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HRAB 02-16-99 Meeting AgendaNa 0 1 "d.0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 MEMORANDUM TO: Historic Resources Advisory Board FROM: Christopher M. Mohn, Planner ire SUBJECT: February Meeting DATE: February 10, 1999 The Frederick County Historic Resources Advisory Board (HRAB) will be meeting on Tuesday, February 16, 1999 at 7:30 p.m., in the first floor conference room of the Frederick County Administration Building, 107 North Kent Street, Winchester, Virginia. AGENDA I. Review of a request by Dave and Viola Orndorff to rezone a six (6) acre parcel from RA (Rural Areas) to B2 (Business General). The potentially significant Sherman -Rogers -Sargent House (DHR file 9 34-1345) sits on a parcel that is immediately adjacent to the Orndorff property. The applicant is represented in this matter by Greenway Engineering. (See attachments) ii. Review of a request by Jack Wampler, Sr., et al, to revise a proffer accepted by the Board of Supervisors regarding the provision of a buffer intended to protect the historic L.O. Dick House. The applicant is represented in this matter by Greenway Engineering. (See attachments) M. Other Please contact this office if you will be unable to attend. Thank you. Access to this building is limited during the evening hours. Therefore, it will be necessary to enter the building through the rear door of the four-story wing. I would encourage committee members to park in the county parking lot located behind the new addition or in the Joint Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing. Attachments CMM/ U:\CfflUSMIC0NM401, RAB\FEB99MTG.WPD 107 North Kent Street • Winchester, Virginia 22601-5000 Frederick County Historic Resources Advisory Board Regular Meeting - February 16, 1999 Background Information Regarding the Sherman -Rogers -Sargent House: According to survey information obtained through the Virginia Department of Historic Resources, the Sherman -Rogers -Sargent House is potentially significant as an example of early 19th century vernacular architecture. The house is a two-story log structure that was constructed in two sections which share a large central brick chimney. In addition to the dwelling itself, several outbuildings are located on the 120 -acre parcel. The Sherman -Rogers -Sargent House is commonly regarded as one of the oldest structures in the Stephens City area. The Sherman -Rogers -Sargent House is located approximately 750 feet from the boundary line of the Orndorff parcel. Furthermore, in accordance with standard Zoning Ordinance requirements, development on B2 -zoned land that is adjacent to RA -zoned property that is used residentially must provide a `B" category buffer along its property line. Such a buffer typically involves an additional setback for all activity on the site, as well as the provision of enhanced landscaping and screening. Staff recommends that these factors be considered during evaluation of the potential impacts of the proposed rezoning on the subject historic resource. Background Information Regarding the Jack Wampler, Sr., Request: During the October 20, 1998 meeting of the HRAB, a rezoning request by Jack Wampler, Sr. was reviewed. Specific recommendations were made regarding provision of a buffer area adjacent to the property line nearest the potentially significant L.O. Dick House. These recommendations were eventually proffered by the applicant as a component of their successful rezoning of the tract from RA (Rural Areas) to both B3 (Industrial Transition) and B2 (Business General). The applicant has agreed to dedicate a fifty (50) -foot wide strip of land adjacent to the Stonewall Elementary School property to Frederick County to further buffer the school from the impacts of the proposed B3 use(s). To compensate for this loss of land, the applicant is requesting that the 100 -foot buffer area proffered to protect the L.O. Dick House be reduced in width to fifty (50) feet. The six-foot high berm with evergreen screen included in the original proffer language would be provided within the revised buffer area proposed by the applicant. The HRAB is charged with formulating a