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HomeMy WebLinkAbout16-01 Clariant Corporation - Shawnee - Backfile (2)A f Y BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date; l File opened Reference Manual updated/number assigned D-base updated One B&W location map requested from GIS Two sets of labels requested from Data Processing .G•f� 0 File given to Renee' to update Application Action Summary per/ MEETING DATE: r% i e d I FINAL ACTIONP-k P P H CLOSE OUT FILE; Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn" c/ Reference Manual updated Z D-base updated g, d 3.0 f File given to Renee' for final update to Application Action Summary Q,V-� UACarol\Common\TRACKING.BZA Revised 05/25/01 CASA Date olol._. 0 2 2 7 8 r Received From Address ` t 1 1,24 16 7 aw Y J �W" a''_4.a J 01 s W !`�(� For 1 CA tV� �Y Z 3 • • AMT.OF ACCOUNT CASH W I!1 � AMT. PAID CHEC By BALANCE MONEY i a DUE ORDER �� Monday, January 14, 2002 11:23 AM Frederick County Planning 665.6395 p.01 FILE COPY COUN'I'V of I:RIEDERWK Department of Planning and Development 540/665.5651 FAX! 540/ 665-6395 July 5, 2001 Mr. Ronald Mislowsky Gilbert W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Review Connnents, Clariant Two Proposed Mechanical Equipment Pads and all Expansion of an Existing Pad Site Development Plan H26-01 Property Identification Number 64-9-2 Dear Mr. Mislowsky: Thank you for the recent submission of the above -referenced site plan. I have reviewed the site plan, and there are a few details of the plan that I would like for you to address in a revision. To assist you, I am enclosing a red -lined copy of the site plan in order to i llustrate the concerns of staff. Please note the following comments: 4. Review Comments Plcasc provide a location map. The setbacks of the two proposed mechanical equipment pads are 65 feet and 68 feet from the front properly line. The minimum front setback fora structure in the M-1 Zoning District is 75 feel. The owner wiIf not be able to build these two structures in the proposed location. Please provide all landscaping calculations, perimeter and interior. Staff calculates that the perimeter of the parking area is 326 feet. New plantings may not be required for this project; however, staff feels it is appropriate to establish the required number of,trees on this site plan. Please provide the location of all proposed lighting. If no such lighting is proposed, please provide a statement to that effect. Staff has received several complaints in the past concerning the very loud noise that emanates from the outdoor machinery in the rear of the building (existing machinery). Please address this matter in an appropriate fashion. Staff advises that the owner provide additional muffling of the machinery. Please also provide a statement on the site plan that sound levels at the perimeter boundary of the development shall not exceed 75 dba. 107 North Kent Street • Winchester, Virginia 22601.5000 Monday, January 14, 2002 11:23 AM Frederick County Planning 665-6395 p.02 iv}r. Ronald A. Ivlislowski, P.E. Gilbert W. Clifford & Associates, Inc. Site Development Plan H26-01 Page 2 July 5, 2001 Afler you have revised the site plan, please resubmit one copy so that I may verily the information contained on the plan. 1 will need all approved review agency comment sheets and at least five copies of the final plan for approval. Comment sheets are required from the following agencies: The Frederick County Inspections Department The Frederick Cou,rty Engineer (Public Worlrs) The Frederick County Fire Marshal The Frederick County Sanitation Authority The Virginia Department of Ti-ansportation The Airport ilrrthority Do not hesitate to contact me if you have any questions or concerns regarding this letter. Sincerely, Jeremy F. Camp Planner II JFC/ch Enclosure U Jrrca j.,Siir P/mi Rri rrudloDr!CrnnnnlAlLSPU11.OrRrrrnrl,u pd fVJ j I[ INI T�� COUN'rY of I<REDERICK. Department of Planning and Development. 540/ 665-56S ] FAX: 540/ 665-6395 July 5, 2001 Mr. Ronald Mislowsky Gilbert W. Clifford & Associates, lnc. 200 North Cameron Street Winchester, Virginia 22601 RE: Review Comments, Clariant Two Proposed Mechanical Equipment Pads and an Expansion of an Existing Pad Site Development Plan 1126-01 Property Identification Number 64-9-2 Dear Mr. Mislowsky: Thank you for the recent submission of the above -referenced site plan. I have reviewed the site plan, and there are a few details of the plan that I would like foryou to address in a revision. To assist you, I am enclosing a red -lined copy of the site plan in order to illustrate the concerns of staff. Please note the following comments: Review Comments Please provide a location map. The setbacks of the two proposed mechanical equipment pads are 65 feet and 68 feet from the front property line. The minimum front setback for a structure in the M- I Zoning District is 75 feet. The owner will not be able to build these two structures in the proposed location. 