HomeMy WebLinkAbout04-12 Comments0 0
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
PAX: 540/665 -6395
TO:
FROM:
RE:
DATE:
John Lewis, P.E.
Painter -Lewis P.L.C.
Michael T. Ruddy, AICP
Deputy Director
Rezoning Comments: Kesari LLC — Clearbrook Rezoning.
May 19, 2011
The following comments are offered regarding the Kesari LLC — Clearbrook Rezoning
Application. This is a request to rezone five acres from RA (Rural Areas) to B2
(Business General) with Proffers. The review is generally based upon the proffer
statement dated March 21, 2011, the Impact Analysis Statement dated March 21, 2011,
and the TIA dated March 11, 2011.
Prior to formal submission to the County, please ensure that these comments and all
review agency comments are adequately addressed. At a minimum, a letter describing
how each of the agencies and their comments have been addressed should be included as
part of the submission.
General
1. The ac real^ cf the p-ertion of n°"cel 33-A-164133 should be defined and ad .2d
within the title block of the proffer statement.
2. Please ensure that all the necessary application materials are submitted with the
application. Consider including the additional parcel containing the existing use.
3. The submission fee for this application would total $10,00.00, based upon
acreage of five acres, plus the appropriate amount for public hearing signs.
Land Use
1) The 2007 Comprehensive Policy Plan and the Northeast Frederick Land Use Plan
provide guidance on the future development of the property. The property is
located within the SWSA. The Comprehensive Policy Plan identifies the general
area surrounding this property with a commercial land use designation. In
general, the proposed commercial land use designation for this property is
consistent with this conunercial land use designation of the Comprehensive Plan.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
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• Kesari LLC — Clearbrook Rezoning Comments
May 19, 2011
Page 2
2) The Draft 2030 Comprehensive Plan includes the Northeast Land Use Plan as an
approved Area Plan in Appendix 1. Therefore, the proposed Comprehensive Plan
would continue to recognize the properties consistency with the Comprehensive
Plan from a land use perspective.
3) The NELUP identifies an area for the potential relocation of the Clearbrook Fire
and Rescue facility in the vicinity of this site. Please address.
Impact Analysis Statement
Please address the following items from the Impact Analysis Statement prepared for this
Application.
Under i. Introduction, it is stated that the intended purpose of this rezoning is to
enable the applicant to develop the site for commercial purposes, including the
enhancement of the Olde Stone Truck Stop that is currently in operation. The
adjoining property should be linked to this request, potentially by incorporation
•
into a rezoning for the entire property. This is most important as the GDP that is
part of the impact statement and proffer statement proposes improvements and
commitments to the Olde Stone Truck Stop property.
2)
The multiple nonconformities present on the site of the existing truck stop should
be addressed, most critically, those associated with access and intensity of use.
3)
The rezoning proposes a significant increase in the intensity of the use. Recent
developments and rezoning proposals, namely Flying J and the Mannino, Aerogas
rezoning, provide guidance as to the issues that should be addressed.
Unfortunately, the proposed GDP does not satisfactorily address issues that were
identified during the development and evaluation of the above referenced
projects.
4)
With regards to the widening of Route 11, NELUP calls for a six -lane section
with accommodations made for turning movements at critical intersections. The
evaluation of the Manning, Aerogas Rezoning provides further guidance as it
proposed a similar use and was equally as proximate to a critical intersection with
a left turn movement onto Route 11, and from Route 11 heading toward Interstate
81. The TIA's for potentially similar uses appear to differ in the impacts
identified.
5)
It has not been clearly demonstrated that the rezoning will improve traffic
circulation on Hopewell Road and Route 11, or even within the existing truck
stop. The proposed site layout, while increasing the capacity of the truck stop's
operations, does not appear to function adequately. There appears to be
significant conflict within the site with regards to circulation, parking, and access.
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Kesari LLC — Clearbrook Rezoning Comments
May 19, 2011
Page 3
6) Under A. Site Suitability, it is recognized that this parcel lies across Route 11
from Clearbrook Park. However, no accommodations in terms of landscaping,
buffering and screening, and preservation of historic features of this site have
been made in an effort to mitigate the impact of this commercial development on
the park.
7) Further, consideration of the Route 1 1 corridor should be made. Other projects in
the Route 11 corridor have provided an enhanced landscaped buffer with other
fencing and architectural considerations. It is observed that a stone wall exists on
this property with potential historical connections. This may present an
opportunity for the applicant. The comments of the HRAB should be adequately
addressed. Other projects in this area have utilized a split rail fence enhancement
and have provided bicycle and pedestrian accommodations.
8) The layout of the site should be carefully evaluated to ensure that it meets current
zoning ordinance standards. As the GDP is part of the proffer statement, it will
need to be accurate. Presently, it would appear as though there are parking,
access, stacking and circulation concerns.
9) The Impact Analysis states that run -off from fueling areas will be conveyed to an
oil water separator for quality treatment. This and any other environmental
enhancements should be included in the proffer statement to ensure their
construction.
10) An evaluation of the proposed disturbance of Clearbrook Run and the identified
wetlands on the site against the County's environmental standards contained
within the zoning ordinances should be completed. The proposed intention of the
owner, as stated in the Impact Statement, to preserve and protect the
environmental features, should be included in the proffer statement.
11) The remaining two and a half acres of the site contains a historic house and
associated features. There is no mention of this in the impact analysis. Please
address and ensure any comments provided by the HRAB are addressed also.
