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HomeMy WebLinkAbout03-18 CommentsMike Ruddy From: Nicholas Sabo <okvsabo@comcast.net> Sent: Friday, November 02, 2018 4:20 PM To: Mike Ruddy Cc: Gene Fisher; David Foley; 'Michael Bryan'; Bill Pifer; aswitzer@deltaairport.com Subject: Airport Comments re: Carpers Valley Rezoning Mike, It was great talking with you last Thursday, and we hope you keep the airport in mind for future events. This email is a follow-up to our conversation regarding the proposed Carpers Valley rezoning. The Winchester Regional Airport ("Airport") plays a key role in Frederick County's 2035 Comprehensive Plan, and it is in our mutual interest to ensure that development of this parcel is compatible with airport operations and its future development goals. The Airport generally supports the proposal since it changes from a zoning that permits residential uses (R4) to one that does not (M1). During the rezoning process we request consideration of the following improvements for proffer: 1. Provide utility service connections (e.g., electric, gas, water, sewer) and/or spare conduit (e.g., pipe for future fiber/communication lines), to the airport property line with sufficient capacity for future development 2. Establish commercial entrance(s) into airport property including turn lane access onto Coverstone Road extended, as required 3. Provide access easements for utilities 4. Install sidewalk on the airport side of the road In our view, these improvements support the business development goals of the Comp Plan, benefit the public, reduce costs and duplication of effort (e.g., mobilization, permitting fees), increase the viability of near-term airport development, and enhance the utility of the new commercial property by facilitating convenient intermodal access. In turn, the Airport can offer the following: Any necessary infrastructure for a gas distribution station may be placed on airport property Contractor staging area locations We appreciate your consideration and look forward to continued discussion on the matter. Please let me know if you have questions. Nick Nicholas Sabo, A.A.E. Executive Director Winchester Regional Airport Authority 491 Airport Drive Winchester, VA 22602 540-662-5786 VIRGINIA FREEDOM OF INFORMATION ACT NOTICE: This e-mail and any of its attachments may constitute a public record under the Virginia Freedom of Information Act. Accordingly, the sender and/or recipient listed above may be required to produce this e-mail and any of its attachments to any requester unless certain limited and very specific exemptions are applicable. IV. AGENCY COMMENTS October 12, 2018 Ms. Candice Perkins, AICP, CZA Assistant Director Frederick County Department of Planning and Development 107 N Kent St, Suite 202 Winchester, VA 22601 RE: Carpers Valley Industrial Park Rezoning Application Frederick County, VA Dear Candice, Christiana Executive Campus 121 Continental Drive, Suite 207 Newark, DE 19713 T: 302-655-4451 F:302-654-2895 www.pennoni.com This letter is to accompany the application submission for the Carpers Valley Industrial Park rezoning and the request to be placed on the November 7, 2018 Frederick County Planning Commission Agenda. Prior to this submission, a draft of the application was submitted to review agencies for comment. We have made adjustments to the draft application documents with respect to the comments received. I have provided below a response to all of the comments made by review agencies. Our responses are as follows: Planning and Development (Candice Perkins, Assistant Director, AICP, CZA) 1. Provide a redline copy of the proffers that show the original text and proposed changes. We have provided an attachment titled "Governors Hill Proffer Comparison" in which we address how each proffer of the approved Governors Hill rezoning application is impacted by the independent rezoning of the properties in this application. 2. The approved proffers have some requirements that are past their deadline. Clarify how this will be addressed and coordinated with all parties'subject to the approved rezoning. As noted in the previous response, we have provided comments on how this application would impact the remaining commercial and residential land bays of the Governors Hill proffers. The proffers submitted with this rezoning will mitigate the impacts created by this development on the surrounding infrastructure and transportation network. 3. The 2035 Comprehensive Plan and the Senseny/Eastern Frederick Urban Area Plan provide guidance on the future development of the property. The property is located with the SWSA. The 2035 Comprehensive Plan identifies these properties with a 82/83 land use designation (commercial/transition uses). The requested M1 (Light Industrial) District is inconsistent with the Comprehensive Plan. The subject property falls within the Airport Support Area of the 2035 Comprehensive Plan. Under the Public Facilities -Winchester Regional Airport -Current Conditions section of the 2035 comprehensive plan, it states that "business and industrial uses should be the primary land uses in the Airport Support Area and will be supported." It is, therefore, our understanding that warehousing and light industrial land uses are in conformance with the comprehensive plan. Furthermore, this application proposes two-thirds (2/3) or more of the proposed land use to conform with