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HomeMy WebLinkAbout14-04 ApplicationFebruary 14, 2005 Mr. Charles E. Maddox, Jr. Patton Harris Rust Associates 11 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: REZONING #14 -04, HAGGERTY PROPERTY Dear Chuck: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of February 9, 2005. The above referenced application was approved to rezone 111.56 acres from RA (Rural Areas) District to RP (Residential Performance), with proffers. The subject property is located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1.500 feet south of Route 7, and is identified with Property Identification Numbers 55 -A -212 and 55- A -212A, in the Red Bud 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, revision date February 9, 2005 and signed on February 10, 2005, for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Michael T. Ruddy Deputy Planning Director MTR/bad Enclosure a �kff�FY,,. COU Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 cc: The Canyon, LC, PO Box 3276, Winchester, VA 22601 Gina A. Forrester, Red Bud Magisterial District Supervisor Pat Gochenour and Marie F. Straub, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate 101 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 REZONING APPLICATION #14 -04 HAGGERTY PROPERTY Staff Report for the Board of Supervisors Prepared: February 3, 2005 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted hp staff where relevant throughout this staff report. Reviewed Action Planning Commission: 01/19/05 Recommended Approval Board of Supervisors: 02/09/05 Pend+eef- PROPOSAL: To rezone 111.56 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers. LOCATION: The property is located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER(S): 55 -A -212, 55- A -212A PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Agricultural /Vacant /Residential ADJOINING PROPERTY ZONING PRESENT USE: 0 North: RA (Rural Area) Use: Municipal Water Reclamation Facility Residential South: RA (Rural Area) Use: Residential and Agricultural East: Clarke County Use: Vacant and Agricultural West: RA (Rural Area) Use: Residential and Agricultural RP (Residential Performance) Vacant PROPOSED USES: Residential (single- family detached homes and single family attached townhomes, with a maximum number of 300 units). Rezoning 14 -04 Haggerty Property February 3, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The proposed development put forth by PHR &A has an excellent internal roadway system and a potential for putting forth a vital first step in a collector roadway extending from Route 7 to Senseny Road that is critical in the County's future growth. This will need to be addressed by Frederick County. VDOT is concerned that the existing road system cannot accommodate this additional traffic. Unless the developer designs a collector roadway, obtains the needed right -of -way for the collector roadway traffic and builds two lands of this roadway VDOT cannot support this development as currently proposed If the developer(s) adopts the spine road with a new crossover option on Route 7, VDOT will propose a cul -de -sac design for Route 820 at approximately the 20 +00 location. Through inter parcel connectors connecting existing as well as future development will have access to the proposed spine road to Route 7 or Route 657. Fire Marshal: An emergency vehicle access should be diligently pursued which will allow a separate access to the site during construction. Extension of municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90 -4. Plan approval recommended. Department of Inspections: No comment required except that 100 year flood plan elevation shall be identified on subdivision when submitted. Frederick Winchester Service Authority: Please see the attached letter dated January 6, 2005,_from Jesse W. Moffett, Executive Director. Public Works Department: Please see the attached letter dated June 4, 2004, from Harvey E. Strawsnyder, Jr., P.E., County Engineer. Sanitation Authority: Will there be adequate water pressure and volume with only one supply line? Will the "future water loop" referred to on the water and sewer layout drawing be required with "initial construction Refer to Eastern States Engineering's revised master development for Channing Drive, Phases 9 and 10, for water routing to the site. Frederick- Winchester Health Department: Adequate water and sewer must be provided. Frederick County Department of Parks Recreation: Plan appears to offer an appropriate proffer to offset the impact this development will have on the parks and recreational services provided by the county. Plan also indicates adequate open space and recreational units will be provided. However, detailed information regarding open space and proposed recreational units (including trails) will be required later in the review process. Winchester Regional Airport: Please see attached letter dated May 13, 2004, from Serena. R. Manuel, Executive Director. Frederick County Public Schools: Please see the attached letter dated July 9. 2004, from Mr. Al Orndorff, Assistant Superintendent For Administration. Rezoning #14-04 Haggerty Property February 3, 2005 Page 3 Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the [ARAB. As you have indicated in your impact statement, the Rural Landmarks Survey and the Comprehensive Policy Plan do not identify any significant historic structures or battlefields located on or adjacent to the property. Clarke County Planning Administrator: Please see attached letter dated December 21, 2004, from Mr. Chuck Johnston. Planning Director, Clarke County. Attornev for Planning Department: Please see attached letter dated November 23, 2004. from Mr. Robert T. Mitchell, .Jr. Planning Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies this parcel as being zoned A -1 Agricultural. The County's A -1 and A -2 agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning neap resulted in the re- mapping of the subject properties and all other A -1 and A -2 zoned land to the RA (Rural Areas) District. Historically, this site was used for agricultural activities and was primarily unimproved. A farmhouse and an agricultural building still exist on the site today; however, active agricultural operations have evidently not occurred on the property for several years. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan. p. 1-1] Land Use The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use map designates the general area in which the Haggerty property is located for residential land uses. The average overall residential density of the Urban Development Area should not exceed three units per acre. More specifically, the Zoning Ordinance stipulates that properties which contain more than one hundred acres should not exceed four units per acre. With the more urban densities envisioned for development in the UDA the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to Rezoning #14-04 Haggerty Property February 3, 2005 Page 4 accommodate the desired land uses and densities. Further, as land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as environmental open space is an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. Transporialion The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right -of -ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). Route 37 is a road improvement need that is identified in the Eastern Road Plan and is a priority in the County's Primary Road Improvement Plan. Accommodations for this new major arterial road should be incorporated into the project. In an effort to provide a safe and efficient road system, the County's transportation policy also seeks to identify new collector and arterial roads that are needed in the general road plan and develop a means to reserve rights -of -way for these roads. This policy is applicable when considering solutions to the transportation needs of this particular section of the County. New development in the Urban Development Area should only be approved when roads and other infrastructure with sufficient capacity have been provided. The Comprehensive Plan identifies that a level of service "C" should be maintained on roads adjacent to and within new developments and that traffic analysis should be provided by the applicants to insure that needed road improvements are identified in order to maintain or improve upon the level of service. (Comprehensive Policy Plan 7 -5). 