12) With regards to the solutions identified to address the existing conditions in the
State right -nf- -way, it should be recognized that this proposed development has
some responsibility, if not all, to design and potentially construct improvements
within the Route 11 right -of -way, and the intersection of Hopewell and Route 11.
13) Utilizing the existing entrances until improvement to Hopewell Road and Route
I 1 occurs may not be the best approach if the traffic impacts are significant.
14) Commercial and Industrial uses do have a capital facility impact on County public
facilities. The D.I.M. recognizes this. The D.I.M. attributes credit for taxes
raised for C & I uses as an offset to the impacts of C & I uses on public facilities.
In general recognition of those impacts, C & I uses typically proffer some form of
contribution as a way to offset their impacts.
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® Kesari LLC — Clearbrook Rezoning Comments
May 19, 2011
Page 4
Transportation
The following transportation comments have been provided by John Bishop, County
Transportation Planner, and should be considered as the County Staff's position on this
component of the rezoning.
Given the volume of traffic analysis concerns identified by VDOT, I am unable to render
an adequate comment on traffic issues. However, I can offer the following concerns.
1) Route I I and Hopewell Road right -of -way needs have yet to be fully addressed.
2) Onsite traffic flow appears to create conflicts and safety concerns that need
additional review.
Proffer Statement
1) Staff would support the County Attorney's opinion that any proffer that, for
purposes of clarity and understanding, it would be preferable to limit the
commitments in the proffer statement to those that are above and beyond the
scope of any existing requirements, whether required by Code or by Permit. In
general, narrative should be placed within the Impact Statement with
commitments located in the Proffer Statement. Given the potential intensity of
the proposed use, strong consideration should be made to bringing the existing
site into conformance with current codes and regulations.
2) The proffers do not appear to adequately address the site development and access
issues of the anticipated use, a truck stop. In some cases, they also appear to
contradict the desired flow of the GDP and further complicate site circulation and
access. As an example, in the proffers, improvements to Route 11 are designed to
encourage truck traffic to enter the site on Route 11. However, the GDP appears
to flow traffic directly from Hopewell Road. This conflict would appear to create
circulation and exiting issues for those trucks accessing the site and diesel fueling
positions from the new Route 1 1 entrance.
in conclusion, please ensure that the above comments, and those offered by the reviewing
agency are addressed.
MTR/bad
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PAINTER-LEWIS, P.L.C.
CONSUL 77NG ENGINEERS tel.: (540)662 -5792
116 North Braddock Street fax: (540)662 -5793
Winchester, VA 22601 email: office @painterlewis.com
March 21, 2012 _
LE U
Mr. Michael T. Ruddy I -- - -,
Frederick County Department of Planning and Development
107 N. Kent Street I MAR 2 6 2012
Winchester, Virginia 22601 i J
4
RE: REZONING COMMENTS: Kesari LLC- Clearbrook Rezoning
Dear Mike:
I have revised the Rezoning Application to address comments from you and other agen-
cies as follows:
Department of Planning and Zoning
General
1. The acreage of the rezoning area has been added to the title block of the Proffer
Statement.
2. Required materials are being submitted. The adjacent parcel has been incorporated
by reference into the application.
3. The application fee check in the amount of $10,500 is included with the materials. I
will provide the sign fee upon request.
Land Use
1. Comment noted.
2. Comment noted.
3. This rezoning has been reviewed by the Frederick County Fire Marshal and has been
submitted to the Clearbrook Volunteer Fire and Rescue Company. These entities have
expressed no interest in having a facility on this site.
Impact Analysis Statement
1. The adjacent parcel containing the Olde Stone Truck Stop has been incorporated into
the application.
2. Site nonconformities are addressed on page 7 under "Site Alterations ". Site access
and intensity of use issues have been addressed in the Traffic Impact Analysis.
3. The TIA provides us with analysis of the site conditions and concludes that the pro-
posed expansion of the truck stop will be accommodated by the current configuration of
the adjacent road system.
4. The TIA developed for the Olde Town Truck Stop used historic vehicle counts. The
Olde Town Truck Stop is really not comparable to Manning, Aerogas or the Flying J as it
is not on the same commercial scale as those operations. This statement is justified by
historic vehicles count.
Page 1 Job No.: 1004012
Mr. Michael T. Ruddy •
5. The owner is convinced that making the Hopewell Road entrance one way in, and
creating a new truck exit further south on Route 11 will drastically improve traffic circula-
tion. We have also revised the GDP to add a second aisle from the fueling positions to
the Route 11 exit to provide better on -site circulation.
6. The distance buffer between the subject parcel and the park is at least 90 feet, includ-
ing the width of the Route 11 right of way. The park contains significant, mature vegeta-
tion along Route 11 that provides screening. Section 165 -202 of the county zoning ordi-
nance requires perimeter landscaping consisting of shade trees and headlight screening
which will apply to this project. The riparian buffer regulations contained in Section 165-
201 require preservation of the stream buffer. This regulation will result in about 70 feet
of green space in the parcel which will further soften visual impacts from the site.
Section 165 -201 provides protection from light glare to the park by setting standards for
light fixtures and performance.
There are no known historic features on the site.
7. The project has been reviewed by HRAB. Of significant concern was the 0. L. Dick
house which is located on the subject parcel. It is my understanding that this structure
has lost any significant historic relevance due to the extensive remodeling which has oc-
curred. In particular, the windows have been replaced with modern units thus excluding
the structure from Historic Register eligibility. The owner intends to reuse the structure if
a viable adaptive reuse can be found. There are no plans to destroy this structure.
