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Home My WebLink About04-09 Comments & CorrespondencePHA CORPORATE: Chantilly VIRGINIA OFFICES Chantilly Charlottesville F reder l c ksburg Harrisonburg Leesburg Newport News Norfolk Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES' Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Williamsport PENNSYLVANIA OFFICE. Allentown T 540.667.2139 F 540 665 0493 117 East Piccadilly Slreel Suite 200 Winchester, VA 22601 Patton Harris Rust Associates Encineers_ Surveyors. Planners. Landscape Arch ilects. 24 November 2009 Mr. Michael Ruddy, AICP Frederick County Department of Planning and Development 107 N Kent St, Suite 202 Winchester, VA 22601 RE: Wampler Property Rezoning Application; Revised Proffer Statement- 11/24/09 Dear Mike, Please find attached an executed version of a revised proffer statement dated November 24, 2009 for the Wampler Property rezoning application. The revisions are intended to address any concerns associated with transportation impacts for the application and includes the following: 1. Proffer 1.9 has been revised to prohibit gasoline service stations on the Property As you know, this use is the highest potential traffic generator and staff had concerns previously that the monetary contribution proposed did not mitigate the impacts associated with a gasoline service station. Removing this use potential for the Property is intended to address this concem. 2. Proffer 1.13 is a new addition to the application and limits the total trip generation for the site to a maximum of 2,000 ADT. This maximum trip count represents approximately one half of the trips that could have resulted from a gasoline service station once you include a pass-by trip reduction. 3. The monetary contributions for off -site transportation improvements previously provided have remained the same with a base contribution of $75,000 and a maximum contribution of $100,000. The trip generation threshold for the maximum contribution has been modified. Previously, the maximum contribution was triggered by any use generating more than 2,000 ADT. Since that trip threshold is now the maximum ADT permitted for the Property, the revised proffer now uses 1,000 ADT as the trigger mechanism for the maximum contribution. We look forward to presenting this revised proffer statement to the Board of Supervisors at their December 9, 2009 meeting. If you have any questions or would like to discuss further, please feel free to call me at (540) 667 -2139. Sincerely, PATTTOLH' S RUST ASSOCIATES Patrick R. Sowers, AICP Enclosure CORPORATE. Chantilly VIRGINIA OFFICES Chantilly Charlottesville Fredericksburg H art icon bu rc Leesburg Newport News Norfolk Winchester Woodbridge LABORATORIES- Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Williamsport Suite 200 Winchester, VA 22601 Patton Harrist Associates Engineers. Surveyors. Planners. Landscape Architects. 24 November 2009 Mr. Michael Ruddy, AICP Frederick County Department of Planning and Development 107 N Kent St, Suite 202 Winchester, VA 22601 RE: Wampler Property Rezoning Application; Revised Proffer Statement 11/24/09 PENNSYLVANIA OFFICE: Sincerely, Allentown PATTO S RUST ASSOCIATES T 540.667.21 39 F 540.665.0493 /jam 117 East Piccadilly Street Patrick K Sowers, AICP Enclosure Dear Mike, Please find attached an executed version of a revised proffer statement dated November 24, 2009 for the Wampler Property rezoning application. The revisions are intended to address any concerns associated with transportation impacts for the application and includes the following: 1. Proffer 1.9 has been revised to prohibit gasoline service stations on the Property. As you know, this use is the highest potential traffic generator and staff had concerns previously that the monetary contribution proposed did not mitigate the impacts associated with a gasoline service station. Removing this use potential for the Property is intended to address this concern. 2. Proffer 1.13 is a new addition to the application and limits the total trip generation for the site to a maximum of 2,000 ADT. This maximum trip count represents approximately one hall of the trips that could have resulted from a gasoline service station once you include a pass -by trip reduction. 