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Home My WebLink About09-15 CommentsPennon PENNONI ASSOCIATES INC. CONSULTING ENGINEERS November 12, 2015 Mr. John Bishop, AICP Frederick County Planning Director 107 N Kent Street, Suite 202 Winchester, VA 22601 RE: Artillery Business Center Proffer Amendment — Postponement Request Dear Mr. Bishop, On behalf of the Applicant, I formally request to postpone the Artillery Business Center Proffer Amendment application, currently scheduled for today's Board of Supervisors meeting, until the Board's December 9, 2015 meeting. If you have any questions, please feel free to contact me at (540) 667-2139. Sincerely, PENNONI ASSOCIATES INC. J Patrick Sowers Senior Project Engineer 117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493 www.pennoni.com Penn onu PENNONI ASSOCIATES INC. CONSULTING ENGINEERS October 2, 2015 Mr. John Bishop, AICP Deputy Director, Transportation Frederick County Planning and Development 107 N Kent Street, Suite 202 Winchester, VA 22601 RE: Artillery Business Center — Proffer Amendment Request Statement of Justification Dear Mr. Bishop, Please find attached a revised proffer statement dated September 29, 2015 and associated generalized development plan and exhibit for Artillery Business Center, comprised of two tax map parcels identified by Frederick County records as 75-A-1 and 75-A-1 F (r011ectively, the "Property") totaling 57.6 acres zoned M-1 (Light Industrial). The Property is located east and adjacent to Shady Elm Road approximately 4,500 feet south of the intersection of Shady Elm Road and Apple Valley Drive. This proposed amendment would modify the proffers approved by the Board of Supervisors on February 13, 2008 as part of Rezoning Application #07-08. A general summary of the proposed modifications is as follows: 1) A $250,000 monetary contribution and a continuous right turn lane across the Shady Elm Road frontage has been removed in favor of a commitment for the construction of Renaissance Drive from its existing terminus to Shady Elm Road utilizing the revenue sharing program. Ultimately, the Shady Elm Road entrance requirements will be subject to VDOT review and approval at the site plan phase of development. The proposed proffer would require that the owner of Land Bay 2 enter into an agreement with Frederick County for the funding of the design and construction of Renaissance Drive prior to issuance of a 2nd Building Permit within Land Bay 1 or a 2 d Building Permit in Land Bay 2. 2) The land bay boundaries have been modified to reflect the two existing tax map parcels that form the Property and which are under separate ownership currently. Accordingly, we have assigned proffered obligations to the respective land bay owners as opposed to using a blanket "Applicant" for the entirety of the project. 3) Removed the proffer for right of way dedication along Shady Elm Road as this dedication has already been completed. 4) Removed the proffered limitations on signage as the existing 2008 proffer statement predates modifications made to the County's signage regulations. 5) The 5 year limitation on warehouse distribution facilities in excess of 200,000 square feet has been removed as this requirement of the 2008 rezoning approval is now more than 7 years old. 6) The requirement for a minimum of three end users for the site and the escalator clause for monetary contributions has been removed. Monetary proffers for the site include $5,000 for fire and rescue services as well as $2,500 each for Sheriffs office and general government, which are now proposed prior to certificate of occupancy for the first structure on Land Bay 2. 7) The proffer for a potential internal access road has been removed as the Frederick County Subdivision Ordinance would already require that improvement in order to comply with road frontage/access requirements for any potential future lots within the Property. 117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493 www.pennoni.com Artillery Business Center October 2, 2015 Page 2 Proffer Amendment The proposed proffer amendment seeks to implement Renaissance Drive from Route 11 io Shady Elm Road as envisioned by the Comprehensive Plan, which is key to the long term success of the business development type uses envisioned by the County in the area of Shady Elm Road, the railroad, and Route 11. The proposed proffer amendment would help implement the long range land use plans for Frederick County and also ensure that the Property is available for business development uses that are critical for the continued success of Frederick County. If you have any questions or comments, please feel free to contact me at (540) 667-2139. Sincerely, PENNONI ASSOCIATES INC. Patrick Sowers Senior Project Engineer Mr. Patrick Sowers September 28, 2015 Page t Revised GDP does not include Proffer Statement; to the contrary, the Proffer Statement includes the Revised GDP. Proffers 1.1 through 1.3 - Staff should be aware that these Proffers would shift the obligations therein solely to the owner of Land Bay 2. Therefore,Land Bay 1 could fully develop without the County receiving any of the monetary _ :.. contributions. The Proffers do not propose a proportionate split of the monetary contributions between the two land bays. . Proffer 2.1 Staff should be aware that the Proffer. :eliminates the previous commitment to construct the widening of Shady Elin Road along the Property . frontage..: .Proffer 2.2.7 With respect to the second bullet point, t is unclear what a "structure located in Land Bay .t .but with associated land area located in Land:..:. .- :.Bay 2".:would be: Does this refer to a strUet&6 itself located in both land bays, a structure with parking in the other or both land bays, a structure with buffer areas located in the other of -.both land bays. a structure with associated facilities (such as stormwater management facilities) iri the atlier or both .arid bays? :: With respect to the .third bulletpoint; itis izriclear what "upon conimencenient of a railroad crossing" rneans Does this mean "Upon commencement of construction of a. railroad crossing . Proffer 2.2.1 -- The Proffer is at least in part'contingent upon the Land Bay 2 Owner entering into a revenue sharing agreeiiieiit with theCounty.: is would create inappropriate C6htract 0nmg; in which the landowner s obligations would only vest upon the County undertaking certain coiaiinitments (entry into the revenue sharing agreement and performance by the County of obligations therein)In this regard well, should be aware that the Proffer Statement eliminates the Applicant's full ;construction obligations for the:railroad crossing, in Proffer 2:8 of the 2048 -.Proffer Staterrieiit_ .Also; :under Proffer2.2:1 of the 2QQ8 Proffer:Statement the County' is already' entitled -to request, at'no cost to the ty y Comity; an 80=foot right=of way acrossthe Property. The proposed Proffer'would - eliminate that right and therefore raises an issue as to whether the Courity .can agree to concede.such'-an:m erest zn real property without a separate public hearing on the`sazthe. See Va:-Code' &.15.24900(B).. ® Proffer 2:3 The proffer :to construct aninternal access road commits to do what is already an ordinance requirement (and a practical requirement for use of the : . Property) acid therefore may be rnisleading in the Proffer Statement other than to the extent that a road of less than 26 -foot mininiumri pavement Width could otherwise be constructed.. Also with respect.. to the second sentence(makingthe - location of the internal access road subject to approval of both land bay owners), the provisions of the first sentence (requiring prior written approval of the other land bay owner to construct an internal access road) render it superfluous. Pennon.' PEiNNONI ASSOCIATES INC. CONSULTING ENGINEERS September 25, 2015 Mr. John Bishop, AICP Deputy Director, Transportation Frederick County Planning and Development 107 N Kent Street, Suite 202 Winchester, VA 22601 RE: Artillery Business Center — Proffer Amendment Request Statement of Justification Dear Mr. Bishop, Please find attached the proposed proffer statement and associated generalized development plan and exhibits for Artillery Business Center, comprised of two tax map parcels identified by Frederick County records as 75-A-1 and 75-A-1 F (collectively, the "Property") totaling 57.6 acres zoned M-1 (Light Industrial). The Property is located east and adjacent to Shady Elm Road approximately 4,500 feet south of the intersection of Shady Elm Road and Apple Valley Drive. This proposed amendment would modify the proffers approved by the Board of Supervisors on February 13, 2008 as part of Rezoning Application #07-08. A summary of the proposed modifications is as follows: 1) A $250,000 monetary contribution and a continuous right turn lane across the Shady Elm Road frontage has been removed in favor of a commitment for the construction of Renaissance Drive from its existing terminus to Shady Elm Road utilizing the revenue sharing program. Ultimately, the Shady Elm Road entrance requirements will be subject to VDOT review and approval at the site plan phase of development. The proposed proffer reflects that the off-site portions of Renaissance Drive are dependent upon the availability of off-site right of way and rights to an at grade railroad crossing. 