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Home My WebLink About09-07 Comments & CorrespondenceHALL, MONAHAN, ENGLE, MAHAN & MITCHELL MAY 3 0 2001 Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 Re: Clearbrook Property (Vahidi) Proffer Statement Dear Susan: PLEASE REPLY TO P. O. BOX 648 WINCHESTER. VIRGINIA 22604-0848 I have reviewed the above - referenced Proffer Statement. It is my opinion that the Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. 1 would suggest, for uniformity and easy- reference purposes, that the details of the zoning, owners, property, etc. be summarized at the beginning as set forth on the attached format. This format has been used in all recent proffer statements. 2. The first sentence under "Preliminary Matters" ends with a period after the word "District ". That is not the end of a sentence, and a comma should go after the word "District" with the sentence continuing with the word "development ". 3. The proffer request involves a single parcel of 14.53 acres, a portion of which his sought to be rezoned B -2, and a portion which is sought to be rezoned B -3. However, the Proffer Statement does not include a Generalized Development A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892 -1972) THOMAS V. MONAHAN (1924 -1999) E 301 EAST MARKET STREET 9 EAST 505CAWEN STREET SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA O. LELAND MAHAN TELE ?HONE 70J777 1050 TELEPHONE 540- 662 -320D ROBERT T. MITCHELL, JR. FAX 5406624304 JAMES A. KLENKAR E -MAIL IaW,WE@haIImonahaa.com STEVEN F. JACKSON (� May 29, 2007 DENNIS J. MCLOUGHLIN, JR. J Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 Re: Clearbrook Property (Vahidi) Proffer Statement Dear Susan: PLEASE REPLY TO P. O. BOX 648 WINCHESTER. VIRGINIA 22604-0848 I have reviewed the above - referenced Proffer Statement. It is my opinion that the Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. 1 would suggest, for uniformity and easy- reference purposes, that the details of the zoning, owners, property, etc. be summarized at the beginning as set forth on the attached format. This format has been used in all recent proffer statements. 2. The first sentence under "Preliminary Matters" ends with a period after the word "District ". That is not the end of a sentence, and a comma should go after the word "District" with the sentence continuing with the word "development ". 3. The proffer request involves a single parcel of 14.53 acres, a portion of which his sought to be rezoned B -2, and a portion which is sought to be rezoned B -3. However, the Proffer Statement does not include a Generalized Development HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy May 29, 2007 Page 2 Plan, and there was no other information submitted with the materials which I had to indicate where the boundary line is to be drawn between the proposed B -2 and B -3 zoning districts. 4. In Proffer l (a)(i), I would recommend that the words "provided by" be changed to words "limited to ". 5. In Proffer I(b)(i), further clarification should be given with respect to the "12' lane ", as to whether it is a travel lane, turn lane, etc., and to set forth that it will be constructed to VDOT standards. 6. In Proffer 1(c)(i), the word "designate" is vague or inappropriate. This should be clarified. I would recommend consideration to replacing the word "designate" with the words "design and construct ". In addition, the proffer should provide that the inter - parcel connection be designed and constructed prior to the first occupancy permit issued for the property. 7. In the last sentence of Proffer I (d)(ii), it should be stated that the proffer of an additional $2,500 is to the County. Also, it is not clear what the word "prorated" means with respect to this $2,500 lump sum proffer. Also, the timing of when this proffer amount will be paid should be set forth. 8. In Proffer 1(e)(i), 1 would recommend that the last sentence be reworded to state as follows: "This will be started when requested by Frederick County, and, in any event, will be completed before the approval of the first site plan on the property." 9. 1 would recommend that Proffer 1(f)(i) be reworded to state as follows: "The applicant hereby proffers to dedicate to the Commonwealth of Virginia a strip of land ten feet in width along the frontage of the site on Route 11 prior to the approval of the first site plan on the property." HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy May 29, 2007 Page 3 10. In Proffer I (f)(ii), I would recommend that the words "to dedicate" be inserted after the word "proffers" in the first sentence. In addition, this proffer should set forth the time by which the easement will be dedicated. 