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HomeMy WebLinkAbout08-08 CommentsI Mike Ruddy From: John Lewis [jclewis ©painterlewis.com] Sent: Tuesday, September 23, 2008 3:45 PM To: 'Mike Ruddy' Subject: RE: Omni Design /Build Botanical Square Sure does. Original Message From: Mike Ruddy mailto :mruddy @co.frederick.va.us] Sent: Tuesday, September 23, 2008 3:22 PM To: 'John Lewis' Subject: RE: Omni Design /Build Botanical Square Thanks John. I would rather not present a new set of proffers to the PC as I don't want them to table the application for 45 days per their bylaws. I would suggest that I let the PC know during my presentation that you have committed to making the changes, that I have seen the proposed language in an updated statement, and that it will be incorporated into the proffer that will be presented to the Board. Does this work for you? Thanks. Mike. Original Message From: John Lewis [mailto:jclewis @painterlewis.com] Sent: Tuesday, September 23, 2008 9:13 AM To: 'Mike Ruddy' Cc: 'Jill Fries'; OmniWendellJ @aol.com; Thomas Moore Lawson (E -mail) Subject: Omni Design /Build- Botanical Square Mike: Per our telephone conversation last week, I have made minor revisions to the proffer statement: Proffer #3 has been revised to commit $150,000 to improvements if the applicant doesn't install the traffic signal; Proffer #5 has been revised to limit building floor area to 36,000 sf. A copy of the revised proffers is attached. Let me know how this will be handled at the PC meeting next Wednesday. Thanks John John C. Lewis Painter Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Off.: 540- 662 -5792 Cel.: 540- 323 -5559 No virus found in this incoming message. Checked by AVG http: /www.avg.com Version: 8.0.169 Virus Database: 270.7.0/1685 Release Date: 9/22/2008 1 TO: Michael T. Ruddy, AICP Deputy Planning Director FROM: Roderick B. Williams v 2 County Attorney DATE: September 29, 2008 MEMORANDUM RE: Botanical Square Proffer Statement Review 107 North Kent Street Winchester, Virginia 22601 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail: rwillia @co.frederick.va.us 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: Rezoning Application (re TM #53 -A -76) The Application needs to reflect the interest of Robert B. Johnson in TM #53 -A -76 and include a power of attorney or signature on his behalf. Specifically, the deed at Deed Book 586, Page 878 shows a conveyance to Robert B. Johnson and Nancy R. Johnson, as tenants by the entireties, and the applicant provides no evidence of any subsequent disposition by Mr. Johnson. Rezoning Application (re TM#53-A-77) The Application also does not adequately reflect Nancy R. Johnson's acquisition of her interest in TM #53 -A -77. Paul C. Renner and Clara H. Renner appear to have been owners, per conveyance at Deed Book 573, Page 484, and Clara H. Renner the sole heir of Paul C. Renner per the affidavit at Deed Book 969, Page 531, but the only document referencing Nancy R. Johnson with respect to this property is a purported qualification of her as executor, dated June 18, 2004, and referencing a will of Clara H. Renner probated on June 28, 2000. My copy of the application materials does not include a copy of that will, and related documents, to establish Nancy R. Johnson's ownership interest. Michael T. Ruddy, AICP September 29, 2008 Page 2 Rezoning Application (Powers of Attorney) The Application does not include a power of attorney authorizing Painter Lewis, PLC to act on behalf of Omni Design Build, Inc. Also, the powers of attorney that are presented authorize Painter- Lewis, PLC and not any of its agents to act. This would not be a problem, except that the applicant signature does not indicate the capacity in which such person is acting for Painter Lewis, PLC. Until the Application addresses these concerns, the applicant is the person who has signed as applicant and that person is acting solely in his or her personal capacity. Rezoning Application (nature of rezoning and item 9) The Application itself fails to state the type of zoning sought. Page 2 of the Proffer Statement indicates that the requested zoning is B2. Item 9 does not state any square footages of proposed uses. Proffers introductory paragraph The reference to "owner" in the last sentence of the paragraph should be plural. Proffer 1 For clarity, the beginning of the paragraph should state that the Applicant agrees to proffer the Generalized Development Plan (GDP) dated 07/01/08, identified as "Botanical Square /Route 50 West and which is attached to the Proffer Statement. Proffer 5 The reference to the Frederick County Department of Planning and Zoning should be to the Frederick County Department of Planning and Development. The Proffer states that the trail will be owned and maintained by "the property owner but the reference to the owner should be plural and should clarify, in the event that the four parcels do not come under common ownership, whether "the property owner[s]" refers to the owner(s) of TM #53 -A -76 and TM #53 -A -77 or to any and all persons as may have an ownership interest in one or more of all four of the subject parcels. Likewise, in the last sentence, the reference to "the property" should clarify whether it refers to just TM #53 -A -76 and TM #53 -A -77 or to all four of the subject parcels. Proffer 6 Some of the provisions of this Proffer may be open to significant interpretation, including what "constructed using compatible architectural style and materials" means and "[d]esign elements shall be compatible with Frederick County Proffer 8 The second reference to square footage should be the same as the first reference (36,000 square feet) and, following that second reference, the Proffer should reference Peak Hourly Trips as well as AADT. The Proffer would allow the Traffic Impact Analysis that would be used to support an increase in building square footage to be prepared by a consultant of the Applicant's choosing. As for the second sentence, it is unclear in the context of the Proffer. The requested rezoning is to B2. Therefore, the area to be built would automatically be Michael T. Ruddy, AICP September 29, 2008 Page 3 commercial and any determination through the site plan review process of the size of that area may contradict with the limitations that the Proffer sets forth in the first sentence. Closing paragraph The reference to "owner" should be plural. In the second sentence, "grant" should be "grants Relevant to the signature pages, the same concerns regarding ownership and signatures as are applicable to the Application apply as well to the Proffer Statement. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that that review will be done by staff and the Planning Commission. SEP 2 4 2008 TO: Michael T. Ruddy, AICP Deputy Planning Director MEMORANDUM FROM: Roderick B. Williams(/ County Attorney V \b /1) DATE: September 23, 2008 RE: HHHunt Route 50 Assisted Living Facility Revised Proffer Statement dated September 5, 2008 107 North Kent Street Winchester, Virginia 22601 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail: rwi I l i a @co. frederi ck v a. us I have reviewed the above referenced Revised Proffer Statement, dated September 5, 2008, and the correspondence from Bowman Consulting, dated September 22, 2008. It is my opinion that the Revised Proffer Statement is generally 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: Third paragraph Proffer 3.2 The Revised Proffer Statement should provide a specific identification, other than what is shown on the GDP, of the precise portion of the Marathon Bank/United Bank property (Parcel 53B -3 -24) that is subject to the rezoning and the Revised Proffer Statement. Also, throughout the Revised Proffer Statement, it may be best simply to refer to the bank as "Marathon Bank/United Bank Proffer 3.2 The Revised Proffer Statement does not explain that the referenced items in Proffer 3.2 are on Ward Avenue. Likewise, the reference to "the southern boundary line of the Property" should clarify that it is•to the southern boundary line of.the Marathon .Bank/United Bank property, as that is what appears to be intended. Seeing as how Marathon Bank/United Bank has now joined as a party to the Revised Proffer Statement (which Marathon Bank/United Bank has signed), the Revised Proffer Statement should state that Marathon Bank/United Bank will grant or dedicate the referenced right -of -way, easements, and the like. Finally, the Revised Michael T. Ruddy, AICP September 23, 2008 Page 2 o Proffer Statement should identify a specific time or event which triggers Marathon Bank/United Bank's obligation to make the undertakings. Proffer 3.3 The Revised Proffer Statement currently contains two items numbered as 3.3. The second 3.3 should be changed to 3.4. In the first 3.3, the word "potential used to describe inter parcel access, creates ambiguity as to whether the Applicant will in