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HomeMy WebLinkAboutPC 07-02-97 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia JULY 2, 1997 7:00 P.M. CALL TO ORDER TAB 1) Minutes of May 7, 1997 .............................................. A 2) Bi -Monthly Report .................................................. B 3) Committee Reports ................................................. C 4) Citizen Comments .................................................. D PUBLIC HEARINGS 5) Conditional Use Permit #009-97 of James K. Powell for office space, work shop and inventory for a plumbing business. The property is located at 6931 Valley Pike and is identified with Property Identification Number 84-A-82 in the Opequon Magisterial District. (Mr. Evans) ............................................................ E 6) Amendment to Article X, Business & Industrial Zoning Districts, Chapter 165, Zoning, of the Frederick County Code to permit stone, clay, glass, and concrete products manufacturing in the M2 (Industrial General) District. (Mr. Wyatt) ....................................................... F 7) Rezoning #002-97 of Eastgate Commerce Center by Wrights Run L.P. to rezone land currently zoned RA (Rural Areas), B2 (Business General), B3 (Industrial Transition), and M1 (Industrial Light) within the Eastgate Commerce Center, to create 51.96 acres of B2 (Business General) zoned land; 2 1. 10 acres of B3 (Industrial Transition) zoned land; and 51.83 acres of Ml (Industrial Light) zoned land. The property is located at the intersection of Route 522 South (Front Royal Pike) and Route 642 (Tasker Road), and is identified with Property Identification Number 76-A-53 in the Shawnee Magisterial District. (Mr. Wyatt) .................................................... .... G 7 PUBLIC MEETING 8) Master Development Plan #005-97 of Eastgate Commerce Center by Wrights Run L.P. to master plan 51.96 acres of B2 (Business General) zoned land; 21.10 acres of B3 (Industrial Transition) zoned land; and 51.83 acres of M1 (Industrial Light) zoned land for proposed commercial and industrial use. The property is located at the intersection of Route 522 South (Front Royal Pike) and Route 642 (Tasker Road), and is identified with Property Identification Numbers 76-A-53, 76 -A -53A, 76 -A -53B, 76 -A -53C and 76- A -53D in the Shawnee Magisterial District. (Mr. Ruddy) ....................................................... H 9) Request for an Exception by Dennis and Jean Settle/Daniel Lee Settle, under the provision of Section 144-5 of the Frederick County Subdivision Ordinance to subdivide a parcel of land and provide less than the 50 -foot right-of-way as required by Section 144-31C.(3). This property is identified as PIN 76-A-105 and is located off of Route 642 (Armel Road) approximately 2,000 feet east of the intersection of Route 522 (Front Royal Pike) in the Shawnee Magisterial District. (Mr. Evans) ....................................................... 1 10) Request for an Exception by Kenneth C. And Mary P. Lebo, under the provision of Section 144-5 of the Frederick County Subdivision Ordinance to subdivide a parcel of land and provide less than the 50 -foot right-of-way as required by Section 144-31C.(3). This property is identified as PIN 47-A-8 and is accessed off Route 617 (Pine Top Road) approximately 1,000 feet east of the West Virginia/Virginia State line in the Back Creek Magisterial District. (Mr. Evans) ....................................................... J INFORMAL DISCUSSION 11) Proposed Amendments to Article XVI, IA (Interstate Area) Overlay District (Mr. Tierney) ...................................................... K 12) Other F&: 0AAGENDAS\97C0VERS\PC7 2.AGN MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on May 7, 1997. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice-Chaiiman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; Roger L. Thomas, Opequon District; S. Blaine Wilson, Shawnee District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; Terry Stone, Gainesboro District; W. Wayne Miller, Gainesboro District; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Robert A. Moms, Shawnee District; and Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Director; Eric R Lawrence, Planner II; Michael T. Ruddy, Planner I; Renee' S. Arlotta, Minutes Recorder. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES - MARCH 19,1997 Upon motion made by Mr. Marker and seconded by Mr. Romine, the Commission unanimously approved the March 19, 1997 minutes as presented. BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. Frederick County Planning Commission Minutes of May 7, 1997 Page 49 -2 - COMMITTEE REPORTS Development Review & ReEulations Subcommittee (DRRS) - 04/23/97 Mtg. Mr. Wyatt reported that the DRRS continued their work on corridor design standards and those will be discussed later in tonight's meeting. Work is also beginning with the Industrial Parks Association Committee on flex tech requirements. Economic Development Commission Mr. Romine said that a new company from Switzerland has located in the Stonewall Industrial Park. PUBLIC HEARING Rezoning Application #001-97 of Omps Funeral Home, Inc. to rezone 1.396 acres from RA (Rural Areas) District to B2 (Business General) District to establish a funeral home operation within the Shenandoah Memorial Park. This property is located on the west side of Route 522 South, approximately 1,500' north of the intersection of Route 644 and Route 522 South, and is identified with P.I.N. 64-3-A in the Shawnee Magisterial District. Action - Recommended Approval Mr. Wyatt stated that the property is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). Mr. Wyatt said that there is the potential for increased traffic, however, the applicant has provided a proffer statement which limits the development of this site to a funeral home operation and all other 132 uses have been proffered out. He said that a monetary contribution has been offered to offset the fire and rescue service impact; and, in addition, the applicant has proffered to limit access on Front Royal Pike by providing only one point of access through a single commercial entrance. Mr. Wyatt said that the staff feels the applicant has demonstrated the ability to significantly reduce the impacts to this site through these proffers and recommends approval. Mr. Stephen M. Gyurisin with G. W. Clifford & Associates was representing the owners, Sunset Memorial, Inc. and Omps Funeral Home, Inc. Mr. Gyurisin said that they have limited the size of the building to a 15,000 sq. ft. area; although they will more than likely have a much smaller facility, probably in the 8,000- 10,000 sq. ft. range. He added that the site has public sewer and water available. Mr. Larry Omps, President of Omps Funeral Home, Inc., said that this will be a smaller facility than what is on Amherst Street, but it would be similar in design. He explained that the proposed building would serve as a visitation and service facility, not a preparaiion Facility. ivir. Omps stated diai fewer services would be held here and professional work would be done at the Amherst Street facility. Mr. Omps did not anticipate Frederick County Planning Commission Minutes of May 7, 1997 Page 50 -3 - this facility generating a lot of traffic. Members of the Commission asked Mr. Omps if sufficient parking was available. Mr. Omps said that they probably will not construct a building as large as 15,000 sq. ft. because of the cost, so there should be more than adequate parking. Mr. Omps said that they have a close relationship with the owners of Shenandoah Memorial Park and those roadways could be used for overflow; however, they do not anticipate parking being a problem. Chairman DeHaven called for public comment and the following persons came forward to speak: Mrs. Elwood H. Fox, adjoining property owner, had concerns about the traffic. Mrs. Fox thought this area was to remain residential and was disturbed about the possibility of a business locating here. Mrs. Ann Cross, resident of the neighborhood, asked for the exact location of the proposed building. Mrs. Cross asked for clarification on what may happen to this area with regard to zoning and development. Mr. Miller noted that in the comments from the Greenwood Fire and Rescue Company, they state that "...proffers have been offered by the applicant payable to the Greenwood Fire and Rescue Company." Mr. Miller pointed out that proffers are paid to the County, not individual fire and rescue companies, because of auditing purposes. Commission members agreed with staff that the applicant had demonstrated the ability to significantly minimize impacts to the site through the proffers. Based on this, and the fact that the site was located within the UDA and the SWSA with adequate infrastructure, the Commission was agreeable to the rezoning of the property. Upon motion made by Mr. Light and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #001-97 of Omps Funeral Home, Inc. to rezone 1.396 acres from RA (Rural Areas) District to B2 (Business General) District to establish a funeral home operation. DISCUSSION ITEMS Discussion ReLmrdine the Interpretation of the Eastern Road Plan Action - Amendment to Eastern Road Plan Endorsed by Majority Vote Mr. Lawrence stated that the Eastern Road Plan is an element in the County's Comprehensive Policy Plan that establishes a future arterial and collector road network showing approximate location of needed road connections. He said that the plan shows future road locations in general terms, allowing for some deviation in location based on detailed design work conducted at the development stage. Mr. Lawrence said that Mr. Bill J. Tisinger, representing Jasbo, Inc., has requested consideration Frederick County Planning Commission Minutes of May 7, 1997 Page 51 -4 - of a major collector as it crosses Jasbo property, which is a 135 -acre tract of undeveloped land north of old Route 642 (Macedonia Church Road) and west of Route 522 in the Stephens City area. He said that the collector traverses the property in a north -south direction, connecting old Route 642 and Route 522 and is essentially a northern extension of White Oak Road (Rt. 636). Mr. Lawrence said that Mr. Tisinger is proposing to continue to use the intersection of old Route 642 and White Oak Road as the southern terminus of the identified major collector, however, he proposes to adjust the northern terminus to align with the old Route 642 and Route 522 intersection. Mr. Lawrence said that the Comprehensive Plans and Programs Subcommittee (CPPS) discussed the potential impacts and benefits associated with the alignment and agreed the proposal was acceptable. He said that anticipated impacts included the close proximity of a major collector to the Macedonia Church and Cemetery, and the necessity to cul-de-sac old Route 642; while benefits included enabling the continuation of the collector east of Route 522 and diverting the major collector from being constructed adjacent to Armel Elementary School. Mr. Bill J. Tisinger, representing Jasbo, Inc., said that they are about to master plan a subdivision of their 135 acres for approximately 270-280 residential units. He said that the Eastern Road Plan currently shows an extension of Route 636 traversing across houses and dead -ending into Armel School. Mr. Tisinger said that their proposed alternate point of connection to Route 522 is a level intersection with good site distances, a cross-over going both ways, and no houses are involved. He said that Wakeland Manor is adjacent to them and he estimated there was another 200-300 units in that development_ Mr. Tisinger stated that this road extension will facilitate traffic movement for Wakeland Manor and other land south on Tasker Road that will be master planned, probably this summer. Mr. Sager asked Mr. Tisinger if there would be signalization of Route 522 at the realigned Macedonia Church Road Mr. Tisinger said that he didn't know at this point in time. He felt that studies would have to be conducted concerning the amount of traffic to be generated and during what time periods. He said that traffic studies will also have to made at the Tasker Road intersection. Mr. Miller asked Mr. Tisinger if Jasbo would acquire all of the right-of-way out to Route 522 to construct the road Mr. Tisinger said that they will obtain the right-of-way and they will construct the road on their land. As to the road construction off Jasbo property, Mr. Tisinger said that discussions will have to occur and highway funds may be available. Mr. Wilson stated that there was a tremendous amount of effort and expense used to straighten Route 642. He said he would like to see the intersection a little closer to Winchester, so traffic coming to Winchester won't have to go south and come back. He also felt that the Armel School intersection had good sight vision, good elevation, and existing traffic signals. In response to Mr. Wilson's comments, Mr. Tisinger said when the subdivisions in this area are built out, there will be an increased amount of traffic and this intersection will be used to a large extent. He said that if all of the traffic is moved up in front of the school, it will make for a dangerous situation at a school crossing. He added that Route 636 will never be able to be extended across the road. Mr. Light pointed out that a similar situation existed at Sherando High School with Warrior Drive and he felt Warrior Drive had more traffic. Mr. Tisinger felt this was a different situation because the school itself was back off of a substantial driveway. Mr. Wyatt added that it was a little bit of a different Frederick County Planning Commission Minutes of May 7, 1997 Page 52 -5 - situation because south Warrior Drive has the potential to continue further south and the Sherando High School entrances are off of South Warrior. Mr. Wyatt said that with the Armel School situation, you would have a major collector road intersection with an "entrance" into Armel Elementary and there is no planned continuation of a road system through the Armel School property to property to the east. Mr. Tierney also added that the original intent was to get Route 636 extended north and connected to Route 522. Mr. Tierney said that the staff's opinion is that allowing the road to continue east makes sense for long-range planning. Mr. Tierney said that allowing all that traffic to come out in front of the school is probably not the most desirable situation. Members of the Commission discussed truck traffic and the direction trucks might take. They had concems about the existing bottleneck between Route 642 and Tasker Drive and felt this area of road needed to be widened. Commission members also expressed some concern about the curves of the proposal. Another concern expressed was whether old Macedonia Church Road should intersect the proposed extension; a suggestion was made for a cul-de-sac on the east side and to terminate the road at the end of the last property to prevent cars from dodging across the road in order to short-cut around the corner towards old Macedonia Church Road. Robert Childress, from VDOT's Edinburg Residency, stated that VDOT representatives met with the developers and the design engineer and reviewed a conceptual plan for the realignment. Mr. Childress said that VDOT does not have any overall objections to the proposed new alignment and they believed it was a workable option. He said that there are several potential issues that would need to be worked out at the design stage and those issues have been provided to Mr. Mark Smith, the design engineer, as well as the Planning Staff. Regarding the issue of terminating the old Macedonia Church Road with a cul-de-sac, Mr. Childress felt it was appropriate. Mr. Childress said that without looking at the detailed plans and a traffic impact analysis of the project, however, he wouldn't know at this time which end would be the best one to cul-de-sac, whether eastern, western, or the center. Regarding the issue of curves, he said they are broad and wide to meet minimum safe design standards and to facilitate traffic movement. Mr. Childress stated that he did not foresee a lot of truck traffic coming through here to get to Tasker or the Route 277 corridor. Mr. Mark Smith with Greenway Engineering, the project designers, came forward to speak about the curvature of the road. He said that the graphic is a little deceiving at the scale shown, however, the preliminary engineering meets VDOT's standards. Mr. Smith said that the existing curves are about 120'-150' radius curves, while their proposed alignment has a minimum curve radius of 535', which is substantially larger. Members of the Commission felt that the extension proposed by Mr. Tisinger was a workable alternative. The majority of members felt the connection in front of the Armel Elementary School was not the best situation as far as traffic was concerned and that the connection further south would allow the continuation of the collector east of Route 522. Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the interpretation of the Eastern Road Plan consistent with the macro -plan submitted by Jasbo, Inc. The vote was as follows: Frederick County Planning Commission Minutes of May 7, 1997 Page 53 YES: Light, Copenhaver, Marker, Romine, Thomas, Ours, Stone, Miller, DeHaven NO: Wilson Discussion Rettardine the Proposed Corridor Design Standards No Action Required Mr. Wyatt presented proposed development design standards for boulevard entrance design for arterial road systems, for entrance spacing requirements for arterial and collector road systems, and for building components and underground utilities. Mr. Wyatt reviewed the proposed standards with the Commission in order to receive their input. Chairman DeHaven raised a concern about the proposed length and width of the raised landscaped island for boulevard entrances and the proposal to reduce this improvement for turn lanes. Chairman DeHaven felt those distances needed to be a whole lot longer and wider. He suggested 50'X 250'-300,' to allow room for expansion. Mr. Thomas raised the subject of lighting and felt it would be difficult to come up with a foot candle spillage intensity. Mr. Thomas asked if it might be better to state the intent, rather than a foot candle level. It was pointed out by other Planning Commission members that enforcement may be the issue. It was noted that using foot candles would be definable and measurable, but a statement of intent would be open to interpretation. The Commission felt the staff had done an excellent job on the design standards presented. Mr. Wyatt said that the DRRS is also interested in working with the design community on the current buffer and screening requirements. He said that the issue for the design community is not necessarily screening, but with the distance the buffer requires, particularly for commercial and industrial properties. Mr. Wyatt said that the DRRS and staff understands the concerns of the design community and is interested in working with them to reduce the distances; however, the DRRS wants to ensure there is an adequate buffer provided, particularly where properties adjoin RP Zoning. Mr. Wyatt asked the Commission what they would like to see to create the adequate screen, if the distances were reduced. Commission members felt that the distances between commercial/ industrial and RP were fine as written and that both the distance and the buffer were needed when RP property was involved. They felt that the distinction was residential property and in a situation involving a division between residential and commercial, the distance was as important as the screen. Commission members felt that if the situation involved commercial and industrial, they would be more inclined to reduce the buffer distance. Commission members inquired about a previously approved amendment allowing for a buffer reduction. Mr. Wyatt said that this new proposal goes beyond that amendment, which was for a "common, shared buffer easement," and allows two property owners to use one buffer instead of two, thereby saving land and landscaping and grading costs. Mr. Wyatt said that the problem encountered is when one property owner is Frederick County Planning Commission Minutes of May 7, 1997 Page 54 -7 - developing and the adjacent property owner has no desire to participate because of uncertainty about plans for the property. Commission members felt there may be some type of an alternative that could be offered. Mr. Wyatt said that this item will go back to the DRRS for further study. No action was needed by the Planning Commission at this time. 1996 Annual Report No Action Required Mr. Ruddy presented the 1996 Annual Report for Frederick County. He said that the report is compiled to aid the Commission, the Board, and Frederick County citizens in their evaluation of the previous year's activities and to aid in the comprehensive planning process for future years. Mr. Ruddy reviewed the report with the Commission. The Commission felt that an outstanding job was done with the report. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:30 p.m. by Respectfully submitted, Kris C. Tierney, Secretary Charles S. DeHaven, Chairman Frederick County Planning Commission Minutes of May 7, 1997 Page 55 BIMONTHLY REPORT OF PENDING APPLICATIONS (printed June 18, 1997) UMMOMI Application cation n I P newly submitted. tied. REZONINGS: Omps Funeral Home, Inc. (REZ #001-97) Shawnee 1.396 acres from RA to B2 for a funeral home Location: West side of Rt. 522 So. of Winchester, approx. 1500' no. of the Rt. 644/522 So. intersection. Submitted: 04/17/97 PC Review: 05/07/97 - recoimnended approval BOS Review: 06/10/97 - approved with proffers MASTER DEVELOPMENT PLANS: Woodbrook Village (MDP #004-97) Back Creek 62 s.f. cluster & 81 multi-fam. units on 1 42.50 acres (RP) Location: South side of Opeguon Church Lane at Kernstown Submitted: 05/09/97 PC Review: jP not yet scheduled - pending completed application. BOS Review: not yet scheduled Dominion Knolls (MDP #001-97) Stonewall 76 SF Detached Zero Lot Line Homes on 20.278 acres (RP) Location: SW Comer of Ft. Collier Rd. (Rt. 1322) & Baker Lane (Rt. 1200) Submitted: 01/27/97 PC Review: 03/05/97 - recommended approval BOS Review: 04/09/97 - approved Admininstrative Approval: Pending completion of review agency comments. SUBDIVISIONS: Dominion Knolls (SUB #005-97) Stonewall 75 s.f. zero lot line lots on 20.278 ac. (RP) Location: So.west corner of Baker Ln. (Rt. 1200) & Ft. Collier Rd. (Rt. 1322) Submitted: 05/16/97 MDP #001-97 Approved by BOS 04/09/97; MDP is pending admin. approval. Admin. Approved: Pending Lenoir City Co. of Virginia (SUB #003-97) Gainesboro 1 M1 Lot (2.000 acres) Location: Stonewall Industrial Pk.; McGhee Rd. (Rt. 861), approx. 700' west of the McGhee Rd. and Tyson Dr. intersection. Submitted: 05/15/97 MDP #006-93: Approved 07/28/93 Admin. Approved: Pending Winc-Fred Co. IDC (SUB) Back Creek 2 Ml Lots (0.552 acres & 20.285 acres) Location: Southeast side of Development Lane Submitted: 09/08/95 MDP #003-87: Approved 07/08/87 Pending Admin. Approval Awaiting signed plats. RT&T Partnership (SUB) Back Creek I 1 Lot - 29.6 Acres (B2) Location: Valley Pike (Rt. 11 So.) Submitted: 05/17/95 MDP #003-91 Approved 07/10/91 Pending Admin. Approval: Awaiting submission of signed plat & deed of dedication Briarwood Estates (SUB) Stonewall 20 SF Det. Trad. Lots (RP) Location: Greenwood Rd. Submitted: 01/03/94 MDP #005-93 Approved 12/8/93 Pending Admin. Approval: Befiig held at applicant's request. Abrams Point, Phase I (SUB) Shawnee 230 SF Cluster & Urban Lots (RP) Location: South side of Rt. 659 Submitted: 05/02/90 PC Review: 06/06/90 - reconunended approval BOS Review: 06/13/90 - approved Pending Admin. Approval: Awaiting deed of ded., letter of credit, and signed plat Harry Stimpson (SUB) __gpeguon Two B2 Lots Location: Town Run Lane Submitted: 09/23/94 PC Review: 10/ 19/94 - recommended approval BOS Review: 10/26/94 - approved Pending Admin. Approval: Awaiting signed plat. SITE PLANS: First United Methodist Church (SP #019-97) Gainesboro Picnic Shelter/ Softball Fields Location: Apple Pie Rid e Submitted: 05/16/97 Approved: 06/16/97 ALC, Inc. (SP #015-97) Shawnee Addition Location: Wright's Rwi L.P. - Lot 2 Submitted: 05/15/97 Approved: 06/17/97 Eastern Supply (SP /1017-97) Gainesboro 2,500 sq.ft. addition (office & fabrica- tion shop); 4,500 sq.ft. disturbed of a 5.3185 ac. parcel (MI) Location: 161 McGhee Road Submitted: Submitted: 05/15/97 Pending Approved: Pending Corrugated Container (SP 11016-97) Back Creek Office, Production, & Warehouse (36,000 sq. ft.); 4.4 ac. disturbed of a 11.369 ac. site (Ml) Location: 100 Development Lane; I.D.C. Subdivision Submitted: 05/05/97 Approved: Pending C.E.D. Enterprises, Inc. Revised (SP 11029-96) Back Creek 4,500 sq. ft. bldg. addition & a 12'X68' concrete pad (EM) Location: 221 Sand Mine Road Submitted: 04/22/97 Approved: Pending Bandit Karts (SP 11014-97) Shawnee Office & Fabrication Shop; 0.60 ac. disturbed of a 1.00 ac. parcel (MI) Location: Westview Business Center, Lot 3; Victory Lane (Rt. 728) Submitted: 04/18/97 Approved: 06/04/97 11 Spahr Corp. Ltd. (SP 11013-97) Gainesboro Office & Warehouse (9,350 sq.ft.) 1.60 ac. disturbed of a 2.00 ac. parcel (MI) Location: McGhee Road, Stonewall Industrial Park, Lot I Submitted: 04/11/97 Approved: 05/29/97 Stephens City Animal Hospital (SP #012-97) Opequon 750 sq.ft. medical office; 300 sq.ft. 1 disturb. area of a 0.319 ac. parcel (B2) Location: 103 Highlander Road, Ste hens City Submitted: 04/08/97 Approved: 05/28/97 Veteran's Texaco Station & Conven. Store & Burger King Restaurant Addit. (SP #007-97) Opequon Service Station, Store, & Burger King Restaurant on 1.0591 acres Location: 121 Fairfax Pike Submitted: 03/13/97 Approved: Pending Agape Christian Fellowship Church Sanctuary (SP #005-97) Shawnee Church Expansion; 2.5 ac. to be 1 developed of a 29.5115 ac. site (RA) Location: East side of Rt. 642; approx. 