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HomeMy WebLinkAbout16-05 Comments (2)to HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORAMON5 FEB ATTORNEYS AT LAW WILBUR C. HALL (1892 -1972) THOMAS V. MONAHAN (1924 -1999) 1 a 7 EAST MARKET STREET 9 EAST BOSCAWEN STREET SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHE5TER, VIRGINIA 0. LELAND MAHAN TELEPHONE 703777 1050 TELEPHONE 540-862 3 2 00 ROBERT T. MITCHELL, JR. FAX 540-662 -4304 JAMES A. KLENKAR E-MAIL lawyers @hallmonahan.com STEVEN F. JACKSON February 2, 2006 DENNIS J. MCLOUGHLIN, JR. Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 Re: Willow Run Proffer Statement Dear Susan: 3 2006 I i PLEASE REPLY TO: P. O. Box 848 WINCHESTER, VIRGINIA 22604 - 0848 Pursuant to your email to me of January 17, 2006, it is my understanding that I should not undertake to review the revised Proffer Statement of Willow Run which I received in December. Accordingly, I will not undertake to review the revised proffers unless I hear from you. With kind regards, I am RTM /ks Very truly yours, Robert T. Mitchell, Jr. RREENWAY ENGINEERING 7 151 Windy Hill lane Winchester, Virginia 22602 Founded in 1971 I December 15, 2005 Frederick County Planning Commissioners 107 North Kent Street Winchester, VA 22601 RE: Willow Run Revised Proffer Statement Dear Planning Commission Members: Greenway Engineering and the Willow Rum property owners have been working with VDOT staff and County staff to address the various comments that have been provided for the Willow Run Rezoning Application. The November 4, 2005 Proffer Statement that you received in your agenda packet was created to address the majority of these comments. Our team has continued to meet with your professional staff to address their questions and to further refine this development proposal. These efforts have resulted in the creation of the November 30, 2005 Proffer Statement for the Willow Run Community. The property owners and Greenway Engineering have forwarded this new information to the Planning Department and County Attorney for review and would like to have this document considered during your December 21, 2005 meeting. Therefore, we have provided you with a packet of information that includes the new November 30, 2005 Proffer Statement, a bold and italic text version of this proffer statement to demonstrate the revisions, a proffer revision summary document that enumerates all revisions that have been made, and a copy of the response letter that was prepared to specifically address the comment made by the County Attorney. We would like to utilize the new November 30, 2005 Proffer Statement during your consideration of the Willow Run Rezoning Application on December 21, 2005, as our team has worked very hard to accommodate the comments made by staff. Please review this information and do not hesitate to contact me if you have any questions. Sincerely, W � . Evan W} att, AICP Greenway Engineering Engineers Surveyors Telephone 540 - 662 -4185 FAX 540- 722 -9528 Pile 03800 W G /EA W www.greenwayeng.com Willow Run Community - Rezoning Application November 30, 2005 Proffer Revisions Proffer A2 has been modified to eliminate the language "current or future" from the allowed residential housing types in the RP District. Proffer A3 has been modified to eliminate the age- restricted dwelling unit permits from not counting towards the total number of residential building permits that can be issued on an annual basis. Proffer A4 has been modified to provide for a minimum of 85 age- restricted dwelling units. Proffer A5 and A6 has been modified to eliminate the proposed Village House and the proposed Carriage House as options for the Willow Run Community. Proffer A5 now provides for a double row of evergreen tree screening to mitigate impacts to the Homespun commercial land use. Proffer A6 now provides for a residential unit matrix, which provides for a minimum and maximum percentage of age- restricted, single - family attached, and single- family detached to create a mixture of housing within the Willow Run Community. Proffer 131 has been modified to provide for a minimum square footage of commercial land use, as well as a maximum square footage. The maximum square footage is necessary to ensure that the proffer statement is consistent with the