3. Please provide all landscaping calculations, perimeter and interior. Staff calculates that the perimeter of the parking area is 326 feet, New plantings may not be required for this project; however, staff feels it is appropriate to establish the required 11111riber of trees oil this site plan. 4. Please provide the location of all proposed lighting. If no such lighting is proposed, please providea, statement to that effect. Staff has received several complaints in the pas( concerning the very loud noise that emanates from the outdoor machinery in the real- of the building existing machinery). Please address this inatter in in appropriate fashion. Staff advises that the ownerprovlde additional muffling of the machinery. Please also provide a statement oil the site plan that sound levels at the perimeter boundary of the development shall not exceed 75 dba. 107 North Kent Street • Winchester, Virginia 22601-5000 Mr. Ronald A. Mislowski, P.E. Gilbert W. Clifford & Associates, Inc. Site Development Plan #26--01 Page 2 July 5, 2001 After you have revised the site plan, please resubmit one copy so that I may verify the information contained on the plan. I will need all approved review agency comment sheets and at least five copies of the final plan for approval. Comment sheets are required from the following agencies: The Frederick County Inspections Department. The Frederick Count)) Engineer (Public forks) The Frederick County Fire Marshal The Frederick County Sanitation Authorily The Virginia Department of Transportation The Aiq)or t fluthority Do not hesitate to contact me if you have any questions or concerns regarding this letter. Sincerely, Jeremy F. Camp Planner 11 JFCIch Enclosure U.Verenk%,Ore Plan Rcrieir1200lIClnrinniAlISP1122.OlRelveu•/.uy)d I . Project Title: 2. Location of Property: (Address): 3. Property Owner: Address: Telephone: 4. Applicant/Agent: Address: Telephone: 5. Designer: Address: Telephone: Contact: SITE PLAN APPLICATION Uepartmcttt of Piartming mid lhcciopmenl Ilse oah Clariant (Formerly 131 Chemical) 382 Arbor Court Winchester. VA 22602 Clariant 382 Arbor Court Winchester, VA 22602 540-665-1865 Gilbert W. Clifford & Associates, Inc. 117 E. Piccadilly Street Suite 200 Winchester. VA 22601 540-667-2139 _Gilbert W. Clifford & Associates, Inc. 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 540-667-2139 Ronald A. Mislowsky 6. Is this an original or revised site plan? 7a. Total acreage of parcel to be developed: 7b. Total acreage of parcel: 8. Property Information: a) Property Identification Number: b) Current Zoning c) Present Use: d) Proposed Use: e) Adjoining Property Use(s) 0 Adjoining Property Identification Number (s) g) Magisterial District (s) 0 Original Revised X .10 3.12 64-9-2 M-1 Industrial Industrial Industrial 64-9-1 & 64-A-80N and 159D Shawnee I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Signature c6u /(— Date a E • gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers Land Planners — Water Quality June 19, 2001 Board of Directors: Jeremy Camp President: Thom&% J O" (bole, P.E. Frederick County Planning 107 N. Kent Street Vke Presidents: Charles F. Maddox, Jr., P.E. Fart R. Sutherland P.E. Winchester, VA 22601 Ronald Al Mislowsky, P.E. [avid J. Saunders, P.E. Direeton: RE: Clariant (Formerly B.I. Chemical) Site Plan Revision William L. Wright Michael it Hammer lbornas W Pricc Dear Jeremy, I've attached a revised site plan application for the former B.I. Chemical site at the Aero Center Business Park. The new owner, Clariant, needs to relocate some ventilation equipment. Two concrete pads are to be placed along the east building wall, and the concrete pad at the rear of the building is to be expanded. The number of employees, trips generated, building size and parking and loading areas will not be affected. Two copies of the plans and the $500 minor site plan application fee are attached I have provided a copy of the application to the building inspector for comment. Please let me know if other agencies reviews will be required. Call if you have questions. Regards, gilbert w. clifford & associates, inc. �41AdAkMiUslowsky, P.E., VP cc: Doug Ways OF P1 Atirn�+r,'�F�FIOPMEN� 1 l7 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 a -mail gwclifi(gransinc.com ,1 femher American Consulting Engineers Council i r . CASH CEIPT PRecived Date �► M 002258 Addressom ACCOUNT HOW PAID I 4 SITE PLAN CHECKLIST The checklist below indicates all the information that needs to be submitted as part of the site plan application. All required information must be submitted prior to the final approval of any site plan. The Department of Planning and Development will review the application to ensure that it is complete. If