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HomeMy WebLinkAboutPC 05-05-99 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia MAY 5, 1999 7:00 P.M. CALL TO ORDER TAB 1) Application Action Summary .......................................... A 2) Committee Reports ...................... ......................... (no tab) 3) Citizen Comments .............................................. .(no tab) PUBLIC HEARING 4) Conditional Use Permit #06-99, submitted by the Winchester Chapter of the Izaak Walton League, for an outdoor recreation area including shooting area and wildlife reserve. This property is located at 2863 Millwood Pike and is identified with Property Identification Number 77-A-72 in the Shawnee Magisterial District. (Mr. Mohn)....................................................... B 5) Conditional Use Permit #07-99, submitted by Caroline R. Sandy, for a Cottage Occupation to operate a hair salon. This property is located at 1204 Greenwood Road and is identified with Property Identification Number 65-A-3 in the Shawnee Magisterial District. (Mr. Mohn)....................................................... C 6) Rezoning #09-99 ofJasbo/Glaize, submitted by Painter -Lewis, P.L.C., to rezone 11.2662 acres from MH1 (Mobile Home Community) to B2 (Business General). This property is located on Front Royal Pike (Rt. 522), approximately .73 miles south ofMillwood Pike (Rt. 50), and is identified with Property Identification Numbers 64-A-9 and 64 -A -9A in the Shawnee Magisterial District. (Mr. Wyatt) ....................................................... D 0) 7) Rezoning #10-99 of IDeHaven/Orndorff ("Mr. Fuel"), submitted by G. W. Clifford and Associates, Inc., to rezone 9.4382 acres from M2 (Industrial General) to 133 (Industrial Transition), and .8263 acres from RA (Rural Areas) to 133 (Industrial Transition). This property is located 500' + south of the intersection of Woodbine Road (Rt. 669) and Martinsburg Pike (Rt. 11), between Rt. I 1 and I-81 and continuing south to Duncan Run. The site is identified with Property Identification Numbers 33-A-91, 33A -A-15 and 33A -A- 12 in the Stonewall Magisterial District. (Mr. Wyatt) ....................................................... E PUBLIC MEETING 8) Request to Waive the Buffer and Screening Requirements of the Zoning Ordinance, submitted by Kernstown United Methodist Church, to allow for a reduction of the required zoning district buffers that are applicable to this site. This site is located at 3239 Valley Pike and is identified with Property Identification Number 63-A-96 in the Opequon Magisterial District. (Mr. Mohn)....................................................... F 9) Other ( x 7 - M'D -f APPLICATION ACTION SUMMARY (printed April 23, 1999) - Applicationli cation newly wl submitted. REZONING: Manuel C. & Pearl A. DeHaven & W.D. & Dorothy Orndorff (REZ 10-99 Stonewall 9.4382 acres from M2 to B3 and .8263 acres from RA to B3 Location: 500'± so. of intersection of Rest Church Rd. (Rt. 669) & Martinsburg Pk (Rt. 11), betwn Rt. 11 & I-81, & continuing so. to Duncan Run.. Submitted: 04/13/99 PC Review: 05/05/99 BOS Review: 05/26/99 - tentatively scheduled JASBO, Inc. & Fred L. Glaize, III Z #09-99 Shawnee Rezone 11.2662 acres from MH1 to B2 Location: U.S. Rt. 522,73 miles south of U.S. Rt, 50 Submitted: 04/13/99 PC Review: 05/05/99 BOS Review: 05/26/99 - tentatively scheduled David R. Madison (REZ #08-99)Stonewall 6.18 ac. of a 19.6 -ac. site from RA to B2 for self-service storage facilities No. side of Rt. 761, approx. 700' west of the intersection w/ Rt. 666 & west side of Rt. 666, approx. 400' so. of the intersection w/ Rt. 664 Location: Submitted: 03/12/99 PC Review: 04/07/99 - recommended denial BOS Review: Withdrawn at Applicant's Request on 04/21/94 Lynnehaven (REZ #007-99) Stonewall 81.4 ac. from RA to RP for 203 s.f. homes; 10.0 ac. from RA to B2 for commercial use Location: West of Beans Pond Ln., 400' from the intersection. with Senseny Rd., & adjacent to the Carlisle Heights subdivision Submitted: 02/05/99 PC Review: 03/03/99 - tabled; applicant waived time requirement BOS Review: not yet scheduled Sheppard/ Futral (REZ #006-99 Stonewall 132.70 ac. from RA to RP for 293 single-family homes Location: On Eddy's Ln. (Rt. 820), approx. 0.8 mi. from the intersection with Valley Mill Road Submitted: 02/05/99 PC Review: 03/03/99 - tabled; applicant waived time requirement BOS Review: not yq scheduled Giles Farm (REZ #005-99) 11 Stonewall 140.2 ac. from RA to RP for 350 s.f. homes; 1 12.0 ac. from RA to B2 for commercial use Location: No. side of Senseny Rd., 850' east of Beans Pond Ln., across from the Burning Knolls & C.M. Lockhart subdivisions, & adj. to the Bedford Village & A le Ride subdivisions. Submitted: 02/05/99 PC Review: 03/03/99 - tabled; applicant waived time requirement BOS Review: not yet scheduled Applications Action Summary Printed April 23, 1999 MASTER DEVELOPMENT PLANS: Oakdale Crossing II DP #01-99 Shawnee 49 single family detached homes or. 21.49 ac. ) Location: S. side of Senseny Rd. (Rt. 657) adjacent to southern boundary of Oakdale Crossing Submitted: 01/25/99 PC Review: 02/17/99 - recommended approval BOS Review: 03/10/99 - approved Admin. Approved: 04/21/99 Oakdale Crossing H (SUB #12-99) Shawnee Subdivision of 24.83 ac into 51 single - family detached lots (RP) Location: So. of existing Oakdale Crossing, off of Senseny Rd. (Rt. 656) Submitted: 03/31/99 MDP #01-99 Approved by BOS 03/10/99; Administrative Approval Pending Subd. Admin. Approved: Pending The Camp/Tasker Rd. (JASBO, Inc. /F. Glaize) (SUB #011-99) Opequon Subdivision of 50.52 ac. into 170 single-family residential lots (RP) Location: So.west corner of Tasker Rd. (Rt. 642) & White Oak Rd. (Rt. 636) Submitted: 02/18/99 MDP #004-98 (Tasker Rd. Land Bays) MDP approved by BOS 07/08/98; MDP approved admin. 09/04/98 Subd. Admin. Approved: Pending Applications Action Summary Printed April 23, 1999 Fort Collier - Lot 32 (SUB #009-99) Stonewall Subdivision of 1 lot consisting of 4.7374 acres (MI) Location: Property fronts the northwest comer of the intersection of Brooke Rd. (Rt. 1322) & West Brooke Rd. (Rt. 1320) Submitted: 01/29/99 MDP #004-91 MDP approved by BOS 10/09/91; admin. approved 11/22/91 Subd. Admin. Approved: Pending Stonewall Industrial Pk. - Lot 32 (SUB #006-99) Gainesboro Subdivision of 1 lot consisting of 5.4455 ac. (MI) Location: Corner of Century Ln. (Rt. 862) & Lenoir Dr. (F-732) - Submitted: 01/27/99 MDP #006-93 MDP approved by BOS 07/14/93; MDP admin. approved 07/28/93 Subd. Admin. Approved: Pending Canter Estates - Section I (SUB #005-99) Shawnee Subdivision of 24.5524 ac. into 60 lots 1 for single-family det. traditional homes Location: Northwest comer of intersection of White Oak Rd. (Rt. 636) & Macedonia Church Rd. (Old Rt. 642) Submitted: 02/08/99 MDP #004-98 (Tasker Rd. Land Bays) MDP approved by BOS 07/08/98; MDP admin. approved 09/04/98 Subd. Admin. Approved: Pending JASBO, Inc. (SUB #004-99) NO MDP Back Creek Subd. of 45.6727 ac. into 5 lots with I dedicated r -o -w Location: West side of Shady Elm Rd. (Rt. 651), so. of Rt. 37 Submitted: 02/08/99 PC Review 03/03/99 - recommended approval BOS Review 03/10/99 Subd. Admin. Approved: Pending Applications Action Summary Printed April 23, 1999 Tybrooke, L.C. (SUB #03-99) NO MDP 11 Gainesboro 2 Lots; Tl. Acreage 4.1277 (B2 & RA) Location: Front Royal Pk (Rt. 522) at Albin; 1 mile N. of Winch. Bp (Rt. 37) Submitted: 01/22/99 1103/17/99 PC Review: Subd. Admin. Approved: BOS Review: 04/12/99 - tentatively scheduled Subd. Admin. Approved: pending RT&T Partnership (SUB #02-99) hopequon 1 1 Lot (Lot 16); Tl. Acreage 29.6 (B2) Location:_ _ _ _ _ _ _ Rt. I IS, no. of Hortons Nursery across from Miller Honda Dealer- ship; 1/2 mi. so. of Rt. 37 & Rt. 11S Submitted: 01/22/99 MDP#03-91 Wernstown Bus. Pk) MDP approved by BOS 07/10/91; MDP admin. approved 09/03/91 Subd. Admin. Approved: Pending Autumn Glen, Sect. I (SUB 015-98) Opequon 21 lots - duplex & multiplex (52 dwellings) on 14.8 ac. (RP) Location: South side of Tasker Rd. (Rt. 642), 0.25 mi. East of Rt. 647 Submitted: 06/30/98 MDP#004-98 (Tasker Rd Land Bays) MDP approved by BOS 07/08/98; MDP Pending Admin. Approval Subd. Admin. Approved: Phase I approved on 11/04/98 for 21 dwellings Mark & Rachelle Repine (SUB #00498) NO MDP Shawnee Subdivision of 1.3719 ac. into 3 s.f. lots (RP) Location: Heritage Hills Subd.; along the eastern portion of Idlewood Drive Submitted: 01/26/98 PC Review: 02/18/98 - recommended approval BOS Review: 03/11/98 - approved Admin. Approved: Pending Applications Action Summary Printed April 23, 1999 Lenoir City Co. Lot 2; Stonewall Indust. Pk. SUB #007-9 Gainesboro Subdivision of a 2.6584 ac. lot (MI) Location: McGhee Rd. (Rt. 861); approx. 1,000' from Tyson Dr. intersection Submitted: 07/28/97 MDP #006-93 Approved by BOS 07/14/93; Admin. Approved 07/28/93 Subd. Admin. Approved: Pendin Dominion Knolls (SUB #005-97) Stonewall 75 s.f. zero lot line lots on 20.278 ac. Location: So.west corner of Baker Ln. (Rt. 1200) & Ft. Collier Rd. (Rt. 1322) Submitted: _ - 05/16/97 - MDP #001-97 Approved by BOS 04/09/97; Admin. Approved 06/30/97 Subd. Admin. Approved: Section 1 (25 lots) approved 06/02/98; Sections 2 & 3 Pending Winchester -Fred Co. IDC SUB) FBack Creek 2 MI Lots 0.552 acres & 20.285 acres Location: Southeast side of Development Lane Submitted: 09/08/95 MDP #003-87: Approvcd by BOS 07/08/87; Admin. Approved 06/08/88 rPending Admin. Approval [AwaitinEsigned plats. Abrams Point, Phase I SUB Shawnee 230 SF Cluster & Urban Lots Location: South side of Rt. 659 Submitted: 05/02/90 PC Review: 06/06/90 - recommended approval BOS Review: 06/13/90 - approved -Pending Admin. Approval: Awaiting deed of dedication, letter of credit, and signed plat Applications Action Summary Printed April 23, 1999 Harry Stimpson SUB O e uon Two B2 Lots Location: Town Run Lane Submitted: 09/23/94 PC '-Review: 10!19!94 - recommended approval BOS Review: 10/26/94 - approved Pending Admin. Approval: -Awaiting signed plat. SITE PLANS: Applications Action Summary Printed April 23, 1999 Valley Industrial Plastics, Inc. Back Creek 208,864 s.f. to be disturbed of a 8.91 (SP #14-99) ac. parcel for a 31,075 s.f. industrial bldg. (MI) Location: 690 Shady Elm Road Submitted: 03/26/99 Approved: Pending Applications Action Summary Printed April 23, 1999 C.B.'s Corner (Dennis N. Opequon 2,800 s.f. addition for office, car Thompson Property) (SP #13-99) sales/repair, residence) on 1.035 ac. parcel (B2) Location: 381 Fairfax Pike, Stephens City Submitted: 03/18/99 Approved: Pending Applications Action Summary Printed April 23, 1999 Northwest Storage Tank (FCSA) SP #11-99 Gainesboro Elevated Water Tank; 1.0000± ac. to be developed of a 2.5712 ac. site Location: Approx. 1,000' southwest of Thwaite Drive Submitted: 03/05/99 Approved: Pendin Faith Baptist Church (SP #10-99) Opequon Church; 6.72 ac. to be developed of a 14.475 ac. site (RA) Double Church Road, Stephens City Location: Submitted: 03/05/99 Approved: Pending Penske Truck Service Facility (SP #009-99) Gainesboro 8,000 s.f. Truck Rental Depot; 5 ac. to be developed on a 5.4455 ac. site (MI) Location: Lenoir Drive, Stonewall Industrial Park Submitted: 03/03/99 Approved: Pending Ralph Gregory/Aylor Rd. Site (SP #008-99) Opequon 3,395 s.f. one-story retail/office bldg; 1 .70 ac. developed on .70 ac. site (B2) Location: Between I-81 & Rt. 647 at the intersection of Rt. 647 & Rt. 641 Submitted: 02/11/99 Approved: Pending Monoflo, Inc. (SP #02-99) Stonewall 78,000 sq. ft. addition; 5 ac. developed; 041) Location: 882 Baker Lane Submitted: 01/15/99 Approved: pending Applications Action Summary Printed April 23,1999 America House Assisted Living (SP #073-98) Opequon Assisted living facility/4.6 ac. developed on 73.4749 ac. site (RP) Location: South side of Tasker Rd. (Rt. 642); 1,100 feet east of Aylor Rd. (Rt. 647) Submitted: 12/02/98 Approved: Pending VDO-YAZAKI Corp. (SP #072-98) 11 Stonewall 2,160 sf warehouse addition; 0.118 ac. developed on 16.927 ac. site (Ml) Location: 188 Brooke Road Submitted: 12/07/98 Approved: Pending Jones & Frank (SP #06498) Stonewall Warehouse & office use; 5.0 ac. developed on a 5.0 ac. site (Ml) Location: 150 Fort Collier Road, Fort Collier Industrial Park Submitted: 10/19/98 Approved: Pending God's Glory Land (SP #061-98) Back Creek Church Retreat; 26.45 ac. to be developed of a 85.7 ac. site (RA) Location: Back Creek Road Submitted: 10/01/98 Approved: Pending Applications Action Summary Printed April 23, 1999 Kim Henry Property - Mini Warehouse (SP #057-98) Stonewall 1 7,504 s.f. warehouse; 4 ac. developed 1 of a 7.74 ac. site (B3) location: Intersection of Baker Lane & Fort Collier Road Submitted: 08/26/98 Approved: Pending Moffett Property (SP #050-98) Stonewall Metal warehse. addition (4,800 g.s.f.); 1.392 ac. site; 0.465 disturbed (B3) Location: 1154 Martinsburg Pike Submitted: 07/21/98 Approved: __. Pending T.P. & Susan Goodman (SP #04498) 11 Stonewall Hackwood/ Minor Site Plan (RA) 1 Location: 534 Redbud Road Submitted: 06/10/98 Approved: Pending Southeast Container (SP #001-98) Stonewall District Parking Lot; 0.2 ac. Disturbed on a 89.6 ac. Site (Ml) Location: Ft. Collier Industrial Park Submitted: 01/06/98 Approved: Pending Applications Action Summary Printed April 23, 1999 10 Agape Christian Fellowship Church Sanctuary SP #005-9 Shawnee Church Expansion; 2.5 ac, to be developed of a 29.5115 ac. site Location: East side of Rt. 642; ap2rox. 2,500' so. of the Rt. 37/I-81 Interch . Submitted: 02/12/97 Approved: Pending Shenandoah Bldg. Supply SP #056-96 Gainesboro Warehouse on 5 acres (Ml) Location: 95 Lenoir Drive (Stonewall Industrial Park) Submitted: 2/16/96 [Pencling Approved: Stimpson/Rt. 277 Oil & Lube Service SP #030-96 Opequon Oil & Lube Serv., Car Wash, Drive - Thru on 2.97 ac. 2 Location: 152 Fairfax Pk. (behind Red.Apple Country Store) Submitted: 07/03/96 Approved: Pending AMOCO/House of Gifts SP #022-9D rGainesboro Gas Pump Canopy 880 sq. ft. area of a 0.916 acre parcel (RA) Location: 3548 North Frederick Pike Submitted: 05/08/96 Approved: Pendin American Legion Post #021 SP #018-96 [Stonewall Addition to lodge building on 3.4255 acre site 2 Location: 1730 Berryville Pike Submitted: 04/10/96 Approved: Pending Applications Action Summary Printed April 23, 1999 11 CONDITIONAL USE PERMITS: Caroline R. Sandy (CUP #07-99) 11 Shawnee Cottage Occupation for Hair Salon Location: 1204 Greenwood Rd. Submitted: 04/09/99 PC Review; 05/05/99 BOS Review: 05/26/99 - tentatively scheduled Winchester Chapter of the Izaak Walton League (CUP #06-99) Shawnee Outdoor Recreation Area to include a shooting range & wildlife reserve (RA) Locations _- - - 2863 Millwood Pike Submitted: 03117/99 PC Review: 05/05/99 BOS Review: 05/26/99 - tentatively scheduled Shannon Starliper Bridges (CUP #05-99) Stonewall Re-establish a non -conforming use 1 (kennel) (RA) Location: 1132 Cedar Hill Road, Clearbrook Submitted: 03/11/99 PC Review: 04/07/99 - recommended approval with conditions BOS Review: 04/28/99 11 Stephen Wayne Duncan (CUP #04-99) Gainesboro Cottage Occupation/ Antique 1 Restoration (RA) Location: 128 White Hall Road Submitted: 03/11/99 PC Review: 04/07/99 - recommended approval with conditions BOS Review: 04/28/99 Applications Action Summary Printed April 23,1999 12 SBA, Inc. (Richard Miller Cooley Property) (CUP #03-99) FOpequon Commercial Telecommun. Facility: 250' self-supporting lattice tower (RA) Location: 173 Catlett Lane, Middletown Submitted: 03/12/99 PC Review: 04/07/99 - tabled at the applicant's request BOS Review: not yet scheduled SBA, Inc. (Raymond L. Fish property) (CUP #02-99) Stonewall (B3) I Commercial Telecommunication Facility: 180' self-supporting monopole Location: No. on I-81 to Exit 121, Hopewell Rd. (Rt. 672E) to first right at Kingdom Farm sign. Follow road to end past AA Mobile Market to site. Submitted: 03/12199 PC Review: 04/07/99 - tabled at the applicant's request BOS Review: not yet scheduled David L. Shull, Sr. (CUP #01-99) Back Creek Public Garage w/ body Repair (RA) Location: 7317 Northwestern Pike (Rt. 50) Submitted: 01/25/99 PC Review: 03/17/99 - rec. approval w/ conditions & a 90 -day stipulation BOS Review: 04/12/99 - rec. approval w/ conditions & a 90 -day compliance requirement Applications Action Summary Printed April 23, 1999 13 PC REVIEW: 05/05/99 BOS REVIEW: 05/26/99 CONDITIONAL USE PERMIT #06-99 IZAAK WALTON LEAGUE Outdoor Recreation Area to include Shooting Range and Wildlife Reserve LOCATION: This property is located at 2863 Millwood Pike. MAGISTERIAL DISTRICT: Shawnee PROPERTY I.D. NUMBER: 77-A-72 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas); Land Use: Outdoor Recreation ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas); Land Use: Residential and Vacant PROPOSED USE: Outdoor Recreation Area to include Shooting Range and Wildlife Reserve REVIEW EVALUATIONS: Virginia Dept. 