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PC 07-02-01 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia JULY 2, 2001 7:00 P.M. CALL TO ORDER TAB 1) June 6, 2001 Minutes ................................................... (A) 2) Committee Reports ................................................ (no tab) 3) Citizen Comments ................................................. (no tab) PUBLIC HEARING 4) Conditional Use Permit #09-01 of Alkire's General Store, submitted by Martin Niessner, Jr. to add restaurant space to an existing general store. This property is located at 9263 North Frederick Pike and is identified with Property Identification Number 06-A-77 in the Gainesboro Magisterial District. (Mr. Davenport)....................................................... (B) 5) Conditional Use Permit #08-01 of Rodney Lynn Hoffman for a Cottage Occupation Welding Business. This property is located at 1339 Ebenezer Church Road and is identified with Property Identification Number 18 -A -69C in the Gainesboro Magisterial District. (Mr. Davenport).......................................................(C) 6) Rezoning #05-01 of Timothy W. Johnson, submitted by Greenway Engineering, to rezone 1.89 acres from RA (Rural Areas) to B3 (Industrial Transition). This property is located at 4489 Martinsburg. Pike (2.1 miles north of Clearbrook on the west side of Rt. 11), and is identified with Property Identification Numbers 33-A-92 and 33-A-93 in the Stonewall Magisterial District. (Mr. Lawrence) ....................................................... (D) 7) Request for Extension of Water and Sewer Service Outside of the Sewer & Water Service Area (SWSA) at the I-81 Clearbrook Rest Stop, located on the west side of Interstate 81 at mile marker 320 in the Stonewall Magisterial District. (Mr. Wyatt) .......................................................... (E) e 8) Proposed Amendment to Chapter 165, Zoning, Section 165-31B(7), Woodlands, of the Code of Frederick County. The proposed amendment provides the Board of Supervisors with a waiver provision for the disturbance of woodlands for parcels zoned RP (Residential Performance) District. (Mr. Wyatt).......................................................... (F) DISCUSSION ITEM 9) Discussion on the MS (Medical Support) District (Mr. Wyatt) ................. .......................................(G) 10) Other Page 2 • • C� MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on June 6, 2001. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Cordell Watt, Back Creek District; S. Blaine Wilson, Shawnee District; Greg L. Unger, Back Creek District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Robert A. Morris, Shawnee District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Richard C. Ours, Opequon District STAFF PRESENT: Evan A. Wyatt, Planning Director, Eric R. Lawrence, Deputy Planning Director; Patrick T. Davenport, Zoning & Subdivision Administrator; Jeremy F. Camp, Planner II; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - MAY 2, 2001 Mr. Kriz pointed out a typographical correction on Page 4 ofthe May 2, 2001 minutes. Upon motion made by Mr. Kriz and seconded by Mr. Light, the minutes of May 2, 2001 were unanimously approved as amended. COMMITTEE REPORTS Economic Development Commission (EDC) - 06/01/01 Mtg. Commissioner Thomas reported that the EDC discussed the following topics: a new directory CD for future distribution; a restructuring ofthe EDC with the Joint Finance Committee; the Technology Zone; and how residential and industrial development impacts are analyzed by the County. Frederick County Planning Commission Minutes of June 6, 2001 Page 672 -z - PUBLIC HEARINGS Conditional Use Permit #01-01 of S. Blaine Wilson and Keith A. Wilson for shale mining. The properties are located at 881 W. Parkins Mill Road and are identified with P.I.N. 76-A-137 and 76 -A -137A in the Shawnee Magisterial District. Action - Recommended Approval with Conditions Commissioner S. Blaine Wilson and Chairman Charles S. DeHaven, Jr. both stated that they would abstain from discussion and vote, due to possible conflicts of interest. Chairman DeHaven relinquished the chair to Vice Chairman Thomas. Vice Chairman Thomas took over the conduction of the meeting at this point. Mr. Eric R. Lawrence, Deputy Planning Director, readthe background information and review agency comments. Mr. Lawrence said that the applicant is requesting permission to continue to operate shale mining on his property. Mr. Lawrence explained that when Mr. Wilson's operation was initiated in 1987, the County Planning Department provided Mr. Wilson with a letter stating that he could remove shale from the property on a temporary basis; the letter further stated that if the operation became permanent, Mr. Wilson would need to apply for rezoning to EM. Mr. Lawrence pointed out that in 1987, the ordinance provided no option of applying for a conditional use permit for shale mining. Mr. Lawrence noted that the Division of Mineral Mining (DMM), a part of the Virginia Department of Mines, Minerals, and Energy, has conducted annual inspections of the shale mining operation since 1987. He said that the mining inspector for our area, Mr. David Cress, has confirmed that Mr. Wilson's mining operation has continually been in compliance with the DMM over the past 14 years. Mr. Lawrence reported no adverse comments from any of the reviewing agencies, however, the Virginia Department of Transportation (VDOT) has stated that entrance requirements would need to be satisfied and site distance issues would need to be resolved. Mr. Lawrence said he spoke with VDOT representative, David Heronimus, and the site distance issues have been resolved and they are approaching resolution on the entrance conditions. Mr. Lawrence stated that the Planning Staff has received a number of citizen calls and has received one petition of opposition. Both the citizen calls and the petition were concerned with personal safety, the condition of Airport Road, and the condition of bridges along Airport Road. In response to those concerns, Mr. Lawrence said VDOT has confirmed that the bridge east of the site on Airport Road has been designed to accommodate 57 tons, which would be able to accommodate trucks from the site; the bridge west of the site on Airport Road was designed to accommodate 30 tons, which is questionable for handling trucks from the site. He said that the Planning Staff has recommended that trucks using the shale mining facility exit towards the east. Regarding the road itself, he said that VDOT believes the road is capable of handling the short distance traffic generated by the operation; he stated that VDOT is aware that tractor trailer traffic and other truck Frederick County Planning Commission Minutes of June 6, 2001 Page 673 -3 - traffic may be cutting through this area by way of Route 50, mistakenly believing it is the route to the Airport Business Center. He said that VDOT will be posting directional signs on Route 50 for traffic to continue on Route 50 to Victory Lane. They will also post signs exiting the Airport Business Center area directing traffic to make a left on Victory Lane to get to Route 50. Vice Chairman Thomas inquired ofthe staffifan opinion from the County's legal counsel was sought regarding whether or not this use could be considered "grandfathered" since it has been in operation for the past 14 years. Mr. Lawrence replied that the County's attorney reviewed the 1987 letter to Mr. Wilson from the Planning Department and determined that a "temporary use" was not appropriate and Mr. Wilson would have to go through the conditional use permit process. Mr. Wyatt remarked that the operation of shale mining in the Rural Areas District has never been a "permitted" land use. He said that it is now listed as a land use that will be allowed only with the issuance of a conditional use permit; therefore, there is no "vesting" or "grandfathering," or "legally nonconforming" use because it has never been a "by -right" use. Mr. S. Blaine Wilson, the co -applicant and co-owner of the property, said that in the 14 years he has been in operation, he has not received a single complaint from any of his neighbors. Mr. Wilson said that so far this year, there have been four days that trucks have been in and out of the area. Mr. Wilson added that he does not operate the excavation equipment; contractors will come in on their own, excavate, and haul away what they need. Mr. Wilson stressed the fact that the DMM inspector has the authority to close down his operation if it does not meet standards; the DMM controls his entrance road, the dust, the water, how much is disturbed, how much is reclaimed, and when the reclamation bond is released. Vice Chairman Thomas called for public comments and the following persons came forward to speak: Ms. Tammy Symons, 1937 Airport Road, said that she has counted 40 truck trips up and down Airport Road everyday of the week, including weekends. Ms. Simons was concerned about the dirt, the noise, the speed of the trucks, and the safety of other motorists and pedestrians. Ms. Symons said that Airport Road is 16 -foot wide with two major blind spots; she said that on numerous occasions, vehicles have been run off the road. Ms. Symons said she was told that a school bus had been run off the road. Ms. Symons inquired if it was possible for Mr. Wilson to have the trucks access his sight from another location. Mr. Gary O. VanMeter, an adjoining property owner at 1544 Airport Road, said that Airport Road is only 16' to 17' wide and is too narrow for truck traffic. Mr. VanMeter preferred the trucks use Parkins Mill Road because it was wider, not nearly as curved as Airport Road, the visibility was better, and it had accessibility to Route 50 and Route 522. Mr. Christopher Fauver, 1919 Airport Road, was concerned about the safety of his children. Mr. Fauver was of the opinion that since Mr. Wilson had substantial road frontage on Parkins Mill Road, that trucks should access the shale mining by that route instead of Airport Road. Mr. Fauver said that he also was present to speak as a representative for the Isaac Walton League of Winchester. Mr. Fauver said that they have been noticing considerable mud in their lake and since it is within the same hollow as the shale mining operation, members of the Isaac Walton League were