3) Site Suitability/Environment The Haggerty site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property and the implementation of a variety of regional infrastructure needs. The Opequon Creek provides the eastern border of the site. This feature and its associated floodplain warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The area of this site in floodplain, wetlands, lakes, and ponds totals approximately twenty acres, or eighteen percent of the 111.56 acre site. By current County definition this project contains no steep slopes. The Comprehensive Plan identifies the preservation of the stream valleys as Rezoning #14 -04 Haggerty Property February 3, 2005 Page 5 environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The application proposes development of a greater intensity in the reasonably level open areas and offers areas that will be set aside for environmental and open space purposes. In the area most impacted by site constraints, downhill to the east of the Route 37 right -of -way, the residential uses will be clustered to accommodate the site features and a significant amount of open space and park land is proposed. This open space should be designed to effectively buffer the riparian nature of the Opequon Creek and its minor tributaries. The application identifies that the project reserves approximately twenty acres of open space area adjacent to the FWSA property. This area contains environmental features, is bordered by the Opequon Creek, and was previously identified as being available for public use, potentially as a park site. The current application states that this acreage may be used by the FWSA for enhanced buffering of the treatment facility or to support facility expansion. Recognizing the above statement and given the character of this land and its location, it would be appropriate for the application to secure the dedication of this land for public use by incorporating it into the proffer statement for the application. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this project projected that the mixed residential development plan consisting of 300 units would generate 2, 833 vehicle trips per day. The report was developed assuming that sole access to the project was provided to Route 7 via Eddys Lane, Route 820, and Valley Mill Road, Route 659. The distribution and assignment of the Haggerty property generated trips was placed onto the study area road network and an analysis of the capacity and level of service for existing and future conditions was performed. As is described in an upcoming section, the transportation approach was modified considerably, in particular the site access. However, based upon discussions with the Virginia Department of Transportation (VDOT), the conclusions of the report can comfortably be translated to the intersection of the proposed collector road and Route 7. It is important to recognize that the suggested improvements and lane geometry identi fied as being needed to maintain an acceptable level of service should be fully implemented at the new intersection with Route 7 and should be guaranteed with the Haggerty project. Route 37. The Haggerty rezoning application addresses the Route 37 major arterial road improvement project identified in the County's Eastern Road Plan for Frederick County by proffering to fully dedicate the right -of -way needed to accommodate this important road project through the subject property. The 12.48 acres proffered to be dedicated is consistent with the location and detail identified in the Route 37 Corridor Study Plans and would enable the ultimate construction of Route 37 through the subject property. it is important to note that the proposed Rezoning #14-04 Haggerty Property February 3, 2005 Page 6 language regarding the land dedication ofthe Route 3 right of way contains a ten year sunset cknse on the dedication ofthe right -of -way. The Comely should evaluate if such a swrse! clause is appropriate given the magnitude of the road improvement the dedication would facilitate. A is staff's belief that the timing of the dedication should he reevaluated with the .sunset clause being eliminated. Transportation approach. The transportation needs in this area of Frederick County are recognized as are the traffic impacts generated by this proposal. Of particular importance is the need for a north -south collector road that would provide safe and convenient access between Senseny Road, Route 657. and Route 7. This may be considered a short term solution when compared to the completion of Route 37. However, a collector road making a direct connection to Route 7 is an important short term solution to Eastern Frederick County's transportation needs. The original concept evaluated with this project proposed utilizing Eddys Lane, Route 820, and Valley Mill Road east. Route 659, as the principal means of ingress and egress for the project from Route 7. It was evident that the impacts associated with such an approach were problematic without substantial improvements to Eddys Lane, Route 659, and Route 7. The feasibility of this option as a means of addressing the access to the project was deemed to be unacceptable. Further, the feasibility of this route as a viable collector road connection from Route 7 to Route 657 was questionable. The applicant then pursued a thorough evaluation of the transportation needs of this area and developed a responsive transportation program which is described as follows. The concept of a major collector road parallel to the Route 37 right -of -way with a direct extension north to Route 7 and provisions for a continuation ofthe road to the southern property line of the Haggerty property was developed and identified as a desirable solution to the transportation needs of the project and the area. This approach was recognized as the preferred transportation concept of the County provided there are no additional impacts to the present and future function ofthe Opequon Water Reclamation Facility and that the ultimate construction of Route 37 is not negatively impacted. The applicant has continued to work with the FWSA regarding the road location and ensuring that the proposed program does not negatively impact their facility. At their meeting on December 27, 2004, the FWSA provided an endorsement of the concept provided that the needs of the FWSA as previously identified were addressed by the applicant. The described collector road connection has merit both as a solution to the projects transportation needs before and after the construction of Route 37, and the broader transportation needs of the County. The roadway connection linking the west and east sides of the development has been located to recognize the ultimate construction of Route 37 and consideration has been given to minimizing future construction costs associated with Route 37 and inconvenience to the future residents of the project. South of the Haggerty project, the opportunity exists to continue this collector road concept to Route 657 in conjunction with future plans for the adjoining property to the south of the Haggerty property. To the North, Rezoning #14 -04 Haggerty Property February 3, 2005 Page 7 discussions with VDOT indicate merit to an at grade intersection further west of the existing median crossover on Route 7. This would be in direct alignment with the proposed eastern most access to Route 37. The transportation approach also provides for the reservation of a sixty foot right-of-way to the adjoining properties to the west which would facilitate inter parcel connectivity, access to the collector road, and accommodate future trips from the properties to the west in a coordinated way. The