HomeMy WebLinkAbout02-08 Applicatione �F
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Department of Planning and Development
540/665 -5651
FAX: 540/665-6395
May 15, 2008
Mr. Joe Knechtel
Potesta & Associates, Inc.
508 Front Royal Pike
Winchester, VA 22602
RE: REZONING 902 -08, GROVE'S WINCHESTER HARLEY - DAVIDSON
Dear Joe:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of May 14, 2008. The above - referenced application was approved to rezone 0.2934 acres
from the RA (Rural Areas) District to B2 (Business General) District, with proffers, to accommodate a
parking lot expansion. The property is located at the corner of Independence Drive (Route 1092) and
Millwood Pike (Route 50), in the Shawnee Magisterial District, and is identified with Property
Identification Number 64-A-1 59T.
The proffer dated January 9, 2008 that was approved as a part of this rezoning application is unique to
this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer
statement for your records.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
Candice E. Perkins-
AICP
Senior Planner
CEP /bad
Attachment
cc: Gene Fisher, Shawnee Magisterial District Supervisor
Lawrence Ambrogi and H. Paige Manuel, Shawnee Magisterial District Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Jobalie, LLC, 1038 Heth Place, Winchester, VA 22601
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
0 0
REZONING APPLICATION #02 -08
GROVE'S WINCHESTER BARLEY- DAVIDSON
Staff Report for the Board of Supervisors
Prepared: May 5, 2008
Staff Contact: Candice E. Perkins, AICP, Senior Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 04/02/08 Recommended Approval
Board of Supervisors: 05/14/08 Pending
PROPOSAL To rezone 0.2934 acres from the RA (Rural Areas) District to the B2 (Business
General) District with proffers to accommodate a parking lot expansion.
LOCATION The property is located at the corner of Independence Drive (Route 1092) and
Millwood Pike (Route 50).
MAGISTERIAL DISTRICT Shawnee
PROPERTY ID NUMBER: 64- A -159T
PROPERTY ZONING RA (Rural Areas) District
PRESENT USE Commercial and Vacant
ADJOINING PROPERTY ZONING & PRESENT USE
North:
B2 (Business General)
Use:
Vacant
South:
B2 (Business General)
Use:
Commercial and Vacant
East:
Route 50
Use:
N/A
M1 (Light Industrial)
Use:
Industrial
West:
B2 (Business General)
Use:
Vacant
RA (Rural Areas)
Use:
Vacant
PROPOSED USES Parking for the existing Harley Davidson Facility
0 0
Rezoning #02 -08 — Grove's Winchester Harley- Davidson
May 5, 2008
Page 2
REVIEW EVALUATIONS:
Public Works: We have no comments related to the proposed rezoning.
Frederick County Attorney: I have reviewed the proposed proffer statement for this matter and have
the following comments: The rezoning map on the GIS internet system shows that the parcel is already
zoned B3. I am assuming that a portion of the parcel may be so zoned but that the remainder must be
RA and that the GIS systemjust does not show that. Please let me know if the explanation is otherwise.
The GIS system also shows the size of the entire parcel to by 6.29 acres and not 8128 acres as indicated
in the proposed proffer statement (the Commissioner of the Revenue's system shows 8.29 acres). The
heading information in the proposed proffer statement also states that the area to be rezoned is 0.2934
acres, but the response in item 9 of the application form states that the proposed use will be a parking
lot of approximately 77,000 square feet (greater than 1.5 acres). Is the rest of the proposed parking lot
on a portion of the entire parcel which is already zoned to permit the lot? If so, it would be helpful if
the application so stated that fact. If not, an explanation of the discrepancy is needed. The applicant
will need to submit a plat showing the specific location of the area to be rezoned.! Subject to the above
comments, the proposed proffer statement is otherwise acceptable. I offer here some further comments,
concerning the rezoning application form itself, although I recognize that the applicant may already by
planning on addressing these matters: The applicant will need to identify all of its stockholders (or
other owners of interest in the LLC, however titled), officers, and directors (or, in the case of an LLC, if
so titled, managers of the LLC). Ms. Grove will also need to state the capacity (title) in which she is
acting for Jobalie, LLC.