concerned the runoff was coming from the shale mining operation. Frederick County Planning Commission Minutes of June 6, 2001 Page 674 -4 - Mr. Nickson Turner, an adjoining property owner at 1810 Airport Road, said that his property was the main access point for the shale pit. Mr. Turner said that when shale mining is in process, he can not get in and out of his driveway and a bottleneck is created by trucks waiting to turn in. He said that trucks continually damage his lawn and driveway; he has relocated his mailbox because the tractor -trailer trucks could not make an eastbound tur��. Mr. Turner was concerned about safety on Airport Road because of the speed at which the trucks travel. Mr. Turner said that he has observed up to three weeks of continuous activity on one of the heavier hauling periods, with literally 1,000 or more loads of earth being moved from sun -up until 5:00 p.m. Mr. Herman Lee Fauver, 1915 Airport Road, said that he has counted at least 70 trucks exiting the shale mining operation in one day. Mr. Fauver said that Airport Road is not wide enough to handle 10 -wheel dump trucks. Mr. William Hoogeveen, 1811 Airport Road, said that the creek that goes through his property towards Route 50 has become polluted. Mr. Hoogeveen believed the bridges along Airport Road were not in good condition and would not be able to handle the weight of 47 -ton trucks. Mr. S. Blaine Wilson returned to the podium to address some of the citizen comments that were made. Mr. Wilson said that to his knowledge, no hauling is carried out on Sundays and he would be happy to contact the haulers to ensure this. Regarding access to Airport Road, Mr. Wilson said that he could not deny truckers the use of a road when they pay road, fuel, and personal property taxes to use it. Regarding the suggestion that the site be accessed via Parkins Mill Road, Mr. Wilson explained that besides it being impractical, for the past ten years that side of his property was nulled and shale was hauled out on Parkins Mill Road. He said that on this side of the property he is currently milling, he has a 30' right-of-way available. Mr. Wilson commented that he would survey and fence -in the right-of-way so that trucks stay within the right-of- way. Regarding the insinuation that pollution may be coming from his site, Mr. Wilson said that he has been in compliance with the DMM for the past 14 years and the DMM is very strict in their requirements. He added that the DMM classifies his operation as "intermittent" because the shale and hauling is not conducted on a regular, daily basis. Commissioners commented that this shale mining operation has been conducted for the past 14 years and there is not likely to be anything different occurring, as a result of this CUP, than what has taken place in the past. It was pointed out that this CUP will allow Mr. Wilson to be in full compliance of County regulations. Commissioners also pointed out that the concerns of the neighbors seem to deal more with the truck traffic on Airport Road, rather than the shale mining operation itself It was noted that the Commission relies on VDOT for road width issues, safety issues, and traffic issues and the applicant could not be held responsible for the driving conduct of truck drivers after they leave his site. Some Commission members believed that Mr. Wilson should look into the possibility of accessing the shale site from Parkins Mill Road, rather than Airport Road, as a compromise to the neighbors. They also encouraged the applicant to work with those neighbors who share the gravel right-of-way. Mr. Reyes remarked that if school buses are being run off the road, it is incumbent upon Frederick County to bring it to VDOT's attention. Frederick County Planning Commission Minutes of June 6, 2001 Page 675 -5 - Vice Chairman Thomas encouraged citizens to contact the Sheriffs Department when they witness speeding or safety problems along the road. Upon motion made by Mr. Morris and seconded by Mr. Unger, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #01-01 of S. Blaine Wilson and Keith A. Wilson for shale mining on properties located at 881 W. Parkins Mill Road with the following conditions: All review agency comments and Frederick County Zoning Ordinance requirements, including the EM District requirements applicable to this site, shall be complied with at all times. 2. A state mining permit shall be kept current as required by the Code of Virginia. 3. No commercial mining operation shall occur until an approved VDOT entrance is constructed. 4. No vehicular traffic involved in the shale mining operation shall travel on Airport Road west of the site's entrance. A schematic plan illustrating the current conditions ofthe subject properties shall be submitted to the Planning Department within 30 days of approval of the Conditional Use Permit. A site plan must be submitted to and approved by the County prior to further expansion of the shale mining operation. This recommendation was approved by the following vote: YES (TO APPROVE): Triplett, Thomas, Light, Morris, Unger NO: Fisher, Kriz, Watt ABSTAIN: DeHaven, Wilson (Mr. Ours was absent for this vote.) Vice Chairman Thomas turned the conduction of the meeting back over to Chairman DeHaven. Frederick County Planning Commission Minutes of June 6, 2001 Page 676 aM, Conditional Use Permit #06-01 of Randall E. Kump for a welding business. This property, zoned RA, is located at 715 Pine Top Road and is identified with P.I.N. 47 -A -2B in the Back Creek Magisterial District. Action -Recommended Approval wits; Conditions Mr. Jeremy F. Camp, Planner II, read the background information and review agency comments. Mr. Camp stated that the applicant would like to use his existing two -car garage for his workshop. He said that the property is screened from adjoining properties by the topography and dense woodlands. He added that the applicant informed the staff that he has subcontracted several small jobs in the past to augment his income, but would now like to work full-time at his business. Mr. Camp further added that the operation is not a permitted use in the RA Zoning District without an approved conditional use permit. He next read a list of recommended conditions, should the Commission find the use appropriate. Mr. Randall E. Kump, the applicant, was present to answer questions from the Commission. Commission members believed it was too restrictive not to allow Mr. Kump to do welding outside the confines of his garage because he was located 185 feet from the road in the Gore area and considerably isolated from other uses. Commissioners believed that if Mr. Kump had a large project to weld, he should be able to do it in his driveway without disturbing anyone. Chairman DeHaven called for citizen comments, but no one came forward to speak. Upon motion made by Mr. Unger and seconded by Mr. Triplett, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #06-01 of Randall E. Kump for a Cottage Occupation for a Welding Shop at 715 Pinetop Road with the following conditions: All review agency comments shall be complied with at all times. 2. Any outdoor storage must be kept within 15 feet from the existing garage, and must be fully screened from adjoining properties and roads. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed (4) four square feet in area. A sign permit will need to be issued by the County Building Inspections Department prior to the placement of a sign. 4. Any expansion and/or change of use shall require a new CUP. Frederick County Planning Commission Minutes of June 6, 2001 Page 677 -7 - PUBLIC MEETING Subdivision #13-01 of Lands of Winchester North, Inc. and Brentwood Investment Company for a subdivision and boundary line adjustment to create three lots from lands totaling 7.0959 acres. This property, zoned B2, is located off of I-81, Exit 317, at the intersection with Martinsburg Pike (Rt. 11) and Welltown Road (Rt. 661), and is identified with P.I.N.s 43 -A - 50A and 43 -A -52A in the Stonewall Magisterial District. Action - Recommended Approval Mr. Patrick T. Davenport, Zoning and Subdivision Administrator, read the background information and review agency comments. Mr. Davenport reported that the proposed subdivision and boundary line adjustment will establish three lots: 3.384 acres, 1.5347 acres, and 2.1772 acres. He said that Parcel 43 -A -50A will retain state road frontage along Martinsburg Pike; Parcel 43 -A -52A will retain frontage along Welltown Road; and the new Parcel 43-A 52C will have state road frontage on Welltown Road and Mercedes Court. Mr. Davenport added that the applicant has satisfied all review agency comments associated with the subdivision proposal. Mr. Richard A. Edens of Greenway Engineering was present to represent the subdivision application. There were no citizen comments regarding the proposed subdivision. No issues of concern were raised by the Commission. Upon motion made by Mr. Light and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Department does hereby unanimously recommend approval of Subdivision #13-01 of Lands of Winchester North, Inc. and Brentwood Investment Company for a subdivision and boundary line adjustment to create three lots from lands totaling 7.0959 acres in the Stonewall Magisterial District. Frederick County Planning Commission Minutes of June 6, 2001 Page 678 -8 - DISCUSSION ITEMS DISCUSSION ON THE PROPOSED MS (MEDICAL SUPPORT) DISTRICT No Action Mr. Evan A. Wyatt, Planning Director, stated that on May 24,200 1, the Development Review & Regulations Subcommittee (DRRS) incorporated many of the comments made at the May 163 2001 Planning Commission meeting into the draft ordinance and he provided the Commission with a copy of the most recent proposal. The Commission and staff proceeded to discuss the land uses proposed and/or eliminated for the Medical Support (MS) District in order to finalize this subsection of the draft ordinance. The Commission and staff next discussed the design standards for the proposed MS District. Mr. Wyatt said that the DRRS will be meeting again on June 28, 2001 and the goal of the committee is to put the draft ordinance into a final format. He said this will be brought back to the Commission in the near future, possibly the Commission's second meeting in July. DISCUSSION ON SECTION 165 -31B(7) -WOODLANDS DISTURBANCE No Action Mr. Evan A. Wyatt, Planning