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Home My WebLink About02-12 CommentsCOUNTY of FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail: rwillia @co.frederick. va.us January 3, 2012 VIA FACSIMILE — (540) 772 -9528 — AND REGULAR MAIL Mr. Evan Wyatt _ Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 Re: Renaissance Commercial Center — Tax Parcel Numbers 75 -A -2C & 75 -A- 2R — Proposed Rezoning Proffer Statement dated November 30, 2011 Dear Evan: You have submitted to Frederick County for review the above- referenced proposed proffer statement (the "Proffer Statement') for the proposed rezoning of Tax Parcel Numbers 75 -A -2C & 75 -A -2R (the "Property "), owned by Bowman - Shoemaker Companies, Inc. and Alizarin Crimson, LLC, in the Back Creek Magisterial District, specifically, for Tax Parcel Number 75 -A -2C, 8.9817± acres from the B3 (Industrial Transition) District to the B2 (Business General) District and 0.4989± acres from the RA (Rural Areas) District to the B2 (Business General) District, all with proffers, and, for Tax Parcel Number 75 -A -2R, 0.14± acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District, with proffers for the entire tax parcel. I have' now reviewed the Proffer Statement and it is my opinion that the Proff r Statement �would he 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 comment: For clarity with respect to exactly what is being rezoned and how, on the first page, next to "REZONING: ", I would recommend specifying the acreages at issue for each parcel, such as: . REZONING: RZ # _ Tax Parcel Number 75 -A -2C: 8.9817± acres from the B3 (Industrial Transition) District to the B2 (Business General) District. with proffers, and 0.4989± acres from the RA 107 North Kent Street • Winchester, Virginia 22601 Mr. Evan Wyatt • January 3, 2012 Page 2 (Rural Areas) District to the B2 (Business General) District, with proffers Tax Parcel Number 75 -A -2R: 0.14± acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District, with proffers, and 1.5527± acres from the B3 (Industrial Transition) District to the B3 (Industrial Transition) District, with proffers The.reference to the 1.5527± acre portion of 75 -A -2R is to make clear that the proffers would apply to the entirety of the parcel, including the portion already zoned B3, as I believe that may be part of the intention of the proposed rezoning. Finally it may be helpfifl as well to include a man exhibit with the package that shows the properties with the zoning designations as proposed. 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. Sinc t Roderick B. Williams County Attorney i cc: Michael L. Bryan, Esq., Bryan & Coleman (via facsimile and regular mail) Candice E. Perkins, AICP, Senior Planner, Frederick County I Z, EIVE I!+',I r 4 2D12 GBEGNWAY ENGINEERING 0 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 is Hand deliver to: Virginia Department of Transportation Attn: 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. Transportationtyith their review.' eview Attach,three copies of your application form, locatiommap, proffer statement, impact analysis;panitany otlierperhnent , k '-:statement Applicant's Name: Greenway Engineering, Inc. Telephone: 540- 662 - Mailing Address: 151 Windy Hill Lane U Winchester, VA 22602 Location of property: West side of Valley Pike ( US Rou 11 South); approx 1 -mile south of the Route 37 int near Interstate 81 Exit 310 Current zoning: Zoning requested: Acreage: Virginia Department of Transportation Comments: See attached email from VDOT to Greenway EnginPPring rtated December 22, 2011. VDOT Signature & Date: 1 2/22/11 Notice to VDOT - Please Return Form to Applicant 11 Uf Renaissance Commercial Center- VDOT Comments to Rezoning Page 1 of 1 Evan Wyatt ®From: Funkhouser, Rhonda [ Rhonda .Funkhouser@VDOT.Virgin!a.gov] on behalf of Ingram, Lloyd [Lloyd, Ing ram @ V DOT.vi rginia. gov] Sent: Thursday, December 22, 2011 3:48 PM To: Evan Wyatt Cc: John Bishop; elawrence@co.frederick.va.us; Smith, Matthew, P.E.; Ingram, Lloyd Subject: Renaissance Commercial Center - VDOT Comments to Rezoning The documentation within the application to rezone the subject property appears to have a measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers and plats offered in the Renaissance Commercial Center Rezoning Application dated November 30, 2011 address transportation concerns associated with this request. 