Staff Note: The revised proffers dated January 9, 2008 have addressed the County Attorney
Comments.
Planning Department:
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the
subject area as being zoned M I (Light Industrial) and A -2 (Agricultural General). The County's
agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District
upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989.
The corresponding revision of the zoning map resulted in the re- mapping of the subject property
and all other A -] and A -2 zoned land to the RA District.
The M 1 zoning on this site was changed to B2 (Business General) with Rezoning 4 33 -87 which
was approved by the Board of Supervisors on October 14, 1987. Originally parcel 64- A -159T ,
consisted of 6.28 acres and on November 7, 2007 a boundary line adjustment was approved
which added 1.17 acres of land from parcel 64-A-1 59E which was already zoned B2 and also
added .2934 acres of land from parcel 64 -A -159 which was zoned RA.
A i
Rezoning 902 -08 — Grove's Winchester Harley- Davidson
May 5, 2008 .
Page 3
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy 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.
[Comprehensive Policy Plan, p. I -1]
Land Use
This site is covered by the Frederick County Eastern Long Range Land Use Plan of the
Comprehensive Policy Plan and is identified for commercial uses. This rezoning request is
proposing B2 Zoning and is therefore consistent with the Comprehensive Policy Plan.
I
Site Access
The site will be accessed off of the existing entrance into Independence Drive for the Grove's
Harley Davidson.
3) Proffer Statement - Dated January 9, 2008
i
• The use of the .2934 acres shall be limited to off street parking.
• Access to the .2934 acres shall be via the existing Harley Davidson entrance on
Independence Drive.
No one came forward to speak during the public comment portion of the hearing. Other than some
clarification on the acreage, no questions or issues were raised by the Planning Commission. The
Commission unanimously recommended approval of the rezoning with the! proffers offered to
accommodate a parking expansion. (Note: Commissioners Triplett and Kriz were absent from the
meeting.)
STAFF CONCLUSIONS FOR 04/23/08 BOARD OF SUPERVISO MEETING:
This is an application to rezone .2934 acres from the RA (Rural Areas) District to the B2 (Business
General) District with proffers to accommodate a proposed parking lot expansion for the existing
Harley Davidson Facility. The land use proposed in this application is consistent with the goal of the
Comprehensive Policy Plan and has addressed all of staff's concerns.
Following the required public hearing, a decision regarding 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.
Frederick County, VA
Location in the Lounty
Grove's Winchesti
Harley Davidson
Map Features
Application
i Ati
Rezoning
REZ #02 -08
Application
Parcel ID:
64- A -159T
1 � 1
V`11
Location in Surrounding Area
cgi
Case Planner: Candice
Map Document: (N:Tlanning_And_Development\ 1_Locator_Mps\ 2008 \GrovesHD_REZ0208_031208.mxd) 3H3h008 -- 1142 03AIVI
Frederick
Harley Davidson
Map Document: ( N: \Planning_And_Development \_1_ Locator_ Mps\ 20081GrovesHD _REZ0208_031208.mxd) 3/13/2008 -- 11:42:03 AM
Frederick County, VA
Rezoning
REZ # 02 - 08
Application
64 A 159E
EFG LLC
�QR
A 159P
RS JAMES E
Location in the Gounty
Parcel ID:
64- A -159T
Map Features
e Applicatien
Zoning
O Lakes /Ponds® B1 (Business, Neighborhood District)
-,- Streams
® B2 (Business, General Dietnsp
O Ansort
111a Ba( Business, Industrial Transition District)
,a DDA
all EM(Pabsctive Manufacturing District)
SWBA
affis HE (Higher Education District)
M1 (industrial, Light District)
eas M2 (industrial, General District)
MHt (Mobile Home Commemy District)
+• ME (Medical Support Dietrich
R4 (Residential Planned Community Distinct)
aIW R5 (Resid.m al Recreational Community DistnM)
O RA (Rural Area District)
RP (Residential Pedommence District)
1
1
1 S•
I 1
I"
I �{
Grove's Winchestl
Harley Davidson
EFb LC Location in Surrounding Area
8/ A 7595 �CK
NAVYFEDERALCREDITUNION D - 1f,0 30EOeet
a
1 —. - - ® Case Planner: Candice
Map Document: (N:\ Planning_ And_Development \_1_Locator_Mps\ 2008 \GrovesHD_REZ0208_031208.mxd) 3/13/2008 -- 11:42:03 AM
0
RI %ZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
be completed by Planning S7gf' 7
Pee Amount Paid S J p,� •3
ling Amenchnent N nib r / -D� Date Received p �
llcaring Date d O 130S Hearing Date
The fr)llowing information shall be provided by the applicant.
