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PC 05-02-01 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia MAY 2, 2001 7:00 P.M. CALL TO ORDER TAB 1) March 21, 2001 Minutes ............................................... (A) 2) Committee Reports ................................................ (no tab) 3) Citizen Comments ................................................. (no tab) PUBLIC HEARING 4) Rezoning #04-01 of Winchester Equipment Company, submitted by Painter -Lewis, P.L.C., to rezone 23.39 acres from RA (Rural Areas) to B3 (Industrial Transition). This property is located adjacent to the dumpster site on N. Frederick Pike (Rt. 522) and Indian Hollow Road (Rt. 679), across from the Virginia Farm Market, and is identified with Property Identification Numbers 42-A-188 and 42-A-189 in the Gainesboro Magisterial District. (Mr. Wyatt)..........................................................(B) 5) Conditional Use ermit #03-01 of Kitty B. Hockman and Kitty Hockman-Nicholas for a Cottage Occupa io for Bed and Breakfas . This property is located at 690 Soldiers Rest Lane (Hedgebroo o G e e) d is identified with Property Identification Number 74-A-67 in the ack r Ma 'al District. (Mr. Cheran).........................................................(C) 6) Conditional Use Permit #04-01 of David A. Kollar to re-establish a legally nonconforming use for a public garage. This property is located at 7341 Northwestern Pike and is identified with Property Identification Number 27-A-93 in the Back Creek Magisterial District. (Mr.Cheran).........................................................(D) 7) Conditional Use Permit #05-01 of the County of Frederick for a telecommunications tower. This property is located in Shawneeland at the top of Timber Ridge Trail, between Elmwood Trail and Flamewood Trail, and is identified with Property Identification Numbers 49B03-123-276/277/278/279 and49B03-123-270/271/272/273 intheBack Creek Magisterial District. (Mr.Cheran).........................................................(E) 8) Request for Extension of Water and Sewer Service Outside of the Sewer epi Water Service Area (SWSA) at the I-81 Clearbrook Rest Stop, located at mile marker 320 in the Stonewall Magisterial District. (Mr. Wyatt).......................................................... (F) 9) Request for Extension of Water and Sewer Service Outside of the SWSA at the Pioneer Trailer Park, located on the west side of Hudson Hollow Road (Route 636) in the Opequon Magisterial District. (Mr. Wyatt)..........................................................(G) PUBLIC MEETING 10) Draft 2001 Primary Road Plan (Mr. Wyatt) .................................... ...................... (H) 11) Master Development Plan #01-01 to Revise the Westminster -Canterbury Master Development Plan, submitted by Greenway Engineering, for the addition of 23 cottage units. This propertyis located at 300 Westminster -Canterbury Drive and is identified with Property Identification Number 53 -A -63A in the Gainesboro Magisterial District. (Mr. Lawrence) ....................................................... (1) 12) Other Page 2 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 March 21, 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; John H. Light, Stonewall District; Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District; Charles E. Triplett, Gainesboro District; Robert A. Morris, Shawnee District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; Vince DiBenedetto, Winchester City Liaison and Jay Cook, Legal Counsel. STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director, Patrick T. Davenport, Zoning and 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. INTRODUCTION OF MR. CORDELL WATT, BACK CREEK DISTRICT REPRESENTATIVE AND MR. CHARLES E. TRIPLETT, GAINESBORO DISTRICT REPRESENTATIVE Chairman DeHaven introduced the two newly -appointed planning commissioners, Mr. Cordell Watt, representing the Back Creek District and Mr. Charles E. Triplett, representing the Gainesboro District. These newly appointed members replaced two retiring commissioners. MEETING MINUTES - FEBRUARY 7, 2001 Upon motion made by Mr. Kriz and seconded by Mr. Light, the minutes of February 7, 2001 were unanimously approved as presented. Frederick County Planning Commission Minutes of March 21, 2001 Page 639 R COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 03/13/01 Mtg. Mr. Thomas reported that the DRRS had discussions regarding the development of a medical - type zoning area and the requirements that may be needed. Comprehensive Plans & Programs Subcommittee (CPPS) - 03/12/01 Mtg. Mr. Light reported that the CPPS discussed the groundwork for the future of the Land Use Plan, the PDR (Purchase of Development Rights) Program, and community involvement and participation in both. Historic Resources Advisory Board (HRAB) - 03/20/01 Mtg. Mr. Morris reported that the HRAB reviewed a request on behalf ofthe Winchester Equipment Company to rezone approximately 23%7 acres from RA (Rural Areas) to B3 (Industrial Transition), located on Route 522 North. Mr. Morris said that a portion of the land is located in an area identified as a Phase 6 area of the Second Battle of Winchester, as described in the National Parks Service Study of 1992. Sanitation Authority (SA) -'03/20/01 Mtg. Mr. Fisher reported that the SA has received bids for the northern water treatment plant, a three -million gallon storage tank, and a transmission line. He said that the SA reported that the County's capacity for water is good up until the Year 2015, however, they are looking at four additional wells for the development of -cased water capacity. Winchester Planning Commission (WPC) - 03/20/01 Mtg. Mr. DiBenedetto reported that the WPC discussed a proposed rezoning of five acres on Amherst Street for the relocation of the Winchester Surgical Clinic; held a retreat at the end of February with discussions that included downtown issues and some text amendments, which included a sunset provision for CUPs; will soon begin work on a corridor overlay project for the major roads coming into and going out of the City. Frederick County Planning Commission Minutes of March 21, 2001 Page 640 -3 - PUBLIC HEARINGS Rezoning #01-01 of Southern Hills (continued from February 21, 2001), submitted by G. W. Clifford & Associates, Inc., to rezone a 105 -acre tract of land from RA (Rural Areas) to RP (Residential Performance) to establish 250 single-family residential lots. This property is located south of Stephens City, east of Interstate 81; 0.8 miles south of Route 277 (Fairfax Pike) on the east side of Town Run Lane (Rt. 1012), and is identified with P.I.N. 85-A-138 in the Opequon Magisterial District. Action - Tabled for 30 Days Mr. Evan A. Wyatt, Planning Director, recapped the information that was given at the previous meetings regarding impacts associated with this rezoning request. Mr. Wyatt stated the primary issue at the February 21 meeting centered around transportation and traffic impacts, primarily, the inadequacies of the traffic signal at Town Run Lane to facilitate left-hand turn movements and the lack of current infrastructure for the road system. He also pointed out the acknowledgment of several road improvement projects which are on the books to improve the level of service in this area; however, none of those projects have come to fruition and in some instances, are not even on VDOT's funding list. With this information, Mr. Wyatt recalled that the Commission vas hesitant to move forward without the benefit ofa detailed traffic impact analysis statement and the rezoning application was tabled. He said that the Commission requested a Warrant Analysis for traffic signalization and a Level of Service Analysis for the road systems to determine if the submitted proffer statement adequately mitigated the impacts. Mr. Wyatt said that it was his understanding from Mr. Maddox, the applicant's representative, that the commissioners received a summary package of the traffic impact analysis and a revised proffer statement on Monday. He noted that the proffer is identical to the previous one, except there is an addition of 98, which is a contribution of $25,000.00 for construction funding for VDOT's traffic light implementation project at Stickley Drive and Route 277. Mr. Wyatt stated that by this proffer, the developer has committed financially to participate in" a signalization effort at such a time when VDOT installs the traffic signal. Mr. Wyatt introduced Mr. Jerry Copp and Mr. Steven Mclnikoff of the Department of Transportation and stated that they were in receipt of the summary information of the Impact Analysis Statement as well as the complete booklet. He said that Mr. Copp and Mr. Melnikoff have forwarded the traffic information to their transportation traffic engineering division in Staunton; therefore, at this time, there is no formalized comment from VDOT. Mr. Charles W. Maddox with Gilbert W. Clifford & Associates, Inc., the design engineers for the project, came forward and introduced himself and Mr. John Callow of Patton, Harris, & Rust, the transportation engineer who prepared the traffic impact analysis for the applicant. Mr. Maddox said that the traffic analysis has indicated that the traffic generation from the proposed 250 -lot development is small compared to the overall traffic issues associated with the Rt. 277 corridor. He said that they have provided the transportation study, they have provided a revised proffer,_ and have participated in their fair share of mitigating the impacts. Discussion ensued regarding possible scenarios that would occur (at Rt. 277/ Stickley Drive and Town Run Lane) if VDOT's scheduled improvements for Rt. 277 fell behind the applicant's proposed project build -out. A discussion next ensued about the concerns of the various reviewing agencies regarding Frederick County Planning Commission Minutes of March 21, 2001 Page 641 -4 - this project's development and Mr. Maddox stated that the applicant has met the County's impact model in policy. He proceeded to explain each of the reviewing agencies comments and the proffer they have offered to mitigate that impact. VDOT's Resident Engineer, Mr. Jerry Copp, came forward to answer questions from the Commission. Mr. Copp explained that although the applicant has had professionals prepare the traffic impact analysis, VDOT has not had an opportunity to review and study the work and make comments. Mr. Thomas requested that Mr. Copp address in his report: 1) the safety problems expected taming west on Stickley Drive without a traffic light and how the safety impacts will be mitigated; and, 2) the effect on the efficiency of traffic traveling east, coming across the intersection. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Donald W. Luttrell, resident of the Ridgefield Subdivision in the Opequon District, believed that if this rezoning was approved, it would open up additional area for development, it would have an effect on taxes, and it was not in the best interests of the citizens of Frederick County. Ms. Sandra Rittenour, a neighbor of the proposed subdivision, residing on a private road that enters onto Town Run Lane, said she spoke at the previous public hearings. Ms. Rittenour raised the issue of the two schools on Aylor Road and was concerned about how the buses would enter and leave the schools after Warrior Drive is constructed. She assumed the buses would continue to come out Aylor Road onto Rt. 277 and she wasn't convinced that Warrior Drive would alleviate the impacts at Town Run Lane. She also commented that children from the proposed subdivision would most likely be playing in the surrounding farm land, in the hayfields and among the cattle, because of the lack of adequate open space within the subdivision. She said that much of the open space in the proposed development is steep and she would like to see some changes there. Mr. Maddox returned to the podium and pointed out that the traffic plan predicts that traffic on Aylor Road will drop dramatically because Warrior Drive will provide a new access and a way for traffic in the Tasker Road area to access Rt. 277, especially the high school. He said the study estimates a traffic decline from 11,000 to 6,000 trips per day, which will improve functioning of that intersection. Members of the Commission were interested in hearing VDOT's comments regarding the traffic impact analysis submitted by the applicant before they made a final decision on the rezoning. Because VDOT had not yet had an opportunity to do that, they moved to table the application. Upon motion made by Mr. Thomas and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby table, by unanimous vote, Rezoning Application #01-01 of Southern Hills, submitted by G. W. Clifford & Associates, Inc., to rezone a 105 -acre tract of land from RA (Rural Areas) to RP (Residential Performance), to establish 250 single-family residential lots, in order to give VDOT the opportunity to review and make comments on the traffic impact analysis that was submitted by the applicant. Frederick County Planning Commission Minutes of March 21, 2001 Page 642 -5 - Proposal to Establish the Crooked Run Regional Water and Sewer Service Area to include ail parcels within the Shenandoah Master Development Plan and all parcels on the south side of Fairfax Pike (Rt. 277) between the Shenandoah development and the Clarke County Line. Action - Forwarded to CPPS for Further Study Mr. Evan A. Wyatt, Planning Director, stated that this request was initially made by the developer of the Shenandoah project, to establish what is referred to as a Regional Sewer Service Area Boundary, to t i- Fioderick County Sanitation Authority (FCSA) because the FCSA would ultimately assume responsibility for the maintenance of the wastewater treatment plant. Mr. Wyatt said that as a result of that request, the FCSA has requested guidance from the Board of Supervisors regarding the appropriateness of providing sewer service within the proposed Crooked Run Regional Sewer Service Area (CRRSSA). Mr. Wyatt explained that the CRRSSA encompasses approximately 1,410 acres of land, of which approximately 1,170 acres within Frederick County and approximately 240 acres lies within Clarke County; the acreage within Frederick County includes the Shenandoah development, Sandy's Mobile Home Park, and the additional land on the south side of Fairfax Pike (Rt. 277); the land within Clarke County includes Double Tollgate and Camp 7 State Correction Facility. Mr. Wyatt continued, explaining that the proposed wastewater reclamation facility will have an ultimate design capacity of 625,000 gallons per day (gpd) and as a result, would have excess capacity that the Shenandoah project would not need. He said that the applicant has proposed a concept which would allow for service of land outside of Shenandoah in both Frederick (240 total acres) and Clarke counties. Mr. Wyatt believed that in order for FCSA to allow for a Regional Sewer Service Area Boundary, a modification to the Comprehensive Plan would be required. Mr. Wyatt said that the Comprehensive Plans & Programs Subcommittee (CPPS) discussed this request in February and he proceeded to go over the highlights of that discussion. Mr. Chuck Johnston, Clarke County's Director of Planning and Development, stated that Clarke Count; is Pleased that FCSA is willing to support their area and hopes the Frederick County Planning Commission will also support the concept; however, Clarke County does have issues about expanding the sewer service area at this point in time, until their Board of Supervisors has decided whether to amend their Comprehensive Plan and rezone properties as anticipated. Specifically, Mr. Johnston stated that there is interest in promoting community development at the intersection, however, they were not in a position today of stating support for the sewer service area to include the strip between Rt. 522 and the County line, as the use is not currently allowed in their Comprehensive Plan and the zoning is not yet in place. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Donald W. Luttrell, a resident of the Ridgefield Subdivision in the Opequon District, asked if the sewer and water facility at Shenandoah will be self-sustaining or will the cost of maintenance/ expansion of the facility will be placed on other residents of Frederick County. Mr. Luttrell also inquired if the FCSA was shortchanging residents in Shawneeland and the Summit by accepting this treatment facility. Frederick County Planning Commission Minutes of March 21, 2001 Page 643 -6 - Chairman DeHaven believed it would be ideal if Frederick County could assist an adjoining jurisdiction by supplying service to an area designated for growth, or if failing septic systems in this area could be eliminated, or if assistance for the Camp 7 situation could be supplied; however, he pointed out that he did not see anything in the proposed agreement between the FCSA and the developer that would give Frederick County any input into the allocation of the capacity of the plant, even though FCSA would own and operate the plant. In addition, Chairman DeHaven did not know if it would be possible to single out the designated area that Clarke County has established as being appropriate to serve. Chairman DeHaven was not in favor of the concept because it was proposed to be consummated by a contract with very different terms than what Frederick County has used in the past. Mr. Fisher pointed out the potential impact on the 240 acres; specifically, if the 240 acres was rezoned to a higher density, would there be capacity available to serve the area. Mr. Morris did not see any problems with designating a regional service area for the FCSA to administer and especially in light ofthe possibility ofeliminating the failing septic systems in Sandy's Trailer Court. Mr. Morris moved to recommend to the Board the approval of the boundaries as defined. Mr. Morris' motion died, however, due to a lack of a second to his motion. Commission members pointed out that the proposed CRRSSA would be outside of the County's Comprehensive Plan Sewer and Water Service Area. Mr. Thomas moved that the request be sent back to the CPPS to review the issues associated with the areas outside of the R5 boundary. This motion was seconded by Mr. Wilson. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to refer the Crooked Run Regional Sewer Service Area Boundary request back to CPPS for further clarification and definition. DISCUSSION ITEMS Presentation of the general site development plan for the new County high school located on the north side of Berryville Pike (Rt. 7), adjacent to Redbud Run Elementary School. Mr. Evan A. Wyatt, Planning Director, stated that the public school administration has retained the services of Oliver, Webb, Pappas & Rhuddy to develop a site development plan for the County's third high school, located off of Berryville Pike (Rt. 7), adjacent to the Redbud Run Elementary School. Mr. Wyatt said that a representative of Oliver, Webb, Pappas & Rhuddy and school administration officials were available to present the general site development plan to the Commission for information and discussion. Dr. William C. Dean, Superintendent of Frederick County Public Schools, Mr. Al Orndorff, Administrative Assistant to the Superintendent of Schools, and Mr. Philip Pappas of Oliver, Webb, Pappas & Rhuddy presented the site development plan and answered a variety of questions from the Commission. Frederick County Planning Commission Minutes of March 21, 2001 Page 644 -7 - Mr. Thomas asked about the inclusion of an indoor swimming pool for physical education and year-round use by school students and all County residents. Mr. Thomas pointed out that there are two County swim teams that are dependent on the City for use of their pool. He said that, eventually, the County may lose a sports program if a facility is not soon constructed for use by the students and, in addition, it will also be a facility that could ue used by all County residents year-round. Mr. Thomas pointed out that the plans as drawn preclude an indoor pool from ever being added. Mr. Pappas said that he was not given direction to design an indoor pool for the facility. Dr. Dean stated that neither the School Board nor the Board of Supervisors requested that an indoor pool be planned and he estimated the cost for such a facility at $3,000,000. Dr. Dean pointed out an area on the property that could be used for a free-standing pool in the future, if the Board chose to add one. Upon motion made by Mr. Ours and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously grant the staff administrative approval authority to review and approve the site development plan for the new county high school to be located on the north side of Berryville Pike (Rt. 7), adjacent to Redbud Run Elementary School. DISCUSSION ON THE PLANNING COMMISSION RETREAT WHITE PAPER Mr. Evan A. Wyatt, Planning Director, presented a summary of the issues identified by participants at the. 2001 Planning Commission Retreat and tables providing the ranking of various long-range and current planning program projects. The staff and the Commission reviewed and discussed the information to ensure that the subcommittees were proceeding in the appropriate direction regarding these issues. Mr. Wyatt also spoke with the Commission about the educational opportunities that could be potentially provided by VDOT and the Sanitation Authority. t APPOINTMENT OF COMMISSIONER FISHER AS LIAISON TO THE SANITATION AUTHORITY Chairman DeHaven appointed Mr. Gene Fisher as the new Planning Commission liaison to the Frederick County Sanitation Authority. Frederick County Planning Commission Minutes of March 21, 2001 Page 645 ADJOURNMENT unanimous vote. -8 - No further business remained to be discussed and the meeting adjourned at 10:20 p.m. by Respectfully submitted, Evan A. Wyatt, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of Marc:. 21, 2001 Page 646 C7 r� PC REVIEW DATE: 05/2/01 BOS REVIEW DATE: 05/23/01 REZONING APPLICATION #04-01 WINCHESTER EQUIPMENT COMPANY - To rezone 23.39 acres from RA (Rural Areas) to B3 (Industrial Transition) LOCATION: This property is located adjacent to the citizen trash convenience site on N. Frederick Pike (Rt. 522) and Indian Hollow Road (Rt. 679), across from the Virginia Farm Market. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 42-A-188 and 42-A-189 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned B2 (Business General) District Zoned RA (Rural Areas) District South: Zoned RA (Rural Areas) District East: Zoned RA (Rural Areas) District West: Zoned RA (Rural Area) District PROPOSED USE: Commercial / Retail REVIEW EVALUATIONS: Use: Commercial Use: Agricultural; Residential Use: Agricultural Use: Agricultural Use: Residential; Citizen Trash Convenience Site; Vacant Virginia Dept. of Transportation: See attached letter from Steve Melnikoff, Transportation Engineer, dated March 8, 2001. Should these concerns be addressed to VDOT's satisfaction, then before development, this office will require a complete set of construction plans detailing entrance Winchester Equipment Co. #04-01 Page 2 April 20, 2001 designs, 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 workperformed on the State's right-of-way must be covered under a land use permit. - This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Water for firefighting available nearby for shuttle, water line extension would increase protection capabilities. No significant impact to Fire & Rescue Services. Plan approval recommended. Frederick -Winchester Health Department: See attached letter from John Dailey, Environmental Health Specialist, dated 2-23-01. County Engineer: We recommend changing the reference to `transfer station' to `citizen trash convenience site.' We will reserve the right to perform a detailed review at the time of the site plan submission. County Attorney: Where is Civil War easement; when dedicated; how big; how long; what purpose; where is 80 -foot strip of land; when will it -be done; why not pay the money to Frederick County Treasurer? Planning &_Zoning: 1) Site Histo The original Frederick County Zoning Map (U.S.G.S. Winchester 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 Zoning. Ordinance. The two parcels which comprise the proposed rezoning are identified by property identification numbers 42-A-189 and 42-A-188. The cumulative acreage for the two parcels which comprise the proposed rezoning is 23.39 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 south side of the intersection of North Frederick Pike ( Rt. 522N) and Indian Hollow Road (Rt. 679). The parcels are located approximately % mile west of the intersection of North Frederick Pike and Route 3 7. Winchester Equipment Co. #04-01 Page 3 Apri120, 2001 North Frederick Pike is classified as an arterial roadway; Indian Hollow Road is classified as a- u major collector roadway. The parcels are outside of the County's Sewer and Water- Service Area (SWSA) and are a component of the Route 37 West Land Use Plan which was adopted by the Board of Supervisors on October 7, 1997. This land use plan identified the subject parcels for a continuation of agricultural use while preserving the historic integrity of the battlefield on which it sits. The Route 37 Land Use Plan also identified a proposed major collector road that would bisect the subject property. 3) Site Suitability The two parcels which comprise the proposed rezoning do not contain significant physical environmental characteristics as identified in the Frederick County Zoning Ordinance. The site is 'slightly rolling agricultural land presently utilized for the cultivation of corn. 4) Intended Use The applicant intends to relocate its existing business, Winchester Equipment Company, from its present location within the City of Winchester, to the subject site. The relocation would enable the business to expand and better serve its customers. To that end, the applicant has proffered the specific uses that would be permitted on the property. These permitted uses reflect the company's current operations and uses. 5) Potential Impacts a) Transportation: Impact Analysis Statement The applicant has provided information which projects potential traffic impacts associated with the development of the 23.39 acres requested to be rezoned. This analysis utilizes average vehicle trip data from the Institute of Traffic Engineers Trip Generation Manual, 6'h Edition, Volume 1 (ITE). The applicant has projected potential traffic impacts assuming a number of weekday and weekend traffic scenarios. The following projected potential traffic impact assumes the most intense weekday morning peak hour vehicle trips as a multiplier for the development of 440,855 square feet of retail sales space. Since no specific land use is being proffered, the applicant has projected traffic impacts based on the most intensive land use, retail sales. This projection suggests that there could be between 2,820 - 2,169 vehicle trips during peak hour. The Average Annual Daily Traffic on Route 679 in 1999 at this location was 2,800 vehicles. The AADT for Route 522N at this location in 1999 was 18,000 vehicles. Winchester Equipment Co. #04-01 Page 4 April 20, 2001 Review Agency Comment The Virginia Department of Transportation (VDOT) has reviewed the applicant's traffic impact analysis. The VDOT comment,. dated 3/8/01, states that there is no objection to the rezoning of this property; however, VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Planning Staff Comment The applicant's traffic impact analysis appears to provide an accurate depiction of current traffic counts for Routes 522 and 679. Additionally, the projected traffic increase is reasonable considering the traffic generated at the existing Winchester Equipment Company location within the City of Winchester. The applicant has addressed the proposed major collector road identified in the Route 37 West Land Use Plan; a 80 -foot right-of-way has been proffered to accommodate this proposed major collector road. Staff would discourage any additional entrances directly onto Route 522N, and encourage the use of the proffered 80 -foot right-of-way as the sole point of access to the properties. b) Water and Sewer: Impact Analysis Statement The applicant has acknowledged that the subject site is outside of the County's Sewer and Water Service Area (SWSA). An on-site soils investigation revealed that the soils are well-suited for the installation of a subsurface absorption system for the disposal of sewage. The applicant has stated that an on-site well will be utilized for water. There is an existing on-site well which may be adequate to serve the proposed use. Review Agency Comment The Frederick County Health Department has reviewed this request, as noted -in their letter dated February 23, 2001. A sewage disposal certification letter had been issued for Property Identification Number 42-A-188; the 14 -acre parcel. This certification could accommodate a design use of 880 gallons per day usage. The agency did express some concern regarding an encroachment by the proposed road easement and the proposed Civil War interpretive site onto the sewage disposal site. A five-foot separation must exist between the sewage disposal site and the easements. Any well supplying the proposed uses will need to comply with the standards of the Virginia Department of Health, Office of Water Programs. Winchester Equipment Co. #04-01 Page 5 April 20, 2001 Planning Staff Comment The utilization of on-site facilities for water and sewage disposal is appropriate, and, will be necessary as the property is currently outside ofthe Sewer and Water Service Area (SWSA). The subject site is within the Albin Rural Community Center area, as identified in the County's Comprehensive Policy Plan. Uses which cater to the rural community are encouraged in the identified Rural Community Centers, and would be served by on-site health systems as public facilities are typically not available in the rural community centers. While a sewage disposal certification letter has been issued for the larger (PIN 42-A-188) of the two parcels included in this rezoning application, it should be noted that an evaluation of the smaller (42-A-189) tract has not been conducted. A Health Department representative stated that the applicant did not make a request to consider the feasibility of Parcel 42-A-189 for sewage disposal. In order for this smaller tract to be developed separately, an on-site sewage disposal facility must be obtained. It may be prudent for the applicant to seek and obtain a sewage disposal certification letter for Parcel 42-A-189 so as to ascertain its appropriate development potential. It is vital that the road right -of way and Civil War interpretive site be completely separated from the sewage disposal site at the onset of this rezoning process. If the sewage disposal site is not separated from these easements, then either the certification letter will be invalidated, or the opportunities for the proposed road and interpretive site maybe jeopardized. Staff recommends that this issue be resolved by modifying the road and interpretive site location prior to development of the property. c) Historic Resources: Impact Analysis Statement The applicant has provided information which indicates that a significant portion of the Second .. Battle of Winchester took place within the proximity of this acreage, as well as on a portion of the site to be rezoned. The owner recognizes the importance of the historic heritage of the Civil War battles, and has proffered conditions to provide interpretive opportunities for Second Winchester. Review Agency Comment The Frederick County Historic Resources Advisory Board's (HRAB) comment, dated 3/28/01, recommends a number of items to provide assurances for quality development in this area. The HRAB recommends the following items be considered by the applicant (in no particular order): Winchester Equipment Co. #04-01 Page 6 April 20, 2001 • The elimination of Parcel 42-A-189, totaling 8.64 acres, from the rezoning application request to prevent the sale of land for additional commercial uses; • The elimination of additional land uses that fall within the specified SIC Codes proffered by the applicant; • The provision of a general site layout plan which is sensitive to adjoining properties and existing viewsheds; • The development of architectural standards for all structures that is in keeping with other agribusiness structures located in rural parts of the County to ensure that the rural and historic character of this area is maintained; • The use of innovative architectural methods to conceal roof -mounted equipment from the existing viewshed; • The provision of increased building setbacks from adjoining property lines; • The provision of buffers and screening between proposed structures and adjoining property lines to mitigate impacts and protect existing viewsheds; • Modifications to the Civil War Interpretive Easement proffer to ensure that the developer absorbs the costs associated with platting, deed preparation, and legal fees necessary to establish the easement; • Modification to the future collector- road proffers to ensure that an access easement is maintained for the Civil, War Interpretive Easement, should this road system not come to fruition. Planning Staff Comment The parcels proposed to be rezoned are located within the northwest limits of the defined core battlefield area for Phase 6 of Second Winchester. The parcels are also within the defined boundaries for the Second Battle of Winchester Battlefield Apple Pie Ridge Historic District which was determined eligible for the National Register by the Department of Historic Resources in March 1999. The applicant has proffered to establish a Civil War interpretive site easement that will be located toward the southern boundary of the property (PIN 42-A-188). While the interpretive site enables visitors to view and learn about the Second Battle of Winchester, the placement of a large structure adjacent to the interpretive area may detract from the viewshed's integrity. Additional efforts may be necessary to lessen the impact of any proposed structures. Winchester Equipment Co. #04-01 Page 7 April 20, 2001 d) Adjoining Properties: Impact Analysis Statement The applicant has provided information which identifies that a majority of the land surrounding the subject site is utilized for agricultural purposes (south, east, and north). Portions of land to the west and north of the site contain business and residential uses. A citizen trash convenience site is also on an adjacent property. 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 property along Thwaite Lane -which adjoins .the 100 -foot residential buffer area may be impacted by future heavy commercial land uses 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 nor screen be installed between land used for commercial purposes and land used for agriculture. The applicant has proffered to establish a 50 -foot buffer along the eastern and southern property lines, thereby implementing efforts to reduce any negative impacts that may be associated with. the development of the subject property for commercial uses. e) 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: " Lists the permitted uses, rather than those prohibited. Limit any communication towers to a maximum height of 35 feet. Establish and dedicate an easement for a Civil War interpretive site. Provide a 50 -foot buffer (25 -foot active, 25 -foot inactive) along the eastern and southern property boundaries. Winchester Equipment Co. 404-01 Page 8 April 20, 2001 • Reserve for dedication to the County an 80 -foot -wide right -of --way for the future construction• - of a major collector road as identified in the Comprehensive Policy Plan. • Provide a monetary contribution of $1,000 to the County to be utilized for fire and rescue services. STAFF CONCLUSIONS FOR 05/02/01 PLANNING COMMISSION MEETING: The 23.39 -acre site proposed for rezoning is located outside of the County's Sewer and Water Service Area; is within the Route 37 West Land Use Plan; contains a portion of the core battlefield area for phase 6 of Second Winchester; is within the defined boundaries for the Second Battle of Winchester Battlefield Apple Pie Ridge Historic District which was determined eligible for the National Register of Historic Places; and is within the Albin Rural Community Center area. Staff has identified several issues based on comments received from various review agencies which involve impacts to the transportation system, water and sewer service, historic resources, and adjoining properties. The applicant has submitted a proffer statement in an attempt to mitigate the issues identified by staff. Proffered conditions include a listing of the permitted uses; limits on the height of communication towers; establishment of an easement for a Civil War interpretive site; provisions for a buffer against agricultural lands; reservation of an- 80 -foot -wide strip of land for a proposed major collector road; and a monetary contribution for fire and rescue services. The development of commercial uses at this location will have an impact on an existing residential land use along Thwaite Lane and on the adjacent agricultural land due to the proximity to this site, and could potentially have an impact to the viewshed associated with the Battle of Second Winchester. The applicant has proffered the establishment of a buffer against the agricultural land, and will be required to implement a buffer against the residential use. Staff believes that these impacts could be fiurther mitigated by the applicant through consideration of the following comments: • Provide additional buffer distance and screening methods against the existing agricultural uses. • Provide illustrations and, possibly, a legal description of the proffered Civil War interpretive site easement. * Conduct a detailed viewshed analysis along the north, south, and east boundaries, and establish a maximum structural height overlay to minimize impacts to. existing residential land uses and the viewshed from the proposed Civil War interpretive site. • Establish proffered design standards or restrictive covenants to require lower outdoor lighting fixtures, monument signs, strategic placement of loading and receiving bays, and more intensive landscaping than required by County ordinance. 