3. The monetary contributions for off -site transportation improvements previously provided have remained the same with a base contribution of $75,000 and a maximum contribution of $100,000. The trip generation threshold for the maximum contribution has been modified Previously, the maximum contribution was triggered by any use generating more than 2,000 ADT. Since that trip threshold is now the maximum ADT permitted for the Property, the revised proffer now uses 1,000 ADT as the trigger mechanism for the maximum contribution. We look forward to presenting this revised proffer statement to the Board of Supervisors at their December 9, 2009 meeting. If you have any questions or would like to discuss further, please feel free to call me at (540) 667 2139. Mike Ruddy Will do. Patrick R. Sowers, AICP Planner Patton Harris Rust Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com From: Patrick R. Sowers [Patrick.Sowers @phra.com] Sent: Tuesday, October 13, 2009 3:41 PM To: Mike Ruddy Subject: RE: Wampler Property Original Message From: Mike Ruddy mailto :mruddy @co.frederick.va.us] Sent: Tuesday, October 13, 2009 3:31 PM To: Patrick R. Sowers Subject: RE: Wampler Property Hi Patrick, Please make sure we receive the postponement fee ($500.00) from the Applicant as soon as possible. Thanks. Mike. From: Patrick R. Sowers mailto:Patrick.Sowers phra.com] Sent: Tuesday, October 13, 2009 2:51 PM To: Mike Ruddy Subject: Wampler Property Mike, Postponement request attached per our discussion earlier. Thanks, Patrick Patrick R. Sowers, AICP Planner Patton Harris Rust Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com <http: /www.phra.com/> P COR?ORATE: Chantilly VIRGINIA OFFICES: Chantilly Charlottesville Fredericksburg Harrisonburg Leesburg Newpori News Norfolk Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg Baltimore Columbia Frederick G e r m o n town Hollywood Hunt Valley Williamsport PENNSYLVANIA OFFICE: Allentown T 540.667.2139 F 540.665.0493 II/ East Piccadilly Street Suite 200 Winchester, VA 22601 Patton Harris Rust Associates Engineers. Surveyors. Planners. Landscape Arch ilecrs. October 13, 2009 Mr. Nfichael Ruddy Planning and_ Development Frederick aunty, Virginia —107 North Kent Street Winchester,Virginia 22601 RE: Wampler Property Rezoning Application Dear Mike: On behalf of my client, I would like to formally request postponement of the Wampler Property rezoning application (RZ# 04 -09) scheduled for a public hearing at the October 14, 2009 Board of Supervisors Meeting I would request that the application be returned to the Board of Supervisors for a public hearing at the December 9, 2009 meeting. Please do not hesitate to contact me should you have any questions or concems. Sincerely, PattonfIarris Rust Associates Patrick R Sowers Patton Harris Rust Associates Engineers. Surveyors. Planners. Landscape Architects. P 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Mike Ruddy, AICP Organization /Company: Frederick CountyPlannin From: Patrick Sowers, AICP Date: September 2, 2009 Project Name /Subject: Wampler Property— Rt 11 PHR +A Project file Number: 15291 -1 -0 cc: Please find attached the final signed copy of the revised Proffer Statement dated August 7, 2009, for the Wampler Property rezoning application. The revised Proffer Statement includes the following modifications since the application was last presented to the Planning Commission on August 5, 2009: 1) Hours of use will be limited to 7:00 AM to 10:00 PM so long as the two adjoining properties are in residential use. 2) Car washes shall not be permitted on the Property so long as the two adjoining properties are in residential use. 3) Regardless of use of the adjoining properties, the following uses shall not be permitted: Communication facilities, Truck Stops, Hotels and Motels, Motion Picture Theaters, or Adult Retail 4) An additional row of evergreen trees along the northern, western, and southern property boundary along with an 8 foot fence have been proposed in an effort to provide a better screen for adjacent residential uses. 5) Any trees located within 5 feet of the common