Loading...
HomeMy WebLinkAbout03-17 Comments (3)Evon Wyatt From: Rod Williams <rwillia@fcva.us> Sent: Saturday, May 06, 2017 9:18 AM To: Evan Wyatt cc� . Candice Perkins Subject: Re: Rutherford Crossing Revised Proffer Statement Dear Evan, I have now reviewed the revised proffer statement, dated April 19, 2017, and find it would be legally sufficient as a proffer statement. Sincerely, Rod Sent from my iPad On May 3, 2017, at 2:36 PM, Evan Wyatt < wrote: Thanks Rod - I appreciate it! Sent from my iPhone On May 3, 2017, at 2:35 PM, Rod Williams <rwilliaC)fcva.us> wrote: Evan — Thanks for checking in. I will try to be sure have reviewed and provided any further comments by early next week. 00 From. Evan Wyatt [mailto•ewyatt@cjreenwayena com] Sent: Wednesday, May 03, 2017 10:45 AM To. Rod Williams Cc.: Candice Perkins uoject-, Rutherford Crossing Devised Proffer Statement Hi Rod, I hope this message finds you doing well. I wanted to touch base today in the event you will be out for the Bloom the next couple of days to see if you will have a chance to review and comment on the revised proffer statement that I submitted last week. i -net with Candice and this updated comment will allow me to file the rezoning before the cut-off next Friday. Please contact me if we need to discuss anything and I will be glad to stop by your office next week if necessary. Thanks, Evan Evan A. Wyatt ( Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 P c7ne: 540.662.4185 "i=e: 540.974.2701 Yap. 540.722.9528 COUNTY of FREDERICK 1 od€rick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwilliagco.frederick.va.us March 30, 2€117 ViA E-r%A I. AND PaGULAR MAIL Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 Re: Rezoning Application — Rutherford Crossing Parcel 43-A-99 Proffer Statement dated March 7, 2017 Dear Evan: You have submitted to Frederick County for review the above -referenced proffer statement (the "Proffer Statement") for the proposed rezoning of Tax Parcel Number 43- A-99 (the "Property"), 49.23± acres, more or less, in the Stonewall Magisterial District, from the Ml (Light Industrial) District., with proffers, to the B2 (General Business) District, with proffers, acid the Ml (Light Industrial) District, with revised proffers. 1 have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: • In the second paragraph of ``Preliminary Matters", For clarity, it may be best to, split the sentence into two sentences at the semicolon and for the second sentence to begin with "The portion to be rezoned from the lull, Light Industrial District to the 1.32, General Business District is that portion more particularly identified by metes and bounds on page 3 of the `fiat Showing Street Dedication ....... • In Proffer 132, also for clarity, immediately following; the reference to Tax Parcels 43•-•A-98, 43•.A-99 and 43--A-100, it may be best to add a parenthetical stating "(as 107 North Kent Street • Winchester, Virginia 22601 Mr. Evan Wyart March 30, 2017 Page 2 the acreage of those parcels then existed at the dyne of approval of RZ# 17-05 and including such parcels as may have since been subdivided from those parcels)". • Also with respect to Proffer 132, staff should be aware that the proffer commits only to "specifically attributable" transportation improvements and that state laxh? only requires use of that particular standm-d, for residential rezoniigs. 1 have not reviewed the substance of the proffers as to whether tine pror�rs are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincerely, Roderick.-*illiams County Attorney cc: Candice Perkins, Assistant Director of Planning & Development (via e-mail) Rezoning Comments Vs"rglsn a 0epartn en5t ofriansportation Mk l loa Virginia Department of Trarsportatior. Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Nsyef te: �Ji: gtma Department of Transportation Atte: Resideni Engineer 2275 Northwestern pike 'W;ncl.este , A6,rginia 22603 �;.p,pi&csnf;_Please ll out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach thi ee copies of yoLgr applicattlofi forfa, location map, proffer statement, €mptIct aaal!Ysis, and any other pertinent Applicant's Name: Greenway Engineering Telephone: (540) 662-4165 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Locatlon of property: Fronting on the southeast side of Alalcet Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Cenier Current zoping: -? _ — Zoning requested: R_2 (portion) Acreage: 22.16± Ac 'r'ir- b-ni ;. Ise �vF