HomeMy WebLinkAbout05-14 CommentsNO
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November 11, 2014
Re Rezon-ing CB Ventures --Aylor Road
County of 'Frederick'
Department of Pu-blic'Works
1,07 N. Kent St,
Winchester, VA 22$01-51000
Dear Mn Strawsnyder,
Per- your attached comment letter dated June 30, 2014, we have made the following revisions.
sibns.
1. Suitability ofthe Sit'O: discussion has been,expanded as requested. An Environmental'
8fteAssOssment was, performed before the isell Of property to, CB'Venture& No
contamination was -fbund. I have, attached a copy of thereport,for your use,
2. Refer to Drainage' noted. and adjusted.
3. Refer%to Solid Waste, Disposal Facilities:, noted and, adjusted.
Thank you f9r.your help'intIli-s,process, If you have any questions,, give mesa call.
Sincer I
Y,
Ben C. Mont e PE
4-�t-
41C'� c ®G
COUNTY of FREDERICK
u Deparient o f Public Works .
5407645 -5643
FAX: 5407678 -0652
June 30, 2014
Mr: Ben. Viontgomery P.E.
Montgomery neoruig Group; Inc
E
- -- —
132, SaddlebackLane
Winchester, Virginia 22602
RE: Rezoning Request for .1033 Aylor Road Lots °TM# 74((A)) — 104and 105 `
Frederick County; Virginia
Dear 'Mr. Montgomery::,
We have completed: our revieww of your proposed rezoning request - for'the subject lots at 1033': .
Aylor Road,and' offer the following comments:
I. Refer to Suitability of the Site: Expand: the:discussion,to.indicate'that lot 105'was' once occupied
bya gas ,station. The 'disposition of the underground "fuel storage tanks> should beaddressed im the
discussion.
2. Refer to Drainage: Any future4rainage design shall be performed in =accordance with- Frederick
County's recently adopted stormwater. ordinance #143. Also, any future stormwater designs
should mimmizeany flows directed toward the existing residential development:
3. Refer to "Solid Waste :Disposal Facilities: The discussion'. should indicate-that the 0"
roperty owner
will,be responsible for solid waste dis osal_includin haulm
p g g and; disposal. Frederick County
does norprovide thisservice for commercial property.
I can.be reachedat722 -8214 if you should' have =any questions regarding the above comments.
Sincerely;
OAA" I
C.
H trawsnyder," Jr., ,_E:
Director -of Public Works
HES /rls
cc: Planning and Development
file
1,07 North.Kent'Street, SecondFloor, Suite 200 a. Winchester -, Virginia 226,01 -5.000
II -
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COUNTY of FREDERICK
Department of Public Works
540/665 -5643
FAX: 540/678.0682
Novemb :er 14,, 2014.
.Mr. Ben Montgomery,P.E ,
1VTontgomer,y Engineering Group, :Inc_
I.N Saddleback Lane
Winchester, V'rgmia 22602
RE: Rezoning Request Sor CB Ventures, •LLC — Aylor Road
Frederick,County, Virgm a
- :Dear Mr. Montgomery:
Your letter dated November 1,'2014 has adequatcly,addressedour review comments
dated June 30; 2014. Therefore, we;grant.our approval.of`fhe;,proposed "rezoning of lots TM# 74
((A))' - 104 and LOS aocated on AylorRoad inTrederick County, Virginia.
Sincerely,
Harvey E., S.trawSnyder, Jr:, ,P.E:
1) re.ctor`of-Public Works
RESXrts,
cc: `Planning and,�Devetopmenf
107 Worth Kent Street, Second Floor, -Suite 200 o Winchester, Virginia 22'601. 7500.0
Mail to: Hand deliver to:`
Frederick County Fire, Marshal Frederick County Fire & Rescue Dept:.
1800 Coverstone Drive- Attn: Fire Marshal
Winchester, Virginia.22602 Public Safety Building
(540) 665 -6350 1800 Coverstone,Drive
Winchester, Virginia
Applicant: PleaseBl out the information as accurately as.poss<ble m order to assist the Frederick County
RireMarshal:with;his his-'r'e-v'ie'w'. Attach a;copy of your application. form, location:map,vroff_ er statement,, . •�
impact analys><s, and anvother pertinent information.
