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Home My WebLink About01-25 Comments1 David Frank From:Johnson, Joseph (VDOT) <JosephW.Johnson@vdot.virginia.gov> Sent:Wednesday, November 13, 2024 11:19 AM To:Spielman, Joseph (VDOT); Douglas R. Kennedy; Wan Chong; David Frank; erneff@yahoo.com Cc:Funkhouser, Rhonda (VDOT); Tyler Klein; (jbishop@co.frederick.va.us) Subject:Re: Neff Property Commercial rezoning Frederick County TM 86-A-77 David/Tyler, VDOT has reviewed the rezoning application for the Neff property (TM#86-A-77) located on Double Church Road (Route 641) near the intersection with Fairfax Pike (Route 277) and we are in agreement with the recommendations identified within the Traffic Impact Analysis dated 10/02/2024. The applicant proposes to extend Berkeley Street through the site which provides a parallel roadway that sufficiently mitigates any impacts of this development. Please let me know if you have any additional questions. Joseph W. Johnson, PE Area Land Use Engineer / Edinburg Residency Virginia Department of Transportation 14031 Old Valley Pike / Edinburg, VA 22824 Phone #540.534.3223 josephw.johnson@vdot.virginia.gov From: Spielman, Joseph (VDOT) <Joseph.Spielman@vdot.virginia.gov> Sent: Thursday, October 17, 2024 8:47 AM To: Douglas R. Kennedy <dkennedy@Pennoni.com>; Johnson, Joseph (VDOT) <JosephW.Johnson@vdot.virginia.gov>; Wan Chong <WChong@Pennoni.com>; David Frank <DFrank@Pennoni.com>; erneff@yahoo.com <erneff@yahoo.com> Cc: Funkhouser, Rhonda (VDOT) <Rhonda.Funkhouser@VDOT.Virginia.gov>; Tyler Klein <tklein@fcva.us>; (jbishop@co.frederick.va.us) <jbishop@co.frederick.va.us> Subject: Re: Neff Property Commercial rezoning Frederick County TM 86-A-77 Doug, VDOT has reviewed the Neff Rezoning-Traffic Impact Study, dated 10-2-2024 and agree with the findings and have no additional comments. We will provide any additional comments, if needed, once the complete rezoning package is submitted. Ryan Joseph Ryan Spielman Land Development Engineer / Edinburg Residency Virginia Department of Transportation 540-535-1829 joseph.spielman@vdot.virginia.gov 26 Rezoning Comments Frederick Water Mail to: Frederick Water Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick Water Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant's Name: _____________________________ Telephone: __________________ Mailing Address: _________________________________________ _________________________________________ _________________________________________ Location of property: _________________________________________ _________________________________________ _________________________________________ Current zoning: ___________ Zoning requested: ____________ Acreage: _______ Frederick Water Comments: __________________________________________________________________________________ Please see letter dated April 29, 2024. __________________________________________________________________________________ _________________________________________________________________________________ Frederick Water Signature & Date: ______________________________________________ Notice to Frederick Water - Please Return This Form to the Applicant Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. 4/29/2024 315 Tasker Road PH (540) 868-1061 Eric R. Lawrence Stephens City, Virginia 22655 Fax (540) 868-1429 Executive Director www.FrederickWater.com Water At Your Service April 29, 2024 David Frank Pennoni 117 East Piccadilly Street Winchester, Virginia 22601 RE: Rezoning Application Comment Neff Property – Stephens City Commercial Rezoning Tax Map Numbers: 86-A-77 7.4-acres of a 9.83-acre parcel Dear Mr. Frank: Thank you for the opportunity to offer review comments on the Neff Property commercial rezoning application package, dated April 2024, and received at Frederick Water on April 16, 2024. Frederick Water offers comments limited to the anticipated impact/effect upon Frederick Water’s public water and sanitary sewer system and the demands thereon. The project parcel is located within the sewer and water service area (SWSA), and therefore by county policy, Frederick Water’s water and sewer services are available. An 8-inch water main traverses the property frontage along Double Church Road. A gravity sanitary sewer manhole is located on an adjacent property south of the site; this adjacent property is owned by the applicant. The application’s Impact Statement projects water and sewer demands of +/- 15,500 gpd. The applicant has not evaluated the existing water service flows and pressures in the adjacent 8- inch