0 Prohibit building -mounted signs on building walls not facing existing state roads. OUTPUT MODULE APPLityANT: PIN 42-A-1 88 & 189 Net Fiscvl Impact LAND USE TYr+E HsavY C.ornmer GO't4 of J[QW-CI.CfOtiit; Qod!(;510-VAIJ�Lc8. Total Potential Adjustment For REAL EST VAL S2$,694,539 Required (epter6d in Cur. Budget Cur, Budget Cap. Future CIP1 Tax Credits Revenue- Net Capital Net Cost per FIRE & RESCUE 8 Cap.hai_Fal lt4es col sum only) Ozer Cag EgLAp Ex=idQehL,% Ts_0l; Qther (U&4u%sd) rMi D jmw F. acittlit s imp;l>;i Dwellil9 Until Fire and Rescug Deparitneni $156,545 $0 $0 8165,545 E4R Elementary Schools $0 .._ — Middie Schools $o $0 $0 $0 $0 $0 ERR High Sr;hacis $0 Parks and RWL0 atidn to $0 $0 $0 $0 EtZR Public Library to $0 $0 $0 to ERR Sheriff's Offices so $8,763 $o $0 $8,763 $$,763 $0 ERR Administration 11uildi^9 $0 $0 $0 .so $p EtZR Ouw toiscellantoue Facilities $0 $101,597' $20,444 $122,041 $421,041 $0 ERR SUBTOTAL $156,545 3110,360 $20,444 $0 $130,804 $136.804 $25,740 ERR LESS: NET FISCAL IMPACT $17,115,278 $17,115,278 $17,115,27$ 2) NFT SAP. FACILITIES IMPACT (3`�B INDEX: -1.0" if Cap. Equip Included: 1.0 INDEX: "10" if Rev-CO%t Sat,'O,D" if Ratio to Co Avg: 010 Rgv-Cost Bat = 1.Of10 PLANNING DkpT PR4E#EN(;Es 1.0 1.0 (tatkl to CA A4g = 1.433 MFTHODOLOgy 1, Cgpital facill6e; requirements are Input ty the first cokw- gs calculated in the model.- 2. W Fiscal impyct NPV from operations calculations is InA4t in row total of sownd column (zero kne(Iativy). 10014ed are ttie orie-time tsxesffees 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 (:apital expenditure taxes paid in foyrth rot as calculated In fiscal i"acts. 5. NPV of future tgyptc PaHi to grinli cur(ent oour1tY up to standard for p- fdcil ties, As celoAted for finch new faGlily. S. Columns three through rive are added as potential credits against the calculated capital facilities requirements. These are adjusled for Percent of t;osts covered by the revenues frdm the proleR (actual, or 83 ratio id avQ, for all residantigl developfram). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include intaresi if the projects are debt financ6d. y NC?TEv: Model Rurl die OV08I0w-�—,...___....�,..P.I.N. 42-A-188 & 189 Rezoning: Assumes 440,855 sq.ft. retail on 23.39 acres zoned B-3 Dde to changtn4 cotldilions 8ss«;iated with dsvelgpMent in the County, the hesults of this Output Module they not be vplid Beyond d period qt go day-,frc n the tmrdel nm (late. I u"MMO OTWEALTH ®f VIRQINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY CHARLES D. NOTTINGHAM COMMISSIONER 14031 OLD VALLEY PIKE EDINBURG. VA 22824 JERRYA. COPP . RESIDENT ENGINEER March 8, 2001 TELE (540) 984-5600 FAX(540)984-5607 Mr. John C. Lewis, P.E. Ref: Proposed Rezoning — Winchester Equipment Company C/O Painter -Lewis, PLC Route 679, Indian Hollow Road @ Route 522 302 S. Braddock St., Suite 200 Frederick Pike Parcels 42((A)) 188 and 42 ((A)) 189 Winchester, VA 22601 Frederick County Dear John: A VDOT review has been completed on the proposed rezoning of the referenced property. There are several information errors on Page 4 of the Impact Analysis Statement which should be addressed. Under Item C. Traffic: 1' Paragraph on the 8th line, the 1999 traffic volume of 15,000 AADT on Route 522 should be 18,000 AADT (see attached Page 7 of 1999 VDOT Volume Estimates). Under Section Specialty Retail Center Code 841: This code should be Code 814. Also Saturday 42.04 trips per 1000 sf = 18,534 (minor difference). Our review recognizes the,, desirable location for site access to VDOT facility, Route 522 would be by utilization through the intended 80' right-of-way as proffered on Exhibit 3 of the analysis. Any detailed site plan developed for these parcels should provide access to Route' via the 80' right -of --way to State Route 679 then onto Route 522 by way of the existing signalized intersection at 679/522. VDOT will not recommend direct access to Route 522 from either parcel affected by this rezoning request. Access will be required via the Route 679, 522 signalized intersection. Improvements to Route 679 and Route 522 will be required as part of the site plan submission. VDOT acknowledges the statements of intent found in the final two paragraphs on Pages 4 and 5 of the Impact Analysis Statement. Should these concerns be addressed to VDOT's satisfaction, then before development, etc., this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Should you have any questions or concerns, please do not hesitate to call. a ` Sincerely, Barry J. Sweitzer, Tr n Roadway Engi BJS/rfi For: Steven A. Melnikoff, ransportation Engineer Enclosures xc: Mr. Evan Wyatt, Mr. Dave Heironimus WE KEEP VIRGINIA MOVING Virginia Department of Transportation Traffic Engineering Division 1999 Annual Average Daily Traffic Volume Estimates By Section of Route Frederick County Maintenance Area Truck Design / Route Length AADT QA 4Tire Bus 2Axle 3+Axle 1Trail 2Trail QC Hour QK AAWDT QW Year -rederick Count ""1 34-W4 N 522 Front Royal Pike 2.43 9900 F 91% 0% 2% 1% 4% 1% F 860 F 9900 F 1999 '• us 50 S us so 522 50 Millwood Pike 0.16 41000 F 3400 F 43000 E..- 1999 7.1ECL Winchester Cit- of Winchester Fmo ECL Winchester 522 50 Millwood Ave 0.04 41000 F 3400 F 43000 F 1999 F,o, 1-81 522 50 Millwood Ave 0.20 25000 H NA NA 1999 Fm Jubal Early Dr 522 50 Millwood Ave 0.80 13000 F 94% 0% 2% 0% 1% 0% C NA 14000 F 1999 r' Cameron St ` ' US 50 Gerrard St 522 11 Cameron St 0.53 5900 F 93% 1 % 2% 1% 1% 0% C NA 6100 F 1999 Combined Traffic 14000 F 95% 0% 2% 1% 1% 0% C NA 15000 F 1999 F� Boscawrn St 522 11 Cameron St 0.17 10000 F 93% 1% 2% 1% 1% 0% F NA 10000 F 1999 Combined Traffic NA NA NA T*[- Piccadilly St `—Cameron St 522 ® Piccadilly St 0.18 7300 F NA 7600 F 1999 Combined Traffic 11000 F NA 12000 F 1999 '- Braddock St >2 Piccadilly St 0-19 5500 F 94% 0% 2% 1 % 2% 0% F NA 5$00 F 1999 r' Fairmont Ave Piccadilly St 522 Fairmont Ave 0.22 6200 F 94% 0% 2% 1 % 2% 0% F NA 6400 F 1999 ,-II Commercial St 522 Fairmont Ave 0.55 11000 F 94% 0% 2% 1% 2% 0% C NA 12000 F 1999 r' NCL Winchester S Frederick Count• Fes. NCL Winchester 522 Maple St 1.27 20000 F 96% 0% 1°% 1% 2% 1% C 1800 F 20000 F 1999 r� t SR 37 ', 527 Ffedenck Plke >2 89vf 18000 F r82°% 0°%� : 2�%m_r 1% 13%; 0°% F 1400 F 1 17000. F�`�999:; ,' F. 4'34-654-Cedar:Grove Rd: 522 Frederick Pike 4.24 15000 F 82% 0% 2% 1% 13% 0°% F 1100 F 14000 F 1999 F•• 34-600 Siler Rd 522 Frederick Pike 5.08 14000 F 82% 0% 2°% 1% 13°% 0% F 1000 F 13000 F 1999 SR 127 Bloomers Pike 522 Frederick Pike 3.26 7300 A � 82°% 0% 2% 1% 13% 0% C NA 6900 A 1999 F� 34-694 Cumberland Trail Rd 522 Frederick Pike 4.40 5600 F 82% 0% 2% 1 % 13% 0% F 400 F 5300 F 1999 r' West Virginia State Line -Cit' of Winchester F.� Cameron St 608Gerrard St 0-10 12000 F 93% 1% 3% 1% 2% 0% F NA 13000 F 1999 k— Valley Ave 5?�2 50 Gerrard St 0.07 9500 F 97% 0% 1% 1% 1% 0% F NA 9900 F 1999 r• Braddock Si Gerrard St e02 S Braddock St 0.53 8200 F 97% 0% 1°% 1% 1% 0% C NA 8500 F 1999 Combined Tr„?,ffic 14000 F 95°% 0% 20/. 1% 1% 0% C NA 15000 F 1999 T.. Bosca\cn $1 Lord Fairfax Environmental Health District 107 N. Kent St. °Po• P. O. Box 2056 Winchester, Virginia 22604 ® (54O) 722-3480 FAX (540) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester February 23, 2001 Monica Butts Painter -Lewis, P.L.C. 302 South Braddock St., Suite 200 Winchester, VA 22601 RE: Rezoning comments for proposed Winchester Equipment facility; Frederick Co. Tax Map # 42-A-188 and 42-A-189. Dear Ms. Butts: The Frederick County Health Department has no objection to this proposed rezoning subject to the following comments: A sewage disposal certification letter was recently issued by the health department for Tax Map parcel # 42-A-188. This letter certifies that -a sewage disposal site is currently available on the properly for a design use of 880 gallons per day (gpd). The number of employees allowable will depend on the final projection of gpd/employee._ The current regulations project a use of 15 to 35 gpd/employee for factories and office buildings. The owner must apply for a permit from the Frederick County Health Department prior to installing the system. The attached plat by Marsh and Legge shows the approved sewage disposal sites. From the Site Development Plan included in your proposal, it appears than the 80 -foot reserve strip for future ROW may encroach on the lower left corner of the sewage disposal site near the front of the property. It also appears that 13,000 SF Civil War interpretive site easement may encroach on the sewage disposal site at the rear of the property. Please adjust your plan to ensure that at least a 5 -foot separation exists between these easements and the sewage disposal sites. If these sites are disturbed, any prior approvals are void. Due to the projected number of employees, the proposed well on the property will be considered a non -transient, non -community public water supply. Such wells have special construction and monitoring requirements and are permitted by the health department's Lexington Office (540-463-7136). The owner must apply for a permit from that office prior to drilling the well. If you have any questions, please call. Sincerely, John Dailey Environmental Health Specialist. 1 EAKLE 1 42 A 227 AKL T 42 A 227 679J— / Ry �N J 42 A 226 ROSEDALE. PROPERTIE 52 72 42 A 184 �\ LIZER 1� 42 A 1 :: s \\ \ ROSEDALE LIZER d' 42 A 189 42 A 187 ROSEDAL E PROPERTIES M " 42 A 190 FRUITHILL ORCHARD, INC. 0 53 A '2 FRUIT HILL ORCHARD, INC. Location Map For: WINGHESTER EQUIPMENT CO. PIN.- 42-A-188 IN:42-A-188 42-A-189 Office of Mapping and GIS, 04/01, Agray PROFFER STATEMEN T _e A PROPOSED REZONING for PARCEL ID - 42 ((A)) 188 and 42 ((A)) 189 Gainesboro Magisterial District Frederick County, Virginia March 23, 2001 Prepared for: Mr. Doug Rinker Winchester Equipment Company 620 ,Pennsylvania Ave. Winchester, Virginia 22601 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street- Suite 200 Winchester, VA 22601 Tel.: (540)662-5792 email: paintiew@mnsinc.com Job Number: 0009005 PROFFER STATEMENT PARCEL ID 42 ((A)) 188 and 4_ ,A)) 189 INTRODUCTION The two subject parcels contain 23.39 acres combined. Currently all 23.39 acres are zoned RA. All adjacent property is zoned RA with the exception of one lot (A2 -A-228) that is located across Indian Hollow Road and zoned 132. The owner desires to rezone the entire 23.39 acres from RA, Rural Areas District, to a 133, Industrial Transition District, zoning. The intended purpose for the rezoning would be to allow the Winchester Equipment Co. to relocate it's operation onto a tot which is larger than the existing location allowing for more versatility in the layout of the facility. The applicant recognizes that the site is adjacent to the Rural Community Center of Albin, but outside the county Urban Development Area. Acknowledging the importance of maintaining the rural character of the area, the owner is willing to proffer restrictions on the types of commercial activities which can be developed under the proposed 133 zoning. See Proffer #1. The owner recognizes that the site is nearby to land involved in the events of the Second Battle of Winchester which occurred on June 24, 1863. Acknowledging the importance of historic preservation, the owner is willing to proffer a limit on the use of the subject property for communications facilities, specifically,, communication towers which exceed the height allowed in the B3 zone for structures, that is, 35 feet. See Proffer #2. In addition, the owner is willing to proffer the reservation of a portion of the property as an easement for use by Civil War interest groups for the creation of an interpretive site. The owner recognizes that the location and configuration of the easement may be revised to suit the needs said interest groups, and is willing to make adjustments to the easement shown on Exhibit 3. In the event that access to the easement is not available from a public right-of-way, the owner is willing to provide reasonable space for parking and access at a location convenient for both owner and Civil War interest group. Such adjustments must not negatively impact the owner's use of the land. The owner agrees to depict the easement in all future site development plans required to be submitted to the Frederick County Department of Planning and Zoning. See Proffer #3. The owner recognizes that the current land owner of the parcels located adjacent to the east and south boundaries of the site is interested in the preservation of the agricultural character of the land. The owner is willing to proffer a 25' active buffer plus a 25' inactive buffer along the entire length of the boundary of the site which borders Parcel 42-A-190 and Parcel 53-A-2. See Proffer #4. As a provision of the rezoning, the owner is willing to proffer the reservation of land for dedication to Frederick County for the construction of a certain roadway intended to connect Route 522 to Route 50 as proposed in the 1998 Comprehensive Policy Plan. Please refer to the "Route 37 West Land Use Plan" on page 6-41 of the 1998 Comprehensive Policy Plan. The alignment shown in the Comprehensive Plan passes PROFFER STATEMENT PARCEL ID 42 ((A)) 188 and kA)) 189 near to or through the subject parcels and intersects with Route 522 at the existing signalized intersection of Route 522 and Route 679. The exact alignment of the roadway is unknown, as is the timing for construction. Therefore, the owner reserves the right to adjust the alignment of the 80' reserve strip from the location shown on Exhibit 3. The owner agrees to depict the 80' reserve strip in all future site development plans required to be submitted to Frederick County Department of Planning and Zoning. See Proffer #5. ._. Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # 04-01 for the rezoning of 23.39 acres on Parcels 42-A-188 and 42-A-189 from RA to B3, development of this particular 23.39 acres will be in conformity with the terms and conditions set forth in this document. These terms and conditions may be subsequently amended or revised by the owner of the property with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1. For a period of time as long as the subject land maintains a B3 Zoning, the land will be developed for the following uses: 1. General Business Offices 2. Uses which are identified by the following Standard -Industrial Codes: a. 50 -wholesale trade of durable goods-, b. 51 -wholesale trade of nondurable goods (excluding beer, wine, and distilled alcoholic beverages); c. 52 -retail sales of building materials, hardware, garden supplies, and mobile home dealers; d. 5599 -automotive dealers not elsewhere classified; e. 7353 -heavy construction equipment rental and leasing; f. 7359 -equipment rental and leasing not elsewhere classified, g. 7519 -utility trailer and recreational vehicle rental; h. 7699 -repair shops and related service not elsewhere classified. 2. The land and any improvements thereto will be expressly not used for the erection of communication towers which exceed a height of 35 feet. 3. The owner will reserve for dedication of an easement to Civil War interest groups, a portion of the subject property in order that said interest group can create an interpretive site. The Civil War interest group must be a recognized, legal entity able to receive such easement rights. All expenses associated with the creation of legal easement and use documents will be borne by the owner. All expenses associated with structural and/or aesthetic improvements within the easement for the purposes of access, public viewing of the area, and PROFFER STATEMENT PARCEL ID 42 ((A)) 188 and 4< 189 interpretation of events associated with the Civil War, shall be born by the Civil War interest group. Such improvements shall meet prudent engineering practices and all design standards of the Frederick County Zoning Ordinance. 4. The owner will establish a 25' active buffer and a 25' inactive buffer along the eastern and southern property boundaries of the site as shown on Exhibit 3. 