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HomeMy WebLinkAbout17-06 Comments/Corr (2)January 16, 2007 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 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 concerns. Sincerely, Susan K. Eddy, AICP Senior Planner SKE/bhd Attachment COU o F R E DERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 u�� FILE C 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 #17 -06 for Rutherford Crossing. The company has returned the sign and is therefore entitled to the retum of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA/pd 1l3©1o7 Fl. MEMORANDUM Rutherford Farm 8230 Leesburg Park Suite 500 Vienna, VA22182 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 FOR RENT v C-)9+ rt Checking Potomac Bank Rutherford Crossing Rezoning Application Fee 1 00 Payment 6,150. 6,150.0 6,150 c pQ Q 0 7 f W T A X R E C E I P T /ERICK COUNTY GN e (cs c•■ 'WILLIAM ORNDOFF, JR bcbc ∎`c_ /O. BOX 225 a J6 WINCHESTER SIGN DEPOSITS PLANNING VA 22604 -0225 Principal Being Paid Penalty Interest Ticket Date Register: Trans. Dept Acct# Previous Balance Amount Paid *Balance Due Pd by PLANNING Check 27825.50 VARIOUS BALANCE DUE INCLUDES PENALTY /INTEREST THRU THE MONTH 11/2006 00005580001 11/14/2006 BCC /BC 62739 1095 100.00 100.00 .00 .00 100.00 .00 Copied Founded in 1971 To: FC Planning Attn: Susan Eddy GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Project Name: Rutherford Crossing Final Proffer Statement File No: 2795RF Date January 29, 2006 A N S M I T T A L From: Evan Wyatt/ GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 JAN 3 0 2007 1l 1,_ Delivery: Fed Ex U.S. Mail Courier Pick Up Other Urgent For Your Review As You Requested Please Comment Message: Hi Susan, 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 By: Date: gw_Stationery Susan Eddy Hi Ed, Thank you, Evan Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 1/24/2007 Page 1 of 2 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, 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.cowperwood.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 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. w Stationery Irmo Jhr 1971 Phone: 540 662 -4185 Fax: 540 722 -9528 Visit us on the web at www.greenwayenq.com 1/24/2007 Greenway Engineering Home Company history Services Portfolio Company directory Page 2 of 2 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. Gwen 00+ b rp t;c ad Tos vv\etin on I z4 /07 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 1 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 owners 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 2 1 I moa•Bua,Sreruu>J8 war Xv E256-z%1'�rs 98rt -a9g D19 auoyaaiay ta9zz 'aaase(10urp aucrl il!H XPuta CSI UNION! AVMN33HI0 sao&nunE swam gi did 11 1,05 as 0 a 0 0 den 'M'o'b] L£ a }nob] Aluno0 louapaad §uissoa0 paopainnb] 3M0 :A9 03NJIS30Id1=1 :01 103f oHdl ZZ-1.0 -LOOZ :31d0 VINIDHIA `AINl0O )1OIH3a31dd 101a1SId 1VIH3ISIOVW TIVM3NOIS dVW M'01H L£ 31(08 AlNfO0 NOIH3a ONISSOHO OHOdH3H111U lead 00v sienbe you! L :MOS Founded in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 TRANSMI'T'TAL Project Name: Rutherford Crossing Rezoning File No: 2795RF Date January 12, 2007 To: FC Planning Attn: Susan Eddy Copied From: Evan Wyatt/ GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 Delivery: Fed Ex U.S. Mail Courier Pick Up Other ['Urgent For Your Review As You Requested 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, 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: JAIV 1 d LUU/ Founded in 7971 Dear Ms. Eddy: U L DEC 2 9 2006 File #2795RF GREENWAY ENGINEERING, INC 151 Windy Hill lane Winchester, Virginia 22602 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 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 Torn 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 -9528 www.greenwayengrom 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/bhd Attachment FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Founded in 1971 i GREENWAY ENGINEERING 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 ft o" OURR 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 Attorney. '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 14+ acre reservation of RouteF 37 right of -way from 5 years to 10 years. Please review this information prior to the December 6, 2006 meeting and do mi 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.com DEC 4 2006 FILECOPY TO: Robert T. Mitchell, Esquire FROM: Susan K. Eddy, AICP, Senior Planner ,5C RE: Rezoning Application Proffer Statement DATE: November 13, 2006 Thank you for your continued assistance. cc: John R. Riley, Jr., County Administrator Attachment SKE/bhd COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 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 -111 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 6th meeting is the Seefried Property rezoning. I have not received comments from you on that proffer statement. Please expedite Seefried as well. 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Project Name: Rutherford Crossing Rezoning Application File No: 2795RF Date November 9, 2006 Copied Founded iri 1 971 Delivery: n Fed Ex n U.S. Mail n Other n Urgent For Your Review GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 T R A N S M I T T AL To: FC Planning From: Evan Wyatt/ Attn: Susan Eddy GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540 -722 -9528 n As You Requested N Courier 1 Pick Up X Please Comment Message: I -1i Susan. Please find 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 you, Evan Hand Delivery and Pick Ups Only: Received By: 1)ate: Thousand One Hundred Fifty and 00 /100 Frederick County 107 North Kent St. Winchester, VA 22601 PAY TO THE 'ORDER OF Rutherford Crossing Rezoning Application Fee Date Type 09/01/2006 Bill Checking Potomac Bank Rutherford Crossing Rezoning Application Fee Rutherford Farm; LL0 Tel. 703 8230LeesburgPike Suite 500 Vienna, VA 22182 OTOMAC'BAN K OF VIRGINIA VIENNA, VA 22180 1:0 5 60088 781: 30D LL 29 B SECURITY FEATURES INCLUDED. DETAILS ON BACK rn Frederick County 9/8/2006 Balance Due Discount 6,150.00 Check Amount t R u 4\C r o rc C Si l�q t zio A I COMMENTS: O AC Document Approval Form NOV 9 2006 PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITLAL 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. U:\Pam \Common\Document Approval Form.wpd INITIALS DATE TIME Candice Bernie Mark Susan S IcE li 4'30 Eric Mike Kevin John Lauren Received by Clerical Staff (Date Time): PSD 11/ i 3 /di 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, A1CP Senior Planner SICE/bhd Attachment C Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 ItRICK Thank you for your continued assistance. cc: John R. Riley, Jr., County Administrator Attachment SKE/bhd MEMORANDUM TO: Robert T. Mitchell, Esquire FROM: Susan K. Eddy, AICP, Senior Planner SKE RE: Rezoning Application Proffer Statement DATE: September 11, 2006 COU Ji Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 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.