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HomeMy WebLinkAbout007-04 William H. Lawrence III - Stonewall - 1.965 Acres - BackfileCASH C RECEIPTDate l l � 0 Q 3J� C,, f -- - Received From GU.� �� a4ddress �1Llth._ C2ia a vim. �l' \( Q Z. a dE a -� C1 4 � U Dollars s For Vr oc7Im i U 2 n U ACCOUNT HOW• AMT. OF O Q. ACCOUNT CASH wAMT PAID 11 1 V a CHECK ^ BALANCE MONEY ORDER ❑ B-l� �• DUE CREDIT CARD ❑ • Date t) ld c, L 003996 o _ rz r Received From C ' _ Address ��''3 I st /Iv 1 ' °Ca °'� w w �ii.l. nl�R 1� �! �,0 Dollars $ l L4 8 a 0> c>L , d w� For �^ j°� 0Wo 0 0 Z = � U Z o Z U Z 0 z ACCOUNT• W 4 AMT OF ACCOUNT CASH AMT PAID 11 'X CHECK In W 1¢L B�/ BALANCE MONEY ORDER ❑ DUE CREDIT CARD❑ REZONING TRACKING SfEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner Lost -' Fee & Sign Deposit Deed - Plat/Survey Taxes Paid Statement Impact Model Run DATE ( Application received/file opened / Reference manual updated/number assigned �{ D-base updated co Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing One 8`/2" x I I" black and white location map ordered from Mapping G ' 14.0 6/ File given to office manager to update Application Action Summary/ o PC public hearing date ACTION: ( 0 BOS public hearing date ACTION: Signed copy of resolution for amendment of ordinance, with conditions proffered --- [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) Action letter mailed to applicant Reference manual and D-base updated File given to office manager to update Application Action Summary (final action) File given to Mapping/GIS to update zoning map Zoning map amended /q U \CarohCommmwacking re Revised 05/09/02 RE -ZONING APPLICATION 1,ra ROUE 672 J^� ~ �► �"` '� 0Lly B R A fr'° . r�► F' ROUTE 672 oft I CLEA BROOK PRESBYTE IAN CHURCH ~ a 1 µ CLEARBR00K PARK 1 n LAWRENCE - CLEARBROOK DUNE, 2003 Prepared By: gilbert w. clifford & associates a division of Patton, Harris, Rust & Associates, pc i 117 E. Picodilly SL Winchester, Yrginia 22601 VOICE: (540) 667-2139 FAX: (59) 665-0493 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff ISE�? J� Fee Amount Paid Zoning Amendment Number Date Received PC Hearing Date BOS Hearing Date 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: Gilbert W. Clifford & Associates Telephone: 667-2139 Address: c% Chuck Maddox 117 E. Piccadilly Street, Suite 200 Winchester Virginia 22601 2. Property Owner (if different than above) Name: William H. Lawrence, III Telephone: 667-7646 Address: P.O. Box 8 Clearbrook, VA 22624 3. Contact person if other than above Name: Chuck Maddox Telephone: 667-2139 4. Checklist: Check the following items that have been included with this application. Location Map Agency Comments Plat Fees Deed of property Impact Analysis Statement Verification of taxes paid Proffer Statement 1 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please, list below all owners or parties in interest of the land to be rezoned: William H. Lawrence, III 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER USE Woolen Shop Commercial ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). South and adjacent to Clearbrook Presbyterian Church on the east side of U. S Route 11, surrounded to the east and south by Clearbrook Park 2 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 33-A-162 Magisterial: Fire Service: Rescue Service: Stonewall Clearbrook Clearbrook Districts High School: Middle School: Elementary School: James Wood James Wood Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning 7Z-oning Requested 1.965 RA B-2 1.965 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home Townhome Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Sauare Footaee of Proposed Uses Office Service Station Retail Manufacturing Restaurant Warehouse Other 3 U. Signature: I (we), the undemigned, 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. 1 (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 plaucd at the front property Iine 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) knowledee. Applicant(s) Owner(s) Date3 Date Date �' y Date U Lawrence Rezoning Tax ID # Name Address Zoninii Use 33-A-158 Clearbrook Presbyterian Church C/o Bobby F. Lamma, Stephenson, VA 22656 RA Religious 33-A-159 Allen B. Jobe, et als 2719 Brucetown Road, Clearbrook, VA 22624 RA Residential 33-A-162B County of Frederick 107 N. Kent Street, Winchester, VA 22601 RA Clearbrook Park 33-A-163 Third Generation L.P. 1701 Fall Hill Ave., Fredericksburg, VA 22401 B-2 Convenience & Restaurant 33-A-164B HMC LP, LLP 920 Hopewell Road, Clearbrook, VA 22624 RA Vacant 1 it � I � I REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H. Lawrence, III 3416 Martinsburg Pike Clearbrook, Virginia ' Preliminary Matters Pursuant to Section 15.2-2296 ete . Sete.. of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned ' applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 1.965 acres from the present RA to B-2. Development of the subject property shall be done in conformity with the terms and ' conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then ' these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. ' General Development Plan The Generalized Development Plan (GDP) attached to this proffer shows current uses only, an end ' user has not been identified at the time of rezoning. The GDP shows the location of site improvements proffered by the applicant that will be applicable to all future uses. These improvements are identified by numeric labels on the GDP that correspond with associated proffer ' text. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffer that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 1.965 acre ' tract near Clearbrook, Virginia in the Stonewall Magisterial District of Frederick County, Virginia from existing RA to B-2 the undersigned will pay to Frederick County, at the time a building permit is issued for the first future use, a lump sum payment of two thousand dollars ($2,000.00) for Fire and Rescue Company and two thousand dollars ($2,000.00) for Sheriffs Office. ' Prohibited Uses on This Site ' In reviewing the types of use allowed in the B-2 zone, the owner has determined certain classes of uses are inconsistent with good planning on this site. ' The undersigned owner shall voluntarily prohibit the following uses from existing on the subject properties: ' SIC 55 Automotive dealers and gasoline service stations mchx1ing trick stop facility SIC 721 Laundry, dry.-deaning and garment services SIC 7542 Carwash as a Primary Use 1 Page 1 of 3 Revised 6123/04 ' Revised 7/27/04 REZONING REQUEST PROFFER Property Identification Number 33M62 Stonewall Magisterial District William H. Lawrence, III SIC 7999 Golf Driving Range - - - - - - Self Service Storage Facilities (mini warehouse) - - - - - - Commercial Batting Cages Site Improvements (Refer to Figure 4 for General Locations - Applicable to All Future Usesl Site entrances on Routes 11 and 664 shall be limited to one on U.S. Route 11. (See 1) 2. A 20' roadside landscape buffer shall be provided including a low berm (2' height) with mixed ornamental plantings consistent with good sight line characteristics for highway entrances. (See 2) I A 10' landscaped buffer consisting of deciduous shrubs or trees shall be provided along the common boundary with the Clearbrook Park. (See, 3). 4. Low impact lighting sh-A be utilized. The conditions proffered above. shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick -County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER By: Date: 7 7 SIA E OF VIRGHITM AT LARGE `y.;;,'FREDERICK COUNTY, To -wit: - •i 'a The foregoing instrument was acknowledged before me this �q `day of 7 , 2004, by ' jM fa A= j A. H-n W & L-7'2 My co sio ices �' q Notary Public ' Page 2 of 3 Revised 6/23/04 Revised 7/27/04 srMBOI_s 0 POLE p SIGN �\ MANHOLE `/\ LO' MAILBOX s \ e LOCATED 09.ECT \ / 4 TRAFFIC POLE t,a nmawr p Route OLD B ST_ RTE- 672 p i fl Q • a Zoned:- I A p ' dUse: ReisidG tiaD earbrook Preabyteran Church ��JJ Zoned: A / Zoned: RA / J U•c Rdi N FT. I E i J D- J —P K 7 1 1 II 19P. - 7 AG r. 33-A 169 LST. / zVooTmwm-71-N Lp ® 0 7u.6.io Sa 1 !' Landscape ape r J r auFfer ' F J b N ' O rK _ a ,=J ` � 1 0 rity of Frederick 4.- _ ^� 33-A-162B ' ♦ _ A- Zoned: RA g J ! U z Clearhrook Park � V 35, Rom- 16 SANE M ®3 ,MLLE,R.L Ilea flick 23-A-164B J t Zoned: RA f Rem id i 1 WILLIAM H. LAWRENCE, III PROPER7Y 90bst w. Cori � #� fl fl r3i°> i T' fatten, f-farrfs, Rust & ksmka es, prr iir r fica� St der, ingirria �x>tij - r�c7J�IZ'X �LJ� u/R�INIA v '(S�t3j 'B&7-2139 f"X� (5�tlj DES-4�F93 Sheet 3 OF 3 r 540 667 9168 GRECORY F HUTCHINS GREGORY F HUTCHINSON 05 43 29 p m 07 19 2004 21,2 Presbyterian P;arisb of the Va I I eys 7152 Middle Road Middletown, VA 22645 540-869-2456 pvalleys@Shentel.net Dr: C. Richard Slider, n Parish Pastor June-1-2004 Clearbrook Woolen Shop P.O. Box 8 Clear Brook, VA 22624 Dear Mr. Lawrence: On behalf of the Session (the governing board) of the Clear $roam Presbyterian Church, we would like to thank you far meeting with us to explain the rezoning possibility you envision as you $ale your business. Your Concern for the weff tfe�ng of the Clear Brook community was certainly evident. We appreciate the neighborly relationship our church and your business h�ve had over the years. We do not object to laving the zoning status of the business area of Clear Brook changed to "B-2" which we understand"to be approval for right business. We believe this status could be of benefit for the community. Sincerely, C. Richard Slider, II Caroiine-Hickerson Senior -Pastor, Presbyterian Parish of the Valleys Clerk of Session, Clear Brook Presbyterian Church Addendum July 19, 2004 We agree that a screening is not necessary between the Church ,and the Woolen Shop prop y. C. Richard Slider, II Parish Pastor Impact Statement June 23, 2004 The Clearbrook Woolen Mill owned by Mr. William Lawrence and family has historically been involved with manufacturing, wholesaling and retailing woolen products since 1939. With the elimination of woolen manufacturing, the majority of the property was sold to Frederick County for use as the Clearbrook Park and approximately 1.965 acres were reserved for continuing commercial activities that began in 1946. It is now the owner's intention to bring the zoning of the property to be consistent with commercial nature of the property. Attached is a location map, Figure 1, and a site plat with topography, Figure 2. This site is shown on the Frederick County Comprehensive Policy Plan for business use. Figure 3 provides an insert look at the North East Land Use Plan and this location. Site characteristics are generally level with Clearbrook Run flowing along the ' southern boundary of the property. This stream valley includes wetlands and will be preserved by the county required riparian buffer. ' Figure 4 provides a generalized land use plan for the property. Site access will be restricted to one commercial entrance as shown on Figure 4 with alignment during site plan to meet VDOT and Frederick County requirements. It is anticipated that any change of the use of the property will require VDOT land ' use permit procedures which will involve edge widening of Route 11 and improvements as normally required by VDOT. The owner believes this site may change in use in the future however, no specific use is planned for this rezoning. Close review of the "allowed uses" in the B-2 zone has prompted the owner to voluntarily restrict certain uses on the site. The ' following uses shall not be proposed for use on the site: Golf driving range (SIC 7999) Self service storage facilities ' Commercial Batting Cages Adult retail uses under CUP. ' The owner has consistently cooperated with the Frederick County Sanitation Authority in providing easements and rights of ways as shown for the installation of regional water and sewer utilities. It is anticipated with the completion of the t Clearbrook water and sewer extensions connecting the northeast regional water plant and the sewer force main currently existing at the site that access for an existing or future commercial use capacity would be provided by the Frederick County Sanitation Authority. ' Site drainage can be easily handled by discharge release to the stream channel existing on site with appropriate storm water management design as required by ' the Frederick County Department of Public Works. P Solid waste will be transferred to the Frederick County Landfill facility by commercial carrier. The site has some historic importance as it exists along the Valley Pike (U.S. Route 11) and was used in a woolen goods producing activity for at least 65 years. There are no listed sites of historic importance on the site in the Frederick County register. Since the site will be devoted entirely to commercial purposes the impact model produced for this project exerts a positive economic impact on the Frederick County budget. It is not anticipated that this project will have any measurable impact on existing residential uses since the land use surrounding the site does not include a residential component. We appreciate Frederick County considering and approving this rezoning petition. Sincerely, GILBERT W. CLIFFORD & ASSOCIATES C. E. Maddox, Jr., P.E., Vice President ;. A • � •IfT ' � .r t a�'/�` wF'yC:,sls � .. ,y , ..e-8"�:"' 7a i�` � � ' . - Project _ t m Site ,� f N. ROB©` � s tr Z-.. - •�... ��w � 3ai 4.. i T4�. ..� a_•4 -�. - a '4*�7, 1jtT 1 k ,spy, +,.�' '� - E ✓ �! p� � '4 -�: r .: Y � ' WILLIAM H. LAWRENCE,, 111 PROPERTY gilbert w. clifford & associates \ a dmsion of LOCATION MAP Patton, Harris, Rust & Associates, pc ' 117 E. kadilly St. Winchester, Virginia 22601 FREDERICK COUNTY, WRGIN14 VOICE (W) 667-2139 FAX: (540) 665-0493 1 Figure 1 SYMBOLS 0 POLE C SIGN a MANHOLE MAILBOX • LOCATED OB.ECT f TRAMC POLE • FM HYDRANT s X �: 1 / o a Clearbrook Presbyter an Church S' 7 33-A-1 / Zoned: RA / Use: Reli o / i Z 4 V a p C.� I J lvzr x� Niue vntjAv N AI ID At 617 P. 137 .73-0-163 197 AG WT. I LVWXV ® O � TZ mcnArmr LA ! MI&V SII fT i Zara a-3 lJR Orw�mrbal / Q B �A . 672 OLD B ST a a a� Zoned- ' Usx RMeMenti�D —�_`- 0 a V r m Q duty of Frederick 33-A-162B Zoned: RA c CMorbrook Park N y WILLIAM H. LAWRENCE, III PROPERTY gilbert w. clifford & associates a division of o SITE PLAT Patton, Harris, Rust & Associates, pc 117 E. PicodBy St Winchester, Yuginio 22601 FREO£R/CK COUNTY, WRClNG4 VOICE (540) 667-2139 FAX: (540) 665-0493 I r figure u LEGEND Map Feature- MStudy Area Bounoary C3 Prapowd S W SA Rural (-xx" txwv cerrters Water Features Perennal Streams ► Wonc Features r r otxiseba t_ and Use Resdert al 9uuness lrxhnblal Rural Area Developrnenla V Senartrv+c Areas Roads ,^v Interstate Al Primary ► Powan Secondary Roads NRa dxnads Proposed Route 37 Extermion New Collector Roads New S"lizabon Zoninq — B2 (Bu+ne" General D atnct l B3 (InQusVwl lransMon Dmtnct; S EU (E Irtrace" Mram0ach"i0 DmVxlI M1 nndunrsal Lrgtill Dnt wl) W (Induatnd Goneral Drstw; tl*41 (Mobde Hoene Commur►Rtr) RA (Real Area) RP I R*%x* rbal Perrformarx v r Wr i" i Ourta>yt , r 1 WILLIAM H. LAWRENCE,, /// PROPERTY ` \ NORTHEAST LAND USE PLAN 0 0 fREDERICK COUNTY, VIRGINIA X rO41 gilbert w. clifford k associates a division of Patton, Harris, Rust do Associates, pc 117 E Ficod SL Winchester, Viryina 22601 VOICE: (540) 667-2139 FAIL (540) 665-0493 Figure 3 sn.�goLs I aeLF 0 SIGN O MANHOLE ♦ MAILBOX e LOCATED OBJECT ♦ TRAFFIC Pfhi a mZE HYMANT p • ROucc *, R.� 672 Vt" p Y j p e• Y J y�r / 4 r � r o � �` • �} 2an•� li - ltsc Rtlsdenti C1eor6radc Pzee6 YJutrth 33-A-15 fl Zoned: RA Uea R V6LfA 14 AC -� aetz 1m•S7 d En Prop. '� -- THAN 10" 9 mommrnr. Er. -. iaa3• Fr. 3 Lpndecnpr S my of Frederick 33-A-162B Z~ RA } Clmrhreglc Pak op.~ IWFI Al We 0 WILLEYVALL Dick - ° 33=A=164a Zoned: RA / Res id d !e o / 5 _ . WLL,fAU H. LAWRENCE, //1 PROPERTY gilbert w. cifford & associates a division of o GENERALIZED QEkiELr�PMENT PLAN Patton, Hems, Rust & Associates, pc O� * 117 E. Ficadilly R. Wmdiimter, Virginia 12WI FROEPIrlt- Counrnr WRAP voleE (50) 657-2134 FAX. (540) 665-�W3 Figure 4 935 j life'' Ali r'wA �`•f`j.. �.�„ ',. �r 51,E �� Z. 708: ^l � �� o 1 , - _ v , �3 s 1r -71 1 Z . t. c 1 0 RURAL LANDMARKS POTEN WLY NUMBER DESCRIPPON SIGNIR CVT 935 Clearbrook Feed & Seed Yes 7O6 Clearbrook Presbyterian Church Yes 1 WILLIAM H. L4WRENCE, /// PROPERTY gilbert w. Clifford & associates a a division of RURAL LANDMARK PLAN Patton, Harris, Rust & Associates, pc �O O 117 E. Picodilh St Winchester, Virginia 22601 FREDERICK COUNTY, VIRGINIA VOICE (540) 667-2139 FAX: (540) 665 0493 1 Figure 5 1 Special Limited Power of Attorney County of Frederick, Virginia 1 Frederick Planning Web Site: www.co.frederick.ya.us ' Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-65-63" Know All Men By Those Present: That I (We) 1 (Name) William H. Lawrence, III (Phone) 540-667-7646 (Address) P.O. Box 8, Clearbrook, VA 22624 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the 1 Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 647 on Page 157 and is described as 1 Parcel:162 Lot: Block: A Section:33 Subdivision: do hereby make, constitute and appoint: Gregory F. Hutchinson (540) 667-7646 OR 1 (Name)Patton Harris Rust & Associates, c/o Charles E. Maddox. Jr. (Phone)540-667-2139 ;Address) 117 E. Piccadilly Street, Winchester, VA 22601 1 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including ' X Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) 1 Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered ' conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or 1 modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day �,,EI 200 , Signature(s), fl 1 State of Virginia, City/of ^C�� To -wit: 1" . C� bn - a Notary Public in and for the jurisdiction ' aforesaid, certify that the person(s) who signed to the foregoing instrument persopally appeared before me and lacknowled ed the same before me in the jurisdiction aforesaid this �_day ofJClcf . 20Y./ . M Commission Ex ires. .31 ?00 1 y r � . otary Public May 25 04 08:27a FRED WINO SERV RUTHDRITY 540 722 1103 P.2 MaS 25 04 06:05a C•w- clifiord & assoc. 540-565-0493 Rezone¢o Comments Lawrence Frederick -Winchester Service Authority 17au12° Hand deriver to: Fred -Wine Scruiee Authonr Fred-Winc Service Authority Ann. Jesse W_ Moq,—M aecutiv'c DirP:tor Anw. Jesse W. Moffett P-0. Box 43 107 North Kent Street Winchester, VA 22604 Winchester, VA 22601 (540)722-3579 AppGcaaWPIr�ve fill out •the �nfoir:nab as posszblc., itz:'arcer to assisi.'.`.he :Department ofPubltc:.lUilorka th their ew-, AtEiehi,cdpynfy_onrag�liesuon iorm;iocafim6 �•�n-o�ee�statemea#; �aad ara��st�r pertineatiIafot�giiition.- Applicant's Name: Girt W. Clifford & Assoc Phone: (544)667-2139 Mailing Address: 06 C.T. Maddox Jr. P.