Director, stated that the Development Review and Regulations Subcommittee (DRRS) was asked to revisit the issue of woodlands disturbance allowances. He said that the concern lies primarily with RP (Residential Performance) District land that is heavily wooded and the associated woodland disturbance allowances for this land. Mr. Wyatt said that the Planning Staff is proposing a two -phased approach to address the issue with the first phase providing a waiver provision and the second phase would be the development of a detailed ordinance that would be equitable for an RP parcel that has minimal woods as opposed to one that is heavily wooded. Mr. Wyatt presented a proposed text amendment recommendation, along with some of the issues and concerns pertaining to the second phase to the Commission for discussion. The Planning Commission discussed the definition of woodlands and the current trends of RP development. A comment was made that the current ordinance encourages developers to clear-cut the site ahead of time. Although a waiver provision in the RP was still desirable, the Commission's preference was to develop an innovative approach whereby developers could realize increased sale values by preserving woodlands. Possible approaches discussed were "replanting schemes," "sliding scales," and "master planning to perpetually preserve wooded areas." Mr. Wyatt said that the Planning Staffwould relay the Commission's preferences to the Board of Supervisors and determine how the Board would like the Commission to proceed. Frederick County Planning Commission Minutes of June 6, 2001 Page 675 ADJOURNMENT unanimous vote. ti No further business remained to be discussed and the meeting adjourned at 9:45 p.m. by Respectfully submitted, Evan A. Wyatt, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of June 6, 2001 Page 680 PC REVIEW: 07/02/01 BOS REVIEW: 08/08/01 CONDITIONAL USE PERMIT ##09-01 ALKIRE'S GENERAL STORE (Martin Niessner, Jr.) LOCATION: This property is located at 9263 North Frederick Pike. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 06-A-77 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Alkire's General Store ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and B2 (Business General) District; Land Use: Residential and Commercial PROPOSED USE: Add restaurant space to existing general store. (See attached "Additional Comments Attached Page"from the applicant.) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The existing northernmost entrance does not meet VDOT minimum standards for egress. Minimum sight distance is not obtainable at this entrance. However, VDOT may support access from Rt. 694 as proposed in your current site plan presently under review. Fire Marshal: "Fire Lane No Parking" signs and markings required at all means of ingress and egress. Portable fire extinguishers are recommended. Requirements of Virginia Statewide Fire Prevention Code, Chapter 3 (copy provided). Plan approval is recommended. Inspections Department: Renovation shall comply with The Virginia Uniform Statewide Building and Section 303, Use Group A (Assembly), of The BOCA National Building Code/1996. Note section 1110.2. 1, exception #1 (ADA 20% rule for renovations) ofBOCA. Permit shall be applied for the change of use of the area. The floor plan submitted for permit Alkire's General Store, CUP #09-01 Page 2 June 22, 2001 application shall be sealed by a licensed Virginia Architect/Engineer. Please note Section 110.1.3 of The VUSBC for the requirements of asbestos inspection prior to renovations. Health Department: See attached memo dated June S, 2001. Planning and Zonigg: The existing Alkire's General Store is a legally non -conforming use. The application for the Conditional Use Permit (CUP) is to add a restaurant function within the existing building. No exterior alterations to the building are being proposed. Approximately half of the existing store is being proposed to be converted into a restaurant which would contain six tables with 24 seats. Chapter 165-140 Section C of the Frederick County Zoning Ordinance states that "A non -conforming structure or use may be expanded or modified only if such expansion or modification will not result in an increase in the degree of nonconformity." It is the opinion of staff that the proposed modification increases the degree of nonconformity; therefore, a CUP is required to establish this use. An adjacent property, Zoned B2 (Business General) contains a gasoline service station with retail food and drinks service, and six tables to accommodate a restaurant serving pizza and sandwiches. An inspection of the property revealed that the parking area is not delineated by striping or wheel stops. For the proposed restaurant space of 1,040 square feet, the Zoning Ordinance requires that 11 spaces are to be provided (one space per 100 sq. ft. area). The remaining retail portion of the store containing approximately 1,470 square feet requires eight additional spaces (one space per 200 sq. ft. of area). Two parking spaces can be allowed at either side of the two-sided fuel pump. The total parking spaces required for the proposed end use would be 19. The parking area does not appear to be adequate for the proposed 24 -seat restaurant addition, nor do adequate travel aisles exist on-site. Two of the review agencies have indicated some concerns with this CUP application. The Department of Transportation comment revealed that the northernmost entrance does not meet minimum standards for sight distance due to topography. VDOT has indicated their preference to use Route 694 (Cumberland Trail Road) for egress from the site. The Health Department provided an evaluation for a sewage disposal system which may accommodate fewer seats than what is being proposed in the restaurant. Also, the Health Department has indicated that the current existing sewage disposal system has not been evaluated and that a public water supply may be required. STAFF CONCLUSIONS FOR THE 07-02-01 PLANNING COMMISSION MEETING: The proposal addition of a restaurant facility within the existing Alkire's General Store would not be a detriment to the surrounding properties or the character of the district. Staff is of the opinion that currently, the application for this CUP has not adequately addressed the requirements to attain approval. The proposed addition of a restaurant facility within the Alkire's General Store, CUP #09-01 Page 3 June 22, 2001 existing Alkire's General Store has several issues summarized above which should be addressed before the CUP application is approved. Should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: 1) All review agency comments and requirements must be complied with at all times. 2) A site plan shall be approved by Frederick County and all site improvements completed prior to the use of this property Ias a restaurant. 3) Appropriate parking and maneuvering areas shall meet the requirement of Section 165-27 of the Frederick County Zoning Ordinance. Parking and maneuvering areas shall be improved to contain asphalt, striping and concrete wheel stops. 4) The sewage disposal and water supply system must meet all applicable Health Department regulations. Modifications to these systems (if necessary) must be completed prior to the use of this property as a restaurant. 5) Any change of use or modification will require a new CUP application. 0:Agendas\C0MMENTS\CUP's\2001 Wlkires.wpd s SIMMERS ,I 06 7 4 V\\r rr 06 1 B OE 1 \A j " ' r SHERMAN 06 7 5 �e a ; ,, 106 77JI L,k -- A ALK REQ 06 A 75D 06 A 77 CROSEN � 69 06 A 75C d Tail Rd Cumberlanr _ - _-- _ - 1 HOLTZMAN FAMILY T HAMILTON 06 A 751 06 61 1/ YOST 06 A 75H CUP#09-01 Location Map For: Martin Messner Jr. (Allure's General Store) PIN: 06-A-77 Office of Mapping and GIS, 06/01, ALFrav I,/ y CUP#09-01 Location Map For: Martin Messner Jr. (Allure's General Store) PIN: 06-A-77 Office of Mapping and GIS, 06/01, ALFrav I,/ Lord Fairfax Environmental Health District 107 N. lent St. P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3430 FAX (540) 722-3479 Counties of- Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester To: Marty Niessner From: Doug Dailey, Frederick -Winchester Health Department Through: Steve Lee, Environmental Health Supervisor Date: June 5, 2001 Subject: Request for Conditional Use Permit Comments Alkires Store; Tax Map # 6-A-77 A site for a sewage disposal system has been located by this office on or partly on parcel 6 -A -75D. The site will accommodate a water use of 2036 gallons per day using a low pressure system and a low pressure shallow placed reserve area. Appropriate pretreatment (to secondary standards) and a certified wastewater treatment operator must be provided for the above specified water use, but those requirements may be avoided if a reserve area of 100% is provided and a certified engineer determines through a wastewater characterization analysis that the effluent will meet "septic tank effluent" standards as defined in the Sewage Handling and Disposal Regulations (page 6 of 87). The water use noted above will not accommodate Mr. Niessner's proposal for 24 restaurant seats since the regulations require 100 gallons per day per restaurant seat. In addition water use for employees (25 gpd each) and convenience store patrons @ 10 gallons per vehicle must also be provided. The system must be designed as a mass sewage disposal system as per current regulations and policies by a certified professional engineer licensed to practice in Virginia. According to Mr. Neissner, an existing sewage disposal system now serves the existing store. This system may not be approved for use by this office unless a permit and record of inspection for the system is submitted, or if the construction and soils adjacent to the system meet the requirements of the current regulations. A public water supply may be required. CONDITIONAL USE PERMIT #09-01 Submittal Deadline_c4-01 P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FDELE�ll ICCOUNTY, VVVL\i l, INIA V.LL%�i L.L14 oe 1. Applicant (The applicant if the owner other) NAME: �A N)7 &GS K e¢, , ADDRESS : Z0 g6 m o'� i C" r -re -A- e r %- c TELEPHONE 0, 7`r ? - 36S -'O zZ Czs 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 nu outenumber of your road or street) 9263 k6pfL' r"-e-jPs`iCL i"�-e- - 6-2-2- rt c, T ;-no,,M 0 r'v-CL$l-o� 4. The property has a road frontage of ILA 30 feet and