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. Buildings over 150 sq. ft. shall require plans and permits. Fire Marshal: Fire and Rescue access must be maintained; plan approval recommended. Health Department: The Health Department has no objection to this proposal. Members using the shooting area will use the bathroom facilities at the shelter near the entrance which is approximately 1/8 mile from the shooting area, per Larry Bell. The occasional large gathering will require the use of portable toilets. Sanitation Authority: We do not serve this area. Izaak Walton League CUP #06-99 Page 2 April 22, 1999 Winchester Regional Airport: After careful review by Delta Airport Consultants, the, Federal Aviation Administration and the Virginia Department of Aviation, it has been determined that this request as presented would not impact airport operations. It is recommended that FAA Form 7460 be filed. The airport has no objections. Planning and Zoning: An outdoor recreation area is a permitted use in the RA Zoning District with an approved conditional use permit (CUP). Research of County records revealed that a CUP had never been approved for the existing Izaak Walton facility. Indeed, the existing outdoor recreation area was established prior to this requirement and is, therefore, considered a non -conforming use. Due to this non -conforming status, any increase in the intensity of the use would not be permitted. Thus, it is appropriate for the requested CUP to apply to the recreation area as a whole rather than to only the proposed shooting range and wildlife reserve. Such approval would establish the facility as a conforming use and provide a basis for any future expansion. The proposed outdoor shooting range and wildlife reserve will expand the facilities of the 149 -acre outdoor recreation area maintained by the Winchester Chapter of the Izaak Walton League. At present, this recreation area consists of a lodge building, three picnic shelters, facilities for bow and rifle target shooting, as well as areas designated for camping and fishing. An outdoor shooting range may be permitted as a component of a recreation area provided that such a facility is located at least 1,000 feet from the nearest residential use, screened in accordance with applicable standards, and designed to ensure public safety through the use of berms and other protective features. Furthermore, all outdoor shooting activities must be supervised by qualified personnel at all times. The proposed outdoor shooting facility will cover an area of approximately three acres and consist of a small bore rifle range, a shotgun patterning range, and a trap range designed to the specifications of the National Rifle Association (NRA) Range Manual. The applicant has indicated that earth berms will be constructed behind the target areas of both the small bore and shotgun patterning ranges. The small bore range will include a berm nine feet in height and at least 50 feet in length, while the berm installed on the shotgun patterning range will consist of a height of nine feet and a length of at least 15 feet. Staff has confirmed that the proposed range facility is located in excess of 1,000 feet from the nearest residential use, which is located east of the recreation area on Route 723 (Carpers Valley Road). The area designated for the proposed range facility is surrounded by mature vegetation and set back approximately 130 feet from the nearest property line which adjoins a vacant parcel of land. Assuming compliance with all review agency requirements, staff believes that the existing outdoor recreation area could both continue and expand on the subject property, to include the proposed range facilities and wildlife reserve, without significant impact on the surrounding community. Izaak Walton League CUP #06-99 Page 3 April 22, 1999 STAFF RECOMMENDATION FOR THE 5/05/99 PLANNING COMMISSION MEETING: Staff recommends approval of this application with the following conditions: All review agency requirements and comments shall be complied with at all times. 2. Earth berms shall be installed and maintained behind the target areas of both the small bore and shotgun patterning ranges. These berms must extend the length of the target areas and stand at least nine (9) feet in height. 3. All outdoor shooting activities shall be supervised by qualified personnel at all times. 4. Any expansion of the use will require a new conditional use permit. O: \Agendas\COM M E NTS\C U P's\IzaakW a Iton. C U P CUP # 06-99 PIN: 77—A-72 Izaak Walton League Produced by Frederick County Planning and Development, 04-06-99 Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA G:� 1. Applicant (The applicant if the owner other) NAME: ADDRESS. (�, '-j r —^c t' TELEPHONE 2. Please list all owners, occupants, or parties in interest of the property: �� i:�\ 3. The property is located at: (please give exact directions and include the route number of your road or street) I J tt 11 4. The property has a road frontage of `?6,� feet and a depth of Q'lPOo feet and consists of 14q.300%A acres. (Please be exact) V�Ek:.'T3 za 1<.. i.� kr .. t.: as -- 5: The property is owned by 1 > � evidenced by deed from n^ ;a^� `recorded (previous owner) in deed book no. A39 on page 'F 3- as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. r) Magisterial District Current Zoning Rfi 7. Adjoining Property: USE ZONING North Rc-Siiicwrl1AL ` A i East ECEI„ 1®E PC- al em—ri,�9C_ P -A- � South i?C5i E?4'Ti:21 L _ RA West ?�,<� t a'�E- ►.i i r �_ MAR 17 799 DEPT. OF PLANNING/DEVELOPMENT 8. The type of use proposed is (consult with the Planning Dept. before completing) 9. It is proposed that the following buildings will be constructed: t 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 5 ', t1• -r. �� � � ADDRESS,2,:,i,,;. PROPERTY ID# ��'�2 P?`��•t,w)CP� 6"11!_ NAME ADDRESS�F e, a..,,. a PROPERTY ID# ` r` ` A - N 3a1 E. Nasc.rwtn',S 1666�, NAMEADDRESS PROPERTY ID# T7 - A - f I NAMEl.", t�. �.` �::l...i ( :y. t ADDRESS tA`erA-,etgsTg, . i4l. 0 PROPERTY ID# '7 � -- 1' - r) 7 NAME — - ADDRESS PROPERTY ID# r` NAME ADDRESS PROPERTY ID# `f �m.1 G. p�33k11b6l.e�y l7'ie�� f`�. NAME ADDRESS^. - PROPERTY ID# NAMEC - ADDRESS PROPERTY ID# '77 -19 - f� F EXEC1,44op— -('0 t—) 40t NAME ,vc.KMNWItC.01, ikCg 9l.4N ADDRESS `�,�3c.� r ,•,.�a� �a. ti �c�� PROPERTY ID# NAME 4�.GpiE: � 7u"N= a ADDRESS PROPERTY ID# r? r) — I NAME QAt►sf) 4 kA,T'dtzxeii Lri mP ADDRESS VA. PROPERTY ID# NAME �ai�t2TuA.aAc-ia���2LK ADDRESS,U�!.� PROPERTY ID# R - NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS LI S. ROUTE 50 �� %VARIABLE WIDTH) % 0"tl NO30 59' 424.955E p'f 0-6-152 + N 99 E 2 c4 NO704113211E cs N�4 �°'5525 MAGNETICS 1995 6 4.2 2 s = ���aa� NO23Ag.O D' L• CARLI LP.S. aN - --- SLE o SL `" m o �, e>° W. M. HOCKMAN DW m r pfi w c'i36„ ee0 F m O a+XGo 23 g3, co .. z 2pe2e.• 6O>3g„ v �.: m LP.S. W- .. - o O z m L m D . CARLISLE _ N m W. M. HOCKMAN ' �� ( O�Q°r CD 0)G ,� �? 5 y� E oP. `_ W.O.20 5.48 N HITACR \'37 W $T ` Sic s OGo`-�'�. 1315 gO / tP. X83 g? N66022152"1N Q Oen ` 622.02'--�. 4 . .'�� y '�t• t F �' �� y cil N (JI i to 0 �t7 ✓0; r'rrr I,pS "t `'N tOS� 0 N j ,•OPEQV tl`.cv 2 W W '� � W \oP - ts► ;� `+T � �fi • O` a — - - _ - Otb N 0 N W to �,yc+i O tTr 9 o v, — �t '4F0 coti'uo- '`� m �Oo o o 71 o o CD J N cn Z Ii�'� pS, SOO•� c ps ` ; o A S6, �.NW O —� O IZ Iv I► \� 40 c� /Ll, W �N N�N N 598�2g, In to mlp—NO mW �O it S t7®/ �o� o•� m 4 m1, Wo `° N je6 e' Og F' N °�' °' W N �, JJ /• `/C ti Qto 2QG D gO"30,� �APPR X. LOCATION �o co- N� /s� S6•gs•F 16 F R/W j D . I67 P. 568 j __ xAfqO Y, � •� �� ! +'+ ', .:+.r'`•l � -..ate' ��-d '�t� .� �_�� �®�7-y� 'yam . pr t r .• - �' -^+mom - ._...-.. _ _ ...- _ _ _ -. __� _ _ _ _ _ _ _ Fv� 12. Additional comments, if any: 3, PIS ILIN R _ r• _ Fe, r— '�b��a=�= 411.Y' 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.*? Jcrvsc�.i� Signature of Applicant Signature of Owner Owners' Mailing Address � . s Owners' Telephone No. TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: PC REVIEW: 05/05/99 BOS REVIEW: 05/26/99 CONDITIONAL USE PERMIT #07-99 CAROLINE R. SANDY Cottage Occupation -Flair Salon LOCATION: This property is located at 1204 Greenwood Road, MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 65-A-30 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) Districts; Land Use: Residential and Agricultural PROPOSED USE: Cottage Occupation - Hair Salon REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this property. However, prior to operation of the business, a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Inspections Department: Building shall comply with the Virginia Uniform Statewide Building and Section 304, Use Group B (Business) of The BOCA National Building Code/1996. Other codes that apply are CABO Al 17.1-92 Accessible and Usable Buildings and Facilities. Handicap parking and building access shall be required. Fire Marshal: Emergency access must be maintained at all times. Plan approval is recommended. Caroline Sandy CUP 907-99 Page 2 April 22, 1999 Health Department: As defined by the original installation permit, the sewage disposal ' system will support the additional water use; however, there cannot be more than two occupants in the household while operating a salon. Also, only one seat shall be used at 125 g.p.d. *The applicant should be aware: chemicals used in a beauty salon may cause a drainfield to fail prematurely. Planning and Zoning: A cottage occupation is permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit (CUP). The operation of a hair salon as an accessory commercial use on residential property could be considered a valid cottage occupation. The proposed use will involve the establishment of a hair salon within a detached two -car garage that is planned for construction in the rear yard of the subject property. The applicant has indicated that the layout ofthe accessory building will include a room devoted exclusively to the proposed use. Furthermore, the activities of the hair salon would be limited only to those services provided by the applicant. Assuming compliance with all review agency requirements, staff believes that the proposed use could operate on the subject property without significant impact on the surrounding community. STAFF RECOMMENDATION FOR THE 05-05-99 PLANNING COMMISSION MEETING: Staff recommends approval of this request with the following conditions: All review agency comments and requirements must be complied with at all times._ 2. Any expansion of the use will require approval of a new CUP. 3. Signage installed for the approved use may not exceed four (4) square feet in area. O:\Agenda \COMMENTS\CUP's\CuohneSandy.CUP • MIN Submittal Deadline P/C Meeting -- a BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the X11 owner other) NAME: ADDRESS: TELEPHONE �� `i,� , ( "- 11r 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) ( •7 :: i `` 1 --rr ej- fr''1 �, f 73^ is \ iy�' ; 1= 1 �f Y oTi.. - 'b" • \�' �� - " 4��F (^? ,(,. �t i d Ci �'� r C'4 . br.I ` k4 C44 -'t Th1e proper depth of _ (Please be ty has ti'1Q' exact) road if rontage o'f 7 . ; ` feet and e feet and consists of z7 ,-, acres. - 5. - - The property is owned-- by -p-� � -- ,., E C` as evidenced by deed from I�1 �.' �,�,� �� •:, ,-�e i-�..tr ` recorded (previous owner) in deed book no .C 7 on page 7 5 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. Magisterial District Current Zoning P,' 7. Adjoining Property: USE ZONING EI`E North - r--", r I Easttcc.nR Q 9 1999 South West DEPT. OF PLANNINGIDEVELOPMENT 8. The type of use proposed is (consult with the Planning Dept. before completing) 6, sem., 9. It is proposed that the following buildings will be constructed:c � !}..cam. �� d hc�tt �✓ ;t^_ Q 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 , C �. n%,rr ..-r:•. C'. ADDRESS I G 9 KA, PROPERTY ID# NAME Afr-,?Ct �76 J F ADDRESS -P(� 1;7C:)C PROPERTY ID# /I-::�R NAME ADDRESS IQ PROPERTY ID# r, - NAMEnh ca a. E 9', �% i" j' ��1, ; ?. �a t y-, S ADDRESS PROPERTY ID# -),-I - 5 NAME �������':_-;nciji�,C ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ctq.Sq-e,1,) VA 0 Q-) 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 -110q C Lf j? . C4 ti r1 Owners' Telephone No. Cf7j U) C` { „`7 - i (c E � TO BE COMPLETED BY ZONING ADMINISTRATOR: C IV USE CODE: RENEWAL DATE., APR 0 9 1999 DEPT OF PLANNiNG/DELVELOPMENf � s ■ NO POIK-CLO t, OF -TH15 L o'T ' 15 LACA'CEA 11,1 A FwoQ+Apza,Rv ZOOS. THIS IS TO CERTIFY THAT ON OCTOBER 4, 1993 I MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HTREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND O�mm 7 TFOSE SHOWN HEREON. .PARCEL 2 Carper CATHER/NE E. FRYE- ESTATE P SHAWNEE DISTRICT WB 68 pg 582 FREDERICK COUNTY, VIRGINIA N 05000'00"E 187.12' IPF •- — 0 PARCEL 2 N m 2.2 95 78AC. oI N Ln C31 Eo - Ln coLo 0 ro m 0 z fo5r s0 0 N r- 1 0 - 10 0 Lr) N O m 0 i CD LL O O � 2m IPF 00 W 0 0 -- cn N C7 F FrrY E E N N Ipp 4Z�./Zo4 441(Go NGo IP 11E l well = E Ln + Q y Y r C', • .75.0 IM C D/v 4 10 m 7 - .. c 0 � -K ' w= Z Po4r Foro K v IPF :' is C15•�_ .5 05000'00"W 177.12.MILES _ TO RTE 794 ' ROUTE 656 - L GREENWOOD ROAD _ (40' Wide ) HOUSE LOCATION ,SURVEY FURSTENAU SURVEYING' STEPHEN$ CITY ­ VIRGINIA 22655 %Nk U U DAVID M. FURSTENAU NO. 1455 /do -y--� SURdE„; DATE: OCT. 4, 1993 SCALE: I" = 100' D wN. or:- PC REVIEW DATE: 05/05/99 BOS REVIEW DATE: 05/26/99 REZONING APPLICATION #09-99 JASBO/GLAIZE To rezone 11.2662 acres from MHl (Mobile Home Community) to B2 (Business General) LOCATION: This property is located on Front Royal Pike (Rt. 522), approximately .73 miles south of Millwood Pike (Rt. 50). MAGISTERIAL. DIS'T'RICT: Shawnee PROPERTY ID NUMBER: 64-A-9 and 64 -A -9A PROPERTY ZONING & PRESENT USE: Zoned: MHl (Mobile Home Community) Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned B2 (Business General) District Use: Elks Fraternal Lodge South: Zoned B2 (Business General) District Use: Commercial; Vacant RA (Rural Areas) District Church East: Zoned B2 (Business General) District Use: Vacant B 1 (Nieghborhood Business) District Commercial; Residential West: Zoned B2 (Business General) District Use: Elks Fraternal Lodge RA (Rural Areas) District Vacant PROPOSED USE: Commercial and Office REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to rezoning ofthis property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual Sixth Edition for review. JASBO/Glaize REZ #09-99 Page 2 April 22, 1999 VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, and traffic signalization. In this rezoning, proposal indicating primary access to the property via Premier Place will require an extension of right turn lane and taper, as well as signalization of the Route 522/Premier Place intersection, cost to be borne by owner/developer at the time during development. VDOT determines the warrants exist to justify signal installation, and other off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Emergency access must be maintained. Recommend plan approval. Millwood Station Volunteer Fire Co.: No problems noted due to feasibility ofwater supply/traffic. No problems found on review for Fire/Rescue. County Engineer: The impact analysis appears to be satisfactory. We have no other comments at this time. We will perform a detailed review at the time of the site plan submittal. Sanitation Authority: No comment. Winchester Regional Airport: See attached letter from Serena Manuel, Executive Director, dated 2/24/99. County Attorney: Proffers appear to be in proper form. Historic Resources Advisory Board: The Frederick County Rural Landmarks Survey identifies four sites within the proximity of the properties proposed for rezoning; however, none of these sites are identified as potentially significant historic resources. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the 11.2662 -acre site as MH (Mobile Home Community) District. 2) Location The two parcels which comprise the 11.2662 -acre site proposed for rezoning are located in the county's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). This acreage is a component of the Route 50 East Corridor Plan. This land use plan calls for the provisions of business and office use west of the intersection of Front Royal JASBO/Glaize REZ #09-99 Page 3 April 22, 1999 Pike (Route 522 South), and Airport Road (Route 645), excluding the residential area identified as the Funkhouser Addition. 3) Site Suitability The 11.2662 -acre site does not contain areas of steep slope, floodplain, wetlands, mature woodlands, or prime agricultural soils. The Frederick County Rural Landmarks Survey does not identify potentially significant historic resources or historic districts on, or within, the proximity of this acreage. 4) Potential Impacts and Issues I. Transportation a) Site Access - The 11.2662 -acre site contains approximately 63 feet of road frontage along Front Royal Pike. This frontage was improved by VDOT during the widening of Front Royal Pike to provide a standard commercial entrance into the former Barberios Mobile Home Park; however, there is no opportunity to provide for a right turn lane to this commercial entrance due to unavailable right-of-way. The applicant plans to utilize Premier Place as the primary access to this acreage. Premier Place is located approximately 150 feet south of the commercial entrance; therefore, it would be prudent to eliminate the existing entrance into this site and provide for an adequate right turn lane into Premier Place. b) SiQnalization - The Route 50 East Corridor Plan calls for traffic signalization on Front Royal Pike at the location of the 11.2662 -acre site. The land use plan depicts this signalization at the existing entrance to this property; however, it would be appropriate to shift the location of this improvement south to align with the Premier Place/Front Royal Pike intersection if this is approved as the primary access to the 11.2662 -acre site. C) Traffic Volume - The applicant's traffic impact analysis projects a worst case scenario of 9,787 vehicle trips per day that could be generated from the 11.2662 -acre site at build -out. This scenario projects a peak hour impact of 1,543 vehicle trips. All vehicle trips will enter Front Royal Pike, with the majority traveling north to the Front Royal Pike/Millwood Pike intersection at Interstate 81. The development of the 11.2662 -acre site, assuming the applicant's projection, would increase the average daily traffic volume on Front Royal Pike by 78%. An increase of this percentage would impact the existing road system which may necessitate additional improvements to Front Royal Pike. JASBO/Glaize REZ #09-99 Page 4 April 22, 1999 II. Community Facilities and Services The Capital Facilities Impact Model was applied to this application assuming a worst case development scenario of 240,657 square feet of retail space. The results of this model run demonstrate a negative fiscal impact to Fire and Rescue services for capital costs. 5) Proffer Statement The applicant has submitted a proffer statement which has been signed, notarized and reviewed by the County Attorney. The applicant has proffered to vacate the property line between the 11.2662 -acre site and the property to the south to provide direct access from Premier Place, to enter into a signalization agreement with VDOT for the placement of a traffic signal at Front Royal Pike and Premier Place, and to provide a monetary contribution to mitigate the impacts to Fire and Rescue services. STAFF CONCLUSIONS FOR THE 05/05/99 PLANNING COMMISSION MEETING: The request to rezone the 11.2662 -acre site is consistent with the Route 50 East Corridor Plan and the policies established in the Comprehensive Policy Plan. The applicant's proffer statement allows for this acreage to be directly served by Premier Place and provides for future signalization at this intersection with Front Royal Pike. The applicant's proffer provides for a monetary contribution to mitigate the impacts to Fire and Rescue Services as demonstrated by the results of the Capital Facilities Impact Model. The Planning Commission should consider the impacts associated with increased traffic volumes and site access at the existing entrance when forwarding a recommendation to the Board of Supervisors. O:\Agendas\COMMENTS\REZONING\Staff ReportUJ bo_Glavn.REZ.wpd WINCHESTER REGIONAL AIRPORT SERVING THE TOP OF VIRGINIA / February 24, 1999 Painter -Lewis, P.L.C. 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 302 South Braddock Street, Suite 200 Winchester, Virginia 22601 Re: Proposed Rezoning - Shawnee Magisterial District Parcel ID-64B((A))-9 & Parcel ID-64B((A))-9A Dear Ms. Butts: The Winchester Regional Airport Authority has no objections to the rezoning request for the above listed parcels from MH -1 to the requested B-2 zoning. Since these parcels are located within the approach to the runway, the Airport does request the right to review and approve any future site plans for development of these parcels prior to the issuance of any building permits or construction. A copy of the Federal Aviation Administration Advisory Circular AC 70/7460-2J, Proposed Construction or Alteration of Objects that May Affect the Navigable Airspace, may be obtained at this office along with the required FAA Form 7460-1. If you have any questions or concerns, please contact my office. Sincerely, Serena R. Manuel Executive Director REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning ,5taff Zoning Amendment Number PC Dearing Date, - S - -� bate Received `; t 71 BOO. Hearing Date rt 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: r r s, , . r_L. Telephone: Address: 2. Property Owner (if different than above) Name: 5c �p , : , �• ��: L. �� l �� _�'� Telephone:q ` t r Address:; CLr rE ti+ [ 1 4.[ �-- e C'T'S-`� \/ LfG u• 1 3. Contact person if other than above Name: To e,, C • L c . • Telephone: 4. Checklist: Check the following items that have been included with this application. Location map ,z Agency Comments Plat ✓ Fees Deed to property Impact Analysis Statement Verification of taxes paid ✓ Proffer Statement 11 5. The Code of Virgania allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 6. A) Current Use of the Property: Jo-u,,\k S) Proposed Use of the Property: _jS z- U en -r6.t b 5 54T-� c-+ 7. Adjoining Property: PARCEL, ID NUMBER (ail-lcAii— �o 72,-1 USE C-0 M r^" L, - t R¢,-;c� C_ hu"Ck Con",{pit\ t-1 ZONING R4 [A k -i C 2- S. S. Location: The property is located at (give exact location based cn nearest road and distance - from nearest intersection, using road names and route numbers): -Ll� FI)o .+-- 522.. i3 rr.:le.3 +r .. 5 U . 12 Information to be Submitted for Capital Facilities Impact Model i In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning ' District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number C,: y & - (( A)) - 01_-- Districts Magisterial: S�, �._,.,� High School: _ Fire Service: co. Middle School: _ Rescue Service: Elementary School: 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres7 Current Zoning—T Zoning Requested t .2- a P F -t '& L 11. 2, G 4r L Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Number of Units Proposed Single Family homes: Townhome: Non -Residential Lots: Mobile Home: Office: Retail: Restaurant: Square Footage of Proposed Uses 13 Multi -Family: Hotel Rooms: Service Station: Manufacturing: Warehouse: Other: 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): L Owner(s): ,� max• c -_ c 14 Date: 1` Date: Date: � j,-) / ,I `, Date: 3 —17—TI Adjoining Property Owners Rezoning 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 [ I I � f a 1� � �- �'� , - C t. � t � k�.c.�ox as i Property # ���-�(A -5 Name Pro ert #(- Name \,\l R.E 15 C-, Property# Name,f v i- T7 J I14" c Property # 6q-CLQ})-72� S Name F� c� L. C�(�'zt r• �• C• 3 ex�v A- Pro e # (� - (( Name arc rr..nt Esck 4 v/A Pro e # Name Property # Name Property # Name Property # Name Property # 15 PROFFER STATEMENT A PROPOSED REZONING for PARCEL ID - 64B -((A))-9 AND PARCEL ID - 64B -((A)) -9A Shawnee Magisterial District Frederick County, Virginia March 30, 1999 Prepared for: Jasbo, Inc. & Fred L. Glaize, III 112 East Piccadilly Street Winchester, Virginia 22601 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street - Suite 200 Winchester, VA 22601 Tel.: (540)-662-5792 Fax.: (540)-662-5793 PROFFER STATEMENT PARCEL ID 64-((A)-9 & 9A INTRODUCTION The subject property currently consists of two parcels containing a total of 11.2662 acres and is located on US Route 522, 0.73 miles south of US Route 50. Exhibit 1 shows the location of the property. The property is zoned MH -1, Mobile Home Community District. The property is currently vacant. The owner desires to rezone the entire 11.2662 acres to B2, Business General District. According to the 1997 Frederick County Comprehensive Policy Plan, the property is within the Urban Development Area. The property also lies within the limits of the Route 50/Route 522 Business corridor. The property is located between the Route 645, Airport Road and Route 522. The proximity of the property to Route 522, Route 50, Interstate Route 81, and the airport makes it highly desirable for commercial development. The property will be better utilized with a B2 zoning which will allow the development of a variety of business, office and service uses. The property contains approximately 62 linear feet of frontage on US Route 522. However, because the property owners share common ownership interest in the adjacent parcel, primary access to the property will be from Premier Place. Pursuant to Section 15.2-2296 Et. Seq., of the Code of Virginia, as amended, and the applicable provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of 11.2662+/- acres identified as PIN #64-((A))-9 and PIN #64 -((A)) -9A MH -1 to B2, development of this particular 11.2662+/- 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 The owner agrees to vacate the property boundary between the subject parcel and the adjoining parcel to the south (Tax Map 64 -((A)) -9F) in order to provide direct access to Premier Place. 2. The owner agrees to enter into a cost sharing agreement with the Virginia Department of Transportation (VDOT) for the signalization of the intersection of Premier Place and Route 522 as required by VDOT. Such agreement will be initiated and implemented by VDOT at their discretion. 3. The owner will pay or will cause to be paid to the Treasurer of Frederick County the sum of $7,798.24 for impacts to Greenwood Fire and Rescue Service. This sum will be paid upon subdivision of the property or receipt of a building permit from the Frederick County Inspections Department for the first building to be constructed on the subject parcel. page 2 PROFFER STATEMENT PARCEL ID 64-((A)-9 & 9A 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. Submitted By: Jasbo, Inc. & Fred L. Glaize, III Date: STATE OF VIRGINIA, AT LARGE To -Wit - CITY OF WINCHESTER The foregoing instrument was acknowledged before me this 6thday of April, 1999 Fred L. Glaize, III and James L. Bowman, President of Jasbo, Inc., a Virginia Corporation My commission expires on December 31, 2000 Notary Public page 3 by IMPACT ANALYSIS STATEMENT A PROPOSED REZONING for PARCEL ID - 64B -((A))-9 AND PARCEL ID - 64B -((A)) -9A Shawnee Magisterial District Frederick County, Virginia March 30, 1999 Prepared for: Jasbo, Inc. & Fred L. Glaize, Jr. 1 l2 East Piccadilly Street Winchester, Virginia 22601 Prepared by: PAINTER-LEWIS, P.L.G. 302 South Braddock Street, Suite 200 Winchester, VA 22601 Tel.: (540)-662-5792 Fax.: (540)-662-5793 IMPACT ANALYSIS STA"MENT PARCEL ID: 64B -((A))-9 a,.- PARCEL ID: 64B -((A)) -9A IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section page L INTRODUCTION 1 A. SITE SUITABILITY 1 B. SURROUNDING PROPERTIES 2 C. TRAFFIC 3 D. SEWAGE CONVEYANCE AND TREATMENT 4 E. WATER SUPPLY 4 F. DRAINAGE 4 G. SOLID WASTE DISPOSAL FACILITIES 4 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 5 J. OTHER IMPACTS 5 APPENDIX 6 IMPACT ANALYSIS STA r—MENT PARCEL ID: 64B -((A))-9 ai,, PARCEL ID: 64B -((A)) -9A i. INTRODUCTION The subject property currently consists of two parcels containing a total of 11.2662 acres and is located on US Route 522, 0.73 miles south of US Route 50. Exhibit 1 shows the location of the property. The property is zoned MH -1, Mobile Home Community District. The property is " currently vacant. The owner desires to rezone the entire 11.2662 acres to B2, Business General District. According to the 1997 Frederick County Comprehensive Policy Plan, the property is within the Urban Development Area_ The property also lies within the limits of the Route 50/Route 522 Business corridor. The property is located between the Route 645, Airport Road and Route 50. The proximity of the property to Route 522, Route 50, Interstate Route 81, and the airport makes it highly desirable for commercial development. The property will be better utilized with a B2 zoning which will allow the development of a variety of business, office and service uses. Rezoning the subject property to B2 is consistent with the Frederick County Comprehensive Plan. The property contains approximately 62 linear feet of frontage on US Route 522 which does not provide sufficient separation from Premier Place to allow an additional entrance. However, because the property owners share common ownership interest in the adjacent parcel, primary access to the property will be from Premier Place. The owner plans to eliminate the southern boundary of the subject parcel to provide frontage on Premier Place. A. SITE SUITABILITY The majority of the site is well suited for commercial development. Gently sloping topography will facilitate the construction of commercial buildings and associated access drives. Utilities are available from Premier Place as well as from the roadway which accesses the Elks Club along the north side of the property. Route 522 as been improved to five lanes. Additional road improvements are planned for the area. For example, the study alignment for Warrior Drive passes close to the east of the property. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 01158 shows the parcel is not within designated areas of the 100 year flood. WETLANDS No wetlands have been identified on the site. STEEP SLOPES The property is located at a local high point. The majority of the property slopes to the east. Slopes range from 1.0% to approximately 10%. The property contains no "steep slopes" as defined by the Frederick County Zoning Ordinance. page 1 IMPACT ANALYSIS STA r—MENT PARCEL ID: 64B -((A))-9 at.- PARCEL ID: 64B -((A)) -9A MATURE WOODLANDS The site is generally without mature woodlands. SOILS According to the Soil Survey of Frederick County, the site contains the following soil types: Blairton silt loam, 2-7% - (3B), Frederick-Poplimento loam, 2-7% - (14B), Carbo-Oaklet silt loams, very rocky, 2-15% - (6C), and Oaklet silt loam, 2-7% - (32B). These soils are part of the Weikert-Berks-Blairton Association which are generally shallow to moderately deep and formed from weathered shale or sandstone. The Unified soil classifications are GM, ML, and CL. Unweathered bedrock can be expected at relatively shallow depths around 36 inches below the ground surface. There are no critical areas on the site. AIRPORT DISTRICT The subject property is within the Airport District - API as defined by the Frederick County Zoning Ordinance. The purpose of this district is to prevent the encroachment of airport hazards. The property is within the "Approach zone" which extends away from the ends of the runway along the extended centerline. The height limitations within the approach zone are defined as one foot in height for each fifty feet in horizontal distance beginning at a point 200 feet from and at the centerline elevation of the end of the runway. The elevation at the end of the runway is 726 feet MSL. The distance to the site is approximately 3500 feet. The approximate height limitation at the subject property is 792 feet MSL. The maximum elevation at the property is approximately 750 feet MSL. B. SURROUNDING PROPERTIES The two parcels to be rezoned is bordered on the north and west by land owned by The Elk Club of Winchester, Inc. and is zoned B2. Along the west and south is a parcel owned by June H. Russell, zoned RA and used for agricultural purposes. Along the eastern boundary of the subject parcels are three separate parcels. These three parcels are owned by 1)The Calvary Church of the Brethren, zoned RP, 2)Fred L. Glaize, Jr., zoned B2, and 3)William R. Mitchell, zoned MH -1. The adjoining property owner information is listed below. Also along the east boundary is the Route 522 right-of-way. Across the ROW is a parcel owned by F. & S. Pecht, zoned B-1. Parcel ID # 64-((A))-5 Elk Club of Winchester P. O. Box 25 Winchester, VA 22604 Parcel ID # 64-((A))-10 June H. Russell 740 Front Royal Pike Winchester, VA 22602 Parcel ID # 64-((A))-72, 73, 80 Calvary Church of the Brethren 417 Bufllick Road Winchester, VA 22602 Parcel ID # 64 -((A)) -9E Fred L. Glaize, Jr. P. O. Box 888 Winchester, VA 22604 page 2 IMPACT ANALYSIS STAT"-'MENT PARCEL ID: 64B -((A))-9 a,.- PARCEL ID: 64B -((A)) -9A Parcel ID # 64B -((A))-8 William R. Mitchell 137 Garber Lane Winchester, VA 22602 Parcel ID #64B-((2))-3 Fred K. and Sandra Pecht 485 Front Royal Pike Winchester, VA 22602 The area surrounding the subject property is identified in the Comprehensive Plan for commercial growth. Overall, the area is steadily changing to commercial uses including retail and general office. Commercial development of the property may have adverse impacts on the adjoining properties. Impacts could include noise, dust, and glare from site lighting. Impacts resulting from commercial development of the property will be mitigated by the application of a landscaping and screening buffer required to be located between residential land zoned RA and future commercial development on land zoned B2. C. TRAFFIC The site is less than one mile from the intersection of Route 522 and Route 50. This intersection is immediately adjacent to Interstate 81. The 1997 Comprehensive Plan classifies Route 522 as a major arterial road. Route 522 at the site is a five lane road with dual lanes in each direction and a center turn lane. Traffic data from the Virginia Department of Transportation for nearby roads is somewhat dated. A 1995 count records 31,400 trips on Route 50 at Interstate 81. A 1994 count records 8,000 trips on Route 522 at Route 644. Route 644, Papermill Road, is approximately 1.5 miles south of the site. A 1990 count records 10,295 trips between 7 A.M. and 7 P.M. on Route 522 at Route 50. An estimate of current traffic on Route 522 at the site would be 12,000 to 13,000 trips per day. In the 1997 Comprehensive Plan a general road plan for the eastern portion of the county has been prepared for arterial and collector roads. The plan does not identify specific locations and alignments for future roadways, but is intended to show the connections which should be made between various locations and routes. The Eastern Road Plan illustration shows a proposed Major Collector road between Route 50 and Route 522. The Route 522 connection is shown in close proximity to the subject site. In addition, preliminary road plans generated for the county show a potential alignment for this collector road to be located near the eastern property line of the subject property. Traffic impacts as a result of commercial development of this property can be estimated by assuming the most intensive usage of the site. In this case, the most intensive usage will be some type of retail activity where vehicle trips experience intermittent peaks during specific times. Vehicle trips are herein estimated using the ITE Trip Generation Manual, Fifth Edition for the category of "#814 -Specialty Retail Center". According to the Frederick County impact model, the property could contain up to 240,657 square feet of retail space. Traffic impacts can be based on the area of potential retail space. For the purposes of this report, trip ends will be estimated from the ITE Manual based on 1000 square feet of gross leasable area as follows: Average Vehicle Trip Ends-Weekda)�: 40.67 x 240.7 = 9,787 Average Vehicle 7rip Ends A.M. Peak Hour: 6.41 x 240.7 = 1,543 Average Vehicle 7rip End..s-P.M. Peak Hour: 4.93 x 240.7 = 1,186 page 3 IMPACT ANALYSIS STA'rT-7 ENT PARCEL ID: 64B -((A))-9 a..- PARCEL ID: 64B -((A)) -9A Average Vehicle Trip End..v-Saiurday: 42.04 x 240.7 = 10,117 Average Vehicle Trip End..v-Sunday: 20.43 x 240.7 = 4,916 The generation of over 10,000 trips per day from a 240,000 square foot retail center would have a significant impact on traffic movement on Route 522. The developer of such a project would have to provide improvements to the road infrastructure as required by the Virginia Department of Transportation. Improvements could include signalization, additional turn lanes, and perhaps the construction of a portion of the proposed connection between Route 50 and Route 522. These issues would have to be addressed during the site planning process. D. SEWAGE CONVEYANCE AND TREATMENT There are currently public sewerage facilities available to serve the site. An 8" diameter sanitary sewer line runs in an easement in the adjacent parcel to the south. The sewer is generally located within the right-of-way of Premier Place. Please see Exhibit 3. Sewage flows from general retail space may amount to 200-300 gallons per day per 1000 square feet. The projected flow generated from 240,657 square feet is 48,131 gpd or approximately 0.074 cfs. Sewage from the site will be treated at the Opequon Water Reclamation Facility. E. WATER SUPPLY There are currently public water facilities available to serve the site. The Frederick County Sanitation Authority has an 8" diameter water main running approximately 500 feet into Parcel 9, F. DRAINAGE The site is located at the high point of the local watershed. Drainage generally runs to the east to Sulphur Spring Run and to the south to Buffalo Lick Run. Recent improvements to Route 522 have included the installation of drainage structures which will collect the runoff which flows in the eastern direction. There are no permanent or intermittent streams on or near the site. 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 a detention facility will be constructed near the southern boundary of the property to serve the majority of the site. Runoff from the eastern portion of the site may be handled by the Route 522 drainage improvements. G. SOLID WASTE DISPOSAL FACILITIES The nearest solid waste transfer facility is located at the Frederick County Landfill approximately 3 miles to the northeast on Sulphur Spring Road. No additional solid waste disposal facilities will be required for the proposed development. The amount of solid waste generated by a retail development can be estimated based at 1000 pounds per day for the entire retail operation. Tipping fees are $35.00 per ton. Collection fees are $25.00 per ton. The annual cost projected to meet waste disposal needs can be estimated by: page 4 IMPACT ANALYSIS STA" —MENT PARCEL ID: 64B -((A))-9 ai.., PARCEL ID: 64B -((A)) -9A cost cost per ton of ivaste x tonnage $10,950. 00 = $60.00 x (1000 lbs) x (1/2000 Ihs/ton) x 365 days/year 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 Frederick County Comprehensive Plan Battlefield inventory, the property lies outside the commonly accepted limits of the major civil war battles. The nearest recognized battlefield associated with the Civil War would be the Second Battle of Kernstown located approximately one mile west of the site. The Rural Landmarks Survey Report identifies several structures withing the proximity of this site as depicted on Exhibit 4. The Rosenberger Farm (34-430) and the Russell Place (34-431) are identified as potentially significant historic resources. The proximity of the 11.2662 acre site proposed for rezoning will not create a negative impact to these potentially historic resources. I. COMMUNITY FACILITIES ED UCA TION No impacts to education facilities are anticipated. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Greenwood Fire and Rescue Company No. 18 located approximately 4.0 miles to the northeast on Senseny Road. 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 new capital costs for emergency service facilities attributable to this development is $7,798.24. PARKS AND RECREA TION The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for public park facilities attributable to this development is $0.00. J. OTHER IMPACTS Interviews with county staff indicate that no additional impacts are required to be addressed. page 5 IMPACT ANALYSIS STA'""ENT PARCEL ID: 64B -((A))-9 a,,,, PARCEL ID: 64B -((A)) -9A IMPACT ANALYSIS STATEMENT APPENDIX item EXHIBIT 1 SITE LOCATION I EXHIBIT 2 PROPERTY MAP 2 EXHIBIT 3 SITE MAP 3 EXHIBIT 4 HISTORIC STRUCTURES 4 EXHIBIT 5 FISCAL IMPACT MODEL 5 EXHIBIT 6 CURRENT TAX STATEMENT 6 EXHIBIT 7 PROPERTY DEED 7 EXHIBIT 8 PROFFER STATEMENT g page 6 PAINTER-LE'IS,P.L.C. 302 South Braddock Street, Suite 200 Winchester, Virginia 22601 Telephone (540)662-5792 Facsimile (540)662-5793 ME MAMPI-4 A `iii ED REMING PARCEL 64 Mj%%—q a: 9A FREDERICK 41NIV, VIRGIN DATE; 01-18-99 SURVEY* RITCHIE DRAWN. JCL EXHIBIT: SCALE: 11' = 2000' C.I.:no JOB NO.: 9711022 PAINTER --NNIS, KL.C- 302 South Braddock Street, Suite 200 Winchester, Virginia 22601 Telephone (540)662-5792 Facsimile (540)662-5793 41141it ;ill R PROPOSED REZONING pARCEI. A R fA FREDERICK COUNTY, VIRGINIA DATE: 01-18-99 SURVEY: RITCHIE DRAWN: JCL EXHIBIT: SCALE: no C.I.: no 2 JOB NO.: 9711022 INTERSTATE 81 N 2257'38" E 867.10' 42yz'2` w JUNE H. RUSSELL D.B. 231, PG 70 PIN=64—A-10 USE: PASTURE ZONED: RA N 49'43'53' E- 378.00' CALVARY CHURCH OF THE BRETHREN D.B. 328, PG 681 D.B. 280, PG 84 & 87 D.B. 485, PG 464 PIN=64B—A-72, 73, & 80 USE: CHURCH ZONED: RP EX. 20' WATER - EASEMENT DB 719, PG 139 PAINTER-LEWIS, P.L.C. 302 South Braddock Street, Suite 200 Winchester, Virginia 22601 Telephone (540)662-5792 Facsimile (540)682-5793 WTHE ELK CLUB OF WINCHESTER, INC. C1 co D.B. 719, PG 309 ;� D.B. 753, PG 1352 PIN=64—A-5 ti USE: COMMERCIAL ZONED: B2 rs l� L9 11� r d, a c c,+ o c _ c: 11.2662 AC.� C.W. WILSON WILSON TRUCKING CO. CD D.B. 389, PG 653 PIN=64—A-7 USE: TRUCK TERMINAL aoo ZONED: M2 L7 ` EX. a' SAN. SEW. EX. SAN. SEW. & �� I r' WATER EASEMENT EX. SAN. SEW. k „ DB 671, PG 470 WATER EASEMENT SAN. SEW./r; L5 Llt DB 671, PG 470 3 1 �,. o � Z ` KDG, LC PIN=64B—A-29 &30 USE: VACANT ZONED: a-2 O� FRED K. & SANDRA PECHT PIN=64B-2-3 USE: RES. ZONED: B1 DATE: 01--16-99 SITE MAP SURVEY: RITCHIE A PROPOSED REZONING DRAWN: JCL EXHIBIT: PARCEL 64—((A))-9 & 9A C.I.: SCALE: no zoo :i FREDERICK COUNTY, VIRGINIA JOB NO.: 9711022 LINE TABLE NO, DIRECTION DISTANCE L1 S01'06'12'E 62.67' L2 04.1917'W 153.06' L3 S1 5'40'43"W 211.00' L4 N74'19'17"W 81.79' L5 S16'31'18'W 70.16' L6 N73.28 42"W 100.00' L7 N16'31'18"E 22.88' Le N73 28'42"W 88.00' L9 S3214 I43'W 136.51' L10 N74 -19-17"W 166.64- L11 S05'43'59"W 100.00' N 49'43'53' E- 378.00' CALVARY CHURCH OF THE BRETHREN D.B. 328, PG 681 D.B. 280, PG 84 & 87 D.B. 485, PG 464 PIN=64B—A-72, 73, & 80 USE: CHURCH ZONED: RP EX. 20' WATER - EASEMENT DB 719, PG 139 PAINTER-LEWIS, P.L.C. 302 South Braddock Street, Suite 200 Winchester, Virginia 22601 Telephone (540)662-5792 Facsimile (540)682-5793 WTHE ELK CLUB OF WINCHESTER, INC. C1 co D.B. 719, PG 309 ;� D.B. 753, PG 1352 PIN=64—A-5 ti USE: COMMERCIAL ZONED: B2 rs l� L9 11� r d, a c c,+ o c _ c: 11.2662 AC.� C.W. WILSON WILSON TRUCKING CO. CD D.B. 389, PG 653 PIN=64—A-7 USE: TRUCK TERMINAL aoo ZONED: M2 L7 ` EX. a' SAN. SEW. EX. SAN. SEW. & �� I r' WATER EASEMENT EX. SAN. SEW. k „ DB 671, PG 470 WATER EASEMENT SAN. SEW./r; L5 Llt DB 671, PG 470 3 1 �,. o � Z ` KDG, LC PIN=64B—A-29 &30 USE: VACANT ZONED: a-2 O� FRED K. & SANDRA PECHT PIN=64B-2-3 USE: RES. ZONED: B1 DATE: 01--16-99 SITE MAP SURVEY: RITCHIE A PROPOSED REZONING DRAWN: JCL EXHIBIT: PARCEL 64—((A))-9 & 9A C.I.: SCALE: no zoo :i FREDERICK COUNTY, VIRGINIA JOB NO.: 9711022 01b1 Ce 199 Barr House(I-liouse) 424 Garber Farm(Federal style) 427 Calvary Church of the Brethren(Reconstruction-cliurch) 430 Rosenberger Farnl(Reconstnlction-agriculture) 431 Russell Place(I-house) 459 House, Route 522(Ilali-Parlor) 460 house, Route 522(Craftsman) 461 Moreland's Stop & Shop Grocery(WWI-commerce) 462 Dingley Iiouse(Reconstl-uction-agriculture) 463 Store, Route 522 at Old Route 645(WWI-commerce) 464 Beaver House 465 Gothic Revival Cottage, Beaver Property PROJECT: t�ar�pp1� @ DATE. 01-18-99 PAINTER-LEWIS,, P*LC• 1`�. sv v' iorrum SURVEY: RITCHIE REY 302 South Braddock Street, Suite 200 DRAWN: JCS EXHIBIT: A ONI SCALE: no Winchester, Virginia 22601 Telephone (540)662-5792 PARCEL 64—((Q-9 & 9A' C.I.: no 4 Facsimile (540)662-5793 � NW9 iii JOB NO.: 9711022 JAN -21 -99 TH" 1 1 = 22 FREDER ICK: C JUVITY OUTPUT MODULE Net Fiscal Capital Impact Costs credit Firms Department $264 Rescue Department $1,135 Elementary Schools $d Middle Schools $0 High Schools $0 Parks and Recreation SD TOTAL $1,400 FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions $8,428,876 $7,798.24 NOTES: Model Rim Date 01/21/99 EAW P.I.N. 64-A-9 & 9A Rezoning: Assumes 240,657 sq.ft. retall on 11.26622 acres of S2, Due to changing conditions associated with development in the County, the results of this C ut Module may not be valid beyond a period of 90 days from the model run date. P.01 Credit for Taxes to Capital Net Costs Irn acct $1,177 $223 $429,488 $0 .