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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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Imo. r Pm smommam
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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
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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
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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