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Home My WebLink About07-22 CommentsCOUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 July 20, 2022 Thomas Moore Lawson, PC (via email to: tlawson@lsplc.com) PO Box 2740 Winchester, VA 22604 RE: Proposed Rezoning for Renaissance 65 LC & Renaissance 35 LC Property Identification Numbers (PIN): 74-A-68 & 74-A-69 Dear Mr. Lawson: 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) #04-17 (Carbaugh Business Center). The subject property is located along Shady Elm Road in the Back Creek 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 minor proffer amendment does not alter the approved zoning of the property (M1 – Light Industrial) or any of the approved land uses. The project remains in conformance with the Comprehensive Plan. 2. Impact Analysis Statement. The applicant should provide an impact analysis statement providing written justification for the requested minor proffer amendment. 3. Proffer Statement. Include reference to REZ #04-17; all other proffers previously approved continue to apply outside of the revisions to Proffer 5 and Proffer 6. 4. Transportation Comment. Inter-parcel connections should be considered to provide adequate circulation and access within the development. 5. Agency Comments. The following agencies shall provide written comment: Virginia Department of Transportation (VDOT), and the County Attorney. 6. Application Materials & Fee. In addition to the documents already submitted, the Rezoning Application check list also requires the following items: impact analysis statement, tax payment verification document, and power-of-attorney. Based on the fees adopted by the Board of Supervisors, the rezoning fee for this application would be $1,000 as the minor proffer amendment does not require a public hearing. 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. Renaissance 65 LC & Renaissance 35 LC July 20, 2022 Page 2 Please feel free to contact me with questions regarding this application. Sincerely, M. Tyler Klein, AICP Senior Planner MTK/pd Cc: Renaissance 65 LC & Renaissance 35 LC, c/o The Peterson Companies (via email to: koosterbeek@petersonco.com) 1 From:John Bishop <jbishop@fcva.us> Sent:Thursday, July 21, 2022 1:34 PM To:Thomas Moore Lawson, Esq. Subject:RE: '[External]'Peterson rezoning Ty, you are correct that this can be a minor proffer revision and the fee for that is $1,000.00. At this time the proffer language appears to be consistent with our discussion from the meeting and I don’t have a comment at this time. Thank you Jhn 1 From:Carter, Edwin <edwin.carter@vdot.virginia.gov> Sent:Friday, July 22, 2022 9:02 AM To:Thomas Moore Lawson, Esq. Cc:Matthew Smith; Lloyd Ingram Subject:Re: FW: Minor Proffer Amendment Good morning Ty. Our Land Development group has reviewed and do not have any concerns from VDOT with the proposed changes. Ed Edwin Z. Carter Residency Administrator Office-540 534-3204 Cell-804.396.0082 edwin.carter@vdot.virginia.gov On Wed, Jul 20, 2022 at 2:10 PM Thomas Moore Lawson, Esq. <tlawson@lsplc.com> wrote: Ed, This is a follow up to my correspondence of July 8th regarding the minor proffer amendment for the Renaissance 65 LC and Renaissance 35 LC property in Frederick County. Please let me know if VDOT has any comments to the application. Thanks, Ty Thomas Moore Lawson, Esquire 2 Thomas Moore Lawson, P.C. Of Counsel-Williams Mullen P.O. Box 2740 Winchester, VA 22604 Ph: 540-665-0050 Fax: 540-722-4051 Email: tlawson@lsplc.com _______________________________________________________________________________ The information contained in this message is information intended only for the use of individual or entity named above, and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address. From: Thomas Moore Lawson, Esq. Sent: Friday, July 8, 2022 10:34 AM To: 'Carter, Edwin' Subject: Minor Proffer Amendment Ed, Please see the attached correspondence. Thanks, Ty Thomas Moore Lawson, Esquire Thomas Moore Lawson, P.C. Of Counsel-Williams Mullen P.O. Box 2740 3 Winchester, VA 22604 Ph: 540-665-0050 Fax: 540-722-4051 Email: tlawson@lsplc.com _______________________________________________________________________________ The information contained in this message is information intended only for the use of individual or entity named above, and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address. See attached email from Lloyd Ingram w/ VDOT To Mr. Ty Lawson dated July 26, 2022.6 1 From:Rhonda Funkhouser <Rhonda.Funkhouser@vdot.virginia.gov> Sent:Tuesday, July 26, 2022 4:21 PM To:Thomas Moore Lawson, Esq. Cc:Lloyd Ingram; jbishop@fcva.us Subject:Renaissance 65 LC and Renaissance 35 LC - Proffer Adjustment Attachments:Renaissance 65 LC & Renaissance 35 LC.pdf DEPARTMENT OF TRANSPORTATION Edinburg Land Use 14031 Old Valley Pike Edinburg, VA 22824 Mr. Lawson: A VDOT review has been conducted for the Renaissance 65 LC and Renaissance 35 LC Proffer Adjustment proposal with a submittal date of July 08, 2022. Based on the review of the proposed changes to the proffers, the request is acceptable to our office. If you have any questions or need further information, please do not hesitate to contact me. Regards, Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency ~ Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 534-3214 Fax #(540) 984-5607 1 From:Rod Williams <rwillia@fcva.us> Sent:Friday, July 15, 2022 11:20 AM To:Thomas Moore Lawson, Esq. Cc:Wyatt Pearson; John Bishop; Tyler Klein Subject:Carbaugh Business Center, Revision to Proffer Statement for Rezoning #04-17 for Parcels 74-A-68 and 74-A-69 Dear Ty: I am in receipt of the proposed minor proffer amendment, to Site Improvements Items 5 and 6 of the Proffer Statement for above 2017 rezoning. I have reviewed the draft amendment and it is my opinion that the proposed Amendment to 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. Sincerely yours, Rod Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 540-722-8383 rwillia@fcva.us