allowed uses within the B/3 transitional land use designation. Carpers Valley Industrial Park October 12, 2018 Page 2 Proffer Statement 4. This site was rezoned as a planned community district which contained proffers to be coordinated between three property owners. This application does not account for many of the proffers associated with the original rezoning and therefore places these obligations on the other parcels associated with Rezoning #10-08 (revised in 2014). Coordination with all property owners associated with the original rezoning and Master Development Plan should be considered. The applicant has carefully considered the conditions established by the proffers associated with the original rezoning and the obligations of all parties associated with that rezoning. The proposed proffers associated with the rezoning of the subject property directly mitigates the impacts generated by this proposed commercial/industrial development in the Airport Support Area. The remaining properties of the original rezoning application will be expected to continue to contribute to the proffers associated with the impacts that development will generate. As noted in the previous response, we have provided comments on how this application would impact the remaining commercial and residential land bays of the Governors Hill proffers. S. It is required that the impact analysis for the development address all the impacts associated with the proposed rezoning. To that end, specifically identifying all situations where your rezoning proposal created conflicts with the approved rezoning and the approved MDP for the entire project is necessary. You will need to identify impacts that would require adjustments to be made by the other individuals that were party to the original rezoning. The areas of conflict as noted in the comment reside in the transportation impacts of the proposed development of the Governors Hill project. To that end, this application has prepared a Traffic Impact Analysis that evaluated the transportation improvements needed to the surrounding road network by the proposed development. In addition to the necessary improvements proffered to Rt 522, Costello Drive, Prince Frederick Drive and Route 50, the applicant proposes to design and construct or fund the improvements to Coverstone Drive beyond the needed access of the project and to the adjoining properties. Development of the remainder of the project will also generate traffic load to the transportation network. With respect to Coverstone Drive, as written, the original proffers of Phase 1 of Coverstone Drive were the responsibility of both the residential and commercial development. This application is proffering most of phase 2 and 3 of the Coverstone Drive proffers and will make the connection from Prince Frederick Drive through the subject property. 6. This application needs to follow the standard MDP process. The MDP needs to be in a approvable form in order to be included as a proffered component of the rezoning. This includes all applicable fees and MDP agency comments. We will process the Master Development Plan "MDP" for the subject property separately from the rezoning application and have added a Generalized Development Plan "GDP" to the proffer statement. The MDP application is expected to run concurrently with the rezoning application. 7. The MDP should be revised to remove all buildings, the MDP should be more general and show the property, proffered improvements, access and buffers. Staff recommends that the MDP be processed concurrently with the rezoning, but not proffered. Also, amendment the MDP for this property will invalidate the MDP for the reminder of the site. indicate how this will be coordinated with the adjacent property owners originally part to the rezoning. We will revise the MDP to remove all buildings. As noted in the previous response, we will not proffer the MDP with this application. Carpers Valley Industrial Park October 12, 2018 Page 3 Proffer Statement 8. Proffer 1 — Land Use: 1.1 The first sentence should be removed as it is ambiguous 1.2 This proffer should be removed, site would need to follow M-1 requirements 1.3 This proffer is unnecessary We have revised proffer 1 based on several agency comments and the Traffic Impact Analysis Study submitted with this application. ,"Je have left proffer 1.1.3 in the proffer statement to ensure that in the event future land uses are added to the M-1 designation of the Frederick County Zoning Ordinance that do not have high impacts to traffic, they may be allowed uses for the subject property even though they are not listed in the revised 1.1.2 proffer. 9. The need for this proffer is unclear. This new proposed rezoning severs the commercial (proposed industrial) from the residential and therefore the project would no longer be one single unified development. We have removed proffer 2. 10. The title shows signage and landscaping, but the text only addresses architectural styles; no landscaping or signage text. The approved rezoning required the creation of an architectural review board and a property owners association to review the building materials and a comprehensive sign package. We have not removed this proffer but have revised it to remove the landscaping and to reinforce uniformity within the development. 