Loading...
HomeMy WebLinkAbout07-08 Comments0 • John Lewis From: Candice Perkins [cperkins @co.frederick.va.us) Sent: Tuesday, September 02, 2008 9:43 AM To: 'John Lewis' Cc: JohnSchroth @mris.com Subject: FW: Unger rezoning Page 1 of 2 John, We received additional comments from the County Attorney regarding the rezoning package. Regarding part of his comment I have informed him that Vernon is deceased, but he has requested further information. Please let me know if you have any questions, Candice Perkins, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 (540) 665 -5651 (540) 665 -6395 (fax) cperkins @co' ederick va us • w_ ww. co. frederick. va .us _��______.----- ___.__._____. ---- �_______�� _�.- --_ —_.�_— -____- From: Rod Williams [mailto:rwillia @co.frederick.va.us] Sent: Tuesday, September 02, 2008 8:07 AM To: 'Candice Perkins' Subject: Unger rezoning Candice, I have reviewed the materials for the Unger rezoning and have one major concern that I believe has to be addressed before any rezoning may be approved. The applicant IaPlcScnL UI L VCn U anu I IanGEa unyEl o 1.. H a, w�s. vvlulc L. iS . ^ ,O_, 3i s stent vvith the real estate tax records, it appears that the origin of the titles dates back to the early 1980's for one of the parcels and much earlier than that for the other parcel. Therefore, first, we have not seen the deeds to confirm that the titling listed today in fact comports with what would be in the determinative decades -old documents. Second, only Frances Unger has signed the application and the power of attorney. We absolutely need to see something for Vernon Unger. If he is deceased and Frances Unger is his sole heir as to these parcels (we would at least need to see the deeds to make any initial determination as to that), then Frances Unger needs to file the appropriate paperwork with the Circuit Court Clerk. Beyond that, in my opinion, the rezoning would not properly be before the Commission or the Board unless all record owners have signed the application. Along related lines, if the parcels in fact still have co- owners, then the references to "owner" throughout the proffer statement need to be plural. Also, I have a small number of less critical issues, as follows: it seems that the GDP • should specifically indicate which parcels are the identified parcel numbers; in proffer item 3, it seems that the language there could still be improved, particularly that the construction will be "as generally shown "; finally, re the waiver of the 165 -29 spacing requirements, we need to confirm that there is actually authority to allow for such a waiver. 9/3/2008 • • Page 2 of 2 L Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722 -8383 Facsimile: (540) 667 -0370 E -mail: rwillia @ co.frederick.va.us No virus found in this incoming message. Checked by AVG - http: / /www.avg.com Version: 8.0.169 / Virus Database: 270.6.14/1646 - Release Date: 9/2/2008 6:02 AM 9/3/2008 • John Lewis From: Candice Perkins [cperkins @co.frederick.va.us] Sent: Tuesday, September 02, 2008 2:09 PM To: 'John Lewis'; 'Jill Fries' Cc: JohnSchroth @mris.com Subject: Unger Rezoning Page 1 of I John, The County Attorney was looking over the material and came upon another issue concerning the front lot. From Rod Williams: I also found a deed (510 -373) that purports to have transferred the front lot (53A -A -5) in 1979 to Michel, Incorporated. I did not find anything that seemed to have transferred it directly back from Michel, Incorporated to either of the Lingers, but I suppose that there could have been something at some point involving someone who owned it for an intervening period. We need a copy of the deed that transferred the property from Michael Inc back to the Ungers. Rod also stated that we will need a copy of Mr. Unger's death certificate. Let me know if you have any questions. Candice Perkins, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 (540) 665 -5651 (540) 665 -6395 (fax) cperkins @co fre_derick va._us w ww. co. frederick. va. us No virus found in this incoming message. Checked by AVG - http: / /www avg.com Version: 8.0.169 / Virus Database: 270.6.14/1646 - Release Date: 9/2/2008 6:02 AM J 9/2/2008 COA of FREDERICK ru Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 July 31, 2008 Mr. John Lewis Painter- Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 RE: Proposed Rezoning of the Unger Property Dear John: I have had the opportunity to review the draft rezoning application for the Unger Property. This application seeks to rezone .85 acres from the RP (Residential Performance) to the B2 (Business General) District. Staff's review comments are listed below for your consideration. 