HomeMy WebLinkAbout07-05 ApplicationJune 24, 2005
T. Pat Manning
PO Box 580
St. Peters, MO 63376
RE: REZONING #07 -05 OF MANNING PROPERTY
Dear Mr. Manning:
C O
This, letter serves to confirm action taken by the Frederick County Board of Supervisors
at their meeting on June 22, 2005. The Board denied your request to rezone 9.442 acres
from M2 (General Industrial) District to B3 (Industrial Transition) District and IA
(Interstate Overlay) District, and 2.736 acres from RA (Rural Areas) District to B3
(Industrial Transition) District and IA (Interstate Overlay) District with proffers. These
properties are located approximately 350 feet south of the intersection of Rest Church
Road (Route 669) and Martinsburg Pike (Route 11), between Martinsburg Pike (Route
11) and I -81 and continuing south to Duncan Run, South of the Whitehall Exit (Exit 323),
and identified by Property Identification Numbers 33A -A -12, 33A -A -13, 33A -A -14,
33A -A -15 and 33A -A -15A in the Stonewall Magisterial District.
Section 165 -11 of the Frederick County Zoning Ordinance requires a minimum period of
12 months to elapse before the consideration of another application for rezoning of
substantially the same land to the same zoning district designation.
Please do not hesitate to contact this office if you have any questions regarding the denial
of this rezoning application.
Sincerely
Michael T. Ruddy
Deputy Planning Director
MTR/bad
cc: Lynda J. Tyler, Stonewall District Supervisor
John H. Light, Stonewall District Planning Commissioner
Jane Anderson, Real Estate
em: Charles S. DeHaven Jr., Stonewall District Planning Commissioner
CK
Department of Planning and Development
540/665 -5651
FAX: 540/665 -6395
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
REZONING APPLICATION #07 -05
MANNING PROPERTY
Staff Report for the Board of Supervisors
Prepared: June 10, 2005
Staff Contact: Michael T. Ruddy, Deputy Planning Director
Tltis report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 06/01/05 Recommended Denial
Board of Supervisors: 06/22/05 Pending
PROPOSAL: To rezone 9.442 acres from M2 (General Industrial) District to 83 (Industrial
Transition) District and IA (Interstate Overlay) District and 2.736 acres from RA (Rural Areas) District
to B3 (Industrial Transition) District and IA (Interstate Overlay) District with proffers. The total acreage
to be rezoned 83 and IA with proffers is 12.178 acres.
LOCATION: The properties are located approximately 350 feet south of the intersection of Rest
Church Road (Route 669) and Pike (Route 11), between Martinsburg Pike (Route 11) and
1 -81 and continuing south to Duncan Run, south of the Whitehall Exit (Exit 323)
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER(S): 33A -A -12, 33A -A -13, 33A -A -14, 33A -A -15. and 33A -A -I5A
PROPERTY ZONING: M2 (General Industrial) District and RA (Rural Areas) District.
PRESENT USE: Vacant and Residential
ADJOINING PROPERTY ZONING PRESENT USE:
North: RA (Rural Area) Use: Commercial Gas Station
South: RA (Rural Area) Use: Vacant
East: RA (Rural Area) Use: Residential /Vacant
West: B3 (Industrial Transition) Use: Commercial Truck Stop
PROPOSED USES: Gasoline Service Station (No proffered restriction on uses)
Rezoning #07 -05 Manning Property
June 10, 2005
Page 2
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have significant measurable impact on Route 11. This route is the VDOT roadway which
has been considered as the access to this property. VDOT is satisfied that the transportation proffers
offered in the Manning Property (Mr. Fuel /Arogas) rezoning application dated August 2004 and lane
configuration drawings submitted by Triad Engineering on April 6, 2004 addresses transportation
concerns associated with this request. All transportation proffers offered in the August 2004 rezoning
application and impact analysis statement shall be implemented to the satisfaction of VDOT and
Frederick County prior to the issuance of any occupancy permits. Before development, this office will
require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow
data from the I.T.E Trip Generation Manual. Seventh Edition for review. V DOT reserves the right to
comment on all right -of -way needs, including right -of -way needs, including right -of -way dedications,
traffic signalization, and off -site roadway improvements and drainage. Any work performed on the
State's right -of -way must be covered under a land use permit. This permit is issued by this office and
requires an inspection fee and surety bond coverage.
Fire Marshal: Water supplies for firefighting shall meet the requirements of Frederick County Code
90 -4. Fire lanes and markings and signage required at all fire hydrants, fire department connections and
all normal and emergency access points to the structure(s). Materials for onsite spill control and
cleanup should be provided when vehicle fueling commences. Fire hydrant locations and Fire Lane
markings shall be addressed during the site planning process. Plan approval recommended.
Public Works Department: Please see attached letter dated November 9, 2004 from Harvey E.
Strcni'snyder, Jr., Director of Public Works.
Frederick- Winchester Service Authority: No comment.
Sanitation Authority: The applicant is one of two parties that participated with the Sanitation
Authority to make the extension of water and sewer to the Rest Church area possible. The applicant's
participation has reserved 12,000 gallons per day of wastewater capacity for this property. Adequate
capacity exists to exceed the potable water demands required for the proposed use of this property. The
applicant has given easements to the Authority for the extension of water and sewer lines to the west of
181. This will allow Flying Is on -site facilities to be abandoned.
Frederick Winchester Health Department: The Health Department has no comments; since all
sewage and water will be handled by Frederick County Sanitation Authority.
Department of Parks Recreation: No comment.
Frederick County Public Schools: Based on the information provided which states that no residential
units will be part of the rezoning, there will be no impact to the school population upon build-out.
Rezoning #07 -05 Manning Property
June 10, 2005
Page 3
Planning Zoning:
1) Site History
Frederick County Attorney: Please see attached letter dated May 19, 2005 from Mr. Bob Mitchell,
Jr.
The original Frederick County Zoning Map (U.S.G.S. Inwood Quadrangle) depicts the zoning of
the 9.4 -acre portion of this proposal as M2 (General Industrial) District with the balance of the
property that makes up this rezoning request as being A2 (Agricultural General) District. The
acreage zoned A2 (Agricultural General) District was reclassified as RA (Rural Area) District
on February 14, 1990 when the Board of Supervisors adopted a comprehensive revision to the
Zoning Ordinance.
In 1999, Rezoning Application RZ10 -99 was submitted to the County for a request similar to
the one currently presented as RZ07 -05. The rezoning proposal consisted of 10.2 acres initially
and was later reduced to 9.4 acres in January of 2002. Multiple issues of concern and
inconsistencies with the Comprehensive Plan were identified during the review and
consideration of RZI 0 -99. Ultimately, the applicant withdrew Rezoning Application RZ10 -99
on June 12, 2002.
The applicants have since moved forward with this new application which attempts to address
the issues and impacts associated with the rezoning and provide a greater amount of consistency
with the goals and policies of The Comprehensive Plan and the Northeast Frederick Land Use
Plan. It should be pointed out that a considerable amount general activity has occurred since the
previous attempt to rezone the property which has a relationship to the latest rezoning request.
This activity includes modifications to the Northeast Frederick Land Use Plan, transportation
improvements completed by The Virginia Department of Transportation associated with
Interstate 81, Exit 323, Rest Church Road (Route 669), and it's intersection with Martinsburg
Pike (Route 11), and water and sewer infrastructure improvements currently under development
by the Frederick County Sanitation Authority.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1-1:1
Rezoning #07 -05 Manning Property
June 10, 2005
Page 4
Land Use
The parcels comprising this rezoning application are located within the County's Sewer and
Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in
which more intensive forms of planned commercial, and industrial development will occur. In
addition, the Manning property is located within the area encompassed by the Northeast
Frederick Land Use Plan.
The Northeast Frederick Land Use Plan envisions commercial land uses on the property. The
Manning Property application proposes a rezoning of entirely commercial land use which
provides for a large area of commercial opportunity in conjunction with the Interstate 81 and
Exit 323. A goal of the Northeast Frederick Land Use Plan is to provide for interstate business
development opportunities to take advantage of this feature. Further, the Northeast Frederick
Land Use Plan seeks to concentrate business uses at strategic locations along the Route 11
North corridor.
The Northeast Frederick Land Use Plan provides additional guidance for development
opportunities through promoting a sensitive approach to the existing land uses along
Martinsburg Pike, Route 11, through the provision of greater setbacks, buffers and screening,
and coordinated signage along Martinsburg Pike in an effort to enhance the appearance of the
Route 11 corridor. This enhanced corridor appearance and function goal is further promoted
with the discouragement of individual lot access along Route 11. The opportunity presents itself
for the application to commit to providing such corridor design standards along the Martinsburg
Pike corridor, advancing a key initiative of past and potentially future County planning efforts.
This approach should take into consideration those existing parcels that contain residential uses
directly across Route 11 from the subject property. The Developmentally Sensitive Areas
(DSA's) seek to ensure the existing residential clusters are protected from the impacts of new
development through the provision of adequate buffers and screening. The existing residential
properties would be offered protection through the County's existing buffer and screening
regulations. However, the applicant has the opportunity to enhance the existing regulations to
further meet the goals of the Comprehensive Plan.
It should be noted that the recently approved Rutherford Farm LLC, and North Stephenson, Inc.
rezoning applications provided additional consideration for landscaping and signage to enhance
the corridor appearance goals ofthe Comprehensive Plan. A similar approach may be desirable
with this application to address these elements of the Northeast Frederick Land Use Plan with a
greater amount of clarity. Presently, the Architectural Concept Plan lacks clarity and provides no
commitment to achieving these goals.
Transportation
The Frederick County Northeast Land Use Plan provides the guidance regarding future arterial
and collector road connections in the Northeastern portion ofthe County by identifying needed
connections and locations. Plans for new development should provide for the right -of -ways
Rezoning #07 -05 Manning Property
June 10, 2005
Page 5
necessary to implement planned road improvements and new roads shown on the road plan
should be constructed by the developer when warranted by the scale, intensity, or impacts ofthe
development. Existing roads should be improved as necessary by adjacent development to
implement the intentions of the plan (Comprehensive Plan 7 -6).
Proposed commercial development within the boundary of the Northeast Frederick Land Use
Plan will necessitate improvements to existing road systems and the construction of new road
systems. The land use plan identifies Woodbine Road as a new collector road in the vicinity of
this project. The recent rezoning of the Sempeles property, RZ02 -04, addressed the relocation of
this new major collector road to Woodbine Road. The new truck entrance proposed with the
development of the Manning property is planned in alignment with Woodbine Road which, in
conjunction with the signalization of this intersection, will facilitate traffic movement associated
with the development of both projects.
As noted above, the recently approved Sempeles rezoning application addressed some of the
transportation issues of this area and the Northeast Frederick Land Use Plan. Also addressed in
the Sempeles application is the construction of an industrial access road from Route 11 North at
its intersection with Rest Church Road to Woodbine Road, the modification of the existing
signalized intersection at Rest Church Road and Route 11 from a 3 -way to a 4 -way signal, and
the participation in a signalization agreement involving partial cost sharing for a signal at the
Woodbine Road/ Route 11 intersection The construction of additional improvements to
Woodbine Road to improve this road to a major collector road standard and enhancements to
the future signal would be determined with future TIA's and by VDOT in conjunction with the
future development within the Sempeles project.
Improvement to Martinsburg Pike (Route 11) to a four -lane facility is an identified goal of the
Land Use Plan as are improvements to the configuration of Rest Church Road. The business
corridor policies ofthe Comprehensive Plan are also applicable to this project. In particular, the
business corridor policies that specify that raised medians are employed at all intersections
along business corridors and that provisions should he made for bicycle accommodations at
intersections and in a manner consistent with the adopted bicycle plan. Route 11 is identified as
a Bicycle Route in the transportation section of the Comprehensive Plan.
3) Site Suitability /Environment
The 12.178 -acre site has approximately 1380 feet of road frontage along Martinsburg Pike
(Route 11 North). In addition, the property is provided with approximately 1,440 feet of
frontage on Interstate 81. Located about 350 feet south of the intersection of Martinsburg Pike
(Route 11) and Rest Church Road (Route 669), and in the immediate vicinity of Exit 323 of
Interstate 81, the subject property is ideally located to take advantage of the business
development opportunities provided by the interstate and Route 11. The development of such an
opportunity is an objective of the Northeast Land Use Plan.
Rezoning #07 -05 Manning Property
June 10, 2005
Page 6
The acreage that makes up this property does not contain areas of steep slopes or mature
woodlands. Duncan Run provides the southern boundary for the Manning property. Associated
with Duncan Run are areas identified by the FEMA National Flood Insurance Program Map
Community Panel #510063- 0075 -B as being within the 100 year floodplain. The Frederick
County Rural Landmarks Survey does not identify potentially significant historic resources or
historic district on, or within, the proximity of this acreage.
Efforts have been made by the applicant in the proffer Statement to address two of the
environmental objectives of the Northeast Frederick Land Use Plan. This effort includes the
provision of electric stations for the 31 truck parking places to minimize the air quality impacts
associated with this application and the implementation of oil water separators and additional
stormwater management treatments to minimize non point source pollution impacts associated
with the development of this project.
4) IA (Interstate Area) Overlay District
The applicants have requested approval of an IA (Interstate Area) Overlay District designation
for the 12.178 -acre site, should they be successful in obtaining a B3 (Industrial Transition)
District zoning. Properties that contain this overlay designation at Exit 323 are those within the
Whitehall Business Park located on the west side of Interstate 81. The Whitehall Business Park
is the location of the Flying J Center. Section 165 -118 of the Frederick County Zoning
Ordinance states that in order for a property to qualify for an IA Overlay District designation, it
must conform to the Idealized interchange Development Pattern recommendation in the
Comprehensive Policy Plan, permit uses such as general merchandise stores, gasoline service
stations, eating and drinking establishments, or lodging establishment, and must not have an
adverse impact on adjoining properties whose primary use is residential. The request to approve
an Interstate Area Overlay District designation may be appropriate when considering the
proposed use of the property and the adjacent properties which currently posses the IA
designation.
5) Potential Impacts
A. Transportation
Traffic impact Analysis.
