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HomeMy WebLinkAbout18-06 CommentsWoodside Commercial;ienter VDOT Comments to Re7nning Applic... Page 1 of 1 Subj: Woodside Commercial Center VDOT Comments to Rezoning Applicatio n Date: 7/14/2006 3:05:51 PM Eastern Standard Time From: Lloyd To: GreyWolfeinc @aol.com CC: elawrenc @co.frederick.va.us, Lloyd .Ingram@VDOT.Virginia.gov, Jerry.Copp(a�VDOT.Virginia.gov Mr. Oates, Under the Transportation Proffers offered, VDOT is agreeable with Proffers A, B, C, D and F. Under Item E, which calls for a prorata signalization agreement, the Residency would prefer a significant lump sum contribution to Frederick County towards the Route 672/11 intersection improvements. This office has reviewed your application submittal for the Woodside Commercial Center Rezoning dated June 13, 2006 and offers the following comments. As part of our report to the County, we will have to note 'The Conclusion" as stated in your TIA: The intersection of Route 11, Hopewell Road and Brucetown Road will maintain unacceptable level of service during the 2010 background and buildout conditions. While the report suggests signalization and separate east bound right turn lanes would improve the level of service to "C" or better, due to current right -of -way restraints, these improvements are not possible. Therefore, it will be the County's decision whether they wish to approve this rezoning and thereby adding additional traffic to this already failing intersection. We look forward to reviewing your comments on this initial rezoning review. Lloyd A. Ingram Transportation Engineer VDOT N Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984 -5607 (fax) Thursday, November 09, 2006 America Online: GreyWolfelnc Control number RZ06 -0009 Project Name Woodside Commercial Center Address 1073 Redbud Rd. Type Application Rezoning Current Zoning RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Siamese Location Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Yes Date received 6/14/2006 Tax 0 Number 33 -Al 25B,etc. enck Goynty:Fiie and escue. City Winchester Recommendations Automatic Fire Alarm System Residential Sprinkler System No Requirements Hydrant Location Roadway /Aisleway Width Reviewed By J. Neal Applicant GreyWolfe, Inc Fire District 13 Date reviewed 6/14/2006 State Zip VA 22603 Signature Title 1 Rescue District 13 Fire Lane Required No Special Hazards No Election District Stonewall No Date Revised Applicant Phone 540- 667 -2001 APPROVED FIRE MAE S LEFA F Hr_DEHr4;K COUNTY Rezoning Comments Name of Fire Rescue Company: Clearhrook Fire RPSCn Fire and Rescue Company Comments on rezonings will be needed from the fire and rescue company serving the location in question. Please fill in the attached comment sheet with the name of the fire and rescue squad serving the location and obtain the comment from that squad. A list of the County Fire and Rescue Company follows the comment sheet. Fire and Rescue Company Address Phone 1956 Rrucetnwn Road Clearbrook, VA 22624 540- 722 -2073 Applicant Please fill ou iriformatton as accuratel ass,posstbl in order to assist the Fire and RescueSquad with eir review, Attach %a oc py of :your application form, location map, proffer statement, impact analysis, and.any otherJpertinentinformation. Applicant's Name: GreyWolfe, Inc Gary R. Oates, LS,PE Telephone: 540 667 -2001 Mailing Address: 1073 Redbud Roar! Winchester, VA 22603 -4757 Location of property: East of Route 11 and 3000' north of exit 321 (I -81) Current zoning: RA Zoning requested: B -3 Fire an e Comp o omments: ,ate• Fire Rescue Company's Signature &'Date: Notice to Fire Rescue Company Please Return This Form to the Applicant 31 Acreage: 8.835 Mr. Gary R. Oates GreyWolfe, Inc. 1073 Red Bud Road Winchester, Virginia 22603 Dear Gary: HES /rls cc: Planning and Development file L_ RE: Woodside Commercial Center Rezoning Comments Frederick County, Virginia Sincerely, October 10, 2006 COUNTY of FREDERICK Department of Public Works 540/665 -5643 FAX: 540/678 -0682 We have completed our review of the rezoning application for the Woodside Commercial Center and offer the following comments: Refer to the Impact Statement, Page 1, Introduction: The introduction indicates that the applicant is seeking a change in zoning from RA to M -1. However, the rezoning application form, paragraph 10. indicates the rezoning requested is B -3. This conflict should be resolved. 2. Under Solid Waste Disposal, Page 2, Impact Analysis: Indicate the estimated amount of solid waste generated by 75,000 square feet of commercial development. 3. Provide a category titled geology or include a discussion about the karst environment under Soils category, page 3. Several years ago, we observed the development of a sinkhole on the Robinson property, lot 33 A 124B. The sinkhole was,located just off the gravel driveway in the southwest corner of the property. Sinkhole development is typical of karst geology and may be more prevalent when located near an existing quarry with the potential for a dramatic rise and fall of the water table. 