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Home My WebLink About06-05 ApplicationJune 3, 2005 Mr. Stephen C. Slaughter, Jr. Slaughter Properties PO Box 696 Winchester, VA 22604 RE: REZONING #06 -05, FREDERICK BLOCK CO. Dear Mr. Slaughter: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of June 22, 2005. The above referenced application was approved, revising proffers attached to Rezoning #01 -03 of Frederick Block Company concerning the rezoning of 2.63 acres to B2 (General Business) District and 2.01 acres to B3 (Industrial Transition Business) District. The subject property is located on the eastern side of Martinsburg Pike (Route 1 1 approximately 3,400 feet north of the intersection of Route 11 and Lee Avenue, and is identified with Property Identification Number 54A- 1 -15B, in the Stonewall Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. The Department looks forward to working with you and the applicants during the development of this project. Sincerely, Candice E. Perkins Planner II CEP /bad a ntiA cc: Lynda J. Tyler, Stonewall District Supervisor John H. Light, Stonewall District Planning Commissioner Jane Anderson, Real Estate em: Charles S. DeHaven, Jr., Stonewall District Planning Commissioner Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 REZONING APPLICATION #06 -05 FREDERICK BLOCK COMPANY Staff Report for the Board of Supervisors Prepared: May 25, 2005 Staff Contact: Candice E. Perkins. Planner II This report is prepared by the Frederick Count' Planning Staff to provide infiornmtion to the Planning Commission and the Board of Supervisors to assist tlzenr in making a decision on this application. It may also be usefid 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: 05/18/05 Recommended Approval Board of Supervisors: 06/22/05 Pending APPROVED PROPOSAL: To revise proffers attached to Rezoning #01 -03 of Frederick Block Company concerning the rezoning of 2.63 acres to B2 (General Business) District and 2.01 acres to 133 (Industrial Transition Business) District. LOCATION: The property is located on the eastern side of Martinsburg Pike (Route 11), approximately 3,400 feet north of the intersection of Route 11 and Lee Avenue. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54A -1 -1513 PROPERTY ZONING: 132 (Business General) 133 (Industrial Transition) PRESENT USE: Office /Commercial ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) Use: Residential South: Zoned M2 (Industrial General) District Use: Industrial (Glover Petroleum) East: Zoned M1 (Industrial Light) District Use: Industrial (Southeastern Container) West: Zoned B2 (Business General) District Use: Industrial /Office and M2 (Industrial General) District (S hockey Companies) REZ #06 -05. Frederick Block Company Page 2 May 25, 2005 PROPOSED USES: Continuation of the existing office, commercial and outdoor storage uses. Planning Zoning: 1) Site History The original Frederick County (U.S.G.S. Winchester Quadrangle) zoning maps depict the site as parcels zoned R -1. In1980, parcel 54A -1 -15B was changed fromRl to B2, parcel 54A -1 -15C was changed from R1 to M -1, and 54 -A -15D was changed from RI to M -1. Parcels 54A -I 16 and 54A -1 -17 were changed from RI to RP during the comprehensive rezoning of February 14, 1990. In 2003, the County considered rezoning application #01 -03, a request to rezone the subject properties from the B2 (Business General), RP (Residential Performance) and Ml (Light Industrial) Districts to the B2 (Business General) and B3 (industrial Transition) Districts. This application contained various proffered conditions; they are as follows: 1. The applicant proffers that the following land uses are prohibited on the site: Motor freight transportation and warehousing, transportation by air, hotels and motels, organization hotels and lodging, drive -in motion picture theaters, golf driving range and miniature golf courses and adult retail. 2. Access to the site is limited to two commercial entrances off of Martinsburg Pike and these entrances will be aligned with the existing entrances of the Shockey Companies. 