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HomeMy WebLinkAbout07-05 CommentsMr. 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 (1A). 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 comment 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 will 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 HES /rls 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 stomrwater management facilities and related drainage strictures. 8) Under attaclunents, 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. I can be contacted at 665 -5643 if you should have any questions regarding this proposed rezoning. cc: Planning and Development file A:\narmingpro prezeom.wpd Sincerely, Harvey E. Sttwsnyder, Jr., P.E. Director of Public Works 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. Dear Mike: HALL, MONAHAN, ENGLE, MAHAN MITCHELL 11 A PARTNERSHIP OF PROFESSIONAL CORPORATIONS I 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 O EAST BOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540662.3200 FAX 540-662-4304 E Isssers @halllllonahan.com Re: Manning (Arogas, Inc.) Proposed Proffer Statement PLEASE REPLY TO: P. 0. Box 848 WINCHESTER, VIRGINIA 22604 1 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, 1 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. RTM /glh Attachment HALL, MONAHAN, ENGLE, MAHAN MITCHELL 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? 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. truly yours, Robert T. Mitchell, Jr. REZONING: 1 PROPOSED PROFFER STATEMENT RZ. Industrial General (M -2) and Rural Areas (RA) to Industrial Transitional District (B -3) and Interstate Overlay District (IA) PROPERTY: 12.178 Acres "the Property") Tax Map Parcels 33A -A -12, 13, 14, 15, 15A RECORD OWNER: T. Pat Manning and Audrey A. Manning APPLICANTS: T. Pat Manning and Audrey A. Manning PROJECT NAME: Aerogas, Inc. ORIGINAL DATE OF PROFFERS: April 25, 2005 REVISION DATE(S): N/A Rezoning Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Vagina 22824 (540) 984 -5600 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: PAT MANNING Mailing Address: PAT MANNING P.O. BOX 580 ST. PETERS, MO 63376 Current zoning: RA 8 M -2 Zoning requested: B -3 and IA Virginia Department of Transportation Comments: 20 Hand deliver to; Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Telephone: 636 947 -0255 Location of property: 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 the 1 -81 Intersection Acreage: 12.178 See attached letter from VDOT to Mr. Pat Manning dated April 21, 2005. VDOT Signature Date: Notice to VDOT Please Return Form to Applicant Philip A. Shucet COMMISSIONER April 21, 2005 Mr. Pat Manning P. O. Box 580 St. Peters, MO 63376 Ref: Manning Property Dear Mr. Manning: COMM NWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 JERRY A. COPP RESIDENT ENGINEER TEL (540)984 -5600 FAX (540) 984 -5607 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 the property referenced. 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 plans detailing entrance designs, drainage features, and traffic flow data from the 1.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 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. Thank you for allowing us the opportunity to comment. r Lloyd A. Ingram, Transportation Engineer LAUrf Enclosure: Comment Sheet VirginiaDOT.org WE KEEP VIRGINIA MOVING Philip A. Shucet COMMISSIONER April 21, 2005 Mr. Pat Manning P. O. Box 580 St. Peters, MO 63376 Ref: Manning Property COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA22824 Dear Mr. Manning. 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 the property referenced. VDOT is satisfied that the transportation proffers offered in the Manning Property (Mr: FueUArogas) Rezoning Application dated August, 2004 and lane configuration drawings submitted by Triad Engineering on April 6, 2005 addresses transportation concerns associated with this request. p c/ All transportation pro r ling Application and Impact Ouvrec ,te, cto Analysis Statement si ore /A 1/DOT and Frederick County prior to the issuance ol Before development, this office will require a complete set of construction plans 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 dedications, traffic slgnalization, 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. Thank you for allowing us the opportunity to comment. Lloyd A. Ingram, Transportation"Engineer LAUrf Enclosure: Comment Sheet VirginiaDOT.org %MC YCCD■/IDCIAnA •r'.Ini,r. JERRYA:COPP RESIDENT ENGINEEF TEL(540)9845600 FAX(540)984.5607 Philip A. Shucet COMMISSIONER October 1, 2004 Mr. T. Pat Manning P. 0. Box 580 St. Peters, MO 63376 Dear Mr. Manning: COMMONWEALTH of VIRGINIA Ref: Manning Property Rezoning Arogas /Mr. Fuel DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA22824 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 the property referenced. Before final approval is given, a dated copy of the proffers will need to be presented to this office. After an extensive review of the proposed road improvements and traffic impact analysis, VDOT is satisfied that the transportation proffers offered in the Manning Property Rezoning application dated August, 2004 addresses transportation concerns associated with this request. VDOT offers the following comments to ensure the encompassment of the transportation proffers: L Left turn lanes include transitions, tapers and storage areas. 