recommendation concerning the treatment of these potentially significant historic resources with regard to the respective requests. The HRAB's comments will be incorporated into the staff reports that will accompany both the rezoning application and proffer revision request. U. 1CHR[&VPCOMMONIHRABlFEB99,r I.WPD Rezoning Comments Historic Resources Advisory Board 1_!'tail t07 Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 Hand deliver to: Frederick County Department of Planning & Development Co. Administration Building, 4th Floor 107 North Kent Street Winchester, Virginia Applicant's Name: Greenway Engineering Telephone: (540) 6624185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Attn: Ralph Beeman Location of property: ©rndorff Rezoning: On Tasker Road, lig on both sides of Tadpole Lane. Current zoning: RA Board Comments: Signature & Date: Zoning requested: B2 Acreage: 6.0 RECEIVED JAN 2 8 1999 VIRGINIA r % __., Fite no- 34-- 1345 ILANDMARKS �� Ne ben s. II7I3 a�' --- HISTORIC MSTRICT/BAF - SURVEY FORidg ' City/Town/ Village/ Hamlet RURAL COUN'T'Y County FPMERICH. . Street address or route number Rt. 636 U S.G.S. Quad -- Si:ephens City Histor game W.S. & C.W. Sherman Common name Sherman—Rcge-rs—Sargent House I�resei �e PESIDI:NI'IAL- Building Style- - VernacularOriginal use RESIDEI�ILTIABuilding Date(sy early 19th C_ , mid 19th C. Construction Materials 0 wood frame 0 brick bond: ❑ Englisch ❑ Flemish D -course American ❑ stretcher ❑ other ❑ stone © random nibble ❑ coursed rubble ❑ ashlar ❑ dressed log: squared notching; ❑ V -notch ❑ saddle ❑ square ❑ concrete block 0 terra cotta ❑ steel frame ❑! other - Clad ng Material 0 ,--- atherboara ❑ ical siding ❑ . _.srd & batten i] shingle: ❑ wood ❑ asbestos 0 asphalt ❑ brickiex ❑ other 0 unsquared 0 half dovetail ❑ full dovetail 0 diamond - ❑ composition siding - 0 stucco ,�Aluniinuxn or vinyt diding ❑ casi-tro� CI sheet metal Q enameled metal CI glass 3. (number) 2 low basement - ❑raised basement 4. Bays (number)r front 15 side (church) 0 3311232Tietrical thical 5. Roof in ❑�st]xd _ ©:ripQed - parapc' Q Q prey arardxudal? /. O pe:dunent� Q false - - mansard ❑ parapet?. Qgambrel ❑ dipped' ends D flat Q'cross gable+".. : , - - O parapet? 0 central front gable? - = - Q roof not visible Q other 6. Rooftthg Material Q shingle Qcompoution (asphalt, asbestos, eta) wood SCam - " O cacrugauted Q pressed tires( sltirgtes) -- _ � pa:'ti1e--. -- .�._�......-.-: � � �-:: : _. -.. ❑glazed 7 17ormers(nurrrnberr-_1- -4ront - - Q gable ❑ pediment".► . Q hPPcd 8. Primary Poreh _ style Vernacular storms levels _.. fihl l he-i`hf-, bays Material . description and decorative details Stied roof; new fluted doric columns; concrete -load butIn lexnez}ta, son anddecoration-Main house is to �peetio�s slzag�n a large, int. brick chimney 2 front doors, ons:- on riigh9 has 3-11ght transom above; a tic n weinsi S,_V&nsad basement entry; 4 -light 10. Major additions and. alterations: Rear 1-st6ry enclosed shed -roofed porch; rear I -story me gabled frakitchen wing w/ int. end brick flue. 11. Outbuildings Concrete block me!athouse; 2 frame meathouses/sheds w/ overhangs; frame chicken coop; outhouse; corncrib; 1960s gambrel-ioofed barn. 12. Landscape Featut= 120 acres; pond; right off road_ 13. Significance: Early 19th C_ vernacular log dwelling built in 2 sections w/ original central brick chimney. One of oldest structures in the area. Surveyed by. M. I<ALBIAN & J.PERKTNS Dater 4/92 �' Plan and Massing (Note original features, additions, and alterations) Drawing of Plan Sketch of Site Plan ❑ 1:3 D �n t7 mq D ' Ili' -,- Historical Information 76 :J Y70PEN�-1E 371—'% 42 co �t Jr' 0 a o� ® �3 ARE �o�TO E RE N �� ED� m- �a 3 2 MaCh ce 0, v urc a 49 47 261-440 53C r �O^ csi 53B NOTES 1345 SHEIUI N-ROGERS-SARGENT HOUSE USE PROPERTY: P.I.N. 76-((a.))