in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may do so at the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Strcct in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, Candice E. Perkins, AICP Assistant Director CEP/pd 107 North Kent Strcct, Suite 202 • Winehcster, Virginia 22601-5000 This is t certify that the attached correspondence was mailed to the following on Z c 1 �� _ from the Department of Planning and Development, Frederick County, irginia: 64A •10. 1. 151- NEEDY IVANG 64A • 4• • 16•A 126 ETNAM ST WINCHESTER METALS INC D M J HOLDINGS LLC WINCHESTER VA 22602 7310 345 PHELPSMORE LN WINCHESTER VA 22602.2074 64 • A• • 93- 64A • 4- • 18- GROVE EUGENE F 332 W PARKINS MILL RD DMJ HOLDINGS LLC 345 PHELPSMORE LN WINCHESTER VA 22602.4735 WINCHESTER VA 22602.2074 64A •10. 1. 145- RHYNE JERRY L 64A • 4• • 20•A CARROLL JAMES H TRUSTEE RHYNE JULIE L 1141 LYNNWOOD DR CARROLL BETTY H TRUSTEE PO BOX 3214 GREENBACK TN 37742.2033 WINCHESTER VA 22604.2414 64A •10. 1. 144- ZHANG YUAN SHUN 64A •10. 1• B• 106 CLARENDON CT CARROLL JAMES H TRUSTEE WINCHESTER VA 22602.4356 CARROLL BETTY H TRUSTEE 64A • 4• • 15- PO BOX 3214 WINCHESTER VA 22604.2414 CARTER JAN 1191 MILLWOOD PIKE 64A -10. 1. 153- WINCHESTER VA 22602.4313 MENDOZA ESPINOZA ARMANDO 130 ETNAM ST WINCHESTER VA 22602.7310 64A •10. 1. 152- PYLE GLENN R 128 ETNAM ST WINCHESTER VA 22602.7310 Candice E. Perkins, AICP, C l_,A Assistant Director Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, �Q�ILO��o. e_L , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. / I �'` Given under my hand this � 9 day of � L— z U expires on " �c ,11, �S � Z U I i M} commission p NOT RYPREGIS`R�RION,It354h74 COMEMot,IWEA SIO� E�PIRESA MY COMM - DECEMBE„pffi2017om" 64 -&'88-A K0ARLQUU|NVESTNE0TS00 707NCOMMERCE AVE FRONT ROYAL VA 22630-3410 64A 'f, ' 13- VK|0CHE%TEROUTDOOR 355SPDT0MACST UAGER8TQVVNIVID 21740-6032 64A '11'2-283-C PBMB0OGEHEIGHTS HOMEOWNERS PDBOX 3038 UV|0CHESTERVA 22604-8274 Easy Peel® Labels ® Bend along line to Use Avery® Template 5161® Feed Paper expose Pop-up EdgeTM 64A - 4- - 20- 64A - 4- - 20- DMJ HOLDINGS LLC DMJ HOLDINGS LLC 345 PHELPSMORE LN 345 PHELPSMORE LN WINCHESTER VA 22602.2074 WINCHESTER VA 64A - 4- - 20- 64A - 4- - 20- DMJ HOLDINGS LLC DMJ HOLDINGS LLC 345 PHELPSMORE LN 345 PHELPSMORE LN WINCHESTER VA 22602-2074 WINCHESTER VA AVERV051610 22602.2074 22602.2074 0 Easy Peel® Labels ® � I Bend along line to ® i Use Averk®Template 51610 V Paper m� expose Pop geTM �AVER� 5161 64A • 4• • 16• 64A • 4• • 16- WINCHESTER METALS INC WINCHESTER METALS INC D M J HOLDINGS LLC D M J HOLDINGS LLC 345 PHELPSMORE LN 345 PHELPSMORE LN WINCHESTER VA 22602.2074 WINCHESTER VA 22602.2074 64A • 4• • 16• 64A • 4• • 16- WINCHESTER METALS INC WINCHESTER METALS INC D M J HOLDINGS LLC D M J HOLDINGS LLC 345 PHELPSMORE LN 345 PHELPSMORE LN WINCHESTER VA 22602.2074 WINCHESTER VA 22602.2074 64A • 4• • 17• 64A • 4• • 17- WINCHESTER METALS INC WINCHESTER METALS INC D M J HOLDINGS LLC D M J HOLDINGS LLC 345 PHELPSMORE LN 345 PHELPSMORE LN WINCHESTER VA 22602.2074 WINCHESTER VA 22602.2074 64A • 4• • 17• 64A • 4• • 17- WINCHESTER METALS INC WINCHESTER METALS INC D M J HOLDINGS LLC , D M J HOLDINGS LLC 345 PHELPSMORE LN 345 PHELPSMORE LN WINCHESTER VA 22602.2074 WINCHESTER VA 22602.2074 64A • 4• • 19• 64A • 4• • 19- DMJ HOLDINGS LLC DMJ HOLDINGS LLC 345 PHELPSMORE LN 345 PHELPSMORE LN WINCHESTER VA 