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PC 12-05-01 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia DECEMBER 5, 2001 7:00 P.M. CALL TO ORDER TAB 1) Committee Reports ................................................ (no tab) 2) Citizen Comments ................................................. (no tab) PUBLIC HEARING 3) Conditional Use Permit #18-01 for the Cross Junction Tower, submitted by Spectrum Resources, Inc., for a 195 -foot -high lattice tower telecommunications facility. This property is located at the corner of Collinsville Road and Cross Junction Road, approximately 290 feet from North Frederick Pike (Rt. 522N) and is identified with Property Identification Number 18-A-38 in the Gainesboro Magisterial District. (Mr. Cheran)...................................... ................(A) 4) Conditional Use Permit #19-01 for the Hunting Ridge Tower, submitted by Spectrum Resources, Inc., for a 195 -foot -high monopole telecommunications facility. This property is located at 329 Hunting Ridge Road and is identified with Property Identification Number 30- A-114 in the Gainesboro Magisterial District. (Mr. Cheran).........................................................(B) 5) Conditional Use Permit #20-01 for the Reynold's Store Tower, submitted by Spectrum Resources, Inc., for a 195 -foot -high lattice tower telecommunications facility. This property is located at 8526 North Frederick Pike and is identified with Property Identification Number 11-A-39 in the Gainesboro Magisterial District. (Mr.Cheran).........................................................(C) 6) Conditional Use Permit #21-01 of Mary Fansler, to operate a Daycare Facility. This property is located at 852 Butler Avenue and is identified with Property Identification Number 54M-1-2-25 in the Stonewall Magisterial District. (Ms. Ragsdale)........................................................ (D) 7) Rezoning #10-01 of Jordan Springs, submitted by Triad Engineering, Inc., to rezone 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay Zone. This property is located at 1160 Jordan Springs Road and identified with Property Identification Number 44-A-294 in the Stonewall Magisterial District. (Mr. Lawrence) ....................................................... OE) 8) Rezoning #11-01 of APAC - Virginia, Inc. and L. F. Franklin & Sons, Inc. submitted by G.W. Clifford & Associates, Inc. to rezone 7.45 acres from RA (Rural Areas) to B3 (Industrial Transition). This property is located at the northeast quadrant of the intersection of Route 11 and Route 664 near Stephenson and identified with Property Identification Numbers 44-A-89 and 44 -A -89A in the Stonewall Magisterial District. (Mr. Lawrence) ....................................................... (F) PUBLIC MEETING 9) Waiver Request to Full Screen Requirement for Powell's Plumbing, submitted by Greenway Engineering. This property is located at 152 Windy Hill Lane and is identified by Property Identification Number 64 -A -4G in the Shawnee Magisterial District. (Mr.Camp) .................................... .....................(G) DISCUSSION ITEMS 10) Discussion of Proposed Amendments to Zoning Ordinance Regarding Loading Area Requirements (Mr. Camp) ..........................................................(H) 11) Other Page 2 PC REVIEW: 12/05/01 BOS REVIEW: 01/23/02 CONDITIONAL USE PERMIT #18-01 CROSS JUNCTION TOWER Telecommunications Facility LOCATION: This property is located at the corner of Collinsville Road and Cross Junction Road, approximately 290 feet from North Frederick Pike (Rt. 522N). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 18-A-38 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Vacant ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential and Agricultural PROPOSED USE: 195 -foot -high lattice -type telecommunications facility REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Rt. 770, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum standards. Fire Marshal: Maintenance of roadway for emergency vehicle access. 14.5 foot vertical clearance and entire width per NFPA. Roadway requirements allow for enhancement of Rural Fire Protection in Wildland Fire Control. Plan approval is recommended. Inspections Department: Structures shall comply with The Virginia Uniform Statewide Building Code and Section 312, Use Group U (Utility) of The BOCA National Building Code/ 1996. Please note Chapter 17 of BOCA for special inspection requirements for this type structure (concrete/bolt Cross Junction Tower, CUP 418-01 Page 2 November 26, 2001 testing, etc.) Public Works/Engineering: Disturbance of more than 10,000 s.f. will require an erosion and sediment control plan and a land disturbance permit. This land disturbance include access roads and site development. Winchester Regional Airport: Please see attached letter from Serena R. Manuel, Executive Director, dated 10/22/01. Planning_ and Zoning: The Frederick County Zoning Ordinance allows for Commercial Telecommunication Facilities in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. The Frederick County Zoning Ordinance specifies that a CUP for a commercial telecommunication tower may be permitted provided that residential properties, land use patterns, scenic areas and properties of significant historic values are not negatively impacted. Furthermore, additional performance standards shall apply to the CUP review in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. The applicant proposes to build a 195 -foot lattice -type telecommunication facility that is designed to accommodate commercial telecommunication carriers. The proposed facility will be located on a 96.41 -acre site located east of Route 522. The applicant has provided an inventory of existing telecommunication facilities in the area, and staff would concur that there are no existing facilities or appropriate structures available for collocation in this general area. The maps provided within the application analyzing coverage need in this area appear to be sufficient to determine the adequacy of the search area, and the existing coverage and capacity of the licensee holder in the vicinity of the proposed facility. As shown on the maps, the coverage needs will be met by a facility in this location. The applicant will be required to provide lighting to comply with the requirements of the Winchester Regional Airport Authority. The lights shall comply to FAA standards as noted in the letter submitted by the Director of the Airport Authority. The Frederick County Zoning Ordinance requires that these lights be shielded from ground view to mitigate illumination to neighboring properties and right-of- ways. Buffer and screening requirements will be determined at site plan review. The applicant is requesting a reduction of the setbacks pursuant to Section 165-48.6(B).1 of the Zoning Ordinance as they are proposing to locate the commercial telecommunication facility approximately 35 feet from property line boundaries. The Zoning Ordinance provisions require that towers of 195 feet or higher (as is proposed) be placed a minimum of 220 feet from road right-of- ways and 210 feet from side property lines. The Planning Commission may reduce the required setback distance for commercial telecommunication facilities if it can be demonstrated that the location is of equal or lesser impact. The applicant has attempted to place the facility in the middle of the site maximizing the structural setback. The request for a reduced setback of 35 feet from the property line has been made in order to provide increased flexibility in the exact location for the placement of this tower. Cross Junction Tower, CUP #18-01 Page 3 November 26, 2001 The applicant is requesting the ability to utilize lattice -type material construction pursuant to Section 165-48.6(B)2 of the Zoning Ordinance. The Zoning Ordinance requires that new commercial telecommunication facilities be ofmonopole-type construction. The Planning Commission may allow lattice -type construction for new commercial telecommunication that are located outside ofthe Urban Development Area, and are not adjacent to properties that are identified as historic areas. The proposed site is located outside of the UDA, and is not in close proximity to any identified historic areas. Therefore, allowing a lattice -type tower would be in conformance with the intent of the Zoning Ordinance. This proposed commercial telecommunication facility will be in conformance with Section 704 of the Telecommunication Act of 1996. In evaluating this application, it has been demonstrated that there is a need for the infrastructure within the area of the County identified. STAFF CONCLUSIONS FOR THE 12-05-01 PLANNING COMMISSION MEETING: Staff believes that this application for a Commercial Telecommunication Facility has adequately addressed the requirements of the Zoning Ordinance in that need for this facility, based on a lack of coverage and capacity in this part of the County, has been demonstrated. Further, a reduction of the setback requirements, as well as allowance for a lattice -type tower construction, maybe appropriate. Should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: 1. All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower will have space available free of charge for Frederick County emergency communications. (See letter dated November 15, 2001.) 3. The tower shall be available for co -locating personal wireless services providers. 4. A minor site plan shall be approved by the County. 5. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 0: \Agendas\COMMENTS\CUP's\2001 \Cross3-wpd ff 11 � ,..1n �I( , _ I 18 A -381 1 fiu` S/ji I1 ti \ R � � � 31A fly1 �/iI 1..��1(I I / i• �r�r�<+.. t�1 - �R� E2 L� lit n� ��• Cf �CROS 8 A 32E B BRAITFWAJTE% ! ------ --- q� `q 18 A 38C J �--� .. 18 A OSEN 18�A 332B B41�R 19 A 7 18AD 522 18 A 32C OCWNS �� X1 , (irn�333�jjj \8A 7A �j 1 18 A 354 i � �� SAT yN COFFELT 18 A 36 18 TA. - RAI NES 1 A18 A NY, CUP#18 - 01 st wwr Carr. � � coMpAr,, CANNING j \ ooN,PANr, M. t � � � ,ems 18 A 42A�Tcc\\ g s A 40 Location Map Por: �- yv Spectrum Resources, Inc. Junction Tower EATON i� --�- Cross 18 A 42a� PIN.- `'�� 18_A_38 Dept. of Planning and Development, 11/01, Agra Nuv-1n-Z001 03:36 PM 5Mared Towers 7036282634 1 2�3 423 3890 P.01 Shared 'Powers, LLC b;01 Sandy Knoll Court, McLean, VA 22101 (703)493-137171 1`ax 233-423-3804 e-mail: kdoshi(a,shared towers. el) m November 15, 2001 Mr. Mark R. C'hcran, Planner County of Frederick 107 North Kent Street Winchcster,-VA 22601 Via Far 340-661-6395 Dear Mr. Chetan We are happy to assist Coanty emergency cnmttu,nimtinns. smi=(00fice,fiM a Mance) by allowing duan to at=h up to two omni antennas on each of our propotxd towers. Like all other tenants, when they treed the space, they will need to enter into a lease document (however, the rent will he waif Sincemly, Shared Towers, LLC Kamal Doshi Managing Member Cc: Mark Smith, Greenway Engineering 540-722-9528 WINCHESTER REGIONAL AIRPORT October 22, 2001 Greenway Engineering 151 Wndy Hill Lane Winchester, Virginia 22602 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 RE: Site Plan Comments — Share Towers Hunting Ridge Pole, Cross Junction Pole, Reynolds Store Pole Dear Mr. Sir: The Winchester Regional Airport Authority offers the following comments on the above referenced site plans as conditions to be included for approval of this site plan: 1. Although not required by FAA, structure should be marked and lighted in accordance with FAA Advisory Circular 7017460-1 J, Obstruction Marking and lighting, Chapters 4, 8 (M -Dual) & 13 2. Consideration should be given to the ownerloperator of the Timber Ridge Airport which is a private airport located approximately four nautical miles from two of the towers as to possible impact on that facility. These comments are based on the review provided by our engineering firm, Delta Airport Consultants, Richmond, Virginia. They have determined that these proposed towers do not penetrate any FAR Part 77 surfaces therefore there should be no impact on current or future operations at the Winchester Regional Airport. If the above referenced conditions along with any outlined in the FAA study are met, the Winchester Regional Airport Authority has no objections to these site plans. Should you have any questions or need additional information, please contact this office (430) 662-5786. Sincerely, S. R. Manuel Executive Director engineers - planners Charlotte, NC Austin, TX Harrisburg, PA Richmond, VA October 18, ZUU- - - Ms. Serena R Manuel ............ -:+{:{': •: J:+:w _?{{{.:::C:.i?i.{'s,`.A^:?`v{•�{:��' `•t�f {:..Y' Executive Director . �i •.� :v:.;{:: - : -.Nfi-. Winchester Regional Airport ::{-}::'4JY•�'Y:ry:{:•}"•YY':.:;Yi:yvv.. v+r. yS.S: r.•: vHyW :v'�•} • ?..�{n.: •.._�/ . p� v3 .h1'r•': ,;.: \;'r.•. :. #'.� :f �tJ • :a �o'+' 491 Airport Road •. %)k:v�{.p: '< {`+Sk°+S )i6 •�•• Winchester, Virginia 22602 rh??:' V '�:{�' Y3' •� N:�. •3cA•ai:;r:4.j�:Gv}:;#2%:::{"ni JY ;�. v 1 •/Yi�i'Q}i':'/.-h;r'�r JI:{":: �'�{ti��:iN �iJ i RE: Communications Towers �: !} 4 +�{: i. ,-} _ -0�y ¢��'` � N":{ryA Share Towers - Greenway Engineering ' - {Nl,. :}vl�': v$J::. ..:.. ............. Winchester Regional Airport .:pry{•. }YT. i�: . i .Y�v •wxv n.vi.S:. .r..n.rn..•.'{^:tiiY••k.':.':krw.vJ.v4 Winchester, Virginia { :.�+F,` {+`-�C:�*•N,�i,>4M:i? };�. :.: . •.: �� :?.ti.,.}.��.., :'v} •.vr:.vJ.•}J}::Jii:{i�:?�:vY.:v.-F.v%KG.•.Q �•... f•: Delta Project No. N/A Dear Ms.el: 45,202' (8.6 miles) We have reviewed the three (3) Frederick County Conditional Use Permits from Greenway Engineering sent to us with your letter dated October 15, 2001. We find that the none of the towers penetrate any FAR Part 77 Surface associated with Winchester Regional Airport. The following summary details the positions of the three proposed towers: {.4}:fY. v: }:: -J.f�^' :9'f.-.-Y�'r':-kYJ:4:-. 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Y �h; �::.�i.;{. . �i •.� :v:.;{:: - : -.Nfi-. � v'.$}. ;.fvv:.}}� Y::}'' ::{-}::'4JY•�'Y:ry:{:•}"•YY':.:;Yi:yvv.. v+r. yS.S: r.•: vHyW :v'�•} • ?..�{n.: •.._�/ . p� v3 .h1'r•': ,;.: \;'r.•. :. #'.� :f �tJ • :a �o'+' t.-ty};«��'��-,y.,.--�e7•-.•,.•,:..,�'�•;•+�f•''..��vl'.'�'{:a';��;': 'Yr: �F.v.]i{;.•.v{•i.i •}i•:: -i: {�:ti "� v 'r •- ;Y�-:;:: �'3 •. %)k:v�{.p: '< {`+Sk°+S )i6 •�•• rh??:' V '�:{�' Y3' •� N:�. •3cA•ai:;r:4.j�:Gv}:;#2%:::{"ni JY ;�. v 1 •/Yi�i'Q}i':'/.-h;r'�r JI:{":: �'�{ti��:iN �iJ i :,•y- •ki'f.•. tiT kC-' ^% .*# .: n �: !} 4 +�{: i. ,-} _ -0�y ¢��'` � N":{ryA .S•. . v..:�.,'.-_;tv;?;::v ri:•.±: j}:::>•��?:.:v.:.. z{.}r.J ?iiJ:+ ;;<:;;•,ii.{:.:s:•.;}l.-.• . ::.: vv.}--}�ry....:: :?{tiv:::::i.v.:..:.:... v ' - {Nl,. :}vl�': v$J::. ..:.. ............. .. v �;" f:.....? i},,,�,,,,I;:YY'•:v.A+iJ{:4f v{•Y'::•rY:::vv: v:::x: x:%?^}. ♦......: J'J.•}i4}:4:.vvv Y"v-'•"i+::-Y::.. ...:........... .:pry{•. }YT. i�: . i .Y�v •wxv n.vi.S:. .r..n.rn..•.'{^:tiiY••k.':.':krw.vJ.v4 :{:, {: ••5; • " v •... - ..{•,��. { :.�+F,` {+`-�C:�*•N,�i,>4M:i? };�. :.: . •.: �� :?.ti.,.}.��.., :'v} •.vr:.vJ.•}J}::Jii:{i�:?�:vY.:v.-F.v%KG.•.Q �•... f•: Hunting Ridge 45,202' (8.6 miles) 17,152' (3.2 miles)- 1,116' MSL Pole right Cross Junction 71,488' (13.5 miles) 16,426' (3.1 miles)- 1,175' MSL Pole right Reynolds Store 85,749' (16.2 miles) 31,479' (6.0 )- right 13325' MSL Pole These towers are all far enough from the airport that they will not be a factor in any future airport development as currently depicted on the approved Airport Layout Plan. However, two private airports, Al and Timber Ridge, both located about 14 nautical miles from Winchester Regional Airport along the extended RW 32 centerline, may be affected as they are each about four nautical miles from two of the towers. Should you have any questions, please do not hesitate to call. incerely, A-:,,-a- C. Longnaker, P.E. JCL:blg GEN7983 7333 Whitepine Road Telephone (804) 275-8301 Richmond, Virginia 23237 Fax (804) 275-8371 Homepage: http://www.deltaairport.com E-mail: delta@deltaairport.com CDP 1 18-01 Submittal Deadline: IH -01 P/C Meeting: 12,:;.J- 0 1 BO.9 McPting: /. 9-/0 a• APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner X other) NAME: Greenway Engineering ADDRESS: 151 Windy Hill Lane, Winchester VA 22602 TELEPHONE: (540) 662-4185 2. Please list all owners, occupants, or parties in interest of the property: Jeanette Hoffman 3. The property is located at: PO Box 325 Cross Junction, Virginia 22625 4. The property has a road frontage of Meet and a depth of6affeet and consists of approximately 3 acres to the east of Rt 522 of a 96.41 acre parcel. (See attached exhibit). 5. The property is owned by Jeanette Hoffman as evidenced by deed from O_��, Dct ,,,) and nolcite fiP fkxuetn recorded in deed boob no. 19 Z on page-4AB as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 18-A-38 Magisterial District Gainsboro District Current Zoning RA 7. Adjoining Property: USE ZONING North 18 -A -32C Single Family RA East 18-A-41 Single Family RA South 18 -A -42A Business B2 18-A-37 Single Family RA 18-A-39 Single Family RA 8. The type of use proposed is (consult with the Planning Dept. before completing) Unmanned Commercial telecommunications facilities. 9. It is proposed that the following buildings will be constructed: 195' tall monopole tower structure inside a 100' x 100' leased area for ound equipment/shelters to be placed on concrete, pads_ All equipment and monopole will be secured by a fence. 10. The following are all of the individuals, firms, or corporations "owning property adjacent to both sides and rear and in front of the property where the requested use will be conducted. These people will be notified by mail of this application: NAME Shawnee Canning Co PROPERTY ID# 18 -A -42A NAME Shawnee Canning Co PROPERTY ID# 18-A-41 NAME Jearldean D. Collins PROPERTY 1D# 18 -A -32C NAME Jeanette Hoffman PROPERTY 1D# 18-A-37 NAME Jeanette Hoffman PROPERTY 1D# 18-A-39 ADDRESS PO Box 657 Cross Junction, 22625 ADDRESS PO Box 657 Cross Junction, 22625 ADDRESS 198 Chestnut Grove Rd, Winchester 22603 ADDRESS PO Box 325 Cross Junction, 22625 ADDRESS PO Box 325 Cross Junction, 22625 Add��ronaL �6-A-16 �� W ['ri -,q - /( 7 16,td �d � - ((-,4-37 12. Additional comments, if any: The landowner also owns parcels # 18-A-39 and 18-A-37 to the south of the proposed property and the land on those parcels may be used to comply with setback requirements. I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the lust public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner�� Owners' Mailing Address c/o Eddie Cave. PO Box 325 Cross Junction VA 22625 Owners' Telephone No. 540-888-3418 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: AFFIDAVIT To: Frederick County Department of Planning and Zoning I, the undersigned, Jeanette Hoffman, owner of property located at 301 Cross Junction Road, Cross Junction, Virginia, make this affidavit that I am aware that I may be held responsible for the removal of the commercial telecommunications facility as stated in Frederick County Code §165-48.6B(7), if the developer fails to remove the facility. I own two (2) adjoining parcels located to the south of the proposed property (parcels # 18-A-39, 18-A-37) and, if necessary, the setback and access requirements for the project may be met by the land in these parcels. I understand and agree that as placed the tower can potentially fall into these adjoining parcels. Sincerely, Eddie Cave, Power of Attorney for MDS/KD/dls Date SEP -18-2001 07:40 AM Shared TOWBr5 7036282554 1 253 423 3800 p,03 owair Results xti vK:' tlrhttps: wtbjagf w 6x.g0v.11I.STowei RESULTS A routine check of the coordinates, heights, and structure type you provided indicates whether this structure does or does not require registration. Any "fail slope" result means that your structure requiresFAA notification and FCC registration. if all results are "pass slope", this means that the structure does not require registration, based on the information you provided. WARM NG: Because the airport database we use is updated periodically, it does not take into account the most recent airport construction, nor does it include proposed airports. You still must register with the FCC if your structure is located near one of these airports or if the FAA specifically asks you to register - even if you "pass slope" in all instances. Note: Use your Browser's print function to print your Tow -Air results. THE INITIAL INFORMATION ENTERED: ..............................................:................... ...... 3VIT10.9 78"17'37.7 :60.7 59.7 :�J8.7 PO1.F. Structure does not require registration. There are no airports ... trt ' within S kilaeters(5 miles) of the coordinates .you provided. >: ori 913:2661 9.00 PN CROSS JUNCTION C❑MMUNICATI❑NS FACILITY DATE: 09/18/01 APPROXIMATE PARCEL 18-A-38 SCALE: 1"= 500' LOCATION N 39019'01.1° GREENWAY ENGINEERING W 78.17'37.4° 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded. in 1971 www.greenwayeng.com tr i Existing toweres cannot provide coverage from Hunting Ridge to Timber Ridge Berkeley / s RAD Centers 170' ¢S ERP 47 / .ognnc 199' Ac Slope 3.1' \ Shared Towers Sites In Zoning Access Factor 10, Frederick County, VA Signal Legend Red 0 -87 Good Coverage Purple -87 -90 Acceptable Coverages -- a StQ t Iii Blue -90 -93 Poor Coverage >< • k, 11. i afCf Green -93 -99 Calls Drop \��!`, ° it LFrequency 1950 MHz/ A Omni DB906 Antenna s /��5%/.1.{ tr• '� Jeffersor Hunting Ridge 39-16-07.2 78-13-28.3195' Pole Ground 921' Cross Juction 39-19-10.2 78-17-37.7 195' Pole Ground 975' Reynolds Store 39-22-28.5 78-17-39.7 195' Pole Ground 1130' m / = � Q Crown 39-12-53.37 78-12-15195' SS Ground 940' ISpectrasite-Omps 39-24-49.5 78-19-41.7 182' SS Ground 1383 Crown 39-14_37.9 78-11-49140' Pole Ground 1190' The Proposed Sites Complete The Coverage Gaps Berkeley RAD Centers 170' tl0 ' A ERP 47 Slope 3.1 j Shared Towers Sites In Zoning Access Factor 10, 'Frederick County, VA Red 0 -87 Good Coverage Purple -87 -90 Acceptable Coverage------ f Ft �a t 1 ' � Blue -90 -93 Poor Coverage Green -93 -99 Calls Drop a ',��. LFrequency 1950 MHz/ Omni DB906 Antenna •- D e Q Jeffersor Hunting Ridge 39-16-07.2 78-13-28.3 195' Pole Ground 921' Cross Juction 39-19-10.2 78-17-37.7 195' Pole Ground 975' Re nolds Store 39-22-28.5 78-17-39.7 195' Pole Ground 1130' OEM�: = \\ n IsCrown 39-12-53.37 78-12-15 195' SS Ground 940' . Spectrasite-Omps 39-24-49.5 78-19-41.7 182' SS Ground 1383 Crown 39-14-37.9 78-11-49140' Pole Ground 1190' • a • PC REVIEW: 12/05/01 BOS REVIEW: 01/23/02 CONDITIONAL USE PERMIT #19-01 HUNTING RIDGE TOWER Telecommunications Facility LOCATION: This property is located at 329 Hunting Ridge Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30-A-114 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential and Agricultural PROPOSED USE: 195 -foot -high monopole telecommunications facility REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Rt. 608, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum standards. Fire Marshal: Maintenance of roadway for emergency vehicle access. 