fact allow any inter parcel access. The Application will need to be signed by all owners of all affected parcels and the application materials need to include copies of any powers of attorney that have been used for the Application and/or the Revised Proffer Statement. In this regard, I note that Mr. Cook has now signed the Revised Proffer Statement for all persons other than Marathon Bank/United Bank. Also, thejurat for Ms. Sharon Poe's signature still indicates that Mr. Lawson was signing for her, but the signature appears to be that of Mr. Cook. Finally, the power of attorney for Parcel 53B -3 -25 will need to indicate the capacity (office /title) in which the person granting the power for PHTH Properties, LLC is acting. Along related lines, the Applicant will need to resolve the questions regarding the ownership of Parcels 53 -A -81 and 53 -A -82. The only documentation that the Applicant has produced so far are two deeds for Parcel 53 -A -82 (the eight acre parcel), each conveying one quarter interests jointly to Ms. Funkhouser and Ms. Poe. This leaves unexplained the remaining one -half interest in the parcel, as well as the entire interest in Parcel 53 -A -81 (the one acre parcel). Until all owners of all relevant parcels have executed the Rezoning Application, the matter is not properly before the Commission or the Board. Furthermore, the Revised Proffer Statement would not be binding as to owners of relevant parcels that do not execute it. 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. Frederiek emoity. Dep ra tment alannin_ TO: John Lewis FROM: Michael T. Ruddy, AICP A Deputy Director RE: DATE: June 27, 2008 Rezoning Comments Omni Design Build, Route 50 West 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 The following points are offered regarding the Omni Design Build, Route 50 West Commercial Rezoning application. Please consider them as you continue your work preparing the application for submission to Frederick County. Omni Design Build. Route 50 West Commercial Rezoning Rezoning Comments. General. Please provide a consolidated plat of rezoning which clearly identifies the boundaries of the parcels for which the rezoning is being requested. A metes and bounds description should be provided. More detail needs to be provided regarding Echo Lane, its ownership, and the ability to rezone, modify, expand upon, or dedicate the right -of -way. It would appear as though the echo lane right -of -way is for the benefit of the adjacent property to the north. Access to the neighboring property should be addressed further. Please ensure that all review agency comments are fully addressed. Land Use. The property is located in the SWSA and is designated as an area of commercial and use, adjacent to Route 50, by the Round Hill Land Use Plan. This commercial request is considered supportive of the land uses identified in the Comprehensive Plan with particular care being taken to sensitively integrate the development of the site and the corridor appearance along Route 50 and Botanical Drive. Omni Design Build, Route 50 West Commercial Rezoning Preliminary Rezoning Comments June 27, 2008 Page 2 Special consideration should be provided to ensure that the impacts to the adjacent residential property are sensitively addressed with a careful approach to the design of the north end of the site Particular effort should be made to provide for enhanced design of the project to facilitate improved con appearance along Route 50. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this achieved. Consider providing more design details, including the form of the layout of the site and the building materials, which would implement the goal of developing an attractive addition to the Round Hill area. Ideally, you would guarantee this would be how the site would develop by incorporating into the proffer statement. Examples consistently used in the current development in the corridor have included brick construction and in several cases, standing seam metal green roofs. It appears as though a 50 foot landscape buffer is being proposed, within which will be a ten foot asphalt trail and new landscaping. It would be preferable to preserve areas of mature trees and specific specimen trees within this area, and elsewhere on site, to enhance the corridors appearance and minimize the impacts on this natural resource. Impact Analysis. The Development Impact Model recognizes impacts to Community facilities and services. Please adjust your Impact Analysis accordingly. The development of this site will have an impact on Fire and Rescue Services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. The Applicant has proposed a monetary contribution in the amount $5,000.00 for impacts to fire and rescue services for the benefit of the Round Hill Fire and Rescue Company.. Please revise this language to direct the contribution to "Frederick County for Fire and Rescue purposes". It is the County's Policy to allocate proffered contributions to the first responding company. The analysis of this site from the TIA perspective is not consistent with the most intensive use of the property based upon the permitted uses within the B2 Zoning District. Transportation. It is anticipated that additional right -of -way may be necessary along Route 50. A mechanism should be considered which would enable any right -of -way necessary for future improvements to be dedicated to the County. Future right -of -way dedication should be based upon the road improvement plans as approved by VDOT and Frederick County. Omni Design Build, Route 50 West Commercial Rezoning Preliminary Rezoning Comments June 27, 2008 Page 3 Access management of Route 50 is a significant consideration. An additional entrance, even a restricted movement entrance, in close proximity to the existing signals should be avoided. The function of the existing signal at Route 50 and Botanical Drive should continue to be enhanced. Access from Botanical Drive is preferred. Please provide confirmation of the ability to utilize the entrance located on Botanical Drive. As stated previously, the analysis of this site from the TIA perspective is not consistent with the most intensive use of the property based upon the permitted uses within the B2 Zoning District. hn addition, the TIA identifies levels of surface that are less than that which is the goal of the Comprehensive Plan; a level of service C or better. Without further commitments in the Proffer Statement, the conclusions of the TIA are questionable. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach should be considered with this request. Pedestrian accommodations should be provided in a coordinated manner internal to the project, to the adjacent commercial properties, and along the Botanical Drive. This should be addressed at this time. Proffer Statement. The Generalized Development Plan accompanying the Proffer Statement could be enhanced to address some of the comments identified. It may be prudent to maintain specificity on important elements such as the access, pedestrian accommodations, building and site design, tree preservation, and buffering and landscaping. A date should be provided for the GDP. The entrance on Route 50 should be removed based upon previous comments. The County recently approved new signage regulations which would be applicable for the development of this site. Therefore, proffer #7 may be unnecessary. It would be preferable to state that the proffered value of Proffer 44, the value of a signal, shall be the value of a signal at the time which the signal is deemed necessary by VDOT or the County. This would ensure the value proffered is consistent with current costs at the time the improvement is provided. Omni Design Build, Route 50 West Commercial Rezoning Preliminary Rezoning Comments June 27, 2008 Page 4 Other. I would suggest an alternate approach to the buffer and landscaping proposed along the frontage of the property. It would be desirable to ensure that the existing mature trees are preserved to the greatest extent possible. Identified specimen trees should remain undisturbed. Consideration should be provided to establishing construction fencing around any protected trees prior to any land disturbance to ensure that the protected trees are not removed or damaged. It may be desirable to promote the location of the commercial buildings, other than a car wash, as close to the front setback as possible. This would also result in the location of any parking areas to the side and rear of the commercial buildings. The relegation of the parking areas would be considered as an enhancement to the appearance of the Route 50 corridor and the Botanical Drive corridor. MTR/bhd Virginia Department of Transportation. Comments: See attached e mail fr VDOT 4' E e l r_ti__ e f.rl r G. 1 t VDOT Signature Da t ��Va� Notic ti I 9 DOT Ple t t �t111 t egory T. Hoffman and Develo.ment Su.ervis. 