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Home My WebLink About01-10 Correspondence (2)VIA FACSIMILE (540) 772 -9528 AND REGULAR MAIL Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 Dear Evan: September 7, 2010 COUNTY of FREDERICK Re: Busy Beez Route 11 North (4489 4491 Martinsburg Pike) Proposed Rezoning Proposed Proffer Statement dated August 19, 2010 540/722 -8383 Fax 540/667 -0370 E -mail: rwillia @co.frederick.va.us You have submitted to Frederick County for review the above referenced proposed proffer statement dated August 19, 2010 (the "Proffer Statement for the proposed rezoning of 1.89± acres constituting the property of Timothy W. Johnson and Margo D. Johnson (the "Johnsons Parcel Identification Number 33 -A -92 (4491 Martinsburg Pike), and Clear Brook Rentals LLC, Parcel Identification Number 33 -A -93 (4489 Martinsburg Pike), in the Stonewall Magisterial District, from the B3 (Industrial Transition) District, with proffers to the B3 (Industrial Transition) District and B2 (Business General) District, both with revised proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a formto meet the requirements of the Frederick County Zoning Ordinance and the of Virginia; and would be legally sufficient as a proffer statement, subject to the following comments: 1. As the introductory portions of the Proffer Statement acknowledge, Parcel Identification Number 33 -A -93 is owned by Clear Brook Rentals LLC. Accordingly, both the rezoning application and the Proffer Statement should have a separate signature block for that entity, in addition to the signature blocks for the Johnsons for Parcel Identification Number 33 -A -92. Assuming he has the authority to do so, Mr. Johnson might be able to sign in the separate signature block for Clear Brook Rentals LLC, but that signature block should also indicate Mr. Johnson's (or such other signatory's) capacity on behalf of Clear Brook Rentals LLC. 107 North Kent Street Winchester, Virginia 22601 Roderick 13. Williams County Attorney Mr. Evan Wyatt September 7, 2010 Page 2 2. Proffer C In light of the references contained in the Application and in the Impact Analysis Statement accompanying the Application, it appears that the reference in Proffer C for the structural area square footage limitation should be to parcel 33 -A -93, and not to parcel 33 -A -92. 3. Proffer D First, in light of the references contained in the Application and in the Impact Analysis Statement accompanying the Application, it appears that the reference in Proffer D for the monetary contribution should be to parcel 33 -A -93, and not to parcel 33 -A -92. In addition, Proffer D may not necessarily be clear regarding what constitutes "development" for purposes of triggering the contribution, especially given that the site already contains an existing structure. Finally, staff should be aware that Proffer D only requires the contribution upon issuance of an occupancy permit, and not a building permit, to the extent that either would necessarily be required for the existing structure. The recently enacted Virginia Code 15.2- 2303.1:1, which makes certain changes to the timing of cash proffer payments, applies only to residential construction. 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 that review will be done by staff and the Planning Commission. Sinc cc: Candice E. Perkins, AICP, Senior Planner Roderick B. Williams County Attorney September 2, 2010 Mr. Evan Wyatt Greenway Engineering 15! Windy Hill Lane Winchester, Virginia 2260 :L RE: Proposed Rezoning of the Timothy W. Johnson and Margo D. Johnson Property Property Identification Number (PIN): 33 -A -92, 33 -A -93 Dear Evan: I have had the opportunity to review the draft rezoning application for the Johnson Property. This application seeks to rezone 1.89 acres of land from the 133 (Industrial Transition) District to the 132 (Business General) District. Staff' s review comments are listed below for your consideration. 1. Martinsburg Pike Improvements. As indicated in the Frederick County Eastern Road Plan, Martinsburg Pike is identified as an improved minor arterial road (U4D). With this rezoning application, the need for additional Route 11 R -O -W should be addressed. 2. Proffers. Proffer #4 from the 2001 rezoning should be included in the revised rezoning proffer statement. COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 665 -6395 3. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation. "rite proposed. proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 4. Special Limited Power of Attorney. Provide a Power of Attorney for the property owners. 5. Plat of the Property and Verification of Taxes Paid. A plat of the property needs to he included with the application that identifies the limits of the property, as well as, the proposed zoning boundaries needs to be included along with verification that property taxes have been paid. 6. Fees. The fee for this application includes a $5,000.00 base tee plus $100.00 per acre and a $50.00 public hearing sign fee. This is based on fees as of May 1, 2008. Fees may change. 