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Home My WebLink About14-04 Adjoining Owner ListDepartment of Planning Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 FEB 2 8 2005 FREDERICK COUNTY PLANNING DEVELOPMENT COUNTY of FREDERICK u cH L F 915'05 J The Canyon, LC PO Box 3276 Winchester, WXXZE 201 1. oa 07rai05 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD SC: 22801800099 *a017 110St3 -15 -a5 1„111111 I!u1In)nIIIIllI 11 u111n111111111n1,1n111n1 yt .i February 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. Sincerely, MTR/bad Enclosure J A..AW Lam-^"' M ichael T. Ruddy Deputy Planning Director Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 cc: hCCanyon, 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 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK 1144“,,A, :LINTY of FREDERICK ri-c- v■ 0 1, ‘c IL Department of Planning Development in 1 107 North Kent Street, Suite 202 1 Winchester, Virginia 22601 i kl'R 1 8 To5 1- NT THE CANYON, LC PO BOX 3276 WINCHESTER, VA 2260*V 1 fliblMr7 22604-2476 NXXIE 201 ,z JIW10'05 r i H mam: 7 00 Ds; 17 /OS RETURN TO SENDER NOT DEL ZVERADLE AS ADDRESSED UNABLE TO FORWARD DC 22501.500099 *ao17-01.52e- 10 1111111111111111111111)1111111rIllidlitilluildri1J1J1111,11 REZONING APPLICATION #14 -04 HAGGERTY PROPERTY Staff Report for the Planning Commission Meeting Prepared: January 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 by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 01/19/05 Pending Board of Supervisors: 02/09/05 Pending PROPOSAL: To rezone 111.56 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers. A maximum of 300 units has been proffered at a density of 2.68 units per acre. 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: AgriculturalNacant/Residential ADJOINING PROPERTY ZONING PRESENT USE: 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 414-04 Haggerty Property January 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 seethe attached letter dated January 6, 2005from Jesse T. 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 Charming 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 January 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 HRAB. 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. Attorney 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 map 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 -11 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 January 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. Transportation 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 Policy 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 Suitabilitv/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 January 3, 2005 Page 5 environmental open space as an important goal that contributes to the protection 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. 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 identified 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. 11 is important to note that the proposed Rezoning #14 -04 Haggerty Property January 3, 2005 Page 6 language regarding the land dedication of the Route 3 right of way contains a ten year sunset clause on the dedication of the right -of -way. The County should evaluate if such a sunset clause is appropriate given the magnitude of the road improvement the dedication would facilitate. It is staff's belief that the timing of the dedication should be 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 of the 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 of the Opequon Water Reclamation Facility property 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 project's transportation needs before and after the construction of Route 37, and the broader transportation needs of the County. The roadway connection linking thewestand 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 January 3, 2005 Page 7 B. Sewer and Water 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 ofa 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 of this right of way should be reduced to fifty feet to ensure that a local street connection could be accommodated as apposed to d collector road The intent of the connection is to provide access to the Haggerty collector road from 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 VDOT. 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. 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 414-04 Haggerty Property January 3, 2005 Page 8 Haggerty application proposes the extension of the water main system beyond the limits of their site to address a need of the FWSA and the Opequon Water Reclamation Facility. This facility is presently served by an independent water system and the extension of the 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 FW SA 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 of the 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 House #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 development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's 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 per 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 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. r