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HomeMy WebLinkAbout19-06 Comments (2)November 15, 2006 Mr. Patrick Sowers Patton Harris Rust Associates 117 E. Piccadilly Street Winchester, Virginia 22601 RE: Proposed Rezoning of the Seefried Property Dear Patrick: 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 I have had the opportunity to review the draft rezoning application for the Seefried Property. This application seeks to rezone 27.24 acres from the MH -1 (Mobile Home Community) District and 48.77 acres from the RA (Rural Areas) District to the Ml (Light Industrial) District. Staff's review comments are listed below for your consideration. 1. Eastern Frederick County Long Range Land Use Plan. The site is within the limits of the Eastem Frederick County Long Range Land Use Plan. The plan shows a portion of this property with a residential designation and the remainder with no designation. The residential designation reflects the existing MI-I -1 zoning of the site and its proximity to the existing Arcadia Mobile Home Park. The request to M -1 for this site could be consistent with the existing use in the area because the majority of the site is surrounded by the existing Fort Collier Industrial Park and Interstate 81. 2. Transportation Levels of Service. The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed industrial and commercial development. This application does not provide that Level of Service. 3. Traffic Impact Analysis (TIA). The TIA does not meet County standards. A few examples of shortcomings include: the inclusion of a Winchester Gateway hotel at 100sf is unclear, the numbers provided for Russell Glendobbin are incorrect, the figure provided for Rutherford Farm Industrial Park is shown as only industrial and the modeling does not account for the maximum possible use of the property. I would also point out that some of the modeled improvements have not been proffered by anyone. Page 2 Mr. Patrick Sowers RE: Proposed Rezoning of the Seefried Property November 15, 2006 4. Impact Assessment Statement Proposed Uses. The application states the rezoning is for Flex warehouse uses and the TIA is based on 1,000,000 square feet of industrial uses. The proffer statement does not call for a specific use and unless a specific use is proffered, the County will assume the maximum possible development (office) as per the County's rezoning application, combined with the maximum possible floor space. At the maximum possible use, there is the potential for 1,881,000sf of office uses. A proffer to limit the square footage of the development to no more than 1,000,000sf would be appropriate as well as limiting office use on the site to accessory office only. 5. Site Access. Access to this site is proposed via scenario A or B; a definitive access point has not been provided. The impact statement indicates that the applicant is still pursuing access B. It was our understanding that this rezoning would not be brought forward until access point B was obtained. 6. Traffic Impact Analysis. As stated previously in the TIA and by the Virginia Department of Transportation, various transportation improvements are required to maintain acceptable levels of service at six different locations. The revised proffers submitted only address the westbound right -turn lane at the Route 11 /Brooke Road Intersection (bullet point 2) and the northbound right turn -lane required for site driveway B (point 6). These proffers further state that these improvements will only be available for two years and if not utilized, the applicant will not be responsible for the improvements. Numerous other transportation impacts are noted in your TIA which has not been addressed (see VDOT Comments and TIA Conclusions). All impacts that this project creates should be mitigated by this project. 7. Two Year Stipulation for Proffers. The two year time period indicated in the transportation proffer is not appropriate. As proffered, if this development is not constructed within two years of the approval of the rezoning, the applicant has no transportation responsibilities. All transportation proffer improvements should be provided to mitigate the traffic impacts prior to the issuance of any building permit. 8. Proffer Statement #2.1 and 2.2). Proffers 2.1 and 2.2 are already required by ordinance and need to be removed from the proffers. It is not appropriate to proffer ordinance requirements. 9. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works and the local Fire and Rescue Company. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Page 3 Mr. Patrick Sowers RE: Proposed Rezoning of the Seefried Property November 15, 2006 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, Once attorney comments are received by the Planning Department, a copy will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 10. Special Limited Power of Attorney. Provide a power of attorney for Seefried Properties, Inc. Candice E. Perkins Planner II Attachments cc: Patrick Barker William Lockhart, 1345 Baker Lane, Winchester VA 22603 Seefried Properties, 4200 Northside Parkway, Building 1, Suite 300, Atlanta GA 30327 CEP /bad Seefried Property VDOT Comments to Proposed Rezoning Frederick County Page 1 of 2 Candice Perkins From: Eric Lawrence [elawrenc @co.frederick.va.us] Sent: Wednesday, December 06, 2006 11:00 AM To: 'Candice Perkins' Subject: FW: Seefried Property VDOT Comments to Proposed Rezoning Frederick County Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540 665 -5651 540 665 -6395 (fax) elawrenc(o�co.frederick.va.us www.co.frederick.va.us Original Message From: Funkhouser, Rhonda [mailto:Rhonda.Funkhouser @VDOT.Virginia.gov] On Behalf Of Ingram, Lloyd Sent: Wednesday, December 06, 2006 10:56 AM To: 'Patrick R. Sowers' Cc: 'CMaddox ©shentel.net; 'Eric Lawrence'; Copp, Jerry; Ingram, Lloyd; Alexander, Scott Subject: Seefried Property VDOT Comments to Proposed Rezoning Frederick County The documentation within the application to rezone this property appears to have significant measurable impact on Routes 1328, 1322, 1320, 1323, 1200 and 11. These route are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Seefried Rezoning Application dated October 3, 2006, revised December 5, 2006 addresses transportation concerns associated with this request. VDOT strongly recommends and encourages the developer to pursue access from the proposed rezoned property to Route 1323 via the Winchester Pasta Property. 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. 12/6/2006 Seefried Property VDOT Comments to Proposed Rezoning Frederick County Page 2 of 2 Lloyd A. Ingram Transportation Engineer VDOT Edinburg Residency Land Development 14031 Oki Valley Pike Edinburg, VA 22824 (540) 984 -5611 (540) 984 -5607 (fax) 1 2/6/2006 WILBUR C. HALL (1892 1972) THOMAS V. MONAHAN (1924 -1999) SAMUEL D. ENGLE 0. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOIJGHLIN, JR. Dear Candice: HALL, MONAHAN, ENGLE, MAHAN MITCHELL NOV 2 7 2006 A PARTNERSHIP OF PROFESSIONAL CORPORATIONS S 307 EAST MARKET STREET LEESBURG, VIRGINIA TELEPHONE 703 777-1070 ATTORNEYS AT LAW November 27, 2006 HAND DELIVERED Candice E. Perkins Planner II Frederick County Department of Planning Development 107 North Kent Street Winchester, VA 22601 9 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540 062 3200 FAY 540-662 E MAIL Iawyers@hallmonahan corn Re: Seefried Property (Seefried Properties, Inc.) Proposed Proffer Statement PLEASE REPLY TO: P. 0. Box 848 WINCHESTER, VIRGINIA 22604 0848 1 have reviewed the above referenced Proffer Statement. It is my opinion that the proposed 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. The proposed Proffer Statement should contain a paragraph setting forth the identity of the owner or owners of each parcel, and the source of title for their ownership. 2. The first paragraph of the proposed Proffer Statement states that the proffers "shall supersede all other proffers that may have been made prior hereto." If there has been a prior proffered rezoning on either of the properties, a copy of the previously approved proffers should be provided to me to supplement this review. If there has been no prior proffered rezoning, the above quoted language should be deleted. Candice E. Perkins November 27, 2006 Page 2 HALL, MONAHAN, ENGLE, MAHAN MITCHELL 3. In paragraph 1 of the proffers (Monetary Contribution), I would suggest that the word "industrial" be removed from each of the three proffers, so that the subject monetary contributions will be due upon the issuance of the first building permit on the property. Since the property is being zoned to an industrial category, the proffer-should be due upon the issuance of the first building permit on the property, without having to make a determination as to whether the building being constructed is "industrial 4. Proffer 2.1, which states that "Site lighting shall be constructed in a manner that avoids any negative impacts to adjacent properties is unnecessarily vague. The proffer should either detail the specifics of the lighting, or add at the end of the sentence "as determined by the Zoning Administrator.' 