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HomeMy WebLinkAbout10-04 Proffer StatementAction: PLANNING COMMISSION: August 18, 2004 Recommended Denial BOARD OF SUPERVISORS: January 12, 2005 APPROVED DENIED PDRcs #21-04 AMENDMENT AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #10 -04 OF A.P.R. MINI STORAGE, LLC WHEREAS, Rezoning #10 -04 of A.P:R. Mini Storage, LLC, submitted by Foltz Land Surveying, to rezone 2.5473 acres from RA (Rural Areas) District to B1, (Neighborhood Business) District, and 10.1134 acres from RA (Rural Areas) District to B2 (General Business) District. This property is located on the north side of Route 776, about 500 feet east of the intersection with Route 522, in the Shawnee Magisterial District, and is identified by Property Identification Number (PIN) 64B -A -38; and WHEREAS, the Planning Commission held a public hearing on this rezoning on August 18, 2004; and J WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 10, 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 2.5473 acres from RA (Rural Areas) District to B1 (Neighborhood Business) District, and 10.1134 acres from RA (Rural Areas) District to B2 (General Business) District, 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 #21-04 This ordinance shall be in effect on the date of adoption. Passed this 1 2th day of January, 2005 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gina A. Forrester Nay Gary Dove Aye Lynda J. Tyler Nay Bill M. Ewing Nay Gene E. Fisher Aye A COPY ATTEST John iley, Jr. Frederick County Administrator Proffer Statement Rezoning Request Proffer Property Identification Number 64B- ((A)) -38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607 -acre site located along the north side of Buff lick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B -1 and B -2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607 -acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Buff lick Road, Route 776. After the issuance of any second or subsequent site plan and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner shall conduct an actual count of vehicle trips per day from the property, after request for the same from the Virginia Department of Transportation. If said count reveals that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607 -acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property "Necessary Improvements Further, after agreement with VDOT and Property Owner regarding the Necessary Improvements, the Necessary Improvements shall be installed by the Property Owner within nine (9) months after said agreement is reached between VDOT and the Property Owner. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. In addition to the above, the Property Owner agrees to proffer out any uses other than that of a mini storage and office building on the site for so long as any property in the neighboring vicinity (within fifty (50) yards) is no longer used or zoned for residential purposes. Notwithstanding what is stated above, in the event any of the neighboring properties are zoned and /or otherwise.; permitted, or allowed to operate as a commercial use (excluding home occupations& cottage occupation's as those terms are currently defined by the Frederick County Zoning JJ Ordinance),, then the above staled proffered out uses shall terminate automaticall Trl GdQ i i +o 'r'tU o ft r e 0 t. 2WvLQ/t a S �JAI j i( ]nt or!ic t o fvt� ..?T� -tb in a u A b ty Aectotte 4t7fic 4 0 2�hin4n In addition to the above, the Property Owner agrees that any structure on the rezoned property shall not exceed the FAA Part 77 Surface Height Restrictions. At the time of the rezoning, the Property Owner's stated intended use of an installation of a mini storage does not exceed said restriction. Submitted By: PROPERTY OWNER: A.P.R. Mini Storage, L.L.C. By: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: The foregoing instrument was acknowledged before me this aR May of rccvrnhai- 2004, by 1/4 ,,1 r)eo My commission ex.ires Notary Public r, i Date: la,a9ka -1 160 EXETER DRIVE, SUITE 103 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665 -0050 FACSIMILE: (540) 7224051 LAWSON AND SILEK, P.L.C. November 9, 2004 Ms. Candice Mills The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 VIA FACSIMILE AND U.S. MAIL Dear Candice: Re: A.P.R. Mini Storage, LLC Our File No. 250.006 THOMAS MOORE LAMSON •'I'LAMSON n)I,SPI,C.CO %I Enclosed please find a revised Proffer statement and copies of correspondence sent to the Board of Supervisors, Larry Ambrogi and Renny Manuel. As I