All parcel identification numbccs. deed book and page numbers may be obtained from the Office of
the Commis.sioncr of Revenue, Real Estate Division, 107 Nm-th (Cent Strect, Winchester.
1. Applicant:
Name: Jobalie, LLC
Telephone: 540 -662 -4468
Address: 1038 Heth Place
Winchester, VA 22601
2. Properly Owner (if different than above)
Name:
Telephone:
Address:
3. Contact person if other than above
Name: Joe Knechtel
Telephone: 540
4. Checklist: Check the Pollowing items that have been included with this application.
Location map x Agency Comments
P1,11 x fees x
Dccd to property x hnpact Andlysis Statement N/A
Verification of taxes paid x Proffer Statement x
10
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0
5. The code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Pleasc list below all owners or patties in interest of the land to be rezoned:
6. A) Current Use of the Property: Motorcycle Sales
B) Proposed Use of the Property: Motorcycle Sales
7. Adjoining Property:
PARCEL ID NUNIBER
_6 4- A -159E
64 -A- 1_5 - P
64 -A -159 -H
64 -A -158
USE
Vacant
Motorcycle S ales
Vacant
Construction Co.
ZONING
B2
Ml
Ml
M1
S. Location: The property is located at (give exact location based on neatest road and distance
from nearest intersection using road names and route numbers):
Located at corner of Independence Drive and Millwood
Pike (U.S. Rt. #50)
Ill
0
0
9. The following information should be provided according to the type of rezoning
proposed :
Number of Units Pro posed
Singlel'amilyhomes: Townhomc:
Non - Residential Lots: Mobile Home
Multi- Family:
Hotel Rooms:
Sq uare Footage of Proposed Use
office: Service Station:
Retail: ManuflCturing:
Restaurant: Warehouse:
Other: ParkirC Lapprox. 77, 000 SF
10. Sianature:
I (WC), 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. f (me) authorize Frederick County officials to enter the
property for site inspection purposes.
I (wc) 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 heating.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Owner(s):
Date:
Dale:
Date:
Date:
12
0
Adjoining Property Owners
Rezoning
0
Owners of property adjoining the Land will be notified of the Planning Commission and the Board of
supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right-of-way, a private right -of -way, or a watercourse from the requested property. The
applicant k rcqukcd to obtain the following inl'ormatkn on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. 1'lie Commissioner of the Reivnim is located on the 2nd floor of the Frederick Comvy
ildministrath Building, 107 North Kent Street.
