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PC 11-03-10 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia November 3, 2010 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting................................................................ (no tab) 2) Committee Reports.................................................................................................. (no tab) 3) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 4) Rezoning #01-10 of Busy Beez Daycare, submitted by Greenway Engineering, to revise proffers associated with Rezoning 405-01 for 1.324 acres of land zoned B3 (Industrial Transition) District to B3 with revised proffers and 0.567 acres zoned B3 to B2 (General Business) District with revised proffers, totaling 1.89 acres. The properties are located on the west side of Martinsburg Pike (Route 11), approximately 2,000 feet south of Interstate 81 Exit 323, in the Stonewall Magisterial District, and are identified by Property Identification Numbers 33-A-92 and 33-A-93. Mrs. Perkins..................................................................................................................... (A) 5) Waiver Request — Telecommunications Tower — A request by AT&T, submitted by Greenway Engineering, to allow a 120 foot lattice -type telecommunication tower in lieu of a 120 foot monopole -type telecommunication tower as approved within Conditional Use Permit #05-10. The properties are located on the east side of Martinsburg Pike (Route 11 North), approximately 1/4 mile northeast of Interstate 81, Exit 317, and are identified with Property Identification Numbers 43-A-130 and 43-A-132 in the Stonewall Magisterial District. Mr. Cheran....................................................................................................................... (B) 6) Ordinance Amendment — Chapter 165 Zoning, Article II Supplementary Use Regulations, Parking; Buffers; and Regulations for Specific Uses, Part 202 Off - Street Parking, Loading and Access, 165-202.01 Off -Street Parking; Parking Lots — Revision to the curb and gutter requirements for parking areas. Mrs. Perkins..................................................................................................................... (C) 7) Other FILE COPY • C� REZONING APPLICATION 901-10 BUSY BEEZ DAYCARE Staff Report for the Planning Commission Prepared: October 18, 2010 Staff Contact: Candice E. Perkins, AICP, Senior Planner Reviewed Action Planning Commission: 11/03/10 Pending Board of Supervisors: 11/10/10 Pending PROPOSAL: To revise the proffers for 1.324 acres of land zoned B3 (Industrial Transition) and to rezone 0.567 acres of land from the B3 District to the B2 (Business General) District with revised proffers, totaling 1.89 acres. The total 1.89 acres was originally zoned with proffers to the B3 District with Rezoning 405-01. LOCATION: The properties are located on the west side of Martinsburg Pike (Route 11), approximately 2,000 feet south of Interstate 81 Exit 323. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/03/10 PLANNING COMMISSION MEETING: This is an application to revise the proffers for 1.324 acres of land zoned 133 (Industrial Transition) and to rezone 0.567 acres of land from the 133 District to the B2 (Business General) District with revised proffers, totaling 1.89 acres. The 1.89 acre property was originally rezoned in 2001 to the B3 District with proffers. This rezoning seeks to allow for the addition of SIC 8351 (child day-care facilities) only on the 0.567 acre portion seeking the B2 Zoning; all other uses are consistent with the 2001 rezoning. The land uses proposed in this application are consistent with the business designation of the Northeast Land Use Plan (NELUP) and the application has addressed all of staff's concerns. 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. Rezoning #01-10 Busy Beez Daycare October 18, 2010 Page 2 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. Reviewed Action Planning Commission: 11/03/10 Pending Board of Supervisors: 11/10/10 Pending PROPOSAL: To revise the proffers for 1.324 acres of land zoned B3 (Industrial Transition) and to rezone 0.567 acres of land from the B3 District to the B2 (Business General) District with revised proffers, totaling 1.89 acres. The total 1.89 acres was originally zoned with proffers to the B3 District with Rezoning #05-01. LOCATION: The properties are located on the west side of Martinsburg Pike (Route 11), approximately 2,000 feet south of Interstate 81 Exit 323. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 33-A-92 and 33-A-93 PROPERTY ZONING: B3 (Industrial Transition) District PRESENT USE: Auto Repair Facility and Church ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) District Use: Vacant South: RA (Rural Areas) District Use: Residential East: RA (Rural Areas) District Use: Residential West: N/A Use: Interstate 81 Rezoning #01-10 busy Beez Daycare October 18, 2010 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers offered to the Busy Beez Daycare rezoning application dated August 19, 2010 address transportation concerns associated with this request. 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 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- Plan approval recommended. Public Works Department: 1. Refer to page 7 of the Impact Analysis under Site Drainage: Any subsequent site plans should verify that the existing stormwater detention facility was constructed in accordance with the approved plans for parcel 33-A-92. In addition, the site plan design should confirm that the existing detention facility will accommodate the proposed development of parcel 33-A-93. 2. Refer to page 8 of the Impact Analysis under Solid Waste Disposal: The current waste load at the regional landfill has decreased to any average of 150,000 tons per year. 3. Refer to page 3 of the Proffer Statement under paragraph C: l Structural Development Limitation: Correct the parcel description to 33-A-9-3. Department of Inspections: No comment required at this time. Shall comment at the time of site plan review. Sanitation Authority: Water and sewer are available. There is sufficient water capacity and pressure to serve this parcel. There is sufficient sewer capacity to serve this parcel. Service Authority: No comments regarding request. Winchester Regional Airport: The proposed rezoning should not impact operations at the Winchester Regional Airport. However, because of the location of the property, the owners should be advised that they could experience flyover noise from medevac operations in transit through that corridor. Frederick County Attorney: Please see attached letter dated September 7, 2010, from Roderick B. Williams, County Attorney. Planning Department: Please see attached letter dated September 2, 2010, Candice E. Perkins, AICP, Senior Planner. Rezoning #01-10 Busy Beez Daycare October 18, 2010 Page 4 Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Inwood Quadrangle) depicts the zoning of the two parcels as A-2 (Agricultural General) District. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. In 2001, the Board of Supervisors approved Rezoning 405-01, which rezoned the two properties (total of 1.89 acres) to the B3 (Industrial Transition District) with proffers. The rear property (33-A-92) contains an automotive repair facility and the front property (33-A-93) contains a structure currently being utilized as a church. 