5. In Proffers 2.4 and 2.5, reference is made to a "future access road Since the proposed Proffer Statement makes no reference to a Generalized Development Plan, nor any reference to a plat to be made a part of the proffers showing the location of the future access road, staff needs to determine whether it can reasonably evaluate these two proffers. 6. One of the record owners of the Property is shown to be "William J. Lockhart, et als This indicates more than one owner. However, the Proffer Statement is setup to be signed (on Page 3 of5) by one person on behalf of "William J. Lockhart, et als The Frederick County tax parcel information references Deed Book 934 at Page 658. The document there recorded is a Affidavit showing the heirs of Delitt Elizabeth Lockhart. That affidavit indicates that Delitt Elizabeth Lockhart died intestate (without a will), leaving as her heirs the six persons listed on the affidavit. Presumably, Delitt Elizabeth Lockhart was the owner of the property, and upon her death the title to the property passed to her six heirs listed on the affidavit. If this is the case, then each of the owners of the property must sign the Rezoning Application and the Proffer Statement, unless there is produced a legally sufficient Candice E. Perkins November 27, 2006 Page 3 HALL, MONAHAN, ENGLE, MAHAN MITCHELL power of attorney for a person to sign these documents on behalf of one or more of the owners. I enclose a copy of the affidavit recorded in Deed Book 934 at Page 658. It should be noted that T 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. me. RTM /ks Enclosure If there are any questions concerning the foregoing comments, please contact Patrick R. Sowers Funkhouser, Rhonda Rhonda .Funkhouser ©VDOT.Virginia.gov] )Sent: Tuesday, November 07, 2006 1:40 PM To: 'Patrick R. Sowers' Cc: Ingram, Lloyd; 'Eric Lawrence'; 'Mike Ruddy' Subject: FW: Seefried Property VDOT Comments to Rezoning Proposal This is being resent since bulleted items were not able to be viewed previously. From: Funkhouser, Rhonda On Behalf Of Ingram, Lloyd Sent: Tuesday, October 31, 2006 7:36 AM To: 'Patrick R. Sowers' Cc: Ingram, Lloyd; 'Eric Lawrence'; 'Mike Ruddy' Subject: Seefried Property VDOT Comments to Rezoning Proposal The documentation within the application to rezone this property appears to have significant measurable impact on Routes 1322, 1328, 11 and 7. These route are the VDOT roadways which have been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Seefried Property Rezoning Application dated October 3, 2006 addresses transportation concerns associated with this request. The Traffic Impact Analysis supporting this rezoning request identified the following intersections as needing improvements to mitigate the additional traffic generated: Route 11 /Welltown Road: An additional eastbound left -turn lane, northbound left- turn lane and two (2) southbound left -turn lanes will be required to maintain an overall intersection level of service "D" or better during 2010 background and build -out conditions. Route 11 /Brooke Road: A separate westbound right -turn lane would be required to maintain overall intersection level of service "C" during 2010 build -out conditions. Route 7 /Fort Collier Road: An additional southbound left -turn lane and northbound left -turn lane will be required to maintain overall intersection level of service "D" or better during 2010 build -out conditions. Brook Road /Fort Collier Road: Traffic signalization would be required to maintain overall intersection level of service "D" or better during 2010 build -out conditions for both Scenarios #A and #B. Additionally, southbound left -turn lane and westbound right turn -lane would be required for Scenario #B during 2010 build -out conditions. Site Driveway #A /Fort Collier Road: Traffic signalization along the westbound left and right turn lanes would be required to maintain overall intersection level of service "C" or better during 2010 build -out conditions for Scenario #A. Site Driveway #B /Brooke Road: A northbound right turn -lane would be required to maintain overall intersection level of service "D" or better during 2010 build -out conditions for Scenario #B. The proffers do not address any offsite roadway improvements. 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. 