Loading...
HomeMy WebLinkAbout015-98 Jack K. Wampler - Stonewall - BackfileCASH RECEIPT AMA M.. Kill ACCOUNT HOW PAID Val REZONING TRACKING SHEET Date q — I ✓ Application received/file opened Reference manual updated/number assigned ✓ D-base updated /© • / 9.98 E1L.4ile given to office manager to update bi-monthly report Four sets of adjoiner labels ordered from data processing ✓ 40 color maps ordered from Mapping & Graphics n PC public hearing date ACTION: BOS public hearing date ACTION: / -(0 ` Signed copy of resolution for amendment of ordinance, with conditions proffered, received from County Administrator's office and placed in Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers notebook.) 17, - /0 ' q F Action letter mailed to applicant 1Z -la - 2 g Reference manual and D-base updated File given to office manager to update bi-monthly report (final action) File given to Mapping & Graphics to update zoning map Zoning map amended -* PROFFER AMENDMENT -Planning Commission meeting: Board of Supervisors meeting: Revised amendment adopted 1"a61ed Action: Action: I a�, Previous proffer replaced in Proffers Notebook: �St�r„�ri f7bSo�Cfe Sept +0 I30 5 on ,/�rntN�ED b 4 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM TO. Finance Department FROM: Karen A. Cain, Receptionist/Clerk Typist II '^ h ' �S SUBJECT: Return Of Sign Deposit DATE: December 21, 1998 The amount of $25.00 was deposited in line item #10-1911-08 for the business named below as a deposit for a sign for Rezoning Application #015-98. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $25.00 to: RSA/kac Wamplers Home Inc. Attn: Jack Wampler 2648 Martinsburg Pike Stephens Citr,—Va�� �'►'� 1 c �, VI9 107 North Kent Street - Winchester, Virginia 22601-5000 a q FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 December 10, 1998 Mr. Mark D. Smith Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING APPLICATION 9015-98 OF JACK K. WAMPLER, SR-, et als; P.I.N. 33-A-164D Dear Mark: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of December 9, 1998. The Board approved your request to rezone 9.30 acres from RA (Rural Areas) to B3 (Industrial Transition), and 10.70 acres from RA (Rural Areas) to B2 (Business General). 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. The proffers that were approved as a part of this rezoning application are unique to this property and are 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. Sincerely, Evan A- Wyatt, CP Deputy Director EAW/cc Attachment cc: Jack K. Wampler, et als Charles Orndoff, Stonewall District Supervisor Jane Anderson, Real Estate Steve Melnikoff, VDOT Tom Sullivan, FCPS Denny Linaburg, Fire Marshal Dept. of Historic Resources O:WAMdu\APPR DEN.LTR\JackWamplv.REZ 107 North Kent Street • Winchester, Virginia 22601-5000 r • PC REVIEW DATE: 11/04/98; 12/02/98 BOS REVIEW DATE: 12/09/98 REZONING APPLICATION #015-98 JACK K. WAMPLER, SR. To rezone 9.30 acres from RA (Rural Areas) to B3 (Industrial Transition) and 10.70 acres from RA (Rural Areas) to B2 (Business General) LOCATION: 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). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-A-164D PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District South: Zoned RA (Rural Areas) District East: Zoned RA (Rural Areas) District West: Zoned B2 (Business General) District Zoned B3 (Industrial Transition) District Use: Vacant Use: Stonewall Elementary School Use: Clearbrook Regional Park; Vacant Use: Commercial; Vacant PROPOSED USE: Mobile Home/Model Home Sales and Commercial REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage is 0 Jack K. Wampler, REZ #015-98 Page 2 December 3, 1998 features, and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and oil site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Historic Resources Advisory Board: The BRAB recommends that the applicant conduct an archeological survey of the site prior to development, and that a 100' buffer distance from the north property line is maintained. The HRAB recommends that a full screen be provided within this buffer distance which tapers into an evergreen screen from the property bend to the railroad tracks. Fire Marshal: Plan approval recommended. No additional comments. Sanitation Authority: No comments. County Engineer: See attached letter from Harvey E. Strawsnyder, Jr. dated 9-21-98 and follow-up letter dated 10-8-98. County Attorney: Uses should be proffered out, not in. Don't think can proffer how trailers face on a shrubbery and grass. Parks & Recreation: No comments. Frederick Co. Public Schools: In addition to the 50' inactive buffer, we recommend landscaping the buffer area with evergreen trees to serve as screening between the school and the adjacent property. Health Department: See attached letters from Karl E. Evans dated 8-14-98 and 9-23-98. Planning & Zonin2: 1) Site History The original Zoning Map for Frederick County (U. S. G. S. Inwood Quadrangle) demonstrates that this site was zoned A-2 (Agricultural General) District. This zoning designated was reclassified to RA (Rural Areas) District on February 14, 1990 when the comprehensive revision to the Zoning Ordinance was adopted by the Board of Supervisors. 2) Location The 20-acre site is located in the County's Sewer and Water Service Area (SWSA) and is a Jack K. Wampler, REZ #015-98 Page 3 December 3, 1998 component of the Route 11 North Land Use Plan which was adopted by the Board in 1996. This land use plan calls for industrial and commercial use in the general area of this property. The 20-acre site is located on the west side of Martinsburg Pike (Route 11) which provides a significant amount of road frontage. The site abuts the Stonewall Elementary School to the south and is across Martinsburg Pike for the entrance to the Clearbrook Regional Park. 3) Site Suitability The 20-acre site does not contain areas of steep slope, floodplain, wetlands, or woodlands. The Soil Survey of Frederick County, Virginia identifies prime agricultural soils on the entire site. The Frederick County Rural Landmarks Survey identifies the L.O. Dick House (ID #34-936) within close proximity of this site. This house, located just north of the 20-acre site, is identified in the survey as a potentially significant historic structure. 4) Potential Impacts a) Transportation System - The applicant has prepared a traffic impact analysis for this application which suggests that the B3 portion of the site would generate 120 vehicle trips per day, and the B2 portion of the site would generate 3,800 vehicle trips per day. This would increase the amount of traffic on Martinsburg Pike (Rt.11) by 11 %. The applicant has estimated that the majority of this traffic access the site via Interstate 81 Exit 321, which would increase the traffic on the segment of Hopewell Road (Rt. 672) between I-81 and Martinsburg Pike by 104%. The Route 11 North Land Use Plan demonstrates the need for the development of a future collector road which would link this site with properties on the southeastern side of Martinsburg Pike. The land use plan calls for the provision of traffic signalization at the intersection of this road and Martinsburg Pike. b) Adjoining Properties - The southern boundary of the 20-acre site adjoins the Stonewall Elementary School site. This represents the portion of the site that is proposed to be rezoned to B3 (Industrial Transition). The review comment from the Frederick County Public Schools states that a landscaped buffer would be desirable that would adequately screen future development from the Stonewall Elementary School site. c) Historic Resources - The review comment from the HRAB recommends that the northern property line of the 20-acre site should be developed with a buffer and screen to mitigate viewshed impacts to the L.O. Dick House. The HRAB also recommends that the applicant conduct an archeological survey of this site prior to 0 • Jack K. Wampler, REZ #015-98 Page 4 December 3, 1998 the occurrence of development activity. d) Site Suitability - The review comment from the Health Department states that a sewage disposal system could be developed which would allow for 150 g.p.d. to serve a maximum of three employees. The closest public sewer to this site would be in the Stonewall Industrial Park. A study has been prepared by Patton Harris Rust and Associates which recommends various methods to provide public sewer service to properties within the Route 11 North Land Use plan; however, no project has been proposed by the FCSA or private individuals to accomplish this at this time. e) Community Facilities and Services - The Capital Facilities Impact Model was applied to this application on 8/25/98, assuming the development of 228,563 square feet of retail and 18,848 square feet of office space on the 20-acre site. The results of the impact model demonstrate a negative impact to Fire and Rescue services for capital facilities costs. 5) Proffer Statement The applicant has submitted a proffer statement that has been signed, notarized and reviewed by the County Attorney. The applicant's proffer statement has been developed to reflect requirements for the entire site and requirements for the 9.3-acre portion that is proposed to be rezoned B3 (Industrial Transition) District. The following provides information for each portion of the proffer statement: A) The applicant has proffered to construct no more than three commercial entrances on the entire site, and has offered a monetary contribution to mitigate the impacts to Fire and Rescue services. B) The applicant has proffered to limit the permitted uses on the 9.3-acre B3 (Industrial Transition) portion of the 20-acre site to mobile home dealers and model home sales and has proffered to provide a 50' inactive buffer along the southern property line, adjacent to Stonewall Elementary School. STAFF CONCLUSIONS FOR 11/04/98 PLANNING COMMISSION MEETING: The request to rezone the 20-acre site to create 10.7 acres of B2 (General Business) District, and 9.3 acres of B3 (Industrial Transition) District appears to conform to the general land use bubble diagram that is part of the Route 11 North Land Use Plan; however, there are several issues associated with this adopted land use plan which have not been addressed to date. The land use plan calls for the need to widen Martinsburg Pike (Route 11) to a four -lane condition to be consistent with the Winchester Area Transportation Study. The applicant has not addressed 0 0 Jack K. Wampler, REZ #015-98 Page 5 December 3, 1998 this issue which could mitigate impacts associated with land acquisition from the Clearbrook Regional Park. The land use study demonstrates the need for the development of a future collector road which would link this site with properties on the southeastern side of Martinsburg Pike. The land use plan calls for the provision of traffic signalization at the intersection of this road and Martinsburg Pike; however, the applicant has not addressed how the future development of this site will impact the need for this improvement or how it will be funded. The land use study states that there is a need to protect rural landmark sites that are identified by the Frederick County Rural Landmarks Survey. The IIRAB has provided recommendations which include an archeological survey as an initial step and buffers and screening during the development process. To date, the applicant's proffer statement does not address this issue. The applicant has proffered to set structures 50' from the property boundary line in lieu of the required 15' setback requirement. The Frederick County Public School comment requests protection through a landscaped buffer area which is not proposed as a part of the inactive buffer proffer. The Health Department comment