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Page 2 Mr. Evan Wyatt RE: Johnson Property Rezoning September 2, 2010 All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP Senior Planner CEP /dlw Virginia Department of Transportation Comments: See attached email from VDOT to Greenway Engineering dated September 13, 2010. VDOT Signature Date: l i 09/13/10 Notice to VDOT Please Return This Form to the Applicant Rezoning Comments Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike' Edinburg, Virginia 22824 (540) 984 -5600 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review Attach a copy of your: application form, location map, proffer statement, impact analysis, any other pertinent information. Name: Greenway Engineering, Mailing Address: 151 Windy Hill Lane Winchester. VA 22602 Location of property: West side of Martinsburg Pike (U.S. Route 11); approximately 2,000 feet south of Interstate 81 Exit 323. Current zoning: B3 with proffers Acreage: 1.89 aces Virginia Department of Transportation Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, VA 22603 (540) 53501828 Telephone: 540- 662 -4185 Zoning requested: B3 B2 with modified proffers Untitled Stationery Evan Wyatt From: Ingram, Lloyd [Lloyd.Ingram @VDOT.virginia.gov] Sent: Wednesday, September 22, 2010 8:15 AM To: Evan Wyatt Cc: Smith, Matthew, P.E.; Funkhouser, Rhonda Subject: FW: Busy Beez Daycare Rezoning The proposed right -of -way dedication is acceptable. This office has no additional comments at this time. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984 -5611 Fax #(540) 984 -5607 From: Evan Wyatt [mailto:ewyatt@greenwayeng.com] Sent: Tuesday, September 21, 2010 12:15 PM To: Ingram, Lloyd Subject: Busy Beez Daycare Rezoning Hi Lloyd, Page 1 of 2 Thanks again for your comments on the rezoning. Please note that FC Planning identified the desire for right -of -way for the future widening of Route 11 in their comments. I have discussed this matter with Tim and Margo Johnson and they have agreed to provide for a future right -of -way dedication of up to 10 feet if needed once the final design plans are complete for this improvement, as long as there is no cost to them to do this (ie: prepare plats, legal docs, etc). Based on our previous discussion, there is currently an 80 -foot right -of -way in front of their property. I have attached a PDF of the property that includes the tax map and road base. It appears that future widening will most likely occur on the east side of the existing pavement section; however, their willingness to dedicate up to 10 feet will allow for improvements on the west side of Route 11 if final design plans dictate this need. I have attached the revised proffer statement dated September 21st for your information. Please note that Section B(2) provides for this future dedication as described above. Please review this information and advise me of any comments that you may have regarding this matter. Thank you, Evan GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, VA 22602 Phone: 540-662-4185 9/22/2010 Busy Beez Daycare VDOT Coents to Rezoning Evan Wyatt From: Funkhouser, Rhonda [Rhonda.Funkhouser @VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.] ngram V DOT.virginia.gov] Sent: Monday, September 13, 2010 1:25 PM To: Evan Wyatt Cc: Ingram, Lloyd; Smith, Matthew, P.E.; John.Bishop Subject: Busy Beez Daycare VDOT Comments to Rezoning Page 1 of I The documentation within the application to rezone this property appears to have little measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Busy Beez Daycare Rezoning Application dated August 19, 2010 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. «SC N_20100913132220_001. pd f» Lloyd A. Ingram, Land Development Engineer VA Department of Transportation Land Development Clarke, Frederick, Shenandoah Warren Counties 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984 -5611 Fax #(540) 984 -5607 9/13/2010 Rezoning Comments Mail to: Frederick County Fire Marshall Attn: County Planner 1080 Coverstone Drive Winchester, Virginia, 22602 (540) 665-5618 Frederick County Fire Marshal Applicant, µPlease fill out the; information as accurately as possible in order to assist the Frederick County Fire Marshall with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information:, Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Hand deliver to: Frederick County Fire Rescue Dept. Attn: Fire Marshal County Administration Bldg., I Floor 107 North Kent Street Winchester, Virginia Telephone: 540- 662 -4185 Location of property: West side of Martinsburg Pike (U.S. Route 1 1); approximately 2,000 feet south of Interstate 81 Exit 323. Current zoning: B3 with proffers Zoning requested: B3 B2 with modified proffers Acreage: 1.89 aces Fire Marshal's Comments: Fire Marshal's