1 can be reached at 722 -8214 if you should have any questions regarding the above comments. Harvey OE)trawsnyder, Jr., P.E. Director of Public Works C: \Program Files \NordPerfect Office X3\ Rhonda TEMPCOMMENTS \wondsidecomctrrezcom.wpd 107 North Kent Street Winchester, Virginia 22601 -5000 Dear Mr. Oates: Morgantown St. Albans West Virginia Gary R. Oates, LS -B, P.E. GreyWolfe, Inc. 1073 Redbud Road Winchester, Virginia 22603 P.O. Box 22$ Hagerstown, MD 21740 Phone 301- 797 -6400 FAX 301 797 -2424 RE: Approximate 8.8 -Acre Woodside Commercial Center Site Frederick County, Virginia TRIAD Project No. 03-05-0641 April 28, 2006 Triad Engineering, Inc. (TRIAD), in general accordance with the routine wetlands determination method as outlined in the 1987 U.S. Army Corps of Engineers (COE) Wetlands Delineation Manual, performed an investigation to determine if jurisdictional waters of the United States, including wetlands; are present within the confines of the above-referenced site. This included both an off -site, office analysis and an on-site inspection -that were conducted on or about April 18, 2005. Although.Map Sheet 19 of the Soil Survey of Frederick County, Virginia identifies a named stream (Thomas Run) at the site; which is not identified on the Geological Survey (USGS) 7.5- Minute Series Topographic Map (Inwood, West Virginia Virginia Quadrangle), it is TRIAD'S opinion that there are no jurisdictional waters of the United States, including wetlands, present at the site. There was evidence of limited surface water erosion at the site within a man -made ditch that crosses the subject site, but the ditch was constructed in uplands and does not contain a stream bed and banks exhibiting an Ol�WM, hydric soil indicators, or hydrophytic vegetation. Furthermore. there is no evidence of a steam andlor wetlands within the cultivated, agricultural field down gradient iron:: the site. Our determination that there are no jurisdictional waters on the United States, including wetland, is supported by the fact that Mr. Ron Stouffer of the Northern Virginia Field Office of the Norfolk District COE performed a jurisdictional determination, dated January 27, 2006, for the 31- Acre Clearbrook, Virginia site located on the west side of U.S. Route 11 immediately up gradient from the site and determined that the drainage swale where Thomas Run is identified is non jurisdictional. Noteworthy is that the identification of intermittent streams on the Soil Survey Maps within upland drainage swales where no streams are actually present is consistent with other areas with karst topography. In, conclusion; TRIAD. performed, an investigation in general accordance with the routine wetlands determination method as outlined in the 1987 COE. Wetlands. Delineation Manual to determine if jurisdictional waters of the United States, including wetlands, are present within the confines of the site. As a result of this process. it is our conclusion that there are no jurisdictional Triad Engineering, Inc. Greensburg Winchester Harrisonburg Purcellville Hagerstown Pennsylvania Virginia Maryland Approximate 8.8 -Acre Woodside Commercial Center Frederick County, Virginia RE: TRIAD Project No. 03 -05 -0641 April 28, 2006 Page 2 waters of the United States, including wetlands, present within the confines of the site. As a result, a jurisdictional determination by the COE is unwarranted. This investigation and report have been prepared by TRIAD for the exclusive use of GreyWolfe, Inc. for specific application to 8.8 -Acre Woodside Commercial Center site located along the eastern side of U.S. Route 11 (Martinsburg Pike) in Clearbrook, Frederick County, Virginia. Our work on this project has been carried out in accordance with reasonable and acceptable environmental practices. No other warranty, either written or implied, is applicable to this project. Our opinions and conclusions were based on a point in time observations; however, the environmental parameters associated with wetlands are continually changing over time. Therefore, site conditions are likely to vary over time from those encountered during our investigations. Due to the fact that a wetland is an ecological transition zone, the accuracy with which it can be delineated is limited. Also, boundaries may change over time due to continually changing conditions in the environment, and as such, TRIAD cannot assume responsibility for their changing conditions. For these reasons, our investigation is valid only at the time and locations at which it was performed. We appreciate the opportunity to provide our services on this project. Should you have any questions concerning this letter, please do not hesitate to contact the undersigned at (301) 797 -6400. Prepared by: TRIAD ENGINEERING, INC. 1 Timothy J. el an Senior