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Home My WebLink About08-07 CommentsCOUNTY of FREDERICK �J Department of and Development 540/665.5651 FAX: 540 /665 -6395 0 March 23, 2007 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Proposed Rezoning of the Shady Elm Property Dear Patrick: I have had the opportunity to review the draft rezoning application for the Shady Elm Property. This application seeks to rezone 58.74 acres of land from the RA (Rural Areas) District to the B3 (Industrial Transition) District. Staff's review comments are listed below for your consideration. 1. Comprehensive Policy Plan. The site is designated on the Eastern Frederick County Long Range Land Use Plan for industrial use. The site is within the Sewer and Water Service Area (SWSA). The site is within the limits of the Southern Frederick Land Use Plan. This small area land use plan calls for industrial uses along the CSX Railroad and specifically designates the site for industrial use. The proposed B3 rezoning is not consistent with the Comprehensive Policy Plan. The Shady Elm area north and south of Route 37 is a thriving industrial area, and its integrity should not be compromised with quasi - retail uses. While the B3 District can function as a transition between business and industrial areas, the Kernstown Business Park immediately to the east, which is Zoned B3, already serves as the transition between the retail uses alo ^.g Va1!ey Pike (Rol:te 11) and this nlanned industrial area. An Ml rezonin_n would be consistent with the Comprehensive Policy Plan. 2. Comprehensive Policy Plan. A number of road improvements in the vicinity of this site are called for in the Southern Frederick Land Use Plan. These include a new interchange of Route 37 at Shady Elm Road, Shady Elm Road upgraded to a, major collector road, and a new east /west collector road connecting Shady Elm Road to Route 11. The County's Eastern Road Plan further defines these road plans. Shady Elm Road is to be improved to an urban four -lane divided section. This applicant will need to address any right -of- -way needed for this road and also address any additional paving needed along their frontage. The new east /west collector road is planned to be an urban four -lane divided section. The applicant is encouraged to work with the owners of the 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 0 . Page 2 Mr. Patrick Sowers RE: Proposed Rezoning of Shady Elm Property March 23, 2007 Renaissance Commercial Center, who will be constructing a section of the collector road east of the CSX railroad line, and work with the CSX to plan for the connection of the new road as it meets their property on the eastern border. The applicant should address any right -of -way and road paving associated with this road as it traverses their property. 3. Comprehensive Policy Plan. The Comprehensive Policy Plan calls for Level of Service Category C or better to be maintained on roads adjacent to and within new developments in the County. This application does not provide that expected Level of Service. See TIA comments below. 4. Comprehensive Policy Plan. The Comprehensive Policy Plan recommends a number of design features for properties along business corridors. These include landscaping, screening and controlling the size and number of signs. These design elements should all be addressed in this application. 5. Impact Analysis Statement — Proposed Uses. The application states the rezoning is for 327,000 square feet of office and 327,000 square feet of warehouse space. Unless a specific use and/or floorspace are proffered, the County will assume the maximum possible development as per the County's rezoning application (18,848 square feet of retail use per acre in the B3 District). The applicant will need to base all analysis, including the TIA, on these numbers unless the proffers ensure a lesser scale of development. 