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HRAB 05-15-07 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Historic Resources Advisory Board FROM: Lauren E. Krempa, Zoning Inspector RE: May Meeting Agenda DATE: May 7, 2007 The Frederick County Historic Resources Advisory Board (HRAB) will be meeting on Tuesday, May 15th, 2007 at 6:30 p.m., in the Board of Supervisors Executive Session Room* in the Frederick County Administration Building, 107 North Kent Street, Winchester, Virginia. The HRAB will discuss the following items: AGENDA 1. April 2007 Minutes 2. Shady Elm Rezoning Proposal, presented by PHR&A 3. Villages at Opequon Rezoning Proposal, presented by PHR&A 4. Other Please contact this office if you will not be able to attend the meeting. Thank you. *PLEASE NOTE MEETING LOCATION Access to this building is limited during the evening hours. Therefore, it will be necessary to enter the building through the rear door of the Board Room. I would encourage committee members to park in the county parking lot located behind the new addition (accessible off of Cameron Street). LEK/bad Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 :� C� Frederick County Historic Resources Advisory Board (HRAB) April 17, 2007, 6:30pm Held in the Board of Supervisors Executive Session Room of the County Administrative Building at 107 N. Kent Street, Winchester, VA Members Present: Rhoda Kriz (Chairman), Elizabeth Fravel (Vice -Chairman), Stacey Yost, Mary Turner, Claus Bader, Maral Kalbian (Consultant), Gary Oates (Planning Commission Liaison). Members Absent: Martin Killingbeck, and Virginia McClure. Staff. Kevin Henry, Planning Technician, Lauren Krempa, Zoning Inspector Agenda Items: February 2007 Minutes, Member Roster Update, Ervin Development Rezoning proposal (presented by Painter -Lewis), Shady Elm Rezoning (presented by PHR&A), Willa Cather property preservation plan. Other: N/A The meeting began at 6:30 P.M. The first item of the agenda was the approval of the February 2007 minutes. Ms. Fravel motioned to approve, the motion was seconded by Ms. Turner, and the minutes were unanimously approved without changes. The second agenda item was the update to the HRAB Member Roster. Ms. Fravel and Mr. Bader noted that references to `@adelphia.net" should be changed to `@comcast.net" and Ms. Kaliban and Ms. Turner added contact phone numbers. The third item on the agenda for the meeting was for the HRAB to evaluate the Ervin Development (Jeff Butler) historic marker proposal (1932 Senseny Rd.). The application was represented by Painter -Lewis who presented the proposal for a historic monument to commemorate the location of the Greenwood School House. Painter -Lewis noted the prominent location of the monument and provided a Generalized Development Plan (GDP) to the HRAB which showed the proposed general location of the marker. Chairman Kriz recommended that Painter -Lewis have Ms. Kaliban review the text of the plaque for the marker, both Painter -Lewis and Ms. Kaliban agreed. Chairman Kriz asked the applicant if they knew the location of the marker on the property, the applicant responded that the marker would be placed near the front of the property as shown on the GDP but was subject to some movement. Mr. Henry inquired about the access to the marker to which Painter -Lewis pointed out the sidewalk provided from the parking lot around the marker and connecting to the sidewalk on Greenwood Road, as shown on the GDP. Ms. Turner stated her endorsement of the proposed monument. Mr. Butler responded that Painter -Lewis hoped to set the standard for historic markers in the future. Ms. Kaliban asked if the applicant planned on taking down the school house building, Mr. Butler responded that they did plan to do so after the rezoning was approved. The HRAB had no further comments for the applicant. Staff informed the applicants of a letter stating the HRAB's endorsement of the proposed monument would be prepared post -meeting and mailed to them. The next agenda item was an evaluation of the proposed Shady Elm Rezoning, submitted by PHR&A, which was postponed until the May 15, 2007 meeting. The fifth item of the agenda was the Willa Cather birthplace grant opportunity. Linda Cather, of the Willa Cather Family, was again present to support the HRAB in this effort. In addition, Mr. Adrian O'Connor (Winchester Start), Dr. Jacobs (Shenandoah University) and Ann Romines (Willa Cather Foundation) were also present to discuss the property and possible solutions for its purchase. Staff informed the HRAB that grants are not readily available for this type of property preservation without the use of matching funds which is not provided for in the Frederick County Budget. The HRAB and guests discussed further possibilities for the purchase of the Cather Birthplace. Ms. Cather stated that her inside connection indicated that Mr. Brill (the property owner) would sell the property for $175,000 to $200,000 with the ability to live on the property for the remainder of his life. Commissioner Oates suggested that Ms. Cather form an LLC or non profit in order to purchase the property under and volunteered one of his LLC names to begin the process in order to allow Ms. Cather time to set up her company. Ms. Kaliban indicated that there was a "left over" portion of money from the 250`h anniversary of Frederick County that the HRAB should have access to which could assist with a down payment or towards purchase. Chairman Kriz said she thought a small portion of those funds was earmarked for a future anniversary but that some may be available. Ms. Kaliban also pointed out that the purchaser of the property could claim tax credits for rehabilitation of the property and noted that Dl -TR was offering an open house on the subject later in the week. Staff indicated that they would attend the open house for information. Ms. Kaliban recommended money from the General Assembly as a method of obtaining purchase funds and noted that Congressman Frank Wolfe had been interested in this case in the past. Chairman Kriz, Ms. Cather, Mr. Oates, and staff indicated that they would try to form a meeting to discuss the contract for the property. Mr. O'Connor said he would contact Mr. Brill immediately to identify a selling price and acreage. There being no other business the HRAB adjourned at 8:50 P.M. J .� • ITEM # 2 SHADY ELM REZONING PROPOSAL The Historic Resources Advisory Board has been requested to review and provide comment on the Shady Elm rezoning proposal (office/warehouse use), which has been submitted by Patton Harris Rust & Associates. The proposal seeks to rezone 58.74 acres from the RA (Rural Areas) Zoning District to the B3 (Industrial Transition) Zoning District. The property is located south of Winchester. More specifically, on the east side of Shady Elm Road approximately 1,500 feet south of Route 37 (see location map). The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, shows that a portion of the subject site is included in the battlefield study area of the First Battle of Kernstown with portions of the site being identified as core area. The Rural Landmarks Survey Report for Frederick County Virginia does not identify any potentially significant structures on the property associated with this rezoning; however the following structure is located on an adjoining property: • Henry Carbaugh House (##34-1040) — located northwest of Stephens City, the Carbaugh House represents a typical vernacular Queen Anne -style dwelling constructed in the early twentieth century. It still retains elements typical of the Victorian era, including a central -front gable, decorated verge board, wooden shingles in the gable ends, corbelled chimneys, and a Folk Victorian -style front porch with turned spindles and brackets. The cut -away bay window on the west end gives it a distinctive Queen Anne flavor (description from Frederick County, Virginia: History Through Architecture). Please find attached for your information: a map of the site; the impact analysis; and, the proffer statement provided by the applicant. Representatives of the applicant will be available at the HRAB meeting to provide additional information on the proposed rezoning. Staff will be seeking comments from the HRAB on the historical elements