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Home My WebLink About01-10 Comments (2)Dear Evan: Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 r,1( inn I€ fllVl September 7, 2010 VIA FACSIMILE (540) 772 -9528 AND REGULAR MAIL 107 North Kent Street Winchester, Virginia 22601 COUNTY of FREDERICK Re: Busy Beez Route 11 North (4489 4491 Martinsburg Pike) Proposed Rezoning Proposed Proffer Statement dated August 19, 2010 Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail: rwillia@colrederick.ya.us You have submitted to Frederick County for review the above referenced proposed proffer statement dated August 19, 2010 (the "Proffer Statement for the proposed rezoning of 1.89± acres constituting the property of Timothy W. Johnson and Margo D. Johnson (the "Johnsons Parcel Identification Number 33 -A -92 (4491 Martinsburg Pike), and Clear Brook Rentals LLC, Parcel Identification Number 33 -A -93 (4489 Martinsburg Pike), in the Stonewall Magisterial District, from the B3 (Industrial Transition) District, with proffers to the B3 (Industrial Transition) District and B2 (Business General) District, both with revised 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: 1. As the introductory portions of the Proffer Statement acknowledge, Parcel Identification Number 33 -A -93 is owned by Clear Brook Rentals LLC. Accordingly, both the rezoning application and the Proffer Statement should have a separate signature block for that entity, in addition to the signature blocks for the Johnsons for Parcel Identification Number 33 -A -92. Assuming he has the authority to do so, Mr. Johnson might be able to sign in the separate signature block for Clear Brook Rentals LLC, but that signature block should also indicate Mr. Johnson's (or such other signatory's) capacity on behalf of Clear Brook Rentals LLC. Mr. Evan Wyatt September 7, 2010 Page 2 2. Proffer C In light of the references contained in the Application and in the Impact Analysis Statement accompanying the Application, it appears that the reference in Proffer C for the structural area square footage limitation should be to parcel 33 -A -93, and not to parcel 33 -A -92. 3. Proffer D First, in light of the references contained in the Application and in the Impact Analysis Statement accompanying the Application, it appears that the reference in Proffer D for the monetary contribution should be to parcel 33 -A -93, and not to parcel 33 -A -92. In addition, Proffer D may not necessarily be clear regarding what constitutes `development" for purposes of triggering the contribution, especially given that the site already contains an existing structure. Finally, staff should be aware that Proffer D only requires the contribution upon issuance of an occupancy permit, and not a building permit, to the extent that either would necessarily be required for the existing structure. The recently enacted Virginia Code 15.2- 2303.1:1, which makes certain changes to the timing of cash proffer payments, applies only to residential construction. 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 that review will be done by staff and the Planning Commission. Sinc cc: Candice E. Perkins, AICP, Senior Planner Roderick B. Williams County Attorney September 2, 2010 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Dear Evan: COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 RE: Proposed Rezoning of the Timothy W. Johnson and Margo D. Johnson Property Property Identification Number (PIN): 33 -A -92, 33 -A -93 I have had the opportunity to review the draft rezoning application for the Johnson Property. This application seeks to rezone 1.89 acres of land from the B3 (Industrial Transition) District to the B2 (Business General) District. Staff's review comments are listed below for your consideration. 1. Martinsburg Pike Improvements. As indicated in the Frederick County Eastern Road Plan, Martinsburg Pike is identified as an improved minor arterial road (U4D). With this rezoning application, the need for additional Route 11 R -O -W should be addressed. 2. Proffers. Proffer #4 from the 2001 rezoning should be included in the revised rezoning proffer statement. 3. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 4. Special Limited Power of Attorney. Provide a Power of Attorney for the property owners. 5. Plat of the Property and Verification of Taxes Paid. A plat of the property needs to be included with the application that identifies the limits of the property, as well as, the proposed zoning boundaries needs to be included along with verification that property taxes have been paid. 6. Fees. The fee for this application includes a $5,000.00 base fee plus $100.00 per acre, and a $50.00 public hearing sign fee. This is based on fees as of May 1, 2008. Fees may change. 