Name and Property Identifi Numb
Address
Name
EFG, LLC
340 W. Parkins Mill Road
Winchester, VA
p rolm1) , ; 64- A -159E
Name
James E. Myers
100 Myerson's Drive
Winchester, VA
V IOP M` ,g 64- A -159P
Name
EFG, LLC
340 W. Parkins Mill Road
Winchester, VA
p 64- A -159H
Name
Perry Properties
1945 Millwood Pike
Winchester, VA
properly". 64 -A -158
Name
i
Properly
Name
-
Property dl
Name
Propel iy
Name
Property;:
Name
Property r
14
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1� °` �' Special Limited Power of Attorney
«� �� County of Frederick, Virginia
�
Planning Office, 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)
Jobalie, LLC
(Phone) 5 66 2 -44
(Address) 1038 Heth Place, Winchester, VA 22601
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. 070019010
or) Page , and is described as
Parcel: Lot: 159T Block: Section: A Subdivision:
do hereby make, constitute and appoint:
(Name) Taz Schultz
(Phone)
540 - 247 -8512
(Address) 240 Merrifield 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:
G Rezoning (Including proffers)
G Conditional Use Permits
G Master Development Plan (Preliminary and Final)
G Subdivision
G Site Plan
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 (ou) II dd�andd seat this I day of An om 2002_,
Signature(s) .� a iCiu rs�_
State of Virginia, City /County of 'Fre,&+ ;C,`(, To -wit:
I;i , lA °..�.QCI��C/ a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who
signed;tq the`f ore grung instrument and who is (are) known to me, personally appeared before me and has
�'ackno'vledged, the sa e before me in the jurisdiction aforesaid this k day of 200 8
i
�(a My Commission Expires: t^/_,30 -
Vbtar ulilic
•i
• •
Special Limited Power of Attorney
c} County of Frederick, Virginia
Planning Office, 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)
Jobalie, LLC
(Phone) 540- 662 -4468
(Address) 1038 Heth Place, Winchester, VA 22601
the owner(s) of all those tracts or parcels of land ( "Property ") conveyed to me (us), by
Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. 070019010 on Page
and is described as
Parcel: Lot: 159T Block: Section: A Subdivision:
do hereby make, constitute and appoint:
recorded in the Clerk's
(Name) Potesta & Associates, Inc. (Phone) 540 - 450 -0180
(Address) 508 Front Royal Pike, 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
1 (we) would have if acting personally to file planning applications for my (ow') above described Property, including:
G Rezoning (Including proffers)
G Conditional Use Permits
G Master Development Plan (Preliminary and final)
G Subdivision
G Site Plan
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously
approved proffered conditions except as follows: i
This authorization shall expire one year from the day it is signed, or until it is herwise or modified.
In witness thereo�we) have hereto set my (our) haul and seal thisday of & 200 g ,
Signature(s)
State of Virginia, City/County of , To -wit:
I, a Notary Public in and for thejurisdiction aforesaid, certify that the person(s) who
signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has
acknowledged the same before me in the jurisdiction aforesaid this 2L F�
day ofyya� 200 8
ac
L �,t Q� t���f� My Commiss res: � T t T 11
Notary Publ J�'
'� q� ';'� MY COMMISSION # DD711776
.7�+t0 wo,00n cnotember 05, 2011
Figure 1
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POTESTA I
DAT: PROJECT /Noo01103 -07 -0496
Vicinity Map
Winchester Harley Davidson
Frederick County, Virginia
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1. THE BOUNDARIES SHOWN HEREON ARE THE RESULT OF A FIELD RUN SURVEY.
2. FOR CLARITY NO ARE EASEMENTS SHOWN. EASEMENTS AND /OR OTHER ENCUMBRANCES
EXIST UPON THE SUBJECT PROPERTY WHICH ARE NOT SHOWN HEREON.
\ / 64— A -159E .r
\ EFG, LC
INST. #030019 =�
EX. RA ZONING � \ 14.0596 Ac.
BOUNDARY \
\ I
\ \�
L2 N61' "E _ _471.39'
>g•
82 57
9 EX. B2 ZONING
Z 3 0.2934 ACRES BOUNDARY o r
of CURRENTLY ZONED RA 00 .—
TO BE REZONED TO 82 I W
� Y
N 64— A -159T I
z 273_10. JOBALIE, LLC
/ S6174(550 "W INST. #0401312394
8.2858 ACRES
64— A -159E
EFG, LC `0 N
INST. //030019524 0)
14.0596 Ac. 00 I N
z
C l 219.97'
S65'04'18
INDEPENDENCE
60' R/W
S61 *40'44"W
O w
° o¢
ww
O
Im 0 -J
on
DRIVE 510.4
49.81
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
TANGENT
CHORD
Ciii NG
Cl
68.36'
1330.00'
2'56'42"
34.19'
68!35'
LINE TABL E
LINE
LENGTH
BEARING
Li
110.81'
N28'19'10 "W
L2
115.41'
N61'40'50 "E
L3
89.38'
S45'26'29 "E
L4
143.98'
S51'31'27 "W
RANDY r STOWERS
Lie. No. 2342
d3 -c%!;= $
GRAPHIC SCALE
0 75 150 300
I inch = 150 ft.
5 a� . MONTGOMERY
em iVrogg Affe.
160 -9 Prosperity Dr. (540) 450 -3236 VOICE
�$' S::. , Winchester, VA 22602 (540) 450-3235 FAX
�"'�! w .MEGlnr be
PLAT SHOWING
PROPERTY OF JOBALIE, LLC
TO BE REZONED
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 150'
DATE: MARCH 5, 2008
NOTES:
1. THE BOUNDARIES SHOWN HEREON ARE THE RESULT OF A FIELD RUN SURVEY.
2. NO TITLE REPORT FURNISHED. EASEMENTS AND /OR OTHER ENCUMBRANCES EXIST UPON THE
SUBJECT PROPERTY WHICH ARE NOT SHOWN HEREON.
AREA TABULATION
ORIGINAL AREA
T.M. 64— A -159T
6.2858
ess ]] \
e3 � A Y , r
s1
O el 'e A
cs
1 �5^�
s! 9Ya MHV
B abe SLM✓ Aa
B]
0 2934
ACRES
NEW AREA T.M.
64 —A -1597
]�
ACRES
]B 01A
10]A g0 101
79A 6P
79B OT
B.n, Bq r
°
79C Boo Q
,03
P6 SITE
0.B
I.
AIT+1 e
,O3C
Bau
O °
OK
08R '
O
110
rSp 158X
,os
a ISBu
BY T2 � ISBS
III
� 11 13
]8 r IA O A 1sW IA 1S 13 SM \
VICIN
500A I
APPROVED BY:
NOTES:
1. THE BOUNDARIES SHOWN HEREON ARE THE RESULT OF A FIELD RUN SURVEY.
2. NO TITLE REPORT FURNISHED. EASEMENTS AND /OR OTHER ENCUMBRANCES EXIST UPON THE
SUBJECT PROPERTY WHICH ARE NOT SHOWN HEREON.
AREA TABULATION
ORIGINAL AREA
T.M. 64— A -159T
6.2858
ACRES
AREA FROM T.M.
64— A -159E
1.7066
ACRES
AREA FROM T.M.
64 —A -159
0 2934
ACRES
NEW AREA T.M.
64 —A -1597
8.2858
ACRES
ORIGINAL AREA T.M. 64— A -159E 16.2065 ACRES
AREA FROM T.M. 64 —A -159 0.5360 ACRES
AREA TO T.M. 64 —A -159 0.9763 ACRES
AREA TO T.M. 64— A -159T 1.7066 ACR
NEW AREA T.M. 64— A -159E 14.0596 ACRES
ORIGINAL AREA T.M. 64 —A -159 4.8531 ACRES
AREA FROM T.M. 64— A -159E 0.9763 ACRES
AREA TO T.M. 64— A -159E 0.5360 ACRES
AREA TO T 54—A-15 9T - 0.2934 ACRES
NEW AREA T.M. 64 —A -159 5.0000 ACRES
SURVEYOR'S CERTIFICATION
I, RANDY A. STOWERS, A DULY AUTHORIZED LAND SURVEYOR IN THE
COMMONWEALTH OF VIRGINIA, DO HEREBY CERTIFY, TO THE BEST OF MY
KNOWLEDGE AND BELIEF, THAT THE PROPERTY SHOWN HEREON IS THE
SAME PROPERTY CONVEYED TO EEG, LC BY DEED DATED AUGUST 26,
2003, RECORDED AT INSTRUMENT #030019524 AND BY DEED DATED
FEBRUARY, 26, 2004, RECORDED AT INSTRUMENT #040003382, AND , THE
SAME PROPERTY CONVEYED TO. JOBALIE, LEG BY DEED DATED JUNE 30,
3004. RECORDED AT INSTRUMENT #040012394, ALL AMONG THE LANG
RECORDS OF FREDERICK COUNTY, VIRGINIA.
