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HomeMy WebLinkAbout02-12 Application• 1 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 2012 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #02 -12, RENAISSANCE COMMERCIAL CENTER PINS: 75 -A -2C and 75 -A -211 Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of March 14, 2012. The above - referenced application was approved to rezone 8.9817 acres from the B3 (Industrial Transition) District and 0.4989 acres from the RA (Rural Areas) District to the B2 (General Business) District; and, 1.5527 acres from the B3 District and 0.1439 acres from the RA District to the B3 District, totaling 11.1772 acres, with proffers, for commercial use. The properties are located on the west side of Valley Pike (Route 1 I South), approximately Y2 mile south of the Route 37 interchange near Interstate 81 Exit 310, in the Back Creek Magisterial District. The proffer statement, originally dated November 30, 2011, with final revision date of January 18, 2012, that was approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Candice E. Perkins, AICP Senior Planner CEP /bad Attachment cc: Gary A. Lofton, Board of Supervisors, Back Creek District Greg Unger and Kevin Crosen, Back Creek Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Rod Williams, County Attorney w /Proffer and Resolution Bowman- Shoemaker Cos., Inc., Alizarin Crimson LLC, PO Box 480, Stephens City, VA 22655 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 REZONING APPLICATION #02 -12 RENAISSANCE COMMERCIAL CENTER Staff Report for the Board of Supervisors Prepared: March 5, 2012 Staff Contact: Candice E. Perkins, AICP, Senior Planner Reviewed Action Planning Commission: 02/15/12 Recommended Approval Board of Supervisors: 03/14/12 Pending PROPOSAL To rezone 8.9817 acres from the B3 (Industrial Transition) District and 0.4989 acres from the RA (Rural Areas) District to the B2 (General Business) District; and, 1.5527 acres from the B3 District and 0.1439 acres from the RA District to the B3 District, totaling 11.1772 acres, with proffers, for commercial use. LOCATION The properties are located on the west side of Valley Pike (Route 11 South), approximately' /2 mile south of the Route 37 interchange near Interstate 81 Exit 310. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/14/12 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 11.1772 acres of land from the B3 (Industrial Transition) and RA (Rural Areas) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts with proffers, to accommodate commercial uses. With this rezoning, the applicant has proffered to dedicate the necessary right -of -way to construct Renaissance Drive and Prosperity Drive as outlined in the Revenue Sharing Agreement in place for this development. 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. C Rezoning 902 -12 Renaissance Commercial Center March 5, 2012 Page 2 i 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: 02 /15/12 Recommended Approval Board of Supervisors: 03/14/12 Pending PROPOSAL To rezone 8.9817 acres from the B3 (Industrial Transition) District and 0.4989 acres from the RA (Rural Areas) District to the B2 (General Business) District; and, 1.5527 acres from the B3 District and 0.1439 acres from the RA District to the B3 District, totaling 11.1772 acres, with proffers, for commercial use. LOCATION The properties are located on the west side of Valley Pike (Route 11 South), approximately ' /z mile south of the Route 37 interchange near Interstate 81 Exit 310. MAGISTERIAL DISTRICT Back Creek PROPERTY ID NUMBERS 75 -A -2C and 75 -A -2R PROPERTY ZONING 133 (Industrial Transition) and RA (Rural Areas) Districts PRESENT USE Vacant/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE North: B2 (Business General) District Use: Office B3 (Industrial Transition) District Use: Heavy Commercial South: RA (Rural Areas) District Use: Church, Agricultural B3 (Industrial Transition) District Use: Office East: B2 (Business General) District Use: Office and Commercial B3 (Industrial Transition) District Use: Heavy Commercial West: RA (Rural Areas) District