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HomeMy WebLinkAbout10-05 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. Dear Susan: HALL, MONAHAN, ENGLE, MAHAN MI A PARTNERSHIP OF PROFESSIONAL CORPORATIONS I S 7 EAST MARKET STREET LEESBURG, VIRGINIA TELEPHONE 703 -777. 1050 ATTORNEYS AT LAW January 24, 2005 Susan K. Eddy, AICP, Senior Planner Department of Planning and Deveiopnient 107 North Kent Street, Suite 202 Winchester, VA 22601 -5000 9 EAST 9OSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540 3200 FAX 540 4304 E MAIL Iawyors@hallmonahan COT Re: Wakeland Properties Front Royal Pike (Wakeland Manor Land Trust) Proposed Proffer Statement 3414 W E JAN 2 5 2005 FREDEIICFK COUNTY PLANNING DEVELOPMENT PLEASE REPLY TO; P. 0. Box 848 WINCHESTER, VIRGINIA 22604-0848 I 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, and is legally sufficient as a proffer statement, subject to the following: 1. The Rezoning Number should be inserted at the beginning of the Proposed Proffer Statement. 2. The second sentence of the second paragraph, which reads "The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein", should be deleted. The timing of the respective proffers in this Proposed Proffer Statement should be set forth in the individual proffer item. 3. With respect to Proffer, No. I (Land Use), staff should review the permitted uses in the B -2 district to determine whether any other uses should be proffered to be prohibited, given the specific characteristics of this site. HALL, MONAHAN, ENGLE, MAHAN MITCHELL Susan K. Eddy, AICP, Senior Manner January 24, 2005 Page 2 4. In Proffer No. 2.2, the time of the installation of the landscaped corridor buffer should be set forth, and should probably provide that the buffer will be installed prior to the issuance of the first building permit on the site. Also, this proffer should provide for County staff approval of the landscaping design, unless staff feels that existing zoning ordinance landscaping regulations are sufficient to control the design. 5. With respect to Proffer No. 3.1, it would appear that the Applicant may not intend to develop the site under a single site plan, but rather development on the site may be incremental. Therefore, under the proposed proffer, there could be up to 79,000 square feet of floor area in commercial use (excluding mini warehouse /self storage facilities) before a traffic impact analysis (TIA) is required. The County should determine if this is acceptable for this site. If this is acceptable to the County, the proffer should further provide that any road improvements indicated by the TIA shall be made by Applicant, at Applicant's cost, prior to the issuance of an occupancy permit for any floor area in excess of 79,000 square feet. 1 have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific site, as it is my understanding that that review will be done by the staff and the Planning Commission. RTM /ks If there are any questions concerning the foregoing, please contact me. Very truly yours, Virginia Department of Transportation Comments: See attached letter from VDU I to Patton, Ilarns, Rust Associates dated i viay zS, zuC VDOT Signature Date# ,'_L /175/05 i Notice to VDOT Please Return This Form to the Applicant Rezoning Comments Mail to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 Applicant's Name: Mailing Address: Current Zoning: RA Virginia Department of Transportation c/o Christopher Mohn, AICP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 WAKELAND REZONING Hand deliver to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Winchester, VA 22601 t e x n o rgU°fl' informat as accurately astposst m order o assist the a ka i t r reviw. y d E" f your U gima Departrnerit of kTiansportation with their re ACttach thr F co.13 o f yl r A application loeahon tproffer statement impact analysis and any o ther c pertinenttinformat on., Patton Harris Rust Associates Phone: (540) 667 -2139 Location of Property: The properties are located east and adjacent to Front Royal Pike (U.S. Route 522), approximately 280 feet south of the Papermill Road intersection. Zoning Requested: B2 Acreage: 7.26 Acres 5. Philip A. Shucet COMMISSIONER May 25, 2005 COMMONWEALTH of VIRGINIA Mr. Christopher Mohn, AICP C/O Patton, Harris, Rust Associates 117 E. Piccadilly Street Winchester, VA 22601 Dear Chris: Ref: Wakeland Rezoning The documentation within the application to rezone this property appears to have measurable impact on Route 522, Front Royal Pike. 