029-21 (SouthernFrederickAreaPlanSewer&WaterExpansion&ClarkeCoRequest) 4�GX COQ
RESOLUTION
}
Action:
PLANNING COMMISSION. September 15,2021 - Recommended Approval
BOARD OF SUPERVISORS: October 13, 2021 Approved
RESOLUTION TO APPROVE SEWER AND WATER SERVICE AREA (SWSA)
BOUNDARY ADJUSTMENTS FOR THE SOUTHERN FREDERICK AREA PLAN
AND AUTHORIZATION FOR FREDERICK WATER TO PROVIDE SERVICE TO
CLARKE COUNTY VIRGINIA FOR 350 ACRES (150,000 GALONS PER DAY)
LOCATED IN THE DOUBLE TOLLGATE AREA
WHEREAS, The 2035 Comprehensive Plan, The Plan, was adopted by the Board of Supervisors
on January 25, 2017; and
WHEREAS, this amendment would result in boundary adjustments to the Sewer and Water
Service Area (SWSA) within the Southern Frederick Area Plan of the 2035 Comprehensive Plan
to accommodate future commercial and industrial land uses, and authorization to Frederick Water
to provide water and sewer service for 350 acres within Clarke County in the Double Tollgate area
not to exceed 150,000 gallons per day.
WHEREAS, the Frederick County Planning Commission held a public hearing on this proposed
amendment on September 15, 2021 and recommended approval; and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this proposed
amendment on October 13, 2021; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of an expansion to the
Sewer and Water Service Area (SWSA) within the Southern Frederick Area Plan of the 2035
Comprehensive Plan to accommodate future commercial and industrial land uses, and
authorization to Frederick Water to provide water and sewer service for 350 acres within Clarke
County in the Double Tollgate area not to exceed 150,000 gallons per day,to be in the best interest
of the public health, safety,welfare and future of Frederick County, and in good planning practice;
and
NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors, that
the Sewer and Water Service Area (SWSA) within the Southern Frederick Area Plan of the 2035
Comprehensive Plan be expanded as indicated on the attached map, to accommodate fixture
commercial and industrial land uses, and authorization to Frederick Water to provide water and
sewer service for 350 acres within Clarke County in the Double Tollgate area not to exceed
150,000 gallons per day.
Passed this 13th day of October, 2021 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
Blaine P. Dunn Absent David D. Stegmaier Aye
Judith McCann-Slaughter Aye
A COPY ATTEST
Mary T. Pri e
Interim County Administrator
RES# 029-21
COUNTY of FREDERICK
w
Department of Planning and Development
5401665-5651
1756 Fax: 5401665-6395
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: Candice E. Perkins, AICP, CZA, Assistant Director
RE: Public Hearing — Sewer and Water Service Area expansion within the Southern
Frederick Area Plan of the 2035 Comprehensive Plan, including 350 acres within
Clarke County in the Double Tollgate area
DATE: September 27, 2021
This item is a public hearing for a Sewer and Water Service Area (SWSA) expansion within the
Southern Frederick Area Plan (SoFred) to accommodate future commercial and industrial land uses,
and authorization to Frederick Water to provide water and sewer service for 350 acres within Clarke
County in the Double Tollgate area not to exceed 150,000 gallons per day.
In reviewing this request, Staff worked with Frederick Water to analyze scenarios to facilitate the
provision of services to Clarke County as well as areas within the County's Southern Frederick Land
Use Plan (SFLUP) which are planned for future commercial and industrial land use. At the Board of
Supervisors meeting on August 11, 2021,what was known as "Scenario 3"was sent forward for public
hearing. This scenario addresses Clarke County's request for 150,000 gallons per day(GPD) of water
and sewer services and includes a SWSA expansion within the general area identified as the Route
277 Triangle Centers of Economy as outlined in the Southern Frederick Area Plan(SoFred) of the 2035
Comprehensive Plan. This proposed expansion is intended to focus on areas planned for future
commercial and industrial uses.
