HomeMy WebLinkAbout08-24 Comments revised 09.23.24
COUNTY OF FREDERICK
Austin K. Cano
Acting County Attorney
(540) 722-8383
E-mail austin.cano@fcva.us
September 20, 2024
VIA E-MAIL
Mr. Jeffrey Scott Hendrick
D & M Waste Solutions, LLC dba D & M Container Service
312 West Main Street
Luray, Virginia 22835
Re: Rezoning Application – D & M Waste Solutions
Tax Parcel Numbers 86-A-180 (the “Property”)
Dear Mr. Hendrick:
You have submitted to Frederick County for review a proposed proffer statement (the
“Proffer Statement”) for the proposed rezoning of the Property, 13.0± acres in the Opequon
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:
• Proffer 1.1 – Deletion of the words “as necessary” in the first sentence of this proffer to
avoid ambiguity.
• Proffer 3.6 – Replacing the word “The” at the beginning of the second sentence of this
proffer to “Any,” such that it reads “Any repair and servicing operations shall be limited
to the hours of 7 am to 5 pm,” to avoid ambiguity.
Mr. Jeffrey Scott Hendrick
September 20, 2024
Page 2
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,
Austin K. Cano
Acting County Attorney
cc: John Bishop, Assistant Director of Planning & Development, Frederick County (via e-
mail)
Tyler Klein, Senior Planner, Frederick County (via email)
1
David Frank
From:Spielman, Joseph (VDOT) <Joseph.Spielman@vdot.virginia.gov>
Sent:Tuesday, June 11, 2024 10:54 AM
To:David Frank; dandmwastesolutions@gmail.com
Cc:Johnson, Joseph (VDOT); Funkhouser, Rhonda (VDOT); Tyler Klein
Subject:D&M Container Rezoning
Attachments:D&M rezoning signed.pdf
Mr. Hedrick / Mr. Frank,
VDOT has reviewed our portion of the rezoning application of tax map 86-A-180 (Owner, Jimmy A
Johnson). We have the following comment, while we do not see any issue with the proposed use, the
rezoning of the parcel to M1, would not allow us to use the traffic data provided. M1 would allow many
uses that would far exceed the 85 VPD, and we would have to look at the highest and best use for the
parcel and use that to determine the traffic impact. The proffer statement did not proffer out any specific
high traffic uses, so we would need to re-evaluate this based on the highest and best use of M1 which is
not represented in this application.
VDOT appreciates the opportunity to provide input on this potential rezoning. Please feel free to contact
us with any questions.
Ryan
Joseph Ryan Spielman
Land Development Engineer / Edinburg Residency
Virginia Department of Transportation
540-535-1829
joseph.spielman@vdot.virginia.gov
26
Rezoning Comments
Frederick Water
Mail to:
Frederick Water
Attn: Engineer
P.O. Box 1877
Winchester, Virginia 22604
(540) 868-1061
Hand deliver to:
Frederick Water
Attn: Engineer
315 Tasker Road
Stephens City, Virginia
Applicant's Name: _____________________________ Telephone: __________________
Mailing Address: _________________________________________
_________________________________________
_________________________________________
Location of property: _________________________________________
_________________________________________
_________________________________________
Current zoning: ___________ Zoning requested: ____________ Acreage: _______
Notice to Frederick Water - Please Return This Form to the Applicant
Applicant: Please fill out the information as accurately as possible in order to assist the agency with their
review. Attach a copy of your application form, location map, proffer statement, impact analysis,
and any other pertinent information.
Frederick Water Comments:
__________________________________________________________________________________
Please see attached letter dated May 21, 2024 from Eric Lawrence to David Frank. Thank you
________________________________________________________________________________
Frederick Water Signature & Date: May 21, 2024
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
May 21, 2024
David Frank
Pennoni
117 East Piccadilly Street
Winchester, Virginia 22601
RE: Rezoning Application Comment
D&M Container Rezoning
Tax Map Numbers: 86-A-180
13-acre parcel
Dear Mr. Frank:
Thank you for the opportunity to offer review comments on the D&M Container rezoning
application package, dated April 2024, and received at Frederick Water on May 9, 2024.
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 parcel is located within the sewer and water service area (SWSA), and therefore by
county policy, Frederick Water’s water and sewer services may be extended to the site at the
user’s expense. A 12-inch water main traverses the property frontage along Fairfax Pike.
Sanitary sewer service is not presently in the vicinity.
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.
Page 2
D&M Container rezoning application
David Frank
May 21, 2024
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
Attachment: County Rezoning Comment Sheet for D&M Container Rezoning