£. VP i 7 E. PiccaNly Street Suite 2170 Winchester. VA 22601 Location of Property: Svutt, and adjacent to Ciearbrook Presbyterian Church'on the cart side ofU_S. Route 11, surrounded to the zast and sough by Clcarbroa Park. Current Zoning: RA Zoning Requested: B-2 Acreage: 1.965 f F�v1mcmScr`Ic��iuthority`s Comments; Fred -Wine Service Signature & Date:_ Notice to Fn S Service Authority — -ase Return This -Form to the Applicant 23 P -? Page 1 of 2 Thomas W. Price From: Chris Mohn [Cmohn@co.frederick.va.us] Sent: Thursday, May 20, 2004 5:31 PM To: Thomas W. Price Cc: Copp, Jerry; Ingram, Lloyd Subject: Lawrence Rezoning - Preliminary Comments Tom, I have reviewed the subject rezoning proposal, which seeks to rezone 1.965 acres from RA (Rural Areas) to B2 (Business General). The property is located east of Martinsburg Pike (Route 11 North) and south of the Clearbrook Presbyterian Church property, approximately 150 feet south of the intersection of Martinsburg Pike and Brucetown Road (Route 672), in the Stonewall Magisterial District. The property is further bounded by Clearbrook Park to the east and south. The property is identified by PIN 33-A-162. The subject property is located wholly within the Sewer and Water Service Area (SWSA), and is included within the boundaries of the Northeast Land Use Plan (NELUP). The NELUP does not expressly identify a planned land use for the subject parcel, although commercial and office uses are generally supported along the Route 11 North corridor if compatible with surrounding land uses. Therefore, particular attention is necessary to ensure that prospective commercial sites are properly designed when adjoined by residential, public, and/or institutional land uses. It is noted that the subject site is adjacent to both a church and public park. (Comprehensive Policy Plan, p. 6-38, 6-38.2) The following preliminary comments are offered to assist in the finalization of this rezoning petition: Access Mana eg, ment The preliminary application materials propose two (2) entrances to the site from Martinsburg Pike. It is recommended that the site be limited to one (1) entrance to minimize conflict points for traffic along this section of Martinsburg Pike. This issue is especially significant given the multiple access points used by the existing commercial use located on the opposite side of the road from the subject site. Moreover, limiting access to a single entrance would conform with the transportation policies of the Northeast Land Use Plan, which encourage minimizing new driveways and access points on Martinsburg Pike to reduce traffic disruptions. (Comprehensive Policy Plan, p. 6-38.2) Landscaped Buffer It is recommended that a detail of the proffered 20-foot landscaped buffer be provided to guide future implementation activities. Adjoining Properties/Land Use Compatibility As noted above, the subject site is adjacent to both a church and public park. Pursuant to Section 165-37 of the Zoning Ordinance, a zoning district buffer is not required on B2 zoned land that is located adjacent to RA zoned land unless the RA property is used residentially. A buffer will therefore not be required on the subject site against either the church or public park. To ensure conformance with the compatibility policies of the NELUP, the provision of a heavily landscaped buffer with berm adjacent to the church and park properties would arguably be appropriate. Should the applicant decide to address compatibility via such boundary treatments, it is recommended that a detail or cross-section of any planned buffer areas and/or screening be included with the 5/21 /2004 Page 2 of 2 application. ' Martinsburg Pike (Route 1 I North) 'It is noted that the proposed rezoning does not provide for any improvements to Martinsburg Pike. In particular, the application does not include a turn/taper lane on the northbound side of the roadway to facilitate safe and efficient site access. Moreover, the NELUP envisions the expansion of Martinsburg Pike to a four - lane roadway, the realization of which may require additional right-of-way along the corridor. It is recommended that the applicant consult with the VDOT Edinburg Residency concerning the adequacy of the existing right-of-way along this segment of Martinsburg Pike. (Comprehensive Policy Plan, p. 6-38.2) Please do not hesitate to contact me should you have questions or concerns regarding this correspondence. 'Sincerely, Chris 'Christopher M. Mohn, AICP Deputy Planning Director County of Frederick, Virginia '107 North Kent Street Winchester, VA 22601 540.665.5651 (voice) t540.665.6395 (fax) cmohn@co.frederick.va.us n 1 5/21/2004 COUNTY of FREDERICK Department of Planning, and Development 540/665-5651 FAX: 540/ 665-6395 April 29, 2004 Mr. Chuck Maddox Gilbert W. Clifford & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Lawrence Rezoning The Old Woolen Shop on Martinsburg Pike Zoning District: RA (Rural Areas) Dear Mr. Maddox: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of April 20, 2004. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report as well as information given by the applicant. Historic Resources Advisory Board Concerns The subject parcel currently contains the Old Woolen Shop and although it is not listed in the Rural Landmarks Survey Report (due to not being part of the time frame that the Survey covered), it is a significant part of the landscape and it is adjacent to the Clearbrook Presbyterian Church (#34-708) which is listed as potentially significant. The origin of the Woolen Shop building is not completely known, however, it has been part of the community since the 1930's. The HRAB recognizes that this structure is an historic and significant piece of the Martinsburg Pike ' corridor. If this property is developed for commercial use, the HRAB suggests the following be considered to mitigate impacts on historic resources: ' Existing Structures: The existing buildings on the site should be incorporated into the development proposal instead of demolishing it to build a new commercial building. ' Screening: The new commercial use should be screened from the adjacent church; the use of a dense vegetative screen should be considered. 1 107 North Kent Street • Winchester, Virginia 22601-5000 ' Mr. Chuck Maddox Re: Lawrence Rezoning April 29, 2004 Page 2 ' BuildingFacade: If a new building is constructed on the site it should complement the surrounding g � p g ' historic properties. The HRAB suggests the applicant consider using materials that are similar to what is found on the existing building. Commercial Use: Very few uses have been proffered out for this proposal. Consideration should ' be taken to identify more uses that would not be appropriate for this site based on its location to and the adjacent historic properties. In addition, the new use of the building should not put any ' hardships on the adjacent church. Building Location: If the existing structure is removed from the property, consider moving the ' new building forward and place the parking at the rear of the property. Also consider the possibility of not using a berm at the front of the property in the 20' landscape easement along Martinsburg Pike. ' Historic Marker: If the intent is to remove the structure from the property, an historic marker with a photograph of the original building should be placed on the property. ' Please contact me with any questions concerning these comments from the HRAB. ' Sincerely, ' Candice E. Mills Planner I CEM/bad ' cc: Bessie Solenberger, HRAB Chairperson Lynda Tyler, Stonewall District Supervisor ' Chris Mohn, Deputy Director Phoebe Kilby, Sympoetica E'1VED Rezoning Comments Lawrence -: Frederick County Inspections Mail to: Hand deliver to: Frederick County Inspections Dept. Frederick County Inspections Dept. 107 N. Kent Street Co. Administration Bldg., 4v' Floor Winchester, VA 22601 107 N. Kent Street (540) 665-5651 Winchester, VA 22601 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: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. Route 11, surrounded to the east and south by Clearbrook Park. ICurrent Zoning: RA I Zoning Requested: B-2 Acreage: 1.965 Inspection Department's Comments _ d CO✓�l/N �i�/ �r�l R D A 7- �20/S L 4 CLAM E&Z 44 i _ 22EE of- 222L Signature & Date: NoWto Inspections Dept. — Pose Return 'Phis Fbrm to the Applicant 1� ,�, v 24 Rezoning Comments Lawrence Frederick County Department of Parks & Recreation Mail to: Hand deliver to: Frederick County Frederick County Dept. of Parks & Recreation Department of Parks & Recreation 107 North Kent Street Co. Administration Bldg., 2nd Floor Winchester, VA 22601 107 North Kent Street (540) 665-5678 Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. Route 11, surrounded to the east and south by Clearbrook Park. Current Zoning: RA Zoning Requested: B-2 Acreage: 1.965 Dept. of Parks & Recreation Comments: Signature & Date: Notice to Dept. of Parks & Recreation — Please Return This Form to the Applicant 13 LAWRENCE REZONING COMMENTS Department of Parks & Recreation Comments: This parcel lies adjacent to the picnic areas of Clearbrook Park. As outlined in the Planning Department's "Northeast Land Use Plan," Clearbrook Park is identified as a developmental sensitive area and must be considered when entertaining the rezoning of adjacent property. Also, staff is recommending that the proposed landscape buffer be comprised of evergreens which will provide a year-round visual buffer. Parks & Recreation Signature and Date: (o l> Frederick County Department of Public W Mail to: Frederick Co. Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, VA 22601 (540)665-5643 RECEIVED MI AR 17 20,34 Hand deliver to: Frederick Co. Dept. of Public Works Attn: Director of Engineering Co. Administration Bldg., 4 Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. Route 11, surrounded to the east and south by Clearbrook Park. Current Zoning: RA Zoning Requested: B-2 Acreage: 1.965 Department of Public Work's Comiqents: Public Works Signature & Dat7.7 e Notice to Dept. of Public a int 10 ��Ak SERVING THE TOP OF VIRGINIA April 13, 2004 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 G. W. Clifford & Associates, Inc. % Charles E. Maddox 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: - r�,ezo� ping Comments William H. Lawrence, III Property Clearbrook Woolen Mill Stonewall Magisterial District Dear Mr. Maddox: The above referenced proposal has been reviewed and it appears that the proposed site plan will not impede operations at the Winchester Regional Airport. While the proposed development lies within the airport's airspace, it does fall outside of the airport's Part 77 surfaces. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, Serena R. 11%19anuel Executive Director ' Rezoning Comments Lawrence Winchester Regional Airport ' Mail to: Hand deliver to: Winchester Regional Airport Winchester Regional Airport Attn: Executive Director Attn: Executive Director ' 491 Airport Road 491 Airport Road Winchester, VA 22602 Winchester, VA (540)662-2422 Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. Route 11, surrounded to the east and south by Clearbrook Park. Current Zoning: RA Zoning Requested: B-2 Acreage: 1.965 Winchester Regional Airport's Comments Winchester Regional Airport Signature & Date:��Q ...L6Lca, I� 1 U n1 f�, i 4I �3 1200(t Notice to Winchester Regional Airport — Please Return This Form to the Applicant 20 /,w o a � w x a VIRGINIA Control number RZ04-0004 Project Name Clearbrook Woolen Mill Address 117 E. Piccadilly Street Type Application rezoning Current Zoning RA Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Not identifiable without a site plan Access Comments Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed Date Revised 3/17/2004 4/3/2004 Applicant Gilbert W. Clifford & Associates City State Zip Applicant Phone Winchester VA 22601 540-667-2139 Tax ID Number Fire District Rescue District 33-A-162 13 13 Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Adequate Roadway/Aisleway Width Not Identified Election District Stonewall Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Additional Comments It is possible that additional fire hydrants and fire protection may be required dependent on the type and size of any new structures. It is difficult to identify whether the proffer amount is an appropriate amount without knowing what specific occupancy would be constructed. Plan Approval Recommended w Revie ed By Signature Yes K. Steudl Title hC Rezoning Comments Lawrence Frederick County Fire Marshal Mail to: Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540) 665-6350 Hand deliver to: Frederick Co. Fire & Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., I" Floor 107 N. Kent Street Winchester, VA 22601 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: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. Route 11, surrounded to the east and south by Clearbrook Park. Current Zoning: RA Zoning Requested: B-2 Acreage: 1.965 Fire Marshal's Comments: Fire Marshal's Signature & Date Notice to Marshal — Please Return This Form to the Applicant 12 0&,9Dq vIBC G('— Rezoning Comments Lawrence Frederick — Winchester Health Department Mail to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 J3 —/I —1c,1. 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 p6rtinent information. Applicant's Name: Mailing Address: Location of Property: Gilbert W. Clifford & Assoc. c/o C. E. Maddox Jr., P.E.. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540)667-2139 South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. , Route 11, surrounded to the east and south by Clearbrook Park. Current Zoning: RA Zoning Requested: B-2 Acreage: 1.965 Frederick — Winchester Health Department's Comments: ,121A,0111 C, o? Z20i-1 l �lf 46fa 7.Zq 410 AJ4& Z4 Ad v-�/lu ,c rr zZ W /:z Signature & Date: Notice IJII Department — Please Return This Form to the Applicant 16 6-25-04; 1:36PM; 1 jun c.y uo:1-rp 1 i i G. W. CI iffora :540 G84 5607 * 1/ 1 c.w. ciirrora a. assoc. a-ru-t:)OJ-u-Fzle P•0 RezoningCommtnts lzw:tnc (Revised 6/23/o4 V!rginiaDe$=rtW,r-nt-ef Transportation mail tip: Virginia Dept. of Transportation Atttt: ResidentEngineer 1-403-1 Old Valley Pike EdinbttMVA -22824 Hand -deliver to: Virginia Dept. of T;rnsportation -Alin; Resident Enginccr 14031 Old Valley Pike Winchester, VA 22601 Aft Please fill out the ia5 mation-a accurately, as possible in order to assist the Virginia Dee E 'Frsasportatsaa wit dwir review. Attacti ttiree copiss. of your application form, locatioaMup, proffer stateament, itnpaet aaslyais, *d any other Applicant's Name: Gilbert V1t- Clifford & AcK&_- T1Wne:I�401667-2139 Iola A zcss cf� C. Er It'faddox Jr P,E VP Winchester: VA 22601 Location of Property: South and adjacent to Clearbrook Presbyterian Chur&-Qnshe mast side of U.S. lCoute 11, surround-ed to the eastvas-d south by Clearb o Park_ ' Current Zoning: RA Zoning Requested: R-2 Acrcagc: 1.965 ' Virginia Dep» rtm=tuf T -nts: applicatmtn nmrw this property appears to have little measurable impact on Route 11. This route is the 1 r ay wnlCh has De r In the WI H. Lawrence, Err rezoning app➢cation dated]une73, 200� aftessesZransport.-tlon Lanterns assatiated 11:2 wguest. Before development, ' designs.drains features and traffic flow data from the I.T.E. Generatior+ Manual. Seventh Edit ion for review. VOOT reserves the right to comment on all right-of-way news, uoing n -aod_off-site ro, a I rovements and drainage. Any word pe-formed onthe-State's right-of-way mustt e-mvered under a us RttspermMis s an Ins ME— rMMTSumt7 b13nd VDO'1, Sign,awr-e & Date. � - ' Notice to M tttn Ilia Form to the Applicant 9 Rezoning Comments Lawrence Frederick County Attorney Mail to: Hand deliver to: Frederick County Attorney Frederick County Attorney Co. Administration Bldg., Suite 202 Co. Administration Bldg., Suite 202 107 North Kent Street 107 North Kent Street Winchester, VA 22601 Winchester, VA (540) 665-6383 Applicant: Please fill out the information as accurately as possible in order to assist the County 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: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E.. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. Route 11, surrounded to the east and south by Clearbrook Park. Current Zoning: RA Zoning Requested: B-2 County Attorney's Comments: ' Assistant County A ' Signature & Da�✓ Notice t MAR 1 7 2004 tCOMMONWEALTH'S ATTORNEY R EDERICK COUNTY Acreage: 1.965 t 7 Rezoning Comments Lawrence Superintendent of Frederick Co. Public Schools Mail to: Frederick Co. Public Schools Attn: Superintendent P.O. Box 3508 Winchester, VA 22604 (540) 662-3888 Hand deliver to: Frederick Co. Public Schools Attn: Superintendent School Administration Bldg. 1415 Amherst St. Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Superintendent of Public Schools with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. Route 11, surrounded to the east and south by Clearbrook Park. Current Zoning: RA Zoning Requested: B-2 Acreage: 1.965 Superintendent of Public Schools' Comments: al(c Superintendent Signature & Date v Notice to School Superintendent — Please Return This Form to the Applicant 14 CRA *a 18 Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick Co. Sanitation Authority Frederick Co. Sanitation Authority Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, VA 22604 Stephens City, VA (540) 868-1061 Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. Route 11, surrounded to the east and south by Clearbrook Park. Current Zoning: RA Zoning Requested: B-2 Acreage: 1.965 Sanitation Authority Comments: 1 X OR ,0 Li l/ Sanitation Authority Signature & Notice to Sanitation A I /R4K — Please Return This Form to the Applicant 0 15 A Traffic Impact Analysis of the William H. Lawrence III Property Located in: Frederick County, Virginia Prepared by: Patton Harris Rust & Associates, pc Engineers. Su rveyors. Planners. Landscape Architects. P 208 Church Street, S.E Leesburg, Virginia 20175 T 703.777.3616 H F 703.777.3725 April 22, 2004 OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed William H. Lawrence III Property located along Martinsburg Pike (Route 11), south of Hopewell Road, in Frederick County, Virginia. The site proposes 20,000 square feet of retail development located along the east side of Martinsburg Pike (Route 11). Build -out is anticipated to occur over a single transportation phase by the year 2006. Methodology The traffic impacts accompanying the William H. Lawrence III Property were obtained through a sequence of activities as the narratives that follow document: , • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for the proposed William H. Lawrence III Property site, • Distribution and assignment of the William H. Lawrence Property generated trips onto the study area road network, • Analysis of capacity and level of service using the newest version of the highway capacity software, HCS-2000, for existing and future conditions. EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersections of Route 11 /Brucetown Road, Route 11 /Hopewell Road, Hopewell Road/I-81 northbound ramps and Hopewell Road/I-81 nouthbound ramps. To determine the existing ADT (Average Daily Traffic) along each of the study area roadway links, PHR+A utilized recently conducted 24-hour traffic counts along Route 11 to calculate a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 8.3%. Figure 1 shows the existing ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 2 shows the respective existing lane geometry and AM/PM peak hour levels of service. All traffic count data and HCS-2000 levels of service worksheets are included in the Appendix section of this report. A Traffic Impact Analysis of the William H. Lawrence III Property April 22, 2004 Page 1 No Scale th z�a; 1 `� 14 NPe ~11ti���+eURoad L` ba ab L lloPe 1 q~ weR Road �l (158)78 j l (52)33` Figure 1 PHRn N � N r *„-32(43) �so(y4) I E l� Sft��ve �1 11 SITE Site -Drive!