state in the letter to the Board members, should they require additional time to consider the Proffer Statement, we would have no objection to this matter being continued to the Board's next hearing. Thank you for your assistance and cooperation. As always, if you have any questions, please do not hesitate to give me a call. TML:atd Enclosures cc: A.P.R. Mini Storage, LLC Very truly yours, Thomas Moore Lawson v FRO6T ROYAL ADDRESS: POST OFFICE Box 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635 -9415. FACSIMILE: (540) 635 -9421. E-MAIL: SILEKJ€INNXCONNECLCOM LAWSON AND SILEK, P.L.C. 160 EXETER DREVE, SUITE 103 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665 -0050 FACSIMILE: (540) 722 -4051 Mr. Richard C. Shickle Chairman -at -Large 292 Green Spring Road Winchester, VA 22603 Ms. Barbara E. Van Osten Back Creek District 103 Coopers Lane Winchester, VA 22602 Mr. Gary W. Dove Gainesboro District 821 Apple Pie Ridge Road Winchester, VA 22603 Mr. Bill M. Ewing Opequon District 5266 Main Street Stephens City, VA 22655 VIA HAND DELIVERY Dear Members of the Board of Supervisors: November 9, 2004 Mr. Gene F. Fisher Shawnee District 246 Bush Drive Winchester, VA 22601 Re: A.P.R. Mini Storage, LLC Our File No. 250.006 THOMAS MOORE LAWSON 1 LAM SON(,I LSPLC.COM Ms. Lynda K. Tyler Stonewall District 438 Devil's Backbone Overlook Stephenson, VA 22656 Ms. Gina A. Forrester Red Bud District 105 Kapok Circle Winchester, VA 22602 As you know, I represent A.P.R. Mini- Storage, LLC with regard to its proposed rezoning of the tract of land on Bufflick Road. A.P.R.'s rezoning is consistent with the Comprehensive Plan and is on property that is close to the Winchester /Frederick County Regional Airport. When this matter was last before you, there was a request to table the rezoning request to allow time for meetings with the neighbors to discuss the development plans for this property. As you know, the area is primarily single family residential, but pursuant to the Frederick County Comprehensive Plan, the immediate area is either slated for commercial or for acquisition by the Airport. FRONT ROYAL ADDRESS: POST OFFICE Box 602, FRONT ROYAL, VIRGINIA 22630, TELEPNDNE: (540) 635 -9415, FACSIMILE: (540) 635- 9421, E -MAIL: SILEKJ@LVNXCONNECT.COM Board of Supervisor November 9, 2004 Page 2 Since the last hearing, we did have an opportunity to meet with the neighbors at a church near the site and those that attended advised they had no objection to the intended use of the property by A.P.R. (mini storage and office). They do object, however, to any additional development that may occur and also have a concern about the change in character of the area as a whole as it transitions from residential to commercial. We understand from this Board's previous consideration of a rezoning on the opposite end of the runway that the Board does not want residential lying immediately adjacent to the Airport and especially not at the ends of the runway. The proposed rezoning takes that into account and is consistent with the Board's previous decisions. In addition to being consistent with the Comprehensive Plan, A.P.R. Mini Storage, LLC wants to be a good neighbor for the residential neighbors and has therefore created the enclosed proffers, which it would propose to be considered and accepted along with the proposed rezoning. The proffers provide that the uses onsite will be limited so to be consistent with the intended use for the property for a period of time so long as any property in the neighboring vicinity continues to be used and zoned for residential purposes. The intent of this is to give protection to the residential neighbors so long as the neighboring property remains residential. All agree that once we get to a time where the neighboring property is rezoned to commercial consistent with the Comprehensive Plan, restrictions on this property should be lifted. In addition to the above, A.P.R. Mini Storage, LLC has agreed to impose as a proffer on this property that it not exceed the FAA Part 77 Surfaces Height Restriction for its intended use or any use in the future. It has been explained to the undersigned by the Airport that this is a federal restriction which restricts the height of structures around the Airport so as to not limit the fly -over activities. This owner is prepared to abide by this restriction and it is so proffered. I know at least one Board member asked that this restriction be distilled to a maximum height in footage for this site, but it has been explained to us by the Airport that the