build out analysis utilized in the traffic impact analysis. Proffer B4 has been modified to guarantee the construction of 10,000 square feet of commercial land use prior to the issuance of the building permit for the 600 dwelling unit. Proffer B5 has been modified to reduce the number of commercial land uses that were previously prohibited within the Willow Run Community. Proffer C1 has been modified to provide a description for the community center park area and loop road as elements of the proffered Generalized Development Plan. 3800 W G /EA W 0 0 Proffer El has been modified to provide for a right -of -way dedication for the north -south major collector road through the Jova Properties, LLC parcel whenever desired by the County. Proffer E2 has been modified to describe the grading for the ultimate road section to provide for a four -lane divided landscaped median road section. Proffer E3 has been modified to describe the grading for the ultimate road section to provide for a four -lane divided landscaped median road section. Proffer E4 has been modified to ensure that Jubal Early Drive is designed as the through movement if a new interchange at Route 37 is approved by VDOT. Proffer E5 has been modified to ensure that residential development is not solely dependent upon Jubal Early Drive for access to the Willow Run Community, to ensure that the realignment of Meadow Branch Avenue is completed by the Applicants, and to describe the grading for the ultimate road section to provide for a four -lane divided landscaped median road section. Proffer E6 has been modified to ensure that right -of -way is dedicated to Frederick County between the eastern commercial land bay and the 3.68 -acre parcel owned by the City of Winchester if the Winchester City Council does not allow for the construction of Jubal Early Drive through their property. Proffer E7 has been modified to require the second phase of Jubal Early Drive to be developed prior to the 400 residential building permit, and provides for the grading for the ultimate road section to provide for a four -lane divided landscaped median road section. Proffer E8 has been modified to provide for the grading for the ultimate road section to provide for a four -lane divided landscaped median road section and to provide for the gating of Jubal Early Drive at Merriman's Lane. Proffer El l has been modified to provide a time line for the initiation and submission of the Interchange Justification Study that is being completely funded by the Applicants. Proffer E12 has been modified to require the completion of either the four -lane Jubal Earl Drive or north -south major collector road to the Jova Properties, LLC parcel by the 700` building permit. Proffer E13 has been modified to change the decision point for the new Route 37 interchange by the Commonwealth Transportation Board to the 600 permit. Proffer E14 has been modified to ensure that the provisions of the signalization agreement at the Route 37 Cedar Creek Grade interchange is determined by VDOT. 3800WG/EAW 2 h Proffer E15 has been modified to reference E(14) as the correct proffer section. Proffer E17 has been modified to ensure that the provisions of the signalization agreement at the Willow Run Drive Major Collector Spine Road intersection at Cedar Creek Grade interchange is determined by VDOT. Proffer E18 has been modified to require the construction of all intersection improvements at Cedar Creek Grade and the Minor Spine Road prior to the issuance of the first residential building permit, exclusive of model homes, and to provide for a 20- foot right -of -way dedication to VDOT. Proffers E2, E3, E5, E7, E8 and E18 have been modified to guarantee the top coat of asphalt. Proffer Fl has been modified to increase the monetary proffer amount for all non -age restricted units that only reflects commercial office credit for the 10,000 square feet of commercial land use that is guaranteed. Proffer F3 has been modified to provide for additional revenue sources to Round Hill Volunteer Fire & Rescue and to Shawnee Volunteer Fire & Rescue. Proffer G2 has been modified to ensure that the Green Circle bicycle and pedestrian facility connects to the existing facility in the City of Winchester provided that the Winchester City Council allows for the construction