{ 2 AM Peak Hour(PM Peak Hour) I Existing Traffic Volumes A Traffic Impact Analysis of the William H. Lawrence III Property April 22, 2004 Page 2 A No Scale Unsignalized o Intersection z 1 � u 4 �` ♦ :;0.4 Unsignalized Intersection *(AA N')Pew']]Road Unsignalized Intersectiioon Road *rc)Balw/r Unsignalized Intersection B(B)* S1te,Drt�'e � 1 11 SITE C Site-D rtve �2 AM Peak Hour(PM Peak Hour) * Denotes Critical Unsignalized Movement Denotes continuous two-way left -turn lane Figure 2 Existing Lane Geometry and Level of Service A Traffic Impact Analysis of the William H. Lawrence III Property PH April 22, 2004 Page 3 2006 BACKGROUND CONDITIONS Existing traffic volumes were increased along study area roadways using an historic growth rate of 5% per year (compounded annually) through Year 2006. Figure 3 shows the 2006 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 4 shows the respective 2006 background lane geometry and AM/PM peak hour levels of service. HCS-2000 levels of service worksheets are provided in the Appendix section of this report. PHR+A utilized the report titled: A Traffic Impact Analysis ofllManland & Virginia Milk Producers Facility, by PHR+A, dated October 6, 2003, to incorporate all trips relating to "other developments" located within the vicinity of the proposed William H. Lawrence III Property site. Based upon the information published in the previously referenced report, PHR+A has provided Table 1 to summarize the 2006 "other developments" trip generation. Figure A is included in the Appendix to show the background trip distribution percentages. Table 1 Maryland & Virginia Milk Producers Tria Generation Summary AM Peak Hour PM Peak Hour Land Use Source of Trips ADT In Out Total In Out Total Delivery Trucks 10 20 30 20 10 30 150 Milk Processing/ Distribution Center Employees 40 2 42 2 40 42 13 Visitors 3 1 4 1 3 4 35 Total Trips 1 53 23 76 23 53 76 320 TRIP GENERATION The total trips produced by and attracted to the William H. Lawrence III Property ' were established using equations and rates provided in the 7`h Edition of ITE's Trip Generation Report. Table 2 summarizes the trip generation results for the proposed William H. Lawrence III Property. ' Table 2 William H. Lawrence III Property Trin Generation Summa Weekdav ITE Land Use Amount AM Peak Hour PM Peak Hour Code ADT In Out Total In Out Total 820 Retail 20,000 SF 36 23 60 104 113 216 2,386 Total Trips 36 23 60 104 113 216 2,386 A Traffic Impact Analysis of the William H. Lawrence III Property April 22, 2004 Page 4 1 No Scale 1 O L 5 11 �l q (30 38(128) /60 ��15g 043 (8)28 �� 43(81) (Int��.� �I 18 (206I N � 4.38(57) NoPaweu t 114(155) `bQN 5z I� Road rucetown oa ti e l7ye #] 11 s SITE Ite;Drivc #2 'n L eµ"U 'RO'd (203)129 e �b .AM Peak Hour(PM Peak Hour) n DailyT Tn+n - Figure 3 2006 Background Traffic Volumes PH R+A ATraffic Impact Analysis of the William H. Lawrence III Property April 22, 2004 Page 5 No Scale Unsignalized Intersection r ACal, 'z m O x d 3 Unsignalized Intersection .�� NOPewefl Road Unsignalized Intersection Road 7 �I Unsignalized Intersection a �I >B(cr 1 Sit�D�ve #1 SITE 4` Sfte,D rive #2 .� c`" { AM Peak Hour(PM Peak Hour) * Denotes Critical Unsignalized Movement A Denotes continuous two-way left -turn lane +A Figure 4 2006 Background Lane Geometry and Level of Service A Traffic Impact Analysis of the William H. Lawrence III Property PH R+A Apri122, 2 Pagee 6 6 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 5 to assign the William H. Lawrence III Property trips (Table 2) throughout the study area roadway network. Figure 6 shows the respective development -generated AM/PM peak hour trips and ADT assignments. 2006 BUILD -OUT CONDITIONS The William- H. Lawrence assigned trips (Figure 6) were added to the 2006 background traffic volumes (Figure 3) to obtain 2006 build -out conditions. Figure 7 shows the 2006 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 8 shows the respective 2006 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. CONCLUSION The traffic impacts associated with the William H. Lawrence III Property site are acceptable and manageable. During 2006 build -out conditions, the intersection of Hopewell Road/ Route 11 will maintain levels of service " E" or better. All of the remaining analyzed intersections will maintain levels of service "C" or better. Figure 8 shows the addition of a traffic signal at intersection Hopewell Road/Route 11 which will maintain levels of service of "C" or better. A Traffic Impact Analysis of the William H. Lawrence III Property R+A Apri122, 2P H Pagee 7 7 _- n _ Figure 5 Trip Distribution Percentages PA Traffic Impact Analysis of the William H. Lawrence III Property HRA April 22, 2004 Page 8 No Scale ofr %kft'(�+� Jj N � \ `10(SI) Unsignalized Intersectionq�y J,tr 1)rire SITE 4 Sile_D x hte J:� `9(45) i L t 2(11) Unsignalized Intersection c Site C ANI Peak HOur(P11 Peak Hour) Figure 6 Development -Generated Trip Assignments A Traffic Impact Analysis of the William H. Lawrence III Property P April 22, 2004 Page 9 No Scale Figure 7 OR q� Opeweu ad (2p3)1 (133 O00 �. m ti N 9 (�1S) 192(25 �► ) NopevRoad hb 11 \ �b Ii 0(51) j r2(6) Unsignalized Intersection o� q1 -r x �sa(5n `J 114(155) 1 r , ruc a .g SITE m Site_ xDrlti.e �`� L s N '` 9(45) r2(„) Unsignalized Intersection - Site q ti AM Peak Hour(PM Peak Hour) 2006 Build -out Traffic Volumes A Traffic Impact Analysis of the William H. Lawrence III Property April 22, 2004 Page 10 U64TPc157 THIB DEED made and'dated `i■ 30th day of April, 1987, by and between the CLEAMOOK WOOLEN COY.PAIFY, INCORPORATED, a Virginia corporation, party of the first part, hereinafter referred to as the Grantor; and wILLIAM H. LA1iRENCE, III, party of the second part, hereinafter referred to as the Grantees. WRZRZAss By a resolution dated November 28, 1986, the Stockholders and Directors of the Clearbrook Woolen Company, Inoorporated, adopted ■,Plan of Liquidation pursuant to Section 337 of the Internal Revenue Code of 1956 as amended. WHERMI The Dirwator, Internal Revenue Service Center, was'notified of the Plan of Liquidation by the filing of Form 966. 1URIASs William R. Lawrence, III, owned 335 shares of the can" ;tack of the Corporation and accepts the hereinafter described property as bin distributive share of the Corporation. WITNUS TBs That for and in consideration of the liquidation of Clearbrock Woolen ComF..ny, Incorporated, and distribution to its stockholders, the Grantor does hereby grant and convey with general warranty of title unto the Grantee, in fee simple, all of that certain property, together with appurtenances and improvements thereunto belonging, lying and Ibeing situate in Stonewall Magisterial District, Frederick County, Virginir, containing 1.965 acres', more 'particularly described by that certain plat and survey, prepared by J.R. Nicely, C.L.S., dated ieptember•11, 19720 attached +hereto and by this referenco 9 w- US47?GISa made a part of this deeds and being the same property conveyed to Clearbrook herein by deed dated tho 1A day of 19J*, of record in the Clerk's Office of the Circuit. Court. of Frederick County, Virginia, in Deed Book 196, Page 7t This conveyance is made, however, subject to all rights of way, easements and/or conditions of record, if any, affecting the aforesaid realty. WITNESS the following signatures and seals. ..•.."'•.,� .1 Jr, '•, r CLEARBROOK WOOLEN COMPANY g jYCO ATED•t r Dyt STATE OF.VIRGINIA,041 or� Z,to-wits � The foregoing instrumsent was acknowledged before me this day, of . 1987, I-Y 4642� of the Clearbrook len Company, Incorporated. My eosraission expires.. Notary Pu is •; s'dr �V •J> �/� sr•ra•�'s'.v f /.I'OOb�' /r•b Odd.✓ ,,,• _ �' ' W 4-7 FG • ... •. ram, ; .vet• �cs- I* 1 � .t/sr •tT •lj-�✓ .✓/it-F./•a� Sri rcp 1iway U cot^:nn va > Q w� 10 % v� / ���.Srr.Q�•4'oo.�i�'��.vca.A.�.vc.~ t f':v't.9.1/.ail s•h44G �t/�se�T.'7 .ri♦ds9.�il/�/f .r—at� .s�•.!•� s h Chi♦ aril'/ems? •EA��..7 J"d*'PI ��✓QiQ •M.►q �M �l�CN 0(hllfT a. �}�A•jI•s/��I'.J••• �"'-Irr/•r�, I�'iT p-�i +b�lpp��1• rq��tM, �.r('1 iir MMM.9M p NIA M IM •-� �� j���.. .�.iiG.11JL�i.ie Md we ttMlyy M +sasarrc�ul � OI' • Nrurl, • ' i r• 6 LFI� �aICO Y oo�f REDE�RICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 August 13, 2004 Mr. Charles Maddox Gilbert W. Clifford & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: REZONING #07-04, LAWRENCE REZONING Dear Chuck -- This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of August 12, 2004. The above -referenced application was approved to rezone 1.965 acres from RA (Rural Areas) District to the B2 (Business General) District. The subject property is located east side of Martinsburg Pike (Roue 11 N), south and adjacent to Clearbrook Presbyterian Church, and bounded to the east and south by Clearbrook Park, and is identified with Property Identification Number 33-A-162, in the Stonewall Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, l�lark Che` ran —_ ._... . Interim Zoning Administrator MRC/bad cc: -William H. Lawrence, III, PO Box 8, Clearbrook, VA 22624 Lynda J. Tyler, Board of Supervisors, Stonewall District .Jahn Light, Stonewall District Planning Commissioner iJane Anderson, Real Estate .Commissioner of Revenue em:�Cha s S. DeHaven, Jr., Stonewall District Planning Commissioner 107 North Kent Street - Winchester, Virginia 22601-5000 Jul 20 04 08:23a g.w. clifford & assoc. 540-665-0493 •'"" um it inn l;H1.-CORY r 0HINS (,RF(.ORY r HUTCHINSON C 7U p m 0% 10 9UU4 2 1? p.2 Presbyterian Parish of the Valleys 7152 Middle Road Middletown, VA 22645 540-869-2456 Pvalleys@shentel.net Dr. C. Richard U, er, 11 Parish Pastor June 1 2004 Clearbrook Woolen Shop P.Q. Box 8 Clear Brook, VA 22624 Dear Mr. Lawrence: On behalf of the Session (the governing beard) of the Clear $Topic Presbyterian Church, we would like to thank you for meeting with us to explain the rezoning possibility you envision as you sale your busimss. Your concern for the welrb g of the Clear Brook commit D4Y wa- Pertainly evident. We appreciate the neighborly relationship our church and your business have had over the years. We do not objeot to iu}ving the zoning status of the business area of Clear Brook changed to 93-2" which we underst^an(Cto be approval for light business, We believe this status could be of benefit for the community. Sincerely, C. Richard Slider, Tl Caroline-Hickcrson Senior Pastor, Presbyterian Parish of the Valleys Clerk of Session, Clear $rook Presbyterian Church Addendum July 19, 2004 We agree. that a screening is not ntccssary between the Church end the Woolen Shop rp C C. Richard Slider, zi Parish Pastor &�.'_l�l.lJ. Auz'ncL a a REZONING APPLICATION #07-04 WILLIAM H. LAWRENCE, III Staff Report for the Board of Supervisors Public Hearing Prepared: July 27, 2004 Staff Contact: Mark R. Cheran, Interim Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 07/21/04 Recommended Approval Board of Supervisors: 08/11/04 ReU�g A Mep Vj5� PROPOSAL: To rezone 1.965 acres from RA (Rural Areas) District to B2 (Business General) District. LOCATION: The property is located east of Martinsburg Pike (Route 11 North) and south of the Clearbrook Presbyterian Church property, approximately 150 feet south of the intersection of Martinsburg Pike and Brucetown Road (Route 672), in the Stonewall Magisterial District. The property is further bounded by Clearbrook Park to the east and south. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-A-162 PROPERTY ZONING & PRESENT USE: Rural Areas (RA), Woolen Shop ADJOINING PROPERTY ZONING & PRESENT USE: NORTH: RA (Rural Areas), Institutional (Clearbrook Presbyterian Church) SOUTH: RA (Rural Areas), Public Recreation (Clearbrook Park) EAST: RA (Rural Areas), Public Recreation (Clearbrook Park) WEST: B3 (Industrial Transition), Commercial PROPOSED USE: General Commercial 0 0 REZ #07-04, William H. Lawrence, III Page 2 July 27, 2004 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the William H. Lawrence, III rezoning application dated June 23, 2004 addresses transportation concerns associated with this request. 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, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -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. Fire Marshal: It is possible that additional fire hydrants and fire protection may be required dependent on the type and size of any new structures. It is difficult to identify whether the proffer amount is an appropriate amount without knowing what specific occupancy would be constructed. Plan approval recommended. Frederick -Winchester Service Authority: No comment. Coun , Engineer: We have no comments concerning the proposed rezoning. Sanitation Authority: No comment. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered this rezoning proposal during their meeting of April 20, 2004. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report as well as information given by the applicant. The subject parcel contains the Old Woolen Shop and although it is not listed in the Rural Landmarks Survey Report (due to not being part of the time frame that the Survey covered), it is a significant part of the landscape and it is adjacent to the Clearbrook Presbyterian Church (#34-708) which is listed as potentially significant. The origin of the Woolen Shop building is not completely known; however, it has been part of the community since the 1930's. The HRAB recognizes that this structure is an historic and significant piece of the Martinsburg Pike corridor. If this property is developed for commercial use, the HRAB suggests the following be considered to mitigate impacts on historic resources: 1. Existing Structures: The existing buildings on the site should be incorporated into the development proposal instead of demolishing it to build a new commercial building. 2. Screening: The new commercial use should be screened from the adjacent church; the use of a dense vegetative screen should be considered. 3. Building Facade: If a new building is constructed on the site, it should complement the surrounding historic properties. The HRAB suggests the applicant consider using materials that are similar to what is found on the existing building. 0 REZ #07-04, William H. Lawrence, III Page 3 July 27, 2004 4. Commercial Use: Very few uses have been proffered out for this proposal. Consideration should be taken to identify more uses that would not be appropriate for this site based on its location to and the adjacent historic properties. In addition, the new use of the building should not put any hardships on the adjacent church. 5. Building Location: If the existing structure is removed from the property, consider moving the new building forward and place the parking at the rear of the property. Also consider the possibility of not using a berm at the front of the property in the 20' landscape easement along Martinsburg Pike. 6. Historic Marker: If the intent is to remove the structure from the property, an historic marker with a photograph of the original building should be placed on the property. County Attorney: Appears to meet all legal requirements. Frederick Coun , Inspections: No comment required at this time. Shall comment at the time of site plan review. Winchester Regional Airport: This proposal has been reviewed and it appears that the proposed site plan will not have an impact on operations at the Winchester Regional Airport. While the proposed development lies within the airport's airspace, it does fall outside of the airport's Part 77 surfaces. Frederick County Parks & Recreation: This parcel lies adjacent to the picnic areas of Clearbrook Park. As outlined in the Plarming Department's "Northeast Land Use Plan," Clearbrook Park is identified as a developmental sensitive area and must be considered when entertaining the rezoning of adjacent property. Frederick -Winchester Health Dept.: The Health Department has no comment as long as no public or private water sources, as well as no effluent disposal areas, are impacted. Frederick County Public Schools: No comment at this time. Planning & Zoning_ 1) Site History The original Frederick County zoning map (U.S.G.S. Inwood, WV Quadrangle) identifies the subject parcel as being zoned A-1 (Agricultural, Limited). On November 8, 1971, the Board of Supervisors approved Rezoning #073-71, which rezoned 55.0 acres that included the subject parcel from A-1 to A-2 (Agricultural, General). This rezoning application was filed by Clearbrook Woolen Company, Inc., for the purpose of establishing a campground use on the site, and also resulted in the rezoning of approximately 35 acres located north of Brucetown Road from A-1 to M-1 (Light Industrial). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District. 0 0 REZ #07-04, William H. Lawrence, III Page 4 July 27, 2004 2) Comprehensive Polices The subject property is located wholly within the Sewer and Water Service Area (SWSA), and is included within the boundaries of the Northeast Land Use Plan (NELUP). The NELUP does not expressly identify a planned land use for the subject parcel, although commercial and office uses are generally supported along the Route 11 North corridor if compatible with surrounding land uses. (Comprehensive Policy Plan, p. 6-38, 6-38.2) Planning StaffComnnent The applicant has sought to address the compatibility concerns of the NELUP by proffering to install landscaped buffers adjacent to both the Martinsburg Pike (Route 11 North) right-of-way and the parcel's east boundary, which is shared with Clearbrook Park. The south boundary of the site is also shared with Clearbrook Park and is formed by Clearbrook Run, against which a 35 foot wide riparian buffer will be required by ordinance. The applicant has further proffered to prohibit certain uses on the site that would otherwise be permitted on B2 zoned property, to include gasoline service stations, automotive dealers, and truck stop facilities. Coupled with boundary and corridor buffer areas, such land use restrictions constitute an appropriate approach for achieving compatibility between the future commercial use of the site and surrounding land uses. It is noted that the site will not be completely buffered against surrounding land uses, as neither the Zoning Ordinance nor the proposed proffer statement provides for buffering or screening adjacent to the Clearbrook Presbyterian Church property. Moreover, unique site design elements are limited exclusively to the above -mentioned buffer areas. This application does not include enhanced guidelines for either signage or building design, which are techniques commonly employed to satisfy land use compatibility goals. 3) Site Suitability The site contains areas of wetlands/hydrologic soils that generally follow the path of Clearbrook Run, a perennial stream that forms the south boundary of the subject property. Such environmentally sensitive areas will be contained within the 35 foot wide riparian buffer required by ordinance. Disturbance of the riparian buffer and its constituent resources is prohibited, with minimal exceptions for public facilities, public utilities, and road crossings. The General Soil Map of the Soil Survey of Frederick Coun . , Virginia indicates that the soils comprising the subject parcels fall under the Oaklet-Carbo-Chilhowie soil association. It is noted that the Oaklet-Carbo-Chilhowie soil association presents some limitations to site development due to slow permeability and clayey subsoil. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the site. 9 0 REZ #07-04, William H. Lawrence, III Page 5 July 27, 2004 4) Potential Impacts. a) Transportation Impact Analysis Statement: The traffic impact analysis (TIA) prepared for this application calculated transportation impacts based upon the following development assumptions: Retail: 20,000 square feet Using traffic generation figures from the I.T.E. Trip Generation Manual, 7`' Edition, the applicant projects traffic impacts for the development in terms of project build -out, which is expected to occur by 2006. The TIA indicates that at project build out, the planned uses will result in the generation of 2,386 new average daily trips (ADT). The new trips generated by the development will be absorbed by an external road network consisting of Martinsburg Pike (Route 11 North), Hopewell Road (Route 672) and the Exit 321 interchange of Interstate 81. (See "A Traffic Impact Analysis of the William H. Lawrence, III Property, " p. 4) The TIA concludes that the impacts generated by the application will result in overall Level of Service (LOS) Category "C" conditions or better on study area roads during peak traffic periods at project build -out (2006). A critical exception to this overall condition is the continued existence of LOS Category "E" peak hour conditions at the intersection of Hopewell Road and Martinsburg Pike. The TIA indicates that the future signalization of this intersection will improve conditions to the desired LOS "C." It is noted that the subject rezoning proposal does not provide, either in whole or in part, for the necessary signalization of the intersection of Iopewell Road and Martinsburg Pike. VDOT Comment (excei-121): The documentation within the application to rezone this property appears to have little measurable impact on Route 11. VDOT is satisfied that the transportation proffers offered in the William H. Lawrence, III, rezoning application dated June 23, 2004 addresses transportation concerns associated with this request. b) Historic Resources The subject property does not contain any potentially significant structures and is not located within the core area of any identified Civil War battlefield. The site is proximate to two structures that are identified in the Frederick County Rural Landmarks Survey Report as potentially significant resources. Specifically, these sites are the Clearbrook Presbyterian Church (#34-708), located north and adjacent to the subject parcel, and the Clearbrook Feed and Seed (#34-935), which sits approximately 500 feet north of the subject property on the opposite side of Martinsburg Pike. As noted previously in this report, the applicant has not proposed any buffering or screening along the boundary shared with Clearbrook Presbyterian Church, and no buffering or screening is required by ordinance. 0 a REZ #07-04, William H. Lawrence, III Page 6 July 27, 2004 HRAB Comment: The Frederick County Historic Resources Advisory Board (HRAB) considered this rezoning proposal during their meeting of April 20, 2004. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report as well as information given by the applicant. The subject parcel contains the Old Woolen Shop and although it is not listed in the Rural Landmarks Survey Report (due to not being part of the time frame that the Survey covered), it is a significant part of the landscape and it is adjacent to the Clearbrook Presbyterian Church (#34-708) which is listed as potentially significant. The origin of the Woolen Shop building is not completely known; however, it has been part of the community since the 1930's. The HRAB recognizes that this structure is an historic and significant piece of the Martinsburg Pike corridor. If this property is developed for conunercial use, the HRAB suggests the following be considered to mitigate impacts on historic resources: 1. Existing Structures: The existing buildings on the site should be incorporated into the development proposal instead of demolishing it to build a new commercial building. 2. Screening: The new commercial use should be screened from the adjacent church; the use of a dense vegetative screen should be considered. 2. Building Facade: If a new building is constructed on the site, it should complement the surrounding historic properties. The HRAB suggests the applicant consider using materials that are similar to what is found on the existing building. 3. Commercial Use: Very few uses have been proffered out for this proposal. Consideration should be taken to identify more uses that would not be appropriate for this site based on its location to and the adjacent historic properties. In addition, the new use of the building should not put any hardships on the adjacent church. 4. Building Location: If the existing structure is removed from the property, consider moving the new building forward and place the parking at the rear of the property. Also consider the possibility of not using a berm at the front of the property in the 20' landscape easement along Martinsburg Pike. 5. Historic Marker: If the intent is to remove the structure from the property, an historic marker with a photograph of the original building should be placed on the property. c) Water & Sewer The applicant indicates that public water and sewer will be provided to the site via infrastructure improved through the Clearbrook water and sewer extension project. The ultimate water source will be the Northeast Regional Water Plant. It is noted that an existing 20 inch water main is located within the Martinsburg Pike right-of- way and a six inch water line currently crosses the site. The applicant reports that sufficient capacity will exist to adequately serve the future commercial use(s) on the site. REZ #07-04, William H. Lawrence, III Page 7 July 27, 2004 5) Proffer Statement - Revised Through June 23, 2004 Generalized Development Plan The applicant has included a Generalized Development Plan (GDP) with the proposed proffer statement. The GDP identifies the general location of proffered site improvements, to include the following: (1) single entrance on Martinsburg Pike; (2) 20 foot wide landscaped buffer adjacent to the Martinsburg Pike right-of-way; and (3) ten foot wide landscaped buffer adjacent to the shared boundary with Clearbrook Park (east parcel boundary). Monetary Contribution to Offset hnpact of Development The applicant has proffered monetary contributions to Frederick County in the respective amounts of $2,000 for Fire and Rescue Services and $2,000 for the Sheriff's Office. These contributions will be made in a lump sum payment at the time of issuance of the first building permit for the site. Prohibited Uses on the Site The applicant has proffered to prohibit the following B2 uses on the subject site: SIC 41 Local and suburban transit and inter -urban highway passenger transportation SIC 42 Motor freight transportation and warehousing SIC 45 Transportation by air SIC 55 Automotive dealers and gasoline service stations including truck stop facility SIC 721 Laundry, dry-cleaning and garment services SIC 75 Drive-in motion picture theaters Site Improvements The applicant has proffered the following site improvements: (1) Site access will be limited to a single commercial entrance on Martinsburg Pike. (2) A 20 foot wide landscaped buffer will be provided adjacent to the Martinsburg Pike right-of-way. This buffer will contain a "low" berm of at least two feet in height as well as a mixture of ornamental plantings. (3) A ten foot wide landscaped buffer will be provided adjacent to the shared boundary with Clearbrook Park. This buffer will consist of a mixture of deciduous shrubs and/or trees. Planning Staff Comment: The composition of the proposed buffer areas is relatively undefined by proffer. As such, the final appearance of the buffers will depend upon dialogue between plamling staff and the applicant at the time of master development plan or site development plan review, both of which are administrative processes. Should either the Planning Commission or Board of Supervisors prefer greater detail and/or input concerning the composition of the proffered buffers, the applicant should be asked to respond to such interest during the rezoning process. REZ #07-04, William H. Lawrence, III Page 8 July 27, 2004 STAFF CONCLUSIONS FOR THE 07/21/04 PLANNING COMMISSION MEETING: The proposed rezoning is a request to rezone 1.965 acres from the RA (Rural Areas) District to the B2 (Business General) District to accommodate general commercial land uses. The subject parcel is located within the Sewer and Water Service Area (SWSA), and the request generally conforms with the applicable policies of the Northeast Land Use Plan (NELUP). PLANNING COMMISSION SUMMARY & ACTION OF THE 07/21/04 MEETING: The applicant noted the following: the site has been in commercial and industrial use to accommodate the woolen mill and sales; VDOT's comment on the TIA suggested reducing the number of entrances from two to one; the adjacent Clearbrook Presbyterian Church is pleased with the proposal, however they have requested that no screening be placed between this site and the church; and, in addition, the 20-foot water main easement granted to the Sanitation Authority cannot be used for vegetation. A member of the Commission recommended that the entrance be aligned with one of the existing entrances at the Old Stone Restaurant to accommodate trucks heading toward I-81 from the restaurant site because of a lane -change issue. Members of the Commission recommended that any proposed use for the site be sensitive to the adjacent church and that shaded lighting be used in the parking areas. Another member raised a concern that there may not be adequate personnel at the Clearbrook Fire and Rescue facility for adequate coverage of this area. One of the Board liaisons pointed out that four uses listed in the impact statement, as examples of uses to be removed, were not specified in the proffer statement. The applicant indicated this was an oversight and would be corrected prior to the Board meeting. VDOT's representative responded to a question concerning the volume of traffic on Hopewell Road to 1-81. VDOT believed the intersection was capable of handling the additional traffic, based on the applicant's proffering out gasoline stations and truck stops and VDOT's ability to relocate the single entrance. The Planning Commission recommended approval of the rezoning, with the proffers offered by the applicant, by the following majority vote: YES (TO APPROVE): Straub, Watt, Unger, Light, DeHaven, Thomas, Ours, Fisher, Kriz, Triplett, Rosenberry NO: GoclienoUr' (Commissioner Morris was absent from the meeting.) B2 MOULDEN / B2 33 A 159 33 A 158 LOBE CLEARBROOK B2 PRESBYTERIAN / 33 A 163 / CHURCH THIRD GENERATION, LP I - l 33 A 162 - - -- --- • LAWRENCE 33 A 164B DICK 33 A 162B FREDERICK, COUNTY OF REZ#07-04 - William H. Lawrence III (PIN: 33 - A - 162) 1-7 PJ f + f 1 CLEARBROOK rPRESBYTERIAf'!, a ° y . CHURCH 1� wS �-!. : r.. .� ..4'• 3 B3 A 163 V �► . :�" #,� �1" ° ice:.. � rl� �{ .. t °. � ,� ,. d" �, - •.t - ,� LI \AIRENCE f *'.+� � � k�a ..�1,1 a,¢ �� � }•� �+ � w. R '_Y°`�14 ri`;,', 's,�A ��i: tf l9S � ,�° `3 3 A 1G4B CIO DICK P/ FREDERIC�E, COU ,OF J . log 0 AMENDMENT Action: PLANNING COMMISSION: July 21, 2004 - Recommended Approval BOARD OF SUPERVISORS: August 11, 2004 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #07-04 OF WILLIAM H. LAWRENCE, III WHEREAS, Rezoning #07-04 of William H. Lawrence, III, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 1.965 acres from RA (Rural Areas) District to B2 (Business General) District. This property is located south and adjacent to Clearbrook Presbyterian Church on the east side of Martinsburg Pike (Route 11 N), surrounded to the east and south by Clearbrook Park, and is identified with Property Identification Number 33-A-162 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on July 21, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 11, 2004; 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 confonnance 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 1.965 acres from RA (Rural Areas) District to B2 (Business General) District, 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 # 11-04 0 This ordinance shall be in effect on the date of adoption. Passed this 111h day of August, 2004 by the following recorded vote: Richard C. Shickle, Chairman Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Barbara E. Van Osten Gary Dove Bill M. Ewing A COPY ATTEST Jolui R. Riley, Jr. Frederick County Administrator PDRes. #11-04 • REVISED PROFFERS PER PLANNING COMMISSION CONCERNS REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H. Lawrence, III 3416 Martinsburg Pike Clearbrook, Virginia Preliminary Matters Pursuant to Section 15.2-2296 et. Sea.. of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 07'0q for the rezoning of 1.965 acres from the present RA to B-2. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The Generalized Development Plan (GDP) attached to this proffer shows current uses only; an end user has not been identified at the time of rezoning. The GDP shows the location of site improvements proffered by the applicant that will be applicable to all future uses. These improvements are identified by numeric labels on the GDP that correspond with associated proffer text. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffer that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 1.965 acre tract near Clearbrook, Virginia in the Stonewall Magisterial District of Frederick County, Virginia from existing RA to B-2 the undersigned will pay to Frederick County, -at the time a building permit is issued for the first future use, a lump sum payment of two thousand dollars ($2,000.00) for Fire and Rescue Company and two thousand dollars ($2,000.00) for Sheriff s Office. Prohibited Uses on This Site In reviewing the types of use allowed in the B-2 zone, the owner has determined certain classes of uses are inconsistent with good planning on this site. The undersigned owner shall voluntarily prohibit the following uses from existing on the subject properties: SIC 55 Automotive dealers and gasoline service stations including truck stop facility SIC 721 Laundry, dry-cleaning and garment services SIC 7542 Carwash as a Primary Use Page 1 of 3 Revised 6/23/04 Revised 7/27/04 0 9 REZONING REQUEST PROFFER Property Identification Number 33AI62 Stonewall Magisterial District William H. Lawrence, III SIC 7999 Golf Driving Range - - - - - - Self Service Storage Facilities (mini warehouse) - - - - - - Commercial Batting Cages Site Improvements (Refer to Figure 4 for General Locations - Applicable to All Future Uses) 1. Site entrances on Routes 11 and 664 shall be limited to one on U.S. Route 11. (See 1) 2. A 20' roadside landscape buffer shall be provided including a low berm (2' height) with mixed ornamental plantings consistent with good sight line characteristics for highway entrances. (See 2) 3. A 10' landscaped buffer consisting of deciduous shrubs or trees shall be provided along the common boundary with the Clearbrook Park. (See 3). 4. Low impact lighting shall be utilized. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER By: �r� ✓`i�lLu� <1 Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of -7c] I�� , 2004, by � jg= j W My co , ssio pires f 61 Notary Public44 Page 2 of 3 Revised 6/23/04 Revised 7/27/04 • SYMBOLS / \ POLE 0 Q a N o O MANHOLE LD's ♦ MAILBOX \ e LOCATED OBJECT 4 TRAFFIC POLE 4 FM HYDRANT p Route OLD ST. RTE. 672 p r fl / C3 i C fl Jc I e d Zoned: R C7eorbrook PrcUse Relsidenti sbyteron Church A 33-A-15 �fl / Zoned: RA Use Rdi / e2p O • i p J / / Z E ntU m 6,7 p L97 AC 33M-10 TIM mdDUTIDV LP ® / O Q PT,Op. 7"m sa FT s! Landscape ' 7an.k s-a / / Huffer, u.e rn...R.ai w O r b nc * z f � 1 rt �Ej 1 my of Frederick "�. 33-A-162B ♦ Zoned: RA U it: Cleorbrook Park 35• ROO"— r Y Q SAND • -- IBM Oidc o b i 23-A-16iB } Zoned: RA f / • Res id i O • o / / WILLIAM H. L,4WRENCE Ili✓ RRORDUY (flmt w. aifori Mo Aaro a Jilassiea of GfNERAUZf-D DEVEf C}PMENT PLAN patbn, tfarris, Rust ;& Assoiates, pc O t i 7 f figq fly X Wgo+*st 16rgirria ?m K' FREDZ?WLX CDUAMY iTPOIN%A VOLE ' 540) 1%7-2139 ft (540 M4493 Sheet 3 OF 3 1 0 0 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. - Fee Amount Paid $ Zoning Amendment Number 117 Date Received (Q l t 6 V PC Hearing Date D BOS Hearing Date a 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: Gilbert W. Clifford & Associates Telephone: 667-2139 Address: c/o Chuck Maddox 117 E. Piccadilly Street Suite 200, Winchester, Virginia 22601 2. Property Owner (if different than above) Name: William H. Lawrence, III Address: P.O. Box 8 Clearbrook, VA 22624 3. Contact person if other than above Name: Chuck Maddox Telephone: 667-7646 Telephone: 667-213 9 4. Checklist: Check the following items that have been included with this application. Location Map Plat Deed of property Verification of taxes paid Agency Comments Fees Impact Analysis Statement Proffer Statement 1 The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: William H. Lawrence, III A) Current Use of the Property: B) Proposed Use of the Property: Adjoining Property: See Attached PARCEL ID NUMBER Woolen Shop Commercial Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). South and adjacent to Clearbrook Presbyterian Church on the east side of U.S Route 11, surrounded to the east and south by Clearbrook Park. 0 • • • Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 33-A-162 Magisterial: Fire Service: Rescue Service Stonewall Clearbrook Clearbrook Districts High School: Middle School: Elementary School James Wood James Wood Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zonin Re uested 1.965 RA B-2 1.965 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home Townhome Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Office Retail Restaurant Square Footage of Proposed Uses Service Station Manufacturing Warehouse Other C 0 Is 0 r-• 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. 1 (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 plaixd at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing, I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) Owner(s) G Date Date Date Date (-3 6 V . ` • Lawrence Rezoning Tax ID # Name Address Zonin2 Use 33-A-158 Clearbrook Presbyterian Church C/o Bobby F. Lamma, Stephenson, VA 22656 RA Religious 33-A-159 Allen B. Jobe, et als 2719 Brucetown Road, Clearbrook, VA 22624 RA Residential 33-A-162B County of Frederick 107 N. Kent Street, Winchester, VA 22601 RA Clearbrook Park 33-A-163 Third Generation L.P. 1701 Fall Hill Ave., Fredericksburg, VA 22401 B-2 Convenience & Restaurant 33-A-164B HMC LP, LLP 920 Hopewell Road, Clearbrook, VA 22624 RA Vacant Is G� o Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) William H. Lawrence, III (Phone) 540-667-7646 (Address) P.O. Box 8, Clearbrook, VA 22624 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 647 on Page 157 and is described as Parcel:162 Lot: Block: A Section:33 Subdivision: do hereby make, constitute and appoint: Gregory F. Hutchinson (540) 667-7646 OR (Name)Patton Harris Rust & Associates, c/o Charles E. Maddox Jr. (Phone)540-667-2139 *Address) 117 E. Piccadilly Street, Winchester VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof,I (we) have hereto set my (our) hand and seal this day o )�.^% 200 Signature(s r7 State of Virginia, City/County-of �� ^C'�S� ���- To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and h slacknowled ed the same bef�oremee in the jurisdiction aforesaid this 55���_day of t e , 200�_ . / ry��� M Commission—y�-t_.,�, y Expires�l � 3) , otary Public AMENDMENT Action: PLANNING COMMISSION: July 21, 2004 - Recommended Approval BOARD OF SUPERVISORS: August 11, 2004 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #07-04 OF WILLIAM H. LAWRENCE, III WHEREAS, Rezoning #07-04 of William H. Lawrence, III, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 1.965 acres from RA (Rural Areas) District to B2 (Business General) District. This property is located south and adjacent to Clearbrook Presbyterian Church on the east side of Martinsburg Pike (Route 11 N), surrounded to the east and south by Clearbrook Park, and is identified with Property Identification Number 33-A-162 in the Stonewall Magisterial District; and `AREAS, the Planning Conunission held a public hearing on this rezoning on July 21, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 11, 2004; 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 1.965 acres from RA (Rural Areas) . District to B2 (Business General) District, 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 41 1-04 9 • This ordinance shall be in effect on the date of adoption. Passed this I Vh day of August, 2004 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gina A. Forrester Aye Gary Dove Aye W. Harrington Smith, Jr. Deceased Bill M. Ewing Aye Lynda J. Tyler Aye A COPY ATTEST J John R. ' ey, Jr. Frederick County Administrator PDRes. 