1. Eastern Frederick County ,Long Range Land Use Plan. The site is within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows the area where this site is located with a commercial designation. The proposed B2 Zoning is a business use and is generally consistent with the Eastern Frederick County Long Range Land Use Plan as it relates to this area. 2. Rezoning Application. The rezoning application provided is incomplete; section five of the application needs to be completed. 3. Additional Property. Parcel 53A -A -5, which is owned by the Ungers and is part of the proposed CVS development, should also be included with this rezoning. 4. Bike Path. Route 522 is identified on the Frederick County Bicycle Plan as a short term destination. A bicycle /pedestrian path should be provided along the frontage of the site. 5. Deed and Plat of the Property. The deed provided with the application references a site that is over one acre in size, but the rezoning is for a .85 acre property; indicate if this is the correct deed. A recorded plat of the property also needs to be included with the application. 6. Proffer 5. Proffer 5 references the name of the adjacent property (the Continental Restaurant); the proffer should be revised to reference the PIN of the adjacent property. 7. Transportation Proffers. As indicated by VDOT, the proffer should also guarantee the closure of the crossover in the Route 522 median and the construction of the left turn lane at the second crossover. S. Transportation Improvements. Proffer 2 should be revised to state that the transportation improvements must be completed prior to the issuance of any certificate of occupancy. Proffer 2a does not reference the sidewalk that is shown on the GDP. Proffer 2 should be revised to include the completion of the sidewalks /bicycle paths shown on the GDP. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 Page 2 Mr. John Lewis RE: Proposed Rezoning of The Unger Property July 31, 2008 9. Exhibit 2 and GDP. There is a property shown between the Continental and the CVS site that is shown on exhibit 2 and the GDP; reference the ownership of this parcel. 10. Agency Comments. Please provide appropriate agency comments from the following 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, the local Fire and Rescue Company and the Frederick- Winchester Service Authority. 'Fire proposed, proffers have been forwarded by staff to the Frederick County Attorney. Once attorney continents are received by the Planning Department they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 11. Special Limited Power of Attorney. Provide a power of attorney for the property owners. 12. Fees. The fee for this application includes a $5,000.00 base fee plus $200.00 per acre, and a $50.00 public hearing sign fee. This is based on fees as of April 28, 2008. 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, C _.�6� 1 2f , t.LrC 1 Candice E. Perkins, AICP Senior Planner Attachments cc: Vent and Frances Unger, 5179 Barley Drive, Stephens City, VA 22655 CEP /bad Um.ocr Doherty Impact Analysis Statement - VDOT comments to Rezoning - Route 522 North, Frederic... Pa-c I of 1 Jill Fries From: Funkhouser, Rhonda [ Rhonda .Funkhouser @VDOT.Virginia.gov] Sent: Thursday, July 24, 2008 2:38 PM To: Jill Fries, office @painterlewis.com; jclewis @painterlewis.com Cc: John Bishop; elawrenc @co.frederick.va.us; Hoffman, Gregory; Smith, Matthew, P.E. Subject: Unger Property Impact Analysis Statement - VDOT Comments to Rezoning - Route 522 North, Frederick County The documentation within the application to rezone this property appears to have significant measurable impact on Routes 522 North and 1318 These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT_ is not satisfied that the transportation proffers offered in the Unger Property Rezoning Application dated July 15, 2008 address transportation concerns associated with this request. We offer the following comment: e We feel the proffer statement should include closing the first crossover to the south and provide a left turn lane at the second crossover to the south to accommodate U- Turns. 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 aalization, and off -site roadway improvements and drainage. Any work performed on the State's right - ay 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. <<S C N_20080724114230_001. pdf>> I -(Wont T. Hoffman, Supervisor Vir inio Department of Transportation Edinlnn;{ Residency -- Land Development 2275 Nortlauestern Pike Winchester, VA 22603 Phone 0,540).53.5-1824 Fax #(540) 535 -1846 • 7/24/2005 L9 • Mail to: Virginia Department of Transportation Alta: Rasiclenl Engineer 1 %1031 Old Valley Pike Edinburg. Virginia 22824 (540) 984 -5600 Hand deliver to: Virginia Department oFTransportation Aun: Resident Engineer 2275 Nolihwestern Pike Winchostcr. Vir <jnia Applicant: Please rlf out the informalion as accurately as possible in oidei to assist thc. ��- Vii-,inia Department of Transportation Nvith their review. Attach tlit-ec copies oPynur appliention form, location 111111), proffer statoment, impact nnalN�si.s, and any other pertinent information. Applicant's Name: PQ�))� C Tclephoue: _�j4�1 (4' 77 <�a G � p Nladim Address, c �� ��Iltff CC _�� -��I �U'i1�C • Location ofhivperty: D rug C V l S`5 Currentzoning:�� Loiiin��requcstecL ��Z a.cIC.11— ! -- Vir;,inia Department of Transporlation Comwen(s: See attached email. from VDOT to Pa inter _Levi�slatetLJu1 }..24- ,__20Il8 VDO "I Signature S, i)ate: _.._........., - -. Po oticff'IJT l t a c isor 07/24/08 I�{31FI�iditer iS • X�H T ' Virginia ®epartnentofTransportntion � From:ADMIN • 3/2008 09:33 #246 P.001/001 • � .r ,4tCyE FQ `E5 t Y i Ns. .gan Review Control number Dale received hate .eviewec Date Rew A RZ08 -0010 7/1812008 723/2008 Project Name Applica , :t Unger Property Painter I- ewii,PLC Address City gtnte ;5p Applica. P1one 817 Cedar Creek Grade, Suite 120 Winchester 'rP 22601 540 -665 5732 Type Application Tax ID Number Fire Distn :t Rescue District Rezoning 53A -A -6 15 15 Current Zoning Election Distric t RP Recommendation =y Stonewall Automatic Sprinkler System Automatic Fire Alarm System Residential Sprinkler System No No No Other recommendation Emergency Vehicle Access Hydrant Location Fire Lane Required Not Identified Not Identified No Siamese Location Roadway /Alsleway Width Special Hazards Not Identified Not Identified Nc Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Reviewed By Signature '` eft N. Yes J. Neal . • 0 Rezoning Comments 0 Frederick County Department of Public Works Mail to: Fredorick County Dept. o('Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Viiginia 22601 (540)665 -5643 Hand deliver to: Frederick County Dept. ol Works Attn: Director ofEm ineerino 107 North Kent Street, Suite 200 Winchester, Virginia :E , cnt: Please fill out the information as accurately as possible in order to assist the tment oCPublic K�orl.s va�ilhthcir revie��F. Attach a copy of your application formon map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: C�L (_.�, l elej hon ri }r S Z n U PLe� qq h w � Mailing; Address: /0 I�`✓ LC — �'IV. t{A n � S C �P Vr „ P SUr i3 c 1 Location olproperty: ROU bef i, t h U�e)� 171U(L �2(Jiy I r , J,e C(_i , )d I I Lane Current zoning: %CP Zoning requested: 62 _ -_ Acreage: i 0� Department of Public Works Comments: 1 V'e S'e - 1 S 1 Q �l1 S 4'Vl + r^ V11C Vl �Ub�l LC f _ Public Works S4gnatuie & Date: ��_ ���� Notice to Dept. of Public Works lease I2cturir "I ltis Form to fire Applicant • 19 0 0 L Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick Count, Sanitation Authority Atm: Engineer 1 Box 1877 Winchesten Virginia 22604 (540) 568 -1061 Hand deliver to: F'redeiicicCounty Sanitation Authority Attn: Engineer 315 Tasker Road Stephens Citv, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their reviem% Attach a copy of your applieatiou form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: ' 1 f 7 Telephone r j � W- 3-S - 7 (.1' Mailing Address.RG - ffiL - � { P4(- Mr. ,J tha l ac o 917 U&i- Igo (,(1CI tC�S'k.i ( i � .ocationofprop e rrty: ° bc.hJter" Uje.3tI 1(,V1,5{Cj' l a, '!L� W l.