5. The owner will reserve for dedication to the County of Frederick a strip of land eighty feet in width and running north to south across the subject parcels for the purpose of the future construction of a road to connect Route 522 to Route 50. This voluntary reservation of land shall be valid for as long as the Frederick County Comprehensive Policy Plan identifies this general area as a potential route for a collector road to connect Route 50 with Route 522. If future planning action by Frederick County results in the repositioning of this road in a location other than through the subject parcel, the reservation of the land referred to herein will expire. Monetary Contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Round Hill Community Fire and Rescue Company No. 15 the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the -Frederick County Code. , PROFFER STATEMENT PARCEL ID 42 ((A)) 188 ars__ 42((A)) 189 Submitted By: E. Frank Smith (property owner) Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this WtPl day of ebruAr u 2001 by r rcllnk SM41A My commission expires on Ju.q(, arw 31, 2004 ' glak c Notary Public Ill 111PACT ANALYSIS STATEMENT .A PROPOSED REZONING for PARCEL ID - 42 ((A)) 188 and 42 ((A)) 189 Gainesboro Magisterial District Frederick County, Virginia February 14, 2001 I Prepared for: Mr. Doug Rinker Winchester Equipment Co. 620 Pennsylvania Ave. Winchester, Virginia 22601 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street- Suite 200 aro Winchester, VA 22601 Tel.: (540)662-5792 email: paintlew@mnsinc.com Job Number: 0009005 IMPACT ANALYSIS STATEME"T PARCEL ID 42 ((A)) 188 and 4._ �(A)) 189 i. INTRODUCTION Winchester Equipment Co. (the applicant) is a business that deals with the sales, service, parts, and rentals of agricultural equipment, construction equipment, outdoor power equipment, and material handling equipment. The company is currently located in the city of Winchester, Virginia. In an effort to expand the business, the company desires to purchase, two `adjacent parcels along Rt. 522 in Frederick County, Virginia and relocate the business to this new location. The subject parcels are identified by Tax Map Numbers 42((A))188 and 42((A))189 and are currently zoned RA (Rural Areas District). The present owner of the parcels is E. Frank Smith. The combined area of these two parcels is approximately 23.39 acres and both parcels are currently used for agricultural purposes. Surrounding parcels -are primarily zoned RA and are used for residential and agricultural uses. Please refer to Exhibit 1 and Exhibit 2. The applicant desires to rezone the 23.39 acres of the subject parcels from RA to 83, Industrial Transition District. The intended purpose for the rezoning is to obtain a zoning classification that will allow for the relocation of the Winchester Equipment Co. to a site of sufficient size to accommodate current and future operations. Winchester Equipment Co. plans to utilize approximately 15 acres for the business. There are no current plans for the utilization of the remaining 8.39 acres. A. SITE SUITABILITY The Frederick County Comprehensive Policy Plan includes the subject parcels within the Route 37 West La:hd Use Pian study area. The study area includes 645 acres bounded by Route 522 to the north, Route 37 to the east, the Round Hill Community Land Use Plan boundary to the south, and a definitive ridge line to the west.,The Land Use Plan calls for the site to remain is its present, pristine condition, continuing the present land use of orchards while preserving the historic integrity of the battlefield (see SECOND BATTLE below), as well as potentially significant properties identified in the Frederick County Rural Landmark Survey. The Route 37 Land Use Plan recognizes that a system of major collector roads will be necessary to promote the safe and efficient movement of traffic from. Route 50 to Route 522. One possible route for a road connecting Route 522 to the south, and on to Route 50, is located at the site of the proposed rezoning. This route would connect to Route 522 at the existing signalized intersection of Route 679 and Route 522 directly in front of the site. Directly to the west are several tracts of land zoned for residential and commercial uses. This area is generally defined in the Comprehensive Plan as the Albin Rural Community Center. These tracts include the Virginia Farm Markef (B2), Omps Garage (M2), Albin Ridge Storage (133), Frederick County Bus Maintenance Facility (M2), and the Tavener Trailer Park (MH1). page 1 IMPACT ANALYSIS STATEM`NT PARCEL ID 42 ((A)) 188 and _ ((A)) 189 The site contains frontage on Route 522. This provides the site with good access and excellent visibility from an arterial highway. The gently rolling topography of the site is well-suited for commercial construction. The development of a low intensive, retail -type store which has a significant agricultural client base provides an acceptable extension of the Albin Community Center. A significant portion of sales at Winchester Equipment Co. involves farm machinery. The location along the Route 522 corridor, near the Route 37 By --pass, fits the Comprehensive Plan's concept of the "Idealized Interchange Development Pattern". ' Commercial development of the site will facilitate the construction of the major collector road as envisioned by the Comprehensive Plan. The absence of public water and sewer service will limit the amount of commercial development possible on this site, thus preserving a rural character to the commercial development. SECOND BATTLE The Second Battle of Winchester took place on June 13-15, 1863, about two weeks before the Battle of Gettysburg, PA. The battle began on the twelfth of June to the south of Winchester around Middletown. Confederate Major General Richard S. Ewell's Second Army Corps was moving toward Winchester from the south as part of General Robert E. Lee's plan to advance across the Potomac River in order to "take the battle" to the north. The Corps consisted of the divisions of Edward Johnson, Jubal A. Early, and Robert E. Rhodes. At that time, Winchester was occupied by the Federals under General Robert Milroy with the Second Division of the VIII Corps, approximately 6,900 men. Protecting the B&O :Railroad was the primary objective of the Federal garrison at Winchester. Milroy occupied three earthworks on ridges along -the western edge of the town; Fort Milroy, Star Fort -and West Fort. West fort was located on the ridge south of Route 522 and east, of Route 37 approximately % of a mile east of the property proposed for rezoning. Ewell's plan to take Winchester consisted mainly of sending Johnson's division to Winchester by way of Front Royal Pike while sending Early's division to the west of the town to flank the Union right. Ewell considered the high ground to the west of Winchester to be the key to driving the Federals from the town. Early used the ridges to the west of West Fort to conceal his movements. Two batteries of guns were placed on the ridges. One battery was located to the northwest of West Fort near Route 679 while the second battery was placed approximately one half mile south of Route 679 along the ridge. The first battery was likely located on the ridge just to the southwest of the site. The attacking infantry was located generally between the two batteries of guns. On the evening of June 14, 1863, Early attacked West Fort across what are today cornfields and orchards between Apple Pie Ridge and Route 37. It is likely that a portion of the confederate infantry, led by' General Harry Hays, attacked West Fort from ground to the south of the site of the proposed rezoning. The confederates overran West Fort. The union troops were either killed, captured or escaped to Star Fort and Fort Milroy. Early the following morning, General Milroy evacuated the two remaining forts with the intention of escaping under cover of darkness to Harper's Ferry. Unfortunately for the Federals, Edward Johnson's troops page 2 IMPACT ANALYSIS STATE" "ENT PARCEL ID 42 ((A)) 188 ani 42 ((A)) 189 anticipated Milroy's escape and were waiting at Stephenson's Depot. See Exhibit 5 for an approximate overview of the battle for West Fort on June 14, 1863. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0105 B shows the subject area to be outside of any flood hazard zone. WETLANDS No wetlands have been identified on the site. STEEP SLOPES The property generally slopes to the northeast toward Rt. 522. Slopes decrease in severity as they approach Rt. 522. The slopes range from 2-15% across the site. MATURE WOODLANDS There are no mature woodlands located on this site. The property is currently under agricultural cultivation Corn is the most common crop on the site. SOILS According to the Soil Survey of Frederick County, the site contains the following soil type: Fred erick-Poplimento Loams: 14B (2-7%) and 14C (7-15%). These soils are apart of the Frederick-Poplimento-Oaklet association which are gently sloping to very steep, very deep, well -drained soils formed in material weathered from limestone. Depth to bedrock is approximately 60 inches or greater. The unified soil classifications are: GM, GC, ML, CL, CH, SM, and SC. Certain areas of the site are suitable for a sanitary subsurface absorption system. B. SURROUNDING PROPERTIES The parcels to be rezoned are bordered on the east by a single, vacant parcel that is owned by the Fruit Hill Orchard, Inc. To the south island used for agricultural purposes (also owned by Fruit Hill Orchard, Inc.). The western property line of parcel 42((A))188 is bordered by three parcels all of which are zoned RA. One of these is owned by the School Board of Frederick County and is used as a trash transfer station. A second parcel other is owned by C. Joseph Lizer and is currently vacant. The third parcel adjacent to the western border is currently used for residential purposes and is also owned by C. Joseph Lizer. The northern property lines are adjacent to Rt. 522 (North Frederick Pike) and Rt. 679 (Indian Hollow Rd.). On the opposite side of these right-of-ways are four parcels. Two of the parcels are currently vacant, owned by Stewart S. Yeakley. The third parcel is used for residential purposes and is owned by E. Frank Smith. The fourth property is zoned B2, is used for commercial purposes, and is owned by Charles and Leda Lizer. All other properties adjacent to the site in question page 3 IMPACT ANALYSIS STATEMENT PARCEL 1D 42 ((A)) 188 and _ ((A)) 189 are zoned RA. Potential adverse visual impacts from the proposed rezoning of the site will be mitigated by existing vegetative screening and by the buffering and screening requirements of the Frederick County Zoning Ordinance. Please refer to Exhibit 3. G. TRAFFIC Winchester Equipment Co. is currently set up to operate with 43 full-time and 2 part-time employees. Of the 43 full time employees, 33 work full-time at the facility. The remaining 10 employees,work in traveling positions and do not use the facility directly. According to the company, future expansion of the business is not anticipated to exceed 10% (47 employees) in the near future of the company. Traffic will enter and leave the property via an entrance onto Route 522. According to figures from the Virginia Department of Transportation, the Average Annual Daily Traffic on Route 522 in 1999 at this location was 18,000 vehicles. The Average Annual Daily Traffic on Route 679 in 1999 at this location was 2,800 vehicles. Both of these figures are factored to account for all motorized vehicles. Traffic impacts from the proposed rezoning will be estimated using the figures in the ITE Trip Generation Manual, Sixth Edition. Since no specific land use is being proffered for the site, the category of Land Use which will be applied to the 23.39 acres proposed for rezoning reflects the most intensive use, that is, retail sales. The Frederick County Capital Facilities Fiscal Impact Model assumes that a potential 440,855 square feet of retail sales space could be built on the site. The type of retail use that will serve as a model for traffic impacts will be Specialty Retail Center Code 814. Specialty Retail Centers are generally small strip shopping centers that contain a variety of retail shops and specialize in quality apparel, hard goods, and services such as real estate offices, dance studios, florists, and small restaurants. Specialty Retail Center Code 814 Based on a projected gross leasable area of 440,855 square feet: • Weekday: 40.67 trips per 100.0 sf = 17,930 trips • Sunday: 20.43 trips per 100.0 sf = 9,007 trips ■ Weekday A.M. Peak Hour: 6.41 trips per 1000 sf = 2,825 trips • Saturday: 42.04 trips per 1000 sf =18,534 trips ■ Weekday P.M. Peak Hour: 4.93 trips 1000 sf = 2,173 trips While the potential for this volume of office traffic exists if the site is rezoned to B-3, given the rural character of the immediate area and the fact that the site is outside the Frederick County Sewer and Water Service Area, these potential traffic volumes are likely very inflated. These traffic volumes could be supported only by the development of utility and highway infrastructure. Prior to any development, the developer/owner would be required to apply to Frederick County for site plan approval, and VDOT would perform a full review of any commercial development. Traffic impacts would be mitigated at that time by the design and construction of improvements to the page 4 'A,— IMPACT ANALYSIS STAT""ENT PARCEL ID 42 ((A)) 188 aj..j 42 ((A)) 189 intersection of Route 522 and Route 679. These improvements must be coordinated with the design of a potential major collector road running north to south through the site. See Exhibit 3. In order to mitigate potential traffic impacts and to conform to the Comprehensive Policy Plan for'Frederick County, the owner will proffer the reservation of an 80' strip for the future development of a north/south major collector road within the subject parcels. Please refer fo Exhibits 3 and 9. D. SEWAGE CONVEYANCE AND TREATMENT There are currently no public sewage facilities available to serve the site. The site is outside the Frederick County Sewer and Water Service Area. A recent investigation of the on-site soils has revealed that the soils are well-suited for the installation of a subsurface absorption system for the disposal of sewage. The developer of the property will apply for the necessary permits to install an on-site disposal system at the site plan stage. E. WATER SUPPLY There are currently no public water service facilities to serve the site. The site is outside the Frederick County Sewer and Water Service Area. It is anticipated that an adequate water supply can be obtained from a standard commercial well to be drilled on the site. There is an existing on-site well which may be adequate to serve the proposed use. Any well and water supply works will have to comply with the standards of the Virginia Department of Health, Office of Water Programs. F. DRAINAGE The site is located at the top of a broad, flat swale which eventually discharges to Babbs Run. Storm water runoff must pass beneath Route 522 .after it leaves the property. There are no permanent or intermittent streams on or near the site. Babb_s Run flows through Lake St. Clair and eventually to Back Creek. . An increase in storm water runoff can be expected with any development. on the parcel. Storm water management will be provided in accordance with the Frederick County Code, Chapter 165. It is anticipated that storm water detention facilities will be created to serve the proposed development. G. SOLID WASTE DISPOSAL FACILITIES The nearest solid waste transfer facility is located adjacent to the proposed site on Rt. 679, Indian Hollow Road_ No additional solid waste disposal facilities will be required page 5 IMPACT ANALYSIS STATEMF^'T PARCEL ID 42 ((A)) 188 and 4- JA)) 189 for the proposed development. The amount of solid waste generated by the development can be estimated based on one pound per employee per day. Using a figure of 40 employees per acres, the estimated number of employees is 936. Tipping fees are $35.00 per ton. Collection fees are $25.00 pPr tnn. The annual cost projected to meet waste disposal needs can be estimated by: cost = cost per ton of waste x tonnage $90,250.00 = $60.00 x (1x936) x (1/2000) x 365 H. HISTORIC SITES AND STRUCTURES The site contains no known historic sites or structures as listed on the Virginia Landmarks Register and the National Register. According to the Comprehensive Policy Plan, there are several identified historic sites as shown in the Frederick County Rural Landmarks Survey that lie within a mile of the site. These include 1410 -Fruit Hill Farm, 1411 -Fruit Hill Tenant House, 558-Solenberger-Dove House, and 559 -House -Route 679. The Rural Landmarks Survey Report lists several other structures within approximately one mile of the site, which were inventoried due to architecturally or historically significant sites or structures. Please refer to Exhibit 4. A significant portion of the Second Battle of Winchester took place on ground near the site proposed to be rezoned. The Owner recognizes the importance of the historic heritage of the Civil War battles, and proposes to proffer certain conditions to mitigate impacts to the adjacent sites. See the attached Proffer Statement. I. COMMUNITY FACILITIES EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Round Hill Community Fire Company located on Northwestern Grade_ No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for emergency service facilities attributable to this development is $00.00. The owner recognizes the importance of emergency services, and proposes to proffer a monetary contribution to the local emergence responder. See the attached Proffer Statement. PARKS AND RECREATION The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for public park facilities attributable to this development is $00.00. IMPACT ANALYSIS STATEIV`NT PARCEL ID 42 ((A)) 188 and - ((A)) 189 J. OTHER IMPACTS The Frederick County Capital Facilities Impact Model calculates the following additional fiscal impacts attributable to this development: • Public Library $00.00; • Schools - $00.00 • Sheriff's Office - $00.00; • Administration Building - $00.00; • Other Miscellaneous Facilities - $00.00. After adjustments for tax credits, the net capital facilities impact is $00.00. Please refer to item 8 in the Appendix. 0 page 7 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: _ Yi wmr-- ►^► 5 c. Telephone: a Address: 3 a z. s. o z.A pc,,, c_ 2. Property Owner (if different than above) Name: V. Pz.A+, - Telephone: ("o) (PU z -10-79 Address: 7o`4 Iu.>, 5.0 14ou�w Q-,:�-. linrr s.sr�� VA =(002 3. Contact person if other than above Name: '! � �.� �.. 1. e w. ;�� �. � . Telephone: �-'o) Q -575Q 4. Checklist: Check the following items that have been included with this application. Location map ✓ Agency Comments Plat I/ Fees Deed to property ✓ Impact Analysis Statement 4 . Verification of taxes paid ✓ Proffer Statement 11 5. The Code of Virginia allows us to rrquiest full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: E . FraM K 5 nn 6. A) Current Use of the Property: VAc W- - B) Proposed Use of the Property: C-ommE=a-,Al—/rr�a, 7. Adjoining Property: PARCEL IID NUMBER 53-A- 7- -Az - A - i qz-A-i o gz-A-1$-_ .4z- A - 19& 4z- A- 18' US 1 ZONING r -A 7-A ,1" P -A 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): "'lam `iiT IS 4�[ soh /�DILHf-M-r 'ib Got�.�c�Tiot.� s►'T�' �c1.lt� wogs �-'o>� `('ita✓ 1/it�c�w¢ 12 N Infos mation 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 p+)ssi hle density or intensity scenario for the proposed Zoning - District as described on Page 9 of the : ipplication package. 9. Parcel Identification/Locatic, u: P, rcel Identification Number(4) 4Z-A-150,kap -4z-A- 13I Districts Magisterial: High School: .JAM" WOVQ l.lSCAO'CA, Fire Service: t?ow�� �Fiw 1✓<iBE Go. Middle School: �jgCmT,� Ca oo,�•s o4_ Rescue Service: p.-0 ,rte (oMM �gs C,p Elementary School: i�afl,gg l 11 � ,.`zxz-r- ,r 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested A.-7 12 - K -Ar 15 23.39 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Number 'ts Empased Single Family homes: Townhome: Multi -Family: Non -Residential Lots: _ Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: _ Service Station: Retail: -43 .. zoo Manufacturing: Restaurant: Warehouse: Other: Z9 po �;:'. �rrbzacY�'/ 13 12. Signature: I (we), the undersigned, da 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. I Applicant(s): Ci�Date: / of Date: Owner(s): ��„Tr,a Date: 0 Date: 14 Adjoining Property Owners Rezoning r Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name � , �T t� 0g -+Vk2. Qg-. PD.. F7aX 234.8 W, ,�IG.F}FfiT�� V4 7-ZCo 0-{ Pro e # 45�- A - -Z Name ��v,T fL.lr O�taF2D r1.1t— Pv•Vjcx 23[pS w , rs t� uo:37T VA Pro a #} -17-- A - rq o Name (,Dvn± �r Faa c9� ._7 104rc,Po- P>.x 3S C> g W L+ - -ria. VA, zZe,o-4 Property # r AZ- A- f `%[o Name G�+���`� - e0*� LIZFg— I`aS INb,A-14- oto,-u-cw f-0. t v, t tc-►� rs-r� VA, Zzleo�i Property# -I Z- A - 1:�,><i Name C. ,Jose H Ltz�� 1.95 rN[>,�n1wo� RD. Property # Name Gr�ar�-tS hur7 ti> uz� 1�1 y t+ao, ar►� ►�o,�.