6. Traffic Impact Analysis. The proposed development trip generation in the TIA was based on office and light industrial floorspace. See comment #5 above on basing the TIA on the worst case scenario as called for in the rezoning application. Also, light industrial use is not allowed in the B3 District. While the County is supportive of iustrial uses in t_.is .rYcatinn, a TJA .Ara B3 rezoning should not be based on light industrial use, which is not allowed in the 133 District. Since the application lists the proposed uses as office and warehouse, the TIA should reflect these uses. 7. Traffic Impact Analysis. As stated previously, the Comprehensive Policy Plan calls for Level of Service C or better. While this application would not be the sole cause of the poor levels of service, rezoning should not exacerbate existing or projected failing situations. The TIA lists three intersections where improvements are needed: A. Route 11 /Springdale Road: Traffic signalization is required at this intersection. The application does not address this issue. Page 3 • Mr. Patrick Sowers RE: Proposed Rezoning of Shady Elm Property March 23, 2007 B. Route 11 /Apple Valley Road: Additional northbound and southbound thru lanes are required. The application does not address this issue. C. Renaissance Driveway /Route 11: Traffic signalization and additional lanes are required at this intersection. A new traffic signal at the intersection of Route 11 and the new east /west collector road may be provided by the owners of the Renaissance Commercial Center. Liaise with this property owner on the proposed lane configuration and the t :ming of the traffic signal. The County's Eastern Road Plan does not call for improvements to Springdale Road. Therefore, the applicant should direct their efforts to solving transportation problems at the intersection of Route 11 and Springdale Road and, most importantly, to upgrading Shady Elm Road and providing a new collector road on their property. 8. Proffer Statement 2.1. As stated above, the applicant should be addressing not • only right -of -way along Shady Elm Road, but should also be addressing the road improvements called for along their frontage. 9. Proffer Statement 2.2. The Eastern Road Plan calls for the new collector road to be an urban four -lane divided section. The applicant should be addressing half of this road section (with the adjacent property owner to eventually provide the other two lanes) along the entire southern property boundary. The 800 linear feet proposed only covers half of the boundary line. 10. Proffer Statement 2.2. For good access management, access to the site should be limited to on— access point on Shady Elm Road and np to two access points on the new collector road. The applicant is encouraged to consider limiting access to the site to these three points. 11. Proffer Statement 2.3. Staff assumes this would be a state road built to state standards. 12. Proffer Statement 2.4. Given that the land directly across Shady Elm Road is subdivided for future residential purposes, it would be beneficial to also include street trees along the frontage of Shady Elm Road. 11 0 0 Page 4 Mr. Patrick Sowers RE: Proposed Rezoning of Shady Elm Property March 23, 2007 13. Other. Include a copy of the recorded deed and a survey or plat of the parcel. Please use the correct acreage of the site throughout the application. (Both 60 acres and 58.74 acres are used in this application.) l 14. Adjoiners. The list of adjoining property owners was not included with this preliminary application. A complete list must be included with the'rezoning. 15. Agency Comments. Please provide appropriate agency comments from the fol!owing agencies: Historic Resources Advisory Board. Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick - Winchester Health Department, Stephens City Fire and Rescue Company, the Frederick - Winchester Service Authority and the Frederick County Attorney. 16. Fees. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre, and a $50.00 public hearing sign fee. This is based on fees as of January 27, 2005. Fees may change. • 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, X a&j Susan K. Eddy, A1CP Senior Planner SKE/bad cc: Venture I of Winchester, LLC, 827 Armistead Street, Winchester, VA 22601 • Ronald A. Mislowsky From: Ingram, Lloyd [Lloyd.ingram @VDOT Virginia.gov] Sent: Friday, October 12, 2007 3:29 PM To: Ronald A. Mislowsky Cc: Copp, Jerry; Mike Ruddy; Eric Lawrence Subject: Artillery Rezoning Comments Ron, The documentation within the application to rezone this property appears to have significant measurable impact on Route 651, 652 and 11. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT has reviewed several submissions of proposed transportation proffers offered to mitigate the development's potential trip generation. While not satisfied that the transportation proffers offered in the Artillery Business Center Rezoning Application dated December 26, 2006, revised October 9, 2007, it appears that through a combination of previous proposed proffers, as well as the current proffer by the applicant the transportation concerns associated with this request can be adequately addressed. 