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Home My WebLink About01-13 Application41G� .j CpG o 4w �� COU o KUYICK a a' Department of Planning and Development 540/665 -5651 1138 yp0' FAX: 540/665 -6395 March 14, 2013 Mr. Gary R. Oates; LS -B, PE SilverWolfe, LLC 1073 Redbud Road Winchester, VA 22603 RE: REZONING 401 -13 WOODSIDE COMMERCIAL CENTER PIN: 33- A -124A Dear Gary: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of March 1''3, 2013.' The above- referenced application was approved to revise proffers ' associated with Rezoning #18 -06. This revision relates to the "Transportation" "section of the proffers. The property is located on the east side of Route 11 and 3,000 + /- feet .north of Hopewell Road (-Route 672), also knownas Exit 32.1 of Interstate 81, in the, Stonewall Magisterial District. The proffer statement, originally dated. March 15, 2007, with finaLrevision date of January 2&, 2013, that was approved as apart of this rezoning application is unique to the above referenced property and is binding regardless of ownership. Enclosed is a copy of.the adopted proffer statement for your records. Pursuant to §165.402,06E9 the County Attorney will present °the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you, have any questions regarding the approval, of this, . rezoning application. Sincerely; Michael T. Ruddy, AICP Deputy Planning Director MTR/bad Attachment cc: Charles S. DeHaven, Jr:, Stonewall District Supervisor Stair Crockett, Stonewall District.Planning Commissioner Jane Anderson, Real Estate Commissioner of Revenue Rod Williams, County Attorney w /original Resolution and Proffers 107 North Kent Street, Suite 202 Winchester, Virginia 226.01 -5000 REZONING APPLICATION #01 -13 WOODSIDE -COMMERCIAL CENTER Staff Report for the Board of Supervisors Prepared: March 4, 201'3 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed. Action Planning Commission: 02/20/13. Recommended Approval Board of Supervisors 03/.13/13 Pending .PROPOSAL 'To revise proffers associate_ d' with. Rezoning #18 -06. This revision relates "`to the "Transportation" section of the proffers. LOCATION: The property is located on the,east side of Route l l and 3,000 + %, feet north of Hopewell Road (Route 672), also known as Exit 321 of Interstate :8:1. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/13/13 BOARD OF SUPERVISORS MEETING: This is _a minor revision to the proffer statement approved with rezoning #1,8. -06. The Applicant is looking to replace proffer i.e.- from the Transportation Section with a comparable monetary contribution in the amount of $75,000 for road improvements. The original proffer Le. to be replaced provided that the applicant would present to the County engineering and surveying services, prior to the first site plan, or at the request of the County. This "is a similar proffer to that offered with the Clearbrook Retail Center Rezoning #09-12. (Note: At their 02/20/13 meeting, The Planning Commission recommended denial of the Clearbrook Retail Center Rezoning #09 -12 to. the Board. of Supervisors) Itshould be noted that the monetary contribution in the amount of $75,000 for road improvements, new proffer Le. is to be paid prior to the first occupancy. pen-nit; The Applicant has provided.estiinates for the services as a representation of the value: of the original proffer. This modification has been reviewed by the County Attorney and, with regards to the changed proffer only, is in the acceptable form. County Transportation Deputy Director Bishop has reviewed the changed proffer and has offered: - I have reviewed the proffer change proposed in the Woodside Commercial Center application. 1 have no issue with the change to a cash profferfrom the previously proffered design and photography. I do however, disagree with changing the trigger of the proffer to the occupancy permit from. its ,current form. Based upon current events, I' expect there is a good chance that this proffer will be needed for the use it was intended for (Bruceto.wn /Hopewell intersection) prior to an occupancy permit... Followinz the public meeting, a decision f'om the Board of Supervisors would be appropriate. A public hearing is not required. The applicarzt'should be prepared to adequately address` all concerns raised by the Board of Supervisors. Rezoning„ #01213 Woodside,Commercial RetailZenter March 4, 2013 Page;_2 Tl1is report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested ill this zoning matter. Unresolved issues . concerning this application are noted by staff `where relevant throughout this staff report. . Reviewed Action Planning, Commission: 02/20/13 Recommended Approval Board of Supervisors: 0.13 /13/13 Pending PROPOSAL:, To revise proffers :associated with Rezoning #18 -06. This revision relates, to the "Transportation" section of the proffers. LOCATION: The property is located on the east side of Routel 11 and 3;000 + /= feetnorth of Hopewell Road ,(Route 672), also. known. as Exit 321 of Interstate'. 