reflects the inability of this site to support a sewage disposal system that can accommodate more than 150 g.p.d. and three employees. It is uncertain as to how and when public sewer will be provided to this site; therefore, the current proposal cannot accommodate the majority of uses that are permitted in the B2 (Business General) District. The applicant has proffered to provide a monetary contribution to mitigate the impacts associated with Fire and Rescue services. This amount is inconsistent with the results of the Capital Facilities Impact Model. The monetary contribution proffered by the applicant may be appropriate to mitigate the development of less square footage on the 20-acre site; however, the proffer statement does not provide for this. Staff has concerns regarding the type and intensity of uses which may be developed on the commercial portion of this site. Though the Route 11 North Land Use Plan calls for commercial and industrial development in the area, the timing of such development is dependent upon the availability of appropriate infrastructure. A number of issues pertaining to the Comprehensive Policy Plan and to review agency comments remain outstanding at this time and have not been adequately addressed by the applicant. Issues pertaining to future transportation improvements, appropriate buffers and screening, the type and intensity of uses, and the provision of adequate infrastructure are critical and should be addressed at the time of rezoning. It is staff belief that these issues have not been adequately addressed at this time. 0 • Jack K. Wampler, REZ #015-98 Page 6 December 3, 1998 PLANNING COMMISSION SUMMARY & ACTION OF 11/04/98: The applicant presented a revised proffer statement to the Commission which included: a buffer with an evergreen screen for the B3-zoned area to satisfy concerns of the public school system; a 100' buffer with a 6' high berm and evergreen screen for the B2-zoned area to mitigate viewshed impacts to the L.O. Dick House; intent to conduct an archeological survey prior to future site development as requested by the HRAB; an agreement to pay in whole or part any improvements required by VDOT; and, an increase in the monetary contribution to fire and rescue which exceeded the Capital Facilities Impact Model's designated amount. One citizen came forward to speak in favor of the requested rezoning; he did not believe the proposed use would distract from the historic nature of the property. In light of the submission of the revised, unsigned proffer statement, Commission members voted unanimously to table the rezoning for 30 days, pending proffer acceptance by the County. (Note: Mr. Ours was absent from the meeting.) PLANNING COMMISSION SUMMARY & ACTION OF 12/02/98: The staff reported that the County Attorney had reviewed the revised proffer statement and believes that it is in proper form. The staff recalled that the revised proffer includes a buffer with evergreen screening on the B3-zoned area, which adjoins the Stonewall Elementary School site; the provision of a 100' distance buffer with a 6' high berm and evergreen screen along the B2 portion on the northern property boundary to protect the viewshed of the historic L.O. Dick house; the intent of the applicant to conduct an archeological survey of the site prior to development activities at the request of the HRAB; it includes an agreement to provide improvements as required by VDOT, which is in conformance with the Comprehensive Policy Plan; it provides an increase in the monetary contribution to offset the negative fiscal impacts for capital facilities; and it also limits the 20-acre site to two commercial entrances along Route 11, which was a concern raised by the Commission at their meeting on November 4, 1998. It was the staff s belief that the revised proffer statement addressed the majority of the impacts from the application and the only outstanding issues raised during the Commission's November 4th meeting regard the unknown type and intensity of uses in the B2 as well as the timing of the request, as no public sewer is available to the property. There were no citizen comments. Several Commissioners believed that the Commission and Board needed to give strong consideration to not rezoning any future large tracts of land in this area until the sewer issue was resolved. Commission members stated that sewer in that area was a major concern and they believed it has not 0 • Jack K. Wampler, REZ #015-98 Page 7 December 3, 1998 yet been addressed properly. Other Commission members noted that the developer of this particular tract will be restricted as to what can be done with the property until public water and sewer is available. The Commission unanimously recommended approval. (Mr. Marker was absent from the meeting.) r REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.�} Zoning Amendment Number, (� 5 - I Date Received r PC Hearing Date /^ - 9 BOS Hearing Date_2 - 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 Telephone: (540) 662-4185 Address:151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above) Name: Jack K. Wampler, Sr.. et als. Telephone: (540) 667-8826 Address:2648 Martinsburg Pike Stephenson, VA 22656 3. Contact person if other than above 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 tares paid _X Proffer Statement X 11 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: Jack K. Wampler, Sr. Polly J. Wampler Jack K. Wampler, Jr. Peggy Wampler 6. A) Current Use of the Property: Agricultural B) Proposed.Use of the Property: Commercial 7. Adjoining Property: PARCEL ID NUMBER _33-((A))-164 -13-(1A))-164C 33-((A))-165 33-((A))-164E 44((A))-97 44-(SA))-82 USE Commercial Commercial Commercial Residential Agricultural Educational ZONING r B-2 & B-3 B-3 RA EM Educational 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): West side of Martinsburg Pike (U.S. Route 11) about 0.5 miles south of the intersection with Rte. 672. 12 1] • 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 33-( (A) )-164D Districts Magisterial: Stonewall High School ,Tamps Wood Fire Service: Co. 1 3-Clearbrook Middle School: James Wood Rescue Service: Elementary School: Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current ZonincyTZoning Requested 9.30 RA B-3 RA B-2 20.00 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: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Office: Retail: Restaurant: Square Footage of Proposed Uses 13 Service Station: Manufacturing: Warehouse: Other: 01/20/1994 05:13 15407229528 GREENWAY ENGINEERING PAGE 02 0 0 12. Sipature: 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. A,pplicant(s): Owner(s): 14 Date: Z�2 2Q,5�- Date: A�-S- 0' Date: /La - ' -r Date' /29,S-`?d' i • 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 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 Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Fish, Raymond L. & Iris J. 174 Warms Springs Road Winchester, VA 22603 Proe # Name Richardson, Kimberly & Jo n 3333 Martinsburg Pike Winchester, VA 22655 Property # 33- A -164E Name Cedar Land Company, L.C. P.O. Box 219 Clearbrook, VA 22624 Property # NameStonewall School House 3165 Martinsburg Pike Clearbrook, VA 22624 Property # Name Property T Name Property # Name Property # Name Property # Name Property # Name Property # 15 AMENDMENT Action: PLANNING COMMISSION: Recommended AR oval on December 2 1998 BOARD OF SUPERVISORS: Approved December 9, 1998 AN ORDINANCE AMENDING SEE REVISED PROFFER — THE ZONING DISTRICT MAP ADDENDUM TO REz. 1015-98 JACK K. WANPLER, SR., ET. ALS./ PDRES 129-99 Rezoning #015-98 of Jack K. Wampler, Sr., Et. als APPROVED BY BOS 10/27/99 WHEREAS, Rezoning Application #015-98 of Jack K. Wampler, Sr. was submitted to rezone 9.30 acres from RA (Rural Areas) to B3 (Industrial Transition)and 10.70 acres from RA (Rural Areas) to B2 (Business General). 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 November 4, 1998, and reconsidered this rezoning on December 2, 1998; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on December 9, 1998; 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 9.30 acres from RA (Rural Areas) to B3 (Industrial Transition) and 10.70 acres from RA (Rural Areas), 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 #29-98 9 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 678-0682 October 28, 1999 Mr. Mark D. Smith Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: ADDENDUM TO REZONING APPLICATION 9015-98 OF JACK K. WAMPLER, SR., et als; RIN. 33-A-164D Dear Mark: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of October 27, 1999. The Board approved your request 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 mules south of the intersection with Hopewell Road (Rt. 672), and is identified with Property Identification Number 33-A-164D in the Stonewall Magisterial District. The proffers that were approved as a part of this rezoning application are unique to this property and are 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. Sincerely, L01 � . , ---- Evan A. Wyatt, P Deputy Director EAW/ch Attachment CC'. Jack K. Wampler, et als Charles Orndoff, Stonewall District Supervisor Jane Anderson, Real Estate * Steve Melnikoff, VDOT * Tom Sullivan, FCPS * Denny Limburg, Fire Marshal * Dept. of Historic Resources copy of proffers) p;\AgundasW PPR_DEN.L7RVtEZ'sUackW ampkfl. RFZwpd (* - 107 North Kent Street - Winchester, Virginia 22601-5000 0 -0 AMENDMENT Action: PLANNING COMMISSION: Recommended Approval on October 6, 1999 BOARD OF SUPERVISORS: 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 B3 (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 _i 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 Aye W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Charles W. Orndoff, Sr. Aye Robert M. Sager Aye A COPY ATTEST Jo". Riley, Jr. Frederick County Administrator 0: W gendas\COMMENTS\REZON1NG\ResolutrtV ackWamplerl. RES.wpd Greenway Engineering U August 26, 1999 AX Wampler, Sr., et als REZONING REQUEST PROFFER PROPERTY ID 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 "B-3". I • J Jack K Wam ler Sr. et als Creenway Engineering August 26,1999 P 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 4. PROHIBITED USES 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 AK. 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: v 1t " x f.. Jack K. Wampler, Sil �W61e�� Jack K. Wampler, Jr. Commonwealth of Virginia City/County of=k To Wit: The foregoing instrument was acknowledged before me this day of1999 by Public My Commission Expires .. ,• Faun etl Freon is my CMMVWM of Virginia Notary Public Seal my CornmLmlon Expires Febmary 29, 2000 JASON D. ®RND®RFF 3 AREA DEDICATED To VREj4VjOC COU"rY D t I I � I 0 00 a I a � lad i I �} 1 1 1 t I f E M I i i W lV 1 1 r 1 N = '`I I 1 1 ! 1 I I 0, I r 0-0 rl •1 ,t(Kt O .Fyuv N 1 Proposed Land Dedication & Buffer Reduction. JACK K. WAMPLER, SR Stonewall District Frederick County. VA I!;bi GREENWAY ENGINEERING y 151 Vk* MI Lone KARK D. SMITH C rwr.� w Im WkKtwster, Vtdyo 22602 ih022837 EnplrKers Telephone 510-662-4183 �{.+� Surveyor FAX 540-722-9528 74/AL "' '1 2Jb.24' 545.2 �35' ACTIVE / BUFFER 15' INACTIVE BUFFER B-2 ZONE 10.E ACRES T.M.33-((A))-164D DB 690/228 i 20.0 A6RE5 PROP. ZONE LINE N 38 ° 14'20" YV 5-78.4-7' B-3 ZONE 8.61 ACRES 15' INACTIVE BUFFER PROP. ZONE L I NE RA ZONE jL I N n J m m EXHIBIT SHOWING PROPOSED ZONE BOUNDARIES ON THE PROPERTY OF JACK K. WAMPLER, SR., ET ALS STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1 "=200' 1 DATE: AUGUST 1999 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 $� FAX: (540) 722-9528 GLEARBROOK PARK ►�Q'LTH OF4'04 MARK D. SMITH No, 022837 o SIGNAL Founded in 1971 E-MAIL: Rreenwav®visuallink.com 1 11 0 9 PC REVIEW DATE: 08/04/99 (tabled); 10/6/99 BOS REVIEW DATE: 10/27/99 ADDENDUM TO REZONING APPLICATION #015-98 JACK K. WAMPLER, SR. 