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HomeMy WebLinkAbout04-06 CommentsWILBUR C. HALL (1892 -1972) S 307 EAST MARKET STREET 9 EAST BOSCAWEN STREET THOMAS V. MONAHAN (1924 1999) SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA O. LELAND MAHAN TELEPHONE 703-777-1050 TELEPHONE 540.662.3200 ROBERT T. MITCHELL, JR. FAx 540.562 -4304 JAMES A. KLEN KAR E Iawyers@hallmonahan.com STEVEN F. JACKSON May 3, 2006 DENNIS J. MCLOUGHLIN, JR. May G HAND DELIVERY Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning Development 107 North Kent Street Winchester, VA 22601 Dear Susan: A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 0 HALL, MONAHAN, ENGLE, MAHAN E. MITCHELL Re: Orrick Commons (Orrick Cemetery Company, Inc.) Proposed Proffer Statement L. PLEASE REPLY TO' P. 0. Box 848 WINCHESTER, VIRGINIA 22604-0848 1 have reviewed the above referenced Proposed Proffer Statement, revised as of April 13, 2006. It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. It should be noted that the proffer on commercial development set forth in Paragraph 1.1 provides that the "commercial development" on the property shall not exceed a maximum of 158,000 square feet, but that pursuant to Paragraph 1.4, the proffers only require a minimum of 55,000 square feet of "commercial building space." In any event, the proffers in Paragraph 1.1 and 1.4 should be clarified as to what the square footage requirement applies, preferably having the requirement apply to "usable floor area Susan K. Eddy May 3, 2006 Page 2 2. It should be noted that the proffer in Paragraph 8.2 for a pedestrian- bicycle trail along the frontage of Senseny Road and Greenwood Road is in lieu of sidewalks. It should be also noted that I do not believe that I had access to the current Generalized Development Plan with respect to these proposed proffers. While I had a copy of the Generalized Development Plan dated November 15, 2005 in my review of the previous Proposed Proffer Statement dated December 6, 2005, for this development, the text of the current proposed proffers indicates to me that there were some revisions to the Generalized Development Plan which previously had been provided to me. In any event, I assume that the staff will be reviewing the proffers as they relate to the items on the Generalized Development Plan. It should be further 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 HALL, MONAHAN, ENGLE, MAHAN MITCHELL If there are any questions concerning the foregoing comments, please contact my yours, Robert T. Mitc January 26, 2006 Mr. Patrick Sowers Patton, Harris, Rust Associates, pc 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Proposed Rezoning of Orrick Commons Dear Patrick: 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 Orrick Commons. This application seeks to rezone 22.06 acres from RA (Rural Areas) District to the B2 (Business General) District and 33.61 acres from the RA (Rural Areas) District to the RP (Residential Performance) District. In general, staff is supportive of this mixed -use project at an important crossroads in the Senseny Road corridor. I would also point out that the emerging Urban Development Area (UDA) study is supportive of this type of neighborhood center. Staff's review comments are listed below. 1. Comprehensive Policy Plan. The site is not within the limits of any small area plans in the Comprehensive Policy Plan. The land use plan identifies the entire Senseny Road corridor for residential uses. 'However, the Plan (6 -72) does call for neighborhood business uses in the vicinity of residential areas. Given this key intersection of Senseny Road and Greenwood Road, and the existing B2 zoned properties at this intersection, it is reasonable to develop the western portion of the Orrick property for neighborhood commercial development. 2. Comprehensive Policy Plan. The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road and Greenwood Road as improved major collectors. This translates to a four -lane divided boulevard section, such as is being implemented with Warrior Drive. The applicant will need to ensure that the application addresses expansion plans for these roads and that all road improvements, especially turn lanes, respect the long -term road center line. 3. Comprehensive Policy Plan. The Comprehensive Policy Plan recommends a number of design features for properties along business corridors. These include landscaping, screening and controlling the size and number of signs. While this is not specifically a business corridor, it will be a commercial node at a prominent 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Page 2 Mr. Patrick Sowers RE: Proposed Rezoning of Orrick Commons January 26, 2006 crossroads and similar standards should be applied. While the application speaks of design guidelines, few are included in the proffer statement. These design elements should all be incorporated into this application. 