2,500' so. of the Rt. 37/I-81 Interch . Submitted: 02/12/97 Approved: Pending Rose Memorial Foundation (SP #004-97) Stonewall Renovation of existing residence for an adult care facility; 3.292 ac. site (RP) Location: 549 Valley Mill Road Submitted: 02/11/97 Approved: Pending Carriebrooke (SP #057-96) Shawnee I Offices on 2.5487 acres (132) Location: East side of Rt. 642 south of I-81/37/642 interchange Submitted: 12/26/96 Approved: 04/23/97 Shenandoah Bldg. Supply (SP #056-96) Gainesboro Warehouse on 5 acres (M1) Location: 195 Lenoir Drive (Stonewall Industrial Park) Submitted: 12/16/96 Approved: Pending Winchester 84 Lumber (SP #045-96) Stonewall 6,000 sq R storage bldg; 1.19 ac. of a 4.98 ac. tract disturbed (B2) Location: Rt. 839 Submitted: 10/ 14/96 -Approved: 06/10/97 Stimpson/Rt. 277 Oil & Lube Service (SP #030-96) Opequon Oil & Lube Serv., Car Wash, Drive - Thru on 2.97 ac. (B2) Location: 152 Fairfax Pk. (behind Red Apple Country Store) Submitted: 07/03/96 Approved: Pending Flying J Travel Plaza (SP #026- 96) Stonewall Travel Plaza on 15 acres (B3) Location: S.W. corner of the intersection of I-81 & Rt. 669 Submitted: 05/23/96 Approved: Pending Cedar Creek Center (SP #025-96) Iparcel Back Creek Museum on 0.485 ac. of a 3.210 acre (B1) Location: 8437 Valley Pike (Rt. 11), Middletown Submitted: 05/16/96 Approved: Pending AMOCO/House of Gifts (SP #022-96) Gainesboro Gas Pump Canopy 880 sq. ft. area of a 1 0.916 acre parcel (RA) Location: 3548 North Frederick Pike Submitted: 05/08/96 Approved: Pending American Legion Post #021 (SP #018-96) Stonewall Addition to lodge building on 3.4255 1 acre site (132) Location: 1730 Berryville Pike Submitted: 04/10/96 Approved: Pending D.K. Erectors & Maintenance, Inc. (SP #051-95) Gainesboro Indust Sery/Steel Fabrication on a 10 - acre site (M2) Location: 4530 Northwestern Pike Submitted: 12/28/95 Approved: Pending Wheatlands Wastewater Facility (SP #047-89) Opequon Treatment Facility on 5 Acres (115) Location: So. West of Double Tollgate; adj. & west of Rt. 522 Submitted: 09/12/89 Note: Being held at applicant's request. Flex Tech (SP #057-90) Stonewall I M1 Use on 11 Ac. (MI) Location: East side of Ft. Collier Rd. Submitted: 10/25/90 Note: Being held at applicant's request. CONDITIONAL USE PERMITS James K. Powell (CUP #009-97) Opequon Office Space & Work Shop for Plumbing Business (RA) Location: 6931 Valley Pike Submitted: 05/19/97 PC Review: 07/02/97 BOS Review: 08/13/97 - tentatively scheduled Peter J. & Michelle Brogger (CUP 008-97) Back Creek Cottage Occupation for Catering Business (RA) Location: Off of Chapel Road (Rt. 627); On Lustino Lane Submitted: 05/09/97 PC Review: 06/04/97 - recoimnended approval BOS Review: 07/09/97 John & Patricia Bowers (CUP #007-97) Stonewall Antique Shop in Existing Bldg. (RA) Location: 4489 Martnisburg Pike (Rt. 11N.), Clearbrook Submitted: 04/21/97 PC Review: 06/04/97 - recommended approval BOS Review: 07/09/97 BZA APPEALS: BZA VARIANCES: CFJ Properties (VAR #006-97) Stonewall Appeal of the determination made by (Flying J) the Director of Planning & Development in the administration of the Zoning Ordinance. Location: 1530 Rest Church Road Submitted: 04/25/97 BZA Review: 05/20/97 Tabled for 90 days per applicant's request to 08/19/97 BZA VARIANCES: HEI Flying J Travel Plaza Stonewall Height variance of 20' from 710' to (VAR #007-97) 730' above sea level and a sign size variance of 198.95 sq.ft. over the 300 s .ft. allowed. Location: 1530 Rest Church Rd./ So. West quadrant of 1-81 & VA Rt. 669 (Exit 323) Submitted: 04/29/97 BZA Review: 05/20/97 Tabled for 90 days er ap licant's request to 08/19/97. HEI PC REVIEW: 7/2/97 BOS REVIEW: 8/13/97 CONDITIONAL USE PERMIT #009-97 James K. Powell Office Space and Workshop for Inventory/Plumbing Business LOCATION: This property is located at 6931 Valley Pike. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 84-A-82 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: shops, apartments, and vacant PROPOSED USE: Office space, work shop, and inventory storage for plumbing business REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to a conditional use permit for this property. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. Inspections Department: Building shall comply with Virginia Uniform Statewide Building Code and Section 304, Use Group B (Business) of the BOCA National Building Code/1996. Other codes that apply are CABO A117.1-92, Accessible and Useable Buildings and facilities. Please submit floor plan of building for change of use permit. Fire Marshal: No comments. Health Department: See attached letter frain Karl Evans dated April 28, 1997 James K. Powell - CUP #009-97 Page 2 June 20, 1997 Planning and Zoning: History: As referenced in the letter from the Health Department, the previous use of the property has included such uses as a radiator, engine and auto repair, service (gas) station, grocery store and bakery. A manufactured home is located on the property for residential use. The previous uses of the building have been for commercial -related uses; therefore, the applicant desires to reestablish a nonconforming use. Public garages, and other auto repair businesses, service stations, country general stores and bakeries are uses allowed in the Rural Areas District by issuance of a Conditional Use Permit. The proposed plumbing business is similar to other contracting or service businesses allowed in this district. Use of an existing building and site should not change the character and established pattern of development of the area. If conditions are adhered to, the issuance of the Conditional Use Permit should not affect the surrounding properties or the character and environment of the area. Any storage of materials or supplies outside of the building should be screened from public view. Fencing is proposed for a portion of the site in front of and to the north of the building to provide screening for outside storage of supplies and parking of service vehicles, to be located in a secure area. The applicant has volunteered to park the service vehicles within the closed area. According to Health Department and VDOT's comments, adequate facilities and safe access are available to accommodate the proposed use. Staff Recommendation for 7/2/97: Staff recommends approval with the following conditions: All agency comments shall be complied with at all times. 2. A (minor) site plan must be approved by the County, and should include the proposed location of the fence/screening (material, height) on the plan. 3. All shop -related work must be done within the building only. 4. Total signage (wall or freestanding) should not exceed a maximum of 100 sq. ft. 0:\AGENDAS\COMMENTS\POWELL 2.CUP Lord Fairfax Environmental Health District 107 N. Kent St. `p P. O. Box 2056 Winchester, Virginia 22604 ® (540) 722-3480 FAX (540) 722-3479 Counties of- Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester April 28, 1997 RE: Request for comments I.D. # 97018185 Tax Map # 84-A-82 James Powell 119 Laurel Hill Drive Stephens City, VA 22655 Dear Mr. Powell: A evaluation of the existing sewage disposal system was completed on this date. It was not required that any of the system components be un -covered for inspection. I did walk across the area of the drainfield and there was not any odors or system mal -functioning noted. I am listing below other comments that relate to this property that I have found in our files: 1. This office has on file a construction permit for a sewage disposal system that was issued on July 15, 1954. The permit is for the above referenced property, but it is unclear as to what structure the system was to serve. 2. We also have on -File a repair permit issued on August 24, 1978 to correct a unsuitablc existing septic system. Our files do NOT indicate that the system was installed. 3. We have a conditional use approval for the property dated August 22, 1979 to allow for a radiator repair, engine repair and service station. The health department required a condition that the repair system must be installed. 4. We also have on file a conditional use approval dated March 28, 1985. The present owner Ms. Iva Petre, was given approval to convert the garage into a grocery store. Page 2 James Powell request for comments I.D. # 97018185 5. The last document is a letter from Herbert Sluder, R.S. giving Ms. Petre approval to operate a bread/bakery store in the current structure as well as connect a mobile home to the existing sewage disposal system ( for her occupancy only ). Considering all of the above information, it has been decided to approve your request with the following conditions: 1. The business in your proposed office will be limited to Kone) employee per day. There will not be public restrooms allowed. 2. The trailer which is on the property can only be occupied by Ms. Petre ( one occupant ). If the property is ever sold, the trailer MUST be removed from the property. 3. If at any time the system malfunctions or sewage is evident on the ground surface, you will be required to cease operating your business office at this location until at which time the system is repaired (if possible) according to health department regulations and policies. This report is not intended for use as part of a real estate transfer or any unauthorized use. There is no implied guarantee of future septic system performance based on this report. In the event of any sewage disposal malfunction, the owner will be responsible for any repairs or other actions deemed necessary to correct the situation. Sincerely, Karl E. Evans Env. Health Specialist Senior pc: Ms. Iva Petre CUP #009-97 PIN: 84—A--82 James K. Powell Submittal Deadline 6- 6- 7? P/C Meeting 7-2- q -j BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner X other) NAME: JAMES K PDW L ADDRESS: 119 LAUREL HILL DRIVE STEPHENS CITY, VA 22655 TELEPHONE 869-2354 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) 6931 VALLEY EY PIKE MIDDLETOWN, VA 22645 4. The property has a road frontage of 200 feet and a depth of feet and consists of 3/4 acres. (Please be exact) 5. The property is owned by IVA PETRA as evidenced by deed from recorded (previous owner) in deed book no. on page , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. Magisterial District o Current Zoning RA (rural area)r 7. Adjoining Property: USE North Shop East Ihn❑ South Ilnde.vel nppfl West Apartments 84-A-82 (.74 ac) 8. The type of use proposed is (consult with the Planning Dept. before completing) Office space and work shop for inventory for plumbing business 9. It is proposed that the following buildings will be constructed: N/A 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME ABLE, ROY T ADDRESS P 0 Box 361 Middletown, 22 -- PROPERTY ID# 84-4-1 NAME MELCO, INC. PROPERTY ID# 84-A-83 NAME MELCO, INC. PROPERTY ID# 84-A-84 NAME MELCO, INC. PROPERTY ID# 84-A-87 NAME DEHAVEN, WENDELL P PROPERTY ID# 84 -A -79A NAME DOWNARD, HARRY A ADDRESS 609 Cedar Creek Grade Winchester 22601 ADDRESS 609 Cedar Creek Grade Winchester, VA 22bul ADDRESS 609 Cedar Creek Grade Winchester, VA 22601 ADDRESS 37 Southwest St Winchester, VA 22601 ADDRESS 797 S. Buckton Rd PROPERTY ID# 84-A-79 Middletown, 22645 NAME NELSON, PAULA A ADDRESS 6917 Valley Pike Middletown, 22645 PROPERTY ID# 84-A-78 NAME HESTER, JEFFREY D, TRUSTEEADDRESS 1011 Breckinridge"'Lane, Winchester -'-22601: PROPERTY ID# -, 'r 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. ��i ------------------= I 04 1- 'MIDP�4 I-C��ZoeNlyk"I., 4 ti 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your pro erty where the proposed use will be conducted. Signature of Applicant (� ` Signature of Owner�t Owners' Mailing Address/ Owners' Telephone No.'�q_ TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAY: 540/678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Deputy Director �A ✓ RE: Stone, Clay, Glass, and Concrete Products Manufacturing Amendment DATE: June 16, 1997 The Development Review and Regulations Subcommittee (DRRS) considered a request made by the Economic Development Commission (EDC) to amend Chapter 165, Zoning, of the Frederick County Code, to allow for the manufacturing of products specified under Major Group 32 of the Standard Industrial Classification Manual (SIC). This section of the SIC would permit the manufacturing of stone, clay, glass, and concrete products. Currently, the M-1 (Light Industrial) District permits SIC 3271 - concrete block and brick -related products, and the M-2 (Industrial General) District permits SIC 327 - concrete, gypsum and plaster products. The DRRS felt that the inclusion of the uses specified under SIC 32 would be appropriate in the M-2 District, but not in the M-1 District. It was the overall consensus of the DRRS that the M-2 District already permitted Major Groups SIC 26 - Paper and Allied Products, SIC 28 - Chemicals and Allied Products, SIC 29 - Petroleum Refining, and SIC 33 - Primary Metal Industry; therefore, SIC 32 would not increase the intensity of this district. The DRRS recommended that Article X, Business and Industrial Zoning Districts, be amended to permit all uses specified within SIC 32 - Stone, Clay, Glass, and Concrete Products, excluding 3292 - Asbestos Products. Included with this memorandum is the proposed amendment for consideration by the Planning Commission, as well as a copy of the uses permitted under SIC 32 - Stone, Clay, Glass, and Concrete Products. Staff asks that the Planning Commission provide a recommendation that will be forwarded to the Board of Supervisors for final resolution on July 9, 1997, EAW/cc Attachments ARTICLE X Business and Industrial Zoning Districts 165-82E. M-2, Industrial General District Stone, Clay, Glass, and Concrete Products, excluding the following: (SIC) 32 Asbestos Products 3292 GODS—Con. ►nd Purses—Con. ,Dods of precious metals Major Group 32.—STONE, CLAY, GLASS, AND CONCRETE PRODUCTS The Major Group as a Whole 163 Coses. tee• of material This major group includes establishments engaged in manufacturing flat glass and other her goods. unall: personal glass products, cement, structural clay products, pottery, concrete and gypsum products, cut :atbooks. men's regardless of mate. Ll stone, abrasive and asbestos products, and other products from materials taken principally a& men's regardless of material from the earth in the form of stone, clay, and sand. When separate reports are available for mg cases, regardless of material toxo pouches regardless of material mines and quarries operated b manuf Y acturing establishments classified LII this major group, st idts and cases. regardless of ma- i the mining and quarrying activities are classified in Division B, Mining. When separate re - rias Ay case. leather 3 porta are not available, the mining and quarrying activities, .other than those of Industry Late, regardless of material 3295, are classified herein with the manufacturing operations. Ch straps,except mem If separate reports are not available for crushing, grinding, and other preparation activi- ties of Industry 3295, these establishments are classified in Division B, Mining. D i t rndustrr Group Industry No. No. leather goods, not else- 321 FLAT GLASS embossed leather goads, stablishments primarily 3211 Flat Glass ssified in Industry 3053. Establishments primarily engaged in manufacturing flat glass. This indus- leather and sheep -lined try also produces laminated glass, but establishments primarily engaged in manufacturing laminated glass from purchased flat glass are classified in In- aah t athletic leather dustry 3231. ,tars, .er welders': leather so e• (whrpe) Building glass, flat Picture glass Cathedral glass Plate glass blanks for optical or oph- .ter oelting for machinery flat, Lid. twisted, and built-up Float glass rt,.fro, uses Glave, coiored: cathedral and antique Plate glass, polished and rough pnga, welders': leather snapping for textile mills, leather Glass, flat Sheet glass IasuJating glass. sea sealed Lta—mitre Sheet glass blanks for optical or oph- Laminated glass. made from slues, leather em caovas and leather glass pro- thalmic uses duced in the same establishment Skylight glass Multiple -glazed insulating unite—mitre Spectscle glass Jr Ps ilea end Pam belts, leather Opalescent thalmi flat slam Structural glare, flee Ophthalmic slam, flat Tempered glass—mitse vee, welders': leather Optical gam. flat Window glass. clear and colored a cups, wood and metal 322 GLASS AND GLASSWARE, PRESSED OR BLOWN :pe, horse watch scrape: leather .pe, horse This group includes establishments primarily engaged in manufacturing petaks glass and glassware, pressed, blown, or shaped from glass produced in the same establishment. Establishments primarily engaged in manufacturing glass products made from purchased glass are classified in Industry 3231. 3221 Glass Containers Establishments primarily engaged in manufacturing glass containers for commercial packing and bottling, and for home canning. Ampoules, glass Bottles for packing, bottling, and can- ning: glass Carboys. glass Containers for packing. bottling, and canning: glass Cosmetic jam, glass Fruit jars. glses Jets for packing, bottling, and canning: glass Juga for packing, bottling, and canning- glass Medicine bottles. Klass Milk bottles- glass Packard were, (containers), glass Vials, glass: made in gleeemaking ee- tablishments Water bottles, glass 164 STANDARD INDUSTRIAL CLASSIFICATION Industry Gip Induce Na Na 322 GLASS AND GLASSWARE, PRESSED OR BLOWN—Con. 3229 Pressed and Blown Glass and Glassware, Not Elsewhere Classified Establishments primarily engaged in manufacturing glass and glassware, not elsewhere classified, pressed, blown, or shaped from glass produced in the same establishment. Establishments primarily engaged in manufacturing tex- tile glass fibers are also included in this industry, but establishments primari- ly engaged in manufacturing glass wool insulation products are classified in Industry 3296. Establishments primarily engaged in manufacturing fiber optic cables are classified in Industry 3357, and those manufacturing fiber optic medical devices are classified in Industry Group 384. Establishments primarily engaged in the production of pressed lenses for vehicular lighting, beacons, and lanterns are also included in this industry, but establishments primarily engaged in the production of optical lenses are classified in Industry 3827. Es- tablishments primarily engaged in manufacturing glass containers are classi- fied in Industry 3221, and those manufacturing complete electric light bulbs are classified in Industry 3641. Art glassware, made in gi= „a4i„o planta Ashtrays, glass Barware, glass Battery jars, glass Blocks, glace Bowls, glass Bulbs for electric lights, without fila- ments or sockets—mitre Candlestia., glass Centerpieces, glass Chimneys, lamp: glass—pressed or blown Christmas tree ornaments, from glass— mitse Clip tvpe, glass Cooking utensils, glass and glass ceram- ic Driakusg straws, glass Fiber optica strands Fibers, glass, textile Flame -are, glass and glass ceramic FrYmg Peas glass and glass ceramic Glass blanks for electric light bulbs Glass brick Glassware, except glass containers for Pecking, bottling, and canning Glassware: art, decorative, and novelty Goblets, glass Illuminating glace: light shades, reflec- tors, lamp chimneys, and globes Industrial glessware and glass prod- ucta, pressed or blown Inkwells, glass Maid tore, electrical: glass Lamp parte glass Lamp shades, giam Lantern globes, glass: premed or blown Lens blanks, optical and ophthalmic Lenses, glass for lanterns, flashlights, headlights, and searchlights Level vials for instruments, glass Light shades, glass pressed or blown Lighting glassware, premed or blown Novelty glassware: made in glammak- ing pleats Ophthalmic glass, except flat Optical glass Manic Photomask blanks, glass Reflectors for lighting equipment, glace: pressed or blown Refrigerator dishes and jars, glass scientific glassware, pressed or blown: made in glasamakin plants Stemware, glass Tableware, glass and glass ceramic Tee kettles, glass and glass ceramic Technical glassware and glans products, premed or blown Television tube blanks, glass Textile glass fibers Tobacco jars, glass 'hays, glass Tubing, glass Tumblers, glass Vases, glass Yarn. fiberglass: made in glass planta 323 GLASS PRODUCTS, MADE OF PURCHASED GLASS 3231 Glass Products. Made of Purchased Glass Establishments primarily engaged in manufacturing glass products from purchased glass. Establishments primarily engaged in manufacturing optical lenses, except ophthalmic, are classified in Industry 38277, and those manufac- turing ophthalmic lenses are classified in Industry 3851. Aquariums and reflectors, made from Christmas tree ornaments, made from purchased glass purchased glass Art glees, made from purchased glass Cut and engraved glassware, made Industry Group Na 323 324 325 Industry Na G1 3231 G1: CE -1 3241 Cerr E'z clud-: STR 3251 Bric Es clay are c sifiec Indy 3223. -Con. re Classified S glass and glassware, n glass produced in the J in manufacturing tex- establishments primari- -oducts are classified in anufacturing fiber optic inufacturing fiber optic atablishments primarily '.rules lighting, beacons, stablishments primarily ied in Industry 3827. Es- iss containers are classi- Aete electric light bulbs tdators. electrical. glass ap parte. glass -o shedea glass atern globes, glass: pressed or blown w blanks, optical and ophthalmic ogee, glans: for lanterns, asahlights. radlights, and emu tit lig_hu vdvial for ulghumen a, glass du ahisim gust premed or blown did= gleawere, premed or blown malty rowers: made in gin®mak- ing F ehtha+. Blass. except flat mi al glass blanks mtomask Menlo glass rIIectiore for lighting equipment glans: premed or blown Irigerator dishes and jam, glass ientific glassware. pressed or blown: made in glass making planta emware, glass rbleware, glass and glass ceramic as kettles glass and glass ceramic whwcal glassware and glass products, premed or blown elevision tube blanks. glass extile glass dbers obacco jam glass rare, glass ubmig. glssa emblem glass 'ansa glass 'ata fiberglass: made in glass planta ,SS sing glass products from in manufacturing optical 3827, and those manufac- 851. Christmas tree ornaments, made from purchased glass Cut and engraved glassware, made MANUFACTURING Petr Group Industry Na Na 323 GLASS PRODUCTS, MADE OF PURCHASED GLASS --Con. 324 325 3231 Glass Products, Made of Purchased Glass—Con. ft— purchased glass Decorated glassware: &g., chipped, on. i0wed, etched. prttrhgtaedbl.da—m.d. Doe* made tram pLtrchrsad glass b�aE glaea made sten purchased glass Hacrtisting gold, silver. or other moods on glass products made sem puz• chased glass Flowers, foliage, fruits and vines: art ff- CW glass --made sem porebeeed 61&111 F:artificial: made from purchased Furniture tom giam: cut. beveled, and poidw Glass, adontifie: apparatus: for drug- gista'. hospital laboratories—made seen Purchased glass Glass, absec bent—made sans pur, chased glare Grasses. artificial: meds sons puss chased glass Ground glass, made from purchased ]dam Industrial glassware. made from puss chased glass Laboratory glassware. made from pur. chased glass L ammated glass, made from purchased zie- Leaded glass, made from purchased 91— bted.. dropper✓, made from pur- chased usschased glass CEMENT, HYDRAULIC 3241 Cement, Hydraulic 165 Mirtms. Gamed or unfi=a-t• mad. hens purchased gl++ mads sem pmss ehad gimm MWdpin+liamed 'emulating units, made sten purchased glass Novelties, glass e.g., frau, foliage, no— am animal, made atm purchased 0111111 ornamented glass, made from pur- ,hand glass Plaid and foliage, artifiaaL- made sem ptuchassd glass r : Beflaaw glass beech, for highway sigma and other redact= made from pur- chased usschased glees SBey glass. made tram purchased ss Silvered glass, made from purchased 911140 Statined glass, made eras purchased Table tops, made cam purchased glass Technical glassware, made from pur. chased glass Tempered glass, made `rom purchased glass Tat tubes, made from purcaaeed glass Vials, made from purchased glass Watch crystal. mads from pumbiseed 0— Windows, stained glarc mesio from puss chased glass Windahields, made from purchased 919 - Establishments primarily engaged in manufacturing hydraulic cement, in- cluding portland, natural, masonry, and pozzolana cements. Cement. hydraulic Portland. natural. masonry, and pozzolana STRUCTURAL CLAY PRODUCTS 3251 Brick and Structural Clay Tile Establishments primarily engaged in manufacturing brick and structural Clay tile. Establishments primarily engaged in manufacturing clay firebrick are classified in Industry 3255; those manufacturing nonclay firebrick are clas- sified in Industry 3297; those manufacturing sand lime brick are classified in Industry 3299: and those manufacturing glass brick are classified in Industry 3229. Book tile, clay Floor amn tile. clay Brick. common, face, glazed, vitrified, flooring brick, clay and hollow clay Furring tile, clay Building We, clay Partition tile, clay Ceramic glazed brick. clay Paving brick, clay Chimney blocks, radial— clay Silo Lila Corncrib tie Slumped brick Facing tile. clay Structural tile, clay Fireproofing tile, clay 166 Na 325 326 STANDARD INDUML4L CLASSII~'ICATION Industry Na STRUCTURAL, CLAY PRODUCTS --Con. 3253 Ceramic Wall and Floor Tile Establishments primarily engaged in manufacturing ceramic wall and floor tile. Establishments primarily engaged in manufacturing structural clay tile are classified in Industry 3251, and those manufacturing drain tile are classi- fied in Industry 3259. Ceramic file, floor and well Moria tile. ceramic Etiamal tile, floor and wall: clay Promenade tile. clay Faience tile Quarry tile. day 3255 Clay Refractories Establishments primarily engaged in manufacturing clay firebrick and other heat resisting clay products. Establishments primarily engaged in manu- facturing nonclay refractories and all graphite refractories, whether of carbon bond or ceramic bond, are classified in Industry 3297. Brick. day refractory Are clay and high alumina Castable refractories, day Cement clay refractory Clay refractories Crucibles, fire day Pyre clay blocks, bricks, tile, and special ahapes Fi ebrick. clay Floatem glssahouse clay Foundry rafrecrmiee, clay Glasshouse refreckaries Heater radiants. clay Hot top refiacroriae, day Insulating firebrick and shaped, clay Kiln furniture, clay Ladle brick, day Melting pate glasshouse: day Mortars, clay refractory Plastics Are day bricks Plastics refiecteriea, day Rings. glasshouse: day stoppem glasshouse: clay Tank blocks, glasshouse: clay Tile, clay refractory 3259 Structural Clay Products, Not Elsewhere Classified Establishments primarily engaged in manufacturing clay sewer pipe and structural clay products, not elsewhere classified. Adobe brick Lining, stove and flue: day Architectural terra cotta Roofing tile. day Blocks. segment day sewer pipe and fittings, clay chimney pipe and tope, clay Thimbles, chimney: day Conduit, vitrified clay Tile, filter underdraim day Coping, well: day Tile, sewer. clay Drain tile. day Liner brick and plates, for lining sewer& tsnke, etc.: vitrified day POTTERY AND RELATED PRODUCTS 3261 Vitreous China Plumbing Fixtures and China and Earthenware Fittings and Bathroom Accessories Establishments primarily engaged in manufacturing vitreous china plumb- ing fixtures and china and earthenware fittings and bathroom accessories. Bathruom acraones, vitreous dune and eertbenware Bidets, vitreous chine Bolt caps, vitreous duns and earthen - We" closet bowls, vitreous china Drinking fountams, vitreous duns Faucet handle& vitreous duan and earthenware Flush teaks, vitreous china Laundry trays, vitreous china Lavatorim, vitreous chins Plumbing fixtures, vitreous china Sinks, vitreous duan Soap dishes vitreous china and earth- enware Toilet fixture., vitreous china Towel bar holder, vitreous thio- and earthenware Urinal& vitreous ehi— Industry Group Industry No. No. 326 POT 3262 Vitr+ FA and other enwz 3263 Fine Est ear tl or dr table 3264 Porci Est. ad c spark clay a 3269 Potte Est- earth( stearth( dust- kitche produ lg vitreous china plumb- athroom accessories. udry trays, vitreous china vatories. vitreous china uabing fixtures, vitreous chine lke. vitreous china np dishes. vitreous china and earth. nware ;let fi=res, vitreous china wet bar holders, vitreous china and a thenware Lo" vitreous china Art and ornamental ware, pottery Aahtrays, pottery Ceramic articles for craft shape Chemical porcelain Chemical stoneware tpoctery products) China firing and decaratinq- for the trade Cones, pyrometric: earthenware Cooking ware: stoneware. coarse earth- enware, and pottery Crockery Decalcomania work on china and glass, for the trade Earthenware table and kitchen articles coarse Encrusting gold, silver, or other metal on chine, for the trade Figures, pottery- china, earthenware, and stoneware Fyltering media. pottery Florists' articles, red earthenware Flower pots, red earthenware Forms for dipped rubber products. pot- tery Grinding media, pottery Heater parts. pottery Kitchen articles, coarse earthenware lamp bases. pottery Pottery art, garden, decamuve, induct trial. and laboratory Pyrometer tubes Rockingham earthenware Smokers' articles, pottery Stationery articles, pottery Textile guides, porcelain Vases, pottery (china. earthenware. and stoneware) MANUFACTURING 167 GMP Indult17 a 326 POTTERY AND RELATED PRODUCTS --Con. 3262 Vitreous China Table and Kitchen Articles Ig ceramic wail and IIoor Establishments primarily engaged in manufacturing vitreous china table firing structural clay tile and kitchen articles for use in households and in hotels, restaurants, and ring drain file are classi . a other commercial institutions for preparing, serving, or storing food or drink. Establishments primarily engaged in manufacturing fine (semivitreous) earth- nalc sue. Ceramic enware (whiteware) table and kitchen articles are classified in Industry 3263. amem de tile. clay —r7 Wa. clay Boas china Dl� e � eatw s! and hoehold--sit. Cammetcial d household tableware and kittheawww. vitreous china Table ar'tfeles, sitteoua -hi.- Cooking ware, china - ring clay firebrick and 3263 Fine Earthenware (Whiteware) Table and Hitchen Articles manly engaged in menu- tories, whether of carbon ;' Establishments primarily engaged in manufacturing fine (semivitreous) earthenware table and kitchen articles for re P Pm'ingr serving, or storing food .' or drink. Establishments primarily engaged in manufacturing vitreous china Mt ton `*fi'ta"es, clay relating firebrick and shapes, clay table and kitchen articles are classified in Industry 3262. In f --tune, clay die brick, clay ! Cooking ware, fine earthenware Tableware: commercial and house - Earthenware: commercial and house. hold—xmiviteeous -lting pom glasshouse: clay )Rets. clay refractory - hold—semivitreoua Whltewere, fine type semivitreous ta. Kitchenware, semivitreous earthen- bleware and kitchenware ratio fire clay bricks ware ratio ref actmes. clay 1911, giseshousic day 3264 Porcelain Electrical Supplies 99= )MTM ffla-sh°—clay nk blocks, glasshouse: clay Establishments primarily engaged in manufacturing porcelain electronic g a. dr ,ramry and other electrical insulators, molded porcelain parts for electrical devices, spark plug and steatitic porcelain, and electronic and electrical supplies from clay and other ceramic materials. .ng clay sewer pipe and alumina porcelain ineulacora Magneto permanent care- ic or ferrite Beryllia porcelain insulators Porcelain parrs, molded for electrical Cleats porcelain ring. stove and flue: clay and electronic devices Ferrite spark ply. porrebuin hpipe er ps, clay d Fittings, clay porcelain Knobs. porcelain Tlrbee. porcelain Titmoin porcelain insulators imbles. chimaer. clay e, filter underdraia: clay 3269 Pottery Products. Not Elsewhere Classified e. sawer- clay Establishments primarily engaged in firing and decorating white china and earthenware for the trade and manufacturing art and ornamental pottery, in- dustrial and laboratory pottery, stoneware and coarse earthenware table and kitchen articles, unglazed red earthenware florists' articles, and other pottery irthenware Fittings and products, not elsewhere classified. lg vitreous china plumb- athroom accessories. udry trays, vitreous china vatories. vitreous china uabing fixtures, vitreous chine lke. vitreous china np dishes. vitreous china and earth. nware ;let fi=res, vitreous china wet bar holders, vitreous china and a thenware Lo" vitreous china Art and ornamental ware, pottery Aahtrays, pottery Ceramic articles for craft shape Chemical porcelain Chemical stoneware tpoctery products) China firing and decaratinq- for the trade Cones, pyrometric: earthenware Cooking ware: stoneware. coarse earth- enware, and pottery Crockery Decalcomania work on china and glass, for the trade Earthenware table and kitchen articles coarse Encrusting gold, silver, or other metal on chine, for the trade Figures, pottery- china, earthenware, and stoneware Fyltering media. pottery Florists' articles, red earthenware Flower pots, red earthenware Forms for dipped rubber products. pot- tery Grinding media, pottery Heater parts. pottery Kitchen articles, coarse earthenware lamp bases. pottery Pottery art, garden, decamuve, induct trial. and laboratory Pyrometer tubes Rockingham earthenware Smokers' articles, pottery Stationery articles, pottery Textile guides, porcelain Vases, pottery (china. earthenware. and stoneware) 168 STANDARD INDUSTRIAL CLASSIFICATION Industry GMPIndustrY Na. No. 327 CONCRETE, GYPSUM, AND PLASTER PRODUCTS 3271 Concrete Block and Brick Establishments primarily engaged in manufacturing concrete building block and brick from a combination of cement and aggregate. Contractors engaged in concrete construction work are classified in Division C, Construction, and establishments primarily engaged in mixing and delivering ready -mixed con- crete are classified in Industry 3273. Architectural block. concrete: eg, Brick. concrete fluted, screen, split, slump, pound Paving blocks concert feC° Plinth blocks, precast terrazzo Hloeks, concrete end cinder 3272 Concrete Products, Except Block and Brick Establishments primarily engaged in manufacturing concrete products, except block and brick, from a combination of cement and aggregate. Contrac- tors engaged in concrete construction work are classified in Division C, Con- struction, and establishments primarily engaged in miring and delivering ready -mixed concrete are classified in Industry 3273. Areaways, basement window: concrete Art marble, concrete Ashlar, cast stone Bathtubs, concrete Battery wails and boxes. concrete Building materials, caner M emspt black and brick Building atone. artificial: concrete Burial vaults, concrete and precast ter, rano Gat etoue, concrete Catch basin —am concrete Coiling squares. concrete Chimney cap& concrete Church furniture. concrete Column.. concrete Concrete product', Precast except block and brick Concrete, dry mixture Conduits, concrete copings, concrete Cribbing, concrete Crossing slabs, concrete Culvert pipe, concrete Cylinder pips primed concrete Cylinder Pips Pretensioned concrete Door frames, concrete Drain tile, concrete Fireplaces, concrete Floor filler tiles. concrete. Floor alb., precast concrete Floor tile, Praxet terra= Fountains, concrete Fountains. wash: precast terrazzo Garbage boxes. concrete Grave markers, concrete Greve vault& concrete Grasse crape, concrete Houatog components. Prefabncated., concrete Incinerators, concrete Irrigation pipe, concrete Joists, concrete Lundry trays, concrete Lintela. concrete Manhole covers and frames, concrete Mantel& concrete Mattress® for river revetment, am. care articulated Meter boxes concrete Monuments, concrete Panels and section& prefabricated: con, crate PaWW matarial& prefabricated can. creta, except block. Pier footing& Prefabricated oncreto Piling. Prefabricated concrete Pim concrete Pipe, lined with concrete Poles, concrete Posta concrete Pressure Pipe, reinforced concrete Presveeeed concrete products Booting file and slabs, concrete Septic tanks, concrete Sewer pipe, concrete Shower receptors. concrete Siding, precast atone Silla, concrete Silo staves, ®et stone Silo& prefabricated concrete Slabs, croesiug, concrete Spanish floor tile. concrete Squares for walla and oeilinp concrete Steps. prefabricated concrete Stone, cast concrete Stools, Precast tarruzzo Storage tanks, concrete Tanks. concrete Terrarffio products, precast Thresholds, precast terrazzo Tim railroad: concrete Tile, Precast terrazzo or concrete Tombrwnea Precast tetrabn or eon. crete Wall base, precast wrn=o Well quarte, concrete Wash foundation& precast terrazzo Well tiabirug, concrete Window salla, cast stone Industry Group Industry 3270. x0. CC 3273 R e: cre, star shx 3274 1 Ln limt sub:! 3275 Gyp and plast 328 CUT 3281 Cut FSI mart) mens: terim= Whom stone; concrete building block e. Contractors engaged a C, Construction, and wring ready -mixed Con - concrete i block- concrete I bioei s. Precast terrsao ng concrete products, .ad aggregate. Contrac- ted in Division C, Con - mixing and delivering ate covers and frames, concrete " concrete ewes for river revetment. oon. e articulated •bore- concrete manes, concrete s and sections, prefabricated: can- e g Is, prefabricated con- A a ,locks 00=9a. prefabricated concrete Prefabricated concrete connate lined with concrete concrete concrete ire pipe. reinforced concrete mooed concrete product@ tg the and slabs, concrete tanks. concrete pipe. concrete rr receptors. concrete precast stone macreto avec, ®et stone Prefabricated concrete cr sung: concrete rh floor tile, concrete as for wells and ceilings, concrete prefabricated concrete . cast concrete precast terrazzo re tanks. concrete concrete = products. precast holds, precast terrazzo -ai.lroad: concrete rtecast terreao or concrete Mites. Precast terrazzo or con- :. Precast terrazzo gNares. concrete foundations. Precast terrazzo nrrbing, concrete rw sills, cast stone Industry Group Na 327 328 MANUFACTURING Na CONCRETE, GYPSUM, AND PLASTER PRODUCTS—Con. 3273 Ready -Mixed Concrete 169 Establishments primarily engaged in manufacturing portland cement Con- crete manufactured and delivered to a purchaser in a plastic and unhardened state. This industry includes production and sale of central -mixed concrete, shrink -mixed concrete, and truck -mixed concrete. c•ntm&m=sd concrete Reedy -mixed concrete, production and distribution 3274 Lime r r Shrink -mixed concrete Truck -mixed concrete Establishments primarily engaged in manufacturing quicklime, hydrated lime, and "dead -burned" dolomite from limestone, dolomite shells, or other substances. Agriarltural lime Building lime Dolomite, deed -burned Dolomitic lime 3275 Gypsum Products Hydrated lime Lime plaster Mamas' lime Quicklime Establishments primarily engaged in manufacturing plaster, plasterboard, and other products composed wholly or chiefly of gypsum, except articles of plaster of paris and papier-mache. Acoustical plaster, gypsum Agricultural gypsum Board. gypsum Building board, gypsum cement. Keene's Gypsum Prod— e.g.. black, board, plaster, lath, rock, the CUT STONE AND STONE PRODUCTS 3281 Cut Stone and Stone Products Insulating plaster, gypsum orthopedic plaster. gypsum Panels. Plaster: gypsum Plaster and plasterboard, gypaum Plaster of Paris Wallboard, gypsum Establishments primarily engaged in cutting, shaping, and finishing granite, marble, limestone, slate, and other stone for building and miscellaneous uses. Establishments primarily engaged in buying or selling partly finished monu- ments and tombstones, but performing no work on the stones other than let- tering, finishing, or shaping to custom order, are classified in Division F, Wholesale Trade or Division G, Retail Trade. The cutting of grindstones, pulp - stones, and whetstones at the quarry is classified in Division B, Mining. Altars, cut stone Baptismal fonts, cut atone Benches. cut stone Blackboards. slate Burial vaults, stone Church furniture, cut stone Curbing, granite and stone Cut stone products Desk set bases, onyx Dimension stone for buildings Flagstones Furniture. cut stone Granite, cut and shaped Lamp base.. onyx Limestone, cut and shaped Marble, building: cut and shaped Monuments, cut stone: not including only dnW+ng or lettering to order Paving blocks, cut stone Pedestals, marble Pulpits, cut stone Rooftng, slate Slate and slats products Statuary, marble Stone, cut and shaped Stone. quarrying and proc-'eaetng of own stone products Sr tchboard panels. slate Table tops, marble Tombstones, cut stone: not including only finishing or lettering to order Urns, cut stone vases, cut stone 170 STANDARD INDUSTRIAL CLASSIFICATION la,111-7 Group Industry No. Na 329 ABRASIVE, ASBESTOS, AND MISCELLANEOUS NONMETALLIC MINERAL PRODUCTS 3291 Abrasive Products Establishments primarily engaged in manufacturing abrasive grinding wheels of natural or synthetic materials, abrasive -coated products, and other abrasive products. The cutting of grindstones, pulpstones, and whetstones at the quarry is classified in Division B, Mining. Abrasive buffs, bricks. cloth. paper sticks. stones, wheals, ate. Abrasive grains, natural end artificial Abrmver wd products Abrasives, aluminous Aluminum oxide (fused) abrasives Boeoa carbide abrasives Bort, crushing Buffing and polishing wheels, abrasive and nonabrasive Cloth garnet, emery. sluminum oxide, licon and sicarbide coated corundum abrasives Diamond dressing wheels Diamond powder Emery abrasives Garnet abrasives Grinding belle, ceramic Grindstones, artificial Grit, steel Hones Metallic abrasives 3292 Asbestos Products oilstone. artificial Pad& scouring: soap impregnated Paper: garnet. emery, aluminum oxide, and eilieon carbide costed Polishing rouge (abrasive) Polishing wheels Pumice and pumicits abrasive. Rouge. polishing Rubbing stones, artificial Sandpaper Scythestones, artificial Siliooa carbide abrasives Sponges, scouring: metallic Steel shot abrasives Steel wool Tripoli Tungsten carbide abrasives Wheals, abrasive: except dental Wheals, diamond abrasive Wheals, grinding: artificial Whetstones, artificial Establishments primarily engaged in manufacturing asbestos textiles, asbes- tos building materials, except asbestos paper, insulating materials for covering boilers and pipes, and other products composed wholly or chiefly of asbestos. Establishments primarily engaged in manufacturing asbestos paper are classi- fied in Industry 2621, and those manufacturing gaskets and packing are classi- fied in Industry 3053. Asbestos cement products: e.g., siding, Pressure pipe, conduits, ducts Asbestos products: except pecking and gaskets Blankets, insulating for airmaft: Babes• too Boiler covering (haat insulating mated. AIL except felt Brake lining, asbestos Brake pada. asbestos Building materials, asbeetae; except ar beams paper Carded fiber. asbestos Cloth, asbestos Clutch facings, asbearae Cord. asbestos Felt, woven amowte: asbestos Floor tile, asphalt Friction materials, asbestos: woven Insulation, molded asbestos 3295 Minerals and Earths, Ground or Otherwise Treated Mattresses, asbestos Pipe and boiler coveting, except felt Ape covering (insulation), laminated aebestce paper Pipe. pressure: asbestos cement Roofing, asbestos felt roll Rope. asbestos Sheat, asbestos cement flat or corru- gated Shingles, asbextoe cement Siding, asbestos cement Table pads and padding, asbestos Tape, asbestos Textiles, asbestos: except parking Thread. asbestos Tile, vinyl asbestos Tubing. asbestos Wick. asbesme Yate, asbestos Establishments operating without a mine or quarry and primarily engaged in thing, grinding, pulverizing, or otherwise preparing clay, ceramic, and refractory minerals; barite; and miscellaneous nonmetallic minerals, except Industry Geoup Na 329 SMETALLIC ng abrasive grinding ;d products, and other les, and whetstones at ore, artificial scouring soap impregnated prase, emery, altuninum oxide, i silicon carbide coated ting muga (abrasive) ting wbeela is and pumicite abrasives A. polishing ing stones, artificial paper sato*& artificial u carbide abrasives M scouring: metallic shot abrasives wool u sten carbide abrasives da abrasive: except dental da, diamond abrasive da, grinding: artificial atones, artificial asbt. i textiles, asbes- materials for covering or chiefly of asbestos. ibestos paper are classi- i and packing are classi- tresses asbestos board aebestae and boiler covering, except felt covering (insulation), lemitated bestas paper r. pressure: asbestos cement ting, sebeews felt roll e. asbestos st, asbestos cement: flat or corru- aed ogles, asbestos cement ng. asbestos cement Is pads and padding, asbestos a. asbestos tiles, asbestos: except packing ead.asbestos c, vinyl asbestos ring. sbeetoe :k. asbestos ra. asbestos I and primarily engaged aring clay, ceramic, and letallic minerals, except MANUFACTURING 171 radv.ir, Group Induo" No. Na 329 ABRASIVE, ASBESTOS, AND MISCELLANEOUS NONMETALLIC MINERAL PRODUCTS—Con. 3295 Minerals and Earths, Ground or Otherwise Treated—Con. fuels. These minerals are the crude products mined by establishments of In- dustry Groups 145 and 149, and by those of Industry 1479 mining barite. Also included are establishments primarily crushing slag and preparing roofing granules. The beneficiation or preparation of other minerals and metallic ores, and the cleaning and grading of coal, are classified in Division B, Mining, whether or not the operation is associated with a mine. Barite ground or otherwise treated Magnesite crude ground, nlciaad. or Barium, ground or otherwise treated r • dead burned Blast Furnace slag Min, ground or otherwise treated Clay for petroleum refining, chemically Partite aggregate processed Perlite, expanded Clay, ground or otherwise treated Plumbago: ground, refined, or blended Desiccants, activated: clay Pulverised earth Diatonisceous earth, ground or other Pumice ground or otherwise treated wise treated Pyrophyllite, ground or otherwise treat Feldspar, ground or otherwise treated ad Filtering clays, treated purchased me- Roofing granules terials Shale, expanded Flint, ground or otherwise treated Silicon ultra high purity: treated pus Foundry facings. ground or otherwise chased materials treated Slag, crushed or ground Puller's earth. ground or otherwise Spar. ground or otherwise treated treated Steatite, ground or otherwise treated Graphite, natural: ground, pulverized. Talo, ground or otherwise Crested rafted, or blended Vermiculite, exfoliated Kaolin. ground or otherwise treated Lead, black (natural graphite): ground. refined, or blended 3296 Mineral Wool Establishments primarily engaged in manufacturing mineral wool and min- eral wool insulation products made of such siliceous materials as rock, slag, and glass, or combinations thereof. Establishments primarily engaged in man- ufacturing asbestos insulation products are classified in Industry 3292, and those manufacturing textile glass fibers are classified in Industry 3229. Acoustical board and tile, mineral wool Insulation rock wool. fiberglass. slag, Fiberglass insulation and silica minerals Glas wool Mineral wool roofing mats 3297 Nonclay Refractories Establishments primarily engaged in manufacturing refractories and cruci- bles made of materials other than clay. This industry includes establishments primarily engaged in manufacturing all graphite refractories, whether of carbon bond or ceramic bond. Establishments primarily engaged in manufac- turing clay refractories are classified in Industry 3255. Alumina fused refractories Brick, bauxite Brick. carbon Brick, refractory: chrome, magnesite, silica. and other nonclay Brick. silicon carbide Castable refractories, nonclay Cement, magnesia Cement: high temperature, refractory (nonclay) Crucibles: graphite. magnesite. chrome, silica, or other nonclay materials Dolomite and dolomite -magnesite brick and ahapes Gunning mixes. nonclay High temperature mortar. nonclay Hot top refractories. nonclay Nonclay refractories Plastics refractories, nonclay Pyrolytic graphite Ramming mixes, nonclay Refractories. Tastable: nonclay Refractories graphite: carbon bond or ceramic bond Refractory cement, nonclay Retorts graphite 172 STANDARD iNnUMMAL CLASSMCATlON Industry Group ludus" Major No. No. 329 ABRAS1vE, ASBESTOS, AND MISCELLANEOUS NONMi;TALLIC MINERAL PRODUCTS—Con. 3299 Nonmetallic Mineral Products, Not Elsewhere Classified Establishments Primarily engaged m the factory production of goods made This major grog nonferrous metals f of plaster of Paris and papier-mache, and in manufacturing sand lime prod. facturing castings e ucts and other nonmetallic mineral products, not elsewhere classified. insulated wire and Architectural acnlptaras, plaatar of Mires -primarily engaged i. P•:is' ory production Only Moldings. wchitactural: pl"w of m r,,, wgand . Paris, Papist, Groap 346. Ps—��7 Psoduetiou only Bind asnd lime ornamental and arebitainumi plaster Brackets. woric ag., mantel and columna pla.eer—f oto- piat•maehs or Plaaoar of Paris ' �ti9 G= In production only 4' -up mica only Built-up mics staL+ary. Plaster �' Paris ar Nus=7 Ceramic fiber OWY factory production Papier-mache or Plaster of 331 SM P*— day. Plasteror papier Paris Ec clesiastical statuary: gypsum, day, or9eulacb—pturss� only ry production 3312 Steel impar` or Papier.mach.