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 LOCATION: 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). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-A-164D PROPERTY ZONING & PRESENT USE: Zoned: B3 (Industrial Transition) District - 9.3 acres Land Use: Agricultural B2 (Business General) District - 10.7 acres ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District South: Zoned RA (Rural Areas) District East: Zoned RA (Rural Areas) District West: Zoned B2 (Business General) District Zoned B3 (Industrial Transition) District Use: Vacant Use: Stonewall Elementary School Use: Clearbrook Regional Park; Vacant Use: Commercial; Vacant PROPOSED USE: Dedicate 0.69 acres of RA (Rural Areas) District land to Frederick County School Board, Jack K. Wampler, REZ #015-98 Page 2 October 19, 1999 REVIEW EVALUATIONS: Historic Resources Advisory Board: During their 2/16/99 meeting, the HRAB recommended that the proffer that was approved on December 9, 1998 by the Board of Supervisors offered the most appropriate treatment of the potentially significant L. O. Dick House and, therefore, should not be modified by the applicant. County Attorney: The proffer statement appears to be in proper form; however, the proffer statement will need to be signed by the owners and notarized prior to acceptance by the County. Frederick Co. Public Schools: See attached letter from Dr. William C. Dean dated 2-17-99. Planning & Zoning_ 1) Site History The original Zoning Map for Frederick County (U. S. G. S. Inwood Quadrangle) identified the original zoning of this site as A-2 (Agricultural General) District. This zoning designated was reclassified to RA (Rural Areas) District on February 14, 1990 when the comprehensive revision to the Zoning Ordinance was adopted by the Board of Supervisors. The Board of Supervisors approved Rezoning Application #015-98 of Jack K. Wampler, Sr., on December 9, 1998. This rezoning established 9.30 acres of B3 (Industrial Transition) District and 10.70 acres of B2 (Business General) District on the 20-acre parcel, as well as proffered conditions for the B3 District and B2 District areas of the parcel. 2) Location The 20-acre site is located in the County's Sewer and Water Service Area (SWSA) and is a component of the Route 11 North Land Use Plan which was adopted by the Board in 1996. This land use plan calls for industrial and commercial use in the general area of this property. The 20-acre site is located on the west side of Martinsburg Pike (Route 11) which provides a significant amount of road frontage. The site abuts the Stonewall Elementary School to the south and is across Martinsburg Pike for the entrance to the Clearbrook Regional Park. 0 0 Jack K. Wampler, REZ #015-98 Page 3 October 19, 1999 3) Site Suitability The 20-acre site does not contain areas of steep slope, floodplain, wetlands, or woodlands. The Soil Survey of Frederick County, Virginia identifies prime agricultural soils on the entire site. The Frederick County Rural Landmarks Survey identifies the L.O. Dick House (ID #34-936) within close proximity of this site. This house, located just north of the 20-acre site, is identified in the survey as a potentially significant historic structure. 4) Application Scope/Intent The applicant has proposed to rezone a 0.69-acre strip of land along the southern boundary line that is 50 feet in width. Currently, this strip of land is zoned B3 (Industrial Transition) District, and is depicted on the proffered General Development Plan as a 50-foot inactive buffer between the proposed mobile home/model home dealership and the Stonewall Elementary School. It is the intent of the applicant to dedicate this acreage to the Frederick County School Board to consolidate this land into the Stonewall Elementary School site should the Board of Supervisors approve this rezoning request. 5) Proffer Statement The applicant has submitted a proffer statement that has been signed, notarized and reviewed by the County Attorney. The applicant's proffer statement has been modified slightly from the proffer statement that was approved by the Board of Supervisors on December 9, 1998. These modifications include the following: A) The applicant has proffered to dedicate the 0.69-acre portion of this property that is proposed to be rezoned to RA (Rural Areas) District to the Frederick County School Board. The applicant will be responsible for preparing the boundary line adjustment plat for this land dedication. B) The applicant has proffered to provide an evergreen screen adjacent to the southern boundary line which adjoins the Stonewall Elementary School within a 15-foot inactive buffer easement. C) The applicant has proffered to provide a 50-foot buffer easement adjacent to the northern property line which includes an evergreen screen element. An exhibit is included with the proffer statement which depicts this buffer easement, as well as the buffer easement described under 5B.. 0 Jack K. Wampler, REZ #015-98 Page 4 October 19, 1999 SUMMARY FROM 08/04/99 PLANNING COMMISSION MEETING: Staff identified several issues associated with the revised proffer statement which required clarification by the applicant. It was staff belief that the proffer statement should be revised to address these issues to ensure that the proffered conditions were enforceable. The Planning Commission questioned why the applicant desired to amend the proffer statement if they were satisfied with it during the previous rezoning process. The applicant advised the Planning Commission that the amendment to the proffer statement was recommended by the Board of Supervisors during the approval of the previous rezoning application. The applicant agreed that the issues identified by staff should be addressed through the revision of the proffer statement; therefore, the applicant requested that this rezoning application be tabled by the Planning Commission. STAFF CONCLUSIONS FOR 10/06/99 PLANNING COMMISSION MEETING: The request to rezone the 0.69-acre portion of the 20-acre site from B3 (Industrial Transition) District to RA (Rural Areas) District does not create any negative impacts and has not generated any concerns from the various review agencies. The proffer statement has been revised to address the issues identified by staff during the August 4, 1999 Planning Commission meeting. PLANNING COMMISSION SUMMARY & ACTION FOR 10/06/99 MEETING: The staff reported that the revised proffer statement had been reviewed by the County Attorney and that the revisions addressed the concerns identified during the August 4, 1999 Planning Commission meeting. There were no citizen comments. The Planning Commission felt that this request was appropriate and unanimously recommended approval of the rezoning with the revised proffer statement. (Note: Mr. Stone was absent from the meeting.) .M Frederick County Public Schools 1415 Amherst Street Post Office Box 3508 Winchester, Virginia 22604-2546 Telephone: (540) 662-3888 — FAX (540) 722-2788 Superintendent of Schools February 17, 1999 Mr. Ralph Beeman Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 REF: Rezoning Request Proffer and Proffer Revision Dear Ralph: I am in receipt of your request for comments concerning the proffers included in the rezoning request for a parcel of land containing approximately .69 acres from its current B-3 zoning to RA zoning. It is my understanding the land to be rezoned is located at the following location: West side of Martinsburg Pike (U. S. Route 11) about 0.5 miles south of intersection with Route 672 We have reviewed the rezoning request proffer, which indicates 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—Stonewall Elementary School. In addition, although the evergreen screen requirement shall remain (i.e., 6' high earth berm with three trees per ten lineal feet), it is proposed the 50' inactive buffer be removed from rezoning application #015-98. In addition, upon reviewing the document containing the revisions you have proposed, in section I. Land Dedication, I would note the dedication of the 50' wide strip of land should be to the Frederick County School Board rather than Frederick County as noted in the rezoning request. The Frederick County School Board approved the acceptance of the rezoning proffer at its February 16, 1999, meeting. If you should have any questions, please do not hesitate to contact me at your earliest convenience. Sincerely, William C. Dean, Ph.D. Superintendent of Schools 0 N 50'il'm9' E '1384I' N W04'03' E 6I231' _ f 'V� eG 6 0 B i �Y a 0 B—? ZONE �y • o00oU I. _ -- a 4e•m4,34^ w ineem, _-----_ 4 is i� I ca z o La 1 (U N W � U N 00 L CA � N L—i J � � m o i N U) N ? Or a, C++ 0o Z 5 a s W t 3 a� W " °x �< m N � L L C O/ T � N a C: L i l W 3 O N p o7 a N � Z LL ¢ t a. Z o C/1 C v d ,y o o � DATE, 4/5/99 SCALE- 1•'=120' DESIGNED BY, RCB JOB NO. 2009 SHEET 01 OF 01 0 0 Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia 22601 (540) 665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia kpplicant: Please fill out the information as accurately as possible in order to assist the Count Attorney's office with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Mailing Address: 151 Windy Hill 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 Current zoning: B-3 Zoning requested: RA Acreage: 0.69 Cnnnty Attnrn,-v�Q CnmmPntc- dlYe -�/ G tc1/ GJG'J�Ec�� Assistant County Attorney's 1 Signature & Date: Notice to County Attorney - Please Return This Form to the Applicant 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 Hill Lane Winchester, VA 22602 Attn: Ralph Beeman Location of property: West side of MartinsburgPike ike (U.S. Route 11) about 0.5 miles south of intersection with Route 672 Current zoning: B-3 Zoning requested: RA Acreage: 0.69 13-Z Advisnry 'Rnard f amments_ RECEIVED FEB 0 B 1999 DEPT, OF �11111111�11EIIII�IIEII Signature &Date: Notice to Advisory Board - Please Return Form to Applicant ft�\ GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 T R A N S M I T T A L Project Name:��o���,4�//S/0�1 Fax No.: Date: To: ���J��s/C'� �U�v %G %✓C From: Z�21XLZI ��- 7= /.�i J Attn: GREENWAY ENGINEERING Phone: 540-662-4185 FAX: 540-722-9528 Copied: Remarks: _ Urgent For your review As you requested _ Please Comment Message: ��� �i✓I� Fit/LGO �� /���✓cy �o����rs y IJ99 "crl, UF"MN1NG(DEVELOPMENt Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@visuallink.com A COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 �I J1'Irlrr�rl Jl I Ur" PJ3L !r rlEr\RlINlr September 22, 1999 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING #015-98 OF JACK K. WAMPLER, SR. On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on October 6, 1999, at 7:00 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning 4015-98 of Jack K. Wampler to rezone 0.69 acres of a 20-acre parcel from B3 (Industrial Transition) District to RA (Rural Areas) District and to amend 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 (Route 11) approximately 0.5 miles south of the intersection with Hopewell Road (Route 672) and is identified with Property Identification Number 33-A-164D in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Evan A. Wyatt U Deputy Director EAW/ch O:\Agendas\ADJOIN ER\W amplerREZ.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 This z4xzz fy that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, V rginia: 33 - A- - 164-D WAMPLER, JACK K SR & JACK K JR PIA WAMPLER'S MOBILE HOMES 2648 MARTINSBURG PIKE STEPHENSON, VA 22656-1708 44 - A- - 82- STONEWALL SCHOOL HOUSE PO BOX 3508 WINCHESTER, VA 22604.2546 44 - A- - 97- CEDAR LAND COMPANY, LC PO BOX 219 CLEARBROOK. VA 22624.0219 33 - A- - 164-E RICHARDSON, KIMBERLY DICK & JOHN FRANKLIN 106 COTSWOLD CT STEPHENS CITY, VA 22655.3403 STATE OF VIRGINIA COUNTY OF FREDERICK 33 - A- - 164- FISH, RAYMOND L & IRIS JOY 174 WARM SPRINGS RD WINCHESTER, VA 22603-2716 Mr. Mark D. Smith Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Evan A. Wyatt, Depuq Director Frederick Co. Planning Dept. I?