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Home My WebLink About03-17 Comments151 Windy Hili Lane Winchester, SIA 22602 ENGINEERING April 19, 2017 Frederick County Planning Department Attn: Candice Perkins, Deputy Director 107 North bent Street Winchester, VA 22601 RE: Rutherford Crossing Parcel 43-A-99 Rezoning — Review Agencies Comment Response Letter Dear Candice: The purpose of this letter is to provide you with a comprehensive comment response letter that addresses the Rutherford Crossing Parcel 43-A-99 rezoning comments received from the various review agencies. The comprehensive comment response letter is structured to provide for the specific review agency, the date the comment was received, and information pertaining to each review comment. This information is intended to explain how specific comments have been addressed by the rezoning application or advise why the specific comment was not included in the proffered development program for the commercial redevelopment project. Frederick County Fire Marshai -- Comment dated March 17, 201.7 •�� Rezoning Approved. C. - W hester Public Service-, -�•ommenM blic SiComment dated arci7 24 201.7 �st� �fn Rc.rk •e• The City of Winchester has no comment as water and sewer are provided by FCSA. Frederick Planning Department — lComment dated Larch 27, 2017 i=• The 2035 Comprehensive Plan identifies the property with an industrial zoning designation. 1n general, the proposed commercial rezoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the visibility of the site, its location to Martinsburg Pike and the I-81 interchange and the amount of commercial land in close proximity to this site, the requested commercial may be acceptable. COMMENT RESPONSE: Agreed. The 22.16± -acre portion of the subject property proposed for B-2, Business General District rezoning is the only remaining land area located on the east side of the Winchester & Western Railroad. This portion of the subject property is bound by 'commercial, retail, restaurant and office land use. The depth of the 22.16± -acre portion of the Eagiveers Surv!,F:7;/or-z Planners Fhvirontnei,ta! scientlsl; L.aboyatory Tolephon<.540-662_4185 Fax 540-'722-95,2g Project #2795J/EAW subject property proposed for B-2, Business General District rezoning is approximately 350', which is fnore conducive for commercial, retail and restaurant land use than industrial land use. These factors demonstrate that the 22.'6± -acre portion of the subject property proposed for B- 2, Business General District rezoning is consistent with existing and future commercial land use development and is consistent with good planning practice in determining conformity to the Comprehensive Plan. *, Proffer BI should be revised to remove "Administrator" from the dedication language. COMMENT RESPONSE: The Proffer Statement has been revised to address this recommendation. Proffer B2 states "specifically attributable" transportation improvements. Staff would note that the Code of Virginia only requires the use of that particular standard for residential rezonings. COMMENT RESPONSE: The Proffer Statement has been revised to eliminate the term "specifically attributable" to address this recommendation. Frederick County Attorney -- Comment dated March 30, 2017 It is recommended that the second paragraph of "Preliminary Matthers" be revised to incorporate language specific to the portion of the property being rezoned to the B2 District. Proffer B2 identifies the existing agreement for inter parcel access; however, there is no legally recorded agreement within the County land records, nor does the proffer statement provide an exhibit identifying the location of the inter parcel access. COMMENT RESPONSE: The Proffer Statement has been revised to address this recommendation. It is recommended that Proffer B2 is clarified to identify the referenced parcels property identification numbers as they existed at the time of the previous rezoning and that they may have since be further subdivided. COMMENT RESPONSE: The Proffer Statement has been revised to address this recommendation. Staff should be aware that Proffer B2 commits only to "specifically attributable" transportation improvements and that state law only requires use of that particular standard for residential rezonings. COMMENT RESPONSE: The Proffer Statement has been revised to remove the terminology "specifically attributable" for potential future transportation improvements. Project #2795J/EAW 2 Frederick Cm n y S:ar^tation Authority Comm—tient datecd April 5, 2017 4t It is requested that the application offer clarification regarding the Impact Analysis Statement reflecting a 22.16 acre rezoning with the acreage of the entire property being 49.23 acres. COMMENT RESPONSE: The 49.23 acre property is currently zoned M-1, Light Industrial District and is located on the east and west side of the Winchester and Western Railroad (W&WR). The 22.16 acres proposed for B-2, Business General District is located