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Home My WebLink About06-06 CommentsHALL, MONAHAN, ENGLE, MAHAN MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892 -1972) 7 307 EAST MARKET STREET 9 EAST BOSCAWEN STREET THOMAS V. MONAHAN (1924 SAMUEL 0. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA O. LELAND MAHAN TELEPHONE 703 777 1050 TELEPHONE 540882-3200 ROBERT T. MITCHELL, JR. FAX 540 -552 -4304 JAMES A. KLENKAR E lawyers @hallmonahan.com STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. HAND DELIVERED Dear Mike: March 27, 2006 Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning Development 107 North Kent Street Winchester, VA 22601 Re: Cedar Meadows Age- Restricted Community (Jasbo, Inc. Sparks Property, L.L.C.) Proposed Proffer Statement PLEASE REPLY TO: 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. I assume that the second paragraph under "Preliminary Matters" is meant to constitute a legal description of the properties involved in the rezoning. However, on its face it would appear to be inconsistent with the identification of the record owners as Jasbo, Inc. Sparks Property, L.L.C., as the description in the second paragraph seems to reference all of the land being owned by Jasbo, Inc. MAR 2 8 2006 P. 0. Box 848 WINCHESTER, VIRGINIA 22604-0648 Michael T. Ruddy March 27, 2006 Page 2 HALL, MONAHAN, ENGLE, MAHAN MITCHELL 2. My primary comment with respect to this Proposed Proffer Statement is that while it states in Section A that the property will be developed in substantial conformity with the attached Generalized Development Plan, the second sentence, in describing what the Generalized Development Plan shall identify, suggests that the GDP is not currently available. Since I was clot provided with a copy of the GDP, I cannot tell from these Proffers whether the GDP has been submitted. It certainly needs to be submitted as a part of these Proffers. If it has been, then the various Proffers addressing items which are shown on the GDP should specifically reference the GDP. For example, paragraph D I could identify the location of the community center as the location shown on the GDP, rather than stating that the community center "will be located within the park area along the pond." 3. The last sentence in paragraph D3 states "The maintenance access drive shall not be utilized as a public access drive for the Sherando Regional Park." This seems to present a question about how that Proffer will be enforced. Does the GDP suggest a design for the access drive to deter utilization as a public access to the park? Is the Applicant to take other measures, such as gates or signs, to implement this provision? 4. Throughout the Proffer Statement, there needs to be included the time by which a specific item will be performed, including, without limitation, construction of the trails (D2) conveyance of the easement (D2), construction of the maintenance entrance and access drive (D3), dedication for future road widening (D3), and construction of right turn and taper lane (D3). 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. Michael T. Ruddy March 27, 2006 Page 3 me. RTM /msp -ks HALL, MONAHAN, ENGLE, MAHAN MITCHELL If there are any questions concerning the foregoing comments, please contact my yours, Robert T. Mit Cedar Meadows Rezoning Evan Wyatt From: Ingram, Lloyd Lloyd.Ingram @VDOT.Virginia.gov] Sent: Thursday, March 09, 2006 2:13 PM To: Evan Wyatt Cc: Ingram, Lloyd; 'Eric Lawrence' Subject: Cedar Meadows Rezoning The documentation within the application to rezone this property appears to have a measurable impact on Routes 636, 642 and 277. These routes 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 Cedar Meadows Rezoning Application dated July 1, 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 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. Lloyd A. Ingram «...OLE_Obj...» Transportation Engineer VDOT Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984 -5607 (fax) 3/9/2006 Page 1 of 1 Fire Marshal's Com 7 .06 A Fire Marshal's Signature Date: Notice to Fire Mars 1Please Return This Form to the Applicant Rezoning Comments Mail to: Frederick County Fire Marshall Attn: County Planner 107 North Kent Street Winchester, Virginia, 22601 (540) 665 -6350 Frederick County Fire Marshal Hand deliver to: Frederick County Fire Rescue Dept. Attn: Fire Marshal County Administration Bldg., l Floor 107 North Kent Street Winchester, Virginia l ECE tr J A 6 ormation a s accurately as:possible order to ass si ['the y o u liltl R*+ u a4 n.p e,.