Signature Date, K0 Notice to Fire Marshal Please Return This Form to the Applicant VIRGINIA Control number RZ10 0001 Project Name Busy Beez Daycare Address 151 Windy Hill lane Type Application Rezoning Current Zoning B -3 Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Yes Date received Date reviewed 9/23/2010 9/2/2010 Tax ID Number 33 -A -92 Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments City Winchester Automatic Fire Alarm System No Requirements Hydrant Location Not Identified Roadway /Aisleway Width Not Identified Reviewed By D.Linaburg Applicant Greenway Engineering Fire District 13 Recommendations State Zip VA 22602 Signature Title Rescue District 13 Date Revised Election District Stonewall Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Applicant Phone 540- 662 -4185 Department of Inspection's Comments: n 1'l/ S a S /7 a 0 N e ell 1 ,"J t1'P ft' t A- eV/1 I I ;v. f. it .f A 1 41 O a -U∎Y''Si °U Public Works Signature Date. ,1r� us Form to the Applicant Notice to Department of �t tspections Please Retur Rezoning Comments. Frederick County Department of Inspections Mail to: Frederick County Dept. of Inspections Attn: Director of Inspections 107 North Kent Street Winchester, Virginia, 22601 (540) 665 -5656 _Appltcant.. Please fi11 out'the information as as• possible m order to assist the Department of Inspections wtth review Attach a copy?of your ipphcatton /for "m, location °map, pro ff statement, Impact analysis; and any other, pertinentinformation Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: West side of Martinsburg Pike (U.S. Route 11) approximately 2,000 feet south of Interstate 81 Exit 323. Current zoning: B3 with proffers Acreage: 1.89 aces Hand deliver to: Frederick County Dept. of Inspections Attn: Director of Inspections County Administration Bldg., 4 Floor 107 North Kent Street Winchester, Virginia Telephone: 540- 662 -4185 Zoning requested: B3 B2 with modified proffers Mr. Evan Wyatt G reenway.Engin eeri ng' 151 Windy I-lill'Lane Winchester, Virginia 22602 RE: Busy Beez DaycareRezoning Comtnents Frederick Courity;Virginia Dear Evan: Aiignstr23; 20 IQ We have completed ourreview of the:proposed rezoiting ef,pareel 33- ((A)) -93 from B.-3 to 13-2 and offer the following comments: L Refer to page 7 ofthe Inipact:Analysis under Site Drainage: Any subsequent site plans should verify that the•existiing stormwater detention .facilitywaStconstructed in accordance- with`theiapproved:plans.for parcel 334(A)) 92. lii addition, the site plan design should eonfinn'tltat the existing' detention facility will accommodate the proposed developnient.of parcel 33=(0)) -93. 2. Refer to page 8 ofthe Impact Analysis under Solid'Waste Disposal;. The current waste load at the regional landfill Gas deceased to an average :6f 1'50 ;000 tons per year. 3. Refer to page 3 of the Proffer Statement tinder. paragraph C:I Structural Development Limitation: .Correct the parcel description to 33- ((A))93. I can be reached at 722=8214 if you should have any questions regardingthe above comments. HES /rls cc: Planning and development file Sincerely COUNTY: FREDERICK Harvey E tra >vshyder, Jr., P.C. Director of:Public Works Depantrnettt of Public. W6rks 540/665 FAX: 540/6784682' Sanitation Authority Comments: rote. /5 V1/4 76 ANA 5 FWAS4 4At AV& TIE -AS 57}E ,1#7,54/7" WJ 764 C,A4c/tY 4409 PAFsTPi et- "re> 5/5A VS 7"9/5 AgAcFL. 7 /Enr /5 fthir/ c /47"r 5/= W454 c4P4c,Tr 7o st7? ve Ti/,5 PARCE1. Sanatation Authority Signature Date: .2 Uff /i Notsise ko.Sanitation Authority Please Return This Form to the Applicant Rezoning Comments bt.ohc.l Current zonivi 3 with proffers Acreage: 1.89 +1- aces Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia, 22601 (540) 665 -1061 Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Atithority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information.' Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Telephone: 540- 662 -4185 A 7 77i• FY,44/ wy4 T T Location of property: West side of Martinsburg Pike (U.S. Route 11); approximately 2,000 feet south of Interstate 81 Exit 323. Zoning requested: B3 B2 with modified proffers Fred -Winc Service Authority's Comments: AC CCMmoftS regSt im re( cp Fred- Winc Service Authority's Signature Date: VU 8036e Notice to Fred-Winc Service Authority Please Return This Form to the Applicant Rezoning Comments Frederick Winchester Service Authority Mail to: Fred -Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722 -3579 Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Hand deliver to: Fred -Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick-Winchester Service Authontv with their review. _Attach a copy of your application form, location map, proffer statement, and any other pertinent information: Telephone: 540- 662 -4185 Location of property: West side of M artinsburg Pike (U.S. Route 11); approximately 2,000 feet south of interstate 81 Exit 323. Current zoning: B3 with proffers Zoning