4. Illustrative Site Plan. The applicant has provided staff a copy of an illustrative site plan. This is not part of the rezoning application and is not proffered. However, there are many good design features on the site plan. These include siting the commercial building close to Senseny Road and Greenwood Road, with the parking out of view of the street; a boulevard style main entrance on Senseny Road; and landscaped parking lots. I would encourage you to consider making these part of the proffer statement. 5. B2 (Business General) Uses. The applicant should consider restricting some of the uses allowed in the B2 District, such as car washes, due to the proximity of this property to residential uses. 6. Impact Analysis Transportation. The applicant has noted a desire to accommodate automobile and pedestrian traffic. I would strongly suggest that the applicant consider a commitment to specific design features including curb and gutter, sidewalks throughout the development and a multi- purpose trail along both Senseny Road and Greenwood Road. Again, ensure that the pedestrian access is consistent with the long term plans for Senseny Road and Greenwood Road 7. Interparcel Connections. The properties adjacent to the Orrick Property along Senseny Road could redevelop in the future. It would be beneficial for the Orrick development to leave opportunities for inter parcel connections to these properties. 8. Road Network. Verify with VDOT that all proposed roads and related improvements in the power line easement will be allowed. 9. Impact Assessment Statement Wetlands. The application notes the presence of one intermittent stream in the northwest corner of the site. County and USGS maps indicate that there is another stream in the northeast corner of the site. This should be addressed. 10. Traffic Impact Analysis. The Traffic Impact Analysis (TIA) was based on 144,200 square feet of commercial development. The proffer statement calls for up to 158,000 square feet of commercial floorspace. Traffic impacts will thus be greater than those modeled in the TIA. Please correct. Page 3 Mr. Patrick Sowers RE: Proposed Rezoning of Orrick Commons January 26, 2006 11. Traffic Impact Analysis. TIA Table 1 lists 2008 "Other Developments The TIA has double counted one project. The Butcher Property is the same as Briarwood III, which is now known as Steeplechase. It will contain 69 single family detached units. 12. Traffic Impact Analysis. TIA Figure 9 shows the 2008 Build -Out Lane Geometry and Levels of Service. Site Driveway #1 on Greenwood Road is projected to have level of service B(D). The Comprehensive Policy Plan calls for Level of Service C or better on roads adjacent to and within new development. Even with the suggested improvements in the TIA, Level of Service C is not provided at site Driveway #l. Similarly, Level of Service D(F) is projected for the intersection of Channing Drive and Senseny Road. As you are aware, the improvements to this intersection are proffered by others, but the other responsible party is not obliged to put in the improvements until his first B2 site plan is submitted or until residential traffic warrants the improvements. Given this proposed B2 rezoning, it is possible that the improvements by others may not take place for many years. (I would note that the D(F) level of service at this particular intersection will result with or without this proposed development.) 13. Traffic Impact Analysis. It is important to understand that the application must address transportation based on the Comprehensive Plan as well as the impacts projected in the TIA. 14. Proffer Statement Land Use. Proffers 1.1 and 1.3 are unnecessary as they repeat the Zoning Ordinance. Proffers should be an enhancement to County ordinances, not a restatement of ordinances. 15. Proffer Statement Land Use 1.4. The applicant has proffered a maximum of 175 age restricted units provided as a mixture of single family detached and multi family units, as allowed in the Zoning Ordinance. 