HomeMy WebLinkAbout02-14 Comments (3)December 1, 2014
Mr. Thomas Moore Lawson
Lawson and,silek, P.L.C.
V.0. Box 2740
Winchester, Virginia 22604
COUNTY of FREDERICK
Department of Plannirig and Development
540/665 -.5651
Fax: 540/ 665 -6395"
RE; Rezoning #02 -14 of the; Heritage Commons Project, (former Russell 150)
Property Identification Number (PIN): 63 -A -.150, 64 -A10, 64 -A -12
Dear Mr. Lawson:
Staff is currently finalising. the staff report for this application, which 'is scheduled for a
public hearing before the Board of Supervisors on December- 10, 2014. While the staff
report will be outlining a number of concerns still present with the rezoning application
(which have been provided" to you in previous correspondence),, there are two primary
impacts that are present with_ this rezoning application that staff feels. need to be reiterated.
The Heritage Commons rezoning application fails to. address the impacts to the Frederick
County Public School System and the transportation impacts. .
1. Fiscal Impacts: The negative fiscal impacts associated with the residential uses
proposed,on`the, property have not been satisfactorily addressed.
2. Transportation Concerns: The proffer statement does not provide for the
construction of any of the necessary roadways within the Heritage Commons
development. The roadway construction proffers continue to remain solely reliant
upon:: "a revenue sharink zfgreement (developer- county agreement) that does not..yet
exist, and there are no proffered commitments that guarantee that the developer
will construct roads prior to development of residential' and commercial uses.
Fiscal Impacts
The negative "fiscal impacts associated with the residential uses proposed on the property
have not been satisfactorily addressed.
The Market and Fiscal Impacts Analysis (MFIA); authored by S. Patz and Associates; dated"
August 2014 and revised November 3, 2014 is based on the development's proposal of
1,200 housing units and 700,000 square feet of commercial development, including a new
Frederick County office building. The 1,200 housing units include 1,050 apartments and, 150
townhouses. The commercial space is modeled on: 220,000 square feet (county office and
developer sponsored 70,000square foot building); 380,000 square feet office and 100,000
407 North Kent Street, Suite 202 • Winchester, Virginia 2260;1= 5000
Page 2
Mr. Thomas, Moore Lawson
RE Rezoning of Heritage Commons
December, 1, 2014
square feet retail. The applicant's M,FIA evaluates on- site.and off -site revenue and expenses
at build -out, build -out is projected to occur over a 15-year period. The applicant's MFIA
projects anannual net fiscal benefit of'$3,:173,610 at build-out.
The phasing proffer does not achieve what the.Patz model is utilizing,to achieve thei positive
fiscal gain. As written; the proffer would allow the construction of 600 multifamily
residential units and 184 townhouses with the ,construction of' 1004000, square feet of
commercial, area. This phasing proffer.is not consistent with the Patz suggested phased
approach to maintain economic balance, nor does this phasing, proffer guarantee to offset
impacts, from residential uses. If the applicant wants to rely on the outcome of the Patz
study, the applicant should be,proffering to ,implemient the Patz study: As written, the
phasing proffer provides little if any benefit to the County..
County Development.fmpact Model.
The County's Development Impact Model (DIM) is utilized, to project the capital fiscal
impacts that a residential development will place on the county over a 20 -year period.
Through an .extensive review, in 2013%2014, the DI_K policy- was reaffirmed that the DIM
projection would consider residential capital fiscal impacts, and would not consider credits
for commercial components of a- development proposal. On June. 25, 2014, the Board of
Supervisors adopted the updated DIM.for use in Fy2014.
The following is a breakdown of the projected impacts per dwelling unit. for each capital
facility:
Capital facility Town home Apartment
Fire and Rescue
$4.12 $418
General Government $33 $33
---- ._ .............. .........
_
Public Safety $0 $0
Library $379 $ 3;79
_ ..-
Parks and Recreation. $1,332 $1,332
_ ....... .
.. ..._...._ ................_ ........ _—= - —
School Construction $11,2 81 $16j535
tal
$`13,437 $12,697
When applied' to, the residential mix used in the Patz report (1,050. apartments and 150
townhouses), the DIM projects negative capital fiscal impacts of $15,347,400. This
projection solely, considers capital fiscal impacts; the DIM projects that operational fiscal
Page.3
Mr,-.Thornast Moore, Lawson
RE: Rezoning of Heritage,Commons
Deceinber 1, 2014
impacts are generally "mush .greater and collectively exceed the tax revenue generated by
the multifamily residential use by a factor of 2 :1.
In _applying the, DIM using the phasing proffer, the DIM projects that 300 multifamily and
50;000 square feet commercial could result in a projected annual negative impact of
$400;000.
Transportation Concerns;
The proffer statement does not, provide for the construction of any of the necessary
roadways within the Heritage Commons development, The 'roadway construction proffers
continue to remain solely reliant'upon a revenue. sharing agreement that does not ,yet exist.
At, a minimum, staff would suggest an additional proffer that-would restrict development
without an executed revenue sharing agreement between the County and the applicant.
The current proffer; should clarify that development will not occur ahead of implementation
of the transportation system. While some concurrent development :as the transportation
system is being constructed would be sensible, protections should be in place so that
significant development could not occur ahead of key roadway connections being in place,
particularly the bridge over 1 =81.
The proffers lack a comrnitment to construct the road network, and a phased approach
when the network would be constructed. This could result in the. development of
residential and commercial unitswithou't realizing 'the. construction of any of the necessary
road network. Without, the outside agreement, the proffers contain ,no. commitments that
thedeveloper will construct the;necessary °road. improvements:
Please contact staff 'Should you have any questions.
Sincerely,
G
Cadce Eins, AIGP
SeniorP;lanner
CEP /pd
John Bishop, AICP
Deputy Director — Transportation
-
- • � A� ` `_ .,.� . - of FI�EI)EIZICK
- s
Department of Planning and Development;
A;� -
540/665.,5651 -
1738 FAX 540/ 665 = 6395'
- November 1 "7, 201'4
Mr Thomas „Moor`e: Lawson!
:Lawson and, SiI& P L:C.
-P O: B'ox 2740
' Winchestef Nifgiiiia 22604 _
` RK! Rezoning, #02` -i4 of tlie:Heritdee.Commons� Project'(former. Russell 150) -
°” • = mber P= N ) 6A '50" 6A10 64 -A, hdentifationN 1Pro P
Dear" Mr,:, Lawson' r
A I have had -the opportunity to, reiew he revised proffer for the Heritage Commons project' -
dated .Septembe "r J7 2013;. -;and revised November 1.2201'4,.. Staffracknowledges °,that. many, _of
r: the Issues di`seussed' at our; meeting on;Mond`ayLL N`ouember 10, 20:1:4. have _been. addressed in ` =.
the vreyi ede profferµ however,: there are; additional .concerns stioll present with this ,rezoning
"a pplication;. aSfafflsreview cornrnents,are listed ,,below for'•your.cogsid'eration;
Rezoning•Comnf &nts
` l.a Agency Comments Many of ''the `Review, Agency concerns and Corn ents:.,re,ma n
-
- unad,'dressed,,specificall VDOT, FC:PaS, Parks and k; creation, County.Attorney and..
Public Works., Y .
2 Phasin and, Tm act; 'on Gommuni
g y _.,.P ty Facilities Th_ e ° negati•ve, _f scab impacts t.
associated wrth `the 'residential uses proposed on the, property have not been
-
satisfactorily addressed 'The applicant's Market:and Fiscal Impi cf.Analysls (MF,IA)
by S. Patz. & Assocla'tes shows; a posrti.ve fiscal gain; however, the Pat`z report
utilizes full;. build -out, 'of the:.';commercial and residential landbays to achkwe this'
figure (15 + / -. years, 1;200 market. rate : residential ?units and `700,000sf of- commercial)
The phasing proffer doesz not achieve `what
he Patz model is utlizmg? to achieve the
positive: fiscal igain. The MFIA also fails ;to have addressed concerns, rased -by the'
`Commissioner ofthe: Revenue and the:Treasurer, sor i`ts. results are questionable.
3;. Access, to .Landlay Z As currently. depicted, ,access tos_this• l'andbay will solely be; :.
„ ..
from `Route 522 9 `'The ,land use, table shows that `this area (the! largest 'landbay within'
4
tj*,developmeni)' could be up to, 90% residential' an& is' proffered to contain all ,the' .
townhouses. Staff has .concerns 1thaf all the residential units couId,`be constructed'
y �p ):_
within this landba lus commercial ,and there wi_h be no access to Warrior °Drive
acid the main transportation network within the° development:,,
4: Compliance with. the 2030 Comprehen "sve Plan The land: uses shown;' within '
e .A i
landl aysr 3. and 7 are, i,Q, ,. pported by the `2_030 Cgmprehens�ue Plan. � The' proffers' .
,107 North Kent Street,, Suite, 202`_.+ Winchester, -Virginia, 22601;500,0'.
x
z
Mr Tl'omas Moore Lawso7
RRE_ Re'zoAft of Heritage Commons -
November 17 2014
o
show landbay 3 with mixed residential and commercial land uses; the Comprehen "sire
Plan: designates this area• for employment land uses ' The proffers show landbay 7.;
_ > ' (53 -95 acres) with, the. ability to deuelo,p with° 1001 commercial_ uses: The
Comprehensive Plan shows the entire area, that`: encompasses landbay .7 as ,high
.. density res denhal„ 1 ntroducing; comvmercial; uses 'info, 'landbay- 7 i' not` supported. by
the�2030 Comprehenswe'Rlan:
1156 Mixed Use'Deyelopment- The proposed R*, zoning being ,sought with th►s rezoning '
app] ggion would.enable, a miX use�,,devel'opmenf however, there are no ;assurances
within the °proffer statement 'that a core /town center area will be provided As
profferedthe development would be4a,tradttonal residential and;commere►al project,
w►thAthe uses being elearhy separate from- one'another,
Transportation dCommentst
6;- Remoual� of $1,000,000 cash. proffer -U transportation: The Russe11.1;50 TIA, .upon
which this application fs rel1ant;and references with' °the tr►ps limitation proffer, noted
significant offsiie'impacts in *additibm.to those that led',to` the proffered need's of the
Warrior 'Drive connection to; the south, connection to the, north ,toward the;.Glaize
property,,,a. nd connection'to the' Cfty y>>_a a bridge Doer I-_ &1 TW!ss led ,to a $1;000,00:0,
cash.. *offer which; f's °not in thecurrent; package
_ 7, Develo "pment ahead :of. transportation. - The current proffer' sho'u'ld clarify that
,_ v
deuel`opmeint will;. not occur - ahead of implementation of the transportation; - system.
Wh'i:le -some concurrent:developmerntas the:, transportation; sysfen is being constructed
- would be; sensible; protections +sho'ul'd be; i'n place'soI at signi`fican`t -development = _
could not, ahead" of ke.. badwa connections .bei'n m lace
- Y" Y g.. p particularly the
- -
x badge over.] 81:
8 WarrJor'•Dr-;iv Consider- adding performance ,triggers :tied,to' development for t he-
•
Warrior, ,Dr,i'ute rrevenue. shar�n agreement. :Currently the proffer gives no `when"
regarding = how' yth s w�li be implemented -'. The, County: cans ,,apply for additional
revenue= sharing funds4for th�s:pro�ect.as eafIv!as November 2015'. _ r
E .. - -
9 Revenue' _Sharin Agr.:eemenf: . The roadway` consfruction gproffem. remain sol .
g e1y n..
reliant, upon a revenue,,`shar�ng: agreerrient.,that does not'yet ,ex "_st:, -'The County- draft
was rejeeted andm 4;W YO on a' subsequeniAraft, from tlie° applicant on
10/29/1,4.. Ho wever,.no_,thmgfurth J,fi, been heard;at'ihe staff;,evel v t this, point
_- . _
the proffers du not address what happens if the proffered ;;agreement does not
maferialize:, At _k minimum, staff wouIdRsuggesf an ,addrttona] proffer ,that;, would
'� rest rict='deuelopment without.: an executed, revenue sharing a'greemenf between `the
County andthe appl�cant- .
u
3•:
s r10. Narrative comments in the proffer., statement -Staff would continue to ,note that
.. a,
September 2'4,, 20J 4
•
COUNTY of FREDERICK' ..
= Depar,;tment of "Planning; and :Development
540/665-568i
FAX: 5:40/665 =63. S
Mr.,. Thomas Moore Lawson
E
Lawson and Silek, P.L C.
R.O. Box 2740
Wirichesfer, Virginia 226.04
RE Rezoning #02,14:.6f the�Wri•tage Commons Project.(former Russell 150) Property
y
Ide'ntifi'cation Number (PIN) • 63' 7A =150; 64- A -40, 64 -A42
Dear'Mr. Lawson:
This letter contains my com ments ,on the, updated proffer statement 60v, the above noted rezoning.
received. in this office on 0018%204.4 at approximately 4:--00-. P--m-, and -with a revision date. of
September, IS, _20,14; Thank you `for, the opportunity `to comment- Please note that I am
commenting ,from,the transportation perspective.
My .comments are as follows:
1. The version 1. received did "not initially, ave a °GDP which 'was referenced in the proffers:.
However; a .GDP (unchanged from the_original)' was received in our office on September
23,, 2014 and. I swill consider that `asY the GDP being, referenced.,: lfffitisome reason ths`is
incorrect,`I can modifymy =commentsas needed.
2'. Regarding. the. GDP,` as I noted ;at the work `session on Septemher 3,; 20 °14, it denotes
several; entrances: that have ,not been modeled or; evaluated' and 'should be removed from
this graphic: Proposed entrances should -stand ion their own, merits relative to the
preval - mg,,,D:OT,staridatds fordesign Arid safety asw ell as local planning_: °and should not
bejp ro ffo les-s h at is ' Bemg.proffered is "more restrictive than: "the current,stdndard. I
do not have concern with the "updated general' aI" rimerit thatis shown. ,y
3`.. WY ile residential un ts',are capped ;''there is no such limitation of office° and, commercial.
This lea- ds me' to be' °concerned that this appl'icat'ion may not °be' iii ' oin"pl ance• with
Chapter 527 I" ha ,Ve,requesied a determination on "this "from VDOT. To avoid this issue, I
would recommend proffering. a development cap that would keep trip generation m' line
with what was :considered at, the previous rezoning. The currenf `narrative in, the third
ara ra h of section 4.does `not accom lisp 'this: Ri ht now
state what''the author 's mte ; retation of w g -that paragraph only seems to
Eo
P
rp hat studies have said, and what the applicant's
engineer',Iias said, and doesn't really appear'to profferanytling. As such; it likely'should
not be in the proffer., statement, but would more appropriately be: included' in another
portion of the•applicat'on
107 Nortt;Kerit,Street Suite 202 Winchester;. Virginia 22601 -5000
v
1V1rM Thomas; Moore Lawson
Re Rezoning Heritage:Commons:
September 24;:2014
4. As noted on Septerribe "r 3,,. 2014 the proffer continues to lack fhet detail; assurances; and
performance triggers thati were included in the existing proffer., The _existing proffer is
very specific in regards to' Teus, St, Airport Rd, Warnor Drive; arid.the bridge over I -81;.
This proposed"roffer relies instead on`,the GDP, which does riot include an appropriate
level of detail and does not have any per-formance,;triggers: While it -is ,clear that, the:
applicant, intend "s !t6 enter into •agreement with °thee County for revenue. sharing, there is, no
protection should theappticant and County be unable to come to terms., .I would note.that.
the existing proffer package guarantees the ,roads, detail's the roadways and performance
tri'ggers;, and notes ,that the -roads 'will be- built.even if the CDA T's, unable to do ,so.
5. This proposed proffer has `no mention: of fihe currently proffered bridge over -I -81 _..
6.: The proffered $1,000;000 m. funds toward the irat sportation system has been removed as
previously " "" noted on September "3; °2014.
7. Paragraph 1 of section 4 continues to place the° .County into `the' position of agreeing that
what is `being. proposed is substantially s milar'to what is already ", offered. As noted on
September 3, 2014, ibis is inappropriate.
Thank you for the opportunity to comment: If L can be of further assistance, please do not,
hesitate to contact me.
Sincere
.JohnA "Bishop;;AIC�%
Deputy Director - :Transportation
JAB/pd
�C J C911
gW4J f�,� COUNTY of FREDERICK
Department.of.Planning ,, and Development
540/665 =5651
J38 FAX: 540/,665 =639,5
September 23, 2014
Mr. Thomas Moore Lawson
Lawson and Silek, P.L.C.
P.O., Box. 2740
Winchester, Virginia 22601.
RE: Rezoning #02- 14,of'the Heritage Commons Project (former Russell 150)
Property Identification Number (PIN): 63- A450, 64 -A10 64 -A -12'
.Second Comments
Dear Mr. Lawson:
I have had the opportunity to review the' revised proffer for the. Heritage Commons
project , dated September .7, 2.013 and revised September 18; 2014. Staffs review
comments are listed below for your consideration. A revised modification document and
GDP were not provided with this submittal and therefore staff s. previous comment letter
dated =September 12, •20.13 should also, be�referenced.
Rezoning Comments
1. Proffer 2 Uses, 'Density and Mix. As stated in staff's September 12, 20-13
comment letter, `the; proffer should show a maximum and; minim- um °percentage of
commercial and residential acreage being proposed, with this rezoning. This area
is proposed to consist of business /commercial and residential land uses and
therefore, B3 (Ind'ustrial Transition) uses should be prohibited on the site.
2. Impact on Community Facilities. As previously stated in staff s September 12,
2013 comment letter, as part of your rezoning package a market and fiscal impact
analysis was submitted, that showed' a positive fiscal gain; however, there is no
proffered phasing or requirement that the commercial portion be constructed
before the residential. The development impact.model projects a negative °impact
of $1.3,062 per single family attached unit and $11,330 "per nititifamily unit on
County capital facilities. - Therefore, based on the unit cap of proffer '2C, the
potential 'impact the residential units will have on County .facilities is $13:9
million. The ,development should not• utilize the future potential tax contributions
of the. commercial .landbayss to offset the residential landbays without phasing the
commercial to 'be built in conjunction with the residential.
107 North Kent Street, Suite 202 • Winchester, Virginia 2260;1= ,5000.
N1
Page 2- .
Mr.'Thomas-Moore Lawson
RE ::Rezoning °of Heritage Commons,
:September .23, 20,14
3. Updated Fiscal Impact Analysis.. Staff was advised that the Fiscal Impact
Analysis was updated -to ;address inaccuracies in the input data. To date. staff has
not'received a copy of this updated document.
4. Monetary Proffers, Omitted from New- 'Rezon'ing. As stated in staff's
September 12, '201'3 comment letter, it should be clarified why the new rezoning
application has removed- the following - previously proffered monetary proffers:
0 $ 0,000 to Fire. and Rescue
$3,000 per unit for Schools
• $2,500:HOA.start:upproffer
• 1 million for the general transportation fund ($3',500 per residential unit)
5. Proffer 6 — Recreational Amenities. As previously stated 'in staff's September
12, 2013 comment letter; this proffer speaks in general terms of what could be
constructed as recreational amenities for the project, but does not commit to
construct anything. Unless the: owner is proffering a specific amenity, the proffer
should be eliminated and the. recreational unit type would be specified at the
MDP stage. The proffer also states- that walking, trails, and sidewalks will be
provided within, the community; the trail. locations should be located on the GDP.
Please note that sidewalks along roadways are -required by County Code,
6. Proffer 6 — Phasing. The revised phasing proffer states that the applicant would
need to apply for and receive a building; permit for 50,000sf of commercial in
Order to construct the first 300 multifamily units. The proffer also states that this
50,000sf
truct he 600 or would eater mult famil onunits ted before the applicant .
th
greater y This proffer does not.
guarantee the construction, of any commercial square footage to offset impacts
from the first 300 residential units ;. it simply guar anteesahat a'building permit for
a commercial use would be obtained. A more appropriate proffer should address
acquisition of a Certificate of Occupancy for the commercial use. As written, the
proffer would allow the construction of 599 multifamily `units and 184
townhouses prior- to any commercial development being constructed. This ;is not
consistent- with the - Patz suggested phased approach to maintain economic
balance; nor does this phasing proffer guarantee to offset "impacts from residential
uses. As written, the, phasing proffer provides little if any benefit to the County
and.development. -
7. Mixed Use ,Development. The proposed R4 ,zoning being sought with this
rezoning .application would enable a.mixed use development; however;' #here: are
no assurances within the proffer 4 statement that a, core /town center area will be
provided. As proffered, the development would be a traditional residential and
commercial project, with the uses being clearly separate from one another.
`Page -3
Mr , ThoinaslVloore.= Lawson. -
RE Rezoning of Heritage Coinihons
Sept0inber 23; -20 ] 4
Other
8; Transportation Commnts
e. Please note that transportation comments on. the
rezoning application fromti John, Bishop, Deputy Director, of Transportation; are
being provided to you in'a `separate letter:,
9. Agency Comment's Please ° rovide updated
k p- agency: comments from the.
following (based on the 'updated proffer ;statement) Virginia Department of
ti Transportation, Frederick.County.Departmeni of Public Worlcs Frederick County
Fire Marshall, Frederick County= Department of Parks and Recreation, Frederick
County Sanitation Authority, Frederick. Winchester'Health;Departrnent' Frederick,
_ County Public. Schools, the local Fire and Rescue: Company and.° "the. Frederick-
Winchester Service' Authority. Once attorney comments, are :received 'by. the
Planning Department, they will'be forwarded to your offce Attorney comments
are re
quired for scheduling of the. rezoning application.
Please feel free to coritact me, w ith questions. regarding this, application::
Sincerely,
r
Candice E. Per ins, vCP'
;Senior Planner
CEP /pd
:.i
t
COUNTY of FREDERICK
Dpartmentof Planri-inIg and DeveAqpmehf
540/ 665-5651
Fax: 540/ 665-6395
Deternberl, 2014
Mr.Thomas Moore Lawson
LaWson,ahcl Silek.,, P.L.C.
P:O, Box 2740
Winchester,'Vi.rginia 226104
RE Rezoni-ingIO2-1401h,e Heritage "Commons , Project (formes Russell 150)
Pro perty� I do fitific-a-06-on-, Number 64-7x1oj'64,A-12
Dear Mr. Laws6ftt
Staff is currentl" y fina-1 izihg t he staff re port for,th is a0pli- c tio4, Which is� scheduled for a
public hearing before, the Board of 5uoervisors on-'December 10, 20:14., Whilel the staff
report will; be outlining a number of "concerns ,still present with the, rewriiqg,appjication
(Which have beeii proyidiA. to. •yjbu ii! 'previous correspondence), there are two pri-mary,
impacts that are p rese nt,with-thi's rezo ni ng ,a ppl icatio n that-staff,fee fs:neecl to. be reiterated..
The, Heritage, Comm g fails tul;acldress,the, impacts Io the Frederick
-,.Qns mNlRin-
County, Public School Sysiom,aild theAtzins'portMiori iftipatts%
1. Fiscal Impacts: The negative fiscal impacts as�sOclated, Wifk the reside-ritial Uses
proposed on the peooefty°have not been satisfactorily addressed.
2. Transportation Cdh'cernsn, The proffer statem-ent, does, 'aot.,, provide for the
construction' of any the necessary; roadways sWithln the, -Heritage Commons
c of
development. The roadway construction proffers ,continue to remain ;solely reliant
uDon, a revenue, s . harin,4:ap-rLsement�(diavelooer-countv agr , eementYthaf,dues not.vet
exist, and,there are no °proff e L d.conmithents. fhat.guaranto&lh'at the developer
Wil[ccibsttact roads prior Ito' develdoment:o-f comme 1, r _ cialr Uses.
Fiscatimpacts
The negative fiscal` imoajcts associated With 'the residential.'Usles, proposed ',66the property
have061- been
The Market and, �Fistal,lh pocts,,Anal is IOF/A)!,aUth6ned by S. Vatz 'a'rid AssbeiJtos; :clated
August 2014 and revised-November 3, 2014 is based on the develop
ment's proposal of
11qusiinig, units and'700.600 square` feet; cif commercial,
cle,,Velbp,ment, including a new
Fire-de'r.1, i Gk-:COtinty Offi ce, bbildirig. The 1 ;`200. Kid-u-sibg units in-c1 a L-:,l, 050 , d.0 a rth) eb ts a n c1l 50
townho-uses.. The commercial -soace,is:modplEA on: 220000 scloare feet (county office and
developer sponsored 701000square faQi building); 390j600 .'sjuare feet office 'and 100,060
107 North Kent Stred, Suite'202 * Winchester; Virgt'qi*4 22601-5000
Page :2
Mr. Thomas Moore Lawson
RE_1 Re- n" - 'q f V_ eg
itage Gomirnbns.
Rec6mber l, 2014-
,square feet, retail,. The' -a F . IA evaluates On-site and off7site, revenue and expenses
p I icaft s
p . , M
fof bUild-out; build-out is :projected to,occur, over :a - 15-year period: The applicant's M. FIA
projects an annual net fJ scat benefit .of$,3j173 610,4t: Wld=dul.
The, phasing proff6r.does, not a-chievewllzit the Patz rnodeC is utilizih
Kto,achipyelhe positive
fiscal gain. As written, the pfqff,er- would allow the c-bristwctibn- of''60G multifamify
resid6ritial units 'and 194 townhouses with the construction of 10Q -000° square 'feet of
commercial, area. This, phasing, prpffee`is,rfot consistent with the Pdti,siiggfested phased
approach . to hidintain. economic, balance; ; nor does this phasing` prpffer. -gyarante t offset
�e, 0. — I
impqcts-frpmresidentidl uses. !f�ihe'applitantwant�s,tiDr�e�V he outedinLe of the Patz
ph t
'study,, the applicant" should be proffering to implement the,Patz study As written, the
p , f I I - �t - - #Y-1 I
phasing proffer provides. little if any bene.fit,to the Co 'Untyr
County' Development, Impact Model
The County's DeVO4pment Impact Model (DIM,) is ut,1112ed to project the .capital fiscal
impacts that a 'residential 7 ial deVe 160 MY efit will . lace on the counky, over, a.,20 par period,
P -Y
Through an extensive review j'.n_,- fhe'01M, ,reaffirmed' that ;the DIM
projection Would On's,ider"residehii'al capital fiscal impacts ,,.a'hdwouId. not consider credits
for commercial components of'a development proposal.. On June. 25 2014; the 'Board of
Supervisors adopted the updatp,d,O1M'f6,r Use in FY2614-.
The following is ,a breakdown of the: projected impacts per dwelling Unit, for each, capital
'facility!
Capital faitilitV, 'Town home Apprtirrient
Fire and Rescue $412'
General Government
.... . ...... .
rublic6af,E0 $0
.. ....... .. .. ....
Library $379
F..; ............. . ..
1:1
Parks and Recreation; - , $1,3'32
School "Construction 11 281. 10535'
To.ta 11
$1311437 $1-12,6_97
When applied to the residential ,mix used in the Pattrepor t (1;050 apartments and .150
townhouses );, the DIM' This
octs 'negative capital fiscal, impacts of 34 400.
projection solely considers capital fiscal irripads_! the -DIM projects, that operational fiscal'
Page
r 'fh6hw� W
., s Moofe, Lawson
RE:Rezoningof'Heritage Cbm
D&eh)bier,-�,l 2014
impacts are ge'herally, rbuthi,'great& a,nd col],ETt1ye1 I y''exce.e4thO tax, reVRnu&generated by
the multifamily resiclenti& use by ajActor-cif'21.
je�cts. that 0, M",Ulthmily and
In applying the DIM using the phasing proffer; 'the DIM 'pro 39
5QYQQQ square feet commercial, 'could result in a -projected annualc negative impact of
$400,,,000.
Transportation Concerns:'
The proffer statement does 1n&f_ provide—for the construction Of any .of the necessary
roadways Within the Heritage Commons development-. The, roadway construction proffers
continue to remain,solely,'-reli'ant. upon a'revenue. sharing,agreemeht that dbes.noi yet exist.
At a :minimum,, staff,'Wo,'Uld suggest a'n O'c1clitidnal. proffer that would restrict development
without an executed reVenu&sharing agreement between the COURT_y'a_rid the, applicant.
The current proffer slibuld clarify I thait`deVeIqpm6ntt will hotloccur4head ofimplementat-ion,
of the transportatio.rj. system. 'While -some concurrent ,'dey Q p rin '0
nt as the transportation
system is being constructed would„ be sensible, protections sho.-61d be in place so that
significant d6velooment,could not occur ahead of key roaft
ayfco,n_nec_ti6n,s beiLng,.jn place:,
particul-arl'ythe, b,riclge over 1 =81:
The proffer& lack, a commitment to construct, the :ro -ad network,, and ;a phased approach
when the. network, would 'be: corisitucted. This could result 1h the development of
residential and cdffrylerdal units Without realizing the:'constructi'6,n of,anylpf"the necessary
road :network. Without the putsicte_,qgreement; the peoffo&' contain no commitments that
the'deyeto
provemehft.
Please contact staff rsbould you'llh-ave any questions.
Sincerely,,,
Candice E., Perkins; 'A -1 C P John Bishop, AICP
o
Senior Planner Deputy Director — Transportation
CEP /pd
bcci John k , -. Riley;
in.-5 Co.-'hty Admilnistrdt6r.
Frederick County B6a.rd of"Su'peryisors
5. ,,Pam Deeter'.
To;' Charles S DeHayen. (cdehayen " " @crosslink.net)
Subjects: ;Heritage Commons' Project
_-
Attachments SKMBT_PLAN14120114581.pdf
r
Good'afternoon';
i ha.ve attached. a letter frorSi Candice Perkins and John -Bishop addressing concerns; over the Heritage ii Cornmons, Project,
The'letter will be emailed;to Mr. Ty' Lawson. If you'have °any questions, please contact this office.
Pam,. Deeter
Fredenck:County Planning Dept.
1VA Kent '..Street,'Suite,202
Winchester, VA 22601
540= 665 - 5651
1
Pam Deeter
- _ 3
_ Toc John Riley; .Richard,C 'Shickle (rs'hickle @gmail.com); Gary Lofton (gary @garyloftonsorg);.
Robeit.Hess (rhess @co.frederickeva us); Robert`W: Wells (robertwel(s946 @.comcasf:net);
Chris Collins; Gene E fish (gfisher @.visualii'nk.c ' "
Subjects: Heritage Commons; Proiect
= Attachments: SKMBT_PLAN14 -1 01145$1.pdf
Good afternoon,
d `have attached.;a, letter from Candice Perkins and John Bishop;addressing :concerns over the Her,itage? Commons Project.
. Tjl e: letter .will be mailed to: Mr. Ty Lawson'- Ifyou questions, please contact the this office
Pam, Deeter
Frederick' County. Planning Dept.
'107 "N. Kent.Street, Suite 202
Winchester, "VA.22601
5-40- 665 -5651
I h
I
. Pam D'eeter- _
From: Nl ccosoft 0ut1ook`
Robert Hess
Sent Monday; December O1 2'01-4,1-17? 17' PIVI'
Subject:, Delivered: Heritage Commons Project
1.60r'message has been delivered to the following recipients:,
Rober "t�Hess +(rhess(a?'fcva.us) <mailto.rhessCa):fcva.us>
Subject: Heritage "Commons Projecf
1-
.Pam.. Deeter
Fr,_om: Microsoft Outlook
To: Chris Collins; John Riley"
Monday, December dl, 2014 3:17 "PM
Subject: Delivered: Herifalge:Cdmm, ohs `Project
Your m6s_s.age has been, delivered to the follovJmg:,reci,pients?
Chris ^Coili'ns (ccollins @fcva.us) <mailto;ccollins @fcva:us>
John Riley (riley @fcva.us) <mai Ito, riley @fcva:us>
Subject: Heritagei Commons Pro eef
1 '
Pam Deeter
From: Mail Delivery System < MAILER = DAEMON @co.frederick:va.us>
rshickle@ gmaiLeom ;,ObertweIls946 @comcasi.net; gfish,er @yisuallink.com;
_ ,gary @'garylofton.org
Sent: Monday; December,01, 2014.3 °17 PM;
Slit jeet:; Relayed: Heritage�Corn- m -on -s Project
Delivery tothe "se recipients or groups is complete,.but no delivery notification was sent by °the destination server:
r, lhickle @gmail com,
robertwells9469,comcast. net'
gfisher @.visuallink.com
ga ry @ga rylofto n. org
'S'ubject: Heritage Commons'Project
i.
Pam Di efer* ' _
From.:, Mail, Delivery'Sy "stem eM'AILER= DAEMON @co._frederick va us>
To cdehaven @crosslink.net
Sent:- Monday;, December Ol, 2014 3:1`9 'PM
Subject: Relayed" Heritage, Commons Project
De(ivery;to.these recipients or groups "is com'plefe; but'no:delivery,notifieation was sent by the destination,serve_r.
cd'ehaven@crosslink.net
Subject., Heritage Corrimons P"roje"ct
T
Pam 6ieter
From: cdehaven @crosslink.net
To, Part Deeter
Sent: Monday; Recember. -01, 2014 "3 :36'PM
Subject: Read: Heritage Commons Project
Y6ur message
To:
'Subject: Read.: Heritage Commons Project
Sent: Monday, December 0l, 2014 334:26 PM,(.U:TC= 05:00) Eastern'Time (.US &:Canada)
was read on Monday,'Decerr bert0l; 20143:36:11 PM.(UTC= 05:0.0) EasternTime�(US'& Canada).
Pam ,DeOol
From: John- Riley
To = Parn Deeter
Sent:: Monday, December Ol, 2014 4:14: PM '
Subject :+ Read`_ Heritage Commons Project
Your,fnessage
T,o: °John Riley-
Sub . ect:, Heritage Commons,P'roject
Sent: Monday, December 01,.2014 „3:17:02 PM (UTC 05 :.00) Eastern Time (US &,Canada)
was read on Monday, December 01, 20'144-113:45 RM (UT:C- 05:00) .Eastern Time (0$ & Canada).
Pam Deeter,
From: Robert H'es's
Toy Parn,Deeter .
Sent;: Monday, December O1, 2014 9`.53 PM
Subject: Read: Heritage Commons Project
`Your message
To ,- Ro'bert Hess
Subject: Heritage Commons Proje�ct
Sent: Mond"a. ,;December 01 2014 3:17:02 P,M UTC= 05:00 Eastern °Time US' &'Canada ,
Y ( ) ( )
was read on Monday, Decerriber..01, 2614 9:52,:44 PM (UTC- 05:00) Eastern °Time (US 8, Canada).
1'
December 1, 2014
Mr. Thomas Moore Lawson
Lawson and Silek, P.L.C.
P.O. Box 2740
Winchester, Virginia 22604
B HLE COPY
COUNTY of FREDERICK
Department. of Planning and Development
540/ 665 - 5651.
Fax: 540/ 665- 6395'
RE: Rezoning. #02 -14 of the Heritage Commons. Project (former Russell 150)
Property Identification Number (PIN) :A63 -A -150; 64 -A10, 64 -A -12
Dear Mr. Lawson:
Staff is currently finalizing the ;staff report for this application,. which is. scheduled for a
public hearing before the :Board of Supervisors 'on December 10, 2014. While the staff
report, will be outlining a number of concerns still present with the rezoning application
(which have been provided to you in previous correspondence), there are two primary
impacts that are present with this rezoning application that staff feels need to be reiterated.
The Heritage Commons; rezoning application fails to .address the impacts to the Frederick
County Public School System and the transportation impacts.
1. Fiscal Impacts: The negative fiscal impacts associated with ,the residential uses
proposed on the property have not been satisfactorily addressed.
2. Transportation Coftern"s: The proffer statement °does not provide for the
construction of any of the ,necessary roadways within the Heritage Commons
development. The roadway construction proffers continue to remain solely reliant
upon a revenue ,sharing`agreement (developer- county apreement) that'does not vet
exist and there are no proffered commitments that guarantee that the developer
will construct roads prior to development of residential and commercial uses.
Fiscal Impacts
The negative fiscal `impacts associated with the residential uses proposed on the property
have. not °been satisfactorily, addressed.
The Market and Fiscal''t ipacts Analysis (MFIA) authored by S. Patz and Associates, dated
August 2014 a.nd revised November 3, 2014 is based on the developme_n,t s proposal of
1,200 housing units an"d 700,000 square feet of commercial development, including a new
Frederick County office building. The 1;200 housing units ^i'nclu de 1,050 apartments and 150
townhouses, `The.commercial space is modeled on: 220,000 square, feet (coun'ty office; and,
developer sponsored 70,000square foot building); 380,000 square feet office; and 100,000
107 North Kent Street, Suite 202 * Winchester, Virginia 2260,1 -5000
Rage 2
Mr. Thomas Moore Lawson
RE: Rezoning•of Heritage Commons
December 1, 2014
square feet retail. The applicant's MFIA evaluates on -site and.off -site revenue and expenses
at build -out; build -out is projected to occur over a 1'5 -year period'. The applicant's MFIA
projects an annual net fiscal benefit of $3,173,610 at build-out.
The phasing proffer does not achieve what the Patz modef is utilizing to achieve the positive
fiscal gain. As written, the proffer would allow the coristruttion of 600 multifamily
residential units and 184 townhouses with the construction of 100,000 square feet of
commercial area. This phasing proffer is not consistent with th.e.Patz suggested phased
approach to maintain economic balance, nor does this phasing proffer guarantee to' offset
impacts from residential uses. If the' applicant wants to rely on the outcome of the Patz
study, the applicant should .be proffering to implement.. the Patz study. As written, the
phasing proffer provides little if any benefit to the County:
County 'Development °Impact Model
The, County's Development Impact Model (DIM.) is utilized to, project the capital fiscal
impacts that a residential development will place on the county over a 20-.year period.
Through an extensive review in 2013/2014, the DIM policy was reaffirmed that the DIM
projection would consider residential capital fiscal impacts and would not consider credits
for commercial components of a, development proposal. On June 25, 2014, the Board of
Supervisors adopted the updated DIM for use in FY2014.
The following is a breakdown of'th& projected impacts per dwelling unft for each capital
facility.
Capital facility Town home Apartment
Fire and Rescue $412 $418
General Government $33 $33
Public Safety $0 $0 1.