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Page 2 Mr. Evan Wyatt RE: Johnson Property Rezoning September 2, 2010 All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP Senior Planner CEP /dlw A2 Grecnway Engineering REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters August 19. 2010 Busy Beez Daycare Rezoning RZ# Industrial Transition District (B3) with Proffers to Industrial Transition District (B3) and Business General District (B2) with Revised Proffers 1.89 acres LAM) I ga Tax Parcels #33- ((A))- 92 &33- ((A)) -93 Timothy W. Johnson Margo D. Johnson (TM# 33 -A -92) Clear Brook Rentals, LLC (Timothy W. Johnson) (TM# 33 -A -93) Timothy W. Johnson Margo D. Johnson (here -in after "the Applicant Busy Beez Daycare Rezoning May 9, 2001 PROFFER STATEMENT August 19, 2010 Pursuant to Section 15.2 -2296 Et. Seq. 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 for the rezoning of 1.89± acres from the Industrial Transition (B3) District with Proffers to the Industrial Transition (B3) District and Business General (B2) District with Revised Proffers, 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 the said Code and Zoning Ordinance. 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 this Applicant and their legal successors, heirs, or assigns. These proffers are a conditional zoning amendment to Rezoning #05 -01 of Timothy W. Johnson, approved by the Frederick County Board of Supervisors on September 12, 2001. The subject properties are more particularly described as the land owned by Clear Brook Rentals, LLC being all of Tax Map Parcel 33- ((A)) -93 and further described by Instrument No. 100001314, and the land owned by Timothy W. Johnson Margo D. File #2624 /EAW Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning Johnson being all of Tax Map Parcel 33- ((A)) -92 and further described by Instrument No. 060001525, and are further described by the Boundary Survey Plat prepared by W. Stuart Dunn, L.S., dated June 6, 1996 and recorded as Deed Book 860 Page 1476 (see attached Boundary Survey Plat). A.) Allowed Uses PROFFERED CONDITIONS 1.) The following land uses shall be permitted within the B -3, Industrial Transition District on tax map parcel 33- ((A)) -92: J9 SIC 15, 16 17 Office and storage facilities for building construction contractors, heavy construction contractors and special trade contractors. J SIC 48 Communication facilities and offices, including telephone, telegraph, radio, television and other communications. J SIC 73 Business services. Jr SIC 75 Automotive repair, services and parking. J> SIC 76 Miscellaneous repair services. SIC 861 Business Associations. Self service storage facilities (No SIC). 'Vi Public buildings (No SIC). cj Public utility distribution facilities (No SIC). All other land uses within the B -3, Industrial Transition District shall not be permitted on tax map parcel 33- ((A)) -92 unless approved through a subsequent conditional zoning amendment. 2.) The following land uses shall be permitted within the B -2, Business General District on tax neap parcel 33- ((A)) -93: SIC 48 Communication facilities and offices, including telephone, telegraph, radio. television and other communications. SIC 73 Business services. r� SIC 76 Miscellaneous repair services. _o (.._./SIC 8351 Child day -care facilities. SIC 861 Business Associations. 4(/ Self service storage facilities (No SIC). Public buildings (No SIC). Public utility distribution facilities (No SIC). File #2624/EAW 2 Greenway Engineering All other land uses within the B -2, Business General District shall not be permitted on tax map parcel 33- ((A)) -93 unless approved through a subsequent conditional zoning amendment. B.) Access Manaeement August 19, 2010 Busy Beez Daycare Rezoning 1.) Tax map parcels 33- ((A)) -92 and 33- ((A)) -93 shall be served by the existing commercial entrance on Martinsburg Pike (U.S. Route 11). C.) Structural Development Limitation 1.) Tax map parcel 33- ((A)) -92 shall be limited to a maximum structural area of 3,000 square feet for all land uses, exclusive of self service storage facilities, identified in Section A(2) of the proffer statement. D.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above described property hereby voluntarily proffers that in the event rezoning application is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia $0.10 per square footage of structural area developed subsequent to approval of this rezoning application. This monetary contribution is intended to offset impacts to fire and rescue services and will be paid prior to issuance of an occupancy permit for the first land use constructed on tax map parcel 33- ((A)) -92. J Please refer to Page 4 of the Proffer Statement for Notarized Owner Signatures File #2624/EAW 3 Greenway Engineering E.