proposed reservation o f this right -of -wary should he reduced 10.0J/feet to ensure that a local street connection could be accommodated as opposed to a collector road. The intent of the connection is to provide access to the Haggerty collector road fironr adjacent Adams property. As proposed by the applicant, the transportation approach appears to address the general needs of the project and would provide the framework for an acceptable solution to the immediate transportation needs of the area. To provide a complete solution, specific attention needs to be paid to the detail of the connection to Route 7 described below. Recent discussions with VDOT indicate their endorsement of the approach presented by the applicant. However, it should be noted that V DOT share the concerns of the Planning Staff with regards to the lack of clarity on the collector roads intersection with Route 7 and the completion of any associated improvements, including the signalization. It is reiterated that the suggested improvements and lane geometry identified in the TIA as being needed to maintain an acceptable level of service should be fully implemented at the new intersection of the collector road and Route 7 and should be guaranteed with the Haggerty project. Failure to implement this critical component of the transportation program would result in an unacceptable level of service at this significant intersection with Route 7 and a conclusion that the transportation impacts associated with the Haggerty Property rezoning have not been fully mitigated. B. Sewer and Water The Haggerty rezoning proposal is estimated to require approximately 50,000 gallons per day of water usage and to generate a corresponding amount of wastewater flow. The Frederick County Sanitation Authority will serve the property and the wastewater from the site will go to the Opequon Regional Wastewater Facility. Regional infrastructure needs have been identified in this area of the County and planned for by the Frederick County Sanitation Authority with the Senseny Road Sewage Upgrade Program. The needed improvements include a regional sewage pump station near the Opequon Creek and an associated force main that would provide a direct connection with the Opequon Water Reclamation Facility. The Haggerty application addresses the FCSA's needs by proffering the dedication of the lands needed to accommodate the regional pump station and force main. Water Service will be provided to this site from the adjacent development to the west. The Rezoning #14 -04 Haggerty Property February 3, 2005 Page 8 Haggerty application proposes the extension ofthe water main system beyond the limits of their site to address a need ofthe FWSA and the Opequon Water Reclamation Facility. This facility is presently served by an independent water system and the extension ofthe water system to this facility would enhance their water supply service and provide them with improved fire protection. It has been noted previously that the applicant has discussed the potential dedication of' approximately twenty acres of land adjacent to the FWSA property for potential open space or public use. The acquisition of this property for public use is desirable and should be secured with this application. It would enhance the operations of' the Opequon Water Reclamation Facility and provide a significant buffer adjacent to the proposed road and residential development. A buffer of 600 feet from the presently planned future treatment units has been proffered by the applicant. This is consistent with current ordinance requirements. Clearly the dedication ofthe area identified would significantly improve the effectiveness of any buffering of the Opequon facility. The potential may exist for portions of this land to be jointly used for open space or recreational purposes which further enhances the desirability of the property. C. Historic Resources The Rural Landmarks Survey of Frederick County includes the Haggerty 1 -louse #34 -398) which is located at the center of the site on parcel 55- A -212A. However, the survey does not identify this as a significant historic structure. Further, there are no battlefields located on or adjacent to the property. Consequently, it appears that the proposal does not significantly impact historic resources and it was determined that it was not necessary to schedule a formal review of the rezoning application by the HRAB. D. Community Facilities The Frederick County Fiscal Impact Model is a tool that is used to identify the capital costs associated with various types of proposals presented to the County. The projected costs to Fire and Rescue_, Public Schools, Parks and Recreation, Library, Sheriffs Office, and for the Administration Building are calculated and provided to the applicant for their consideration. In an effort to mitigate the impacts generated by the Haggerty project on the identified community facilities, the applicant has proffered a pr unit monetary contribution in the amount of $10,211 for each single family detached unit and $8,051 for each single family attached townhouse unit. This is consistent with the capital costs identified in the Frederick County Fiscal impact Model. In addition, the applicant has included an escalator clause in the proffer statement that seeks to address the effects of inflation on the value of proffered monetary contributions. It is desirable fin the escalator clause associated with the payment ("Proffers to be initiated within a shorter lirnefr•ame. Eighteen months would bed appropriate and consistent with other projects the County is farnilwr with. Rezoning 14 -04 Haggerty Property February 3, 2005 Page 9 5) Proffer Statement Dated December 20, 2004 A) General Development Plan. The applicant has provided a Generalized Development Plan (GDP) for the Haggerty project, a copy of which is included with the application and Proffer Statement. The GDP provides guidance in the interpretation of the Proffer Statement and identifies specific proffered improvements including the following: The proposed FCSA Regional Pump Station project (1), the 600' buffer adjacent to the FWSA operations (2), the extension of the water main to the FWSA property (3), the construction of the "spine" collector road from Route 7 to the southern property line (4), the right -of -way for a future collector road to the properties to the west (5), the right-of-way for Route 37 through the limits of the Haggerty property (6), and the construction of landscape screen adjacent to the Route 37 right -of -way (7). B) Residential Uses. The applicant has proffered that residential development on the property shall not exceed three hundred (300) residential units and that housing types shall be limited to single family attached and single family detached units. Flexibility within an identified range has been maintained with the actual mix of residential unit types. More specifically, the proffer statement states that single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. Conversely, this would represent that single family attached townhouse units would comprise of a minimum of 150 units and a maximum of 240 units. The overall residential density of this project is proposed to be 2.68 units per acre. Section 2.2 of the .statement identifies a phased approach to the construction of[he residential development. The reality of the approval process would suggest that the 36 month requirement of Section 2.3 would result in all of the units being built in a very short period of time. The intent of the phasing is to ensure a steadier inclusion ofresidential units and residents into the County. It is suggested that the 36 month condition is removed from the proffer .statement, and potentially Section 2.3 in its entirety. This would assist in the mitigation of the impact ofa large influx of new building permits in n short period of time. C) Transportation. As discussed previously in the report the applicant has proffered transportation improvements consistent with the Generalized Development Plan that seek to address