—actory productiapsum on Floor composition, magnesiteOnlyFlower boaea, Plaster of park factory StatuaTr' iop-M day, Papi—fiche, psoducd- only �ly tion only and metal—factory prod— and s Fountains, Plaster of Par- factory Pre Stucco, duction only iron, Gavel Painting Synthetic stones, for gem stones and w into 1 H, duatrial use images small gypsum day, or papier via, sand lime chant macho—factory productian only Tubing for alastriml parPaeea, quartz m (foundry material? this this 1:: ®Plum or papisrmselu faetary bf-Products built-up and sheet production only esaspl radio p— production nonfe, mica splitting gyp— or P&P— - .dtls production only X p PC REVIEW DATE: 7/2/97 BOS REVIEW DATE: 8/13/97 REZONING APPLICATION #002-97 EASTGATE COMAURCE CENTER To rezone land currently zoned RA (Rural Areas), B2 (Business General), B3 (Industrial Transition), and Ml (Industrial Light) within the Eastgate Commerce Center, to create 51.96 acres of B2 (Business General) zoned land; 21.10 acres of B3 (Industrial Transition) zoned land; and 51.83 acres of M1 (Industrial Light) zoned land. LOCATION: This property is located on the west side of Route 522 South (Front Royal Pike) at the intersection of Route 522 South and Route 642 (Tasker Road) MAGISTERIAL DISTRICT: Shawnee PROPERTY ID 1VUNIBER: 76-A-53 PROPERTY ZO"ING & PRESENT USE: Zoned: RA, Rural Areas District; B-2, Business General District; B-3, Industrial Transition District; and M-1, Light Industrial District Land Use: Manufacturing; and Vacant ADJOINING PROPERTY ZONTNG & PRESENT USE: North: Zoned: RA, Rural Areas Use: Vacant South: Zoned: RA. Rural .areas Use: Residential East: Zoned: RA, Rural Areas Use: Residential; Church; Vacant West: Zoned: R -A, Rural Areas Use: Vacant PROPOSED USE: Industrial and Business Park Eastgate Commerce Center, REZ #002-97 Page 2 June 20, 1997 REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached letter from Robert Childress dated April 9, 1997. Frederick Co. Sanitation Authority: No comment. Public Works: We have no additional comments regarding the rezoning. Fire and Rescue: Recommend approval. Stephens City Fire and Rescue Com any: The Stephens City Volunteer Fire and Rescue Company has no objection, to the rezoning request and accepts the proffers as stated herein. ounty Attorney: Proffers appear to be in proper form. Plannina. & Zoninv: 1) Project History The Board of Supervisors approved Rezoning Application 7006-9 1 for Wrights Run L.P. on August 14, 1991 with proffers. This approved application rezoned 115 acres of a 235 acre parcel from RA, Rural Areas District to create 25 acres of B-2, Business General District, 20 acres of B-3, Industrial Transition District, and 70 acres of M-1, Light Industrial District. An additional five acres was dedicated for the relocation of Route 642. Two subdivisions totaling 30.76 acres were approved by the Board of Supervisors within the M-1, (Light Industrial) District acreage subsequent to the rezoning approval. To date, one of those parcels is currently under development by Jouan, Inc. The relocation of Route 642 (Tasker Road) has been recently completed and is open for public use. The final design of this road required additional dedication by the property owner, totaling 1 1.1 acres. 2) Location The property is located within the Sewer and Water Service Area and is designated as an industrial area on the Frederick County Comprehensive Plan Land Use Map. Eastgate Commerce Center, REZ #002-97 Page 3 June 20, 1997 3) Site Suitability Environmental & Historical: The portion of the 235 acre site that is proposed to be rezoned contains no steep slopes or floodplain areas and some woodlands. No historical features exist on the property. Water & Sewer: Public water and sewer service is currently provided to the Eastgate Commerce Center. Transportation: The Eastgate Commerce Center property is located on the west side of Front Royal Pike (Route 522 ) and Tasker Road. Front Royal Pike has been improved to a four -lane condition, and Tasker Road has been improved as a two-lane major collector road. � ) Potentiai impacts Adjoining Properties: Two adjoining properties whose primary use is residential will be directly impacted by this rezoning application as a result of the proposal to rezone land currently located on the north side of Tasker Road from RA to B-2. The residential properties are si uated along the northern and western property lines of this parcel. Transportation issues: The applicant submitted a transportation impact statement which has been reviewed by staff but not by the Virginia Department of Transportation. The information within this traffic impact statement includes actual traffic counts and turning movements taken on the recently opened Tasker Road at the intersection with Front Royal Pike, peak hour totals, and traffic projections based on trip generations at full development of Eastgate Commerce Center. The traffic impact statement concludes that there will be a 16°'0 increase in traffic utilizing Tasker Road and Front Royal Pike as a result of this rezoning application. This percentage includes an increase of 591 trips per day on Tasker Road and 5,399 trips per day on Front Royal Pike. The letter from Robert B. Childress, of the Virginia Department of Transportation, dated April 9, 1997, describes several transporration issues that may be of concern to Frederi,;,l. County. These potential impacts are d. -scribed as follo�%s: A) Comment #1 recommends that the applicant provide a detailed traffic analysis for this rezoning request. Staff met with Mr. Childress on June 18, 1997 to discuss transportation issues associated with this rezoning application. Mr. Childress had not received a traffic analysis as of that date, therefore, staff provided him with the copy that is in your agenda package. Mr. Childress indicated that VDOT would not be able to complete this analysis prior to the Planning Commission meeting of July ?, 1997. Eastgate Commerce Center, REZ 9002-97 Page 4 June 20, 1997 B) Comment #2 reflects a concern that traffic exiting Eastgate Commerce Center via Sunrise Drive will proceed south on Front Royal Pike and then make a U-turn to travel north on Front Royal Pike. A concern was also expressed during the VDOT meting with staff that the recently improved northbound lane of Front Royal Pike is at a much higher elevation than the southbound lane. This may create a situation where a vehicle turns left when exiting Eastgate Commerce Center. Mr. Childress indicated that VDOT would be willing to allow improvements to the northbound lane of Front Royal Pike to lower the elevation and provide a crossover to align with Sunrise Drive at the cost of others. C) Comment #3 reflects a concern with additional entrances into Eastgate Commerce Center along Front Royal Pike. Staff shares this concern and has asked the applicant to restrict access off of Front Royal Pike to Tasker Road and Sunrise Drive. The applicant has stated that they do not wish to limit access to those two roads. D) Comment #5 reflects a concern that the expansion of the ieft turn lane that provides access from northbound Front Royal Pike to the intersection with Tasker Road may need to occur as a result of this rezoning application. The funding of this improvement would be taken from the County's primary road improvement fund unless it was improved by others. E) Comment #b reflects a concern that additional travel and turn lanes may be required along Tasker Road as a result of this rezoning application. Mr. Childress has indicated that it could be difficult to have Tasker Road widened by individual owners as site plans are reviewed and approved in the future. The funding for additional travel lanes alone Tasker Road would be taken from the County's secondary road improvement fund unless it was improved by others. Emergency Services: The application of the Frederick County Capital Facilities Impact :Model demonstrates a fiscal impact to emergency services. The model run assumed a rezonimi of R.A acreage to create 24 acres of B-2, Business General, 9 acres of B-3, Industrial Transition, and one acre of NI -1, Light Industrial. 5) Impact Statement.'Proffer Statement The applicant has submitted a proffer that accounts for outstanding proffered requirements from the 1991 rezoning approval, as well as new proffered conditions. The applicant has proffered to offset the fiscal impacts to emergency services through hyo financial contributions that are consistent with the previous rezoning approval and the results of the Frederick County Capital Facilities impact Jlodel. The applicant has prof «red transportation Improvements Including the Eastgate Commerce Center, REZ 9002-97 Page 5 June 20, 1997 installation of traffic signalization at the intersection of Front Royal Pike and Tasker Road, and the provision of right turn Ianes at Sunrise Drive. The applicant has also proffered to provide a 30 foot wide road efficiency buffer along the north and south sides of Tasker Drive. The County Attorney has stated that the proffers appear to be in appropriate form; however, it has also been recommended that minor editorial revisions occur to this statement prior to Board action to ensure that the undersigned is the responsible party for future proffered improvements and that monetary proffers are received at the time of lot transfer or first grading in lieu of building permit application. STAFF RECOMMENDATION FOR 07/02/97 PLANNING CONUMSSTON MEETLNG: The proposed rezoning application is consistent with development policies set forth in the Comprehensive Plan and the applicant has mitigated some of the potential impacts through the proffer statement. Several concerns raised by VDOT should be addressed following their analysis of the applicant's traffic impact statement. This analysis may also result in the need for additional transportation improvements; therefore, it may be prudent to ensure that the transportation issues are resolved prior to the approval of this rezoning application. Cly Jl.%'i0i ri 1LT A. of 111,' .,7Rl�r.. DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 140:3 t OLD VALLEY PIKE COMMl$$I0t4Ei P 0 BOX 278 EDINBURG. VA 22824.0278 April 9, 1997 Mr. Stephen M. Gyurisin C/O G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Steve: JERRY A. COPP M.3;LE.'.: L,:Gi%EE:1 f AR .,Aid 7di Ref: Eastgate Commerce Center Route 522 South./642 Frederick County As requested, we have reviewed your revised zoning and master development plan for the referenced project. We realize approved proffers are in place, based on current zoning, to address impacts on existing VDOT facilities. However, since the original rezoning our Route 5L? prcjeCt hc:2- bean comrlete-' and tl = Rauf= 642 ^^cion is n=•jr; -• i.-_ a 1 you have in"� tea. the '�o npieticn of .hese t;r:J,e'.ts nes �ac�$$it;tC . t:,e rere, g;, ct ;cu, internal road -,way net-.vork and need for different zoning. We therefore offer the foilc,r✓ na comments: 1) As indicated in your March 13, 1997 letter, you intend to prepare a revised impact statement along with this rezoning request. This statement should include a complete traffic impact analysis to determine new project impacts or. the current-cad+vay sys:­.n. The anal.,"SEs result-- coulcii addre'ssians*�ver some Of our additional comments 2) If permitted, the proposed Sunrise Drive connection to Route 522 will need to meet cur minimum siaht distance requirements. At the location proposed c median crosso:'er rices not exist between the north and south bound lanes. The current grade diaerentiai between the lanes does not appear conducive to construct a crossover. Therefore, we see the potential for a real problem to result for exiting north bound traffic, escec'^av true: traffic �I`h _lea avast l }�r.•,rp to tr�te� south bound for a short distance in Omer to U-turn at the next crossover to begin north bound flow. This could lead to serious safety hazards `or the development's traffic and north & south bound motorists. It appears from, our files ,he earlier re::=mg plar's and analysis fcr tl:is pro'_''' assume 'r a C- 3) _. 3) Based on the proposed B-2 zcnina for the parcels along Route 522 it appears a `2 :ergth right turn lane along the proposed frontage will be necessart. Considering the possible varied uses, primary access 'o these parcels may want to be made from Tasker Drive or Sunrise Drive. 4) As originally proffered, two traffic signals were to be provided - one at the Route 522'/Route 6421 intersection and another at the access roadway connection with Route 642. The pre,.7ously mentioned traffic impact analysis should address necessari, signalization. However, at the very least, we feel safe to say based on this preliminar; imor--mation the Route 522 intersection `.gill need to be controlled. Mr. ,;teocen M. G3 nzin Ref gaze Cornrnerce Center April 9. 1997 5) The existing Route 522 north bound left turn lane onto .vest bound Route 642 may need to be expanded. 6) The recently constructed Route 642 as you are aware, was constructed with a 24' wide paved surface with the ability to expand by two additional 12' lanes on either side of the existing pavement. These additional lanes may be necessary as a result of your development. However, in addition, right and left turn lanes along Route 642 may need to be considered which might necessitate the need for additional right -of -sway. 7) Any entrances constructed into the property whether from Route 522, 642 or interna; streets will need to meet minimum sight distance requirements. Additionally any work performed on the State's right-of-way must be in accordance with our land use permit policies. In summary, we have no overall objections to the rezoning or subsequent development of this property. However, in consideration of the aforer:enticnedcc.a, ents;'conce:.s, wfeel traffic irnp :ct analysis shculd be completed in order tc deter. -nine specific irnpacts prior tc proceeding furtherwith the project. We appreciate the opportunity to comment on this significant project and ask ycu give us a call if there are any questions or you would like tc discuss our comments in more detail.. Attach. xc: Mr. J. B. Diamond, Attn L. (ac-zon, Attn: Ml - Mr. B. i. S eitzer Mr. K: -is Tierney S:ncerely, Robert B. Childress Trans. Permits & Subdivision Specialist Super-risor Mr. K. B. Dc,,vn s Mr. G. C. Tucic: REZONING #002-97 PIN: 76—A-53 Eastgate Commerce Center REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. REZoNIN& Zoning Amendment Number 00,x-- q 7 Date Received BOS Hearing Date L/177 PC Hearing Date 7 -9 7. 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, 23 Court c ;dare, Winchester. 1. Applicant: Name: G.W. Clifford & Associates Telephone: 54.0-667 -2139 Address: 200 N. Cameron Street Winchester Virginia 22601 2. Property Owner (if different than above) Name: Wrights Run L.P. Telephone: 703-820-2500 Address: 2800 Shirhngton Road. Suite 803 Arlington. Virginia 22206 3. Contact person if other than above Name: Stephen '\/l. Gvurisin Telephone: 540-667-7130 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analvsis Statement X Verifving taxes paid X Proffer Statement X S. The Code of V' ' ' 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: Allan Huson Richard Peterson Frank Maranto - Cindy Miller Sidnev Lesowitz 6. Current Use of the Property: Eastgate Commerce Centre Proposed Use of the Property: same 7. Adjoining Property: PARCEL I ) LAMER USE ZG ` L 76 -A -48A & 51KVacant (AG) RA 76 -A -51B & 52 Resident RA 76-A-57, 57A, 56, 55, A 54. 60B Resident R 87 -a-1, 87(4)-Q IQ• i1 _ Resident 76-A-aZ Vacant (AG) RA 76-A--17 Vacant (AG RA S. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route number): to Commerce Centre is located at the intersection of U.S Route ��2 50uth (Front Roval Pike) and Va. Route 642 (Tasker Dri% ADJOINING PROPERTY This is to certify that the attached correspondence was mailed to the following /Z ZL 7 on from the Department of Planning and Development, derick County, Virginia; 76 - A• • 52- 76 . A. - 53- HOUGH, EARL E. EST. & ANNA S. WRIGHTS RUN L.P. CIO ANNA S. HOUGH PAINTER 2800 SHIRLINGTON RD #803 2776 FRONT ROYAL PIKE ARLINGTON, VA 22206 WINCHESTER, VA 22601 75 - A. • 47- 76 • A. - 55• HEFLIN, WILLIAM J. & LORETTA LADO, BETH C!0 BETH SIMPKINS 113 TADPOLE LANE 4479 CONICVILLE RD WHITE POST, VA. 22663 MT JACKSON, VA Y2842 76 • A- - 48-A 76 - A• - 57-A JENI COMPANY COMER, ORVILLE LEE P 0 BOX 2598 2903 FRONT ROYAL PIKE WINCHES TIER, VA 22604 WINCHESTER, VA. 12502 76 - A= - 60-A 76 -A- - 51.8 RITTER, RICHARD E SR FLETCHER, DOUGLAS R. 301 VINE LANE 141 GEMSTONE LANE WINCHESTER, VA. 22602 WINCHESTER, VA 12502 6 A.. 5 : C 75 - A.. 60.8 STROSPJIDER, CLIF?0"1 R. K�'!G, ELIZABETH A'RITTER 2805 FRONT ROY,;L PIKE 173 ARMEL RO WINCHESTER, VA 22602 WINCHESTER, VA. 22602 �aNf�Hueo �� Gilbert lV. Clifford R Assoc. Attn: Steve Gvurisin 200 N. Cameron Street 1��'inehester. `-A 1 01 Evan A. W4'vatt, Deputy Director Frederick Co. Planning Dept. TATE OF VT RGRGUN A COUNTY OF FREDI RdCK I,, � pr` 0 r a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Deputy Director, for the Depar,ment of Planning and Development. whose name is signed to the foregoing, dated ►�F" `� I�q 1 has personaliv appeared before me and acknowledged the same in my State and C;;,my aroresaid. Given under m% hand thisAl�i—day of � iV1y commission expires on j� L.t�, U �� ARY PUBLIC 87 • A- - 1. SCHEULEN. EDWIN EDWARD & ETALS CIO TERRY SCHEULEN P 0 BOX 351 STEPHENS CITY, VA 22655 87 - A- - 16.8 GIBSON. MONTIE W 155 CASTLEBRIDGE COURT WINCHESTER, VA 22602 87 -A- - 31- LESKO, HELEN RILEY 2981 FRONT ROYAL PIKE WINCHESTER, VA. 12602 -7 G-11- 54 - Timber Ridge Ridge Ministries, Inc. P.O. Box 3438 Stephens City, VA 22655 97-4-? Francis & Fleancr Bascue 319 Wrights Run Lane White Post, VA 22663 !??- Zr'-10 Vincent Fertig 325 Wrights Run Lane White Post, VA 22663 8'7`r -I! William &- Joyce Tucker 353 Wrights Run Lane White Post, VA 22663 ADJOINING PROPERTY OWNERS Page 2 r 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 or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel IdentificationlLocation: Parcel Identification #: 76-((A)) - 53 Magisterial District: Shawnee High School: Sherando Fire Service: Stej2her<ijy Middle School: mer J.W. M'arn-c Rescue Service: _ Stephemcity Elementary School: ±jbb tjouver Aa mc, - 10. Zoning Change: reauested. List the acreage included in each new zoning category being ZOND G E)GSTING PROPOSED :.iti.A C - _.� ` CE RA 112?0 Acres 79.00 Acres -33.20 Acres B-2 25.00 Acres 51.96 Acres +26.96 Acres B-3 23.86 Acres 21.10 Acres -2.76 Acres M-1 74.59 Acres 51.83 Acres -22.86 Acres Subtotal 235.75 Acres 203.89 Acres -31.86 Acres Dedicated Right -of -Way and Area Owned by Others + 31.86 Acres [Grand Total 235.75 Acres 235.75 Acres 11. The following information should be provided according to Li1C LVI)c V1 rezoning proposed: Number of Units Proposed N/A Single Familv Homes Non -Residential Lots Office: Retail: Restaurant: Other: Townhomes: Multi -Family: iMobile Home: Hotel Rooms: S.uZre Footage of Proposed Uses N/A Service Station: Manufacturing: Warehouse: i2. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change thg map of FceLrick County, VirVMa. I (we) authorize Frederick County oPfici seto enter the Fropeny for site inspection purposes. I (we) understand that the sign issued when this the front property line at least seven days apPIication is submitted must be placed at and the Board of Supervisors' public hearing and maintainedo the sooas�to�beovis31e1 frotm � road right-of-way until the hearing. the I (we) hereby certify that this application and its accom an, . accurate to the best of my (our) knowledge. p mg materials are true and F � s Dare: IZ-2r Lq7 +' Date: 9��*';Z4 =nL 14 REZONING REQUEST PROFFER Property Identification Number 76-((A))-53 Shawnee Magisterial District EASTGATE COMMERCE CENTER WRIGHTS RUN, LP Ereliniinp-lzrMa Pursuant to Section 15.1 - 491.1 et. seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #002-97 for the rezoning of approximately 235-75 acres from the present RA - 112.20 acres, B-2 -25.00 acres, B-3 - 23.86 arses and M-1 - 74.69 acres to RA - 79.00 acres, B-2 - 51.96 acres, B-3 - 21.10 acres and M-1 - 51.38 zoning now consisting of 203.89 acres (see attached zoning map; sheet 1 of 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 Col:nty Boas of Supervisors in accordance with V�sgi;,ia 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 successors or assigns. ReQuest o Amend 0 ginal Proffers The undersigned requests to ame.^,d the outstanding proffers of r,ugust 1,, 1991 adopted for the rezoning approved by the Frederick County Boa:-' of Supervisors for the Eastgate Commerce Center. Voluntarily proffered are the following arnended proffers for the Eastgate Corzmerce Center: I. Access to Eastgate Commerce Center will be provide via five roads that create three intersections with Tasker Road. These roads are shown on the attached Master Development Plan and labeled as Fastgate Drive, Rams Head Road, Armel Circle, Bearcat Circle and Wrights Run Road. In addition to Tasker Road intersecting with US Route 5?21 a second intersecting, road is planned known as Su_-Lrise Drive. ~ �.l si.�"5 IIl the E36tgate Co.: merce Center 6v;11 be CO^5t; 1C:2—� ' C� VDOT standards. Right turn lanes at Sunrise Drive if required b`,- VDOT will be built to VDOT standards. 3. The undersigned will pay to Frederick County, at the time a building permit is applied for, the sum of five thousand dollars (S5,000.00) for Fire and Rescue Emergency Services costs. RFZONLNG REQUEST PROFFER Property Identification Number 76-((A))-53 Shawnee Magisterial District EASTGATE COMMERCE CENTER WRIGHTS RUN, LP PAGE 2 WTOV Mir- 11• ..04 • -• The development of the subject property will provide for a street layout connecting with the relocated VA State Route 642, known as Tasker Drive and US Route 522 known as Front Royal Pike as shown on the -'attached Master Development Plan, Sheet 2 of 2 - Master Development Plan for Eastgate Commerce Center, dated January 27, 1997. Voluntarily proffered is the attached Master Development Plan and as shown on the Master Development Plan for Eastgate Commerce Center the following improvements: 1. A traffic signal at the intersection of Tasker Drive and Front Royal Pike (US Route 522) will be provided by the owners within nine months of notification by VDOT. 2. A 30 foot wide road efficiency buffer along both sides of Tasker Drive will be provided. Monetary Contdhtition to Qffsetlml2actfDevelopment The undersigned, who owns the above described property, here' v voluntarily proffers that if the Board of Supervisors for the County of Frederick-, Virginia approves the rezoning for the 203.89 acre tract, lying on the west side of of US Route 522 south along Tasker Road in the Shawnee 1Vlagisterial District of Frederick- County, Virginia from. exisdng lZA, B-2, B-3 and .1vt-1 to R_ -k, B-?, B-3 and %[-: zonin,, district, the undersigned will pay to Frederick County, at the time a buildln pe:mit is applied for, the sum of six thousand one hundred sixty-six dollars and twenty- three cents (56,166 23) for Fire and Rescue Emergency Services costs REZONING REQUEST pROFFER Property Identification Number 76-((A))-53 Opequon Magisterial District EASTGATE COMMERCE CENTER PAGE 3 WRIGHTS RUN, Lp 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 OWWERS: By. Date: STATE OF VIRGINIA, AT LARGE C i Y OF W11\7C-ASTER, To -wit: The fore;oing instrument was acknowled-ed before me this day of 1997, by qty Commission expires Notary Public REZONING REQUEST PROFFER Property Identification Number 76-((A))-53 Shawnee Magisterial District EASTGATE COMMERCE CENTER WRIGHTS RUN, LP PreliminarMMatters Pursuant to Section 15.1 - 49.1 et. seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #002-97 for the rezoning of approximately 235.75 acres from the present RA - 112.20 acres, B-2 - 25.00 acres, B-3 - 23.86 acres and M-1 - 74.69 acres to RA - 79.00 acres, B-2 - 51.96 acres, b-3 - 21.10 acres and M-1 - 51.38 zoning now consisting of 203.89 acres (see attached zoning map, sheet 1 of 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 (the undersigned) and their legal successors or assigns. R nest to Amend Original Proffers The undersigned request to amend the outstanding proffers of August 14, 1991 adopted for the rezoning approved by the Frederick County Board of Supervisors for the Eastgate Commerce Center. Voluntarily proffered are the following amended proffers for the Eastgate Commerce Center: 1. Street intersection connections to Tasker Road will be limited to five streets that create three intersections with Taster Road. These streets are shown on the attached Master Development Plan and labeled as Eastgate Drive, Rams Head Road, Armel Circle, Bearcat Circle and Wrights Run Road. 2. All streets in the Eastgate Commerce Center will be constructed to VDOT standards. Right turn lane entering Sunrise Drive from southbound Front Royal Pike (US Route 522) and road improvements required to exit onto southbound Front Royal Pike at Sunrise Drive, if required by VDOT, will be built by the undersigned to VDOT standards. 3. The undersigned will pay to Frederick County, at the time of the next lot transfer or issuance of the next grading permit, the sum of five thousand dollars ($5,000.00) for Fire and Rescue Emergency Services costs. REZONING REQUEST PROFFER EASTGATE COMMERCE CENTER PAGE 2 General Development Plan The development of the subject property will provide for a street layout connecting with the relocated VA State Route 642, known as Tasker Road and US Route 522 known as Front Royal Pike as shown on the attached Master Development Plan, Sheet 2 of 2 - Master Development Plan for Eastgate Commerce Center, dated January 27, 1997. Voluntarily proffered is the attached Master Development Plan and as shown on the Master Development Plan for Eastgate Commerce Center the following improvements: 1. A thirty foot (30') wide road efficiency buffer along both sides of Tasker Road landscaped with a double row of evergreen plants four feet (4) minimum in height will be installed by the undersigned. The road efficiency buffer may be used for right-of- way expansion of Tasker Road. 2. A traffic signal at the intersection of Tasker Road and Front Royal Pike (US Route 522) and the exansion of the left turn lane from northbound Front Royal Pike (US Route 522) west onto Tasker Road will be constructed by the undersigned within nine (9) months of an official notification by VDOT. 3. Additional right-of-way for the construction of turn lanes and/or travel lanes along Tasker Road will be provided by the undersigned to VDOTat subdivision stage. 4. A traffic impact study will be conducted using VDOT procedures for each site development use proposed within the Eastgate Commerce Center at the time of site plan review. Improvements to Tasker Road will be constructed by the undersigned as required by VDOT regulations for the predicted traffic impacts based upon the specific proposed use. Notification of the existence of this proffer shall be provided to each lot purchaser prior to or at the time of each lot sale. Monetary Contribution to Offset Impact of Development 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 of 85.78 acres of the 203.89 acre tract, lying on the west side of US Route 522 south along Tasker Road in the Shawnee Magisterial District of Frederick County, Virginia from existing RA, B-2, B-3 and M-1 to RA, B-2, B-3 and M-1 zoning district, the undersigned will pay to Frederick County, at the time of time of the next lot transfer or issuance of the next grading permit, the sum of six thousand one hundred sixty-six dollars and twenty-three cents ($6,166.23) for Fire and Rescue Emergency Services costs. 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. REZONING REQUEST PROFFER Property Identification Number 76-((A))-53 Shawnee Magisterial District EASTGATE COMMERCE CENTER WRIGHTS RUN, LP PAGE 3 Respectfiiily submitted, PROPERTY OWNERS: STATE OF VIRGINIA, AT LARGE GP CITY OF WINCHESTER, To -wit: eA The =eging instrument was acknowledged before me this 97 day of 1997, by c� l��/ My Commission expires 9lljdl 17 Notary Public FREDERICK COUNTY, VIRGINIA IMPACT ANALYSIS STATEMENT AND REZONING APPLICATION MATERIALS FOR REZONING REVIEW AND APPROVAL OF THE Wrights Run Limited Partnership, LP PROPERTY Opequon Magisterial District March, 1997 EASTGATE COMMERCE CENTER gilbert w. clif ford & associates, inc. 200 North Cameron Street • Gliz.�hc�:`��r, Virgizzia 22601 Phone: 540-60— -2139 • Fax: 540-(1)-(»-t)! a ; • g-'ocli Cz nzrzsinc.com 150C Olde Greenwich Drive e Fredericksburg, Virginia 22401 Phone: 540-89S-2115 • Fax:540-898-2115 0 clifford@lbtgred.com Eastgate Commerce Center Eastgate Commerce Center Table of Contents Summary Project Background Introduction Location and Access Zoning and Land use Site Suitability Development Plan Impact Analysis Introduction Planning Analysis • Site Suitability/Soils Traffic Sewage Water Drainage Solid Waste Historic Sites Communitv facilities • Education • Emergency Services • Parks and Recreation Environment Fiscal Impact/Proffer Fiscal Impact Impact Model Report Appendix Impact Analysis Statement Summary Eastgate Commerce Center Impact Analysis Statement SUMMARY The following Impact Analysis Statement has been prepared for the property known as Eastgate Commerce Center. The property consists of 235.75 acres, of which, 31.86 acres have been sold or dedicated for road right-of-way. The total remaining acreage for this property is 203.89 acres and consists of four types of zoning. The property is currently zoned Rural Area (RA), 12.20 acres: Business General (B-2), 25.00 acres: Industrial Transition (B-3), 23.86 acres; and, Light Industrial (M-1), 74.69 acres. The requested change of zoning comes as a result of the final design and construction of relocated VA Route 642 now known as Tasker Drive; and, the completion of US Route 522 South known as the Front Royal Pike. The location of these right-of-ways and crossovers changed since the initial design of Eastgate was proposed and zoned. The area to be rezoned consists of 31.86 acres The Impact Analysis Statement for Eastgate Commerce Center is prepared as required by the Frederick County Board of Supervisors for rezoning approval of the property. A positive fiscal impact is projected. There are no residential units proposed as part of this rezoning. The property is planned as a business and industrial park with a :nix of B-2, B-3 and M-1 zoning to accommodate a variety of uses. No specific uses are proposed at this time. However, Jouan, Inc. is currently under construction. The development is divided by relocated VA Route 642 (Tasker Drive) that traverses the site it's entire length connecting with US Route 522. This primary access route is to be controlled by a traffic signal located at the intersection of US Route 522 and VA Route 642. A network of cul-de-sac roads and interparcel connecting roads are proposed to provide access via VA Route 642. US Route 522 and VA Route 642 are constructed to the latest VDOT standards as will all proposed improvements planned for the Eastgate project. Eastgate Commerce Center is located outside the Urban Development Area (L;DA) and within the Sewer and Water Service Area (SWSA). Community and county- wide planning and planning policies recognize this area as suitable for development. The property is zoned and currently the site of Jouan, Inc. Eastgate Commerce Center Impact Analysis Statement Analysis of environmental and physical characteristics of this property to be rezoned indicate that there is opportunity for development as envisioned. There are no known environmental features that limit development of the property. Assuming full development of the 203.89 acres rezoned to B-2, B-3 and M-1, and assuming an average development factor of 5,000 to 15,000 square feet per acre, approximately 2,038,900 square feet of office/commercial/industrial space may be developed using an average of 10,000 square feet per acre. For example, the Jouan, Inc. facility currently under construction has approximately 5,100 square feet per acre. Revenues in the form of real property taxes, the local share of retail sales taxes, personal property taxes and business license fees are accounted for in the Development Impact Model provided by the Frederick County Planning Office. Impacts to fire and rescue capital costs are projected at $6,166.23 and mitigated with a like payment. Public ;nater and sewer are available to the property. Currently a 12" water lire serves the property. Sewer service is available via a 6" force main and an on site sewage pump station. Natural gas and electrical service are available to the property. The rezoning and master development plan fit within the guidelines of present planning policy for this currently zoned and developing commerce center. In summary: • The property is within the Sewer and Water Service Area (SWSA) shown in the Comprehensive Plan. • The property has all service utilities including sewer and water. • The property is zoned and designated for development. • The property is located on an important transportation corridor, US Route 522. • There are no environmental or historic impacts. • There are positive fiscal impacts. • Major transportation improvements are proposed as part of the development plan. • Landscaped greenways are proposed. Project Background Eastgate Commerce Center PROJECT BACKGROUND Introduction Impact Analysis Statement Eastgate Commerce Center consists of 235+/- acres. Since it's inception US Route 522 was reconstructed from two lanes to four lanes and VA Route 642 has been designed and relocated. This rezoning is in response primarily to the major road improvements completed. Since the initial rezoning for Eastgate, 31.86 acres have been sold or dedicated for right-of-ways. 20.86 acres have been sold to Jouan, Inc and 11.01 acres have been given for right-of-ways. Of the remaining 203 +/- acres, 31+/- acres are evaluated herein for B-2, B-3 and M-1 zoning. Eastgate Commerce Center is located at the northwest corner of the intersection of US Route 522 South and VA Route 642. The parcel is identified as tax parcel 76-((A))-53, 53A -D in the Opequon Magisterial District and is currently zoned Rural Areas (RA), Business General (B-2), Industrial Transition (B-3) and Industrial (M-1). Additional areas of B-2 and revised areas of B-3 and M-1 are planned for the property and summarized below: ZONING CATEGORY RA B-2 B-3 M-1 ACTUAL EXISTING 112.20 acres 25.00 acres 23.86 acres 74.69 acres PROPOSED CHANGE 97.18 acres 33.78 acres 21.10 acres 51.83 acres The change of zoning reduces the RA zoning by 15.02 acres. It increases the B-2 zoning category by 8.78 acres and reduces the B-3 and M-1 zoning categories by 2.76 acres and 22.86 acres respectively. The total areas changed The property is located in the Sewer and Water Service Area designated in the adopted Frederick County Comprehensive Plan. The property is currently zoned and is the site of one major industry. A master site development plan and site evaluation indicates that this site can support business and industrial uses. Eastgate Commerce Center Location and Access Impact Analysis Statement Eastgate Commerce Center is located in the Opequon Magisterial District of Frederick County. The Center has frontage on US Route 522 and VA Route 642. See the attached location map. The 31 acres to be zoned B-2, B-3 and M-1 is located throughout the property made in adjustment with the relocated VA Route 642 and US Route 522 construction project. Site Suitability The property to be rezoned has no site specific development limiting factors. The property to be rezoned appears well suited for all categories of zoning proposed and development based on site evaluation of soils, slopes, wetlands, ponds and lakes, flood plains and other site suitability and environmental factors. Development impacts are slight on adjacent properties. The primary impact concern on adjoining properties is the change of use from open, rural land to an business/industrial setting. The impacts of the allowed and industrial uses on the surrounding uses is reduced through distance setbacks, buffers, landscaping and screening regulations. The adjoining property is primarily vacant, agricultural with residences along US Route 522. DEVELOPMENT PLAN The Eastgate Commerce Center development proposes a new commercial and industrial center in the southeastern part of Frederick County. US Route 522 is an important corridor connecting with US Route 50/17 and I-81 in Frederick County Additionally, newly relocated VA Route 642 that traverses the site is an important east -west connector linking I-81 and US Route 522. Eastgate Commerce Center is proposed as an industrial, commercial and office center. This industrial, commercial and office center is designed to provide near term industrial sites along this important corridor while providing for future commercial growth in the same planned setting. The site is bisected by a major road that connects to US Route 522. The road replaces the old Macedonia Church Road and provides for a east -west connecting link with the Urban Development Aran to the west. Two cul -Mie -sac roads are planned intersecting with Tasker .\:' � a� � �' °•�• oda �'�•�=e�'Y '_ -/ \� k t -Ch ,• �2 rMacedon `. .' o ° S � � "�` "- east k � , '--•__ _ - \• N. • . '.; '' + 1713.- Va.�Q �, ,. <� :� . i �.^ •� ` r% , - Jas 63608 j lie 4• t'i , \ , ! ; "/ .j � ^ �. /ms _ i�1' Jd- `\, �� _( `� ; �{ / � Vim. •� ) � •R n �\ �•���`' O`�.li jw .;t'. .._ � p• .s � a1 qci.:/ 9 � •� . _ )a �\ �S�(J;�--��� T� 1' �l-Sv�j'. (` • . i/ Iibd-c, `\�... •tet ♦ •, �\ :, -` ; , \ j\ � _ 'r/.I. !�. t � ( )- ��/~ :ice \a C^}•/ J (720 v o Or � ;� 4-' v7 k 11'011gate 00' f //�.� � ~ICY^ !l c. •9M`` it ' �� _��_ _ + `,_.''�\ �� / flet i `�.� '•� l / � , _ EASTGATE Location Map COMMERCE + CENTER gilberr w. clifford S associares, ine. Eastgate Commerce Center Impact Analysis Statement Drive to provide access to portions of the site not suitable for interparcel connections. A parallel road connects with US Route 522 serving the southeastern portion of the site providing a secondary access. These roads create different development sections which are defined by and follow the natural form and flow of the land connecting with relocated VA Route 642. A Master Development Plan is attached illustrating the major design features proposed for the Eastgate Commerce Center. IMPACT ANALYSIS Gilbert W. Clifford & Associates, Inc. is commissioned to evaluate the rezoning of the Wrights Run, LP property project known as "Eastgate Commerce Center" in light of several major planning issues, as outlined and required by the Frederick County Board of Supervisors. This document is prepared to rezone a acre tract within a 203+/- acre property from present Rural Areas (RA) to Business Cene.al (B-2), Industrial Transition (3-3) and industrial (l�I-1). The property is well suited for B-2, B-3 and M-1 zoning considering all factors required for analysis of a site. There is a positive fiscal impact. Introduction The 203 1/- acre property, of which 31+/- acres are evaluated herein for B-2, B-3 and M-1 zoning, is identified as tax parcel 53-((A))-68 in the Opequon Magisterial District and is currently zoned RA, B-2, B-3 and M-1. Business General (B-2) zoning is the primary zone that accounts for the revisions planned for the property. The property is located in the Sewer and Water Service Areas designated in the adopted Frederick County Comprehensive Plan. The property is located on a major transportation corridor, US Route 522 South. A preliminary site development master plan and site evaluation indicates that this site can support business and associated uses of the B-2, B-3 and M-1 zones. Planning Analysis Site Suitability - The property to be rezoned has no site specific development limiting factors. The property appears well suited for B-2, B-3 and M-1 zoning uses and development based on site evaluation of soils, slopes, wetlands, ponds and lakes, flood plains and other site suitability and environmental factors. Eastgate Commerce Center Impact Analysis Statement Soils - The soils are suitable for site development purposes. The USDA Soil Conservation Soil Survey for Frederick County identifies the soils of the property on map sheet 48 as Weikert Berks channery silt loan -is and Clearbrook channery loams. Prime Agricultural Soils.- The property does not contain prime agricultural soils as identified by the Frederick County Comprehensive Plan. Slopes - There are few identified steep slopes on this property and no steep slopes on the area to be rezoned. The topography is ideally suited for business/ industrial type development. Slopes generally range from 2% to 7% on the areas to be rezoned as part of this application for zoning revisions. Wetlands - There are no wetlands on this property to be rezoned. The property is generally well drained and has no low lying wet areas or wetland vegetation that indicates the presence of a wetland area. Ponds and Lakes - There are no ponds or lakes on the property that impact planned development or impact the areas considered for rezoning. Flood Plain - The property is not located within the 100 year HUD designated flood plain as identified in the Frederick County Comprehensive Plan and panel map number 510063- 00115B of the United States Department of Housing and Urban Development Flood Boundary map. Adjoining Properties - Development impacts are slight on adjacent properties. The primary impact concern on adjoining properties is the change of use from open, rural land to an business and industrial setting. The impacts of the allowed business uses on the surrounding uses is reduced through existing zoning, master planning, distance, setback, buffer, landscaping and screening regulations. Traffic Impacts Recent traffic counts and traffic study analysis are contained herein for the relocated VA Route 642 and recently reconstructed US Route 522. The traffic volume impact resulting from the proposed rezoning is estimated. The proposed development and full development of the land would result in an increase of 591 trips on Route 642 and 5,399 trips on Route 522. This is a 16 percent increase over traffic that would have occurred if the land was developed under the existing zoning arrangement. This increase in traffic is due primarily to the increase of the B-2 zoned area from 25 acres to approximately 52 acres. Trip generation counts and evaluations follow: TRUCKS+CARS Traffic From West Traffic From South on US on VA Rte 642 on US Rte 522 Left Right Total Left Thru Total Time Period Time Period 47 7:00 - 7:15 5 19 24 15 46 61 7:15 - 7:30 3 23 26 9 53 62 7:30 - 7:45 9 22 31 12 71 83 7:45 - 8:00 8 15 23 10 61 71 8:00 - 8:15 10 10 20 3 67 70 8:15 - 8:30 2 9 11 2 52 54 8:30 - 8:45 4 12 16 1 41 42 8:45 - 9:00 6 7 13 4 76 80 9:00 - 9:15 5 10 15 6 51 57 9:15 - 9:30 5 7 12 5 61 66 9:30 - 9:45 7 2 1 9 4 58 62 9:45 - 10:00 4 48 102 3 41 44 10:00 - 10:15 6 11 17 6 59 65 10:15 - 10:30 2 3 5 6 36 42 10:30 - 10:45 2 6 8 8 72 80 10:45 - 11:00 3 5 8 2 47 749- 11:00 - 11:15 4 3 7 6 49 55 11:15 - 11:30 3 1 4 4 53 57 11:30 - 11:45 2M47 13:00 - 13:15 9 34 43 11:45 - 12:00 5 46 4 8 58 —E-6- 12:00 - 12:4, 5 7 68 122 12 46 58 12:15 - 12:30 _357 14:00 - 14:15 74 2 61 12:30 - 12:45 0 59 8 55 63 12:45 - 13:00 1 71 2 3813:00 52 - 13:15 2 15:00 5 61 78 13:15 - 13:30 3 72 12 49 61 13:30 - 13:45 3 3 6 1 60 61 13:45 - 14:00 6 4 10 4 40 44 14:00 - 14:15 5 4 9 7L66 184 63 14:15 - 14:30 4 8 12 9 17:00 70 14:30 - 14:45 5 4 9 7 10 69 14:45 - 15:00 5 4 9 3 338 61 15:00 - 15:15 5 4 9 4 18:00 70 15:15 15:30 2 5 7 8 52 60 15:30 - 15:45 4 1 5 7 49 56 15:45 - 16:00 7 8 15 14 57 71 16:00 - 16:15 14 4 18 17 46 63 16:15 - 16:30 4 6 10 7 52 59 16:30 - 16.45 7 8 15 14 58 72 16:45 - 17:00 5 5 10 10 45 55 17:00 17:15 1 15 16 28 136 164 17:15 1730 5 17 22 51 151 20" 17:30 17:45 9 39 48 60 132 192 17:45 - 18:00 2 38 40 57 172 229 f 9 h j k 1 204 394 598 474 2750 3224 gilbert w. clifford and associates Revision 1.0 - 1 .lane 1997 Traffic From North on US Rte 522 Thru Right Total Total Time Period 47 9 56 141 7:00 - 7:15 59 3 62 150 7:15 - 7:30 54 12 66 180 7:30 - 7:45 52 7 59 153 7:45 - 8:00 44 7 51 141 8:00 - 8:15 38 0 38 103 8:15 - 8:30 29 1 2 31 89 8:30 - 8:45 40 2 1 42 135 8:45 - 9:00 45 10 55 127 9:00 - 9:15 32 2 34 112 9:15 - 9:30 32 2 34 105 9:30 - 9:45 25 4 29 81 9:45 - 10:00 59 2 61 143 10:00 - 10:15 17 3 20 67 10:15 - 10:30 37 5 42 130 10:30 - 10:45 42 3 45 102 10:45 - 11:00 46 2 48 110 11:00 - 11:15 38 4 42 103 11:15 - 11:30 51 3 54 107 11:30 - 11:45 49 2 51 131 11:45 - 12:00 45 1 46 120 12:00 - 12:15 55 5 50 131 12:15 - 12:30 45 7 52 120 12:30 - 12:45 55 0 55 98 12:45 - 13:00 50 3 53 125 13:00 - 13:15 65 3 68 136 13:15 - 13:30 46 4 50 117 13:30 - 13:45 67 1 68 122 13:45 - 14:00 51 1 1 52 129 14:00 - 14:15 74 2 76 158 14:15 - 14:30 59 7 66 144 14:30 - 14:45 65 6 71 141 14:45 15:00 52 5 57 136 15:00 15:15 71 7 78 145 15:15 - 15:30 72 7 79 140 15:30 15:45 78 5 83 169 15:45 16:00 83 9 92 173 16:00 16:15 81 10 91 160 16:15 16:30 92 5 97 184 16:30 16:45 90 9 99 164 16:45 - 17:00 85 9 94 274 17:00 17:15 119 10 129 353 17:15 - 17:30 89 9 98 338 17:30 17:45 69 7 ! 76 345 17:45 - 18:00 n o p r 2494 216 2710 6532 VA Rte 6421 US Rte 522 Intersection Current Weekday Volumes (Total) Attachment 91C Counted totals adjusted ourly volumes Traffic From West Traffic From South on VA Rte 642 on US Rte 522 Left Right Total Left Thru Total Time Period 7:00 - 8:00 7:15 - 8:15 7:30 - 8:30 7:45 - 8:45 8:00 - 9:00 8:15 - 9:15 8:30 - 9:30 8:45 - 9:45 9:00 - 10:00 9:15 - 10:15 9:30 - 10:30 9:45 - 10:45 10:00 - 11:00 10:15 - 11:15 10:30 - 11:30 10:45 - 11:45 11:00 - 12:00 11:15 - 12:15 11:30 - 12:30 11:45 - 12:45 12:00 - 13:00 12:15 - 12:15 12:30 - 13:30 12:45 - 13:45 13:00 - 14:00 13:15 - 14:15 13:30 - 14:30 13:45 - 14:45 14:00 - 15:00 14:15 - 15:15 14:30 - 15:30 14:45 - 15:45 15:00 - 16:00 15:15 - 16:15 15:30 - 16:30 15:45 - 16:45 16:00 - 17:00 16:15 - 17:15 16:30 - 17:30 16:45 - 17:45 17:00 - 18:00 Traffic From forth on US Rte 522 Total Thru Right Total N,S,E,W giibert w. clifford and associates Revision 1.0 - 1 June 1997 VA Rte 642/ US Rte 522 Intersection Peak Hour Determination Attachment #2C Time Period 25 79 104 46 231 277 212 31 243624 7:00 - 8:OC 30 70 100 34 252 286 209 29 238 624 7:15 - 8:15 29 56 85 27 251 278 188 26 214 577 7:30 - 8:30 24 46 70 16 221 237 163 16 179 486 7:45 - 8:45 22 38 60 10 236 246 151 11 162 468 8:00 - 9:00 17 38 55 13 220 233 152 14 166 454 8:15 - 9:15 20 36 56 16 229 245 146 16 162 463 8:30 - 9:30 23 26 49 19 246 265 149 16 165 479 8:45 - 9:45 21 23 44 18 211 229 134 18 152 425 9:00 - 10:00 22 24 46 18 219 237 148 10 158 441 9:15 - 10:15 19 20 39 19 194 213 133 11 144 396 9:30 - 10:30 14 24 38 23 208 231 138 14 152 421 9:45 - 10:45 13 25 38 22 214 236 155 13 168 442 10:00 - 11:00 11 17 28 22 204 226 142 13 155 409 10:15 - 11:15 12 15 27 20 221 241 163 14 177 445 10:30 - 11:30 12 17 29 21 183 204 177 12 189 422 10:45 - 11:45 14 21 35 27 194 221 184 11 195 451 11:00 - 12:00 17 27 44 33 191 224 183 10 193 461 11:15 - 12:15 17 33 50 33 195 228 200 11 211 489 11:30 - 12:30 15 30 45 32 216 248 194 15 209 502 11:45 - 12:45 11 23 34 26 196 222 200 13 213 469 12:00 - 13:CO 6 18 24 19 211 230 205 15 220 474 12:15 - 13:15 6 15 21 27 203 230 215 13 228 479 12:30 - 13:30 9 13 22 20 208 228 216 10 226 476 12:45 - 13:45 14 15 29 22 210 232 228 11 239 500 13:00 - 14:00 17 15 32 24 210 234 2 29 9 238 504 13:15 - 14:15 18 19 37 21 222 243 238 8 246 526 13:30 - 14:30 20 20 40 27 224 251 251 11 262 553 13:45 - 14:45 19 20 39 26 242 268 249 16 265 572 14:00 - 15:00 19 20 39 23 247 270 250 20 270 579 14:15 - 15:15 17 17 34 22 238 260 247 25 272 566 14:30 - 15:30 16 14 30 22 225 247 260 25 285 562 14:45 - 15:45 18 18 36 33 224 257 273 24 297 590 15:00 - 16:00 27 18 45 46 204 250 304 28 332 627 15:15 - 16:15 29 19 48 45 204 249 314 31 345 642 15:30 - 16:30 32 26 58 52 213 265 334 29 363 686 15:45 - 16:45 30 23 53 48 201 249 346 33 379 681 16:00 - 17:00 17 34 51 59 291 350 348 33 381 782 16:15 - 17:15 18 45 63 103 390 493 386 33 419 975 16:30 - 17:30 20 76 96 149 464 613 383 37 420 1129 16:45 - 17:45 17 109 126 196 591 787 362 35 397 1010 17:00 18:00 giibert w. clifford and associates Revision 1.0 - 1 June 1997 VA Rte 642/ US Rte 522 Intersection Peak Hour Determination Attachment #2C Development Type Industrial Park (M -1,B-3) Trip Rate Average Daily Trips 62.9 P.M. Peak Hour Adj. Street 10.48 Retail (B-2) Area At FAR = 25% 5 Lots - Trip Rate Average Daily Trips 48.54 P.M. Peak Hour Adj. Street 4.56 Full Development Under Existing Zoning Trips Generated Area 98.6 6199 1033 Area 25 G.L.F.A. - 272250 13215 1241 Residential (RA) Area 112.2 Lot Size(ac) = 5 Lots - 22.4 36.9 Trip Rate 3.5 Average Daily Trips 9.55 214 P.M. Peak Hour Adj. Street 1.01 23 TOTALS: Average Daily Trips 19628 P.M. Peak Hour Adj. Street 2297 Fid, Development Und oposed Zoning Trips Generated Area 72.9 4587 764 Area 52.0 G.L.F.A.- 565844 Trip Rate 36.9 20880 3.5 1980 Area 79 Lots - 15.8 151 16 25618 2761 Proposed Increase Trips Generated Average Daily Volume Summary Trips Per Day at Trips Per Day at Full Development Full Development Increase Trips Existing Trips Per Day Existing Zoning Proposed Zoning Due to Rezoning VA Rte 642 1717 3652 4243 591 U.S. Rte 522 7552 Northside 1606.2 18659 2597 U.S. Rte 522 8149 Southside 17332 20135 2802 Total - 17419 37047 43037 Assuming traffic occurring between 7:00 a.m. and 6:00 p.m. accounts for 75% of daily trips Assume future trips arrive site relative to current trip distribution at the 522/642 intersection The change in zoning from the current layout increases the retail area by 27 acres while losing industrial area. This change will result in a 16 percent increase in trips generated over what could have occurred under the existing zoning. gilbert W. Clifford and associates Revision 1.4 - 1 June 1997 Eastgate Rezoning Traffic Impact Analysis Attachment :3 -1611 -268 7665 739 -63 -7 5990 464 Eastgate Rezoning Trak Impact Analysis Attachment #d Trip Generation Calculation Existing Zoning Patterns gllbert w. cWord and associates Revision 1.0 - 1 June 1997 Eastgate Ex Retail SUMMARY OF TRIP GENERATION CALCULATION FOR 272.25 T.G.L.A. OF SHOPPING CENTER 2 June 1997 Note: A zero rate indicates no rate data available The above rates were calculated from the following equations: AWD 2-Wav Vol (=<570 TGLA): Ln(T) = 0.625Ln(A) + 5.985, R-2 = 0.78 AWD 2-Wav Vol (>570 TGLA) : Ln(T) = 0 .756Ln (P.) + 5.154, R-2 = 0.42 7-9 AM Pk Hr Total: Ln(T) = 0.589Ln(A) + 2.378 R-2 = 0.49, 630- Enter, 370- Exit 4-6 PM Pk Hr Total (=<600 TGLA): Ln(T) = 0.637Ln(A) + 3.553 R-2 = 0.81, 500- Enter, 500- Exit 4-6 PM Pk Hr Total (>600 TGLA): Ln(T) = 0.725Ln(A) + 2.987 R-2 = 0.55, 500- Enter, 500- Exit Saturday 2 -Way Vol.: Ln(T) = 0.628Ln(A) + 6.229, R-2 = 0.83 Saturday Pk Hr Total: Ln(T) = 0.635Ln(A) + 3.867 R�2 = 0.83, 500- Enter, 5090- Exit Sunday 2 -Way Vol.: Ln(T) = 0.498Ln(A) + 6.212, R-2 = 0.44 Sunday Pk Hr Total: Ln(T) = 0.437Ln(A) + 4.287 R-2 = 0.33, 490- Enter, 510- Exit Source: Inszlitute of Transportation Engineers 3,-n ration, 5th Edi -on, With F_b. 1995 AVERAGE RATE STANDARD DEVIATION ADJUSTMENT FACTOR DRIVE WAY VOLUME AVG WKDY 2 -WAY VOL 48.54 0.00 -1.00 13216 7-9 AM PK HR ENTER 0.68 0.00 1.00 185 7-9 AM PK HR EXIT 0.40 0.00 1.00 108 7-9 AM PK HR TOTAL 1.08 0.00 1.00 293 4-6 PM PK HR ENTER 2.28 0.00 1.00 621 4-6 PM PK HR EXIT 2.28 0.00 1.00 621 4-6 PM PK HR TOTAL 4.56 0.00 1.00 1242 124 G --- N PK HR E: ' ER 0.00 0.00 1.00 0 AM GEN PK HR EXIT 0.00 0.00 1.00 0 AM GEN PK HR TOTAL 0.00 0.00 1.00 0 PM GEN PK HR ENTER 0.00 0.00 1.00 0 PM GEN PK HR EXIT 0.00 0.00 1.00 0 PM GEN PK HR TOTtiL 0.00 0.00 1.00 0 SATURDAY 2 -WAY VOL 63.01 0.00 1.00 17155 PK HR EN'T'ER 3.09 0.00 1.00 841 PK HR EXIT 3.09 0.00 1.00 841 PK HR TOTAL 6.18 0.00 1.00 1681 SUNDAY 2 -WAY VOL 29.89 0.00 1.00 8137 PK HR ENTER 1.52 0.00 1.00 413 PK HR EXIT 1.58 0.00 1.00 430 PK HR TOTAL 3.10 0.00 1.00 843 Note: A zero rate indicates no rate data available The above rates were calculated from the following equations: AWD 2-Wav Vol (=<570 TGLA): Ln(T) = 0.625Ln(A) + 5.985, R-2 = 0.78 AWD 2-Wav Vol (>570 TGLA) : Ln(T) = 0 .756Ln (P.) + 5.154, R-2 = 0.42 7-9 AM Pk Hr Total: Ln(T) = 0.589Ln(A) + 2.378 R-2 = 0.49, 630- Enter, 370- Exit 4-6 PM Pk Hr Total (=<600 TGLA): Ln(T) = 0.637Ln(A) + 3.553 R-2 = 0.81, 500- Enter, 500- Exit 4-6 PM Pk Hr Total (>600 TGLA): Ln(T) = 0.725Ln(A) + 2.987 R-2 = 0.55, 500- Enter, 500- Exit Saturday 2 -Way Vol.: Ln(T) = 0.628Ln(A) + 6.229, R-2 = 0.83 Saturday Pk Hr Total: Ln(T) = 0.635Ln(A) + 3.867 R�2 = 0.83, 500- Enter, 5090- Exit Sunday 2 -Way Vol.: Ln(T) = 0.498Ln(A) + 6.212, R-2 = 0.44 Sunday Pk Hr Total: Ln(T) = 0.437Ln(A) + 4.287 R-2 = 0.33, 490- Enter, 510- Exit Source: Inszlitute of Transportation Engineers 3,-n ration, 5th Edi -on, With F_b. 1995 Eastgate Ex Ind Pk SUMMARY OF TRIP GENERATION CALCULATION FOR 98.55 ACRE OF INDUSTRIAL PARK 2 June 1997 DRIVE AVERAGE STANDARD ADJUSTMENT WAY RATE DEVIATION FACTOR VOLUME AVG WKDY 2 -WAY VOL 62.90 62.21 1.00 6199 7-9 AM PK HR ENTER 8.27 0.00 1.00 815 7-9 AM PK HR EXIT 1.82 0.00 1.00 179 7-9 AM PK HR TOTAL 10.09 6.57 1.00 994 4-6 PM PK HR ENTER 2.20 0.00 1.00 217 4-6 PM PK HR EXIT 8.28 0.00 1.00 816 4-6 PM PK HR TOTAL 10.48 7.38 1.00 1033 AM GEN PK HR ENTER 7.21 0.00 1.00 711 A:M GEN PK HR EY'r 1.08 0.00 1.00 106 AM GEN PK HR TOTAL 8.29 6.12 1.00 817 PM GEN PK HR ENTER 1.82 0.00 1.00 179 PM GEN PK HR EXIT 6.85 0.00 1.00 675 PM GEN PK HR TOTAL 8.67 7.16 1.00 854 SATURDAY 2 -WAY VOL 34.23 41.91 1.00 337 PK HR ENTER 1.51 0.00 1.00 149 PK HR EXIT 3.20 0.00 1.00 316 PK HR TOTAL 4.71 2.23 1.00 464 SUNDAY 2 -WAY VOL 10.11 9.02 1.00 996 PK HR ENTER 0.46 0.00 1.00 45 PK HR EXIT 0.53 0.00 1.00 53 PK HR TOTAL 0.99 1.22 1.00 98 Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 5th Edition, With Feb. 1995 Update. TRIP GENERATION BY MICROTR.A-NS Eastgate Ex Residential SUMMARY OF TRIP GENERATION CALCULATION FOR 23 DWELLING UNITS OF SINGLE FAMILY DWELLINGS 2 June 1997 Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 5th Edition, With Feb. 1995 Update_ TRIP GENERATION BY MICROTPa\-PTS AVERAGE RATE STANDARD DEVIATION ADJUSTMENT FACTOR DRIVE WAY VOLUME AVG WKDY 2 -WAY VOL 9.55 3.66 --1.00 220 7-9 AM PK HR ENTER 0.19 0.00 1.00 4 7-9 AM PK HR EXIT 0.55 0.00 1.00 13 7-9 AM PK HR TOTAL 0.74 0.90 1.00 17 4-6 PM PK HR ENTER 0.66 0.00 1.00 15 4-6 PM PK HR EXIT 0.35 0.00 1.00 8 4-6 PM FK HR TOTAL 1.01 1.05 1.00 23 AM GEN PK HR ENTER 0.20 0.00 1.00 5 AM GEN PK HR EXIT 0.56 0.00 1.00 13 AM GEN PK HR TOTAL 0.76 0.91 1.00 17 PM GEN PK HR ENTER 0.66 0.00 1.00 15 PM GEN PK HR EXIT 0.36 0.00 1.00 8 PM GEN PK HR TOTAL 1.02 1.05 1.00 23 SATURDAY 2 -WAY VOL 10.19 3.65 1.00 234 PK HR ENTER 0.52 0.00 1.00 12 PK HR EXIT 0.44 0.00 1.00 10 PK HR TOTAL 0.96 1.00 1.00 22 SUNDAY 2 -WAY VOL 8.78 3.36 1.00 202 PK HR ENTER 0.44 0.00 1.00 10 PK HR EXIT 0.44 0.00 1.00 1.0 PK HR TOTAL 0.89 0.96 1.00 20 Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 5th Edition, With Feb. 1995 Update_ TRIP GENERATION BY MICROTPa\-PTS Eastgate Rezoning Traffic Impact Analysis Attachment #5 Trip Generation Calculation Proposed Zoning Patterns gilbert w. clifford and associates Revision 1.0 - 1 June 1997 EASTGATE Prop Retail SUMMARY OF TRIP GENERATION CALCULA'T'ION FOR 565.844 T.G.L.A. OF SHOPPING CENTER 2 June 1997 Note: A zero rate indicates no rate data available The above rates were calculated from the following equations: AWD 2 -Way Vol (=<570 TGLA) : Ln(T) AVERAGE RATE STANDARD DEVIATION ADJUSTMENT FACTOR DRIVE WAY VOLUME AVG WKDY 2 -WAY VOL 36.90 62.21 --1.00 20878 7-9 AM PK HR ENTER 0.50 0.00 1.00 284 7-9 AM PK HR EXIT 0.29 0.00 1.00 167 7-9 AM PK HR TOTAL 0.80 6.57 1.00 451 4-6 PM PK HR ENTER 1.75 0.00 1.00 990 4-6 PM PK HR EXIT 1.75 0.00 1.00 990 4-6 PM PK HR TOTAL 3.50 7.38 1.00 1979 AiM GEN PK HR EINTER 0.00 0, 0 0 1.00 0 AM GEN PK HR EXIT 0.00 0.00 1.00 0 AM GEN PK HR TOTAL 0.00 6.12 1.00 0 PM GEN PK HR ENTER 0.00 0.00 1.00 0 PM GEN PK HR EXIT 0.00 0.00 1.00 0 PM GEN PK HR TOTAL 0.00 7.16 1.00 0 SATURDAY 2 -WAY VOL 48.00 41.91 1.00 27159 Pk HR ENTER 2.36 0.00 1.00 1338 PK HR EXIT 2.36 0.00 1.00 1338 PK HR TOTAL 4.73 2.23 1.00 2675 SUNDAY 2 -WAY VOL 20.70 9.02 1.00 11713 PK HR ENTER 1.01 0.00 1.00 569 PK HR EXIT 1.05 0.00 1.00 592 PK HR TOTAL 2.05 1.22 1.00 1161 Note: A zero rate indicates no rate data available The above rates were calculated from the following equations: AWD 2 -Way Vol (=<570 TGLA) : Ln(T) = 0 .625Ln (A) + 5.985, R-2 = 0,78 AWD 2 -way Vol (>570 TGLA): Ln(T) = 0.756Ln(A) + 5.154, R-2 = 0.42 7-9 AM Pk Hr Total: Ln(T) = 0.589Ln(A) + 2.378 R-2 = 0.49, 63%- Enter, 37%- Exit 4-6 PM Pk Hr Total (=<600 TGLA): Ln(T) = 0.637Ln(A) + 3.553 R-2 = 0.81, 50sk Enter, 50%- Exit 4-6 PM Pk Hr Total (>600 TGLA): Ln(T) = 0.725Ln(A) + 2.987 R"2 = 0.55, 50%- Enter, 50% Exit Saturday 2 -Way Vol.: Ln(T) = 0.628Ln(A) + 6.229, R-2 = 0.83 Saturday Pk Hr Total: Ln(T) = 0.635Ln(A) + 3.867 R-2 = 0.83, 500 Enter, 501� Exit Sunday 2-Wav Vol.: Ln(T) = 0.498Ln(A) + 6.212, R-2 = 0.44 Sunday Pk Hr Total: Ln(T) = 0.437Ln(A) + 4.287 R-2 = 0.33, 4915 Enter, 51%- Exit Sours=: Inst;tute of Transportation Engineers 5th Edition, Wit'_ Feb. 1995 EASTGATE Prop Ind Pk SUMMARY OF TRIP GENERATION CALCULATION FOR 72.93 ACRE OF INDUSTRIAL PARK 2 June 1997 DRIVE AVERAGE STANDARD ADJUSTMENT WAY RATE DEVIATION FACTOR VOLUME AVG WKDY 2 -WAY VOL 62.90 62.21 `-1.00 4587 7-9 AM PK HR ENTER 8.27 0.00 1.00 603 7-9 AM PK HR EXIT 1.82 0.00 1.00 132 7-9 AM PK HR TOTAL 10.09 6.57 1.00 736 4-6 PM PK HR ENTER 2.20 0.00 1.00 161 4-6 PM PK HR EXIT 8.28 0.00 1.00 604 4-6 PM PK HR TOTAL 10.48 7.38 1.00 764 AM GEN PK HR ESTER 7.21 0.00 1.00 526 AM GEN PK HR EXIT 1.08 0.00 1.00 79 AM GEN PK Fes. TOTAL 8.29 6.12 1.00 605 PM GEN PK HR ENTER 1.82 0.00 1.00 133 PM GEN PK HR EXIT 6.85 0.00 1.00 50r PM GEN PK HR TOTAL 8.67 7.16 1.00 63. SATURDAY 2 -WAY VOL 34.23 41.91 1.00 2496 PK HR ENTER 1.51 0.00 1.00 110 PK HR EXIT 3.20 0.00 1.00 234 PK HR TOTAL 4.71 2.23 1.00 344 SUNDAY 2 -WAY VOL 10.11 9.02 1.00 737 PK HR ENTER 0.46 0.00 1.00 33 PK HR EXIT 0.53 0.00 1.00 39 PK HR TOTAL 0.99 1.22 1.00 72 Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 5th Edition, With Feb. 1995 Update. TRIP GENERATION 9%' MICROTR --\JS EASTGATE Prop Residential. ,SUMMARY OF TRIP GENERATION CALCULATION FOR 16 DWELLING UNITS OF SINGLE FAMILY DWELLINGS 2 June 1997 Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 5th Edition, With Feb. 1995 Update. TRIP GENERATION BY MICROTR�CIS AVERAGE RATE STANDARD DEVIATION ADJUSTMENT FACTOR DRIVE WAY VOLUME AVG WKDY 2 -WAY VOL 9.55 3.66 -1.00 153 7-9 AM PK HR ENTER 0.19 0.00 1.00 3 7-9 AM PK HR EXIT 0.55 0.00 1.00 9 7-9 AM PK HR TOTAL 0.74 0.90 1.00 12 4-6 PM PK HR ENTER 0.66 0.00 1.00 11 4-6 PM PK HR EXIT 0.35 0.00 1,00 6 4-6 PM PK HR TOTAL 1.01 1.05 1.00 16 AN GEN PK :_Z ENTER 0.20 0.00 1. 0 0 3 AM GEN PK HR EXIT 0.56 0.00 1.00 9 AM GEN PK HR TOTAL 0.76 0.91 1.00 12 PM GEN PK HR ENTER 0.66 0.00 1,00 11 PM GEN PK HR EXIT 0.36 0.00 1.00 6 PM GEN PK HR TOTAL 1.02 1.05 1.00 16 SATURDAY 2 -WAY VOL 10.19 3.65 1100 163 PK HR ENTER 0.52 0.00 1.00 8 PK HR EXIT 0.44 0.00 1,00 7 PK HR TOTAL 0.96 1.00 1.00 15 SUNDAY 2 -WAY VOL 8.78 3.36 1.00 140 PK HR ENTER 0.44 0.00 1.00 7 PK HR EXIT 0.44 0.00 1.007 PK HR TOTAL 0.89 0.96 1.00 14 Note: A zero rate indicates no rate data available Source: Institute of Transportation Engineers Trip Generation, 5th Edition, With Feb. 1995 Update. TRIP GENERATION BY MICROTR�CIS Eastgate Commerce Center Impact Analysis Statement Sewage Conveyance and Treatment Impacts There are no sewage conveyance or treatment problems associated with this project. The property is located within the area identified in the Frederick County Comprehensive Plan covering future sewer service. Currently this property is served by public sewer service. Sewage service to this site is provided by Frederick County Sanitation Authority via a 6" force main. Water Supply Impacts There are no water supply or transmission problems with this property. The property is located within the area identified in the Frederick County Comprehensive Plan covering future water service. Currently this property is served by public water service via an 12" water line. Water service is under the Frederick County Sanitation Authority. Fire protections measures such as the installation of fire hydrants will be addressed at the site development stage. The installation of fire protection hydrants poses no problems. The installation of fire hydrants on the property will improve the fire protection means of the surrounding properties as well as the enhancing the protection of the property. The fire fighting capabilities of the fire company covering this area will be enhanced with additional fire hydrants. J Drainage Facility Impacts Proper storm water management planning will result in minimal or no site drainage impacts. The development of business in lieu of rural residential/ agricultural will increase stormwater run off. It is recommended that the increased run off would be reduced prior to discharge from the site. In lieu of the above, additional storm water detention calculations should be presented with final design which would show no adverse impacts created by the imposition of this increase storm water on the existing downstream water course. Drainage flows generally south toward Wrights Run drainage area to the south of the property. Predevelopment runoff rates will be maintained using recognized storm water management standards. Eastgate Commerce Center Impact Analysis Statement Solid Waste Cost There are no solid waste collection and disposal impacts. Solid waste will be exported by contract hauler at no cost to the County. No additional solid waste facilities will be required to handle the waste from this property. Historic Impacts This project area through past development of adjoining property has no known significance. The area has been significantly developed to the east and south. There are no structures currently located on the area to be rezoned that are of historic significance. A review of the National Register, the Virginia Landmarks Register and The Frederick County Comprehensive Plan indicates that there are no known historic structures on this property. Community Facilities Education - This project will generate no school children and therefore have no effect on educational cost in Frederick County. Capital cost impacts for school age children will be reduced since no school children will result with B-2, B-3 and M-1 zoning. Parks and Recreation - This project would result in no capital impact on Parks and Recreational facilities. Emergency Services Cost - There are minimal additional fire, rescue or sheriff capital facilities anticipated with the zoning of the property. Additional capital costs have been mitigated with a like proffer contribution to the County. Fire protection is available from the Stephens City Volunteer Fire and Rescue Company. The planned B-2, B-3 and M-1 rezoning will have all required site development standards required by the fire code, building code and zoning codes. There are no fire protection problems associated with this property. All hydrants and fire protection measures will be installed when the property is developed. Rescue services are provided by the Stephens City Volunteer Fire and Rescue Squad. Sheriff Department services protection will be required by this facility. Generally, routine patrols of the area should suffice for the majority of time and materials necessary to cover this property. Eastgate Commerce Center Impact Analysis Statement Environmental Impacts There are no known major environmental impacts associated with the rezoning of this property . There will be certain minor negative impacts due to the construction activity including run off sediment, noise and traffic movements. These are to be minimized by proper compliance with local and state laws for environmental protection. The effects on the down -stream impoundment and stream are minimal. There is no known loss of irretrievable resources involved with this project. There are no known endangered species of fauna, flora or wildlife which will be effected by this project. Ground water and air quality should be unaffected. A minor impact of a negative nature is associated with lighting for security and business use. These should be closely controlled during planning stage to minimize the adverse impacts on adjacent residential structures and impacts on the traveling public. Other This planned zoning change would create a positive fiscal impact as compared to the existing zoning. There are no known other impacts. Fiscal Impact Eastgate Commerce Center FISCAL IMPACT Impact Analysis Statement The fiscal impacts of the Eastgate Commerce Center rezoning are measured for capital costs that relate to the improvements necessary for the County to increase the capacity of public facilities. The amount of the impact for any rezoning and subsequent land development such as Eastgate Commerce Center depends upon location and land uses. Using the rezoning impact model provided by Frederick County, the total capital cost of required new facilities generated by the Eastgate Commerce. Center rezoning is considered for each local governmental department for it's respective service area. In this case these departmental areas include: • Schools • Parks and Recreation • Fire and Rescue As evidenced by the model forecast, the only capital cost is new capital costs calculated for Fire and Rescue for costs not covered by county contributions boosts the amount for Fire and Rescue to $6,166.23. The Eastgate Commerce Center development when rezoned warrants a credit based upon it's overall net fiscal impact due to taxes that will be paid by the project in future years. Eastgate Commerce Center generates a net positive fiscal impact. Future credits that go toward funding existing debt service are determined by the model and applies to school, fire and rescue and parks and recreation departments only. The rezoning impact model for Frederick County does not calculate positive fiscal impacts associated with non-residential land uses such as this rezoning for Eastgate Commerce Center, B-2 zoning. Instead, only impacts associated with residential uses are actually shown. In the case of non-residential uses a zero ($0) value impact amount or value is shown due to the large amount of fiscal impact associated with such commercial or office (non-residential) land uses. 13 Eastgate Commerce Center Impact Analysis Statement The Frederick County impact model shows that there is no net impacts for the Eastgate Commerce Center rezoning. There is a fiscal impact credit since the impact of all land uses is positive and a credit for contribution to capital costs is shown through future taxes paid to the County. The net fiscal impact credit result from the new project against capital costs that are generated by the project. The credit over a ten year period is the amount of development fees, as well as permit fees, plus, project revenues. Revenues are the sum of the following taxes and fees associated with B-2, B-3 and M-1 type zoning land uses: • Real property tax • Personal property tax (estimated at $93.00 per employee) • Business license tax • Utility tax • Retail sales tax (estimated at $2.83 per square foot) Transient tax (iVlotel tax) (estimated at $172.00 per room) • Meals tax ( estimated at $5.91 per square foot) Although the actual zoning change is an increase in B-2 and a reduction of B-3 and M-1 zoning the model impacts reflect a change of RA to B-2, B-3 and M-1 for purposes of calculating impacts. 14 DUTPUT MODULE FIRE AND RESCUE ADDENDUM New Capital Costs Not $305 78 Covered by County Contribulions NOTES: Mo:Sei Run Date 5114197 EAVV :astgate Rezoning: Assumes 24,750 sq R. of office use on 1 acre rezored from RA to M1 Net Credit far Fiscal Taxes to Capital Impact Capital Net Utz CJQt5 Inpa ct Fre Department $19 Rescue Department $125 $194 $0 Elementary Schools $0 Middle Schools $0 High Schools $0 $27,585 50 Paries and Reereatton $Q $0 .---------- — TOTAL $144 $399,472 $29,419 r $0 FIRE AND RESCUE ADDENDUM New Capital Costs Not $305 78 Covered by County Contribulions NOTES: Mo:Sei Run Date 5114197 EAVV :astgate Rezoning: Assumes 24,750 sq R. of office use on 1 acre rezored from RA to M1 OUTPUT MODULE Net Credit for Fiscal Taxes to Capital Impact Capital Net CnSiG C SIS 111=cI Fire Department $131 5830 $0 Rescue Department $536 Elementary Schools $0 Middle Schools $0 ..: $302,734 SO High Schools $0 Parks and Recreaton $A 117995 SD TOTAL $668 $4.530,927 $321.558 $0 ------------------- FIRE AND RESCUE ADDENOUM ------------------------------------ ----------------------------- New Capital Costs Not 51,457.02 Covered by County Contributions NOTES: Model Run Date 5114/97 EAW Eastgate Rezoning, Assumes" 69,632 sq.tt. of retail use on 9 acres rezoned frcm RA to B3 OUTPUT MODULE Fre Department Rescue Department Elementary Schools Middle Schools Nigh Schools Parks and Recreation Net Cce(iit for Fiscal Taxes to Capital Impact Capital Net C=ts Coedit casts IMPA 1 $397 52.507 $0 TOTAL FIRE AND RESCUE ADDENDUM New Capita! Costs Not Covered 'oy County Contributions $1,620 $0 $0 $0 5D $2,018 $13,688,366 $914,925 $0 5,54..35 $Q $971.818 r $0 54.403.43 NOTES. Model Run Date 5/14197 EAW Eastgate Rezoning Assumes 512,664 sq.ft. of retail use on 24 acres rezoned from RA to B2. OUTPUT MODULE Net Credit for Fiscal Taxes to Capital Impact Capital Net ISIS Crpcli! Q-Ut5 lmpacl Fire Department $994 $10.038 go Rescue Department $6,487 Elementary Schools $0 Middle Schools $0 $1,429,744 $o High Schools $0 Parks and Recreation so TOTAL ....----- ------------ $7,481 $20,580,671 $1.524.769 $0 —------------ FIRE AND RESCUE ADDENDUM —------------ ---------------------_------- ------------------- ------ New Capital Costs Not $15.848.79 Covered by County Contributions NOTES: Model Run Date 5/30/97 EAW Eastgate Rezoning, Assumes 1;282,793 sq.ft. of office on 51 83 acres zoned M1 OUTPUT MODULE Fire Department Rescue Department EIementary Schools Middle Schools High Schools Parks and Recreation TOTAL FIRE AND RESCUE ADDENDUM New Capital Costs Not S3,415.91 Covered by Ccunhl Contributions NOTES Model Run Date 5/30/97 EA1N Eastgate Rezoning. Assumes 397,693 sq ft of retail on 21.10 acres zoned 83 Net Credit for Fiscal Taxes to Capital Impact Capital Net casts CASI5 tmpaa $308 51.945 $0 $1,257 $0 $0 $709,742 30 $0 $-0 542.189 $Q S1,555 $10,619,280 $753,876 50 New Capital Costs Not S3,415.91 Covered by Ccunhl Contributions NOTES Model Run Date 5/30/97 EA1N Eastgate Rezoning. Assumes 397,693 sq ft of retail on 21.10 acres zoned 83 OUTPUT MODULE Fire Department Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation TOTAL FIRE AND RESCUE ADDENDUM New Capital Costs Not $9,533.44 Covered by Courity Contributions NOTES. Model Run Date 5i30/97 EAW Eastgate Rezoning: Assumes 1,109,918 sq R of retail on 51.96 acres zoned B2. Net Credit for Fiscal Tares to Capital Impact Capital Net Casts cm! tl ("= t=a $860 $5.428 $0 $3,508 $0 $0 $1,980,814 $0 $0 $4 $1.17..24.4 $4 $4,368 $29,632,510 $2,103,986 _ - SO New Capital Costs Not $9,533.44 Covered by Courity Contributions NOTES. Model Run Date 5i30/97 EAW Eastgate Rezoning: Assumes 1,109,918 sq R of retail on 51.96 acres zoned B2. PC REVIEW DATE: 07-02-97 BOS REVIEW DATE: 08-13-97 MASTER DEVELOPMENT PLAN #005-97 EASTGATE COMMERCE CENTER LOCATION: The property is located at the intersection of Route 522 South (Front Royal Pike) and Route 642 (Tasker Road). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 76-A-53, 76 -A -53A, 76 -A -53B and 76 -A -53C PROPERTY ZONING & PRESENT USE: 51.96 acres of B2 (Business General) zoned land; 21.10 acres of B3 (Industrial Transition) zoned land; 51.83 acres of M1 (Industrial Light); and Present use: Eastgate Commerce Center ADJOINING PROPERTY ZONING & PRESENT USE: North - Zoned: RA Use: Vacant & Residential South - Zoned: RA Use: Vacant & Residential East - Zoned: RA Use: Residential West - Zoned: RA Use: Vacant PROPOSED USE: Commercial and Industrial REVIEW EVALUATIONS: Virginia Dent_. of Transportation: See attached letter from Bob Childress dated April 9, 1997. Sanitation Authority: No comment. Inspections Dept.: No comment required at this time. Shall comment at the time of site or subdivision plan. Fire Marshal: Will address fire lanes on site plan. County Engineer: Add potential locations of stormwater management facilities. Provide a revised copy of the MDP for our records. Eastgate Commerce Center MDP 9005-97 Page 2 June 20, 1997 Plannine and Zoning: Project History The Board of Supervisors approved the initial rezoning for this development on August 8, 1991. The approved zoning is summarized on sheet one of two of the Master Development Plan. This approved rezoning of 235.75 acres of Rural Area land resulted in 25 acres of B2, 20 acres of B3, and 70 acres of Ml zoned land. Rezoning application 4002-97 is for the Eastgate Commerce Center, This proposed rezoning, if approved, will result in 51.96 acres of B2, 21.10 acres of B3, 51.83 acres of M1, and 79 acres of RA zoned land. This preliminary Master Development Plan application is submitted pending the approval of Rezoning Application 9002-97, Project Scope The proposed use for the Eastgate Commerce Center development is commercial and industrial. Tasker Road bisects the development, and access to the Eastgate Commerce Center is provided through five roads that create three intersections with Tasker Road. RA (Rural Area) land is not subject to Master Development Planning; therefore, the remaining 79 acres of RA land is shown as undeveloped at this time. Issues Staff believes the following issues should be considered by the Planning Commission 1. Buffers Zoning district buffers are required along all zoning district boundaries internal to the development. These buffers are not shown on the plan. Whenever land is to be developed in the M1 or B3 zoning districts that are adjacent to 132 zoned land, a "B" Category buffer is required. Alternately, when land is to be developed in the B2 zoning district that is adjacent to M1 or B3 zoned land, an A Category buffer is required. In addition, zoning district buffers are required along the perimeter of the development where the business/industrial zoned land abuts Rural Area land used primarily for residential purposes. A `'B" Category buffer is required where the B2 property abuts the following properties used for residential purposes: 76-A-5113, 76-A-51 C, 76-A-52, 87-A-31 & 32, and 87-A-36 & 37. The approved proffer statement makes mention of a 30' wide road ef#iciency buffer along both sides of Tasker Road. This should be included on the Master Development Pian. Eastgate Commerce Center MDP 9005-97 Page 3 June 20, 1997 2. Environmental Features A significant amount of woodland exists within the parcels identified by P.I.N.'s 76 -A -53A and 76 -A -53B. These are not shown on the Master Development Plan. The total acreage of these woodlands and the amount that is proposed to be disturbed should be depicted on the plan and listed in the Environmental Features Table. In addition, there appears to be a limited amount of steep slopes located between the proposed Armel Circle and the existing pond. These steep slopes should be identified and recorded accordingly. 3. Transportation A "B" Category buffer is required adjacent to the properties identified by P.I.N.'s 87-A-36 & 37. Road right-of-ways shall not be located within this buffer area. Therefore, the location of the proposed Sunrise Drive should be adjusted to the north to accommodate this required buffer. The location of the existing driveway providing access to the property owned by Rockland A. and Elizabeth See is not shown on the plan. Access to this property must be accommodated in this Master Development Plan. This Master Development Plan must also address any determinations made by VDOT upon reviewing a Traffic Impact Analysis for this project. This Traffic Impact Analysis must be submitted to VDOT for their evaluation as soon as possible. The approved rezoning for this project and any resulting transportation implications should also be addressed in this Master Development Plan. STAFF RECOMMENDATION FOR 07-02-97 PLANNING COMMISSION MEETING: Staff recommends approval of the proposed Master Development Plan contingent upon approval of the Rezoning application and resolution of any transportation issues determined by VDOT upon review of the Traffic Impact Analysis. The overall concept of this Master Development Plan is consistent with the Comprehensive Plan and the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. Staff asks the Planning Commission to ensure that all review agency comments are adequately addressed prior to final approval of this plan. OAAGENDASICOMMENTMEAS GATE.MDP COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY 14031 OLD VALLEY PIKE COMMISSIONER P.O. BOX 278 EDINBURG, VA 22824.0278 April 9, 1997 Mr. Stephen M. Gyurisin C/O G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Steve: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984.5600 FAX (540)984-5607 Ref: Eastgate Commerce Center Route 522 South/642 Frederick County As requested, we have reviewed your revised zoning and master development plan for the referenced project. We realize approved proffers are in place, based on current zoning, to address impacts on existing VDOT facilities. However, since the original rezoning our Route 522 project has been completed and the Route 642 project is nearing completion. As you have indicated, the completion of these projects has necessitated the redesign of your internal roadway network and need for different zoning. We therefore offer the following comments: 1) As indicated in your March 13, 1997 letter, you intend to prepare a revised impact statement along with this rezoning request. This statement should include a complete traffic impact analysis to determine new project impacts on the current roadway system. The analysis results could address/answer some of our additional comments below. 2) If permitted, the proposed Sunrise Drive connection to Route 522 will need to meet our minimum sight distance requirements. At the location proposed a median crossover does not exist between the north and south bound lanes. The current grade differential between the lanes does not appear conducive to construct a crossover. Therefore, we see the potential for a real problem to result for e sting north bound traffic, especially }ruc t traffic. Vehicles -,,vould have to travel south bound for a short distance in order to u -turn at the next crossover to begin north bound flow. This could lead to serious safety hazards for the development's traffic and north & south bound motorists. It appears from our files the earlier rezoning plans and analysis for this project assumed a crossover would be - provided on Route 522 at this connection. 3) Based on the proposed B-2 zoning for the parcels along Route 522 it appears a full length right turn lane along the proposed frontage will be necessary. Considering the possible varied uses, primary access to these parcels may want to be made from Tasker Drive or Sunrise Drive. 4) As originally proffered, two traffic signals were to be provided - one at the Route 522/Route 642 intersection and another at the access roadway connection with Route 642. The previously mentioned traffic impact analysis should address necessary sianalization. However, at the very least, we feel safe to say based on this preliminary information the Route SZZr6'' �n:ersection will need to be controlled. Mr. Stephen M. Gyurisin Ref: Eastgate Commerce Center April 9, 1997 Page 2 5) The existing Route 522 north bound left turn lane onto west bound Route 642 may need to be expanded. 6) The recently constructed Route 642 as you are aware, was constructed with a 24' wide paved surface with the ability to expand by two additional 12' lanes on either side of the existing pavement. These additional lanes may be necessary as a result of your development. However, in addition, right and left turn lanes along Route 642 may need to be considered which might necessitate the need for additional right-of-way. 7) Any entrances constructed into the property whether from Route 522, 642 or internal streets will need to meet minimum sight distance requirements. Additionally any work performed on the State's right-of-way must be in accordance with our land use permit policies. In summary, we have no overall objections to the rezoning or subsequent development of this property. However, in consideration of the aforementioned comments/concerns, we feel a traffic impact analysis should be completed in order to determine specific impacts prior to proceeding further with the project. We appreciate the opportunity to comment on this significant project and ask you give us a call if there are any questions or you would like to discuss our comments in more detail. Sincerely, 'v• A-z� Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor RBC/rf Attach. xc: Mr. i. B. Diamond, Attn: Mr. K. B. Downs Mr. T- L. Jackson, Attn: Mr- G. C. Tudcr Mr. S. A. Melnikoff Mr. B. j. Sweitzer Mr, Kris Tierney MDP #005-97 PIN: 76-A-53,53A,53B,53C Eastgate Commerce Centex, Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN 1. Project Title: Eastgate Commerce Centre 2. Owner's Name: Wrights RunL.P. - c/o Allan Hudson President 2800 Shirlington Road Suite 803 Arlington, Virginia 22206 (Please list the name of all owners or parties in interest) 3. Applicant: Gilbert W. Clifford & Associates Inc. Address: 200 N. Cameron Street Winchester Virginia 22601 Phone Number: 540-667-2139 c/o Stephen M Gyurisin 4. Design Company: (Sameas Applicant) Address: Phone Number: Frederick Countv, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: East side of Route 522 South at the intersection of relocated Route 642. 6. Total Acreage: 235.75 acres total property 135.99 acres master planned (non -RA zoned) 7. Property Information: a) Property Indentification Number (PIN): 76-((A))-53 b) Current Zoning: RA, B-2, B-3 and M-1 c) Present Use: Vacant/Industrial d) Proposed Uses: Commercial & Industrial e) Adjoining Property Information: Property Identification Numbers Property Uses North 76((A))48A, 51C, 51B & 52 Vacant & Residential South 87((A))1, 16B, 87(4)9, 10,11 Vacant & Residential East 87((A))31, 32 & 35 Residential West 76((A))42 & 47 Vacant f) Magisterial District: Shawnee 8. Is this an original or amended Master Development Plan: Original X Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master deveopment plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: Date: COUNTY of FREDERICK Department of Planning and Development MEMORANDUM J 5.40/665-_6_ t FAX. 540/678-0682 TO: Planning Commission Members FROM: Andrew D. Evans, Zoning Administrator RE: Request for Exception of Subdivision Ordinance Requirement, Dennis and Jean Settle/ Daniel Lee Settle DATE: June 20, 1997 On behalf of Daniel Lee Settle, Dennis and Jean Settle request an exception under the provision of section 144-5 of the Frederick County Subdivision Ordinance to subdivide a 2+ acre lot from a 32 -acre tract of land and not have to provide a 50 ft_ right-of-way as required by Section 144-31C.(3). The 32 -acre tract of land is served by an existing 30 -foot right-of-way from Route 642 (Armel Road). Dennis anu his wife would like to subdivide a 2+ acre parcel of land in order to construct a residence. The property is identified as PIN 76-A-105 and is located off Route 642 (Armel Road), approximately 2,000 feet east of the intersection of Route 522 (Front Royal Pike), in the Shawnee Magisterial District. The Settles have attempted to secure additional right-of-way but were not successful. Section 144-5 of the Subdivision Ordinance allows for the Planning Commission to make recommendation to the Board of Supervisors in cases of unusual situations. This request has some merit in that additional needed right-of-way cannot be obtained, and Mr. Settle would like for his son to have a place to build a home. Attachments accompanying this request are a copy of the request letter from Dennis and Jean Settle, a drawing showing the approximate location of the 2+ acre lot, map 476, and the ordinance sections. Recommendation: Staff has some concern about the potential precedence that would be set by approval of this request due to the likelihood of there being a great number of like situations in existence. If it is the desire of the Commission and Board of Supervisors to grant the exception, it might be appropriate to consider, in the near future, an Ordinance Amendment that would accommodate a single division of land with access being pro%ided via a right-of-ua of less than -50 foot. Staff recommends that the Commission give consideration of the request with the condition that this approval is for one lot only, and any further subdivision shall be subject to all relevant Ordinance requirements. Please contact me should you have any questions, or would like to discuss this matter with me. Attachments ..cnt �IV:•i i DEPT. cy, J,yo (-e-ce�-ma, c-bc�+ -41 P -s u -z' Cd C, Ic �4 F -1S �i DEPT. cy, J,yo V1 I Y;V �j 4- li L 4 votLP SZo 7 cLZo b tW 90 qr 544 964 • � 13 'N 4:11AL 9u•' J Q �'� - - ;1 1306 9 %z,.[, ? .t ---6 . ODeVuan qqp t30B ` ; . 94 !i 4 / 130 133 j5 ,4. ) se .t r 1 IC2 roll . Go 99 9�E / � i1181nse ,,_c /• / 31a 29 tom/ 103 129 j -Z7 8 66 Sacred Hear? \ Moncsrery v \�-- �-t' 1v' -Y� `24 - 49I11C 493 O�1�� 55 0 106;_ 2� 127 V 59H 53 54 59,< � bC � ' r • ' A �59 599! 59a �20�,� f 11 I24 J� 1 ��Armel / 119 V 59F2CB' t24- ��� A 1• 55 390 120 /1248 - i � 5 !2 � His •�}, o �� % w ` 59G 59E �r_ 2 v2 5 s.. a7' I�t_ Fr Z 59C123 3 1 -ab .w Sr-lA F 6 ..ECTICN cA ,� o _ _ 1 —r Rr 6-1 20 934 Zon. 8 63T 938 Ita92,s. 1` r qa A 90 qr 544 964 • � 13 'N 4:11AL 9u•' J Q �'� - - ;1 1306 9 %z,.[, ? .t ---6 . ODeVuan qqp t30B ` ; . 94 !i 4 / 130 133 j5 ,4. ) se .t r 1 IC2 roll . Go 99 9�E / � i1181nse ,,_c /• / 31a 29 tom/ 103 129 j -Z7 8 66 Sacred Hear? \ Moncsrery v \�-- �-t' 1v' -Y� `24 - 49I11C 493 O�1�� 55 0 106;_ 2� 127 V 59H 53 54 59,< � bC � ' r • ' A �59 599! 59a �20�,� f 11 I24 J� 1 ��Armel / 119 V 59F2CB' t24- ��� A 1• 55 390 120 /1248 - i � 5 !2 � His •�}, o �� % w ` 59G 59E �r_ 2 v2 5 s.. a7' I�t_ Fr Z 59C123 3 1 -ab .w Sr-lA F 6 ..ECTICN cA ,� o _ _ 1 —r § 144-4 FREDERICK COUNTY CODE § 14.4-6 specified in this chapter as authorized by the Board of Supervisors. The Subdivision Administrator is authorized to administratively approve or disapprove all divisions of land in the RA Rural Areas District and all divisions of land in all other zoning districts that are within an approved master development plan. The Subdivision Administrator shall have the authority to forward any division of land, subdivision design plan or final plat to the Planning Commission or Board of Supervisors for final approval. § 144-5. Interpretations and appeals. The Subdivision Administrator shall have the authority to make interpretations concerning the application of the requirements of this chapter. Any person aggrieved by an interpretation made by the Subdivision Administrator may appeal that interpretation to the Board of Supervisors, with a recommendation from the Planning Commission. Variations in or exceptions to the provisions of this chapter may be granted by the Board of Supervisors in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship. § 144-6. Violations and penalties. All land divisions requiring subdivision approval shall conform to the provisions of this chapter. Any person, firm or corporation, whether owner, lessee, principal, agent, employee or otherwise, who viclates any provision of this chapter shall be guilty of a misdemeanor. Upon convic.ion of saic misdemeanor, the guilty parrn/ shall be subject to a fine up to one thousand dollars (S 1,000.) per day or incarceration as prescribed by the Code of Virginia. (Cont'd on page 14==1 5) 14414 7-10-96 r § 144-30 FREDERICK COUNTY CODE § 14.4.31 monuments shall be of stone or precast concrete, not less than four (4) inches square or four (4) inches in diameter and appropriately scribed with vertical and horizontal controls. § 144-31. Rural subdivisions. The requirements of this section shall apply to all subdivisions of land zoned RA (Rural Areas) under Article V of Chapter 165, Zoning, of the Frederick County Code. A. Design standard exemptions. Rural subdivisions shag -be exempted from the following design standards: (1) Section 144-17L, Curbs and gutters. (2) Section 144-18, Sidewalks and pedestrian walkways. (3) Section 144-19, Streetlights. (4) Section 144-25, Utilities and easements. B. Major rural subdivisions. (1) Any subdivision which results in a cumulative total of more than three (3) lots being divided from a single parent parcel within the RA (Rural Areas) Zone shall be conside.,-ed a major rural subdivision. Lots described in § 165-548, Family division lots; and § 165-54C, Agricultural lots, of Chapter 165, Zoning, of the Frederick County Code, shall not count toward this three -lot limit. Prior to review and approval of final plats for such divis ons, a preliminary sketch plan must be reviewed and approved by the Zoning Administrator. (2) Access. All roads serving lots within a major rural subdivision shall be built to the Tertiary Subdivision Street Standards of the Virginia Department of Transportation and dedicated to Frederick County for eventual acceptance into the state secondary road system. [Amended 6-9-19931 C. Minor rural subdivisions. (1) The division of the 01101,ving types of lots are permitted under the regulations for minor rural subdivision: 14434 10-25-93 § 144-31 SUBDIVISION OF LAND § 144-32 (a) Lots described by § 165-548, Family division lots; and § 165-54C, Agricultural lots, of Chapter 165, Zoning, of the Frederick County Code. (b) Lots described in § 165-54A, Traditional five -acre lots, and § 165-54D, Rural preservation lots, provided that a total of no more than three (3) such lots may be created from any one (1) parcel under these regulations. (2) Shared private driveways.' Vehicular access to minor rural subdivisions may be provided by means of shared private driveways. 'The owners of lots provided with access via such driveways (shall be responsible for the improvement and maintenance of said driveways. When shared driveways are used, the Subdivision Administrator shall be provided with copies of the deeds of transfer. Such deeds shall contain the following language: The proposed shared private driveway is not built according to street standards of and will not be maintained by the Virginia Department of Transportation or the County of Frederick. The improvement and maintenance of said driveway shall be the sole responsibility of the owners of lots which are provided with access via the driveway. Said shared private driveways will not be considered for inclusion into the state secondary system until they meet the applicable construction standards of the Virginia Department of Transportation. The cost of bringing said driveways to acceptable standards snail not be borne by the Virginia Department of Transportation ncr by Frederick County. (3) Minimum width for shared private driveway. The minimum richt- of-way width for a shared private driveway shall be fifty (50) feet. § 144-32. Property owners' associations. A. intent. The intent or' this section is to rewire the o," nonprofit crcanizaticn to be knc,.vn as the "pracer:y ewn=-r,• association." The proce'zy owr,,ers, assCc;atiOn Si,ali be Cremated CV' ``„-e subdivider. The property ewners' associGticn shall be financially responsible for its own operations and shall be charged with the continuous maintenance and management of all common areas, is 14435 10 -25-93 COliNI'Y of FREDERICK Department of Planning and Development MEMORANDUM 540/66_5-'6' 1 FAX. 540/678 -068 - TO: Planning Commission Members FROM: Andrew D. Evans, Zoning Administrator RE: Request for Exception of Subdivision Ordinance Requirement, Kenneth C. and Mary P. Lebo DATE: June 20, 1997 Kenneth C. and Mary P. Lebo request an exception under the provision of Section 144-5 of the Frederick County Subdivision Ordinance to subdivide a 13.567 -acre tract of land from a 60.761 -acre tract in order to construct a residence and not have to provide a 50 foot right-of-way as required by Section 144-31C.(3). The Lebo's purchased the property from the Mielzarek's which has an existing 30 foot right-of-way serving the property. The property is identified as PIN 47-A-8, and is accessed off Route 617 (Pine Top Road) approximately 1,000 feet east of the West VirginiaNirginia state line in the Back Creek District. As Mr. Lebo states in his letter to me, his intentions are to construct a residence on the 13.567 -acre tract and keep the remaining 47.194 acres as part of his fare. Having no future plans for development of the larger tract of land, the existing 30 -foot right-of-way would serve one residence and two tracts of land. Accompanying Mr. Lebo's letter is one from Ellen J. Cesefske with Marathon Bank, Winchester, Virginia, dealing with particular information concerning financing of tracts of land twenty (20) acres or smaller. Section 144-5 of the Subdivision Ordinance allows the Planning Commission to make a recommendation to the Board of Supervisors in cases of unusual situations or where strict adherence to the general regulations would result in substantial injustice or hardship. Attachments accompanying this request include a copy of the Lebo's request letter, survey plat of the 13.567 - acre parcel to be subdivided from the 60.761 -acre tract, map ; 47, and the ordinance sections. Recommendation: Staff has some concern about the potential precedence that xN ould be set by approN al of this request due to the likelihood of there being a great number of life situations in existence If it is the desire of the Commission and Board of Supervisors to grant the exception, it might be appropriate to consider, in the near future, an Ordinance Amendment that would accommodate a single division of land with access being provided via a right-of-way of less than 50 foot. Staff recommends that the Commission give consideration of the request with the condition that this approval is for one lot only, and any further subdivision shall be subject to all relevant Ordinance requirements. Please contact me should you have anv questions, or would like to discuss this matter vyith me. Attachments Mr. Kenneth C. Lebo Mrs. Mary P. Lebo Strasburg, Va. June 6, 1997 Winchester/Frederick County Planning and Zoning Dept. % Andrew Evans, Zoning Administrator 107 N. Kent Winchester, Va. 22601 RE: Subdivision of 60.761 acres for financing purposes only - Dear Mr. Evans, I have been requested to write a letter to state my intentions for the above mentioned 60.761 acres due to the subdivision reY.:est frcm my lender Ti=e Y?r--=cn BarrLk. It is my understandiLng that since :ray financing is gci c Secondary !^cr`z7age ar{er financ4I-I t_hdt the regL?latiGnS State t�acre-=,,7e at larger than 20acrescannot be accepted under F�&Lk/ =,-LMC reg? lotions. Therefore in order for me to secure acce-Dtable financing for -M" loan, i" was suggested that the lender The Marathon -ik only do my loan on a sLialler portion, of this 60 -- acres. We all agreed that 13.567 acres would be sufficient for bui_Ging rmy new home and for securing finar.�cing cn same. MY intentions for the 60 acres do not inclut?e k,7x buildinM of Arun ad1-14 _4r_�' homes, nor '—'-e de -;e: _eT the: e•G=. he (See attached S'�^C1�iiCe^ i.�l: _=e-- �,�L _ s=, .GV^r� Pa z 113 . 56 % 3CrcS :v�_ 1 e ?vier` i:y I7C`.i uTe_ J 11 'ce LCCm-- (Fe tta ^,e��-•1 - 'sight o� (p '�'' C- •- � prC]eC te`'i hCzTie ) and Pa_roel '3' di.19= cCiSs -i= nothing but 10 : wccds, with a deep hollow included, I w_11 use this proper ✓•, for my own: pleasure, enjcyrLent, caTfort, aid quiet peace of mnind! - I may build a bay? IF I decide to have farm animals, however, since t17.e prcperty is not fe:,.ced this is nct likely a: -.v ti -7e sccn, I -may also, b1:1 - eqLiipment sled for a tractor, etc.... t0 :iia- ta-i n the upkeep of :;,v intez'est rat3s are attactive at this tLT.e and I :d�3i. to '=- o�7 t�J .,C ..,_ L! -.a- is .o_f�a=7 !D .l� 1W�.l..e Y. ?1'e a..-- 30 C.?� and t_ --`e ex__ sir 30' reccir-''eC r i =-.v .?' as `_^.a ome 3^. on' , dCC?SS tc :!L%' F A R�.- - Thank you for your ccnsideration regarcinc, the correct zon4 n(:7 of t'.^:i S future site of my hcme. IUD Respectfully, Kenneth C. and Mary P. Lebo CC: lender NIX. Sce=�, sup-:e,or THE MARATH0N BANKGarng the distance for vou' W.inehe,ster/FAedeA,iek County Zoning Dept. a Andrew Fvan6, Zoning Adrn.i,ni6ttatoA 107 N. Kent W.inche,sten, Va. 22601 Dear Mn. i=vans, Operations P.O. Box 998 Stephens City, VA 2 1 -800 -526 -BANK RF: Request 6or wa.iveA regarding Right -06 -Way on pAopelcty Located at: Back Creek D-ifst,ict, 60.761 Tota acne6 FAeden.ick County, V•inginia CUAAent Cwnen: RoV6 H. Mie2zanez Bojcr-,owe,L: Kenneth C. and Mary P. Lebo I am vt-iting this Z.etter to address a eonceAn that has deveL-7)zd oven the proposed subd.iui,6 ion o6 the above stated 6anmtand. The Marathon Bonk hay approved a mattgage Loan bon MA. 8 Mrs. Kenneth Lebo on a new eonh-truction Qocated on the above stated pn.ope try. Due to out I nue-3ton' s FNMA/FHLMC guider') es and -LeguYa,ticils cue .the sender ane unable to make -loans on acreage tatger than 20 ae>res, due to the fact that any ttLaet o! Zand Patge�r ,than this, accG,Lding to tic-ir dez�n"tio;L exceeds rte aYT is .t C',j iQnd needed �Cn c`-,jab-U(-tGl, not -t' .71ei L UY' iiiQ r our Tnvest_on - they a, --e not in the bus c.nes s o� ma Etna .ioaYis o1 i ' a m s ..... Thv. o ore, a5 eUe have CGviC`uded j,'LCri -i.U`ne iG t' C ('Y' -t^e counties (as needed) survey out a smav�er po-Lt-ion o' .iand �.Lom the axis _ina tract and do -tile /-inancing on this smaZ, L traet....accond.ingiu, the.person own the eru`itce tLac.t hmaPie*cacti as wei? as the �?aLyeL .trac-t, ti;;z ova,,, d;i;; eL2r -,s .... the lJ-i-nancc'ng .i,s secured only by the smaL,,Ee_ •tLact 0,;'and. - 4 Lde had a -s �tuat-con in Shenandoah county some time bae�:, cL','lcLe a yen,t'er^aii a�teadu owned some 60 ae Les + o�z - and wanted -t0 -re j inaY2cc -2� s eats t.i;�_, Fai G�',_ mGntgQge to one U GuL rrJnGC7,rQY116,-ZGGUeL inLte�re5CUIY"et_�` venCC.