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HomeMy WebLinkAbout01-17 CommentsCandice Perkins From: John Lewis <Jcievvis@pa:nterlewls.coiii> Sent: Tuesday, January 10, 2017 2:44 PM To: Candice Perkins Subject: FW: DMJ Holdings, LLC - VDOT Comments to Rezoning & Proffer Amendment Here is our response to the VDOT comments. Thanks John C. Lewis Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel: 540-662-5792 Fax: 540-662-5793 email: jclewistcDpainterlewis.com From: John Lewis [mailto:jclewis@painterlewis.com] Sent: Thursday, September 22, 2016 11:33 AM To: 'Rhonda.Fun khouser@VDOT.Virginia.gov' <Rhonda.Funkhouser@VDOT.Virginia.gov> Cc: Phelps, Donald <dphelps@winchestermetals.com> Subject: RE: DMJ Holdings, LLC - VDOT Comments to Rezoning & Proffer Amendment Matt: It is the owner's intent to limit any future use to the 200 ADT per the exciting TIA. We are not proposing to revise the TIA not are we proposing any other improvements to the access. The owner understands the hi,nitation imposed by the 200 ADT. Thanks John C. Lewis Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel: 540-662-5792 Fax: 540-662-5793 email: jclewis(o-,painterlewis.com From: Painter -Lewis, PLC - Office [mailto:office@painterlewis.com] Sent: Thursday, September 22, 2016 10:22 AM To: John Lewis <iclewis(@Dainterlewis.com> Subject: FW: DMJ Holdings, LLC - VDOT Comments to Rezoning & Proffer Amendment From: Funkhouser, Rhonda (VDOT) [mailto:Rhonda.Funkhouser@VDOT.Virginia.gov] On Behalf Of Smith, Matthew, P.E. (VDOT) Sent: Thursday, September 22, 2016 9:27 AM To: Painter -Lewis, PLC - Office <office@painterlewis.com>; iclewis@painterlewis.com Cc: John Bishop <ibishop@fcva.us>; Ingram, Lloyd (VDOT) <Lloyd.Ingram (c@VDOT.virginia.gov>; Smith, Matthew, P.E. (VDOT) <Matthew.Smith@vdot.virginia.gov> Subject: DMJ Holdings, LLC - VDOT Comments to Rezoning & Proffer Amendment C0A/1M0"N1VVFAL"1"1-1 of VIRCiIIN, lA DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Our District Planning Section has reviewed the DMJ Holdings, LLC Rezoning and Proffer Amendment and offer the following recommendations: 1. The rezoning application for the DMJ Holdings LLC Proffer Amendment dated August 15, 2016 generally utilizes the previously approved proffers with minor edits to permit fast food restaurant with drive through use on the property. The transportation improvement proffers as developed from the recommendations of the previously submitted TIA in 2009 have been maintained with the Proffer Amendment. Proffer 42 "Limitation of Future Development", which is unchanged from the originally approved proffers, sets a property development cap of 200 site generated trips per hour during any hour of the day (based on ITE trip rates). The proposed fast food with drive through lane use (ITE code 934) with a 4,000 square feet gross floor area will exceed this cap in the AM peak hour of the generator. Therefore, as the proffers are currently written, if the proposed fast food land use is developed, the remainder of the property will be undevelopable in the future. Please advise. 2. Should the applicant choose to revise the proffers to permit additional development of the property, given the age of the original TIA and change in development intensity, VDOT Staunton District Planning recommends the preparation of an updated TIA to support the proffer amendment. 3. During the June 28th meeting between VDOT and the developer / property owner at the Edinburg Residency, coordination with the adjacent property owner (additional B2 zoning) to realign / improve Custer Avenue and Pembridge Avenue in order to improve access opportunities to the commercially zoning properties was discussed. Did this outreach take place and were improvements considered? Should you have any questions or would like to discuss these items, do not hesitate to let me know. Egin....�..r Matthew B. Smith, P.E. =Area[._z�nc� `tUse�-.r��E.� Virginia Department of Transportation ransportation a:a.Fre,,eridk, hi .vhaa.& Yia i?0Lck' S a"like 031 Oki V, Hey e- nail: Matthew.Smith@vdot.virginia.gov I, OF NESTER , WI t� w ct U FUTURES �—� + ' CONN�CTIC ---J — _RlN_G<ROADI Ali DMJ HOLDINGS, L.L.C. FREDERICK COUNTY, VIRGINIA SCALE: 1'=2000' DRAWN BY: P -L DATE: 2-12-09 JOB #0812002 REVISED: PAINTER-LEWIS, P.L.C. WINCHESTER, VIRGINIA LOCATION MAP Martha Hardy From: John Bishop <jbishop@fcva.us> Sent: Monday, December 05, 2016 3A5 PM To: Martha Hardy Cc: John Levvis; Candice Perkins Subject: Re: Rezoning proffer amendment-DMJ Holdings property-VDOT comments -Planning transportation comments I disagree with the decision to not attempt coordination with your neighbors, but I acknowledge that you have answered my comments. Thank you John On Dec 5, 2016, at 2:53 PM, Martha Hardy <mhardV@painterlewis.com> wrote: Mr. Bishop, I am contacting you again concerning your comments for the DMJ Holdings Proffer amendment. We are awaiting your response so we can proceed with the formal submission. Sincerely, Martha Hardy Staff Engineer Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 2260`, Tel: 540-662-5792 Fax: 540-662-5793 From: Martha Hardy [mailto:mhardV@painterlewis.com] Sent: Thursday, November 10, 2016 3:06 PM To: 'Matthew_Smith@vdot.virginia.gov' <Matthew.Smith@vdot.virginia.gov>; 'ibishop@fcva.us' <ibishop@fcva.us> Cc: 'John Lewis (jclewis@painterlewis.com)' <jclewis@painterlewis.com>; 'Candice Perkins' <cperkins@fcva.us> Subject: Rezoning proffer amendment-DMJ Holdings property-VDOT comments -Planning transportation comments Mr. Smith, Mr. Bishop: This email serves to address your comments regarding the Proffer amendment for the above mentioned property: We are aware that amending the proffers to allow fast food restaurant may cause the remainder of the property to be undevelopable in the future, in accordance to Proffer #2, "Limitations of Future Development". "the applicant agrees to limit future use to those which will not genera+e an excess of 200 vehicle trips per hour de -g any hour." The transportation improvement. _ . offered remain unchanged. 2. Should the applicant choose to revise the proffers to permit additional development in the future, we acknowledge that VDOT may recommend the preparation of an updated TIA. 3. At this time, discussions with neighboring B2 zoning to improve access opportunities to the commercially zoned properties will not be undertaken. The approved transportation improvements proffered remain unchanged. We hope this addresses both VDOT's comments and Frederick County's transportation comments, and look ahead to receive a confirmation that your concerns have been addressed so we can proceed with submission. Sincerely, Martha Hardy Staff Engineer Painter -Lewis, RL.C;. 817 Cedar Greek Grade, LIite 120 Winchester, VA 22601 Tel 540-662-5792 Pax: 540-662-5793 Martha Hardy From: John Bishop <jbishop@fcva.us> Serf: Thursday, November 10, 2016 9:22 AM To: 'Martha Hardy' Cc: Candice Perkins Subjeet: RE: Rezoning -proffer amendment-DMJ Holdings property -Route 50 and Custer Ave Martha; I am sorry for the delay. I was circling around with VDOT to find out how their comments had been addressed. They have informed me that they received no response. My comments are as follows. 1. As noted by VDOT, I would like to make clear that if a fast food with drive through use will exceed your proffered limitation of 200 trips per hour based upon a standard 4000 square foot fast food use. In your impact statement, you have used a calculation based upon seats, which VDOT does not use in TIA's. 2. Please address VDOT's comment number 3 regarding coordination with neighboring property owners. 3. Provided the above items are addressed, staff is generally supportive of the right in/right out access on Route 50. John A. Bishop AICP Assistant Director—Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 1 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 August 29, 2016 Mr. John Lewis, PE Painter -Lewis, PLC 817 Cedar Creek Grade, Ste. 120 Winchester, Virginia 22661 RE: Proposed Rezoning for DMJ Holdings (Proffer Amendment) Property Identification Number (PIN): 64A -4-16A, 16, 17, 18, 19, 20 Dear John: I have had the opportunity to review the draft rezoning application for the DMJ Holdings property. This application seeks to revise the proffers approved in 2009 for 2.85 acres of land zoned B2 (Business General) District. Staff's review comments are listed below for your consideration. 1. Senseny/Eastern ,Frederick Urban Area Plan. The site is within the limits of the Senseny/Eastern Frederick Urban Area Plan. The plan shows the area where this site is located with a commercial use designation. The existing B2 Zoning generally consistent with the Senseny/Eastern Frederick Urban Area Plan as it relates to this area. 2. Proffer Statement — Generalized Development. The proposed restaurant should be removed from the proffered GDP; the GDP from the original rezoning should be utilized. It is acceptable to include the restaurant layout as a conceptual plan, but this should not be included in the proffers. 3. Transportation Comments. 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 and the County Attorney. Page 2 Mr. John Lewis RE: DMJ Holdings Rezoning August 29, 2016 5. Proffer Amendment Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee (proffer amendment not requiring a public hearing) for this application is $1,000. 6. 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. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd Enclosure PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 December 6, 2016 tel.: (540) 662-5792 fax.: (540) 662-5793 email: office@painterlewis.com Ms. Candice E. Perkins, AICP, CZA Assistant Director Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 RE: Proposed Rezoning for 10MJ Holdings (Proffer Amendment) PIN 64A -4-16A, 16, 17, 18, 19, 20 Dear Ms. Perkins: We have reviewed your comments dated August 29, 2016, and have addressed thern as follows: 2. Proffer Statement: the GDP exhibit from the original rezoning application has been utilized for the current proffer amendment application. 3. Transportation comments from Matthew B. Smith, VDO T , as well as John Bishop, Assistant Director have been addressed. A copy of their response is attached. 4. The comments from Roderick B. Williams, County Attorney have been addressed and the proffer statement has been revised accordingly. 5. The proffer amendment fee in the amount of $1,000.00 has been included. 6. The Special Limited Power of Attorney has been completed, signed, and attached. Please call me if you have any questions or if you need additional information. Thanks; a John C. Lewis, P.E., L.L.A. C: D. Phelps Attachments: Special Limited Power of Attorney Rezoning Application Proffer Amendment Packet Proffer amendment fee Job No.:1603018 Page 1 PAINTERA.I WIS, P.L.C.