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HomeMy WebLinkAbout05-06 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 MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS I a 7 EAST MARKET STREET LEESBURG, VIRGINIA TELEPHONE 703.777 050 ATTO R N EY -S AT LAW January 27, 2006 Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning Development 107 North Kent Street Winchester, VA 22601 9 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540662 -3200 FAX 540-657 E-MAIL IaWyerS @haIIRIW1aha0.CCRl Re: Lynch Property Proposed Proffer Statement JAN 3 0 20f 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 generally in a fours to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 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 as set forth on the attached format. This fonnat has been used on all recent proffer statements. 2. The heading "INTRODUCTION" should be deleted at the beginning of the proffer statement, as the content of the initial paragraphs are substantive paragraphs of the proffer statement. Susan K.-Eddy January 27, 2006 Page 2 HALL•MONAHAN, ENGLE, MAHAN• MITCHELL 3. The first paragraph makes reference to a proposed layout and division of the parcel as set forth on Exhibit 1 of the Rezoning Application. If the proposed layout division of the parcel is material to the rezoning of the property, then there should be an affirmative proffer included in the proffer statement that the property will be developed in substantial confoinlity with the layout and division as set forth in the exhibit, which should be attached to the Proffer Statement. 4. In the third paragraph, instead of the language "development of this property would require the owner to meet the conditions set forth in this document" at the end of the first sentence, I would suggest the following language: the use and development of the subject property shall be in strict confornlance with the following conditions set forth in this proffer." 5. In the third paragraph, the second sentence should be deleted, and the following should be added to the end of the first sentence (as hereinabove amended): except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance." 6. In the second sentence of the third paragraph the word "codes" should be changed to "ordinances 7. A paragraph should be added to the initial paragraphs which contains a description of the property, to include a description of the general location of the property, the title owner, the acreage, and a citation to the land records (deed book and page number, or instrument number) where the owner of the property acquired title. 8. With respect to Proffer #1, the proffer should contain a requirement as to when the construction of the road will be completed; for example, before occupancy of any structure on the property. Susan K Eddy January 27, 2006 Page 3 HAL ENGLE, MAHAN MITCHELL 9. The second paragraph in Proffer #1 is misplaced. This is a paragraph that should apply to all proffers, and should be inserted at the end of the Proffer Statement. 10. It is noted that there has been no Generalized Development Plan submitted with these proffers. Therefore, it is noted that this proffer does not commit the applicant to any specific development plan. (See paragraph 3, above) It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. me. RTM /ks Enclosure If there are any questions concerning the foregoing comments, please contact Very truly yours, Robert T. Mitchell, Jr. Commonwealth business Fan( Lot 2 Jill Fries From:---Funkhouser-,-Rhonda-phonda.Funkhouser©VDOT.Virginia.gcv] on behalf of Ingram, Lloyd- [Lloyd.Ingram @VDOT. Virginia.gov] Sent: Friday, March 03, 2006 3:04 PM To: 'fill @painterlewis.com' Cc: Ingram, Lloyd; 'Susan Eddy'; 'Eric Lawrence' Subject: RE: Commonwealth Business Park Lot 2 The documentation within the application to rezone this property appears to have a measurable impact on Routes 11 and 1167. These route are the VDOT roadways which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Commonwealth Business Park Lot 2 Rezoning Application dated February 13, 2006 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a and 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 VDOT Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984 -5607 (fax) From: Sill Fries [mailto:jill ©painterlewis.com] Sent: Friday, March 03, 2006 9:00 AM To: Ingram, Lloyd Subject: RE: Commonwealth Business Park Lot 2 Lloyd, 1 rage 1 ui z Upon reviewing the February 13th document on file, it shows in Proffer #2 the words "appropriate compensation" have been removed. I am attaching a copy of the Proffer Statement to this email for your review. If you require a hard copy, please let me know and I will forward one to you today. Please let me know if this meets your requirements for approval. 