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 Wakeland Properties rezoning application dated April 15, 2005 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the 1.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. Lloyd A. Ingram Transportation Engineer LAI /rf Enclosure Comment Sheet DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA22824 VirginiaDOT.org WE KEEP VIRGINIA MOVING JERRY A. COPP RESIDENT ENGINEER TEL FAX Fire Marshal's Comments: c sa,p c1/4.0..c..1.-\Q f C m MQ.v S).P4 Fire Marshal's Signature Date N- LL-9 "01�/ Notice to Fire Marshal Please turn This Form to the Applicant L, R E CEIVEC DEC O 5 200 4 Rezoning Comments Mail to: Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540) 665-6350 Applicant's Name: Mailing Address: Current Zoning: RA RE Frederick County Fire Marshal ppl cant `P fill"out the info nation as accura et as possible onde to assist t1 Frederic ount Fire Marshal rthihisarevrew Attach aFcopylof your application f proffer „impactanaly_sis,;and„ any ;other pertinentt infor,•mation. Patton Harris Rust Associates c/o C. E. Maddox, Jr., P.E., Sr. VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Location of Property: The properties are located east and adjacent to Front Royal Pike (U.S. Route 522), approximately 280 feet south of the Papermill Road intersection. Zoning Requested: B2 Acreage: 7.26 Acres Lutf Hand deliver to: Frederick Co. Fire Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., 1 Floor 107 N. Kent Street Winchester, VA 22601 WAKELAND REZONING Phone: (540)667 -2139 12 `44 8 ,.,c W Irlrl6I G a #S-sgri %tikEtVitSCUE .VIRGINIA" Control number RZ04 -0019 Project Name Wakeland Properties/Front Royal Pk Address 117 E. Piccadilly Street Type Application Tax ID Number Rezoning 64 -A -29 30 Current Zoning RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Yes Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed 12/612004 12/9/2004 Applicant PHR &A City State Zip Winchester VA 22601 Recommendations Reviewed By Timothy L. Welsh Fire District Rescue District 21 21 Requirements Hydrant Location Fire Lane Required Not Identified No Siamese Location Roadway /Aisleway Width Special Hazards Not Identified Not Identified No Signature Title Date Revised Election District Shawnee Automatic Fire Alarm System Residential Sprinkler System No No Applicant Phone 540 667 -2139 The Proffer Model indicates a $37,571 impact to Fire Rescue. The tax credits that cover this amount go directly to the general fund and are distributed without regard to the impact to fire and rescue services. FIRE MARSHAL, FREDERICK-COUNTY Fire and Rescue Company's Comments a oAei /y ..,t. Ste c /F Ai,. s n /r 7$► WA, n,,,si cAY hr Acad.:. Ay ha 01' Itit4oX ga.. Fire Rescue Company's Signature S 4 Notice to Fire Rescue Company.- PJoo€e Return Form to the Applicant -This 12/07/2004 15:18 Fax 540 662 0820 MILLWOOD STATION zoo' Rezoning Comments Applicant's Name: Mailing Address: Current Zoning: RA Name of Fire Rescue Co. Camparry2l Millwood Station Fire &Rescue Co ATT!V'Fire Chief or Asst. Fire Chief Patton Harris Rust Associates c/o C. E. Maddox Jr. P.E., Sr. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Fire and Rescue Company Location ofProperty: The properties are located east and adjacent to Front Royal Pike Zoning Requested: B -2 Address Phone P.O. Box 303-7 Winchester, Virginia 22604 Ph. 667 -1535 522), approximately 280 feet south of the Papermill Road intersection. WAKELAND REZONING Phone: (540)667 -2139 ((J.S. Route Acreage: 7.26 Acres 18 Department of Public Wo k's Co ments: II 1€\1 1 V(La 1 1 V a11-t� U” CUi� E (CU Y4. -\-0 YcC(-cc Att t lux,. It o JUNkCS_ 0 IV-e._ eA1d 1 moKd YCdltgvlv NA ci4 'cigev kk c�. 21(410 Public Works Signature Date4 t O j Notice to Dept. of Public Wo Please Return This Form to the Applicant Rezoning Comments Mail to: Frederick Co. Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, VA 22601 (540) 665-5643 wApl!c nt" Pleas fi111io o the tnfom ation ass cc" ura'teIy as' possible" m 'order to ass s tl e' f partme Public Wor th`'the reevie A ch a opy offy ouri phc a t� f orm 4locaatlon map;l proffer statement, impactianalysis andtanyi information. Applicant's Name: Mailing Address: Frederick County Department of Public Works Patton Harris Rust Associates c/o C. E. Maddox, Jr., P.E., Sr. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 WAKELAND REZONING Hand deliver to: Frederick Co. Dept. of Public Works Attn: Director of Engineering Co. Administration Bldg., 4` Floor 107 North Kent Street Winchester, VA 22601 Phone: (540)667 -2139 R ECEIVED D`?: 0 3 20p4 pi pR eK COUNTy Location of Property: The properties are located east and adjacent to Front Royal Pike (U.S. Route i aI NSPECTIONS 522), approximately 280 feet south of the Papermill Road intersection. Current Zoning: RA Zoning Requested: B2 Acreage: 7.26 Acres l0 02/22/2005 13:44 d,hri (_5 049 Rezoning Co Applicant's Name: Mailing Address: 5406780682 s Mail to: Frederick Co. Dept. of Inspections Attn: Director of Inspections 107 North Kent Street Winchester, VA 22601 (540) 665 -5650 Location of Property: The properties are located east and adjacent to Front Royal Pike 522), approximately 280 feet south of the Papermill Road intersection. Current Zoning: RA Zoning Requested: B2 Department of Inspections Comments: 4 7 J7Jis 7MF, Inspections Signature Date: Notice to Dept. Frederick County Department of Inspections Patton Harris Rust Associates c/o C. E. Maddox, Jr., P.E., Sr. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 nspections Please Ret PAGE q;/ WAKELAND REZONING Hand deliver to: Frederick Co. Dept. of Inspections Attn: Director of Inspections Co. Administration 131dg., 4 Floor 107 North Kent Street Winchester, VA 22601 Phone: (540)667 -2139 (U.S. Route Acreage: 7.26 Acres A/o (OMMEN T Q5et/;Rr13 i s Form to the Applicant 11 01 Fred -Wine Service Authority's Comments: no con MnaaIS FWSA Signature Date: likM• ift.C 12l s Notice to Fred -Wine Service Authority Please Return This Form to the Applicant Mail to: Fred -Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722 -3579 Rezoning Comments Applicant's Name: Mailing Address: 411 Location of Property: Current Zoning: RA Patton Harris Rust Associates c/o C. E. Maddox, Jr., P.E., Sr. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Zoning Requested: B -2 Frederick Winchester Service Authority, WAKELAND REZONING Hand deliver to: I Fred -Winc Service Authorit Attn: Jesse W. Moffett t'&Z c- 330 ii I 107 North Kent Street i i GINO f1' Winchester, VA 226 c 7 c-� 7 `1 A giant Pleasettfill out the ormahon as accu atelyxr s ossible to order toaT`a'ssis Yl Department.o`fSPub c Works with their iev�ew Attach aeopy of¢your application form tlocation't _di m F z.ey e° f -^n' v e_ r TS3 Lu map, profferstatement, 'mpact,analysis, ailiL pother pertinent information eir a r Nsue+ p..y xNt.t%*!6: C: ex5?' .9a:r' The properties are located east and adjacent to Front Royal Pike (U.S. Route 522), approximately 280 feet south of the Papermill Road intersection. Phone: (540)667 -2139 Acreage: 7.26 Acres 19 Sanitation Authority Comments: 4/( c041.41 tiT Sanitation Authority Signature Date: r/� it12— 740ACC 0 9 Notice to Sanitation Authority Please Return This Form to the Applicant Rezoning Comments Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Applicant's Name: Mailing Address: Current Zoning: RA Frederick County Sanitation Authority Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA T Authorit wit w statement,eimpac their reyie ach' as accurately p o sibl m orde t the S a ni ta t io n ns form, location map „proffer ease ft" the in o atio o yourgappli ation analysis and anyvother Patton Harris Rust Associates c/o C. E. Maddox, Jr. P.E., Sr. VP 117 E. Piccadilly Street, Suite 200 Winchester VA 22601 Location of Property: The properties are located east and adjacent to Front Royal Pike (U.S. Route 522), approximately 280 feet south of the Papermill Road intersection. WAKELAND REZONING Phone: (540)667 -2139 Zoning Requested: B2 Acreage: 7.26 Acres 15 Frederick Winchester Health Department's 7Tj.� 1+-td cwe nun 7-/ Xea //r aty.2cc v /m Comments: i? lies a, c/ no ettfoc---1/no 4 /.4, a 0c7,s /re<c A Gym p ly d4 -t C' re gym /9r. /.0 »r2s TY/Yl lr0.aA /2c 411,17 ¢c a n aj ,ey/.7 ,2)77C'$-C/ a n /7/796-d c ra /I /c(J. a t 1aa7� Health Signature Date: 1 i v �i Notice to Healt Department Please Return This Form to the Applicant Rezoning Comments Applicant's Name: Mailing Address: Mail to: Frederick- Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Frederick Winchester Health Department Hand deliver to: Frederick Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 A jihcant` Pl fill the t t`.