HomeMy WebLinkAbout06-22 CommentsCOUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
July 29, 2022
David Frank (via email to: dfrank@penonni.com)
Penonni
117 East Piccadilly Street
Winchester, VA 22601
RE: Proposed Rezoning for Tasker Road ad Warrior Drive Commercial
Property Identification Numbers (PIN): 75-A-104E
Dear Mr. Frank:
Planning and Development staff had the opportunity to review the draft rezoning application.
This application seeks to amend proffers previously approved with rezoning application (REZ)
#04-18. The subject property is located along Tasker Road and Warrior Drive in the Opequon
District. 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. Comprehensive Plan Conformance. The proposed proffer amendment does not alter
the approved zoning of the property (B2 – General Business) or any of the approved
land uses. The project remains in conformance with the Comprehensive Plan which
envisions this area of the County for “business.”
2. Impact Analysis Statement. The applicant should provide an impact analysis
statement providing written justification for the requested proffer amendment.
3. Proffer Statement. Include reference to REZ #04-18 under the subsection
“Preliminary Matters.” For Proffer B (Restricted Hours of Operation) the owner may
consider rephrasing the statement to specify “ATM/ITM machine as an accessory use
to a financial institution/bank shall be allowed unrestricted 24-hours a day, 7 days a
week.”
4. Agency Comments. The following agencies shall provide written comment: the
County Attorney.
5. Application Materials & Fee. In addition to the documents already submitted, the
Rezoning Application check list also requires the following items: impact analysis
statement, and tax payment verification document. Based on the fees adopted by the
Board of Supervisors, the rezoning fee for this application would be $10,850.
Tasker Road and Warrior Drive Commercial
July 28, 2022
Page 2
All of the above comments and reviewing agency comments should be appropriately addressed
before staff can accept this rezoning application for public hearing. The Applicant should verify
with Planning & Development staff application completeness prior to final submission.
Please feel free to contact me with questions regarding this application.
Sincerely,
M. Tyler Klein, AICP
Senior Planner
MTK/pd
Cc: Tasker Warrior Properties, LLC, c/o Beverly Shoemaker (via email to:
bshoemaker@bowman-shoemaker.com)
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mail rwillia@fcva.us
July 28, 2022
VIA EMAIL
Mr. David Frank
Pennoni Associates Inc.
117 East Piccadilly Street, Suite 200
Winchester, VA 22601
Re: Rezoning Application – Tasker Warrior Properties, LLC – Tax Parcel Number
75-A-104E (“Subject Property”) – Proffer Statement revised May 5, 2022
(“Proffer Statement”)
Dear Mr. Frank:
You have submitted to Frederick County for review the Proffer Statement, received by
my office on July 26, 2022, for the proposed rezoning of the Subject Property, 8.5± acres in the
Shawnee Magisterial District, from the B2 (General Business) District, with proffers, to the B2
(General Business) District, with revised proffers. I have now reviewed the Proffer Statement
and it is my opinion that the 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:
Preliminary Matters – To avoid any ambiguity, the reference to Rezoning Application
#002-98 should be left blank, to allow insertion of the current rezoning application
number. Likewise, the reference to the parcel number should be revised to show only
parcel number 75-A-104E, as the Proffer Statement does not otherwise purport to amend
the proffers applicable to those parcels that were part of the previous 1998 and 2019
rezonings.
Mr. David Frank
July 28, 2022
Page 2
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.
Sincerely,
Roderick B. Williams
County Attorney
cc: Wyatt Pearson, Director, Planning & Development, Frederick County (via email)
Tyler Klein, Senior Planner, Planning & Development, Frederick County (via email)