11. In Proffer 2(a), I would recommend that the words "for Fire and Rescue purposes" be inserted in place of the words "to be disbursed to the Frederick County Fire and Rescue Department ". 12. In Proffer 4(a), the limitation of not more than 12 fuel pumps "per business" is not clear. I assume this is meant to limit the number of fuel pumps per service station, and not to permit a service station to have the number of fuel pumps equal to 12 times the number of businesses on the property. In any event, it would appear that this portion of the proffer is covered by Proffer 6. 13. The staff should review Proffer 4 to determine whether all uses which should be prohibited on the site are listed in this proffer. 14. In Proffer 6(a), I would recommend adding the words "on the property" be added after the word "business ". 15. The Proffer is prepared to be signed by "MV Winchester, LLC" (which I assume is the developer). However, the current owner of the property is "Mohebatullah Vahidi ", and the Proffer Statement should be signed by him as the owner of 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. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy May 29, 2007 Page 4 If there are any questions concerning the foregoing comments, please contact me. Very truly yours, Robert T. Mitchell, Jr. RTM /ks Enclosure PROPOSED PROFFER STATEMENT REZONING: RZ. # PROPERTY: acres Tax Map Parcel W ei me] � APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): 1-e FILE -� COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 ;;;a FAX: 540/665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: October 6, 2009 The amount of $50.00 was deposited in line item #3- 010 - 019110 -0008. Mr. Vahidi had a deposit for one sign for Rezoning 909 -07 for Clearbrook Property. Mr. Vahidi has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Mo Vahidi 794 Center St Herndon, VA 20170 RSA/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 /AA :REDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 -0225 SIGN DEPOSITS PLANNING PLANNING Date . vV 7/25/2007 Register: JKH /LK Trans. #: 40217 Dept # 1095 Acct# Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Pd by PLANNING Check 9048.60 # VARIOUS BALANCE DUE INCLUDES PENALTY /INTEREST THRU THE MONTH 7/2007 0 R fs < k" s�S is '} . > 5 § iJ w g {n�5w re s ��` a A�CE�VEP F�M x�� { �IaI� ��,.' >� �`�s ��°�"�� s"��'� • w `' ` ��.�1.� o-��f+'�'.,. �''�"".§s- �'+«'� _ 4,481.00 of m t*'3ts 3 kTrc,M 5 y ORfl�M �' 'a, W S �1., b. N a� �C i %r,�r� J�yr aua.,�sa qic `L8d$9a g G ''S O&M. 25it'^!? 3i? A'.3v e€R' I'+Ea£.dL ". s a.{L''`"awm"1."" 1 + "` t "" . ��. o c, f 3 .. � � � I Kf, ;ne • � � F. , - `�a�s'��5`� f- �'_� '" � - �.P^' ACCOUNT CASH i i j �1�At1Jt n4R t ,ex34 -A43sY 4 NR�► .AMT PAID CHECK f� 7F� {!'R 4r`yJ?.t•,t,��,. g. BAIANCE MONEY „F � �v p DUE ORDER � b DETACH AND RETAIN THIS! TATEMENT 4 481.00 n., THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE 0 { f '♦ IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED. _ .. -.. - 0 0 SmartZone Communications Center Collaboration Suite germanengplc @comcast.net Clearbrook Property - VDOT Comments to Revised Friday, July 31, 2009 Proffers dated 7/14/09 2:59:31 PM From: Lloyd.ingram @VDOT.virginia.gov To: germanengplc @comcast.net; germaneng @comcast.net Cc: Gregory.Hoffman @VDOT.Virginia.gov; Lloyd.ingram @VDOT.virginia.gov; jbishop @co.frederick.va.us; mruddy @co.frederick.va.us Sender: Rhonda .Funkhouser@VDOT.Virginia.gov VDOT is satisfied that the transportation proffers offered in the Qearbrook Property Revised Proffers dated July 14, 2009 address transportation concerns associated with this request. 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 Eugiueer Virginia Deparhnent of Transportatiou Edinburg Residency - Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984 -5611 Fax #(540) 984 -5607 http:// sz0160. wc.mail.comcast.net/zimbra/mail 9/23/2009 HAY 8 20 5795 AMERICAN MEDICAL EQU. SER. 7� CENTFES ST. HESHOON. VA nl-,O DATi� , 5, 6 PAY TO �E ORDM $ DOLLARS 6 7 LOMMUNfiV BANK FCRJZ 11100 S 7 9 5u 1:056004 7 201:0 30 20 3 3 3 00' GERAPAN ENGINEERRA, PLC P.O. BOX 4205 WINCHESTER, VA 22604 540- 664 -1971 May 5, 2008 Mr. Richard Shickle, Chairman, Frederick County Board of Supervisors C/o Department of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, VA 22601 Re: Clearbrook Property Rezoning Dear Mr. Shickle, Per discussions with my client I hereby request to postpone the public hearing scheduled for May 14, 2008 for the Clearbrook Property. We are requesting this postponement in order to be able to analyze the transportation impacts associated with the project utilizing the new County Fiscal Impact Model that is scheduled for adoption later this month. At such time as the County adopts the fiscal impact model, and the model run on this proposal, we would request to be scheduled for a public hearing. Please feel free to call should you have any questions or need any additional information. Sincerely, Ge E ineering, PLC Claus Bader, P.E. GERMAN ENGINEERING PLC P.O. BOX 4205 WINCHESTER, VA 22604 540 -664 -1971 To: Mike Ruddy CC: Mo Vahidi From: Claus Bader Date: 3/7/2008 Re: Clearbrook property Mike, Here are the revised proffers for the Clearbrook rezoning. We changed them to reflect Roger Thomas' comments at the Planning Commission, eliminated gas stations as an allowed use and added language to provide water and sewer easements to the properties to the north in an effort to give these residents some of what they requested in a meeting on February 19"'. We are unable to provide the residents with everything they asked for such as rezoning their property to B -2 free of charge. Thanks, Claus MAR 7 2008 I 19 07 12:09p • GERMAN ENGINEERING, PLC 102 WIIIIJ > ])x2IVk, WIN('HESTER, VA 22602 540 -664 -1971 September 19, 2007 Mr. Michael Ruddy' Department of Planning and Development Frederick County, Virginia I,' SEP 1 9 2007 107 North Kent Street Winchester, VA 22601 L_ - Re: Clearbrook Property Rezoning Dear Mike, Per our discussion yesterday 1 hereby request to postpone the public hearing scheduled for September 19, 2007 for the Clearbrook Property in order to allow time for further refinement and review of the proffer statement. We are requesting a 45 day postponement by this letter. Please feel tF )pe to call should you have any questions or need any additional information. PLC p.,l , P.E. 0 0 McKee & Butler, P.L.C. 112 South Cameron Street P. 0. Drawer 2097 Winchester, Virginia 22604 -1297 (540) 662 -3486 Facsimile (540) 722.3787 E -Mail: bmblawl(acomcast.net Peter K. McKee (1934.1967) Benjamin M. Butler Stephen G. Butler Edwin B. Yost September 2, 2009 Michael T. Ruddy, AICP Deputy Planning Director Frederick County Planning Staff 107 North Kent Street Winchester, Virginia 22601 RE: Rezoning Application 09 -07 Property of Mohebatullah Vahidi Rezoning Sought: RA District to B -2 District Property Area: 14.53 acres Tax Parcel 33 -(A) -125 My Fite No. 12648 COMPARISON OF PROFFERS SUBMITTED TO FREDERICK COUNTY PLANNING COMMISSION ON APRIL 2, 2008 AS COMPARED TO PROFFERS SUBMITTED ON SEPTEMBER 23, 2009 TO FREDERICK COUNTY BOARD OF SUPERVISORS Dear Mr. Ruddy: This letter is submitted in connection with the proffer statement which has been revised several times by the Applicant since the hearing which took place on April 2, 2008 in front of the Frederick Planning Commission. While certain matters have been moved in the format of the letter, the purpose of this letter is to highlight those changes which have taken place which are considered significant by the Applicant as impacting the rezoning application. Section 1.0 has remained unchanged. 2. Section 2.0 has changed in that the permitted uses which have been proffered out of the property have been tied to specific SIC numbers. The former Proffer Statement included Michael T. Ruddy, AICP Deputy Planning Director, Frederick County 0 September 2, 2009 Page 2 the exclusion of truck stops, mobile home dealers, gasoline service stations, motion picture theaters, golf driving ranges and miniature golf courses; in the place and stead of these items were added the any use classified in SIC 55 and Adult Retail Sales. 3. Section 3.0 Transportation Mitigation: The substantial change at 3.1 occurred in that the Applicant commits to make the commercial entrance at Route 11 to be in conformity with the proffer made by R &J Land, Frederick County Rezoning No. 01 -06, Clear Brook Business Center which was adopted by reference. 4. Section 3.2 had no changes. 