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Home My WebLink About06-08 Comments (2)0 LAWSON AND SILEK, P.L.C. 120 EXETER DRIvE, SUITE 200 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665 -0050 FACSUHLE: (540) 722-4051 July 9, 2009 Eric R. Lawrence, AICP, Deputy Director The Department of Planning and Development 107 North Kent Street, 2nd Floor Winchester, VA 22601 40 THOMAS MOORE LAWSON • TLAWSONn4,LSPLC.00M Re: Route 50 Assisted Living Facility Our File No. 877.002 VIA E -MAIL Dear Eric: Thank you for your timely response to my letters of July 6 and 7, 2009. While we agree that our proffer agreed to defer final VDOT specifications that related to our site entrances, we do not agree that the signal head that is being required at the intersection of Route 50 and Ward Avenue has anything to do with our site entrances. In fact, as you know, the lack of a signal head is a condition that exists today and certainly predates our project. Further still, you will recall that the County required the developer to have a right -in only entrance on Route 50. The net of all of this is that the proffer design of the entrances for the HHHunt development will not put any vehicles to the intersection of Route 50 and Ward Avenue where the signal head is being requested, and, if anything, the right -in feature into the HHHunt site will take trips away from the existing intersection where the signal head is being requested. The simple fact is that the HHHunt proffer providing for a $25,000.00 payment was to be used for improvements in the Route 50 corridor area. The good news is that those funds are available, and apparently the County and VDOT would like to have improvements made to the corridor in the form of this signal head. HHHunt certainly has no objection to the proffered funds being used in this manner, but we must receive a credit against the proffer payment for this expenditure. If we do not, then we will be in a position where we are being required to pay more than the amount required under the proffers. { Eric R. Lawrence, AIC , Deputy Director July 9,2009 ou like take into account Page 2 if y much would our prior correspondence, and ossible. We very I ask that you review y d et back to me as soon as P VDDT's Position on the same, anX get as possible. from like to see this matter resolved as P co operation. Thank you for your continued assistance and coop I look forward to hearing you. Very f l y yours, s ; Thomas Moore Lawson Thomas Moore Lawson TML:jk oration cc: HHHunt Corp mith, P.E Matthew B Mr. Eric Meske LAWS ®N AND SILEK, P.L.C. 120 Ex E'I'ER DRIVE,SUITE 200 POST OFFICE Box 2740 WINCHESTER, \A 22604 TELEPHONE.: (540) 665 -0050 FACSIMILE: (540) 7224051 N OCT 2 1 2008 - TuoNIA5 MOORE LAWSON • T LAWS0N(a1LSPLC.COM October 21, 2008 Michael T. Ruddy, AICP Deputy Director The Department of Planning and Development 107 North Kent Street, 2nd Floor Winchester, VA 22601 Re: Route 50 Assisted Living Facility Our File No. 877.002 VIA VIAND DELIVERY Dear Mike: Enclosed please find the redlined and original signed version of the revised proffers for the above - referenced rezoning, which are being hand - delivered to the Board of Supervisors today to supplement their packet for tomorrow night's meeting. The biggest revisions include the updated proffer date and, in paragraph 4.1, the amount of the contribution to Frederick County for fire and rescue purposes has been increased from $25,000.00 to $100,000.00. We have also made revisions to reflect the County Attorney's comments dated yesterday. Thank you for your assistance and cooperation. If you should have any questions, please do not hesitate to give me a call. TML:atd Enclosures Very tr ours, Thom s M ore Lawson FRONL ROYAL AHDRESS: POSI OFFICE Mx 602, Vm)vr RIIYIL VIRGINIA 22610 TF.U:IIIIINF:: (540) 635.9415, FAI'SIM II.1'.: (540) 635 -9421, E- MAIL: SILEU(N I.