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Home My WebLink About17-06 Comments/CorrG �I COU o +R DUR `J January 16, 2007 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Proposed Rezoning of Rutherford Crossing Department of Planning and Development 540/6655651 FAX: 540/665 -6395 Dear Evan: Attached you will find a copy of the third review comments from the County Attorney's office concerning the proposed proffer statement for the rezoning of Rutherford Crossing. Please do not hesitate to contact me should you have any questions or cokerns. Sincerely, 4 ,C4� I V ( Susan K. Eddy, AICP Senior Planner SKE /bad Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 .nxmC�. • FILE COPY. COUNTY of FREDERICK I Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: January 29, 2007 The amount of $50.00 was deposited in line item #3- 010 - 019110 -0008 for the company named below had a deposit for one sign for Rezoning 417 -06 for Rutherford Crossing. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Rutherford Farm 8230 Leesburg Park Suite 500 Vienna, VA 22182 RSA/pd I3t 07 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 0 0 Rutherford Crossing Rezoning ApPlicat'on Fee Checking -Potomac Bank too Payment 1 6,15 6,15000 6,150 �s e �� a . T `O� c RICK COUNTYX R E C E I P T gl C( jWILLIAM ORNDOFF, JR ��c bc\` iO. BOX 225 a WINCHESTER VA 22604 -0225 / SIGN DEPOSITS PLANNING 1' 0 Ticket #:00005580001 Date : 11/14/2006 Register: BCC /BC Trans. #: 62739 Dept # 1095 Acct# Previous Balance $I 100.00 Principal Being Paid $ 100.00 Penalty $ .00 Interest $ .00 Amount Paid $ 100.00 *Balance Due $ .00 Pd by PLANNING Check 27825.50 # VARIOUS BALANCE DUE INCLUDES PENALTY /INTEREST THRU THE MONTH 11/2006 0 0 GREENWAY ENGINEERING 151 Windy Hill Lane Fw,uled in 1771 Winchester, Virginia 22602 JAN 3 0 2001 Project Name: Rutherford Crossing Final Proffer Statement File No: 2795RF Date January 29, 2006 To: FC Planning From: Evan Wyatt/ Attn: Susan Eddy GREENWAY ENGINEERING Phone: 540- 662 -4185 Copied Fax: 540- 722 -9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ❑ For Your Review Message: Hi Susan, ® Courier ® As You Requested ❑ Pick Up ❑ Please Comment Please find attached slip sheets for page 5 and page 6 of the Rutherford Crossing Proffer Statement that reflect the language that we discussed. Please use this information for the final proffer statement for Rutherford Crossing and provide me with your approval letter at your earliest possible convenience. Thank you, Evan Hand Delivery and Pick Ups Only: Received Bv: Date: gw_Stationery • • Susan Eddy From: Evan Wyatt [ewyatt@greenwayeng.com] Sent: Wednesday, January 24, 2007 1:55 PM To: Susan K. Eddy (E -mail) Cc: Edward J. Sussi (E -mail) Subject: FW: Rutherford Crossing Rezoning Proffer Statement Hi Susan, Page 1 of 2 Please note Mr. Sussi's response below. Hopefully, this will address the concern raised by the County Attorney. Thank you, Evan - - - -- Original Message---- - From: Ed Sussi [mailto:esussi @cowperwood.com] Sent: Wednesday, January 24, 2007 1:26 PM To: Evan Wyatt Subject: RE: Rutherford Crossing Rezoning Proffer Statement I concur with Greenway Engineering's statement below. Edward J. Sussi Executive Vice President THE COWPERWOOD COMPANY 375 Park Avenue, Suite 3701 New York, NY 10152 212 953 0007 212 953 1535 fax www_cow perwood.com From: Evan Wyatt [mailto:ewyatt@greenwayeng.com] Sent: Wednesday, January 24, 2007 12:24 PM To: Edward J. Sussi (E -mail) Subject: * * *SPAM * ** Rutherford Crossing Rezoning Proffer Statement Hi Ed, As we discussed, I have been contacted by the Frederick County Planning Department regarding the proposed 2006 Proffer Statement for Rutherford Crossing replacing the 2004 Proffer Statement for the Rutherford Farm Industrial Park. Specifically, the County wants assurance that Cowperwood FEMA, LLC agrees to the termination of the 2004 Proffer Statement and acknowledges that the 2006 Proffer Statement is being offered by the owners of Tax Parcels 43 -A -98, 43 -A -99 and 43 -A -100 without any obligation