8.L . MAGISTERIAL DISTRICT: Stonewall." PROPERTY ID NUMBER: 33- A -124A PROPERTY ZONING: B3 (Industrial Transition), with proffers. PRESENT USE: Residential and agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use,: Residential South: 133 (Industrial Transition) Use: Vacant, East: 133 (Industrial Transition). Use: Vacant RA (Rural Areas) Residential West: RA (Rural Areas) Use: Agricultural /Interstate 81 REVIEW EVALUATIONS: Frederick County Attorney: Proffer is in an acceptable form, The County Attorney's comments are specific to the amended proffer only and did not reevaluate the balance of the proffer statement previously approved by the Board of Rezoning #0 1 - 13 Woodside Conunercial"Retail Center - March 4.2013 Page 3 Supervisors with RZ #18 -0.6. r Transportation: I have reviewed the proffer change proposed in the Woodside Commercial "Center application. I have no issue with the change to a cash proffer from the previously proffered design and photography. I do however disagree with changing the trigger of the proffer to the occupancy permit from its current form. Based upon current events I expect there is a good chance that this proffer will be needed for the use it was intended for (Brucetown /Hopewell intersection) prior to an occupancy permit. Planning & Zoning: 1) Site History Previously RA in zoning, this property was rezoned to B3 (Industrial Transition) District as a Bart of the Woodside Commercial Center in 2007, Rezoning 18 -06. 5) Proffer Statement — Dated March 151 :2007 and final revision on January 28, 2013. Transportation Original Le. Contributions for Road hmprovements in recognition of'off- -site transportation impacts. The engineering" and surveying services (identified by items 'nand ii) will begin prior to the approval of first, site plan or upon request by Frederick County; whichever comes first. The applicant hereby'_ proffers to present the County with an engineered' road ' plan for the realignment' 'of Brucetown Road and Hopewell `Roads at_ Martinsburg Pike. The design will extend 300' north and 300' south on Martinsburg Pike from the intersection with HopewellRoad, and be:bounded,by the Winchester and Western Railroad to the west and the Clearbrook Fire 'Station to the east. A diagram of this area for the intersection design is attached and Labeled as exhibit "A" ii. The applicant-hereby-proffers to present the County-with aerial mapping 'of the Martinsburg Pike corridor. The aerial mapping will begin at the Clearbrook Convenience site entrance to the south and extend 3.125 miles north to the State line with a corridor width'of 30.0':, The: aerial mapping will produce topography with V contour intervals. at 50' scale.accuracy. A.diagram of this intersection: is attached and - labeled as exhibit "B ". New Le. 'Contributions for Road Improvements in recognition of,,off- -site transportation impacts: i. $75,000 to Frederick County to be paid prior to the first occupancy permit. Rezoning 901 -l3 Woodside Coniniercial Retail Center _ March 4, 2013 Page 4 . STAFF CONCLUSIONS FOR THE 02/20/13 PLANNING COMMISSION MEETING: This is a minor revision to the proffer statement approved with rezoning #18 -06. The Applicant is looking to replace proffer Le. from the Transportation Section with a comparable moneiarycontribution in the amount of $75,000 for road improvements. The original proffer 1.e., that is to :be, replaced provided that the Applicant would present to the County engineering a surveyipg services prior to the first site plan or at the request of the County. This is• a similar proffer to. that offered with the Clearbrook Retail Center Rezoning. It:should be.noted that the monetary contribution in the amount of $75,00.0 for road improvements; new proffer I.