Loading...
HomeMy WebLinkAbout16-06 CommentsJune 13, 2007 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #16 -06, TASKER ROAD AND WARRIOR ROAD COMMERCIAL PINS 75- A -105A, 75- A -105B, 75- A -105C and 75- A -105D Dear Evan: I am enclosing a copy of the revised proffers concerning the above referenced rezoning which indicates updated owner signatures with accurate signature dates, notary certification and chronology. The updated proffers also do not contain the signature of Beverley 13. Shoemaker as two parcels signed for by Ms. Shoemaker were eliminated from this revised rezoning. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy Deputy Planning Director MTRIbad Attachment cc: Ervin Properties, LLC, 1830 Plaza Dr., Winchester, VA 22601 TreyBul Co., LC, 116 S. Stewart St., Winchester, VA 22601 H. N. FunIchouser Co., Inc., PO Box 2038, Winchester, VA 22604 JEM VII, LLC, PO Box 3538, Gastonia, NC 28054 Jasbo, Beverley Shoemaker, PO Box 480, Stephens City, VA 22655 Department of Planning and Development 540/665-5651 FAX: 540/665-6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 n Other 1 T R A N S M I T T A L Project Name: Tasker Road and Warrior Road Commercial Proffer Statement File No: 4806 Date April 2, 2007 APR 2 2007 Founded in :971 To: FC Planning Attn: Mike Ruddy Copied GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 From: Evan Wyatt/ GREENWAY ENGINEERING Phone: 540 -662 -4185 Fax: 540- 722 -9528 Delivery: n Fed Ex n U.S. Mail Courier n Pick Up Urgent n For Your Review N As You Requested n Please Comment Message: Hi Mike, Please find attached the December 8, 2006 Proffer Statement for the Tasker Road and Warrior Road Commercial Rezoning that was approved by the Board of Supervisors on January 10, 2007. This document provides the updated owner signatures on the Proffer Statement as requested by your department. Please contact me if you need any additional information at this time. Thank you. Evan Hand Delivery and Pick Ups Only: Received By: Date: Pounded in 1971 March 14, 2007 Ervin Properties, LLC Attn: David Ervin 1830 Plaza Drive Winchester, VA 22601 RE: Tasker Road and Warrior Road Commercial Rezoning Proffer Statement Dear David: I was recently contacted by Mr. Mike Ruddy, Frederick County Deputy Planning Director, and was advised that the County needs updated owner signatures for the referenced proffer statement that was approved by the Board of Supervisors on January 10, 2007. It has been determined that updated signatures are necessary, as the original proffer statement that was signed by all owners included two additional parcels that were subsequently eliminated from the rezoning proposal. Please find attached a copy of the approved proffer statement with the applicable signature page. Please provide an updated signature that is notarized and forward this information to Greenway Engineering to my attention. Once I have received all updated owner signature sheets, I will coordinate with Mike Ruddy to have this document formally approved by Frederick County. Please note that this will be handled as an administrative function and will not require further action by the Frederick County Planning Commission or Board of Supervisors. Please contact me if you have any questions regarding this information. Sincerely, GREERWAY ENGINEERING, INC. 151 Windy Hill lane Winchester, Virginia 22602 Evan Wyatt, AICP Greenway Engineering File #4806 /EAW Engineers Surveyors Telephone 540 -662 -4185 FAX 540- 722 -9528 www.greenwayeng.com FILE COPY Founded in 1971 Dear John: Sincerely, GREENi lid ENGINEERING, me. 151 Windy Hill Lane Winchester, Virginia 22602 March 14, 2007 TreyBul Co., LC Attn: John Lewis 116 South Stewart Street Winchester, VA 22601 RE Tasker Road and Warrior Road Commercial Rezoning Proffer Statement I was recently contacted by Mr. Mike Ruddy, Frederick County Deputy Planning Director, and was advised that the County needs updated owner signatures for the referenced proffer statement that was approved by the Board of Supervisors on January 10, 2007. It has been determined that updated signatures are necessary, as the original proffer statement that was signed by all owners included two additional parcels that were subsequently eliminated from the rezoning proposal. Please find attached a copy of the approved proffer statement with the applicable signature page. Please provide an updated signature that is notarized and forward this information to Greenway Engineering to my attention. Once I have received all updated owner signature sheets, I will coordinate with Mike Ruddy to have this document formally approved by Frederick County. Please note that this will be handled as an administrative function and will not require further action by the Frederick County Planning Commission or Board of Supervisors. Please contact me if you have any questions regarding this