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 VDOT - Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984 -5611 (540) 984 -5607 (fax) Patrick R. Sowers From: Funkhouser, Rhonda [ Rhonda .Funkhouser @VDOT.Virginia.gov] on behalf of Ingram, Lloyd [ Lloyd.ingram @VDOT.Virginia.gov] Sent: Tuesday, May 22, 2007 3:00 PM To: Patrick Sowers Cc: Ronald A. Mislowsky; Eric Lawrence; Ingram, Lloyd Subject: Shady Elm Property Rezoning Application (dated 12/26106, revised 04/24/07, revised by email 04/25/07) - Route 651, Frederick County The documentation within the application to rezone this property appears to have significant measurable impact on Routes 651, 652 and 11. These route are the VDOT roadways which have been considered as the access to the property referenced. VDOT has reviewed the proffers offered in PHR &A's email dated April 25, 2007 from Patrick Sowers. The applicant is proposing building a two -lane road from Route 651 east to the railroad tracks. This -road has been designated as part of Frederick County's Eastern Road Plan. VDOT acknowledges this substantial investment towards completing this connection to Route 11. However, it should be noted that no additional funding was offered to finance the needed railroad crossing. Tf Frederick County is satisfied with just the roadway construction, VDOT will not oppose the rezoning. 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 IRGPNIN Frederick County Fire and Rescue Department Off t f th M Rill ;q h • ce o e ire ar a Plan Review and Comments Control number RZ07 -0004 Project Name Shady Elm Property Address 117 E. Piccadilly St. Type Application Rezoning Current Zoning RA Automatic Sprinkler System Yes Other recommendation Date received Date reviewed Date Revised 3/12/2007 3/13/2007 Applicant Patton Harris Rust 8 Associates City State Zip Applicant Phone Winchester VA 22601 540-667 -2139 Tax ID Number Fire District Rescue District 75 -A -1 11 11 Recommendations Automatic Fire Alarm System Yes Requirements Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Hydrant Location Not Identified Roadway /Aisleway Width Not Identified Election District Back Creek Residential Sprinkler System No Fire Lane Required No Special Hazards No Plan Approval Recommended Reviewed By Signature ® Yes J. Neal — Title 'x _._� COUNTY of FREDERICK Department of Public Works 540/665 -5643 FAX: 540/678 -0682 March 14, 2007 Mr, Patrick Sowers Patton Harris, Rust, and Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Shady Elm Rezoning Frederick County, Virginia Dear Patrick: We have completed our review of the Shady Elm rezoning application and offer the following comments: 1. Refer to page 2 of 4, Transportation: The discussion of Scenario A indicates that 60 • percent of the trips would utilize Apple Valley Road and 40 percent would use Springdale Road. It appears that the existing traffic distribution is approximately 80:20. Considering the current condition of Springdale Road_ we conclude that the 80:20 distribution is more realistic than the 60:40 distribution. 2. . Refer to page 3 of 4, Environmental Features: a. The narrative indicates that the property does not contain any wetlands. However, a review of available aerial photographs indicates the existence of a pond on the property. A wetland study needs to be performed to verify that this pond does not represent a wetland. b. The discussion of drainage needs to address stormwater management and the potential impact on a karst environment. C. The discussion of soils needs to be expanded to include a review of the karst geology and the potential for sink hole development. This condition is particularly relevant along the eastern property boundary. Refer to page 4 of 4, Solid Waste Disposal Facilities: Indicate if the solid waste projection is presented as pounds per day or pounds per year. • 107 North Kent Street • Winchester, Virginia 22601 -5000 Shady Elm Rezoning March 14, 2007 Page 2 4. Refer to the proffer statement, Site Development Item 2.2: The dedicated right of ways should be sized to accommodate sufficient turning radii at the intersection with Shady Elm Road. The discussion indicates that "entrances to the said roadway will be located at a minimum of 400 feet apart". This statement raises the question "apart from what ?" I can be reached at 722 -8214 if you should have any questions regarding the above comments. Sincerely, �OAM �. Harvey E.