11. The recreational areas text should be removed from the title as it does not apply to this proposed rezoning. Also, the last sentence needs to be clarified. It states that for each parcel or lot associated with the construction of a building the applicant will identify the location for trails and construct "if applicable". Trail locations should be shown on a GDP that connect the public roads to the sites and total construction tied to the development of the parcels. We have revised this proffer. 12. Consideration should be made to ensure water and sewer lines if necessary are available to the adjacent residential site. Revised the name in this proffer to "Frederick Water". We have revised this proffer. 13. Clarify why proffer 16 was removed. We have included a proffer for cultural resources for conducting a Phase I Archeological Study. 14. This proffer does not acknowledge Fire and Rescue - consideration should be made to address impacts on Fire and Rescue similar to past rezoning's. We have included a proffer for Fire and Rescue services. 15. Please note that the 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. Carpers Valley Industrial Park October 12, 2018 Page 4 Proffer Statement No response necessary. 16. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Deportment of Public Works, Frederick Cuuniy Fire Marshal, Frederick Water, County Attorney and the Frederick -Winchester Service Authority. We forward all agency comments. 17. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $22,218 based upon acreage of 122.18 acres. The Master Development Plan fee would be $15,218. No response necessary. Planning and Development (John Bishop, Assistant Director Transportation, AICP) 1. Please provide a redline version of the proffers so that it is clear to decision makers what is changing between proffer versions. We have provided an attachment titled "Governors Hill Proffer Comparison" in which we address how each proffer of the approved Governors Hill rezoning application is impacted by the independent rezoning of the properties in this application. 2. The approved proffers have some items that are past their deadline. Please review and address. As noted in the previous response, we have provided comments on how this application would impact the remaining commercial and residential land bays of the Governors Hill proffers. The proffers submitted with this rezoning will mitigate the impacts created by this development on the surrounding infrastructure and transportation network. 3. The Eastern Road Plan outlines a transportation network in and around the Applicant property. The approved rezoning coordinated between the various parcels outlined a clear path for and proffered the implementation of that network. The Applicant's new proposal appears to shift a significant portion of currently shared responsibility to other properties in a way that appears to make implementation of the network and particularly the very important Eastern Road Plan connection of Coverstone Drive to Route 50 unlikely. This application has prepared a Traffic Impact Analysis that evaluated the transportation improvements needed to the surrounding road network by the proposed development. As a result, the proffers associated with this application propose to implement much of the original proffer commitments. In addition to the necessary improvements proffered to Rt 522, Costello Drive, Prince Frederick Drive and Route 50, the applicant proposes to design and construct or fund the improvements to Coverstone Drive beyond the access needed for the project and to the adjoining Governors Hill project boundary. Additionally, Right -of -Way will be reserved for the access and construction of Tazewell Road and the transportation improvements associated with the traffic load generated by the remainder of the Governors Hill rezoning. With respect to Coverstone Drive, as written, the original proffers of Phase 1 of Coverstone Drive were the responsibility of both the residential and commercial development. This application is proffering most of phase 2 and 3 of the Coverstone Drive proffers and will make the connection from Prince Frederick Drive through the subject property. Carpers Valley Industrial Park October 12, 2018 Page 5 Proffer Statement 4. Master development Plan: We will process the Master Development Plan "MDP" for the subject property separately from the rezoning application and have added a Generalized Development Plan "GDP" to the proffer statement. The MDP application is expected to run concurrently with the rezoning application. a. The Master Development Plan included in your package depicts the future relocated Route 522 in the incorrect location. Per the most recent update of the Eastern Road Plan in December 2017 this roadway will connect to Prince Frederick Drive. Please revise. We will revise the location of Rt 522. b. The Eastern Road plan identifies Coverstone Drive as a through movement to Route 50. The Master Development Plan now shows an intersection which would require a left turn to proceed to Route 50. While the staff preference would be to restore the through movement, at a minimum the intersection should be a roundabout to provide smooth flow of traffic and calming at this location since this is also the transition point to the future residential section. We Have revised the configuration of Coverstone to more closely match the location and configuration on the approved MDP for Governors Hill. c. Please revise graphics to make the trail more visible. We will revise the graphics. d. The Master Development Plan depicts an entrance extremely close to point C. This proposed intersection will not meet VDOT spacing standards. We will revise the configuration of the entrances and Coverstone Drive. 