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Home My WebLink About01-12 Comments & CorrespondenceCOUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: March 20, 2012 The amount of $100.00 was deposited in line item 43- 010 - 019110 -0008 for Snowden Bridge Station. They had a deposit for two signs for a Rezoning #01 -12. Mr. Oates 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 $100.00 to: Gary R. Oates 1073 Redbud Road Winchester, VA 22603 RSA/pd I 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 I r { 1 •ldd 3 3 , Ticket #:00 006620001 1/19/2012 3Q3 T A X R E C E I P T Date Register: JKH /JKHB1 ERICK COUNTY Trans. #: 00261 WILLIAM ORNDOFF, J R Dept # 1095 0. BOX 225 Acct# VA 22604 -0225+ ..-WINCHESTER Previous 100.00 -- DEPOSITS PLANNING Balance $ SIGN $ 100.00 Principal Being Paid .00 Penalty $ - Interest $ • 00 - Amount Paid $ 100.00 - PLANNING +:Balance Due $ .00 Check 900.00 # VARIOUS PLANNING Pd by /INTEREST THRU THE MONTH 1/20 � BALANCE DUE INCLUDES PENALTY - - - I r z RECEIPT DATE I -r 1% iF NO RECEIVED FROM - i ADDRESS '\r1 r, ( . / `r\t' ..9 S Cl FOR RENT ,� _ i1 _ �, n ACCOUNT CASH AMT. 'A,! E /_ f I _'i n CHECK ^ LLARS $ AMT. OF ACCOUNT CASH �. t CHECK ft , AMT. ACCOUNT OF MONEY DUE ,_': `l .I AMT. PAID 1 ^Ts BY ` ❑ BALANCE DUE MONEY ORDER `3 RECEIPT DATE LO RECEIVED FROM V ADDRESS � (n �: �,,� �� I �T' �1 -ju! ". � 4 -: i l "`, n : ,�✓— )91) LLARS ❑ FOR RENT I ' i $ ❑FOR i 1 �.ep•; �A \�V ' --�. -• ACCOUNT CASH AMT. 'A,! E /_ f I _'i n CHECK ^ LLARS $ RECEIPT DATE RECEIVED FROM C8 ADDRESS I ❑ FOR RENT OR t t az a � Y1 AMT. OF ACCOUNT CASH T✓ . - AMT. PAID '> L� CHECK ft , BALANCE MONEY DUE ORDER BY RECEIPT DATE RECEIVED FROM C8 ADDRESS I ❑ FOR RENT OR t t az a � Y1 COUNTY of FREDERICK _ 1 Roderick B. Williams J County Attorney 540/722 =8383 Fax 540/667 -0370 E -mail: rwillia@co.frederick.va.us January 30, 2012 VIA FACSIMILE — ( 540) 545 -4001 — AND REGULAR MAIL Gary R. Oates, LS -B, PE GreyWolfe, Inc. 1073 Redbud Road Winchester, Virginia 22603 Re: Rezoning Application, Parcel Numbers 43 -A -143, 43 -A -144, 43 -A -145, 43 -A- 146, and 43 -A -147 (collectively, the "Properties "), K & J Investments, LC and North Stephenson, Inc. (collectively, the "Applicants ") — Proffer Statement dated July 18, 2011, revised January 9, 2012 Dear Gary: This is in-response to your letter dated January 5, 2012, regarding amendments you made to the'above- referenced proposed proffer statement dated July 18, 2011 (the "Proffer Statement "). I have now reviewed the Proffer Statement, as revised, and offer the following comments, to correspond with the numbered items in my original comment letter of August 15, 2011 and your letter of January 5, 2012: 1. The ownership information now appears to be correct. 2. My previous comment is now resolved. 3. Drily noted that the diagram attached to the Proffer Statement is not a Generalized Development Plan. 4. My previous comment is now resolved. 5. Proffer La. — The Proffer and the plat are inconsistent regarding the disposition of the portion of Ezra Lane to the northeast, beyond Nulton Lane, within the remainder of the property limits. The Proffer refers only to the construction of the portion between Snowden Bridge Boulevard and Nulton Lane and the dedication of "[t]his right of way ", while the plat shows dedication of the remainder of the right -of -way. Staff should be aware that the Proffer does not propose construction of such remainder of Ezra Lane. 107 North Kent Street Winchester, Virginia 22601 Gary R. Oates, LS -B, PE A • January 30, 2012 Page 2 6. Previous Proffer 1.6. (easement dedication) — This Proffer appears to have been deleted. If this is correct, then staff should be aware that the Proffer does not propose any easement dedication. 7. Current Proffer I.b. (previous Proffer l.c.) — My previous comment is now resolved. 