\'.V \CON.N'ECI.CO \I FAIRFAx AURRE:S:10905.M MISTREET. SUITE 200, FAIRFAX. VIRGINIA 22010 TELEPHONE: (703) 152 -2615, F,,MM x:(703)352.4190 f: 61AlI.: THII.NASI2.I.A \ \WNI! \'LRI].I I.N,�LT OG -08 COUNTY of FREDERICK Department of Planning and Development 540/6655651 FAX: 540/665 -6395 July 8, 2009 Thomas Moore Lawson Lawson and Silek, P.L.C. 120 Exeter Drive, Suite 200 Winchester, Virginia 22602 RE: HHHunt Assisted Living Facility Dear Ty: I am in receipt of your two letters, dated July 6 and 7, 2009, regarding the HHHunt assisted living facility within Frederick County. Your letters seek to utilize proffered funds to implement required road improvements associated with your client's construction of an assisted living facility. The County does not support the use of the rezoning applications' proffered contributions to offset required improvements associated with the site's development. It is expected that your client will implement the road improvements deemed necessary by VDOT as a result of your site development plans, as reflected by Proffer 2.1. Proffer 2.1 discusses site entrances, and defers final designs and engineering to VDOT specifications and approval. Therefore, if VDOT is requiring improvements as a result of your site development plans, such site development generated improvements will not be credited towards the proffered sh contribution of Proffer 3.4. i Sincerely i Eric . LR awrence, AICP Director, Department of Planning and Development cc: Matthew Smith, VDOT- Edinburg Residency ERL /bad 107 North Kent Street, Suite 202 • Winchester, Virginia 226015000 r Department of Planning and Development 540/665 -5651 FAX: 540/665.6395 MEMORANDUM TO: FROM: U6 rp 4 COUNTY of FREDERICK Finance Department Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: November 19, 2008 The amount of 100.00 was deposited in line item #3- 010 - 019110 -0008 for Bowman Consulting Group. The company had a deposit for two signs for Rezoning #06 -08 for Rt 50 Assisted Living Facility. The company 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 $100.00 to: Bowman Consulting Group 124 E. Cork Street Winchester, VA 22601 RSA/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 5t 00 -00 .00 .00 00 Pd by DEPT OF PLANNING Check 2800.00 # CKS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 7/2008 40 ,4 -1,-, u ^^ ^18680001 L/2008 liosi )569 ,P I Y T hIMh1 E C E ui x� TAX R LOI uQ fd K COlRl-� OFF ' JR ERI O? C EWI B O p 25 L2604,0225 Y 0. VA WINCKEST TV- VII � ING SIGN DEPOSITS c X et # O0�0I3 0 Tl O� Dat teY: CJ 5g 5E TY gri s A t # pt# I p0 B a lances $ IO( P ala S go In ge Ip C z i s $ Pala $ A moun t TICe D ue gal # CK`- ING 280p�02p08 CY DE vT OF Y C M01 S TIIRIJ TI;E EREST F P , � IS p NAI,TY INT DEPT 019 'JDS gA dxa uodn ti maua.t sBE, g [ maps % Iuvs !pad oslad Was Ia.gs S .oaQ «S eat Iad '!d Ig S aun N I idd Ef I Y T hIMh1 E C E ui x� TAX R LOI uQ fd K COlRl-� OFF ' JR ERI O? C EWI B O p 25 L2604,0225 Y 0. VA WINCKEST TV- VII � ING SIGN DEPOSITS c X et # O0�0I3 0 Tl O� Dat teY: CJ 5g 5E TY gri s A t # pt# I p0 B a lances $ IO( P ala S go In ge Ip C z i s $ Pala $ A moun t TICe D ue gal # CK`- ING 280p�02p08 CY DE vT OF Y C M01 S TIIRIJ TI;E EREST F P , � IS p NAI,TY INT DEPT 019 'JDS gA 727.520.8181 unuui mamnhntn mm Spring Arbor of Daniel Island Negative #80220 2187 Date 02.20.08 Spring Arbor of Daniel Island Negative #80220 2185 �7 727.520.8181 Date02.20.08 G iuunu narnnhMn rnm • 0 LETTER OF TRANSMITTAL To: Frederick Co. Planning Dept. Date: October 14, 2008 107 N. Kent Street Project Name: Rt. 50 Assisted Living Facility Winchester, VA 22601 Project Number: 5132 -01 -003 Re: Exhibits for BOS Agenda Packet Attn: Mike Ruddy WE ARE FORWARDING THE FOLLOWING ITEMS: ❑ ORIGINALS ❑ REPRODUCIBLES ❑ SPECIFICATIONS ❑ DISKETTE X PRINTS ❑ SHOP DRAWINGS ❑ COPY OF LETTER ❑ OTHER f VIA: i Bowman Consulting Group, Ltd. expressly reserves its common law copyright and other property rights in plans transmitted herewith. Plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party, without first obtaining the express written permission of Bowman Consulting Group, Ltd. Comments: UANTITY DESCRIPTION 30 Rezoning exhibit sets for Board of Supervisors agenda packet (10/22/08 meeting). Transmitted by: Rec'd By: BOWMAN CONSULTING GROUP, LTD. (Signature) Michael P. Pointer, ASLA Principal /Winchester Branch Manager (Printed Name) (Date) OCT 1 4 20M 124 East Cork Street, Winchester, VA 22601 ( J Phone: (540) 722 -2343 Fax: (540) 722 -5080 www.bowmanconsulting.c�om— IRi CipjtNT eOPvI , September 22, 2008 Ms. June Wilmot, Chairman Frederick County Planning Commission 412 Westside Station Drive Winchester, VA 22601 RE: Route 50 Assisted Living Facility Rezoning Application 406 -08 BCG Project #5132 -01 -003 Dear Madam Chairman: This correspondence is offered to ensure your awareness of the efforts undertaken to address outstanding issues associated with the subject rezoning application subsequent to its tabling by the Planning Commission at its August 20` meeting. The applicant and project team have worked diligently to address concerns raised by members of the Planning Commission, staff, and