The Traffic Impact Analysis (TLA) prepared for this application projects that the development of
a travel center that consists of 12 gasoline pumps, 11 diesel pumps, a convenience mart and a
1,500 square foot fast food restaurant would generate 4,818 vehicle trips per day. It should be
noted that the Architectural Site Plan depicts a travel center that consists of 12 gasoline pumps,
11 diesel pumps, and an 8,400 square foot service station with convenience mart. The report
was developed with primary truck access to the project to being via a new entrance which
intersects
Rezoning #07 -05 Manning Property
June 10, 2005
Page 7
with Route 11 at Woodbine Road. General access would be via two additional locations, an
independent entrance and exit located further north on Route 11.
The Comprehensive Plan seeks to ensure that a level of service (LOS) C or better is achieved
with the approval of proposed industrial, commercial, and planned unit developments. It is
important to understand that the TIA assumes that the transportation improvements identified as
being needed to obtain a level of service C or better are implemented. It should be ensured that
the various improvements identified with each development are guaranteed and implemented in
a coordinated and timely manner. The vehicle for ensuring this occurs is the proffer statement.
The TIA for this project concludes that the traffic impacts associated with the 2005 build -out
conditions are acceptable and manageable and a level of service (LOS) C or better is achieved
assuming the full build out of the project as identified on the architectural Site Plan. The 2010
traffic analysis, which includes the Sempeles property, also identifies that a level of service C or
better is achieved. However, it should be pointed out that the build out lane geometry identified
in Figure 8 of the TIA is not wholly consistent with the Architectural Site Plan at the Rest
Church intersection with Route 11.
General Transportation.
It is important to recognize that in addition to addressing the TIA, the transportation related
elements of the Comprehensive Plan should be addressed and incorporated into the rezoning
application. Several of these broader community concepts that recognize important community
corridor appearance goals are identified in the report. In addition, it is critical that this rezoning
application addresses the right -of -way needs of the project and the Comprehensive Plan. As
identified on the Architectural Site Plan, sufficient right -of -way would be available to achieve
the proposed improvements to Route 11. However, insufficient right -of -way is available and has
not been obtained to facilitate an ultimate four -lane improvement to Route 11.
The facilitation of the Comprehensive Plan objectives of providing for an ultimate four lane
Route 11 with appropriate accommodations for turning movements, raised medians for access
management, and bicycle accommodations does not appear to have been fully considered as part
of this application. The importance of addressing these needs is significant in this location as it
is the primary point of access, the northern gateway, to Route 11, Frederick County, and
Virginia. It is necessary to ensure a quality, well functioning gateway to the community for all
users. It is noted, however, that the opportunity may exist to further such goals and
improvements with the future redevelopment of the properties located along the east side of
Route 11. This would maintain the existing centerline of Route 1 1 and provide for a balanced
alignment of Route 11, but is reliant upon future redevelopment that may not be forthcoming.
The TIA for this project indicates that there is a critical unsignalized movement at this
intersection with the build out lane geometry for outbound trucks making a left turn onto Route
11 North. Figure 8 of the TIA represents that this same intersection will operate at a LOS C five
Rezoning #07 -05 Manning Property
June 10, 2005
Page 8
B. Sewer and Water
C. Other
years after the build out of the project. However, this is with the future installation of a signal at
this location. The County is of the belief that the signalization of this intersection should occur
concurrent with the development of this project and prior to the issuance of an occupancy
permit for the facility. This approach would ensure a safer condition at this intersection,
minimize the future impacts to vehicles traveling on Route 11, and eliminate a critical
unsignalized turning movement. Recent experiences in Frederick County with similar facilities
would confirm that this approach is prudent and warranted. The applicant has addressed this
concern in the Proffer Statement.
The applicant, regarding the transportation improvements, should provide a final point of
clarification. It should be demonstrated that the lane configuration drawings submitted by Triad,
dated April 6, 2005, and made reference to in VDOT's approval comments, are the same as
and/or reflect the lane configurations identified on the Architectural Site Plan proffered as part
of the Proffer Statement.
New commercial land uses located within the Northeast Frederick Land Use Plan are
recommended to be developed with public water and sewer service. Individual package
treatment plants are prohibited as a means to accommodate new commercial development.
Unlike the original rezoning application for this property, this current application, RZ07 -05,
provides for the development and connection to the public water and sewer system in a manner
consistent with the Comprehensive Plan.
As previously noted in the comments offered by the Frederick County Sanitation Authority, the
applicant is one of two parties that participated with the Sanitation Authority to make the
extension of water and sewer to the Rest Church area possible. The applicant's participation has
reserved 12,000 gallons per day of wastewater capacity for this property. According to the
Sanitation Authority, adequate capacity exists to exceed the potable water demands required for
the proposed use of this property. The applicant has given easements to the Authority for the
extension of water and sewer lines to the west of Interstate 81. This will allow Flying J's on-
site facilities, directly across Interstate 81 to be abandoned. Construction of these public
improvements by the Sanitation Authority is currently in progress. Wastewater generated by this
project will be treated at the Opequon Waste Water Treatment Plant.
The Architectural Site Plan that is proffered provides a certain level of commitment as to the
development and layout of the property. It is very important to point out that the site plan is not
presently being reviewed for complete conformance with County site plan regulations. It is
general in nature for the purposes ofillustrating the proposed project. With this in mind it would
Rezoning #07 -05 Manning Property
June 10, 2005
Page 9
be beneficial for this application and the Proffer Statement to provide additional clarity with
regards to any commitments that are anticipated that are above and beyond what County and
State Ordinances currently provide for. Particular attention should be paid to the adjacent
residential uses and the mitigation of the impacts of the newer, more intensive, development on
these existing residential land uses. Consideration to the previously mentioned corridor
appearance goals has a bearing on this comment.
Proffer Statement Dated Mav 4, 2005
The valid elements of the applicants proffer Statement provide for the following:
A) Monetary Contribution.
A monetary contribution in the amount of $10,000.00 to Frederick County, to be provided at the
time a building permit is first issued, is proffered in an effort to mitigate the impacts associated
with this development on Fire and Rescue Services and the Sheriff's Office. The sum of
$5,000.00 is proffered for Clearbrook Fire and Rescue Services and $5,000.00 is proffered for
the Sheriff's Office.
B) Architectural Site Plan.
The Applicant has proffered an Architectural Site Plan that depicts the general layout of the site.
The purpose of providing such a generalized development plan is to provide the locality with
assurances that the project will develop as portrayed, in substantial conformance with the
Architectural Site Plan. Providing further clarification within the Proffer Statement could
eliminate the lack of clarity regarding certain aspects of the Architectural Site Plan, in particular
regarding the landscaping, buffering, screening, and signage along Route 11 and the Interstate
81 frontage. It is impossible to determine if the applicant is providing anything above what
would be required by ordinance. Recognizing the location of the property and the adjacent
residential uses the applicant should seriously consider addressing this further. It is also
recognized that the applicant is seeking the Interstate Area Overlay District designation to take
advantage of the opportunity enhanced visibility from the Interstate will provide. However, a
cohesive and aesthetically pleasing approach to signage along Route 11 would be desirable.
C) Transportation.
The Applicant is proffering a full right turn lane along the frontage of their property, three
commercial entrances along Route 11 with the main truck entrance in alignment with Woodbine
Road, the construction of two left turn lanes for traffic turning onto Rest Church Road (Route
669) from Martinsburg Pike (Route 11), to enter into a signalization agreement for the
intersection of Route 11 and Woodbine Road, and to ensuring that the signal will be complete
prior to occupancy of the facility.
Omitted from the Proffer Statement is a commitment that provides for the participation in a
signalization agreement at the intersection of Martinsburg Pike (Route 11) and Rest Church
Road (Route 669) similar to the above identified proffer, any commitment to providing the
Rezoning #07 -05 Manning Property
June 10, 2005
Page 10
ultimate four -lane section of Route 11, and the dedication of sufficient right -of -way to
accommodate this improvement. It has been noted that the opportunity may exist in the future to
achieve this improvement with the development of parcels along the east side of Route 11.
D) Environmental Protection.
The Applicant has proffered to provide electric stations for the 31 truck parking spaces and to
implementing oil and water separators and additional stomrwater management best management
practices to address the environmental impacts of this project. Pursuant to the comments
provided by Mr. Mitchell, additional clarification should be provided regarding these measures
which should be incorporated into the Proffer Statement.
STAFF CONCLUSIONS FOR 06/01/05 PLANNING COMMISSION MEETING:
The Manning Property rezoning application is generally consistent with the goals of the Comprehensive
Plan as described in the staff report. Elements of the rezoning application have been identified that
should be carefully evaluated to ensure they fully address specific components of the Comprehensive
Plan, in particular the Northeast Frederick Land Use Plan. In addition, the Planning Commission
should ensure that the impacts associated with this rezoning request have been fully addressed by the
applicant. The Planning Commission should pay particular attention to the following:
I) The Commission providing concurrence with VDOT that the transportation proffers and the
lane configuration drawings offered with the rezoning application are satisfactory.
2) The Applicant's satisfying all of the comments offered by the County's Attorney.
3) The Applicant providing additional clarification regarding any enhanced landscaping, buffering,
screening and signage along Route 11 and Interstate 81.
PLANNING COMMISSION SUMMARY AND ACTION FOR THE 6/01/05 MEETING:
The applicant described revisions made to this rezoning package over the one he previously submitted six years
ago. Those revisions included: the extension of sewer and water service to this area by himself and Mr. George
Sempeles, the granting of an easement across his property so that Flying J could access the sewer and water; the
VDOT bridge improvements; expanded proffers for Rt. I I, which included two left turn lanes and a signalized
access to Woodbine Road; the addition of acreage to the site; and less intensity of use with fewer fueling islands
and more green space. In response to questions concerning environmental impacts, the applicant believed the
storm water detention basin was more than adequate; he talked about oil -water separators to be engaged at diesel
islands, and the use of sanitary sewer for discharge, as opposed to using the storm water system.
The applicant's transportation engineer, Mr. John Callow, spoke about the TIA for this project and the
corresponding 2010 analysis requested by VDOT, which included both the Manning project and the Sempeles
project. Commission members questioned whether the numbers used in the TIA accurately reflected the existing
and potential future traffic; there was discussion on the TIA's conclusion that the Level of Service (LOS) would
Rezoning #07 -05 Manning Property
June 10, 2005
Page 11
remain at a "C" with the proposed project, together with the Flying J, the Exxon, and the Sempeles projects. A
member of the Commission asked for verification that to maintain a LOS C, from Woodbine Road to Rest Church
Road, a minimum of four lanes would be required, and at the intersection of Rest Church, there will need to be
two left turn lanes, two through lanes, and one right turn lane, and Mr. Callow replied that was correct. A
Commissioner asked whether this development was proffering to build that four -lane section and Mr. Callow
replied that it was not necessary for this project to proffer this; he said it was demonstrated that this would be
necessary to address the impact of the Manning and Sempeles rezoning.
Approximately 20 members of the Clearbrook Citizens for Safety group, along with nine other local residents,
came forward to speak in opposition to the proposal. Their reasons for opposition included: traffic congestion
created by trucks accessing and departing the Flying J facility, gridlock created by trucks stacking on the ramps,
diesel fumes contributing to poor air quality; noise; safety hazards for local traveling residents; and impacts to
response time for fire and rescue vehicles. They were concerned that an additional truck facility would only add to
these problems. One resident talked about the need for improved signage, the need for litter pick -up because of
the trash corning from the Flying J facility; and the need for greater Sheriff patrol for vagrants and other
inappropriate activities.
Mr. George Sempeles, adjoining property owner, spoke in support of Mr. Manning's project and property rights.
He suggested that uses of greater intensity could be placed on this property by right, without any improvements;
he commented on Mr. Manning's efforts over the previous six years to address the concerns of the County,
VDOT, and the citizens.
Mr. Mark Stivers, attorney, said the project was consistent with the goals of the Northeast Land Use Plan
(N ELUP), which calls for this area to be used for business, rather than industrial; he felt this was an opportunity to
rescind the existing M2 zoning.
Although Commission members recognized Mr. Manning's efforts to provide a quality proposal and his ability to
address many of the on -site impacts, they anticipated that the increased traffic volume and other impacts brought
on by an additional truck fueling facility would further degrade the quality of life for area residents. They
anticipated further degradation in the flow of traffic, and possibly gridlock, with this project and the future
development of the Sempeles property and the Stephenson Village project. They didn't believe there was enough
right -of -way available to enable VDOT to make adequate improvements to handle the traffic. By a majority vote,
the Planning Commission recommended denial of the proposed rezoning.
The vote was as follows:
YES (TO REC. DENIAL): Wilmot, Manuel, Triplett, Ours, Thomas, Light, Morris, Gochenour, Straub,
De
NO: Unger
(Commissioners Watt and Kriz were absent from the meeting.)
MANNING
33A A 15
MANNING
33A A 15A
JOHNSON
33 A 91
J
I
I
I
1
I
1
I
I
J
I
1
1
1
1
9
1
9
9
1
3 I
7
I
J
3
3
J
3
7
3
7
SEMPELES
33A A 25
KITTS
33A A 30
CURRY
33A A 29
HELSLEY
33A A 28
ELLIS
33A A 27
SHANHOLTZ -FLICK
33A 1 21
1
1
9
9
9
1
9
J
1
I
I
3
J
I
1
I I
I
I
I
I 9
J
I I
I
II
M2
MANNING
33A A 2
I
J
I
I
SHANHOLTZ -FLICK
33A 1 23
SWJGEN
33A A 26
FSNAH
3 q g ER
1
B2
SEMPELES
38 A -2
I
I
1
I
1
LABHICK
33A A 33
Map Features
N ends
enarn NP.aae wn O.� ,m.re, ae
Rezoning 07 05
Manning Property
(33A A 12,13,14,15,15A
0 75 150 300
Feet
Map F.9w.S
uo ma AIc amo. O mdi
p p
4 4” 30.11Fr13.11.
Ae
Rezoning 07 05
Manning Property
(33A A 12,13,14,15,15A
0 75 150
Feet
300
To be completed by Planning Staff
Fee Amount Paid oZ Io ¥0
Zoning Amendment Number 02 3-105-- Date Received 5 6 D
PC Hearing Date 4 /l 7) J BOS Hearing Date 6,
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of the
Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicant:
Name: T. Pat Manning Audrey A. Manning Telephone: 636 947 -0255
Address: PO BOX 580 C10: MR. PAT MANNING
ST. PETERS, MO 63376
2. Property Owner (if different than above)
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
Name: T. PAT MANNING AUDREY A. MANNING Telephone: (636) 947 -0255
Address: P.O. BOX 580, ST. PETERS, MO 63376
3. Contact person if other than above
Name: PAT MANNING
Telephone: 636 947 -0255
FAX: (636)-896-0197
4. Checklist: Check the following items that have been included with this application.
Location map
Plat
Deed to property
Verification of taxes paid
11
Agency Comments
Fees
Impact Analysis Statement
Proffer Statement
5. The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
T. PAT MANNING AUDREY A. MANNING
6. A) Current Use of the Property: VACANT and RESIDENTIAL (RA PORTIONS)
B) Proposed Use of the Property: GASOLINE SERVICE STATION (SIC 5541)
7. Adjoining Property:
(Whitehall Exit).