-e. is to be paid prior to the first occupancy permit. The Applicant;h.as provided estimates for the services as a representation of the value „of the original proffer: Followine the Public meeting: a recommendation re;;ardiva this rezoning application to the Board of Supervisors would be appropriate. A public hearing is not required. The applicatit should be Prepared to adeauately address all concerns raised by the Plannink Commission. PLANNING COMMISSION SUMMARY & ACTION OF THE 2/20/13 MEETING: 'There was discussion among the Commissioners and staff concerningthe wording of the%revised_proffer particularly,that it would be paid prior to the first occupancy permit, and was considered to be�a later time frame than the previous proffer. Because the timing,,of:the.contribution was related to the first building permit, the Deputy Director - Transportation .believed it could delay finding a, solution to the improvements needed at the intersection. Nevertheless, it was believed the monetary contribution provided greater flexibility to match those dollars up with other funds to accomplish the endeavor. Commissioners believed that while the two proffers'were similar in value, it seemed to some degree that the cash proffer would, hold more °value for the _County. The Planning Commission recommended approval of the requestto revise the transportation section of the proffers by the following majority vote: YES' (TO RECOMMEND APPROVAL): Mohn, Triplett, Kenney, Thomas, :Wilmot, Crockett, :Manuel, Ambrogi, Crosen, Unger NO: Madagan ABSTAIN: Oates 1 Val fl y� � A r j r< k%'�Y�.gh1� r, ru F .? 'f /fr, n A V I 1 . I .@'y» W�� t i33G1 " s , -,,. pax'" , �C • .�� /'w°', J--J Note: "t REZ # 01 - 13 Frederick:County.Deptof Planning & Development r ` Woodside Commercial 107 N Kent St I Center Proffer Revision suae2o2 Winchester, VA 22601 PINS: 540 -665 -5651 - 33 -A - 124A Map Created: January 31, 2013 Staff: mruddy 0 75 150 300 Feet Applications Parcels Building Footprints, B1 (Business, Neighborhood District) Q B21(Business, General Distrist) B3,'(Business, Industeial'Transition District) Q EM (Extractive Manufacturing, District) Q HE (Higher Education District) Q M1 (Industrial, LightDisirict) M2 (Industrial, General District) Q MH1 (Mobile Home Community. District) Q MS'(Medical Support District) Q OM (Office - Manufacturing Park) Q R4 (Residential Planned Community District) R5 (Residential,Recreational Community District) o RA (Rural Area,District) RP (Residential Performance District) � A r j r< k%'�Y�.gh1� r, ru F .? 'f /fr, n A V I 1 . I .@'y» W�� t i33G1 " s , -,,. pax'" , �C • .�� /'w°', J--J Note: "t REZ # 01 - 13 Frederick:County.Deptof Planning & Development r ` Woodside Commercial 107 N Kent St I Center Proffer Revision suae2o2 Winchester, VA 22601 PINS: 540 -665 -5651 - 33 -A - 124A Map Created: January 31, 2013 Staff: mruddy 0 75 150 300 Feet REZONING APPLICATIONFORM FREDERICK COUNTY, VIRGINIA To be cornpleled by Planing Stuff, ree Amount Paid $ 7onmb A mendment N ember n / Date Recewed i r PC Hearing Date B:OS Hearing „Date �/ . ' The following information shall he provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Offce "of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street; Winchester. 1. Applicant: Named. SilverWolfe, LLC i Telephone: 540 - 667 -2001 Address: jo73 gedbud Roadn Winchester Virginia 22603 2., Property Owner (if different than above) Name: SilverWolfe, LLC Telephone: 540-667 -200:1 Address: jo73 Redbud goads - Winchester, Virginia 22603 3. Contact `person if other than above Name: Gary R. Oates, LS -B, PE Telephone: 540- 667 -2001 4. Checklist: Check the following items that have. been included with this application. Location map Agency, Comments Plat Fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please Fist below all owners or parties in interest of the land to be rezoned:. Gary Rodney Oates and Gary, Kenzel Oates .6. A) Current Use of the Property: Agricultural B) Proposed. Use of the Property: Industrial Transition (B -3 zoning uses) 7. Adjoning.Property: PARCEL ID NUMBER USE ZONING 33- (A) -125B &,33-(A)-126 Residential RA 33, -(A) -129 Agriculture RA 33 -(A) -131 Agriculture RA 33- (A) -124D Residential RA 33-(A)7124131& 33- (A) -1.24C Residential RA 33 -(A) =125 & 33- (A) -1;25A Residential RA 8.• Location:- The property is located at (give exact location based on nearest road-,,and distance from nearest intersection, using road names and route numbers): Located on the east side of Route 11 and +/- 3000' north of Rte 672 (Hopewell Road) also known as exit.:321 of Interstate 81. 