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Home My WebLink About03-04 ApplicationJuly 19, 2004 Blue Springs View, L.L.C. 43571 John Mosby Hwy., Suite 120 Chantilly, VA 20152 RE: REZONING #03 -04, RACEY TRACT Dear Sirs: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting ofJuly 14, 2004. The above referenced application was approved to rezone 105.65 acres from RA (Rural Areas) District to the RP (Residential Performance). The subject property is located east of Interstate 81, approximately 1/2 of a mile south of Fairfax Pike (Route 277), east of Town Run Lane (Route 1012), and to the south of Ridgefield Avenue (Route 1065) along Ewing Lane. This property is south of Ridgefield Subdivision, east of Stephens Ridge Subdivision, and west of Woodside Subdivision and is identified with Property Identification Number 85 -A -140, in the Opequon Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approvai of this rezoning application. Sincerely, Jeremy F. Camp Planner I1 JFC/bhd r .t cc: Alcesta R. Dyke, Exec., 293 Old Charles Town Rd., Stephenson, VA 22656 Bill M. Ewing, Board of Supervisors, Opequon District Roger Thomas and Rick Ours, Opequon District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street Winchester, Virginia 22601 -5000 j ERIC COUNTY of 'FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 To be completed by Planning Staff- Zoning Amendment Number 05. _O PC Hearing Date 03,0 3/dr/ Fee Amount Paid Date Received 4 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. Applicant: Name: Blue Springs View, L.L.C. Telephone: 703 -929 -9918 Address: 43571 John Mosby Highway, Suite 120, Chantilly, VA 20152 2..Property Owner (if different than above) Name The Estate of Charles Racey c/o Aleesta Dyke and Shelry M. Largent, Executrixes Telephone:703- 929 -9918 Address: 293 Old Charles Town Rd.. Stephenson. VA 22656 3. Contact person if other than above REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Name: Bryan Condie, christopher consultants, ltd. Telephone: 703 -444 -3707 4. Checklist: Check the following items that have been included with this application. Location map x Agency Comments x Plat x Fees x Deed to property x Impact Analysis Statement x Verification of taxes paid x Proffer Statement x 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 Estate of Charles Racey c/o Alcesta Dyke and Shelvy M. Largent, Executrixes 6. A) Current Use of the Property: Vacant B) Proposed Use of the Property: Single- family detached cluster subdivision (minimum 8.000 sq.ft. lots) 7. Adjoining Property: PARCEL ID NUMBER USE ZONING SEE ATTACHMENT "A" 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): Stephens City, east of interstate 81; 0.5 miles south of Route 277 (Fairfax Pike) east of Route 1012 (Town Run Lane); south on Route 1065 (Ridgefield Avenue) to Ewings Lane. 12 Acres Current Zoning Zoning Requested 105.65 RA RP 26.5 RA RA/No Change 105.65 Total acreage to be rezoned Information to be Submitted for Capital Facilities Impact Model 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 or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification /Location: Parcel Identification Number 85 A 140 Magisterial: Opequon Fire Service: Stephens City Rescue Service: Stephens City Districts High School: Sherando Middle School: R.E. Aylor Elementary School: Middletown 10. Zoning Change: List the acreage included in each new zoning category being requested. 1 1. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 228 Townhome Multi- Family: Non Residential Lots: Mobile Horne: Hotel Rooms: Square Foota to of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: 13 12. Signature: 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. 1 (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): rn:1")n(? w Lt C Date: Date: ;bAe_ .ems W Date: er (3 l:t 14 Date: 1 jS 10 d Name and Property Identification Number Address Zone Use Smith, David Linda W. Property 86 E 1 18 132 Driftwood Drive Stephens City, VA 22655 100 Barkwood Drive Stpehens City, VA 22655 102 Barkwood Drive Stephens City, VA 22655 104 Barkwood Drive Stephens City, VA 22655 106 Barkwood Drive Stephens City, VA 22655 108 Barkwood Drive Stephens City, VA 22655 110 Barkwood Drive Stephens City, VA 22655 112 Barkwood Drive Stephens City, VA 22655 RP RP RP RP RP RP RP RP Residential Residential Residential Residential Residential Residential Residential Residential Stevenson, James E. Tammy R. Property 86 E 1 19 Schultz, Scott Rebecca Property 