�eih �)p � ' 1 , a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Deputy Director, fort Department of Planning and Development, whose name is signed to the foregoing, dated as 99 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this �(1 day of O 1qqq My commission expires on � t+i Aiu ___NOTARY PUBLIC COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAY: 540/ 678-0682 INWIFICArICANI OF PUBLIC HEARING October 13, 1999 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING #015-98 OF JACK K. WAMPLER, SR. On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on October 27, 1999, at 7:15 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning #015-98 of Jack K. Wampler to rezone 0.69 acres of a 20-acre parcel from B3 (Industrial Transition) District to RA (Rural Areas) District and to amend 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 (Route 11) approximately 0.5 miles south of the intersection with Hopewell Road (Route 672) and is identified with Property Identification Number 33-A-164D in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Q Lcj' . Evan A. Wyatt Deputy Director EAW/ch O:\Agendas\ADJOINER\W amplerREZ.wpd 107 North Kent Street a Winchester, Virginia 22601-5000 i This is to certify that the attached correspondence was mailed to the following on 9 Ct - / 3 �12 9 J from the Department of Planning and Development, Frederick County, Virginia: 33 - A- - 164-D WAMPLER, JACK K SR & JACK K JR PIA WAMPLER'S MOBILE HOMES 2648 MARTINSBURG PIKE STEPHENSON, VA 22656-1708 44 - A- - 82- STONEWALL SCHOOL HOUSE PO BOX 3508 WINCHESTER, VA 22604.2546 44 - A- - 97- CEDAR LAND COMPANY, LC PO BOX 219 CLEARBROOK, VA 22624-0219 33 - A- - 164-E RICHARDSON, KIMBERLY DICK & JOHN FRANKLIN 106 COTSWOLD CT STEPHENS CITY, VA 22655.3403 33 - A- - 164- FISH, RAYMOND L & IRIS JOY 174 WARM SPRINGS RD WINCHESTER,VA 22603-2716 Mr. Mark D. Smith Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 6-�W- Evan - L'� A. yatt, De ty Director Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTYOF FREDERICK I, BffllAnn HI I a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated 10 • IA - 99 has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 1? day of October 1 qr—'T(1% My commission expires on Fe b(u nn 30'TrA RI PUBLIC PROFFER AMENDMENT August 0 0 PROFFER AMENDMENT August 1999 V REZONING REQUEST PROFFER PROPERTY IDENTIFICATION 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 rezoning application # 015- 98 for the rezoning of approximately 9.30 acres from the Rural Areas (RA) Zoning District to the Industrial Transition (B3) Zoning District, and the rezoning of approximately 10.7 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. 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 conditions proffered are as follows: AREA ZONED B-3 - 9.3 ACRES The following proffers shall only pertain to that portion of the property zoned "B-3". 1. BUFFERING AND SCREENING There shall be a 50' inactive buffer along the adjoining boundary with parcel no. 44-((A))-82, the property known as Stonewall Elementary School. 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 buffer shall be binding as long as a public school is operational on this parcel. 2. 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 3. PROHIBITED USES All other uses shall be prohibited on the portion of the subject site zoned "B-3". C_I AREA ZONED B-2 - 10.7 ACRES 4. BUFFERING AND SCREENING There shall be a 100' buffer (50' active and 50' inactive) along the adjoining boundary with parcel no. 33-((A))- 164E. 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. ENTIRE PARCEL The following proffers shall apply to the entire 20.00 acre parcel: 5. 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. 6. INGRESS/EGRESS The subject property shall have no more than two entrances on U.S. Route 11. 7. 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. 8. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT The undersigned owners of the above -described property hereby voluntarily proffer that in the event the subject property, parcel no. 3 3 -((A))- 164D, containing approximately 20.00 acres, is approved for rezoning from Rural Areas (RA) zoning district to Industrial Transition (3-3) zoning district, 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 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 applicant and 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 F 0 0 Commonwealth of Virginia City/County of Frederick To Wit: The foregoing instrument was acknowledged before me this 6th My Commission Expires Embossed Hareon Is My COromomyeallh of Virginia Nolary Public Seal My Commission Expires February 29, 2000 JASON B. ORNDORFF . day of November 1998 by 1�0 TtOotary Public • • • T < — •- •--- --- ---•- -- ---- --- -� _ __� �._._._ __._--- RAG 5 I mIT I � 000 zl m � U a 000 � A TRAIL_ i ��-r, ZSCGC 64\11 I -------- -- - --- -- ------- — -- --- ------ ---- - > iE Z GLEAFBr200< FAF-K u APPENDIX 3 cD z o W co ti 1,J e Z_ a _> of s N Q y ♦ n 6 N -c ao Z c (a t in i . � au W u ° x U L L O S o 5. �4 L c L W 3 � N R DATE, 08/12/98 I SCALE, V-120' DESIGNED BY, MDS JOB NO. 2232 SHEET 01 OF 01 AMENDMENT Action: PLANNING COMMISSION: Recommended Approval on December 2, 1998 BOARD OF SUPERVISORS: Approved December 9, 1998 THE ZONING DISTRICT MAP Rezoning #015-98 of Jack K. Wampler, Sr., Et. als WHEREAS, Rezoning Application #015-98 of Jack K. Wampler, Sr. was submitted to rezone 9.30 acres from RA (Rural Areas) to B3 (Industrial Transition)and 10.70 acres from RA (Rural Areas) to B2 (Business General). 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 November 4, 1998, and reconsidered this rezoning on December 2, 1998; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on December 9, 1998; 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 9.30 acres from RA (Rural Areas) to B3 (Industrial Transition) and 10.70 acres from RA (Rural Areas), 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 429-98 0 0 This ordinance shall be in effect on the date of adoption. Passed this 9th day of December, 1998 by the following recorded vote: James L. Longerbeam, Chairman W. Harrington Smith, Jr. Charles W. Orndoff, Sr. O:\Agendas\REZONE\RE SOLUTNUackW ampler.RES Aye Richard C. Shickle Aye Margaret B. Douglas Nay Robert M. Sager A COPY ATTEST John . Riley, Jr. Frederick County Administrator Aye A__- Nay I February 18, 1999 Mr. Ralph Beeman Oren-n• ��ay E:� -;neer:ng ti 151 Windy Hill Lane Winchester, VA 22602 Dear Ralph: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 The Historic Resources Advisory Board made the following recommendation during their 2/16/99 meeting: Jack Wampler, Sr., et al, Proffer Revision Recommendation: The existing proffer regarding provision of a buffer along the boundary with parcel number 33-A- 164E is considered to offer the most appropriate treatment of the potentially significant L. O. Dick House. Therefore, it is recommended that the existing proffer language remain unchanged. Please feel free to call this office if you have any questions regarding the HRAB's recommendations. Sincerely, ���Q-- Christopher M. Mohn Planner II CMM/cc U.\CiuisM\commmt\H RAB\W ampler. REZ.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 �dGREENWAY ENGINEER= ^y 151 Windy I fill Line Winchester, Virginia 22602 9 Founder! in 1971 March 16, 1999 00t_ John Kimberly Richardson David &QLel Darnell 106 Cotswold Court 3381 Martinsburg Pike Stephens City, Va. 22655 Clearbrook, Va. 22624 RE: Wampler Rezoning Request and Berm Location Dear Mr. and Mrs. Richardson and Mr. and Mrs. Darnell: On behalf of our client, Mr. Jack Wampler, and in reference to conversations you have had with Mr. Wampler, it our understanding that as Greenway Engineering prepare to request a rezoning amendment to Mr. Wampler's land and adjust a buffer distance adjacent to your properties in the Clearbrook area, it is your desire for the proposed berm we had previously committed to building along the property line be eliminated. Therefore, to make it clearly understood by all parties involved, we are requesting you to sign the seen and agreed statement below, which will demonstrate your request and desire for the following: Being that it is our request that a six-foot high berm not be constructed along the property line between Wampler and Richardson. Be it further understood that the elimination of this berm is our wish and that the landscaping proposed along the property line would remain. Therefore we believe the landscaping alone along this property line will be sufficient and meet our wishes for screening of the proposed business uses Mr. Wampler may have in the future. After your careful review of the above statement, please sign the seen and agreed statement below. Should there be any further questions required of this issue, please contact me at your convenience. Sincerely, Green ay Engi eril g Mark D. Smith, P.E., L.S. President c.c. Jack Wampler, Sr. Evan Wyatt, Deputy Dir. of Planning This letter hays een seen and agr ed to: Date Date This letter has been seen and agreed to: ��" 14 �' � � �/' '-) 0/ 9 Date Date Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 W " Lord Fairfalt Environmental Heal* District 107 N. Kent St. QPo, P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of Clarice, Frederick, Page, Shenandoah, Warren, and City of Winchester August 14, 1998 RE: Re -zoning comments TM # 3 3-A-164D Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Beeman: I have reviewed the documents on file for this property. It appears that this office issued 1 sewage disposal system permit on 12/15/97 for 150 gallons per day to serve a maximum of 3 employees at a mobile home dealership office. I was not able to find any other records for this property. It is stated in Section 1.8 C of the Virginia Sewage Handling & Disposal Regulations that " all buildings, residences, and structures designed for human occupancy, employment or habitation and other places where humans congregate shall be served by an approved sewerage system and/or treatment works. An approved sewerage system or treatment works is a system for which a certificate to operate has been issued jointly by the department and State Water Control Board or a system which has been issued a separate permit by the commissioner". Per your re -zoning request, this office can only give approvals for the 150 gallons per day as stated above. Any proposed expansions involving on site sewage disposal would require approvals by this office. Your request also indicates that the property would be served by a public water system, therefore this office would not issue well permits. I hope that this information is helpful to you. Sincerely, Karl E. Evans Environmental Health Supervisor Lord FairfaP Environmental Heallil District 107 N. Kent St. na. P. O. Box 2056 Winchester, Virginia 22604 •R (540) 722-3480 FAX (540) 722-3479 Counties of- Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester September 23, 1998 RE: Wampler rezoning Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Beeman: I am writing in response to your letter dated September 7, 1998. We completed a search of our files on this date and we were able to locate another permit in our inactivated files that was issued to Mr. Wampler that is identified as number 96012870. The permit was issued by Mr. Frank Lee. It is my understanding of current county zoning policies, that only 1 dwelling or structure is allowed per parcel unless it is a tenant house situation and the square footage of the tenant house cannot exceed 25% of the square footage of the main dwelling. Another option would be to sub -divide the original parcel, thereby creating multiple lots that would accommodate 1 dwelling per sub -divided lot. With this information in mind, it is my understanding that Mr. Lee informed Mr. Wampler that only 1 permit could be active due to the fact that the applications did not include plans for sub -dividing or the construction of a tenant house. In summary, we do have on file, 2 sewage disposal system construction permits for this parcel, but in order to comply with current policies, this office can only grant approval for 1 structure unless the information in paragraph 1 would apply. If you have any questions, please call. Sincerely, Karl E. Evans Environmental Health Supervisor 0 0 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 Mr. Mark D. Smith, P.E. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 September 21, 1998 RE: 20 Acre Rezoning Request - Wampler Property Frederick County, Virginia Dear Mark: We completed our review of the proposed 20 acre rezoning and offer the following comments: 1. Refer to page 5, Sewage Conveyance and Treatment. Until sewer collection has been extended to this site, development of the two (2) individual parcels will be governed by the ultimate capacity of the permitted drainfields. The health department will establish these capacities. The design capacities shall be included with the site plan submittal for our review. 2. Under the drainage calculations, a predevelopment "C" value of 0.6 has been assumed. This value is not appropriate for the insitu residual soils. We recommend a predevelopment "C" value of 0.2. A detailed stormwater evaluation shall be included with any site plan submittals. Please provide revised impact documents for our review prior to granting our final rezoning approval. HES/kch cc: file AAWampler Rezxom Sincerely, Harvey . trawsnyder, Jr., P.E. Director of Public Works 107 North Kent Street • Winchester, Virginia 22601-5000 0 0 Mr. Mark D. Smith, P.E. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Wampler Rezoning Frederick County, Virginia Dear Mark: October 8, 1998 COUNTY of FREDERICK Department of Public Works 540/665-5643 . FAX: 540/678-0682 Your revised rezoning submittal dated September 24, 1998, has adequately addressed our previous review comments. Therefore, we grant our approval of the proposed rezoning. HES/rls cc: file AAWampler2 Rezxom Sincerely, Harvey . Strawsnyder, Jr., P.E. Director of Public Works 107 North Kent Street • Winchester, Virginia 22601-5000 0 0 wn A RF4&IVED AUG 1 3 1998 V c ' O ' UV'v Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540)665-6350 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal County Administration Bldg., 1 st Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 662-4185 Mailing Address: 151 Winchester, Attn: Windy Hill Lane VA 22602 Beeman Ralph Location of property: West side of Martinsburg Pike (U.S. Route 11 ) Current zoning: RA Fire Marshal's Comments: Fire Marshal's Signature & Date: Zoning requested B-3 Acreage: 20.00 Notice to Fire Marshal - Please Return This Form to the Applicant COUNTY OF FREIDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.RZ98-0010 Date Received 8-13-98 Date Reviewed 9-17-98 Applicant Greenway Engineering Address 151 Windy Hill Lane Winchester, Va 22602 Project Name Beeman Project Phone No. 540-662-4185 Type of ApplicationRezoning Current Zoning�A 1st Due Fire Co. 13 1st Due Rescue Co. 13 Election District Stonewall Tax I.D. No. 33-A-164D RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler System Automatic Fire Alarm System Other REQUIREMENTS Emergency Vehicle Access Adequate Inadequate Not IdentifiedXX Fire Lanes Required Yes No XX Comments Roadway/Aisleway Widths Adequate Inadequate Not IdentifiedXX Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate Inadequate Not IdentifiedXX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Y4XXNoSignatuTitle Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. L",ttach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Attn: Ralph Beeman 662-4185 Location of property: _ West side of Martinsburg i Pike (U.S. Route 11 ) ut 0.5 miles south of the intersection with Route 672. Current zoning: RA Zoning requested: B-3 Acreage: 20.00 Department of Parks & Recreation Comments:4111 Pks. & Rec. Signature & Date:0/1�/,11-1-d Notice to Department of �4s & Recreation - Please Return This Form to the Applicant 23 FrOerick County Public Schoots 1415 Amherst Street Post Office Box 3508 Winchester, Virginia 22604.2546 Telephone: (540) 662-3888 — FAX (540) 722-2788 Administrative Assistant to the Superintendent September 1, 1998 Mr. Ralph Beeman Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 REF: Rezoning Comments Dear Ralph: I am in receipt of your request for rezoning comments concerning a parcel of land containing approximately twenty acres from the present RA to B-3. It is my understanding the land to be rezoned is located at the following location: West side of Martinsburg Pike (U. S. Route 11) about 0.5 miles south of the intersection with Route 672. We have reviewed the rezoning request proffer (property identification number 33-A 164D), which indicates a proposed 50' inactive buffer along the boundary adjoining Stonewall Elementary School. In addition to the 50' inactive buffer, we recommend landscaping the buffer area with evergreen trees to serve as screening between the school and the adjacent property. If you should have any questions, please do not hesitate in contacting me at your earliest convenience. Sincerely, Thomas Sullivan Administrative Assistant to the Superintendent cc: Dr. William C. Dean, Superintendent of Schools, Frederick County Public Schools 0 11 _Rezonini! Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 HE Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please, fill -out. the, information as accurately as possible . in . orde . r to assist the Sanitation . ... ...: copy .. .... . I - .. - n - at.ion, Authority With.th*eir'review. Attach a copy of your application form, location P MAP, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 6 6 2-418 5 Mailing Address: 151 Windy Hill Lane -Winchester, VA 22602 - Attne Ralph Beeman Location of property: West side of Martinsbura Pike (U.S. Route 11) about 0.5 miles south of the intersection with Route 672. Current zoning: RA Zoning requested: B-3 Acreage: 20.00 Sanitation Authority Comments: Sanitation Authority Signature & . .......o.ti,e..e:.46... .San .i ..a i..o.n..,.......... ....ri t. PI ........... .......... ...... ....P nt ....... ............ 25 C� Rezoning Comments Frederick -Winchester Health Department Mail to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick -Winchester Health Department with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Geenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, Va 22602 Attn: Ralbh Beeman Telephone: 6 62-418 5 Location of property: West side of Martinsburg Pike (U.S. Route 11 ) about 0.5 miles south of the intersection with Route 672 Current zoning: RA Zoning requested: B-3 Acreage: 20.00 Frederick -Winchester Health Department's Comments: Health Dept. Signature & Date: Notice to Health Department - Please Return This Form to the Applicant 26 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: Please fill out the information as accurately as possible in order to assist the Historic Resources Advisory Board with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 662-4185 Mailing Address: 151 Windy Hill 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 the intersection with Route 672. Current zoning: RA Zoning requested Acreage: 20.00 a, 3let -`13C Advisory Board Comments: The HRAB made the following recommendations during their 10/20/98 meeting: 1) An archeological study of this site should be conducted prior to any development. 2) A 100' buffer should be maintained along the length of the Richardson property. 3) A six-foot trees should be provided.to the property Signature & Date: high earth berm w% evergreen bend w/ evergreens continuing to Notice to Adviso Board - lease Return Form to Applicant 19 track. I *VIRGINIA File no. 34-936 DIVISION OF HISTORIC LANDMARKS Ne alive n s . HISTORIC DISTRICT/BRIEF SURVEY FORM Citv/Town/ Village/ Hamlet Clearbrook County Frederick Street address or route number Rt. 11 North U.S.G.S. Quad Inwood Historic name Common name Dick, L. 0. House Present use Residential Building Style Vernacular Original use gesideLitial Building Date(s) ca.1800-1820 ea.1830-1860 ca.1 -1950 Construction Materials A—ood frame brick bond: ❑ English ❑ Flemish ❑ -course American ❑ stretcher ❑ other ❑ stone ❑ random rubble ❑ coursed rubble ❑ ashlar ❑ dressed ❑ rock -faced log: rear ❑ squared unsquared notching: ❑ V-notch ❑ half dovetail ❑ saddle ❑ full dovetail ❑ square ❑ diamond ❑ concrete. block ❑ terra Gotta ❑ steel frame ❑ other 2. Cladding Material Xweaffer%oardap ❑ vertical siding ❑ board & batten L7 shingle: ❑ wood ❑ asbestos ❑ asphalt ❑ bricktex ❑ other ❑ composition siding ❑ stucco ❑ aluminum or vinyl siding ❑ cast iron ❑ sheet metal ❑ enameled metal ❑ glass 3. Stories (number) 211 Aow basement ❑ raised basement 4. Bays (number): front 3 side (church) Xymmetrical ❑ asymmetrical 5. Roof Type ❑ shed ❑ parapet? Aable \❑pediment? ❑ parapet? ❑ clipped end? ❑ cross gable? ❑ central front gable? ❑ other 6. Roofing Material ❑ hipped ❑ pyramidal'? ❑ mansard ❑ false mansard ❑ gambrel ❑ flat ❑ parapet? ❑ roof not visible ❑ shingle ❑ composition (asphalt, asbestos, etc.) ❑ wood metal landing seam ❑ corrugated ❑ pressed tin (simulated shingles) ❑ the ❑ pantile ❑ flat ❑ slate ❑ not visible 7. Dormers (number): front 2_side gable ❑ pediment? ❑ shed ❑ glazed ❑ hipped Rounded arched 6/6 windows. 8. Primary Porch style Colonial Revival stories 2 ; levels full height bays 3 materials Wood description and decorative details Tuscan columns; dentils in cornice; flat entabla- t u rP 9. General supplementary description and decoration: 6/6 windows w/ ti louvered shutters; 2 int. end brick chimneys; corners 1 house have brick pilasters; 2 4-light attic windows i able ends; n. able end appears to be brick while s. { end is weatherboard; rear — portion appears oldest & was probably built in 2 part 64¢ windows; Greek Revival porch; huge central brick c imney in rear ell. 1,--9atbuildir- 10. New French doors on 2nd story centra bay; dormers added; new door surround if/ broken pedi- ment; closed -in rear 2 story porches. 11. 