Environmental Specialist Attachments: Site Plan Routine Wetland Delineation Data Form Jurisdictional Determination Letter for 31 -Acre Clearbrook, Virginia Site Vt[itI Al IUN Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available Dominant Plant Species Cover Stratum Indicator Dominant Plant Snecies Cover Stratum Indicator FACU g Rumex crispus Festuca prantensis H FACU 1 2. Plantago lanceolate 11 UPL 10 Capsella Bursa- pastoris H FACU i t Prunella vulgaris H FACU Leontudon hispidus H UPL 3 4 Daucus carota H UPL 12. Trifolium repens H FACU 13. Cirsium arvense H UPL 5 6. Barbarea vulgars H FACU 14, 15. Verbascum blattaria H FACU 7 8. Plantago rugelii H FACU 16. Percent of Dominant Species that are OBL, FACW or FAC 0/12 0% FAC (excluding Remarks: >50% of dominants FAC, FACW, or OBL. FAC nuetral 2:2 KYUKULUU T Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs Other No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 Inches Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Water Stained Leaves Local Soil Survey Data FAC Neutral Test (Explain in Remarks) Ex p Field Observations: none Depth of Surface Water: (in.) >12 Depth to Free Water in Pit: (in.) >12 to Saturated Soil: (in.) Remarks: No Indicators of Wetland Hydrology DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: 8.8-Acre Woodside Commercial Center Applicant/Owner: GreyWolfe, Inc. Investigator: Tim Kellerman and Jeff Feaga, Triad Engineering Inc. Do Normal Circumstances exist on the site? Yes No Is the site significantly disturbed (Atypical Situation)? Yes No Is the area a potential Problem Area? Yes No (If needed, explain on reverse.) Date: 4/18/06 County:Fretlent State: Virginia Community ID: Transect ID: Plot ID: 1 JVILJ Map Unit Name 32B Oaklet silt loam Well- Drained Phase): Drainage Class: (Series and Field Observations Taxonomy (Subgroup): Confirm Mapped Type? Yes No a fl DescriDton: Mottle Colors Mottle Abundance/ Texture, Concretions, (Munsell Moist) Size /Contrast Structure etc. Depth Matrix Color Horizon (Munsell Moist) finches) 3 -12 10YR 4/4 Hydric Soil Indicators: Histosol Histic Epipedon Sulfdic Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low Chroma Colors Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils List Listed on National Hydric Soils List Other (Explain in Remarks) Remarks: Not a Hydric Soil. DP -1 WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Yes No Yes No r Yes No Is this Sampling Point Within a Wetland? Yes No Remarks: Plot is not located within a wetland area. Approved by HQUSACE 3/92 i Norfolk District CORPS OF ENGINEERS FIELD APPROVED JURISDICTIONAL DETERMINATION Date: January 27, 2006 Project Number: 05 -B0139 Applicant: Grey Wolfe Inc. Agent: Triad Engineering Inc. Project Name: 31 -acre Clearbrook Virginia site Project Location: Frederick County This serves as a field approved jurisdictional determination that waters of the United States (including wetlands) are present on this property. Our basis for this determination is the application of the Corps' 1987 Wetland Delineation Manual and the positive indicators of wetland hydrology, hydric soils, and hydrophytic vegetation. The wetland is a waters of the United States and is part of a tributary system to interstate waters (33 CFR 328.3(a)). These waters meet the Corps' definition of waters of the United States and are part of a tributary system to interstate waters (33 CFR 328.3(a)) and have an ordinary high water mark (or high tide line). x We agree with the wetland delineation as flagged and as described in the letter, report and plans dated December 19, 2005. We agree with the wetland delineation as flagged with the following modifications (a revised map is required): There are jurisdictional waters or wetlands on your property, which are contiguous with We recommend that you have a wetland delineation performed. x There are no jurisdictional waters or wetlands on the subject property. All waters /wetlands on the property are isolated and will not require a Department of the Army permit. However, a permit may be required from the Virginia Department of Environmental Quality. Any discharge of dredged and/or fill material associated with mechanical land clearing, stumping or grading (such as with an excavator, bulldozer, or root rake), or any filling in jurisdictional areas will require a Department of the Army permit prior to such work occurring. An administrative appeals form is enclosed. This jurisdictional determination is valid for a period of five years from the date of this letter, unless new information warrants revision of the delineation before the expiration date. If you have any questions, please contact the project manager listed below. A condition of this jurisdictional determination is that you maintain the locations of the wetland delineation flags as they are now situated on the site. Once a plan of development is formulated it would be in your best interest to have the actual