�w . w, ntc s r r� i VA. 2Z f—C>77 Pro # 97-- A - ZZ S Name , SA {"7'7cv JA Property # -q7-'-A - Z Name Pro e a-��.,�, 5►„ # '9Z- - 72Ca -. mat( ruo,A N- gPL L ctJ t,�t •�►c rl �S-set=- , V%, Zzr�o77 Name Pro e # Name Property # 15 AREA TO BE REZONED N 70'18'56" V FRUIT HILL ORCHARD, INC. 42—A--190 7.88 ACRES ZONED: RA USE: VACANT DB: 543 PG:173 S 46'08 27" E 118.12' FRUIT HILL ORCHARD. INC. 53—A-2 145.93 ACRES ZONED: RA USE: VACANT DB: 296 PG:302 852.73'IRF �_ 45 60.40'30" W 115.66' C. JOSEPH LIZER 42—A-187 5.20 ACRES ZONED: RA USE: VACANT AQp' L: •rrtH1~t SMITrt; ",,E. 'F,3 ti41TN�_ ti DB: 793 PG:703 4`AANK-2- 188'' `* I-,, 8: €� E -S 14 AC RAS ~' ' . Z.QI`4EQ: RA �• ��., 61�N '1�,, F2A `. \ ,VALA13. l,� ACANT'�., CHARLES JOSEPH LIZER 42—A-184 � 5.43 ACRES So ZONED: RA ou USE: RESIDENTIAL , DB: 898 PG:408 4 R=2143.48' BU G1T T L =231,4 8 CH= S 37'11'46" E - 23137' E. FRANK SMITH 42—A-226 4.65 ACRES IZONED: RA USE: RESIDENTIAL DB: 588 PG:638 'A 11 STEWART S. YEAKLEY 42—A-227 35.93 ACRES ZONED: RA STEWART S. YEAKLEY USE: VACANT 42—A-227 DB: 68 PG:155 s 35.93 ACRES ° ZONED: RA USE: VACANT DB: 68 PG:155 SIRS PAST AT 55'38'00" E 93.14' SCHOOL BOARD -OF FREDERICK CO. 42—A-186 1.00 ACRES ZONED: RA E: TRANSFER STATION xzrR 4r 6jm ARLES & LEDA LIZ 42—A-228 1.75 ACRES ZONED: B2 USE: COMMERCIAL DB: 316 PG:707 E. FRANK SMITH PROPERTY FREDERICK COUNTY, VA 4LE: 1'=250' I DRAWN BY: JC TE:14NOVOO JOB #0009005 REVISED: PAINTER—LEWIS, P.L.C. WINCHESTER, VIRGINIA PROPERTY MAP DRAWNG NO.: EXHIBIT 1 IMPACT ANALYSIS STATEMENT PARCEL ID 42 ((A)) 188 A 42 ((A)) 189 EXHIBIT 2 - LOCATION MAP page 10 25' PROFFERED ACTIVE BUFFER 25' PROFFERED INACTIVE BUFFER 42—A-190 ZONED: RA USE: VACANT S 45VB�?7" E 11812' 53—A-2 ZONED: RA USE: VACANT N 707856" W BO' RESERVE STRIP FOR FUTURE ROW i t I 42---A-189 42—A-188 8.64 ACRES + 14.75 ACRES ZONED: RA + ZONED: RA USE: VACANT, USE: VACANT J ` C m \ t FO NONE RS 23748 I _ 1r`E vx i '_ x C47- s i771'�6"£ z31 i7 42—A-226 ZONED: RA USE: RESIDENTIAL 42—A-227 ZONED: RA USE: VACANT AT CORNER 6040'30" W 17556' IRF 13,000 SFt CIVIL WAR INTERPRETIVE SITE EASEMENT 42—A-187 ZONED: RA USE: VACANT ACTIVE BUFFER INACTIVE BUFFER 42—A-184 ZONED: RA USE: RESIDENTIAL. N 247BV" £ 419.01' 42—A-186 ZONED: RA USE: TRANS. STATION A a`•� HOZ — n'A 42—A-228 —ZONED: B2 USE: COMMERCIAL 42—A-227 ZONED: RA E. FRANK SMITH PROPERTY USE: VACANT FREDERICK COUNTY, VA SCALE. 1'=250' DRAWN BY: JCL DATE.23MAR01 I J0E3 x/0009005 1 REVISED: PAINTER--LEWIS, P.L.C. WINCHESTER, VIRGINIA SITE DEVELOPMENT PLAN DRAWING NO.: EXHIBIT 3' IMPACT ANALYSIS STATEMENT PARCEL ID 42 ((A)) 18L ld 42 ((A)) 189 EXHIBIT 4 - HISTORIC STRUCTURES MAP Number Common Name Number Common Na 34.10 House nearStines Cha e((a'em. 34 543 Kouse, Rf. 789 3449 Tenant House at Long Green 34 544 Faith Revival Center 34--51 ' Hnl Ica rnarl 34 67 - - House, Rt. 739 - •r+'_ 34-54.6 I�UvvajuJ I-IuuJC Greystone Farm 34-68 34-70 34 100 34450 Lewis House Bond House Long Green Armel School 34 547 34 548 34-54.9 34550 House, Rt. 789 House, Rt. 789 Reynolds, Lloyd House - Howard House 34-528 34-530 Clarke House House, Rt. 522 34551 34-552 Ungees Maple Hill Buncutter House 34531 House, Rt. 522 34553 Hudson House 34 532 Yeakley House 34554 Mayes House 34-533 House, Rt. 522 34555 Factory Outlet, The 34-537 Davis, G.H. Store & Station 34556 House, Rt. 679 at Rt. 789 34-538 Janne - Da\iis -Massey House 34-557 Jude Tavenner Place 34-539 Albin Cash Grocery 34558 Solenbe er-Dove House 34540 Luttrrell, Howard House #1 34559 House, Rt. 679 34541 Luttrell, Howard House #2 34-1410 Fruit Hill Farm 34542 House, Rt. 789 -,-341411 Fruit Hill Tenant House page 12 QP) fil) o) % Q. bad 865 800 40, OM897 �Aplqfl lilt k srre q .966' 1, j f RT f/ r y91yr. Bt4 1 ,747 J, goo j fk 7, .?s L p- 1, " q /01 4 . 37 I• 4 f mrs 1V 3 If I 7 b sch JSP jj ff..- p ity K'v jtj V1 of" ej V IS ,, `�� ; „ I V t E. FRANK SMITH PROPERTY FREDERICK COUNTY, VA Al DRAWN BY. JQL DATE: JOE) #0009005 REVISED: THE INFORMATION SHOWN ON THIS MAP WAS TAKEN FROM PAINTER—LEWIS, P.L.C. AVAILABLE INFORMATION AND IS DEEMED APPROXIMATE. WINCHESTER, VIRGINIA WEST FORT BATTLE DRAWING NO.; I EXHIBIT 5 PC REVIEW: 05/02/01 BOS REVIEW: 05/23/01 CONDITIONAL USE PERMIT #04-01 DAVID A. KOLLAR LOCATION: 7341 Northwestern Pike (Route 50 West), just east of Carpers Pike MAGISTERIAL DISTRICT: Back Creek PROPERTY IDENTIFICATION NUMBER: 27-A-93 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District; Use: Public Garage (Commercial) and Residence ADJOEIiING PROPERTY ZONING & USE: Zoned: RA- (Rural Areas) District; Use: Vacant and Residential PROPOSED USE: Re-establishment of a legally nonconforming garage REVIEW EVALUATIONS: Virginia De t. of Transportation: No objection to conditional use permit for this 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. Inspections Department: No comment required if structure is existing garage and change of use will occur. Fire Marshal: Portable fire extinguishers required. Emergency vehicle access to all normal and emergency points to the structure. Requirements of Section F-3206 of the Virginia Statewide Fire Prevention Code "Requirements for Service Stations and Repair Garages." David A. Kollar CUP #04-01 Page 2 April 19, 2001 long as only the garage is on the existing system. An expansion of the existing system or a new system must be installed for the trailer. Planning and Zonin : This conditional use permit (CUP) application is in response to a zoning violation complaint that staff received. The applicant was cited for the operation of an illegal business (public garage with towing service); obtaining a CUP for such a business is an available remedy to this violation. This property has been used as a gas station, repair garage, and equipment repair shop. All of these uses were established prior to November 1, 1973, when the Frederick County Zoning Ordinance required a conditional use permit for public garages in the RA Zoning District. The applicant desires to re-establish a legally nonconforming use, public garage, on this property. The applicant has advised staffthat this business will take place in an enclosed two - bay garage, with one employee, and all repair work will occur in the enclosed structure. The applicant desires to have no more than five inoperable vehicles and five vehicles awaiting repair will be on the property at any one time, and to utilize an opaque device at least five feet in height to screen the inoperable vehicles from all surrounding properties and Route 50. STAFF CONCLUSIONS FOR THE 05-02-01 PLANNING COMA USSION MEETING: Should the Planning Commission determine that this request is appropriate, staff would:suggest the following conditions: All review agency comments shall be complied with at all times. 2. All repair work shall be accomplished completely within the two -bay garage. 3. No more than five (5) vehicles awaiting repair shall be allowed. 4. No more than five (5) inoperable vehicles shall be allowed on the property at any one time. These vehicles shall be completely screened from view from adjoining properties and Route 50 with an opaque wooden fence. 5. Any proposed business sign shall conform to Cottage Occupation sign requirements; sign shall not exceed four (4) square feet. 6. Any change of use or expansion of this business will require a new Conditional Use Permit. 0:1AgmdaslCONO&'NTSICUP'3\20011David Kollar CUP.wpd WHITACRE 7' �27 A 94 7, K LAR I WILLIANISON K(M-LAR �8' 27 A 93 93 27 A 95 SELDON ,27 A 92 SI_ HULL 27 A 91 27 A CUP#04-01 Location Map For: DAVID A. KOLLAR TIN: 27-A-93 Office of Mapping and GIS, 04/01, Agray ti WHITACRE 7' �27 A 94 7, K LAR I WILLIANISON K(M-LAR �8' 27 A 93 93 27 A 95 SELDON ,27 A 92 SI_ HULL 27 A 91 27 A CUP#04-01 Location Map For: DAVID A. KOLLAR TIN: 27-A-93 Office of Mapping and GIS, 04/01, Agray Submittal Deadline eylazv 5el P/C Meeting�— _0 L BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the de owner other) NAME: IAV E A • 4L ADDRESS. UT�i��1! Y1 �` 1�i` t`�7: ao TELEPHONE ZZo 2. Please list all owners,occupants, or parties in interest of the property: � Vi t-B'.t (i 3. The property is located at: (please give exact directions and include the route number of your road or street) From ie -i nr. ►few{ PrceA.&ai nortL (t ss 4" n 1� 10 4-f - YY aA- " 4 o �r ccAa ►icy... *- . -T", .- v L.¢ -P-1 O n --Pi 4" D i L.c..q 4ro D Pr W j•St Allo +w.i.]t_ :±2 --R:�y a.d ci pa S; YQ 1} . -Tuy/y La orT . -rk.%y ) sa,"I A or') �Y}1.�lbG� s l e ht nw-r.. AN -b - L-2rJ rttk-F P^ Arv,%ejes-r Si . F011,014> Arr.W>`' S.T SErtst P-FPRbX1"tA1 y 21Jla't'R h%; Lf- ) enAA „-z Wage -t bR.c.erA.ALS --124-- . 9e Wt st . !20►L4 (kuA- O►. "fit So LL)jmt (IUGf2.T }41raP5[>t i rXE) JZ. Z »' ugg rtp Sow-thSs of pI= lilvy - STDNC FAc.Eb CrA"&jF to/ koliTz TR414e&— 029Tb002I 19411F/Z. IS QAS?Sr DE *L�q` y���K {P��3 4. The property has a road frontage of ?- feet and a depth of feet and consists of acres. (Please be exact) 477&N -;p 5. The property is owned by -DAV00 A . 14 LLwt, as evidenced by deed from C recorded (previou's owner) in deed book no. 93 on pageT��, as recorded in the records of the Clerk of the. Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 0000 4 0000 93 d Magisterial District Current Zoning -1 7. Adjoining North East South West Property: USE -+ WOO75.. � cb5 �_- LIS,e C7Ould /10J b4 dettr "117&1 ZONING by C'a wm ss acuer o A �Fz vznuz 8. The type of use proposed is (consult with the Planning Dept. before completing) `QC- VMS" iM 6 9C -t PJ kL, s; &PC-%ZP.(, 9. It is proposed that the following buildings will be constructed: 0 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: NAME 'YrJ LU n ADDRESS PROPERTY I IDf P-7QQQ0 AQ000gZ0 NAME J h ►V VJ140W PROPERTY ID# ! 0 d00A 0 C00 9 40 NAME �y cr VV' IiICL r" Q 0 n PROPERTY ID# N)owo ji. popq c6. 0 NAME I o of U r May i !- Sh Ld PROPERTY ID# & I omo- A NAME PROPERTY ID# 5q('()0D 14QOX E?L) NAME ADDRESS P6 ecly &7 H ON -U—) , W Vh ..xOS-0 735 litda IIQ� 5cru' V0. ADDRESS 939 1 NCa'+Y I VVe.S+ey n R, ADDRESS 050 Vii. rVggan A C ,czo. Iia i ADDRESS Sia _ c937. ADDRESS PROPERTY ID# NAME ADDRESS a" PROPERTY IDI NAME PROPERTY ID# ADDRESS 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 infect your property where the proposed use will be conducted. 1� Signature of Applicant Signature of owner Owners' Mailing Address 453a /vore7�fivEsrzeAf 10 JrvcAlESZe;e l V.$ z i j o 3 Owners' Telephone No. Silo — 2 7 - .7-210 9 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 7341 Northwestern Pike, Gore VA '4a 3.7 40 Y ws F U.S.ran S0 iYIOT!! 1fAtIES - C }� z q �t ol r CARS. D. It OREMtstr KERNS . HOUSE:, LOW -10N. SURVEi . DS� 'Aiy2SL o.T9 & .. camsW awLZ 1%01 11:FURSTENAU L;IA pwK •Y* 2636EPHENS ,CITY VIRGINIA E amore Garage This is an old photo of my property given to me from the original owner. Somewhere, I have his name as well as a letter he wrote me after my purchase of the garage in 1988. In this letter he detailed the services he provided at this facility. A partial list of these services included towing, car & truck repair, engine rebuilding, gasoline and oil sales, and vehicle washing. Previous approved uses for this location have included an ornamental iron shop, a crane and rigging office , a lawn and garden/farm tractor repair shop and most re- cently, I have used it for additional storage for my pri- mary business, DK Industrial Services Corporation. Should more information be required, please contact me at my business... 540-877-2209. Thank you, Dave Kollar PC REVIEW: 05/02/01 BOS REVIEW: 05/23/01 CONDITIONAL. USE PERMIT #05-01 COUNTY OF FREDERICK - FIRE & RESCUE Telecommunications Tower LOCATION: At the top of Great North Mountain in Shawneeland; bounded by Timber, Elmwood, and Archwood Trails. MAGISTERIAL DISTRICT: Back Creek PROPERTY IDENTIFICATION NUMBERS: 49B03-123-276 49B03-123-277 49B03-123-278 49B03-123-273 49B03-123-271 49B03-123-279 49B03-123-272 49B03-123-270 PROPERTY ZONING & PRESENT USE: Zoned R5 (Residential Recreation Community) District; Land Use: Vacant ADJOINING PROPERTY ZONING & USE: Zoned R5 (Residential Recreation Community) District; Land Use: Residential / Vacant PROPOSED USE: 190 -foot Telecommunications Tower REVIEW EVALUATIONS: Inspections Department: Structures shall comply with the Virginia Uniform Statewide Building Code and Section 312, Use Group U (Utility and Miscellaneous) of the BOCA National Building Code/1996. Plans submitted for tower shall have seal by a Virginia - licensed design professional. Special Inspections per Chapter 17 of BOCA shall be required. Fire Marshal: Comments during site plan review. County of Frederick Fire & Rescue CUP #04-01 Page 2 April 19, 2001 Winchester Regional Airport: The Winchester Regional Airport Authority has no objections to the proposed conditional use permit; however, we do request site plans be submitted to us for comment and review and that the applicant file an FAA Form 7460-1. Planning and Zoning: Background The applicant proposes to build a 190 -foot lattice Telecommunication Facility to accommodate emergency services telecommunication equipment. The tower will also be constructed to accommodate additional commercial telecommunication carriers. The proposed facility will be located on a 3.67 -acre site located atop Great North Mountain, in the Shawneeland development. The site currently encompasses eight individual lots; the applicant intends to consolidate the lots into a single parcel if the CUP is granted. Zoning Ordinance Requirements Commercial Telecommunication Facilities are permitted in the R-5 (Residential Recreational Community) District with an approved Conditional Use Permit (CUP). The Frederick County Zoning Ordinance specifies that a CUP for a Commercial Telecommunication tower may be permitted provided that residential properties, land use patterns, scenic areas and properties of significant historic values are not negatively impacted. Furthermore, additional performance standards shall apply to the CUP review in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. Zoning Ordinance Conformance The applicant has provided an engineer's report regarding RF testing for the existing emergency services facilities on Great North Mountain. The report states that the existing tower facilities in the vicinity are unable to accommodate the emergency services frequency range without significant disturbance. The report concludes that the emergency services communication facilities should be relocated to another tower free of high level VHF interference. Staff would concur that there are no existing facilities or appropriate structures available for collocation in this general area. Should the tower be required to be lighted by the FAA, it would be provided with a dual lighting system which provides red lights for nighttime and medium intensity flashing white lights for daytime and twilight use. The Zoning Ordinance requires that these lights be shielded from ground view to mitigate illumination to neighboring properties. Landscaping and screening may be required to screen accessary structures from adjoining properties and right-of-ways. Application of this screening requirement will be determined at time of site plan review. The proposed Commercial Telecommunication Facility is generally in conformance with the County of Frederick Fire & Rescue CUP #04-01 Page 3 April 19, 2001 requirements of the zoning ordinance. Request for setback reduction The applicant is requesting a reduction of the setbacks pursuant to Section 165-48.6(B)1 of the Zoning Ordinance as they are proposing to locate the Commercial Telecommunication Facility approximately 190 feet from the property boundaries. The Zoning Ordinance provisions require that towers of 190 feet in height (as is proposed) be placed a minimum of 190 feet from road right-of-ways, and 170 -feet from side property lines. The Planning Commission may reduce the required setback distance for Commercial Telecommunication Facilities if it can be demonstrated that the location is of equal or lesser impact. The applicant has attempted to place the facility in the middle of the site, maximizing the structural setback. The request for a reduced setback has been made in order to provide increased flexibility in the exact location for the placement of the tower. Request to use lattice -type tower construction The applicant is requesting the ability to utilize lattice -type material construction pursuant to Section 165-48.6(B)2 of the Zoning Ordinance. The Zoning Ordinance requires that new commercial telecommunication towers be of monopole -type construction. The Planning Commission may allow lattice -type construction for new commercial telecommunication towers that are located outside the Urban Development Area, and are not adjacent to properties that are identified historic areas. The proposed site is located outside of the UDA, and is not in close proximity to an identified historic areas. Therefore, allowing a lattice -type tower would be in conformance with the intent of the Zoning Ordinance. Conformance with the requirements of Section 704 of the Telecommunications Act f 1996 The applicant is a governmental body charged with providing emergency response services to the community, and will be in conformance with the Telecommunication Act. In evaluating this application, it has been demonstrated that there is a need for the infrastructure within the area of the County identified. The approval of this application would be in conformance with the requirements of Section 704 of the Telecommunications Act of 1986. STAFF CONCLUSION FOR THE 05-02-01 PLANNING COMMISSION MEETING Staff believes that this application for a Commercial Telecommunication Facility has adequately addressed the requirements of the Zoning Ordinance in that a need for this facility, based on a lack of coverage and capacity in this part of the County, has been demonstrated. Further, a reduction of the setback requirements, as well as the allowance for a lattice -type tower construction may be appropriate. Should the Planning Commission choose to recommend approval of this application, the following County of Frederick Fire & Rescue CUP #04-01 Page 4 April 19, 2001 conditions of approval would be appropriate: All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for co -locating personal wireless service providers. 3. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. All lots included in this request shall be consolidated into a single parcel. 0AWgendas\C0MMENTS\CUP's\2001\FredCo_F&R CUK. pd jns9e inzn / 49803123 273 F 49803123278 49B03123227121 72 l' 49803123277 f j ,CUP ##05-01 LOCATION MAP Frederick County Sanitary District. (Frederick Co. Fire & Rescue) PITT: 491303-123-270 491303-123-271 491303-123-272 49B03-123-273I- 49B03-123-276 491303-123-277 r -� 491303-123-278 49B03-123-279 ! Office of Mapping and GIS,, 04/01, Agray Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner —X other) IMMIR-8 ADDRESS: 107 N. Kent Street T; nchestery U1� 22601 TELEPHONE 540-665-5618 2. Please list all owners, occupants, or parties in interest of t the property: f �L-t�tR�LIL CG . Sanitary District u 3. The property is located at: (please give exact directions and include the route number of your road or street) =.2t9fflz 0=0 4. 