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Home My WebLink About04-18 CommentsAe%,. 151 Windy Hifi Lane G R EENW Y W;nchester, JA 22602 ENGINEERING October 9, 2018 Frederick County Planning Department Attn: Candice Perkins, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Tasker Road and Warrior Drive Commercial Properties Rezoning — Comment Response Letter Dear Candice: The following information is provided in response to the review agency comments received from the County Attorney Office and the Planning Department specific to the referenced rezoning. Please note the following: County Attorney Comment 9-18-18 Comment. The proposed application, the proposed proffer statement, and the accompanying materials all suggest that the entirety of both parcels involved is zoned B2, but the County's GIS mapping shows that a portion of Tax Parcel 75-A-104 is zoned RP. Assuming that the portion is still zoned RP, then the application and proffer statement would need to reflect that the rezoning is from RP and B2 with proffers to B2 with revised proffers. Response: It is agreed that Tax Parcel 75-A-104 is a split -zoned parcel and our research indicates that the 5.07± acre subject parcel is comprised of 4.45± acres of B2 District and 0.62± acres of RP District area. Greenway Engineering has revised the Rezoning Application information and the Rezoning Proffer Statement to address this comment. Planning and Development Comment 9-20-18 Comment #1: Provide a redline copy of the proffers that show the original text and proposed changes. Comment #1 Res onse: Greenway Engineering has prepared a document that provides for the Rezoning Application #002-98 Proffer Statement language that includes Red Font Text for the proposed changes and Blue Font Strike-Thru Text that identifies the language that is proposed to be eliminated. A copy of the Rezoning Application #002-98 Proffer Statement and the Redline Copy of the Proffer Statement is included as an attachment to this letter. Comment #2: The 2035 Comprehensive Plan identifies these properties with a commercial land use designation. The current zoning of the properties is consistent with the Comprehensive Plan. Engineers Surveyors Planners Environmental Scientists Laboratory Telephone 540-662-4185 Fax 540-722-9528 www.o eenwayeng.com Project #6307/EflW 151 Windy Hill Lane GREENIWAY Winchester, VA 22602 ENGINEERING Comment #2 Response: Agreed Comment #3: Warrior Road should be changes to Warrior Drive. Comment #3 Response: The Rezoning Application information and the Rezoning Proffer Statement have been revised to change Warrior Road to Warrior Drive. Comment #4: The fee for this application would be $1,000.00 (proffer amendment). Comment #4 Response: A $1,000.00 application fee will be submitted for the final Rezoning Application information. Please review the attached information and advise me if the comments identified in this letter have been addressed so we can proceed with formal filing in order to process this request for consideration by the Planning Commission and Board of Supervisors. Sincerely, Evan Wyatt, Director of Land Planning Greenway Engineering Cc: Rod Williams, Frederick County Attorney Beverley B. Shoemaker, Bowman -Shoemaker Companies, Inc. & Tasker -Warrior Properties, LLC Attachments Engineers Surveyors Planners Environmental Scientists Laboratory Telephone 540-562.4185 Fax 540-722-9528 ��=ww. green wayeng. corn Project #6307/EAW Evan Wvatt From: Pod Williams <rwillia@fcva.us> Sent: Tuesday, October 16, 2018 8:15 AM To: Evan Wyatt cc:; Candice Perkins Subject: RE: Tasker -Warrior proffer amendment Evan, I have reviewed the revised version of this item, dated October 9, 2018, and the materials have addressed my previous comment, noted below. Thank you. Rod From: Rod Williams Sent: Tuesday, September 18, 2018 2:00 PM To: Evan Wyatt <ewyatt@greenwayeng.com> Cc: Candice Perkins <cperkins@fcva.us> Subject- Tasker -Warrior proffer amendment Evan, You have submitted to Frederick County for review a proposed proffer statement, for a contemplated proffer condition amendment rezoning of Tax Parcels 75-A-104 and 75-A-1 04E. I have now reviewed the proposed proffer statement and it is my opinion that the proposed 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 comment: The proposed application, the proposed proffer statement, and the accompanying materials all suggest that the entirety of both parcels involved is zoned B2, but the County's GIS mapping shows that a portion of Tax Parcel 75-A-104 is zoned RP. I am attaching a copy of the relevant part of the GIS map. Specifically, I direct your attention to the western leg of the parcel, fronting Tasker Road. You will likely want to check with County staff on this. Assuming that the portion is still zoned RP, then the application and the proffer staternent would need to reflect that the rezoning is from RP and B2 with proffers to B2 with revised proffers. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Rod Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia@fcva.us Evan Wyatt From: Candice Perkins <cperkins@fcva.us> Sent: Monday, October 15, 2018 12:11 PM To: Evan Wyatt Subject: Tasker/Warrior Evan, I have reviewed the revised package and have no further comments. You can submit the signed proffers and the application fee. Thanks, Candice Candice Perkins, AICP, CZA Assistant Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 Phone: (540) 665-5651 Fax: (540) 665-6395 E-mail: cperkins@fcva.us www.fcva.us "We do make a difference - one way or the other. We are responsible for the impact of our lives. Whatever we do with whatever we have, we leave behind us a legacy for those who follow." - Stephen Covey COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 September 20, 2018 Mr. Evan Wyatt Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for Tasker Road and Warrior Road Commercial Properties Property Identification Numbers (PINs): 75-A-104 and 75 -A -104E Dear Evan: I have had the opportunity to review the draft rezoning application for Tasker Road and Warrior Road Commercial Properties. This application seeks to revise the proffers from Rezoning #02-98 for 20.86 acres of land. This review is generally based upon the proffer statement dated on August 17, 2018. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Redline Proffers. Provide a redline copy of the proffers that show the original text and proposed changes. 2. Southern Frederick Area Plan. The 2035 Comprehensive Plan and the Southern Frederick Area Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies these properties with a commercial land use designation. The current zoning of the properties is consistent with the Comprehensive Plan. 3. Proiect Name. Warrior Road should be changed to Warrior Drive. 4. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $1,000 (proffer amendment). All of the above 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, CZAS Assistant Director CEP/pd Evan Wyatt From: Rod Williams <rwillia@fcva.us> Sent: Tuesday, September 18, 2018 2:00 PM To: Evan Wyatt Cc: Candice Perkins Subject: Tasker -Warrior proffer amendment Attachments: Tasker -Warrior GIS.pdf Evan, You have submitted to Frederick County for review a proposed proffer statement, for a contemplated proffer condition amendment rezoning of Tax Parcels 75-A-104 and 75-A-1 04E. I have now reviewed the proposed proffer statement and it is my opinion that the proposed 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 comment: The proposed application, the proposed proffer statement, and the accompanying materials all suggest that the entirety of both parcels involved is zoned B2, but the County's GIS mapping shows that a portion of Tax Parcel 75-A-104 is zoned RP. I am attaching a copy of the relevant part of the GIS map. Specifically, I direct your attention to the western leg of the parcel, fronting Tasker Road. You will likely want to check with County staff on this. Assuming that the portion is still zoned RP, then the application and the proffer statement would need to reflect that the rezoning is from RP and B2 with proffers to B2 with revised proffers. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. '.. Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia@fcva.us