037-16 (RezoningSouthernHillsPhase2)REZONING APPLICATION #11-16
SOUTHERN HILLS PHASE 2
Staff Report for the Board of Supervisors
Prepared: October 28, 2016
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission:
10/19/16 Public Hearing Held; Recommended Approval
Board of Supervisors:
11/09/16 Pending
PROPOSAL:
To revise the proffers from Rezoning Application #22-06 for 40.36 acres (37.79 acres of
Residential Performance and 2.57 acres of General Business) zoning to allow for the construction of up
to 130 single-family detached units. Rezoning #22-06 allowed for the construction of up to 232 single-
family attached units; therefore this requested rezoning would change the housing type and decrease the
total units by 102.
LOCATION:
The site is located on the east side of Town Run Lane (Route 1012) approximately 0.6
miles south of the intersection with Fairfax Pike (Route 277) and Town Run Lane.
EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE
11/09/16 BOARD OF SUPERVISORS MEETING:
This is an application to rezone a total of 40.36 acres of land to revise the proffers associated with
Rezoning #22-06. This property contains 37.79 acres of RP (Residential Performance) zoned land and
2.57 acres of B2 (General Business) zoned land. This request seeks to amend the proffers to modify the
housing type from single-family attached (townhouse) units to single-family detached units as well as
decrease the number of units from 232 to 130 units; decreasing the total units by 102.
This property is located within the Urban Development Area (UDA) and the Sewer and Water Service
Area (SWSA) and is located within the limits of the Southern Frederick Area Plan of the 2030
Comprehensive Plan. The Comprehensive Plan identifies this property with residential and commercial
land use designations. The current RP (Residential Performance) and B2 (General Business) zoning
designations are supported by the Comprehensive Plan.
Since this rezoning was submitted after July 1, 2016 the specifically attributable proffer policy
(§15.2-2303.4) applies to this property; therefore the Applicant is required to demonstrate how their
proffers are specifically attributable to the impacts generated by their development. The Applicant has
provided an anal- Residential Development Attributable
The total impacts on Public Safety, Public Schools and Parks and Recreation from the
70. Staff would note
that the Applicant has not addressed impacts on Library Facilities or General Government Facilities.
The Planning Commission recommended approval of the rezoning at their October 19, 2016
meeting.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
Rezoning #11-16 Southern Hills Phase 2
October 28, 2016
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission:
10/19/16 Public Hearing Held; Recommended Approval
Board of Supervisors:
11/09/16 Pending
PROPOSAL:
To revise the proffers from Rezoning Application #22-06 for 40.36 acres (37.79 acres of
Residential Performance and 2.57 acres of General Business) zoning to allow for the construction of up
to 130 single-family detached units. Rezoning #22-06 allowed for the construction of up to 232 single-
family attached units; therefore this requested rezoning would change the housing type and decrease the
total units by 102.
LOCATION:
The site is located on the east side of Town Run Lane (Route 1012) approximately 0.6
miles south of the intersection with Fairfax Pike (Route 277) and Town Run Lane.
MAGISTERIAL DISTRICT:
Opequon
PROPERTY ID NUMBER:
85D-1-1-95
PROPERTY ZONING:
RP (Residential Performance) and B2 (General Business) Districts
PRESENT USE:
Residential/Commercial Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential / Utility
B2 (General Business) Vacant
South: RP (Residential Performance) Use: Residential Southern Hills Phase I
East: RA (Rural Areas) Use: Agricultural
RP (Residential Performance) Southern Hills Open Space
West: RA (Rural Areas) Use: Vacant / Agricultural
Rezoning #11-16 Southern Hills Phase 2
October 28, 2016
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation:
Please see email from Matthew Smith, P.E. dated July 26, 2016.
Frederick County Fire Marshall:
Plan approved.
Frederick County Sanitation Authority:
Please see letter from Eric R. Lawrence, AICP, Executive
Director, dated July 14, 2016.
Frederick County Public Schools:
Please see letter from K. Wayne Lee, Jr., LEED AP, dated July 22,
[Planning staff note: Since the submission of the Schools comment, the Board of
2016. .
-
2303.4, which is discussed at further length in this report.]
Frederick County Department of Parks & Recreation:
It appears the proposed monetary
contribution will not meet current Development Impact Model (DIM) levels. Parks and Recreation
. [Planning staff note: Since the submission of the Parks &
would like to see minimum levels met
Recreation comment, the Board of Supervisors has suspended use of the DIM, in light of the
-2303.4, which is discussed at further length in this report.]
Frederick County Department of Public Works:
We have no comments concerning the proposed
rezoning.
Frederick County Attorney:
Please see letter from Roderick B. Williams, County Attorney dated
August 4, 2016.
Winchester Regional Airport:
The proposed rezoning has been reviewed and it appears that it should
not have an impact on operations at the Winchester Regional Airport as the proposed site falls outside
,
residents could experience fly-over noise from aircraft.
Planning & Zoning:
1)Site History
On July 11, 2001, the Board of Supervisors approved Rezoning Application #01-01 to rezone
105 acres from RA (Rural Areas) to RP (Residential Performance) to enable the construction of
250 single-family residential lots (the subject property was part of that original rezoning). On
February 28, 2007 the Board of Supervisors approved Rezoning Application #22-06 which
revised the proffers to allow for 88 single-family detached and 232 single-family attached
residential units and 15.5 acres of B2 (General Business) zoned land.
2)Comprehensive Policy Plan
The 2030 Comprehensive Plan is the guide for the future growth of Frederick County.
Rezoning #11-16 Southern Hills Phase 2
October 28, 2016
Page 4
The 2030 Comprehensive Plan is an official public document that serves as the Community's
guide for making decisions regarding development, preservation, public facilities and other key
components of Community life. The primary goal of this plan is to protect and improve the
living environment within Frederick County. It is in essence a composition of policies used to
plan for the future physical development of Frederick County.
The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation
tool and will be instrumental to the future planning efforts of the County.
Land Use.