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: By: August 19, 2010 Busy Beez Daycare Rezoning Timothy W. Johnson Date Margo D. Johnson Date Commonwealth of Virginia, City /County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by My Commission Expires Notary Public File #2624/EAW 4 IMPACT ANALYSIS STATEMENT BUSY BEEZ DAYCARE REZONING Frederick County, Virginia Stonewall Magisterial District Tax Parcel 33- ((A)) -92 33- ((A)) -93 Aggregate Area of 1.89± acres August 19, 2010 Current Owner: Timothy W. Johnson Margo D. Johnson Contact Person: Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540- 662 -4185 Greenway Engineering INTRODUCTION Basic Information: Ale #2624/EAW BUSY BEEZ DAYCARE REZONING August 19, 2010 Busy Beez Daycare Rezoning This report has been prepared for the purpose of assessing the impact to Frederick County by the proffered rezoning of a 1.89± acre parcel owned by Timothy W. Johnson and Margo D. Johnson, identified as tax map parcels 33- ((A)) -92 and 33- ((A)) -93. Tax map parcel 33- ((A)) -92 is currently zoned B -3, Industrial Transition District and is approximately 1.324± acres. Tax map parcel 33- ((A)) -93 is currently zoned B -3, Industrial Transition District and is approximately 0.567± acres. Both properties are conditionally zoned as described in Rezoning Application #05 -01 and are both currently developed. Tax map parcel 33- ((A)) -92 contains the American Auto Body automotive repair facility, and tax map parcel 33- ((A)) -93 contains a church. The Johnson's desire to modify the previous rezoning application to rezone tax map parcel 33- ((A)) -93 to B -2, Business General District to allow for the development of a new daycare facility that will take the place of the existing church, and to modify the proffered conditions for both properties to make this consistent with the current developed conditions of the subject properties. Location: West side of Martinsburg Pike (U.S. Route 11); approximately 2,000 feet south of Interstate 81 Exit 323. Magisterial District: Stonewall District Property ID Numbers: 33- ((A)) -92 33- ((A)) -93 Current Zoning: B3, Industrial Transition District Current Use: Church and Automotive Repair Facilities Proposed Zoning: B -2, Business General District with proffers (33- ((A)) -93) B -3, Industrial Transition District with revised proffers (33- ((A)) -92) Total Rezoning Area: 1.89± acres Proposed Development: Busy Beez Daycare Facility (3,000 square feet maximum) Greenway Engineering COMPREHENSIVE POLICY PLAN Sewer and Water Service Area The 1.89± acre subject property is currently located within the Sewer and Water Service Area (SWSA). Therefore, the rezoning of this property for commercial land use is appropriate based on current policy. The Johnson's propose to extend public water and sewer service to the proposed daycare facility to ensure state standards are net for a commercial daycare facility. Northeast Land Use Plan The 1.89± acre subject properties are a component of the Northeast Land Use Plan. The current land use plan, as well as the proposed 2010 land use plan recommends the development of business and commercial land uses along the Martinsburg Pike (U.S. Route 11 North) corridor, which includes the subject properties. The current land use plan identifies a developmentally sensitive area designation for the existing residential properties that front along the east side of Martinsburg Pike across from the subject properties; however, the proposed 2010 land use plan identifies these residential properties for future business and commercial land use without the developmentally sensitive area designation. The conversion of the church to the proposed daycare facility is consistent with land uses that support surrounding residential land use; therefore, the proposed project will not adversely impact the community or the existing residents within this area. Additionally, the Applicants' Proffer Statement establishes a 3,000 square -feet limitation on the size of the proposed day care facility; therefore, the scale and intensity of this rezoning is consistent with the policies guiding future land use development within this area of the County. SUITABILITY OF THE SITE Floodplains August 19, 2010 Busy Beez Daycare Rezoning The 1.89± acre subject properties are located on FEMA NFIP Map #510063 -075 B. This map, as well as the Frederick County GIS database delineates the vast majority of the subject properties as being outside of the 100 -year floodplain. Both mapping sources identify a small portion of the subject properties as being located in the Duncan Run 100 year floodplain area. The Applicant's have advised that there have never been any floodwater impacts on the subject properties; therefore, the limits of the 100 -year floodplain may be inaccurate. Nonetheless, the developed portions of the subject properties are located outside of the delineated 100 -year floodplain area so there will be no impacts to the floodplain area. (Please refer to the Environmental Features Map Exhibit.) File #2624/EAW 3 Greenway Engineering Wetlands August 19. 