information. E t, oL lam✓ Evan Wyatt, AICP Greenway Engineering File #4806 /EAW Engineers Surveyors Telephone 540 -662 -4185 FAX 540- 722 -9528 www.greenwayeng.com FILE COPY Founded in 1971 GREEN@1II M ENGINEERING, INC. 151 Windy Hill Lane Winchester, Virginia 22602 March 14, 2007 H.N. Funkhouser Co., Inc. Attn: Robert W. Claytor P.O. Box 2038 Winchester VA 22604 RE: Tasker Road and Warrior Road Commercial Rezoning Proffer Statement Dear Mr. Claytor: I was recently contacted by Mr. Mike Ruddy, Frederick County Deputy Planning Director, and was advised that the County needs updated owner signatures for the referenced proffer statement that was approved by the Board of Supervisors on January 10, 2007. It has been determined that updated signatures are necessary, as the original proffer statement that was signed by all owners included two additional parcels that were subsequently eliminated from the rezoning proposal. Please find attached a copy of the approved proffer statement with the applicable signature page. Please provide an updated signature that is notarized and forward this information to Greenway Engineering to my attention. Once I have received all updated owner signature sheets, I will coordinate with Mike Ruddy to have this document formally approved by Frederick County. Please note that this will be handled as an administrative function and will not require further action by the Frederick County Planning Commission or Board of Supervisors. Please contact me if you have any questions regarding this information. Sincerely, &0 Lv Evan Wyatt, AIC Greenway Engineering File #4806 /EAW Engineers Surveyors Telephone 540 -662 -4185 FAX 540- 722 -9528 www.greenwayeng.com FILE COPY Founded in 1971 GGEEGWAY ENGINEERING, INC. 151 Windy Hill Lane Winchester, Virginia 22602 March 14, 2007 JEM VII, LLC Attn: James E. Martin P.O. Box 3538 Gastonia NC 28054 RE: Tasker Road and Warrior Road Commercial Rezoning Proffer Statement Dear Mr. Martin: I was recently contacted by Mr. Mike Ruddy, Frederick County Deputy Planning Director, and was advised that the County needs updated owner signatures for the referenced proffer statement that was approved by the Board of Supervisors on January 10, 2007. It has been determined that updated signatures are necessary, as the original proffer statement that was signed by all owners included two additional parcels that were subsequently eliminated from the rezoning proposal. Please find attached a copy of the approved proffer statement with the applicable signature page. Please provide an updated signature that is notarized and forward this information to Greenway Engineering to my attention. Once I have received all updated owner signature sheets, I will coordinate with Mike Ruddy to have this document formally approved by Frederick _County. Please note that this will be handled as an administrative function and will not require further action by the Frederick County Planning Commission or Board of Supervisors. Please contact me if you have any questions regarding this information. Sincerely, Evan Wyatt, AICP Greenway Engineering File #4806 /EAW Engineers Surveyors Telephone 540- 662 -4185 FAX 540- 722 -9528 www.greenwayeng.com FILE COPY Mike Ruddy From: Evan Wyatt [ewyatt ©greenwayeng.com] Sent: Friday, January 26, 2007 4:23 PM To: Mike Ruddy Cc: Evan Wyatt Subject: RE: A couple of items Sounds good I will circulate the December 8th proffer and ask for current owner signature dates that are notarized. Have a good weekedi. Evan 3/13/2007 Original Message From: Mike Ruddy [mailto:mruddy @co.frederick.va.us] Sent: Friday, January 26, 2007 4:07 PM To: Evan Wyatt Subject: RE: A couple of items Thanks Evan: Page 1 of 2 A current date, even though it is past the date of approval from the Board, will work. It is important that the notarized documents are correct. The proper chronological order will have been followed and the notary will be valid. My letter of approval will then validate the chronology. Mike. Original Message From: Evan Wyatt [mailto:ewyatt@greenwayeng.com] Sent: Friday, January 26, 2007 3:33 PM To: Mike Ruddy Subject: RE: A couple of items Hi Mike, If I understand you correctly, you need updated owner signatures from the four property owners somewhere in the time frame between December 8th and January 9th. I will prepare a cover letter advising the owners accordingly and see what I can do; however, what happens if they have a problem becuase their notary is being asked to witness a date for this new signature that isn't a real date? Thanks, Evan [Evan Wyatt] Original Message From: Mike Ruddy [mailto:mruddy @co.frederick.va.us] Sent: Friday, January 26, 2007 3:16 PM To: Evan Wyatt Subject: A couple of items Hi Evan: Thanks for touching base with the Yost's. Eddie dropped me a note letting me know that Rocky will be removing the old trailers and trash next week. 