12 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 usethe 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 33- (A) -124A Districts Magisterial: Stonewall High School: James Wood Fire Service: Clearbrook Middle School: James Wood Rescue, Service: Clearbrook Elementary School: Stonewall - 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 8:835 B -3 B -3 8.835 Total acreage to be rezoned 11. The following information should. be provided according to the type of rezoning proposed Number of Units Proposed Single Family homes: 0 Townhome: 0 Multi- Family: 0 Non - Residential Lots. 0 Mobile Home' 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: Service Station:' Retail: Manufacturing: Restaurant: Warehouse: Other: 75,000 13 12.. Signatum, 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 snap 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 wlien 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 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 accurate to the best of my (our). knowledge, Applicant(s): Date:., Date: Owner(s): f Date: Date: 14 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings.:For the purpose of this application, adjoining property is any property abutting -the requested property on the side or rear or any property directly across a public right -of -way, a private right -of- -way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which -inay 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 Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Elaine F. MaGe.e 3703 Martinsburg Pike❑ Clearbrook, VA 226240 Property # 33- (A) =125A Name Deborah,D. Swimley P.O. Box 100 Clearbrook, VA 22624 Property #' 33 -(A) -1258 Name' Everett L. Caton 2060 Cedar Hill Road❑ Clearbrook, VA 22624 Property # 33 -(A) -1,26 3446 Old Charlestown. Road❑ Name James & Carolyn Stimmel Berryville', VA 22611 Property # 33' -(A) -129 & 33 -(A) =131 Name Jack F. Robinson 2140 Woodside Road❑ C_ Iearybrook VA 22624 Property #' 33 -(A) -1248 Name O -N Minerals (Chemstone) P.O. Box 71 ❑ Strasburg, VA 22657 Property # 34- (A) -11 A Name Frederick A. & Un H. Stronko 3656 Martinsburg Pike❑ Clearbrook, VA 22624, - Property 9 33- (A) -124D Name MOHEBATULLAH;VAHIDI 794 Center Street[] Herndon; VA 20170 = Property# 33 =(A) -125 Name. Property # REZONING APPLICATION 901 -13 WOODSIDE COMMERCIAL CENTER. Staff Report'for'the Planning Commission Prepared: February 5, •2013 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 02/20/13 Pending Board of Supervisors: 03/13/13 Pending PROPOSAL:, To revise proffers associated with Rezoning #18 -06. This revision relates to the "Transportation section of the proffers. LOCATION: The property is located on the east side of Route 11 and.3,000 +/ =feet north of Hopewell Road (Route 672), also known as Exit 321 of Interstate 81. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/20/13 PLANNING COMMISSION ,MEETING: This is a minor revision to the proffer statement approved with rezoning #18 -06. The Applicant is looking to replace proffer I.e. from the Transportation Section with a comparable monetary contribution in the amount of $75,000 for. road improvements. The original proffer l .e. that, is to be replaced provided that the Applicant would present to the County engineering a.surveying services prior to they .first site plan or at the request of the County. This is a similar proffer to that offered with the Clearbrook Retail Center Rezoning. It should be noted that the monetary contribution in the amount of $75,000 for road improvements, new proffer Le. is to be paid prior to the first occupancy permit. The Applicant has provided estimates for the services as a representation of the value of the original proffer. This modification has been reviewed by the County Attorney and is in the acceptable form. County 'Transportation Deputy Director Bishop has reviewed the changed proffer and.has offered: I have reviewed the, proffer change proposed in the Woodside Commercial Center application. I have no issue with the change to a cash proffer from the previously proffered design and photography. I do, however; disagree with changing the trigger of the proffer to the occupancy permit from its current form. Based upon current events, I expect there,is a good.chance that,this`proffer will be needed for the use it was intended for (Brucetown/Hopewell intersection) prior to an occupancy permit. Follo,winz the public meeting; a.recommendation rezardin this rezoning application to the Board of'Supervisors` would be appropriate. A public hearing is not required. The applicant should be. prepared to adequately address all concerns raised by fhe.Planning Commission. Rezoning #01-13 Woodside Commercial Retail Center February 5, 2013 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning, Commission and the Board