of Juba] Early Drive through their 3.68 -acre property. Proffer G4 has been added to provide for an active recreation use area for the major karst feature that has been filled, exclusive of swimming pools and buildings. Proffer 12 has been modified to ensure that the Applicants are responsible for establishing the design guidelines that will be enforced by the Architectural Review Board. Proffer J 1 has been modified to eliminate the major karst feature from the areas described as DSA. Proffer J3 has been modified to ensure that commercial development activity does not occur within the DSA. Proffer J4 has been modified to ensure that the planting of all elements associated with the wetlands mitigation plan is done by the Applicants during the first favorable growing season following wetlands disturbance. 380uwG/IAw - 3 i + 'Y { Founded in 1971 Sus Cop 0 GREEN AY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 December 14, 2005 Hall, Monahan, Engle, Mahan & Mitchell Attn: Robert T. Mitchell, Jr. P.O. Box 848 Winchester. VA 22604 -0848 RE: Willow Run Review Comments Dear Mr. Mitchell: The Frederick County Planning Department provided me with a copy of your review comments for the Willow Run Rezoning Application on November 9, 2005. The purpose of this letter is to provide you with information that addresses these review comments. I have utilized the same numbering for my responses to match your comments from the November 8, 2005 letter, which is attached for reference. 1) Proffer item A(2) has been modified to eliminate the language "current or future" from the allowed residential housing types in the RP District. Proffer A(6) now provides for a residential unit matrix, which provides for a minimum and maximum percentage of age- restricted, single - family attached, and single - family detached to create a mixture of housing within the Willow Run Community. 2) Comment noted. 3) Proffer A(5) has been modified to eliminate the proposed Village House and Proffer A(6) has been modified to eliminate the proposed Carriage House as options for the Willow Run Community. 4) Proffer B(l) has been modified to provide for a minimum square footage of commercial land use, as well as a maximum square footage. The maximum square footage is necessary to ensure that the proffer statement is consistent with the build out analysis utilized in the traffic impact analysis. 5) Comment noted. 6) Proffer B(4) has been modified to guarantee the construction of 10,000 square feet of commercial land use prior to the issuance of the building permit for the 600 °i dwelling unit. Engineers sur evcrs Telephone 540- 662 -4155 FA;: 540-7'2-9528 Flle 43S00%YG /EAAN mvar. <�reemraven e.com 7) Proffer B(5) has been modified to reduce the number of commercial land uses that were previously prohibited within the Willow Run Community. 8) Proffer D(1) has been modified to limit the development activity within the Willow Run Community to land disturbance activities only until the Master Development Plan is approved by Frederick County. 9) Proffer D(2) has been provided to ensure that Frederick County officials and staff are not asked to mediate situations in which property owners are being uncooperative. Additionally, Proffer D(2) ensures that future property owners are aware of this requirement. 10) Proffer El has been modified to provide for a right -of -way dedication for the north -south major collector road through the Jova Properties, LLC parcel whenever desired by the County. 11) Proffer E(5) has been modified to require the first phase of Jubal Early Drive to begin within 18 months of final design plan approval by VDOT. Proffer E(7) has been modified to require the second phase of Jubal Early Drive to be developed prior to the 400`" residential building permit. Proffer E(8) already requires the third phase of Jubal Early Drive to be developed prior to the 700` residential building permit. 12) Proffer E(7) and Proffer E(8) have been modified to eliminate the language that previously called for the undeveloped portion of the right -of -way to count towards the overall open space for the Willow Run Community. 