2 large modern garages; stone pump house Oth C. 12. Landscape Features: board & batten meathouse . Sits back off road;-20th C. stone fence at front. C• 13. Significance: Although "Colonial Revivalizcd", it still has alot of integrity. Rear section appears to be oldest. Needs closer investigation but was unable to get inside of gate. M Surveyed by: Date: 11/90 Maral S. Kalbian I H�k '.elm 471 :,-4 fz Pk, pt Opp, ..fix Otto ar Xk� Rezoning Comments �s Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (540) 984-5600 • Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 1550 Commerce Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 662-4185 Mailing Address: 151 Windy Hill Lane Winchester. VA 22602 Location of property: West side of Martinsburg Pike (tJ. S. Route 11) about 0.5 miles south of the intersection with Rte. 672. Current zoning: RA Zoning requested: B-3 Acreage: 20.00 Virginia Department of Transportation Comments: No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, --Sixth Ei ion for review. MOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off- site •,d a improvements and—dEa-i nag Rny workperformed the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond covera�. VDOT Signature & Date: ' Transportation Engineer 08/18/98 Notice to VDOT - Please 4rn Form to Applicant 20 • Rezoning Comments 0 Frederick County Commonwealth's Attorney Mail to: County Commonwealth's Attorney Winchester -Frederick Co. Judicial Center 5 North Kent Street Winchester, Virginia 22601 (540) 665-6383 P.enAlvAdl ifine: _ ---- -• Nice Hand deliver to: County Commonwealth's Attorney Winchester -Frederick Co. Judicial Center 5 North Kent Street, 2nd Floor Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Commonwealth's Attorney's Office with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone Mailing Address: 151 Windy Hill Lane Winchester, Va 22602 Attn: Ralph Beeman 662-4185 Location of property: West side of Martinsburg Pike (U.S. Route 11) about 0.5 miles south of the intersection with Route 672. Current zoning: RA Zoning requested: B-3 Acreage: 20.00 Commonwealth's Attorney's Comments: I Uses should be proffered out not in. Don't think can proffer how trailers face on a shrubbery & grass Commonwealth's Attorney's Signature & Date: Notice to Commonwealth's Attorney - Please Return This Form to the Applicant IN ��]G�La�4 �4L��C�iIC�GvI� NJ/n1�W In\^ wL;�IMJIYLS�lll19 �LNo9 IS IS ��c�o G�G�O�IOGvIC� Lappd�C�La4�0[r� Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Greenway Engineering 0 Wampler �_ipact Statement INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick county by the proffered rezoning of a 20.00 acre parcel owned by Jack Wampler, Sr. The subject site, tax parcel 33-((A))-164D, is located on Martinsburg Pike (U.S. Route 11), is adjacent to Stonewall Elementary School, and is directly across from Clearbrook Park. The site is also bounded by the Winchester and Western Railroad. The current zoning is "RA". Mr. Wampler proposes to rezone 9.3 acres of the 20.00 acre site to "B-3" and the remaining 10.7 acres to "13-2". The proposed zone line is shown on the Concept Drawing in Appendix 3. SITE SUITABILITY The subject property is strategically located on U.S. route 11, and is near an I-81 interchange. The site is also opposite of Clearbrook Park. Flood Plains The subject site is located on FEMA NFIP map # 510063-0110-B. The site is located within a "ZONE C" area. No portion of the subject site is in a 100 year flood plain. There are no streams on the site, although Clearbrook Run flows across two adjoining lots. Wetlands Both soil types on this property are well -drained. The site is gently sloping, and does not appear to have any areas of storm water retention. In addition, the National Wetlands Inventory Map does not reveal the existence of any identified wetland areas within this site. Mature Woodlands The subject site is an open field, with trees along two property lines. The subject site may be developed under the proposed zonings, & still easily meet the zoning ordnance requirement of no more than 25% disturbed trees. 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. The subject site is located on map sheet nos. 19 and 25, and contains two different soil types, Massanetta loam, and Oaklet silt loam. Each soil type covers approximately one half of the subject property. Greenway Engineering 0 Wamplertpact Statement Prime Agricultural Soils Both the Massanetta and Oaklet soil types are listed as "well -suited to cultivated crops, hay, and pasture." Steep Slopes - 15% and Greater There are no steep slopes on the subject property. The existing terrain on the site consists of gentle slopes, ranging from 0.5% to 7%. Construction Concerns The high shrink -swell potential of Oaklet silt loam will be a design consideration for building on this property, but is not considered to be a prohibitive factor. SURROUNDING PROPERTIES The subject site is adjacent to Stonewall Elementary School, the adjoining boundary being 140' from the school building. Although the zoning ordinance requires no buffer, the proposed proffer includes a 50' inactive buffer along the adjoining sideline with Stonewall Elementary School. This leaves a total separation distance of 190' between the school and a building on the subject site. • The Winchester and Western Railroad bounds the rear of the property, with a 60' right-of- way. • The properties on the other side of the railroad are owned by Dr. Raymond Fish. There are several businesses on these parcels - a veterinarian's office, motorcycle dealership, mobile home sales office, and three miscellaneous retail stores. The mobile home sales office, being nearest, is 230' from the adjoining boundary with the subject site. • To the northeast is a single-family home. This home is 180' from the boundary with the subject site. • Clearbrook Park lies across Martinsburg Pike (U.S. Route 11) from the subject site. • Adjacent to Clearbrook Park, to the southeast, is a 165 acre undeveloped tract. • There is a home opposite the school, 110' from the site's southeast property corner. The distance to all buildings were paced, and are therefore appproximate. Greenway Engineering 0 Wampler0pact Statement A 100' minimum buffer area will be required between "RA" and "B-3 zones, and a 50' minimum buffer is necessary between "RA" and "B-2" zones. Therefore, no residence on any adjoining property will be within 225' of a structure on the subject property. The distances to these homes, as well to all other surrounding buildings, should be sufficient to reduce to negligible levels the impact of any noise, light, or odors on neighboring lots generated by business on the subject site within the proposed zonings. BASIS FOR DETERMINING IMPACT IM The traffic impact for the "B-2" zoned area is based on a concept drawing (see Appendix 3) and an independent traffic study. All other impacts for the proposed "B-2" zoning have been calculated using the maximum possible density, which is 228,600 square feet of retail space. The proposed "B-3" zoning includes a proffer that limits use to mobile home and model home sales. All impacts were evaluated based on this use. TRAFFIC ANALYSIS V.D.O.T. has classified Martinsburg Pike (U.S. Route 11) a major collector. Route 672 is a minor collector, and I-81 is listed as a major arterial. VDOT Office Services Specialist, Vega Ziemer (Edinburg office), supplied data from the latest traffic studies on affected roads: EXISTING TRAFFIC COUNTS Road Date of Study APT (vehicles/day) U.S. Route 11, between 672 and 761 1996 7,300 Route 672, between 665 and Route 11 1995 3,015 I-81 36,000 "RA" Zoning - Existing The existing "RA" zoning for the 20.00 acre site will allow for a maximum density of four single-family detached dwellings. "B-2" Zoning The traffic impact resulting from the proposed "B-2" zoning is based on the enclosed concept drawing (Appendix 3). Greenway Engineering 0 WampleiT..ipact Statement "B-3" Zoning Traffic counts to Mr. Wampler's existing sales office on U.S. Route 11 were used as a beginning point in determining the traffic impact of the proposed "B-3" zoning. The following is a break- down of predicted traffic generation: 10 employees at 4 adt/person = 40 20 visitors at 2 adt/car = 40 20 business -related trips = 40 Total traffic generation = 120 adt Trip data for the "RA" and "B-2" uses were taken from the ITE Trip Generation Manual, 6th Edition. PEAK HOUR TRIPS AM PM Use Density Entering Exitin Entering Exiting ADT (vehicles/dav) Existing S/F detached home 4 units 1 3 3 2 40 B-3 Mobile home sales 3 salespersons --- --- --- --- 120 B-2 Warehouse 40,000 sf 14 10 2 23 200 Office 20,000 sf 28 4 5 25 220 Retail 35,000 sf 108 117 99 75 1,425 Convenience store/ 4,000 sf 64 64 82 82 1,955 gas station 12 fueling 3,800 stations The development of the proffered site could therefore generate 3,920 adt. It is expected that 80% of the increased traffic will travel to the I-81 interchange, less than one half mile away. This would translate into a 43% increase in traffic to this interchange, and a 11% increase in traffic on U.S. Route 11 south of the subject site. The traffic volume on Route 672 between Route 11 and the I-81 interchange could increase 104%, and traffic on I-81 could increase by 9%. While these traffic increases are substantial, the property is located less than one half mile from the I-81 interchange. The amount of road impacted is therefore minimal. The number of entrances to the site has limited to three by proffer. All site plans must be submitted to the Greenway Engineering 0 Wampler0pact Statement Virginia Department of Transportation for review and approval. All road improvements necessary to accommodate these traffic impacts will be constructed as VDOT requires. WATER SUPPLY The maximum design consumption for the subject site may be calculated as follows: Water consumption for a shopping center - V = 250gpd* 1000 sf For a maximum buildout of 228,600 sf, this becomes - V = 250gpd x 228,600 sf 1000 sf = 57,150 gpd * From the City of Harrisonburg Design and Construction Manual It may be assumed that the mobile home sales office will use 250 gpd. Therefore, the maximum water usage for the subject site is 57,400 gpd. There is currently a 10" water main along Route 11, which services Stonewall School, and terminates near the boundary of the subject site. It is proposed that the subject site also be serviced by this water main. SEWAGE CONVEYANCE AND TREATMENT Drainfield The property currently has two septic system permits, one in each proposed zone area. Until sewer collection has been extended to the site, development of the two (2) individual parcels will be governed by the ultimate capacity of the permitted drainfields. The health department will establish these capacities. The drainfield design capacities shall be included with the site plan submittal. Public Sewer Based on water consumption at full build -out, the proposed zoning will add 57,400 gpd to a future sewage conveyance system. Greenway Engineering Wample0pact Statement DRAINAGE Currently, the runoff from approximately 19.4 acres of the 20.0 acre site drains toward Route 11. This runoff then crosses Route 11 through one of three existing culverts, and travels either northward to Clearbrook Run, or southward to an intermittent stream. The runoff from the remaining 0.6 acres on the site flows Northeast onto the adjoining property and into Clearbrook Run. The following calculations estimate the current and proposed storm water runoff for a ten-year flow: Existin Proposed C = 0.2 C = 0.8 Iio = 5.9 in/hr Iio = 5.9 in/hr A = 20.00 acres A = 20.00 acres Qio = 23.6 cfs Qio = 94.4 cfs Development of the subject site at maximum buildout will therefore result in an increased runoff of 70.8 cfs. A detailed stormwater evaluation shall be included with any site plan submittals. When development of the site requires it, a detention pond will be built which will manage the rate of storm water discharge into these referenced streams. By controlling stormwater flow off of the site in this way, the impact of developing the subject property on these two streams will be within acceptable limits. SOLID WASTE DISPOSAL Using Fairfax County design requirements, the following calculations were made to estimate the maximum impact of solid waste generated on the proffered site. B-2 waste generation rate - retail = 11,440 lbs 1000 sf/yr total solid waste = 228,600 sf x 11,440 lbs 1000 sf/yr = 2,615,000 lbs/yr compaction = 380 lbs/cy total volume = 2,615,000 lbs/yr 380 lbs/cy = 6,880 cy/yr 6 Greenway Engineering • Wample4pact Statement waste generation rate - mobile home sales = 12 cy/wk* total solid waste = 624 cy/yr *Based on waste generation at Mr. Wampler's existing mobile home dealership. Therefore, the solid waste generated by the proffered site should not exceed 7,504 cubic yards annually. HISTORIC SITES AND STRUCTURES The L. O. Dick house, identified as a historic structure by the Rural Landmarks Survey Report for Frederick County, is on an adjoining parcel northeast of the subject site. The Dick house is also listed as being "potentially significant" by said survey. There are 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 4. OTHER IMPACTS No additional impacts are forseen by the development of the subject property at the proffered density. MAP 7e•07'30- 2.11o.000 FT Joins Map9 ie. 06'p0- 2, 12U.LW 1I 14 A B C U E F G N JI K 1 2 8 0 4 Cl) 67 4 1 - rM�„f u Branson 668� 671 661 `4q a S ring 671 � Turkey � 4 G �o / Spring o � APPLE VIE ESTATES J Ile ti ORCHAR o�f CHA ESTS E ---�y�p AVELANDe ---r��-tee- weL �; -- - ---- w ,gyp Exit-321 =I ARBRO- K lITf-- lh ewuuow_ � �oN ro MAN fl` nq soo jt Hopewell Meetloghouse r Washinglo \r' Sprinb, - 66 OW lQ Clra 7- urhrook Brook Ilk,, MAT 1 Cle° rook, Clearbroo '1 o�.