14.5 foot vertical clearance and entire width per NFPA. Roadway requirements allow for enhancement of Rural Fire Protection in Wildland Fire Control. Plan approval is recommended. Inspections Department: Structures shall comply with The Virginia Uniform Statewide Building Code and Section 312, Use Group U (Utility) of The BOCA National Building Cade/1996. Please note Chapter 17 of BOCA for special inspection requirements for this Hunting Ridge Tower, CUP # 19-01 Page 2 November 27, 2001 type structure (concrete/bolt testing, etc.) Public Works/Engineering: Disturbance of more than 10,000 s.f. will require an erosion and sediment control plan and a land disturbance permit. This land disturbance include access roads and site development. Winchester Regional Airport: Please see attached letter from Serena R. Manuel, Executive Director, dated 10/22/01. Planning and Zoning: The Frederick County Zoning Ordinance allows for Commercial Telecommunication Facilities in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. The Frederick County Zoning Ordinance specifies that a CUP for a commercial telecommunication tower may be permitted provided that residential properties, land use patterns, scenic areas and properties of significant historic values are not negatively impacted. Furthermore, additional performance standards shall apply to the CUP review in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. The applicant proposes to build a 195 -foot monopole telecommunication facility that is designed to accommodate commercial telecommunication carriers. The proposed facility will be located on a 12 -acre site located at 329 Hunting Ridge Road. The applicant has provided an inventory of existing telecommunication facilities in the area, and staff would concur that there are no existing facilities or appropriate structures available for collocation in this general area. The maps provided within the application analyzing coverage need in this area appear to be sufficient to determine the adequacy of the search area, and the existing coverage and capacity of the licensee holder in the vicinity of the proposed facility. As shown on the maps, the coverage needs will be met by a facility in this location. The applicant will be required to provide lighting to comply with the requirements of the Winchester Regional Airport Authority. The lights shall comply to FAA standards as noted in the letter submitted by the Director of the Airport Authority. The Frederick County Zoning Ordinance requires that these lights be shielded from ground view to mitigate illumination to neighboring properties and right-of-ways. Buffer and screening requirements will be determined at site plan review. The setbacks of this proposed commercial telecommunication facility are approximately 2,000 feet from the road right-of-way and 264 and 263 feet, respectively, from side property lines: The rear setback is at 223. feet. These proposed setbacks for this site will be in conformance with the Zoning Ordinance. This proposed commercial telecommunication facility will be in conformance with Section 704 of the Telecommunication Act of 1996. In evaluating this application, it has been demonstrated that there is a need for the infrastructure Hunting Ridge Tower, CUP #19-01 Page 3 November 27, 2001 within the area of the County identified. STAFF CONCLUSIONS FOR THE 12-05-01 PLANNING COMMISSION MEETING: Staff believes that this application for a Commercial Telecommunication Facility has adequately addressed the requirements of the Zoning Ordinance in that need for this facility, based on a lack of coverage and capacity in this part of the County has been demonstrated. Should the Planning Commissionchoose to recommend approval ofthis application, the following conditions ofapproval would be appropriate: 1. All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower will have space available free of charge for Frederick County emergency communications. (See attached letter dated November 15, 2001.) 3. The tower shall be available for co -locating personal wireless services providers. 4. A minor site plan shall be approved by the County. 5. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. O:NAgenda kCOMMENTSNCUM\200 I NHuntingRidgel wpd / / / BALJSEFRNM 30 A 90B of Planning and Development, 11/01, NOV-13-2001 03:36 PM Shared Towers 70361.82634 1 233 423 38ee P.01 Shared 'Powers, LLC 6301 Sandy Knoll Court, McLean, VA 22141 (703)-,393-1571 1`3s 233-423-3300 e-mail: kdoshi@ahartdtowee•s.mart November 15, 2001 Mr. Mark R. Chcran, Planner County of Frederick 107 North Kent Street Winchcster,-VA 22601 Via F . ' 40-6Q-6395 Dear Mr. Cheran. We are happy to assist County emcrgcacy communwa�inan sm=&(pow, fiM awbulance) by allowing thein to attach up to two omni antennas on each of our proposed towers. Like U outer tenants, when thcy teed the space, they will need to enter into a lease document (however. the fm will Uc waif Sincerely, Shared Towers, LLC ;;Je�c Kamal Doshi Managing Member Cc: Marie Smith, Greenway Engineering 540-722-9528 inn #i9—ni Submittal Deadline: II -q-8 P/C Meeting:�� BOS Meeting: Z3 APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner X other) NAME: Greenway En 'neering ADDRESS: 151 Windy Hill Lane, Winchester VA 22602 TELEPHONE: (5401 662-4185 2. Please list all owners, occupants, or parties in interest of the property: Talbert and Joyce DeHaven 3. The property is located at: 329 Hunting Ridge Road Winchester, Virginia 22603 4. The property has a road frontage of 110 feet and a depth of 1(00 feet and consists of 12 acres. (Please be exact) 5. The property is owned by Talbert and Joyce DeHaven as evidenced by deed from Ira E. Bishop and Dorothy A. Bishop recorded in deed book no. 353 on page 212 as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 30-A-114 Magisterial District Gainsboro District Current Zoning RA 7. Adjoining Property: USE ZONING North 30-A-9013 Single Family RA 30-A-90 Single Family RA 30 -A -90C Single Family RA East 30 -A -93C Single Family RA H EC E I VE D 30-A-112 Single Family RA 30-A-110 Single Family RA SEP 18 2001 South 30 -A -98C Agriculture RA ~'r nF P1 ANNINn/nFVELOPMEN7 West 30-A-115 Agriculture RA 8. The type of use proposed is: Unmanned Commercial telecommunications facilities. 9. It is proposed that the following buildings will be constructed: 195' tall monopole tower structure inside a 100' x 100' leased area forrground equipment/shelters to be placed on concrete pads. All equipment and monopole will be secured by a fence. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of the property where the requested use will be conducted. These people will be notified by mail of this application: NAME Talbert DeHaven PROPERTY ID# 30-A-115 NAME Sherry Ann Bauserman PROPERTY ID# 30 -A -90B NAME Angy Y Cessna PROPERTY ID# 30-A-90 NAME Craig Cessna PROPERTY ID# 30 -A -90C ADDRESS 329 Hunting Ridge Road, Winchester ADDRESS 331 Hunting Ridge Road, Winchester ADDRESS 443 Hunting Ridge Road, Winchester ADDRESS 443 Hunting Ridge Road, Winchester NAME Leslie Kerns & Timothy Clowser ADDRESS 401 Hunting Ridge Road, Winchester PROPERTY ID# 30-A-93 NAME Frances Clark PROPERTY ID# 30-A-112 NAME Talbert DeHaven, Jr PROPERTY ID# 30-A-110 NAME Talbert DeHaven PROPERTY ID# 30 -A -98C ADDRESS 375 Hunting Ridge Road, Winchester ADDRESS 357 Hunting Ridge Road, Winchester ADDRESS 329 Hunting Ridge Road, Winchester 12. Additional comments, if any: The landowner also owns parcel 30 -A -98C to the south of the proposed property and the land on that parcel may be used to comply with setback requirements. I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. I _ A—�. Signature of Applicant Signature of Owner Owners' Mailing Addre Owners' Telephone No. 540-662-6945 TO BE COMPLETED BY THE ZONING ADMIMSTRATOR: USE CODE: RENEWAL DATE: To: Frederick County Department of Planning and Zoning We, the undersigned, Talbert and Joyce A. DeHaven, owners of property located at 329 Hunting Ridge Road, Winchester, Virginia, make this affidavit that we are aware that we may be held responsible for the removal of the commercial telecommunications facility as stated in Frederick County Code §165-48.6B(7), if the developer fails to remove the facility. We own an adjoining parcel located to the south of the proposed property (parcel 30 -A - 98C) and, if necessary, the setback and access requirements for the project may be met by the land in this parcel. We understand and agree that as placed the tower can potentially fall into this adjoining parcel. Sincerely, �TaI ert DeHaven Date' ,Jq'cey,beHaven Date i NI DS/KDAIIs SEP -18-2001 07:39 RM Shares! Towers 7036282654 1 253 429 9800 P.02 Towair Results uy si„y'g :' l;. hnps; r ntbjag l w.fee.gay.R71.5"Tosca RESULTS A routine check of the coordinates, heights, and structure type; you prov:d,-,�3 indicates whether this structure does or does not require registration. Any "fail slope" result means that your structure requiresFAA notification and PCC registration. if all results are "pass slope", this means that the structure does not require registration, based on the information you provided. WARNING: Because the airport database we use is updated periodically, it does not take into account the most recent airport construction, nor does it include proposed airports. You still must register with the FCC if your structure is located near one of these airports ur if the FAA specifically asks you to register - even if you "pass slope" in all instances. Note: Use your Drowsees print function to print your TOW Air results. _. THE LNITrAL INFORMATION ENTERED: 99`16'4.0 , 7913'30.0 60.7 :59.7 2A2.S K A t I :Structure does not require registration. There are no airports within S kilometers(5 miles) of the coordinates :;you provided. VA r�2z-vk�wH�l4) �� 92i 1 of 1 9:13'2001 9:03 1'b WINCHESTER REGIONAL AIRPORT i '" 491 AIRPORT ROAD `^� WINCHESTER, VIRGINIA 22602 o � �.�.� 9 (540) 662-242-9 October 22, 2001 Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Site Plan Comments — Share Towers Hunting Ridge Pole, Cross Junction Pole, Reynolds Store Pole Dear Mr. Sir: The Winchester Regional Airport Authority offers the following comments on the above referenced site plans as conditions to be included for approval of this site plan: 1. Although not required by FAA, structure should be marked and lighted in accordance with FAA Advisory Circular 7017460-1 J, Obstruction Marking and lighting, Chapters 4, 8 (M -Dual) & 13 2. Consideration should be given to the owner/operator of the Timber Ridge Airport which is a private airport located approximately four nautical miles from two of the towers as to possible impact on that facility. These comments are based on the review provided by our engineering firm, Delta Airport Consultants, Richmond, Virginia. They have determined that these proposed towers do not penetrate any FAR Part 77 surfaces therefore there should be no impact on current or future operations at the Winchester Regional Airport. If the above referenced conditions along with any outlined in the FAA study are met, the Winchester Regional Airport Authority has no objections to these site plans. Should you have any questions or need additional information, please contact this office (430) 662-5786. Sincerely, '*�� 1� -'iXV3 S. R. Manuel Executive Director V. � ki'l-Y le HUNTING RIDGE COMMUNICATIONS FACILITY DATE: 09/17/01 APPROXIMATE PARCEL 30-A-114 Gam: 1° = 500' LOCATION N 39016'08 GREENWAY ENGINEERING W 7813'29.3,, 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE,: (540) 662-4185 FAX: (540) 722-9528 Founded in 191-Y w`w*w.greenwayeng.com --n-a7 -r -ar. ur— Y.��.,:.,s�F"�:a:-.a ,-""...mss .ronsr•.m m,._. .,;..: `_ _ r' -^3t". .. _, r.r•_c.-----r —�r .x..h...>_.- M1xa AMN0017T COMSULTAILYTO, IMC. engineers - planners Charlotte, NC Austin, TX Harrisburg, PA Richmond, VA —octoBer 18, Ms. Serena R. Manuel Executive Director Winchester Regional Airport 491 Airport Road Winchester, Virginia 22602 RE: Communications Towers Share Towers - Greenway Engineering Winchester Regional Airport Winchester, Virginia Delta Project No. N/A Dear Ms.el: We have reviewed the three (3) Frederick County Conditional Use Permits from Greenway Engineering sent to us with your letter dated. October 15, 2001. We find that the none of the towers penetrate any FAR Part 77 Surface associated with Winchester Regional Airport. The following summary details the positions of the three proposed towers: These towers are all far enough from the airport that they will not be a factor in any future airport development as currently depicted on the approved Airport Layout Plan. However, two private airports, Al and Timber Ridge, both located about 14 nautical miles from Winchester Regional Airport along the extended RW 32 centerline, may be affected as they are each about four nautical miles from two of the towers. Should you have any questions, please do not hesitate to call. incerely, C. Longnaker, P.E. JCL: blg GEN7983 7333 Whitepine Road Telephone (804) 275-8301 Richmond, Virginia 23237 Fax (804)'275=8371 Homepage: http://www.deltaairport.com E-mail: delta@deltaairport.com Y'-.L�'rv'r •.{ r� .-}�K{iv �hrK�nJ.�� :.:. :..:. �.h:a:.,.n:: h'.�:?<i.`••r••k?t=};..... 2------------------ �}+h .1;:{,'•a: :.x::}�.K'• wc�}.2'tC:aK:=::.'i.'..,o, .... .. Hunting Ridge 45,202' (8.6 miles) 17,152' (3.2 miles)- 1,116' MSL - Pole right Cross Junction 71,488' (13.5 miles) 16,426' (3.1 miles)- 1,175' MSL Pole right Reynolds Store 85,749' (16.2 miles) 31,479' (6.0 )- right 1,325' MSL Pole These towers are all far enough from the airport that they will not be a factor in any future airport development as currently depicted on the approved Airport Layout Plan. However, two private airports, Al and Timber Ridge, both located about 14 nautical miles from Winchester Regional Airport along the extended RW 32 centerline, may be affected as they are each about four nautical miles from two of the towers. Should you have any questions, please do not hesitate to call. incerely, C. Longnaker, P.E. JCL: blg GEN7983 7333 Whitepine Road Telephone (804) 275-8301 Richmond, Virginia 23237 Fax (804)'275=8371 Homepage: http://www.deltaairport.com E-mail: delta@deltaairport.com Existing toweres cannot provide coverage from Hunting Ridge to Timber Ridge Berkeley / =_ RAD Centers 170' Q� A ERP 47 Slope 3.1 + Shared Towers Sites In Zoning Access Factor 10, j Frederick County, VA Signal Legend + Red 0 -87 Good Coverage Purple -87 -90 Acceptable Coverage----- old'a s e 95 (�!( 11 i Blue -90 -93 Poor Coverage Green -93 -99 Calls Drop , ; y' LFrequency 1950 MHz/ A Omni DB906 Antenna , It Jeffersor 0 RI 19 A s Hunting Ridge 39-16-07.2 78-13-28.3 195' Pole Ground 921' j Cross Juction 39-19-10.2 78-17-37.7 195' Pole Ground 975' C Re nolds Store 39-22-28.5 78-17-39.7195' Pole Ground 1130' {:rown 39-12-53.37 78-12-15 195' SS Ground 40' Spectrasite-Omps 39-24-49.5 78-19-41.7 182' SS Ground 1383 Grown 39-14-3.7.9 78-11-49140' Pole Ground 1190' The Proposed Sites Complete The Coverage Gaps Berkeley (/ RAD Centers 170' Y A ERP 47 j Slope 3.:1 Shared Towers Sites In FJ� Zoning Signal Legend Access Factor 10 , re County, VA +t,l' Jiy Red 0 -87 Good Coverage fill % - Purple -87 -90 Acceptable Coverage------- dj► ' Blue -90 -93 Poor Coverage 1 Green -93 -99 Calls Drop LFrequency 1950 MHz/ Omni DB906 Antenna � o Jeffersor 10 .i \�;5d o Hunting Ridge 39-16-07.2 78-13-28.3 195' Pole Ground 921' Cross Juctlon 39-19-10.2 78-17-37.7195' Pole Ground 975' Re nolds Store 39-22-28.5 78-17-39.7 195' Pole Ground 1130' A rown 39-12-53.37 78-12-15 195' SS Ground 940' Spectrasite-Omps 39-24-49.5 78-19-41.7 182' SS Ground 1383 Crown 39-14-37.9 78-11-49140' Pole Ground 1190' :7 • • PC REVIEW: 12/05/01 BOS REVIEW: 01/23/02 CONDITIONAL USE PERMIT #20-01 REYNOLD'S STORE TOWER Telecommunications Facility LOCATION: This property is located at 8526 North Frederick Pike. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 11-A-39 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential, Agricultural, Cemetery, Church and Vacant. PROPOSED USE: 195 -foot -high lattice -type telecommunications facility REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Rt. 522, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum standards. Fire Marshal: Maintenance of roadway for emergency vehicle access. 14.5 foot vertical clearance and entire width per NFPA. Roadway requirements allow for enhancement of Rural Fire Protection in Wildland Fire Control. Plan approval is recommended. Inspections Department: Structures shall comply with The Virginia Uniform Statewide Building Code and Section 312, Use Group U (Utility) of The BOCA National Building Code/1996. Please note Chapter 17 of BOCA for special inspection requirements for this Reynold's Store, CUP #20-01 Page 2 November 28, 20"01 type structure (concrete/bolt testing, etc.) Public Works/Engineerin: Disturbance of more than 10,000 s.f. will require an erosion and sediment control plan and a land disturbance permit. This land disturbance include access roads and site development. Winchester Regional Airport: Please see attached letter from Serena R. Manuel, Executive Director, dated 10/22/01. Planning and Zoning: The Frederick County Zoning Ordinance allows for Commercial Telecommunication Facilities in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. The Frederick County Zoning Ordinance specifies that a CUP for a commercial telecommunication tower may be permitted provided that residential properties, land use patterns, scenic areas and properties of significant historic values are not negatively impacted. Furthermore, additional performance standards shall apply to the CUP review in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. The applicant proposes to build a 195 -foot lattice -type telecommunication facility that is designed to accommodate commercial telecommunication carriers. The proposed facility will be located on a 105 -acre site located on Route 522. The applicant has provided an inventory of existing telecommunication facilities in the area, and staff would concur that there are no existing facilities or appropriate structures available for collocation in this general area. The maps provided within the application analyzing coverage need in this area appear to be sufficient to determine the adequacy of the search area, and the existing coverage and capacity of the licensee holder in the vicinity of the proposed facility. As shown on the maps, the coverage needs will be met by a facility in this location. The applicant will be required to provide lighting to comply with the requirements of the Winchester Regional Airport Authority. The lights shall comply to FAA standards as noted in the letter submitted by the Director of the Airport Authority. The Frederick County Zoning Ordinance requires that these lights be shielded from ground view to mitigate illumination to neighboring properties and right-of-ways. Buffer and screening requirements will be determined at site plan review. The setbacks for this proposed commercial telecommunication facility will be approximately 271 feet from the road right-of-way, 463 feet side setback, and 1,000 feet rear setback. The applicant is requesting the ability to utilize lattice -type material construction pursuant to Section 165-48.6(B)2 of the Zoning Ordinance. The Zoning Ordinance requires that new commercial telecommunication facilities be of monopole -type construction. The Planning Commission may allow lattice -type construction for new commercial telecommunication facilities that are located outside of the Urban Development Area, and are not adjacent to properties that are identified as historic areas. The proposed site is located outside of the Reynold's Store, CUP #20-01 Page 3 November 28, 2001 UDA and is not in close proximity to any identified historic areas. Therefore, allowing a lattice -type tower would be in conformance with the intent of the Zoning Ordinance. This proposed commercial telecommunication facility will be in conformance with Section 704 of the Telecommunication Act of 1996. In evaluating this application, it has been demonstrated that there is a need for the infrastructure within the area of the County identified. STAFF CONCLUSIONS FOR THE 12-05-01 PLANNING COMMISSION MEETING: Staff believes that this application for a Commercial Telecommunication Facility has adequately addressed the requirements of the Zoning Ordinance in that need for this facility, based on a lack of coverage and capacity in this part of the County, has been demonstrated. An allowance for a lattice - type tower construction, may be appropriate. Should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower will have space available free of charge for Frederick County emergency communications. ( See attached letter dated November 15, 2001.) 3. The tower shall be available for co -locating personal wireless services providers. 4. A minor site plan shall be approved by the County. 5. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 0:\Agendas\COMMENTS\CUP's\2001\Reynold's Store Tower. wpd WESLEY CHAPEL CEMETERY 69 CROSEN \X 06 A 83 / 06 A 82A may% 60 BALLANTINE SHENK /f/ 12 A 1 --- - - - -- - -- -11 A- 39------ 52 9--- - -- 52 SHENK. � j .q BALLANTINE / 49,q 12 A 1 � / / SHENK qoq 11 A 39B BALLANTINE , PARTLOW 12 A �.'� 11 A 40 ' �BALLANTINE 12 A 1 , CUPM20. - 01 Location Map For: Reynold's Store Tower (Spectrum Resources,Inc.) Shenk Property PIN: I1 -A-39 Dept. of Planning and Development, 11101, Agray NOV-13-2001 03:36 PM Snared Towers 7036282624 1 233 4Z3 3800 P.01 Shared 'Powers, LLC 6301 Sandy Knoll Court, McLean, VA 22101 (',03093 i571 Fal 2:53-423-3800 e-mail: kdoshina,shared towers. cam November 13, 2001 Mr. Mark R. Cheran, Planner County of Frederick 107 North Kent Street Winchcster,-VA 22601 Via F . 40-60-h395 Dear Mr. Cheram. We are happy to assist County emergency communicatimmsmi=(polue, fire, ambulance) by allowing flora to attach up to two omni antennas on each of our proposed towers. Like all other tenants, when they need the space, they will need to enter into a lease document (however, the rest will be waited)! Sincerely, Shared Tower, LLC Kamal Doshi Managing Member Cc: Marls Smith, Greenway Engineering 540422-9528 lk- SgMi of TOP of VRGUA WINCHESTER REGIONAL AIRPORT October 22, 2001 Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 RE: Site Plan Comments -- Share Towers Hunting Ridge Pole, Cross Junction Pole, Reynolds Store Pole Dear Mr. Sir: The Winchester Regional Airport Authority offers the following comments on the above referenced site plans as conditions to be included for approval of this site plan: 1. Although not required by FAA, structure should be marked and lighted in accordance with FAA Advisory Circular 7017460-1 J, Obstruction Marking and lighting, Chapters 4, 8 (M -Dual) & 13 2. Consideration should be given to the owner/operator of the Timber Ridge Airport which is a private airport located approximately four nautical miles from two of the towers as to. possible impact on that facility. These comments are based on the review provided by our engineering firm, Delta Airport Consultants, Richmond, Virginia. They have determined that these proposed towers do not penetrate any FAR Part 77 surfaces therefore there should be no impact on current or future operations at the Winchester Regional Airport. If the above referenced conditions along with any outlined in the FAA study are met, the Winchester Regional Airport Authority has no objections to these site plans. Should you have any questions or need additional information, please contact this office (430) 662-5786. Sincerely, '<a�� 1� 1��J S. R. Manuel Executive Director aAEL�A AIMMOMT CU/VSULTAMTS, IMC. engineers - planners Charlotte, NC Austin, TX Harrisburg, PA Richmond, VA o er 18, Ms. Serena R. Manuel .,(,�. 