3/13/2007 I just spoke with Bob and he is anticipating completing a couple of my reviews over the weekend including Easy Living. On the Tasker Road and Warrior Drive rezoning exercise I need your help on correcting the discrepancy with the dates and signatures on the Proffer Statement. As you will recall, the proffer statement was changed on December 8 and you were advised by me at the time that it was unnecessary to update the signatures of the property owners as we were aware of the approval of the property owners. Unfortunately, we know have a Proffer Statement approved by the Board on January 10 with owner's signatures that predated the final revision of Dec 8. For a variety of reasons I need to correct this to make sure we have signatures with a date post the final revision. I would then reissue the County's approval letter. If you could re- circulate to the owners (except Bev) the signature page to be resigned by the owners with an updated date it would be greatly appreciated. Let me know if I can lend a hand. Thanks for your help. Mike. Page 2 of 2 Mike Ruddy From: Mike Ruddy [mruddy @co.frederick.va.us] Sent: Friday, January 26, 2007 3:16 PM To: Evan Wyatt Subject: A couple of items Hi Evan: Page 1 of 1 Thanks for touching base with the Yost's. Eddie dropped me a note letting me know that Rocky will be removing the old trailers and trash next week. I just spoke with Bob and he is anticipating completing a couple of my reviews over the weekend including Easy Living. On the Tasker Road and Warrior Drive rezoning exercise I need your help on correcting the discrepancy with the dates and signatures on the Proffer Statement. As you will recall, the proffer statement was changed on December 8 and you were advised by me at the time that it was unnecessary to update the signatures of the property owners as we were aware of the approval of the property owners. Unfortunately, we know have a Proffer Statement approved by the Board on January 10 with owner's signatures that predated the final revision of Dec 8. For a variety of reasons I need to correct this to make sure we have signatures with a date post the final revision. I would then reissue the County's approval letter. If you could re- circulate to the owners (except Bev) the signature page to be resigned by the owners with an updated date it would be greatly appreciated. Let me know if I can lend a hand. Thanks for your help. Mike. 3/13/2007 AMENDMENT ACTION: PLANNING COMMISSION: December 6, 1995 BOARD OF SUPERVISORS: January 24, 1996 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #008 -94 of JAMES T. CARROLL WHEREAS, Rezoning Application #008 -94 of James T. Carroll to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General), which is located at the intersection of Custer Avenue and Pembridge Roai4 and is designated with PINS 64A- 4 -20A, 64A -10-A, and 64A -10-B in the Shawnee Magisterial District, was referred to the Frederick County Planning Commission; and; WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on December 6, 1995; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this ordinance adoption on January 24, 1996; and, WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best interest of the public health, safety, welfare, convenience, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 2.81 acres, designated by PINS 64A- 4 -20A, 64A -10 -A, and 64A -10 -B, from RP (Residential Performance) to B2 (Business General) as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner: espectfully submitted, I, the undersigned, JAMES H. CARROLL sole owner of the land to be rezoned under zoning request number 008 -94, referred to as the Carroll Rezoning and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B- 2 (Business General) and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. The owner proffers that there shall be no entrance to the property on Etnam Street. 2. The owner proffers that there will be a total of no more than five (5) entrances for the property. 3. The owner proffers a payment shall be made to the County for emergency services in the amount of $1,950.00, said payment to be made at time of building permit issuance by the County. 