Loading...
HomeMy WebLinkAbout05-04 Proffer StatementCORPORATE: Chantilly VIRGINIA OFFICES: Chantilly B idg ewa ter Fredericksburg Leesburg Richmond Virginia Beach Winchester Woodbridge LABORATORIES'. Chantilly Fredericksburg MARYLAND OFFICES Baltimore Columbia Frederick Germantown Hollywood VEST VIRGINIA OFFICE: Martinsburg T 540.667.2139 F 540.665.0493 117 East Piccadilly Street Winchester, VA 22601 Patton Harris Rust Associates,pc Engineers. Surveyors, Planners. Landscape Architects. May 14, 2004 Lloyd Ingram Virginia Department of Transportation 14301 Old Valley Pike Edinburg, VA 22824 RE: Burlington, LLC Frederick County, VA Dear Lloyd, I've attached a revised proffer statement for Burlington. It includes provisions for maintenance of the Tulane Drive right -of -way as we discussed on Wednesday. As part of the Burlington site plan we would formalize an agreement to maintain the 5000 s.f. right -of -way area including the planting of the landscaping shown. Please let me know if you have any comments or questions. Regards, gilbert w. clifford associates na1d A. Mislowsky, P.E., VP cc: Jeremy Camp R MAY 1 7 2304 FREDERICK COLMi PLANNING DEVELOPMENT Preliminary Matters On Site Development The Applicant shall perform and Development Plan (GDP): Item 2 REZONING REQUEST PROFFER Property Identification Number 64A -2 -12 64A -2 -13 Shawnee Magisterial District BURLINGTON, LLC ROUTE 50 EAST 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 05 -04 for the rezoning of 0.78 acres from the Residential Performance (RP) to Business General (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 In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever.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. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 0.78 acres, with frontage along Tulane Drive in the Shawnee Magisterial District of Frederick County, Virginia from RP to B -2, a monetary proffer will be provided to Frederick County Fire and Rescue in the amount of $2,000.00 and the Sheriff's Office in the amount of $1,000.00. Payment shall be made at the time of issuance of building permit. ovide the following in accord with the attachepj. Generalized Pro. -u+ren dL2 1 ErN 4 re€ o/v Sc (if e Pc ✓e zs' c .-a full landsca p screen along the north and east sides of the subject property as shown as item 1 on the GDP. This shall include an opaque fence 6' high and plantings consisting of screen. There shall be at Least 3 species of plants, with the majority being evergreens, and at least 1/3 being deciduous. All trees will be 4' tall at planting and be 2" in caliper. 'If` opaque screen is of block it shall be painted, stucco on both sides or be 1i-I texturlock. The site being rezoned shall be used only for parking required for the B -2 use on the adjoining parcel to the south. No spaceoJ p, or tractor trailers will be allowed on the parcel requested for rezoning. f, 1 iNor vtki,1 Veit;titS Pag reWkf N 1 of 4 Item 3 Road access to the combined B -2 use shall be only by approved VDOT entrance on the south parcels and no entrance shall be requested on streets fronting on the parcel requested for rezoning Item 4 The existing Millwood Pike (Route 50) entrance (1) shall be restricted by approved site plan to right in/out to allow westbound entrance from and exit to Route 50. Item 5 The 3 combined parcels for B -2 use shall have one only VDOT approved entrance on Tulane Drive to the west. Item 6 e c .r their representative shall met with 3 representati a lc�d o g residential neigh. or .liege Park Repres i s once every three months to review adjoining owners concem •a s.ect to maintenance and use of the parcel requested to be rezon•.. edate, time an. p these meetings will be established as part of the an approval. The owner will be response: contacting adjoining to select the initial three adjoining owner representatives. ames will be established with the site plan approval. As part of the site plan approval, $5000 will be placed in an interest bearing escrow account at maybe accessed bythe County in order to maintain the portion of the parcel tolbe rezoned which lies outside the opaque screening fence. Use of these funds would result should complaints concerning maintenance arise from the College Park Representatives. Orr Should the fund level drop below $1000 the owner shall make deposits necessary to result in a $5000 balance. t� Item S As part of the site plan approval process, the owner will enter into an agreement with VDOT to maintain the 5,000 sq. ft. area shown on Attachment A. Additionally the escrow funds required by Proffer 7 maybe accessed in order to maintain this right -of -way area should complaints from the College Park Representatives arise. Item 9 As part of the site plan approval process the owner shall enter into an agreement with VDOT to develop the VDOT right -of -way as shown on Attachment A to include, as a minimum, the trees and shrubs shown and a subdivision identification sign. The nature of the sign will be approved by the College Park Representatives. Additionally, the escrow funds required by Proffer 7 maybe accessed to maintain this landscaping should complaints from the College Park Representatives arise. 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. Page 2 of 4 Respectfully submitted, PROPERTY OWNER By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2004, by My commission expires Notary Public Page 3 of 4 IP PC 1 +71.07 0 BURLINGTON TO FINALIZE AGR TD MAINTAIN 5000 S.F. SHADE EA WITH SITE PLAN APPROVAL p �Q I/ I wpm 00 11* 1 Cz e- -vin e_ o. sir �^`i 7 �1 t rk �j 7.. i /er 11 p ry Q RED 7 :PLANTING o 10.1 ft I J PIN 2' CALIPER. OAKS ti y 1 PC 0 +26.0? BUDS •L f CG -11 N EX. R.=3 ®6 _o HEIGHT Vii: 35+00 y l na o D PROPOSED 6 HD1 HOLIES 24' MIN. HEIGHT AT PLANTING 36+00 COLLEGE :SUBDIVISION: DRIVE a :PARK /TUI[ANE SIGN R =125 d ries ,t J m rear SCALE: 1"=30 FT. gilbert w. clifford associates a div ision of Eaves Harris Rust Ade Architects. Engineers.' Surveyors. Planners. Landscape Architects. Winchester, Virginia 22601 PHRA 117Eas dilly Street. Suite 200 F 540.665.0493 BURLINGTON, L.L.C. REZONING REQUEST PROPOSED COLLEGE PARK I MPROVEMENTS DWG. NO 1 OF 1 COL EGE— PARK— DIPROVDO lsJ c DRAMt JDS CrHKO: RAM SCALE 1' 30' DATE 5/13/04 17 August 2004 RE ZONING RE QUE ST PROFFER Property Identification Number 64A-2-12 64A -2 -13 Shawnee Magisterial District BURLINGTON, LLC ROUTE 50 EAST 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 05 -04 for the rezoning of 0.78 acres from the Residential Performance (RP) to Business General (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. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 0.78 acres, with frontage along Tulane Drive in the Shawnee Magisterial District of Frederick County, Virginia from RP to B -2, a monetary proffer will be provided to Frederick County Fire and Rescue in the amount of $2,000.00 and the Sheriff's Office in the amount of $1,000.00. Payment shall be made at the time of issuance of building permit. On Site Development The Applicant shall perform and provide the following in accord with the attached Generalized Development Plan (GDP): Item 1 A full landscape screen shall be installed along the north and east sides of the subject property, as shown on the GDP. This shall include an opaque fence 6' high and plantings consisting of 3 trees per 10' of screen. There shall be at least 3 species of plants, with the majority being evergreens, and at least 1/3 being deciduous. All trees will be 4' tall at planting and be 2" in caliper. The opaque screen shall be painted, stucco on both sides, textured block, or brick. The existing trees located along the north and east property lines shall remain and be protected during site development. Further these trees shall be deemed part of the landscape screen, requiring replacement should they die Page 1 of 4 Item 2 The site being rezoned shall be used only for parking