The Route 277 Triangle Centers of Economy is designed to be a significant area of commercial and
industrial opportunity. The broader area within the SoFred which are also currently outside the limits
of the SWSA include three future neighborhood villages. It should be noted that the SoFred outlines
that residential uses are only permitted as an accessory component to these areas. Furthermore,
these neighborhood villages would continue to remain outside the limits of the Urban Development
Area (UDA) which defines the general area in which more intensive forms of residential development
will occur. Therefore, this proposed SWSA expansion for the SoFred area would facilitate the future
development of solely commercial and industrial land uses.
Application History:
Frederick County received a request from Clarke County to authorize Frederick Water to provide
public water and sewer service for approximately 350+/- acres in the Double Tollgate area.
Public Hearing: Southern Frederick Area Plan
Sewer and Water Service Area & Clarke County Request
September 27, 2021
Page 2
Specifically, this area is located at the intersection of Stonewall Jackson Highway (Route 522), Lord
Fairfax Highway (Route 340) and Fairfax Pike (Route 277). On March 10, 2021 the Board of
Supervisors directed this request to the Comprehensive Plans and Programs Committee (CPPC) for
further study.
The Comprehensive Plans and Programs Committee (CPPC) discussed this request at their meeting
on May 10, 2021. The CPPC discussed the three scenarios presented and the consensus of the
Committee was support for Scenario 3 which would potentially facilitate future growth in an area
designed in the SFLUP for industrial uses (Route 277 Triangle area). The Committee, while it did
support the provision of services to Clarke County, felt that opportunities for properties in Frederick
County should also be a focus. With Scenario 1, the Crooked Run Plant even if expanded, could only
accommodate the acreage of the Clarke County properties. The Committee felt that Scenario 2, for
service to Clarke County and the 200 acres at the corner of Route 522 and Route 277 in Frederick
County that are outside the current limits of the SWSA, would not be a viable option due to the cost
to extend lines to the Parkins Mill Treatment Plant. The Committee acknowledged that Scenario 3,
while having a large associated cost, is the preferred option due to the potential for economic
opportunities that could be developed in an area that has been planned for industrial uses for many
years.
The Planning Commission discussed this request at their June 16, 2021, meeting. The Commission
when discussing scenario 1, questioned whether 150,000 gallons per day as requested by Clarke
County would be sufficient. It was noted that if additional capacity is desired in the future, it would
need to be considered by the Board of Supervisors. The current limited capacity at the Crooked Run
Plant and the agreements and upgrades that would be necessary were also discussed. With scenario
3, the Commission noted the CPPC's endorsement as well as the focus only for areas planned for
commercial and industrial uses. The Board of Supervisors discussed this request at their meeting on
August 11, 2021 and sent scenario 3 forward for public hearing. The Planning Commission held a
public hearing for this request on September 15, 2021 and recommended approval.
Staff Conclusion:
This is a proposed SWSA expansion within the Southern Frederick Area Plan (SoFred) to
accommodate future commercial and industrial land uses, and authorization to Frederick Water to
provide water and sewer service for 350 acres within Clarke County in the Double Tollgate area not
to exceed 150,000 gallons per day. This amendment is presented as a public hearing item; Staff is
seeking a decision from the Board of Supervisors on this item.
Please contact Staff should you have any questions.
Please find attached the following:
1. Location map outlining the proposed SWSA expansion and Clarke County service area
2. Comments from Frederick Water
Public Hearing: Southern Frederick Area Plan
Sewer and Water Service Area & Clarke County Request
September 27, 2021
Page 3
3. Correspondence from Clarke County
4. Resolution
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Subject: FW: '[External]'Water and Sewer Service Extension to Clarke County/Double Tollgate
Area
Subject: '[External]'Water and Sewer Service Extension to Clarke County/Double Tollgate Area
Frederick County Board ofSupervisors k8embers'
| understandthatsomeBnardmnennbershaveexpressedinterestedinmoredear|yunderstandinQFrederickVVoter's
position on Clarke County's request for Frederick Water to provide water and sewer service in the Double Tollgate
area. Frederick Water supports Clarke County's request for up to 150,000 GPD(Gallons Per Day)of water and sewer
service for the Double Tollgate area.This past June Frederick Water treated and delivered 6.85 MGD(Million Gallons per
Day) ofwater and wastewater services toour customers. Clarke County's request for Double Tollgate would represent
about 2percent ofour daily service provisions. Frederick Water ispositioned and prepared tnmeet Clarke County's
requests for service.