4. The owner proffers that the property will not be use for the following B -2, Business General allowed uses: a. Electric, gas and other utility facilities b. Food stores c. Automotive d. Miscellaneous repair services e. Golf driving ranges and miniature golf courses f. Membership organizations g. Self- service storage facilities h. Public utility distribution facilities 5. All permitted uses shall not be open to the public between the hours of 2:00 a.m. and 6:00 a.m. except for hotels, motels, banks, and other permitted uses approved only by the Board of Supervisors. mes H. Carroll, Owner Date STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: PROFFER (Revised) CARROLL REZONING REQUEST CASE NO. 008-94 February The foregoing instrument was acknowledged before me this S day of January, 1996 by .1(1mrc 1-I ('nrrnII Notary Public Q D fin ith (70j,0 My Commission Expires: 3n i Iqq(o This ordinance shall be in effect upon its passage. Passed this 24th day of January, 1996: James L Longerbeam Aye Robert M. Sager Aye Chairman W Harrington Smith, Jr. Nay Margaret R Douglas Aye— Charles W Orndoff, Sr. Aye Richard C Shickle Aye A Copy Attest John IC Riley, Jr. Frederick County Administrator TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: January 18, 2007 The amount of $50.00 was deposited in line item #3- 010 019110 -0008 for the company named below had a deposit for one sign for Rezoning #16 -06 for Tasker Warrior Road. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA/pd iI &t°o MEMORANDUM H. N. Funkhouser P.O. Box 2038 Winchester, VA 22604 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 T A X R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 -0225 SIGN DEPOSITS PLANNING Pd by PLANNING DEVELOPMENT 11/9/06 BALANCE DUE INCLUDES PENALTY /INTEREST THRU Previous Balance Paid Principal Being Pai Interest Amount Paid *Balance Due Cash 15.10 Check 8197.82 VARIOUS THE MONTH 11/2006 Ticket #:00005570001 Date 11/09/2006 Register: LJT /LJ Dept 1095 Acct# S 50.00 50.00 .00 .00 50.00 .00 ems^^' ;;;VA CC CUNTyM;t z. *HOWPAIDti j 'l:N O I i i.WC ��t IAA n. s. u DETACH BEFORE DEPOSITING V N NETTAMOU 582878 Founded in 1971 December 8, 2006 Frederick County Planning Department Attn: Mike Ruddy, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Revised Tasker Road Warrior Road Rezoning Proffer Amendment Application Dear Mike: As you know, the Frederick County Planning Commission recommended approval of the Tasker Road and Warrior Road Rezoning Proffer Amendment request for the modified hours of operation during their December 6, 2006 meeting. This approval was recommended for the commercial properties located on the east side of Warrior Road; however, the Planning Commission did not believe that this was appropriate for the commercial properties on the west side of Warrior Road to have modified hours of operation due to the additional impacts that would be realized by the Autumn Glen community. 1 have discussed this matter with Mrs. Beverley Shoemaker who owns the commercial properties on the west side of Warrior Road. In an effort to continue to be a good neighbor, Mrs. Shoemaker has agreed to remove these commercial properties from consideration of the proposed proffer amendment application. Please find attached a revised copy of all applicable rezoning application information and mapping associated with this request. Please ensure that all references and information to Mrs. Shoemaker's properties are removed from the staff agenda packet that is prepared for the January 10, 2007 Board of Supervisors agenda. Please contact me if you have any questions regarding this matter or if you need any additional information at this time. Sincerely, Pile #4806/EA W GREENWAY ENGINEERING L51 Windy Hill Lane Winchester, Virginia 22602 Evan Wyatt, AICP Greenway Engineering Cc: Gene Fisher, Shawnee District Supervisor Beverley 13. Shoemaker Engineers Surveyors Telephone 540- 662 -4185 FAX 540- 722 -9528 www.greemsayeng.co11 DEC 2006 Founded in 1971 TRANSMITTAL Project Name: Tasker Road Warrior Road Commercial Rezoning File No: 4806 Date December 8, 2006 To: FC Planning Attn: Mike Ruddy Copied Delivery: Fed Ex U.S. Mail Other Urgent For Your Review DEC 8 2006 L GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 From: Evan Wyatt/ GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 Courier Pick Up As You Requested Please Comment Message: Hi Mike, Please find attached the revised information for the Tasker Road Warrior Road Commercial Rezoning that we discussed this morning. Please advise me if you need anything else regarding this matter. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Copied Pounded in :971 To: FC Planning Attn: Mike Ruddy GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 NOV 6 2006 T TRANSMIT SMIT A_L Project Name: Tasker Road Warrior Road Commercial Rezoning Application File No: 4806 Date November 6, 2006 From: Evan Wyatt/ GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 Delivery: Fed Ex U.S. Mail Courier Pick Up Other Urgent For Your Review As You Requested Please Comment Message: Hi Mike, Please find attached a completed Rezoning Application Master Copy for the Tasker Road Warrior Road Commercial development, two spiral bound copies and 44 color copies of the location map and zoning map for this project. Please schedule this application for the December 6, 2006 Planning Commission meeting. Please contact me if you have any questions regarding this information or if you need anything else at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: