The URL can be used to link to this page

Home My WebLink About07-04 ApplicationAugust 13, 2004 Mr. Charles Maddox Gilbert W. Clifford Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: REZONING #07 -04, LAWRENCE REZONING Dear Chuck: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of August 12, 2004. The above referenced application was approved to rezone 1.965 acres from RA (Rural Areas) District to the B2 (Business General) District. The subject property is located east side of Martinsburg Pike (Roue 11 N), south and adjacent to Clearbrook Presbyterian Church. and bounded to the east and south by Clearbrook Park, and is identified with Property Identification Number 33 -A -162, in the Stonewall Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, ark R. cheran Interim Zoning Administrator MRC/bhd cc: Gilliam H. Lawrence, III, PO Box 8, Clearbrook, VA 22624 _Pynda J. Tyler, Board of Supervisors, Stonewall District —an Light, Stonewall District Planning Commissioner —ie Anderson, Real Estate missioner of Revenue CO em: larles S. DeHaven, Jr., Stonewall District Planning Commissioner 107 North Kent Street Winchester, Virginia 22601 -5000 FILE COPY Y of' FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 Jul 20 04 08:23a g.w. clifford assoc. GRi,t.d)RY r Y•WNS GRFCORY r HIITCHINSON Junel 2004 Clearbrook Woolen Shop PO. Box 8 Clear Brook, VA 22624 Dear Mr. Lawrence: Presbyterian' Parish of the Valleys 7152 Middle Road Middletown, VA 22645 540- 869 -2456 Ovalleys@Shentel.net Dr. C. Richard Slifer, 11 Parish Pastor 540- 665 -0493 4110 n m 0/ N )004 p )2 On behalf of the Session (the governing board) of the Clear Brook Presbyterian Church, we would like to thank you for meeting with us to explain the rezoning possibility you envision as you sale your business. Your concern for the weltbe4tg of the Clear Brook community was certainly evident. We appreciate the neighborly relationship our church and your business hive had over the years. We do not object to having the zoning status of the business area of Clear Brook changed to "B•2" which we undersrandto be approval for light business. We believe this status could be of benefit for the community_ Sincerely, C. Richard Slider, it Caroline- Nickerson Senior Pastor, Presbyterian Parish of the Valleys Clerk of Session, Clear Brook Presbyterian Church Addendum July 19,2004 We aeree that a screening is not neccssary between the Church and the Woolen Shop e 57‘6.-- C. Richard Slider, 11 Parish Pastor RI rv.u.oritwtinct p. 2 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 Planning Commission: 07/21/04 Board of Supervisors: 08/11/04 REZONING APPLICATION #07 -04 WILLIAM H. LAWRENCE, III Staff Report for the Board of Supervisors Public Hearing Prepared: July 27, 2004 Staff Contact: Mark R. Cheran, Interim Zoning Administrator Action Recommended Approval Rea-14444g A (Eo vra PROPOSAL: To rezone 1.965 acres from RA (Rural Areas) District to B2 (Business General) District. LOCATION: The property is located east of Martinsburg Pike (Route 11 North) and south of the Clearbrook Presbyterian Church property, approximately 150 feet south of the intersection of Martinsburg Pike and Brucetown Road (Route 672), in the Stonewall Magisterial District. The property is further bounded by Clearbrook Park to the east and south. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33 -A -162 PROPERTY ZONING PRESENT USE: Rural Areas (RA), Woolen Shop ADJOINING PROPERTY ZONING PRESENT USE: NORTH: RA (Rural Areas), Institutional (Clearbrook Presbyterian Church) SOUTH: RA (Rural Areas), Public Recreation (Clearbrook Park) EAST: RA (Rural Areas), Public Recreation Clearbrook Park) WEST: B3 (Industrial Transition), Commercial PROPOSED USE: General Commercial REZ #07 -04, William H. Lawrence, I1I Page 2 July 27, 2004 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the William H. Lawrence, III rezoning application dated June 23, 2004 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: It is possible that additional fire hydrants and fire protection may be required dependent on the type and size of any new structures. It is difficult to identify whether the proffer amount is an appropriate amount without knowing what specific occupancy would be constructed. Plan approval recommended. Frederick Winchester Service Authority: No comment. County Eng ineer: We have no comments concerning the proposed rezoning. Sanitation Authority: No comment. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered this rezoning proposal during their meeting of April 20, 2004. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report as well as information given by the applicant. The subject parcel contains the Old Woolen Shop and although it is not listed in the Rural Landmarks Survey Report (due to not being part of the time frame that the Survey covered), it is a significant part of the landscape and it is adjacent to the Clearbrook Presbyterian Church #34 -708) which is listed as potentially significant. The origin of the Woolen Shop building is not completely known; however, it has been part of the community since the 1930's. The HRAB recognizes that this structure is an historic and significant piece of the Martinsburg Pike corridor. If this property is developed for commercial use, the HRAB suggests the following be considered to mitigate impacts on historic resources: 1. Existing Structures: The existing buildings on the site should be incorporated into the development proposal instead of demolishing it to build a new commercial building. 2. Screening: The new commercial use should be screened from the adjacent church; the use of a dense vegetative screen should be considered. 3. Building Facade: If a new building is constructed on the site, it should complement the surrounding historic properties. The HRAB suggests the applicant consider using materials that are similar to what is found on the existing building. REZ #07 -04. William H. Lawrence, III Page 3 July 27, 2004 County Attorney: Appears to meet all legal requirements. 4. Commercial Use: Very few uses have been proffered out for this proposal. Consideration should be taken to identify more uses that would not be appropriate for this site based on its location to and the adjacent historic properties. In addition, the new use of the building should not put any hardships on the adjacent church. 5. Building Location: If the existing structure is removed from the property, consider moving the new building forward and place the parking at the rear of the property. Also consider the possibility of not using a berm at the front of the property in the 20' landscape easement along Martinsburg Pike. 6. Historic Marker: If the intent is to remove the structure from the property, an historic marker with a photograph of the original building should be placed on the property. Frederick County Inspections: No comment required at this time. Shall comment at the time of site plan review. Winchester Regional Airport: This proposal has been reviewed and it appears that the proposed site plan will not have an impact on operations at the Winchester Regional Airport. While the proposed development lies within the airport's airspace, it does fall outside of the airport's Part 77 surfaces. Frederick County Parks Recreation: This parcel lies adjacent to the picnic areas of Clearbrook Park. As outlined in the Planning Department's "Northeast Land Use Plan," Clearbrook Park is identified as a developmental sensitive area and must be considered when entertaining the rezoning of adjacent property. Frederick Winchester Health Dept.: The Health Department has no comment as long as no public or private water sources, as well as no effluent disposal areas, are impacted. Frederick County Public Schools: No comment at this time. Pla nning Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Inwood, WV Quadrangle) identifies the subject parcel as being zoned A -1 (Agricultural, Limited). On November 8, 1971. the Board of Supervisors approved Rezoning #073 -71, which rezoned 55.0 acres that included the subject parcel from A -1 to A -2 (Agricultural, General). This rezoning application was filed by Clearbrook Woolen Company, Inc., for the purpose of establishing a campground use on the site, and also resulted in the rezoning of approximately 35 acres located north of Brucetown Road from A -1 to M -1 (Light Industrial). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject properties and all other A -1 and A -2 zoned land to the RA District. REZ #07 -04, William H. Lawrence, III Page 4 July 27, 2004 2) Comprehensive Policy Plan The subject property is located wholly within the Sewer and Water Service Area (SWSA), and is included within the boundaries of the Northeast Land Use Plan (NELUP). The NELUP does not expressly identify a planned land use for the subject parcel. although commercial and office uses are generally supported along the Route 11 North corridor if compatible with surrounding land uses. (Comprehensive Policy Plan, p. 6 -38, 6 -38.2) Planninu Stu f Comment The applicant has sought to address the compatibility concerns of the NELUP by proffering to install landscaped buffers adjacent to both the Martinsburg Pike (Route 11 North) right -of -way and the parcel's east boundary, which is shared with Clearbrook Park. The south boundary of the site is also shared with Clearbrook Park and is formed by Clearbrook Run, against which a 35 foot wide riparian buffer will be required by ordinance. The applicant has further proffered to prohibit certain uses on the site that would otherwise be permitted on B2 zoned property, to include gasoline