Lic. No. 2342
11-27-07
MONTGOMERY
Engilleerilfg gaup, iffe.
180 -9 Prosperity Dr. (640) 4503236 VOICE
Winchester, VA 22602 (540) 450 -3235 FAX
— MEG' —t,.
PLAT SHOWING
BOUNDARY LINE ADJUSTMENT
BETWEEN THE PROPERTIES OF
EFG, LC
AND
JOBALIE, LLC
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: AS NOTED
DATE: NOVEMBER 27, 2007
07 -103 SHEET 1 OF 3
O
CD
OWNER'S CERTIFICATION:
THE BOUNDARY LINE ADJUSTMENT BETWEEN THE PROPERTIES OF EEG, LC AND JOBALIE, LLC, AS
APPEARS ON THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE
DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY.
EFG, L .. C AN� EGROVE, . (j / //�
By E R., MANAGING MAMBER � ( DATE
NOTARY PUBLIC
STATE OF r C (nv
CITY /COUNTY OF
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON -a�-O 1 BY
., .:�''�.� DATE
earl ( -�- ke, �_
(NOf, Y RLTHI IP) MY COMMISSION EXPIRE 3o'Ug
JOBALIE, L.L.C.
BY: % / /d ��
BARBARA A. GROVE, MANAGING 0 BER
// - 27 -G'7
DATE
NOTARY PUBLIC
STATE OF VIro",a _
CITY /COUNTY OF vl (Cj ($,
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON -0-7 BY
DATE
PUBLIC)
//- 27 -1i7
`
A� SURVE ° 4
{ '13d4a('
MY COMMISSION EXPIRE 4
M ONTGOMERY
SKgifreeriHg Group, Me.
1809 Prosperity Dr. (540) 450 -3236 VOICE
Winchester, VA 22602 (540) 450 -3235 FAX
www.MEGincb.
PLAT SHOWING
BOUNDARY UNE ADJUSTMENT
BETWEEN THE PROPERTIES OF
EFG, LC
AND
JOBAUE, LLC
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: AS NOTED
DATE:_ NOVEMBER 27, 2007
07 -103 SHEET 2 O 3
O
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C1T
a�
�umvt IAbLL
CURVE
LENGTH
RADIUS
DELTA
TANGENT
CHORD
CHORD BEARING
Cl
268.88'
1185.00'
13'00'02"
135.02'
268.30'
S79'09'25 "W
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370.37'
1330.00'
15
186.39"
369.17'
N77'40' 46 "E
C3
302.00'
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301.36'
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MONTGO E Y
461fghreeriffg gaup,
1 711,0.
180 -9 Prosperity Or. (540) 450 -3236 VOICE
Wiv&,steq VA 22602 (540) 450 -3235 F"
—. www.MEG'mco¢
PLAT SHOWING
BOUNDARY UNE ADJUSTMENT
BETWEEN THE PROPERTIES OF
EFG, LC
AND
JOBAUE, LLC
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 200'
DATE: NOVEMBER 27, 2007
07-103 SHEET 3 OF 3
• •
a
VI RC INIA: FREDERICK COUNTY.SCT.
This instrument of writing was produced to me on
�a'�9'4� at fJ�3JAn'1
an with a:i9iAcute ackaoaiceiecmcw thereto annexed
was adnritt.d to record. Fax impaled by Sec. 53.1 -802 of
S ag 12q and 58.1-101 have been paid, if assessable.
