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Home My WebLink About11-08 Comments. i COUNTY of FREDERICK DEC $ ?DD$ Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail: rwillia@co.frederick.va.us December 5, 2008 VIA FACSIMILE — (540) 722 -9528 — AND REGULAR MAIL Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezonin Application — Willow Run Revised Proffer Statement dated November 17, 2008 Dear Evan: I have reviewed the above - referenced proposed revised Proffer Statement dated November 17, 2008. Again, as in my letter of November 14, 2008, I note that my comments do not supersede any comments made regarding the Proffer Statement dated February 12, 2007, which is in force as a result of the 2007 rezoning of the subject property. Subject to those comments, to the extent relevant, and the following, it is my opinion that the revised Proffer Statement dated November 17, 2008 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: - Proffer B2 remains unclear as to the timing of the dedication of the 5 -acre site to the County. Specifically, the Proffer says that the site would be deeded "in conjunction with the bonding of the public street or the acceptance of the public street serving the site ". I have underlined the new language added, but it would appear that a question remains as to the precise timing of "in conjunction with ". Also, would fulfillment of this requirement be required to occur by the earlier of the bonding of the public street or the acceptance of the public street? Along similar lines, the Proffer might state more clearly that the 5 -year sunset clause merely requires the County to indicate its desire to accept the site within that time, by stating that the events triggering the dedication need not actually occur within that time. 2. Proffer D5 still contains a date, December 1, 2008, that is before any possible approval of the rezoning (in fact, it has now passed) and, as such, it would appear that the Applicants need to explain their process for compliance, especially 107 North Kent Street • Winchester, Virginia 22601 0 0 Mr. Evan Wyatt, AICP December 5, 2008 Page 2 whether they will perform the proposed obligation irrespective of whether the County approves the rezoning. Also, regarding the dedication itself, in the revised statement "to provide VDOT with dedicated right -of -way, dedication ", it appears that the word "dedicated" before "right -of -way" may be deleted. 3. Proffer E5 remains unclear as to whether the commencement date of the 30- month period, during which the proffer amounts are not subject to CPI adjustment, is to be based upon the already- adopted approval of the rezoning (in 2007) or any approval of the rezoning now requested. If the Applicants intend or desire the latter, then I note for staff that this may represent a significant reduction in the present value of the amounts proffered. 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. Sincerely yours, 9 derick B. i rams County Attorney cc: Mr. Michael T. Ruddy, AICP, Deputy Director, Frederick County Planning and Development COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail: rwillia @co.frederick.va.us November 14, 2008 VIA FACSIMILE — (540) 722 -9528 - AND REGULAR MAIL r. Evar. `VV yatt, — Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Application — Willow Run Revised Proffer Statement dated October 14, 2008 Dear Evan: I have reviewedAhe above - referenced proposed revised Proffer Statement dated October 14, 2008. Because this is a revision based upon the Proffer Statement dated February 12, 2007, which was accepted in conjunction with the most recent rezoning of the subject properties, I incorporate by reference here the comments in Bob Mitchell's letters to Susan Eddy, dated October 23, 2 .006 and January 23, 2007, to the extent that the Proffer Statement dated February 12, 2007 did not address those comments. It is my opinion that the revised Proffer Statement dated October 14, 2008 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 above reference to previous comments and to the following: 1. Before "Preliminary Matters ", in the item designated "REZONING:", the description following the rezoning number should be "Residential Planned Community (R4) District with Approved Proffers dated February 12, 2007 to the Residential Planned Community (R4) District with Revised Proffers ". This would match the language in the first paragraph of "Preliminary Matters ". 2. Proffer B2 is unclear as to the timing of dedication of the 5 -acre site to the •County. Specifically, the Proffer says that the site would be deeded "in conjunction with the acceptance of the public street serving the site ". Does this mean that the site would under" no circumstances be deeded before acceptance of the public street or, if not, ;under what circumstances would the site be deeded? Along similar lines, the Proffer should clarify if the 5 -year sunset clause merely requires the County to indicate its desire to accept the site within that time or whether the dedication must actually occur within that 107 North Kent Street • Winchester, Virginia 22601 Mr. Evan Wyatt, AICP • November 14, 2008 Page 2 time. If the latter, such a requirement could be problematic in light of the public street acceptance provision. 3. Proffer D5 states that the Applicants "shall provide VDOT with all necessary right -of -way dedication plats for the northbound and southbound on and off ramps, including the two -lane roundabout on the east side of Route 37, no later than December 1, 2008 ". This is unclear, in particular regarding whether the Applicants intend actually to dedicate the subject right -of -ways, as opposed merely to preparing a plat. Language along the lines of that proposed to be stricken — "the Applicants hereby proffer to dedicate right -of -way ..." — and which incorporates a specific deadline would be clearer. Also, the particular date currently stated, December 1, 2008, is a date that would be before any possible approval of the rezoning and, as such, it would appear that the Applicants need to explain their process for compliance, especially whether they will perform the proposed obligation irrespective of whether the County approves the i rezoning. 