22602.2074 WINCHESTER VA 22602.2074 64A • 4• • 19• 64A • 4• • 19- DMJ HOLDINGS LLC DMJ HOLDINGS LLC 345 PHELPSMORE LN 345 PHELPSMORE LN WINCHESTER VA 2260,M074 WINCHESTER VA 22602.2074 ttiquettes faciles a peter ® I Repliez A la hachure afin de www.averycom = Utilisez le gabarit AVERY® 51610 Sens de chargement r6v6ler le rebord Pop-up" 1-800-GO-AVERY � 9 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 1, 2017 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-17 FOR DMJ HOLDING, L.L.C. On belialf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, March 15, 2017, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #01-17 for DMJ Holding, L.L.C., submitted by Painter -Lewis, P.L.C., to revise proffers associated with Rezoning #05-09. This revision seeks to remove a proffer which currently prohibits fast food restaurants with drive through service windows. The properties are located at the northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue). The properties are identified with Property Identification Numbers 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19 and 64A-4-20, in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may do so at the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins, AICP Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • This Is t0 certify that the attached coI-respondence was ]palled to the following oil 1 % I fi-om the Department of Planning and DCvelopment, Frederick Co nty, Virginia: 64A -10- 1. 151- 64A - 4• - 16-A NEEDY WANG WINCHESTER METALS INC 126 ETNAM ST D M J HOLDINGS LLC 345 PHELPSMORE LN WINCHESTER VA 22602.7310 WINCHESTER VA 22602.2074 64 - A- - 93- 64A • 4- - 18- GROVE EUGENE F DMJ HOLDINGS LLC 332 W PARKINS MILL RD 345 PHELPSMORE LN WINCHESTER VA 22602.4735 WINCHESTER VA 22602.2074 64A -10. 1. 145- 64A • 4- - 20-A RHYNE JERRY L CARROLL JAMES H TRUSTEE RHYNE JULIE L CARROLL BETTY H TRUSTEE 1141 LYNNWOOD DR PO BOX 3214 GREENBACK TN 37742.2033 WINCHESTER VA 22604.2414 64A -10. 1. 144- 64A -10. 1- B- ZHANG YUAN SHUN CARROLL JAMES H TRUSTEE 106 CLARENDON CT CARROLL BETTY H TRUSTEE WINCHESTER VA 22602.4356 PO BOX 3214 64A - 4- - 15- WINCHESTER VA 22604.2414 CARTER JAN 64A •10. 1. 153- 1191 MILLWOOD PIKE 22602.4313 MENDOZA ESPINOZA ARMANDO WINCHESTER VA 130 ETNAM ST WINCHESTER VA 22602.7310 64A -10. 1. 152- /) PYLE GLENN R v _ 128 ETNAM ST WINCHESTER VA 22602.7310 Candice E,. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, y/,00 L���o. U..�z�-- , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice L. Perkins, Assistant Director for the Department of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in n,y State and County aforesaid. GiveI] Under my hand this / day of My Commission � expires on l-lli // � p (tee c y, c,vr-jcf / Ck vim_ NOTA Y PU ALA DEETE NOTARY PUBLIC REGISTRATION it 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 3- 2017 64 -A''89-A ��� MARL0N/|0VE�DN[NTSL���� /O70COMMERCE AVE FRONT ROYAL VA 32630'3419 64A 'A' ' 13' NUNCHE3TEROUTDOUR 3558POTOK0ACST HAQERGTDVK0K0D 21740'6032 64A '11-2'203'C PEK0BR|DCEHEIGHTS HOMEOWNERS PUBOX 3D38 @UNCHG3TE0V8 226048274 \� • • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 NOTIFICATION OF PUBLIC HEARING March 1, 2017 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-17 FOR DMJ HOLDING, L.L.C. On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, March 15, 2017, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #01-17 