possibly impacted by the proposed development. The comments will be included in the rezoning application package for the Shady Elm rezoning proposal when it is submitted. HISTORIC RESOURCE ADVISORY BOARD REVIEW APPLICATION 511510 Frederick County 107 North Kent Street, Suite 202 MEETING DATE Winchester, Virginia 22601 Telephone: (540) 665-5651 Fax: 540 665-6395 DATE STAMP ADDRESS OF PROJECT: 551 Shady Elm Road PROPERTY OWNERS NAME: Venture 1 of Winchester LLC TELEPHONE NUMBER: 540-247-4974 PROPERTY OWNERS ADDRESS: 118 Armstrong Place. Winchester. VA 22602 ARCHITECT/DEISGNER: Patton Harris Rust & Associates TELEPHONE NUMBER: 540-667-2139 Description of Application: Please describe briefly the request of the application: (rezoning, master development plan, conditional use permit . Please be specific. B3 Rezoning of 58.7 acres oforonertv zone RA located east of Shadv Elm Road This application is not complete until all of the following information has been provided to the Department of Planning and Development. Please check the materials that have been submitted. X Copy of required application as described in 1.1 (1.1.1-1.1.4) X Description of proposed development or construction project, including proposed uses and general timeframe for development (1.2) X Status of any identified historic or archaeological resources on the site or adjacent to the site (e.g, located in any identified historic area, survey area, or battlefield site or individually listed on a local, state or national historic register, relevant information on record with the Virginia Department of Historic Resources) and presence of other historic structures or significant landscape features or archaeological sites; (1.3) X Photographs (color) of all historic resources on the property (1.4) PROPERTY IDENTIFICATION NUMBER (PIN); 75-A-1 Name of Applicant; PHR+A c/o Patrick Sowers -Telephone Number 540 667-2139 Address: Street 117 . Pi adilly St, Suite 200 Ci Winchester State VA Zip Code 22601 —Signature: Print Name. Patrick Sowers Date: 5/1/07 Please note that the applicant or his/her appointed representative must be present at the meeting. Frederick County, Virginia REZONING APPLICATION MATERIALS FOR REVIEW AND APPROVAL OF THE SHADY E LM PROPERTY Back Creek Magisterial District November 2006 Prepared by. Patton Harris Rust & Associates 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone: 540-667-2139 Fax: 540-665-0493 PH Rn TABLE OF CONTENTS I. Application II. Impact Analysis III. Proffer Statement IV. Agency Comments V. Survey Plat and Deed VI. Tax Ticket I. APPLICATION REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Fee Amount Paid $ Zoning Amendment Number Date Received PC Hearing Date BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicants: Name: Patton Harris Rust & Associates Telephone: (540)667.2139 Address: 117 East Piccadilly Street Winchester, Virginia 22601 2. Property Owner (if different than above) Name: Venture I of Winchester, LLC Address: 827 Armistead Street Winchester, Virginia 22601 3. Contact person(s) if other than above Name: Patrick Sowers Telephone: Telephone: (540) 667.2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X S. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Paige Manuel Mark Lynch James Lynch 6. A) Current Use of the Property: Residential/Agriculture B) Proposed Use of the Property: Commercial/Industrial 7. Adjoining Property: SEE ATTACHED. 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The Property is located East and adjacent to Shady Elm Road approximately 1,500 feet South of Route 37. In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 75-A-1 Magisterial: Fire Service: Rescue Service Back Creek Stephens City Stephens City Districts High School: Middle School: Elementary School Sherando James Wood Orchard View 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Re uested 58.74 -.Zoning RA 133 ,] 58.74 Total acreage to be rezoned PA 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home Townhome Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Office Retail Restaurant 12. Signature: 327,000 Square Footage of Proposed Uses Service Station Manufacturing Flex - Warehouse Other 327,000 I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) V V�►R�II-�` 1- ®� I�i� ")t,i+&j i °� LLC— Date 3 cK Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Venture I of Winchester, LLC (Phone) 540.667.9794 (Address) 827 Armistead St Winchester Virginia 22601 the owner(s) of all those tracts or parcels of land ('Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number: 24270 and is described as Tax Map Parcel 75-A-1 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 (Address) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I twe) would have if acting personally, to file pianilii�g applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attomey-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of 200_, Signature(s State of Vir inia, C' /County of d ; C�K To -wit:- fi i p C' 0A A Al 7 I, Li 14 a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument persona 1 appeared before me and has acknowledged the same b forre me the jurisdiction aforesaid this day of/c% 200 7, f U fit+` LAV�— My Commission Expires: 6 ! 200-7 Notary Public II. IMPACT ANALYSIS April 2007 Shady Elm Rezoning INTRODUCTION The 58.7 acre Shady Elm Property is comprised of a single tax map parcel identified as 75-A-1. The Property is located adjacent to Shady Elm Road just South of Route 37 with access provided to Route 11 by Apple Valley Road to the North and Springdale Road to the South (See Figure 1). Currently, the subject acreage is zoned RA (Rural Areas) but bounded to the North and West by property zoned Ml (Light Industrial) with property zoned B3 (Industrial Transition) bounding the project site to the East (See Figure 2). The Property is located wholly within the Sewer and Water Service Area (SWSA). Recently, Frederick County approved revised boundaries for the Urban Development Area (UDA). Originally, the subject property was located within the UDA. With the adoption of the revised UDA boundary, however, the Property is now located outside of the UDA boundary. The Comprehensive Policy Plan identifies that areas located outside of the UDA but within the SWSA boundary are intended for commercial and industrial uses. This application seeks to rezone the Property from RA (Rural Areas) to the B3 (Industrial Transition) zoning district. in an effort to integrate the site with the surrounding area. Rezoning the Property from its current residential/agricultural designation to the industrial transition zoning classification will provide for an increasingly viable commercial/industrial node that accommodates the County's future land use goals while bolstering the County's tax base. COMPREHENSIVE POLICY PLAN The Eastern Frederick County Long Range Land Use Plan (EFCLRLUP) identifies industrial as the intended land use designation for the Property and the surrounding area to the North. The site is also located within the boundary of the Route 11 South Land Use Plan. This small area land use plan does not identify an intended land use for the Property but instead simply indicates its current RA zoning designation. As such, the EFCLRLUP can be considered the guiding document regarding the intended land use for the Property. A B3 (Industrial Transition) zoning designation would be in keeping with the intended land use identified by the Comprehensive Plan. 1 of 4 , 1 ' / ;j w l f } I ( t 'at � �� � �"`i` t � �•' " r , I �,� �'��� , �`�e� . " ,, �� Ra✓Eco .�lr� � � '°� P�` �,� � �� z , � � � din �°� d Fj h�1\js- Y °%/IJ . � � �,.'-� �.t s a t„ _... 