5. Section 3.3 was substantially changed in that the former proffer provided for $250,000.00 for "improvements in the Route 11 North Corridor" and the funds were to be used by the Board in its discretion for transportation improvements. In the new proffer, the Applicant agrees to contribute $125,000.00 to use for improvements to the Route 11 North Corridor and its intersections with secondary roads and is payable on the issuance of the first building permit for the first new building on the property. The Applicant also agrees to contribute an additional $125,000.00 for the design of the roads and traffic signals in the immediate vicinity within the Route 11 North Corridor and the $125,000.00 for this proffer is to be payable at the issuance of the first occupancy permit for the first new building on the property. 6. A new 3.4 Inter - Parcel Connection was provided in the new proffers which was absent from the old proffers. The 50 -foot reserve strip along the west boundary of the property as provided in the old 3.4.3 was changed to provide that the dedication of the 50 -foot reserve would occur within 90 days of the request by the County for such dedication and that the inter - parcel connector would not be included within the bounds of the 50 -foot reserve strip. 7. The right of way dedication along the Route 11 frontage provided in the former 3.4 buffer remains unchanged and appears in 3.5 of the new proffers. 8. Section 4.0 includes the new buffer requirement language which provides that it is to comply with the Frederick County Code Section 165- 37(B)(2), 165- 37(D)(3) and 165 - 37(D)(1)(b). Further the time of the completion of the buffers shall be the first issuance permit for any improvements on the property. 9. Section 5.0 includes the site development requirements and corridor enhancements to be completed prior to the occupancy permit, it now includes that metal siding will not be allowed within the business park on sides facing Martinsburg Pike (U.S. Route 11) and Route I -81. 10. Section 6.0 Water and Sewer Access to Adjoining Property: This substantially changed in that the Applicant now agrees to not only dedicate the rights of way for public water and sewer to the adjoining properties, but also agrees to construct the public water and sewer lines to the adjoining properties and to pay the required charges by the Frederick County E Michael T. Ruddy, AICP Deputy Planning Director, Frederick County September 2, 2009 Page 3 Sanitation Authority for -each of the adjoining properties having septic systems on the Applicant's land. Applicant has agreed to pay for residential property hook up fees for each of the adjoining property owners thereby freeing the land sought to be rezoned from the private septic easements. The connections to public water and sewer will be made prior to the issuance of the first certificate of occupancy for the first new building constructed on the property. 11. Section 8.0 has been added to the new proffers making it clear that the proffers bind the successors and assigns of the Applicant. I believe that the above reflects the summary of the changes from the proffers which were submitted and considered by the Planning Commission in reaching its decision on April 2, 2008 and the new proffers requested by the Frederick County Board of Supervisors under revised date of August 31, 2009. Please provide a copy of this letter to the Frederick County Board of Supervisors to consider with the proffers now presented to that governing body in comiection with the zoning application to be heard on September 23, 2009. BMB:jds Very truly yours, NJ�KE & BUT f n, in er P cc: Claus Bader (via e-mail) • • GERMAN ENGINEERING PLC P.O. BOX 4205 WINCHESTER, VA 22604 540- 664 -1971 To: Mike Ruddy CC: Mo Vahidi From: Claus Bader Date: 8/31/2009 Re: Clearbrook property Mike, Here are the revised proffers for the Clearbrook rezoning. Thanks, Claus i' AUG 3 1 2009 r 1 0 0 Mike Ruddy From: Mike Ruddy [mruddy @co.frederick.va.us] Sent: Wednesday, June 10, 2009 11:04 AM To: 'Ben Butler' Subject: RE: Vahidi Proffer Statement Great. Let's go for June 15 @ 10:00 a.m. Should just take a few minutes. Mike. From: Ben Butler [mailto:bmblawl @comcast.net] Sent: Wednesday, June 10, 2009 11:07 AM To: 'Mike Ruddy' Cc: Claus Bader Subject: RE: Vahidi Proffer Statement Mike: I could be available .Tune 1 I ` any time except 1:00 to 2:00; June 12' prior to 11:00 a.m.; and June 15 °i prior to 11:00 a.m. Ben Benjamin M. Butler, Esquire McKee & Butler. PLC 112 South Cameron Street Winchester, VA 22601 Phone: (540) 662 -3486 Fax: (540) 722 -3787 E -Mail: bmblawl(com cast. net From: Mike