411-04 E C� REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H. Lawrence, III 3416 Martinsburg Pike Clearbrook, Virginia Preliminary Matters Pursuant to Section 15.2-2296 et. Se of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 07 -Oq for the rezoning of 1.965 acres from the present RA to B-2. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The Generalized Development Plan (GDP) attached to this proffer shows current uses only; an end user has not been identified at the time of rezoning. The GDP shows the location of site improvements proffered by the applicant that will be applicable to all future uses. These improvements are identified by numeric labels on the GDP that correspond with associated proffer text. Monetagy Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffer that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 1.965 acre tract near Clearbrook, Virginia in the Stonewall Magisterial District of Frederick County, Virginia from existing RA to B-2 the undersigned will pay to Frederick County, at the time a building permit is issued for the first future use, a lump sum payment of two thousand dollars ($2,000.00) for Fire and Rescue Company and two thousand dollars ($2,000.00) for Sheriffs Office. Prohibited Uses on This Site In reviewing the types of use allowed in the B-2 zone, the owner has determined certain classes of uses are inconsistent with good planning on this site. The undersigned owner shall voluntarily prohibit the following uses from existing on the subject properties: SIC 55 Automotive dealers and gasoline service stations including truck stop facility SIC 721 Laundry, dry-cleaning and garment services SIC 7542 Carwash as a Primary Use Page 1 of 3 Revised 6/23/04 Revised 7/27/04 • REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H. Lawrence, I1:I SIC 7999 Golf Driving Range - - - - - - Self Service Storage Facilities (mini warehouse) - - - - - - Commercial Batting Cages Site Improvements (Refer to Figure 4 for General Locations - Applicable to .All Future Uses) 1. Site entrances on Routes 11 and 664 shall be limited to one on U.S. Route 11. (See 1) 2. A 20' roadside landscape buffer shall be provided including a low berm (2' height) with mixed ornamental plantings consistent with good sight line characteristics for highway entrances. (See 2) A 10' landscaped buffer consisting of evergreen shrubs or trees shall be provided along the common boundary with the Clearbrook Park. (See 3). 4. Low impact lighting shall be utilized. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER G U /yy r Date: all, STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: �h The foregoing instrument was acknowledged before me this day of 2004, by _(�) �` J 1 i Gnu �. Lo o rt°n( c) My commission expires 000130 Notary Public ; ) Page 2 of 3 Revised 6/23/04 Revised 7,/27/04 0 REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H. Lawrence, III SIC 7999 Golf Driving Range - - - - - - Self Service Storage Facilities (mini warehouse) - - - - - - Commercial Batting Cages Site Improvements (Refer to Figure 4 for General Locations - Applicable to All Future Uses) Site entrances on Routes 11 and 664 shall be limited to one on U.S. Route 11. (See 1) 2. A 20' roadside landscape buffer shall be provided including a low berm (2' height) with mixed ornamental plantings consistent with good sight line characteristics for highway entrances. (See 2) 3. A 10' landscaped buffer consisting of deciduous shrubs or trees shall be provided along the common boundary with the Clearbrook Park. (See 3). 4. Low impact lighting shall be utilized. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER 17 Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The � foregoing instrument was acknowledged before me this day of� , 2004, by My co issio pires F-6 y i Notary Public Page 2 of 3 Revised 6/23/04 Revised 7/27/04 REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H. Lawrence, III SIC 75 Drive-in motion picture theaters Site Improvements (Refer to Figure 4 for General Locations - Applicable to All. Future Uses 1. Site entrances on Routes 11 and 664 shall be limited to one on U.S. Route 11. (See 1) 2. A 20' roadside landscape buffer shall be provided including a low berm (2' height) with mixed ornamental plantings consistent with good sight line characteristics for highway entrances. (See 2) 3. A 10' landscaped buffer consisting of deciduous shrubs or trees shall be provided along the common boundary with the Clearbrook Park. (See 3). The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned uz addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER / r' `� Date: � STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: —� The foregoing instrument was acknowledged before me this s fih day of Juf , 2004, by Lu .\� �Gt� �4 'Law e_nc2 MY commission expire (�1 � ! •�L�jC�� Notary Public Pa(ye 2 of 3 Revised 6/23/04 0 0 SYMBOLS / \ ID POLE p O SIGN o MANHOLE Ur ♦ MAILBOX \ e LOCATED OELECT ♦ TRAFFIC POLE • na H%"T y& Route OLD $RA[ Si. RTE. 672 n y fl� a o a a d 0 Zoned: R ' A n Uee ReWdentiO georbroek Prcebyte on Chureh 33—A-1 �o Zoned: RA Us c Rdi j / e2fl p f z / E I` = nr. LV7 P. - 197 AC ' 71IIIlD aDdob T w LP. 7D.6.i7 SL !T. Lords ape I 7n1.t ea / .c BuFfer W uCarM.s �e / O A e r= r � a 2 my of Frederick 33—A—T628 Q J 20nea: RA / - U c Cleor4rook Park / R,.bn Buffer �. r VOLLEYBALL P y'� Ilan flick 33—A-164B Zoned: RA • Retntial a .o WILLIAM H. LAWRENCE, III PROP£R7' giber# w. tif#ord A amckries a diuision of G'fIVERAlZffl DEVEfOPMEHT PLAN Patton, ftris, Rust & Assocsates, pc _ FREDDRi�k OLWY OR',iNiA VCMGE (S�Oj 869-2139 f (s�oj ssss Sheet 3 OF 3 • 0 REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H. Lawrence, III 3416 Martinsburg Pike Clearbrook, Virginia Preliminary Matters Pursuant to Section 15.2-2296 et. Se ., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 0*7 -04 for the rezoning of 1.965 acres from the present RA to B-2. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The Generalized Development Plan (GDP) attached to this proffer shows current uses only; an end user has not been identified at the time of rezoning. The GDP shows the location of site improvements proffered by the applicant that will be applicable to all future uses. These improvements are identified by numeric labels on the GDP that correspond with associated proffer text. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffer that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 1.965 acre tract near Clearbrook, Virginia in the Stonewall Magisterial District of Frederick County, Virginia from existing RA to B-2 the undersigned will pay to Frederick County, at the time a building permit is issued for the first future use, a lump sum payment of two thousand dollars ($2,000.00) for Fire and Rescue Company and two thousand dollars ($2,000.00) for Sheriff's Office. Prohibited Uses on This Site In reviewing the types of use allowed in the B-2 zone, the owner has determined certain classes of uses are inconsistent with good planning on this site. The undersigned owner shall voluntarily prohibit the following uses from existing on the subject properties: SIC 55 Automotive dealers and gasoline service stations including truck stop facility SIC 721 Laundry, dry-cleaning and garment services SIC 7542 Canvash as a Primary Use Page 1 of 3 Revised 6/23/04 Revised 7/27/04 gilbert w. clifford Associates a divlsion of Patton Harris Rust & Associatos,pc Engineers, Surveyors. Planners. Landscape Architects, + 117 East Piccadlly Street, Suite 200 Winchester, Virginia 22601 P HT 540.667.2139 F 640.665.0493 To: Chris Mohn From: Thomas Price Date: July 29, 2004 Project Name/Subject: Lawrence Rezoning PHR+A Project file Number: cc: Chris Revised and Signed Proffer Statement per Staff Revisions Thanks Tom Price Memorandum REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H. Lawrence, III 3416 Martinsburg Pike Clearbrook, Virginia Preliminary Matters Pursuant to Section 15.2-2296 et. Seq.,of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 07— for the rezoning of 1.965 acres from the present RA to B-2. Development of the subject property shall be done in conformity with dze terms and conditions set fords herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The Generalized Development Plan (GDP) attached to this proffer shows current uses only; an end user has not been identified at the time of rezoning. The GDP shows an entrance location proffered by the applicant and a 20' road landscape buffer. Future use of the property shall be identified in accordance with the site plan requirements of Frederick County. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffer that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 1.965 acre tract near Clearbrook, Virginia in the Stonewall Magisterial District of Frederick County, Virginia from existing RA to B-2 the undersigned will pay to Frederick County, at the time a building permit is issued for the first future use, a lump sum payment of two thousand dollars ($$2,000.00) for Fire and Rescue Company and two thousand dollars ($2,000.00) for Sheriffs Office. Prohibited Uses on This Site In reviewing the types of use allowed in the B-2 zone, the owner has determined certain classes of uses are inconsistent with good planning on this site. The undersigned owner shall voluntarily prohibit the following uses from existing on the subject properties: SIC 41 Local and suburban transit and interurban highway passenger transportation SIC 42 Motor freight transportation and warehousing SIC 45 Transportation by air SIC 55 Automotive dealers and gasoline service stations including truck stop facility SIC 721 Laundry, dry-cleaning and garment services Page 1 of 3 Revised 6/23/04 Sheet 3 OF gilbert w. di fford &'!associates a division of Patton H arris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects, P � 117 East Piccadilly Street, Suite 200 Winchester, Virginia H T 540 667.2139 F 540.665.0493 Memorandum To: Mark Cheran From: Thomas Price Date: August 23, 2004 Project Name/Subject: Lawrence Rezoning PHR+A Project file Number: cc: Mark Latest revised proffer of Lawrence Rezoning changing the deciduous shrubs to evergreen, as requested by the Board of Supervisors. If I can answer any questions, please give me a call. Thanks Tom Price AMENDMENT Action: PLANNING COMMISSION: July 21, 2004 - Recommended Approval BOARD OF SUPERVISORS: August 11, 2004 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #07-04 OF WILLIAM H. LAWRENCE, III WHEREAS, Rezoning #07-04 of William H. Lawrence, III, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 1.965 acres from RA (Rural Areas) District to B2 (Business General) District. This property is located south and adjacent to Clearbrook Presbyterian Church on the east side of Martinsburg Pike (Route I 1 N), surrounded to the east and south by Clearbrook Park, and is identified with Property Identification Number 33-A-162 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on July 21, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 11, 2004; 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 1.965 acres from RA (Rural Areas) District to B2 (Business General) District, 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 # 11-04 • This ordinance shall be in effect on the date of adoption. Passed this 11`h day of August, 2004 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gina A. Forrester Aye Gary Dove Aye W. Harrington Smith, Jr. Deceased Bill M. Ewing Aye Lynda J. Tyler Aye A COPY ATTEST J John R. ' ey, Jr. Frederick County Administrator PDRes. #11-04 REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H. Lawrence, III 3416 Martinsburg Pike Clearbrook, Virginia Preliminary Matters Pursuant to Section 15.2-2296 et. Seq.,of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 07-04 for the rezoning of 1.965 acres from the present RA to B-2. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The Generalized Development Plan (GDP) attached to this proffer shows current uses only; an end user has not been identified at the time of rezoning. The GDP shows the location of site improvements proffered by the applicant that will be applicable to all future uses. These improvements are identified by numeric labels on the GDP that correspond with associated proffer text. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffer that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 1.965 acre tract near Clearbrook, Virginia in the Stonewall Magisterial District of Frederick County, Virginia from existing RA to B-2 the undersigned will pay to Frederick County, at the time a building permit is issued for the first future use, a lump sum payment of two thousand dollars ($2,000.00) for Fire and Rescue Company and two thousand dollars ($2,000.00) for Sheriff's Office. Prohibited Uses on This Site In reviewing the types of use allowed in the B-2 zone, the owner has determined certain classes of uses are inconsistent with good planning on this site. The undersigned owner shall voluntarily prohibit the following uses from existing on the subject properties: SIC 55 Automotive dealers and gasoline service stations including truck stop facility SIC 721 Laundry, dry-cleaning and garment services SIC 7542 Carwash as a Primary Use Page 1 of 3 Revised 6/23/04 Revised 7/27/04 NOTES RECEIPT RECEIVED FRO�M� ADDRESS � a5� TE c� - r �T NO. o vV n ACCOUNT HOW PAID CAML OF CASH ACCOUNT AMT. CHECK l( Cl/ PAID F BAIANCE MONEY DUE_ ORDER JAYA COMPANY LLC DBA OLDE STONE TRUCK STOP 3425 MARTINSBURG PIKE CLEAR BROOK, VA 22624 (540) 667 0020 855964 K)2001 raRI—ECRm,11 SLHIU 66-426/514 11691 DATE (061 lei I I TO THE PAY Se$ORDER O��N�GCAso ).t91 �liw►Q� — — DOLLARS Smnty features BRANCH BANIONG AND TRUST COMPANY a � Details onbed e L �nWINCHESTER,VA22602 tads MEMVVVV 1 1'�11�'' .0 1 OID AFTER 90 DAYS IMORIZEb SIGNATURE II80 L L69 LII■ I:OS L404 2601:0000 LS88040SOII' Jun 14 04 01:03p g.w. clifford & assoc. 540-665-0493 p.2 r�• Rezoning Comments Lawrence )Frederick County Departixxent of Parks & Recreation Mail to: Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, 'VA 22601 (540)665-5678 Hand deliver to: Frcderick County Department of Parks & Recreation Co. Administration Bldg., 2nd Floor 107 North bent Street Winchester, VA 22601 Applicant: P16as.e fill out . the :idortatxox�: as accurat01' . ,s: possible in' order. to assist .the Department of barks & Recreation,:: witli. ` eir review. AttaeW.A"copy of your application form; loCatiaa ma rffer,state�tent,;iaagi at;ana'1 sis audit, oth �',: ��r;;p artalt>enf inforxn.atlo>a�. Applicant's Name: Gilbert W. Clifford & Assoc. Phone: b40)667-2139 Mailing Address: c/o C. F, Maddox Jr. P-E. VP 1.17 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. Route 11, surrounded to the east and south by Clearbrook Park, Current Zoning: RA Zoning Requested: B-2 Acreage: 1.965 Dept. of Parks & Recreation Comments: Signature & Date: Notice to Dept. of Parks & Recreation — Please Return This Form to the Applicant 13 S �� r4i�I-RWIIICK CO U Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 27, 2004 Mr. Charles Maddox Gilbert W. Clifford & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: REZONING 407-04, LAWRENCE REZONING Dear Chuck: This letter is to confirm that revised proffers were received in our office on August 23, 2004, changing the deciduous shrubs to evergreen, as requested by the Board of Supervisors Please do not hesitate to contact this office if you have any questions regarding this rezoning application. Sincerely, ,: I//1" 'Mark R. Cheran Zoning & Subdivision Administrator MRC/bad cc: -,William H. Lawrence, III, PO Box 8, Clearbrook, VA 22624 ,-'Lynda J. Tyler, Board of Supervisors, Stonewall District --rhn Light, Stonewall District Planning Commissioner em: �C axles S. DeHaven, Jr., Stonewall District Planning Commissioner 107 North Dent Street • Winchester, Virginia 22601-5000 Jun 14 04 01:04p g.w. clifford & assoc. 0 540-665-0493 a p.3 LA.WRENCE REZONING COMMENTS Department of Parks & Recreation Comments: This parcel lies adjacent to the llicrlic areas of C1earbrook Park. As outlined in the Planning Department's "Northeast Land Use Plan," Clearbrook Park is identified as a developmental sensitive area and must be considered when entertaining the rezoning of adjacent property. Also, staff is recommending that the proposed landscape buffer be comprised of evergreens which will provide a year-round visual buffer. Parks & Recreation Signature and Date: ! G ma_- 25 04 06:05a 1 I\emu wllll. JLI\V IIV IIIU I\1 I 1 UTU IGG 11UJ C.w. clifFord & assoc. Sip-FF�-nao0 ReZOn�na C omme-p,S -- - Lawrence :e;=rick-Winck'ster Service Autl�oriiy Mail try. %fans# deliver to: Fred-Wir;r _Sell.: e Authority I'TCd-- inc Service Authority Ann; .Jesse W. MofrM �xec�tibe ireCfar �itt�: Jesse W, Moften P.O. Box 43 WincheMer, VA 22604 107 North Kew Street (54Uj722-357� Winchester, VA 22601 Departmit of PtitTltc: 4i!orki'i� : Baia;;proi";iec-�tataii�ea��.i2 �r��`Icly'-;as.�:�pbsxivie•:.i{ Ora�x'- to ' �sist�' #he . Ei.