to Tax Parcel 43 -A -111 owned by Cowperwood FEMA, LLC whatsoever. Please reply to this message of your concurrence and I will forward this to this County and copy you on that message. Thank you, Evan Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 1 /24/2007 Nrw Stationery 0 0 Page 2 of 2 Phone: 540 -662 -4185 Fax: 540 - 722 -9528 Visit us on the web at www,greenwayeng.com Home Company history Services Portfolio FaartJrJbr 1471 Company directory CONFIDENTIALITY NOTICE: This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer. Thank you. 1/24/2007 G;vcN out b • pp Gcan+ -6L4 TUS, meef', on Z4 1 0- 7 Rutherford Crossing Transportation Proffer Summary & Schedule Proffer C(1)(a) New Traffic Signal at Primary Entrance on Route 11 ➢ VDOT signalization agreement and bonding executed Proffer C(1)(b) New Traffic Signal at I -81 Exit 317 Southbound Ramps and Route 11 ➢ VDOT signalization agreement and bonding executed Proffer C(1)(c) New Traffic Signal at I -81 Exit 317 Northbound Ramp and Route 11/Route 661 ➢ VDOT signalization agreement prepared and bond amount has been determined ➢ VDOT signalization agreement to be executed immediately following rezoning approval Proffer C(1)(d) Route 11 Corridor Traffic Signalization Analysis ➢ Traffic consultant hired; Work to begin following rezoning approval once requested by VDOT Proffer C(2) Rutherford Crossing Route 11 Entrance Limitations ➢ VDOT Permit and bonding for Route 11 improvements in place ➢ VDOT Permit issuance anticipated in February 2007 Proffer C(2) Route 11 Additional Travel Lane and Turn Lane Improvements ➢ VDOT Permit and bonding for Route 11 improvements in place ➢ VDOT Permit issuance anticipated in February 2007 Greenway Engineering 0 0 Proffer C(3)(a) Route 11 Right -of -Way Reservation to be Dedicated ➢ Dedication Plat has been executed and provided to VDOT Proffer C(3)(b) Interstate 81 Right -of -Way Reservation to be Dedicated ➢ Dedication Plat and Deed of Dedication will be prepared by owners within 90 days following VDOT request Proffer C(3)(c) Route 37 Right -of -Way Dedication — Tax Parcel 43 -A -99 ➢ Dedication Plat and Deed of Dedication will be prepared by owner) within 90 days following County request Proffer C(3)(d) Route 37 Right -of -Way Dedication — Tax Parcel 43 -A -98 ➢ Dedication Plats and Deed of Dedication will be prepared -by owners within 90 days following County request Proffer C(4) Internal Major Collector Road to FEMA ➢ Internal road to FEMA completed by December 31, 2007 ➢ FEMA occupancy permit anticipated February 2008 Proffer C(5) Route 11 Continuous Turn Lane from Primary Entrance to I -81 Exit 317 Northbound On Ramp ➢ VDOT Permit and bonding for Route 11 improvements in place ➢ VDOT Permit issuance anticipated in February 2007 Proffer C(6) $250,000.00 Monetary Contribution for Route 11 Improvements ➢ B -2 Site Plan approval anticipated in April 2007 ➢ $250,000.00 monetary contribution in October 2008 (18 months after first site plan approval) Greenway Engineering 0 N O O 0 �T CD CD .41 o 0 0 zi Q 0 v P, w D CD 3-a _m m i U) 51 m 1 ' n 1 r � w I UO o � 8 -n -o 0 O " 0 O A Q O a !n N - 6 0 M m m w m a =. Q- s � � y r O CA) m m :13 <D v 2 3 CO W N rn 7 N C U Q CD (D N � � m w o N V C Z RUTHERFORD CROSSING FREDERICK COUNTY ROUTE 37 R.O.W. MAP STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 2007 -01 -22 IPROJECTID.2795RFTDESIGNED BY: D1 SCALE: 1 Inch equals 400 Feet Rutherford Crossing Frederick County Route 37 R.O.W. Map GREENWAY ENG 151 Tvicly Hill T4F'e iobr.a m rri Winchester, Vlrglnin 22602 Telephone 640-662 4155 AlgtDeew PAR 540- 722 -9526 9nrveymv '^ ^greenwnyang. nom GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded m 1971 I Project Name: Rutherford Crossing Rezonin File No: 2795RF Date January 12, 2007 To: FC Planning From: Evan Wyatt/ Attn: Susan Eddy GREENWAY ENGINEERING Phone: 540- 662 -4185 Copied Fax: 540- 722 -9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ® For Your Review ® Courier ® As You Requested ❑ Pick Up ❑ Please Comment Message: Hi Susan, Please find