Ruddy [mailto :mruddy @co.frederick.va.us] Sent: Wednesday, June 10, 2009 9:34 AM To: 'Ben Butler' Subject: RE: Vahidi Proffer Statement Hi Ben, Eric and I discussed this item a little further and think we may be able to accomplish most of what we are looking for in the report and analysis of the your request and the Boards resolution regarding this application. I think we would need still to modify the proffer language a little. I am available and could meet with you or Claus to nail down the language and approach on this issue. Let me know a time that works for you within the next two weeks. Thanks. Mike. From: Ben Butler [ mailto:bmblawl@comcast.net] Sent: Friday, June 05, 2009 3:34 PM To: Eric Lawrence Cc: mruddy @co.frederick.va.us; Claus Bader Subject: Vahidi Proffer Statement Dear Erik and Mike: It is my understanding that Chuck DeHaven has spoken to you about the verbiage which might be included in the Proffer submitted by Vahidi on the 14.53 acre tract regarding the placement of the septic systems for the citizens who adjoin the Vahidi tract and have septic system easements on the Vahidi land. The initial problem was that the policy of Frederick County could be interpreted to indicate that there would be no public water and sewers advanced into RA zoned land. I understand there may be some language in this particular case as an exception which would be of benefit to the citizens and to Frederick County allowing public water and sewer be extended into RA zoned land. Can you let me know the suggested language so I may amend the Proffer accordingly. Ben Benjamin M. Butler, Esquire McKee & Butler, PLC 112 South Cameron Street Winchester, VA 22601 Phone: (540) 662 -3486 Fax: (540) 722 -3787 E -Mail: bmblawl(a)comcast.net 0 0 GERMAN ENGINEERING, PLC P.O. BOX 4205 WINCHESTER, VA 22604 540 -664 -1971 May 5, 2008 Mr. Richard Shickle, Chairman, Frederick County Board of Supervisors C/o Department of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, VA 22601 Re: Clearbrook Property Rezoning Dear Mr. Shickle, Per discussions with my client I hereby request to postpone the public hearing scheduled for May 14, 2008 for the Clearbrook Property. We are requesting this postponement in order to be able to analyze the transportation impacts associated with the project utilizing the new County Fiscal Impact Model that is scheduled for adoption later this month. At such time as the County adopts the fiscal impact model, and the model run on this proposal, we would request to be scheduled for a public hearing. Please feel free to call should you have any questions or need any additional information. Sincerely, Ge ineering, PLC Claus Bader, P.E. : L! MAY 6 2W M i PLf. 57 Mike Ruddy From: Mike Ruddy [mruddy @co.frederick.va.us] Sent: Thursday, February 19, 2009 11:21 AM To: Claus Bader (germaneng @comcast.net) Cc: John Bishop obishop @co.frederick.va.us) Subject: Clearbrook Property Hi Claus, I received your letter requesting placement on the first Board of Supervisors meeting in March which included revised proffers, an updated TIA, and a shared entrance agreement for the Clearbrook rezoning. As we have talked about before, the changes in the information provided should be reviewed by VDOT, the County, and the County Attorney before being placed on the Board agenda. Please forward a copy of this information to the County Attorney and VDOT so they can provide you with an updated review on the latest information. You may be able to set up a meeting with VDOT at their regularly scheduled Tuesday meeting to go over the changes in the TIA and application. John Bishop and I will review the package you sent over and give you some feedback. Once updated comments have been received and addressed, we should be in a position to present this to the Board as an agenda item. Thanks. Mike. 0 0 GERMAN ENGINEERING PLC P.O. BOX 4205 WINCHESTER, VA 22604 540- 664 -1971 To: Mike Ruddy F F B 1 3 2009 CC: Mo Vahidi From: Claus Bader Date: 2/13/2009 Re: Clearbrook property Mike, Here are the revised proffers, the update to the traffic impact analysis and a copy of the shared entrance agreement for the Clearbrook rezoning. We would like to be placed on the first Board of Supervisors meeting in March. Please feel free to call myself or Ben Butler with any questions. Thanks, Claus 1 E GERMAN ENGINEERING PLC P.O. BOX 4205 WINCHESTER, VA 22604 540- 664 -1971 To: Mike Ruddy CC: Mo Vahidi From: Claus Bader Date: 12/3/2008 Re: Clearbrook property