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HRAB 04-20-04 Meeting Agendai COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Historic Resources Advisory Board FROM: Candice E. Mills, Planner I C0,11 - RE: April Meeting Agenda DATE: April 6, 2004 The Frederick County Historic Resources Advisory Board (HRAB) will be meeting on Tuesday, April 20, 2004 at 6:30* p.m., in the Board of Supervisors' Executive Session Room* in the Frederick County Administration Building, 107 North Kent Street, Winchester, Virginia. The HRAB will discuss the following items: AGENDA Review of the Old Massie Store rezoning proposal, submitted by Mr. Evan Wyatt, of Greenway Engineering. The property is located at the intersection of North Frederick Pike and Burnt Church Road, in the Albin Rural Community Center. 2. Review of the Lawrence rezoning proposal, submitted by Mr. Charles E. Maddox, of Gilbert W. Clifford & Associates, Inc. The property is located in the Brucetown area, on the east side of U.S. Route 11, Clearbrook Park is located immediately east. The HRAB will be meeting with members of Sympoetica to discuss what will be included in the upcoming training session. 4. Other Please contact this office if you will not be able to attend this meeting. Thank you. *PLEASE NOTE MEETING LOCATION AND MEETING TIME!! 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 Board Room. I would encourage committee members to park in the county parking lot located behind the new addition (accessible off of Cameron Street). The April meeting will begin at 6:30 pm instead of 7:30 pm due to a large agenda. CEM/bad Attachments 107 North Kent Street m Winchester, Virginia 22601-5000 Item # 1 Old Massie Store rezoning The HRAB has been asked to review and provide comment on the Old Massie Store rezoning proposal, which has been submitted by Greenway Engineering. The proposal seeks to rezone 0.85 acres from the RA (Rural Areas) Zoning District to the B2 (Business General) Zoning District. The property is located at the intersection of North Frederick Pike and Burnt Church Road, in the Albin Rural Community Center. The applicant is a proposing a business project to include approximately 8,000 square -feet of limited commercial uses. Prepared by the applicant and attached for your information is a location map and a copy of the proffers for the project. The Study of Civil War Sites in the Shenandoah Valley published by the National Park Service does not identify the Old Massie Store rezoning site or the surrounding areas as being part of a battlefield. The Rural Landmarks Survey Report for Frederick County Virginia identifies six structure within the immediate area of the subject site, one structure is located on-site. The sites that are listed in the survey are: • House, Route 522 (#34-536) • Davis, G.H. Store and Station (#34-537) • Janney -Davis -Massey House (#34-538) - located on the proposed rezoning site e • Albin Cash Grocery (#34-539) • Luttrell, Howard House #1 (#34-540) • Luttrell, Howard House #2 (#34-541) The Rural Landmarks Survey does not identify any of these structures as potentially significant, nor do any of the structures qualify for the national or state register of historic places. The applicant has attempted to address the impacts of the proposed development on the surrounding area in the proffer statement (attached). The applicant has proffered to limit the uses of the 0.85 acre parcel to the following: • General Business Offices • Finance, Insurance & Real Estate Offices • Legal Services • Engineering, Architectural and Surveying Services • Accounting, Auditing and Bookkeeping Services • Management and Public Relation Services It is the intent of the applicant to remove the existing structure (#34-538) from the property to make way for the proposed new business. The applicant has proffered to limit the number of freestanding business signs to one sign on the 0.85 acre parcel. The freestanding business sign is proffered to be of monument style construction and will not exceed twelve (12) feet in height. No specifications as to the proposed square footage the sign have been provided. The Zoning Ordinance sign regulations allow a maximum size of 100 square feet for business signs and allows a maximum size of 150 square feet for franchise businesses. On April 1, 2004, staff along with the HRAB's consultant Maral Kalbian and David Edwards of the Virginia Department