height restrictions vary depending upon the elevation above sea level of the runways and would also depend on the elevation above sea level of any buildings on this property. Tying the proffer to the restriction will provide the Airport will have better control over any future structural height on this property. With these revised proffers, I trust that you will find the proposed rezoning to meet with your approval. I do apologize in advance for submitting this revised Proffer one day prior to the rezoning hearing. Circumstances have not allowed for meetings with the Airport until just recently. Should the Board require additional time to study this proposed rezoning, we would be agreeable to a second tabling. Thank you for your consideration of this rezoning request. Please call if you have any questions. Board of Supervisoo November 9, 2004 Page 3 TML:atd Enclosure cc: A.P.R. Mini Storage, LLC Very truly yours, Thomas Moore Laws n Proffer Statement Rezoning Request Proffer Property Identification Number 64B- ((A)) -38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607 -acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B -1 and B -2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607 -acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of any second or subsequent site plan and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner shall conduct an actual count of vehicle trips per day from the property. If said count reveals that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607 -acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the Property Owner. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. In addition to the above, the Property Owner agrees to proffer out any uses other than that of a mini- storage and office building on the site for so long as any property in the neighboring vicinity (within fifty (50) yards) is no longer used or zoned for residential, purposes. Notwithstanding what is stated above, in the event any of the neighboring properties are zoned and/or otherwise permitted or allowed to operate as a commercial use, then the above stated proffered out uses shall terminate automatically. In addition to the above; the Property Owner agrees that any structure on the rezoned property shall not exceed the FAA Part 77 Surface Height Restrictions. At the time of the rezoning, the Property Owner's stated intended use of an installation of a mini storage does not exceed said restriction. Submitted By: PROPERTY OWNER: A.P.R. Mini Storage, L.L.C. By: Notary Public STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: The foregoing instrument was acknowledged before me this day ofg 41er 2004, bYkte ird, 1 2a4aprr 4TA.pIP/'/ Z •.C,C. My commission expires (o II /IL ar�ee 1 4 Date: 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665 0050 FACSIMILE: (540) 722 -4051 LAWSON AND SILEK, P.L.C. Lawrence Ambrogi, Esquire Frederick County Attorney 107 North Kent Street Winchester, VA 22601 VIA FACSIMILE AND U.S. MAIL Dear Larry. TML:atd Enclosure cc: A.P.R. Mini Storage, LLC November 9, 2004 Re: A.P.R. Mini Storage, LLC Our File No. 250.006 Very truly yours, THOMAS MOORE LA W'SON TLA WSONOR SPLC.COM Enclosed please find a revised Proffer Statement for the A.P.R. Mini Storage facility. As you will recall, there have previously been some concems about a rezoning to B -2 near residential development. These concerns have come from long -time residents who live in the area. While they recognize that the entire region has been slated in the Comprehensive Plan for commercial and/or Airport expansion area, they want some comfort in knowing that their area will remain residential for as long as possible. The residents have been good enough to acknowledge that our intended use for the property (mini storage/office) is an acceptable use for the time being. With all of this said, I have drafted a Proffer, which has restrictions on the use for the time during which the nearby property remains residential. We contemplate a time in the future when the entire area will convert to commercial and, at that time, these restrictions on use will expire. Please review the enclosed Proffer and advise me of any comments: As you know, this matter is in front of the Board for consideration tomorrow night. Thank you for your assistance and cooperation. I look forward to receiving your comments shortly. i f Thom Moore Lawson FRonr ROYAL ADDRESS: Posy Orna Box 602, FROM ROYAL, Toccoa 22630, Tarnow: (540) 635-9415, FA6mm.E: (540) 6354 E-MAIL: SaracerrXconnecrco Dear Renny: LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SOrrE 103 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665 -0050 FACSIMILE: (540) 722 -4051 Ms. Serena R. Manuel Executive Director Winchester Regional Airport 491 Airport Road Winchester, VA 22602 VIA FACSIMILE AND U.S. MAIL TML:atd Enclosure cc: A.P.R. Mini Storage, LLC November 9, 2004 Re: A.P.R. Mini Storage, LLC Our File No. 250.006 Very truly yours, THOMAS MOORE LAWSON •'I LA WSON(RiLSPLC.COAI Enclosed please find a revised Proffer Statement, which incorporates the reference to the FAA height restrictions. After you have reviewed it, please let me know that you agree with the language. Also, as you know, some of the Board members have requested a revised comment from the Airport confirming that there is no objection to the intended rezoning. Please provide me with a writing, either memo or letter, confirming the same so that I may provide the Board with it. As you know, this matter is currently scheduled to be heard by the Board tomorrow evening. I understand you will be present, and I look forward to seeing you at the hearing. Thank you for all of your assistance and cooperation. As always, if you have any questions, please do not hesitate to give me a call. I Thom Moore Lawson I FROM ROYAL ADDRESS: POST OFTICE Box 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635 FACSIMILE: (540) 635 E MAIL: SILEKJ@LYNXCONNECT.COM 11/09/2004 12'.49 FAX LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (500) 722-2051 Date: November 9. 2004 To: Ms. Candice Mills Fax No.: 540- 665 -6395 From Thomas Moore Lawson, Esquire Our File No: 250,006 Number of pages including cover: Message: FACSIMILE COVER SHEET 9 PLANNING R DEVELOP ENT E -MAIL: TLAWSOIVI The information contained in this facsimile message is information intended only for the use of the individual or entity named above, and may be attorney /client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. FONT ROYAL. AUVFrss: POET OFFICE Boa 602, FnoNT ROYAL, VlmmNu 22630, TLLLnWNE: (540)63S-9.41S, FACSIMILE: (S40) 635-9d2], E•nua' 5¢evnxw.ONLU E.NET [2 0 Apt Erto'4- t om 11/09/2004 12:50 FAH 002/009 LAWSON AND SILEK, P.L.C. 160 EXETER DRrve, SmrE 103 POST OFFICE Hoc 2740 WINCIESTER, VA 27604 TELEPHONE: (540) 665 -0050 FACSIMILE: (540) 727 -4051 Ms. Candice Mills The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 VIA FACSIMILE AND U.S. MAIL Dear Candice: TML:atd Enclosures cc: A.P.R. Mini Storage, LLC November 9, 2004 Re: A.P.R. Mini- Storage, LLC Our File No. 250.006 THOMAS MOORE LAWSON TLaWSONCa)1ArLC.COM Enclosed please find a revised Proffer statement and copies of correspondence sent to the Board of Supervisors, Larry Ambrogi and Renny Manuel. As I state in the letter to the Board members, should they require additional time to consider the Proffer Statement, we would have no objection to this matter being continued to the Board's next hearing. Thank you for your assistance and cooperation. As always, if you have any questions, please do not hesitate to give me a call. Very truly yours, Thomas Moore Lawson I Fnovr ROYnL Am /um POST Ovr1c6 BOX 602, Play Row., VmoOan 22630, TELEPHONE: (540) 63SS94I5, FACmwLI: (540) 635-0421, E -Mw¢., smnu rexCONN¢c r c0M 11/09/2004 12:50 FAX Proffer Statement Submitted By: Rezoning Request Proffer Property Identification Number 64B- ((A)) -38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned; who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607 -acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B -1 and B -2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building pertnit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607 -acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of any second or subsequent site plan and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner-shall conduct an actual count of vehicle trips per day from the property. If said count reveals that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (T1A) for the 12,6607 -acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the Property Owner. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. In addition to the above, the Property Owner agrees to proffer out any uses_ other than that of a 7 mini storage and office building on the site for so long as any property in the neighboring vicinity (within fifty (50) yards) is no longer used or zoned for residential, purposes. 