Mike, Please find attached the revised proffers and the update to the traffic impact statement for the Clearbrook Property. Please ensure that John gets a copy to review. I would like to schedule a meeting with you as soon as possible to discuss the changes we have made since they are significant. Thanks, Claus 1 I 800Z 9 030 1 Nov 02 07 04:08p 0 p.2 GERMAN ENGINEERING, PLC 102 WHIPP DRIVE WINC:IICS'ClP.ld, VA 22602 66 540 -4 -1971 November 2, 2007 Mrs, June Wilmot Department of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, VA 22601 Re: Clearbrook Property Rezoning Dcar Mrs. Wilmot, Per discussions with my client I hereby request to postpone the public hearing scheduled for November 7, 2007 for the Clearbrook Property in order to allow time for further refinement and review of the proffer statement with regards to the transportation issues. We arc requesting a maximum of a 45 day postponement by this letter. Please feel free to call should you have any questions or need any additional information_ Sincerely, Gene E 'ncering, PLC Claus ader, P. GERMAN ENGINEERING- PLC P.O. BOX 4205 WINCHESTER, VA 22604 540 -664 -1971 To: Mike Ruddy CC: Mo Vahidi From: Claus Bader Date: 3/7/2008 Re: Clearbrook property Mike. Here are the revised proffers for the Clearbrook rezoning. We changed them to reflect Roger Thomas' comments at the Planning Commission, eliminated gas stations as an allowed use and added language to provide water and sewer easements to the properties to the north in an effort to give these residents some of what they requested in a meeting on February 19 We are unable to provide the residents with everything they asked for such as rezoning their property to B -2 free of charge. Thanks, Claus MAP 7 2008 1 GERMAN ENGINEERING PLC 1.02 WHIPP DRIVE WINCHESTER, VA 22602 540 -664 -1971 To: Mike Ruddy CC: Mo Vahidi From: Claus Bader Date: 10/12/2007 Re: Clearbrook property Mike, Here are the revised proffers as discussed today. Thanks, Claus OCT 1 2 2001 1 GERMAN ENGINEERING PLC 102 WHIPP DRIVE WINCHESTER, VA 22602 540- 664 -1971 To: Mike Ruddy CC: Mo Vahidi From: Claus Bader Date: 10/5/2007 OCT 5 2007 Re: Clearbrook property Mike, Here are the revised proffers as discussed the other day. Thanks, Claus 1 0 GERMAN ENGINEERING PLC 102 WHIPP DRIVE WINCHESTER, VA 22602 540 -664 -1971 To: Mike Ruddy CC: Mo Vahidi From: Claus Bader Date: 8/23/2007 Re: Clearbrook property Mike, Here are the revised signed proffers as discussed the other day. I also included a copy of the comment from VDOT and another copy of the impact statement which includes the solid waste generation in tons per year. Please let me know if you need anything else regarding this application. Thanks, Claus AUG 2 3 2007 L_ 1 1 Comcast Webmail - Email Message • 0 Page 1 of 1 From: 'Ingram, Lloyd" <Uoyd.ingram @VDOT.Virginia.gov> To: <germaneng @comcast.net> CC: "Eric Lawrence" <elawrenc @co.fredenck.va.us >, "Copp, Jerry" <Jerry.Copp @VDOT.Virginia.gov >, "Ingram, Lloyd" < Lloyd.ingram @VDOT.Virginia.gov> Subject: Clearbrook Property Rezoning - Route 11, Frederick County Date: Wednesday, August 22, 2007 9:36:49 AM The documentation within the application to rezone this property appears to have significant measurable impact on Route 11. 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 Clearbrook Property Rezoning Application dated March 15, 2007. VDOT offers the following comments: This rezoning is one of several that has been reviewed by this Residency in the Route 11 /Clearbrook area. The key intersection of Routes 11 and 672, continues to fall below a Level of Service "C". While it is realized that this one rezoning cannot mitigate the entire needs, the applicant has provided several proffers in an attempt to lessen impacts created by this rezoning. The value of the offsite proffered improvements is extremely difficult to determine as presented in these proffers. With the potential generation of approximately 12,500 trips per day, the proffers do not appear to adequately address either conclusion found in the TIA, Page 13 of August 28, 2006 submittal. The Residency is confident the value of the offsite improvements is not sufficient to mitigate the traffic generated by this proposed rezoning. The Residency is not satisfied with the proffers offered in this 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 G eneration 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 Deparhnent of Transportation Edinburg Residency — Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984 -5611 Fax #(540) 984 -5607 http: / /maileenter3.comcast. net/ wmc /v /wni/46CC3FAD0005507DO0004C 1 C22165579960... 