of Historic Resources conducted a site visit to determine the historic significance of the Albin area. It has been determined that the Albin Rural Community Center is potentially eligible as a historic district. Please find attached for your information a map of the site, the impact analysis and the proffer statement provided by the applicant. Representatives of the applicant will be available at the HRAB meeting to provide additional information on the proposed rezoning. Staffwill be seeking comments from the HRAB on the historical elements possibly impacted by proposed development. The comments will be included in the rezoning application package for the Old Massie Store rezoning proposal when it is submitted. Pictures of the site have been provided by staff. i dam, PiCi` � e A 01, 10 1!lot 1' 5.:jr. Ai , YIV • ------------ Akk, r. ,. .. .,tee•,.•. ,,,w • f7 , , Y . . �.v f 1 ] - a I is — �{ . :+ Y' I , •i _`q+, „ � 1. ''}'�- IMPACT STATEMENT OLD MASSEY STORE REZONING Gainesboro District Frederick County, Virginia TM 42-((A))-81 0.85 Acres January 27, 2004 Current Owners: David A. Hicks Linda W. Hicks Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering January 27, 2004 Old Massey Store Rezoning OLD MASSEY STORE REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a parcel owned by David and Linda Hicks totaling 0.85 acres. The subject parcel is located on the northwestern quadrant of the North Frederick Pike (Route 522), Burnt Church Road (Route 678) intersection in the Albin Rural Community Center. The current zoning is RA, Rural Areas District. The Hicks' propose to rezone the 0.85 -acre parcel to B2, Business General District for the purpose of developing an office building. Please see the attached Hicks Property Location Map. Basic information Location: Magisterial District: Property ID Numbers: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: COMPREHENSIVE PLAN Intersection of Route 522 and Route 678 Gainesboro 42-((A))-81 RA District Residential and Vacant General Store Building Office B2 District 0.85 acres The proposed site is being developed in conformance with the policies guiding Rural Community Centers. Page 6-45 of the Comprehensive Policy Plan recognizes the Albin Rural Community Center as one of the Rural Community Centers recommended for additional commercial development. Several commercially zoned parcels exist in the Albin Rural Community Center area providing for a variety of commercial land uses including a fruit market, agricultural equipment and product sales, self-service storage facilities, a country general store with a site for future an office building, and a landscaping business. The development of a small-scale office building is consistent with the types of land uses that have developed in the Albin Rural Community Center area. #3865 2 Greenway Engineering January 27, 2004 Old Massey Store Rezoning Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is located to the southeast of the Albin Rural Community Center area and public water and sewer service has not been planned for extension. Therefore, the proposed office land use will need to be served by a private water source and private health system that is approved by the Virginia Department of Health. A. SUITABILITY OF THE SITE Access The subject site, tax parcel 42-((A))-81 has approximately 170 feet of frontage along North Frederick Pike (Route 522) and 400 feet of frontage along Burnt Church Road (Route 678). North Frederick Pike is a four -lane major arterial road containing divided dual north -south travel lanes, while Burnt Church Road is a two-lane local secondary road. A median crossing is in place at the intersection of North Frederick Pike and Burnt Church Road, allowing for safe access to North Frederick Pike from the subject site. The 0.85 -acre site currently has a large access area on North Frederick Pike, resulting from the widening of North Frederick Pike, which relocated the major arterial road to the east of the former road bed. The development of the 0.85 -acre parcel for office use will be proffered to eliminate this large access area and prohibit access onto North Frederick Pike altogether. Access to the subject site will occur through the development of a commercial entrance located along Burnt Church Road that will be located to provide for sufficient distance from the median crossing at the North Frederick Pike/Burnt Church