Frederick Water prides itself on providing safe, reliable, high-quality, and economical water and wastewater services to
over 17,O0Oaccounts inFrederick County. Frederick Water provides water and wastewater services to the Town of
Stephens City. And, if the Frederick County Board of Supervisors grant approval for extension of services into the Double
Tollgate area of Clarke County, Frederick Water welcomes the opportunity to expand our water and wastewater services
beyond the Frederick County jurisdictional boundary. Expansion ofservices and economies ofscale will benefit our
customers.
Frederick Water is actively improving our water treatment capabilities to ensure reliable and affordable future water
service. While our entire water system is interconnected, there are improvements in the vicinity of the Double Tollgate
area that provide direct benefits to the Lake Frederick community and could support expansion into the adjacent Double
Tollgate area. In 2020, Frederick Water constructed and placed into service a new 500,000 elevated water storage
facility located on Fairfax Pike. This new storage facility provides water storage and pressure stability for the Lake
Frederick community;the Double Tollgate area would also benefit. Additionally, in2O1SFrederick Water constructed
two raw water wells-acquired the sites in 2019-that will supplement water service within the Lake Frederick
community. Once the planned water treatment plant is constructed adjacent to the wells, additional drinking water
supplies will be available to meet future water demands in the Lake Frederick community. Frederick Water isprepared
to meet existing and future water service demands for the Lake Frederick community and the Double Tollgate area.
Wastewater treatment service for the Double Tollgate area could be accommodated at either the Crooked Run or
Parkins Mill Wastewater Treatment Plants.The plant will be selected based on the Frederick County Board's decision
regarding Clarke County's request and a potential expanded SWSA within Frederick County in the vicinity of Lake
Frederick.
Cost for extension of services into the Double Tollgate area of Clarke County will be the responsibility of Clarke County
and the benefiting landowners. Frederick Water customers will not beburdened with costs that are clearly for the
benefit the Double Tollgate area.
Frederick Water supports Clarke County's request for up to 150,000 GPD (Gallons Per Day) of water and sewer service
for the Double Tollgate area.
Thank you.
Eric Lawrence
EricK
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Executive Director
FREDERICK It 540-868-1001x117
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Stephens City,Virginia 2265s Fax(W)8muz4os Executive Director
MEMORANDUM
TO: Candice Perkins,Assistant Director ofPlanning
FROM: Eric R. Lawrence, Executive Director
SUBJECT: Proposed Water and Sewer Service toClarke County
DATE: April 1, 2O31
While Frederick Water operates independently of Frederick County,the County does establish
the policy limits ofwhere Frederick Water's public water and sewer services may beprovided.
|tisthis |irnits-of-servicepolicy element that prompts the Frederick County Board uf
Supervisors'to request input from Frederick Water as part of consideration of Sewer and Water
Service Area (SWSA) boundary adjustments, and in the Clarke County request, exceptions to
the SVVSA and political boundary limitations. Thank you for considering Frederick Water's input
as Frederick County evaluates Clarke County's request.
Clarke County's February 16, 2021 request to access Frederick Water's water and sewer service
for the Double Tollgate area of Clarke County could create opportunities for both Clarke and
Frederick Counties. Frederick Water has systemwide wastewater treatment capacity of 11
Million Gallons per Day/11MGD\. The limited 15[iO0Ogallons per day(GPD) sanitary sewer
UVxv requested by Clarke County would certainly, but only slightly, detract from wastewater
treatment capacities that could be utilized by Frederick County development. |tshould be
noted that the SWSA expansion benefit is proportional to the level of financial commitment
offered by both jurisdictions,their property owners and developers-the larger the SWSA
expansion,the greater the infrastructure cost,the more property owners who will benefit and
who will contribute tothe infrastructure costs, and the greater potential for commercial and
industrial development generated tax revenue.
in your e-mail of March 30, 2021,you identified three scenarios for how the SWSA could be
adjusted inresponse toClarke County's request. Below | provide thoughts from Fredrick
Water's perspective for each of the scenarios, based on future land uses identified in the 2035
Comprehensive Plan. Much ofthe information isderived from Frederick Water's 2017 Sanitary
Sewer Master Plan.