5. LV - 7. 7. The property has a road frontage of 4 00 feet and a depth of L{00 feet and consists of acres. (Please be exact) The property is owned by FSE j. CO- SiN NII JLV t- i S T& rc i as evidenced by deed from e14A Pt.cMA6N , Cc?-Pd!A %V,%.i recorded (previous owner) in deed book no. %qct on page yp0 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 14 -Digit Property Identification No. S€E Magisterial District Rack_ CrPPk Current Zoning R5 Adjoining Property: USE North vacant East vacant South vacant West vacant ZONING R1; R5 4. The property has a road frontage of 400 feet and a depth of 400 feet and consists of 3.67 areas. 5. The property is owned by the Frederick County Sanitary District as evidenced by deed from Charlemagne Corporation recorded in deed book no. 709 on page 400, as recorded in the recorded of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification Number: 49B03-123-276 491303-123-277 491303-123-278 491303-123-279 49B03-123-273 491303-123-272 49B03-123-271 49B03-123-270 10. Adjoining Properties: 491303-123-48 49B03-123-49 49B03-123-50 491303-123-51 49B03-123-52 49B03-123-53 491303-123-280 491303-123-269 49B03-123-238 49B03-123-274 491303-123-275 49B03-123-248 491303-123-246 491303-123-245 49B03-123-244 49B 03-123-243 B. The type of use proposed is (consult with the Planning Dept. before completing) 9. It is proposed that the following buildings will be constructed: Equipment Building _ 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: r. NAME Lyndel Seldon ADDRESS PROPERTY ID#49B03-123-275 NAME _Mary H Gill ADDRESS PROPERTY ID# 49B03-123-248 NAME ADDRESS PROPERTY ID# 491303-123-247 NAME pCS1p ADDRESS PROPERTY ID# 49B03-123-246 NAME Edward W_ AlfrieMd ADDRESS PROPERTY ID# 4 B NAME Alice Clark ADDRESS PROPERTY IDI 49B03-123-244 NAME John David Slater ADDRESS PROPERTY ID# 49B03-123-243 NAME ADDRESS PROPERTY ID# 49B03-123-246 Q P� ?9oP-,5E1] TovJEP£ ; 13L6G, a 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 Owners' Mailing Address Owners' Telephone No. X77-to35" TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: LJ -IC -,U4 ZZiv oZ-- • • 0 0 COUNTY of FREDERICK Department of Planning and Development MEMORANDUM[ TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planning Director % 546/665-5651 FAX: 540/665-6395 RE: Interstate 81 Clearbrook Rest Area Public Water and Sewer Extension Request DATE: April 18, 2001 1 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 2 %2 -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. 661) from Stonewall Industrial Park. Furthermore, the request includes the extension of an 8 -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 22601-5000 I-81 Clearbrook Rest Area Memo April 18, 2001 Page -2 The CPPS provided the following recommendation on April 9, 2001: The CPPS recommends approval of the extension of a 2 % -inch sewer force main line and a 8 -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) The Virginia Department of Transportation (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. 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. 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 FC SA 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 information and forward a recommendation to the Board of Supervisors for final resolution. MEvaalCommonlComprehmsive AwkWatrSewAIS 1 ClearbrookRestStopWater&SewaExtensionRequest-PCMemo.wpd 2- COMMON -WEALTH of V1RCjYN1LA CHARLES D_ NOTTINGHAM COMMISSIONER y W Mr. Evan Wyatt Frederick County Planning 107 North Kent Street Winchester, VA 22601 Dear Mr. Wyatt: DEPARTMENT OF TRANSPOIZ1 ATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE MaDINSUrchR 2-2824 3,A2001 Ref: VDOT Clearbrook Rest Area Water & Sewer Utility Extensions JERRY A. COPP RESIDENT ENGINEER TELE(540)984-5600 FAX (540) 9845607 I 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 serving the rest area and no easements across the Commonwealth's property shall - be granted for private connections to the extensions. ' Please find attached an executive 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 force 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. BHL/bw Attachments cc: YCindy Ward Paul Szatkowski Jerry Copp John Whitacre, Taylor Turner .,Sincerely, Ben H. Lineberry, Jr. Asst Resident Engineer -4- RECEIVED KAR272001 DEP►, OF PLANNING/DEVELOPMENT FREDERICK CQ1L7',°*!TY SANITATION AUT.1110RITY P.O. Box 1877 Winchester dA 2=504-3377 JAMES T. ANDERS(DiJ. C]rairrnan welling[cq H. Jones, I' E- � ROHEICT N. CARPENTER. Pica-ckairm 1 Engineer-[3irrctor ROBERT P. MOWERY. Sec -treasurer JOHN STEVENS GREGORY W. Hrdb'M Ph. -1540) 368-1061 RICHARD.. RUCKMAN Fax. - t540) 968-1429 February 16, 2001 Commonwealth of Virginia Depar=ent of Transportation Mr. Den A. Lineberry, Jr. 14031 Old Valley Pi'xe 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 oLT standards and specifications. When the Zine is completed and has passed our inspection and testing, Nve will accept it into our system. We will own and maintain the water line. The server for this project is private. We will not inspect it as the Authority will not own it. Should you have any questions, please contact me. Respectfally, John G. Whitacre Engineer /ths WATER AT YOUR SERVICE Rq R_ Stuart Royer & Associate.- VDOT ssociatesVDOT Clearbrook Rest Area Wastewater Service 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 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- R. Stuart Royer & Associates VDOT - Clearbrook Rest Area Water Service EXECUTIVE SUMMARY 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- z , 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 waternlain from the rest area to the existing 10 -inch watermain on Route 11. A meter will be located onsite at the rest area - 8 - rea. 8- = 717?, CHARLES D. NOTTINGHAM COMMISSIONER Mr. Evan Wyatt Wired-erE!',k,. Co:_:nty Planni; I^, 107 North Kent Street Winchester, VA 22601 Dear Mr. Wyatt: COMMONWEALTH of VIRGINIA DEPART WENT OF TRANSPORTAT:ON EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 April 27, 2001 JERRY A. COPD RESIDENT ENGINEER TELE(540)984-5600 FAX(540)984-5607 Ref: Interstate[` 81 Clea rbroo,k .Re�srt .Area ,411J,:L,. YrVt?i.E`r & Sev!er' Extensio I NequeSt Frederick County The Virginia Department of Transportation appreciates the favorable recommendation for the above referenced project at the Comprehensive Plans and Program Subcommittee meeting on April 9, 2001, In response to the three questions that were asked at the meeting the Department offers the following responses: The Department shall prohibit any connections to the water and sewer system on the west side of Interstate 81 by including this item as a condition of the utility agreement between the Department and Frederick County Sanitation Authority,.. A draft version is attached. 2. The attached letter from the Frederick County Sanitation Authority indicates that available capacity exists at the receiving pump station near Stonewall Industrial Park. 3. In response to the concern of the possibility of a leak occurring in the force main, VDOT shall regularly inspect the force main route. This regular inspection shall discover any leaks that could possibly occur in the force main. In addition, the initial construction shall include pressure testing of the force main to 1 1/2 times its operating pressure to verify to.;ears exist prior to the system beer g, plat _d ;s operation, I hope these responses adequately address the concerns of the subcommittee. Should you request additional information or further clarification, please do not hesitate to call me (540) 984-5600. BHL/bw Attachment cc: Mr. Paul Epperly Cindy Ward Sincerely, Ben . I rerry, Ass't Resident Engineer WE KEEP VIRGINIA MOVING i'R ?001 DRAFT — for discussion purposes only UTILITY CONTRACT AGREEMENT FOR SEWER AND WATER SERVICE TO THE VDOT WELCOME CENTER AND REST AREA INTERSTATE 81 FREDERICK COUNTY, VIRGINIA THIS AGREEMENT is made and entered into this day of 2000 between the Commonwealth of Virginia Department of Transportation, herein referred to as "VDOT" and the Frederick County Sanitation Authority, hereinafter referred to as "the County". WITNESSETH WHEREAS, the County plans to extend its water distribution and wastewater collection, and treatment systems, herein referred to as the Utility System, in Frederick County to near the vicinity of Interstate 81 (1-81), and WHEREAS, the VDOT desires to discontinue use of its own wastewater treatment and well facilities at the I-81 Frederick County Welcome Center and Rest Area, herein referred to as the "VDOT Rest Area", and to connect to the Utility System, and WHEREAS, the connection of the VDOT Rest Area to the Utility System will require the construction of new pump stations, force mains, gravity sewers, and water lines to connect to the Utility System; NOW THEREFORE, in consideration of the benefits to be mutually derived from the provisions of water and collection and treatment of wastewater from the VDOT Rest Area by the County, the VDOT and the County mutually agree to the following terms and conditions: 1) The VDOT will arrange for the design and construction and the County will own, operate, and maintain the Utility System to provide water for and collect wastewater from the VDOT Rest Area. The Utility System shall be sized such that, in addition to other needs, it can provide a current average daily water use of gpd, with a possible peak of gpd. The estimated water usage for a 20 -year design is gpd. In addition., the system will collect, transport, and treat wastewater at an average daily flow of gpd and a peak flow of gpd for the Rest Area for a 20 -year design.. DRAFT — For discussion purposes only 2) The project shall consist of the installation of the following: (a) Water A inch (_") waterline service from the VDOT Rest Area, located on 1-81 southbound to and connecting with the existing line. The connection point will be located near the intersection of and (b) Sewer A inch (_") sewer force main will be constructed from the VDOT Rest Area to connect with existing manhole near the intersection of and (c) Fire Hydrant A fire hydrant is to be installed within the VDOT Rest Area property adjacent to the car parking near the VDOT Rest Area building and at all high points in the proposed alignment in order to allow periodic flushing and air release capabilities. A four inch (4") service will be provided for the VDOT Rest Area, including a two inch (2") water meter, and approved backflow preventer, as well as required vaults/enclosures with connection to the existing two inch (2") water service near the VDOT Rest Area building. (d) Closure Plan Plans will include the closure of the existing wastewater treatment facility at the VDOT Rest Area. 3) Any oversizing of lines or additional lines other than the line specifications identified in Item (2) will be considered as betterment. No betterment items are planned for the water or sewer lines. Should any betterment issues be later incorporated, all betterment costs will be the responsibility of the County, to include engineering, construction and administrative costs. 4) The VDOT or VDOT's consulting engineer shail design and prepare the project plans, specifications and estimates. The total contract proposal and an estimate of the project costs shall be submitted to the County for its review and approval prior to advertising of the project for bids. The construction of the project shall be accomplished by the VDOT awarding a contract to the lowest qualified bidder who submitted a proposal in conformity with the requirements and specifications for the work to be performed, as set forth in an appropriate solicitation for bids. 5) The VDOT shall construct, or cause to be constructed, the project in accordance with the plans and specifications of said project as filed with and approved by the County. (a) VDOT shall notify the County five (5) days in advance of initiation of construction of the project. DRAFT — For discussion purposes only (b) The plans, specifications, estimates, construction, engineering and supervision will be provided by the VDOT. (c) The VDOT Edinburg Resident Engineer, at his/her discretion, will assign a Project Engineer to the project who shall have the right to inspect, sample or test, approve or reject any portion of the work being performed by VDOT's contractor to ensure compliance with plans, specifications and the provisions of this Agreement. The Resident Engineer, or his designee, will be the VDOT representative on the project. Prior to the final acceptance and payment by VDOT, the Resident Engineer and/or his representative shall make a final inspection of the completed work. The Resident Engineer will be responsible for final acceptance of the completed work on behalf of VDOT with concurrence from the County. (d) During construction of the Utility System, if any changes in the plans are necessary, such changes must be approved by the VDOT and the County prior to the work being performed. (e) All materials incorporated into the project and workmanship performed by the contractor shall be in reasonably close conformity with the plans, standards, and specifications as approved by the VDOT. (f) The VDOT will be responsible for ensuring that the contractor complies with all of the terms of the approved contract plans and project provisions. (g) During construction of the Utility System, 1-81 and entrances and exits to the VDOT Rest Area shall remain open to traffic. The VDOT shall provide and maintain adequate barricades, signs, signal lights, flagmen and other warning devices for the protection of traffic in conformation with the 1988 edition of the Manual on Uniform Traffic Control Devices for Streets and Highways published by the FHWA. (h) The County shall have access to the job site during construction and will provide periodic inspection of the construction work. VDOT shall submit copies of inspection test reports to the County. 6) The County agrees to provide the VDOT Rest Area facility with a current average daily water use of gallons of water per day, with possible peak usage on weekends and holidays of gallons of water per day. The estimated water usage per day for a projected 20 year design period would be gallons of water per day. 7) The County agrees to accept from the VDOT Rest Area facility a current average daily sewer flow of gallons per day, with possible peak flow on weekends and holidays of gallons per day. The estimate sewer flow per day for a projected 20 -year design period would be gallons per day. DRAFT — For discussion purposes only 8) The County agrees to charge VDOT the standard established monthly water and sewer rates fGr like customers. For water SCi JiCe, VD�v T wiii 1)e ChargCd at iln mdUStrlal%COmmerClal rate _. For sewer service, VDOT will be charged at an industrial/commercial rate of 9) The VDOT shall adjust relocate or cause to be relocated, all existing utilities lying within the right-of-way or construction limits that conflict with construction of the project as a part of this project. 10) The VDOT shall be responsible for the acquisition of all needed rights-of-way, easements and permits required to provide water and sewer services, described in this agreement, to the rest area as part of the project. 11) Ownership: Upon satisfactory completion of the construction of the work covered in this Agreement, the County shall assume ownership and normal maintenance for the water system and further agrees to release VDOT from any further responsibility for the costs of maintenance of said system. However, in the event of a major water line repair, VDOT will reimburse the County the cost of such repairs and/or replacement, subject to prior approval by VDOT and provided that water service is being provided exclusively to the rest area facilities at the time such repairs and/or replacement become necessary. �C Upon satisfactory completion of the construction of the work covered in this Agreement, the County shall assume ownership and normal maintenance for the sewer system from © and further agrees to release VDOT from any further responsibility for the 5,\b- J costs of maintenance of said system. However, in the event of a major sewer line repair, V -P VDOT will reimburse the County the cost of such repairs and/or replacement, subject to prior approval by VDOT and provided that sewer service is being provided exclusively to the rest area facilities at the time such repairs and/or replacement become necessary. 