The South Frederick Area Plan of the 2030 Comprehensive Plan identifies this property with
residential and commercial land use designations. The current RP (Residential Performance)
and B2 (General Business) zoning designations are supported by the Comprehensive Plan.
Transportation and Site Access
The site is accessed via Town Run Lane. The 2001 and 2006 rezoning for the Southern Hills
development called for a number of transportation improvements which have since been
completed:
Stickley Drive Extension to connect with Town Run Lane
Guardrails along Town Run Lane
Surface material overlay of Town Run Lane
Traffic signalization at Fairfax Pike/Stickley Drive
The Southern Frederick Area Plan depicts a new minor arterial road which is located within the
commercial portion of the site. The right-of-way for the new arterial (the Southern Warrior
Drive Extension) continues to be reserved with this rezoning.
3) Proffer Statement
Dated June 30, 2016, revised September 15, 2016, October 13, 2016:
A.Land Use Restrictions:
1)The RP portion of the property is restricted to a maximum of 130 single-
family detached units.
2)The B2 portion of the property shall contain a 100 foot reservation for
future right-of-way, and will be dedicated upon request by the County or
VDOT. (This reservation has been recorded and is available for a time
period of 89 years from the date of recordation March 10, 2015).
B.Ewing Family Cemetery
1)The owner proffers to set aside a separate lot for the Ewing Family
Cemetery with access from a public street within the property.
C.Disclosure Statement
1)The final subdivision plats and covenants shall state that agricultural
land uses exists to the south and east of the property and that the Ewing
family cemetery exists as a separate lot with access, and that a
wastewater treatment facility exists/previously existed to the north of the
property.
Rezoning #11-16 Southern Hills Phase 2
October 28, 2016
Page 5
D.Monetary Contribution
1)
The Owner has proffered a total of $830,630.70 (6,389.46 per unit) to
Staff Note: This monetary
offset the residential development impacts.
amount change reflects the sole amendment to the proffers dated June
30, 2016 and revised October 13, 2016.
4) Staff Concerns Monetary Proffers
Senate Bill 549 became effective on July 1, 2016 and was codified as Virginia Code §15.2-
2303.4. This proffer policy requires that proffers for residential developments submitted after
July 1, 2016 must be specifically attributable to the development. This policy applies to
schools, transportation, parks and recreation and public safety.
The Southern Hills Development submitted in 2001 proffered to provide $4,910 per single-
family detached unit, with a maximum of 250 residential units. The project was revised in 2006
to allow for up to 88 single-family detached units (Phase I) and 232 townhouse units (Phase II).
The 2006 rezoning retained the same monetary contribution of $4,910 (total of $1,139,120 for
the townhouse units). With this new rezoning, the Applicant is proposing to eliminate the
townhouse units and allow for the construction of 130 single-family units while still keeping the
monetary proffer amount of $830,630.70 (6,389.46 per unit) based on the proffer statement
dated June 30, 2016 and revised October 13, 2016.
Since this rezoning was submitted after July 1, 2016 the specifically attributable proffer policy
applies to this property; therefore the Applicant is required to demonstrate how their proffers are
specifically attributable to the impacts generated by their development. The Applicant has
Staff had concerns regarding how the monetary figures provided by the
Applicant were specifically attributable to the Southern Hills development. The Applicant has
since provided an updated proffer statement that reduces the proffer amount to $830,630.70
Public Safety
The Applicant has utilized operating costs per average single-family
household size multiplied by the total number of proposed dwellings over a ten year
$45,636.70
period. This amount per the A for the Sheriff
$31,513
Office and for the Volunteer Fire and Rescue Services.
Staff would note that it is not typical to utilize operating costs in calculating
proffer amounts capital facilities have typically been utilized in the past,
but Staff would also note that County Fire and Rescue was omitted from the
analysis.
Public Schools
Students from this development would attend Bass-Hoover
Elementary, Aylor Middle School and Sherando High School.
shows existing capacity within the elementary and middle schools, however the high
school is currently over capacity. Therefore, the Applicant has assumed that with the
Rezoning #11-16 Southern Hills Phase 2
October 28, 2016
Page 6
total high school proposed cost, divided by the total capacity the total per student cost
of this school would be $53,275. The analysis assumes that 14 high school students
$745,850.
would come from the development resulting in a total of
Parks and Recreation
The Applicant has taken operating costs of Sherando Park
multiplied by the percentage of local revenues to fund the park (64% for Sherando).
This figure was then divided by the total population of Frederick County and multiplied
by the average single-family size and then by the total proposed units in the
development and then multiplied by a ten year proposed build out. The total resulting in
$7,631
for Sherando Park
The total impacts on Public Safety, Public Schools and Parks and Recreation from the proposed
development as outlined in the As to $830.630.70 minus the impacts shown for
Clearbrook Park which were removed from the proffers prior to the Planning Commission meeting. .
Staff would note that the applicant has not addressed impacts on Library Facilities or General
Government Facilities.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 10/19/16 MEETING:
Staff reported this is an application to revise the proffers from Rezoning #22-06 for 40.36 acres (37.39
acres of RP (Residential Performance) and 2.57 acres of B2 (General Business) zoning to allow for the
construction of up to 130 single-family detached units on the RP section of the property. Staff
explained Rezoning #22-06 allowed for the construction of up to 232 single-family attached units
(townhouses); therefore this requested rezoning would change the housing type and decrease the total
units by 102. Staff presented a location map of the property. Mrs. Perkins continued since this rezoning
was submitted after July 1, 2016; the specifically attributable proffer policy (§15.2-2303.4) applies to
this property. Staff noted the Code of Virginia requires residential proffers to be specifically
attributable to the impacts generated by the development. It was explained by Staff the Applicant
submitted an analysis (Residential Development Attributable Impacts) demonstrating how they believe
their proffers could be specifically attributable to their impacts.
offered were attributable to the development: Clearbrook Park figures; Additional proffer of
$304,179.30. Staff noted the Applicant has since revised the proffers to remove the Clearbrook Park
proffer and the $304,179.30, bringing the total proffer to $830,630.70.
Mr. Evan Wyatt of Greenway Engineering representing the Applicant came forward. He presented a
brief history of the project dating back to 2006. Mr. Wyatt explained there was an additional
-of-way corridor to set up the cadence to
relocate South Warrior Drive in the future should the Stephens City exit #307 be shifted. Mr. Wyatt
continued the Applicant has put together a proffer which takes 232 townhouses out of the equation and
proposes a maximum of 130 single-family detached homes; this means there is a reduction to impacts
for transportation, schools, water and sewer. Mr. Wyatt noted another important item is the Applicant
wanted to acquire the 2.5 acre portion in order to control that piece for the right-of-way which has two
deeds available to the County or VDOT upon request, and it goes from a reservation to a dedication.
Rezoning #11-16 Southern Hills Phase 2
October 28, 2016
Page 7
A Commission Member inquired if there is any odor that comes from the waste water treatment pond
located there. Mr. Wyatt stated he has not personally witnessed an odor; however there is a clause in
the proffer that requires disclosure to future lot purchasers regarding the proximity of the pond/lagoon.
The Commission Member asked if the proffer amount of $830,630.70 in the revision was totally
voluntary. Mr. Wyatt stated that is correct and it was calculated based on attributable impacts. The
Commission Member inquired if there is any intent to build on the B2 portion of the property. Mr.
Wyatt confirmed there is no intent.
A Commission Member inquired when the revised proffers were received. Staff stated the revised
proffers were received October 18, 2016. The Commission Member asked does that put the Planning
Commission in a compromised position since the bylaws state revised proffers must be received 14 days
in advance of the meeting. Director, Michael T. Ruddy explained the bylaws give the Planning
Commission the ability to table an application for a variety of reasons; one being if the proffers are
provided less than 14 days before the meeting; giving the ability to do so does not mean you have to and
it is at the discretion of the Planning Commission. The Commissioner Member noted he does not like
getting proffers this close to the meeting date, however in this case the only change in the revised
proffers is lowering the monetary amount to what is directly attributable to the development.
A motion was made, seconded, and the Commission unanimously recommend approval of REZ #11-16
for Southern Hills.
Absent: None
EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE
11/09/16 BOARD OF SUPERVISORS MEETING:
This is an application to rezone a total of 40.36 acres of land to revise the proffers associated with
Rezoning #22-06. This property contains 37.79 acres of RP (Residential Performance) zoned land and
2.57 acres of B2 (General Business) zoned land. This request seeks to amend the proffers to modify the
housing type from single-family attached (townhouse) units to single-family detached units as well as
decrease the number of units from 232 to 130 units; decreasing the total units by 102.
This property is located within the Urban Development Area (UDA) and the Sewer and Water Service
Area (SWSA) and is located within the limits of the Southern Frederick Area Plan of the 2030
Comprehensive Plan. The Comprehensive Plan identifies this property with residential and commercial
land use designations. The current RP (Residential Performance) and B2 (General Business) zoning
designations are supported by the Comprehensive Plan.
Since this rezoning was submitted after July 1, 2016 the specifically attributable proffer policy
(§15.2-2303.4) applies to this property; therefore the Applicant is required to demonstrate how their
proffers are specifically attributable to the impacts generated by their development. The Applicant has
- Residential Development Attributable
that the Applicant has not addressed impacts on Library Facilities or General Government Facilities.
Rezoning #11-16 Southern Hills Phase 2
October 28, 2016
Page 8
The Planning Commission recommended approval of the rezoning at their October 19, 2016
meeting.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
§¦¨RIDGEFIELD
AVE
81
525
REZ # 11 - 16
RIDGEFIELD
349
349
AVE
TOWN
TOWN
Southern Hills Phase 2
RUN LN
RUN LN
PIN:
349
85D - 1 - 1 - 95
TOWN
RUN LN
Revised Proffers
501
TOWN
332
RUN LN
TOWN
RUN LN
MEADOWS
EDGE
Subdivision
387
472
EWINGS LN
EWINGS LN
REZ #11-16
ST
1012
85D 1
1 95
567
TOWN
RUN LN
569
SOUTHERN
TOWN
HILLS
RUN LN
571
Subdivision
TOWN
RUN LN
575
112
TOWN
WESTCHESTER DR
RUN LN
511
111
EWINGS LN
105
NORWICH CT
108
WESTCHESTER DR
WESTCHESTER DR
581
110
TOWN
104
NORWICH CT
RUN LN
WESTCHESTER DR
102
WESTCHESTER DR
112
WAKEFIELD CT
100
WESTCHESTER DR
HAYVENHURST CT
101
102
NORWICH CT
HAYVENHURST CT
104
106
WAKEFIELD CT
625
HAYVENHURST CT
100
TOWN
108
NORWICH CT
RUN LN
HAYVENHURST CT
143
112
HAYVENHURST CT
Applications
834
HAYVENHURST CT
145
PEACE &
01
Parcels
11
PLENTY LNHAYVENHURST CT
Sewer and Water Service Area
§
¨¦
81
Building Footprints
§
¨¦
81
B1 (Business, Neighborhood District)
150
824