for DMJ Holding, L.L.C., submitted by Painter -Lewis, P.L.C., to revise proffers associated with Rezoning #05-09. This revision seeks to remove a proffer which currently prohibits fast food restaurants with drive through service windows. The properties are located at the northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue). The properties are identified with Property Identification Numbers 64A-4-16A, 64A4-16, 64A-4-17, 64A-4-18, 64A-4-19 and 64A4-20, in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may do so at the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins, AICP Assistant Director CEP/pd Y(e_aJ,t 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 DMJ Holdings, 1-11 q-i6A i0-1A-I�rigk �'l, 6 A-y ADJOINING PROPERTIES The parcels to be rezoned are bordered to the north by residential properties contained within the Pembridge Heights subdivision. The parcel to the west is residential. The parcel to the east is zoned B2 and is vacant. The parcels directly across Route 50 to the south are all zoned B2. The following table lists all adjacent owners and parcel numbers. (Redlines indicate change from July 16, 2009 submittal) r i Tax Map No. Owner Ex. Zoning Ex. Use 64A-4-20A _ Carroll, James H. B2 B2 Vacant Vacant 64A-10-1-B _ Carroll, James H. 64A-10-1-153 Mendoza Espinoza, Armando RP Residential 64A-10-1-152 Pyle, Glenn RP RP Residential Residential 64A-10-1-151 _ Needy, Ivan 64-A-93 _ Grove, Eugene F B2 Vacant 64A-10-1-145 Rhyne, Jerry & Julie RP Residential 64A-10-1-144 Zhan , Yuan Shun RP Residential 64A-4-15 _ Carter, Jan RP Residential 64-A-89A Marlow Investments, LC B2 Commercial 64A-A-13 Winchester Outdoor RP Commercial C.y�-II-Z-Zo3c. TO:LANCE-DATA PROCESSING FROM: PAM - Planning Dept. Pleas print sets of labels by r THANKSI DMJ Holdings, L.L.C. ti-i6A A ADJOINING PROPERTIES The parcels to be rezoned are bordered to the north by residential properties contained within the Pembridge Heights subdivision. The parcel to the west is residential. The parcel to the east is zoned B2 and is vacant. The parcels directly across Route 50 to the south are all zoned B2. The following table lists all adjacent owners and parcel numbers. (Redlines indicate change from July 16, 2009 submittal) i r Tax Map No. Owner Carroll, James H. Ex. Zoning Ex. Use 64A-4-20A B2 Vacant 64A-10-1-B Carroll, James H. B2 Vacant 64A-10-1-153 Mendoza Espinoza, Armando RP Residential 64A-10-1-152 Pyle, Glenn RP Residential 64A-10-1-151 Needy, Ivang RP Residential 64-A-93 Grove, Eugene F B2 Vacant 64A-10-1-145 Rhyne, Jerry & Julie RP_ Residential 64A-10-1-144 Zhan , Yuan Shun RP Residential 64A-4-15 Carter, Jan RP Residential 64-A-89A Marlow Investments, LC B2 Commercial 64A-A-13 Winchester Outdoor RP Commercial � GUA--It-2-2o3c, 1 DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA co-n Ck, GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: T 0 1. � 1 REQUESTED COMPLETION DATE: 1y REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: _ DESCRIPTION OF REQUEST: (Write additional information on back of request) �)14Z-143 .,, -, -T C)1- k -I Or.\S 1 ut�i:1�S, t_�4A-y-a0 ?Ilt�5 (rVA—Li-►bq, (a4A-1b, (n -y i�, 1oyA-y-18 (fgA-(i-11 DIGITAL: SIZES: COLOR - PAPER FAX: E-MAIL: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: Iv ETI-IOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Wmchester, VA 22601, (W)665-5651)