5. Traffic Impact Analysis: a. The TIA depicts considerably lower traffic generation than the previous rezoning. However, the proffers do not limit the uses commensurate with the depicted traffic generation. Due to the ability to place higher generating uses than are depicted in the current TIA the TIA will need to be revised or the proffers will need to be revised. We have revised proffer 1 Land Use to match the inputs and findings of the TIA. b. Phase 1 of the TIA considers 405,000 gross square feet while Phase l of the proffer statement allows 500,000 gross square feet. Please address this discrepancy. We have coordinated the square footages between the TIA and the proffers. c. Please analyze options for Prince Frederick Drive to ensure that all movements of the intersection operate at an acceptable level of service at build out. Carpers Valley Industrial Park October 12, 2018 Page 6 Proffer Statement We have coordinated the TIA with VDOT and are including the Revised TIA and VDOT comments and our responses separately with the application. d. The traffic analysis for Route 522 and Costello Drive shows results that are different from current real- world operations. Please review and consider options. We have coordinated the TIA with VDOT and are including the Revised TIA and VDOT comments and our responses separately with the application. 6. Proffer 6.1: This proffer notes 'reasonable adjustments permitted for final engineering'. Please revise to include subject to VDOT and County approval. We have revised the transportation proffers with respect to multiple agency comments. This has been included in the revisions. 7. Proffer 6.2: a. Phase I of the TIA models 405,000 square feet while Phase I of the proffer statement allows 500,000 square feet. We have revised the transportation proffers with respect to multiple agency comments. This has been included in the revisions. b. Please address a scenario whereby development square footage doesn't exceed Phase I square footage. The TIA demonstrates that the proffered transportation improvements in this application with the Phase I development of 405,000 Sf of M-1 land use mitigate most all impacts generated by the project in its entirety. The only transportation proffers not included in Phase I are signal improvements on Rt 50 and the extensions of Coverstone Drive to the property limits. Consequently, the traffic analysis reviewed by VDOT demonstrates that most of the impacts associated with the potential 1,305,000 SF of High -Cube Warehouse land use proposed in Phase II are already mitigated with the initial transportation improvements proffered with the Phase I development. Should another entity design, fund and construct any of the proffered improvements, the Owner shall provide the necessary Right -of -Way. 8. Please note comments from above related to right-of-way for potential roundabout intersection at point C. This application will remain consistent with the configuration of the approved Governors Hill MDP at this intersection. 9. Proffer 6.5: Please note comments from above regarding Costello Drive intersection with Route 522 and review Frederick County's SmartScale applicationfor this location. In addition, please note TIA concerns regarding the intersection of Prince Frederick Drive and Route 50. Please recognize and coordinate with the approved proffer for Rezoning #01-17, DMJ Holdings LLC. We have coordinated the TIA with VDOT and are including the Revised TIA and VDOT comments and our responses separately with the application. Carpers Valley Industrial Park October 12, 2018 Page 7 Proffer Statement 10. Proffer 6.6: This proffer states that right of way will be dedicated to the neighboring properties to allow further construction of future roadways by others'. While this proffer will allow others that are currently part of this coordinated development to connect to the portion of Coverstone Drive that this application proposes to construct, it also creates a situation which would not allow the portion of Coverstone Drive that this application proposes to construct to be accepted into the state system due to not connecting to neighboring parcels. We have revised the transportation proffers to construct or fund Coverstone Drive to the adjoining property. The final leg of Coverstone Drive is now left as to be constructed or funded in order to allow flexibility of the adjoining properties to construct Coverstone in a manner that best benefits the highest and best use of their property. 