$;;caiiv;�€your`��i�siicatirriq iornn:tocafian iser prat Applicant's Name: Gilbert W. Clifford Vic. Assoc Phone: {540)667-2139 Mailing Address: clo C.T. Maddox ir. P.E., VP 117- E. Pieeediily Street, Suite 200 1 Winchester, V A 22601 Location, of PToperty: Svµt1; and adja,;cnt to Cleasbrook Presby simian Chu-eit'on the cast side of U.S. Route 11, surrounded to t-he cast and south by Clcarbruok Park, Currcnt Zoning: RA Zoning Requested: B-2 Acreage: 1.965 Fred -Wine S -nic Amthoritv`s-Comrwents: Fred-W"ine Ser-Me A i Signature & Date-. Notice to Frets Service Aumh6rity- ftav_n RL'tu=This-.tonne to the Applicant 21 P•2 Page 1 of 2 1 Thomas W. Price From: Chris Mohn [Cmohn@co.frederick.va.us] ' Sent: Thursday, May 20, 2004 5:31 PM To: Thomas W. Price Cc: Copp, Jerry; Ingram, Lloyd Subject: Lawrence Rezoning - Preliminary Comments Tom, 'RA (Rural Areas to B2 I have reviewed the subject rezoning proposal, which seeks to rezone 1.965 acres from (R ) (Business General). The property is located east of Martinsburg Pike (Route 11 North) and south of the 'Clearbrook Presbyterian Church property, approximately 150 feet south of the intersection of Martinsburg Pike and Brucetown Road (Route 672), in the Stonewall Magisterial District. The property is further bounded by Clearbrook Park to the east and south. The property is identified by PIN 33-A-162. ' The subject property is located wholly within the Sewer and Water Service Area (SWSA), and is included within the boundaries of the Northeast Land Use Plan (NELUP). The NELUP does not expressly identify a ' planned land use for the subject parcel, although commercial and office uses are generally supported along the Route 11 North corridor if compatible with surrounding land uses. Therefore, particular attention is necessary to ensure that prospective commercial sites are properly designed when adjoined by residential, public, and/or ' institutional land uses. It is noted that the subject site is adjacent to both a church and public park. (Comprehensive Policy Plan, p. 6-38, 6-38.2) The following preliminary comments are offered to assist in the finalization of this rezoning petition: Access Management ' The preliminary application materials propose two (2) entrances to the site from Martinsburg Pike. It is recommended that the site be limited to one (1) entrance to minimize conflict points for traffic along this section ' of Martinsburg Pike. This issue is especially significant given the multiple access points used by the existing commercial use located on the opposite side of the road from the subject site. Moreover, limiting access to a single entrance would conform with the transportation policies of the Northeast Land Use Plan, which ' encourage minimizing new driveways and access points on Martinsburg Pike to reduce traffic disruptions. (Comprehensive Policy Plan, p. 6-38.2) Landscaped Buffer It is recommended that a detail of the proffered 20-foot landscaped buffer be provided to guide future implementation activities. Adjoining Properties/Land Use Compatibility ' As noted above, the subject site is adjacent to both a church and public park. Pursuant to Section 165-37 of the Zoning Ordinance, a zoning district buffer is not required on B2 zoned land that is located adjacent to RA zoned ' land unless the RA property is used residentially. A buffer will therefore not be required on the subject site against either the church or public park. To ensure conformance with the compatibility policies of the NELUP, • the provision of a heavily landscaped buffer with berm adjacent to the church and park properties would ' arguably be appropriate. Should the applicant decide to address compatibility via such boundary treatments, it is recommended that a detail or cross-section of any planned buffer areas and/or screening be included with the 1 5/21/2004 application. 0 Page 2 of 2 Martinsburg Pike (Route I 1 North) OIt is noted that the proposed rezoning does not provide for any improvements to Martinsburg Pike. In particular, the application does not include a turn/taper lane on the northbound side of the roadway to facilitate safe and efficient site access. Moreover, the NELUP envisions the expansion of Martinsburg Pike to a four - lane roadway, the realization of which may require additional right-of-way along the corridor. It is ' recommended that the applicant consult with the VDOT Edinburg Residency concerning the adequacy of the existing right-of-way along this segment of Martinsburg Pike. (Comprehensive Policy Plan, p. 6-38.2) I Please do not hesitate to contact me should you have questions or concerns regarding this correspondence. ' Sincerely, Chris Christopher M. Mohn, AICP Deputy Planning Director County of Frederick, Virginia 107 North Kent Street ' Winchester, VA 22601 540.665.5651 (voice) 540.665.6395 (fax) ' cmohn@co.frederick.va.us P 1 5/21/2004 0 • COUNTY of f+ REDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 April 29, 2004 Mr. Chuck Maddox 1 Gilbert W. Clifford & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 ' RE: Lawrence Rezoning The Old Woolen Shop on Martinsburg Pike Zoning District: RA (Rural Areas) Dear Mr. Maddox: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of April 20, 2004. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report as well as information given by the applicant. Historic Resources Advisory Board Concerns The subject parcel currently contains the Old Woolen Shop and although it is not listed in the Rural ' Landmarks Survey Report (due to not being part of the time frame that the Survey covered), it is a significant part of the landscape and it is adj acent to the Clearbrook Presbyterian Church (#34-708) which is listed as potentially significant. The origin of the Woolen Shop building is not completely known, however, it has been part of the cormnunity since the 1930's. The HRAB recognizes that this structure is an historic and significant piece of the Martinsburg Pike ' corridor. If this property is developed for commercial use, the HRAB suggests the following be considered to mitigate impacts on historic resources: ' Existing Structures: The existing buildings on the site should be incorporated into the development proposal instead of demolishing it to build a new commercial building. I Screening: The new commercial use should be screened from the adjacent church; the use of a dense vegetative screen should be considered. 1 107 North bent Street m 'Winchester, Virginia 22601-5000 1 I • Mr. Chuck Maddox Re: Lawrence Rezoning ' April 29, 2004 Page 2 Building Facade: If a new building is constructed on the site, it should complement the surrounding historic properties. The HRAB suggests the applicant consider using materials that are similar to what is found on the existing building. Commercial Use: Very few uses have been proffered out for this proposal. Consideration should be taken to identify more uses that would not be appropriate for this site based on its location to and the adjacent historic properties. In addition, the new use of the building should not put any hardships on the adjacent church. Building Location: If the existing structure is removed from the property, consider moving the new building forward and place the parking at the rear of the property. Also consider the possibility of not using a berm at the front of the property in the 20' landscape easement along Martinsburg Pike. ' Historic Marker: If the intent is to remove the structure from the property, an historic marker with a photograph of the original building should be placed on the property. Please contact me with any questions concerning these comments from the HRAB. Sincerely, Candice E. Mills Planner I CEM/bad cc: Bessie Solenberger, HRAB Chairperson Lynda Tyler, Stonewall District Supervisor Chris Mohn, Deputy Director Phoebe Kilby, Sympoetica 0 • ' Rezoning Comments Lawrence Frederick County Inspections I M n L1 Mail to: Frederick County Inspections Dept. 107 N. Kent Street Winchester, VA 22601 (540) 665-5651 Hand deliver to: Frederick County Inspections Dept. Co. Administration Bldg., 40' Floor 107 N. Kent Street Winchester, VA 22601 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: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. Route 11, surrounded to the east and south by Clearbrook Park. I Current Zoning: RA Zoning Requested: B-2 Acreage: 1.965 Inspection Department's Comments EyIEL Signature & Date: Novi t Inspections Dept. — P se Return is F rm to the Applicant /01 yam; 24 0 0 � I � I I I P d Rezoning Comments Lawrence Frederick County Department of Parks & Recreation Mail to: Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation Co. Administration Bldg., 2nd Floor 107 North Kent Street Winchester, VA 22601 Applicant• r'Please fill out the information as accurately as 'possible in order. tc� `assist the;; Department of parks &Recreation with itheir r�vlevw ' Attach a copy of your'aiiication form, location map, p-offer'sta�einent,;impact analysis, and a�ip-other pertinentigforuiatioi��:' t '' Applicant's Name: Mailing Address: Location of Property: Gilbert W. Clifford & Assoc c/o C. E. Maddo& Jr P E VP 117 E. Piccadilly Street Suite 200 Winchester VA 22601 Phone: k540)667-2139 South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. Route 11, surrounded to the east and south by Clearbrook Park. ICurrent Zoning: RA Zoning Requested: B-2 Acreage: 1.965 4 Dept. of Parrs & Recreation Comments: This parcel lies adjacent to the picnic areas of Clearbrook Park. As outlined in the Planning Department's "Northeast Land Use Plan," Clearbrook Park is identified as a developmental sensitive area. -and must be considered wen entertaining Me adjacent property. Signature & Date: Notice to, D10. of Parks & Recreation — Please Return This Form to the Applicant 13 0 • Frederick County Department of Public W Mail to: Frederick Co. Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, VA 22601 (540)665-5643 Hand deliver to: Frederick Co. Dept. of Public Works Attn: Director of Engineering Co. Administration Bldg., 4 Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. Route 11, surrounded to the east and south by Clearbrook Park. Current Zoning: RA Zoning Requested: B-2 Acreage: 1.965 Department of Public Work's Comiqents: Public Works Signature & Date7'Mf 1 Notice to Dept. of Public W 4 1+I 410+ Please Return This Form to the Applicant 10 � I � I I I I I I I is it 11 II REGIONq< �o WINCHESTER REGIONAL AIRPORT -= SERVING 491 AIRPORT ROAD THE TOP OF VIRGINIA WINCHESTER, VIRGINIA 22602 �4rn c l (540) 662-2422 April 13, 2004 G. W. Clifford & Associates, Inc. % Charles E. Maddox 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 ne: Rezoning COi iimvritS William H. Lawrence, III Property Clearbrook Woolen Mill Stonewall Magisterial District Dear Mr. Maddox: The above referenced proposal has been reviewed and it appears that the proposed site plan will not impede operations at the Winchester Regional Airport. While the proposed development lies within the airport's airspace, it does fall outside of the airport's Part 77 surfaces. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director A 1 r LJ Rezoning Comments Lawrence Winchester Regional Airport Mail to: Hand deliver to: Winchester Regional Airport Winchester Regional Airport Attn: Executive Director Attn: Executive Director 491 Airport Road 491 Airport Road Winchester, VA 22602 Winchester, VA (540) 662-2422 Apphcanf Please fill_out-. mforivation as accurately. as possible in order to assist the Winchester Regional: Airport with their:; review: , Attach a copy _ of your .application . form; aocation map; proffer statement, iinpact'analysis; and any.other pertinent information Applicant's Name: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. Route 11, surrounded to the east and south by Clearbrook Park. Current Zoning: RA Zoning Requested: B-2 Acreage: 1.965 1 Winchester Regional Airport's Comments Winchester Regional Airport Signature & Date:aQ 1UAL=el ice. 1at(Y� t u 4] 13 12col, Notice to Winchester Regional Airport -Please Return This Form to the Applicant 1 20 Control number RZ04-0004 Project Name Clearbrook Woolen Mill Address 117 E. Piccadilly Street Type Application rezoning Current Zoning RA Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Not identifiable without a site plan Access Comments Frederic!,, County ire and Rescue epartt-nent Office of the Fire Mial—Shal Plan Revievi► and Comments Date received Date reviewed Date Revised 3/17/2004 4/3/2004 Applicant Gilbert W. Clifford & Associates City State Zip Applicant Phone Winchester VA 22601 540-667-2139 Tax ID Number Fire District Rescue District 33-A-162 13 13 Recommendations Automatic Fire Alarm System Yes Requirement's Hydrant Location Adequate Roadway/Aisleway Width Not Identified Election District Stonewall Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Additional Comments It is possible that additional fire hydrants and fire protection may be required dependent on the type and size of any new structures. it is difficult to identify whether the proffer amount is an appropriate amount without Knowing what specific occupancy would be constructed. Plan Approval Recommended Reviewed By Signature � l Yes K. Steudl Title • IIF C RVFn, MO � 7 0 00A Rezoning Comments Lawrence Mail to: Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540)665-6350 Frederick County Fire Marshal Hand deliver to: Frederick Co. Fire & Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., I" Floor 107 N. Kent Street Winchester, VA 22601 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: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr.. P.E., VP 117 E. Piccadilly Street, Suite 200 ' Winchester, VA 22601 Location of Property: South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. Route 11, surrounded to the east and south by Clearbrook Park. ICurrent Zoning: RA Zoning Requested: B-2 Acreage: 1.965 I Fire Marshal's Comments: Fire Marshal's Signature & Date Notice to Marshal — Please Return This Form to the Applicant 12 Rezoning Comments Lawrence • Frederick — Winchester Health Department Mail to: Hand deliver to: I Frederick -Winchester Health Dept. Frederick -Winchester Health Dept. Attn: Sanitation Engineer Attn: Sanitation Engineer 107 North Kent Street 107 North Kent St., Suite 201 ' Winchester, VA 22601 Winchester, VA 22601 (540) 722-3480 (540) 722-3480 II a 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: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. Route 11, surrounded to the east and south by Clearbrook Park. ICurrent Zoning: RA Zoning Requested: B-2 Acreage: 1.965 Frederick — W Health Department's Comments: �1li C. r7 i-e !�(lu I e,7 :�'07� r �_ l d a20 G✓c l ( � � /7-e Signature & Date: Notice Department — Please Return This Form to the Applicant I �] 1-4-- • 0 Rezoning Comments Lawrence Virginia Department of Transportation IN Mail to: Hand deliver to: Virginia Dept. of Transportation Virginia Dept. of Transportation Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 14031 Old Valley Pike Edinburg, VA 22824 Winchester, VA 22601 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: Mailing Address: Location of Property: Gilbert W. Clifford & Assoc. c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone:(540)667-2139 South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. IRoute 11, surrounded to the east and south by Clearbrook Park. LJ Current Zoning: RA Zoning Requested: B-2 Acreage: 1.965 Virginia Department of Transportation Comments: See attached VDOT comments dated March 31, V DOT - Edinburg Residenrtv VDOT Signature & Date: O V `11 - Notice to Advisory Board — Please MAR 2 2 2004 This Form to the Applicant 1 r� s.COMMONWEALTH of VIRCjINIA I DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE JERRYA. COPP ' COMMISSIONER EDINBURG, VA 22824 RESIDENT ENGINEER TEL (540) 984-5600 March 31, 2004 FAX (540) 984-5607 IVDOT Comments to Lawrence Rezonin The documentation within the application to rezone this property appears to have a measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Lawrence Rezoning Application dated March 16, 2004 addresses transportation concerns associated with this request. • VDOT feels a single entrance to this property would be more appropriate as the proposed northern entrance is too close to the intersection of Routes 11 and 672, creating disproportional conflict points. ' VDOT requests required traffic intersection improvements be proffered proportionally to anticipated traffic generated by the site determined by the Traffic Impact Analysis and the I.T.E. Trip Generation Manual, Seventh Edition. 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, Seventh Edition for review. VDOT reserves the right to comment on all right-of- way needs, including right-of-way dedications, traffic signalization, and off -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. Thank you for allowing us the opportunity to comment. 1 ;f l- �t Lloyd A. Ingram • Transportation Engineer LAUrf Enclosure — Comment Sheet VirginiaDOT.org WE KEEP VIRGINIA MOVING i i� � I � I I I I I Il iM 11 11 11 Rezoning Comments Lawrence Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, VA 22601 (540) 665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, VA AppLcantt. Please filF.out the,informatian as accurately, as possible.in order to assist the -County Attorneys office .with their. review . Attach'a copy .of your application form, locations map,: proffer -statement, impact,analysis and any other pertinent information Applicant's Name: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox Jr., P.E. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. Route 11, surrounded to the east and south by Clearbrook Park. Current Zoning: RA Zoning Requested: B-2 County Attorney's Comments: Assistant County Attt ey's Signature & D e- Notce.t County Attorney.-- MAR 1 1 2001, COMMONWEAI.THIS ATTORND MEDERICK COUNTY Acreage: 1.965 .3 ease return ,This Form to the Applicant 7 Rezoning Comments Lawrence Superintendent of Frederick Co. Public Schools Mail to: Hand deliver to: Frederick Co. Public Schools Frederick Co. Public Schools Attn: Superintendent Attn: Superintendent P.O. Box 3508 School Administration Bldg. Winchester, VA 22604 1415 Amherst St. (540) 662-3888 Winchester, VA 22601 Apphcant Please .:fill out the information as accurately as possible m order to assist the Superintendent of : Public Schools with his review: Attach 4 copy:_: of ' your application form; location map, proffer`statement; impact analysis,. -and any other pertinent information: Applicant's Name: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. Route 11, surrounded to the east and south by Clearbrook Park. 1 Current Zoning: RA Zoning Requested: B-2 Acreage: 1.965 I i Superintendent of Public Schools' Comments: CV /Z�111 :- 7tIz- Superintendent Signature & Date Notice to School Superintendent Please Return .This Form to the Applicant r- 10:1 eL 14 • ID Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick Co. Sanitation Authority Frederick Co. Sanitation Authority Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, VA 22604 Stephens City, VA (540) 868-1061 CSA Wa 18 Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South and adjacent to Clearbrook Presbyterian Church on the east side of U.S. Route 11, surrounded to the east and south by Clearbrook Park. Current Zoning: RA Zoning Requested: B-2 Acreage: 1.965 Sanitation Authority Comments: ND �DiLCifi1.F/V% Sanitation Authority Signature & Notice to Sanitation A ` /F-�1i, — Please Return This Form to the Applicant C% 15 0 L� OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed William H. Lawrence III Property located along Martinsburg Pike (Route 11), south of Hopewell Road, in Frederick County, Virginia. The site proposes 20,000 square feet of retail development located along the east side of Martinsburg Pike (Route 11). Build -out is anticipated to occur over a single transportation phase by the year 2006. Methodology The traffic impacts accompanying the William H. Lawrence III Property were obtained through a sequence of activities as the narratives that follow document: , • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for the proposed William H. Lawrence III Property site, • Distribution and assignment of the William H. Lawrence Property generated trips onto .the study area road network, • Analysis of capacity and level of service using the newest version of the highway capacity software, HCS-2000, for existing and future conditions. EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersections of Route I I/Brucetown Road, Route 11/Hopewell Road, Hopewell Road/I-81 northbound ramps and Hopewell Road/I-81 nouhbound ramps. To determine the existing ADT (Average Daily Traffic) along each of the study area roadway links, PHR+A utilized recently conducted 24-hour traffic counts along Route 11 to calculate a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 8.3%. Figure 1 shows the existing ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 2 shows the respective existing lane geometry and AM/PM peak hour levels of service. All traffic count data and HCS-2000 levels of service worksheets are included in the Appendix section of this report. A Traffic Impact Analysis of the William H. Lawrence III Property PH R+A April, 200 Page I # 0 No Scale �p4 0 4-/ L 1q b 33 (26)S2 �28(1 o) (2S)22 �► (IDS) - 34(SS) (5092 I49(IS9 HN N �32(43) ti J� ) o pekell �.80(94) Oad 1 , 1 BraceL— oa ,q � ti 3're'Drive #I 11 ste SITE fIo tiry q�` Pety eljRoad (lSS)7S (S2)33 i b a f ,y