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] Land Use. The subject properties are within the limits of the 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. The properties are also within the limits of the North East Land Use Plan. The plan shows this area with a business land use designation. The applicant is requesting a rezoning to the B2 (Business General) and the B3 (Industrial Transition) Zoning Districts and, therefore, this requested zoning is in general conformance with the Comprehensive Policy Plan. Site Access. The property will be served by the existing commercial entrance on Martinsburg Pike (U.S. Route 11) and the applicant has proffered to dedicate ten foot of right-of-way along the frontage of the site. 3) Proffer Statement — Dated May 9, 2001 with latest revision October 1, 2010 A) Allowed Uses: The following uses shall be permitted within the B3 District on tax map parcel 33-A-92: • SIC 15, 16 & 17 — Office and storage facilities for building construction contractors, heavy construction contractors and special trade contractors. • SIC 48 — Communication facilities and offices, including telephone, telegraph, radio, television and other communications. • SIC 73 — Business Services. • SIC 75 — Automotive repair, service and parking. Rezoning #01-10 Busy Beez Daycare October 18, 2010 Page 5 • SIC 76 — Miscellaneous repair services. • SIC 861 — Business Associations. • Self-service storage facilities. • Public Buildings. • Public utility distribution facilities. The following uses shall be permitted within the B2 District on tax map parcel 33-A-93: • SIC 48 — Communication facilities and offices, including telephone, telegraph, radio, television and other communications. • SIC 73 — Business Services. • SIC 76 — Miscellaneous repair services. • SIC 8351— Child day-care facilities. • SIC 861 — Business Associations. • Self-service storage facilities. • Public Buildings. • Public utility distribution facilities. Staff Note: The only change to the permitted uses is the addition of SIC 8351 for child day-care facilities (only permitted on the parcel proposed to be rezoned to the B2 District), all other uses are consistent with Rezoning #05-01. B) Access Management. 1. Tax map parcels 33-A-92 and 33-A-93 shall be served by the existing commercial entrance on Martinsburg Pike (Route 11). 2. The applicant proffers to dedicate right-of-way along the Martinsburg Pike frontage of parcel 33-A-93 to accommodate the future widening of this corridor. This one- time right-of-way dedication shall not exceed ten feet in width and shall occur subsequent to the final Martinsburg Pike design plan approval. The Applicant shall provide the required right-of-way dedication within 90 days of written request by Frederick County and/or VDOT. C) Structural Development Limitation: Tax map parcel 33-((A))-93 shall be limited to a maximum structural area of 3,000 square feet for all land uses, exclusive of self-service storage facilities, identified in Section A(2) of the proffer statement. D) Monetary Contribution to Offset Impact of Development. The Applicant hereby proffers that in the event rezoning application #01-10 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia $0.10 per square footage of structural area developed subsequent to approval of this rezoning application. This monetary contribution is intended to offset impacts to fire and rescue services and will be paid prior to issuance of an occupancy permit for the first land use constructed on tax map parcel 33-((A))-93. Rezoning #01-10 Busy Beez Daycare October 18, 2010 Page 6 STAFF CONCLUSIONS FOR THE 10/20/10 PLANNING COMMISSION MEETING: This is an application to revise the proffers for 1.324 acres of land zoned B3 (Industrial Transition) and to rezone 0.567 acres of land from the B3 District to the B2 (Business General) District with revised proffers, totaling 1.89 acres. The 1.89 acre property was originally rezoned in 2001 to the B3 District with proffers. This rezoning seeks to allow for the addition of SIC 8351 (child day-care facilities) only on the 0.567 acre portion seeking the B2 Zoning, all other uses are consistent with the 2001 rezoning. The land uses proposed in this application are consistent with the business designation of the Northeast Land Use Plan (NELUP) and the application has addressed all of staff's concerns. Followinje 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. CGUNTY ®g IN IRETWUR T CK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwill1a@co.frederick.va.us September 7, 2010 VIA FACSIMILE — (540) 772-9528 — AND REGULAR MAIL Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 Re: Busy Beez — Route 11 North (4489 & 4491 Martinsburg Pike) — Proposed Rezoning — Proposed Proffer Statement dated August 19, 2010 Dear Evan: You have submitted to Frederick County for review the above -referenced proposed proffer statement dated August 19, 2010 (the "Proffer Statement") for the proposed rezoning of 1.89± acres constituting the property of Timothy W. Johnson and Margo D. Johnson (the "Johnsons"), Parcel Identification Number 33-A-92 (4491 Martinsburg Pike), and Clear Brook Rentals LLC, Parcel Identification Number 33-A-93 (4489 Martinsburg Pike), in the Stonewall Magisterial District, from the B3 (Industrial Transition) District, with proffers to the B3 (Industrial Transition) District and B2 (Business General) District, both with revised proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of v irginia-, and would be legally sufficient as a proffer statement, subject to the following comments: 1. As the introductory portions of the Proffer Statement acknowledge, Parcel Identification Number 33-A-93 is owned by Clear Brook Rentals LLC. Accordingly, both the rezoning application and the Proffer Statement should have a separate signature block for that entity, in addition to the signature blocks for the Johnsons for Parcel Identification Number 33-A-92. Assuming he has the authority to do so, Mr. Johnson might be able to sign in the separate signature block for Clear Brook Rentals LLC, but that signature block should also indicate Mr. Johnson's (or such other signatory's) capacity on behalf of Clear Brook Rentals LLC. 107 North Kent Street , Winchester, Virginia 22601 Mr. Evan Wyatt September 7, 2010 Page 2 2. Proffer C — In light of the references contained in the Application and in the Impact Analysis Statement accompanying the Application, it appears that the reference in Proffer C for the structural area square footage limitation should be to parcel 33-A-93, and not to parcel 33-A-92. Proffer D — First, in light of the references contained in the Application and in the Impact Analysis Statement accompanying the Application, it appears that the reference in Proffer D for the monetary contribution should be to parcel 33-A-93, and not to parcel 33-A-92. In addition, Proffer D may not necessarily be clear regarding what constitutes "development" for purposes of triggering the contribution, especially given that the site already contains an existing structure. Finally, staff should be aware that Proffer D only requires the contribution upon issuance of an occupancy permit, and not a building permit, to the extent that either would necessarily be required for the existing structure. The recently enacted Virginia Code § 15.2-2303.1:1, which makes certain changes to the timing of cash proffer payments, applies only to residential construction. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that that review will be done by staff and the Planning Commission. OSincellliams County Attorney cc: Candice E. Perkins, AICP, Senior Planner CO UN" -,' of EREI)ERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 September 2, 2010 Mr. Evan Wyatt Greenway Engineering 151 Mindy Hill Lane irchester, .Virginia 2260 RE: Proposed Rezoning of the Timothy W. Johnson and Margo D. Johnson Property Property Identification Number (PIN): 33 -A -92,33-A-93 Dear Evan: I have had the opportunity to review the draft rezoning application for the Johnson Property. This application seeks to rezone 1.89 acres of land from the B3 (Industrial Transition) District to the B2 (Business General) District. Staff's review comments are listed below for your consideration. 1. Martinsburg Pike Improvements. As indicated in the Frederick County Eastern Road Plan, Martinsburg Pike is identified as an improved minor arterial road (U41)). With this rezoning application, the need for additional Route 11 R -O -W should be addressed. 2. Proffers. Proffer #4 from the 2001 rezoning should be included in the revised rezoning proffer statement. 3. Agency Comments. Please provide appropriate agency comments from the following anencies: %irginia Department of Tran porta ion. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required Rjr acceptance of the rezoning application. 4. Special Limited Power of Attorney. Provide a Power of Attorney for the property owners. 5. Plat of the Property and Verification of Taxes Paid. A plat of the property needs to be included with the application that identifies the limits of the property, as well as, the proposed zoning boundaries needs to be included along with verification that property taxes have been paid. 6. Fees. The fee for this application includes a $5,000.00 base fee plus $100.00 per acre, and a $50.00 public hearing sign fee. This is based on fees as of May 1, 2008. Fees may change. 107 North Dent Street, Smile 202 s Winchester, Virginia 22601-5000 Page 2 Mr. Evan Wyatt RE: Johnson Property Rezoning September 2, 2010 All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/dlw 33 9 1 B3zoned 24.98ac. Rezom'ng 01 - 10 Buser Beez Daycare PiNs # 33-A-92&93 (B3 to 113 (revised proffers)) (33 to B2 (revised proffers)) aC, R��33\� L, Y yo 33q q 33q Rq�pne Y ?5 CI OSO �°ea 4 age lfyE rPn VA—SwIl'�= fm ^] P.—I, zoning R-1camm N NeeMer BS IB,!-.. Inayshlol Garvlfian f�shidl 1o1non6Ci111 oundary MI Il.1d,11111, Light 11WHc11 REZ0110_BusyB-0,ycara_09MIG M2 flyd.lriol. General Disi,d) Urban DBvelop—1 Area :+Sew_r one Wafer Service Area „ � r Ml�o'lery ]pyA � - 51 Rezoning # 01 - 10 Note: Busy Beez Daycare 33 A 91 ` M2 zoned 3.79 ac. (B3 to B3 (revised proffers)) Suite 202 (B3 to B2 (revised proffers)) Winchester, VA 22601 540-665-5651 33 /t 97 0 100 200 400 Feet 33 A 92 33 A 93 ' B3zoned O.s6ac zoned 1.33 ac. tr 83 7 Lf3 ri A .y4 Zoned 0:43cc. 33 -A 95 > 11 RA zoned 1.29 oc. i Y 33 A 96A r RAzoned 1:06ac. VA—SwIl'�= fm ^] P.—I, zoning R-1camm N NeeMer BS IB,!-.. Inayshlol Garvlfian f�shidl 1o1non6Ci111 oundary MI Il.1d,11111, Light 11WHc11 REZ0110_BusyB-0,ycara_09MIG M2 flyd.lriol. General Disi,d) Urban DBvelop—1 Area :+Sew_r one Wafer Service Area „ � r Ml�o'lery ]pyA � - 51 Rezoning # 01 - 10 Note: Busy Beez Daycare Frederick County Dept of 4 Planning Development 107 N Kent St (B3 to B3 (revised proffers)) Suite 202 (B3 to B2 (revised proffers)) Winchester, VA 22601 540-665-5651 33 /t 97 0 100 200 400 Feet Staff Planner: CPerkins Inset Map qtr PA1 zoned 2 oc VA—SwIl'�= fm ^] P.—I, zoning R-1camm N NeeMer BS IB,!-.. Inayshlol Garvlfian f�shidl 1o1non6Ci111 oundary MI Il.1d,11111, Light 11WHc11 REZ0110_BusyB-0,ycara_09MIG M2 flyd.lriol. General Disi,d) Urban DBvelop—1 Area :+Sew_r one Wafer Service Area „ � r Ml�o'lery ]pyA � - 51 Rezoning # 01 - 10 Note: Busy Beez Daycare Frederick County Dept of PINS # 33 - A - 92 & 93 Planning Development 107 N Kent St (B3 to B3 (revised proffers)) Suite 202 (B3 to B2 (revised proffers)) Winchester, VA 22601 540-665-5651 Map Created: Sept 28, 2010 0 100 200 400 Feet Staff Planner: CPerkins Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning Revised September 21, 2010 Revised October 1, 2010 PROFFER STATEMENT REZONING: R Z# 01 -it) Industrial Transition District (133) with Proffers to Industrial Transition District (133) and Business General District (132) with Revised Proffers PROPERTY: 1.89 acres +/-; Tax Parcels #33-((A))-92 & 33-((A))-93 RECORD OWNER: Timothy W. Johnson & Margo D. Johnson (TM# 33-A-92) Clear Brook Rentals, LLC (Timothy W. Johnson) (TM# 33-A-93) APPLICANT: Timothy W. Johnson & Margo D. Johnson and Clear Brook Rentals LLC (here -in after "the Applicant") PROJECT NAME: Busy Beez Daycare Rezoning ORIGINAL DATE OF PROFFERS: May 9, 2001 REVISION DATE: October 1, 2010 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 zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 01 -/o for the rezoning of 1.89± acres from the Industrial Transition (133) District with Proffers to the Industrial Transition (133) District and Business General (B2) District with Revised Proffers, 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 the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. These proffers are a conditional zoning amendment to Rezoning #05-01 of Timothy W. Johnson, approved by the Frederick County Board of Supervisors on September 12, 2001. The subject properties are more particularly described as the land owned by Clear Brook Rentals, LLC being all of Tax Map Parcel 33-((A))-93 and further described by Instrument No. 100001314, and the land owned by Timothy W. Johnson & Margo D. File #2624/EAW Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning Revised September 21, 2010 Revised October 1, 2010 Johnson being all of Tax Map Parcel 33-((A))-92 and further described by Instrument No. 060001525, and are further described by the Boundary Survey Plat prepared by W. Stuart Dunn, L.S., dated June 6, 1996 and recorded as Deed Book 860 Page 1476 (see attached Boundary Survey Plat). PROFFERED CONDITIONS A.) Allowed Uses 1.) The following land uses shall be permitted within the B-3, Industrial Transition District on tax map parcel 33-((A))-92: ➢ SIC 15, 16 & 17 — Office and storage facilities for building construction contractors, heavy construction contractors and special trade contractors. ➢ SIC 48 — Communication facilities and offices, including telephone, telegraph, radio, television and other communications. ➢ SIC 73 — Business services. ➢ SIC 75 — Automotive repair, services and parking. ➢ SIC 76 — Miscellaneous repair services. ➢ SIC 861 — Business Associations. ➢ Self-service storage facilities (No SIC). ➢ Public buildings (No SIC). ➢ Public utility distribution facilities (No SIC). All other land uses within the B-3, Industrial Transition District shall not be permitted on tax map parcel 33-((A))-92 unless approved through a subsequent conditional zoning amendment. 2.) The following land uses shall be permitted within the B-2, Business General District on tax map parcel 33-((A))-93: ➢ SIC 48 — Communication facilities and offices, including telephone, telegraph, radio, television and other communications. ➢ SIC 73 — Business services. ➢ SIC 76 — Miscellaneous repair services. ➢ SIC 8351— Child day-care facilities. ➢ SIC 861 — Business Associations. ➢ Self-service storage facilities (No SIC). ➢ Public buildings (No SIC). ➢ Public utility distribution facilities (No SIC). File #2624/EAW 2 Greenway Engineering August 19, 2010 Busy Bcez Daycare Rezoning Revised September 21, 2010 Revised October 1, 2010 All other land uses within the B-2, Business General District shall not be permitted on tax map parcel 33-((A))-93 unless approved through a subsequent conditional zoning amendment. B.) Access Mana eg ment 1.) Tax map parcels 33-((A))-92 and 33-((A))-93 shall be served by the existing commercial entrance on Martinsburg Pike (U.S. Route 11). 2.) The Applicant hereby proffers to dedicate right-of-way along the Martinsburg Pike (U.S. Route 11) frontage of tax map parcel 33-((A))-93 to accommodate the future widening of this corridor. This one time right-of-way dedication shall not exceed 10 feet in width and shall occur subsequent to the final Martinsburg Pike design plan approval. The Applicant shall provide the required right-of-way dedication within 90 days of written request by Frederick County and/or VDOT. C.) Structural Development Limitation 1.) Tax map parcel 33-((A))-93 shall be limited to a maximum structural area of 3,000 square feet for all land uses, exclusive of self-service storage facilities, identified in Section A(2) of the proffer statement. D.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers that in the event rezoning application # is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia $0.10 per square footage of structural area developed subsequent to approval of this rezoning application. This monetary contribution is intended to offset impacts to fire and rescue services and will be paid prior to issuance of an occupancy permit for the first land use constructed on tax map parcel 33-((A))-93. Please refer to Page 4 and Page 5 of the Proffer Statement for Notarized Owner Signatures File #2624/EAW 3 Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning Revised September 21, 2010 Revised October 1, 2010 E.