(Strawsnyder, Jr., P.E. Director of Public Works HES /mlr cc: Mark Cheran, Zoning and Subdivision Administrator file • C: \Program Files \WordPerfect Office X3\ Rhonda\ TEM1IPCOSIAIEN '1'S \SHADYELNIREZCOM.wpd ti Rezoning Comments Shady Elm Frederick County Department of Inspections Mail to: Frederick Co. Dept. of Inspections Attn: Director of Inspections 107 North Kent Street Winchester, VA 22601 (540) 665 -5650 Appl�cant� Please filly outs', tl�etiznform�tiony�as�accurately £arpos�ble��,n�� order ;o�ias�st��hej. Departnen�t�ofPublicfWorks =wrth�the +�rAtta h�atcopy, �ofsyour, appl�a�t�ron�for +m;llocatton ?. �ma proffer statemeotwimpactaanalysis; and' �anyaotherr�perhnentlmformat�on ' -' r ,;� Y� Hand deliver to: Frederick Co. Dept. of Inspections Attn: Director of Inspections Co. Administration Bldg., 4` Floor 107 North Kent Street Winchester, VA 22601 Applicant's Narne: Mailing Address: Location of Property: Patton Harris Rust & Associates c/o Patrick Sowers 117E Piccadilly Street, Suite 200 Winchester, VA 22601 MAR 12 2 The Property is located East and adjacent to Shady Elm Road approximately 1,500 feet S Eta E KCOUO WOUC WORK & IMMU110115 Current Zoning: RA Zoning Requested: B3 Acreage: 60.0 Department of Inspections Comments: I� ryeb� �.. 7 �rrvvr G'✓' -P�l Cl5 �_ rl� /' {� /'•U e /Yef/VG: ,O 0.. �: oc U't.S Inspections Signature & Date: - 7 Notice to Dept. of ections - Please Return This F tot a Applicant Phone: (540) 667.2139 10 u 0 Rezoning Comments Shady Elm Frederick County Sanitation Authority it 11 9 c R 0 U N. Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868 -1061 I • 0 Hand deliver to: it VAR Frederick Co. Sanitation Autho u Attn: Engineer !00 315 Tasker Road FCSA Stephens City, VA S Applicant's Name: Patton Harris Rust & Associates Phone: 540 667.2139 c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The Property is located East and adjacent to Shady Elm Road approximately 1.500 feet South of Current Zoning: RA Zoning Requested: B3 Acreage: 60.0 Sanitation Authority Comments: %F f r, 0, - X1 1TY 3EWA AQ0 V/JF 5� "ACR 1 1yA ?f/2 S,ER V/ cF 7o 71113' 514 _141W Sanitation Authority Signature & Date: Notice to Sanitation Authority — Please Return This Form to the Applicant 14 • • 0 0 1 RezoninH Comments Shady Elm Frederick- Winchester Service Authority Mail to: Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722 -3579 Aopc n Please fillt�the>o m c u atelysposs blein order oa 9tX Department ofhPubhc Works�withYtheir revi Attach�,aa+` opy "�oY4your�iapphcatron r�n�y�lo� ton "3map;yproffer� tatement;;impact a alysis��add +any otheryper�t ne�nt�mformat�ron,� ,��b�'� r Y t ;'` '' s a�� '^ � � ,: T� ° � "' at �w :,Y Y . �L^:: Saaaiv. �uS.' ��"' �r _i��,.�.- .�si�.MSy =�`�' '{ Hand deliver to: Fred -Wine Service Authority'. ` MAR 12 2007 Attn: Jesse W. Moffett 107 North Kent Street _ ' -- '— "' - - - -- Winchester, VA 22601 _ Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667.2139 c/o Patrick Sowers Mailing Address: 117E Piccadilly Street, Suite 200 Winchester VA 22601 Location of Property: The Property is located East and adiacent to Shady Elm Road approximately 1,500 feet South of Current Zoning: RA Zoning Requested: B3 Acreage: 60.0 Fred - Winchester Service Authority's Comments: FWSA Signature & Date: Notice to Fred -Wine Service Authority — Please Return This Form to the Applicant iE3 Rezoning Comments Shady Elm Frederick — Winchester Health Department Mail to: Frederick- Winchester Health Dept, Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722 -3480 Applicant's Name: Mailing Address Location of Property: Hand deliver to: Frederick - Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722 -3480 Patton Harris Rust & Associates c/o Patrick Sowers 117E Piccadilly Street, Suite 200 Winchester VA 22601 2MI tJ BY.. ��-------- - - - - -- Phone: (540) 667.2139 The Property is located East and adjacent to Shady Elm Road approximately 1 feet South of Route 37. Current Zoning: RA Zoning Requested: B3 Acreage: 6 0. 0 i Frederick — Winchester Health Department's Comments: j u t GS CS /�G� wCl� S a /<�C4f'c A C4 L 4 � It•� I'Tt .� -. � /LF Gi'fk. C.-.