The alignment of the existing wall along Route 11 will conflict with the construction of any
additional travel lanes and commercial entrances on the west side of the roadway. It is
not the intention of the owner to remove this wall, but it may be unavoidable. To disman-
tle and relocate this wall is impractical due to the type of construction.
Shade trees beyond those required by the ordinance will be planted along the right of
way to further soften visual impacts from the site. A proffer for these trees has been
added to the statement.
8. The proposed layout of facilities on TM #33 -A -1646 complies with the zoning ordi-
nance standards. The current GDP shows an additional access aisle that improves circu-
lation on the site.
9. An oil /water separator and other water quality practices are required under the current
Virginia Department of Environmental Quality Storm Water Permitting Program.
10. Disturbance of Clearbrook Run will be minimized to the extent practicable by working
with state and federal regulatory agencies. Permits will be obtained for the installation of
stream crossing structures from the Virginia Department of Environmental Quality. Like-
wise, permits for the disturbance of wetlands will be obtained as required by the Freder-
ick County Zoning Ordinance. The ordinance allows for the crossing of riparian buffers
and the disturbance of wetlands for this type of activity provided the appropriate state
and federal permits are obtained.
Page 2 Job No.: 1004012
Mr. Michael T. Ruddy •
11. After an inspection and evaluation of the house with a member of the HRAB, it is my
understanding that the structure is not worthy of preservation for the National Historic
Register due to the extensive renovations which have occurred over time to the house.
In particular, the original windows have been replaced with modern windows.
12. The owner recognizes that future improvements to Route 11 will likely eliminate the
existing entrances to the Olde Stone Truck Stop. Elimination of these entrances will
cause significant disruption of the current retail operations. The financial burden to the
owner of obtaining land to realign Hopewell Road and Brucetown Road and to pay for
the improvements to the road system as envisioned by the county comprehensive plan is
simply too great. Instead, the owner is proposing to dedicate land to VDOT and construct
an additional lane to Route 11 in front of the parcel 33 -A -1648 and to relocate and /or al-
ter certain site elements on parcel 33 -A -163 to facilitate the future widening of Route 11.
13. The owner recognizes that the multiple entrances are undesirable from a traffic con-
trol perspective. However, use of some of these entrances is critical to the retail opera-
tion of the facility. Therefore, of the six entrances, two will be completely closed, one will
be modified to an "In Only" condition, one will be reduced in width, and two will remain
unchanged.
14. Monetary contributions to emergency services and to future transportation improve-
ments have been proffered.
Transportation
1. The Traffic Impact Analysis concludes that traffic resulting from this project is ade-
quately managed by the existing road system.
2. An additional travel aisle has been added to the GDP to improve on -site traffic flow.
Proffer Statement
1. The proffer statement will contain those commitments that would not otherwise be re-
quired by regulation.
2. Most of the truck traffic coming into the Olde Town Truck Stop comes from Interstate
81 and therefore, the entrance from Hopewell Road is primary and will be maintained to
reduce the number of trucks entering the Hopewell Road /Route 11 intersection from I-
81. Trucks will enter the site from Hopewell Road, drive directly to the fueling positions,
then exit by the proposed entrance of Route 11. This represents a significant improve-
ment to the current conditions where trucks have far less maneuvering and stacking
space and where the trucks exit the site onto Route 11 at a location which is much closer
to the intersection, and therefore less desirable. The proposed right turn lane on Route
11 into the site is intended to contribute to the increased functionality of Route 11 in re-
sponse to the county comprehensive plan for increased traffic on Route 11.
Page 3 Job No.: 1004012
Mr. Michael T. Ruddy*
Please let me know if you have any additional comments.
Along with this letter you will find the following:
• A fee check in the amount of $10,500;
• Comment response letter to Roderick Williams;
✓ Comment response letter to Candice Perkins;
✓ Rezoning application;
✓ Limited power of attorney;
• Impact Analysis Statement;
• Proffer Statement;
• Transportation Impact Analysis;
Si
JohnfC.'Lewis, P.E., C.L.A.
C: L. Kesari
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Page 4 Job No.: 1004012
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COUNTY of FREDERICK
Roderick B. Williams
County Attorney
nie
540/722 -8383
Fax 540/667 -0370
E -mail:
rwillia@co.frederick.va.us
June 6, 2011
VIA FACSIMILE — (540) 662 -5793 — AND REGULAR MAIL
John C. Lewis, P.E., C.L.A.
Painter - Lewis, P.L.C.