any portion is not included or complete, the site plan application will not be accepted and returned to the applicant(s). Site Plan Package API . One set of approved comment sheets are required from the following review agencies prior to final site plan approval. It is recommended that applicants contact the Department of Planning and Development to determine which review agencies are relevant to their site plan application. Virginia Department of Transportation (VDOT) _ Frederick County Sanitation Authority Department of Planning and Development _ �^ Inspections Department AO, h'V _ Frederick County Engineer (Public Works) j Frederick County Fire Marshal �4� J qv/(���'` V Department of Parks and Recreation _ f ' 2. One copy of the Site Plan application 3. Five Copies of the Final Site Plan for approval 4. One reproducible copy of the Site Plan (if required) 5. A 35mm slide of the Site Plan (if required) 8 County Health Department City of Winchester Town of Stephens City Town of Middletown Airport Authority Soil & Water Conservation District Request for Street Name I SITE PLAN TRACKING SHEET Date: File opened i/ Reference Manual updated/number assigned D-base updated 6 -2,10 1 File given to Renee' to update Application Action Summary CLOSE OUT FILE: ,2 Approval (or denial) letter malled to applicant/copy made for file I File stamped "approved", "denied" or "withdrawn" Reference Manual updated z� D-base updated a6.0Z File given to Renee' for final update to Applicatlon Action Summary U.\Cuol\Commen\Sile Plan Trackinpvpd Revised 03/06/01 MEMO TO: File Information FROM: Jeremy F. Camp, Planner II DATE: June 24, 2002 RE: Approval of Minor Site Plan #26-01 Clariant, proposed concrete pads and structures Property Identification Number (PIN): 64-9-2 The above -referenced site plan was approved on June 24, 2002. The engineer's failure to provide review comments from. the Department of Inspections and the Fire Marshal was the issue which prevented previous approval of this site plan. Verbal confirmation with the Department of Building Inspections and the Fire Marshal was undertaken by staff in order to obtain the necessary comments for approval. The structures and concrete pad were constructed prior to site plan approval. The Board of Zoning appeals approved a variance for the proposed expansion in 2001. JFC U:Ucrcmy\Silc Plan Rceic+v\2001\CladantM\ApprovaiNicmo.a•pd 5P. -�-f '-w-0L oil Clariant Additive Mastcrbatches Nasterbatches Division April 19, 2002 0 332 Arbor Court Winchester, VA 22602, USA Tel: i540)665-1865 Fax: (540) 665-2917 www.clariant.masterbatclies.com Virginia Department of Environmental Quality Valley Regional Office P O Box 3000 Harrisonburg, VA 22801 Attn: Sharon G. Foley, P.E. Re: New Source Permit Enclosed is our permit. Clariant is adding one (1) used 53MM Twin Screw extruder to its existing production lines. Feel free to contact me at (540) 665-1865, ext. 108 if you have any questions. Sincerely, William Trindle Site Manager cc: Frederick County Planning Department n • 1 VIRGINIA DEPART16ENT OF ENVIRONMENTAL QUALITY - AIR PE'R14ITS LOCAL GOVERNING BODY CERTIFICATION FORM Applicant: Clariant Registration Number: 81276 Applicant's mailing address: Contact William Trindle Clariant person: 382 Arbor Court Telephone: Winchester, VA 22602 - Facility location (also attach map): 382 Arbor Court Winchester, VA 22602 i Facility type, and list of activities to be conducted: ompounding and extruding of purchased plastic resin. The applicant is in the process of compiecing an pu—u, — ---- permit from the Virginia Department of Environmental Quality. In accordance with § 10.1-1321.1. Title 10.1, Code of Virginia (1950), as amended, before such a permit application can be considered complete, the applicant must obtain a certification from the governing body of the county, city or town in which the facility is to be located that the location and operation of the facility are consistent with all applicable ordinances adopted pursuant to Chapter 22 (§§ 15.2-2200 et se .) of Title 15.2. The undersigned requests that an authorized representative of the local governing body Sign the certification below. Applicant's l Date: signature: i The undersigned certifies to the consistency of the proposed location and operation of the facility described above with all applicable local ordinances adopted pursuant to Chapter 22 (§§ 15.1-2200 et seq.) of Title 15.2. of the Conde of Virginia (1950) as amended, as follows: [E The facility is fully consistent. 