required for the B -2 use on the adjoining parcel to the south No buses or tractor trailers, no inoperable vehicles, no vehicles awaiting repair and no display of vehicles for sale will be allowed on the parcel requested for rezoning. Item 3 Road access to the combined B -2 use shall be only by approved VDOT entrances on the south parcel and no entrance shall be requested on streets fronting on the parcels requested for rezoning. The existing residential driveway entrance will be removed. Item 4 The existing Millwood Pike (Route 50) entrance (1) shall be restricted by approved site plan to right in/out to allow only westbound access to Route 50. Item 5 The 3 combined parcels for B -2 use shall have one only VDOT approved entrance on Tulane Drive to the west. Item 6 The owner or their representative shall meet with 4 representatives of the adjoining residential neighborhoods (2 Pembridge Heights and 2 College Park) at their request to review adjoining owners concerns with respect to maintenance and use of the parcel requested to be rezoned. The date, time and place of the meeting will be established within three weeks of notice being given to the owner by the representatives. The owner will be responsible for contacting adjoining owners to select the initial three adjoining owner representatives. These names will be established with the site plan approval. Item 7 The owner is responsible for maintaining all required landscaping. However, a $10,000 bond will be established, as a part of the site plan approval, as a guarantee that maintenance and replacement of site screening and landscaping will occur as needed. The period of the bond will be 10 years. Item 8 As part of the site plan approval process, the owner will enter into a standard planting agreement with VDOT to maintain the 5,000 sq. ft. area shown on Attachment A., and develop that parcel to include, as a minimum, the trees and shrubs shown and a subdivision identification sign. The nature of the sign will be approved by the Pembridge Heights /College Park Representatives. Item 9 No outdoor storage will be allowed on the parcel subject to this rezoning Item 10 A sidewalk shall be provided along the Tulane Drive frontage. Item 11 Signage shall be provided at the access from the site to Tulane Drive to direct exiting traffic to go left, to US Route 50. 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. Page 2 of 4 Respectfully submitted, PROPERTY OWNER By: Date: `i STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 1 D day of 2004, by f� R,n Pcr\ -C My commission expires 1 .)0, 2(1.'0 Notary Public Ci 1 G %:`lm Page 3 of 4 1* #2237 FRANCIS P. LADES, Ei, TO DEED OF DEDICATION CITY OF WINCHESTER, ET AL THIS DEED OF DEDICATION made and dated this 30th day of November 1959, by and between Francis P. Lages and Blanche A. Lages, parties of the first part; and the City of Winchester and the County of Frederick, Virginia, parties of the second part. WHEREAS: The said parties of the first part are the owners, in fee simple, of the property designated as College Park, lying and being situate northeast of the Millwood Pike U. S. Highway No. 50, just southeast of the City of Winchester, in Shawnee Magisterial District, Frederick County, Virginia, more particularly described by that certain plat and survey dated November, 1959, pre- pared by Lee A. Ebert, C.L.S., and now desire to subdivide the said property in accordance with Chapter 23 of the Code of Virginia, as amended, and to dedicate the'streets and easements as shown on the said plat, to the City of Winchester and to the County of Frederick, Virginia. NOW, THEREFORE, WITNESSETH: That for valuable consideration and the benefits that will accrue by reason of this deed of dedication, the said parties of the first part, with their free consent and in accord with their desire to subdivide the hereinafter described property, do hereby dedicate to the City of Winchester and to the County of Frederick, Virginia, for public use, all of the streets and easements shown on the plat of the said property, which is more parti- cularly described by that certain plat and survey dated November, 1959, prepared by Lee A. Ebert, C.L.S., hereto attached, and by this reference made a part of thi deed of dedication, the said property being a portion of the land conveyed to the said parties cf the first part by deed of Asa L. Rosenberger, a widower, dated November 15, 1947, of record in the Clerk's Office of the Circuit Court of Fred- erick County, Virginia, in Deed Book 203, page 134; a portion of the land conveyed to the said parties of the first part by Ferry Engineering Corporation, dated December 22, 1959 of record in the aforesaid Clerk's Office in Deed Book 261, page 137, and a portion of the land conveyed to the said parties of the first part by deed of Asa L. Rosenberger, a widower, dated October 2, 1948, of record in the aforesaid Clerk's Office in Deed Book 215, page 245, to which deeds and the ref- erences therein, reference is made for a further description.of the said property. This conveyance is made subject to the following covenants and restrictions which shall be considered as covenants real running with the land and shall be binding on all subsequent owners thereof, enforceable by the parties of the first part and any purchasers therefrom: (1) The above described property shall not be used for any pur- pose other than residential and only single dwelling units shall be erected thereon at a c:.st of not less than $16,000.00, based on the Revised Wholesale Price Index for Building Materials (1947 -1948 $100.00), as of January 1, 195 published by the United States Department of Labor, Bureau of Vital Statistics. (2) No building shall be erected on any of the said lots closer than 35 feet from the front nor closer than 10 feet from the side boundary lines, except as otherwise shown on the plat. (3) No trailer or temporary dwelling shall be permitted on any written. Rosenberger Lots 5 1 41' W 331.7 ft. to the beginning. Containing 12.0 Acres. Surveyed November, 1959. (4) No hogs, chickens or livestock of any kind shall be kept on any of the said lots. (5) No dog kennels may be maintained on any of the said lots. (6) In event the dwelling to be constructed on any of the said l ots is prefabricated, sixty (60%) per cent of the construction shall be of masonry Witness the following signatures and seals this date first above FRANCIS P. LACES (SEAL) BLANCHE A. IAGES (SEAL) State of Virginia County of Frederick, to -wit: I Eu.la Shipe, a Notary Public of and for the County of Frederic State of Virginia, do certify that Francis P. Lages and Blanche A. Lages, his wife, whose names are signed to the foregoing writing, bearing date the 30th day of Nove ber, 1959, have this day personally appeared before me in my jurisdiction aforesaid and acknowledged the same. Given under my hand this 30th day of November, 1959. My commission expires October 19, 1960. EULA SHIPE Notary Public The accompaning Plat COTJFGE PARK is a Survey of a Portion of the Francis P. Lages and Blanche A. Lages Land. The said Land fronts the north- eastern highway boundary line, and lies northeast of, the Millwood Pike- U. 5. 