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Home My WebLink About13-04 CommentsSEP -20 -04 04:08PM FROM- GREENPJAY ENGINEERING P.C. Mail to: Frederick County Department of Parks Recreation 107 North Vent Street Winchester, Virginia, 22601 (540) 665 -5678 Applicant' s Name: Mailing Address: Location of property Current zenin;: B2 Recreation Department. Pks. Rec. Signature Date Notice to Department of Park Zoning requested: RP 5407229528 T -296 Rezoning Comments �i9� illk.,� I' d,,ui,i;li� I "iii ��.;,pl Illf'I� ��V� 1 9Ih'��!4i� ^III X14 91i 41�.uif�.l° �V� Nip WIh II !It ��II "!lulu "h +lip iIV, �IJI'Pi!411t II�',16 dils Id P�.J1>IIIP Frederick County Department of Parks Recreation Band deliver to Frederick County Department of Parks Recreation County Administration Bldg., 2 Floor 107 North Kent Street Winchester, Virginia 1 d k l a th0' l rl OLIna bll as Ce. ..ately a5 possib eiI toiasSl t. 1�' ��I �t1'p 1 u ii a '-�I li i:,G1 L iA a«....{. In nfwn rrls'nnlseatiOn��iQTML teem Ens nee Attn: Evan Wyatt. ATC 151 Windy Hill, Lane Winchester, VA 22602 Westminster- Canterbury Dr_, approx 1,000' south of North Frederick Pike TD AUG 2 0 2004 I I I By Telephone: 540- 662 -4185 Acreage: 3.13 P 0 02 /002 F -625 8/ Department of Parks Recreation Comments: Plan appears to meet open space and recreational unit requirements. Also, the proposed proffer appears to address the impact this development will have on the services provided by the Parks and Recreation Please Return This Form to the Applicant Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 HES /rls Sincerely, cc: Mark R. Cheran, Zoning and Subdivision Administrator file A: \westburyrezrom.w pd September 21, 2004 hlcut 107 North Kent Street Winchester, Virginia 22601 -5000 CINTY of FREDERICK Department of Public Works 540/665 -5643 FAX: 540/678 -0682 RE: Westbury Commons Rezoning Frederick County, Virginia Dear Evan: We have completed our review of the proposed rezoning and offer the following comments: 1) Site Drainage: In addition to onsite stormwater management, it may be necessary to implement some offsite improvements to protect the existing residential development located cast of the proposed project. We definitely concur with your offer to control the 100 -year storm. Also, keep in mind that it will be necessary to consider the existing upgradient detention pond located immediately to the south of your site. 2) Solid Waste Disposal: In the second sentence, correct the word daily to indicate yearly volume. Also, consideration should be given to providing curbside trash pickup for this proposed development. Please contact me if you have any questions or need clarification concerning the above comments. Harvey E. Strawsnyder, Jr., P.E. Director of Public Works Philip A. Shucet COMMISSIONER September 13, 2004 Mr. Andy Conlon C/O Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Ref: Westbury Commons Rezoning Route 1318 Frederick County Dear Mr. Conlon: The documentation within the application to rezone this property appears to have some measurable impact on Route 1318. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Harvest Communities, Inc. rezoning application dated August 16, 2004 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Sincerely 'x Lloyd A. Ingram Transportation Engineer LAI/rf Enclosure Comment Sheet VirginiaDOT.org WE KEEP VIRGINIA MOVING COMMONWEALTH T of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA22824 FAXED IMP 1'r6 2004 JERRY A. COPP RESIDENT ENGINEER TEL (540)984 -5600 FAX (540)984-5607 Control number RZ04 -0013 Project Name Westbury Commons Address 151 Windy Hill Lane Type Application Rezoning Current Zoning B2 Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Access Comments Additional Comments Plan Approval Recommended Yes Date received 8/17/2004 Tax ID Number 53-4-E 53-4-F City Winchester Recommendations Automatic Fire Alarm System Residential Sprinkler System No Requirements Hydrant Location Not Identified Roadway /Aisleway Width Adequate Reviewed By Timothy L. Welsh Date reviewed 8/17/2004 Applicant Greenway Engineering Fire District 15 State VA Zip Applicant Phone 22602 Special Hazards No Rescue District 15 Election District Gainesboro Yes Fire Lane Required Yes Date Revised Emergency Vehicle Access Comments Landscaping and other materials shalt be placed in a mariner as not to inhibit use or the entire driveway width to individual dwelling units. Fire Hydrants shall comply with Frederick County Code section 90 -4. 540-662-4185 Dear Evan: HES /rls A: \west buryrezrom.wpd Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Westbury Commons Rezoning Frederick County, Virginia September 21, 2004 We have completed our review of the proposed rezoning and offer the following comments: I) Site Drainage: In addition to onsite stormwater management, it may be necessary to implement some offsite improvements to protect the existing residential development located east of the proposed project. We definitely concur with your offer to control the 100 -year storm. Also, keep in mind that it will be necessary to consider the existing upgradient detention pond located immediately to the south of your site. 2) Solid Waste Disposal: In the second sentence, correct the word daily to indicate yearly volume. Also, consideration should be given to providing curbside trash pickup for this proposed development. Please contact me if you have any questions or need clarification concerning the above comments. Sincerely, cc: Mark R. Cheran, Zoning and