CITY OF

MANASSAS, VIRGINIA Community Development · 9027 Center Street, Manassas, VA 201 10 • 703-257-8223

REZONING APPLICATION

Site Address: --'--/_0_5_h_'-1_...:_/{_,e,=-=Jc~o::._u::::..:..:b=-f--'--_/Z) _______ Manassas, VA 20110 Street

TaxMapNo(s): {)q/- 0 1-00- I .DB -r_'L

Site Acreage: Zoning District: _ _ _ ..J-. ____ _

Comprehensive Plan Designation:~c1-AM/ fU l cr!,.c,.... R L<J ; :-<...rl

Proposed Zoning: T -l. '-'1 o p$lli poThis is a proffer amendment to existing REZ #:_--!..._(_q_q_t __ -_o_s-______ _

APPLICANT

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(;;03) ct1ct 31tJ 1 Phone# Fax#

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E-mail Address 1

OWNER (Leave Blank if Same as Applicant)

Name

Company

Address

City State Zip Code

Phone# Fax #

E-mail Address

Revised July I, 201 6 Page I of 4

CITY OF

MANASSAS, VIRGINIA Community Development· 9027 Center Street, Manassas, VA 20110 • 703-257-8223

CASE #--:-:~::-:----=--= (Completed by City Staff)

SPECIAL/LIMITED POWER OF ATTORNEY

THIS I -7 day of e.t Y20 I r 'I, v yi_MJ eC<_£ '\ , the

owner of Tax Map Number ~ • tP I - t!JO- I l> B , make, constitute and

appoint E tfe\ fYt itJ::~ !~ _q v\ ·y{L , my true and lawful attorney-in-

fact, and in my name, place and stead g1vmg unto said

(@ fYl <Jdd ~ Mq1/! ~ full power and authority to do and perform all acts

and make all representation necessary, without any limitation whatsoever, to make application for

(circle one) (Special Use Permit), (Rezoning), (Architectural Review Board), (Board of Zoning

Appeals) in connection with the above described real property.

The right, powers and authority of said attorney-in-fact herein granted shall commence and be

in full force and effect on 9 , 20 Jk.. and shall remain in full force and

effect thereafter until actual notice, y certified mail, return receipt requested is received by the Office

of Community Development of the City of Manassas stating that the terms of this power have been

revoked or modified.

STATE OF _,~L..!.\~r ~*'·L.!loluL..:.t--_______ _

COUNTY OF Qoi\N \.NillitLtll

I, \:,\AltthJh 1\vt\t)rv , a Notary Public in and for the State and

County aforesaid, do hereby certify that ---=O:._V.!...l\._,tL~· '-"Q'-J-=--·-(?~GW::....:..::.._;I\_:__ __________ _

whose name is signed to the foregoing, this day personally appeared before me in my State and

County aforesaid and acknowledged the same.

Given under my hand this \]~ day of ~ ~ ~ , 20__._,\ ~~-

~ Notary Public

') .. :')1) / 1\-o My Commission expires: ---..:(1---=(J"'--'--'---

Revised January 2016

CITY OF

MANASSAS, VIRGINIA

CASE # ____ _ (Completed by City Staff)

Community Development · 9027 Center Street, Manassas, VA 201 10 · 703-257-8223

CONFLICT OF INTEREST AFFIDAVIT

STATEOF V>·;:·h.}~ . o ,towtt: ~

TaxMapNo 0q .) - 0 { =eo- / f.J . Property Address: I 0 s-(p L( ~~I Ot\., \ +-

Telephone

STATE OF _____..{_\ (~cr,.......,·· Mc.::;...,;.__fA.. _______ _

COUNTY OF q(i f\C ~ W~ lt ~ Cl-Wl

I, E:Lnl\.11-iJJn fusn~ , a Notary Public in and for the State and County aforesaid, do hereby certify that -Eli ( l fv\ w:ldi'tl\..£\ n ~ 1 (' whose name is signed to the foregoing, this day personally appeared before me in my State and County aforesaid and acknowledged the same.

Given under my hand this \1~ay of StpK~/ , 20J.i_.

My Commission expires: ')/~ ..... "}{>

Revised January 20 16

I 0560 Redoubt Road (Deed of Conveyance and Easement)

Prepared by and RETURN TO: BOX92

Martin R. Crim, Esq. Vanderpool, Frostick &

Nishanian, P.C. 9200 Church Street, Suite 400 Manassas, Virginia 20 II 0 PH: 703-369-4738 FX: 703-369-3653

DEED OF CONVEYANCE AND EASEMENT

CONSIDERATION: $I , I 75,000.00

Tax Map Numbers 091-01-00-1 DB

Grantee's Address:

Ovidio Baten 12500 Braddock Road Fairfax VA 22030

THIS DEED OF CONVEYANCE AND EASEMENT (hereinafter "Deed") is made this

__ day of _____ , 2014, by and between the CITY OF MANASSAS,

VIRGINIA, a municipal corporation of the Commonwealth of Virginia, (hereinafter

"City" or "Grantor") (index as grantor and grantee); and OVIDIO J. BATEN (hereinafter

"Baten" or "Grantee") (index as grantor and grantee).

W I T N E S S E T H:

CONVEYANCE

NOW THEREFORE, that in consideration of the premises and the sum of Ten

Dollars ($10.00), cash in hand paid and other valuable consideration, the receipt and

sufficiency of which are hereby acknowledged, and under the authority of a motion

approved by the City of Manassas Council on ____ , 2014, the City does hereby

grant, bargain, sell, and convey, with Special Warranty of Title unto Baten, that certain

lot or parcel of land lying and being situate in the City of Manassas, Virginia more

particularly described as follows:

THAT CERTAIN parcel of land identified as Parcel B ("Parcel B") located in the City of Manassas, Virginia with a street address of 10560 Redoubt Road and further identified as Manassas City Tax Parcel Number 091-0 1-00-lDB, containing 7.08069 acres, more or less, including all improvements located thereon, (the "Property") shown as Parcel "B" on the plat titled "RECORD PLAT SHOWING SUBDIVISION THE PROPERTY OF CITY OF MANASSAS AND THE VACATION OF AN EXISTING STORMWA TER MANAGEMENT EASEMENT", dated April 15, 2004, updated May 28, 2004 ("Plat"), prepared by Ross, France & Ratliff of Manassas, Virginia and recorded as Instrument Number 200407080115215 among the land records of Prince William County; subject however to the avigation easement ("Avigation Easement"), created in this Deed

FURTHER WITESSETH that the City does hereby grant to Baten, for the benefit of Parcel B, a 52-wide easement as shown on the Plat as "52' Ingress & Egress ESM'T hereby granted," for all-purpose ingress and egress as shown on the Plat. The parties hereby agree that the ingress and egress easement shall be improved with a private paved roadway at the time of the first property accessed by the easement is developed. Said private roadway shall be constructed to the Prince William County TS-1 standard for traffic volume 0 to 250 vehicles per day, revision date June 6, 2006, or equivalent City standard, but in either case without a sidewalk or landscape strip. The party first developing its property shall pay the entire cost of initially constructing and paving said private roadway to the extent necessary to provide access to its property. Thereafter, the private roadway shall be extended as necessary at the cost of the property owners served by the easement as they develop their property. Such roadway shall be constructed to a standard mutually satisfactory to the City of Manassas and the County of Prince William. The cost of the maintenance of the private roadway shall be shared equally by the owners of the properties accessed by the easement that have been developed and are actually using the easement. Grantee hereby agrees that no street lights or on street parking will be permitted in the easement area. The provisions of this easement relating to the construction and maintenance of the roadway are binding upon the parties, and their successors and assigns;

AND TOGETHER WITH, all construction plans and specifications, engineering studies and plans, environmental studies, soil reports, surveys,

2

title reports, permits and/or any other related documentation of the Property, that Grantor has in its possession, if any.

TO HAVE AND TO HOLD the above described Property in fee simple absolute

together with the rights, rights-of-way, privileges, burdens, duties, easements and

appurtenances pertaining thereto for the use and benefit of Grantee, its successors and

assigns forever.

The above described land is conveyed subject to all other covenants, conditions,

restrictions, agreements, easements, reservations, and rights of way contained in the

deeds constituting the chain of title to the properties, including the easement created in

this Deed, which legally affect the title to the property conveyed.

CITY EASEMENT

[A VIGATION EASEMENT]

This easement and its associated covenants shall run with the land described above, for

the benefit of the GRANTOR (City of Manassas) and its successors and assigns in the ownership

and operation of the Manassas Regional Airport (Airport).

1. The Grantor reserves unto itself, its successors and assigns, for the use and benefit of the

public, a right of flight for the passage of aircraft in the airspace above the surface of the real

property, together with the right to cause in said airspace such noise as may be inherent in the

operation of aircraft, now known or hereafter used, for navigation of or flight in said

airspace, and for use of said airspace for landing at, taking off from, or operating from

Airport.

2. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in

existence or hereafter manufactured and developed, to include jet, propeller-driven, civil,

3

military or commercial aircraft helicopters, regardless of the existing or future noise levels,

for the purpose of transporting persons or property through the air, by whoever owned or

operated.

3. The Airport reserves unto itself, its successors and assigns, for the use and benefit of the

public, a right of entry onto the real property herein conveyed to cut, remove, or lower any

building, structure, poles, trees, or other object, whether natural or otherwise, of a height in

excess of Federal Aviation Regulation (FAR) Part 77 surfaces relating to Airport as

illustrated by the Plat attached hereto as Exhibit I. This public right includes the right to

mark or light as obstructions to air navigation, any and all buildings, structures, poles, trees,

or other object that may at any time project or extend above said surfaces.

4. Grantee expressly agrees for itself, its successor and assigns that the Property will only be

used for purposes that are compatible with noise levels of airport operations. The Property

shall not be used for residential purposes, which purposes include single family, multifamily

or mobile home development; for educational facilities (as described in state law); or other

noise sensitive land use not compatible with airport noise as described in 14 Code of Federal

Regulations Part 150, as amended.

5. The grantee expressly agrees for itself, its successors and assigns, to restrict the height of

structures, objects of natural growth, and other obstructions on the property to a height which

does not exceed the height requirements set forth in Part 77 of the FAA Regulations as

generally and approximately illustrated by the sketch attached hereto as Exhibit 1, as

amended, or any similar regulations which may hereinafter be enacted relating to Airport.

6. The grantee expressly agrees for itself, its successors and assigns, to file a notice consistent

with requirements of FAR Part 77 (FAA Form 7460-1) prior to constructing any facility,

structure, or other item on the land described above.

4

7. . The grantee expressly agrees for itself, its successors and assigns, to not hereafter use,

permit, or suffer use of the land described above in such a manner as to create electrical

interference with radio communication between the installation upon the Airport and aircraft

or as to make it difficult for fliers to distinguish between airport lights and others, or as to

impair visibility in the vicinity of the airport, or as otherwise to endanger the landing, taking

off, or maneuvering of aircraft. By way of example and not limitation, radio communication

interference includes both transmitters and electrical equipment which transmit on the

frequencies used by air-to-ground communication. Prohibited lighting includes, but is not

limited to, search lights, unshielded streetlights, bonfires, and laser pointers. Whenever the

City determines that the grantee has created electrical interference or permitted lights

forbidden by this provision, the City shall give notice to the grantee of the nature of the

violation and allow the grantee a reasonable time, but in no event more than 15 days, to abate

the violation. However, nothing herein shall prevent the City from immediately removing or

mitigating a nuisance or other situation creating a hazard to flight, or from seeking an

injunction against any prohibited radio communication interference or prohibited lights.

8. The grantee expressly agrees for itself, its successors and assigns, to not hereafter. allow food

or wet garbage to be stored on the property, feed birds or undertake any other action on the

property that would foreseeably attract unusually large numbers of birds. Whenever the City

determines that the grantee has undertaken any action that would foreseeably attract large

numbers of birds, the City shall give notice to the grantee of the nature of the violation and

allow the grantee a reasonable time, but in no event more than 15 days, to abate the violation.

However, nothing herein shall prevent the City from immediately removing or mitigating a

5

nmsance or other situation creating a hazard to flight as required by the City' s grant

assurances, or from seeking an injunction against any situation.

The City by its execution of this Deed acknowledges and accepts the easement

herein reserved.

WITNESS the following signatures and seals:

SIGNATURES CONTINUE ON THE FOLLOWING PAGES

V \Company\City ofManassas\2013 Deeds\Cily Deeds\10560 R<doubl Rd\2013_ 1125_8 alcn_DEED OF CONVEYANCE_PJG_MRCdoc

6

COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ____ _ to-wit:

GRANTOR:

CITY OF MANASSAS, VIRGINIA, a municipal corporation of the Commonwealth of Virginia

By: ___________ _ Print Name: ----------------------

Title: ----------------------

I, Notary Public in and for the jurisdiction aforesaid, hereby acknowledge that

acting m his/her capacity as the

_____________ , of ----------------·' signed the foregoing Deed

this _____ day of ______________ , 2014.