service stations, automotive dealers, and truck stop facilities. Coupled with boundary and corridor buffer areas, such land use restrictions constitute an appropriate approach for achieving compatibility between the future commercial use of the site and surrounding and uses. It is noted that the site will not be completely buffered against surrounding land uses, as neither the Zoning Ordinance nor the proposed proffer statement provides for buffering or screening adjacent to the Clearbrook Presbyterian Church property. Moreover, unique site design elements are limited exclusively to the above mentioned buffer areas. This application does not include enhanced guidelines for either signage or building design, which are techniques commonly employed to satisfy land use compatibility goals. 3) Site Suitability The site contains areas of wetlands /hydrologic soils that generally follow the path of Clearbrook Run, a perennial stream that forms the south boundary of the subject property. Such environmentally sensitive areas will be contained within the 35 foot wide riparian buffer required by ordinance. Disturbance of the riparian buffer and its constituent resources is prohibited, with minimal exceptions for public facilities, public utilities, and road crossings. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Oaklet Carbo Chilhowie soil association. It is noted that the Oaklet Carbo Chilhowie soil association presents some limitations to site development due to slow permeability and clayey subsoil. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the site. REZ #07 -04, William H. Lawrence, III Page 5 July 27, 2004 4) Potential Impacts. a) Transportation Impact Analysis Statement: The traffic impact analysis (TIA) prepared for this application calculated transportation impacts based upon the following development assumptions: Retail: 20,000 square feet Using traffic generation figures from the I.T.E. Trip Generation Manual, 7' Edition. the applicant projects traffic impacts for the development in terns of project build -out, which is expected to occur by 2006. The TIA indicates that at project build out, the planned uses will result in the generation of2,386 new average daily trips (ADT). The new trips generated by the development will be absorbed by an external road network consisting of Martinsburg Pike (Route 11 North), Hopewell Road (Route 672) and the Exit 321 interchange of Interstate 81. (See "A Traffic Impact Analysis of the William H. Lawrence, III Property," p. 4) The TIA concludes that the impacts generated by the application will result in overall Level of Service (LOS) Category "C" conditions or better on study area roads during peak traffic periods at project build -out (2006). A critical exception to this overall condition is the continued existence of LOS Category "E" peak hour conditions at the intersection of Hopewell Road and Martinsburg Pike. The TIA indicates that the future signalization of this intersection will improve conditions to the desired LOS "C." It is noted that the subject rezoning proposal does not provide, either in whole or in part, for the necessary signalization of the intersection of Hopewell Road and Martinsburg Pike. VDOT Comment (excerpt): The documentation within the application to rezone this property appears to have little measurable impact on Route 11. VDOT is satisfied that the transportation proffers offered in the William H. Lawrence, III, rezoning application dated June 23, 2004 addresses transportation concerns associated with this request. b) Historic Resources The subject property does not contain any potentially significant structures and is not located within the core area of any identified Civil War battlefield. The site is proximate to two structures that are identified in the Frederick County Rural Landmarks Survey Report as potentially significant resources. Specifically, these sites are the Clearbrook Presbyterian Church #34 -708), located north and adjacent to the subject parcel, and the Clearbrook Feed and Seed #34 -935), which sits approximately 500 feet north of the subject property on the opposite side of Martinsburg Pike. As noted previously in this report, the applicant has not proposed any buffering or screening along the boundary shared with Clearbrook Presbyterian Church, and no buffering or screening is required by ordinance. REZ #07 -04, William H. Lawrence, 111 Page 6 July 27, 2004 HRAB Comment: The Frederick County Historic Resources Advisory Board (HRAB) considered this rezoning proposal during their meeting of April 20, 2004. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report as well as information given by the applicant. The subject parcel contains the Old Woolen Shop and although it is not listed in the Rural Landmarks Survey Report (due to not being part of the time frame that the Survey covered), it is a significant part of the landscape and it is adjacent to the Clearbrook Presbyterian Church #34 -708) which is listed as potentially significant. The origin of the Woolen Shop building is not completely known; however, it has been part of the community since the 1930's. The HRAB recognizes that this structure is an historic and significant piece of the Martinsburg Pike corridor. If this property is developed for commercial use, the HRAB suggests the following be considered to mitigate impacts on historic resources: 1. Existing Structures: The existing buildings on the site should be incorporated into the development proposal instead of demolishing it to build a new commercial building. 2. Screening: The new commercial use should be screened from the adjacent church; the use of a dense vegetative screen should be considered. 2. Building Facade: If a new building is constructed on the site, it should complement the surrounding historic properties. The HRAB suggests the applicant consider using materials that are similar to what is found on the existing building. 3. Commercial Use: Very few uses have been proffered out for this proposal. Consideration should be taken to identify more uses that would not be appropriate for this site based on its location to and the adjacent historic properties. In addition, the new use of the building should not put any hardships on the adjacent church. 4. Building Location: If the existing structure is removed from the property, consider moving the new building forward and place the parking at the rear of the property. Also consider the possibility of not using a berm at the front of the property in the 20' landscape easement along Martinsburg Pike. 5. Historic Marker: if the intent is to remove the structure from the property, an historic marker with a photograph of the original building should be placed on the property. c) Water Sewer The applicant indicates that public water and sewer will be provided to the site via infrastructure improved through the Clearbrook water and sewer extension project. The ultimate water source will be the Northeast Regional Water Plant. It is noted that an existing 20 inch water main is located within the Martinsburg Pike right -of- way and a six inch water line currently crosses the site. The applicant reports that sufficient capacity will exist to adequately serve the future commercial use(s) on the site. REZ #07 -04, William H. Lawrence, I1I Page 7 July 27, 2004 1 5) Proffer Statement Revised Through June 23, 2004 Generalized Development Plan The applicant has included a Generalized Development Plan (GDP) with the proposed proffer statement. The GDP identifies the general location of proffered site improvements, to include the following: (1) single entrance on Martinsburg Pike; (2) 20 foot wide landscaped buffer adjacent to the Martinsburg Pike right -of -way; and (3) ten foot wide landscaped buffer adjacent to the shared boundary with Clearbrook Park (east parcel boundary). Monetary Contribution to Offset Impact of Development The applicant has proffered monetary contributions to Frederick County in the respective amounts of $2,000 for Fire and Rescue Services and $2,000 for the Sheriff's Office. These contributions will be made in a lump sum payment at the time of issuance of the first building permit for the site. Prohibited Uses on the Site The applicant has proffered to prohibit the following B2 uses on the subject site: SIC 41 Local and suburban transit and inter -urban highway passenger transportation SIC 42 Motor freight transportation and warehousing SIC 45 Transportation by air SIC 55 Automotive dealers and gasoline service stations including truck stop facility SIC 721 Laundry, dry- cleaning and garment services SIC 75 Drive -in motion picture theaters Site Improvements The applicant has proffered the following site improvements: (1) (2) (3) Site access will be limited to a single commercial entrance on Martinsburg Pike. A 20 foot wide landscaped buffer will be provided adjacent to the Martinsburg Pike right -of -way. This buffer will contain a "low' berm of at least two feet in height as well as a mixture of ornamental plantings. A ten foot wide landscaped buffer will be provided adjacent to the shared boundary with Clearbrook Park. This buffer will consist of a mixture of deciduous shrubs and /or trees. Planning Sea Comment: The composition of the proposed buffer areas is relatively undefined by proffer. As such, the final appearance of the buffers will depend upon dialogue between planning staff and the applicant at the time of master development plan or site development plan review, both of which are administrative processes. Should either the Planning Commission or Board of Supervisors prefer greater detail and /or