13) Proffer E(14) has been modified to ensure that the provisions of the signalization agreement at the Route 37 Cedar Creek Grade interchange is determined by VDOT. Proffer E(17) has been modified to ensure that the provisions of the signalization agreement at the Willow Run Drive Major Collector Spine Road intersection at Cedar Creek Grade interchange is determined by VDOT. 14)The Output Module of the Frederick County capital Facilities Fiscal Impact Model has been provided as a component of the Willow Run Rezoning Application to ensure that information is available that demonstrates how monetary allocations can be made to the various County divisions. 15) Comment noted. 16) Proffer 1(2) has been modified to ensure that the Applicants are responsible for establishing the design guidelines that will be enforced by the Architectural Review Board. File 93500 WGIEAW — 17) Proffer I(3) has been proffered to ensure that a Homeowners Association assessment will be established by the Applicants at the beginning of the project. The Applicants will establish this assessment in conformance with the Property Owners Association Act, which will provide for a minimum reserve consistent with the Act. The Applicants will be in control of this assessment until 2/3 of the residential lots are controlled by others and will transfer ownership of the assessments to the Homeowners Association at that time. 18)Proffer J(3) has been modified to ensure that commercial development activity does not occur within the Developmentally Sensitive Area (DSA). 19) Proffer J(4) has been modified to ensure that the planting of all elements associated with the wetlands mitigation plan is done by the Applicants. The Willow Run Rezoning Application has been modified to address the issues and concerns that you identified during your November 8, 2005 review. Please review the information in this response letter and contact me if you have any questions regarding these revisions. It would be beneficial to this project if a new County Attorney review comment letter was prepared that recognizes the revised development program for the Willow Run Conununity. Thank you for your comments for the Willow Run Rezoning Application. Sincerely, Evan Wyatt, AICP Greenway Engineering Cc: Frederick County Board of Supervisors Frederick County Planning Commissioners Susan Eddy, Frederick County Planning Department Willow Run Team File 03800NVG /EA %V 3 GREENWAY ENGINEERING 151 Windy Hill Lane FuunJcd in 191I Winchester, Virginia 22602 T R A N S M I T T A L Project Name: File No: Date Willow Run 3800WG December 15, 2005 To: FC Planning From: Evan Wyatt Attn: Susan Eddy GREENWAY ENGINEERING Phone: 540- 662 -4185 Copied Fax: 540- 722 -9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ❑ Please Comment Message: Hi Susan. Please find attached the new November 30, 2005 Proffer Statement for the Willow Rum Rezoning that reflects the matters we discussed last week. I have provided you with the original proffer statement that has been signed by all owners, a bold and italic text version that depicts the revisions made to the previous proffer statement and a proffer summary document that identifies each section that was modified. Please review this information and we will get together to go through these revisions prior to the 12 -21 -05 Planning Commission public hearing. Thank vou. Evan Hand Delivery and Pick Ups Only: Received By: Date: r IWO .. O r GREENWAYNGINEERING 151 Will& I - [ill Lme Winchesicr, Virginia 22602 January 18, 2006 Frederick County Planning= Department Attn: Eric Lawrence, Planning Director 107 Nbrth Kent Street Winchester. VA 22601 RF: Continuance of Rezonine .Application R /_# 16 -05 for Willow Run Dear la ic: The purpose of this letter is to modik, the request for continuance of the referenced rezoning application that is scheduled for the January 18, 2006 Planning Commission agenda. Greenway Engineering provided your department with a letter elated .January 4. 2006. Which expressed the propergv owners' desire to have this rezoning application removed fronn the January 18. 