a depth of 3&0 feet and consists of 1,,x"7 acres. (Please be exact) 5. The property is owned by �,��r„ ci,,� �c,a-a-� �ltreas evidenced by deed from �,�,,� �,�� trite„` recorded (previous owner) in deed book no. 43(, on page �0Z- , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 6(LOCOAOC)O000 `7`7 Magisterial District(,i Current Zoning PA e- 7. Adjoining North East South West Property: USE C 0 --Z 2 ZONI P, h CNG RECEIVE[ jUN o s 2001 DEPT. OF PLANNINGIDEVELOPMENT A- C1L',Ot 4. The property has a road frontage of ILA 30 feet and a depth of 3&0 feet and consists of 1,,x"7 acres. (Please be exact) 5. The property is owned by �,��r„ ci,,� �c,a-a-� �ltreas evidenced by deed from �,�,,� �,�� trite„` recorded (previous owner) in deed book no. 43(, on page �0Z- , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 6(LOCOAOC)O000 `7`7 Magisterial District(,i Current Zoning PA e- 7. Adjoining North East South West Property: USE C 0 --Z 2 ZONI P, h CNG RECEIVE[ jUN o s 2001 DEPT. OF PLANNINGIDEVELOPMENT 8. The type of use proposed is (consult with the Planning Dept. before completing) -M ('-CW ,�-��" -- C-�" 7 9. It is proposed that the following buildings will be constructed: NA - 10. A 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: AME1��,��A��� Ca��� ADDRESS VA 27-S- PROPERTY ID161zC0001CCCc6AQ /AME ADDRESS PROPERTY ID# �NAMES s�ci-(s?Ci PQ ADDRESS PROPERTY ID-`1)6000DA4000 AJ, 54-r—a?c-4 �a ,`•��s-� �s , Z Zia � PC>, Box 4 N -V. .L,,VNAME ADDRESS PROPERTY ID# NAME ADDRESS 74� PROPERTY ID# o6' A -75,D NAME Ce , ofog tr L W,6eol © ADDRESS_ 271 :Jor j Volle z '. m PROPERTY IDI ® A - 73- C NAME to 46�Yel?, fl?0,3 c i 4J 'rt ADDRESS �. 1 �%. FrfW _Pif4Cyot; Y PROPERTY ID# 06—I NAME �d�i id�'1�i3W , f 011AO� A ADDRESS PROPERTY ID# f� "' 12 . Additional comments, if any: r (2-0 f,,rn�,t-� -- `(� Pte ` - + S C-7 L) V- O c.."CL) 1 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. Signature of Applicant Signature of Owner Owners' Mailing Address P,reeke,,--ck Owners' Telephone No. J` 'YO F -77q-- 3 4 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: ADDITIONAL COMMENTS ATTACHED PAGE It is our intention to purchase this community country store and breathe new life back into it. The existing store currently operates as a grocery store with some prepared food. Our goal is to provide a place where people can gather and eat a limited food menu. After reviewing the comments from the different county areas, it has been ,brought to our attention there are several ways of accomplishing this goal. Because' there may be a significant financial investment, specifically where there are septic and wastewater issues, we are asking for a consideration of "up to 24 seats".- Because we have more options when operating with fewer than 24 seats, we may like to pursue those, if practical. We feel this is an excellent opportunity to revive the charm of one of the few "General Stores" still. surviving in our community. We have had a home in Cross Junction since 1994 and feel there is a real need for a community based gathering place where families can treat themselves to a restaurant prepared meal without traveling 15 or more miles to Winchester or Berkley Springs. We are looking forward to positively impacting our neighborhood and its visitors. We hope this forum will grant us the conditional use permit to allow an eating establishment at 9263 North Frederick Pike in Cross Junction, Virginia. r�- Z -Ir 1�-- EXISTING STORE LAYOUT PROPOSED USE AS SUBMITTED BY MARTY NIESSNER FOR ALKIRES GENERAL STORE THIS ENTIRE BUILDING IS EXISTING. WE WOULD LIKE TO TRANSFORM A PORTION OF THE STORE INTO AN AREA WHERE PEOPLE CAN SIT AND EAT AND A FOOD PREPARATION AREA. file: HQ: \Patrick\Alkiers G S 5.jpg 6/20/2001 ,/ Page 1 of 2 Ivt r :iy 11" r� 1 , t { f 6/20/2001 ,/ PC REVIEW: 07/02/01 BOS REVIEW: 08/08/01 CONDITIONAL USE FERC"iTi #08 -01 RODNEY LYNN HOFFMAN Cottage Occupation - Welding Shop LOCATION: This property is located at 1339 Ebenezer Church Road MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 18 -A -69C 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 vacant PROPOSED USE: Cottage Occupation for Welding Shop REVIEW EVALUATIONS: Virginia Dept. of Transportation:- The application for a conditional use permit for this property appears to have minimum measurable impact on Route 705, 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 commercial standards. Fire Marshal: Requirements of the Virginia Statewide Fire Prevention Code, Chapters 22 and 27. Portable fire extinguishers are recommended (copies provided). Plan approval is recommended. Inspections Department: Existing building shall comply with The Virginia Uniform Statewide Building Code and Section 306, Use Group F (Factory), of The BOCA National Building; Code/ 1996. Other codes that apply are CABO Al 17.1-92, Accessible and Usable Buildings and Facilities. Please submit a floor plan of the existing building for review at the Rodney Lynn Hoffman, CUP #08-01 Page 2 June 22, 2001 time of change of use permit application. Permit shall be issued, inspections approved and a new certificate of use and occupancy issued prior to operation. Health Department: The Health Department has no objections to the welding shop as long as it is not creating extra wastewater. Planning and Zoning: The Frederick County Zoning Ordinance allows cottage occupations in the Rural Areas (RA) Zoning District with an approved Conditional Use Permit (CUP). The subj ect application is a request to allow a welding business as a cottage occupation in the RA Zoning District. Mr. Hoffman describes his proposal for welding operations as a part- time business which would be in operation mainly in the afternoon and early evenings. Mr. Hoffman's welding services would include having customers bring items to the premises for repair and traveling offsite to repair other items. There are no plans to sell miscellaneous items in a retail manner. The subject property consists of 5.2 acres and is approximately two miles from the intersection of Ebenezer Church Road with North Frederick Pike (Rt. 522). The area where the applicant will be conducting the welding operations would be screened from the roadway and adjoining properties by the local topography and natural vegetation. In the application package, the applicant has sketched the location where the welding operations are to occur. Upon inspection of the site, several vehicles (possibly inoperable) were noticed on the premises. Mr. Hoffman has explained that two of the cars are used for racing and the other vehicles are used for spare parts. Also noticed on the property were scattered mechanical and agricultural equipment and other items which could be considered junk or debris. Mr. Hoffman also explained that this equipment is being used actively or for parts. In the RA District, the Zoning Ordinance allows up to five inoperable vehicles to be kept on a property so long as they are screened from surrounding properties and road right of way. The Zoning Ordinance also requires that junk and debris be properly stored or disposed of. The inoperable vehicles and any ofthe other items should be disposed of if not being used for their intended purpose. STAFF CONCLUSIONS FOR THE 07-2-01 PLANNING COMMISSION MEETING: Staff is of the opinion that the application for this CUP has adequately addressed the requirements of the Zoning Ordinance. The welding business will have negligible impacts upon the adjoining properties or the motorists passing the site along Ebenezer Church Road. The proposed welding operations should not be of adverse impact upon surrounding properties and the application is considered favorable by all review agencies. Staff is recommending the comments below to help prevent future problems that may arise with the business. Rodney Lynn Hoffman, CUP #08-01 Page 3 June 22, 2001 Should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: 1) All review agency comments and requirements shall be complied with at all times. 2) The hours of operation should be limited from 9 a.m. to 9 p.m., Monday through Saturday. 3) No retail sales should be permitted on the property. 4) Compliance with the Chapter 165-47 of the Zoning Ordinance regarding inoperable motor vehicles and trash storage. 5) All materials and supplies used for the welding operation must be kept indoors. 6) In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed four square feet in area. A sign permit must be issued by the County Building Inspections Department prior to the placement of a sign. 7) Any expansion or change of use shall require a new CUP. 0:\Agendas\COMMENTS\CUP's\200I \RodneyHoffman.wpd 18OA MAN HOFFMAN 18 A 69E 18 CUM8-01 Location Map For: Rodney L. Hoffman IN. 18 -A -69C 4 C17- . Office of Mapping and GIS, 06/01, Agray Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: !,' - n e j -.r ADDRESS: ,/.S3� f7_!e 0/4 TELEPHONE S'10 5S k h?_- 35-/ 2. Please list all owners, occupants, or parties in interest of the (1 property: / 3. The property is located at: (please give exact directions and include the route number of your road or street) 1335 C/u,-�.� Ca ►-C V/1 X 2- C, ?) 4. The property has a road frontage of �w feet and a depth of Sod feet and consists of s.� acres. (Please be exact) 5. The property is owned by �r,,,rF /�/ �� as evidenced by deed from ,e-r'�ide J�r�'�,rc ^s r, recorded previous owner) in deed book no. on page ,3:;,�­l as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 67 G Magisterial District-x���ees�*-© Current Zoning ,!� 7. Adjoining Property: USE ZONING North East South , West C., -t,— lv - „r 8. The type of use proposed -is (consult with the Planning Dept. before completing) (4's -C S1rQ 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 �� V\0 ADDRESS PROPERTY ID,I 19 / f `O NAME �4.We t 11, [d 6 f-rrq t ADDRESS PROPERTY ID# — NAM—C ADDRESS PROPERTY IDS` i S A 6ci— F NAME 4-iSADDRESS PROPERTY ID# iRA 0 NAME ADDRESS PROPERTY ID,if PROPERTY IDI NAME PROPERTY ID# NAME PROPERTY IDI ADDRESS ADDRESS ADDRESS L'33ri z Leh.eu., Ga r� V 1k / 33ci GO ,<- UA S Arrti.� S Ara. II. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. �t `)ds LL c J �V-� a D 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 property where the proposed use will be conducted. Signature of Applicant Signature of Owner 'ZI WAMI Owners' Mailing Address VIJ 9 c41, c f Owners' Telephone No. 5-311 - 3 s/Cr TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 0 r. u PC REVIEW DATE: 07/02/01 BOS REVIEW DATE: 08/08/01 REZONING APPLICATION #05-01 TIMOTHY W. JOHNSON To rezone 1.89 acres from RA (Rural Areas) to B3 (Industrial Transition) LOCATION: This property is located at 4489 Martinsburg Pike, 2.1 miles north of Clearbrook on the west side of Martinsburg Pike (Route 11). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 33-A-92 and 33-A-93 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Church/Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District Use: Vacant Zoned M2 (Industrial General) District Use: Vacant South: Zoned RA (Rural Areas) District Use: Residential East: Zoned RA (Rural Areas) District Use: Residential West: Zoned RA (Rural Area) District Use: I-81 Zoned B3 (Industrial Transition) District Use: Vacant PROPOSED USE: Automotive Repair REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application to rezone this property appears to have minimal measurable impact on Route 11, 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, Timothy W. Johnson #05-01 Page 2 June 21, 2001 drainage features, and traffic flow data from the ITE 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. Fire Marshal: "Fire Lane No Parking" markings & signage required outside of designated parking spaces. Requirements of the Virginia Statewide Fire Prevention Code Chapter 14, Chapter 32, Section F-3206 and referenced NFPA Standards and building codes. Frederick -Winchester Health Department: See the attached memo to Greenway Engineering dated 4130/01. County Engineer: The development of the subject site will require the acquisition of a drainage easement on the north side if a point source discharge is created to control storm runoff. Building Official: No comment required at this time. Shall comment at the time of site plan review. Frederick County Public Schools: No direct impact on Frederick County Public Schools. Parks & Recreation: No comment. Historic Resources Advisory Board: The property proposed for rezoning is not located within the proximity of any potentially Significant Historic Property or any Property Potentially Eligible for the State and National Register of Historic Places as identified in the Frederick County Rural Landmarks Survey. County Attorney: Proffers appear to be in proper form; it is generally more acceptable to proffer "out" uses than proffer them in. Sanitation Authori : We do not serve this area. Planning & Zoning. 1) Site History The original Frederick County Zoning Map (U.S.G.S. Inwood Quadrangle) depicts the zoning for the two parcels which comprise the proposed rezoning as A-2 (Agricultural General) District. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the County's Zonin Ordinance. Timothy W. Johnson #05-01 Page 3 June 21, 2001 The two parcels which comprise the proposed rezoning are identified by Property Identification numbers 33-A-92 and 33-A-93. The cumulative acreage for the two parcels which comprise the proposed rezoning is 1.89 acres. The proposed rezoning application calls for a zoning change to B3 (Industrial Transition) District. 2) Location The two parcels which comprise the proposed rezoning are located on the west side of Martinsburg Pike (US Route 11 North). The parcels are located approximately 2.1 miles north of Clearbrook, on the west side of Martinsburg Pike. Interstate 81, Exit 323 is located approximately %2 mile north of the site. Martinsburg Pike is classified as a major collector roadway. The parcels are within the County's Sewer and Water Service Area (S WSA) and are a component of the Northeast Land Use Plan which was adopted by the Board of Supervisors on September 27, 2000. This land use plan identified the subject parcels for business use. 3) Site Suitability The site is located on Martinsburg Pike (Route 11 North), approximately '/2 mile from Rest Church Road (Route 669). Interstate 81, Exit 323, is within a'/2 mile from the proposed site access point. Portions of Property Identification Number (PIN) 33-A-93 are located within the Duncan Run 100 -year flood plain. Although flood plain areas are located on the property, there remains a developable area outside of the flood plain. No flood plains have been identified on Property Identification Number (PIN) 33-A-92. Oaklet Loam covers approximately 90 percent of the site. Oaklet Loam has shrink/swell characteristics listed as high. The applicant has provided information which projects potential traffic impacts associated with the development of the 1.89 acres requested to be rezoned. This analysis utilizes average vehicle trip data from the Institute of Traffic Engineers Trip Generation Manual, 6r' Edition, Volume 1 (ITE) for Automobile Care Center Category 840. The applicant has projected potential traffic impacts assuming the average trip ends or vehicles per day (VPD) for weekday traffic of 3.0 VPD per 1,000 square feet of gross building area. The following projected potential traffic impact assumes the most intense weekday vehicle trips as a multiplier for the development of 4,200 square feet of automobile care center space. This projection suggests that there could be 13 VPD. The Average Annual Daily Traffic on Route 1 I in 1999 at this location was 3,800 vehicles. The projected traffic increase appears to have a Timothy W. Johnson #05-01 Page 4 June 21, 2001 minimal measurable impact on Martinsburg Pike (Route 11 North). The subject site will be served by a private water well, and sanitary sewer will be by on-site drainfield disposal. The utilization of on-site facilities for water and sewage disposal is appropriate, and will be necessary as the property is currently not served by public sanitary services. There are other nonresidential uses in the vicinity of the subject site which are currently utilizing private on-site sanitary systems. Therefore, it would be reasonable for the subject sites to utilize similar on-site systems. 4) Intended Use The applicant requests a rezoning to the B3 (Industrial Transition) Zoning District in order to construct an automotive repair facility on the property. Through the proffered conditions submitted with this application, the applicant has limited the potential uses on the property. Some of those permitted uses include: automotive services, self-service storage facilities, communication facilities, and building contractor offices and storage. 5) Potential Impacts The applicant has provided information which identifies that the land surrounding the subject site is utilized for residential and agricultural purposes (north, east, and south). Interstate 81 bounds the site's western property line. Further west of I-81 is vacant property currently zoned B3. Planning Staff Comment The Zoning Ordinance requires a buffer and screen between land used for commercial purposes and residential purposes. The minimum buffer distance required by the County is 100 feet, which requires the installation of a six -foot -high opaque screen such as an earth berm or a board -on- board fence, and landscaping which provides three evergreen and deciduous trees per ten linear feet. The developer is not permitted to situate structures within the 100 -foot buffer distance; however, accessory uses such as parking lots and maneuvering areas can be located within the initial 25 feet. The adjoining residential property to the east and south may be impacted by the proposed commercial land use depending upon the structural height, the location and placement of signage and lighting fixtures, and the location of parking and maneuvering areas. The Zoning Ordinance does not require that a buffer or screen be installed between land used for commercial purposes and land used for agriculture. Therefore, it will not be required that th, Timothy W. Johnson #05-01 Page 5 June 21, 2001 applicant establish a buffer against the property to the north. Without the buffer requirement, the building setbacks are established by the Zoning Ordinance to be 15 feet from side and rear property lines. 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: • List the permitted uses, rather than those prohibited. • No more than one entrance onto Martinsburg Pike. 0 Construct the necessary road improvements as warranted and determined by VDOT. • Establish a recycling program to implement waste reduction. 0 Provide a monetary contribution of $500 to the County to be utilized for fire and rescue services. STAFF CONCLUSIONS FOR 07/02/01 PLANNING COMMISSION MEETING: The 1.89 -acre site proposed for rezoning is located within the County's Sewer and Water Service Area, and is within the Northeast Land Use Plan. The Northeast Land Use Plan identifies the subject site for commercial uses, consistent with the application. While immediately adjoining properties include residential uses, other properties in the vicinity include industrial uses and zoning. The applicant has submitted a proffer statement which specifies the permitted uses, some of which include automotive repair, offices for construction contractors, and miscellaneous repair services. There are a number of residential uses on immediately adjacent properties, with the residential structures placed within 30 feet of the subject site. While the Zoning Ordinance will require the implementation of a buffer and screen, the applicant should consider additional methods to mitigate potential impacts that could be generated by business activities. Such mitigation efforts should address noise and visual impacts on adjoining properties. The applicant should be prepared to address the comments made by staff and review agencies during the review of this application by the Planning Commission and. the Board of Supervisors. O�\Agendas%COMNENTS\REZONING\StafFReport\2001\Timothy Johnson REZ.wpd OUTPUT MuOULE APPLICANT: PIN 33-A-92 & 93 Net Fiscal Impact LAND USE TYPE Business Costs of leaf t Credit INPUT MODULE Credits t�L Take REAL EST VAL $2,318,643 Required Total Potential Adjustment For (entered in Cur. Budget Cur. Budget Cap. Future CIP/ FIRE & RESCUE 1 Capital Faciltiies col sum only) QpQr Cap Equip Expen/Det tt Taxes. Other Tax Credits Revenue- Net Capital Net Cost Per OL adjusted) Cost Balance F cilities_Impact Dwelling Unit Fire and Rescue Department $18,584 Elementary Schools $p $0 $0 $18,584 ERR Middle Schools $0 $0 $0 $0 High Schools $0 $0 ERR Parks and Recreation$0 Public Library $p $0 $0 $0 ERR Sheriffs Offices$0 $708 $0 $0 $0 $0 $708 $0 $708 $0 ERR Administration Building $0 $0 $0 ERR Other Miscellaneous Facilities $0 $8,209 $1,652 $0 $9,861 $0 $0 ERR $9,861 $0 ERR SUBTOTAL $18,584 $8,918 $1,652 $0 LESS: NET FISCAL IMPACT $1,383,770 $10,570 $10,570 $8,015 ERR NET CAP. FACILITIES IMPACT—�0 $1,383,770 $1,383,770 ($1.383.770) ERR ERR INDEX: "1.0" If Cap. Equip Included: 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 -------------------------------------- ------------------ Ratio to Co Avg = 1.433 ---------------------- --------------------------- ---------------- THODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the ----------------------- ----------------------- ------------------------ ------------------------- model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). 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 Model Run Date 6/21101 ERL -------------------------------- ------------------- P.I.N. 33-A-92 & 93 Rezoning: Assumes 35,623 sq.ft. retail use on 1.89 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. Lord Fairfax Environmental Health District 107 N. Kent St. q �fl�e P. O. Pox 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester To: Greenway Engineering From: Doug Dailey, Frederick -Winchester Health Department �fi Date: April 30, 2001 Subject: Rezoning comments; Parcels 33-A-92 & 93 The health department has no objection as long as the proposal complies with all requirements, conditions, and limitations specified in the Sewage Disposal System Construction Permit # 34852 dated 10/31/00. No driveway, road, or parking lot should be constructed or placed in use over the existing sewage disposal system which is apparently connected to the existing structure on Parcel 92. IMPACT STATEMENT FOR THE LAND OF TIMOTHY W. JOlPiS®N REZONING APPLICATI®N April 24, 2001 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Greenway Engineering April 9, 2001 1.__.ison Rezoning TIMOTHY W. JOHNSON IMPACT STATEMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the proffered rezoning of a 1.33 and .56 acre parcel owned by Timothy W. Johnson. The subject site, tax map parcels 33-((A))-93 (.56 acres) and 33-((A))- 92 (1.33 acres) is located 2.1 miles north of Clearbrook on Route I 1 (Martinsburg Pike). The current zoning is RA and Mr. Johnson proposes to rezone 1.89 acres to Industrial Commercial (33) in order to construct an auto repair shop. COMPREHENSIVE PLAN The district in which the proposed site is to be developed as an auto repair shop is zoned in an industrial transition district. It is in conformance with the Comprehensive Plan, Northeast Land Use Study, which states that industrial and business areas should be developed for areas around interchanges and along arterial highways and in the vicinity of the existing industrial sites. The subject site meets these issues and aids in maintaining a competitive market for Fredrick County. SITE SUITABILITY Access The subject property is strategically located off US Route 11. (Martinsburg Pike) and is approximately 1/2 mile south of Route 669. Interstate 81 interchange (the Clearbrook exit) is within .50 mile from the proposed site access point. The site will have a single access point, which currently exists servicing this property and the existing church building. The existing entrance will be upgraded to meet VDOT entrance standards. Flood Plains The subject site 33-((A))-92 is located on FEMA NFIP map # 510063-0075B and is classified as a Zone C Area. However, the proposed site 33-((A))-93 is within the "Duncan Run" floodplain, which is in a 100 -year flood plain, classified as a Zone A Area and runs through the northern portion of the property. The developable portions of the site are outside the 100 -year flood plain. Wetlands There are two soil types on the property, which are predominantly gently sloping. The Oaklet Loam covers 90% property. The soils iii this section are deep and well drained. The other National Wetlands Inventory Ma 2 indicates that parcel 93 is in the floodplain. However, parcel Greenway Engineering April 9, 2001 son Rezoning 92 does not have flood plains recorded in the NWIM. Any disturbance on either parcel will be in conformance with all United States Corps of Engineers permitting procedures. Soil Types The USDA Soil Conservation Service has obtained all information for the soil types on this site from the Soil Survey of Frederick County. The subject site is located on map sheet no. 19 and contains two different soil types: • Oaklet Loam covers approximately 901/e of the site • Frederick Poplimento Loam with rock outcropping covers approximately 10% of the site Construction Concerns Shrink swell characteristics of the predominant soil are listed as high. Approximately 90% of the site is Oaklet Loam, which is a soil with high shrinkwell characteristics. Utilities • Water service will be provided by private well. • Sewer services will be provided with the installation of an aquarobic treatment system for filter bed at a pre -approved location. See attached approval letter from Frederick County Health Department dated 10-31-00, with identification number 34852. • Electric is currently serviced on site. • Gas is not available. SURROUNDING PROPERTIES The following are the zones and uses of the surrounding properties. Name ofproperty_owner Adjoining Pro a Use Zoning Manual Dehaven North — 33-((A))-91 Vacant M2 Charles Cooke South — 33-((A))-94 Residential RA Darien Brandt South — 33-((A))-95 Residential RA TRAFFIC IMPACT The traffic projection for the proposed 4200 sf is as follows: Traffic projections have been taken from ITE Manual 6'h Edition, Automobile Care Center Category 840, the average trip ends or vehicles per day for weekday traffic is as follows: Category (840) 3.0 VPD per 1000sf gross of building area. Greenway Engineering April 1, 2001 )u.mson Rezoning DATA BLDG SF RATE TOTAL VPD EX. VPD on ROUTE 11 4200 3.0/1000 113 13800 This would yield 0.35% increase in traffic on Route 11. Traffic on Route 11 has been taken from VDOT, Traffic Division 1999 annual average daily traffic volume estimates by section of Route Frederick County Maintenance Area. WATER AND SANITARY SEWER Water will be provided by private water well and sanitary sewer will be by onsite drain field disposal. For (4) employees. See attached letter from Frederick County Health Department dated 10-31-00, with identification number 34852. DRAINAGE INCREASE FOR SITE ONLY Q = CIA Note: Area is calculated for total site drainage. Prop9sed Existing C=0.45 C=0.30 Iro=6.5 I5=6.5 A = 1.89 A= 1.89 Qio= 5.53 Qio = 3.68 Reference-VDOT Drainage Manual Development of the subject site at maximum buildout will therefore result in an increased 10 - year runoff of 1.85 cfs. A detailed stormwater evaluation shall be included with any site plan submittals. When development of the site requires it, detention will be built to control storm water discharge into Duncan's Run. By controlling runoff of the site, the impact of developing the subject site on Duncan's Run will be within acceptable limits. With this proposed rezoning the best approach is to implement quality filters using grass swales, gravel filters and some infiltration if soils allow. These methods will create detention by time delay and protect water quality of Duncan's Run. SOLID WASTE DISPOSAL Minimal impact is expected. This business will operate with a normal weekly trash pickup using a small container. An estimate of 2-4 tons per year should be expected. Recycling will be used for any metals products. The owner operator will also meet with the Frederick County Recycling Coordinator to implement other forms of recycling. 4 Greenway Engineering April 9, 2001 Ju _.,son Rezoning HISTORIC SITES AND STRUCTURES No historical sites are on or near property that could impede or interfere with subject site project. OTHER IMPACTS No additional impacts are foreseen by the proffered development of the subject site. L l ft --j RA 7zwl hU 20 SHILL k RA RG- -� _,3qq1 19 -�QLDEN 33A REAL Es - A rA7ZF -RE&05-01 KERNS 33-A--A- 17 Location ��p For: 33A A 17 Timothy W. Johnson IN 33- A - 92 33-A-93 W: I Office of Mapping and GIS, 06/01, A2rav is L l ft --j RA 7zwl hU 20 SHILL k RA RG- -� _,3qq1 19 -�QLDEN 33A REAL Es - A rA7ZF -RE&05-01 KERNS 33-A--A- 17 Location ��p For: 33A A 17 Timothy W. Johnson IN 33- A - 92 33-A-93 W: I Office of Mapping and GIS, 06/01, A2rav Greenway Engineering April 24, 2001 Revised May 9, 2001 REZONING REQUEST PROFFER PROPERTY ID NUMBER 33-((A))-92 & 33-((A))-93 Timothy W. Johnson Tien Johnson Pursuant to Section 15.2 - 2296 Et Seq., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve this rezoning application for the rezoning of approximately 1.89 acres from the Rural Area (RA) Zoning District to the Industrial Transition (133) Zoning District, 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 said code and zoning ordinance. 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 successors, heirs, or assigns. All previous rezoning proffers for the subject property are hereby superseded. The subject property is more particularly described as all of the land conveyed to Timothy W. Johnson by deed from John E. Bowers and Patricia R. Bowers dated August 19, 1999 of record in the Frederick County Court Clerk's Office in Deed Book 945 at Page 522. The subject property is further described by survey, attached to said deed, prepared by W. Stuart Dunn and dated June 6, 1996 and is purported to contain 1.89 acres. The exhibit and conditions proffered are as follows: 1. ALLOWED USES The following uses shall be permitted within the "B-3" zoning on the subject property: Office and storage facilities for building construction contractors, heavy construction contractors and special trade contractors Communication facilities and offices, including telephone, telegraph, radio, television and other communications Business services Automotive repair, services and parking Miscellaneous repair services Self-service storage facilities Business associations Public buildings Public utility distribution facilities [A SIC 15,16 and 17 48 73 75 76 861 Greenway Engineering April 24, 2001 Tim Johnson Revised May 9, 2001 Business signs -- Directional signs -- Building entrance signs -- 2. PROHIBITED USES All other uses shall be prohibited on the portion of the subject site zoned "B-3". 3. INGRESS/EGRESS The subject property shall have no more than one entrance on U.S. Route 11. 4. TRANSPORTATION Signage, turn lanes, and widening shall be installed as warranted and required by the Virginia Department of Transportation. The owner hereby agrees to pay for said improvements. 5. RECYCLING PROFFER Recycling programs will be implemented to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. This program will be reviewed and approved by the Frederick County Recycling Coordinator prior to final occupancy permit 6. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT The undersigned owners of the above-described property hereby voluntarily proffer that in the event 1.89 acres of the subject property, parcels no. 33-((A))-92 and 33-((A))-93, is approved for rezoning from Rural Areas (RA) zoning district to Industrial Transition (B-3) zoning district, the undersigned will pay to the Treasurer of Frederick County, Virginia, at the time the initial building permit is issued for said property, the sum of five hundred dollars ($500.00) for fire and rescue services. FA Greenway Engineering April 24, 2001 Tim Johnson Revised May 9, 2001 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the owner. In the event the Frederick County Board of Supervisors grant this rezoning and accept the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Property Owners By: A4 36 r Ti y W. hnson Tipp thy W. Johnson Commonwealth of Virginia City/County of FIZF-pF k t C,L,_, To Wit: The foregoing instrument was acknowledged before me this 30 n1day of M!� 2001 by TIM JoHN-<Dr1 Notary Public �X , My Commission Expires Ee bi?0r Z- Z 2-9 , 2604- . 3 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.- Zoning taff Zoning Amendment Number 0.5-01 Date Received PC Hearing Date ``7'-,2- C) 1 BOS Hearing DateX= T The following information shall be provided by the applicant: All parcel identification numbers, deed boob and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering_ Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above) Name: Timothy W. Johnson Address: 48 StoneHedge Bunker Hill, WV 25413 3. Contact person if other than above Name: Mark D. Smith, P.E., L.S., Telephone: (540) 662-4185 Phone: (540)229-0972 RECEIVED JUN 0 7 2001 DEPT. OF PLANNINGIDEVELOPMENT Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Plat X Deed to property X Verification of taxes paid X Agency Comments X Fees X Impact Analysis Statement 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: Timonthy W Johnson & One Valley Bank 6. A) Current Use of the Property: (Parcel 93) Vacant (Parcel 92) Church B) Proposed Use of the Property: 1.89 Acres B3 Industrial Transition District 7. Adjoining Property: Please see attached PARCEL ID NUMBER USE ZONING 33-A-94 Residential RA 33-A-91 Vacant M2/9A 33-A-95 Residential RA 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): 4489 Martinsburg_ Pike Clearbrook VA 2.1 miles North of Clearbrook on the wekt side of Rt. 11 S Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 33-((A))-92&93 Magisterial: Stonewall Fire Service: Stonewall Rescue Service: Stonewall Districts High School: Stonewall Middle School: Stonewall Elementary School: Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 1.89 RA B3 1.89 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Single Family homes: Non -Residential Lots: Office Retail: Restaurant: 300 sf Number of Units Proposed Townhome: Mobile Home: Square Footage of Proposed Uses Multi -Family: Hotel Rooms: Auto Repair Shop: 3900 sf Manufacturing: Warehouse: Other: 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: G i Owner(s): 14 Date: Date: l Date: Adjoining Property Owners Owners ofproperty adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office ofthe Commissioner ofRevenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Manuel Dehaven 1908 S. Loudoun Street Winchester, VA 22601 Property # 33-A-91 Name Darien R. Brandt 4273 Martinsburg Pike Clearbrook, VA 22624 Property # 33-A-95 Name Charles & Betty 1. Cooke 4481 Martinsburg Pike Clearbrook, VA 22624 Property # 33-A-94 Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # COUNTY of FREDERICK Department of Planning and Development MEMORANDUM TO: Frederick County Planning Commission 540/665-5651 FAX: 540/665-6395 FROM: Evan A. Wyatt, Planning Director RE: Interstate 81 Clearbrook Rest Area Public Water and Sewer Extension Request DATE: June 20, 2001 .. ... ............. ......... ..............:......................,....:.............................,.:........... The Virginia Department of Transportation (VDOT) has submitted a request for the extension of public water and sewer service to the Interstate 81 Clearbrook Rest Area. The Clearbrook Rest Area is located on the west side of Interstate 81 at mile marker 320. The Sewer and Water Service Area (SWSA) boundary is located directly across from the Clearbrook Rest Area on the east side of Interstate 81, and approximately two miles south of the Clearbrook Rest Area on the west side of Interstate 81. The VDOT request includes the extension of a 2%z -inch sewer force main from the Clearbrook Rest Area that would be located within the Interstate 81 right-of-way and connect to an existing grinder station directly across Welltown Road (Rt. 66 1) from Stonewall Industrial Park. Furthermore, the request includes the extension of an eight -inch water line from the Clearbrook Rest Area to the existing 10 -inch water main within the Martinsburg Pike (Rt. 11) right-of-way. This extension is proposed to occur through an easement that will be located on a parcel owned by Brown Lovett, Jr. The Comprehensive Plans and Programs Subcommittee (CPPS) considered this request on April 9, 2001. The CPPS was advised that the Frederick County Sanitation Authority (FCSA) would own the water line; however, the sewer force main line would be private. The eight -inch water line would allow for fire hydrants to be located at the Clearbrook Rest Area, while the private sewer force main would allow for a private package plant that is operating at 90% capacity to be taken off line. The package plant system is currently operating at 5,400 gpd. VDOT advised the committee that placing the sewer force main within the Interstate 81 right-of-way would prohibit properties on the west side of the interstate from connecting to their private system. 107 North Kent Street • Winchester, Virginia 22,64)1-50(A) I-81 Clearbrook Rest Area Memo Page -2- June 21, 2001 The CPPS provided the following recommendation on April 9, 2001: The CPPS recommends approval of the extension of a 21/2 -inch sewer force main line and an eight - inch water line to serve the Interstate 81 Clearbrook Rest Area which is located outside of the Sewer and Water Service Area (SWSA). This recommendation for approval is conditioned upon the following: 1) That VDOT prohibit easements within their right-of-way to eliminate the potential for property owners on the west side of Interstate 81 from accessing this system; 2) VDOT provide information to the Planning Commission and the Board of Supervisors which indicates that available capacity exists at the receiving pump station near Stonewall Industrial Park. This information should be obtained from the Frederick County Sanitation Authority (FCSA) and indicate the amount of total remaining capacity that has been reserved for other users; and 3) VDOT provide information to the Planning Commission and the Board of Supervisors which indicates how the private 2%2 -inch sewer force main will be monitored to ensure that it is not seeping sewage into the ground between the Clearbrook Rest Area and the receiving pump station near Stonewall Industrial Park. Subsequent to the CPPS consideration of this request, a proposal to develop a public/private partnership for the installation of a sewer line on the east side of Interstate 81 was submitted to the county. This partnership would involve land owners on the east side of Interstate 81, VDOT, and potentially Frederick County. The Frederick County Sanitation Authority is developing cost estimates for this proposal which is a preference of the locality and VDOT. However, should this preference not be realized, VDOT will request extension of service as described above as a fall back position for the Interstate 81 Clearbrook Rest Area. Please find included a letter from VDOT dated March 23, 2001, requesting consideration of this request; a letter from the Frederick County Sanitation Authority (FCSA) dated February 16, 2001, advising the applicant of the FCSA position regarding each system; and executive summaries for the water and sewer extension proposals with associated mapping. Staff asks that the Planning Commission review this infortnation and forward a recommendation to the Board of Supervisors for final resolution. EAW/ch Attachments U'\E—WomnmonWornprehensive Plan\WatrScwr\(SlClcarbrookRestStopWater&SewerEztensionRequcst-PCMemo.wpd COMMON-TWEALTH of VIRCHNIA CHARLES D. NOTTINGHAM COMMISSIONER Mr. Evan Wyatt Frederick County Planning 107 North Kent Street Winchester, VA 22601 Dear Mr. Wyatt: DEPARnIENT OF TRANSPOFTi-ATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE ADINBUR2 VA2-2894 a 312001 Ref. VDOT Clearbrook Rest Area Water & Sewer Utility Extensions JERRY A. COPP RESIDENT GNGINEER TELE�540)984-560o FAX (540) 984-5607 The Virginia Department of Transportation is requesting to extend water and sewer service to the Clearbrook Rest Area on Interstate 81. The rest area is currently beyond the Frederick County Sanitation Authority's'service area. These utility extensions are for the sole purpose of servi ing the rest area and no easements across the Commonwealth's property shall be granted for private connections to the extensions. Please find attached an exe cutive summary for each utility extension describing the extension specifics. In addition, a map is also attached detailing the proposed route of each utility. The Frederick County Sanitation Authority (FCSA) is in- support of these extensions with the following stipulations: 1. The water line must pass FCSA`s inspection and testing. 2. FCSA shall own and maintain the water line up to the water meter. 3. The sanitary sewer forte main shall remain private and will be owned by the Virginia Department of Transportation. Attached is- Mr. John Whitacre's letter detailing these stipulations. VDOT has agreed to these stipulations. , - 3 Mr. Evan Wyatt March 23, 2001 Page #2 We ask for your favorable consideration of these utility extensions. Should you have any questions or require additional information, please give me a call (540) 984-5600. BHI_/bw Attachments cc: Cindy Ward Paul Szatkowski Jerry Copp John Whitacre, Taylor Turner incerely, H..Uneberry,;lr- Ben Asst Resident Engineer 4 RECEIVED IVIAR 2 7 2001 DEPT, OP PLANNING/DEVELOPNIENT FREDERICK COUNTY SANITATIONAUTHORITY P.O. Box 1877 Wincbester dA 22£04-8377 JAMES T. ANDERSON. Chairman Wellington H. lanes, ROSEYZT n. CARPENTER, ice-chairtnaat Engineer -Director ROBERT P MOWERY, Sec -treasurer JOIR3 STEVENS GREGORY W. I-EN'ITT Ph.- (540) $69-1 USI RICHARD A. RLCK3LAV Fax. -(540) 868-1429 February 16, 200I Commonwealth of Virginia Department of Transportation Mr. Ben H. Lineberry, Jr. 14031 Old Valley Fixe Edinburg VA 22824 , REFERENCE: Utility Extensions to Clearbook Rest Area Dear Mr. Lineberry: The water line to the referenced site is to be built to our standards and specifications. ',idhen the line is completed and has passed our inspection and testing, we will accept it into our system. We will own and maintain the water line. The server for this project is privat;,. We will not inspect it as the Authority will not own it. Should you kava any questions, please contact me. Respectfialiy, John G. lVhitacre EngiP.e:rr /ths WATER AT YOUR SERVICE ti R- Stuart Royer & Associates w VDOT Clearbrook Rest Area Wastewater Service lE`ECfUUVE ,SUNMlARY VDOT's Clearbrook rest area is located on southbound Interstate 81 (1-81) in Frederick County, Virginia, approximately 4.5 miles south of the West Virginia line. An on site 0.0074-mgd wastewater treatment plant (WWTP) serves the rest area wastewater needs. VDOT would like to discontinue use of their WWTP and connect to public sewer to avoid future upgrades associated with stricter effluent limits and other regulatory requirements. The rest area's wastewater r facilities also include a 75 gpm pump station. The WWTP treats an average flow of 5,400 gpd. Frederick County owns and operates a wastewater collection and treatment system which serves portions of the County. That portion of the County's system closest to the rest area includes a grinder station on Route 661 approximately 1,200 feet north of McGhee Road and approximately 10,400 feet south of the rest area. The recommended project includes modifications to the existing pump station, abandonment of the VDOT WWTP, and installation of approximately 10,400 LF of 2.5 -inch sanitary force main. The existing pump station modifications include removal of the existing pumps and installation of two ABS Piranha grinder pumps. The force main alignment generally extends south from the rest area within the I-81 right of way to the north end of parcel 56, then west to Route 661, then south on Route 661 to connection with the existing grinder station. 6- q:? R. Stuart Royer & Associa{es MUMMM VDOT - Clearbrook Rest Area Water Service EXEv U TI NT SLAT AI Y VDOT's Clearbrook rest area is located on southbound Interstate 81 (I-81) in Frederick County, Virginia, approximately 4.5 miles south of the West Virginia line. An on site well serves the rest area water needs of approximately 5,400 gpd. VDOT would like to discontinue use of their well and connect to public water to gain a more reliable water source. Frederick County owns and operates a water distribution system, which serves portions of the County. That portion of the county's water system located closest to the rest area includes a 10 - inch watermain along US Route 11 in the general vicinity of Route 664, approximately 2,340 feet southwest of the rest area. The recommended alternative includes disconnecting the rest area water system from the well and constructing approximately 2,340 LF of 8 -inch watermain from the rest area to the existing 10 -inch watermain on Route 11. A meter will be located onsite at the rest area. r - ;- 4q:� Av`,. }, I . f. ry r EXISTING WELL TO' BE Ap. MIDONED fi}� yM1 r j1;0 r" VDOT REST AREA � ✓ F ` CLEARBROOK fASTING ' WATER EXISTING IO'' LINE qW ' R LINE WATER j , ` z Y b. . PROPOSED 8" WATER LINE SEWER & WATER SERVICE ARER r, BOUNDARY 1 F pY � fir;, .' • . / f .bf}ice. � �p �ff}r t'r eyy R. STUART ROYER S� ASSOCIATES, INC. CONSULTING INW4jNFERS AND sURVEYORS RICHMOND. VIIRUFNIA INIA DEPARTMENT OF TRANSPORTATION rSCALE:1'=6W CLEARBROOK REST AREA VJA�TIW ScRVICE F 9973.01 :7 • • CO1`1i`iTY of FREDERICK Department of Planning and Development MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Director % RE: Woodlands Disturbance - Section 165-31B(7) DATE: June 20, 2001 540/665-5651 FAX: 540/665-6395 The County Administrator's Office has directed the Development Review and Regulations Subcommittee (DRRS) to revisit the issue of woodlands disturbance allowances. The concern lies primarily with RP (Residential Performance) District land that is heavily wooded and the associated woodland disturbance allowances for this land. Staff has proposed a two -phased approach to address this issue that has been endorsed by the County Administrator's Office. The first phase would provide the land owner with a waiver provision similar to that already in the ordinance for industrial parks, office parks, and shopping centers. The second phase would be the development of a detailed ordinance that would be equitable and easily adapted to the construction process. This approach has been discussed with the DRRS, the Planning Commission, and the Board of Supervisors. The Board has requested that staff provide additional information and educational opportunities regrading this issue; however, they recognized the need to consider an ordinance amendment which would provide property owners with a waiver provision. Please find attached a proposed amendment to Section 165-31B(7) - Woodlands Disturbance of the Frederick County Zoning Ordinance. Staff asks that the Planning Commission consider this text amendment and forward a recommendation to the Board of Supervisors for consideration during their July 11, 2001 meeting. U-\Evan\Common\PROJECTS\Woodlands Disturbance\BoardofSuper isorDiscussion-Iunel3,2001_wpd 107 Porth Kent Street v Winchester, Virginia 22601-5000 Section 165-31B(7)' No more than 25% of woodlands as defined shall be disturbed. The Administrator may allow additional disturbance of the small areas where the disturbance will alleviate potential health or safety problems and will not significantly denigrate the overall environmental quality ofthe site. The Board of Supervisors may allow fwga for a greater percentage of woodland areas to be disturbed in shopping centers, office parks, or industrial parks. The Board of Supervisors may allow for a greater percentage of woodland areas to be disturbed within RP Residential Performance District parcels which contain woodland areas on 25% or more of the total site area. In such cases, mature trees shall be preserved to the maximum extent possible and the functions of the woodlands shall be preserved through the use of open space and landscaping. Woodlands shall not be disturbed until a master development plan has been approved. COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 MEMORANDUM4 TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Director ru RE: MS (Medical Support) District Discussion DATE: June 19, 2001 On May 16, 2001 and June 6, 2001, staff presented a working draft of the new MS (Medical Support) District to the Planning Commission for discussion. The Development Review and Regulations Subcommittee (DRRS) has been working on the development ofthis new zoning district since March 2001. Due to the scope and scale of this task, the DRRS felt that it was important to have an ongoing discussion at the commission level to ensure that the subcommittee is proceeding in the appropriate direction. The Planning Commission provided staff with a great amount of positive feedback regarding the proposed land uses and design standards for this district during the May 16, 2001 meeting. The essence of this discussion is identified below and the current status of each item is as follows: Land Use Issues Compare the land uses in the B-1 (Neighborhood Business) District with those in the MS District to determine if there are additional compatible land uses that could be added to the new district. (DISCUSSED 6/6/01) Concern was expressed with the allowance of gasoline filling stations in that a Sheetz-type store may not be conducive to this district. (DISCUSSED 6/6/01) Design Standards A VDOT Urban Design Standard for the street systems should be utilized for state -maintained streets and private streets. (DISCUSSED 616101) MS District Memo Page -2- June 19, 2001 Design Standards (Continued) • Subdivision of land along private streets would not be a concern based on the street standard. A waiver provision could be applied for at the master plan stage with administrative approval of plats. (DISCUSSED 6/6/01) • Corridor appearance should be the focus. along arterial and major collector roads. • An increase in FAR and overall residential gross densities should be allowed in this district. • Greater setbacks should be required between residential land uses, support service uses, and medical uses. • Additional height allowances should be given for medical uses, office buildings, and hotels to make up for the greater setback requirements. • Performance standards need to be established to include signs, lighting, building design for support services, separation of vehicle travel areas for passenger cars and trucks, loading space aspect, and scale of permitted manufacturing uses. • Open space needs to be a design element of the overall master plan. • Increased setbacks from adjoining parcels that are agricultural or residential need to be provided. • Ambulance air service needs to be located so as not to be obtrusive to adjoining parcels. Staff will complete a proposed draft of the MS District which accounts for the issues discussed by the Planning Commission during the past two meetings. The proposed draft will be reviewed by the DRRS on June 28, 2001. The issues agreed upon by the subcommittee will be discussed at the July 2, 2001 Planning Commission meeting. Staff will provide the commission with a copy ofthe updated draft ordinance at the meeting. CAMyFileskMedical Support DistrietWSDistrictTextDiscussion_7-2-OIPCAgendaMemo.wpd