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner of tax map parcel 33- ((A))-93. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: imothy W. ohnson, By: ago nohnson Commonwealth of Virginia, /Vb?-2-D to Date Date City ounty f Seek,v`I L To Wit: The foregoing instrument was acknowledged before me this (-L4'day of CC+D 2oJ_Dby C D. JbW-'-' a 0 Notary Public My Commission Expires �-e-b Lel File #2624/EAW 4 Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning Revised September 21, 2010 Revised October 1, 2010 E.) Signatures The conditions proffered above shah be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner of tax map parcel 33- ((A))-92. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Cle` Brook Rentals LLC (Timothy W.Johnson) Date Commonwealth of Virginia, City/'`ount f To Wit: The foregoing instrument was acknowledged before me this 12*day of cK L- t1- 201 D by 'jo Notary Public M Commission Expires 'Feb- Z�..� , ZL%f z- 7C'G�tS VC<I tL 6'1 1� 20(0100( ' QItt&fill#, Ask e�Otw ptit9.kd •r ;� ,tom•. t�RGIzt�P.��V� TORY PV File #2624/EAW IMPACT T L "I STA T EM E SIT` im; DAYCAREDAYCARE 1��G1v� T� BUSY B Frederick County, Virginia Stonewall Magisterial District Tax Parcel # 33-((A))-92 & 33-((A))-93 Aggregate Area of 1.89± acres August 19, 2010 Revised September 21, 2010 Current Owners: Timothy W. Johnson Margo D. Johnson Clear Brook Rentals LLC (Timothy W. Johnson) Contact Person: Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning Revised September 21, 2010 BUSY BEEZ DAYCARE REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact to Frederick County by the proffered rezoning of a 1.89± acre parcel owned by Timothy W. Johnson and Margo D. Johnson, identified as tax map parcels 33-((A))-92 and 33-((A))-93. Tax map parcel 33-((A))-92 is owned by Clear Brook Rentals LLC (Timothy W. Johnson), is currently zoned B-3, Industrial Transition District and is approximately 1.324± acres. Tax map parcel 33-((A))-93 is owned by Timothy W. Johnson and Margo D. Johnson, is currently zoned B-3, Industrial Transition District and is approximately 0.567± acres. Both properties are conditionally zoned as described in Rezoning Application #05-01 and are both currently developed. Tax map parcel 33-((A))-92 contains the American Auto Body automotive repair facility, and tax map parcel 33-((A))-93 contains a church. The Johnson's desire to modify the previous rezoning application to rezone tax map parcel 33-((A))-93 to B-2, Business General District to allow for the development of a new daycare facility that will take the place of the existing church, and to modify the proffered conditions for both properties to make this consistent with the current developed conditions of the subject properties. Basic Information: Location: West side of Martinsburg Pike (U.S. Route 11); approximately 2,000 feet south of Interstate 81 Exit 323. Magisterial District: Stonewall District Property ID Numbers: 33-((A))-92 & 33-((A))-93 Current Zoning: B3, Industrial Transition District Current Use: Church and Automotive Repair Facilities Proposed Zoning: B-2, Business General District with proffers (33-((A))-93) B-3, Industrial Transition District with revised proffers (33-((A))-92) Total Rezoning Area: 1.89± acres Proposed Development: Busy Beez Daycare Facility (3,000 square feet maximum) File #2624/EAW Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning Revised September 21, 2010 COMPREHENSIVE POLICY PLAN Sewer and Water Service Area The 1.89± acre subject property is currently located within the Sewer and Water Service Area (SWSA). Therefore, the rezoning of this property for commercial land use is appropriate based on current policy. The Johnson's propose to extend public water and sewer service to the proposed daycare facility to ensure state standards are met for a commercial daycare facility. Northeast Land Use Plan The 1.89± acre subject properties are a component of the Northeast Land Use Plan. The current land use plan, as well as the proposed 2010 land use plan recommends the development of business and commercial land uses along the Martinsburg Pike (U.S. Route 11 North) corridor, which includes the subject properties. The current land use plan identifies a developmentally sensitive area designation for the existing residential properties that front along the east side of Martinsburg Pike across from the subject properties; however, the proposed 2010 land use plan identifies these residential properties for future business and commercial land use without the developmentally sensitive area designation. The conversion of the church to the proposed daycare facility is consistent with land uses that support surrounding residential land use; therefore, the proposed project will not adversely impact the community or the existing residents within this area. Additionally, the Applicants' Proffer Statement establishes a 3,000 square -feet limitation on the size of the proposed day care facility; therefore, the scale and intensity of this rezoning is consistent with the policies guiding future land use development within this area of the County. SUITABILITY OF THE SITE Floodplains The 1.89± acre subject properties are located on FEMA NFIP Map #510063-075 B. This map, as well as the Frederick County GIS database delineates the vast majority of the subject properties as being outside of the 100 -year floodplain. Both mapping sources identify a small portion of the subject properties as being located in the Duncan Run 100 - year floodplain area. The Applicant's have advised that there have never been any floodwater impacts on the subject properties; therefore, the limits of the 100 -year floodplain may be inaccurate. Nonetheless, the developed portions of the subject properties are located outside of the delineated 100 -year floodplain area so there will be File #2624/FAW Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning Revised September 21, 2010 no impacts to the floodplain area. (Please refer to the Environmental Features Map Exhibit.) Wetlands The 1.89± acre subject properties do not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map, as well as information from the Frederick County GIS Database. No evidence of wetlands features and vegetation is present on the property; therefore, the subject site is not impacted by wetland areas. (Please refer to the Environmental Features Map Exhibit.) Steep Slopes The 1.89± acre subject properties are predominately level with slopes ranging from 2 to 7 percent; therefore, the subject properties are not impacted by areas of steep slope. (Please refer to the Environmental Features Map Exhibit and the Soils Map Exhibit.) Woodlands The 1.89± acre subject properties do not contain woodland areas; therefore, there are no impacts to this environmental feature. (Please refer to the Aerial Overview Exhibit). Soil Types The Soil Survey of Frederick County, published by the USDA Soil Conservation Service was consulted to determine soil types contained in this tract. The subject properties contain the following soil types: 16B — Frederick-Poplimento Silt Loam: 2-7% slope 32B — Oaklet Silt Loam: 2-7% slope The Oaklet Silt Loam soil type located within the 1.89± acre subject properties is classified as prime farmland soil. The soil type on this property is suitable for commercial development and has moderate shrink -swell potential. The soil's characteristics are similar to the soil type found on developed properties along the Martinsburg Pike corridor; therefore, the soils associated with the subject properties will not create problems with the development of the proposed daycare facility. (Please refer to the Soils Map Exhibit.) File #2624/EAW 4 Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning Revised September 21, 2010 Other Environmental Features The 1.89± acre subject properties do not contain areas of lakes, ponds or natural storm water retention areas as defined by the Frederick County Zoning Ordinance. There are no environmental features present that create development constraints for the existing or proposed commercial land uses on these properties. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Zoned RA, Rural Areas District Use: Unimproved South: Zoned RA, Rural Areas District Use: Residential East: Zoned: RA, Rural Areas District Use: Residential West: Zoned: RA, Rural Areas District Use: Interstate 81 Zoned: B-3, Industrial Transition District Heavy Commercial TRANSPORTATION The 1.89± acre subject properties have frontage along the west side of Martinsburg Pike (U.S. Route 11) and are served by an existing commercial entrance and taper that was approved by VDOT and Frederick County in September 2002. The commercial entrance design also provides for a major drainage structure within the Martinsburg Pike right-of- way, which was installed during the development of the American Auto Body facility that is located on tax map parcel 33-((A))-92. Greenway Engineering met with the Frederick County Transportation Planner to discuss the proposed development plan and it was determined that a Traffic Impact Analysis (TIA) study would not be required for this rezoning application. Additionally, Greenway Engineering and the Applicants met with a VDOT representative on the project site to discuss the project and review the existing commercial entrance and taper, as well as the drainage structure to determine the adequacy of these improvements to serve the existing automotive repair facility and the proposed daycare facility. The VDOT representative felt that these improvements would be adequate for the proposed development and advised that calculations would be reviewed during the Site Plan process to determine if any additional improvements would be required. The TIA utilizes traffic volumes from the 7°i Edition of the Institute of Traffic Engineers (ITE) Trip Generation Report provides the following weekday AM and PM hour traffic File #2624/EAW 5 Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning Revised September 21, 2010 generator associated with the proposed development plan for the 1.89± acre subject properties: Automobile Care Center (942): AM Peak: 3.22/1,000 sq.ft. PM Peak: 4.01/1,000 sq.ft. Daycare Center (565): AM Peak: 13.56/1,000 sq.ft. PM Peak: 13.91/1,000 sq.ft. Therefore, the peak hour traffic impacts associated with this rezoning application are projected as follows: American Auto Body (4,200 sq.ft.): ANI Peak: 13.52 VPD PM Peak: 18.84 VPD Busy Beez Daycare (3,000 sq.ft.): AM Peak: 40.68 VPD PM Peak: 41.73 VPD The proposed development plan for the 1.89± acre subject properties is projected to generate 54.20 vehicle trips during the AM Peak Hour and 58.57 vehicle trips during the PM Peak Hour. These projected traffic volumes are below the requirements for right turn lanes and tapers on 2 -lane highways and fall within the range for a taper on a 4 -lane highway. This segment of Martinsburg Pike is currently a 2 -lane highway with a center left turn lane. The 2009 VDOT Traffic Volumes for primary Roads identify this segment of Martinsburg Pike with an average daily traffic volume of 4,500 trips. Therefore, the existing commercial entrance and taper exceed current VDOT requirements and would meet VDOT requirements should this segment of Martinsburg Pike become a 4 -lane segment in the future. The proposed rezoning application does not create a negative impact to the transportation system. SEWAGE CONVEYANCE AND TREATMENT The 1.89± acre subject properties are located within the Route l I North Sewer and Water Service Area (SWSA). The Frederick County Sanitation Authority (FCSA) has developed a 6 -inch sewer force main to provide sewer transmission from this area of the County to the Opequon Water Reclamation Facility (OWRF) located on Berryville Pike (U.S. Route 7). The proposed day care facility will be connected to the public sewer system through a pump situation that will access the 6 -inch sewer force main located on the east side of Martinsburg Pike directly across from the subject properties. The Applicant's have proffered to limit the development of the proposed daycare facility to 3,000 square feet, which will allow for a maximum occupancy of 50 children and 7 staff members based on state licensing requirements. As a comparable land use, The Virginia Department of Health Sewage Handling and Disposal Regulations Manual identifies schools without showers and with or without cafeterias as a sewage flow rate of 10 gallons per day (gpd) per person. Q = 10 gallons/day/person Q = 10 gpd x 57 persons (maximum) Q = 570 gpd File #2624/EAW 6 Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning Revised September 21, 2010 The proposed daycare facility is estimated to add 570 gallons per day to the public sewage conveyance system and the Opequon Water Reclamation Facility (OWRF). The design capacity of the treatment plant is 8.4 million gallons per day (MGD) during summer months and 16.0 MGD during winter months. The expansion and upgrade of the OV -IRF will increase the hydraulic capacity of the facility to a maximum 12.6 MGD, which is anticipated to be operational this calendar year. Approximately 6.8 MGD of this capacity is currently being utilized at the OWRF; therefore, the development of the proposed daycare facility would require approximately 0.0003% of the available capacity at this facility. This information demonstrates that the subject property can be developed with adequate sewer service. (Please refer to the SWSA Water & Sewer Lines Map Exhibit) WATER SUPPLY The 1.89± acre subject properties are located within the Route 11 North Sewer and Water Service Area. (SWSA). The Frederick County Sanitation Authority (FCSA) has developed a 12 -inch water transmission line that was adequately sized to provide for transmission and pressure needed to serve land uses within the Route 11 North Sewer and Water Service Area. The proposed day care facility will be connected to the public water system through a tap that will access the 12 -inch water transmission line located on the east side of Martinsburg Pike directly across from the subject properties. The Applicant's have proffered to limit the development of the proposed daycare facility to 3,000 square feet, which will allow for a maximum occupancy of 50 children and 7 staff members based on state licensing requirements. It is anticipated that the potable water demand for the proposed daycare facility will be 20% greater than the sewage demands identified in the previous section. Q = 12 gallons/day/person Q = 12 gpd x 57 persons (maximum) Q = 684 gpd The proposed daycare facility is estimated to require 684 gallons of potable water per day from the public water system. The Northern Water Treatment Plant provides 2.0 million gallons per day of potable water from the former Global Chemstone Quarry as one of the water sources contributing to the public water system within the Route 11 North Sewer and Water Service Area. The projected water usage for the build -out of the subject property would require approximately 0.0003% of the capacity at this facility; therefore, this information demonstrates that adequate water capacity is available for the proposed daycare facility. (Please refer to the SWSA Water & Sewer Lines Map Exhibit) File #2624/EAW 7 Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning Revised September 21, 2010 SITE DRAINAGE The 1.89± acre subject properties have very little topographic relief and have been designed and developed to direct storm water towards the central portion of the subject properties to a storm water management facility. Storm water is collected into the existing storm water management facility and is then piped to a drainage structure within the VDOT right-of-way. The development of the proposed daycare facility and required parking area is not anticipated to significantly increase the impervious surface area of the subject properties; therefore, the existing storm water management facility should be adequate to accommodate the demands of this site. A Site Plan will be prepared and submitted for review and approval by the County Engineer prior to any new development activity on the subject properties, which will allow for the analysis of the existing storm water management facility to ensure that there are no negative impacts to surrounding properties. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 4th Edition). The following figures show the increase in the average annual volume based on an additional maximum development of a 3,000 square feet daycare facility: AVV = 5.4 cu. Yd. Per 1,000 sq. ft. commercial AAV = 5.4 cu. Yd. x 3.0 AAV = 16.2 cu. Yd. at build out, or 11.3 tons at build out The Municipal Solid Waste area of the regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The maximum development of the daycare facility will generate approximately 11.3 tons of solid waste annually on average. This represents a 0.007% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently average 150,000 tons per year; therefore, this information demonstrates that the Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. Solid waste produced by the proposed daycare facility will be routed to the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. HISTORICAL SITES AND STRUCTURES The 1.89± acre subject properties do not contain structures deemed to be historically significant, nor are there potentially significant structures adjacent to the subject property. File #2624/EAW 8 Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning Revised September 21, 2010 Additionally, the subject properties are not located within defined battlefield areas or potential historic districts as demonstrated in the National Park Service Study of Civil War Sites in the Shenandoah Valley and the Frederick County Comprehensive Policy Plan. The Frederick County Rural Landmarks Survey identifies Saspirilla Springs (#34-156) approximately 1/z mile east of the subject properties as a potentially significant structure; however, this structure is not deemed to be eligible for the state or national registers. Saspirilla Springs is located on the east side of the railroad tracks and is adjacent to properties that are currently zoned M-1, Light Industrial District. This structure is not visible from the subject properties; therefore, the development of the subject properties will not negatively impact this structure or it's viewshed. (Please refer to the Historic Features Map Exhibit) OTHER IMPACTS The rezoning and development of the 1.89± acre subject property is not anticipated to negatively impact public services and will provide economic development revenue that will benefit the County, as well as child daycare service to this geographic area of the County. However, the Applicants' proffer statement provides a monetary contribution to Frederick County for general fire and rescue services to further mitigate impacts associated with this project. No additional impacts to County capital facilities or services are anticipated by this proposal. File #2624/EAW 9 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Fere Amount Paid r �- Zoning Amendment Number _� Date Receive PC Hearing Date !P�% A BOS Hearing Date 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: Greenway Engineering Telephone: 540-662-4185 Address: 151 Windy Hill Lane, Winchester, VA 22602 2. Property Owner (if different from above) Name: Timothy W. Johnson & Margo D. Johnson Telephone: 540-662-7878 Address: 4491 Martinsburg Pike Clearbrook, VA 22624 3. Contact person if other than above Name: Evan A. Wyatt, AICP Telephone: 540-662-4185 4. Checklist: Check the following items that have been included with this application. Location map ® Agency Comments Plat ® Fees Deed to Property ® Impact Analysis Statement Verification of taxes paid ® Proffer Statement 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: Timothy W Johnson & Margo D. Johnson 5. Current Use of the Property: American Autobody & Church 6. Proposed Use of the Property: American Autobody & Child Day Care 7. Adjoining Property: Please see attached adjoining property owner map exhibit and adjoining property owner mailing address table. PAR 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The subject properties are located on the west side of Martinsburg Pike (U.S. Route 11), approximately 2,000 feet south of Interstate 81 Exit 323. 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 33-A-92 & 33-A-93 Districts Magisterial: Stonewall High School: James Wood High School Fire Service: Rescue Service 10. 11. Clear Brook Clear Brook Middle School: James Wood Middle School Elementary School: Stonewall Elementary School Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 1.324± B3 (with proffers) B3 (with revised proffers) 0.567± B3 (with proffers) B2 (with revised proffers) 1.89± Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Single Family homes Non -Residential Lots Office: Self Serve Storage: Lumber Store: Number of Units Proposed Townhome: Mobile Home: Square Footage of Proposed Uses* Wholesale: Warehouse: Other: Multi -Family Hotel Rooms: *Structural square footage is limited to 3,000 square feet for tax map parcel 33-((A))- 93 as described in Section C(1) of the proffer statement. 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 bet of my (our) knowledge. Applicant(s): Owner (s): - Date: l 1 _J Owner (s): ' -k Date: C i 3 /c t i Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 worth Tient Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540-665-5651 Know All Men By These Presents: That I (We) (Name) Timothy W. Johnson & Margo D. Johnson (Phone) (540) 662-7878 (Address) 4491 Martinsburg Pike Clear Brook, VA 22624 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 030025588 on Page , and is described as Parcel: 92 Lot: Block: A Section: 33 Subdivision: Parcel: 93 Lot: Block: A Section: 33 Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permit ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ® Site Plan ® Variance or Appeal ❑ Comprehensive Policy Plan Amendment My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 13fhday ofNt. 0_412062=0l 0 Signature(s) State of Vir inia, Cit County f To -wit: I, Dony 't,L- Ike( a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (ar®eyls�my*etto me, personally appeared before me and has ac owledged the same before me in the jur' �igt�PUN this f �, day of �OA MO 2-010 %.X.t Q d� �� , F.f`L�PGYy Gp'iniyssion Expires:t' Notary Public A' �ti Regisfra�jrt#; _e46 (N, Revised 3/17/08 Z. " "' Timothy W. Johnson Rezoning TAX MAP NAME ADDRESS CITY & STATE ZIP ZONING LAND USE 33 9 4 AB WHITE HALL LLC 8531 PULASKI HWY BALTIMORE MD 21237 B3 4 33 9 5 PROFESSIONAL MOBILE HOME BROKERS INC P O BOX 4091 WINCHESTER VA 22604 B3 33 A 91 JOHNSON CHERYL D ETALS 212 S WASHINGTON ST WINCHESTER VA 22601 RA 4 4 33 A 94 COOKE CHARLES A. & BETTY L. 4481 MARTINSBURG PIKE CLEAR BROOK VA 22624 RA 2 33 A 95 CLEAR BROOK RENTALS LLC 141 SISTER CHIPMUNK LN CLEAR BROOK VA 22624 RA 2 33A 1 18 ROBY PHILLIP WENDELL & KIMBERLY F 4478 MARTINSBURG PIKE CLEAR BROOK VA 22624 I RA 2 33A 1 19 ROBY PHILLIP WENDELL & KIMBERLY F 14478 MARTINSBURG PIKE ICLEAR BROOK VA 226241 RA 1 2 33A 1 20 VENSKOSKE RICHARD M 12038 CHESTNUT GROVE RDWINCHESTER VA 22603 RA 2 Source: Frederick County GIS, August 2010 Adjoining Parcels Listing 8/12/2010 Timothy W Johnson Rezoning -- ---- ---- • lr —r &rr� R7 b Aerial Overview �*; `''�►, „Z f 'r •i dc ju MC �s pp//j4 T1In':Y ti _ 'r 1 r 0 Z O IN � W • Z 33 A 93 r w 33 A ;92 ry +� z > ~t z o r O Q ix = a O U o Z a z Z ZS2 w 3 of w ¢ > Le end p w Ga` i mw t-Z -- ri ®Timothy W. Johnson Parcels = O p o� �� ra Parcel Boundary¢ Y o 0 �of JUS FW p m O Z w 5 Feet 2 o w o 100 50 0 100 200 ~ `� a ---— w a Map Data Source: Frederick County Va. GIS Department, Aerial Photos from 2006 p y Timothy W. Johnson Rezoning Soils Map 01 Legend Timothy W. Johnson Parcels Parcel Boundary Soils 16B, FREDERICK-POPLIMENTO LOAMS, VERY ROCKY, 2 TO 7 PERCENT SLOPES 208, GUERNSEY SILT LOAM, 2 TO 7 PERCENT SLOPES 32B, OAKLET SILT LOAM, 2 TO 7 PERCENT SLOPES 34, PAGEBROOK SILT LOAM Map Data Source: Frederick County, Va. GIS Depart t 32B 33 A 83 14 } F Feet F 100 50 0 100 200, r . 