$2&4 $.Q $456,195 $0 $7,798.24 NOTES: Model Rim Date 01/21/99 EAW P.I.N. 64-A-9 & 9A Rezoning: Assumes 240,657 sq.ft. retall on 11.26622 acres of S2, Due to changing conditions associated with development in the County, the results of this C ut Module may not be valid beyond a period of 90 days from the model run date. P.01 PC REVIEW DATE: 05/05/99 BOS REVIEW DATE: 05/26/99 REZONING APPLICATION #10-99 DeRAVEN/ORNDORFF ("Mr. Fuel") To rezone 9.4382 acres from M2 (Industrial General) District to 133 (Industrial Transition) District, and .8263 acres from RA (Rural Areas) District to B3 (Industrial Transition) District To rezone 10.2645 acres (the total area proposed to be rezoned from M2 and RA Districts to B3 District) to IA (Interstate Area Overlay) District LOCATION: This property is located 500'+ south of the intersection of Rest Church Road (Rt. 669) and Martinsburg Pike (Rt. 11), between Rt. 11 and I-81 and continuing south to Duncan Run. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 33-A-91, 33A -A-12, and 33A -A-15 PROPERTY ZONING & PRESENT USE: Zoned: M2 (Industrial General) and RA (Rural Areas) District - - Land Use: Vacant and Residential— - - ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District Use: Exxon Convenience Store South: Zoned RA (Rural Areas) District Use: Residential East- Zoned RA (Rural Areas) District Use- Residential West- Zoned B3 (Industrial Transition) District Use: Flying J Truck Stop PROPOSED USE: Retail Motor Fuel and Convenience Facility DeHaven/Orndorff REZ #10-99 Page 2 April 26, 1999 REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached letter from Barry J. Sweitzer, Transportation Roadway Engineer, dated December 28, 1998. Fire Marshal: Recommend plan approval, no additional comments. County Engineer: See attached letter from Harvey E. Strawsnyder, Director of Public Works, dated 12/11/98. Sanitation Authority: We do not serve this area. Health Department: The Health Department cannot comment on this proposal since the property has not been evaluated by the department for sewage disposal options. Any proposed business on the property must have an adequate method of sewage disposal meeting all applicable regulations. Parks and Recreation: No comment regarding this rezoning request. Frederick County Public Schools: We do not believe the proposed rezoning of the property listed above will have a negative impact on current or future schools needs. County Attorney: Proffers appear to be in proper form. Planning & Zoning: 1) Site History The original Frederick CountyZoningMap (U. S.G. S. Inwood Quadrangle) depicts the zoning for 9.4382 acres of this proposal as M2 (General Industrial) District, and 0.8263 acres of this proposal as A2 (Agricultural General) District. The acreage zoned A2 (Agricultural General) District was reclassified as RA (Rural Areas) District on February 14, 1990 when the comprehensive revision to the Zoning Ordinance was adopted by the Board of Supervisors. 2) Location The 10.2645 -acre site proposed for rezoning is located outside of the county's Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). This acreage is adjacent to Interstate 81 and within close proximity of the intersection of Interstate 81, Martinsburg Pike (Route 11 North) and Rest Church Road (Route 669); therefore, this acreage is consistent with the Idealized Interchange Development Pattern specified in the Comprehensive Policy Plan. DeHaven/OrndorlT REZ 410-99 Page 3 April 26, 1999 3) Site Suitability The 10.2645 -acre site does not contain areas of steep slope, wetlands, or mature woodlands. Minor areas of prime agricultural soils exist on-site, while a significant amount of floodplain exists in the southern portion of the site along Duncan Run, as identified by the FEMA National Flood Insurance Program Map - Community Panel #510063 -0075-B. The Frederick County Rural Landmarks Survey does not identify potentially significant historic resources or historic districts on, or within, the proximity of this acreage, The 10.2645 -acre site has approximately 800 feet of road frontage along Martinsburg Pike (Route 11 North). The site does not contain public water or sewer service, nor is it permitted to be served at this time due to existing policy. The applicants will serve the property with a well and a private wastewater treatment plant. The Department of Environmental Quality, Valley Regional Office, is the permitting authority for the private wastewater treatment plant which will establish the level of treatment for this use should the rezoning be approved by the Board of Supervisors. 4) Potential Impacts and Issues a) Transportation The applicants have prepared a detailed traffic impact analysis which provides traffic count information, trip generation information, trip distribution and turning movement projections, and existing and projected level of service information. The traffic impact analysis statement was prepared utilizing 1996 traffic data from the Interstate 81 study, 2020 traffic projections from the same study, and trip generation data from the - -.— --Institute of Traffic Engineers (ITE) Manual, existing Flying -J-Centers, and existing Aerogas Centers. The traffic impact analysis assumes that all attractions (truck and automobile vehicle trips) which will utilize the proposed Aerogas Center will come from Interstate 81, and that this use will not increase traffic volumes on Interstate 81. The traffic impact analysis also assumes that all traffic exiting Interstate 81 to utilize the Aerogas Center will be vehicle trips above and beyond the traffic that will utilize the Flying J Center. The 1996 traffic data for the Interstate 81 study determined that 2,600 vehicle trips exited Interstate 81 at Exit 323, traveling east on Rest Church Road (Route 669) to Martinsburg Pike (Route I 1 North), or west on Rest Church Road to residential areas. The Flying J Center opened in Fall 1997; therefore, this impact was not part of the 1996 data. The average vehicle trip generation from the five Flying J Center sites depict a total of 2,032 trips, of which 1,191 were automobile and 841 were DeHaven/Orndorff REZ #10-99 Page 4 April 26, 1999 trucks. Assuming these averages, Interstate 81/Exit 323 would have a current daily traffic count of 4,632, with a minimum of 841 (or 18%) of this volume being truck traffic. The average vehicle trip generation from the five Aerogas Center sites depicts a total of 1,215 trips, of which 715 were automobile and 500 were trucks. The projected traffic impact for the Aerogas Center would increase the average daily traffic count at Interstate 81/Exit 323 to 5,847 trips, or 26% of current volume. An additional 500 truck trips would be attracted by this use; therefore, a minimum of 1,341, or 22% of the traffic volume at Interstate 81/Exit 323 would be truck traffic. The traffic impact analysis projects that 1,215 vehicle trips will exit Interstate 81 and travel east to Martinsburg Pike to access the Aerogas Center. The most recent traffic counts for Martinsburg Pike between Woodbine Road (Route 671) and the West Virginia line depict 3,800 vehicle trips. Therefore, the projected vehicle trips on this segment of Martinsburg Pike would increase to 5,015 trips per day, or 32% of the current volume. The traffic impact analysis provides Level of Service (LOS) information for the northbound and southbound ramps at Exit 323, although no LOS information has been provided for the Martinsburg Pike/Rest Church Road intersection. The 1996 traffic information suggests that the northbound and southbound ramps functioned at a LOS "A' and would function at a LOS `B" under 2020 conditions. It is uncertain what the LOS is at this time, as the 1996 data does not account for the Flying J Center. It should also be noted that the 2020 conditions assume the replacement of the bridge structure at Exit 323 with a bridge that is a minimum of four lanes. Discussions with VDOT officials indicate that there is not a projected date for the replacement of this bridge structure; therefore, it is uncertain how long the current bridge will be- required _to function.at this_projected-traffic volume., b) Adjoining Properties The primary land use within the proximity of the 10.2645 -acre site is residential. Three residences are located immediately south of this site, while nine residences are located directly across Martinsburg Pike from the site. Potential negative impacts that could be realized by these adjoining properties include increased traffic, increased noise levels (particularly from trucks slowing to turn or trucks idling on-site), headlight glare from trucks and automobiles exiting the site, lighting impacts from the Aerogas Center structures and signs, and hours of operation. DeHaven/Orndorff REZ # 10-99 Page 5 April 26, 1999 5) Proffer Statement The applicants have submitted a proffer statement that has been signed, notarized, and reviewed by the County Attorney's Office. The applicants have proffered to restrict all permitted uses in the B3 (Industrial Transition) District except for a truck stop with accessory uses which would include motor fuel sales, convenience store, restaurant, and maintenance facilities. The applicants have proffered to undertake improvements to the Interstate 81 northbound off ramp, to provide turn lanes and additional travel lanes on Martinsburg Pike and Rest Church Road, and to participate in the installation of traffic signalization on the Exit 323 bridge structure at the northbound off ramp, as well as at the intersection of Martinsburg Pike and Rest Church Road. Finally, the applicants have proffered to construct a six-foot concrete wall with an architectural cap along Martinsburg Pike to screen the Aerogas Center from the residences to the east. It should be noted that the applicants have conditioned the transportation improvements within the proffer statement to read "if required by VDOT". Therefore, the provision of additional turn lanes, travel lanes, and signalization may not be realized at this location. It would be appropriate to modify this language to remove the "if required by VDOT" statement to ensure that this is an actual proffer and not simply stating an agency requirement. 6) IA Interstate Area) Overlay District The applicants have requested approval of an IA (Interstate Area) Overlay District designation for the 10.2645 -acre site, should they be successful in obtaining a B3 (Industrial Transition) District zoning. The only properties that contain this overlay designation at Exit 323 are those within the Whitehall Business Park locatedonthe west side of Interstate 81. The Whitehall Business Park is the location of the Flying J Center. Section 165-118 of the Frederick County Zoning Ordinance states that in order for a property to qualify for an IA Overlay District designation, it must conform to the Idealized Interchange Development Pattern recommended in the Comprehensive Policy Plan, permit uses such as general merchandise stores, gasoline service stations, eating and drinking establishments, or lodging establishment, and must not have an adverse impact on adjoining properties whose primary use is residential. STAFF CONCLUSIONS FOR THE 05/05/99 PLANNING COMMISSION MEETING: The proposal to rezone the 10.2645 -acre site is consistent with the Idealized Interchange Development Pattern specified in the Comprehensive Policy Plan. The site has a significant amount of road frontage on Martinsburg Pike which is classified as a major arterial road system. The DeHaven/OrndorffREZ 910-99 Page 6 April 26, 1999 property is not permitted to be served by public water and sewer service under current policy. The development of a truck stop with fuel sales, a convenience center, restaurant, and maintenance facility would increase automobile and truck traffic at Interstate 81/Exit 323, Martinsburg Pike, and Rest Church Road. Traffic traveling south on Interstate 81 would have to cross the two-lane bridge structure to access this property and to return to the interstate mainline. The development of a truck stop with fuel sales, a convenience center, restaurant, and maintenance facility would impact adjoining residential properties, particularly those located on the east side of Martinsburg Pike. The applicants have submitted a proffer which attempts to mitigate the impacts to the transportation system and adjoining properties. The Planning Commission should determine if the proffered conditions adequately mitigate the impacts to adjoining properties, and if the current transportation system can accommodate the additional traffic impacts in the interim until the Interstate 81 improvements are realized when forwarding a recommendation to the Board of Supervisors. O:\Agendas\COMMEN7'SIREZONING\Stafi Report\Dellaven_OmdortEREZwpd COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 December 28, 1998 JERRY A. COPP RESIDENT ENGINEER TELE(540)9845600 FAX(540)984-5607 Mr. Stephen M. Gyurisin Ref: Aerogas (Manuel C. DeHaven Property) C/O G. W. Clifford & Associates, Inc. Routes 11, 669,1-81 200 North Cameron Street Frederick County Winchester, VA 22601 Dear Steve: A VDOT review has been completed on the rezoning application dated November 18, 1998 for the referenced property. Comments are as follows and should become part of the proffers prior to VDOT approval of the rezoning application. Under Site Plan Improvements: Revise Item #1 after US Route 11 (Martinsburg Pike) and State Route 669 (Rest Church Road) between Route 81 ramps (eastern) and Route 11 will be provided etc. Add Item #3: Enter into a signalization agreement to participate in the cost of design, material and installation of signalization of intersections at Route 669 (Rest Church Road) with off/on ramps of 1-81 SBL at Route 669 (Rest Church Road) with off/on ramps of 1-81, NBL and at Route 11 (Martinsburg Pike) and Route 669 (Rest Church Road) - 7 -three -locations inall. - - - Add Item #4: Acknowledge potential impact of proposal to widen Interstate Route 81 in the vicinity of this proposed property to be rezoned. See attached Xerox copy of a portion of the Route 81 preliminary proposal. Should you have any questions or if additional information is needed, please feel free to call. Sincerely, n� wa Engineer J. Swei rens. Ro For. Steven A. Melnikoff, Transportation Engineer BJS/rf Enclosures xc: Mr. Dave Heironimus, Mr. Kris Tierney WE KEEP VIRGINIA MOVING COUNTY of FREDERICK N December 11, 1998 Mr. Stephen M. Gyurisin Gilbert W. Clifford and Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Aerogas Frederick County, Virginia Dear Steve: Department of Public Works 540/665-5643 FAX: 540/678-0682 We understand that the property associated with the proposed rezoning of approximately 11 acres owned by Manuel DeHaven will be developed by Aerogas as a truck stop. We can only assume at this point that the traffic and services will be similar in nature to that associated with the Flying J facility on the west side of Interstate 81. In that light, we offer the following comments related to the proposed rezoning submittal: 1. A review of the checklist indicates that you propose to rezone ten (10) acres of M- 2 and one acre of RA to 11 acres of B-3. The title survey furnished with the submittal and prepared by Marsh and Legge indicates one parcel of 13.81 acres zoned M-2 and one parcel of 0.48 zoned M-2. The survey map should be modified to reflect the proposed rezoned property. 