3/3/2006 Rezoning Comments Mail to: Frederick County Fire Marshal Attn: Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665 -6350 Frederick County Fire Marshal Applicant Pleasefill out th'e m `.1,:' r f'' F rederic k C ounty Fire Marshal g ars o lcation, map, ormation as accurately as? p ossible in order to` assist they „A with his review Attach a; of youppcation li fora i x r a r er statement, Impact analysis, apd any,other pertigept,in Applicant's Name: Mailing Address: 22 Hand deliver to: Frederick County Fire Rescue Dept. Attn: Fire Marshal County Administration Bldg., 1st Floor 107 North Kent Street Winchester, Virginia Telephone: l el c2 1 9l 2 acuni.5 -I is P. -C 11 is S. Si s N:to'hR.Slk Y V Z2-(P01 Location of property: \w cc\ Qr c\ o Co niorna P� I1h CF. w,Ivcl`Z vS 10ecct nnr4h oC Rt. I t 31 InA-Li ehr Current zoning: Q Zoning requested: 3 7 Acreage: 1Q. a L Notice to Fire Marshal Please Return This Form to the Applicant ktSC Nr Y ip SC S �VIRGIN IM Control number RZ05 -0010 Project Name Commonwealth Business Park Lot 2 Address 116 S.Stewart Street Type Application Tax ID Number Rezoning 75 -A -91B Current Zoning B3 Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Freder County Fire and Rescue Department Office of tfie Fire Marshal Plan Review and: Gomiii'ents Date received 9/12/2005 City State Zip Winchester VA 22601 Fire District 11 Recommendations Applicant Painter -Lewis PLC Date reviewed 10/18/2005 Automatic Fire Alarm System Residential Sprinkler System No Requirements Hydrant Location Not Identified Roadway /Aisleway Width Not Identified Fire Lane Required Yes Special Hazards No Rescue District 11 Date Revised Election District Back Creek No Site plan shall provide munciple water supplies for firefighting to meet the requirements of Frederick County Code section 90 -4. Applicant Phone 540 -662 -5792 Plan Approval Recommended Reviewed By Signature f�fl Illf2f�, Yes l�pl� P c L u�p u ���pC P Cl y/ il ,�.�i U q f a n I L YRg -L JARc3Rri L-.: -REDERIG -G©g ll `�J Mr. John C. Lewis, P.E., C.L.A. Painter Lewis, P.L.C. 116 South Stewart Street Winchester, Virginia 22601 RE: Rezoning Proposal for Parcel I.D. 75 -A -91B Frederick County, Virginia Dear John: September 21. 2005 COUNTY of FREDERICK Department of Public Works 540/665- 5643 FAX: 540/678 -0682 We have completed our review of the proposed rezoning application for parcel 75 -A -91B and offer the following continents: HES /rls cc: Planning and Development file Refer to Page I Introduction: The extension of Commonwealth Court will require the relocation of the existing cul -de -sac to the property line shared with Winchester 81, LLC. The final approval and design of this extension will be the responsibility of the Virginia Department of Transportation. Refer to Page 1, Introduction: We strongly support the use of a regional stormwater management facility provided there is a mechanise) indicated in the proffer statement for maintenance of this facility. Off -site stormwater easements will be required to accommodate point- source discharges derived from the stormwater management facility. I can be reached at 722 -8221 if you should have any questions regarding the above comments. Sincerely. C7: \Program Files\\Vord Perfect (lice 11\ Rhonda TEN II' CO\ I \IEN'f.ti \eonnaeallhetrercom.wpd 107 North Kent Street Winchester, Virginia 22601 -5000 Act,c04.4tecee4 R Harvey E. Stram )yder, Jr.. P.E. Director of Public Works Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant ?Please' fill, out', mf ormation�as accurately as possible m order toiass�st the° x f sw a: '+rA n` x' P e r %9: e s ..zP r rs t-,4,0P4. t aNF v x4n Ar”ise� t Sanrtati th their review Attach aicopy ;of yon pplicatiii for 4Y location m p p r o ffer statement, tmpactta any, other, pertmentmformatiom Applicant's Name: Jahn 0.hi.ia`.1S, -1 Telephone: Lc leZ Mailing Address: Pa,t I u1 1S P. C. v>u Cfl2 S *.e- VA 2-2- c 1 Location of property: Lo ca +Er1 p `.ontmun ieccAnirl CI. ti,1,ch -31 In4Qrchcxnw_ a Saiiit tion Auto i Current zoning: 3 Zoning requested: {3 Z Acreage: 12 o_C_ u...1 ..