�, IX a 4 k 3� F 3L'd F rederi k C ounty Fue�Ma shall wkth theei review Attach a c opy,�of your apph f ora, e tlocationtmap, proffer statem hnpact`a nalysis,,and ,any,othe r pertmentxii forma lrcant ease Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 29.70± -acre subject site is located on the west side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642). Current zoning: RA District Zoning requested: RP District Telephone: 540- 662 -4185 Acreage: 29.70± Control number RZ06 0001 Project Name Cedar Meadows Age Restricted Community Address 151 Windy Hill Ln. Type Application Rezoning Current Zoning RA Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access shall meet the r in'.nluin rei uirrnonls of NFPA 11 t11 Access Comments Date received 1/26/2006 Tax ID Number 75-A -106 r`ederick County Department Officetof the1F,ire, aRevie� t n°Comments b^A:ttt�'q+NUthba£A%Ht'iL`Yt +�C City Winchester Recommendations Automatic Fire Alarm System Residential Sprinkler System Yes Requirements Hydrant Location Not Identified Roadway /Aisleway Width Not Identified Additional Comments Extension of municiple water for firefighting shall meet the requirments of Frederick Co. code section 90 -4 Plan Approval Recommended Yes Reviewed By J. Bauserman Fire District 11 F y t Date reviewed 1/27/2006 Applicant Greenway Engineering State VA Signature 7 Title Zip 22602 Rescue District 11 Special Hazards No Election District Shawnee No Fire Lane Required Yes Date Revised Applicant Phone 540- 662 -4185 k Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Cedar Meadows Age Restricted Community Rezoning Frederick County, Virginia Dear Evan: HES /rls Refer to Page 4. Wetlands: cc: Planning and Development March 8, 2006 Sincerely. Harvey E. 5tvsnyder, Jr., P.E Director of Public Works C: \Program Files \WordPerfect Office 11 Rhonda \TEN I PCO\INIENTS\CEDARD I EADO\tSAC ERESTREZCOM.wpd 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 rezoning application for the Cedar Meadows Age- Restricted Community and offer the following comments: a. The discussion indicates that the existing pond will be incorporated as a central feature in the proposed development. Future designs of this feature should include a detailed evaluation of the existing earth dam to insure its stability during 100 year stonn flows. b. Additional wetland studies might be required downstream of the existing pond to delineate potential wetland areas. These studies should be submitted with the master development plan. 2. Refer to Page 8. Site drainage: We concur with the proposed stormwater management controls. However. we recommend that agreements be established with the parks department to allow point source discharges and possible regrading of stormwater channels to facilitate site grading. I can be reached at 722 -8214 if you should have any questions regarding the above continents. E. >lipiLtkw-tAA-G Sanitation Authority Comments: 4 4,2 14/1 7 F4 2 /SE IN /L 4/,E,ED 7'O 13.E ,E/TL5f4O d 7 M 2 71/2 5 /7.6 70 Welt 4'4 1/4i AT 2 7 7 Sanatation Authority Signature Date: e r, t a_ 30 c/44' O6 Notice to Sanitation Aut s ity Please Return This Form to the Applicant Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia, 22601 (540) 665-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia cant F3 Please fil out ,the "inf rmtton as` accurately {as possible tniorier to assst m` .5+�k g$ t'a l tM Pt n 5 z m w Attac t i i i 3 tat on�Authority w gth their rey�e h a copy of your ap fort location map o a Ter statement, impact,analysis, and anyother ,pertinent Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: 540- 662 -4185 Location of property: The 29.70± -acre subject site is located on the west side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642). Current zoning: RA District Zoning requested: RP District Acreage: 29.70± Fred -Winc Service Authority's Comments: (AO COolt■gt45 Fred- Winc Service Authority's Signature Date: wl/L 17.4 Notice to Fred -Winc Service Authority Please Return This Form to the Applicant Rezoning Comments Frederick Winchester Service Authority Mail to: Fred -Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722 -3579 Hand deliver to: Fred -Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia phcant Please fill outtthe i ormatiowas accurateiwas,possible m order to assist the is. ¢�?s "'nTua a�..�it r� a ��i`+a n,{ �v�. n u,n il ini X47 s F Wuichester Sei vice Auuthori with their review Attach a copy of your apphca o n L form; location map,` proffer statement, 'an d any�otherpertment m f o r`matio s M Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: 540- 662 -4185 Location of property: The 29.70± -acre subiect site is located on the west side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642). Current zoning: RA District Zoning requested: RP District Acreage: 29.70± FEB 1. 