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Home My WebLink About02-08 CommentsRezoning. Comments Frederick County Department of Public Works Mail to: Frederick County Dept. 01'Public Works Attn: DircctorofEngineering 107 North Kent Sveet Winchester, Virginia 22601 (540) 665 -5643 }land deliver to: Frederick Comity Dept. of Public Works Attu: Director of Engineering 107 North Kent Strect, Suite 200 Winchester. Virginia Applicant: Please 1 out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statemmrt, impact analysis, and any other pertinent information. Applicam'sNamc:__J LLC Telephone: 540- 662 -4468 Mailiue Address: 1038 Heth Place Winchester, VA 22601 Location of property: 140 Independence Drive Winchester, VA 22602 Current Zonin-: RA Zoning requested: B2 Acreage: .2934 Department of Public Works Comments: y�l e Kum vw c o v , � Public Works Signature & Date: Notice to Dept. of Public Worl<s lease 12chu•n This Form to the Applicant 19 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail: rwillia@co.frederick.va.us MEMORANDUM TO: Candice E. Perkins, AICP Senior Planner FROM: Roderick B. Williams p County Attorney 17 DATE: February 14, 2008 RE: Jobalie, LLC /Grove's Winchester Harley- Davidson, Inc. Rezoning — 0.2934 acres within Parcel ID Number 64- A -159T I have reviewed the proposed proffer statement for this matter and have the following comments: The zoning map on the GIS intemet 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 system just 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 be 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 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. 107 North Kent Street • Winchester, Virginia 22601 Candice E. Perkins, AICP February 14, 2008 Page 2 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 be planning on addressing these matters: o The applicant will need to identify all of its stockholders (or other owners of interests in the LLC, however titled), officers, and directors (or, in the case of an LLC, if so titled, managers of the LLC). G Ms. Grove will also need to state the capacity (title) in which she is acting for Jobalie, LLC. (\ COUNTY of FREDERICK TO: Roderick B. Williams, County Attorney n�� FROM: Candice E. Perkins, AICP, Senior Planner's"` RE: Rezoning Application Proffer Statement DATE: January 31, 2008 Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 Please find attached to this memorandum the proffer statement for the Winchester Harley Davidson Rezoning We would appreciate your review of the Proffer Statement. Thank you for your assistance. cc: I John Riley, Jr., County Administrator Attachments ;U trT C CEP /bad M c M CI i 7 Us ca 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 • • PROPOSED PROFFER STATEMENT REZONING: RA (Rural Areas) to B2 (Business General District) PROPERTY: 0.2934 acres to be zoned RA to B2, within total 8.28 acre B2 zoned property, Tax Map #64- A -159T RECORD OWNER: Jobalie, LLC APPLICANT: Jobalie, LLC PROJECT NAME: Grove's Winchester Harley- Davidson, Inc. — Parking Lot ORIGINAL DATE OF PROFFERS: January 9, 2008 REVISION DATE(S): N/A The undersigned hereby proffers that the use and development of the subject property ( "Property "), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the applicant ( "Applicant "), these proffers shall be withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which Frederick County Board of Supervisors (the "County") decision granting the rezoning may be contested in the appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the County which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. LAND USE PROFFER: Development on the 0.2934 acres rezoned property shall be limited to off - street parking lot and associated landscaping. This Proffer does not apply to remainder of TM64- A -159T property. n L� Respectfully submitted, JOBALIE, LLC By: Title: Date: STATE OF _, AT LARGE COUNTY, To -wit: The forgoing instrument was acknowledged before me this day of , 2008, by My commission expires: Notary Public: 0 0 Figure 1 REZONING APPLICATION FORik'I FREDERICK COUNTY, VIRGINIA be completed by Pla ming StgfJ` ing Amencbnent Number 1-learine Date Fee Amount Paid S Date Received 130S I-learine Date The followbW information shall be proi by the applicant: All parcel identification numbers, deed book and page numbes may be obtained ft'om the Office of the Commissioner of Revenue, Real Estate Division, 107 Nom•th (Cent Sheet, Winchester. 1. Applicant: Name: Jobalie, LLC Address: 1038 Heth Place Telephone: 540- 662 -4468 Winchester, VA 22601 2. Property , Owner (if different than above) Name: Address: 3. Contact person if other than above Telephone: Name: Joe Knechtel 1'elephone: 540- 450 -0180 4. Checklist: Check the folloNving items that have been included with this application. Location map x Agency Continents Plat x Fees x Deed to property x Impact Analysis Statement N/A Verification of taxes paid X Proffer Statement X 10 s. The Code of Virginia allows as to request full disclosure of ownership in relation to rezoning apPlicatimts. Please list below all owners or Parties in interest of the laud to be rezoned: 6. A) Current Use of the Property: Motore' B) Proposed Use of the Property: Motorc 7. Adjoining Property: PARCEL 1D NUMBER 64- A -159E 64 -A -159 -P 64 -A -159 -H 64 -A -158 USE Vacant e Sales e Sales Motorcycle s ales Vacant Construction Co. ZONING B2 Ml M1 M1 8. Location: The property is located at (give exact location based on nearest road and distance Siam nearest intersection, using road names and route numbers): Located at corner of Independence Drive and Millwood Pike (U.S. Rt. #50) 11 9. The following information shonld be provided according to the type of rezoning proposed Number of Units Proposed Single Family homes: Townhome: Multi- Pmnily: _ Non - Residential Lots: Mobile Home: Hotel Rooms: Sq uare Footage of Proposed Use Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: Parking /approx. 77,000 SF 10. Signature: I (wc), the undetsignecL do hereby respectfully make application and petition the Frederick Cocmty 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 most be placed at the front property line at least seven clays lrrior to the Planning Commission public heating and the Board of Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the hearing. 1 (\ee) hereby certify that this application and its accompanying materials are u'ue and accurate to the best of my (our) knowledge. Applicant(s): Date: 4 Date: Owner(s): Date: Date: 12