requested: B3 B2 with modified proffers Acreage: 1.89 aces AUG 2 0 2010 _:J Winchester Regional Airport's Comments: <e e a *,k o n- e K 1 piker c Winchester Regional Airport's Signature Date: 62-mormJ \ZS D-C7 10 Notice to Winchester Regional Airport Please Return This Form to the Applicant Rezoning Comments 1 Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662 -2422 Winchester Regional Airport Applicant: Pleasc fill out the information as accurately as possible in order to assist the Winchester Regional Airport with' their: review. Attach copy, of your application form; location map, proffer statement,, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Telephone: 540- 662 -4185 Location of property: West side of Martinsburg Pike (U.S. Route 11); approximately 2,000 feet south of Interstate 81 Exit 323. Current zoning: B3 with proffers Zoning requested: B3 B2 with modified proffers Acreage: 1.89 aces August 25, 2010 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 -2422 Re: Rezoning Comment B3 B2 with modified proffers Busy Beez Daycare Stonewall Magisterial District Dear Mr. Wyatt: We have completed a review of the proposed Rezoning application and offer the following comment. The proposed rezoning should not impact operations of the Winchester Regional Airport however because of the location of the property the owners should be advised that they could experience flyover noise from medevac operations in transit through that corridor. If you have any questions, please do not hesitate contacting me. Thank you for your continued cooperation and consideration in ensuring safe and continued operations of the Winchester Regional Airport. Sincerely, r \a-mkA Serena R. Manuel Executive Director -J Untitled Stationery Evan Wyatt From: Candice Perkins [cperkins @co.frederick.va.us] Sent: Wednesday, August 25, 2010 12:54 PM To: Evan Wyatt Subject: RE: Tim and Margo Johnson Rezoning HI Evan, I have looked over the information you sent and a review by the HRAB is not necessary. Candice Candice Perkins, AICP Senior Planner Frederick County Department of Planning Development 107 North Kent Street Winchester, Virginia 22601 (540) 665 -5651 (540) 665 -6395 (fax) cperkins@co.frederick.va.us www.co.frederick.va.us From: Evan Wyatt [mailto:ewyatt@greenwayeng.com] Sent: Thursday, August 19, 2010 9:29 AM To: Candice Perkins Subject: Tim and Margo Johnson Rezoning Hi Candice, Thanks, Evan GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, VA 22602 Phone: 540-662-4185 Fax: 540 722 -9528 kiA Please consider the environment before printing this 8/25/2010 Page 1 of 2 I am finalizing the rezoning application packets for agency review and hope to have them out today. I have attached our exhibits for Zoning /Location and Historic Features for your review to advise me if we need to go to the HRAB. The Historic Features Exhibit identifies Sarsaparilla Springs as the only feature in this area, which is identified as a potentially significant structure. This is George Semples house and was considered when he rezoned his other property on the west side of the railroad track; therefore, I am hoping that we do not need to go to the HRAB. George's house is located about 1/2 mile away from the Johnson's property and is not visible from their site. Please let me know what you think and also let me know if you will be the staff representative for this rezoning project. Visit us on the web at www.greenwayeng.com to learn about exciting new services offered by Greenway Engineering: Laboratory Services, Water Sewer, Maintenance Monitoring, ESA Phase 1, Wetlands and more. Founded in 1971 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Winchester, Virginia 22602 September 21, 2010 Frederick County Planning Department Attn: Candice Perkins, Senior Planner 107 North Kent Street Winchester, VA 22601 RE: Busy Beez Rezoning Application Review Agency Comment Response Letter Dear Candice: Review Agencies Recommending Approval: VDOT: September 13, 2010 and September 21, 2010 FCSA: August 23, 2010 FWSA: August 23, 2010 Fire Marshal: September 2, 2010 Building Official: August 30, 2010 HRAB: N/A August 25, 2010 Winchester Regional Airport: August 25, 2010 The purpose of this letter is to provide the Planning Commission and Board of Supervisors with a comprehensive response to the various review agency comments received for the Busy Beez Rezoning Application. The following information provides a summary of the agency comments and the Applicant's response to address these matters. Frederick County Public Works (August 23, 2010 Comment) Comment #1: The Site Plan should verify that the existing storm water management facility was installed per plan and that this facility will accommodate the proposed development. Response: Agreed. This comment is acknowledged in the Impact Analysis Statement under Site Drainage on page 7 -8. Comment #2: The Solid Waste Disposal calculation is incorrect. Response: The Impact