on the east side of the W&WR and is the land area that is the basis for calculating water and sewer impacts. Approximately 95% of the subject property located on the west side of the W&WR is located within floodplain and over 50% of this area is encumbered by Route 37 right-of-way dedication area, which is proffered. These factors significantly limit the future development potential of the 27.07 acres of the subject property located on the west side of the W&WR. Sanitary sewer conveyance in the vicinity of the site presently has limited capacity. Connection to the sanitary sewer system will be contingent upon the applicant performing a technical analysis of the existing sanitary sewer system within this area to be served and the ability of the existing conveyance system to accept additional loads. The applicant may also need to introduce a SCADA system to increase sewer flow efficiency in order to introduce additional flows to the sewer conveyance system. COMMENT RESPONSE: Future developers of land within the subject property will work with FCSA and the County during the Site Plan process to prepare sewer system analysis and design required by code and applicable law for their specific development plans. The results of this work will determine specific sewer system improvements for individual development projects on this acreage. •� The property owner may be enabled to develop a connection to the sanitary sewer system by utilizing existing sewer capacity reservations that were purchased by Rutherford, LL in 2002 (Route 11 North Industrial Service Area Grant in Aid of Construction); the sewer capacity reservation remains valid until November 4, 2019. If the property is developed utilizing the sewer capacity reservations, it will be necessary to confirm that the developing property maintains adequate sewer capacity reservations sufficient to accommodate the development's projected sewer flows. COMMENT RESPONSE: Future developers of Iand within the subject property will comply with the requirements of the Route 11 North Industrial Service Area Grant in Aid of Construction agreement for connection to the sanitary sewer system if applicable. •oma FCSA is offering these comments without benefit of knowledge of the specific use of the site. FCSA would welcome an opportunity to review any proffers which may serve to mitigate any water and sewer deficiencies in the presented rezoning proposal. Project #2795J/EAW 3 COMMENT RESPONSE: The rezoning application does not offer proffers for water and sewer infrastructure. Future developers of land within the subject property will work with FCSA and the County during the Site Plan process to determine specific water and sewer system improvements for individual development projects on this acreage. F� 1 e1.TMre ni c Ei C o^ren y Transportation — Coamnentadated A ;L' 110, 2017 E I see no issue with the TIA Waiver request and determine that you do not need a new TIA at this time. COMMENT RESPONSE: Information that was prepared for consideration of the Traffic Impact Analysis waiver will be included in the Rezoning Application filing packet. • 1 have concern with the use of the "specifically attributable" language in the transportation proffers. Recent legislation uses this language for residential development but not for commercial development. If this development finds 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. COMMENT RESPONSE: The Proffer Statement has been revised to remove the terminology "specifically attributable" for potential future transportation improvements. 1~ re-derick-Winchester Service Authority — CamnIe at dated April 12, 2016 •••• No Comments. °TOT -, Comment dated April 18, 24117 VDOT is satisfied with the transportation proffers offered in this rezoning application. Frederick County Public Works Department — Comment dated Apr ' -H 19, 2017 A comprehensive review of stormwater management erosion and sedimentation control, site grading, etc. will be performed at the time of site plan review. COMMENT RESPONSE: Agreed. 4.• Any proposed disturbance of wetlands, floodplain, etc. will be permitted and mitigated at the time of land disturbance application. COMMENT RESPONSE: Agreed. Project #2795J/EAW 4 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 developers, property owner and County staff to ensure channel improvements are functioning as designed and constructed. Y channel improvements are required the work shall be pei ormed as part of the new development. Sto: mwater design requirements shall comply with Frederick County Chapter 143 and VDEQ requirements. COMMENT RESPONSE: Agreed. Please advise me if you have any questions regarding the information in this letter. Greenway Engineering will provide a copy of all review agency comments identified in this letter as part of the rezoning application filing. Sincerely, Evan Wyatt, Direc or of Land Planning Greenway Engineering, Inc. Cc: C. Robert Solenberger John B. Schroth John C. Scully, IV Project #2795YEAW 5