water main. Nor has the applicant assessed the available capacities in the sanitary sewer system to accommodate the projected sewer flows from the property. The manhole on the adjacent property could initially receive sanitary sewer flows, but then the flows will traverse a series of gravity sewers, pump stations, and force mains before ultimately being received by the Parkins Mill wastewater treatment plant. Capacity in these downstream sanitary sewer facilities will need to be analyzed to ensure adequate capacity exists prior to construction on the site. Page 2 Neff Property commercial rezoning application David Frank April 29, 2024 Identified constriction in the sanitary sewer system may require the applicant to undertake improvements to ensure conveyance capacity exists to accept projected demands. Water and sanitary sewers are to be constructed in accordance with Frederick Water standards and specifications. Easements will be required to accommodate infrastructure that is dedicated to Frederick Water. Please be aware that Frederick Water is offering these review comments without the benefit or knowledge of the actual use proposed and water and sewer demands for the site. Please keep in mind that water supplies and sanitary sewer conveyance capacities change daily; with each new customer connection brings additional demands and generated flows. This letter does not guarantee system capacities to accommodate your development proposal. Thank you for the opportunity to offer review comments. Sincerely, Eric R. Lawrence Executive Director COUNTY OF FREDERICK Austin Cano Acting County Attorney 540/722-8383 E-mail Austin.cano@fcva.us November 26, 2024 VIA E-MAIL Mr. David Frank Pennoni Associates Inc. 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 Re: Rezoning Application – Neff Property Tax Parcel Number 86-A-77 (the “Property”) Dear David: You have submitted to Frederick County for review a revised proposed proffer statement (the “Proffer Statement”) for the proposed rezoning of a portion of the Property, 7.4± acres in the Opequon Magisterial District, from the RA (Rural Areas) Zoning District to the B2 (General Business) Zoning District, with 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 comments: • Proffer Statement, first introductory paragraph – Because the Virginia state court system, effective January 1, 2022, allows for two levels of appeals/appeal petitions for all civil matters, the addition of the following at the end of the paragraph: “and the time for any further appeal has expired”. • Generalized Development Plan (“GDP”) – Typically, when a proffer statement includes a GDP, the proffer statement specifically commits that development of the subject property will be generally consistent with the GDP. The Proffer Statement does not include such a provision. This is particularly significant with respect to the access points to the Property, as to which, as well, the Proffer Statement should state if the number of access points is subject to a limit and, if so, the nature of the limit (e.g., if an access point is right-in, right-out). • Notary blocks – The statement for the notarization needs to indicate the name and title of the person whose signature is being notarized. Therefore, the statement should be “The Mr. David Frank April 29, 2024 Page 2 foregoing instrument was acknowledged before me this _____ day of __________, 2024, by [name of individual], [individual’s corporate title] of E. R. Neff Excavating Inc, a Virginia corporation, on behalf of the corporation.” As written, there is no indication what individual on behalf of E. R. Neff Excavating Inc the notary witnessed sign, nor what that individual’s corporate title is. Further, the statement currently states the name of the corporation as “Neff E R Inc;” this is not the legal name of the corporation, and as such the statement should be changed to read “E. R. Neff Excavating Inc.” • Signature pages – The page number at the bottom of the signature pages have been labeled as “Page 3 of 2” and “Page 4 of 2.” This notation needs to be changed to either “Page 3 of 4” and “Page 4 of 4,” respectively, if the applicant wishes for the pages to stand alone; alternatively, all page numbers for the proffer statement and signature page should be changed to state they are a page number “of 4.” 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, Austin K. Cano Acting County Attorney cc: John Bishop, Assistant Director of Planning & Development, Frederick County (via e- mail) Tyler Klein, Senior Planner, Frederick County (via email)