-4..7,' r to ne e Winrheste� H alt Deepat rre thzheir cem i w Attac:a:cov o e locatton map; ih p vour application form p roffer: statement -impactanalysistand any othet per-tment-information Patton Harris Rust Associates Phone: (540)667 -2139 c/o C. E. Maddox Jr., P.E., Sr. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The properties are located east and adjacent to Front Royal Pike (U.S. Route 522), approximately 280 feet south of the Papermill Road intersection. Current Zoning: RA 04o9vL, 1 /105 �C (ay A a9 WAKELAND REZONING Zoning Requested: B2 Acreage: 7.26 Acres 16 Rezoning Comments Mail to: Frederick County Dept. of Parks Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 tr14FtT 77 "t* %'•w r 3 'C. r -ei.�F+""!i. Z' ,r Rih wi A^6 A hcanY 'Please A1111 out 4the mf ormahon``a l slaccurate possible m order =tot assist iha Department gf Parks R reati vithh,theirlrev v �-A ch ecopyiof.youraa form;_ loccationtmap,iproffer state impact analysis; .and..any ;pertinent)in'fo r -m Applicant's Name: Mailing Address: Patton Harris Rust Associates c/o C. E. Maddox, Jr., P.E., Sr. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The properties are located east and adjacent to Front Royal Pike (U.S. Route 522), approximately 280 feet south of the Papermill Road intersection. Current Zoning: RA Dept. of Parks Recreation Comments: Parks Signature Date: Notice to Dept. o Nn Comment »v octet Frederick County Department of Parks Recreation Hand deliver to: Frederick County Department of Parks Recreation Co. Administration Bldg., 2 Floor 107 North Kent Street Winchester, VA 22601 WAKELAND REZONING Phone: (540)667 -2139 Zoning Requested: B2 Acreage: 7.26 Acres 12/06/04 arks Recreation Please Return This Form to the Applicant 13 Mr. C.E. Maddox, Jr., P.E. Senior Vice President Patton Harris Rust Associates, pc 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Dear Mr. Maddox: SMK /dkr 540-662-3889 Ext 112 dentn 144 At tt i r& pl F\ Z L A t Z Frederick C ounty Public Schools Administrative Assistant to Visit us at www.frederick.kl2va.us the Superintendent kapocsis @frederick.knva.us January 5, 2005 RE: Wakeman -Front Royal Pike Property This letter is in response to your request for comments concerning the rezoning application for the proposed Wakeman Front Royal Pike Property project located on the east and adjacent to Front Royal Pike (U.S. Route 522), approximately 280 feet south of the Papermill Road intersection. Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Respectfully yours, cc: William C. Dean, Ph.D., Superintendent of Schools e-mail: Stephen Kapocsi Administrative Assistant to the Superintendent 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604 -2546 FAX 540 -662 -3890 Winchester Regional Airport's Comments o p 0 c a f;hi9c 1 e i-ce g 0 Winchester Regional Airport Signature Date: S as 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, VA 22602 (540) 662-2422 r A p plicant jP ealeal s eb if ll out th of r accuratelyas possible Mo rder to assist th nester Regional Aiiiport,wrt h, their review Attach a copytof your application form location map's f..4s JS8' e aflt °'L v a f 'Talk pert r S ent t" c Y .y �t 'pro €fei stat impact anahsis; and anytotm information; fr 1 -'S r xnsei aiNP Applicant's Name: Mailing Address: Current Zoning: RA Winchester Regional Airport Patton Harris Rust Associates Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA c/o C. E. Maddox, Jr., P.E., Sr. VP 117 E. Piccadilly Street, Suite 200 Winchester VA 22601 Location of Property: The properties are located east and adjacent to Front Royal Pike (U.S. Route 522), approximately 280 feet south of the Papermill Road intersection. WAKELAND REZONING Phone: (540)667 -2139 Zoning Requested: B2 Acreage: 7.26 Acres 17 1 December 8, 2004 WINCHESTER REGIONAL AIRPORT Patton Harris Rust Associates C. E. Maddox, Jr., P.E., Sr. VP 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comment RA to B2 Wakeland Manor Land Trust Shawnee Magisterial District Dear Mr. Maddox: S. R. Manuel Executive Director 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 -2422 The proposed rezoning request for Wakeland Properties is in conformance with the Frederick County Comprehensive Policy Plan and the proposed zoning is compatible with airport operations. It appears that this rezoning will not impact business operations of the Winchester Regional Airport. Thank you for the opportunity to review this request. Sincerely, WILBUR C. HALL (1892 1972) THOMAS V. MONAHAN (1924 1999) SAMUEL D. ENGLE 0. LELAND MAHAN ROBERT T. MITCHELL, .1R. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. Dear Susan A PARTNERSHIP OF PROFESSIONAL CORPORATIONS I s 7 EAST MARKET STREET LEESBURG, VIRGINIA TELEPHONE 703-777 -1050 ATTORNEYS AT LAW January 24, 2005 Susan K. Eddy, AICP, Senior Planner Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601 -5000 HALL, MONAHAN, ENGLE, MAHAN MI B EAST BOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540-662-3200 FAX 540-682 -4304 E lawyers ®haIImonahan.com L Re: Wakeland Properties Front Royal Pike Wakeland Manor Land Trust) Proposed Proffer Statement PLEASE REPLY TO: 0 JAN 2 5 2005 FREDERICK COUNTY PLANNING DEVELOPMENT P. 0. Box 848 WINCHESTER, VIRGINIA 22804 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, and is legally sufficient as a proffer statement, subject to the following: 1. The Rezoning Number should be inserted at the beginning of the Proposed Proffer "Statement. 2. The second sentence of the second paragraph, which reads "The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein should be deleted. The timing of the respective proffers in this Proposed Proffer Statement should be set forth in the individual proffer item. 3. With respect to Proffer, No.. 1 (Land Use), staff should review the permitted uses in the B -2 district to determine whether any other uses should be proffered to be prohibited, given the specific characteristics of this site. RTM /ks HALL, MONAHAN, ENGLE, MAHAN MITCHELL Susan K. Eddy, AICP, Senior Planner January 24, 2005 Page 2 4. In Proffer No. 2.2, the time of the installation of the landscaped corridor buffer should be set forth, and should probably provide that the buffer will be installed prior to the issuance of the first building permit on the site. Also, this proffer should provide for County staff approval of the landscaping design, unless staff feels that existing zoning ordinance landscaping regulations are sufficient to control the design. 5. With respect to Proffer No. 3.1, it would appear that the Applicant may not intend to develop the site under a single site plan, but rather development on the site may be incremental. Therefore, under the proposed proffer, there could be up to 79,000 square feet of floor area in commercial use (excluding mini warehouse /self storage facilities) before a traffic impact analysis (TIA) is required. The County should determine if this is acceptable for this site. If this is acceptable to the County, the proffer should further provide that any road improvements indicated by the TIA shall be made by Applicant, at Applicant's cost, prior to the issuance of an occupancy permit for any floor area in excess of 79,000 square feet. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific site, as it is my understanding that that review will be done by the staff and the Planning Commission. If there are any questions concerning the foregoing, please contact me. Very truly yours, ell, Jr Robert T. Mite January 4, 2005 Mr. Charles Maddox Gilbert W. Clifford Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Request for Historic Resources Advisory Board (HRAB) Comments Wakeland Properties Rezoning; PIN# 64 -A -29 30 Dear Mr. Maddox: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the DRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. These properties are within the study area of the Second Battle of Kernstown; however, due to the development in this area they have been deemed to have lost their integrity. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Perkins Planner II CEP /bled a /cwv VV D Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK January 26, 2005 Mr. C.E. Maddox, Jr., P.E., Senior Vice President Patton Harris Rust Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Proposed Rezoning of Wakeland Properties Submitted for Preliminary Review: December 3, 2004 Dear Chuck: 2. 5. Impact Assessment Statement. COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 I have had the opportunity to review the draft rezoning application for the Wakeland Properties. The rezoning application seeks to rezone 7.26 acres from RA (Rural Areas) District to the B2 (Business General) District. Staff's review comments are listed below for your consideration. Property Name. This application is called both Wakeman and Wakeland Properties in the titles, headers and text. Please use one name to avoid confusion. Surveyed Plat. Please supply a surveyed plat of the subject properties, which shows all property lines and proposed zoning boundary lines. Metes and bounds should be provided to verify exact locations of lots and zoning boundaries. 