HAYVENHURST CT
B2 (Business, General District)
PEACE &
PLENTY LN
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
514
HE (Higher Education District)
PEACE & PLENTY LN
M1 (Industrial, Light District)
Note:
M2 (Industrial, General District)
REZ # 11 - 16
Frederick County Dept of
MH1 (Mobile Home Community District)
Southern Hills Phase 2
Planning & Development
I
MS (Medical Support District)
107 N Kent St
PIN:
Suite 202
OM (Office - Manufacturing Park)
85D - 1 - 1 - 95
Winchester, VA 22601
R4 (Residential Planned Community District)
Revised Proffers
540 - 665 - 5651
R5 (Residential Recreational Community District)
Map Created: September 27, 2016
RA (Rural Area District)
Staff: cperkins
RP (Residential Performance District)
0205410820Feet
§¦¨RIDGEFIELD
AVE
81
525
REZ # 11 - 16
RIDGEFIELD
349
349
AVE
TOWN
TOWN
Southern Hills Phase 2
RUN LN
RUN LN
PIN:
349
85D - 1 - 1 - 95
TOWN
RUN LN
Revised Proffers
501
TOWN
332
RUN LN
TOWN
RUN LN
MEADOWS
EDGE
Subdivision
387
472
EWINGS LN
EWINGS LN
REZ #11-16
ST
1012
85D 1
1 95
567
TOWN
RUN LN
569
SOUTHERN
TOWN
HILLS
RUN LN
571
Subdivision
TOWN
RUN LN
575
112
TOWN
WESTCHESTER DR
RUN LN
511
111
EWINGS LN
105
NORWICH CT
108
WESTCHESTER DR
WESTCHESTER DR
581
110
TOWN
104
NORWICH CT
RUN LN
WESTCHESTER DR
102
WESTCHESTER DR
112
WAKEFIELD CT
100
WESTCHESTER DR
HAYVENHURST CT
101
102
NORWICH CT
HAYVENHURST CT
104
106
WAKEFIELD CT
625
HAYVENHURST CT
100
TOWN
108
NORWICH CT
RUN LN
HAYVENHURST CT
143
112
HAYVENHURST CT
834
HAYVENHURST CT
145
PEACE &
01
11
PLENTY LNHAYVENHURST CT
§
¨¦
81
§
¨¦
81
150
824
HAYVENHURST CT
PEACE &
PLENTY LN
514
PEACE & PLENTY LN
Note:
REZ # 11 - 16
Frederick County Dept of
Southern Hills Phase 2
Planning & Development
I
107 N Kent St
PIN:
Suite 202
85D - 1 - 1 - 95
Winchester, VA 22601
Applications
Revised Proffers
540 - 665 - 5651
Parcels
Map Created: September 27, 2016
Sewer and Water Service Area
Staff: cperkins
Building Footprints
0205410820Feet
332516RIDGEFIELD
RIDGEFIELD
REZ # 11 - 16
TOWN
AVE
AVE
RUN LN
515
349
RIDGEFIELD
Southern Hills Phase 2
349
TOWN
523
AVE
TOWN
§
¨¦
RUN LN
RIDGEFIELD
RUN LN
81
AVE
PIN:
§
¨¦
85D - 1 - 1 - 95
81
472
Revised Proffers
EWINGS LN
503
349
GARDEN
TOWN
501
501GATE DR
RUN LN
TOWN
GARDEN
RUN LN
GATE DR
332
TOWN
387
472
RUN LN
EWINGS LN
EWINGS LN
MEADOWS
EDGE
ST
1012
Subdivision
REZ #11-16
85D 1
1 95
567
TOWN
RUN LN
506
569
571 SOUTHERN
EWINGS LN
TOWN
TOWN
HILLS
Applications
RUN LN
RUN LN
Subdivision
575
Parcels
112
TOWN
WESTCHESTER DR
Sewer and Water Service Area
RUN LN
111
Building Footprints
NORWICH CT
Long Range Land Use
108
581
WESTCHESTER DR
511
Residential
TOWN
EWINGS LN
110
Neighborhood Village
RUN LN
104
NORWICH CT
Urban Center WESTCHESTER DR
102
WESTCHESTER DR
Mobile Home Community
112
WAKEFIELD CT
100
Business
102
WESTCHESTER DR
Highway Commercial
HAYVENHURST CT
ST
101
Mixed-Use
1012
104
NORWICH CT
104
HAYVENHURST CT
WAKEFIELD CT
Mixed Use Commercial/Office
625
100
106
TOWN
Mixed Use Industrial/Office
NORWICH CT
HAYVENHURST CT
RUN LN108
145
Industrial
HAYVENHURST CT
HAYVENHURST CT
112
834
Warehouse
143
HAYVENHURST CT
PEACE &
HAYVENHURST CT
Heavy Industrial
PLENTY LN
Extractive Mining
Commercial Rec
150
HAYVENHURST CT
Rural Community Center
Fire & Rescue
01
Historic
824
11
Institutional
§
¨¦
PEACE &
81
PLENTY LN
Planned Unit Development
514
§
¨¦
PEACE &
81
792
Park
PLENTY LN
PEACE &
Recreation
PLENTY LN
School
762
Employment
PEACE &
PLENTY LN
Airport Support Area
B2 / B3
Note:
Residential, 4 u/a
REZ # 11 - 16
Frederick County Dept of
High-Density Residential, 6 u/a
Southern Hills Phase 2
Planning & Development
I
High-Density Residential, 12-16 u/a
107 N Kent St
PIN:
Suite 202
Rural Area
85D - 1 - 1 - 95
Winchester, VA 22601
Interstate Buffer
Revised Proffers
540 - 665 - 5651
Landfill Support Area
Map Created: September 27, 2016
Natural Resources & Recreation
Staff: cperkins
Environmental & Recreational Resources
02505001,000Feet
IMPACT ANALYSIS STATEMENT
SOUTHERN HILLS PHASE 2
SINGLE-FAMILY LOT DEVELOPMENT
Frederick County, Virginia
Opequon Magisterial District
Tax Map #85D-1-1-95
June 30, 2016
Current Owner: Arcadia Communities, L.L.C.
Contact Person: Evan Wyatt, Director of Land Planning
Greenway Engineering, Inc.
151 Windy Hill Lane Winchester, VA 22602
(540) 662-4185 ewyatt@greenwayeng.com
Greenway Engineering June 30, 2016 Arcadia Communities, L.L.C. Rezoning
SOUTHERN HILLS PHASE 2
SINGLE-FAMILY LOT DEVELOPMENT
IMPACT ANALYSIS STATEMENT
INTRODUCTION
This report has been prepared for the purpose of assessing the impact on Fredrick County by
the proffered rezoning of a 40.36±-acre subject property owned by Arcadia Communities,
LLC a Virginia limited liability company; By: VMB Investments, L.L.C., a Delaware limited
liability company, Its Sole Member and Manager; By: VM Holdings III, L.L.C., a Virginia
limited liability company, Its Managing Member; By: Van Metre Financial Associates, Inc.,
a Virginia corporation, Its Manager (here-in after the ). The subject property is
identified as Tax Map Parcel 85D-1-1-95, which is located on the east side of Town Run
Lane (Route 1012) approximately 0.6 miles south of the intersection with Fairfax Pike
(Route 277).