8/22/2007 GERMAN ENGINEERING PLC 102 WHIPP DRIVE WINCHESTER, VA 22602 540 -664 -1971 To: Mike Ruddy CC: Mo Vahidi From: Claus Bader Date: 8/23/2007 Re: Clearbrook property Mike, Here are the revised signed proffers as discussed the other day. I also included a copy of the comment from VDOT and another copy of the impact statement which includes the solid waste generation in tons per year. Please let me know if you need anything else regarding this application. Thanks, Claus 1 ul 31 07 11:09a mx P. GERMAN ENGINEERING PLC 1.02 WHIPP DRIVT WINCHESTER, VA 22602 540-£4 -1971 7o: Mike Farc 665.6395 From: Claus Bader, P.E. Pages: 4 including cover Plgaw Date: 7/312007 . Re: Clearbrook Rezoning CC. [Click here and type name] 0 Urgent 0 For Review ❑ Please Comment ❑ Please Reply ❑ please Recycle Mike, Here are the deed and plat per my earlier email. 9 a Eric Lawrence From: Eric Lawrence [elawrenc @co.frederick.va.us] Sent: Tuesday, July 24, 2007 2:46 PM To: Claus Bader (GermanEng @comcast.net) Subject: Clearbrook rezoning Hi Claus- Page 1 of 1 We've received your rezoning submission. Still need a few items previously identified in correspondence from Susan to you: • VDOT comment • Plat • TIA • And Deed The August 15th PC agenda was already full, was this rezoning is tentatively scheduled for the PC's September 5th meeting, contingent upon receiving these 4 items by August 10th -Eric 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) el awrenc @ co.firederick.va.us http_: / /v co frederick va.u /Planning AndDevelopment/PlanningAndDev .htm www. co.frederick.va. us 7/24/2007 Eric Lawrence Pabe 1 of 1 From: Eric Lawrence [elawrenc @co.frederick.va.us] Sent: Tuesday, July 24, 2007 2:46 PM To: Claus Bader (GermanEng @comcast.net) Subject: Clearbrook rezoning Hi Claus- We've received your rezoning submission. Still need a few items previously identified in correspondence from Susan to you: • VDOT comment • Plat • TIA • And Deed The August 15th PC agenda was already full, was this rezoning is tentatively scheduled for the PC's September 5th meeting, contingent upon receiving these 4 items by August 10th. -Eric 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 co.frederick.va.us htt / /www.co.frederick.va. us/ PIanningAndDevelopmenUPIanningAnd Dev.htm www.co.frederick.va.us 7/24/2007 Page 1 of 1 Susan Eddy From: Susan Eddy [seddy @co.frederick.va.us] Sent: Monday, June 18, 2007 11:43 AM To: Claus Bader Subject: Clearbrook Property Claus, I hate to Infringe on your vacation, but I wanted to let you know that the Clearbrook Property rezoning application is incomplete. It is missing the following: 1. Signatures on the application, 2. Signatures on the proffer statement, 3. A signed limited power of attorney form, 4. The statement that taxes have been paid, 5. A copy of plat (one was provided with the preliminary, so just make a copy); 6. A copy of the deed (one was provided with the preliminary, so just make a copy); 7. A copy of the TIA (I wrote on the one you sent me with the preliminary. If there is a corrected version, I will need that one), and 8. A VDOT comment (I need an actual statement from VDOT stating that VDOT does, or does not, support the application). For the moment, the application and check will be kept at the reception desk, and I will not be reviewing it. If you want to be on the PC agenda for August 1 all missing documents must be submitted by July 6th. If you want to be on the PC agenda for August 15th, all missing documents must be submitted by July 20th I do hope you are enjoying your trip. Regards, Susan Susan K. Eddy, AICP Principal Planner Frederick County Planning bepartment 107 North Kent Street Winchester, VA 22601 540 - 665 -5651 6/18/2007 GERMAN ENGINEERING PLC 102 WHIPP DRIVE WINCHESTER, VA 22602 540 -664 -1971 To: Susan Eddy From: Claus Bader Date: 6/14/2007 Re: Clearbrook Property Rezoning Susan, Please find attached the agency comments and the application fee for the above reference rezoning application. As you know, we have been waiting for a long time to try and figure out what would be fair for this project to proffer for off site transportation improvements. The comment sheets do not reflect the latest proffer statement however the revised statement has incorporated many of the comments generated by yourself and the county attorney. Specific responses to your comments are as follows: I. The proposed zoning for this property will now be B2, no B3 zoning is requested. 