Property boundary with TM 44 -1 -A (Simkhovitch) will be retained to provide improved screening for the adjacent property. These changes to the Proffer Statement are reflective of the commitments made at the August 5 Planning Commission meeting and also include some additional proffers to address concerns associated with higher intensity users locating on the Property. If you have any questions, please feel free to call me at (540) 667 -2139. SEP 2 2009 L Memorandum Patton Harris Rust Associates Engineers. Surveyors. Planners. Landscape Architects. P cc: 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Mike Ruddy, AICP Organization /Company: Frederick County Planning and Development From: Patrick Sowers, AICP d� Date: October 6, 2009 Project Name /Subject: Wampler Property Rezoning Application PHR +A Project file Number: 15291 Please find attached a signed and notarized proffer statement dated October 6, 2009 for the Wampler Property rezoning application. The lone modification to the proffer statement since the August 7t version, as presented to the Planning Commission, is to proffer 1.13. Previously, the Applicant had committed to retaining all trees within 5 feet of the Property line adjacent to TM 44 (Simkhovitch). The intent of the proffer was to retain the existing trees along the common property boundary. A question raised at the Planning Commission was whether or not 5 feet in depth covered all the trees along the Property Boundary. To be sure the intent of the proffer is clear, we have revised Proffer 1.13 to retain existing trees within 10 feet of the common property line. If you have any questions, please feel free to call me at (540) 667 2139. Memorandum PROPOSED PROFFER STATEMENT REZONING: RZ Rural Areas (RA) to Business General (B2) PROPERTY: 2.16 acre Tax Map Parcels 44B -1 -12D (the "Property RECORD OWNER Wampler's Mobile Homes APPLICANT: Wampler's Mobile Homes PROJECT NAME: Wampler Property ORIGINAL DATE OF PROFFERS: June 12, 2008 REVISIONDAIE(S): October 1, 2008; November 25, 2008; February 2009; July 8, 2009; August 7, 2009; October 6, 2009 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Wampler Property" dated November 18, 2008 revised August 7, 2009 (the "GDP and shall include the following: 1. Site Development 1.1 The Property shall be developed in substantial conformance with the GDP. 1.2 The Applicant shall dedicate 15 feet of right of way along the Property frontage with Martinsbug Pike (Rt 11) prior to issuance of a building permit for the Property or within 90 days of receiving written request from Frederick County and the Virginia Department of Transportation (VDOT). (See 1 on GDP) 1.3 Access to the Property from Route 11 shall be limited to a single entrance located in the general location as depicted on the GDP. Said entrance and any associated improvements including turn lane shall be subject to VDOT review and approval at time of site plan. (See 2 on GDP) Proffer Statement Wampler Property 1.4 The Applicant shall provide a 25' buffer along the Property frontage with Martinsbug Pike (Rt 11) in substantial conformance with the attached exhibit entitled "Wampler Property, Route 11 Buffer" dated February4, 2009 as prepared byPatton Harris Rust and Associates. Said buffer shall include a 10' asphalt hiker /biker trail constructed to VDOT standards as well as a 5' landscaped strip with low lying shrubs (3 per 10 linear feet minimum) and flowers between Martinsbug Pike and the hiker /biker trail. The buffer area will also include a 10' landscaped strip with deciduous flowering trees planted 40 feet on center and a split rail fence located between the hiker /biker trail and future parking area as shown on the attached exhibit. Said buffer improvements shall be installed prior to issuance of a certificate of occupancy for any building constructed on the Property. Additionally, the 10' landscaped strip may also be used for any parking lot landscaping requirements which would be provided in addition to any previously identified landscape improvements. Upon written request by the County, the Applicant shall dedicate an easement for the 5' landscaped area to the County for any future drainage and grading