Use: Agricultural Ml (Light Industrial) District Use: Undeveloped Rezoning #02 -12 Renaissance Commercial Center March 5, 2012 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone the subject property appears to have a measurable impact on Route 11. The route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers and plats offered in the Renaissance Commercial Center rezoning application dated November 30, 2011 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal Plans approved as submitted. Public Works Department: The Public Works Department supports the proposed rezoning of parcels #75 -A -2C and 75 -A -2R as presented in Greenway Engineering, Inc.'s rezoning application dated December 16, 2011. Sanitation Authority: There is sufficient sewer capacity and water capacity and pressure to serve this site. Service Authority: No comments. Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Frederick County Attorney: Please see attached letter dated January 3, 2012, from Roderick B. Williams, County Attorney. Transportation: This letter will serve as my comment on the Renaissance Commercial Center Rezoning. I am satisfied that the transportation proffers contained in your application are sufficient to aid in the improvement of the transportation network serving the subject property. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City, VA Quadrangle) depicts the zoning for the two subject parcels as B2 (Business General) District. Parcel 75 -A -2C was historically zoned B2 and, therefore, there are no proffers associated with this parcel. The portion of parcel 75 -A -2C that is currently zoned RA (Rural Areas) District was originally part of Parcel 74 -A -71, which was historically zoned B2 (Business General) r 0 Rezoning 402 -12 Renaissance Commercial Center March 5, 2012 Page 4 District but was subsequently down -zoned to the RA (Rural Areas) District on May 10, 1989. This area was adjusted into parcel 75 -A -2C to accommodate the construction of Renaissance Drive. With Rezoning 411 -98, Parcel 75 -A -2R (75 -A -2R was part of 75 -A -2D when the site was rezoned) was rezoned to the B3 (Industrial Transition) zoning district with proffers. The proffer that pertains to this property was for the future road connection that is covered by the Revenue Sharing Agreement that is currently in place. 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. [2007 Comprehensive Policy Plan, p. I -1 ] Land Use. The subject properties are within the limits of the Sewer and Water Service Area (S WSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial and industrial development will occur. The properties are also within the limits of the Southern Frederick Land Use Plan. The plan shows this area with a business and commercial land use designation. The applicant is requesting a rezoning to the 132 (Business General) and the B3 (Industrial Transition) Zoning Districts and, therefore, this requested rezoning is in general conformance with the Comprehensive Policy Plan. Site Access and Transportation. The Eastern Road Plan of the Frederick County Comprehensive Policy Plan identifies a new east -west major collector road running through this development which would connect Valley Pike (Route 11) to Shady Elm Road. Prosperity Drive would also be extended from its current terminus and would intersect with this new road. It should be noted that a Master Development Plan for the Renaissance Commercial Center was approved for this development on November 11, 2007. The D4DP provides for this roadway (Renaissance Drive) on the subject property (from Valley Pike to the western limits of the development) as well the construction of two lanes of Prosperity Drive that will intersect with Renaissance Drive. It is also important to note that this development is also participating in a Revenue Sharing Project to implement the proposed Renaissance Drive improvements and the extension of Prosperity Drive to connect to Renaissance Drive. These improvements will allow for the development of the first phase of this roadway (two of four future lanes for Renaissance Drive) as well as a new signalized intersection at Renaissance Drive and Valley Pike. The Applicant has entered into a Revenue Sharing Agreement with Frederick County that provides $1,001,000.00 of private investment to satisfy the local match for the Project. Frederick County will manage this project. 