9' .. � ' dP/ d� O O r � � Y `~ • o Ic A e3 yl 3, f r w ,� i i is -� '` •, J, fe l i 't - a r� • s _ r _ a • � � It ' 4 f R_ 1 II v SHADY ELM Patton, Harris, Rust & Associates, Pc O I LOCATION MAP 117 E. Picadilly St. Winchester, Virginia 22601 p Q VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDER/CK COUNTY, VIRGINIA FIGURE 1 M A AL F:�'- December 2006 Shady Elm Rezoning ACCESS AND TRANSPORTATION Currently, access to Route 11 is provided by Shady Elm Road's connection to Apple Valley Road to the North and Springdale Road connecting Shady Elm Road with Route 11 to the South. The majority of project generated trips will travel north through the existing industrial area of Shady Elm. The adopted Eastern Road Plan includes a collector road located just South of the subject property that will connect Shady Elm Road with Route 11. This future connection would allow commercial and industrial traffic to avoid using Apple Valley and Springdale Roads as a means of access to Route 11 from Shady Elm Road. The Applicant has proffered a 50 foot right of way dedication along the southern property line and to construct a minimum of 800 feet of a two lane collector road to help implement the Eastern Road Plan. The Eastern Road Plan also calls for Shady Elm Road to be a major collector. The Applicant has proffered sufficient right of way to along the Property's frontage with Shady Elm Road to provide for this improvement. A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. Using traffic generation figures from the I.T.E. Trip Generation Manual, 7"' Edition, the TIA projects that the proposed development will produce 3,562 vehicle trips per day (VPD). The TIA uses two scenarios to analyze the impact of the proposed rezoning on the subject area street system. Both scenarios indicate that background traffic alone necessitates the same improvements as the combination of background traffic and project build out. Scenario A assumes access is provided by the existing road network with Apple Valley Road providing access to the North and Springdale Road providing access to the South. Using this scenario, 80 percent of the trips would utilize the northern connection where Shady Elm Road meets Apple Valley Road with the remaining 20 percent of the trips utilizing the Springdale Road — Route 11 intersection. The identified improvements needed to keep the transportation system operating at a Level of Service (LOS) C or better include the following: - Additional northbound and southbound through lanes for Route 11 at Apple Valley Road. - Signalization of Springdale Road — Route 11 Intersection. 2 of 4 December 2006 Shady Elm Rezoning Scenario B assumes access provided by the future connection of Shady Elm Road directly to Route 11 as intended by the Easter Road Plan. While this may be the ultimate transportation system utilized for access to the site, it is very likely that such a connection will not a occur for some time until issues regarding additional right of way and a rail toad crossing south of the Property are addressed. Under Scenario B, the same improvements found under Scenario A would be needed where Route 11 intersects Apple Valley Road and Springdale Road. In addition, a signal would be needed at the intersection of the new collector road and Route 11. ENVIRONMENTAL FEATURES The site does not contain conditions that would preclude or substantially hinder development activities. The Property does not contain any areas of steep slopes, stream channels, flood plain, or wetlands. Verification of wetland data would be provided through a wetland delineation which would be required and completed during the master plan phase of the development process. The General Soil Map of the Soil Survey of Frederick County Virginia indicates that the soils comprising the subject parcels fall under the Frederick-Poplimento-Oaklet soil association. Such geology is prevalent on land located West of Interstate 81 and accommodates commercial and industrial development as evidenced by development on surrounding parcels. Drainage leaves the site to the East where it meets a drainage divide which directs drainage approximately 3,000 feet South into Opequon Creek. A lack of steep slopes on the 60.0 acre site resultin little to no issues associated with drainage (See Figure 3). SEWAGE CONVEYANCE AND WATER SUPPLY Water service can be provided to the Property by two different scenarios. The first option is to connect to the existing 8" water main on Prosperity Drive, east of the site. The second option is to connect to the existing 12" water main in the Dawson Industrial Park. Assuming a water consumption rate of 500 gpd/acre, water demand for the site would be 30,000 gallons per day. 3 of 4 I : : l i i J 1 I : ' t r , i - s ♦ rr r t I r �I o / r, : / y .. i , ,• J , �•. � ; it f _ i 1 p r r f i r r .r O :6 / II` SHADY ELM Patton, Harris, Rust & Associates, pc o I SITE DRAINAGE 117 E. Picodilly St, Winchester, Virginia 226DI O Q VOICE (540) 667-2139 FAX: (546) 665-0493 FREDERICK COON7Y, VIRGINIA FIGURE 3 December 2006 Shady Elm Rezoning Sewer service would be provided to the site by connection via force main to tap into the existing 6" force main at the Dawson Industrial Park. Sewer flows would be roughly equivalent to the projected water consumption of 30,000 gallons per day. SOLID WASTE DISPOSAL FACILITIES The following table shows a projection of solid waste generation as a part of this project. Development Type Area (Square ft Waste Generation Total Waste lbs Office Park 327,000 .05 lbs/s .ft. 16,350 Warehouse 327,000 .01-lbs/sq ft. 3,270 TOTAL 19,620 Solid waste would be transferred by private carrier and deposited at the County landfill. HISTORIC SITES AND STRUCTURES It is noted that the Frederick County Rural Landmarks Survey identifies two older structures within the vicinity of the site (See Figure ). One of the structures, identified as "The House off Route 651" (#34-1042), is located on the Property but is not listed as potentially significant. Figure 5 includes an up to date photo of the house. The adjacent property to the South includes the Carbuagh House (#34-1040). Figure 6 depicts a current photo of the Carbaugh House which is located approximately 1/3 mile south of the subject Property. The National Park Service Study of Civil War Sites in the Shenandoah Valley of Virginia indicates that the subject site is located well outside of any core battlefield area. Figure 7 and Figure 8 depict the Property's location with respect to the First Kernstown and Second Kemstown Battlefield. As labeled on each of the battlefield exhibits, the land use along Shady Elm Road has been modified substantially since the 1991 study. As existing development separates the Property from the core battlefield for First and Second Kernstown, development of the site would not pose any detrimental impacts to viewsheds or interpretive quality of the battlefields. IMPACT ON COMMUNITY FACILITIES The commercial and industrial nature of the proposed rezoning results in a net positive fiscal impact. 4 of 4 FIGURE 4 FIGURE 5 O V SHADY ELM "CARSAUGH HOUSE" STRUCTURE 34-1040 FREDERICK COUNTY, NRG/N/A I Patton, Harris, Rust & Associates 117 E. Picadilly St. wnchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 FIGURE 6 FIGURE 7 FIGURE 8 PROPOSED PROFFER STATEMENT PROPOSED PROFFER STATEMENT REZONING: RZ. # Rural Areas (RA) to Industrial Transition (B3) PROPERTY: 58.7 acres +/'-; Tax Map Parcels 75-A-1 [the "Property"] RECORD OWNER: Venture I of Winchester, LLC APPLICANT: Venture I of Winchester, LLC PROJECT NAME: Shady Elm Property ORIGINAL DATE OF PROFFERS: December 26, 2006 REVISION DATE(S): February 6, 2007; March 22, 2007; April 3, 2007 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced B3 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Shady Elm Property" dated February 6, 2007 (the "GDP"), and shall include the following: Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for general government purposes upon issuance of the first building permit. 1 of 3 Proffer Statement 2. Site Development Shady Elm Property 2.1 The Applicant shall dedicate 45 feet of right of way from the center line of existing Shady Elm road along the Property frontage as depicted on the GDP prior to issuance of a certificate of occupancy for any building on site. 2.2 The Applicant shall dedicate 50 feet of right of way along the Southern Property boundary as depicted on the GDP to accommodate a future east -west collector road prior to issuance of a certificate of occupancy for any building on site. The Applicant shall construct a minimum of 800 feet of said collector road as a two lane rural cross-section. Entrances to said roadway will be located a minimum of 400 feet apart. 