1 suggest that the maximum number of units not be specifically proffered. Since the County is undertaking its UDA study and densities may change, deleting the maximum number of units will keep options open. Also, I would suggest using the word single family, rather than single family detached. Again, this keeps options open. 16. Proffer Statement Home Owners Association 3.2. This proffer states that the HOA will not be responsible for open space dedicated to public use. This contradicts proffer 8.1 which states that the HOA will be responsible for the 3.5 acre park which will be open to the public. Page 4 Mr. Patrick Sowers RE: Proposed Rezoning of Orrick Commons January 26, 2006 17. Proffer Statement Transportation. The transportation proffers are missing a timing element. Each proffer must state specifically what event triggers the proffer; for example before the issuance of the first building permit. 18. Proffer Statement Transportation 6.2. The applicant will need to verify with county staff and VDOT that there is sufficient right -of -way to accommodate the long range road plans. 19. Proffer Statement Transportation 6.4. This proffer refers to a transportation proffer associated with the Channing Drive Rezoning. The developer of that project is not obligated to build or provide funding for a portion of the new turn lane at Senseny Road and Greenwood Road until he begins his commercial development. Therefore, the applicant may be responsible for 100% of the improvements called for in proffer 6.4. Please restate proffer. 20. Proffer Statement Transportation 6.5. The applicant will need to verify with county staff and VDOT that this is sufficient right -of -way to accommodate long range road plans. 21. Proffer Statement Transportation 6.6. This would be an appropriate place to include the pedestrian design features sought in paragraph 6 above. 22. Proffer Statement Building Materials. This would be an appropriate place to include the design features sought in paragraphs 3 and 4 above. 23. Proffer Statement Park. Proffers go beyond ordinance requirements. Therefore, the County will view the 3.5 acre park and its amenities as above and beyond the Zoning Ordinance requirements for open space and recreation units 24. Proffer Statement Landscaping. Proffer 9.1 as written is unnecessary as it repeats the Zoning Ordinance. This would be an appropriate place to include the enhanced landscaping sought in paragraphs 3 and 4 above. 25. Proffer Statement Signage. Proffer 11.1 as written is somewhat redundant as it repeats the Zoning Ordinance. The reference to Exhibit A is too vague. This would be an appropriate place to include limits on the number, size, design and placement of signs as sought in paragraph 3 above. 26. Generalized Development Plan (GDP). The GDP is an opportunity to illustrate many of the design features that will be included in this application. Page 5 Mr. Patrick Sowers RE: Proposed Rezoning of Orrick Commons January 26, 2006 27. Generalized Development Plan (GDP). It appears from the Proffered GDP that the entrance to the property on Greenwood Road does not line up with Green Park Drive. The Zoning Ordinance, Section 165 -29, requires new driveways to align with other access features. The entrance on Greenwood must align with Green Park Drive. The County will not accept a proffered GDP that conflicts with the Zoning Ordinance. 28. Generalized Development Plan (GDP). The GDP should show that a road connection will be provided between the commercial portion of the site and the residential portion. It may not be in the best interest of the future residents of Loganberry Avenue to have that road as the connection between the commercial development and Farmington Boulevard. Internal access within the Orrick site would be a better option. Also, road access from Farmington Boulevard to Ladyslipper Road will need to be provided. 29. Generalized Development Plan (GDP) Commercial Entrances. The GDP shows two main entrances to the commercial portion of the site: one on Senseny Road and one on Greenwood Road. The applicant should make explicit that no other commercial entrances will be provided along Senseny Road or Greenwood Road for the future outparcels. 