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. <<Comment_Sheet.pdf>> Lloyd A. Ingram, Land Development Engineer VA Department of Transportation — Land Development Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984 -5611 Fax # (540) 984 -5607 n U 1/9/2012 Fax from : 504 bib :iytltl • Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540) 665 -6350 Winchester, Virginia 0 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Applicant Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Telephone: 540 Wincheste V A 22602 Location of properly: Wes side of Va lley P ( R 11 South); app ro xima tely 1/2 -mile s out h o f the Rout 37 interchan n Inter 81 Exit 310 Current zoning: Zoning requested: Acreage: Fire Marshal's Comments: �lGt ms 4wro aS c��L. rV Fire Marshal's Signature & Date: Notice to Fire Marshal - Please Return This Form to the Applicant 22 Fax from 589 535 3900 0 Control number Date received RZ 11 -0004 1220/2011 Project Name Renaissance Commercial Center Rezoning Address City 151 Windy hill Lane Winchester Type Application Tax ID Number Rezoning 75- A -2C&2R Current Zoning tl1 -11 - 1L 14:tltl rg: Z Date reviewed Date Revised 1/11/2012 Applicant Greenway Engineering State Zip Applicant Phone VA 22602 540£62 -0185 Fire District Rescue District 11 11 B2 &B3 Recommendations Automatic Sprinkler System Automatic Fire Alarm System Yes Yes Other recommendation Emergency Vehicle Access Siamese Location Emergency Vehicle Access Comments Access Comments Additional Comments Jians ALiOrcved b Llnrr,ItrEri Plan Approval Recommended Yes ;"4eq',u 4 € eman G..s Hydrant Location Roadway /Aisleway Width Election District Back Creek Residential Sprinkler System No Fire Lane Required No Special Hazards No Reviewed By Signature S. Mark Showers Title 0 Rezoning Comments Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester Virginia 22601 (540) 665 -5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg. Suite 202 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as:possible in order to assist the Department.of ';Pnlilic:'sWOrk §;,wit$ their'.iev,iew �* Attach;a:copyi`of your' applicationjform ;'locatiodtmap;,proffe "r•' ^.�. ' + a . . �v > _ �a �q, statetiteq b e t im pact"analysis,,and afi&, A { pertinent: nformatron << „ y ,� t r, F ;$+ Applicant's Nalne' Greenway.Engineering Inc. Telephone: 540 -882 -4185 Mailing Address: 151 Windy Hill Lane Exit 3 Location of property' W est side of Valley Pike (US Route 11 South); approximately 112 -mi so uth o f the Route 37 interchange near Interstate 81 Exit 3 Current zoning: Zoning requested. Acreage: Department of Public Work's Comments: e _Puh(ic�Jovks Deda�tyncr 51 Al � QDe-QseA Y ov1t wc_ d in no 76 ((s) - 2tz 's a5_�y Age\ G-y2nt yitya , Ll �v) 1 Iv�c r v+ 1� �I � c� \�M s31g pece�,nber P 1c Wor s 1 nature ate: 1 10�201� Notice to Dept. of Pu c Works = Please Return Thi -Fo ni to th Applicant 21 Rezoning Comments Frederick County Sanitation Authority Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868 -1061 Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with thelr,revlew. Attach a , copy of your application _form, location map, proffer statement impact, analysis,iand any other pertme tat tlnformahon" Applicant's Name: Greenway Engineering, Inc. Telephone: 540- 662 -4185 Mailing Address: 151 Windy rill Lane Winchester, VA 22602 Location of property: Wes side of Valley Pike (US Route 11 South); approximately 1/2 -m ile south of the Route 37 interchange near Interstate 81 Exit 310 Current zoning: Zoning requested: Acreage: Sanitation Authority Comments: "X6A C 0 4cCTy"-j e9ge5" 7 7'y 54ER V, , 6 - 7'./l S 5Z 726 Sanitation Authority Signature & Date: e7 . 2 2 % r - C za // Notice to Sanitation A ority - Please Return This Form to the Applicant 25 HC 7 4 nil GREENWAY ENGINEERING 9 Rezoning Comments Frederick - Winchester Service Authority Mail to: Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722 -3579 Hand deliver to: Fred -Wine Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Dlease fill out the information as accurately as possible in order to assist the Fred, -Wine Service - Authonty,with thetr Attach a copy of your,apphcation form; map, proffer statement, impact analys is, and,any other, pertinent information Applicant's Name: Greenway Engineering, Inc. Telephone: 540 -662 -4185 Mailing Address: 151 windy Hill Lane Winchester, VA 22602 Location of property: West s of V alley Pike (US Route 11 South): approximately 1l2 -mile south of the Route 37 interchange near Interstate 81 Exit 3 1 0 Current zoning: Zoning requested: Acreage: Fred -Wine Service Authority's Comments: fl0 CU(MYYit?�lt'J Fred -Wine Service Autho Signature & Date: Wv 1 Z I Z8 It Notice to Fred -Wine Service Authority -Please Ret Fo rm to Applicant 33 DEC 2 9 2011 GREENWAY ENrIIPvEERING Fax From : 5gnnnc474e Rezoning Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662 -2422 Hand 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 Applicants Name: Greenway Engineering, Inc. Mailing Address: Telephone: 540 -662 -4185 151 Windy Hill Lane Winchester, VA 22602 Location of property: West s of v a l ley Pike (U S Route 11 South); approximately 1!2 -mile south of the Route 37 intercha near Intersta 81 Exit 310 Current zoning: Zoning requested: Acreage: Winchester Regional Airport's Comments: e �S Winchester Regional Airpor - a3 a C) I a Signature &Date: � � Notice to Winchester Regional Airport- Please Return Form to Applicant 7i7 Fax from : 54866"ZZ93b • 0 at - la - ice ir•v ry WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 -5786 January 12, 2012 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Comment Renaissance Commercial Center Back Creek Magisterial District Dear Mr. Wyatt: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Thank you for the opportunity to review this request. Sincerely, S. R. Manuel Executive Director • COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 5401665 -6395 January 17, 2012 Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Renaissance Commercial Center Rezoning Dear Mr. Wyatt: This letter will serve as my comment on the Renaissance Commercial Center Rezoning. I am satisfied that the transportation proffers contained in your application are sufficient to aid in the improvement of the transportation network serving the subject property. Sincerely, John A. Bishop, AICP Deputy Director — Transportation JAB /bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 0 1] COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665.6395 July 28, 2011 Mr. Evan Wyatt, AICP Director of Planning Greenway Engineering 151 Windy Hill Lane Winchester VA, 22601 RE: Renaissance Commercial Center Rezoning - TIA Waiver Request Dear Mr. Wyatt: I have reviewed your request for a waiver of TIA for the above named rezoning. I concur with your assessment that a TIA is not needed due to the following reasons: A. The zoning change will not result in an appreciable increase in traffic that would necessitate study. B. Several other studies have been done in the area that assume build -out of this and surrounding properties, and the needs of that study are already dealt with via other agreements with properties under the control of your client. C. As referenced above, your client is already in the process of partnering with Frederick County to resolve any potential negative transportation impacts of this rezoning, as well as implementation-of the Eastern Road Plan in this area. Please contact me should you have any other questions or concerns related to this rezoning or any other transportation issue in Frederick County. Sincerely, John A. Bishop, AICP Deputy Director- Transportation JAB /bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 January 19, 2012 Frederick County Planning Department Attn: Candice Perkins, Senior Planner 107 North Kent Street Winchester, VA 22601 RE: Renaissance Commercial Center Rezoning Review Agencv Comments Dear Candice: The purpose of this letter is to provide a comment response regarding the review agency comments that we received for the referenced rezoning proposal. Please note the following: l) Agencies Recommending Approval and/or No Comments — Frederick County Planning Department, Frederick County Transportation Planning, VDOT, FCSA, FWSA, Frederick County Public Works, Frederick County Fire Marshal, Winchester Regional Airport. 2) Frederick County Attorney Comments — Greenway Engineering revised the Proffer Statement to reflect the acreage within the rezoning application as all of tax map parcels 75- ((A)) -2C and 75- ((A)) -2R will be subject to the proffered conditions. Greenway Engineering also prepared a Zoning Exhibit dated January 18, 2012 as recommended by the County Attorney. It should also be noted that Greenway Engineering revised the Impact Analysis Statement accordingly to reflect the new acreages. Please review this information and contact me if you have any questions, or if you need anything else at this time. Thank you for your assistance with this project. Sincerely, & Y -. Evan Wyatt, AICP Greenway Engineering Engineers Surveyors Planners Environmental Scientists Telephone 540- 662 -4185 FAX 540- 722 -9528 Project #4613 /1 AW ww v greemvayeng.cont L COUNTY of FREDERICK January 9, 2012 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 RE: Proposed Rezoning of the Renaissance Commercial Center property lden cation Numbers (P1P:s):'75 - A - 2C & 75 - A - 211 Dear Evan: I have had the opportunity to review the draft rezoning application for the Renaissance Commercial Center. This application seeks to rezone 8.9817 acres from the B3 (Industrial Transition) District to the B2 (Business General) District and 0.1439 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District with proffers (total of 9.6245 acres). Staff's review comments are listed below for your consideration. 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 Sanitation Authority, Frederick- Winchester Health Department, the local Fire and Rescue Company and the Frederick- Winchester Service Authority. 2. Special Limited Power of Attorney. Provide a Power of Attorney for the property owners. 3. Fees. The fee for this application includes a $10,000.00 base fee plus $100.00 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, J /: /� Candice E. Perkins, AICP Senior Planner Attachments CEP /bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000