3. The applicant proffered to install a right -turn lane at the new commercial entrances on Martinsburg Pike, if warranted by VDOT. 4. The total structural area is limited to 50,000 square feet. 5. The applicant hereby proffers to refurbish the existing stone wall along Martinsburg Pike and to construct rounded decorative F lails at the new commercial entrances also located on Martinsburg Pike. 6. The existing freestanding business sign will be refurbished. This sign will not exceed twenty feet in height and is proffered to be the only freestanding business sign on the property. Any additional business signs located along the Martinsburg Pike corridor will be monument signs that shall be limited to a maximum height of 12 feet. 7. The site will be consolidated within 90 days of the approval of the rezoning approval. 8. The applicant proffers to maintain a vegetative strip along the northern property boundary that is a minimum of 50 feet in width. The applicant further proffers to provide for a single row of evergreen tree plantings that are a minimum offour (4) feet in height when planted and spaced a maximum of ten (10) feet on center. 9. The applicant proffers $500 to Frederick County Fire and Rescue to be distributed to Clearbrook Volunteer Fire R Rescue Company for capital facilities costs. Request to Revise Proffered Conditions: The applicant has submitted the current rezoning petition in an effort to revise the existing proffered conditions relating to design aspects of the property. These proffer revisions are the result of the site development and improvements nearing completion and realizing that two of REZ #06 -05. Frederick Block Company Page 3 May 2 5, 2005 the proffer elements were not feasible. The first, (number 5) "The applicant hereby proffers to refurbish the existing stone wall along Martinsburg Pike the applicant felt was not feasible and is not visibly attractive. The applicant is instead proposing to utilize a four foot evergreen screen along this portion of Martinsburg Pike. The second, (number 8) "The applicant further proffers to provide for a single row of evergreen tree plantings that area a minimum of four (4) feet in height when planted and spaced a maximum of ten (10) feet on center proved to be excessive landscaping for the property. Staff realizes that the improvements are nearing completion on the site and that the use of the existing woodland strip for the zoning district buffer will adequately screen the site from the adjacent residential uses. The, applicant is willing to supplement the existing woodland screen if requested by planning staff. The revised proffer's for the rezoning are as follows: Revised Proffer Statement Dated April 21, 2005 1. The applicant proffers that the following land uses are prohibited on the site: Motor freight transportation and warehousing, transportation by air, hotels and motels, organization hotels and lodging, drive -in motion picture theaters, golf driving range and miniature golf courses and adult retail. 2. Access to the site is limited to two commercial entrances off of Martinsburg Pike and that these entrances will be aligned with the existing entrances of the Shockey Companies. 3. The applicant proffers to install a right -turn lane at the new commercial entrances on Martinsburg Pike, if warranted by VDOT. 4. The total structural area is limited to 50,000 square feet. 5. The applicant hereby proffers to construct rounded decorative walls at the new commercial entrances also located on Martinsburg Pike. 6. The existing freestanding business sign will be refurbished. This sign will not exceed twenty feet in height and is proffered to be the only freestanding business sign on the property. Any additional business signs located along the Martinsburg Pike corridor will be monument signs that shall be limited to a maximum height of 12 feet. 7. The site will be consolidated within 90 days of the approval of the rezoning approval. 8. The applicant proffers to maintain a vegetative strip along the northern property boundary that is a minimum of 50 feet in width. 