11. Proffer 6.7: This proffer appears to state that if right-of-way is unavailable that proffered improvements will not take place and the development will proceed with no further mitigation to offset development impacts. Any right-of-way needs for this project to implement proffered improvements should be secured by the Applicant prior to development. Please review and revise. We have revised this proffer to include a onetary contribution for the construction costs to Frederick County for the improvements in the event that ROW can not be obtained. County Attorney (Roderick Williams, County Attorney) 1. With respect to Hines Acquisitions, LLC ("Hines"), which I gather is the contract purchaser of the Subject Property, please proved status of its good standing as an entity in its state of organization. I was unable to find it registered with the Virginia State Corporation commission ("SCC') While recognizing that mere property ownership (or status as a contract purchaser) does not require registration with the SCC and also may not necessarily be required to apply for a rezoning, we nonetheless must verify that Hines is a valid entity in its state of organization. We have included this information with the application. In the headings, instead of stating "ORIGINAL DATE OF PROFFERS'; stating "DATES OF PROFFERS FOR PREVIOUS REZON/NGS', followed by the indicated dates, may provide better clarity, as this is a new rezoning of the Subject Property. We have revised the Proffer Statement accordingly. In the second paragraph of the introduction and throughout the remainder of the Proffer Statement, the term "Applicant" should be changed to "Owner". This is more in keeping with the concept that proffers run with the land and are therefore obligations of future owners, instead of third parties, such as applicants who might not ever be owners of the property. We have revised the Proffer Statement accordingly. 2. With respect to the references to the Master Development Plan ("MDP") in the second paragraph of the introduction: Typically, it is a generalized development plan that an applicant/owner submits as part of a Carpers Valley Industrial Park October 12, 2018 Page 8 Proffer Statement Proffer statement. A master development plan is a more detailed document submitted following the rezoning, closer in time to beginning of actual project development. We will process the Master Development Plan "MDP" for the subject property separately from the rezoning application and have added a Generalized Development Plan "GDP" to the proffer statement. The MDP application is expected to run concurrently with the rezoning application The references to the document have two separate dates, lune 2018 and August 2018, and should be one specific date, to avoid any ambiguity about which referenced document is the controlling document. We have revised the proffers accordingly and are referencing the GDP. Typically, any generalized development plan is included as an attachment to the proffer statement and, so, the Proffer Statement should reference the document as an attachment and, prior to any final approval of the rezoning, we will need a copy in a size that is suitable for recordation (82z X 11 or 82) X 14). Because proffer statements are recorded, this also means that it may be impractical (as further revisions of the Proffer Statement may occur) and unnecessary to reprint the Proffer Statement as part of the attachment. It appears that the only two pages that may be necessary as part of a generalized development plan are Sheets 4 and 5. We have included a GDP with the revised proffer statement The last sentence would allow adjustments that "do not eliminate or substantially relocate the areas indicated". This appears to allow for the reduction of indicated area. Accordingly, revision of the language to "do not eliminate, substantially reduce, orsubstantially relocate the areas indicated" may be appropriate. We have revised the proffers as suggested. 3. Proffer 1 — None of three provisions of this proffer are necessary. Proffer 1.1 essentially does nothing more than restate what the second paragraph of the introduction already states. Proffers 1.2 and 1.3 recite nothing more than what the Zoning Ordinance would already allow (and, as to Proffer 1.3, a proffer statement cannot otherwise state any additional commitments on behalf of the governing body, beyond what the law already requires of the governing body). We have revised proffer 1 based on several agency comments and the Traffic Impact Analysis Study submitted with this application. We have left proffer 1.1.3 in the proffer statement to ensure that in the event future land uses are added to the M-1 designation of the Frederick County Zoning Ordinance that do not have high impacts to traffic, they may be allowed uses for the subject property even though they are not listed in the revised 1.1.2 proffer. 4. Proffer 2 — This proffer does not appear to state obligations beyond ordinance requirements and therefore is unnecessary. To the extent that "one single and unified development" is a separate requirement, the concept is notsufficiently determinable, especially in the context of a largerscale commercial/industrial development We have removed proffer 2. Carpers Valley Industrial Park October 12, 2018 Page 9 Proffer Statement 5. Proffer 3 — What constitutes "compatible architectural styles" is not clear. We have not removed this proffer but have revised it to remove the landscaping and to reinforce intended uniformity within the development. 6. Proffer 4 — The proffer indicates that trails shall be in the location generally depicted on the MDP, but also indicates that, for each lots parcel associated with a structure, "the Applicant agrees to identify the location on said lot or parcel for trails". The MDP shows one or more trails along Coverstone Drive, but the proffer is otherwise unclear regarding the process for determination of other trail locations. We have revised this proffer. 