Clerk
0 0
Figure '1
APOTESTA I
SCALE: 1"=50,000' Vicinity Map
PROJECT Noo01 -07 -0496 I Frederick ck County, Virgin an
Figure 1
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POTESTA I
SCALE: V�50,000'
PROJECT 3 -07 -0496
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Winchester Harley Davidson
Frederick County, Virginia
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NOTES: . w vp
1. THE BOUNDARIES SHOWN HEREON ARE THE RESULT OF A FIELD RUN SURVEY.
2. FOR CLARITY NO ARE EASEMENTS SHOWN. EASEMENTS AND /OR OTHER ENCUMBRANCES
EXIST UPON THE SUBJECT PROPERTY WHICH ARE NOT SHOWN HEREON.
i
I
64— A -159E I �r
\\ EFG, LC �aD
\ /\ INST. #524
—{ EX. RA ZONING / \ 14.0596 596 Ac Ac.
\ BOUNDARY \
\ j I
\ N61' „ E 471.39'
M L4 �
s J EX. B2 ZONING i.
Z 3 0.2934 ACRES BOUNDARY
of CURRENTLY ZONED RA 00 W
C) TO BE REZONED TO B2 I� Y
N 64- A -159T I a N
i Z 273.10 JOBALIE, LLC ,n o Ld
/ — I #040012394 Q a
S61'40 50 7�: 8,2858 ACRES w 3 3
64- A -159E - 0 � cr
EFG, LC o M I ° r'
INST. #030019524 0) 4 I N
\96 Ac. NI N N
z
\ Cl 2 165.00'
S65704'18 „W 561'40'44 "W
INDEPENDENCE DRIVE 49 .81' '38 "E
60' R/W
LINE TABLE
LINE
CURVE TABLE
BEARING
Lt
CURVE
LENGTH
RADIUS
DELTA
ITANGENT
CHORD
ICHORD BEARING
S45'26'29 "E
L4
Cl
68.36'
1330.00'
2'56'42"
1 34.19'
68.35'
1 S71'10'28 "W
LINE TABLE
LINE
LENGTH
BEARING
Lt
110.81'
N28'19'10 "W
L2
115.41'
N61'40'50 "E
L3
89.38'
S45'26'29 "E
L4
143.98'
S51'31'27 "W
Lic. No. 2342
03 —Cas�_ °$
PROPERTY OF JOBALIE, LLC
TO BE REZONED
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 150'
DATE: MARCH 5, 2008
JOB # 07 -103 SHEET 1 OF 1
GRAPHIC SCALE
0 75 150 300
1 inch = 150 ft_
PLAT SHOWING
REZONING APPLICATION #02 -08
GROVE'S WINCHESTER HARLEY - DAVIDSON
Staff Report for the Planning Commission
Prepared: March 17, 2008
Staff Contact: Candice E. Perkins. AICP, Senior Planner
This report is prepared by the Frederick County Planning Staff to! provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 04/02/08 Pending
Board of Supervisors: 04/23/08 Pending
PROPOSAL To rezone 0.2934 acres from the RA (Rural Areas) District to the 132 (Business
General) District with proffers to accommodate a parking lot expansion.
LOCATION The property is located at the corner of Independence Drive (Route 1092) and
Millwood Pike (Route 50).
MAGISTERIAL DISTRICT Shawnee
PROPERTY ID NUMBER: 64- A -159T
PROPERTY ZONING RA (Rural Areas) District
PRESENT USE Commercial and Vacant
ADJOINING PROPERTY ZONING & PRESENT USE
North:
B2 (Business General)
Use:
Vacant
South:
B2 (Business General)
Use:
Commercial and Vacant
East:
Route 50
Use:
N/A
M1 (Light Industrial)
Use:
Industrial
West:
B2 (Business General)
Use:
Vacant
RA (Rural Areas)
Use:
Vacant
PROPOSED USES Parking for the existing Harley Davidson Facility
0 0
Rezoning 402 -08 — Grove's Winchester Harley- Davidson
March 17, 2008
Page 2
REVIEW EVALUATIONS:
Public Works: We have no comments related to the proposed rezoning.