Road intersection. Flood Plains The subject site is located on the FEMA NFIP map #510063-0115-B. The site is located as "Zone C", area outside the 100 -year flood plain. Wetlands The National Wetlands Inventory Map indicates that there are no wetlands on the subject site. Mature Woodlands There are no woodlands on the subject site. #3865 3 Greenway Engineering January 27, 2004 Steep Slopes There are no steep slopes (over 50%) on this site. Soil Types Old Massey Store Rezoning The following soil type contained in the subject site has been obtained from the Soil. Survey of Fredrick County, published by the USDA Soil Conservation Service. The subject site is located on snap sheet number 23, and contains one soil type: 1413-Frederick-Poplimento Loams 2-7 %, covers 100% of this site This soil type is identified as prime agricultural soils according to Table 5 — Prime Farmland, located on page 123 of the Soil Survey of Fredrick County; however, the size of the subject site is not conducive for farming. B. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Zoned RA District Use: Residential and Storage South: Zoned RA District Use: Residential East: Zoned RA District Use: Orchard West: Zoned RA District Use: Residential C. TRANSPORTATION The proposed rezoning has been proffered to provide for a maximum of 8,000 square feet of office land use for the 0.85 -acre parcel. The Institute of Transportation Engineers (ITE) Trip Generation Manual, 6th Edition, provides traffic generation data for office land use. Page 1052 of this document identifies General Office Buildings (710) to generate an average of 11.01 vehicle trips per day (VPD) per 1,000 square feet during weekdays. Therefore, the traffic generation range for the 0.85 -acre rezoning is anticipated to produce 89 VPD. The 2002 VDOT Daily Volume Jurisdiction Report 34 identifies North Frederick Pike (Route 522) between Route 37 and Cedar Grove Road (Route 654) with 18,000 VPD. The same report identifies the entire segment of Burnt Church Road (Route 678) with 90 #3865 4 Greenway Engineering January 27, 2004 Old Massey Store Rezoning VPD. It is projected that all vehicle trips entering and exiting the subject site will travel to North Frederick Pike; therefore, the proposed rezoning is projected to increase the current traffic counts on this segment of North Frederick Pike by U.5"% (or %2%) on weekdays. The subject parcel has approximately 170 feet of frontage along North Frederick Pike (Route 522) and 400 feet of frontage along Burnt Church Road (Route 678). A median crossing is in place at the intersection of North Frederick Pike and Burnt Church Road, allowing for safe access to North Frederick Pike from the subject site. The development of the 0.85 -acre parcel for office use will be proffered to eliminate existing access and prohibit any access onto North Frederick Pike. Access to the subject site will occur through the development of a commercial entrance located along Burnt Church Road that will be located to provide for sufficient distance from the median crossing at the North Frederick Pike/Burnt Church Road intersection. D. & E. SEWAGE CONVEYANCE AND WATER SUPPLY The 0.85 -acre parcel is located outside of the Sewer and Water Service Area (SWSA); therefore, the development of a private water source and a private health system will be provided for the proposed office use and approved by the Virginia Department of Health. Table 4.1 on page 43 of the Virginia Department of Health Sewage Handling & Disposal Regulations identifies a sewage flow range for office land use of 15-35 gallons per person. Assuming 20 full-time occupants within the 8,000 -square -foot office building, it is projected that a health system capable of supporting an average daily flow between 300-700 gpd would be required. This maximum daily flow range is equivalent to the average daily flow produced by two four-bedroom homes. Soils analysis has been conducted on the subject site and will accommodate a peat moss system with capacity for the maximum projected daily flows. A reserve area can be situated in the northwest portion of the subject site that will be located outside of the parking and maneuvering area for the office use. An existing well is located on the subject site and will be protected from the parking and maneuvering area through the provision of an adequate barrier. F. SITE DRAINAGE The 0.85 -acre parcel is level and