the impacts of the project on the transportation system and enhance the regional transportation network. The proffered improvements include the dedication of the right -of -way for Route 37, the construction of a central collector road from Route 7 to the southern property line of the Haggerty project parallel to the right -of -way for Route 37, the preservation ofa right of-way for a future local street connection to the adjacent Adams property located to the west of the Haggerty site, and the construction ofa landscape screen adjacent to the future Route 37. With regards to the dedicated right- of- wayjbr Route 37, it would he appropriate for the applicant to speciifv the actual width of the right -of -way and ensure that it is consistent with the right -of -way dedicated for projects al the southern end of Route 3 7. It is also important to point out that the proffered landscape screening adjacent to the Route 37 right -of -way does not eliminate the road efficiency huffer requirements oldie Zoning Ordinance. The more intensive requirement Rezoning #14 -04 Haggerty Property February 3, 2005 Page 10 would be applicable. It has been proffered by the applicant that the transportation improvements shall be initiated at the outset of the development process unless otherwise specified in the Proffer Statement. Initial review agency comments identified that critical transportation improvements designed to accommodate the project, in particular those at the intersection of Route 7, should be completed at the outset of the project. This is still desirable given the revised transportation approach. The applicants proffer states that the collector road shall be constructed from Route 7 to the project site prior to the issuance of the 51" building permit. As noted previously, Staff and VDOT have identified that additional clarification should be provided by the applicant regarding the improvements at the collector roads intersection with Route 7. This clarification could be incorporated into the Proffer Statement. D) Monetary Contribution. The monetary contribution proffered to offset the impact to community facilities is based upon the residential housing type with a total of $10,211 for each single family detached unit and $8,051 for each single family attached townhouse unit being proffered by the applicant. This monetary contribution to Frederick County is allocated within the proffer statement to the address Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office, and Administration Building needs. As mentioned previously, it is desirable for the escalator clause associated with the payment of proffers to be initiated within a shorter timeframe. Eighteen months would be appropriate and consistent with other projects the County is familiar with. It is noted that the Proffer Statement, potentially through the Generalized Development Plan, could be modified to address the concerns identified in the staff report. STAFF CONCLUSIONS FOR 01/19/05 PLANNING COMMISSION MEETING: The Haggerty Rezoning Application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. The staff report also identifies several impacts generated by this rezoning request that have not been fully mitigated with the details of this application. It may be appropriate for the applicant to modify the rezoning application and proffer statement, to ensure that the impacts associated with this rezoning application, previously identified in this staff report and noted below, are fully mitigated. 1) The proffer regarding the land dedication of the Route 37 right of way and the desirability of the ten year sunset clause on the dedication of the right -of -way. 2) The implementation of the suggested improvements and lane geometry at the new collector road intersection with Route 7, identified as being needed to maintain an acceptable level of service, should be fully implemented and guaranteed with the Haggerty project. Rezoning #14 -04 Haggerty Property February 3, 2005 Page 11 3) The dedication of the twenty acres of land for public use should be guaranteed by incorporating it into the proffer statement for the Haggerty project. These items, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY ACTION FROM THE O1/t9/05 MEETING: The Planning Staff provided a detailed review of the application and concluded by advising that it may be appropriate for the applicant to modify the rezoning application and proffer statement to ensure that the impacts associated with this rezoning application were fully mitigated. Those impacts were identified as: 1) The proffer regarding the land dedication of the Rt. 37 right -of -way and the desirability of the ten -year sunset clause on the dedication of the right -of -way. 2) The implementation of the suggested improvements and lane geometry at the new collector road intersection with Rt. 7, identified as being needed to maintain an acceptable level of service, should be fully implemented and guaranteed with the Haggerty project. 3) The dedication of the 20 acres of land for public use should be guaranteed by incorporating it into the proffer statement for the Haggerty project. Members of the Planning Commission wanted to see the sunset clause for the Rt. 37 dedication either lengthened or eliminated. They also asked the applicant about the possibility of phasing the project out to five years instead of three. The applicant was agreeable to eliminating the sunset clause; the applicant also agreed to reducing the maximum number of dwelling units from 100 to 75 in any 12- month period and lengthening the phasing of development from 36 months to 48 months. Concern about the need for an additional school in this area was raised. The applicant responded that land was available for public use; however, questions remained about whether the site was appropriate as a school location. There was considerable discussion on the proposed north —south "spine" connector road, including alternative locations and alignment, access to Rt. 7 and Rt. 37, traffic projections and impacts, improvements proposed for Rt. 7, and construction out to Senseny Road. Representatives of VDOT were available and were asked about the potential of using the Rt. 37 right of -way as the bed for the north connector road to Rt. 7 and what type of connection would be required for the crossover. VDOT responded that using the Rt. 37 road bed was probably not practical and that two road systems would be needed, particularly for the homes being constructed to move out to Route 7 for access to Rt. 37. VDOT also noted that the cross -over connection will probably be a bridge fly- over. In addition, VDOT was asked to comment on the letter received from the Clarke County Planning Director, who expressed various concerns about increased traffic on Route 7. VDOT responded that the Route 7 design was capable of handling the increased traffic. One citizen, a property owner on Valley Mill Road, came forward to speak in favor of the proposed rezoning. This citizen was in favor of the project and considered it a good example of smart growth in the County. He thanked the developer, the engineer, VDOT, and his district supervisor for inviting him to meetings involving this project and taking his concerns into consideration. Members of the Planning Commission commented that the amount of time and agency cooperation Rezoning #14 -04 Haggerty Property February 3, 2005 Page 12 invested in this project had certainly provided a positive affect on the final results of the design. The Planning Commission recommended approval of the rezoning by a majority vote with the amended proffers that were offered by the applicant, which included eliminating the sunset clause on the Route 37 dedication; reducing the maximum number of dwelling units from 100 to 75 in any 12 -month period; and lengthening the phasing of development from 36 months to 48 months. It is noted that impact items 2 and 3 identified in the staff report were not wholly addressed by the applicant and the Commission during the meeting. The vote was as follows: YES (TO