�(:l'V �ft.lne CUITent zoning: r d .0 Zoning requcstec: Acreage: n LJ ,Sanitation Authorlh Comments: II ?f,E.4.F /� ftl.>�_�(� S•� /,�� IiV�Ti� Sanilalion Authority Sign<3uu'e &. hate. � %� / 7 Notice to Sanitation nthority - Please Return This T0]'m to the Applicant 23 • Rezoning Comments Frederick - Winchester Service Authority Mail to: Fred -NVinc Service Authority Atm: Jesse W. Moffett, EXecutive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722 -3579 Hand deliver to: Fred -Wine Service Authority Atm:.Jesse W. Moffett 107 North Kcnt Strect Winchester, Virginia Applicant: Please till out the information as accuiratehr as possible in order to assist the Fred - Wine Scivice AnthoriL with theiireview. Attach a copy of you r application foam, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: � 4_ _ L Celephone. 5 qQ -U-))— S 71j Mailing Address: C 16 P o Lev - kei, fl S PLC, — 01r- Vlah r�L�r�J /� �(� Cerl� -v � ?� C)I-c tf� l3 U Iocationof property �� Current Zoning: Zoning requested: Acreage: e d5 I Frnil _�,�:P�r�,C,,n��•.y�i/��/e1, .'��r tl�n r•i t�:�y ('t�;n »ipn tc• I Fred -Wine Service Authori[y � ( �"^ Sicnatttre ,e, 1�,,,1 1•�t,•- Ire � ��f� 4� Notice to Fred -Nine Scrvice Authority - Please Return Form to Applicant • 31 0 0 flail to: Frederick - Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722 -3450 0 Hand deliver to: Frederick - Winchester Health Department Attn: Sanitation Engineer 107 North Kent Sheet Suite 201 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick - Winchester Health Department with their review. Attach if copy of,your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: pt- C Telephone \ --'� - Nlailing Address: C/ O fl nf(r- 1,1 )(( i5_ PLC, E Location of property: Rol Yf- C f l et) W6�+ III L0S f - V - OCUAkN9uT�4 1 I ttv (ltul f�1Ch ow(e, - - - - - -- Current Zoning: _lam L' Zoning requested: Acreme: S irr i ick -A'Vln •hcstc' i Ica ith MPH uJMent's Couuncnts: r��rlr ?:ma lMt to A, ^.•�,.�'.1n rrElu:. .f. T� Health Depi. Signatuie & Date: _ �e Notice to Health Department - Please Return This Form to the Applicant • 2 / Frederick- Wincliestet Health Department V '��� y "�� y"11]A Auo. 7. 2008 11:03A0 Fred CO Parks dad Rac No. 48'3 P. 2 Rezoning Comments.. t; Frederick County Department of Parks & Recreation M ail to: Frederick County Dehal of Parks & Recreation 107 North Kent Sweet Winchester, Virginia 22601 (540) 665 -5678 1j a pi deliv to: Pr_ cici ick County D p3runent of Parks CZ Recreatio Ci,urity Administration Bldg. 21W F!ooi IC 7 North IZcnt Street Winchester, Virginia L rit: Please MI out tilt information as accuraatl. < possMc in order to assisr it ent ofParks & Recaeation with their review, Athich a, copy oflyoul• appll`cr1I cation map, proffer statement, iliipaet anaty,Bis, and any other pertinent i Applicant's Name: RJLA W o tt?i f Mailing Acicleess: c /C) PAM i r Le o LS U:�-Jdir1 115' Location of property: a oil t trKor i Lau ,_ Curl'etlt zoiaiI g. V L.oning 1tquested _ /! i3ElTariilil=li t of ral"tiC' W I:e Cre ?, f[L'71 f. 6lnmer:Fs: I'ks. & Rec. Signature & ,Date: i % Notice to Department of Parks & Recreation 1'le:asc ]2ehlrn 'i'his Form to the A. )pliant C 21 ' *MHENT 0 Mail to: Frederick Count)' Public Schools Attu: Superintenclent P.O. Box 3508 Winchester, Virginia 22604 (540) 662 -3888 Hand deliver to: Frederick County Public Schools Atm: Superintendent School Adminisunation Buddims 1415 Amherst Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Superintendent of Public Schools with his review. Attach a copy- of your application form, location map, proffer statement, impact analysis, and any other pertinent information. • Applicant's Name: 1Qlfb( -V �� Telephone: 783 Mailing Address% �� ��5 - - - hn lt, 1 s ✓ t•�tt �e – I� c 6 uiV L� ) Location of property: K�S LJ Current Zoning: _ RIP requested: t Acreage: t cY5 II u tcrmtenucnt or canoe Schools! l.ommcnis: t � ' - 4L SuperintcndcnCs Signature cC Date: <pc __.