Water/mYour Service
Page 2
Proposed Water and Sewer Service to Clarke County
Candice Perkins,Assistant Director of Planning
April 1,2021
scenario l- Gn1v the Clarke Countv Dmperties—350 acres atDouhle Toll ate.
150,000 GPD—utilizing the Crooked Run Plant. These properties do not touch the
current Crooked Run SWSA With this first scenario—helpful background
information would he: ahi2itv to expand this plant,impact the expansion of this
plant on other County plants, agreements needed to expand this plant(FW, FCSA
Developer).
Scenario 1 addresses Clarke County's request for 150,000 gallons per day(GPD) of Frederick
Water's water and sewer services.
Frederick Water has an existing 12-inch water main adjacent to Fairfax Pike (Route 277) which
terminates at the Clarke County boundary, approximately 550-ft west of the Dinosaur Land
property. Water supply would be supported by the existing Diehl and Anderson Water
Treatment Plants, a future well water treatment plant located within Lake Frederick, and the
under-construction Sliwinski Water Treatment Plant. A recently constructed 500,000-gallon
elevated water storage tank supports this 12-inch water main and is located less than 5,000
feet from Clarke County boundary. Water supply and service is available.
The limited 150,000 gallons per day(GPD)sanitary sewer flow requested and proximity of the
Crooked Run Wastewater Treatment Plant (CR-WWTP)would suggest that Clarke County
sanitary flows could be accommodated most easily at CR-WWTP. Sanitary sewer infrastructure
would need to be constructed to convey the flows from the Clarke County properties to CR-
WWTP;this is a financial responsibility of Clarke County and/or the property owners and
developers. The CR-WWTP would need to be upgraded/expanded to accommodate the
additional wastewater flows. The developer of Lake Frederick, by existing agreement, would be
the party responsibility for granting permission to utilize the CR-WWTP as well as for the
financing for upgrading the CR-WWTP. If this scenario is selected, Clarke County and Lake
Frederick's developer will need to achieve agreement regarding access to CR-WWTP and
funding the treatment plant upgrade to accommodate the 150,000 GPD.
Frederick Water would own the water distribution lines and the sanitary sewer conveyance
lines from the user's properties to the treatment plant. Frederick Water operates the CR-
WWTP.
Page 3
Proposed Water and Sewer Service to Clarke County
Candice Perkins,Assistant Director of Planning
April 1,2021
Scenario 2: Clarke County Properties (350 ac) and the area south of 277 that adjoins
the crooked run SWSA(attached maps) "approx. 200 acres',. Can Crooked Ptun serve
both areas -same questions as above. If Crooked run isn't able to handle this,what
would it take to go to Parkins Mill.
Scenario 2 addresses Clarke County's request for 150,000 gallons per day(GPD) of Frederick
Water's water and sewer services and includes a potential for up to 100,000 GPD of water and
sewer to support approximately 200-acres of SWSA-expansion within Frederick County.
Frederick Water has an existing 12-inch water main adjacent to Fairfax Pike (Route 277) which
terminates at the Clarke County boundary, approximately 550-ft west of the Dinosaur Land
property. Water supply would be supported by the existing Diehl and Anderson Water
Treatment Plants, a future well water treatment plant located within Lake Frederick, and the
under-construction Sliwinski Water Treatment Plant. A recently constructed 500,000-gallon
elevated water storage tank supports this 12-inch water main and is located less than 5,000
feet from Clarke County boundary. Water supply and service is available.
The expanded SWSA when combined with Clarke County's flow brings additional demands to
250,000 GPD. This sanitary sewer flow increase may be too much for an expanded CR-WWTP
to accommodate due to the plant's limited discharge abilities;Too much discharge could
overwhelm the existing receiving creek. Further studies, DEQ discharge permit amendments,
and an agreement with Lake Frederick's developer and Clarke County would be necessary. CR-
WWTP upgrade would be needed. CR-WWTP would presumably operate more efficiently with
the increased sanitary flows.
The alternative wastewater treatment solution for Scenario 2 would be at the Parkin Mill
Wastewater Treatment Plant(PM-WWTP). PM-WWTP has adequate available treatment
capacity. Although the limited projected sanitary sewer flows(250,000 GPD) would probably
not support the necessary financial investment to construct the sanitary sewer pump station,
force main, and gravity line needed to convey the wastewater to PM-WVt/TP.
Frederick Water would own the water distribution lines and the sanitary sewer conveyance
lines from the users to the treatment plant. Frederick Water operates the CR-WVVTP and PM-
W\AITP.
Scenario 3: Clarke and the 277 triangle area added and it an goes to Parkins Min—
what would it take to go this route.
Scenario 3 addresses Clarke County's request for 150,000 gallons per day(GPD) of Frederick
Water's water and sewer services, and includes a potential for up to 1.3 MGD of water and
Page
Proposed Water and Sewer Service toClarke County
Candice Perkins,Assistant Director ofPlanning
April 1,2O21
sewer to support an approximately 700-acres of SWSA-expansion within the 277 triangle area
ofFrederick County. This would result innearly 1.5MGDofwater and sewer demands.
Frederick Water has an existing 12-inch water main adjacent to Fairfax Pike (Route 277) which
terminates atthe Clarke County boundary, approximately 55O4twest nfthe Dinosaur Land
property. Water supply would be supported by the existing Diehl and Anderson Water
Treatment Plants, a future well water treatment plant located within Lake Frederick, and the
under-construction S|ivvinskiWater Treatment Plant. Arecently constructed 5O0,OOD'ga||on
elevated water storage tank supports this 12-inch water main and is located less than 5,000
feet from Clarke County boundary. Water supply and service is available.
The expanded SWSA when combined with Clarke County's flow brings additional wastewater
treatment demands tn 1.5 MGD. This sanitary sewer flow increase would be too much for an
expandedCR-VVWTP. The sanitary sewer flows would need tmbeconveyed toPW4-VVVVTP. PM-
WWTP has adequate available treatment capacity in the short term but would require an
expansion inthe future.
At least two sanitary sewer pump stations,force mains, and a gravity sewer line would need to
beconstructed tuconvey the wastewater toP01-VV\NTP. These significant improvements
would befunded bythe benefiting developers and property owners. Asthis will result in
significant economic development and tax revenue opportunities for both Counties, County
contributions—possibly utilizing American Rescue Plan Act of 2021 funds—could be
considered.
Frederick Water would own the water distribution lines and the sanitary sewer conveyance
lines from the users tnthe treatment plant. Frederick Water operates the PN4-W\&r[P.
As described above, Frederick Water stands ready to accommodate an expanded Sewer and
Water Service Area (SWSA), and extension of services into Clarke County, if the Frederick
County Board of Supervisors desires to grant the expansion and extension of services as
requested byClarke County. Like any land use plan and SVVS4expansion, implementation of
the planned development scheme is driven by property owner interest in developing their
property.
Please contact rnewith questions.
Thank you.
Attachments: February 1G, 2O21 Request from Clarke County toFrederick County
March 3O, JO21 E-mail Request from County Planning toFrederick Water
Clarke
0 Berryville Voting District Millwood Voting District Russell Voting District
Mattbew E.Bass "Perri T.Catlett Doug Lawrence
(540)535-5425 (540)837-2328 (540)955-2144
Buckinarsh Voting District White Post Voting District County Administrator
David S.Weiss—Chair Bev B.NkKay—Vice Chair Chris Boies
Gtxzt+z' (540)955-2151 (540) 837-1331 (540)955-51 i5
February 16,2021
Mr. Charles S. DeHaven, Chairman
Frederick County Board of Supervisors
107 N. Kent Street
Winchester,VA 22601
Re: Double Tollgate Water&Sewer Request
Dear Chairman DeHaven,
The Clarke County Board of Supervisors voted on February 16, 2021 to formally request permission from
the Frederick County Board of Supervisors for Frederick Water to provide public water and sewer to the
Double Tollgate area of Clarke County. We understand that Clarke County Will need to develop an
agreement with Frederick Water for this service and that approval by your Board of Supervisors is the first
step in this process.
The area to be served is approximately 350 acres at the intersection of Stonewall Jackson Highway, Lord
Fairfax Highway, and Fairfax Pike, The estimated water and sewer capacity needed to serve this area is
approximately 150,000 gallons per day. Please let me know what additional information you need to
consider our request or what meetings you would like us to attend. We appreciate, in advance, your
consideration of this request.
Sincerely,
David Weiss, Chairman
Clarke County Board of Supervisors
www.clai-kecoiiiity.gov 101 Chalmers Court,Suite B Telephone: [540]955-5175
Berryville,VA 22611
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Clarke Coin y oar of Supervisors
c u Tp Berryville Voting District Millwood Voting District Russell Voting District
Matthew E.Bass 'Perri T.Catlett Doug Lawrence
(540)955-5175 (540)837-2328 (540)955-2144
Buckmarsh Voting District White Post Voting District County Administrator
David S.Weiss—Chair Bev B.McKaY—
Vice Chair Chris Boies
( ) (540 837-1331
rxzA' S40 955-2151 ) (540)955-5175
To: Brandon Stidham, Planning Director
From: Chris Boies
Re: Double Tollgate Water and Sewer
Date: January 28,2021
Please place an informational item on your next Planning Commission Work Session agenda for an update
on water and sewer at Double Tollgate. The Clarke County Board of Supervisors(BOS)will be considering
at a future meeting making a request to the Frederick County BOS to allow Frederick Water to provide public
water and sewer to the Double Tollgate area of Clarke County. As you know, this intersection is zoned
Highway Commercial(CH)and contains a number of existing businesses.
There have been requests for a number of years from existing businesses, and owners of vacant,land, for
public water and sewer in this area. The Double Tollgate Area Plan adopted by the BOS on December 20,
2016, notes that the development of the Department of Corrections property south of the Plan Area as a
possible trigger for when the County should take more"proactive steps and investments to facilitate economic
growth". A significant portion of the former prison property has been deeded to the Virginia Port Authority for
"an economic development partnership with Clarke County' per action taken by the Virginia General
Assembly. It is important that the County be a proactive partner in the development of plans for this property.
Further,the Economic Development Strategic Plan adopted by the BOS on October 21, 2014, includes as a
long term priority(defined as FY 2018 and beyond)to"pursue partnerships to provide public water and sewer
to the Double Toll Gate Area".
The 2016 Double Tollgate Area Plan noted that excess public sewer capacity was not available from
Frederick County at that time. In recent conversations with Frederick Water, their plant could be expanded
to include this area. Public water provided by Frederick Water is already available on the Department of
Corrections site. The exact details of the size, location,and cost of the required infrastructure would need to
be studied closely if this proposal moves forward.
The request to Frederick County will be to serve properties currently zoned Highway Commercial per the
attached map and also the former Department of Corrections property. One factor in assisting the
containment of development to these prescribed areas is the capping of the gallons per day made in the
request. County staff, using data provided by an engineering consultant, is recommending the request be
capped at 150,000 gallons per day. This cap should allow for the build out of this intersection while also
alleviating concerns that development will sprawl beyond the identified area.
www.clarkecounty.gov 101 Chalmers Court,Suite B Telephone: [540]955-5175
Berryville,VA 22611
February 16,2021,Clarke County Board of Supervisors Regular Meeting Packet Page 114 of 265
There are a number of details which will need to be worked out if this proposal goes forward. The first step
is for the Clarke County BOS to vote to request water and sewer. The Frederick County BOS must then
approve that request. if approved, we will work with officials from Frederick Water on an agreement which
would include how improvements will be funded,the timing of needed infrastructure,and other critical details.
Approval of this request will also impact the Planning Commission's update to the 2013 Comprehensive Plan
and the 2016 Double Tollgate Area Plan. County staff wanted to update the Planning Commission before
the BOS takes up this matter.
Clarke County Board of Supervisors Page 2 of 2
February 16,2021,Clarke County Board of Supervisors Regular Meeting Packet Page 115 of 265