`Library $379 $379
Parks and Recreation
$1,332 $1,3132
School Construction $11,281 S10,535
Total
$13,437 $12,697
When applied to the residential, mix used in the ;Patz report (1,050 %apartments, sand_ 150
townhouses), the DIM projects negative capital fiscal impacts of $15,347,400. This
projection solely considers capital fiscal impacts; the DIM projects that operational fiscal
,Page 3,
Mr. Thomas Moore Lawson
R- Rezoning of Heritage Commons
December 1, 2014
impacts are generally much greater and collectively exceed the tax revenue generated by
the, multifamily residential -use, by a factor of 21.
In applying the DIM using the "phasing proffer, the DIM projects that 300 multifamily and
50,000 square feet commercial could result in a projected annual negative impact of
$400,000.
Transportation Concerns:
The proffer statement does 'not provide for the construction of any, of the necessary
roadways within the..Heritage Commons development. The roadway construction proffers
continue to remain solely, reliant upon'a revenue sharing agreement that does not vet exist.
At a minimum, staff would suggest an additional proffer that would restrict development
without an executed revenue sharing agreement between the Countyand the applicant.
The current proffer should clarify 't hat- development will not occur ahead of implementation
of the transportation system. While some concurrent development as the transportation
system is being constructed would be. sensible, protections should be in place so that
significant development, could not occur ahead of key roadway connections being in place,
particularly the bridge over I -81.
The proffers lack a commitment to construct the. road network, and a phased approach
When the network would be constructed. This could result in 'the development of
residential and commercial units without realizing the construction of any of the necessary
road network. Without the outside'agreerrent; the,proffers contain no-commitments that
the developer will construct the necessary road improvements.
Please,contact staff should you have any questions.
Sincerely,
Candice E. Perkins, AICP' John Bishop, AICP
.Senior Planner Deputy Director— Transportation
CEP /pd
bcc: John R. Riley, Jr,., County Administrator
Frederick County.Board of Supervisors
December 1, 2014
Mr.. Thomas: Moore Lawson.
Lawson. and Silek, P:L.C.,
P.O. goX 2740
Winchester, Virginia 22604
COUNTY of .'FREDERICK
Department of Planning and Development
540% 665 -5651
Fax: 540/ 665 -63g5
RE Rezoning402 -14 of'the Heritage Commons Project (former Russell' 150)
Property Identification Number (PIN) :63 -A- 150 „64 -A10; 64-A.42
Dear Mr. Lawson :;
Staff is currently finalizing the ;staff report, for this application, Which is-scheduled for a
public hearing before, the Board of S`upervisors on; December 10, 2014. While the staff
report Will be outlining a `number of ,concerns still present with the rezoning; application
(Which have been 'provided 'to you in previous .correspondence), there, 'are two primary
im "pacts that are present'with this rezoning applicat_i,on that stafffeels need to be reiterated.
The Heritage Commons rezoning application fails to ,address'the impacts to; the Frederick
County Public School System and th_e transportation impacts...
1. Fiscal Impacts; The: negative fiscal impacts associated with ;the residential uses.
proposed on the proper,y have not been satisfactorily addressed.,
2.1 Transportation .Concerns: The proffer statement does not provide, for the
construction of any of the ;necessary roadways within the'. Heritage Commons'.
development.-The roadway construction proffers continue, to .remain solely, reliant
upon a revenue shariIri a0eerhent (developer. = county agreement) that does not vet
exist and' there are no proffered commitments that guarantee that the developer
will construct roads, prior to development of residential andcommercial uses.
Fiscal impacts
The' negative "fiscal impacts associated with the residential uses proposed .onlhe Property°
hav6�hot'been satisfactorily addressed:
The. Md4et,and.;Fiscal Impacts Analysis (MFIA); authored by S. Patz and Associates, dated
August: 2014j;and revised ;November 3, 2014 is based on the development's proposal of
1,200 housing` units and 700,0100 square feet of commercial development, including a new
Frederick County office building' The 1,200 housing units include 1,050;apartments and 150
townhouses. The commercial space;is modeled on: 220, 000squarefeet (county office and
developer sponsored 70000square foot building); 380,000 s-quarefeet - f
fice; and '100,000
10.7.North Kent Street, Suite202 • 'Winchester, Virginia 22601- 5:0:00
Page 2=
Mr. Thbmas Mbore-, Lawson"
RE :;Rezoning of. 'Heritage - Qdrfirb.dlhs
D'eternberl, 20A
,square feetretail. The applicants:MFIA,evaluates on-site, and off-site revenue and expenses
at bUilcl-dUt', build-oUt is, projected to,,Oc-cUr over a "15- ear period. The applicant's MFIA
projects awannual netfiscal bene fi it of $3,173,610 at build -out. .
The phasing, proffer cloes,nOtachieve –h-atthePatz m6del'is-litili2in , g. to, achieve the positive,
fiscal gai - ri. . As Written.,-, the 'proffer would allow the cogstructiop of 600 multifamily
residential. "units and 184 townhbqses With the construction., 'Of' 100,000 square feet of
commercial urea., This,.phasing, proffer is, not consistent with -the Patz sagVested phased
approach; -o maintain ec.onorriicbolaripe, nor does this phasing proffer ggarantlee to off set
impacts from residefitidl., Uses. lf,Ie .0pplitant'Ndrts, to rely on the outcome of ,the Pain
study,, the,, oppikant, should beproffqing to implement the, Pdtz study: As Written, the
phasing proffer Ord ides Little itany
benefit to the County.
County Developmentilryipact-Model`
The County's D'evelo'pment Impact Model (DIM) is -ufilized, to project 'the 'capital fiscal
impact$ that 0 residential developmentr Will place on the -county oVelt 6 20-year period..
Through, an extensive; review ,in '2013/2014j the.; DIM policy was reaffirmed that the ,DIM
'projection would consider residential capital. fiscal impacts and' would" not consider credits
for,cornme-rciail- components of a development proposal. 'Oh, June: 25 2014, the Board of
. - _ _ components , I I -, -- i 1 1
Supervisors; adopted the updated DIM f•r use in.FY-2014.;
The ;following is a brea.kdown. cf the projected, impacts per dwelling unit for each capital
facility.,
Capital facility Town Home. Apartment
Fire and' Rescue $4,12
6'erieral Gbv,'iEThrh`On_t $_33 $33
Public'Safe'ty $0 $0
Library ..... - - -- — ---------
$379 $`375
•When applied .',.,to ,,fhe'rL-sjoentioI mix. used in the Patz report, (1,050 apartments and 150
townhouses),,, the ,DIM pro ft ets hegati0e capital fiscal imptlets: of $1 347,,400. This
projection solely considers c @pita fiscal impacts; the DIM projects op erational fiscal
P_age`3
Mr Thomas Moore Lawson.
RE- Reioningof Heritage:C6mmons
Tiecember;i=,.2014
'impacts Are generally much greater and collectively exceed the tax revenue: generated by
the rnultifamily`residential use by,aJactor of 2:1.
In applying.'the DIM using the phasing proffer; the DIM, projects' that 30a multifamily and'
50,000 square feet commercial could result in a projected lahnoal ; negative impact of
$400,000.
Transportation Concerns:
The proffer ;statement does not provide for the construction; of any of the necessary
roadways within the Hentage .Commons 'develop"ment. The roadway, construction, proffers
continue to remain - solely reliant.uaon�a revenue sharine;a>?reementIthat,does not vet exist.
At a minimum; staff would Rsuggest, an a`d'ditional; proffer that would restrict development
without an executed revenue; sharing ag "reen'ent between the County and the. applica "nt.
The current proffer shout, "d clarify that- development will notooccur ahead.of implementation
of the transportation. system. While some concurrent development °as the transportation.
system is being constructed, would be sensible, protections should' be: in place, so that
significant development could not occur ahead of'key "roadWaiy co "nnections being in place,
particularly the, bridge over 1 -81.
The proffers lack a commitment to construct:' the, road network, and a' 'phased approach
when the network would be constructed. Thi's could' result: in the 'development of
residential and commercial units without realizing the. construction of any of the necessary
road .network. Wit'ho'ut they outside agreement, the: proffers contain _no -commitments that,
the developer will construct"the necessary.raad improvements.
Plea se,contact;staff shouldyou,' have any questions.
Sincerely,
Candice E Per ins,;AICP Johrr Bi`sho'p; AICP'
SenidrPlanner Deputy Director — Transportation
CEP/pd:
w , •� .- ..COUNTY of FREDERICK ,
A 1<0 - -
_ .
' - - Departmentof, Planning and-�Development
® 540/.665 -5654
17778 38
kµ _ :FNX: 540/665= :6395 .
_ � - ` _ -. -
November it,-2U 14
Mr. Thomas oore- Lawson
M f
`Lawson and- Silek, P.L.C'.
P.O. Box 27.4'0 : -
r Winchester, Virginia 22604
RE =:- Rez6ning. #02 -14 of the - Heritage Commons'Eroject'(former Russell.150 }
Property Identification Number (PIN): -.63 -A- 150,,64 -A1;0; 64 =A -12
Dear Mr. Lawson; A
-1: have had t4e.'opp6rtu6ityto,r6iew -,the revised proffer. for the Heritage Commons project
- 'dated - September 7;,2013 and revised November -12; 201'4. ° Staff•ackriowledges that many of
. the- issues discussed at burmeeting on Monday; .November 10,, 2014 have been- addressed in .
- the revised proffer -;, however; there ,are .additional concerns still present with this rezoning
r
application. Staff s; review comments' are listed below, for, your .consideration-.
Rezoning Comments
1 Agency Comments. Many of'the=Review Agency concerns' and comments rerriain
unaddressed, .speci'fically VDOT, F.CPS, Parks and Recreation, County Attorney and
Public Works, -
2; Phasing and IM, aci on.- Community Facilities., The negative fiscal ; impacts,
associated with.. the residential .uses ;proposed on 'the, property have ;not been
satisfactorily addressed: The applicant,s•Market and. Fiscal Impact Ana, lysis,(MFIA)
b S. Patz &Associates 'shows - y a positive fiscal gain;: however, 'the . Patz report
utilizes full, build -out. of the commercial. and .residential landbays to achieve this.
figure (,15 +/ years, I ;200 market rate residential units, and 700 OOOsf of`commercial).
-The` phasing proffer does not iathieve what the Patz,, model is utilizing to achieve the
positive f seal. gain. - The MFIA also ;fails to have addressed concerns raised by the
Commissioner'of;the Revenue!and,the'Treasurer =so;;its results-are questionable:
-. 3. Access, W.Landbay 7. ;As currently depicted, access to this landbay will solely. be .
from Route 522., The.land use. table shows that this area (the^ largest landbay, within-
- ahe- development) could be. up to 90 %e residential and' is `proffered to contain all the
townhouses': -Staff'has concerns that all' the, residential units could be constructed
within ,this laridbay .,(Olus. corh.m0rcial)t and there wilhbe no access to Warrior,Deive
and-the main transportation network within the - development. _
4: Complap`ce with the 2030 Comprehensive Plan: The .land uses shown within
Iandbay_s.3 and 7 are not supported_:by the 12030' Co'mpreliensive Plan, The proffers
107 North Kent Street, Suite 202. Winchester; Virginia 22601 = 5000°
i -
Page.2 _
Mr. 'Thomas Moore Lawson
WE Rezoning of;Herhage Commons
November 1'7,'20'14
... ;.' show landb "ay 3,_ With mixed residential and commercial land uses, the' Comprehensive
Plan designates "this; area ;for employment .land ;uses. The proffers show landbay 7
(53.95 acres) with the :abi.lity to develop with 1.00% ,commercial uses." .The,
Comprehensive 'Plan shows the. entire area 'that encompasse' landbay, 7 as high
density.residentW'. lntroduc ng` commercial uses into landbay'? is: not, supported by -
the "2030 Comprehensive. Plan. b
5.
Mixed,'Use Development." The proposed R4 zoning being ,sought with this rezoning;
application would. enable a mixed use development; however; there are no assurances
-
withi;n' the, proffer statement that a core /town center area will be:_ provided,, As -
proffered; the development would be a traditional residential and commerc'W. project,. _
with the "uses''being clearly -separate, from one another:
.- - Transportation Comments
6. Remouat,of $? 0.00 OOO cash proffer trans ortation.;..'The Russell 150 TiA u on
p. P , -p
which this application ;is reliant. and references.with the, trips , -limitatioi proffer,moted
. sigriificani .offsite impacts. in ,addition to those that ,led to the proffered. needs of.the
Warrior Drive connection to the south, connection.to the north toward the Glaize•
;..: .
property; and, connection. to the City via abridge over 1 -81 This led to a $ f,00.0,Q00
cash proffer which 'is not in the current package;:
7: Development ahead, of transportation. The: current proffer 'should clarify that
development Will not occur .ahead of i hip l'ementation of'the transportation system..
Wh'i'le some concurrent development as the transportation system is being, constructed
would'be sensible; rotections should lie in lace so that. significant de
p p ve[opment
- could not gccur nn
ahead- of'key roadway connections being in place; particularly `the
bridge. overj_81.: _
8. Warrior Drive. - Consider adding •performance; triggers .tied. to development for the;
Warrior :Drive revenue' sharing agreement. Currently the, proffer ,gives no `when.'
regarding how this will; be" implemented..- The:` Counfy can; apply, for additional
revenue 'sharing funds for this project" as early ;as November 2015: .
Revenue ;Sharing Agreement: The - roadway , construction proffers t- remain solely .
reliant upon a revenue —sharing ring agreement that does not yet .exist: 'The' County draft
W as _rejected and °staff rendered eomment:on "a'subsequent draft. from 'the :applicanton
10/29/44. E Ioweuer. ngthing:`further has been heard.at the -staff level:: At thi's point;
:the proffers `do, ,not. address; .what happens. if' the proffered agreerent does riot
'materialize: At a minirr►um staff ;would suggest.an additional proffer that would
} . restrict. development :without; an : executed -.revenue sharing agree erne' nt between the..
County and the applicant.
10. Narrative :comments in the proffer statement.. Staff would_ continue: to,'note:,that -
Vag e -�.
Mr.,TKbmas.Moofe Lawson
WE Rezoning of Her`iwa e;Coinnions
November-13 2014; ,''
the narrative comments'in the proffer statement, that are not actual proffers _should, be:
;removed' and such comments conf ned" ,to 'your. write. up and /or presentation fo the
...,_. _ - .. Board. - -
_-Modification D`oeuinenf
11. 1VTodifica6o.n - #5. ' The decrease.of open space:from 310 to: 10 %'seems excessive.; The
minimum open space for. ;B2. .zoned developmentsi`s 1'S %and the:mini'mum`for mixed 1.
y widen tial'. ;development" is :30 %. The; pstif cation for' the mod'Ificat on _states that..
rooftop green spaces and amenities could be provided, however there - are. no proffers
or,guarahtees, that these',types of amenities will `be provided. 'This "modif cation has
.the, potential to, create a community with, no,ouidoor areas for recreation and /or open
s ace:
p G Please note, that open. spaces do not have -to be green areas, they_can consist: of
central.-Plazas and square's and therefore a protfer`to provide these types of amenities
isoencouraged to _justify -any open-space modifications. The modification needs, to
include the total acreage contained within the stream valley,' and within the developed
portions of the; property. It' does• not appear.' that "the justification" provided'.supports _
the° request, for ahe reduction'.
12. MWifieati'ons. -_ The:.rezoding package indicate•§ that there is a desire to; build
residential. units connected to iwmmefcizd ,uni"ts (either on the second or- higher floors
or attached) As :discussed the, modification' document - should be updated - to, also
a11ow uses'and setbacks currently' allowed in the TN 0' er'lay'Distr`ict.
Please contact staff should°yo,,u have any questions..
'Sincerely, .
n
ice,E: Perkins AICP J.ohn:Bishop; AICP. `
Senior Planner f "Deputy Director - Transportation
CEP /pd
,John, R. Riley, Jr.,, County Administrator -
Frederick County Board' of'Supervisors
2.
Pam Deeter
T,o John Riley; Richard'C'. Shickle (rsh'i'ckle @gmaiLcom); Gar"'Lofton (gary@garylofton.org);
Robert Hess (chess @co.frederickva.us) Robert W.'Wells (robertwells946 @comcast.net);
Chris Collins--,Gene E. Fisher (gfisher @visuallink.com)
Subject: Heritage Commons
Attachments: S KM BT-,_PLAN 14111714'560:pdf`
Good afternoon,
Please disregard previous email. I have attached a letter from Candice Perkinsand`John' Bishop with comments
concerning revised proffer statement.
Pam Deeter
Frederick County Planning Dept.
107 N. Kent,Street, _Suite 202
Winchester, VA 22601
5407-665 -5651
1
Pam Deeter
To Charles�S. DeHaven (cclehaYen'.4crosslifik.het)
Subject- Heritage Commons
Attalchmenfs:� SK-MBT-PLAN141117145601.,pdf.
Good,afternoon
I have attached a letter from Candice Perkins and John Bishop address the revised proffers.
:Pam Deeter
,Frederick County Planning Dept.
N'. Kent'Street, Suite 202
Winchester, VA 2,2601
540-,665-5651
Pam Deeter
From: Mail Delivery System < MAILER- DAEMON@'c6.fred'er.ick:va.us>
To: robe.rtwe,lls946@comcast.net; Tshickle @'gr- hail.com; ga y @,garylofton.org
gfisher @Visuallink.com
Sent: Monday, November 17, 2014 3:00'PM
Subject;., Relayed: Heritage Commons
Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server:
.robe rtweIIs946 @comcast. net
rshi'ckle @gmail.com
gary, @garylofton.org
,gfisher; @visual li'nk.com
;Subject:, Heritage Commons
m
1
Pam Deeter.
From: Mail Delivery System <'MAILER- DAEMON, @co.fredeeick.va.us>
To:, cdehaven @crosslinkAet
Sent: Monday,.November 17, 2014 3:01 PM
Suopj ct.- Relayed:
Pam Deeter
From:' MAILER- .DAEMON @admin, on.i:com
To: cdehaven@crosslink.net
Sent Monday; November 17, 3,:02 PM
Subject: "Delivered: Heritage Commons
Your message has been delivered`to the following recipients:
cdeha:ven @crosslink.net
Subject: Heritage Commons
1
1
. u
Pam, Deeter
From: Microsoft Outlook
To: Chris Collins; John Riley
Sent Monday, November 17, 2014 3:00: P.M
Subject: Delivered: Heritage Commons
Your message has been delivered to the following recipients:
Chris Collins (ccollins @fcva.us) <mailtosccollins @fcva . us>
John Riley (jriley @fcva.us) <mailto:iriley @fcya.us>
Subject Heritage Commons
1
COUNTY 4'. FREI)VAICk
pepar, ment of Planning and, Development,
5401, 6.65 -5651
xujlyl 'FAX: 5401665-6395,
Noverriber X17, 20 " -14�
r
Mr. Thorfias Moore. Lawson;
Lawson And 'Silek;,P L`C'.
P:Q. BoX`2740
Wmchester,`Virgir, is 22604:
RE':' Rezoning , #02.14 of the;Heritage Commons Proleet (fo_r > >mer Russell 150)
Properiy'Ident fieat on-Nuinber (PIN): 63-A-150'9,64 .A10, 64 -A42
Dear Mr: 'LaWsonc. .
r f�
I have had the opportunity to review the revised pr'offer�for the.Heritage Commons project;
dated "September 7; 201'3° and'reuised November" 12,'2014', . Staff Acknowledges that many of
the Issues discussed at our meeting on Monday, November 10, 2014 hav "e been addressed in
:the revised ,proffer; however, there are additional 'concerns still present with this rezoning
!application. 'Staff s,'review .comments are fisted belo "w for „}your consideration.
F
Rezonmg'Comments,
1.. Agency Comments Many of the ReyJew Agency concerns and comments' remain -
unaddressed, specifically VDQT,'FCPS, P,,arks arid, Recreation; County Attorney and
Public Works.
2. Phasing and. In paet on Community. Raclin s� The ,fie`gative fiscal impacts ,
associated with the ,residential -uses:. proposed Jib,n the; p "roperty have not been
satisfactoril "y addressed: `'The applicant's Mar "ket and F�scal.Impact Analysis (MPIA)
by Patz; & Assoc�afes shows a positive: fiscal. gain;' however, `the Satz. report
utilizes "full build=out-,of the commercial Arid residential. Jan . I bay- `ta achieve this
figure (15 +/- years; •1,200 units and'700;000sf of commercial)'.
The phasing: proffer .does= not achieve what the Patz model ls iitilizingJa, achieve the
positive fiscal gain; T11e .MFIA also fails ta:have addressed concerns raised "li,y'the
Co'mmissionerof the Revenue and the; Treasur "er, so its results, are ,questionable:
3; Access. to Landliay 7 As .currently depicted, access to. th-s 1 "4ndbay will solely be'.
from'Roufe 522 The land'use table shows that t1i�s area_%(the largest Iandbay, within..
the development), .could be up to 90% residential' and is proffered to contain all the
townhouses_ Staff has concerns that all the residential umtsi could be constructed
W4. hin this 1'andbay (plus; commercial)' and there will be no aeee "ss to Warrior; Drive
and�the malnFltransporta`tion network °within the development:
4. ,Coin 'Hance with, 'the ,4030 Comprehensive Plain. The land' uses shown' °wit-hip
p
Undbays 3'and 7 ;are notsupported by the -2030 omprehensiwL Plana The proffers
. _ .. SFr
T07 North'Kent Street uit
Se 202 Winste cheVir iiia:22601- 500.0:
A
{
Page 2
Mr. Thomas Moore Lawson {
RE: Rezoning of Heritage Commons
November 17, 2014
show landbay 3 with mixed residential and Commercial land uses; the Comprehensive
Plan designates this area, for employment land uses.. The. proffers show landbay 7
(53.95 acres) with the ability to develop with I'00% commercial uses. The
Comprehensive: Plan, shows the entire area that.. encompasses landbay 7 as high
density residential. Introducing commercial uses onto 'landbay 7 is not supported by
the 2030 Comprehensive Plan.
5. Mile at on would en ble a mixed useode�eRo me i'ng being sought with this rezoning
pp , ` _ p nt however,. there are no assurances
within the proffer statement that a core /town center area, will be provided. As
proffer'ed,.the development would-be a traditional residen_ tial and commercial project,
with the.. uses being clearly separate from one another.
Transportation Comments
6. Removal of'$1,000 ;000 cash proffer,to transportation. The Russell 1,50 TIA, upon
which this application is reliant and references with,the.trips limitation proffer, noted
significant offsite impacts, in addition to those that„'l'ed' to the proffered needs of the
Warrior Drive. connection to the south, con'necti'on. to the north toward the Glaize
property, and connection'to the City via a. bridge over I41. This led to a $1,000,000
cash proffer which is not in-the current package.
7. Development ahead of transportation. The current proffer should clarify that
development will not occur 'ahead of implementation of the transportation system.
While some concurrent development. as the transportation system is being.constructed
would be sensible; r`otections should be, in so that significant: development
p plate.
could not occur ahead of keyy roadway connectionsi being in place, particularly 'the
bridge over 1 -81.
8. Warrior. Drive. Consider adding performance triggers tied to development for the
Warrior Drive revenue sharing agreement. Currently the proffer gives no `'when'
regarding how this will be implemented. The County can apply for additional
revenue sharing funds for this project as early as-November 20115.
0. Revenue'Sharing Agreement. The roadway construction proffers remain solely
reliant upon a revenue sharing agreement that does not yet exist. The, County draft
was rejected and ;staff-tendered comment on a subsequent draft from the applicant on
10%29/14. However, nothing further has been heard at the staff'level. At this point,
the proffers . ,.do not address . what happens if the pro "ffered agreement does not
materialize. At a minimum, staff would suggest an additional "proffer that would
restrict development without an executed revenue sharing agreement. between the
County and the applicant.
10. Narrative comments in the proffer statement. Staff would continue to note that
Page 3
W. Thomas Mop —re Lawson
RE =: Rezoning of Heritage.Commons
November 17; 20.14
the narrative comments in the proffer statement that.are not actual proffers should be
removed'. and such comments confined to your write up and /or presentation to the
Board.
Modification Document
11. Modification; #5: The decrease of open space from' 30 to 10 %seems excessive. The
minimum open space for B2 zoned developments 'is �15 %: and. the minimum, for mixed .
residential development is 30 %. The justification° for the modification states that
rooftop green :spaces and amenities could ber provided,, however there are no proffers
or guarantees that these:: types of amenities will be prodded. This modification has
the potential to create' a community with no outdoor,areas for,recreation and /or open
space. Please note that,.open spaces do not have to ;be,green areas, they can consist, of
central' plazas and.. squares and'there
fore a .proffer. to provide these types of amenities
is encouraged' to justify any ,open space modifications. The modification needs to
include the total acreage'contained' "thin the stream valley and 'within the developed
portions of the property. It does not appear- that the,justificafion provided supports
the request for the•reduction.;
12 -. Modifications. The, rezoning package indicates `that there is a desire to build
residential units connected to commercial. units (either on the second or higher floors
or attached). As discussed the modification document should be updated to also
allow uses and setbacks currently allowed in the TNDB Overlay District.
Please contact staff should you have any questions.
Sincerely,
166—E. P MCP
Senior Planner
CEP /pd
u .
4<v4,
_ C ®UN�TX of ,F1tEDERICK
Department of Plann nd ing a Development
5 401,605- 5651,
1738 _ . - - - - - FAX,:-5461,665 4345
September
r ' Mr Thorna "Moore: Lawson.
Lawson arid, Silek�
P O Box 2740
Winchester, Virginia 22601
Rezoning: #02 14°0 the Heritage Commons Project (former Russell 150)
;Property Identifi'cation Number (PI:N) 0 A_1 65 44 -AM'64 A -12
Saecorid Comments' ,
'Dear,lVlr.. Lawson';; -
-
. I have:, had ^,the opportunity to review the revised` .proffer for the: Herifage . Comrnoris;
project dated September 7 20:13 and revised September 18 201.4 S aff'srevtew.
L = comments are listed below for your consideration. A revised modification document and: .
GDR were not provided with this submt'ttal ;and therefore staff 's preu_i`ous comment letter n
dated September 12; 20'f33, hould. also dbe refeienccd. - a
' 1, Proffer 2. Uses,,iDensty and.,M A stated in staff's September 1,2,'20,13
s -
A
comment letter;`the proffer should show,a ri aximm,and rriinimurrrpercentage� of o
:corrimefcial and residential acreage; being proposed wiii--tliis� rezoning Tlii`s area
`,is, proposed to :consi`st of business' / commercial ` and resrderitial wand ,uses~ and
w
therefore,. B3 (Indus trial: Transition) uses should be proh bited.:on the site.
r
2 < Impact on'•:Community :Fac`ilities ° As previously stated, m staff's September. 12,
-' 20`13' coriiment letter, as `part' of yoitr.- rezoning package a market and' ftscal`- impact'
analysis was submitted that.• showed ':positive f seal ,gam, However, ''there is rio p
proffered = phasing,; or requirement .that, the commercial porfion, be constructed
before the residential The developmeit,- mpaet,modelprojects:a negatt've impact'.
" of $1`3,062,;per single: family attached unit and $'11,339; per multifamily unit on
:County capital facilities: Therefore; based on the unit cap of .proffer 2C, the
" pottential impact' he� :residential 'units will'„ have pn County facth =ties 9: y
;million The development should,.not ufilize`.tlie ,future =potential -tax ,co_ ntributions'
of the commercial.`:landbays, :to> offset; the-, residential landbays: without phasing fhe_ °-
- - -
> - eOn metotaf to be .built in conjunction with the residential:
107 North Dent Street, Suite 202; Wanchesfer Virginia 2260.1 -5000
Mr Thomas §Moore Lawson w `
RE Rezoning of Heritage Cbmmons +.
` September 23_; 201,4 • _ - - � . .
A Updated Fiscal Impact Analysis:. Staff was :advised that the; .F.iscal` Impact;
Analysis -,was updated to address inaccuracies in the input data. To -date staff.has
not received a copy of tliisupd "aced document:
r. ,4.' Monetary Proffers - Omitted from New .R'ezonmg. As, stated in, °staffs` .
September 42, 20'13 comment; letter„�t should be ,clarifi�e'd why the new rezoning .
appl'catrori has removed the�following previously proffered monetary proffers:
- -
,$ L0,000, to, Fire, Land Rescue
$3,000. pgvunrt_for School`s;
'
$2,506 HOA start up ;proffer
1 million for'the,general transport ation fund ($3;500 per residential `umt)
5, ;Proffer 6: — Recreatio.nal Amenities. As °previously stated m staff _s September
` 12; 20:13 comment letter,; this - proffer speaks in general terms of whaf :could.'be
constructed, as ,.,.recreational ameni ties for the 'project but does not commit >4b.'' .
"CO nstruct anything. Unless the owner- is•-proffering, a specific: amenity., the: proffer
,- :should, be, eliminated. aiid :th6� ox4 -recreational un t type,would.be specified,at °the;
by stage. The proffer, also states ,that walking trails and sidewalks will be
provided within, the ;community;. the' trail'locatio-ns should be located on the;.GDP.
Please - nofe that sidewalks aloh' oadways are required by `County Code,
6...' :Proffer 6 —Phasing. The revised, phasing; proffer ,states that: the applicant-would.
need to apply for aril Freceive a buildirig`pern it .for 50;000sf fof commercial in
order'to construct ,the first 100 -nu units: The, proffer also states. that this
;. w
S0,'000sf of commercial :•area would need to be; constructed -before the applicant:
could- construct the 600`" of greater ;multifamily units. This proffer does not'.
guaraneee the construction- of any, commercial square footage to offset :impact's
from: the first 300'.residentral units, it simply, guarantees that,ia.bmldrng perrnrtfor
a"commercial use: - -would be obtained; A more appropriate proffer should. address
acquisition; of a Certificate of Occupancy- for the commercial "use. As, written, the '
proffer would allow the construction of 599' multifamily- ;units arid- 184 .
townhouses prior to any: commercial development being .constructed.. This rs not
4 consistent Withg the. PAZ' suggested ,phased - approach to° maintain economic
balance,, nor' do - thi - phasmg proffer guarantee to offset.rmpacts from residential
uses As written,.'the phasing proffer provides little if any benefit to the County,
and 'developmentr.
7:Y °.Mixed Use :.Deevelopment. The,�,propos _ d; R4-_ zoning being sought with 'this
rezoning. applrcati'on would enable a> mixed' use development; 'ho "wever,, there are
no assurances wrthm the; proffer - staternenti that a coreltowri, center:ared` will.`be
4 rov ded. As coffered' the develo meet- would:. be; a traditio -nal resident' al.'and
p. p p
commercial:project, with;the °u
ses being cl`e'arly separate from one another':
s
Mr Thomas Moore Lawson
RE Reonmgo.,f Heritage Commons
September 23; 2014. _
'Other.
8.: Trans oetatioi
p" Comriments: Please note that: transportation cornrnents: on the
rezoning: application from,..'John Bishop, Deputy _Director of, Transportation; are
- being provided to, you in ;a,kp&ute.letter, -
9 - Agency C
omments. Please provide updated agency�.comments from. the,,
following '(based .on. the °updated .proffer,-. ,siatemerA 'Virginia Department of
Transportation, Fr,ederiek County Department of Public Works, Frederick, County
Fire Marshall; Frederick County Department. of ,Parks and Recreation, Frederick
y n tation;Authonty, Frederick = Winchester Health.D,.epartment; Frederick.
Count Sa
County Public Schools;, the local F {ire and:`Rescue, Company and ;the Frederick
Winchester-; Service ..Authority. Once attorney" comments are received. 'by `the'
Planning'Department, they will beyforwarded to :.yd' ":,offce.; ,Attorney corrimerits
"are required for- .scheduling ofthe',rezoning�applcation.
Please°feel freeto contact me, with questions: regarding this.,40plicatibry., .
Sincerel'y,,
Candice E. 6; 1 ICP`
Senior Rlanner
'CEP /pd.
"bcc; John. R, Riley;
_ Frederick Cotnty.Board,of Supervisors!
T
C a L 10;PL irkihs
nd_
From:, Ca.ndice Perkins
S'nU Wednesclay; October- 15
�,'2014:9:215 AM -
To ThoTas Laiwspn'
Cc Admin.; Admin. E . 11; John Bishop;. , 1 ft�Law . rence-
Subject; Heritage Cc.m.mons
Ty,
Following up Qnr Eric's ema-il -an.d.-Y6,ur-,e-mail,and,letter'dated October _10,2014,:'W'e:are currently Working on the Heritage,
Commons staff report for the November 5 th t meeting. SincejHe staff report must be finalized early next week, We will
not be issuing.another round of Written comments'for the revised proffers.
Also, at this time wL-,o n'ly,have signed and'notarized proffees dated September 2013 (revised I August 7, 2014). If you
9.
wou.1d like to have, the. proffers, with',the revision. dat.e.of Octob&,9, 2014 included with; the, agenda Olease,submit a
signed and no6rizecl'copy (,with a squa-re footage cap on sheet 7'ancl,all Exhibits) by-Friday.
Let me know if you have any questions.
_Qandice PerkiyS', AICP
Senior.Planner
Frederick CountV D6partment of
P lanning:&. Development
107 North Kent'Street
Winchester, Virginia 22601
(540)'665-5651.
(540) 665-6395 (fax)
cperkins@feVa.us
WWW.fcva.us
From: Edo Lawrence
Sent: Tuesday, October 14,,2,014 10:54 AM
To': 'Thomas Lawson'; anclite,Pci rkins
Cc: Admin.-'- Aclrnins 1
!Subjedt: Heritage, Commons
'
HiTy., This coming Friday, October ctob&r 1.7 !h cui--off foe a—rfy pFdffer-revisions to be included. in the Novemb r 5, 2014
PC rneeting agenda., Candic& will,nle,ed.to have her st-aff repo 0 inoleted by Monday,,October 2 01h, So that we ta6
distributed lffie agenda to the. Planning Corn, mission by rnid-4eek. Thanks.
-Eric
Rom: Thomas Lawson'[mailto tI6Wsoh(cbIsOIc;com]
Sent:, Friday, Oct6berjd, *2bi* i05 Pm.
To: Eric-, LaWrence,",John 'Bishop; Candice Rerkins; Joe \/Vild&
Cc: Adm.in.-.; A_aPitn': 1,
Subjiect:- Heritade., Common's
Please see. the-atta. G
heo.
Thank yo'u.
�v Thomas Moore•Lawson, Esquire
Lawson and Silek, P.L:C:
P.O: Box, 2740
Winchester, `VA 22604:
Oh: 540 = 665 -0050.
Faxv 540 -722 -4051
Email: tlawson(blsplctcom
The informeition,contained' in this message: is' information' intended only for the`Use of individual or entity named above,
and may be-attorney /client privileged and confidential: 'If the reader of'this message is not the intended recipient, you are
hereby:riotified that.any dissemination„ disteibution or copying of this communication is strictly prohibited. If you have
"received this communication in error, 'please'immediately'notify us by telephone and return the original message to us at
the above address.
i
i
I
I
2
LAWSON AND STLEK, ,P.L.C;.
120, EXETER, DRIVE, SUITE :200
POST oFFICE!Boxi2740.
WINCHESTFR; VA 12664
TELEPHONE: (540),665 =0050
FACSIPi1LE:;(540)'722' -4051 • T'HOMASD'100RL LA }VSON_• TLAWSONn.LSPLC.COM
October 10, 2014
Eric R. ,Lawrence, AICP, Director
John A. Bishop, AICP,. Deputy Director- Transportation
Candice Perkins, AICP, Senior Planner
County of Frederick
Department of Planning & Development
107 N, Kent Street
Winchester, VA 22601
Mr. Joe, C. Wilder
Deputy Director of Public Works
County offrederick
Department of Public Works
107 N: Kent Street
Winchester, VA 22601
Re: Heritage Commons `Rezoning Application
Our File.No. 1.050,:"001
i
VIA E-MAIL
Dear Candice and Gentlemen:
As promised enclosed plea_ se find 'red-lined 'proffersfor Heritage Commons. We are still
working on the maximum square footage of commercial /off ce and industrial, but before we put
these in final I would very much. like to have your comments and thoughts and that we all focus
on the comments that we heard in our neeting of Wednesday with; VDOT and Frederick County.
As we discussed I will make myself available :at your earliest opportunity to review this
`language. My goal is to :get these proffers out to 'the .reviewing agencies, possibly by next
Tuesday.
Thank,you for your continued assistance and cooperation. I look forward to hearing from
you.
Ve : tru ours,
Th . Moore Lawson
1
TML.: j k:
Enclosure
cc: R 1.50 SPE, LLC
Heritage Commons;, LLC
FROG' I'AWYALADDRESS:P.O.BOx602,FRON-I RO) 'AIgVIROI]IA22630,TEL4:PIIONFi( 540 )635= 9415%FACSMILE:(540)6349421 E- MAIL:JSILEK L\N:SON'AC6MLEH.CO)I
LAW$0N AND SILEK; P.L.C.
- - 120 EXETER.D ft] 1'F.y:Su1TEL200
_.w.' P,OS'rOFI ?ICE,BOk274Q
WINCHESTER, V_A:22604
Te).Ee11oNE: (540) 665, 050.
11 ACSID111:Et.(540)'7224051 - TH0n1AS'1%100RE_L ANVSON,• TLAWSON Q1.LSPLC:C0N1
October 7, 2014
Eric, R: Lawrence; AICP, Director:'
Frederick County Department of Planning R Developtneiit
1,07 North Kent Street
` Winchester, VA 22601
Re:.: Heritage Commons Rezoning Application
Our.File No. 1050.001
VIA E -MAIL
Dear Eric:
As 'you know-, we' have .now, received comments from 'VDOT, which were 'the final
agency comments.: In' fact; in addition to the colnlnents we received on. September 1'8;..2013, we
received additional „comments •on October 1,.'20'14; as well as - supplemental comments on
October 3, 2014. We have responded'to all-with In y1etter dated'yesterday.
Also,. I greatly 'appreciated our, meeting of Friday. to sort'�out, some misconceptions about
the transportation component, :of this rezonin Per our discussion, I will see that we include a.
p ` p g...,
cross= section of the 'road; which is being designed by Frederick County and VDOT through the
engineering services provided; to: -them. by Pennoni Associates. Just yesterday, I' received .a copy
of that cross- section. from Ron. Mislowsky of ,Pennoni; who advised he had been •instructed to•
give us .a. copy of -the same by: John Bishop on Friday. We would hope "that as the Planning
Comniission and. Board. of Supervisors review the proposed road network that'-they will now
better understand the road section that- is :being proposed across the Heritage. Commons'` property
and Abe able to °put'�together' why our reply comments confirm that this road section 'is: being
designed` pursuant 'to the road sharing ;agreement by and- between .Frederick County and VDOT.
