33A164D_JackKWamplerSrAMENDMENT
Action:
PLANNING COMMISSION:
BOARD OF SUPERVISORS
Recommended Approval on October 6, 1999
Approved October 27, 1999
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
Addendum to Rezoning #015 -98 of Jack K. Wampler, Sr., Et. als
WHEREAS, Rezoning Application #015 -98 of Jack K. Wampler, Sr. was submitted to rezone 0.69
acres from B3 (Industrial Transition) to RA (Rural Areas) and to modify the proffers that were
adopted by the Board of Supervisors on December 9, 1998. This property is located on the west side
of Martinsburg Pike (Rt. 11) about 0.5 miles south of the intersection with Hopewell Road (Rt. 672),
and is identified with Property Identification Number 33- A -164D in the Stonewall Magisterial
District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on August 4, 1999,
and reconsidered this rezoning on October 6, 1999; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on October
27, 1999; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be
in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan,
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map
to change 0.69 acres from 133 (Industrial Transition) to RA (Rural Areas) and to modify the proffers
that were adopted by the Board of Supervisors on December 9, 1998, as described by the application
and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant
and the property owner.
PDRes#29 -99
This ordinance shall be in effect on the date of adoption.
Passed this 27th day of October, 1999 by the following recorded vote:
James L. Longerbeam, Chairman Aye Richard C. Shickle
W. Harrington Smith, Jr.
Charles W. Orndoff, Sr.
Aye Margaret B. Douglas
Aye Robert M. Sager
A COPY ATTEST
Aye
Aye
Aye
Q �6�-
Jo". Riley, Jr.
Frederick County Administrator
O\Agenda \CGMMEN REZONING \ResolumUa&W=pleQ.RES.wpd
Green way Engineering August 26, 1999 Jack K. Wampler, Sr., et als
REZONING REQUEST PROFFER
PROPERTYID NUMBER
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 this rezoning application for the rezoning of approximately 0.69
acres from the Industrial Transition (133) Zoning District to the Rural Areas (RA) 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. All previous rezoning
proffers for the subject property are hereby superseded.
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 exhibit and conditions proffered are as follows:
AREA ZONED RA — 0.69 ACRES
1. LAND DEDICATION
The owner of the subject property shall dedicate to the Frederick County School Board a 50' wide
strip along the adjoining boundary with parcel 44- ((A)) -82. This area corresponds to the entire area
that is being rezoned and shall be dedicated within six months after rezoning approval. The owner
of the subject property shall be responsible for preparing the plat of dedication.
AREA ZONED B -3 — 8.61 ACRES
The following proffers shall only pertain to that portion of the property zoned "13-3".
I
Greenway Engineering August 26, 1999 Jack K. Wampler, Sr., et als
2. SCREENING
There shall be an evergreen screen along the adjoining boundary with parcel no. 44- ((A)) -82, the
property known as Stonewall Elementary School. This screen shall be 15' wide, and shall consist of
three evergreen trees per ten lineal feet that are at least four feet in height at planting. This screen
shall be included on the first site plan for the `B -3" area.
3. ALLOWED USES
The following uses shall be permitted within the "B -3" zoning on the subject property:
Mobile home dealers (SIC 52)
Model home sales
Accessory retailing
Business signs
Directional signs
Building entrance signs
. M0191 4 611-3#1 "181=1
All other uses shall be prohibited on the portion of the subject site zoned "B -3 ".
AREA ZONED B -2 -10.7 ACRES
The following proffer shall only pertain to that portion of the property zoned "B -2 ".
5. BUFFERING AND SCREENING
There shall be a 50' buffer (35' active, 15' inactive) along the adjoining boundary with parcel no.
33- ((A)) -164E. This buffer shall include an evergreen screen consisting of three trees per ten lineal
feet that are at least four feet in height at planting. Said screen shall be included on the first site
plan for the `B -2" area.
AREAS ZONED B -2 & B -3 —19.31 ACRES
The following proffers shall apply to both the `B -2" and `B -3" zoned areas:
6. ARCHAEOLOGICAL SURVEY
Prior to master plan approval, an archaeological survey shall be conducted on the subject property.
Said survey shall be performed by an archaeologist or other qualified individual skilled in
performing such surveys. The findings of said survey shall be submitted to the Department of
Historic Resources and the Frederick County Planning Department.
2
Greenway Engineering August 26, 1999 Jack K Wampler, Sr., et als
7. INGRESS/EGRESS
The subject property shall have no more than two entrances on U.S. Route 11.
8. TRANSPORTATION
Signage, turn lanes, widening and signalization 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.
9. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT
The undersigned owners of the above - described property hereby voluntarily proffer that in the event
0.69 acres of the subject property, parcel no. 33- ((A)) -164D, is approved for rezoning from
Industrial Transition (B -3) zoning district to Rural Areas (RA) zoning district, the undersigned will
pay to the Treasurer of Frederick County, Virginia, at the time the initial building permit is issued
for said property, the sum of two thousand dollars ($2,000.00) for fire and rescue services.
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 /
By:
U Jack K. Wampler, Sr!
Jack K. Wampler, Jr.
Commonwealth of Virginia
City/County of 1-�_ee;L c k
To Wit:
The foregoing instrument was acknowledged
me this day of 1999 by
'7 U
Notary Public -- Frr,pas:ed Hereon Is My
eawrtmgh cl Yrpinla Notary PON Seal
My Commission Expires February 29,20W
My Commission Expires JASON B. ORNDORFF ,
j
i
8
Proposed Land Dedication
& Buffer Reduction
JACK K. WAMPLER, SR.
Stonewall District
Frederick County, VA
i
N �
O 4
C7
�? I
y d, I
�
c
TMO P�- GREENWAY ENGINEERING
Z 151 l,d, W Lune
MFRK R SMIiN � ra..em n m, VlncRe[ tee, vin9lNU 22602
NP42,9J1 Erybters ie'ph... 6.0- 662 -.190
Ir—y— ". 5.9 -122 -9529
S 47 0 17'53" E
238.24'
1 1
z
IY
w
N
W
w
D!
LU
W
v
z
1�
S -a'17" E
345.27' 7 —
i
�<35 ACTIVE
BUFFER
5' INACTIVE BUFFER
I
I
B -2 ZONE
10.7 ACRES
T.M. 33- ((A)) -164D
DB 6g0/228
20.0 ACRES
PROP. ZO NE LINE
N 38 °14'20" W 578.47'
B -3 ZONE
8.61 ACRES
15' INACTIVE BUFFER
PROP. ZONE LINE
RA ZONE
0,69 AGS�
RE
PROPOSED ZONE BOUNDARIES
ON THE PROPERTY OF
JACK K. WAMPLER, SR., ET ALS
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
1
J
I�
(V
m
m
I
I
SCALE: .1" =200' 1 DATE: AUGUST 1999
r. 7N GREENWAY ENGINEERING
151 WINDY HILL LANE
Engineers WINCHESTER, VA. 22602
Surveyors TELEPHONE: (540) 662 -4185
FAX: (540) 722 -9528
GLEARBROOK PARK
H OF
I,p
MARK D. SMITH
No.022937 a
Cs
ZONALmP