30. Development Impact Model. As you are aware, Frederick County has a new Development Impact Model. Staff only runs the model for applications with a mix of commercial and residential development, and only gives credit for commercial floorspace that is proffered. Therefore, staff has run the new model for this development based on 55,000 square feet of retail space, 88 single family detached units and 87 multi family units (the mix currently allowed by the Zoning Ordinance). The results of the model run are attached. The results are only relevant for this precise retail floorspace and the 88/87 split. Any other combination of floorspace, number of residential units or types of residential units will lead to a different result. The applicant is expected to address the impacts of development as contained in the model output. 31. 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 School Department, Frederick County Sanitation Authority, Frederick Winchester Health Department, Winchester Regional Airport, Greenwood Fire and Rescue Company and the Frederick Winchester Service Authority. The proposed proffer statement has been forwarded by staff to the Frederick County Page 6 Mr. Patrick Sowers RE: Proposed Rezoning of Orrick Commons January 26, 2006 32. Adjoining Property Owners. Please add two properties (PIN# 55 -A -194 and 55D- 1 -34A) to the list of adjoiners. Also. a number of the adjacent property owners have changed; please update. Six PINS (55J -1 -9 -194 through 55J -1 -9- 199) are incorrectly listed; please correct. 33. Fees. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre, and a $50.00 public hearing sign fee. Thus, a total of $8,617.00 is due upon submission of the official rezoning application. This is based on fees as of January 27, 2005. Fees may change. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. I look forward to working with this you on this unique project. Sincerely, fAz. Susan K. Eddy, AICP Senior Planner SKE/bhd Attachment Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. cc: Paramount Development Corporation, c/o David Harner, 607 Briarwood Drive, Suite 5, Myrtle Beach, South Carolina 29572 Orrick Cemetery, Inc., 501 S. Braddock St., Winchester, VA 22601 WILBUR C. HALL (1892 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: A PARTNERSHIP OF PROFESSIONAL CORPORATIONS 1 E. 7 EAST MARKET STREET LEESBURG, VIRGINIA TELEPHONE 703 7771050 ATTORNEYS AT LAW January 30, 2006 Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning Development 107 North Kent Street Winchester, VA 22601 HALL, MONAHAN, ENGLE, MAHAN MITCHELL 9 EAST BOSOAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540-662 -3500 FAX 540 642 4304 E IOwyers @halhOOnahan COT Re: Orrick Commons (Orrick Cemetery Company, Inc.) Proposed Proffer Statement JAN 3 1 2006 J 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 form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. 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. 2. With respect to the proffer set forth in paragraph 1.1 and 1.3, these paragraphs really do not constitute proffers, as they merely say that the property in the B2 district and RP district will be developed in accordance with the B2 zoning regulations and the RP regulations, respectively. This is not a proffer to do something Susan K. Eddy January 30, 2006 Page 2 HALL, MONAHAN, ENGLE, MAHAN MITCHELL which is more than is already required by ordinance. The second sentence of each of these two proffers would appear to be redundant, and also suggests that the County may approve development on the property which is not in accordance with the zoning ordinance regulations. 3. With respect to the proffers set forth in paragraph 1.2, which sets forth a maximum of 158,000 square feet of commercial development, I would note that this proffer does not contain a proffer for a minimum square footage of commercial development (except as may be implied by proffer paragraph 1.6). 4. While the second paragraph on page 1 of the proffers states: "The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or include the improvement or other proffered requirement, unless otherwise specified herein it is my recommendation that the individual proffers be more specific as to when the proffered improvement will be completed. This would apply to proffer paragraphs 6.2 (traffic signal, construction of left turn lane, construction of right turn lane); proffer paragraph 6.5 (dedication of right -of -way); proffer paragraph 6.6 (interconnected pedestrian network); and proffer paragraph 8.1 (construction of 3.5 acre park). 