Applicants Name: Montgomery°Engineering Group, Inc. TelepliOne: 540-974 -7382
-
132 Saddleback Lane
Mailing Address:. _
Winchester, VA 22602
beri @MEGinc:biz:
Location of. property: 1,033 Aylor Rd:,
Stephens City, ,VA 22655:
(TM #74 - (Ni -1'64 & 105)
Current zoning: Zonin g re q n
ested; B2 Acrea g0 2.42
Fire Marshal's Comments:
Fire Marshal's,Signature &;Date: l -
Notice to,Fire:Marshal Flease,Return This Form.to the Applicant
-22
RECEhVED JUN 2.3 2014
Control number
Date received Date reviewed, Date Revised
RZ 14 - 0002
6/23/2014 762014'
Project Name
Applicant
103,3 Aylor Rd4 jots)
- Montgomery Engineering Group„ Inc.
Address
City State Zip Applicant Phone
132,Saddleback Ln , ,; _
Winchester VA 22602 540- 974-7382
Type,Application
TaxJD Number, Fire =District: Rescue District.
Rezoning
'14-A46424,10.5 11 11
Current'Zoning
Election District
131
Recommendations Opequon
Automatic Sprinkler System
Automatic Fire:Alarm'System Residential.Sprinkler`System
Yes
Yes No
Other recommendation
R
"
R@q!E,j(re.menis
Emergency'Vehicle?Access
Hydrant Location Fire Lane,Required 1
Adequate
Adequater `Yes
Siamese Location
Roadway /Aisleway Width Special Hazards
Not-Identified.
,Adequate No
Emergency Vehicle.Access`Comments
Access:Comments
Mike Rudd;
From: Rod Williams
I Sent: Thursday, December 04, 2014;4:18. PM
To: Mike Ruddy
:Subject: RE: CB; Ventures example proffer language.
Attachments: CB Ventures - proffer review to Montgomery 2014.12.pdf
Mike.,
I am sending my latest comment letter (attached) on this. I did not necessarily want to
''suggest there all of the language, but if you want to follow up with them, if`they seemed open to that,
!and subject to my changes /comments below, I have no problem with that.
'eel
Site Development.
1. Property Access.
,Pro.perty access shall be via the two new entrances shown on GDP from Relocated Aylor Road, as
approved by VDOT. Temporary access to the property may, in the interim, be via entrances on the
iexsting portion of Aylor Road, as approved by VDOT, until such time the right of way for the future
�Aylor Road realignment improvement project is
`constructed. This temporary access may cross the area identified for right of way dedication,.
ImproVements necessary to utilize the two new entrances shown on the GDP after the conveyance
shall be the responsibility of the Applicant,
Clearly show new entrances on GDP and label.
COMMENTS: The first change relates to the fact that the access really changes upon
;construction, not conveyance. Re the italicized sentence;] am not sure it is fair (or
(perhaps it is unclear — add "internal ", to "improvement's " ?).
2. Right of way dedication.
;The Right of 'Way for the future Aylor Road Realignment improvement: project 'shown on GDP shall.
be conveyed for the development of said road to the Commonwealth of Virginia 90 days of 'a written
request from either VDOT or Frederick County..All site development shall occur on the area outside
of the area identified for future right of way dedication. The only exception to this requirement being
the temporary access identified in Proffer 1.
-, Clearly show area of right of way dedication on GDP and label.
;COMMENTS;: About the italicized senten`ce,. I know that we try to do:'this with 37, but I `think
that where there is actually a proffer to dedicate that effectively limits the owner from
building in that area.
3. Lighting.
M �rvu �Ime
November 1,, 2.014
Re; Rezoning CB Ventures — Aylor Road
Frederick County Sanitation Authority ;.
PO Box 1877.
Winchester, VA 22604 =837.7
Dear Mr. Weindel" -
Per your attached corriment letter .dated June 6, 2014 and clarification email dated September 81;
2014, we have made the following revisions.
1. The. plan submitted did not clearly indicate the carwash shown is an existing, caiwash.
The: plan has been changed to reflect this current condition. This, carwash may or may
not be a, part of future, developments.
2. 'We determined that the worst case "land' use4rom a water 1 sewer standpoint would be a
,Hotel., Our calculations indicate water usage forthe maximum size hotel that would fit on
Jot to'be 38;000 sf.with an average monthly usage between 200,000-and 300,000 gallons
per;month. That has: beers, added toi the Impact Analysi's Statement., The current; line
sizes will work for`this quantity.,
3: Should a wastewater collector be used, that °would be a part oNhe Site. Plan Review
process and not to be included, here.,
Thank you for your help In this.process.. If-you have any questions, 'give me a call.
Sincerely,
Ben G. Montgomery ,PE'
Ben Montgomery
From: Earl Wiley <ewiley @fcsa- water.com>
Sent: Monday, September 08; 2014,9:52 AM
To: Ben Montgomery
Cc: Uwe Weindel
Subject: RE` 1033 Aylor Road. Rezoning
Ben,
Uwe has requested that you provide the flow data expected from the site as well as any info on any manufacturer's info
on.any oil separator for a car wash operation you expect to use.
Also, will a waste water collector-for reuse be used?
Regards,
Earl
Frederick County Sanitation Authority
From: Ben Montgomery [mailto:ben@)meginc.bizI
Sent: Wednesday, September 03, 2014 10:07 PM
To; Earl Wiley; Uwe Weindel
Subject: RE: 1033 Aylor Road Rezoning
Earl,
I received comments on the above referenced rezoning application from Mr. WeindeL I have added what I think could
,be his email address to send to him as well, but not sure if I have-the correct address. Please forward if I did not.
Mr. Weindel,.
In your comments you asked for technical analysis of the existing sewer system and existing water"system'to be
:served. I frankly have never done this type of analysis. I can easily produce an estimate of water demand and potential
waste supply needed. I would need your help to give me the current water and sewer flow rates. I would also need
your help to properly make this determination either by you personally or if you have an example of a previous
calculation that met your requirement please forward to me. Would you have time to discuss this matter ?`
Email is the best way to reach me, but I will return your call if I am not available should you call.
Thank you,
Ben C. Montgomery, PE
Montgomery'Engineering Group, Inc:
(540) 974 -7382 cell
www.MEGinc.biz
From: Earl Wiley [ mailto :ewilgy(afcsa- water.com]
Sent: Thursday, June 05, 2014 1:25 PM
To: Ben C. Montgomery
Subject: 1033 Aylor Road
Ben,
Please find attached, an overall map and site drawings.
Also; this is the best email address to use for me.
Regards,
Earl W. Wiley
Engineering Assistant
540.868.1061 Extension 15
Frederick County Sanitation Authority
Physical Address: 315 Tasker Road, Stephens City VA.22655
Mailing. Address: P.O. Box 1877, Winchester VA.22604
Websitea www:fcsa- water.com
s
Post Office Boa 187.7
Winchester Virginia 22604 -8377
June 6, 2014
Mr. Ben C. Montgomery
Montgomery Engineering Group, Inc.
132 Saddleback Lane
Winchester, Virginia 22602
Ref: Rezoning Plan Comments
1033 Aylor Road
Tax Map # 75 -A -1:04 & 105
Dear Sir:
Pli: — (540)868 =1061
Fax — (540)868 -1429.
wwwAsa- water.com
Uwe E. Weindel, P.E.
Engineer - Director
Per your request, a review of proposed rezoning plan has been performed. The Frederick County Sanitation
Authority offers comments limited to the anticipated impact/effect upon the Authority's public water and sanitary
sewer system and the demands thereon.
The parcel is in the water and sanitary .sewer area served by the Authority. Based on- the location both water
service and sanitary sewer service, is available within a reasonable distance from the site: Sanitary sewer treatment
capacity at the waste water treatment plant is also presently available. Sanitary sewer conveyance capacity and,
layout will be contingent on the applicant performing a technical analysis of the existing sanitary sewer system
within the area to be served and the ability of the existing conveyance system to accept additional load d. Likewise,
water distribution capacity will require the applicant to perform a technical analysis of the existing system_ within
the area to be served to determine available capacity.