0 0 Rezoning #02 -12 Renaissance Commercial Center March 5, 2012 Page 5 3) Proffer Statement — Dated November 30, 2011 and revised on January 18, 2012. A) Renaissance Drive Right -of -Way Dedication: The Applicant has proffered to dedicate a variable width right -of -way to Frederick County to allow for the construction of Renaissance Drive as described in the Revenue Sharing Agreement. The plat for this right -of -way shall be recorded within 30 days of final rezoning approval. The Applicant has proffered to dedicate an 80 foot right -of -way on a portion of parcel 75 -A -2C to allow for the future extension of Renaissance Drive from the limits of the project described in the Revenue Sharing Agreement to the CSX railroad right -of -way. This right -of -way shall be provided at no cost to the County and shall be provided within 90 days of written request. B) Land Use Restrictions: The Applicant has proffered that Truck Stops (SIC 5541) and Adult Retail shall be prohibited on the subject properties. C) Fire and Rescue Monetary Contribution: The Applicant has proffered to provide $0.05 per square foot of structural development for all land uses on the subject properties. PLANNING COMMISSION SUMMARY & ACTION OF THE 02/15/12 MEETING The representative for this rezoning application, Mr. Evan A. Wyatt with Greenway Engineering, stated that the County and the applicant have been working in a partnership to advance transportation improvements prior to development, which is the basis for the revenue sharing agreement. He said a land swap was accomplished with an adjacent property owner which allowed the applicant to obtain right -of -way access the County needed down to the railroad tracks. Mr. Wyatt said the project is proposing a new urban collector road link between Shady Elm and Route 11. He said this first phase preserves the revenue funds and sets up an opportunity for a second project that could potentially extend the road through the Artillery project for a full connection. He added this area was determined to be necessary to advance some of the projects VDOT is pursuing with Exit 310 and will provide alternative routing for the County in the future, should access be lost. He commented that most, if not all, of the transportation issues are mitigated and the proffers commit to the right -of -way dedication. Mr. Wyatt said the sole means of access will be off Renaissance Drive and there will be no access on Route 11. There were no citizen comments. No issues or concerns were raised by the Planning Commission. A motion was made, seconded, and unanimously passed to recommend approval of the rezoning with the proffers offered by the applicant. (Note: Commissioners Thomas, Triplett, Mohn, and Crosen were absent from the meeting.) 0 Rezoning ##02 -12 Renaissance Commercial Center March 5, 2012 Page 6 0 STAFF CONCLUSIONS FOR THE 03/14/12 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 11.1772 acres of land from the B3 (Industrial Transition) and RA (Rural Areas) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts with proffers to accommodate commercial uses. With this rezoning, the applicant has proffered to dedicate the necessary right -of -way to construct Renaissance Drive and Prosperity Drive as outlined in the Revenue Sharing Agreement in place for this development. 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. 0 0 REZONING APPLICATION #02 -12 RENAISSANCE COMMERCIAL CENTER Staff Report for the Planning Commission Prepared: January 27, 2012 Staff Contact: Candice E. Perkins, AICP, Senior Planner Reviewed Action Planning Commission: 02/15/12 Pending Board of Supervisors: 03/14/12 Pending PROPOSAL To rezone 8.9817 acres from the 133 (Industrial Transition Business) District and 0.4989 acres from the RA (Rural Areas) District to the B2 (General Business) District; and, 1.5527 acres from the 133 District and 0.1439 acres from the RA District to the B3 District, totaling 1 1.1772 acres, with proffers, for commercial use. LOCATION The properties are located on the west side of Valley Pike (Route 11 South), approximately Y2 mile south of the Route 37 interchange near Interstate 81 Exit 310. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/15/12 PLANNING COMMISSION MEETING: This is an application to rezone a total of 11.1772 acres of land from the B3 (Industrial Transition) and RA (Rural Areas) Districts to the 132 (Business General) and B3 (Industrial Transition) Districts with proffers, to accommodate commercial uses. With this rezoning, the applicant has proffered to dedicate the necessary right -of -way to construct Renaissance Drive and Prosperity Drive as outlined in the Revenue Sharing Agreement in place for this development. The land use proposed in this application is consistent with the goal of the Comprehensive Policy Plan and has addressed all of staffs concerns. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. 0 Rezonins #02 -12 Renaissance Commercial Center January 27, 2012 Page 2 0 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and llte Board of Supervisors to assist then? in making a decision on this application. It may also be useful to others interested in this Zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 02/15/12 Pending Board of Supervisors: 03/14/12 Pending PROPOSAL To rezone 8.9817 acres from the 133 (Industrial Transition Business) District and 0.4989 acres from the RA (Rural Areas) District to the B2 (General Business) District; and, 1.5527 acres from the B3 District and 0.1439 acres from the RA District to the 133 District, totaling 11.1772 acres, with proffers, for commercial use. LOCATION The properties are located on the west side of Valley Pike (Route I I South), approximately '' /z mile south of the Route 37 interchange near Interstate 81 Exit 310. MAGISTERIAL DISTRICT Back Creek PROPERTY ID NUMBERS 75 -A -2C and 75 -A -2R PROPERTY ZONING B3 (Industrial Transition) and RA (Rural Areas) Districts PRESENT USE Vacant /Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE North: B2 (Business General) District Use: Office B3 (Industrial Transition) District Use: Heavy Commercial South: RA (Rural Areas) District Use: Church, Agricultural 133 (Industrial Transition) District Use: Office East: B2 (Business General) District Use: Office and Commercial 133 (Industrial Transition) District Use: Heavy Commercial West: RA (Rural Areas) District Use: Agricultural Ml (Light Industrial) District Use: Undeveloped 0 0 Rezoning #02 -12 Renaissance Commercial Center January 27, 2012 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone the subject property appears to have a measurable impact on Route 11. The route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers and plats offered in the Renaissance Commercial Center rezoning application dated November 30, 2011 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual. Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal Plans approved as submitted. Public Works Department: The Public Works Department supports the proposed rezoning of parcels #75 -A -2C and 75 -A -2R as presented in Greenway Engineering, Inc.'s rezoning application dated December 16, 2011. Sanitation Authoritv: There is sufficient sewer capacity and water capacity and pressure to serve this site. Service Authority: No comments. Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Frederick Countv Attornev: Please see attached letter dared January 3, 2012, from Roderick B. Williams, County Atlorney. Transportation: This letter will serve as my comment on the Renaissance Commercial Center Rezoning. I am satisfied that the transportation proffers contained in your application are sufficient to aid in the improvement of the transportation network serving the subject property. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City, VA Quadrangle) depicts the zoning for the two subject parcels as B2 (Business General) District. Parcel 75 -A -2C was historically zoned B2 and, therefore, there are no proffers associated with this parcel. The portion ot'parcel 75 -A -2C that is currently zoned RA (Rural Areas) District was originally part of Parcel 74 -A -71, which was historically zoned B2 (Business General) 0 0 Rezoning #02 -12 Renaissance Commercial Center January 27, 2012 Page 4 District but was subsequently down -zoned to the RA (Rural Areas) District on May 10, 1989. This area was adjusted into parcel 75 -A -2C to accommodate the construction of Renaissance Drive. With Rezoning 911 -98, Parcel 75 -A -2R (75 -A -2R was part of 75 -A -2D when the site was rezoned) was rezoned to the B3 (Industrial Transition) zoning district with proffers. The proffer that pertains to this property was for the future road connection that is covered by the Revenue Sharing Agreement that is currently in place. 2) Comprehensive Poliev Plan The Frederick County Comprehensive Policy Ptan 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. [2007 Comprehensive Policy Plan, p. 1 -1] Land Use. The subject properties are within the limits of the Sewer and Water Service Area (S W SA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial and industrial development will occur. The properties are also within the limits of the Southern Frederick Land Use Plan. The plan shows this area with a business and commercial land use designation. The applicant is requesting a rezoning to the B2 (Business General) and the B3 (industrial Transition) Zoning Districts and, therefore, this requested rezoning is in general conformance with the Comprehensive Policy Plan. Site Access and Transportation. The Eastern Road Plan of the Frederick County Comprehensive Policy Plan identifies a new east -west major collector road running through this development which would connect Valley Pike (Route 1 1) to Shady Elm Road. Prosperity Drive would also be extended from its current terminus and would intersect with this new road. It should be noted that a Master Development Plan for the Renaissance Commercial Center was approved for this development on November 11, 2007. The MDP provides for this roadway (Renaissance Drive) on the subject property (from Valley Pike to the western limits of the development) as well the construction of two lanes of Prosperity Drive that will intersect with Renaissance Drive. It is also important to note that this development is also participating in a Revenue Sharing Project to implement the proposed Renaissance Drive improvements and the extension of Prosperity Drive to connect to Renaissance Drive. These improvements will allow for the development of the first phase of this roadway (two of four future lanes for Renaissance Drive) as well as a new signalized intersection at Renaissance Drive and Valley Pike. The Applicant has entered into a Revenue Sharing Agreement with Frederick County that provides $1,001,000.00 of private investment to satisfy the local match for the Project. Frederick County will manage this project. 9 0 Rezonin.- #02 -12 Renaissance Commercial Center January 27, 2012 Pa , -e 5 3) Proffer Statement — Dated November 30, 2011 and revised on January 18, 2012. A) Renaissance Drive Rig„ ht- of -Wav Dedication: The Applicant has proffered to dedicate a variable width right -of -way to Frederick County to allow for the construction of Renaissance Drive as described in the Revenue Sharing Agreement. The plat for this right -of -way shall be recorded within 30 days of final rezoning approval. The Applicant has proffered to dedicate an 80 foot right -of -way on a portion of parcel 75 -A -2C to allow for the future extension of Renaissance Drive from the limits of the project described in the Revenue Sharing Agreement to the CSX railroad right -of -way. This right -of -way shall be provided at no cost to the County and shall be provided within 90 days of written request. B) Land Use Restrictions: The Applicant has proffered that Truck Stops (SIC 5541) and Adult Retail shall be prohibited on the subject properties. C) Fire and Rescue Monetary Contribution: The Applicant has proffered to provide $0.05 per square foot of structural development for all land uses on the subject properties. STAFF CONCLUSIONS FOR THE 02/15/12 PLANNING COMMISSION MEETING: This is an application to rezone a total of 11.1772 acres of land from the 133 (Industrial Transition) and RA (Rural Areas) Districts to the B2 (Business General) and 133 (Industrial Transition) Districts with proffers to accommodate commercial uses. With this rezoning, the applicant has proffered to dedicate the necessary right -of -way to construct Renaissance Drive and Prosperity Drive as outlined in the Revenue Sharing Agreement in place for this development. 