drains naturally towards North Frederick Pike (Route 522). Stormwater management will be designed to allow for sheet flow through the parking lot areas serving the office use to a swale that will allow for stormwater flows to access the North Frederick Pike drainage system at an acceptable rate. Stormwater management design will occur during the site development plan process, which will require approval by the Frederick County Engineer and the Virginia Department of Transportation. #3865 5 Greenway Engineering January 27, 2004 Old Massey Store Rezoning G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual business consumption of landfill volume of 5.4 cubic yards per 1,000 sq ft. of structural area (This number can be found in the Civil Engineering Reference Manual, 4th edition). AV = 5.4 Cu. Yd. per 1,000 sq. ft. AV = 5.4 Cu. Yd. x 8.0 (1,000 sq. ft.) AV = 43.2 Cu. Yd. The Municipal Solid Waste portion of the Regional Landfill has adequate capacity to accommodate the annual solid waster projections associated with the development of the 0.85 -acre site. H. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies six structures within the immediate area of the subject site of which, one structure (Janney -Davis -Massey House) is located on-site. The Frederick County Rural Landmarks Survey does not identify any of these structures as potentially significant as evident on page 248 of the report. Furthermore, these structures do not qualify for the national or state register of historic places, nor does the subject site fall within core battlefield area boundaries or areas that would potentially qualify as historic districts. I. OTHER IMPACTS The Frederick County Capital Facilities Fiscal Impact Model has been applied to the proffered development of 8,000 square feet of office land use. The results of this model run indicate that the development of the subject site will provide a $150,390.00 positive revenue source to Frederick County. The model run indicates an impact to Fire and Rescue Services that is approximately 1.5% of the positive revenue amount. Therefore, the applicants have proffered a monetary contribution exceeding 1.5% of the positive revenue amount to adequately address the impact to Fire and Rescue Services for capital facilities costs. No other impacts are anticipated as a result of this rezoning proposal. 43865 6 Greenway Engineering January 27, 2004 Old Massey Store Rezoning OLD MASSEY STORE REZONING Tax Parcel 42-((A))-81 Gainesboro Magisterial District Preliminary Matters 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 0.85 acres from the RA, Rural Areas District to establish 0.85 acres of B2, Business General 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 the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by David A. Hicks and Linda W. Hicks being all of Tax Map Parcel 42-((A))-81, and further described by Deed Instrument 030024908 recorded in the Frederick County Clerk of the Court Office on October 29, 2003. The applicant hereby proffers the following: A.) Land Use Restrictions The applicants hereby proffer to limit the land uses for the 0.85 -acre parcel to the following: Land Use SIC General Business Offices ---- Finance, Insurance & Real Estate Offices ----- Legal Services 81 Engineering, Architectural and Surveying Services 871 Accounting, Auditing and Bookkeeping Services 872 Management and Public Relations Services 874 File 43865/EAW Greenway Engineering January 27, 2004 Old Massey Store Rezoning B.) Site Access The applicants hereby proffer to prohibit any connection to North Frederick Pike (Route 522 North) and to limit access on Burnt Church Road (Route 678) to one commercial entrance. C.) Structural Development 1. The applicants hereby proffer to limit the development on the 0.85 -acre parcel to a maximum of 8,000 square feet of structural area. 2. The applicants hereby proffer to limit the structural height to thirty (30) feet to the apex of the roof pitch. 