Water and sanitary sewers are°to'be constructed in accordance with the FCS.A standards specifications.. Dedicated
easements may be requires and based on the layout vehicular access will need to be incorporated into the final
design.. All easements :should be, free from any encumbrance including permanent structures (fences, signs, etc.)
and landscaping (trees, shrubs, etc.).
Please be aware that the Authority does not review or comment upon proffers and/or conditions proposed or
submitted by the applicant in support of or in conjunction with this application, nor does the Authority assume or
undertake any responsibility to review or comment upon any amended proffers and/or conditions which the
Applicant may hereafter provide to Frederick County.
Thank you;
Uwe E. Weindel, PE .
Engineer - Director
WATER'S NORTH IT
Rezoning Comments
Frederick - Winchester Service Authority
Hand deliver to:
Ma— ail to. Ered -Winc Service Authority
Fred -Wind Service Authority �,�: Jesse W. Moffett
Attn: Jesse W. Moffett, Executive Director 107 North Kent Street
P.O. Box 43
Winchester, Virginia
Winchester, Virginia.22604
(540) 722 -3579
Applicant: Please fill out the information as accurately as possible in order assist the Fred Winc Service
p proffer' statemehV
_.. - Authority with tlieif review. Attach a copy -of your application`form location ma ,
impact' analysis, and any!other pertinent information.
Applicant's Name:
Montgomery Engineering Group,. Inc. Telephone: -----974 --
Mailing Address: 132 Saddleback Lane
Winchester, VA 22602
ben @MEGinc.biz
Location of property: 1033 Ayior Rd.
i Stephens City, VA 22655`
j (TM #74 - -((A)) - 104 & 105)
i
Current zoning:
81 Zoning requested: B2 Acreage: 2.42
FFF,red-Winc Service Authority's Comments:
tjo
Fred -Winc Service A ty'sr ®� �`•yyJ��.
Signature & Date:
Notice to, Fred -Winc Service Authority - Please Return .Form to Applicant
33
MONTGOMERY
£Ngineering �r�up, �hc.
�4
November 1., 2014
Re: 'Rezoning CB Ventures — Aylor Road
County.;of Frederick:
County Attorney
i 1.07 M -Kent St, -
Winchester;, VA.22601 -5000
Dear Mr,
Per °your atfached, comment letter dated August 14, 2014, we hare, made the following revision "s.
1;.; Change made,asspecified.
2.. Change ,me de as.-so e-cifi6d.
& Note for date changed . °to;reflectcurrent;drawing revision: Statement added concerning
entrances'.
4. Land uses that will not be allowed. per the proffer statement have been added.
5. This proffer 'is affective when VDOT begins the,Aylor Road realignment and. ends upon .
changes,to'the VDQT 6 Year Plan•Where` the: realignment Is n0 longer being considered;
Statement,added to -that effect, Proffer is:torthe Commonwealth as stated.
6. No Comment
7. Signature lines added. Signatures shall be made at time of acceptance by ;County
Attorney.;
Thank you foryour help in this process. ,If'you have any questions; give mega call,
V ly,
ontgomery, PE
i
COUNTY of FREDERICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mail:
rwillia@co.fredefick.va.us
August: 14, 2014
VIA E-MAIL — benOMEGifie.biz AND REGULAR MAIL
Mr. -Benjamin C. Montgomery
1-01-1190rlic;Ty A-Algineeprig thou p' Inc.