��Ci, e` in i1t5 Leo'tis tip'-(ntzYlCcng ncodS`.L .'C/' and did ou-t- e aY' on -ti '' S acLe ra r�] , `' .�. r'i..r�d� aJ 11/.,i ar:�i ,.pit l• did -.nc? _ ( Cate tii�2t -they WGu�d GYL l �' ! 5 -ty nF, �tr« p��',�'�L-.tri wax evCL s:���u, Lha-� 5 acres cGuid not be sG-fid by ,.�se2�, but -that- the entite 60 acre tact incrudiYLu the 5 ae,Les was .to be conveyed t090 -the, -L. That the 5 acrp,i es was a^.Lo � ciY, oucd �inaYi� pu-raos es O!1Ly. The matter o�j alt fight-G�} -way was not a 'Usue 4.n ties case, as the owners dn.i,vewac/ accessed a major highway, the,rejo,Le when we did the. sLLLveu o6 .the Sive acnes we me Lety sLutueyed down one side G,-, the d- ueway and bac � up the othe,-, 'de and to -inc°ude the dwe.� ing which was ou,L s ecu ri-trr. 409 T(y Pike 1041 Berryville Avenue 300 Warren Avenue Wincheste , A 22602 Winchester, VA 22607 Frcnt Reycl, VA 22630 540-869-6600 540-869-4994 FAX 540-667-3297 540-667-3298 FAX 5.10-636-7%99 .�.:..'-''.: ',�.,�` � ,.� ;rte•-". = -- - �� _ ._._._ ___W..�... _ -. ... � ,.._ . ' ..._..... � _. _ .. THE MARATHON BANKGoing me msrance for you" Page 2 - Lebo Operations P.O. Box 998 Stephens City, VA 22, 1 -800 -526 -BANK In the matter o6 Mn. Lebo, not teatizing that the.ct was a po-tenti.a,P_ bon a pnobtem, we attemp.i.ted a loan ceos.ing on May 30th, 1997 addxess.ing two patce.is o6 .hand - one being paneet A 13.567 acnes which was to be our 6ecuA ty box hi,s 6-i.nane.ing, and paxcei 8 on 47.194 actes - thus totaiiing 60.761 acnes. i=an.2y Wednesday moaning I was .in6onmed o6 a 'dty ctos.ing' on .the subject pnopentu due ,to .the de.iay o6 .the signing o6 the subdivision o6 .the pnopenty .in question 6nom yowtss et6. Pen out conveuation on 6/5/97 it was stated that perhaps we... 'The Maxathon Bank' possibty ctos e on Mt. Lebo's pxopet-ty as a whole -i.. e. 60.761 acnes .th" attow.ing him to s,tatt his eons-ttuction o6 his home white waiting bon the session o6 ,the next Ptann.ing and Zoning meeting in Ju.iy, where we could peutition .the comm'iss'ion to attow the exi. ting 30' )Light -o6 -way to ,temain as the soQe eg,t25's .aid .ingress bon .the projected two panee°s -instead o6 the �tequi)ted 50' 'Li,2ht-o4'-:vac, as -ins ,Lequ-('1ted pe -t cu,, tent code. v Y I have attached a copy o6 a tetten 6,tom Mn. 9 Lebo addtessing h..i.,s intent -1: -ors bon his 6aAu-1.. , .. Pleas e xead ,the attached, as the cto tomer spe.U6 out .the -i t pian bon -theZt new home. I mu -5t 5-+a-2 rnTy eonce>tn ban the need o6 pethar5 amended codes of codes to add toss .this pe 6 '' .L' 2 ret5cn :i.�is y v s-<,tc�attion. I seme; acu eel=-t�1a�� eapabie and ab -;'_e to pELzcha5 e more pnopen ty than 5 a m e )'-�nanetng a,.,2;iu2s o6 or actzage -that- i.s .in excU.s 06 one o� the most ror� uZct tupe o6 6-nancina ave,- --around today !Secoada�ui Mathet F.inanc�ng) that -theit its a react need top ide -hzs homeawne with the •-upe a6 6inanccng they need, de3i.te and deserve to achieve goals. To cLos e the doors on this -type ob buue� s ,, °c� becous e -the-� 'cat" -"l; -as �e -to much ptope�tu pe -t some %zeguia.tior,5 at some iende. and to induce .t;ics-tc;t,e b,-- to c-to ob-tai.n � 4 nanc-inC that is not, was not and c au�d not have been choice is just- and un6a-i,4. LU u o C z Z ,,. Leho's orld.an5 ti; t1'.!i(-5 i..t??S -,: Jr�Cgr1L-U�-`.'al/ Wa�L'ed aY2�� 7� aLLI:U �- ttact o .i.and, t�tus et LJ G (% -[i ��.. LA �!t-ti. it {-_ L•��-moi (.7.-�.. a ,,.eady app,toved rio-,tgage Loan oi: -<« ; 5.561 the add-i,tioncLZ 47. 194 6a,tmiaytd. Fv -�mrand to -7er7a,in Lebo',s attached tetter. Option Two - adjoining t.and owr:eL app,toves o6 50' high -t -off -way due to Zoning and Ptanning Commission rejection o6 wa.iven of 50' night -o6- way. Thus exi,3ting 30' )r ight-o6-cvay to be widen ,to 50' Row. next page - 4095 Valley Pike 1041 Berryville Avenue 300 Warren Avenue Winchester, VA 22602 Winchester, VA 22601 Front Royal, VA 22630 540-869-6600 540-869-499.1 FAX 540-667-3297 540-667-3298 FAX 540-636-7799 5.10-636-92 Mm= 1�:�+w.•+w�watwW�-..-�wr'�.1-L.d... I THE MARATHON BA. V K 'uorng me aisranee far you " Page -three - Operations P.O. Box 998 Stephens City, VA 2�: 1 -800 -526 -BANK Option Tlvtee - Adjoining Land owner nejeet6 widening o6 the existing 30' RoW into a 50' RoW - thereby Sorci.ng Mn. Lebo to gain a 'Bank' approved mortgage Loan on the whole 60+- acres - on a 7 yeah Adjustabte Loan and/or a BaUoon Mortgage with interest nates at2ea.s one 6u.0 percentage point higher .than Seeondaruy Marcket now o6, ers. O; perhaps moving his mortgage to perhaps a .gender who s pec-iaiizes in 6/aAm ican6... T6 then quite simppy couQd be away to address tissues such as this 6o -that ate pcvrti:es invo.eved could come to a teasonabie and equitable agreement to allow 60r aV- panties to achieve their objective and not overstep codes and/or boundaries taid down to protect and/or en'oree our tocat government and the ordinances therec�. FYI: jon the .tzco,td, pethccps an -idea xiZ,I come 01 th�.5.... but I .tan r nt a bat�c�ce one time, who in ordZt to protect thei,t 4-nte,tes tJ in some Land they had sold (40 aueh out o6 700 acres) -thus e tenting a -Light-off -way into the s zders propetty past their home and onto the conveyed 40 acte5, made a stipulation .in the deed, in the Dorm o6 a ne,�t"c-tion, and it tead: ThZS Right-oi-Way sha°,e nun with the Land inthat, this 30' )Light-od-way shaZZ be used soReu �Gr the ingress and eg,tess c/, one di e<e ng anEy a' ' w.cU yc -t be ue Zcd tC aCcesS [i� y C -that dw'e•�Z.CngS Gt Cm^_- Uen1eY�L5 Z �� was c";weued by Deed dated to +-ir. 9 M,ts. Bt( the arse G' -this language.in the conveying Deed - wc,s aZZ that urs needed .to keep the said now subdiv.i.d prGpenty from being a hou5ing subdiv-Is'on with the need JGn a 3ta.te maintained -toadwau. The above case hcstoty ;Ua5 a eca;t I .lay: avross wh-i2e a Mortgage Loan 0,;ice,- 4.n the s -tate oz (vest V� to-inia. AIL. Evans, I want to thank you jor aU o j yowl heap and cons�.detation ucu g4.ven to this matte,-, and I pray we w.ie�. beab%e to ob.tcTin th_e yte�eSSGtu wave` .1 - G 1i1e SLC quC �d 50' fR ht Oj -'ay aita' ICZ. _` UAL � r Lebo' S pcctch��s v , .tine ja�.m. - I YLoLLEd a a Le4UL:.e l.lf;.,! a caU at 540 859 6600x10 t a L 't E Zeyt- Nave a good darn, and ptza3� adv�s e. o J yowl dee is io n - CC: 6 i,ee _�" �. LGnger�beam 4095 Valley Pike Winchester, VA 22602 540-869-6600 540-869-4994 FAX Y o urs 1041 Berryville Aven6`6, � Winchester, VA 22601 540-667-3297 540-667-3298 FAX ere,ey, els t Mc,ta.thon Bank- 300 anff 300 Warren Avenue Front Royal, VA 22630 5-40-636-7799 5d0-636-92' NOTES: t.) BOUNDARY SHOWN HEREON WAS DETERMINED BY A A FIELD RUN SURVEY PERFORMED BY EBERT do ASSOCIATES ON MARCH 20, 1997. 2.) THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3.) NO TITLE REPORT FURNISHED. 4.) SUBJECT PROPERTY IS LOCATED ON FREDERICK COUNTY ASSESSMENT MAP 47-A, PARCEL 8. O 300' 600' 900' SCALE 1" = 300' BEARING DISTANCES 69.56'10" E 362.52' E S 50'29'31" E 315.67'S 22'30'30" W 954.67'S 18'26'05" W 849.06' EBAR ?UND N U 0- q3 m C REBAR LU (FOUND) N o00 to v Cn KES M � ,ROSE q-I_APG 5�� 1p9 POINT OF 01301 BEGINNING "B 0� �� <913 69 S ��• 48' 16" BLACK OAK TREE ao cD d cv W O Ln N K) cn P1N�Or VA. RT. 61 POINT OF BEGINNING "A" REBAR (FOUND) h TRACT A 123.49 13.567 ACRES ORAINFiELD REBAR (SET) REBAR (SET) TRACT B 47.194 ACRES LE- E 5 S R T J 464 _.iVO Y X1.39 5a E rt Qi co SHEET 2 OF \ `\ JD \ \G M \�H �C Al p30' R/W 1� CD T/j NC', t\ Cc U .v Z mo / �cn /X >^ �a 00 a 6p1 �I 30' R\W ^v 0 rn ma its ^ QQN a O U v1 N O C w m N L Z O V ?CO O `t I CHESTNUT OAK 156 11 1 DIVISION OF THE PROPERTY CONVEYED TO N c v dR AtANI 351 ROLF H. MIELZAREK JpM� p8 AT AIi�.A tEEE MIELGxREK BACK CREEK DISTRICT FREDERICK COUNTY, VIRGINIA DEED BOOK 535 PAGE 702 SCALE: 1" = 300' DATE: MARCH 20, 1997 Ebert and Associates An H. Aubrey Hawkins Associates Ltd Company RnBERT C. .F ! eNfl i bNn Pi ANNIKV1 nn,n npur.rr �r\ VUUIN I -36 I 'Qi 520 si) 2A 2 3 28 JP' A, 2c 4 � h Q�r �O- 8A A A 7 0 88 � e GA c Y4,y FRE K /RE G 8, -Y. 6 C, 8 1 96 o 1L 2 vrs. 9A 9 z r" 96 9c 10 2pri 0 9 10 2prs 11 6 13 12 1 ��- 15C I a9P 14 46 4, r—� 154 17 "-' " Jams Map- Above 178'25'00- 12.014000 FT e Capon Ooo Fr I Ulu= - I To Wavwrml t W Vs w_• = 000 Fr JOkS lJ7Mf 23 3 23 HUNTERS VALLEY 23 e5o$ �Cf 23 HIGH VI HIGH V, 0 g ' 11 23 Z3 5 4 13 O 7 59 17 "-' " Jams Map- Above 178'25'00- 12.014000 FT § 144-4 FREDERICK COUNTY CODE § 144-6 specified in this chapter as authorized by the Board of Supervisors. The Subdivision Administrator is authorized to administratively approve or disapprove all divisions of land in the RA Rural Areas District and all divisions of land in all other zoning districts that are within an approved master development plan. The Subdivision Administrator shall have the authority to forward any division of land, subdivision design plan or final plat to the Planning Commission or Board of Supervisors for final approval. § 144-5. Interpretations and appeals. The Subdivision Administrator shall have the authority to make interpretations concerning the application of the requirements of this chapter. Any person aggrieved by an interpretation made by the Subdivision Administrator may appeal that interpretation to the Board of Supervisors, with a recommendation from the Planning Commission. Variations in or exceptions to the provisions of this chapter may be granted by the Board of Supervisors in cases of unusual situations or when strict adherence to the general regulations wculd result in substantial injusti-,e or hardship. § 144-6. Violations and penalties. All land divisions requiring subdivision approval shall conform to the provisions of this chapter. Any person, firm or corporation, whether owner, lessee, principal, agent, empicyee or otherwise, who violates any provisicn of this chapter shall be guilty of a misdemeanor. Upon conviction of said misdemeanor, the guilty party shall be subject to a rine up to onethousand dollars ($1,000.) per day or incarceration as prescribed by the Code of Virginia. (Cont'd on page 14.11:;) 14414 7-10-9e § 144-30 FREDERICK COUNTY CODE § 144-31 monuments shall be of stone or precast concrete, not less than four (4) inches square or four (4) inches in diameter and appropriately scribed with vertical and horizontal controls. § 14431. Rural subdivisions. The requirements of this section shall apply to all subdivisions of land zoned RA (Rural Areas) under Article V of Chapter 165, Zoning, of the Frederick County Code. A. Design standard exemptions. Rural subdivisions shag -be exempted from the following design standards: (1) Section 144-17L, Curbs and gutters. (2) Section 144-18, Sidewalks and pedestrian walkways. (3) Section 144-19, Streetlights. (4) Section 144-25, Utilities and easements. S. Major rural subdivisions. (1) Any subdivision which results in a cumulative total of more than three (3) lots being divided from a single parent parcel within the RA (Rural Areas) Zone shall be considered a major rural subdivision. Lots described in § 165-54B, Family division lots; and § 165-54C, Agricultural lots, of Chapter 165, Zoning, of the Frederick Ccur,ry Code, shail not count toward this three -lot limit. Prior to review and approval of final plats for such divisions, a preliminary sketch plan must be reviewed and approved by the Zoning Administrator. (2) Access. All roads serving lots within a major rural subdivision shall be built to the Tertiary Subdivision Street Standards of the Virginia Department of Transportation and dedicated to Frederick County for eventual acceptance into the state secondary road system. (Amended 6-9-1993) C. Minor rural subdivisions. (1) The division of the 'oilc\,ving ��pes of 10-5 are permitted under the regulations for mincr rural subdivision: 14434 10-25-93 4 SIM § 144-31 SUBDIVISION OF LAND § 144-32 (a) Lots described by § 165-548, Family division lots; and § 165-54C, Agricultural lots, of Chapter 165, Zoning, of the Frederick County Code. (b) Lots described in § 165-54A, Traditional five -acre lots, and § 165-540, Rural preservation lots, provided that a total of no more than three (3) such lots may be created from any one (1) parcel under these regulations. (2) 'Shared private driveways.' Vehicular access to minor rural subdivisions may be provided by means of shared private driveways. ,The owners of lots provided with access via such driveways shall be responsible for the improvement and maintenance of said driveways. When shared driveways are used, the Subdivision Administrator shall be provided with copies of the deeds of transfer. Such deeds shall contain the following language: The proposed shared private driveway is not built according to street standards of and will not be maintained by the Virginia Deparrmer;t of Transportation or the County of Frederick. The improvement and maintenance of said driveway shall be the sole responsibility of the owners of lots which are provided with access via the driveway. Said shared private driveways will not be considered for inclusion into the state secondary system until they meet the applicable construction standards of the Virginia Department of Transportation. The cost of bringing said driveways to acceptable standards shall not be borne by the Virginia Department of Transporta,ion nor by Frederick County. (3) Minimum width for shared private driveway_ The minimum rich, - of -way width for a shared private driveway shall be fif,y (50) feet § 144-32. Property owners' associations. A. Intent. The intent of this sec,ion is to recuire the es -a its en, of a nonprofit org n;zat on to be k own as the r er- � mer 'pap.. �y c��, association." The Properly o�w,ner5' assoc,a,icn shail be Crect�C by the subdivider. The property owners' association shail be financially responsible for its own operations and shall be charged with the continuous maintenance and management of all common areas, 0 14435 10-25-43 Article X Business and Industrial Zoning Districts §165-82 District use regulations. B. B2 Business General District. The intent of this district is to provide large areas for a variety of business, office and service uses. General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have good direct access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be provided, and access should be properly controlled to promote safety and orderly development. Nuisance factors are to be avoided. Standard Industrial Classification Allowed Uses (SIC) Conditional Uses Uses permitted with a conditional use permit shall be as follows: Adult Retail uses meeting the requirements of this chapter -- and with the following conditions: (1) Such uses shall be located at least 1, 000 feet from an existing adult retail use, school, church, parks, day care, and residential uses and districts. (2) Such uses shall not be permitted in shopping centers andlor multi -use buildings. (3) All merchandise display areas shall be limited to enclosed structures. (1) Any business signs shall not exceed a maximum of 25 square feet. Definition: ADULT RETAIL - Retail establishments for which 25 percent or more of its business is derived from the sale or rental of adult video. magazines. or similar paraphernalia. ARTICLE XVI IA Interstate Area Overlay District [Added 5-10-19951 x'165-116. Intent. The IA Interstate Overlay District is intended to provide commercial businesses within an identified area the ability to utilize business signs that are in excess of the limits specified in'165- 30 of this chapter. This flexibility is provided to inform the traveling public of business service opportunities at specific interstate interchange areas. The standards within this Article are designed to allow for additional visibility for commercial businesses while minimizing negative impacts to thetraveling public ani residential properties that are adjacent to or within the proximity of the overlay district. Established boundaries are based on reasonable sight distances and policies set forth in the Comprehensive Plan and are intended to designate each interstate interchange area and provide guidance for considering the addition of subsequent properties. '165-117. District Boundaries. Properties that are included within the Interstate Area Overlay District shall be delineated on the Official Zoning Map for Frederick County. This map shall be maintained and updated by the Frederick County Department of Planning and Development. '165-118. Establishment of districts. A. The Frederick County Board of Supervisors may apply the Interstate Area Overlay District to properties within the proximity of interstate interchange areas upon concluding that: (1) The property is in conformance with the idealized interchange development pattern recommendation of the Frederick County Comprehensive Plan. (_) The pioposed business sign The:- p.. men of a,sign meeting the requirements of this section will not have an adverse impact on adjoining properties whose primary use is residential. (3) The property has met the requirements of Article II of this chapter, as well as the requirements of '15.1-491(g) of the Code of Virginia 1950, as amended. B. The Interstate Area Overlay District shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land within the Interstate Area Overlay District shall also be within one (1) or more zoning districts as specified within this chapter. The effect shall be the creation of new zoning districts consisting of the regulations and requirements of both the underlying zoning district(s) and the Interstate Area Overlay District. '165-119. Qualifying criteria. A. On, prope4y that is delineated on the-:Officlal Zoning:M as being part of the Inters Overlay Distt ctlhe following uses, 'lien permitted by the underlying onrng shall be authorized to erect a commercial business sign that is of a greater height and size is permitted in the under! i i "istrict, provided that the business sign complies with the requirements of '165-120 of this Article. Such coiximercial: husiness signs complying with the requirements. o f "' I65 -120 of this, :Article shall herein -after be. referred. ,; to as interstate overlay;;sgri,,; AHowed Qualifying Uses Standard Industrial Classification (SIC) General merchandise and apparel stores 53 and 56 Automotive dealers and gasoline service stations 55 Eating and drinking establishments Hotel and lodging establishments 70 B. the Qualifying uses specified under T"165 -119A that are authorized on property through the issuance of a conditional use permit in the RA Rural Areas District may be entitled to erect an commerciai busines interstate'oveflay sign that is of a greater height and size than is permitted in the underlying zoning district, provided that the property has met the requirements of Article III of this chapter, the business sign complies with the requirements of '165-120 of this Article and the qualifying use is located on property that is delineated on the Official Zoning Map as being part of the Interstate Area Overlay District. '165-120. District regulations. A. Permitted signs. (1) Interstate overlay signs. (2) Signs permitted in the underlying zoning district(s). B. Prohibited signs. (1) Off -premises business signs. (2) Signs prohibited in the underlying zoning district(s). C. Number of freestanding commercial business signs. (1) Any peimitted primary use in On any parcel within the Interstate Area Overlay District may-ereet one (1) business interstate overlay sign that complies with the requirements set forth in this Article may be erected. D. Setback requirements. (1) b All portions of an interstate overlay sign shall be set back a minimum of ten (10) feet from any lot line or property boundary line. (2) When any freestwiding commereial business interstate overlay sign whichexceeds the height requirement of the underlying zoning district(s) and is located on property that adjoins or is across a right-of-way from property that is in the RP Residential Performance District or the HE Higher Education District, or, any property which has a residence as its primary use, the setback shall be the normal setback plus one (1) foot for every foot over the maximum height of the underlying zoning district(s). Ila i 6 .:-- — ------------ The Planning Commission may waive a portion of the setback described in '165- 1201)(2) or 'i65 i2E)Df3) if the deveieper eannot nt itcan 'be demonstrated the setback requirement cannot bemet due to the frt6gWar size or shape of the parcel. E. Spacing requirements. The spacing requirements w beteen an for wiy "interstate: .... .......... . . 9yerlay sign in -the fnterstate Area Overlay District or'a"nd'.signs.iri the underlying zoning district(s) shall comply with the requirements in '165-30F of this Chapter. F. Sire reqtfirements. Maximum size. (1) The message portion of any freestandi - 'al btisiness No interstate overlay sign that meets the re . i . )f this A, t shall n-ot exceed a total of three hundred (300) square feet in area. and shaH not be located less than twenty five (25) feet in height frorn the base of the -s*- Fole. When ::. More jhah :one .... qualifying use' e : is, located on: asingle pdrc.eL within. ..the Mtefstaie: Area 0'�erlay.DistriOt 4�Sffi-le,stjpportstructure ' ma 'L y: e ...... .. g b erected ;which con.tain.sone or more Signs, ffi'e to'W' combined §Qbaie. . footage `of:which L shallnot exceedfive hundred ,:(500)' square fiee in area. G. Illumination. (1) Neither the direct nor reflected light from any illuminated business w i nerstate overlay sign shall create glare into or upon any building or property other than the building or property to on which the business interstate overlay verlay sign is permitted to -be located. (2) Neither the direct nor reflected light from any illuminated business interstate overlay sign shall cast Oar� onto . :a I publ cAhoroughfa ... - - � I i ... ... 1. - . re,, so as ... o create a traffic hazard to for operators of motor vehicles. -. �VVAO-Vvnm pa When ::. More jhah :one .... qualifying use' e : is, located on: asingle pdrc.eL within. ..the Mtefstaie: Area 0'�erlay.DistriOt 4�Sffi-le,stjpportstructure ' ma 'L y: e ...... .. g b erected ;which con.tain.sone or more Signs, ffi'e to'W' combined §Qbaie. . footage `of:which L shallnot exceedfive hundred ,:(500)' square fiee in area. G. Illumination. (1) Neither the direct nor reflected light from any illuminated business w i nerstate overlay sign shall create glare into or upon any building or property other than the building or property to on which the business interstate overlay verlay sign is permitted to -be located. (2) Neither the direct nor reflected light from any illuminated business interstate overlay sign shall cast Oar� onto . :a I publ cAhoroughfa ... - - � I i ... ... 1. - . re,, so as ... o create a traffic hazard to for operators of motor vehicles. -. H. Maintenance and permits. (1) All signs that are erected in the Interstate Area Overlay District shall meet the maintenance and permit requirements as specified in x'165-301 and —165-30J of this Chapter. (2) Appropriate easements shall be secured by any property owner that desires to erect an business 'interstate overlay sign in confontiance with dnts of this Axticie prior to the issuance of a sign permit in order to ensure that required maintenance can, be preformed. does not have atoining Pt epeit ties -.- 1. Permitted heights. (1 All rnterstate._Qverlay signs shall be Iocated a_:min mum cif twenty fiv6'0) feet in height above::the base of the sign support structure. (2) The maxi height for .interstate overlay signs shah be determined by the ;n.. e...a...r.est interstate ex.it;number and;shalI be based on -an elevation above nein sa level .as ..... . set outbelow.% Maximum Business Sign Height Exit Number (feet above mean sea level) 302 760 307 800 310 805 313 $05 315 750 317 815 321 700 323 710