2) The land bay boundaries have been modified to reflect the two existing tax map parcels that form the Property and which are under separate ownership currently. Accordingly, we have assigned proffered obligations to the respective land bay owners as opposed to using a blanket "Applicant" for the entirety of the project. 3) Removed the proffer for right of way dedication along Shady Elm Road as this dedication has already been completed. 4) Removed the proffered limitations on signage as the existing 2008 proffer statement predates modifications made to the County's signage regulations. 5) The 5 year limitation on warehouse distribution facilities in excess of 200,000 square feet has been removed as this requirement of the 2008 rezoning approval is now more than 7 years old. 6) The requirement for a minimum of three end users for the site and the escalator clause for monetary contributions has been removed. The proposed proffer amendment seeks to implement Renaissance Drive from Route 11 to Shady Elm Road as envisioned by the Comprehensive Plan, which is key to the long term success of the business development type uses envisioned by the County in the area of Shady Elm Road, the railroad, and Route 11. The proposed proffer amendment would help implement the long range land use plans for Frederick County and also ensure that the Property is available for business development uses that are critical for the continued success of Frederick County. 117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493 www.pennoni.com Artillery Business Center September 25, 2015 Page 2 Proffer Amendment !f you have any questions or comments, pleacc feel free to contact me at (540} 567-2139. Sincerely, PENNONI ASSOCIATES INC. Patrick Sowers Senior Project Engineer A -110-11 =nn0n#' PENNONI ASSOCIATES INC. CONSULTING ENGINEERS September 9, 2015 ty Mr. John Bishop, AICP L I SEP 9 2015 Deputy Director, Transportation Frederick County Planning and Development Fs� )ER'CiC Ct^LlP+1TY 107 N Kent Street, Suite 202 (y,�'=1 Winchester, VA 22601 RE: Artillery Business Center — Proffer Amendment Request Dear Mr. Bishop, Please find attached the proposed proffer statement and associated generalized development plan and exhibits for Artillery Business Center for your review. This amendment would modify the proffers approved by the Board of Supervisors on February 1. 3, 2008 as part of Rezoning Application #07-08. For reference, I have also included a copy of the approved 2008 proffers. A summary of the proposed modifications is as follows: 1) A $250,000 monetary contribution and a continuous right turn lane across the Shady Elm Road frontage has been removed in favor of a commitment for the construction of Renaissance Drive from its existing terminus to Shady Elm Road. Ultimately, the Shady Elm Road entrance requirements will be subject to VDOT review and approval at the site plan phase of development. 2) The land bay boundaries have been modified to reflect the two existing tax map parcels that form the property and which are under separate ownership currently. Accordingly, we have assigned proffered obligations to the respective land bay owners as opposed to using a blanket "Applicant" for the entirety of the project. 3) Removed the proffer for right of way dedication aiong Shady Elm Road as this dedication has already been completed. 4) The proffered continuous right turn lane across the Shady Elm road frontage has been removed. Ultimately, the entrance requirements will be subject to VDOT approval at the site plan phase of development. 51) Removed the proffered limitations on signage as the existing 2008 proffer statement predates modifications made to the County's signage regulations. 6) The 5 year limitation on warehouse distribution facilities in excess of 200,000 square feet has been removed since this requirement of the 2008 rezoning approval is now more than 7 yews old. 7) The requirement for a minimum of three end users for the site and the escalator clause for monetary contributions has been removed. If you have any questions or comments, please feel free to contact me at (540) 667-2139. Sincerely, PCir1NONI ASSOCIATES INC. Patrick Sowers Senior Project Engineer 117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493 www.pennoni.com