10/2008 For: Lloyd A. Ingram, Transportation E Rettrn Form to Applicant Rezoning Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident. Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Mailing Address: Current zoning: g Zoning i'equested: 8 2- 18 Hand deliver to: Virginia Department of Transportation Attu: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent. information. Applicant's Name: CIV1 n i Pe sir Bo( Id Inc Telephone: 5 J'� t-I SU 7O c1 P c/0 au ter Laviis PLC ,john Levis 81? CP,cIar Crteii erode- Suit 120 w li'l chestier, VH Location of property: Roi WC S E pp ro'Mn iatt V MI le west of +-be Route 5D f 3` lfferchano-e Acreage: `7. 0c 1 gineer Omni Design Build Route 50, Frederick County VDOT Comments to Rezoning Page 1 of 2 John Lewis From: office [office @painterlewis.com] Sent: Tuesday, June 10, 2008 12:47 PM To: 'Jill Fries'; 'John Lewis' Subject: FW: Omni Design Build Route 50, Frederick County VDOT Comments to Rezoning Attachments: SCN_20080610121237_001.pdf From: Funkhouser, Rhonda [mailto: Rhonda .Funkhouser @VDOT.Virginia.gov] Sent: Tuesday, June 10, 2008 12:14 PM To: Jill Fries; office @painterlewis.com Cc: Eric Lawrence; Bishop, John A.; Hoffman, Gregory; Smith, Matthew, P.E.; Copp, Jerry Subject: Omni Design Build Route 50, Frederick County VDOT Comments to Rezoning The documentation within the application to rezone this property appears to have significant measurable impact on Route 50. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Omni Design Build Rezoning Application dated May 1, 2008 addresses transportation concerns associated with this request. VDOT has the following concerns /comments: o Because of the high volume of traffic on Route 50 and for the safety of the traveling public, VDOT does not recommend a right in /right out entrance along Route 50. The proposed entrance is not included in the Frederick County Master Development Plan. 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. 6/10/2008 o VDOT recommends a traff signalizatinn a gree me nt f 100% f of a traffic signal at Botanical Boulevard. Signalization funding should be unrestricted to allow for its use towards other transportation improvements along this corridor if a signal is not warranted. Omni Design Build Route 50, Frederick County VDOT Comments to Rezoning Page 2 of 2 «SCN_20080610121237_001. pdf» Gregory T. Hoffman, Land Development Supervisor Virginia Department of Transportation Edinburg Residency Land Development 2275 Northwestern Pike Winchester, VA 22603 Phone #(540) 535 -1824 Fax #(540) 535 -1846 No virus found in this incoming message. Checked by AVG. Version: 8.0.100 /Virus Database: 270.2.0/1494 Release Date: 6/10/2008 7:22 AM No virus found in this incoming message. Checked by AVG. Version: 8.0.100 Virus Database: 270.2.0/1494 Release Date: 6/10/2008 7:22 AM 6/10/2008 From:LIFESAFE Control number RZD8 -0002 Project Name Omni Commercial Development Address 817 Cedar Creek Grade Suite 120 Type Application Rezoning Current Zoning RA Siamese Location Not Identified No Other recommendation Emergency Vehicle Access Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan approved as submitted. Plan Approval Recommended Yes Date received 2/13/2008 Tax ID Number 53 -A -74, etc. :.9 er r@t c .2n 1y Find st?. (t of the an Revuc5wr ae. c9 I ®eiveas e City Winchester Recommendations Automatic Sprinkler System Automatic Fire Alarm System Reviewed By J. Neal No Requirements Hydrant Location Not Identified Dsle reviewed 2.'5/2008 Applicant Painte. L.r,eis. PLC Fire Dist ct 15 Roadway /Aisleway Width Special Hazards Not Identified Nu S�ata Zip V, 22601 4Ii 15/2008 10:10 tt792 P.001 /001 IT c by:, Rescue District 15 Frrr Lane Required No F:esidential Sprinkler System No Sipnatb] e _�91w'(,!(�(,�J rule _t+S� T•...� Date Fevi s cd Gainesborc App ica' Phone 540.66: `.792 Election Di;tric Mr. John Lewis P.E. Painter Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester. Virginia 22601 United States of America RE: Omni Design Build Rezoning Application Frederick County, Virginia Dear John: April 4, 2008 A review of the rezoning application and related impact analysis for the Omni Commercial Development property revealed that the drainage narrative needs to be revised to reflect the as -built conditions to the east and west of the project. As a matter of record, the stormwater management facility constructed on the Wal -Mart property to the west was designed to attenuate runoff and compensate for any downstream development north of Route 50. Likewise, the drainage system on the Valley Health property located to the east of the subject property was designed to intercept and channel stormwater flows across their property and under Route 50. We recommend that the narrative and Exhibit 3 be revised to reflect the above conditions. We also recommend that you review copies of the down gradient drainage system design to insure that they have been adequately sized to accommodate storm flows from the Omni Commercial Development property. Our recent site inspection revealed that four (4) drop inlets have been constructed on the west side of Botanical Boulevard to intercept storm runoff from the Omni property. The grading around two (2) of these appears to restrict flows into the inlets. The actual locations of these inlets should he shown on Exhibit 2. You are welcome to review copies of the approved plans and stormwater calculations that are currently maintained in our record files. HES /rls cc: planning and development file U: \rsa rgen t\ Rhonda \TEM PCOM M ENTS \OMNID ES I G NRLD REZC OM. d oc Sincerely, 6. Harvey E. St(ajvsnyder, Jr., P.E. Director of Public Works 107 North Kent Street Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Public Works 540/665 -5643 FAX: 540/678 -0682 A Fred-Wine Service Authority's Comments: 00 Gv driella{'y Fred Auth�y's �/�ti ztt4k� Signature Date: Notice to Fred -Wine Service Authority Please Return Form to Applicant Rezoning Comments Mail to: Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722 -3579 Applicant: Please fill out the information as accurately as possible in order to assist the Fred WineServieeAuthority Attach a copy of your application fo rm,locatiot map, proffer statement, impact analysis, and.any other pertinent information. Applicant's Name:bblgnt Drstgv BUI 1 hC Current zoning: Frederick Winchester Service Authority Zoning 'requested: 31 Hand deliver to: Fred -Wine Service Authority Attn: Jesse \V. Moffett 107 North Kent Street Winchester, Virginia Telephones 97 Mailing Address: C-P hie? [r I ilLi is Pi r. John Le vA/S 3 C'rcia r (1i( Grade 5u ft /ao «Jillr.hy fcC P O' Location of property: RO\ bO t c3- IA) i fy.Vlf `,fel Ct 127K i Mark(( }m Acreage: Sanitation Authority Comments: 1 7 5 S80luz o aC S 'E/7c /E* W17Lr 4 d4/.4 T6Y5 5 %F. 5 C,1/' ,tC 7TY ro 51/5 Ve Sanitation Authority Signature Date: :ag Notice to Sanitation Authority Please Return This Form FES 0 a to the Applicant Rezoning Comments Frederick County Sanitation Authority Nlailto: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Mailing Address: Current zoning: PA- Zoning requested: 62-- 23 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens_City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review, Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name:0,11lr )cSiC�PI Bo (CI Nt Telephone: 540 ySy- L71697 C/0 Pa tr tv- LW.]ts i c Mr. JoJm (e, ;is 7'G u i 1 Ccdair (k rc /1 Ea L iP Suc i- 120 i �t'nch�,5ter V17:1- Location of property: R.004 50 Uvsf 64- LW /l<heA fe f r1proyAI Inajet Acreage: Y. OC/ 1! Fee r V'Jincl;est: r Health Department's ,.,...:rants: logo e. i �A a 2., n CC A 7 P14r. men 4S ho Ci L. I J Vt G lP 5 clS (41 1C auo U; wa :A( anc/ sev✓tr aYe l/ 1121'61, .46, Q A ;S W caJ ex: J rt� A .kks i i t� cv, 5tb� 7t�., r', am fi �;"e.11, L ?rug e�h elm�ic0PC hroaA 'AP R-' ,ge Health Dept. Signature Date: 2 as X Notice to Health Department Please Return This Form to the Applicant Rezoning Comments Frederick Winchester Health Department Mail to: Frederick Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722 -3480 Eland deliver to: Frederick Winchester Health Department Attu: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick- Winchester Health Department with theft review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Vtflt Descgn 13u c t r c Mailing Address: Pct 811 -Cajof Creek etrarie S l lao illtncltslc-r, OA ?alvot Location of property ROuiC 5 e 5-1- ()f kin9he tr1 Off i'ZiX (Y1lCQ1CZl� ntc Vo s. PLC M john Levu s v /4 mi {e UJeS of f he Recii c Sj 7 inn erci zone Current zoning: t Zoning requested: Z 24 Telephone: 5 MS') Acreage: U C RECEIVED FEB 13 2008 Rezoning Comments Frederick Winchester Health Department Mail to: Frederick Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722 -3480 Eland deliver to: Frederick Winchester Health Department Attu: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick- Winchester Health Department with theft review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Vtflt Descgn 13u c t r c Mailing Address: Pct 811 -Cajof Creek etrarie S l lao illtncltslc-r, OA ?alvot Location of property ROuiC 5 e 5-1- ()f kin9he tr1 Off i'ZiX (Y1lCQ1CZl� ntc Vo s. PLC M john Levu s v /4 mi {e UJeS of f he Recii c Sj 7 inn erci zone Current zoning: t Zoning requested: Z 24 Telephone: 5 MS') Acreage: U C RECEIVED FEB 13 2008 II tine of The 10' asphalt bicycle trail chrnrld ha inrinded within 1 a 7n'wirle public casement Trail maintenance should be with trail meeting County specifications. the responsibility of the owner and .ro. -r hould he provitlert Ai Pks. &Rea Signature Date: �2 Notice to Department o Pr rks Recreation Please Return i /�i�/�� S This Form to the Applicant Rezonin• Continents Frederick County Department of Parks Mail to: Frederick County Department of Parks Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665 -5678 Mailing Address: Current zoning: RA- 21 Si: Recreation Hand deliver to: Frederick County Department of Parks County Administration 107 North Kent Street Winchester, Virginia Recreation Bldg., 2nd Floor Applicant: Please fit[ out the inforination as accurately as possible in order to assist the Department of Parks Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name:0Vnrlr pC'SICD Bu vt 1 I c Telephone:, 5`VO Sd/ WoQ Pu1nter- (,oSc (PLC J +rIn 1a0S IS 1r1 Cec[Cili I' ejL Emel t Sc e 120 IA1 Clint er k141 �koor Location of property: ROt A O 5t (,Uiulc k1C Sc1 ctPF1 c" 1 tncitIL uacs4 4-hp Roo-c 5C (z`1 e' Zoning requested: Z Acreage: Oct July 31, 2008 Mr. John Lewis Painter Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 RE: Omni Botanical Square Property Rezoning; Tax Map 53 -A -74; 53 -A -75; 53 -A -76; 53 -A -77 Zoning District: Proposed B2, currently RA Dear Mr. Lewis: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, rTh Amber Powers Planner I ALP/bhd Planner 1 ALP/bhd cc: Rhoda Kriz, }ARAB Chairman 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 I I__ Winchester Regional Airport's Comments: pp �SJZ_ E A Winchester Regional Airport's Signature Date: y Y \eis_i i. ;II 1 S Notice to Winchester Regional Airport Please Return Form to Ap )licant Rezoning Comments Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662 -2422 Winchester Regional Airport 1-land 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 application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name:OI'1(h VCc1Q r0, 1VjC Mailing Address: 70 Pct tnLtin Levu i9 Pa- tier. teuois 81 ('ccid v (v -ee_.fr Grade 5cl1e I2 V11/2 rr4 es, ter hor 2 G,c,( Location of property: oJ +e 50 W esf of uJ i )c-S CQ t (1)y- o it V4 I`A lairs of -I-11e go x? /37 (h &itch ovie Current zoning: PA- Zoning requested: 2 28 Telephone: Acreage: L/ 0 9 February 15, 2008 Dear Mr. Lewis: Sincerely, Serena R. Manuel Executive Director WINCHESTER REGIONAL AIRPORT John Lewis Painter Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Re: Rezoning Comments Omni Commercial Development Route 50 West Gainesboro Magisterial District 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 -2422 The proposed rezoning request for the referenced property lies outside of the Part 77 surfaces of the Winchester Regional Airport therefore proposed uses under the rezoning request should have no impact on airside operations of the Winchester Regional Airport. Thank you for providing us the opportunity to review these plans and for supporting the operations of the Winchester Regional Airport. i t Superintendent of Public Schools' Comments: II Lek t'eif IAA) CPvwn c i Co- Superintendent'sSignature Notice &Date: 1t.2'0E3 -G1, rrC: Please Return This Forin to the Applicant r to School Superintendent Rezoning Comments Superintendent of Frederick County Public Schools Mail to: Frederick County Public Schools Attn: Superintendent P.O. Box 3508 Winchester, Virginia 22604 (540) 662 -3888 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, inrpact.analysis, and any other pertinent information. Applicant's Name: (9 fn )e.S 30 ICI 111 Telephone: I6 5 Mailing Address: /o Rt t fte.tr -1,e It's C. '1 0 Le' S_Lq 0 erin r C,rc (J-0 W tr ichc.s- l/A D (oar Location of property: Rca-Fc S l d f 0 �ti ie, uJ(Sf 6-1 +he Red+c 50) 37 (interchange Current zoning: RA Zoning requested: 132 22 Hand deliver to: Frederick County Public Schools Attn: Superintendent School Administration Building 1415 Amherst Street Winchester, Virginia Acreage: 4, 09