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Home My WebLink About15-08 Comments & CorrespondenceF ILE, CU 6" COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 TO: Finance Department MEMORANDUM FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: February 10, 2009 The amount of $50.00 was deposited in line item 93- 010 - 019110 -0008 for the company named below had a deposit for one sign for Rezoning 915 -08 for Adams commercial Center. 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 $50.00 to: The Adams Development Group 156 Big Drive Cross Junction, VA 22625 RSA/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 i� 3112 Payment 10,050.00 10,050.00 Marathon Bank 10,050.00 all 9 0. 6' S aanl � •�vz a. otl pr in cipal B Int rest ry ` 5 p 00 P AZ Pd - - - t 00 9 -- S ALANC b Z pLANNIN °unt paid $ .00 DUE INCLUD 16 108 *Balance Due $ 50 . 0 0 ALTY /INTEREST T HRU C heck •00 THE MONT10151,6p- # 12 /2008 VARIOUS 0 �. GREENWAY ENGINEERING 151 Windy Hill Lane Fvu,.kdm 1971 Winchester, Virginia 22602 Project Name: Adams Development Group Proffer Statement and Exhibits File No: 3949 Date January 19, 2009 To: FC Planning From: Evan Wyatt Attn: Candice Perkins GREENWAY ENGINEERING Phone: 540- 662 -4185 Copied Fax: 540- 722 -9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ® As You Requested ❑ Please Comment Message: Hi Candice, Please find attached the revised proffer statement that has been signed and notarized to reflect the information discussed during the Planning Commission meeting. Please let me know if you need any additional information for the January 28`" Board of Supervisors meeting. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: F Time: ` I JAN Please Print Name: 1 11' L f �I —jtl ail 1 GREENWAY ENGINEERING 1! I_' DEC > > 2008 151 Windy Hill Lane —� Founded in 191-i Winchester, Virginia 22602 Project Name: Adams Commercial Center Rezoning Application File No: 3949 Date December 11. 2008 To: FC Planning From: Evan Wyatt Attn: Candice Perkins _ GREENWAY ENGINEERING Phone: 540- 662 -4185 Copied Fax: 540- 722 -9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: Hi Candice, Please find attached the required information for the Adams Commercial Center Conditional Zoning Amendment, including 70 copies of all exhibits. Please schedule this application for the January 7, 2009 Planning Commission Agenda and contact me if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Time: Please Print Name: GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 191 Winchester, Virginia 22602 Project Name: Adams Commercial Center Conditional Zoning Amendment File No: 3949 Date October 21, 2008 OCT 2 1 2008 To: FC Planning From: Evan Wyatt Attn: Candice Perkins GREENWAY ENGINEERING Phone: 540- 662 -4185 Copied Fax: 540 -722 -9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: Hi Candice, Please find enclosed a copy of the revised proffer statement and proffer exhibits based on your previous comment letter dated September 11, 2008 and from our meeting on September 25, 2008. I have also attached a copy of the comment response letter to the County Attorney for your information. Please review this information and advise me if you need anything else at this time, or contact me when your comments area available and we will pick them up. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Time: Please Print Name: 1 Rezoning Comments Frederick County Department of Planning and Development Mail to: Department of Planning and Development Attn: County Planner 107 North Kent Street Winchester, Virginia, 22601 (540) 665 -5651 Hand deliver to: 107 North Kent Street Fourth Floor Winchester, Virginia (540) 665 -5651 Applicant's Name: Greenway Engineering Telephone: 540- 662 -4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Fronting on the west side of Martinsburg Pike (US Route 11), opposite the intersection with Stephenson Road (Route 664) Current zoning: B3 with proffers Zoning requested: B3 with modified proffers Acreage: 28.10± Planning Department Comments: Superintendent's Signature & Notice to Planning Department — Please Return This Form to the Applicant w�G�� • C OPY Rn> CO Y of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 - 6395 September 11, 2008 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning of the Adams Property Property Identification Number (PIN): 44 -A -75 Dear Evan: I have had the opportunity to review the draft rezoning application for the Adams Property. This application seeks to rezone 28.10 acres of land from the B3 (Industrial Transition) District with proffers to the B3 District with revised proffers. Staff's review comments are listed below for your consideration. 1. Martinsburg Pike Improvements. As indicated in the Frederick County Eastern Road Plan, Martinsburg Pike is identified as an improved minor arterial road (U41)). With this rezoning application, the applicant should be constructing the additional lane along the frontage of the site. 2. Proffer B.I. Proffer B appears to be placing an impact on parcels 44- A -75B, C, D, E and F. The original proffer stated that the entire site was limited to 4,603VPD, and the revised proffer states that the remainder of 44 -A -75 is limited to 3,607VPD. The last sentence of this proffer states that the 3,607VPD may be reduced if additional development occurs on the remainder of the site. This proffer does not account for the opposite situation where if 44 -A -75 utilizes all of the 3,607VPD the parcels B -E will not be able to expand. If parcel 44 -A -75 utilizes all of the 3,607VPD, parcel E, which is currently vacant, would not be able to develop at all. 3. Proffer B.2. The original proffer was very restrictive in regards to uses, as it limited the site to only five types of uses. The new proffer allows for all uses except what is listed in proffer B.2, which allows for many other uses. The applicant should also look at restricting restaurant uses on the site. 4. Proffer D. It appears that proffer D can be removed from the revised proffer statement as it does not apply to PIN 44 -A -75. 5. Proffer G. It appears that proffer G should have the same timing as proffer C.5 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 9 Page 2 Mr. Evan Wyatt RE: Proposed Rezoning of The Adams Property September 11, 2008 6. Proffer I. The total potential monetary contribution needs to be modified since parcels B -E are not part of this application. 7. Proffer G. It appears that the corridor appearance proffer could be modified to create a staggered buffer. Please refer to previously approved buffers proffered with Rutherford Crossing or Easy Living. 8. Agency Comments. Please provide appropriate agency comments from the following agencies: 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. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 9. Special Limited Power of Attorney. Provide a Power of Attorney for the property owners. 10. 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, Candice E. Perkins, AICP Senior Planner Attachments cc: Adams Development Group, Inc., HC 34 Box 30, Bloomery, WV 26817 CEP /bad COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail: rwillia @co.frederick.va.us September 10, 2008 VIA FACSIMILE — (540) 722 -9528 — AND REGULAR MAIL Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Application, Parcel Number 44 -A -75 Adams Commercial Center Dear Mr. Wyatt: 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 (all references herein are to the Proffer Statement, unless otherwise indicated): 1. The response to item 11 of the Application, for square footage of proposed uses, refers to proffer B 1 "for structural limitations ". Proffer B 1 does not contain any structural limitations nor does it appear that the Proffer Statement elsewhere does so. 2. Under "Preliminary Matters ", the second paragraph refers to an attached boundary survey plat, but the Proffer Statement does not include such a plat. 3. Proffer A refers to the Generalized Development Plan and the GDP is attached, but Proffer A does not actually indicate that the GDP is attached. Also, the GDP indicates that its scale is "NTS" (assumed to mean "not to scale "), but it appears to be to scale and should state a scale. 4. In Proffer B1, the phrase "a maximum of 3,607 VPD to be determined during Site Plan approval" is unclear, in particular regarding whatever would be being determined during Site Plan approval. The entire sentence may read more clearly as: "The Applicant hereby proffers to restrict development of the 28.10± acre property to an amount to be determined during Site Plan approval, not to exceed a maximum of 3,607 VPD." In addition, however, Proffer B 1 does not address how any subsequent reductions in the 107 North Kent Street • Winchester, Virginia 22601 Mr. Evan Wyatt, AIC1 • September 10, 2008 Page 2 maximum, owing to development on the other parcels subject to Rezoning Number 02- 05, would be enforceable against uses that may by then be existing on Parcel Number 44- A-75. How would priority to allocate the overall maximum of 4,603 VPD, collectively applicable to the parcels subject to Rezoning Number 02 -05, be established? 5. In Proffer B2, two of the uses to be prohibited may read more clearly with references to SIC codes included, to address the following questions: a. Does "membership organizations" mean all SIC code 86 uses or just SIC code 862 "professional membership organizations "? b. Is "motor freight transportation" limited to just, for instance, SIC code 4212 and is the intent not to exclude warehousing activities from the limitation? 6. Proffer Cl should clarify if the condition would also require Parcel Number 44 -A- 75 to provide direct access to Route 11 to the other parcels subject to Rezoning Number 02 -05 and, if so, to which of those parcels. 7. Proffers C2, C3, and C4 should state dates on which the obligations are to be performed or events to which performance of the obligations are to be tied. 8. Proffer C5 should clarify what performing the obligation "in conjunction with approval of the first site plan" means. Does this mean prior to approval being given or within a certain specific time period after approval is given? 9. Under Proffer D, the Applicant would ensure the continuation of a condition and /or create a condition on a parcel that it does not own. The Proffer should identify the source of the Applicant's legal rights, and provide a copy of any relevant land records, by which the Applicant can comply with the Proffer. 10. To prevent any ambiguity, Proffers E and F should identify, by parcel numbers, the adjoining properties as to which the Applicant would provide the buffering. 11. Proffer H indicates that each site plan will identify the party responsible for maintaining BMP facilities. The Proffer is unclear, however, as to whether the Applicant or any successor owner of Parcel Number 44 -A -75 will remain bound with respect to BMP facilities maintenance. 12. Proffer I should clarify what it means by payment "at the time of the building occupancy permits ". Does this mean payment prior to issuance of the respective permit? 13. The Application materials should include a fully executed power of attorney (if a person other than the owner is executing them or will be acting on the owner's behalf in the rezoning process) and any other necessary attachments. Mr. Evan Wyatt, AICI • September 10, 2008 Page 3 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 B. Williams County Attorney cc: Ms. Candice E. Perkins, AICP, Senior Planner, County of Frederick 0 CK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 4 MEMORANDUM TO: Roderick B. Williams County Attorney -4 FROM: Candice E. Perkins, AICP, Senior Planner I RE: Rezoning Application Proffer Statement DATE: August 20, 2008 Please find attached to this memorandum the proffer statement for the Adams Commercial Center Rezoning We would appreciate your review of the Proffer Statement. Thank you for your assistance. cc: John R. Riley, Jr., County Administrator Attachment CEP /bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000