Frederick County Attorney: I have reviewed the proposed proffer statement for this matter and have
the following comments: The rezoning map on the GIS internet system shows that the parcel is already
zoned B3. I am assuming that a portion of the parcel may be so zoned but that the remainder must be
RA and that the GIS systemjust does not show that. Please let me know if the explanation is otherwise.
The GIS system also shows the size of the entire parcel to by 6.29 acres and not 8.28 acres as indicated
in the proposed proffer statement (the Commissioner of the Revenue's system shows 8.29 acres). The
heading information in the proposed proffer statement also states that the area to be rezoned is 0.2934
acres, but the response in item 9 of the application fonn states that the proposed use will be a parking
lot of approximately 77,000 square feet (greater than 1.5 acres). Is the rest of the proposed parking lot
on a portion of the entire parcel which is already zoned to permit the lot? If so, it would be helpful if
the application so stated that fact. If not, an explanation of the discrepancy is needed. The applicant
will need to submit a plat showing the specific location of the area to be i;ezoned. Subject to the above
continents, the proposed proffer statement is otherwise acceptable. I offer here some further comments,
concerning the rezoning application form itself, although I recognize that the applicant may already by
planning on addressing these matters: The applicant will need to identify all of its stockholders (or
other owners of interest in the LLC, however titled), officers, and directors (or, in the case of an LLC, if
so titled, managers of the LLC). Ms. Grove will also need to state the capacity (title) in which she is
acting for Jobalie, LLC.
Staff Note: The revised proffers dated January 9, 2008 have addressed the County Attorney
Comments.
Planning Department:
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the
subject area as being zoned Ml (Light Industrial) and A -2 (Agricultural General). The County's
agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District
upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989.
The corresponding revision of the zoning map resulted in the re- mapping of the subject property
and all other A -1 and A -2 zoned land to the RA District.
The M1 zoning on this site was changed to B2 (Business General) with Rezoning # 33 -87 which
was approved by the Board of Supervisors on October 14, 1987. Originally parcel 64- A -159T ,
consisted of 6.28 acres and on November 7, 2007 a boundary line adjustment was approved
which added 1.17 acres of land from parcel 64- A -159E which was already zoned B2 and also
added .2934 acres of land from parcel 64 -A -159 which was zoned RA.
0 0
Rezoning 902 -08 —Grove's Winchester I arley- Davidson
March 17, 2008
Page 3
2) Comprehensive Poliev Plan
The Frederick County Comprehensive Policy 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.
[Comprehensive Policy Plan. p. 1 -1J
Land Use
This site is covered by the Frederick County Eastern Long Range Land Use Plan of the
Comprehensive Policy Plan and is identified for commercial uses. This rezoning request is
proposing B2 Zoning and is therefore consistent with the Comprehensive Policy Plan.
Site Access
The site will be accessed off ol'the existing entrance into Independence Drive for the Grove
Harley Davidson.
3) Proffer Statement - Dated January 9, 2008
• The use of the .2934 acres shall be limited to off street parking.
• Access to the .2934 acres shall be via the existing Harley Davidson entrance on
Independence Drive.
STAFF CONCLUSIONS FOR 04/02/08 PLANNING COMMISSION MEETING:
This is an application to rezone .2934 acres from the RA (Rural Areas) District to the B2 (Business
General) District with proffers to accommodate a proposed parking lot expansion for the existing
Harley Davidson Facility. The land use proposed in this application is consistent with the goal of the
Comprehensive Policy Plan and has addressed all of staffs concerns.
A recommendation by the Planning Commission to the Board of Supervisors concerning this
rezoning application would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
fi
03-31-2001