1 Dear Patrick: Mr. Patrick Sowers Patton, Harris, Rust, Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Rezoning Application for Seefried Property Frederick County, Virginia November 9, 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 Seefried Property and offer the following comments: 1. Impact Analysis Statement: Provide individual detailed discussions related to the site drainage, environmental features (wetlands, karst geology, etc.), and solid waste disposal. The latter topic is included in the table of contents, but was not addressed in the detailed discussion. 2. Impact Analysis Access and Transportation: We applaud the applicant's pursuit of access through the existing pasta plant property to Brooke Road. We concur that this access represents the preferred method of ingress /egress to accommodate truck traffic. When this point of ingress /egress has been achieved, we recommend that the existing 50 -foot access easement across the jail property be vacated. 3. Refer to page 2 of 5 Proffer Statement: We concur with the applicant's offer to construct a stormwater management pond using an impervious liner to avoid groundwater impacts. We would further recommend that a synthetic liner be used because of the potential for sinkhole development which occurred in the adjacent pasta plant stormwater basin. The geotechnical analysis should include geophysical methods to accurately evaluate and locate potential subsurface voids. The analysis should be extended to the area or areas proposed for stormwater management ponds. 1 can be reached at 722 -8214 if you should have any questions concerning the above comments. Our approval of the proposed rezoning will be granted upon receipt of the revised impact analysis with the inclusion of the topics referenced in comment number one. cc Planning and Development file Sincerely, ka LA,P lti 4 Harvey rawsnyder, Jr., P.E. Director of Public Works C: \Program Files \WordPerfect Office X3 \Rhonda \TEMPCOMMENTS \secfried property.wpd 107 North Kent Street Winchester, Virginia 22601 -5000 Thank you for allowing u.he opportunity to comment. Lloyd A. Ingram _..Transportation Engineer IVDOT Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984 -5611 (540) 984 -5607 (fax) 2 n- c ou ;ter 1" Rescue sr.r a Department� Office ooff'the Fire Marshal Flan Review andcComments Control number az06 -0019 Project Name Seefried Property Address 117 E. Piccadilly St. Type Application Rezoning Current Zoning MH -1,RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Plan Approval Recommended Yes Emergency Vehicle Access Comments Access Comments Additional Comments Plans approved as submitted. Date received 10/10/2006 Tax ID Number 54- A- 89,54 -A -91 City Winchester Recommendations Automatic Fire Alarm System Residential Sprinkler System No Requirements Hydrant Location Not Identified Roadway /Aisleway Width Not Identified Reviewed By J. Neal Fire District 18 Date reviewed 10/11/2006 Applicant Patton Harris Rust Associates State VA Signature Title Zip 22601 Fire Lane Required No Special Hazards No Rescue District 18 Date Revised Applicant Phone 540 667 -2139 Election District Stonewall No 11,4t()P October 12. 2006 Mr. Patrick Sowers Patton Harris Rust Associates 117 L. Piccadilly Street, Suite 200 Winchester, VA 22601 Dear Mr. Sowers: COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 RE: Request for Historic Resources Advisory Board (HRAB) Comments Seefried Rezoning; PINS 54 -A -89, #54 -A -9I Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does identify a core battlefield within this area, but further research displays that this parcel has lost its integrity with respect to historic value. 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 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Dept. of Parks Recreation Comments: 4 ecyzniric.42 Parks Signature Date: 7,e,l2 "L/1. „.ci`� C 21 C/ Notice to Dept. of a ks Recreation Please Return This Form to the Applicant Rezoning Comments Mail to: Frederick County Dept. of Parks Recreation 107 North Kent Street Winchester, VA 22601 (540) 665 -5678 Applicant's Name: Frederick County Department of Parks Recreation c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Hand deliver to: Frederick County Department of Parks Recreation Co. Administration Bldg., 2 Floor 107 North Kent Street Winchester, VA 22601 Seefried Properties, Inc. A lint P t o fill out th fmm tlon aass a ociGately` 't p ossible in order o a ssist I d e Department. oflParks 'Recreation with theirprev1ew Attachc ayco py, of yo ur application forn,� 'Eyt E k '4. aT+r 1 �.Y�3r4T` tlf+.K.�F vi �t jr W4 L fl�.