adjoining property owners, and the application has been revised accordingly. As you are aware, the amended application will be included on the Planning Commission's October I meeting agenda. Attached is a letter to Mr. Michael Ruddy, AICP, dated September 5, 2008, that details our response to each issue raised during the August 20 public hearing, and was submitted with the amended application. Moreover, copies of the revised proffer statement and generalized development plan (GDP) are provided for your reference. The substantive revisions to the application may be summarized as follows: • Ward Avenue Entrance — The adjoining United Bank parcel (PIN 53B -3 -24) was added to the application to ensure provision of the required setback for the Ward Avenue entrance /travelway. • Permitted Uses The use of the subject property will be limited exclusively to an assisted living facility. All other B2 uses will be prohibited on the site. • Monetary Contribution for Transportation The restrictions on use of the $25,000.00 contribution as well as the five (5) year sunset clause have been eliminated from the proffer. As revised, the $25,000.00 contribution may be used for any transportation improvement deemed appropriate by VDOT and Frederick County. • Monetary Contribution for Fire and Rescue Services The monetary contribution for fire and rescue services has been increased from $2,000.00 to $10,000.00. • Future Round Hill Road Extension — Right -of -way for the future Round Hill Road extension will be dedicated upon request by VDOT and /or Frederick County. The original proffer statement provided only for reservation of this right -of -way. Bowman Consulting Group, Ltd. 124 East Cork Street , Winchester,VA 22601 Phone: 540.722.2343 _, Fax: 540.722.5080 www.bowmanconsulting.com w Ms. June Wilmot, Chairmo • September 22, 2008 Page 2 of 2 I hope that this letter and the attached information are helpful as you prepare for the October 1 st meeting, and your consideration of the amended application is greatly appreciated. Of course, we will be prepared to address any questions that you or other members of the Planning Commission might have during the public hearing. Should you require any additional information regarding this matter in the interim, please do not hesitate to contact me by phone at (540) 722 -2343, ext. 201, or by email at mpointer2cbowmancg.coin Sincerely, BOWMAN CONS NG GROUP Michael P. Pointer, ASLA Principal Attachments cc: Roger L. Thomas, Vice Chairman, Opequon District Commissioner Cordell Watt, Back Creek District Commissioner Greg L. Unger, Back Creek District Commissioner Charles E. Triplett, Gainesboro District Commissioner George J. Kriz, Gainesboro District Commissioner Rick C. Ours, Opequon District Commissioner Gregory S. Kerr, Red Bud District Commissioner Christopher M. Mohn, Red Bud District Commissioner Lawrence R. Ambrogi, Shawnee District Commissioner H. Paige Manuel, Shawnee District Commissioner Richard A. Ruckman, Stonewall District Commissioner Gary R. Oates, Stonewall District Commissioner Gary A. Lofton, Board of Supervisors Liaison Mr. Bo Cook, Jr. — HHHunt Mr. Thomas M. Lawson — Lawson & Silek Mr. Michael Ruddy — County of Frederick P: \5132 -Route 50 Assisted Living \5132 -01 -003 ( PLN)\ Admin \Corespondence\Sent\September 22, 2008 to June Wi I mot. docx • LETTER OF TRANSMITTAL To: Frederick County Planning Commission Date: September 22, 2008 412 Westside Station Drive Project Name: Rte 50 Assisted Living Facility Winchester, VA 22601 Project Number: 5132 -01 -003 Re: Letters, Proffer Statement, and Generalized Development Plan Attn: Ms. June Wilmot, Chairman WE ARE FORWARDING THE FOLLOWING ITEMS: ❑ ORIGINALS ❑ RF,PRODUCIBLES ❑ SPECIFICATIONS ❑ DISKETTE A ❑ PRINTS ❑ SHOP DRAWINGS VIA:USPS ❑ COPY OF LETTER ❑ OTHER 1 Letter to June Wilmot, Chairman, dated September 22, 2008 1 Letter to Michael Ruddy, AICP, dated September 5, 2008 1 Copy of Revised Proffer Statement I Copy of Generalized Development Plan (GDP) Bowman Consulting Group, Ltd. expressly reserves its common law copyright and other property rights in plans transmitted herewith. Plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party, without first obtaining the express written permission of Bowman Consulting Group, Ltd. Comments: cc: Roger Thomas, Vice Chairman; Cordell Watt; Greg L. Unger; Charles E. Triplett; George L Kriz; Rick C. Ours; Gregory S. Kerr; Christopher Mohn; Lawrence R. Ambrogi; H. Paige Manuel; Richard A. Ruckman; Gary R. Ga A t