2010 Busy 13eez Daycare Rezoning The I.89± acre subject properties do not contain wetland areas as demonstrated on the National Wetlands hnventory (NWI) Map, as well as information from the Frederick County GIS Database. No evidence of wetlands features and vegetation is present on the property: therefore, the subject site is not impacted by wetland areas. (Please refer to the Environmental Features Map Exhibit.) Steep Slopes The 1.89± acre subject properties are predominately level with slopes ranging from 2 to 7 percent; therefore, the subject properties are not impacted by areas of steep slope. (Please refer to the Environmental Features Map Exhibit and the Soils Map Exhibit Woodlands The 1.89± acre subject properties do not contain woodland areas; therefore, there are no impacts to this environmental feature. (Please refer to the Aerial Overview Exhibit). Soil Types The Soil Survey of Frederick County, published by the USDA Soil Conservation Service was consulted to determine soil types contained in this tract. The subject properties contain the following soil types: 16B Frederick- Poplimento Silt Loam: 2 -7% slope 32B Oaklet Silt Loam: 2 -7% slope The Oaklet Silt Loam soil type located within the 1.89± acre subject properties is classified as prime farmland soil. The soil type on this property is suitable for commercial development and has moderate shrink -swell potential. The soil's characteristics are similar to the soil type found on developed properties along the Martinsburg Pike corridor; therefore, the soils associated with the subject properties will not create problems with the development of the proposed daycare facility. (Please refer to the Soils Map Exhibit Other Environmental Features The 1.89± acre subject properties do not contain areas of lakes, ponds or natural storm water retention areas as defined by the Frederick County Zoning Ordinance. There are File #2624/EAW 4 Greenway Engineering SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Zoned RA, Rural Areas District South: Zoned RA, Rural Areas District East: Zoned: RA, Rural Areas District West: Zoned: RA, Rural Areas District Zoned: B -3, Industrial Transition District TRANSPORTATION August 19, 2010 Busy Beez Daycare Rezoning no environmental features present that create development constraints for the existing or proposed commercial land uses on these properties. Use: Unimproved Use: Residential Use: Residential Use: Interstate 81 Heavy Commercial The 1.89± acre subject properties have frontage along the west side of Martinsburg Pike (U.S. Route 11) and are served by an existing commercial entrance and taper that was approved by VDOT and Frederick County in September 2002. The commercial entrance design also provides for a major drainage structure within the Martinsburg Pike right -of- way, which was installed during the development of the American Auto Body facility that is located on tax map parcel 33- ((A)) -92. Greenway Engineering met with the Frederick County Transportation Planner to discuss the proposed development plan and it was determined that a Traffic Impact Analysis (TIA) study would not be required for this rezoning application. Additionally, Greenway Engineering and the Applicants met with a VDOT representative on the project site to discuss the project and review the existing commercial entrance and taper, as well as the drainage structure to determine the adequacy of these improvements to serve the existing automotive repair facility and the proposed daycare facility. The VDOT representative felt that these improvements would be adequate for the proposed development and advised that calculations would be reviewed during the Site Plan process to determine if any additional improvements would be required. The TIA utilizes traffic volumes from the 7` Edition of the Institute of Traffic Engineers (ITE) Trip Generation Report provides the following weekday AM and PM hour traffic generator associated with the proposed development plan for the 1.89± acre subject properties: Automobile Care Center (942): AM Peak: 3.22/1,000 sq.ft. PM Peak: 4.01/1,000 sq.ft. Daycare Center (565): AM Peak: 13.56/1,000 sq.ft. PM Peak: 13.91 /1,000 sq.ft. File #2624 /EA W 5 Greenway Engineering Therefore, the peak hour traffic impacts associated with this rezoning application are projected as follows: American Auto Body (4,200 sq.ft.): AM Peak: 13.52 VPD PM Peak: 18.84 VPD Busy Beez Daycare (3,000 sq.ft.): AM Peak: 40.68 VPD PM Peak: 41.73 VPD The proposed development plan for the 1.89± acre subject properties is projected to generate 54.20 vehicle trips during the AM Peak Hour and 58.57 vehicle trips during the PM Peak Hour. These projected traffic volumes are below the requirements for right turn lanes and tapers on 2 -lane highways and fall within the range for a taper on a 4 -lane