7. Proffer 5 — To the extent that the proffer involves commitments for facilities on the Subject Property, the proffer is unnecessary as development of utility infrastructure within a property is typically already the property owner's obligation. Understood, we have not removed this proffer with respect to agency comments received from Frederick Water. 8. Proffers 6.1, 6.3, and 6.4 — Proffer 6.1, which refers only to "The major roadway'; as opposed to specifically identifying what it presumably is — Coverstone Drive — could seemingly be combined with Proffer 6.2. Relative to Proffer 6.3, conceivably, because subdivision of the land area might not be necessary (depending on the specific attributes of the development), it may be more appropriate to trigger dedication based upon another event, again, it may be possible to include this in Proffer 6.2 (Proffer 6.6, also concerning dedications, only references right-of-way dedications regarding construction of future roadways by others). Therefore, to cover the foregoing comprehensively, Proffer 6.2 could simply state, in its introduction: "The Owner shall dedicate, design, and construct Coverstone Drive, in the general location shown on the Generalized Development Plan, as o full section with raised medians on a minimum 90' right-of-way, all in accordance with Virginia Department of Transportation specifications, according to the following phasing schedule:". We have revised the transportation proffers with respect to multiple agency comments. 9. Proffer 6.2 — With respect to Phase 1, the Proffer commits to construction of the roadway to base asphalt but does not indicate how or when it would be completed sufficiently for acceptance into the VDOT Secondary System. Likewise, with respect to Phase 2, the Proffer does not specify completion adequate for acceptance into the VDOT Secondary System. We have revised the transportation proffers with respect to multiple agency comments. We have included more detail as to the phasing of the improvements with respect to the timing of heavy construction activity within the planned development. 10. Proffers 6.5 and 6.7 — Proffer 6.5 should make the referenced exhibit an attachment to the Proffer Statement and so state that. With respect to Intersection 2, the label on the exhibit is simply "Prince Frederick Drive at Costello Drive'; without any reference to Route 50. Staff will want to confirm the extent to which adequate right-of-way is available for completion of the improvements. With respect to Proffer 6.7, the proffer does not define "good faith efforts to obtain" adequate right-of-way. If adequate right-of- Carpers Valley Industrial Park October 12, 2018 Page 10 Proffer Statement way cannot be obtained, staff will want to determine the extent to which the proffer mitigates impacts of the proposed development. We have revised the transportation proffers with respect to multiple agency comments. We have included this comment in the revisions. No response necessary for the final point made. 11. Proffer 6.6 — The proffer does not state a time frame for the commitment to dedicate right-of-way for future roadways. We have added timeframes to the transportation proffers. 12. Relationship with proffers for Rezoning 05-13 —Rezoning 05-13 includes the most recent proffers for the Subject Property and for designated adjacent/nearby properties. The proffers for that rezoning also divided the site into Land Bay 1 for residential development and Land Bay 2 (substantially the same as the Subject Property) for commercial/industrial development. We have provided an attachment titled "Governors Hill Proffer Comparison" in which we address how each proffer of the approved Governors Hill rezoning application is impacted by the independent rezoning of the properties in this application. 13. Relative to items in the proffers for Rezoning 05-13 that are not based on a specified quantum of development activity on any portion of the property subject to Rezoning 05-13, the Proffer Statement as proposed would likely control as to the Subject Property and the proffers for Rezoning 05-13 would likely control as to the remainder. No response necessary. 14. Likewise, relative to quantitative limits in the proffers for Rezoning 05-13 that were exclusive to Land Bay 2 (see Rezoning 05-13 Proffer 1.6), the land area relevant here, the Proffer Statement as proposed would likely control as to the Subject Property. In each instance, however, staff will want to confirm the appropriateness of having the prior proffers being superseded as to the Subject Property. No response necessary. 15. To avoid any ambiguity, clarification in the Proffer statement regarding the inclusion of the Subject Property in the Master Property Owners' Association and a Commercial POA would be helpful (see Rezoning 05-13 Proffer 12). No response necessary. 16. Staff should be aware that, for the construction of Coverstone Drive, Proffer 6.2 has commercial/industrial square footage triggers and specific segments and improvements to be constructed and/or installed that are different from those in Rezoning 05-13 Proffers 15.2, 15.3, 15.7, and 15.11. No response necessary. 