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01-24 Comments - revised Mr. Cheran, A VDOT Review of the proposed Rezoning for Singh Trans, Inc. has been completed. The application is proposing to rezone Parcels identified as TM # 86-A-174, 86-A-175 and 86-A-176 from RA, Rural Area to M-1, Light Industrial. We offer the following comments: • Proffer # 2.1 states: “The owner shall dedicate additional right-of-way to VDOT along Fairfax Pike as necessary to conduct future road improvements for the Fairfax Pike-Route 277 Corridor. Said right-of-way shall be dedicated within 90 days of receiving written notice from VDOT.” Consideration should be given to defining the roadway improvements and dedication of the right -of-way at the time of site plan, instead of within 90 days of receiving written notice from VDOT. • The application references a proposed use of a 11,300 sf transportation truck maintenance and repair shop. However, the applicant has not proffered out other uses allowed by-right in M-1 zoning district. With no restrictions proposed on the use, the highest and best use of M-1 zoning will be used for traffic generation assumptions on these parcels. • The impact analysis states: “The proposed use will not have any measurable impact on the external road network serving the subject property. There are 31 proposed parking spaces available for tractor trailer parking while in the service queue, which would not increase the current tractor trailer truck traffic currently on Fairfax Pike (U.S. Route 277).” A repair facility will likely generate truck trips that would not otherwise be on Route 277. Therefore, this statement is not factually correct. We appreciate the opportunity to review and comment on this rezoning application request. If the applicant or the County has any questions or would like to discuss, please feel free to contact me. Thank you, Timothy Rhodes Land Development Engineer/ Edinburg Virginia Department of Transportation 540-534-3206 timothy.rhodes@VDOT.Virginia.gov COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us September 25, 2023 VIA E-MAIL Mr. Tyler Austin Racey Engineering 312 West Main Street Luray, Virginia 22835 Re: Rezoning Application – Singh Trans Tax Parcel Numbers 86-A-174, 86-A-175, and 86-A-176 (the “Property”) Dear Mr. Austin: You have submitted to Frederick County for review a proposed proffer statement (the “Proffer Statement”) for the proposed rezoning of the Property, 7.6± acres in the Shawnee Magisterial District, from the RA (Rural Areas) Zoning District to the M1 (Light Industrial) Zoning District, with proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments:  Parcel numbers/adjoiners – On the application form, the initial two digits of the adjoiner parcel numbers are incorrect; it shows as 87 and should be 86. The same is also true for the parcel numbers shown for the Property on the power of attorney form. With respect to the adjoiner list, the “B” should be deleted from the end of the parcel number for the Carlson parcel. As well, it may be prudent to add parcel numbers 86-A-179A (also owned by Carlson) and 86-A-180, both being diagonally across Fairfax Pike from the Property, to the adjoiner list.  Introductory paragraph - The paragraph contains an erroneous reference to B2 zoning. As well, there is an extraneous period near the end of the first sentence.  Proffer 1.1 – Staff should be aware that, relative to the impact analysis, other than the restriction on sale, rental, and storage of commercial trucks and trailers, the Proffer Statement does not otherwise exclude any specific uses. Also, I note that the applicant Mr. Tyler Austin September 25, 2023 Page 2 has tendered a concept plan document but has not proffered that as a generalized development plan.  Proffer 2.1 – To avoid any ambiguity, it may be best to specify any limits of the extent of the right-of-way dedication. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincerely, Roderick B. Williams County Attorney cc: John Bishop, Assistant Director of Planning & Development, Frederick County (via e- mail) Tyler Klein, Senior Planner, Frederick County (via email) 315 Tasker Road PH (540) 868-1061 Eric R. Lawrence Stephens City, Virginia 22655 Fax (540) 868-1429 Executive Director www.FrederickWater.com Water At Your Service September 8, 2023 Tyler Austin Racey Engineering 312 West Main Street Luray, Virginia 22835 RE: Rezoning Application Comment Singh Trans, Inc Light Industrial Development Tax Map Numbers: 86-A-174, 175, and 176 7.60+- acres Dear Mr. Austin: Thank you for the opportunity to offer review comments on the Singh Trans Inc. industrial rezoning application package, dated August 11, 2023, and received at Frederick Water on August 25, 2023. Frederick Water offers comments limited to the anticipated impact/effect upon Frederick Water’s public water and sanitary sewer system and the demands thereon. The project parcels are located within the sewer and water service area (SWSA), and therefore by county policy, Frederick Water’s water and sewer services are available. The application’s Impact Statement and proffers are silent on the projected quantities of water and sewer generation from the proposed land use, so Frederick Water is unable to confirm is available capacities are available to meet the project’s projected demands. It is also not clear if a land use is proffered or if the wide variety of land uses in the M1 District would be allowed. Water service is available via existing 12-inch water main located on the south side of Route 277, opposite side of the road from the subject property. Service could be extended under Route 277 utilizing a jack and bore. Sanitary sewer service is not presently available in the immediate vicinity. The closest sanitary sewer tie-in point is approximately 3,000-ft away, near the intersection of Routes 277 and 636. Page 2 Singh Trans Inc. industrial rezoning application Tyler Austin September 8, 2023 It would be the developer’s responsibility to extend the sewer service if the site intended to utilize the public sanitary sewer service. The rezoning application package clearly intends to not pursue public sewer but proposes to utilize private on-site waste disposal. Frederick Water has not been in discussion with the applicant regarding this private on-site sewer disposal approach and will defer to the County and the Health Department on the appropriateness of utilizing private on-site sewer disposal. Water and sanitary sewers are to be constructed in accordance with Frederick Water standards and specifications. Easements will be required to accommodate infrastructure that is dedicated to Frederick Water. Please be aware that Frederick Water is offering these review comments without the benefit or knowledge of a proffered proposed use and water and sewer demands for the site. Please keep in mind that water supplies and sanitary sewer conveyance capacities change daily; with each new customer connection bring additional demands and generated flows. Upgrades to the sanitary sewer system will be necessary for the project to connect and contribute to the system. This letter does not guarantee system capacities to accommodate your development proposal. Thank you for the opportunity to offer review comments. Sincerely, Eric R. Lawrence Executive Director Cc: Singh Trans, Inc., 15169 Sky Valley Drive, Haymarket, VA 20169