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Home My WebLink About02-17 Express Oil Change & Tire Engineers - Shawnee PIN 64-A-1F - Backfile0 • REZONING TRACKING SHEET chPrlr Viet. Application Form Fee & Sign Deposit Proffer Statement Deed Impact Analysis Plat/Survey Adjoiner List Taxes Paid Statement z3 9 File opened Reference manual updated/number assigned D-base updated l 3 Copy of adjoiner list given to staff member for verification a Color location maps ordered from Mapping Application Action Summary updated Planning Commission Meeting ACTION:, 1131 1 Board of Supervisors Meeting ACTION: a j� 1 `� 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 3 -13 - 12 Application Action Summary updated 3116 `47 File given to Mapping to update zoning map 31131 V1 Zoning map amended Proffers recorded Sys ID # NOTES T DATE , aG -I:1 --- NO. 7 9 1_ 8 2 8 RECEIVED FROM- "-l"I 16 ,71' —I=i� {: �' ()fit r n `-` `,\�` ADDRESS �I I u 0 Pc, ke,,- @jl UPI sfE 10i - 13S- FOR ACCOUNT HOW PAID AX1T. O( lCCOUNT CASH ANIT CHECK I 1 BALANCE MONEY DUE ORDER BY �� 92 RE-FORM l J_001 .0 BLIITII 00 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 March 9, 2017 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: REZONING #02-17 Express Oil Change & 'fire Engineers PIN: 64-A-1 F Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on March 8, 2017. The above -referenced application was approved to rezone 0.604+/- acres firom the B2 (General Business) District to the B3 (Industrial "Transition) District with proffers. The property is located on the west side of Front Royal Pike (Route 522 South) and immediately south of the 11-1011 Restaurant approximately 1,000' south of the Interstate 81 Exit in the Shawnee Magisterial District. The parcel is identified as Property Identification Number 64-A- 1 F. The proffer statement, originally dated September 9, 2016, that was approved as a part of this rezoning application is unique to the above referenced property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office il'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 Shawnee District Lawrence Ambrogi and I-1. Paige Manuel, Shawnee District Planning Commissioners Jane Anderson, Real Estate Ellen Murphy, Commissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution Titans Coi7)oration, 1220 Richmond Road, Ste E., Williamsburg, VA 23185 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Pam Deeter To: Gene E. Fisher (gfisher@su.edu); Lawrence Ambrogi; H. Paige Manuel Subject: Rezoning approval Attachments: SKMBT_PLAN17031016070.pdf Good afternoon, Please find attached an approval letter for Rezoning 402-17 Express Oil Change & Tire Engineer which is in your magisterial district. If you have any questions, please contact Mrs. Perkins. Pam Deeter Planning and Development 107 N. Kent Street, Suite 202 Winchester, VA 22601 (540) 665-5651 0 0 REZONING APPLICATION P02-17 EXPRESS OIL CHANGE & TIRE ENGINEERS Staff Report for the Board of Supervisors Prepared: February 24, 2017 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 02/15/17 Recommended Approval Board of Supervisors: 03/08/17 Pending PROPOSAL: To rezone 0.604+/- acres from the 132 (General Business) District to the 133 (Industrial Transition) District with proffers. The Applicant is seeking to rezone the site to the 133 District to enable the construction of an express oil and tire facility. LOCATION: The site is located on the west side of Front Royal Pike (Route 522 South) and immediately south of the I1-IOP Restaurant approximately 1,000' south of the Interstate 81 Exit 313. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/08/17 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 0.604+/- acres of land from the B2 (General Business) District to the 133 (Industrial Transition) District with proffers. The Applicant is seeking to rezone the site to the 133 District to enable the construction of an express oil and lire facility. Staff would note that this proposed use has not been proffered; the Applicant has excluded a number uses in the proffer statement (such as landscape services, warehousing, utility facilities, and trailer parking). This property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Senseny/Eastern Frederick Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with a commercial land use designation which is consistent With the current zoning and the requested zoning of the subject property. Access to the property is proposed via a new right-in/right-out entrance onto Front Royal Pike (Route 522); this proposed new entrance will be shared with the adjacent II-IOP Restaurant. An intcrparcel- connection with the IHOP Restaurant is also proffered that would allow vehicles to access the existing traffic signal located at Front Royal Pike (Route 522)/Travel Lodge Drive. The Applicant has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their February 15, 2017 meeting. Following the required public hearing, a decision regarding this rezoning application bV the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised bV the Board of Supervisors. Rezoning #02-17 Express Oil Change & Tire Engineers February 24, 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 then: in making a decision on this application. It may also be useful to others interested in this zoning natter. Unresolved issues concerning this application are noted by staff Where relevant throughout this staff report. Reviewed Action Planning Commission: 02/15/17 Recommended Approval Board of Supervisors: 03/08/17 Pending PROPOSAL: To rezone 0.604+/- acres from the 132 (General Business) District to the 133 (Industrial Transition) District with proffers. The Applicant is seeking to rezone the site to the 133 District to enable the construction of an express oil and tire facility. LOCATION: The site is located on the west side of Front Royal Pike (Route 522 South) and immediately south of the IHOP Restaurant approximately 1,000' south of the Interstate 81 Exit 313. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-1F PROPERTY ZONIN PRESENT USE: Vacant 132 (General Business) ADJOINING PROPERTY ZONING & PRESENT USE: North: 132 (General Business) District Use: Commercial South: B2 (General Business) District Use: Commercial East: 132 (General Business) District Use: Commercial West: 132 (General Business) District Use: Commercial L] Rezoning #02-17 Express Oil Change & Tire Engineers February 24, 2017 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 522. "phis route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation/access management proffers offered in the Express Oil Change & Tire Engineers rezoning application dated September 9, 2016 addresses transportation concerns associated with the request. It should be noted that to ensure the right in/right out, the entrance design will require a median device be constructed to prevent a left turn in/out of the proposed entrance. Before development this office will require a complete set of construction plans detailing designs, drainage features and traffic flow data for review. Frederick County Fire Marshall: Plan approved. Frederick County Sanitation Authority: No comment. Frederick County Department of Public Works: Please see lette/,fi-orn Harvey E. StraN,snyder, .b-., RE, Director dated October S, 2016. Frederick County Attorney: Please see letter fi-orn Roderick B. Williams, County Attorney dated October 11, 2016. Winchester- Regional Airport: Due to FAA Federal regulation owner/developer will be required to file with the FAA for an airspace study as part of the site plan process for all buildings prior to construction with a separate filing for temporary construction equipment exceeding height of structure. Rezoning is compatible with airport operations. City of Winchester: The City of Winchester can readily provide water and sanitary sewer service to this parcel and has no concerns about the proposed rezoning and development. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester City Quadrangle) identifies this property as being zoned B2 (General Business) District. 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 Rezoning 402-17 Express Oil Change & Tire Engineers February 24, 2017 Page 4 guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. 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 This property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Senseny/Eastern Frederick Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with a commercial land use designation which is consistent with the current zoning and the requested zoning of the subject property. Ti•ansnorta/ion and Site /Iccess Access to the property is proposed via a new right-in/right-out entrance onto Front Royal Pike (Route 522); this proposed new entrance will be shared with the adjacent II-IOP Restaurant. An interparcel-connection with the II-IOP Restaurant is also planned that will allow vehicles to access the existing traffic signal located at Front Royal Pike (Route 522)/Travel Lodge Drive. 3) Proffer Statement — Dated September 9, 2016 A. Land Use Restrictions — The Owner has prohibited the following uses: • Landscape and Horticultural Service • Local and Suburban Transit Services • Motor Freight Transportation and Warehousing • Transportation by Air • Utility Facilities and their Accessory Uses • Drive In Motion Picture Theaters • Tractor Truck and Trailer Parking B. Access Management: 1. The Owner has proffered to limit new commercial entrance access to the property to a right in/right-out only partial access. 2. The Owner proffers to construct interparcel connectivity between the property and parcel 64-A-2 (II-IOP) to facilitate access to the Front Royal Pike (Route 522)/Travel Lodge Drive signalized entrance. C. Monetaiy Contribution to Offset Impact of Development: 1. The Applicant has proffered $0.10 per developed square foot for County Fire and Rescue services; payable at occupancy permit. Rezoning 402-17 Express Oil Change & "Dire Engineers February 24, 2017 Page 5 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/15/17 MEETING: Staff reported this is an application to rezone 0.604 acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. Staff noted the Applicant is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. Staff provided an overview of the site and the proposed proffers. A Commission Member asked in regards to the proffer to exclude certain uses such as landscaping or transit services and whether it was requested by staff or provided by the Applicant. Staff noted the excluded uses were proposed by the Applicant. Mr. Evan Wyatt of Greenway Engineering, representing the Applicant introduced the contract purchasers from Alabama: From Express Oil Change, John Davis; The contract purchasers, Charles Thompson and Kim Johnson. Mr. Wyatt reported Express Oil Change reflects a business model of the 10 minute oil change; they also conduct light auto service such as tires, alignments, and tune-ups. Mr. Wyatt noted this project will be the first Express Oil Change in the valley along I-81, the fifth one in the state of Virginia and he is pleased the group has considered our community as a first stop on the I-81 corridor. Mr. Wyatt elaborated on the proffer of inter -parcel connectivity; the Applicant has an agreement with II-IOP and the property owners which is circulating for all required signatures that will facilitate access to Front Royal Pike via the signalized entrance that is existing. A Commission Member inquired about where the service operations will take place indoors or outdoors. Mr. Wyatt confirmed that all service and repair operations would occur inside the structure. A Commission Member inquired if there will be a traffic barrier in front of this location similar to the one in front of Costco. Mr. Wyatt confirmed there will be a barrier which will be designed and meet the requirements and approval of VDOT. A Commission Member asked for confirmation if there will be three oil change bays and two service bays; in the proffers it reads three oil bays and three service bays and will the structure be the same square footage. Mr. Wyatt noted the building footprint had to be reduced therefore resulting in five total bays rather than six. A motion was made, seconded, and unanimously passed to recommend approval of REZ #02-17 for Express Oil Change & Tire Engineers. Absent: Commissioner Mohn, Commissioner Dunlap EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/08/17 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 0.604-F/- acres of land from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The Applicant is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. Staff would note that this proposed use has not been proffered; the Applicant has excluded a number uses in the proffer statement (such as landscape services, warehousing, utility facilities, trailer parking). This property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Senseny/Eastern Frederick Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with a commercial land use designation which is consistent Rezoning 402-17 Express Oil Change & Tire Engineers February 24, 2017 Page 6 with the current zoning and the requested zoning of the subject property. Access to the property is proposed via a new right-in/right-out entrance onto Front Royal Pike (Route 522); this proposed new entrance will be shared with the adjacent II-IOP Restaurant. An inter -parcel connection with the II-IOP Restaurant is also proffered that would allow vehicles to access the existing traffic signal located at Front Royal Pike (Route 522)/Travel Lodge Drive. The Applicant has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their February 15 2017 meeting. Follo}ving the required public hearing, a decision regardinki, this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 4 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) or, HE (Higher Education District) M1 (Light Industrial District) M2 (industrial General District) 4W, 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) 158 �_ FRONT ROYAI PIKE OWN NN 170 FRONT ROYAL�i`IKE 1 10 au ! am/ C wwKti..t« Is6 DELCO PLAZA a� Yo ` WNMY WIL LM �R RLZ # 02 - 17 Nte: Freoderick County Dept rn Express Oil Change Planning &Develops ` Tire Engineers I07 N Kentt St e and suite 202 PIN: Winchester. VA 226, 64 A If 540 - 665 - 5651 Rezoning from B2 to B3 Map Created: January 23. 2017 Staff: cperkins 0 55 110 220 Feet 1ge and Tire Engineers po '!► " •' ; � RE02-17 522 x1 IN 1 �fm 111.L'.WJ r b ! cOSl�l. °OR KNUY HiIL LM � - REZ # 02 17 NoFrre: ederick County Dept of Express Oil Change Planning& Development 107 N Kent St e � and Tire Engineers sure 202 PIN: Winchester, VA 22601 Applications 64 - A - I F 540 - 665 - 5651 Parcels Rezoning from B2 to 83 Map Created: January 23, 2017 Sewer and Water Service Area :� CI Staff: cperkins Building Footprints 0 55 110 220 Feet "• Q ` �\ N v 1 IN Applications Parcels • Sewer and Water Service Area Building Footprints Long Range Land Use 0 Residential Neighborhood Village Urban Center • Mobile Home Community Q Business O Highway Commercial Mixed -Use Mixed Use Commercial/Office 0 Mixed Use Industrial/Office • Industrial ® Warehouse Heavy Industnal Extractive Mining 4 commercial Rec Rural Community Center Fire & Rescue ® Historic ® Institutional • Planned Unit Development 4j Park 1r7 Recreation School Employment f� Airport Support Area Q B21B3 t� Residential. 4 u/a (Z�) High -Density Residential. 6 ula High -Density Residential,12.16 u/a •Q t� Rural Area Interstate Buller Landfill Support Area Natural Resources & Recreation • Environmental & Recreational Resources RC q 251 FRONT `ROYAL PIKE REZ # 02 - 17 Note: Frederick County Dept of Express Oil Change Planning &Developments 107 N Kentt St and Tire Engineers site 202 PIN: Winchester, VA 22601 64 - A IF 540 - 665 - 5651 Rezoning from B2 to B3 Map Created: January 23, 2017 Staff: cperkins 0 55 110 220 Feet PROFFER STATEMENT EXPRESS OIL CHANGE & TIRE ENGINEERS Shawnee Magisterial District Frederick County, Virginia TM 64-A-1F September 9, 2016 Current Owner: Titans Corporation Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 (540) 6624185 ewyatt@greenwayeng.com • • 0 Greenway Engineering September 9, 2016 Express Oil Change & Tire Engineers Rezoning EXPRESS OIL CHANGE & TIRE ENGINEERS REZONING PRO F t ER STATEMENT REZONING: RZ # B-2 Business General District to B3, Industrial Transition District with proffers PROPERTY: 0.604± acres Tax Map Parcel 64-A-IF (here -in after the "Property") RECORD OWNER: Titans Corporation (here -in after the "Owner") APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE Preliminary Matters Day Pop. Inc. (here -in after the "Applicant") Express Oil Change & Tire Engineers September 9, 2016 .D Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 0.604±-acre Property from the B-2, Business General District to establish 0.604±-acres of B-3, Industrial Transition District with proffers, development of the subject Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Owner and their legal successors, heirs, or assigns. The Property, more particularly described as the land owned by Titans Corporation, a Virginia Corporation, being all of Tax Map Parcel 64-A-IF, as evident by Deed recorded as Deed Book 976 Page 1370, and further described by Boundary Line Adjustment and Vacation Plat prepared by Gary A. Judd, Land Surveyor, dated April 11, 2001 recorded as Instrument No. 010005118 (see attached Survey Plat). Project #3484E Greenway Engineering September 9, 2016 Express Oil Change & Tire Engineers Rezoning A.) Land Use Restrictions 1. The Owner hereby proffers to prohibit the following land uses on the Property to be rezoned to the B3, Industrial Transition District: ➢ Landscape and Horticultural Services SIC 078 ➢ Local and Suburban Transit Services SIC 41 ➢ Motor Freight Transportation & Warehousing SIC 42 ➢ Transportation by Air SIC 45 ➢ Utility Facilities & Their Accessory Uses SIC 49 ➢ Drive -In Motion Picture Theaters SIC 7833 ➢ Tractor Truck & Tractor Truck Trailer Parking NO SIC B.) Access Management 1. The Owner hereby proffers to limit new commercial entrance access to the Property to a right-in/right-out only partial access entrance. The final location of the right-in/right-out only partial access entrance will be determined during the Site Development Plan through the Virginia Department of Transportation Access Management Exception process. is 2. The Owner hereby proffers to construct inter -parcel connectivity between the Property and Tax Map Parcel 64-A-2 to facilitate access to the Front Royal Pike (US Route 522)/Travel Lodge Drive signalized intersection. The Owner will identify the location of the reciprocal ingress/egress easement between Tax Map Parcel 64-A-2 and the right-in/right-out only partial access entrance as information on the Site Development Plan for the Property. C.) Monetary Contribution to Offset Impact of Development 1. The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. OWNER SIGNATURE ON FOLLOWING PAGE Project #3484E 0 • • Greenway Engineering Owner Signature September 9, 2016 Express Oil Change & Tire Engineers Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Titans Corporation, a Virginia Corporation Authorized Agent Commonwealth of Virginia, City/County of 1 �— To Wit: (l),J-7 Date The foregoing instrument was acknowledged before me this day ofT-01 J 20J1 by _ P rn e,A bN � 16 C-A I� ►s My Commission Expires 3 A I � 1, � D I d Project #3484E Notary Public RE13ECCA HILSTROM NOTARY PUBLIC REG # 7037918 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31, 2018 AMENDMENT Action: PLANNING COMMISSION: February 15, 2017 - BOARD OF SUPERVISORS: March 8, 2017 0 Recommended Approval L1 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 902-17 EXPRESS OIL CHANGE & TIRE ENGINEERS WHEREAS, Rezoning 1402-17 of Express Oil Change & Tire Engineers, submitted by Greenway Engineering, Inc., to rezone 0.604 acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers, with a final revision date of September 9, 2016 was considered. This rezoning is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. The site is located on the west side of Front Royal Pike (Route 522 South) and immediately south of the IIJOP Restaurant, approximately 1,000 feet south of Interstate 81, Exit 313 in the Shawnee District and is identified by Property Identification No. 64-A-1I,; and WHEREAS, the Planning Commission held a public hearing on this rezoning on February 15, 2017 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 8, 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 revise the Zoning District Map to rezone 0.604 acres from the B2 (General Business) District to the B3 (Industrial Transition) District \.vith proffers with a final revision date of September 9, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner is attached. PDRes #06-17 0 0 -2- This ordinance shall be in effect on the date of adoption. Passed this 8th day of March, 2017 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Bill N1. Ewing Gene C. Fisher Blaine P. Dunn Gary A. Lofton Robert W. Wells Judith McCann -Slaughter A COPY ATTEST Brenda G. Garton Frederick County Administrator PDRes #06-17 IMPACT ANALYSIS STATEMENT EXPRESS OIL CHANGE & TIRE ENGINEERS DEVELOPMENT Shawnee Magisterial District Frederick County, Virginia TM 64-A-1 F August 15, 2016 Current (honer: Titan's Corporation Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 NN indy Hill Lane Winchester, VA 22602 540-6624185 0 0 • Greenway linginecring August 15, 2016 Express Oil & Tire Nnginccis Rezoning EXPRESS OIL CHANGE & TIRE ENGINEERS DEVELOPMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 0.604±-acre subject property owned by Titan's Corporation, and identified as Tax Map Parcel 64-A-IF. The subject property is located on the Nvest side of Front Royal Pike (U.S. Route 522 South) approximately 1,000' south of the Interstate 81 Exit 313 northbound on -ramp, and is currently zoned B-2, Business General District. The Applicant proposes to rezone the 0.604i-acre subject property to B-3 I11CILIStr'lal Transition District with proffers to allow for the development o1' an Express Oil Change and Tire Engineers facility that is approximately 4,850 square feet with 3 service bays and 3 oil change bays along the commercial corriclor. Basic information Location: Fronting on the west side of Front Royal Pike (U.S. Route 522 South); approximately 1,000' south of the Interstate 81 Exit 313 northbound on -ramp. Magisterial District: Shawnee District Property ID Numbers: 64-A-IF Current Zoning: B-2, Business General District Current Use: Undeveloped Proposed Zoning: B-3, Industrial Transition District Proposed Use: Express Oil Change & Tire Engineers Facility Total Rezoning Area: 0.604±-acres with proffers for the subject property COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial and institutional land use development is encouraged in the County. File 1134841: Impact Analysis statement/I:AW 2 ! r Greenway Engineering August 15, 2016 Express Oil & Tire Engineers Rezoning The 0.6041-acre subject property is currently located within the UDA; therefore, expansion • of the UDA boundary to accommodate the proposed development of conunercial land use is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas of the County in which commercial and industrial land use development is only desired. The 0.604±-acre subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed development of commercial land use is not required for this rezoning application. Comprehensive Plan Conformity The 0.604±-acre subject property is located in the UDA and the SWSA and is within the study area boundary of the Senseny/Eastern Frederick Urban Area Study. The Senseny/Eastern Frederick Urban Area Study is a large -area plan that identifies land uses, transportation networks, and other matters that are recommended for consideration for future land use and development within this geographic area of the County. The 0.604f-acre subject property is identified for B2/133 conunercial land use; therefore, the proposed B-3, Industrial Transition District rezoning is in conformance with the land use recommendations of the Comprehensive Policy Plan. The B-3, Industrial Transition District rezoning is proposed to allow for the development of the Express Oil Change and Tire Engineers facility, which has been determined not to be a permitted stand-alone land use within the B-2, Business General District. The Express Oil Change and Tire Engineers facility is an appropriate commercial land use along a major commercial corridor. SUITABILITY OF THE SITE Access The 0.604±-acre subject property is located on the west side of Front Royal Pike (U.S. Route 522 South), approximately 250 feet south of the Front Royal Pike/Travel Lodge Drive signalized intersection. Access to the subject property is planned to be provided with a shared right-in/right-out commercial entrance; as well as through an inter -parcel connection with the IHOP property that will provide access to the signalized intersection to facilitate protected left turn movements onto Front Royal Pike. Flnnrl pininc The 0.604f-acre subject property does not contain areas of floodplain as demonstrated on FEMA NFIP Map #51069CO216D, Effective Date September 2, 2009; as well as information from the Frederick County GIS Database. 