�a.. ssi.r'�t,i fry.. E locationimap iproffer j enl statent, ympact,analysis, andsIny fh oetilpeitinenttri�or rmatwn. Patton Harris Rust Associates Phone: (540) 667.2139 Location of Property: The Property is located West of 1 -81 adjacent to the Fort Collier Industrial Park and Arcadia Mobile Home Park approximately 1000 feet East of the intersection of Fort Collier Road and Brooke Road. Current Zoning: MH -1, RA Zoning Requested: Ml Acreage: 76.01 12 Coordinator of Construction and Facilities Use Mr. Patrick Sowers Patton, Harris, Rust Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Dear Mr. Sowers: SMK/dkr Frederick County Public Schools Visit us at www.frederick.k12.va.us RE: Rezoning Comments for Seefried Property October 27, 2006 This letter is in response to your request for comments concerning the rezoning review and approval for the Seefried Property. Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Respectfully yours, cc: Patricia Taylor, Superintendent of Schools Al Omdorff, Assistant Superintendent for Administration Charles Puglisi, Director of Transportation Stephen Kapocsi Coordinator of Construction and Facilities Use e -mail: kapocsis@frederick.k12.va.us 540 662 -4518 Ext 88112 1415 Amherst Street, Post Office I3ox 3508, Winchester, VA 22604 -2546 FAX 540- 662 -3890 Sanitation Authority Comments: WE y,l 777 kK11T,Ek t 561/05A n,,4 cOA,fc77Y ZE 14 4.C f /64 To PRO V7 5E vice b 6 cen 57/ Sanitation Authority Signature Date:�„,� 11y te-A7 I OCj e,c; fi' Notice to Sanitation Authority— Please Return This Fonn to the Applicant Rezoning Comments Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Mailing Address: 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Frederick County Sanitation Authority Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA LI I E t J it/toed", 77,0 ,F,, IS eefriediProperties, Inc. wr iil P e e fill out the anforiniiton a ac a posstb o d to asstal the Sa ttatton FAuthonty wrifi their reyiew Attac t *-your apphcatimi formfi,locatimi mapAproffer t uv'e im r. '+tF�`y si s' u d nrTa ot h e edin t? '?n atio kstatementtimpactyanal sis, and= an },other,pertinent,mfor :mationo Applicant's Name: Patton Harris Rust Associates Phone: (540) 667.2139 c/o Patrick Sowers Location of Property: The Property is located West of I -81 adjacent to the Fort Collier Industrial Park and Arcadia Mobile Home Park approximately 1000 feet East of the intersection of Fort Collier Road and Brooke Road. Current Zoning: MH -1, RA Zoning Requested: Ml Acreage: 76.01 14 Fred Winchester i Service Authority's Comments: AO CO COWAVAIS FWSA Signature Date: lAAAA, V"..+ It 9(0‘ Notice to Fred -Wine Service Authority Please Return This Form to the Applicant Rezoning Comments Mail to: Fred -Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Applicant's Name: Patton Harris Rust Associates Mailing Address: Location of Property: Frederick- Winchester Service Authority c/o Patrick Sowers 117 E. Piccadilly Street Suite 200 Winchester VA 22601 Current Zoning: MH -1, RA Zoning Requested: Hand deliver to: Fred -Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 App can eparten'o ap proffer as possibe n oTde %`toassist the h a copy of ou "rrapplicatiou. other pert mentainformutton. tou informatioo s ac iratel alis ks lhei A ttac tatement impactranalysis, and an Phone: (540) 667:2139 Seefried Properties, Inc. OCT 1 0 2006 The Property is located West of I -31 adjacent to the Fort Collier Industrial Park and Arcadia Mobile Horne Park approximately 1000 feet East of the intersection of Fort Collier Road and Brooke Road. M1 Acreage: 76.01 18 Frederick Winchester Health Department's Comments: Cc C? f� C G C „S tie A-t e -4 -v Health Signature Date: 1' /0 a- 6” r,/ Notice to Health Department Please Return This Form to the Applicant Rezoning Comments Mail to: Frederick- Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Frederick Winchester Health Department �Appli le Y 11 11 o the info c as ra a s p ossible >iri o cester "ice. Y 4 ment w ith x% Att copy o to location map rsta impact alvsis,'and any other pertinent nformation Applicant's Name: Patton Hams Rust Associates c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Hand deliver to: Frederick- Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722 -3480 S OCT 10 20115 Seefried Properties, Inc. Phone: (540) 667.2139 Location of Property: The Property is located West of I -81 adjacent to the Fort Collier Industrial Park and Arcadia Mobile Horne Park approximately 1000 feet East of the intersection of Fort Collier Road and Brooke Road. Current Zoning: MH -1, RA Zoning Requested: M1 Acreage 76.01 15