The subject property is split-zoned and is comprised of 37.79± acres of RP, Residential
Performance District and 2.57± acres of B-2, Business General District. The subject property
is a component of a 105± acre parcel that was originally rezoned as RP, Residential
Performance District with proffers (Rezoning Application #01-01) and subsequently rezoned
as RP, Residential Performance District and B-2, Business General District with proffers
(Rezoning Application #22-06). The Owner proposes to rezone the 40.36±-acre subject
property to maintain the same acreage of RP, Residential Performance District and B-2,
Business General District land area, and to modify the proffer statement to limit development
of the 37.79± acres of RP, Residential Performance District to a maximum of 130 single-
family detached residential lo-of-way area within the
2.57± acre B-2, Business General District portion of the property as a reservation area for
future public street dedication to accommodate the future extension of South Warrior Drive
to the future Interstate 81 Exit 307 relocation as proffered under Rezoning Application #22-
06.
Basic information
Location: Fronting on the east side of Town Run Lane(Route
1012), approximately 0.6 miles south of the intersection
with Fairfax Pike (Route 277)
Magisterial District: Opequon District
Tax Map Parcel Number: 85D-1-1-95
File #3126V Impact Analysis Statement/EAW
2
Greenway Engineering June 30, 2016 Arcadia Communities, L.L.C. Rezoning
Current Zoning: RP, Residential Performance District (37.79± acres)
B-2, Business General District (2.57± acres)
Current Use: Undeveloped (Note: Single-family detached residential
lots platted and some lots developed in Southern Hills
Phase 1)
Proposed Zoning: RP, Residential Performance District (37.79± acres)
B-2, Business General District (2.57± acres)
Proposed Use: Single-Family Detached Residential Lots (RP District)
Public Street Reservation Area (B2 District)
Total Rezoning Area: 40.36±-acres with revised proffers for the subject
property
COMPREHENSIVE POLICY PLAN
Urban Development Area
The Urban Development Area (UDA) defines the general area in which residential,
commercial, industrial and institutional land use development is encouraged in the County.
The 40.36±-acre subject property is currently located within the UDA; therefore, expansion
of the UDA boundary to accommodate the proposed development of single-family detached
residential lots and a public street reservation area for the future extension of South Warrior
Drive is not required for this rezoning application.
Sewer and Water Service Area
The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also
extends outside of the UDA to accommodate areas of the County in which commercial and
industrial land use development is only desired. The 40.36±-acre subject property is
currently located within the SWSA; therefore, expansion of the SWSA boundary to
accommodate the proposed development of single-family detached residential lots and a
public street reservation area for the future extension of South Warrior Drive is not required
for this rezoning application.
Comprehensive Plan Conformity
The 40.36±-acre subject property is located in the UDA and the SWSA and is within the
study area boundary of the Southern Frederick Area Plan. The Southern Frederick AreaPlan
is a large-area plan that identifies land uses, transportation networks, and other matters that
are recommended for consideration for future land use and development within this
geographic area of the County. The 40.36±-acre subject property is identified for residential
and business land use; therefore, the proposed RP, Residential Performance District and B-2,
File #3126V Impact Analysis Statement/EAW
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Greenway Engineering June 30, 2016 Arcadia Communities, L.L.C. Rezoning
Business General District rezoning is in conformance with the Comprehensive Policy Plan.
The Southern Frederick Area Plan Transportation Map identifies a new minor arterial road
system that traverses the subject property. The alignment of the new minor arterial road is
located within the B-2, Business General District portion of the subject property, which has
been identified as a public street reservation area; therefore, the proposed rezoning is in
conformance with the Comprehensive Policy Plan.
SUITABILITY OF THE SITE
Access
The 40.36±-acre subject property is located on the east side of Town Run Lane (Route 1012),
approximately 0.6 miles south of the intersection with Fairfax Pike (Route 277).Access to
the single-family detached residential lots will be provided along Town Run Lane and
through a system of public streets internal to the RP, Residential Performance District portion
of the subject property. The single-family detached residential lots will not have access from
the B-2, Business General District portion of the subject property that has been established
by deed as a future public street reservation area.
Flood Plains
The 40.36±-acre subject property contains a small area of floodplain within the B-2, Business
General District portion of the subject property along the eastern property line that is
associated with Stephens Run. The subject property is located within FEMA NFIP Map
#51069C0330D, Effective Date September 2, 2009, and is primarily located within Flood
Zone X with the exception of the small area of floodplain within the B-2, Business General
District portion of the subject property. The single-family detached residential lots proposed
for Southern Hills Phase 2 are located completely outside of the floodplain limits.
Wetlands
The 40.36±-acre subject property does not contain wetland areas as demonstrated on the
National Wetlands Inventory (NWI) Map information from the Frederick County GIS
Database. However, the Southern Hills Master Development Plan approved by Frederick
County on April 9, 2007 identifies delineated wetland areas along the southern boundary of
the subject property. The delineated wetland areas are located within the open space portion
of the subject property and will not be impacted by the developed of the single-family
detached residential lots proposed for Southern Hills Phase 2.
Soil Types
The 40.36±-acre subject property contains three soil types as demonstrated by the Soil
Survey of Frederick County, Virginia and the Frederick County GIS Database. The
following soil type is present on site:
File #3126V Impact Analysis Statement/EAW
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Greenway Engineering June 30, 2016 Arcadia Communities, L.L.C. Rezoning
9B: Clearbrook Channery Silt Loams 2-7% slopes
32C: Blairton Silt Loams 7-15% slopes
41C/D/E: Weikert-Berks Channery Silt Loams 7-65% slopes
None of the soil types within the subject property are identified as a prime agricultural soil
and all types have high shrink/swell properties. The 40.36±-acre subject property has similar
soil conditions as Southern Hills Phase 1, which has been developed with public streets and
single-family detached residential lots.