If you :believe more needs to be done to the rezoning application and proffers ;to drive, this; point
home then please lef me know..
I look °forward. to presenting this; rezoning to they Planning Commission on November 5,
2014. ,One additional thought°we ,have is that: in order •to allow for advertising and; if necessary,
a second, hearing by' either the Planning- Commission or Board of Supervisors; would it - be'
advisable, to advertise public hearings for Phis application for' `the Board of Supervisors' meeting
FROYF ROYALAl111RESS: P.O. BOS_ 602,. FROM' ROi', 1., VIRi: INlA22630;TP1l.PIIO \'E:(540)635 -9415 FACSIMILE: (540)635-9421 F.- NAII: :JSILEKGLLA %N'SONANDSII,LK.CO \7
;t-
Eric, R. Lawrence, AICP, Director
October 7, 2414
Page 2
on November 12?, If by chance _the Pl'anning' Commission would, like a second.`hearing then
perhaps we could, advertise this for a second `Planning Conunission on December 3. After, you
have had`a chance to'thirik about this, please let`me know if you think this would be advisable.
Thank you for your continued assistance and cooperation.
`Very my rs,
Thomas Moore. Lawson
TMLjk
cc: R 150 SPE, LLC
Heritage Commons, LLC
Mr. John R. 'Riley; Jr., Frederick'County Administrator
Roderick B. Wrllianis, Esquire, County Attorney "
John A. Bishop, AICP; Deputy Director- Transportation
Ms. June Wilmot; ChainnanNember at -Large; Frederick County Planning Commission
Se j,'from.'iPhorie�
-Begin forwarded; message:. .
From EII'en Murphy <emurphy @fcya:us>
Dab ;Ocfober 6; 2014.at,7 11 52 AM E -DT'
TO:- 1 of i'as Law "son' <tlawson @Isplc:com>
Cc:,Eric Laverence ; <elawrenc@fcva.us>
Subject; RE Heritage Commons
Ty -dl have;hesitated emailing..you bat decid' tl a. response was .in order'.. Because- little .was changed
from the last'distribution;Thave decided not to send an iternized:,Isting-,of problemswith the proposal.
Needless to say,.although'I was thank6d,at the general discussiort'meeting my suggestions were
ignored. The -PPTR instill.in�error and other issues do not seem changed; Thank you for keeping, me in
thejoop, however. Ellen
El1en.,E. MLlrphy,,mcoR
Commissi'oner'of'the Revenue.
Fred,enck-founty; Vrrginia
107-`,,Norfh;Ken't Street; -
W,inchesfer VA 22601
Office 540.665.5681
01(ect- 540:722- .8334
Fax 540 67.`6487
6
eMurphV@fcVa:us'
From Thomas Lawson mailto
alawson @Isplc:com]
',sgnt 'Thursday;. September 18;'.2014,4_ :88'PM
TW-Blen Murphy
Cca,Admin.�; Adnin.;1
Subject: Heritage Commons
Please see the attached;. ,
Thank you
Thomas Moore Lawson%;, ;Esquire`
Lawson' and, $ale_ k P L G:
P:O. Bb) <27'40
1A/fthesfer, vk2 -2604
Ph: 540= 665 - 0050:°
Fax: '540- 7227- 40.51
Email tlawson(a)_lsplc:com
T.he° information contained, in this, message :is�. information 'infended:'only.forlhe °use of- individual, oren.'tity
named above „and may, be a'ttorney,Lclient privileged, and. confidential If the, reader of his, message °is not
the intended rec'ipien't, you are�here'by'notified` that any, dissemination, distribution or copying - of.this
communication'is:sthctly prohibited. lf'- you'have received, this- communication 'i'n error, please immediately
notify us!, by telephone and .return.the: original messageto.us at the above ",ad'dr.ess.
y } ,
Candice F'erklns
Subject; :` . FW;'Heeita;ge Commons
From: Thomas Lawson [mailto:tlawson @lsplc:com]
Sent:' Tuesday„ September 30, '2014 3::4x7 PM
To Eric Lawrence
Cc:_june .wilmot @ver.izon,,'net; `John Riley; Admim; Admin. 1
Subject: Re_ Heritage Commons
I just reeeived,a voicemail.from Lloyd Ingram `advi'sin,gwe will have VDOT's comment: tomorrow I
understand you have already started',the adverti'sing.process for O.ct 15 hearing. Kindly proceed with .the original
scheduling and have thi's heard'at the 4Oct 1`5, Bearing. Thank ;,you,, Ty,-Lawson
Sent: from my, iPhone
On Sep 34 2014, at 3.34 PAM,; Enc�Law ,rence� <el'awrenc f6a.us >, vrdie.
Ty= June and 1'h, rnef to discuss the sched,uli'ng of`your applicafionr As:'noted. in an'e. -mail to you
earliertoday, the;'ite,m will not be,hea_rd'by'tli,e Planning Commission on.C►ctober 1.5th, .We - will strive to
accommoda te the °application.at the`NovemberI ' Planning Commission if'we:are'in receipt of the
r o- utstanding"agency co "m"ments and applicant responses by 5.00 R,IVI op Octobe:r,10, 2014. I understand
that you are in possession of °fhe County °Attorney comment, so the remaining documents "so.ught; - the
4 to the UDOT'comment and a pplicant:res onse and y our'response CountY Aftorre Comm "ent s.
Once;we;are.in; receipt of- these. remaining; documents, we will'strive,ffget toA' e Planning Commission
in November,. and then have a PC.:cecommendation for the 'Board's consideration at their'Decembee
mee,ileig,
-.Eric
d _
From T,homas,Lawson [mailto tlaws6hOlspic.com]
Sent Tuesday; :September 30, 2014 .1:15 PM:
To Eric Lawrence,
Ca., wilmot@Verizon het,.]bhn Riley; Admin.,; Admin. 1
Subject. "RE:. Heritage, Commons,
Eric; m° res once to ail,; I 'have also received just this morning the County Attorney's comment
p A Y your e m
letter and, _as promised; 1 will.agiye you° a response within 24 hours. .1 ',have also called Lloyd Ingram at
VDOT °and .left him a yoieemail' asking for'VDOT's supplemental' comment, letter This is 'in. addition to
earlier a mails from me asking for VDOT's! comments. :f know, you already have: in.' -your file: VDOT's
comments to the first submission. Frankly,, I)ec4osta the proposed', road! l'- t has not, changed J :do not
:.
' exp'ect;si nificantly ch`an'ged comm6ht' ,from VDOT.
_ I V1/ifh rega`rtl to ameeting with John Riley L have already spoken with him., this.mo�ning' after receiving ;your
e:;mail and:haue also spoken with June Wiln' t. June' advised she would`follow'up or have•a meeting with,
. you so we. can get the ,hebri'ng, schedule sorted out. I do understand the desire of the Planning
t
:,
Commission and•BoardLLof Supervisors' members to r.'eceive' agency comments and supplemental`agencq,.
commenfs It is: n'ot appropriate however; pto hold ups an; applicant because: the °agencies-. are. slow to
provide theit1suppl6mental comments.,'This ' i`s especially,true when4e..are -dealing with a time sensitive:
matter h.would therefore request that you,all follow the ,Frederick Cou "nty. °ordinance .and proceed `with "
the. Planning Commission heafing.on; October, 15 By using the` 15th we give'the Planning 'Commission
and /or Board of SuperVisoIrs,rthe opportunity °,for a follow up hearing if.`. they, deem ''it .neces"sary'., I most '
�certainly'.'d'o not:want.to''.,putthe "Planning Comm,ission'or Board >of Superv,isors in a spot where`they:feel
they'ha�eno.additional time to: looks at an application:
T'hankss'for-your assistance and` cooperation.,
• ' . Tay.
From . Eric 'Lawrence [rriailto:elawreneoafcva.us]`
Sent Tuesdayi. September 3Q,� ;2014 1t ,43 AM
To: "Thomas Lawson'
Cc: iune.wilmot @veri2on:net;,John Riley; Admin.;, Admin..'1
Subject: RE Heritage Commons
Ty
l am in °re_ceipt; of agency,comet ;ents.an. your. responses f.rom:'RIanning ;, County Transpo"rt"ation, Schools,
Parks and ,Recreatio,n, and Public Works Thank you: :for forwarding As,noted previously, I'm still
awaiting completion of`commerit and response for U,,DOT and County Attorney.
} Jo'h'n,,is. not ;in the office.today, o schedultng,:a meeting with him,will need to�wait until he returns.
-Eric:
From° Thomas. Lawson. [rnailto tlawsb'r!OIsbIc:com]
t Sent:'Tuesd'ay, September 30, ;2014 ,9;:;12.AM
To `= Eric'Lawrence
Cc: =june wiIMot@verizor anet, John Riley, Admin ; A :dmin.'1
Subject: FW.; Heritage ,Commons
r Eric: "
1 am in receipt of your e =mail . For the.reasons stated in iiiy �prey'ioUs e =mail and voicemails th a is hot,
accepfable.. More; impp ;rtantl`y „this doves not comply'with,Frederick County ordinance: Please let me
know when you and JohnTRtley, re available,for a meeting. For timing reasons, his matter must be
heard on Octo,be "{',15th,: `There may be some, issue. with you ;receiving ;my e rna_ils; therefore; I:am having;
all of the comments that _I have. received as`well as.my written responses ,whi,& 'we re:'e:= mai led .to °you
yesterday'h- and,= deliv eced this morning;
From. Thomas Lawson „[rnailto tlawson@I`splc:com]'
Sent : Monday,; September 29,!`2014 3:53 PM
l To:elawrenc@fcva us, ;�coerkins@fcva.us7.,
Subject:- Heritage: Commons;
, a
Ca'idice_ and Eric:
z,
r Attached please; find our responses to -the a enc review comments we ha e received sofa h,
Thanks,; TY
Tlaomas`1Vloore:Lawson,.Esquire
Lawson and Si'lek, P.'L.C:;
P".0". Box :274;0
Winchester, VAIZ604,
Phone-, -54 -665-0,05.0
Fax: 'S40- 722 -495:1
E =mail: tlawson@1splc com
The, inforhTdfion contained 4ii'lhi's'message is information intended,only for -the use of the, individual or'entity
named. above; and maybe attorney /el�ent- pri -vile,'ged and conf`dential, If th-e reader. of'this message,is not the:
intended recipient, you arebhereby notif ed, th'at any dissemination, distribution or copying of "this.
communi;cat is strictly prohibited If you have received this communication in error, please immediately
notify us by telephone,and.- refurri°the original message to u.s at the -,aboue'address. Thank you.
No virus `found; in this message;
'Checked.by AVG www au � cone,
Version: 2014:0.4765 % Virus;D.atabase:.4025 /8299 - Release Date: D9 %3'0/14
q
F
i
1
1 '
i
Candice. Perkins
From! Eric' LaWrencei
Sent: Wednesday, sday, October 01, 2014,8:49 AM
To Candice Perkins
suploct FW: Heritage Commons
Fir6irn. Thomas. Lawson '[rna i Ito tIawsbnVgb Iso1c. tom]-
Sent: Tuesday, September 30,- 2014 1!-15 PIVI
To: Eric Lawrence
Cc: june.wiImot(5)verizon.n*et, John. Riley,, Admin.; Admin. 1
SUbjecf: RE: Heritage Cbrnmons
Eric, in response to yo6r e-mail, I -have also received just this morning the County Attorney's comment letter and, as
promised, I will give you -a response within "24 hours.- I have .,also ciailled.Lloyd Ingram- at VDOT,abd left him -a vdicemail.
aski6g for - VDOT's supplemental, comment letter. I This is in addition to earlier e-mails, from me asking for VDOT's
comments;, I know you already- have in 'YciOr file VDOT's comments to the first $.ubmissi6n. Frankly, because the
proposed road layout has not changed, I do not expiect significantly, changed, comments from VIDOT.
With regard to a meeting with, John Riley, 1, have already spoken with him th(q, morning after receiving your e -mail. and
have" also -spoken with June Wilmot. June e-bbvised she would'foll6w up or have af ryf6efing with you so we can get the
hearing schedule sorted' out. I do-understand the desire of the Planning Corn- mission and Board of Supervisors''members
to receive agency comments and supplemental a - gency comments. I It is'not appropriate, however, to hold up an applicant
because-the, agencies, are slow :to -. provide ,th6ir -supplemental ,corn comments-. .7his i s, especially true when we are dealing n . g w I ith
a,time sensitive matter. I would, therefore, request that you all follow the Frederick County ordinance and proceed with
'the Planning Commission he6i�ing.,oh October-15. By using the 15th we :give Planning Commission and/or Board of
Supervisors the opportunity for a 'fo'*llow up hearing if the y 1 deem it necessary: I most certainly do not want., to put, the
J
or Board
Planning ommission'
-of Supervisors in a spot where they feel they have no additional time to look at an
' ng
application.
I
Thanks for your assistance and cooperation.
. Ty
From: Eric Lawrence [mailtoielawrenc(diftVa.us]
i Sent: Tuesday, September 30, 201411:43 AM
To: 'Thdmaslawson'
Cc: iunemilmoMbverizon.ne ,-John Riley;, Admin4 Admin. I
Subject: RE: Herita'oe Cbmrrions
Ty-
I am in receipt of'agency-commentsand your rdspbrses from: Planning,.County Transportation, Schools, Parks and
Recreation, and Public Works. Thank-,you for forwarding,. As,hoted previously, I'm sti-Il?awa,i,tihg,cor-hol,etidn-of-comment
and response for VDOT and County Attorney.,
John is not:i , n the, office toda.y,,5oq scheduling meeting,with him will need.to wait until lie returns.
-Eric
--son(
Feom* Thomas'Lawsoh [rhailtbt'aw Nspkxom]
Sent: Tuesday, .September 30; 2014 , 9;12 - „AM
To `TEri& Lawrence
Cc June.wilmot@verizon.net .John Riley;.Admin. Admin. 1
Subject: FW Heritage Commons
Eric:
I 'a. m in 'receiptof your e- mail.. For the reasons stated in my previous e-mail and voiceniails this is not acceptable. More
importantly, this'does: not comply with Frederick County ordinance. Please let me know when you and John Riley are
avail- ableJor a meeting. for timing reasons this matter must be heard' on october'15th. There may be some issue with
you receiving my °e- mails; therefore; I.am having all,of the: comments that I have received as-well as my written
responses which were e- mailed to you,yesterday hand- 'delivered'this morning.
Ty
From: Thomas Lawson [mailtoalawson@isplc:com]
Sent: Monday, September 29, 2014 3:_51 PM
-To: elawrenc(a)fcva us; .cperkins @fcva us
Subject: Heritage Commons
Candice and, Eric:
Attached please find, our responses to the° agency review comments we have- received so far.
i
Thanks, Ty
Thomas Moore Lawson, Esquire
Lawson and Silek, `P.L.C:.
P.O. Box 2740
Winchester VA 22604
Phone: ;540 -665 -0050
Fax: 540 ° =722. -4.051
E- mail,: tlawson@lsplo.com
The information- contained in this message is, information,intended only -.for the use, of the. individual or entity
named above, and may be attorney /client privileged and confidential. If ',the reader of this message is not the
intended recipient, you ate hereby notif ed that any dissemination, distribution .or copying of this
communication is strictly prohibited`: If-you have received this communication in error,; please immediately
notify.us by telephone, and return the; original message to us,at the above address. Thank you:.
No- virus found;in this message:
Checked by. AVG - www.qvg.&om-
Version-. .2014.0.4765,/ Virus Database: 4025/8299.- Release Date: 09/30/14
I
FYI..., 'H&,itage Emmons will notble heard . Ahe,PC oh'O,ct 15'. 'Wef strivefor,November 5th. I understand ,that 'VDOT is
workin&on, their:comments,. but we have yet to,rece,iv'lejthem, nor has TV had a-ch'arice to respond to the VIDOT issues.
From Eric, Lawrence
Se nt:'T 6 esday, September 30' 2014.8:53 AM Tw 7hoipa§ LaWmn',
ilCc: ; Uune'WilmOV;John Riley
,$4bjoct: RE-,`Herifatje Comnmons
Good morning Ty.
,As,of'clo'se of businessiyesterday-I we had necessary reviqw"Ogency qpmments and your responses.
Therefore; this:application will not b&hearcl by,the-'Pla.nnin&.Commissiqn on October 15;,2014, The two not yet .received
iagency comments are,VDOT and Caunty,'Atto'rn.ey.
'The application Iication hastee n te Otpf- V- e y. scheduled r the NOnningCbmmiss ionl& n, x agenda on,,November5,2014: We
would need
1he.re m-'diaing review pge.nc 't-orhjm "ys (VIDO, T
and County Attorney) ps;well,as'your responses _opse�.- byFdday,'
October 10;, 2Q14 at 5:00 PIVI in ; -t6 place thi's application I on theN vern 8-A
ber,: Planning Commission agenda.
cl
-T ha n k, y6u.
-'Eric.
ricLawr
FeWn"E' ,Lawrence;
tient: Fr,[(I.qy, Seotember 26, 201-4',1Q:17 AM
To_.,-'Thomas Lawson'
Cc `June Wilmot' ,-,John Riley
-
ubject: RE:' Heritage - Commons
Good morning T 'y'
Thank y o q..fo r t - h e,voice a"i I update 1,understand vou con
finueto pu--rs ge, age'r qy,cqmmpp t and pro 'id' ap
Olicant,
nZspon ses
to.sa i i6, an! effort. to �;sati�sffy'fhe e'xpedatiorts'M scheduI6.this; iterri,for the , Oc" -t- h Pla
-me tober 15- Planning
nin,g
Cbmm'ission.,pgend'a*., :Sfaffh?ks,submitted th Jegal'advertisement for .October
150'mee'ting, buivill.cancel'the
advertisement
.,should-we'notbe 'in receipt
of the prereq pi'silte age,oda. maf &,ja Is by 4:00 PV: Monday, September 30.
'This offers you addifi6nal; time t6.obtair and. respond to the: agency comments., Staff 'has,e nco 0 raged1h eage ncies to
provide you w 'iI t h j thee iii)c _o mmen f s,n h' O pes o f', - CPm I efl' 0
J
he application haferiaKfor inclusion on the Pcagenda.
Thank you;
=Eric
Candice Pe:rk_ins
From: Eric Lawrence .
Sent: Tuesday, September=3% 2014;9:51 AM
'To: Rod Williams; Candice. Perkins
Subject: Fwd:.Heritage.Common.& Impact analysis
Sent.from iPhone
Beginforwarded message:
From: Ellen Murphy<emurphy @fcva.u0,
Date: September 30, 2014 at,9;46a - -11 AM EDT
To: Bill Orndoff <borndoff@feva.us>, Eric Lawrence <elawrenC fcva:us>
Cc: Wayne Corbett <wcorbett @fcva :us> ;..John Riley <jriley @fcva:us >, Jane Anderson
<jandersoPfcva.us>
Subject: REi Heritage Commons Impact analysis,
Bottom line - they thanked ;me for my input but paid'little attention to it. Proposal`still has holes! PPTR
is wrong again and number of vehclesper residents in non - large family apartments or condos is
overstated. There are - typos; and math errors in several places. A large.math`error in the:graph on Pg
42. Page 25 has a population in 2012 lower than in 2010,andthis is not correct by Federal and.Weldon
Cooper`web sites _ typing or rrath'error but veryunprofessional. Large number ofjobs touted
includes,a large amount of °only part -time such as Joe's restaurant:at 150 ? ? ?, 1 have several other
! concerns but wantto talk to Joh-nfirst before voicing them..:.,..... Ellen
Ellen E. Murphy, MOOR
Commissioner of the �
Frederick County, Virginia
107 North Kent Street'
Winchester VA 22601
Office: 540:665.5681
Direct: 540.722.8334
Fax: 540.667.6:487
emurphy @fcva.us
From: Bill OYndoff
Sent: Monday, Septembe'r.29, 2014.4:04 PM
To: Eric Lawrence; Ellen ,Murphy
Cc:, Wayne Corbett
Subject: RE: Heritage Commons Impact analysis
Eric-. Nothing in the.calculation_s for.PPTRA has changed or can change. The Commonwealth of
Virginia only,remits'to Frederick County $.12,. &M per year. Therefore; there, is: no additional. PPTRA
money coming into the County'. Lock,ed'in at $12,,7. Bottom line; if we have; an increase in assess.
values and vehicle numbers, the amount pf;pptra is reduced per'vehicle. I will defer;to Ellen Murphy on
the details of vehicle numbers' etc:• Bill
C..WiII. am 0rndoff, Jr. MGT
Office of Treasurer
_ 1
County of Fred, "erick, VA
Winchester, VA 22604
Phoney 5'40:665.5'607
' I From: 'EricJLaWrence
Sent Friday, September 26, 2014 2:41 PM
To: >,Ellien. Murphy; Biil 0rndoffi ,
Cc Wayne Corbett
Subject: Heritage Commons Impact;analyss
Hi Ellen and Bill., Atfached is the upd'a_ted`im ;pa eta nalysis by Stu; Patz, this was
;created for f,he Heritage;
Commonsrezo,ning L received; °this analysis ear=lier today I-forwaW this to you as a folloWu ,OpAo your
x M
commen"ts'offered in late August Thanks;;.
- :Eric ..
i - •
Eric Lawrence, A1.CR
;Director., Department -of Planning andZevelopment
;Frederick, County, Virg_ inia
107 N. Kent - :Street
Winchester, Virginia 221601
540.665:5651
540':665,,6395 fax,
elawrenc @fcva:us
i w.ww.fcva.us /planning;
1 -
i
:Z
Candice Perkins
From: EricLawrence
Sent: 'Monday, September Q9,2014 4U PM:
To: Candice Perkins,
Subjedt:'. FW:-- Heritag&Com,mons Impact analysis
From: Bill Orhdoff
Sent: , Monday, Septernber. 29; 2014 4104 PM
To: Eric Lawrence; Ellen Murphy
Cc:VOyne Corbett
SUbject: RE., Heritage Commons Impactanal,ysis
Eric Nothing in the calculations for PPTRA,has changed or can change. The Commonwealth of Virginia only remits
to Frederick County $ 12,&M per year. Tberefore.,there is no additional 1313TRArrioney, coming 'into the County. Locked
inat$12..7. Bolitorn,line, ifwe have :a�q increa . se in assess values and vehicle numbers,.the amount of pptra is reduced.
per vehicle. I will deferto Ellen Murphy pq=.thecletails of vehicle, numbers etc. Bill
C. William Orncicff, Jr. MGT
,Office. of Treasurer
County ofiFrederick, VA
P.Q. Box, 225
Winchester, VA-22604
Phone 540.665:5607
From: Eric Lawrence
Sent: Friday; September 26j, 2014 2:41 PM'
To:'Ellen Murphy; Bill Orncloff
Cc: Wayne Corbett
Subject; Heritage Commons Impact. analysis
Hi Ellen and Bill. Attached is the updatecl impact analysis _jj� s by Stu Patz; this was created for the Heritage -Commons
rezoning., I received this analysis,earliertod'ay..] forwardthis-to,you,as a fol-llow-up to your comments offered injate
August. Thanks.
Eric
Eric L.awrence',:.AICP
Director, Depart rnbht:bf'.Planning and Development
Frederick County, Virginia
107 N. Kent Street
Winchester, Virginia -22601
540.665.5651
540.665.6395,falx
. �lawrenc@fcva.us.
www.fcva.us/Plannjng
J ,
1 , � � • � it • •• �.
Can•di'ce: Perkins
From: Thomas Lawson [tlawson@Isplc•.com]_
Sent: Monday; September 29, 2014 1:0:36'AM
To: Eric.Lawrence; Candice Perkins -
' Cc: Adrhiri.; Admin. 1
Subject; Heritage, Commons
Candice-and. Eric,
To keep you up to date this is td let you know�thavas of this morr ing we have `received all agency supplemental
comments otherahan those.froni VDOT'and the County Attorney:, Asa practical- .matter, :I assume VDOT's,comments
have been addressed by Frederick County's.Transportation's, Public, Works',and Planning's comments. I understand from
your previous 'memo that`you areaooking for supplemental comments-,frorn all agencies-before you move forward with
the, scheduling of the Planning Commission hearing. As I understanclAhe zoning ordinance, however; what is'required of
an applicant. into apply for agency comments. iri fact, we have received agencycomments and what we are working on
I are supplemental comments. I would, therefore, requestwe proceed•with the.October15 Planning Commission
hearing, and I will :comfnit on behalf.of the applit- nt'to delivet responses,to any °agency comments that are received
within 24 hours of receipt..
Thank you for all of your help in this matter. As °always, if'you have an' questions,'please do not hesitate to contact me.
f
r
Ty
Thomas Moore, Lawson,' Esquire
Lawson and Silek, P.L.C.
P.O; Box 2740
Winchester, VA 22604
Ph: 540 -665 -0050
Fax; 540 =722 -4051
Email- tlawson(a5lsplc:com
the information contained in this 'message is; information intended onlyforthe u"se.of individual or entity named above,
and, may be attorney /client privileged and confidential. If the: reader - of this message, is} not-the intended recipient, you are
hereby notified that any dissemination, distribution or:copying ofAhis communication 'is strictly prohibited. If you have
received this communication in error,-' please, immediately notify Gs bytelephone. and; return the original message torus at
' the above address.
i '
ELEPHONE (54%665-005W
�, rACSIMILE._(54O) 722 = 4051, - THOMAS NIOORF" 1 AWSON . 77,AWSON tnt.IsSPLGCOM
September Z6;20.`1;4,,
,John A.:Bishop, AICP_:
Deputy Director Transportation
County of:Fred'erick
Department of'Plannirig dnd:Deuel'opment
10,7 North.,Kent Street; :Suite, `202,
Winchester; VA 22601
Re: Heritage Commons Rezoning Application
Our File No: 1'059:001
V'IA_ I- MAIL.AND HAND= DELIVERY
.Dear John
,am in receipt., of your comments; to the revised ,proffers. dated September- I' , 20'1 +4• ,
relating fo- the above-referenced matter. In responsei to. your numbered ,comments received by
letter dated' September'24, 2014, I'provi"de the Olbwing.
elopment 1 You are correct; the Generalized Dev , P" ,) hasz n. of been revised,
with the September '18, 2014;proffer,revlslons
r •
2. With •regard to ;your comment about the : entranees 6fl.eeted'.on the GDP,, all need,
to' `be reminded that the, road,, and bridge network ,running across not only the,.Heritage Commons
ro • ert, , `but
p p y also across the ad�oining „(Glalze) property. Is being conducted as Joint project-
between. VDOT !and :Fred`erick County with the, Frederick County Engineer having the primary
role: ,of' ,.coOrdinating the work on..the project, .'including, but not` "limned =to;, the, design nand
engineering The - Applicant has intentionally engaged Pennoni & Associates.to prepare exhibits,
such, asfle GDP;, because that engineering, firm is the ,firm °that has, been selected by Frederick;
County and approved by VDO_T to design and engineer the above referenced road','network Any .
entrances ;reflected, in -the GDP are; therefore; shared with' the design ,team workrr g With
Frederick County and'VDOT To ;the`aextent any1urther consideration of those - entrances 'nee ' s
IQ'' oecur, .the Applicant believes that is being conducted `by the Frederick County %VDOT design.
team as ,the work progresses: Certainly, the Applicant will defer to .that process with regard to
the ;location of 'entrances provided :that there is reasonable access to'the ApplrcantS p operty.
Likewise,. the suggestfon that° all ;entrances shown on the GDP should `be4emoved from. the
a
graphic snot appropriate Clearly the purpose ,of thin road network, is not only to ;allow through,
traffic, to and from the.Grty,of Wincliesfer °and Rt. 522•,, bu`t also to access the Heriiage;Commons
.property: ..
,FRONT,R6YALADDRE55 P O,BOX 602 FRONT ROYAI:, VIRGINIA 22630JELEPHONE: (540 )635 - 9415 • FACSIMILEi (5401635 9A21:� E- MAII:: JSILEK(rt)LAWSONANDSILEN.COAi.
John A shop;Deputy Director - Transportation
September 26, 16,44.
Page, 2
3 , The . Applicant understands . that 'Frederick', County Deputy Director of
Transportation is requesting,:a determination from VDOT' as to what, if anything„ ought to be
required *.by way of "further' traffic study,:.. As "asoon ,as that - information ;lids 'been provided from
VOOT,; we assume that, wit'l' be fo.r`.warded,;to the Applicant. The Applicant does appreciate the
suggestion thduihere be a development cap in .or'der'to: " ..keep• trip, generation iri.lrne'with. what
was' considered at• the previous; rezoning: The Applicant subm'its,; however; that 'the
development types ands mixas submitted and included in the rezoning appl'icati'on should bey all
that, is', requried The' Applicant has iritentionally restricted' resrd'enfial ;unit development, to no
pp include' uses such" as office and
greater than l ,200, butanot ca ed the commercial,, which would
' retail because those uses are very positivefrom a, .fiscal arid tax revenue perspective to,.Frederick;
County.
The, Applicant'. also ';submit=s that the, sgnifcaiit .road ,network 'being installed
across'its ,property and across+- the'aad�oinirig property is morethan adequate to accommodate the
of ut, which is :described. in, the `rezon rigi application, Indeed, the "
p ential maximum build o
Applicant is aware that. VDOT has conducted several traffic studies of it's own,that has.. resulted
in'the, new -road :alignment;. which i's4reflecied in the GDP to include :a duals lane 4traffic circle and; .
further still, than =this road' network lids been designed to accommodate a detour of trips which, is
to occur when the,Pt.'S:0 6rid`ge�'ihat,•cr6sses I -81 is:removed and reconstructed. To this end, the
Applicant is curious =as.to what "beneft °a traffic studywould prov <,ide :because ifethis.road` network
has; already been,Aeeerned io be satisfactory to VDOT what purpose, would another traffic study
serve? • °Certainly it :would "not,serv"e� to allow .for' "the installation Of,,, -a' lesser, road' network given
the: °fact, that Frederrck:County and. VD.OT have decided' on the ne "twork as,,depicted on the GDP.:
The Applicant commits to ;contiriu`rng `to work with, the Frederick; County Deputy Director of
_. p
Trans ortatim on these issue e bonduct d writh the orh nal�rezorir n has been a thorough review
of.' he traffic •studies that wer g" g; and the subseoueni traffic
studies commissioned 'by•VDOT that there has, been ,more than adequate study of this "road.
network- and that if more than adequately addresses, impacts from not; .only this proposed
development; butaN6ihe impacts t} at'would come from''the regionrasa whole;
4% References o, `the existing; rezoning ;and proffer approved` in 2005 cr -fakes 'the
evaluation "of ;this proposed rezoning. unnecessarily confusing and" cl altenging.- As •stated 'iii: `
response to previous co nmerits, the ;existing rezoriiri An r off &f is;f it a'm ch differentp roject
with different, aspects ; - all; ofwhrch :for a., multitude of reasons are not` buildable A_ sit relates to
transportation; the existing proffer de "scribes a road; network that'VDOT has d'etcrmined "s
unacceptable: filierefoie; to make ;references to an existmgt proffer that; calls for specifc road"
installations as °set forth fri'the 200.5 proffers `is not especially helpful because VDOT does not
approve.of said. road alignm "ents, and' configurations. Instead,;the Applicant -has proffered`to pay.
the ;Frederick County ,hate of the road project. described as part of -the cost sfi &in - agreement 11
With, VDOT It should `be' pointed .out that as 'the; final ;design work is completed .there will be
more de "fi'riit "ion given. to all parties•'and the :Applicant, as to, what the °exact final costs will be and
the,, mechanism for the payment' of same The Applicant does, agree thatIhe exact terms of said
t 1
agreement will: be the subject of a separate agreement .between the .Applicant` and. Frederick
County:
5: The Applicant is not ;sure. what:_is :meant; by this. comment', about the bridge: over, I-
81 As,.ihe Applicanpt unpde ytands the.cosgt shari (roject.for the' road improvements across the
Henta e Commons• ro erf and .tYie, nei" hborm" Glaize) property, rt i`ncludes a bridge which
cross- es; 141 'arid ,conn`ects to Tevis Street in they City where another, project has been committed.
to and which, Q uld"aftach Tevi`s Street to 'the biidge.
This is' again, a fl 't a prior proffer. a AIl'+.need `to'be reminded that there are
no CDA,:funds ,to pay "tor any fran§portafi:on improveirients on the Heritage Commoii5 property.
The. Applicant has committed to paying Fi`ederiek County's share •of"the cost sharing agreement
with VDOT to construct the :road. - network; which is depicted on. -the: GDPI: •The .final cost of said
project ;is ;not ,.yet known, but rt �s, anticipated to' be in ;excess; of $.10,000 „000: `The Applicant's
commitment, to' pay Frederick. County's 'share of same s, 'for _a sign fipa . amount of money: To
commit further _still to pay additional sums, let.: additional' $1,00..0,'000; is not possible.
F_ur'ther still, given th_e fact„ that a �signifcant transportation -network is .being installed on the
Applicant's property,.which. is being designed.to address notonly the @impacts .from the Heritage
Commons property;.bu "t also from,the region as.a whole, the Applicant does not :understand why
it. would. be expected " to ,pay - additional tsu-m to,address- "impacts: "' .
'7 Please see'prior comments to• references approved din 2005'.
Thank you for your continued assistanc& and coo;peration.. I ,; affer you have reviewed
this le €ter you have any,o, er comments ,or concerns, please, do not hesitate to contact rne.
September 24, 201:4
Mr. Thomas.M'oorelawson
Lawson and Silek, R.L.C.
P.U. 13ox °,2740,
Winchester; Virginia; 22604 .
L
RE: Rezoning #02 -14 of the:Heritage Commons Project;( former RussOl.150) Property
Identification = Number (PIN), 63' -A- 150,,64 -A40, 64',A 12
Dear Ivlr. Lawson-,_
This letter .contains my cornments, on the updated proffer_. statement for ` lie above: noted rezoning
ec
reived' in this office, on 09118/,2Ql'4 'at approximately 4.00,;p:m. and with a "revision date of
Septeinijer 1$ 2014, Thank } ou for °the opportuni "t} to cominen. Please note that I am
commenting from .the; trans' ^grtation ;perspectiVe..
_ Nly continents are as!follows;
11 . The, version I' received. did not initially have -a GDP which w _ s, referenced .in the ,proffers..
However,,a GON!inehanged fro n.the.original)'wasrecejved in our office on September
23, -2014 and I wil'1 coifMdef.Ahat as the GDP being referenced..If for some reason this is
incorrect, I cAn modify my comments as needed,
2. Regarding the GDP, ,as I-noted ';at "the: work session ,on September 3, "2014, it denotes
several,entrances that 'have, not been modeled or evaluated and "should`be removed from
this graphic. Proposed entrances, should stand, on. their own, merits relative 'to the
prevailing VDQT standards for design and safety as well,as. local pfanning and should not
hesproffzred,,uriless what, •isbeing proffered is morei, restrictive than'tl e current standard. 1
do: not have tconcern with,,the updated ;general alignment that is drown;
3. While residential. units are capped; "there is no such limitation" of ciftce and' .commercial..
Tfihii lead's me'-to 1 e; concemed that this application may . not be in compliance with
Chapter °527,.: l haNfe requc;sted a deterinination on tliis,:fr"ohi VDOT. To avoid this _issue, l
would recommend proffering a development cap that would 'keep trip, generation iri line.
with what was cgns�dered at 'the -,rezoning. "The current; narrative in the third
paragraph" of "section 4 does not accomplish this.. Rigllt.,now,tlat °paragraph only seems to
asiate whatAhe author's .interprdtation of what studies have said ;; and what the app
cant
engineer hasssaid, and doesri''t really appear to proffer anything. As. "_such, it, likely should .
not be .in .the 'proffer statement;,'but would` more ,appropriote y be, included in- another
portion:of the,zpplication.
l.t? i4o�rth Event .Street, fi to 202 LN'i e esr&r,.Ytrgibia ?2601;- 000
i
i
4: ,As noted on "September 3; 2014 'the proffer continues to lack ;the��detafl, assurances, and
;per =forinance. triggers thaf Were rr eluded in the existing proffer: The existing proffer is`
very, specific iii regards to'TotiisrSt, Airport Rd;'Wafrior Drive,, and. the bridge over 18:1.
This - proposed' prof %r relies instead on. the, GDP, whieh does not include; Ali appropriate
:level of detail' and does not" have 'any' rforr ance triggers'. While_:it is clear. that, the
applicant intends to,enter into agreement -.with ihe;County for:re ,Veriue sharing, -there is,no
protection, should the'. applicant; and; County' be, unable,tto con�e=to: terms. t wou.l`d' note; that
'the existing proffer, package, guarantees the roads, detai'l`s `the roadways,, and perforinanee
triggers, and notes that the: roads_ will, be. built even r f the CD,4,rs unable to do so:
5. " fhis, proposed' proffer has 'no :mention of the currentiy proffered'bridge ove r 1-81.
6: The proffered -$1 006 000'iri &nds:'toward the transportation �systernhas been removed as
previously"nowd on September 3; `2014.
7. 'Paragraph I -,of,secO.m 4 eonflaues.to place the 'County -into the, position of agreeing that
what is being, proposed rs substantially siinrlarEtQ. w} at: is,already proffered. As noted on
September 3, 2014, this rs inappropriate:
Thank you for.,the opportunity, to comment. _If I can be of further. , assistance; please do. not
hesitate to contact me
John-A-. Bishop, Ut. l -
ion
L7eputy Director `1 rarsportat
e.
{
LAWS' N AND
12WEXETERaUR1YE, 5urrh 20W .
POST ryICE,OoX iNq'
W(CIIE fb1,VA42G04.
1 EcEPHONt. "(540) GGS -0050
FACSIMILE: (5:41.OW22405L i Homs 8,106kr I mSON • rLAWSONnu i sPLC.com,
September 2`6,,20;1,4
E6c;R.;La,Wrence, AICP, Director
Candice Perki,is AICP,; 'Seni'or Planner
Frederick County Departmeni- dUlanning, - Development
1077 Nortl.Kent'Street
Winchester, VA 2260.1
_Re Heritage'Commons Rezoning Application
Our -File No 1.050:001. .