12) It is further agreed that the following provisions shall apply regarding the County -owned utilities covered in the Agreement. (a) The County obligates itself to this service and to maintain its facilities to be retained and installed in accordance with the mandate of the Commonwealth of Virginia's Statutes and such other laws, rules, and regulations as have been or may be validly engaged or adopted, now or hereafter. (b) The County agrees to notify the VDOT Resident Engineer prior to performing any maintenance on the utility lines to be installed along I-81 and/or at the VDOT Rest Area. (c) If, in the future, it becomes necessary due to highway construction or improvement initiated by the VDOT to relocate the sewer lines covered by this Agreement, the non- DRAFT — For discussion purposes only betterment cost of said relocation shall be the responsibility of the VDOT. (d) The County agrees that no service taps for service to any customer other than to the highway facilities as outlined in this agreement will be made from within the VDOT Rest Area site or the 1-81 rights-of-way. 13) Subject to compliance by the County with the provision set forth in this agreement, VDOT will participate in the engineering, administrative and construction costs of this project, subsequent to approval by the Department. (The estimated project cost is approximately $ ) This estimate could vary due to numerous factors such as bids received, rights of way available, closure of the existing treatment plant, and extension of three-phase power to the VDOT Rest Area. 14) VDOT reserves the right to withdraw from this Agreement at any time prior to construction of the project. VDOT shall participate in the costs incurred up to the abandonment of the project subject to the terms of this Agreement. Any Notice of Withdrawal from this Agreement by VDOT shall be in writing delivered Certified Mail to the County Administrator. IT IS UNDERSTOOD AND AGREED that the approval of the Utility System by VDOT is subject to the conditions of this Agreement and that no expenditure of funds on the part of VDOT will be made until the terms of this Agreement have been complied with on the part of the County. DRAFT — For discussion purposes only IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper offices thereunto duly authorized the day and year first above written. FREDERICK COUNTY By: Date: County Administrator By: Date: County Engineer COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION By: Date: Acting Commissioner Approved to Form: EO Review: Date: Fiscal Review: Date: Legal Review: Date: DRAFT — For discussion purposes only COUNTY OF FREDERICK, To -Wit: I, , a Notary Public in and for the Commonwealth of Virginia, at Large, do certify that whose names are signed to the foregoing instrument and annexed writing, bearing the date on the day of , 2000 have this day acknowledged the same before me in the county aforesaid. Given under my hand this My Commission Expires _ COMMONWEALTH OF VIRGINIA City of Richmond, To -Wit: day of , 2000 Notary Public I, , a Notary Public in and for the Commonwealth of Virginia, at Large, do certify that , the whose name is signed to the foregoing writing bearing date on the day of , 2000 have this day acknowledged the same before me. Given under my hand this My Commission Expires _ day of , 2000 Notary Public FRED:ERiCX COUNTY SANITA-TION AUTHORITY P.O. Box 1377 Winchester VA 22664-3377 .; AMES "T. ANDERSON, Cha;` Tan ROBERT N. CARPENTER, Wee -chairman ROBERT P. MOWERY,.Sec-traasxrer ,JO IN si VENS GREGORY W. HEWITT RICHARD A. RUCKINIAN April 23, 2001 Virginia Department of Transportation Mr. Ben Lineberry 14031 Old Valley Pike Edinburg VA 22824 REFERENCE: I-81 Clearbrook Rest Area SUBJECT: Sewer Service Dear Mr. Lineberry: we39in ;ton H. ,7i>res. RE. Agineer-Dir °cwr Ply. — (3 40) 3,53- 1 116 3 FAX. — l yu) 3153-1 +29 RECEIVED VDOT - Edinburg Residency APR 2 5 2001 LAI OSANI We have sufficient sewer capacity to serve the Clearbrook Rest Area. /ths Respectfully, John G. Whitacre Engincer NATER AT YOUR SERVICE "ism 1 Kwft E S DUNCAN BROS. FIRE CO. Main Office 130 Millwood Avenue Winchester, VA 22601 April 27, 2001 Apt. 1802 6101 Edsall Alexandria, Mr. John Riley County Administrator Frederick County, Virginia 107 N. Kent Street Winchester, Virginia 22601 Dear Mr. Riley: A?R S c Road Virginia 22304 Mr. R. J. Turner and Mr. John Scully have informed me that VDOT is planning to run a sewer line from Winchester up to the Visitors Center near the West Virginia line on the west side of I- 81. As a property holder and as executor of the estate of Emma S. Duncan's land at the junction of I-81 and Route 11 on its northwest corner, I am most interested in that proposal. However, I would like to suggest that the sewer line should be built on the east side of I-81 instead, so that it would not only serve our needs and possible development but also the Carroll, Zuckerman, and Lovett properties. This would be consistent with the County's Planning Commission's plans for economic development along Route 11. If I may, let me also suggest the possibility that the best and most utilitarian route would be along the right -away of the Winchester and Western Railroad for all of that property. I would hope that VDOT would take into account what the different possibilities would do for the county's tax base in aiding economic development in that area. Thanking you in advance for your consideration, I remain, Sincerely Your ,- � CUP. TO - Richard R. Duncan APR 3 0 2001 Chairman, Board of Directors r �;�.ONO DEPT. OF PLAN NINGIDEVELOPMEVT "\" —NIBa DATE: 41-7k,IC Winchester, VA 22601 Winchester, VA 22601 Millwood Ave. (540) 662-6641 Valley Ave- (540) 662-8333 Hagerstown, MD 21740 Culpeper, VA 22701 Front Royal, VA 22630 Martinsburg, WV 25401 (301)797-1600 (540)825-2471 (540)635-9811 (304)263-14C0 MEMBER OD Institute of Scrap Recycling Industries, Inc. April 27, 2001 ca Xackerman J SCRAP METAL PROCESSING AND RECYCLING P.O. Box 3275 Winchester, Virginia 22604 Phone (540) 667-6000 zukrmnco®shentel.net FAX (540) 667-8248 Mr_ John Riley County Administrator 107 N. Kent Street Winchester, VA 22603 Re: 1-81 Sewer Line Dear Mr_ Riley, see that VDOT is proposing to install a sewer line on'the VDOT right-of- way on the west side of 1-81 from the end of the existing line to the 1-81 rest area. As a property owner without public sewer in the same general area, I am asking if the line could possibly be run on the east side of 1-81 instead of the west side; again, using the VDOT right-of-way and a larger diameter line. In other words, transfer the VDOT projected costs to the east side, and we, the property owners along with the Frederick County Sanitation Authority, pick up the additional costs_ It is my understanding that a significant amount of property in this area is planned for industrial and commercial use_ Some of the property is, at present, properly zoned. All consideration given to me and the other property owners in this area would be greatly appreciated. If additional information should be needed, please contact me at 667-6000 as I anxiously await your prompt reply. Sincerely, ZUCKERMAN COMPANY, INC. Richard Williams President RW.je #010PRINTED ON RECYCLED PAPER R.D. Brown P.O. BOX 3336 Winchester, VA 22604 Ur, John Riley Frederick County Administrator 107 N. Kent Street Winchester, VA 22601 Dear Mr. Riley, T AP7 n� �7 April 24, 2001 "' -- J. Ref: VDOT Clearbrook Rest Area Wates- & Sewer Utility Extension It is my understanding VDOT's proposal is to bring a 2.5 -inch force sewer line 10400 feet along the westbound lane of I-81, and an 8 -inch water line from the existing 10 -inch line that parallels US.11. This proposal would serve only the VDOT Rest Area facility. As a property owner on the East side of I-81, and a participant in a group that has developed a sewer line study regarding the Stonewall area, this would appear to be an excellent j::,p%rtunity to serve the commercial and industrial possibilities on the East side of I-81 as well. The Route 11 Corridor has long been identified by Frederick County as an attractive and probable area for future industrial and commerical development. The area is within the Frederick County Sanitation Authority's service area and num- erous sites have access to rail service. This could be accomplished through a joint effort with VDOT and property owners on the East side of I-81. A 6 -inch force sewer line along the East side of I-81 on private property adjacent to the VDOT right of way would provide controllable opportunities for this type of development as well as provide sewer service to Stonewall Elementary_ -School.;. I respectfully request consideration of VDOT's current proposal be delayed pending a quick determination of the feasibility of this opportunity. COPY TO: cc: file _RCS ____WHS_CW® ' _ RIMS—S R _ MBD CU�,`l Sincerely, Robert D. Brown 112 NORTH CAMERON STREET WINCHES TER, VIRGINIA 22601 (540) 662-0323 • Fax(540)667-3925 • (800) -932-6002 April 23, 2001 Richard Shickle, Chairman Frederick County Board of Supervisors €�'T 107 North Kent Street Winchester, VA 22601 s Dear Dickie: ' It came to my attention in the recent newspaper article that the Virginia Department of Transportation is seeking County approval to build a forced sewer main to their rest area at Clear Brook along the west side of I-81. I know you have had several phone calls on this subject. Per John Riley's suggestion, I am writing to explain that I have a contract on the Duncan property which is the property just north of the Interstate 81/Route 11 interchange to the west of Route 11. We will be before the Frederick County Planning Department for re -zoning on this property in a few weeks. Among the details we are in the process of working out is how will we provide water and sewer to the property. It occurs to us that the Duncan property, the Buckley-Lages property just north of the Duncan property, the Zuckerman property and a number of other properties that he west of Route 11 and east of I-81 and north of the intersection of Route 11 & I- 81 could be served if the Highway Department were to consider putting their forced sewer main along the railroad right of way that is east of I-81. A forced sewer main along the corridor east of I-81 could even serve the Stonewall School which I understand now has a pump and haul system. It would have a positive impact on the industrial and commercial development in that area. Mr. Duncan and I, and other property owners in the area, are interested in pursuing this idea, and would appreciate any ideas you have on the subject. Sincerely, John S. Scully, IV JSS/ wck JPYTO: Copies to: John Riley, Chuck DeHaven, Wendy Jones, Mr. Duncan I DATE: 61 I ORdGi�V;i .: F I LL cc)ri A -o ti15010\ P. O. Box 3214 Winchester, Virginia 22604 April 20, 2001 Mr. Richard C. Shickle Shenandoah University 1460 University Drive Winchester, Virginia 22601 Dear Mr. Sh fickle: I read an article in The Star where;,plans are underway for a 2 1/2 -inch sewer line to the Route 81, North, Rest Area, coming along the west side of the interstate. I own 107 acres of land, zoned M-2, on the east side of Route 81, North, with railroad siding. I would like the Board of Supervisors to consdier putting the sewer line on the east side rather than the west. I, and several other property owners, would like to discuss this matter further with you. I am looking forward to hearing from you at your earliest convenience. You can reach me at 304-229-8694 or you can call my wife, Betty, at the F & .M Bank. Her extension is 665-4358. Sincerely yours, J s H. Carroll JHC/bhw BURR P. HARRISON 1904-1973 WILLIAM A. JOHNSTON H. K. BENHAM III BILLY J. TISINGER IAN R. D. WILLIAMS CHARLES S. McCANDLISH BRUCE E. DOWNING TRAVIS JOSEPH TISINGER STEPHEN L. PETTLED, I&. HARR15ON & JOHNSTON ATTORNEYS AT LAW POST OFFICE BOX 809 WINCHESTER, VIRGINIA 22604 April 19, 2001 Mr. John R. Riley, Jr. Administrator for County of Frederick 107 North Kent Street Winchester, Virginia 22601 Re: Sewer to Clearbrook Rest Area Dear John: STREET ADDRESS 21 S. LOUDOUN STREET WINCHESTER, VIRGINIA 22601 TELEPHONE AREA CODE 540 667-1266 FAX NO. 540-667-1312 �,�-��19•Eu?I ��lJ y APR 2001'Ad- `=' fRF4z.H.i�1': •_�,i1.t�'•�. cmc .r t�� I am writing on behalf of Brown Lovett who owns a tract of land lying on the East side of Route 81, immediately opposite from the Clearbrook Rest Area. He, like the other landowners lying on the East side of Route 81 between the intersection of Route 81 and Route 11 and the Clearbrook Rest Area, recommend that the proposed sewer line to be constructed by Virginia Department of Transportation should be run on the East side of Route 81, not on the West side of Route 81, and should run along the railroad tracks. By so doing, the distance the sewer is to travel would appear to be shortened and if the sewer line is enlarged and the adjacent landowners allowed to use same, the landowners will pay the additional cost of running the sewer. By this letter, Mr. Lovett is advising that he is willing to pay his share of the cost of enlarging the sewer line and extending it as set forth above. By the landowners paying the additional cost and by the Virginia Department of Transportation paying the amount they initially intended to pay, sewer can be provided to the area at no cost to the County. In addition, if the main is made large enough, the sewer line could be extended to additional land users. Sincerely yours, H. K. Benham, III HKB,III:krb CC: Mr. W. H. Jones, P.E. Mr. Richard C. Shickle Mr. Charles S. DeHaven, Jr. cur, +J ? (C&nn; 061 Mr. Brown Lovett - Vr Raymond L. Fish 2619 Apple Pie Ridge Rd. Winchester VA. 22603 April 16, 2001 Mr. Richard-Schicklef Chairmarr: - M� Frederick County Board of Supervisors 107 N. Kent St. Winchester VA 22601 Dear Richard: This is to express my concern about the proposed 2 1/2" sewer line that V -DOT plans to install from the 1-81 rest stop to the county sewer system. I see this project as a very short-sighted solution to their problems as well as being as extravagant waste of tax dollars. A much better plan would be to take the line down the east side of 1-81. For a cost of pennies more, per foot, a 6" to 10" line could be installed and provide service to several properties along the way (possibly even my own). This would relieve a serious need for sewer service to several property owners and at the same time create some badly -needed industrial sites with railroad access. The increased cost would be minimal and when shared by others would probably result in fewer dollars out of pocket to V -DOT. A sewer line east of 1-81 could also relieve a serious and costly pump -and -haul situation at Stonewall School, freeing up several hundred dollars per month that could be much better spent on education. I hope you will give serious consideration to altering this plan to the mutual advantage of all parties concerned, including V -DOT. 71-V__ Raymond L. Fish cc: Chuck DeHaven John Riley C 0'"\ -�C' ? I C n Y, ` w 1301 (� l 1-1 • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planning Director RE: Pioneer Trailer Park Public Water and Sewer Extension Request DATE: April 18, 2001 Greenway Engineering has submitted a request on behalf of Mr. Linwood Ritter for the extension of public water and sewer service to Pioneer Trailer Park. Pioneer Trailer Park is located on the west side of Hudson Hollow Road (Rt. 636), approximately %2 mile south of the intersection with Fairfax Pike (Route 277). The parcel in which Pioneer Trailer Park is situated is zoned MH- I (Mobile Home Community) District and consists of 5.64 acres. The parcel is located approximately'/2 mile south of the current Sewer and Water Service Area (SWSA) boundary. The Board of Supervisors denied a request for sewer extension to this parcel on April 26, 1995. On July 13, 1998, the Comprehensive Plans and Programs Subcommittee (CPPB) recommended approval of the extension of water service from the Sherando Park to this parcel with conditions; however, the Parks and Recreation Commission denied a request for a water line easement during their August 18, 1998 meeting. On September 11, 2000, the CPPS once again considered a request for the extension of water and sewer service to this parcel. This request to provide public water and sewer lines along Hudson Hollow Road outside of the Sherando Park property received a recommendation of denial from the CPPS. On April 9, 2001, the CPPS considered a request for the extension of a two-inch sewer force main from the Sherando Park property into this site. The applicant believes that this approach would benefit the County and the residents in this area by eliminating a substandard lagoon system that discharges across the Sherando Park property. The applicant advised the CPPS that the installation of public water and sewer lines and a pump station would require the addition of at least eight new mobile home units to offset the costs associated with this improvement. The CPPS did not express concerns with the increase in residential units on this property provided that this was accomplished through an approved development plan process and that the infrastructure within Pioneer Trailer Park and Sherando Park was owned and operated by the Frederick County Sanitation Authority (FCSA). 107 North Kent Street • Winchester, Virginia 22601-5000 Pioneer Trailer Park Memo April 18, 2001 Page -2- The CPPS provided the following recommendation on April 9, 2001: The CPPS recommends approval of the extension of a 2 -inch sewer force main line and a 2 -inch water line from the existing lines within the Sherando Regional Park to serve Pioneer Trailer Park which is located outside of the Sewer and Water Service Area (SWSA). This recommendation for approval is conditioned upon the following: 1) The Frederick County Parks and Recreation Commission agrees to the establishment of all necessary easements. 2) The water and sewer infrastructure within Sherando Park and Pioneer Trailer Park is dedicated to the Frederick County Sanitation Authority (FCSA) for operation and maintenance. 3) The applicant obtains all required design plan approvals from the FCSA and County staff. 4) The system is designed to only serve Sherando Park and Pioneer Trailer Park. 5) Any request to expand the size or capacity of this water and sewer system would require approval by the Board of Supervisors. Please find included a letter from Greenway Engineering dated March 6, 2001, requesting consideration of this request; a letter from the Frederick County Sanitation Authority (FCSA) dated January 24,200 1, stating that the FCSA would accept the facilities within Sherando Park and Pioneer Trailer Park for operation and maintenance; a memorandum from the Parks and Recreation Department dated February 15, 2001, advising the Planning Department that the Parks and Recreation Commission will not consider this request until a favorable decision is rendered by the Board of Supervisors; a memorandum from the Planning Department dated July 15, 1998, which identifies the conditions placed on the approval of allowing a water line extension from Sherando Park; and a map which identifies the proposed routing of the two-inch sewer force main. Staff asks that the Planning Commission review this information and forward a recommendation to the Board of Supervisors for final resolution. UAEvan\Common\Comprehensive Plan\WatrSewr\PioneerTrailerParkWater&SewerEstensionRequest-PCMemo.wpd - 2 - l 1 Founded in I97I 151 Windy Hill Lane Winchester, Virginia 22602 March 6, 2001 Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 ATT: Evan IvVyatt RE: Pioneer Trailer Park Dear Mr. N-„att: Please end attached a schematic drawing of a proposed sewer routing from the existing lagoon in the Pioneer Trailer Pard to an existing sewer connection in the Frederick County/Sherando Park facility. The play: A`ndicates an overall drawing of V = 100' on the left side and a field survey drativing of the proposed server ro-aing tial was previously walked over and reviewed by the Frederick County Sanitation Authority. its scale is 1” = 50'. I am hepeful this information is clear enough to show our routing of the proposed sewer force main. Additionally, there is attached a letter from Mr. Wellington Jones of the Frederick Cowity Sanitation Authority which indicates their wiL'ingness and ability to take over the force main and se- ger far, es in he Sherando Parti area. With this commitment, this hill enable the Pioneer Trailer Park to elimmaie their lagoon facility and discharge sewer to a public treatment area. This connection makes the most logical planning and engineering sense and also eliminates a privately owned and maintained lagoon system or futare treatment plant system in the boundaries of Frederick County. Please schedule us for the neat available Comprehensive Plans and Policies Sub -committee meeting so that ive ma,, be for -yarded to the Planning Commission and Board of Supervisors for favorable approval. Thank you for your patience and assistance iirhelping resolve this matter. Sincerely Greenwa" Engine:erin. � U Mark D. Smith, P.E., L.S. President Enclosures CC: Linwood Ritter, owner Wellington Jones — Frederick County Sanitation Authority, Diu John Whitacre — Frederick County Sanitatior. Authority NIAR 6 2001 DEPT. OF PLAyNINGIDEVELOPO" File til 1MNIDSidls Engineers SuFVeI;ors FOCphunc 540-66FAX 