APPROVE): Triplett, Kriz, Thomas, Light, Morris, Unger, Watt, Del-laven NO: Gochenour, Straub ABSTAIN: Manuel (Note: Commissioner Ours was absent for this vote; Commissioner Rosenberry was absent from the meeting.) ADDITIONAL STAFF COMMENTS: Subsequent to the Planning Commission meeting and recommendation, the applicant has provided the County with a revised proffer statement, dated January 20, 2005, and modified Generalized Development Plan (GDP). The revised proffer statement specifically reflects the approval of the Planning Commission by eliminating sunset clause on the Route 37 dedication; reducing the maximum number of dwelling units from 100 to 75 in any 12 -month period; and lengthening the phasing of development from 36 months to 48 months. In addition, the revised GDP includes an area designated as open space which seeks to guarantee that significant elements of the site are preserved for environmental, recreational and open space purposes. Future negotiations between the applicant, FWSA, and the Frederick County's Department of Parks and Recreation may enable this designated land to be available for public use to the benefit of the community. The applicant has further modified the proffer statement to address the transportation concern relating to the timing of the collector roads connection to Route 7. Previously, the proffer statement provided for the collector road to be constructed from VA Route 7 to the project site prior to the issuance of the 51 building permit, This would have resulted in Eddy's Lane being used as the primary access to and from the development for the initial phases of the project. The modification provides for the collector road to be constructed from Route 7 to the project site prior to the first building permit for the project. January 6, 2005 C. E. Maddox, Jr., P.E. Senior Vice President Gilbert W. Clifford Associates 117 East Piccadilly Street Winchester, VA 22601 Dear Chuck: Fderick- Winchester Servic. Authority Post Office Box 43 Winchester, Virginia 22604 Office: 107 North Kent Street County Office Complex FVinchester, Virginia 22601 1 -540- 722 -3579 Reference: Roadway Proposal Opequon Water Reclamation Facility This letter is to service as a follow up to your presentation and the FWSA Board's action regarding the request for a road right of way across the Opequon Water Reclamation Facility site. The Board approved by motion at its December 27, 2004 meeting, the acceptance of the preliminary roadway layout and alignment. In agreeing to accept this proposal for further consideration and final approval, the Board is requested the following considerations: cerely, Deed remaining undeveloped portion of parcel south of the plant site and along the Opequon Creek to the Frederick Winchester Service Authority. With the construction of the roadway public water would be extended and tied into the existing on -site water system of the Opequon facility. Developer will design and construct a new plant entrance along the new roadway with necessary fencing and gated entry. FWSA shall provide approval of plans and specifications prior to construction. FWSA will provide specifications and reimburse developer for security entrance system. Developers will construct an earthen berm and pine buffer along new roadway. Formal endorsement of roadway and its alignment from the County of Frederick and Virginia Department of Transportation. uN J§rse W. Moffett Executive Director Frederick Winchester Service Authority Cc: Frederick Winchester Service Authority Board Members John R. Riley. County Administrator County of Frederick Eric R. Lawrence Director Planning and Development Maintaining and Promoting Ufa Vatuas o/ Ma Community tatoug4 Enviro00101n1 D JAN 6 2005 awatdsaip" FREDERICK COUNTY PLANNING DEVELOPMENT Mr. Charles E. Maddox, Jr., P.E. Vice President Gilbert W. Clifford and Associates, Inc. a division of Patton Harris Rust Associates, p.c. 117 E. Piccadilly Street Winchester, Virginia 22601 RE: Haggerty Rezoning Frederick County, Virginia Dear Chuck: June 4, 2004 107 North Kent Street Winchester, Virginia 22601 5000 COUNTY of FREDERICK We have completed our review of the proposed rezoning and offer the following comments: Department of Public Works 540/665 -5643 FAX: 540/678 -0682 1) Under the description of location and access, the narrative indicates 60 feet of road frontage on Route 820 (Eddys Lane). This width does not appear to be sufficient to accommodate a future major collection road as annotated on Figure 10. Please indicate how the developer will address this issue. 2) Under the Traffic discussion, we concur with your conclusion that safe and convenient access to Virginia Route 7 is paramount to the traffic improvements. Also, we support your proposal to provide a stoplighted intersection at Route 7 and Route 656. According to the traffic study this will improve the level of service at this intersection turn from an "F" to a "C" rating. However, we recommend that this improvement occur at the initial phase of construction rather than in Phase II as proposed in the proffer statement. This action will insure the safe and convenient access for all phases of development. 3) As indicated in the proffer statement, improvements will be required to Eddys Lane to accommodate the increase in traffic. The proffer statement indicates that the applicant will provide minor road widening of Eddys Lane and Valley Mill Road within currently available right -of ways including installation of dedicated right -of -way and left turn lanes on Route 659 at the Virginia Route 7 intersection. Eddys Lane is currently showing signs of pavement deterioration. Therefore, we a Haggerty Rezoning Comments Page 2 June 4, 2004 HES /rls A:lhaggertyrezcom.wpd recommend that the above improvements be expanded to include a sufficient overlay to accommodate the additional traffic loading. The improvements may also require additional ditching and piping to accommodate storm drainage. The narrative should indicate who will be responsible for obtaining the necessary right of ways if the existing right -of -ways are not sufficient to accommodate the proposed improvements to Eddys Lane and Valley Mill Road. 4) Figure 10 indicates a suggested interconnection between Charming Drive and Eddys Lane. We realize that this connection is conceptual in nature especially with the proposed cul -de -sac closure of Valley Mill Road to the west of the one way bridge at Abrams Creek. If this connection is adopted, it will be necessary to upgrade Eddys Lane beyond the improvements highlighted in the proffer statement. Indicate if the applicant will implement these additional improvements at the time of the construction of the interconnection roadway. Please contact me if you have any questions regarding the above comments. cc: Frederick County Planning and Development file Sincerely, Harvey E.Wtrawsnyder, Jr., P.E. Director of Public Works Jan 06 05 04:39p May 13, 2004 Dear Mr. Maddox: S. R. Manuel Executive Director g. w. Charles E. Maddox, Jr., P.E. Gilbert W. Clifford and Associates 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comments Haggerty Property Red Bud Magisterial District clifford assoc. 