Lofton; Winchester City Planning Department; Rockerick B. Williams; Eric R. Lawrence; Micbael:RuddX;��C_., otmt oCl?rederick� Lawson, Lawson & Silek, PLC; Bo,Cook, HHHunt Corporation Transmitted by: BOWMAN CONSULTING GROUP, LTD. Michael P. Pointer, ASLA Principal WN 124 East Cork Street, Winchester, VF Phone: (540) 722 -2343 Pax: (540) 722 -5080 www Rec'd By: ,,- (Signature) SEP 9 ni Date) Iting.com Bowman C O N S U L T I N G September 5, 2008 Mr. Matthew B. Smith, PE V DOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 RE: Rte. 50 Assisted Living Facility Rezoning Application #06 -08 BCG Project # 5132 -01 -003 Dear Mr. Smith: We have received your comments dated August 26, 2008 and we offer the following in response. "In regards to the right inlright out entrance on Route 50 as shown ort the Generalized Development Plan (GDP): we have concerns that the right out turn movement may create potential weaving problems at the intersection for drivers exiting the entrance and then entering the left turn lane. We question the need for the right out at this secondary entrance and would prefer it be limited to a right in only entrance as was done for the adjacent bankparcel. " Response: We acknowledge VDOT's concern with right out movements and potential weave problems at our secondary access to the Assisted Living Facility; however this property is encumbered with an ingress /egress easement for Allegheny Power access to and from their existing power sub - station on the property south of the subject property. We have met with representatives of Allegheny Power and their position is that they will accept a revised entrance from Route 50 as proposed along with a revised ingresstegress easement alignment, but only if it still provides direct access to and from Rte. 50 as currently possessed. The need for such access is due to the nature of the equipment that is occasionally brought to and from the sub - station, and access requirements for urgent responses to power outages. With that said, since you last reviewed this appFcation we have shifted the proposed right -in /right -out slightly east to avoid utility conflicts and the need for off -site easements to our west. Additionally, we have consulted with our traffic engineers and offer the attached weave analysis to support our position that the relatively low traffic volumes associated with this use should not present a problem. All Assisted Living Facility traffic will be directed to the proposed primary access to and from Ward Avenue. 2. "Proffer 3.3 - Whatever monetary transportation contribution that is agreed upon should not be limited to a specific improvement, but rather be able to be used for transportation improvements in the general area of the development at the County's discretion. VDOT also has concerns with limiting the funding to only 5 years from the date of the zoning approval," Response: We acknowledge the need for this contribution to be made to the County for transportation improvements in the general area of the development. The Bowman Consulting Group, Ltd. 124 East Cork Street • Winchester,VA 22601 Phone: 540.722.2343 • Fax: 540.722.5080 e www.bowmanconsulting.com Mr. Matthew B. Smith, PE 0 September 5, 2008 Page 2 of 2 attached revised proffer statement removes the specific improvement and the limiting of funding to 5 years from the date of zoning approval as requested. Attached is a revised executed proffer statement for further consideration. 3. "The primary entrance off Ward Avenue needs to continue the existing 3 lane curb and gutter section established in front of the United Bank to the southern property line of the Assisted Living Facility. Additional right- of-way dedication needs to be provided to accommodate all roadway improvements. The 50.50' lot frontage width forces the commercial entrance off the right -of -way and onto parcel 53B -3 -24. Additional right -of -way, agreements, and easement will need to be obtained from parcel 538 -3 -24 to allow proposed improvements as shown on the GDP. " Response: Our rezoning application has been revised to include Parcel 5313-3 -24 in order to better facilitate our proposed entrance improvements along Ward Avenue. All improvements have been designed to match what United Bank has constructed. We have met with the United Bank representatives and we are providing right -of- way dedication along this parcel consistent with what is proposed for Parcel 5313- 3-25. All utility easements and off -site grading /sight distance easements have been identified and are agreeable to United Bank. 4. "Traffic signals along this stretch of Route 50 are coordinated to work together. The TlA's recommendation of adjusting the signal timings and cycle length at the Route 50/Ward Avenue Intersection may have negative impacts on the overall function of the signals along this corridor. " Response: We acknowledge your comment regarding signal timings and cycle length adjustments. We feel that the improvements proposed to Route 50 and Ward Avenue along with the proffered regional transportation contribution and dedication of with for the future extension of Round Hill Road will adequately mitigate the impacts associated with this project. Please feel free to contact me at the office if You have any further questions. Sincerely, BOWMAN CONSULTING GROUP Michael P. ot"nter, ASLA Principal Attachments cc: Mr. Bo Cook, HHHunt Co. Mr. Thomas M. Lawson, Lawson & Silek Mr. Mike Ruddy, Frederick County Planning & Development Ms. Candace Perkins. Frederick County Planning & Development Mr. Tushar Awar, Gorove Slade Associates P: \5132 -Route 50 Assisted Living \5132 -01 -003 (PLN) \Admin \Comment- Response \Septemher 5, 2008 to Mal thew Smith.doc q1 Btiwr;an I C O N 5 U L T I N G 1 September 5, 2008 Mr. Michael T. Ruddy, AICP Deputy Planning Director County of Frederick Department of Planning & Development 107 North Kent Street Winchester, VA 22601 RE: Route 50 Assisted Living Facility Rezoning Application #06 -08 BCG Project #5132 -01 -003 Dear Mr. Ruddy: sc• ;; 11 This correspondence is in follow -up to the Planning Commission public hearing for the subject rezoning application held on August 20, 2008. In particular, 1 am writing to share the progress made to date in resolving the issues raised during the public hearing by staff, neighboring property owners, and members of the Commission. The key issues that required attention and our response to each are as follows: (1) Prima site entrance on Ward Av enue —As originally proposed, the travelway of the primary entrance on Ward Avenue did not meet the setback of five (5) feet required from the boundary of the adjoining United (Marathon) Bank parcel (PIN 5313- 3 -24). Given the constrained width of the area traversed by the travelway, it is necessary to obtain additional acreage from the United Bank parcel through a boundary line adjustment (BLA) plat. As you are aware, this RA -zoned parcel is also narrow in width, and is controlled by United Bank exclusively as a buffer for the existing bank facility. The need for the additional acreage for the travelway setback has been discussed with Mr, Don Unger, President of United Bank, who has agreed to include the parcel with this rezoning application to enable the necessary BLA. The rezoning application and all associated exhihits have been amended to include this additional parcel. Assuming rezoning approval, the BLA will be completed to add the requisite five (5) feet to the HHHunt property for the setback, and the balance will remain in the ownership of United Bank for continued use in support of the existing bank facility. Right of way will be dedicated along the Ward Avenue frontage of the United Bank parcel consistent with what is proposed by HHHunt, and is shown on the revised GDP accordingly. All other easements needed across the United Bank parcel for utility connections and grading have also been discussed and are agreeable to United Bank. (2) Right in /right out entrance on Route 50 — The necessity of the proposed right in /right out entrance on Route 50 was discussed at length during the public hearing. It was explained that Allegheny Power holds an ingress /egress easement across the property to enable direct access from Route 50 to the sub - station located on an adjoining parcel, and two adjoining property owners also have access rights across the site. Due to the existence of these easements, HHHunt was deemed to have a legal obligation to maintain direct access to and from Route 50 for both Allegheny Power and the adjoining owners. Bowman Consulting Group, Ltd. 124 East Cork Street • Winchester,VA 22601 Phone: 540.722.2343 a Fax: 540.722.5080 e www.bowmanconsulting.com 04 Mr.-Michael T. Ruddy, At* September 5, 2008 Page 2 of 3 A meeting was held to discuss the proposed development program with adjoining property owners and Allegheny Power representatives on September 4, 2008, during which the topic of the access easements was discussed. The adjoining property owners agreed to terminate their easement rights, as primary access to their respective properties occurred via Stonewall Drive and Ward Avenue. However, the representatives of Allegheny Power stated that the easement and its direct link to Route 50 are essential to sub - station maintenance, and must therefore be preserved as components of the proposed assisted living facility. Indeed, the nature of the equipment and vehicles involved in routine sub - station maintenance, as well as the access requirements for urgent responses to power outages, were primary reasons offered by Allegheny Power for preservation of the existing access arrangement. Bottom line, while Allegheny Power is willing to allow adjustment of the easement and its improvement to accommodate the proposed development of the property, it will not relinquish the right to unimpeded access to the sub - station across the site from Route 50. To accommodate Allegheny Power's access rights, the proposed right in /right out entrance on Route 50 remains on the proffered GDP. The legal necessity to provide this entrance is an admittedly beneficial obligation for HHHunt, as the right in /right out entrance is certainly desired as a secondary access for the facility. While it is acknowledged that adopted policy discourages direct access to Route 50, the proposed right in /right out entrance arguably constitutes a reasonable exception, particularly given the unique easement situation. Moreover, the provision of primary access via Ward Avenue coupled with the low traffic generation associated with the proposed use suggest that the right in /right out entrance will have a negligible impact on actual traffic conditions. Since the public hearing, the on -going engineering design process has resulted in modification to the location of the right in /right out entrance. Specifically, the entrance has been shifted east to avoid substantial Allegheny Power infrastructure consisting of both underground and overhead power lines, as well as related equipment (i.e. transformer boxes). The shift of the entrance will also preclude the need to secure off -site easements from adjoining property owners. These design changes have been submitted to VDOT along with responses to their review comments dated August 26, 2008 (originally received by e- mail August 20, 2008). A copy of the revised proffer statement and GDP have also been included with the resubmission to VDOT. (3) Communication with adjoining property owners — The public hearing revealed the need to hold additional discussions with adjoining property owners. The first step in this process involved meeting with Ms. Patricia Smith to address access concerns. A meeting was held with Ms. Smith on her property, and Bowman Consulting staff proceeded to field locate her property corners to improve mutual understanding of easement locations (power and access) relative to her parcel. It is noted that Ms. Smith currently has frontage and driveway access on Stonewall Drive. The twenty (20) foot right -of -way granted to Ms. Smith across the subject property followed establishment of the Allegheny Power easement(s), and it was clarified that Mrs. Smith does not rely on said right -of -way for access. As noted above, a meeting was held with adjoining property owners and Allegheny Power representatives on September 4, 2008. Meeting participants included Mr. Ralph Poe, Ms. Darla Poe Funkhouser, Ms. Smith, Ms. Nancy Johnson, and Mr. Lee Ruffner and Ms. Patti Sowers representing Allegheny Power. As a result of this meeting, Ms. Smith has agreed to vacate the right of way she possesses across the subject property, and will maintain direct access to her property via Stonewall Drive. Mr. Poe and Ms. Funkhouser also agreed that access to their surrounding property via the subject property was unnecessary, with Ward Avenue providing suitable alternative access. Allegheny Power will allow its access easement to be integrated with development of the site, but requires that direct access to Route 50 be maintained. Moreover, it will be necessary for HHHunt to . MP. Michael T. Ruddy, AI • September 5, 2008 Page 3 of 3 construct the travelways within the easement using heavy duty pavement to support Allegheny Power vehicles and associated loads. A modified ingress /egress easement plat maintaining right in /right out access from Route 50 has been submitted to Allegheny Power for consideration, the approval and recordation of which is anticipated at the time of site plan approval. (4) Other proffer- related