VIA.E7 My AIL AND HAND - DELIVERY
Dear Candice and Eric;
"'am in "receipt of PlanniffZ Staff';s comments. to :the xevised. proffers 'dated 'September' 18,
2014, relating to- the above - referenced matter. In. response to;y,,our numbered comments, received.,
,6y'lettendatc4 `September 23; 2014;, I proyide the following:
The Apphcant, has, intentionally incorporated` by reference a. chart ,reflecting the
ininimurn and maximum percentae)m nercial and residental',Aeve-lopment proposed:wthin
each, land bay. The mix for all of`thd§, e`R and baysi have ranges. We will not:kriow the precise mix
until actual build = out..: Certainly one can, conduct, -a calculation for m,i- nimums and rnax;imunis of
residential', and; comm-- &6 f for the entire Heritage Commons' slte,,jand by,odr calculati6ns1, ti e;
range of�cominercial development sis 3 =5% to 76 %, and the, range of residential development is
15% to 56 %: The Applicant prefers, however,; and thinks it rmakes,'mole =sense if we tie it to the
specific l and .,baysas is,.conta nedIn the incorporated table The; last comment fro>:n Staff -was that
B:: =3 uses should beprohlbrted..To .the contrary and at this point the Appli'cant. wants to preserve
with aas, ,much optlom as possible the'.abrlty to deliver .colrimerclal uses as.'a.,:rnix and to blend' in
With, ihe: residential It�should; be noted there are d'esi'gn standard's fhat are, lzeing proffered as part
of hiis rezoning: so in'the- event -any commercial; including, `but not limited to, B ,3 is installed, it
will need :td fully comply with design standards so the use'will be hanrionious with surrounding
developinerit.,
FRONT ROVAL`ADDRESS P.O. ROX 602; FRONT ROYA4'VIRGINIA 22630;TELEPRONE: (540)635= 941 5'FACSIAtiLE:1540�6359421�•.E- MAIL: JSILEKnLAWSUNANDSILEK:COSI,
-aw 11C
E:rid,k. L 're e,I AICP,xDirector
Candice Perkins,AIC P. -Senior Plan"ner
September 26.10-14
Page, 2
.;'With- regpLrd `W -comments about' impacts on community facilities, Staff s
`initial statement is correct that "the 'Market and Fiscal
;Impact, Analysis shows a positive fiscal
gaih',,to Frederick County. As 'a result,; there, is no: negative: irn
pqqt on fkil
Staff' comment; seems be-, more focused on the, mix: of , the res@6ri-tfal versus commercial - . All'
1
would be well - to remember that; the rriulti-family,residen'tial, according. to the Stu Patz
Impact AhAIysi-s;r.esult§ i"ha n6t,;pbsitiv&° fi§,cdl impact. Asa f&sult,,even if fotdistussioft's sake
fiscal impact only still b6, ,a net' positive act -to the
County and;, the-refafg, to COWityyfacillib6, As. y0b:'hay.e noted, we -have xevi'seJ the proffer to
provide ihatthore -W*i,ll".b,6A,'m--i-iii"mtiiil6f5OOOO square; f&etbf"c-oftiitbti--i*al.spac.6devel-o-p-ed.�for
every SW rnulti=farnily .re'si-deiiiia'l,,-u7niis: This, .ofcourse,, enlJahC&sand. adds 'to 1 the, positive fiscal
rn act:
3,. Iq, response to ihjls, comment; I enclose copy of the. updated. Stu -Patz, report,
4assume , I assume tbe;refeKqqce to the removal of proffers is referring to monetary- proffers
thai,'were,of, erect ,,with the -X005,.,rezoni'na,. Please understand that tbTs, Atmlicant- is not, in. any way
•related, to the: former. :appfi"cani,'*,and .the former applicant no longer has any interest, in this
proppr-ty. Further still; the :prior. rezoning; has numerous aspects associated with it- including, but
notl limited to; ffie� fact thdtJtprofR-rs, a road ",network and, systems that are no longer acceptable to
I in
VDOT 'and' also provided -for -.a fundiri I g, mechanism through A, 0offimUnity Development
Authority;,, "which'has since been amended as a result of a hilure of th&.original financi'ng
'Staff t"called � f6f in the rezoning,
s�herhe. is correct that there are'no rhoridtary proffer payments
submitted for the'' A, the Applicant - understands it,, the suggested
Heritage- Commons community,. s
monetary 8 m address negative - impacts''to the County that. would occur as a
y ro_ffer&,wcr&create
result.- of, a pypppsM_ developrqent, As stated above, the proposed Heritage Commons
development has &xief,positi've -fiscal impact. to :means that the proposed.
Applicant would
dp_;velopment-5hould:;not. require, a, supplemental prdff&rpayffi0ht., The App agree
that, under the,-prior rezoning of 20,05-1he development proposed , therein WbU-'ld "haw,had, negative
fiscal 'i'm pact's -and, therefore, would call "for monetary payffiefits. - Asz stated aibbv6, ho:wev6r-, the
community .proposed with, this, rezoning; bears little, -a:ny,. reserriblarfcd, to, the rezoniha, that was.
submitted ,arid; approved. in 29Q5,
The co nMpnt,M. the proffer r suggest� that there isno 66mmitnefit.tb c on struefing
amdriifies.,' In point: offdct,.the trails amaspedific commitment 'itmeilt Applicant m icAnt offel,running
f ',poli nCs
along the side of he �str'eani,chanhel and also proviiding� the po-ss-ibilify at. the A wa
discreti6n•6f�ingtallihg;,A,�§ec'ond,,6iib:' . Staff hks pointed out that sidewalks 4lon ,oad systems
are required by tbb is ..-thii there will be in
nt,yV,iCj5de'. It i believed and, therefore,, anticipated
addition 'to sidewalks a rhultim6dal, indl 'provided Us! a result' Of the.,deve-lopment of -the road
0 hi , 'c ! h
network; W is curr&titly, being, designed by,Frederick County's Engineer and its. engineering
firm -'PQ . prioni, Associates. The Applicant is not in 'a the spec
p Q,. lifi cs d said ,
bsition to,committ
0
,Tp.ad network as in -m
prk and' other related items,, such, ulti; odal. frdilsj wdlkways, bike paths, etc.
IC , '
&ecause the Ap fii 'c-
ant d e _s not control said design.
U
J
Eric R.:Lawrence, -A1CP, ,Director;
Candice:: Perkins, AICP; Senior Planner
September 26, 2-014
`Page 3
In addition to the above, the m arkei rate multi:`famrl, units. that have been approved a_ ll
include separate. recreational amenities for each multi76mily project„ The definition of market;
s
rate• mult'i'- fvnily, units includes significant investm_eiit in ,amenities for the occupants of said
market rate communities such as work out facilities, ppols and' meeting and, social areas within a.
clubhouse type structure. Those- :facilities will be. present and wif be- more than adequate 'to
address; the recreational' needs�ot the r residents.
6.. The Applicant s*, pleased° that Stdif, has revibwed, the_ proffer, which commits to
constrticting 50,000 square feet of commercial for every 3,O,&Jnult= _fami1y resi "dential units. To
the; extent there is any confusion..'o this ;,commitment; the Applicanf'will be pleased to rephrase;
but it is ,clear'hat the intent of the proffer .is to, deli -ver a"m'inimuni of 501,000 :square feet, of
commercial development .fo "r every K3,00 multi= family residers "tial units: To restate, the
commitment, the. Applicant is „further willing to commit, that asecond, block of 300.multi- family
.residential units will', only be cbristrucfed iaften 50,600 square feet, of commercial '.has been
constructed.
Further in thus paragraph there is a: comment Arawing from "the Stu 'Patz Impact Analysis
suggesting, that as a result, of Staff's review �of said analysis that there needs to be a proffei;ed
,guaranteed offset to add`r_ess `impacts ,from: residential: uses. In point of fact, the multi - family,
.residential' uses per, the Stu patz, report provide a, positive economic impact to Frederick County
and; therefore, the Applicant .does not understand: the suggestion that there needs to be a
guarantee: to'"offset" ,said positive impact;
7. Slaff:has correctly pointed out that., the mix of, developmentthat''is> sought by the,
Applicant at the : Heritaage Commons; site, has iio specifics cs to it and that there is no guarantee to a
mix. that will result m a, ,, "coreltown cente -,area "' The commitrtient, however; is'hat therer will be
a guaranteed mix: of residential and commercial within ,the land bays and as:,proffered. Whethei
they wi t be,delivered in the ,.form' of,a `core %town center urea" :ism6t.- a: t-:of this proffer: Indeed,
the Applicant is _leery of making such ,a commitrnenfi because: those are not defined term`s and
may,-`in fact,, be subject to .interpretatiori., The App l car t bel eves arid. subrri is that . it is far better -
therefore, to proffer that within the Heritage '(V mons ,site there will =,be commercial and
residential m close ,proximity which will allow for .an, opportunity to lwe; work and tplay in the
carne laiidbay -
We received updated ' otnments;from Mr. Bishop and will respon'd aceordii gly,
As we previously advised', we Band- delivered and e= mailed revised_ Proffers to the
agencies. that were requested for supplemental comment by I'annirig on September 18, 2014 To
date; we have only received :responses /comments. fro ;Parks "& Recreation, Planning, Fredeiick
County Public Schools, and Transportation: Wo -have responded 'it! `writing to all departments.,
We, wi11;, of course, respond;to any other comments that, in be received fron the other agencies;
,Cp, Offector,
Candice P', t.k,,i"n's,.,•A-I-CP, Senior Planner
September 26, 201.4
Pap- 4
Thank you for your continued assistance and, cooppratiom If, after you have reviewed
this lettef, commens,orcone,6rhs,oldasd:dbii0thd§itat�-'tO cbiitdi�t,,.me.
,yb:uhdv-,&;ariybther, -t
'TM'L,.jk
Enclosure
cc: R 1.50 SPE,'LiL-C
Heritage Commons,; LLC'
1
Septeriiber 2a3, 20'14
Mr. ThOmas..Moore Lawson.
Lawson and,Silek,>P.L.C.
P:O.. Box 270
V�?.inchester� V�rgii�la ?26;01
R. E'6: Rezonin`g ,, . h ` of the_Heritage Commons Project (fortiier°Russeft 150)
F
�ProPer'ty `Identification Number (PlN): 63 -A -150; 64- A10,.64- A -:1'2
Second Comments: _
Dear Mr. 'Lawson:: `
I have had pp y , d: proffer for ,ihe Heritage Commons
d °the o ortw t to..revie.,w the revise
,,project dated September£ 7 2043 and revised September. 48, 2014:.• Staffs review,
comments ate Jilted . 1.6 tfor your. consideration. A revised.. modification docriment and .
GDP. were riot provided with this submittal' and therefore staff s °previous comment letter
dated September 12 201 '3 should, also be referenced':
Rezoning Comments
1. Proffer 2 Uses, -':Density and Mix. As 'stated in staffs September f1,204-3
comment letter,'the proffer should ''show a maximum arid.mmimurn ,percentage; of
commercial and xesidential acreage being proposed. with.'this"Tezoning_ This -area .
Js proposed °to consist pf business /,commercial. and residential land uses .and
therefore „B3` (' Industrial Transition) uses should'beprohibited on the .site..
2. Impact,•;ow Community Facilities. As previously statedin•"staff 's September 12,
2013 corriment letter, as part of'yourrezoning, package, a market and fiscal impact
•analysis was submitted that showed a positive fiscal gai-k jiowever, there is no:
proffered ';pha "sing, or ,requirement that "the commercial portion be; constructed
before the residential. The deye:loprnent irnbact,model projects a.,negatiue impact
of $.13 062' pqr ;single, family attached unit and $11,339 per multifamily unit on
County, capiial facilities. Therefore; based :on they unit :cap of proffer, 2C, the
potential . ini,paet the residential. "units will have on County facihfies is $119
million. 'l lie,development sh uld,not utilize; the .future potential tax contributions
of the: cori mercial landbays to offset the residential` landbays without phasing :the .
comnaerci'al to be: buiIt- fin, conjuncti0n,with'the residential.
1i07rNorto Kent Street, Suite 202 * � nchesteri'Virghiia 226101' - it )0
Page 2'
M'Ffl'horr�asNoore Lawson
'kL: 'kezohW'cif I-I& lfage�Commom
September 2�jl_'�'6_14
I UpdhItOd Fiscal Jifipiid Anal Y A , s. Staff` was adv!sed,thqi the Fiscal impact
-
Apalys�is wasvpdAiW to , address inaccuracies in the jripiit; data. To date staff has
not received a,cppy'ofthis updated d6cuinerit.
4. Monetar-v Proffers Om.itte from' NeW Rei6hih 9W As stated in staff s
September 7 11,2O 1,3 comment letter, it, should be clarified v-vhy the new -rezoning
application.hasremovedth proffered monetary proffers:
• $t0,000 io.fir& ghd'Rescue
• $3;0.0.0 per .d it for Schools.
$2,566 HOA sta&u W: proffq-
I million:for tlic, general transportation fund.($3,,,S-0"O"lper,residential. unit)
5. Proffer,:6 —,R'eicreati'onal',A-metiiiies,. As p . reviou sly stated in staff's :September
12, 2013 comment letter. this proffer'sDeaks in:,generdi could be
constructed, as recreational. amen hies for the project, dods' not coi-nffiit, to
A
construct,, anything, 'Unlessthe, owner ;is "proffering A, s T c
ppc fi dm&enlity, the pf6ffe,r
should .be eliminated dnd the exact recreational 4unit itY y ,wQub -& be srecif e4 at the
stag'e'.t. T,,hc, � proffer also !states, that walking. trails and sidewalks will be
N4DP,
provided. I vVifhihAheic6J unity, the trail il locations , should `be 1ocated on the GDP,
Ptease-note ihat '. siaeWalk,,dofig r6advvays are required .by, County Co&
6. Proffer 6 —Phasi' n- g -. 'The revised YeV W, d phasing
,,prcMr states fha- t the applicant would
need to apply, building permit for ,,50,000sf oI7 commercial in
_ly fqf- and receive A rf trn
order, to constructi'the first, 100 multifdrilily units: The proffer also states that this
50..O.O.Osf of commercial, area `would deed'to.: be constructed, before the applicant
Oth
. (?r.- greater
could construct the '60 multifamily uniis; Th' --
i& , proffer &f er does hot.
guatAntee, the, construction of, any commercial square foot to of&ei impacts
from ,the ;ftst,''-')O'.O,i�e ideti'tial, units it sim p lyj guarantees that a building- permit for
&coniffercial; ase'-w u. ld'be obiahW._ Xffibre appropriate—proffer should ad ess
acqpisi , tion of a.,Cevtificate of Occupancy.fdr the commercial use, As written the
offer Wbuld. allow' the construction of 599 multifamily units: and
� -JO an) : townhouses Prior r,t&hhleicidl Aeve"lopment being ,constructed.. This,*
'consistent with the P _4tz suggested" p ha— ed; approach,
46, maintain `economj`c
bdaxice, hor does , this phasing, proffer guarantee to offset impacts ff.6ffi 'residential
uses., -,As written, the phasing,; proffer provides little if "any hdiefit to'the County
aril de
evelopment.
7,,. m i L xi4'U&'Development The: proposed R4, zoning, -�Qiigh( with. this
t. rezoning a 61 cz(tiod,would,enable a mixed, use developmeiii. Bow,,Over therc� 4 e
I "P. 111 __ 1. " _ � - j ar
no assurances -a -v
iraii6eg within, the pioff�r statement that a, core/town center x, i1l,' be
provided.: ro
As'p proffered, ,the: development would be" a, traditional resid'entidf and
afmerciaP pr%ee , Wi hAh6 uses, being :clearly separate from ne another;.
Page 3:. "
Mr. Thomas•Moore'Lawson_
RE R=ezoning.of'Ileriiagozommons -
Sept'ember
Other
8. Transportation• - Comments., Please note that 'trans6ortati6n,•coniments on the
rezoning apphcafion from John Bishop, Deputy Director cif • Transportation, are
being provided to :you irn -a separate letter-:
9'. Ageney Comments .:Pl'ease provide updated; agency comments from the
j following; (based on.- the. updated ;proffer sttatement) Virginia D rtment of
Transportation Frederic •County °Department of'Public Works,. Frederick County
Fire Marshall; 'Frederick County'Department, of: Parks.and,Recreatiom Frederick
County Samtaton.Authority, Frederick Winchester`lIedltl Department, Frederick
County Public Schools; ;the local Fire and Rescue 'Company and the Frederick-
Winchester, Sera "ice Authority., Once attorney comments are received by the
Planning Departr iditt, Utl ey will. lie Torwarded to Your office.. Attornev comments
are, required `for'''selieduliilg of the rezonmg,:application.
Please feel free to contaet`me w- ith.questions regarding,this ~application:
'Sincerely,
Candice E. Perkins; AICP
Se
ni(r Planner
(,EP/pd
tandi'e Perkins
C r
From:: Efic Lawtehd&
Sept -Friday , S60tember'26 1014 f':11 AM
Q
3o: 'Thomastaw'son"
Gc: 'June Wilmot; ', John Rile'
' -
Subject: RE. Heritage
Good, morning Ty.
ThAhk you for,the.vQ'icem.ail.updat,e. I under-stand you toniinue.topursue agency,cofriments and provide applicant'
,rQspqns'es to same, in,an effort to'satisfy th ISth,
e,expe�ctbtions toschedule, this item for,th,e October Planning
- Commission a 15t' 'meeting but will cancel the
gencla. Staff has submitted the legal advertiserrilelpt-forQttober,
zi�&Orfi'sement should We, hot be in receipt of thei prerequisite a-genda materials by 4--0.0 N,Monday, September 30.
This:offers you additional time to obtain l:and, resoOnd,to the 'agenc,,y,"tomments. ,Staff h'as•encouraged the agencies to
provide:you with their comments in hbpes -cif completing the application materials for inclusion on the VC.agehda.
Thank you.
-Eric
From: EricLawrence
Sent: Tuesday, September r'23; 2014.3•;49 PIVI
To: 'Thomas Lawson!
..Cc: June ,WiImot;'John Riley
"Subject: Heritage Corri'mons
H i'T
June and I just met,to discuss upc6ming'Planning "Commission age6das- the Heritage: Cornmons, project was also
discussed. It was noted that.the,Cornmission a,n'd,Board heard abbut.the .project at the September 3rd Staff Appi icatio n
Briefin& where comments:arid concerns were offered;, -So the Comrhis5ion do'es'n6tj need another work session on the
project; the next step would be a Planning Commission publi&h6aring.,
in order to scheduler a Planning Commission public hearing on the Heritage -Com ons project, please submit,to the
Planning Department.,the updated review agency ncy comments and your responses to,tKe unresolved concerns. The
Comm issibh•Chairman requests that these materiMs be Included'in the meet,L ng',,agerlda. package.
Uppplrec6ot-of these updated',re'view,agency-c . omments4and your responses, l will "b&able4o schedule the Planning
Comrriission public hearing. 'The�,deadlln&for receipt of the" matehalsJn the Pi,arinirig pepartment-.an.d'ihe respective
'Planning Commission meeting dale, are•as,follows:
Materials SUbmission.,deatiline. Planning Cornmission rqeeting'date
SeOterTib6r26, 2014 October 15, 2014
October 10, 2014,@ 5:00'PM November 5,•2,014
October,24, 2014-@5:109 PIVI November'19,, 2014.
Thanks.
-Eric
Erictawrence;:AICP
Director;. Department of .lanningtand' Oevel6pment.
Frederick.County; Virginia
107 N. Kent Street
Winchester, - Virginia, 22601
540.665.56511
540.665:6395 fax
elawrenc @fcva.Us
www:fcva.- Wplgnning
z
LAWSON AND SILEK, P.L.C.
120 EXETER DRIVE, SUITE.200
POST OFFICE 60X2740
WINCHESTER; VA 22604
TELEPHONE: (540) 665 -0050
FACSIMILE: (540) 722 -4051 THOMAS,h'IOORE LAWSON °- TLAWSONraiLSPLC.COM
September 26,20 14 "
-Eric R. Lawrence, AICP, Director
,.Candice Perkins,; AICP, Senior Planner
Frederick County Department of Planning & Development
1.07 North Kent Street
Winchester, VA 2260 1
Re Heritage Commons Rezoning Application
Our File No: 1050.001
'VIA E -MAIL AND HAND- DELIVERY
Dear Candice and Eric:
I am in receipt of Planning Staff's comments to the revised proffers dated September .18,
2014 relating to the above- referenced matter. In response to your numbered comments received
by letter dated September 23, 2.014, I provide the following.
1. The .Applicant has intentionally incorporated by reference, a =chart reflecting the,
minimum;and maximum percentage .of commercial and residential development proposed, within
each land bay. The mix for all of those land - bays ,have ranges. We will not know the precise mix
until actual build -out. Certainly one can conduct a calculation for minimums and maximums of
'residential and commercial for the entire Heritage Commons' site, and by our calculations the..
range of commercial development is 35 %a`'to 76 %O and the range of residential development' _is'
-16% to 5.6 %. The Applicant prefers, however, and thinks it makes more sense if we tie it to'.the
specific land bays as is contained in the _incorporated table. The last comment from Staff was that
B 73 uses should be prohibited. To the contrary and at this point the Applicant wants to preserve
with as much option as possible the ability to deliver commercial uses as a mix and to blend in
with the residential. It should be noted there are design standards that are being proffered as part
of this rezoning so in the event any commercial, including, but not limited to, B -3' is installed, it
will need to fully comply with design standards so the -use will be harmonious with slrrounding
._development.
FRONr.ROYAL ADDRESS: 'P.O. BOX 602, FRONT ROYAL, VIRGINIA 22630, T.ELEPHONF.: (540)635,9415 !:FACSIMILE: (540)635- 9421•- E- MAIL:'.ISILEKn LAWSONANDSII.EK.C.OM
1
Eric R. Lawrence, .AICP,.Director
•Candice Perkins,. AICP, Senior- Planner
September, 26,2014
Page 2
2. With regard to your 'co`mments about, `impacts -on community 'facilities, Staff s;.,,.
initial statement is correct that the Market and. Fiscal Impact Analysis sliows ;a positive', fiscal
gain to Frederick County. As a result, there- is no negative impact on community facilities.:..`
:
Staff 'si "comment ,seems 'to be more focused on the mix of the residential. vets- u--s co' rr"imercial.. Al l
would `be well advised to remember that the, multi - family residential according to the , Stu Patz
•Impact Analysis results in a net positive fiscal impact. As is results, even. '>f for discussion's sake
only the. multi - family units were delivered there would, still be. a net, positive fiscal impact 1.6 the
County and, therefore, to County facilities. A's you, have, noted, we have revised the proffer to
provide- that there will be a minimum of 50,000 "square feet of commercial space developed for
every 300 multi- family residential. units.. This, of course," enhances and adds to the positive'fiscaV
- -
3 Ifft sp rise to this comment; I enclose a'copy of the updated. Stu Patz report.
4.-.- : .I' assume the ;reference to the removal of proffers, is referring to monetary proffers:
that -were offered with the 2005 rezoning. Please. - understand. that this Applicant .is-notin -any way
related to' °the former applicant, and the former, applicant no longer has an`y 'interest • in this;
property... Further still, =the prior rezoning has, numerous aspects associated with it, including; but - -
;, not limited to, "the_fact that it proffers a road network and systems that are no, longer acceptable to
VD"OT and_ also:, provided for a funding, mechanism" 'through a Community Development
' Authority; which has since" been amended as a result of a, failure of 'the ,original financing
scheme Staff is correct that there are no Trion yary proffer payments called for in the rezoning
`submitted for the Herita e Commons comrriumt As the Applicant understands:it, the suggested
monetary proffers were created to address negative impacts' to the County 'that >would occur .as a
"result 'of, ,a,,` roposed development.
As stated above, the proposed "Heritage ,Commons;
development has.. a net positive fiscal impact to the County, which means that the proposed
development should" not require, a supplemental proffer payment: The Applicant would agree
that, under the prior rezoning of 2005 the development proposed therein would have had >" negative°
fiscal impacts aid, therefore; would call, for monetary payments. , " ver, the
a merits. As stated above howe
community proposed with this rezoning bears ,little, if any; resemblance to the rezoning "that was:
submitted ,and approved in 2005.:;
5:,, The - comment to they proffer'suggests, that there. is no, commitment to constructing
amenities.; In point of fact, the trails are a specific commitment of`the Applicant; one running
along the side, of the; stream channel and also providing the possibility at. the Applicant's''
discretion of installing,. 4, second one., Staff'.has`pointed ouf'that sidewalks along the road systems
are required by County Code. It is believed and, therefore, anticipated that there will be '`in
u addition to °sidewalks a multi- modal. trail.provided as a result of the development of :the road'
network, which is currently being, designed by F - erickA County's Engineer and. its engineering:
firm, Pennoni Associates. The Applicant is not -in .a position to commit to the specifics of said
road network, and. other related items, such. as ;multi - modal, trails, walkways; bike pa "ths, etc.
because the Applicant does, not. control said. design =
Eric R. Lawrence, A>GP,,Director
Candice Perkins, AICP, Senor,Planner
September 26; 2014
Page 3:
In addition to the above, the market rate: multi- family units that have been approved - ;all
include. separate recreational amenities. for each multi- family' project. The, definition of-markef'. ,
rate multi- family units includes significant investment in amenities for the occupant's of.said
market rate communities such as work -out; facilities, pools an- d meeting and social areas within: a
clubhouse; type structure. Those facilities will be, present and will be more,than adequate to
:
address therecreational needs of their residents.; -
6 The Applicant `i & pleased that Staff has ;reviewed the proffer;: which commits to
constructin 50' 000 s care feet of commercial, for ever. 300: multi -famil resid
g q y y ential =" .t.- .To
the extent, there is any confusion to this commitment, the Applicant will be pleased to rephrase;
but it is clear, that the intent of the proffer is lo, ,deliver a minimum of-"50,00,0 square feet 'of. -
commercial development for every 300 multi .family. residential units To restate the
commitment, the Applicant .is further willing to cornrriit; `that a second block of 3`00 multi = family;
residential. units will only be .constructed;,,after 50,O-Q,0 ,square: feet, of commercial -has been
constructed
Further in.tliisparagraph there is a`comment drawing from the Stu Patz Impact Analysis
gg g w of,'said anal s s that: there needs to. be. a roffered '
., y '
g - -
suarant e&,offs t .to address impacts from: residential uses. In point of fact,Jhe 'multi - family.
p
residential Uses per the Stu Patz report provide a positive' economic impact to- Frederick'County
and, ;therefore; the Applicant does not understand the- .suggestion. that there needs to be a
guarantee to "offset" said positive impact.
7 Staff has' correctly pointed out that 'the mix of development that is soughf by the
Applicant at: the 'H'ertage Commons site has no specifics to it and that there, ,is no guarantee ;to a
°
mix that will result in a. "core /town .center area. , The commitment; however; is that there will be `
a guaranteed mix' of residential and commercial ;_within the land bays and as proffered,. Whether,
they will. be: delivered in the form of a "core/,town,.center area "' is not part- of this proffer,: 'I nd op d
,
the Applicant I s'.leery of making such a commitment because those are not' defined terms and
_4y In fact, be subject to.iriterpretatiori. The Applicant believes and submits that it is,far better,
therefore, to proffer, that within the Heritage: "Commons site there will, be commercial , and
residential in close proximity which will, allow "for an opportunity to, live; work and. play in the
.:
same land: bay:,
8..
We° received updated comments from 1VIr. Bishop and will respond, accordingly,
-
9. ' As we previously advised, we hand - delivered and. e- mailed revised Proffers to, the
, -
agencies that were requested for supplemental eoininent by. Planning on September 18, 2014 :o
date; we have- only received responses /cornments::from; Parks &Recreation, Planning„ Frederick
County Public Schools and Transportation.= We. have responded in writing,-to: all departments..
We will, of course; respond to any other comments that may, be "received from the other ggencies. ,
T -
LAw.SON AND SILEKIPOL.Co-
120 EXETER DRIVE, SUITE 209
POST OFFICE. BOX27.40
WINCHESTER, VA 22604s
TELEPHONE: (540),665-0050,
.;FACSIMILE: ,i540) .722,-4051
I
THOMAS MOORS LAWS:ON i TLAN'SON(i�LSPLCXIDIM
September 26,20,=14
John A. Bishop, AlCP
Deputy birector-TranspOrtatiob
'County of Frederick
Department of Planning And Development
107 North Kent. Street; 'Suite' 202
Winchester; VA 22601
Re-,
VIA E7MAIL AND HAND=DELIVERY-
Dear John:
Heritage,Comm'Ons Rezoning Anplicatibn
Our File No. 1050.004'
I am in receipt of your comments to the revised proffers dated September. 18, 20,14
relating to the above-referei . iced matter., . ..In response, to 'your . numbered .comments received by
letter . dated September 24, ,20 14, 1 provide the following.
You are correct,. the 6enera,lizedbevelopment Plan ("GDP") has not been revised
with the'September .18, 20:14_profferrevisions.
2'. With regard1to your comment about the entrances. reflected on the 'GDP, all need
to be- reminded that the road. and bridge -n ' etwor ' k runniiig,across not only. the Heritage Commons
property, but also, across 'the adJ_ofn!q'g,(Q1aiz�), property 'is beirig-toriddcted as, a joint project
between VDOT and Frederick County With the Frederick ,County ,Engineer having the primary
.role- Of coordinating, the work- on_ the project,, including, but not limited to, the design n and
erigineeripg.. The Applicant has intentionally erigagpd-.Pennoni Associates to prepare exhibits,
such as th!6'GDP because - that .engineering firm is the firm* that hA.-s-been selected .bT Frederick
C ou n ty and approve d by VDOT to design 'and engineer the above-referenced-road network. Any
entrances reffected ih the' GDP are,jherefore,, shared with ik design team working with
Frederick Cou�tify and VDOT. To 'the, extent any further consideration of those entrances needs
to. occur, the Appl'i' cant-believes"that. is' 'being conducted by°lhe Frederick County /VDOT design
team as. the. work'progr6sses. Certainly, the Applicant will defer to that process with regard to
p ic-
the* location of entrances, provided that there is. reasonable access to the Applicant's property.
Likewise, the. suggestion't hat, all entrances shown on the GDP should be,.removed from the
graphic is not appropriate. Clearly the,purpose of this road network, is not only to allow through,'
traffic to and from the City of Winchester- and Rt. 522., but also to access.the Heritage Commons
property:
FRONTROYAL ADDRM:' P.O. BOX 602, FROSTROYAL, VIRGINIA 22630JELEPHONE:'(540)635-04 15.- FACSIMILE! (.546)635-9421 -,E-MAIO. JSILEK@"WSONANDSMEK.COM'
John A. Bishop, Deputy' Director= Transportation -
$eptember 26,, 2Q 114
Page 2
1- The Applicant understands that . Frederick, County Deputy Director of
Transportation is, requesting, a 'determination from. VDOT as. to what, Jf anything, ought to be
required by way. of further traffic study: As soon as that information, has been provided from
VDOT, we a "ssume ;that will be forwarded to the Applicant. The. Applicant does appreciate the
suggestion that "there be a development cap in order to "...keep trip' generation in line with what
'was considered_ at the previoil& 'rezoning." `The Applicant submits, however, 'that the
development types and` •mix as submitted and included in the rezoning application 'should be all
that. is required. The Applicant has intentionally restricted. residential unit; development to no
greater than 1,200, but not capped, the commercial; which Would .include uses such as office and
- retail• because those uses are:vefy,positive from a fiscal and :tax revenue perspective, to Frederick
County.
'The; Applicant also submits that the° ,significant road . network `being installed
across its, property and across ,the'adjoining, property :is more than. adequate to accommodate. the
Potential :maximum build out, which is described in the rezoning application. Indeed; the
Applicant, is aware that VDOT ha_s conducted several traffic; studies of its, own that has resulted
in the new road alignment, which is reflected in the GDP to include e dual lane traffic circle and,
further, still, that thi's road network has been designed to accommodate `a detour of trips which 'is
to .occur when the Rt: 50 bri•dge'that crosses .I -8 is removed -and reconstructed. To this end; the
Applicant is curious ids, to what benefit a, traffic, study would provide: because if this road' network
has already been deemed to be satisfactory•;to VDOT, what purpose would another traffic study
serve? Certainly it would not serve `to, allow for the installation of a lesser .road network ,given
the fact that Frederick County -and' VDOT have decided on the network. as depicted on the GDP.
The Applicant commits to continuing to work with the .Frederick County Deputy Director of
Transportations on these issues, .but: we would expect that•after there 'has been a thorough review
of the traffic studies that were conducted with the original, rezoning: and the, subsequent traffic
studies commissioned by VDOT that there has been more than, 'adequate study of this, road
network and, that it,. more, than adequately .addresses impacts from not only this proposed
development, but also the impacts,-that would.coine,from the.regiori as a,whole;
q. References to the existing rezoning and proffer approved in 2005 makes the
evaluation of this proposed. rezoning unnecessarily confusing .and' challenging. As .stated in
response to previous•comments, the: existing rezoning.dnd proffer is fora much,differentproject•
with different: aspects,, ,a 11. of which 'fora multitude of reasons are.not buildable. As it relates to
transportation; •'the existing, proffer, :describes ,a road network that VDOT has determined is
unacceptable. Therefore, to make: references to an existing proffer that calls for specific road
installations as set forth 'in :the 2005 proffers is ,not especially •helpful `because VDOT does not
approve ofaaid'road alignments and configurations. Instead; the Applicant has proffered to pay.
the Frederick County sharej''of the road project described as ''part of the cost sharing agreement
with. VDOT. It shout ,6e pointed out that as the final design work is 'completed there will be
more definition, given'to alt parties. the Applicant.as to what the exact fi nal costs will be and
the mechani "tri for the payment of''sarne.. The Applicant does agree that the -exact term. s of said
John A., Bishop, Depu ty Director- Transportation
8e,ptemb eT '26,2014
- .. . .......
Page 3
agreement- will, be the subject of a separates agreement' between the =Applicant and Fred&rick
County,..
5; The :Applicant his not sure what is meant by this, comment ,about the bridge over I-
-t improvements across the
S I.• As the Applicant. understands the � cost ;sharing -proj'ec for = the road
Heritage Commons property:,and the•-neighboring (Gldize) property, :it includes, u bridge which
crosses 141 and connects to `revs Street in the City where -another project has been committed
to and which would attach Tevis Street to the bridge.
6. This is again a reference to a prior, proffer. . All need t b
6, e reminded that there are
no, CDA funds to pay for "any. transportation .improvements on -the Heritage .Commons property.
The Applicant has comrhitted, to• paying Frederick County's share of the cost shafing agreement
with VDOT to construct the road network, which is depicted. �onthe GDR. The 'final cost of said
project I `is'. not,yet knowq".
butjt'is ant I icipaled to be I i . n 11 excess of'T$10,000,000. The-Applicant's
commitment to pay. Frederick County's share-of'same is fora -significant amount of money. To
commi t. further still to pay additional sums, let 'alone an additional $ !,QQO,000, is not possible.
Further still, given the'fact that a significant transportation network is being installed on the
Applicant's property, which is being &signe&to address not only the impacts from the Heritage
Commons property; but 'also, fromthe region as -a -whole., the Applicant does not understand why
it Would-,be expected to a
pay addition 1 sums; to address "impacts.7
7. Please see-pr : ior comments` to references approved in 2005..
Thank you for your continued- assistance and- cooperation.. If,'after' you have reviewed
this lettef you have any ot,bervq'mments Or concerns, please;'clo not hesitate to contact me.
TML.jk
CO: R 150 -SPIS, LLC
Heritage COmffioqs. LLC
Candice Perkirft
From::. EricCawrence
Sent: Wednesday,^S'epfember'24 201.4 TV'
To: Candice Perkins
S'ub' 't; Fwd': Heritage Commons
Sent`frofh-' h6he,
Begin forwarded message
from'Tbomas Lawson <tlawson(PIsPlc'com>
Date September-23, 2014 at 4 58 P2,, I EDT
V*: E- is Lawren_ce� <elawrenc @;fcva:us>
i tt :,Admin. <ad'bw @Isplc corri> "Ador n. 1 <jkitflaus @.Isplc com>
Subject. FU1/ Heritage Commons;
From: Thomas Lawsorr ,[mailtoalawson @Isplc.com]
Sent: Tuesday, September 23' 201`4 44:49 PM
To: 'Eric Lawrence''
Gb :,'JuneWIft ot'; 'John Riley'; Admin.; Admin. 1
Subject: "RE Heritage Commons
Thank you for your memo ,,and ;for,confirming,the October -15 Planning Commission. date. As'John,.Riley
knows our developers have financial considerations that.mandate that,ihisxezo.ning needs to be heard
land voted on::on'or before the .end of}cafendar,year 2014: If we go beyond't,hat.then l am afraid this
property will need to sivtuallow °time�for another. developer to have interest'in the property and try to
proceed; The October 15 PlanriingvComm.ission date, works -beca use 'it allows fort'he opportunity (if
e ..
•needed, :for one follow up meeting/ hearing before either:the Planning_Commission or Board of
S,upervisors�. Interestingly, just,one;
With regard to the deadline oUthis Friday to s..ubm fagency comments and our'reply to the; same you
need to know'that theonly updated.agency'comments,l have received.are,fr.om th'e Planning
Department, and'wetwillsend . a . replytomorrow orThur_day: I have sent reminder lettersto,Ahe:other
reviewing agenci "es asking for their updated comments. if'they have,any. I would assume that it will not:
be.h:eld, against the developer. /applicant if we'have not received agency commentsio,h or before your
deadline:: ?` '
Thanks, everyone for their, consideration of this rezoning application., W06bUdi;rw2r'd toAhe hearing on
October 15th. Ty
From Eric Lawrence. [maiIto:elawrencCa�feya.us]
.Sent. Tuesday;. September 23 201'4 3:49 PM.
To: 'Thomas Lawson,"
Cc June Wilmot; JohnR. ley
Subjects Hentagetornmons
HFTy -.
1
June " an d , I just'met'to.discuss� upcoming Planning Commission agendas,:;the Heritage Commo'ns,project•
was also discussed . It`Wa_s noted that; the Cor'rirriission;and Board.. ear d aboutthe project at the
September 3 Staff A,pplica lM13riefing,"where comments °and concerns"were offere'd.,,.'So the
Commission does: not need another work session on'the project; the nexisfep,would be a Planning
Commission pubi,ie hearing., a.