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. Sinc el yours, Roderick B. tlliams County Attorney cc: Michael Ruddy, AICP, Deputy Director of Planning and Development 0 0 Rezoning: RZ # _ -12 Property: Area: 12.692 acres Tax Parcels 43 -(A) -143 43 -(A) -144 43 -(A) -145 43 -(A) -146 43 -(A) -147 Record Owners: K & J Investments, LC North Stephenson, Inc. Applicant: GreyWolfe, Inc. — Gary R. Oates, LS -B, PE Project Name: Snowden Bridge Station Original Date of Proffers: July 18, 2011 Revised Date Proffers: January 9, 2012 Magisterial District: Stonewall Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #_ -12 for rezoning of 6.512 acres from the RA (Rural Areas), and 6.180 acres from RP (Residential Performance) to M -1 (Industrial District), development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject properties, as recorded in the Frederick County Circuit Court Clerk's Office, are more particularly described as the lands conveyed to: North Stephenson, Inc. from Warren Ray Sales and Connie Jean Sales in Deed Book 751, Page 1431, dated October 10, 1990 — [43 -(A) -143] K & J Investments, LC, from Florence Trenary #020007399 dated May 6, 2002, and Deed of Correction 9110007194 — 143 -(A) -144 and 43 -(A) -1461 -r 0 • K & J Investments, LC, from William Buhl #080006163 dated May 20, 2008, and Deed of Correction 4110007195 — [43 -(A) -145] • North Stephenson, Inc. from H. Smith Dorsey and Winifred K. Dorsey in Deed Book 668, Page 229, dated December 23, 1987 — [43 -(A) -1471 1. Transportation a. Ezra Lane The applicants proffer to construct Ezra Lane in the general location shown on the attached plat from Snowden Bridge Blvd to Nulton Lane. The road will be built to VDOT standards for public use as a two -lane urban road per the Comprehensive Plan. Access to the properties shall be limited to commercial entrances on the proposed Ezra Avenue. The final locations will be subject to VDOT review and approval once a site plan is submitted. This right of way and constructed road will be dedicated to the County of Frederick when it meets the Commonwealth's criteria for acceptance. b. Signalization The applicants hereby proffer to install the warranted signalization improvements at the intersection of Snowden Bridge Blvd and Ezra Lane, as specified by VDOT. The final design, location, and date of completion of the improvements will be determined by the Virginia Department of Transportation (VDOT). 2. Fire & Rescue — Monetary Contributions The applicant hereby voluntarily proffers a cash contribution to the Treasurer of Frederick County, Virginia, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. Water and Sewer The applicant proffers to construct water and sewer to along Ezra Lane and will provide an easement, needed, to allow the adjacent properties to connect. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: By. c� \A k A t Z Keven Voyne O ps Date Manager, K & J Investments, LC 1 d la J hn Ezra Omps Date President, North Stephenson, Inc. Commonwealth of Virginia, City /County of �(LeDeR�u� To Wit: t� aol� The foregoing instrument was acknowledged before me this a day of - 2 \ f1 g 4-eVtJ> �. (3 �,+, QtuP IV Notary P lig_ t% My Commission Expires �c 31 are i5 3 � g 3 0 W TI I C I W 2 I I O ti 43 -(A) -148 -1 K&1 INVESTMENTS, LC I ZONED: RP I z 121. A 1 OT Z7 EZR� p3 , pA 1�vi1 AZT � 1 z 510.970' m A � I 501.882' CW m 2882.930 ZONED: RP 00 0 51'39" m z I C � I p C -3 ti 43 (1)-151 0 NORTH STEPHENSON, INC. ; ZONED: M -1 I � 1 a I I I I I A � O CSX RAILROAD - � — _ ° C A GRAYSTONE INDUSTRIAL PARK ZONED: M -1 a n ROUTE 11 1. — --V-7 w o z N< A 1 � y t O m Cl tmfl F 1 p3 , pA 1�vi1 AZT ��1 780.00' 510.970' 37 0 32'02" � I 501.882' CW RATLIEF 2882.930 ZONED: RP 200' of 201 �aaxu�rx: lv;� _ xm WIT GRAPHIC SCALE K&JINV (A ENIS, LC I I _ZONED: RP - m f0.887ACRESTOBE, DEDICATED FOR PUBLIC O RIGHT OF WAY 1� 1 1 1 43 -(A) -140 MICHAEL WEBER 43-(A) -144 ZONED: RA 1 K&J INVESTMENTS, LC 1 ZONED: RP 43 -(A) -145 m K&J INVESTMENTS, LC 43-(A)-147 - ZONED: RP- m NORTH STEPHENSON, INC ZONED: RA I m � v 1 � C3 C1 43 -(A) -146 1 K&JINVESTMENTS, LC ZONED: RP �N 30 °2953" W - 4.00' " ®s 43 -(A) -143 NORTH STEPHENSON, INC � ZONED: RP ` ` 4 1p 80 � 1 GRAYSTONE INDUSTRIAL PARK \ ZONED: M -1 \ # RADIUS ARC DELTA BEARING CHORD DIRECTION C -1 780.00' 510.970' 37 0 32'02" N 57 0 24'41 "E 501.882' CW C -2 2882.930 43.316' 00 0 51'39" S 59 0 04'00" W 43.315' C -CW C -3 2886.930 296.952' 05 0 5559" S 55 0 40'17" W 298.818' C -CW OF r J G RY R. GATES No. 1518 -B KqN SURVy0�` lo O FILE NO: 0260 FINAL PLAT OF -- - A PROPOSED REZONING ON THE LANDS OF K & J INVESTMENTS, LC and NORTH STEPHENSON, INC. PARCELS 43 -(A) -144, 145, & 145 AND PORTIONS OF PARCELSPARCELS 43 -(A) -143 & 147 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA �4 *eyWo1fe, I Land Surveying and Consulting DATE: JANUARY 6, 2012 SCALE: 1"= 1073 Redbud Road Winchester, VA 22603 GreyWolfelnc @aol. com 540- 667 -2001 OFC 540 -545 -4001 FAX 2 OF