� — Health Signature & Date: Notice to Health Department — Please Return This Form to the Applicant 15 Rezoning Comments Shady Elm E Frederick County Department of Parks & Recreation Mail to: Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, VA 22601 (540) 665 -5678 0 Hand deliver to: Frederick County Department of Parks & Recreation Co. Administration Bldg., 2 nd Floor 107 North Kent Street Winchester, VA 22601 Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667.2139 c/o Patrick Sowers Mailing Address: 117 E. Piccadillv Street Suite 200 Winchester, VA 22601 Location of Property: The Property is located East and adjacent to Shady Elm Road approximately 1.500 fe South of Current Zoning: RA Zoning Requested: B3 Acreage: 60.0 I i Dept. of Parks & Recreation Comments: 1 l L Parks Signature & Date: Notice to Dept. o arks & Recreation — Please Return Tbidorn& the Applicant U a 12 Ll COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 May 16, 2007 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly Street Winchester. VA 22601 RE: Shady Elm Property Rezoning; Property Identification Number (PIN): 75 -A -1 Current Zoning District: RA (Rural Areas); Proposed Zoning District: B3 (Industrial Transition) Dear Mr. Sowers: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of May 15, 2007. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Study of Civil War Sites in the Shenandoah Valley Historic Resources Advisory Board Concerns The subject parcel is the site of the Route 651 House (DHR #34- 1042), dating from circa 1880- 1910 and representing a typical example of a vernacular I- House. This projectl also adjoins the Henry Carbaugh property (DHR 434- 1040). The Henry Carbaugh House represents a typical vernacular Queen Anne -style dwelling constructed in the early twentieth century and still retains many elements of its original construction, as noted in Frederick County. Virginia: 111tiiVry T1110uph A, C . AILliougii 11G_[ lel Of thuJe two Stfuctures is ii$Ic" as Potciitially . significant by the Rural Landmarks Survey mitigation of the impacts to these structures should be considered. In addition, a small portion of the property is located in the study area of the 1 sb Kernstown Battlefield. Although not located in the core area of the battlefield, attention should be given to the potential archeological significance of this property in the battle for Kernstown. The application states that the applicant proposes to construct no more than 327,000 square feet of office space and no more than 327,000 square feet of warehouse space. The HRAB feels that this proposed development can address several issues prior to the of this property. If the property is developed'for commercial use, the HRAB suggests the following be considered to mitigate impacts on historic resources: 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 Mr. Patrick Sowers Re: Shady Elm Rezoning Proposal May 16, 2007 Page 2 Archeological Survey and Documentation: The HRAB felt that there is a need to document the historic and archeological significance of this property based upon the proximity to the I" Kernstown Battlefield area and the location of the historic structure on the property. The HRAB suggested documenting the house and any out - buildings for their historical significance including identifying past owners /occupants, building materials, architectural features, photographs of both the interior and exterior, etc. The HRAB also suggested a phase one archeological survey would be appropriate to determine the presence of any battlefield artifacts on the property. Thank you for your presentation to the HRAB and for the opportunity to comment on this rezoning proposal. Please feel free to contact me with any questions concerning these comments from the FIRAB. Since I . Lauren E. Krempa Planning Technician LEK/bad cc: Rhoda Kriz, HRAB Chairman Barbara Van Osten, Back Creek District Supervisor Susan K. Eddy, Principal Planner 0 0 Rezoning Comments Shady Elm Winchester Regional Airport Mail to: Hand deliver to: Winchester Regional Airport Winchester Regional Airport Attn: Executive Director Attn: Executive Director 491 Airport Road 491 Airport Road Winchester, VA 22602 Winchester, VA (540) 662 -2422 ., _�:.. Ta -*ar -- .f - S, i.C.. — 't;....:: s-xc.•.2 ._- - ^ ..,'r.'