Other Environmental Features
The 40.36±-acre subject property does not contain areas of steep slope, lakes or ponds or
natural stormwater retention areas as defined by the Frederick County Zoning Ordinance, and
as delineated on the Southern Hills Master Development Plan approved by Frederick County
on April 9, 2007. There are no known environmental features present that create
development constraints for the proposed single-family detached residential lots within
Southern Hills Phase 2.
ADJOINING PROPERTIES
Adjoining property zoning and present use:
North: B-2, Business General District Use: Unimproved
South: RP, Residential Performance District Use: Southern Hills Phase 1
East: RP, Residential Performance District Use: Southern Hills Phase 1
West: RA, Rural Areas District Use: Unimproved
TRANSPORTATION
The 40.36±-acre subject property is located on the east side of Town Run Lane (Route 1012),
approximately 0.6 miles south of the intersection with Fairfax Pike (Route 277). The subject
property is generally identified as Southern Hills Phase 2 (the middle section of the
Southern Hills Subdivision). Frederick County originally approved Rezoning Application
#01-01, which established RP, Residential Performance District zoning over the 105± acre
parent tract that includes the 40.36± acre subject property. The approved Proffer Statement
for this rezoning required the 105± acre property to be developed as single family lots and
included several off-site transportation improvements. Subsequently, Frederick County
approved Rezoning Application #22-06, which maintained the single family lots within
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Greenway Engineering June 30, 2016 Arcadia Communities, L.L.C. Rezoning
Southern Hills - Phase 1 and modified the remainder of the project area to allow for 232
townhouse lots within Southern Hills Phase 2 and to allow commercial zoning in the
northern portion of the project (Southern Hills Phase 3). The approved Proffer Statement
for this rezoning carried forward the transportation improvements from the original proffers,
restricted the Southern Hills - P
right-of-way area between the townhouses and the commercial land bay to accommodate the
future extension of South Warrior Drive to the future Interstate 81 Exit 307 relocation.
The original property owner implemented the proffered transportation improvements that
were identified in Rezoning Application #01-01 and Rezoning Application #22-06. These
transportation improvements are identified on the Transportation Proffer Compliance Map
Exhibit and include the following:
Completion of the extension of Stickley Drive (Route 1085) to connect with Town
Run Lane (Route 1012) to facilitate a new traffic pattern to Fairfax Pike (Route 277).
Installation of guardrail along Town Run Lane (Route 1012) as approved and
permitted by VDOT.
Completion of new surface material overlay of Town Run Lane (Route 1012) along
the Southern Hills property frontage as approved and permitted by VDOT.
Implementation of traffic signalization at the intersection of Fairfax Pike (Route 277)
and Stickley Drive (Route 1085).
The 40.36± acre subject property is inclusive of the Southern Hills Phase 2 Land Bay that
is approved for 232 townhouse lots; as well a-of-way area to accommodate
the future extension of South Warrior Drive. The Owner -of-way
area for future public street dedication to ensure this is available to Frederick County and
VDOT as per the Rezoning Application #22-06 Proffer Statement. This public street
reservation is legally recorded by deed and plat as Instrument No. 160002930/0001, which is
included as information in the proposed rezoning application.
The proposed Rezoning Application Proffer Statement eliminates the allowance for 232
townhouse lots and provides for a maximum of 130 single-family detached residential lots.
The following information identifies the existing and proposed traffic impacts associated
with this rezoning request:
EXISTING IMPACTS: 232 Townhouses x 7.5 ADT = 1,740 VPD
PROPOSED IMPACTS: 130 Single-Family Detached x 9.5 ADT = 1,235 VPD
REDUCED IMPACT: Proposed rezoning results in a reduction of 505 VPD
The Southern Hills Phase 2 Rezoning Application has provided for the reservation of the
-of-way area for future public street dedication to ensure this is available to
Frederick County and VDOT for the extension of South Warrior Drive as per the Rezoning
Application #22-06 Proffer Statement, and previous development activities associated with
File #3126V Impact Analysis Statement/EAW
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Greenway Engineering June 30, 2016 Arcadia Communities, L.L.C. Rezoning
the Southern Hills Phase 1 Land Bay have implemented all other transportation
improvements. Additionally, the proposed rezoning application results in a reduction of 505
vehicles per day that reduces impacts to the Fairfax Pike (Route 277) and Stickley Drive
(Route 1085) intersection. Therefore, the proposed rezoning application adequately mitigates
transportation impacts to Frederick County.
SEWAGE CONVEYANCE AND TREATMENT
The 40.36±-acre subject property is located within the Sewer and Water Service Area
(SWSA); therefore, the property is entitled to be served by public sewer based on County
Policy. The Frederick County Sanitation Authority (FCSA) is the provider of public sewer
service within this area of the County and currently has sewer infrastructure within Southern
Hills Phase 1 that includes gravity sewer lines, a pump station and a four-inch sewer force
main that directs effluent to a 15-inch sewer transmission line to the Parkins Mill Treatment
Facility (PMTF).
The Frederick County Sanitation Authority (FCSA) has determined that 300gallons/day per
residential connection is an appropriate calculation for estimating the sewer demand for
residential land use projects. Existing and proposed sewer demands for the 40.36± subject
site are as follows:
EXISTING DEMAND: Southern Hills Phase 2 is currently approved for the development
of 232 townhouse lots; therefore, the projected sewer demand is as follows:
Q = 300 gallons/day/per residential connection
Q = 300 GPD x 232 residential connections
Q = 69,600 GPD projected at residential build-out
PROPOSED DEMAND: The Southern Hills Phase 2 Rezoning Application Proffer
Statement proposes to allow for the development of a maximum of 130 single-family
detached residential lots; therefore, the projected sewer demand is as follows:
Q = 300 gallons/day/per residential connection
Q = 300 GPD x 130 residential connections
Q = 39,000 GPD projected at residential build-out
REDUCED IMPACT: The Rezoning Application provides for a reduction of 30,600 GPD of
sewer demand from the Southern Hills Phase 2 development proposal.