2.3 The Applicant shall construct an internal access road if necessary to serve the Property to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet on center along both sides of any internal access roads. Said street trees shall be planted prior to issuance of a certificate of occupancy for any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. Transportation 3.1 The Applicant shall contribute to the County of Frederick the surn of $100,000.00 prior to issuance of a certificate of occupancy for any building on site to be used for transportation improvements within the general vicinity of the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 2 of 3 Proffer Statement Venture I f Winchester, LLC, By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Lynch — Shady Elm Property Theegoing instrument was acknowledged before rue this day of 4J C�\ z6o 2007, by Va i q e Vim, & t4 kcd My comrnission expires Notary Public 3 of 3 ,'N Way i6ation I 45 --root t of (from C/L d �Jsting,-Sha Rd -to qccomodat tu r rF major Hector VJ PRO, jEC 7" Cons ct60 feet of- 60 0 Undiv'ibded'(R2)- C61116ctor Road f • { _ O50 foot, %ht of Kay/ edicatil Along_ length ..of Southern -p , 6 51— \-.to\aqqomq'da'te.-future colle 'or road 9L, lb SHADY EM Patton, Harris, Rust & Associates, PC GENERAL/ZED DEVELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22601 O Q, (b VOICE: (540) 567-2139 FAX: (540) 665-0493 FREDERICK COUNT) VIRGINIA ITEM # 3 t%I�LA�ES AT ��4n1 rnn� DC 7nwi�ixi Oo -% n�+ v�vvNv I --v NtlVV7 PRO �%. .I The HRAB has been asked to review and provide comment on the Village at Opequon rezoning proposal, which has been submitted by Patton Harris Rust & Associates. The proposal seeks to rezone 70.15 acres from the RA (Rural Areas) Zoning District to the RP (Residential Performance) Zoning District. The property is located west of Eddys Lane and south of Valley Mill Rd. The applicant is proposing to develop the site as a mixed residential development (maximum 155 single family homes and 170 townhomes). Prepared by the applicant, and attached for your information, are a location map and a copy of the proffers for the project. The Study of Civil War Sites in the Shenandoah Vallev published by the National Park Service, does not identify the Village at Opequon rezoning site or the surrounding areas as being part of a battlefield. The Rural Landmarks Survey Report for Frederick County Virginia identified the Adams Farm (#34-397) on the property and four historical sites within close proximity of the rezoning. One of the historical sites within close proximity is identified as potentially significant; the following four are the structures within close proximity: • Valley Mill Farm (#34-108), listed as potentially significant • House, Route 659 (#34-396) • Haggerty House (#34-398) • Carter- Lee- Damron House (#34-1150) Please find attached for your information a map of the site, the impact analysis and the proffer statement provided by the applicant. Representatives for the applicant will be available at the HRAB meeting to provide additional information on the proposed rezoning. Staff will be seeking comments from the HRAB on the historical elements possibly impacted by proposed development. The comments will be included in the rezoning application package for the Village at Opequon rezoning proposal when it is submitted. HISTORIC RESOURCE ADVISORY BOARD REVIEW APPLICATION Frederick County 107 North Kent Street, Suite 202 MEETING DATE Winchester, Virginia 22601 Telephone: (540) 665-5651 Fax: 540 665-6395 DATE STAMP ADDRESS OF PROJECT: 310 Eddy's Lane PROPERTY OWNERS NAME: The Canyon, LLC TELEPHONE NUMBER: 540-667-2120 PROPERTY OWNERS ADDRESS: 420 Jubal Early Drive Suite 103 Winchester VA 22601 ARCHITECT/DEISGNER: Patton Harris Rust & Associates TELEPHONE NUMBER: 540-667-2139 Description of Application: Please describe briefly the request of the application: (rezoning, master development plan, conditional use permit). Please be specific. Conditional Rezoning of 70 acres for residential use. This application is not complete until all of the following information has been provided to the Department of Planning and Development. Please check the materials that have been submitted. X Copy of required application as described in 1.1 (1.1.1-1.1.4) X Description of proposed development or construction project, including proposed uses and general timeframe for development (1.2) X Status of any identified historic or archaeological resources on the site or adjacent to the site (e.g, located in any identified historic area, survey area, or battlefield site or individually listed on a local, state or national historic register, relevant information on record with the Virginia Department of Historic Resources) and presence of other historic structures or significant landscape features or archaeological sites; (1.3) X Photographs (color) of all historic resources on the property (1.4) PROPERTY IDENTIFICATION NUMBER TIM. 55-A-210 Name of Applicant: PHR+A c/o Patrick Sowers Telephone Number 540 667-2139 Address: Street J47 E..ViccadiJlv St. Suite 200 Ci Winchester State VA Zip Code 22601 Signature: Print Name: Patrick Sowers Date: 5/2/07 Please note that the applicant or his/her appointed representative must be present at the meeting. Frederick County, Virginia REZONING APPLICATION MATERIALS FOR REVIEW AND APPROVAL OF THE VILLAGE AT OPEQUON Red Bud Magisterial District April 2007 Prepared by: Patton Harris Rust & Associates 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone: 540-667-2139 Fax: 540-665-0493 TABLE OF CONTENTS Application II. Impact Analysis Statement III. Proposed Proffer Statement IV. Agency Comments V. Survey Plat and Deed VI. Tax Ticket I. APPLICATION REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To he comple!ed by Planning .Ctnff p' tiS J1 ' Fce Amount Paid S Zoning Arnendmcnt Number Date Received �- PC Hearing Date _- BOS Hearing Date o - The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicants: Name: Patton Harris Rust & Associates Telephone: (540) 667.2139 c/o Patrick Sowers Address: 117 East Piccadilly Street Winchester, Virginia 22601 2. Property Owner (if different than above) Name: The Canyon c/o Dave Holliday Telephone: (540) 667-2120 Address: 420 Jubal Early Dr, Suite 103 Winchester, VA 22601 3. Contact person(s) if other than above Name: Patrick Sowers Telephone: (540) 667.2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 1 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: The Canyon David B. Holliday 6. A) Current Use of the Property: Agricultural/Vacant B) Proposed Use of the Property: Residential 7. Adjoining Property: SEE ATTACHED. 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The Property is located South of the existing terminus of Eddys Lane t 820) approximatelyqpproximately 2,400 feet South of Route 7 and 1,650 West of O e uon Creek. In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 55-A-210 Districts Magisterial: Fire Service: Rescue Service Red Bud Greenwood Greenwood High School: Middle School: Elementary School: Millbrook James Wood Redbud Run 1.0. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 70.15 RA RP 70.15 Total acreage to be rezoned 2 11. The following information should be provided according to the type of rezoning proposed: Single Family Home 155 Non -Residential Lots Office Retail Restaurant 12. Signature: Number of Units Proposed Townhome 170 Multi -Family Mobile Home Hotel Rooms Square Footage of Proposed Uses Service Station Manufacturing Flex - Warehouse Other I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) The Canyon Date 91 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederickyams Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22602 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) The Canyon (Phone) 703.820.2500 (Address) 420 Jubal Early Drive, Suite 130, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number: 06006113 and is described as Tax Map Parcel 55-A-210 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 Address) 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows. This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of '200 Signature(s State of Virginia, City/County of To -wit: 1, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of , 200 Commission Expires: Votary Public II. IMPACT ANALYSIS VILLAGE AT OPEQUON - IMPACT ANALYSIS STATEMENT April 2007 The Village at Opequon Property (the "Property") is ideally situated