- r- ..e^�r. rSl�Ls�� A"'ica t Ple_ "se fill�out`.the mfo at�on5as ;a�curatelyia possible m ordento�assrst he Wmch ster aRegonal Airport with ,theirrreview� Attac a1 copy of yours applicationk,form locatronl map pro rfe`rstatement t�mpact analy��s, and4anytot6aachne>i`nformatr_on ro. #'* ♦;. s _, ,r rr '� r ' "� ' � a+ ri *fii i � Tea, i� c� .. n ��^"`�i C tea, ; Applicant's Name: Patton Harris Rust & Associates c/o Patrick Sowers Mailing Address: 117E Piccadilly Street, Suite 200 Winchester VA 22601 0 0 Location of Property: Current Zoning: RA Zoning Requested: B3 Phone: (540) 667.2139 Acreage: 60.0, Winchester Regional Airport's Comments o p Ci C 1 L\,LcL Winchester Regional Airport Signature & Date: �Rmo fM k a Notice to Winchester Regional Airport — Please Return This Form to the Applicant 16 E WINCHESTER REGIONAL AIRPORT 7,0s" 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 -2422 March 13, 2007 Patton Harris & Rust Associates Patrick Sowers 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comments Shady E!m Property Back Creek Magisterial District Winchester, Virginia Dear Mr. Sowers: We have reviewed the referenced rezoning proposal. Allowed uses under this rezoning should not impact airside operations of the Winchester Regional Airport therefore we have no further comment regarding this rezoning request. Thank you for providing us the opportunity to review these plans and for supporting the Winchester Regional Airport. Sincerely, �Rry Serena R. Manuel Executive Director • 0 Coordinator of Construction and Facilities Use Mr. Patrick Sowers March 27, 2007 r1 U Patton, Harris, Rust & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Dear Mr. Sowers: RE: Rezoning comments for Shady Elm Property sWa ea�� q � Frederick County Public Schools Visit us at www.frederick.02.va.us e -mail: kapocsis@frederick.k12.va.us This letter is in response to your request for comments concerning the zoning application for the proposed Shady Elm 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, W Stephen Kapocst cst Coordinator of Construction and Facilities Use u SMK/dkr cc: Patricia Taylor, Superintendent of Schools Al Omdorff, Assistant Superintendent for Administration Charles Puglisi, Director of Transportation 540- 662 -3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604 -2546 FAX 540- 662 -3890 0 0 COUNTY of FREDERICK I Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 May 30, 2007 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Proposed Rezoning of the Shady Elm Property Dear Patrick: Attached you will find review comments from the County Attorney's office concerning the proposed proffer statement for the rezoning of the Shady Elm Property. t Please do not hesitate to contact me should you have any questions or concerns. Sincerely, t Susan K. Eddy, AICP Principal Planner SKE /bad Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL STEVEN F. JACKSON May 29, 2007 DENNIS J. MCLOUGHLIN, JR, •l Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 MI ;y 3 0 2001 PLEASE REPLY TO: P. O. Box 848 WINCHESTER, VIRGINIA 22604-0848 Re: Shady Elm Property (Venture I of Winchester, LLC) Proffer Statement Dear Susan: I have reviewed the above - referenced Proffer Statement, with the revised date of February 6, 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 Proffer 2.2, at the end of the second sentence I would recommend that the following words be added "..., in the location shown on the Generalized Development Plan." 2. In Proffer 2.3, it is not clear who makes the determination that an internal access road is "necessary." That should be clarified. 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. A PARTNERSHIP OF PROFE5510NAL CORPORATONS ATTORNEYS AT LAW WILBUR C. HALL (1892 6 301 EAST MARKET STREET 9 EAST BOSCAWEN STREET THOMAS V. MGNAHAN (1924-1999) LEESBORG, VIRGINIA WINCHESTER, VIRGINIA SAMUEL D. ENGLE O, LELAND MAHAN TELEPHONE 903 -777 -1050 TELEPHONE 540 -662 -3200 ROBERT T. MITCHELL, JR. FAX fi4O 652 -4304 JAMES A. KLENKAR F-MAIL Iawyem@h Imoneh RA. STEVEN F. JACKSON May 29, 2007 DENNIS J. MCLOUGHLIN, JR, •l Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 MI ;y 3 0 2001 PLEASE REPLY TO: P. O. Box 848 WINCHESTER, VIRGINIA 22604-0848 Re: Shady Elm Property (Venture I of Winchester, LLC) Proffer Statement Dear Susan: I have reviewed the above - referenced Proffer Statement, with the revised date of February 6, 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 Proffer 2.2, at the end of the second sentence I would recommend that the following words be added "..., in the location shown on the Generalized Development Plan." 2. In Proffer 2.3, it is not clear who makes the determination that an internal access road is "necessary." That should be clarified. 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. 0 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy May 29, 2007 Page 2 If there are any questions concerning the foregoing comments, please contact me. Very truly yours, Robert T. Mitchell, Jr. I RTM /ks