2006 4 x7 Winchester Regional Airport's Comments: cakCA f p_e Winchester Regional Airport's Signature Date: 71' t t„'/Y11I 6 I b L Notice to Winchester Regional Airport Please Return This Form to the Applicant Rezoning Comments Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Winchester Regional Airport Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester VA 22602 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia r "TM II r 'a a .fi'2 a 4 Applican t Pl ease f ill out the mformatron as accurately as posi n c g ue st n r d Ads r t wit w t H° t i Winchster Regional Airport h their review Attaeh'a copy location map, proffer= statement;'impactranalysis, andkany; ^otl le m "order to assrst the fi f your „application form, �v,�,t�� czar r�� ier pertineuttinformatwn Current zoning: RA District Zoning requested: RP District Telephone: 540- 662 -4185 Location of property: The 29.70± -acre subject site is located on the west side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642). Acreage: 29.70± February 6, 2006 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Comment Cedar Meadows Opequon Magisterial District Dear Mr. Wyatt: The above referenced Master Plan has been reviewed and it appears that it should not have an impact on operations at the Winchester Regional Airport as the proposed site falls outside of the airport's Part 77 surface. However the site does lie within the airport's airspace and residents could experience fly -over noise from aircraft within that area. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, WINCHESTER REGIONAL AIRPORT 9nt■oiluwRS Serena R. Manuel Executive Director 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 -2422 Department of Parks Recreation Comments: Pt PASP CPP the Attached comments. Pks. Rec. Signature Date 1 i'd J�6� /1/. i J d Notice to Department of Park s'& ecreation Please Return This Form to the Applicant 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 h}.' M ease,. Y F 4 b o `'s Applcan i t I?lease fill,outth tnformauon as accurately as postble m order stthe -0� e. n ed s Y .t '°u.r Y -o:?'r t e&Parks Recrea tton=wt th ,theirreuiew r Attac a$copy, of.your application- form, �.x v a.� i".. t 'f� x 'i w rr sE u 'S x?.1'"` r� x (location map, proffer, stateme timpac t 2 analysrs, and a ot her, p e rturentrinforma t ion Applicant's Name: Greenway Engineering Mailing Address: Location of property: The 29.70± -acre subject site is located on the west side of White Oak Road (Route 636) approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642). Current zoning: RA District 151 Windy Hill Lane Winchester, VA 22602 Hand deliver to: Frederick County Department of Parks Recreation County Administration Bldg., 2 Floor 107 North Kent Street Winchester, Virginia Telephone: 540- 662 -4185 Zoning requested: RP District Acreage: 29.70± p �r hV�Ai; q$ 7006 /7 Cedar Meadows Rezoning Comments The proposed monetary proffer does not appear to offer Frederick County the funds to offset the impact the residents of this development will have on the services provided by the Parks and Recreation Department. The maintenance access easement, for use by the Parks and Recreation Department, should not be included as usable open space for this development. Plan does not appear to indicate the minimum lot size for this development. Because the soils in this area have an extremely slow percolation rate, staff recommends the pedestrian trail, identified on the plan as a nature trail, be hard surfaced and a minimum of six feet in width. This will ensure a safe and usable path for the population being served. Administrative Assistant to Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Wyatt: SMK:dkr 540- 662 -3889 Ext 112 Frederick County Public Schools Visit us at www.frederick.k12.va.us the Superintendent kapocsis @frederick.k12.va.us February 2, 2006 RE: Cedar Meadows Age- Restricted Community Rezoning Proposal This letter is in response to your request for comments regarding the rezoning application for the proposed Cedar Meadows Age- Restricted Community project. Based on the information provided, it is anticipated that the proposed 140 single family homes 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 Omdorff, Assistant Superintendent for Administration Charles Puglisi, Director of Transportation e -mail: Stephen M. Kapocsi Administrative Assistant to the Superintendent 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604 -2546 FAX 540- 662 -3890 March 17, 2006 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Request for Historic Resources Advisory Board (HRAB) Comments Cedar Meadows Rezoning; PIN# 75 -A -106, 107, 114, 115, 116 86 -A -153 Dear Mr. Wyatt: Sincerely, L arruto Candice E. Perkins Planner II CEP /dlw 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 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 HRAB. 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.