3. Verification that taxes have been paid. Please provide a receipt from the Treasurer's office which verifies that real estate taxes for the properties have been paid. 4. Adjacent parcels. The list of adjoining properties and adjoining property owners must include parcel 76 -A -5. This parcel adjoins the subject parcels to the east. Include all relevant information concerning this property including current use, zoning district and owner's name and address. A. Introduction. The floor area ratio (FAR) used throughout this application is 0.25 which results in a Floor space of 79,000 square feet. This is far less than the 155,088 square feet that could be built, based on information provided in 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Page 2 Mr. C. E. Maddox, Jr. RE: Proposed Rezoning of Wakeland Properties January 26, 2005 the County's rezoning application package (B2 21,362 square feet of retail use per acre of use). While the lower floorspace is justified in the application by reference to other developments in the County, the County's rezoning application clearly states that, "If the applicant does not proffer specific uses or densities as part of their application, the planning staff will assume the maximum possible density or intensity of use(s) will be placed on the property Please reflect the maximum possible density or intensity of use throughout this application. B. Comprehensive Policy Plan. The site falls within the boundaries of the Southern Frederick Land Use Plan. This land use plan does not, identify a particular land use for the site; however, the existing land use in the area is residential. The plan does promote commercial and industrial uses around major collector interchanges and intersections. Given the new Justes Drive construction, it is reasonable to assume that in the future this area could develop as a commercial node at a major interchange. Ideally, this site would be developed together with the adjacent mobile home park as that site would have frontage along both Front Royal Pike and Justes Drive. The challenge for the present is to buffer existing residential uses from the impacts of any commercial development. a. The Southern Frederick Land Use Plan calls for signalization at major intersections to promote efficient traffic movement. The plan further states that development proposals submitted for these areas (collector road systems at critical intersections) will be expected to provide road connections and signalization to achieve the intent of this plan. This site would benefit from signalization at the intersection of Front Royal Pike and Justes Drive. This should be given consideration in this application. b. The Comprehensive Policy Plan promotes quality design in commercial areas. In particular the size, number and spacing of signs are highlighted for further consideration. This should be given consideration in this application. c. The Frederick County Bicycle Plan designates Front Royal Pike as a short -term designated route. A re- striping of Front Royal Pike could result in the establishment of a bike lane in front of this site. This should be taken into consideration at the site plan stage. C. Suitability of the Site. The proffering of a single entrance on Front Royal Pike is clearly in the interest of good planning and road safety and efficiency. Page 3 Mr. C. E. Maddox, Jr. RE: Proposed Rezoning of Wakeland Properties January 26, 2005 D. Surrounding Property. A map clearly indicating the zoning of adjacent parcels should be provided. Also, plans should indicate the distance between the property to be rezoned and adjacent residences. Please note that a category B Buffer is required adjacent to all property zoned MI -I1 and land zone RA that is used for residential purposes. E. Transportation. A complete traffic impact analysis was not provided with this draft rezoning. Trip generation figures were based on a retail use with 79,000 square feet. This floorspace projection is not acceptable as mentioned above. It is possible that basing the trip generation figures on the full potential of the site, that is 155,088 square feet, would result in the need for a full traffic impact analysis. However, based on the capacity of the existing road system, a full TIA may not be necessary. While staff may not require a full TIA, we would still seek to have the applicant mitigate impacts to provide safe and manageable traffic conditions. 