Analysis Statement has been revised under Solid Waste Disposal on page 8 to reflect this comment. Engineers Surveyors Planners Environmental Scientists Telephone 540 662 -4185 FAX 540- 722 -9528 www.greenwayeng.com Project #2624 1 Agency Comment Response Letter Comment #3: The parcel reference in Section C(1) of the Proffer Statement is incorrect. Response: Section C(1) of the Proffer Statement has been revised to reflect the correct parcel reference. Frederick County Attorney (September 7, 2010 Comment) Comment #1: A separate signature page should be provided for Tim and Margo Johnson and for Clear Brook Rentals, LLC. Response: The Proffer Statement has been revised to provide for separate signature pages to reflect the owner's of each property. Comment #2: The parcel reference in Section C(1) of the Proffer Statement is incorrect. Response: Section C(1) of the Proffer Statement has been revised to reflect the correct parcel reference. Comment #3: The parcel reference in Section D is incorrect. Proffer Section D may not be clear regarding the trigger for development due to the existing structure on parcel 33- ((A))-93. The monetary contribution is provided prior to issuance of an occupancy permit instead of prior to the issuance of a building permit. Response: Section D of the Proffer Statement has been revised to reflect the correct parcel reference. Section D provides language that requires the monetary contribution to be subject to any structural area that is developed subsequent to rezoning approval. The Johnson's are attempting to provide additional revenue to the County for fire and rescue services and desire to provide this monetary contribution prior to occupancy permit as they have a significant amount of cost involved from entitlement through construction. The impact to fire and rescue will not be realized until the issuance of occupancy permit; therefore, the timing of this payment should not impact this service. Frederick County Planning Department (September 2, 2010 Comment) Comment #1: The need for additional right -of -way for future Martinsburg Pike improvements should be addressed. Response: The Johnson's have agreed to provide for a right -of -way dedication along their property frontage that will provide up to a 10 -foot width for future improvements to Martinsburg Pike. VDOT has advised that the current right -of -way width along this frontage is 80 feet, and the aerial overview exhibit demonstrates that the majority of this unimproved right -of -way lies on the east side of the current pavement section. Proffer Section D(2) has been incorporated into the revised Proffer Statement to provide for this Project #2624 2 Agency Comment Response Letter right -of -way dedication following final design plan approval for the Martinsburg Pike improvements to ensure that the correct amount of right -of -way is dedicated. The proffer specifies that the Johnson's will not be required to expend money for plat preparation, legal fees, or other matters relevant to this dedication. The September 21, 2010 VDOT comment advised that the proposed right -of -way dedication proffer is acceptable. Comment #2: Proffer #4 from the 2001 Rezoning should be included in this Proffer Statement. Response: Proffer #4 from the 2001 identifies that signage, turn lanes, and widening shall be installed as warranted and required by VDOT and that the owner agrees to pay for said improvements. In September 2002, Tim Johnson received Site Plan approval for the development of American Auto Body, which is still being operated on parcel 33- ((A))-92. This Site Plan provided for the design of a new VDOT commercial entrance with a right turn and taper lane on Martinsburg Pike, as well as a significant drainage structure within the Martinsburg Pike right -of -way. All of these improvements were installed during the development of the American Auto Body facility at the owner's cost. The Applicant's had an on -site meeting with VDOT to inspect these improvements prior to the filing of the rezoning application for review agency comments. VDOT advised that they would review the transportation impact information at that time to determine if any additional measures were required. The September 13, 2010 VDOT comment advises that the proposed proffer statement is adequate; therefore, there is not a need to incorporate Proffer #4 from the 2001 Rezoning as all improvements are in place at this time. Comment #3- #6: Required Rezoning Application Filing Information. Response: All items identified in comments 3 -6 have been provided. Please include this comment response letter as information in the Planning Commission and Board of Supervisors agenda packets to ensure that the Applicant's desires are communicated. Please contact me if you have any questions regarding the information in this letter. Sincerely. Evan Wyatt, AIC Greenway Engineering Cc: Tim and Margo Johnson Project #2624 3 Agency Comment Response Letter