17. Rezoning 05-13 Proffers 15.5 and 15.6, regarding payments for improvements at the intersections of, respectively, (a) Millwood Pike and Victory Road, and (b) Costello Drive and Prince Frederick Drive, cannot necessarily be reconciled with the Proffer Statement, as to future responsibilities for the commitments, and Carpers Valley Industrial Park October 12, 2018 Page 11 Proffer Statement participation, by the owners of the other properties subject to Rezoning 05-13, in the proposed rezoning may be more appropriate. The proffers submitted with this rezoning are based on the results of the Traffic Impact Analysis Study and will mitigate the impacts created by this development on the surrounding infrastructure and transportation network. The proffered roadway improvements have been reviewed and coordinated with VDOT and we are including the Revised TIA and VDOT comments and our responses separately with the application. Frederick Water (Eric Lawrence, Executive Director) 1. The project parcels are located within the sewer and water service area (SWSA) and in an area presently served by Frederick Water. The SWSA enables access to public water and sewer service by county policy. Inclusion within the SWSA does not guarantee that sanitary sewer and water conveyance and treatment capacities are available to serve the property. No response necessary. 2. The rezoning application proffer states that the proposed use will be limited to uses permitted in the M1 Light Industrial Zoning District. The impact analysis statement is silent on the proposed water and sewer demands. We have updated the Impact Analysis to include preliminary water and sanitary sewer flow estimates based on typical industrial flows for the Phase 1405,000 SF land use and typical Warehouse flows for the Phase II High -Cube Warehouse use. Final flows can only be determined at time of site plan application when a specific land use is identified. These flow estimates are approximately 25 acres of light industrial +/- 250,000 GPD; +/-75 acres of warehouse +/- 30,000 GPD. 3. Facilities for conveyance of water to, and sanitary sewer from, the subject properties do presently exist. Until the proposed uses' projected water and sewer demands are known, it is unknown if the existing conveyance network has the capacity to accommodate the projected demands. No response necessary. 4. The Impact Analysis (IA) acknowledges the existence of a 12 -inch water main which traverses the property in an east -west manner. The IA states that the water main will be re-routed as necessary to accommodate site development plans. Please note that this water main is a fully functional, operational, and in-service water main and that any re-routing will need to be coordinated in advance with Frederick Water. More importantly, the applicant will need to establish the new water main route and easements, completely construct the new infrastructure, have the new infrastructure accepted by Frederick Water and placed into service, prior to disturbing the existing water main. No response necessary. 5. The property has access to an existing gravity sewer system. The existing gravity sewer running parallel to Millwood Pike continues to be inundated by the adjacent pond water. Historically, the use of the pond for irrigating the Carper Valley Golf Course resulted in a pond water level that was suitable for the sewer manholes. When the golf course ceased operations, the pond's water levels rose, and only minimal Carpers Valley Industrial Park October 12, 2018 Page 12 Proffer Statement maintenance, if any, of the pond's overflow culverts was undertaken. The culverts are generally clogged and non functioning, resulting in higher water levels in the pond. With the proffer statement promoting Coverstone Drive for vehicular access to the proposed industrial park, it would appear that the original entrance to the golf club and the driveway's use as the pond's earthen dam may no longer be necessary. Please either reduce the height of the earthen dam or implement a maintenance program on the pond's overflow culvert so that the pond elevation does not exceed the height of the gravity sewer manholes. Evaluation of this issue will occur with the preparation of public improvement and site plans. Adaquate maintenance and potential construction improvements can be addressed during the design review of the construction permit plans. 6. The gravity sewer system which is positioned to serve the proposed industrial park terminates at the Route 50 Pump Station, located immediately east of the subject property. This pump station is near capacity and will require upgrades to accommodate future growth and flows. Expansion of the pump station site will also be necessary to accommodate the new pump station. No response necessary. 7. The proffer statement is silent on improvements that would be constructed by the applicant to meet water and sanitary sewer demands. Accordingly, the comments offered herein are general in nature. The ultimate decision regarding the ability to serve the property with adequate water and sanitary sewer will be determined at the time the site's uses are determined, conveyance facilities are constructed, and water and sewer connection fees are paid to Frederick Water. Sanitary sewer system capacity is not reserved until the sewer connection fee is paid to Frederick Water, and physical connection to the system is made. No response necessary. 