50, just southeast of the City of Winchester, in Shawnee District, Frederick County Virginia: Beginning at an iron pin in the northeastern highway boundary line of the Millwood Pike, a corner to the Asa L. Rosenberger Lots, also an origina corner to the entire Lages Tract, running with the said boundary line N 63 07' W 61.9 ft. to an iron pin corner to the Perry Engineering Company, Inc. Land; thence with the eastern line of the said Land N 1 41' E 614.63 ft. to an iron pin cor- ner to Lages' other land; thence with the nine following lines of the said other land S 63° 07' E 365.25 ft. to an iron pin corner to Lot 14; thence N 26 53' E 90 ft. to an iron pin corner to Lot 14; thence 5 84° 55' E 242.32 ft. to an iron pin corner to Lot 16; thence 5 63° 07' E 300 ft. to an iron pin corner to Lot 18; thence 5 26 53' W 80 ft. to an iron pin corner to Lot 19; thence 563° 07' E 500 ft. to an iron pin corner to Lot 21; thence S 26 53' W 100 ft. to an iron pin corner to Lot 21 in a line of Princeton Drive and Purdue Drive; thence S 63 07' E 56 ft. to an iron pin; thence S 26° 53' W 256 ft. to an iron pin in the northeastern line of the Rosenberger Lots; thence with the said line N 63° 07' W 3 ft. to an iron pin; thence S 26 53' W 300 ft. to an iron pin in the north- eastern highway boundary line of the Millwood Pike; thence with the said line N 63 07' W 50 ft. to an iron pin; thence N 26 E 300 ft. to an iron pin in the northeastern line of the Rosenberger Lots; thence with the said line N 63 07' W 1210.9 ft. to an iron pin corner to the Rosenberger Lots (the coordinates being N 544,242.85 and E 2, 098, 533.16); thence with the western line of the IEF A. EBERT Certified Land Surveyor, Comm. of Virginia 484. tt' 207 r WINCHESTER- FIRDERICK HEALTH DEPT. 104 NORTH BRADDOCK STREET WINCHESTER,VIRGINIA S. C NOTTINGHAM, M.O. R. WESLEY WILLIANS 63 07' F 365.25' 0 OTHER LAND 3 100' 679'\ 7n 7n' 100' CO OR. N 544,242.65 E 2,098,533.16 3 N 6-6T W b 61.9 MILLW__OQD PIK U COLLEGE PARK SHAWNEE DISTRICT FREDERICK COUNTY, VA. I "_100' NOVEMBER, 1959 LEE A. EBERT, C.L.S. APPROVED. 12 14 59 VA. DEPT. CF HIGHWAYS C. H. COFFMAN RES. ENGR. APPROVED: 12 FREDERICK COUNTY BOARD OF SUPERVISORS C.M. ROSENBERGER CHAIRMAN OTHER LAND J3 07'F 3[0' 100' 1 00' 100' 100' 100' N 63 07'w. 1210.9' LOTS OF ASA L ROSENBERGER APPROVED BY COMMON COUNCIL. CITY OF WINCHESTER, VA. DEC. B. 1459. 5. L GRANT CITY MANAGER OTHER LAND $6t07'F•• 500' m u. 169.08' :.G/ ,y/ 59.8T� {D 141.05' 130' ,L 19J �v�� 20�o LII 2 DRIVE 1 6 N Z 100 5 100' LEE A. EBERT 100 4 10n' CERTIFIED LANG SURVEYOR COMM. OF VIRGINIA1446A 3 3 Ir V Inn' 100' 2 100' 0 130' 100' INF 9 1 00' CURVE DATA NO RAD DELTA ARC. TAN CHORD 1 13.96' II5. 28.07' 22' N59 I7'E 23.57' .2 3077' 69 17' 3725' 21.26' N 82 °14'30"E-3498' g 3 1995' 110 3853' 28.87' N7 45 1 3E 11 W 32.82' I CERTIFY THAT THE LAND IN THIS SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO FRANCIS P. TTW�I LAGES *NO BLANCHE A. LAGES, 1415 WIFE, BY GEED DATED NOVEMBER 15, 1947. AND A MATTER OF RECORD IN V1 DEED BOOK 203 AND A PORTION OF THE LAND CONVEYED TO FRANCIS RLAGES AND BLANCHE A. LAGES, 1.I5 WIFE, BY DEED DATED DECEMBER. 22ND, 1959 AND A MATTER OF RECORD 1N DEED BOOK 261 -137. TIIE N FORMER DEED FROM ASA L. ROSENBERGER, A WIDOWER AND THE LATTER DEED FROM PERRY ENGINEERING COMPANY INC.. ALSO A PORTION 50' X 300' PORTION OF PURDUE DRIVE PORTIONS OF ROSENBERGER Z LOTS 11 5 12 OF THE LAND CONVEYED TO FRANCIS R LACFR AND BLANCHE A. LAGES. HIS WIFE, BY ASA L. ROSENBERGER, A WIDOWER, BY DEED DATED OCTOBER 2, 1948, AND A MATTER OF RECORD IN DEED BOOK 21544 0 50' N b 07'W en MI1.LVi'QQD .ELISE_ =U.`,L 0 2 4 J 0 N 63 07' W 3' 50 Preliminary Matters Monetary Contribution On Site Development REZONING REQUEST PROFFER Property Identification Number 64A -2 -12 64A -2 -13 Shawnee Magisterial District BURLINGTON, LLC ROUTE 50 EAST 24 June 2004 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 #05 -04 for the rezoning of 0.78 acres from the Residential Performance (RP) to Business General (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. The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 0.78 acres, with frontage along Tulane Drive in the Shawnee Magisterial District of Frederick County, Virginia from RP to B -2, a monetary proffer will be provided to Frederick County Fire and Rescue in the amount of $2,000.00 and the Sheriff's Office in the amount of $1,000.00. Payment shall be made at the time of issuance of building permit. The Applicant shall perform and provide the following in accord with the attached Generalized Development Plan (GDP): Item 1 A full landscape screen shall be installed along the north and east sides of the subject property, as shown on the GDP. This shall include an opaque fence 6' high and plantings consisting of 3 trees per 10' of screen. There shall be at least 3 species of plants, with the majority being evergreens, and at least 1/3 being deciduous. All trees will be 4' tall at planting and be 2" in caliper. If opaque screen is of block it shall be painted, stucco on both sides or be textured block. The existing trees located along the north and east property lines shall remain and be protected during site development. Further these trees shall be deemed part of the landscape screen, requiring replacement should they die. Page 1 of 4 Item 2 The site being rezoned shall be used only for parking required for the B -2 use on the adjoining parcel to the south. No buses or tractor trailers, no inoperable vehicles, no vehicles awaiting repair, and no display of vehicles for sale will be allowed on the parcel requested for rezoning. Item 3 Road access to the combined B -2 use shall be only by approved VDOT entrances on the south parcel and no entrance shall be requested on streets fronting on the parcels requested for rezoning. The existing residential driveway entrance will be removed. Item 4 The existing Millwood Pike (Route 50) entrance (1) shall be restricted by approved site plan to right in /our to allow only westbound access to Route 50. Item 5 The 3 combined parcels for B -2 use shall have one only VDOT approved entrance on Tulane Drive to the west. Item 6 The owner or their representative shall meet with 3 representatives of the adjoining residential neighborhood (College Park Representatives) at their request to review adjoining owners concerns with respect to maintenance and use of the parcel requested to be rezoned. The date, time and place of the meeting will be established within three weeks of notice being given to the owner by the representatives. The owner will be responsible for contacting adjoining owners to select the initial three adjoining owner representatives. These names will be established with the site plan approval. Item 7 The owner is responsible for maintaining all required landscaping. However, a $10,000 bond will be established, as a part of the site plan approval, as a guarantee that maintenance and replacement of site screening and landscaping will occur as needed. The period of the bond will be 10 years. Item 8 As part of the site plan approval process, the owner will enter into a standard planting agreement with VDOT to maintain the 5,000 sq. ft. area shown on Attachment A. Item 9 As part of the site plan approval process the owner shall enter into a standard planting agreement with VDOT to develop the VDOT right -of -way as shown on Attachment A to include, as a minimum, the trees and shrubs shown and a subdivision identification sign. The nature of the sign will be approved by the College Park Representatives. Item 10 No outdoor storage will be allowed on the parcel subject to this rezoning. 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. Page 2 of 4 Notary Public Respectfully submitted, PROPERT WNER By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Thjffore ping i e���s\cknowledged before me fhis�H day of l Rnk V 2004, by N. •f L- ff DA My commission expires, Page 3 of 4 1- PC 1 +71.07 i +0 BURLINGTON TO FlNALIZE AGRE TO MAINTAIN 5000 S.F. SHADE EA� WITH SITE PLAN APPROVAL t/ 11 a.�0 00 L522 m0 3� a. zed/ W hi, "fr ,ed... 0. r, N O j f O Pp f OAKS L PC 04-.02 PIN 2' CALIPER RED ®6n PLANTING BUDS o CG —it A EX. R. HEIGHT.::. r 35 +00 y m o I PROPOSED 6 HEIZ H01IES 24' MIN. HEIGHT AT PLANTING 36+00 /TUL COLGE :PAL SUBDNISION SIGN NE DRIVE g 1ST. R =72.5' _5° :ATIO _rE+ tb J SCALE: 1"=30 FT. gilbert w. Clifford associates a division of Patton Harris Rust Associates,pc Engineers. Surveyors. Planners. Landscape Architects. Winchester Vrginia 2260, 1' Winchester Virginia Suite 200 T 540.667.2139 F 540 565.0493 BURLINGTON, L.L.C. REZONING REQUEST PROPOSED COLLEGE PARK I MPROVEMENTS DWG. NO 1 OF 1 EGE—PARK—IMPROVNENS.DWG COLL DRAWN: ,IDS CHKD: RAM SCALE 1' 30' DATE 5/13/04 Sr. ..cr t xrz,kyk at t -9 ace;wo 1"144 114 3 4 0 50444 4 1 a- r i*+4. gilbert w. chfford ass•ates a division of Patton Harris Rust Associales,pc Engineers. Surveyors. Planners. Landscape Architects. PLIl �_l i T�chester, Vi3ggin Suite 200 irginia 22601 1 1 11 F 540 665.0493 To: Jeremy Camp Organization /Company: Frederick Coun Planning From: Ron Mislowsky Date: June 24, 2004 Project Name /Subject: Burlington Rezoning PHR +A Project file Number: cc: LarryAmbrogi We've revised the proffers per your comments of June 23, 2004. I've enclosed the new version. The changes are: 1. We've noted that the existing entrance is to be removed. 2. We've increased the amount of the bond, noted the period of the bond is to be 10 years and included the screening component into the covered areas. 3. We've included the GDP and Attachment A. We did not revise the proffer regarding the wall. We cannot guarantee that a block wall will be provided around the entire site perimeter. Certainly, in the area of the motel garden the block wall will be provided, but that is actually in an area we are not rezoning. I've copied the County Attorney on this resubmittal to solicit his comments. Call if you have additional questions. Memorandum gilhert w. clifford associates a division c,' Patron Harris Rust 8 Assoclates,pc Engineers. Surveyors. Plannere. Londscope Architect:. P To: Organization /Company: From: Date: Project Name/Subject: PHR +A Project file Number: cc: 1. 2 117 Emei Ficeadilly $I tul, Suite 20: Winchester, V.rglnia 22661 T 540667 F 540065.0497 Jeremy Camp 'd E8bU- 599 -0175 Frederick County Planning Ron Mislowsky June 24, 2004 Burlington Rezoning Larry Ambrogi I've copied the County Attorney on this resubmittal to solicit his comments. Call if you have additional questions. Memorandum We've revised the proffers per your comments of June 23, 2004. I've enclosed the new version. The changes are: We've noted that the existing entrance is to be removed. We've increased the amount of the bond, noted the period of the bond is to be IC years and included the screening component into the covered areas. 3. We've included the GDP and Attachment A. We did not revise the proffer regarding the wall. We cannot guarantee that a block wall will be provided around the entire site perimeter. Certainly, in the area of the motel garden the block wall will be provided, but that is actually in an area we ate not retuning JUN 2 4 2004 •ovsse 1 p-wddt To 'm' d6T:2T b❑ bZ unr' Preliminary Matters Monetary Contribution On Site Pevclopment a'd E6b0- S99 Ob5 REZONING REQUEST PROFFER Property Identification Number 64A -2 -12 64A -2 -13 Shawnee Magisterial District BURLINGTON, LLC ROUTE 50 EAST 24 June 2004 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 #05 -04 for the rezoning of 0.78 acres from the Residential Performance (RP) to Business General (8-2). 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. The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 0.78 acres, with frontage along Tulane Drive in the Shawnee Magisterial District of Frederick Cnnnty, Virginia from RP to B -2, a monetary proffer will be provided to Frederick County Fire and Rescue in the amount of $2,000.00 and the Sheriff's Office in the amount of 51,000.00. Payment shall be made at the time of issuance of building permit. The Applicant shall perform and provide the following in accord with the attached Generalized Development Plan (GDP): Item 1 A full landscape screen shall be installed along the north and east sides of the subject property', as shown on the GDP. This shall include an opaque fence 6' high and plantings consisting of 3 trees per 10' of screen. There shall be at least 3 species of plants, with the majority being evergreens, and at least 1/3 being deciduous. All trees will be 4' tall at planting and be 2" in caliper. If opaque screen is of block it shall be painted, stucco on both sides or be textured block. The existing trees located along the north and east property lines shall remain and he prnterterl during site development. Further these trees shall be deemed part of the landscape screen, requiring replacement should they die. Pagel of •posse re P- '°dd?io •m•2 d6T :21 b0 fr2 unr Item 2 The site being rezoned shall be used only for parking required for the B -2 use on the adjoining parcel to the south. No buses or tractor trailers, no inoperable vehicles, no vehicles awaiting repair, and no display of vehicles for sale will be allowed on the parcel requested for rezoning. Item 3 Road access o the combined 13-2 use shall be only by approved VDOT entrances south and no entrance shall be requested on streets fronting on the requested Cut rezoning. The existing residential driveway entrance will be removed. Item 4 The existing Millwood Pike (Route 50) entrance (1) shall be restricted by approved site plan to right in /out to allow only westbound access to Route 50. Item 5 The 3 combined parcels for B 2 use chap have one only VDOT approved entrance on Tulane Drive to the west. Item 6 The owner or their representative shall meet with 3 representatives of the adjoinurg residential neighborhood (College Park Representatives) at their request to review adjoining owners concerns with respect to maintenance and use of the parcel requested to be rezoned. The date, time and place of the meeting will be established within three weeks of notice being given to the owner by the representatives. The owner will be responsible for contacting adjoining owners to select the initial three adjoining owner representatives. These names will be established with the site plan approval. Item The owner is responsible for maintaining all required landscaping. However, a x10,000 bond will be established, as a part of the site plan approval, as a guarantee that maintenance and replacement of site screening and landscaping will occur as needed. The period of the bond will be 10 years. Item R .As part of the cite plan approval process, the owner will enter into a standard planting agreement with VDOT to maintain the 5,000 sq. ft. area shown on Attachment A. Item 9 As parr of the site plan approval process the owner shall enter into a standard planting agreement with VDOT to develop the VDOT right -of -way as shown on Attachment A to include, as a minimum, the trees and shrubs shown and a subdivision identi&cation sign. The nature of the sign will be approved by the College Park Representatives. Item 10 No outdoor storage will be allowed on thc parcel subject to this rezonin The conditions proffered above shall be binding upon thc 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. E' d E6b0- S99 -04S Page 2 of 4 'oosse '3 p.ojjtio .m'2 d61 :2I fro b2 unp y•d Respectfully submitted. PROPERTY OWNER By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COI INTY, To -wit: The foregoing instrument was acknowledged before me this day of 2004, by My commission expires Notary Public Page 3 of 4 E6170- S99 -0*S •posse P- 10.4.M o •m•2 d02 :21 b0 b2 unf BURLINGTON TO FINALIZE ACR TO MAINTAIN 5000 S.F. SHADE WITH SITE PLAN APPROVAL SCALE: 1 =30 FT. gilbert w. ciifford associates a awtaran or P atton Harris Rust 8 Associates,pc Engineers. Surveyors. Planners. lanaecape Architects. P 117 East Pieced: 9y Strcot, Suite 200 WinchAttr,, Virginia ne01 T 560.6672139 F 560 665.0692 CN Fr PURL- UPROVEIEMSOwc DRAM: JO$ I clm: RAIL BURLINGTON, 1.1.0. REZONING REQUEST PROPOSED COLLEGE PARK IMPROVEMENTS SCALE 1" 30' DWG. NO. 1 OF 1 Mt 5/13/04 S d EBb0- 599 -0b5 •oosse p.aoJJIio •rn•Z d02 :2I *0 *2 unr l3urlineton Rezoning Proffers Subject: Burlington Rezoning Proffers Date: Wed, 23 Jun 2004 16:37:49 -0400 From: "Jeremy F. Camp" <jcamp n co.frederick.va.us> To: Ron Mislowsky <Ronald.Mislowsky a phra.com> Hello Ron: I have the following comments regarding the revised Buringlington Proffer Statement which was submitted for my review on June 17th. Comments: 1) Please provide County Attorney Comments on the revised proffer statement. The revised proffer statement needs to be signed by the property owner and notarized. 2) Please consider rewording the proffer statement to guarentee a particular style of opaque screening. Item 1 does not guarentee this, because it uses the phrase "If opaque screen is of block It may be appropriate to specify a precise type of block wall and provide a typical detail on the GDP. 3) Please consider providing a specific time frame in which the bond for the landscaping shall be held (ie 5 years). It may also be appropriate to increase the amount of this bond to cover the block wall and all landscaping on the property. It may also be appropriate to provide an estimate for all landscaping and the opaque screening as information.. 4) Please be sure to include a revised GDP and Attachment A with the final proffer statement. 5) It may be more appropriate to reword Item 3 to guarentee that no entrances will be located on the parcel requested for rezoning and that the existing entrance shall be removed. The current proffer does not specifically specify that the existing entrance will be removed. It only states that no entrance shall be requested. The cut -off for the July 2I st PC meeting is June 28th, which is this monday. Let me know if you have any questions. Sincerely, Jeremy F. Camp, I of I 6/23/2004 4:45 I'M P CORPORATE Ch0[1111 VIRGINIA OFFICES: Chantilly Bridgewater Fredericksburg Leesburg Richmond Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES' Baltimore Columbia Frederick Germonrown Hollywood WEST VIRGINIA OFFICE: Martinsburg 540.6672139 F 540.665.0493 117 East Piccadilly Sheet Winchester, 1(4 22601 Patton Harris Ru� Associates,pc Engineers. Surveyors. Planners. Landscape Architects. June 15, 2004 Jeremy Camp Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Burlington Rezoning Dear Jeremy, I've attached the revised proffers for your review. All of the changes we discussed on Tuesday morning have been implemented but one; we did not include recreation vehicles in those vehicles excluded from the site to be rezoned. We believe it is possible for a person or family with a recreational vehicle, of any size, to stay at the proposed motel. Certainly if that vehicle can make use of the spaces provided, it should be allowed to do so. Otherwise all of your comments are addressed and we look forward to your placing this item on the next Planning Commission Agenda. Call if you have questions. Regards, gilbert w. Clifford associates cc: Bipen Patel 1. Ronald A. Mislowsky, P.E., VP t REC EIV D JUN 1 7 2004 'FF+L `€HECK COi1Ni PLANNING f VELO?MENT Preliminary Matters On Site Development REZONING REQUEST PROFFER Property Identification Number 64A-2- 12 64A-2- 13 Shawnee Magisterial District BURLINGTON, LLC ROUTE 50 EAST 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 05 -04 for the rezoning of 0.78 acres from the Residential Performance (RP) to Business General (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. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 0.78 acres, with frontage along Tulane Drive in the Shawnee Magisterial District of Frederick County, Virginia from RP to B -2, a monetary proffer will be provided to Frederick County Fire and Rescue in the amount of $2,000.00 and the Sheriff's Office in the amount of $1,000.00. Payment shall be made at the time of issuance of building permit. The Applicant shall perform and provide the following in accord with the attached Generalized Development Plan (GDP): Item 1 A full landscape screen shall be installed along the north and east sides of the subject property, as shown on the GDP. This shall include an opaque fence 6' high and plantings consisting of 3 trees per 10' of screen. There shall be at least 3 species of plants, with the majority being evergreens, and at least 1/3 being deciduous. All trees will be 4' tall at planting and be 2" in caliper. f o.aque screen is of block it shall be painted, stucco on both sides or be textured bloc The existing trees located along the north and east property lines shall remain and be protected during site development. Further these trees shall be deemed part of the landscape screen, requiring replacement should they die. Item 2 The site being rezoned shall be used only for parking required for the B -2 use on the adjoining parcel to the south. No buses or tractor trailers, no inoperable vehicles, no vehicles awaiting repair, and no display of vehicles for sale will be allowed on the parcel requested for rezoning Page 1 of 4 Item 3 Road access to the combined B -2 use shall be only by approved VDOT entrances on the south parcels and no entrance shall be requested on streets fronting on the parcel requested for rezoning Item 4 The existing Millwood Pike (Route 50) entrance (1) shall be restricted by approved site plan to right in/out to allow only westbound access to Route 50. it Item 5 The 3 combined parcels for B -2 use shall have one only VDOT approved entrance on Tulane Drive to the west. Item 6 The owner or their representative shall meet with 3 representatives of the adjoining residential neighborhood (College Park Representatives) at their request to review adjoining owners concerns with respect to maintenance and use of the parcel requested to be rezoned. The date, time and place of the meeting will be established within three weeks of notice being given to the owner by the representatives. The owner will be responsible for contacting adjoining owners to select the initial three adjoining owner representatives. These names will be established with the site plan approval. Item 7 The owner is responsible for maintaining all required landscaping However, a $5,000 bond will be established, as a part of the site plan approval, as a guarantee that maintenance and replacement of site landscaping will occur as needed. Item 8 As part of the site plan approval process, the owner will enter into a standard planting agreement with VDOT to maintain the 5,000 sq. ft. area shown on Attachment A. Item 9 As part of the site plan approval process the owner shall enter into a standard planting agreement with VDOT to develop the VDOT right -of -way as shown on Attachment A to include, as a minimum, the trees and shrubs shown and a subdivision identification sign. The nature of the sign will be approved by the College Park Representatives. Item 10 No outdoor storage will be allowed on the parcel subject to this rezoning. 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. Page 2 of 4 III PROFFER STATEMENT Burlington LLC Rezoning Monetary Contribution On Site Development REZONING REQUEST PROFFER Property Identification Number 64A -2 -12 64A -2 -13 Shawnee Magisterial District BURLINGTON, LLC ROUTE 50 EAST 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 05 -Ott for the rezoning of 0.78 acres from the Residential Performance (RP) to Business General (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. The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 0.78 acres, with frontage along Tulane Drive in the Shawnee Magisterial District of Frederick County, Virginia from RP to B -2, a monetary proffer will be provided to Frederick County Fire and Rescue in the amount of $2,000.00 and the Sheriff's Office in the amount of $1,000.00. Payment shall be made at the time of issuance of building permit. The Applicant shall perform and provide the following in accord with the attached Generalized Development Plan (GDP): Item 1 A full landscape screen along the north and cast sides of the subject property as shown as item 1 on the GDP. This shall include an opaque fence 6' high and plantings consisting of 3 trees per 10' of screen. There shall be at least 3 species of plants, with the majority being evergreens, and at least 1/3 being deciduous. All trees will be 4' tall at planting and be 2" in caliper. Item 2 The site being rezoned shall be used only for parking required for the B -2 use on the adjoining parcel to the south. Item 3 Road access to the combined B -2 use shall be only by approved VDOT entrances on the south parcels and no entrance shall be requested on streets fronting on the parcel requested for rezoning. Page 1 of 3 Item 4 The existing Millwood Pike (Route 50) entrance (1) shall be restricted by approved site plan to right in /out to allow westbound entrance from and exit to Route 50. Item 5 The 3 combined parcels for B -2 use shall have one only VDOT approved entrance on Tulane Drive to the west. Item 6 A continuous evergreen hedge row screen consisting of approved shrubs will be planted along the frontage with Tulane Drive of the rezoned parcel. 