0 File #3484E Impact Analysis SlalelnnUEAW 3 u 11 0 • • Greenway lingincering August 15, 2016 Fxpress Oil l'fiic Engineers Rezoning Wetlands The 0.604±-acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database. Soil T )es The 0.604±-acre subject property contains one soil type as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil type is present on site: 3B Blaitton Silt Loams 2-7% slope 3C Blaitron Silt Loams 2-15% slope The Blaitron Silt Loam soil type is identified as a prink agl-iCLlltLlral soil and has severe wet properties. The existing commercial land uses that have been constructed along the cast and west sides of the Front Royal Pike (Route 522 South) commercial corridor contain the same soil type, and the subject property is not conducive for agricultural ]and use per the Comprehensive Policy Plan. The soil type is conducive for commercial development of the subject property. Other Environmental Features The 0.604±-acre subject property does not contain areas of steep slope, lakes or ponds or natural stornlnvater retention areas as defined by the Frederick County Zoning Ordinance. There are no known environmental features present that create development constraints for the proposed commercial development project. SURROUNDING PROPERTIES Adjoining, property zoning and present use: North: B-2, Business General District South: B-2, Business General District East: B-2, Business General District West: B-2, Business General District Filc t134841? Impact Analysis SWICitCIWEAW Use: Restaurant (11-10P) Use: Oflicc Use: Pool Hall; Rctail/Grocery (Delco Plaza & Costco) Use: Restaurant (Cracker Barrel) 4 0 0 Greenway Engineering August 15, 2016 Express Oil & Tire Engineers Rezoning 0 TRANSPORTATION The 0.604±-acre subject property is located on the west side of Front Royal Pike (U.S. Route 522 South), approximately 250 feet south of the Front Royal Pike/Travel Lodge Drive signalized intersection. Subsequent to final rezoning approval, the contract purchaser proposes to construct an Express Oil Change & Tire Engineers facility that is approximately 4,850 square feet with 3 service bays and 3 oil change bays. Access to the subject property is proposed to be developed with a right-in/right-out connnercial entrance on Front Royal Pike that is intended to be shared with the IHOP Restaurant; as well as an inter -parcel connection with the IHOP restaurant that will allow for vehicles to access the existing traffic signal at the Front Royal Pike/Travel Lodge Drive intersection to facilitate protected left traffic movement. Greenway Engineering has met with VDOT representatives to discuss the proposed right- in/right-out connnercial entrance and has been advised that VDOT does not object to this access point. However, VDOT advised that the property owner will need to prepare and submit an access management exception request as a component of the Site Plan before the right-in/right-out connnercial entrance can be approved for construction. Additionally, Titans Corporation has an agreement with Lennox, LLC (IHOP Restaurant property owner) that provides for an ingress/egress easement across Tax Map Parcel 64-A-2 that will allow for vehicles to access the existing traffic signal at the Front Royal Pike/Travel Lodge Drive intersection to facilitate protected left traffic movement. Greenway Engineering has prepared Is an exhibit that identifies the proposed location of the right-in/right-out commercial entrance and the approximate location of the ingress/egress easement through the Lennox, LLC property as information with this request. In order to assess the potential traffic impacts for the proposed Express Oil Change & Tire Engineers facility, Greenway Engineering has analyzed the Frederick County Zoning Ordinance to deter-inine the highest and best land use within the B-2, Business General District that is not otherwise permitted in the B-3, Industrial Transition District and has determined that General Merchandise Stores (SIC 53) would be the appropriate land use to compare to the proposed Express Oil Change & Tire Engineers facility (SIC 75). Additionally, Greenway Engineering analyzed traffic study data from the Institute of Traffic Engineers (ITE) Manual, 9t" Edition specific to Shopping Center (820) and Quick Lubrication Vehicle Shop (941). The following analysis compares traffic volumes for the Weekday AM and PM Peak Hours, the Saturday Peak Hours, and the Sunday Peak Hours assuming 4,850 square feet of Shopping Center (820) land use and 6 service bays of Quick Lubrication Vehicle Shop (941) land use specific to the ITE traffic study data: B-2, Business General Land Use ITE (820) Weekday AM Peak: Q = 0.96 VPD per 1,000 square feet gross floor area Q = 0.96 VPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 4.65 or 5 VPD 0 File #3484E Impact Analysis Statement/EAW • • • Gicenway Enginccring ITE (820) Weekday PM Peak August 15, 2016 Express Oil S 'fire 1?11ginecrs Rezoning Q = 3.71 VPD per 1,000 square feet gross Moor area Q = 3.71 VPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 17.99 or 18 VPD ITE (820) Saturday Peak: Q = 4.82 VPD per 1,000 Square feet gross floor area Q = 4.82 VPD x 4.85 (4,850 sq.l't./1,000 sq.ft.) Q = 23.37 or 24 VPD ITE (820) Sunday Peak: Q = 3.12 VPD per 1,000 square feet gross floor area Q = 3.12 VPD x 4.85 (4,850 sq.It./1,000 sq.ft.) Q = 15.13 or 16 VPD B-3, Industrial Transition Land Use ITE (941) Weekday AM Peal: ITE (941) Weekday PM Peak: ITE (941) Saturday Peak: ITE (94 1 ) Sunday Peak: Q = 3.0 VPD per service position Q = 3.0 VPD x 6 service position Q=18VPD Q = 4.0 VPD per service position Q = 4.0 VPD x 6 service position Q=24 VPD Q = 7.0 VPD per service position Q = 7.0 VPD x 6 service position Q = 42 VPD Q = 4.5 VPD per service position Q = 4.5 VPD x 6 service position Q = 27 VPD The ITE projected traffic VOlunICS identified above indicate that the proposed Express Oil Change & Tire Engineers facility (941) has the potential to increase traffic VOlurlleS during the weekday peak hours between 6-13 VPD and by approximately I I-18 VPD during the weekend peak hours compared to the Shopping Center (820) land use. These calculations demonstrate a fairly low Increase in potential traffic VOILII11CS during these time frames (approximately 0.75-1.75 VPD every 15 I1ILIILILCS during the weekday peak hours and approximately 1.5-2.25 VPD every 15 minutes during the weekend peak 110LII-S). The proposed Express Oil Change & Tire Engineers facility will result in a minor increase in peak hour traffic Volume that can be accommodated by the existing transportation infrastructure. The proposed access management plan provides for safe and efficient ingress File 1134841: Impact Analysis Statement/EAW G Greenway Engineering August 15, 2016 Express Oil & Tire Engineers Rezoning and egress for the subject site, which sufficiently mitigates impacts to the transportation is network for this rezoning request. SEWAGE CONVEYANCE AND TREATMENT The 0.604±-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. The City of Winchester is the provider of public sewer service within this area of the County, which is managed by the City of Winchester Public Services Department. The City of Winchester has an existing 8-inch gravity sewer line that adjoins the western boundary of the subject property within a 20-foot easement that is accessible to the property. All cornrnercial land uses on the west side of Front Royal Pike (US Route 522 South) within proximity of the subject property convey sewer effluent through the 8-inch gravity sewer line that goes under hlterstate 81 to a manhole located on the Apple Blossom Mall parcel, which then gravities to the Abram's Creek sewer transmission line that connects to the Opequon Wastewater Treatment Facility. Based on comparable discharge patterns, the City of Winchester Public Services Department has determined that 75 gallons/day per 1,000 square feet of commercial development is an appropriate calculation for estimating the sewer demand for commercial land uses. Q = 75 gallons/day per 1,000 square feet commercial Q = 75 GPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 363.75 GPD TOTAL: Q = 365 GPD projected sewer demand The Opequon Wastewater Treatment Facility has a total capacity of 12.6 MGD, of which 7.125 MGD is allocated to the City of Winchester. The City of Winchester currently averages approximately 5.0 MGD of the allocated capacity and has approximately 2.125 MGD of allocated capacity available for future development projects. The projected 365 GPD for the proposed project represents 0.02% of available treatment capacity; therefore, the proposed rezoning can be sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity and treatment. WATER SUPPLY The 0.604±-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. The City of Winchester is the provider of public water service within this area of the County, which is managed by the City of Winchester Public Services Department. Pile #3484E Impact Analysis Statement/EAW 0 • Greenway Engineering August 15, 2016 I?xplcss Oil -, Tire Iingincers Rezoning • The City ol'Winchester has all existing 12-inch water transmission located Oil the cast side Of Front Royal Pike that provides public water service to the commercial land uses On the west side of Front Royal Pike (US Route 522 South). An 8-inch water is looped Off of the 12-inch water transmission line that adjoins the western boundary 0f't1lc subject property within a 20- foot casement that is accessible to the property. Additionally, a 6-inch water line has been installed on the subject property Off of'the 8-inch water line loop. Based on comparable discharge patterns, the City of Winchester Public Services Department has determined that 75 gallons/day per 1,000 square feet of commercial development is an appropriate calculation for estimating the water demand Ior commercial land uses. Q = 75 gallons/clay per 1,000 square feet commercial Q = 75 GPD x 4.85 (4,850 sq.it./1,000 sq.ft.) Q = 363.75 GPD TOTAL: Q = 365 GPD projected water demand The City of Winchester obtains potable water from the North Fork of'the Shenandoah River, which is treated at the Percy D. Miller Water Treatment Plant located near Middletown. The Percy D. Miller Water Treatnicnt Plant can treat approximately 10 MGD of potable water daily, which is transmitted to serve all properties in the City of Winchester; as well as some • properties in Frederick County. The City has sufficient water capacity to serve these properties; as well as sell excess capacity to the Frederick County Sanitation Aut1101-ity to supplement other water systems in Frederick County. Greenway Engineering met with the City of Winchester Public Services Director to discuss the proposed development project and was advised that the City has adequate capacity to serve this project and that the existing 8- inch water loop provides adequate pressurc and lire flow for all commercial land uses within this portion of the County. Therefore, the proposed rezoning can be sufficiently accommodated by public water service through a system with adequate conveyance, capacity, pressure, and fire flow. 0 SITE DRAINAGE The topographic relief on the 0.604f-acre subject property generally follows a southwestern pattern, which directs drainage towards the rear of'the property adjacent to the Cracker Barrel site. Greenway Engineering prepared an ALTA Survey for the 0.604t-acre subject property, which identifies a 20-foot drainage casement on the property that has been improved with a drop inlet and storm sewer line that ties into the overall ch-ainagc system constructed during the clevelopment of the Cracker Barrel site. This stormwatcr collection system conveys storinwater to a regional stormwater management facility that was constructed during the development of the Cracker Barrel site; therefore, development of the subject property will utilize this regional facility. Pile 104841i Impact Analysis StalemcnUFAW 8 Greenway Engineering August 15, 2016 Express Oil & Tire Engineers Rezoning The 0.604±-acre subject property is exempt from local stormwater quality treatment a requirements due to the size of the parcel; therefore, there should be not stormwater management quality measures to mitigate. Greenway Engineering will work with the County Engineer during the Site Development Plan process to identify storinwater volumes from the proposed development of the subject property to ensure that there are no detrimental impacts to the regional stormwater management facility and to adjoining properties. The stormwater management plan and erosion and sedimentation control plan will be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the development of the proposed Express Oil Change & Tire Engineers facility on the 0.604± acre subject property can be projected from an average annual commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 4t1i edition). The Applicant proposes to develop an Express Oil Change & Tire Engineers facility that is approximately 4,850 square feet with 3 service bays and 3 oil change bays; therefore, solid waste disposal impacts are based on the following figures that provide the increase in average annual solid waste volume based on the development of this facility: AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial AAV = 5.4 cu. yd. x 4.85 (4,850 sq.ft./1,000 sq. ft.) AAV = 26.19 cu. yd. at build -out, or 18.33 tons/yr. at build -out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected commercial development will generate approximately 18.33 tons of solid waste annually on average. This represents a 0.009% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the commercial development will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies the Garber Farm (#34-424) within close proximity of the 0.604±-acre subject property. The Garber Farm was inventoried as part of the overall report; however, the property was not recommended for inclusion on the list of potentially significant properties in the final report. The Garber Farri has been Pile #3484E Impact Analysis Statement/EAW 9 • 0\ • C Gicenway lingineeiine August 15, 2016 lixpress Oil l Tite P.ngincets Rezoning subdivided into multiple properties, which are developed as coil] illerclaI and residential land uses along Garber Lane (Route 763), and as commercial lipid uses along Front Royal Pike (US Route 522 South). The National Park Service Study 01' Civil War Sites ill the Shenandoah Valley identifies the 0.604t-acre subject property as being located within the First Winchester study area boundary, and within close proximity Of the First Winchester core battlefield area boundary. The final report identifies all land within the study area bOLllldal-y that is located in the southeastern quadrant 01' Interstate 81 Exit 313 as having lost integrity due to the existing commercial and residential land use devclopnlcrlt patterns; as well as the construction Of' Interstate 81. The development of commercial land use on the 0.6041-acre subject property is consistent with other properties in this area Of' the County. The Scnseny/Eastern Frederick Urball Area Study does not identify this area of the County as historic or as devclopnlCntally sensitive area. The proposed rezoning of the property will not create negative impacts associated with historic properties and historic resOLII-ces. OTHER POTENTIAL IMPACTS The commercial development of the 0.604±-acre Subject property will provide new economic development opportunities for Frederick County, which has beep determined by the COLIIIty's Development Impact Model to be positive in the consideration of fiscal impacts to County Capital Facilities. It is recognized that the development of' commercial land use has the potential to increase service demands on fire and rescue services; therefore, the Applicant's Proffer Statement provides a monetary contribution of $0.10 per developed building square foot to the County to provide additional revenues that are specifically directed to fire and rescue services. There are no other identified potential Impacts above thOSC discussed ill this Impact Analysis Statement that would be detrimental to SUrrOLUldlllg properties or to the County from the rezoning and development Of the 0.604±-acre subject property. Pile 404541? Impact Analysis Statement/l:MV Ill J a. jerk_ NIN IL �i: , ♦ i �rN. dal' `\ ice• �`� /- 4 A/ `\ Vv 14V J rk4& ` . �.� �• .�� ! ram(' •- ` O 3 �' s.:+� `•�; � '� �QO � „� ,�, .: ,�. \ � � "tit. 16 LN " L , loo -o* 4 5,6 44 Co ~ CD A iVON j sa r 00 A, I , - .4'Q\r` ,.. `gip •�P 421-1 ~ `+ t y��• ° � ice` ��'n !>. )••�, �• 13 i L r 71 ? O ((DD CA OW D m 0 3 T IS n a r 3 N N CD CD EXPRESS OIL CHANGE & TIRE ENGINEERS REZONING AERIAL OVERVIEW SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE 2016-07-28 PROJECT ID 3484E IDESIGNED BY DWE SCALE 1 Inch = 200 Feet EXPRESS OIL CHANGE & TIRE ENGINEERS REZONING AERIAL OVERVIEW f, FN'D%sv1971 GREENWAY ENGINEERING Senseny / Eastern Frederick Urban Area Study Land Use Adopted by BOS on June 13, 2012 Amended on September• 10, 2014 YYXI Z4 0. Q51V SITE LOCATION MAP 7 l.; (3 W _U Ckf a. _HAR-VARD-DR- rJ U Z C J 795 -� Air 797 O Legend _I TM 64-A-1 F Parcel Boundary Winchester City Limits Frederick County Zoning B2 (Business. General Distrist) - B3 (Business. Industrial Transition District - HE (Higher Education District) M2 (Industrial. General District) RA (Rural Area District) RP (Residential. Perfo)mance District) Feet 300 0 300 I W :�i U U) Z z � Q W = W U Z �- U JO O O z J U) W Q LU Z W Q X 06 Z_ W z O Nj Z z O W O � o m w / Z Q z a Q � z � Z z C3 w / w w Z 0 o O J Q > Z U W a -S z w z o � g c7 0 J _ Z w 0 0 O W U C 2 U 3 w J C0 Z w w u Z Z O �j O Q W N II V) W = � LL p L 0 0 N � w O Map Data Source Frederick County, Va. GIS Department, 2016 Data. Greenway Engineering Map Data Source Frederick County, Va. GIS Department 2016 Data. City of Wnchester GIS Department 2016 Data, FCSA Water 3 Sewer Courtesy of FCSA, January 2016, Greenway Enpmeennp ti? 5� NNW ty W Of a. — / HPRVPR� �R� c L z N J 795 � A RiA,,cFTpN �797] O,Q M/<<tVoo �\ Legend TM 64-A-1 F Parcel Boundary J Winchester City Limits Lake or Pond Wetland (NWI) 100 Year Floodplain Stream 5 Foot Intermediate Contours 25 Foot Index Contours Feet �_ F3( 0 00 300 Qh Z *4 z W z W W U) 0U) w 0� Z rK Q W LLJ U Z Z W J (J Z LL Ow O H U) w w Z Lij �_ W CL °� X w O X w to rn w w D- ~ m 0 Z Q Q z U Z N z to to (3 w w o o w J Q > LIJ Q Q� i- V v ors Z_ � w Z in W (3 Z 0�_ J ~ ::) 0 G Z NN Q 0 U w z < w S w 1 Y U 3 U J 2 z w a a a° rl O 0 w Z UJ Co w O w Z w Z U) � i V o w Lij Q � Map Data Source Frederick County. Va GIS Department 2016 Data. U S Fish 6 Wldlife Service )Natrona) Wetlands Inventory https //www fws gov/wetlands/Data/Data-Download htmI) Greenway Engineering 0 Map Data Source Fredenck County, Va GIS Department, 2016 Data, Greenway Engineering Map Data Source Frederick County. Va. GIS Department, 2016 Data. Greenway Engineering C� UNT"Y of U12,E DER ICKC °psartmeiit of Public Wok -Us 5401665-5643 FAX: 540/678-0682 October 5, 2016 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Rezoning Application for Proposed Express Oil Change and Tire Engineers Dear Mr. Wyatt: We have completed our review of the rezoning request for the proposed Express Oil and Tire Engineers, to be located on an approximate 0.6 acre parcel immediately south of the II -lop Restaurant on Route 522. The application requests a rezoning change fi-om B-2 to 13-3. Based on our review of the application package and a field inspection of the site, we offer the following comments: 1. Refer to Page 5, Transportation: Provide a copy of the agreement between the Titans Corporation and the IHop Restaurant property owner that provides an ingress/egress easement across Tax Map • Parcel 64-A-2. 2. Refer to Page 8, Site Drainage: Include a copy of the Deed of Dedication which highlights the stormwater management system that was constructed during the development of the Cracker Barrel site. During the design of the site plan for the proposed development, it will be necessary to verify that the capacity of this system will accommodate the additional run off from the new site. Also, our site inspection revealed that the existing drop inlet is severely clogged with debris and sediment and needs to be maintained to accommodate runoff from the undeveloped site. • I can be reached at 540-722-8214 if you should have any questions regarding the above comments. Sincerely, l�! Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES/kco cc: Planning and Development file 107 North Dent Street, Second Floor, Suite 200 - Winchester, Virginia 22601-5000 • 4� ��"' ... _. COUNTY of FREDERICK Office of the County Attorney 17 8 540/722-8383 Fax 540/667-0370 October 11, 2016 VIA E-MAIL AND REGULAR MAIL Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 Re: Rezoning Application — Express Oil Change & Tire Engineers Proffer Statement dated September 9, 2016 is Dear Evan: You have submitted to Frederick County for review the above -referenced proffer statement (the "Proffer Statement") for the proposed rezoning of Tax Parcel Number 64- A-1 F (the "Property"), 0.604} acres, more or less, in the Shawnee Magisterial District, from the B2 (General Business) District to the B3 (Industrial Transition) District, with 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: • With respect to Proffer 131, while the accompanying impact analysis statement indicates that Greenway has prepared an exhibit that identifies the proposed location of the right-in/right-out entrance, staff should be aware that neither the materials submitted nor the proposed proffer statement contains such an exhibit. • With respect to Proffer B2, staff should be aware that, while the impact analysis statement indicates an agreement exists for interparcel access, the land records do not reflect any such agreement, so as to be binding upon subsequent parties. Also, as with the entrance, neither the materials submitted nor the proposed • 107 North Kent Street • Winchester, Virginia 22601 • Mr. Evan Wyatt October 11, 2016 Page 2 proffer statement contains an exhibit identifying the proposed location of the interparcel access. 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. Sinc , f� Roderick B. Williams County Attorney cc: Candice Perkins, Assistant Director of Planning & Development (via e-mail) • 0 0 • • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. Fee Amount Paid $ J G (>D , C1 (; Zoning Amendment Number U G�- I ') Date Received i, I JC' ) t l PC Hearing Date 21 1 CD t -7 BOS Hearing Date?Tj9 The following in for,nation shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering, Inc. Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Nanie: Titans Corporation, a VA Corp Address: 1220 Richmond Road, Suite E Williamsburg, VA 23185 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540) 662-4185 Telephone: (757) 846-6960 Telephone: (540) 662-4185 4. Property Information: a. Property Identification Number(s): 64-A-1 F b. Total acreage to be rezoned: 0.604+/- acres C. Total acreage of the parcels) to be rezoned (if the entirely of the parcel(s) is not being rezoned): N/A d. Current zoning designation(s) and acreage(s) in each designation: B-2 District 0.604+/- acres e. Proposed zoning designation(s) and acreage(s) in each designation: B-3 District 0.604+/- acres f. Magisterial District(s): Shawnee District is 12 9 • 5. Checklist: Check the following items_ that have been included with this application. Location map ✓_ Agency Comments Plat ✓ Fees Deed to property _; ✓ Impact Analysis Statement _ ✓_ Verification of taxes paid _1 Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district I Digital copies (pdf's) of all submitted documents, maps and exhibits 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Titans Corporation, a Virginia Corporation - Demetrios Florakis Day Pop, Inc. - Charles Thompson 7. Adjoining Property: PARCEL ID NUMBER USE ZONING Please refer to attached Adjoining Property Owner Map and Adjoining Property Table 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): Tax Map 64-A-1 F is located on the west side of Front Royal Pike (US Route 522 South) and immediately south of the IHOP Restaurant; approximately 1,000' south of the Interstate 81 Exit 313 Interchange. 0 • 13 0 • 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: N/A Townhome: N/A Multi -Family: N/A Non -Residential Lots: N/A Mobile Home: N/A Hotel Rooms: N/A Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial: 10. Signature: Other: < 5,000 sy.e. 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):1,L Date: Date: Owner(s): l" % �, Date: Date: • 14 0 0 0 EXPRESS OIL CHANGE and TIRE ENGINEERS REZONING (PROJECT 3484E) Tax Map Number 64 8 1 Owner PRICE COMPANYTHE, DBA:COSTCO WHOLESALE TAX DPT 239 Mailing Address 999 LAKE DR City & State ISSAQUAH, WA ZIP 98027 Acreage 13.00 64 A 1E CRACKER BARREL OLD COUNTRY STORE, ATTN: PROPERTY MGT PO BOX 787 LEBANON, TN 37088 4.01 64 A 1F TITANS CORPORATION 1220 RICHMOND RD WILLIAMSBURG, VA 23185 0.60 64 A 1G CRACKER BARREL OLD COUNTRY STORE, ATTN: PROPERTY MGT PO BOX 787 LEBANON, TN 37088 0.47 64 A 2 6ES1 LENNOX LLC 6345 BALBOA BLVD STE 310 ENCINO, CA 91316 0.96 64 A 3 —LIDELCO BEALL HOUSE LC, C/O HENKEL-HARRIS CO 10, O BOX 2170 WINCHESTER, VA 22604 0.92 64 A 4A DEVELOPMENT COMPANY OF, C/O THE ROSEN GROUP 40 EAST 69TH ST NEW YORK, NY 10021 16.94 64 A 4D ITHE MARATHON BANK, C/O UNITED BANK ATTN ANGIE BOARD 1514 MARKET ST IPARKERSBURG,WV 1 261011 1.00 9 • ADJOINING PROPERTIES USTING SOURCE: FREDERICK COUNTY GIS, 2016 DATA • ��cx �oG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: wwwAva.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) Titans Corporation (Phone) (Address) 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. DB 976 on Page 1370 , and is described as Parcel: 64 Lot: A Block: 1F Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. (Phone) (540) 662.4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the clay it is signed, or until it is otherwise rescinded or modified. In witless thereof, I (we) have hereto set my (our) hand and seal this day of --V�, , 20�, Signature(s) f State of Virginia, City/County of 0,M.2k 0A, , To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this lU day of 1o_ no, 20. My Commission Expires: 3 �- otai•y Public REBECCA IiILSTROR7 NOTARY PI IRI Irr nr_o „ ti,.,. , )MMONWEALTI-I OF VIRGINIA MY COMMISSION EXPIRES JULY 31, 2018 0 • REZONING APPLICATION 02-17 EXPRESS OIL CHANGE & TIRE ENGINEERS Staff Report for the Planning Commission Prepared: February 6, 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 rezone 0.604+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The Applicant is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. LOCATION: The site is located on the west side of'Front Royal Pike (Route 522 South) and immediately south of the I1-IOP Restaurant approximately 1,000' south of the hlterstate 81 Exit 313. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/15/17 PLANNING COMMISSION MEETING: This is an application to rezone a total of 0.604+/- acres of land fi-om the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The Applicant is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. Staff would note that this proposed use has not been proffered; the applicant has excluded a number uses in the proffer statement (such as landscape services, warehousing, utility facilities, and trailer parking). This property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Senseny/Eastern Frederick Land Use Plan of' the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with a commercial land use designation which is consistent with the current zoning and the requested zoning of the subject property. Access to the property is proposed via a new right-in/right-out entrance onto Front Royal Pike (Route 522); this proposed new entrance will be shared with the adjacent II-IOP Restaurant. An interparcel- connection with the II-10P Restaurant is also planned that will allow vehicles to access the existing traffic signal located at Front Royal Pike (Route 522)/Travel Lodge Drive. The necessary easements to facilitate these access points will be recorded prior to review by the Board of Supervisors. The Applicant has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue. A recommendation regarding this rezoning application) to the Board of Supervisors would be appropriate The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning 402-17 Express Oil Change & Tire Engineers February 6, 2017 Page 2 This report is prepared by the Frederick County Ilanning 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 he useful to others interested in this Zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 02/15/17 Pending Board of Supervisors: 03/08/17 Pending PROPOSAL: To rezone 0.604-+-/- acres from the 132 (General Business) District to the 133 (Industrial Transition) District with proffers. The Applicant is seeking to rezone the site to the 133 District to enable the construction of an express oil and tire facility. LOCATION: The site is located on the west side of Front Royal Pike (Route 522 South) and immediately south of the IIJOP Restaurant approximately 1,000' south of the Interstate 81 Exit 313. MAGISTERIAL DISTRICT: Shawnee PROPERTY Ill NUMBER: 64-A-IF PROPERTY ZONING: 132 (General Business) PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: 132 (General Business) District Use: Commercial South: 132 (General Business) District Use: Commercial East: 132 (General Business) District Use: Cornincl'clal West: 132 (General Business) District Use: Commercial Rezoning #02-17 Express Oil Change & Tire Engineers February 6, 2017 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 522. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation/access management proffers offered in the Express Oil Change & Tire Engineers rezoning application dated September 9, 2016 addresses transportation concerns associated with the request. It should be noted that to ensure the right in/right out, the entrance design will require a median device be constructed to prevent a left turn in/out of the proposed entrance. Before development this office will require a complete set of construction plans detailing designs, drainage features and traffic flow data for review. Frederick County Fire Marshall: Plan approved. Frederick County Sanitation Authority: No comment. Frederick County Department of Public Works: Please see letterfirom Harvey E. Strawsnyder, Jr., P.E., Director dated October 5, 2016. Frederick County Attorney: Please see letterfi-om Roderick B. Williams, County Attorney dated October 11, 2016. Winchester Regional Airport: Due to FAA Federal regulation owner/develop will be required to file with the FAA for an airspace study as part of the site plan process for all buildings prior to construction with a separate filing for temporary construction equipment exceeding height of structure. Rezoning is compatible with airport operations. City of Winchester: The City of Winchester can readily provide water and sanitary sewer service to this parcel and has no concerns about the proposed rezoning and development. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester City Quadrangle) identifies this property as being zoned B2 (General Business) District. 2) Comprehensive Policy Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. Rezoning #02-17 Express Oil Change & Tire Engineers February 6, 2017 Page 4 The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. 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. Lund Use This property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Scnseny/Eastern Frederick Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with a commercial land use designation which is consistent with the current zoning and the requested zoning of the subject property. Transoorlalion and Site ifccess Access to the property is proposed via a new right-in/right-out entrance onto Front Royal Pike (Route 522); this proposed new entrance will be shared with the adjacent II-IOP Restaurant. An interparcel-connection with the I1-IOP Restaurant is also planned that will allow vehicles to access the existing traffic signal located at Front Royal Pike (Route 522)/Travel Lodge Drive. The necessary easements to facilitate these access points will be recorded prior to review by the Board of Supervisors. 3) Proffer Statement — Dated September 9, 2016 A. Land Use Restrictions — The Owner has prohibited the following uses: • Landscape and Horticultural Service • Local and Suburban Transit Services • Motor Freight Transportation and Warehousing • Transportation by Air • Utility Facilities and their Accessory Uses • Drive In Motion Picture Theaters • Tractor Truck and Trailer Parking B. Access Management: I . The Owner has proffered to lirnit new commercial entrance access to the property to a right in/right-out only partial access. 2. The Owner proffers to construct interparcel connectivity between the property and parcel 64-A-2 (II-IOI') to facilitate access to the Front Royal Pike (Route 522)/Travel Lodge Drive signalized entrance. C. Monetary Contribution to Offset Impact of Development: 1. The Applicant has proffered $0.10 per developed square foot for County and Fire Rezoning H02-17 Express Oil Change & Tire Engineers February 6, 2017 Page 5 Rescue services; payable at occupancy permit. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/15/176 PLANNING COMMISSION MEETING: This is an application to rezone a total of 0.604+/- acres of land from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The Applicant is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. Staff would note that this proposed use has not been proffered; the Applicant has excluded a number uses in the proffer statement (such as landscape services, warehousing, utility facilities, trailer parking). This property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Senseny/Eastern Frederick Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with a commercial land use designation which is consistent with the current zoning and the requested zoning of the subject property. Access to the property is proposed via a new right-in/right-out entrance onto Front Royal Pike (Route 522); this proposed new entrance will be shared with the adjacent II-IOP Restaurant. An interparcel- connection with the IHOP Restaurant is also planned that will allow vehicles to access the existing traffic signal located at Front Royal Pike (Route 522)/Travel Lodge Drive. The necessary easements to facilitate these access points will be recorded prior to review by the Board of Supervisors. The Applicant has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. tot GABBER. W 0 �� 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) I- t h, f BWIeclwstN s i56 DELCO ruza Pico' REZ # 02 - 17 Frederick County Dept of Express Oil Change Planning Develonmene 107 N Kent St and Tire Engineers Suite 202 PIN: Winchester, VA 22601 64 -A - IF 540 - 665 - 5651 Rezoning from B2 to B3 Map Created: January 23, 2017 Staff: cperkins 0 55 110 220 Feet Applications Parcels Sewer and Water Service Area Building Footprints REZ # 02 - 17 Express Oil Change and Tire Engineers ;'IN: as - A - IF Rezoning from B2 to B3 Note: Frederick County Dept of Planning De,ebpmenf� 107 N Kent S' Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: January 23, 2017 Staff: cperkins 0 55 110 220 Feet 1W44 Rezoning from B2 to B3 • ��666 • s h ��ws • � � �. .. �` " � '4 ��' mac.; - 4 '` ``•'• �� Wit` � .��, Is 4 RIO 522 LN Applications Parcels ••• • ` Sewer and Water Service Area Building Footprints n' Long Range Land Use . w CD Residential \ Q\••�♦,Y • �•S: Neighborhood Village Urban Center �0 Mobile Home Community �\ . 0 Business ` �Q�� !, 0 Highway Commercial , • • 'lls), Mixed -Use ` L (Z) Mixed Use Commercial/office 40 Mixed Use Industrial/Office �♦ `!� 40 Industrial ® Warehouse Heavylndustnal Extractive Mining L J Commercial Rec C-0 Rural Community Center ® Fire & Rescue O Historic ® Institutional - Planned Unit Development "//, Park C7 Recreation School 4P Employment Airport Support Area 0 B2/B3 QResidential 4 u/a OHigh -Density Residential 6 u/a Q High -Density Residential. 12-16 u/a O Rural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation 0 Environmental 8 Recreational Resources Winchester I u Cam• I WIN Or wu rw Note: REZ # 02 - 17 Frederick County Dept of Express Oil Change Planning & Develonrnenl 107 N Kent St e and Tire Engineers suite 202 PIN: Winchester. VA 22601 64 - A - I F 540 - 665 - 5651 pezoning from B2 to 83 Map Created: January 23, 2017 Staff: cperkins 0 55 110 220 Feet IMPACT ANALYSIS STATEMENT EXPRESS OIL CHANGE & TIRE ENGINEERS DEVELOPMENT Shawnee Magisterial District Frederick County, Virginia TM 64-A-IF August 15, 2016 Current Owner: Titans Corporation Contact Person: E%an Wyatt, Director OI' band Planning Greenway Engineering. Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engincering 0 0 August 15, 2016 Express Oil & Tire Engineers Rezoning EXPRESS OIL CHANGE & TIRE ENGINEERS DEVELOPMENT INTRODUCTION This report has been prepared 1'or the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 0.604±-acre subject property owned by Titans Corporation, and identified as Tax Map Parcel 64-A- IF. The subject property is located on the west side of Front Royal Pike (U.S. Route 522 South) approximately 1,000' south of the Interstate 81 Exit 313 Ilorthbollild oil-I'aillp, and is currently zoned B-2, Business General District. The Applicant proposes to rezone the 0.604±-acre subject property to 13-3 Industrial Transition District with proffers to allow for the development of an Express Oil Change and Tire Engineers facility that is approximately 4,850 square 1'eet with 3 service bays and 3 oil change bays along the commercial corridor. Basic information Location: Fronting on the west side of Front Royal Pike (U.S. Route 522 South); approximately 1,000' south of the Interstate 81 Exit 313 northbound on -ramp. Magisterial District: Shawnee District Property ID Numbers: 64-A-1 F Current Zoning: 13-2, Business General District Current Use: Undeveloped Proposed Zoning: B-3, Industrial Transition District Proposed Use: Express Oil Change & Tire Engineers Facility Total Rezoning Area: 0.604±-acres with proffers I'OI' the subject property COA4PREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) del'ines the general area in which residential, commercial, 111d1IStrial and institUtlonal land Use &Velopl1le11t is e11COUraged in the County. Pile It34841'. Impact Analysis StatemenUl?AW 2 r 0 (ireenway Engineering August 15, 2016 Express Oil & Tire I?ngincers Rezoning The 0.604±-acre subject property is currently located within the UDA; therefore, expansion of the UDA boundary to accommodate the proposed development Of con-unerclal land use is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also eXtelldS Outside of the UDA to accommodate areas Of the CO1111ty In which commercial and i11dLlstrlal land use development is only desired. The 0.604±-acre subject property is currently located within the SWSA; therefore, expansion of' the SWSA boundary to accommodate the proposed development of' commercial land use is not required for this rezoning application. Comprehensive Plan Conformity The 0.604±-acre subject property is located in the UDA and the SWSA and is within the study area boundary of the Senseny/Eastern Frederick Urban Area Study. The Senseny/Eastern Frederick Urban Area Study is a large -area plan that identifies land uses, transportation networks, and other matters that are recommended for consideration fOl- fUtUl'e land Use and development within this geographic area of the County. The 0.604±-acre subject property is identified for 132/133 commercial land use; therefore, the proposed B-3, Industrial Transition District rezoning is in conformance with the land use recommendations of the Comprehensive Policy Plan. The 13-3, Industrial Transition District rezoning is proposed to allow for the development of the Express Oil Change and Tire Engineers facility, Which has been determined ilot to be a permitted stand-alone land Use Within the B-2, Business General District. The Express Oil Change and Tire Engineers facility is an appropriate commercial Ialld LISe along a major commercial corridor. SUITABILITY OF THE SITE Access The 0.604±-acre subject property is located on the west side of Front Royal Pike (U.S. Route .522 South), approximately 2.50 feet south of the Front Royal Pike/Travel Lodge Drive signalized intersection. Access to the Subject property is planned to be provided with a shared 1-ight-1n/right-OUt commercial entrance; as well as till-OUgh all inter -parcel connection with the II-IOP property that will provide access to the Signalized intersection to facilitate protected left turn nlovenlents onto Front Royal Pike. Flood Plains The 0.604±-acre Subject property does not contain areas of' floodplain as demonstrated on FEMA NFIP Map #51069CO216D, Effective Date September 2, 2009; as Well as information from the Frederick County GIS Database. File 4348,11: Impact Analysis Slatemem/HAW 3 a 01 Greenway Engineering August 15. 2016 Express Oil & Tire Engineers Rezoning Wetlands The 0.604±-acre SUblect property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database. Soil Types The 0.604±-acre Subject property contains one Soil type as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil type is present on site: 3B Blairton Silt Loams 2-7% slope 3C Blairton Silt Loams 2-15% slope The Blairton Silt Loam soil type is identified as a prime agricultural soil and has Severe wet properties. The existing commercial land uses that have been Constructed along the east and west sides of the Front Royal Pike (Route 522 South) COnllnercial corridor Contain the same soil type, and the Subject property is not conducive for agrlCUltUral land use per the Comprehensive Policy Plan. The soil type is conducive for commercial development of the subject property. Other Environmental Features The 0.604±-acre Subject property does not contain areas of steep slope, lakes or ponds or MAMA Stormwater retention areas as defined by the Frederick County Zoning Ordinance. There are no known environmental IcatllrCS present that create development constraints for the proposed commercial development project. SURROUNDING PROPERTIES Adjoining property zoning and preSCnt use: North: 13-2, Business General District Use: Restaurant (IHOP) SOUth East West B-2, BLISIness General District Use: Office B-2, Business General District B-2, BIISIneSs General District Pile 10484H Impact Analysis Statcment/FAW Use: Pool Hall; Retail/Grocery (Delco Plaza & Costco) Use: Restaurant (Cracker Barrel) 4 Greenway Engineering August 15, 2016 0 Express Oil & fire Hngineers Rezoning TRANSPORTATION The 0.604±-acre Subject property is located on the west side of Front Royal Pike (U.S. Route 522 SOLIth), approximately 250 feel SOuth of the Front Royal Pike/Travel Lodge Drive signalized intersection. SLIbSegllCilt to final rezoning approval, the contract purchaser proposes to COnStrUct all Express Oil Change & The Engineers faculty that iS approximately 4,850 square feet with 3 service bays and 3 oil change bays. Access to the Subject property is proposed to be developed with a right-in/right-Out COnlnlercial entrance on Front Royal Pike that is intended to be Shared with the I1-I01" Restaurant; as well as all inter -parcel connection with the IHOP restaurant that will allow for vehicles to access the existing traffic signal at the Front Royal Pike/Travel Lodge Urive intersection to iacilitate protected left traffic moveillent. Greenway Engineering has met with VDOT representatives to discuss the proposed right- ill/right-OLIt commercial entrance and has been advised that VDOT does not Ob1ect to this access point. However, VDOT advised that the property owner will need to prepare and submit an access management exception request as a component Of the Site Plan before the right-111/1-ight-01.II commercial entrance can be approved 1'01- construction. Additionally, Titans Corporation has an agreement with Lennox, LLC (II-IOP Restaurant property owner) that provides for an ingress/egress easement across Tax Map Parcel 64-A-2 that will allow for vehicles to access the existing traffic signal at the Front Royal I'ike/Travel Lodge Drive intersection to facilitate protected left traffic movement. Greenway Engineering has prepared an exhibit that identifies the proposed location of the right-in/right-out commercial entrance and the approximate location of the ingress/egress USCi11Cut thl-011gh the Lennox, LLC properly as iI1formation with this request. In order to assess the potential traffic impacts for the proposed Express Oil Change & Tire Engineers facility, Greenway Engineering has analyzed the Frederick County Zoning Ordinance to determine the highest and best land use within the 13-2, Business General District that is not otherwise permitted in the 13-3, Industrial Transition District and has determined that General Merchandise Stores (SIC 53) would be the appropriate land use to compare to the proposed Express Oil Change & Tire Engineers facility (SIC 75). Additionally, Greenway Engineering analyzed traffic study data front the Institute of Traffic Engineers (ITE) Manual, 9°i Edition Specific to Shopping Center (820) and Quick Lubrication Vehicle Shop (941). The following analysis compares traffic volumes f'or the Weekday AM and PM Peak Hours, the Saturday Peak Hours, and the Sunday Peak Howl aSSL11111I1g 4,850 square feet of Shopping Centel' (820) land use and 6 service bays of Quick Lubrication Vehicle Shop (941) land use specific to the ITE traffic Study data: B-2, Business General Land Use ITE (820) Weekday AM Peak: Q = 0.96 VPD per 1,000 square feet gross floor area Q = 0.96 VPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 4.65 or 5 V13D File 11348,I1i Impact Analysis Stalement/FAW 5 (ireenway Engineering August 15, 2016 Express oil &, "fire Engineers Rezoning ITE (820) Weekday PM Peak: Q = 3.71 VPD per 1,000 SgUare feet gross floor area Q = 3.71 VPD x 4.85 (4,8.50 sq.ft./l,000 sq.ft.) Q = 17.99 or 18 VPD ITE (820) Saturday Peak: Q = 4.82 VPD per 1,000 square feet gross Iloor area Q = 4.82 VPD x 4.85 (4,850 sq.l't./ 1,000 sq. ft.) Q = 23.37 or 24 VPD ITE (820) Sunday Peak: Q = 3.12 VI'D per 1,000 SgUai'C feet g1'oSS floor area Q = 3.12 VPD x 4.85 (4,850 sci ft./1,000 sq.ft.) Q=1.5.13or16V13D B-3, Industrial Transition Land Use ITE (941) Weekday AM Peak ITE (941) Weekday PM Peak ITE (941) Saturday Peak ITE (941) Sunday Peak Q = 3.0 VPD per service position Q = 3.0 VPD x 6 service position Q = 18 VPD Q = 4.0 VPD per Service position Q = 4.0 VPD x 6 service position Q=24VPD Q = 7.0 VPD per Service position Q = 7.0 VPD x 6 service position Q = 42 VPD Q = 4.5 VPD per service position Q = 4.5 VPD x 6 service position Q = 27 VPD The ITE projected traffic volumes identified above indicate that the proposed Express Oil Change & Tire Engineers facility (941) has the potential to increase traffic volumes during the weekday peak hours between 6-13 VPD and by approximately 11-18 VPD during the weekend peak hours compared to the Shopping Center (820) land Use. These calculations demonstrate a fairly low increase in potential traffic volumes during these time frames (approximately 0.75-1.75 VPD every 15 minutes during the weekday peak hours and approximately 1.5-2.25 VPD every 15 nllnlltCS during the weekend peak hours). The proposed Express Oil Change & Tire Engineers facility will result in a minor increase in peak hour traffic volume that can be accommodated by the existing transportation infrastructure. The proposed access management plan provides for safe and efficient ingress File 134841: Impact Analysis Statement/FAW 6 Greenway Engineering August 15, 2016 Express Oil & Tire Engineers Rezoning and egress for the subject site, which sufficiently mitigates impacts to the transportation network for this rezoning request. SEWAGE CONVEYANCE AND TREATMENT The 0.604±-acre Subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on COLInty Policy. The City of Winchester is the provider Of public sewer service within this area of the County, Which 1S managed by the City Of WillChCStCI- Public Services Department. The City of Winchester has an existing 8-inch gravity sewer line that adjoins the western boundary Of the subject property within a 20-foot easement that is accessible to the property. All commercial land LISCS Oil the West side of Front Royal Pike (US IZOute 522 SOLIth) within proximity of the subject property convey sewer effluent through the 8-inch gravity sewer line that goes under Interstate 81 to a manhole located on the Apple Blossom Mall parcel, which then gravities to the Abram's Creek sewer transmission line that connects to the OpegLlon Wastewater Treatment Facility. Based oil comparable discharge patterns, the City Of Winchester PLIblic Services Department has determined that 75 gallons/clay per 1,000 square feet of commercial development is an appropriate calculation for estimating the sewer demand for commercial land L►ses. Q = 75 gallons/day per 1,000 square feet commercial Q = 75 GPD x 4.8.5 (4,850 sq.ft./1,000 sq.ft.) Q = 363.75 GPD TOTAL: Q = 365 GPD projected sewer demand The Opequon Wastewater Treatment Facility has a total Capacity Of 12.6 MGD, of Which 7.125 MGD is allocated to the City of Winchester. The City of Winchester currently averages approximately 5.0 MGD of the allocated capacity and has approximately 2.125 MGD of allocated capacity available for future development projects. The projected 365 GPD for the proposed project represents 0.02% of available treatment Capacity; therefore, the proposed rezoning can be sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity and treatment. WATER SUPPLY The 0.604±-acre Subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. The City of Winchester is the provider Of public water service within this area of the County, Which is managed by the City Of WiIlCheStCr PLIblic Services Department. File 1134841: Impact Analysis Statement/FAW 7 (ireenway Engineering August 15, 2016 Express Oil & "fire Iinginecrs Rezoning The City of Winchester has all existing 12-Inch water transmission located oil the east side of Front Royal Pike that provides public water service to the commercial land Uses on the west side of Front Royal Pike (US Route 522 South). An 8-inch water is looped off of the 12-inch water transmission line that adjoins the western boundary of' the Subject property within a 20- foot easement that is accessible to the property. Additionally, a 6-inch water line has been installed oil the Subject property off of the 8-inch Water line loop. Based oil coillparable discharge pattcrllS, the City of Winchester PLlbliC Services Department has determined that 75 gallons/day per 1,000 SCILlal'C Fect of commercial development IS all appropriate calculation for estiillating the Water demand for commercial laird LiSCS. Q = 75 gallons/day per 1,000 sgUare Feet commercial Q = 75 GPD x 4.85 (4,850 scl.ft./1,000 sq.ft.) Q = 363.75 GPD TOTAL: Q = 365 GPD projected water demand The City of Winchester obtains potable Water From the North Fork of the Shenandoah River, which is treated at the Percy D. Miller Water Treatment Plant located near Middletown. The Percy D. Miller Water Treatment Plant can treat approximately 10 MGD of potable water daily, which is transmitted to serve all properties in the City of' Winchester; as well as some properties in Frederick County. The City has Sufficient water capacity to serve these properties; as well as sell excess capacity to the Frederick County Sanitation Authority to Supplement other water systems in Frederick County. Greenway Engineering met with the City of Winchester Public Services Director to discuss the proposed development project and was advised that the City has adeClUate capacity to Serve this project and that the existing 8- inch water loop provides adegUate preSSUrc and fire How For all commercial land LISCS Wlthill this portion of the County. Therefore, the proposed rezoning can be Sufficiently accommodated by public Water Service till-011gh a system with adegUate conveyance, capacity, pressure, and fire flow. SITE DRAINAGE The topographic relief on the 0.604±-acre subject property generally follows a Southwestern pattern, Which directs drainage towards the real- of the property adjacent to the Cracker Barrel Site. Greenway Engineering prepared an ALTA Survey for the 0.604±-acre Subject property, Which identifies a 20-loot drainage easelllelll oil the property that has been improved with a drop inlet and storm Sewer line that tics Into the overall dralllagC SystC111 COnStrUcted dUrillg the development of' the Cracker Barrel site. This stormwater collection System conveys stormwater to a regional stor111Water IllallagelllCnt Facility that Was constructed CILlring the development of the Cracker Barrel site; therel'ore, development of the subject property will Utilize this regional facility. File H34541i Impact Analysis Statement/FAW 8 0 Creenway lingineering August 15, 2016 Express Oil &. Tire Engineers Rezoning The 0.604±-acre Subject property is exempt from local stormwater quality treatment requirements due to the size of the parcel; therefore, there should be not stormwater Management gUallty measures t0 mitigate. Greenway Engineering will work with the County Engineer dLll'lllg the Site Development Mall process t0 Identify stormwater VOILlmeS from the proposed development of the Subject propefty to ensure that there are no detrimental impacts t0 the regional stormwater management facility and t0 adjoining properties. The stormwater management plan and erosion and sedimentation Control plan will be designed in conformance With all applicable state and local I-egUlations; therefore, Site drainage and stormwater management impacts t0 adjoining properties and the C011lll1Llllity will be mitigated. SOLID WASTE DISPOSAL The impact oil solid Waste disposal facilities associated With the development Of the proposed Express Oil ChaIlge & Tire Engineers facility oil the 0.604± acre Subject property can be projected from all average annual commercial COI1SL1111pt1011 of 5.4 CLIb1C yards per 1,000 square feet Of StRICtUral area (Civil Engineering Reference Manual, 4`I' edition). The Applicant proposes to develop an Express Oil Change & Tire Engineers facility that is approximately 4,850 SgUare feet With 3 Service bays and 3 oil Change bays; therefore, solid waste disposal impacts are based On tile follOWillg figLll-CS that provide the increase in average annual solid waste Volume based on the development of this facility: AAV = 5.4 Cu. yd. per 1,000 sq. ft. commercial AAV = 5.4 cu. yd. x 4.85 (4,850 sq.ft./ 1,000 sq. ft.) AAV = 26.19 Cu. yd. at build -Out, Or 18.33 tons/yr. at build -out The Municipal Solid Waste area 01' the Regional Landfill has a Current remaining capacity Of 13,100,000 cubic yards of air Space. The projected commercial development Will geIlerate approximately 18.33 tons of' solid waste annually On average. This represents a 0.009% increase in the annual solid Waste received by the MUnlCipal Solid Waste area Of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the commercial development will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated With this land LISC to mitigate this impact. The legional Landfill has adegUate Capacity t0 accommodate the Solid waste impacts associated with this proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies the Garber Farm (#34-424) within close proximity of the 0.604±-acre SLIb_jcct property. The Garber Farm was inventoried as part of the overall report; however, the property Was not recommended fol- IIICILISI011 011 the list of potentially significant properties in the final report. The Garber Farm has been File 1134841: Impact Analysis Stalement/FAW 9 Grecnway Fngineering August 15, 2016 Express Oil R Tire Engineers Rezoning subdivided Into multiple pi'OPCI-ties, which are developed as commercial and residential land uses along Garber Lane (Route 763), and as commercial land uses along Front Royal Pike (US Route 522 South). The National Park Service Study Of Civil War Sites in the Shenandoah Valley identifies the 0.604±-acre subject property as being located within the First Winchester study area boundary, and withiIl close proximity Of the First Winchester core battlefield area boundary. The final report identifies all land within the Study area boundary that is located in the Southeastern quadrant of' Interstate 81 Exit 313 as having lost integrity due to the existing commercial and residential land use (level opment patterns; as well as the construction Of Interstate 81. The development Of commercial land use On the 0.604±-acre Subject property is consistent with other properties in this area Of the County. The Senseny/Eastern Frederick Urban Area Study does not identify this area of the County aS historic Or as developmentally sensitive at -ea. The proposed rezoniilg of the property will not create negative impacts associated with historic properties aild historic reSOUI-CCS. OTHER POTENTIAL IMPACTS The commercial development of the 0.604±-acre Subject property will provide new economic develOprllent Opportunities for Frederick County, which has been determined by the County's Development Impact Model to be positive in the Consideration Of fiscal impacts to County Capital Facilities. It is recognized that the development Of commercial land use has the potential to increase Service demands On fire and rescue Services; therefore, the Applicant's Proffer Statement provides a monetary contribution Of $0.10 per developed building Square foot to the County to provide additional revenues that are specifically directed to fire and rescue services. There are no other identified potential impacts above those discussed in this Impact Analysis Statement that would be detrimental to SUITOLlnding properties or to the County fl-0111 the rezoning and development Of the 0.604±-acl'e Subject property. File t1348,11: Impact Analysis SlalemenYFAW 10 50 LLJ fir 1R, V J LU WZ 0 LLJ af. ! atf Q • 'rig iJ 40 i 4' Ti� • �� \ , 1 fah ��J11✓ . `\` ` _ �% 1 y �: :1;7■1,, 2lipf/,I,h„i At' ftf IIII � R,IF \ �`• wow ♦,% ` - 7 . I• �f l�: .A ♦ CAS •:� `t,� ii 763 All lip ,-^a^� T w SAY F o O TM 64-A-1 F 'e Z 00 Parcel Boundary zz I of Winchester City Limits 1 U of O FeetLU 200 0 200 x 'lyt,,.: In'nn I.,�n N•'wruh i V(:IN I' w U Z Z 0 N W tY a 7 Senseny / Eastern Frederick Urban Area Study Land Use Adopted by BOS on lone 13, 2012 Amended on September 10, 2014 "III'✓ � • �. • �_�� a r `• �tr T i i i - SITE O Ir 5 HARVARD-DR- Z LAJ O Ii _ W 2 V 11 17 r� � 7ri P 50 LOCATION MAP 0� 797 ONOR� q- i/ Q i w 2 i tTt 0 V) Z(r ZO = w ~ O V Z U O O p�kR O Z O OJ i \ U) LLI W Q IY H X o0 Z Q W Z - JP� LeaeNnd IV �Q° _I TM 64-A-1F i Parcel Boundary : o .. ' j Winchester City Limits U.) m i asp Frederick County Zoning % z a i B2 (Business. General Dlstnst) z h F w 763 <<D.O _ B3 (Business. Industrial Transition Distnct) Ui p .0 Z U jZ _ HE (Higher Education Distnct) ~ O a w M2 (Industrial. General District) 0 ZO OJ w 0 9 i natal U' RA (Rural Area Distinct)_ � w i AreaY r RP (Resr,c idential. 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STREET I. 1 � s MAP SCALE 1" - 600' 752 0 500 1000 X. i — • ':n UpryOR SfTy FEET t Y� w, JV1iD177 FFATHERBED4•, LANE 686 ZONE x BLAPPLE OSSOM DR — a < z° 0 669 a � R LOWRV DRIVE i ... p a 667 u Abrmru � Creek 4 656 WADE MILLER DR R � 4339000 M � ice'" J PANEL 021e0 681 4 FIRM 681 q m FLOOD INSURANCE RATE MAP s6. FREDERICK COUNTY, \"IRGINIA 670 m \ ,D INCORPORATEDAREAS >4 a _ fO Frederick County PANEL2,6oF37s ,SEE MAR iNDEM FOR FIRM PANEL UYMM IbrumuCreek FRONTAGE Unincorporated Areas i yv ... 4 0= 510063 i. ZONE X J � ' ZONE X irS MALL P° POPU MAPNUMBER 51069CO216DO DATE *SEPTEMBER ¢ r� �P O' C� r'.4 i EFFECTIVE 2 2009 Fednd E..eRr•rf N•..Fnrei ,:.,., Pia ��(n 745000 M CITY OF VMNCHESTER FREDERICK COUNTY r14330000 M 39'09'22 5" 78*0922 5" w aYMN y"+'.y n w•y N.. Mw�t 1w� awF r.al r•.Kt t.�p. v Y"M.vF b,M ai• m,1.• �rM c.aAc. i.b..•Fr tYa.I •1e•0 ��wrrt. R.ov... woe ,.,.o. ,e.t. i.. rew rwoa M.r, atv. w .r." r.t Nn• y,.. &4 Z w w '. Wz W w 0 I» 3C 2 w a U Z Z Q 3f3 F ww Uj w O `NLU to � t- (L )sz � o w — w ~ o Legend `� z U a i m O TM 64-A-1F 0-' w w O K Parcel Boundary .�� W � J¢ > O t— a — i Winchester City Limits Q .0 i w z NRCS Soils e> z N ° u 3B:BLAIRTON SILT LOAM, 2 TO 7 PERCENT SLOPES �01 u U K 0) U a W $ 3C:BLAIRTON SILT LOAM, 7 TO 15 PERCENT SLOPES 0��, 0 Lu W g of m Feet Cn L` s a m 100 0 m 100 2 t - o Map Data Source: FndMCk Counly. Va rAS Deparaaaa, 2016 Data: 4nw'ry Enpinaenng 857 ,P� �/ sFNSFN'RD. g Pyr i if Winchester m " It O U IY JUBAL�F4RlY. `f G�rF,P 4/R�/<O ' p EJUSAI:EARLY-DR % _ k S9e/ W z First -Winchester W v t.r4�F9R<rpR yo �l j �O z Il e \ 1 m D / \ V \ N OJO .JP BOO 1 �P 1 DEWBERRY.DR � O• / C y r r L-D UDLOVY TEY-Cl/ yQPp_ _O - p HARVARD-OR a -WEEMS LN W Q I; r 795 = P Z U 797 Pq�N e N Q w W �� cFTpN.pR ma i T -1 F = Z y A Ts}c��F 34 424 Z Garbe',Farm 07e6 y 76 0 0 �Q m o y << p Z O W 9 90 M%`LL FD i / j0 ST4'V4 f yFt (n W W LL spR / iq A cr W cif C) j a� o Legend W rn "$ 763 / TM 64-A-1 F ; t� WINDY•HILL-L-N co Parcel Boundary srF�Fop � I a 761 � Winchester City Limits w / oP �f Cemeteries rn o ORural Landmarks Z V < z CWCamps z w a) a r 3 w o CWForts w Q > w Civil War Battlefields Z W mEQ`FRSTo - -� First Winchester Z N w O o Third Winchester = U o / Second Kemstown W a O Z p N U) _ w % n6 Feet w X LL rnR Second Kestown / 800 0 8001 o w Map Dale Source; Freoend County, Va. GIs Depad-1, 2016 Data; G—W Elgineennp • COUNTY of FREDE ICK I October 5, 2016 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Department of Public Works RE: Rezoning Application for Proposed Express Oil Change and Tire Engineers Dear Mr. Wyatt: 5401665-5643 FAX: 540/678-0682 We have completed our review of the rezoning request for the proposed Express Oil and Tire Engineers, to be located on an approximate 0.6 acre parcel inllnediately south of the I1-Iop Restaurant on Route 522. The application requests a rezoning change from B-2 to B-3. Based on our review of the application package and a field inspection of the site, We offelthe IOIIUWIng COnlillenlS: 1. Refer to Page 5, Transportation: Provide a copy of the agreenient between the Titans Corporation and the IHop Restaurant property owner that provides an ingress/egress casenient across Tax Map Parcel 64-A-2. 2. Refer to Page 8, Site Drainage: Include a copy of the Deed of Dedication which highlights the stol'illwater 1-nallagenlent system that Was Co11StRiCtCd C11-11'ing the development of the Cl'ackel' Barrel site. During the design of the site plan for the proposed development, it will be necessary to vel'lfy that the capacity of tills system will acconllliodate the additional 11111 off fl'Ulll the new site. Also, our site inspection revealed that the existing drop inlet is severely clogged with debris and sedinient and needs to be maintained to accommodate runoff front the undeveloped site. I can be reached at 540-722-8214 if you should have any questions regarding the above conllllents. Sincerely, Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES/kco cc: Planning and Development file 107 North Kent Street, Second Floor, Suite 200 - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Office of the County Attorney 540/722-8383 Fax 540/667-0370 October 11, 2016 VIA E-MAIL AND REGULAR MAIL Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 Re: Rezoning Application — Express Oil Change & Tire Engineers Proffer Statement dated September 9, 2016 Dear Evan: You have submitted to Frederick County for review the above -referenced proffer statement (the "Proffer Statement") for the proposed rezoning of Tax Parcel Number 64- A-1F (the "Property"), 0.604_1= acres, more or less, in the Shawnee Magisterial District, from the B2 (General Business) District to the B3 (Industrial Transition) District, with 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: • With respect to Proffer B 1, while the accompanying impact analysis statement indicates that Greenway has prepared an exhibit that identifies the proposed location of the right-in/right-out entrance, staff should be aware that neither the materials submitted nor the proposed proffer statement contains such an exhibit. With respect to Proffer B2, staff should be aware that, while the impact analysis statement indicates an agreement exists for interparcel access, the land records do not reflect any such agreement, so as to be binding upon subsequent parties. Also, as with the entrance, neither the materials submitted nor the proposed 107 North Kent Street • Winchester, Virginia 22601 • Mr. Evan Wyatt October 11, 2016 Page 2 proffer statement contains an exhibit identifying the proposed location of the interparcel access. 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. 0Sine PCs , Roderick B. Williams County Attorney cc: Candice Perkins, Assistant Director of Planning & Development (via e-mail) • • • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Stajj Fee Amount Paid $ rJ G b0 , C1 0 Zoning Amendment Number C1 ;Z- 1.r] Date Received I Jo 1 1.1 PC Hearing Date :2 1 S 1 -7 BOS Hearing Date? ►j �1 The following iglbrmation shall be provided by the applicant: All parcel identification numbers, deed book and page 111.1mbers may be obtained from the Office of the Connuissionet- of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering, Inc. Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: Titans Corporation, a VA Corp Address: 1220 Richmond Road, Suite E Williamsburg, VA 23185 3. Contact person if other than above: Name: Evan Wyatt Tclephonc: (540) 662-4185 Tclephonc: (757) 846-6960 Tclephonc: (540) 662-4185 4. Property Information: a. Property Identification Number(s): 64-A-1 F b. Total acreage to be rezoned: 0.604+/- acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parccl(s) is not being rezoned): N/A d. Cun•ent zoning designation(s) and acrcage(s) in each designation: B-2 District 0.604+/- acres e. Proposed zoning designation(s) and acreage(s) in each designation: B-3 District 0.604+/- acres Magisterial District(s): Shawnee District 12 0 5. Checklist: Check the following items_ that have been included with this application. Location ]nap _' ✓ ! Agency Comments Plat _ ✓ Fees _I _ Deed to property _j ✓ i_ Impact Analysis Statement _! ✓ �_ Verification of taxes paid _! _ Proffer Statement _� ✓ i_ Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pelf's) of all submitted documents, maps and exhibits 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Titans Corporation, a Virginia Corporation - Demetrios Florakis Day Pop, Inc. - Charles Thompson %. Adjoining Property: PARCEL ID NUMBER USE ZONING Please refer to attached Adjoining Property Owner Map and Adjoining Property Table 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): Tax Map 64-A-1 F is located on the west side of Front Royal Pike (US Route 522 South) and immediately south of the IHOP Restaurant; approximately 1,000' south of the Interstate 81 Exit 313 Interchange. 13 9 0 0 • 9. The following information should be provided according to the type of rezoning proposed: Single Family homes: N/A Non -Residential Lots: N/A Office: Retail: Restaurant: Commercial: 10. Signature: Number of Units Proposed Townhome: NIA Multi -Family: N/A Mobile Home: N/A Hotel Rooms: N/A Sauare Footaee of Proposed Uses Service Station: Manufacturing: Warehouse: Other: < 5,000 sq.ft. 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): FDate: 925 I ( p Date: f-, Owners O Jam. Date: 1 10 J) Date: 14 0 0 EXPRESS OIL CHANGE and TIRE ENGINEERS Tax Map Number Owner Mailing Address City & State ZIP jAcreage 64 8 1 PRICE COMPANY THE, DBA:COSTCO WHOLESALE TAX DPT 239 999 LAKE DR ISSAQUAH, WA 98027 13.00 64 A 1E CRACKER BARREL OLD COUNTRY STORE, ATTN: PROPERTY MGT PO BOX 787 LEBANON, TN 37088 4.01 64 A 1F TITANS CORPORATION 1220 RICHMOND RD WILLIAMSBURG, VA 23185 0.60 64 A 1G CRACKER BARREL OLD COUNTRY STORE, ATTN: PROPERTY MGT PO BOX 787 LEBANON, TN 37088 0.47 64 A 2 6851 LENNOX LLC 6345 BALBOA BLVD STE 310 ENCINO, CA 91316 0.96 64 A 3 BEALL HOUSE LC, C/0 HENKEL-HARRIS CO PO BOX 2170 WINCHESTER, VA 22604 0.92 64 A 4A DELCO DEVELOPMENT COMPANY OF, C/O THE ROSEN GROUP 40 EA57 69TH ST NEW YORK, NY 100211 16.94 64 A 4D ITHE MARATHON BANK, C/O UNITED BANK ATTN ANGIE BOARD 1514 MARKET ST 1PARKERSBURG, WV 261011 1.00 ADJOINING PROPERTIES LISTING REZONING (PROJECT 3484E) SOURCE: FREDERICK COUNTY GIS, 2016 DATA 0 0 coG Special Limited Power of Attorney 04 ti County of Frederick, Virginia Frederick Planning Website: wwwAva.us nH DepartIilent of Planning & Development, Comity of Frederick, VirgiIlia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (N8111C) Titans Corporation (Phone) (Address) 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 l:rederick, Virginia, by Ii1Stl•Llmellt No. DB 976 on Page 1370 , and is described as Parcel: fi4 Lot: A Block: 1F Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as Illy true alld lawful attorney -ill -fact for and in Illy (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for Illy (our) above described Property, illcllldlllg: _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 aillendments to pl'CVIOLISly approved proffered conditions except as follows: This authorization shall expire One year front the clay it is Signed, Or until it is otherwise rescinded or modified. Ill witness thereof, I (we) have hereto set my (our) hand and seal this � day of 20_L', Signature(s) State of Virginia, City/County of ' o' 0U , To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing 111St►•LiIIICilt personally appeared before me and has acknowledged the same before nle in the jurisdiction aforesaid this _]D clay of -c G, 20_a. My Commission Expires: 3 I- 19 otary Public REBECCA HILSTROM NOTARY PURI is nrn 41 TH nr: %mm. MY COMMISSION EXPIRES JULY 31, 2018 r REZONING APPLICATION NORM FREDERICK COUNTY, VIRGINIA j To be completed by Planning Staff.• Zoning Amendment Number PC Hearing Date Fee Amount Paid Date Received _ BOS Hearing Date_ The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering, Inc. Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property, Owner (if different than above): Name: Titans Corporation, a VA Corp. Telephone: (757) 846-6960 Address: 1220 Richmond Road, Suite E Williamsburg, VA 23185 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540) 662-4185 4. Property Information: a. Property Identification Nuniber(s): 64-A-1 F b. Total acreage to be rezoned: 0.604+/- acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcels) is not being rezoned): N/A d. Current zoning designation(s) and acreage(s) in each designation: B-2 District 0.604+/- acres e f Propose([ zoning designation(s) and acreage(s) in each designation: B-3 District 0.604+/- acres Magisterial District(s): Shawnee District 12 • 5. Checklist: Check the following items that have been included with this application. Location Inap _ ✓ _ AgeIlcy 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 _ 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: Titans Corporation, a Virginia Corporation - Demetrios Florakis Day Pop, Inc. - Charles Thompson 7. Adjoining Property: PARCEL ID NUMBER USE ZONING Please refer to attached Adjoining Property Owner Map and Adjoining Property Table 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): Tax Map 64-A-1F Is located on the west side of Front Royal Pike (US Route 522 South) and immediately south of the ]HOP Restaurant; approximately 1,000' south of the Interstate 81 Exit 313 Interchange. 13 ,y • C1 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: NSA Townhome: NSA Multi -Family: N/A Non -Residential Lots: NSA Mobile Home: NSA Hotel Rooms: N/A Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial: Other: < 5,000 sq.ft. 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: 9 25 I (p Date: P Owners : , �Date: 14 Date: Mq C } K opo p� ��Q i �A3 w� 17 l.� i 64 A tE / 64 A 1G 64 A 2 d Q W U) to 64 A 1F Z x W Q W � 2 W 64 A 4A J Z Z d 64 A 2 2 O Z O O W N 64 A 40 W X w Z O+py a ~ otS z w O F� Q Q� O+ � �Q w m Z a F z i (nZ N Legend L euen w w O uj tY r! J TM 64-A-1 F E( f .'o as i a w Ad)oining Property a O O v~_i 7 g Parcel Boundary L763 < w w OQ U Z U 0 Winchester City Limits / J z w F O O z wp ry V1 Q Q W Feet LU Q N LL e ' 0. 200 0 200 w w o � Mp DAM Swrw F.-Errnyk Cwmy. Vft C4S Dprrmwl 2016 D.M. Wrmwr Enw-v • 0 EXPRESS OIL CHANGE and TIRE ENGINEERS Tax Map Number Owner Mailing Address City & State ZIP Acreage 64 8 1 PRICE COMPANYTHE, DBA:COSTCO WHOLESALE TAX DPT 239 999 LAKE DR ISSAQUAH, WA 98027 13.00 64 A 1E CRACKER BARREL OLD COUNTRY STORE, ATTN: PROPERTY MGT PO BOX 787 LEBANON, TN 37088 4.01 64 A 1F TITANS CORPORATION 1220 RICHMOND RD WILLIAMSBURG, VA 23185 0.60 64 A 1G CRACKER BARREL OLD COUNTRY STORE, ATTN: PROPERTY MGT PO BOX 787 LEBANON, TN 37088 0.47 64 A 2 6851 LENNOX LLC 6345 BALBOA BLVD STE 310 ENCINO, CA 91316 0.96 64 A 3 BEALL HOUSE LC, C/O HENKEL-HARRIS CO PO BOX 2170 WINCHESTER, VA 22604 0.92 64 A 4A DELCO DEVELOPMENT COMPANY OF, C/O THE ROSEN GROUP 40 EAST 69TH ST NEW YORK, NY 10021 16.94 64 A 4D ITHE MARATHON BANK, C/O UNITED BANK ATTN ANGIE BOARD 1514 MARKET ST IPARKERSBURG,WV 1 2610 .1 1.00 ADJOINING PROPERTIES LISTING REZONING (PROJECT 3484E) SOURCE: FREDERICK COUNTY GIS, 2016 DATA Special Limited Power of Attorney Q County of Frederick, Virginia �. Frederick Planning Website: www.feva.us nH 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) Titans Corporation (Phone) (Address) 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. DB 976 on Page 1370 , and is described as Parcel: 64 Lot: A Block: 1F Section: Subdivision: do hereby make, constitute and appoint: (Nalne) Greenway Engineering, Inc. (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful authority I (we) would have Property, including: (Phone) (540) 662-4185 attorney -in -fact for and in my (our) name, place and stead with full power and f 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, I (we) have hereto set my (our) hand and seal this �� day of _ , 20 1 Signatures) (/•/; State of Virginia, City/County of Cni 0,i To -wit: I, ��(;��lv a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this _L day of ja�G, 20J_�. A& My Commission Expires: 31- 18 otary Public REBECCA HILSTROM NOTARY PURI Ir Dr:, LTH nr: V�oni. �.. MY COMMISSION EXPIRES .II II v o, .., _ iu, LL +aLS_ lls_ m DAYPOP INC EXPRESS OIL CHANGE 1012 11101 Doug Baker Blvd Ste 107-135 61-398/622 Shoal Creek, AL 352424974 DATE s__1 PAY TO TE ORDER OF - V 0 S1�6k,4 BRANGI I BANKING AND ]RUS1 GOHPANY 1-500-BANKSErT BBT.com Ilan 314011 FOR----.. 11,0000 10 1 2um Ii:06 2 20 19841:0000 1 2690 38 7 111' C) AMENDMENT ` ) Action: PLANNING COMMISSION: February 15, 2017 - Recommended Approval BOARD OF SUPERVISORS: March 8, 2017 - n APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-17 EXPRESS OIL CHANGE & TIRE ENGINEERS WHEREAS, Rezoning 402-17 of Express Oil Change & Tire Engineers, submitted by Greenway Engineering, Inc., to rezone 0.604 acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers, with a final revision date of September 9, 2016 was considered. This rezoning is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. The site is located on the west side of Front Royal Pike (Route 522 South) and immediately south of the IHOP Restaurant, approximately 1,000 feet south of Interstate 81, Exit 313 in the Shawnee District and is identified by Property Identification No. 64-A-1F; and WHEREAS, the Planning Commission held a public hearing on this rezoning on February 15, 2017 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 8, 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 Count), Code, Zoning, is amended to revise the Zoning District Map to rezone 0.604 acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers with a final revision date of September 9, 2016. The conditions voluntarily proffered in writing by the Applicant and the Property Owner is attached. PDRes 406-17 0 • -2- G This ordinance shall be in effect on the date of adoption. c� Passed this 8th day of March, 2017 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye Bill M. Ewing Aye Robert W. Wells Aye Gene E. Fisher Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST renda G. Garton Frederick County Administrator v>'KUJN1A: F1v. DERICK COUNTY.S(-"I, This instrument of writing was produced to me on at and with certificate acknowledgement thereto annexes, was admitted to record. Tax imposed by Sec. 58.1-802 of sa�&4nd 58.1-801 have been paid, if assessable 4e-.4 lqa, Clerk PDRes #06-17 BOS Res. #061-17 0 Greenway Engineering September 9, 2016 Express Oil Change & Tire Engineers Rezoning EXPRESS OIL CHANGE & TIRE ENGINEERS REZONING PROFFER STATEMENT REZONING: RZ # B-2 Business General District to B3, Industrial Transition District with proffers PROPERTY: 0.604± acres Tax Map Parcel 64-A-IF (here -in after the "Property") RECORD OWNER: Titans Corporation (here -in alter the "Owner") APPLICANT: Day Pop. Inc. (here -in after the "Applicant") PROJECT NAME: Express Oil Change & Tire Engineers ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters September 9, 2016 :C Pursuant to Section 15.2-2296 Et. Seq, of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional Zoning, the undersigned Owner hereby proffers that In the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #_ for the rezoning of a 0.604±-acre Property from the B-2, Business General District to establish 0.604±-acres of B-3, Industrial Transition District with proffers, development of the subject Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Owner and their legal successors, heirs, or assigns. The Property, more particularly described as the land owned by Titans Corporation, a Virginia Corporation, being all of Tax Map Parcel 64-A-IF, as evident by Deed recorded as Deed Book 976 Page 1370, and further described by Boundary Line Adjustment and Vacation Plat prepared by Gary A. Judd, Land Surveyor, dated April 11, 2001 recorded as Instrument No. 0100051 18 (see attached Survey Plat). Project #3484E : 0 0 Greenway Engineering September 9, 2016 Express Oil Change & Tire Engineers Rezoning A.) Land Use Restrictions c: 1. The Owner hereby proffers to prohibit the following land uses on the Property to c be rezoned to the B3, Industrial Transition District: ➢ Landscape and Horticultural Services SIC 078 ➢ Local and Suburban Transit Services SIC 41 Motor Freight Transportation & Warehousing SIC 42 Transportation by Air SIC 45 Utility Facilities & Their Accessory Uses SIC 49 ➢ Drive -In Motion Picture Theaters SIC 7833 ➢ Tractor Truck & Tractor Truck Trailer Parking NO SIC B.) Access Management The Owner hereby proffers to limit new commercial entrance access to the Property to a right-in/right-out only partial access entrance. The final location of the right-in/right-out only partial access entrance will be determined during the Site Development Plan through the Virginia Department of Transportation Access Management Exception process. 2. The Owner hereby proffers to construct inter -parcel connectivity between the Property and Tax Map Parcel 64-A-2 to facilitate access to the Front Royal Pike (US Route 522)/Travel Lodge Drive signalized intersection. The Owner will identify the location of the reciprocal ingress/egress easement between Tax Map Parcel 64-A-2 and the right-in/right-out only partial access entrance as information on the Site Development Plan for the Property. C.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. OWNER SIGNATURE ON FOLLOWING PAGE Project #3484E 11. 0 0 Greenway Engineering September 9, 2016 Express Oil Change & Tire Engineers Rezoning Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Titans Corporation, a Virginia Corporation W. Authorized Agent Commonwealth of Virginia, City/County of To Wit: (1), )--7 Date The foregoing instrument was acknowledged before me this &day of TGrnj"- , 201 Z by -P M Ar bt 2 � � pA k 15 My Commission Expires 3A, 3,' AV V Notary Public RE13ECCA HILSTROM NOTARY PUBLIC REG # 7037918 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31, 2018 C� 0 c0 .p' Project #3484E 6 PROFFER STATEMENT EXPRESS OIL CHANGE & TIRE ENGINEERS Shawnee Magisterial District Frederick County, Virginia TM 64-A-IF September 9, 2016 Current Owner: Titans Corporation Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 (540) 6624185 ewyatt@greenwayeng.com r : 151 Windy Hill Lane GREENWAV Winchester, VA 22602 ENGINEERING January 20, 2017 Frederick County Planning Department Attn: Candice Perkins, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Deed of Easement Agreement Deal- Candice: The purpose of this letter is to confirm that a Memorandum of Understanding (MOU) has been prepared and signed by all applicable parties pertaining to the inter -parcel access agreement between Tax Map Parcel 64-A-IF and Tax Map Parcel 64-A-2. Please note that the attached MOU has been signed by Titans, Inc., Lennox, LLC (property owners) and CFRA, Inc. (IHOP Tenant) on January 19, 2017 for the intended purpose of accommodating the rezoning application process, while the final agreement is being reviewed for approval by all parties. It is understood and agreed that the attached MOU has been permitted to serve as confirmation that this inter -parcel access agreement is in process for the purpose of submitting the rezoning application for consideration by the Planning Commission. However, it is understood and agreed that the recorded instrument for this inter -parcel access agreement will be required to be provided to your department prior to consideration of the rezoning application by the Board of Supervisors. Please advise me if you have any questions regarding the information In this letter and thank you for your willingness to allow us to proceed with the rezoning application filing while this agreement is being finalized. Sincerely, Evan w att Director of Land Planning g Greenway Engineering, Inc. Cc: Titans, Inc. Daypop, Inc. Engineers Surveyors Planners Environmental Scientists Laboratory Telephone 5,10-662-4185 Fax 540-722-9528 www.greenwayeng.com Project #3484E/EAW MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding, entered into by the below named parties, signifies that said parties are negotiating certain vehicle inter -parcel access agreement or agreements between the parties respecting their adjoining parcels. Subject to, and wholly contingent upon the partiesreaching an agreement as to whether to enter into any such agreement or agreements and the form and substance of thereof, the parties intend to enter into written agreements that will be filed of record in the County of Frederick.. This Memorandum of Understanding is entered into solely to accommodate the rezoning application pending before the Shawmee Magisterial District, Frederick County, Virginia, File No. TM 64-A-1 F and in no way should be construed to obligate the parties to enter into any agreement or agreements, to continue any negotiations with respect to any such agreement or agreements or to grant any easements or access agreements whatsoever with respect to the real properties that they own. f �I-- - Date ��___ ^ Ti'.ru�s• i^.c. UN51 Lanrtz, I -LC G&�' '� -- PROFFER STATEMENT EXPRESS OIL CHANGE & TIRE ENGINEERS Shawnee Magisterial District Frederick County, Virginia TM 64-A-1F September 9, 2016 Current Owner: Titans Corporation Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 (540) 6624185 ewyatt@greenwayeng.com Greenway Engineering September 9, 2016 Express Oil Change & Tire Engineers Rezoning EXPRESS OIL CHANGE & TIRE ENGINEERS REZONING PROFFER STATEMENT REZONING: RZ # B-2 Business General District to B3, Industrial Transition District with proffers PROPERTY: 0.604± acres Tax Map Parcel 64-A-1 F (here -in after the "Property") RECORD OWNER: Titans Corporation (here -in after the "Owner") APPLICANT: Day Pop. Inc. (here -in after the "Applicant") PROJECT NAME: Express Oil Change & Tire Engineers ORIGINAL DATE OF PROFFERS: September 9, 2016 REVISION DATE: TBD Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950,.as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 0.604±-acre Property from the B-2, Business General District to establish 0.604±-acres of B-3, Industrial Transition District with proffers, development of the subject Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Owner and their legal successors, heirs, or assigns. The Property, more particularly described as the land owned by Titans Corporation, a Virginia Corporation, being all of Tax Map Parcel 64-A-IF, as evident by Deed recorded as Deed Book 976 Page 1370, and further described by Boundary Line Adjustment and Vacation Plat prepared by Gary A. Judd, Land Surveyor, dated April 11, 2001 recorded as Instrument No. 0100051 1 S (see attached Survey Plat). Project #3484E 2 9 • Greenway Engineering September 9, 2016 Express Oil Change & Tire Engineers Rezoning A.) Land Use Restrictions 1. The Owner hereby proffers to prohibit the following land uses on the Property to be rezoned to the B3, Industrial Transition District: �> Landscape and Horticultural Services SIC 078 Local and Suburban Transit Services SIC 41 Motor Freight Transportation & Warehousing SIC 42 Transportation by Air SIC 45 Utility Facilities & Their Accessory Uses SIC 49 ➢ Drive -In Motion Picture Theaters SIC 7833 7 Tractor Truck & Tractor Truck Trailer Parking NO SIC B.) Access Management The Owner hereby proffers to limit new commercial entrance access to the Property to a right-in/right-out only partial access entrance. The final location of the right-in/right-out only partial access entrance will be deteImined during the Site Development Plan through the Virginia Department of Transportation Access Management Exception process. 2. The Owner hereby proffers to Construct inter -parcel connectivity between the Property and Tax Map Parcel 64-A-2 to facilitate access to the Front Royal Pike (US Route 522)/Travel Lodge Drive signalized intersection. The Owner will identify the location of the reciprocal ingress/egress easement between Tax Map Parcel 64-A-2 and the right-in/right-out only partial access entrance as information on the Site Development Plan for the Property. C.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a ]monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. OWNER SIGNATURE ON FOLLOWING PAGE Project #3434E 3 Greenway Engineering September 9, 2016 Express Oil Change & Tire Engineers Rezoning Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Titans Corporation, a Virginia Corporation �j Authorized Agent Commonwealth of Virginia, City/County of ( C To Wit: (11, >7 Date The foregoing instrument was acknowledged before me this LD clay of TO N )M an I,- IS20 11 by A My Commission Expires ��, Al Notary Public REBECCA HILSTROM NOTARY PUBLIC REG # 7037918 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31, 2018 Project #3484E 4 00W* F;;D%j01971 151 Windy Hill Lane GREENWAY Winchester, VA 22602 ENGINEERING January 20, 2017 Frederick County Planning Department Attn: Candice Perkins, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Deed of Easement Agreement Dear Candice: The purpose Of this letter is to confirm that a MC11101-anClulll of Understanding (MOU) has been prepared and signed by all applicable parties pertaining to the inter -parcel access agreement between Tax Map Parcel 64-A-1F and Tax Map Parcel 64-A-2. Please note that the attached MOU has been signed by Titans, Inc., Lennox, LLC (property owners) and CFRA, Inc. (II-10P Tenant) on January 19, 2017 for the intended purpose of accommodating the rezoning application process, while the final agreement is being reviewed for approval by all parties. It is understood and agreed that the attached MOU has been permitted to serve as confirmation that this inter -parcel access agreement is in process for the purpose of SLIbillltting the rezoning application for consideration by the Planning Commission. However, it is understood and agreed that the recorded instrument for this inter -parcel access agreement Will be required to be provided to your department pl'IOI' t0 consideration Of the rezoning application by the Board of Supervisors. Please advise Ille 1f you have any questions regarding the information in this letter and thank you for yOLII- Wllli11gI1CSS to allow LIS t0 pI'OCCed With the rezoning application filing while this agreement Is being finalized. Sincerely, UU 6C . 