�\ 665 � Jj Z ---- - -- -- - - -� i - Balltields ;-- �� 4 w I (� ; - Bual Rraluls — h ,rr \ �I► ew lunewal Clubhouse Fishing IKEYlO �) �C i` -- \ - Picnicking / PlaTgn,u i ` rr' ory ,/ 1 WESTVIEW ES vrrw IES �rY` �, a W�yr MONfIAeo t_u n ,i redncA Co Falrgruuods 83 VA Welcome Cu— a _- — 4 -- ----------- -.._ WRI HTS SPHING IVI / MHP WS — millp E_uunanuel ephenson \ q STEPHE ;' SONNE 6 663 �}'� Q^ I E -1 P S 4 4r \ 61 \. i-j 4 837 pLp 4' ,s f -MARLES i ai I — 664 03 of � ex690ec231 meet 1 . o7NoER LAND ?� OF=D�Cr; sNat " �►ci ?� Off, T � o N N 0Ar rx.A. •- 1 ' e0 * O Ivi IL r oe N ; 4/►o sir TMOMASA.SHCo=r p r : WX 3" MT. FALLS 17. I . wwaoam iZ,vAn&ci - A M 3t O d ro ~ Other LAW of Diet (7 ka.t) o •ylsond b7 Beach Departs t a � , b �rRvrm m 20.000 WA .� CD S, A = ao 4c R-E -re,4cr [ems Apr KA te- Z 1 A PRo V E,D SEwR� pis OS A L. W �+ w �i , HAS NOT- BEf N e U LU AV-P. i o 5Ew A6•E Dst'bSAL RM•) t f4AS C" Ae r ¢66 N fE Q n!-. C,+s (mu a. og�;gk, L-ruZAL AP?RVM Tm u FREDERICK COUNTY S 00001_ BOARD APPENDIX 2 AUG- 6-98 THU 16:22 FREDERICK COUNTY 1 5406790682 t ' -------------------------------------------- _ --Net OUTPUT MODULE Credit for Fiscal Takes to Capital Impact Capital Net Qub ck5h 101AW Fire Department $191 $1,467 $0 Rescue Department $714 Elementary Schools $0 Middle Schools $0 $535,395 $0 High Schools $0 Parks and Recreation $,Q S31 825 TOTAL $906 $8,011,521 $558.887 $0 FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions $2,183.71 NOTES: Model Run Date 08/06M EAW P.I.N. 33-A-1640 Rezoning: Ass+xrr300,Oc i�3t.��.reta�n 20 acres zoned B3. Due to changing conditions associated with development In the County, the results of this Output Mcdule may not be valid beyond a period of 90 days from the model run date. APPENDIX 4 1 P . 0 1 JUL-20-98 MON 16:54 FREDERICK COUNTY 1 5406780682 ----------------------------•-------- OUTPUT MODULE - � ---------------------- -�Mw^�-^- Net ---------� Credit for Fiscal Taxes to Capital Impact Capital Net C051s cadu Costs Impac Fire Department $12 $147 s0 Rescue Department S72 Elementary Schools s0 Middle Schools $0 $21,007 $0 High Schools s0 Parks and Recreation iQ S4 TOTAL. $84 $305,298 $22,403 $0 ---------------------------------------------------------------------------------------- FIRE AND RESCUE ADDENDUM New Capital Costs Not $1, 96.43 Covered by County Contributions --------------------------------------------------------------------------------------- NOTES: Model Run Date 07/20/98 EAW P.I.N. 33-A-164D Rezoning: Assumes 18,848 sq.fl. of office on 1 acre of 12.5 acres zoned 63, Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. APPENDIX 4 2 P.02 T A X R E C E I P T - Y E•R COUNTY OF FREDERICK C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 1998 RE TAXES 20.00 ACRES 33 A Acres: 19989 8 T' ket #:00325980001 5104/1998 ister: LBX/XJ Trans. #: 01031 ACCT## R3137801 Previous Principal 164D Balance $ 354.00 20.00 Principal Being Paid 354.00 Land: 120000 Imp: 0 Penalty .00 Interest .00 WAMPLER, JACK K. SR. Amount Paid 354.00 *Balance Due 2648 MARTINSBURG PIKE as of 5/04/1998$ .00 STEPHENSON, VA 22656 y1708 ANYdBUANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) Frederick County Treasurer's Office 107 North Kent Street ( Physical Address ) Important Dates Jan. 2 Motor Vehicle Decals go on sale Jan. 31 Dog Tags are due Feb. 15 Motor Vehicle Decals are due Mar. 1 Business Equipment/License must be*ed with the Commissioner of the Reven Apr. 1 Business License must be paid to the the Treasurer's Office June 5 First half taxes due Personal Property Real Estate Sanitary District Street Lights Nov. 1 Dog tags go on sale Dec. 5 Second half taxes due Personal Property Real Estate Sanitary District Street Lights Other due dates as billed by the Comm. of Revenue Mailing Address C. William Orndoff, Jr. Treasurer P. O. Box 225 Winchester, Virginia 22604-0225 We are now located in the new building. Suite 100 Treasurer's Office Hours Monday thru Friday 8:30am to 5:00pm (extended hours will be offered prior to Feb. 15, June 5, and Dec. 5 for your convenience) For any questions pertaining to payments call the Treasurer's Office at (540) 665-5607 sirs6 areawa arm -11680FG228 T918 DM, mud* and dated this 12th day of August, 1991, by and botween KIMDERLY DICK RICRARD" (formerly Kimberly Lynn Dick), and JOHN FRANKLIN RICRARDSON, her husband, and CORA ZT-T DICK, Single, and RIMBERLY DICK RICRARDSOR (formerly Kimberly Lynn Dick), Executrix of the Estate of Robert L. Dick, parties of the first part, hereinafter called the Grantors, and JACK K. WAMPLER, SR, and POLLY J. WAMPLER, his wife, and JACK K. WAMPLER, JR. and PEGGY WAMPLER, his wife, parties of the second part, hereinafter called the Grantees. WITNESSETHk That in consideration of the sua of Son Dollars ($10.00) and other valuable considerations paid the Grantors by the Grantees on or before the delivery of this Deed, the receipt of all of which is hereby acknowledged, the Grantors hereby grant and convey, with general warranty, an undivided one-half (1/2) interest unto Jack K. Wampler, Sr. and Polly J, Wamplar, his wife, in fee simple, jointly, as tenants by the *ntirsties with the cosson law right of survivorship, and an undivided one-half (1/2) interest unto Jack R. Wampler, Jr, and Peggy Wampler, his wife, in fee simple, jointly, as tenants by the entireties with the camsoia law right of survivorship, in the following described real *state, together with all rights of way, privileges and appurtenances thereto belonging and subject to all easements and legally enforceable restrictions of record affecting such realtyi All that certain tract of land situate about six (6) miles northwest of Winchester, Virginia, on the West side of the State Route 11, in Stonewall Magisterial District, Frederick County, Virginia, containing 20.000 acres, as more particularly shown on that certain plat and survey of Thomas A. Shoekey, L.E., dated August 2, 1988, a Copy of which is attached hereto and by this reference made a part hereof; and being a portion of the tract originally said to Contain eighty -throe (s]) acres, more or less, which was conveyed to Lee 0. Dick by Deed from iilleh C. Hyde dated December 20, 1910, and I recorded in the Office of the Clerk of the Cir- cuit Court of Frederick County, Virginia, in Deed Book 161, at Page 93. She said Lee O. Dick died (11 0 0 6 0 :i 4D eeL. arse. am& errs a open" ' true► owft� r ' 9K 6 9 0 PG February 20, 1951, intestate, Ugivvd by his children, Virginia Lee Gooden and Robert L. Dick, and his wife, Clara Ellen Dick, who died July 10, 1981, who vice his sole heirs at law and next of kin. The t--6-.cy (20) acres herein conveyed is a portion of � _eenty-seven (27) acre parcel from the origir. _-act conveyed to Lee O. Dick, and the one-hal- (1;'2) interest of Virginia Lee Gooden in said twenty-seven (27) acre tract was conveyed to Robert L. Dick, Kir+berly Lynn Dick, and Cora Ellen Dick by Deed dated September 10, 1985, and recorded in the aforesaid Clark's Office in Deed Book 601, at Page 37. The said Robert L. Dick died on May 30, 1987 and by hiw Last Will and Testament recc di' in the aforesaid Clerk's Office in Will Book , at Page he devised his interest in se property to R'Iiaberly Lynn Dick, being one and the same as Kimberly Dick Richardson, a Grantor herein. Together with an easement ten (10) feet in width over the remaining land of the Grantors from the twenty (20) acre tract herein conveyed to the Grantees to the creek located on the remaining property of the Grantors for the purpose of installation and maintenance of a sever line by the Grantee to serve the twenty (20) acre tract herein conveyed, said easement to run from an iron Pin set (I.P.S.) just north of the barn on the property herein conveyed, as shown on the attached plat, thence in a northernly direction in a straight line to a point on the creek sixty (60) feet aoath- east of the boundary line between the Pennsylvania Railroad right of way and the property retained by Grantors. The Grantors covenant that they have the right to convey the within described propertyi that the same is free from all liww and eac=mbrances except as say be hersinabove set forth; and that they trill forever warrant and defend the title thereto. - WTTKM the following signatures and seals, 2 ex690rGZ30 X ERI.Y D CX C}{A D Executrix of the Estate of Robert L. Dick InT: OF PIRalm, AT Lkx= 1 CITi Or NIxCNESTERt, To -vita 1 r The forsyoing instrument was acknowledged before me this _ ff day of Anquet, 1981, by LIJZtnLY DICK RXCEARDSOM, i Individually and as rxecatrix of the Estate of Robert L. Dick, and JOEN rRA1nmry RICILAMON. ,, � R7 Commission expires ^•� 14 NOTARY PUBLIC I 411I STATE or VIR62xIA, AT LARGE CITI or wINCEESTER, To -wits The foregoing instrument was acknowledged before me this day of August, 1988, by CORA RDL Lx DICR. .�; .. i• rry commission expire , 4 ►R tl t�•1.�; 1to NOTA Y PUB mill -- C Y 1` ..1 t CI �J SIG 90PG131 01-HER LAND OFL 01 CK,,,a�st tT AC. 0 fn f s� O y V 3 � 0 f 0 04 r- O lD = e ► 20.000 AC uFREDERICK COUNTY SCHOOL BOARD • o No 0 TM WA.S A. UK)=f pox 3" MT, /ALU IT. WT4093M VA n6M Other lane of Diet (7 Act) 3 approved a7 ReLith Departa•at ,We- ' A PRo V EP 5EWA6 pis os A L W >•TE - N� S NOT BEf N ULUfi7fD• C'56 Lo AFrE PsusALv�s TeD, C�wS ,(,d 7 ¢EE iV APE cQ 96,- gIGv1.7uP—A L. Az-rsorca -*lb'" m yn r A COUNTY of FREDERICK Department of Planning and Development 540/665-565Y FAX: 540/ 678-0682 August 26, 1998 Greenway Engineering Attn: Ralph Beeman 151 Windy Hill Lane Winchester, VA 22602 RE: Capital Facilities Impact Model Run for P.I.N. 33-A-164D. Dear Ralph: Please find attached information regarding the fiscal impact model run for the referenced property as requested in your letter dated August 13, 1998. The model runs represents a proposal to rezone a 20 acre site to establish 10.7 acres of B-2, Business General District, and 9.3 acres of B-3, Industrial Transition District. No development square footage was proffered for this rezoning proposal; therefore, the maximum development square footage was utilized for the 10.7 acres of B-2, Business General District. I did, however, limit the amount of office square footage on the proposed 9.3 acres of B-3, Industrial Transition District as the proffered uses would limit the maximum development square footage on this portion of the property. As we discussed previously, the negative net fiscal impact for Fire and Rescue Services is demonstrated within the block entitled "Fire and Rescue Addendum". I would recommend that you review the language within the proffer statement to ensure that it is consistent with your rezoning application proposal. The proffer statement refers to the rezoning of 20 acres from RA, Rural Areas District to B3, Industrial Transition District. Please be advised that Section 15.1 of the Code of Virginia was recently recodified; therefore the section that needs to be referenced in your proffer statement is Section 15.2-2296 et seq. I hope the information in this letter is of assistance. Please do not hesitate to contact me if I may answer any questions regarding this information. Sincerely, Evan A. Wyatt, Der y Director Attachment U:\Evan\Common\CORRESP\bccman.itr.wpd 107 North Rent Street • Winchester, Virginia 2260I-5000 --------•--------------------------------------------------------------------- OUTPUT MODULE Net ------------------ Credit for ' Fiscal Taxes to Capital Impact Capital Net • -Costs Credit C 3115 Impact Fire Department $174 $1,314 $0 Rescue Department $640 Elementary Schools $0 Middle Schools $0 $436,341 $0 High Schools $0 Parks and Recreation $Q $25.937 U0 TOTAL $814 $6,516,123 $463,593 $0 FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions $1,963.55 NOTES: Model Run Date 08/25/98 EAW P.I.N. 33-A-164D Rezoning: Assumes 228,563 sq.ft. of retail on 10.7 acres zoned B2. Assumes 18,848 sq.ft. office on 9.3 acres zoned B3. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. /J!N %�P7 Founded in 1971 151 Windy I lilt Lane Winchester, Virginia 22602 August 13, 1998 • To: Evan Wyatt Director of Planning Frederick County Planning Department From: Ralph Beeman Greenway Engineering Re: Wampler rezoning Evan: • Here are the materials you requested for documenting our rezoning proposal. I have enclosed a copy of the application, proffer, and concept drawing. Thank you in advance for running this impact model. Sincerely, G� Ralph Beeman Greenway Engineering Enclosures Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 DEPT. or AND .4 REZONING REQUEST PROFFER PROPERTY IDENTIFICATION NUMBER 33-((A))-164D JACK K. WAMPLER, SR., et als Pursuant to Section 15.1 - 49 1. 1 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 20.00 acres from the Rural Areas (RA) Zoning District to the Industrial Transition (B3) 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. 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 conditions proffered are as follows: AREA ZONED B-3 - 9.3 ACRES The following proffers shall only to that portion of the property zoned "B-3". 1. BUFFER There shall be a 50' inactive buffer along the adjoining boundary with parcel no. 44-((A))-82, the property known as Stonewall Elementary School. Said buffer shall be binding as long as a public school is operational on this parcel. 2. 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 3. LANDSCAPING AND UNIT DISPLAY All mobile homes and model homes in the row nearest U.S. Route 11 shall face said road, and shall have grassed lawns with at least two shrubs or trees planted per home. _ 4. PROHIBITED USES All other uses shall be prohibited on the portion of the subject site zoned "B-3". p !L �F"�74; ENTIRE PARCEL The following proffers shall apply to the entire 20.00 acre parcel: 5. INGRESSIEGRESS The subject property shall have no more than three entrances on U.S. Route 11. These entrances will provide signage, turnlanes, widening and signalization as warranted and required by the Virginia Department of Transportation. 6. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT The undersigned owners of the above -described property hereby voluntarily proffer that in the event the subject property, parcel no. 33-((A))-164D, containing approximately 20.00 acres, is approved for rezoning from Rural Areas (RA) zoning district to Industrial Transition (B-3) zoning district, 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 one thousand six hundred sixty-five dollars ($1,665.00) 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 applicant and 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: Jack K. Wampler, Sr. Jack K. Wampler, Jr. Commonwealth of Virginia City/County of Polly J. Wampler Peggy Wampler To Wit: The foregoing instrument was acknowledged before me this day of , 1998 by My Commission Expires Notary Public r01 -16 r'- *'ro ,� '11 i �l e • 0 § 165-82 FREDERICK COUNTY CODE Allowed Uses Veterinary services Landscape and horticultural services Offices and storage facilities for building construction contractors, heavy construction contractors and special trade contractors Commercial printing Local and suburban transit and interurban highway passenger transportation Motor freight transportation and warehousing Transportation by air Transportation services Communication facilities and offices, including telephone, telegraph, radio, television and other communications Electric, gas and other utility facilities and offices and trucking and warehousing, excluding the following: Sanitary services Building materials, hardware, garden supply, mobile home dealers and retail nurseries Automotive dealers and gasoline service stations Wholesale trade businesses Laundry, dry-cleaning and garment services, excluding the following: Coin -operated laundries - 16618 § 165-82 Standard Industrial Classification (SIC) 074 078 15, 16 and 17 275 41 42 45 47 48 49 495 52 55 721 7215 6-10-98 f N 40 0 § 165-82 ZONING Allowed Uses Business services Automotive repair, services and parking Miscellaneous repair services Drive-in motion picture theaters Amusement and recreation services operated indoors Self-service storage facilities Vocational schools Business associations Professional membership organizations Labor unions and similar labor organizations Engineering, accounting, research, management and related services General business offices Model home sales office Accessory retailing Public buildings Public utility distribution facilities Business signs Directional signs Building entrance signs Residential uses which are accessory to allowed business uses Parks Flex -Tech [Added 2-11-19981 16619 § 165-82 Standard Industrial Classification (SIC) 73 75 76 op 79 824 861 862 863 87 6-10-98 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 l I rIFIrMIONI OF PUBLIC ;-IsARHNIG July 21, 1999 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OF JACK K. WANDLER FOR AMENDMENT TO PROFFER, REZONING #015-98 On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on August 4, 1999, at 7:00 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider a proposal to rezone 0.69 acres of a 20-acre parcel from B3 (Industrial Transition) District to RA (Rural Areas) District, and to amend the proffers associated with this property which were adopted by the Board of Supervisors on December 9, 1998 for Rezoning #015-98 of Jack K. Wampler. This property is located on the west side of Martinsburg Pike (Route 11) approximately 0.5 miles south of the intersection with Hopewell Road (Route 672) and is identified with Property Identification Number 33-A-164D in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this hearing. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Evan A. Wyatt Deputy Director EAW/ch O:\Agendas\ADJOINER\W ampler.REZ 107 North Kent Street - Winchester, Virginia 22601-5000 This s to certify that the attached correspondence was mailed to the following on Azfrom the Department ofPlanning and Development, Frederick County, Vi ia/ 33 - A- - 164-D WAMPLER, JACK K SR & JACK K JR PIA WAMPLER'S MOBILE HOMES 2648 MARTINSBURG PIKE STEPHENSON, VA 22656.1708 44 - A- - 82- STONEWALL SCHOOL HOUSE PO BOX 3500 WINCHESTER, VA 22604.2546 44 - A- - 97- CEDAR LAND COMPANY, LC PO BOX 219 CLEARBROOK, VA 22624-0219 33 - A- - 164-E RICHARDSON, KIMBERLY DICK & JOHN FRANKLIN 106 COTSWOLD CT STEPHENS CITY, VA 22655.3403 33 - A- - 164- FISH, RAYMOND L & IRIS JOY 174 WARM SPRINGS RD WINCHESTER, VA 22603.2716 Mr. Mark D. Smith Greenway Engineering 151 Windy Hill ]Lane Winchester, VA 22602 &"tc� Q , "'4-C Evan A. Wyatt, De' 6ty Director Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I,&+h 1'1 Hal) a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated � • r3) , Q of , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of ju)(� . M 9 My commission expires on Qru 0(J� N TARY PUBLIC 9 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 iNICAMCDOVICANI OF PUBLIC HEARING November 24, 1998 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #015-98 OF JACK K. WAMPLER On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing on December 9, 1998 at 7:15 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning #015-98 of Jack K. Wampler, submitted by Greenway Engineering, to rezone 9.30 acres from RA (Rural Areas) to B3 (Industrial Transition), and 10.70 acres from RA (Rural Areas) to B2 (Business General). This property is located on the west side of Martinsburg Pike (Rt. 11) about 0.5 mile south of the intersection with Hopewell Road (Rt. 672), and is identified with Property Identification Number 33-A-164D in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Evan A. Wyatt Deputy Director EAW/cc 107 North Kent Street - Winchester, Virginia 22601-5000 C� • This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick Cou ty, Virginia: 33 - A- - 164-D 33 - A- - 164- WAMPLER, JACK K. SR. FISH, RAYMOND L & IRIS JOY 2648 MARTINSBURG PIKE 174 WARM SPRINGS RD STEPHENSON, VA 22656-1708 WINCHESTER, VA 22603.2716 44 - A- - 82- STONEWALL SCHOOL HOUSE PO BOX 3508 WINCHESTER, VA 22604.2546 44 - A- - 97- CEDAR LAND COMPANY, LC PO BOX 219 CLEARBROOK, VA 22624.0219 33 - A- - 164-E RICHARDSON, KIMBERLY DICK & JOHN FRANKLIN 106 COTSWOLD CT STEPHENS CITY, VA 22655.3403 STATE OF VIRGINIA COUNTY OF FREDERICK Mr. Mark D. Smith Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 C l� Evan A. Wyatt, De ty Director Frederick Co. Planning Dept. I, P)eth Gnn �AQ' I , a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Deputy Director, for the Dep ent of Planning and Development, whose name is signed to the foregoing, dated I I. o7Li 98 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this ail day of nDv'Pm { c- ncis i My commission expires on R-bnjan a B. I qq q ,--- L4-Li-�,u NOTARY PUBLIC 40 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 678-0682 iN1Cif " r.XfIOkI OF PUBLIC ;- SARIPlr October 21, 1998 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #015-98 OF JACK K. WAMPLER On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing on November 4, 1998 at 7:00 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning #015-98 of Jack K. Wampler, submitted by Greenway Engineering, to rezone 9.30 acres from RA (Rural Areas) to B3 (Industrial Transition), and 10.70 acres from RA (Rural Areas) to B2 (Business General). This property is located on the west side of Martinsburg Pike (Rt. 11) about 0.5 mile south of the intersection with Hopewell Road (Rt. 672), and is identified with Property Identification Number 33-A-164D in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, V-O � � Evan A. Wyatt Deputy Director EAW/cc 107 North Kent Street - Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on /Q - C2 / - %'F from the Department of Planning and Development, Frederick County, Virginia: 33 - A- - 164-D Mr. Mark D. Smith WAMPLER, JACK K. SR. Greenway Engineering 2640 MARTINSBURG PIKE 151 Windy Hill Lane STEPHENSON, VA 22656.1708 Winchester, VA 22602 33 - A- - 164- FISH, RAYMOND L & IRIS JOY 174 WARM SPRINGS RD WINCHESTER, VA 22603.2716 33 - A- - 164-E RICHARDSON, KIMBERLY DICK & JOHN FRANKLIN 106 COTSiAi0LD CT STEPHEAI`; CITY, VA 22655-3403 STATE OF VIRGINIA COUNTY OF FREDERICK 44 - A- - 82. STONEWALL SCHOOL HOUSE PO BOX 3508 WINCHESTER, VA 22604.2546 44 - A- - 97- CEDAR LAND COMPANY, LC PO BOX 219 CLEARBROOK, VA 2.2624.0219 Evan A. yatt, De ty Director Frederick Co. Planning Dept. I, E K-AI ) 1 11 )1 ) 1-" 1 1 , a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Deputy Director, for the Departq!;-' of Planning and Development, whose name is signed to the foregoing, dated (D has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this ;�a day of Lj2ALbE�(. I I I F) My commission expires on i ARY PUBLIC