�'•.S 1. d. 5b S =.Yn =}6"K;! Notice to Sanitation Authority Please Return This Form to the Applicant 25 Rezoning Commei• Mail to: Fred -Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722 -3579 Sib a N'X.a. e l' o a H 3pApphcant 41 e filliop the mtormatton as accurately as posstbleun order to assist th laF _xe -W i nelse ic l ti t q H;e N e t"-t #tt -�`4w ,C r wFn� a a t s., o r r n F red Wmc, e_Autho their ery At tach at r :rof your a pplication f or m s l o cahon:map" p roff e r statement im a anal s a nd an er erhn nt inform on ,P. P y .7m 3 s P i Applicant's Name: JLhn C. LwV i S, P. L Mailing Address: Location of property: Current zoning: (3 3 Frederick Winchester Service Authority Lo_uots.,P.L -C Lchn vA 22ln O 32 Hand deliver to: Fred -Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Telephone: Lo ln2 57 9 )e JN h Ct nlonu' 0 ca1-1)n iS loccclit cl nm-Ibbou -nd r r Rt i 1 4 RT. 3 .i n +R r haity Zoning requested: 6 2. Acreage: i CC Notice to Fred -Winc Service Authority Please Return Form to Applicant T jfa ast:F r e',t 3 e n 3 +a .1]t *fir &�x .f.M s3 24r ra s i E App Ica nt iPlease fil ou t t tron as ac asrpossr mm order tt o -a assist t x3 ',,A= I a ?S cr,tt o :,nN s'i'.; s'k�3' s a dh[?,a'ta 2 n Y". y,, e",Se: e Winchester Regional Airport with their review. Attach copy of your application form,,,: o i o t e i 4 c ∎9 N S i ap eti a n o n. Locc ation n map, proffer statem im pact analysis andany other mforma aloe Applicant's Name: „At:4)'1 e. LQ_tnn i s p. E Mailing Address: Rezoning Comments Mail to: Winchester Regional Airport Regional Airport Attn: Executive Director 491 Airport Road Winchester; Virginia 22602 (540) 662 -2422 Location of property: j,Dcc Ecl C efCI o c- conuTiontoenshn 04. 'Ahich 1S 1oco3 trt c441 „pc R+ II a (2t 3 -1 n+9 rc Current zoning: 3 Winchester Regional Airport POL1Y1*.Q1- \_P IA11S P.L.0 1 1 o S. SA flr i CS� Uunehes4Qt, vA nla ©1 Zoning requested: (62_ mchester RegionaltAirport's Comment Notice to Winchester Regional Airport Please Return Form to Applicant 30 Hand deliver to: Winchester Attn: Executive Director 491 Airport Road (Rt 645; off of Rt.. 522. South) Winchester, Virginia Telephone: tr-Ic2 5 012_ Acreage: la_ o_c Rezoning Comments Frederick County Department of Parks Recreation Mail to: Frederick County Department of Parks Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665 -5678 ApphcatPlease fill out the tofonnat a �on s a cburatelyaslpossiblean or to ass the Department of Parks Recr on.wit their view Attach agcop�yrof your apps cation 8 for „locationkmap, proffer state i mpact anal an oche pertinent a mfo rm atlon t �-,4fix ;k Applicant's Name: aghn C L.e,o t S P. Mailing Address: o\y- er Lew 1S 0. L 111 S- S +ewar ,S i&in �e_S +ear VA Pz 01 Location of property: \r k p e n-V Cnrvvn nu3eca o N -h 37 in4Qrahrr nciQ Current zoning: P Zoning requested: ea eereation omments Notice to Department o (larks Si Recreation Please Return This Form to the Applicant 23 Hand deliver to: Frederick County Department of Parks Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Telephone: b Io2 L 1 B 2 Acreage: 13 cca_ September 23, 2005 Painter Lewis, P.L.C. John C. Lewis, P.E. 116 South Stewart Street Winchester, Virginia 22601 Re: Rezoning Comments Commonwealth Business Park, Lot 2 Back Creek Magisterial District Winchester, Virginia Dear Mr. Lewis: We have reviewed the referenced rezoning proposal. Allowed uses under this rezoning should not effect airside operations of the Winchester Regional Airport. Thank you for providing us the opportunity to review these plans and for supporting the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 -2422 Administrative Assistant to Mr. John C. Lewis, P.E. Painter- Lewis, P.L.C. 116 South Stewart Street Winchester, VA 22601 Dear Mr. Lewis: SMKJdkr 540 -662 -3889 Ext 112 Respectfully yours, cc: William C. Dean, Ph.D., Superintendent of Schools Al Orndorff, Assistant Superintendent for Administration Charles Puglisi, Director of Transportation Frederick County Public Schools Visit us at www.frederick.k12.va.us the Superintendent kapocsis @frederick.klzva.us September 16, 2005 RE: Rezoning Comments for Rezoning Proposal Parcel ID #75 -A -91B e -mail: This letter is in response to your request for comments concerning the rezoning application for the proposed Parcel ID #75 -A -91B project. 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. Stephen Kapocsi Administrative Assistant to the Superintendent 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604 -2546 FAX 540- 662 -3890 September 20, 2005 Ms. Sonya Summers Painter Lewis, PLC 16 South Stewart Street Winchester, VA 22601 RE: Request for Historic Resources Advisory Board (HRAB) Comments Commonwealth Business Park, Lot 2 Rezoning; PIN# 75 -A -91B Dear Sonya: COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 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 1 -1RAB. 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. It is noted that this property is within the study area of the First and Second Battles of Kernstown and the First and Second Battles of Winchester; however, due to the development in this area, it has been deemed to have lost its integrity. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, a YI-CCLItt. C -PQA LAE. Candice E. Perkins Planner 1I CEP /bad 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000