132 Saddleback Lane'
Winchester, Virginia 22.602
Re: Rezoning Application — CB Ventures, LLC
Parcel.Numbers 74 -A -104 and 74 -A -105, consisting of 2.42± acres (the
Properties")
Proffer Statement dated May 121, 2014
Dear Mr. Montgomery:
You -have. submitted to Frederick County for review the above'referenced proposed
proffer statement (the "Proffer Statement") for the proposed rezoning of the Properties, in the
Opequon Magisterial District, from the 131 (Neighborhood Business) District to the B2 (General
Business) District, subject to proffers. lhave-now reviewed the Proffer Statement and it is my
opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick
County Zoning Ordinance and the Code of Virginia, and would be legally sufficient: as a, proffer
statement, subject to the following comments:
I First. * introductory paragraph - The,: last sentence defines the term "rezoning ", but to be
C')r-isistei-at With tlhe° e'arner language in the Paragriph.'i"ihe'defin*ition-sh"o'u'l'd--'b'-'e*^"t-h�a't-o-*
the term "final rezoning"-
2. Second introductory p4ra . graph — The term "Applicant" should also include the
current owner of the Property.
3. Second introductory paragraph — In the reference to the Generalized Development
Plan
11 ("GDP"), the revision date of the plan accompanying the materials, submitted
bears a revision date,of May 30, 2014 and not May 13, 2014. Also, the Proffer
Statement,does not state a time or event by which a reductioii to the two entrances-
shown on the GDP will occur and by which the additional entrances will I be closed.
1 14
107 North Kent Street Winchester, Virginia 22601
Mr. Benjamin C. Montgomery
August 14,,2014'
Page.2
4. Proffer 1 — The proffer does not actually,state an obligation, as it simply reiterates the
premise of the rezoning application that the requested rezoning is to the B2 District
and therefore to allow such uses.
Y.
5. Proffer 2:
a. The proffer does not state a specific time or event by which the dedication of .
the right-of-way for the Aylor Road realignment will occur.
b. Staff should be aware, that the obligation to dedicate the, right -of -way is
ineffective if new development does not occur on the Properties.
c. The.'proffer - should clarify that the right -of -way dedication would be either to
the Commonwealth or the County, as appropriate.
d. Staff should be aware that the right -of -way dedication does not necessarily
address the,impacts of a 30 %.increase in vehicle trips to /from,the Properties,
as identified'in the impact analysis accompanying the application materials:
For instance, the proffer does not provide for any turn lanes. The relocation of
Aylor Road does not necessarily increase the capacity of that facility itself, as
opposed to allowing greater functionality of the intersections along Route 277,
including the intersection with Aylor Road.
6. * Staff 'should be aware that the impact analysis accompanying the application
materials asserts that the county's tax base "will increase with only minimal service
requirements Staff may wish to ,undertake independent. analysis.
7. Signature — The signature should indicate that it is.on behalf of CB Ventures, LLC as
owner of the Properties and state the capacity /title of the person signing. At present,
the signature is only that of.Mr. Craun in his personal capacity and: would not be
effective to bind CB Ventures, LLC.
I have notreviewed the substance of the proffers, as to whether the proffers are suitable
and Approp .- or'diis c s it.is my.tinderstandifi& that, th_at- review will be...-
done by staff and the Planning Commission.
Sincerel yours,
Roderick B. Williams
County Attorney
cc: Michael Ruddy; AICP, Deputy Director of Planning and. Development (via e-mail)
Rezoning Comments
Town of Stephens City.
Mail to: Hand deliver to:
Town of Stephens City Town of Stephens City .
Attn: Town Manager Attn: Town Manager
P.O. Box 250 Stephens City Town.Hall
Stephens City, Virginia 22655 1033 Locust Street
(540) 869 -3087 Stephens City, Virginia
Applicant: Please fill out the information as accurately as possible in.order to assist the Town of
Stephens City with their review Attach. a_ copy of your application form, location map, proffer
statement:iinpact analysis, and any= oth�rpertinent�inforination : "' -- -� � ''
Applicants Name: Montgomery Engineering Group, Inc. Telephone: 540 -974 -7382
Mailing Address: 132 Saddleback Lane
Winchester, VA 22602
ben @MEGinc.biz
Location of property: 1033 Aylor Rd.
Stephens City, VA 22655
(TM #74 - ((A)) - 104 & 105)
Current zoning: B1
Zoning requested: B2
Acreage: 2.42
Town of Stephen City's Comments:
Town of Stephens City's
Signature & Date: m-.- -- G /y
Notice to the Town of Stephens City - Please Return Form to Applicant
28