5. With respect to the proffer contained in paragraph 6.6 (interconnected pedestrian network), I would recommend that the proffer set forth the minimum t -design requirements IOr file pedestrian network, unless those o uvb� re C are adequately addressed by ordinance. 6. I would note that in proffer paragraph 7.1, the last two sentences are very general in nature. If the architecture and color scheme are important to the County's consideration of this rezoning request, then these last two sentences should be made somewhat more specific. Susan K. Eddy January 30, 2006 Page 3 7. Paragraph 9.1 does not really constitute a proffer, as the applicant would be required to meet the landscaping requirements of the Frederick County Code in any event. The second sentence of this paragraph does not constitute an enforceable proffer. 8. Does the proffer in pa 1 1.1 (Signage) intend to li mit signage the proffer paragraph -'t:` bpi a to that shown on Exhibit A and thereby prohibit free standing signs? If so, that should be specifically stated. 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 HALL, MONAHAN, ENGLE, MAHAN MITCHELL If there are any questions concerning the foregoing comments, please contact yours, g j p trulY f *I iN Robert T. Mitch. Virginia Department of Transportation Comments: See attached comments from VDOT dated January 18, 2006. VDOT Signature Date: 1 j a r Notice to Advisory Board 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 Mailing Address: both roadways. Current Zoning: RA Virginia Department of Transportation Hand deliver to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Winchester, VA 22601 Appl cant x`Please fill "out the information•aas accurately as possible inrorder to assist the rgrnia Department of; Transportation with their; review`+ Attach three copies,o'f your `applicationsform,, ,location map, profferstatement, impact analysis, and any other t:a pertinent information. Applicant's Name: Patton Harris Rust Associates, pc Phone: (540) 667 -2139 c/o Patrick R. Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The subject property is located in the northeast quadrant of the intersection of Senseny Road (Rt 657) and Greenwood Road (Rt 656) with road frontage along Zoning Requested: RA/B2 Acreage: 55.6708 Orrick Commons 1 0 GREGORY A. WHIRLEY ACTING COMMONWEALTH TRANSPORTATION COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE EDINBURG, VA 22824 VDOT Comments to Orrick Commons Rezoning January 18, 2006 The documentation within the application to rezone this property appears to have significant measurable impact on Routes 656 and 657. 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 Orrick Commons Rezoning Application dated December, 2005 addresses transportation concerns associated with this request. While the proposed proffers appear acceptable, VDOT offers the following comments: 6.1 acceptable 6.2 acceptable 6.3 acceptable 6.4 acceptable 6.5 initially acceptable, but VDOT reserves the right to require additional dedications upon review of the site plan /entrance design. It should be noted that if 250' of separation from the proposed Greenwood entrance and Greenpark Drive cannot be achieved, the developer may be required to align the Greenwood entrance with Greenpark Drive. This would also require the developer to enter into a signalization agreement with VDOT. 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. VirginiaDOT.org WE KEEP VIRGINIA MOVING Fire Marshal's Comments: C� H7�74G1E Fire Marshal's Signature Date Notice to Mars)a A -drAr Please Return This Form to the Applicant Rezoning Comments Mail to: Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540) 665-6350 'Applicant:, Please fill out the rnformation'as as "possible 111 order to assist the Frederick County'Fi're Marshal with his review' 'Attach a copy'of your application form,rloeatron map, proffer statement, impact analysis; and any other, pertinent information. a t ,w' Applicant's Name: Mailing Address: both roadways. Frederick County Fire Marshal Patton Harris Rust Associates, pc Phone: (540)667 -2139 c/o Patrick R. Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Hand deliver to: Frederick Co. Fire Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., 1 Floor 107 N. Kent Street Winchester, VA 22601 Location of Property: The subject property is located in the northeast quadrant of the intersection of Senseny Road (Rt 657) and Greenwood Road (Rt 656) with road frontage along Current Zoning: RA Zoning Requested: RA/B2 Acreage: 55.6708 Orrick Commons 13 Control number RZ05 -0015 Project Name Orrick Commons Address 117 E. Piccadilly St. Type Application Rezoning Current Zoning RA Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Access Comments Additional Comments Plan Approval Recommended Yes Date received 12/16/2005 Tax ID Number 55 -A -201 Emergency Vehicle Access Comments Maintain access during all phases of construction, City Winchester Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Not Identified Roadway /Aisleway Width Not Identified Reviewed By J. Bauserman Applicant PHR &A Fire District 18 Title Date reviewed 12/19/2005 State Zip VA 22601 Rescue District 18 Fire Lane Required Yes Special Hazards No Date Revised Applicant Phone 540 -667 -2139 Election District Redbud Residential Sprinkler System No Municiple water supply for firefighting must be available as soon as combstible materials arrive on site. PLANS APPROVED RIME u' S IAL, FREDE i- i MC coiui r Control number MDP05 -0008 Project Name Crosspointe Center Address 117 E. Piccadilly St. Suite 200 Type Application Prelim. MDP Current Zoning RP B2 Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Yes Date received 11/22/2005 Tax ID Number 75 -A89 City Winchester Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Not Identified Roadway /Aisleway Width Not Identified Reviewed By Jeffrey S. Neal Applicant Patton Harris Rust Associates Fire District 11 Date reviewed 12/5/2005 State Zp Va 22601 Signature Title RE Rescue District 11 Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No Date Revised Applicant Phone 540 662 -2092 Election District Shawnee PLA2� APPRoV GAL, FREDERICK COUNTY Mr. Patrick R. Sowers Patton Harris Rust Associates, p.c. 117 East Piccadilly Street Winchester, Virginia 22601 RE: Orrick Commons Frederick County, Virginia Dear Patrick: January 6, 2006 Provide a detailed wetlands delineation with the master development plan (MDP) submittal. A copy of the MDP should be submitted to the Corps of Engineers for their review and comment. 107 North Kent Street Winchester, Virginia 22601 -5000 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 Orrick Commons and offer the following comments: Refer to page 3 of 6, C. Site Suitability: Include a discussion of the existing power line right -of -way and the impact on the proposed road network and related utility development. Refer to page 5 of 6, D. Transportation; The discussion references the requirement for a right turn lane on westbound Senseny Road for vehicles turning north onto Greenwood Road. Considering this location is outside of the proposed rezoning boundaries, indicate if sufficient right -of -way is available at this location. Refer to page 6 of 6, F. Site Drainage: Indicate what types of low impact development techniques will be employed within the proposed development. Also, delineate how much of the existing vegetation will be preserved as riparian buffers. All permanent storm water management facilities shall be highlighted in the MDP. Refer to page 6 of 6, G. Solid Waste Facilities: This discussion indicates that the homeowners' association (HOA) will be responsible for trash collection within the residential portion of the project. However, the proffer statement, paragraph 3.2 indicates if they decide to use a commercial collection company." This latter Orrick Commons Rezoning Page 2 January 6, 2006 HESIrIs portion of item iii should be removed from the proffer statement, thereby making this a definite requirement of the HOA. Refer to page 3 of 7, proffer statement, paragraph 5. I We applaud the use of BMP facilities. However, the maintenance of these facilities shall be included in the responsibilities of the HOA or commercial property owners. 