2. Comment noted. 3. Inter parcel connections to the north and south are being considered, we have talked to the property owner to the north and he is agreeable to the connection. 4. Comment noted. 5. Comment noted. 6. The bicycle trail will be incorporated into the proffer statement. 7. Comment noted 8. The impact analysis has been revised to discuss the potential of karst geology in the area. The prime agricultural soil will be utilized in the required buffer areas. 9. The TIA is being reviewed by VDOT and as a result of a meeting on Tuesday, the background counts were deemed acceptable and the consultant will revise the analysis by utilizing Synchro software. 10. Comment noted. 11. Comment noted, the proffer statement has been revised to offer other improvements in order to attempt to mitigate the impacts of this project. 12. Comment noted proffer statement changed. i - - -- - — — i 13. Comment noted. JUN 152007 ' !� 1. June 14, 2007 14. Comment noted, inter parcel connections are being considered. 15. Traffic signal removed as requested. 16. Comment noted. 17. Comment noted. 18. Comment noted. 19. Property information added. 20. Agency comment included with this memo. 21. Review fee included. Please communicate any additional comments via email to germanengoa comcast.net so that I will be able to address them in a timely manner. • j • THE ®'REILLY LAW FIRM 761 -C Monroe Street, Suite 200 Michael L. O'Reilly Nancy.l. O'Reilly Herndon, Virginia 20170 June 13, 2007 Mo Vahidi 794 Center St. Herndon, VA 20170 Re: MV Winchester, LLC , relephone: (703) 766 -1991 Fax: (703) 766 -1995 www.0RLawlirni com Dear Mo: Enclosed please find the Operating Agreement we have prepared for MV Winchester, LLC. Please review and if acceptable, sign where indicated and file it with the other official documents of the LLC. Also enclosed is our bill for preparing the necessary filings with the State Corporation Commission to convert the entity from a corporation to an LLC, and for preparing the Operating Agreement. We will be happy to assist you with the title matters related to the Winchester property when you are ready to go forward. Sincerely, THE O'REILLY LAW FIRM sy: N t. G � ancy J 'R illy Enclosures as indicated Comcast Webmail - Email Message Mike, District Planning has provided the following comments: TIA - General We have concerns related to the count data provided for the subject TIA. 1-81S off -ramp at Hopewell Rd traffic count was collected on Friday, May 5, 2006. Route 11 at Rest Church Road traffic count was collected on Monday, May 8, 2006. Route 11 at Hopewell Road traffic count was collected on Monday, August 29, 2005. It is a common practice within the transportation planning /engineering profession to avoid collecting Monday and Friday count data, as the trip characteristics on these days generally differ from the remainder of the week. * Referencing Figure 2, Page 3, traffic volumes in this figure are significantly higher than traffic counts volumes, some traffic volumes in this figure are more than twice of the values in traffic counts. This is a critical error which warrants justification prior to continuing an in -depth review. If you have any questions, please contact me. Regards, Lloyd A. Ingram Transportation Engineer VDOT - Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984 -5611 (540) 984 -5607 (fax) Page 2 of 2 http:// mailcenter3 .comcast.netlwmc /vlwm /467155 BA00030520000003 BE22 1 5575 1 14090... 6/14/2007 Comcast Webmail - Email Message From: "Michael C. Glickman" <Michael.Glickman @phra.com> To: Subject: Date: <germaneng @comcast. net> FW: Clearbrook Properties TIA Monday, May 21, 2007 11:02:19 AM Michael C. Glickman, PE Director of Transportation Planning Patton Harris Rust & Associates 10212 Governor Lane Boulevard Suite 1007 Williamsport, Maryland 21795 P 888.616.8286 C 540- 421 -5685 F 301.223.6831 E Micha - - -- Original Message-- - From: Funkhouser, Rhonda [mailto: Rh .Funkho @VDOT.virginia.govj Sent: Monday, May 21, 2007 7:59 AM To: Michael C. Glickman Subject: FW: Clearbrook Properties TIA From: Ingram, Lloyd Sent: Friday, May 18, 2007 2:38 PM To: Michael Glickman Cc: Ingram, Lloyd Subject: Clearbrook Properties TIA Page I of 2 http: / /mai lcenter3 .comcast.netlwmc /v /wml467155 BA00030520000003 BE22 1 5575 1 1 4090... 6/14/2007