2006 agenda and placed on the Planning Commission's February 15, 2006 agencla. Subsequent to this request, the property owners have met with County officials to discuss potential revisions to this application. Therefore, the propert owners feel that it is appropriate to request that this application be continued with a waiver of tine requirement by the County to ensure that there is adequate opporuulith' to work with County officials on this clevclopment proposal. Thank you for your assistance regarding this matter. Sincerely. Eva1n �V Batt, ryICP GreenWav Engineering Cc: WilloW Run Group Engineers surveyors Telephone 540- 662 -4185 FAX 540 -722 -9528 ( , q %vuwgreenwayeng.com Willow Run Subject: Willow Run Date: Wed, 04 Jan 2006 16:21:35 -0500 From: Susan Eddy <Seddy @co.frederick.va.us> To: Evan Wyatt <ewyatt @greenwayeng.com> Evan, I received your letter requesting continuance of the Willow Run rezoning. At this time I do not need any additional information from you. I will notify you of tie Planning Commission's decision as soon as it is made. Regards, Susan Susan Eddy < seddv cnr co.frederick.va.us Senior Planner County of Frederick Department of Planning and Development 1 of 1 1/4/2006 4:21 PM GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 JAN 4 2006 '.Y PL?' CNT VV A I ♦; I R � Project Namc: Willow Run ltezon File No: 3800WG Date January 4. 2006 To: FC Plannint Attn: Susan Eddv Copied ication From: Evan Wyatt GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540 -722 -9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: 1 -1i Susan, Please find attached the letter requesting continuance of the Willow Run Rezoning Application to the 2 -15 -06 Planning Commission agenda as we discussed earlier today. Please advise me if you need any additional information at this time. Thant: von, Evan Hand Delivery and Pick Ups Only: Received By: Date: �J 151 Windy I - fill lane Winchestcr, Vizginia 22602 January 4, 2006 Frederick County Planning Department Attn: Susan Eddy 107 North Kent Sweet Winchester, VA 22601 • r JAN t -_t- RIB: Continuance of Rezoning Application IZZ'� 16 -05 for Willow Run Dear Susan: 4 2006 I J "I he purpose of this letter is to request it continuance of the referenced rezoning application that is scheduled for the January 18, 2006 Planning Commission agencla. The property owners desire to have this rezoning application removed from the January 18. 2006 agenda and placed on the Planning Commission's February 15, 2006 agenda. Please advise me that this request is acceptable to the Planning Commission and also advise me of any additional information that you Will need for the February 15. 2006 aecncla. Thank Vou for your assistance reeardine this matter. Sincerely. Lea❑ AVvatt_ AICI Giccnway Engineering Cc Will0vV Run Group Engineers Surveyors 'Iclephonc 540 -662 -4185 FAX 540 - -9528 www.greenwayeng.com Re: Willow Run • • Subject: Re: Willow Run Date: Tue, 27 Dec 2005 16:09:23 +0000 GMT From: "Evan Wyatt" <ewyatt@greenwayeng.com> To: "Susan K. Eddy" <seddy @co.frederick.va.us> Hi Susan, I am meeting with the owners tomorrow and will let you know if there are going to be addition revisions to the project then. Thank you, Evan - - - -- Original Message---- - From: Susan Eddy <Seddy @cc.frederick.va.us> Date: Tue, 27 Dec 2005 10:26:21 To:Evan Wyatt <ewyatt @greenwayeng.com> Subject: Willow Run Evan, Based on the PC action. of December 21st, I am putting Willow Run on the January 18th PC agenda as a public meeting. Do you know if you will be revising the application in any way before that time? Hopefully I will have Bob Mitchell's comments on the revised proffers in time for the mailout. My report is due to Eric on January 3rd. Let me know your thoughts. Regards, Susan Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Phone: 540- 662 -4185 Fax: 540- 722 -9528 ION 1 12/27/2005 11 :52 AM i' GREENWAY ENGINEERING 151 Windy Hill Lane R Fbuoded m 1911 T Winchester, Virginia 22602 1. R A 1\ S M I T 1 A Project Name: File No: Date Willow Run Rezoning Application 3800WG November 14, 2005 1 NOV 1 4 2005 ! �� iY pt; NT L To: FC Planning From: Evan Wyatt Attn: SUSan Eddy GREENWAY ENGINEERING Phone: 540- 662 -4185 Copied Willow Run Property Fax: 540 -722 -9528 Owners Deliverv: ❑ Fed Ex ❑ U.S. Mail ❑ COnrler ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ❑ Please Comment Message: Ili Susan. Please find attached all information that is required to process the filing of the Willow Run Rezoning Application for the December 7, 2005 Planning Commission meeting. This information includes the following: * Application Fee Application * Revised Impact Analysis Statement dated November 4, 2005 * Revised Proffer Statement dated