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 O R By: r Date: 91 /4 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: tm The foregoing instrument was acknowledged before me this l Z day of 2004, by S R 1 1j 2( -RD 60 My commission expires %ni Notary Public eta 113 n Page 2 of 3 gilbert w. difford associates ad'mgmof Patton, Harris, Rust Associates, pc 1t7 E Foy* 3. Winchester, Yrgna 22601 Y3C (540) 667 -2131 FAC (540) 665-0493 BURLINGTON, LLC REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the proffered rezoning of parcel 64A -2 -12 13, owned by Burlington LLC totaling 0.78± acres. The subject parcel is located on the east side of Tulane Drive (Route 797), approximately 300 feet from Millwood Pike (US Route 50). The current zoning is RP, Residential Performance District. The applicants propose to rezone the 0.78± acres to B2, Business General District to allow for the expansion of the parking lot to serve a future hotel use on the adjoining parcel. Please see the attached Site Plan entitled Burlington, LLC, Rezoning, prepared by Gilbert W. Clifford Associates dated February, 2004 Basic Information Location: East of Tulane Drive, south of Princeton Drive Magisterial District: Shawnee Property ID Numbers: 64A -2 -12 13 Current Zoning: RP District Current Use: Residential Proposed Use: Parking Lot Proposed Zoning: B2 District Total rezoning area: 0.78± acres COMPREHENSIVE PLAN 1. Urban Development Area Expansion of the Urban Development Area (UDA) beyond its existing boundary is not required by this application. 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. 1 Access A. SUITABILITY OF THE SITE The subject site, tax parcels 64A -2 -12 and 13 have approximately 420 feet of frontage along Tulane and Princeton Drives. The development of this property as a parking lot will allow for the elimination of an existing private residential access drive serving the existing residence on the subject parcel. Flood Plains The site is located as "Zone C area outside the 100 -year flood plain. Wetlands The National Wetlands Inventory Map indicated that there are no wetlands on the subject site. Soil Types The following soil types contained in this tract have been obtained from the Soil Survey of Frederick County, published by the USDA Soil Conservation Service. The subject site is located on map sheet number 36, and contains the following soil type: 3B Blairton, Silt Loam, 2-7°A covers 100% of the site. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Zoned RP District Residential South: Zoned B2 District Future Hotel East: Zoned RP District Residential West: Zoned B2 District Holiday Inn 2 C. TRANSPORTATION The proposal to rezone the 0.78± acre parcel to B2 District to allow for the expansion of the adjoining parking lot will allow for the elimination of an existing private access drive on Princeton Drive. The applicant has proffered that access to this parcel will occur via existing entrances to the adjoining site. Therefore, the proposed rezoning will mitigate an existing impact to Princeton Drive, thus improving access management in this area. D. SEWAGE CONVEYANCE AND WATER SUPPLY The adjoining site has public water and sewer service provided by the City of Winchester Public Utilities Department. No water or sewer service will be required to serve the 0.78± acre parcel once it is rezoned and developed as a parking lot. Therefore, there is no impact to water supply or sewage conveyance systems. E. DRAINAGE The 0.78± acre parcel naturally drains to the north and east. The development of this parcel as a parking lot will be designed to direct storm water to the south to an existing culvert pipe at US Route 50. The net impact to stormwater flow along Princeton and Tulane Drive therefore is positive. F. SOLID WASTE DISPOSAL G. HISTORICAL SITES AND STRUCTURES The proposal to rezone the 0.78± acre parcel to B2 District to allow for the expansion of the adjoining parking lot will allow for the elimination of a single family dwelling. Therefore, the proposed rezoning will mitigate an existing impact for solid waste disposal. The Frederick County Rural Landmarks Survey does not identify potentially significant structures on the 0.78± acre parcel or within proximity of the subject site. H. OTHER IMPACTS The proposal to rezone the 0.78± acre parcel to B2 District to allow for the expansion of the adjoining parking lot will not impact other services provided by Frederick County and/or the City of Winchester. 3 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: 05/05/04 Pending Board of Supervisors: 05/26/04 Pending PROPOSAL: To rezone .78 acres from the RP (Residential Performance) District to the B2 (Business General) District. LOCATION: The property is located east of Winchester and north of Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 64A -2 -12 and 64A -2 -13 PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Residential ADJOINING PROPERTY ZONING PRESENT USE: North: Zoned RP (Residential Performance) District Use: Residential (College Park Subdivision) South: Zoned B2 (Business General) Use: Vacant (Intended site offuture hotel) East: Zoned RP (Residential Performance) District Use: Residential (College Park Subdivision) West: Zoned B2 (Business General) Use: Commercial (Holiday Inn) PROPOSED USE: Parking lot to serve adjacent commercial use REVIEW EVALUATIONS: REZONING APPLICATION #05 -04 BURLINGTON, LLC Staff Report for the Planning Commission Meeting Prepared: April 19, 2004 Staff Contact: Jeremy F. Camp, Planner II 0 1— 077 aril/ Lk/tic/ ei444%/r ivero m 2ct— ��i, L 4 conk v j retie- REZ Burlington, LLC Page 2 April 19, 2004 Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 50 and 797. These routes are the VDOT roadways which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Burlington, LLC rezoning application dated March 17, 2004 address 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 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. Fire Marshal: Fire lanes and emergency vehicle access shall be identified during the site plan process and shall meet the requirements of Frederick County Code section 90 -4 and the International Fire Code in force at the time of construction. Fire lanes are required at all fire hydrants, fire department connections and all normal and emergency access points to the structure. Water supplies for firefighting shall meet the requirements of Frederick County Code section 90 -4 and Appendix B of the International Fire Code in force at the time of construction. Plan approval recommended. Millwood Station: Fire lanes need to accommodate aerial ladder trucks. Proper hydrant coverage. Frederick Winchester Service Authority: No comments. County Engineer: Provide a narrative indicating the proposed method of stormwater management to be applied to the site development, i.e., on -site detention or possible off -site drainage improvements. Sanitation Authority: We do not serve this area. Inspections: Demolition permit is required for structures to be removed along with asbestos inspection in accordance to section 112.1.4. No additional comments required at this time. Shall comment at the time of site plan review. Health Department: Health Department has no objections to the request as stated as long as available public water and sewer are utilized. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. These properties are within the study area of the First and Second Battles of Winchester; however, they are currently part of College Park subdivision and already contain a house and, therefore, have lost their integrity. REZ Burlington, LLC Page 3 April 19, 2004 County Attorney: Appears to meet all legal requirements. Frederick County Public Schools: No comments at this time. Frederick County Department of Parks Recreation: No comment. Winchester Regional Airport: The proposed rezoning request for the Burlington, LLC property is in conformance with the Frederick County Comprehensive Policy Plan and the proposed zoning is compatible with airport operations. It appears that this rezoning will not have an impact on operations at the Winchester Regional Airport. Winchester City Planning Department: No comments other than to note that having the direct connection to Route 50 so close to the signalized intersection seems like poor planning. Should consider making it a right in/right -out access only and make use of the side street entrance for all left turn movements. Planning Zoning: 1. Site History: The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the subject parcel as R -2 (Residential Limited) District. The zoning changed to RP (Residential General) District on September 28, 1983 when the RI, R2, R3, and R6 zoning districts were reclassified. 2) Location: The property is behind the site of the former Hardee's Restaurant on Millwood Pike (Route 50). It is located east of Winchester, on the east side of Tulane Drive. The two parcels of land consist of .78 acres of land, and are currently lots 12 and 13 of the College Park Subdivision. The site of the proposed rezoning is within the Shawnee Magisterial District. A single family residence is persently located on the subject site. 3) Comprehensive Policy Plan: Land Use Compatibility: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. (Comprehensive Policy Plan, p. 1 -1) The area comprising this rezoning is within the study limits of the Route 50 East Corridor land use plan, but are outside of the area planned for future uses. The .78 -acre site is within an area REZ Burlington, LLC Page 4 April 19, 2004 of existing residential uses adjacent to existing commercial uses. Introducing commercial uses within the residential neighborhood may impact existing residents. Efforts should be made to minimize these impacts. (Comprehensive Policy Plan, pages 6 -17 through 6 -20) The subject property is within close proximity of the Interstate 81 Interchange (exit 313). As described in the Frederick County Comprehensive Policy Plan, the "Idealized Interchange Development Pattern" includes retail and service uses within closest proximity of interchanges, followed by buffered residential uses. The proposed rezoning appears to be general ly consistent with this land use policy standard. (Comprehensive Policy Plan, page 6 -10). The UDA (Urban Development Area) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the county where more intensive forms of development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. Substantial areas of land are needed for business uses in the UDA. The subject property is located entirely within the UDA. (Comprehensive Policy Plan, p. 6 -1, 6 -2, 6 -5). 4) Site Suitability (Impact Analysis Statement) A. Flood Plain: none B. Wetlands: none D. Steep Slopes: none E. Soils: The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Clearbrook Blairton soil association, which is the predominant association on land located east of Interstate 81. It is noted that these types of soil present some limitations to site development due to a seasonal high water table, frost, and depth to bedrock. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. F. Historical Resources: none 5) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The following list is a summary of the conditions voluntarily proffered by the applicant: REZ Burlington, LLC Page 5 April 19, 2004 Monetary contribution of $3,000 to Frederick County for Fire Rescue and Police Services. General conformance with the associated General Development Plan (GDP). Planning Staff Comment: The GDP states that there will be a meeting room in the proposed hotel facility on the property to the south. The nature and size of this meeting room will need to he clarified by the applicant during the site plan review process to ensure that adequate parking and safety improvements are provided for the facility. There may need to be more than 116 parking spaces for the facility, depending on this information. Provision for a landscape screen and a 6' tall opaque fence along the east and north property lines. Planning Staff Comment: This proffered screen is a requirement of the Frederick County Zoning Ordinance. Enhanced landscaping and /or fencing should be considered. Provision that the site will only be used for a parking lot. Restriction of access other than through the future use on the adjoining B -2 parcel to the south. Modification of the existing entrance along Millwood Pike (Route 50) as to restrict the entrance and exit of eastbound traffic. Limitation of only one commercial entrance on Tulane Drive for the entire future hotel site. No entrances shall be located on the property proposed for rezoning. Planting of a continuous evergreen hedge row along Tulane Drive. STAFF CONCLUSIONS FOR THE 05/05/04 PLANNING COMMISSION MEETING: This application is a request to rezone .78 acres of land from the RP (Residential Performance) District to the B2 (Business General) District. The applicant is seeking the rezoning of this property with the intent of developing a hotel on the parcel to the south and using the .78 -site for parking. The proffer to limit the future use of the subject property as a parking lot only, along with the other proffered conditions, help mitigate much of the impact that this rezoning will have. All issues identified by the Planning Commission during the scheduled public hearing should be adequately addressed by the applicant. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. P CORPORATE Chanlilly VIRGINIA OFFICES: Chantilly Bridgewater Fredericksburg Leesburg Richmond Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly 'redericksbmg MARYLAND OFFICES: altimore Columbia Srederick Germantown Hollywood NEST VIRGINIA OFFICE: Nlarrl ns brrr0 540.667.2139 F 540 665.0493 117 East Piccadilly Street Winchester, VA 22601 Patton Harris Rust Associates,pc Engineers. Surveyors_ Planners. Landscape Archirecrs. August 17, 2004 Mark Cheran Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Burlington Rezoning Dear Mark, We've revised the proffers for this rezoning. The reference to long term rental has been removed from Item #2 and Item 11 has been clarified to refer to the access from the site onto lane Drive. I've enclosed a signed copy of the statement for your use. Thank you for your quick attention to this matter. Regards, PATTON HARRIS RUST ASSOCIATES, pc Ronald A. Mislowsky, P.E., VP sir,. s l% l 4 •V: RECEIVE: D All6 1 1 2004 COMMONWEALTHS AiTUHnc FREDERICK COUNTY REZONING REQUEST PROFFER Property Identification Number 64A -2 -12 64A -2 -13 Shawnee Magisterial District BURLINGTON, LLC ROUTE 50 EAST 17 August 2004 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 05 -04 for the rezoning of 0.78 acres from the Residential Performance (RP) to Business General (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. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 0.78 acres, with frontage along Tulane Drive in the Shawnee Magisterial District of Frederick County Virginia from RP to B -2, a monetary proffer will be provided to Frederick County Fire and Rescue in the amount of $2,000.00 and the Sheriff's Office in the amount of $1,000.00. Payment shall be made at the time of issuance of building permit. On Site Development The Applicant shall perform and provide the following in accord with the attached Generalized Development Plan (GDP): Item 1- A full landscape screen shall be installed along the north and east sides of the subject property, as shown on the GDP. This shall include an opaque fence 6' high and plantings consisting of 3 trees per 10' of screen. There shall be at least 3 species of plants, with the majority being evergreens, and at least 1/3 being deciduous. All trees will be 4' tall at planting and be 2" in caliper. The opaque screen shall be painted, stucco on both sides, textured block, or brick. The existing trees located along the north and east property lines shall remain and be protected during site development. Further these trees shall be deemed part of the landscape screen, requiring replacement should they die. Page 1 of 4 Item 2 The site being rezoned shall be used only for parking required for the B -2 use on the adjoining parcel to the south. No buses or tractor trailers, no inoperable vehicles, no vehicles awaiting repair and no display of vehicles for sale will lie allowed on the parcel requested for rezoning A Item 3 Road access to the combined B -2 use shall be only by approved entrances on the south parcel and no entrance shall be requested on streets fronting on the parcels requested for rezoning. The existing residential drivewayentrance will be removed. Item 4 The existing Millwood Pike (Route 50) entrance (1) shall be restricted by approved site plan to right in /out to allow only westbound access to Route 50. Item 5 The 3 combined parcels for B use shall have one only VDOT approved entrance on Tulane Drive to the west. Item 6 The owner or their representative shall meet with 4 representatives of the adjoining residential neighborhoods (2 Pembridge Heights and 2 College Park) at their request to review adjoining owners concerns with respect to maintenance and use of the parcel requested to be rezoned. The date, time and place of the meeting will be established within three weeks of notice being given to the owner by the representatives. The owner will be responsible for contacting adjoining owners to select the initial three adjoining owner representatives. These names will be established with the site plan approval. Item 7 The owner is responsible for maintaining all required landscaping. However, a $10,000 bond will be established, as a part of the site plan approval, as a guarantee that maintenance and replacement of site screening and landscaping will occur as needed. The period of the bond will be 10 years. Item 8 As part of the site plan approval process, the owner will enter into a standard planting agreement with VDOT to maintain the 5,000 sq. ft. area shown on Attachment A, and develop that parcel to include, as a minimum, the trees and shrubs shown and a subdivision identification sign. The nature of the sign will be approved by the Pembridge Heights /College Park Representatives. Item 9 No outdoor storage will be allowed on the parcel subject to this rezoning. Item 10 A sidewalk shall be provided along the Tulane Drive frontage. Item 11 Signage shall be provided at the access from the site to Tulane Drive to direct exiting traffic to go left, to US Route 50. 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. Page 2 of 4 Respectfully submitted, PROPERTY OWNER By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 1 day of 3 j6+ 2004, by e) �h c, -k' V `l Notary Public (---fin i cx�`r "17 flr1 My commission expires \)pa A 3 2(t 41031 C O(IA Page 3 of 4 RE ZONING REQUEST PROFFE R Property Identification Number 64A-2-12 64A-2 -13 Shawnee Magisterial District BURLINGTON, LLC ROUTE 50 EAST 17 August 2004 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 05 -04 for the rezoning of 0.78 acres from the Residential Performance (RP) to Business General (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. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 0.78 acres, with frontage along Tulane Drive in the Shawnee Magisterial District of Frederick County, Virginia from RP to B 2, a monetary proffer will be provided to Frederick County Fire and Rescue in the amount of $2,000.00 and the Sheriff's Office in the amount of $1,000.00. Payment shall be made at the time of issuance of building permit. On Site Development The Applicant shall perform and provide the following in accord with the attached Generalized Development Plan (GDP): Item 1- A full landscape screen shall be installed along the north and east sides of the subject property, as shown on the GDP. This shall include an opaque fence 6' high and plantings consisting of 3 trees per 10' of screen. There shall be at least 3 species of plants, with the majority being evergreens, and at least 1/3 being deciduous. All trees will be 4' tall at planting and be 2" in caliper. The opaque screen shall be painted, stucco on both sides, textured block, or brick. The existing trees located along the north and east property lines shall remain and be protected during site development. Further these trees shall be deemed part of the landscape screen, requiring replacement should they die. Page 1 of 4 r.' Item 2 The site being rezoned shall be used only for parking required for the B -2 use on the adjoining parcel to the south. No buses or tractor trailers, no inoperable vehicles, no vehicles awaiting repair and no display of vehicles for sale will be allowed on the parcel requested for rezoning. Item 3 Road access to the combined B -2 use shall be only by approved VDOT entrances on the south parcel and no entrance shall be requested on streets fronting on the parcels requested for rezoning The existing residential driveway entrance will be removed. Item 4 The existing Millwood Pike (Route 50) entrance (1) shall be restricted by approved site plan to right in/out to allow only westbound access to Route 50. Item 5 The 3 combined parcels for B -2 use shall have one only VDOT approved entrance on Tulane Drive to the west. Item 6 The owner or their representative shall meet with 4 representatives of the adjoining residential neighborhoods (2 Pembridge Heights and 2 College Park) at their request to review adjoining owners concems with respect to maintenance and use of the parcel requested to be rezoned. The date, time and place of the meeting will be established within three weeks of notice being given to the owner by the representatives. The owner will be responsible for contacting adjoining owners to select the initial three adjoining owner representatives. These names will be established with the site plan approval. Item 7 The owner is responsible for maintaining all required landscaping. However, a $10,000 bond will be established, as a part of the site plan approval, as a guarantee that maintenance and replacement of site screening and landscaping will occur as needed. The period of the bond will be 10 years. Item 8 As part of the site plan approval process, the owner will enter into a standard planting agreement with VDOT to maintain the 5,000 sq. ft. area shown on Attachment A, and develop that parcel to include, as a minimum, the trees and shrubs shown and a subdivision identification sign. The nature of the sign will be approved by the Pembridge Heights /College Park Representatives. Item 9 No outdoor storage will be allowed on the parcel subject to this rezoning. Item 10 A sidewalk shall be provided along the Tulane Drive frontage. Item 11 Signage shall be provided at the access from the site to Tulane Drive to direct exiting traffic to go left, to US Route 50. 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. Page 2 of 4 Respectfully submitted, PROPERTY OWNER By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this i D day of [i�ii ISM' 2004, by N. R, �c 1i' v My commission expires c)0 ):A f) 701 Notary Public Page 3 of 4