3. The applicants hereby proffer to utilize similar construction materials on all building walls including brick, vinyl or dryvit, and that the roof will be standing seam metal or dimensional single construction. D.) Business Signs The applicants hereby proffer to limit the number of freestanding business signs to one sign on the 0.85 -acre parcel. The freestanding business signs is proffered to be of monument style construction and will not exceed twelve (12) feet in height. E.) Outdoor Storage The applicants hereby proffer to prohibit outdoor storage on the 0.85 -acre parcel. F.) Monetary Contribution for Fire and Rescue Services The applicants hereby proffer to provide a cash payment of $200.00 to be directed to Round Hill Volunteer Fire and Rescue to mitigate impacts to Fire and Rescue Services. The applicants will provide the cash payment to Treasurer of Frederick County, Virginia at the time of building permit issuance for the 0.85 -acre parcel. G.) Signatures 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. File #3865/EAW 2 Greenway Engineering January 27, 2004 Respectfully Submitted: By:. David A. Hicks hate Old Massey Store Rezoning By: Linda W. Hicks Date Commonwealth of Virginia, City(C=ounty-o'f f -v -'& v (c (6. To Wit: The foregoing instrument was acknowledged before me this I?jh day of Ftk)vv.-*-L( 20CA-by AlhC; ��S (wrt L-Wa W HLIS A T -.r My Commission Expires F - Notary Public e baavz,( al? 2-CC6 -fv) 5 —S File #3965/EAW ZONING LEGEND B1 (Business. Neighborhood District) B2 (Business. General District) B3 (Business. Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) R5 (Res. Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) Prepared By: David Hicks Rezoning - Location Map Greeny way Engineering ` w \ \ _ /-1 w /-1 y- /-1 s Ln. ---- 76 ^2 ^ 76 42 . ............ L3-.1 843: A 83 85 42 "Aw 252 APPENDIX 1 - NUMERICAL INDEX Number Common Name Quad Map 34 512 House, Route 684 Gore 34 513 Log Complex, Route 684 Gore 34 514 Gainesboro United Methodist Church Gore 34 515 The Dove Home Gore 34 516 Rogers, John House Gore 34 517 House, Route 684 Gore 34 518 House, Route 684 Gore 34 519 Church of Christ House and Barn Stephens City 34 520 Sunnyside Grocery Winchester 34 521 Brown House Winchester 34 522 1046 Frederick Pike Winchester 34 523 1048 Frederic:: Pike Winchester 34 524 Liberty Hall Winchester 34 525 McDonald House Winchester 34 526 Carper House Winchester 34 527 Martin House Winchester 34 528 Clark House Winchester 34 529 Stine's Chapel Winchester 34 530 House, Route 522 Winchester 34 531 House, Route 522 Winchester 34 532 Yeakley House Winchester 34 533 House, Route 522 Winchester 34 534 Solenberger Orchard Winchester 34 535 Reading Landscapes Winchester 34-536House, Route 522 Winchester 34 531 Davis, G.H. Store and Station Winchester 34;531 Janney -Davis -Massey House Winchester 34 53 Albin Cash Grocery Winchester 34.5.401 Luttrell, Howard House #1 Winchester 34 541 Luttrell, Howard House 32 Winchester 34 542 House, Route 789 Winchester 34 543 House, Route 789 Winchester 34 544 Faith Revival Center Winchester 34 545 Edwards House Winchester 34 546 Greystone Farm Winchester 34 547 House, Route 789 Winchester 34 548 House, Route 789 Winchester 34 549 Reynolds, Lloyd House Winchester 34 550 Howard House Winchester 34 551 Ungers' Maple Hill Winchester 34 552 Buncutter House Winchester 34 553 Hudson House Winchester 34 554 Mayes House Winchester 34 555 The Factory Outlet Winchester 34 556 House, Route 679 at Route 789 Winchester 34 557 Judge Tavenner Place Winchester 34 558 Solenberger-Dove House Winchester 34 559 House, Route 559 Winchester 34 560 House, Route 522N Winchester 34 561 "Log" House, Route 522 Winchester 34 562 House, Route 522N White Hall 34 563 Brown, Lula House White Hall Page - 161 Item # 2 Lawrence Rezoning The HRAB has been asked to review and provide comments on the Lawrence rezoning proposal, which has been submitted by Gilbert W. Clifford & Associates, Inc. The proposal seeks to rezone 1.965 acres from the RA (Rural Areas) Zoning District to the (Business General) Zoning District. The property is located along the eastern side of Martinsburg Pike (Rt. 11), just south of Brucetown Road and is surrounded to the east and south by the Clearbrook Park. (Please see the attached information and location map provided by the applicant.) The current use of the property is a woolen mill that has been operating on the property since the 1940's. The applicant is a proposing a commercial project with certain uses proffered out The Study of Civil War Sites in the Shenandoah Valley published by the National Park Service does not identify the Lawrence rezoning site or the surrounding areas as being part of a battlefield. The Rural Landmarks Survey Report for Frederick County Virginia identifies three structure within the immediate area of the subject site. The