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Home My WebLink About03-09 Comments & Correspondencerizri)I RIc K cou! SANITATION AUTHORITY ROBERT P. A I() AA ICIt A haironm .1(111A S I.A I AS. I irr Loilanon NI( A. R I (h V I A A. 1'. I S r -(rrin u .1. ST I.I`.\ It( \I 1 I(R 1 \I\GII \\I Red Leaf —Dairy Corner, LLC Mr. Robert E. Statkeiwicz P.O. Box 10655 Towson MD 21285 -0655 All Enclosure cf:' Frederick County Zoning Administrator Bn.tc,\ IKT, VA A 1'_^(>f1 -14177 October 25, 2010 Tashema L. Long /for John G. Whitacre Senior Engineer AT ('IIR SFR VI( 1{ OCT REFERENCE: Walgreens at Dairy Corner SUBJECT: Bill of Sale Dear Mr. Statkeiwicz: Enclosed for your files is a copy of the recorded Bill of Sale for the referenced project. You will be responsible for repair to these facilities for one year following the date of our acceptance. Thank you for working on this project with us. Sincerely yours, )v11 v l\ 1 ""t 1. I'll. 13.4111 KIN- 1 I W I 1■ 411 8( ix-1-12 va col OCT 2 7 2010 P cc: Patton Harris Rust Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Mike Ruddy Organization /Company: Frederick County Planning and Development From: Patrick Sowers Date: July 14, 2009 Project Name /Subject: Walgreens Daity Comer Place Proffer Signatures PHR +A Project file Number: 15824 -1 -0 Memorandum Please find attached the notarized version of the Walgreens Dairy Corner Place Proffer Statement dated June 29, 2009. This proffer is the same as the version provided to you via e -mail on July 7 If you have any questions, please feel free to call me at (540) 667 2139. r1 JUL 1 4 2009 Mike Ruddy From: Patrick R. Sowers [Patrick.Sowers @phra.com] Sent: Tuesday, July 07, 2009 2:23 PM To: Mike Ruddy Subject: RE: Walgreens. Attachments: walgreens.pdf Hey Mike, I've revised the walgreens proffer to include the following changes since the PC meeting: 1) Proffer 1.12 has been added to be explicit that street trees will be placed 50' on center along both Valley Mill Rd and Dairy Corner Place 2) Proffer 2.3 requires all buildings on the Property to utilize the same facade materials to maintain a cohesive development pattern. 3) Proffer 2.4 has been added which dictates the design and materials used for the Walgreens store and references new Exhibit A which shows an elevation of the proposed walgreens. The revised proffer is attached. I'm waiting for a signature back from Bob Ganse for 220 Seafood. They've had the proffer for a week so I should be able to get the signature tomorrow. Feel free to call if you'd like to discuss. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com Original Message From: Mike Ruddy mailto :mruddy @co.frederick.va.us] Sent: Tuesday, July 07, 2009 11:44 AM To: Patrick R. Sowers Subject: Walgreens. Hi Patrick, I'm getting ready to prepare Walgreens for the BOS meeting on the 22nd. Do you have any changes or updates to this application since the PC? If so let me know as soon as possible. I do recall the PC talking about potentially incorporating additional architectural elements. I'll have the updated Staff report ready by Friday. Thanks. 1 CORPORATE: Chantilly VIRGINIA OFFICES: Chantilly Charlottesville Fredericksburg Harrisonburg Leesburg Newport News Norfolk Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYIAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Volley W illiamsporl PENNSYLVANIA OFFICE: Allentown 540.667.2139 F 540.665.0493 117 East Piccadilly Street Suite 200 Winchester, VA 22601 Patton Harris Rust Associates Engineers. Surveyors. Planners. Landscape Architects. June 3, 2009 Mr. Michael Ruddy, AICP Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Walgreens Dairy Corner Place Rezoning Application Dear Mike: With the recent addition of 0.9 acres and a modified transportation proffer, we recognize that the initial Walgreens Dairy Corner Place rezoning application (RZ 12- 08) has changed substantially and will therefore be processed as a new application (RZ 03 -09). Due to the fact that RZ 03 -09 now supersedes RZ 12 -08, I would like to request, on behalf of my client, to formally withdraw rezoning application 12 -08 and proceed solely with the new application. Please feel free to contact me at (540) 667 -2139 should you have any questions. Sincerely, Patton Harri s Rust ¥Ass ociAtes Patrick R. Sowers Patton Harris Rust Associates Engineers. Surveyors. Planners. Landscape Architects. PH To: Eric Lawrence, AICP Organization /Company: Frederick County Planning From: Patrick Sowers, AICP Date: May 8, 2009 Project Name /Subject: PHR +A Project file Number: CC: 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540,665.0493 Walgreens Dairy Corner Place Rezor 15824 -1 -0 Please find attached the following revised application materials for the Walgreens Dairy Comer Place Rezoning Application: 1) Revised application with revised area and addition of 220 Seafood Restaurant LLC as part owner. 