9 ri>'::: .. - { 1. � h. }�. .} �v,}�:n' ” Executive Director -.:.y• .:: •"+-: 'r •ia::;?} - �= - .{•}y„�'-}}}:;::.:... •i::�fn•+•�..4:�L%;.' e+CN Winchester Regional Airport 491 Airport Road Winchester, Virginia 22602 RE: Communications Towers Share Towers - Greenway Engineering Winchester Regional Airport "yl:r:r':4nj'r:>.::i2 i': {ik?::?:�f'}::f:\ vi%$.: y�F: f::i:{i -}.:.....} :...n...::::::n:::::. n}Y.- Winchester, Virginia }H {Arne u 4t:$$' .::$h. N-0Q"v': :•:{ ::O{!i( Delta Project No. N/A Dear Ms.el: { `:.ri-1:-'-.,f'. .n•�i�'fi�Zi: " :{�{ We have reviewed the three (3) Frederick County Conditional Use Permits from Greenway Engineering sent to us with your letter dated October 15, 2001. We find that the none of the towers penetrate any FAR Part 77 Surface associated with Winchester Regional Airport. The following summary details the positions of the three proposed towers: {}:rS:;r•+'+.:2}.•:.. . +a W }'r-::? ::tic:C::- \. \w int%n +`+.f�{�� 6.{v.}:S {+{?\-y.� .,(,�. 9 ri>'::: .. - { 1. � h. }�. .} �v,}�:n' ” s'.,. -.:.y• .:: •"+-: 'r •ia::;?} - �= - .{•}y„�'-}}}:;::.:... •i::�fn•+•�..4:�L%;.' e+CN "yl:r:r':4nj'r:>.::i2 i': {ik?::?:�f'}::f:\ vi%$.: y�F: f::i:{i -}.:.....} :...n...::::::n:::::. n}Y.- l i•}:r • •~':Y .i1:.'?C:.. -0G:{•..: •. .. i }H {Arne u 4t:$$' .::$h. N-0Q"v': :•:{ ::O{!i( n .•y:. fir. ''Ji •n• n:t t:{}•'.+}.•}. { `:.ri-1:-'-.,f'. .n•�i�'fi�Zi: " :{�{ I�unting Ridge 45,202' (8.6 miles) 17,152' (3.2 miles)- 1,116' MSL Pole right Cross Junction 71,488' (13.5 miles) 16,426' (3.1 miles)- 1,175' MSL Pole right Reynolds Store 85,749' (16.2 miles) 31,479' (6.0 )- right 11325' MSL Pole These towers are all far enough from the airport that they will not be a factor in any future airport development as currently depicted on the approved Airport Layout Plan. However, two private airports, Al and Timber Ridge, both located about 14 nautical miles from Winchester Regional Airport along the extended RW 32 centerline, may be affected as they are each about four nautical miles from two of the towers. Should you have any questions, please do not hesitate to call. incerely, Al -a - C. Longnaker, P.E. JCL:blg GEN7983 7333 Whitepine Road Telephone (804) 275-8301 Richmond, Virginia 23237 Fax (804) 275-8371 Homepage: http://www.deltaairport.com E-mail: delta@deltaairport.com 45 cup #?n-ni Submittal Deadline: &-2:0 P/C Meeting: 12-5- l BOS Meeting: ILL -0) APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner X other) NAME: Greenwgy Engineering ADDRESS: 151 Windy Hill Lane Winchester VA 22602 TELEPHONE: (540) 662-4185 2. Please list all owners, occupants, or parties in interest of the property: Daniel A. & Mary J. Shenk and Roger W & Sue L Shenk 3. The property is located +: 8840 Nortnyreucricx i m. Cross .function Virginia 2225 4. The property has a road frontage of feet and a depth of 1000 feet and consists of 105 acres. (Please be exact) 5. The property is owned by Daniel A. & Mary J. Shenk and Roger W & Sue L Shenk as evidenced by deed from Evelyn G. Shenk recorded in deed book no. 902 on page 1533 as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 11-A-39 Magisterial District Gainsboro District Current Zoning RA 7. Adjoining Property: USE ZONING North 6-1-84 Single Family RA 6 -A -83C Single Family RA 6 -A -83A Cemetery RA East 12-A-1 Agriculture RA 7-A-10 Single Family RA 7-10-23 Single Family RA South 11 -A -39B Single Family RA 11 -A -39E State RA West Route 522 8. The type of use proposed is: Unmanned Commercial telecommunications facilities. 9. It is proposed that the following buildings will be constructed: 195' tall monopole tower structure inside a 100' x 100' leased area for g ox and equipment/shelters to be placed on concrete pads. All equipment and monopole will be secured by a fence. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of the property where the requested use will be conducted. These people will be notified by mail of this application: NAME Daniel Shenk, et al PROPERTY 1D# 11 -A -39B NAME Commonwealth of Virginia PROPERTY 1D# 11 -A -39E NAME Robert A. Ballentine, Sr PROPERTY ID# 12-A-1 NAME Robert A Ballentine, Sr.. PROPERTY ID# 7-A-10 ADDRESS 8840 N.Frederick Pike, Cross Junction ADDRESS PO Box 2249, Staunton, VA 24402 ADDRESS 9910 Old Court Rd. Woodstock, MD 21163 ADDRESS 4386 Montgomery Rd Ellicott City, MD 21043 NAME David S. & Susan B. Whitaker ADDRESS PO Box 557 Cross Junction, VA 22625 PROPERTY ID# 6-A-84 NAME Frank V. & Barbara Ann Scott ADDRESS 561 Chapel Hill Road Cross Junction PROPERTY ID# 6 -A -83C NAME Wesley Chapel Cemetery ADDRESS 271 Spring Valley Drive, Winchester 22603 PROPERTY ID# 6 -A -83A 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your y where the proposed use will be conducted. Signature of Applicant, Owners -'Mailing Address 8840 North Frederick Pike Cross Junction Virginia 22625 Owners' Teiephone No. 540-888-3712 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: SEP -18-2001 07:41 AM Shared 7owerr-. 7036222654 1 253 423 3800 P-04 Towair Rcsulte �tiyat��1: �" hrips:, wtblag I w.W.garA.i l N I owes RESUL'T'S A routine check of the coordinates, heights, and structure type you provided indicates whether this structure does or does not require registration. Any "fail slope" result means that your structure requiresFAA notification and FCC registration. If all results are "pass slope", this means that the structure does not require registration, based on the information you provided. WARNING: Because the airport database we use is updated periodically, it does not take into account the most recent airport construction, nor does it include proposed airports. You still must register with the FCC if your structure is located near one of these airports or if the FAA specifically asks you to register - even if you "pass slope" in all instances. Note: Use ,your Browser's print function to print your TowAir results. THE INITLU INFORMATION ENTERED: ,............................. I,,.. ... J9 2227.2 .:71 1739.b fi0.7 59. ,345.6 ;P(]Lt .......... ......... ....... ...-......................... ............ ......... ............................ ........ ................,......................................... ............... ............... ............... ....................... ........ ...... ..............................................._............ .......:..._.:......._..._ Structure does not require registration. There are no airports within 8 kilometers(5 miles) of the coordinates' ;you provided. 1 of 1 9/I I%'N 01 9:06 Ph RAD Centers 170'a 1182' A ERP 47 i Slope 3.1 \ Shared Towers Sites In Zoning Access Factor 10, j Frederick County, VA Signal Legend Red 0-87 Good Coverage Purple -87 -90 Acceptable Coverage-- Ete Id's a 95 �� It' a Blue -90 -93 Poor Coverage t `1 Green -93 -99 Calls Drop LFrequency 1950 MHz/ �t. �. I, ��O SIL` „ / � mni DB906 Antenna ./ Ali � 88 J� Jeffersor to i Hunting Ridge 39-16-07.2 78-13-28.3 195' Pole Ground 921' Cross Juction 39-19-10.2 78-17-37.7 195' Pole Ground 975' 4 Reynolds Store 39-22-28.5 78-17-39.7 195' Pole Ground 1130' Crown 39-12-53.37 78-12-15 195' SS Ground 940' Spectrasite-Omps 39-24-49.5 78-19-41.7 182' SS Ground 1383 5' grown 3939-14--37.9 78-11-49 140' Pole Ground 1190' . r 5 A The Proposed Sites Complete The Coverage Gaps Berkeley RAD Centers 170' �a a- A ERP 47 Ts , Slope 3:1 ,� \ �. Shared Towers Sites In Zoning Access Factor 10 / Frederick County, VA Signal Legend i # I /N Red 0 -87 Good Coverage < < �!� + h/NJ Purple -87 -90 Acceptable Coverage-----� o ! + 1/r t Blue -90 -93 Poor Coverage Green -93 -99 Calls Drop A [Frequency 1950 MHz/ Omni DB906 Antenna _ A p Jeffersor • cif /� . ; � c,, Hunting Ridge 39-16-07.2 78-13-28.3 195' Pofe Ground 921' Cross Juction 39-19-10.2 78-17-37.7 195' Pole Ground 975' Re Holds Store 39-22-28.5 78-17-39.7195' Pole Ground 1130' own PoIg ,i Crown 39-12-53.37 78-12-15195' SS Ground 940' 5pectrasite-Omps 39-24-49.5 78-19-41.7182' SS Ground 1383 J ig Crown 39-14-37.9 78-11-49140' Pole Ground 1190' / * , b t C� • PC REVIEW: 12/05/01 BOS REVIEW: 01/23/02 CONDITIONAL USE PERMIT #21-01 MARY FANSLER Daycare Facility LOCATION: This property is located at 852 Butler Avenue. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54M-1-2-25 PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land Use: Residential and Open Space PROPOSED USE: Daycare Facility REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Rt. 1333, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum standards. Fire Marshal: Portable fire extinguishers and working smoke detectors recommended. Requirements: Fire exit drills performed monthly (with records); fire extinguisher and smoke detector maintenance. Plan approval is recommended. Health Department: Proposed facility is connected to public sewer and water. Ms. Fansler plans to take in less than 12 children so she does not have to meet the requirements of food service regulations; therefore, the Health Department will not require a permit. The Health Mary Fansler CUP #21-01 Page 2 November 28, 2001 Department has no objections to this conditional use. Sanitation Authority: No comment. Inspections Department: No comment required or change of use provided that applicant is licensed by the state as Family Daycare under Virginia Department of Social Services. Planning and Zoning: Day care facilities are permitted in the RP (Residential Performance) Zoning District with an approved Conditional Use Permit. A daycare facility is defined by the Zoning Ordinance as a facility in which more than five children, not including those children related to the people who maintain the facility, are received for care, protection, and guidance during only part of the 24-hour day. The daycare facility is conducted within the principal structure. The surrounding properties consist of residential uses; the nearest residence is located 25 feet from the principal structure. The backyard area in which children would play is fenced. The residence is served by public sewer and water. There were no disapproving agency review comments. Ms. Fansler is not presently licensed by the Commonwealth of Virginia Department of Social Services as a Family Day Home but has started the application process. She would like to have an approved conditional use permit for the daycare facility before completing the licensing requirements. STAFF CONCLUSIONS FOR THE 12-05-01 PLANNING COMMISSION MEETING: If the Planning Commission fords this use appropriate, staff recommends the following conditions: 1. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 2. The number of non-resident children allowed at this daycare facility shall total no more than ten (10). 3. No business sign shall be permitted. 4. All review agency comments shall be complied with at all times. .. 154M 12 251 J < l r r i 54M 42 31 - PINEQ4 54M 42 318 HAMPTON CHASE '7 HOMEOWNERS ASSOC INC 54M 12 27 U CROSS / -- f„1 111 i iii; 6591 I 1 J� 54M 31 53 54M , 226 AUSTIN MILLS . JEENNINGS42 6 64M 12 26 54M 31 54 - .0 S CONSTRUCTION INC SECRETARY OF . VETERANS AFFAIRS 54J 42 15 ® 54M 1224 TEAL MCRRISON �. r II I I _y�.y}/�._1 54M 12 23 FLESHER 54J 42 14 FIDDLER {� CUP 2 01 C f / 54J 41 13 �L a • Location Map For: F • `54J 41 12 Mary Fansler WILLIAMS PIN: I 54M-1-2-25 I; Dept. of Planning and Development, 11/01, Agray CONDITIONAL USE PERMIT Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: ADDRESS :_�Li%' TELEPHONE - 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) cu a6/1 6,-7pl-eA(Lc' .. A► r" . / �h .� ch'4 4. The property has a road frontage of feet and a depth of 1 /) (y, r-:2 feet and consists f it acres . (Please be exact) 5. The property is owned by �r.1 t� 1J- /,o r- _ as evidenced by deed from recorded (previous owner) in deed book no. � on page N Q I , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. Magisterial District -StOile,vJaL Current Zoning /QpI�;,t r 7. Adjoining Property: ZONING HECEIVE® U X 5 2001 LANNINGInEVELOPMP'" USE North East South <�,rt c ✓c_r_a�'rJ.d��r West ZONING HECEIVE® U X 5 2001 LANNINGInEVELOPMP'" 8. The type of use proposed is (consult with the Planning Dept. before completing) ,Ag e- Qu Gtr e_ 9. It is proposed that the following buildings will be constructed: — 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and 'in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME ,� .J fi ..� _ P ems i��a ADDRESS g�5- q cc 7`� ems" g U e-- PROPERTY � ID# �`y /l! - NAME yr>>( l'rs'diy , Sea er-t P ADDRESS kt d j6d-1 er # U f (� J PROPERTY ID# SW ,,Cf -/ -� - 02� f NAME }QnµGfil -J Co"V-- (��uQow,t/et�ADDRESS �� Cicjl� yl�S7' w P, -JC -A PROPERTY ID#,.�- y I f .. a -Z& A NAME (nJL1.stJAJ ADDRESS % a;2S QlGI ��r'E i1,JON D,- w,.)chr'i-ter '9."o3 PROPERTY NAME ADDRESS PROPERTY NAME i l�1 ,o /` � /V n� Q SQ _ ADDRESS Old JQ - i` rJAJ PROPERTY ID#cs1/ -� - �' /S` Cis �S r �� NAME �Q.q / 1- l%G /�! i 1�✓ue ADDRESS d a� o`Z (��%�(o �o� ,e —J step 1�•Js �:'�� aa�� s - PROPERTY ID# �` 7' -1 - ;L- - I NAME 0 e- 1 ADDRESS PROPERTY ID# 5 -, I' `� -5 Wl HGkes e r� VA ZZ,6D I r F (0rfe 5, MAC/fl mar rCk r a ? No '*\P toh Cf �esfQsr, VA 2260! - , 12- Additional comments, if any: ► J�, /r ,e /X) I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. A Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. `9- 0 iAJ Per aye cher Lr aoo TO'BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: N/F BAKER LANE GENERAL; PARTNERSHIP CL 56' DRAINAGE EASEMENT R/W —— — N OPEN SPACE T_ 19 RF S 43'49'06" W 65.50' RF r-- � Z I IOl Ol m of W _ 26Ir LOT 25 I . _4 I 7,000 SF I 3 1 I a I b [DECK I 1 I 40 .2 b 1 STORY FRAME :, I I >i SPLIT OYER I RESIDENCE I _ `6 x'852 POSTED I T= yam/ N N l I O INVDD PORCH I I Q W �� C, I 1C" o l CD n I SAN_ SEWER EASEMENT W?M I CTI 1 TO Farr cawER RD. RF N 43'49'06' E HOUSE LOCATION SURVEY DH LOT 25 SECTION 2 PHASE 1 HAMPTON CHASE DEED BOOK 798 PAGE 946 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA THIS PLAT HAS BEEN PREPARED WTTHOUI AND DOES NOT 14ECESSARLY INDICATE ALL OWNER: AMICK FLOOD NOTE - ZONE: C COMMUNITY NO: r*WlEm & ASSOCIATES BUTLER AVE. 50' R/W RF THIS IS TO CERTIFY THAT ON MAY 23. 2001 I MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON, AND THAT THERE ARE NO EASE- MENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. NOTES:- 1. OTES1. TAX ASSESSMENT MAP N0. 54M-1-2-26 2. CURRENT INSTRUMENT IN CHAIN OF TITLE IS DEED BOOR 977 PAGE 1199 3. RF- REBAR FOUND THE BENEFIT OF A TITLE REPORT' DATE: MAY 23, 2001 ENCUMBRANCES ON THE PROPERTY. PURCHASER: FANSLER W.O. f 01180 ENGINEERS PLANNERS SURVEYORS 3078 SHAWNEE DRIVE P.Q. BOX 2033 WINCHESTER, VIRGINIA 22601 (540)667-1103 SCALE: 1" = 20' EDWARD W. DOVE a CERT. NO. 54-17—,3(A)',964 5 t Z��o4 SUR u REZONING APPLICATION #10-01 JORDAN SPRINGS (County Court Reporters, Inc.) Staff Report for the Planning Commission Public Hearing Prepared: November 28, 2009 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. Reviewed Action Planning Commission: 12/05/01 Pending Board of Supervisors: 12/12/01 Pending PROPOSAL: To rezone 10 acres from RA (Rural Areas) to B2 (Business General) with the HA (Historic Area) Overlay District. LOCATION: The property is located at 1160 Jordan Springs Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-294 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: County Court Reporters, Inc. (CUP #17-01) ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District Use: Agricultural South: Zoned RA (Rural Areas) District Use: Agricultural / Residential East: Zoned RA (Rural Areas) District Zoned RP (Residential Performance) Use: Agricultural / Residential Use: Residential West: Zoned RA (Rural Areas) District Use: Agricultural / Residential Jordan Springs, REZ #10-01 Page 2 November 28, 2001 PROPOSED USE: County Court Reporters, Inc. (Office) REVIEW EVALUATIONS: Virginia Dept of Transportation: The application to rezone this property appears to have little measurable impact on Route 664, the VDOT facility which would provide access to the property. 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, Sixth 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. See attached letter from Mr. Steve Melnikoff dated 9/11/01 with sketch. Fire Marshal: Areas not delineated as parking shall be identified as "Fire Lane No Parking" with approved signage and markings. Fire sprinkler system maintained at current level and investigation as to current Central Sprinkler Recall Notice. Plan approval is recommended. Public Works: See letter from Harvey E. Strawsnyder, Jr. P.E., dated 11/07/01. Clearbrook Fire Co.: Would like to see the installation of a dry hydrant placed at the pond as close to the road access from the maintenance building. Keep all lanes clear to the hydrant. Frederick County Sanitation Authority: Revised impact analysis statement; no comment. Frederick -Winchester Health Department: The Health Department has no objections as long as the new owner gets the DEQ Permit in their name. The permit from DEQ is valid and in the current owner's name. DEQ's number is (540)-574-7800. Historic Resources Advisory Board: Please see letter dated 10/19/01 from Rebecca Ragsdale, Planner L Parks & Recreation: No comment. Frederick County Public Schools: Based on the information provided, the public school system anticipates no impact to capital facilities or division operating expenses. Jordan Springs, REZ #10-0 1 Page 3 November 28, 2001 Winchester Regional Airport: The Winchester Regional Airport Authority has no objections to this rezoning request. County Attorney: When "per VDOT" is added, proffers appear to be in proper form. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U. S. G. S. Stephenson Quadrangle) depicts the zoning for the parcel which comprises the proposed rezoning as A-2 (Agricultural General) District zoning classification. The A-2 classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. The subject site has been utilized in the past as a resort, a hotel, and as a seminary by the Missionary Servants of the Holy Trinity. In more recent years, the property has been used by Shalom et Benedictus as a drug and alcohol rehabilitation center. On November 14, 2001, the Board of Supervisors granted a Conditional Use Permit enabling the County Court Reporters to utilize the property for their offices. This rezoning application is being sought as a means to further solidify the office use, while also making an effort to preserve the historic characteristics of the property. The rezoning would only apply to a 10.33 -acre portion of the larger parent tract. 2) Location The parcel which comprises the proposed rezoning is located on the west side of Jordan Springs Road (Route 664), near Hiatt Run. 3) Comprehensive Policy Plan The parcels are outside of the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The parcel is included within the Northeast Land Use Plan study area boundary. Land within this portion of the study area is intended to complement the rural character of the County. The Northeast Land Use Plan identifies Sulfur Spring Spa (34-110) as a property of historic significance and recommends Historic Resources Advisory Board (HRAB) review of all development proposals for historic resources and developmentally -sensitive areas. The Comprehensive Policy Plan addresses historic preservation with a goal to protect the historic resources in the county. A historic preservation strategy addresses the promotion of historic districts and the designation of significant resources in the County. The subject site has road frontage on Jordan Springs Road (Route 664). Jordan Springs Road, is classified as a Minor Collector Road. Jordan Springs, REZ #10-0 1 Page 4 November 28, 2001 4) Site Suitability The site is very well suited for limited use of the existing structures with restoration and preservation measures. The existing structures have been used for more intensive uses than the proposed office -type uses. The parcel which comprises the proposed rezoning contains areas of steep slopes, woodlands, and flood plain as identified in the Frederick County Zoning Ordinance. The existing structures are located outside of Zone A, the 100 -year flood plain. No development is proposed that would impact the existing flood plain of Hiatt Run, nor the steep slopes and woodland areas. 5) Potential Impacts a) Transportation Impact Analysis Statement Information provided within the applicant's Impact Analysis Statement projects that the proposed use would generate 91 vehicle trips per day (VPD). This is based on the anticipated 25 employees. Review Agency Comment The Virginia Department of Transportation (VDOT) has reviewed the applicant's traffic analysis. The application to rezone this property appears to have little measurable impact on Route 664, the VDOT facility which would provide access to the property. Planning Staff Comment Jordan Springs Road has a daily traffic volume of 1,500, based on the 2000 Virginia Department of Transportation vehicle counts. The projected 91 VPD that would be generated by the proposed rezoning does not significantly impact the roadway. It should also be noted that the previous uses on the property have generated traffic that is reflected in the previous vehicle -per - day traffic counts. b) Sewage Conveyance and Treatment Impact Analysis Statement The property will continue to be served by an on-site sewage disposal system that is under the permitting review ofthe Department of Environmental Quality (DEQ); permit VA0029653. The proposed use of County Court Reporters is within the limits of the permit. Jordan Springs, REZ #10-01 Page 5 November 28, 2001 Review AgenCE Comment The property has a valid permit to discharge into Lick Run. The permit is valid until June 30, 2002. Prior to the expiration dated, the applicant will be required by DEQ to change the permit holder's name to the new user's, and gain a permit renewal for another five-year period. Planning Staff Comment The property is located outside of the Sewer and Water Service Area (SWSA); therefore, public water and sewer are not available. The property utilizes a lagoon on-site treatment facility that is permitted by the Department of Environment Quality. It is appropriate for the property to be served by the DEQ permit, as neither public facilities are available nor could the property be served by a traditional drainfield due to the scale of the property's use. It would be appropriate for the applicant to consider providing evergreen landscape screening to lessen the visual impact of the effluent holding and discharge area on adjoining properties. C) Historic Resources: Impact Analysis Statement The applicant has expressed interest in preserving the integrity of the site and, therefore, requests that the HA (Historic Area) Overlay District be placed on the property. The applicant has provided information which indicates that the subject site is eligible to meet the criteria for listing on the Virginia Landmarks Register and the National Register. The site is identified as 34-110 in the Frederick County Rural Landmarks Survey. The Register Evaluation Ratings Sheet, utilized during the review for National Register qualifications, indicates that the site dates back to the 1890's when the property was used as a resort. Review Agency Comment The Frederick County Historic Resources Advisory Board (HRAB) comment, dated 10/19/01, supports the applicant's request for the HA (Historic Area) Overlay. The HRAB felt that the applicant was making a concerted effort to preserve the integrity of the site and commended them on their initiative to apply for the HA (Historic Area) Overlay. The HRAB felt that the proffered use restrictions for the B2 Zoning District were appropriate, restricting uses on the property to those commonly associated with office environments. Planning Staff Comment The subject site is located within the study area for the Second Battle of Winchester. The site also contains two structures that have varying degrees of historical significance and are eligible for local, state, and federal register recognition. Jordan Springs, REZ #10-01 Page 6 November 28, 2001 The applicant has requested a rezoning to include the HA (Historic Area) Overlay District. This HA district was established and incorporated into the Frederick County Zoning Ordinance when the Board of Supervisors adopted the new district in 1991. The HA Overlay has not been placed on any properties within Frederick County; this would be the first. Once the HA Overlay is established on a property, modifications to the exterior of structures, as well as site improvements, are reviewed by the Historic Resources Advisory Board (HRAB). Based on the historical significance of the site, the site does qualify for inclusion in the HA (Historic Area) Overlay. d) Impact on Adjoining Properties The subject site is located in a rural area of the county, an area characterized by agricultural and large lot residential properties. The subject site (10.33 acres) is only a portion of the larger parent tract. While the parent tract will surround the proposed B-2/HA site, there are residential properties in close proximity. The existing health system utilized by the subject site is located on the north side of Jordan Springs Road, adjacent to residential uses. The aboveground, open- air storage facility could impact the air quality and viewshed of adjoining properties. Efforts should be undertaken to minimize impacts the health facility would have on the adjoining residences. 6) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The following list is a summary of the conditions voluntarily proffered by the applicant: The preparation of detailed traffic studies during the site plan stages; to provide the necessary right-of-way along Jordan Springs Road; Limit the allowed uses on the site to Health Services, Legal Services, Professional Services, General Business Offices, Public Buildings, and Residential uses associated with allowed businesses. STAFF CONCLUSIONS FOR 12/05/01 PLANNING COMMISSION MEETING: The 10.33 -acre site proposed for rezoning is located outside the county's Urban Development Area (UDA) and its Sewer and Water Service Area (SWSA), and is within the Second Battle of Winchester study area. The site contains historic structures and is eligible for historic recognition at the local, state, and federal levels. The proposal to rezone the site from RA(Rural Areas) District to B2 (Business General) with an HA (Historic Area) Overlay is consistent with the historic preservation policies described in the Comprehensive Policy Plan and the statement of intent in the Frederick County Zoning Ordinance. The Jordan Springs, REZ #10-0 1 Page 7 November 28, 2001 site's history of commercial uses, and the present office use, are appropriate uses for the B2 District. The applicant could more appropriately respond to the review agency comments and staff concerns by addressing the following issues: • Establish a limit on the number of, location of, and height of signs to be placed on the property. • Improve the existing site entrance to satisfy state entrance standards. • Establish a limit on the number of entrances permitted onto Jordan Springs Road (Route 664). • Establish methods to mitigate the visual and safety concerns with the lagoon, including plantings and fence enclosure. Staff believes that the applicant should address the issues identified by the review agencies, in addition to any concerns raised by the Planning Commission when forwarding a recommendation to the Board of Supervisors. O:\Agendas\COMMENTS\RF?ONING\Stati Report\200iUordanSprings.wpd OUTPUT M( _ INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Net Capital Impact PLANNING DEPT PREFERENCES 1.0 1.0 METHODOLOGY 1 Capital facilities requirements are input to the first column as calculated in the model.` APPLICANT: PIN 44-A-294 Net Fiscal Impact NPV from operations calculations is input in row total of second column Net Fiscal Impact (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal Impacts. LAND USE TYPE business Costs of Impact Credit: INPUT MODULE Creditsto be Take REAL EST VAL $3,861,500 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ FIRE & RESCUE 1 Capital Faciltiies col sum only) O er ap a Bio Expend/Debt S. Taxes. Other Fire and Rescue Department $20,145 Elementary Schools $0 Middle Schools $0 $0 $0 High Schools $0 Parks and Recreation $0 $0 Public Library $0 $0 Sheriffs Offices $0 $1,228 $0 $0 Administration Building $0 $0 Other Miscellaneous Facilities $0 $14,238 $2,865 SUBTOTAL $20,145 $15,467 $2,865 $0 LESS: NET FISCAL IMPACT $685,749 NET CAP. FACILITIES IMPACT INDEX: "1.0" If Cap. Equip Included: 1.0 Total Potential Adjustment For Tax Credits Jna 'usted) INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Net Capital Impact PLANNING DEPT PREFERENCES 1.0 1.0 METHODOLOGY 1 Capital facilities requirements are input to the first column as calculated in the model.` 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column $0 (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal Impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as $17,104 calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital $18,332 facilities requirements. These are adjusted for percent of costs covered by the revenues $1,813 from the project (actual, or as ratio to avg. for all residential development). Total Potential Adjustment For Tax Credits Jna 'usted) Revenue- Cost Balance Facilities Net Capital Impact Net Cost Per Dwelling Unit $0 $0 $20,145 ERR $0 $0 $0 ERR $0 $0 $0 ERR $0 $0 $0 ERR $1,228 $1,228 $0 ERR $0 $0 $0 ERR $17,104 $17,104 $0 ERR $18,332 $18,332 $1,813 ERR $685,749 $685,749 CRR ES -711 Rev -Cost Bal = 1.000 Ratio to Co Avg = 1.433 NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 10/15/01 ERL P.I.N. 44-A-294 Rezoning: Assumes10 acres zoned B2, utilizing the existing 38,615 square feet of finished area Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. ARLES D. NOTTINGHAM COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 September 11, 2001 Mr. Evan Wyatt, Planning Director County of Frederick Department of Planning 107 North Kent Street Winchester, VA 22601-5000 Ref: Conditional Use Permit Comment Jordan Springs - Route 664, Frederick County ,ear Mr. Wyatt: J TERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540)984-5607 The attached sketch depicts a commercial entrance of appropriate design for the Jordan Springs request. The minimum entrance required for this application will require an entrance 30' wide at the back of the radii with 25' radii to the edge of pavement and paved with 2" of asphalt. No curb and gutter will be required. A land use permit will be required accompanied by an engineered drawing. I trust this information will be helpful. Steven A. Melnikoff Transportation Engineer SAM/rf Attachment RECEIVED� xc: Mr. Dave Heironimus Mr. Steve Gyurisin S E i 1 2 2003 11T Or PLANNING/DEVELOPMENT WE KEEP VIRGINIA MOVING �..}.� sTardL ZMAW Coto to .E�xfencl Cu r L' 9 c-• i r-- N� ori d ��'i rc c � io n 4 �� Sh oLc.� Fc�t-✓ ,L i,-� � 't .0, 0. . o r E?c� c.J i v tz / e �'7 •f-. � -_ _ - – _ _ _ �' ►�t� l S/GyT 0/S7',AnICE PZ- A Al V /.E W to eocf55 COL-VL5,R.T- ..moi -tia RTE. �(� Pctuem en•7r .Oest�ci� /Q'S 1�th4LT� Z " W4 • l2•: A AK&&tAr V A A•S, 93 ' A 16 sTt�L-- HALF T'YP/CAL .5EC7-/0/t/ K�j Z/t/TR.q NCE 3- Co -c3 C? Am 1& /�/o 4&0 /� November 7, 2001 Mr. Stephen M. Gyurisin Triad Engineering, Inc. 200 Aviation Drive P.O. Box 2397 Winchester, Virginia 22604 RE: Jordan Springs Rezoning Frederick County, Virginia Dear Mr. Gyurisin: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 We have completed our review of your request to rezone approximately 10 (ten) acres located at 1160 Jordan Springs Road from RA to B-2/HA. Based on this review, we offer the following comments: 1) The impact analysis indicates that the sewage treatment is covered by the Department of Environmental Quality permit VA0029653. Provide a copy of this permit including a location plan delineating the on-site lagoon. 2) Clarify the comment under water supply. We understand that the water supply is derived from a well source. Indicate the well location on the site plan identified as drawing number 1. 3) Indicate the actual location of the spring for which the property is named. This location should be reflected on drawing number 1. Our approval of the proposed rezoning will be contingent upon receipt of the above information and revisions. Sincerely, t �, ey Atztrawsnyder, Jr., P.E. Director of Public Works HES/rls cc Frederick County Planning and Zoning, i 107 North Kent Street • Winchester, Virginia 22601-5000 October 19, 2001 Mr. Stephen M. Gyurisin Triad Engineering, Inc. P.O. Box 2397 Winchester, VA 22604 RE: Jordan Springs Rezoning - 1160 Jordan Springs Road Dear Mr. Gyurisin: COPY FOR YOUR INFORMATION COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal during their meeting of October 16,200 1. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey, the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley, the Department of Historic Resources' files, and the applicant's proffer statement. Historic Resources Advisory Board Comment The ten -acre parcel proposed for rezoning from the RA (Rural Areas) District to the B2 (Business General) District, with the HA (Historic Area) Overlay Zone, is located within the study area for the Second Battle of Winchester. Located on the subj ect parcel are four structures, two ofwhich are historically significant. The two historic properties include amain spa/hotel building and a cottage. The main hotel building has been determined eligible for the State and National Register. This main hotel building is proposed for utilization by the County Court Reporters, Inc. as their corporate offices. The HRAB considered details of the County Court Reporter's business, their plans for the property, and its history. Discussion included the HRAB's role in future external changes to the property if the HA Overlay Zone is approved. The applicant expressed their desire to be sensitive to the property's history and explained why they were seeking the HA Overlay Zone. There were no adverse comments by the HRAB and, after consideration, approval of this rezoning application was recommended. The HRAB is in support of the submitted proffers and finds limiting the uses of the B2 Zoning District appropriate, as proffered. Permitted uses wouldbe limited to the following: health services; legal services; engineering, accounting, research, management and related services; general business offices; public buildings; and residential uses accessory to allowed business uses. Members felt that the applicants were making a concerted effort to preserve the integrity of the site and commended them on their initiative to apply for the HA Overlay Zone. The HRAB looks forward to reviewing any future proposals from the applicant. Please do not hesitate to contact me if you have any questions regarding the formal comment from the Historic Resources Advisory Board. Sincerely Rebecca Ragsdale Planner I RAWch cc: Missionary Servants of the Most Holy "Trinity 107 North hent Street • Winchester, Virginia 22601-5000 55 7 9 a SAIEET RA 55 7 1 pq Location Map For: RA 444 A R7 RA R �" RA Jordans Springs SAMEEa RA RA T — meq, RI a...- ._- RA 55 7 R� R (County Court �4�jRA '. W1 r , �' Reporters, Inc.) RA RP ; RA RA,� �•� ''9 '9 R9 RA RP � PIN. 4 RA s ,sv RA RA RA t RP RA JA - A - 294 RA i Dept. of Planning and Development, 11/01, Agray REZONING REQUEST PROFFER P ar cel Identikation Numbers 44-((A j-2-94 Stonewall Magisterial District Pursuant to Section 15.2-2296 et. Sea., of the code of Virginia, 1950, as amended, and the provision 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 10-01 for the rezoning of 10.33 (+/-) acres from RA (Rural Area District) to B-2 (Business General District) with a Historic Area Overlay Zone (HA), the undersigned applicant will adhere to the proffer conditions noted below. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be withdrawn and have no effect whatsoever. The undersigned, that owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.33 (+/-) acres the undersigned will: Transportation Conduct detailed traffic studies and analyses at the site planning stage for the 10.33+ (+/-) acres in accord with the Virginia Department of Transportation (VDOT) standards. Provide necessary right-of-way along Route 664 for road improvements. All entrances shall be constructed in accord with VDOT standards. Allowed Uses Limit the allowed uses to: Health Services Legal Services Engineering, accounting, research, management and related services General business offices Public buildings Residential uses which are accessory to allowed business uses OCT -10-2001 10:25 TEI WINC The conditions proffered above shall be binding apon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frede.ricic County Board of Supervisors grants said rezoning and accepts those conditions; the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, PROPERTY OWNER Mis 'onar Servant of th Most Holy Trinity (signature) By - Jordan Baxter, S.T. (printedriame) 10/10/01 ,„(date) STATE OF MARVLAPID , AT LARGE MONTGOMERY COUNTY, To -wit: The foregoing instrument was acknowledged before me this 10 day of October , 20 01 by Mary Jo Konieczka My commission expires Notary Public July 1, 2005 P.07 TOTAL P.O? IMPACT ANALYSIS STATEMENT A PROPOSED REZONING For PARCEL ID 44-((A))-294 Stonewall Magisterial District Frederick County, Virginia September 2001 Prepared For: County Court Reporters, Inc - Purchasers Missionary Servants of the Most Holy Trinity - Owners Prepared By: Triad Engineering, Inc. 200 Aviation Drive PO Box 2397 Winchester, Virginia 22604 540.667.9300 - Phone 540.667.2260 — Fax off ce a,triad-winc.com www.triadeng.com Impact Analysis Statement Jordan Springs Table of Contents 1 Introduction _........... 2 Site Suitability...... .......... ........................................................ —.2.1 100 Year Flood Plain.............................................................................. 1 2.2 Wetlands................................................................................................ 1 2_3 Steep Slopes.......................................................................................... 1 2.4 Mature Woodlands................................................................................. 1 2.5 Soils....................................................................................................... 1 2.6 Comprehensive Planning....................................................................... 1 3 Surrounding Properties................................................................................. 1 3.1 Nuisance Factors 4 Traffic ......................................... 5 Sewage Conveyance and Treatment............................................................ 2 6 Water Supply................................................................................................. 2 7 Drainage ..................... 8 Solid Waste Disposal Facilities......................................................................2 9 Historic Sites and Structures......................................................................... 2 10 Impact On Community Facilities................................................................ 2 10.1 Education............................................................................................... 2 10.2 Emergency Services.............................................................................. 3 10.3 Parks and Recreation............................................................................. 3 Impact Analysis Statement Jordan Springs 1 INTRODUCTION The subject parcels contain a total of 10.33 (+/-) acres. The property is located on the West Side of Jordan Springs Road (VA Route 664) approximately 4.5 miles notiheast of the City of Winchester, VA. The property is currently zoned RA (Rural Areas District) with limiting non -conforming rights, and the owner and purchaser desire to change the zoning to B-2 (Business General District) with a HA (Historic District Overlay). The intended purpose of this zoning is to allow of the continuation of the use, preserve the existing structures and to provide for office space for County Court Reportors, Inc. 2 SITE SUITABILITY The site is very well suited for limited development of the existing structures with restoration and preservation measures. The existing structures have been used for more intense uses than the proposed use. 2.1 100 YEAR FLOOD PLAIN A portion of the property is located within Zone A (100 -year flood plain) along Hiatt Run. The existing structures are located outside of Zone A. No development is planned that would impact the existing flood plain of Hiatt Run. Map 5100630110B 2.2 WETLANDS There are no observed wetlands within the boundaries of the parcel. Additionally, there is no observed hydrophilic flora that might suggest the potential for wetland reclassification. 2.3 STEEP SLOPES The site contains steep slopes to the southeast of the main existing structure. 2.4 MATURE WOODLANDS The site contains trees and woodland areas. 2.5 SOILS There are no critical soil areas identified on the site. 2.6 COMPREHENSIVE PLANNING The property is outside of the Urban Development Area. 3 SURROUNDING PROPERTIES The property to be zoned is bordered on all sides by land owned by the Missionary Servants of the Most Holy Trinity and is vacant undeveloped land. Properties adjoining the entire parcel owned by the Missionary Servants of the Most Holy Trinity are either vacant undeveloped or residential (large lot) properties. Page 1 Impact Analysis Statement Jordan Springs 3.1 NUISANCE FACTORS There are no anticipated nuisance factors inappropriate to the zoning. No air or water pollution sources will be generated, and the noise potential is not expected to reach the 75 dBa threshold for nuisance as noted in the Frederick County Zoning Ordinance 165-35-(H). There are no anticipated residential impacts. 4 TRAFFIC The parcel has approximately 500+/- of frontage to Route 664, Jordan Springs Road. The average two-way weekday 24-hour volume for 25 employees is 91 vehicle trips with 12/2 and 2/11 (enter/exit) during AM and PM peak hours. See attached Trip Generation Calculations. 5 SEWAGE CONVEYANCE AND TREATMENT The property is served by Department of Environmental Quality (DEQ) permit VA0029653. A copy is attached for review. The proposed use of County Court Reporters, Inc. is within the limits of the permit. 6 WATER SUPPLY A private provides water supply well. 7 DRAINAGE The site has no identified drainage problems. The property slopes from the northwest to the southeast. No increase in storm water runoff can be expected with development of the property since no new structures or parking areas are anticipated. 8 SOLID WASTE DISPOSAL FACILITIES No additional solid waste disposal facilities will be required for the proposed rezoning. 9 HISTORIC SITES AND STRUCTURES The site is eligible to meet the criteria for listing on the Virginia Landmarks Register and the National Register. The site is identified as 34-110 in the Frederick County inventory of sites. See attached information. 10 IMPACT ON COMMUNITY FACILITIES This rezoning request is to change from RA (Rural Area District) with allowed non -conforming rights to conduct certain uses to B-2 (Business General District) with HA overlay. There are anticipated to be no significant impacts to community facilities. 10.1 EDUCATION No impacts to education facilities are anticipated. Page 2 Impact Analysis Statement Jordan Springs 10.2 EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriff's Department. The nearest fire and rescue facility is Clearbrook. No additional police, fire, or rescue facilities will be required due to the rezoning. 10.3 PARKS AND RECREATION No impacts to parks and recreation facilities are anticipated. Page 3 IMPACT ANALYSIS STATEMENT Traffic Analysis Summary County Court Reporters at Jordan Springs Summary of Trip Generation Rates For 25 Employees of Single Tenant Office Building October 10, 2001 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Avg. Trip Rate Min. Trip Rate Max. Trip Rate Std. Dev. No. of Studies Avg. Weekday 2 -Way Volume 3.62 2.09 7.61 2.41 14 7-9 AM Peak Hour Enter 0.46 0.24 0.90 0.00 0 7-9 AM Peak Hour Exit 0.06 0.03 0.11 0.00 0 7-9 AM Peak Hour Total 0.52 0.27 1.01 0.74 37 4-6 PM Peak Hour Enter 0.08 0.04 0.16 0.00 0 4-6 PM Peak Hour Exit 0.43 0.25 0.92 0.00 0 4-6 PM Peak Hour Total 0.50 0.29 1.08 0.72 37 AM Pk Hr, Generator, Enter 0.46 0.24 0.90 0.00 0 AM Pk Hr, Generator, Exit 0.06 0.03 0.11 0.00 0 AM Pk Hr, Generator, Total 0.52 0.27 1.01 0.74 37 PM Pk Hr, Generator, Enter 0.08 0.04 0.16 0.00 0 PM Pk Hr, Generator, Exit 0.43 0.25 0.92 0.00 0 PM Pk Hr, Generator, Total 0.50 0.29 1.08 0.72 37 Saturday 2 -Way Volume 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Enter 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Exit 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Total 0.00 0.00 0.00 0.00 0 Sunday 2 -Way Volume 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Enter 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Exit 0.00 0.00 0.00' 0.00 0 Sunday Peak Hour Total 0.00 0.00 0.00 0.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Trip Generation Calculation For 25 Employees of Single Tenant Office Building October 10, 2001 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2 -Way Volume 3.62 2.41 1.00 91 7-9 AM Peak Hour Enter 0.46 0.00 1.00 12 7-9 AM Peak Hour Exit 0.06 0.00 1.00 2 7-9 AM Peak Hour Total 0.52 0.74 1.00 13 4-6 PM Peak Hour Enter 0.08 0.00 1.00 2 4-6 PM Peak Hour Exit 0.43 0.00 1.00 11 4-6 PM Peak Hour Total 0.50 0.72 1.00 13 Saturday 2 -Way Volume 0.00 0.00 1.00 0 Saturday Peak Hour Enter 0.00 0.00 1.00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 Saturday Peak Hour Total 0.00 0.00 1.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Average Vehicle Trip Generation For 25 Employees of Single Tenant Office Building October 10, 2001 24 Hour Two -Way Volume Average Weekday 91 Saturday Sunday 7-9 AM Pk Hour Enter Exit 4-6 PM Pk Hour Enter Exit 12 2 2 11 24 hour Peak Hour Two -Way Volume Enter Exit 0 0 0 0 0 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Trip Generation Rates For 17 Employees of Single Tenant Office Building October 10, 2001 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Avg. Trip Rate Min. Trip Rate Max. Trip Rate Std. Dev. • No. of Studies Avg. Weekday 2 -Way Volume 3.62 2.09 7.61 2.41 14 7-9 AM Peak Hour Enter 0.46 0.24 0.90 0.00 0 7-9 AM Peak Hour Exit 0.06 0.03 0.11 0.00 0 7-9 AM Peak Hour Total 0.52 0.27 1.01 0.74 37 4-6 PM Peak Hour Enter 0.08 0.04 0.16 0.00 0 4-6 PM Peak Hour Exit 0.43 0.25 0.92 0.00 0 4-6 PM Peak Hour Total 0.50 0.29 1.08 0.72 37 AM Pk Hr, Generator, Enter 0.46 0.24 0.90 0.00 0 AM Pk Hr, Generator, Exit 0.06 0.03 0.11 0.00 0 AM Pk Hr, Generator, Total 0.52 0.27 1.01 0.74 37 PM Pk Hr, Generator, Enter 0.08 0.04 0.16 0.00 0 PM Pk Hr, Generator, Exit 0.43 0.25 0.92 0.00 0 PM Pk Hr, Generator, Total 0.50 0.29 1.08 0.72 37 Saturday 2 -Way Volume 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Enter 0.00 0.0G, 0.00 0.00 0 Saturday Peak Hour Exit 0.00 0.00 0.00 0.00 0 Saturday Peak Hour Total 0.00 0.00 0.00 0.00 0 Sunday 2 -Way Volume 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Enter 0.00 0.00 0.00 0.00 0 Sunday Peak Hour Exit 0.00 0.00 0.00 0.00 0 Sunday Peak.Hour Total 0.00 0.00 0.00 0.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan.Springs Summary of Trip Generation Calculation For 17 Employees of Single Tenant Office Building October 10, 2001 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2 -Way Volume 3.62 2.41 1.00 62 7-9 AM Peak Hour Enter 0.46 0.00 1.00 8 7-9 AM Peak Hour Exit 0.06 0.00 1.00 1 7-9 AM Peak Hour Total 0.52 0.74 1.00 9 4-6 PM Peak Hour Enter 0.08 0.00 1.00 1 4-6 PM Peak Hour Exit 0.43 0.00 1.00 7 4-6 PM Peak Hour Total 0.50 0.72 1.00 9 Saturday 2 -Way Volume 0.00 0.00 1.00 0 Saturday Peak Hour Enter 0.00 0.00 1.00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 Saturday Peak Hour Total 0.00 0.00 1.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS County Court Reporters at Jordan Springs Summary of Average Vehicle Trip Generation For 17 Employees of Single Tenant Office Building October 10, 2001 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP'GENERATION BY MICROTRANS 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour Two -Way Volume Enter Exit Enter Exit Average Weekday 62 8 1 1 7 24 hour Peak Hour Two -Way Volume Enter Exit Saturday 0 0 0 Sunday 0 0 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP'GENERATION BY MICROTRANS IMPACT ANALYSIS STATEMENT Sewage Conveyance and Treatment UU/U!/U1 V l 11:4Z FAX 5404345841 'Iriaa uarrlsonourg LJLJ V„,- r OMMOC NWEAL 'H of VIRGINIA DEPARTMENT OF ENVIRONMEMAL QUALITY Permit No. VA0029653 Effective Date: June 30, 1997 Expiration Date: June 30, 2002 AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM THE VIRGINIA STATE WATER CONTROL LAW In compliance with the provisions of the Clean Water Act as amended and pursuant to the State Water Control Law and regulations adopted pursuant thereto, the following owner is authorized to discharge in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in this permit. Owner: Shalom st Benedictus, Inc. Facility Name: Shalom et Benedictus STP City: Stephenson County: Frederick Facility Location: East of Rt. 664, 0.4 mile north of Rt. 664 X 660 The owner is authorized to discharge to the following receiving stream: Stream: Lick Run River Basin: Potomac River Subbasin Potomac Section: 11 Class: IV Special Standards: pH The authorized discharge shall he in accordance with this cover page, Part, I - Effluent Limitations and Monitoring Requirements, and Part II - Conditions Applicable To All VPDES Permits, as set forth herein. u-Lreccor, uep9mrmen[ or tmvironmencal uuali;-y ane /6, /997 Date Permit W. VA0029653 Page 1 of 8 PART I A. 1NUIM UTUJ M LIMITATIUS AAD MD<IITCRING REQUIREMENTS 1. Mpg the period boming with the pe"t's effective date and lasting (rltil the cconercerent of disdharge fron the upgraded facility in accordance with the Scuedile of Carpliance in Part I.C., the permittee is authorized to discharge from outfall serial amber 001. Such discharges shall be limited and monitored by the permittee as specified below: EFFLt.ENT IIiAWAMrSTI6 DISMU LIMITATIONS tti cy Average Weekly Ay -aoP Flow (KD)' N- NA pH (standard units) M NA BOOS 30 mg/l 0.8 kg/d 45 mg/l 1.2 kg/d Suspaided Solids 78 rrg/l 2.1 kg/d 117 mg/l 3.1 kg/d Total Pesidual Chlorine (TRC) (mg/l)' NL - No Limitation, monitoring required M - Not Pfplicable 2. The desigh flow of this treatnmt facility is 0.007 KD. I See Part I.B. for TRC limitations. 4. T1ere shall be no discharge of floating solids or visible foam in other than trace aunts. 0.3011N� _.- On M NL 1/Day Estimate 6.5 9.5 May Grab NA NA 1MMth Grab NA N0. lhbnth Grab NA M 1/[1ay Grab Permit ND. VAM29653 Page 2 of 8 PART I A. FINAL EFFLLEM LIMITATIUIS AND KINITCRI% Rl3><)1RMMS 1. Upon avmhaicerent of discharge fran the upgraded facility, the following effluent limitations and oWtoring re#iirernnts shall bernre effective at atfall serial r nber 001 and raisin in Affect until the permit's e�piraticn date. Sufi dlsdiaM Shall be limped and altaW 4Y tt►e permittee as specified belay, N_ - No Limitation, nmitoring required N0. - tit Appl icabl e 2. The design flow of this treatwt facility is 0,001 KD. 3, See Part I.8. for X 1IMitations, 4. See Part I.D. for additional nmitoring instnictions. 5. There shall be no discharge of floating solids or visible foam in othw. than trace wants. Mt 01Y Average piSGOR E LIMITATIONS Weeklv Average liinimm l KIN11MING Elul KWIC sple Tvoe flow (KD)2 N_ N0. N0. NL 1/Day Estimate FH (standard units) M NA 6.5 9.5 1/Day Grab (KO� (June - Renter) 16 mill 0.42 kg/d 24 ag/l 0.64 kg/d N4 N0. 1/h3th Grab W» (Dexter -lily) 25 trg/l 0.65 kg/d 40 ng/1 1.06 kg/d NA N4 1/Mbnth Crab Suspanded Solids 30 ng/l 0.8 kg/d 45 ng/l 1.2 kg/d NA NA i tnth Grab Total Resid.al Chlorine (TRI;) (oWl)' M NA N4 NA IMV Grab Amonia-N (June - Noverber)' 1.8 Pg/1 0.05 kg/d NA NA 1.8 ng/1 0.05 k9/d 1ftnth Grab Amrnia-N (Decerber - Mdy)' 2.9 ng/l 0.08 kg/d NA NA 2.9 ffg/l 0.08 kg/d 1/Mbnth Grab Dissolved D*xm (mg/1) NA NA 5.0 N4 May Grab N_ - No Limitation, nmitoring required N0. - tit Appl icabl e 2. The design flow of this treatwt facility is 0,001 KD. 3, See Part I.8. for X 1IMitations, 4. See Part I.D. for additional nmitoring instnictions. 5. There shall be no discharge of floating solids or visible foam in othw. than trace wants. 09/07/01 F'R1 11:43 FAX 5404345841 Triad Harrisonburg zrmit No. VA0029653 Part I Page 3 of 8 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOTAL RESIDUAL. CHLORINE (TRC) - ADDITIONAL INSTRUCTIONS 1-' a. No more than 3 of all samples for TRC taken after the chlorine contact tank and prior to dechlorination shall be less than 1.0 mg/1 for any one calendar month. b. No TRC sample collected prior to dechlorination shall be less than 0.6 mg/l. C. These TRC concentrations may be lowered where the permittee has demonstrated adequate disinfection. 2. Tlie TRC concentration in the final effluent after dechlorination from this facility shall be non-detectable. This TRC concentration shall be measured using one of the following procedures: a. DPD Titration b. DPD Colorimetric C. Iodate Back Titration (Starch) d. Amperometric Direct Titration e. Any proven and EPA accepted method that can reach an equal level of detection. 3. When the TRC concentration in the final effluent results in a detectable measurement, the permittee shall take immediate steps to achieve a non-detectable TRC concentration. Where the TRC concentration is within the limit of B.4., the permittee shall also take up to two additional grab samples within one hour of the original sample_ The first of these additional samples shall be taken within 45 minutes after the original sample. Should this TRC sample measurement indicate a non-detectable concentration, then the original sample shall be considered as being in compliance with the permit limit in B.2. Should this TRC sample measurement indicate a detectable concentration within the limit of B.4., then a second additional sample shall be taken within 15 minutes after the first additional sample, but within one hour of the original sample. If the second of these additional sample measurements indicates a non-detectable TRC concentration, then the original and the first additional sample shall be considered as being in compliance with the permit limitation in B.2. Should this second additional sample measurement indicate a detectable TRC concentration, then the original sample will be considered as exceeding the permit limitation in B.2. Should more than one sample be collected, only the original sample shall be considered for permit violation. The permittee shall report all results of the above monitoring scheme with the monthly Discharge Monitoring Report (DMR). 4. The instantaneous maximum TRC concentration in the final effluent shall not exceed 1.0 mg/l. 09/07/01 FRI 11:43 FAX 5404345841 Triad Harrisonburg LL7j uub . ermit No. VA0029653 Part I Page 4 of 8 5. The permittee shall operate the dechlorination facilities in a manner which will ensure continuous compliance with the TRC concentration in B.2., but not to the extent that will result in violations of other permitted effluent characteristics or the Water Quality Standards. 6. If an alternative to chlorination as a disinfection method is chosen, the Fecal Coliform parameter shall be limited and monitored by the permittee as specified below: Discharge limitations Monitoring Requirements MonthlyAve. Frequency Sample Type Fecal Coliform 200 1/Week Grab (n/100 ml) (Geometric Mean) Between 10 a -m. and 4 p.m. The above requirements, if applicable, shall substitute for the TRC requirements delineated in B.1-4. 09/07/01 FRI 11:43 FAX 5404345841 Triad Harrisonburg . �rmit No. VA0029653 Part I Page 5 of 8 C. SCHEDULE OF COMPLIANCE The permittee shall achieve compliance with the final limits and monitoring requirements specified in Part I.A., Page 2, of this permit in accordance with the following schedule: 1. Submit proposed plan for Within 90 days after the effective date of this achievement of compliance permit WjUUI 2. Report of progress By January 10, 1998, and quarterly thereafter (by the tenth of January, April, July, and October) until compliance with Item 3. 3. Achieve compliance with final Within 4 years after the effective date of this limits permit No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit to the DEQ Valley Regional Office either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement, U.`f/ V!/ Vl rill 11.44 VAA 04U4J43841 lI'1dV, ridf-I"1JUllUui-!5 �� r ermit No. VA0029653 Part I Page 6 of 8 D. EFFLUENT LIIVIITATIONS AND MONITORING REQUIREMENTS FOR TOXIC POLLUTANTS - ADDITIONAL INSTRUCTIONS The Quantification Level for Ammonia -N shall be 0.2 mg/l. 2. Compliance a. Monthly Average Limit Compliance with the monthly average limitations for Arnmonia-N shall be determined as follows: All data below the specified quantification level (QL) shall be treated as zero. All data equal to or above the QL shall be treated as it is reported. An arithmetic average shall be calculated using all reported data, including the defined zeros. This arithmetic average shall be reported on the DMR and compared to the monthly average limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR. "NQ" means not quantifiable at the level required by this permit. b. Daily Maximum Limit Compliance with the daily maximum limitations for Ammonia -N shall be determined as follows: The highest single value of data that is equal to or above the QL shall be reported on the DMR and compared to the daily maximum limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR. "NQ" means not quantifiable at the level required by this permit U9/U/U1 YXI 11:99 FAX 5404345841 Tr1aa HarrlsonDurg E. OTHER REQUIREMENTS AND SPECIAL CONDITIONS rermit No. VA0029653 Part I Page 7 of 8 95% Capacity Reopener -- A written notice and a plan of action for ensuring continued compliance with the terms of this permit shall be submitted to: Department of Environmental Quality Valley Regional Office P.O. Box 1129 Harrisonburg, Virginia 22801 When the monthly average flow influent to the sewage treatment plant reaches 95 percent of the design capacity authorized in this permit for each month of any three consecutive month period. The written notice shall be submitted within 30 days and the plan of action shall be received at the Valley Regional Office no later than 90 days from the third consecutive month for which the flow reached 95 percent of the design capacity. The plan shall include the necessary steps and a prompt schedule of implementation for controlling any current or reasonably anticipated problem resulting from high influent flows. Failure to submit an adequate plan in a timely manner shall be deemed a violation of this permit. 2. Indirect Dischargers — The permittee shall provide adequate notice to DEQ, Valley Regional Office, of the following: EL Any new introduction of pollutants into the treatment works from an indirect discharger which would be subject to Section 301 or 306 of the Clean Water Act and the State Water Control Law if it were directly discharging those pollutants; and b. Any substantial change in the volume or character of pollutants being introduced into the treatment works by a source introducing pollutants into the treatment works at the time of issuance of this permit. Adequate notice shall include information on 1) the quality and quantity of effluent introduced into the treatment works, and 2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the treatment works. 3. CTC, CTO, O & M Manual Requirements -- The permittee, in accordance with the Sewerage Regulations, shall obtain a Certificate to Construct (CTC) and a Certificate to Operate (CTO) from the DEQ prior to constructing wastewater treatment facilities an d operating the facilities respectively. *I UUa 09/07/01 FRI 11:44 FAX 5404345841 Triad Harrisonburg C. Ulu I-ermit No. VA0029653 Part I Page 8 of 8 Prior to the completion of construction, the permittee shall submit for approval a revised Operations and Maintenance (O & M) Manual to the Valley Regional_ Office_ Also, any significant changes to the facilities must be addressed by the submittal of a revised O & M Manual within 90 days of the changes. Noncompliance with the CTC, CTO, or O & M Manual shall be deemed a violation of the permit. 4. Licensed Operator Requirement — No later than the discharge date of the upgraded facility, the permittee shall employ or contract for this facility a Class IV operator whose wastewater license is current and valid. The license shall be issued in accordance with Title 54.1 of the code of virginia and the regulations of the Board for Waterworks and Wastewater Works Operators. The permittee shall notify DEQ -Valley Regional Office in writing whenever he is not complying, or has grounds for anticipating he will not comply with the requirement. the notification shall include a statement of reasons and a prompt schedule for achieving compliance. S. SMP Requirement -- The permittee shall conduct all biosolids use and disposal activities in accordance with the approved Sludge Management Plan. Any proposed changes in the biasolids use and disposal practices or procedures followed by the Permittee shall be documented and submitted for DEQ and Virginia Department of Health approval 90 days prior to the effective date of the changes. Upon approval of the subrnitted changes, the revised Sludge Management Plan becomes an enforceable part of the permit. 09/07/01 FRI 11:45 FAX 5404345841 Triad Harrisonburg WiUII Pem>..4b. 4'A0029653 Part lI Page 1 of 11 CONDITIONS APPLICABLE TO ALL VPDES PERMITS 1. Samples and measurements taken as required by this permit shall be representative of the monitored activity. 2. Monitoring shall be conducted according to procedures approved under Title 40 Code of Federal Regulations Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit. 3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will insure accuracy of measurements. L-1001111 �7M 1. Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; C. The date(s) and time(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the Board. 1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit, Monitoring results shall be submitted to: 09/07/01 FRI 11:45 FAX 5404345841 Triad Harrisonburg Lgj U I Z Perms. No. V A0029653 Part II Page 2 of 11 Department of Environmental Quality Malley Regional Office 4411 Early Road P.O. Box 1129 Harrisonburg, Virginia 22801 2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the Department. 3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under Title 40 of the Code of Federal Regulations Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the Department. 4. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit. � -. . ter. W ra M, • •�� . . �.. The permittee shall furnish to the Department, within a reasonable time, any information which the Board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Board may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of State waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the Department upon request, copies of records required to be kept by this permit. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date_ Except in compliance with this permit, or another permit issued by the Board, it shall be unlawful fcvr any person to: 1. Discharge into State waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or Va/V!/V1 rxl 11. 10 rhA b4Q434bb41 "1r1aa narrisonourg W-jV1J Perm,.. o. Vr:0029653 Part H Page 3 of 11 2. Otherwise alter the physical, chemical or biological properties of such State waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses. G. R6 o —of Tlaau o'nLedjLighar= Any permittee who discharges or causes or allows a discharge of sewage industrial waste, other wastes or any noxious or deleterious substance into or upon State waters in violation of Part II.F.; or who discharges or causes or allows a discharge that may reasonably be expected to enter State waters in violation of Part H.F., shall notify the Department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the Department, within five days of discovery bf the discharge. The written report shall contain: 1. A description of the nature and location of the discharge; 2. The cause of the discharge; 3. The date on which the discharge occurred; 4. The length of time that the discharge continued; 5. The volume of the discharge; 6. If the discharge is continuing, how long it is expected to continue; 7. If the discharge is continuing, what the expected total volume of the discharge will be; and 8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit. Discharges reportable to the Department under the immediate reporting requirements of other regulations are exempted from this requirement If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter State waters, the permittee shall promptly notify, in no case later than 24 hours, the Department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse affects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the Department within five days of discovery of the discharge in accordance with Part 1112. Unusual and extraordinary discharges include but are not limited to any discharge resulting from: 1. Unusual spillage of materials resulting directly or indirectly from processing operations; 2. Breakdown of processing or accessory equipment; U9/U//U1 rxt 11:40 hAX 5404345541 'lrlau ttarrlsonourS Perna,. No. `zlA0029653 Part II Page 4 of 11 3. Failure or taking out of service some or all of the treatment works; and 4. Flooding or other acts of nature. The permittee shall report any noncompliance which may adversely affect State waters or may endanger public health. 1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information which shall be reported within 24 hours under this paragraph: a. Any unanticipated bypass; and b. Any upset which causes a discharge to surface waters. 2. A written report shall be submitted within 5 days and shall contain: a. A description of the noncompliance and its cause; b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and q' -j V L Y C. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Board may waive the written report on a case-by-case basis for reports of noncompliance under Part II.I. if the oral report has been received within 24 hours and no adverse impact on State waters has been reported. 3. The permittee shall report all instances of noncompliance not reported under Parts HI 1 - or 2., in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part II.I.2. NOTE: The immediate (within 24 hours) reports required in Parts II. G, H and I may be made to the Department's Valley Regional Office at (540) 574-7800 or (540) 574-7878 (fax). For reports outside normal working hours, Ieave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Services maintains a 24 hour telephone service at 1-800468-8892. 1. The permittee shall give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility. Notioe is required only when: 09/07/01 FRI 11:47 FAX 5404345841 Triad Harrisonburg C u15 Perm: ,o. VA0029653 Part lI Page 5 of 11 a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced: (1) After promulgation of standards of performance under Section 306 of the Clean Water Act which are applicable to such source; or (2) After proposal of standards of performance in accordance with Section 306 of the Clean Water Act which are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within 120 days of their proposal; b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or C. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan - 2. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 1. Applications. All permit applications shall be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision -malting functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding S25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or 09/07/01 FR1 11:47 FAX 5404345841 Triad Harrisonburg tom/ UIb Pen..a No. NA0029653 Part II Page 6 of 11 b. For a partnership or sole proprietorship. by a general partner or the proprietor, respectively: or c- For a municipality, State, Federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes; (i) The chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. 2. Reports, etc. All reports required by permits, and other information requested by the Board shall be signed by a person described in Part RX L, or by a duly authorized representative of that person. A person is a duly authorized representative only if: a. The authorization is made in writing by a person described in Part 11X.1.; b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and C. The written authorization is submitted to the Department_ 3. Changes to authorization. If an authorization under Part II.K.2. is no longer accurate because a ifferent individual or position has responsibility for tize overall operation of the facility, a new authorization satisfying the requirements of Part II.K.2. shall be submitted to the Department prior to or together with any reports, or information to be signed by an authorized representative. 4. Certification. Any person signing a document under Parts II.K.1. or 2. shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are 09io7iul rxi 11:4r FAX 5404345841 Trlaa Harrisonourg LFJ UI Pen,..c No. VA0029653 Part II Page 7 of 11 significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under Section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit. All permittees with a currently effective permit shall submit a new application at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted by the Board. The Board shall not grant permission for applications to be submitted later than the expiration date of the existing permit. This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of Federal, State or local law or regulations. O. State Lgw Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any other State law or regulation or under authority preserved by Section 51 O of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part I1.U.), and "upset" (Part II.V.) nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance. uaiuviui rxl ii: 46 FAX 5404345841 Triad HarrisonDurB L+V10 Perm,. ,No. V A0029653 Part 11 Page 8 of 1 I P. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Sections 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law. • ► �J• C • ! 1 ► I ►/ The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate Iaboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit. y.. • . . .• Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering State waters. S. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. T. Need to Halt odleduce Activity not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. U. Bypas� 1. 'Bypass" means the intentional diversion of waste streams from any portion of a treattxient facility. The permittee may allow any bypass to occur which does not cause e$ltuent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Parts H.U. 2. and U.3. 09/07/01 FRI 11:48 FAX 5404345841 Triad Harrisonburg WJ Vly Perm,. No. VA0029653 Part lI Page 9 of 11 2. Notice a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible at least ten days before the date of the bypass. b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part 111 3. Prohibition of bypass a. Bypass is prohibited, and the Board may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted notices as required under Part H.U.2. b. The Board may approve an anticipated bypass, after considering its adverse effects, if the Board determines that it will meet the three conditions listed above in Part II.U.3.a. V. j]pset 1. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of Part II -V.2. are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review. 2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, tbr,ough properly signed, contemporaneous operating logs, or other relevant evidence that: — — I — ..�j �i — rnA 04V4043041 1i -16u rlcti-I 'LOUllULLl'6 Pcrmi, No. VA0029653 Part lI Page 10 of 11 a- An upset occurred and that the permittee can identify the cause(s) of the upset; b• The permitted facility was at the time being properly operated; C. The permittee submitted notice of the upset as required in Part,H.I.; and d. The permittee complied with any remedial measures required under Part U.S. 3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. The permittee shall allow the Director, or an authorized representative, upon presentation of credentials and other documents as may be required by law, to: 1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; 3. Inspect at reasonable times any facilities, equipment (including monitoring and control eguiprnent), practices, or operations regulated or required under this permit; and 4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any location For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency. Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 09/07/01 FRI 11:49 FAX 5404345841 Triad Harrisonburg 4/1uzi Pem'.. No. VA0029653 Part II Page 11 of 11 �� - • ' - ter - 1. Permits are not transferable to any person except after notice to the Department. Except as provided in Part H.Y.2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and the Clean Water Act. 2. As an alternative to transfers under Part MY. I., this permit may be automatically transferred to a new permittee if. a. The current permittee notifies the Department at least 30 days in advance of the proposed transfer of the title to the facility or property; b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and C. The Board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part 11Y.2.b. The Provisions of this permit are severable, and if any provision of this permit or the application of any Provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. IMPACT ANALYSIS STATEMENT Historic Landmarks Survey Data THE INTERIOR U1v15iliIV car MINERAL F L SURVEY } / 7 5362 I SE 7NWOG� 9 M1:I•�! EL,� 750 �` EUNK E6' HILL eW.. 751 5' S2 153 (INWCOD) �-, SN pit a Bm 61877 633 (83b?::,C. �b to Fre—yep/ r4�. I`.�^'�• —� l� vo � / . �• ~ ��`~✓ J \ �� / 557 /Trailer -�} J �~ `.. / ��; Park I ' HO f� ; t ` • 506 [. 602 / / t .� ( ,` Emmanuel Stephenson >/ 'r. • J • `` `\ ; } ` '� ,. N l railer - '`- ;: • r Park •` 575' ,.•; � -/� 1761,- _ / . : •\' � • . - p =_ i66 �673 SIt, ina `-r- - _ _ l; •`ti! �� 'i� =ems 6676 4 �• } •.~ •�,1 w Ep- 019/ 0 5201 n Se n _ S - = c9 E:�: � Com, tle © \ \ v �' �O 6060 \� �'" 9 \ olo �` �� i cam. ,� •'• � ,'�_.. r �_ �'-'--��_:J _ _ \• g _ _ �\ 1 fiord ` O _ J ;�' • .0 `r, ter% r; , ^�� // \ Burnt jen. artrnenr . istortc J?esource s --X. 6.04 2ZE-4,261 October -16. 1993 Shalom et Benedictus P. O. Box 8 Stephenson VA 2656 RE: Sulphur Spring Spa (Jordan Spring), Frederick County (DHR Ns 34-110) Dear Sir: At its October 19 meeting. the State Review Board determined that the Sulphur Spring Spa, also known as Jordan Spring, appears to meet the criteria for listing on the Virginia Landmarks Register and the National Register of Historic Places. The board concurs with the Department staff that this property appears to be eligible at the regional level for significance in the area of architecture and recreation. The staff of the Department of Historic Resources does not plan to prepare the national register nomination which is the required next step in the registration process, as our work program is fully scheduled for the remainder of the year and we normally limit our preparation of nominations to those properties for which the Department is accepting an easement. If you are interested in pursuing registration, I would recommend hiring a consultant or preparing the nomination yourself. I would be happy to assist someone with the preparation and upon request will send you a list of consultants and materials necessary to complete the nomination. Thank you for your interest in the register program. Should you have any questions or concerns regarding the registration process, please do not hesitate to contact me. Sincerely, James Christian Hill National Register Assistant REGLST :VALUATION MATING SM ET �41/2 o1 F PROPERTY NAiI� DATE RA'Z'ED COUNTY /CITY IHR File moo. NR CRITERIA 1. DHR Tsiemejs: A�-C/T�� / Evaluated Under: Critex ion A Criter-ion B _ 2. NRNP Property Typeis: Critex-ion C f� T Criterion D 3. Resource Typeis: L472Z ,,�826 b► Q Criteria Exceptions: 4. Periodis of Significance: %e 74 5. Areals of Significance: A Q fir/ / 7'r,- 2_77Uf, Adequacy of Existing Survey: ASSIGNMENT OF BASIC POINTS 1. Level of Significance 1 2 3 0 Local, Regional, State, National 5 3 0 10 is 2 3 0 1 2 2. Rarity of Property/Resource Type 0 1 2 3 4 5 6 7O 8 3. Quality and/or Rarity of Design and Workmanship 0 1 2 3 5 6 7 8 4. Integrity 0 1 2 3 4 O 6 7 8 5. Landscape Features 1 2 3 4 6. Contemtal Integrity: (a) General Surromdinp 0 1 2 3 4 (b) Immed. Sarromdings & Assoc. Resmm m 0 1 2 3 4 7. Archaeological Potential 0 1 ZO 3 4 S. Historical Significance & Associative Value 0 1 2 3 4 5 0 7 8 ASSIGNA T OF EXTRA POINTS C3 7 1. Unusually Good Representative of Type 0 1 2 3 2. Illustrates History of Ethnic & Cultural Minorities 3. Illustrates Distinctive Ways of Life Under -Represented on Register 4. Offers Exceptional Potential for Study and Interpretation ' . Visual Prominence as Landmark 6. Regional Representation on Register 0 1 2 3 0 1 2 3 0 -1. 2 3 0 1 2 3 0 1 2 3 ri 1.�--- e r Kit i'l MA his c:' • .� _-. ` ],�!F+ Yy til/r �F �t ♦. .. ��•� Sulphur Spring Spa 34-110 Interior Analysis: High Victorian newel post, identical to the one at the Richard's House 34-3 2. Although the interior has been renovated to be used as a facility for substance abuse treatment, the work could easily be removed and the original parts of the building still be there such as the original staircase, windows, fluted trim w/ bull's eye corner blocks, decorative wooden motifs above segmental windows and doors and wrought iron colonettes in some of the rooms. JN DIVISION OF I iSTORIC LANDMARKS Negativeno(s).7nn7q l()rlRn SU_EY FORM Historic name jafftEr White Sulfur Springs Common name Shalom et Benidictus, Sulfur Spring Spa County/7own/City Rural Frederick County Street address or route number Rt. 664 USGS Quad Stephenson Date or period Mid 19th Century, 1870-1890 Original owner Branch Jordan Architect/ builder/craftsmen Original use Spa -Hotel unknown Present owner Shalom Et Benidictus Source of name owners Funtowneril am Stephenson, VA Sourceufdeic architectural evidence Stories 3 Present use drug and alcohol rehabilitation Foundation and wall const'n 7 -course American bond brick Acreage center. on a split-level stone foundation. 253 acres. Roof type Hipped roof clad w/ asphalt shingle. State condition of structure and environs Excellent. State potential threats to structure None Note any archaeological interest This was the site of activity around the sulfur springs in the mid -18th century. Also, this is not the original building which was used as a hotel- there was another hi }b burned. Srou�fd be investigated for possible register potential? yes® no ❑ Is in very original condition. Architectural description (Note significant features of plan, structural system and interior and exterior decoration, taking care to point out aspects not visible or clear from photographs. Explain nature and period of all alterations and additions. List any outbuildings and their approximate ages, cemeteries, etc.) The site of the sulfur springs were recognized for their healing value by the Indians before white man settled this area of Frederick County. By 1747, Indians and white men were arguinc about who had rights to the spring. The land became part of the Littler grant and exchanged hands until 1834 when the then current owner; Branch Jordan, built a brick building on the sitE This building apparently burned as did some others which followed it. The present building whic is made of brick and stone seems to have been built in the late 19th century. It is of 7-courE American bond. It. is three -and -a -half stories on a split-level stone basement. The basement becomes a full level on the east side of the house. The building has brick piers running the entire height of the building. There are also gable dormers on the building; 3 on the front,l on the side, 2 on the rear. The building is L-shaped in plan with the rear wing being only 2k stories. The building has 2/2 light windows; segmental arches over the openings except on the 3rd story where they are flat arches. 'There are 2 doors on the entry level, front of the building which have 4 -light transoms above. The stone English basement of the building has brick segmental arches over the openings. The building has a stepped brick cornice; exposed rai ters in the eaves and some of the windows are paired. A 19 -bay wrap-around porch which is 2 levels and 2 stories is found on the front and sides of the building. The supports are chamfer( columns. There is a sawn balustrade and plain handrail and exposed rafters in the eaves of the porch roof. The rear 2 story ell which gives the Spa its L -shape appears to have been added just a little bit later than the main building. It has a central brick chimney and integral 2 -story porches.on its west side. There is a frame cabin(?) just NW of the main building. It is: 2 stories on a split-level base. ment; 3bays wide; symmetrical; has a gable roof with standing seam metal; 6/6 windows; louvere• shutters; ext. end brick chimney(unable to see the type of bond);fronted by a 3 -bay, 1 level vernacular -or^h with chamfered column supports, a plain handrail and cross -rail balustrade. Perhaps this was one of several cabins that were found on the property- ones that could be rented. The only other original outbuildings appear to be the frame shed located East of the house by the creek and the open octagonal springhouse located North of the house near the entrance to the property. It is a pergola w/ a shallow conical roof. The supports are baseles Interior inspected? doric columns. Although, some of the parts of this garden structure have surely Historical significance (Chain of title; individuals, families, events, etc., associated with the property.) modern buildings on th property. one is a 2 -story concrete block workshop located south of the main building. The oth is a 1 story brick office building located West of the train building. No, the interior was not inspected. The use of this building has changed several times since it was built. It was originally buil as a spa -hotel. The history of its ownership needs to be further researched, but briefly what occured is that it was in its peak of use in the late 19th Century when people would come by train from Baltimore, Washington, New York and Philadelphia to enjoy the water and the social life. The spa was abandoned for some years in the 20th century until it was bought by the Franklin Institute in 1950. They sold it in 1954 to the Catholic ,Murch and it was used by the Mission servants of the Holy Trinity Monastery until 1972- They did a lot of renovation to the building including replacing the swimming pool dressing rooms with a library and the ballroom with a chapel. They sold it to Shalom et Benidictus, a private, non-profit, non -denominational residential treatment community for teenagers with emotional or family -related probles, in 1972. The current owners have also done a lot of work to the building yet retained its archi- tectural integrity. This property should definitely be placed on the State and National Regist as it exemplifies an unusual building type from a "lost era". VIRGENIA Q. HISTORIC LANDMARKS COMMISSION SURVEY FORM 3w-110 Filc Numbcr 1. County Frederick 2. Historic Name Sulfur Spring Spa -fowl, Stephenson Present Name Same StreerNo. W. of 3t. 464 at Jordan nate orPeriod (exact orestimate) ea. 1843 Spring Architect ---- —__— USGS Quad Name Stephenson Builder, craftsman, etc — Source of Name Father Eric Williams Quad Date 1966 n u u Original Owner Jordan's Source of Date Original Use Health Spa - Hotel Present Owner Shalom & Benedictus Present Owner Address Father Ericl, WilliamE 3. No. st 3 (dormers count as %2 story): Box A Stephenson, Va. Wall construction Present Use AcrcaBrick/ stone Rehabilitation center g6nknown 4. Historical Significance (Chain of Title, Families and Events, etc., connected with the property) /Thjs spa was originally run and built by the Jordan's. There was a hotel on the spot by 1843, and had been used before then as a health spa. The hotel probably burnt down several times, and the present structu probably dates to the 1870's. In 1950 the Franklin Institute bought the spa and owned it until 1954 when Mission Servants of Most Holy Trinity purchased it and used it as a monastary-type place. In January 1972, Shalom and Benedictus purchased the place and are using it for drug rehabilitation center. 5. Architectural Significance (Note interesting interior and exterior details, etc., cite significant alterations and additions) This is an extremely large structure, note that it is part brick. Note detail of ornament over the windows - photograph. I could not get inside for a ground plan. 6. 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YA,� �4- --son, T tt REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff �r S3 Fee Paid....... a� Zoning Amendment Number Date Received PC Hearing Date C 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: TRIAD Engineering, Inc. Telephone: 667-9300 Address: Stephen M. Gyurisin 200 Avaition Drive, POBox2397, Winchester VA 22604 2. Property Owner (if different than above) Name: Missionary Servants of the Most Holy Trinity Telephone: 1-301-439-0333 Address: 9001 New Hampshire Ave., Silver Springy MD 20903 3. Contact person if other than above Name: Ste hen M. Gyghsin Telephone: 667-9300 Fax: 667-2260 E-mail: steve6a)triad-winc.com 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Missionary Servants of the Most Holy County Court Reporters, Inc. 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER USE Jordan Springs — Shalom et Benedictus B-2 & Historic District Overlay ZONING Adjoining Properties are zoned Rural Area (RA) and are large lot residential or vacant land uses. See complete list of adjoining property owners and address attached as part of this rezoning_ application. 8.- Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The property is located at 1160 Jordan Springs Road (Va. Sec. Route 664) Uproximately 4.5 miles northeast of the City of Winchester. VA. See attached location map. 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 of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 8. Parcel Identification/Location: Parcel Identification #: 44-((A))-294 Districts Magisterial: Stonewall High School: James Wood Fire Service: Steeewali Middle School: James Wood Rescue Service: �StgRewali Elementary School: Stonewall CC.EAkest-OK 9. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 10 RA B2 with Historic District Overlay HA 11 10 Total acreage to be rezoned 10. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed - 0 Single Family home Townhomes Non -Residential Lots Mobile Home Office Retail Restaurant Square Footage of Proposed Uses Multi -Family Hotel Rooms Facilities are existing see attached description of areas Service Station Manufacturing Warehouse Other 3 OCT -17-2801 10:24 TEI WINC P.05 11. Siguature: 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. 1(we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this applicalion is submitted must be placed at the front property line at least seven days prior to the Pla=ing Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we),hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. � r-�-�-�-L l� os Applicant(s) nate r Stephen M Gvurisin — Triad girlee ' Inc. Date 10/0812f1(?� Owner(s) Missionary Servants of the Most holy Trinity BY�i S,r_Date Address: 9001 New Hampshire Avenue, Silver Spring, MD 20903 Telephone: 301-439-0333 County Court Reporters, Inc. and Court Reporting Consultants plan to purchase the Jordan Springs property and move their corporate office to the property. Approximately seventeen (17) office employees are associated with this move. Employee growth at this location is not anticipated because of the high level of technology associated with these businesses. Following the relocation, a long-term preservation program for the Jordan Springs property is anticipated. The buildings and grounds surrounding the core complex are planned to remain unchanged except for required repairs and maintenance. Amble parking and access exist for the planned office use. The core complex of Jordan Springs consists of four major buildings: - BUILDING "A":The "hotel or main building" which consists of approximately 29,150 square feet. BUILDING "B":The "administration building" which consists of approximately 2876 square feet. - BUILDING "C":The "shop building" which consists of approximately 4840 square feet. - BUILDING "D":The "original house" which consists of approximately 1750 square feet. The approximate total square footage of Jordan Springs consists of 38, 615 square feet subdivided as follows: - Living Areas 9500 square feet, approximate. - Storage / Utility Areas 7100 square feet, approximate. - Office,/ Meeting Areas 7200 square feet, approximate. - Shop Areas 2900 square feet, approximate. - Kitchen / Dining Areas 2750 square feet, approximate. - Misc. Attic/Crawl Areas 9165 square feet, approximate. Jordan Springs has been in continuous use as a resort, hotel, seminary and drug and alcohol rehabilitation center for over 100 years. More recently, the complex has been used by the Missionary Servants of the Most Holy Trinity as a seminary, and by Shalom Et Benedictus, Inc. for alcohol and drug rehabilitation purposes. The transformation from the seminary to the rehabilitation facility occurred gradually in the late 1960's with Shalom Et Benedictus, Inc. emerging as the primary user in 1971 - 72. Shalom Et Benedictus, Inc. operated at Jordan Springs with between 30 to 50 residents and employees until late 1999. Jordan Springs has been maintained since, as a drug and alcohol rehabilitation facility by the owners. This use has not been discontinued. The owners have kept staff on board at Jordan Springs to maintain the property in its current use and condition in hopes of having another operator such as Shalom Et Benedictus, Inc. provide similar services. Currently two staff members are employed in such a capacity. J0REA,I I SPRINGS ADJOINING OWNERS PHYSICAL ID. NO. OWNER MAILING ADDRESS ADDRESS ZONING USE 362 WOODS MILL DRIVE 55-7-1 MICHAEL L. SWEET STEPHENSON, VA 22656 SAME RA RURAL WILLIAM G. III & 207 PLAZA ST. NE LICK RUN CROSSING 55-7-14 BARBARA E. MEIER LEESBURG, VA 20176 STEPHENSON, VA RA RURAL 897 WOODS MILL ROAD 55-A-133 DOROTHY L. HART STEPHENSON, VA 22656 SAME RA RURAL 44-A-292 & CRIDER & SHOCKEY, POST OFFICE BOX 2530 A-293 INC. WINCHESTER, VA 22604 RA RURAL WILLIAM M. & 1099 WOODS MILL ROAD 44-A-295 SHARON M. REXRODE STEPHENSON, VA 22656 SAME RA RURAL C/O MELODEE 1102 WOODS MILL ROAD 44-A-296 SHEPHERD STEPHENSON, VA 22656 SAME RA RURAL 44-A-297 & HAROLD R. & 1010 WOODS MILL ROAD 55-A-134 CAROLINE D. CONNER STEPHENSON, VA 22656 SAME RA RURAL RONALD A. & 1947 MARTINSBURG PIKE WOODS MILL ROAD 55-A-135 MARY C. LEE WINCHESTER, VA 22603 STEPHENSON, VA RA RURAL 906 WOODS MILL ROAD 55A-1-17 TINA NEWLIN STEPHENSON, VA 22656 SAME RA RURAL 55A-1-18,19, JRW PROPERTIES & 13 S. LOUDOUN ST. WOODS MILL ROAD 20 RENTALS, INC. WINCHESTER, VA 22601 STEPHENSON, VA RA RURAL JOHN M. & 554 GUN CLUB ROAD WOODS MILL ROAD 55A-1-21 KIMBERLY D. CARTER STEPHENSON, VA 22656 STEPHENSON, VA RA RURAL 966 WOODS MILL ROAD 55A -1-22A HERMAN M. CLARK III STEPHENSON, VA 22656 SAME RA RURAL 454((1))-1 & CLARK D. & 1281 JORDAN SPRINGS RD. 2 BARBARA K. FORTNEY STEPHENSON, VA 22656 SAME RA RURAL JOHN M. & POST OFFICE BOX 218 JORDAN SPRINGS RD. 45-4((1))-3 K. JUNE CONLEY STEPHENSON, VA 22656 STEPHENSON, VA RA RURAL 1373 JORDAN SPRINGS RD. 45-4((1))-4 CHRISTIAN F. KIENE STEPHENSON, VA 22656 SAME RA RURAL 154 HUMMINGBIRD LANE 45-4((A))-17 RENE R. CARLSON STEPHENSON, VA 22656 SAME RA RURAL WILLIAM H. III & 1081 JORDAN SPRINGS RD. 45-9((3))-1 REBECCA HALL STEPHENSON, VA 22656 SAME RA RURAL WILLIAM D. & POST OFFICE BOX 22 JORDAN SPRINGS RD. 45-9((3))-2 PATSY L. HOFFMAN STEPHENSON, VA 22656 STEPHENSON, VA RA RURAL DAVID E. & 170 MONASTERY RIDGE RD. 45-9((3))-3 NANCY M. RITTER STEPHENSON, VA 22656 SAME RA RURAL JAMES C. JR & 220 MONASTERY RIDGE RD. 45-9{(3))-4 SANDRA DUNIVAN STEPHENSON, VA 22656 SAME RA RURAL BA/LEY 0 /A SU,cvCYEO MAY LA, /9Sr CtRT/R�tO ,SVRVEYv�( LOCATED gjoar 4A NoRTNEAST OF • W/NCW STERi /Al S TONE WALL O/j T.T/eT, FREDER/C K COUNTY , VA. 1 LOCKHARr S S 7 33 3 6 O�Eft24� tin SA/[EY ^''cyE 3 M MA G NEYyC 3 185-4 \63!s E ( h ORNDOFF s �I LAND of c W. N. M. 5 TO ✓ER H. T 6tnneR F_sr• •oma 74.49 ACRES To 4 W. N. M• 5rov�-A A 0 s �� BECt xis• Na3'j zZ bay, SuAve r,o jam- 4, /954 AICNAAo u. GOoaIC CERv-0"Ary SUAVCY044 (3 C o oPA--.4 u L ocw rEv Aeour 4 /: *V/L E s NORrNi"A.lr ar W/NCNBS7aA', QM BOTH S/OES of ROAD No. 664, /N ST0146WA1LL D,sra/cr, FRE4X/7/CK C oUw/TY , VA-. VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 15th day of July 1952 at 1:00 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. — nZ4 -4e C URK I A CURRENT OWNER: MISSIONARY SERVANTS OF THE MOST HOLY TRINITY REF: TAX MAP 44 - A PRCL 294 CURRENT ZONING, RA REQUESTED REZONING, 8 - 2 REZONING AREA, 10.33 ACRES N45.00'00"E 140.00' N17°30'00"W-/ j 250.00' \ bgs IS 0o - 900 \\ 523.00'00"W \ 297.00' yam: s, BOUNDARY INFORMAT/o ON SHOWN HEREON IS o`\` COMPILED FROM EXISTING LAND RECORDS AND DOES NOT REPRESENT AN ACTUAL FIELD RUN BOUNDARY SURVEY BY TR/AD ENG/NEER/NG. !90\ O_ THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TYTLE REPORT. THEREFORE, THIS PLAT MAY NOT INDICATE ALL ENCUMBRANCES ON THE PROPERTY. BUILDING LOCATIONS SHOWN HEREON ARE DETERMINED FROM AERIAL PHOTOGRAPHY AND ARE APPROXIMATE. THE EXISTENCE OF VEGETATED OR TIDAL WETLANDS WAS NOT DETERMINED DURING THIS SURVEY. THE EXACT LOCATION OR EXISTENCE OF UNDERGROUND UTILITIES WAS NOT ESTABLISHED DURING THIS SURVEY. S14'20'23"W vs. % / 173.02' N 00� ! lo -y30i cn1°; S79' 56'54"E N N81.32'18"E 351.88' w� 353.27' aim N86.33'40"E 445.08' , -_-500.41' 59"W _------ 00", S89 -18'03'E 900.00' '----� '7 32.74 ; 138.08' 3 I .n0 \ NO 00_ o O;O o PO r OHO O P O m 0 oin 0 0 8.97 •, 0 Ni 0! 