2. The developer will be responsible for any adjustments or additional equipment needed for the existing signals to handle the new road geometry. 3. Any utilities in conflict will need to be relocated at the developer's expense. 4. Any additional right -of -way required for the road widening will need to be obtained by the developer. 5. The improvements must be part of the first site plan approval and construction operational prior to issuance of a land use permit for the commercial entrance pemnit. 6. The developer will be responsible for erecting an overhead sign system meeting VDOT standards at the dual left turn area directing traffic to the correct lanes for north and south bound I -81 traffic. VirginiaDOT.org WE KEEP VIRGINIA MOVING JERRY A. COPP RESIDENT ENGINEER TEL (540)984 -5600 FAX (540) 984 -5607 Mr. T. Pat Manning September 30, 2004 Page #2 Before development, this office will require a complete set of construction pans .e 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 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. Thank you for allowing us the opportunity to comment. Lloyd A. Ingram Transportation Engineer LAl/rf Blind Copy: Mr. Eric Lawrence Hi OCT 4 2004 p FREDERICK COUNTY PLANNING IEVELOPMENT Rezoning Comments Mail to: Frederick County Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665 -6350 Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location mar proffer statement, impact analysis, and any other pertinent information. Applicant's Name: PAT MANNING Mailing Address: PAT MANNING P.O. BOX 580 ST. PETERS, MO 63376 Location of roPrtY� e Approximately 350 feet south of the intersection of VA Secondary Route of property: 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 the 1 -81 Intersection Current zoning: RA M Fire Marshal's Comments. Frederick County Fire Marshal Zoning requested: B-3 and IA 22 RECEIVED AUG 1 7 2004 Hand deliver to: Frederick County Fire Rescue Dept. Attn: Fire Marshal County Administration Bldg., 1st Floor 107 North Kent Street Winchester, Virginia Telephone: 636 947 -0255 Acreage: 12.178 3 Gry S�tc CNN1c C --CS L-$01/4k Fire Marshal's Signature Date: I►i•11. Notice to Fire Marshal Please Ret n This Form to the Applicant Rezoning Comments Mail to: Frederick County Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665 -6350 Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location mar proffer statement, impact analysis, and any other pertinent information. Applicant's Name: PAT MANNING Mailing Address: PAT MANNING P.O. BOX 580 ST. PETERS, MO 63376 Location of roPrtY� e Approximately 350 feet south of the intersection of VA Secondary Route of property: 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 the 1 -81 Intersection Current zoning: RA M Fire Marshal's Comments. Frederick County Fire Marshal Zoning requested: B-3 and IA 22 RECEIVED AUG 1 7 2004 Hand deliver to: Frederick County Fire Rescue Dept. Attn: Fire Marshal County Administration Bldg., 1st Floor 107 North Kent Street Winchester, Virginia Telephone: 636 947 -0255 Acreage: 12.178 Control number RZ04 -0014 Project Name Manning Property Address P.O.Box 580 Type Application Rezoning Current Zoning Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Access Comments Additional Comments Plan Approval Recommended Yes Date received Date reviewed 8/17/2004 8/18/2004 Tax ID Number 33- A- 12,13,14,15 Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments City St.Peters Recommendations Automatic Fire Alarm System Residential Sprinkler System Yes Requirements Hydrant Location Not Identified Roadway /Aisleway Width Not Identified Applicant Pat Manning Fire District 13 State MO Zip Reviewed By signature Timothy L. Welsh Title 63376 Rescue District 13 No Fire Lane Required No Special Hazards No Date Revised Applicant Phone 636 974 -0255 Election Distdcl Emergency Vehicle Access Comments Water supplies for firefighting shall meet the requirements of Frederick County Code section 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. FIRE MARSHAL, FREDERICK C=1RY,Y I he 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 1 .1 1 I 1 111 1 1 1 given easements to the Authority for the extension of water and sewer lines to the west of 1 -81. This 1 •1- 1 1 1 1.11 -1 1 Sanitation Authority Signature Date: a %.ric1L Vd eirO Notice to Sanitation Authority Please Return This Form to Ilse Applicant Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: PAT MANNING Mailing Address: PAT MANNING P.O. BOX 580 ST. PETERS, MO 63376 Location of roPnY� e Approximately 350 feet south of the intersection of VA Secondary Route P 669, and US Route 11, Martinsburg Pike, located between US Route 11 and 1 -81 and cohtintiing south to Duncan Run. This property is south of the 1 -81 Intersection Current zoning: RA M Zoning requested: B and IA Acreage: 12.178 Sanitation Authority Comments: 25 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Telephone: 636 947 0255 Fred -Winc Service Authority's Comments: AO commie-net Fred -Winc Service Authority's t Signature &Date: WYlil, 8`19 04 Rezoning Comments I I�) v Frederick Winchester Service Authority II Ara IU yat'1 a k �i:2.i G^ \Il Mt Mail to: Fred -Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722 -3579 Applicant: Please fill out the information as accurately as possible in order to assist the Fred -Winc Service Authority with their review: Attach a copy of your application form, location map proffer statement, impact analysis, and any other pertinent information: Applicant's Name: PAT MANNING Mailing Address: Location of property: 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 the 1 -81 Intersection Current zoning: RA M PAT MANNING P.O. BOX 580 ST. PETERS, MO 63376 Zoning requested: B and IA 34 Hand deliver to: Fred -Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Telephone: 636 947 -0255 Acreage: 12.178 Frederick Winchester Health Department Mail to: Frederick Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722 -3480 Applicant's Name: PAT MANNING Mailing Address' PAT MANNING P.O. BOX 580 ST. PETERS, MO 63376 south to Duncan Run. This property is south of the 1 -81 Intersection Current zoning: RA M Zoning requested: B and IA Frederick Winchester Health Department's Comments: 26 OC290 (16790 5F Hand deliver to: Frederick Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia Applicant: Please fill out the information as accurately as, possible in. order ,to assist the Frederick Winchester Health Department with their review. Attach a copy of application form, location map, proffer statement, impact analysis, and any other pertinent information. Telephone: 636 947 0255 Location of property: Approximately 350 +1 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 Acreage: 12.178 i,c, „07,1 Jlc ca. c t...,- H<..t +c, 0,E4. j oCD h o Cc,.,., c---45.. si�c� all Sc.,.c. a�� 1 ;22 f.l�.. NI I Go ._..0 LN' _rm t0'. f Wc,.tL.- i.,,:tl k Lai-4f L L b I4 lc. Cc' 2 S/o y _0S Sc Aca, SaiD 8 Health Dept. Signature Date: Notice to Health Department Please Return This Form to the Applicant Frederick Winchester Health Department Mail to: Frederick Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722 -3480 Applicant's Name: PAT MANNING Mailing Address' PAT MANNING P.O. BOX 580 ST. PETERS, MO 63376 south to Duncan Run. This property is south of the 1 -81 Intersection Current zoning: RA M Zoning requested: B and IA Frederick Winchester Health Department's Comments: 26 OC290 (16790 5F Hand deliver to: Frederick Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia Applicant: Please fill out the information as accurately as, possible in. order ,to assist the Frederick Winchester Health Department with their review. Attach a copy of application form, location map, proffer statement, impact analysis, and any other pertinent information. Telephone: 636 947 0255 Location of property: Approximately 350 +1 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 Acreage: 12.178 Rezoning Comments Mailing Address: Frederick County Department of Parks Recreation cat= ra=1121=6 Mail to: Frederick County Department of Parks Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665 -5678 Applicant: Please fill out the information as accurately as.possible in order to assist the Department of Parks Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: PAT MANNING PAT MANNING P.O. BOX 580 ST. PETERS, MO 63376 Department of Parks Recreation Comments: 23 Hand deliver to: Frederick County Department of Parks Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Telephone: 636 947 -0255 Location of property: 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 the 1 -81 Intersection Current zoning: RA M -2 Zoning requested: B and IA Acreage: 12.178 No Comment Pks. Rec. Signature &Date: I j (/�/J/ 2. /,lLl I Notice to Department /Parks Recreation Please Return This Form to the Applicant Rezoning Comments Mailing Address: Frederick County Department of Parks Recreation cat= ra=1121=6 Mail to: Frederick County Department of Parks Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665 -5678 Applicant: Please fill out the information as accurately as.possible in order to assist the Department of Parks Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: PAT MANNING PAT MANNING P.O. BOX 580 ST. PETERS, MO 63376 Department of Parks Recreation Comments: 23 Hand deliver to: Frederick County Department of Parks Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Telephone: 636 947 -0255 Location of property: 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 the 1 -81 Intersection Current zoning: RA M -2 Zoning requested: B and IA Acreage: 12.178 Administrative Assistant to the Superintendent Pat Manning P.O. Box 580 St. Peters, MO 63376 Dear Pat Manning: RE: Manning Property SMK: dkr 540 662 -3889 Ext 112 Frederick County Public Schools Visit us at www.frederick.k12.va.us September 1, 2004 This letter is response to your request for comments concerning the rezoning application for the proposed Manning Property project located approximately 350 feet south of the intersection of VA secondary Route 69 and US Route 11, Martinsburg Pike, located US Route 11 and 1 -81 and continuing south to Duncan Run. 