-43 Plan Showing Historic Structures near the property, of Dave & Viola ®rndorff Frederick County, VA SCALE: 1"=500' DATE: Jana , 1999 GREEN A C EN1 EEF ANE Engineers W NC E TER,51 WINDYH VA. ILL 22602 Surveyors TELEPHONE: (540) 662-4185 Fatinded ins 1971 FAX: (540) 722-9528 48A 265-374 T� s 4 7 4153D/ C 53A U MARK D. SMITH 9 No.022837 w s�rar�A� REZONING APPLICATION FORM FREDERICK COUNTY, VIRGLNIA 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: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above) Name: Telephone: (540) 667-0738 Address: 178 Ole Orchard Drive Clearbrook, VA, 22624 3. Contact person if other than above Telephone: (540) 662-4185 Name: Mark D. Smith, P.E.. L. S.. Telephone: (540) 662-4185 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 RECEIVED JAN 2 8 1999 DEPT, OF PLANNINGIDEVELOPMENT 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: Dave and Viola Orndorff 6. A) Current Use of the Property: Agricultural undeveloped B) Proposed Use of the Property: 6.0 acres Commercial 7. Adjoining Property: Please see attached PARCEL ID NUMBER USE ZONING S. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): On the southwest comer of Tasker and Tadpole Lanes. 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 or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number Districts Magisterial: Shawnee Fire Service: Stephens City_ Rescue Service: Stephens Cites_ High School: Sherando Middle School: R. E. Aylor Elementary School: Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 6.0 RA B2 6.0 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Number of Units P=osed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: S uare Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: 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. 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: Date: Date: Owner(s): Date: Date: Date: Date: Adjoining Property Owners 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 County A&ninistrative Building, 107 North Kent Street. Name and Property Identification Number Address Name VanMeter, Dale 1789 Macedonia Church Road White Post, VA 22663 Property # 76-((A))-36 Zone: RA Use: Residential Name Welch, Gene E.. 1773 Macedonia Church Road White Post, VA 22663 Property # 76-((A))-37 Zone: RA Use: Residential Name Sargent, John 1-i. Estate. 255 White Oak Road White Post, VA 22663 Property # 76-((A))-42 Zone: RA Use: Undeveloped Name Heflin, William E. 113 Tadpole Lane White Post, VA 22663 Property # 76-((A))-44 Zone: RA Use: Residential Name William Heflin, et ux 113 Tadpole Lane White Post, VA 22663 Property # 76-((A))-47 Zone: RA; Use: Residential Name Tinsman, Betty J. 1804 Macedonia Church Road White Post, VA 22663 Property # 76-((A))-48 Zone: RA Use: Residential Name Jeni Company P.O. Box 888 Winchester, VA 22604 Property # 76 -((A)) -48A Zone: MI, Use: Undeveloped Name Jeni Company P.O. Box 888 Winchester, VA 22604 Property # 76-((A))-49 Zone: RA, Use: Undeveloped Name Property # IMPACT STATEMENT DAVE & VIOLA ORND OWFF PROPERTY ID NUMBER 76-((A))-43 REZONING APPLICATION .January 26, 1999 Greenway Engineering 151 Windy Hi11 Late Winchester, VA 22602 RECEIVED JAI 2 9 1999 DEPT. OF PLANNINGIDE` ELOPME _ Greenway EnVneering January 26, 1999 Orndorff Impact Statement INTRODUCTION The subject property, tax parcel 76-((A))43, is located on Tasker Road (Route 642), and lies on both sides of Tadpole Lane. The current zoning for the 6.00 acre parcel is "RA", and the proposed zoning is "B2". This report has been prepared for the purpose of assessing the impact on Frederick County by this rezoning. SITE SUITABILITY Flood Plains The subject site is located on FEMA NFIP MAP # 510063-0200-B. The site is located within a "ZONE C" area. As shown on said map, no portion of the site is in a 100 year flood plain. Wetlands There is a small marshy area (less than 1000 si) on the northeast comer of the subject property that may be classified as wetlands. Mature Woodlands There are no mature woodlands on the subject site. Soil Types Information for soil types on this site has been obtained from the Soil Survey of Frederick County, by the USDS Soil Conservation Service. Prime Amicultural Soils The soils on the subject property are listed as being "fairly well' to "moderately well' suited to cultivated crops, and are "moderately well suited" to "well suited" to hay and pasture. Steep Slopes There are no steep slopes on the subject property. Construction Concerns Bedrock lies within 27-30" of the surface on the subject property. Also, there