0 Z Z 0 N W w Z a O Q 2 Z Cn0 ?7 co cOc G Q QC2 8�60PG I iib M Li CD d��'��e- . ti+a • IQO' 50'_ p i00' wYQ S�lG x IN FEET �J�p �j^y k #S �•ifxOop 'v. BOUNDARY SURVEY OF THE LANDS OF NICUAS MAWS, CHARLES 1.EWIS AND PALUNE LEWIS TRUSTEES FOR LOCAL. LODGE NO. 2335 OF D Y It'll RrrATIoxAL ASsocIAnoN of MAcxrxlsrS AND AEROSPACE WORKERS UNION B a z' DEED BOOK 507, PAGE 322 TAX MAP 33, TRACT 92 t4i) AND TAX MAP 33, TRACT 93 ((A)) r ;* $ AND ON THE EAST SIDE ' LOCATED ON TM WEST SM OF U.B. ROVIE Na 11, MARTINSB W PBOy r OF INT13MATE ROUTE N0.91 AHCFM I 3M MMM NORTH M Q•EARBROOK AM SIMATE IN STONBWAIL LAMS 1MA1. DLgPR1CT, FR> IC1C OpUNiY, VIItC1U1tA. .K lx ND-M NO TTILB RM-0 T RMMISM- .r,., .. N078: 1iII388 TitACI d ARE NOT IN THE loo YEAR FLOOD PLAIN DESIO NAT» BY RU-D. - y" CO&DRUNny PANEL No. 510063 0075 B, DATED JULY 17,197L I HEREBY CBitM THAT ON JUNG 1.199616tADB AN ACCURATE SURVEY RE THEARE NO MM MU _ ` SHOWN HERSON A:X TO THE BEST OF MY KNOWLMOB AND BE THERE ARE NO BASHt�v1S OR E RMOACMAEM VIMBLE ON THE GROUND OT1II.'R THAN THOSH SHOWN1B�tBON. SURVEY N0.207 DUNN LAND SURVEYS INC. SHEET N0, 1 OF 2 BERRYVILLE, VIRGD41A JUNE 6, 1996 0 3UI+I'I Y of EREDE?R 1,CK Department of Pianning and Development 540/665-565i MEMORANDUM FAX: 540/665-6395 TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning and Subdivision Administrator �1e C RE: Waiver Request — Telecommunications Tower — AT&T Corp. DATE: October 15, 2010 On behalf of AT&T Corp., Greenway Engineering is requesting a waiver to Chapter 165 Zoning, Article II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses, 165-204.1913 Telecommunications Facilities, Commercial to allow a 120 -foot lattice -type telecommunication tower in lieu of a 120 -foot monopole -type telecommunication tower approved within Conditional Use Permit #05-10. The properties are located on the east side of Martinsburg Pike (Route 11 North), approximately'/4 mile northeast of Interstate 81, Exit 317, and are identified by Property Identification Numbers 43-A-130 and 43-A-132 in the Stonewall Magisterial District. Back round CUP #05-10 of AT&T Corp., Melissa Hall, Wesley Helsley and Bradley Pollack was approved by the Board of Supervisors on August 11, 2010 for a 120- foot monopole -type telecommunication tower. On October 14, 2010, Frederick County Zoning Ordinance 165-204.19B (2) was approved to allow for the Board of Supervisors to waive the monopole -type tower for properties which are located outside the Urban Development Area and are not adjacent to properties identified as historic sites. The AT&T Corp. properties are located outside the UDA and are not located adjacent to identified historical resources. The applicant believes that the construction of a lattice -type telecommunication tower will be less visually obtrusive to existing residential land uses and that a lattice -type tower will provide a greater opportunity for collocating personal wireless service providers. Staff would note that the conditions assigned to CUP# 05-10 will remain in effect. Staff note: This waiver request for a lattice -type telecommunication tower does satisfy the ordinance requirement to grant the waiver. A recommendation from the Planning Commission is requested. Attachments MRC/bad 107 North Rent Street, Suite 202 • Wincheste- Virginia 22601-5000 A§S/Wavier Request, AT&T Telecom. Tower Request a Lattice Tower mn Lieu of Monopole) n. 'q ^44 ? �GPLSrF M0nRl/ 4f 41 3ZV► O Ni py p� "A L l i 6OMq r$PC � a 0 � A Ake F( 44 A 24 f i 11LSON RITA RP Rl/ `Rp 4c z iO")eaNSBV pG Gr2 MICCANN RD 4ryaa tee~ d� /. /;QP�� Approximate RP ed 10.08 ac ; )A'j 120ft Tower ti f r•+/ v��-t Location 1'0 .2gRTR 43 )RGSTFFS - zoQZM g7�rc 7,X2 yt ^�� t r 0? OB �q ? of s3 RPr gR7)Nse RA �Dfs 414 �� b �. \ Rp41q�Sq X33 �o° ��grzR yea �79OP7Kf 4 sQ ' / \lea BUR q//c yea SBOfe 8gP ° pl)F 9 � �� . QS GA/QFC \ q97°P/KF rirrr , c ,,may Zoo Qi kP gRr/ Sri `ygB1 w.�\AF _ a.i A i34A r • ;J�/��\\ to C rPGP!(E, / • BRIDGE CIIARIE$ U S. JANE 4 �� 2610MARiIN58URG PIKE w 4� RA acnld 8.18 ar \ — _lit ofFt M Inset 11,Aap Stephenson �'• / f R nal Comrr[u..ity * a l3 11 1 f �pllcaClon -`jC--nityC--e iownordCity3aund�y �uroan ❑e�P�oamPni a,en �,_ erantlWaterser�i�eArea Waterbotly Toning Ml (hdusHd'. ghi nislrict) M2 llndu&t .I, General Dislrictl RP (Rvidenliol Perlarmance District) Wavier Request Note: Frederick County Dept of AT&T Telecom. Tower Planning &Development ( Request a Lattice Tower Sui N Kent St Suite 202 in Lieu of Monopole) Winchester, VA 22601 540 - 665 - 5651 Map Created: October 18, 2010 0 125 250 500 Feet REENWAY ENGINEERING, INC. 151 Windy Hill Lane Winchester, Virginia 22602 �. i; Founded in 1971 October 7, 2010 Frederick County Planning Department Attn: Candice Perkins, Senior Planner 107 North Kent Street Winchester, VA 22601 RE: AT&T Microwave Tower — Lattice Construction Waiver Dear Candice: The purpose of this letter is to request inclusion on the next available Planning Commission and Board of Supervisor agendas for consideration of a waiver request by AT&T Corp., for the purpose of allowing a 120 -foot lattice -type construction microwave tower on tax map parcels 43- ((A))-130 and 43-((A))-132. As you know, the Board of Supervisors approved a Conditional Use Permit to allow for the construction of a new microwave tower with conditions during their August 11, 2010 meeting. Included in the motion to approve was direction for staff to clarify the procedures regarding lattice -type construction and to allow any applicant affected by this change to come back to the Board of Supervisors within 120 days for reconsideration with fees to be waived. Subsequent to that approval, a proposed text amendment was introduced that would provide the Board of Supervisors with the ability to allow lattice -type construction for new telecommunication towers when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historical resources. The AT&T Corp., properties are not located adjacent to identified historical resources. Additionally, the applicant believes that the construction of a lattice -type microwave tower will be less visually obtrusive to existing residential land uses, as a monopole tower will have a significant opaque base structure to meet wind -load and structural support requirements that is a minimum of 6 -feet in diameter, which would resemble a smokestack. The applicant also believes that the lattice -type microwave tower will provide a greater opportunity for collocating personal wireless service providers, which is a condition of the permit that was issued to AT&T Corp., by the Board of Supervisors. Please find enclosed with this letter 70 color copies of an illustrative rendering of both a monopole tower and lattice tower for the AT&T Corp., property. Please include these graphics as part the Planning Commission and Board of Supervisors agenda packets and advise me if you need anything else at this time. Please also advise me of the proposed dates for consideration of this request so we can advise the applicant accordingly. Sincerely, &_Xt'J a—. Evan A. yatt, C� Al Greenway Engineering Cc: Robert R. Erciksen, AT&T Corp. PP�� Thomas M. La`�rSg Jni�e awn �e}�r�tIgInners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.corn • J C MEMORANDUM To: Frederick County Planning Commission �� 0 From: Candice E. Perkins, AICP, Senior Planner C 1 COli_TNIFY of F REDERUCK Department of Planning and Development Subject: Public Hearing — Curb and Gutter Requirements Date: October 19, 2010 540/665-5651 FAX: 540/665-6395 Staff has been requested to draft an amendment to the Zoning Ordinance to revise the curb and gutter requirements for parking areas. The Zoning Ordinance currently requires parking lots in all zoning districts (with the exception of the B3, OM, M 1 and M2 which were revised in 2009) to provide curb and gutter around the perimeter of the entire parking lot. The amendment received by staff requests to utilize header curb within parking lots (elimination of the concrete gutter pan) in all zoning districts when not necessary for the drainage of stormwater. The item was emailed to the Development Review and Regulations Committee (DRRC) on September 