116 North Braddock Street
Winchester, Virginia 22601
Re: Rezoning Application, Parcel Numbers 33 -A -163 and 33- A -164B,
S.K. Associates, Inc. and Kesari Third Generation LLC properties
— Proffer Statement dated March 21, 2011
Dear John:
You have submitted to Frederick County for review a proposed proffer statement dated
March 21, 2011 (the "Proffer Statement') for the proposed rezoning of certain property owned
by S.K. Associates, Inc. and /or Kesari Third Generation.LLC (collectively, the "Applicants ") in
the Stonewall Magisterial District. As an initial matter, I note that, given the proposed boundary
line adjustment and that the commitments in the Proffer Statement concern both Parcel Number
33 -A -163, comprised of 1.62± acres and owned by S.K. Associates, Inc., and Parcel Number 33-
A -16413, comprised of 5± acres and owned by Kesari Third Generation LLC (collectively, the
"Properties "), the rezoning application form and the Proffer Statement should cover both of the
Properties. Along similar lines, the rezoning application form should specifically identify the
parcel numbers. The proposed rezoning would rezone such portion of the Properties as is
currently zoned in the RA (Rural Areas) District to the B2 (General Business) District, subject to
proffers on both of the Properties_
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. Proffer 3, paragraph I — Sentences 2 through 4 do not state obligations on behalf of
the Applicants or anything specific to the Properties and, therefore, do not appear
appropriate for inclusion in the Proffer Statement. Along similar lines, staff should
be aware that the paragraph as a whole makes no actual commitments and, therefore,
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107 North Kent Street • Winchester, Virginia 22601
• 0
John C. Lewis, P.E., C.L.A.
June 6, 2011
Page 2
whether any of the paragraph should be included in the Proffer Statement is
questionable.
2. Proffer 3, paragraph 2 — Staff will need to determine whether the 40,000 square foot
building area limit is meaningful, given the overall size, shape, and characteristics of
the "outlot" (which appears to be approximately 2 to 3 acres). Also, the second
sentence does not state any obligations on behalf of the Applicants and, therefore,
does not appear appropriate for inclusion in the Proffer Statement.
Proffer 3, paragraph 3 (and accompanying numbered items 1 and 2) — The first
sentence does not state any obligations on behalf of the Applicants or anything
specific to the Properties and, therefore, does not appear appropriate for inclusion in
the Proffer Statement. With respect to the 4,500 square foot fast food restaurant
building area iimit, again, staff will need to determine whether the limit is
meaningful, given the overall size, shape, and characteristics of the "outlot ". With
respect to the restriction against gasoline service stations, the following observation:
are appropriate:
Given the current existence of gasoline and diesel fueling services on one of the
Properties already, staff will need to determine the extent to which a further
restriction on gasoline fueling services will be meaningful. If the restriction is not
that meaningful, staff may also want to consider the appropriateness of the
restriction as a restraint on trade, as the restriction would otherwise serve only to
protect the current use from competition.
Staff should be aware that the restriction is limited only to gasoline fueling and,
therefore, would in no way restrict fueling services offered to diesel - powered
vehicles, such as commercial trucks.
Proffer 3, paragraph 4 (and accompanying numbered item 1) — Staff will need to
determine whether the restriction against adult retail is meaningful, given that such a
use is only allowed in the B2 District pursuant to a conditional use permit, which
would therefore require an entirely new application and review process before it ever
could be approved.
5. Proffer 3, paragraph 5 — The expressly reserved non - limitation on the use of the
"outlot" for "uses which enhance the operations of the Olde Stone Truck Stop" is,
first, unclear as to what would constitute "uses which enhance the operations" and,
second, effectively renders meaningless, as an impact limitation, the restriction
against "gasoline service stations" on the "outlot ". In addition, this again raises
potential restraint of trade concerns, as the Proffer Statement essentially states that an
additional "gasoline service station' and similar activity on the "outlot" is only
acceptable so long as it is conducted for the benefit of the incumbent operation on the
® Properties, but not by any competing business interest.
U
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John C. Lewis, P.E., C.L.A.
June 6, 2011
Page 3
6. Proffer 4 — The Proffer may need to clarify regarding what constitutes a "fueling
position" for purposes of the restriction on the number of "fueling positions ". Also,
staff should be aware that the Proffer reserves the right to maintain an unlimited
number of dispensers for "non- conventional (alternative) fuels ". This raises
questions regarding the definition of "non- conventional (alternative) fuels ", including
whether certain existing products, such as "E -85" gasoline, fit within that definition,
and regarding the effect that the exception may have on the efficacy of the restriction
on the number of "fueling positions ", especially as new technologies come to market.
Proffer 5 — With respect to the timing of the proffered improvements, the Proffer
Statement says the triggering event will be prior to operation of new fueling positions
on the Properties "or" occupancy of a new building on the "outlot ". The Proffer
needs to clarify whether or not the "or" means the earlier of the two events. The
Proffer also needs to clarify whether "new fueling positions" means additional fueling
positions or replacement fueling positions and, as well, staff will need to consider
whether the reuse of any existing building on the "outlet" is possible, so as to cause
an impact, without the occupancy of a "new" building.
a. Proffer 5A — Staff will need to determine whether the turn lane would in fact,
as proffered, be useful.
® b. Proffer 5B — The Proffer would be more meaningful if the location of the
improvement is proffered. Also, staff should be aware that the Applicants do
not proffer any actual limit on the potential number of entrances; therefore,
this matter would be left to ordinance and VDOT requirements.
c. Proffer 5C — The Proffer is unclear regarding the timing of this item. The
introductory paragraph for Proffer 5 discusses "construction" of
improvements, yet this item is a dedication only, not a construction item.
Also, the parcel number is incorrect; the reference should be to 33 -A -163
and /or 33- A -164B (depending upon the exact placement of the item relative to
the current property lines).
In line 2 of the introductory paragraph of the Proffer, "of by" should be "of'.
8. Proffer 6 — The Proffer should eliminate ambiguous terms. Instead of referring to
changes "that are likely necessary ", the Proffer should state a specific time frame or
triggering event for making the indicated changes in a) and b). Likewise, in a),
instead of referring to "potential, additional travel lanes ", the Proffer should state a
specific number of fueling positions that the Applicants commit to eliminate.
9. Proffer 7 — Based upon where the Generalized Development Plan shows the property
boundaries and the curb openings, the curb openings along Route 11 already appear
to be wholly within the right of way for the road. Therefore, with respect to items a)
and b), the Applicants might not have any legal right to exercise control over the
1
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John C. Lewis, P,E., C.L.A.
June 6,2011
Page 4
LJ
closing of the curb openings. With respect to items a) through d) generally, the
Proffer does not state a specific time frame or triggering event for making the
indicated changes and therefore is meaningless as currently written. With respect to
item d), staff should be aware that the Applicant does not proffer any actual design
changes that would effectuate the "in only" designation; the designation apparently
would be solely by means of one or more "do not enter" signs. Finally, the second
sentence of the introductory paragraph of the Proffer does not state an actual
obligation on behalf of the Applicants and, therefore, does not appear appropriate for
inclusion in the Proffer Statement
10. Proffer 8 — As with Proffer 5, the Proffer needs to clarify what constitute "new
fueling positions" and, as well, with respect to the indicated triggering events,
whether or not the "or" means the earlier of the two events.
11. Proffer 9 — The Proffer needs to clarify regarding the meaning of "the occupancy of
any structure ", in particular with respect to existing structures and any renovations of
existing structures.
12. Proffer 10 — Staff will need to determine if signalization is appropriate at the
indicated entrance, relative to the intersection of Route 11 and Hopewell /Brucetown
Roads. Also, the Proffer needs to indicate the precise extent of the Applicants'
financial commitment with respect to the signal.
I have not reviewed the substance of the proffers as to whether the proffers are suitable
and appropriate for this specific development, as it is my understanding that that review will be
done by staff and the Planning Commission.
cc: Michael Ruddy, AICP, Deputy Director of Pianning and %eveiopmem
PAINTER- LEWIS, P.L.C.
CONSUL77NGENGMEERS tel.: (540)662 -5792
116 North Braddock Street fax: (540)662 -5793
Winchester, VA 22601 email: office @painterlew
March 21, 2012
Mr. Roderick B. Williams
Office of the County Attorney
107 N. Kent Street, 3`d Floor
Winchester, Virginia 22601
RE: Rezoning Application, Parcel Numbers 33 -A -163 and 33- A -164B
S.K. Associates, Inc. and Kesari Third Generation LLC properties
Proffer Statement
Dear Roderick:
I have revised the Proffer Statement to address your comments dated June 6, 2011 as
follows:
1. The first paragraph of Proffer 3 has been eliminated.
2. The second sentence of paragraph 2 of Proffer 3 has been eliminated.
3. The first sentence of paragraph 3 of Proffer 3 has been eliminated. All references to
future gasoline service stations have been eliminated.
4. The restriction on Adult retail remains in the proffers.
5. The reference to the operations of the Olde Stone Truck Stop has been eliminated.
6. A fueling position is made up of one product dispenser mechanism, such as a hose,
from a product dispenser. I believe that staff is clear on that. If not, I would defer to staff
to further clarify this. The reference to alternative fuels was put in the statement to allow
some flexibility on the site to accommodate future market products the nature of which is
unknown at this time.
7. The phase "whichever occurs first' has been added to Proffer 5. The phrase "gener-
ally as shown on the GDP" has been added to paragraph b. The word "construction" has
been replaced by the word "implementation" in paragraph c.
8. Proffer 6 has been reworded to be specific regarding the contents of paragraphs a
and b.
9. Proffer 7 has been reworded to be specific regarding the contents of paragraphs a, b,
c, and d.
10. The phase "whichever occurs first' has been added to Proffer 8.
11. Proffer 9 has been clarified to refer to the occupation of "new" structures on either
property. The existing house is currently vacant, but could be used as a residence again.
12. VDOT has expressed concern over the proffer to execute a signalization agreement
for the proposed Route 11 entrance. Therefore, this proffer has reworded such that
VDOT will be the impetus behind the installation of the signal. Additional wording has
been added to state that the applicant will fully pay for the signal.
Page 1 Job No.: 1004012
Mr. Roderick B. WiSs •
Please let me know if you have any further comments.
Sin
e
Joh C. Lewis, P.E., L.L.A.
C: L. Kesari
M. Ruddy
Page 2 Job No.: 1004012
FW: Kesari Rezoning - 4Submittal Review /Final Page 1 of 2
John Lewis
From: Funkhouser, Rhonda [ Rhonda .Funkhouser @VDOT.Virginia.gov] on behalf of Smith, Matthew, P.E.
[ Matthew, Smith@vdot.virginia.govJ
Sent: Wednesday, December 07, 2011 2:43 PM
To: jclewis @painterlewis.com
Cc: Smith, Matthew, P.E.
Subject: FW: Kesari Rezoning -2nd Submittal Review /Final
Attachments: Kesari MarkUp.pdf
John —As requested.
Matthew B. Smith, P.E.
Area Land Use Engineer
VDOT- Land Development
Clarke, Frederick, Shenandoah & Warren Counties
14031 Old Valley Pike
Edinburg, VA 22824
Phone # (540) 984 -5615
Fax # (540) 984 -5607
From: Funkhouser, Rhonda On Behalf Of Smith, Matthew, P.E.
Sent: Wednesday, November 23, 2011 11:50 AM
To: John.Bishop
Cc: Smith, Matthew, P.E.; Ingram, Lloyd; Short, Terry
Subject: Kesari Rezoning - 2nd Submittal Review /FinalWed 11/23/2011 11:50 AM
VDOT has completed our review of the subject TIA /Rezoning. We offer the following comments
for your consideration:
Y In_ addition to closing entrance 7a, VDOT recommends the closer of the adjacent
entrances to the north and to the south of 7a on Route 11. See attached.
«Kesari MarkUp.pdf>>
C As proposed, the applicant wishes to pursue the installation of a traffic signal
approximately 540 feet south of the Route 11 /Hopewell Road signalized intersection. We are
concerned about the long term operational challenges to Route 11 that this proposed
mitigation may create. A formal signal warrant analysis must be prepared and submitted for
VDOT review prior to approval.
0 Should you have any questions or comments, please feel free to give me a call.
Matthew B. Smith, P.E.
Area Land Use Engineer
11/7 M f)11
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PAINTER- LEWIS, P.L.C.
CONSUL 77NG ENGINEERS tel.: (540)662 -5792
116 North Braddock Street fax: (540)662 -5793
Winchester, VA 22601 email: office @painterlewis.com
March 21, 2012
Ms. Candice Perkins, AICP
Office of the County Attorney
107 N. Kent Street, 3rd Floor
Winchester, Virginia 22601
RE: Rezoning Application, Parcel Numbers 33 -A -163 and 33 -A -1646
S.K. Associates, Inc. and Kesari Third Generation LLC properties
HRAB Comments
Dear Candice:
In response to comments from the HRAB contained in a letter dated June 3, 2011, 1
would like to address the conditional recommendation. As you will recall, you and I vis-
ited the O.L. Dick house with HRAB member Mara[ Kalbian after the HRAB meeting of
May 17, 2011. It is my understanding from Ms. Kalbian that the O. L. Dick house has un-
dergone renovations such that it would not qualify for inclusion in the Historic Register.
Therefore, preserving the house for its historic character is not practical. That doesn't
necessarily eliminate the good sense of reusing the structure in some way, but the
owner is reluctant to provide a permanent preservation proffer and would prefer not to do
so. Since the ultimate fate of the house is in question and since the house will not qualify
for inclusion on the historic register, providing screening of the pumps on the Olde Stone
Truck Stop is not critical. The fact of the matter is that there will be almost 300 feet be-
tween the house and the new pumps. About 70 feet of that distance will be the green
space contained in the riparian buffer. Likewise, the owner would prefer not to conduct
an architectural /historic survey on the house. The house will be reused if an appropriate
use can be determined for it, but this will be determined by market forces. Currently, the
owner is contemplating a continuance of the use of the house as a residence.
Thank you for your input and review of this project.
Si rely:
Joh C. Lewis, P.E., L.L.A.
C: L. Kesari
M. Ruddy
Page 1 Job No.: 1004012
0
PAINTER- LEWIS, P.L.C.
CONSULTING ENGINEERS
116 North Braddock Street
Winchester, VA 22601
March 21. 2012
Ms. Candice Perkins, AICP
Office of the County Attorney
107 N. Kent Street, Td Floor
Winchester, Virginia 22601
MAR 2 8 2012
tel: (540)662 -5792
_..FREUrf;p� r;;,;;;;;N —� fa (540)662-5793
(540)662 -5793
RE: Rezoning Application, Parcel Numbers 33 -A -163 and 33- A -164B
— S:K— Assoclates-Inc: an d-Kesari Third-Generatiori LLC properties
HRAB Comments
Dear Candice:
.com
In response to comments from the HRAB contained in a letter dated June 3, 2011, 1
would like to address the conditional recommendation. As you will recall, you and I vis-
ited the O.L. Dick house with HRAB member Maral Kalbian after the HRAB meeting of
May 17, 2011. It is my understanding from Ms. Kalbian that the O. L. Dick house has un-
dergone renovations such that it would not qualify for inclusion in the Historic Register.
Therefore, preserving the house for its historic character is not practical. That doesn't
necessarily eliminate the good sense of reusing the structure in some way, but the
owner is reluctant to provide a permanent preservation proffer and would prefer not to do
so. Since the ultimate fate of the house is in question and since the house will not qualify
for inclusion on the historic register, providing screening of the pumps on the Olde Stone
Truck Stop is not critical. The fact of the matter is that there will be almost 300 feet be-
tween the house and the new pumps. About 70 feet of that distance will be the green
space contained in the riparian buffer. Likewise, the owner would prefer not to conduct
an architectural /historic survey on the house. The house will be reused if an appropriate
use can be determined for it, but this will be determined by market forces. Currently, the
—ownerris contemplating -a- continuance -of the-use-of the- house as a residence -- - -
Thank you for your input and review of this project.
Si rely:
Joh C. Lewis, P.E., L.L.A.
C: L. Kesari
M. Ruddy
Page 1 Job No.: 1004012
0
From:fred co fire , To:96625793 is /05/2011 11:56 #525 P.001 /002
Control number
RZ11-0001
Project Name
Kesari Third gen. LLC.
Address
817 Cedar Creek Grade #210
Type Application
Rezoning
Current Zoning
RA
Automatic Sprinkler System
Yes
Other recommendation
w:, l
rs ���rslla'.