540-722-9526 FREDERICK COUNTY SANITATION AUTHORITY P.O. Box 1877 Winchester VA 22604-8377 JAMES T. ANDERSON, Chairman ROBERT N. CARPENTER, Vice-chairman ROBERT P. MOWERY, Sec -treasurer JOHIN STEVENS GREGORY W. HEWITT RICHARD A. RUCKINUN January 24, 2001 W. Mark Smith Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 REFERENCE: Pioneer Trailer Park Dear Mr. Smith: Wellington H. Jones, P.E. Engineer -Director Ph- — (540) 368-1061 Fax. — (540) 863-1429 This will confirm our telephone conversation -yesterday about sewer service to the referenced trailer park. Should it be agreeable to the County, the Pioneer Trailer Park can install a line to the existing lines in Sherando Park in order to obtain sewer service from the Sanitation Authority. -The lines down stream of the point at which.connection is made to the existing lines in Sherando Park, and the line from the trailer park, will be maintained, operated, and replaced when necessary by the Authority. Should you need addition information or clarification, please call. Sincerely yours, W_ H. Jones, P. E. n„--i'neer-D1rector . /ths NV,' TER AT IM R SERVICE COUNTY Y of FREDERICK Parks and Recreation Department James M. Doran, Director 540-665-5573 FAX: 540-655-9697 M EMo To: Evan Wyatt, Planning -and Development Director From: Jaynes M. Doran �I Subject: Ritter Request Date: February 15, 2001 As per our discussion, the Parks and Recreation Commission will only consider a connection to the county's sewer line within Sherando Park, by an entity outside the urban development area, if the proposal has first gained formal approval of the Planning Commission, Sanitation Authority and the Board of Supervisors. The Commission believes that this request represents an exception to existing Planning and Sanitation Authority policy; therefore, action by the above stated bodies would be required prior to consideration by the Parks and Recreation Commission. This position, taken by the Parks and Recreation Commission's Executive Committee at their February 12, 2001 meeting, is consistent with action taken by the full Commission at their August 20, 1998 meeting when a similar request for a water line easement was denied. (See attached action report) If you have any question or need additional information regarding this matter, please let me know. Attach REE CEI FD i=9 1 5 2001 107 Nortiz 4<ent Street Winchester, VA 12601 Oma_ M E M Q R A N D U M TO: John R. Riley, JrCounty Administrator FROM: James M. Doran /" 3 SUBJ: Action Taken b Parks and Recreation Commission DATE: August 20, 1998 N COUNTY of FREDERICK Parks and Recreation Department James M. Doran, Director 540-665-5675 FAX: 540-665-9637 The Parks and Recreation Commission met on August 18, 1998. Members present were: Robert Roper, Timothy Hockman, Charles Sandy, Robert Hartman, Jane Vickers, Margaret Douglas. Submitted for Board Information Onlv: 1. Water Line Extension Easement Request - Mrs. Vickers moved to accept the 2" water line easement request through Sherando Park to Mr. Linwood Ritter's property, second by Mr. Hartman. Motion was defeated 4-0. 2. 1997-98 Budget Summary - Mr. Roper moved to request carry forward funds from the capital budget surplus in the amount of $258,053 for installation of playground equipment and completion of the bikeway project at Sherando Park, second by Mr. Hartman, carried unanimously (4-0). 3. Mr. Roper moved to request carry forward funds from the operating budget surplus in the amount of $93,000 to upgrade lighting on the athletic fields ($70,000); grant funds ($5,000); and the purchase of a new pick up truck ($18,000), second by Mr. Hockman, carried unanimously (4-0). copy: Charles R. Sandy, Jr., Chairman Margaret Douglas, Board Liaison Cheryl Shiffler, Finance Director 107 North Kent Street Winchester, VA 22601 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 1V1h1VI0RANDUM TO: Matthew G. Hott, Superintendent of Parks FROM: Evan A. Wyatt, Deputy Planning Director RE: Lynwood Ritter Water Service Extension Request DATE: July 15, 1998 The Comprehensive Plans and Programs Subcommittee (CPPS) considered a request from Mr. Lynwood Ritter to extend water service outside of the Frederick County Sewer and Water Service Area (SWSA) during their July 13, 1998 meeting. Mr. Ritter's request entails a connection of a two-inch water line to the existing ten -inch water line in Sherando Park to serve a 5.64 acre tract which is zoned MH -1, Mobile Home Community District, and is identified as P.I.N. 86-A- 208. This proposal would necessitate the crossing of Lakeview Circle, the acquisition of an easement through Sherando Park, and permission from the Frederick County Sanitation Authority (FCSA) to connect to their infrastructure. The CPPS recommended approval of this policy request to mitigate a public health and safety concern. The CPPS advised the applicant's: engineer that the approval was conditioned upon the following: 1) The size of the water line extended to Mr. Ritter's property was not to exceed two inches. 2) The two-inch water line would be designed specifically to serve the 5.64 acre tract zoned MH -1, Mobile Home Community District. 3) The two-inch line is for the purpose of addressing health and safety issues for the existing residential units on this property (12 mobile home units and five single family units) only. 4) Any request to expand upon the size or capacity of water service to this property would require approval by the Board of Supervisors. This request will be forwarded to the Planning Commission and the Board of Supervisors for final disposition following a recommendation from the Parks and Recreation Committee. Please contact me if you have any questions regarding the CPPS recommendation. cc: Marjorie H. Copenhaver, CPPS Chairman 0-\EVAN\CO?ALIO; XCPPS HOLT.\1 ENI 107 North Kent Street • Widhester, Virginia ??601-5000 cr- LL2 LLJ ;z 0 :z LU LLJ LLJ n3 Ehar 6 �e a. cc w -i ZZ, cc w W Z 0 III E- 2:5 a:z E- mixE5 a ir E - w z E- a OW CVr4 W= ar-. 0 I DATE: 02/23/01 1 SCAI.a AS NOTED DESIGNED BY JNT FIL-- 10. 1103 E 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planning Director RE: 2001 Primary Road Improvement Plan DATE: April 19, 2001 Please find attached the Draft 2001 Frederick County Primary Road Improvement Plan for review and recommendation. The purpose of this plan is to advise the Commonwealth Transportation Board of the funding priorities for the Primary Road System in Frederick County. Frederick County representatives will be attending the 2001 Pre -allocation Hearing to present this plan to the Secretary of Transportation, our Commonwealth Transportation Board representative, and other members of the State panel. To date, the 2001 Pre -allocation has not been scheduled. The Draft 2001 Frederick County Primary Road Improvement Plan maintains the same priorities from the 2000 Frederick County Primary Road Improvement Plan that were approved by the Board of Supervisors on March 8, 2000. Project descriptions have been amended to jibe with locally adopted long-range road improvement plans and to reflect current conditions. The Frederick County Transportation Committee considered this plan during their meeting on April 18, 2001. The committee believed that it would be appropriate to footnote the Route 37 project to identify the need to begin the first phase of Route 277 prior to the build out of Route 37. Furthermore, the committee felt that the Interstate 81 priorities should be revised to reflect the funding plan that has been approved for the new bridge at Exit 323. The committee felt that the priorities as amended were appropriate and recommended unanimous approval of the plan. Staff asks that the Planning Commission consider the improvements identified in the 2001 Primary Road Improvement Plan and forward a recommendation to the Board of Supervisors for final resolution. U:\ARCHIVE\CHRIS\Transportation\RoadPlans\Primmy Road Plan\2001 PrimwyRoadPlmDescription-PlanningCommissionlnformation.wpd 107 North dent Street • Winchester, Virginia 22601-5000 2001 PRIMARY ROAD IMPROVEMENT PLAN for FREDERICK COUNTY DRAFT PREFACE The 2001 Primary Road Improvement Plan for Frederick County, Virginia continues to focus on the right-of-way acquisition and construction of the Route 37 Eastern Bypass and improvements to existing major and minor arterial systems within the county's Urban Development Area. The improvements recommended in this plan remain consistent with the Winchester Area Transportation Study and the Interstate 81 Improvement Study and are intended to manage the traffic demands in Frederick County and the City of Winchester into the foreseeable future. These projects are listed in order of priority and will continue to appear on subsequent plans until funding has been secured for their completion. 2401 PRIMARY ROAD IMPROVEMENT PLAN 1) Route 37 Eastern Bypass (Alternative C) A) Obtain approval of the Environmental Impact Statement (EIS) for the preferred alternative recommended by the Commonwealth Transportation Board and receive reimbursements from the Virginia Department of Transportation. B) Initiate final engineering and design, acquire right-of-way, and establish a construction phase schedule for the preferred alternative between the southern terminus of Route 37 to the new intersection with Route 7 east of the City of Winchester as follows: * From the southern terminus of Route 37 to Route 522 South Footnote: It is intended that the first phase of Route 277 as identified under item #2 be programmed for construction following the completion of Route 37 - Phase I * From Route 522 South to Route 50/17 East * From Route 50/17 East to Route 7 East C) Program funds to initiate engineering and design, right-of-way acquisition and construction from Route 7 to the Route 37 northern terminus once a final study corridor is agreed upon by the Commonwealth Transportation Board and the County of Frederick. 2) Route 277 (East of Stephens City) From: I-81/277/647 Intersection (East of Stephens City) To: Route 340/522 South Intersection (East of Double Toll Gate) Phase I - From the I-81/277 Interchange to Route 636 Phase II - From Route 636 to Route 340/522 A) Work with county staff to acquire dedicated right-of-way and achieve grading, drainage, and construction improvements in conjunction with development projects which occur along the corridor until such time that funding is available for construction. B) Establish a construction schedule for the phased improvement of Route 277. C) Program funding for the completion of right-of-way acquisition and construction of each phase as described above. 3) Route 11 (North and South of Winchester) A. Establish an Urban Four Lane System from the southern limits of the City of Winchester to the intersection of Route 652, B. Establish an Urban Four Lane System from the northern limits of the City_ of Winchester to the intersection of Route 761. 4) I-81 (East of Winchester) From: West Virginia line To: Warren County line Provide additional travel lanes on the main line, collector -distributor lanes adjacent to the main line, modifications to existing interchange areas, and develop new interchange areas and bridge crossings of the main line as recommended by the Interstate 81 Study and the Winchester Area Transportation Study. (WATS). Priority One - Route 669 Bridge Reconstruction Priority Two - Route 277, Exit 307, to Route 37 North Priority Three - Remainder of I-81 in Frederick County 5) Commuter Park and Ride Lots Establish a new park and ride facility along the Berryville Pike (Route 7) corridor. Work with the Lord Fairfax Planning District Commission to determine appropriate locations for park and ride facilities at other strategic locations within the County's Urban Development Area. U:\ARCHIVE\CHRIS\Transportation\Road PlansTrimary Road Plan\2001 Primary Road Plan Text.wpd 0 v • PC REVIEW DATE: 05-02-01 BOS REVIEW DATE: 05-23-01 MASTER DEVELOPMENT PLAN #01-01 WESTMINSTER CANTERBURY REVISION LOCATION: The property is located at 300 Westminster -Canterbury Drive, off ofNorth Frederick Pike (Route 522 North). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 53 -A -63A PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) District Use: Independent Living, Assisted Living, and Nursing Home Residential Facility ADJOINING PROPERTY ZONING & PRESENT USE: North - Zoned: RP (Residential Performance) District Use: Residential South - Zoned: LR (Low Residential) District Use: Residential/Vacant East - Zoned: RP ( Residential Performance ) District Use: Vacant West - Zoned: RP ( Residential Performance) District Use: Residential PROPOSED USE: Addition of 23 Independent Living Cottage Units REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to this site plan. Present entrance(s) is adequate for proposed improvements. Should business ever expand in the future, entrance(s) may need to be upgraded. Sanitation Authority: We can serve this project. Frederick County Inspections: Buildings shall comply with The Virginia Uniform Statewide Building Code and Section 310, Use Group R (Residential) of the BOCA National Westminster -Canterbury, MDP #01-01 Page 2 April 19, 2001 Building Code/ 1996. Please submit detailed pump information for lots located on the Forced Sewer Main. Information shall include: detail drawing, type pump, horse power rating and calculations covering activation probability of pumps coming on at one time. Fire Marshal: Fire lane markings and signage at all fire hydrants. Plan approval recommended. County Engineer: We offer no comments at this time. We will perform a complete review at the time of subdivision or site plan submission. Parks and Recreation: The Parks and Recreation Department would encourage continued development of trails which would serve this phase of development, as well as provide a link to existing Westminster Canterbury areas. City of Winchester: Appears that all new construction is within Frederick County. Only counted 23 units, although Sheet 1 calls for 24 units. Planning and Zoning: Site History The Board of Supervisors rezoned the property on which the Westminster Canterbury facility is located on August 24, 1983 (Rezoning 4005-83). The ensuing development of the property was prior to the County's current MDP requirements. Subsequent cottage/duplex development on the property in 1991 and 1994 necessitated the approval of Master Development Plans #005-91 and #008-94. In 1997, the Master Development Plan (MDP #007-97) was revised to enable the development of additional cottages and the expansion of the assisted -living residential facility. Project Scope Westminster Canterbury is proposing to develop twenty-three (23) independent living cottage/duplex units, and expand a parking lot serving the assisted -living facility. The proposed cottages will be in addition to the twenty-six (26) cottages that presently exist on the property. Access to the cottage development is to be provided through private driveways that connect to the existing Westminster Canterbury Drive (Route 1318). The revised Master Development Plan that is being considered will result in a net decrease in the number of residential units in the Westminster Canterbury development. Master Development Plan #007-97 planned for the construction of 18 cottages (Phase III), and 65 apartments and six health care units (Phase IV) to be located within the county; these units have been removed from the revised master development plan. The previously -approved 18 cottages have been removed from the MDP, and replaced by a parking lot expansion. The removal of these previously approved cottages results in a net increase of five cottage units. While the Westminster Canterbury property is within both Frederick County and the City of Westminster -Canterbury, MDP #01-01 Page 3 April 19, 2001 Winchester, the improvements associated with this revised Master Development Plan will occur completely within the County's boundaries. Issues Staff's review of this Master Development Plan highlights no significant concerns. The gross density of the project, at 3.73 units per acre, is below the maximum permitted 5.5 units per acre gross density for this development. The proposed density is also below that density permitted under the previously approved MDP. Thirty-eight (3 8) acres of open space, which is 80 percent of the development, has been provided. This surpasses the minimum open space requirement which is 30 percent. Furthermore, the acreage of disturbed environmental features is significantly lower than the amount of disturbance permitted. The following relatively minor issues should be considered by the Planning Commission: 1) Transportation The proposed private driveways that provide access to the future cottage developments should be aligned to form cross intersections. These driveways should also intersect Westminster Canterbury Drive at approximately right angles. A street name should be assigned to all driveways providing service to more than three residences. 2) Buffer and Screening The applicant is correctly showing a one -hundred (100) foot perimeter single family separation buffer adjacent to all abutting single-family residences. The detail of all buffers is to be determined at the site plan stage. Additional landscape screening could be provided near the corner of the Canterbury Square development to shield headlamp glare from the proposed road. 3) Environmental Features The location of the environmental features, in addition to the area that is to be disturbed, should be shown on the MDP. STAFF CONCLUSIONS FOR 05-02-01 PLANNING COMMISSION MEETING: The overall concept of this Master Development Plan is consistent with the Comprehensive Policy Plan and the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. O:%Agendm\COMMENTS�MDP's\W esttninster-Canterbury.wpd I �53 A 634 i Qi l of Winchester, VA T"DP#01-01 Location AbP For: Westminster - Canterbury PIN: 53 - A - 63A Office of Mapping and. GIS, 03/01, Agray Frederick County, Virainia Master Development Plan Application Package APPLICATION MASTED DEVELOPMENT PLAN 1. Project Title : 2. Owner's Name: 3. Applicant: Address: Phone Number: 4. (Please list the names of all owners or parties in interest) Design Company: Address: Phone Number: Contact Name: A tel-STt N1 Svz� Page 11 Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: 5-r9;z , - 01=1= or— 0. . 5= N 14 6. Total Acreage: _ 4.9 . Z74-7 45: 7. Property Information: �� , �� _ <63Aa) Property Identification Number (PIN): �d b) Current Zoning: C) Present Use: �'• I0C—N TI A4— d) Proposed Uses: It e) Adjoining Property Information: Property Identification Numbers Property Uses North J. P. DAPLi6x; -r hi S)m. R_E;�I South isz — I — 4 AGmiG. East SS —A — 49 4QM)C,- West DU:> Ponx SJBp. pze�5,l p . f) Magisterial District: 3. Is this an original or amended Master Development Plan? Original _ Amended ✓' I have read thematerial included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. 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