1, Evan, V� all Director Of Land Planning y b Greenway Engineering, Inc. Cc: Titans, Inc. Daypop, Inc. Engineers Surveyors Planners Environmental Sciemists Laboratory Telephone 540-662-4185 Fax 540-722-9528 www.greenwayeng.com Project #3484E/EAW 6 44 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding, entered into by the below named parties, signifies that said parties are negotiating certain vehicle inter -parcel access agreement or agreements between the parties respecting their adjoining parcels. Subject to, and wholly contingent upon the partiesreaching an agreement as to whether to enter into any such agreement or agreements and the form and substance of thereof, the parties intend to enter into written agreements that will be filed of record in the County of Frederick.. This Memorandum of Understanding is entered into solely to accommodate the rezoning application pending before the Shawrnee Magisterial District, Frederick County, Virginia, File No. TM 54-A-1 F and in no way should be construed to obligate the parties to enter into any agreement or agreements, to continue any negotiations with respect to any such agreement or agreements or to grant any easements or access agreements whatsoever with respect to the real properties that they own. • Date , 11 i t oW* ENVI%J t,9,, 151 Windy Hill Lane GREENWAY Winchester, VA 22602 ENGINEERING January 20, 2017 Frederick County Planning Department Atln: Candice Perkins, Deputy Director 107 North Kent Street Winchester, VA 22601 RE• Expi-ess Oil Change & Tire Engineers Rezoning — Review Agencies Comment Response Letter Dear Candice: The purpose of this letter is to provide you with a comprehensive comment response letter that addresses the Express Oil Change & The Engincei-s comments received lrom the vai-i0lls i-evleW agencies. The comprehensive comment response letter is structured to provide for the specific review agency, the date the comment was received, and infoi-malion pet -twining to each review comment. This information is untended to explain how specific comments have been addressed by the rezoning application or advise why the specific comment Was 110t 111CILIded in the proffered development program for the commercial redevelopment project. Frederick -Winchester Service Authority — Comment dated October 3, 2016 No Comments. Frederick County Public Works Department — Comment elated October 5, 2016 Provide a copy of the agreement between property owners that provides the ingress -egress easement agreement. COMMENT RESPONSE: A deed of easement has been prepared between the Titans, Inc. property and the Lennox, LLC property that includes intei--parcel connectivity and a shared right-in/right-out entrance onto Front Royal Pike (US Route 522). A Memoi-andum of Undei-standing has been exeCLlled by both parties and by CFRA, Inc (IHOP Tenant) advising that this deed of easement is under review by all parties. Additionally, a letter has been included from Greenway Engineering advising that the deed of easement document will be legally recorded prior to rezoning consideration by the Board o1' Supervisors, which has been deemed to be an acceptable approach by the Planning Department. Engineers Surveyors Planners 1?nvironmcntal Scientists Laboratory Telephone 540-662-4185 Fax 540-722-9528 www.greenwayeng.com Project #3484E/GAW 0 QI Include a copy of the deed of dedication Which highlights the slorm.water management system. that was constructed during the development of the Cracker Barrel site. The capacity of this system will need to be verified during tine site plan design process. COMMENT RESPONSE: A copy Of DB 556 PG 692 identifying deed Of dedication for the 1-eglonal stoi-mwatel- management system has been pi-ovlded. This regional stoi-mwater management system was installed Clul-ing the development Of the CI-ackel- Ban-cl site and the subicet property has existing stormwatel- pipe development on -site that ties into this system. Information pertaliiing to the capacity Of this system will be vet-Ified dLIi-ing the site plan design process. Frederick County Transportation — Comment dated October 5, 2016 A Traffic Impact Analysis ivill not be necessary.for this project. COMMENT RESPONSE: Information that was prepared for consideration of the Traffic Impact Analysis waiver has been provided as part of the review agency comments package. Frederick County Fire Marshal — Comment dated October 6, 2016 Rezoning Approved. Frederick Planning Department — Comment dated October 11, 2016 Proffer B2 should be completed prior to the rezoning being submitted to ensure that the inter - parcel connection is available and to ensure that the limited commercial entrance identified in, the application can be constructed. COMMENT RESPONSE: A deed of easement has been prepared between the Titans, Inc. pI-operty and the Lennox, LLC property that iIiCiLldes inter-pal-Cel connectivity and a shared right-in/right-out entrance onto Front Royal Pike (US Route 522). A Memorandum of Understanding has been executed by both parties and by CFRA, hic (IHOP Tenant) advising that this deed of easement is under review by all parties. Additionally, a letter has been ilICILIded Irom GI-eenway Englneeling advising that the deed of' casement dOCLlment will be legally recorded prior to rezoning consideration by the Board Of Supervisors, which has been deemed to be an acceptable approach by the Planning Department. Frederick County Attorney — Comment dated October 11, 2016 Proffer B2 identifies the existing agreement for inter -parcel access; however, there is no legally recorded agreement Within the County land records, nor does the proffer statement provide an exhibit identifying the location of the inter -parcel access. Project #3484E/EAW 2 J COMMENT RESPONSE: A deed of Casement has been prepared between the Titans, Inc. property and the Lennox, LLC property that includes inter -parcel connectivity and a shared right-inh-fight-out entrance onto Front Royal Pike (US Route 522). A Memorandum of Understanding has been executed by both parties and by CFRA, Inc (IHOP Tenant) advising that this deed of easement is under review by all parties. Additionally, a letter has been InCILIdCd Irom Greenway Engineering advising that the deed of casement doCLU-rent will be legally recorded prior to rezoning consideration by the Board ol' Supervisors, which has been deemed to be an acceptable appi-oach by the Planning Department. City of Winchester Public Utilities — Comment dated October 12, 2016 The City Qf Vnchester can readily provide water anti sanitar>> .sevver to this parcel and has no concerns about the proposed rezoning and development. VDOT — Comment dated November 8, 2016 VDOT is satisfied that the transportation/access management proffers offered in the rezoning application addresses transportation concerns associated with this request. It should be noted that to ensure the right-in/right-out, the entrance design will require a median device to be constructed to prevent a left turn in/out of the proposed entrance. Winchester Regional Airport — Comment dated November 11, 2016 Rezoning is compatible with airport operations. The developer will be required to file FFA documents for airspace study compliance as part of the site plan process. Please advise me it' you have any questions regarding the information in this letter. Greenway Engineering will provide a copy of' all review agency comments identified In this letter as part of.' the rezoning application tiling. Sincerely, I Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. Cc: Titans, Inc. Daypop, Inc. Project #3434E/EAW 3 1r • Rezoning Comments Virginia Department of Transportation Mail t Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location Map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering, Inc. Telephone: (640) 662-4185 Mailing Address: 151 Windy Hut Lane Winchester, VA 22602 Location of property: West side of Front Royal Pike (US Route 522-South) Immediately south of the IHOP Restaurant; approximately 1,000' south of the Interstate 81 Exit 313 Interchange Ggrrent,zoning: ,B� District , , Zoning requested: 133 01slopt, Acreage: 0.604+/- --.._...�_- Virginia Department of Transportation Comments: See attached email from VDOT to Greenway Engineering dated November 8, 2016. VDOT Signature & Date: Q �t►'�'� �'L—J �•8• a 0 Notice to VD T - Please Return Fo to Applicant 20 Evan Wvatt From: Funkhouser, Rhonda (VDOT) <Rhonda.Fun khouser@VDOT.Virginia.gov> on behalf of Ingram, Lloyd (VDOT)<Lloyd.Ingram @VDOT.virginia.gov> Sent: Tuesday, November 08, 2016 8:56 AM To: Evan Wyatt Cc: Smith, Matthew, P.E. (VDOT); 'John Bishop'; Ingram, Lloyd (VDOT) Subject: Express Oil Change & Tire Engineers - VDOT Comments to Rezoning Attachments: Express Oil & Tire Engineers.pdf r DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 The documentation within the application to rezone this property appears to have little measurable impact on Route 522. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation/access management proffers offered in the Express Oil Change & Tire Engineers rezoning application dated September 9, 2016 addresses transportation concerns associated with this request. It should be noted that to ensure the right in/right out, the entrance design will require a median device be constructed to prevent a left turn in/out of the proposed entrance. Before development this office will require a complete set of construction plans detailing designs, drainage features and traffic flow data for review. Lloyd A. Ingram I Land Development Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Warren Counties 1403) 1 Old Valley Pike Edinburg, VA 22821 voice: 540/981-5611 fax: 540/934-5607 e-mail: Lloyd.Ingram@vdot.virginia.gov 0 0 Rezoning Comments City of Winchester Mail to: Winchester City Planning Department Attn: Planning Director 15 North Cameron Street Winchester, Virginia 22601 (540)667-1815 Hand deliver to: Winchester City Planning Department Attn: Planning Director Rouss City Hall 15 North Cameron Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the City of Winchester with their review. Attach a copy of your application form, location map, proffer sfatenierit,,impact analysis;;and ally oth r,pertinent,itifor>nat>on Applicant's Name: Greenway Engineering, Inc. Mailing Address 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Location of property: West side of Front Royal Pike (US Route 522 South) Immediately south of the IHOP Restaurant; approximately 1,000'south of the Interstate 81 Exit 313 Interchange C111'1'Cllt Z011111g: E32 District Zoning requested: B3 District Acreage: 0.604+/- City of Winchester's Comments: The City of Winchester can readily_ provide water and sanitary sewer service to this parcel and has no concerns ab9_ut__tbe_pmpoSed remning-and development. City of Winchester's Signature & Date: C 10112 1,14 Notice to City of Winchester - Please Return This Form to the Applicant 29 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 October 11, 2016 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for Express Oil Change & Tire Property Identification Number (PIN): 64-A-I r Dear Evan: Y"L 'C r_z v OCT 14 2018 GREENWAY ENGINEERING I have had the opportunity to review the draft rezoning application for the Express Oil Change & Tire property. This application seeks to rezone a 0.604 acres from the B2 (General BliSHicss) District to the B3 (Industrial Transition) District with proffers. Staff's review comments are listed below for your consideration. 1. Senseey Eastern Urban Area Plan. The site is within the limits of the Sensney Eastern Urban Area Plan. The plan shows the area where this site is located with a commercial land use designation. The proposed B3 Zoning is generally consistent with the Sensney Eastern Urban Area Plan as it relates to this area. 2. Access Management. Proffer B2 should be completed prior to the rezoning being submitted, if the easement is not attainable allowing interpareel connection, then the property is unusable without a subsequent rezoning. Also, the access easement would be necessary for the limited commercial entrance to be constructed as shown in the application. 3. Transportation Comments. Please note that transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 4. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Sanitation Authority, the local Fire and Rescue Company, and the County Attorney. Page 2 Mr. Evan Wyatt RE: Express Oil Change & Tire October 1 l , 2016 5. Fees. Based on the fees adopted by the Board oi' Supervisors on April 23, 2008, the rezoning fee for this application includes a $5,000.00 base fee plus $100.00 per acre. 6. Special Limited Power of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. All of the above comments and reviewing agency comments shoulcl be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd Evan Wyatt From: John Bishop <jbishop@fcva.us> Sent: Wednesday, October 05, 2016 3:25 PM To: Evan Wyatt Subject: RE: Express Oil Change & Tire Engineers TIA Waiver Request Evan, we will not need to do a TIA for that. John A. Bishop AICP Assistant Director —Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 From: Evan Wyatt [mailto:ewyatt@greenwayeng.com] Sent: Wednesday, October 05, 2016 1:29 PM To: John Bishop Subject: Express Oil Change & Tire Engineers TIA Waiver Request Hi John, I have a meeting today with the clients and don't believe that I have received your approval of the TIA Waiver Request information that I submitted at the end of August. Please let me know where you are with that process as I have recently submitted review agency comments packets. Thanks, Evan Evan A. Wyatt I Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Phone: 540.974.2701 Fax: 540.722.9528 Web: www.GreenwayEng.com Email: ewyatt@greenwayeng.com GREENWAY ENGINEERING Disclaimer: -Ilw, ,mail may conta,n coofuienual and pf vilrf;ed inaton,il it I tiro',oly wx of the mtended rot Any owwv,,, tiv,, disinhutIto or dirt lu mic by i, sto, try pighilwed If you ll,ive it,, Ifw� m Wr W, notify the',ender unmmtlritely by "oitiil ,uul delete tln• u d any file , ent, r ,);II tr.r t o,nuut,�i l hint yo,I 0 00,*4 FND%10F,971 151 Windy Hill Lane GREENWAY Winchester, VA 22602 ENGINEERING August 23, 2016 Frederick County Planning Department Attn: John Bishop, Director of Transportation 107 North Kent Street Winchester, VA 22601 RE: Express Oil Change & Tire Engineers - Traffic Impact Analysis Waiver Request Dear John, Greenway Engineering has been retained by Express Oil Change & Tire Engineers to prepare a Rezoning Application for a 0.60± acre parcel owned by Titans Corporation, identified as Tax Map Parcel 64-A-IF. The subject property is located on the west side of Front Royal Pike (U.S. Rt. 522 South) immediately adjacent to, and south of, the IHOP Restaurant located at 170 Front Royal Pike in the Shawnee Magisterial District. The purpose of this application is to change the zoning of the 0.60± acre subject property from the B-2, Business General District to the B-3, Industrial Transition District to construct an Express Oil Change & Tire Engineers facility that is approximately 4,850 square feet with 3 service bays and 3 oil change bays. The subject property is proposed to be developed with a right-in/right-out commercial entrance on Front Royal Pike that is intended to be shared with the IHOP Restaurant. Greenway Engineering has met with VDOT representatives to discuss the proposed right-in/right-out commercial entrance and has been advised that VDOT does not object to this access point. However, VDOT advised that the property owner will need to prepare and submit an access management exception request as a component of the Site Plan before the right-in/right-out commercial entrance can be approved for construction. Additionally, Titans Corporation has an agreement with Lennox, LLC (IHOP property owner) that provides for an ingress/egress easement across Tax Map Parcel 64-A-2 that will allow for vehicles to access the existing traffic signal at the Front Royal Pike/Travel Lodge Drive intersection to facilitate protected left traffic movement. Greenway Engineering has prepared an exhibit that identifies the proposed location of the right-in/right-out commercial entrance and has included a copy of the Titans Corporation/Lennox, LLC Agreement for Grant of Access as information with this request. In order to assess the potential traffic impacts for the proposed Express Oil Change & Tire Engineers facility, Greenway Engineering has analyzed the Frederick County Zoning Ordinance to determine the highest and best land use within the B-2, Business General District that is not otherwise permitted in the B-3, Industrial Transition District and has determined that General Merchandise Stores (SIC 53) would be the appropriate land use to compare to the proposed Express Oil Change & Tire Engineers facility (SIC 75). Additionally, Greenway Engineering analyzed traffic study data from the Institute of Traffic Engineers (ITE) Manual, 911 Edition Project #3484E Engineers Surveyors Planners Environmental Scientists Laboratory Telephone 540-662-4185 Fax 540-722-9528 %vww.green wayeng.com 0 0 specific to Shopping Center (820) and Quick Lubrication Vehicle Shop (941). The following analysis compares traffic volumes for the Weekday AM and PM Peak Hours, the Saturday Peak Hours, and the Sunday Peak Hours assuming 4,850 square feet of Shopping Center (820) land use and 6 service bays of Quick Lubrication Vehicle Shop (941) land use specific to the ITE traffic study data: B-2, Business General Land Use ITE (820) Weekday AM Peak: Q = 0.96 VPD per 1,000 square feet gross floor area Q = 0.96 VPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 4.65 or 5 VPD ITE (820) Weekday PM Peak: Q = 3.71 VPD per 1,000 square feet gross floor area Q = 3.71 VPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q =17.99 or 18 VPD ITE (820) Saturday Peak: Q = 4.82 VPD per 1,000 square feet gross floor area Q = 4.82 VPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 23.37 or 24 VPD ITE (820) Sunday Peak: Q = 3.12 VPD per 1,000 square feet gross floor area Q = 3.12 VPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 15.13 or 16 VPD B-3, Industrial Transition Land Use ITE (941) Weekday AM Peak: ITE (941) Weekday PM Peak ITE (941) Saturday Peak ITE (941) Sunday Peak: Project #3484E Q = 3.0 VPD per service position Q = 3.0 VPD x 6 service position Q=18VPD Q = 4.0 VPD per service position Q = 4.0 VPD x 6 service position Q=24VPD Q = 7.0 VPD per service position Q = 7.0 VPD x 6 service position Q = 42 VPD Q = 4.5 VPD per service position Q = 4.5 VPD x 6 service position Q = 27 VPD The ITE projected traffic volumes identified above indicate that the proposed Express Oil Change & Tire Engineers facility (941) has the potential to increase traffic volumes during the weekday peak hours between 6-13 VPD and by approximately 11-18 VPD during the weekend peak hours compared to the Shopping Center (820) land use. These calculations demonstrate a fairly low increase in potential traffic volumes during these time frames (approximately 0.75-1.75 VPD every 15 minutes during the weekday peak hours and approximately 1.5-2.25 VPD every 15 minutes during the weekend peak hours). Greenway Engineering is requesting that you allow for the waiver of a Traffic Impact Analysis (TIA) for the proposed rezoning application based on the following: ➢ The proposed Express Oil Change & Tire Engineers facility has the potential to increase traffic volumes during the weekday peak hours by approximately 6-13 VPD, which is not a significant volume. ➢ The proposed Express Oil Change & Tire Engineers facility has the potential to increase traffic volumes during the weekend peak hours by approximately 11-18 VPD, which is not a significant volume. ➢ The proposed Express Oil Change & Tire Engineers facility will be developed with appropriate transportation infrastructure including a proposed shared right-in/right out entrance located on Front Royal Pike, and inter -parcel connectivity to allow access between commercial properties and for protected left turn movements at the signalized intersection at Front Royal Pike/Travel Lodge Drive. Please find attached the an exhibit identifying the potential right-in/right out commercial entrance between the IHOP facility and the subject property proposed for the Express Oil Change & Tire Engineers facility; the agreement for grant of easement for ingress/egress between Titans Corporation and Lennox, LLC; as well as applicable information from the ITE Trip Generation Manual, 91' Edition for the Shopping Center (820) and Quick Lubrication Vehicle Shop (941) land uses. Please review this information and contact me if you have any questions. If not, I would request your determination for waiver of the TIA at your earliest possible convenience. Sincerely, L, �' � Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. Cc: John Davis, Express Oil Change & Tire Engineers Charles Thompson, Esquire Project 113484E INT R- �RCEL� CO N *ION__ ; s�WF KING SETBACK ao � 3a Wz ma .p s O- 30' ' pp, RIGHT- IN/OUT O U ENTRANCE O �F U � wo s- CL �Q U Z x 0 U DATM 3XPT. 1z 2014 JJCAM 1"-50' DESIGNED Dr. JET JOB NO. 3454M JJ= 3 Dr s 0 0 Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstonc Drive Winchester, Virginia 22602 (540)665-6350 Winchester, Virginia Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstonc Drive I Applicant: Please till out the information as accurately as possible in order to assist the Frederick County j Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, !I impact analysis, and any other pertinent information. Applicant's Na111e: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane 1'elephollC: (540)662-4185 Winchester, VA 22602 Location of property: West side of Front Royal Pike (US Route 522 South) immediately south of the IHOP Restaurant; approximately 1,000' south of the Interstate 81 Exit 313 Interchange CUI-I-Cllt /.011lllo: B2 District Zoning re(jllCstCd: B3 District Acreage: 0.604+/- 4:1 Fire Marshal's Comments: Fire Marshal's Signature & Date: - i Notice to Fire Marshal - Please Return This Form to the Applicant 22 RECEIVED SEP 30 2016 Frederick Counot Department of Fire and Rescue Office of the Fire Marshal 1080 Coversrone Drive Winchester, VA 22602 (540) 665-6350 Far: (540) 678-4739 L'ntail: fitto i eva.« s Plan Review & Comments Date Received 9/30/2016 Plan/Permit Type Rezoning Application 09-30-16 Name Express Oil Change & Tire Engineers Address Front Royal PIKE Winchester Project Name Rezoning Application 09-30-16 Applicant Name & Number Greenway Engineering 540-6624185 RE# Permit Number Emergency Vehicle Access: Hydrant Location: Siamese Location: Fire Lanes Required: Plan Approval Status Comments Adequate Inadequate (5 Adequate Inadequate �N//� Adequate Inadequate /A Yes No N/� Approve i Signature: - ��- Reviewed By: Kenneth Scott, Jr. Title: -(C Date Reviewed 10/6/2016 VA 22602 • Rezoning Comments Frederick -Winchester Service Authority Mail to: Hand deliver to: Fred -Wine Service Authority Frcd-Wine Service Authority Attn: Jesse NV. Moffett, Executive Director Attn: Jesse W. Moffett P.O. Box 43 107 North Kent Street Winchester, Virginia 22604 Winchester, Virginia (540) 722-3579 I Applicant: Please till 011t the ill101-Illation as accurately as possible in order to assist the Fred-Winc Service Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Nallle: Greenway Engineering, Inc. Telephone: (540) 662-4185 Mailing Address: 151 Windy Hill Lane \ Winchester, VA 22602 Location of propertV: West side of Front Royal Pike (US Route-: 522 South) immediately south of the IHOP Restaurant; approximately 1,000' south of the Interstate 81 Exit 313 Interchange Ctll'I-Cllt Z011111g: 132 District L011iIlg I'CCIIICstCCI: B3 District _ Acreage: 0.604+/- Fred-W111c Service Authority's Comments: d10 c&Aw kej, Fred-Winc Service Authority's Signature & Date: 10(p Notice to Fred-Winc Service Authority - Please Return Form to Applicant 33 0 0 Cnicanned Rezoning Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road 491 Winchester, Virginia 22602 (540) 662-2422 W Eland deliver to: Winchester Regional Airport Attn: Executive Director Airport Road (Rt. 645, off of Rt. 522 South) inchcstcr, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering, Inc Mailing Address: 151 Windy Hill Lane TC l ep h 011 e : 540-662-4185 Winchester, VA 22602 Location of property: West side of Front Royal Pike (US Route 522 South) immediately south of the IHOP Restaurant; approximately 1,000' south of the Interstate 81 Exit 313 Interchange Cltl'1'Cilt Z011illg: B2 District Z0111I1g I-CCIlICStCd: B3 District Acreage: 0.604+/- Winchester Regional Airport's Comments: Due to FAA Federal regulations owner/developer will be required to file with the FAA for an airspace study as part ot the site plan process for all buildings prior to construction with a separate filing for temporary construction equipment exceeding height of structure. Rezoning is compatible with airport operations. Winchester Regional Airport's Df,Itally signed by Selena M-11-1 Signature &Date: SAP nc� M n e I DN:cn=$ac^ia Manucl,o=Vlinchestcr RcOio nl Airport Authority, _�G111 ,,,.n-nLvrn.,n�rnl6vrnrn�,ict r,nl. r=11C Date: 2016.11.10 13:08.02-05'00' Notice to Winchester Regional Airport - Please Return Form to Applicant 30 rZ:�' 1.,1% )1971 151 Windy Hill Lane GREENWAY Winchester, VA 22602 ENCINEERINC, January 20, 2017 Frederick County Planning Department Attn: Candice Perkins, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Express Oil Change & Tire Engineers Rezoning — Review Agencies Comment Response Letter Dear Candice: The purpose of this letter is to provide you with a comprehensive comment response letter that addresses the Express Oil Change & Tire Engineers comments received from the various review agencies. The comprehensive comment response letter is structured to provide for the specific review agency, the date the comment was received, and information pertaining to each review comment. This inforI7lation is intended to explain how specific comments have been addressed by the rezoning application or advise why the specific comment was not included in the proffered development program for the commercial redevelopment project. Frederick -Winchester Service Authority — Comment dated October 3, 2016 No Comments. Frederick County Public Works Department — Comment dated October 5, 2016 Provide a copy of the agreement between property owners that provides the ingress -egress easement agreement. COMMENT RESPONSE: A deed of easement has been prepared between the Titans, Inc. property and the Lennox, LLC property that includes inter -parcel connectivity and a shared right-in/right-out entrance onto Front Royal Pike (US Route 522). A Memorandum of Understanding has been executed by both parties and by CFRA, Inc (IHOP Tenant) advising that this deed of easement is under review by all parties. Additionally, a letter has been included from Greenway Engineering advising that the deed of easement document will be legally recorded prior to rezoning consideration by the Board of Supervisors, which has been deemed to be an acceptable approach by the Planning Department. Engineers Surveyors Planmers Environmental Scientists Laboratory Telephone 5,10-662-4185 Eax 5,10-722-9528 www.greenwayeng.com Project #3484E/EAW 0 0 Include a copy of the deed of dedication which highlights the storrn.water management system, that was constructed during the development of the Cracker Barrel site. The capacity of this system will need to be verified during the site plan design process. COMMENT RESPONSE: A copy of DB 556 PG 692 identifying deed of dedication for the regional stormwater management system has been provided. This regional stormwater management system was installed during the development of the Cracker Barrel site and the subject property has existing stormwater pipe development on -site that ties into this system. Information pertaining to the capacity of this system will be verified during the site plan design process. Frederick County Transportation — Comment dated October 5, 2016 •:• A Traffic Impact Analysis will not be necessary for this project. COMMENT RESPONSE: Information that was prepared for consideration of the Traffic Impact Analysis waiver has been provided as part of the review agency comments package. Frederick County Fire Marshal — Comment dated October 6, 2016 Rezoning Approved. Frederick Planning Department — Comment dated October 11, 2016 Proffer B2 should be completed prior to the rezoning being subin.itted to ensure that the inter - parcel connection is available and to ensure that the limited commercial entrance identified in. the application can be constructed. COMMENT RESPONSE: A deed of easement has been prepared between the Titans, Inc. property and the Lennox, LLC property that includes inter -parcel connectivity and a shared right-in/right-out entrance onto Front Royal Pike (US Route 522). A Memorandum of Understanding has been executed by both parties and by CFRA, Inc (11JOP Tenant) advising that this deed of easement is under review by all parties. Additionally, a letter has been included from Greenway Engineering advising that the deed of easement document will be legally recorded prior to rezoning consideration by the Board of Supervisors, which has been deemed to be an acceptable approach by the Planning Department. Frederick County Attorney — Comment dated October 11, 2016 Proffer B2 i.dentifies the existing agreement for inter -parcel access; however, there is no legally recorded agreement within the County land records, nor does the proffer statement provide an exhibit identifying the location of the inter -parcel access. Project #3434E/EAW 2 COMMENT RESPONSE: A deed of casement has been prepared between the Titans, Inc. property and the Lennox, LLC property that includes inter -parcel connectivity and a shared right-in/right-out entrance onto Front Royal Pike (US Route 522). A Memorandum of Understanding has been executed by both parties and by CFRA, Inc (IHOP Tenant) advising that this deed of easement is under review by all parties. Additionally, a letter has been included from Greenway Engineering advising that the deed of easement document will be legally recorded prior to i-czoning consideration by the Board of Supervisors, which has been deemed to be an acceptable approach by the Planning Department. City of Winchester Public Utilities — Comment dated October 12, 2016 • The City of Winchester can readily provide water and sanitary sewer to this parcel and has no concerns about the proposed rezoning and development. VDOT — Comment dated November 8, 2016 VDOT is satisfied that the transportation/access management proffers offered inthe rezoning application addresses transportation concerns associated ivith this request. It should be noted that to ensure the right-ui/right-oul, the entrance design will require a median device to be constructed to prevent a left turn in/out of the proposed entrance. Winchester Regional Airport — Comment dated November 11, 2016 Rezoning is compatible with airport operations. The developer will be required to file FEA documents for airspace study compliance as part of the site plan. process. Please advise me if you have any questions regarding the information in this letter. Greenway Engineering will provide a copy of all review agency comments identified in this letter as part of the rezoning application filing. Sincerely, Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. Cc: Titans, Inc. Daypop, Inc. Project #3484FJGAW 3 0 0 Rezoning Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to• Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location mt p, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering, Inc. Mailing Address: 151 Windy HUI Lana Winchester, VA 22602 Telephone: (640) 662-4165 Location of property: West side of Front Royal Pike (US Route 522 South) Immediately south of the IHOP Restaurant: approxlmatoly 1,000' south of the Interstate 61 Exit 313 Interchange Cgrrent zoning: 132 District Zoning requested: B3 Dls(rict, . Acreage: 0.604+/- Virginia Department of Transportation Comments: See attached email from VDOT to Greenway Engineering dated November 8, 2016. VDOT Signature & Date: Notice to VD T - Please Return Fokin to Applicant 20 0 • Evan Wyatt From: Funkhouser, Rhonda (VDOT) <Rhonda.Fun khouser@VDOT. Virginia.gov> on behalf of Ingram, Lloyd (VDOT)<Lloyd.ingram@VDOT.virginia.gov> Sent: Tuesday, November 08, 2016 8:56 AM To: Evan Wyatt Cc: Smith, Matthew, P.E. (VDOT);'John Bishop'; Ingram, Lloyd (VDOT) Subject: Express Oil Change & Tire Engineers - VDOT Comments to Rezoning Attachments: Express Oil & Tire Engineers.pdf r DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 The documentation within the application to rezone this property appears to have little measurable impact on Route 522. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation/access management proffers offered in the Express Oil Change & Tire Engineers rezoning application dated September 9, 2016 addresses transportation concerns associated with this request. It should be noted that to ensure the right in/right out, the entrance design will require a median device be constructed to prevent a left turn in/out of the proposed entrance. Before development this office will require a complete set of construction plans detailing designs, drainage features and traffic flow data for review. Lloyd A. Ingram I Land Development Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & VMrren Counties 14031. Old Malley Pike Edinburg, VA 2282,1 voice: 5d0/9S4-5611 fax: 510/98-1-5607 e-mail: Lloyd.Ingram@vdot.virginia.gov u Rezoning Comments City of Winchester Mail to: Winchester City Planning Department Attn: Planning Director 15 North Cameron Street Winchester, Virginia 22601 (540) 667-1815 Hand deliver to: Winchester City Planning Department Attn: Planning Director Rouss City Hall 15 North Cameron Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the City of Winchester with their review. Attach a copy of your application form, location map, proffer statement,:impzct analysis ,and piny gtlfer,pertinent;inf6rmation. Applicants Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-4185 Winchester, VA 22602 Location of property: West side of Front Royal Pike (US Route 522 South) Immediately south of the IHOP Restaurant; approximately 1,000'south of the Interstate 81 Exit 313 Interchange Current zoning: 62 District Zoning requested: B3 District Acreage: 0.604+/- City of Winchester's Comments: The City of Winchester can readily provide water and sanitary sewer service to this_parrel and has no concerns about the promo d rtizoninn and development. City of Winchester's Signature & Date: C 101121 Notice to City of Winchester - Please Return This Form to the Applicant 29 • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 October 11, 2016 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for Express Oil Change & Tire Property Identification Number (PIN): 64-A-1 IF Dear Evan: d i t GREENWAY ENGINEERING I have had the opportunity to review the draft rezoning application for the Express Oil Change & Tire property. This application seeks to rezone a 0.604 acres from the B2 (General Business) District to the B3 (I11dUstrlal Transition) District with proffers. Staff's review comments are listed below for your consideration. 1. Senseny Eastern Urban Area Plan. The site is within the limits of the Sensney Eastern Urban Area Plan. The plan shows the area where this site is located with a commercial land use designation. The proposed B3 Zoning is generally consistent with the Sensney Eastern Urban Area Plan as it relates to this area. 2. Access Management. Proffer B2 should be completed prior to the rezoning being submitted, if the easement is not attainable allowing interparcel connection, then the property is unusable without a subsequent rezoning. Also, the access easement would be necessary for the limited commercial entrance to be constructed as shown in the application. 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: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Sanitation Authority, the local Fire and Rescue Company, alld the County Attorney. • Page 2 Mr. Evan Wyatt RE: Express Oil Change & Tire October It, 2016 5. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application includes a $5,000.00 base fee plus $100.00 per acre. 6. Special Limited Power of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during 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 fi-ee to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd • Evan Wyatt From: John Bishop <jbishop@fcva.us> Sent: Wednesday, October 05, 2016 3:25 PM To: Evan Wyatt Subject: RE: Express Oil Change & Tire Engineers TIA Waiver Request Evan, we will not need to do a TIA for that. John A. Bishop AICP Assistant Director —Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 From: Evan Wyatt [mailto:ewyatt@greenwayeng.com] Sent: Wednesday, October 05, 2016 1:29 PM To: John Bishop Subject: Express Oil Change & Tire Engineers TIA Waiver Request Hi John, I have a meeting today with the clients and don't believe that I have received your approval of the TIA Waiver Request information that I submitted at the end of August. Please let me know where you are with that process as I have recently submitted review agency comments packets. Thanks, Evan Evan A. Wyatt I Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Phone: 540.974.2701 Fax: 540.722.9528 Web: www.GreenwayEng.com Email: ewyatt@greenwayeng.com ENGINFERING Dr,claimer. r. , , �i,�:,a , r; . ,�... r, ,,( tin �i��, n�l� it ... .iby ,J'".I11(I ,I;I` rilk. 0 • t'vw r?;0%p'97, 151 Windy Hill Lane GREENWAY Winchester, VA 22602 ENGINEERING August 23, 2016 Frederick County Planning Department Attn: John Bishop, Director of Transportation 107 North Kent Street Winchester, VA 22601 RE: Express Oil Change & Tire Engineers - Traffic Impact Analysis Waiver Request Dear John, Greenway Engineering has been retained by Express Oil Change & Tire Engineers to prepare a Rezoning Application for a 0.60t acre parcel owned by Titans Corporation, identified as Tax Map Parcel 64-A-IF. The subject property is located on the west side of Front Royal Pike (U.S. Rt. 522 South) immediately adjacent to, and south of, the IHOP Restaurant located at 170 Front Royal Pike in the Shawnee Magisterial District. The purpose of this application is to change the zoning of the 0.60t acre subject property from the B-2, Business General District to the B-3, Industrial Transition District to constrict an Express Oil Change & Tire Engineers facility that is approximately 4,850 square feet with 3 service bays and 3 oil change bays. The subject property is proposed to be developed with a right-in/right-out commercial entrance on Front Royal Pike that is intended to be shared with the IHOP Restaurant. Greenway Engineering has met with VDOT representatives to discuss the proposed right-in/right-out commercial entrance and has been advised that VDOT does not object to this access point. However, VDOT advised that the property owner will need to prepare and submit an access management exception request as a component of the Site Plan before the right-in/right-out commercial entrance can be approved for construction. Additionally, Titans Corporation has an agreement with Lennox, LLC (IHOP property owner) that provides for an ingress/egress easement across Tax Map Parcel 64-A-2 that will allow for vehicles to access the existing traffic signal at the Front Royal Pike/Travel Lodge Drive intersection to facilitate protected left traffic movement. Greenway Engineering has prepared an exhibit that identifies the proposed location of the right-in/right-out commercial entrance and has included a copy of the Titans Corporation/Lennox, LLC Agreement for Grant of Access as information with this request. In order to assess the potential traffic impacts for the proposed Express Oil Change & Tire Engineers facility, Greenway Engineering has analyzed the Frederick County Zoning Ordinance to determine the highest and best land use within the B-2, Business General District that is not otherwise permitted in the B-3, Industrial Transition District and has determined that General Merchandise Stores (SIC 53) would be the appropriate land use to compare to the proposed Express Oil Change & Tire Engineers facility (SIC 75). Additionally, Greenway Engineering analyzed traffic study data from the Institute of Traffic Engineers (ITE) Manual, 91h Edition Project #3484E Engineers Surveyors Planners Environmental Scientists Laboratory Telephone 540-662-4185 Fax 540-722-9528 www.greenwayeng.com 0 specific to Shopping Center (820) and Quick Lubrication Vehicle Shop (941). The following analysis compares traffic volumes for the Weekday AM and PM Peak Hours, the Saturday Peak Hours, and the Sunday Peak Hours assuming 4,850 square feet of Shopping Center (820) land use and 6 service bays of Quick Lubrication Vehicle Shop (941) land use specific to the ITE traffic study data: B-2, Business General Land Use ITE (820) Weekday AM Peak: Q = 0.96 VPD per 1,000 square feet gross floor area Q = 0.96 VPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 4.65 or 5 VPD ITE (820) Weekday PM Peak: Q = 3.71 VPD per 1,000 square feet gross floor area Q = 3.71 VPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 17.99 or 18 VPD ITE (820) Saturday Peak: Q = 4.82 VPD per 1,000 square feet gross floor area Q = 4.82 VPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 23.37 or 24 VPD ITE (820) Sunday Peak: Q = 3.12 VPD per 1,000 square feet gross floor area Q = 3.12 VPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 15.13 or 16 VPD B-3, Industrial Transition Land Use ITE (941) Weekday AM Peak ITE (941) Weekday PM Peak: ITE (941) Saturday Peak: ITE (941) Sunday Peak Project #3484E Q = 3.0 VPD per service position Q = 3.0 VPD x 6 service position Q = 18 VPD Q = 4.0 VPD per service position Q = 4.0 VPD x 6 service position Q=24VPD Q = 7.0 VPD per service position Q = 7.0 VPD x 6 service position Q = 42 VPD Q = 4.5 VPD per service position Q = 4.5 VPD x 6 service position Q = 27 VPD The ITE projected traffic volumes identified above indicate that the proposed Express Oil Change & Tire Engineers facility (941) has the potential to increase traffic volumes during the weekday peak hours between 6-13 VPD and by approximately I 1-18 VPD during the weekend peak hours compared to the Shopping Center (820) land use. These calculations demonstrate a fairly low increase in potential traffic volumes during these time frames (approximately 0.75-1.75 VPD every 15 minutes during the weekday peak hours and approximately 1.5-2.25 VPD every 15 minutes during the weekend peak hours). Greenway Engineering is requesting that you allow for the waiver of a Traffic Impact Analysis (TIA) for the proposed rezoning application based on the following: ➢ The proposed Express Oil Change & Tire Engineers facility has the potential to increase traffic volumes during the weekday peak hours by approximately 6-13 VPD, which is not a significant volume. ➢ The proposed Express Oil Change & Tire Engineers facility has the potential to increase traffic volumes during the weekend peak hours by approximately 11-18 VPD, which is not a significant volume. ➢ The proposed Express Oil Change & Tire Engineers facility will be developed with appropriate transportation infrastructure including a proposed shared right-in/right out entrance located on Front Royal Pike, and inter -parcel connectivity to allow access between commercial properties and for protected left turn movements at the signalized intersection at Front Royal Pike/Travel Lodge Drive. Please find attached the an exhibit identifying the potential right-in/right out commercial entrance between the IHOP facility and the subject property proposed for the Express Oil Change & Tire Engineers facility; the agreement for grant of easement for ingress/egress between Titans Corporation and Lennox, LLC; as well as applicable information from the ITE Trip Generation Manual, 911 Edition for the Shopping Center (820) and Quick Lubrication Vehicle Shop (941) land uses. Please review this information and contact me if you have any questions. If not, I would request your determination for waiver of the TIA at your earliest possible convenience. Sincerely, Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. Cc: John Davis, Express Oil Change & Tire Engineers Charles Thompson, Esquire Project #3484E INTER- CEL=s CO qN ION Mg^ Mrs i KING SETBACK a� z� w Wz .p s O- 30 pp, RIGHT- IWOUT ♦ U ENTRANCE O t F U !A 5 0 �> YJ♦ �Q IL x z rn 0 U DA= 8VT. M 2014 8CALM 1"-60' DIISNiD Dr. INT 10B NO. 848411 5= 3 or 3 COUNTY of FREDERICK Office of the County Attorney 540/722-8383 Fax 540/667-0370 October 11, 2016 VIA E-MAIL AND REGULAR MAIL Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 Re: Rezoning Application — Express Oil Change & Tire Engineers Proffer Statement dated September 9, 2016 Dear Evan: You have submitted to Frederick County for review the above -referenced proffer statement (the "Proffer Statement") for the proposed rezoning of Tax Parcel Number 64- A-1 F (the "Property"), 0.604-j_ acres, more or less, in the Shawnee Magisterial District, from the B2 (General Business) District to the B3 (Industrial Transition) District, with 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: • With respect to Proffer B1, while the accompanying impact analysis statement indicates that Greenway has prepared an exhibit that identifies the proposed location of the right-in/right-out entrance, staff should be aware that neither the materials submitted nor the proposed proffer statement contains such an exhibit. • With respect to Proffer B2, staff should be aware that, while the impact analysis statement indicates an agreement exists for interparcel access, the land records do not reflect any such agreement, so as to be binding upon subsequent parties. Also, as with the entrance, neither the materials submitted nor the proposed 107 North Kent Street e Winchester, Virginia 22601 • C� Mr. Evan Wyatt October 11, 2016 Page 2 proffer statement contains an exhibit identifying the proposed location of the interparcel access. 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. Sinc rc; , Roderick B. Williams County Attorney cc: Candice Perkins, Assistant Director of Planning & Development (via e-mail) E • COU,,4TY of IPMIED ERI CRC I Department of Public Worlcs 540/665-5643 FAX: 540/678-0632 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 October 5, 2016 RE: Rezoning Application for Proposed Express Oil Change and Tire Engineers Dear Mr. Wyatt: We have completed our review of the rezoning request for the proposed Express Oil and Tire Engineers, to be located on an approximate 0.6 acre parcel immediately south of the IHop Restaurant on Route 522. The application requests a rezoning change front B-2 to 13-3. Based on our review of the application package and a field inspection of the site, we offer the following comments: 1. Refer to Page 5, Transportation: Provide a copy of the agreement between the Titans Corporation and the IHop Restaurant property owner that provides in ingress/egress easement across Tax Map Parcel 64-A-2. 2. Refer to Page 8, Site Drainage: Include a copy of the Deed of Dedication which highlights the storinwater management system that was constructed during the development of the Cracker Barrel site. During the design of the site plan for the proposed development, it will be necessary to verify that the capacity of this system will accommodate the additional run Off frOnl the new site. Also, our site inspection revealed that the existing drop inlet is severely clogged with debris and sediment and needs to be maintained to accommodate runoff from the undeveloped site. I can be reached at 540-722-8214 if you should have any questions regarding the above comments. Sincerely, Harvey E. Strawsnyder, Jr., P.E. Director of Public Works I-IES/kco cc: Planning and Development file 107 North Kent Street, Second Floor, Suite 200 • Winchester, Virginia 22601-5000 0 • Rezoning Comments Frederick County, Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Greenway Engineering, Inc. Mailing Address: 151 windy Hill Lane Telephone: (540) 662-4185 Winchester, VA 22602 Location of property: west side of Front Royal Pike (US Route 522 South) immediately south of the IHOP Restaurant; approximately 1,000' south of the Interstate 81 Exit 313 Interchange Current zoning: 82 District Zoning requested: B3 District Acreage: &604+r- Fire Marshal's Comments: Fire Marshal's Signature &Date /o 6, /b Notice to Fire Marshal - Please Return This Form to the Applicant 22 RECEIVED SEP 3 0 2016 Frederick County Department of'Fire and Rescue Office of the Fire Marshal 1080 Coverslone Drive If'inchesrer, VA 22602 (540) 665-6350 Far: (540) 678-4739 Dttail: fiirotr��,fcva.« s Plan Review & Comments Dale Received 9/30/2016 Plan/Permit Type Rezoning Application 09-30-16 Name Express Oil Change & Tire Engineers Address Front Royal PIKE Winchester Project Name Rezoning Application 09-30-16 Applicant Name & Number Greenway Engineering 540-662-4185 RE# Permit Number Emergency Vehicle Access: Adequate Inadequate (5 Hydrant Location: Adequate Inadequate �N//A Siamese Location: Adequate Inadequate l/A Fire Lanes Required: Yes No N/A) Plan Approval Status Approve Comments Signature: Reviewed By: By: Kenneth Scott, Jr. Title: •--- Date Reviewed 10/6/2016 VA 22602 i Rezoning Comments Frederick -Winchester Service Authority Mail to: Fred -Wine Service Authority Attn: Jesse W. ]Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred -Wine Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please till out the information as accurately as possible in order to assist the Fred -Wine Service Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Greenway Engineering, Inc. Mailing Address 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Location of property: West side of Front Royal Pike (US Route 522 South) immediately south of the IHOP Restaurant; approximately 1,000' south of the Interstate 81 Exit 313 Interchange CUITCilt Zolling: 82 District Zoning rCCIIICSlCC1: B3 District Acreage: 0.604+/- Fred-Whlc Service Authority's Comments: no cowwenkej Fred -Wine Service Authority's Signature &c Date: SWO Notice to Fred -Wine Service Authority - Please Return Form to Applicant 33 0 Rezoning Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road 491 Winchester, Virginia 22602 (540) 662-2422 W Hand deliver to: Winchester Regional Airport Attn: Executive Director Airport Road (Rt. 645, off of Rt. 522 South) inchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering, Inc Mailing Address: 151 Windy Hill Lane Tel epl]one: 540-662-4185 Winchester, VA 22602 Location of property: West side of Front Royal Pike (US Route 522 South) immediately south of the ]HOP Restaurant; approximately 1,000' south of the Interstate 81 Exit 313 Interchange Current zoning: B2 District Zoning requested: B3 District Acreage: 0.604+/- Winchester Regional Airport's Comments: Due to FAA Federal regulations owner/developer will be required to file with the FAA for an airspace study as part of the site plan process tor al i- ings prior to construction with a separate filing for temporary construction equipment exceeding height of structure. Rezoning is compatible with airport operations. Winchester Regional Airport's Digitally signed by Serena Manuel Signature & Date: Serena MC�n uel DN: cn=Serenaa I=okv,o=Winchester Regional AirportAWhority, _�rLpilDoti. email=okvma01te12Lsiticn5L0et c=US Date: 2016.11.10 13:08 02 -ONO' Notice to Winchester Regional Airport - Please Return Form to Applicant 11 30 IMPACT ANALYSIS STATEMENT EXPRESS OIL CHANGE & TIRE ENGINEERS DEVELOPMENT Shawnee Magisterial District Frederick County, Virginia TM 64-A-IF August 15, 2016 Current Owner: Titans Corporation Contact Person: Evan Wyatt, Director of Land Plannim, Greenway Engineering. Inc. 151 Windy Hill bane Winchester, VA 22602 540-662-4185 Greenway Engineering s August 15, 2016 Express Oil & Tire Engineers Rezoning EXPRESS OIL CHANGE & TIRE ENGINEERS DEVELOPMENT INTRODUCTION This report has been prepared 1'or the puI-posC of assessing the impact on Fredrick County by the proffered rezoning of a 0.604±-acre subject property owned by Titans Corporation, and identified as Tax Map Parcel 64-A-IF. The subject property is located on the west side of Front Royal Pike (U.S. Route 522 South) approximately 1,000' south of the Interstate 81 Exit 313 northbouIld on -ramp, and is Clll'rently zoned I3-2, I311S1neSs General District. The Applicant proposes to rezone the 0.604±-acre sub-ject property to 13-3 Industrial Transition District with proffers to allow for the development of an Express Oil Change and Tire Engineers facility that is approximately 4,850 square feet with 3 service bays and 3 oil change bays along the commercial corridor. Basic I111ormatlon Location: Fronting on the west side of Front Royal Pike (U.S. Route 522 South); approximately 1 ,000' South Of. the Interstate 81 Exit 313 northbOUlld on -ramp. Magisterial District: Shawnee District Property ID Numbers: 64-A-1F Current Zoning: I3-2, Business General District Current Use: Undeveloped Proposed Zoning: 13-3, Industrial Transition District Proposed Use: Express Oil Change & Tire Engineers Facility Total Rezoning Area: 0.604±-acres with prol'lers fOr the Subject property COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, ]IldUstrlal and institUtional land Use dCVCIOpl11Cl1t is C11COUraged in the COUllty. Idle 1134S41i Impact Analysis Statement/EAW 2 6reenway Engineering August 15, 2016 Express Oil &'Fire Engincers Rezoning Tile 0.604±-acre subject properly is Currently located within the UDA; therefore, expansion of the UDA boundary to accommodate the proposed development of commercial land use is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends Outside of the UDA to accommodate areas Of Tile COL111ty ill which commercial and industrial land use development is only desired. The 0.604±-acre subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate tile proposed development Of CO11 me1'Clal land use is not reglllt'ed for lh1S rezoning application. CompreheIsiye Plan Conformity The 0.604±-acre subject property is located in the UDA and the SWSA and is within the study area boundary of the Senseny/Eastern Frederick Urban Area Study. The Senseny/Eastern Frederick Urban Area Study is a large -area plait that identifies land uses, transportation networks, and otheI' matters that are recommended for consideration for future land use and development within this geographic area of the County. The 0.604±-acre subject property is identified for 132/133 commercial land use; therefore, the proposed 13-3, Industrial Transition District rezoning is in Conformance with the land use recommendations of the Comprehensive Policy Plan. The 13-3, Industrial Transition District rezoning is proposed to allow for the development of the Express Oil Change and Tire Engineers facility, which has been determined not to be a permitted stand-alone land use within the B-2, Business General District. The Express Oil Change and Tire Engineers facility is an appropIiate commercial land use along a major commercial corridor. SUITABILITY OF THE SITE Access The 0.604±-acre Subject property is located on the west side of Front Royal Pike (U.S. Route 522 South), approximately 250 feet south of the Front Royal Pike/Travel Lodge Drive signalized intersection. Access to the subject property is planned to be provided with a shared right-ill/right-011t C0111111ercial entrance; as well as through all inter -parcel connection with the IHOP property that will provide access to the signalized intersection to facilitate protected left turn movements onto Front Royal Pike. Flood Plains The 0.604±-acre Subject property does not Contain areas of floodplain as demonstrated on FEMA NFIP Map #51069CO2161), Effective Date September 2, 2009; as well as information from the Frederick County GIS Database. Idle t134841? Impact Analysis Statemcnt/FAW 3 • (heenway Engineering August 15, 2016 Express Oil & Tire lingineers Rezoning Wetlands The 0.604±-Acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database. Soil Types The 0.604±-acre subject property contains one soil type as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil type is present on site: 3B Blairton Silt Loams 2-7% slope 3C Blairton Silt Loams 2-15% slope The Blairton Silt Loam soil type is identified as a prime agricultural soil and has severe Wet properties. The existing commercial land uses that have been constructed along the east and west sides of the Front Royal Pike (ROULC 522 SOLItil) commercial corridor contain the same soil type, and the subject property is not conducive for agricultural land use per the Comprehensive Policy Plan. The soil type is conducive for commercial development of the subject property. Other Environmental Features The 0.604±-acre subject property does not contain areas of steep slope, lakes or ponds or natU1'al St01'lllWatC1' 1'Ctellt10ll areas as defined by the Frederick COLlllty Z011lllg Ordinance. There are no known environmental 1eatLll'eS present that create development constraints f01' the proposed commercial development project. SURROUNDING PROPERTIES Adjoining property Zoning and prescnt LISC: North: B-2, Business General District Use: Restaurant (11-1013) South: B-2, Business General District Use: Office East: B-2, Business General District Use: Pool Hall; Retail/Grocery (Delco Plaza & Costco) West: B-2, Business General District Use: Restaurant (Cracker Barrel) Idle t13484F Impact Analysis Statement/EAW Greenway Fngineering August 15. 