8. Water and sanitary sewers are to be constructed in accordance with Frederick Water standards specifications. Dedicated easements may be required and based on the layout vehicular access will need to be incorporated into the final design. No response necessary. Delaware Page 1 The First State I, .JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF FORMATION OF "HINES ACQUISITIONS LLC", FILED IN THIS OFFICE ON THE SIXTEENTH DAY OF DECFjOER, A.D. 2016, AT 2:31 O'CLOCK P.M. 6251497 8100 SR# 20167124926 You may verify this certificate online at corp.delaware.gov/authver.shtml W, suNock, x"Mb g d sue. Authentication: 203537575 Date: 12-19-16 —Vt UO�yu "IYCIVPr. 1". GAJ IOpLO^vnpl/-YAur^pppq-noualC r rMU%, rp State of Delaware Secretary of State Division of Corporations Delivered 02:31 PTV112/16/2016 CERTIFICATE OF FORMATION FILED 02:31 PNI 12/16/2016 OF SR 20167124926 - File Number 6251497 HINES ACQUISITIONS LLC This Certificate of Formation of Hines Acquisitions LLC (the "Company') is being executed and filed by the undersigned authorized person for the purpose of forming a limited liability company under the Delaware Limited Liability Company Act (6 Del. Code § 18-101 et seq.). Article One The name of the Company is Hines Acquisitions LLC. Article Two The address of the registered office of the Company in the State of Delaware is 1209 Orange Street, Wilmington, New Castle County, Delaware 19801, and the Company's registered agent at that address is The Corporation Trust Company. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Formation on December 15, 2016. [DQCU!St . gned by: E2508928BB1F4B0... Richard Heaton, KM Authorized Person Certificate of Formation Hines Acquisitions LLC Rezoning Comments "MMOXOM Frederick Countv Department of PuhficIVorks "Mag to: Fn:-dtT1A Countv Dept. til -Public WorLs Attli- Director of.F.Rgineerwg 10 7 North Kern Street W'tnchestcr, Virgirita -72601 (540) 665-5(43 Hand diyfiver- to; Frederick County Dept, c4-Pubho X. or Atut.- Director of Engineering 107 -North Kent Street Suite 200 W11101"Ie'stur, VITgmid Appli"lit: pica'>k: i 1 ,out 1110 ifil'orruation as aituraie r as possibic In order !,) a,,lIst tile, I)ePqrnw-tv of v ah rtw!tc,% Attach a copy of (jur upplivation form. Ificadon, map, pr(Ifter sfttemoa, impact flirt and and any other pc- rti"'"t informatiion. App'iicanfs Name: -Pennonr Associates Inc./David Frank 'I'ClePh011c' 540-667-21-49 Mai 'inn Address: 117 E. Piccadilly Strieet suite ZQQ Winchester, VA 22601 Location of property' Approximately I mi east of 1-81 on the south ' is - i - de of Millwood Pike (R, 50), right on Prince Frederick Or, left or. (overstone Dr R4 Zoning rv-(ju,.;s(cd: y Acreage., 122.!8 De P- Art.-nent of Public Wurk-,-i Comments: c" —.& I r', IS, Ck,* 4,de 411 e -i V ' ie -f �9&3';-j f I- I 6g-0- InVe y 0 4re 91 PuNic Works Siftature & Date: Notice to Dtpt. of Publit orks Please Return This Form to the Appfic2nt it , n Rezoning Comments R E � Id `-tW AUG Frederick, County Fire marshal Mail to: Hand deliver to: Frederick County Fire Marsha! Frederick County Fire & Rescue Dept. 15001 Cll'.erstone t_)rlV� Attn: Vire :Marshal Winchester, Virginia 2-260' Public Sr,fliv PLiilding (540) 665-63)50 1800 C'o erstone Dri:e. Winchester. Virginia Applicant: Please fill out the information as accurately- as Possible in order to assist the Frederick County Firc Marshal with his rcview. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant'.,, Name: Pe no•ii Associates inc.; David Frank T--1; phon, - -40.067-21.33 Mailing, Address: 117 F. Piccadilly Street Suite 200--------_._._�. Winchester, VA 22601 Location of property': Approximately 1 mi east of 1-8i on the scum side of Millwood Pike (Rt. 50), right on Prince Frederick Dr, left on Coverstone Dr Current zoning: R4 Zoning requested: M1 Acreage: 122.18 FireNTarshal's Comments: r Fire ,Marshal's Signature & Date: Notice to Fire Marshal - Please Return This Form to the ,applicant 22 Frederick Coun,� Department of Fire and Rescue Office of the Fire Marshal 1080 Coversione Drive Winchester, VA 22602 (540) 665-6350 Far: (540) 678-4739 '.nail: f noOfma., us Flan Review & Comments Date Received Date Reviewed 8/9/2018 8/21/2018 Plan/Permit Type Rezoning Application 08-09-18 Name Carpers Valley Industrial Park Address Coverstone DR Winchester VA 22602 Project Name New Construction Applicant Name & Number Pennoni Associates 540-667-2139 RE# Permit Number Emergency Vehicle Access: Adequate Inadequate 41A i Hydrant Location: Adequate Inadequate NYA Siamese Location: Adequate Inadequate I NIA Fire Lanes Required: Yes No NSA Plan Approval Status Approve Comments Y i Signature: Reviewed By: Kenneth Scott, Jr. Title: Rezoning Comments Frederick -Winchester Service Authority Mail to: Hand deliver to: Fred-Winc Service Authority Fred-Winc Service Authority Attn: Executive Director Attn: Executive Director P.O. Box 43 107 North Kent Street Winchester, Virginia 22604 Winchester, Virginia (540) 722-3579 Applicant: Please fill out the information as accurately as possible in order to assist the Fred-Winc Service Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Pennoni Associates Inc -/David Frank Telephone: 540-667-2139 Mailing Address: 117 E- Piccadilly Street Suite 200 Winchester, VA 22601 Location of property: Approximately 1 mi east of 1-81 on the south side of Millwood Pike (Rt. 50), right on Prince Frederick Dr, left on Coverstone Dr Current zoning: R4 Zoning requested: M1 Acreage: 122.18 Fred-Winc Service Authority's Comments: Fred-Winc Service Authorit s �� Signature & Date: a Notice to Fred-Winc Ser a Authority - Please Return Form to Applicant 33 6�L