for residential development. The project, identified by Frederick County records as 55-A-210, totals 70.15 acres of land zoned RA (Rural Areas) and is located at the existing terminus of Eddys Lane in the Red Bud Magisterial District (See Figure 1). The site is wholly within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) of Frederick County and is also identified for residential uses by the Eastern Frederick County Long Range Land Use Plan. This rezoning petition seeks to rezone 70.15 acres of land to the RP (Residential Performance) Zoning District. The rezoning would result in a high quality development with a mixture of single family attached and detached uses with a maximum of 325 dwelling units constructed over a minimum three year phasing plan. Primary access to the Property will be provided by connection with Route 7 via the Haggerty "Spine" Road approved as part of Rezoning 14-04. Secondary access will be made possible with Eddys Lane and Valley NO Road across Abrams Creek. The land use surrounding the site is predominantly single family residential, most of which is actively developing. The site is underlain by Martinsburg shale which is well suited for urban residential communities served by public sewer and water. As the Property is within an actively developing area of the UDA and SWSA, the conditional rezoning of the subject site would provide for a well planned community that promotes the goals established by the Comprehensive Policy Plan. SURROUNDING PROPERTIES As depicted by Figure 1, the majority of the surrounding properties are currently developing with single family residential developments. Properties located East, South, and West of the site are currently zoned RP (Residential Performance) with tracts 55-A-165 and 55-4-4A, both zoned RA (Rural Areas), bounding the Village at Opequon to the North (See Figure �. A clear division between the intended residential development and the agricultural uses North of the Property is formed by Abrams Creek and its associated floodplain. Additionally, the embankment found along the southern edge of Abrams Creek within the vicinity of the site provides for a grade separation that acts as a natural buffer between the existing agricultural use near the Property and the intended residential development of the site. ACCESS AND TRANSPORTATION A traffic impact analysis (TIA) entitled "A Traffic Impact Analysis of the Village, at Opequon," was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. Using traffic generation figures from the I.T.E. Trip Generation Manual, 7"' Edition, the TIA projects that the proposed development Will produce 3,029 vehicle trips per day (VPD). The TIA further indicates that existing and planned study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions. Impact Analysis Statement —Village at Opequon 1 RO WINIvQ . d 71 iP r; - VI E �'• 'AL 4 i `-� T- 1 r PROJECT SITE ` 4" - a• ,. «a j . Y I � +-�,.. $► �,}. t � `:7 6�1`1rs,.'' 'dt.� '' arc• F- Patton Harris Rust & Associates LOCATION MAP FIGURE 1 Engineers. Surveyors. Planners, Landscape Architects. PHFA+ East Piccadilly Street, Suite 200 WiWinchester, Virginia 22601 The Village T 540.667.2139 at Opequon F 540.665.0493 SCALE: 1 " = 1000' DATE- 4/10/07 Primary access shall be provided by connection to the planned road network for the Haggerty project which was planned and approved as part of Rezoning 14-04. This transportation network consists of an East-West collector that will connect the residential development of the subject Property with the Haggerty "Spine" Road. This connection will afford the Village at Opequon access to Route 7 via the Spine Road (See Figure 3). Additionally, in accordance with the Frederick County Eastern Road Plan, the Applicant has proffered a reserve area to provide for the future connection between the East-West collector road and existing Valley Mill Road. The Eastern Road Plan depicts a relocation of Valley Mill Road from its current alignment South and through the subject Property to connect with the "Spine" Road. Recent plans and applications will likely shift the relocation of Valley Mill Road North to connect directly with Route 7 to avoid concentrating a large volume of traffic at the Route 7/Spine Road intersection. In light of these changes to the intended transportation system in this area of the County, the connection of Valley Mill Road to and through the Village at Opequon is not critical for the transportation system for the subject site as indicated by the TIA. Nevertheless, the Applicant has proffered a reserve area to facilitate this connection to foster a more interconnected transportation network that would better serve the traveling public in Frederick County. Additionally, the Applicant has proffered $5,000.00 per single family detached and $3,000 per single family attached dwelling unit for transportation improvements within the vicinity of the site which could facilitate this connection should the off site right of way be acquired in the future. This per unit contribution would total approximately $1,250,000 which would offset any transportation impacts associated with the proposed development. Should access to Route 7 or Valley Mill Road from existing Eddys Lane ever be eliminated, the Applicant has proffered to provide a paved connection from the existing terminus of Eddys Lane to the internal road system of the Village at Opequon via a private access easement. This access is intended to serve the existing homes currently located on Eddys Lane. Furthermore, the Applicant has proffered to reserve a 54 foot area around the aforementioned access easement that would allow for a future public street connection. This right of way would be provided at such time that property along Eddys Lane is rezoned and participates in sharing in the cost of the road infrastructure being provided by the Applicant. The "Road Reimbursement Area" is further defined by the proffer statement and generalized development plan (GDP) and is intended to ensure that all properties in the vicinity of the site participate in contributing towards a fair share of the transportation network provided. ENVIRONMENT The Property does not contain conditions that would preclude or substantially hinder development activities. The following table provides an area summary of environmental features: Environmental Features Total Project Area 70.15 Acres Area in Flood Plain 0.00 Acres 0.0% Area in Steep Slopes 0.28 Acres 0.4% Area in Wetlands, Lakes, & Ponds TBD TBD Impact Analysis Statement —Village at Opequon 2 „' 'I hfl j:�-=.. d�Dad0i7'�4a: '.s7p�, - � ;v`���_� O�j �' >> q •~��\ �r-' ;g •• •>a o A��,, ff o f o,- - ��:` -BAR i �ON'o VALLEY 1 MILL o t I nBwuMs 'IV FWSa OPE N- '5 � ww uw G POTENTIAL EDDYS POTENTIAL CONNECTION PANE CONNECTION TO VALLEY MILL ROAD_:' ` ADAMS PROPERTY �o ONNEETION TO SPINE/ ROAD o Qti� J y �.�HAGGERTY a I O s TWIN LAKES ...... ..... i 5 O o O o..fl7 C7 G 09 , Patton Harris Rust & Associates TRANSPORTATION PLAN FIGURE 3 Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 WinRA chester, Virginia 22601 The Village T 540.667.(it O p e q u o n F 5PH40.665.0493493 SCALE: 1 ” = 500' DATE: 4/10/07 Figure 4 depicts the environmental features located on the Village at Opequon site. As depicted, the site drains both North into Abrams Creek and South into the lake within the Twin Lakes Subdivision before flowing into an un -named stream channel. Both Abrams Creek and the unidentified stream channel then direct the flow of water East into Opequon Creek. A small, man-made pond is situated on the Eastern portion of the site. This pond will not pose any issues for the intended residential development program. The General Soil Map of the Soil Survey of Frederick County.Virginia indicates that the soils comprising the subject parcels fall under the Weikert-Berks-Blairton soil association. The predominant soil types on the site are Berks channery silt loams, 7 to 15 percent slopes (map symbol 1C), Weikert-Berks channery silt loam, 15 to 25 percent slopes (map symbol 41D) and Weikert-Berks channery silt loam, 25 to 65 percent slopes (map symbol 41E) as shown on map sheet number 37 of the survey. This soil type is not considered prime farmland as indicated by the Comprehensive Plan. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. The site has a high elevation of 630 feet and a low elevation of 610 feet. Only a small portion of the site contains steep slopes as defined by the Zoning Ordiance (50%). Much of the area containing moderate slopes of 25%-50% would be incorporated into the required open space for the project to maintain the integrity of the natural drainage channels that exist on site. Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for Frederick County prepared by the U.S. Department of Housing and Urban Development, Community Panel #510063-0120B, effective date July 17, 1978. The entire site is located in Flood Zone C, which denotes areas of minimal flooding outside of the 100 -year flood plain. Portions of the 100 year flood plain associated with Abrams Creek are located in close proximity to the Property's northern boundary. Any wetlands that exist on the site would be identified during the Master Plan phase of development. SEWAGE CONVEYANCE AND WATER SUPPLY The proposed Haggerty site sewerage conveyance system is being designed to handle the flows generated by the Village at Opequon. As such, sewer flows would be conveyed to the Opequon Waste Water Treatment Plant by connection to this planned system. Using a standard rate of 200 gallons per day/dwelling unit it is projected that the proposed development would produce approximately 6530009allons per day of sewer flow. Water supply will be provided by way of a 12" water main connecting through the Haggerty project. Water usage of the project would be roughly equivalent to its sewer flows of 65,000 gallons per day. The water system will be designed to provide adequate pressure for potable water service and fire fighting services. Impact Analysis Statement —Village at Opequon 3 'Al F ) A}`: i- ill�t\�'V�\tv ,� it 1/r , ( ABRAMS -. f _ -777_ STEEP SLOPES -- r \ t tf i y '—' � .........__._...._, i :���\ltt .?'€111 '�.' {r:',iy s ♦ .. — ! r 1 \ / r' ft/ , EM, STING — G �UTL S o E 'k t � •-, \ l4 .\, .5 It _.. ... ..__ _ �• iF t =,� \ i -� _. .�` �% \ t k { y i f ! ! J vEXISTING - � if rJI ( 1 f ; l /° / € ! .BOND Mil ` i F t •'—� .. •� � ` \`, h - t } i € / .-' �' f • �`. _ r 7! jjrrtjr 4 € t s _ __ { ,- € ! i V k f�i t t /,111!'f1��11i ilt� t } _.. �\ \` \ -.._ t r!t`r f\ <X• Y.. _ �\ Y 1 f f, _ _ w ft t i\ (J { N r I / t Patton Harris Rust & Associates ENVIRONMENTAL FEATURES FIGURE 4 Engineers. Surveyors. Planners. Landscape Architects. PHFA+ East Piccadilly Street, Suite 200 WiWinchester, Virginia 22601 The ViIIage T 540.66at O p e q u o n F 540.665.0493.0493 I I I I SCALE: 1"= 400' 1 DATE: 4/10/07 1 SOLID WASTE The following table shows a projection of solid waste generation as a part of this project. Unit Twe I Units Waste Generation Total Waste (lbs) Single Family Detached 155 12 lbs/day 1,860 Single Family Attached 170 9 lbs/day 1,530 Total 3,390 Proffered curbside pick-up will be an improvement to solid waste issues associated with increased dumpster use in the County. HISTORIC SITES AND STRUCTURES Figure 5 identifies historic structures located within the vicinity of the site. Each of the identified structures is identified as not potentially significant by the Frederick County Rural Landmarks Survey with the exception of Valley Mill Farm which was included in the Virginia Landmarks Register in 2005 and the Natioinal Register of Historic Places in 2006. The existing, vacant farm house on the site, identified as structure 34-397, is the "Adams House" (See Figure 6). Pursuant to the National Park Service Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. IMPACT ON COMMUNITY FACILITIES The proposed development will have a scheduled and measured impact on community facilities. In addition to monetary proffers in accordance with the latest Frederick County Fiscal Impact Model, the Applicant has proffered additional funds ($5,000 per single family detached unit and $3,000 per single family attached unit) for transportation improvements. The applicant has offered the following monetary contributions to mitigate the impacts of this development: ■ Fire and Rescue: ■ General Government: ■ Public Safety: ■ Library: ■ Parks and Recreation: ■ School Construction: ■ Transportation: TOTAL: Single Family Detached $790.00 per unit $320.00 per unit $671.00 per unit $372.00 per unit $2,239.00 per unit $17,706.00 per unit $5,000.00 per unit $27,098.00 per unit Impact Analysis Statement —Village at Opequon 4 Single Family Attached $583.00 per unit $245.00 per unit $513.00 per unit $285.00 per unit $1,712.00 per unit $12,192.00 per unit $3,000.00 per unit $18,530.00 per unit 01 1 t Imo. r Pm smommam VMS -, Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. East Piccadilly Street, Suite 200 ADAMS HOUSE (34-397) FIGURE 6 The Village WiWinchester, Virginia 22601 PHFA+ T 540.667.2139 at Opequon F 540.665.0493 DATE: 5/2/07 A Traffic Impact Analysis of the Village at Opequon Located in: Frederick County, Virginia Prepared for: Dave Holliday 205 North Cameron Street Winchester, VA 22601 Prepared by: Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners. LcrdscapeArchitects, ' 1 300 Foxcraft Avenue, Suite 200 Martinsburg, West Virginia 25401 T 304.264.2711 R F 304.264.3671 September 08, 2006 OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Village at Opequon development to be located south of Route 7 (Berryville Pike), east of Valley Mill Road in Frederick County, Virginia. The proposed project will include a total of 155 single-family detached residential units and 170 residential townhouses. Access is provided via a single (1) site - driveway along the proposed Haggerty Connector Road that will serve as a connection between the site and Route 7. The development will be built -out in a single phase by the year 2007. PHR+A has provided Figure 1 to illustrate the location of Village at Opequon with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Village at Opequon development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for the proposed Village at Opequon development, • Distribution and assignment of the Village at Opequon development -generated trips onto the study area roadway network, • Analysis of capacity and level of service using the newest version of the highway capacity software, HCS -2000, for existing and future conditions. EXISTING CONDITIONS In order to determine the existing traffic volumes along Route 7 at the proposed Haggerty Connection, PHR+A conducted AM and PM peak hour manual turning movement counts at the intersection of Route 7 /Valley Mill Road in Frederick County, Virginia. PHR+A established the ADT (Average Daily Traffic) along each of the study area roadway links using an assumed "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 10%. Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes along Route 7 at the proposed location of the Haggerty Connection. Figure 3 shows the existing lane geometry along Route 7. Traffic count data worksheet is included in the Appendix section of this report. PH A Traffic Imoact Analvsis o j the Vumbellake at Opeguon 17-1-0Project Number: 12617-1-0 September 0Page I Page 1 No Scale Factory ITE L -PW -\+A FF igur Vicinity Map: Village at Opequon in Frederick County, Virginia A Traffic Impact Analysis of the Village at Opequon Project Number: 12617-1-0 R+A September 08,2006 PH Page 2 I- of Az f� q --A,4 Jcf, ITE L -PW -\+A FF igur Vicinity Map: Village at Opequon in Frederick County, Virginia A Traffic Impact Analysis of the Village at Opequon Project Number: 12617-1-0 R+A September 08,2006 PH Page 2 Figure 2 PHR� Existing Traffic Conditions A Traffic Impact Analysis of the Village at Opequon Project Number: 12617-1-0 September 08,2006 Page 3 Ism Figure 3 PHRn Existing Lane Geometry and Level of Service A Traffic Impact Analysis of the Village at Opequon Project Number: 12617-1-0 September 08,2006 Page 4 2007 BACKGROUND CONDITIONS PHR+A increased the existing traffic volumes along Route 7 using a conservative growth rate of five percent (5%) per vear through Year 2007. Additionally, PHR+A included all trips relating to specific future "other developments" located along Channing Drive and Valley Mill Road as obtained from the reports titled: A Traffic Impact Analysis of Carriage Park, by PHR+A, dated October 11, 2005 and A Traffic Impact