t�e� ec7L of Mw, . -� {', a"1'� ratL,,.l�z e±ie��©e.. �..o� +"r2'ras: VDOT Signature & Date`: Noti=ce to T 0T - Please Re -turn Fo m to .applicant: 20 Evan Wvatt From: Funkhouser, Rhonda (VDOT) <Rhonda.Funkhouser@VDOT.Virginia.gov> Sent. Tuesday, April 18, 2017 4:25 PM To: Evan Wyatt Cc- `John Bishop`; Smith, Matthew, P.E. (VDOT) Subject: Rutherford Grossing Parcel 43-A-99 - VDOT Comments to Rezoning Attachments: Scanned from EDNXerox.pdf A VDOT review has been completed on the Rutherford Crossing Parcel 43-A-99 Rezoning dated March 7, 2017 and received by this office March 13, 2017. VDOT is satisfied with the transportation proffers offered in this rezoning application. Thank you for allowing us the opportunity to comment. Matthew B. Smith, P.E. I- _ Virginia Department of Transportation f 4 y �- Matthew. Smith@vdot.virginia.gov Evan Wyatt From: John Bishop <jbishop@fcva.us> 'dent: Monday, April 10, 2017 1:06 PM To: Evan Wyatt Cc: matthew.smith@vdot.virginia.gov; Candice Perkins Subject: Rutherford Crossing Evan; Regarding the request for TIA waiver and proffers for Rutherford Crossing I have the following for you. 1. 1 see no issue with the TIA waiver request and determine that you do not need a new TIA at this time. 2. Regarding the transportation proffers I have concern over the use of the `specifically attributable' language. While I understand that this language has been used in recent legislation, that legislation focused on residential and not commercial development. If this development does find itself in a position that it would begin to exceed the traffic generation contemplated in the original rezoning it will be important to view that increased development from the perspective of conditions at that time. Thanks John John A. Bishop AICP Assistant Director — Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 March 27, 2017 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 IIE: Proposed Rezownl for Rutherford Crossing Property Identification Number MIN): 43-A-99 Dear Evan: I have had the opportunity to review the draft rezoning application for the Rutherford Crossing property. This application seeks to rezone a 22.16 acres from the M1 (Light Industrial) District with proffers to the B2 (General Business) District with proffers and 27.07 acres from the M1 (Light Industrial) District with proffers to the 1\41 (Light Industrial) District with revised proffers. Staff's review comments are listed below for your consideration. I. Northeast Land Use Plan. The 2035 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies this property with an industrial land use designation. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the visibility of this site, its location on Martinsburg Pike and the 1-81 interchange and the amount of commercial land in close proximity to this site, the requested commercial may be acceptable. 2. Proffer 3 -- Transportation Enhancements. Proffer 131 should be revised to remove "Administrator" from the dedication language. Proffer B2 states "specifically attributable" transportation improvements, Staff would note that the Code of Virginia only requires the use o- Ehcit Particular Standard for resioentia`i r czonings. 3. Transportation Cornrnents. Please note that transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 4. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Page 2 Mr. Evan Wyatt RE: Rutherford Crossing March 27, 2017 Works, Frederick County Fire Marshall, Frederick County Sanitation Authority, the local Fire and Rescue Company, and the County Attorney. ees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application includes a $10,000.00 base fee plus $100.00 per acre. 6. Special Limited Power of Attorney. Please have the property ovrners 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 addresses'; before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director Attachment CEP/pd re onj-ng C'o - eats City of Winchester Mail to: Winchester City Planning Department Attn: Planning Director 15 North Cameron Street Winchester, Virginia 22601 (540) 667-1815 ;rtanu deliver to: Winchester City Planning Department Attn: Planning Director Rouss City Hall 15 North Cameron Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the City of Winchester with their review. Attach a copy of your applicationform±, location map, proffer statement, impact analysis,, and any other pertinent information. Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Location of property: Fronting on the southeast side of Market Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center Current zoning: M-1 Zoning requested: B-2 (Portion) Acreage. 22.16± Ac 0, of Y`11 i UMI.Tients: /Z.S• e`70 v �syl��F` �..1. 'S4 6 v' City of Winchester's Signature & Date: j '7 Notice to C VY—d"linchester - Please .return This Form to the Aplicant 29 Evan Wvatt From: Helm, Richard <rhelm@fredwin.com> Sent: Wednesday, April 12, 2017 5:52 PM 07 Evan Wyatt Cc: Eric R. Lawrence Subject: Re: Rutherford Crossing Rezoning Application Attachments: City Public Services Comments 3-24-17.pdf As lond as Eric Lawrence and FCSA are comfortable with it, I have no comment. Get Outlook for Android On Wed, Apr 12, 2017 at 3:04 PM -0400, "Evan Wyatt" <ewyatt@greenwayeng.com> wrote: Hi Dick, It was good talking with you this afternoon. As discussed, please advise if FWSA has any comments specific to the rezoning application request in addition to those provided by the City Public Services Director (see attached). If not, please respond to this message accordingly and I will use this for the rezoning application filing packet. Thanks again, Evan Evan A. Wyatt I Director of Land Planning 151 windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Pi cone: 540.974.2701 Fax: 540.722.9528 Web: wrww.GreenwayEng.com email: ewyaft@greenwayeng.com .E EN11 AY 1 Rezoning Comments Frederick County Fire Marsha; Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540)665-6350 Hand deliver to: Frederick County Fire &. Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Winchester, Virginia Applicant: Please till out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Brame: Greenway Engineering Telephone: (540) 662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Fronting on the southeast side of Market Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center CUrrent zoning: M-1 _ Zoning requested: 6`2 (portion) Acreage: 22.16 Ac Fite Marshal's Comments: Fire Marshal's Signature & Date.,. -,,.Z, Notice to Fire Marshai - Please return This Form to the Applicant 22 RECEIVED MAR 1. 3 tuY Date Received 3/13/2017 Frederick 108x0 CT oversione Drive lVinchester, UA 22602 (540) 665-6350 Fax- (540) 673-4739 Elle l:fm��cva.rrs Flan Review & Comments Plan/Permit Type Rezoning 03-1347 Name Rutherford Dressing Parcel 43-A-99 Address Market St/Milton :Ralf Dr Winchester Project Name Rezoning 03-13-17 Applicant Name & Number Greenway Engineering 540-862-4185 RE# Permit Number Emergency Vehicle Access: Hydrant Location: Siamese Location: Fire Lanes Required: Plan Approval Status Comments Adequate Inadequate Adequate Inadequate /A Adequate Inadequate ' 7A/ Yes No XA i Signature: Reviewed By: Kenneth Scott, Jr. Title: �n c, �i✓' Date Reviewed 3/17/2017 VA 22502 COUNTY of FREDEMCK Department of Public 'Works 540/665-5643 FAX: 540/678-0682 April 19, 2017 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Rezoning: Rutherford Crossing — Parcel 43-A-99 Frederick County, Virginia Dear Mr. Wyatt: Upon review of the subject rezoning request, we offer the following comments: A comprehensive review of stormwater management, erosion and sediment control, site grading, etc. will be performed at the time of site plan review. 2. Any proposed disturbance of wetlands, flood plains, etc. shall be carefully mitigated and submission of any federal, state or local environmental permits shall be submitted at the time of land disturbance application. 3. As part of the original Rutherford Crossing development, off-site drainage improvements were performed on the DeHaven property. A review and inspection of the downstream properties shall be performed by the developer, downstream property owner and Frederick County staff to ensure the channel improvements are functioning as designed and constructed. During this inspection, we want to ensure no erosion and degradation of the channel is occurring. If it's determined that impacts are occurring, the channel work shall be performed as part of the new development. It is possible that additional stormwater management controls on site could be necessary. The stormwater design requirements shall comply with Frederick County Chapter 143 and VADEQ requirements. We offer no addition comments. We recommend approval of the subject rezoning. Sincerely, rz r Joe C. Wilder Director of Public Works JCW/kco cc: Planning and Development file 107 North Kent Street, Second Floor, Suite 200 e Winchester, Vlr-ginla 22601-5000