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Home My WebLink About03-05 CommentsWILBUR C. HALL (1892 -1972) THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE 0. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. Mr. Michael T. Ruddy, AICP, Deputy Director Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Dear Mike: HALL, MONAHAN, ENGLE, MAHAN MITC A PARTNERSHIP OF PROFESSIONAL CORPORATONS I a 7 EAST MARKET STREET LEESBURG, VIRGINIA TELEPHONE 703.777.1050 ATTORNEYS AT LAW November 23, 2004 9 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540-662 -3200 FAX 540-662 4304 E lawyers @haltmonahan.com ECEOVE NOV 2 4 2004 FREDERICK COUNTY PLANNING DEVELOPMENT PLEASE REPLY TO: R 0. Box 848 WINCHESTER, VIRGINIA 22604-0848 HAND DELIVERED Re: North Stephenson, Inc. (Stephenson Village) Proposed Proffer Statement 1 have reviewed the above referenced Proposed Proffer Statement. It is my opinion that the Proposed Proffer Statement is in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following: 1. I would suggest, for uniformity and easy reference purposes, that the document be titled "Proposed Proffer Statement" and the details of the zoning, owners, property, etc., be summarized at the beginning (see the Haggerty Property Proposed Proffer Statement for the form). 2. Proffers 1 (b), (c), (d), (e), and (g) should each state specifically when the proferred improvement will be done; for example, 1 (b) may provide that the improvements will be made within thirty (30) days of written request by VDOT. 3. Proffers 1(0 and (g) provide that certain things will be done "by parties other than the property owners." First of all, who are the "property owners If it is the Applicant, it should say "the Mr. Michael T. Ruddy Frederick County Department of Planning and Development Page 2 RTM /glh HALL, MONAHAN, ENGLE, MAHAN MITCHELL Applicant" rather than "the property owners." Also, if these things are not to be done by the Applicant, is it clear or should it state who will do these things? 4. In Proffer 3, the words "and approval" should be added after the word "review" in the last sentence. 5. Proffer 5 should state specifically for what purpose the monetary contribution is to be made, as the County has to account for the expenditure of all proffered monetary contributions. 6. The signature(s) should be for the titled owner of the property. If North Stephenson, Inc. is the titled owner, the signature block should be: North Stephenson, Inc. By: President I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the property, as it is niy understanding that that review will be done by the staff and the Planning Commission. If there are any questions concerning the foregoing, please contact nte. dy yours, Rob rt T. Mitchell Virginia Department of Transportation Comments: wee attached letter from vuu i to vreenway Engmeenng dates! February 8, 2005. VDOT Signature &Date: i i .ti r 4. Notice to VDOT Please Return This Form to the Applicant Rezoning Comment Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984 -5600 Applicant: Please out.the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach:a copy, of your application form, location map, proffer statement, impact analysis, and any other pertinent inform ation. Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester VA 22602 Location of property: The 79.13 -acre subject site is located on the east side of Martinsburg Pike (U.S. Route 11 North), approximately 1000 feet north of Interstate 81 Exit 317 in the Stonewall Magisterial District. Current zoning: RA Zoning requested: M1 D l i' T s MAR 3 2005 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, VA 22603 (540) 53501828 FREDERICK COUNTY PLANNING DEVELOPMENT Telephone: 540-662-4185 Acreage: 79.13 Acres Philip A. Shucet COMMISSIONER February 8, 2005 Dear Evan: Mr. Evan Wyatt CIO Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 COMMONWEALTH of VIRGINIA Ref: North Stephenson Rezoning Route 11 Frederick County The documentation within the application to rezone this property appears to have significant measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the North Stephenson Rezoning Application dated November 9, 2004 with proffers dated January 30, 2005 addresses transportation concems associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Sincer$y, i O f 4—it 5.71 elfrisns r fiD E C E 11 W7 E I j Lloyd A. Ingram, Transportation Engine) a MAR 3 2005 i J LAUrf Enclosure Comment Sheet FREDERICK COUNTY to-LADOUrePEVELOPMENT WE KEEP VIRGINIA MOVING DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG. VA 22824 r JERRY A COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984 -5607 I FEB 1 1 2005 Fire Marshal's Comments: .,Q______.,___ c ce c C zLpan G3 c Fire Marshal's Signature Date: Notice to Fire Marshal Please Ret n This Form to the Applicant Rezoning Comments Mail to: Frederick County Fire Marshall Attn: County Planner 107 North Kent Street Winchester, Virginia, 22601 (540) 665-6350 Frederick County Fire Marshal pP Applicant: Please fill out the as accurately as,possrble in order to assist the,' Frederick County Fire Marshall with their review l:Attach a'copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 79.13 -acre subject site is located on the east side of Martinsburg Pike (U.S. Route 11 North), approximately 1000 feet north of Interstate 81 Exit 317 in the Stonewall Magisterial District. Current zoning: RA Zoning requested: M1 Hand deliver to: Frederick County Fire Rescue Dept. Attn: Fire Marshal County Administration Bldg., 1" Floor 107 North Kent Street Winchester, Virginia 11W L' MAR 3 2005 FREDERICK COUNTY PLANNING DEVELOPMENT Telephone: 540- 662 -4185 Acreage: 79.13 Acres NOV 0 9 2004 Control number RZ04 -0016 Project Name North Stephenson Inc. Address 151 Windy Hill Lane Type Application Rezoning Current Zoning RA, RP Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Access Comments Additional Comments No additional comments at this time. FREDERICK COUNTY PLANNING DEVELOPMENT Frederick County Fire and Rescue Department Office of`the Fire Marshal Plan' Review and nment Date received Date reviewed 11/8/2004 11/9/2004 Tax ID Number City Winchester Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Not Identified Roadway /Aisleway Width Adequate Applicant Greenway Engineering Fire District 13 State Zip VA 22602 Emergency Vehicle Access Comments Fire lanes and rnunicipal water supplies shall meat the requirements of Frederick County Code 90 -4 Rescue District 13 Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Date Revised Applicant Phone 540 662 -4185 Election District Stonewall Plan•Approvval Reco eudeil4 r 1 Reviewed By Signature W /1, �i\ Yes I Timothy L. Welsh Title PLAN V tl E Ltl MAR 3 2005 I U I Flfll MARSHAL. FREDERICK COUPdTY c r Ci11\IP n._. L '7�'CA -4 CLac k euo F: F .Sc A CC‘ -o"e ki \t F2:.-c -O 1= &.yc_c;ck cc,._:;,\,_, F,..-___ mF>..0 0 O L..- e ro Fire Rescue Company's Signature Date /l -c— 1-1P- C /i, &I C13 L d i- J//, /VOY Notice to Fire Rescue Company Please Return This For to the Applicant 1 ‘.'-o L L =fli Rezoning Comments Fire and Rescue Company Name of Fire Rescue Company: Address Phone Clearbrook Volunteer Fire Dept Applicant: Please fill out the information as accurately as possible in order to assist the Fire and Rescue Squad with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 540 662 -4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of Property: Current zoning: RA Fire and Rescue Company's Comments: The 79.13 -acre subject site is located on the east side of Martinsburg Pike (U.S. Route North), approximately 1000 feet north of Interstate 81 Exit 317 in the Stonewall Magiste District. Cc: Mike Ruddy, Frederick County Planning Department Zoning requested: M1 Acreage: 79.13 Acres MAR 3 2005 FREDERICK COUNTY PLANNING DEVELOPMENT PO Box 56 Clearbrook, VA 22624 Attn: Chief Tommy Price L1 NOV 1 5 2004 £vCv U/ Department of Public Work's Comments: 'bLSL- t o 4 1 re_ l I Li, A— 1 o ACILA -Burl DuV 9 t& tal 4 �MJ 'i u c v 5-c. fl 1 ""1� ilAt r- X`tlnnt ct Vt4Ove c .j% X J Ve....UvctiJ 1/�1. r MUM k✓ cause- k6 QtAtt 5 I L2 27 a Public Works Signature Date. t 1. Notice to Dept. of Public Works ease Return This Form to the Applicant I C ra n nn iP F Rezoning Comments Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5643 Applicant Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information Applicant' s Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Current zoning: RA Zoning requested: M1 D L� l0 1.5 u v L. I I 1 MAR 3 22r: J FREDERICK COUNTY PLANNING DEVELOPMENT Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg., 4 Floor 107 North Kent Street Winchester, Virginia Telephone: 540- 662 -4185 Location of property: The 79.13 -acre subject site is located on the east side of Martinsburg Pike (U.S. Route 11 North), approximately 1000 feet north of Interstate 81 Exit 317 in the Stonewall Magisterial District. Acreage: 79.13 Acres J DEC 27 7004 Sanitation Authority Comments: No C OA1/ /i/ 7 Sanatation Authority Signature Date: n e, -v-- Notice to Sanitation Authority Please Return This Form to the Applicant Rezoning Comments.' Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia, 22601 (540) 665 -1061 Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenwav Engineering Telephone: 540- 662 -4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 79.13 -acre subject site is located on the east side of Martinsburg Pike (U.S. Route 11 North), approximately 1000 feet north of Interstate 81 Exit 317 in the Stonewall Magisterial District. Current zoning: RA Zoning requested: M1 NOV 0 8 2004 B O 6J Y Frederick County Sanitation Authority Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia OR 3 2005 p CK COUP1iY 1 PLAPJP11tEG O Acreage: 79.13 Acres Fred -Winc Service Authority's Comments: rto corn lat Fred- Winc Service Authority's Signature Date: kit/LA-AA^ kit/LA—A IltiS104 Notice to Fred -Winc Service Authority Please Return This Form to the Applicant Rezoning Comments Mail to: Fred -Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722 -3579 Frederick Winchester Service Authority Hand deliver to: Fred -Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as,accdrately as possible in order to assist the.:, Frederick Winchester Service Authority with their review. Attach a copy of your application form, location map, proffer statement, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 540- 662 -4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 79.13 -acre subject site is located on the east side of Martinsburg Pike (U.S. Route 11 North), approximately 1000 feet north of Interstate 81 Exit 317 in the Stonewall Magisterial District. Current zoning: RA Zoning requested: M1 Acreage: 79.13 Acres JJII D D MAR 3 2005 FREDERICK COUNTY PLANNING DEVELOPMENT OH TT NOV 2 2 7004 Winchester Regional Airport's Comments: CQ Q. 0 AAn c \r e a Winchester Regional Airport's f I Signature Date: V T Notice to Winchester Regional Airport Please Return This Form to the Applicant Rezoning Comments Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 MAR 3 2005 FREDER EVELOPMEN PLANNIN Winchester Regional Airport Applicant: Please fill out the_infoimatioq as accurately as possible' in order to assist the mehester:R Regional onat�Air ort with their Attach a copy ofyour apphcahon form, map, P� y location"ma roffer statement rm act anal sis,'arid any` otherp ertmentinfor►riation:. Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 79.13 -acre subject site is located on the east side of Martinsburg Pike (U.S. Route 11 North), approximately 1000 feet north of Interstate 81 Exit 317 in the Stonewall Magisterial District. Current zoning: RA Zoning requested: M1 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Telephone: 540- 662 -4185 Acreage: 79.13 December 8, 2004 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Comment RA RP to M1 North Stephenson, Incorporated Properties Stonewall Magisterial District Dear Mr. Wyatt: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Thank you for the opportunity to review this request. Sincerely, S. R. Manuel Executive Director WINCHESTER REGIONAL AIRPORT C II L MAR 3 7-% FREDERICK COUNTY PLANNING DEVELOPMENT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 DEC 1 0 2004 J 2 ry By 11/28/2004 17:43 5406656395 TO: EVA N,. w y,k rT COMPANY: Cr2EEN w y FAX (..sue) 722 95.2-5" MAR 3 20M �v E ERE ER p RICY. COUNTY PLANNING DEVELOPMENT FRED CO PLANNING DEP FAX TRANSMISSION From the desk of: /reed PAGE 01/04 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Telephone: 540/665 -5651 FAX: 540 /665 -6395 f Date: //I2// Number of Pages (including cover sheet) Remarks: ?Ro rrr2 RCv(Ew C oM r3 Boa M r TGH A)cntri -1 S7tPH -(tP JScN-1 ,,uc. NOV 2 9 2004 By File #3485 /EAW Review Agency Comments EII VE MAR 3 2005 FREDERICK COUNTY PLANNING DEVELOPMENT