The sewer system design for Southern Hills Phase 2 will incorporate an on-site gravity
collection system that directs effluent from the single-family detached residential lots to the
existing FCSA pump station located immediately east of the subject property. The existing
pump station was designed, approved and constructed as a 0.135 MGD facility. The
projected sewer demand for the existing single-family detached residential lots within
File #3126V Impact Analysis Statement/EAW
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Greenway Engineering June 30, 2016 Arcadia Communities, L.L.C. Rezoning
Southern Hills Phase 1 and the proposed single-family detached residential lots within
Southern Hills Phase 2 result in a projected sewer demand of 67,200 GPD, which is
approximately 50% of the design capacity of the existing FCSA pump station. Therefore, the
proposed Rezoning Application can be accommodated by the existing FCSA sewer system
infrastructure.
WATER SUPPLY
The 40.36±-acre subject property is located within the Sewer and Water Service Area
(SWSA); therefore, the property is entitled to be served by public water based on County
Policy. The Frederick County Sanitation Authority (FCSA) is the provider of public water
service within this area of the County and has an existing 12cated along Town
Run Lane (Route 1012) that provides public water to the property.
the Southern Hills Phase 2 property.
The Frederick County Sanitation Authority (FCSA) has determined that 300gallons/day per
residential connection is an appropriate calculation for estimating the water demand for
residential land use projects. Existing and proposed water demands for the 40.36± subject
site are as follows:
EXISTING DEMAND: Southern Hills Phase 2 is currently approved for the development
of 232 townhouse lots; therefore, the projected water demand is as follows:
Q = 300 gallons/day/per residential connection
Q = 300 GPD x 232 residential connections
Q = 69,600 GPD projected at residential build-out
PROPOSED DEMAND: The Southern Hills Phase 2 Rezoning Application Proffer
Statement proposes to allow for the development of a maximum of 130 single-family
detached residential lots; therefore, the projected water demand is as follows:
Q = 300 gallons/day/per residential connection
Q = 300 GPD x 130 residential connections
Q = 39,000 GPD projected at residential build-out
REDUCED IMPACT: The Rezoning Application provides for a reduction of 30,600 GPD of
water demand from the Southern Hills Phase 2 development proposal.
The water system design for the Southern Hills Phase 2 single-family detached residential
lots will expand on the existing water system that was developed for Southern Hills Phase
1. This design will provide for water line looping to ensure that adequate water pressure is
available for residential service and for fire flow. The projected water demand for the
existing single-family detached residential lots within Southern Hills Phase 1 and the
File #3126V Impact Analysis Statement/EAW
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Greenway Engineering June 30, 2016 Arcadia Communities, L.L.C. Rezoning
proposed single-family detached residential lots within Southern Hills Phase 2 result in a
projected sewer demand of 67,200 GPD, which is a reduction of 30,600 GPD below the
projected water needs for the subject property. Therefore, the proposed Rezoning Application
can be accommodated by FCSA and by the existing water system infrastructure.
SITE DRAINAGE
The 40.36±-acre subject property has a drainage divide that directs drainage to the east and to
the south to defined channels that flow into Stephens Run. The proposed single-family
detached residential lots will be developed as curb and gutter streets and will incorporate
stormwater management design that will include stormwater detention ponds on the eastern
and southern portion of the subject property on the upper side of the Stephens Run drainage
channels. Stormwater quality measures will be evaluated during the Subdivision Design Plan
process and will be achieved through on-site quality measures or a combination of on-site
quality measures and nutrient credits if necessary. The stormwater quantity and quality
measures will be designed in conformance with all applicable state and local regulations;
therefore, site drainage and stormwater management impacts to adjoining properties and the
community will be adequately mitigated.
SOLID WASTE DISPOSAL
The impact on solid waste disposal associated with the development of the 40.36± subject
site can be projected from an average annual residential consumption of 5.4 cubic yards per
th
household (Civil Engineering Reference Manual, 4 Edition). The Frederick County Public
Works Department is responsible for solid waste disposal as the manager of the Regional
Landfill Facility. Existing and proposed solid waste disposal demands for the 40.36± subject
site are as follows:
EXISTING DEMAND: Southern Hills Phase 2 is currently approved for the development
of 232 townhouse lots; therefore, the projected solid waste demand is as follows:
AV = 5.4 Cu. Yd. per household
AV = 5.4 Cu. Yd. x 232 residential units
AV = 1,253 Cu. Yd. at residential build-out, or 877 tons/yr at build-out
PROPOSED DEMAND: The Southern Hills Phase 2 Rezoning Application Proffer
Statement proposes to allow for the development of a maximum of 130 single-family
detached residential lots; therefore, the projected solid waste demand is as follows:
AV = 5.4 Cu. Yd. per household
AV = 5.4 Cu. Yd. x 130 residential units
AV = 702 Cu. Yd. at residential build-out, or 491tons/yr at build-out
File #3126V Impact Analysis Statement/EAW
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Greenway Engineering June 30, 2016 Arcadia Communities, L.L.C. Rezoning
REDUCED IMPACT: The Rezoning Application provides for a reduction of 386 tons/yr of
solid waste demand from the Southern Hills Phase 2 development proposal.
The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of
13,100,000 cubic yards of air space. The projected buildout of Southern Hills Phase 2 will
generate approximately 491 tons of solid waste annually on average. This represents a
0.24% increase in the annual solid waste received by the Municipal Solid Waste area of the
Regional Landfill, which currently averages 200,000 tons per year and is a reduction from
the annual solid waste disposal that would otherwise occur under the existing residential land
use plan. The Regional Landfill has adequate capacity to accommodate the solid waste
impacts associated with this proposal.
HISTORICAL SITES AND STRUCTURES
The Frederick County Rural Landmarks Survey does not identify structures deemed to be
historically significant on the 40.36±-acre subject property, nor does the survey identify
properties within proximity of this site that are deemed potentially significant. The closest
potentially significant structure is identified as the Wise-Ritenour House (34-1209), which is
located approximately 0.3 miles southeast of the subject property. The National Park Service
Study of Civil War Sites in the Shenandoah Valley does not identify the 40.36±-acre subject
property as being located within defined Civil War Battlefield study area boundaries.