(See Attached Site Plan)
PARCEL ID NUMBER USE ZONING
33A- (A) -11 COMMERCIAL RA
33A- (A) -25 VACANT RA
33A- (A) -26 RESIDENTIAL RA
33A- (A) -27 RESIDENTIAL RA
33A- (A) -27A RESIDENTIAL RA
CONTINUED ON ATTACHED SHEET
8. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names and route numbers):
Approximately 350 feet south of the intersection of VA Secondary Route
669, and US Route 11, Martinsburg Pike, located between US Route 11 and
I -81 and continuing south to Duncan Run. This property is south of Exit 323
12
ADJOINING PROPERTIES (CONTINUED)
PARCEL ID NUMBER USE ZONING
33 -(9) -1 COMMERCIAL B -3
33A- (A) -28 RESIDENTIAL RA
33A- (A) -29 RESIDENTIAL RA
33A- (A) -30 RESIDENTIAL RA
33A- (A) -31 VACANT RA
33A- (A) -33 RESIDENTIAL RA
33A- (A) -34 VACANT RA
33A- (A) -91 (adjusted) VACANT RA
33A- (1) -22 RESIDENTIAL RA
33A- (1) -23 VACANT RA
33A- (1) -24 RESIDENTIAL RA
34 -(A) -2 VACANT B2
Name and Property Identification Number
Address
Nance Funkhouser H.N. and company
P.O. Box 2038, Winchester, VA 22604
Property 33A- (A) -11
Name Semples, George M. and Carol T.
331 Woodbine Road, Clearbrook, VA 22624
Property 33A (A)
Name Pope, Leslie Osborne
136 Jordan Drive, Winchester, VA 22602
Property 33A- (A) -26
Name Ellis, Dolores Esther
4568 Martinsburg Pike, Clearbrook, VA 22624
Property if 33A (A)
Name Molden Real Estate Corp.
2400 Valley Avenue, Winchester, VA 22604
Property 33A- (A) -27A
Name Helsley, Roger L. and Phyllis A.
497 Front Royal Pike, Winchester, VA 22602
Property 33A (A)
Name Curry, Thelma M. and Robin A. Light
4592 Martinsburg Pike, Winchester, VA 22624
Property 33A
Nance Kitts, Fred Milton and Rebecca A.
4600 Martinsburg Pike, Winchester, VA 22624
Property 33A (A)
Name Smallwood, Donald Y. and Barbara N.
108 Juliet Lane, Bunker Hill, WV 25413
Property 33A (A)
Name Larrick, Delmar B. Jr. and Cynthia K.
4622 Martinsburg Pike, Clearbrook, VA 22624
Property 33A (A)
Adjoining Property Owners
Rezoning
Owners of property adjoining the land will be notified of the Planning Conunission and the Board of
Supervisors meetings. For the purpose of this application, adjoining property is any property abutting
the requested property on the side or rear or any property directly across a public right-of-way,
a private right-of-way, or a watercourse from the requested property. The applicant is required to
obtain the following information on each adjoining property including the parcel identification number which
may be obtained from the office of the Commissioner of Revenue. The Commissioner of'the Revenue
is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street.
15
Name and Property Identification Number
Address
Name Middle Ridge Traditional Stone
P.O. Box 1004, Berryville, VA 22611
Property ti 33A- (A) -34
Name Jennings, Thomas Roy and Mary P.
4514 Martinsburg Pike, Clearbrook, VA 22624
Property 4 33A- (1) -22
Name Shanholtz, Sharon A.
3733 Dort Place, Columbus, OH 43227
Property 33A- (1) -23
Namc Shanholtz, Sharon A.
3733 Dort Place, Columbus, OH 43227
Property 4 33A- (1) -24
Name Semples, George M. and Carol T.
331 Woodbine Road, Clearbrook, VA 22624
Property 4 34 (A) -2
Name DeHaven, Manuel C.
4273 Martinsburg Pike, Clearbrook, VA 22624
Property /4 33- (A) -91
Name CFJ Properties DBA Flying J Travel Center
P.O. Box 150310, Ogden, UT 84415
Property H 33 -(9) -1
Name
Property 4
Namc
Property 4
Name
Property 4
Nance
Property 11
Name
Property 4
Name
Property 4
Name
Property 4
16
Acres
Current Zoning
Zoning Requested
9.442
M -2
B -3 and IA
2.736
RA
B -3 and IA
/02, l7 9/
Total acreage to be rezoned
Magisterial: Stonewall
Fire Service: Clearbrook
Rescue Service: Clearbrook
Non Residential Lots: 1
Districts
13
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 Identification /Location: Parcel Identification Number SEE ATTACHED SHEET
High School: James Wood
Middle School: Frederick County
Elementary School: Stonewall
10. Zoning Change: List the acreage included in each new zoning category being requested.
11. The following information should be provided according to the type of rezoning proposed
Number of Units Proposed
Single Fancily homes: N/A Townhorne: N/A Multi Family: N/A
Mobile Home: N/A Hotel Rooms: N/A
Square Footage of Proposed Uses
Office: Service Station 8400
Reta l: Manufacturing:
Restaurant: Warehouse:
Other:
12. 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 the zoning map of
Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for
site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at the front
property line at least seven days prior to the Planning Commission public hearing and the Board
of Supervisors' public hearing and maintained so as to be visible from the road right -of -way until
the hearing.
I (we) hereby certify that this application and its accompanying materials are true and accurate to
the best of my (our) knowledge.
Applicant(s):
Owner(s):
T. PAT MANNING a
AUDRE NNI
T. PAT MANNING
AUDREYA. M
14
Date:
Date:
5/--6.3
Date:
Date: °f
Duncan Run
Exit 323
Whitehall
ISE
Adjoining Properties to the Manning Property
3;
Manning Site
w%s— Duncan Run
US Route 11
Interstate 81
0 125 250
1:3,600
Scale
500
750
1,000
1" =300'
Feet
ill
D CAC
Triad Engineering, Inc.
www.triad winc.com
C.: ;PRE::: rye: 7 P
:):r.! LAVF.: CU1 Licypc. Y." Ti.I .33 pRo_
!T -131 PC: Th• .33A PF:CL
PRI": C.. 4 .f: (I.11:11_4NeA
i 2:.17 A::
.1)4 LI3A P 1 I61.1
TV .3 r.10. f.1
AC. CILI;,Li.)
API4W)4AL. •ti DEI!CN 7.UKr1:11:11 IIATt
iC rbouNCIAP.I LINE f PLAITE4
4.305 ArF. ES, IS Al:::0141 NCE IH I E 1): OF IRE
IN ili:RSION 7 c, 1 I ORS ANL', 1 RIDS I
.6
°wick DA.1 E
roy TFI G r II ‘1.31NLA
TO.
1,17 7:: A I:MARY puauc OF zAiD .JUNT, Du
CUNI lul (1L2:_if is. SiGNECI Tu
1 AriiE_YED, i.'.ATE THE LAY
7; 1 11115 itYl Ac <!:ry,Y1_.E! :raj; 911E' SAME gEic2 IA IN
SAJD
irr HAND 111:s DAY OF!
V( CWAIST.ION
NOTARY fl I BLIC
I EREEY CE1:1:FY '11 !HI'S SUFC., AN bNY iNFC,RMATION 5110'et'N
11:717 1 2ASELI ON AN Aii:TuAL FrELD NUN !...ThliellEY M.A1)1; titinFtz 1.4?
::uriFi.ryTiiriN RT.. THERE Ali:: NO APPARENT ENCP.e.;AL;:- 01:11:14
!HAN 1:::)51: NOi ED.
FIAT siinimili; FiCLIF:DARy LINE ADILGEmEill Viri•PNEN
THE LAND OF
MANI tJEL C. DLFIAVEN
0.64
p h -5,k.rif
4"
Ili I 1.53
S. Ti
.41 '4042 4
JUNE 9, Zri,C3
d ra Si AC
51tNEWALL :1151RiCT
FREDERICK CC.LIN It VIRGINIA
DATE: JUNE 9, 20L. f•ir.:ALE: -1" n.
in,),F
rl r= d
TRIAD 0:C114E
2IO WiNCHESTER, '/IE-EJIUIA
!i 4 I'd F; --S Ion FAX (,4C) Fis:7 U0
-I:2S I
SHED' 1 OF 4
f*P1.1
i
54.1 I.
42 :Hu r 1
.iti /..1'! I.; II L- C. DEI-IAVE NI
I HI. 81
UMITLD ACC:; HIGHWAY
(1-?/V" VARIES)
I
s it 1
:NI I:::
FC4i-2 :I1 1, 1 E 1316.45 rjr.TAI.) i Frl
C
:',ADJUSTE.1) PARCEL 91
L5j V AG ANT
I:24'73'10"W
I 22.1 7
1'
148:2 c
t
F2111
49_01'
In. l c!
PROF'CRIr
Z
nErni REA rEu -.A.1
--'1- ir..
1.1775-e t f
.ICH2S;;C: t I,
:FF
1
1.7.-1,111 l 1
1 t 1 1 o 1
l'a
1 il.;;:r04 I
r.:; .7; A CPi, 71 ii 5'
Pia i, _L
7 12 F T L
RIES
z Dr 4
HAN IJET C. DEHAVEN
ADJUSTED PARCEL 12
10.5180 AC.
11.3 vACiNt
krt.
PLa E14..”.1:JDAIVI UNE A0.11.1);1i.Uil`:1
'at
THE LAND OF
r 1
MANUEL C. DERAVEN
"I
SICINEWALL F, IEflIRLM. DIsi
FREDERICK C•ILIffiY. VIRCHNIA
DATE: AIME 9, 21103 SCALE r 100'
El IAN IR 4
't._M buwtl
TRIA(.1 eIGINCERINf;. INC.
2.00 \'11
(540) 657-930u IA:{ (54D) De7-22,60
07-03-0251 J
k tiat4c1(
.L'.1x:....i-r.F.
14
It! NI\ 1:402 1.)
fli t:ED:
1.J ..-Of 'If, 1 LIU
:1:: RESIDENT:AL
-2:ciiT77
orS1. 1(0 CA
tif:E: RE!ILIENT
ra:ect:31 :pr
i
Iv. 3:•,.4. 19:(a_ IA
PA
i W.D. :11. CORUIHY
i C•itliur...:kir:
riA .3.U.. PI40.
ZOPEO: RA
15 CPU :.1IP(.; SC
USE: RE:SIN11
NELLi is rcErtIr•
I
II.1
.tte, PF.17:.
ZON‘•0:
ISA
RA
IN7.4. NO. i'l3COCP-2!2
USE: dq.E.SIOENTL'al_
iNT. 81
LtH 1TE D ACCE
(R/ VARIES)
1:1•';'•,',.1: 13I15.4C (i0iAL)
.1. FL
1
1 7 11 C:i
MANUEL C. DEHAVEN
AEIJIJSTED PARCEL 12
10.5180 AC.
1.15.E! VACANT 2
1 1
1:•:leSL i
i l ih9:•::-' 1 I. it
1 li•- H
:.r. I 1 q,
o r r Cr' t
Lit
1 7
.i y.
,I. .V1-11-i
ai I I -h le:CH. D.
In t?-1 I 1
7:•+.1 1
1 1 •':1 C II r
1 3 i'.0
(E.7 V
:;01":: !?tEE SI-IEE1 4 OF 4
f FOR CUR,tc.: 1.
1,",
L
P1
!Th:Aianc 13CRIP:07.10 IJNE ADJUSTMENi BEMEEN
THE LAND OF
MANUEL C. DE,HAVEH
:;10NEter:1.1, VAG{:;IERIAL
IliEbEttick COIJUlt ViRCirti!A
JUNE S, 2 SCALE: 1 r:
Lt. tctrk ••LL;•■
'kb Li] Hfigg0
ENLANEERIUG, INC.
203 :WV-AIWA BENE WINOIIESI IU viRc
:557-9. FAX (540) 667-2260
SHEET 3 OF 4 67-0.1k-O2!: I
SUIJBLE I •r_ti. pc...r.
AS:‘ I 171C311 1 PAIIII!!.
1A1:::1111
cllialf! reiREC103)1
DiC'?.1.; L01
leti Illr (17 I
el:LIS l S765.511
417.3
SI1733% ref
C7 1 00
34.33 ,7...:1 nr
7d. I I:"
5.20 7
til7.7-
C3. f 0:e
7,7 &CS L-7G.333'
37737;
SI C 3C15
7E3.4S'
1
I
I 1
I
1 1 7 YT•72 I 1 C
•••Opir 7- IN
I i c i'-'. Cr
i ,I.ig J.E lv riot,
I —1 2
1.± rrikl;
?Cr":
I
1 El_ C. DE 1-1c t•I
Au,liJspc:
PARCEL !7 1
I PwNich..tr Lincs
i I 1.). 5 1 80 C. 'FIE r. Elir VAI:A:ED
CA:a
''0.5" 15
cf)
i
r,z,r
1 IR;
-1)
IF: Si 9
ft
tal
D:1 I
r-r:! I
VI: 2 ,:fni..IIj.: .',1 I- 1; I. 111
3/3 1 11 3
P:16 ::i ir:4 ucturirpm AD
n• LINE JUSTME■rr i'5•1
l
r 2.13,•Arr.:
cc:T..4%0E1:d.
.11IF LAND C1
:Rs IRS
r 1:
RTE.
(R/A; VARIES)
S211'313 i "yr
1 15.1 2'
P1
0 0000004
c t:Vif n4.
au ,cesr t-
2 CF.' i.' 2 rt
't A
C: 4
aql il r SPRIT,: I
b
D RI 1E13
as
P
\CI
d.• 'of ..L'it
7
_LA.
t 00 .0-0
JUNE 2003
...1ANti El_ 0. DEI-IA.VEN
S I 2' 40
WHO:AU MAUririERIAL 01511;ICI
IHEDEP.ICK COUNTY.