improvements that may be needed. (See 3 on GDP and Exhibit 1) 1.5 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall provide for inter- parcel access to and from the areas located North and South of the Property in substantial conformance with the locations depicted on the GDP as 4a and 4b. Should the Property develop with any use other than self service storage, the Applicant shall provide for an additional inter- parcel access to areas located West of the Property in substantial conformance with the location depicted on the GDP as 4c. (See 4a, 4b and 4c on the GDP) 1.6 The Applicant shall limit gasoline pumps to a maximum of 6 pumps with two fueling positions each for a maximum of 12 fueling positions. 1.7 Excluding self service storage, the Property shall be developed with a maximum floor area ratio (FAR) of 0.25. 1.8 Until such time that adjoining properties (TM 44 -1 -A and TM 44B -1 -12( are no longer in residential use, the hours of operation for any use located on the Property shall be limited to between the hours of 7:00 AM and 10:00 PM. 1.9 Until such time that adjoining properties (TM 44 -1 -A and TM 44B -1 -12Q are no longer in residential use, the Applicant proffers to prohibit the following uses on the Property (1) Car washes. 1.10 Regardless of use on adjoining parcels, the Applicant proffers to prohibit the following uses on the Property (1) Communication Facilities, (2) Truck Stops, (3) Hotels and Motels, (4) Motion Picture Theaters, (5) Adult Retail 1.11 The Applicant shall install a row of evergreen trees planted a maxim of 8 feet on center along the Northern, Westem, and Southern Property lines within the inactive buffer area as depicted on the GDP. Said trees shall be provided in addition to any landscaping otherwise required by ordinance. (See 5 on GDP) 1.12 The Applicant shall construct an 8 foot tall fence in lieu of the 6 ft fence required by ordinance within the inactive buffer area along the Northern, Western, and Southern Property lines as depicted on the GDP. (See 6 on GDP) 1.13 The Applicant shall retain all existing trees, excluding trees that are diseased or dying, located on the Property within 10 feet of the property boundary shared with TM 44 -1 -A. Page 2 of 4 Proffer Statement 2. Design Standards 2.1 Any building constructed on the Property shall be constructed using one or a combination of the following: cast stone, stone, brick, architectural block, dry vit or stucco, other high quality masonry materials, wood, or glass. 2.2 Site lighting shall not exceed 25 feet in height and will utilize full cut -off luminaries. 3. Monetary Contribution to Offset Impact of Development 4. Water and Sewer Wampler Property 3.1 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for fire and rescue purposes. Said contribution shall be made prior to issuance of a building permit for the Property. 3.2 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for Sheriff's Office purposes. Said contribution shall be made prior to issuance of a building permit for the Property. 3.3 Prior to issuance of a certificate of occupancy for any building constructed on the Property which would generate 2,000 vehicles per day (VPD) or less based upon the ITE Tnp Generation Report, 7th Edition, the Applicant shall contribute the amount of seventy five thousand dollars ($75,000.00) to Frederick County for road improvements within the general vicinity of the Property. In the event development of the property exceeds 2,000 VPD based upon the ITE Tnp Generation Report, 7th Edition, the monetary contribution will increase to a total of one hundred thousand dollars ($100,000.00). 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. The cost of all water and sewer improvements will be borne by the Applicant. 