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 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. • 0 UNITED STATES FMENT OF THE INTERIOR EOLOGICAL SURVEY COMMONWEAL? DIVISION OF MIN x,rtll . , T T. Tnn ti SA2R r. 75 A 2M j ;. l i am' ��mi MEN �QpII 7k3flflil U mao EFjL� � 75 3 'Sr "� O REZ0212 _RenaissanceCommercieCenter Q Parcels r� Building Footprints 61 (Business, Neighborhood District) B2 (Business, General Distrst) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (industrial, Light District) M2 ( Industrial, General District) 4M 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 Area District) RP ( Residential Performance District) REZ #02 -12 Renaissance Commercial Center PIN: 75 -A -2C 75 -A -2R 176,800 so ft Commercial 0 75 150 300 Feet Note: Frederick County Dept of Planning DDevelopment 107 N Kent St Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: Jan 25, 2012 Staff: cperkins REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: cp Fee Amount Paid $ Zoning Amendment Number ,' Date Received J. G PC Hearing Date �, I15 /� ;1305 Hearing Date - /A4 ;V/J r 'l / N. Wr; „ zc e'. w;'^ -„• - .Y+ a, .. ° „3a r �"'a4`"a�' . .y f' :a'r: +� e'iv �:.._ ..W c i a v ?& ?w 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: Gree Engineering. Inc. Telephone: 540 - 6624185 Address: 1 51 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above) Name: bowman - shoemaker Companies, Inc. &Alizarin crimson LLc Telephone: 540 -869 -1800 Address: Po Box 480 Stephens City, VA 22655 3. Contact person if other than above Name: Evan Wyatt, AICP Telephone: 540- 66 2 -41 4. Checklist: Check the following items that have been included with this application. Location map x Agency Comments x Plat x Fees x Deed to property x Impact Analysis Statement x Verification of taxes paid x Proffer Statement x 12 0 0 5. 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: Beverley B. Shoemaker - Bowman- Shoemaker Companies, Inc. Beverley B. Shoemaker - Alizarin Crimson, LLC 6. A) Current Use of the Property: commercial & Unimproved B) Proposed Use of the Property: commercial 7. Adjoining Property: PARCEL ID NUMBER 74 -A -68; 74 -A -71 74 -A -12 75 -A -1 75 -A -2H; 75 -A -20 75 -A -2; 75 -A -2A; 75 -A -2B USE Agricultural Church Unimproved Commercial Commercial & Unimproved ZONING RA District RA Distr M1 District B3 District B2 Dist 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): West side of Valley Pike (US Route 11 South); approximately 112 -mile south of the Route 37 interchange near Interstate 81 Exit 310 13 0 • 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Non - Residential Lots: Townhome: Mobile Home: Multi - Family: Hotel Rooms: Office: Retail: Restaurant: 10. Signature: Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: Other: 1'/9,000 sq,ft wmmerclel 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): �Lka n Itil )RU) Date: II 30 /UI Date: Owner(s): {tiQej1 rru Y,?ili rY(� Date: i -19 - I Z Date: 14 0 0 .:ADJOINING PROPERTY OWNERS ;x 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 is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick Countv Administrative Building, 107 North Kent Street. Name and Property Identification Number Address NameSEE ATTACHED ADJOINING PROPERTIES MAP EXHIBIT TABLE Property #AND OWNER INFORMATION Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 15 Renaissance Commercial Center (File 4613) Tax Map Number Owner Address City and State ZIP Acreage(GIS) Zoning Land Use Deed Book Page Iust.Year Inst. Number 74 A 68 CARBAUGH HENRY