Rezoning #14 -04 Haggerty Property January 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 Route 7 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 the 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 of residential units and residents in to 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 a 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 a 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 -way for Route 37, it would be appropriate for the applicant to specify the actual width of the right -of -way and ensure that it is consistent with the right -of -way dedicated for projects at the southern end of Route 37. It is also important to point out that the Rezoning 1114 -04 Haggerty Property January 3, 2005 Page 10 proffered landscape screening adjacent to the Route 37 right -of -way does not eliminate the road efficiency buffer requirements of the Zoning Ordinance. The more intensive requirement 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. Rezoning #14 -04 Haggerty Property January 3, 2005 Page 11 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. 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. January 26, 2005 TO: THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #14 -04 FOR THE HAGGERTY PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, February 9, 2005, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: 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 Properly identification Numbers (PINs) 55A -212 and 55- A -212A. Any interested parties having questions or wishing to speak may attend this public hearing:A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) '665 -5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad NOTIFICATION OF PUBLIC HEARING COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540 /665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 This is to certify tha th attached correspondence was mailed to the following on .2-e 4( from the Department of Planning and Development, Frederick County, Virginia: I, 55 -A- -212 THE CANYON, LC PO BOX 3276 WINCHESTER, VA 226042476 Gilbert W. Clifford Assoc.. Inc. Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 /Pt 55 A -209- TOLL VA IV, LP 309 S STEWART ST WINCHESTER, VA 55 -A- -210- GOLDIE'S, LC 249 GLENRIDGE DR WINCHESTER, VA 22602-7006 55 -4- 2- CHADWELL, STEVE THOMAS PO BOX 550 STEPHENS CITY, VA 22655 -0550 STATE OF VIRGINIA COUN Y OF FRED I CK aforesaid, do Planni g Given under my hand this aday of My commission expires on Charles Johnston Clarke County Planning Administrator 102 North Church St. Berryville, VA 22611 22601 -4016 John D. McKee 498 Henshaw Road Bunker Hill, WV 25413 55 4- 3- MCKEE, MICHAEL EDWARD 283 EDDYS LN WINCHESTER, VA. 22602.7917 55 -4- 1- FR FO ER ICK.WINCHESTER PO BOX 433 WINCHESTER, VA 226040433 65 A- -195 RIGGLEMAN, LISA ANN MILDRED L 2737 SENSENY RD WINCHESTER, VA 22602 -8929 Wilbur M. Helen B. Feltner, Trustees PO Box 2286 Winchester, VA 22604 Michael T. Ruddy, Deputy Planning Dire tor Frederick County Planning Department a Notary Public in and for the State and County ereby certify that Michil "I'. Ruddy, Deputy Planning Director for the Department of Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my unty aforesaid. ID Name Address Zoning_ RA Use Residential 55 -A -209 Fu -Shep Farm Partnership 405 Briarmont Drive, Winchester, VA 22601 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 -4 -1 Frederick Winchester P.O. Box 433, Winchester, VA 22604 RA Vacant 55 Steve Thomas Chadwell 6825 Valley Pike, Middletown, VA 22645 RA Residential -4 -2 55 Michael Edward McKee 283 Eddy's Lane, Winchester, VA 22602 RA Residential -4 -3 65 -A -195 Lisa Ann Mildred L Riggleman 2737 Senseny Road, Winchester, VA 22602 RA Agricultural RH i Aguwltaral a an me FO Old 305 Ch of u:n Rd C r ti l/A22F,25 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 C A- to 4 Haggerty Rezoning l 51 pia -A TO: Barbara Data Processing FROM: Bev P Dept. Please print sets of labels by: THANKS!!! Haggerty Clarke County Adjoiners Subject: Haggerty Clarke County Adjoiners Date: Tue, 28 Dec 2004 13:40:26 -0500 From: "Christopher M. Mohn" <Chris.Mohn @phra.com> To: <mruddy @co.frederick.va.us> Hi Mike, The properties /property PIN 12 -A -1 John D. McKee 498 Henshaw Road Bunker Hill, WV 25413 PIN 12 -A -2 Wilbur M. and Helen B. Feltner, Trustees P.O. Box 2286 Winchester, VA 22604 Please let me know if any additional information is required. Best, Chris Christopher M. Mohn, AICP Director of Planning Patton Harris Rust Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 Email Christopher.Mohnphra.com www.phra.com owners in Clarke County that adjoin the Haggerty site are a follows: LANA) i e (7 Y- M-t26s ft4X7Z J 1 of 1 12/28/2004 2:40 PM January 5, 2005 TO: THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) Sincerely, Michael T. Ruddy Deputy Planning Director MTR /bad NOTIFICATION OF PUBLIC HEARING COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 RE: REZONING APPLICATION #14 -04 FOR THE HAGGERTY PROPERTY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, January 19, 2005, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: 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 Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665 -5651. You can also visit us on the web at: www.co.frederick.va.us. 