AM Peak Hour(PM Peak Hour) Average Daffy Tkips Figure I Existing Traffic Volumes PHRA A Traffic Impact Analysis of the William H. Lawrence III Property April 22, 2004 Page 2 0 a No Scale �4 0�4 5� Unsignalized Intersection i� �(A)A Unsignalized Intersection NOpe}vel! 12oad Unsignalized Intersection d B(s)* SITE �ryve #2 AM Peak Hour(PM Peak Hour) * Denotes Critical Unsignalized Movement A Denotes continuous two-way left -turn lane Figure 2 . Existing Lane Geometry and Level of Service A Traffic Impact Analysis of the William H. Lawrence III Property April 22, 2004 Page 3 0 0 2006 BACKGROUND CONDITIONS Existing traffic volumes were increased along study area roadways using an historic growth rate of 5% per year (compounded annually) through Year 2006. Figure 3 shows the 2006 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 4 shows the respective 2006 background lane geometry and AM/PM peak hour levels of service. HCS-2000 levels of service worksheets are provided in the Appendix section of this report. PHR+A utilized the report titled: A Tra6qc Impact Analysis ofMauland & Virg Milk Producers Facility, by PHR+A, dated October 6, 2003, to incorporate all trips relating to "other developments" located within the vicinity of the proposed William H. Lawrence III Property site. Based upon the information published in the previously referenced report; PHR+A has provided Table 1 to summarize the 2006 "other developments" trip generation. Figure A is included in the Appendix to show the background trip distribution percentages. Table 1 Maryland & Virginia Milk Producers Trin (,anPrafinn Cnmmnry AM Peak Hour PM Peak Hour ADT In Out Total In Out Total Land Use Source of Trips Delivery Trucks 10 20 30 20 10 30 150 Milk Processing/ Employees 40 2 42 2 40 42 135 Distribution Center Visitors 3 1 4 1 3 4 35 Total Trips 53 23 76 23 53 76 320 TRIP GENERATION The total trips produced by and attracted to the William H. Lawrence III Property were established using equations and rates provided in the 7t' Edition of ITE's Trip Generation ReRort. Table 2 summarizes the trip generation results for the proposed William H. Lawrence III Property. Table 2 William H. Lawrence III Property Trip Generation Summary ITE Weekday - Code Land Use Amount AM Peak Hour PM Peak Hour ADT In Out Total In Out Total 820 Retail 20,000 SF 36 23 60 104 113 216 2,386 Total Trips 1 36 23 60 104 113 216 2,386 PHRA A Traffic Impact Analysis of the William H. Lawrence III Property April 22, 2004 Page 4 No Scale Figure 3 AM Peak Hour(PM Peak Hour) 2006 Background Traffic Volumes PH R1� A Traffic Impact Analysis of the William H. Lawrence III Property April 22, 2004 Page 5 No Scale Unsignalized Intersection rt r M 0 Figure 4 I 0 w b Unsignalized �i Intersection XOpeµ ell Road Unsignalized Intersection Q d t;>B(C)* la r AM Peak Hour(PM Peak Hour) * Denotes Critical Unsignalized Movement Denotes continuous two-way left -turn Ian( 2006 Background Lane Geometry and Level of Service A Traffic Impact Analysis of the William H. Lawrence 111 Property April 22, 2004 PH Page 6 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 5 to assign the William H. Lawrence III Property trips (Table 2) throughout the study area roadway network. Figure 6 shows the respective development -generated AM/PM peak hour trips and ADT assignments. 2006 BUILD -OUT CONDITIONS The William- H. Lawrence assigned trips .(Figure 6) were added to the 2006 background traffic volumes (Figure 3) to obtain 2006 build -out conditions. Figure 7 shows the 2006 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 8 shows the respective 2006 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. CONCLUSION The traffic impacts associated with the William H. Lawrence III Property site are acceptable and manageable. During 2006 build -out conditions, the intersection of Hopewell Road/ Route 11 will maintain levels of service "E" or better. All of the remaining analyzed intersections will maintain levels of service "C" or better. Figure 8 shows the addition of a traffic signal at intersection Hopewell Road/Route 11 which will maintain levels of service of "C" or better. A Traffic Impact Analysis of the William H. Lawrence III Property HP April 22, 2004 7 7 • • -I- Figure 5 Trip Distribution Percentages p HRA A Traffic Impact Analysis of the William H. Lawrence III Property April 22, 2004 Page 8 AM Peak Hour(PM Peak Hour) +nTrips Figure 6 Development -Generated Trip Assignments j� A A Traffic Impact Analysis of the William H. Lawrence III Property P - f�+ \ Apri122, 2 e 9 t TTT��� Page 9 No Scale 11 ` �^o� xopegell �4 ry4gL ROad (2p3)I29 �O S (133)64 i Ln, O 4--/� I, 38028) � �I 8(.j _ C290)6 ti S6CII5 (I37) 3,y 192C25I) NoPetveliRo M o a� ad �00 184(155) cu 0 O �fi4 ti� ti ` C/j L S'te'Dtive #! N Q site D SITE 1 j L10(51 S �2(6) ) nve2 Unsignalized ' - ; Intersection j Site- D rive #1 b q 17; b� L9(45) Unsignalized Intersection �e site- ' c a AM Peak Hour(PM Peak Hour) +n , Figure 7 }: PHf-�+A 2006 Build -out Traffic Volumes A Traffic Impact Analysis of the William H. Lawrence III Property April 22, 2004 Page 10 Impact Statement June 23, 2004 The Clearbrook Woolen Mill owned by Mr. William Lawrence and family has historically been involved with manufacturing, wholesaling and retailing woolen products since 1939. With the elimination of woolen manufacturing, the majority of the property was sold to Frederick County for use as the Clearbrook Park and approximately 1.965 acres were reserved for continuing commercial activities that began in 1946. It is now the owner's intention to bring the zoning of the property to be consistent with commercial nature of the property. Attached is a location map, Figure 1, and a site plat with topography, Figure 2. This site is shown on the Frederick County Comprehensive Policy Plan for business use. - Figure 3 provides an insert look at the North East Land Use Plan and this location. Site characteristics are generally level with Clearbrook Run flowing along the southern boundary of the property. This stream valley includes wetlands and will be preserved by the county required riparian buffer. Figure 4 provides a generalized land use plan for the property. Site access will be restricted to one commercial entrance as shown on Figure 4 with alignment during site plan to meet VDOT and Frederick County requirements. It is anticipated that any change of the use of the property will require VDOT land use permit procedures which will involve edge widening of Route 11 and improvements as normally required by VDOT. i The owner believes this site may change in use in the future however, no specific use is planned for this rezoning. Close review of the "allowed uses" in the B-2 zone has prompted the owner to voluntarily restrict certain uses on the site. The following uses shall not be proposed for use on the site: Golf driving range (SIC 7999) Self service storage facilities Commercial Batting Cages Adult retail uses under CUP. The owner has consistently cooperated with the Frederick County Sanitation Authority in providing easements and rights of ways as shown for the installation of regional water and sewer utilities. It is anticipated with the completion of the Clearbrook water and sewer extensions connecting the northeast regional water plant and the sewer force main currently existing at the site that access for an existing or future commercial use capacity would be provided by the Frederick County Sanitation Authority. Site drainage can be easily handled by discharge release to the stream channel existing on site with appropriate storm water management design as required by the Frederick County Department of:Public Works. 0 0 Solid waste will be transferred to the Frederick County Landfill facility by commercial carrier. The site has some historic importance as it exists along the Valley Pike (U.S. Route 11) and was used in a woolen goods producing activity for at least 65 years. There are no listed sites of historic importance on the site in the Frederick County register. Since the site will be devoted entirely to commercial purposes the impact model produced for this project exerts a positive economic impact on the Frederick County budget. It is not anticipated that this project will have any measurable impact on existing residential uses since the land use surrounding the site does not include a residential component. We appreciate Frederick County considering and approving this rezoning petition. Sincerely, GILBERT W. CLIFFORD & ASSOCIATES C. E. Maddox, Jr., P.E., Vice President 1 4 Project/ -• �r .�. �- , Site.Q�o©Y I F 1 ' ,may `+�' ,� , � � �' ,��� �� � � � e,•..' �, C ,` , 16 �t,a t Jc' j W/LL/AM H. LAWRENCE, ll/ PROPERTY gilbert w. clifford do associates a division of o LOCATION MAP Patton, Harris, Rust & Associates, pc 117 E. Ficodilly St. 'Kmchester, Virginia 22601 FREDERICK COUNTY WGIN64 VOICE: (540) 667-2139 FAX: (540) 665-0493 Figure 1 d r • • S YMBOLS LE O LG'• OXED OB ECT IC POLE DRANT a . Rout 6 OLD BR �, RTE. 672 x a o -13I, 1 1 Q Zoned: RA - (J�. ^ r C Um Relsidentfof- g eorbrook Church —A—I Zoned: ChZoned O / h ZRA / Use: ReI r P� / I j 4 s 9e�Z'1*.� _ v 23989 I � N Fm I O J I = srw-rt 102ju 647 P. ID 33-A-163 197 AC r xrr . t4rm 37 TNRD AWW7 L.P. ® 6D O Q 7VA30 SC FT, 74r2 e-3 LR Cmrrtrbtl �D d O County of Frederick 33—A-162B Zoned: RA U georbrmk Pork � a r E a All 4' vaLEYSALL Ca Ion Dick ; 33-A-1646 r Zon•� RA R , >d / r WILLIAM H. LAWRENCE, III PROPERLY gilbert w. clifford & associates a division of o SITE PLAT Patton, Harris, Rust & Associates, pc r p 117 E F ly St. Wiinchester, Yag k 22601 EREDERICK COUNTY, ORGINIA VOICE (540) 667-2139 FAX (540) 665- 0493 Figure 2 SYMBOLS / Fa POLE O(� C p SIGN o MANHOLE ♦ MAILBO% e LOCATED OBJECT 4 TRAFFIC POLE + nrtE NranANr y Route 672 OLD ST. RTE. a 0 ° 1 \. ......... a Zoned: R I Use: Relsidenti� C " ID georbrook Pr715 an Church � Zoned: RA Use: Reli r pJ / , E / / 2 •^l1 239.S9' 4 p 1 I o JProposed1 n A- 62 1 ' vILLl97 II rA Ar . P. 8OIM 1 M1Ra (1LP. Prop. Ur 1Z30 S4 SG \ za�.d 8-3 Fr. / LLargh—Differ Pe um Camrim ®o D N d r/C 2 \ O ' S County of Frederick 11 -'Zoned RA U e: Clearhrook Pork 1 �os� II ) d � �I � / i — 3w Rlp,a,r," Differ 3 0 0 03 0 SAND VOLLEYBALL yy /�Car lien Dick Zoned: RA Resi ial / 0 a a000 i / 0 WILLIAM H. LAWRENCE, III PROPERTY gilbert w. cfifford & associates II \ a division of o GENERALIZED DEVELOPMENT PLAN Patton, Harris, Rust & Associates, pc r 117 E. Picadill St. Winchester, Virginia 22601 FREOLRICK COUNTY, VIRGINIA VOICE: (540) 667-2139 FAX: (540) 665-0493 Sheet 3 OF 3 LEGEND aStudy Area BicArrxtarr, 93 Proposed S W S A Rural Ccwrxnunty .:enter Vlraler Fe4hnes Perennial Streams H,6tor>c Features i'r ovose(I L am t Ise R es,de rtlu l %m mest Irbousmal Rural Area Devek>pmertlalty 1.Pr-wt,rr 0.rr: aF V Inte►Rtate H t rmjary r+rr�ttvrays �f Secondary Roads G attroaQS Proposed RnLJ?V '%? E,rterts+nn New '-'Obector Roads . Mew. Spnakzabor :'_On1na B2 tBumness General tltstrr_tt - B3 itndusOyl lrs"9w>r Drstrtct; — EM IEwsr" Memoaetunng Dessrrr, M1 ttndustrtal L,qM ►hstr>LYI kd7 tlnduatrwl General Dtstrtct, - MH1 (Mobdo Homo Commun"i RA Mural Area, RF ,Ros000nbi, Pprtormance (rtrrti ..J aiJw i CS ,83 % X WILLIAM H. LAWRENCE,, 111 PROPERTY gilbert w. clifford do associates a division of o \ NORTHEAST LAND USE PLAN Patton, Hams, Rust do Associates, pc O 117 E Picadlly St lrndlster, "nia 22601 FREDERICK COUNTY, 1/IRGINIA VOICE: (540) 667-2139 FAX: (540) MS-0493 Figure 3 SYMBOLS 0 POLE p SIGN 4•J` o MANHOLE UY s ♦ MAILBOX \ e LOCATED OBJECT 8 O TRAFFIC POLE ' i nRE HYDRANT b . Route ro 2 OLD B ST. RTE• b 0 o b ee a ' a a Zoned: R I / ^ b 4D Clearbrook Presbyte an Church Use: Relsiden ` -67 33—A-15 O / Zoned: RA / Use: Reli b E / / 2 239.89' OJ P. CPO" d trnroe -162 vaL /IT 4 . atI — 33-A-163 a U6(, 0110e7057 ® O Prep. mr 1 ' _ mCIMI'ml LP. 70,630 Sa rr. Buffer z-.& = ®a" O _ P 2 W / a ` S C my of Frederick 33—A 1628 Zoned: RA � U e: Cleorhrook Park En a a a a a a `✓ `r ° SAND -•�,.�- h / • 4 / i ll VOLLEYBALL ) Car lien Dick 33—A-1648 f / Zoned: RA Real ial k r� � a aaaa ( a 0 WILLIAM H. LAWRENCE,, /ll PROPERTY gilbert w. crdford do associates II. a division of o \ GENERALIZED DEVELOPMENT PLAN Patton, Harris, Rust do Associates, pc 117 E Picadlly St. Winchester, Virginia 22601 FREDERICK COUNTY, VIRGIN/A VOICE (540) 667-2139 FAX: (540) 665-0493 Figure 4 1 -- i I 935 c. '� - fir' � � ' • _` 4 - , � �: T' Ott - y 708 Z hamAA , n k r WILLIAM H. LAWRENCE, /// PROPERTY RURAL LANDMARK PLAN o ' A FREDERICK C(XJNT1; VIRGINIA RURAL LANDMARKS P07£N714LLY NUA48£R D£SCRIP77ON SIGNIRCANT 935 Cleorbrook Feed & Seed Yes 706 Clearbrook Presbyterian Church Yes gilbert w. clifford & associates a dmsm of Patton, Harris, Rust & Associates, pc 117 E P'icodilh SL Winchester, Vwgiria 22601 ME: (540) 667-2139 FAX: (540) 665-0493 Figure 5 I If U64Tpzi Sl THIS DEED made and'dated *`is 30th day of April, 1967, by and between the CLEARSROOK WOOLEN COMPANY, INCORPQRATED, a Virginia corporation, Farty of the first part, hereinafter referred to as the Grantor: and WILLIM N. LAWRENCE, III, party of the second part, hereinafter referred to as the Grants... WREREAit By a resolution dated November 28, 1986. the stockholders and Directors of the Clearbrook Woolen Company, Incorporated, adopted a.Plan of Liquidation pursuant to Soctlon 337 of the Internal Revenue Code of 1954 as amended. WIlEiRUs The Director, Internal Revenue Service Center, was notified of the plan of Liquidation by the filing of Yom 966. WBRUSt Willim H. Lawrence, III, owned 335 shares of the Common stock of the Corporation and accepts the hereinafter described property as his distributive share of the Corporation. WITMRSSSTBs That for and in consideration of the liquidation of Clearbsook Woolen Cosk.:.ny, Incorporated, and distribution to its stockholders, the Grantor does hereby grant and convey with general warranty of title unto the Grantee, in fee simple, all of that certain property, together with appurtenances and improvements thereunto belonging, lying and being situate in stonewall Magisterial District, rrederick County, IVirgiALF, ooataiaing 1.965 acres, more'yarticularly described by that certain plat and surrey,,grepared by J.R. Nicely, C.L.S., dated September•11, 19720 attached hereto and by this referenco a 4 7?G ISO made a part of this deeds and being the same Property conveys'! to Clearbreek herein by deed dated the day of 19�, of record in the Clerk's office of the Circuit, court of Frederick County, Virginia, in Deed Book 196, Page 7� This conveyance is made, however, subject to all rights of way, easements and/or conditions of record, if any, affecting the aforesaid realty. WIT11E88 the following signatures and seals CLZARBROOK WOOLEN COMPA" kAftT 411CO sys— T C/7 STATE 01r,T1RGI31IA, wd& OFS,4,.�L to —wits The foregoing instrumnt was acknowledged before we this day.of 198.7, tylsli of the Cle—hrook,..*Company, Incorporated. My commission expires q. Notary PuBlic J • +- .�i:'"��" :� .''\ � � ':� •�.-�".»�" - sit 6 4't rc �i 5 9 • . • r..* %Aroqp �.9 S'.�" i•IG'/*.G•�-!� � rarer ��- .ear. IV• `.�/ir-iV :s�•i✓ iAr��V•r�•t- 1 ' i 1 1 1 i •✓/�tai/'iV •I7/ �Tw jam01 - \�T JV'Stl+�•If� pis. sue. r� cp tILWay s coltft:.1:4 Y a • r» `yc ��A•4�•�'oo.�i�s'�otE.vca.� �.vc.: • .o�o.QcEt r- c/ A t/ YcJ ff •/!1 rreM D nl� M �.� r1 • � w MM taMW+� M aR1e+ �11 "we I �� r I I 0 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) William H. Lawrence_, III (Phone) 540-667-7646 (Address) P.O. Box 8, Clearbrook, VA 22624 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 647 on Page 157 and is described as Parcel:162 Lot: Block: A Section:33 Subdivision: do hereby make, constitute and appoint: Gregory F. Hutchinson (540) 667-7646 OR r(Name)Patton Harris Rust & Associates c/o Charles E. Maddox Jr. (Phone)540-667-2139 Address) 117 E. Piccadilly Street, Winchester VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) = Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or rmodified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of LL1.^c% 200�__(_, State of Virginia, City/9-exfrtrof `—� �� ^�'�S� �`� To -wit: I, 0(a=C_-Q / . b (� C a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and h acknowled ed the same before me in the jurisdiction aforesaid this )_day of ,,-20(Y�_. y Comrmssion Expires � otary Public gilbert w. clifford & associates a clivision of Patton H arris Rust 3 Associates,pe Engineers. Surveyors. Planners. Landscape Architects. 117 EastPiccadily Street,Suite 200 R+A Winchester, Virginia22601 PHT 540.667.2139 F 540.665.0493 E C E � d E A t l r% 2 2004 FREDERICK COUNTY Transmittal To: Organ izationlCompany: Address: Telephone Number: Date: From: Project Name/Subject: Via: Mark Cheran Frederick County Planning 107 N. Kent Street Winchester, VA 22601 August 2, 2004 Chuck Maddox Lawrence Rezoning Internal Project File #: _ Quantity File # Date Description Transmitted ❑ Herewith 2-1 Rezoning Application Package ❑ Under separate cover Material ❑ Originals ❑ Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ❑ Your Use ❑ Your Files Notes: ❑ Approval ❑ Please Return: Corrected Pnnts ❑ Please Submit: Reosed Pnnts Received by: Date: Ct czia�- w", 1-11 10d L E, C 0 P 7 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 MEMORANDUM 'TO: Finance Department H'RUM: Pain Deeter, Office Assistant I1 SUBJECT: Return Of Sign Deposit ]DATE: August 13, 2004 The amount of $50.00 was deposited in line item 43-010-019110-0008 for the person named below as a deposit for one sign for Rezoning 407-04 for William Lawrence. He has r-etumcd the sign and is therefore entitled to the return of the deposit. You may pay this tl11.0M111 the re��ular bill cycle. Please send a check in the amount of $50.00 to: 1<:SA/pd M.-O William Lawrence 703 Tennyson Ave Winchester, VA 22601 107 North Kent Street e Winchester, Virginia 22601-5000 4 T A X R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING PLANNING & DEVELOPMENT Ticket #:00004560001 Date 6/14/2004 Register: HMT/HM Trans. #: 01549 Dept # 1095 Acct# Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Pd by PLANNING & DEVELOPMENT Check 1773.25 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 6/2004 CASH Date., �—ICG`� -_ 0 0 3 9 :3 0 RECEIPT z r- I- Deceived From LULl�vvh-- t-'� Z M - � Cv� � , � � � 1 YIC � � SJ � Q Address �1� T - -- a W W a tt a _l /�� l�Lc�f (� O�111:lyll �' `s►, ,�) Dollars CI o>�>N `1 In Y w m � � � � j.a /U C;"Yl N J - For -- - �-- - - — - --- ow O(5ZT -- UZoZ_ r - =� W a AMT.OF ACCOUNT CASH AMT. PAID4MMONFIY " CHECK W ¢ > �r Rx U. BALANCE DUE ORDER ❑ REOtT CMD❑ B}/ Jul 20 04 08:23a g.w. clifford & assoc. 540-665-0493 •'"" O1f J Inn (;HI:(;Of7Y f *INS (,RF(.ORY r HUTCHINSON 41 0 p it, 0/ 10 JU04 212 p.2 Presbyterian Parish of the Valleys 7152 Middle Road Middletown, VAS 22645 540-869-2456 pv8lleys@Shente1.net Dr. C. Richard Sii¢er, 11 PEOsh Pastor June 1 2004 Clearbrook Woolen Shop P.Q. Box 8 Clear Brook, VA 22624 Dear Mr. Lawrence: On behalf of the Session (the _gnverning board) of the Clear SrOok Presbyterian Church, we would like to thank you for meeting with us to explain the rezoning possibility you envision as you sale your business Your concern for the werybew of the Clear Brook Comrnur4Y ►vas certainly evident. We appreciate the neighborly rtrlat)onship our church and your business have had over the years. We do not object to having the zoning status of the business areo of Clear Brook changed to 93-2" which we undersrand'to be approval for light business. �We believe this status could be of benefit for the community. Sincerely, C, Richard Slider, 11 Car4line-Hickcrson Senior Pastor, PresbyteTian Parish of the Valleys Clerk of Session, Clear Brook Presbyterian Church Addendum July 19, 2004 We agree that a screening is not necessary between the Church end the Woolen Shop prop77Y C. Richard Slider, )1 ��- Parish Pastor Jul 20 04 08:23a g.w. clifford & assoc. 