In order to`:schedule a Planning;Commission public hearing;on the Heritage,Comrnons�pro1ect, please
submit- 1 o t_he Plan'ning'Departnent.the uypdated review agency comments;and your responses to the
j unresolved:coneerns: 'Th'e Commission Chairm%Jh`requests tfiatthese "materials be included in the
i meeting- agenda package.
upon receipt of tfese.updated: review °agency comm your`responses, ;will be able to schedule,
the Planning Commission public.hearing. Th:e deadli'nefor,receiptiof"tfie- materials in the Planning
Department, and the respecti ,ve`Plann'ing,,Com,mission meeting date,- are`,as,follows:
Materials °S'ubmission deadline;. Rlanning Commission meeting•dat'e
Sepiember;,26, 2014 @ 12 OOP.M October 15, 2014
October 1Q, 2Q14, @.5:00 P,M November 5, 2014:
October 24,,2014V 5:00 RM November 19, 2014
Thanks. .
-Eric
m Eric.Lawrence, 'AICP'-
i Director,`Department of Planning and`Develo:pment
Frederick ,County,`Virginip
1Q,7 N.,;Kent Street
Winch- ester, Virginia 22:601.
j
540;1565., 6395 faxs
elawrenc@f -va:us_
www.fcvaus /planning'
No V. in-o fo u-- n-d in this message::.'
Checked'liy AUG - www avg.com "
Version. 20,14.,0.4765 /, Virus: D atabase: 4b25 /8262' -. Release Date: 09/23/1'4 :
,a
2
From: Eric Lawrence
Sent: Tuesday; September 23; 2014 3:49' PM
To: 'Thomas Lawson''-
Cc: June`W,ilniot; John Riley
Subject: Heritage: Commons
H i Ty..
June and I justrnet:todiscussupcoming Planning Commission agendas; the Heritage Commons project, was also
discussed., It was noted that the'Commission,and Board heard about the project at the September 3`d Staff Application
Briefing, where comments and concerns0Were offered. So the Commission does not,need another work session on the
project; the, neztstep would be a Planning Commission public hearing..
In order to schedule a Planning Commission public hearing on the Heritage Commons project, please submit to, the
Planning Department the updated review agency comments and,your responses to the unresolved concerns. The
Commission Chairman requests that, these; materials: be, included in the meeting agenda package.
Upon receipt of these updated review. agency comments and,your responses, I °will'be able to schedule the Planning
Commission` public hearing. The deadline.for receipt of the materials'in-fhe Plar°ning;Depa-rtment, and the respective
Planning Commission meeting date; are has follows
Materials Submission deadline Planning Commission meetingdate.
September 26 2014 . @ 12:OOP-M October 15,20-14
October 10, 2014 @ 5 :60,.PM Novembe=r 5, 1014
October 24,101.4 @ 5 :00 PM November 191, 2014
Thanks.
-Eric.
.k
'Eric Lawrence, AICP:
Director, Department of Planning and Development
Frederick County, Virginia
r 107 N. Kent Street
Winchester,., Virginia 22601
540.665.5651 '
540:665.6395 fax
elawrenc @fcva :us
www:fcva.us /planning
2
Septenlber.23, 2014
COUNTY of 1F -Iw E7ICK'.
Department of`P_lanning and Deyetopment
540!'665-5651
FAX': 5407665 =6395
Mr. Thomas Moore Lawson
Lawson and Silek, .PLC.
P Q,. Box 2740. s
Wii ehester Virginia 22601
,RE: Rezoning #02-1'4 of the Heritage Commons, Project (former Russell 150)
Property Identification.Number ( PIN): 63-A4 50,,64= A1Q;,64 -A -12
Second Comment's.
Dear'.,Mr: Lawson;;
I have had. the opporturty 'to review the revised proffer for the Heritage Commons
project dated, September 7; 2013 ;and" revised' September 1$; 2014. Staff's ,review
comments ,are listed below for . your consideration. A revised `modification document and
GDP were not provided with this 'submittal and therefore staff - s- previous comment .letter -
dated',September 1, - 20.13 should also be referenced;
Rezon ng'Comments
1-. Proffer I,. Uses; Density and Mix-. As stated in staff's September 1'2, 2013'
comment letter, the proffer, should :show amaxirnum and - minimum percentage of
commercial ;and residential acreage being proposed with,-,this rezoning. This area
is proposed_ 'to consist, bf business7commercial. and °resi'dential land uses and
therefore,-83 (Industrial Transition) uses, should be prohib9ted on the site.
2: Impact ;on Community Vacilities: As previouslystated Jh staffs September 12
2013 ,coMment.lefter, as °part of your rezoning package a market and fiscal impact
analysis was submitted .that "showed a positive fiscal gain;, however; there is no
proffered phasing', or, requirement that the commercial portion' be; constructed
before the residential. The development impact model projects 'a negative impact
of $13;062 per single family attached unit and $,1;1,339 per multifamily unit,on
_
County capital facilities, Therefore', based on the .unit cap of proffer 2 "C', the
potential impact' the, "residential units will have on County facilities" ,'is $43 °:9
million, The °,development,should' not, utilize the future,potential,tax contributions
of the, commercial _landbays to offset the residential landbays without; phasing the
commercial'to, be built in conjurietion, with the "residential,,
1'0,7 North Kent, Stree "
t; Suite 202 " "W.inchester; :Virginia 22601 -5000
page 2'
Mn Thomas porei Lawson
RE Re"zonmg 61414 ritage'Commons
September 23''201'4,
3: Updated fiscal: Impact Analysis: Staff was advised that the Fiscal Impact.
Analysis yeas updated to address`inaccuracies in the input ,data. To date staff has
not received a copy of,this updatedvdocumenf:
4. Monetary ,Proffers Omitted from New Rezoning. As stated. in staff s
September `l2, 20'13 commeirit•- letter; it; should be; clarified why the new rezoning
applcation'has removed the following previously ";proffered; monetary proffers:
• $1;0;000 to,�Fire and_Rescue;
$3;000.per unitfor Schools
• $2,500 HOA stawup' proffer
• 1 tr illion> for the ;,general transportation ffuind'($3,500 per, residential. unit)
5. Proffer 6 : Recreational Amenities. As prevously';stated °'in staffs September -
12, 2013 comment letter., this proffer "speaks in ,general' terms of what could, be,
constructed as recreational amenities for 'the -project; but doses not, commit to-,_
constr".uct anything. Unless the :owner..is proffering a. specific amenity,, the °proffer
should be efiminated and''. the exact, recreational unit type; woul'dtbe specif ed at the
MOP stage': Th6ry roffer- also states that walking trails and sidewalks will be
provided wi'thm the commumty;' the, frail locations .should be located -on the GDP.
Please note that sidewalks along roadways are ~required by County Code.
6. Proffer 6L 0has in- g The revised phasing proffer states that the applicant would..
need to apply °for and eceive a, building, permit :.-.for 50 000'sf of commercial in
order to construct'° the "first 300 multifamily-
units. The proffer °also. states that this
50,000sf of commercial area. would, need to be constructed;:before the applicant
could construct^ the 600 h` or, ;greater'° multifamily units. This, proffer does not
guarantee the construction of :any commercial square footage :to offset impacts
from -the first 300 residential units,.itsimply_ guarantees that a.Building permit for
a commercial use would'be obtained. A. more, appropriate proffer should address
acqui tion of :a C'erti`f Cate of °Occupancy for = the' commercial use. As written, the
proffer would 'allow the construction of 59,9 multifamily units and 184
'townhouses -prior to any �comrnercial. development,aieing. constructed. This is riot
eons stmt, :with the,, Patz• suggested phased approach 'to 4mamta n economic:
balance, nor'does tl is`phasing.;proffer guarantee fo offsett impacts Trom residential,
uses; As' written, "the• phasing proffer provides little if any benefit to the. County`
and. development. :
7.. Mixed, U'se :,: evel'opment. The- proposed 'R4 ,zoning being, sought with this,
rezoning, application �wou'ld enable a ,mixed:,use development; ,however„ there are
no assurances within the proffer statement that a; core /town center area will be;
provided. As;,proffered,, the development would be a ,traditional .residential and:
co nmercial,project; with the uses being clearly separate from.one another.
Page 3
Mr. Thomas Moore Lawson
RE:`Rezoning of_ Heritagetommons
September 23, 2014
Other
8. Transportation Comments. Please note that. transportation comments on the
rezoning application from J&ff Bishop, Deputy 'Director of, Transportation, are
being .provided to you in a separate letter:
9 Agency Comments; ' Pleease: provide updated agency comments from the
following (based ' on the updated proffer statement): -Virginia Department of
Transportation, ;Frederick County Department of 'Public: Works, Frederick County
Fire Marshall, Frederick County Department of Parks and Recreation, Frederick
County "Sanitation Authority ,,Frederick- Winchester.Health Department, Frederick
County Public Schools, the local Fire' and Rescue :Company, and the Frederick-
Winchester Service Authority. Once attorney comments, are received by the
Planning Department, they will be forwarded to your off ce. Attorney comments
are required for scheduling of the rezoning application.
Please feel free to con"tact:me with questions regarding this appli'catior`.
Sincerely,
v
Candice E. erP tns, ICP
Senior Planner
CEP /pd
bec, John`R. Riley, Jr.
Frederick County Board of `Supervisors
LAwsoN AND SILEK, P.L.C. -
in EXETER; DRIVE, z _, Sum 200.
POST OFFicz'Box-2740
WIN R lidftR. VA-2244 -
(540)'665 -0050
1: I , - _
TELEPHONE:
FAcsuamx: (540) 7224051
THOMAS Moom,LAWSON • TILAWSDINALSPLCCOM
September 23, 2014
Jason Robertson, Director
Frederick., County Department of Parks &
.Recreation
107 NordiKent-Street.
Winchester,, VA 22601
Lloyd A. Ingram,, Transportation- Director
ViTginia,Devartment of Transportation
Edinburg Residency.
1404 Old Valley Pike.
Edinburg, VA 22.8124
Harvey E. Str4ws.nyder,,Jr;, PR,
Director,of Public Works
Frederick County; Departinent of?ublic Work&
107 North Kent Street
Winchester, VA 22601
Roderick B. Williams, Esquire
Frederick, County Attorney
107 North ' Kent Street
Winchester, VA226,01
K. Wayne Lee, Jr..,LEED-QA
Coordinator. of Planning,and Development
Frederick, County Public Schools
1415 Amherst St.
P.0-B.OX35018.
Winchester, VA.22604
Eric, Lawreric.e,AICP, . Director'
Frederick County Departmeaof Planning. and
Development
-.107 North K6nt:Sireet. Suite 202
i 'Winchester, VAU2601
Re: Heritage Comnicifis'Rezoning Application
Our File No. 1050.004
VIA. E -MAIL
Dear Gentlemen:
I received, zorrespondence today, from 'Mr. 'Strawsn -Director of Public, ',Works,
yOer
regarding'the. Proff6rs that Wdfe hand-delivered anrra'smeslthe e-led. to a few select,4geiicies on Thursday
, point, that, Exhibits, A -and B were not,
for review �and commentStra*srfyd ' er's lei.
included dri the Proffers. Thr-e, reason they were: not included Jsl because they have, not been changed
from the Last submittal; 'So? everyone does hot.needto up previous
exhibits, however, Lenclose Exhi bits A and B. •
Fjj077 ROYALAj=A=ftW0jj= 9=602, FRO , n ROYAL, 1FMG0LA226^TUMU=:'(50)635-9419 • FAMMUS: (S40)U5-%21 • &KAhz-
Candice "Perkin$°
From: Eric',Lawrence-
r Sent Tuesday, September 23, 201443:49 PM
Tos Thornaslawson'
Cc� June Wilmot John Riley
Subject: Herritage °Commons'
A
i '.Hi Ty.
June,andil. ust met:to,discuss u comet Planni,
1 p.
_' g ng Co',
mmission.agenda's; the Heritage .Commons project was,also
i
discussed. It was noted that the Comm 'ssiontand%Board , hea`rd aboutahe, project at the,September 3 d Staff Application
i Bnefmg,.where comments and concerris•werexoffered �So`the.Commission does:not, need another work session on the
pro ect,,the nextste ..would be=' .
j` p a Planning. Commission public hearing,
In o.rd:er to- schedule a Plarming,:Commission publichear,ingwon the. Heritage Commons ;project;'please,submit;to the
j daed ew agency, yor reonePlanning Deprtment the up e m sto the unresolved concerns: 'The;
Commission. Chairman requeststhat these'materiaksbe included i'n the! _meeti' agenda,,package.
I Upon, receipt�of these updated. review.agency comments and your- responses, hwill beable ,to schedule the Planning
Commission public hearing The deadli "ne for _r: "eceipf ofthe materiak'jn the Planning Department; and the respective
Plarining)Commission meeting d'ate,,a,re as follows: "
MV serials Submission deadline Planning Corn.mission,mee.ting,date'
September 26,2014 @ 12:000M' October 15, 2014,
October 10;,2014 @ 5 ob PM November 5, 2014,
October 2'4;.201'4 @ S:OO,PIVI .November 19; 2014
•
a Thanks,
" =E_ric
_
r i _
Eric Lawrence, AICP
Director.; Depar.:tment•of Planning•and:D'evelopment
. ; ,Frederick County,'Virgini'a
107N Kent,-Street'
W'i'ncheste.r;;`.Virgina 22,601
54Q.66 5,.-665i
540:665 6395 afax'
elawrenc @fcva:us
wwwfcva.us tannin
t
I
tandi'Ce Perkins"
�Frorn: Thomas Lawson [tlawson @Isplc:com]
Sent: Monday; September 3;42PM-_
Eric Lawrence
jCC! Cahclice Perkins; Admin.;.Admin; 1
Subject: Heritage Commons'
This is a follow-up to my voicemail of earlier today:. Please let-me -knowat your earliest convenience your comments to
ursday, J am hoping the revisions to the proffers that "the, revised Proffers: that, were, hand delivered and.e- maile
guarantee a,-mix'of commercial-d'evelooment along with the high density residential," as well as the payment for the road
improvernep ts,.Will, be to all agen'Cles' siAisfad-ion. Of course i if there areany comments, I would like to have them well
in advance of the,Octob& 15 Planning ,Commission meeting so we can. makewhatever revision's may be advisable.
Finally, please confirm we do have a hearing before the Planning CQmtn,i'ssi6,n o'n: October 15; Thanks, Ty
Thomas Wore Law_ son, Esquire
Lawson and Si.lek, P.L.C..
P.O. Box 2,740
VVinchester;, VA 2204
Ph: 540-665-0.050
Fax: 540-722--4051.
Email: tI6wson'(cDls0lc;cOm
The information contained in this message is information intended, only:for'the use of individual or entity named above,
and may be attorney /client' privileged; and.confidenflal'. If , the'' , re , ad , er, , of , thi& mes -sage is not the, intended recipient, you are
hereby notified that any di§semineition, distribution or copying of this communication is strictly prohibited. If you have
receivbd-this-, con irhunication, in error, p , lease, immediately notify us . by telephone and return the Original message to us at
the above address.
•
LAWSON AND SIUK, P.L.C.`
120 EXETER DRIVE, SUITE 200
POST'OFFICE BOX 2740
WINCHESTER, VA' 22604
TELEPHONE: (540)665 -0050
FA61MILE: (540)122 -4051
September 128; 20114
6.
THOMAS MWRE LAWSON •'rLAWSON Q LMCcCOM
Jason Robertson, Director Roderick B. Williams, -Esquire
Frederick County Department of Parks,, & Frederick' County Attorney
Recreation 1 07 North Kent Street
107 North Kent Street Winchester, VA 22601
Winchester, VA:2260,1
Lloyd A. Ingram, Transportation Director
Virginia Department of Transportation
Edinburg Residency
14031 Old Valley Pike
Edinburg, VA 22824
(via e -mail only)
K. Wayne Lee, Jr., LEED G'A
Coordinator of Planning.and Development
Frederick County Public Schools
141:'5 ;Amherst =St.
Winchester. VA 22604
Harvey E. Strawsynder, Jr., P.E., Eric. Lawrence, AICP Director
Director of Public Works Frederick County Department of Planning and
Frederick County Department of Public Works Development
107 North Kent Street 1,07 North, Kent Street, Suite 202
Winchester, VA 22601 Winchester; VA 22601.
Re: Heritage Commons Rezoning Application
Our File No. 1050.00 +1'.
VIA E MAIL.AND" HAND - DELIVERY
Dear Gentlemen:
Enclosed please -find revised Proffers for the Heritage, Commons development. As you will
recall we participated in a joint worksession with the Frederick County Board of ;Supervisors and
Planning Cornnnission on September 3, 201'45 and we had a follow -up discussion with Eric
Lawrence and' Candice Perkins. The. result is the enclosed revised. Proffers which the Planning
Department has asked that we. send to you as reviewing agencies that are more effected by the
{ revised Proffers. We are intentionally hand - delivering this correspondence and revised Proffers as
well as. e- mailing so that we "can get- a quick turnaround with your comments- We are tentatively
scheduled .for a, Planning." Commission public hearing, on the rezoning on, October 1:5, 2014. 1 know
that Eric, Candice;and I`want to have the benefit ofany revised comments from your agencies to the-
Planning Commission members well in advance of'that•;public hearing.
FRONT. RoveL ADDREM Post OMCE Box 602, FRONT RoVAL, VIRCINU 23630; TELEPHONE((540)635-9415,o FACSIpfILE: (54(1) 635 -9J21 ! E- A1AIlt7SiLEK fa�LAN50NANDSILEKCOAf
1
September 18, 2014
Page 2
Thank . you 'for, your-' assistance and cooperation. We look forward to receiving your
comments. As always, if you, have. any questions or want to discuss your comments further, please
do 'not hesitate to give me a call.
'Very
Thom s ` oore Lawso
T.ML:jk
Enclosure
cc: R 150 SPE, LLC
Heritage Commons, LLC'
WS ,N' AND, SITED,, PaoL Co
120 ExETER DRIVE, S01 ►.;;200
J'oST OFEI(E,Bpo ,2740
W1 C. V/A 22604'
T,FLFPHO'F (540)'665- 0050
FACSIMILE (540)172-2405
HP 1 -8 2014 .D
'TIIQMAS A100RN LAWs6N •.TLAw✓ 6N41UN LGCOM
September 1.8, 2014
Jason Robertson, Director . Roderick. R. Williams, Esquire
Frederick County Department of Parks:& Frederick C:ounty,Attorney
Recreation m I V `North Kent.. Street
107'NbrthKent Street. Winch'ester;'VA 22601
Winchester, VA.22'601
Lloyd ;A. Ingram, Transportation Director
Virgihi'a Departmentof Tfansporta6o`h
Edinburg Residency-
14,',031 Old Valley.`Pike
Edinburg," VA 22824
(via, e -mail only)
K. Wayne .Lee, Jr,LEED, GA
Coordinator of'Planning, and Development
.Frederick. COuntyPublic- Schools
1415, Amberst St;
'Winchester, VA 22404
Harvey E. Strawsynder, Jr., P E. Eric Lawrence, AICP, Director
Director of Public Works Frederick Count yD:eparf'ment'.ofPlanning and
Dev_elo, merit
Frederick Country Department of Public Works p
107 North Kent Street 1' 07 North Kent Street, Suite 202,
Winchester,'V,A 2 -260 "1 Winchester, VA 22'60,1
Re Heritage Commons Rezoni_ng'Application
Our File N'01.,11'050.001
V'IA E'- MAIL : AND, HAND= DELI,VERY.,
Dear. Gentlemen:
Enclosed please find revised Proffers for the .Heritage Commons deuel'opinent:, As you will
recall. we participated in a joint worksession with, the Frederick County Board .of S.upervi'sors and
.Planning Commission on September 3, 2014, and we, had a follow=,up discussion with Eric
Lawrence and. Candice Perkins':, The ;result is the enclosed revised Prdfferg4 which the Planning
De p artment has asked that we :send -to, you as ,reviewing agencies that are more effected by the
revised `Proffers. We are 'intentionally hand- deliweth g'this correspondence and rev' sed Proffers as
"well ,ass 0- mai'li'ig so that we can ;get A, quick turnaround with your cornn ents. 'We •are tentatively
,scheduled for a Planning Commission -public ;hear_ing on the rezoning :on October 15, 20:.4 4. I ;know
that Erin, Candice, and I. "want, to have. "the benefit of any revised ,comments from your agencies to the
Planning Commission members well in advance of that public, hearing.
_ _ „_ ..__
+ FRONT ,ROVALADDRESS :'.POST,OFFICE BOX�G02,FRONT_ROVAL, VIRGINIA 22630;'TELEPHONE�(5�0)G35, -9415 FACSIMIEE (SAO),G3$�9421 !E= MAIL:: fSILEK(a�1:AWSONANDSILEK.COM
September 1 20,T4.
Page 2
Thank you for your .assistance and' cooperation., We; forward' to receiving your
comments. As ~always, .if you l a�.,& d y- questions or. want �to discuss +:'your comments, further; please
do not`hesitateato. give,me a call;.
Very_ -.,1
Thom s ogre Lawson'
TML:jk,
Encjosure
cc: Rj5.0'SPE; =.LLC
Heritage Commons, UQ
I
HERITAGE, COMMON& PRO -FFER. STATEMENT'
REZONING: RZ#:,O"-1 =05
Rurdl,Areas (RA), Business General
(02), and ResidentiA
Perf4rmance (RP) to Residential Planned Community District (R4)
PROPERTY:. -1,50.59, acres
Tax, Map 'Parcels #63 -A -150, 64 and 64--A42 (collectively
the "Property ")
RECORD OWNER:
APPLICANT
PROJECT NAME;
ORIGINAL DATE
OF PROFFERS..
RE - -
VIS1,0N'QATE(S')-.-1
Executive Summary,
150. SPE,LLC
H'erifiage. Commons, LL.C' ( "Applicant ")
Heritage Commons
September 6, 2013
Augu'st,7, ,2014. September 18';.201,4
The Property was s originaffiv r.e,zorfej in September 2,005 -under the name of Russell B.O.
`The.'Property has since changed owne�s h_ip an d the 'new ownef'wshesy to rezone the Property" to
Residential Planned Community District (R4). The undersigned, Heritage. Coftirftofis,, LLC, its
,successors and assigns,, hereby, proffers -that the use and development of the subject, property
shall be in ;strict ;accordance with the following conditions and I,shall supersede and replace; all
oth& p-r,,.Qff&rs made prior hereto It 'I'S furtffer the, statement, and,, intent that with,,the acceptance of
the proffers contained herein any and' all prior ofpr6rs: affecting this P o
erty shall be-deemed
null,. void, and, terminated. - In the event 'the above, - :referenced amendments are not granted, 'as
,applied for, bjy—Applicant; the below described proffers :shall be withdrawn Andbe null and void..
The .headings ',of, the ' proff'6'rs, set forth 'below .have been prepared for convenience, or reference:
'only and shall not control ','or ,affect .' r, be�.,ta'ken as an,iriter retation., of an-�, provision,
,the o p _ i
provided tm-1 "devolo ment
,,f'the; p p
ypffers. The improvements proffered herein; be,, pro g the e� of
p
of that'portion . of the ,s:fte:,adjacent,-to the improvement, rn ove nt, unless otherwise specified herein..
Ref6rences Made to the Mastet'Developmefit Plan, hereinafter "referred to as the,
,Generalized Development Plan ;dated Augqst 7, 20-14, as required. by the Frederick County
Zoning Ordinance, are to be Inter
preted to be references to the: spgcific, Generalized Development
-A hereto ;,andi"I'h-c-or-p 6-rated herein, by reference as' "Exhibit A."
Plan'slieets attache
The exact, boundary and acreage ,.Of �each, land bay may be. shifted to a, reasonable degree
At the . time. of si'te,,plan submission for each land bay in order to accommodate eqgineiering or
design considerations.
Applicant'is, sub- imtti_ng, a Generalized Development Plan, "Exh'ibit A. as part of'a'iezon ng,
app "licat on.. The Geiieralized.:Development' Plan is provided in lieu of a Master"° Development
Plan and contains all information deemed appropriate b_y the Frederick County Planning
Department. TIfeT Generalized peveloprnent Plan does not, eliminate 'the requirement for a
Master Development P1'an "for'the portion of the site to be- developed, which will be provided
following. rezoning•, approval "of`the 150.59' + /- acre site..
DESIGN MODIFICATION: DOCUMENT-
In order. for Apply can`t and ;Frederick. C "ounty to ".implement thi's .Residential Planned
�.y i , i p Applicant y g Staff to
Comrnunit. District rt will be am ,octant for" A : _licant and Frederick Count Planning
have the opportunity to; anticipate andorporate ,and develop hew' design types and configurations:
that may be. suitable. This is to include, the allowance for the, installation of multi family
immedi`atefy adjacent and in some cases in the same structure as bus'i'ness (commercial) uses.
A. Pursuant -to Article I, Amendments of the., Frederick Count °y Zoning Ordinance,
the 'approval of -this Amended Proffer Statement 'constitutes, an amendment to the zoning
ordinance;: 'which will 'a'llow for the implernentafion of the Residential Planned Community
District.
B. Applcant,has proffered' a "Design. Modification Document dated July 30, 2014,
'that- is,attached and incorporated hereto as "Exhibit R.
In addition to, the above, by' approving the Amended Proffer 'Statement, the F'rederi"ek
County Board of Supervisors agrees without need of any further 'Board of Supervisors. or
Planning Department approval to any, modifications of any matter- which has been previously
agreed to and therefore approved „by,, Frederick County: 'Further Nstill;,any;subrriitted revisions to
the zp.proved Generalized. Development Plan, and' /or. any of its requir".errients for .any development
zoned ,R4 which affect the .perimeter of the developments or which, would increase the overall
density of the development shall require the Board of Supervisors? approval, if in the reasonable
discretion of the Frederick County Planning Department, the Planning,'Department decides ;any
requested: modification. should be:reviewed'by the Erederick Co "unty ;Board,of Supervisors, it may
secure said approval by placing -this }matter .before: the Frederick County Board of Supervisors at
`its next.regularly.•scheduled meeting,. However, and not withstanding what is,•stated_ above, once
a modifcati'on has` `been` approved administratively, Appli'cante shall not;, be required to "seek
approval, for any subsequent similar modification...
;2. USES DENSITY AND' MIX-
A.. (,ly) Applicant shall' develop a mM of unit types that may-include single - family
attached, multifamily, °gated single - family attached; gated multi'- family, shared residential, and
commercial structures, off ce, and retail. The following list in (2) below contains, those uses
which could exist within the Property.
(2) The following list of Land Bays within' the, Land Bay Breakdown Table
sets forth the general development parameters- on the Property and is consistent with the
2.
,proffered Generalized Development Plan identified as Exhib'i't A- "The developrnent will adhere
to, the:land bay breakdown depicted in the GDP and`the Land$ay'Bre:akdown,Table.
LAND BAY BREAKDOWN
LAND
POTENTIAL' . LAND USE
APPROX..
RESIDENTIAL
COMMERCIAL
BAY
ACREAGE
MIN/.MAX,
M'IN /MAX
ACREAGE °%o
ACREAGE %o
1
Uses allowed -. in B -t1.; B -2; B 3
7.5.`I acres
0 %0 MIN _, AC.
1000/o MIN. AC'.
Districts and sDesign
0% MAX. AG
1.00% MAX. AC
'Modification Document,.
2
Uses allowed in B -11; B -1; B -3
8:03 acres,Q%
1VIIN., AC.
100% MIN -,AC,
Districts and Design
0 % MA ,: AC
100 9/6,-MAX. AC'
Modification Document
3
Uses °allo Wed ''in B=1., B--2;' 3;
9.73 aoies'
5% ,MIN: AC
5% MIN,. AC'.
RP Districts and* Dcsi�gn
95% ° MAX. AC
95% o: MAX. AC
Modification ;Document
4
Uses,allowed in B, 1;.B 2 -B -3.
2'1.94 acres.
0% .MIN.,AC'.
100% MIN. AC.
Districts and'Desrgn.
07N MAX. AC
100 % MAX. AC
Mbdificatiori Document;
'
Uses allowed, in "B -1;° B 2; 1 -3;
29.91 acres
80% MIN. AC.
10% MIN. AC.
.RP Districts and Design
90% ° MAX. AC
20% a MAX. AC'
Modification Document
6
Uses allowed" im B -;1'; B -2; 13-,3
6.83 acres
69% MN_ AC.,
10.0% M.N. .AC.
Districts and Design
0% MAX..AC
100% 1VIAX. AC
Modification Documem.
7'
'Uses atlowed'in B -1; 13-2-:13-3;
5195; acres
0 %:MIN'. AC'.
1.0N MlN. N. AC.
'
RP Districts :and De,sigri
90 % MAX. AC
1.:00% MAX..AC-
lVlodi "fication;Document
-
Buffalo
O- n ace e S .
' p _ p � T rail System;.,
,a'c'res
N/A
N/A
Lick.
'Utilities; Road Crossings
;.Run
'The actual acreage;identi'fied for each'tand :Bay-is based on the b,ubbhe diagram calculated' on the
proffered'Gei eralized'Development Plan and :may fluctuate based on final surveywuoik.
B For purposes of calculating density pursuant to the .Frederick County Zoning
Ordinance, all dedications ,and conveyances of land for public use and /or for the use of 'the
developrnent'or any' Homeowners Association shall, be ~credited in said, calculations..
3
C., There 9hall be a, unit cap, of 1,20.0 residential' ,units within Land Bays'3, 5,, acid 7.
Applicant may develop and btffl&betweeq.one hundred fifty (1.56) ,and one -hundred, eighty-four
0' 4' townhouses on Property el built in Land �Ba 7.
:8 _rty, and that' any townhouses: will only b .
p -Y
Ther& are no limiis drf they pere-entage or square feet of' business, , commercial, office and/or retail
development-, as, referenced above.
3 CAPITAL FACILITY IMPACTS:
. A 'jcant acknowledges -that Frederick Count mpae
Applicant e i _y has adopted A fiscal, :1 t model.
Applicant has attached an economic analvsis, which has 'been perfprm_ed, by
S. Patz &
Associates, Inc. ("S. Ratz")'. This. analysis confirms that the ptopq8ed uses within Heritage
Commons willgenerate a net positive benefit. to Frederick County. As�d result thefb'Will-. not be, a
-need -to make any payments toward Frederick Count V The specifics of the capital,
5 - efi!� County - y ser I ices,� � The �-P
benefit to Frederick County arse 00M0000' annually. In the event of any suggestion that a
Pay,ffiehi Ought. `to, he .made towards the :i m—pacts when factored, ifi- with the capital benefits to
Frederick County y-as 'a result ,of the,.installafion offhe proposcd, uses;, if should be treated as an
'offset. As stated `in the S_ -Patz-, analysis f he= cani tal benefits of the proposed' u ses on the Property
more than compensate Frederick CbuilAy'forany antieigaiedilm)aCf.,
4., MULTI-MODAL TRANSPORTATION IMPROVEMENTS:'
Applicalit agrees to 'instal l -,th6 road' network that is depleted on the Generallized
meets Virginia Department of
DeV-,,-e`l'6pi,hent 'Plan and, in' an �ilighmeftt and a form that * mee' 'V,*' ginia -Y"t
,geometric design standard's. Both, .Frederick, County and Ap
Transportation ("VDOT"),geom"' ri pticarit
a&no, dge 1h GeneratzedL,'Development- Plan, Exhibit A, is
at the network-showri on, the 'i
substantially similar to the road alignment , that was qppyQve-d In the original " The
rezoning:
,,parties, recognize hat there will. be a new design and insiallatib-n-14hat will occur as a, result of a
,izO
Revenue ;Sharing Agreement entered, into ;Eby and between VDOT' and Frederick County and also
4,separate agreement entered into `by and 'between: Frederick County and Applicant. Applicant
does agree to participate, pursuall't to the "terms of said.agTpements.. in the design and funding: of
the installation of the road hetw.otk,,,which 'shall he in substantial, c,6nf6rmance with the designs
set forth fn..Exhibit A. Applicant does, agree ,to enter into an agreement' with., Frederick County to
provide for they payment, of Frederick County's share- of fhe" .cost to construct the road
Improvements, pri'the Property --the, R nt
pursuant the ,of Revenue Sharing fig. Agreement, entered
into yarid:between-,VDOT and Frederick County. The final design will ;be dictated. by VDOT'
-dnd Ffe-derlck'County,,, b ut, - Appfi'canthas: been advi`sed by the ,en ginee r designingjfie toad that. it
will ',have a:ten foot "(10").or �such pthero w
ppropriawidth path ;to be used f6r bicycle/pedestrian
accommodation.
It should be .noted that Warrior. Drive is depicted on, the, Generalized Development Plan as
a future road. to he :dedicated ,and installed to provide access to Land Bays 3 and 5. Applicant.
.proffers to ded"ic;Ite a. at such tiin& as a de-dicatable! ( I 1.Q, metes- and bounds
description) 'tract of land' has been - established and which,'shaill be, 8agreed to, by Frederick
County and,ff applicable VDOT. . It l�s�. anticipated ,that the :remain-i'n�g portion of Warrior Drive
will be �installed - under 'a Revenue; Sharing Agroement: by and between VDOT and Frederick
,County and that-, as part,of , -thalanticipated Revenue Sharing. Agreement . that the exact alignment
21
wi]'l be determined acros's'the. Property to_ adjoin ng property, to the south. jt.i -s further anticipated
that, payment for construction of' said road' will 6ceufz when ihe,connecto "n section, of Warr':or
Drive has+ been dedicated by "the owner. of :the, pr.:o,perty to the south (`max Map Nos,. 0A 123A).
Such dedication shall substantially conform vlhell,general location 4V, arrfor Drive �shown.on
the, GDP. "Applicant further proffers:that;if will reasonably cooperate" with:Frederick County and
VDOT to obtain a revenue sharing agreement for. the ,road'. Applicant proffers that it will -enter.
into an agreement with 'Frederick County to' pay for Prederi,ck County's portion of the Revenue
Shari=ng; Agreement with VDOT'. The ,fill design will be dretaied by VDOT and. Frederick
County;, ,buf. Applicant :submits" that said design; will include a_; ten foot (10') wide
bicycle /ped'estrian aeco , rnod'ation thc length of Warr for Drive ,
Several 'traffic, studies have been performed as part of th& . rezoning obtained by the =prior
owner .of this property i'n 20.04 Said studies confirmed that: the road, network proffered in "the
precious rezoning was more than adequate to address any "impacts= froth "the development of the
"site. The current •proposed rezoning provides for - the development of high- density resi'd'ential on
;the Property 'in addition to commerciaf, the result of which will `be; a reduction in and internal
capture o.f mo,'tor 'vehicl'e trips and "therefore ha. ve less of an .impact, on. the local and regional
,transportation.system. Applicant been .ad -Ned, of sarrie by Traffic Engineer who :performed, the
roriginal TI'A.for tfie Russell 'I50 project ,(N :ote: The original Russell 156.proj,ect did not, include
construction ,of the northern Y' road and connection to Route .522 ) The design proffered herein
provides for° the installation of the northern, Y road and 'two connections to Route 522. Iii
ad'dition`, Applicant has;rb'een made raware of and received copies of traff'c' studies performed by
VDOT wh`iC'h'0nfir"m that the, revised "road al=ignment as. shown on., he ,attached, and incorporated
GDP i's: more than sufficient to address,not ,only the impacts coming from and' being, generated by
the proposed'developrnent of the Heritage Commons site but -also will accommodate anticipated
through trips, as a, result of constructing ,through connections• (two from. Route 522 to the City of
Winchester' at Teuis Drive'). It` should be noted that VDOT ;is proposing that, the, roads to be
constructed across-the Property. and the adjoining. property"tol ,connect to the City of Winchester
are intended•to be a detour "east -west connection road, that will be an essential component of the
regional transportation system because VDOT intends, to te mvel,and : replace the existing bridge
wh'i'ch,is, the 'east -west connection between the City of'Winchester: and Frederick County along,
Route. ,50/ 17.
r
5. S°TORMWATER QUALI.TY.IVIEAS;URES:
Applicant ,hereby proffers that all .business (comrriercial) :and _r..esrdential site ,plans
submitted to _Erect -rick County will :be designed to imblerrient, Low'�I"inpact Development ,(LID)
and %or: B,est;lVlanagemenYPractices ('BMP) to; promote storinrrwateraqua_'lity` measures. A statement
will be provided on each busi`ness,(c,othrrrercial) and residential site plan'i'dentifying the party-or
parties responsible for :maintai'ning these LI,D and /or BMP facilities-,as a condition of'site plan
Approval.
Appl`i'cant. hereby proffers to establish a no disturbance easement within, the Ruffalo Lick
.Run.•Siream Valle. :y, that is deOcted on the Generalized <Development. Plari. The purpose . of this
no disturbance easement 'is "to prohibit �devel`oprrient a'ctiurties within the business. (commercial)
and residential 1'and bays that. are located within the defined area. The only improvements that
5
;may, occur within this no disturbancedeasement will include road crossings, util'i'ty i'nstall'ations;
storrnwater mana'gemcnt, facilities, landscaping and walking trails.
6. RECREATIONAL AMENI.T,IES':,
Applicanivproffers that;recrea'tional amenities will he provided within Land" Bays 5. and 7.
The exact, amenities will be identihi'ed of the Mdster ,Develo,pment .Plan fo ensure conformity
with ordmaiice requirements`. Applicant .also proffers °to install, walking uai'as and sidewalks
within th(: ;community ;and to install a "ten-foot (1'0:'),. wide asph'al't ,or 'concrete .trail along the
Buffalo .Lick Rah Stream Valley depicted, on Exhibit A, of which, the location will be identified
on °the` 1Vlaster, Development `Plan, ..I:n addition, 'and at Applicant's discretion, Applicant may
install a second ten foot' ( "10')''wide asphalt or concrete; trai "1 (on the-other ;side of Buffalo Lick
Run Stream). In the event, the <Applicarit,does consfrueta second trail -, i't is intended that; the ten,-
=foot (s10') '"wide °asphalt::or :.concrete trail(§) will .be owned and` "maintained by the: ,Heritage
Commons HOA an_ d will 'be available -for public access
AP- P 4i caht, shall construct pede`stri`an trails and /or sidewalk 'system's,, which connect, each
recreation area 'to ;the residential land uses within the defined Land Bay. The final tocation and
"the granting of aqy such_- easements "sand /or trails; shall be at the subdivision design plan stage.