'Notwithstanding what is stated above, in the event any of the neighboring properties are zoned and/or otherwise permitted or allowed to operate as a commercial use, then the above stated proffered out uses shall terminate automatically. -r'addition.to the above, the Property Owner agrees that any structure on the rezoned property shall not exceed the FAA Part 77 Surface Height Restrictions. At the time of the rezoning, the Property Owner's stated intended use of an installation of a mini- storage does not exceed said restriction. 003/009 11/05/2004 12''50 FAX PROPERTY 0 A.P,R. Mini Storage, L.L,C. By: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: The foregoing instrument was acknowledged before me this 9 day of 2004, byeat�,/,{/eQ/rd a n r e 'An .>°P,tivai 1 sera t,C. My commission expires 6/3o/07 Notary Public Date: I/ 001/005 11/09 /2004 12:50 FAX a 005 /009 LAWSON AND SILEK, P.L.C. 160 EXETER DaIVE, Su rE 103 POST OFFICE BOX 2740 WD4CMEBTER, VA 22604 TELEPHONE; (540) 665.0050 FACSIMILE.: (540) 722-4051 Mr. Richard C. Shickle Chairman-at -Large 292 Green Spring Road Winchester, VA 22603 Ms. Barbara E. Van Osten Back Creek District 103 Coopers Lane Winchester, VA 22602 Mr. Gary W. Dove Gainesboro District 821 Apple Pie Ridge Road Winchester, VA 22603 Mr. Bill M. Ewing Opequon District 5266 Main Street Stephens City, VA 22655 VIA HAND DELIVERY November 9, 2004 Mr. Gene F. Fisher Shawnee District 246 Bush Drive Winchester, VA 22601 Re: A.P.R. Mini Storage, LLC Our File No. 250.006 THOMAS MOOItE LAWSON TI„AWSQJ ),LsPLC.COM Ms Lynda K Tyler Stonewall District 438 Devil's Backbone Overlook Stephenson, VA 22656 Ms. Gina A. Forrester Red Bud District 105 Kapok Circle Winchester, VA 22602 Dear Members of the Board of Supervisors: As you know, I represent A.P.R. Mini- Storage, LLC with regard to its proposed rezoning of the tract of land on Bufflick Road, A,P.R.'s rezoning is consistent with the Comprehensive Plan and is on property that is close to the Winchester /Frederick County Regional Airport. When this matter was last before you, there was a request to table the rezoning request to allow time for meetings with the neighbors to discuss the development plans for this property. As you know, the area is primarily single family residential, but pursuant to the Frederick County Comprehensive Plan, the immediate area is either slated for commercial or for acquisition by the Airport. Fimc Posy Aoua[as: pose Omct Emc402,p14o4n Rgw1., Ymcm. 1x630, TLLSto0N6: (54 01 05-9415, Fscsnuu: (5401615 -9421, E Sruw41.vracomir ,.ccm 11/09/2004 12:51 FAX a 009 /009 Board of Supervisors November 9, 2004 Page 2 Since the last hearing, we did have an opportunity to meet with the neighbors at a church near the site and those that attended advised they had no objection to the intended use of the property by A.P.R. (mini storage and office), They do object, however, to any additional development that may occur and also have a concern about the change in character of the area as a whole as it transitions from residential to commercial. We understand from this Board's previous consideration of a rezoning on the opposite end of the runway that the Board does not want residential lying immediately adjacent to the Airport and especially not at the ends of the runway. The proposed rezoning takes that into account and is consistent with the Board's previous decisions. In addition to being consistent with the Comprehensive Plan, A.P.R Mini Storage, LLC wants to be a good neighbor for the residential neighbors and has therefore created the enclosed proffers, which it would propose to be considered and accepted along with the proposed rezoning. The proffers provide that the uses onsite will be limited so to be consistent with the intended use for the property for a period of time so long as any property in the neighboring vicinity continues to be used and zoned for residential purposes. The intent of this is to give protection to the residential neighbors so long as the neighboring property remains residential. All agree that once we get to a time where the neighboring property is rezoned to commercial consistent with the Comprehensive Plan, restrictions on this property should be lifted. In addition to the above, A.P.R. Mini- Storage, LLC has agreed to impose as a proffer on this property that it not exceed the FAA Part 77 Surfaces Height Restriction for its intended use or any use in the future. It has been explained to the undersigned by the Airport that this is a federal restriction which restricts the height of structures around the Airport so as to not limit the fly -over activities. This owner is prepared to abide by this restriction and it is so proffered. I know at least one Board member asked