4. Proffer E5 is not entirely clear as to whether the commencement date of the 30- month period, during which the proffer amounts are not subject to CPI adjustment, is to be based upon the already - adopted approval of the rezoning (in 2007) or any approval of the rezoning now requested. If the Applicants intend or desire the latter, then I note for staff that this may represent a significant reduction in the present value of the amounts proffered 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. sincerely yours, Roderick I3: Williams County Attorney cc: Mr. Michael T. Ruddy, AICP, Deputy Director, Frederick County Planning and Development NOV 9 b 2008 GREENWAY ENGINEERING \ COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 TO: Evan Wyatt, AICP FROM: Michael T. Ruddy, AICP n cp.Ury, i.eCter RE: Initial Rezoning Comments — Willow Run Conditional Zoning Amendment. DATE: November 6, 2008 The following comments are offered regarding the Willow Run Conditional Zoning Amendment submitted to this department for review on October 17, 2008. Please consider them as you continue your work preparing the application for submission to Frederick County. Transportation Proffer D) 5 With the initial rezoning of this property, the Applicants made a commitment to the County to advance and implement a significant component of the County's long range transportation plan. the construction of the new Route 37 /Jubal Early Drive interchange and its associated features. The commitment is to commence this improvement within two years of the original approval of the rezoning; this date, March 28, 2009 is approaching. The Applicant's commitment further ensured that this improvement would be completed by 2012. This request seeks to modify this commitment, allowing the Applicant to commence construction in 2012, and complete construction of this improvement in 2015. This is a delay of approximately three and one half years from the original deadline or five and one half years from the date of original rezoning. This proffer includes new language committing the Applicant to complete certain things that are necessary for the approval of this improvement by a date, December 1, 2008. This proffer may be problematic as it is likely that this date will have passed prior to the County's review of this conditional rezoning amendment. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 Willow Run Conditional Rezoning Amendment Comments November 6, 2008 Page 2 General Proffer Statement Proffer B) 2 Please address the following concerns regarding the language change for the process for deeding or dedicating the five acre site for the aquatic center. • The initial language which states that the five acre site shall be deeded to Frederick County within 90 days of written request by the County was deemed acceptable by the Board of Supervisors and remains the preferred mechanism for obtaining this site. The proposed revision states that should Frederick County accept the live acre site, this acreage shad be iegaliy subdivided and deeded to Frederick County by the Applicants in conjunction with the acceptance of the public street serving this site. It would appear as thoughthe Public Street serving this site may not be completed prior to the five year sunset clause. This would be a problem. • It would be preferable to remove the five year sunset clause on this proposed dedication of land to Frederick County. • Planning concurs with the comments offered by County Parks and Recreation regarding the benefits of holding the potential uses of. this proposed land dedication open for other public uses. The proffer should provide as much flexibility as possible to the County to determine the best public use for the site. This is very important given the recent opening of nearby Valley Health System's Pool and Fitness facility and the evaluation by the County' s Parks & Recreation Department that this may not be the preferred site for an Aquatic Center. A public site in this location, however, would remain a desirable dedication. Proffer E) Monetary Contributions Monetary contributions to offset the impact of this development on County capital facilities were provided in the original rezoning. These contributions were based upon a 2005 year impact model evaluation and totaled $9,078 per each non age restricted d welling unit and 52,000 per each age rest:Icieu dwelling unii. i icabc recogiiizi uiat the current values are substantially higher. I have attached the current DIM expectations for your information. Proffer E) 5 This proffer addresses the increase in the monetary, contributions based upon the CPI. As this recalculation timeframe is approaching, it may be beneficial to provide a current adjustment value for the future monetary contributions. ' MTR/bad Attachments of Parks and Recreation Department James M. Doran, Director 540 -665 -5678 FAX: 540- 665 -9687 www.co.frederick.va.us e -mail: fcprd @co.frederick.va.us To: Mike Ruddy, Planning. e arunent From: .lames M. Doran, Director Subject: Willow Run Subdivision Date: November 4, 2008 Please find attached the Parks and Recreation Department's comments relative to the requested Proffer adjusunent for this development. As noted, staff believes the proposed extension of time the county would have to consider development of the five acre site, being proffered for an Aquatic /Recreation Center, is appropriate. However, given the fact Winchester Medical Center hasjust completed a similar facility within a mile