Anal sy is of Fieldstone, by PHR+A, dated November 21, 2003. Based upon the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Table 1 to summarize the 2007 "other developments" trip generation. Figure 4 shows the 2007 background ADT and AM/PM peak hour traffic volumes at the intersection of Route 7/Haggerty Connector Road. Figure 5 shows the corresponding 2007 background lane geometry and levels of service. All HCS -2000 levels of service worksheets are included in the Appendix section of this report. Table 1 "Other Developments" Trin (,vnarnfinn Qii morn Code Land Use Amount AM Peak Hour PM Peak Hour In Out Total In Out Total ADT Red -Bud Run 210 Single -Family Detached 300 units 55 165 219 182 107 288 3,000 Total 55 165 219 182 107 288 3,000 Other Developments along Channing Drive 210 Single -Family Detached 300 units 55 165 219 182 107 288 3,000 230 Townhouse/Condo 130 units 11 53 64 50 25 75 1,131 820 Retail 120,000 SF 107 68 175 339 367 706 7,645 Total 172 286 458 570 498 1,069 11,776 Fieldstone Development 210 Single -Family Detached 63 units 13 40 54 45 26 71 630 230 Townhouse/Condo 207 units 16 77 92 73 36 109 1,801 Total 29 117 146 118 62 180 2,431 Haggerty Property 210 Single -Family Detached 128 units 25 74 99 84 50 134 1,280 230 Townhouse/Condo 176 units 14 67 81 64 32 96 1,531 Total 39 142 180 148 81 229 2,811 P +� A Traffic Impact Analysis of the Village at One aon Project Number: 12617-1-0 H September 0Page 5 Page 5 No Scale SITE AM Peak Hour(PM Peak Hour) +n —� Figure 4 2007 Background Traffic Conditions PH A Traffic Impact Analysis of the Village at Opeguon 17-1-0Project Number: 12617-1-0 September 0Page 6 Page 6 No Scale SITE Figure 5 PHR+/� * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) 2007 Background Lane Geometry and Level of Service A Traffic Impact Analysis of the Village at Opeguon Project Number: 12617-1-0 September 08,2006 Page 7 rak. 9B) 7 e� G Signalized G0�fi LIntersection <J LOS=B(B) * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) 2007 Background Lane Geometry and Level of Service A Traffic Impact Analysis of the Village at Opeguon Project Number: 12617-1-0 September 08,2006 Page 7 PROPOSED TRIP GENERATION PHR+A determined the number of trips entering and exiting the site using equations and rates provided in the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Resort. Table 2 was prepared to summarize the total trip generation associated with the proposed Village at Opequon development. Table 2 Proposed Development: Village at Opequon Trip Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 210 Single -Family Detached 155 units 29 88 118 100 59 159 1,550 230 Townhouse/Condo 170 units 13 66 79 62 31 93 1,479 Total 43 154 197 162 89 252 3,029 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 6 to assign the Village at Opequon trips (Table 2) throughout the study area roadway network. Figure 7 shows the respective development -generated AM/PM peak hour trips and ADT assignments. 2007 BUILD -OUT CONDITIONS The Village at Opequon assigned trips (Figure 7) were added to the 2007 background traffic volumes (Figure 4) to obtain 2007 build -out conditions. Figure 8 shows the 2007 build -out ADT and AM/PM peak hour traffic volumes at key locations through out the study area roadway network. Figure 9 shows the respective 2007 build -out lane geometry and AM/PM peak hour levels of service. All HCS -2000 levels of service worksheets are included in the Appendix section of this report. CONCLUSION The traffic impacts associated with the proposed Village at Opequon development are acceptable and manageable. Each of the study area intersections will achieve levels of service "C" or better assuming the lane geometry shown on Figure 9. PH A Traffic bnvact Analysis of the Vumbe : 617-1-0Project Number: 12617-1-0 September 0Page 8 Page 8 Figure 6 Trip Distribution Percentage A Traffic Impact Analysis of the Village at Opegiton Project Number: 12617-1-0 September 08,2006 Page 9 No Scale SITE AM Peak Hour(PM Peak Hour) n NEREMMMEWMAN Figure 7 PHR.n Development -Generated Trip Assignments A Traffic Impact Analysis of the Village at Opequon Project Number: 12617-1 -0 September 08,2006 Page 10 PHR/� A Traffic Impact Analysis of the Village at Opeguon Project Number: 12617-1-0 September 08,2006 Page 11 No Scale SIT] Unsignalized2 Signalized "Suggested Intersection o Intersection Improvement" LOS=B(B) Signalization oc WB - I Left Y NB - 3,d Lee Wms 4-'m� �7a ��. 7 r♦ 9B) (a)B ti , 19G� Figure 9 AM Peak Hour(PM Peak Hour) OR 2007 Build -out Lane Geometry and Level of Service PH A Traffic lmpaet Analysis of the Village at 2617-1-0 Project Number: 12617-1-0 September 0 age 06 12 Page 12 PROPOSED PROFFER STATEMENT PROPOSED PROFFER STATEMENT REZONING: RZ. # Rural Areas (RA) to Residential Performance (RP) PROPERTY: 71.45+/ - Tax Map Parcel 55-A-210 (the "Property") RECORD OWNER: Canyon, LLC APPLICANT: Canyon, LLC PROJECT NAME: Village at Opequon ORIGINAL DATE OF PROFFERS: April 10, 2007 REVISION DATE(S): The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made or submitted, prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as the rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board') decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Village at Opequon" dated April 10, 2007 (the "GDP"), and shall include the following: Page 1 of 8 LAND USE 1.1 No more than 325 dwelling units shall be constructed on the property. A maximum of 170 of the residential dwelling_ units constructed on the Property may be townhomes. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS. 2.1 Construction of the 325 residential dwelling units shall be phased over a three-year period commencing with the date of final rezoning (DFR). The Applicant shall not make application for more than 109 building permits for residential dwelling units per year. 2.3 The above referenced phasing limitations are cumulative. Notwithstanding anything to the contrary contained in these Proffers, should market conditions dictate a slower pace of construction of the residential dwelling units on the Property, the time schedule for total build out of the Property may exceed three years. 3. PARKS AND RECREATION: 3.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Any amount expended over and above the recreational unit requirements of Section 165-64. Recreational Facilities, Section A. of the Code of Frederick County shall be credited against the contribution to the County for capital improvements to capital facilities owned or maintained by the Frederick County Parks and Recreation Department. 3.2 The Applicant shall contribute to the County the amount of $2239 per single-family detached unit and $1712 per single-family attached unit for capital improvements to capital facilities owned or maintained by the Frederick County Parks and Recreation Department. Any cash payments would be payable upon the issuance of a building permit for each respective unit. 3.3 The recreation building shall be owned and maintained by the homeowners association ("HOA") for the Property. 3.4 Use of the recreation building shall be made available to the residents of the adjacent Haggerty Property Subdivision. Page 2 of 8 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the County the sum of $790 per dwelling unit for capital improvements to capital facilities owned or maintained by the Frederick County Volunteer Fire Departments located in the Redbud Magisterial District, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the County the sum of $583 per dwelling unit for capital improvements to capital facilities owned or maintained by the Frederick County Volunteer Fire Departments located in the Redbud Magisterial District, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOL CONSTRUCTION: 5.1 The Applicant shall contribute to the County the sum of $17,706 per single family detached dwelling unit for capital improvements to capital facilities located in the Redbud Magisterial District of Frederick County (Millbrook High School, Redbud Elementary School, Richard E. Byrd Middle School), payable upon the issuance of a building permit for each single family detached unit. 5.2 The Applicant shall contribute to the County the sum of $12,192 per single family attached dwelling unit for capital improvements to capital facilities located in the Redbud Magisterial District of Frederick County (Millbrook High School, Redbud Elementary School, Richard E. Byrd Middle School), payable upon the issuance of a building permit for each single family attached unit. C� R C .