input concerning the composition of the proffered buffers, the applicant should be asked to respond to such interest during the rezoning process. REZ #07 -04, William H. Lawrence, 111 Page 8 July 27, 2004 STAFF CONCLUSIONS FOR THE 07/21/04 PLANNING COMMISSION MEETING: The proposed rezoning is a request to rezone 1.965 acres from the RA (Rural Areas) District to the B2 (Business General) District to accommodate general commercial land uses. The subject parcel is located within the Sewer and Water Service Area (SWSA), and the request generally conforms with the applicable policies of the Northeast Land Use Plan (NELUP). PLANNING COMMISSION SUMMARY ACTION OF THE 07/21/04 MEETING: The applicant noted the following: the site has been in commercial and industrial use to accommodate the woolen mill and sales; VDOT's comment on the TIA suggested reducing the number of entrances from two to one; the adjacent Clearbrook Presbyterian Church is pleased with the proposal, however they have requested that no screening be placed between this site and the church; and, in addition, the 20 -foot water main easement granted to the Sanitation Authority cannot be used for vegetation. A member of the Commission recommended that the entrance be aligned with one of the existing entrances at the Old Stone Restaurant to accommodate trucks heading toward 1 -81 from the restaurant site because of a lane -change issue. Members of the Commission recommended that any proposed use for the site be sensitive to the adjacent church and that shaded lighting be used in the parking areas. Another member raised a concern that there may not be adequate personnel at the Clearbrook Fire and Rescue facility for adequate coverage of this area. One of the Board liaisons pointed out that four uses listed in the impact statement, as examples of uses to be removed, were not specified in the proffer statement. The applicant indicated this was an oversight and would be corrected prior to the Board meeting. VDOT' s representative responded to a question concerning the volume of traffic on Hopewell Road to 1 -81. VDOT believed the intersection was capable of handling the additional traffic, based on the applicant's proffering out gasoline stations and truck stops and VDOT's ability to relocate the single entrance. The Planning Commission recommended approval of the rezoning, with the proffers offered by the applicant, by the following majority vote: YES (TO APPROVE): Straub, Watt, Unger, Light, Del-laven, Thomas, Ours, Fisher, Kriz, Triplett, Rosenberry NO: Gochenour (Commissioner Morris was absent from the meeting.) 33A'163, THIRPGENERATION 33 A 158 CLEARBROOK PRESBYTERIAN CHURCH REZ #07 -04 William H. Lawrence III (PIN: 33 A 162) REZ #07 -04 William H. Lawrence III (PIN: 33 A 162) Action: PLANNING COMMISSION: July 21, 2004 Recommended Approval BOARD OF SUPERVISORS: August 11, 2004 APPROVED DENIED PDRes 411-04 AMENDMENT AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #07 -04 OF WILLIAM H. LAWRENCE, III WHEREAS, Rezoning #07 -04 of William H. Lawrence, III, submitted by Gilbert W. Clifford Associates, Inc., to rezone 1.965 acres from RA (Rural Areas) District to B2 (Business General) District. This property is located south and adjacent to Clearbrook Presbyterian Church on the east side of Martinsburg Pike (Route 11 N), surrounded to the east and south by Clearbrook Park, and is identified with Property Identification Number 33 -A -162 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on July 21, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 11, 2004; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 1.965 acres from RA (Rural Areas) District to B2 (Business General) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. Passed this 11i day of August, 2004 by the following recorded vote: Richard C. Shickle, Chairman Barbara E. Van Osten Gina A. Forrester Gary Dove W. Harrington Smith, Jr. Bill M. Ewing Lynda J. Tyler PDRes. #11-04 A COPY ATTEST John R. Riley, Jr. Frederick County Administrator REVISED PROFFERS PER PLANNING COMMISSION CONCERNS 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 0 7 nq for the rezoning of 1.965 acres from the present RA to B -2. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H. Lawrence, III 3416 Martinsburg Pike Clearbrook, Virginia The Generalized Development Plan (GDP) attached to this proffer shows current uses only; an end user has not been identified at the time of rezoning. The GDP shows the location of site improvements proffered by the applicant that will be applicable to all future uses. These improvements are identified by numeric labels on the GDP that correspond with associated proffer text. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffer that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 1.965 acre tract near Clearbrook, Virginia in the Stonewall Magisterial District of Frederick County, Virginia from existing RA to B -2 the undersigned will pay to Frederick County, •at the time a building permit is issued for the first future use, a Lump sum payment of two thousand dollars ($2,000.00) for Fire and Rescue Company and two thousand dollars ($2,000.00) for Sheriff's Office. Prohibited Uses on This Site In reviewing the types of use allowed in the B -2 zone, the owner has determined certain classes of uses are inconsistent with good planning on this site. The undersigned owner shall voluntarily prohibit the following uses from existing on the subject properties: SIC 55 Automotive dealers and gasoline service stations including truck stop facility SIC 721 Laundry, dry-cleaning and garment services SIC 7542 Carwash as a Primary Use Page 1 of 3 Revised 6/23/04 Revised 7/27/04 SIC 7999 Golf Driving Range Self Service Storage Facilities (mini warehouse) Commercial Batting Cages Site Improvements(Refer to Figure 4 for General Locations Applicable to All Future Uses) 1. Site entrances on Routes 11 and 664 shall be limited to one on U.S. Route 11. (See 1) 2. A 20' roadside landscape buffer shall be provided including a low berm (2' height) with mixed ornamental plantings consistent with good sight line characteristics for highway entrances. (See 2) 3. A 10' landscaped buffer consisting of deciduous shrubs or trees shall be prodded along the common boundary with the Clearbrook Park. (See 3). 4. Low impact lighting shall be utilized. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H. Lawrence, III STAIR OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this Ci day of 3d 1 2004, by Al CT In Air j A 14-4 tm bin r-72 My co Notary Public ptees FE 9 '20o s' I a Page 2 of 3 Revised 6/23/04 Revised 7/27/04 my of Frederick 33 —A -1628 Zoned: RA Usc Clearbrocl Park Oea Croak Presbyter 33 —A -15 Zoned: RA Use: R d Zoned: Usc Relsidenti f, SYMBOLS 0 POLE b SIGN o MANHOLE MAILBOX LOCATED oa.ECT O TRAFFIC POLE i FIRE Xt0N•aT 33-4 -10 S C1: I 41040211,57 L THIRD rT OM TI IN V. 7,. L PE. lout k CaMMN WILLIAM H. LAWRENCE, IN PROPERTY GENERALIZED DEVELOPMENT PLAN FRIDE br E' L2 7), t Rt/Al4 gabert w. Clifford associates G divisimaf Dutton, Harris, frost Associates, pc 117 r **Oa WM V01G@ (510) 687-2139 fa' (540) 685 -1493 Sheet 3 OF 3 Address: P.O. Box 8 To be completed by Planning Staff: Fee Amount Paid Zoning Amendment Number 07 Date Received PC Hearing Date 7 0 BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Gilbert W. Clifford Associates Telephone: 667 -2139 Address: c/o Chuck Maddox 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 2. Property Owner (if different than above) Name: William H. Lawrence, III Telephone: 667 -7646 Clearbrook, VA 22624 3. Contact person if other than above Name: Chuck Maddox REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Telephone: 667 -2139 4. Checklist: Check the following items that have been included with this application. Location Map Plat Deed of property Verification of taxes paid Agency Comments Fees Impact Analysis Statement Proffer Statement 1 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: William H. Lawrence, III 6. A) Current Use of the Property: Woolen Shop B) Proposed Use of the Property: Commercial 7. Adjoining Property: See Attached PARCEL ID NUMBER USE ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). South and adjacent to Clearbrook Presbyterian Church on the east side ofU.S Route 11, surrounded to the east and south by Clearbrook Park. 2 Acres Current Zoning Zoning Requested B -2 1.965 RA 1.965 Total acreage to be rezoned Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of' intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 33 -A -162 Districts Magisterial: Stonewall High School: James Wood Fire Service: Clearbrook Middle School: James Wood Rescue Service: Clearbrook Elementary School: Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Townhome Multi- Family Single Family Home Non Residential Lots Square Footage of Proposed Uses Office Service Station Retail Manufacturing Restaurant Warehouse Other Mobile Home Hotel Rooms 3 12. Signature: I (we), the undersigned, do hereby respectfully makc application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) Owne Date C Date Date Date 4 Tax ID Name Address Zoning Use 33 -A -158 Clearbrook Presbyterian Church C/o Bobby F. Lamma, Stephenson, VA 22656 RA Religious 33 -A -159 Allen B. Jobe, et als 2719 Brucetown Road, Clearbrook, VA 22624 RA Residential 33- A -162B County of Frederick 107 N. Kent Street, Winchester, VA 22601 RA Clearbrook Park 33 -A -163 Third Generation L.P. 1701 Fall Hill Ave., Fredericksburg, VA 22401 B -2 Convenience Restaurant 33- A -164B HMC LP, LLP 920 Hopewell Road, Clearbrook, VA 22624 RA Vacant Lawrence Rezoning