attached 26 color 11 x 17 copies of the various colored maps and exhibits for the Rutherford Crossing Rezoning Application to be used for the January 24,1 2007 Board of Supervisors meeting. Please contact me if you need any additional copies of these maps and exhibits. thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: JAI UU1 � I r 9 0 GREENWIAY ENGINEERING, INC. 151 Windy Hill Lane Winchester, Virginia 22602 Iounded in 1971 December 29, 2006 Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 Attn: Susan Eddy, Senior Planner Re: Rutherford Crossing — Rezoning and Master Development Plan Board of Supervisors Public Hearing Change Request Dear Ms. Eddy: On behalf of our clients, we are requesting the Board of Supervisors Public Hearing for the rezoning and master development plan for the Rutherford Crossing project originally scheduled for January 10, 2007 be changed to January 24, 2007. Thank you for your assistance with this project. Contact us with any questions or need for additional information. Sincerely, Greenway Engineering Donna Meliso Planning Department Administrator Cc: Rod Brana — Rutherford Farm, LLC Tom Pickering, PE— Bury +Partners John B. Schroth John S. Scully, IV C. Robert Solenberger — Virginia Apple Storage Jack Waghorn — NV Retail Ben Butler, attorney— Kuykendall. Johnston, McKee, and Butler Evan Wyatt, AICP — Greenway Engineering Engineers Surveyors Telephone 540- 662 -4185 FAX 540-722-q528 www.greenwayeng.com [B" Facopy COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 December 5, 2006 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Proposed Rezoning of Rutherford Crossing Dear Evan: Attached you will find a copy of the second review comments from the County Attorney's office concerning the proposed proffer statement for the rezoning of Rutherford Crossing. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Susan K. Eddy, AICP Senior Planner SKE/bad Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 I k 4;� F Founded in 1971 0 151 Windy Hill Lane Winchester, Virginia 22602 MEMORANDUM TO: Frederick County Planning Commissioners Susan Eddy, Senior Planner FROM: Evan Wyatt RE: Rutherford Crossing Proffer Statement DATE: December 4, 2006 DEC 4 2006 CMRENT Please find attached the revised November 29, 2006 Proffer Statement for the Rutherford Crossing Rezoning Application that is scheduled for consideration on December 6, 2006. The purpose for this revision is a result of recent meetings between Mr. Ben Butler, legal counsel for the Rutherford Crossing development_ and Mr. Robert Mitchell, County Attornev. - Specifically, Mr. Mitchell has advised that the format of this document should be as an amended and restated Proffer Statement for the development, which terminates the current proffer statement and identifies specific responsibilities by the Applicant and /or Record Owner with specific property references for the proffered improvements. To assist in your review of these revisions, a copy of the Rutherford Crossing Proffer Statement has been included that identifies all revisions with bold and italic text. These revisions include the following: A Recitals Section has been incorporated to include information recommended by the County Attorney. All Sections of the Proffer Statement provide specific reference to the improvements required of the Applicant and /or Record Owner and identify the tax parcel in which said improvements will occur. Section A — Maximum Building Structure Square Feet has been revised to reduce the maximum square feet of development within the project from 1,400,000 square feet to 1,245,000 square feet. ➢ Section C(3)(c) — Right of Way Reservation has been revised to increase the amount of time for the "no- build' on the 14f acre reservation of Route 37 right - of -way from 5 years to 10 years. Please review this information prior to the December 6, 2006 meeting and do not hesitate to contact me if you have any questions regarding this information. Thank you. Engineers surveyors Telephone 540 - 662 -4185 FAX 540- 722 -9528 