2016 Fxpress Oil & Tire Engineers Rezoning TRANSPORTATION The 0.604±-acre subject property is located on the west side of Front Royal Pike (U.S. Route 522 South), approximately 250 feet south of the Front Royal Pike/Travel Lodge Drive signalized intersection. Subsequent to final rezoning approval, the contract purchaser proposes to construct an Express Oil Change & Tire Engineers facility that is approximately 4,850 square feet with 3 service bays and 3 oil change bays. Access tO the subject property is proposed to be developed with a right-in/right-out commercial entrance on Front Royal Pike that is intended to be shared with the II-IOP Restaurant; as well as an inter -parcel connection with the IHOP restaurant that will allow for vehicles to access the existing traffic signal at the Front Royal Pike/Travel Lodge Drive intersection to facilitate protected left traffic I11ovement. Greenway Engineering has met with VDOT representatives to discuss the proposed right- in/right-out commercial entrance and has been advised that VDOT does not object to this access point. However, VDOT advised that the property owner will need to prepare and Submit an access managemeIlt exception request as a component of the Site Plan before the right-ill/right-Out commercial entrance can be approved iOI' COuStRICtioll. Additionally, Titans Corporation has all agreement with Lennox, LLC (II-IOP Restaurant property owner) that provides for an ingress/egress casement across Tax Map Parcel 64-A-2 that will allow For vehicles to access the existing trallic Signal at the Front Royal Pike/Travel Lodge Drive intersection to facilitate protected left traffic movement. Greenway Engineering has prepared an exhibit that identifies the proposed location o1' the right-in/right-out commercial entrance and the approximate location 01 the ingress/egress casement thi'011gll the Lennox, LLC property as information with this requeSt. In order to assess the potential traffic impacts for the proposed Express Oil Change & Tire Engineers facility, Greenway Engineering has analyzed the Frederick County Zoning Ordinance to determine the highest and best land use within the 13-2, Business General District that is not otherwise permitted in the 13-3, Industrial Transition District and has determined that General Merchandise Stores (SiC 53) would be the appropriate land use to compare to the proposed Express Oil Change & Tire Engineers facility (SIC 75). Additionally, GreeIway Engineering analyzed tra11ic Study data from the II1StitutC of Traffic Engineers (ITE) Mallual, 9°i Edition specific to Shopping Center (820) and Quick Lubrication Vehicle Shop (941). The following analysis compares traffic Volumes for the Weekday AM and PM Peak Hours, the Saturday Peak Hours, and the Sunday Peak Hours assuming 4,850 square feet of Shopping Center (820) land use and 6 service bays Of Quick Lubrication Vehicle Shop (941) land use specific to the ITE tral'l'ic study data: B-2, Business General Land Use ITE (820) Weekday AM Peak: Q =0.96 VPD per 1,000 square Icet gross Floor area Q = 0.96 VPD x 4.85 (4,850 sq.ft./1,000 sg.ft.) Q=4.65or5VPD File 134841: Impact Analysis StatemenYFAW 5 LJ (ireenway lingineerinc • August 15, 2016 Express Oil & "fire Engineers Rezoning ITE (820) Weekday PM Peak: Q = 3.71 VPD per 1,000 SgUal-e feet gross floor area Q = 3.71 VI'D x 4.85 (4,850 sq.l't./1,000 sq.ft.) Q = 17.99 or 18 VPD ITE (820) Saturday Peak: Q = 4.82 VPD per 1,000 square feet gross floor area Q =4.82 VPD x 4.85 (4,850 sq.l't./1,000 sq.ft.) Q = 23.37 or 24 VPD ITE (820) Sunday Peak: Q = 3.12 VPD per 1,000 square feet gross floor area Q = 3.12 VPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 1.5.13 or 16 VPD B-3, Industrial Transition Land Use ITE (941) Weekday AM Peak ITE (941) Weekday PM Peak ITE (941) Saturday Peak ITE (941) Sunday Peak: Q = 3.0 VPD per service position Q = 3.0 VPD x 6 service position Q=18VPD Q = 4.0 VI'D per service position Q = 4.0 VPD x 6 service position Q=24VPD Q = 7.0 VPD per service position Q = 7.0 VPD x 6 service position Q = 42 VPD Q = 4.5 VPD per service position Q = 4.5 VPD x 6 service position Q = 27 VPD The ITE projected traffic volumes identified above indicate that the proposed Express Oil Change & Tire Engineers facility (941) has the potential to Increase traffic VOILImes dL11'Ing the weekday peak hours between 6-13 VPD and by approximately 1 1-18 VPD during the weekend peak hours compared to the Shopping Center (820) Ind Use. These calCLllatlons demonstrate a fairly low increase in potential traffic VOIL1111CS during these time frames (approximately 0.75-1.75 VPD every 15 I111IlUtCS during the weekday peak boors and approximately 1.5-2.25 VPD every 15 I111I1LltCS during the weekend peak hours). The proposed Express Oil Change & Tire Engineers facility will result in a minor increase in peak hour traffic volume that can be accommodated by the existing transportation infrastructure. The proposed access management plan provides for safe and efficient ingress Pile #3484F Impact Analysis StalemenUFAW 6 0 • (ireenway Engineering August 15, 2010 Express Oil & Tire Engineers Rezoning and egress for the SUb1ect site, which sLlfflCiClltly mitigates impacts t0 the transportatl011 network for this rezoning request. SEWAGE CONVEYANCE AND TREATMENT The 0,604±-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based On County Policy, The City of Winchester is the provider of public sewer service within this area of the County, which is managed by the City of WinChCStCr Public Services Department. The City of Winchester has an existing 8-inch gravity sewer line that adjoins the western boundary of the subject property within a 20-foot casement that is accessible to the property. All commercial land uses on the west side of Front Royal Pike (US IZollte 522 South) Within prOxillllty Of the SUbJect property collVey SCWCr efflLICilt thl-OLlgh the 8-inch gravity sewer line that goes under Interstate 81 to a manhole located on the Apple Blossom Mall parcel, which then gravities t0 the Abram's Creek sewer transmission line that connects to the OpegLl011 Wastewater Treatment Facility. Based on comparable discharge patterns, the City of Winchester PLlbllc Services Department has determined that 75 gallons/day per 1,000 square feet of commercial development is an appropriate calculation for estimating the sewer demand for commercial land uses. Q = 75 gallons/day per 1,000 sgUare feet commercial Q = 75 GPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 363.75 GPD TOTAL: Q = 365 GPD projected sewer demand The OpegLlon Wastewater Treatment Facility has a total capacity Of 12.6 MGD, of which 7.125 MGD is allocated to the City Of Winchester. The City Of' Winchester currently averages approximately 5.0 MGD of' the allocated capacity and has approximately 2.125 MGD of allocated Capacity available for future development projects. The projected 365 GPD for the proposed project represents 0.02% of available treatment capacity; therefore, the proposed rezoning Call be sufficiently accommodated by public sewer service through a system with adCgUate conveyance, Capacity and treatment. WATER SUPPLY The 0.604±-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. The City of' Winchester is the provider of public Water service Within this area of the County, Which is managed by the City of Wil1ChCStel- PUbllc Services Department. Idle i134S41i Impact Analysis Statement/HAW 7 0 0 Greenway Fngineering August 15, 2016 Express Oil & Tire lingineers Rezoning The City Of Winchester has all existing 12-inch Water transmission located on the east side Of Front Royal Pike that provides public water service to the commercial land uses Oil the West side of Front Royal Pike (US Route 522 SOUth). An 8-inch water is looped off of the 12-inch Water transmission lute that adjoins the WCStCI'll bOLllldai'y Of the Subject property within a 20- 1 ,00t easement that is accessible to the property. Additionally, a 6-inch water line has been installed on the Subject property off ol' the 8-inch water line loop. Based on comparable discharge patterns, the City of Winchester Public Services Department has determined that 75 gallons/day per 1,000 square feet of commercial development is an appropriate calCUlatlon for estimating the Water demand for commercial land LISCS. Q = 75 gallons/day per 1,000 Square feet commercial Q = 75 GPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 363.75 GPD TOTAL: Q = 365 GPD projected water demand The City of Winchester obtains potable water from the North Fork of' the Shenandoah River, which is treated at the Percy D. Miller Water Treatment Plant located near Middletown. The Percy D. Miller Water Treatment Plant can treat approximately 10 MGD of potable water daily, which is transmitted to serve all properties in the City of Winchester; as Well as Some properties in Frederick County. The City has sufficient water capacity to serve these properties; as well as sell excess capacity to the Frederick County Sanitation Authority to supplement other water systems in Frederick County. Greenway Engineering met with the City of Winchester PLlb1iC Services Director to discuss the proposed development project and Was advised that the City has adCCJLlate capacity to serve this project and that the existing 8- inch water loop provides adegUale prCSSLlre and fire flow for all commercial land LISCS Within t111S portioll 01 the COLlnty. Therefore, the proposed rezoning can be sufficiently accommodated by public water service lhl-OLlgh a system With adequate conveyance, capacity, pressure, and fire flow. SITE DRAINAGE The topographic relief on the 0.604±-acre subject property generally follows a southwestern pattern, Which directs drainage towards the rear Of the property adJacent t0 the Cracker Barrel site. Greenway Engineering prepared an ALTA Survey for the 0.604±-acre Subject property, which identifies a 20-foot drainage easement on the property that has been improved with a drop inlet and storm sewer line that ties into the overall drainage system constructed during the development of the Cracker Barrel site. This stormwater collection system conveys stormwater to a regional stormwater management faculty that Was COi1StRIcted during the development of the Cracker Barrel Site; therefore, development 01' the Subject property will utilize this regional facility. File #34841i Impact Analysis Statemcm/FLAW 9 0 • (ireenway Engineering August 15, 2016 Express Oil & Tire I?ngineers Rezoning The 0.604±-acre Subject properly is exempt from local stormwater quality treatment I-CgU1rements dUe t0 the size 01 the pal-Cel; t11C1'C101'C, 111C1'C should be not stormwater management quality 111eaSUres t0 mitigate. Greenway Engineering will work with the County Engineer during the Site Development Plan process to identil'y stormwater volumes from the proposed development of' the subject property to ensure that there are no detrimental impacts to the regional stormwater management lacillty and to adjoining properties. The stormwater management plan and erosion and sedimentation Control plan will be designed in conformance with all applicable stale and local 1'Cgl11a6011S; therefore, Site drainage and stormwater management impacts to adjoining properties and the C0111111UIlity will be mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the development of the proposed Express Oil Change & Tire Engineers facility on the 0.604± acre subject property can be projected from an average annual commercial C011SUMpti011 of 5.4 cubic yards per 1,000 square feet 01' structural area (Civil Engineering Reference Manual, 4°i edition). The Applicant proposes to develop an Express Oil Change & Tire Engineers facility that is approximately 4,850 square feet with 3 service bays and 3 oil change bays; therefore, solid waste disposal impacts are based on the following figures that provide the increase in average annual solid waste volume based on the development of this I'acility: AAV = 5.4 Cu. yd. per 1,000 sq. It. commercial AAV = 5.4 cu. yd. x 4.85 (4,850 sg.ft./1,000 sq. ft.) AAV = 26.19 Cu. yd. at build -out, or 18.33 tons/yr. at build -Out The Municipal Solid Waste area Of the Regional Landfill has a current remaining capacity of 13,100,000 CUblc yards Oi air Space. The pl'OlCcted commercial (level of) men t will generate approximately 18.33 tons of' solid waste annually on average. This represents a 0.009% inci-case ill the anIllial solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the commercial development will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping lees associated with this land Use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies the Garber Farm (#34-424) within close proximity of' the 0.604±-acre subject properly. The Garber Farm was inventoried as part of' the overall report; however, the properly was not recommended for inclusion On the list o1' potentially signil'icanl properties in the final report. The Garber Farm has been File 1134841i impact Analysis StalemenUl:AW 9 Greenway Engineering Augur( 15, 2016 Express Oil &.. "fire Engineers Rezoning SUbdivided IlltO 111llltiple properties, which are developed as commercial and residential land uses along Garber Lane (Route 763), and as commercial land uses along Front Royal Pike (US Route 522 South). The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the 0.604±-acre Subject property as being located within the First Winchester Study area boundary, and within close proximity of the First Winchester core battlefield area boundary. The final report identifies all land within the Study area boundary that is located in the Southeastern quadrant of' Interstate 81 Exit 313 as having lost integrity due to the existing commercial and residential land LISC CICVCIOI)IIICllt patterns; as well as the COIISII'LlCti011 Of Interstate 81. The development of commercial land use on the 0.604±-acre Subject property is consistent with other properties in this area of the County. The Senseny/Eastern Frederick Urban Area Study does not identity this area of' the County as historic or as developmentally sensitive area. The proposed rezoning of the property will not create negative impacts associated with historic properties and historic resources. OTHER POTENTIAL IMPACTS The commercial development of the 0.604±-acre subject property will provide new economic development opportunities for Frederick County, which has been determined by the COunty's Development Impact Model t0 be positive in the consideration Oi hscal impacts to County Capital Facilities. It is recognized that the developillent Of commercial land Use has the potential to Increase service demands 011 fire and rescue services; therefore, the Applicant's Proffcr Statement provides a monetary ContribL16011 of $0.10 per developed bllildillg sgUare foot to the County to provide additional rCVCI1LICS that me SpeCiflcillly directed to fire and I'eSCLle services. There are no other identified potential impacts above those d]SCL1SSCd ill this Impact Analysis Statement that would be detrimental to Surrounding properties or to the County from the rezoning and development of the 0.604±-acre Subject property. File 4134841: Impact Analysis SmtemcnYEAW IO 4$, 40 7ll" ZLLI wj Lij z Ui 14 OF %b to 411 UJ U U) z Q� LIj LLJ f M LIJ (D > Cr U z 0 2 L>U 0 Z 0 0 N Cn LIJ LIj ji7. LLJ 12� Cr LLJ 4% o`5 AV' 19 'J )IM z 0 F Z- 9 f ui > Legen .34. Cr w 2 TM 64-A-IF Y ui z g 0 0 0 10 0 '�� ,• ...� ��.''% It: t` _.,�`► / Parcel Boundary z W ( U 0 411 Winchester City Limits 6 U 0 f LU LU w uj Feet Cr w LL 200 0 20() CL x w ... ;- -- F-C- 1, - . 1A-14 WGi Senseny / Eastern Frederick Urban Area Study Land Use Adopted by BOS on June 13, 2012 Amended on September 10, 2014 7 al�,NUti IF: wrF:R SITE LOCATION MAP Wn Dr. surw F— c—t, .ti 1, S U-- 1h U— Ery —,N iv z a i 17' ♦ 4,i< ♦♦ 22 C;VCOO Legend _I TM 64-A-1 F Parcel Boundary Winchester City Limits Frederick County Zoning B2 (Business, General Dtstrist) - B3 (Business, industrial Transition Distr _ HE (Higher Education District) M2 (Industrial, General District) RA (Rural Area District) RP (Residential, Performance Ditil Feet 300 0 30, a w zx Z Qw =w O Q U Z Z U OZ O W N cn W W z W Q � H � X od Z W Z O N '121n.�e/n. �e/n� _ EJUSAI. EAFKY pp b e 5 r�rn. c ? e n� Ilk w \ p / 41 / e e," • J M- r � a� O n 5 e u e%n NOTE: / Parcel 60-A-1F is made both 0t v)e SWSA and the UDA / F� s, 763 IV Lotend r TM 64-A-11' r i -- Parcel Boundary Winchester City Limits e .n IMSewer -Water Service Area (SWSA) 2 ID Urban Development Area (UDA) — Water Line (City) — Sewer Line (City) Water Line (FCSA) Sewer Line (FCSA) Feet 500 O SW i Iw DY Spew F1� CwMr. A G4S DeprYrrM 2016 De, COY d Wi,,i*wYi, D'S Dopr,r 1201e Do14, FCSA WrFr a S— Cp y & FCeA. Avwrry 2016 O—ey &V i— /' 1 •P � Q l ! _ \� tb e � ' b Z� Z LLI �b b LAJ e a W 1Jrn 1 QO Q LLI 0 s Zx Q W O gee m �b a U ? Z s J C7 0 Z 0 En W � W LU 3. e/n Cn 0O W W \ n m Tel / � � F LJ crz z / w o if J IL Q -0z 3 IA o�et Q W F Z O F�Cf' 10 1n U cr N W Q 'r w { wwog ir qlto— w 3 � in $ a a / rM.n��j/�� •�Cp \ W W z W o 7. w / X L }25 797 O J O i 4Q W to Ur to ILL r t7 Z x !15 5o Q W = W i�'o MCCK U Z z w (D Z LL O W O H \100 W W 1 d od Z i/ x O W \� //�// 11b f1 Z ()0p / i W eae d f m TM 54-A-1 F / �� Parcel Boundary q, Winchester City bmitx cww a U Q o Lake or Pond w w H /1� 75 4�0.� Wetland (NWI) ( j O / R r g 700 100 Year Floodplain b ? W Ut�l LL - Z Stream C7 O F�F-- N O < ~ ZtU U 5 Foot Intermediate Contourti s O 25 Foot Index Contoun _� Z Uj WINDY-H1641.N r/O LIJ RE Uj r ql > < w 2 )2s Feet Uj w m r z5 r 0 300 Q +;. [.w Sam 1 .iw.wi l:wnry. N GAS OgFrx. i016 Dr. U S FM � VAN11� Srvs MxIOI�Y WMW�M in•�nkry Mlp �4iwM M po•MY1IYM�A�Ix/D�Y-OO��bE tiMl. G�w+ry E�grw�np ZONE X x I JOINS PANEL 0218 _6 STREET i ZONE X MAP SCALE 1" = 600' 0 250 0 500 1000 ERSIry FEET 6s. OR .. APPLE LJ:.. \ c BLOSSOM OR DF �1'ip - .16rars 4339WO M 7 JVW17 FEATHERBED creek LANE P 68t 656 a ZONE O Q 'MADE MILLER DR 'Fill X cc667 _ 669 !� �� i J•'J-,f' PANEL 02160 � � R Q 689 688 �, �, in FIRM FLOOD INWRANCE RATE MAP i FREDERICK COL NIT), • m N IR(ANIA : 670 0 %,D INCORPORATED AREAS Frederick County 75 �'",a�' °FFORFl"PAWL L a' Abram CreeA FRONTAGE ROAD Unincorporated Areas x 510063 / ZONE X 0 J � ZONE X , .....� .. = MAP NuIeER s�oeoco2�w <� Q EFFECTIVE DATE " SEPfEMBER 2, 2009 igrii•,P I..1rrd 1'�er{..r. N..rt�m..r �lr� 745000 M CITY OF VNNCHESTER / FREDERICK COUNTY 43380DO M 39'0922 5" 78'09'22 5" .. ba<. Rs M ��M1 Dear itie.ntAa� M`aI ryp.b .looC .r•vw• Q� z I A 3Y Z W W_ w O to zcr a w 2w c7 a U z z Q �FD Z i Ow O U) (nw w O w� x x w U > W F m Le end Z TM 64-A-1F i in W o� Parcel Boundary : K Q j Winchester City Limits - a �Sz wz NRCS Soils w o N 5 Q QQ o - 38'BLAIRTON SILT LOAM, 2 TO 7 PERCENT SLOPES = K to i Y O ,1 BLAIRTON SILT LOAM. 7 TO 15 PERCENT SLOPES uj W . � $ W 0 z 0 n to 3 W Feet w I f a R 100 0 100 ww` �i Mw D. s,.,,,. r — Ca,Mr. H as o.o�. Sore ow.. Gmerm r Enrwwwy PO ,'� j afNafNY,g0. f 1 to '. O � y ° %� Third Winchester } / Q / A M � F First Winchester E'�e,�_ �� CEP Lai LU '4 � 1 s [ P . —'R +� h FbP I DEW6ERRv.OR W LUDLO".OR J y 1 *F v-Ci wEEsu UI Q\1t• z o = d � W Q y gas A 0 to O7S7 CErp < s iro Q W W it � N.Oq u A = W 0 w arc 2' A U Z Z D 34-424 Garber,Farrn® Q� �� »e m m r, O Z Z Q to v►"RD \ A ar�N[ A 'ti` U W NN LL (n W A W Q U c. d ns i L rl / W (n = $\ TM 64-A-lF SIP �e / /MINDYYIIL•l-FN cp r Parcel Boundary �f a E�'o'o 7S1 Winchester City Limits / o t Cemeteries y �1 PAP K m i Rural -Landmarks w F' o Z�_, CA Z Q i J qq? A CWCamps w a(n N / o a: Y �/ A CWForts uj w > i mar, c Civil War Battlefields .~s i? w i / T ��fqa First Winchester O O (~/) 07 4 r0 Z N O U V �' tiFp Third Winchester = W U g Y W % Second Kernsl—n _� OF w O rn Z p N N < w Second Kernstown / n[ Feet 800 0 \ 3� u.o D.t. s—« r,.. C-no. V. (NS D piin w i. 2016 D." C--ft Eng—n6 IFrede.ic6County Taxes Paid ahttps://taxes.co.frede1Va.us/applications/TR_payTaxes/PrintYearl... COUNTY OF FREDERICK P.O. BOX 225 WINCHEST1iR. VA 22604-0225 C. WILLIAM ORNIX)IT. JR Real Estate Taxes Paid for Tax Year 2016 Map Number: 64 A IF Name: TITANS CORPORATION Dept# Ticket# Seq# Account# Bill Date Description Tax Paid tE20161 390341 11 8027923 6/5/2016 1.60 ACRE 1 $1,098.30 ZE20161 390.341 21 8027923 12/5/2016 1.60 ACRE 1 $1,098.30 Total Paid: $2,196.60 This amount represents payments applied during calendar year 2016 and does not include Penalty, Interest or Credit Card Fees. Close this Window Print This Page 1 of 1 1/20/2017 10:04 AM • 4 Untitled Page 0 https://taxes.co.frederiCO.us/applications/TR_payTaxes/REDetail.aspx I r.,krirl ILmic Frederick County V1* I-(' i I i �I Lrr rlrTifE ToP Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pry Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Previous 2016 REAL ESTATE DeplllickeW RE2016/ 390310002 I'reyuency 2 Supplement# 0 Name TITANS CORPORATION Mapli 64 A 1F Accountil 8027923 Name 2 Bill Date 12/05/2016 Acreage Address 1220 RICHMOND RD Due Dale 12/05/2016 Improvements WILUAMSBURG VA Desc .60 ACRE I ,Ind Value %ip 23185 2862 Penalty Paid S0.00 Interest Paid $0.00 Current Palmrcnl shl(tis Original (till Payments Principal Balance Due Pelmity S1,098.30 (S1.098.30) S0.00 $0.00 1'ransaction Ilislory Date '1)pe 9'ransaclion# 12/5/2016 Charge (1 12/9/2016 Principal Paid 17090 Previous Land Use Minerals Last Transaction Dale 12/12/2016 Interest Amount $1,09830 ($1,09R30) 0.600 S0.00 $366,100.00 S0.00 S0.00 Balance Due $0.00 S0.00 Balance $1,098.30 $0.00 I of 1 1/20/2017 10:07 AM V� 0100p5118 c APPROVED BY "' Lo SLbdlWston AdrnInD/strator / 14a aDate d 0� ONNERS' CE7i77RCA7E 7ble Boundary Life Ad)jstment and Vacation on the property of 77tans Corporation ow shorn hereon, Is mode with the consent and Av accordance with the undersigned owrrera� prgorietors and trvrtseq !f an a S 4 Mk ns Corporation tJaa r ner., LL Dar A Va. Corp. at NOTARY —PUBLIC 1, 1-8&A d•-7Au;,'5 , a Notary Publk In and far the state of Nrginla at lorA do cert/fy that 6eme4r;As F%caA < l PrPtLJnn•% el T•fans, re7c . , whose names are signed to the fi regohg Owners Csrt/ticotq, have acknowledged the some before me In my state. CJverr under my bond this y-t day of _ ,2001 My commisrkn aV-/ � 4� .0, %V NOTARY —PUBLIC t.•. . 1, E a Notary Publlc h and for the state of lQrgink oF'/Woes, do car -iffy that SleWatl.7,, fAcJ. or.ovW of far. �(�{j�.;71/L� Z,/ t,. , whose name; ore signed to the foregorirg Csrtitkots. have admoWedged the same before me to my slate. Given under my hard ihls 'AA day of aft,2001. SURVEYOR'S CERTIFICATE I hereby csrt/fy that the lard contained In We Boundary Llne Ad,trstmentl%catton /s the some land convoyed to Titans Corporation in Deed Hook 976 Pages 1373-1403 . BOUNDARY LINE ADJUSTMENT and VACATION ON THE PROPERTY OF TITANS CORPORATION A VIRGINIA CORPORATION CITY OF WINCHESTER SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"- 50' DATE: APRIL 11, 2001 • • �'p _`- •n• 4�. �'V 96'0 C�'yA I;sr : FW SON OOK T Y ,�OF �TES*P� � mQ{WA Ip 1 J066 — } kMSpp1atcS PCs �PRpyED BYE._ Date � and PO"d 2 pe sown Tran5Portation ration the lot be ^�P°' Fs9 fine tw°an Va. Dept of Trap the VOO 9 t f line of interstate 1 hereby Opp der novas her os aeacliva. a Otfi the erL. vn• �;3,07ae ,,ater 30L. �aodbridgeSe- u urea a!rie v6' 21k THE PROPERTY DELINEATED ON THIS PLAT IS LOCATED ON ASSESSMENT MAP NO. 64 ((A)) PARCELS 1F AND 2, AND IS NOW IN THE NAME OF TITANS CORPORATION, A VIRGINIA CORPORATION (TAX PARCEL 64(A)2) AS RECORDED IN DEED BOOK 976 AT PAGE 1373 AND (TAX PARCEL 64(A)1F) IN DEED BOOK 976 AT PAGE 1370 AMONG THE LAND RECORDS OF THE CITY OF WINCHESTER, VIRGINIA. 2 A TITLE REPORT WAS FURNISHED BY TOP OF VIRCINIA ABSTRACTORS, INC., FOR STEWART TITLE INTERSTATE PROPERTIES REFERENCE NOS. 0050241 AND 0050242 EFFECTIVE DATE JUNE 5, 2000. THEREFORE. THIS PLAT MAY NOT INDICATE ALL ENCUMBRANCES ON THE PROPERTY FROM .TUNE 5, 2000. 3. THE PROPERTY DELINEATED ON THIS PLAT IS LOCATED IN AN AREA OF MINIMAL FLOOD HAZARD, AS DETERMINED BY REFERENCE TO THE FEDERAL EMERGENCY MANAGEMENT D AGENCY FJ.RAL MAP NO. 510063 0115 B, EFFECTIVE DATE JULY 17, 1978. 4.. THE TOTAL AREA OF THIS SURVEY IS 1.56658 ACRES AND IS ZONED B-2 BY THIS f7AM CURRENT OWNER TAX CORPORATION AREA TABULATION: A VA. CORP. ORIGINAL AREA 26,858 S.F. ,4 TAX PARCEL ZONED: B-2 - 1ZS41 S.F. / � 64 ((A)) 2 USE BUSINESS GENERAL + IZO04 S.F. / / �, +� DISTRICT ADDJUSTED AREA- 26,321 S.F. / ' \+ FORMER PARCEL 2 �� GE ESM'T./ / �� /// /b«P \Gbr TrUM COBPPORITIO CURRENT OWNER AREA TABULATION: \C D.B. 976, PG. 1373 TAX MAP: 64-A-2 ORIGINAL AREA 29,378 S.F. �,/ TITANS CORPORATION + 12,541 S.F. � Y ` d� 0.6744 A ES ..,pp 0.b7443 ACRES A VA. CORP. ADJUSTED AREA= 41,919 S.F. ZONED: B-2 USE: BUSINESS GENERAL DISTRICTS o / / TITANS CORP7�IRATION }3J D.B. 976 PC. 37p �3 Df. 270.' PR1 {ATE \ \ A A\ 0146 SR. E AL 356 P4 Nl2 \ \ �rt \ 0.61657 ACRES \ % TAX PARCEL /EX 2- IH(iREST '{• \\ \CI} q cP��i.l 64 ((A))t/ ) IF %// • 0 K-11"m / / EX. 10' WATER ESN'T. D.B. 556 PG. 692 HVA ENTERPRISES LB.B. 562 P& 410 6AXPARCEL FORMER PARCEL 2 TAM COBPPORAnM--j D.D. 976, PG. 1373 29,37e SO. FT. U7443 ACRES l . t�z� o� oa51R l o O APPROVED BY �n l o M0 Subdivision Adnlrllstra % �/ Date � � 0/ OMND?V t�R71F1CA7F Q� 7hk 9orndory Lhe Adpstment and Vocation on the property of 77tons Corporation / eel 4 as shorn heron, is made with the consent and h occordouae 6ry� with the undersignedowlem proprietor. and trustees' lf� ✓vI / /2, 417,(�t r�larlaao.� sl��n14 r • I', ro C6 -rz n 0 I HARRISON 6 JOHNSTON ATTORNEYS AT LAW WNCHESTEP, VIRGNAA BK976PG 1 370 THIS DEED, made this oV%nd day of4A�, 2000, by and between INTERSTATE PROPERTIES LIMITED PARTNERSHIP. a Virginia Limited Partnership, of the one part, hereinafter called the Grantor, and TITANS CORPORATION, a Virginia Corporation, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ton Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of those two (2) parcels of land lying and being situate in Shawnee Magisterial District of Frederick County, Virginia, described on Exhibit A attached hereto. A reference to the aforesaid deeds and plat and to the references therein contained is here made for a further and more particular description of the land hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signature and seal: INTERSTATE PROPERTIES LIMITED PARTNERSHIP, A Virginia Limited Partnership B .(SEAL) James L` Bowman, Partner OK976PG 1371 STATE OF VIRGINIA, AT LARGE CITY/COUNTY OFd_iL[r.F1 To wit: The foregoing instrument was acknowledged before me this 22V day of , 2000, by James L. Bowman, as General Partner of Interstate Properties Limited Partnership, a Virginia Limited Partnership, on behalf of said Partnership. F x: 1• �� ARRISON 6 JOHNSTON ATTORNEYS AT LAW MUCHESTER. VIRGINIA My commission expires alv 3/1 a 901;z- -2- Notary Public • HARRISON 6 JOHNSTON ATTORNEYS AT LAW WNCHESTEA. VIAGI.YIA ON976PG 1 372 EXHIBIT A Parcel 1: Beginning at an iron rod found in the southwestern most corner of the tract herein described said point being on the westerly variable width right-of-way line of Front Royal Pike - U. S. Route #522 and the easternmost corner of Interstate Properties Limited Partnership; thence departing U. S. Route #i522 and running with Interstate Properties Limited Partnership,N 43 deg. 48" 29"W 200.07 feet to a point, said point being on the easterly property line of Cracker Barrel Old Country Store; thence departing Interstate Properties Limited Partnership, and running with Cracker Barrel Old Country Store, N 46 deg. 11' 38" E 134.24 feet to an iron road set, said point being the northwestern most corner to Alma Garber Biggs and James A. Biggs; thence departing Cracker Barrel Old Country Store and running with Biggs, S 43 deg. 48' 29" E 200.07 feet to a concrete VDH monument found said point being on the aforementioned westerly variable with right-of-way line of U. S. Route #/522; thence departing Biggs and running with U. S. Route #522, S 46 deg. 11' 38W 134.24 feet to the point of beginning and containing 26,858 square feet of land more or less; It being a part of the same property conveyed to INTERSTATE PROPERTIES LIMITED PARTNERSHIP herein by deed dated February 28, 1983 from OLD DOMINION SAVINGS AND LOAN ASSOCIATION duly recorded February 28, 1983 in the Clerk's Office of the Circuit Court of the County of Frederick in Deed Book 556 page 706. Parcel 2: Beginning at an iron rod found in the westerly variable width right of way line of Front Royal Pike U. S. Route H622 and the easternmost corner of Beall House, L.C., a Virginia Limited Liability Company; thence departing U. S. Route #522 and running with Beall House, L.C., N 43 deg 48' 29" W 200.07 feet to iron rod set, said rod being on the easterly property line of Cracker Barrel Old Country Store; thence departing Beall House, L. C., and running with Cracker Barrel Old Country Store, N 46 deg. 11' 38" E 60.00 feet to a said point being the western most corner to Interstate Properties Limited Partnership (D.B. 556 PG. 706); thence departing Cracker Barrel Old Country Store and running with Interstate Properties Limited Partnership, S 43 deg. 48' 29" E 200.07 feet to a point, said point being on the aforementioned westerly variable width right of way line of U. S. Route # 622; thence continuing with Route ##622, S 46 deg. 11' 38" W 60.00 feet to the point of beginning and containing 12,004 square feet of land more or less. It being the same property dedicated to County of Frederick by Interstate Properties Limited Partnership herein by instrument recorded in Deed Book 556, page 692. VIRGINIA: FREDERICK COUNTY, WE This instrument of writing was produced to nie on A�i- -,z5 '2200 at nd with certifiatte of acknowledgement thereto annexe was admitted to record. Tax imposed by Sec. 58.1-802 of S100,00 -,and 58.I.801 have been paid, it amcssabla 4,C4 4440— , Clerk 'L HAAAi50N 4 JOHNSTON ATT➢KNM ATUW WJ .Mp.N - OK976PG 1367 THIS VACATION OF INTEREST AGREEMENT, made this 4 day of 2000, by INTERSTATE PROPERTIES LIMITED PARTNERSHIP, a Virginia Limited Partnership, hereinafter referred to as "Interstate" and THE COUNTY OF FREDERICK, VIRGINIA, hereinafter referred to as "Frederick County". WHEREAS, Interstate has pending before the governing body of Frederick County a site plan, submitted by International House of Pancakes, with regard to Lot 5 on the plat attached hereto and more particularly described on the Plat attached to the Deed of Dedication and Declaration of Plat, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 556, at Page 692 and as modified by Dead of Minor Subdivision, recorded in the aforesaid Clerk's Office in Deed Book 626, at Page 96; and, WHEREAS, pursuant to Section 15.2-2270 of the Code of Virginia, 1950, as amended, Interstate desires that the pending site plan submitted by International House of Pancakes for Lot 5 be approved and as a condition of approval, Interstate agrees to vacate all rights of passago, casements for drainage and easements for public utilities in accord with said Section; and, WHEREAS, Frederick County requires the vacation of the same. NOW THEREFORE, Interstate declares all such interest previously granted, including public rights of passage, easements for drainage and easements for public utilities, vacated with regard to Interstate Avenue as shown on the attached plat. Frederick County, by Its authorized agent, Joins in this Instrument to evidence its consent to the vacation noted heroin and to convoy to Interstate any t- KAAW,ON& JOHMSTON ATTOP <M AT LAW w 0`19TM NAO m OK976PG 1 368 interest it may have in Interstate Avenue. Interstate and Frederick County shell cause this instrument to be recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, which Instrument, upon recordation, shall operate to divest all public rights in Interstate Avenue as above noted and to reinvest title in such interest to Interstate. WITNESS the following signatures and soals: INTERSTATE PROPERTIES LIMITED PARTNERSHIP, a Virginia Limited Partnership By: �kA k- (SEAL) James L. Bowman, General Partner THE COUNTY OF FREDERICK, VIRGINIA STATE OF VIRGINIA, AT LAGE, (/�' �ITY/COUNTY OF 1LLC�+''t�G /1 , To -wit: The foregoing instrument was acknowledged before me this day of 2000, by James L. Bowman, as General Partner of Interstate Properties Limited Partnership, a Virginia Limited Partnership, on behalf of said Partnership. My commission expires 00, ri t Notary Public iT. . Z -2- ', ASONa JOHNSTON ATTDPP Y AT UW wa„ Snpl� BK976PG 1369 STATE OF VIRGINIA, AT LARGE, OF To -wit: The foregoing Instrument was acknowledged before me this V day of -LbO t M by _ as �ptsrf Frederick County, Virginia, on behalf of said County. My commission expires Notary Publ c VIRGINI& FREDERICK COUNTY, SC% This IInsint sent of wTiting v s produced to me on /J nd iivith wrtitiote of uclmowlcdg meni thereto annexed] %mi admitted to record. Tax Imposed by Sec 58.1.802 of $10 , and 58.1.801 have been paid, if wses3ti A 41" 444.