Loading...
HomeMy WebLinkAbout06-03 Proffer ViolationOutlook [Draft] Re: '[External]'Snowden Bridge From Draft saved Wed 11/12/2025 9:40 AM To Gookin, Scott <Scott.Gookin@brookfieldrp.com> Cc Ty Lawson <tlawson@lspic.com>; Gray Farland<gfarland@shockeycompanies.com>; Beck, Matt <Matt.Beck@brookfieldrp.com>; John Good <jgood@shockeycompanies.com> 0 2 attachments (331 KB) Cheran Itr_1200 permits_4.5.24.pdf; Letter from Cheran 12.8.21.pdf; Scott, I think my verbal attempts to communicate this have fallen flat, so let me try again and I am copying in Shockey so we are all on the same page. We are of the opinion that because the 2-year extension was never formally requested it did not automatically trigger. Ty's correspondence that resulted in the December 2021 determination from Cheran was to confirm the extension could be used, not to actuate it. Consequently, you all have been in violation since receiving the April 2nd, 2024 letter and we have stayed action on the violation (given you were pursuing a rezoning). If you requested the 2-year extension now, then we would view it as the time being extended from when the extension is requested not from the April 2nd, 2024 (roughly November 2027). All that being said we are hopeful this perspective gives the parties involved the time necessary to pursue marketing the property so that a commercial use can be ascertained that is more in keeping with the intent. Wyatt Pearson, AICP Planning Director Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 Disclaimer: This correspondence is provided for informational purposes only and does not constitute a formal zoning determination or official action of Frederick County. All zoning determinations must be issued in writing by the Zoning Administrator. The Frederick County Planning and Development Department does not issue invoices directly to applicants for fees and will never request or accept payment by wire transfer. COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 December 8, 2021 Thomas Moore Lawson, P.C. Attn: Thomas Lawson, Esq. P.O. Box 2740 Winchester, VA 22604 RE: Zoning Determination Stephenson Village Proffer 13 F Zoning District: R4 (Residential Planned Community) Dear Mr. Lawson: This letter is in response to your correspondence dated December 1, 2021, to the Zoning Administrator requesting a zoning determination as to Stephenson Village Proffer 13 F. Rezoning #06-03 Stephenson Village, rezoned 794.6 +/- acres from RA (Rural Areas) to R4 (Residential Planned Community) approved by the Frederick County Board of Supervisors on September 24, 2003. A proffer General Development Plan (GDP) of this rezoning identify the types of uses allowed within the land bays on the properties. The GDP identifies land bay IV for a commercial center. The proffer calls for the requirement and development of the installation of a 60,000 sq. ft. commercial space will be begin within the commercial center no later than the issuance of the 1,200' non -age restricted residential building permit with completion of this space within eighteen (18) months. The Applicant will be allowed to extend the commencement of commercial construction for an additional two (2) year period if a new grocery store in located within a three (3) mile radius of the commercial center. There is a grocery store within three (3) miles of the commercial center. Enclosed in this letter is Proffer Statement (Commercial Center: 13-F) for the referenced property. Therefore, the additional two (2) year period for development of the 60,000p sq. ft. commercial space after the 1,200`h non -age restricted residential building permit would be allowed. 107 North Kent Street, Suite 202 * Winchester, Virginia 22601-5000 Page 2 Thomas Moore Lawson, P.C. Re: Zoning Determination for Stephenson Village Proffer 13F December 8, 2021 You have the right to appeal this determination within thirty (30) days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable if it is not appealed within thirty (30) days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article X, Section 165-1001.02 of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, written statement setting forth the decision being appealed, date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit and a $250.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Please do not hesitate to contact me regarding any questions you may have at (540) 665- 5651. Sincerely, Mark R. Cheran Zoning Administrator Encl. cc: Stephenson Associates LC, PO Box 2530 Winchester, VA 22604 Page 16 September 3, 2003 (4) The above -described use restrictions shall be amended from time to time in accordance with applicable local and state regulations governing age restricted housing and the Federal Fair Housing Act so long as the substantive intent as set forth herein is maintained. In no event shall the minimum age of residents be less than the ages set forth hereinabove. C. Applicant agrees that the language in this Section or such other language as maybe necessary to comply with the requirements to qualify as Housing for Older Persons under the Federal Fair Housing Act and the Fair Housing Act of Virginia shall be included in the deeds conveying real property designated as age -restricted on that portion of the property. 11. AFFORDABLE HOUSING FOR THE ELDERLY: Subject to the provisions of this proffer statement, the Applicant will develop and build apartment units to provide much needed affordable housing for the elderly. The Applicant will comply with the necessary requirements to qualify these apartment units for the "Housing for Older Persons" exception to familial status discrimination as allowed under the Federal Fair Housing Act and the Fair Housing Act of Virginia. The construction of these apartment units will begin after at least 50 percent of the retail space has been developed, provided that the approval of appropriate federal and state housing authorities is obtained, and the project qualifies for the Multi -Family Loan Program and the Low Income Housing Tax Credit Program or equivalent. In the event that funding for the affordable housing for the elderly is not obtained, the Applicant proffers to reapportion those units to the active adult community housing units. 