The URL can be used to link to this page

Home My WebLink About05-07 Comments0 • ROBERT T. MITCHELL, JR. FAX 540- 5ee -4304 JAMES A. KLENKAR E - MAIL lawyers @hallmonahan com STEVEN F. JACKSON May 23, 2007 DENNIS J. MCLOUGHLIN, JR. J Michael T. Ruddy, A1CP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 MAY 2 4 2007 PLEA5E REPLY TO: P. O. BOX 648 WINCHESTER, VIRGINIA 22604 -0848 Re: Admiral Byrd Center (Bermel) Proffer Statement Dear Mike: I have reviewed the above - referenced Proffer Statement dated February 5, 2007. 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. In the "REZONING" heading on the first page, the requested rezoning should be stated (M -1 to B -2). 2. The staff should determine whether Paragraph 1 (Airport Road) of the Transportation Enhancements proffers constitutes a satisfactory proffer and whether the improvements to be made are sufficiently detailed. 3. In Paragraph 1 of Commercial Land Use proffers, the staff should determine whether the proposed construction materials are satisfactory. Also, it should be clarified what is meant by walls and rooflines "which face public streets ", considering that the total ,tract is bordered by public streets. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW i WILBUR C. HALL (1892-1972) - THOMAS V. MONAHAN (1924 -1999) E 307 EAST MARKET STREET 9 EAST BOSCAWEN STREET ' SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER. VIRGINIA �- - -- 0. LELAND MAHAN TELEPHONE 7037771050 TELEPHONE 540 -662 -3203 ROBERT T. MITCHELL, JR. FAX 540- 5ee -4304 JAMES A. KLENKAR E - MAIL lawyers @hallmonahan com STEVEN F. JACKSON May 23, 2007 DENNIS J. MCLOUGHLIN, JR. J Michael T. Ruddy, A1CP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 MAY 2 4 2007 PLEA5E REPLY TO: P. O. BOX 648 WINCHESTER, VIRGINIA 22604 -0848 Re: Admiral Byrd Center (Bermel) Proffer Statement Dear Mike: I have reviewed the above - referenced Proffer Statement dated February 5, 2007. 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. In the "REZONING" heading on the first page, the requested rezoning should be stated (M -1 to B -2). 2. The staff should determine whether Paragraph 1 (Airport Road) of the Transportation Enhancements proffers constitutes a satisfactory proffer and whether the improvements to be made are sufficiently detailed. 3. In Paragraph 1 of Commercial Land Use proffers, the staff should determine whether the proposed construction materials are satisfactory. Also, it should be clarified what is meant by walls and rooflines "which face public streets ", considering that the total ,tract is bordered by public streets. 0 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy May 23, 2007 Page 2 4. Paragraph 2 of the Commercial Land Use proffers makes reference to a Generalized Development Plan for the Airport Business Center. It would appear that this property is to be developed in accordance with that GDP. If so, there should be a separate proffer that the property will be developed in conformity with the Generalized Development Plan for the Airport Business Center. In any event, it should be noted that there is no proffer which commits to a general development plan for the property. 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 will be done by the staff and the Planning Commission. If there are any questions concerning the foregoing comments, please contact me. ( Very truly yours, Robert T. Mitchell, Jr. RTM /ks Tim Stowe • From: Funkhouser, Rhonda [ Rhonda.Funkhouser @VDOT.Virginia gov] on behalf of Ingram, Lloyd [ Lloyd.ingram @VDOT.Virginia.gov] o t: Monday, April 09, 2007 10:50 AM timstowe@stowecompanies.com Cc: Ingram, Lloyd, Eric Lawrence Subject: RE: Admiral Byrd Center TIA Tim, We have completed the review of your revised TIA (revised March 28, 2007) and we concur with your TIA's conclusions. Should you require additional comments, please contact me. Lloyd Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency — Laud Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984 -5611 Ft (540) 984 -5607 =rom: Tim Stowe [mailto :timstowe @stowecompanies.com] lent: Friday, April 06, 2007 9:13 PM ro: Ingram, Lloyd iubject: Admiral Byrd Center TIA _loyd, wanted to check in with you on this project. When we spoke last Friday you were going to try to get me going this week. I know ve missed that target, but can we get it cleared by Tuesday? Fhank you for your assistance. Lin Stowe I he Stowe Companies Vorking together woh�sF+ • i ti � t�nn7 0 Rezoning Comments 0 0 Frederick County Department of Public Works Mail to: Hand deliver to: Frederick County Dept. of Public Works Frederick County Dept. of Public Works Attn: Director of Engineering Attn: Director of Engineering 107 North Kent Street County Administration Bldg. Winchester, Virginia 22601 107 North Kent Street (540) 665 -5643 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their I evie"v. A_?1sr!) a cone of v(wl appiic:Etion for n, location map, proffer statement, i