540- 665 -0493 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 6622422 The Winchester Regional Airport Authority offers the following comment regarding the proposed rezoning plan for the Bean Property. Neither the location or the elevation of this site requires a 7460 -1 to be filed with the Federal Aviation Administration, however it does lie within the air space of the Winchester Airport. Due to its proximity to the airport, property owners may experience aircraft fly -over noise from aircraft entering into or departing the flight pattem from the North. Special considerations will not be requested by the Winchester Regional Airport. Thank you for allowing us the opportunity to review this rezoning request. Sincerely, p.2 FREDERICK COUNTY PLANNING DEVELOPMENT J Vl. 1G.CVV1 V VJ7111 gemolle Wart c >,n u Dv@6@ drools 0 it Big eC�ao �a o%VLAit e a la €.seaF '.5, a E+0. to ensure all students aneexcellent- education Assistant Superintendent Al Omdortf orndortaifrederick.k12,va.us For Aoministration Timothy Price Gilbert W. clifford Assoc., Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Haggerty Rezoning rL 4.. l.V. 1 VYIt\. .J\.11 July 9, 2004 O Dear Mr. Price: This letter is in response to your request for comments concerning the rezoning application for the proposed Haggerty Property project. Based on the information provided, it is anticipated that the proposed 150 single family, homes, 102 townhouses, and 48 multi family units will yield 39 high school students, 35' middle school students, and 97 elementary school students for a total of 171 new students upon -build -out, This does not tae nto consideration any.. age restricted units since the application did not provide any specific numbers for those units. a Significant residential _growth in rredericii County has resulted in the schools rools �,.r� s+ci dilly this area having. student enrollments neanng_OT exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, ainneri residential lots in the area, will necessitate the future construction of new yndev f scrlool facilities to accommodate-increased student enrollments, The impact of this rezonin.g on current and future school needs should be considered during the approval process. Respectfully Yours, traryLefitVZ ATOThdorff IIssistant Superint Copy: William C. Dean, Ph. D., Superintendent of Schools Steve Kapocsi, Administrative Assistant to the Superintendent 1415AmherhtStree1 P.0:Box 330@ Winchester. Virymit 22604.2546 mm.I.eder us nt For Administration 540-8823BB9 elL 112 5;0545 -24'x9 54C-662-3e90 fax CLARKE COUN1 21 December 2004 Charles E. Maddox, Jr. Clifford Associates 117 East Piccadilly Street Winchester, VA 22601 I4enrvv VA 22611 FREDERICK COUNTY PLANNING DEVELOPMENT RE: linggerry Property Rezoning Frederick County Thank you for your request for comments on the above referenced request. Members of the Clarke County Planning Commission, the County's engineer, and I have reviewed the material provided and we have three minor issues and two major issues. Minor Issues 1. There is an error in the chart titled "Planned Development Program" in section C., Site Suitability: the chart shows 146 single family attached units in land bay 1 and 64 such units in land bay 3 with a total of 200 such units. In addition, the chart states there will be 100 single family detached units. 2. The section titled "Proposed-Trip.Generation" states there will be 60 townhouses, 60 apartments, and 180 single- family detached units. This is different than the chart referenced in item one. Which is con'ect?• 3. This project will increase the volume of traffic on Valley Mill Road by 45 In addition to sight improvements, pavement width and construction improvements would seen warranted. Major Issues 1. impact on Route 7. This project, combined with all the other projects approved in the UGA by Frederick County, is gradually causing the overloading of Route 7. Like the lobster that doesn't realize it is being boiled to death by the slow increase in temperature, so the traffic volumes on Route 7 are gradually rising to levels that cannot be accommodated by a four -lane road, designed and built almost 40 years ago without access limits. Current Frederick UGA traffic is causing congestion today on Route 7 in Clarke County. We don't look forward to a 32% increase, to about 36,000 trips a day, coming out of Frederick County by 2007. Proffers for rezonings in the Frederick UGA should address such impacts. Such proffers could include financial support for commuter bus operations and for park and ride lots in Frederick County on this corridor. Given the increase in traffic volumes on Route 7 from already approved development in the UGA, it would seem unwise to consider action on any future rezoning requests in this corridor until a plan is in place, with a funding mechanism, to address this situation. 102 North Church Street Voice (540) 955-5132 www.co.darke.va.us Fax (540) 955 -4002 Haggerty Rezoning Comments Page 2 2. impact on Opequon Creek. Having more than a half -mile of frontage on the Opequon Creek, this project has a unique opportunity to contribute to the long -term protection of this important resource. The proposed 20 acres of public use, in reality, contain very little area of usable land; 75% of the property being steep slopes, wetlands, and sewer treatment plant buffer. This land, combined with the proposed open space along the Opequon and the unnamed creek on the southern portion of the property should be placed under a permanent open space /riparian easement to the Soil and Water Conservation District and/or other easement holding entity. Such open space should include all land near these streams with slopes in excess of 15 Again, thank you for this opportunity. Please contact me if you have any questions or responses. The Traffic Impact Analysis does not identify the levels of traffic on the proposed Route 37. If the volumes on Route 37 will be less than Route 7, then the ramps at their intersection should be reversed, with the signals on 37 instead of on 7, or there should be a full movement interchange. Charles Johnston Planning Administrator Copy: Mike Ruddy, Frederick County Planning Department Frederick County Board of Supervisors Frederick County Planning Commission Clarke County Board of Supervisors Clarke County Planning Commission Rick Travers. View Engineers 11/2B/2064.. 17:41 5406656395 WILB UR. C HALL 118.9 2.1 B 7 2.> THOMAS V.. MONAHAN UO24 1999) SAMUEL D. ENGLE 0. LELANO MAHAN ROBERT t MITCHELL, JA: JAN+EtrA' KL-ENKAR S rc,c -4 .JACKSON DENNIS J.- McLouGMLIN. JR. HALL, MONAHAN, ENGLE,- -MAHAN MITCHELL Mr: Michael -T. Ruddy, -AICP, Deputy_firector I tc it-k- ounty Department of Planning and Development 1-07 North Kent Street Winchester, VA 22601 Dear Mike: A PARiNE4iwn pf PROrESBIONAL CORPOMTONF. A TTORNEY,S AT LAW 1 7 En5T wMNCT STRCET LEESSU#G, VNGNN. TELEPHONE 703 November 23, 2004 FRED CD PLANNING DEP PAGE 02/03 O Enter OYscAW_N STREET M'ING E VROIN,1 TELEPHONE 2.0 0!T?.T!oO I5W Seat-ASO* E -HAIL I.:ry.r ehoOmenaMn.eem PLEASE REPLY TO: P.. 0. Box 948 WINCHESTER, VIRGINIA 22804.0840 -RAND DELIVERED Re: The Canyon,_LC (Haggerty Property) Prmposeri Proffer Statement I have reviewed -the above referenced Proposed Proffer Statement. It is my opinion. that the F pasednP* offer- Statement -isins_ formmneet the requirements of the Frederick 2orttug OJdivaucc gad the Code of Virginia, subject to the following: 1. In Proffer No. 11.2, it-should be stated when-the-lands and easements wilfle provided; for example, within thirty (30) days of a written request by -the FCSA. 2. In Proffer No.- 13.1,ia b •Transportationseetion, the statement is made that "It is the Applicant's intent to priva€ely fund the work required of tliic prn}ect'r Leannotdetermine the purpose of this statemen the proffer, as. the rernaina prefers in the Transportation section state that A provide" the v-ar ous-transportatfon-iii provements tdzut fia3, 3.- In Proffer No: 13:6; it s- houldbe-expressly stated, that the Applicant will survey and plat the- rigitt -of way -for VA Route 37, if that is the case. 11/28/2004 17:41 5406656395 RTM /glh Mr. Michael-T. Ruddy Fredetick County Department of Planning and Development November 23, 2004 Page 2 FRED CO PLANNING DEP PAGE 03/03 HALL, MONAHAN, ENGLE., MAHAN MITCHELL I have no-t re-viewedthe ciahsta, ce of theprnffers aita whether the proffers are suitable and appropriate for the property, as it is my understanding that that review will he lane by tie staff and Commission. If thrreare-arryguestions concerning the foregoing, please contact me. lrobert T. Mitchell, Rezoning 14 04 HAGGERTY PROPERTY (53 A 212 55 A 212A RIGGLEMAN L'1SA'ANN 4v rhr y Y Rezoning 14 04 HAGGERTY PROPERTY (53 A 212 55 A 212A Action: PLANNING COMMISSION: January 19. 2005 Recommended Approval BOARD OF SUPERVISORS: February 9. 