2. It appears that the flood plain designations have been located on the title plat. During the site plan design, it will be necessary to include stormwater facilities which not only control the quantity of on-site run-off but also the quality i.e., oil separators will most probably be required in conjunction with a BMP designed detention basin. 3. The proffer statement indicates that a traffic impact study will be conducted if the rezoning is approved. We recommend that a traffic study and associated conceptual design be performed as part of the rezoning request. Traffic impact will have the greatest influence on determining if this site should be rezoned for use as a truck stop. The costs associated with the anticipated road improvements will have a significant impact on the project especially if Frederick County has to contribute_ 107 North hent Street 6 Winchester, Virginia 22601-5000 Aerogas Page 2 December 11, 1998 The Virginia Department of Transportation (VDOT) has indicated to us that the Woodbine Road/I-81 overpass is already severely taxed by the truck traffic associated with Flying J. The development of the proposed 11 acre site as a truck stop will only add to this congestion. In fact, the truck traffic on Route 1 I will be greatly expanded resulting in congestion at the Route 11 and Woodbine Road intersection_ Consequently, we strongly recommend that a traffic study and conceptual traffic design be presented to VDOT and the board of supervisors to allow them to reach a decision on the proposed rezoning. Please contact me if you have any questions concerning the above comments. Sincerely, Harvey . Strawsnyder, Jr., P.E. Director f Public Works HES/kch cc_ file REZONING APPLICATION FORINT 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, Deal Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Gilbert W. Clifford & Associates, Inc. Telephone: 667-2139 Address: c/o Stephen M. Gyurisin 200 N. Cameron St. Winchester VA 22601 2. Property Owner (if different than above) Name: Manuel C. & Pearl A. DeHaven Telephone: (540) 662-0762 Address: 4723 Martinsburg Pike Clearbrook„ VA 22624 W.D. & Dorothy Omdorff Telephone: (540) 667-11574 4553 Martinsburg Pike, Clearbrook, VA 22624 3. Contact person if other than above Name: Stephen M. (srisin Telephone: 667-2139 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments y Plat Fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement 5. The Code of Virginia allows ins to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Maunel C. DeHaven & Pearl Dehaven W.D. Orndorff & Dorothy Orndorff 6. A) Current Use of the Property: 7. B) Proposed Use of the Property: 8. Adjoining Property: PARCEL ID NUMBER 33-A-11 33A -A-22 to 24 33A -A-13,, 14,15&15A 33-A-1 to 5 34-A-2 M-2 (10 acres) and RA (1 acre) B-3 (11 acres) USE Commercial Residential Residential Commercial & Indust. Vacant *(SEE ATTACHED LIST ARID SURVEY) ZONING RA RA RA B-3 & M-1 RA 9. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). 500 +/- south of the intersection of VA. Sec. Rt. 669, Woodbine Road and U.S. Route 11, Martinsburg Pike, located between U.S. 11 and Interstate 81 and continuing south to Duncan Run. Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staffto use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 10. Parcel IdentificationlLocatioan: Parcel Identification Number(s): 33-A-91 33A -A-15 & 33A -A-12 Magisterial: Fire Service: Rescue Service: Stonewall Clearbrook Clearbrook High School: Middle School: Elementary School: James Wood Frederick City Stonewall 11. Zoning Change: List the acreage included in each new zoning category being requested. 12. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed -NIA Single Family home Townhome Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Retail - - Restaurant Other 13. Signature: Square Footage of Proposed Uses Manufacturing Warehouse I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) 'Knowiedge. Applicant(s)' c1 ° ` A Owner(s) .E r Date Date Date Date 4 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. � Date: Applicant(s): 7 P t / i 7 C,--/ Date: Owner(s): Date: Date: 14 Mr. Fuel/Aerogas Adjoining Property Owners Tax May leo. Name Address 33-A-91 Manuel C. DeHaven 4273 Martinsburg Pike Clearbrook, VA 22624 33-A-92 John E. & Patricia R. Bowers RR 1 Box 2501 Berryville, VA 22611 33-9-1 CFJ Properties 50 W. 990 S Brigham City, UT 84302 33-9-2 CFJ Properties 50 W. 990 S Brigham City, UT 84302 33-9-3 CFJ Properties 50 W. 990 S Brigham City, UT 84302 33-9-4 CFJ Properties 50 W. 990 S Brigham City, UT 84302 33-9-5 CFJ Properties 50 W. 990 S Brigham City, UT 84302 33A -A-11 Exxon Corporation P.O. Box 53 Houston, TX 77001 - - 33A -A-12 Manuel C. DeHaven_- -__ -_— 4273 Martinsburg Pike - Clearbrook, VA 22624 33A -A-13 Mrs. Grace Roomers 4275 Martinsburg Pike Miss Grace Roomers Clearbrook, VA 22624 33A -A-14 Elwood R. Ruble P.O. Box 103 Clearbrook, VA 22624 33A -A-15 W. D. & Dorotry Omdorff 4553 Martinsburg Pike Clearbrook, VA 22624 33A -A -15A Norman & Nellie Osbourn 4535 Martinsburg Pike Clearbrook, VA 22624 33A -A-19 Betty M. Shillingburg 160 Woodbine Road Clearbrook, VA 22624 33A -A-20 Benjamin D. Fitzwater, Jr. 166 Woodbine Road Clearbrook, VA 22624 33A -A-21 John and Elland Harden 174 Woodbine Road Clearbrook, VA 22624 33A -A-22 Gilbert B. Taylor 184 Woodbine Road Clearbrook, VA 22624 33A -A-23 Lewis F. McDonald, Jr. 1069 Carpers Road Winchester, VA 22603 33A -A-24 Allen J_ & Linda L. Paugh 208 Woodbine Road Clearbrook, VA 22624 33A -A-25 George and Carol Sempeles 331 Woodbine Road Clearbrook, VA 22624 33A -A-26 Leslie Osborne Pope 136 Jordan Dr. Winchester, VA 22602 33A -A-27 Charles Lemen Ellis 4568 Martinsburg Pike Clearbrook, VA 22624 33A -A -27A Emily J. Adams 4578 Martinsburg Pike Clearbrook, VA 22624 33A -A-28 Catherine May Carter 4586 Martinsburg Pike Clearbrook,- VA 22624 33A -A-29 Thelma M. Curry 4592 Martinsburg Pike Robin A. Light Clearbrook, VA 22624 33A -A-30 Fred Milton & Rebecca Kitts 4600 Martinsburg Pike Clearbrook, VA 22624 33A -A-31 Donald Yantis Smallwood RR 1 Box 752 Bunker Hill, WV 25413 33A -A-33 Delmar & Cynthia Larrick 4622 Martinsburg Pike Clearbrook, VA 22624 33A -A-34 The Rainbow Group 720 S_ Braddock St. Winchester, VA 22601 34-A-2 Wilma V. Schlack 4692 Martinsburg Pike Clearbrook, VA 22624 A PROPOSED REZONING - For PARCELS — 33-A-91, 33A -A-12 & 33A -A-15 Industrial General District (M-2) & Rural Area (RA) To Industrial Transition District (B-3) & Interstate Overlay District (IA) Stonewall Magisterial District Frederick County, Virginia February 1999 Prepared for: Mr. Manuel Dehaven. — Property Owner Mr. T. Pat Manning — Arogas, Inc Prepared by: Gilbert W. Clifford & Associates, Inc. 200 N. Cameron St. Winchester, VA 22601 (540) 667-2139 RECEIVED MAR 15 1999 DEPT. OF PLANNINGIDEVELOPMENT Impact Analysis Statement Parcel ID: 33-A-91, 33A -A-12 & 33-A 15 Table of Contents Section Page Introduction 3 Site Suitability 4 Surrounding Properties 5 Traffic 5 Sewage Conveyance and Treatment 5 Water Supply 6 Drainage 6 Solid Waste Disposal Facilities 6 Historic Sites and Structures 6 Community Facilities 6 p Impact Analysis Statement Parcel ID: 33-A-91, 33A -A-12 & 33-A-15 Introduction The following Impact Analysis Statement is provided in summary form for the property known as the "Manuel C. Dehaven Property." The property is located along US Route 11, Martinsburg Pike with I-81 frontage, approximately 500 feet south of the intersection of US Route 11 and Virginia Secondary route 669, Woodbine Road. The property has approximately 800 feet of frontage on US Route 11. The property is located between US Route 11 and Interstate 81 with approximately 1300 feet along the interstate. The parcels to be rezoned total 10.3 acres. A major portion of the property is currently zoned M-2 with a small portion zoned RA. The requested rezoning is to change the current 10+/ - acres from M-2 and RA to B-3 and IA. This is a downzoning from M-2 to B-3. In addition, the Interstate Overlay District (IA) is requested to allow an interstate road sign on site. There are no residential units proposed as part of this rezoning. One residential structure will be removed and incorporated into the project. A site development plan for the proposed use will be prepared in accord with all local and state regulations. The property is located in the Stonewall Magisterial District and has frontage on US Route 11 and I-81. The portion of the property proposed for B-3/IA zoning is located north of Duncan Run and just south of VA Secondary Route 669. The portion of the property proposed for downzoning from M-2 to B-3 zoning is located outside of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). Community and countywide planning policies recognize this area as suitable for development_ due to its _existing M-2,_ Industrial _zoning classification and interstate interchange location_ Analysis of environmental and physical characteristics of this property to be rezoned indicates that there is opportunity for development as envisioned for the B-3 use. Environmental features that limit the development are identified and incorporated for site design consideration. Sewer and water service will be on-site using commercial type well standards and treatment facilities adequate to meet all permitting regulatory requirements. Natural gas and electric service are available to the site. The rezoning of the 10+/- acres of the property fit within the guidelines of present planned policy for the area. In summary: - A major portion, ;f the property has beer zoned M-2 for heave industrial use. - The property is located along an important transportation corridor. - Identifiable traffic increases between M-2 and B-3 zoning is not significant. - Transportation improvements are proffered that will allow for signals and turn lanes not part of the current M-2 zoning. - Detailed traffic studies will be conducted as part of the site development process for County and VDOT reviews. - The property is located within an important interstate interchange area. - Environmental limitations are identified allowing for the commercial development as envisioned. - Fiscal impacts are recognized and remain positive for the proposed change of zoning. Site Suitability The site is well suited for development. According to the 1998 Frederick County Comprehensive Policy Plan, the property is within the Interstate Interchange Area. A major portion of the property is currently zoned M-2. The proximity of the property to US Route 11 and Interstate Route 81 makes it a highly desirable site for B-3/ IA zoning. 100 Year Flood Plain A portion of the parcel is within designated areas of the 100 -year flood. This area is located along Duncan Run, which forms the southern property line. Wetlands No wetlands have been identified on the site. There is no evidence of soils or plants in significant quantity to warrant delineation of wetlands. Steep Slopes The property generally slopes to the south and east. The land is situated between two major highways and is gently sloping toward US Route 11 and Duncan Run. Slopes are less than 15.0%. Mature Woodlands The site contains no mature woodlands. Soils There are no critical soil areas on the site. Comprehensive Planning A major portion of the property requested for B-3 zoning is currently zoned M-2. The subject property is within the designated area of Interstate Interchange Area. The planned zoning to Industrial Transition, B-3 is compatible with all comprehensive planning land use designations and policies. The property is located with frontage along I-81 near an existing interchange and is compatible with IA zoning policies and procedures. Surrounding Properties The site to be rezoned is bordered on the north by a service station business zoned R.A. To the east of the site is US Route 11, Martinsburg Pike with single family residential homes located on the east side of US Route 11 along a portion of the sites frontage. To the south of the site vacant land zoned RA, Duncan Run and residential homes located on small lots zoned RA. Along the West Side of the property requested for B-3 zoning is the northbound lane and exit ramp of I-81. Traffic The property has over +/- 800 feet of frontage on US Route 11, Martinsburg Pike for access. Martinsburg Pike links with VA Sec. Route 669, Woodbine Road, approximately 500 feet north of the site. US Route 11 is a three -lane road that has an 80 -foot right-of- way. Route 669 is a two-lane road with approximately a 60 -foot right-of-way width and tapered with additional right-of-way at the I-81 ramps and US Route 11 intersectons. Virginia Secondary Route 669 intersects with I-81 (Exit 323) approximately 250 feet from US Route 11. Traffic data from the Virginia Department of Transportation for a 1996 count record 3700 trips per day Gin US Route 11 and 2,401 trips per day on Route 669. A traffic impact study is attached. Sewage Treatment There are no known limiting factors for the conveyance of sewage and sewage treatment from this property. A sewage treatment facility is under permit review with DEQ to serve this site with treatment capacity of 25,000 gallons per day. Water Supply A commercial, protected well site will be developed on-site to serve the property and constructed to Health Department Standards. Drainage The site has no identified drainage problems. The southern portion of the site is located within a recognized flood area along Duncan Run. The property slopes generally from the west to the east and drains south toward Duncan Run. There are no streams or ponds located on the site, except Duncan run that forms the south property line, to be zoned to B-3/IA. An increase in storm water runoff can be expected with any development on the property. Storm water management will be provided in accordance with the Frederick County Code, Chapter 165 Solid Waste Disposal Facilities No additional solid waste disposal facilities will be required for the proposed development. Tipping fees are $35.00 per ton. Collection fees are $25.00 per ton. The annual cost project to meet waste disposal needs can be estimated by.- Cost y: Cost = cost per ton of waste x tonnage Historic Sites and Structures The site contains no known historic sites or structures as listed on the National Register. Community Facilities Education No -impacts to -education facilities are anticipated. Emergena Services Police protection is provided by the Frederick County Sheriffs Department. The fire and rescue facility designated to serve this site is the Stonewall Fire and Rescue Company located south in Clearbrook. No additional fire and rescue facilities will be required for the area proposed to be rezoned. Parks and Recreation No impacts to parks and recreation facilities are anticipated. 1 �(J t 71 q - -'2w H .. "C _ "' 590 i ll �. 