-Such trails; or, sidewalk'system §,hall be constructed of materials selected by Applicant provided
thev are not:part,ofthe sidewalk system within the public nglit -of, -way.
7:- COMPREHENSIVE ;PLAN CONFOR VIITY ,
By accepting and approving this rezoning, application, the; :Frederick. County, Board of
Supervisors; authorizes the location and provision of those public uses, facilities,, and uti =ties,
speci'fi'cally referenced on the Generalized Development Plan,, 'in this Amended _Proffer
Statement;, and on design plans; as, well as` the extension and construction of water and sewer
lineseand facilities "and roads necessary, to serve, thisz Property,puisuant to Virginia Code, Section
15 2- 2232,�and the Frederick County .Code. 'The general .area of location,;for roads necessary to
serve this Property are as shown on the Generalized Development Plan with the exact locations
to•be determined based on final engineering- and as approved 'by Frederick County_ Acceptance
,of this; Amended Proffer :Statement constitutes approval' of the public uses,, _facilities, and! utilities
land. their ;abili=ty to be developed. within -the, Land Bays identified; ,on ,Exhibit .A; and, ,hereby
excepts. said. public. uses, facrliti °es„ and, utilities fiom, :further CompreheasiV Plan conformity,
review:
8,., PHASING
A. Applicant states and acknowledges; that the uses proffered to be iftstafled on' the
Heritage: Cornmoriss Property are sigmticant and will take, a =considerable amount of time to
develop and. install wi'the, Property:. Iris anticipated that the ''initial ruses .installed will be of a.
commercial use and nature, anal •Applicant is 'com- mitted °to attempfing to, develop a multi- family
component at the. initial commencement of development and, construction. I'n response to,
commenter received from, the .County agencies, Applicant is. prepared to ,commit that no more
than four, hundred (400) ,residential units will be developed aril built within the first two "(2) years
0
of develop- eni, `w th4he first,year co,_mme l'cing on ilie�date of`the approval. of the rezoning, The
remaining;residential units will be proffered.to be- installed.with no morethan four hundred (40.0)
residential units withiq 'the next two (2) .year term: following., and the, remaining residential units
commencing, 'no earlier than two (2;) years; after theF corndeton of the eight hundredth (800`x'-);
residential unit.
B.. I"n .addition Applicant `proffers that on �or before the date that=Appl'icant applies for
and receives a perini"t to construct, the 'first 30:0 multi= `farft l;y residential units Applicant s.hAl
apply for.and obtain a permit to, construct" ,minimum.of50,00 "0 square feet of commercial (B_ =1,.
B 2 or:B 3!:) property Likewise on- or before the date Applicant' applies -for and receives: a permit
to construct the 6,00ti' or greater' multi = family residential units Applicant shall .have either
previously constructed. or shall .apply -for 'and, obtain a permit to. construct an additional 50,000
;square; feet of commercial (B " -1, B -2 'or 8 -3)' property. Appl` cant.makes this proffer to assure
thavin addi'ti'on to the Land'B'ay, Breakdown and Proffers pertaining to uses;; "density, and mix that
` here shat'l be a guaranteed min'iriiurn :devel`opm`ent of commercial .prope'rty occurring, at the same
time as development of rnulti=fami'ly .resi'd'ential units.
[remainder of page: intentionally left blank]
7
SIGNATURE.PAGE,
The eonditions :set or herein are the. proffers for Heritage Commons and supersede all
previous proffer statements submitted for this Property,
Res "pectfully su!brnitted',
i
HERITAGE COMMONS;, LLC
By; Matthew' Milstead,
Its:: Manager -
COMMONWEALTHTQF VIRGINIA;AT LARGE
COUNTY OF FREDERICK; to -wi"t
The foregoing "instrument was acknowledged b_efgre me: is day of
2014'by Matthew Mi:lstead, Manager of.HERITAGE COMMONS; LLC,.
NOTARY PUBLIC
My commission expires;.
-Reg stration,nurnber''
_� 8
R 150 SPE LL(.
By Earl W. Cole, III
Its,' Manager
COMNIONWIJALTH OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, to wIt_
r
I
' The foregoing ,instrument "was acknowledged before in_e th'i's day of
'201-4'by Earl W, Cole,: I;II,1VIanager of"R .1'5.0 SPE',, LLC'.
NOTARY PUBLIC
My,commission, expires:,
Registration "_num_ber -,
m
-LAW °SON AND SILEK P:L,C
I20"EXETER DRIVE, SUITE 200
POST OFFICE. Box 2740 '
W, I N CH ESTE R;. VAI V604,
TELEPHONE: (540) 665 -0050,
FACSIMILE: (540) 722 -4051 - THOM.AS,MOORE LAWSON • TLAWSON Q LSPLC.COM
I -
September 18,'2014
Jason Robertson, Director` Roderick;B.. Wilfiams, Esquire
Frederick CountyDepartment,ofParks•& Frederick=.Couniy.Attorney-
Recreation 107 .N6rth 'Kent Street
W7 North Kent Street- Winchester, VA 22601
Winchester, VA 2260.1
c Lloyd'A. Ingram, Transporl`ation Director K.-Wayne. Lee „Jr., . LEED;_GA
Virginia. Department of Trarispoitat ion Coordinator of Planning and Development
Edinburg Residency Frederick County Public Schools
14:031 Old Valley Pike 1"415 Amherst St..
1 Edinburg, VA22824 Winchester, VA. 226.04
(via.e=inail only)
Harvey E Strawsynder, Jr:, R.I.,, Eric.Lawrence, AICP,:Diiector
Director of Public. W'or_ks Frederick County Do artment'ofPlanning.and
Frederick County Department of. Public. Works Development.
1:07 °North ,Kent Street 107 North .Kent; Street„ Suite. 202
r Winchester, VA 22601 Winchester, VA 22601
Re` Heritage Commons:Rezoning Application
Our' File No. 1050.001
_ VIA E =MAIL• AND'HAND- DELIVERY
DeAr.Genttemen:
Enclosed please find; revised Proffers, for the Heritage Commons development. As you will
' recall we participated in a joint worksession with "the Frederick County`Soardof'Supervisors and
!. Planning Commission - on September 3, 20.14, and Wye ' had a . follow -up discussion with Eric
Lawrence and Candice Perkins. Tle'.result is the enclosed 'revised Proffers which the Planning
I Department has,, asked' Ghat `we send to,' you as reviewing agencies; that are:. more effected by the
revised Proffers: We are intentionally 'hand- delivering "this correspondence and revised Proffers as
well as e- mailing so that We. can get, a 'quick turnaround with your comments. We are tentatively
scheduled, for a Planning Commission public . hearing on the-rezoning on October 15, 2014. I. know
that Erica Candice and T• want to have the benefit; of any revised comments from'your•agencies to the
Planning Commission memhers well in. advance of that, public hearing.
J
I
FRONT ROVAI:'ADDRESS: POST OFFICE BOX 602; FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 6319415 • FACSIMILE: (S40) 635.9421 !. E- MAH_'JSILEKOLAWSONANDSILEK.COFI
September 18;'20:14
Page 2
Thank you for, your ;assistance and cooperation. ; We look forward "to receiving your.
comments. As always, if you have any questions or want to- discuss your comments further, please
do,not hesitate to give 'me =a call.
Very. l_�_ ;
Thom s oore Lawso
TMLJ k
Enclosure
cc R 150 SPE,, LLC.
Heritage Commons; LLC
HERITAGE COMMONS PROFFER STATEMENT
REZONING: +RZ #:01'05 -
Rural Areas (RA), Business General (132), and Residential
Performance (RP) to Residential Planned. Community Di'strict-(R4)
PROPERTY:. 150.59 acres
Tax Map Parcels #63-A-156, 64 -A =10: and 64 -A -1'2 (collectively
the-"Prop'erty'?)..
RECORD OWNER: R =50.SPE,:LLC
APPLICANT': Heritage Commons; LLC: ( "Applicant" )
PROJECT NAME- Heritage- ,Commons
ORIGINAL -DATE
OF PROFFERS: September `6, 20113
REVIS'I;ON DATE(S): August 7, 2014,. September,,] 8;:2014.
Executive Summary
! The Property was originally rezoned 'in ;September 2005 under •the name of 'Russell 150.
The: Property has since-changed ownership. and, the. new' owner wishes to ;rezone the• Property to
Residential Planned Community District (R4). The undersigned' Heritage Commons, LLC; its
- successors' and assigns; :hereby proffers that the use; and •`development. of the subject property
shall be in strict, accordance with the following tconditions and shall supersede and replace all
other proffers made prior Hereto. ,It is further the statement and intent that with the acceptance of
the proffers contained herein any and all, prior proffers: affecting. this'Property shall be deemed'
null, void, and terminated:. In the .event 'the: above_ referenced amendments are not granted. as
applied for'by Applicant, the below described proffers shall 'be. withdrawn and be null and void.
The; headings of'the.,proffers .set forth below. have ,been prepared for .convenience &4 fdr ce
only and.`shall not control or affect the meaning, or be taken as an interpretation, of'any provision
.._; ..
of',the proffers. The:irnprov6ihents•.proffered herein shall be' provrded at the time of development
of 'that. portion of the ;site Adjacent to the. improvement,, unless otherwise,specified „herein.
i R'eferences made, • to 'the Master Development ,Plan, hereinafter referred to as the
Generalized Development Plan dated ,August 7, 2014, as required by the Frederick County
Zoning O "rdinance, rare fo be interpreted to be references to the specific Generalized Development
Plan sheets &tached hereto; and - incorporated herein by reference as, "Exhibit A."
The 'exacf bouiidary
and acreage:of each 'land bay may •be "shifted to a reasonable degree
at the time of site plan submission for-,each land bay in order to, accommodate engineering or,
:design: considerations,
Candice,:Perkins
J V
2Froms Jonathan Turkel
Sent: Friday•,September 12.2diA 11:06 AM
To, Candice Perkins,
Subject: �H6� tage Commons Comments''Dr -_
.5 RE Her
itage,Conmons:P;roffe'r;of dugust 21,.- 2014,
Candice,
.Consistent with the-comments a the Sept 3 jointPC, BOS wor,.k!session'involvirig Heritage Commons; Parks and-
j Recreation, ias concerns Tegarding omission_s,from.the existing proffers, vague�and non - committal language and
requested `items..
l Omitted':
s p eritage Go;mmons version includes 10,= foot`wi,de, lan'es.o;n all interior roads;
2005 roller items orriitted in the. H
i Parks and,R'ecreation would prefer Wsee 10rfootsha "red'Use path "s aiong all interior roads "and the i-81 bridge,
however a, minimum of he,200510roffer`should bexeguired t&provide:adequate accornmodation.formulti.=
modal.transportation.to occur.:; This is' particularly true for °the V1Fa "rri6r..p6ve..segm;ent; the southern end of
Warriar'Dr. curre "ntl.V ving.10-footasl tired used "accommodation.
e - Moroetarycontributions have not been addressed.
Ae#O'dested;
® Bie =81 f beke /pd accomnodatio,n onthe 1 fy ver'brid eshould.p
roVided' (urrently there are no such
accommodations on any,ofthe "existing 1-8`1; bridges! so.niethmgthat is greatly needed:
Vakue and Noritornmittai;
' . Language'that;suggestsnwh_at;': may '; happen, as in"'The:applicant:may also,,insfall,;an additional 10' wide
1 path..('p.1.7,)" are not he pful'i'n determiningwhat will happen as.a.condtion of';the proffer. Parks and
Rareation would efer speculatiu&. language be left outfof'the` proffer< statement: Additionally,the Parks and
Recreafion,departmentwould prefer -pr offer'statements to, ref rain -from listing •`recreation items required by
ordinance and simply identify ,;items,ofrecreationaival,ue that,go beYond,ordinance. Text °in a proffer, statement
that lists'items.a developer wih; hayp =. o do as ::required by code only serve;,to make actual: proffers more difficult
to disting "uish,
Thank, you;
Jon Turkel
Park and Stewardship Planner
Frederick county Parks,andAecreation
1. 107 N': Kent St.
Winchester •VA 22601
;jt
( LfrkeI @.fcv&.us;
0:(540)722 =8300 .
F:(5'40)665 687
1
C
COUNTY of FREDERICK
pa Department of Planning and Development'
540/665-5651
17 FAX: 5401665-6395
August 29, 20114
-Mr. Thom*asf Moore Lawson
Lawso-h..an.&Silek, PI.C.
'P.O.,Box`1740
Winchester,
and Fiscal lfta�ctt Analysis JMF14)'d the. Heritage RE: Market Project
Dear Mr. Lawson:
Staff has received comments concerning the submitted. Market.,arid Fiscat impacts Analyses
dated Oct6ber-2013 for the Heritage Commons project from the Frederick County Treasurer's
Office and-the Commi"s§ioner-ofthe Revenu'e,,`Ina'ccurades with the clata'are a0cillows:
PPTRA was capped ,in, 2009 at 2007 levels. Monies for. PPTRA are included in the
Personal ,Property Jax.FY 2014 amount ($41,143j379). There are ,no. additional monies
for PPTRA from,the State bfVirginia'f or vehicles .addbd, toAhe tax rolls. (Attached is a
corrected amount for `additional personal property, tax revenue, based on the
applicant,s cdl&Ulations, With only the PPTRA,amount correcterd).
Page 45 - PPTRA is NOT in addition to the pers*onal property tax rate of
$4,83 but a
payment toward that for the qualifying taxpayer.: - This error makes all future
calculationsi of personal property tax revenue in this'presentation INCORRECT' if they
use these numbers,.,
Page 46'- We find 'that owhhouses'and apattryfents -do. NOT'hbve12.3 vehicles average
per householcl. Many are one oe two individuals or small.,chfl8ren per-dwelling,and
oft,pq only one vehicle. �'An estimate.of- 1.6 would be. high.
• _Page,47 - This (Ta bI 1 e -7), do.es.show a better number .for vehicles per unit but has 6 tax.
value calculated ,.
earlier in the document using incorrect information (See Page- 45
,above).
h 'higher
Page "48 Persbnal pt6oerty* FF&E a. s s ownJs much on offices than we
exp'e'rienced. -PILUs our V61U6 calculation/depreciati6n.rate on FF&E'is 30% not-40%.
• Page .50; - Error in tax, rate - $0.58/$100 BPOL tax ONLY -applies to professional
,classifi,ations (doctors, architects; lawyers, ;and realtors) — our BPOL rate on most
office,s. isl;$636/$100.
107 North Kent, Street, Suite 202, • Winchester, Virginia 12601-5000,
' Y
i
Page 2
Mr. Thomas 1vM66re Lawson
RE.:, Heritage Commons
August -29, 2014
Additional. Conceths
• Page.36 - Under. °office space.. They admit'that medical office space is unlikely in their
project. (Applies later-to my comments on the incorrect Business License figure used
for their commercial sites.)
• Page 37 - 13% vacancy rate admitted on existing offices - (my comments --some stood,
emptyfor,inan.y months in the city-and at" the airport)
• Page 37 (and elsewhere) -assumption is made'that the county office building will be on
site and therefore employees-,and companies /businesses, dealing with-the 'county will be
interested and available'for rentals and "for employee purchases of lunches etc.
(undetermined).
• Page 38 -Based on their °household inconie.(disposable or pre tax ?? ?)'they have
calculated aVERY'high'expenditure rate on-site,(26%of the 15% convenience
purchases)
•
Page 38,- Their business discussions include the page 17 assumption of'a county office
building_ ;onsite`.
• Page 39'- Assumption o', lun`ches,purchased at site is very:high.
e Page 39 --They adm&thatthe, projected 15 year build out',is "speculative at best °. Yet
they conti'nue:to use speculative calculatiori's to make`their case. .
Page 43 - Townh' ou, se`values „areprobably ok if quality is.maintained `as projected.
Apartment Values appear high:
•: Page.44 - Values'ohl is page appear good on commercial but high on offices given our
sales, analysis,in the county;.;
'• P4ge ^49 -Table 9`- Restaurant: sale' is higher'thamwe experience on small locations,- if
allure to be laege.sca le, full meal establishmentsor very popular fast food chains this
figure MAY °be closer.
Page'SO -- Restaurant;gross would only average these-numbers if high traffic and high
end establishments-are located in the complex.
• Page53 - Recordation /ownership rollover appears high.,..
,. Page 3
Mr.. Thomas Moore- Lawson
en age ommons
August''29, :2014
Please feel free to. contact ,me With questions regarding this_application.,
Sincer
Candice E. Perkins; AICP
Senior Planner
Attachment
• '.gin - � � ..,
taxable personal use value - tax/,vehicle: new value, new tax
'lawson $ 42;0.15,61 -9.00 $ ,864,5`18,909:'47 $ 12;529.26 $ 23,392,127.59 $ 1,136,857.40
corrected pptra $ 28,388;932.00 . $ '584,134;403.29' $' "8;4:65.72 $ 15,805,491.75 $ 768,146.50
difference $ 368,710.50
4
LAWSON'AND SILEK, P.L.C.
120 E)CETER',DRIVE, SUITE 200
POST OirktuBOX 2740-
WINCHESTER;`vA 22604
TELEPHONE: (540).6657,0050
FACSIrom:E: (540)'7224051
August 28, 2014
Mr-.. Gene E. Fisher
Frederick County Board of Supervisors
Shawnee `Ma' gisterial 'District
246 Bush Drive
Winchester, VA 22602
Mr. J. Rhodes Marston
Back Creek Magisterial District
Frederick County Planning Commiission
107 N. Kent Street
Winchester, VA 22601
Re',
'V IA E -MAIL
Dear, Gentlemen:
THOMAS MOORE`LAWSON 0 TLAWSONAMPLCADOM
Mr. Robert A,Ress
Frederick County Board of Supervisors.
Gainesboro; MagisterialDistrict
'348 ,Peeper Lane
Winchester, VA 22603
8ric Lawrence, AICP
Director, Dept_ of Planning and Development
Frederick County„ Virginia
107 N'. Kent Street.
Winchester, VA 22601
Heritage Commons.
'Our File No. 1050:001.
Thank you very much..for, traveling with Matt; Bruce. and me to look at mixed use
developments -in Loudoun and`Frederick Counties. We very much appreciated the opportunity to
meet, with you,all and show you first hand some examples of mixed use developments that are up
and running. It is Edwusvery. difficult to try to describe something with words.. Certainly the
best way to, show, someone ;is -to actually go out and see it firsthand. I know you -all have very
busy schedules and we certainly appreciate you taking the °time out to visit:.
We also, appreciated your comments about refining the proposal so. the County is assured
that what is being proposed will, be developed in a manner consistent with what we, saw on
Tuesday. With that' commitment we- need to retain flexibility. As we saw, there are numerous
types' of mixed' communities and we do Tnot want to unnecessarily box out a particular type of
desired development because we have written a proffer in a more restrictive way: Nevertheless,
we are ;confident that as. we ,go forward with this proposal, we; will be able to come: up with the
appropriate: balance of language that assures the�County of a;strong tax .positive development and
a very attractive additional lifestyle option for the County's residents.
FRO" ROYAL "Dun: ft-n O"xx B= 603; Faami Rona, vacmu 32670 • TXLAM l E: (340) 6359415 •FACHNIU:. (SM 6759431 • E- Min:, -L—Q— Umatl.t -m
LAWSON AND "SILEK9 P.L.C.
:120 ;EXETER DRIVE, SUITE 200
POST oFFIcE BOX-2740
WINCHESTER, VA 22604
TELEPHONE: (540);665-0050.
FACSIMILE: (540)732-4051
August 28, 2014
TIIOMAs MOORE LAWSOO TLAWSON QALSPLC.COM
Mr. Gene E. Fisher Mr. "Robert A. Hess
Frederick County Board of Supervisors Frederick County Board of Supervisors
Shawnee Magisterial District Gainesboro Magisterial District
246 Bush Drive 348, Peeper.Lane
Winchester, VA 22602 Winchester, VA 22603
Mr. J. Rhodes :Marston
Back Creek Magisterial "District
Frederick County Planning `Commission
107 N. Kent Street
Winchester., VA 22601
Re:
VIA E -MAIL
Dear Gentlemen:
Eric 'Lawence, AICP
Director, Dept. of`P lanning and Development
Frederick 'County, Virginia
107 N. Kent Street.
"Winchester,. VA 22601
Heritage Commons
Our File No. 1050:00.1
Thank you very °much for traveling with Matt, Bruce and me to look at mixed use
developments in'Loudoun and Frederick Counties. We very much appreciated the opportunity to
meet with you,all and show'you first handsome examples of mixed use developments that are up
and running. It 'is always very difficult to try to describe something with words.. Certainly the
best way to show someone -is to actually go out and see it firsthand. I know you all have very
busy schedules`and we certainly appreciate you taking the time out 'to visit..
We -also appreciated your comments about refining the proposal soy the County, is .assured
that what is be_ ing proposed will be developed in a, manner consistent with what we saw on.
Tuesday. With that commitment, we need to retain 'flexibility. As we saw, there are numerous
types of mixed communities and we do not want to unnecessarily box out a particular type of
desired development because we ,have" written a proffer - in aemore; restrictive way. Nevertheless,
we are;confident that as we go forward with this proposal, we will be able to come up with the
appropriate balance of language, that °assures the County of a:strong tax positive development and
a very attractive additional lifestyle,option for the County's residents.
FVWr Rona. ADDit =; FDEI onus Boil602, Fite" Roru, Vn=aA 32630 • TxLxm a: (M M63&9415- •. FACmmi: (540) 675-9131 • R-MAH : •••• •••�•'�Wtx171A10ffiIJDLCOM
Eric. Lawrence
From: Thomas Lawson <,tlawson: @Isplc:com>
Sent: Thursday, Aogust 28,, 2014 424 Plvl
To: Eric Lawrence; Robert, Hess; g,fishe"r @visuaIIink .corn; °Rhodes Marston
Subject: Heritage Commons
Attachments: Fisher Hess Marston Lawrence Jtr'08- `28- 14.pdf
Ptease see the. attached.
Thanks, Ty
Thomas Moore Lawson, Esquire
Lawson and Silek, P.L.C.
P.O. Box 274:0
Winchester-, VA 22604
Phone: 540 -665' -0050_ .
Fav1, 540. -722 =4051
E-mail: �tlawson(qlsplc.'com
The - information contained in this message is;infohnation intended only for'the use of'the individual or entity
named above, and may be: attorney /client privileged and confidential. If the reader of this: message, is not the
intended recipient; you are, hereb,y'notified that any dissemination, distribution or copying of this;
communication is stricdy'prohibited. If,you haw.-received this communication in error, please iminediately
notify us by "telephone and return the original iiiessage to;us'at the above address. Thank you.
_
1
August 28, 20.14
Page 2
We look forward to working with you all. going forward. A& always, if you have any
questions, Pleasedo not;hesitate4o contact Matt, Bruce or me.
Very trul urs,
Th' ore Lawson
TML:atd
cc: RI 50 SPE,,,LLC
Heritage Commons,,LLC
�., M E IVI ORAN:D U IVI
i TO Winchester Star-and Northern Virginia, Daily
FRAM: Eric: -R .Lawrence, AICI ,.Planning ir ecfor
SUBJECT:: Tuesday; August 26°2014 too r-for CQ.unty officials,_
DATE , August 11.. 1614
Tfii's memorandum serves to inform the media that on Tuesday; :August 26; 20 :14, members
"of the'Freder'ick Co:u_ my Board of.:Supervi'sorsand Pla'nning;Commission have been invited; -to
i travel to Northern Virginia to visit 'various development projects to ;gain '_knowledge and
and
_ erstanding as.to the type of developrrient envisioned by a; rezo`ning9petition that will be
considered 'by the bodies in the nett fe.vv'rno_nths. This`tourIs at `the invitation of the
i al pIf " ntfor-therHentag-6 Commons, rezoning application.
We; have not -been: informed of.'a starting, but will' notify,you ofi;t_he start,time once finalized .
i
by the; organizer:
Please contact rrie with`any qu.estio:ns,. °Thaiik yo;u:
i
i
10.7North.Ke1t Street ®`Winchester; Virginia `22601.5.0.00,
-
From, Diane Walsh
Sent:; Thursday, August;21 2014,1:40 PM'
Eric, Lawrence•
Subject. Notification of Tour-
_, ,Attachments. Heritage Commons ',toUt.media'notificatibn (2):pdf'
Tracking:' Recipient Delivery
Eric. Lawrence Delivered 8 &T/1 014 1;;40 PM
Alex +'Bridges
m armstrongJ @wi n chesfetsta r� com,
Th'eiattached' not fication,serves.to' inform the media tliat,on Tue'sday,;Aggust 26, 2014, members.'ofthe
y p g aue b" invited to trauel;to North. ern
t Frederick Count"Board of Su prviso`rsrand Plannin Commission h
Virginia. Tf is tour'is at the'invitation o.f�the applicant for the Heritage Co;mmon"s rezoning application'.
4
Diane L ; Walsh, ;
R deriek County Planning :Department
r 107 North Kent'Streef, Suite 202
Winchester, VA, 22601
54x0- 665'=5'65''1, Fax: 5:40 -6'65' 6395
dwalshgfcva.us
' 1
9
1
FRONT .ROYAI,ADURF:S,S:PoorOE41ck Box 602,FRO\1ROYA1,VIRGINiA 22630• TFIXTuuNt :6(540)635- 9415•FACSINIR.E:( 540) 6359421•; E-J fAR: i.ISI1,FF(d.i,AwsosANnso.EK.COaI
LAWSON AND SILEK,
.120 EXETFR,DRn'E,'SUITE 200'
POST OFFICE.Boz 3740'
WINCIIEsrER, U.A,33604
TELEPHONE: (540) 005 -0050
FACSIN]II•E:J540) 722 -4051
- TII6A1AS; NIOORE 'LAWSON'''TLANA'SONna.LSPLC.COM
August 21„
2014
Mr.. Richard C. Shi'ckle; Chairman
Mr. RobertA. Hess-
Fr
j .. ederick County Board 6f Supervisors>
Frederick• County Board of Supervisors
. 292 Green Spring Road.
Gainesboro Magisterial'District
` Winches_ ter, VA 22603
348 Peeper' Lane
Winchester,, VA 22603
Mr. Charles S.;Dehaven, Jr.
Mr. Gene.E. Fisher-
Frederick County Board of Supervisors
Frederick County Board of Supervisors
Stonewall Magisterial District '
Shawnee Magisterial District
2075 Martinsburg Pike
246'Brush _Drive
Winchester; VA 22603' '
Winchester, VA 22602
Mr: Robert W. Wells -
Mn Gary.A. Lofton
Frederick County Board of Supervisors "
Frederick. County Board-.* f Supervisors
,pequon Magisterial District
Back Creek. Magisterial District.
5114 Laura Drive
7.11 Buffalo 1Vlarsh Road
J, Stephens City, VA 2265.5 .
Middletown, VA.. 22,645
.
1l
Mr. Christopher E Collin's
Ms. J.uiie Wilmot, Chairman
Frederick County Board 'of Supervisors
Member at Large
' Red Bud Magisterial District
Frederick County Planning Commission
120 Sew -Court
107'N: `Kent Street
Winchester-, VA 22602
Winchester, VA, 22601
Roger L. Thomas, Vice = Chairman ,
Mr. J. Rhodes; Marston
Opequon Magisterial District.
Back,Creek Magisterial District
Frederick County Plarining°'Commission .
Frederick County'P1anning Commission
l`07'N. =KentSfreet-.
107 N. Kent Street
Winchester; VA 2260.1,
Winchester; VA 22601
Mr: Greg L. Unger .,
Mr. Kevin W'. Kenney
.,Back Creek Magi'steiial.Distn"ct
Gainesboro Magisterial District
ct .
Frederi'ck :County Planning. Commission "
Frederick County.. Planning Commission
107 N. Kent Street:
107-N. Kent` Street
Winchester, VA 22601.
Winchester, VA 22601
FRONT .ROYAI,ADURF:S,S:PoorOE41ck Box 602,FRO\1ROYA1,VIRGINiA 22630• TFIXTuuNt :6(540)635- 9415•FACSINIR.E:( 540) 6359421•; E-J fAR: i.ISI1,FF(d.i,AwsosANnso.EK.COaI
August 2'1 -, 201:4
Page.2
_
IVIr.: Charles E. Triplett;
Mr .Christopher Mohn
Ganesbo'ro M_ag- isterial District:
Red $iid Ma- gister " "_ial District-.
FrederiekC,ounty Planning'Commssi`on,
Frederick County Planning Comni'sson
1t50'.Lorie.WilTow Larie .. =
107 -N KentStreet
Gore, VA 22637
W�eV22601
r
(via U S Maid)
Mr: Char=les, F. Dunlap _
Mr :Robbi'e Molden
- "! Red Bud IVlagisterial District:_ _
Opequon Magisterial-District
Frederi�k County Planning Commission.
Fred'`er.`ick'Co i ,Plannfng,Commission
1.07,N'. Kent Street ,
1,07N. ,Kerit',Street
Winchester, VA226,0 4'
Winchester; VA 2260:1.
Mr. Lawrence R Ambrogi ss
Mr. H Pai;ge,Manuel:
Shawnee: Magisterial. District_ :.
Shawnee !Magisferial 'bistrict
Frederick "County Planning Co iih s ion.
.. FrederickCounty, PI _ 'ann _rig Commission
107: N. ' Kentt Street ; . ' .
f07• N. Kent Street
W- in0hest' , VA 2260;1 _
Winchester; VA 226:0`1
Mr. Gary R. Oates .
Mr. Stan Crockett,. .
Stonewall Ma sterial.;District.. ;
g
, - Stonewall Ma.gi:sterial bistnct•
Ere de _ok County PlariinmgEomnli:ss on
FrederickCounty; Plan ing,Coimiss on.
_ 1.0T N.:Kent Street -.
107 N, .'Kent Street
Winchester, VA 2260;1. _ -• > -'
Winchester, V, -22.661,
•
Rey Heritage Commons
,..
Our FH6 NO. 1050 00.1 -
VIA E =MAIL
Dear June, and. Gentlemen;;
This is za friendly reminder' about
the f eldc trip on August 26.th :for. the! members of the'
' Board of Supei_visors °.and Pl'anninR Commfssioii •to see sites n'Loudoiin and. Fairfax Counties:.
which are .reflective,.of ' what,.the :developers
plan `to''bring to, the Heritage Commons site 'in
' 'Frederick, County` I Have `heard, from one .Supervisor who. requested that, we depart-.after 1''0:0.0
a.m.. dize',to earlier meetings_ in the day;
Wc' will;. therefo "re; I'eave °•a little a _bf.10.00 a.m. and. .
depart from the Cameron Street lofat the'County office building.
Iri order` to get .a better Aidea- of -how. many attendees `we will have; please let- me know if
Y ou will'..be ,, able ;to poi "n -Us on August 26`h
at
'TELEPHONE[ (540);6_65 -0050'
I'
SIMILE: ($4O) i22 -46$1. THOMAS;MOORE- ILANSON - TLAWSONnLSPLC.COM
Mr. Richard C.. Shackle, Chairman
Frederick County' .Board of Supervsos
;292. Green Spring Road•
" Winchester VA 22603'
August 21,
Mr. Robert A Hess; r
Frederick County;Board'of'Supervisors
Gamesboro Magisterial District
3`48 ,Peeper :Lane.
Winchester; VA22603
Mr Cliarles,S'.`Dehaven, Jr:'
Mi.,Gene E, Fisher
Frederick County Board of Supervisors
Frederick Couni. Board<gf -Supervisors,
Stonewall Magisterial District' . .
Shawnee 1Vlagiste'ial District
2075.MartinsburgPke a
246 Bush Drive '
. --
Winchester, VA 22603: " .
Winchester,. VA22602
f
Mr. Robert W., Wells
Mr. Gary,A. Lofton
t Frederick CountyBoard,of'Superuisors
Frederick County Board; of °Supervisors!
-' ;O.pequori Mag sterial_District .
Back''Creek�Mag steiral,District:.
.
5J 14 Laura Drive
711. 'Buffalo Marsh Road,
t Stephens City, VA,22655' -
Middletown. VA 22645 .
MV .. Christopher E. Collins
Ms., June `Wilirioi, Chairman
,.
Frederick County °Board of'Supervisors
Member at barge,
1 % 1 Red Bud_Magisterial Nstrict
Frederick County ;Planning, Commission
K 120 iSesar Court
WTN. Kenf Streei
Winchester - --. VA 22602
Winchester, VA 2260,1
6 ::1V1r Roger L_; Thomas; Vice = Chairman,
Mr J: Rhodes Marston
Opequon Magisterial. District
Back. Creek- Magi:sterra1.Dis1ri6t -
Fred'erck County Planning .Commission
Frederick County- Planning- Coininission
107N: Kent Street
167 N. Kent •S`treet
Wrnche-s1ter'VA22601.
Winchester VA.226
Mr Greg L. •Unger
Mr. -Kevin ' W'. Kenney
- Back Creek lVlagister -iaf iA i— t;
66nc§boro.Mag stern" bistr ct
Frederick County 'P -.,laniiingTCommission,
Frederick County Planning; Commission
F
107 N. Kent�St "reef
107.N. Kent 'Street;.
Winchester, VA.22601
Winchester, VA22601,:
, - FROM 'ROl nl,P)II rSti POIrO]'i?ICFBOh6O2, FRO 'NIRO'AI VIRCIN In22630- TELEPIIoN
,( 540)6159415. FACSINILk _(540)6359421 EUAII.JSILFIK�!1AN ti0 \A \'Ii111.I:K.CO)1
_ August 21, 20`1:4 ' -_ ,
Pagen2'
j 'Mt. Chafles1: Triplett-
Mr, Christopher M;ohn.
"i Gainesboio Magisterial District .
Red'Bud Magisterial D'i`strict
- :.
Fr, dO'e k ,ounty Planning Commission
Fredenck<COunty Plarming�Cornrni i n
160 "Lone'Willow Lane.
107N Kent Street:
Gore, VA.22637
Winchester,'VA-22601'
(V;ia U;S:• Maih)'
M- Charles F;- Dunlap
Mr.= Robbie Molden
} Red Bud MagisterW,Qistric`t=
Opequon'Magisterlal District
1 Frederick Courty'Planning.Commssori
Frederick County,Planning Commission
" .: 10__7 N:,,Kent Street'
1,07 N.,Kent Streei
l " Winchester, VA-22604
Winchester," VA 22604
Mi Lawrence R. Ambrogi .
Mr.. H. Paige Manuel' '
Shawnee "Magisterial' Districf .y
Shaw:iiee:Magisterial District
Frederick County'Plaranig omm ss on
Frederick Cdl n Planning Commission
-k .107 N. =Kent. Street
107 N Kent° Street .
Winchester, VA 22601
Winchester;'VA -22601
W.0 alYR, Oates
Mr. Stan Crockett
Stonewall Magisterial District.
Stonewall `1Vlagisterial D "istrict
Frederick County Plammng Commission"
Fredenck County Planning" Commission
__
107 N. Kent.Street
107`N Kent Street
. Winchester; VA 22, 601
Win Nester;_ A 2260;1
Re Heritage Commons
Our Fite'No. 1050.00:1
VIA "•E -MAIL
a
" -Dear June and:,Gbridemen
This is °'a friendly remindei -' about' the. field trip on,. August;'26t1i for the- °members of ;the,
::Board of Supervisors and Planning_ •Commiss onto see sites m Loudoun" and Fairfax Counties.
which, are reflective -:of what the' .developers plan' to bring, to the Heritage Commons site in
Frederick County., I ,have heard from one :Supervisor who requested that ;we depart after. 10 :00
a:m due to earlier "meetings; dri, the day.
`We ,will, °therefore, leavo'a little after:;,:10 00 a m , and
" depart-'from iherCameron .Street lolA "the
County office: building,.
In order to get a better idea of how many attendees •we will have, please, let, me know if
you will be able to join us on August Mt
at 10 am.
LAWS ON. AND: SILEK . RiL.C.
120 EXETER DRIVE, SUITE 200
PosT_0FFICEd3b,X'2_740
WINCHESTER, NIA 22604
TELEPHONE (540),665-0656
FACSIMILE: (540)'7224051
Mr.Richard C. Shickl*e, Chairrnan
Frederick County Board of Supervisors
292 Green "Spring Road
Winchester, VA 22603
Mr) Charles, S. Dehaven; Jr.
Frederick County Board of Supervisors
Stonewall Magisterial'Disirict,
2075 Martinsburg Pike
Winchester, VA 22603
Mr. Robert W. Wells
-
Frederick '(ounty,Boqrd of Supervisors.
Qppqiion Magisterial District
1 1'.4 Laura Drive
Stephens -City, VA 22655.
Mr.: Christopher-E.7 Collins
Frederick ' County Board of'Supervisors.
Red Bud Magisterial District
1`201 Sesar Court
Wihchdstdr, VN22602
Mi, ;Roger L,. Thomas Vice- Chairman
..Opeqpon Magisterial District
Frederi7ck,CoU'niy,Plannihg Commission
1107 N. KenvSfre6t
Winc.hf_st_er.,,,VAi22601'
Mr.,..Greg,L. . Unger
,Back Creek Magisterial District
Frederic—
k.County,p-lannirig Commission
1"107 X. Kent. Street
Winchester; NA226.01
TIfdMAS N1_bORr LAWSON • TLAWSO'N a(LSPI.C.COM
August, 19, 20,14
Mr. Robert A. Hess' .
Frederick County B-6ard of Supervisors
Gainesboro Magisterial District
34& Peeper Lane
Winchester, VA``226'03
Mr. Genb'E; Fisher,
Frederick -Cou'rity •Board of&pervisors
S I hawnee Magisterial District
246 Bush Drive
Winchester,, VA 22602-
Mr. Gary-A, Lofton
Frederick. CounfyBoard of;Supervi-sor's
Back Creek Magisterial District
711 Buffalo M.Arsh,Roqd
Middletown, VA.22 , 645
Ms. June Wilinot, Chairman
Member-dt Large
Ffed'efick County Plann . ing Commission
107 N. KentStreet
Winchester, VA'22601
Mr. J'.1 Rhodes, ,Marston.
(Back Creek Magisterial District
Frederick County'flanning Commission
107 N. Kent Street,
Winchester, VA 22601
Mn, Kevin'.W. Kenney .
Gainesboto.MagIA&W -District
FrpdefickCbuiftyPlannihg Commission
107 N., Kent, Street
Winchester, VA.216.01,.
FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL. VIRGINIA 22630-TEI,EPItONE:-(540)635-9415,-,FAC.StFIILE: (540) 65-9421 • E-NIAIL:-JSILEK@LAWSO.NANDSILEK.COM
F
LAWS ON. AND: SILEK . RiL.C.
120 EXETER DRIVE, SUITE 200
PosT_0FFICEd3b,X'2_740
WINCHESTER, NIA 22604
TELEPHONE (540),665-0656
FACSIMILE: (540)'7224051
Mr.Richard C. Shickl*e, Chairrnan
Frederick County Board of Supervisors
292 Green "Spring Road
Winchester, VA 22603
Mr) Charles, S. Dehaven; Jr.
Frederick County Board of Supervisors
Stonewall Magisterial'Disirict,
2075 Martinsburg Pike
Winchester, VA 22603
Mr. Robert W. Wells
-
Frederick '(ounty,Boqrd of Supervisors.
Qppqiion Magisterial District
1 1'.4 Laura Drive
Stephens -City, VA 22655.
Mr.: Christopher-E.7 Collins
Frederick ' County Board of'Supervisors.
Red Bud Magisterial District
1`201 Sesar Court
Wihchdstdr, VN22602
Mi, ;Roger L,. Thomas Vice- Chairman
..Opeqpon Magisterial District
Frederi7ck,CoU'niy,Plannihg Commission
1107 N. KenvSfre6t
Winc.hf_st_er.,,,VAi22601'
Mr.,..Greg,L. . Unger
,Back Creek Magisterial District
Frederic—
k.County,p-lannirig Commission
1"107 X. Kent. Street
Winchester; NA226.01
TIfdMAS N1_bORr LAWSON • TLAWSO'N a(LSPI.C.COM
August, 19, 20,14
Mr. Robert A. Hess' .
Frederick County B-6ard of Supervisors
Gainesboro Magisterial District
34& Peeper Lane
Winchester, VA``226'03
Mr. Genb'E; Fisher,
Frederick -Cou'rity •Board of&pervisors
S I hawnee Magisterial District
246 Bush Drive
Winchester,, VA 22602-
Mr. Gary-A, Lofton
Frederick. CounfyBoard of;Supervi-sor's
Back Creek Magisterial District
711 Buffalo M.Arsh,Roqd
Middletown, VA.22 , 645
Ms. June Wilinot, Chairman
Member-dt Large
Ffed'efick County Plann . ing Commission
107 N. KentStreet
Winchester, VA'22601
Mr. J'.1 Rhodes, ,Marston.
(Back Creek Magisterial District
Frederick County'flanning Commission
107 N. Kent Street,
Winchester, VA 22601
Mn, Kevin'.W. Kenney .
Gainesboto.MagIA&W -District
FrpdefickCbuiftyPlannihg Commission
107 N., Kent, Street
Winchester, VA.216.01,.
FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL. VIRGINIA 22630-TEI,EPItONE:-(540)635-9415,-,FAC.StFIILE: (540) 65-9421 • E-NIAIL:-JSILEK@LAWSO.NANDSILEK.COM
August 1 -9,_ 2014
Page 3
Associates, Inc. fo. conduct an, economic study of the proposed uses for the Heritage Commons
site and have confirmation from that. firm: that this is a much needed development for our
community which -will not..only provide an alternative place, to live, work and play but generate
tremendous revenues- and other benefits io Frederick County.
As we have .done with. other projects which are bringing something new to Frederick
County. the owners and developers thought it would be a good; idea to 'take a ",field trip" with
members of the Board; of_Supervisors. and. Planning Commission to,show them examples of the
unit types and development,that is' planned for.HeritageCommons. After all, welcan spend a lot
of time trying to explain what: is being proposed, but there is no substitute for actually seeing the
communities first hand We are .. proposing to take as many Supervisors, Planning
Commissioners and Staff on,a tripto northern Virginia on Tuesday, August 26, 2014. Due to the
anticipated number of public officials. its attendance we have already been in contact with
members of the Frederick County .Plamling Department, and they have advised that they will
send the. requisites notice io 'the local. newspapers to advise them of this-vi -sit and to invite them to
attend the. trip if they are interested. So that we can °.,plan° for art `appropriate vehicle we would
greatly appreciate it if you 'could `respond to meat your earliest convenience and let me know
that you will be 'able to afteid. We would`anticipate'that the total trip would take no more than
five hours which will allow a generous amount of time on the grounds of "the communities for a
visit.
Thank you for your assistance and 'cooperation. We look forward 'to the opportunity to
show you these new communities.
TML -.jk
cc: R 150 'SPE, LLC
.Heritage: Commonsk L-LC
Frederick County Planning ,Department
c
1,
Eric, LaWitence
From:
Thomas" Lawson,. <,tlawson@lsplc:com>
Sent :.
Tuesday, August X19; 201412'08' PMT
To:
rschickle @fcva.us; Robert -Hess; Cora DeHaven; Gene Fisher; Robert Wells; -Gary Lofton;
Chris Collins "wilmot22 @yerizo"n.net Roger.pamthomas @comcast °net; Rhodes Marston;.
Greg Unger"; kkenney @cmiva:cgrn; cmohn @bowma'nconsulting.com; Chuck Dunlap;
rsmo�lden@aol.com; clambrogi @,l:com; hpm @visualli.nk.com; oatesgr @aol.com;
„
crockett@vit.org
Cc-.
Eric lawrence; Candice Perkins;.Admin:;:Admin. 1
Subject:
Heritage�Commons
Attachments:
Board and PC ltr 8.19.14.pdf
Please see the attached.
Thank you.
Thomas Moore Lawson,, Esquire
Lawson and Silek, P:L.C.
P.O. Box 2740
Winch "ester,'VA 22604
" Ph:540= 665 =0050"
Fbx:. 540 -722 -4051
Email' tlawson(cDIsPIc.com
The information contained in this message is information intended only for the. use of individ.ual'or entity named above,,
and may be attorney /clien't privileged
and confidential. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this'communication;ineeror,
please immediately notify-.us by telephone, and -return the original message to us.at
' = Ahb above address.
c
1,
J
LAWSONAND S1LEK9T.L.0,C.
1.20 EXETER DRIVE, SUITE 200
POST &FiCE.BOX2740
NVINCIIESTER,V 22604
TELEPHONE- •(540):6654650
F,VcsimiLE: (540).-1224051
Mr. Richard C. Shickile, Chairman
Frederick, County Board of- Supervisors
292 Green, Spring Road
Winchester, VA 22603
Mr—Charles S.Dehaven,Jr-
'17,redefick County Board of Supery I isors
Stonewall., Magiste'rhAl District
2075 MaptinsIbilra. Pike
`Winchester, VA 21603
TUONIAS8106RELAWSON - TLAWSON nwLS11MCOM
August 19, 2014.
Mr., Robert' A. Hess
Frederick County Board of'Supervisors
Gainesboto Makisteriaf District
348, Peep.-er, Laile
Winchester, VA 22603
Mr. Qgne%E;.Fis4pr •
Frederick, County Board of Sup_ ervisor's
Shawnee.Magisierial District
246 �Bush'Drive
Winchesters VA 22602-
Mr. , Robert W,', Wells
'Mr..Gary A; Lofton,
r
Frederick County Board,of Supervisors
Frederick County Board of Supervisors
A
Opequon - Magisterial'District
Back Creek, Magisterial. District
5114 LauraDrive
7121* Buff -lo MarshRoad
Stephens City, VA
Middletown, VA 22645
Mr. Christopher ECollins
Ms. June Wilmot,'Chdirnian
Frederick -County BQa rd of Supervisors
Meml &,at Large
Red Bud Magisterial District
Frederick Count y Planning Commission
120:"Sp-sar- Court
1,07N. Kent,Stieet
Winchester, VA 2260
Wincheste . r, VA 22601,
;Mr. Ro r L. Th6ffi.�s,'Vice-Chairman
Roger rinan
'Mr. J. Rhodes Marston.
`peqqoq.M.agj.sterial, District:
Back Creek; Magisterial'Districf--
F r ' e pp' d 'ck Coypty Planhing Commission
ft ed'erick County Planning Commission.'
01 , , .
N. Kent Street.
107 N. Kent Street'
Winchester, VA
Winchester, VA 22601; '
M I r 6reg,L,. Vng&f
Mr. Kevin W. K6rinqy,
8, ack -Qe'ek Magisterial District.
4
Gainesbofo Magisterial -District
Frederick -County. Planning Commission
Frederick, Count' Planning Commission
County
1'67`'N. Kent Street
.107 N.. Kent Street
Winchester, VA 22601
Wirichester,,VA'2260
FRONT ROYAL'ADDRESS: POST OFFICE BOX 692; FRONT ROYAL,. VIRGINIA 22630•
TEI.Ephon: (540) 635,941 5 • FACSIMILE: j.�40j 635942'1'-" E-AIAIL"JSILEK@LAWSONArfDSILEr-CONI
August 19, 20,14
Page 2
Mt. Charles E. Triplett
Gainesboro Magisterial. District,
Frederick..County Planning.commission
15,0 Lone Willow Lane
Gore, VA 22637
(via U.S. Mail),
W., Charles, F. Dunlap.
Red Bud'Magisterial District
Frederick County `Pl'anning Commission
1.07 N.. Kent Street -
Winchester, VA. 22601
Mr. Lawrence R. Ambrogi
Shawnee Magistertal,Distrct
Frederick County Pladn'irig Commission
107`N;. Keni-Street
Winchester, VA 22601 ,
Mr. Gary R. Oates
Stonewall Magisterial 'District
Frederick County Planning Comm'i'ssion
107 N Kent Street',
Winchester, VA 22601
' VIA'E -MAIL
Dear June and .Geiiffemen:
M
.r.,Christopher M6hn
Red`Bud Magisterial District
.Frederick County Planning Commission
107 N. Kent Street
Winchester, VA,2260`I
Mr. Robbie Molder
Opequon Magi..kerial, District
Frederick County Planning Commission
107 N. Kent: Street
Winchester„ VA 226 01,
Mr..H. Paige Ma►iuel_
'Shawnee Magisterial District
Frederick County. Planning Commission -
107 N. Kent. Street
Winchester,;VA 22601'-
.Mr. Stan Crockett
Stonewall Magisterial District
Frederick CountyPlahning Commissioir
1,07 N.' Kent Street
Winchester, VA 22601
.. -Re Heritage. Commons -
Our F'il'e No. 1050.001
As .you, kri'ow.I ngpresent, MMA ;Realty Capital; LLC ,and. R 15,0, SPE, LLC: with regard to
the.property that R':150 owns w}iich was formerly. known as Russell'150 and which now has been .
k.
filed as' a rezoning under the ;riame:of Heritage Commons.- This property.hasl e'en embroiled for
many,years in a:- series of .issues which include' failed 'development-, the termination 6f a: CDA, .
claims from variouse lenders and- contractom and, most'. recently, claimed tax, issues. The oil ers
of both -the: property and the- bonds are pleased that these issues are now, behin us, and we. have
filed .'a rezoning °for Heritage Commons to allow for a modem and ecoriomically viable proiect to
be constructed, on the; - Heritage. Commons site. This' incl`u`des :.much needed transportation
improvements which; will connect Frederick. County and the City-of Winchester with a bridge
crossing over 'Interstate 81. It will also bring viable commercial development as well as more
urban living that-."' is a unit type that does not yet exist in Frederick County but is experiencing
strong demand in `other parts of Virginia. The developers of the site `fiave�engaged Stuart. Patz,,&
0
August 19, 2014
Page 3
Associates, Inc. to conduct an economic study of-.the, propgsed,.uses,for the Heritage .Commons.
site and have confirmation from that firm. that this is a :much needed development forour
community whi& will fidf,,ofily provide an alternative place to live work and play ay but generate,
tremendous revenues., andloffier, bene-fifs to.Frederi& County.
As we have done With other projects which are bri nging something new to Frederick
County. -the owners and .46ve lopeis,Aibught it, would. be, a good idea to take a "field trip" with
members, of the Board of Supervisoifs and Planning Comi-ftission to show them examples of the
unit types and develoipme4Jhat i's,plahned for Heritage Co-mm-Ons. - After all], wen can spend a lot
of time -tf,'yiiig to explain.•what, is being proposed, but there is no substitute for actually, seeing the
'iies e -are proposing to take as . . many Supervisors, Planning
communi first hand, W1,
Commissioners and. Staff on d iripio northern Virginia on Tuesday, August 26, 20 14, Due to,the
anticipated number of public., officials in attendance- we have,:• already :been in contact with
members, of the Fred&Ick-.C` nfy Mfining Department, and they',have advi'sed that they will
send,ihe,tequi*site,notice't.'Q, the.lo'cd] newspapers to*adw tsethcrn of ihl*s, Visit and to invite them to
attend the t6p ifthe'y are interested. So that, we can p r an, a' vehicle we would
!an f6 ppropri
gtat ready aw reciate it if,you could respond.. to me at your- earl iest'c6nve niefte and let me know
you ll be a6lito.attend We would anticipdte: that the total trip Would take, no more than
five hours which will- allowa, gprip,pous I amount of time on, the,gfounds Of thecomm'unities for a
visit.
Thank you for- your a§sli•tanceand cobperatibn.,' We ,look forward to the opportunity to
show you these: new communities.
T -jk, —
ML.
cc R 15,0 S.PE,ILILQ
He'Jt' C!6 bhs�; LLC,
T.� age .) omm'o
Ffeder.*ck- C6unfv PlanningDepartment
I.
PIN 8 on b-
� Mm
Document Approval' Fo
rm
PLEASE REVIEW THE ATTACHED DOCUMENT. -IF THIS DOCUMENT MEETS'
YOUR - APPROVAL PLEASE INITIAL AND PROVIDE, THE DATE AND TIME OF
YOURAPPROVAL.
IF THIS DOCUMENT DOES NOT MEET YOUR APPROVALPLEASE PROVIDE
COMMENTS AS TO WHAT YO U'WO ULD LIKEM HA " VE COMPLETED.
Initials D-Ate:&Tiffie
(janD
Mark
-Dive
Eric
1Mike
John
F1
COMMENTS:, i �S*'t f 2-q -S () t �b - C
Ct.
Received by Clerical $tAff(Date,& Time):
(S Office on BlackboxTorm\Document Approval Form 07/.16/2014)
r
ads
LAWSON AND SILEK, .P.L.C. AUG - 8 2014 III
120 EXETER DRIVE, SUITE 200 FREDERICK COUNTY
POST OFFICE Box 2740 PLANNING AND DEVELOPMENT
WINCHESTER, VA22604 - - -
TELEPHONE: (540)665 -0050
F.ACSIMIL.E:1(540) 722 - 4051 THOMAS MOORE`L,AWSON • TLAWSON(a�LSPI,C.CONI
' e
August 8, 2014,
Eric R. Lawrence, AICP, Director
Frederick County Department of Planning & Development
107 North Kent Street
Winchester, VA 22601
•
Re: Heritage'Commons Rezoning Application
Our File.No. 1050.001
VIA HAND- DELIVERY
Dear Eric:
Enclosed please find the rezoning application for Heritage Commons. We will
supplement the application with updated, original signature pages but for now have included
scans of the signature pages. I look forward to finally having the opportunity to work with you
on this rezoning.
Thank you for your assistance and cooperation. If you have any questions, please: do not.
hesitate to contact me.
Very truly yours
Tho s oore Lawson
TML:jk
Enclosure
M R 15.0 SPE, LLC
Heritage Commons, LLC
FRONT ROYAL ADDRESS: P. �, BOX 602,'FRONT ROYAL, VIRGINIA 22630,'FF.LEPHONE:.(540)635- 9415• FACSIMILE: (540)635- 9421 • E- MAIL: JSILEK(1LAWSONANI SILF.K.COM
Candice Perkins.
From: Eric: Lawrence:
Sent:: Tuesday July 29; 2014 3:32 PM`
To.: Thomas Lawson'
Cc' Candice Perkins Addmin_ Admin. 9
Subject: RE: PC schedule and submissionAeadlines
Ty- The draftryou attached indicates revisions;in Janua "ry, ApeiI, and July'2014, but= tho "se` revised docurnentswerO not
shared with'the, review agencies.,lt may'be.beneficial to pr; "ovide us;with,,a; redlined ve "rsion of-the proffer /mod do -ument
so that.we`knowvhat has been changed since.our last review in O'ctober2013'. We. ,can .discuss furtheT at our meeting
tomorrow. Thanks,
From Thomas;L'aWSOn [mailto tlawsonOlspic.coni],
Tuesday,., July" 29, --2- 14 3:14 PM`° '
: } To:.Eric Lawrence:`
Cc .Candice; Perkins, Admin , Ad'mm. 1
1 Subject. RLa P.0 schedule -and su- omission deadlines
G'. For tornorrow's meeting,;i:n case you_ dd,not,have these documents handy. enclosed; please find the current versions of
the Proffers, Modificat ion, DocumentUand GDP. Thanks,;Ty
From Eric Lawrence'[mailto:elawrencOfcva . us]
Sent: Monday, July 28, 2Q14. 3.' -'55 PM
To: Thomas :Lawson,
Cc:- Candice; Perkins; 'Admin ', "A' dmin. 1'' Admin Admin. 1
Subject: RE: PC schedule and submission deadlines;
Ok. Wednesday at °8 :30AM in the R, anning`Department.
-Eric
[' P
Sent Monday, July, 28, 201'
14t2.22 PM nCa�ls Ic coin.
To: Eric Lawrence
t7c:1 Candice', Perkins, 'Admin "; 'Admin 1; Admin.;;, Admin. T
Subject: RE RC`sched'uleand submission deadlines
How,'-a bout, Wed nesday morning' at48 30 yd,6rr ,off ices ?Thanks, 'T
From. Erie Lawrence irma lto elawrenc @fcva:us]
Sent:y Monday, July 28; 2014~:12:1 "8 PM:
To;; Thomas Lawson
Cc: Candice: Per`kinsAdmin , Admin:,1
Subject RE_ PC schedule; "and'submission deadlines
'Hi Ty.
:( Candice and`I are' both. availab`le; this Wednesday (J'uly 30;), morning; or Thursday (Y 1y 31) or Friday before 3PM. Let us
C _.
know when you would to •meett'o discuss th'i's rezoning "application
- Eric. .
._
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Candice Perkins..`
From:;':' Thomas Lawson [tlawson @Isplc.com] R
Sent:, Thursday July 24,, 2014 ,5:05 PM-
To. Eric; Lawrence
C C. Candice Pe kms, Admin- ,;, Aamiri.1T
Subject;: RE: PC schedule and,su'bmissiondeadlines
1 think a;work session-' ' I, had a meeting with John Riley earlier this week and he advised it may be a j'oin.:t
work•session with Boa rd•of.Super>visors, and. Rlanning Corn niission. I know you area out this wee k' onvacation: Please get
back=to mesas soon:-as you are back so-we,,can.try to schedule the •work session. in;early,August. Also, let me; know when
you. and'` @andice "have:time` o, meet- toy "review again the rezoning, application. Thanks, Ty,
From Eric'_ Lawrence '.[mailto:elawrenc @fcva; us]
'
_ Sent , Thursday, July, 17; 2014" 1 AG PM;
l To: Thomas,L6wson
W Candice; Perkins,,
Subject: PC schedule and submission deadlines
Hi Ty,
Following up on,your voicemail fiom yesterday regarding ,-your pending - submission of t_he Heritage Commons rezoning
applications the next Plarihing.Co_mmissio"n meeting`s_schedUled f,,or August 20; 2014;: The deadline for complete
reionmg applicatio:nsubm_issiori is July,25; 2014 to;be lieard by the,Planning Commission on August 20, 2014.: The
Planning CommiSSign also will meet on.September 17 2014; thew "pplicafion submission deadline is August -22, 2014.,
" I;w:ould node that because of thercomplexity ofsthe- Heritage,Commons rezoning.. "proposal ,(i e.;R -4• and. associated,
modifications docum6nt),,the:P.Ianning Commission may schedule an applicati "on!b,nefmg /work;session pri.or�to
scheduling the public,hearing..,, This, briefing /.\ rpWsession en`ablesstaff•an'd PC,toagain the benefit'of a detailed•
explanation <of.the;co.mplexities:of;an application, inadvance of`•tlepublie,hearing,;Once the.:complete applc_ation',is
p
submitted;, will confer with the Planning'Gomcnission Chairman to determine ifa briefing /wor "ksession is warranted:
Eric, Lawrence,,AICP
Director;; Department of °'P.lanni'ng.and Development
, .Frederick County; Virginia
107.N. Ken,t,Street
W,inchester,'Virginia 22601
540:`665.5651
540.'6.65.6395 ;fax;
.elawrenc @fcva.us
wwWJcva.us /pIannink,
� No � "irus `found °in_ this message: -
Checked by AVG www, avg com
Version: 2Q14.0 ,4716`/ Virus;patabase: 3.986 %7869 - Release.Date: 07/17/14
t
Candice Pe . !Sn ,. t:
From Enc Lawrence
Sent:; Thursday„ Ju17
ly „20141.40 PM
To Thomas Lawson
s' 'C Candice Perkins
„•Subject: RC: chedule and submission deadlines -
Follow m g u p n o,ur v oicemail from e,s,
te'rday re a rdin g�yo
urTpe nding suli ission o.f. the Her tage,Commons rezoning,
C ust 20; 2014. The-deadlne forcomplete
application,,the.next Planningommissionmeeting is scheduled for-Aug
rezoning application•submission,:is Jaly.25, 2014'to be: heard. by thePlanning,'Commission on August 20, 2014. The
Pla'nining Commissi 'onalso- will`meeton.Septembe'r• 17, 2014; tf e'application submission deadline 'is August 22, 2014.
I would =note thaf because "of the,complexity ofthe.Heritag'e Commons rezoning proposal" (Le., R -4 and. associated
. modifications doeument),jhe P_Iannmg-Comroission may schedule an application briefiing /work° session prior to
scheduling the public hearing. This, briefing /work sessiomenables,staff and PC to�gain •th6tenefit,,of,a detailed
' exp''an mlextie:fn pli" aion, n vance _,ofhepub; 'h complete, is
, t
j subrnitte4,,T will "co'nfer with the Planniiag Commission Chairman to' determine if''a' briefing /work, session is warranted.
-Erie
f
Eric' Lawrerice;,AICP
{ D:irector;'Depa`rtme'nt of,Planning�and•p °euelopment
E
Fireclericki County; Virginia
107 N.Xbnt Street
Winchester,'Virgi`riia 22601
j ` 540.665.565'1
.540.665:6395:fax
elaw'renc @.fcva us
www 6a.us /planning
i
" - COUNTY of FREDERICK
t
.' - ..
' Depariinent of Planning.and Development-
,,Jw 5;40 %665 =56521
Fax: 54:0/ 665 -6395
Eric•R. Lawrence, AICP-
_ Director
January,' 29 2014
Thomas Moore Lawson -
120•Exeter'Drive Surte,200; h
P ost Qffice,-Box2-,74.0
Winchester-, Virg ma 22604•
f ,
_ I
RE Heritage` Commons Rezoning Application.
Dear Mr. Lawson:
The'Heritage Commons rezoning applcation;was received in the Planning `Department
off ce on Jariva y ;24, 201.4 at 4:30 P1V1; The tappl cation fe -e, wl _le referenced in the_
application ..submission „was,rece'ived' n the department on January, 28j,20.44.
The rezoning application - submission did;not- include proof that-,all propertlaxes due and'
payable to the County are, paid h that no delinq
b pent taxes arc outstanding, a& required
'by-§165-102101B the Code of.Frederick County. Therefore,, the, rezoning, application
submission is. rejected, and,retur'ned`to you.
Enclosed is'the application packaget'as; submitted ,,ncludirigthe,application.;fee. Once
•
you s'ecure,proo '.'lliat all takes:,haue been satisfied,, we welcome the resubmission of the .
rezoning application
Sincere
• .. •'`. - c lam.
Eric-R Lawrence; AICP
Director, D epartrr ent ofPlanning °and Development
Eiicl'c sure,
'Cc: R 1.5,0 SPE, L I C
1:07`North.Kerit Street ® Winchester, Virginia 22601 -5000
~ Candice`. Perkihs `
From: Candice Perkins
Sent: Friday,,January 1;7, 2014'12:51 PM
To: Ty Lawson,
Cc; Eric_Lawrence
Subject: RE: Heritage Commons rezoning
Ty,
The deadline fo,r the'February Sth meeting, was January 1&.
The deadline for the February.19th meeting is +January 24`h
Candice Perki sS AICP =
Senior P, 1p;pner.
F "6derick,Count,y,Depa,rtment of
Planning & Development
107 North Kent Street,
Winchester,; Virginia 22601
(540)'•665 -56' Sr
(540) 665 --6395 (fax)
cperkins @fcva.us:
www.fcva.us
From: Ty. Lawson [mailtoalawsdn@Ispic.com],
Sent: Friday, January 17, 2014'12:11' PM '
To:. Candice Perkins
Cc: Eric °.Lawrence; Admin.
Subject: RE: Heritage Commons rezon, ing
Please let me know the, deadlines for filing a rezoning if we wantJo make it''bn the February 5th'and the February 19th
Planning, Commission agendas. Thanks,'Ty
From: Candice Perkins-r[mai Ito: cperkinsOfcva us]
Sent: Thursday, January 16, 2014 3 43 'PM
To: Ty Lawson
Cc: Eric Lawrence
Subject: RE Heritage—Commons rezoning
Ty
We need one hard copy`of all required application materials and a CD /digital copy of all materials (pdf.for.mat).
Let me. know ifyou have any questions:
Candice Perkins, AICP
Senior Planner
Frederick County Department, of
Planning- &_ Development
107 North -Kent Street
Winchester, Virginia;.22601
(540) 665 -5651
(540) 665 -6395 (fax)
cPerkins @fcva.us'
1
ww.w.fcva.usi"
Feom; Ty Lawson [mailto:tlawson @1spit.com]
Sent:,Thursday, January 16, 2014 3:10 PM To- Candice Perkins
Cc:. Admin.
Subject:.RE ;.,Heritage Commons rezoning
Candice:
Let me know as soon, :as you have this 'information.
i Thanks, Ty
1
From -'Ty Lawson '[mai Ito: lawson@Ispic.com]
Sent: Thursday, January. 16;'2014.9::25 AM`
To: 'cperkins @fcva.us' y
Cc: Admin.
Subject:: Heritage Commons rezoning
"Candace
We.are getting ready to file the rezoning-for the. former. Russell 150 (now Heritage Commons) property. _Please let me
know how many copies you would like of the application and plats.
Thanks, Ty
Thomas Moore`Lawson, Esquire
Lawson and 'Silek, .P.L.C.,
P:!O..Box' 2740
Winchester, VA 22604
Ph: 540`665= 0050 -
Fax: 54,0; -722- 4051
Email:.tlawsonCcDlsplc.com
The information contained m this r message is information intended only for the use of.indiidual or entity named above,
and may attorney /client privileged.and confidential: If the reader of this message, is, not the..intended recipient, you are
hereby notified that any dissemination,.distribution or copying of this commurncation,is strictly prohibited. If you have
received tt is communication inerror, please immediately notify us bytelephone.arid return the original message to us at
`the "above address.
2
Candice Perkins
From' Eric; Law re- riee
Thursday, Qctober 1,0, 2013
To, r Thomas;Lawson
Candice ,Rerkins;'Thbrnas� "L " "awso'n John Riley
=Subject:, Re;- Heritage•Commonss
Hi' Ty:: We Will ,aecept ubrrii'ssion of the -- apphcadon wifhout-the •three preciously "identified review agency
,
comments;; When you.subm&the application please provide-the appl'icat'o6-fee: as, well as documentation;from
f P P i_Y are. Paid to :date..
d the.Treasurer s Office that all. ro ert•, taxes a
Please.do continue °to .pur'sue those outstanding agency corninents so:'that ,th'e Planning, Coirimssion aril Board,
maybenefit from. theirnput:.durin'g •their respective hearings on this application. •
•` Thanks
,. , ,. ;, ° Erie ' " •
Sent ,from, iPlone;
On Qct 1 "0 20,1,3,, :at 4:3:2 PM; "Thomas L' aw`son" <tl'awsonlsplccom> wrotet "
As, ;afollow -up to my two prior.emails we are now attoctober 10�-" and •I :still have: not;received:' all agency
comments,: Your: pnor.email advised that the deadline to file this rezoning is fomorrow: I would request_
th,af we be'•allowed to.go•ahead `and file: it and,, to the extent we receive comments that warrant a
response after we. file, ,we will address `them atethat ti=me:
Thank you Ior`your anticipated assistance and coop_etation:.
Thomas'Mbore Lawson, ,Esquire;
• Lawson sand Sile.k PI.C':
Winchester VA 22604.
Phone 540- 665 -0050
Fax 540 722 4051'
'E= mail:tlawson(a�lsplccom, 1 ..
L ..
T.he informatiori containedrrn this message Is information intended : only -for the.use offithe individual or. entity named atic.
anci_ may be attorney__ /,cI- pnvileged,and confidential. If the reader of this:messagp; is; not the intended recipient, you ar
,hereby n_oi ibd;'that anydissemination, distribution -or cop.y,,.ing.of•, this, communication, is strictlyprohibited. If °you'haVe
received this communica tion in error, please immediately notify us by telephonegand return the origin. °al message.fo us's,
� the?above;,address.•Thankyou. �.'
i
1
Candice :Perkins
From:- Candice, Perkins .
Sent: Friday,, October 94; 201;3 11;33` AM
To! Ty Lawson
Cc: ` Eric Lawrence; John Riley
Subject: RE: Heritage.Commons,
The 'submission date for the October,16t" Planning,`Commission meeting was.September.20t "., We have already sent out
the.agenda for�the meeting and the legal advertisements for pubiic;heari'ngs started running on the.2 "d_ The.next
deadfine, isjor the November 0 " Planniing".Cornmission meeting., In fegards'to. the agencies you haven't received
comments.from;'l recommend contacting them directly'to request they issu'o their comments, by the filing' deadline. I
believe:that'FCPS issued their comment earlier today.
Candice Perkins, AICP
'Senior Planner
Frederick County..Department of
Planning & Development
1.017 North Kent'Street
Winchester, Virginia 22601
(840) 665` -5651
(540) 665 -6395' (fax)
cper.kin's @fcva:us,
www.fcva.us
From: Ty Lawson [mailtotlawson @Isplc:com]
' Sent: Friday, October 04; 2013 10:;00 AM
To: Candice Perkins
` Cc: -Eric Lawrence; Joh•h Riley
Subject: RE: Heritage Commons
' Thank you foryour e -mail. I was under;the impression that we were shooting for-an October 16 Planning Commission. A
submittal date of the 11th does not seem to allow sufficient time for•that hearing. What ;Planning Commission hearing are
you now targeting?
means After all, 1•am waiting for the. agencies to resp q eyed to every what that
y- happy ,utilize the- ,next'week to otnd tohrneeThe requestsSw,ere!handndel v re exactly agency with
Secondl I will be ha to g,
the exception of VDOT (we Fed Ex 'd next.Aay delivery to VDOT) and we, have followed up with reminders to ,the
agencies., What more would you suggest we do to: collect these; comments?
In "the interim, and:sowe.do not losevaluable#ime, I ask ihat.we:be allowed to file this °rezoning application and back fill
I with comments a& they come in: If you have any other ideas, please let me know..
Thanks for you r.assistance and cooperation.
I' Ty
? From Candice Perkins [mai Ito: eperkinsCafcyams]
Sent' Friday, October 04; 2013 9:11 AM
i To: Thomas Lawson
i Cc: Eric. La
Subject. „RE, Heritage,Commoris
The next, rezoning submission deadline is October 11th, please.utilizesthe next week to gather the remaining items
necessary to submit the rezoning package.,
'Thank you,
J
Candice Perkins, A'ICP
Senior Planner
Frederick °County: Departmentof
Planning & Development.
107 North Kent Street
Winchester, Virgi'nia22601
(540) 665 -5651
i (540) 665 -6395 (fax)
werkins@:fcva.us
www.fcva.us
From: Thomas, Lawson [mailtoalawsoriOlsple.com]
Sent: Thursday, October 03, 2013 3:42 PM
To: Candice Perkins; Eric Lawrence
Cc: John Riley
Subject: Heritage Commons
Please see the attached correspondence:
i
i
Thankyou.
Thomas Moore Lawson, Esquire
j Lawson and Slek, R.L.C.
P.O. Box 2740
. Winchester-; VA 22604
i P- hone.: 54:0 - 665 -0050
Fax-- 540-722-4051
1 E -mail: tlawsonglsplc.com
i
i
The information contained in this message is information iiitended'only_ for the use of the, individual or entity
r named above„ and maybe attorney /6fient privileged and confidential:- If-the reader of 'this message is not the
intended Ii
communication ns,strictl re roh bited If you have recde ved this communication distribution, or copying of this
recipient,
p cation in error, please umriediately
notify us by ,telephone and' return the, original message to us at:the 'above address. Thank you..
I .
a
I
i
.i
i
2
T
Candice. Perkins
rror. T Lawson [flawson@ISPICc6m]
..8 Y
Friday, October 04, 201_3 10-00 AM
•
Toni C-6ndice'Perlkins
Eric.,L@Wrehce,- john Riley
Subject: RE: H6rifage.,Commohs.
ti
Thank, you for your - email'. I was under the impression that, we: were shooting . for an,.October.1 16 Planning Commission. -A
submittal date of the 1,1 th does not seem to "allow sufficient time for that hearing. What'Plaflning Commission .hearing are
You n0w'targetiing?
Secondly, I -Will be ;hcappy, to utilize the next week
,to gather the remaining items" but] am not, sure exactly what that
means. After all, I:arrt'wailtind-fortho agencies to respond to me. Th6. requests were hancl�delivehad'to every agency with
the.,excepticin-of VIDOT (we-Fed Ex'd.next day delivery to VIDOT),and'.we have fol.lowed-up with reminders to the
agencies. What snore would you suggest we do, to collect these comments?
In- the,iriterim', and so we do, not, lose valuable time, I a-sk-that We be allowed to,,file fhi-s.,rez-oni*ng'. application .and back fill
with .comments as they come in. If you have any other ideas, please let me kno
'Thanks for your assistance and cooperation.
Ty
From: Candice Perkins [mailtbcperkins(Ocva.us]
Sent: Friday; October 04, 2013 9,.-11,.AM .
To:11fornas Lawson
Cc: Eric,Lawrence
SUbject:.RE:,,,Heritage Commons
Ty,,
The next, rezoning submission deadline' is October 11`h, please, utilize the nexuweek to.gather the remaining items
necessar a _age'.
V�to submit the, rezoning,p, ck
Thank you,
Candice Perkin's, AICP
Senior Planner
Frederick County Dep6rtmentof
Plannin4g ye lopment
107 N.Prth,.K.erit Street
Winchester Virg'inia'22601-,
(540) 6655651 -
(540) 665-6395. (fax)
coerkins@fcva.us'
www.fcva.bs'.
From: Thomas Lavyson [h!jiIto-tIawson@)IspI(
Sent: L ThbrsdaV, October 03, 20133 -42. _PM
To: Candite'Perkiris! Eric; Lawrence
Cc:, John.RJIey
$fibj64#:_ Heritage C6mmo,ns
Pl,eas.e, sere the attached correspoQclence.
1
Thank yon.
=Thomas Moore Lawson, Esquire
Lawson and Siek, P.L.C.
P.O. Box 2740
_Winchester, VA 22604
Phone 540- 665 -0050
Fax: 540-722-405.1
E -mail: t!aWson@lsple.com
The information contained in this message.is information intended only for the use of the, individual or entity
named above, and maybe, attorney, /client privileged and confidential. If'the reader of this message is not the
intended recipient, you are hereby notified .that any dissemination, distribution, or copying of this
communication is,strictly prohibited. If 'you have received this communication in error, please immediately
notify us by telephone and return the, original message to us, at the above address. Thank you.
2
a.
Candice Perkins
From; Candice. Perkins
-tent - Friday Ocfober,,04„ 20,1.31011-AM
To : P oiY,iasLawson
Cc Eric.Lawrence
Subject: RE' Heritage`C immons
Ty,.
The. next rezoningT`submissiom deadline;is'October 11`h, please. utilize the nextFweek`to; gat . her the remaining items
necessary io submit the.rezoriing'oackage'. .
Candice Peikins;:AICP' .
s ,,Senibr,Mahn&
Frederick County (iepa'rtmeni :of'
Planning, &.Develop'ment
107' North Kent Street
Winchester, Virginia 22601
(540)!665' 6395 (fax),
cp&kihwcva:us.
ww.w.fcva:us
_ From: Thomas' Lawson, [mailtoflawson(&lsplecom]
Sent: Thursday, October 03, 2013 3:42 PM
Candice Perkins;, Eric�_Lawrence-
Cc:i Jo6h Riley
Subject: Heritage: Commons
Please see the _attached correspondence:_
'Thank you.
ThomasMoore Lawson, Esquire
Lawson and Silek, P.L.C.
Winchester, VA 226004
Phone 54,0- 665 =0050
dx; 546- 122.4051
E= mail`: 'tlaws6nna , splc corn:
The. information contained in g
•,this,messa e'4S in_fonnation. ntended,only,for�therug of4the.indi�idual or,erit ty
named above; and mFay 'be'aftorney /chent'pnvil`eged and eonf'dential, If the reader of this message is not °the;
intended recipient, you are hereby notified #hat any dissemination, distnbufion or�copying of this
communication, is strictlyprohibrted. If you have received this commumcation in error, please, immediately
notify us Eby telephone'. and return the original message to use at_ ;the above address. Thank you.
1
LA- WSON AND S "ILEK, P;L.C.
120`EXETEWDRIVE SUITE ZOO'
_ -POST OFFICE BOX'J740
WINCHESTER, "A i4O4> '
TELEPHONE: (540)66$ 0050; .
ACSIMILE ($49).722-4051. ` THOMAS MOORS °L'AWSON O ^'TLAAVSONO,'LSPLcicomI.
4 October 3, 2013
'Eric R. Lawrence, AICP, Director
Candice Perkins, AICR, Serior,,Planner
Frederick County :Department °of Planning:.& Development.
`
107N Street;
Winchester; VA 22601 "
Re; Proposed Rezoning cf Heritage Commons'Project
(f/.k/a'Russell f$- O)'
OufTile No: 05,0.'00.,_V
VIA E =MAIL
Dear Candice'and Eric'
We have received all of the agency review ,comments back .for the above - referenced
rezoml g with the exception, of�ihe'following the City of Winchester, Millwood .Fire, Station; "the
1 Supermtend`erit of'Publi& Schools and''the? Airport: UVe ar`e ready to :;file .ti e rezoning application.
at this time. So we ,do note lose our schedule, please let me. know if we may go ahead and,file, the
f
t application ;now. with the; comments 'we' have .received and supplement. once we, receive
comments from the'remaining agencies
lT_ hank you for: your continued'assistarice and" cooperation I'_look;forward to Bearing from
You'
Very my yo '
Th 2I ad�so
TNIL �k
•• cc� R:150 SPE, LI'C'
John R.; Riley; Jr., Frederick, County Adininistrator
aw
;M E, M O R A N D U _M,
TO:: Eric R. Lawrer ee, AICP, Director
Candice Perkins; AIC'P, Senior Planner.
.-Frederick County Department of Planning &;Development:.
FRO -M 'Thomas'Moore Lawson, Esquire
DATE:; November 5,2Q;14
RE:1 Heritage Commons,
Enclosed 'please: find the signed revised proffers for the. Heritage Commons rezoning.
Also; enclosed please find a di'scl with our presentation for the Planning. Commission meeting this.
evening.
FREDERI std Ct0UNTY
;PLANNING AND- DEVELOPMENT
- il
LAWSON AND SILEK, P.L.C.
120 EXETER DRIVE, SUITE'200
POST OFFICE BOX 2740
WINCHESTER, VA 22604
TELEPHONE: (540) 665 -0050
FACSIMILE: (540) 722 -4051 THOMAS MOORE LAWSON • TLAWSONQ,)LSPLC.COM
December 1,;201;4,
Eric R. Lawrence, AICP, Director
Candice Perkins, AICP, Senior Planner
County of Frederick
Department of Planning & Development
07 N". Kent.Streef
Winchester, VA 22601 '
Re: Heritage Commons Rezoning Application
Our File No. 1050.001
'VIA HAND- DELIVERY
Dear Candice and Eric:
As a follow -up to my e -mail of November 26, 2014, enclosed please .find the .original
.proffers forHeri_tage Commons. As you know, this, current. version was also hand delivered to
members of "the Board of Supervisors.
Thank you: for your assistance and cooperation. If you have any questions or comments,
please contact me immediately.
u _ Vii/
Thoml. Lawson
TML:atd
Enclosures'
CC.! R 150 SPE, LLC '—
Heritage Commons, LLC` "QD -
RECEIVED BY: SEC 1 "2014
(Seal)
(Date) FREDLNiC;K COUNTY
PLANNING AND DEVELOPMENT
FRONT ROYAL ADDRESS: 'P.O. BOX 602, FRONT ROYAL, VIRCO4IA 22630, TELEPHONE: (540)635 -9415 • FACSIMILE: (540)635 - 9421.. �$ -MAIL: JSILEKQLAWSONANDSILEXCOM' -
I1 ��
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4
nd Development
e p artme
D nt of Planning. a
-- 540/665 -5651
„e _ FAXr540/665 =6395.
NOTIFLCATION OF 'PUBLIC HEARING'',
Novemb`er 26; 201`4 -
TO THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S)
- RE; REZONING A'PPLIC <AT,ION #02 -14 FQR.HERITAGE COMMONS, L' LC
Oii be'half of the,Frederick County- Board,of Superyisors; you,a-re.hereby notified of a pul, he
being held on Wednesday, December LO,'2014,;at 7:00 p:m.'in the Board Room of the, Frederick .
County Administration Building at 107 `North. Kent' Street; Winchester; Virginia to .consider the
following application.;` -
= Rezoning #02 -14 HERITAGE - COMMONS, LLC,.submitted by Lawson& Silek; PIG— to.rezone
: : --
96.28 + / =. acres, from 'B2 (B,usiness General) D strict:to R4 (Residential Planned Community) District,,
54 +/ acres from RP (Residential Performance) Districfto R4 (Resid'ential Planned'Conimunity) District
v
and .31 +/' acres'from`the RA. Rural Areas Districtto the R4. Residential Planned
( Cornmunity)District
with ' o -
ffers' The properties are 'located west of the, intersection & Front Royal Pike. (Route -522) and
Air' ort:Road (Route `6.45)`And are'identifie 'by the Property Identification Numbers 63'-A4,50,64-A-.10,
and 64 -A-12 'in `the -Shawnee ;Magisterial District.
A copy, of the; application.will be available for revrew,at the Handley Library,
the Bowman Library
the week of the meeting, or at`the Department of P,lanningtand Development located.at.:107 North Kent
- Street in Winchester, Virginia; qr by calling (5:40) 665-5651. You, can also visit us on 'the, e web at-.
www.co.freder ck Va:'us
F- Sincerely;
_ Candice E.. Perkins AI
Senior. Planner
CEP /pd
107 North Kent Street, Suite 202 r• Winchester, Virginia 2260,1- 5000 "
COUNTY of
Department of `Planning and DevOoptn I e . n't
5401665-5651
FAX: 540/665-63.95
NOTIFICATION OF PUBLIC HEARING
November 26., 2014
TO': THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE.: REZONING APPLICATION #02-14 FOR HERITAGE' COMMONS, LLC
On behalf of the, Frederick County Board of Supervisors, you are h_ ereby notified of a public 'hearing
being held on Wednesday,; - December 10; 2014, at 7-.,00.,p.m. in the. Board Room of the Frederick
County Administration Building_ gat 107 North. Kent Street;. Winchester; Virginia nia to consider the
following application:
Rezoning #02-14 HERITAGE COMM"$, LUC, submitted byLawson & Silek-,,P.L.C. to,rezone
96.28+/-' acres from 92 (�usiness General District to P,4 Residential Planned Community) District,
acres m Residential Perform District.to R4�(Residential'Planned Community) District
54+/� acre from RP (R.
and .3 !+/:- acres from the RA (kural.Areas.) District b the R4 (Residential Planned Community).Distr6c.t
with prioffers. The propertie's are located - West of the intersection of Front Royal Pike (Route 522) and
Airp d t -Property IdOnti&ation Numbers 63-A-1 50,64-A-10,
ort-Roa, (Route 645) and,�te:ide.n.iffed.by the
and 64 -A -12 in the Shawnee hawilee Md'j stirial District.
gi e
A coPY of the application Will be availdble,for review at the Handley Library and the Bowman Library
the week of the.meeting, qfdrihe'Vepattinent of Planning and Development located at 107 Notih Kent
Street in Wihcfiester'Virginia, , or by calling (540) 665 -5651: You, can also visit us oil the Web. at:
wwwwo,fredorick-.va-.us:
Sincerely,
Candice ,E �l
, , E., Perkins Al
Senior Planner
CEP/pd
107 North Kent Street, `Suite 202 • Winchester, 'Virginia.2260 - .1-5000
This is to certify that the attached correspondence was mailed to the following on
from the Department of Planning and;Development, Frederick
Couniy, Vir hinia- A 11-
63 - A- - 150 -
.
R 150 SPE'LLC
621 E PRATT ST STE 600
NOTARY PUBLIC
BALTIMORE MO ,2,1202
-3147
10-
\
I
R 150 SPE LLC
621 E PRATT ST STE 600
BALTIMORE MO
21202.3147
64 - A- - 12-
R 150 SPE LLC
621 E PRATT ST STE 6.100
BALTIMORE MD '
21202,3147
63 A- - 123 -A
EFG INVESTMENTS LLC
340 W PARKINS MILL RD
WINCHESTER VA
22602.4735
64 - A- 1. 9-
FLG RESIDUAL TRUST PROPERTIES LLC
PO BOX 888
WINCHESTER VA
22604.0888
64 - A- � 10 -A `
CALVARY CHURCH OF THE BRETHREN
CIO. RICHARD E.KELLER .
578TRONT ROYAL PIKE
WINCHESTER.VA
22602.7316
64 -
BELT ARTHUR A
BELT•JUANITA S
- 20.1 .FRONT DR " .
WINCHESTER VA 22602-4383
64 - A- - 14-
SHEPARD MICHAEL S
SHEPARD CHERYL,
179 GEORGE OR
WINCHESTER VA 22602.4619 ._
64 - A 18
MADISON II LLC
'558 BENNYS BEACH RD:
FRONT ROYAL VA 22630
64B - A -4. 91
YOUNG PHILIP T
YOUNG.JUDY LYNN
655 FRONT ROYAL PIKE
WINCHESTER VA 22602.7323
64B - A- - 73-
CALVARY CHURCH OF THE BRETHREN
CIO RICHARD -E KELLER
578 FRONT ROYAL PIKE
WINCHESTER VA 22602 -7316
Candice E. Perkins, Senior Planner
Frederick County,Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
a Notary Public' in and for the State and County
aforesaid, do hereby certify that.Candice E. Perkins, Senior Planner fort e Department of Planning
and Development, whose .name is signed to the .foregoing, dated 11 a (o j I .has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this day-of' fk> 2/�
My commission expires on
MRLA DEFTER
NOTARY PUBLIC
.
REGISTRATION #'354474
FP
MMONWEALTH OF VIRGINIA
-
NOTARY PUBLIC
MYC
OM1011SSION EXP,LRES
OF'CEMBER 31; 2t _
.,
\
I
1 .•X�CF.
0 V-e r.
648 .A 73 -B
FLG RESIDUAL TRUST PROPERT,IE$r I
CAMPFIELD LLC -
PO BOX 888
WINCHESTER VA 22604 0888
648 - A- - 89
DOTSON•SCOTTIE D
371 CHIMNEY CIR
MIDDLETOWN'VA 22645.2,170
64B - A- - 92
CONWAY GENEVE B
CONWAY SHELTON RAY
667 FRONT ROYAL -PIKE
WINCHESTER`VA 22602.M3-
64B - 4. E
HEPNER DANIEL.K
HEPNER ANGELA M
256 DEVLAND DR 22603 3512
WINCHESTER'VA
64B - 4- F . .
I CROSEN TARA M
189 FRONT DR
WINCHESTER VA 2.2602.4382
64B . 4- H
SHANK ROBERT L SR
SHANK PATRICIA A
185 FRONT'DR
WINCHESTER VA 22602. 4382.
64B - 4- 8-
H OTT 'BARBARA ANN ETALS
CIO WAYNE GODLOVE
325'TEVIS ST
WINCHESTER VA 22601
64B 4- - 9 -A
,1 MCFARLAND CHARLES C SR & ELENER L
MCFARLAND CHARLES C JR
116 ROYAL AVE
WINCHESTER VA 22602.7331
64B 4- - 10•A
MCFARLAND, CHARLES C SR.& ELENER L„
MCFARLAND CHARLES C JR
116 ROYAL AVE
WINCHESTER.VA 22602.7331
64B - 4- - 25 -J
MUDD THOMAS S
179 FRONT DR 22602.4382
WINCHESTER VA
64B - 4- - 26-,,
COURTNEY CHARLES A
161 FRONT OR
WINCHESTER VA 22602,:4382
,64B - 4- - ;27=
COURTNEY CHARLES A
y COURTNEY BETTY
161 FRONT DR
WINCHESTER VA ' 22602 438
(a )
64B - 4 8-
COURT CHARLES A
161 FRONT DR
WINCHESTER VA
22602.4382
64B - 4- - 29-
4 '
COURTNEY CHARLES A
161 FRONT OR
WINCHESTER VA
22602.4382
t
64B - 4- - 30-
OATES BONNIE JEAN
MILLER MISTY DAWN
151 FRONT OR
WINCHESTER VA
22602.4382
64B ;"4- 31
OATES BONNIE JEAN
MILLER MISTY' DAWN
151 FRONT DR
- --
'WINCHESTEWVA
22602 4382
64B - 4- - 32-
THE- BRINCEFIELD GROUP LLC
PO BOX 337
i
ASHTON MO
20861.03,37
64B -.4- 3j-
THE BRINCEFIELD GROUP LLC
PO' BOX 337
ASHTON MO
20861.0337
6413 -4- 34-
YOWELL ERIC.P
149 ROYAL AVE
WINCHESTER VA
226027330
64B` - 4= - 35-
YOWELL.ERIC P
149 ROYAL AVE
j
WINCHESTER VA-
22602 -7,330
64B - 4'- - 36-
KELLY JOHN -B JR
=1,
KELLY MARSHA J
137 ROYAL AVE '
WINCHESTER VA
22602.7330 -
6413 - 4- 37
KELLY JOHN B JR
KELLY MARSHA J ,
137 ROYAL AVE
WINCHESTER VA
22602.7330
64B, - 4- - 36-
-�
HOTT CALVIN E 11.
i
HOTT DOROTHY "D'
131 ROYAL AVE
WINCHESTER VA.
22602
64B - 4- - 39-
HOTT CALVIN E II
HOTT DOROTHY D
131 ROYAL AVE
WINCHESTER VA
122602
(a )
i
This is to certify that the attached' correspondence, was inai'led to the following 'on
l I q • from the'Departmentof Planning and Development, Frederick
Cou ty, irginia
64C A 9
WINCHESTER OUTDOOR
64C A 1
355 S POTOMA C ST
GRIM RONALD E
HAGERSTOWN'MD 21740 6032
GRIM MONICA
673 FRONT ROYAL PIKE
LUCAS WILLIAM R
'WINCHESTER VA 22602
LUCAS KRISTA K
646' - A• — 2-
831 FRONT ROYAL PIKE
EMBREE JOSEPH
WINCHESTER VA: 22602 -4421
EMBREE LYNNETTE L
64C - V - 13-
687 FRONT ROYAL PIKE
GIBSON MONTIE.JR
WINCHESTER VA 22602.7323 ,..
B67 FRONT ROYAL PIKE
WINCHESTER VA 22602
EMBREE.JOSEPH
646 - A1 13 -A
EMBREE LY.NNETTE L
GIBSON MONTIE JR
687 FRONT ROYAL PIKE l
I
86T FRONT ROYAL PIKE
WINCHESTER VA 22602.7323
WINCHESTER VA 22602
BARNARD E`DARLENE S-
BARNARD CHARLES M
CORNERSTONE LP LLP
PO BOX 4585
PO BOX 2497•
WINCHESTER VA
WINCHESTER, VA 22604.1697
22604.45B5 j
64C - A- - 7
= WHITACRE ELWOOD H SR
.721 FRONT ROYAL PIKE
WINCHESTER VA
22602.4420
"
Candice E. Perkins, Senior Planner
Frederick County Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
a Notary
Public. in and for- the State and .County
aforesaid; do hereby certifythat:Candice E. Perkins, Senior
.Planner for Ihe Department of Planning
and Development, whose name is signed to the foregoing; dated I • a Cn ;l has,
personally, appeared .before.,me .and acknowledged the same in my State. and County aforesaid.
hand 01>- L�-k-
Given under my this ,day of
1
My commission expires on (- �2�iy� �
)o 11
"
PAMALA DEETER
NOTARY PUBLIC
REGISTRATION k'354474
COMMQNWEALTH OF VIRGINIA
NOTARY PUBLIC_
MY COMMISSION EXPIRES
DE;CEM_BN1'31, 2017
C3�
1
C:OiJNTY of FIZE'DERICK
Department, of Planning sand Development _n
54 1104_ 5651...
n3a _
FAX-540/665 5 .
: ,NOTIFICAT ION OF PUBLIC HEARING
N
00. be"24,20 1'4„ :
Y.
TO.: THE APPLIGANT(S) AND %OR ADJOINING PROPERTY.OV�'WNER(S;)` -
RE:, 02 14 FOR I E.-RITAGE COMMOS, LLC TN I
iOn behalf,' the Frederick County Pl "arming Cornmi'ssion; you are hereby. notified d a,publie hearing .
'Wedne "s di ay,'Noyember,= 5 2014; at ,7:00 p:'m rn the Board Room of'.the Frederick,
County .Admrn _
being held on strat on Buileding: at 107. North:Kent'Street Winchester.'; Vrr&id to consider the
fol_l`owing application:
R`ezonmg #02= '14`HERITAGEfiCOIV MONS,`LLC = subrrii'tted by Laws'or & S`ifek, P,:L.C.46xe2one?
_. _
z 9628 + /= acres;�from $2 (Business General) Drstrrct to:R4 (Residential Planned Community) :Drstrrct)
:.
54 ±/ acres from' RP''Resrdentral Performance Di`strrct fo, R4 Residohtial:Pfanned Comrnunrty, District
and: 31 + /- "acres:fromahe RA,'(Rura_1_ Areas;)' District to the R4 (Residential °Planned'Commumty) District
with prqffers .Th` e pro--e-- rties;are located west of the, i`nterse`ction of Front Royal .Pike (ROute.;522),and
Arrport.Road (Route 645) and "are identified by the Property Identrf cafroriNumbers 63 A =1 �0' 64 A 10 •- -
and64 A -12 rrithe Shawnee,'Magisterial District;;
A copy of the.applrcaton will -.be available for- .review at the 'Handley ";Library 'a -j B'owrnanLrbrary
the week of the:rneeting, or at the Department of'Planri ngand" pe.velo)rment:located,at'1.0.7 North Kent
Street,im Winchester; Virgiia,.or. by >calling ('54`Q),665.5'651. 'You can also -visit uson tlie;web.at`? :
www.cofreder'.ck uaus.
•
r Candice E Perkins AICP r -
S.enio°r Planner :
'CEP/pd
107 North `Kent Street, Suite 202 Winchester, Virginia 22601 °S.00Q
NOTIFICATION OF; PUBLI:C HEARING
October 24, 29"14
TO: THE APPLICANT(S) AND /OR. ADJOINING `PROPERTY Q WNER(S).
RE: REZONING APPLICATION #02 =14 FORIHE'RITAGE CQMMQNS, LL'C
O'n behalf of'the Frederick County Planning Commission, you; are. hereby nodfiecl of a public hearing
being hel'd'' on, Wednesday, November 5 201.4, at 7:00 p -m: in the° Board Room of'the Frederick
County Admmi_stration ,Building at 107 North 'Kent Street; Winc_'hester; Virgi nia. t o consider, the
`following application: -
r
Rezonin #.02 =14 .HERITAGE COMMONS- LLC- a PN
g ubrnrtted by, Lawson 8c �Si]ek, Inc., to rezone
96.28 + / acres from B2 (Business General),District to ,R4 (Residenti'al Planned. Comm pity), District r
5.4 ±/= acres' from. RP (Residential:Pe "rforinance,) Diktr'ict to R4 �(Resideintial':Planned Community) -Ck.
District and ,3:1 + / -acres fromthe `RA (Rural Areas) District to the 94 (Residential P11 nned Community)
District with'proffers. The properties areaoeated west;of'the intersection,of Front Royal Pike, (Route
522) and Airport Road•., oute, 645) and -are ident fied$b , the. Property 'Identification Numbers` 63 - -A-
150;64-A- I 0, and ,64- -A 12 in the Shawnee Magisterial, District..
A copy of the application will bce a- vailabletfor review at the Handle_ Library and the Bowman Library
the 'week;of the ~meeting; or- at;the Department;of Planning and.D`evelo.pment,located at 107 Nortli,Kent
Street,in Winchester, Virginia, or by calling (540) 665 - 56511., You. cam also:v s tus on:the web .at:
www.co.,fiederck va;us.
Sincerely;
Candice E: Perkins AICP.
Senior Planner
CEP /pd,
fr
..
NOTIFICATION OF; PUBLI:C HEARING
October 24, 29"14
TO: THE APPLICANT(S) AND /OR. ADJOINING `PROPERTY Q WNER(S).
RE: REZONING APPLICATION #02 =14 FORIHE'RITAGE CQMMQNS, LL'C
O'n behalf of'the Frederick County Planning Commission, you; are. hereby nodfiecl of a public hearing
being hel'd'' on, Wednesday, November 5 201.4, at 7:00 p -m: in the° Board Room of'the Frederick
County Admmi_stration ,Building at 107 North 'Kent Street; Winc_'hester; Virgi nia. t o consider, the
`following application: -
r
Rezonin #.02 =14 .HERITAGE COMMONS- LLC- a PN
g ubrnrtted by, Lawson 8c �Si]ek, Inc., to rezone
96.28 + / acres from B2 (Business General),District to ,R4 (Residenti'al Planned. Comm pity), District r
5.4 ±/= acres' from. RP (Residential:Pe "rforinance,) Diktr'ict to R4 �(Resideintial':Planned Community) -Ck.
District and ,3:1 + / -acres fromthe `RA (Rural Areas) District to the 94 (Residential P11 nned Community)
District with'proffers. The properties areaoeated west;of'the intersection,of Front Royal Pike, (Route
522) and Airport Road•., oute, 645) and -are ident fied$b , the. Property 'Identification Numbers` 63 - -A-
150;64-A- I 0, and ,64- -A 12 in the Shawnee Magisterial, District..
A copy of the application will bce a- vailabletfor review at the Handle_ Library and the Bowman Library
the 'week;of the ~meeting; or- at;the Department;of Planning and.D`evelo.pment,located at 107 Nortli,Kent
Street,in Winchester, Virginia, or by calling (540) 665 - 56511., You. cam also:v s tus on:the web .at:
www.co.,fiederck va;us.
Sincerely;
Candice E: Perkins AICP.
Senior Planner
CEP /pd,
i
0
This is '1 certify that the attached correspondence was mailed to the following on
f d �L from the,Department.of Planning and Development, Frederick
Cou ty, Virginia :
64 -A- - 11--'
63 - A- ' 150-
6 150 SPE.LLC
621 E PRATT ST STE 600
BALTIMORE MD 21202.3147
64' -.,A- - 10
R 150 SPE LLC
621 E PRATT ST STE 600
- BALTIMORE MO 21202,3147
64 - A- - 12
R 150 SPE LLC
621 E PRATT ST STE 600
BALTIMORE MD '21202.3147
63 - A - 123 -A
EFG INVESTMENTS,LLC
340 W PARKINS MILL RD
WINCHESTER VA 22602 -4735
64 - A- - '9-
FLGRESIDUAL TRUST PROPERTIES LLC
PO BOX 888
WINCHESTER'VA, 12604 -0888
64 - A- 10 -A
CALVARY CHURCH OF THE BRETHREN
C/0 RICHARD E KELLER
578 FRONT ROYAL PIKE
-WINCHESTER VA 22602 7316
BELT ARTHUR `A
'BELT JUANITA S
201 FRONT OR
WINCHESTER VA 22602.4383
64 A- - 1,4-
SHEPARD MICHAEL S
SHEPARD CHERYL
1.79.GEORGE OR
WINCHESTER'VA 22602 -4619
64 - A- - 1.81 .
MADISON II LLC
558 BENNYS BEACH -RD
FRONT ROYAL'VA 22630
64B -A-4- 91-
YOUNG PHILIP`T
YOUNG JUDY LYNN
655 FRONT ROYAL PIKE
WINCHESTER VA '22602.7323
64B - A- 73-
i CALVARY CHURCHOF'THE BRETHREN
CIO RICHARD E KELLER
578 FRONT ROYAL PIKE
WINCHESTER VA 22602. 7.316
JCandice E. Perkins, Senior Planner
Frederick County Planning Dept. -
STATE OVVIRGINIA
COUNTY OF. FREDERICK
a Notary Public in and for the State and County
aforesaid, do hereby certify that Candice E. Perkins, Senior. Planner'for the Department of Planning
and Development, whose name is signed to the foregoing, dated J y IQ gllc/ , has
personally appeared before me-and acknowledged the same in my State and County aforesaid.-
Given under my hand this. 1�? 7 day of Ccsto- r� C�? ovv.
M commission expire s on CJ Z �I °� 0 � �
Y
PAMALA DEETE NOTARY PUBLIC.
NOTARY'PU130C -
RE6ISTRATION # 354474
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES,
DECEMBER 31, 2017 10
Uv er
-
64B - 29-
COU4WY'CHARLES A
64B - A- - 13 -B
FL`G RESIDUAL TRUST PROP CI
CAMPFIELD L"LC
161 FRONT DR _
PO BOX 8881 I
WINCHESTER,VA 22602.4382
WINCHESTER,VA 22604..mO888'
` "
64B - 4.' - 30-
64B A 89
GATES BONNIE JEAN
DOTSON'SCOTTIE,D'
MILLER MISTY DAWN =
371 CHIMNEYCIR'
151,FRONT DR
MIDDL•ETOWN VA 2264521,70,
WINCHESTER VA 22602 -4382.
64B A' 92
6413%4—
CONWAY GENEVE B >
OA TES BONNIE JEAN
CONWAY SHELTON RAY'
MILLER MISTY DAWN -
667 FRONT ROYAL PIKE
15 :1 FRONT DR
WINCHESTER VA- 2260277,.3213'-. „
WINCHESTERVA 22602.4382
64B -4- - E.
64B'; - 4- :, -32`.
HEPNER DANIEL K m
THE-BRINCEFIELOGROUP LLC.
' HEPNER ANGELA,M
PO BOX 337, -
256 DEVLAND DR,
t
ASHTON MO 20861-0137
WINCHESTER "VA: 226013512
64B 4 H
64B, - 47 .337
THE'BRINCEFIELD'GROUP LLC
SHANK ROBERT L SR'-
PO BOX 337-
.. a K:.PAT RICIA A'
SHAN
'
"-
ASHTON MD 20861 -0337
18.5 FR'ONT`DR
WINCHESTER VA. 22602 -4382
6413'• 4- —34
-- 646'7-4- '8- ..
Y.OWELL ERIC;,P^
"
HOTT BARBARA ANN.ETALS ;
149 ROYAL AVE -
CIO WAYNE GOOLOVE
WINCHESTER =VA 22602.7330
325 TEVIS'ST
�
'6413 - 4- - 35,
YOWELL ERIC P
WINCHE S TER 'VA 260 =1'
-
149ROYALAVE
646 =•4 9 A
WINCHESTER VA 22602= 7330':
MCFARLAND CHARLES C SR & ELENER L,�
64B 4 36.
MCFARL'AND,,CHARLES C ill
KELLY JOHN B JR
itAI YAL AVE .. `.
'KELLY MARSHA.J
WINCHESTER VA. 122602 -7331 • ;; ;
137 ROYAL AVE
;64B = 4L: 10 A % '..
WINCHESTER VA: 22602.7330
MCFARLAND CHARLES CeSR & ELENER'L
6413 :4 37
MCFARLAND CHARLES CAR
KELLY JOHN B JR .
116 ROYAL AVE
KELLY MARSHA.J
WINCHESTER VA 22602 =7331
131 ROYAL AVE '
64B -:4 25 J
WINCHESTER'VA 2260241330
THOMAS: S S .. ' . '
M9
6413 -;4, .. 38
R DR
HOTT`CALVIN Ell
° WINCHESTER VA 22602.43.82
HOTT DOROTHY':D
i_
64B - 4� - 26 -
131, ROYAL AVE
-.COURTNEY CHARLES A
161 FRONT DR
WINCHESTER VA
WINCHESTER, VA 22602.4382
-4 , ?,
64B 39
HOTT CALVIN E II
6413" 4-, 27
`
COURTNEY CHARLES,A, .
H OTT DOROTHY D
COURTNEY BETTY
131 ROYAL.AVE
16:1 FRONT DR
WINCHESTER VA 22602
.
WINCH—ESTER-VA 22602.4382
64C
.
GRIM RONALD E
6413 4 28
GRIM MONICA
A`, •.- -
673' FRONT`ROYAL PIKE
161�FRONTDRARLES
WINCHESTER VA 226024382'
WINCHESTER VA 22602
64C' - A- 2-
EMBREE JOSEPH
. EMBREE°LYNNETTE -L
687 FRONT ROYAL PIKE
WINCHESTER`VA 22602.7323
This is to, certify that the attached correspondence. was mailed to the following on
ref from the Department of Planning:and'Development, Frederick
Co ,ginia 64C - A- 13 -A
64C -V - 3- GIBSON MONTIE JR
67 FRONT ROYAL PIKE'
I EMBREE JOSEPH
8
" EMBREE CYNNETTE L
687 FRONT ROYAL PIKE
WINCHESTER.VA .22602
�
64C - 1- • 15- _ ,
WINCHESTER VA 22602.7323
CORNERSTONE LP LLP
64C A 4-
PO BOX 2492
BARNARD EDARLENE S
WINCHESTER VA 22604.1697
BARNARD CHARLES M
' PO BOX 4585
WINCHESTER VA
22604 -4585'
64C - A- - 7
WHITACRE ELWOOD H SR
721 FRONT ROYAL PIKE
WINCHESTER VA
22602 -4420 j
'64C - A= - '9 I
WINCHESTER OUTDOOR
355 S POTOMAC ST .
HAGERSTOWN MD 21740.6032
11-
LUCAS WILLIAM R
LUCAS KRISTA K
831 FRONT ROYAL PIKE
r WINCHESTER-VA 22602.4421
64C - A, - 13 1
GIBSON MONTIE JR
.J 867 FRONT ROYAL PIKE
WINCHESTER VA 22602
Candice E.. Per ins, r Planner
Frederick County Planning Dept.
STATE OF VIRGINIA
COUNT- OF FREDERICK
, a Notary, .Public in and for the State and County
afore "said; ;do hereby certrfy:tfiat Candice E. Perkins, Senior Planner for the'D. partment'of Planning
and Development, whose" name is. signed to• the foregoing, dated is a 4.� I , has
personally appeared before: me: and; acknowledged the same in my State and- County
'aforesad.
Given, under my hand this a,y4 day of 4(%-QA a �J °l
My commission expires on p 1.� ,3
PA`MALA DEETER NOTARY PUBLIC
NOTARY PUBLIC
REGISTRATION H 354474
CO:NIMONWfALTH OF VIRGINIA
N1Y.,COMMISSION. EXPIRES
DECEMiBE,R,31, 2017 ,
O
41GK k c�G!y. -
4W
. _ - GOUNT Y of FREDERICK
fylW'/ Departrrierit of Planning; and :Development
-540[,605:,5651
1738 - - - FAX:' 540/645- -6395 -
ADVERTISE'MENT'u LEGAL.AD .
` 'To W inche s Star Advertising; Department
FOR PUBLICATION;; Wednesday, October 1; :20,14; rand Wednesday;' October, 8, 20't4
TYPE OF AD: Legal. Ad
DATE: September26, 20:1:4,
s c" 4co,
N,03TICE. OU UBLIC HEARING-
4`
The public
Feder r Commission, v 'hold hearing
on W,,ednesday,, O tobe-2014 a 7 00p m ,-in he B ard Roorn of the
e
Freder;ck• County Administration Building, at 1:07 North Kent. Street;
Winchester; Virginia; to.consi'derthe following:
PUBLIC HEARING
R_ezonmg 02 -14 Heritage Comm °ons; LL C., submitted by Lawson and Srl'ek, P.L.C., to rezone 96.28 + /=
acres, from BS (Business G:erieral),'District, to R4 "(Residential. Planned Community) .D`istrict`and 5,4+/-,acres
9. w
from.RP ( Resideential Performance) District;:to R4 (Residential Planned Community) District and :3.1 +/=
acres from ,the RA (Rural Areas)` District to the R4 (Residential T,
janned,Cdffirflunity.)t District, with proffers:
The properties, are located west of t_he intersection of Front- Royal Pike (Route= 522) :and Airport Road '(Route
r _
n645) and, are identified by -the Property Identi`fi`cati`on Numbers, 63 A :150, 64 -A -10, and 64- A -`,12 in the
.'Shawnee, Magisterial District".
Interested citizens may appear, before the Commission to speak on the above item. A co ry. of the agenda
y pp p py
will, be, mailable . at- the Handley Library and •the B:o man Library the week of the meeting. Further
information, "he uding. a copy of the, agenda, may be obtained. at the Department of Planning: and,
Development=; 107 North °Kent Strect, Winchester, - Virginia, or by calling (54.0) 665 = 565;1., You "can ;al'so
visit- us! onthe; web at ywww:fcva:us /PCagendas:
Eric R. Lawrence, AICP, Plammn' g: Director:
i .
1`07 North Kent Street, Suite. 202 Winchester„ Virginia 22601 =5000`
t
-'� � _
k'
.
� � T
1
4
N,O
TICE
:4
PUBLIC HEAR[ NG
The, F_rederi'ck. .County Planning
Cornrnisson will hold, a public hearing
.;on. Vl/ednesday, Dctob,er, 15, 201`4, at
7!00, p m ; i,n We Board Room of the
l= reder�ck :County.Admini traton Building
at 1:07 North. Kent Street, `Win.chester;;
Virginia, to consider the' follo wing,
PUBLIC HEARING
Rezoning #02 -14 ,Heritage CO
`,LL.0 submitted by Lawson and. Silok;
P L C:, 'to 'rezone .96`:28 + /- acres from ;BS
(Bus,ne`ss General) District to R4
(Res'iden;tial Planned Community) District
.and � `54 ±% acres "from RIP - -,(,Residential_°
Perforrnance�) ,District to. R4 (Res'idential:
:Plann:ed Gornmunity) District and , 31 +/-
acres from_ the° RA (Rural° Areas), ,District;
to the , "134 (r ResidOntial Planned
°Community) Distncf with proffers The.
rnes °ar_e 'I,ocate.d west'of the inter-
.)rope
section. of, ` Front 'Ro.yal P.i.ke (Route, 5.22);
=and: Airport° Road (Route 645) and are
:identified- by the Property 4denti #_ cation)
r;Numbers '63- A- 1,50, 64,A 10,, and 64 A
12 in -the Shawnee Magisterial, D:istrict�.
Interested`. citizens may appear before the
Commission to speak on the above 'item
.,
A copy of ,,thTe agenda ,will be �ayailable at
`the ;Handley Library, and the Bowman
Library the', week of ,the m eeting Further
'information, inclu.din a co" of thee.a en=
g pY g . '
ndA, may bwe obtained at the Department of
Planning:, and.,,= Development, 1.07 ,North `
'Kent Street, -Winchester, Virginia, '`or by
calling (640): "665. = 5651, You can also
visit us ,o:n- the web at:
www.:fcua. us/PCo�oendas.
_Eric R..Lawrence, A'LCP, Planning Director
NMI E :OFF
x;
PUBLIC HEARING
Thee road- erick Count Plannin
y g
Coffi is'sion,= will hold a public hearing
on W
ednesday, October 1,5,�2014 fat*. P c e
7:0' m
p in the ;Bo_ard Room of ..ah
0
Frederick County, Administration Bui,lding,
at 1.07 North Kent 'Street,, Winchester;,
Ui 4
cc� .
rg_inJa, °to ,consider the following:
PUB!LI'C 'HEARING
;Rezonin.,g 02.14. Heritage Commons;
1
L.L.-Cl. ,submitted b y Lawson and .Sil:ek,
P L.C., to -rezon;e 96.28 + %= acres from RS
(:Business General) District to. R4
(Residents "aI Planned _Comm' _ -ity)- District
and 54 +/ acres from RP Residential:'
District to
P,erfo�rmancek) ' ,
_R4 (Reside,ntial .
4 Planned Co�rnmunity ') D'is
` tnct; and .31. +/
acres' from tlie; ,RA (Rural Areas) District
.t,h,e R4 ('Residentra,l P1a,nne�d
CommunitV District with proffbrs' Thee
properties .are `located wrest, iof th;e' inte_r-
section .of Front Ro, al Pike Route, 522.,;
y
an`d, Airport Road (Route 64.5) and are
`identified;. by - lh.6c Property Jdentification
N'umb'ers 63 -A =150; _047A anal `;.6'4 =A.
1 2—in "the
Shawnee, Magisterial District':,
Interested otizens r -ay appear befoto fhe`
"Comrn`issio;n to; speak on the, above ite_m_:
,A copy of:the:.agenda will be avail "ableat
the Handley "L'ibrary and the; Bowrnai.
Library, the week of :the meefing. Further
f ,
i:nfb mate, lj, rnoluding a copy Df the ag.en=
da, :may be: obtained �at'the Department of
P arming °and', Development, 107 North-
_ _
Kyent Street, Winchester, Virginia;, ,or --y-
:. c �9 (r �) -
allin 540 665 56'51. You can also
visit° USI I on the, web at:
www fcva.,us /PCagendas,.
En,c :R. LaWrenc -e, `AICP, Planning Director
w
s
o RE
DEPT. OF GEOGRAPMONF'ORMATION SYSTEMS
FREDERICK COUNTY, VIRGINIA
16 "I
DATE RECEIVED:
),COMPLETION DATE:
REQUESTING AQENT`. -1
Department,. Agency, or Company:_
Mailing and/or Billing Address:
Telephony: FAX:
E- mail. Address:
ESTIMATED COST OF PROJECT:
DESCRIPTION OF REQUEST: (Write additional information on back ,of request)
�e.�ZOa�f1� ba -I,y
luc ,ARP �i� �;fa.c3� rn�%►tU(l5 LUC
DIGIT
AL: PAPER: FAX: E= MAIL. °Z
SIZES
COLOR: BLACKfWHITE: NUMBER OF COPIES;
STAFF MEMBER: HOURS REQUIRED:
COMPLETION DATE:
MATERIALS:
DATE OF PICK- UP/DELIVERY;
AMOUNT DUE: AMOUNT PAID:
AMOUNT BILLED; CHECK NON
METHOD OF PAYMENT: .
Frederick County GIS, 107North Kent Street, Winchester, VA,22601, (540)665- 5651)
'N
DEPT. OF GEOGRAPHIC ,INFORMATION SYSTEMS
r FREDERICK COUNTY; VIRGINIA
GIS'
1l7APPING, GRA]PI�ICS
WORK.. QUST
S / y
DATE RECEIVED 8. d
REQUESTED COMPLETION DATE: H
REQUESTING AGENT:_
Department, Pgency , or gom P any
-
Mailin g and/or Billie
Address:" .
Telephony:: FAX:
E -mail Address:
ESTIMATED COST OF PROJECT:
DESCRIPTION OF REQUEST: (Write additional' information on back of request)'
LL(,
DIGITAL: 6 PAPER: FAX: E- MAIL-: bey - iA
SIZES: -
COLOR: BLACK/WHITE: NUMBER OF "COP.IES:_
STAFF MEMBER: HOB REQUIRED:
COMPLETION DATE:
MATERIALS:
DATE OF PICK- UP%DELIVERY:
AMOUNT DUE: AMOUNT PAID
"
AMOUNT BILLED:-
METHOD OF PAYMENT:- CHECK NO.# .
Frederick County. GIS, 107 North Kent Street; Winchester, VA'22604. (540)665 -5651)