2005 APPROVED DENIED PDRes #05 -05 AMENDMENT AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #14-04 FOR THE HAGGERTY PROPERTY WHEREAS, Rezoning #14 -04 for the Haggerty Property, submitted by Patton Harris Rust Associates, to rezone 111.56 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County, in the Red Bud Magisterial District, and is identified by Property Identification Numbers (PINS) 55A -212 and 55- A -212A. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 19, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 9, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 111.56 acres from RA (Rural Areas) District to RP (Residential Performance) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. Richard C. Shickle, Chairman Gina A. Forrester Lynda J. Tyler Gene E. Fisher PDRes #05 -05 This ordinance shall be in effect on the date of adoption. Passed this 9th day of February, 2005 by the following recorded vote: Barbara B. Van Osten Gary Dove Bill M. Ewing A COPY ATTEST John R. Riley, .Ir. Frederick County Administrator Date Tlme Destination x immediate IX Result Report Feb. 92005 4:O1PM x x' Feb. 9. 4:OOPM 97224051 GO ES> Mode TXtime Page Result User Name Fax Header) 1 P. 8 OK 0507 Batch M Memory L Send later 4 Forwarding ECM S Standard D Detail F Fine Reduction x LAN Fax Delivery O RX Notice Ren• A RX Notice Flle No. FAX TRANSMISSION TO: SRIG FOK f -ry L±4- w50-r...) COMPANY: FAX 7 2.Z qos f Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Telephone: 540/665 -5651 FAX: 540 /665 -6395 Date: .2 q o 5 Number of Pages (including cover sheet) Remarks: H4.4S Ei2-1 ?IC° SSA rr (M t 1-J T From the desk of: COUNTY of FREDERICK s CLARKE COUNTY 2 December 2004 Charles E. Maddox, Jr. Clifford Associates 117 East Piccadilly Street Winchester, VA 22601 RE: Haggerty Properly Rezoning Frederick County DEC 2 3 2004 FREDERICK COUNTY PLANNING DEVELOPMENT CLARJIC Thank you for your request for comments on the above referenced request. Members of the Clarke County Planning Commission, the County's engineer, and I have reviewed the material provided and we have three minor issues and two major issues. Minor Issues 1. There is an error in the chart titled "Planned Development Program" in section C., Site Suitability: the chart shows 146 single- family attached units in land bay 1 and 64 such units in land bay 3 with a total of 200 such units. In addition, the chart states there will be 100 single family detached units. 2. The section titled "Proposed Trip Generation" states there will be 60 townhouses, 60 apartments, and ISO single- family detached units. This is different than the chart referenced in item one. Which is correct? 3. This project will increase the volume of traffic on Valley Mill Road by 45 In addition to sight improvements, pavement width and construction improvements would seem warranted. Major Issues 1. impact on Route 7. This project, combined with all the other projects approved in the UGA by Frederick County, is gradually causing the overloading of Route 7. Like the lobster that doesn't realize it is being boiled to death by the slow increase in temperature, so the traffic volumes on Route 7 are gradually rising to levels that cannot be accommodated by a four -lane road, designed and built almost 40 years ago without access limits. Current Frederick UGA traffic is causing congestion today on Route 7 in Clarke County. We don't look forward to a 32% increase, to about 36,000 trips a day, corning out of Frederick County by 2007. Proffers for rezonings in the Frederick UGA should address such impacts. Such proffers could include financial support for commuter bus operations and for park and ride lots in Frederick County on this corridor. Given the increase in traffic volumes on Route 7 from already approved development in the UGA, it would seem unwise to consider action on any future rezoning requests in this con until a plan is in place, with a funding mechanism, to address this situation. 102 North Church Street Voice (540) 955 -5132 Berryville, VA 22611 www.co.clarke.va.us Fax (540) 955 -4002 January 6, 2005 C. E. Maddox, Jr., P.E. Senior Vice President Gilbert W. Clifford Associates 117 East Piccadilly Street Winchester, VA 22601 Dear Chuck: ely, Ftderick- Winchester ServiccAuthority Post Office Box 43 Jesse W. Moffett 1� Executive Director Frederick Winchester Service Authority 'Winchester, Virginia 22604 Office: 107 North Kent Street County Office Complex Winchester, Virginia 22601 1- 540 722 -3579 Reference: Roadway Proposal Opequon Water Reclamation Facility This letter is to service as a follow up to your presentation and the FWSA Board's action regarding the request for a road right of way across the Opequon Water Reclamation Facility site. The Board approved by motion at its December 27, 2004 meeting, the acceptance of the preliminary roadway layout and alignment. In agreeing to accept this proposal for further consideration and final approval, the Board is requested the following considerations: Deed remaining undeveloped portion of parcel south of the plant site and along the Opequon Creek to the Frederick Winchester Service Authority. With the construction of the roadway public water would be extended and tied into the existing on -site water system of the Opequon facility. Developer will design and construct a new plant entrance along the new roadway with necessary fencing and gated entry. FWSA shall provide approval of plans and specifications prior to construction. FWSA will provide specifications and reimburse developer for security entrance system. Developers will construct an earthen berm and pine buffer along new roadway. Formal endorsement of roadway and its alignment from the County of Frederick and Virginia Department of Transportation. Cc: Frederick Winchester Service Authority Board Members John R. Riley. County Administrator County of Frederick Eric R. Lawrence Director Planning and Development Maintaining and Promoting Ma 'Mews of Ma Comnamity taronga Bnviron n antae StawardsAip" Haggerty Rezoning Proffers Chris, Subject: Haggerty Rezoning Proffers Date: Thu, 13 Jan 2005 15:09:35 -0500 From: "Ingram, Lloyd" Lloyd.Ingram @VDOT.Virginia.gov> To: "'Christopher.Mohn phra.com" <Christopher.Mohn @phra.com> CC: "Ingram, Lloyd" Lloyd .Ingram @VDOT.Virginia.gov "Eric Lawrence (E- mail)" <elawrenc @co.frederick.va.us> I have reviewed your proposed additions to the Haggerty Proffers. I feel the comments you have provided address the concerns we reviewed with you during Tuesday's meeting (01/11/2005). We look forward to receiving the smooth version of the proffer package. Have a good weekend. Lloyd Lloyd A. Ingram Transportation Engineer VDOT Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984 -5607 (fax) 1 of 1 1/13/2005 4:19 PM December 15, 2004 C. E. Maddox, Jr., P.E. Senior Vice President Gilbert W. Clifford Associates 117 East Piccadilly Street Winchester, VA 22601 Dear Chuck: Frederick- Winchester Service Auth Post Office Box 43 Winchester, Virginia 22604 Office: 107 North Kent Street County Office Complex Winchester, Virginia 22601 1 -540- 722 -3579 DEC 2 3 2004 FREDERICK COUNTY PLANNING DEVELOPMENT Reference: Roadway Proposal Opequon Water Reclamation Facility This letter is to service as a follow up to our meeting of December 7, 2004 with the Frederick County Planning Department and as a response to your letter related to this roadway proposal. Clearly, this proposal better addresses the concerns previously expressed by the Service Authority and it is worthy of further discussion. Vital to the Service Authority in considering any proposal is that it maintains adequate buffer between the facility and future development, allows for retaining adequate adjoining property for potential expansion, and ensures that abutting development is "best suited" as a neighbor to a wastewater treatment operation. With those concerns in mind, I believe that the Frederick Winchester Service Authority would be willing to consider the proposed alignment and right of way request with the acceptance of the following conditions, some of which were discussed at our meeting. Deed remaining undeveloped portion of parcel south of the plant site and along the