� V:; �tF a6ra 2 tl iS
Date received gale reviewed Date Rev, s ed
11/16/2010 1112011
Appiicimt
Lazmi Mesa 1 C/o Painter -Lewis P.L.0
City Slab .Zip Applica-I Phone
Winchester VA .22601 54066::5792
Tax ID Number Fire Distract Rescue District
33- A -164E 13 13
Election Distn,
Recommendations Stonewall
Automatic Fire Alarm System Residential Sprinkler System
Yes No
Emergency Vehicle Access Hydrant Location Fire Lane Required
No
Siamese Location Roadway /Aisleway Width Special Hazards
Nc
Emergency Vehicle Access Comments
Access Comments
Additional Comments
Plan Approval Recommended Reviewed By
c:.
Yes S. Marie Showers �
From:fred co fire , To:96625793 105/2011 11:57 #525 P.002/002
NE" � acpa
®` Rezoning Comments WOV 18 2010
Frederick County Fire Marshal �*OK C"'
Mail to: Hana deliver to: w;A
Frederick County Fire Marshal Frederick County
Attn: Fire Marshal Attn: Fite Marshal
1080 Coverstone Drive 1080 Cot erstone Dr
Winchester, Virginia 22602 Public Safety Building
(540) 665 -6350 Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Frederick County Fire Marshal with his review. Attach n copy of your application form,
location map, proffer statement, impact analysis, and any other pertinent information
Applicant's Name: L?;!xyt t VBSart dcphottc: �9 -Kof< p-1
Mailing Address: G(o �G \v�t�r -t ew 7 P.1 . < . {,el,_
eAl G�%r- Cm� GG ,k-42 42-16)
®, Location of property: UJ e A "ue
oF NO�P W21I �oCd - - --— -_ --
Current zoning: requested: j:7. Acreage: j
rMarshad's ments:
IJ -- -- - --
Fire Marshal's Signature & Date: <<� -- ^ -- --
Notice to Fire Marshal - Please Return Thie Form to the Applicant
0
20
0
L]
f i Depai•finent of Public. Works
540166515643
TAX: 5401678;0682
Noyerribe .r 3,0; 2010
Mi...johii,Lewis, P. E.
Painter = Lewis. P:L.C.
31,7 Cedar Cieek Grade;, #2.10
Winchesters Virginia2260:1.
RE i Kesari Properties :Rezoiiing•Applicatioh
Fr`ederrck.County; Vi- -rgmia
Dear John:
We have completed ourrevidvJ of the•rezonirg applicatioh,for'the Kesari
properties on Route 1 1 North and offer the followtng•comtnents:
Refer to Sltvguitability, Development Overview The statement is made that the
"land is qude.flat +_and the -.o. yeral -1 elevation.-Of the land is notisubstantially higher
than:the nolinal` water surface elevation of ClearbrookzRum In fact, tiie water
level:in the upperireaches.of Clearbrook Rtin is,actually liigher than-the adjacent
land.areas, thereby, cieating wetland areas delineated as J.W 1 oh the wetlands
.
niap:.In addition, tMcreation of travertii e`forniati:ons,(aaighrcolored porous
calcite deposited,byprecipitakion of the calcium carbonate from solution in the
surface?waters) has raised the: stream bed causing+these ditcreases in water surface
elevation s:.'It is entirely possible:that the actual sfreath channel; has been relocated
within,the p "ropeity'fo create the existing`:pond.
2_, Refer,to Site Suitablhty; DevelopmehdOverview" W6edon6rrwith your
conolusion +that runoff: from fueling #areas should be.'diverted through,an:oil7water
(separator; for treatment W, ;,reeomgfend that-this;trcafinent;be
incorporated wit_h,,tt e existing oJl /w ater'separator: to insure that runoff-- from, all, the
fueling areas be trcatedpriorto enteriilg;the existing stream.
3.. Refer. to Site Stiitabillt$;, Deycloprnent Overview :. It is anticipatedaliat an
eztelisii ?e underdrai'iiagesystcnt will llbe,required to copsfruci the: connector road
between the nor h'± -and: south parcels created by Clearbrook Run. It is possible that
• theconstructionofthe ,underdrainage and .road `will eliminate the wetland area
designated}zs JAVI.
'ti \Rhdn da \T17A WCOM N I ENTS \Kr.SXRIPROPEVFIESR LzCODIS:doc
01'�I
Kesari'Properties Rezoning Application
Page•;
Tuesday; 30,;2010
4. Refer,to;Drainagei `We: teconifnend tliat`the new stofmivater management system
be designed fo;:fre5t stormwater "from ^itie existing'and.new areas for quantity and
qua]iry.
I, can be reached, at. 722_- 8214 if you have any questions regarding the above
comments.
HES /ris
cc: Planning and development
file
c1Rhondi1TES II'COAiA]ENTS11iESA RWA or, EM I ES QC0,11S.doc
Sincerely;,.
Harvey( r.Strawsnyder, Jr., RE'.
Nrecto -of Public Works
i •
Rezoning Comments
Frederick County Sanitation Authority
Mail to:
Frederick County Sanitation Authority
Attn: Engineer
P.O. Box 1877
Winchester, Virginia 22604
(540) 868 -1061
Hand deliver to:
Frederick County Sanitation Authority
Attn: Engineer
315 Tasker Road
Stephens City, Virginia
Applicant: Please 511 out the information as accurately as possible in order to assist the
Sanitation Authority with their review. Attach a copy of your application form, location
map, proffer statement, impact analysis, and any other pertinent information.