-" , Qa1c 3- 0 • T� THIS INSTRUMENT PREPARED BY: ( 7 4 1 Rochelle, McCulloch & Aulds 148 Public Square Lebanon, TN 37087 " nEcmuT("T'7VP COVENANT of �2 trictive Covenant made P�RSTATE this PROPERTIESLI ITED 1 1993, by IN PAR NERS111P. WHEREAS, Interstate Properties Limited Partnership, ("Declarant"), owns fee simple title to that certain parcel of real estate located in the State of Virginia, County of Frederick, City of Winchester, more particularly described as follows, to wit: SEE ATTACHED EXHIBIT A. WHEREAS, Declarant has entered into a Real Estate Sale Agreement dated August 7, 1992, with CRACKER BARREL OLD COUNTRY STORE, INC., a Tennessee corporation, ("Cracker Barrel"), under the terms of which Declarant has agreed to sell and cracker Barrel has agreed to purchase a portion or tract of the Declarant's Property ("Cracker Barrel Property"), more particularly described as follows, to -wit: SEE ATTACHED EXHIBIT B. WHEREAS, as a condition to Cracker Barrel's purchase of the t� Cracker Barrel Property, Declarant has agreed to place a certain restriction against the remainder of the Declarant's property for 1�7 the benefit of the owner of the Cracker Barrel Property; v m WHEREAS, in order to ca:nply with the requirements set forth in K, the contract with Cracker Barrel, Declarant wishes to and by this document intends to have a certain restriction placed upon the Declarant's Property, excluding the Cracker Barrel Property. iJ J NOW, THEREFORE, in consideration of the premises, an en `1 ($10.00) Dollars, and other good and valuable consider ation, Interstate th adequacy and receipt of which is hereby acknowledged, Properties Limited PartnershipDeclarant does hereby publisht declare and impose the following restriction: J 1. For the period set forth in paragraph 2 below, the Declarant's Property, excluding the Cracker Barrel Property, within r a 1,00o foot radius of the center point of the Interstate 81 and Route 17/50 interchange shall not be used for restaurant purposes -�" by any restaurant consisting of 5,000 or more square feet of building area and offering waitress services, (the "Restaurant Restriction"). 2. This Restaurant Restriction shall expire automatically on the twentieth (20th) anniversary of the date of the recordation hereof in the Frederick County Recorder's office (the "Record Date") . 3. The Restaurant Restriction is only for the benefit of Cracker Barrel, its affiliates, and their succesFors and assigns, as owner of Cracker Barrel Property, who shall have the right to invoke and enforce the restriction contained herein by any and all means available at law or in equity. 4. The Restaurant Restriction may be waived or modified by the party having the right to enforce the Restaurant Restriction by proper written instrument recorded in the Frederick county Recorder's Office. SK7911 74 2 5. For the period set forth in paragraph 2 above, this Restrictive Covenant shall Le a covenrty, ant running nudwith the land as Declarant's Prop the Cracker a burden upon the Barrel Property, for the benefit of the Cracker Barrel Property. 6. Central Fidelity Bank and Jefferson National Bank are the existing lienholders of the property described in Exhibit C and execute this document for the sole purpose of agreeing to this Restrictive Covenants. IN WITNESS WHEREOF, the undersigned have Ced this }a i t ment to be signed and sealed as of this !�� day of 1993. INTERSTATE PROPERTIES LIttITED PARTNERSHIP BS it Al CENTRAL FIDELITY BANK By:_ Its: JEFFERSON NATIONAL BANK By; L . w1i its., STATE OF VIRGINIA W0qe- COUNTY OF FREDERICK undersigned a Notary Personally appeared before me, the u..— �-,,rnwrn�c�� PublYd1pon f the state and county aforesaid, ,//+ p andZ' , with whom I an personally acqu?,inted, and oath acknowledged themselves to be the(r�etn/ and nx_ae of INTERSTATE PROPERTIES LIMITED PARTNERSHIP, the withi lamed declarant, a corporation, and that they as such officers being authorized so to do, executed the foregoing name instrument for the purposes therein contained h e m s e 1 v e signior s the s u c h of t e corpora�nign y �PneYLt1 1Y{ Y and Mi r �nl c.L r Witness my hand, at office, this _ F day of 1993. 6jy COMMISSION EXPIRES: /�?- :32—& NO Y P I IC YSvL, ,f ,A,• a o• - r 1C ! 0 aur311,17h,3 STATE OF VIRGINIA COUNTY OF FREDERICK Personally appeared before me, the undersigned, a Notary Public of the state and county whom as and ' I am personally acquainted, and who upon oath acknowledged themselves to be the and of CENTRAL FIDELITY BANK, the wi.tLin named declarant, a corporation, and that they as such officers being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by themselves as such Witness my hand, at office, this day of 1993. NOTARY PUBLIC MY COMMISSION EXPIRES:_ STATE OF VIRGINIA COUNTY OF FREDERICK Personally appeared before me, the undersigned, a Notary Public of the state and county aforesaid, �-q� ` —�' and acquintgd, , with whom I am personal y and who upon oath acknowledged themselves to be the (Xil1Q.(Yl a — of JEFFERSON NATIONAL BANK, the within n med declarant, a corporation, and that they as such officers being authorized so to do, executed the foregoing instrument for the purposes therein contained ► ign ng,the name of the corporation by themselves as suchN m i �CIQI1 ind----- ' '��day Witness my hand, at office, this ��- of 1993. Yf}f ^C,ISSION C ,.l•..,, ,.�n mac, EXPIRES: Id I a AIL 1295 UAL-j -.OQAW-- NOTARY PUBLIC i • g-i��i611tj(} E X H I B I T to PARCEL 1 The said land lies along the South boundary line of U. S- Route 50 near its intersection with U. S. Route 522 in Shawnee District, Frederick county, Virginia and is bounded as follows: Beginning at a point in the South boundary line of U. S. Route 50 and corner to Parcel Two; thence with Parcel Two and then the West line of a street S 32 deg. 37' 54" W - 498.38' to a point; thence with another line of said street S 46 deg. 11' 38" W - 28,98' to a point in the West line of said street and corner to Parcel 4-A; thence with Parcel 4-A N 43 deg. 48' 22" W - 310.79' to a point corner to Parcel 4-A and in the East boundary line of Interstate Route 81; thence with the East boundary line of Interstate Route 81 for the two following courses: N 47 deg. 02' 15" E - 217.38, to a point; thence N 42 deg. 16' 43" E - 237.24' to a point in the East boundary line of Interstate Route 81 and in the South boundary line of U. S. Route 50; thence with the south boundary line of U. S. Route 5o with an arc of a curve to the left 215.32' (Radius-hacres ord deg. 49' 52" F, - 215.2B) to the beginning, containing C PARCEL 2 The said land lies just West of U. S. Route 522 in Shawnee District, Frederick County, Virginia, and is bounded as follows: Beginning at a point corner to Parcel Three and in the West line of a street; thence with the West side of said street S 46 deg. 11' 38" W - 108.00' to a point corner on the West side of said street and corner to the Retained Portion of Parcel Four; thence with Retained Portion N 43 deg. 48' 22" W - 315.71' to a point corner to said Retained Portion and in the East boundary line of Interstate Route 81; thence with the East boundary line of Interstate Route 81 for the two following courses: N 55 deg. 59' 07" E - 21.37' to a point; thence N 47 deg. 02' 15" E 86.95' to a point in the East boundary line of Interstate Route 81 and corner to Parcel Three; thence with Parcel Three S 43 deg. 48' 22" E - 310.79' to the beginning, containing 0.773 acres. PARCEL 3 That certain parcel of land designated Parcel 5 on that certain plat recorded in Deed Book 556, at Page 702 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, said land fronting on U. S. Route 522 for a distance of 194.24 feet (60 feet plus 134.24 feet) and extending in a northwesterly direction between parallel lines for a distance of 200 feet. alc7Jit�=171J x ro e lEt .i ♦' 1 .� �, {— � � cry i i4t ! .;`' : ', �z _ tµ� • � 'J•/ 1 •y `, �'-car ! „ / _ t ,{rr � �./'� ' Ip � r � •"� r . ' / �'ih jllTEllt � N 't C' VPI 11� I r' U 4 )56 m. rii ✓r VICINITY h1AP $URVEYORS' CERTIFICATE To Cracker Barrel Old Country Store, Inc. and Chicago Title Insurance Company: This Is to certify that this piat and the survey on which It Is based worn made In accordance with 'Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys" jointly established and adopted by ALTA and ACSM in 1988; meets the accuracy requirements of a Class A Survey, as described therein; and Includes Items 1,2,3,4,5,7, and 9 of Table 3 thereof. I further certify that the information shown on this plat has been compiled from a survey actually made on the ground under my supervision and that to ilia best of my knowledge and belief Is correct and compiles with the roquirements of Cr ka Bar el. Scot W. Marsh, land Surveyor Va. Reg. #1843 Gilbert W. Clifford & Associates, Inc, 200 N. Cameron Street Winchester, Virginia 22601 �C� rr �rro QF REC� t?T A.FF;0=T1Nn PROPERTY Northern Virginia Power Company DB 163 -• Pg 110 Northern Virginia Power Company DB 213 - Pg 267 The Potomac Edison Company DB 776 •- Pg 991 The Potomac Edison Company DB 400 - Pg 349 The Potomac Edison Company DB 558 - Pg 819 Tho Potomac Edison Company DB 424 -• Pg 750 C&P Telephone Company DB 279 •- Pg 672 Alma G. Biggs Agreemont DB 506 - Pg 148 BOUNDARY PLAT of TWO PARCELS alanding In the namo of � ,Tg Qp INTERSTATE PROPERTIES LIMITED PARTNERSHIP ►� p� P Deed Book 558- Page 706 Shawnee Maglsterlal District ' o Q S. W. MARSH Frederkk County, Vlrrvinlo � No.1843 22 September 1992 le sUE jC) Silbert W. cllffo Associates, inc. Surreyan rr.+•u++i. nW+ 11rn MI) irtaru rLir.w, vhw i191 frail 1n411I �, Shoot 1 of 4 ex751 NOTES: 1. Title Report furnished by Chicago Title Insurance Company (Policy No. 92030809 effective data 27 August 1992 at 9:00 A.M.); therefore, any encumbrances Incurred elrtce that date may not be shown. 2. The property shown on this plat does not He within a H.U.D. 100 year flood zone, %�;GEND IRF Iron Rod Found IPF Iron Plpe Found IRS Iron Rod Set Op S. W. MARSH No. 1843 e • 00116.14' N/F Redlus 6823.68 (3ufhrk Arc .24.93' DB 626 - P 307 Chord t . 24.93' 9 Chord .24.D9' on. IJ65'57,76 Ch. Bearing . N4614VIVE /A.� Ex. 40' Sp111way r Nrl6's7'6g"yr ?90,7p, IRS psrA RCU, 81\ • cern'I t �. d�.661 \ N66`16'OD „� I EX. 20, Drainage 1Sq,43' IRS @ N37.19 p91r 1R aF \ J IRF 91.43 0. PARCEL 4 n i 4.0072 Acros N to ExlsdN 20' Diainago Easement J�\ (DB 558 - Pg 692) Cc �1 0 cv \ R& 2.11' Snllde NO mA7_ r1n r EX. 20 % / , * 8 u1 S1{I enandoahProductionCrettltAssoc*ddn IInterstateProFertles, L.P. NIF w jj a o I end (L Q P Pardcla Q. Biggs j• CD o ederal BtOAasooleYon o1 Wlnchatarl ' I Parcol6 I DB 412 -• Pg 639 a a DB 382 - Pg 74 (Vacant) I o r nOUTEE B Width SF�) �Varlab WNAVENU> rco14•El "' "" I o _ _ _ 0.474?�1rjg>� _ _ O a'ivar'. �a'aemdnl • �. (DB 422 - Pg 8611); �¢d,2d` 4 � r .... ' 644 24' r IPF BOUNOARYPLAT of TWO PARCELS aranding In the name o1 INTERSTATE PROPERTIES LIMITED PARTNERSHIP Dead Book 556 - Pago 706 Shawnee Maglsferlal Dlstrlct Fredorkk County, Virginia Scale: 1 ".100' 22 September 1992 Surveyed: 3 September 1992 O4 gllbert w. cliffor*n& associates, Inc. aaltewrl • Lmd Phaur, surnyon (lac ow lk . k De. T M.411.1• Vkskl WU (1/1) 1/1.1111 YI.11.. YYII.1. IIWI (IWJ 111.11)• Shoot 2 of 4' OK-J Jlio"l�Il E X H I B I T C PARCEL 1 The said land lies along the South boundary line of U. S. Route 50 near its intersection with U. S. Route 522 in Shawnee District, Frederick County, Virginia and is bounded as follows: Beginning at a point in the South boundary line of U. S. Route 50 and corner to Parcel Two; thence with Parcel Two and then the West line of a street S 32 deg. 37' 54" W - 498.38' to a point; thence with another line of said street S 46 deg. 11' 38" W - 28.98' to a point in the West line of said street and corner to Parcel 4-A; thence with Parcel 4-A N 43 deg. 48' 22" W - 310.79' to a point corner to Parcel 4-A and in the East boundary line of Interstate Route 81; thence with the East boundary line of Interstate Route 81 for the two following courses: N 47 deg. 02' 15" E - 217.38' to a point; thence N 42 deg. 16' 43" E - 237.24' to a point in the East boundary line of Interstate Route 81 and in the South boundary line of U. S. Route 50, thence with the South boundary line of U. S. Route 50 with an arc of a curve to the left 215.32' (Radius=2966.79' - Chord-S 59 deg. 49' 52" E - 215.28) to the beginning, containing 2.902 acres. PARCEL 2 The said land lies just West of U. S. Route 522 in Shawnee District, Frederick County, Virginia, and is bounded as follows: Beginning at a point corner to Parcel Three and in the West line of a street; thence with the West side of said street S 46 deg. 11' 38" w - l u .00' to a point corner on the West side of said street and corner to the Retained Portion of Parcel Four; thence with Retained Portion N 43 deg. 48' 22" W - 315.71' to a point corner to said Retained Portion and in the East boundary line of Interstate Route 81; thence with the East boundary line of Interstate Route 81 for the two following courses: N 55 deg. 59' 07" E - 21.37' to a point; thence N 47 deg. 02' 15" E - 86.95' to a point in the East boundary line of Interstate Route 81 and corner to Parcel Three; thence with Parcel Three s 43 deg. 4B' 22" E - 310.79' to the beginning, containing 0.773 acres. VIRGINM FREDERSCI( Cflwff. OCT. This insvunrra (A •"af; prw to era 0.1 of a<.4 „K • - y: r/t �:Rx xu �K..}szet; :rtis i dmitt;yj to � r CLERK �rederic,,kCounty Taxes Paid 0 https://taxes.co.frederic0Lls/applications/TR_payTaxes/PrintYearl... COUNTY OF FREDERICK Y.O. 13OX 225 WINCI 11 :STER, VA 22604-0225 C. WILLIAM ORNI)OFF, .IR Real Estate Taxes Paid for Tax Year 2016 Map Number: 64 A IF Name: TITANS CORPORATION Dept# Ticket# Seq# Account# Bill Date Description Tax Paid RE2016 39034 1 8027923 6/5/2016 .60 ACRE 1 $1,098.30 RE-20161 390341 21 8027923 12/5/2016 1.60 ACRE 1 $1,098.30 Total Paid: $2,196.60 This amount represents payments applied during calendar year 2016 and does not include Penalty, Interest or Credit Card Fees. Close this Window Print This Page of I li?nignt7 In•n4 AM JntiUeO ;age 0 https://taxes.co.frederick.Voapplications/TR_payTaxes/REDetail.aspx II,,,,,, Frederick County \/i i'� hf i it Lt arryl: Pay/Lookup Taxes Payment Home Personal Properly Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Previous 2016 REAL ESTATE Dept/Iicketit RE2016 / 390340002 frequency 2 supplenlentll 0 Nance TITANS CORPORATION Mapit 64 A 1F Accounllt 8027923 Name 2 Bill Date 12/05/2016 Acreage Address 1220 RICWOND RD Due Dale 12/05/2016 Improvements WILLIAt•1SBURG VA Dew .60 ACRE Land Value Zip 23185 2862 Land Use Minerals 0.600 $0.00 $366,100.00 $0.00 $0.00 Penalty Paid S0.00 Interest Paid $0.00 Last Transaction Date 12/12/2016 Current Payment Slolus Original Bill Payments Principal Balance Due Penalty Interest Balance Due S1,098.30 ($1,098.30) S0.00 $0.00 $0.00 $0.00 Transaction History Dale I)pc Transaclionll Amount Balance 12/5/2016 Charge (I $1,098.30 $1,098.30 12/9/2016 Principal Paid 17090 ($1,098.30) $O.00 Previous of 1 1/qtl/,)f117 In-m AM OK976PG1370 THIS DEED, made this oVnd day of , 2000, by and between INTERSTATE PROPERTIES LIMITED PARTNERSHIP, a Virginia Limited Partnership, of the one part, hereinafter called the Grantor, and TITANS CORPORATION, a Virginia Corporation, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ton Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of those two (2) parcels of land lying and being situate in Shawnee Magisterial District of Frederick County, Virginia, described on Exhibit A attached hereto. A reference to the aforesaid deeds and plat and to the references therein contained is here made for a further and more particular description of the land hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signature and seal: INTERSTATE PROPERTIES LIMITED PARTNERSHIP, A Virginia Limited Partnership B ,(SEAL) James L` Bowman, Partner HARRISON 6 JOWJSTON ATTORNEYS AT LAW WAICHESTER. VIRGINIA 0 • BK976PG 1371 STATE OF VIRGINIA, AT LARGE CITY/COUNTY OF �hydL?Lj, A, , To -wit: The foregoing instrument was acknowledged before me this 2-1'1)6( day of 2000, by James L. Bowman, as General Partner of Interstate Properties Limited Partnership, a Virginia Limited Partnership, on behalf of said Partnership. My commission expires 7- 'talylc 3/1 0�DDo� r';�C' J_- ae� Notary Public ARRISON 6 JOHNSTON ATTORNEYS AT LAY/ KINCHESTER. VIRGINU HARRISON & JOHNSTON ATTORNEYS AT LAW WJ/CHESTER. VIRGINA ON976PG 1372 EXHIBIT A Parcel 1: Beginning at an iron rod found in the southwestern most corner of the tract herein described said point being on the westerly variable width right-of-way line of Front Royal Pike - U. S. Route #522 and the easternmost corner of Interstate Properties Limited Partnership; thence departing U. S. Route #522 and running with Interstate Properties Limited Partnership,N 43 deg. 48" 29"W 200.07 feet to a point, said point being on the easterly property line of Cracker Barrel Old Country Store; thence departing Interstate Properties Limited Partnership, and running with Cracker Barrel Old Country Store, N 46 deg. 11' 38" E 134.24 feet to an iron road set, said point being the northwestern most corner to Alma Garber Biggs and James A. Biggs; thence departing Cracker Barrel Old Country Store and running with Biggs, S 43 deg. 48' 29" E 200.07 feet to a concrete VDH monument found said point being on the aforementioned westerly variable with right-of-way line of U. S. Route #522; thence departing Biggs and running with U. S. Route #522, S 46 deg. 11' 38W 134.24 feet to the point of beginning and containing 26,858 square feet of land more or less; It being a part of the same property conveyed to INTERSTATE PROPERTIES LIMITED PARTNERSHIP herein by deed dated February 28, 1983 from OLD DOMINION SAVINGS AND LOAN ASSOCIATION duly recorded February 28, 1983 in the Clerk's Office of the Circuit Court of the County of Frederick in Deed Book 556 page 706. Parcel 2: Beginning at an iron rod found in the westerly variable width right of way line of Front Royal Pike U. S. Route #522 and the easternmost corner of Beall House, L.C., a Virginia Limited Liability Company; thence departing U. S. Route #522 and running with Beall House, L.C., N 43 deg 48' 29" W 200.07 feet to iron rod set, said rod being on the easterly property line of Cracker Barrel Old Country Store; thence departing Beall House, L. C., and running with Cracker Barrel Old Country Store, N 46 deg. 11' 38" E 60.00 feet to a said point being the western most corner to Interstate Properties Limited Partnership (D.B. 556 PG. 706); thence departing Cracker Barrel Old Country Store and running with Interstate Properties Limited Partnership, S 43 deg. 48' 29" E 200.07 feet to a point, said point being on the aforementioned westerly variable width right of way line of U. S. Route #522; thence continuing with Route #522, S 46 deg. 11' 38" W 60.00 feet to the point of beginning and containing 12,004 square feet of land more or less. It being the same property dedicated to County of Frederick by Interstate Properties Limited Partnership herein by instrument recorded in Deed Book 556, page 692. VIRGINIA: FREDF:RICK COUNTY, SCI: Thissinstrunient of writing was produced to me on,(J .Aru�S at _ . C.: Q ,L,._l _A nd Wirth certificate of acknowledgement thereto annexed wits adtnftted to record. Tax Imposed by Sec. 58.1-802 of 00,00 , and 58.1.801 have been paid, If nasessable 4e-4 44ell- '✓ , Clerk 0 0�0p051�8 c APPROVED BY .o .Subdlvlslon AaImIn/strator P� lDate OWENS' CER71f7CAIE This Boundary Line Ad)jstment and Vacation on the property of 77tans Corporation as shown hereon, it made with the consent and in accordance with the undersigned owneM pngorietom and trustees, if m --'.�—Ipt_ LrI ao(a1 a Ions Corporation Vote nu., L.r., A Va Corp. ete NOTARY —PUBLIC /, I-e" /..)av;,5 , a Notary Public in and for the state of Wgivla at large, do certify that %lem,9 4rlA.S F'14r"; t l Pr e,-j lori l• e/ T, fan s. Inc . , whose names are signed to the foregahg Owners CertiRcate, have admowfedged the same before me In my state. ...,,,,... Glen under my hand this ,,day of ,2001. My commIsalon expies s 9 : f, NOTARY —PUBLIC 1, Icy yEQS a Notary Public In and for the state of Wgfnlo at 7dtgi do fy fti SleWa4l.T, fA,4; m.4*7W i/- Am..1- 114zZi�. 2,Ac,,. whose names we signed to the foregoing Owned Certlficata have ocknoerdgd the some before me In my state. Glen under my hand this ' AA day of ,2001. Aly commkslon ampkes —�L l°� 4I4 • u✓ SURVEYOR'S CERTIFICATE I hereby catlfy that the land contMd in this Boundwy Line Ad)Ustmentl%catlon /s the some /and conve d to Titans Corporation in Deed Book 976 Pages 1373-1403 . BOUNDARY LINE ADJUSTMENT and VACATION ON THE PROPERTY OF TITANS CORPORATION A VIRGINIA CORPORATION CITY OF WINCHESTER SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1'- 50' DATE: APRIL 11, 2001 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL i Project Name: Express Oil Change & Tire Engineers Rezoning Application File No: 3484E JAN 2 0 2017 Date: Fri, Jan 20, 2017 To: FC Planning T From: Evan Wyatt Attn: Candice Perkins GREENWAY ENGINEERING Copied Phone: 540-662-4185 Fax: 540-722-9528 Delivery: [] Fed Ex [] U.S. Mail El Other ❑ Urgent [j For Your Review Hi Candice, COLII'ier [ Pick Up [ As You Requested ,f] Please Comment Message Please find attached the information required for formal submittal of the Express Oil Change & Tire Engineers Rezoning Application. Please include this application for consideration by the Planning Commission ftl-illg then- February 15, 2017 meeting and advise me II yOLI need anything else at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: • 0 r JAN 2 0 2017 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. 1, Candice Mark Dave Tyler Mike John COMMENTS: Received by Clerical Staff (Date & Initials Date & Time <<z Izo I(� (S:Office on BlackboxlFormslDocument Approval Form —6/7/2016 ) 0 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 22, 2017 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #02-17 FOR EXPRESS OIL CHANGE & TIRE ENGINEERS On behalf of the Freclerick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, March 8, 2017, at 7:00 pin In the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #02-17 for Express Oil Change & Tire Engineers, submitted by Greenway Engineering, Inc., to rezone 0.604+/- acres from the 132 (General Business) District to the 133 (Industrial Transition) District with proffers. The property is located on the west side of Front Royal Pike (Route 522 South) and immediately south of the IHOP Restaurant approximately 1,00W south of the Interstate 81 Exit 313, in the Shawnee Magisterial District, and is identified by Property Iclentification Number 64-A-1 F. Any interested parties having questions or wishing to speak may clo 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 Kcnt 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, Suitc 202 • Winchester, Virginia 22601-5000 0 • This is to certi y that the attached correspondence was mailed to the following on �?- =Z =L Department( I from the Department of Planning and Development, Frederick County. Vi ginia: 64 -8- - 1- 64 - A. - 2- 6851 LENNOX LLC 6345 BALBOA BLVD STE 310 ENCINO CA 91316.1500 64 - A- - 3- BEALL HOUSE LC CIO HENKEL-HARRIS CO PO BOX 2170 WINCHESTER VA 22604.1370 64 - A- - 4-A DELCO DEVELOPMENT COMPANY OF CIO THE ROSEN GROUP 40 E 69TH ST NEW YORK NY 10021.5016 64 - A- - 4-D THE MARATHON BANK CIO UNITED BANK ATTN ANGIE BOARD 514 MARKET ST PRICE COMPANY THE DBA:COSTCO WHOLESALE TAX OPT 239 999 LAKE DR ISSAQUAH WA 98027.8990 64 - A- - 1-E CRACKER BARREL OLD COUNTRY STORE ATTN: PROPERTY MGT PO BOX 787 LEBANON TN 37088.0787 64 - A. - 1-F TITANS CORPORATION 1220 RICHMOND RD WILLIAMSBURG VA 23185.2862 64 - A- - 1-13 CRACKER BARREL OLD COUNTRY STORE ATTN: PROPERTY MGT PO BOX 787 LEBANON TN 37088.0787 PARKERSBURG WV 26101.5144 64 - A- - 1-F TITANS CORPORATION 1220 RICHMOND RD WILLIAMSBURG VA 23185.2862 mac-. Candice Perkins, Assistant Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICCK 0 s�e C , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Planning Director for the Depart ent of Planning and Development, whose name is signed to the foregoing, dated � 2� , "I , has personally appeared before me and acknowledged the same in my State dnd County aforesaid. Given under my hand this day of 7 tT'Z0,6' My commission expires on �S 2 t71'1 ?"'MOILAMMAk- NOTARY PUBLIC REGISTRATION # 354474 COMMONWEALTH OF VIRGINIA t MY COMMISSION EXPIRES DECEMBER 31 20' 0 COUNTY of FREDERICK Department oi' Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 1, 2017 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 02-17 FOR EXPRESS OIL CHANGE & TIRE ENGINEERS On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, February 15, 2017, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winclester, Virginia to consider the following application: Rezoning #02-17 for Express Oil Change & Tire Engineers, submitted by Greenway Engineering, Inc., to rezone 0.604+/- acres from the 132 (General Business) District to the 133 (Industrial Transition) District Nvith proffers. The property is located on the west side of Front Royal Pike (Route 522 South) and immediately south of the II-IOP Restaurant approximately 1,00W south ol' the Interstate 81 Exit 313, in the Shawnee Magisterial District, and is identified by Property Identification Number 64-A-1 F. 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.fi-cderick.va.us. Sincerely, Candice E. Perkins, AICP Assistant Director CEP/pd 107 North Kcnt Stl-Cet, Suitc 202 • Winchcster, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following oil a(, / I � fi-om the Department of Planning and Development, Frederick County, Virginia: 64 • A- - 1-F TITANS CORPORATION 1220 RICHMOND RD WILLIAMSBURG VA 23185.2862 64 • 8- - 1- PRICE COMPANY THE DBA:COSTCO WHOLESALE TAX OPT 239 999 LAKE DR ISSAGUAH WA 98027.8990 64 - A- - 1-E CRACKER BARREL OLD COUNTRY STORE ATTN: PROPERTY MGT PO BOX 787 LEBANON TN 37008.0787 64 - A- - 1•F TITANS CORPORATION 1220 RICHMOND RD WILLIAMSBURG VA 23185.2862 64 • A- - 1-G CRACKER BARREL OLD COUNTRY STORE ATTN: PROPERTY MGT PO BOX 787 LEBANON TN 37988.0787 STATE OF VIRGINIA COUNTY OF FREDERICK 64 - A- - 2- 6851 LENNOX LLC 6345 BALBOA BLVD STE 310 ENCINO CA 91316.1500 64 • A- - 3- BEALL HOUSE LC CIO HENKEL-HARRIS CO PO BOX 2170 WINCHESTER VA 22604.1370 64 - A- - 4-A DELCO DEVELOPMENT COMPANY OF CIO THE ROSEN GROUP 40 E 69TH ST NEW YORK NY 10021.5016 64 - A- - 4-D THE MARATHON BANK CIO UNITED BANK ATTN ANGIE BOARD 514 MARKET ST PARKERSBURG WV 26101.5144 Candice E. Perkins, AICP, CZA Assistant Director lrederick County Planning Dept. 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. Given under my hand this 3� clay of /-Q-611,k, My Commission expires oil 1 � q NOTARY I'TRATION it 354474 WEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 1, 2017 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #02-17 FOR EXPRESS OIL CHANGE & TIRE ENGINEERS On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, February 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 #02-17 for Express Oil Change & Tir Engineers, submitted by Green/ Engineering, Inc., to rezone 0.604+/- acres from 2 (General Business) District t B3 (Industrial Transition) District with proffers. The property is located on the west side of Front Royal Pike (Route 522 South) and immediately south of the IHOP Restaurant approximately 1,000' south of the Interstate 81 Exit 313, in the Shawnee Magisterial District, and is identified by Property Identification Number 64-A-1 F. 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 N4 Kent Street. Suite 202 9 Winchester. Virginia 22601-5000 0 w a I DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA n GIS, MAPPING, GRAPHICS WORK REQUEST s DATE RECEIVED: ' ° 1 a REQUESTED COMPLETION DATE: REQUESTING AGENT: 7- 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) P T tt -tt (0LI -A - 1v ) A-ir DIGITAL: PAPER: FAX: E-MAIL: OT7'CQ. - COLOR BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT HOURS REQUIRED: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) • • C-03Jr-IjufS EXPRESS OIL CHANGE and TIRE ENGINEERS Tax Map Number Owner Mailing Address City & State 21P Acreage 64 8 1 PRICE COMPANY THE, DBA:COSTCO WHOLESALE TAX DPT 239 999 LAKE DR ISSAQUAH, WA 98027 13.00 64 A lE CRACKER BARREL OLD COUNTRY STORE, ATTN: PROPERTY MGT PO BOX 787 LEBANON, TN 37088 4.01 64 A lF TITANS CORPORATION 1220 RICHMOND RD WILLIAMSBURG, VA 2318S 0.60 64 A 1G CRACKER BARREL OLD COUNTRY STORE, ATTN: PROPERTY MGT PO BOX 787 LEBANON, TN 37088 0.47 64 A 2 6851 LENNOX LLC 6345 BALBOA BLVD STE 310 ENCINO, CA 91316 0.96 64 A 3 BEALL HOUSE LC, C/O HENKEL-HARRIS CO PO BOX 2170 WINCHESTER, VA 22604 0.92 64 A 4A DELCO DEVELOPMENT COMPANY OF, C/O THE ROSEN GROUP 40 EAST 69TH ST NEW YORK, NY 100211 16.94 64 A 4D ITHE MARATHON BANK, C/O UNITED BANK ATTN ANGIE BOARD 514 MARKET ST 1PARKERSBURG, WV 1 261011 1.00 ADJOINING PROPERTIES LISTING 'P� 0 a'd'k TO:LANCE-DATA PROCESSING FROM: PAM - Planning Dept. Please print sets of labels by 1 THANKS! SOURCE: FREDERICK COUNTY GIS, 2016 DATA `91 C ^\ Q C 99. Q i w000 3 50 � LL % 17 797 Z z i 64 A tE 64 A 1G 64 A 2 d Q W (.D to to 64 A 1F Z cr W Q W F = W (-D cr 64 A 4A J Z Z LL 84 A J 2 0 Z 0 W N X W ILL d 64 A 4D W Q' LD Z O+P� d CO ~ Z �Q w O �P Q Q� -�p 0n � Wm �0�84 6 1 Z a Cr Q i 2 F Z f N N w N O K Legend w w � F Q > TM 64-A-1F a w Z H Adjoining Property cw7 O 0 p zwn c7O� Parcel Boundary 767 = a O Y U ? 00 I Winchester City Limits O a Feet v LL m r a 200 0 200 w .. t1._ _.r—. Can+r N CrS D--.1116 Dm l.r..—,ErV—w