that this restriction be distilled to a maximum height in footage for this site, but it has been explained to us by the Airport that the height restrictions vary depending upon the elevation above sea level of the runways and would also depend on the elevation above sea level of any buildings on this property. Tying the proffer to the restriction will provide the Airport will have better control over any future structural height on this property. With these revised proffers, I trust that you will find the proposed rezoning to meet with your approval, I do apologize in advance for submitting this revised Proffer one day prior to the rezoning hearing. Circumstances have not allowed for meetings with the Airport until just recently. Should the Board require additional time to study this proposed rezoning, we would be agreeable to a second tabling. Thank you for your consideration of this rezoning request. Please call if you have any questions. 11/09/2004 12:51 FAX Board of Supervisors November 9, 2004 Page 3 TML:atd Enclosure cc: A.P.R. Mini- Storage, LLC Very truly yours, Thomas Moore Lawso n. it 007 /009 11/09/2004 12:51 FAX LAWSON AND S1LEK, P.L.C. 160 EXCIER DRIVE, SUITE 103 POST OFFICE Da 2740 WINCRSSTEM, VA 22604 TELEPHONE: (540) 665.0050 FACSIMILE! (540) 7224051 Lawrence Ambrogi, Esquire Frederick County Attorney 107 North Kent Street Winchester, VA 22601 VIA FACSIMILE AND U.S. MAIL Dear Larry: November 9, 2004 Re: A.P.R. Mini Storage, LLC Our File No. 250.006 Enclosed please find a revised Proffer Statement for the A.P.R. Mini Storage facility. As you will recall, there have previously been some concerns about a rezoning to B -2 near residential development. These concerns have come from long-lime residents who live in the area. While they recognize that the entire region has been slated in the Comprehensive Plan for commercial and/or Airport expansion area, they want some comfort in knowing that their area will remain residential for as long as possible. The residents have been good enough to acknowledge that our intended use for the property (mini storage/office) is an acceptable use for the time being. With all of this said, t have drafted a Proffer, which has restrictions on the use for the time during which the nearby property remains residential. We contemplate a time in the future when the entire area will convert to commercial and, at that time, these restrictions on use will expire. Please review the enclosed Proffer and advise me of any comments. As you know, this matter is in front of the Board for consideration tomorrow night. Thank you for your assistance and cooperation. I look forward to receiving your comments shortly. Very truly yours, f Thom Moore Lawson TML:atd Enclosure cc: A.P.R. Mini- Storage, LLC 7110MA5 MOORS LAw50N TT.AWSONOSFLC.0O2.t Moore RowL AMU-GC Pc6/ Oma Rai 602, FRom Row, Vm®.A 2/610, 2trsno,s, 540) 655 94 (5, Fecaumx: (510) 835.121, 6 QJL st J$Lr Or cY.con Z008/009 11/09/2004 12:51 FAX Z009/009 LAWSON AND SILEK, P.L.C. 160 EaETER DRrvq Surra 103 Inn OFFICE Dox 2740 W ocw TE.R, VA 22604 TELEPHONE: (540) 6654050 FAcsDAH,E: (540) 722-4051 Ms. Serena R. Manuel Executive Director Winchester Regional Airport 491 Airport Road Winchester, VA 22602 VIA FACSIMILE AND U.S. MAIL Dear Renny: November 9, 2004 Re: A.P.R. Mini Storage, LLC Our File No. 250.006 THOMAS MOORE LAWSON• 3AW$ON(aILSPI,C,C'Of Enclosed please find a revised Proffer Statement, which incorporates the reference to the FAA height restrictions. After you have reviewed it, please let me know that you agree with the language. Also, as you know, some of the Board members have requested a revised comment from the Airport confining that there is no objection to the intended rezoning. Please provide me with a writing, either memo or letter, confirming the same so that I may provide the Board with it. As you know, this matter is currently scheduled to be heard by the Board tomorrow evening. I understand you will be present, and 1 look forward to seeing you at the hearing. Thank you for all of your assistance and cooperation. As always, if you have any questions, please do not hesitate to give me a call. TML:atd Enclosure cc: A.P.R. Mini- Storage, LLC Very truly yours, I Thomas Moore Lawson f PWNT ROr61. ADBN461 Pon OVnct Box 602, Mier RAW, VtAGINIA 22*30, TTL[rfOND, (540) 695-9415, Famine: (510) 6359(116E -MAIL tinzug ]TMCONNECT. Wm 08/18/2004 13:48 FAX Proffer Statement Rezoning Request Proffer Property Identification Number 64B- ((A)) -38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607 -acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B -1 and B -2, the undersigned will pay to „_Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12,6607 -acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of any second or subsequent site plan and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner shall conduct an actual count of vehicle trips per day from the property. If said count reveals that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12,6607 -acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the Property Owner, The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner, In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code, Submitted By: PROPERTY ER: A.P.R. Mini Storage, L.L.C. By: 1 STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: The foregoing t was acknowledged before me this 1 t *9 day of 4 2004, b U/ nlO[ j i r My commission expires 1 0(3110( 4 1 a Notary Public J Date: 17 -ors/ Z002/002 08/13/2004 13:48 FAX Proffer Statement Rezoning Request Proffer Property Identification Number 648- ((A)) -38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607 -acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B -1 and B -2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 126607 -acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of any second or subsequent site plan and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner shall conduct an actual count of vehicle trips per day from the property. If said count reveals that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12,6607 -acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the Property Owner, The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Submitted By: PROPERTY ER: A.P.R. Mini Storage, L.L.C. By: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: The foregoing instrument was acknowledged before me this day of 2004, by ftvf (IQoL tj Planar My commission expires J U 31 O( Notary Public Awn V o Date: 6 17-or y 1 002/002 08/18/2004 13 FAX Proffer Statement Rezoning Request Proffer Property Identification Number 6413- ((A)) -38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607 -acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B -1 and B -2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of 53,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12,6607 -acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of any second or subsequent site plan and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner shall conduct an actual count of vehicle trips per day from the property. If said count reveals that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607 -acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the Property Owner, The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner, In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Submitted By: PROPERTY ER: A.P.R. Mini Storage, L.L.C. By: h>cl Date: 17 "dc! STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: The forego" g instrument was acknowledged before me this I day of 2004, by mot neo guano My commission expires 1 01311 ()(p l:( Notary Public lito(Jn j 002/002 08/18/2004 13:48 FAX Proffer Statement Rezoning Request Proffer Property Identification Number 64B- ((A)) -38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607 -acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B -1 and B -2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607 -acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of any second or subsequent site plan and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner shall conduct an actual count of vehicle trips per day from the property. If said count reveals that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607 -acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the Property Owner, The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner, In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Submitted By: PROPERTY ER: A.P,R. Mini Storage, L.L.C. STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: The forego,,??'n�g instrument was acknowledged before me this (7 day of 2004, by 11t1 f Pt r My commission e e x expires U 31 l;( Notary Public Jan j /LI LO By: Date: 17 -or y Z002/002 FAX TRANSMISSION TO: f 1 0M Law 50 n COMPANY: La xDo 6 kL, PLC FAX l aa- os( Date: E t D- e \OBI Number of ees COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 Winchester. Virginia 22601 -5000 Telephone: 540/665 -5651 FAX: 540/665 -6395 (including cover sheet) Remarks: From the desk of: Gi e t-c July 28, 2004 Mr. Lawson, We are in receipt of your revised