November 4, 2005 with all original notarized * Application Form Signed By Greenway Engineering * Special Limited Power of Attorney agreements from all owners authorizing Greenway Engineering as the Applicant to process the Rezoning Application • Adjoining Property Owner Information for Frederick County 8 the City of Winchester • Rezoning Plat Exhibit providing survey data for all properties and zoning boundaries • Dceds for all properties that are part of the Rezoning Application • Current taxes paid verification statements for all properties that are part of the Rezoning ! • owner signatures * All required Review Agency Comments * 1 Phase I Environmental Reports * October 5, 2004 LCS Letter recommending treatment for sinkhole filing * Corp of Engineers Wetlands Jurisdictional Determination Letter and field data and map data depicting wetlands delineation * Ribal I arty Drive Plan & Profile and Jubal Early Drive Major Subdivision Plat and Preliminary Subdivision Plat Approval letter from City of Winchester * 2 copies of the July 12, 2005 Traffic Impact Analysis and Traffic Impact Analysis Addendum prepared by PFIR &A * 69 color copies of all Impact Analysis Statement Exhibits * 69 color copies of all Proffer Statement Exhibits Please review this information and advise me if you need anything else at this time. I will be available to meet with you at your convenience to discuss this information or any other matter related to the Willow Run Conuntmity Rezoning Application. Thank you. Evan Eland Delivery and Pick Ups Only: Received By: Date: APPLICATION FOR REZONING FREDERICK COUNTY, VIRGINIA In order to rezone a parcel of land in Frederick County, an application for rezoning must be submitted to the Department of Planning and Development. It is the responsibility of the applicant to gather all information and materials that make up the application. Rezonings are ultimately approved or denied by the County Board of Supervisors. This package contains instructions which must be must be followed in order to complete an application. It is important to read these instructions care,(idly. If you have questions or need assistance, please contact the Department of Planning and Development at (540) 665 -5651. Application Materials The following materials must be submitted to the Department of Planning and Development. I. A completed application form (the form is attached). 2. A survey or plat of the entire parcel with the location of all proposed zoning boundary lines. 3. A copy of the deed to the property verifying current ownership. This may be obtained from the Frederick County Clerk of the Circuit Court at the Joint Judicial Center, 5 North Kent Street, Winchester. 4. A statement verifying that taxes have been paid. This may be obtained from the Treasurer's Office at 107 North Kent Street, Winchester. 5. A complete listing of adjoining property owners, including addresses and property identification numbers. These can be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 6. Impact analysis statement. Information concerning the projected impacts of the proposed rezoning following the specifications beginning on Page 5. 7. Proffer Statement. Specific conditions to be volunteered as part of the application. See explanation and instructions on Page 10. 8. Completed agency comment sheets. Comments sheets are attached. It tnay not be required that alt comment sheets be completed. Check with the Department of Planning and Developmentto determine which comment sheets are applicable. 9. Fees. There is a $3,000 base fee plus $ 100 per acre, and a $50. deposit fora public hearing sign. Checks should be made payable to "Treasurer of Frederick County." 4pplication Steps tAiTe - M �i •m' '� ' t � "+ �° ��, ;.; r.� ����� .? � " �''« a'�" ti ^,� �y� �,t „�'��H� 1�� f "��� y t4 s k €��l1{4rjrvy R �j is ' a�n ' / rF � ��1 rr ti Y , ,'c. t r, ,�.:�f�21 [. ' Jp.,r'" r K L .. ' i ; 5 y : � . .etU )f :kk ; . a ^ a '� �� � t � ,.� '�" � ♦ �' � �� 07 _ e J ezonan ( #lication= Noveinber£14, 4n2005�yA° `W �1 i s3 A- q1 c 1 a, ply 0 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTSAS TO WHAT YOU WOULD LI%E TO HAVE COMPLETED. INITIAL DATE & TEIAE Candice Bernie Mark Susan S - l5 5 Eric Mike Kevin John COMMENTS: IAA It: 00 Received by Clerical Staff (Date & Time): 1 l5 S 2 c