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 F.- r This is to certify County, Virginia: 1, 55 A- 209 TOLL VA IV, LP 309 S STEWART ST WINCHESTER, VA 55 A -210- GOLDIE'S, LC 55 A -212- THE CANYON, LC PO BOX 3276 WINCHESTER, VA 226042476 00)g E/C-- Gilbert W. Clifford Assoc., Inc. Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 22601-4016 249 GLENRIDGE DR WINCHESTER, VA 22602.7006 55 4- 1- FREDERICK- WINCHESTER PO BOX 433 WINCHESTER, VA 226040433 STATE OF VIRGINIA COUNTY OF FREDERICK �lilt the attached correspondence was mailed to the following on OS from the Department of Planning and Development, Frederick •dr aforesaid, T hereby certify that t' i Given under my hand this My commission expires on Wilbur M. Helen B. Feltner, Trustees PO Box 2286 Winchester, VA 22604 Charles Johnston Clarke County Planning Administrator 102 North Church St. Berryville, VA 22611 55 -4. 2- CHADWELL, STEVE THOMAS PO BOX 550 STEPHENS CITY, VA 22655-0550 55 4- 3- MCKEE, MICHAEL EDWARD 283 EDDYS LN WINCHESTER, VA. 22602.7917 65 A -195- RIGGLEMAN, LISA ANN MILDRED L 2737 SENSENY RD WINCHESTER, VA John D. McKee 498 I- Ienshaw Road Bunker Hill, WV 25413 22602 -8929 Michael T. Ruddy, Deputy Planning Di$tor Frederick County Planning Department a Notary Public in and for the State and County chael T. Ruddy, Deputy Planning Director for the Department of Plan in i and Development, whose name is signed to the foregoing, dated 1 05 has personally appeared before me and acknowledged the same in my State and County aforesaid. NOTARY C BLIC COUNTY of FREDERICK Department of Planning Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 55 -4- 1- FREDERICK-WINCHESTER 41 PO BOX 4,33 WINCHESTER, VA JANO5'05 0 Al rot D ay; da Verable 11 7;..- P Olts k@f aSS91 0 4 t 1 Td idci 22604-0433 e,,,,, <3,7 CiVos,„ se ,2 C I"? 8 0,t ish,''' seci 'No CIp !cl ef o efl etA& JAN -7 20:6 FREDERICK COUNTY PLANNING DEVELOPMENT January 5, 2005 NOTIFICATION OF PUBLIC HEARING TO: THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) Sincerely, .L, zt-t Michael T. Ruddy Deputy Planning Director MTR/bad COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 RE: REZONING APPLICATION #14 -04 FOR THE HAGGERTY PROPERTY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, January 19, 2005, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: 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. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665 -5651. You can also visit us on the web at: www.co.frederick.va.us. 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 55 A- y212- THE CA L PO B� 3276 IN„0 ESTEfifIA Not Oefiveraole A Jn M F a A M oryicientAdd sd cicfresse 0 Unc ed Left No Addr 0 o Notempted .N AK ci 3g Such Str pwn e mbie 0 j, Q IIIy noer Btdie 0 Bor R ecepteci e wes y elp eu.Nd Order �dF' Post226i f 76 Address ue ;OTOS CANY27S 201 1 1 N C 00 O1 /11 1O5 RETURN TO SENDER DC: NO FORWARD ORDER ON FILE UNABLE TO FORWARD RETURN TO SENDER 22804247676 PM *3017- 0098 -05 -41 a•:l s1"�'fT iffA+ticr�1 rd,-,, 11Y1 �/1�1 �4sTYi'i1�J!111LX71fl Thu 11 11 Utz A January 5, 2005 1 NOTIFICATION OF PUBLIC HEARING TO: THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #14 -04 FOR THE HAGGERTY PROPERTY COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, January 19, 2005, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: 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. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665 -5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Department of Planning Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 FLT 5.) I z iv Crud, o o on I COUNTY of FREDERICK 55 -4 1- FREDERICK-WINCHESTER PO BOX 433 WINCHESTER, VA ON a oer aP e r �fag Due 7ergd °vl: y 2J C3 H METER all, ::a:a::{i:: ill hi al! 1a January 26, 2005 NOTIFICATION OF PUBLIC HEARING TO: THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 RE: REZONING APPLICATION #14 -04 FOR THE HAGGERTY PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, February 9, 2005, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: 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. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665 -5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, A te. Michael T. Ruddy Deputy Planning Director MTRIbad 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 REQUESTING AGENT: E -mail Address: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS W REQUEST )-1 4* i/S 5 DATE RECEIVED: REQUESTED COMPLETION DATE: Department, Agency, or Company: Mailing and/or Billing Address: Telephone: FAX: ESTIMATED COST OF PROTECT: DESCRIPTION OF REQUEST: (Write additional information -0n -back-ofzequest)__ ff Ft6 -64 11-° fe Y .iu. s �.3 -4 its -R 011a- 5 5 A afa4 s.� A -a/a. DIGITAL: PAPER: FAX: E -MAIL: SIZES: COLOR: BLACK/WHITE: STAFF MEMBER: COMPLETION DATE: MATERIALS: eo p/v NUMBER OF COPIES: HOURS REQUIRED: DATE OF PICK UP/DELIVERY: AMOUNT DUE: AMOUNT PAID: AMOUNT BILLED: METHOD OF PAYMENT: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665 -5651)