Therefore, the proposed single-family detached residential lot development plan for the
subject property will not create negative impacts associated with historic resources.
COMMUNITY FACILITY IMPACTS
The 40.36±-acre subject property is a component of a 105± acre parcel that was originally
rezoned as RP, Residential Performance District with proffers (Rezoning Application #01-
01) and subsequently rezoned as RP, Residential Performance District and B-2, Business
General District with proffers (Rezoning Application #22-06). Rezoning Application #22-06
was approved for the development of 232 townhouse lots, while the proposed Rezoning
Application would reduce this impact through the proffered maximum development of 130
single-family detached residential lots.
Rezoning Application #22-06 provides for a total monetary contribution value of
$1,139,120.00 to offset impacts to community facilities. The proposed Rezoning Application
maintains this same level of funding to offset impacts to community facilities even though
this proposa
Proffer Statement requires the inclusion of a narrative on the Subdivision Design Plan that
identifies the monetary contribution for each single-family detached residential lot that
File #3126V Impact Analysis Statement/EAW
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Greenway Engineering June 30, 2016 Arcadia Communities, L.L.C. Rezoning
equates to the total monetary contribution of $1,139,120.00 divided by the total number of
single-family detached residential lots. This approach ensures that the Owner will provide
the same level of funding to offset impacts to community facilities regardless if the total
number of lots falls below the maximum 130 single-family detached residential lots
identified in the proposed Proffer Statement.
The school student generation impact to Frederick County Public Schools (FCPS) is
calculated by the County Development Impact Model (CDIM). Currently, the CDIM
projects single-family detached residential land use at 0.40 students per household (SFD =
0.19 Elementary School Students; 0.10 Middle School Students; 0.11 High School Students)
and projects townhouse residential land use at 0.27 students per household (TH = 0.13
Elementary School Students; 0.07 Middle School Students; 0.07 High School Students).
Existing and proposed school student generation impact to FCPS is as follows:
EXISTING DEMAND: Southern Hills Phase 2 is currently approved for the development
of 232 townhouse lots; therefore, the school student generation impact to FCPS is projected
to be 63 students.
PROPOSED DEMAND: The Southern Hills Phase 2 Rezoning Application Proffer
Statement proposes to allow for the development of a maximum of 130 single-family
detached residential lots; therefore, the school student generation impact to FCPS is projected
to be 52 students.
REDUCED IMPACT: The Rezoning Application provides for a reduction of 11 school
students that will be generated from the Southern Hills Phase 2 development proposal.
OTHER POTENTIAL IMPACTS
The Ewing Family Cemetery is located within the southeastern portion of the 40.36±-acre
subject property. The Proffer Statements associated with Rezoning Application #01-01 and
Rezoning Application #22-06 provided for the creation of a separate lot for the Ewing Family
Cemetery with access from a public street within the property; as well as an access easement
from the public street to the cemetery that would be maintained by the Ewing Family. The
proposed Proffer Statement provides for this same commitment; therefore, there are no
impacts associated with the Ewing Family Cemetery that will result from the development of
single family detached residential lots on the 40.36±-acre subject property.
The Owner proposes to rezone the 40.36±-acre subject property to maintain the same acreage
of RP, Residential Performance District and B-2, Business General District land area, and to
modify the proffer statement to limit development of the 37.79± acres of RP, Residential
Performance District to a maximum of 130 single-family detached residential lots, while
-of-way area within the 2.57± acre B-2, Business GeneralDistrict
portion of the property as a reservation area for future public street dedication to
File #3126V Impact Analysis Statement/EAW
11
Greenway Engineering June 30, 2016 Arcadia Communities, L.L.C. Rezoning
accommodate the future extension of South Warrior Drive to the future Interstate 81 Exit 307
relocation as proffered under Rezoning Application #22-06.
This Rezoning Application results in a reduction of total vehicle trips, a reduction of sewer
demand, a reduction of water demand, a reduction of solid waste demand, and a reduction of
school students, while maintain the same level of funding to offset impacts to community
facilities proffered under Rezoning Application #22-
provides assurances for these reductions and for this funding commitment; therefore, the
proposed Rezoning Application has adequately mitigated impacts to Frederick County.
Attachments:
Aerial Overview Map Exhibit
Southern Frederick Area Plan Land Use Map Exhibit
Location and Zoning Map Exhibit
Transportation Proffer Compliance Exhibit
SWSA & UDA Map Exhibit
Environmental Features Map Exhibit
FEMA FIRM Map Exhibit
Soils Map Exhibit
Historic Features Map Exhibit
File #3126V Impact Analysis Statement/EAW
12
SCALE:
1 Inch = 400 Feet
AERIAL OVERVIEW
PROJECT ID: 3126DATE: 2016-06-30
DESIGNED BY: DWE
FREDERICK COUNTY, VIRGINIA
REZONING AMENDMENT
OPEQUON MAGISTERIAL DISTRICT
AERIAL OVERVIEW
REZONING AMENDMENT
SOUTHERN HILLS - PHASE 2
SOUTHERN HILLS - PHASE 2
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SOUTHERN HILLS - PHASE 2
SOUTHERN HILLS - PHASE 2
REZONING AMENDMENT
TRANSPORTATION PROFFER COMPLIANCE EXHIBIT
REZONING AMENDMENT
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
TRANSPORTATION PROFFER
DATE: 2016-06-30PROJECT ID: 3126DESIGNED BY: DWE
COMPLIANCE EXHIBIT
SCALE:1 inch = 500 feet
SCALE:
1 Inch = 400 Feet
WATER - SEWER - SWSA - UDA MAP
PROJECT ID: 3126DATE: 2016-06-30
DESIGNED BY: DWE
FREDERICK COUNTY, VIRGINIA
REZONING AMENDMENT
OPEQUON MAGISTERIAL DISTRICT
WATER - SEWER - SWSA - UDA MAP
REZONING AMENDMENT
SOUTHERN HILLS - PHASE 2
SOUTHERN HILLS - PHASE 2
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