0 The facility is inconsistent;_ see attached information. Signature of Date: authorized localpotde faw�-j �G�/�4�/)representative: 1 Li Type or )Ll� ! C JG✓�11�U�� Title: L-U%+Ind print name: �G�/>?)'J3)'S //-C A"' County, city or town: (RETURN SIGNED CERTIFICATION TO APPLICANT AND A COPY TO THE DEQ REGIONAL OFFICE] Page Revised July 31, 2001 xi FORM 7 V COMMONWEALTH OF VIRGINIA Department of Environmental Quality AIR PERMIT APPLICATION General information CHECK ALL FORMS THAT APPLY AND LIST ALL ATTACHED DOCUMENTS. MAP AND LOCALITIES LIST (information), Pages iil-vi CONFIDENTIAL INFORMATION, Pago w i FORMULA -BASED HAZARDOUS AIR POLLUTANT INFORMATION. Pago viil HAZARDOUS AIR POLLUTANT LIST Qnformallon), Pages Ix-x REQUEST FOR LOCAL GOVERNMENT CERTIFICATION FORM, Pages xi-xil CONTENTS AND DOCUMENT CERTIFICATION, Pogo 1 _ GENERAL INFORMATION, Page 2 _ GENERAL INFORMATION (mntinuoa), Pago FUEL -BURNING EQUIPMENT. Pago 4 _ PROCESSING, Page 5 _ INKS, COATINGS, STAINS, AND ADHESIVES. Pago 6 _ INCINERATORS, Pago 7 VOLATILE ORGANIC COMPOUNDIPETROLEUM STORAGE TANKS, Page 6 _ VOLATILE ORGANIC COMPOUNDIPETROLEUM STORAGE TANKS - CONTINUED, Page 9 LOADING RACKS AND OIL -WATER SEPARATORS, Pago 10 STACK PARAMETERS AND FUEL DATA Pago 11 AIR POLLUTION CONTROL AND MONITORING EQUIPMENT, PAGE 12 AIR POLLUTION CONTROUSUPPLEMENTAL INFORMATION, PAGE 17 CRITERIA POLLUTANT EMISSIONS, Pago 14 _ TOXIC OR HAP OR OTHER EMISSIONS, Pago 15 .` OPERATING PERIODS, Pago 16 UST ATTACHED DOCUMENTS .14 MAP of SITE LOCATION FACILITY SITE PLAN _ PROCESS FLOW DIAGRAMISCHEMATIC _ MSDS SHEETS _ ESTIMATED EMISSIONS CALCULATIONS _ STACK TESTS _ AIR MODEL DATA LOCAL GOVERNING BODY CERTIFICATION FORM Note added form sheets above; also indicate the number of copies of each form in blank provided. DOCUMENT CERTIFICATION FORM (see other side for instructions) 1 certify under penalty of law that this document and all attachments [as noted above] were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering and evaluating the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false informa on, including the possibility of fine and imprisonment for knowing violations. SIGNATURE: �% �>� 1 DATE:�— NAME: William Trindle TiTLE: REGISTRATION COMPANY: C 1 a i a n- NUMBER: 8_12Z6 _ References: Virginia Regulations, 9 VAC 5-80-10.D.4. See reverse of this form for Instructions. Page Revised June 15, 2001 FORM 7 u • O CMMONWEALTH CF'JIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY 4O •P'AT,nW f� WCD AI IWC!)DMd TI!)N PERSON COMPLETING FORM DATE REGISTRATION NUMBER William Trindle - REASONS) FOR SUBMISSION: OPERATING PERMIT RENEWAL OF OPERATING PERMIT (CURRENT PERMIT EXPIRATION DATE: MODIFICATION :'HIS PERMIT IS APPLIED FOR PURSUANT TO THE FOLLOWING PROVISIONIS) OF THE VIRGINIA RRFG,gLATIONS OR FEDERAL REGULATIONS (:?KNOWN): NEW SOURCE _ 9 VAC 5-80-10 (NEW AND MOD. SOURCES) _ 9 VAC 5 Chapter 80, Article 8 (PSD, MAJOR SOURCES) _ 9 VAC 5 Chapter 80, Article 9 (NON -ATTAINMENT MAJOR SOURCES) O EXEMPTION _ 9 VAC 5 Chapter 80, Article 5 (STATE OPERATING PERMITS) REGISTRATION UPDATE O OWNERSHIP OR NAME CHANGE - EFFECTIVE DATE: (COMPLETE PAGES 1 AND 2 ONLY) OTHER (SPECIFY) _ Would you be interested in a DEQ Pollition Prevention (P2) site visit to discuss the potential benefits of implementing P2 practices at your fadlity? Please note that there is no charge for this service and that the site visit is not limited to air pollution issues. Site visits can yield airtwater pollution or waste minimization recommendations that can benefit your facility. The purpose of these visits is not to assess compliance with applicable regulatory requirements. Yes X._i No If yes, would you prefer. Before permit issuance ^I After permit issuance COMPANY AND DIVISION NAME: Clariant _ MAILING ADDRESS. 382 Arbor Court Winchester, VA 22602 1 TELEPHONE NUMBER: NUMBER OF EMPOLYEES AT SITE: PROPERTY AREA AT SITE: (540) 665-1865 1 30 3.12 A EXACT SOURCE LOCATION - INLCUDE NAME OF CITY (COUNTY) AND FULL STREET ADDRESS OR DIRECTIONS: 382 Arbor Ct Winchester, PERSON TO CONTACT ON AIR POLLUTION MATTERS - NAME AND TITLE: PHONE NUMBER. 4 William Trindle FAX NUMBER. IF AVAILABLE. 540 665-2917 ® Please check here if you obtained this form from the DEQ website. FOR OFFICIAL USE ONLY COUNTY CODE: i PLANT ID NUMBER: UTM NUMBERS: Page Reviseo May 25, 2001 2 FORM 7 i t COMMONWEALTH OF VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY AIR PERMIT APPLICATION! GENERAL INFORMATION (continued) COMPANY NAME DATE REGISTRATION NUMBER Clariant 81276 IS THE FACILITY TO BE PERMITTED AS A PORTABLE PLANT? YES —NO X DESCRIBE THE PRODUCTS MANUFACTURED AND/OR SERVICES PERFORMED AT THIS FACILITY: Compounding & extruding purchaser plastic resin. LIST TOHEBSTANDARD INNDUUSTRIAALC L l LASSIFICATION (SIC) CODES FOOR THE FACILITY: PRIMARY SIC SECONDARY SICs PLEASE LIST ALL THE FACILITIES IN VIRGINIA UNDER COMMON OWNERSHIP OR CONTROL BY THE OWNER OF THIS FACILITY: Clariant Winchester, MILESTONES. This section is to be completed if the permit application includes a new emissions unit or modification to existing operations. MILESTONES* STARTING DATE ESTIMATED COMPLETION DATE New equipment installation 5 -1- 0 2 6 -1- 0 2 Modification of existing process or equipment Start-up dates 6 -15 - 0 2 7 -1- 0 2 For new or modified installations to be constructed in phased schedule, give construction/installation starting and completion date for each phase. Page Revised July 31. 