Applicant's Name: LaX= liar Telephone: 703-40t.— f7 -73to
Mailing Address: LI(o 5 pLG. - iA. 'S'ior)- -let 2-
Ce ry eek r~vb,�te duo
W ko --A,� �✓� ZZroo l
Location of property: (),P4 IC j6?
Current zoning: VA � Zoning requested: Acreage: r✓
Sanitation Authority Comments:
E'f/✓
Sanitation Authority Signature & Date-
Notice to Sanitation Av` `thority - Please Return This Form to the Applicant
23
1•
0
40
Frederick- Winchester Health Department 4WIII
Mail to:
Frederick - Winchester Health Department
Attn: Sanitation Engineer
107 North Kent Street
Winchester, Virginia 22601
(540) 722 -3480
Hand deliver to:
Frederick - Winchester Health Department
Attn: Sanitation Engineer
107 North Kent Street
Suite 201
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Frederick- Winchester Health Department with their review. Attach a copy of your
application form, location map, proffer statement, impact analysis, and any other
pertinent information.
Applicant's Name:
Telephone: -7p't'-4oG- bi3(o
Mailing Address: 6i(a�a�ti
��I1 GeG1c`c^ %iyt?2� ru�Fe ZID
iy �v�G�s1t r V A LZI�o I
Location of property:
0 . loo
Current zoning: 'P�_ P�N Zoning requested: -E>Z Acreage: 5
Frederick- Winchester Health Department's Comments:
De;x.rhnrI'f /1 s 0,2,2
,7�c -e�'I wells nL ��i��'E�c�s�r'e�'�%'fr'�� i�r•7F.1-'vr�v lilc /tSh - -vf= nl_�c; -n /F miy bF
.re
Health Dept. Signature & Date: / %_To
Notice to Health Department - Please Return This Form to the Applicant
24
M
Frederick County Department of Parks & Recreation
Mail to: Hand deliver to:
Frederick County Frederick County
Department of Parks & Recreation Department of Parks & Recreation
107 North Kent Street County Administration Bldg., 2nd Floor
Winchester, Virginia 22601 107 North Kent Street
(540) 665 -5678 Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Department of Parks & Recreation with their review. Attach a copy of your application
form, location map, proffer statement, impact analysis, and any other pertinent
Applicant's Name: uc-,Y-V. % ��bV t Telephone: 10 5- JAO(o- Oi3fo
Mailing Address: /Jv�e��- LP�vcs V.L.L, y�J-(o(o2 —r✓ I°12
g 1i (i@G�rGJ' �ivY2�- G- �ruc�.•2 -k�'. Z-l0
Location of property: I�QST Std�B h\ VZ "keEkk 36D \lzv S
GVyAi 01- kl-,e« RVCJ
Current zoning: V-A Zoning requested: Acreage: S
Department of Parks & Recreation Comments:
� 7
/O �l�%2r✓J� Pi
Pks. & Rec. Signature & Date: Zko /O
Notice to Department of Parks & Recreation - Please Return This Form to the Applicant
21
0
June 3, 2011
Mr. John Lewis
Painter- Lewis, P.L.0
116 North Braddock Street
Winchester, Virginia 22601
0
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665 -6395
RE: APpiicarioo Requesting a Rezoning of 5 Acres from RA to B2 (Business General) for Kesari
Third Generation, LLC
Property Identification Number (PIN): 33 -A -1648
Current Zoning District: RA (Rural Area)
Dear Mr. Lewis:
The Frederick County Historic Resources Advisory Board (HRAB) considered the above
referenced rezoning proposal during their meeting on May 17, 2011. The HRAB reviewed
information associated with the 1992 National Park Service Study of Civil War Sites in the
Shenandoah Valley, the Frederick County Rural Landmarks Survey Report, the Virginia
Department of Historic Resources, as well as information provided by Painter - Lewis, P.L.0
This applications seeks to rezone five acres of land from the RA (Rural Areas) District to the B2
(Business General) District. The property is located on the west side of Route 11 near its
intersection with Hopewell Road. The proposed use of the property is commercial uses,
including enhancement of the Olde Stone Truck Stop.
Historic Resources Advisory Board Concerns
The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service,
does not identify the subject property or the surrounding area as being part of a battlefield.
The Rural Landmarks Survey Report for Frederick County, Virginia, identifies three historic
structures located within the vicinity of the proposed rezoning, one of which is located on site.
All of these properties are listed as potentially significant. The sites that are listed in the survey
are:
Dick, L.O. House ( #34 -936) — Located on site
• Clearbrook Feed & Supply ( #34 -935)
• Clearbrook Presbyterian Church ( #34 -708)
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
Mr. John Lewis
Re: Rezoning of 5 Acres from RA to 62
Kesari Third Generation, LLC
June 3,2011
Page 2
After reviewing this information and the applicant's materials and proposals, the Historic
Resources Advisory Board (HRAB) recommended approval of the Kesari Third Generation, LLC
Rezoning Application with the following conditions:
• The L.O. Dick House should be preserved for adaptive reuse. A preservation proffer should
be included in the proffer statement to ensure that the dwelling and associated
outbuildings will not be demolished (including demolishment by neglect).
• The proffer statement should include a proffer to screen the pumps on the Olde Stone
Truck Stop from the L0. Dick House.
• A new architectural /historic survey should be completed on the structure to fully
understand its significance.
Please contact me with any questions concerning these comments from the HRAB.
Sincerely,
Candice Perkins, AICP
Senior Planner
CEP /bad
cc: Rhoda Kriz, HRAB Chair