mpact analysis, and any other pertinent information. Applicant's Name: Admiral Byrd Center, LLC I -k, �-,, & -�, Y�X l V, Telephone: 703- 568 -9100 Mailing Address: 10550 Marbury Oakton, VA 22124 Location of property: On Airport Road, directly across from the Winchester Regional Airport. Current zoning: M 1 Zoning requested: B2 Acreage: +/- 11 parrment of ruonc vvorx s omments: 0 Notice to Dept. of Public Works - Please Return This Form to the Applicant L� 0 Reionind Comments Frederick County Sanitation Authority Appticaut's Namc: Admiral Byrd Centcr, LLC Mail to: Hand deliver to: Frederick County Sanitation Authority Frederick County Sanitation Authority Atin: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, Virginia 22604 Stephens City, Virginia (540) X68 -1061 Applicant: PI!�nsc fill nul thr ill lirnnalir+n ❑;: ;Irrlu;p� Iv :a •r ;. , to ,cci:a '�,�. `:Rlll:llrni! Anllu nrl� Wll�i I P fir" ,arir ;! ,�, - rc �r. �:r.r. �,r ,i�er 'o• rr, Mailin AddIONN: 10550 Marbury Oakton, VA 22124 J Telephone: 703- 568 -9100 Locution ol'property On Airport Rond, di across from the Winc heste r R egion al Airpo Curr zon fn" . M1 o /.omn rc ucslcd: B Sanitation Authority Connucnts: 0 Acrca',c + / +/- 11.4 Sanitation Authority Signature & Dar: U L"�S Notice to Sanitation Authority - please Return This Norm to the Applicant • ]'fI RCCC_CC7_cni .nnr. u ♦ - - II - +II . .- J..- -- -- -- „ -- Rezoning Comments i Frederick- Winchester Service Authority Mail to: Hand deliver to: Fred -Wine Service Authority Fred -Wine Service Authority Atta: Jesse W. Moffett, Executive Director Atli): Jesse W. Moffett P.O. Box 43 107 North Kent Strect Winchester, Virginia 22004 Winchester, Virginian (540) 722 -3579 Applicant: Please till out Ihr inlixnuttion us accurately as possible in ord'; rin ncci�l the j � wd -Wine ticrvicc AWh,rrity with tiwir tccir��. _�.. '::. , ui,, tne'1 :';',�'- ;urn:, ai i p rolfcr stat ement , impar ut th'sis, :11141 :mc W!)L Irrtiucat in''u: • Applicant's Name: Admiral Byrd Center. LLC telephone: 703 -568 -9100 10550M;IfIrury Oakton, VA 22124 — – – LocaGciu of propcny: On Airport Rorid, tlireClly across (1011 the 1Ninohe Reqion AithoR. Current zoning_ M1 "Zoning requested: B2 Acrcagc: +/_ 11_4 Fred-Wine Service Authority's Comments: �vT 7 Fred -Wine Service Authority' Signature & Date: 0 21 106 • Notice to Fred -Wine Service Authority - Please Return Fonn to Applicant E Rezonin- Comments Zoning requested: _B2 Acreage: +/- 11.4 Frederick County Department of Parks & Recreation Mail to: (land deliver to: Frederick County Frederick County Dcpartmentof Parks & Recreation Department of Parks & Recreation 107 North Kent Street County Administration Bldg., 2nd Moor Winchester, Vin;inia 22601 107 North Kent Street (540) 605 -5678 Winchester, Virvinial Applicant fill out IIIC intolul.ltiun a� tuur,tic(y i r , pos:a011 in to I a.t !hr 1- P ! :16uw with then icv w t _. I'; i Ld 8 i �' i. i 1. n: ° . -'1• lUl "111, locatlou anal), prlltl cl'.if:a Cllll`;+i,;i"pacf :u u[�)'d i)., 1110 L:.. iicl il' i tilltlll' information. Applicant's Name: Admiral Byr Center, LLC fcicphonc: 703 -568 -9100 Mailing Address: 10 Marbury Oakto VA 22124 Location of property: On Airport Road, directl across from t h e Winchester Regional Airpo Current zoning: M1 Department of Parks & Recreation Comments: Pks. & Rcc, Signature & Date: Notice to Department & Recreation - Please Return This Norm to the Applicant 0 1 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 November 21, 2005 Mr. David Lellock Urban Engineering & Associates, Inc. 600 Pegasus Court, Suite 101 Winchester. VA 22602 RE: Request for Historic Resources Advisory Board (HRAB) Comments Admiral Byrd Center Rezoning; PIN# 64 -A -401 Dear Mr. Lellock: 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 noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley identifies this property as being located within the study area of the Second Battle of Winchester; however, due to the development in this area, it has been deemed to have lost its integrity. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely_ Candice E. Perkins Planner 11 CEP /bad 0 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 • Rezoning Comments Winchester Regional Airport 0 Mail to: Hand deliver to: Winchester Regional Airport Winchester Regional Airport Attn: Executive Director Attn: Executive Director 491 Airport Road 491 Airport Road Winchester, Virginia 22602 (Rt. 645, off of Rt. 522 South) (540) 662 -2422 Winchester, Virginia Applicant:;Please fill out the inform_ ation as accM a'ey as possible in order to assist the ` mchestei Re Tonal Air ot with till tPai g f Uzi location map;,piolfer statement; pipact Rnalys,is; and any other pertineut itrigrivatiotr, ,- Applicant's Name: Admiral Byrd Center, LLC Telephone: 703- 568 -9100 Mailing Address: 10550 Marbury Oakton, VA 22124 Location of property: On Airport Road, directly across from the Winchester Regional Airport. Current zoning: M1 Zoning requested: B Acreage: +/- 11.4 iNotice to Winchester Regional Airport - Please Return Norm to Applicant 0 0 WINCHESTER REGIONAL AIRPORT 7 021 d ~ 491 AIRPORT ROAD TOP Of viuem'A WINCHESTER, VIRGINIA 22602 11- _ _ 1 4 (540) 662 -2422 December 5, 2005 Dave Lellock, P.E. Urban Engineering & Associates, Incorporated 600 Pegasus Court #101 Winchester, Virginia 22602 Re: Rezoning Comment -- M1 to B2 Admiral Byrd Center, LLC Shawnee Magisterial District Dear Mr. Lellock: The proposed rezoning request for Admiral Byrd Center to a B -2 zoning would be considered compatible with airport operations except for any Day -Child Care Facilities. We respectfully request the applicant give consideration to include that type of use under prohibited uses. • Allowed uses under B -2 zoning should not impact business operations of the Winchester Regional Airport and any special requirements during the development phase will be stated upon review of the site plan. Thank you for the opportunity to review this rezoning request. Sincerely, S. R. Manuel Executive Director • 0 E Admmi,t.b e Asintant to the S.jx'rintondanl �\ yti �ponu:.M Fj r. IFCP5 Frederick Counhj Public Schools Visit usat www.(nxlerick.kl2.vn.os December 14, 2005 Mr. Michael J. Bcrmcl Admiral Byrd Center, LLC 10550 Marbu y Oakton, VA 22124 Dear Mr. Bermel: RE: Rezoning Comments for Rezoning Proposal " mail: kat e:.sis4Mn-dcrirk. k 12. va.u, This letter is in response to your request for comments conceming the rezoning application for the proposed property located on Airport Road, directly across from the Winchester Regional Airport. 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, `�� Stcphe Kapocsl' Administrative Assistant to the Superintendent SMK /dkr cc: William C_ Dean, Ph.D., Superintendent oi'Schools Al Orndortf, Assistant Superintendent for Administration Charles Puglisi, Director of Transportation 0 540 -602 _Wti F'xi 112 1415 Amht•rst Strt•.t'L PtKI Office Box 151121, Winche.Aer, VA 22W4 -25446 FAX 54041;2-,48W 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 TO: Tim Stowe FROM: Michael T. Ruddy, AICP Deputy Director RE: Preliminary Points— Admiral Byrd Center Rezoning DATE: April 17, 2007 The following points are offered regarding the Admiral Byrd Center Rezoning application. Please consider them as you continue your work preparing the application for submission to Frederick County. The comments reiterate the input I have previously provided in several meetings held regarding this application. Admiral Byrd Center Rezoning — Preliminary Rezoning Notes. Please ensure that all review agency comments are fully addressed. The Frederick County Comprehensive Policy Plan identifies the general area surrounding this property with an Industrial Land Use Designation. Any proposed land use modifications to this property should reflect this land use designation of the Comprehensive Plan. The property is located directly across from the Winchester — Frederick Regional Airport. Therefore, this property should be considered as a gateway site and the development of the property should be of an appropriate standard and design. This site represents a prime economic development location. Any changes to the land use of this site should continue to make the most of the location from a community economic development perspective. • 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 0 0 • Admiral Byrd Center Rezoning — Rezoning Comments April 17, 2007 Page 2 Transportation. Access management, entrance locations, and inter - parcel circulation and access should be a greater consideration. Omitted from the transportation program are any additional accommodations for pedestrian circulation that would provide access internal to the project and ultimately to the adjacent developments. Airport Road is identified as a major collector road. Sufficient right -of -way should be available to achieve this ultimate typical section. Proffer Statement. Generalized Development Plan. The Generalized Development Plan is the tool that the applicant could use to clarify any commitments made as part of the rezoning application. However, a GDP is not included in the Applicant's Proffer Statement. It is recommended that the applicant provide a Generalized Development Plan. The Generalized Development Plan should be general in nature but address key elements of the development of the site. In general, there may be an opportunity to revisit the GDP and provide for a design and layout which provides for an enhanced design and development. Other. Suggest implementation of corridor appearance guidelines on the major collector road. This could be done through the thoughtful design of landscaping, signage, setbacks, building location and form, building orientation and screening of loading bays and utilities etc. The types of uses and the balance of uses should be evaluated and limited to ensure that the goals of the Comprehensive Plan are addressed. MTR/bad •