0 . \ 106.94' h ^' 1 589.18' (�3 "E 900.00' y'II � 547.00' 00 "W 00 179.00' N 10 016S02°45'0 'E o ;o l rte- 235.009 tm � \ N83.00'0N 105.00' i —--,_-`. �S23.30'09"E i 393.93 i j N84.30'00"W 514.09' TREELINE APPROXIMATE SCALE: 1" = 200' (D TREES OWNERS: MISSIONARY SERVANTS OF THE MOST HOLY TRINITY APPROXIMATE SCALE: 1" = 500' NOTE: THIS PLAN SHEET HAS BEEN DERIVED FROM AN AERIAL PHOTOGRAPH AND HAS NOT BEEN FIELD CHECKED. THE BOUNDARY IS APPROXIMATE AND IS INCLUDED FOR GRAPHIC REPRESEN1AHON ONLY. L1. : C a REZONING APPLICATION #11-01 APAC -Virginia, Inc. L. F. Franklin & Sons, Inc. Staff Report for the Planning Commission Public Hearing Prepared: November 27, 2001 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. Reviewed Action Planning Commission: 12/05/01 Pending Board of Supervisors: 01/09//02 Pending PROPOSAL: To rezone 7.45 acres from RA (Rural Areas) to B3 (Industrial Transition). LOCATION: The property is located at the northeast quadrant of the intersection of Martinsburg Pike (Route 11) and Stephenson Road (Route 664) near Stephenson. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-89 and 44 -A -89A PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District South: Zoned RA (Rural Areas) District Land Use: Construction Company and Yard Use: Agricultural Use: Church / Residential East: Zoned NMI (Mobile Home Community) District Use: Residential APAC - Virginia, Inc., REZ #10-01 Page 2 November 27, 2001 West: Zoned RA (Rural Areas) District Use: Residential % Agricultural PROPOSED USE: Office and Storage Facility for Construction Contractor REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application to rezone this property appears to have a measurable impact on Routes 11 and 664, the VDOT facility which would provide access to the property. 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, Sixth 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. Fire Marshal: Emergency vehicle access required at all times. Construction may require additional fire protection. Plan approval is recommended. Public Works: In lieu of onsite stormwater management, we recommend that the existing drainage channel paralleling the eastern property boundary be improved to accommodate upstream and onsite 10 -year storm flows. Frederick County Sanitation Authority: No comment. Frederick -Winchester Health Department: Any proposed increase in water use, such as an increase in the number of employees, will require expansion of the existing sewage disposal system (if possible) or connection to a public wastewater system. Inspections: No comment required at this time. Shall comment at the time of site plan review. Historic Resources Advisory Board: See attached letter dated November 26, 2001. Parks & Recreation: No comment. Frederick County Public Schools: Based on the information provided, the public school system anticipates no impact to capital facilities or division operating expenses. Winchester Regional Airport: The Winchester Regional Airport Authority has no objections to this rezoning request. APAC - Virginia, Inc., REZ #10-01 Page 3 November 27, 2001 Counly Attorney: Once signed by owner(s), proffers appear to be in proper form. Planning & Zoning_ 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the two parcels which comprise the proposed rezoning as A-2 (Agricultural General) District zoning classification. The A-2 classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. The subject site has been utilized for a construction company ("L.F. Franklin Construction Company") for at least 25 years. The same business was recently sold to APAC, who continues to operate in the same business under the APAC name. APAC intends to expand the existing office building; this expansion necessitates a rezoning as the existing facility is non -conforming. 2) Location The two parcels which comprise the proposed rezoning are located on the east side of Martinsburg Pike (Route 11) and on the north side of Stephenson Road (Route 664). The parcels are located on the northeast quadrant of the intersection of Martinsburg and Stephenson Roads. Martinsburg Pike is classified as a major arterial roadway. 3) Comprehensive Policy Plan The parcels are within the county's Sewer and Water Service Area (SWSA) and are a component of the Northeast Land Use Plan which was adopted by the Board of Supervisors on September 27, 2000. The parcels were also a component of the Route 11 North Corridor Plan which was adopted by the Board of Supervisors on January 8, 1997. Both land use plans proposed future commercial development within the area of these parcels. The Northeast Land Use Plan recommends that public water and sewer service be utilized unless the use is of a scale that could be served by a conventional well and drain field system. The plan also recommends that package treatment plants be prohibited unless it is feasible to dedicate the system to the Frederick County Sanitation Authority for operation and maintenance. The subject site is located within the Stephenson Rural Community Center, as identified in the Comprehensive Policy Plan. 4) Site Suitability The two parcels which comprise the proposed rezoning are predominantly limestone. Environmental features on the site are minimal. The site has been developed and utilized for the APAC - Virginia, Inc., REZ #10-01 Page 4 November 27, 2001 road construction company for many years, resulting in a landscape of offices, parking areas, and indoor/outdoor storage areas. Drainage is provided by a drainage way along its eastern and western boundaries. The northern portion of the property contains a drainage culvert that feeds into Hot Run. 5) Potential Impacts a) Transportation Impact Analysis Statement Information provided within the applicant's Impact Analysis Statement advises that current traffic counts for Martinsburg Pike show 6,200 VPD, which includes the ongoing operations of APAC. The traffic mix includes 92 percent cars and 8 percent trucks. Current trip counts to and from APAC are an average 200 car trips and 100 truck trips. The applicant does not expect that operations on this site will significantly increase traffic since the site is presently in full use. Fifty percent fluctuations, up or down, are possible as national economic trends have this type of affect on business volumes of road building type contractors. The applicant suggests that fluctuations of this magnitude are not going to affect the operational level of service of Martinsburg Pike. Review Agcy Comment The Virginia Department of Transportation (VDOT) has reviewed the applicant's traffic impact analysis. The VDOT comment, dated 10/17/01, states that the application to rezone this property appears to have a measurable impact on Routes 11 and 664, the VDOT facility which would provide access to the property. Before development on the site, the applicant will be required to submit a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual Sixth 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. Planning Staff Comment The applicant's traffic impact analysis appears to provide an accurate depiction of current traffic counts for Route 11. Additionally, it is reasonable to consider the subject site as being in full use, therefore, not significantly increasing the traffic on Route 11. It would be appropriate to consider establishing a single entrance on each of the adjoining state roadways. These entrances should be identified and constructed to state standards during the site planning process. APAC - Virginia, Inc., REZ #10-01 Page 5 November 27, 2001 lb) Water and Sewer Impact Analysis Statement The applicant has acknowledged that the subject site is within the County's Sewer and Water Service Area (SWSA). The site is currently served by an existing septic system servicing the office facility. Any expansion of the facility will require approval by the local Health Department. The office is connected to public water (FCSA). Historic water use for the site is 600 gpd. APAC has shown intent to the FCSA to connect to the possible regional wastewater system being considered for service to the VDOT Rest Center on I-81. Review Agency Comment The Frederick County Health Department has reviewed this request, and noted that an increase in water use will require an expansion of the existing sewage disposal system, if possible. If the existing system is unable to accommodate an expansion, connection to a public wastewater system would be necessary. Planning Staff Comment The subject site is located within the Sewer and Water Service Area (SWSA). The Northeast Land Use Plan states that commercial land uses be served by public water and sewer systems. The subject site is currently served by public water, and by a private on-site sewage disposal system. County policy would discourage the expansion of the on-site system, and encourage the utilization of the public sewer system. Sewage disposal will need to be clarified prior to site plan approval. C) Historic Resources: Impact Analysis Statement The applicant has indicated that none of the structures on the site are identified in the County's inventory for historic structures. The intensively developed site is not a candidate for historic preservation. Review Agency Comment The Frederick County Historic Resources Advisory Board (HRAB) comment, dated 11/26/01, indicates that the subject site is located within the Third Battle of Winchester study area, and adjacent to a core area of the Second Battle of Winchester. The HRAB recognizes that the site has lost its historical integrity, and encourages the establishment of height limits for structures constructed on the site, as well as additional landscape screening along Route 11. Structure height should not exceed that height of the site's existing office building, estimated to be less than 25 feet in height, in an effort to maintain building heights consistent with the properties in the APAC - Virginia, Inc., REZ #10-01 Page 6 November 27, 2001 immediate area. The additional landscape screening along Route i i would assist in lessening the visual impact of the site's parking and storage areas on adjoining properties and the roadway. This screening should include the planting of evergreen trees that would supplement the existing natural vegetation located between the storage area and the state roadway. Planning Staff Comment The subject properties are located within the limits of the Third Winchester study area, and are adjacent to a Second Winchester core area. The subject site is not within the Second Winchester study area. Therefore, the FRAB has expressed concern for the loss of historic battlefields and the aesthetic qualities of the rural community in which these parcels are located, but does recognize that the historical integrity of the subject site has been lost to previous development on the site. Based on the comments generated by the HRAB, the applicant should consider establishing structure height limits as well as landscape screening along Route 11. The visual impacts levied on Route 664 will be lessened when the parking lot is improved per the Generalized Development Plan submitted with this rezoning application. The Zoning Ordinance will require the planting of shrubs and trees around future parking areas. d) Adjoining Properties: Impact Analysis Statement The applicant has provided information which indicates that the subject site is intensively developed, and is in full use. The site has ben utilized for the office and storage yard of a construction company for the better part of 25 years, and that the non -conforming use would be more appropriate in the B3 Zoning District, where it would be a permitted use by -right. Planning StaLf Comment The adjoining properties are presently utilized for various residential, agricultural, and church uses. Expansion of the existing construction company facility would have a impact on the adjoining properties based on the close proximity. While buffers are required when a B3 Zoning District is developed adjacent to residential uses in the RA Zoning District, the subject site is already intensively developed thereby limiting the ability to implement the standard buffer and screening. It would be appropriate to include language in the proffer statement addressing the buffer distance to be provided, as well as to specify the plantings that would be utilized to lessen the impact of the proposed construction company expansion on adjoining properties. APAC - Virginia, Inc., REZ #10-01 Page 7 November 27, 2001 6) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The following list is a summary of the conditions voluntarily proffered by the applicant: Construction Company improvements should adhere to the improvements identified on the Generalized Development Plan; all other uses should comply with the B3 Zoning District requirements. Staff Note: the Generalized Development Plan does not address the buffer and screening requirements per the Zoning Ordinance - Prohibit various uses on the property if the present use (Construction company) ceases to exist. Such prohibited uses would include: Local and Suburban Transit services; Motor Freight Transportation and Warehousing; Laundry Services; and Drive -In Theaters. Staff Note: as written, the proffer titles this section the "Allowed Uses on This Site", but then lists the prohibited use& The statement should clarify the intent, and be more consistent., Provide a monetary contribution of $5,000 for fire and rescue services Provide a monetary contribution of $5,000 for the Sheriff's office services. STAFF CONCLUSIONS FOR 12/05/01 PLANNING COMMISSION MEETING: The 7.45 -acre site proposed for rezoning is located within the county's Sewer and Water Service Area; is within the portion of the Northeast Land Use Plan which recommends future commercial land use; is within the Third Battle of Winchester study area; and is within the Stephenson Rural Community Center. The Northeast Land Use Plan recommends that commercial land uses be developed with public water and sewer service; and that commercial land uses be adequately screened from adjoining land uses to mitigate visual and noise impacts. Staff has identified several issues based on comments received from various review agencies which involve impacts to the transportation system, water and sewer service, historic resources, and adjoining properties. The applicant has submitted a proffer statement in an attempt to mitigate some issues regarding future users of the property. Proffered conditions include the prohibition of various uses; a General Development Plan indicating the location of proposed site improvements associated with the exiting construction company; and a monetary contribution for fire, rescue, and sheriff services. The further development of commercial uses at this location will have an impact on an existing residential land use and on the adjacent agricultural land due to the proximity to this site, and could potentially have an impact on the viewshed associated with the Battles of Second and Third Winchester. The applicant should consider the establishment of additional landscape screening and height limitations in an effort to mitigate impacts on the surrounding community, thereby improving the appearance of the existing site. APAC - Virginia, Inc., REZ #10-01 Page 8 November 27, 2001 Staff does not believe that the applicant has addressed the review agency comments and that this request does not comply with the Northeast Land Use Plan. The applicant could address the review agency comments and be in compliance with the Northeast Land Use Plan by addressing the following issues: • Establish height limits for structures erected on the site. • Improve site entrance conditions by limiting a single entrance for each of the state road frontages. • Provide appropriate road improvements and upgrade entrances. • Establish an evergreen landscape screening along Route 11 to provide year-round screening of the construction equipment parking and storage. This landscaping would supplement the buffer and screening requirements. • Establish maximum sign heights and square footage that would be appropriate for the Rural Community Center. • Establish appropriate drainage areas per County Engineer. The applicant should be prepared to address the comments made by staff during the review of this application by the Planning Commission and the Board of Supervisors. O:\Agendas\COMWMS\RFZONWG\Staff Repmt\2001\APAC, Inc.wpd OUTPUT MODULE APPLICANT: PIN 44 -A -89A Net Fiscal impact LAND USE TYPE Heavy Comner Costs of Impact.CrediL REAL EST VAL $9,139,516 Recuired (entered in Credits Cur Budget Cur. Budget Cap. to be Take Future Total Potential Adjustment For FIRE 8 RESCUE t Capital Faciltues 001 sum only) Aper Cap Equip Expend/Debt S. CIPI Taxes. Dlher Tax Credits (Unadjustedl Revenue- Net Capital Net Cost Per Fire and Rescue Department $73,254 Cost Balance Facilities Impact • Dwelling Unit Elementary Schools $0 s0 so $73,254 ERR Middle Schools $0 S0 High Schools $0 $0_ $0 So $0 ERR Parks and Recreation $0 Public L,brary $0 $O $0 so So ERR Sheriffs Offices$0 $2,791 s0 $0 s0 so $0 ERR Administration Building s0 $O $2,791 $2,791 so ERR Other Miscellaneous Facilities$0 332,360 $6,512 S0 $0 SO $0 ERR $38,871 $38,871 $0 ERR SUBTOTAL $73,254 LESS: NET FISCAL IMPACT $5,451,977 $35,151 $6,512 so 541,663 S41,663 $31,591 ERR55,451,977 NET CAP. FACILITIES IMPACT $5,451,917 $5.451.977) ERR r INDEX "1.0' if Cap. Equip Included: 1.0 INDEX "1.0' if Rev -Cost Bat, "0.0" if Ratio to Cc Avg: 0.0 PLANNING DEPT PREFERENCES 1.0 1.Q Rev -Cost Bat = 1.000 _ Ratio to Cc Avg = 1.433 METHODOLOGY 1. Capital facilities requirements are input to the fust column as cal I ted' 2. Net Fiscal Impact NPV from ut to he model. P operations calculations is input in row total of second column (zero if negative): included are the one-time taxes4ees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calcilated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth cot as calculated in fiscal impacts. 5. NPV of future taxes pato to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development. NOTE' Proffer calculations do not include induce interest because they are cash payments up front. Credits do incl.ide interest if the projects are debt financed. NOTES: Model Run Date 12/22100 EAW ��— _—'— — ----- — P.I.N. 44 -A -89A Rezoning: Assumes 140,417 sq.ft. retail on 7.45 acres zoned B•3 Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. November 26, 2001 Mr. Charles E. Maddox, Jr., P.E. Gilbert W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 RE: HRAB Recommendations for APAC Rezoning Dear Mr. Maddox: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal during their meeting ofNovember 20, 2001. The HRAB reviewed information associated with the Frederick CgM Rural Landmarks Survey, the National Park Service Study of Civil War Sites in the Shenandoah Valley, and information which you provided at the meeting. Historic Resources Advisory Board Concerns The site is currently used by APAC as a construction company and yard. The use is not permitted in the RA Zoning District; APAC is a non -conforming use. As such, the company cannot make any more expansions. APAC requests to rezone the property from the RA Zoning District to B3 so that improvements to the site would be allowed. The HRAB considered the details of the proposed rezoning and its impact on the surrounding area. After discussion and consideration, the HRAB recommends approval of this rezoning and requests that the applicant make the following provisions: Height of future structures built on the property should not exceed the height of existing buildings on the site. The applicant should consider stronger additional evergreen landscaping along the property lines to provide a screen from adjacent properties and roadways. The limiting of what B3 uses would be allowed if the rezoning is approved, as explained in the proffer statement, is appropriate. Please contact me with any questions concerning these comments from the HRAB. Sincerely, lam'"''" - Rebecca. Ragsdale, Planner I RR/kac U:\COMMIT=EES\ n;LAB\Recommendatious\APACrzwpd 107 North Kent Street • Winchester, Virginia 22601-000 44 RA ORNOOFF 7g 44 q A n MULltryg A / 44 A RA �� , Vy�H�� 44 A RA HlE1T� zz Rf CONAF4 44 A 7e RA Ht ��CD /I / NEFF 44 A 85 RA 44 A'89 . _ 11 ADAC- R K% IM BROWN \\ r 44 A 88 LOVEIT Kiw 44 A 75 RA RARA 0 q AV, RAAr 9 RA G�G, M1 RA RA RA MH1s� RA RA t' RA �i B2 Mi v of Planning and Development, 11/01, , REZONING REQUEST PROFFER Property Identification Number 44 -A -89A and 44-A-89 Stonewall Magisterial District APAC — Virginia, Inc. Preliminary Matters Pursuant to Section 15.2-2296 et_ Seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #11-61 for the rezoning of 7.4455 acres from the present RA to B3. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The subject property shall be used in the same manner as currently in use. No additional buffers or screens are proposed except that a building addition and parking improvements shall be implemented along Rout 664 as generally shown on the Generalized Development Plan. These improvements are to meet requirements of the County zoning ordinance as identified by future site plan review. Any change of use from Construction Company shall require compliance with all B-3 zoning requirements. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffer that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 7.4485 acre tract lying on the northeast quadrant of the intersection of Route 11 and Route 664 near Stephenson, Virginia in the Stonewall Magisterial District of Frederick County, Virginia from existing RA to B-3 the undersigned will pay to Frederick County, at the time a building permit is issued for the office expansion, a lump sum payment of five thousand dollars ($5,000.00) for Fire and Rescue Company and five thousand dollars ($5,000:00) for Sheriff's Office. REZONING REQUEST PROFFER Property Identification Number 44 -A -89A and 44-A-89 Stonewall Magisterial District ADAC — Virginia, Inc. Allowed Uses on This Site The undersigned owner shall voluntarily restrict use of this site by agreeing not to change the present use to any of the following allowed uses in the B-3 zone: SIC 41 Local and suburban transit and interurban highway passenger transportation SIC 42 - Motor freight transportation and warehousing SIC 45 Transportation by air SIC 721 Laundry, dry-cleaning and garment services SIC 75 Drive-in motion picture theaters The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER By: 13, Date: lb�,�//o STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 31 S1 day of Oc4obe.tt , 2001, by -Tory-%e5 A. SUP.Row My commission expires ev�rr,bett 30 2004 Notary Public APAC Construction Headquarters ImpactAna1vusStatement Impact Analysis Project Packground The site has been the home of the L.F. Franklin Construction Company for at least 25 years. The business has recently been sold to APAC who continues to operate in the same business as L. F. Franklin_ In order to be allowed "by right" to provide office improvements to the site it is appropriate to remove the "non conforming" status since the site is presently zoned RA and does not provide for this use. Location and Access The APAC site sits in the northeast quadrant of the U.S. Route 11 intersection with Virginia Route 664 (Stephenson Road). A location map is attached. Site Suitability The site is suitable for the intended use as evidenced by the fact it has been in use for the past many years without significant identified effect. The underlying geology is limestone. The site presently accesses U -S. Route 11 (1 entrance) and VA Route 664 with 2 entrances. Drainage is provided by a drainage way along its east boundary, which was recently upgraded by APAC in coordination with the Frederick County Public Works Department. Another drainage way lies along the west boundary and crosses the site by culvert in the northwest corner. Traffic Current VDOT traffic counts for U.S. Route 11 show 6,200 VPD including the normal operations of APAC. The mix of traffic includes 92% cars and 8% trucks_ Current trip counts to and from APAC are an average 200 car trips and 100 truck trips. It is not expected that operations on this site will significantly increase traffic since the site is presently in total use now. Fifty percent fluctuations, up or down, are possible as national economic trends have this type of affect on business volumes of road building type contractors. Fluctuations of this magnitude are not going to affect the operational level of service of U. S. Route 11 _ Sewage Conveyance and Treatment The site is served by an existing septic system serving the office facility. Any expansion of the facility will require approval by the local Health Department. The office is connected to public water (FCSA). The average water use for domestic purposes is estimated to vary between 500 gpd and 1,000 gpd. APAC has shown intent to the FCSA to connect to the possible regional wastewater system being considered for service to the VDOT Rest Center on I-81. Water Supply The facility is connected to the existing FCSA water system. A 10" main exists in U.S. Route 11 and an 8" main exists along S.R. 664. Fire protection, as well potable water is available along both frontages. Historic average water use is 600 GPD. ADAC Construction Headquarters lmpactAnalystsStatement Site Drainage The principal drainage pattern is from south to north in two channel areas. There is a box culvert structure under Route 664 draining water from the area between U.S. Route 11 and the railroad tracks in Stephenson, south of Route 664. The box discharge is to an improved swale along the east boundary with Brown. The majority of the construction yard sheet flows to the swale. Also, drainage from between U.S. Route 11 and I-81 crosses U.S. Route l I from west to east via two culverts and flows along the west boundary frontage with U.S. Route I1 from south to north. The drainage diagonally crosses the site via a 36" culvert. All drainage discharges the site at the northeast corner to a natural stream that is a tributary to Hot Run. Solid Waste Disposal Facilities Solid waste is collected by contract hauler and transported to the Frederick County Landfill. Historic Sites and Structures None of the structures on site are listed on the County inventory for historic structures. The intensively developed site is not a candidate for historic preservation. Impact on Community Facilities The County impact model assumes the site is developed as a large "heavy commercial" use of 140,000 SF of retail uses. This model projects significant credits to the tax revenue of the County, for exceeding any identified impacts. Another analysis was conducted by the applicant, which measured the impacts of the continued use as a construction company as follows. Schools - No identified impact Sheriff - Normal patrol service @'h hour per day at $60/hr. = $10,950/annum Fire & Rescue - Rough estimate from average of previous years. l call per year @ $2,000 cost. Parks & Recreation - No identified impact. Solid Waste - The payments made to commercial hauler reimburse County for costs of operation at landfill (Enterprise Fund). From this necessarily brief study, the existing use also creates credits significantly in excess of cost impacts on County facilities. Proffers have been offered for Fire and Rescue and Law Enforcement to assist in capital improvement planning since these services were identified to have individual impacts. VICINITY MAP p . i ''*'.fir ♦ .p�3^� 14 r F� 0*11 ..,. a .i-. Olt ¢ "4 Yi �;�• YAW t ■ Ir y 4 r^,. \ Historic Landmark Study Na Rural Po%enl6§ Landmark s&Mf%an/ 938 Grover H,t House No 939 ShIrtey vtlsnH_e No 94GE_nk Methodist Church No &�! REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. �� Fees Paid..... $860.75 I 1 Zoning Amendment Dumber _�� Date Received _ PC Hearing Date r) (01 BOS Hearing Date —fl I -n ,a�::�-- The following if formation 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: APAC – Virginia, Inc. Address: P.O. Box 339 Stephenson, Virginia 22656-0339 2. Property Owner (if different than above) Telephone: 540-6624008 Name: Telephone: Address: 3. Contact person if other than above Name: Charles E. Maddox, Jr., P.E., VP Telephone: 540-667-2139 Gilbert W. Clifford & Associates_ Inc. 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments Plat X Fees Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X RECEIVED NOV 8 pol "IT. GFPLANNINGIDFVELMAP' 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: APAC — Virginia, Inc. L.F. Franklin & Sons, Inc. 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER USE Construction Company and Yard Same ZONING 8. Location: The property is located at (gnve exact location based on nearest road and distance from nearest intersection, using road names and route numbers). Northeast quadrant of intersection of Route 1 I and Route 664 near Stephenson, Virginia. 12 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 of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 44-A-89 & 89A Districts Magisterial: Stonewall High School: Fire Service: Clearbrook Middle School: Rescue Service: Clearbrook Elementary School: James Wood James Wood Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zonin Re uested 7.45 RA I B-3 17.45 ! Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 0 Townhome 0 Multi -Family 0 Non -Residential Lots 2 Mobile Home 0 Hotel Rooms 0 Square Footage of Proposed Uses Office 6,000 Service Station Retail 0 Manufacturing Restaurant 0 Warehouse Other 0 0 0 Construction Yard 13 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property or site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. 'o Applicant(s) Date Z/ Date Owner(s) — — .APW5 I-eckk * Date /011 Date 14 Pa reel ID # Name Use Zoning 44-A-85 Ronald W. Neff Vacant RA P.O. Box 244 Stephenson, VA 22656 44-A-88 Lambert J. Brown Vacant MH -1 1213 Hites Road Middletown, VA 22645 44 -A -89A, APAC Construction Company RA 44-A-89 P.O. Box 14000 Lexington, KY 40512 44-A-77 Charles W. Orndoff Residential RA 2897 Martinsburg Pike Stephenson, VA 22656 44-A-76 Alice M. Hiett Residential RA 2851 Martinsburg Pike Stephenson, VA 22656 44 -A -76D George C. & Dorothy L. Hiett Mobile Homes RA 2829 Martinsburg Pike Stephenson, VA 22656 44-A-75 Brown Lovett Jr. Vacant RA 1117 Caroline Street Winchester, VA 22601 44-A-70 David B. Grim Residential RA 159 N. Loudoun Street Winchester, VA 22601 +4-A-64 44-A-69 Emmanuell United Methodist Church RA 2732 Martinsburg Pike Stephenson, VA 22656 44-A-66 Maxine W Franklin Residential RA P.O. Box 44 Stephenson, VA 22656 44-A-95 Jane B. Bachmann Vacant RA P.O. Box 335 Litchfield, CT 06759 APAC Construction Headquarters. Summary The following Impact Analysis Statement is provided in summary form for the property known as "APAC Construction Headquarters". The existing zoning is RA. The site is in complete use at the time of this filing as a construction company office and yard facility. The same use is intended after rezoning. This zoning change allows the present use to operate "by right" in lieu of its present status of "nonconforming use." APAC — Virginia, Inc. desires to make office and parking improvements, which are not allowed under the nonconforming use statute. Natural buffer vegetation is to be !eft in place as exists. The site is shown on the County Comprehensive Plan as future commercial. The present use is allowed in either the B-3 or M-1 zoning districts. The B-3 zoning district was selected since it best fit the comprehensive plan. There are no known environmental, infrastructure or planning issues identified that would preclude the rezoning and continued use of this site as for APAC to use as its construction yard. There may come a time when the highest and best use of this site would cease to be construction company, so the range of B-3 uses have been analyzed to determine if any are not suitable for this site. Those non -suitable uses have been restricted by proffer. The important planning policy guidelines supporting this application for rezoning are: 1. The site is presently in use as proposed in rezoning. The purpose of the rezoning is to provide improved facilities to support the existing use. 2. The Route 11 north corridor is identified by the Comprehensive Policy Plan for Industrial and Commercial Uses specifically this site is shown as "commercial." 3. Route 11 is a major transportation corridor and this site lies at the intersection of U.S. Route i l and VA Route 664 (Stephenson Road). 4. The site provides a transition between uses to the south and in the more intensive M-2 uses to the north (Global quarry). 5. APAC is a major employer in Frederick County. 6. There are continued positive fiscal impacts as evidenced by the County impact model. , r -o i •a f ;J X. +fir „ i . •'4 4 � ♦ t _ 5t�., L , s= f 7. ? / h?o "\ql 1 J r r FZ¢gt Area J R 878„Ji X633 !� ?t y ,{ 4 $fnmte7, f ry, `?`/ 2 .'j Perk.. •a Y 1 r�� ?i. 10 of ,+ .1 Q .,• _.y f •c+ .tom. . .�� :: � `� r i. �✓'tel .. � ( t '4 M urn �n 11 vj �° {� 3i t ht•�� ,i. �” � y.ar� .. JR4` C3 . :� '�.�` "`s 1 1�C].` '' { 1 ". \'!1 ti r �� ;i 7r 59i i.a •,� t. fps {� 1 a �. .� i. ri i Y�� 1y[�,j.7J f y `^•-�- ' yt t �,` t � J `�� • - j`',.. 7��J` J tr ,aF �r t °t rr A�*s Lc..�'✓'.-t,, {`` t J �Ctl I �•: zono tt bpyright 0 2000 DaLorme. TOpo7ools ACI -ad Brant Kit TM Scale- 1 : 24,000 Zoom LaWOL: JS -u uac.m: ..wo. �,1, • . COUNTY of FREDERICK Department of Planning and Development 540/665-5651 MEMORANDUM To: Frederick County Planning Commission From: Jeremy F. Camp, Planner I ``(2' Subject: Powell's Plumbing, Request to Waive Full Screen Requirement Date: November 27, 2001 Location and General Information: FAX: 540/665-6395 Powell's Plumbing is located in the Shawnee Magisterial District at 152 Windy Hill Lane. The property is zoned B3 (Industrial Transition District) and is identified by Property Identification Number 64 -A -4G. The current land user is a plumbing contractor. The recently constructed office/warehouse building is awaiting a final occupancy permit. This building is partitioned into seven units which are planned to be leased by John Powell, the owner of Powell's Plumbing. Nature of Request: Staff has received a formal request from Mr. Mark D. Smith of Greenway Engineering, acting on behalf of Powell's Plumbing, for a waiver to the requirements of Section 165-37 B (2) of the Frederick County Zoning Ordinance. The particulars of this section specify that a full screen should include a 10 -foot landscaped easement and a six-foot high opaque hedge, fence, wall, mound or berm. Powell's Plumbing would like for the Planning Commission to consider approving a waiver to allow just a 10 -foot landscape screen where a full screen is required by the Zoning Ordinance. The applicant is of the opinion that the fence would have little to no effect because of the natural topography of the location. The site plan for Powell's Plumbing that was approved on August 28, 2001 shows a full screen, including a 10 -foot landscape screen and a six- foot high opaque fence. The need for a full screen is determined by the category of buffer that is required and the provided distance buffer. Powell's Plumbing is required to have a Category B buffer along the south property line because it adjoins the B2 (Business General District) Zoning District. A Category B buffer requires a distance buffer of 50 feet (25 active and 25 inactive) with a full screen, and 100 feet (75 inactive and 25 active) with a landscape screen. In no location is the active portion of Powell's Plumbing property further than 70 feet from the B2 Zoning District. Therefore, the Zoning Ordinance requires that a full screen be installed. 107 North Kent Street • Winchester, Virginia 22601-5000 Powell's Plumbing Waiver Request Page 2 November 27, 2001 Planning Commission Authority: Pursuant to Section 165-37-B(2) of the Frederick County Zoning Ordinance, the Planning Commission may waive the requirement for a full screen when natural barriers, topography, or other features achieve the functions of the full screen. Staff Conclusions: After a site inspection of the property, staff confirmed that the topography of the site does serve as a natural screen between the two land uses but only for a part of the required distance. From the parking lot island (just left of the entrance) to the beginning of the cul-de-sac, a fence would have little effect, because of the elevation difference between the office building of Greenway Engineering and the buildings located on the property owned by Powell's Plumbing. The remaining portion of the required screen, which is located from the beginning of the cul-de-sac to Interstate 81, is at a similar elevation to the vacant piece of B2 (Business, General District) property. Therefore, there is no basis for the requested waiver along this section of the screen. In conclusion, the Planning Commission has the authority to waive the requirement for a full screen (fence) along the front property line which runs from the parking lot island to the, beginning of the cul-de-sac. However, it would be appropriate to require the full screen along the remaining portion of the buffer because there are no natural features which serve its purpose. Staff would ask that the Planning Commission make a determination regarding the appropriateness of this request. U:Ueremy\Waiver Requests\Powell'sPlumbingRequestB.wpd a _ Waiver Request Location NbP For: Powell's Investments PIN: 64 -A -4G * Pending Subdivision Dept. of Planning and Development, 11/01, l 3 7/6 \ ` x7/8,4\ 116 } \ 116 / �\ 4 h,� 7/8 .Upp i •ESOARD FENCE Nz- \ � \\ -7 \� \ \ a I -ESP \ 1 HILL LLG AND D. / ARLErE D. 8h1ITH AGd��70 P'Fif7G11jE \ RBA��MCs ROOM 89 TO FRE 18 RILL WILL ESE � REPL WItH A L A LETTER OK IT Ib REGxJ FOR \ \ TFE b FT. ESO -CN�-EDOARD M \ \ \ \ \\ \ \ EYENT t� MG 18 APPRp�EZ. I � ➢�V OECsM b' ARD -ON x k ANDBCAPE SCREEN A GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 October 26, 2001 Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Jeremy Camp Re: Powell's Plumbing Screening Waiver Dear Mr. Camp: On behalf of our client, Powell's Plumbing, we are requesting a waiver of the fence requirement that is part of the Screening Ordinance Section 165-37.13.2 (Full screen) of the Frederick County Zoning Ordinance. As you are aware, the screening of deciduous and evergreen trees has been installed to satisfy that particular section of the Screening Ordinance for the B2 and B3 land uses. The full -screen fence requirement is only needed by the Ordinance because we are 5 feet short in buffer distance. With all other elements provided and the adjacent owner supporting our request, please process this waiver request. Sincere , Gree IR 9 Mark D. Smith, P.E., L.S. President Adjacent owner, Mark and Arlene Smith, are hereby agreeing and support the elimination of the fencing requirement of the Screening Ordinance and respectfully request the approval of this waiver as stated. . � C - I C7.2(11 I Mark D. Smith for Mark and Arlene Smith Date j C: • • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 MEMORANDUM T0: Frederick County Planning Commission FROM: Jeremy F. Camp, Planner IIS FAX: 540/665-6395 SUBJECT: Discussion of Proposed Amendments to the Zoning Ordinance Regarding Loading Space Requirements DATE: November 27, 2001 Staff has drafted the attached amendments to the Zoning Ordinance, from direction by the Planning Commission and the Development Review and Regulations Subcommittee. The idea was brought forward during a joint work session held between the Planning Commission and the Development Review and Regulations Subcommittee on December 15, 1999. During this meeting, the Planning Commission requested that consideration be given to modifying the Zoning Ordinance as it relates to loading spaces. The Development Review and Regulations Committee recommended approval of the attached text amendment in their meeting held on September 27,200 1. The goals of the amendment are to provide flexibility to smaller industrial and commercial users with minimal loading space activity. The amendments also clarify several ambiguities with the existing text. The Industrial Parks Association has participated in the discussions held during various Development Review and Regulations Subcommittee meetings, and supports the proposed changes. Please review the attached text amendments for discussion during the November 7, 2001 Planning Commission meeting. Specifically, changes are proposed to Sections 165-28, Loading Areas, and 165-145, Definitions. Staff will present this information to the Board of Supervisors for discussion in December. All comments received from the Planning Commission will be presented at that time. JFC/ch Attachments 107 North Kent Street • Winchester, Virginia 22601-5000 165-28. Loading areas. Spaces for the loading and unloading of trucks and vans shall be provided in association with business and industrial uses as follows: A. Loading spaces required. (1) The number of loading spaces required shall be as follows: Type of Use Food stores, restaurants and taverns Retail and personal services Hotels and motels, lodges, clubs, fraternal organizations and indoor recreation Office buildings Manufacturing, wholesale, trucking, construction and industrial uses Schools, hospitals and nursing homes (2) Interpretation. Loading Spaces Required 1 for first 10,000 square feet of floor area plus I for each additional 30,000 square feet 1 for first 10,000 square feet of floor area plus 1 for each additional 30,000 square feet I for each 20,000 square feet of floor area 1 for structures between 30,000 and 100,000 square feet; 1 for each additional 100,000 square feet 1 for each 40,000 square feet of floor area 1 for each structure with more than 100,000 square feet of floor area (a) When a use is not specifically listed above, the Zoning Administrator shall determine which of the above categories to use to determine the spaces required, based on similarities between the characteristics of the uses. When a use is not specifically listed above, the Zoning Administrator may also use information provided by the application or other sources of information to determine the number of spaces required. (b) In cases where mixed uses share the same loading area, the loading spaces required shall equal the sum of the spaces required for the various uses. In some cases, different uses will be contained in a single structure or site plan, and in those cases, the spaces required shall equal the sum of the spaces for each use. B. Design Stmidards. Loading space dimensions. Each 3All be twelve (f 2) f�et wide and forty-five (45) f�et long. Ea a vertical: clearance of ('144) feet. 101MM WIND tv I IV DZW-71 fro 191"', IMPO Irma I 61 -WO M ININK"GOILIMMIS soon «. . (1 ) Dimensions. Each required leading space: shall be twelve (12) feet wide and forty- five (45) feet long. Each leading space shall have a vertical clearance of fourteen (14) feet. (2) Obstructions and structures. Leading spaces shall be designed to permit loading and unloading without requiring themoving cif any parked motor vehicle. Utility poles, light standards, trash containers and similar structures shall not be p'ned within loading spaces. (3) ,Access. Tn no ease shall a loading space be approved which requires that a vehicle enter or back directly from loading spaces onto public roads. All loading spaces shall be provided access to a public road using an entrance which meets all requirements of the Frederick County Code and the Virginia Department of Transportation.. (4) Swface Materials and Curb and Gutter. Loading areas shall meet the surface material and curb and gutter requirements for one of the following categories: (a) Loading areas separated from parking lots. Loading areas that are separated from parking lots shall be paved with concrete, bitunnnous concrete, or similar materials. Curb and gutter shall not be required when leading areas are separated from. parking lots.: (b) Loading areas that are part of parking lots. Loading areas that are part of parking lots shall be paved with concrete, bituminous concrete, or similar materials. Curb and gutter shall be required for all loading areas that are part of parking lots when curb and gutter is required for the parking lot. (c) Loading areas with two (2) or less loading spaces proposed. Loading areas serving uses identified in Section 165-28(A) may have a gravel surface if two (2) or less loading spaces are proposed, and if the loading area is separate from the parking lot. Curb and gutter shall be required for loading areas with two (2) or less loading spaces when the loading area is part of the parking lot, and when curb and gutter is required for the parking lot. (d) Stormwater management plan and erosion control plan requirements. The Zoning Administrator may require curb and gutter and different surface materials for loading areas when necessary to implement a stormwater management plan or an erosion control plan. 165-145. Definitions. Loading Area - --street space or area fbr the loading or tnif indtmtriai All offRtrept orP_,A Containing loadinar span.- KLA mn""a'1vv■ yKua-i iu areas, as well" as as their associated driveways. Loading Space - An off-street space used for loading or unloading by commercial, industrial, public, or semi-public vehicles. Maneuvering Area - A traveled way by which commercial, industrial, public, or semi-public vehicles enter and depart loading spaces. U. iCOMMITTL•'I;SIDIZRSIProjecisloading Space RequiremenisPCMF.MO.wpd