6. Refer to page 10 of the Traffic Impact Analysis by Patton Harris Rust Associates: Revise the data in Table II to reflect the actual commercial development of 158,000 square feet, proposed in the Introduction paragraph (page I of 6) of the impact analysis. I can be reached at 722 -8214 if you should have any questions regarding the above comments. cc: Planning and Development file Sincerely, Harvey J Strawsnyder, Jr., P.E. Director of Public Works C: \Program Niles \WordPerfect Office 11\ kkondaVfE\ IPC O \1\IENTS \orrirkrommonsrezeom.wpd Inspections Department Comments: Z v Go'/- r e V/ PR Public Works Signature Date: Notice to Inspection Dept. Please Return TlyRorm to t Applicant Rezoning Comments Mail to: Frederick Co. Inspections Attn: Building Official 107 North Kent Street Winchester, VA 22601 (540) 665-5643 Frederick County Department RECEIVED Commons DEC 16 2005 Inspections Department PIALICCWWORX COO 6 INSP�i101� Hand deliver to: Frederick Co. Inspections Department Attn: Building Official 107 North Kent Street Winchester, VA 22601 Applicant:. Please fill•out the information as accurately as possible in order to' assist the Inspections, Department with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other- pertinent information. 0' Applicant's Name: Mailing Address: both roadways. Current Zoning: RA Patton Harris Rust Associates, pc c/o Patrick R. Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540) 667 -2139 Location of Property: The subject property is located in the northeast quadrant of the intersection of Senseny Road (Rt 657) and Greenwood Road (Rt 656) with road frontage along Zoning Requested: RA/B2 Acreage: 55.6708 12 Fred -Winc Service Autherity''s Cominentyr no Cc,n'lm 0t6 Frcd-Winc Service Au ho `ty's Signature Date: Ult t4,C '2 i PC7I 2) Notice to Fred -Wiuc Service Authority Please.Return Tfiis:Form to the Applicant Feb 15 06 04:49p FRED WING SERV AUTHORITY 540 722 1103 Rezoning Comments Mail to: Fred -Winc Service Authority Attn: Jesse W. Moffett, Executive Director F.6: Box 43 Winchester, VA 22604 (540) 722-3579 frtderick- Winchester Service Authority Hand deliver to: Fred -Wine Service Authority Attn: Jesse W. Moffett =1417 North Kent Street Winchester, VA 22601 Orrick Commons ApptirAnt:_. Please fill out. the as accurately as in order to assist the Department of Public Works with their review. Attatfraropy ofyourapglication form, location neaps phi st t i4opeettana}ysis and'atry other pertinent information Applicant's Name: 'Patton Harris Rust Associates, pc Mailing Address: c/a Patrick It Sowers 117E Piccadit }y Street, Suite 200 Winchester, VA 22601 Location of Property:.. The subject property is located in the northeast quadrant of the intersection of Senseny Road (Rt 657) and Greenwood Road (Rt 656)with road frontage along both roadways, Current Zoning: RA Zoning Requested:.. RA/B2 Phone: (540) 667 -2139 Acreage:- 53.6708 24 p. 2 1 Sanitation Authority Comments: r0///n9,4 W /7, 705g IA/ATf.4 57SW4-7? COti/y/1,&1/ A1AUDF i4/ Ti ,¢i°/°L/C.l ral" 7 Sanitation Authority Signature Date: AA.- AR CASe oS Notice to Sanitation Author' 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: c/o Patrick R. Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 both roadways. Current Zoning: RA Frederick County Sanitation Authority Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA Location of Property: The subject property is located in the northeast quadrant of the intersection of Senseny Road (Rt 657) and Greenwood Road (Rt 656) with road frontage along Zoning Requested: RA/B2 Acreage: 55.6708 Applicant: Please fill out the information as accuratelyias possible in order to assist the Sanitation Authority with their review. Attach ar-copy of, your application form,, location map, proffer statement, impact analysis, and any other Patton Harris Rust Associates, pc Phone: (540)667 -2139 0819/ cl< C0714,14.04/5 16 Fredrick— Winchester Health De artment's Comments: br, v Signature Date: l2 /4 Notice to Health Department Please Return This Form to the Applicant Rezoning Comments Mail to: Frederick- Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Applicant's Name: Mailing Address: both roadways. Current Zoning: RA Patton Harris Rust Associates, pc c/o Patrick R. Sowers 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 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 i)11005 o uG oS I Lc1a.00 Applicant Please fihrout information -as accurately as 'possible in order`to assist the Frederick Winchester Health Department with their review `Attach a copy of your application fornt,, locationamap,proffer statement impact analysis, and any other, pertinenfinformation.,: s Phone: (540) 667 -2139 Location of Property: The subject property is located in the northeast quadrant of the intersection of Senseny Road (Rt 657) and Greenwood Road (Rt 656) with road frontage along Zoning Requested: RA/B2 Acreage: 55.6708 Orrick Commons S- ►a -a nexar15 17 Dept. of Parks Rcreation-Coinments: The proposed plan appea rs .to