I TRUSTEE 831 SHADY ELM RD WINCHESTER VA 22602 98.369306RA 5 10 12007 157 74 A 71 BRIM STEPHEN D ETALS 254 W QUEEN ST STRASBURG VA 22657 32.730557 RA 5 0 2009 123 75 A 1 VENTURE I OF WINCHESTER LLC 827 ARMISTEAD9 WINCHESTER VA 22601 40.838258 M3 5 0 2006 24270 75 A 2 BOWMAN - SHOEMAKER COMPANIES INC PO BOX 480 STEPHENS CITY VA 22655 7.680793 B2 4 0 2005 14247 75 A 2A COMMONWEALTH OF VIRGINIA PO BOX 2249 STAUNTON VA 24402 2.46005 B2 72 447 143 0 0 75 A 2B ALIZARIN CRIMSON LLC PO BOX 480 STEPHENS CITY VA 22655 3.138332 B2 4 0 2006 1096 7S A 2H NEWLIN CARLTON R 2984 WARDENSVILLE GRADE WINCHESTER VA 22602 2.45865 B3 4 974 1699 0 9218 75 A 2Q PIPPIN ENTERPRISES LLC 164 MEADOW TRACE LN MIDDLETOWN VA 22645 1.784792 B3 4 0 2003 13575 75 A 12 CHURCH OF CHRIST OF C/O RARRIE HEISHMAN 4661 MIDDLE RD WINCHESTER VA 22602 23.364656 RA 74 555 774 0 0 Adjoining Properties Listing Source: Frederick County GIS Department, October 2011 Data Page 1 of 1 74 A 68 r` C7 Z Renaissance Commercial Center a Rezoning -Adjoining Properties z Z a W e N y L� _ d Z Mpp pT W _ a �m =mot � yn 75 A 2B W W H � LU Z W 2 m 75 A 2 p Q � CD Z W Z_ X �� Z w Z U 0 � 75 A 2B 75 A 2H 75 A 2C Data Source: Frederick County, Va. GIS Department, August 2010 Data; Greenway Engineering w 2 m 74 A 71 F X w Z � U) 2 0 U J W U x w 75 A 12 U F w J 2 5; 75 A 2A a O za a z° Q`� 2 O F- Ur 9 O U w Z 2 O O r w V L �� W Z Z O Y U O a m 1 Parcels To Be Rezoned a U) o ¢ W D! 2 W w / o o Parcel Boundary y . Feet Z ILL! Y Q 4L a N N L s 0 Adjoining Properties ��' 200 100 0 200 400 T w \� ° w 75 A 2H 75 A 2C Data Source: Frederick County, Va. GIS Department, August 2010 Data; Greenway Engineering v g O �� l ie C h I O• cli' ° Cj V _ I N 3 0 I T.M. 75 -A -20 o N PIPINIST.ENo.R030 0 135 75 C ZONE B3 USE: COMMERCIAL W 368.54' a 592, E� I TAX PARCEL 75 -A -2R 1.6927 ACRES (TOTAL) S 4?3 ZONE: B3 n E CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT I CHORD BEARING CHORD LENGTH Cl 06'51'06" 428.28' 51.22 25.64' N 6926'18" E 51.19' C2 2735 330.00' 158.93" 81.04' N 5751'50" E 15740' C3 82'5727" 25.00' 36.20' 2210' N 85'32'45" E 33.12' T.M. 75 -A-2H CARLTON R. NEWLIN DB 974 PG 1699 ZONE: B3 USE: COMMERCIAL T.M. 75 -A -2 BOWMAN- SHOEMAKER COMPANIES, INC. INST. No. 050014247 SEE INST No. 070017367 ZONE. B2 USE. VACANT T ? 21 , I S 52'58'3 - ' rr!is W- � ~�O V ti ?---� 2 E E - 1,082.42 (TOTAL) r .... • • , , • • , , . , .' .' .' . 82' ..... t•. o .' .' .' .' .' .' .' .' 3 o T 75 -A -2B . 182.208 .. ....... . . .... Z = I INST. No. 060001096 ' . ....... N N U USE' COMMERCI4L 3 '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.' . .'.'.'.'.'.'..'.'.'.'.'.'.'.'.' �ID) . ................ 6 6!2 S S 52'01 '40 _ E 474.77' TAX PARCEL . ... . .... . ... 2 � 2 . 75 -A -2C ' ..........I ................. ' 9.4806 ACRES o o N N 52'01'40* W - j , .' , .'.'.'... - 475.00' .O p pn T T.M. 75 -A -2A C T.M. 75 -A -12 TRUSTEES OF THE CHURCH OF CHRIST OF WINCHESTER, VIRGINIA DB 555 PG 774 ZONE RA USE. CHURCH IINF nATA LINE BEARING DISTANCE L 1 N 38'03'26" E 54.32' L2 N 71'39'39" E 140.66' L3 N 4705'23" E 81.25' L4 S 3522'09" W 75.00' L5 N 470523" E 4799' L6 N 48'21'56" E 135.69' L7 S 44'09'21 " W 223.20' L8 S 38'03'26" W 80.01 ' NOTES CURRENT OWNER OF RECORD: TAX PARCEL 75 -A -2C = BOWMAN - SHOEMAKER COMPANIES, INC. SEE INST. No. 110001988, 070017367, 050004465 & 050004466. TAX PARCEL 75 -A -2R = ALIZARIN CRIMSON, LLC SEE INST. No. 110001988 & 06001J844. THE BOUNDARY INFORMATION SHOWN HEREON HAS BEEN PREPARED FROM AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A BOUNDARY SURVEY OF THE PARCELS OR ANY PORTION OF THE BOUNDARY LINES. 0� "o o C) a r, ,A �r u �a a�� Wo 150 0 - - 150 ®ice GR4PH/C SCALE (IN FEET) ZONING LEGEND E PORTION OF T.M. 75 -A -2C = 8.9817 ACRES CURRENT ZONE: B3 PROPOSED ZONE: 82 E PORT70N OF T.M. 75 -A -2C = 0.4989 ACRE CURRENT ZONE: RA PROPOSED ZONE: 82 ® POR710N OF T.M. 75 -A -2R = 0.1439 CRE CURRENT ZONE. RA ` PROPOSED ZONE. B3 I ti z a Nh mc 0 00 29 _ N _ v C5 C tb h W Lu mc 4j v z"a � o r �Ww J J Q Z z � 0 V) ' U Z z Q < 0 m ; J u U < n o: p p w Z za w° X < LLJ ? Q U L i w Lo Z w a� U U ® w 1� ® Y V w 0 x i a 0 m DATE: JAN. 18, 2012 SCALE: 1' - 150' DRAWN 8Y: RAE FILE NO. 4613 SHEET 1 OF 1 NOTES CURRENT OWNER OF RECORD: TAX PARCEL 75 -A -2C = BOWMAN - SHOEMAKER COMPANIES, INC. SEE INST. No. 110001988, 070017367, 050004465 & 050004466. TAX PARCEL 75 -A -2R = ALIZARIN CRIMSON, LLC SEE INST. No. 110001988 & 06001J844. THE BOUNDARY INFORMATION SHOWN HEREON HAS BEEN PREPARED FROM AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A BOUNDARY SURVEY OF THE PARCELS OR ANY PORTION OF THE BOUNDARY LINES. 