sites that are listed in the survey are: • Clearbrook Presbyterian Church (#34-708) • Clearbrook Feed and Supply (#34-935) • Dick, L.O. House (#34-936) The Rural Landmarks Survey identifies these three structures as potentially significant, however, the structures do not qualify for the national or state register of historic places. The applicant has attempted to address the impacts of the proposed development on the surrounding area in the proffer statement (attached). The applicant has proffered to exclude the following uses on the 1.965 acre parcel: • Local and suburban transit and interurban highway passenger transportation • Motor freight transportation and warehousing • Transportation by air • Automotive dealers and gasoline service stations including truck stop facility • Laundry, dry cleaning and garment services • Drive-in picture theaters Staff would like to point out that this proposed development is identified by the North East Land Use Plan as a developmentally sensitive area (DSA). Developmentally sensitive designations are given to areas in order to protect significant historic resources, environmentally sensitive areas, residential land uses and public land from industrial and commercial land use proposals. The DSA is a community and historical preservation area; therefore, adjacent uses which are incompatible should provide adequate buffers and screening. Please find attached for your information four maps of the site and the proffer statement provided by the applicant. Representatives of the applicant will be available at the HRAB meeting to provide additional information on the proposed rezoning_. Staff will be seeking comments from the HRAB on the historical elements possibly impacted by proposed development. The comments will be included in the rezoning application package for the Lawrence rezoning proposal when it is REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA b� Ca P- ted hl? L y r Fee Amount,i'atd $ ornng Ameiid�aen lmf��x Date Received PC Hearing Date BOS Healing bke = 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, heal Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Gilbert W. Clifford & Associates Telephone: 667-2139 Address: c/o Chuck Maddox 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 2. Property Owner (if different than above) Name: William H. Lawrence, III Address: P.O. Box 8 VA 22624 3. Contact person if other than above Name: Chuck Maddox .. Telephone 667-7646 Telephone: 667-2139 4. Checklist: Check the following items that have been included with this application. Location Map Agency Comments Plat Fees Deed of property Impact Analysis Statement Verification of taxes paid Proffer Statement 1 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. - William H. Lawrence, III 6. A) Current Ilse `of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER USE Woolen SIM Commercial ZONING 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). , n South and adjacent to Clearbrook Presbyterian Church on the east side of U.S Route 11, surrounded to the east and south by Clearbrook Dark. N 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 of 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-162 Magisterial: Fire Service: Rescue Service: Stonewall Clearbrook Clearbrook Districts High School: Middle School: Elementary Scliool: James Wood James Wood Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 1.965 RA B-2 1.965 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 Home Townhome Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Office Retail Restaurant Square Footage of Proposed Uses Service Station Manufacturing Warehouse Other 3 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) Date 3 -4 -b/ - Date Owner(s) L'*l�r "� Date Date 4 gilbert w. clifford & associates a division of Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners. Landscape Architects. 