Notary Registration Number: ---------------------

My commission expires: ____ ___ _

Form acceptable to City Attorney

By: ______________________ _

City Attorney

Date: -----------------

Notary Public

7

COMMONWEAL1H QE_ VIRGINIA CITY/COUNTY OF Wte../1\ \f. to-wit:

GRANTEE:

OVIDIO BATEN

I, Notary Public in and for the jurisdiction aforesaid, hereby acknowledge that

{!)Vtol 0 J ~} acting m his/her capacity as the

6f1VV~ , of ~t:lSO~ Co)\) \/e. ittJ trAlt--1/)t~fl<{~~oregoing Deed

this 00 day of "-1. /j(Z c.k-1

Notary Registration Number: "'"+ 5 ;;:2. 0 5 Cf 2_

My commission expires: J f .. D 0 ·20 / (/J

4828-3884-7769, v. I

8

Mayra Rodriguez Commonwealth of Virginia

Notary Public Commission No. 7520592

My ComnLission Exp:tes 11~!)16 ~--------------J

0 R 0 I N A :--1 C E #0-98-05

first Rc!ading: Second Reading: Enacted : Effective:

July 28, 1997

August 26, 1997 August 26, 1997

September 25, 1997

AN ORDINA.t\fCE TO REZONE 15 ACRES FROM I-1, LIGHT INDUSTRIAL TO I-2 , GENERAL INDUSTRIAL

\-VHEREAS, the City of Manassas has applied for a rezoning from I - 1, Light [ndustrial, to r -2, General Industrial, on property located at 10221 Residency Road; and

WHEREAS, the Co.~ munity Development staff has reviewed the application and RECOM.NfE,rD~ APPROVAL with proffers; and

WHEREAS, the City Planning Commission held a public hearing on June 4, 1997, after full compliance with all state code public hearing notice, notification, and posting requirements and RECOMMENDED APPROV.A.L with proffers on June 18, 1997; and

WHEREAS, the Manassas City Council held a public bearing on July 21, 1997, after full compliance with all state code public hearing notice and requirements; and

\\'1IEREAS, among the purposes of the zoning called out in Chapter 15.1-489 of the Code of Virginia is: " ... to promote public health, safety, prosperity, morals, or welfare"; and

I

\-VHEREAS, among the matters to be considered in drawing and applying zoning ordinances and districts called out in Chapter 15.1-490 ofthe Code ofVirginia is: " ... the suitability of property for various uses"; and

"WHEREAS, the City Council upon mature consideration finds that approval of R.EZ #97 -05 is justified by public necessity and convenience and general welfare and is consistent with reasonable zoning practices, and that the cumulative effect of the activity proposed will not be detrimental to the character and development of the adjacent land and is in reasonable harmony with the City's land use plan; and

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Manassas meeting in regular session this 28th day of July, 1997, that REZ #97-05 is hereby APPROVED and accepts the attached proffers .

Marvin L. Gillum Mayor On behalf of the City Council

ATTEST: of Manassas, Virginia

rJ}Ad/;L ( tr;_~ Alwilda C. Merritt City Clerk f:\plan\dms\cc\r~s\~:1705rez.ord

REZ #97-05 City of Manassas

PROFFERS

The undersigned hereby proffers that the use and development of the subject property shall be in strict conformance with the fo llowing conditions:

I . All uses permitted under Section 34-112.1 I-1 , Light Industrial shall be allowed.

2. In addition to the I-1 , Light Industrial uses, only the following I-2, General Industrial uses shall be permitted by right: contractors offices; public and semi-public uses, moving and storage facilities.

3. In addition to the I- 1, Light Industrial uses, only the following I-2, General Industrial uses shall be permitted subject to the approval of a special use permit: repair shops and garages of all types. quarters for a Cflretaker or watchman.

4. No use shall be permitted which is projected to generate traffic in excess of that generated by any I -1, Light Industrial use.

5. No use or activity shall be permitted which in any way interferes with the safe and efficient operation of the Manassas Regional Airport.

6. No use or activity shall be permitted which interferes with the development and use of the Cannon Branch Fort site.

7. Screening and buffering against industrial development within the Airport Commerce Center lying to the north and industrially developed property fronting on Residency Road lying to the west may be required depending on the scope and design of the proposed industrial development on the subject property.

Marvin L. Gillum Mayor City of Manassas, Virginia

f:\plan\dms\pc\Srf\9705rez.prl