provide armonetary proffer consistent with the county model fo-r ihis .housing type. The deteloper has' also' indicated that a public recreational park, including playground eguipment equivalent to monetary value of the -required-recreetional. units, will be- located within the 3.5 acres of open space provided. Plan also shows a bike trail, meeting Frederick County Parks and Recreation Department standards, alo Senseny Roa and Greenwood Road syWaritctfyaiie maintained by the development. /47,4 Notice to Dept. of Parks Recreation L Please turn This to the A ant 2- 16 -06; ..CCP[d.;FPEDERICF Co PgrKs Rezoning Comments Mail to: Frederick County Dept .of Parks Recreation_ 107 North Kent Street Winchester,'VA 22601 (540) 665-5678 Frederick County Department of Parks Recreation alai Please itll out the Orntuo enL` 11 eoFeatrar[ w� t's- 1 a Y"'{*ad7r'� loeat�onfmap iroffer,stafe ke analy as ewate15? -p $o ible et of is abd•,any; otli perti e Applicant's Name: Patton Har isRust&- Associates pc Mailing Address: c/o Patrick R. Sowers Hand deliver to: FredericicCbunty Department of Parks Recreation Co. Administration Bldg., 2 Floor t07 North Kent Street Winchester, VA 22601 117 E. Pk, adittYStreet, Suite 2 Winchester,VA 22601 Location of Property: The subject property is locate&in the northeast quadrant of the intersection of Senseny Road (Rt 657) -and Greenwood Road (Rt 656) -with road frontagealong both roadways. Current Zoning: RA Zoning-Requested:- RA/B2-• Acreage: 554708 ;5405559957 1/ Phone: (540)467 -21 -39 Orrick Commons 14 Administrative Assistant to the Superintendent Dear Mr. Sowers: SMK:dkr Mr. Patrick Sowers Patton, Harris, Rust Associates, pc 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Orrick Commons Rezoning Proposal era'' Frederick County Public Schools Visit us at www.frederickkl2va.us January 16, 2006 e-mail: kapocis@frederick.k12.va.us This letter is in response to your request for comments regarding the rezoning application for the proposed Orrick Commons rezoning project. Based on the information provided, it is anticipated that the proposed 175 single family and multi family units will have no impact on the school division upon built -out due to the units being age restricted. Respectfully yours, cc: William C. Dean, Ph.D., Superintendent of Schools Al Orndorff, Assistant Superintendent for Administration Charles Puglisi, Director of Transportation Stephen M. Kapocsi Administrative Assistant to the Superintendent 540- 662 -3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604 -2546 FAX 540- 662 -3890 Winchester Regional Airport's Comments at ('+,C(9.. Winchester Regional Airport Signature Date: 0ItSi 1 7, I (n1 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 Applicant's Name: Mailing Address: Location of Property: both roadways. Winchester Regional Airport 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA Applicant: Please fill out the,information as'aceurately as possible in order to assist the Winchester Regional-Airport with their' review. "Attach' a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Patton Harris Rust Associates, pc Phone: (540) 667 -2139 c/o Patrick R. Sowers The subject property is located in the northeast quadrant of the intersection of Senseny Road (Rt 657) and Greenwood Road (Rt 656) with road frontage along Current Zoning: RA Zoning Requested: RA/B2 Acreage: 55.6708 Orrick Commons 21 February 6, 2006 WINCHESTER REGIONAL AIRPORT Patrick R. Sowers Patton Harris Rust Associates, pc 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comments Orrick Commons Redbud Magisterial District Dear Mr. Sowers: 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 -2422 The above referenced proposal was reviewed. While the proposed development lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan should not impact operations at the Winchester Regional Airport. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, Pn(V-M"U1/44 Serena R. Manuel Executive Director January 19, 2006 Mr. Patrick Sowers Gilbert W. Clifford Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Request for Historic Resources Advisory Board (HRAB) Comments Orrick Commons Rezoning; PIN# 55 -A -201 Dear Mr. Sowers: 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 I -IRAB. 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. 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 /bad 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395