www.greenwayeng.conr • • FILE Copy COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 ` FAX: 540/665 -6395 MEMORANDUM TO: Robert T. Mitchell, Esquire FROM: Susan K. Eddy, AICP, Senior Planner SIf;E RE: Rezoning Application Proffer Statement DATE: November 13, 2006 Please find attached to this memorandum a revised proffer statement for the Rutherford Crossing rezoning. On October 23, 2006, you provided comments on an earlier version of the proffer statement. The revised statement varies considerably from the one you reviewed, so an additional review is warranted. I want to point out two staff concerns. Firstly, the revised proffer statement divides up the obligations amongst the different property owners in a way that staff has not seen before. Secondly, parcel #43 -A -11 1 is not a part of this rezoning, although it was part of the original Rutherford Farm Industrial Park Rezoning (REZ #07 -01) and associated proffer statement. You will also note that the boundaries of parcel #43 -A -111 have been adjusted, since the 2001 rezoning. Please comment directly on the implications of these proffer changes, plus any others you uncover. The application is scheduled for the Planning Commission on December 6, so an expedited review is requested. Also scheduled for the December 6' meeting is the Seefried Property rezoning. I have not received comments from you on that proffer statement. Please expedite Seefried as well. Thank you for your continued assistance. cc: John R. Riley, Jr., County Administrator Attachment SKE /bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester Virginia 22602 T R A N S M I T T A L Project Name: Rutherford Crossing Rezoning Application File No: 2795RF Date November 9. 2006 To: FC Planning From: Evan Wyatt/ Attn: Susan Eddy GREENWAY ENGINEERING Phone: 540 -662 -4185 Copied Fax: 540- 722 -9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ❑ For Your Review ❑ As You Requested ® Please Comment Message: 1 -Ii Susan. Please lind attached a master copy of the Rutherford Crossing Rezoning Application with all original owner signatures and notaries as well as two booklets of the same information for your review. Please schedule this application for the December 6, 2006 Planning Commission agenda. Please contact me if you have any questions or if you need any additional information. Thank vou, Evan Hand Delivery and Pick Ups Only: Received Bv: Date: 3 of 4 y .: �l L ��tf 2�x a z k=✓- t� s: r'f �M` y � h'� � -'� os' � - K z 1s d ' J r ZVI ._ ,r n . _ _ r _ " won ..,.mob "! . .... � 10 _..n .,...< _ emu....,. ... \ U �U�C� �Ord� �(�SII�Gj �2ZOd1� n • NOV 9 2006 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Bernie Mark Susan Eric Mike Kevin John Lauren ll( q(06 4: 30 COMMENTS: — 0 {� Received by Clerical Staff (Date & Time): J U:\Pam \Common\Document Approval Form.wpd E 0 Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 October 23, 2006 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester. VA 22602 RE: Proposed Rezoning of Rutherford Crossing Dear Evan: Attached you will find a copy of the review comments from the County Attorney's office concerning the proposed proffer statement for the rezoning of Rutherford Crossing. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Susan K. Eddy, AICP Senior Planner SKE/bad Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 TO: Robert T. Mitchell, Esquire FROM: Susan K. Eddy, AICP, Senior Planner SKE RE: Rezoning Application Proffer Statement DATE: September 11, 2006 Please find attached to this memorandum the proffer statement and application for the Rutherford Crossing rezoning that has been submitted to the Department of Planning & Development. The rezoning application appears to be relatively close to being complete. Therefore, it is appropriate at this time for your office to provide a formal comment on the form and content of the proffer statement. Thank you for your continued assistance. cc: John R. Riley, Jr., County Administrator Attachment SKE /bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000