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HomeMy WebLinkAbout04-07 CommentsWILBUR C. HALL (1892 -1972) THOMAS V. MONAHAN (1924 -1999) 7 d 307 EAST MARKET STREET SAMUEL D. ENGLE LEESBURG. VIRGINIA 0. LELAND MAHAN TELEPHONE 703.777.1050 ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. HAND DELIVERED Dear Mike: HALL, MONAHAN, ENGLE, MAHAN MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW July 25, 2007 Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning Development 107 North Kent Street Winchester, VA 22601 9 EAST 9OSCAW EN STREET WINCHESTER. VIRGINIA TELEPHONE 540-6623200 FAX 540-662-4304 E IaWyers@hallmonahan.com Re: Haggerty Property (The Canyon, LC) Proposed Proffer Statement Revised July 2, 2007 PLEASE REPLY TO: P. 0. Box 848 WINCHESTER, VIRGINIA 22604 -0848 JUL 2 5 2007 L I have reviewed the above referenced Proposed 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 words "and shall include the following:" should be deleted at the end of the second paragraph on the first page. 2. In Proffer 11.2, a second sentence should be added as follows: "The Applicant shall convey the requested land and easements to the FCSA within 30 days of a request from FCSA for the needed land and easements." 3. In Proffer 11.4, staff should determine if the size of the water main needs to be specified in this Proffer. Michael T. Ruddy July 25, 2007 Page 2 HALL, MONAHAN, ENGLE, MAHAN MITCHELL 4. With respect to Proffer 13.4, I offer the following comments: a. A sentence should be inserted after the first sentence as follows: "The Applicant shall dedicate the 80 -foot right of way to the County within 30 days of the County's request therefor." b. It is my understanding that the Applicant is proposing a landscape screen that does not comply with the zoning ordinance. It is my recommendation that the Board of Supervisors not approve a proffer which calls for a development component which does not apply with County ordinances, even though it may be stated as an alternative in the proffer. The Applicant needs to make a decision as to what right of way the Applicant is willing to dedicate, by a proffer which complies the zoning ordinance. 5. In Proffer 13.6, I would recommend that the words "by Applicant" be added to the end of the first sentence. 6. In Proffer 13.7, I would recommend that the last sentence be amended to add after the word "VDOT enclosed in commas, the following: "and approved by the County 7. In Proffer 15.1, the following words at the end of the proffer should be deleted: "and shall be depicted on future subdivision design plans for the adjacent Twin Lakes development." The Board should not approve a proffer that requires action by a property owner not a party to the current proffer. It should be noted that 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 has been done by the staff and the Planning Commission. In particular, I have not undertaken to comment upon the appropriateness of the specific transportation proffers as I assume that that will be done by the staff, engineers for the County, and /or VDOT. Michael T. Ruddy July 25, 2007 Page 3 me. RTM /ks HALL, MONAHAN, ENGLE, MAHAN MITCHELL If there are any questions concerning the foregoing comments, please contact 1 yours, Robert T. Mitche Patrick R. Sowers From: Funkhouser, Rhonda Rhonda .Funkhouser ©VDOT.Virginia.gov] on behalf of Ingram, Lloyd Lloyd.ingram ©VDOT.Virginia.gov] Sent: Thursday, March 08, 2007 8:59 AM To: Patrick Sowers Cc: Ingram, Lloyd; 'Eric Lawrence' Subject: Haggerty Rezoning Modification Request The documentation within the application to rezone this property appears to have significant measurable impact on Route 7. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT has reviewed the transportation proffers offered in the Haggerty Rezoning Modification Request Application dated December 14, 2006 addresses transportation concerns associated with this request. VDOT is satisfied provided the following clarifications are provided in Section 13.2: The spine road will transition from the R -2 cross section to the Route 37 typical section upon entering the proposed Route 37 Corridor. It should be clarified that "project boundary" and "property line" are the same in reference to the construction of a spine road. 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. 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 1 VIRGINIA M Control number RZ06 -0022 Project Name The Canyon Address 117 E. Piccadilly St. Type Application Rezoning Current Zoning RP 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 12114/2006 12/15/2006 Tax ID Number 55 -A -212 212A Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments City Winchester Recommendations Automatic Fire Alarm System Residential Sprinkler System No Requirements Hydrant Location Not Identified Roadway /Aisleway Width Not Identified Reviewed By Jeffrey S. Neal Applicant Patton Harris Rust Associates Fire District 18 State VA Zip 22601 Rescue District 18 Special Hazards No Election District Red Bud No Fire Lane Required Yes Date Revised Applicant Phone 540 -667 -2139 I Department of Inspections Comments: q n/ T/n r 1 uartP '00 y iAnd A' r1 1 val nrn 7n .Z eS,1011 Ci� 0-24 U a n fr. e IvArYc %>7.57;n4 P/avn o s• d meif R is sine A I S P 0 Inspections Signature Date: Notice to Dept. o pections Please Ret r his Form to the Applicant Rezoning Comments Mail to: Frederick Co. Dept. of Inspections Attn: Director of Inspections 107 North Kent Street Winchester, VA 22601 (540) 665-5650 Frederick County Department of Inspections Applicant: Please fill :out the information as accurately as possible in order to assist the Department ofPublic Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust Associates Mailing Address: c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Approx. 3 miles East of Winchester and south of Route 7. Bounded on the north by the Opequon WWTP and East of Eddy's Lane (Route 820). Current Zoning: RP Zoning Requested: RP HAGGERTY REZONING Hand deliver to: Frederick Co. Dept. of Inspections Attn: Director of Inspections Co. Administration Bldg., 4 Floor 107 North Kent Street Winchester, VA 22601 Phone: (540) 667 -2139 IO CD ic tG t A 1 o& S Acreage: 111.56 Ac 11 Depar ent of Public Work's Comments: I -I Qe er {n ?GRA. 10.2 t t t. 'M SA- tVYltin1 S They J- tw. conC<<chs w',tt'i e Avt l 10.4 whctrc FEOA i5 trcck'vtck 4-0 t c t tv, t• coA coti aaktk. I r g1ca ✓c ;c�.2cc( t (h ccM ovly, rZ)Z0/ Public Works Signature Date: dk, L- Notice to Dept. of Public Works— Please Return This Form to the Applicant Rezoning Comments Mail to: Frederick Co. Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, VA 22601 (540) 665 -5643 Applicant: Please fill out the information' as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Mailing Address: Location of Property: Current Zoning: RP Frederick County Department of Public Works Patton Harris Rust Associates c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Zoning Requested: RP HAGGERTY REZONING Hand deliver to: Frederick Co. Dept. of Public Works Attn: Director of Engineering Co. Administration Bldg., 4 Floor 107 North Kent Street Winchester, VA 22601 Phone: (540) 667 -2139 OEC 14 tag glJWO K& NSPEL ule Approx. 3 miles East of Winchester and south of Route 7. Bounded on the north by the Opequon WWTP and East of Eddy's Lane (Route 820). Acreage: 111.56 Ac RECEDE® 10 Fred -Winc ervicte,Authority's Comments: cotAfttemfr 1e ter attached Fred -Wine Service Authority' FWSA Signature Date: Q/tiA-'-- \cP II 1 tol Notice to Fred -Winc Seitvice Authority Please Return This Form to the Applicant Rezoning Comments HAGGERTY REZONING 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: Mailing Address: Applicant: ;'Pleasee =fill out the information 'as accurately as pot'sible in order :to: assist *the Departntent°ofPublic Works with -theirreview: -Attaeh-a copy cf your application form,- location -map, proffer statement, impact analysis, and any other pertinent information. Current Zoning: RP Frederick- Winchester Service Authority Patton Harris Rust Associates c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Hand deliver to: Fred -Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 2260L Phone: (540) 667 -2139 Location of Property: Approx. 3 miles East of Winchester and south of Route 7. Bounded on the north by the Opequon WWTP and East of Eddy's Lane (Route 820). Zoning Requested: RP Acreage: 111.56 Ac DEC 1 4 2006 19 Frederick Winchester Service Authority January 3, 2007 Patrick Sowers Patton Harris Rust Associates 117 East Piccadilly Street Winchester, VA 22601 Dear Mr. Sowers: SUBJECT: HAGGERTY REZONING Post Office Box 43 Winchester, Virginia 22604 Office: /07 North Kent Street County Office Complex Winchester, Virginia 22601 1 -540- 722 -3579 I have reviewed the revised proffer statements for the Haggerty property. As I believe you are aware, the Frederick Winchester Service Authority has a significant involvement in this project, related to the roadway which will tie this project's road system into Route 7. Our first comment is in reference to Section 11, Water and Sewer, Subparagraph 11.4, regarding the applicant's proffer to install a water main to a point of connection with the Frederick Winchester Service Authority's Opequon sewer plant property line. Under an agreement approved by the Frederick Winchester Service Authority Board, the water main would be extended and tied into the existing onsite water system which would require an extension well beyond the Opequon's westerly property line. Our other comment is with regard to the applicant's change (downgrading) of the roadway system from urban undivided (U2) to rural undivided (R2). Our concern is that, with the new entrance to the Opequon facility coming off of the new collector road, there will be significant truck traffic entering and leaving the facility. We believe a left turn lane is critical. In closing, so that you are aware of the requirements of the applicant to the Frederick- Winchester Service Authority, I have attached prior correspondence outlining those conditions. I will also note that, as of this date we have not received a formal submittal regarding the entrance to the Opequon facility, although I have met with your firm to discuss options prior to your submittal of this proffer statement. rely, WA Jesse W. Moffett Executive Director Frederick Winchester Service Authority JWM:ncg Enclosures (2) rit CC: Eric R. Lawrence Director Planning Development Michael T. Ruddy Deputy Director Planning Development Ron Mislowsky Patton Harris Rust Associates "Maintaining and Promoting the Vans o$ the Community t4roug4 BMvi,onmantat Stewardship" Sanitation Authority Comments: 5,C /cc& 70 We W /6L. PAoV /DE .45Ff,i 4 /40 17;61 7f/E 5 /T,E /c/1).6a7,6- Sanitation Authority Signature Da�:��� 1 e Notice to Sanitation Authority Please Return This Form to the Applicant Rezoning Comments HAGGERTY REZONING Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 ar `Applicant 'Please filh the.infoninatiom. as as accuiately possible in /order to assist the,Sanitatiori Authority, with their review.: Attach a copy of your application"' form,' location'' map, proffer; "Statement, impact analysis and.an o}heripertinent information., tee:+" Applicant's Name: Mailing Address: Current Zoning: RP Frederick County Sanitation Authority Patton Harris Rust Associates c/o Patrick Sowers 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA Phone: (540) 667 -2139 Location of Property: Approx. 3 miles East of Winchester and south of Route 7. Bounded on the north by the Opequon WWTP and East of Eddy's Lane (Route 820). Zoning Requested: RP Acreage: 111.56 Ac 15 Dept. of Parks Recreation Comments: fww e-!7.,12/z yi--A2 Parks Signature Date: /yr n) fa ,-2, /7� 2-/ O� Notice to Dept. of/ rks 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 Please �'frll out'sthe information'; as accurately'`as ,possible in order to assist the Departineht Cif -Parks Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Mailing Address: Current Zoning: RP Frederick County Department of Parks Recreation Patton Harris Rust Associates Phone: (540) 667 -2139 c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 HAGGERTY REZONING Hand deliver to: Frederick County Department of Parks Recreation Co. Administration Bldg., 2 Floor 107 North Kent Street Winchester, VA 22601 Location of Property: Approx. 3 miles East of Winchester and south of Route 7. Bounded on the north by the Opequon WWTP and East of Eddy's Lane (Route 820). Zoning Requested: RP Acreage: 111.56 Ac 13 Rezoning Comments HAGGERTY REZONING Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540) 662-2422 Winchester Regional Airport Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport' with their review,} Attach a =copy of your application form, location niap,! proffer s *_atenrent; impact$analys.s, avtl anrothar,perhnentiuforniahon te r rte Applicant's Name: Patton Harris Rust Associates Phone: (540) 667 -2139 Mailing Address: c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Approx. 3 miles East of Winchester and south of Route 7. Bounded on the north by the Opequon WWTP and East of Eddy's Lane (Route 820). Current Zoning: RP Zoning Requested: RP Acreage: 111.56 Ac Winchester Regional Airport's Comments Vie... a idt ('C,\ r1 Winchester Regional Airport Signature Date} ISO IL Z ISle( Notice to Winchester Regional Airport Please Return This Form to the Applicant 17 December 15, 2006 Patrick Sowers Patton Harris Rust Associates 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comments Revised Proffer Statement Haggerty Property F.CL LJUU MCI I.'i3ltiil(11 VIJl11 Ul Dear Mr. Sowers: WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 -2422 The Winchester Regional Airport Authority offers the following comment regarding the proposed rezoning plan for the Bean Property. Neither the location or the elevation of this site requires a 7460 -1 to be filed with the Federal Aviation Administration, however it does lie within the air space of the Winchester Airport. Due to its proximity to the airport, property owners may experience aircraft fly -over noise from aircraft entering into or departing the flight pattern from the North. Special considerations will not be requested by the Winchester Regional Airport. Thank you for allowing us the opportunity to review this rezoning request. Sincerely, Q r S. R. Manuel Executive Director Coordinator of Construction W eems An h' ((7%\44.- 't F ll Frederick County Public Schools e -mail: Visit us at www.frederick.k12.va.us and Facilities Use, kapocsis@frederick.k12.va.us Mr. Patrick Sowers Patton, Harris, Rust and Associates 117 B. Piccadilly Street, Suite 200 Winchester, VA 22601 Dear Mr. Sowers: RE: Haggerty Proffer Modification Request January 23, 2007 This letter is in response to your request for comments for the rezoning application regarding the Haggerty Proffer Modification Request. Based on the information provided, it is important that improvements to the transportation system in this undeveloped part of Frederick County be completed prior to the issuance of building permits. Transporting large numbers of students in and out of areas with high- density housing has become increasingly difficult. The impact of this project on current and future school needs should be considered during the approval process. SMK:dkr Respectfully yours, cc: :Patricia Taylor, Superintendent of Schools AI"Orndorff, Assistant Superintendent for Administration Charles Puglisi, Director of Transportation Stephen M. Ka ocsi Coordinator of Construction and Facilities Use 540- 662 -4518 Ext 88112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604 -2546 FAX 540- 662 -3890