2) POA for 220 Seafood Restaurant LLC. 3) Revised Impact Statement 4) Proffer Statement dated May 6, 2009 5) Generalized Development Plan dated April 27, 2009 (both full size and 11x17 version) 6) Deed for 220 Seafood Restaurant parcel (TM 54- A -112C) 7) Revised VDOT comment dated May 8, 2009 8) Tax receipt for TM 54 A 112C The Applicant is finalizing the contract with the adjacent 220 Seafood Property owners and I will be able to provide you with a sign/notarized version of the Proffer Statement and POA early next week. We would like to proceed back to the Planning Commission at the June 3, 2009 meeting to present the changes made. If you have any questions or would like to discuss, please feel free to call me at (540) 667 2139. .,i MAY 8 2009 -I Mike Ruddy From: Rod Williams [rwillia @co.frederick.va.usj Sent: Monday, December 15, 2008 12:14 PM To: 'Patrick R. Sowers' Cc: 'Mike Ruddy' Subject: Walgreens Dairy Corner Place Patrick, In preparation for this week's Planning Commission meeting, I have reviewed the updated materials for this rezoning, including the proposed Proffer Statement bearing a revision date of November 25, 2008. This latest revision appears to have addressed the comments in my letter of the same date, although I note that my comments there regarding Proffers 1.2 (now 1.3) and 1.6 (now 1.7) were merely directing staffs attention to particular terms. Therefore, as those items did not necessarily anticipate a response, they remain informational items for staff. I do, however, have questions on one of the new items, Proffer 1.12. Proffer 1.12 states that the Applicant "shall not object to modifications by VDOT" to site access to Dairy Corner Place. My questions concern what the terms "shall not object to" and "modifications" mean. With respect to "modifications does that term include complete closure of the access? With respect to "shall not object to does that mean that the Applicant will not require compensation for a modification of the access, including a modification that is a complete closure of the access? Rod 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(ir)coirederick.va.us VIA FACSIMILE (540- 665 -0493) AND FIRST -CLASS MAIL Dear Patrick: November 25, 2008 107 North Kent Street Winchester, Virginia 22601 COUNTY of FREDERICK Mr. Patrick Sowers Patton Harris Rust Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 Re: Walgreens Dairy Corner Place Proposed Rezoning Proffer Statement dated November 5, 2008 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: Proffer 1.2 The TIA refers on page 17 to the site entrance on Dairy Corner Place as being a right in/right -out entrance, but you have indicated in your e -mail correspondence to me of November 5, 2008 that, while VDOT originally suggested analyzing the entrance as a right in/right -out, VDOT has not since provided any negative feedback to the entrance being a standard entrance. Therefore, my only comment is that staff should be aware, to the extent the matter is significant, that the Proffer Statement does not impose a right in/right -out limitation. Proffer 1.6 Staff should be aware that the Proffer contains a sunset provision of five years for the County and VDOT to request that the Applicant perform the work for closure of access from Dairy Corner Place to Valley Mill Road and Staff should accordingly determine whether the sunset provision is acceptable. Proffers 1.7 1.8 It may be helpful to add number labels, referring to the commitments provided in these Proffers, on any future revisions of the GDP. Proffer 1.9 The reference to "site distance" should be to "sight distance Proffer 4.1 For consistency with Proffers 3.1 3.2, the references to the Board of Supervisors should be to Frederick County. Mr. Patrick Sowers November 25, 2008 Page 2 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, Roderick B. Wil lams County Attorney cc: Michael T. Ruddy, AICP, Deputy Director, Department of Planning and Development