UeVIE: JLJE 9, 2003 SCALF.: 1 r
cef0t)
Bufi.P.,0
!RIAD Et.MINEERIINC, INC.
7. I )1:PIE VAICHPSTER, VIEGIN!=.
(F:•0) fii:7-9.1:1r; f5.10) G.37-2260
11;;:! 4 Or 4 C 7-03 2251
i. e-:...........
nitylin intvr-
I 1
1• :1,
id i
t. t... tip
e
-T -7,741
7 :t. 100Evd c.,,,,,,,..A.,'..
kit:TEA:1
zip t's on:, ....4.1. t•t!,•••:". rt.
.:.1 1 .r.wv., ;1',:sw.;:u '44 "0:1-.4.'.•
k
nt
iJIuA mi.,)
ttte.;!;',Iti
tc 11;1
t?.`1:tht 01111
All
Reviewed
Planning Commission: 06/01/05
Board of Supervisors: 06/22/05
REZONING APPLICATION #07 -05
MANNING PROPERTY
Staff Report for the Planning Commission
Prepared: May 18,2005
Staff Contact: Michael T. Ruddy, Deputy Planning Director
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Action
Pending
Pending
PROPOSAL: To rezone 9.442 acres from M2 (General Industrial) District to B3 (Industrial
Transition) District and IA (Interstate Overlay) District and 2.736 acres from RA (Rural Areas) District
to B3 (Industrial Transition) District and IA (Interstate Overlay) District with proffers. The total acreage
to be rezoned B3 and IA with proffers is 12.178 acres.
LOCATION: The properties are located approximately 350 feet south of the intersection of Rest
Church Road (Route 669) and Martinsburg Pike (Route 11), between Martinsburg Pike (Route 11) and
1 -81 and continuing south to Duncan Run, south of the Whitehall Exit (Exit 323)
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER(S): 33A -A -12, 33A-A-13, 33A -A -14, 33A -A -15, and 33A -A -15A
PROPERTY ZONING: M2 (General Industrial) District and RA (Rural Areas) District.
PRESENT USE: Vacant and Residential
ADJOINING PROPERTY ZONING PRESENT USE:
North: RA (Rural Area)
South: RA (Rural Area)
East: RA (Rural Area)
West: B3 (Industrial Transition)
Use:
Use:
Use:
Use:
Commercial Gas Station
Vacant
Residential/Vacant
Commercial Truck Stop
PROPOSED USES: Gasoline Service Station (No proffered restriction on uses)
Rezoning #07 -05 Manning Property
May 18, 2005
Page 2
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have significant measurable impact on Route 11. This route is the VDOT roadway which
has been considered as the access to this property. VDOT is satisfied that the transportation proffers
offered in the Manning Property (Mr. Fuel /Arogas) rezoning application dated August 2004 and lane
configuration drawings submitted by Triad Engineering on April 6, 2004 addresses transportation
concerns associated with this request. All transportation proffers offered in the August 2004 rezoning
application and impact analysis statement shall be implemented to the satisfaction of VDOT and
Frederick County prior to the issuance of any occupancy permits. Before development, this office will
require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow
data from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to
comment on all right -of -way needs, including right -of -way needs, including right -of -way dedications,
traffic signalization, and off -site roadway improvements and drainage. Any work performed on the
State's right -of -way must be covered under a land use permit. This permit is issued by this office and
requires an inspection fee and surety bond coverage.
Fire Marshal: Water supplies for firefighting shall meet the requirements of Frederick County Code
90 -4. Fire lanes and markings and signage required at all fire hydrants, fire department connections and
all normal and emergency access points to the structure(s). Materials for onsite spill control and
cleanup should be provided when vehicle fueling commences. Fire hydrant locations and Fire Lane
markings shall be addressed during the site planning process. Plan approval recommended.
Public Works Department: Please see attached letter dated November 9, 2004 from Harvey E.
Strawsnyder, Jr., Director of Public Works.
Frederick Winchester Service Authority: No comment.
Sanitation Authority: The applicant is one of two parties that participated with the Sanitation
Authority to make the extension of water and sewer to the Rest Church area possible. The applicant's
participation has reserved 12,000 gallons per day of wastewater capacity for this property. Adequate
capacity exists to exceed the potable water demands required for the proposed use of this property. The
applicant has given easements to the Authority for the extension of water and sewer lines to the west of
I81. This will allow Flying J's on -site facilities to be abandoned.
Frederick Winchester Health Department: The Health Department has no comments; since all
sewage and water will be handled by Frederick County Sanitation Authority.
Department of Parks Recreation: No comment.
Frederick County Public Schools: Based on the information provided which states that no residential
units will be part of the rezoning, there will be no impact to the school population upon build -out.
Rezoning #07 -05 Manning Property
May 18, 2005
Page 3
Frederick County Attorney: Please see attached letter dated from Mr. Bob Mitchell, Jr.
Planning Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Inwood Quadrangle) depicts the zoning of
the 9.4 -acre portion of this proposal as M2 (General Industrial) District with the balance of the
property that makes up this rezoning request as being A2 (Agricultural General) District. The
acreage zoned A2 (Agricultural General) District was reclassified as RA (Rural Area) District
on February 14, 1990 when the Board of Supervisors adopted a comprehensive revision to the
Zoning Ordinance.
In 1999, Rezoning Application RZ10 -99 was submitted to the County for a request similar to
the one currently presented as RZ07 -05. The rezoning proposal consisted of 10.2 acres initially
and was later reduced to 9.4 acres in January of 2002. Multiple issues of concern and
inconsistencies with the Comprehensive Plan were identified during the review and
consideration of RZ10 -99. Ultimately, the applicant withdrew Rezoning Application RZ 10 -99
on June 12, 2002.
The applicants have since moved forward with this new application which attempts to address
the issues and impacts associated with the rezoning and provide a greater amount of consistency
with the goals and policies of The Comprehensive Plan and the Northeast Frederick Land Use
Plan. It should be pointed out that a considerable amount general activity has occurred since the
previous attempt to rezone the property which has a relationship to the latest rezoning request.
This activity includes modifications to the Northeast Frederick Land Use Plan, transportation
improvements completed by The Virginia Department of Transportation associated with
Interstate 81, Exit 323, Rest Church Road (Route 669), and it's intersection with Martinsburg
Pike (Route 11), and water and sewer infrastructure improvements currently under development
by the Frederick County Sanitation Authority.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1]
Rezoning #07 -05 Manning Property
May 18, 2005
Page 4
Land Use
The parcels comprising this rezoning application are located within the County's Sewer and
Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in
which more intensive forms of planned commercial, and industrial development will occur. In
addition, the Manning property is located within the area encompassed by the Northeast
Frederick Land Use Plan
The Northeast Frederick Land Use Plan envisions commercial land uses on the property. The
Manning Property application proposes a rezoning of entirely commercial land use which
provides for a large area of commercial opportunity in conjunction with the Interstate 81 and
Exit 323. A goal of the Northeast Frederick Land Use Plan is to provide for interstate business
development opportunities to take advantage of this feature. Further, the Northeast Frederick
Land Use Plan seeks to concentrate business uses at strategic locations along the Route 11
North corridor.
The Northeast Frederick Land Use Plan provides additional guidance for development
opportunities through promoting a sensitive approach to the existing land uses along
Martinsburg Pike, Route 11, through the provision of greater setbacks, buffers and screening,
and coordinated signage along Martinsburg Pike in an effort to enhance the appearance of the
Route 11 corridor. This enhanced corridor appearance and function goal is further promoted
with the discouragement of individual lot access along Route 11. The opportunity presents itself
for the application to commit to providing such corridor design standards along the Martinsburg
Pike corridor, advancing a key initiative of past and potentially future County planning efforts.
This approach should take into consideration those existing parcels that contain residential uses
directly across Route 11 from the subject property. The Developmentally Sensitive Areas
(DSA's) seek to ensure the existing residential clusters are protected from the impacts of new
development through the provision of adequate buffers and screening. The existing residential
properties would be offered protection through the County's existing buffer and screening
regulations. However, the applicant has the opportunity to enhance the existing regulations to
further meet the goals of the Comprehensive Plan.
It should be noted that the recently approved Rutherford Farm LLC, and North Stephenson, Inc.
rezoning applications provided additional consideration for landscaping and signage to enhance
the corridor appearance goals of the Comprehensive Plan. A similar approach may be desirable
with this application to address these elements of the Northeast Frederick Land Use Plan with a
greater amount of clarity. Presently, the Architectural Concept Plan lacks clarity and provides no
commitment to achieving these goals.
Transportation
The Frederick County Northeast Land Use Plan provides the guidance regarding future arterial
and collector road connections in the Northeastern portion of the County by identifying needed
connections and locations. Plans for new development should provide for the right -of -ways
Rezoning #07 -05 Manning Property
May 18, 2005
Page 5
necessary to implement planned road improvements and new roads shown on the road plan
should be constructed by the developer when warranted by the scale, intensity, or impacts of the
development. Existing roads should be improved as necessary by adjacent development to
implement the intentions of the plan (Comprehensive Plan 7 6).
Proposed commercial development within the boundary of the Northeast Frederick Land Use
Plan will necessitate improvements to existing road systems and the construction of new road
systems. The land use plan identifies Woodbine Road as a new collector road in the vicinity of
this project. The recent rezoning of the Sempeles property, RZ02 -04, addressed the relocation of
this new major collector road to Woodbine Road The new truck entrance proposed with the
development of the Manning property is planned in alignment with Woodbine Road which, in
conjunction with the signalization of this intersection, will facilitate traffic movement associated
with the development of both projects.
As noted above, the recently approved Sempeles rezoning application addressed some of the
transportation issues of this area and the Northeast Frederick Land Use Plan. Also addressed in
the Sempeles application is the construction of an industrial access road from Route 11 North at
its intersection with Rest Church Road to Woodbine Road, the modification of the existing
signalized intersection at Rest Church Road and Route 11 from a 3 -way to a 4 -way signal, and
the participation in a signalization agreement involving partial cost sharing for a signal at the
Woodbine Road/ Route 11 intersection The construction of additional improvements to
Woodbine Road to improve this road to a major collector road standard and enhancements to
the future signal would be determined with future TIA's and by VDOT in conjunction with the
future development within the Sempeles project.
Improvement to Martinsburg Pike (Route 11) to a four -lane facility is an identified goal of the
Land Use Plan as are improvements to the configuration of Rest Church Road. The business
corridor policies of the Comprehensive Plan are also applicable to this project. In particular, the
business corridor policies that specify that raised medians are employed at all intersections
along business corridors and that provisions should be made for bicycle accommodations at
intersections and in a manner consistent with the adopted bicycle plan. Route 11 is identified as
a Bicycle Route in the transportation section of the Comprehensive Plan.
3) Site Suitability/Environment
The 12.178 -acre site has approximately 1380 feet of road frontage along Martinsburg Pike
(Route 11 North). In addition, the property is provided with approximately 1,440 feet of
frontage on Interstate 81. Located about 350 feet south of the intersection of Martinsburg Pike
(Route 11) and Rest Church Road (Route 669), and in the immediate vicinity of Exit 323 of
Interstate 81, the subject property is ideally located to take advantage of the business
development opportunities provided by the interstate and Route 11. The development of such an
opportunity is an objective of the Northeast Land Use Plan.
Rezoning #07 -05 Manning Property
May 18, 2005
Page 6
The acreage that makes up this property does not contain areas of steep slopes or mature
woodlands. Duncan Run provides the southern boundary for the Manning property. Associated
with Duncan Run are areas identified by the FEMA National Flood Insurance Program Map
Community Panel #510063- 0075 -B as being within the 100 year floodplain. The Frederick
County Rural Landmarks Survey does not identify potentially significant historic resources or
historic district on, or within, the proximity of this acreage.
Efforts have been made by the applicant in the proffer Statement to address two of the
environmental objectives of the Northeast Frederick Land Use Plan. This effort includes the
provision of electric stations for the 31 truck parking places to minimize the air quality impacts
associated with this application and the implementation of oil water separators and additional
stormwater management treatments to minimize non point source pollution impacts associated
with the development of this project.
4) IA (Interstate Area) Overlay District
The applicants have requested approval of an IA (Interstate Area) Overlay District designation
for the 12.178 -acre site, should they be successful in obtaining a B3 (Industrial Transition)
District zoning. Properties that contain this overlay designation at Exit 323 are those within the
Whitehall Business Park located on the west side of Interstate 81. The Whitehall Business Park
is the location of the Flying J Center. Section 165 -118 of the Frederick County Zoning
Ordinance states that in order for a property to qualify for an IA Overlay District designation, it
must conform to the Idealized Interchange Development Pattern recommendation in the
Comprehensive Policy Plan, permit uses such as general merchandise stores, gasoline service
stations, eating and drinking establishments, or lodging establishment, and must not have an
adverse impact on adjoining properties whose primary use is residential. The request to approve
an Interstate Area Overlay District designation may be appropriate when considering the
proposed use of the property and the adjacent properties which currently posses the IA
designation.
5) Potential Impacts
A. Transportation
Traffic Impact Analysis.
The Traffic Impact Analysis (TIA) prepared for this application projects that the development of
a travel center that consists of 12 gasoline pumps, 11 diesel pumps, a convenience mart and a
1,500 square foot fast food restaurant would generate 4,818 vehicle trips per day. It should be
noted that the Architectural Site Plan depicts a travel center that consists of 12 gasoline pumps,
11 diesel pumps, and an 8,400 square foot service station with convenience mart. The report
was developed with primary truck access to the project to being via a new entrance which
intersects
Rezoning #07 -05 Manning Property
May 18, 2005
Page 7
with Route 11 at Woodbine Road. General access would be via two additional locations, an
independent entrance and exit located further north on Route 11.
The Comprehensive Plan seeks to ensure that a level of service (LOS) C or better is achieved
with the approval of proposed industrial, commercial, and planned unit developments. It is
important to understand that the TIA assumes that the transportation improvements identified as
being needed to obtain a level of service C or better are implemented. It should be ensured that
the various improvements identified with each development are guaranteed and implemented in
a coordinated and timely manner. The vehicle for ensuring this occurs is the proffer statement.
The TIA for this project concludes that the traffic impacts associated with the 2005 build -out
conditions are acceptable and manageable and a level of service (LOS) C or better is achieved
assuming the full build out of the project as identified on the architectural Site Plan. The 2010
traffic analysis, which includes the Sempeles property, also identifies that a level of service C or
better is achieved. However, it should be pointed out that the build out lane geometry identified
in Figure 8 of the TIA is not wholly consistent with the Architectural Site Plan at the Rest
Church intersection with Route 11.
General Transportation.
It is important to recognize that in addition to addressing the TIA, the transportation related
elements of the Comprehensive Plan should be addressed and incorporated into the rezoning
application. Several of these broader community concepts that recognize important community
corridor appearance goals are identified in the report. In addition, it is critical that this rezoning
application addresses the right -of -way needs of the project and the Comprehensive Plan. As
identified on the Architectural Site Plan, sufficient right -of -way would be available to achieve
the proposed improvements to Route 11. However, insufficient right -of -way is available and has
not been obtained to facilitate an ultimate four -lane improvement to Route 11.
The facilitation of the Comprehensive Plan objectives of providing for an ultimate four lane
Route 11 with appropriate accommodations for tuming movements, raised medians for access
management, and bicycle accommodations does not appear to have been fully considered as part
of this application. The importance of addressing these needs is significant in this location as it
is the primary point of access, the northern gateway, to Route 11, Frederick County, and
Virginia. It is necessary to ensure a quality, well functioning gateway to the community for all
users. It is noted, however, that the opportunity may exist to further such goals and
improvements with the future redevelopment of the properties located along the east side of
Route 11. This would maintain the existing centerline of Route 11 and provide for a balanced
alignment of Route 11, but is reliant upon future redevelopment that may not be forthcoming.
The TIA for this project indicates that there is a critical unsignalized movement at this
intersection with the build out lane geometry for outbound trucks making a left tum onto Route
11 North. Figure 8 of the TIA represents that this same intersection will operate at a LOS C five
Rezoning #07 -05 Manning Property
May 18, 2005
Page 8
years after the build out of the project. However, this is with the future installation of a signal at
this location. The County is of the belief that the signalization of this intersection should occur
concurrent with the development of this project and prior to the issuance of an occupancy
permit for the facility. This approach would ensure a safer condition at this intersection,
minimize the future impacts to vehicles traveling on Route 11, and eliminate a critical
unsignalized turning movement. Recent experiences in Frederick County with similar facilities
would confirm that this approach is prudent and warranted. The applicant has addressed this
concem in the Proffer Statement.
The applicant, regarding the transportation improvements, should provide a final point of
clarification. It should be demonstrated that the lane configuration drawings submitted by Triad,
dated April 6, 2005, and made reference to in VDOT's approval comments, are the same as
and/or reflect the lane configurations identified on the Architectural Site Plan proffered as part
of the Proffer Statement.
B. Sewer and Water
New commercial land uses located within the Northeast Frederick Land Use Plan are
recommended to be developed with public water and sewer service. Individual package
treatment plants are prohibited as a means to accommodate new commercial development.
Unlike the original rezoning application for this property, this current application, RZ07 -05,
provides for the development and connection to the public water and sewer system in a manner
consistent with the Comprehensive Plan.
As previously noted in the comments offered by the Frederick County Sanitation Authority, the
applicant is one of two parties that participated with the Sanitation Authority to make the
extension of water and sewer to the Rest Church area possible. The applicant's participation has
reserved 12,000 gallons per day of wastewater capacity for this property. According to the
Sanitation Authority, adequate capacity exists to exceed the potable water demands required for
the proposed use of this property. The applicant has given easements to the Authority for the
extension of water and sewer lines to the west of Interstate 81. This will allow Flying J's on-
site facilities, directly across Interstate 81 to be abandoned. Construction of these public
improvements by the Sanitation Authority is currently in progress. Wastewater generated by this
project will be treated at the Opequon Waste Water Treatment Plant.
C. Other
The Architectural Site Plan that is proffered provides a certain level of commitment as to the
development and layout of the property. It is very important to point out that the site plan is not
presently being reviewed for complete conformance with County site plan regulations. It is
general in nature for the purposes of illustrating the proposed project. With this in mind it would
Rezoning #07 -05 Manning Property
May 18, 2005
Page 9
be beneficial for this application and the Proffer Statement to provide additional clarity with
regards to any commitments that are anticipated that are above and beyond what County and
State Ordinances currently provide for. Particular attention should be paid to the adjacent
residential uses and the mitigation of the impacts of the newer, more intensive, development on
these existing residential land uses. Consideration to the previously mentioned corridor
appearance goals has a bearing on this comment.
6) Proffer Statement Dated Mav 4, 2005
The valid elements of the applicants proffer Statement provide for the following:
A) Monetary Contribution.
A monetary contribution in the amount of $10,000.00 to Frederick County, to be provided at the
time a building permit is first issued, is proffered in an effort to mitigate the impacts associated
with this development on Fire and Rescue Services and the Sheriff's Office. The sum of
$5,000.00 is proffered for Clearbrook Fire and Rescue Services and $5,000.00 is proffered for
the Sheriff's Office.
B) Architectural Site Plan.
The Applicant has proffered an Architectural Site Plan that depicts the general layout of the site.
The purpose of providing such a generalized development plan is to provide the locality with
assurances that the project will develop as portrayed, in substantial conformance with the
Architectural Site Plan. Providing further clarification within the Proffer Statement could
eliminate the lack of clarity regarding certain aspects of the Architectural Site Plan, in particular
regarding the landscaping, buffering, screening, and signage along Route 11 and the Interstate
81 frontage. It is impossible to determine if the applicant is providing anything above what
would be required by ordinance. Recognizing the location of the property and the adjacent
residential uses the applicant should seriously consider addressing this further. It is also
recognized that the applicant is seeking the Interstate Area Overlay District designation to take
advantage of the opportunity enhanced visibility from the Interstate will provide. However, a
cohesive and aesthetically pleasing approach to signage along Route 11 would be desirable.
C) Transportation.
The Applicant is proffering a full right turn lane along the frontage of their property, three
commercial entrances along Route 11 with the main truck entrance in alignment with Woodbine
Road, the construction of two left turn lanes for traffic turning onto Rest Church Road (Route
669) from Martinsburg Pike (Route 11), to enter into a signalization agreement for the
intersection of Route 11 and Woodbine Road, and to ensuring that the signal will be complete
prior to occupancy of the facility.
Omitted from the Proffer Statement is a commitment that provides for the participation in a
signalization agreement at the intersection of Martinsburg Pike (Route 11) and Rest Church
Road (Route 669) similar to the above identified proffer, any commitment to providing the
Rezoning #07 -05 Manning Property
May 18, 2005
Page 10
ultimate four -lane section of Route 11, and the dedication of sufficient right -of -way to
accommodate this improvement. It has been noted that the opportunity may exist in the future to
achieve this improvement with the development of parcels along the east side of Route 11.
D) Environmental Protection.
The Applicant has proffered to provide electric stations for the 31 truck parking spaces and to
implementing oil and water separators and additional stormwater management best management
practices to address the environmental impacts of this project. Pursuant to the comments
provided by Mr. Mitchell, additional clarification should be provided regarding these measures
which should be incorporated into the Proffer Statement.
STAFF CONCLUSIONS FOR 06/01/05 PLANNING COMMISSION MEETING:
The Manning Property rezoning application is generally consistent with the goals of the Comprehensive
Plan as described in the staff report. Elements of the rezoning application have been identified that
should be carefully evaluated to ensure they fully address specific components of the Comprehensive
Plan, in particular, the Northeast Frederick Land Use Plan. In addition, the Planning Commission
should ensure that the impacts associated with this rezoning request have been fully addressed by the
applicant. The Planning Commission should pay particular attention to the following:
1) The Commission providing concurrence with VDOT that the transportation proffers and the
lane configuration drawings offered with the rezoning application are satisfactory.
2) The Applicant's satisfying all of the comments offered by the County's Attorney.
3) The Applicant providing additional clarification regarding any enhanced landscaping, buffering,
screening, and signage along Route 11 and Interstate 81.
Following the required public hearing, a recommendation regarding this rezoning
application to the Board of Supervisors would be appropriate. The applicant should
be prepared to adequately address all concerns raised by the Planning Commission.
WILBUR C. HALL (1892-1972)
THOMAS V. MONAHAN (1924 1999)
SAMUEL D. ENGLE
0. LELAND MAHAN
ROBERT T. MITCHELL, JR.
JAMES A. KLENKAR
STEVEN F. JACKSON
DENNIS J. MCLOUGHLIN, JR,
HALL, MONAHAN, ENGLE, MAHAN MITCHELL:`!
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
I c 7 EAST MARKET STREET
LEESBURG, VIRGINIA
TELEPHONE 703 -777. 1050
ATTORNEYS AT LAW
May 19, 2005
Michael T. Ruddy, AICP
Deputy Director
Frederick County Department of Planning
Development
107 North Kent Street
Winchester, VA 22601
e EAST BOSCAWEN STREET
WINCHESTER, VIRGINIA
TELEPHONE 540652 -3200
FAX 540652-4304
E Iay.ers@hallmcnahan.cum
Re: Manning (Arogas, Inc.) Proposed Proffer Statement
1
MAY 2 0 2005
PLEASE REPLY TO:
R 0. Box 848
WINCHESTER, VIRGINIA 22604 -0548
Dear Mike:
I have reviewed the above referenced Proposed Proffer Statement. It is my
opinion that the Proposed Proffer Statement is generally in a form to meet the
requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and
is legally sufficient as a proffer statement, subject to the following:
1. For purposes of ease of reference, I would suggest that the heading on
the Proffer Statement be set forth as shown on the attached sheet. This heading is
consistent with most other proffer statements which have been recently filed with the
County.
2. As the property owners are identified as "Applicants" on the attached
form heading, I would recommend that the word "Applicants" be capitalized
throughout the proffer statement.
3. Under the section labeled "Preliminary Matters the last sentence
should be amended to read: "These proffers shall be binding upon the Applicants, and
their legal successors, heirs, and assigns."
HALL, MONAHAN, ENGLE, MAHAN MITCHELL
Michael T. Ruddy, AICP
Frederick County Department of Planning
Development
May 19, 2005
Page 2
4. Under the section labeled "Monetary Contribution the first portion
of the first sentence is redundant. Accordingly, this section, in its entirety, should read
as follows: "The Applicants will pay to Frederick County, at the time a building
permit is first issued, the sum of $5,000.00 for Clearbrook Fire and Rescue and
$5,000.00 for the Sheriff's Office."
5. Under the section labeled "Site Development Plan I have the
following comments:
A. It would appear that this section is mislabeled. I do not believe
that there is a site development plan. The plan which is attached to the proffers had
an original title of "Concept Plan", but has the label "Architectural Site Plan" hand
lettered on it. Throughout the Proffer Statement, it seems to be referred to as the
Architectural Site Plan, so I would recommend that this section be labeled
"Architectural Site Plan."
B. The first sentence in this section merely states what is required
under the County ordinances, does not constitute a proffer, and can be deleted.
C. This section should be reworded in its entirety to state "The
property will be developed in substantial conformity with the attached Architectural
Site Plan of Triad Engineering, Inc., dated April 5, 2005."
6. Under the section labeled "Street Improvements I have the
following comments:
A. There should be an introductory sentence prior to the lettered
subparagraphs which states as follows: "The following road improvements shall be
completed by Applicants prior to occupancy:"
HALL, MONAHAN, ENGLE, MAHAN MITCHELL
Michael T. Ruddy, AICP
Frederick County Department of Planning
Development
May 19, 2005
Page 3
B. Subsection (a) should be divided into two separate subsections.
The first subsection should state: "The Applicants shall construct curb and gutter and
storm sewer along the property frontage on U.S. Route 11 (Martinsburg Pike) to
Woodbine Road (Va. Route 669)." The second subparagraph should state: "The
Applicants shall widen U.S. Route 11 to provide 12 foot wide lanes consistent with
VDOT commercial standards."
C. The two sentences of subparagraph (b) should be divided into
two separate subparagraphs. The first sentence states that the center line intersections
of the commercial truck entrance and Woodbine Road are aligned. However, it does
not appear that the center lines are aligned on the attached Architectural Site Plan.
This needs to be clarified. The second sentence, in a separate subparagraph, should
state "The Applicants shall construct two (2) 40 foot wide commercial entrances for
automobiles to VDOT standards."
D. As it is my understanding that the County's position is that the
signalization must be installed prior to occupancy, subparagraph (c) should be
reworded to state as follows: "The Applicants will enter into a signalization agreement
for the Woodbine Road/U.S. Route 11 intersection and will fund up to 100 percent of
the cost of the signalization, which signalization will be completed and installed prior
to Applicants' occupancy of the property."
E. Subparagraph (f) should be reworded to state as follows: "The
location of entrances and the above referenced road improvements shall be in
substantial conformity with the attached Architectural Site Plan."
7. The section labeled "Design Features" should be deleted. The
Architectural Site Plan has been made a part of the proffer in an earlier section, and
the referenced photograph is not an appropriate proffer.
Michael T. Ruddy, AICP
Frederick County Department of Planning
Development
May 19, 2005
Page 4
8. With respect to the section labeled "Additional Site Proffers I have
the following comments:
A. The first sentence of subparagraph (a) appears to merely state
current regulations which already apply. In any event, subparagraph (a) appears to be
satisfactory as stated.
B. More details should be provided in subparagraph (b) as to
where utilities would be placed underground. Does the proffer refer to service lines
on the property only, or are there existing above ground utilities which will be placed
underground?
RTM/g1h
Attachment
HALL, MONAHAN, ENGLE, MAHAN MITCHELL
C. Subparagraph (c) appears to merely state existing regulations.
D. More details should be provided in subparagraphs (d) and (e).
I have not reviewed the substance of the proffers as to whether the proffers are
suitable and appropriate for this specific site, as it is my understanding that that review
will be done by the staff and the Planning Commission.
If there are any questions concerning the foregoing, please contact me.
Robert T. Mitchell, Jr.
REZONING:
PROPERTY:
RECORD OWNER:
APPLICANTS:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE(S):
PROPOSED PROFFER STATEMENT
RZ.
Industrial General (M -2) and Rural Areas (RA) to
Industrial Transitional District (B -3) and Interstate
Overlay District (IA)
12.178 Acres "the Property")
Tax Map Parcels 33A -A -12, 13, 14, 15, 15A
T. Pat Manning and Audrey A. Manning
T. Pat Manning and Audrey A. Manning
Aerogas, Inc.
April 25, 2005
N/A
Mr. Stephen Gyurisin
Triad Engineering, Inc.
P.O. Box 2397
Winchester, Virginia 22604
November 9, 2004
107 North Kent Street Winchester, Virginia 22601 -5000
COUNTY of FREDERICK
Department of Public Works
540/665 -5643
FAX: 540/678-0682
RE: Rezoning Application for the Manning Property
Frederick County, Virginia
Dear Mr. Gyurisin:
We have completed our review of the proposed rezoning of the Manning property from M -2 and
RA to B -3. Based on this review, we offer the following comments:
1) In the second paragraph under location and site background, the discussion indicates a
proposed rezoning from M -2 and RA to B -3 (IA). In the next sentence, the discussion
indicates that this represents a downzoning from M -2 to B -3. If this change represents a
downzoning, comment on what best describes the change from RA to B -3. In our opinion,
the incorporation of the RA property is the critical link in a successful project at this
location.
2) Under Site Suitability, the analysis indicates that no wetlands have been identified on the
site. Indicate if a wetland study has been performed on the southern end of the property
within the Duncan Run flood plain. If not, a wetland study should be performed to
determined if the "wet area" located on the southern end of the property is actually a
wetland and needs to be protected especially in the area proposed for the stormwater
detention basin.
3) We will require the design and implementation of oil separators to augment the BMP
facilities being proposed under the discussion of stormwater management. This
requirement should be reflected in the discussion of stormwater drainage.
4) Provide an estimate of the amount of solid waste that will be generated by the proposed
development. The continent related to "no additional solid waste facilities will be required
for the proposed development" is not appropriate unless you can demonstrate that the
proposed waste generation w ill not adversely impact our existing solid waste facilities
5) Under the proffer statement, street improvements, item c., the applicant indicates he will
enter into a signalization agreement involving partial cost sharing for the Woodbine
Road/U.S. Route 11 intersection. The applicant further states that the timing of this
signalization will be determined by the Virginia Department of Transportation. This
Manning Property Rezoning
Page 2
November 9, 2004
signilization is critical to the success and safety of the transportation link to this project.
The proposed site plan indicates that all the truck traffic will enter and exit at this location.
Therefore, we will require that the signalization be installed and functional prior to issuing
a building permit. A note to this effect shall be placed on the site plan.
6) Proffer "d." under street improvements indicates that the applicant will construct two (2)
250 foot left turn lanes on U.S. Route 11 for traffic turning onto Rest Church Road from
U.S. Route 11. This configuration shall be shown on the enclosed architectural site plan.
Also, before approval is granted for the proposed rezoning, the applicant shall provide
evidence that sufficient right-of-way is available at this intersection and along the
improvements alignment to accommodate the two (2) turn-lanes for their full length
including transitions and future road expansions.
7) Under Additional Site Proffers, item c. the applicant has indicated that no structures shall
be constructed within the flood plain along Duncan Run. We concur with this proffer and
will interpret this statement to include storrnwater management facilities and related
drainage structures.
HES /rls
8) Under attachments, we observed that the applicant included a list of signatures of adjacent
property owners who are favorable to Mr. Fuel's proposed rezoning. Please indicate why
the Jennings and their neighbors were not included on this list.
1 can be contacted at 665 -5643 if you should have any questions regarding this proposed rezoning.
cc: Planning and Development
file
A:\manningproprezrom.wpd
Sincerely,
Harvey E. SYr3iwsnyder, Jr., P.E.
Director of Public Works
OUTPUT. ULE
APPLICANT: Arogas Net Fiscal hnpact
LAND USE TYPE B3 Truck Stop Costs of Impact Credit: Credits to be Taken for Future Taxes Paid (NPVI Total Potential Adjustment For
REAL EST VAL 51,400,324 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per
FIRE RESCUE 1 Capital Faciltiies col sum only) Oper Cap Equip Expend /Debt S. Taxes Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit
Fire and Rescue Department 53,032 $0
Elementary Schools SO
Middle Schools $0 $0 50 $0
High Schools 50
Parks and Recreation $0 50 50
Public Library 50 50 50
Sheriff's Offices 50 5436 50 50 5436
Administration Building 50 50 50
Other Miscellaneous Facilities 50 51,046 $1,155 $2,201
SUBTOTAL 53. 51,452 51,155 50 $2,637
LESS. NET FISCAL IMPACT $451,143 5451,143
NET CAP. FACILITIES IMPACT
METHODOLOGY:
NOTES: Model Run Date 11/15/04 MTR
INDEX: "1.0" If Cap. Equip Included
INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg
PLANNING DEPT PREFERENCE_'
1.0
1. Capital facilities requirements are input to the first column as calculated in the model.
2. Net Fiscal Impact NPV from operations calculations is input in row total of second column
(zero if negative); included are the one -time taxes /fees for one year only at full value.
3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts.
4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts.
5. NPV of future taxes paid to bring current county up to standard for new facilities, as
calculated for each new facility.
6. Columns three through five are added as potential credits against the calculated capital
facilities requirements. These are adjusted for percent of costs covered by the revenues
from the project (actual, or as ratio to avg. for all residential development).
NOT E. Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed.
Project Description: Assumes 8,400 square foot Service Station on 12.178 acres zoned 83 District.
Due to chancing conditions associated with development in the County, the results of this
Output Module may not be valid beyond a period of 90 days from the rnodel run date.
0.0 Rev -Cost Bal
1.0 1.0 Ratio to Co Avg
50
$0
50
50
$436
50
52,201
$2,637
$451,143 ($451,143) #DIV /0!
1.000
1.342
53,032 #DIV /0!
50 #DIV /0!
$0 #DIV /0!
$0 #DIV /0!
50 #DIV /01
$0 #DIV /01
50 #DIV /0!
$395 #DIV /0!
5 01 #DIV /0!
1
1
1
1
1
1'
Map Fumes
A/ swim
"e come mot.
i P.a..
Steam. Name Ds. 0%.
Noma CamatiMes Qa. o.ua
Ase
N
hl&
5
E
Rezoning 07 05
Manning Property
33A A 12,13,14,15,15A
0 75 150
Feet
300
P JENNINOSa
22 an%Yi
SNANNObT2 -FLICK
3A11 e 24,
SEMPELES
Map PYWrn
O., Road Centerlinn
INge
s
Rezoning 07 05
Manning Property
33A A 12,13,14,15,15A
0 75 150
300
Feet
REZONING REQUEST PROFFER
Property Identification Numbers: 33A- ((A)) -12; 33A- ((A)) -13; 33A- ((A)) -14;
33A- ((A)) -15; 33A- ((A)) -15A
Stonewall Magisterial District
Manning Property
Preliminary Matters
Pursuant to Section 15.2 -2296 et. Seq., of the code of Virginia, 1950, as amended, and
the provisions of the Frederick County' Zoning Ordinance with respect to conditional
rezoning, the undersigned applicant hereby proffers the following terms and conditions in
the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning
Application tie c5 for the rezoning of 9.442 +1 acres from the Industrial, General
District (M2) designation to Industrial Transitional District (B3) Interstate Overlay
District (IA) and 2.736+/- acres from the Rural Areas (RA) designation to Industrial
Transitional District (B3) Interstate Overlay District (IA). The total acreage of
Industrial Transitional District (B3) with IA would therefore be 12.178 acres.
Development of the subject property shall be done in conformity with the terms and
conditions set forth herein, except to the extent that such terms and conditions may be
subsequently amended or revised by the applicant and such be approved by the Frederick
County Board of Supervisors in accordance with Virginia law. In the event that such
rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect
whatsoever. These proffers shall be binding upon the applicant and their legal successor
or assigns.
Monetary Contribution
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 for the 12.178 acres, with frontage along US Route 11 in the Stonewall
Magisterial District of Frederick County, Virginia from M2 and RA to B3 and IA, the
undersigned will pay to Frederick County, at the time a building permit is issued, the sum
of $10,000.
This monetary proffer provides for $5,000 for Clearbrook Fire and Rescue and $5,000 for
Sheriff' s Office.
Site Development Plan
The development of the subject property and the submission of any Master Development
Plan or Site Plan shall be in conformance with all pertinent County regulations.
Voluntarily proffered is the attached Architectural Concept Plan including the following
improvements:
REZONING REQUEST PROtIER
Property Identification Numbers 33A- ((A)) -12; 33A- ((A)) -13; 33A- ((A)) -14;
33A- ((A)) -15; 33A- ((A)) -15A
Stonewall Magisterial District
Manning Property
(See attached architectural site plan, hereby proffered and made a part hereof)
Street Improvements
a. Along the property frontage on U.S. Route 11 (Martinsburg Pike) to
Woodbine Road (VA Sec. Rt. 669), the applicant shall construct curb and
gutter and storm sewer with a 12' lane widening consistent with VDOT
commercial standards.
b. The applicant shall construct a commercial truck entrance to VDOT standards
with centerline intersection aligned with the centerline intersection of
Woodbine Road (VA Sec. Rt. 669) and U.S. Route 11 (Martinsburg Pike).
The applicant shall also construct two (2) 40' commercial entrances for
automobiles.
c. The applicant shall enter into a signalization agreement involving partial cost
sharing for the Woodbine Road/US. Route 11 intersection. The timing for
ultimate signalization of the intersection will be determined by VDOT.
Subject only to VDOT timing for ultimate signalization for the Woodbine
Road/US. Route 11 intersection, applicant will fund up to 100% of the cost of
signalization and complete the signalization prior to occupancy.
d. The applicant shall construct two (2) 250' left turn lanes on US Route 11
(Martinsburg Pike) for traffic turning onto Rest Church Road (VA Sec. Rt.
669) from US Route 11 (Martinsburg Pike).
e. All US Route 11 (Martinsburg Pike) improvements will be consistent with
VDOT standards
f. See Architectural Site Plan made a part hereof
REZONING REQUEST PROFFER
Property Identification Numbers: 33A- ((A)) -12; 33A- ((A)) -13; 33A- ((A)) -14;
33A- ((A)) -15; 33A- ((A)) -15A
Stonewall Magisterial District
Design Features
a. See Architectural Site Plan made a part hereof.
b. See attached photograph, Mr. Fuel #6, made a part hereof.
Additional Site Proffers
a. Storm water runoff resulting from improvements constructed within the Duncan Run
Watershed shall receive treatment as required by the Virginia Storm water
Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the
highest order of storm water control existing under Virginia law. The stormwater
pond shall be lined with impervious liner materials to preclude any possible
groundwater impacts.
b. All utilities shall be underground.
c. No buildings or pavement shall be constructed within the Flood Plain along Duncan
Run.
d. Oil water separator(s) will be implemented.
e. Electric stations to be provided for the 31 truck parking spaces.
The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns
and successors in interest of the Applicant and Owner. In the event the Frederick County Board
of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall
apply to the land rezoned in addition to other requirements set forth in the Frederick County
Code.
Respectfully submitted,
PROPERTY OWNER
B
T. Pat Manning
Date: r 4
Manning Property
By: C.Zuf te.r it c
Audre A. Manning
Date: 54 or
REZONING REQUEST PROFFER
Property Identification Numbers 33A- ((A)) -12; 33A- ((A)) -13; 33A- ((A)) -14;
33A- ((A)) -15; 33A- ((A)) -15A
Stonewall Magisterial District
By: acce -e44 7J7OI +a
Date: Y- r
1n 11., w1�/ //'/�JJ�j�f
IWLLIdC I(CODUTI> 1V v>a I.�CX J Or G/ v>/�l'"
The foregoing instrumen was acknowledged before me this 371 1day of
t J ,p0f, by THe -n/,ii vg— /It ,4uo,Ey 4. ,1mvw�it/G-
My commissio xpires OS 03 06
Notary Public
Manning Property
AUDREY J. PAULE
Notary Public Missouri
St. Ghettos County
My Commission Expires
May 3. NIS
E d7»Tt A SSOtc2r
r
Manning Property Impact Analysis Statement 06 May 2005
A. Location and Site Background
The following Impact Analysis Statement is provided in summary form for the property
known as the "Manning Property". The property is located in the Stonewall Magisterial
District. The property is located along US Route 11, Martinsburg Pike with I -81
frontage, approximately 350 feet south of the intersection of US Route 11 and Virginia
Secondary Route 669. The property has approximately 1380 feet of frontage on US
Route 11. The property is located between US Route 11 and Interstate 81 with
approximately 1440 feet along the interstate. The parcels to be rezoned total 12.178+/
acres. Approximately 9.442 acres of the property is currently zoned General Industry
(M -2). Approximately 2.736 acres of the property is currently zoned Rural Areas
(RA).
The requested rezoning is to change the current 12.178 acres from General Industry
(M -2) and Rural Areas (RA) to Industrial Transitional (B -3) and Interstate Overlay (IA).
In addition to the B -3 use, the IA zoning is requested to allow an interstate road sign on
the site.
There are no residential units proposed as part of this rezoning. Four residential
structures will be removed and incorporated into the project. A site development plan for
the proposed use has been prepared in accord with all local and state regulations.
The portion of the property proposed for rezoning is located outside of the Urban
Development Area (UDA), but inside the Sewer and Water Service Area (SWSA).
Analysis of environmental and physical characteristics of this property to be
rezoned indicates that there is opportunity for development as envisioned for the B-
3 use. There are no environmental features that limit the development.
Sewer and water service will be provided by the Frederick County Sanitation
Authority. All appropriate utilities are available to the site for the proposed zoning
and use.
The rezoning of the 12.178 acres of the property fits within the guidelines of
present planned policy for the area. In summary:
The Northeast Land Use Plan identifies this property as being planned for
a business development use, and envisions "commercial land uses which
cater to the interstate traveler."
The property is located along an important transportation corridor.
The proposed use results in a decrease in traffic impact compared to a by-
right traffic impact under the current M -2 zoning. The proposed
rezoning /use also is accompanied with proffers for infrastructure
improvements to US Route 11 between Woodbine Rd. and Rest Church
Rd.
Manning Property
Impact Analysis Statement 06 May 2005
Detailed traffic studies have been conducted as part of the site development
process for County and VDOT reviews.
The property is located within an interstate interchange area.
Environmental limitations are identified allowing for the commercial
development as envisioned.
Fiscal impacts are recognized and remain very positive for the proposed
change of zoning.
Comprehensive Plan, Northeast Frederick Land Use Plan
The single most important consideration in the proposed downzoning is the Frederick
County Northeast Land Use Plan (NELUP).
Chapter 165 from the Zoning Code states in the very first paragraph under Intent,
purpose; "it is intended that this chapter provide one means to achieve the goals set forth
in the Frederick County Comprehensive Plan."
The Northeast Land Use Plan is the culmination of "two visioning meetings in January
2000 at the Stonewall Elementary School, votes on identified issues by participants and
comments associated with a prepared questionnaire. The Comprehensive Plans and
Programs Sub Committee (CPPS) utilized this information to establish objectives for the
Northeast Frederick Land Use Plan." Through the years there have been multiple public
discussions and hearings on the Northeast Land Use Plan; Planning Commission
approval, Board of Supervisor approval, Planning Staff recommendation and much input
from land use law experts and citizens.
In late 2003, Frederick County again amended the Northeast Land Use Plan to
accommodate the Sempeles Rezoning consisting of 112.27 acres located east and
adjacent to Martinsburg Pike (Route 11 North) and north and adjacent to Woodbine Road
(Route 669). This amendment was approved in order to "Relocate a Planned Major
Collector Road (Woodbine) and to propose Business Land Use" (in lieu of M -1 use).
The present RA and M -2 zoning of the 12.178 -acre site conflicts with the policies of the
adopted Northeast Land Use Plan:
1. "Proposed industrial land uses should be developed within master planned
areas which discourage individual lot access on the Martinsburg Pike (Rt. 11
North) corridor. "Adjacent to railroads
2.
"Proposed industrial, commercial development should only occur if
impacted road systems function at a Level of Service (LOS) Category C or
better." Current by -right traffic impact for the 9.442 M -2 acres exceeds the
proposed impact for the rezoned project. A LOS of C cannot be achieved
Manning Property
Impact Analysis Statement 06 May 2005
under the current M -2 zoning, given the by -right traffic impact and the by-
right access for some uses, without Rt. 11 infrastructure improvements.
This proposed B -3 rezoning and use is in harmony with the Frederick County Northeast
Land Use Plan and its adopted policies governing land use and zoning issues.
1. Policies
"Ensure that public water and sewer development proposals"
"Ensure that adequate LOS for all road systems are maintained or are
achieved as a result of future development proposals"
"Provide for interstate business development opportunities on the eastem
sides of Interstate 81 interchanges."
"Concentrate business uses at strategic locations along the Rt. 11 North
Corridor."
"Discourage random industrial land uses along Rt. 11 that are
incompatible with adjacent existing land uses."
2. Transportation
"Identify appropriate locations for signalized intersections to maintain or
improve LOS" (Woodbine Road, VA Sec Rt. 669)
"Encourage the expansion of Rt. 11 to a four -lane roadway"
"Minimizing new driveways and intersections with Rt. 11 North"
The Northeast Land Use Plan is site specific, and use specific:
"Business and Commercial land uses are proposed along the Martinsburg
Pike corridor east side of I -81, Exit 323,
"It is envisioned that commercial land uses which cater to the interstate
traveler will be developed along the I -81 interchange area."
"The development of business and commercial land uses is encouraged at
designated signalized road intersection." (Rest Church, Woodbine)
Manning Property
B. Site Suitability
The site is well suited for development. According to the 2000 Frederick County
Comprehensive Policy Plan, the property is within the Interstate Interchange Area. The
revised Northeast Land Use Plan (adopted August 12, 2003) labels this property as being
planned for a business use. The proximity of the property to US Route 11 and Interstate
81 makes it a highly desirable site for B -3 /IA zoning.
100 Year Flood Plain
A portion of the parcel is within the designated areas of the 100 -year flood. This area is
located along Duncan Run, which forms the southern property line. No buildings or
pavement are planned within the flood area. A portion of the stormwater retention pond
will be within the flood area.
Wetlands
Wetlands have been identified on the site. There will be no disturbance of wetlands.
Steep Slopes
The property generally slopes to the south and east. The land is situated between two
major highways and is gently sloping toward US Route 11 and Duncan Run. Slopes are
less than 15
Mature Woodlands
The site contains no mature woodlands.
Soils
There are no critical soil areas on the site.
Impact Analysis Statement 06 May 2005
Comprehensive Planning
The property is located with frontage along I -81, near an existing interchange, is
compatible with IA zoning policies and procedures and is within the Frederick County
Sanitation Authority's Sewer and Water Service Area.
The planned rezoning is compatible with all Frederick County comprehensive planning
and land use designations and policies. The Frederick County Northeast Land Use Plan
has designated this area for future business development. The planned use of this
property is also consistent with Comprehensive Planning guidelines regarding ideal
interchange development patterns along I -81.
Note: The current RA and M -2 zoning of the property is in conflict with the
Frederick County Northeast Land Use Plan. A heavy industry zoning district
is not envisioned and made part of the Northeast Land Use Plan. B -3 zoning,
as proposed, brings this property into conformance with the currently
adopted Northeast Land Use Plan and envisioned land use.
Rest Church Rd.
Route 669
Woodbine Rd.
Route 669
US Route 11
Martinsburg, Pike
To Winchester, VA
L—_/J /1 l I B aQ O/ V b
To Martinsburg,
o g, WV 49
e
,._/,-7 a3,,�l0
sv
1
1
0
A
Locational
Map
Manning Property
L
Triad Engineering, Inc.
www.triad winc.com
SCALE
0.2 0.1 0 0.2 0.4 0.6
Miles
1:24,000
06 May 2005
Current Zonan
of
Interchange 323
Whitehall
Zoning
0 0.05 0.1
B2
B3
EM
RA
M1
M2
Key Features
Interstate 81 Duncan Run
US Route 11 WV Line
SWSA Line
Woodbine Road (Sec. Rt. 669)
Rest Church Rd. (Sec. Rt. 669)
Triad Engineering, Inc.
200 Aviation Dr.
P.O. Box 2397
Winchester, VA 22604
(540) 997 -9300
SCALE
0.2 0.3 0.4
Miles
DATE: 06MAY05
;tC- mr7 -v
1:10,000
US Route 11
(Martinsburg Pike)
I -81
Exit 323
Whitehall
Virginia/West Virginia Line
Current Land Use
of
Interchange 323
Whitehall
Land Use
Key Features
Interstate 81 Duncan Run
US Route 11 VA/WV Line
SWSA Line
Woodbine Road (Sec. Rt. 669)
Rest Church Rd. (Sec. Rt. 669)
0 0.050.1
Commercial
Industrial
Residential
Vacant
Triad Engineering, Inc.
www.triad- winc.com
1:10,000
SCALE
0.2 0.3
0.4
P17111111rAnMr.N.1 War*
Miles
1" 1000'
06MAY05
4 0 00 0 0 0 0 0 44
0`41/4
Future Zone
and
and Use
Zoning
B2
B3
RA
M1
M2
EM
West
SCALE
Land Use
Triad Engineering, Inc.
www.triad winc.com
0 0.05 0.1 0.2 0.3 0.4
Miles
1:10,000 1" 1000'
g
Residential
Commercial
Industrial
Key Features
Interstate 81 Duncan Run
US Route 11
SWSA Line
Woodbine Road (Sec. Rt. 669)
Rest Church Rd. (Sec. Rt. 669)
VA/WV Line
DATE: 06MAY05
1
111
Iraml
RA Zoning
M -2 Zoning
Nom— Duncan Run
Current Zonin of the k`uiannin Pro •pert
US Route 11
Interstate 81
0 125 250
Scale
500
750
1:3,600
1" 300'
1,000
Feet
ors
Triad Engineering, Inc.
www.triad winc.com
Exit 323 7"_,I-- J7
Whitehall
Rest Church Roac
VA Sec. Rt. 669
//SITE US Route 11
Martinsbur Pike
Zoning
ith IA 8 Acres
i� Woodbine Road
Palemar
itiataa ra I I
Proposed Zoning of the Manning Property
Site ^M^- Duncan Run
US Route 11 Interstate 81
0 125 250
1:3,600
SCALE
500
750
1 ,000
1" 300'
Feet
Triad Engineering, Inc
www.triad winc.com
Manning Property
Impact Analysis Statement 06 May 2005
C. Surrounding Properties
The site to be rezoned is bordered on the north by the Exxon convenience store /service
station zoned RA. To the east of the site is US Route 11, Martinsburg Pike, with single
family residential homes located on the eastern side of US Route 11 across from a portion
of the site's frontage.
Also to the east is the Sempeles property, recently rezoned to include 100 acres of
Industrial (M -1) and 10 acres of Commercial (B -2). To the south of the site is vacant land
zoned RA which borders an auto body shop, recently rezoned to B -3. Along the western
side of the property is the northbound lane and exit ramp of Interstate 81. West of I -81 is
the Flying J, which was rezoned to B -3 circa 1996.
Manning Property
D. Traffic
Impact Analysis Statement 06 May 2005
According to the most recent Traffic Impact Analysis of the property prepared by Mr.
John Callow of PHR +A. dated July 20, 2004, the traffic impacts associated with the
property development and its projected build -out are acceptable and manageable. All
study area intersections maintain acceptable levels of service "C" or better for 2005
build -out conditions.
The planned truck entrance to the site will have its centerline aligned with the centerline
intersection of Woodbine Road (VA Sec. Route 669) and US Route 11. The applicant
has proffered terms and conditions regarding the design of this commercial entrance and
its signalization.
The property will have 1380 feet of frontage on US Route 11 (Martinsburg Pike), for
access. US Route 11 links with Rest Church Road (VA Sec. Route 669), approximately
350 feet north of the site. US Route 11 is a three -lane road that has an 80 -foot right -of-
way. Rest Church Road is a four -lane road with an approximate 60 -foot right -of -way
width and taper; there is an additional right -of -way at I -81 and US Route 11. The
intersection of US Route 11 and Rest Church Road is signaled, with a dedicated turning
lane in both directions on US Route 11. Rest Church Road intersects with I -81 (Exit 323)
approximately 250 feet from US Route 11. The applicant has proffered terms and
conditions regarding the frontage along US Route 11.
A complete Traffic Impact Analysis has been prepared and reviewed with VDOT. A
copy is attached and made part of this application.
/1/ PCCOgliiii(111 (!t
INDIANA READY MIXED
CONCRETE ASSOCIATION
PROPER
PROFFERED INDUSTRIAL
ACCESS ROAD PER WHFTEHALL
COMMERCE CENTER
P CONC. MEDLW
(2 RA GED. 2 FLUSH)
Z
-J
U
W--
H a
w
00
cc
0
0
Manning Property
Impact Analysis Statement 06 May 2005
E. Sewage Treatment
There are no known limiting factors for the conveyance of sewage and sewage treatment
from this property. The site is located within the Sewer and Water Service Area
(S W SA).
The applicant has reserved 12,000 gallons per day capacity with the Frederick County
Sanitation Authority (FCSA).
Manning Property
F. Water Supply
Impact Analysis Statement 06 May 2005
There are no known limiting factors for supplying this site with water. The site is located
within the Sewer and Water Service Area (SWSA).
Manning Property
Impact Analysis Statement 06 May 2005
G. Drainage
The site has no identified drainage problems. The southem portion of the site is located
within a recognized flood area along Duncan Run. The property slopes generally from
the west to the east and drains south toward Duncan Run. There are no streams or ponds
located on the site, except Duncan run that forms the southern property line.
An increase in storm water runoff can be expected with any development on the property.
Storm water management will be provided in accordance with the Frederick County
Code, Chapter 165. Further, the stormwater facility will be designed and engineered so
that the quality and quantity of stormwater retained and discharged will meet all
applicable environmental and development standards.
Manning Property
Impact Analysis Statement 06 May 2005
H. Solid Waste Disposal Facilities
No additional solid waste disposal facilities will be required for the proposed
development. Tipping fees are $38.00 per ton. A private solid waste hauler will handle
collection. A service station with an 8400 S.F. convenience market has a GPV unit value
of 0.1, or 840 /day. This will result in a waste flow increase of less than 1/10 of 1% at the
existing landfill.
Manning Property
Impact Analysis Statement 06 May 2005
1. Historic Sites and Structures
The site contains no known historic sites or structures as listed on the National Register.
Manning Property
J. Community Facilities
Education
A positive fiscal impact to education facilities is anticipated.
Impact Analysis Statement 06 May 2005
Emergency Services
The Frederick County Sheriff's Department provides police protection. The fire and
rescue facility designated to serve this site is the Clearbrook Fire and Rescue Company
located south of the site in Clearbrook. No additional fire and rescue facilities will be
required for the area proposed to be rezoned.
Parks and Recreation
A positive fiscal impact to parks and recreation facilities is anticipated.
1. Applicant:
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff:
Zoning Amendment Number
PC Hearing Date
Fee Amount Paid 4/02 '7. SU
Date Received 5 G D
BOS Hearing Date (o o
rn
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of the
Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
Name: T. Pat Manning Audrey A. Manning
Address: PO BOX 580 C /0: MR. PAT MANNING
ST. PETERS, MO 63376
2. Property Owner (if different than above)
Name: T. PAT MANNING AUDREY A. MANNING
Address: P.O. BOX 580, ST. PETERS, MO 63376
3. Contact person if other than above
Name: PAT MANNING
4. Checklist: Check the following items
Location map
Plat
Deed to property
Verification of taxes paid
11
Telephone: 636 947 -0255
Telephone: (636) 947 -0255
Telephone: 636 947 -0255
FAX: (636)-896-0197
that have been included with this application.
Agency Comments
Fees
Impact Analysis Statement
Proffer Statement
L✓
5. The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
T. PAT MANNING AUDREY A. MANNING
6. A) Current Use of the Property: VACANT and RESIDENTIAL (RA PORTIONS)
B) Proposed Use of the Property: GASOLINE SERVICE STATION (SIC 5541)
(See Attached Site Plan)
7. Adjoining Property:
PARCEL ID NUMBER USE ZONING
33A- (A) -11 COMMERCIAL RA
33A- (A) -25 VACANT RA
33A- (A) -26 RESIDENTIAL RA
33A- (A) -27 RESIDENTIAL RA
33A- (A) -27A RESIDENTIAL RA
CONTINUED ON ATTACHED SHEET
8. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names and route numbers):
Approximately 350 feet south of the intersection of VA Secondary Route
669, and US Route 11, Martinsburg Pike, located between US Route 11 and
1 -81 and continuing south to Duncan Run. This property is south of Exit 323
(Whitehall Exit).
12
ADJOINING PROPERTIES (CONTINUED)
PARCEL ID NUMBER
33 -(9) -1
33A- (A) -28
33A- (A) -29
33A- (A) -30
33A- (A) -31
33A- (A) -33
33A- (A) -34
33A- (A) -91 (adjusted)
33A- (1) -22
33A- (1) -23
33A- (1) -24
34 -(A) -2
USE ZONING
COMMERCIAL B -3
RESIDENTIAL RA
RESIDENTIAL RA
RESIDENTIAL RA
VACANT RA
RESIDENTIAL RA
VACANT RA
VACANT RA
RESIDENTIAL RA
VACANT RA
RESIDENTIAL RA
VACANT B2
Adjoining Property Owners
Rezoning
Owners of property adjoining the land will be notified of the Planning Commission and the Board of
Supervisors meetings. For the purpose of this application, adjoining property is any property abutting
the requested property on the side or rear or any property directly across a public right -of -way,
a private right -of -way, or a watercourse from the requested property. The applicant is required to
obtain the following information on each adjoining property including the parcel identification number which
may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue
is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street.
15
Name and Property Identification Number
Address
Name Funkhouser H.N. and company
P.O. Box 2038, Winchester, VA 22604
Property 33A- (A) -11
Name Semples, George M. and Carol T.
331 Woodbine Road, Clearbrook, VA 22624
Property 33A- (A) -25
Name Pope, Leslie Osborne
136 Jordan Drive, Winchester, VA 22602
Property 33A- (A) -26
Name Ellis, Dolores Esther
4568 Martinsburg Pike, Clearbrook, VA 22624
Property 33A- (A) -27
Name Molden Real Estate Corp.
2400 Valley Avenue, Winchester, VA 22604
Property 33A- (A) -27A
Name Helsley, Roger L. and Phyllis A.
497 Front Royal Pike, Winchester, VA 22602
Property 33A- (A) -28
Name Curry, Thelma M. and Robin A. Light
4592 Martinsburg Pike, Winchester, VA 22624
Property 33A- (A) -29
Name Kitts, Fred Milton and Rebecca A.
4600 Martinsburg Pike, Winchester, VA 22624
Property 33A- (A) -30
Name Smallwood, Donald Y. and Barbara N.
108 Juliet Lane, Bunker Hill, WV 25413
Property 33A- (A) -31
Name Larrick, Delmar B. Jr. and Cynthia K.
4622 Martinsburg Pike, Clearbrook, VA 22624
Property 33A- (A) -33
Adjoining Property Owners
Rezoning
Owners of property adjoining the land will be notified of the Planning Commission and the Board of
Supervisors meetings. For the purpose of this application, adjoining property is any property abutting
the requested property on the side or rear or any property directly across a public right -of -way,
a private right -of -way, or a watercourse from the requested property. The applicant is required to
obtain the following information on each adjoining property including the parcel identification number which
may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue
is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street.
15
Name and Property Identification Number
Address
Name Middle Ridge Traditional Stone
P.O. Box 1004, Berryville, VA 22611
Property 33A- (A) -34
Name Jennings, Thomas Roy and Mary P.
4514 Martinsburg Pike, Clearbrook, VA 22624
Property 33A (1)
Name Shanholtz, Sharon A.
3733 Dort Place, Columbus, OH 43227
Property ti 33A-(1) -23
Name Shanholtz, Sharon A.
3733 Dort Place, Columbus, OH 43227
Property 33A- (1) -24
Name Semples, George M. and Carol T.
331 Woodbine Road, Clearbrook, VA 22624
Property 34-
Name DeHaven, Manuel C.
4273 Martinsburg Pike, Clearbrook, VA 22624
Property 33- (A) -91
Name CFJ Properties DBA Flying J Travel Center
P.O. Box 150310, Ogden, UT 84415
Property 33 -(9) -1
Name
Property
Name
Property
Name
Property ti
Name
Property
Name
Property
Name
Property
Name
Property
16
Acres
Current Zoning
Zoning Requested
9.442
M -2
B -3 and IA
2.736
RA
B -3 and IA
•7 is
Total acreage to be rezoned
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to
provide information conceming 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 Identification/Location: Parcel Identification Number SEE ATTACHED SHEET
Magisterial:
Fire Service:
Stonewall
Clearbrook
Rescue Service: Clearbrook
Districts
13
High School: James Wood
Middle School: Frederick County
Elementary School: Stonewall
10. Zoning Change: List the acreage included in each new zoning category being requested.
11. The following information should be provided according to the type of rezoning proposed
Number of Units Proposed
Single Family homes: N/A Townhome: N/ Multi Family: N/A
Non- Residential Lots: 1 Mobile Home: N/A Hotel Rooms: N/A
Square Footage of Proposed Uses
Office: Service Station: 8400
Retail: Manufacturing:
Restaurant: Warehouse:
Other:
12. 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 the zoning map of
Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for
site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at the front
property line at least seven days prior to the Planning Commission public hearing and the Board
of Supervisors' public hearing and mainttined so as to be visible from the road right-of-way until
the hearing.
I (we) hereby certify that this application and its accompanying materials are true and accurate to
the best of my (our) knowledge.
Applicant(s):
T. PAT MANNING
aga (C
AUDREY MANNING
Owner(s):
T. PAT MANNING
AUDREY A. M
14
Date: O
Date:
Date ZS�
col
Date:
Adjoining Properties to the Manning Property
Manning Site US Route 11
-nos-- Duncan Run Interstate 81
0 125 250
1:3,600
750
1" =300'
1
Triad Engineering, Inc.
www.triad- winc.com
1
1
P; RF.OT
4,10./F11 1.37 7 33 PRCI., ?1
12.11./ .37 TO 3.4 PriCL
/to.: 7.. 1 ION:
Id PP..; Vs' (OklOINM
i FC 91 2..O1
Ar. <TM/.L)
j 3A 1' h:Cl. 1 O.i iSL Alj. (NEW)
1:13 5' RCA f••1 3.7;377 AC. (NEW:.
i 1.3057 AC. cluCal)
FT.2. ruof /2.f.iffils
cLATE
111C 131/1. LINE :UV. izirmEr:r PLArrED ERI Oil, C:014TAINING
.1.3057 ACF ES, IS 1.1. ACCOROMICE Vf11 NE 1:1 OF 111C
1Jrintr;sica.47c ovNE4., "%ND I NUS IIC5.
OWNER DA7E
coMI.1o1..ViEAL11-1 Of VIRGINIA
C./.11111E*.CIF7CRECEFA:F.S.TO-.
1 f 1 1 1
I, 2 1 A 1:0TARY pueLic EM.) 4.:3LINic, DO
(x ;Iva kL)10.5E NI IS SIGN TO 1HE
171- 1 li_ 11E10 AN; EAR DA iHE.a DAY OF_iLL•::-21..1
2'J CC,f 1I.AS 11115 DAY AC f: SOVil ;1110i. f1 111C SAME BEFOFC f/E IN 1/Y
SAIL) COUN C.1;51_1
Gwyn ..wr.cr; IN I 'AND 1111.5 DAY Or L;■;', 21
1, COMM iS :1;ON I ?CS .;;V:‘;:',..
movine
HERESY C Eli WY 'NA I I HiS SUFC/f.Y NW ANY INFORMA110:1 SHOWN
11CF EON 15 !ASEO ON AN ACTUAL FrELD HUN SURVEY i/./111' 11111112 MY
SUPERVISION AND 'HERE ARE 140 /.Pp/RENT ENCSOACHMEN N 011-1E14
11-1A.14 If 1 ,051: SHOWN cii run ED.
PI AT OOLINDAE`f LINE ADJ OS OALI'l 1 HE [WEE!:
H-fl: LAND OF
MANIJEL 0. DLI-iAVEN
STONEWALL WA01511:120.1, $1151111C r
IliELIERIGK won /Y. VIILGI
CUTE: JUNE 9, 2OWS CALE: 1 ono
1=1:::-7,71
111 /IA 2:9
TRIAD ENGINEERING, INC.
210 ;MAI IC G5 RIE fYINCHESTER,
C1/2.1 (;1,1 667 r.0: (540) 007 UU
SHEET 1 OF 4 L17-113-525 1
4;CCESS HIGHWAY I
...;;;C•r
(R,/1/4 VAR iES) V" t .7
Ur NI 9 F:3. ly E 1316.to (1
I c...-
IT D .4. 5.- 1 zi R:CAL5
6
l r 4
113 0,, a_ 14 ;0 SLOP 1)
S 41.:E...c•d' F/11 4 1 I
N
-1 o
N55".19;0 PRI r.1
2
r .11.111E 9, 21)03
1
r, 1
'e
7.t
T.... ;'1t4.1•11..jp_ C. C'EF1/0:11_[ L 7.21 MANUEL C. DEHAVFN
f'NF j
Y l ADJUSTED PARCEL 12
ADJUSTED PARCEL g I -L.—,
3.7877 AC i ;Fe.•z; 10.5180 AC.
1
:1)SE: VAC AN I
r--- USE VACANT
1
14'175' 1 O '6. IJ In
1
122.17' 5 0
1 11152".54Thn
l
49.0 I 1 1 L i
1 PROPERTY UM. io
cf:
N- z 't PLAT '2 •CYNING E. R UNE AD.105;150.N1 Hi: 015
i
177 2O THE LAND OF
1
irutn'r GREATED I.C.
II
I k i kr: ""1 MANUEL. C. DEI4AVEN
-.0
.1;,;;;:;;;•; r.m.:,...-;(1.1, tl,
7" 134,01' L I ba 1
I'M I L 1-.1
Kei
i'18 n 4 5 3 2 5CI 'el
'N:.i. "f f 1
1
k
i p HI I c r 1 2
RI
00
1 1
(R ra
570FIZOCI_ II 01S1RICI
FREDERICK C•LIAIIY. VINGINIA
DATE: JUNE 9, 21103 SCALE: 1' 100'
etn LSTFI
[71 El
TRIA0 ENGINIIRIttS,
200 .L:v)ATICV DRIVE N C1 in IA
(540) 52 9300 FAX (540 t11:11--22(50
11111.1:1" 2 01 1 07-03-0251
MANUEL. C. DEIIAVEN
ADJUSTED PARCEL 12
10.5160 AC.
USE! VACANT
I
0 s'
INT. 81
LIMITED AcCE. 1-11(11-1WAY
(1 VARIES)
hiv.rt,.."; 1 516...15 (i01AL)
I e, VON
i OD lc. 11-4 IT
P. II
P1
.404044
r I c‘
P
Po- 42
P
Z EA? ib F. ILFREGUE
1Ei53
46
Ly.f.
n Is s
E-13.5
SHEET 3 or 4
LLL-'
1 aciitTETT I a
r 6 c, eTCL i I:0 62zy 11
EI,: EV• 32A. I ilicl, 1-1 MST. tD. Cr2T.4: 16117
70NED: FA ,Eal: RESIDENT:AL
ZE:4:?: 'PA U'''" ITE%I.EIFFTIIA!
W.D. LI.: COP.OTI f r i 3. PITCL 15 043 To 2.11-ID 5
i CRKETCIF: Fr 7.01E0: 9/; UDE: PIN I.IEN1V.1
HELL::
1A. OSEIC-IJITa. 1)! ,TZIA !ar.,!: 1 Ed., WM NOL i'1IC:7042 S 2
I ZONED; FA I.Y.at.: RFT:NUT
fl
FLAB 1 11CITIN0AITY LINE ADJUSTMETT I BETIVEEN
1 FIE LAND OF
MANuIEL 0. DEHAVEN
mi,LILsIERIAL
L'HELALicier: coutat. VIRGINIA
Did I: JUNE Y 2U3 SCALE: 1 iCY
L7 URA Lg
Ili LA.!) ENUINEER.V
200 :V.:V..110N DRIVE WINC:ICS1 r VIRGINIA
(-;A:CI) :557 alDEI FAX (540) titi 2.260
07-
SUlaBLfi 1 ECM. A/C.:1
AS2 I 1.1C7H 1 :aka' ii4).
I Aa.aa NI
c14:Ill'a C‘ParaCT•CaN
CHCP22 LOW III
C71 nareye)1
t 11:2.5' a "•7G5 i 1-
4C1.441
HP, 4 Of
fiCD.:0
C2 I ii4
.:a6.33 53 53'
111.1fi'
1.2,Cr37
aili.2
1 i al rat ;1
Thil.53'
31
'316 I VW
7E3.45'
71>
I 1
rn
rl
111 Ca' 52
1.: R. 4 ai f
VI al-1
a 4_
1.12.4"e
;Mt TE 71 P
A C PC' k 1
[0.13 V +wi
E 0 DIL114
PliLIFILI03' LIM'S t
1 U. 80 C. FiEl:E01
ADJUSTED PARCEL 12
USE: VACAHI N.'
f l izil C1'011' 10 ik.i.
IM; 4
4
e5 a a N. '14 11 71•1 c
::',1 I nada; 1•::•14 fl: I.' 4.3.03'
P aa 1 "'LI& I I. kri 0
i i a ILI
RTE.
(RA,' VARIES)
1.0'11 la: V.:.
7; n' 1 .2 ci ,,ON.3.1C1'.. _1. 2 .L
Pr. IRia;
IRS
57.00'
321r3431"ttr
S
t0•3
1 (1)
a4 ,64.04.00.6. 6
sie
Z''
a ..V..-• 1.>
Ve
o C /C l'j
z et ix c.f.. 1.7 2. 4
4 MVP r. siai4K,SS
la
t
0
Ilo. 3 ir.i
e
0
i VN dr
2:j P c ir
„HY': F. 9. 2003
1 NE ALIJ'JSrMENT iiErWEErl
THE 1 AND Cr
MANUEL 0. DEHAVEN
).0.1.31STERIAL aim MCI
FREDERICK COLD"Trr",
LaME: JUNE 'J, 2003 SCAM: 1•
t.=%••••
..7%.‘ P. )1
IRIA9 ENSINEERIt IC, I NC.
21.10 Na.'1ARGal DRIVE WIN °NESTER, VIRGINIA
('ii)) 667— !V Cit? tx 5•0) 07
31111:17.1 4 Or 07-03-11251
100'
0
Vt.
:74
s C ci 1
'7: 1
s r
1
z-.: s I s e.
1
tr tt-E- 2: _I; s T...
1, I I
1 i
i I .7 ;3
1.. 1 ii
I t:l tr ;I
•It E 7 11 t
I. 7
A:
z
f l i2