20, 2010. The DRRC had concerns over the request as submitted by the applicant and requested it be revised. The DRRC discussed the durability of the use of only header curb within parking areas and the fact that it would not hold up as well as curb and gutter. They felt that when parking areas are adjacent to buildings (and a sidewalk with a turndown curb is used) that the elimination of the gutter pan may be appropriate, but that the remainder of the parking area should be constructed utilizing curb and gutter (either CG -6 or CG -6R). Based on the comments and concerns received by the DRRC, the draft amendment was revised to only allow for the elimination of the gutter when the stormwater drains away from the curb and only for parking areas that abut buildings when sidewalks with turndown curbing are used. With those changes, the DRRC recommended that the ordinance amendment be forwarded to the Planning Commission for discussion. The Planning Commission discussed this item on October 6, 2010; the Commission had no comments and forwarded the amendment to the Board of Supervisors for discussion. The Board of Supervisors discussed this item at their October 13, 2010 meeting and ultimately sent the amendment forward for public hearing. During the discussion, the Board of Supervisors members expressed concern over the curb and gutter requirements contained within the Zoning Ordinance and its affect on stormwater management and water quality and directed the Public Works Committee to look into additional revisions to the curb and gutter requirements. The attached document shows the proposed additions discussed by the Board of Supervisors. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised ordinance with eliminated text in strikethrough and added text in bold underlined italics. 2. Request Letter. CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 ATTACHMENT 1 PC Discussed 10/6/10 BOS Discussed 10/13/10 Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 202 — Off -Street Parking, Loading and Access § 165-202.01. Off-street parking; parking lots. D. Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements: (2) Curbs and gutters. Concrete curbing and gutters shall be installed around the perimeter of all parking lots. in the RP Residential Performance District, the Distriet, the B2 Business General District, the MS (Medical Suppea) District and the HE (14igher EdueatiG..) nistFi t when stormwater drains away from the curb gutter pans shall not be required for parking areas that abut buildings when sidewalks with turndown curbing are used. All curbing shall be a minimum of six inches in height. All parking lots shall be included within an approved stormwater management plan. a. In the 133 Industrial Transition District, the OM Office -Manufacturing Park District, the M1 Light Industrial District and the M2 Industrial General District the use of header curb shall be permitted in areas where the use of gutters is not necessary for stormwater management purposes. b. The Zoning Administrator may allow for the use of concrete bumpers instead of curbing for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. c. The Zoning Administrator may allow for the elimination of curb and gutter for parcels located inside of the Sewer and Service Area when necessary to implement low impact development design. This shall only be permitted where practices such as bio -retention, infiltration trenches, and rain gardens are used and only where it can be demonstrated that soil conditions are favorable, or if an adequate under -drain is included in the design and only when approved by the Director of Public Works. Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. September 15, 2010 LABORATORIES: We would propose that header curb may be used in any zoning district provided that gutters a Chntilly Chnlick56urg are not necessary for stormwater management purposes. As you know, curb and gutter better accommodates drainage as it is installed as a monolithic pour, ensuring no gap or MARYLAND OFFICES: crevice where water can infiltrate. When positive drainage is provided away from the curb, Baltimore there is no need to provide the concrete gutter pan. The Zoning Ordinance recognizes this Columbia currently by not requiring the gutter when it is not needed for stormwater management Frederick purposes in the above specified districts. Germantown Hollywood Mr. Mark Cheran Hunt Valley Zoning Administrator Williamsport Frederick County, Virginia PENNSYLVANIA OFFICE: 107 North Kent Street Allentown Winchester, Virginia 22601 T 540.667.2139 RE: Text Amendment, Use of Header Curb in Parldng Lots F 540.665.0493 Dear Mark: �� P i � ` I have provided the language found below for a text amendment to the Frederick County Suite zoo Zoning Ordinance that would allow for the use of header curb within parking lots in areas Winchester, VA where positive drainage is provided. Currently, the Zoning Ordinance requires both CORPORATE: concrete curb and gutter around the full perimeter of parking lots within the following Chantilly zoning districts_ VIRGINIA OrricES: Chantilly RP (Residential Performance), R4 (Planned Community), R5 (Residential Charlottesville Recreational), Mill (Mobile Home), Bl (Neighborhood Business), B2 (General Fredericksburg Business), MS (Medical Support), HE (Higher Education) Hcrrisonburg Leesburg The use of header curb (with no concrete gutter pan) is only permitted in the following Newport News zoning districts and where a gutter is not needed for stormwater management purposes: Norfolk Winchester B3 (Industrial Transition), OM (Office Manufacturing), M1 (Light Industrial), Woodbridge M2 (General Industrial) LABORATORIES: We would propose that header curb may be used in any zoning district provided that gutters a Chntilly Chnlick56urg are not necessary for stormwater management purposes. As you know, curb and gutter better accommodates drainage as it is installed as a monolithic pour, ensuring no gap or MARYLAND OFFICES: crevice where water can infiltrate. When positive drainage is provided away from the curb, Baltimore there is no need to provide the concrete gutter pan. The Zoning Ordinance recognizes this Columbia currently by not requiring the gutter when it is not needed for stormwater management Frederick purposes in the above specified districts. Germantown Hollywood Some retailers prefer the use of header curb adjacent to the building, particularly near the Hunt Valley building entrance(s). The different density of asphalt parking areas and concrete gutters Williamsport inevitably leads to different wearing capacities between the two materials. In parking lots, PENNSYLVANIA OFFICE: this can sometimes lead to small elevation changes between the asphalt parking area and the Allentown concrete gutter. While the vertical separation between the nvo surfaces may be minor, it can T 540.667.2139 still become a tripping hazard for patrons of the site. With the use of header curb, asphalt is F 540.665.0493 provided continuously to the curb thereby removing the potential tripping harzard. 117 East Piccadilly Street Suite zoo Our proposed modifications to Section 165-202.01D(3) of the Zoning Ordinance is as Winchester, VA follows: 22601 Proposed Ordinance (3) Curbs and gutters. Concrete curbing and gutters shall be installed around the perimeter of all parking lots provided that i the PP's ef! effnaflEe—Dime e R4 T7 * t Planned Ceftit " Lhs-trfE T. n C T) .. .7,..-,+; t ft -a the HE a T h F ftgT] 1 Di "t aftEl the T f2 ln&strial Gen 1 lit; the use of header curb shall be permitted in areas where the use of gutters is not necessaiy for stormwater management purposes. All curbing shall he a minimum of six /� inches in height. All parking lots shall be included within an approved stormwater management plan. We look forward to presenting this proposed ordinance change to you and members of the Development Review and Regulations Subcommittee. Please feel free to contact me with any questions or comments you may have. Sincerely, PATTON HARRIS RUST & ASSOCIATES 6AZU-4� Ronald A. Mislowsky, P.E.