Opequon Creek to the Frederick Winchester Service Authority. With the construction of the roadway public water would be extended and tied into the existing on -site water system of the Opequon facility. Developer will design and construct a new plant entrance along the new roadway with necessary fencing and gated entry. FWSA shall provide approval of plans and specifications prior to construction. FWSA will provide specifications and reimburse developer for security entrance system. Developers will construct an earthen berm and pine buffer along new roadway. Endorsements of roadway and its alignment from the County of Frederick and Virginia Department of Transportation. D: \Temp \Temporary Internet Files \OLK5 \Maddox 122104.doc llnotts v&m.4onrrien4z1.9Lwandahq December 23, 2004 Page 2 I realize that the rezoning request has not been submitted for consideration at this point. Submittal and subsequent approval by the County of that request would be essential for obtaining finalized agreement. However, I would see no reason that the Board would be willing to accept a tentative agreement of understanding should we receive acknowledgment that the above stated demands are acceptable to the interested developers that you are representing, Please feel free to contact me regarding this issue. Sincerely, Jesse W. Moffett Executive Director Frederick Winchester Service Authority Cc: Frederick Winchester Service Authority Board Members John R. Riley. County Administrator County of Frederick Eric R. Lawrence Director Planning and Development 1THECANYONL'C� s,y P:0.::BOX 2715 s>:i 0.' (540) 6672120 X2604 y.% r County of Fredeii �s u sc Si x u nfi red T ,�a Ei 'Six Thousand'Six Hundred Twenty Eight and•00 /1 u xs A6ounty o F rederick 4 k AR BANKr;tr 1041: B E R R YVI C LE, "AV E N U E VWIINCHESTERtVA 22601„ k ;•68 532`[514 "00 LOO 20 1 :05 L405324 6068343" b 2 J c 0 DOLLARS 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: Patton Harris Rust Associates Address: 117 E. Piccadilly Street, Suite 200 2. Property Owner (if different than above) Name: The Canyon, LC Address: P.O. Box 3276 Winchester, Virginia 22601 3. Contact person if other than above Name: Charles E. Maddox, Jr. 4. Checklist: Check the folio Location Map Plat Deed of property Verification of taxes paid REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Winchester, Virginia 22601 Agency Comments Fees Impact Analysis Statement Proffer Statement Telephone: 667 -2139 Telephone: 540- 667 -2120 Telephone: 667 -2139 ng items that have been included with this application. The Canyon, LC David B. Holliday 7. Adjoining Property: SEE ATTACHED. PARCEL ID NUMBER County. 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: 6. A) Current Use of the Property: Unimproved /Vacant Residential B) Proposed Use of the Property: Mixed Residential Development USE ZONING 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). Located adjacent and east ofEddys Lane (Route 820), approximately 3 miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke 2 Acres Current Zoning Zoning Requested 111.56 RA RP 111.56 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 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 -212 212A Districts Magisterial: Red Bud High School: James Wood Fire Service: Greenwood Middle School: James Wood Rescue Service: Greenwood Elementary School: Senseny Road 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 100 Townhome 200 Multi- Family 0 Non Residential Lots NA Mobile Home NA Hotel Rooms NA Square Footage of Proposed Uses Office NA Service Station NA Retail NA Manufacturing NA Restaurant NA Warehouse NA Other NA 3 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. I (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) Patton Associates The Canyon, LC Date 9/10/04 Date 9/10/04 4 ID Name Address Zoning Use 55 -A -209 Fu -Shep Farm Partnership 405 Briarmont Drive, Winchester, VA 22601 RA Residential 55 -A -211 Fu -Shep Farm Partnership 405 Briarmont Drive, Winchester, VA 22601 RA Vacant 55 -A -213 Fu -Shep Farm Partnership 405 Briarmont Drive, Winchester, VA 22601 RA Vacant 55 -A -210 Goldie's LC 310 Eddy's Lane, Winchester, VA 22602 RA Residential 55 Frederick Winchester P.O. Box 433, Winchester, VA 22604 RA Vacant -4 -1 55 -4 -2 Steve Thomas Chadwell 6825 Valley Pike, Middletown, VA 22645 RA Residential 55 -4 -3 Michael Edward McKee 283 Eddy's Lane, Winchester, VA 22602 RA Residential 65 -A -195 Lisa Ann Mildred L Riggleman 2737 Senseny Road, Winchester, VA 22602 RA Agricultural 4 12 -A -1 Robert A Ballantine 9910 Old Court Rd., Woodstock, VA 21163 RA Agricultural 12 -A -2 Philip E Mary V Wine 305 Chapel Hill Rd., Cross Junction, VA22625 RA Residential 56 -A -19 Frederick Winchester P.O. Box 433, Winchester, VA 22604 RA Vacant 56 -A -19 Crown Communications, Inc PMB 353, 4017 Washington Rd., McCurray, PA 15317 RA Local Government Haggerty— Rezoning Know All Men 13y Those Present: That I (We) 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 (Name) The Canyon. LC (Phone) 667 -2120 (Address) P.O. Box 3276, 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 040014715 and is described as Parcels: 212, 212A Lot: Block: A Section/Tax Map 55 Subdivision: N/A do hereby make, constitute and appoint: (Name) Patton Harris Rust Associates; Charles E. Maddox, Jr. (Phone) 667 -2139 al (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 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: N/A 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 j our) hand and seal this 10 day of September 2004 Signature(s) State of Virginia, City/County of A. ;V trkTi2.r ,To -wit: \Th\)VCAB 1 it t_ I AlCtri CL\ Or 04 ('N la 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 2,, 4 day of C y200 L(. L--(1 rni.Or7Th Notary Public My Commission Expires: fi r, I 3 2001 Haggerty Impact Analysis Statement II. Summary and Justification The Haggerty site lies wholly within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) of Frederick County, bordering approximately 3,735 feet of the Opequon Creek that also serves as the Frederick County Clarke County boundary. The site is accessed from Valley Mill Road (Route 659) via Eddys Lane (Route 820), and is east and adjacent to the "Fu -Shep" property, a part of the RP (Residential Performance) zoned Channing Drive project, and south and adjacent to the Opequon Regional Wastewater Facility. The site further contains a substantial part of the route alignment of proposed VA Route 37 (2,175 linear feet The rezoning of the site for a mixed residential development is consistent with the vision of the Comprehensive Policy Plan, which expressly calls for suburban residential uses to predominate within the UDA. The site is generally located within an area designated for residential land use on the Eastern Frederick County Long Range Land Use Plan map. By using available land within the UDA, this rezoning promotes a dynamic housing market within the county's designated growth area, and therefore advances the important goal of reducing development pressure in the outlying rural areas. The applicant is confident that the proposed rezoning includes a proffer program that will appropriately and effectively mitigate the impacts of this development while simultaneously contributing to the regional infrastructure network. The applicant's proposal provides a significant foundation for long -term infrastructure improvements within the easternmost portion of the UDA by reserving the rights of way for VA Route 37 and the planned regional sewerage pump and force main system. This proposal further establishes a collector road system that will ultimately provide a direct connection between VA Route 7 and Senseny Road, which will yield a tangible improvement to traffic conditions in the easternmost portion of the UDA. The mixed residential land use envisioned for the site will promote housing choice and result in a vibrant neighborhood that is consistent with the land use policies of the Comprehensive Policy Plan. As such, this rezoning request merits favorable consideration and approval.