is also a seasonal high water table (within 6" of the ground surface) between October and April. Greemmy Enb veering January 26, 1999 Orndorff Impact Statement SURROUNDING PROPERTIES All of the properties adjoining the subject site are either undeveloped or are single-family homes. The nearest home lies on parcel no. 76-((A))-47, and is approximately 250' from the subject property. All other homes are greater than 300' from the subject site. There is no anticipated negative impact on these homes due to commercial development of the subject property. BASIS FOR DETERIMTNING IMPACT RA The existing "RK' zoning for the 6.0 acre site will allow for a maximum residential density of one single family detached home. M. The cumulative total floor area of all primary -use buildings within the proposed B2 zone has been limited by proffer to 48,000 square feet. All impacts created by this rezoning have been calculated with this proffered maximum area, and with a designated use of "retail space." TRAFFIC ANALYSIS V.D.O.T. has classified Tasker Road (Route 642) as a major collector, and Front Royal Pike (U.S. Route 522) is classified as a minor arterial. No traffic counts have been made on Tasker Road since its completion two years ago. However, the state highway plans for Tasker Road reveal a design volume of 6,910 trips per day using 1989 as the design year. V.D.O.T. Office Services Specialist, Vega Ziemer, supplied data from the latest traffic studies on Route 522: EXISTING TRAFFIC COUNTS Road Date of Study ADT (vehicles/day) Route 522, from Route 642 to Route 644 1996 8,200 Route 522, from the Clarke Co. line to Route 642 1996 7,100 The existing "RA" zoning for the 6.0 acre site will allow for one dwelling unit. Under the proposed zoning, the maximum traffic impact from the site is the equivalent of that generated by 48,000 sf of retail space. The following table is based on trip data taken from the ITE Trip Generation Manual, 6th Edition - 2 Greemmy Engineering January 26, 1999 Orndorff Impact Sta%mens TRIP GENERATION DATA Zone Use Density PEAK HOUR TRIPS ADT (vehicles/day) AM PM Entering Exiting Entering Exiting Existing RA Single Family Detached 1 0 1 1 0 10 B2 Retail 48,000 30 19 122 93 2,060 Total: 2,050 The development of the rezoned site at the maximum density could therefore generate 2,050 trips per day. It is expected that 66% of the increased traffic will travel the western portion of Route 642, towards Stephens City. This would result in 1,370 trips westbound, and a 20% increase in traffic over the 1989 design volume. In addition, the subject site at maximum buildout would generate 680 trips on Tasker Road eastbound, which is a 10% increase in traffic. WATER SUPPLY The total water consumption for the subject property at maximum buildout is estimated to be 12,000 gpd. There is currently a 12" water main located on Macedonia Church Road where it intersects Tadpole Lane, being about 600' from the subject property. John Whitacre of the FCSA said that there was capacity in this water main for the proposed use of the subject site. The subject property lies within the Frederick County Sewer and Water Service Area. SEWAGE CONVEYANCE AND TREATMENT Based on water consumption at full build -out, the subject site will add 12,000 gpd to the sewage conveyance system. There is a 6" sanitary sewer force main that runs along the front of the subject property. According to John Whitacre of the FCSA, there is capacity in this sewer main for the waste generated by the subject site. A pump station will have to be constructed on the subject property that will pump into this force main. DRAINAGE Directly across from the subject property is a wet pond and a stormwater detention pond. The overflow from the wet pond flows into the stormwater pond, and then into an unnamed tributary of Wright's run. The runoff from the subject property drains toward Tasker Road and through a culvert into said stormwater pond. The watershed for this detention pond is approximately 135 acres, and includes the subject site. At maximum buildout, the subject property will create an additional 20.0 cfs of runoff flowing into this pond. A detailed stormwater analysis will be made during the site plan process to determine whether a stormwater detention pond will be needed on Greenway Engineering January 26, 1999 Orndarf bnpad Statemmt the subject property, or whether the existing detention pond can adequately handle the increased runoff. SOLID WASTE DISPOSAL The subject property is expected to generate 1,370 cy/yr in solid waste- PIISTORIC SITES AND STRUCTURES There are no historic structures on or near the subject property. There are also no potential historic districts nearby. COMMUNITY FACILITIES The impact on the utilities and infrastructure near the site has been estimated by the Frederick County Capital Facilities Impact Model. Please refer to Appendix 3. OTHER IMPAC'T'S No additional impacts are forseen by the development of the subject property. 4 11 9 Q no -a. X rn 96 94 N o � 13 ,/ �G 7 14 ,y 96 Ise 15 Weal or4in� 99A 18 18A A e 'x? 95 A 97 Parkins 19 B Lillis / � 20 97 23 ai >� 93A h 22 Nom" 938 01i 93 94 �9 92 6 _ 9t wC•O` 90A P ° C 5 ' Armel = Elementary 4 3 V5 school ^� ° i rr M 9 y / 2 1 101 d q 90 0210, }00 e Mn q�s c -89 1038 �f 100 �+ 31 103 s 31A 81 87 86 ds 78 tOaC �•; /.�inYf �ff 32 49D :1: 83 75 M ac onia ur 77 s ` 4 8a 496 49 wry "n hr_ 49C 68 / rouAlf R t r," � 49A sx 104A 48 1048 105 I, w 48A 51 ei 10• 62 42 x 51C FrNs Low R r" fi Q 31 ,CJ 516 61 60A u'7 ' a ` ata 52 :a Tax map no. 75/76 BOB 'os o Frederick County s4 117 109 4�,� Appendix I d s �. I description, and the parties have agreed that the tract of land intended to be con- veyed was described in a plat and survey description made by Richard U. Goode, date April 29, 1947 and a copy thereof made January 20, 1960, which plat and survey des- cription is hereto attached and made a part hereof. NOW, UEREF'ORE, in consideration of the premises, the Grantors do grant, with general warranty of title, unto the Grantees, jointly and in equal proportions, all of that certain tract of land adjoining Road No. 642 on the North, and being more particularly described by the said plat and survey description, to which plat and survey description a reference is here made for a further and more particular description. WITNESS the following signatures and seals: W. F. ARTRIP (SEAL' State of Virginia., LEOTA M. ARTRIP County of Frederick, to -wit: I, Mrs Jeanne A. Spaid, a Notary Public of and for the State and County aforesaid, do certify that W. F. Artrip and Leota M. Artrlp, whose names are signed to the foregoing instrument, bearing date on the 30th day of January, 1960, have acknowledged the same before me in my State and County aforesaid. Given under ay hand this 30th day of January, 1960. MY commission expires December 31, 1961 hIIiS JFJUVNE A. SPAID N . Q m Z� NOW OR FORMERLY SARGENT Io Z m z s \` � s� al 2 � �— N3 CO C.W ro LAND OF W -J. HEFLIN 42.99 ACRES N \ 'o .\\\\ 2 - I415.7 3 1.4 4 S 21 W NOW OR FOfyMEALY FATES INOW OR CpAMERLY W. ARTRIP I I The above tract of land, located about 521 miles South of Win- I chester, on the South side of Road No. 642, and situate in Opequon Magisterial District, Frederick County, Virginia, is bounded as follows: Beginning at (1) a post in a fence corner, a corner to the land now or formerly Sargent and in the South line of Road No. 642; thence with the Sout Boundary Survey f Appendix 2 l I 6a s = CZ S I9 CG^1i�— /V 31' 3D0.00 30 • y�r- /�� �So' 22.�� X96.£2-�. � ' r- �j•/,.i0 � , o � � /•'i w�C C7./k /arc �' • iJ,' �:Fl,.. ��, moa-•.c7� 1 �yyv✓ ��` -, a'l't TIN R. SHCRII y `-FRTIFICPTE No QUEWIN R. SHORTY ^ o _ci1i0 LOy�/%� i . �r Sit ' �' ft SJ CEP TIMED LA'ID SURVEYOR 'a fa� OOYCE, VIRGINIA 'ntj I,ANUSti Greenway Engineering January 26, 1999 Dave & Hola Orndorff REZONING REQUEST PROFFER PROPERTY ID NUMBER 76-((A))-43 Dave & Viola Ornflo � f Pursuant to Section 15.2 - 2296 Et Seq., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve rezoning application # for the rezoning of approximately 6.00 acres from the Rural Areas (RA) zoning district to the Business General (B2) zoning district, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with said code and zoning ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors, heirs, or assigns. In the B2 area established by this rezoning, the maximum cumulative floor area of all buildings in said B2 area that are primary to the use of a parcel shall not exceed 48,000 square feet. 2. TRANSPORTATION Signage, turn lanes, widening, signalization, and entrances shall be installed as warranted and required by the Virginia Department of Transportation. The owner hereby agrees to pay for said improvements, in whole or part, as determined by the Virginia Department of Transportation. 3. MONETARY CONTRIBUTION TO OFFSET UVTACT OF DEVELOPMENT The undersigned owners of the above-described property hereby voluntarily proffer that in the event rezoning application # is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia, at the time a building permit is issued for said property, the sum of $900.00 for fire and rescue services. Greenway Engineering January 26, 1999 Dave & Viola Orndorff The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Dave Orndorff Commonwealth of Virginia Viola H. Omdorff City/County of To Wit: The foregoing instrument was acknowledged before me this 1999 by My Commission Expires 2 day of , Notary Public s • • Rezoning Comments Historic Resources Advisory Board Mail to: Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 Hand deliver to: Frederick County Department of Planning & Development Co. Administration Building, 4th Floor 107 North Kent Street Winchester, Virginia Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Mailing Address: 151 Windy M Lane Winchester. VA 22602 Attn: Ralph Beeman Location of property: West side of Martinsburg Pike (U.S. Route 11 about 0.5 miles south of intersection with Route 672 zoning: B-3 Zoning requested: RA Acreage: 0.69 J �.-t �r— February 5, 1999 Frederick County Planning Department 107 N. Kent Street Winchester, VA 22601 ATT: Chris Mohn Planner II Re: Wampler Proffer Revision Dear Chris: The Frederick County administration has•proposed that Mr. Jack Wampler, Sr., et als, owners of parcel no. 33 -((A)) -164D, dedicate to Frederick County a 50' wide strip of land on said parcel adjoining the Stonewall Elementary School. Mr. Wampler has agreed to dedicate this land. To compensate for the loss of property, however, a proffer revision has been made, which includes a request for a buffer reduction on the north side of said property, adjacent to parcel no. 33 -((A)) -164E, and nearest the L.O. Dick House. Said buffer is not required by ordinance, but is a condition of rezoning, having been proffered and accepted by the Frederick County Board of Supervisors. The proposed buffer would be a 50' active -distance buffer, with a 6' high earth berm and evergreen screen. Greenway Engineering came before the Historic Resources Advisory Board for comments during the rezoning of this property. The HRAB comment is enclosed. On behalf of our client, I am asking the HRAB to comment on this proffer revision. Thank you for your time in this matter. Please call me if you have any questions. Sincerely, Greenway Engineering Ralph Beeman (540) 662-4185 Enclosures EIv; FEE.081999 DEPT. OF PLANNING/DEMOPMaT LII 7L,e,P S Su.-/cyrrS lelepeone 540-662-41,35 rtk: 540-722-952S Greemvay Engineering February 4, 1999 Jack K. Wampler, Sr., et als REZONING REQUEST PROFFER PROFFER REVISION PROPERTY ID AVMBER 33 -((A)) -164D Jack K. Wampler, Sr., et als Pursuant to Section 15.2 - 2296 Et Seq., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve rezoning application # for the rezoning of approximately 0.69 acres from the Industrial Transition (B3) Zoning District to the Rural Areas (RA) Zoning District, and shall accept these proffered conditions and proffer revisions, then development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with said code and zoning ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors, heirs, or assigns. The subject property is more particularly described as all of the land conveyed to Jack K. Wampler, Sr. and Polly J. Wampler, and Jack K. Wampler, Jr. and Peggy Wampler by deed from Kimberly Dick Richardson and John Franklin Richardson dated August 12, 1988 of record in the Frederick County Court Clerk's Office in Deed Book 690 at Page 228. The subject property is further described by survey, attached to said deed, prepared by Thomas A Shockey and dated August 10, 1988 and is purported to contain 20.00 acres. The area to be rezoned consists of a strip 50' wide, runs the entire length of the adjoining boundary with parcel 44-((A))-82, and contains approximately 0.69 acres. The proffered conditions and revisions are as follows: 1. LAND DEDICATION The owner of the subject property shall dedicate to Frederick County a 50' wide strip along the adjoining boundary with parcel 44-((A))-82. This area corresponds to the entire area that is being rezoned. 