\Cis 6.1 The Applicant shall contribute to the County the sum of $372 per single family attached dwelling unit for capital improvements to capital facilities located in the Redbud Magisterial District and owned or maintained by the Frederick County Public Library System, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the County the sum of $285 per single family attached dwelling unit for capital improvements to capital facilities located in the Redbud Magisterial District and owned or maintained by the Frederick County Public Library System, payable upon the issuance of a building permit for each single family attached unit. Page 3 of 8 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the County the sum of $671 per single family detached dwelling unit for capital improvements to capital facilities owned, maintained and/or operated by the Frederick County Sheriff's Department, payable upon the issuance of a building permit for each single family detached unit. 7.2 The Applicant shall contribute to the County the sum of $513 per single family attached dwelling unit for capital improvements to capital facilities owned, maintained and/or operated by the Frederick County Sheriff's Department, payable upon the issuance of a building permit for each single family attached unit. GENERAL GOVERNMENT: 8.1 The Applicant shall contribute to the County the sum of $320 per single family detached dwelling unit for capital improvements to capital facilities which provide general government services, payable upon the issuance of a building permit for each single family detached unit. 8.2 The Applicant shall contribute to the County the sum of $245 per single family attached dwelling unit for capital improvements to capital facilities which provide general government services, payable upon the issuance of a building permit for each single family attached unit. 9. CREATION OF HOMEOWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to an HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including but not limited to the recreation building, excluding any conservation areas that may be established in accordance herewith which are specifically dedicated to Frederick County (the "County") or others. For each area subject to their jurisdiction, the HOA shall be granted such responsibilities, duties and powers as are customary for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs; (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. Page 4 of 8 10. WATER & SEWER: 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA'). 11. ENVIRONMENT: 11.1 Stormwater management for the Property shall be provided in accordance with all applicable ordinances. 12. TRANSPORTATION: 12.1 The Applicant hereby proffers $3000 per unit in monetary contributions that are to be utilized for road improvements to alleviate transportation problems in the general vicinity of the Property. It is expressly understood that the County may be applying to VDOT for revenue sharing funds and that any monies paid may be utilized by the County for that purpose. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. 12.2 In the event the intersection of existing Valley Mill Road (SR659) and State Route 7 is closed to vehicular traffic in the future, the Applicant shall provide a private access easement with a paved surface driveway connection to the internal roadway system within the Property to serve only the existing residences presently located along existing Eddys Lane (SR820) (the "Private Drive Easement"). The only properties to be served by the private access easement are the existing single family residences located on Tax Map Parcel #55 4 IB, Tax Map Parcel #55 3 E, Tax Map Parcel #55 3 D, Tax Map Parcel #55 3 C, Tax Map Parcel #55 3 B, Tax Map Parcel #55 4 1A, Tax Map Parcel #55 4 1, Tax Map Parcel #55 4 2, Tax Map Parcel # 55 4 3, Tax Map Parcel #55 4 4A, and Tax Map Parcel #55 A 165 (collectively the "Eddy's Lane Properties"). 12.3 Conditioned upon Eddys Lane (SR820) no longer having vehicular access to Route 7 and/or Valley Mill Road (SR659), and further conditioned upon the Eddy's Lane Properties being rezoned to facilitate development of more than the existing single family homes, the Applicant shall make available by reserving a 54 foot wide parcel of land to serve the proposed future development on the Eddy's Lane Properties (the "Reservation Parcel'). The Applicant shall retain ownership and control of the Reservation Parcel. The Reservation Parcel shall be depicted on the GDP. Page 5 of 8 12.4 The Applicant shall only be required to dedicate the Reservation Parcel for public roadway purposes if the Eddys Lane Properties at the time of their rezoning; proffer to reimburse the Applicant for their pro -rata portion of the Applicant's actual costs for designing and constructing the roadway network identified on the GDP as the "Road Work Reimbursement Area". The pro - rata portion of costs shall be based on a ratio of the proposed number of residential dwelling units proposed on each of the respective Eddys Lane Properties vs. the total number of residential dwelling units proposed to be developed on the Property, the adjacent Haggerty property, and the Eddys Lane Properties. The limits of roadwork qualifying for Road Work. Reimbursement shall be described on the GDP. 12.5 Any future rezoning(s) of any parcels comprising the Eddys Lane Properties shall, as a part of their proffers, provide for the County to collect the Road Work Reimbursement from the respective applicant(s) prior to issuance of the subdivision design plan approval for the subject parcel and the County shall deliver the Road Work Reimbursement to the Applicant prior to Applicant dedicating the Reservation Parcel as a private access easement. 12.6 The Applicant reserves the right to establish a minimum per lot proffer amount to satisfy the Road Work Reimbursement requirement which may exceed the pro rata share based upon future development of the Eddys Lane Properties. 13. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: 13.1 Any portion of the Property may hereafter be dedicated for public street purposes (or otherwise conveyed to a public entity) shall, upon such dedication, be excluded from the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the full force and effect of these proffers. 14. SEVERABILITY: 14.1 In the event any portion of these Proffers are subsequently determined to be illegal or unenforceable, the remaining Proffers shall continue in full force and effect. 15. BINDING EFFECT: 15.1 These Proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. Page 6 of 8 16. ESCALATOR CLAUSE: 16.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval of this rezoning, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index (CP -U") published by the United States Department of Labor, such that at the time of contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) Page 7 of 8 Respectfully submitted, Canyon, LLC LO Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: M The foregoing instrument was acknowledged before me this 2007, by My commission expires: Notary Public. Page 8 of 8 day RESERVATION PARCEL,. RESERVE AREA FOR) CONNECTION TO VALLEY HILL ROAD ADAMS PROPERTY PROPOS CREATION--/ HAGGERT CENTER LOCA it TWIN LAKES FWSA OPEQUON - WWTP ROAD WORK REIMBURSEMENT AREA Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. GENERALIZED DEVELOPMENT PLAN 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 The Village RA T 540.667.2139 at Opecluon PH F 540.665.0493 I I I I SCALE: 1 " = 500' 1 DATE: 4/10/07 1 .14 - ,UE E -,MHP S, RESERVATION PARCEL,. RESERVE AREA FOR) CONNECTION TO VALLEY HILL ROAD ADAMS PROPERTY PROPOS CREATION--/ HAGGERT CENTER LOCA it TWIN LAKES FWSA OPEQUON - WWTP ROAD WORK REIMBURSEMENT AREA Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. GENERALIZED DEVELOPMENT PLAN 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 The Village RA T 540.667.2139 at Opecluon PH F 540.665.0493 I I I I SCALE: 1 " = 500' 1 DATE: 4/10/07 1