1. The impactanalysis statement states that the applicant will install a right turn /taper lane. This has not been proffered. Should VDOT request such a lane, it should be proffered. Given the uncertainty over the full development of this site, it may be important to secure the right -of -way for a future full right turn lane along the frontage. 2. The County generally encourages inter parcel connectors between sites with compatible uses. While the County would not seek an inter parcel connector between the proposed commercial use and the adjacent residential uses, it would be beneficial to consider inter parcel connectors for the future should the surrounding area develop as a commercial node. 3. Given the site's proximity to two schools and the possible evolution of the surrounding area into a commercial node, it is appropriate to consider pedestrian opportunities and the inclusion of sidewalks. P. Sewage Conveyance and Water Supply. The calculations for water consumption and sewer flows are based on 79,000 square feet of commercial floorspace. As this floorspace has not been proffered, calculations should be based on the full potential of the site. G. Solid Waste Disposal. The calculations for solid waste were presumably based on 79,000 square feet of commercial floorspace. As this floorspace has Page 4 Mr. C. E. Maddox, Jr. RE: Proposed Rezoning of Wakeland Properties January 26, 2005 not been proffered, calculations should be based on the full potential of the site. H. Impact on Community Facilities. The Capital Facilities Impact Model was run based on a retail use of 79,000 square feet. Unless this is proffered, the model will need to be re -run based on 155.088 square feet. Proposed proffers for Fire and Rescue and the Sheriff's Office should then be adjusted accordingly. 6. Proposed Proffer Statement (Including Generalized Development Plan). A. Land Use. The proffer statement prohibits adult retail uses on the property. All other B2 uses would be allowed. In light of the surrounding residential uses, it may be appropriate to prohibit other B2 uses. B. Buffer. Proffer 2.2 calls for a 20 foot landscaped corridor buffer with mixed ornamental plantings. The proffer should be restated to provide landscaping that is in addition to ordinance requirements, not landscaping as a substitute to minimum ordinance requirements. In keeping with good design principles, street trees, consistent with good site visibility, should be included. In addition, the proffer should state when the additional landscaping will be installed. Also, it should be clarified that the landscape buffer will be open space and will not be used for parking. C. Transportation. As stated above, the proffers should be based on the maximum possible density of the site. In addition the proffer should state when the transportation improvements will be made. D. Monetary Contribution. As stated above, proffers should be based on the maximum possible density of the site. Proposed proffers for Fire and Rescue and the Sheriff's Office should be adjusted accordingly. 7. Agency Comments. Please provide appropriate agency comments from the following agencies: Historic Resources Advisory Board, 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, Winchester Regional Airport, Millwood Fire and Rescue Company and the Frederick Winchester Service Authority. The proposed proffers and generalized development plan were forwarded by staff to the Frederick County Attorney. Comments from the attorney are attached to this letter. Page 5 Mr. C. F. Maddox, Jr. RE: Proposed Rezoning ofWakeland Properties January 26, 2005 8. Fees. The fee for this application includes a $1.000.00 base fee plus $50.00 per acre, and a $50.00 public hearing sign fee. Thus, a total of$1,413.00 is due upon submission of the official rezoning application. This is based on fees as of January 25, 2005. Fees may change. All of the above comments should appropriately addressed before staff can accept this rezoning application. Please do not hesitate to contact me with questions regarding this application. Sincerely, Special Limited Power of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. Susan K. Eddy, AICP Senior Planner SKE/bhd Attachment June 2005 Wakeland Properties Front Royal Pike IV. AGENCY COMMENTS