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Home My WebLink About08-04 ApplicationJuly 27, 2004 Mr. Ronald A. Mislowsky, P.E., Vice President PHR &A 117 East Piccadilly Street Winchester, VA 22601 Re: Toms, LLC Outback Restaurant Rezoning Request #08 -04 Dear Ron: to This letter is confirmation that 1 received, on behalf of the Frederick County Planning Department, your letter dated July 26, 2004, requesting that Outback Restaurant rezoning request #08 -04 be withdrawn. This request was for rezoning parcel 75A- 6- B -41B, located in the Back Creek Magisterial District, from B2 (General Business) to B2 with IA (Interstate Overlay). Sincerely, ark R. Cheran Interim Zoning Administrator cc: /7oms, LLC, PO Box 3243, Winchester, VA 22604 -a bara E. Van Osten, Back Creek Supervisor .Cordell Watt and reg L. Unger, Back Creek Commissioners MRC/bhd a RECOPY 107 North Kent Street Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 PHR Dear Mark, CORPORATE: Gio niiliy VIRGINIA offICES: :handily Bridgewater Fredericksburg leesbuig Richmond Virginia Beach Winchester Woodbridge LA BOR AIO RIE S: Chantilly redo r ic'ksbu rg MARYLAND OFFICES. 3ahimore Columbia :rederick Germantown Hollywood Wfsr VIRGINIA OFFICE. ,Martinsburg 26 July 2004 7 540.667.2139 F 540.665 0493 117 East Piccadilly Street Winchester, VA 22601 gilbew. clifford associates a division of Paton Harris Rust Associates, pc Engineers. Surveyors. Planners. tondscape Architects. Mr. Mark Cheran Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 RE: Toms, LLC Outback Restaurant Rezoning Request On behalf of Toms, LLC we request our request for rezoning parcel 75A -6 -B -4113 to B2 with IA overlay be withdrawn. Please let me know if you have any questions. Regards, PATTON HARRIS RUST ASSOCIATES, pc d A. Mislowsky, P.E., Vice Preside RAM /kf cc: Steve Wilson RECEIVED ll Il 2 6 2004 FREDEFEK COUNTY PLANNJ 8 DEVELOPMENT To be completed by Planning Staff: Zoning Amendment Number Ac d PC 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: Outback Steakhouse, Inc. Telephone: (813) 282 -1225 Address: 2202 North West Shore Blvd. Suite 500 2. Property Owner (if different than above) Name: Toms, LLC Address: P.O. Box 3243 Winchester, VA 22604 3. Contact person if other than above Name: Ron Mislowsky 4. Checklist: Check the following items that have been included with this application. Location Map Plat Deep of property Verification of taxes paid Tampa, FL 33604 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA X X N/A N/A eD Fee Amount Paid //0 d Date Received BOS Hearing Date Telephone: Agency Comments Fees Impact Analysis Statement Proffer Statement 6 Telephone: 667 -2139 X X N/A N/A 1 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: Toms, LLC 6. A) Current Use of the Property: Vacant B) Proposed Use of the Property: Restaurant 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 75A- 6 -B -41 Mini Storage B -2 75A -6 -12A Residential B -2 75 -A -4 Commercial B -2 75 -A -10 Vacant B -2 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). Southwest corner of VA Route 839 and U.S. Route 11 in Kernstown, south of VA Route 37. 2 Acres Current Zoning Zoning Requested 2 B -2 B -2 w/IA 2 Total acreage to be rezoned Magisterial: Fire Service: Rescue Service: Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 75A- 6 -B -41B Back Creek Districts High School: N/A Middle School: N/A Elementary School: N/A 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 0 Townhome 0 Multi- Family 0 Non Residential Lots 1 Mobile Home 0 Hotel Rooms 0 Square Footage of Proposed Uses Office 0 Service Station Retail 0 Manufacturing Restaurant 6,200 Warehouse Other 0 0 0 0 3 12. 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. 1 (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) Owner(s) Ronald A. Mislowsky, P.E., PHR +A Date Date 6/3/04 Date 61 181 Date 4 Name and Property Identification Number Address Name Property Mary Ellen Neff 75A 6 12A 3850 Valley Pike Winchester, VA 22602 Name Property Orange Partners 75 A 10 500 Pegasus Court Winchester, VA 22602 Name Property Vanco, LLC 75A 6 B 41 683 Payne Road Clearbrook, VA 22624 Name Property Scot Michelle McMichael 75 A 4 607 Lower Valley Road Strasburg, VA 22657 Name Property Name Property Name Property Name Property Name Property Name Property Adjoining Property Owners Rezoning 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 2 11d floor of the Frederick County Administrative Building, 107 North Kent Street. 5 Standard P150 6'5" X 2 34 63' OAH 0 U.S. ROUTE 11 VALLEY PIKE w ,m i United Sign e °°i Systems nvm PH. 888- 704 -1516 DRAVVING R A Y' DRAWN.B OUTBACK Wl nchesterV 6/2/04 OUT.WIN.POLESPOT DD THIS DESIGN IS SUBMITTED AS PART OF OUR PROPOSAI. AND 15 TO REMAIN OUR PROPERTY EXCLUSIVELY UNTIL ACCEPTED AND APPROVED BY PURCHASE. 0 c) 23' -4" OUTBACK Elevation Scale: 3116 1' -0" 11 "x17" Standard 150 square foot Pylon sign: Double sided 1 LJ United Sign gni Systems PH. 888 -704 -1516 6L ENT: LOCATION DATE: APPRVD El DRAWN BV. OUTBACK WINCHESTER,VA 612/O4 OUT WIN -PYLON O .0 DD THIS DESIGN 5 SUBMJ U[U AS PART OF OUR PROPOSAL AND 5 TO REMAIN OURPROPEAtt E%CUSRELY UNTIL ACCEPTED 5555955OVED 6Y 50RCHAS5 .:aaa. r, BRTFr.!Lr 411iR ,7"94,y *a.pneltroir.r 71, 77:r1r.1. -4 Standard 0 square foo Pylon sign:, )ouble sided t ht Illuminatio. Scale:N.T.S. `I 110. Lu. United Sign .1 Systems Standard 110 square foo Pylon sign: D ouble sided PH. 888- 704 -1516 CLIENT:P iA LOCATION:: x9x Bme DRAWING g WRIVieea PYYRVU B D R' W ry on oR aw n OUTBACK WinchesterVA 6.3 04 OUT WI NCHES I ER- PYLONPHOTO D0 71115 DESIGN 15 SUMMED AS PART OE OUR PROPOSAI. AND 15 TO REMAIN OUR PROPERTY EXCLUSIVELY UNTIL ACCEPTED AND APPROVED BY PURCHASE. AMENDMENT Action: PLANNING COMMISSION: July 7, 2004 Recommended Approval BOARD OF SUPERVISORS: August 11, 2004 APPROVED DENIED WHEREAS, Rezoning #08 04 of Outback Restaurant, Inc., to rezone 2.00 acres from the 132 (Business General) Zoning District to 132 with IA (Interstate Area Overly) Zoning District, to accommodate an interstate overlay sign. This property is located at the southwest corner of Route 839 and Valley Pike (Route 11 S) in Kernstown, south of Route 37, and is identified with Property Identification Number 75A- 6 -B -4I B in the Back Creek Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on July 7, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 11,2004; 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 change 2.00 acres from the B2 (Business General) Zoning District to B2 with IA (Interstate Area Overly) Zoning District, to accommodate an interstate overlay sign, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 412 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #08 -04 OF OUTBACK RESTAURANT, INC. This ordinance shall be in effect on the date of adoption. Passed this 11' day of August, 2004 by the following recorded vote: Richard C. Shickle, Chairman Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler PDRes. #12-04 Barbara E. Van Osten Gary Dove Bill M. Ewing A COPY ATTEST John R. Riley, Jr. Frederick County Administrator Sr TAF 7eEPo R G ries rfr(z-S C tezS REZ #08 -04 Outback Restaurant (PIN: 75A 6 B 41 B)