12. PRESERVATION OF HISTORICAL AND CULTURAL RESOURCES: A. Byers house: The Byers house will be preserved as deemed appropriate by the Applicant. B. Cemeteries: Prior to commencement of any earth disturbing activity in any section of the Property, the applicant shall mark and identify any cemeteries which may be located there. In the event any onsite cemeteries are found, the applicant shall preserve those cemeteries in accordance with all County and State regulations. 13. COMMERCIAL CENTER: The Applicant has identified an area as shown on the Generalized Development Plan (Exhibit A) for a commercial center that will be developed at a time to be determined by Applicant. Within the commercial center development, the following shall be provided: A. The Applicant shall provide for all turn lanes and traffic signalization on the Major Collector Road serving the commercial center as warranted by VDOT. The Page 17 September 3, 2003 Applicant shall conduct traffic impact analysis studies for each commercial site plan submitted to Frederick County that will be reviewed and approved by VDOT to determine when these improvements are warranted. A traffic signalization agreement will be executed with VDOT by the Applicant to ensure that commercial uses developed prior to the warrants for traffic signalization contribute their pro-rata share for this improvement. B. The Applicant shall record architectural and design restrictive covenants for the commercial center and shall submit a copy to the Frederick County Planning Director and the Frederick County Building Official with the first site plan within the commercial center. Said covenants shall provide for the establishment of an architectural review board for the purpose of review and approval of all architectural elevations and signage for all commercial uses to assure a continuity of overall architectural appearances within the entire commercial development. C. The Applicant shall ensure that all commercial site plans submitted to Frederick County for the commercial center are designed to implement best management practices (BMP) to promote storm water quality measures. A statement will be provided on each commercial site plan identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. D. The areas within the commercial center that are not required to be graded or cleared for the implementation of all approved site plans will remain undisturbed. One-way travel aisles will be utilized where practical to reduce the impervious areas of parking lots within the commercial center. E. The Applicant shall provide for a maximum of 250,000 square feet of commercial land use in Stephenson Village. The majority of the commercial land use will be located within the commercial center identified on the Generalized Development Plan (Exhibit). The development of smaller areas of commercial land use will be allowed in other areas of Stephenson Village. These commercial land use areas will be provided on the detailed Master Development Plan associated with the development of Stephenson Village. F. The Applicant has identified an area as shown on the Generalized Development Plan (Exhibit A) for a commercial center. The development of 60,000 square feet of commercial space will begin within the commercial center no later than the issuance of the 1,200th non -age restricted residential building permit with completion of this commercial space within 18 months. The Applicant will be allowed to extend the commencement of commercial construction for an additional two year period if any one of the following circumstances has occurred: An elementary school has not been constructed on the Property; or a building permit is obtained for the development of a new grocery store within a three mile radius of commercial center within Stephenson Village. R. D7 9 / « � � k # N 0 v # 0 \ � / § 0 ) o $ o E ƒ 0 ƒ 2 0 ± . � COUNTY of FREDERICK Department of Planning and Development 5401665-5651 Fax: 5401665-6395 CERTIFIED MAIL April 2, 2024 Thomas Moore Lawson, P.C. Attn: Thomas Lawson, Esq. P.O. Box 2740 Winchester, VA 22604 RE: Stephenson Village Proffer 13 F Dear Mr. Lawson: This correspondence is regarding Rezoning #06-03 Stephenson Village, rezoned 794.6 +/- acres from RA (Rural Areas) to R4 (Residential Planned Community) approved by the Frederick County Board of Supervisors on September 24, 2003, and more specifically, Proffer 13 F. Proffer 13 F calls for a minimum of a 60,000 sq. ft. commercial space to be constructed within land bay IV, as indicated on the Generalized Development Plan (GDP), with work beginning no later than the issuance of the 1,200' non -age restricted residential building permit and with completion of this space within eighteen (18) months. Our records indicate this threshold has been met and this proffer has in turn not been satisfied. Therefore, the purpose of this letter is to inform you that the proffered obligation for land bay IV has not been met, which will constitute a zoning violation. We understand your client is pursuing an amendment to the proffers currently, which as proposed would modify the associated thresholds and potentially remediate the violation. In turn, we will not take any further action on this issue until that request is concluded. Enclosed in this letter is Proffer Statement (Commercial Center: 13-F) for the referenced property. If