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HomeMy WebLinkAbout07-04 Proffer StatementAMENDMENT Action: PLANNING COMMISSION: July 21, 2004 Recommended Approval BOARD OF SUPERVISORS: August 11, 2004 APPROVED DENIED 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 confomrance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Cdde, 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. DRcs 11-04 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #07 -04 OF WILLIAM H. LAWRENCE, III PORes. 11 -04 This ordinance shall be in effect on the date of adoption. Passed this 11` day of August, 2004 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gina A. Forrester Aye Gary Dove Aye W. Harrington Smith, Jr. Deceased Bill M. Ewing Aye Lynda J. Tyler Aye A COPY ATTEST John R. R ey, Jr. Frederick County Administrator Prohibited Uses on This Site REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H. Lawrence, III 3416 Martinsburg Pike Clearbrook, Virginia Preliminary Matters Pursuant to Section 15.2 -2296 et. Seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 09 -044 for the rezoning of 1.965 acres from the present RA to B -2. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The Generalized Development Plan (GDP) attached to this proffer shows current uses only; an end user has not been identified at the time of rezoning. The GDP shows the location of site improvements proffered by the applicant that will be applicable to all future uses. These improvements are identified by numeric labels on the GDP that correspond with associated proffer text. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffer that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 1.965 acre tract near Clearbrook, Virginia in the Stonewall Magisterial District of Frederick County, Virginia from existing RA to B -2 the undersigned will pay to Frederick County, at the time a building permit is issued for the first future use, a lump sum payment of two thousand dollars ($2,000.00) for Fire and Rescue Company and two thousand dollars ($2,000.00) for Sheriff's Office. 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 I of 3 Revised 023/04 Revised 7/27/04 Site Im t rovements Refer to Fi re 4 for General Locations A Iicable 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) The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. Tn the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER By: Date: SIC 7999 Golf Driving Range Self Service Storage Facilities (mini warehouse) Commercial Batting Cages 3. A 10' landscaped buffer consisting of deciduous shrubs or trees shall be provided along the common boundary with the Clearbrook Park. (See 3). 4. Low impact lighting shall be utilized. STATE,OF,VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 'x::2004, by _(1y_� �htynYn c72 My con)tnissio Notary Public REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H Lawrence, III Q97h day of JO RI Page 2 of 3 Revised 6/23/04 Revised 7/27/04 VILLIN1 M L M'E, 1!! 11.71. 647 P. 197 AC Entronc V aearbraak Presbyter 33 —A -15 Zoned: RA Use: ReJi sn4a0LS fi PCIE SIGN o a MANHOLE MAILBOX w LOCATED OBJECT O TRAFFIC POLE l MRE n11MANT Iles Oiek 33— A -16AB Zoned: RA jlx: Heel id a my of Frederick 3 3 —A -1626 Zoned: RA c Cleorbroak Park 0 0 0 a 0 WILLIAM H. LAWRENCE, /1/ PROPERTY GENERALIZED DEVELOPMENT PLAN T EDERew CDUNTh a /Rt�MA yanert w. Gifford associates a 6v69iao of Patton, Harris, Rust Associates, pc I! L f cat* R. K, Wrgirlig 229oi •nct 1540) 157 -2139 FAX: (540) 665 -4493 Sheet 3 OF 3 gilbert w. clifford Associates a division of Patton Harris Rust Assaclates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly P T Winchester, Virginia Suite 206 P H RA- F 540.685.0463 Chris To: Chris Mohn From: Thomas Price Date: July 29, 2004 Project Name /Subject: Lawrence Rezoning PHR +A Project file Number: Thanks Tom Price cc: Revised and Signed Proffer Statement per Staff Revisions Memorandum REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H. Lawrence, III 3416 Martinsburg Pike Clearbrook, Virginia Preliminary Matters Pursuant to Section 15.2 -2296 et. Seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 07 for the rezoning of 1.965 acres from the present RA to B -2. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The Generalized Development Plan (GDP) attached to this proffer shows current uses only; an end user has not been identified at the time of rezoning. The GDP shows an entrance location proffered by the applicant and a 20' road landscape buffer. Future use of the property shall be identified in accordance with the site plan requirements of Frederick County. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffer that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 1.965 acre tract near Clearbrook, Virginia in the Stonewall Magisterial District of Frederick County, Virginia from existing RA to B -2 the undersigned will pay to Frederick County, at the time a building permit is issued for the first future use, a lump sum payment of two thousand dollars ($2,000.00) for Fire and Rescue Company and two thousand dollars ($2,000.00) for Sheriff's Office. Prohibited Uses on This Site In reviewing the types of use allowed in the B zone, the owner has determined certain classes of uses are inconsistent with good planning on this site. The undersigned owner shall voluntarily prohibit the following uses from existing on the subject properties: SIC 41 Local and suburban transit and interurban highway passenger transportation SIC 42 Motor freight transportation and warehousing SIC 45 Transportation by air SIC 55 Automotive dealers and gasoline service stations including truck stop facility SIC 721 Laundry, dry-cleaning and garment services Page I of 3 Revised 6/23/04 Site Im rovements Refer to Fi re 4 for General Locations A i licable to All Future Uses 1. Site entrances on Routes 11 and 664 shall be limited to one on U.S. Route 11. (See 1) The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER r By Date: SIC 75 Drive -in motion picture theaters 2. A 20' roadside landscape buffer shall be provided including a low berm (2' height) with mixed ornamental plantings consistent with good sight line characteristics for highway entrances. (See 2) 3. A 10' landscaped buffer consisting of deciduous shrubs or trees shall be provided along the common boundary with the Clearbrook Park. (See 3). Notary Public STAY, OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H. Lawrence, III r /K 'th The foregoing instrument was acknowledged before me this day of 2004, by Lv ∎Qv \4 ,Lawcence My commission expires f O 70c1) ilt an —At Page 2 of 3 Revised 6/23/04 Cleorbrook Preebyte 33 -A -15 Zoned: 1: Uee: Rtl V min ty of Frederick 33- A -162B Zoned: RA e: Cleorbrook Park SYMBOLS 0 POLE 0 SIGN o MANHOLE MARBO% e LOCATED OBJECT O TRAFFIC POLE PRE HYDRANT INST. I 1IIXXYfl7 MI.PO QYRAT01 V. 14630 sa rr Zama: 0 -1 Ca led oic 33- A 164B Zoned: RA In 470 1 .57 0 WILLIAM H. LAWRENCE, III PROPERLY GENERALIZED DEVELOPMENT PLAN FRFD£R7CR COUNTY, VIRGINIA glbert w. clifford associates a division of Patton, Harris, Rust Associates, pc 117 E. Pjcaday St. Vfmchesier, Virginia 22601 VelCE: (540) 667 -2139 FM: (540) 665 -0493 a vra l yy .S�yY� OL BRA Sheet 3 OF 3 August 27, 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 is to confirm that revised proffers were received in our office on August 23, 2004, changing the deciduous shrubs to evergreen, as requested by the Board of Supervisors Please do not hesitate to contact this office if you have any questions regarding this rezoning application. Sincerely, ark R. Cheran Zoning Subdivision Administrator MRC/bhd cc: .-William H. Lawrence, III, PO Box 8, Clearbrook, VA 22624 Lynda J. Tyler, Board of Supervisors, Stonewall District /16 Light, Stonewall District Planning Commissioner COU em: „felt ees S. DeHaven, Jr., Stonewall District Planning Commissioner 107 North Kent Street Winchester, Virginia 22601 -5000 Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 Preliminary Matters General Development Plan REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H Lawrence, III 3416 Martinsburg Pike Clearbrook, Virginia Pursuant to Section 15.2 -2296 et. Seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 07 -04 for the rezoning of 1.965 acres from the present RA to B -2. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. 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 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 evergreen shrubs or trees shall be provided along the common boundary with the Clearbrook Park. (See 3). 4. Low impact lighting shall be utilized. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: My commission expires Notary Public REZONING REQUEST PROFFER Property Identification Number 33A162 Stonewall Magisterial District William H Lawrence, III Golf Driving Range Self Service Storage Facilities (mini warehouse) Commercial Batting Cages -Jh T'h foregoing instru ent was acknowledged before me this day of 1 4 2004, by z1J t any tJ ��i91 Q J .4 II A I44.a, 130 n Page 2 of 3 Revised 6/23/04 Revised 7/27/04 STAmoLS 0 POLE sox a MANHOLE MAILBOX e LOCH M O2.ECT O TRAFFIC POLE 4. FIRE Xt1AANT 33 -A -1648 Zoned: RA pee. Reeidmtlal my et Frederick -3 -A -1628 Zoned: RA Snit Clearhroek Park »nits aann MHIRO acV.11ID.' L.P. Nina in P1 ]aM: o-3 lists tEre mtleR 0 W/LU4M H. LAWRENCE; /!1 PROPER7Y GENERAL/ZED DFl><LO°M NF PLAN .KrvrRtt co oiyn> IARcArri gilbert w. c&ford associates m cif Patton, Harris, Rust Associates, pc i7 L Fiagy. St %tir. li*gt GILT (5z0) 5'01- -2139 rA C (540) 5E5 -11199 P Sheet 3 OF 3 gilbert w. clifford &'Tssociates a division of From: Thomas Price Date: August 23, 2004 Project Name /Subject: Lawrence Rezoning PHR +A Project file Number: Patton 11 arris Rust Associates,pc Engineers. Surveyors. Planners. Landscape Architects. P Mark Thanks Tom Price 117 East Piccadilly Street, Suite 200 VVinchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Mark Cheran cc: If I can answer anyquestions, please give me a call. Memorandum Latest revised proffer of Lawrence Rezoning changing the deciduous shrubs to evergreen, as requested by the Board of Supervisors.