highway. This segment of Martinsburg Pike is currently a 2 -lane highway with a center left turn lane. The 2009 VDOT Traffic Volumes for primary Roads identify this segment of Martinsburg Pike with an average daily traffic volume of 4,500 trips. Therefore, the existing commercial entrance and taper exceed current VDOT requirements and would meet VDOT requirements should this segment of Martinsburg Pike become a 4 -lane segment in the future. The proposed rezoning application does not create a negative impact to the transportation system. SEWAGE CONVEYANCE ANI) TREATMENT The 1.89± acre subject properties are located within the Route 11 North Sewer and Water Service Area (SWSA). The Frederick County Sanitation Authority (FCSA) has developed a 6 -inch sewer force main to provide sewer transmission from this area of the County to the Opequon Water Reclamation Facility (OWRF) located on Berryville Pike (U.S. Route 7). The proposed day care facility will be connected to the public sewer system through a pump situation that will access the 6 -inch sewer force main located on the east side of Martinsburg Pike directly across from the subject properties. The Applicant's have proffered to limit the development of the proposed daycare facility to 3,000 square feet, which will allow for a maximum occupancy of 50 children and 7 staff members based on state licensing requirements. As a comparable land use, The Virginia Department of Health Sewage Handling and Disposal Regulations Manual identifies schools without showers and with or without cafeterias as a sewage flow rate of 10 gallons per day (gpd) per person. Q 10 gallons/clay/person Q 10 gpd x 57 persons (maximum) Q 570 gpd August 19, 2010 Busy Beez Daycare Rezoning The proposed daycare facility is estimated to add 570 gallons per day to the public sewage conveyance system and the Opequon Water Reclamation Facility (OWRF). The design capacity of the treatment plant is 8.4 million gallons per day (MGD) during summer months and 16.0 MGD during winter months. The expansion and upgrade of the OWRF will increase the hydraulic capacity of the facility to a maximum 12.6 MGD, which is anticipated to be operational this calendar year. Approximately 6.8 MGD of this File #2624/EAW 6 Green way Engineering capacity is currently being utilized at the OWRF; therefore, the development of the proposed daycare facility would require approximately 0.0003% of the available capacity at this facility. This information demonstrates that the subject property can be developed with adequate sewer service. (Please refer to the SWSA Water Sewer Lines Map Exhibit) WATER SUPPLY The 1.89± acre subject properties are located within the Route 11 North Sewer and Water Service Area. (SWSA). The Frederick County Sanitation Authority (FCSA) has developed a 12 -inch water transmission line that was adequately sized to provide for transmission and pressure needed to serve land uses within the Route 11 North Sewer and Water Service Area. The proposed day care facility will be connected to the public water system through a tap that will access the 12 -inch water transmission line located on the east side of Martinsburg Pike directly across from the subject properties. The Applicant's have proffered to limit the development of the proposed daycare facility to 3,000 square feet, which will allow for a maximum occupancy of 50 children and 7 staff members based on state licensing requirements. It is anticipated that the potable water demand for the proposed daycare facility will be 20% greater than the sewage demands identified in the previous section. The proposed daycare facility is estimated to require 684 gallons of potable water per day from the public water system. The Northern Water Treatment Plant provides 2.0 million gallons per clay of potable water from the former Global Chemstone Quarry as one of the water sources contributing to the public water system within the Route 11 North Sewer and Water Service Area. The projected water usage for the build -out of the subject property would require approximately 0.0003% of the capacity at this facility; therefore, this information demonstrates that adequate water capacity is available for the proposed daycare facility. (Please refer to the SWSA Water Sewer Lines Map Exhibit) SITE DRAINAGE Q 12 gallons /day /person Q 12 gpd x 57 persons (maximum) Q 684 gpd August 19, 2010 Busy Beez Daycare Rezoning The 1.89± acre subject properties have very little topographic relief and have been designed and developed to direct storm water towards the central portion of the subject properties to a storm water management facility. Storm water is collected into the existing storm water management facility and is then piped to a drainage structure within the VDOT right -of -way. The development of the proposed daycare facility and required parking area is not anticipated to significantly increase the impervious surface area of the File #2624 /EAV 7 Greenway Engineering SOLID WASTE DISPOSAL August 19, 2010 Busy Beez Daycare Rezoning subject properties; therefore, the existing storm water management facility should be adequate to accommodate the demands of this site. A Site Plan will be prepared and submitted for review and approval by the County Engineer prior to any new development activity on the subject properties, which will allow for the analysis of the existing storm water management facility to ensure that there are no negative impacts to surrounding properties. The impact on solid waste disposal facilities can be projected from an average annual commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 4 Edition). The following figures show the increase in the average annual volume based on an additional maximum development of a 3,000 square feet daycare facility: AVV 5.4 cu. Yd. Per 1,000 sq. ft. commercial AAV 5.4 cu. Yd. x 3.0 AAV 16.2 cu. Yd. at build out, or 11.3 tons at build out The Municipal Solid Waste area of the regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The maximum development of the daycare facility will generate approximately 11.3 tons of solid waste annually on average. This represents a 0.005% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently average 200,000 tons per year: therefore, this information demonstrates that the Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. Solid waste produced by the proposed daycare facility will be routed to the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. HISTORICAL SITES AND STRUCTURES The 1.89± acre subject properties do not contain structures deemed to be historically significant, nor are there potentially significant structures adjacent to the subject property. Additionally, the subject properties are not located within defined battlefield areas or potential historic districts as demonstrated in the National Park Service Study of Civil War Sites in the Shenandoah Valley and the Frederick County Comprehensive Policy Plan. The Frederick County Rural Landmarks Survey identifies Saspirilla Springs #34 -156) approximately'/ mile east of the subject properties as a potentially significant structure; however, this structure is not deemed to be eligible for the state or national registers. File N2624 /HAW 8 Greenway Engineering August 19, 2010 Busy Beez Daycare Rezoning Saspirilla Springs is located on the east side of the railroad tracks and is adjacent to properties that are currently zoned M -1, Light Industrial District. This structure is not visible from the subject properties; therefore, the development of the subject properties will not negatively impact this structure or it's viewshed. (Please refer to the Historic Features Map Exhibit) OTHER IMPACTS The rezoning and development of the 1.89± acre subject property is not anticipated to negatively impact public services and will provide economic development revenue that will benefit the County, as well as child daycare service to this geographic area of the County. However, the Applicants' proffer statement provides a monetary contribution to Frederick County for general fire and rescue services to further mitigate impacts associated with this project. No additional impacts to County capital facilities or services are anticipated by this proposal. File #2624 /EAW 9 Timothy W. Johnson Rezoning Aerial Overview Legend Timothy W. Johnson Parcels Parcel Boundary 100 200 Map Data Source: Frederick County, Va. GIS Department, Aerial Photos From 2006 /wo. bb SITE Rat r �A am 00 Q� o I*. Winchester Legend O Timothy W. Johnson Parcels Parcel Boundary Zoning B2 (Business, General District) B3 (Business, Industrial Transition District) W M1 (Industrial, Light District) M2 (Industrial, General District) I RA (Rural Area District) Map Data Source: Frederick County, Va. GIS Department Location Map ES•l4 HidecH -fiD Berkeley County, WV Clarke County, Virginia Timothy W. Johnson Rezoning Location and Zoning Map Feet 500 250 0 500 1,000 a 13� ai 01 co Map Data Source: Frederick County, Va. 515 Department co Timothy W. Johnson Rezoning SWSA, Water Sewer Lines Map Lee =I Timothy W. Johnson Parcels Parcel Boundary a Qx c SWSA Water Line Sewer Line 500 250 0 Feet 500 1,000 L JJ Timothy W. Johnson Parcels Parcel Boundary Stream Lake or Pond 1 "7 Wetland 0f 100 Year Flood Plain 5 Foot Intermediate Contours 25 Foot Index Contours Map Data Source: Frederick County, Va. GIS Department 4 Timothy W. Johnson Environmental Feat L._ Rezoning ures Map /f Wg R ,p 2 7.7 -649, %44 !1 Timothy W. Johnson Rezoning Soils Map 33 A 93 32B N Le end Timothy W. Johnson Parcels Parcel Boundary Soils 168, FREDERICK POPUMENTO LOAMS, VERY ROCKY, 2 TO 7 PERCENT SLOPES 2013, GUERNSEY SILT LOAM, 2 TO 7 PERCENT SLOPES 328, OAKLET SILT LOAM, 2 TO 7 PERCENT SLOPES 34, PAGEBROOK SILT LOAM Feet 100 50 0 100 200 Map Data Source: Frederick Cont u Va. GIS Department Legend a Timothy W. Johnson Parcels Parcel Boundary Landmarks 34 -156, Saspirilla Springs Civil War Battlefields L First Winchester Second Winchester Third Winchester 1 Stephensons Depot Map Data Source: Frederid County, Va. GIS Department REST CHUR CH -R.0 Timothy W Histori Johnson Rezoning Features Map c o Q a 34 -156 Feet 500 250 0 500 1,000 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA elcom by eeµAmotfnt Ratd )ate'Reeetve T IOSSHearing3Date; 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: Greenway Engineering Telephone: 540- 662 -4185 Address: 151 Windy Hill Lane, Winchester, VA 22602 2. Property Owner (if different from above) Name: Timothy W. Johnson Margo D. Johnson Telephone: 540- 662 -7878 Address: 4491 Martinsburg Pike Clearbrook, VA 22624 3. Contact person if other than above Name: Evan A. Wyatt, AICP Telephone: 540- 662 -4185 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat Fees Deed to Property Impact Analysis Statement Verification of taxes paid Proffer Statement The Code of Virginia 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: Timothy W. Johnson Margo D. Johnson 5. Current Use of the Property: American Autobody Church 6. Proposed Use of the Property: American Autobody Child Day Care 7. Adjoining Property: Please see attached adjoining property owner map exhibit and adjoining property owner mailing address table. USE PARCEL ID NUMBER ZONING 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The subject properties are located on the west side of Martinsburg Pike (U.S. Route 11), approximately 2,000 feet south of Interstate 81 Exit 323. Acres Current Zoning Zoning Requested 1.324± B3 (with proffers) B3 (with revised proffers) 0.567± B3 (with proffers) B2 (with revised proffers) 1.89± Total Acreage to be rezoned Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum 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 33 -A -92 33 -A -93 Districts Magisterial: Stonewall High School: Jame§ Wood High School Fire Service: Clear Brook Middle School: James Wood Middle School Rescue Service: Clear Brook Elementary School: Stonewall Elementary School 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Single Family homes: Non Residential Lots: Number of Units Proposed Townhome: Multi- Family Mobile Home: Hotel Rooms: Square Footage of Proposed Uses* Office: Wholesale: Self Serve Storage: Warehouse: Lumber Store: Other: *Structural square footage is limited to 3,000 square feet for tax map parcel 33- ((A))- 93 as described in Section C(1) of the proffer statement. 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. 1 (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 bet of my (our) knowledge. Applicant(s): l A K:t k_ Owner (s): Owner (s): Date: s j 13 110 Date: 3/i 0 a 0 a 0 E o` 0 0 0 01 0 m N r N a 0 0 0 0 O O O A O O TIMOTHY W. JOHNSON REZONING ADJOINING PARCELS MAP STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE'. 2010-0811 !PROJECT ID: 2824 'DESIGNED BY DWE SCALE: 1 Ircli squab 200 Feet TIMOTHY W. JOHNSON REZONING ADJOINING PARCELS MAP FedIneers GREENWAY ENGINEERING i!i l Ili r.:« :..a. :1s n4tie uo.us 4120 co 0 H 3 0 0 0 g. 0 L.! Rezoning Comments Mail to: Department of Planning and Development Attn: County Planner 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5651 Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Frederick County Department of Planning and Development Hand deliver to: 107 North Kent Street Fourth Floor Winchester, Virginia (540) 665 -5651 1 Applicant: Please filf.out the information as accurately as possible in order to assist the Planning ;Department, with their review. Attacka copy of your application form, location map,,proffer .statement, impact analysis, and any other pertinent information. Telephone: 540- 662 -4185 Location of property: West side of Martinsburg Pike (U.S. Route 11); approximately 2,000 feet south of Interstate 81 Exit 323. Current zoning: B3 with proffers Zoning requested: B3 B2 with modified proffers Acreage: 1.89 aces Planning Department Comments: Superintendent's Signature Date Notice to Planning Department Please Return This Form to the Applicant Message: Hi Candice, Thank you, Evan Fourului in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Busy Beez Daycare Rezoning File No: 2624 Date August 20, 2010 To: FC Planning From: Evan Wyatt Attn: Candice Perkins GREENWAY ENGINEERING Phone: 540- 662 -4185 Copied Fax: 540 -722 -9528 Delivery: Fed Ex U.S. Mail Courier Pick Up Other Urgent For Your Review n As You Requested Please Comment Please find attached 2 copies of the rezoning application for Tim Johnson's property on Martinsburg Pike for your review and comment. We are attempting to file for the October 20 Planning Commission agenda; therefore, 1 would appreciate receiving your comments by