2. BUFFER REDUCTION The following are amendments to the rezoning request proffer for the subject property, P.I.N. 33 -((A)) - 164D, which was a condition of rezoning application #015-98, and was approved by the Frederick County Board of Supervisors on December 9, 1998. a) Article 1, entitled "Buffering and Screening" is hereby amended, to remove the requirement for a 50' inactive buffer. No buffer shall be required on the subject property adjoining parcel no. 44-((A))-82. Greemvay E'npneenng February 4, 1999 Jack K. Wampler, Sr., et a& However, the requirement for an evergreen screen shall remain, said screen consisting of three trees per ten lineal feet that are at least four feet in height at planting. These screening requirements shall be binding as long as a public school is operational on said adjoining parcel. b) Article 4, entitled "Buffering and Screening" is hereby amended, to remove the 54' inactive portion of the buffer requirement_ The buffer along the adjoining boundary with parcel no. 33 -((A)) -164E shall therefore be a 50' active -distance buffer. As stated in the above -referenced proffer, this buffer shall include a 6' high earth berm, with an evergreen screen planted on top of the berm, consisting of three trees per ten lineal feet that are at least four feet in height at planting_ The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the owner. In the event the Frederick County Board of Supervisors grant this rezoning and accept the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Property Owners Jack K. Wampler, Sr. Polly J. Wampler Jack K. Wampler, Jr. Peggy Wampler Commonwealth of Virginia City/County of To Wit: The foregoing instrument was acknowledged before me this day of '1999 by Notary Public My Commission Expires .fir r-21-?,? LIED 14:44 PRE DER ICK COUNTY 1 54957aO6S2 P.Q1 Rezoning, C'ornments _. `�_ �:c..,.,.; i.' ?:..�..r:�= _:-.e�f':�3_• _. �:?.:.1.:1tSs'KCG•�.i�3,':.�1'�;�r�.f.LL'E"*.-^yi:'�'.:r�t�:•_ $"r...-..1"�:;:u'.''J Historic Resources AdYisory ]Board Frederick County Depar*snent of Planning & Development 107 North Kent Stre ct Winchester, Virginia 22601 (540)565-[651 Band dem to., Frederick County Department ofPianning & Development Co. Administration Building, 4th Floor 307 Noah Kent Street Winchester, Virginia Applb=nt: Please fl U out the information as accurately as possible in order to assist the Historic Rcsaurces Ad risory 3o d vv:th heir review. Attach a ropy of your appl l=tion form, location map, proffer sta#ament, impact analysis, and any other pertinent iafiarm�tinn_ __ . , • • App!icint's`.arne: Gzeenwa:[ En ineerina, Telephone: 662-418 Mailing Address: 151 windy Hill Larne W IZ4L Z260,1 o Location of property: X2.ar side of _ H3rti�sburQ Pike (U.S. Route 11) about 0.5 miles south cf tl,e intersection with Route 672. Current zoning: RA Zoning rcquested: B-3 Acreage: 20.04 Advisory Board Comments: . The HFAB made the following reco=endationa during their 10/20/98 meeting: 12 An archeological scudo of this site should be conducted pr,or to any deyelopcent. Z A 104' buffer should be maiitaiaed along the length og ��r'i .3't • 9 3 L the Richardson 2roperty, 3) A six-foot high sas.th berm v1 eve'rgraQa trees shouLi be provided. to the property bend m? evergreens continuing to .S;?nature $ Date: ' a I _, _ 1 _ . 1" Notice to rldviso its Return Form to crack. — N 50?P09` E T38A2' _ N 50'04'03• E 6R3P 7—c" a oy B-2 ZONE m98m' ml Ir tif" x O N N Y Q o co ¢ Z x DATE, 2/4/99 SCALE, 1"=120' DESIGNED BY, RCB JOB NO. 2009 SHEET 01 OF 01 � a U 5 e� O O a DATE, 2/4/99 SCALE, 1"=120' DESIGNED BY, RCB JOB NO. 2009 SHEET 01 OF 01