16 March 2004 Mr. Eric Lawrence Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 RE: Lawrence Rezoning Dear Eric, The Clearbrook Woolen NO owned by Mr. William Lawrence and family has historically been involved with manufacturing, wholesaling and retailing woolen PH R A products since 1939. With the elimination of woolen manufacturing, the 1 majority of the property was sold to Frederick County for use as the Clearbrook Park and approximately 1.965 acres were reserved for continuing commercial activities that began in 1946. CORPORATE: Chantilly It is now the owner's intention to bring the zoning of the property to be consistent with commercial nature of the property. Attached is a location map, VIRGINIA OFFICES: Figure 1, and a site plat with topography, Figure 2. This site is shown on the Chantilly Frederick County Comprehensive Policy Plan for business use. Bridgewater Fredericksburg Figure 3 provides an insert look at the North East Land Use Plan and this Leesburg location. Richmond Virginia 6eoch Site characteristics are generally.level with Clearbrook Run flowing along the Winchester southern boundary of the property. This stream valley includes wetlands and will Woodbridge be preserved by the county required riparian buffer. LABORATORIES: Figure 4 provides a generalized land use plan for the property. Site access will chantilly be restricted to two commercial entrances as shown on Figure 4 with alignment Fredericksburg during site plan to meet VDOT and Frederick County requirements. It is anticipated that any change of the use of the property will require VDOT land MARYLAND OFFICES: use permit procedures which will involve edge widening of Route 11 and Baltimore improvements as normally required by VDOT. Columbia Frederik The owner believes this site may change in use in the future however, no specific Germantown use is planned for this rezoning. Close review of the "allowed uses" in the B-2 Hollywood zone has prompted the owner to voluntarily restrict certain uses on the site. The WEST VIRGINIA following uses shall not be proposed for use on the site: OFFICE: Martinsburg Golf driving range (SIC 7999) Self service storage facilities Commercial Batting Cages T 540.667.2139 Adult retail uses under CUP. F 540.665.0493 1 17 East Piccadilly StreThe owner has consistently cooperated with the Frederick County Sanitation Winchester, VA Authority in providing easements and rights of ways as shown for the installation 22601 of regional water and sewer utilities. It is anticipated with the completion of the Clearbrook water and sewer extensions connecting the northeast regional water plant and the sewer force main currently existing at the site that access for an existing or future commercial use capacity would be provided by the Frederick County Sanitation Authority. Site drainage can be easily handled by discharge release to the stream channel existing on site with appropriate storm water management design as required by the Frederick County Department of Public Works. Solid waste will be transferred to the Frederick County Landfill facility by commercial carrier. The site has some historic importance as it exists along the Valley Pike (U.S. Route 11) and was used in a woolen goods producing activity for at least 65 years. There are no listed sites of historic importance on the site in the Frederick County register. Since the site will be devoted entirely to commercial purposes the impact model produced for this project exerts a positive economic impact on the Frederick County budget. It is not anticipated that this project will have any measurable impact on existing residential uses since the land use surrounding the site does not include a residential component. We appreciate Frederick County considering and approving this rezoning petition. Sincerely, GILBERT W. CLIFFORD & ASSOCIATES C. E. Maddox, Jr., P.E., Vice President CEM/kf Enclosure cc: Frederick County Attorney Frederick - Wmchester Health Department Frederick County Fire Marshal Frederick -Winchester Service Authority Frederick County Parks & Recreation Frederick County Sanitation Authority Virginia Department of Transportation Historic Resources Advisory Board Winchester Regional Airport Clearbrook Station Fire & Rescue Frederick County Public Schools Frederick County Public Works Frederick County Inpsections REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H. Lawrence, III 3416 Martinsburg Pike Clearbrook, Virginia Preliminary Matters 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 rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 1.965 acres from the present RA to B-,2. 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 Virginia law. 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 successor or assigns. General Development Plan The Generalized Development Plan (GDP) attached to this proffer shows current uses only, an end user has not been identified at the time of rezoning. The GDP shows entrance locations proffered by the applicant and a 20' road landscape buffer. Future use of the property shall be identified in accordance with the site plan requirements of Frederick County. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffer that if the Board of Supervisors for the County. of Frederick, Virginia approves the rezoning for the 1.965 acre tract near Clearbrook, Virginia in the Stonewall Magisterial District of Frederick County, Virginia from existing RA to B-2 the undersigned will pay to Frederick County, at the time a building permit is issued for the first future use, a lump sum payment of two thousand dollars ($2,000.00) for Fire and Rescue Company and two thousand dollars ($2,000.00) for Sheriffs Office. Prohibited Uses on This Site In reviewing the types of use allowed in the B-2 zone, the owner has determined certain classes of uses are inconsistent with good planning on this site. The undersigned owner shall voluntarily prohibit the following uses from existing on the subject properties: SIC 41 Local and suburban transit and interurban highway passenger transportation SIC 42 Motor freight transportation and warehousing SIC 45 Transportation by air SIC 55 Automotive dealers and gasoline service stations including track stop facility SIC 721 Laundry, dry-cleaning and garment services SIC 75 Drive-in motion picture theaters Page 1 of 3 REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H. Lawrence, III Site Improvements Refer to Figure 4 for General Locations - A licable to All Future Uses 1. Site entrances on Routes 11 and 664 shall be limited to two on U.S. Route 11. 2. A 20' roadside landscape buffer shall be provided including a low berth (2' height) with mixed ornamental plantings consistent with good sight line characteristics for highway entrances. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these 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 OWNER Date. STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To wit The foregoing instrument was acknowledged before me this day of 2004, by My commission expires Notary Public Page 2 of 3 f figure SYMBOLS R/ POLE p scm o MANHOLE MAIL SOX • LOCATED OBJECT * TRAFFIC POLE } FWE HYDRANT 8 / / t Y a c� / J are ua CL- AM asr. r aem�an AM m uArAsr Lv ® Q 70" $a FT zamt a -a / U— o�mrre / A Q4Do D � tr Clearbrook Presbyter Church 33—A-1 Zonect RA Use: Railr-- m =-�- 672 OLDST. R7E- ti zones: r Use: Rdsidenti D y J linty of Frederick 33—A-1626 Zoned: RA K Clearbrook Park n S-4 WILL A4 H. LAWRENCE, N PROPERLY gilbert w, clifford & associates a LCWWOR of SITE PLAT Patton, Harris, Rust & Associates, pc J 117 E Ficaffly St Wncheder, VirgWm 22601 FRfPER/C/C COUNTY, WG7NA VOICE (540) 667-2139 FAX: (540) 665-0493 Figure 2 SYMBOLS A POLE U p p SIGN ` �- o MANHOLE LR s 4 MAILBOX I • LOCATED DBJECT ! TRAFFIC POLE • nFtE HYORNRp Route — — OLD B / ��; . RTS• 6-77 a � flJ Zoned. 1 Clearbrook Rdsiden4)rook Preeb on Church x ` 33—A-1 / Zoned: RA ! Use: Rel• 6.10 / / y E� / I t Fv a I D j Proposed trance I U�j � srra6e vstaw x u m AA u� P ART.. Amw?w "w m©arm+ fP. Q ;VAX m rr Zane _ th ro Otto 0 Ty 3 � ros St Man re C my of Frederick / f 33—A--1626 L IZoned: RA i' U Clearbrook Park pos En I i 3. RIPWI,n Huffer \ a �a S • VmJ.EY.ALL Cor len Dick / 33—A-1846 I / Zoned RA Res ial -) �; a 0 w WILLIAM H. LAWRENCE, 111 PROPERTY gilbert w. clifford & associates a division of o GENERALIZED DE!/ELOPMENT PLAN Patton, Harris, Rust & Associates, pc OO 117 E Picod9ly St. fthester, Work 22601 fREDERICK COUNTY, KRGIN14 WC@ (540) 667-2139 FAX- (540) 665—D493 viqur Figure 5. Item # 3 Meeting with Sympoetica Staff has applied for and received a grant from the SVBF in the amount of $8,000. The purpose of this grant is to fund a project to provide training to the Historic Resources Advisory Board (HRAB). The consultant has been hired to provide assistance to the HRAB in the form of training to improve their ability to effectively review land use proposals and make recommendations. Sympoetica, a planning and design firm based out of Woodstock Virginia has been placed under contract to conduct the training. At this month's HRAB meeting, Sympoetica and staff would like to discuss with members, implementation of the grant project in more detail and also receive feedback from members regarding what they would like to gain through this project. U TOMMITTEES&RAMAgendas\2004 Agendas\April.wpd