wetland boundary located by survey and superimposed on any future proposed plan to determine whether jurisdictional wetland would be impacted by the proposed development, and to determine whether a Department of the Army permit would be required. -to< 703- 221 -6967 Ronald H. Stouffer, J Telephone number Corps of, Engineers Project Manager Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868 -1061 Applicant;:, Pleaseifi11 out the information as accurately as possible�in order to assist the Sanitation Authority•wi then review Attach a copy of your application form, location map, profferstatement =impacttanalysis ;Ian d; any other =pertinent iatorrriation s M Applicant's Name: GreyWolfe, Inc Gary R. Oates, LS,PE Mailing Address: Location of property: Fast of Route 11 and 3000' north from exit 321 (1 811 Current zoning: RA Sa mtatton Authori Comments Sanitation AuthorttySignature Dated 1073 Redbud Road Wnchester. VA 22603 -4757 Zoning requested: B -3 Notice to Sanitation Authority Please Return This Form to the Applicant 25 Hand deliver to: Frederick County Attn: Engineer 315 Tasker Road Stephens City, Virginia Telephone: 540 667 -2001 Acreage: 8.835 Rezoning Comments Main to: Fred -Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Applicant Please fill out the information as accurately as possible in order to assist the Fred -Wmc Service Authoritywtth their review Attacha copy ofyour application` form, location map; proffer statement, impact ana1yis, and any ,other" pertinent information. Applicant's Name: GreyWolfe, Inc Gary R. Oates, LS,PE Telephone: 540 667 -2001 Mailing Address: 1073 Redbud Road Location of property: Fast of Rt 11 and 3000' north of axit 321 (1 -81) Current zoning: RA Frederick Winchester Service Authority Winchester, VA 22603 -4757 Zoning requested: B -3 Hand deliver to: Fred -Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Acreage: 8.835 Fred -Wmc Service Authori t)h {'4YrYbiritm. Fred -Win Sei"vicg Autho Signature Dater- Notice to Fred -Winc Service Authority Please Return Form to Applicant 32 Rezoning Comments Mail to: Frederick Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722 -3480 Frederick Winchester Health Department Applicants °Please fill out the information as aceur t ly,as possible m order to assist the Frederick Winchest He alt_t_ epartment with the r review Attach a copy of your z 4 s 7 as t ap form, location map, proffer „statement, impact analysis; and any,oter pert Applicant's Name: GreyWolfe, Inc Gary R. Oates, LS,PE Telephone: 540 667 -2001 Mailing Address: Current zoning: RA 1073 Redhud Rnad W c r 60 -47 7 Location of property: Fast of Rt 11 and 3000' north from exit 321 (1 -81) Zoning requested: B -3 Hand deliver to: Frederick- Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia Acreage: 8.835 'Frederick Winchcstv r Health Depa Health Dept: Signature &!Date: s Commen Notice to Health Department Please Return This Form to the Applicant 26 Rezoning Comments Frederick County Department of Parks Recreation Mail to: Frederick County Department of Parks Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665 -5678 s Applicagt:.Please'fill out the information as accucurately as;possible in order to assist the Department of Parks Recreation with' their review Attach a dopy"ofyour application xform, Location map profterstatement ►mp anallysis, and any pertinent information Applicant's Name: GreyWolfe, Inc Gary R. Oates, LS,PE Telephone: 540 667 2001 Mailing Address: 1073 Recta ud Road Location of property: Fast of Rt 11 and 3000' north of exit 321 (1 -81) Current zoning: RA Pks. Rec :Signature &Date: Winchester, VA 22603 4757 Zoning requested: B -3 Acreage: 8.835 Notice to Department t arks Recreation Please Return This Form to the Applicant 23 Hand deliver to: Frederick County Department of Parks Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Rezoning Comments Mail to: Winchester Regional Airport Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662 -2422 Current zoning: RA Winchester Regional Airport Mailing Address: 1073 Redbud Road Winchester VA 22603 -4757 Zoning requested: B -3 30 Hand deliver to: Winchester Location of property: Fast of Rt 11 and 3000' north of exit 321 (1 -81) Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant Please fill outs the; information as accurately as possible in order to assist the WinchesterSRegional Airport wrth thetr'revtew aco "of application- form, location `map,.proffer'staternent, impactianalysrs,.and'any other: pertinent information. Applicant's Name: GreyWolfe, Inc Gary R. Oates, LS,PE Telephone: 540- 667 -2001 Acreage: 8.835 Winchester Regional Airport's Comments: Winchester Regional Airport's Signature &>Date: Notice to Winchester Regional Airport Please Return Form to Applicant July 20, 2006 GreyWolfe, Incorporated Gary R. Oates, LS, PE 1073 Redbud Road Winchester, Virginia 22603 -4757 Re: Rezoning Comment RA to B -3 Woodside Commercial Center Stonewall Magisterial District Dear Mr. Oates: WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 -2422 The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Thank you for the opportunity to review this request. Sincerely, S. R. Manuel Executive Director Coordinator of Construction Mr. Gary R. Oates, LS -B, PE Grey Wolfe, Inc. 1073 Redbud Road Winchester, VA 22603 Dear Mr. Oates: SMK/dkr cc: Patricia Taylor, Superintendent of Schools ,\SW �nrs An Br�P/ fp FCP S' July 17, 2006 RE: Rezoning comments for Woodside Commercial Center Respectfully yours, Frederick County Public' Schools e -mail: Visit us at www.frederick.k12.va.us and Facilities Use kapocsis @frederick.k12.va.us This letter is in response to your request for comments concerning the zoning application for the proposed Woodside Commercial Center project. Based on the infonnation provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Stephen Kapocsi Coordinator of Construction and Facilities Use 540 662 3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604 FAX 540 662 3890 July 31, 2006 GreyWolfe, Inc. Attn: Gary Oates 1073 Redbud Road Winchester, VA 22603 RE: Request for Historic Resources Advisory Board (HRAB) Comments Woodside Commercial Center Rezoning; PIN: 33- A -124A Dear Mr. Oates: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of July 18, 2006. The 1-IRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report, the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition were adequate and did not request any changes to the proposed rezoning. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Kevin T. Henry Planning Technician KTH /bad COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 WILBUR C. HALL (1892 -1972) HAND DELIVERED Dear Susan: HALL, MONAHAN, ENGLE, MAHAN MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 7 5 307 EAST MARKET STREET 9 EAST BOSCAWEN STREET THOMAS V. MONAHAN (1924 1999) SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA O. LELAND MAHAN TELEPHONE 703-777-1050 TELEPHONE 540 -B62 -3200 ROBERT T. MITCHELL. JR. FAX 540-662 4304 JAMES A. KLEN KAR E lawyers @hallmonahan.com STEVEN F. JACKSON October 23, 2006 DENNIS J. MCLOUGHLIN, JR. Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning Development 107 North Kent Street Winchester, VA 22601 Re: Woodside Commercial Center Proffer Statement OCT 2 3 2006 PLEASE REPLY TO' P. 0. Box 848 WINCHESTER, VIRGINIA 22804 0848 1 have reviewed the above referenced Proffer Statement. It is my opinion that the Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. With respect to Proffers 1 (b) and (c), these proffers, as written, would not necessarily result in the subject road improvements being constructed prior to any final occupancy permit. Accordingly, I would recommend that the words "or bonded" be deleted from both of these proffers. 2. In Proffer 1(e), the words "to dedicate" should be inserted after the word "proffers" in the first and second sentence. 3. With respect to Proffer 1(f), the Staff needs to determine whether this is a satisfactory monetary proffer as worded. I assume that the concept here is that Susan K. Eddy October 23, 2006 Page 2 HALL, MONAHAN, ENGLE, MAHAN MITCHELL when a site plan is submitted for a given use on the Property, that given use, with the square footage of the structure, would enable the "Average Vehicle Trip Ends on a Weekday" to be determined from the Handbook, and the amount of the proffer thereby calculated. Further, the purpose of the proffer should be modified. The word "maintenance" should be deleted, as it is not the proper subject for a cash proffer. It would also be preferable if the proffer provided more flexibility to the County by providing that the proffer would be "for road improvements and right of way acquisition in the Route 11 and Route 672 corridors in the Clear Brook area." 4. Proffer 3 should be modified to read "The Applicant hereby proffers that the combined floor area for buildings on the site shall not exceed 75,000 square feet." 5. The first line of Proffer 4 should be modified to read "The Applicant hereby proffers that the following uses shall be prohibited on the property:" Further, Staff needs to determine whether item a is clear and whether it is in conflict with Proffer 5. 6. In Proffer 7, Staff needs to determine whether the clause "with a residential use at the time of site plan approval" at the end of the proffer is advisable. 7. In Proffer 8(b), the last sentence should be deleted. Entrances and fire lanes would not constitute parking lots, unless parking is intended to be permitted in the entrances and fire lanes, which would appear to be inconsistent with the intent of the proffer. As previously noted I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. Susan K. Eddy October 23, 2006 Page 3 me. RTM /ks HALL, MONAHAN, ENGLE, MAHAN MITCHELL If there are any questions concerning the foregoing comments, please contact Very truly yours, Robert T. Mitchel.