proffer statement for the APR rezoning. We feel that further clarification is warranted, included are some suggested changes. Also, a preliminary paragraph has not been included referring to the pursuant section of the code of Virginia in regards to proffers. Please review the suggested changes and let me know what your thoughts are. Thank You, Candice Mills Planner I Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607 -acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B -1 and B -2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. Transportation The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607 -acre site meeting all requirements ofthe Virginia Department of Transportation, should the initial or any subsequent site plan provide for a land use or uses, with cumulative traffic generation projections exceeding 600 VPD that utilizes Bufflick Road, Route 776. If the site plan(s) for the property produce fewer than 600 vehicle trips per day, the Property Owner shall conduct an annual actual count of vehicle trips per day from the property. If said counts reveal that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation.. The said TIA will identify necessary improvements required to the road system for vehidle trips attributed to this property. Further, after agreement with VDOT and the Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between V DOT and the Property Owner. Buffering and Screening The undersigned hereby proffers a buffer or screen along the adjoining property owners to the proposed B -1 zoning with a double row of white pine trees, size and spacing to be consistent with Frederick County Zoning code requirements for mini storage, a 50' buffer along the rear of the property, and that all improvements will generally be consistent with those shown on the attached preliminary sketch plan dated April 9, 2004. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest ofthe Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to the other requirements set forth in the Frederick County Code. 41! TRANSMISSION VERIFICATION REPORT DATE, TIME FAX NO. /NAME DURATION PAGE(S) RESULT MODE 07/28 15:46 97224051 00:00:47 03 OK STANDARD ECM FAX TRANSMISSION TO: T c mo-3 Law &o n COMPANY: l.av n 6; t'eXd, PLC FAX vn 405 Remarks: TIME 07/28/2004 15:47 NAME FRED CO PLANNING DEP FAX 5406656395 TEL 5406655651 SER.N SROC2J178677 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Telephone: 540/665 -5651 FAX: 540/665 -6395 Date: l \SA r of rya a (including Numbe o g s ing cover sheet) 11y: Proffer Statement Rezoning Request Proffer Property Identification Number 6415- ((A)) -38 Shawnee Magisterial District. Nota Public l^,,u pl 6,„ Rezoning Impact Analysis Statement mel /U N 6f/1- 111 -d8 Monetary Contribution to Offset Impact of 1)evclopurent The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning fo•lhc 12.6607-acre site located along the north side of 13ufilick Road in the Shawnee Magisterial District of Frederick County, A'irginia, from RA to 11-1 and 13 -2, the undersigned will pay to Frederick County for the Milhvood Fire and Rescue Company the sure of 53,000 at the lime the first building pennit is issued. The undersigned hereby proffers to prepare a uallic impact analysis (TiA) for the 12.6607 -acre site meeting all requirements of the Virgin6 DcIcumnent of Transporiation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the ]hdflick Road, Route 776(\ new TIA will identify improvements to the road system That will be installed by the Developx;r during the initial site devclopnrcot phase oral such a time as determined by VDOT.) The undersigned (hereby proffers a buffer or screen along INC adjoining property owners to the proposed 13 -1 zoning with a double row of white pine (tees, siz,e and spacing to be consistent widr Frederick 1. 'aunty Zoning code requirements for mini storage, a 50' huller along the rear of the property, and than all improvements will generally he consistent with those shown 011 the attached preliminary sketch plan dated April 9, 2004. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County 13o; of Super isuts grant said rezoning and accepts these conditions, the profkred conditions shall apply to the laud rezoned in addition to other requirements set forth in the Frederick County Code. Submitted I3y: PROPER'( Y OWNER: A.P.R. rAfini Stor.rgc, L.I,.C. STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK., To Wit: The f rcgoiug instillment was acknowledged before me this (lay of My commission expires -..31 -07 Arcvr Hi of ni Date: n c/ 2004, be