0� "o o C) a r, ,A �r u �a a�� Wo 150 0 - - 150 ®ice GR4PH/C SCALE (IN FEET) ZONING LEGEND E PORTION OF T.M. 75 -A -2C = 8.9817 ACRES CURRENT ZONE: B3 PROPOSED ZONE: 82 E PORT70N OF T.M. 75 -A -2C = 0.4989 ACRE CURRENT ZONE: RA PROPOSED ZONE: 82 ® POR710N OF T.M. 75 -A -2R = 0.1439 CRE CURRENT ZONE. RA ` PROPOSED ZONE. B3 I ti z a Nh mc 0 00 29 _ N _ v C5 C tb h W Lu mc 4j v z"a � o r �Ww J J Q Z z � 0 V) ' U Z z Q < 0 m ; J u U < n o: p p w Z za w° X < LLJ ? Q U L i w Lo Z w a� U U ® w 1� ® Y V w 0 x i a 0 m DATE: JAN. 18, 2012 SCALE: 1' - 150' DRAWN 8Y: RAE FILE NO. 4613 SHEET 1 OF 1 Z w a� U U ® w 1� ® Y V w 0 x i a 0 m DATE: JAN. 18, 2012 SCALE: 1' - 150' DRAWN 8Y: RAE FILE NO. 4613 SHEET 1 OF 1 x Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540- 665 -6395 Phone 540- 665 -5651 Know All Men By These Presents: That l (We) (Name) Bowman - Shoemaker Companies, Inc. (Phone) (540) 869 -1800 (Address) P O.Box 480 Stephens City, VA 22655 the owners) 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. 110001988 on Page. and is described as Parcel: 75 Lot: 2C Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Oreenway Engineering, Inc. (Phone) (540) 662 -4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attomey -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 application for my (our) above described Property, including: X Rezoning (Including proffers) ❑ Conditional Use Permit ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Variance or Appeal ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: 111l ht dul rization shall expire one year from the day it is signed, or until it is otherwise rescinded or O :e•• � tf eRl E U OF In wiCnesaereof, I (we) have hereto set my (our) hand and seal this k :;� •'� %'•C;1,i�igri�wrGZs) �1/i���,i� /minb�n,,Tl�n, ,,p . •..... �„ 'I R I 1w ,.•� State of Virginia, Cit ounty f �— feCiE_VI GL , To -wit: 1, S/Dt ACLL- H( 1� 7 Notary Public in and for thejurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appe�redYme me and has a n wledged the same before me in the jurisdiction aforesaid this day a C£ X i 6 2 0 1 2 , t l.�R , c/V i) My Commission Ex ices: Z 12– Notary Public Registration #: 2C 1 O Revised 3/17/08 0 • x Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540- 665 -6395 Phone 540- 665 -5651 Know All Men By These Presents: That I (We) (Name) Atizarin Crimson. LLC (Phone) (540) 869 -1800 (Address) P.O.Box 480 Stephens City VA 22655 the owner( s) of all those tracts or parcels of land ( "Properly ") 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. 110001988 on Page . and is described as Parcel: 75 Lot: 2R Block: A 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 application for my (our) above described Property, including: X Rezoning (Including proffers) ❑ Conditional Use Permit ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Variance or Appeal ❑ Comprehensive Policy Plan Amendment attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to 1J1 g • ,•• 6foojly approved proffered conditions except as follows: r� •. s U OF This authza t nott not modified_ '. te r, ••- � % t . , .,8t. ' {{'' O - • ... rgwririess thereof �'" -•• 'Signature(s) shall expire one year from the day it is signed, or until it is otherwise rescinded or I (we) have hereto set my (our) hand and seat this l C lo day I State of Virginia. City ount Pf Grreae,0'1� , To-wit: I, ' _ He��,Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, person ly appeaje�pe m � has ac ledged the same before me in the jurisdiction aforesaid this �_ ay oFF �t L My Commission Expires: 2-C, 21) 1 Z Notary Public Registration #: 7 10 Revised 3/17/08