9. The applicant proffers $500 to Frederick County Fire and Rescue to be distributed to Clearbrook Volunteer Fire Rescue Company for capital facilities costs. STAFF CONCLUSIONS FOR 05/18/05 PLANNING COMMISSION MEETING: The subject property is presently zoned B2 and B3, and the applicant is requesting to revise the proffer associated with rezoning #01 -03 to remove two of the approved proffers. This revision would eliminate a single row of evergreens along the northern property line adjacent to the 50' existing woodlands strip and would also remove the proffer for the refurbishing of the old stone wall along Martinsburg Pike (Route 1 1). This proffer revision would not affect the uses or intensities of the property. The attached exhibit is the proposed revised landscaping plan for the site. REZ #06 -05, Frederick Block Company Page 4 May 25, 2005 PLANNING COMMISSION SUMMARY ACTION OF THE 05/18/05 MEETING: The applicant explained that the stone wall was in such disrepair, it would not be in keeping with all of the other improvements they had made on their property. The applicant preferred to remove the old wall and replace it with landscaping and /or a retaining wall. The question of whether or not the stone wall had any historical significance was raised; the staff was not aware of any history associated with the wall. Members of the Commission commented that Frederick Block was doing a great job with the appearance of their property. They noted that this property, along with the I -I &W property, had positively contributed to the improved appearance along the Rt. 11 corridor and they were in support of the applicant's request. There were no public comments. The Commission recommended approval of the proffer revision to eliminate a single row of evergreens along the northern property line adjacent to the 50' existing woodlands strip and to remove the proffer for the refurbishing of the old stone wall along Martinsburg Pike (Rt. 11). (Note: Chairman DeHaven abstained; Commissioner Thomas was absent for this vote.) 54A 1 15A SHOCKEY INDUSTRIES, INC. OTT LORI .P. Rezoning 06.05 Frederick Block Co. (54A -1 15B sa, 19 41BRENNAN ��MARCUS J Yd. Rezoning 06 05 Frederick Block Co. 54A -1 15B 1. Applicant: Name: 2. Property Owner (if different than above) Name: Address: Location map Plat Deed to property Verification of taxes paid REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Fee Amount Paid /5b d Zoning Amendment Numb Date Received: i o PC Hearing Date BOS Hearing Date To be completed by Planning Staff. 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. S LujL}(f Prn e S Address: PO Boy C9 U noLcsJcr v14 taaCacf 3. Contact person if other than above I I Name: 64-c»�tn C.. CTc Cl4kr Telephone: Sfo' 6 6 7 -i SteQnK R. C Sr) Sb, 4. Checklist: Check the following items that have been included with this application. 11 Telephone: J Agency Comments Fees Impact Analysis Statement Proffer Statement 1 I APR 20 2005 FREDERICK COUNTY PLANINING DEVELOPMENT Telephone: syo I 67 (Z C 5. The Cede 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: S I oka3\ rl 1 Pro cs i c s 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER 54- (01)) 19 5cf -Crap (3 14')-362 5 A 54 {f l)) -1, 2 irA G IB o: Skeke L.: LIncr R0Kk fI o10 Let Yi 12 r etAvick- &tick (c., v,ck 1Lck Comroly ZONING RP wi 1 BZ 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): Ea5Jk,,, -J II s;d� a h 1P0 /1 (rtgk 5 ahc), O er��Cir,.+Yly 39%d P/. 4 6, 44 6/ tIL ,fnieaec 4 &i 0 P Acres Current Zoning Zoning Requested 2.43 62 ,tu.s,.4 2• 63 y Pro p [h ff >fltr wSiaA t 6 if Total acreage to be rezoned 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 114- I -15r S j -1sb, i trict 54 A -1 54 A -1 1l Magisterial: 57DAGla I Fire Service: Nor rbreoh Rescue Service: Cltsvbm >k High School: 51/4.«cs (Jv.�l Middle School: 5a..us Ai sa� Elementary School: S4At (Ja I 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed Number of Units Proposed Single Family homes. Townhome: Multi Family: Non Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: 50 sf.# 40 13 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(s): Owner(s): 14 Date: Y ?f S Date: //C/7 Date: OA d S Date: //Z /Is THIS SHEET FOR LANDSCAPING PURPOSES ONLY!!! Symbol Quantity EAS Tree Legend Name 2 `Red Sunset Maple Acer rubrum 'Red Sunset' 7 Common Hornbeam Carpinus betulus 'Fastigiate' 30 Elegentisstme Arborvitae Screen 4' B&B NA Thule occidentals `Elegandssima' Substitute for 11 Canopy Trees 2" a Height at time Remarlo Caliper of planting 6' B &B 2" 6' B&B 2^ l r" tcpaad 57au p.•p Mow, IMO( M14.4 M Nr"y M•nr. fiywr PM I •m nr.w xNx�r BIf 1 n.y w'le•. n /Is THIS SHEET FOR LANDSCAPING PURPOSES ONLY!!! Symbol Quantity EAS Tree Legend Name 2 `Red Sunset Maple Acer rubrum 'Red Sunset' 7 Common Hornbeam Carpinus betulus 'Fastigiate' 30 Elegentisstme Arborvitae Screen 4' B&B NA Thule occidentals `Elegandssima' Substitute for 11 Canopy Trees 2" a Height at time Remarlo Caliper of planting 6' B &B 2" 6' B&B 2^