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HomeMy WebLinkAbout14-06 Commentsr. December 8, 2005 Mr. John Lewis Painter- Lewis, P.L.C. 116 South Stewart Street Winchester, VA 22601 RE: Proposed Rezoning of Glaize Property Round Hill Dear John: Department of Planning and Deve ent 540/665.5651 FAX: 540/665-6395 I have had the opportunity to review the draft rezoning application for the Glaize Property in Round Hill. This application seeks to rezone 1.38 acres from RA (Rural Areas) District to the B2 (Business General) District. Staff's review comments are listed below for your consideration. 1. Round Hill Community Land Use Plan. The site is within the limits of Phase II of the Round Hill Community Land Use Plan. That plan specifically states that "Development of an area would be dependent on the availability of appropriate infrastructure; therefore, the plan does not recommend rezoning land within the community for commercial development prior to the provision of central water and sewer Water and sewer is not currently available in this part of Round Hill. It would be inconsistent with the Comprehensive Policy Plan to allow this rezoning without the provision of water and sewer. The applicant will need to secure expansion of the Sewer and Water Service Area (SWSA) in advance of this rezoning. As much of Round Hill Phase 1 has received development approval, it would not be inconsistent with the Round Hill Plan for the County to support such a SWSA expansion. The rezoning itself should guarantee water and sewer service to the site. 2. Round Hill Community Land Use Plan. The plan calls for commercial development in the Phase II area; therefore, the proposed use is supported in the Round Hill Plan. 3. Round Hill Community Land Use Plan. The Round Hill Plan also recommends a number of design features for commercial development along Route 50. These include shared entrances. green space along Route 50, bike and walking trails, screening of parking areas, controlling the size and number of signs, required underground utilities and landscaping. All of these design features should be 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Page 2 Mr. John Lewis RE: Proposed Rezoning of Glaize Property Round Hill December 8, 2005 taken into consideration, and may be appropriate as proffers to implement the goals of the Comprehensive Plan. 4. Entrances. The Round Hill Plan calls for "a transportation network that would feed traffic to and from Route 50 at controlled intersections, and discourages the proliferation of entrances along Route 50 itself At present, the site has multiple entrances which are not conducive to safe traffic movements. VDOT will be commenting directly on the engineering and safety aspects of the entrances, but as it exists today, the site is not in conformance with this aspect of the Round Hill Plan. The applicant should consider a layout (presented in the form of a Generalized Development Plan) to improve access management both on Route 50 and on the rerouted Round Hill Road (Route 803). 5. Route 50. As you are aware, road improvements are currently being made to Northwestern Pike (Route 50). The applicant should be prepared to add an additional lane in front of his property to ensure completion of long range transportation improvements. 6. Impact Assessment Statement Traffic. A complete traffic impact analysis was not provided with this draft rezoning. Trip generation figures were based on 15,000 square feet of medical dental office building, which the applicant states will be developed. However, unless a specific floorspace and/or use are proffered, the County will have to assume the maximum intensity of development, as per the rezoning application. For a 1.38 acre B2 site, this would equate to 29,480 square feet of retail. (21,362 square feet of retail use per acre of B2 use) 7. Proffer Statement. The introduction in the proffer statement is unnecessary. The introduction also references a proffer #1 concerning water and sewer service. 1 could not find such a proffer. The County Attorney will be commenting directly on the format of the proffer statement. 8. Agency Comments. Please provide appropriate agency comments from the following agencies: Historic Resources Advisory Board, Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick Winchester Health Department, Round Hill Fire and Rescue Company and the Frederick Winchester Service Authority. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, Sincerely, Addit4 Susan K. Eddy, AICP Senior Planner SKE/bhd cc: Mr. George Glaize, Jr., Glaize Real Estate, 30 North Cameron Street, Winchester, VA 22601 Page 3 Mr. John Lewis RE: Proposed Rezoning of Glaize Property Round Hill December 8, 2005 they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 9. Adjacent Parcels. A list of all adjacent properties, their owners and the owners' addresses are required with the application. Please note that adjacent parcel 52- A-71A (VDOT) is zoned B3, not B2, as stated in the application. 10. 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 $3,188.00 is due upon submission of the official rezoning application. This is based on fees as of January 27, 2005. Fees may change. 11. Special Limited Power of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. 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. Round Hill Glaize Property Rezoning Route 803, Frederick County Page 1 of 1 Susan Eddy From: Funkhouser, Rhonda Rhonda .Funkhouser @VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.Ingram @VDOT. Virginia.gov] Sent: Tuesday, December 05, 2006 1:25 PM To: 'PLC Painter -Lewis (office @painterlewis.com)'; 'John Lewis' Cc: Ingram, Lloyd; 'Susan Eddy'; Copp, Jerry Subject: Round Hill Glaize Property Rezoning Route 803, Frederick County The documentation within the application to rezone this property appears to have a measurable impact on Routes 50 and 803. These route are the VDOT roadways which has been considered as the access to the property referenced. If Frederick County is satisfied with the amount being offered in Proffer Item #8 ($10,000.00), then VDOT is satisfied that the revised transportation proffers offered in the Round Hill Glaize Property Rezoning Application dated November 21, 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 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. 12/5/2006 «SC N_20061205132226_001. pdf» Lloyd A. Ingram Transportation Engineer VDOT r Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984 -5607 (fax) Glaize Property Rezoning VDOT comments Page 1 of 1 Jill Fries From: Funkhouser, Rhonda Rhonda .Funkhouser @VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.Ingram @VDOT. Virginia.govj Sent: Monday, September 18, 2006 7:56 AM To: 'Jill Fries'; 'glaize @verizon.net Cc: 'Eric Lawrence'; Ingram, Lloyd; Copp, Jerry Subject: Glaize Property Rezoning VDOT comments The documentation within the application to rezone this property appears to have a measurable impact on Routes 50 and 803. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Glaize Property Rezoning Application (Route 803) with a revision date of September 1, 2006 addresses transportation concerns associated with this request with the exception of the following item: Traffic from this development will have an impact on the Route 50 corridor. VDOT believes the applicant should participate in the mitigation of the traffic impacts. 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 Transportation Engineer VDOT Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984 -5607 (fax) 10/4/2006 .*I,VIRGINIA rederick County Fire an ;4Department; )fficrof the Fire Marshal an Review and Comment Control number RZ05 -0008 Project Name Intersection Rt. 50W Rt. 803 Address 116 S. Stewart St. Type Application Tax ID Number Rezoning 52 -A -252 Current Zoning RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Yes Date received 9/6/2005 Applicant Painter /Lewis City Stale Zip Winchester VA 22601 Recommendations Date reviewed 9/6/2005 Fire District Rescue District 15 15 Automatic Fire Alarm System Residential Sprinkler System No No Requirements Hydrant Location Fire Lane Required Not Identified No Siamese Location Roadway /Aisleway Width Special Hazards Not Identified Not Identified No Water supply (I.e.fire hydrants) will need to be addressed when site plan is submitted. Reviewed By Jay Bauserman Date Revised Applicant Phone 540 -662 -5792 Election District Gainesboro Rezoning Comments Mail to: Frederick County Fire Marshal Attn: Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665 -6350 K r ar.'MY