September 17 if possible. Please contact me if you have any questions or if you need anything else at this time. 1 j li AUG 202010 Hand Delivery and Pick Ups Only: Received By: Date: Please Print Name: Time: Thank you for your assistance. cc: John R. Riley, Jr., County Administrator Attachment CEP /bad TO: Roderick B. Williams, County Attorney 1 FROM: Candice E. Perkins, AICP, Senior Planners ll RE: Rezoning Application Proffer Statement DATE: August 31, 2010 C 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 NC FYr ERICK Department of Planning and Development 540/665-5651 FAX: 540/665 -6395 Please find attached to this memorandum the proffer statement for the Timothy W. Johnson Rezoning. We would appreciate your review of the Proffer Statement. Mr. Evan Wyatt Grcenwa•.Engineering: 151 Windy Hill Lane Winchester, Virginia 22602 RE Busy Beez Daycare.Rezotiing,Cothiitents Frederick County,-Virginia Dear Evan: We have completed otir review of the proposed rezo'riing ±ofpaicel 33- ((A)) -93 from B -3 to B-2 and offer the following comments: I can be reached at 722=8214' if you should have any questions regarding •the -above comments. HES /rls 1. Refer to page 7 of the Impact: Analysis under Site Drainage: -Any subsequent site plans should verify thar the ekisting;stormwater detention. facilitytwas;constructed in accordance-with Meripproved:plans.fer parcel 33- ((A)) -92. Iii addition, the site plan design should confirm'that the existing detention facility will accommodate the proposed develop parcel 33'- ((A)) -93. 2. Refer to page 8 of the Inipact,Analysis under Solid` Waste Disposal The current waste load at the regional landfill has decreased to an avetage;of 150;000 tons per year. 3. Refer to page 3 of the Proffe"t Statement under. paragraph• C:I Striictu?al Development Limitation: .Correct the parcel description to 33 -((A)) 93. cc: Planning and development file August 23, 201 Sincerely; COUNTY of FREDERICK DepaiKmenC:ofPtsblic Works 5401665.5643 'FAX: 540/678 =0682 Harvey ELjtrawsbyder, Jr., P.C. Directorof:Public Works RSA/pd l TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Retum Of Sign Deposit DATE: November 16, 2010 Please send a check in the amount of $50.00 to: MEMORANDUM Clear Brook Rental 141 Sister Chipmunk Lane Clearbrook, VA 22624 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 The amount of $50.00 was deposited in line item #3- 010- 019110 =0008 for the company named below had a deposit for one sign for Rezoning #01 -10 for Busy Beez Daycare. Clear Brook Rental has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. N O O N O O m O N U v CO U r- N v CO CO m m 0 N 0 0 o 11 0 O O U 0 m 0 3.4 44 m J-) W v) V) a X N.i C a) a.+ U 4-) O+ 0 0 U .1-1 N (1) 1, N U E 0 a E O a w x r0 aa z z E o a O 0 ,n U N RO N U H x H 0 4 a a m w O 3 m 0 v rli 2 V n d AG O„ S IP n 0 9 A r n n N I. i tP 0, io G o t co a a v ,39„ e o c o o+ O Nd AO o t 'PI rN P �N �p�! p 7 Yd 0 o c a d a A a n C' 3 O i' 9� G i n a to X t 9 G o 4P z 0 m O O O O O 0 o 0 0 0 0 0 ta- (n N s, a iK N 0 O N O N N 0 z E 0 0 E u v w O U 0 z m w E 2 H N E a a z w a 0) CO 0 0 U a z H z z H z a w -4 O a 0 T w A U z -to a a a m Fou d in 1971 151 Windy Hill Lane Winchester, Virginia 22602 Project Name: Busy Beez Daycare Rezoning File No: 2624 Date October 14, 2010 Copied To: FC Planning Attn: Candice Perkins GREENWAY ENGINEERING l) OCT i_ TRANSM1TT L From: Evan Wyatt GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 Delivery: Fed Ex U.S. Mail Courier Pick Up Other Urgent For Your Review As You Requested n Please Comment 1 4 2010 Message: Hi Candice, Please find attached the revised Proffer Statement that has been signed and notarized and contact me if you need anything else at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Please Print Name: Date: Time: TRANSMIT T AL Project Name: Busy Beez Daycare Rezoning Application File No: 2624 Date September 24, 2010 Attn: Candice Perkins Copied e Pounded In 197; To: FC Planning GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 From: Evan Wyatt GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 Delivery: Fed Ex U.S. Mail Courier Pick Up Other Urgent For Your Review n As You Requested Please Comment Message: Hi Candice, Please find attached the information required for the Rezoning Application filing for the Busy Beez Daycare, including 70 color copies of all applicable exhibits. Please schedule this application for the October 20, 2010 Planning Commission meeting and the November 10, 2010 Board of Supervisors meeting. Please contact me if you need anything else at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Please Print Name: Date: Time: Mark Dana COMMENTS: I( S U:\Pam \Common\Document Approval Form.wpd Document Approval Form INITIALS DATE TIME Received by Clerical Staff (Date Time): PCID I 1Q PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. 1.P i4 q°