items — The proffer statement has been revised to address comments received from VDOT as well as those received from the County Attorney's office. Revisions were also made to reflect Planning Commission input from the public hearing. The notable content changes include the following: Permitted Uses The use of the subject property will be limited exclusively to an assisted living facility. All other B2 uses are prohibited on the site. Monetary Contribution for Transportation The restriction on use of the $25,000.00 contribution as well as the five (5) year sunset clause have been eliminated from the proffer. As revised, the $25,000.00 contribution may be used for any transportation improvement deemed appropriate by VDOT and Frederick County. Monetary Contribution for Fire and Rescue Services The monetary contribution for fire and rescue services has been increased to $10,000.00. It is noted that the proposed rezoning is for a commercial use that will result in a positive fiscal impact to Frederick County. Moreover, the unique operational requirements of an assisted living facility include on -site medical care, which will arguably lessen impacts on local fire and rescue companies. However, it is acknowledged that the CIP includes construction of a new facility for Round Hill Fire and Rescue Company, and the proposed contribution is offered by HHHunt to facilitate realization of this important community improvement. On behalf of HHHunt and the entire project team, I would like to thank you for your continued assistance with this proposal, and request that the attached amended rezoning application be included on the agenda of the October 1, 2008 Planning Commission meeting for further consideration. Should you have any questions or require additional information, please do not hesitate to contact me. Sincerely, M BOW N CON VALA GROUP ichael P. Pointe Principal Attachments cc: Mr. Bo Cook, Jr. — HHHunt Mr. Thomas M. Lawson — Lawson & Silek P: \5132 - Route 50 Assisted Living \5132 -01 -003 (PLN) \Admin \CoRespondence \Sent \September 5, 2008 to Michael Ruddy- Rezone doe Bowman C O N S U L T I N G June 26, 2008 Mr. Michael T. Ruddy, AICP Deputy Director Frederick County Dept. of Planning & Development 107 North Kent Street Winchester, Virginia 22601 RE: Route 50 Assisted Living Facility Rezoning Application BCG Project 45132 -01 -003 Dear Mr. Ruddy, Attached please find our formal submission of the Route 50 Assisted Living Facility Rezoning Application for further review and placement on the Planning Commission agenda for consideration. All required submission materials have been provided including: A letter responding to all agency referral comments; a revised Generalized Development Plan (GDP), which provides a much greater level of detail as requested; and a revised Proffer Statement executed by Mr. Bo Cook representing the contract purchaser, and Mr. Thomas Lawson, who has Power of Attorney for the Owners previously executed and on file with the County. In addition to the rezoning submission, we have included a copy of the Master Development Plan Application submitted to Ms. Candice Perkins as previously discussed. As discussed, our intention is to be able to have both applications reviewed together by the Planning Commission and Board. Please do not hesitate to contact us with any questions and thank you for your continued assistance with this project. Sincerely, BOWM CONS—QLTtNCJ GROUP Michael P. Pointer, ASLA Principal cc: Mr. Bo Cook, HHHunt Corporation Mr. Thomas Lawson, Lawson & Silek Attachments 1 \5 132 - Route 50 Assisted Living \5132 -01 -003 ( PI, N )AAdminACorrespondence \Sent\June 26, 2008 to Mike Ruddy.doc Bowman Consulting Group, Ltd. 124 East Cork Street. Winchester,VA 22601 Phone: 540.722.2343 a Fax: 540.722.5080 e www.bowmanconsulting.com �j o r To: Frederick County Dept of Planning & Development 107 North Kent Street Winchester, VA 22601 Attn: Mike Ruddy, AICP, Deputy Directi 0 LETTER OF TRANSMITTAL Date: 6/26/2008 Project Name: Rte SO Assisted Living Facility Project No: 5132 -01 -003 Re: Rezoning Application Via: Hand - Delivery We are forwarding: Documents ,-QUANTITY " J , Master Development Plan (for your review) Rezoning Application Fee Check #1448029 in the Amount of $11,023.00 (�nsidc eovdy o r Rush Transmitted by: BOWMAN CONSULTING GROUP, LTD. Christopher T. Oldham, C.A, C.L.A. Recipiml Copy Confirmation of Receipt Required: Yes Received by: (Signature) JUN 2.6 M08 I.._ (Print Name) 1---_ — (Date) ---- 6126/2008