st Applcant Pl ease fill our the`mformation as accurately poss�bl order to assist t h e a 1 F re d en k C oun t y Fire Marshal w i h h is rev Attach a copy of y our apphcat on locat m p roffer st im pact analysis, and p information. Applicant's Name: TNN C I FLAB Mailing Address: I1(0 S. GTE -1 ARV" ST. Frederick County Fire Marshal Wlrrµrsrr? V4. Z7601 Hand deliver to: Frederick County Fire Rescue Dept. Attn: Fire Marshal County Administration Bldg., 1st Floor 107 North Kent Street Winchester, Virginia Telephone: Location of property: \n/FS —z sine e F CN 6F -rrr.so 'jn4TUT (V 4rwgp/ (gAs- rIsour4n ANT, 1■Mt.. gnaw:* Current zoning: 'lRA Zoning requested: S? 2 Acreage: 1.3 Notice to Fire Marshal Please Return This Form to the Applicant 22 Dear John: HES /rls Mr. John C. Lewis, P.E., C.L.A. Painter Lewis, P.L.C. 116 South Stewart Street Winchester, Virginia 22601 RE: Rezoning Proposal Parcel I.D.# 52 (A) 252 Frederick County, Virginia cc: Planning and Development file September 20, 2005 Sincerely, Harvey E. Strawsnyder, Jr., P.E. Director of Public Works (2: \Program Files \WordPerfect Office II\ Rhonda TEN PCO\ IMENTS \parrel52- A- 252rezcommpd 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 1.38 acre parcel I.D. 52 (A) 252 and offer the following comments: 1) Refer to Page 4, Drainage: Offsite drainage easements may be required to accommodate point source discharges. 2) Refer to Page 4, Solid Waste Disposal Facilities: Correct the first sentence to read the nearest citizens' trash is located on Route 809. McFarland Road. which is off Magic Mountain Road. Actually, the proposed rezoning from RA to B2 will require that the cost of solid waste disposal will be the responsibility of the commercial property owner not Frederick County. The actual impact on the landfill will be insignificant. I can be reached at 722 -8214 if you should have any questions regarding the above continents. 08/04/2006 15:13 5406625793 PAINTERLEWIS PAGE 02 Rezoning Comments Mailing Address: Current zoning: gA )!red- "f.ind Serowe ku Signature &Date: Mail to: Fred -Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Applicant's Name: IRICI r- Lew IS PLC Fred SeFvice Anthoiiiti,'s' Continents: PO Cow�1+�1 OAT 45' fOKU 1!i 5 Frederick Winchester Service Authority I 1 to S Stc S+ tA� In chestec \JA tool 32 Hand deliver to: Fred -Wine Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant Pl till oiiq,the information as a'n as p bdslblC iii iord er to:asstst the; Fred Wma Service Authority wtth tilielk revre v. Attach a; copy[ of otfr applfcahon form location ina itor statement im act aira1 sa slid sth other etti pro �t i y ,p treift VnJI'ortnation. s Telephone: 5 to to; -S7Q. Location of property: Wester Side of Ir rcrScchon nl- 12150, IJorfwes ft. I(c (Fos +bourn) Ond +he flew' RT, $D3 Rouir(hill Road Zoning requested: B a Acreage: 1 038 1 1Q� Notice to Fred -Winc Service Authority Please Return Form to Applicant 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 rApphean`t Please fill o ut the information as accurately possible rp order to t Sanitation Authority,wi h their review Attach ancopy of your application form, l oca map, proffer stateme impact analysis, and;any other' pertinent information Applicant's Name: �,ib C• L�� Mailing Address: Wei A. 4-T uAcz T 4ilitsr a, Ua Location of property: V EsTr J 4,o uF INTEz Fcrl J of QT•CA, Nh2TNU+Gs c z, reek-v: ,+so THE -&z eT e 03 l?ou Current zoning: 2A 7 7_Cr dI Zoning requested: 'M2 25 Hand deliver to: Frederick County Attn: Engineer 315 Tasker Road Stephens City, Virginia Telephone: S ^.o. &&7. C9' Acreage: 1 S 8 Notice to Sanitation Authority Please Return This Form to the Applicant K ^yv f i n Health Dep Rezoning Comments Mail to: Frederick Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722 -3480 Applicant's Name: C. oir,a C. Ly ucs Mailing Address: Current zoning: 1 Frederick Winchester Health Department hcant Pl ease fill out the mfoanation as accurately as- possible nt order toy assist t enck Wme ester Health Department with their review Attach a copy ofyoar applicationtform, Location map, proffer statement, impact analysis, and an other, spei•fineirt.mfor?tmation ziT'F7.3FaT lJ,Nrtt5 5 -Tr2 C,O I Hand deliver to: Frederick- Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia Telephone: Sc. q 4,Gz. Location ofproperty: vY ;Z s Sinc a r SO, I NTWizsk r j vK aF �O P- TI'- (s7F_,ZP Yi L�I' R 4l3c Ay.o -qf E' 8C3 iZ6.1-kpaio- Zoning requested: 1Z, 2 Acreage: 1,3 p, �nchester "Health D'epartment's Comments: Notice to Health Department Please Return This Form to the Applicant 26 B 06905 /b 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 out the mform as accurately as possible to order to assist the z Recreation with their review Att a copy of your application• roffer impact analysis, an any other pertinent s, hcant Pl ease )artment oPPar orm, l.cation map ;In Applicant's Name: Mailing Address: Current zoning: 2A �oNN ll( S. S7 uaszv ST. Okt4c VIrS sit? JA. 726o I 23 Hand deliver to: Frederick County Department of Parks Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Telephone: 54.0, G,c, ��42 Location of property: 1,tYS -r rzy 4to o r_,.TKstStcTio,.) or .sc, qIX'- Tt1WEZ R[J s' cr (FAs- cso -iND' 9 ¶tv 9 0'4 D LL rev. op.a 2 •NS fuct%W) Zoning requested: 1 Acreage: 1.3� Notice to Department d arks Recreation Please Return This Form to the Applicant Administrative Assistant to S d dews M 4 c Frederick Counhy Public Schools e -mail: Visit us at www.frederickk12vaus the Superintendent kapocsis@frederick.k12.va.us Mr. John C. Lewis Painter Lewis, P.L.C. 116 South Stewart Street Winchester, VA 22601 Dear Mr. Lewis: SMK/dkr September 16, 2005 RE: Rezoning Comments for Rezoning Proposal Parcel ID #52 -A -252 This letter is in response to your request for comments concerning the rezoning application for the proposed Parcel ID #52 -A -252 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. Respectfully yours, cc: William C. Dean, Ph.D., Superintendent of Schools Al Orndorff, Assistant Superintendent for Administration Charles Puglisi, Director of Transportation Stephen 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 September 7, 2005 Mr. John Lewis Painter Lewis. PLC 16 South Stewart Street Winchester, VA 22601 RE: Request for Historic Resources Advisory Board (HRAB) Comments Glaize Real Estate Property Rezoning; PIN# 52 -A -252 52 -A -253 Dear Mr. Lewis: 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. It is noted that this property is within the study area of the Second Battle of Kernstown; 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 note that there is a new HRAB application that has been included in the land use application packages. A copy of the new application has been included for future reference. Please call if you have any questions or concerns. Sincerelc- L Cpt,v 0 Candice E. Perkins Planner 11 CEP /bad Attachment 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 WILBUR 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 18 7 EAST MARKET STREET LEESBURG, VIRGINIA TELEPHONE 703.777'1050 ATTORNEYS AT LAW January 27, 2006 Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning Development 107 North Kent Street Winchester, VA 22601 B EAST BOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540-eea-3200 FAX 540'0824304 E MAIL lawyers©Flallmonahan.com Re: Glaize Property Proposed Proffer Statement JAN 3 0 2006 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. 1 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 format 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 second paragraph discusses public water and sewer. It appears that public water and sewer is not currently available to the property. At the end of that paragraph it is stated "See Proffer #1." However, Proffer #1 (the only proffer) does not have anything to do with water and sewer. 1 would suggest that a separate proffer be added, under the Proffers section, which provides that development of the property shall not occur, and no site plan shall be submitted, until public water and sewer is available to the property. 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 conformance 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. 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. 7. 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. Susan K. Eddy January 27, 2006 Page 3 HALL, MONAHAN, ENGLE, MAHAN MITCHELL 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. RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): PROPOSED PROFFER STATEMENT REZONING: RZ. PROPERTY: acres Tax Map Parcel