2001 3 FORM 7 • • gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers -- Land Planners — Water Quality January 15, 2002 Jeremy Camp Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Clariant Revised Site Plan Formerly B.I. Chemical Aerocenter Business Park Dear Jeremy, We have revised the site plan per your comments of 5 July 2001. The changes are: 1. We've noted that no additional site lighting is proposed. 2. The BZA action of 21 August 2001 is noted on the plan Please note the following: Board of Directors: President: 'ntomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, k., P.E. Earl R. Sutherland P.E. Ronald A. Mislowsky, P.E. David J. Saunders, P.E. Directors: William L Wright Michacl A Ilarnmer Thomas W. Price 1. The revised site plan sheet is part of an overall site plan approved in 1996. The location map is provided on sheet 1 of those plans 2. We do not understand you comment concerning landscaping since the approved plan requires none. For what reason do we need to establish a number of trees when no requirement to provide them exists. 3 We believe the equipment proposed by this plan will help reduce the noise problem at the rear of the building. 4. We do not understand why the relocation of mechanical equipment outside of the building needs to be commented on by the other County review agencies. Please call if you have questions. Regards, gilbert w. clifi'ord & associates, inc. 43nald A. Mislowsky, P.E., VP cc: Doug Ways RECEIVED JAN 1 6 2002 'PT OF PLANNING+DEVELOPMRI1 117 East Piccadilly Street. Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwclifi'(d mnsinc.com AkmberAmeriean Consulting Engineers Council' COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 22, 2001 Mr. Ron A. Mislowsky, P.E., VP G. W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 RE: VARIANCE APPLICATION #16-01 OF CLARIANT CORPORATION Property Identification Number 64-9-2 Dear Ron: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their _ meeting on August 21, 2001. The Board of Zoning Appeals (BZA) approved Variance Application #16-01, for Clariant Corporation of Winchester, requesting a 14.71-foot front yard variance for a mechanical equipment pad and heat exchanger unit; and a 7.71-foot front yard setback variance for a mechanical equipment pad with 6' x 6' shed and dust collector and heat exchanger units. This property is located at the southwest corner of Victory Lane (Rt. 728) and Arbor Court (Rt. 1000), approximately 0.42 miles south of Route 17/50 in the Shawnee Magisterial District. If you have any questions regarding the approval of this application, please feel free to call this office. Sincerely, paav[�Dcllll Patrick T. Davenport Zoning Administrator PTD/ch cc: Building Inspections Doug Ways, Clariant Corporation Jane Anderson, Real Estate 107 North Kent Street - Winchester, Virginia 22601-5000 AUG-17-01 FRI 9:09 26577638287 �7_ FAx N0. 5406627821 E Patrick Davenport Zoning Administrator Frederick County AAAP R 0 D U C T S c•..— -cava.r .see-,r_t.,r.:r.,:;:tr:e v=,,cv,u.•sean:xus_ _,._ :::...��� 800 AIRPORT RD, Vi INCHESTER, ,:, j,. 22602 TEL 540-662-7820 F4X 540-66.2gS21 RE: Clariant variance request & noise emissions. Dear Patrick, 8/16/01 Our company operates from a 10,000 SQF officelwarc- house located one half mile to the South of the Clariant facility. My wife and I reside 41 a house located on the same property. During construction of our building we noticed two type;: of noise coming from the Clariant operation. The first is a heavy low pitched pulsating sound and the second is a high pitched shrill sounding similar to a fog horn. Both of the noise sources are located on the 35' high South wail that directly faces out property. The noise occurs 24 hours a day from Monday morning until Friday noon. Depending on wind direction it can usually he heard anyv1 wore inside our building and house even with the windows chased. Eleven of our neighbors located on Airport Road also agree that Clariant noise emissions are excessive. Arport and racetrack noise are less bothersome since they are of short duration or are scheduled. Sound level measurements we have taken with a decib'eai meter at the Southern boundary of the Clariant site consistently exceed Frederick County limits of 75 dba. Sill Trindle, site manager of Clariant has indicated to rr,e that the changes they are planning will both lower sound emissions and improve zur quality inside their, facility. i am writing to say that we support the plan if lit will in.. fact reduce noise emissions to a tolerable level. Thank You, Max Kotlowski 71�/ BZA REVIEW DATE: 8/21/01 VARIANCE #16-01 CLARIANT CORPORATION LOCATION: This lot is located at the southwest corner of Victory Road (Rt. 728) and Arbor Court (Rt. 1000), approximately 0.42 miles south of Millwood Pike. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-9-2 PROPERTY ZONING & USE: Zoned M1 (Light Industrial) District; Land use - Industrial ADJOINING PROPERTY ZONING & USE: Zoned M1 (Light Industrial) District; Land use - Warehouse; Tractor Sales; and Distribution Center. VARIANCE: The applicant is requesting a 14.71-foot front yard setback variance for a mechanical equipment pad and heat exchanger unit; and a 7.71-foot front yard variance for a mechanical equipment pad with 6' x 6' shed and dust collector and heat exchanger units. REASON FOR VARIANCE: Please see attached letter from Mr. Ronald Mislowsky, P.E. VP of Gilbert W. Clifford and Associates to Patrick Davenport, dated July 19, 2001. STAFF COMMENTS: The subject property has the typical setback requirements (75' front, 25' sides and rear) of the M1 Zoning District. Since the property is situated on a corner lot, two front setbacks are required. The property owner is requesting the variances to enable the proposed construction of two attached structures on the east side of the existing building. The east side of the building is situated 0.29' from the front setback line. The two proposed structures require extensions into the front setback a minimum of 15.0' and 8.0', respectively. This proposed dimension reflects the 14.71' and 7.71' variances being sought. A detailed plan sheet detailing the proposed structures and a letter describing the necessity for their specific locations is attached. 0 • STAFF CONCLUSION: The Code of Virginia, Section 15.2-2309(2) states that no variance shall be authorized by the board unless it finds that a) strict application of the Ordinance would produce an undue hardship approaching confiscation; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity, and; c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. The attached structures will not be detrimental to the overall character of the zoning district nor will they adversely impact the sight distance requirements of the nearby intersection. The granting of the requested variance as submitted would be appropriate. 0:Wgendas\BZA\Staff Report\2001\CLARIANT.wpd I 0 gilbert W. cllfford & associates, inc INCORPORATED 1972 Engineers — Land Planners — Water Quality July 19, 2001 Patrick Davenport Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Clariant Dear Patrick, Board of Directors: President: Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R Sutherland, P.E. Ronald A. Mislowsky, P.E. David J. Saunders, P.E. Directors: William t . Wright Michael A. Hammer Thomas W. Price I have attached an application for a Board of Zoning Appeals variance request. Clariant is a manufacturing facility located at 382 Arbor Court. Their lot is at the corner of Arbor Court and Victory Lane, with Victory Lane creating a corner side yard condition with a 75' setback. As described in the application, Clariant would like to locate 4 mechanical units on the east side of the building, along the Victory Lane frontage. A variance to the setback is required. I've attached a large plan sheet which shows all of the surrounding properties, and a smaller plan showing only the affected area. Clariant does propose to surround each of the pads with an opaque board on board fence to screen the units. I hope these plans adequately explain our proposal. The application relates the reasons for Clariant's need to place the units along the east wall. I'd like to reiterate just a couple of those. One, the ISO Butane unit, which serves only the lab area, needs to move outside for health reasons. The location of the lab in the building makes the relocation to the east wall obvious. Two, though there is available area on the west side, this is also the location of a loading dock and parking area. Finding a suitable place for the units there is difficult. Additionally, the presence of the units anywhere along the west wall would make expansion much more difficult. We look forward to discussing these issues with you and the Board of Zoning Appeals. Please feel free to call me, or Doug Ways at Clariant, if you have questions. Regards, gilbert w. Clifford & associates, inc. Ronal�dA�M isIowsky, P.E., �VP cc: Doug Ways, Clariant Doug Toan, North Frederick Realty RECEIVED JUL 19 2001 DEPT. OF PLANNING/DEVELOPMENT 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff@mnsinc.com MemberAmerican Consulting Engineers Council APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA ur'r ICZ USE ONLY- DEPT, Variance Application No. % Submittal Deadline � µ(� Submittal Date For the meeting cif""" initials;: .Sign Return ate., 1. The applicant is the owner 2. APPLICANT: NAME: L A R TA AJ T- ADDRESS 3C52 A gjad a Cr ��NcH�sT�IZ ��4 zz6cs�. TELEPHONE: 66 S "' ( $ 6 other is (Check one) OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 1 RE S o �.S�' C 0ejUE(Z of VI C-r 01*SQ4 2P, NcQ iz IZ GT Sp �000 /'FP 4hT-&- LY D.SI Z 5OL4TI4 eip- L1.5. 