of Supervisors to assist there in making a decision on this . application. It may also be useful to others interested in this ,zoning matter. Unresolved issues concerning this application are noted by staff where relevant-throughout this staff report. Reviewed Action Planning. Commission: 02/20/1-3 Pending Board of Supervisors: 03/13/13 Pending, PROPOSAL: To revise proffers associated with Rezoning #1.8 -06. This revision relates to the "Transportation" section of the proffers,, LOCATION: The property is located on the east side of Route l l and 3,000 ± /- feef.north of Hopewell Road (Route 672), also known as Exit- 321 of Interstate 81. MAGISTERIAL DISTRICT.,: Stonewall PROPERTY ID NUMBER: 33- A -124A PROPERTY ZONING: 133 (Industrial Transition) PRESENT USE: Residential and agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential. South: 133 (Industrial Transition) Use, Vacant East: 133 (Industrial Transition) Use. Vacant RA (Rural Areas) Residential West: RA (Rural Areas) Use: Agricultural /I iterstate'81 REVIEW EVALUATIONS: Fred erick.County Attorney: Proffer is in an acceptable form. Rezoning #01-13 Woodside Commercial Retail Center February 5, 2013 Page 3 Transportation: I have reviewed the proffer change proposed in the Woodside Commercial Center application. I have no issue with, the change to a -cash proffer from the °previously proffered design' and photography. I do however disagree with changingthe trigger ofthe proffer to the occupancy permit from its current form. Based upon current events I expect there is a good chance that this proffer will be needed' for the use it was intended for (Brucetown/Hopewell intersection) prior to an occupancy permit. Planning &. Zoning: 1) Site History Previously RA in zoning, this`property was rezoned to B3 (Industrial Transition) District as a part of the Woodside Commercial Center in 2007, Rezoning. 18 -06. 5) Proffer Statement — Dated March 15, 2007 and final revision on January 28, 2013. Transportation Original Le. Contributions for Road Improvements in recognition of off -site transportation impacts. The engineering and "surveying services (identified by items i,and ii) will begin prior to the approval of first site plan or upon request by Frederick County; whichever comes first. i. The applicant hereby proffers to present the County with an engineered road plan for the realignment of BrucetoWn Road and Hopewell .Roads at Martinsburg Pike. The. design will extend 3:00' north and 300' south on Martinsburg Pike from the intersection with Hopewell Road, and be bounded by the Winchester and Western Railroad to the west and the Clearbrook °Fire Station to the east. A diagram of this area for the intersection design is attached and labeled as exhibit "A ". ii: The applicant hereby proffers to present`the County with aerial mapping of the Martinsburg Pike corridor-. The aerial mapping will begin at the Clearbrook Convenience site,entrance to the south and extend. 3.125 miles north to the State line with a corridor width of 300'. The aerial mapping will produce topography With V contour intervals at 50' scale accuracy. A diagram of this.intersection is attached and labeled as exhibit "B ". .New I.e. Contributions for Road Improvements in recognition of off -site transportation impacts. i. $75,,0.00 to Frederick County to be paid prior to the, first occupancy permit. Rezoning #01 -13 Woodside Commercial Retail Center February 5, 201'3 Page 4 STAFF CONCLUSIONS FOR THE 02/20/13 PLANNING COMMISSION MEETING: This is a:minor revision'to the proffer statement approved with rezoning #18 -06. The Applicant is looking to replace proffer Le. from the Transportation;Section with a comparable monetary contribution in the amount of $75,000 for road improvements. The original proffer Le. that is to be replaced provided that.the Applicant would present to the County engineering a surveying services prior to the first ,site plan or at the request of the County. This is a similar proffer to that offered with the Clearbrook Retail Center Rezoning. It should.be noted that the monetary contribution in the amount of $75,000 for road improvements, new proffer l,.e. is to be paid prior to the first occupancy permit. The Applicant.has provided estimates for the services as a representation of the value of the original proffer. Following the public meeting „'a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. A public hearing-is not required/ The applicant should be prepared to adequately address all concerns raised by the Planning Commission. -