5. Escalator Clause 5.1 In the event the monetary contributions set forth in the Proffer Statement are paid to Frederick County within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Frederick County after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index "CPI -U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 30 months after the approval of this rezoning to the most recently available CPI to the date the contributions are paid, subject to a cap of 6% per year, non compounded SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 3 of 4 Proffer Statement Respectfully submitted, Wampler's Mobile Homes By D By STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was ackn b ztttoK K wti My commission ex ires Notary Public Wampler's Mobile Homes v a6v4 2 ack Wampler, Jr. 6 a Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was ackn by JA( A GJa 7 U My commission expires Notary Public wled d before me th 6 S.. day of a r fd t$?i Jpson Brent Orndorff Lornmorwealtn of Virginia No;ay Public Ccc r 95o No. 237449 .Vy Car.7:ss.on Expires 02129/2012 Jason Brent Urndortt Commonwealth of Virginia Notary Public Cemt59ion No. 237449 Y Commission Expires 02292012 Page 4 of 4 Wampler Property (2Gtob'zi' 2009, y of 1 wibet 2009, r• 0 0 CAI Z ea y 11 Patton Harris Rust Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 WAMPLER PROPERTY GENERALIZED DEVELOPMENT PLAN SCALE: 1' 100' DATE 11/18/08 REV: 8/7/09 w FUTURE PARKING AREA IDECIDUOUS FLOWERING TRFI ;S 10' LANDSCAPE STRIP Shlsr k ii, 1'1 N(:1{ 5' LANDSCAPE STRIP 10' HIKER /BIKER TRAIL LOW LYING FLOWERS w EXISTING MARTINSBURG PIKE (Rt 11) R/W Patton Engineers. Harris Rust Associates,pc Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 EXHIBIT 1 WAM P LER PROPERTY ROUTE 11 BUFFER SCALE: 1" 100' DATE: 2/4/09 Action: PLANNING COMMISSION: September 16, 2009 Recommended Approval BOARD OF SUPERVISORS: October 14, 2009 APPROVED DENIED PDRES#39-09 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04 -09 OF WAMPLER PROPERTY WHEREAS, Rezoning #04 of Wampler Property, submitted by Patton Harris Rust Associates, to rezone 2.16 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers dated June 12, 2008, last revised on October 6, 2009, for Commercial Use, was considered. The property is located west and adjacent to Martinsburg Pike (Route 11), approximately 1,000 feet south of the intersection of Route 11 and Stephenson Road and approximately 1,900 feet north of the intersection of Route 11 and Old Charlestown Road, in the Stonewall Magisterial District, and is identified by Property Identification Number 44B- 1 -12D. WHEREAS, the Planning Commission held a public hearing on this rezoning on August 5. 2009, followed by a public meeting on September 16, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 14, 2009; 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 rezone 2.16 acres from RA (Rural Areas) District to B2 (General Business) District. for Commercial Use. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. Richard C. Shickle, Chairman Gary W. Dove Gene E. Fisher Philip A. Lemieux PDRES #39 -09 This ordinance shall be in effect on the date of adoption. Passed this 14th day of October, 2009 by the following recorded vote: Gary A. Lofton Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator Patton Harris Rust Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 WAMPLER PROPERTY GENERALIZED DEVELOPMENT PLAN SCALE: 1 100' DATE: 11/18/08 REV: 8/7/09 w w FUTURE PARKING AREA Y 4 DECIDUOUS. PLOWLItING '['REES 10' LANDSCAPE STRIP split RAIL FENCE 5 LANDSCAPE STRIP .10' HIKER/BIKER-TRAIL ]OW1Y11V S(1RIBS' G� 9 '0.0G000G0.0'0.0(9 0.0G0009 G 90..G j EXISTING MARTINSBURG PIKE (Rt 11) R/W Patton Engineers Harris Rust Associ a tes,pc Surveyors. Planners. Landscape Architects. Winchester, Virginia 22601 RA East 22601 T 540.6672139 F 540 665 0493 EXHIBIT 1 WAMPLER WAMPLER PROPERTY ROUTE 11 BUFFER SCALE: 1" 100' DATE: 2/4/09 Mike Ruddy From: Rod Williams Sent: Tuesday, August 04, 2009 8:36 AM To: Mike Ruddy Subject: Wampler Mike, One small thing on this matter. I noticed that only Jack Wampler, Jr. has signed the materials. The deed for the property shows it being held by Jack Wampler, Sr. and Jack Wampler, Jr., as a partnership under the name "Wampler Mobile Homes It would be appropriate for Jack Wampler, Sr. to sign off at some point sooner than later or for Jack Wampler, Jr. to indicate in his signature block, or a separate signature block, that he is also signing for the partnership. Rod Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722 -8383 Facsimile: (540) 667 -0370 E -mail: rwillia @co.frederick.va.us