60 •o 675 0 622 • . b / "5"-���`-_ _ ' l o , ° ° '8 • Ridgeway .1 Cem 638 669 " i'•• t BM 648 INTERCHANGE 8'4 ` Rest • f-�- SITE fl 646 f ° k� BM 62 / X598 _ ♦�.,-'' 670 610 `- - ,i 0 Gilbert W- Clifford and Associates 200 N. Cameron Street Winchester, Virginia, 22601 703-667-2139 Branson Sprang - SITE LOCATION MAP ATTACHMENTS `S C'UTPUT MODULE APPLICANT: M --I Net Fiscal Impact _. }AND USE TYPE Re_ Jng Costs of Impact Credit Credits to be Take 7otat Potential Adjustrnent For REAL EST VAL $1.301,768 Required (entered in Cur. Budget Cur. Budget Cap. Future C1Pl Tax Credits Revenue- Net Capital _, Cast Per =IRE & RESCUE 1 Capital Facittiies. col sum only) 0 w Cap Equip Expend![}etrt S_ Taxes, Other {Unadjus�d'i Cost Balance Faci!ibes Impact OwetliM Unift =ire and Resets Depart tent $10,154 $0 j0 $10,154 ERR lementary Schools $0 — vliddle Schools $0 $0 $0 $0 $0 $0 ERR -ligh Schools $0 .._ 'arks and Recreation $0 b0 $0 $0 $0 ERR 'ubhe Lbrary $0 b0 $0 $0 $0 ERR Saheriff s Offices $0 $396 $0 s0 $398 $398 $o E R R N,dministration BuildWV $0 so $0 $0 b0 ERR Other Miscelkaneous Facilities $O $1,030 $1.352 $2.382 $2,382 $0 ERR SUBTOTAL $10,154 $1,428 $1,352 $0 $2,779 $2,779 $7,375 ERP. LESS: NET FISCAL IMPACT $659,525 ! $615.9,525 $658,525 a659&.5 I ERR NET CAP. FACILITIES IMPACT 301 ER71 INDEX '1.(r If Cap. Equip Included: 1.0 INDEX:'1.0" if Rev -Cost Sal, -Off if Rabb to Co Avg: 0.0 Rev -Cost Ball = 1.000 PLANNING DEPT PREFERENCES ! 1.0 1.0 Ratio to Co Avg = 1.483 METHODOLOGY 1. Capital facilites requiirements ani input to the first column as calci llated in the modal. 2 Net Fiscal Impact NPV from operations cakxaFatiorts is input in mwtotai of second ooli = (zem N negative): included are the one time twoes1€ees for one year orgy at full value. 3. NPV of future open cap equip taxes paid in tthird column as calculated in festal impacts. 4. N PV of futura capital expenditure teuaes paid in fourth col as calculated in fiscal impacts. 5. N PV of future taxes paid to bring current county up to standard for row facilities, as calaalabsd for each new facility. 6. Colurnns three through five are added as potential credits against the calculated capital facilities requwements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to r. for all rasidw*w devebpmerht). NOTE: Pruffer ea orhs do not include include interest because they are cash payments up front Cradfis deo include interest if the projects are debt financed. MOTES: Modal Run Data 03MIM EAW P.I.N. 33-A-91 Rezoning: Assumes 20,000 sq.ft retail on 11 aeras zoned 03. Daae to changing conditions associated with development in the County, the results of this Output Module may trot be valid beyond a period of 90 days frau the mode{ run date. I IN I :RSiATE AREA OVERLAY DISTRICT PROPERTIES ZQNTNG PTK O�� 33-9-1 RAINBOW GROUP B3 33-9-2 RAINBOW GROUP B3 33-9-3 RAINBOW GROUP B3 33-9.4 RAINBOW GROUP B3 33-9-5 RAINBOW GROUP B3 33-9-6 RAINBOW GROUP Ml 33-9-7 RAINBOW GROUP Ml 33-9-8 RAINBOW GROUP MI 33-A-163 ROBERT D. BROWN B2 33-A-164 LYNN $IIGHTOL B2 33 -A -164C RAYMOND FISH B2/B3 33A -A-4 RAINBOW GROUP B3 33A -A-5 RAINBOW GROUP B3 43-A-45 GREGORY THROCIKMORTON B2 43-A-46 PINE 'MOTOR CO. B2 43-A-47 PINE MOTOR CO. B2 43-A-48 FRMIER OEL CO. B2 43 -A -48A 84 LUMBER CO. B2/133 43 -A -18B FRANCHISE REALTY B2 43-A-49 EXXON CORP. B2 43-A-50 WINC. NORTH INC. B2 43 -A -50A PENBERN °ZINC -ASTER B2 43-A-52 NEGLEY CONST. B3 43 -A -52A WINCHESTER NORTH, INC. B2 43 -A -52B C & P EXCAVATING B2 43-3-D BANK OF FREDERICK COUNTY B2 , 43-3-D1 HOLTZMAN FAMILY, LTD. B2 54 -A -99E DEV. CO. OF AMERICA B2 54 -A -99F DEV. CO. OF AMERICA B2 64 -A -1A* MARK GUTHRIE B2 64 -A -1C JAMES ELLLS B2 64 -A -ID INTERSTATE PROPERTIES B2 64 -A -IE CRACKER BARRELL B2 6¢A-107 APPLE BLOSSON PROPERTY B2 64-A-I07A BECK COMPANY B2 64-3-A SUNSET MEMORIAL, INC- B2 75-A-10 ENGLE PROPERTIES B2 75 .A -10A WINCIMSTER-81 LLC B3 85-A-146 HARRY STRvIPSON 132 a5 -A-147' HARRY STLy1PSON B2 85-A-143 SCULLY LTD. B1/132 85 -A -148A ALLEN FOOD SERVICE B1 85 -A -148C STEPHENS CITY MOTEL B2 85-A-149 MCDONALDS CORP. B2 8.5 -A -149C FRANK WELCH B1 91-A-56 ROBERT SN= B2 91-2-A THOMAS GLASS B2 91-2-B THOMAS GLASS B2 Guthrie parcel was not MCnnunended for inclusion by the Planning Commission. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 5401678-0682 August 4, 1998 Mr. Steve Gyurism 200 North Cameron Street Winchester, VA 22601 RE: Zoning Classification of Parcel # 33-A.-91 Dear Steve: The Official Frederick County Zoning Map indicates that the above referenced parcel, currently owned by Manuel DeHaven, is zoned both M2 (Industrial General District) and RA (Rural Area) Therefore, the property contains split zoning. It appears as though the zoning district boundary is located approximately in line with the extended centerline of Route 669, Woodbine Road. I have attached a copy of the zoning map for your information. It is my understanding that this parcel may be considered for a truck stop operation. It should be noted that truck stops are classified in Standard Industrial Classification (SIC) Major Group 55, Subgroup 5541. Uses classified by SIC Major Group 55 are not permitted within the M2 zoning district. Please contact me if you have any questions regarding this letter. Sincerely, Michael T. Ruddy Planner 11 107 North Kent Street e Winchester, Virginia 22601-5000 i � 2�a �iy.-+ .is;➢t -' s `t,�,y� �:sn W��L ���d�V 0.1.11. .��x_..��'�.�:... �-. T s 4! Iffi}�➢rovemene scud S. ` e r # Iqo' i "4`� a"• a1.` M�l� Pih ' "� a Y iii 5 PROJECT NUMBER: 0081 -968 -Fl! �'" FREDERICK COUNTY � K ,:t �g � STRUCTURE NUMBER: s�ii n'Y �jFlr_ i 1'} < WtDEN F8/TO (NSlDE7 YES WIDEN 1-81 TO MTSIDE1 REBUILD BRIDu^E VERTICAL CIiAHANCE GS -1 EXCEPTIONS REOD7 . -3s - �r .,,..>i• � 'a3 •• s� t d �' • d. t+3lia`l. 3 .: "w N4 t" a ` w, , r .A Al REOX/ jITTc32�3+9 wm - _• C . .- '�' � ?. <it++r -n ... ,.. ® fid. �i►iSG= .�"er;+ et�....uS•� II; -+ - _+��f�.�[t'S�8"'"_1aPT- W i, •{ f Y �. fl-,- L J 1jF•`P• a.er.MM .cam � F '��''` �.g.'�'.'��=+�_ �t�-'•� �f�iu�, s. < t ,x.r.��1e��` �fri �`a3�,�''0�,;-- � - 3 �f� �, •�" 'A�'"'�'�� � jr - ""r`�s•q 'r-% �.�•�. j(F �w "....4.�wr+.c,n;�� �.�j •'�-�'`l,i�--�,�-'`': .� .,..i � ...nts.,,ti'.� .i: ,�... r T-':. � -_ s �,:�!".�fr,��'?f . •,S�'+r 3RY�13�s'i»i�'� 'V?4ita£7: -..� �� �" t...',r - •_, e} nye '.v!b�S.� ' e gyp$ -��_ . .� � i •.�� � �r .+�y•n1,✓.k .,.. 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T �j�,�'@ r. ,:,,..• . at ,rT� �'�+� �K ,� Ki _ "' � t a'M`. ` "a�IM.iJ'si, ` r._ `��.`�,,,."'""..s�.�Y�� ms's rR ,• ,.: yj_ , ^��tr �y T�-�-t �w.4 , � :. - '"�1' s 4A' � s"'�,t�' '�4.4j � �Y ""?S� 3 .� � �.s'SZ-- �•'� t� . 'a'_ s+ -� -a^e... � :si 1 •. {+¢ti . 3� �x�'� ,�'*?�" � ! �:: �F-� �'.trss. „tM� ,>�.3r. ��Rp'' aA .�,r.�+.•.nxc.� •�"Y+ r...�t ��i �9 �,v ,r �: Proposed Mainline k r : Proposed Interchange Suet N 'rim YT* Department of Transportation Widening *� �"' Improvements `' Proposed Proposed Structure Other PotentialL'� SCAT 1 2500mEm 34 r A ' Work Y• a,. Improvements 8asln �. Exlstlrg R/W, L/A Ur ------- Existing L/A Une 0 0 m 100 m � j NET91C 1 Proposed RAII, L/A Une Proposed L/A Une I COMMONWEALTH ®f VIRGINIA D£P.4RT.IIE.VT 0F,17:V[.7R0:V,IfEIVT4L 0UALITY Vallee Regional Office James S. Gilmore. III J7,•c,et address: 4411 Earl} Road, Harrisonburg. Virginia 2801 Governor .ilaiiin.E� nr.'dress: P.O. Bax 1129. Harrisonburg. VA 2801-1129 Tei,.—'hone (=10) 574-7800 Fax (540) 571-7878 John Paul Woodley, Jr. http:. www.deq.state.va.us Secretary of Natural Resources !•latch is, 1999 Mr. T. Pat Manning President Arogas, Inc. P. 0. Box 580 St. Peters, Mo 63376 Re: VPDES Permit No. VA0090191 Arogas Truck Stop Dear Mr. Manning: Dennis H. Treace Director R. Bradley Chewning, P. E. Valley Regional Director Your application has been reviewed and appears to be complete. Your permit application fee has been received and deposited. The next steps involve assembling the information necessary to develop the permit limitations and then drafting the permit. Once the draft permit is prepared and the appropriate reviews are performed, I will transmit the draft permit and supporting documentation to you for review. I expect to have this draft ---permit _package toi you__within__the - nexttwo Lo- three months. The Department of Environmental Quality strives to complete the permitting process in a timely manner. If you have any zlesticns a:out our procedures or the status of your draft permit, please do not hesitate to contact us. Sincerely, JCS K G ✓G(yt � lll����__ Janardan R. Pandey, P.E. Environmental Engineer Senior CC: File C. Earl Sutherland - Gilbert W. Clifford & Associates VII. SIC CODES (4-digir, in order of prinrirv) A. FIRST 7 4 5(specify/ � Treatment of Sanitary Sewage C. THIRD (specify) NA • (Specllyl (specify) 7 7__i NA •. ,s ,• NA VI11. OPERATOR INFORMATION A. NAME e 8 Aro as, Inc. C. STATUS OF OPERATOR (Enter the approprfare letter into the answer box: if "Other", Specify.) = FEDERAL M - PUBLIC (ocher than federal or state) (specify) S - STATE O -OTHER (specify) P P =PRIVATE " E. STREET OR P.O. BOX P.0 F. CITY OR TOWN $ St. Peters ,f t• X. EXISTING ENVIRONMENTAL PERMITS A. mpo£s (Discharges to Surface Water) L, I n . u1C (underground Injection of C. RCRA D. FOURTH B. Is the name Iii Item VIII -A al owner? ® YES 0 a 56 p. PHONE (area Code & nO.) 314 947 0255 r..STATE H. zip COOK iX. INDIAN LAND Is the facilitY located on In[lian tands? MO 63376 El YES N O sz .e at as n - )t D. PSO (Air Emissions from Proposed Sources) E. OTHER (SpeCifyi r ,(specify) A' 4 E. OTHER (SpeCify) ,5 I to 117 1 - XI. MAP Attach to this application a topographic map of the area extending to at least one mile beyond property boundaries. The map must sho the outline of the facility, the location of each of its existing and proposed intake and discharge structures, each of its hazardous was treatment, storage, or disposal facilities, and each well where it injects fluids underground. Include all springs, rivers and other surfa water bodies in the map area. See instructions for precise requirements. - - XII. NATURE OF-HUSINESS (provide a brief description Interstate truck stop and restaurant. XIII. CERTIFICATION (se,sinatnrclyonsl / certify under penalty of law that / have personally examined and am familiar with the information submitted in Misapplication and attachments and that, based on my inquiry of those persons immediately responsible for obtaining the information conts 'in application, 1 believe that the information is true, accurate and complete. l am aware that there are significant penalties for . mitr false information, including the possibility of fine and imprisonment A. NAME & OFFICIAL TITLE (rype Or print) H. SIGNATURE C. DATE SIGNER T. Pat Manning, President COMMENTS FOR OFFICIAL USE ONILL - �TTTiTi O.. Cel l l —•1�� f ' ' r _�� .- . 63 /f 1rr /.r+; I Yri tiL `. \ `t 04 4b BM- 648 MTERCHANGE`'3 est {/ -. - f AR,OGS. f` PROP TY Ditlican ti DISCHARGE 001 0 Vona ,_- - _ _ _ • Latitude 39017,110 • r'' .' Longitude 78° 05,08 , . n.- 40 • ' `f { `'•._.- ' - - � �--✓598 -- g 626 • f7 ' '--- From U. S. G. S. , Ini000d"Quadrangle ~•Seale 1" =1000' WCATION MAP AR®GAS, INC. Revision 1.0 PROPOSED TREATED WASTEWATER DISCHARGE December, 1998 ease rvDe c' Drint in the unshaaec areas only 1 Fo'r' !"! �� ��°� �ecilities Which Do Not Discharge ► . oeess Wastewater NPDES fl� Receiving Waters For this outfall, list the latitude and longitude, and name of the receiving water(s). Outfall Receiving Water (name) titude LongitudeNumber (list) ]:�D:e7gTmln Sec Deg Min Set p01 139 1 1 l iuin discharging) erthe date you expect I. Discharge Date (!(anew discharg, to beg 9 91 October 1999, III. Type of Wade tating the general type(s) of wastes discharged. Other Nonprocess A. Check the bozjesl indi Sanitary Wastes ID Restaurant o< Cathem ere -Watt s ❑ Noncprnsct Cppli Water ❑ Wastewater tldenri ) g, If any cooling water additives are used, list them hare. Briefly describe their composition if this information is avatlab e. NA EPA Form 3510-2E f9 -B51 below, unless waived by the permitting IV. Effluent Characteristics parameters for the p listed in the left-hand column A- Existing Sources — Provide measurements authority (see instructions). listed in the left-hand column below, (see unless waived byte permitting instructionsJ. taken, provide the source of estimated values B. New Dischargers —Provide estimates for the parameters authority. Instead of the number o ! measurements (3) tor) (�! (r1(2e Dail Averag Y Number of Source of Maximum Value (lest bear)Ta(ifne• MeasurementsnEstimate Pollutant or ily Value Da Parameter (include unirs) (include units) Taken (last year) dischar, Mass Concentration Mass (Oncernttmrort 4 Biocnem�calOzYGe^ 15 mg/1 2#/d 1(7 mg/1 NA Demand (BOD) 3#/d 4 Suspended Solids (r55) Total Sus30 m9/1 1Q#/d 4#/d. 20 m9/1 NA 1 I Fecal Coldormlit believed it I 400/dl NA 200/dl NA 4 presenr or it sanitary waste NA 4 discharged! XD NA _ .Total Residual Chlorin( _ __ ._ ND _.__._ 0 - _ 0 chlorine is used! NA 4 1 Ing/1 0 < 1 Mg/1 Oil and Grease 0. 3 #/d NA NA NA � ,Chemical oxygen demand NA NA fcoo) NA NA NA *Total organic carbon (TOC) NA NA NA 2. 0 M9/1 0.1 #/d 0.5 mg/1 NA 4 Amonia Ns N) 0.7 #/d m 4 . Value 0.025 MGD NA ischargePlow 0.040 MGD NA 4 Value 8.0 H (vire range) 6.5 4 10 0C NA emperature (Yllinter) 15 aC 15 ec NA emperature !summer! 20 "C •,< „ ,,.,..M cnolina water is discharged Page 1 0 EPA Form 3510-2E f9 -B51 CxCep: for leaks or spills. will the ca narge oescrt,—j In to s form be mtermment or seasonal:' s No H yes. briefly describe the frequency Of flow and d L ion. NA 'treatment System (Describe briefly any treatment system(sJ used or to be us Grease Trap(s) Coarse Screening Biological Stabilization (Extended Aeration) Clarification Equalization Rapid Sand Filtration Disinfection (Chlorination/Dechlorination) Effluent Aeration ----------------- Aerobic Sludge Stabilization 1. Other Information (Optional) Use the space below to expand upon any of the above questions or to bring to the attention of the reviewer any other information you feel should be considered in establishing permit limitations. Attach additional sheets, if necessary. NA ill. Certification I certify under penalt y of low that this document end all attachments were prepared under my direction or supervision in accordance with a system designedta assure that qualified personnel properlygather and evaluate the information submitted Based an my inquiry of the y msonr oman&gejhes)wrm. or those persmn drrra1yrrspansiblefar gathering the information, the information submitted is to the best of my *now/edge andbelief, true, accurate. andcomplete. lam aware that there are significantpenalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. 8. Phone No. (area code Uame & Official Title & no.) T. Pat Manning, President, Arogas, Inc. (314) 947-0255 D. Date Signed Signature Page 2 of 2 EPA Form 3510-2E (9.66) Influent Manhole Bar taw Screen Vastewater ' 7rease trap Pstream) t 1 Waste Sludge (to aerobic digester) Return Sludge (to aeration unit) Biological Aeration (including Nitrification) 30 hrs detention time 1 (To Influent Piping) 11 TREATMENT OBJECTIVES CBOD less than 10 mg/I Ammonia Nitrogen less than 0.5 mg/I Disinfection (no chlorine residual) — gilbert w. Clifford & associates, Inc. Sludge Flow Measuring Flume Aldift Clarification Mudwell two backwashes storage capacity Filter Backwash ` (To Mudwe!!) aA— Backwas h r'. s trrn Ballast Tank 8 hrs detention capacity Backwash = e Waste Stu HOC! NAS 1 ', A Treated Wastewat (©t)1) To Duncan Run Clearwell Disinfection two backwashes storage capacity (Includes effluent aeration) Aerobic Digester 60 days SRT AROGAS, INC. Wastewater Treatment Facilities Treat :nt Process Schematic supernatant (To Aeration Tank) Digested Sludge (to a POTW for ultimate disposal) Rev. 1.0 REZONING REQUEST PROFFER Property Identification Number 33-((A))-91, 33A -((A))-12, 33A -((A))-15 Stonewall Magisterial District Preliminary Matters Pursuant to Section 15.2-2296, of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 10 -99 for the rezoning of 9.5 acres from Industrial General (M2) and .80 acres Rural Area (RA) to Industrial Transition (133) and Interstate Overlay (IA) zoning district. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Proposed Use The undersigned hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.3 acres, lying along U.S. Route 11, Martinsburg Pike in the Stonewall Magisterial district of Frederick County, Virginia from zoning district category M2 and RA to B3 and IA, the undersigned or assigns will use the property for a truck stop and related activities (motor fuel facility with convenience, restaurant, and maintenance facility). Transportation Planning Improvements The undersigned hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.3 acres, lying along US Route 11, Martinsburg Pike in the Stonewall Magisterial District of Frederick County, Virginia from zoning district category M2 and RA to B3 and IA, the undersigned will provide; INTERSTATE 81 1. The construction of a right turn lane on the northbound exit ramp to -- Va. Secondary Route 669 will be provided if required by t'DOT. 2. A traffic impact study will be conducted using VDOT procedures for the development proposed at the time of site development plan review. Improvements to the northbound exit ramp to Va. Secondary Route 669 will be constructed as required by VDOT regulations for the predicted traffic impacts based upon the specific proposed use. VIRGINIA SECONDARY ROUTE 669 !' ` 3. The construction of turn lanes and /or additional travel on VA. Secondary Route 669 (Woodbine Road) from I-81 to U.S. Route 11 will be provided by the if required by VDOT. 4_ A traffic impact study will be conducted using VDOT procedures for the development proposed at the time of site development plan review. Improvements to VA Secondary Route 669 from I-81 to U -S_ Route 11 will be constructed as required by VDOT regulations for the predicted traffic impacts based upon the specific proposed use. REZONING REQUEST PROFFER Properly Identification Number 33-((A))-91, 33A -((A))-12, 33A -((A))-15 Stonewall Magisterial District Page 2 Transportation Planning Improvements (continued.) U.S. ROUTE 11 5. The construction of turn lanes and /or additional travel lanes along US Route 11, Martinsburg Pike will be provided if required by VDOT. 6. A traffic impact study will be conducted using VDOT procedures for the development proposed at the time of site development plan review. Improvements to US Route 11, Martinsburg Pike and the design improvements for the site will be constructed by the undersigned as required by VDOT regulations for the predicted traffic impacts based upon the specific proposed use. TRAFFIC SIGNILIZATION 7. The undersigned will enter into a traffic signalization agreement if required by VDOT. 8. A traffic impact study will be conducted using VDOT procedures for the development proposed at the time of site development plan review. The undersigned will participate in the installation of traffic signalization improvements at the intersection US Route 11, Martinsburg Pike and VA Secondary Route 669, Woodbine Road; and, at the intersection of the northbound exit ramp of I-81 and VA Secondary Route 669, Woodbine Road as required by VDOT regulations for the predicted traffic impacts based upon the specific proposed use. I-81 Widening The undersigned hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.3 acres, lying along US Route 11, Martinsburg Pike in the Stonewall Magisterial District of Frederick County, Virginia from zoning district category M2 and RA to B3 and IAA The undersigned will not constructanystructures-(except signs) _on.the.portion-of the property _-identified _by VDOT in the Interstate 81 Improvement Study, Study .Area #10, Final Report, dated November 1998.for future expansion of I-81. Ruff'erin, Screening and Landscaping The undersigned hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 10.3 acres, lying along U.S. Route 11, Martinsburg Pike in the Stonewall Magisterial District of Frederick County, Virginia from zoning district category M2 and RA to B3 and IA, the undersigned or assigns will provide the following buffering, screening and landscaping features: 1. A twenty foot (20') buffering distance strip shall be established along U.S. Route 11, Martinsburg Pike for landscaping and screening. 2. A six foot (6') high visual screen consisting of a concrete wall with an architectural cap along U.S. Route 11, Martinsburg Pike. 3. Landscaping consistent with Section 165-37, B.(1) of the Frederick County Zoning Ordinance along U.S. Route 11, Martinsburg Pike. REZONING REQUEST PROFFER Property Identification Number 33-((A))-91, 33A -((A))-12, 33A -((A))-15 Stonewall Magisterial District Page 3 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions; the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PRC g By: Q Date: CHI Y:- gitII D .3- F S- 9 C jr- r 5- �?.7 STATE OF VIRGIN A, AT LARGE FREDERICK COUNTY, To -wit: The forego g instrument was 1999, by. My Col Notary ,d4 8 L Pd ,�.VptTiv�iJ/�L�C��Nip. �� LP�VI�R PVL D ' � t p�BuiA�'F�f���p1YV�{dp6,gL1�tA}� a 4 L"YPiVItY 4,13 LYN04 rOM ay LElasi.N � � Idwreawft WV ac" W TMg ,wt+v'Rwuewwvas•a.�/��: day -�o�f STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me on this 1999, by _ My Commission expires Notary Public day of Wel-) REZONING REQUEST PROFFER Property Identification Number 33-((A))-91, 33A -((A))-12, 33A -((A))-15 Stonewall Magisterial District Page 3 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions; the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER(S) 71 By: Date: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: i /1 The foregoing instrument was acknowledged before me on this _ day of 1999, by - My Commission expires .. f Notary Public STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me on this 1999, by My Commission expires day of ZONING LEGEND H AREA TO BE REZONED TO B-3 (10.3 Acres) ® EXISTING RA ZONED AREA (0.8263 Acres) 0 EXISTING M-2 ZONED AREA (9.4382 Acres) NOTES I. TITLE COMWTM RT FURNISHED BY OLD REPUBLIC TITLE INSURANCE COMPANY APPLICATION NO. 98/21 (EFFECTIVE DATE AUCLST 4, 1998 AT 12'30 P.M), 2 HORIZONTAL DATA IS ORIENTED TO NATIONAL GEODETIC SURVEY NAD 83 (1986) AND VERTICAL DATA IS ORIENTED TO NAVD 88 BASED ON U.S COAST AND GEODETIC SURVEY MONUMENT STAMPED 338 1957 WITH AN ELEVATION OF 637.23 FEET. AERIAL CONTROL WAS ESTABLISHED BY GPS METHODS ON SEPTEMBER 9, 1998 AERIAL MAPPING WAS COMPILED BY WINGS AERIAL MAPPING COMPANY, INC FROM AERIAL PHOTOGRANNETRY DATED 1997. 3. EXCEPTIONS OUTLINED IN SCHEME B - SECTION I OF THE ABOVE SAID TILE COMMITMENT ARE AS FOLLOWS: A RIGHTS OF WAY TO NORTHERN VIRGINIA POWER COMPANY AS RECORDED N D® BOOK 183 AT PAGE 431, DEED BOO( 163 AT PACE 414, DEED BOOK 196 AT PAGE 34 AND DEED BOOK 164 AT PAGE 222 ARE BLANKET EASEMENTS WITH AMEII000IUS DESCRIBED LOCAIIOHS AND MOORE CANNOT BE PLOTTED. 4. ACCORDING TO U.S. DEPARTMENT OF HOUSING AND URBAN DEIELOPMENT NATIONAL ROOD INSURANCE PROGRAM FLOOD INSURANCE RATE MAP CO►MINITY PANEL NUMBER 510063 DD75 B (PAGE= 75 OF 200 EFFECTIVE DATE JUNE 17, 1978) A PORTION OF THE PROPERTY LYING ALONG BOTH SIDES OF DUNCAN RUN LES WITHIN AN AREA DESIGNATED AS ZONE A WHICH IS AN AREA OF 100 -YEAR ROOD AND THE REMAIAER OF THE PROPERTY LIES WITHIN AN AREA DESIGNATED AS ZONE C WHICH IS AN AREA OF MRIMAL FLOODING LOCATION OF THE 100 -YEAR FLOG) LINE WAS SCALED FROM THE ABOVE SAID FLOOD INSURANCE RATE NAP. DUNCAN RUN WAS A DRY STREAM BED AT THE THE OF THIS SURVEY. SURVEYOR'S CERTIFICATE TO: AROGAS. INC.- OLD REPUBLIC TITLE INSURANCE COMPANY AN ALL OTTER PARTIES INTERIM IN TITLE TO PREMISES SURVEYED: THIS IS TO CERTIFY THAT THIS PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE N ACCORDANCE WITH 1INRIUM DETAIL REQUIREMENTS FOR ALTA/ACSM LAND TITLE SURVEYS" JOINTLY ESTABLISHED AND ADOPTED BY ALTA/ACSM IN 1992 AND INCLUDES ITEMS 1, 2 3, 4, 5, 8, 10, 11 AND 13 OF TABLE A THEREOF AND PURSUANT TO THE ACCURACY STANDARDS (AS ADOPTED BY ALTA AND ACSM AND IN EFFECT ON THE DATE OF THIS CERTIFICATION) OF AN URBAN SURVEY. DATED: DOUGLAS C. LEGGE. L.S. VA. REGISTRATION NO. 001197 p LTH Op U MIGLA5 C u0m Nn OM197 GRAPHIC SCALE ( TR 'm I I 1-h - TED FL Centaur intend - 1 HL IRF -IRON ROD FOUND IRS -IRON ROD SET EXISTING CONTOUR EXISTING SPOT ELEVATION —�� UTILITY POLE WITH OVERHEAD WIRES TREE OR WOODS UNE DELTA RAD. TAN. �111.�7 C1 1'42' 5 9.60 .46 52178'40'WC2 IZ9 576 .60 S16'32'46'W 9 PG1N14 1 CE z s�o aiSs 3� spa MALI_ UV V SCALE: 1"-100' RAWM Slh Ern EET I of TO: FROM: SUBJECT DATE: ,COUIN TY f FR EDERIUX 5401665-5551 FAX: 540/673-0632 MEMORANDUM Planning Commission Eric R. Lawrence, Zoning Administratorll---- Public Meeting: Request to Waive the Buffer and Screening Requirements of the Zoning Ordinance April 20, 1999 Staff has received a request from Mr. Tim Youmans, on behalf of the Kernstown United Methodist Church, to allow for a reduction of the required zoning district buffers that are applicable to this site. This request is necessary for the church to expand its parking facility and construct a picnic shelter. The Planning Commission may waive any or all of the requirements for the zoning district buffers on a particular site plan when all uses shown on the site plan are allowed in the zoning district in which the development is occurring and in the adjoining zoning district [§ 165-37.1)(5)]. The site under consideration is zoned M2 (Industrial General), and the existing church is a legally - nonconforming use (Property Identification Number 63-A-96). The site is currently adjoined by Route 11 to the west, Gabler property to the south and east (zoned M2/heavy truck traffic), and Racey property to the north (zoned 132/insurance office). The area which would be affected by the waiver request is between the Racey property (132) and the church. Currently, the Zoning Ordinance requires the installation of a `Category B' buffer, full screen. This would establish a 25 -foot inactive, and a 25 -foot active buffer. Within the inactive portion, a six-foot berm or board -on -board fence and three plantings per 10 linear feet should be installed. The church requests that the Planning Commission waive the following: 1. Waive part of the 25 -foot inactive buffer to permit installing a 12 -foot wide asphalt, one-way driveway situated 10 feet from the zoning boundary. 2. Waive part of the 25 -foot active buffer to permit the construction of a picnic shelter/porte- cochere no closer than 27.5 feet from the zoning boundary. 3. Waive the screening requirement placement, allowing for the screening to be relocated to screen the Gabler property. This would be more beneficial as the Gabler site is primarily utilized by tractor trailers, and is slated to be reconfigured as a distribution facility. The Racey property is an office, and the church utilizes the parking facility. 1,01 North,Kent Strpet + Winchester, Virginia 22:601-5000 Kernstown UMC Waiver Request Page 2 April 20, 1999 This waiver request is further supported by the nature of the adjoining uses. Based on zoning requirements, the church is required to buffer itself from the insurance office, but not from the tractor trailer facility. It would make more sense to protect the church from tractor trailer traffic, than to protect the insurance office from a church. Due to the unusual circumstances associated with this property and the adjoining properties, staff would support the request as discussed above. This request waiver is at the discretion of the Planning Commission. Staff is available to further discuss this request. ERL/cc Attachment U:\Eric\Common\99letter\Kemstow Church.BufPerWgiver April 15, 1999 Mr. Eric Lawrence, Zoning Administrator Frederick County Planning & Development 107 N. Kent St Winchester, Virginia 22601 SUBJECT: KERNSTOWN UNITED METHODIST CHURCH BUFFER WAIVER REQUEST 3239 VALLEY PIKE Dear Eric: On behalf of Kernstown United Methodist Church (KUMC), please accept this letter as a formal request for Planning Commission action on partial waivers of Zoning District Buffers per Section 165- 37 D.(5) of the Zoning Ordinance. These waivers are needed to permit needed expansion of the church's off-street parking lot and construction of a picnic shelter which will also function as a porte- cochere near the north narthex entrance to the church. The zone interface invoking the buffer requirement is the common boundary situated along the rear property line of the Nationwide Insurance office at 3223 Valley Pike which is zoned B-2 and the church's northern rear lawn area at 3239 Valley Pike which has been determined to be M-2. The rear area of the insurance office site is an undefined gravel parking lot with some grass and concrete. As depicted on the attached site plan prepared by Greenway Engineering, the church is requesting the following partial waiver requests: 1. Waive part of the 25 -foot inactive buffer to permit installing a 12' wide asphalt one-way driveway situated 10 feet from the zone boundary. 2. Waive part of the 50 -foot active buffer to permit a picnic shelter/porte-cochere no closer than 27.5 feet from the zone boundary. The Church has an agreement with the insurance office to permit parking on their site on Sundays. Also, the existing church building and parking lot are already much closer to the insurance office site along the other zone interface (south boundary of the insurance lot) as per the approved 1978 site plan. The Church would prefer to keep the picnic shelter as far away from the M-2 zoned Gabler property to the north and east where a site plan for a large warehouse/trucking facility is proposed. As you can see from the site plan, the Church will be making substantial improvements to the southern Valley Avenue entrance that is shared with Gabler. This will include safer, more attractively landscaped parking and driveway design along the public street frontage. I will be available at the Commission to explain the request and answer any questions that may come up. Thank you for your help in processing this request. Since y: Tim oum KUMC Long-ra ige Planning Committee member Attachment FA`: id E 4 0,8, 69 6 hip P, I 7 F -111 To','iff OF X 1SC 11 TOY �,I OF STEPHEMS Cm, P.O. BOX 250 STEPHZMS MY, VA 22835.10260 (540) 09-3087 ) (540) 809.308io A-Dffl 23, 1999 hil-, Cbras ,11mloY Fndenck County PI ming Director1107 N, Kent Winchester, Virginia 220601-5000 - - - Dea- Chri��: The Town of Stephens City has bem ftviewing- its zoning- ordinance foo &xe pmt yeav, On May 5'h a public hearing will be held with the Town's Planning Com -mission and Town Council. Ona reqijiremvrit is that th-- Frtder-ck- County Plasming Cotmnission be notified about thc- heating. I havf� attachcd a QoTy of the public heving notice so that it can be distribmd and if possiblQ past fd at tlb-e, co,-Lmty office. Would you pleasesec that this is don(--. michacl Kchoe Zoning Administratur 0 4 - PtA TOWN OF SC b 1, A APR -I -99 FRI I F "' X TI 0. 540 Rj 639 6 16 6 P, 2 Citizens of the -Town of Stephens City and other interested -Darties are invited to attend a Joint Public Hearing of thQ Planning Commission and Town Council at 7.,,30 p.m. on May 5, 1999 at the Town Hall located at 1033 Locust Street, Stephens City, Virginia. Persons may appear and present their views and provide input regarding the comprehensive rezoning re-classification and re -districting of the Town, in, a revised zoning ordinance. All property owners in the Town will be effect -ed either by boundary or text amendments. A copy of the ordinance and proposed zoning district rnap is available for public inspection at the Town Office durina regular office hours.