of this location; the Parks and Recreation Department recommends that an alternate site be selected for a future county owned and operated Aquatic /Recreation Center. Although this may no longer be the best location for the Aquatic /Recreation Center, it may be in the best interest of the county to hold onto this option for other potential uses. Because the proffer identifies this site as being for an Aquatic Center, this would require a change in the proffer that would broaden the possible uses for this site. According to the current proffer, if this site is used for an Aquatic Center, recreational unit credit is to be given to the developer. It would be the recommendation of the Parks and Recreation Department that if the site is used for something other than a recreational amenity, the developer would not be relieved from any recreational unit requirements. Prior to completion of the Medical Center facility, there was a keen interest in this site for the proposed AquaticlRecreation Center. Therefore, I would suggest that this matter receive a comprehensive county review before the Parks and Recreation Department's comments are offered. If you should have any questions or would like to discuss this further, please let me know. 107 North Kent Street Winchester, VA 22601 } A. Rezoning Comments „M1<'Ts�."...tI Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia, 22601 (540) 665 -5678 Applicant:., Please fill out the inf6rmation as accurately as possible m odcr to assist the it 'of Parks & Reci `with their review. Attach . copy of your apph attmr form', location map; prolfcr statement, impact analysis, and any' tither pertinent infoi m�trmi s Hand deliver to: Frederick County Depanment of Parks & Recreation County Administration Bldg., 2 Eloor 107 North Kent Street Winchester, Virginia Applicant's Name: Greenway Engineering Telephone: 540- 662 -4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Fast of Route 37 and Mcrriman's Lane (Route 621). North of Cedar Creek Grade (Route 622). South and West of the City of Winchester Corporate Limits Current zoning: R4 District with proffers Zoning requested: R4 District with modified Ploffers Acreage: 359.97± Department of Parks & Recreation Comments: S taff agrees with the extension as stated in the proposed revised proffer d ated October 14, 2008. Please see attached memo for a dditional comments. Pks. & Rec. Signature & Date: Notice to Department ol'Park s& Recreation — Please Retorn This Form to the Applicant ci • . 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 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, VA 22603 (540) - 53501828 Applicant's Name: Greenway En�ineerino Mailing Address: 151 Windy Hill Lane Winchester. VA 22602 Telephone: 540- 662 -4185 Location of property: East of Route 37 and Merriman's Lane (Route 621). North of Cedar Crcek Grade (Route 622). South and West of the City of Winchester Corporate Limits Current zoning: R4 District with proffers Zonin requested: R4 District with modified proffers Acreage: 359.97± Virginia Department of Transportation Comments: See attached email from VDOT to Greenway Engi da 11/06/08. # vj 11/06/08 VDOT Signature &Date: Notice to VDOT — Please Return This Form to the pplicant r ? ' " Willow Run Traditional Nit borhood Development - VDOT Comfits to Revised Rez... Page 1 of 1 Evan Wyatt From: Funkhouser, Rhonda [ Rhonda .Funkhouser@VDOT.Virginia.gov] on behalf of Smith, Matthew, P.E. [Matthew. Sm ith @ vdot.virgin ia.gov] Sent: Thursday, November 06, 2008 12:37 PM To: Evan Wyatt Cc: Hoffman, Gregory; mruddy@co.frederick.va.us; John Bishop; Smith, Matthew, P.E. Subject: Willow Run Traditional Neighborhood Development - VDOT Comments to Revised Rezoning A VDOT review has been conducted on the revised rezoning application with the latest proffers dated October 14, 2008 for the Willow Run Traditional Neighborhood Development. VDOT is satisfied with the revisions to the transportation enhancement proffers. 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. <<SCN_20081106123421 _001. pdf>> Matthew B. Smith, P.E. Residency Staff Engineer VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone # (540) 984 -5615 Fax At (540) 984 -5607 11/6/2008 Fax from Fire District 15 Control number Date received Date reviewed RZ08 -0015 10/17/2008 10/23/2008 Project Name Applicant Willow Run Conditional Zoning Amendment Greenway Engineering Address City State Zip 151 Windy Hill Lane Winchester VA 22602 Type Application Tax ID Number Rezoning 53- A- 90,etc. Current Zoning Ra 0 LCOPi0111 @f1Cj= wllS Automatic Fire Alarm System No Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Yes Hydrant Location Not Identified Roadway /Aisleway Width Not Identified 1 OCT 2 3 zoos GREENINAY ENGINE ERING Date Revised Applicant Phone 540 - 662 -0185 Rescue District 15 Election District Shawnee Residential Sprinkler System No Fire Lane Required No Special Hazards No Reviewed By Signature J. Neal a'l Title Rezoning Comments I City of Winchester Mail to: Winchester City Planning Department Attn: Planning Director 15 North Cameron Street Winchester, Virginia, 22601 (540) 667 -1815 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Hand deliver to: Winchester City Planning Department Attn: Planning Director Rouss City Hall 15 North Cameron Street Winchester, Virginia Location of property: East of Route 37 and Merriman's Lane (Route 621), North of Cedar Creek Grade (Route 622) South and West of the City of Winchester Corporate Limits Current zoning: R4 District with proffers Zoning requested: R4 District with modified proffers Acreage: 359.97± City of Winchester's Comments: /` I �0 L�JMMQ� rS City of Winchester's Signature & Date: !! [0 0 Notice to City of Winchester lease eturn This Form to the Applicant In 59 NOV It 1 2008 GREENWAY ENGINEERING Applicant's Name: Greenway Engineering Telephone: 540- 662 -4185