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. Respectfully yours, cc: Dr. William C. Dean, Superintendent of Schools Stephen M. Kaposci Administrative Assistant to the Superintendent e -mail: kapocsis@fredenick.k12.va.us 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604 -2546 FAX 540 -662 -3890 Mr. Stephen Gyurisin Triad Engineering, Inc. P.O. Box 2397 Winchester, Virginia 22604 November 9, 2004 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 continents: I) 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 successfid 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 perforated to determined if the "vet 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 comment 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 will 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 tuning of this signalization will be determined by the Virginia Department of Transportation. This 107 North Kent Street Winchester, Virginia 22601 -5000 HES /rls A :irnanning p roprezeom.wpd 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 signilization 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 stormwater management facilities and related drainage structures. 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 Sincerely, Harvey E. Stawsnyder, Jr., P.E. Director of Public Works December 9, 2004 Mr. Pat Manning P.O. Box 580 St.Peters, MO 63376 Dear Mr Manning: 1) Preliminary Matters Re: Preliminary Comments Manning Mr. Fuel Travel Center Thank you for the opportunity to review the preliminary rezoning application materials for the Manning Property and the Mr. Fuel Travel Center. The following letter is offered to assist you as you continue to address the issues associated with this rezoning application. As customary, it is anticipated that these issues, and those of the reviewing agencies, will be fully addressed through revisions to the application prior to its consideration by the Planning Commission and Board of Supervisors. a)' The request presented to the County is for the rezoning of 12.178 acres of M -2 (General Industry) and RA (Rural Areas) zoned land to the B -3 (Industrial Transition) and IA (Interstate Overlay) Districts. On multiple occasions throughout the rezoning application the term down zoning is used. The use of this term is inaccurate given that a portion of the property is proposed to be rezoned from Rural Areas to Industrial Transition with Interstate Overlay. Further, the proposed proffered use of the property is arguably more intensive than many of the uses permitted in the M -2 (General Industry) District and is certainly significantly more intensive than the present use of the property. Staff respectfully offers that the term rezoning should be used throughout the rezoning application materials. 2) Impact Analysis and Proffer Statement 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 a) It is stated in the application that the proposed B -3 down zoning is in complete and total harmony with Northeast Land Use Plan its adopted policies governing land use and zoning issues. Staff would recognize that the proposed rezoning application addresses many of the policies of the Plan. However, it is important to identify that several policies and objectives have not been addressed or fully incorporated into this rezoning application, most significantly, the Comprehensive Plan policy that encourages the expansion of Route 11 to a four -lane roadway. The business corridor policies of the Comprehensive Plan are also applicable to Mr. Pat Manning Re: Preliminary Comments- Manning/Mr. Fuel Travel Center December 9.2004 Page 2 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. Please refer to the Bicycle Plan Map incorporated into the transportation section of the Comprehensive Plan. b) The TIA submitted with a rezoning application is a very important tool which is used to assist in the evaluation of the traffic impacts associated with the project. This annivsis is particularly' important to DnT. Suggested improv'erncnts. an incorporated into the TIA that will ensure an appropriate level of service upon the completion of the development project and the mitigation of many of the impacts of the proposed project. 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 goals are identified in the previous comment for your'consideration. c) It is critical that this rezoning application addresses the right -of -way needs of the project and the Comprehensive Plan. It is recommended that a right -of -way assessment is conducted in the vicinity of this project to clarify what the existing right -of -way is and what would be needed to address the transportation needs of this application. This assessment should be provided with the resubmission of the application. d) 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 itr 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. e) The TIA provided for review in conjunction with the rezoning application materials is an addendum to the original TIA for the Arogas Property. It would be helpful if the original TIA, including the methodology used for this project, is provided in addition to the addendum. Also, if a comparison of uses is to be used in the TIA then it would be more appropriate if the potential by -right development that is identified in Table 1 is more realistic. Mr. Pat Manning Re: Preliminary Comments- Manning /Mr. Fuel Travel Center December 9, 2004 Page 3 f) Street Improvements Proffer a., the proffered 12' lane widening consistent with VDOT commercial entrance standards appears to fulfill the need for a dedicated right turn lane into the project as is customarily required when multiple entrances to one project are located along a particular stretch of road. It would not be accurate to consider this as an additional through travel lane on Route 11. Please clarify if your intention of this proffer is to have this lane function as an additional through lane on Route 11 and how the widening of Route 11 to a four lane design to address the Comprehensive Plan will be accomplished. g) Street Improvements Proffer c., provides for the participation in a signal agreement involving partial cost sharing for the Woodbine Road /Route 11 intersection, the timing.of which will be determined by VDOT. 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 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. h) Figure 8 of the TIA indicates a build -out lane configuration and geometry at the Route 11 /Route 669 intersection and also at the truck entrance /Woodbine Road intersection that provides for a satisfactory level of service. However, the Proffer Statement does not appear to provide for the complete construction of those improvements which have been identified as necessary to maintain an adequate level of service. Please provide clarification regarding this issue. As mentioned previously, it should also be demonstrated that sufficient right -of -way is available, or has been obtained, to ensure that any necessary improvements to Route 11 and its associated intersections can be accommodated. i) Street Improvements Proffer e., states that the improvements to Route 11 will be consistent with VDOT standards. As important as this is, it is also important to recognize that the improvements to Route 11 will address the goals and objectives of the Comprehensive Plan as previously mentioned in this letter. j) The Architectural Site Plan that is voluntarily proffered as an element of the Proffer Statement appears to be outdated. It is suggested that the Architectural Mr. Pat Manning Re: Preliminary Comments- Manning /Mr. Fuel Travel Center December 9, 2004 Page 4 Site Plan be updated to accurately reflect existing road conditions including the recent improvements to Route 11 and Route 669. It may also be helpful to update the plan to address any recent modifications based upon the proposed transportation program. Alternately, it may be more appropriate to confine the scope of the Architectural Site Plan to the property for which the rezoning is requested. The Impact Analysis identifies that a site development plan for the proposed use has been prepared in accord with all local and state regulations. It may be more appropriate at this stage of the project to recognize that a final site plan will be prepared and -will be determined to be In conformance with- all applicable regulations at the time of final site plan approval by the County. The site plan is not presently being reviewed for conformance with County site plan regulations. It is general in nature for the purposes of illustrating the proposed proj ect. k) Design Features Proffers a. and b. do not appear to provide anything extraordinary or anything that is not presently required by the Zoning Ordinance and may be redundant. An architectural elevation plan would be a tool that could be used to implement and guarantee design features described in a proffer. This tool may be useful in helping to describe what the architectural design of the project is. Presently, the architectural design concept is not clear. I) Design Features Proffer c. also appears to be redundant as the requirements of the Zoning Ordinance and the proffered general site plan provide for the development of this site as a cohesive entity. m) Additional Site Proffers a. through e. appear to be redundant as they are presently required by County Ordinance. It is preferable that the proffers offered by the applicant are limited to only those that exceed or enhance the existing requirenien of the County Ordinances. n) It is requested that consideration is given in the Proffer Statement to providing additional BMP's relating to mitigating some of the unique impacts of the project. Such BMP's could include oil separators in conjunction with the stormwater management program and electric stations designed to address air quality issues. o) Please ensure that current tax statements are provided in the resubmitted application. The new statements should reflect the new ownership of the RA lots. At some point in the future a consolidation of the various lots covered by this rezoning application should occur. Mr. Pat Manning Re: Preliminary Comments- Manning /Mr. Fuel Travel Center December 9, 2004 Page 5 Sincerely, Michael T. Ruddy, AICP Deputy Director, Department of Planning Development MTR /dlw cc: Mr. Andy Weinmann, Triad Engineering Please feel free to contact me at any time regarding the above comments or the application in general. I look forward to continuing our participation in the review of this application.