you have any questions regarding this letter, please do not hesitate to call 540-665-5651 or email me at mcheranLa;tcva.us. Sincerely, Mark R. Cheran Zoning Administrator Enclosure: Proffer Statement Commercial Center: 13-F 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page lb September 3, 2003 (4) The above -described use restrictions shall be amended from time to time in accordance with applicable local and state regulations governing age restricted housing and the Federal Fair Housing Act so long as the substantive intent asset forth herein is maintained. In no event shall the minimum age of residents be less than the ages set forth hereinabove. C. Applicant agrees that the language in this Section or such other language as may be necessary to comply with the requirements to qualify as Housing for Older Persons under the Federal Fair Housing Act and the Fair Housing Act of Virginia shall be included in the deeds conveying real property designated as age -restricted on that portion of the property. 11. AFFORDABLE HOUSING FOR THE ELDERLY: Subject to the provisions of this proffer statement, the Applicant will develop and build apartment units to provide much needed affordable housing for the elderly. The Applicant will comply with the necessary requirements to qualify these apartment units for the "Housing for Older Persons" exception to familial status discrimination as allowed under the Federal Fair Housing Act and the Fair Housing Act of Virginia. The construction of these apartment units will begin after at least 50 percent of the retail space has been developed, provided that the approval of appropriate federal and state housing authorities is obtained, and the project qualifies for the Multi -Family Loan Program and the Low Income Housing Tax Credit Program or equivalent. In the event that funding for the affordable housing for the elderly is not obtained, the Applicant proffers to reapportion those units to the active adult community housing units. 12. PRESERVATION OF HISTOMAL AND CULTURAL RESOURCES: A. Byers house: The Byers house will be preserved as deemed appropriate by the Applicant. B. Cemeteries: Prior to commencement of any earth disturbing activity in any section of the Property, the applicant shall mark and identify any cemeteries which may be located there. In the event any onsite cemeteries are found, the applicant shall preserve those cemeteries in accordance with all County and State regulations. 13. COMMERCIAL CENTER: The Applicant has identified an area as shown on the Generalized Development Plan (Exhibit A) for a commercial center that will be developed at a time to be determined by Applicant. Within the commercial center development, the following shall be provided: A. The Applicant shall provide for all turn lanes and traffic signalization on the Major Collector Road serving the commercial center as warranted by VDOT. The Page 17 September 3, 2003 Applicant shall conduct traffic impact analysis studies for each commercial site plan submitted to Frederick County that will be reviewed and approved by VDOT to determine when these improvements are warranted. A traffic signalization agreement will be executed with VDOT by the Applicant to ensure that commercial uses developed prior to the warrants for traffic signalization contribute their pro-rata share for this improvement. B. The Applicant shall record architectural and design restrictive covenants for the commercial center and shall submit a copy to the Frederick County Planning Director and the Frederick County Building Official with the first site plan within the commercial center. Said covenants shall provide for the establishment of an architectural review board for the purpose of review and approval of all architectural elevations and signage for all commercial uses to assure a continuity of overall architectural appearances within the entire commercial development. C. The Applicant shall ensure that all commercial site plans submitted to Frederick County for the commercial center are designed to implement best management practices (BMP) to promote storm water quality measures. A statement will be provided on each commercial site plan identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. D. The areas within the commercial center that are not required to be graded or cleared for the implementation of all approved site plans will remain undisturbed. One-way travel aisles will be utilized where practical to reduce the impervious area of parking lots within the commercial center. E. The Applicant shall provide for a maximum of 250,000 square feet of commercial land use in Stephenson Village. The majority of the commercial land use will be located within the commercial center identified on the Generalized Development Plan (Exhibit). The development of smaller areas of commercial land use will be allowed in other areas of Stephenson Village. These commercial land use areas will be provided on the detailed Master Development Plan associated with the development of Stephenson Village. F. The Applicant has identified an area as shown on the Generalized Development Plan (Exhibit A) for a commercial center. The development of 60,000 square feet of commercial space will begin within the commercial center no later than the issuance of the 1,200'" non -age restricted residential building permit with completion of this commercial space within 18 months. The Applicant will be allowed to extend the commencement of commercial construction for an additional two year period if any one of the following circumstances has occurred: An elementary school has not been constructed on the Property; or a building permit is obtained for the development of a new grocery store within a three mile radius of commercial center within Stephenson Village.