Subdivision Administrator file Harvey E. Strawsnyder, Jr., P.E. Director of Public Works 107 North Kent Street Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Public Works 540/665 -5643 FAX: 540/678-0682 etkAi Q� RH TT Li SEP 2 i 2004 Sanitation Authority Comments: Y 'mss r-- Sanitation Authority Signature Date: �k f Notice to Sanitation Authority Please Return This Form to the Applicant By AUG 1 8 2004 0 1 Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Attn: Engineer 315 Tasker Road Stephens City, Virginia th information as` accurate. heir review Attach a cop`, ipact analy an d any e Applicant Please fill Sanitation Authority wit t mad, p roffer statement, m ormatron t Current zoning: B2 WESTBURY COMMONS REZONING (Greenway File #4079) Applicant's Name: Greenway Engineering Telephone: (540) 662 -4185 Attn.: Evan Wyatt, AICP Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Westminster Canterbury Dr., approx. 1,000' south of North Frederick Pike Zoning requested: RP Acreage: 3.13 L Rezoning Comments Frederick Winchester Service Authority Mail to: Frederick Winchester Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 ort wit tat orma accurately eft review ac act analysis, a any o tt >rder to asstst`th� our appltcation for er pertinent tnfcirmattonl? Applicant's Name: Greenwav Engineering Attn.: Evan Wyatt, AICP Mailing Address: Location of property: Westminster Canterbury Dr., approx. 1,000' south of North Frederick Pike Current zoning: B2 Fred -Winc Service Authority Comments: no axed Fred -Winc Service Authority Signature Date: Notice to Fred -Winc Service Authority FRease Return This Form to the Applicant uatA.1r ejt1f64 Rv 151 Windy Hill Lane Winchester, VA 22602 AUG 1 9 2004 Zoning requested: RP Hand deliver to: Fred -Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia WESTBURY COMMONS REZONING (Greenway File #4079) Telephone: (540) 662 -4185 Acreage: 3.13 Department of Parks Recreation Comments: Staff anticipates the residents of this community will have every opportunity to benefit from the parks and recreational services offered by Frederick County. To calculate this impact on Parks and Recreation services, I would recommend we trust the formula included in the County Impact Model. Pks. Rec. Signature Date• l g,,m),) h }2/7/04 Notice to Department of Par Recreation Please Return This Form to the Applicant Rezoning Comments -7 7 Frederick County Department of Parks Recreation Mail to: Frederick County Department of Parks Recreation 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5678 m eyle A t a yfo >m a hca ow ti 0 dray an ]xsis an an ytaeh yothop yo er pertmen fors Applicant's Name: Mailing Address: Location of property: Current zoning: B2 WESTBURY COMMONS REZONING (Greenway File #4079) Greenway Engineering Attn: Evan Wyatt, AICP 151 Windy Hill Lane Winchester, VA 22602 Westminster Canterbury Dr., approx. 1,000' south of North Frederick Pike Zoning requested: RP Hand deliver to: Frederick County Department of Parks Recreation County Administration Bldg., 2 Floor 107 North Kent Street Winchester, Virginia Telephone: 540- 662 -4185 Acreage: 3.13 13 DEC 0 9 2004 Administrative Assistant to Visit us at www.frederick.klzva.us the Superintendent kapocsis@frederick.k12va.us Mr. Evan A. Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Wyatt: RE: Harvest Communities, Inc. Project SMK:dkr Frederick County Public Schools cc: Dr. William C. Dean, Superintendent of Schools ACI 540- 662 -3889 Ext 112 September 1, 2004 This letter is response to your request for comments concerning the rezoning application for the proposed Harvest Communities, Inc. project located, fronting on the west side of Westminster Canterbury Drive, approximately 1,000 feet south of the intersection of North Frederick Pike. Based on the information provided that all parcels would be age restricted, there would be no impact to the school population upon build -out. Respectfully yours, f e -mail: Stephen M. Kaposc Administrative Assistant to the Superintendent _J 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604 -2546 SEP 0 3 2004 By FAX 540- 662 -3890 December 8, 2004 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Third Preliminary Review Comments Westbury Commons Rezoning Proposal Dear Evan: Recreational Amenities Generalized Development Plan Sincerely, C Candice E. Perkins Planner II CEP /dlw J 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 We recognize you have resubmitted the revised Westbury Commons rezoning proposal for review and for forwarding to the County attorney. This correspondence is offered to clarify our position and to advise you that the revised package has been forwarded to Bob Mitchell for his review. The impact statement for this proposed rezoning maintains the request that the Planning Commission, in conjunction with the Department of Parks and Recreations, to "consider a design and amount of facilities proportional and appropriate to eleven age- restricted homes The Planning Department maintains its position previously described regarding this issue. The Zoning Ordinance does not provide for a waiver of this requirement and therefore, it is inappropriate to propose an alternative in recreational facilities. As previously suggested by the Planning Department, if you feel that clarification of an ordinance amendment is warranted, it would be appropriate to work with the DRRS to evaluate this request. On the GDP included with the impact statement it appears that the sole access to the community center