86 E 1 20 Hudson, Freddie E Carole F. Property 86 E 1 21 Baker, Christopher W. Carole Property 86 E 1 22 Weber, Steven A. Tracy B. Property 86 E 1 23 Laporete, Timothy J. Karen S. Property 86 E 1 24 Dobersztyn, David M. Dawn M. Property 86 E 1 25 Dreyer, Mark R. Susan L. Property 86 E 1 26 114 Barkwood Drive Stephens City, VA 22655 RP Residential Ford, Albert D. Mary D. Property 86 E 1 27 116 Barkwood Drive Stephens City, VA 22655 RP Residential Dean, Timothy A. Sr., Christi R. Property 86 E 1 28 118 Barkwood Drive Stephens City, VA 22655 RP Residential Kidd, James C. Ingrid K. Property 86 E 2 2 13 114 Trunk Drive Stephens City, VA 22655 RP Residential Malik, Jared Naeema Property 86 E 2 2 14 116 Trunk Drive Stephens City, VA 22655 118 Trunk Drive Stephens City, VA 22655 RP RP Residential Residential Ragaller, Timothy A. Diane M. Property 86 E 2 2 15 7. Adjoining Property Owners ATTACHMENT "A" Schneider, Paul C. Jennifer G. Property 86 E 2 2 16 120Trunk Drive Stephens City, VA 22655 122 Trunk Drive Stephens City, VA 22655 RP RP Residential Residential Cooley, Bryan K. Sharon L. Property 86 E 2 2 17 Corbit, Steven Kathryn Property 86 E 2 2 18 124 Trunk Drive Stephens City, VA 22655 RP Residential Marks, Alfred H. Jr. Julia G. Property 86 E 2 2 19 126 Trunk Drive Stephens City, VA 22655 128 Trunk Drive Stephens City, VA 22655 130 Trunk Drive Stephens City, VA 22655 132 Trunk Drive Stephens City, VA 22655 134 Trunk Drive Stephens City, VA 22655 P.O. Box 3457 Winchester, VA 22604 RP RP RP RP RP RP Residential Residential Residential Residential Residential Residential Duke, Patricia Kelly Property 86 E 2 2 20 Skeith, Joe David Sheila K. Property 86 E 2 2 21 Mitchell, Jent P. III F. Anne B. Property 86 E 2 2 22 Smiy, Kenneth P. Property 86 E 2 2 23 Patton, Dale E. Diane A. Property 86 E 2 2 24 Philibin, Gary L. Stacey D. Property 86 E 2 2 25 138 Trunk Drive Stephens City, VA 22655 129 Branch Court Stephens City, VA 22655 RP RP Residential Residential Smith, Paul A. Jackson, Mildred Jan Property 86 E 2 2 26 Rodgers, Ronald E. ElIan S. Property 86 E 2 2 27 127 Branch Court Stephens City, VA 22655 125 Branch Court Stephens City, VA 22655 RP RP Residential Residential Berlowitz, Morris Helene Property 86 E 2 2 28 Shickle, Lester G. Jeanette C. Property 86 E 2 2 29 123 Branch Drive Stephens City, VA 22655 121 Branch Drive Stephens City, VA 22655 119 Branch Drive Stephens City, VA 22655 P.O. Box 5 Stephens City, VA 22655 RP RP RP RP Residential Residential Residential Residential Sybert, Ronald E. Nancy M. Property 86 E 2 2 30 Disque, Dale W. Dayle P. Property 86 E 2 2 31 Burch, Patricia A. Property 86 E 2 2 32 Mohan, Robert Mary Beth Property 86 E 2 2 33 115 Branch Court Stephens City, VA 22655 RP Residential Dirnagl, Alfred Christine Property 86 E 2 2 34 113 Branch Court Stephens City, VA 22655 RP Residential MacGregor, Gregory T. Pamela D. Property 86 E 2 2 35 111 Branch Court Stephens City, VA 22655 RP Residential Phillips, William R. II Property 85 B 1 17 118 Meadowbrook Drive Stephens City, VA 22655 RP Residential Dursey, Walter H. Jr. Property 85 B 1 18 120 Meadowbrook Drive Stephens City, VA 22655 122 Meadowbrook Drive Stephens City, VA 22655 RP RP Residential Residential Sharon M. LaRoche Living Trust Property 85 B 1 19 Campbell, Kurt A. Jammie M. Property 85 B 1 20 124 Meadowbrook Drive Stephens City, VA 22655 126 Meadowbrook Drive Stephens City, VA 22655 128 Meadowbrook Drive Stephens City, VA 22655 501 Ridgefield Avenue Stephens City, VA 22655 RP RP RP RP Residential Residential Residential Residential Swain, Rachel C. Property 85 B 1 21 Dixon, Anthony C. Property 85 B 1 22 Rose, Thomas B. II Property 85 C 2 79 Deiter, Cynde Anne Jones Property 85 C 2 80 503 Ridgefield Avenue Stephens City, VA 22655 507 Ridgefield Avenue Stephens City, VA 22655 RP RP Residential Residential Pumphrey, Round W. Property 85 C 2 82 Soule, Chap R. Property 85 C 2 83 509 Ridgefield Avenue Stephens City, VA 22655 511 Ridgefield Avenue Stephens City, VA 22655 112 Grove Court Stephens City, VA 22655 114 Grove Court Stephens City, VA 22655 113 Grove Court Stephens City, VA 22655 RP RP RP RP RP Residential Residential Residential Residential Residential Lafollete, Kenneth M. Property 85 C 2 84 Linaburg, Mikkia Property 85 C 1 2 92 Bennett, Brady L. Christine L. Property 85 C 1 2 93 Murphy, John D. Shirley M. Property 85 C 1 2 94 Brown, Mae M. Property 85 C 1 2 95 111 Grove Court Stephens City, VA 22655 109 Grove Court Stephens City, VA 22655 107 Grove Court Stephens City, VA 22655 105 Grove Court Stephens City, VA 22655 103 Grove Court Stephens City, VA 22655 101 Grove Court Stephens City, VA 22655 217 Ridgefield Stephens City, VA 22655 RP RP RP RP RP RP RP Residential Residential Residential Residential Residential Residential Residential Payne, Robert A. Property 85 C 1 2 96 Artz, Harold A. Jr. Bridget A. Property 85 C 1 2 97 Shirley, David E. Property 85 C 1 2 98 Fiorvanti, Richard L. II Property 85 C 1 2 99 Livingood, Clara C. Property 85 C 1 2 100 Sandretzky, Ronald W. Tammy M.W. Property 85 C 1 2 101 Gary L. Stephen P. Scothorn Property 85 A 139 604 Ewings Lane Stephens City, VA 22655 P.O. Box 43 Winchester, VA 22604 RA RA Agricultural Local Government Frederick Winchester Property 85 A 141 Gary L. Linda O. Scothorn Property 85 A 139A 506 Ewings Lane Stephens City, VA 22655 511 Ewings Lane Stephens City, VA 22655 RA RA Residential Residential James R. Jane S. Young Property a85 A 139B Town of Stephens City Property 85 A 142 P.O. Box 250 Stephens City, VA 22655 461 Westmoreland Dr. Stephens City, VA 22655 914 Double Church Rd. Stephens City, VA 22655 RA RA RA Local Government Agricultural Agricultural Ours, Rick Property 86 A 25 Painter, Herbert M. Property 86 A 21A Preliminary Matters Monetary Contribution General Development Plan REZONING REQUEST PROFFER Property Identification Number 85 -A -140 Opequon Magisterial District MEADOWS EDGE (RACEY TRACT) Pursuant to Section 15.2 -2296 et. Seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #03 for the rezoning of 105.6 acres from the Rural Area (RA) to Residential Performance (RP). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia Law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. This monetary proffer provides for $7,571.00 for Frederick County Schools; $1,288.00 for Frederick County Parks and Recreation; $755.00 for Frederick County Fire and Rescue; $213.00 for Public Library; $42.00 for Sheriff's Office and $203.00 for Administration Building. 1. On the 105.6 acres to be rezoned RP no more than 228 single family dwelling units shall be constructed. These units will create a single family detached cluster development with a minimum of 8,000 s.f. lots. The undersigned, who is the applicant of the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 105,6 acres with access from Town Run (Rt. 1012) in the Opequon Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay Frederick County at the time each building permit is applied for the sum of $10,072.00 per lot. Voluntarily proffered is the attached General Development Plan including the following improvements: 2. Pursuant to an agreement with Stephens City, a public right of way will be dedicated through Parcel #85 -A -142 from the existing right of way of Town Run Lane (Rt. 1012) to the subject property's western boundary, generally as shown on the General Development Plan. The applicant will grade the full width of the right of way so as to accommodate an ultimate four -lane undivided collector road. The applicant will construct two travel lanes, which would be compatible to the ultimate four laning of the roadway, if the County and VDOT should choose to proceed with a future four -lane collector road. The construction of these two travel lanes shall be constructed prior to any connection being made to Driftwood Dr. and Branch Court, from the Meadows Edge development. 3. At the request of Frederick County or VDOT and at no cost to them, the applicant or homeowners association shall dedicate area for an 80' right of way along the southern boundary of the subject site; alignment of said right of way shall be determined upon final engineering. The applicant or homeowners association shall provide for all necessary construction easements needed in association with such 80' right of way. Such R.O.W. will run from where the 80' R.O.W. outlined in proffer 2 intersects the subject property's western boundary completely through the RP zoned portion of the site. Such a request may be made at any time for a period of 99 years from the date of approval of the rezoning. In any event, neither the applicant, nor the HOA will be prohibited from granting reasonable ingress /egress easements to any properties located adjacent to the southern boundary. 4. The 26.5 acres outside of the UDA to remain zoned RA shall be available to the county for a period of 99 years from the date of approval of the rezoning. The county may use said area or any part thereof for any use deemed necessary by the Frederick County Board of Supervisors. Upon request by the Board of Supervisors, the developer or the Homeowner's Association shall dedicate such land at no cost to Frederick County. In any event, neither the applicant, nor the HOA will be prohibited from granting reasonable ingress /egress easements to any properties located adjacent to the southern boundary. 5. No building permits will be issued for any residential units within the project until such time as the improvements shown on the Stickley Drive extension plans prepared by Gilbert W. Clifford Associates entitled "Stickley Dr. Extension," dated 4/2/02 and revised through 12/20/02, have been constructed and are open for traffic usage. 6. In addition to the improvements associated to Town Run Lane (Rt. 1012) shown on the Stickley Drive Extension plans prepared by Gilbert W. Clifford Associates entitled "Stickley Dr. Extension," dated 4/2/02 and revised through 12/20/02, the applicant will also provide improvements to Town Run Lane along the frontage of the Town of Stephens City property, parcel #85 -A -142 by overlaying said road with a bituminous concrete surface. Guardrails shall be installed on both sides of Town Run Lane in those areas where VDOT standards require guardrails and subject to VDOT approval. These improvements shall be bonded and complete prior to the issuance of the 1 building permit. 7. Prior to the issuance of any building permits for residential units within the project, the applicant will construct improvements to the Fairfax Pike /Stickley Drive intersection. These improvements will include a second thru travel lane on Fairfax Pike, in both the east and westbound directions, an exclusive right turn lane on eastbound Fairfax Pike, and an upgrading of northbound Stickley Drive to three lanes so as to accommodate an exclusive left turn lane, a shared left thru lane, and an exclusive right turn lane. If the County and VDOT project to install a traffic signal at the Fairfax Pike /Stickley Dr. 2 intersection is done concurrent with or in anticipation of this proffer's improvements, this applicant will make a cash contribution of $200,000, required immediately after completion of the proffer improvements to Frederick County, and such monies are to be used by the County and VDOT for other road improvements to Fairfax Pike between 1 -81 and Double Church Rd. However, if the traffic signal has been installed in such a way as to require the applicant to modify the signal due to the applicant's improvements, the $200,000 cash contribution will be reduced by the applicant's cost to so modify the traffic signal to meet the applicant's proffered improvements as stated above. If no signal has been installed at the Fairfax Pike /Stickley Drive intersection by the time the applicant starts these improvements, the applicant will install the necessary signal but will not make any cash contribution. Either this installation or modification will occur prior to the first residential building permit being issued for the site. 8. Prior to the issuance of any building permits for residential units within the development, the applicant will re- stripe the westbound right turn lane on Fairfax Pike at the Town Run Lane intersection to a shared thru right lane, which will carry traffic through to the 1 -81 northbound on -ramp. 9. Prior to this applicant connecting to the existing interparcel roadways in the Woodside Estates subdivision, i.e. Branch Court and Driftwood Drive, the applicant will construct the following improvements to the Fairfax Pike /Double Church Road intersection. The applicant will construct a second eastbound thru travel lane on Fairfax Pike, an exclusive southbound left turn lane onto Double Church Road and re- stripe the northbound approach on Double Church Road to provide an exclusive left turn and a shared thru right turn lane. The applicant will modify the existing signals at this intersection to accommodate the lane improvements outlined above. 10. All construction traffic will be required to enter the site through the Town of Stephens City property, parcel 85 -A -42. At no time, shall any construction vehicles or materials gain access to the site from Driftwood Drive or Branch Court. The applicant will post and enforce this exclusion of construction vehicle access throughout the construction process. 11. Prior to the applicant connecting to Branch Court and Driftwood Drive, the applicant will submit core samples, or other acceptable information of Branch Court, Trunk Drive, and Driftwood Drive, for the existing pavement of those roadways to VDOT. Included with that information will be an analysis of the existing pavement's capability to carry the anticipated traffic based on VDOT standards. If the analysis shows the pavement needs to be upgraded, the applicant will upgrade the pavement as directed by VDOT. 12. The applicant will use traffic calming measures at the connection points of Driftwood Drive and Branch Court, subject to VDOT approval. Subject to VDOT approval, the applicant will utilize a choker method recommended by the Institute of Transportation Engineers, which will narrow lane widths at these connection points to minimize vehicle speed (see Figure 5). In addition, the applicant will place $40,000 in an escrow account for a period of three years. The escrow account will be established concurrent with the issuance of the 220 building permit or upon opening of the connection 3 points, whichever comes first. If the County and VDOT should identify the need for additional traffic calming measures, they may request these funds for use in installing same. 13. Pursuant to the General Development Plan, a centrally located community pool and bathhouse will be provided on approximately 1.4 acres of the site. This facility will be constructed and available for use prior to the issuance of the 150 residential building permit in the project. The pool will be constructed at a minimum size of 3,500 s.f. On a one -time basis, approximately six months prior to the start of construction of the pool facility, membership to the facility will be offered to property owners in the adjoining Woodside Estates I, Woodside Estates II, and Ridgefield communities. Based on the number of additional memberships from the open membership period, the applicant will increase the size of the pool, if such increase is warranted. The applicant will provide a bond in an amount adequate to construct both the swimming pool and bathhouse to provide assurance that if the project does not exceed the 149 building permit, the funds to construct these two facilities will be available. 14. A tennis court and sports court will be located within the 1.4 acres associated with the community pool and bathhouse. These recreation areas will be constructed and available for use prior to the issuance of the 150 residential building permit of the project. The applicant will provide a bond in an amount adequate to construct both the tennis court and sports court to provide assurance that if the project does not exceed the 149 building permit, the funds to construct these two sports courts will be available. 15. A central green space will be preserved and will be shown on the General Development Plan. This green space will be at a minimum of 1.3 acres in size. A tree save area will also be provided in the northwestern portion of the Meadows Edge. This area is shown on the General Development Plan. The exact limits of this tree save area will be subject to minor adjustments based on final engineering. 16. Pursuant to the General Development Plan, an area 50 feet in width will be provided north of the town green area. This area will remain as open space and provide a pedestrian linkage to the town green and pool facilities for residents of Woodside Estates. 17. Open space will be provided along the existing communities of Woodside, Ridgefield and Stephens Ridge. This open space area will be a minimum of 40 feet in depth. This 40 foot open space area will be shown prominently on the General Development Plan. 18. No structures of any type, including but not limited to decks, additions, etc., shall be located within the 40 foot buffer area, tree save area or slopes of 15% or greater. 19. No lots or structures shall be permitted within 200 feet of the southern boundary adjacent to the Agricultural District while such area is under the control of the Homeowner's Association. 4 20. A landscape Buffer will be provided and shown on the General Development Plan within the southern green space parcel. The buffer will start approximately 400 feet east of the common boundary line with the FCSA parcel and continue in an easterly direction for a distance of 800 feet along the parcel's southern boundary, except where any driveway access must be maintained to the existing residences to the south. 