540-665-0493 -,IU UU, a inn l;htl:GORY f H f-INS GRFCORY r HUTCHINSO N o#;l p m 0Y 10 2004 212 p.2 Presbyterian Parish of the Valleys 7152 Middle Road Middletown, VA, 22645 540-869-2456 pvalleysQa Shentel.net Dr, C. Richard Slitter, 11 Pansh Pastor June 1 2D04 Clearbrook Woolen Shop P.O. Box 8 CJcar Brook, VA 22624 Dear Mr. Lflwrence: On behalf of the Session (the governing board) of the dear Broof� Presbyterian Church, we would like to thank you fir meeting with us to explain the rezoning possibility you envision as you sale your business. Your concern for the weirbe!pg of the Clear Brook Gmrimunity WA-, certainly evident, We appreciate the neighborly relationship our church and your business have had over the years. We do not objcot to having the zoning status of the business arcA of Clear Brook changed to 93-2" which we undersrand'to be approval for Iight business, �We believe this status could be of benefit for the community. Sincerely, C. Richard Slider, 11 Cartxline-H'ekcrson Senior Pastor, Presbyterian Parish of the Valleys Clerk of Session, Clear $rook Presbyterian Church Addendum July 19, 2004 We agree that a screening is not necessary between the Church And the Woolen Shop Prop y C. Richard Slider, ji ' Parish Pastor gilbert w. Clifford & atociates sk a dhvision of Patton H arris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. T A 117 East Piccadik Street, Suite 200 Winchester, Virginia 22601 PH 1 + l T 540.667.2139 F 540.665.0493 To: Chris Mohn Organization/Company: Frederick County Planning Address: 107 N. Kent Street Winchester, VA 22601 Telephone Number: Date: June 9, 2004 From: Chuck Maddox Project Name/Subject: Lawrence Zoning Via: Quantity Notes: File # Date Transmittal Internal Project File #: Description Transmitted ❑ Herewith Lawrence Rezoning Application ❑ Under separate cover Material ❑ Originals ❑ Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ❑ Your Use ❑ Your Files ❑ Approval ❑ Please Return: Corrected Prints ❑ Please Submit: cc: Jim Lawrence Greg Hutchinson Received by: Date: Revised Prints wo vv COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 June 21, 2004 Mr. Charles E. Maddox, Jr., P.E., Vice President Gilbert W. Clifford & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Ile: Rezoning #07-04, William H. Lawrence, III Dear Chuck: This correspondence is in follow-up to my conversation with Tom Price this morning concerning outstanding transportation issues involving the referenced rezoning application, which was formally accepted by the Department of Planning and Development on June 11, 2004. In particular, the comment provided by the Virginia Department of Transportation (VDOT) dated March 31, 2004 expresses dissatisfaction with the transportation component of the proposed rezoning. Moreover, the application does not include an analysis of anticipated traffic impacts as re wired for all rezoning submissions, regardless of size. As you are aware, the ultimate scope of the analysis is dependant upon the total number of new trips projected for the site and the significance of the resulting increase in trip volume on the impacted segment of Martinsburg Pike (Route 11 North). At present, basic traffic projections for the site have not been articulated, which precludes a reasonable assessment of the capacity of Martinsburg Pike to accommodate the transportation impacts of the proposed rezoning. Due to the unresolved nature of the VDOT comment and the absence of analysis of anticipated traffic impacts, the subject rezoning application will not be scheduled for its initial public hearing at the Planning Commission meeting on July 7, 2004. A traffic impact analysis (TIA) of sufficient scope must be submitted for inclusion with the application, and additional discussion with county and VDOT staff is necessary to pursue resolution of outstanding issues. It is the policy of the Department of Planning and Development to ensure that all efforts have been exhausted to resolve unsatisfactory agency comments prior to scheduling a rezoning application for Planning Commission consideration. Please do not hesitate to contact me should you have questions or concerns regarding this correspondence. Sincerely, Christo r M. Mohn, AICP Deputy Planning Director CMM/bad 107 North Kent Street • Winchester, Virginia 22601-5000 cc: Charles S. DeI-Iaven, Jr., Planning Commission Chairman Eric R. Lawrence, AICP, Planning Director Jerry Copp, Edinburg Residency - VDOT Lloyd Ingram, Edinburg Residency - VDOT William H. Lawrence, III TRANSMISSION VERIFICATION RE7 PORT TIME 06/21/2004 14:52 NAME FRED CO PLANNING DEP FAX 5406656395 TEL 5406655651 SER.0 BROC2J178677 DATE,TIME 06/21 14:51 FAX NO./NAME 96650493 DURATION 00:00:44 PAGE(S) 03 RESULT OK MODE STANDARD ECM COUNTY of FREDERTCK Department of Pluning and Developmnt: 1.07 Nortli Kent Street, Suite 202 . Winchester, Virginia 22601-5000 Telephone, 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: COMPANY: FAX 4: 61 ( - " 6 `t` . 13 Date: ( d Number_ of pages (inol.u&ng cov sheet): E COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO COMPANY: FAX 4: 6 (g '5— " 6 V / 3 Remarks: Date: 6 z ( �d C - Number of Pages (including covsheet): From the desk of: Jun 14 04 01:03p g.w. olifford & assoo. 540-665-0493 p.l 0 • gilbert w. clifford & associates a UYIstOn of Patton Harris Rust 8 Assoclales,pc Englnvwm 5urveyom Plannore. Landscape Architoctn. R-+A 117East Plccatllly Street, Suite 200 HWmohuuter,Ylrglnla22601 JL 1 T 540.057.2139 F 640.666,0493 To; Chris Mohn From: Date: Project NamelSubject; PHR+A Project file Number: cc: Chris Thomas Price June 14, 2004 Lawrence — Clearbrook Rezoning Memorandum Revised Park & Recreation. Comment per our addition of proffer number 3, addu-19 landscape buffer adjacent to Park Boundary. .If I can answer any questions, please give me a call. Thanks Tom Price gilbe�w. clifford & associates a division of Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners, Landscape Architects. 16 March 2004 Mr. Eric Lawrence Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 RE: Lawrence Rezoning Dear Eric, The Clearbrook Woolen Mill owned by Mr. William Lawrence and family has historically been involved with manufacturing, wholesaling and retailing woolen I'P. products since 1939. With the elimination of woolen manufacturing, the HR+ 1 majority of the property was sold to Frederick County for use as the Clearbrook 1 1 Park and approximately 1.965 acres were reserved for continuing commercial activities that began in 1946. CORPORATE: Chantilly It is now the owner's intention to bring the zoning of the property to be consistent with commercial nature of the property. Attached is a location map, VIRGINIA OFFICES: Figure 1, and a site plat with topography, Figure 2. This site is shown on the Chantilly Frederick County Comprehensive Policy Plan for business use. Bridgewater Fredericksburg .Figure .3 provides an insert look at the North East Land Use Plan and this Leesburg location. Richmond Virginia Beach Site characteristics are generally level with Clearbrook Run flowing along the Winchester southern boundary of the property. This stream valley includes wetlands and will Woodbridge be preserved by the county required riparian buffer. LABORATORIES: Figure 4 provides a generalized land use plan for the property. Site access will Chantilly be restricted to two commercial entrances as shown on Figure 4 with alignment Fredericksburg during site plan to meet VDOT and Frederick County requirements. It is anticipated that any change of the use of the property will require VDOT land MARYIAND OFFICES: use permit procedures which will involve edge widening of Route 11 and Baltimore improvements as normally required by VDOT. Columbia Frederick The owner believes this site may change in use in the future however, no specific Germantown use is planned for this rezoning. Close review of the "allowed uses" in the B-2 Hollywood zone has prompted the owner to voluntarily restrict certain uses on the site. The following uses shall not be proposed for use on the site: WEST VIRGINIA OFFICE: Martinsburg Golf driving range (SIC 7999) Self service storage facilities Commercial Batting Cages T 540.667.2139 Adult retail uses under CUP. F 540.665.0493 117 Eost Piccadilly StreThe owner has consistently cooperated with the Frederick County Sanitation Winchester, VA Authority in providing easements and rights of ways as shown for the installation 22601 of regional water and sewer utilities. It is anticipated with the completion of the Clearbrook water and sewer extensions connecting the northeast regional water 1 1 0 ! 16 rplant and the sewer force main currently existing at the site that access for an existing or future commercial use capacity would be provided by the Frederick ' County Sanitation Authority. Site drainage can be easily handled by discharge release to the stream channel existing on site with appropriate storm water management design as required by the Frederick County Department of Public Works. Solid waste will be transferred to the Frederick County Landfill facility by commercial carrier. The site has some historic importance as it exists along the Valley Pike (U.S. ' Route 11) and was. used in a woolen goods producing activity for at least 65 years. There are no listed sites of historic importance on the site in the Frederick Pl\A County register. Since the site will be devoted entirely to commercial purposes the impact model produced for this project exerts a positive economic impact on the Frederick County budget. It is not anticipated that this project will have any measurable impact on existing residential uses since the land use surrounding the site does not include a residential component. We appreciate Frederick County considering and approving this rezoning petition. ' Sincerely, GILBERT W. CLIFFORD & ASSOCIATES ' C. E. Maddox, Jr., P.E., Vice President CEM/1f ' Enclosure cc: Frederick County Attorney Historic Resources Advisory Board Frederick - Winchester Health Department Winchester Regional Airport Frederick County Fire Marshal Clearbrook Station Fire & Rescue Frederick -Winchester Service Authority Frederick County Public Schools Frederick County Parks & Recreation Frederick County Public Works Frederick County Sanitation Authority Frederick County Inpsections Virginia Department of Transportation gilbert w. Clifford 81&sociates a dvision of Patton H arris Rust & Associates,pc Enginecrs. SurveyorU. Plannora. Landscape Architects. Pf Winchester, 117 East Piccadily Street, Suite 200 V H Virginia 22601 T 54&667.2139 IF 540.665.0493 Transmittal 493 Pt�af:r; VEL:)4'!t4ENT To: Organ izationlCompany: Address: Chris Mohn Frederick County Planning 107 N. Kent Street Winchester, VA 22601 Telephone Number: Date: June 9, 2004 From: Chuck Maddox Project Name/Subject: Lawrence Zoning Via: Internal Project File #: Quantity I I Notes: File # Date cc: Jim Lawrence Greg Hutchinson Received by: Description Transmitted ❑ Herewith Lawrence Rezoning Application ❑ Under separate cover check Material ❑ Originals Power of Attorney ❑ Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ❑ Your Use ❑ Your Files ❑ Approval ❑ Please Return: Corrected Pnnts ❑ Please Submit: Revised Prints Date: B2 i 159 33 A 158 ' DBE _ . , CLEARBROOK , � � ` ��Q c B2 PRESBYTERIAN " CHURCH _, ! ` B3 A 163 Nei_ R ,. TH NER�,,,,,a o ` �- 33 162 4 ' L.� `NR E N C E ' 0 33 A. �� -a ' ",..,� B 63 A 1 FREDERICK COU OF 1 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 NOTIFICATION OF PUBLIC HEARING July 28, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 907-04 FOR WILLIAM H. LAWRENCE, III On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, August 11, 2004, at 7:15 p.m., in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the follo,, ii)g application: Rezoning #07-04 of William H. Lawrence, III, submitted by Gilbert W. Clifford & Associates, Ine ., to rezone 1.965 acres from RA (Rural Areas) District to B2 (Business General) District. This property is located south and adjacent to Clearbrook Presbyterian Church on the east side of Martinsburg Pike (Route 11 N), surrounded to the east and south by Clearbrook Park, and is identified with Property Identification Number 33-A-162 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Mark R. Cheran Interim Zoning Administrator MRC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 This is t ce -tif that the attached correspondence was mailed to the following on - from the Department of Planning and Development, Frederick County, irgmia: 33 - A- - 164-B DICK, CORA ELLEN 3381 MARTINSBURG PIKE CLEARBROOK, VA 33 - A- - 162- LAWRENCE, WILLIAM H.III PO BOX 8 CLEARBROOK, VA. 22624-1559 22624.0008 J w/J �E/c Gilbert W. Clifford & Assoc., Inc. Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Appz- 33 - A- - 158- CLEARBROOK PRESBYTERIAN CHURCH CIO BOBBY F. LAMMA STEPHENSON,VA. 22656 33 - A- - 162-B FREDERICK, COUNTY OF 107 N KENT ST WINCHESTER,VA 22601.5039 33 - A- - 163- S K ASSOCIATES, INC POBOX 95 CLEARBROOK, VA 22624 33 - A- - 159- JOBE, ALLEN B ET ALS 2719 BRUCETOWN RD CLEARBROOK, VA 22624.1255 l/ Mark R. Cheran Interim Zoning & Subdivision Administrator Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDE CK a Notary Public in and for the State and County aforesaid, dc6hereby certify that Ma R. Cheran, Interim Zoning & Subdivision Administrator, for the epar ment of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid Given under my hand this b /L day of abD My commission expires n 1) - 4jjz-, � 4': W A - I NOTARY P LIC C� COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING July 7, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #07-04 FOR WILLIAM H. LAWRENCE, III On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, July 21, 2004, at 7:00 p.m., in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #07-04 of William H. Lawrence, III, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 1.965 acres from RA (Rural Areas) District to B2 (Business General) District. This property is located south and adjacent to Clearbrook Presbyterian Church on the east side of Martinsburg Pike (Route 11 N), surrounded to the east and south by Clearbrook Park, and is identified with Property Identification Number 33-A-162 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, 1� - 1k�� Christopher M. Mohn, AICP Deputy Planning Director CMM/bad 107 North Kent Street - Winchester, Virginia 22601-5000 Thisnis to certify that the attached correspondence was mailed to the following on )—()D C from the Department of Planning and Development, Frederick Co ty, Vi ginia: 33 - A- - 162-B 33 - A- - 164-B DICK, CORA ELLEN 3381 MARTINSBURG PIKE CLEARBROOK,VA 33 - A- - 162- LAWRENCE, WILLIAM H.III PO BOX 8 CLEARBROOK, VA. 22624.0008 Gilbert W. Clifford & Assoc., Inc. Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 �6 33 - A- - 158- CLEARBROOK PRESBYTERIAN CHURCH CIO BOBBY F. LAMMA STEPHENSON, VA. 33 - A- - 159- JOBE, ALLEN B ET ALS 2719 BRUCETOWN RD CLEARBROOK,VA STATE OF VIRGINIA FREDERICK, COUNTY OF 107 N KENT ST WINCHESTER,VA 33 - A- - 163- S K ASSOCIATES, INC P 0 BOX 95 CLEARBROOK,VA 'k%<NQ- ChriAQ2ber M. Mohn, Deputy Director Frederick Co. Planning Dept. Notary Public in and for the State and County y certify that Christer M. Mohn, Deputy Director for the Department of Development, whose name is signed to the foregoing, dated 100 , has personally appeared before me and acknowledged the same in my Given under my hand this My commission expires of f /N --t- 32 !Y� -/ � k �,,- W Lawrence Rezoning TO: Barbara - Data Processing FROM: Bev - Pla ning Dept. Please print sets of labels by: i c9 THANKSM Tax ID # Name Address Zoning Use 33-A-158 Clearbrook Presbyterian Church C/o Bobby F. Lamina, Stephenson, VA 22656 RA Religious 33-A-159 Allen B. Jobe, et als 2719 Brucetown Road, Clearbrook, VA 22624 RA Residential 33-A-162B County of Frederick 107 N. Kent Street, Winchester, VA 22601 RA Clearbrook Park 33-A-163 Third Generation L.P. 1701 Fall Hill Ave., Fredericksburg, VA 22401 B 3 Convenience & Restaurant 33-A-164B HMC LP, LLP 920 Hopewell Road, Clearbrook, VA 22624 RA Vacant 0 0 -d COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING July 7, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #07-04 FOR WILLIAM H. LAWRENCE, III On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, July 21, 2004, at 7:00 p.m., in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 907-04 of William H. Lawrence, III, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 1.965 acres from RA (Rural Areas) District to B2 (Business General) District. This property is located south and adjacent to Clearbrook Presbyterian Church on the east side of Martinsburg Pike (Route 11 N), surrounded to the east and south by Clearbrook Park, and is identified with Property Identification Number 33-A-162 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Christopher M. Mohn, AICP Deputy Plarming Director CMM/bad 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 33 - A- - 162-B FREDERICK, COUNTY OF 107 N KENT ST WINCHESTER,VA 226015039 ���.: ►' :v ': I„I,i„i,hIiIII ,i,,IIIki,1 COUNTY of FREDERICK Department of Planning and Development JUL 2 9 2004 540/665-5651 FAX: 540/ 665-6395 FREUERICK GWr, PI MJMW NOTIFICATION OF PUBLIC HEARING July 28, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #07-04 FOR WILLIAM H. LAWRENCE, III On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, August 11, 2004, at 7:15 p.m., in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #07-04 of William H. Lawrence, III, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 1.965 acres from RA (Rural Areas) District to B2 (Business General) District. This property is located south and adjacent to Clearbrook Presbyterian Church on the east side of Martinsburg Pike (Route 11 N), surrounded to the east and south by Clearbrook Park, and is identified with Property Identification Number 33-A-162 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, G� Mark R. Cheran Interim Zoning Administrator MRC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 33 - A- - 162-B FREDERICK, COUNTY OF 107 N KENT ST WINCHESTER, VA 22601-5039 �'J �•J •:.. lfflfifiiflflifflifff:ffilfiflfli: if illf ff!!!JI !I!if!IfJ 11 fi El W Lawrence Rezoning TO: Barbara - Data Processing FROM: Bev - Planning Dept. Please print sets of labels by: 1 c9 THANKS111 Tax ID # Name Address ZoninLa Use 33-A-158 Clearbrook Presbyterian Church C/o Bobby F. Lamma, Stephenson, VA 22656 RA Religious 33-A-159 Allen B. Jobe, et als 2719 Brucetown Road, Clearbrook, VA 22624 RA Residential 33-A-16213 County of Frederick 107 N. Kent Street, Winchester, VA 22601 RA Clearbrook Park 33-A-163 Third Generation L.P. 1701 Fall Hill Ave., Fredericksburg, VA 22401 B 3 aconvenience & Restaurant 33-A-164B - HMC LP, LLP 920 Ho ewell Road, Clearbrook, VA 22624 RA I Vacant V R N S E REQUESTING AGENT: J DEPT. OF GE0GRA7PHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGEIUA Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: GIS, M"PING, GRAPHICS WORKREQUEST DATE RECEIVED: 6 100 _ ESTED COMPLETION DATE: 61d- l /b0 ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional DIGITAL: PAPER: FAX: SIZES: COLOR: BLACK/WHITE: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: rmation -26 . v 7 —o yc�rw 7- H . Z-,4 w P P—j�) '3 3 A —A E-MAIL: NUMBER OF COPIES: HOURS REQUII~`ED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)