is through the trail network. This community center will have to meet all applicable county and state requirements, including handicap accessibility. At this time it may be more appropriate to remove the building from the GDP and provide a bubbled area that states "proposed community center location The Master Development Plan and Subdivision processes will be used to ensure that all applicable regulations for a community center will be addressed. Please feel free to contact one should you have any questions or concerns regarding this correspondence. cc: Harvest Communities, Inc., Attn: Stuart Butler, 1.47 Creekside Lane, Winchester, VA 22602 WILBUR C. HALL N219210721 TROMAS V HONAHAN 11929-1999) SAMUEL D. ENGLE 0. LELANO MAHAN ROBERT T. MITCHELL, JN JAMES A. KLENHAN STEVEN F. JACKSON Dear Mike: HALL, MONAHAN, ENGLE, MAHAN MITCHELL w RNaNEn9-IO LY MDEESs nrut 0OR Of{,ow 16 l WAR MARKET Sony Lresev s. vnct,i TELZ RUM L TM'O7T. IOW ATTORNEYS AT LAW December 20, 2004. UUAND- DELIVERED Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning Development 107 North Kent Street Winchester, VA 22601 o EST YOBC•WER STIEET WINCHESTER. vines% T CEMNTIE OlO6Ni'3LO •HML I „.y. tWNNlw,an Re: Harvest Communities, Inc. (Westbury Commons) Proposed Proffer Statement RW C REPLY To, P. 0. Bon Bas WINCHESTER, VIRGINIA 2200*064S I have reviewed the above referenced proposed Proffer Statement. It is my opinion that. the Proffer Statement is in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following: 1. I would suggest, for uniformity and easyreference purposes, that the document be titled "Proposed Proffer Statement" and the statement of rezoning request, property, record owner, etc., be summarized at the beginning (see, for example, the Proposed Proffer Statement of Haggerty Property, recently reviewed). 2. In Paragraphs B.3 and D it is provided that the deeds to individual lots wilt provide for maintenance responsibility for shared driveways (B.3) and for the age -res tricted conditions (D). If the rezoning is granted, the owner wilt applyfor and obtain subdivision approval, after which a document in the nature of a Deed of Michael T. Ruddy December 20, 2004 Page 2 HALL, MONAHAN, ENGLE, MAHAN S, MITCHELL Subdivision and Declaration of Restrictive Covenants ("Declaration will be recorded, which will record the subdivision plat, will set forth the restrictive covenants on the property, and will provide for the property owners' association. It is my recommendation that the proffers provide that, in addition to being set forth the deeds to the individual lots, the subject provision will be set forth in lheDeclaralion. 3. It is also my recommendations that the proffers provide that the maintenance responsibilities of the property owners' association [private street (Paragraph C); pedestrian trail (Paragraph E); community commons area (Paragraph F. I); full screen buffer (ParagraphF. 2); landscape buffer (ParagraphF.3)] will be set forth in the Declaration. In this regard, it is not clear whether the fence referenced in Paragraph. F. 3 is to be maintained by the property owners' association or the individual lotowner, and that should be clarified. Also, it should also be specifically provided that the property owners' association shall have the maintenance responsibility for the community center building. 4. While the details of the pedestrian trail may be addressed at the subdivision plat stage, I note that the generalized developmentplan(GDP) shows the trail connecting at three points to private driveways. It would appear that a pedestrian trail easement would need to beplacedon the three private driveways to connect the trail to the private street, assuming it is not the intention to have the trails dead -end at the driveways. It would probably be sufficient at this point to have the easements shown on the generalized development plan. 5. With respect to the monetary proffer (Paragraph G), the purpose or purposes of the monetary proffer should be detailed in the manner in which the County intends to expend the funds, as the County is required to account for the expenditure of the funds pursuant to Virginia Code §L5.2- 2303.2(C). (It is noted in Paragraph I of the Impact Statement that the $1,000.00 per lot proffer is apparently intended to address impacts to County Administration, Fire and Rescue, Public Libraries, and Sheriff's Dept) Michael T. Ruddy December 20, 2004 Page 3 6. With respect to the community center depicted on the GDP, there should be a. specific provision in the proffers that a community center shall be constructed by the owner, and a statement of the timing of the construction (prior to the sale of any lot You have noted that the GDP shows the community center accessed only by the pedestrian trail system, but that the center will have to be handicap accessible and provide parking, in addition to meeting other site planning requirements. Accordingly, the proffer should also include language to the effect tbat the community center shall be located as generally shown on the GDP, and will be handicap accessible, provide for parking, and meet other requirements of County ordinances. I have not reviewed the proffers as to whether the proffers are suitable and appropriate for the site, as it is by understanding that that review will be done by the staff and the Planning Commission. RT M/ks HALL, MONAHAN, ENGLE, MAHAN MITCHELL If there are any questions concerning the foregoing, please contact me. File #4079/EAWajc Review Agency Comments