21. A Homeowner's Association shall be formed; such association will specifically prohibit construction of any structures within any open space or buffer areas with the exception to the improvements of the pool and town green area. The Homeowner's Association Documents shall further provide that all open space shall be kept free of litter and other foreign debris. They will stipulate that the HOA has responsibility for maintenance and upkeep of the pool facilities, the community green and all other common open spaces. 22. The applicant will provide and construct a five -foot sidewalk along the east side of the Town Run Lane ROW on the Stephens City property from the northern side of the collector road's intersection with the Town Run Lane to the property's northern boundary. This sidewalk is conditional based on the approval of the Town of Stephen City to provide an easement for such sidewalk. The applicant shall be responsible for all costs of providing such easement. 23. The applicant shall construct a hard surface pedestrian /bicycle trail 10 feet in width from Rt. 1012 (Town Run Lane), to the proposed sidewalk located within the proposed development. This trail is conditional based on the approval of the Town of Stephens City to provide an easement for such trail. The applicant shall be responsible for all costs of providing such easement. 24. A statement shall be added to the General Development Plan and covenants for all lots created by this project advising that agricultural uses exist to the South and East of the site, and wastewater treatment facilities exist or previously existed to the southwest of the site. 25. The applicant shall be issued building permits for no more than 75 single family units for each of the first two years and 78 single family units the third or any subsequent year following final subdivision approval for all or any portion of the project by the county, except that the applicant may carry over any unused portion of said units per year to subsequent years. 26. During construction the applicant will meet or exceed all requirements of the Virginia Erosion and Sediment Control Handbook and /or Frederick County requirements, whichever is more restrictive. Runoff from all disturbed areas will be channeled to onsite erosion and sediment control facilities. Such facilities will be inspected on a daily basis and shall be maintained in good working order until all disturbed areas draining to them have been fully stabilized. 27. The developed site will meet or exceed all requirements of the Virginia Stormwater Management Handbook and /or Frederick County requirements whichever is more restrictive, both in terms of stormwater quantity and quality. However, the applicant will not utilize any stormwater management facilities that include permanent pools of water, i.e. wet ponds. Where the 5 subject site drains to existing developed areas, the applicant will channel all onsite runoff to onsite stormwater management facilities, which will then discharge into any existing offsite storm drainage systems at or below the design capacity of those systems. Where onsite stormwater management facilities discharge into natural channels or streams, the onsite facilities will control the discharge and release it at a rate that will not increase the existing flow of the natural receiving channel. 28. The applicant will provide for the closure of an abandoned sanitation lagoon located on the Town of Stephens City, Parcel 85 -A -142. This sanitation lagoon closure will be in strict conformance with the closure plan titled Wastewater Lagoon Closure Plan identified as Appendix "B" provided within this rezoning application, approved by The Virginia Department of Health dated September 9, 2002. Furthermore, the applicant proffers additional procedures beyond the approved closure plan. These additional procedures are identified as Appendix "B1" and provided within this rezoning application. 6 1 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER By: L.f./Afta 4 1 1 �L1 BY: Executrix of the Estate of arles W. Racey Date: G- 0 9 05/ STATE OF VIRGINIA, AT LARGE FRCDCRICK ee3NTY, To -wit: CITY OF WINCHESTER The foregoing instrument was acknowledged before me this 9 day of 1 -rte— 2004, by i 1 C -Sk a My commi sion expire Notary Public (nta-5--,._.q STATE OF VIRGINIA, AT LARGE CITY OF WINCHEWTER, To -wit: The foregoing instrument was acknowledged before me this 30th day of June, 2004, by Shelvy M. Largent. OP My commission expires 0 Notary Public at.d o ncutoi-LQ 7 Estate ofCharle; W. Racey Date: (9