20� 1-2 l.sn 4. The property has a road frontage of 6 q y.� feet and a depth of yS'7.) feet and consists of exact) �~ 1'Z_ acres. (please be R E�P E 11YP Poperty is owned by 1V 0QXL4 P videnced by deed from R�� E.1ZIG(C iZLAL:rk JUL 2 0 3'AMPM hwD McTTY ChR2o LL, recorded in deed book no. (previous owner) deed DEPT, OF PLANNING'f _ EWf the Clerk of the ourt o g Frede it cCounty.the e 10 of Attach a copy of the deed. • Page 2 of 5 6 . Magisterial District: S }f A1,t1me e- 7. 14-Digit Property Identification No.: 6q - cl 8. The existing zoning of the property is: 114-1 9. The existing use of the property is:_ A) b Gl ST 2.IA L. 10. Adjoining Property: UU ZDNIM North NO -4S IA-MAS tAJ CW'►sYf1RHaaSr?eJ_ M East Ac.'f* SAt.= 5 (3ahn Dee South �� ��#ortSlN&-,(UASrop4rq) h�l West _ptsy-w earlogu 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") t A 14--11 Ci ales .. It1 A ■.. A — . %A 1 P �11t r- PA A .41yIJ J+ E4,r L�cc >FAN� usv�r .. i47. 11 VA k(AA/C SO I c*(4I Pw1EwYT 184WIT)f V46* S4fC-05 AA►a tJuSr cac.��cr© „ 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto TAIS- XSo— Rra 7AAj c lM (EOM S o .LIV TN Dl t Si' COL L 9crate. N E t� To S iZV� 1-1� LAS .4 kGA . Tg a SIB, avF—P—Jr�, To- 3 e-- P-1Pcdoc+r&jN cxtr-s , .. Irk? d eo4 cry &D. C?sir NEAA-S PROM 2L EgY 1= TOP TOE c..ms4p ►A3 & DdcltS A ry I l�r�li�{fLE RQ I^ Z 1,"(r �x P�lNs�a�7 Pke\I1 Ajr S17'.T.AJO- TO &sE, not r S ati 'TN;r= WEST SLDE. r 1 0 P"3OfI 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notifd by mail of this application: NAME_ V/A- APPL.F— 5540P. &F Address PO. Box 3ta '-3 Property ID# IN— A... W t NC,, VA 2 Z...6&q NAME A1bRT1f R DE12tek IzA/ Address P.O.. BOX 20 Cl`7 Property ID# JAJ G, VA 22 &Gci NAME ­AV d R i l�F J=� E g 121 SIC�yAddress Plat t CP K 2. 0 7. Property ID# 6'14 I yl MAX. Q4 ?a aocj NAME �,lly�S %tV�2 e©ePN1JZAV T, Address Z 57 Property ID# / .. 60 N WI ov G. VA- Z2 6 6 '- NAME O M K P Qo f>a arts s Property ID# 49 _A- , jsgT NAME Property D • , I , NAME Property ID# NAME Property ID# Address_ 35-3- qj 5 De4!1e C P, 0 S S W& zJ0 (,OHA)b !}c�,c,VA :Zo/ytj Address C� Address Address NAME Address Property ID# NAME Address Property ID# • Pagc 5 or S AGREEMENT VARIANCE # ` 0 I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. 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 BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT DATE r SIGNATURE OF OWNERta'L/Le(if other than applicant)L DATE -OFFICE USE ONLY- BZA PUBLIC HEARING OF 001 ACTION: DA - APPROVAL SIGNED: B CHAIIZMAN DENIAL DATE:_"��- �� JAMES RIVER EQUIPMENT, INC 64 A 8ON f _tea NceF� 0� NORTH FREDERIC REALTY 64 9 1 s WINCHESTER REGIONAL 64 A 159A "V1, VI RGI NIA APPLE STORAGE, INC 64 A 159D VAR# 16-01 Location Map For: Clariant Corporation PIN: 64-9-2 Dept. of Planning and Development, 07/01, 0 • � h /f z /A/�EN/Cf/AN/CAL PRD/PAIENT f O + £ /PA/EN7 PA '..K. I DUMPSTER ENCLOSED Y I A 6' OPAOUE FENCE AND LA TCHED GA TE. HEAT EXCHANGER UNIT HEIGHT- 4.5' 8' HIGH FENCING V£L I I CONC. PAD I �I I 190' - 500W METAL HALLIDE WALL PACK FDC FIRE LANE STRIPE AND PROVIDE WALL 21,400 SF Warehouse MOUNTED SIGNAGE 29,000 SF Total Bldg. Area LOT 2 4,3400 SF Ultimate Bldg. Area FF= 70J.. 0 Bldg. Height = 20' EX ELECTRIC 7RANSFORMEI PAD MECHANICAL L'OUIPMENT J PRONDE OPA041E BOARD =�s' =,s FENCING ALL AROUND -- 15SHENA — — CAS COMPANY ESA/'T x 20' ASEMr_ U l 838—P 9 — — S 435620 W 15' _ .. __ f7AV DRAINAGE AREA TO EX. 15' CUL PERT _ Fm EX. LAB AREA — — — RTE. 728 — VICTORY ROAD UNPOSTED SPEED LIMIT WR61NIA APPLE STORAGE / W 54 (A) 159D ZONED: M-1 USE.' WAREHOUSING bK.QpQ� �P ir'z(but 5' CONC. SIDEWALK VAN ACCE5518LE - HANDICAP PARKING S16NS. MOUNT DN BUILDING WALL. 2,600 SF OFFICE COLLECTOR HEIGHT - 8' FEAT EXCHANGER L P. S. FIEIGHT- 3' 8' HIGH 8'.8- SHED TO HOUSE ISO -BUTANE UNIT SHED HEIGHT - 7.5' FN+, FV TAP TO BE MADE/ T BY F,C. S.A. in Road i► 1°orw Pate `� �►.d69�79 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 PUBLIC rlEARIPlr August 7, 2001 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #16-01 OF CLAIMANT CORPORATION OF WINCHESTER On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, August 21, 2001, at 3:25 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider Variance Application #16-01, submitted by Clariant Corporation of Winchester, requesting a 14.71-foot front yard variance for a mechanical equipment pad and heat exchanger unit; and a 7.71-foot front yard setback variance for a mechanical equipment pad with 6' x 6' shed and dust collector and heat exchanger units. This property is located at the southwest corner of Victory Lane (Rt. 728) and Arbor Court (Rt. 1000), approximately 0.42 miles south of Route 17/50 in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Patrick T. Davenport Zoning Administrator PTD/ch 0A\Agendas\BZA\ADJ0INER\2001 Adj\Clariant.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 This is o certify that the attached correspondence was mailed to the following on Q from the Department of Planning and Development, Frederick County, V' inia: 64 - A- - 80-N JAMES RIVER EQUIPMENT, INC 64 - A- - 159-0 VIRGINIA APPLE STORAGE, INC PO BOX 3103 WINCHESTER, VA 22604.2303 64 -9- - 1- Qhd "- NORTH FREDERICK REALTY PO BOX 2097 WINCHESTER, VA 22604-1297 64 - A- -159-J INVIC, LLC PO BOX 2168 LEESBURG, VA 20177 STATE OF VIRGINIA COUNTY OF FREDERICK 287 VICTORY RD WINCHESTER, VA 22602.4565 64 -9- - 2- NORTH FREDERICK REALTY PO BOX 2097 WINCHESTER, VA 22604.1297 64 - A- - 159-A WINCHESTER REGIONAL 491 AIRPORT RD WINCHESTER, VA 22602-4517 Patrick T. Davenport, Zoning Administrator Frederick County Planning Department I, heffi Ann HQ l I , a Notary Public in and for the State and County aforesaid, do hereby certify that Patrick T. Davenport, Zoning Administrat r for the Department of Planning and Development, whose name is signed to the foregoing, dated I, has personally appeared before me and acknowledged the same in my State an'd County aforesaid. Given under my hand this day of Au aco My commission expires on ftNAQr J a U, Q)Q05 Ha N ARY PUBLIC -�L�KIAN� CogP, P"Ioas TO: Barbara in Data Processing FROM: Planning Department Please print_ sets of labels by: is THANK YOU!! 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notifd by mail of this application: NAME V,4 APPLp SropA&F Address C'b gpx 310 3 Property ID# w t NC-. VA 2 Z 6oq _ 6�- /� - ,{�q NAME_ A,iDOZT1 �Q�DFpICk QE.4cry Address P.O. Roje Property ID# 9q-.9 I w 1/V G. V14 226 otf NAME /VO2�F2E J Q1CK {� a�TyAddress P-0- Sore 2.0 CQ Property ID# d94 , I _ y wI,vG. VA 1zCoy NAME ;12eMS 6Zty R Cc �f, P w APT-' Address 257 V1 GTv2y G.A ME. Property ID# Ave (% A - BOA) - W1 N G, V,+ LZ 6 d Z NAME DHK PeopearteS Property ID# ael —A - /Sq ?' NAME Property ID# `T " NAME i�j1 `'/t C �$ t� / Pea, y Property ID# NAME Property ID# NAME Property ID# NAME Address 3.55' P1 S Deeje G r2 o S S uyG. GN 2094ND f}c4L4 VA 20/41 t'r Address Address Address J -/ %L Al / I) g111'xA ;�2'0 Property ID# r I MLB:gII NC;.1- Q } 40V 13 M • OK731PG363 THIS DEED made and dated this 15 day of November, 1989, by and between JAMES H. CARRO,j, and BETTY H. CARROLL, his wife, parties of the first part, hereinafter called the Grantors, and NORTH FREDERIC gEALTy, a Virginia Partnership, party of the second part, hereinafter called the Grantee. NITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantee, in fee simple, as specific partnership property, pursuant to Title 50, Code of Virginia, 1950, as amended, all of that certain lot or parcel of land, together with the improvements thereon and appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, about two miles Southeast of Winchester, Virginia, on the Northwest side of Route No. 728 (Victory Lane), cintaining 5.012 acres, more or less, and being designated as Tradt No. 18 on that certain plat and survey drawn by Richard U. Goode, C.L.S., dated October 28, 1976, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 468 at Page 30; LESS AND EXCEPTING THEREFROM that certain small conveyance to the Commonwealth of Virginia by Deed dated May 9, 1983, from Buckley -Lagos, Inc., et al, for the improvements of Route 728, which is of record in the aforesaid Clerk's Office in Deed Book 567 at Page 52; and being the same property previously conveyed to the Grantors herein by that certain Deed dated April 15, 1966, from Buckley -Lagos, Incorporated, a Virginia Corporation, which Deed is of I BXT3IPc36k record in the aforesaid Clarks office in Deed book 613 at Page 111. Reference is hereby made to the aforesaid instruments for a sore particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. The Grantors do hereby covenant that they have the right to convey to the Grantees that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: (SEAL) ES CARROLL (SEAL) BETTY H.-`CARROLL STATE or VIRGINIA, At -Large, /,.... a(., of TO -WIT: I, a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that JAMES H. CARROLL and BETTY H. CARROLL, his wife, whose names are signed to the foregoing Dead dated 0'6..L._ if . 1989, have personally appearod before me and acknowledged the same in my State and Jurisdiction aforesaid. Given under my hand this !�;- O day of .2L&w ZW _, 1989. My commission expires NOTARY PUBLIC VIR41 NU1: FREDERICK COUNTY, SCT. This rstrwnent of writing was produced to me on the and ith certificate of acknowledgment thereto annoyed was dmitted to record. Tax Imposed by Sec. 5&54.1 of 3 and 5&54 have been paid , if assessable. z N ' CLERK • b