`. ) lov – Notice to School Superintendent- Please Return This Form to the Applicant 3f • 22 J { Superintendent of Frederick County Public Schools ,�,,, 9 Rezoning Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, V iroinia 22602 (540) 662-2422 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your applic;ttion form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: �(�jh y (�1a1�FL(- Telephone: .2O-l�,e - S7q,-:) Mailing Address�kd f (II4,0 - Lj,(fS Au r jhO � ACC 1 0 5 . I,ocationofpropert)': hil�iT[>✓ S�� (���fl,e�tPef� �,t�CSfV'Y1(.i'1S(t -'. L ll i��_.. Current zoning: _ Zoning requested: b2- Acreage: i ffs Winchester Regiozat An Co:nnnents: Winchester Region it Airpott's Signature S- Date 1 Notice to Winchester Regional Airport - Please Return Form to Applicant 0 28 0 1 0 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 -2422 July 21, 2008 John Lewis Painter - Lewis, PLC 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Re: Rezoning Comment — RP to B2 Unger Parcel — North Frederick Pike Stonewall Magisterial District Dear Mr. Lewis: We have reviewed the proposed Rezoning application and determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's • airspace, it does fall outside of the airport's Part 77 close in surfaces. Thank you for your continued cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail: rwillia@co.frederick.va.us MEMORANDUM TO: Candice E. Perkins, AICP Senior Planner FROM: Roderick B. Williams �/��_ / County Attorney V �/�/ DATE: August 6, 2008 RE: Unger Property — Proffer Statement Review I have reviewed the above - referenced proposed Proffer Statement. It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following: Introductory paragraph — Concerning subsequent amendments or revisions to the proffers, to read more clearly, "and such are approved by the Board of Supervisors" should read "and such subsequent amendments or revisions to such conditions are approved by the Board of Supervisors ". Also, the reference to "TM #s 53A -A -6" should not include the plural "s" and, in the last sentence of the paragraph, "owner" should be plural. Proffer I — The proffer should state that the use and development of the subject property shall be in conformity with the Generalized Development Plan (GDP) dated 07/08/08, identified as "GDP ", and which is attached to the proffer statement, and should then indicate the matters that the GDP reflects. Proffer 2b — To avoid any later ambiguities, the references to the parcels served by the entrance should be generic, that is, to the subject parcel and to TM# 53A -2 -C (or, if greater specificity was intended or desired concerning the neighboring property in particular, the proffer could state "... to the subject parcel and to the commercial establishment [or, for more specificity, "the restaurant'] on TM# 53A -2 -C ... "). 107 North Kent Street • Winchester, Virginia 22601 Candice E. Perkins, AICP August 6, 2008 Page 2 Proffer 3 — For consistency with the terminology of the Zoning Ordinance, the applicant may wish to change "pharmacy" to "drugstore ". For clarity, the reference to square footage and improvements would read better as "containing a floor area of approximately 13,225 square feet and associated improvements ... ". The last part of the proffer should state that the structure /improvements will be constructed in conformity with the GDP. Proffer 5 — The GDP does not show the referenced easements. Closing paragraph — The reference to "owner" should be plural. The final version of the rezoning application form will need to indicate the capacity in which the signatory for the applicant is acting (e.g., title) and, as well, the form and the proffers will need to be signed by both owners. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission.