HRAB 09-19-06 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
TO: Historic Resources Advisory Board
FROM: Kevin T. Henry, Planning Technician
RE: September Meeting Agenda
DATE: September 6, 2006
The Frederick County Historic Resources Advisory Board (HRAB) will be meeting on
Tuesday. Sentember 19. 2006, at 6:30 a.m.. in the Board of Supervisors' Executive
Session Room* in the Frederick County Administration Building, 107 North Kent Street,
Winchester, Virginia. The HRAB will discuss the following items:
AGENDA
August 2006 Minutes
2. Village at Opequon Rezoning, submitted by PHR&A
3. Historical Plaques
4. HRAB comments on powerlines through Opequon District (staff will bring map)
5. Other
Please contact this office if you will not be able to attend the meeting. Thank you.
"PLEASE NOTE MEETING LOCATION
Access to this building is limited during the evening Hours. Therefore, it will be
necessary to enter the building through the rear door of the Board Room. I would
encourage committee members to park in the county parking lot located behind the
new addition (accessible off of Cameron Street).
KTH/bad
Attachments
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Frederick County Historic Resources Advisory Board (HRAB)
August 15, 2006
Held in the Board of Supervisors Executive Session Room of the County
Administrative Building at 107 N. Kent Street, Winchester, VA.
Members Present: Rhoda Kriz (Chairman), Harold Lehman, Elizabeth Fravel, Martin
Killingbeck, Felicia Hart, Virginia McClure.
Members Absent: Travis Saunders, Richard Crane, Maral Kalbian (Consultant), Gary
Oates (Planning Commission Liaison).
Staff. Candice Perkins- Planner I1, Kevin Henry- Planning Technician
Agenda Items: July 2006 Minutes, Clearview Rezoning (Painter -Lewis), Jordan Springs
Rezoning (Bowman Consulting)
Other: Carriage Park Rezoning (PHR&A), State Grant possibility
The meeting began at 6:30 P.M. with Mr. Lehman motioning to approve the minutes,
which was seconded by Ms. McClure and passed unanimously.
The first item of the evening before the HRAB was the Clearview Rezoning proposal to
rezone 130 acres from RA (Rural Areas) Zoning District to RP (Residential Performance)
with the caveat of the development being age -restricted. The HRAB had some questions
related to entrance ways and changes to Waverly Rd. Mr. Lewis of Painter -Lewis
informed the HRAB that Waverly Rd. will be widened to state standards. After Mr.
Lewis had addressed the HRAB with minor details of the rezoning, the HRAB concluded
that they saw no conflict with respect to the significantly historic properties. Ms.
McClure motioned to send this item forward since the HRAB saw no conflicts on
historical properties, which was seconded by Ms. Hart, and passed unanimously.
The second item of the evening was the Jordan Springs Rezoning proposal to rezone 227
acres from RA/132 (Rural Areas/General Business) Zoning District to RP/132 (Residential
Performance/General Business) Zoning District. Mr. Zolman from Bowman Consulting
mentioned to the HRAB that the developer will be preserving the historical integrity of
the property. The historical structures on the property will remain in tact. The historical
overlay of 10.33 acres would remain in possession of the current property owner insuring
the historical structures will remain in tact. Mr. Killingbeck suggested the applicant
place a vegetative buffer along the road frontage of the new street that will adjoin the
historical property. Mr. Zolman replied that the topography provides a distinct enough
buffer to shield the historical property from the new street. Chairman Kriz had questions
for the applicant in regards areas on the property that will be preserved. Mr. Zolman
noted that the areas within the floodplain would have a vegetative preservation; otherwise
the property would be cleared. Mr. Lehman made a motion that recommended approval
with no comments. This motion failed since no HRAB members seconded the motion.
Ms. Fravel recommended approval under the condition that the developer conduct a
Phase I archeological survey, with the inclusion of a Phase Il and III .if it is warranted.
Ms. Hart seconded the motion, which passed unanimously.
In other news, Mr. Maddox from PHR&A came back to the HRAB with modifications to
the Carriage Park Rezoning proposal that the HRAB requested two months prior. Mr.
Maddox addressed all three concerns that were raised at the previous meeting: Protect
natural vegetation along Rt. 7 and Valley Mill Rd. to the maximum extent possible;
protect a line of vegetation along the backyard line of single family lots abutting the
historic Stafford property; and install a roadside interpretive site, which the developer
could set aside along Valley Mill Rd. Mr. Killingbeck recommended in a motion to
include the above three changes before the proposal goes before the Planning
Commission. The motion was seconded by Mr. Lehman, and passed unanimously.
Before concluding the meeting, staff mentioned that there are grant opportunities for the
HRAB through the state. Chairman Kriz felt that another Rural Landmark Survey would
be appropriate to conduct since the last one was done over 15 years ago. The HRAB
agreed with the Chairman and requested staff continues further research of obtaining
funds to pursue this project.
The meeting was adjourned at 7:50 P.M.
Item # 2
Village at Opequon Rezoning
The HRAB has been asked to review and provide comment on the Village at Opequon
rezoning proposal, which has been submitted by Patton Harris Rust & Associates. The
proposal seeks to rezone 70 acres from the RA (Rural Areas) Zoning District to the RP
(Residential Performance) Zoning District. The property is located west of Eddys Lane
and south of Valley Mill Rd. The applicant is proposing to develop the site as a mixed
residential development (maximum 325 dwellings). Prepared by the applicant, and
attached for your information, are a location map and a copy of the proffers for the
project.
The Study of Civil War Sites in the Shenandoah ValleLr published by the National Park
Service, does not identify the Village at Opequon rezoning site or the surrounding areas
as being part of a battlefield. The Rural Landmarks Survey Rem for Frederick County
Virginia identified five historical sites within close proximity of the rezoning. One of the
historical sites within close proximity is identified as potentially significant; the
following four are simply within close proximity:
• Valley Mill Farm (#34-108)
• House, Route 659 (#34-396)
• Adams House (#34-397)
• Haggerty House (#34-398)
• Carter-Lee-Damron House (934-1150)
Please find attached for your information a map of the site, the impact analysis and the
proffer statement provided by the applicant. Representatives for the applicant will be
available at the HRAB meeting to provide additional information on the proposed
rezoning. Staff will be seeking comments from the HRAB on the historical elements
possibly impacted by proposed development. The comments will be included in the
rezoning application package for the Village at Opequon rezoning proposal when it is
submitted.
Pictures of historical sites within close proximity of the rezoning proposal have been
provided by staff.
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OPEQUON PROPORED
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VILGE AT OPEQUON
AUGUST 2006
Prepared by:
Patton Harris Rust 8 Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
PH Fr 540 5665—p493260t1reel
VILLAGE AT OPEQUON
SUMMARY AND JUSTIFICATION
August 2006
The Village at Opequon site is ideally suited for residential development. The project,
comprised of one parcel presently zoned RA (Rural Areas), and is located adjacent to the
proposed Haggerty Site and in the Opequon Creek drainage area. The site is wholly within
the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) of
Frederick County. This rezoning petition seeks to rezone 70.15 acres zoned RA to RP. The
rezoning would result in a high quality development with a mixture of single family attached
and detached uses.
This mixed residential development rezoning is in harmony with the foresight of the
Comprehensive Policy Plan. That plan calls for suburban residential uses to be dominant
within the UDA. The Eastern Frederick County Long Range Land Use Map indicates that
this property lies within the area for residential land uses and by using land already within the
UDA, this rezoning provides for a vibrant housing market within the areas designated for
growth. This rezoning reduces the pressure for development on outlying areas not presently
designated for this type of growth.
The proffer program offered by the applicant will properly and effectively lessen the impacts
of this proposed development while providing for connections to proposed infrastructure
improvements of adjoining projects. Future access to Valley Mill Road in the north with
connections to the proposed Haggerty site will allow for additional improvements to the
proposed infrastructure within the eastern portion of Frederick County.
The applicants proposed mixed residential use will promote choice in housing and will result
in a vital neighborhood that is in harmony will the policies of the Comprehensive Policy
Plan. As a result, this rezoning request is deserving of favorable consideration and approval.
Frederick County, Virginia
IMPACT ANALYSIS STATEMENT
AND REZONING APPLICATION MATERIALS
FOR
REZONING REVIEW AND APPROVAL
OF
VILLAGE AT OPEQUON
Red Bud Magisterial District
August 2006
Prepared by:
Patton Harris Rust & Associates, pc
117 E. Piccadilly Street
Suite 200
Winchester, Virginia 22601
Phone: 540.667.2139 Fax: 540.665.0493
Village at Opequon Impact Analysis Statement
Table of Contents
I. Application
II. Summary and Justification
III. Impact Analysis Statement
A. Surrounding Properties
B. Environment
C. Traffic
D. Sewage Conveyance and Water Supply
E. Drainage
F. Solid Waste
G. Historic Sites and Structures
H. Impact on Community Facilities
IV. Proffer Statement
V. Agency Comments
VI. Survey Plat and Deed
VII. Tax Ticket
Village at Opequon Impact Analysis Statement
I
APPLICATION
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff
Fee Amount Paid $
Zoning Amendment Dumber Date Received
PC Hearing Date BOS Hearing Date
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicant:
Name: Patton Harris Rust & Associates pc Telephone: (540) 667-2139
c/o John F. Callow, VP
Address: 117 E. Piccadilly Street, Suite 200
Winchester, Virginia 22601
2. Property Owner (if different than above)
Name: Goldie's, LC
Address: 249 Glenridge Drive
Winchester, VA 22601
3. Contact person if other than above
Name: John F. Callow
Telephone: 540.667.213 9
Telephone: (540) 667-2139
4. Checklist: Check the following items that have been included with this application.
Location Map X Agency Comments X
Plat X Fees X
Deed of property X Impact Analysis Statement X
Verification of taxes paid X Proffer Statement X
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:
Goldie's, LC
Dave Holliday
6. A) Current Use of the Property:
B) Proposed Use of the Property:
7. Adjoining Property: See Attached
PARCEL ID NUMBER USE
SEE ATTACHED
Farm/Sin%!le Family
Residential Subdivision & Rec Center
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).
The site is located approximately 2675 feet to the south and east from the
intersection of Valley Mill Road (Rt. 659) and VA Rt. 7. The site is also
Approximately 1800 feet to the west of Opequon Creek.
2
9. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick Countv
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)
Date
Date
Date
Date
Adjoining Property Owners
Rezoning
Owners of property adjoining the land will be notified of the Planning Commission and the Board
of Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right-of-way, a private right-of-way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name
Property Identification Number (PIN)
Valley Mill Farm, LC
55 A 165
Alecia F. Grey
55 4 4A
Michael Edward McKee
5543
The Canyon, LC
55 A 212
Toll VA IV, LP
55 A 211
Toll VA IV, LP
55 A 209
Arcadia Development Co.
55 A 181
Matthew C. and Katherine Mchale
55 A 165C
55 A 210 A
Address
805 C Street
Chesapeake Beach, Maryland 20732
1201 Bonaventure Avenue
Green Cove Springs, Florida 32043
283 Eddys Lane
Winchester, Virginia 22602
PO Box 3276
Winchester, Virginia 22604
21630 Ridgetop Circle, Suite 130
Dulles, Virginia 20166
21630 Ridgetop Circle, Suite 130
Dulles, Virginia 20166
PO Box 5368
San Jose, California 95150
1291 Valley Mill Road
Winchester, Virginia 22602
4
Special Limited Power of Attorney
' County of Frederick, Virginia
Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601
Phone 540-665-5651
Facsimile 540-665-6395
Know All Men By These Presents: That I (We)
(Name) DAVE HOLIDAY, GOLDIE'S,LC (Phone)
(Address) 249 GLENRIDGE DRIVE WINCHESTER, VA 22602
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 No. 230 on Page 458 , and is described as
PARCEL: 55 A 210
Parcel: Lot: -- Block: -- Section: -- Subdivision:
do hereby make, constitute and appoint:
(Name) JOHN CALLOW, PATTON HARRIS RUST & ASSOCIATES, PC (Phone) 540.667.2139
(Address) 117 E. PICCADILY STREET, SUITE 200 WINCHESTER, VA 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:
6 Rezoning (Including proffers)
G Conditional Use Permits
G Master Development Plan (Preliminary and Final)
G Subdivision
G Site Plan
My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously
approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified.
In witness thereof, I (we) have hereto set my (our) hand and seal this day of , 200 6 ,
Signature(s)
State of Virginia, City/County of FREDERICK , To -wit:
a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who
signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has
acknowledged the same before me in the jurisdiction aforesaid this _ day of , 200
My Commission Expires:
Notary Public
Village at Opeguon Impact Analysis Statement
II
SUMMAR YAND JUS TIFICA TION
Village at Opequon Impact Analysis Statement
III
IMPA CT ANAL YS'IS
VILLAGE AT OPEQUON REZONING
IMPACT ANALYSIS STATEMENT
August 2006
The Village at Opequon site (See figure 1 — Location Map) is ideally suited for residential
development. The project, comprised of one parcel 55-A-210, totals 70.15 acres of land
zoned RA (Rural Areas) and is located adjacent to the proposed Haggerty Site and in the
Opequon Creek drainage area. The site is wholly within the Urban Development Area
(UDA) and Sewer and Water Service Area (SWSA) of Frederick County. This rezoning
petition seeks to rezone 70.15 acres of land to RP (Residential Performance) (See figure 2 -
Zoning Context Map). The rezoning would result in a high quality development with a
mixture of single family attached and detached uses with a maximum of 325 dwelling units
that are to be built out in three years (see proffer). This number of units allows for a density
of 4.63 units per acre. The site will be accessed by future connection to Valley Mill Road (Rt.
659) to the north and Berryville Pike (Rt. 7) and Senseny Drive via an internal connector
road thru the proposed Haggerty site. The site has a high elevation of 630 feet and a low
elevation of 610 feet with a general cross slope of 8% to 12%. Characteristic of most
properties within the Martinsburg shale areas of Frederick County, this site is presently being
farmed. Site drainage is afforded by a major tributary to Opequon Creek to the north and
minor drainage swales to the south which then flow to Opequon Creek. The principle land
use surrounding the site is single family residential, and farming. The area to the south is
predominantly the Twin Lakes Overlook subdivision with an existing mobile home park to
the north and the proposed Carriage Park development also to the north. The site is
underlain by Martinsburg shale which has been very suitable for the development of
residential communities within the Urban Development Area. Site utilities will connect to
and through the proposed Haggerty site. (See figure 3 for Generalized Development Plan.)
SURROUNDING PROPERTIES
As has been mentioned the principle use surrounding this site is residential. Figure 1 shows
an aerial photograph from 2001 depicting the characteristic developed uses in the vicinity of
the site. The predominant uses to the north are an existing mobile home park and farming.
To the south and east is an existing established single family home development in the Twin
Lakes Overlook subdivision. To the east of the proposed development are existing farms
and the proposed Haggerty subdivision. Also to the east is an existing farm area that is to be
developed into the Haggerty subdivision and future Route 37.
The site generally drains to a principle tributary of Opequon Creek in the north and minor
drainage swales to the existing subdivsion to the south. Design of the project should
include special provisions for improvement and mitigation of drainage issues that may
arise. Special consideration in design should be given to the future connection to Valley
Mill Road to allow free flowing movements from the site.
Impact Analysis Statement —Village at Opequon
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ENVIRONMENT
Figure 4 (Site Characteristics Map) is provided to delineate the important environmental
rules in accordance with county policy and procedures. Of note are wetlands, steep slopes,
and special environmental features. None of the above listed environmental factors presents
a particularly difficult planning impact for development of this site. The site is sparsely
wooded. The National Wetlands Inventory indicates that the wetlands on the site are limited
to one pond on the site, near the proposed recreation center and in an open space area. Any
wetlands that may exist along stream channels located on the site will be protected by both
riparian buffers as well as an open space plan that provides an additional buffer for these
environmental features. There are no special issues regarding previous development on the
site that require mitigation.
Village at Opequon
Environmental Features
Total Project Area
70.15 Acres
Area in Floodplain
0 Acres
0%
Area in Steep Slopes
0.28 Acres
0.4%
Area in Wetlands, Lakes, & Ponds
0.21 Acres
0.3%
Total Area in Environmental Features
0.49 Acres
0.7%
TRAFFIC
The site will be accessed by two new roadway connections; one future connection to Valley
Mill Road and one connection to the Haggerty Project to the east. The future Valley Mill
Road connection will allow for looped access through the Village at Opequon project,
through the Haggerty project and provide a connection to the future VA 37 and connection
to Senseny Drive. Additionally, a license for neighboring access from Eddy's Lane
through the this project would allow existing homes on that road to access the proposed
street system and provide for a monetary reimbursement from them to the Village at
Opequon developers should the neighbors wish to further develop their property.
With connections to the Haggerty project and allowing for future connections for adjacent
properties, and a future connection to Valley Mill Road, this project provides for needed
infrastructure improvements to this portion of Frederick County for this project and the
future.
A complete transportation impact analysis has been prepared and is attached as "Appendix
A". (See figure 5 for Transportation Plan.)
Impact Analysis Statement —Village at Opequon
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SEWAGE CONVEYANCE AND WATER SUPPLY
Presently sewer service will be provided by connecting to the proposed Haggerty
development. All sewage will flow or be pumped to the Opeqoun Creek Wastewater
Treatment Plant just east of the proposed Haggerty site.
The proposed Haggerty site sewerage conveyance system is being designed to handle the
flows from the proposed Village at Opequon site. Using a standard rate of 200 gallons per
day/dwelling unit it is projected that the proposed development would produce
approximately 65,000 gallons per day of sewer flow. Wastewater generated by this project
will be transferred to the Opequon Creek Wastewater Treatment Facility. This project will
have a scheduled and minor impact on sewage impact flows and connection feeincome as
recently increased by the FCSA will provide for capacity expansion as planned for the Urban
Development Area.
Water supply will be provided by way of a 12" water main connecting through the Haggerty
site. Water usage of the project would be roughly equivalent to its sewer production of
65,000 gallons per day.
The water system will be designed to provide adequate pressure for potable water service
and fire fighting capabilities. This is acceptable to serve the proposed uses and the proposed
uses will not degrade these operating characteristics but marginally. The primary water
source for this development is the Frederick County Sanitation Authority (FCSA) system
through an extension from the Senseny Road water system. There is adequate capacity to
serve this development in those systems and charges for water service connections allow
mitigation by the FCSA on facility improvements needed. (See figure 6 for Utility Plan.)
TiRATNArF
Figure 7 shows a preliminary plan for storm water management and drainage patterns for
this site. Of note is the use of two proposed ponds for storm water management facilities to
the south of the site in the approximate area shown. This site will be served by enclosed
storm sewer of modern design and will meet the State of Virginia requirements for storm
water management.
As has been noted, there are no special impacts of drainage on adjacent properties. Of note
are the properties to the north and east of the project where a small portion of the drainage
shed discharges to adjacent lands. Special precautions will be made in all places where direct
discharge leaves the site to first concentrate the discharge back into the site for purposes of
management and secondly, to mitigate the effects of impacts that may be created by the
increased land use of this project. There are no special issues which require offsite
improvements noted as a part of this analysis.
Impact Analysis Statement —Village at Opequon
3
L--JL— I I smaller
FIGURE Patton Hurls Rust a Associate
WAGE AT OPEQUON ,n , KLA
REZONING
9 ya Plmnera L-d—pe Arhitxts M7E
REZONING 112 Ewt P xosly Str.. AUCUSt 200
sutl 300
+ Min heetr. VA 22601 1P � t• s 50V
FREDERICK COUNTY, VA UTILITY PLAN * �asr.VM
s sw.eesa,sa 1 of t 13079-1—
SOLID Waste
The following table shows a projection of solid waste generation as a part of this project.
Unit Type
Units
Waste Generation
Total Waste (lbs)
Single Fan -lily Detached
162
12 lbs/day
1,944
Single Family Attached
163
9 lbs/day
1,467
Total 3,411 lbs
Consideration of curbside pick-up would be an improvement to solid waste issues associated
with increased dumpster use in the County.
HISTORIC SITES AND STRUCTURES
The Frederick County Rural Landmarks Survey does not identify any structures of
historic importance on the subject site. Moreover, pursuant to the National Park Service
Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is not
included in any battlefield study area and does not contain any core battlefield resources.
The existing farm house on the site is listed in the Rural Landmarks book of Frederick
County 397. The "Adams House" is listed as "not potentially significant".
IMPACT ON COMMUNITY h+ACILITIES
The nature of this proposed rezoning will have a scheduled and minor impact on schools,
fire/rescue and police and the required impact fee income will provide for expanded
services for this residential development. With the maximum number of dwelling units
to be built in one year to be 150, the developer's impacts are measured.
The proposed development will have a scheduled and measured impact on community
facilities. The applicant has offered the following monetary contributions to mitigate the
impacts of this development as identified by the current Frederick County Impact Model:
Sin.le Familv Detached Homes per Unit
Fire & Rescue $720
General Government $320
Public Safety $658
Library $267
Impact Analysis Statement —Village at Opequon
4
Parks & Recreation
$2,136
School Construction
$19,185
TOTAL
$23,286
Single Family Attached Homes per Unit
Fire & Rescue
$528
General Government
$245
Public Safety
$503
Library
$204
Parks & Recreation
$1,634
School Construction
$14.618
TOTAL
$17,732
Additional monies will be included in the proffer for transportation improvements.
Impact Analysis Statement —Village at Opequon
5
Village at Opequon Impact Analysis Statement
IV
PROFFER S'TA TEMENT
PROPOSED PROFFER STATEMENT
REZONING: RZ. #
Rural Areas (RA) to Residential Performance (RP)
PROPERTY: 71.45+/ -
Tax Map Parcel 55-A-210 (the "Property")
RECORD OWNER: Canyon, LLC
APPLICANT: Canyon, LLC
PROJECT NAME: Village at Opequon
ORIGINAL DATE
OF PROFFERS:
REVISION DATE(S): N/A
The undersigned hereby proffers that the use and development of the subject property
("Property"), as described above, shall be in strict conformance with the following conditions,
which shall supersede all other proffers that may have been made or submitted, prior hereto. In the
event that the above referenced RP conditional rezoning is not granted as applied for by the
applicant ("Applicant'), these proffers shall be deemed withdrawn and shall be null and void.
Further, these proffers are contingent upon final rezoning of the Property with "final rezoning"
defined as the rezoning which is in effect on the day following the last day upon which the
Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may
be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects
not to submit development plans until such contest is resolved, the term rezoning shall include the
day following entry of a final court order affirming the decision of the Board which has not been
appealed, or, if appealed, the day following which the decision has been affirmed on appeal.
The headings of the proffers set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of any
provision of the proffers. The improvements proffered herein shall be provided at the time of
development of that portion of the Property adjacent to or including the improvement or other
proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced
herein shall include within its meaning all future owners and successors in interest. When used in
these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized
Development Plan, Village at Opequon Rezoning" dated August 17, 2006 (the "GDP"), and shall
include the following:
1. LAND USE
1.1 No more than 325 dwelling units shall be constructed on the property. A
maximum of 170 of the residential dwelling units constructed on the
Property may be Single-family attached dwellings. All other residential
dwelling units constructed on the Property shall be Single-family detached
dwellings.
2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN
APPROVALS.
2.1 The Property shall be developed as one single and unified development in
accordance with applicable ordinances, regulations, design standards, and
this Village at Opequon Proffer Statement as approved by the Board. The
project is a mixed-use residential type allowing a range of housing types
within limits established by this proffer statement.
2.2 Construction of the 325 residential dwelling units shall be phased over a
three-year period commencing with the date of final rezoning (DFR). The
Applicant shall not make application for more than 109 building permits for
residential dwelling units per year.
2.3 The above referenced phasing limitations are cumulative. Notwithstanding
anything to the contrary contained in these Proffers, should market
conditions dictate a slower pace of construction of the residential dwelling
units on the Property, the time schedule for total build out of the Property
may exceed three years.
3. PARKS AND RECREATION:
3.1 The Applicant shall design and build a recreation building in the area
designated on the GDP. Any amount expended over and above the
recreational unit requirements of Section 166-64. Recreational Facilities,
Section A. of the Code of Frederick County shall be credited against the
contribution to the County for capital improvements to capital facilities
owned or maintained by the Frederick County Parks and Recreation
Department.
3.2 The Applicant shall contribute to the County the amount of $2135 per
single-family detached unit and $1634 per single-family attached unit for
capital improvements to capital facilities owned or maintained by the
Frederick County Parks and Recreation Department. Any cash payments
would be payable upon the issuance of a building permit for each respective
unit.
3.3 The recreation building shall be owned and maintained by the homeowners
association ("HOA") for the Property.
3.4 Use of the recreation building shall be made available to the residents of the
adjacent Haggerty Property Subdivision.
4.1 The Applicant shall contribute to the County the sum of $720 per dwelling
unit for capital improvements to capital facilities owned or maintained by
the Frederick County Volunteer Fire Departments located in the Redbud
Magisterial District, payable upon the issuance of a building permit for each
single family detached unit.
4.2 The Applicant shall contribute to the County the sum of $528 per dwelling
unit for capital improvements to capital facilities owned or maintained by
the Frederick County Volunteer Fire Departments located in the Redbud
Magisterial District, payable upon the issuance of a building permit for each
single family attached unit.
5. SCHOOL CONSTRUCTION:
5.1 The Applicant shall contribute to the County the sum of $19,185 per single
family detached dwelling unit for capital improvements to capital facilities
located in the Redbud Magisterial District of Frederick County (Millbrook
High School, Redbud Elementary School, Richard E. Byrd Middle School),
payable upon the issuance of a building permit for each single family
detached unit.
5.2 The Applicant shall contribute to the County the sum of $14,618 per single
family attached dwelling unit for capital improvements to capital facilities
located in the Redbud Magisterial District of Frederick County (Millbrook
High School, Redbud Elementary School, Richard E. Byrd Middle School),
payable upon the issuance of a building permit for each single family
attached unit.
6.1 The Applicant shall contribute to the County the sum of $267 per single
family attached dwelling unit for capital improvements to capital facilities
located in the Redbud Magisterial District and owned or maintained by the
Frederick County Public Library System, payable upon the issuance of a
building permit for each single family detached unit.
6.2 The Applicant shall contribute to the County the sum of $204 per single
family attached dwelling unit for capital improvements to capital facilities
located in the Redbud Magisterial District and owned or maintained by the
Frederick County Public Library System, payable upon the issuance of a
building permit for each single family attached unit.
7. PUBLIC SAFETY:
7.1 The Applicant shall contribute to the County the sum of $658 per single
family detached dwelling unit for capital improvements to capital facilities
owned, maintained and/or operated by the Frederick County Sheriff's
Department, payable upon the issuance of a building permit for each single
family detached unit.
7.2 The Applicant shall contribute to the County the sum of $503 per single
family attached dwelling unit for capital improvements to capital facilities
owned, maintained and/or operated by the Frederick County Sheriff's
Department, payable upon the issuance of a building permit for each single
family attached unit.
S. GENERAL GOVERNMENT:
8.1 The Applicant shall contribute to the County the sum of $320 per single
family detached dwelling unit for capital improvements to capital facilities
which provide general government services, payable upon the issuance of a
building permit for each single family detached unit.
8.2 The Applicant shall contribute to the County the sum of $245 per single
family attached dwelling unit for capital improvements to capital facilities
which provide general government services, payable upon the issuance of a
building permit for each single family attached unit.
9. CREATION OF HOMEOWNERS' ASSOCIATION:
9.1 The residential development shall be made subject to an HOA that shall be
responsible for the ownership, maintenance and repair of all common areas,
including but not limited to the recreation building, excluding any
conservation areas that may be established in accordance herewith which are
specifically dedicated to Frederick County (the "County") or others. For
each area subject to their jurisdiction, the HOA shall be granted such
responsibilities, duties and powers as are customary for such associations or
as may be required for such HOA herein.
9.2 In addition to such other duties and responsibilities as may be assigned, an
HOA shall have title to and responsibility for (i) all common open areas not
otherwise dedicated to public use, (ii) common buffer areas located outside
of residential lots; (iii) common solid waste disposal programs, if they
decide to use a commercial collection company; (iv) responsibility for the
perpetual maintenance of any perimeter or road buffer areas, all of which
buffer areas shall be located within easements to be granted to the HOA if
platted within residential or other lots, or otherwise granted to the HOA by
appropriate instrument and (v) responsibility for payment for maintenance
of streetlights.
10. WATER & SEWER:
10.1 The Applicant shall be responsible for connecting the Property to public
water and sewer, and for constructing all facilities required for such
connection. All water and sewer infrastructure shall be constructed in
accordance with the requirements of the Frederick County Sanitation
Authority ("the FCSA").
11. ENVIRONMENT:
11.1 Stormwater management for the Property shall be provided in accordance
with all applicable ordinances.
12. TRANSPORTATION:
12.1 The Applicant hereby proffers $3000 per unit in monetary contributions that
are to be utilized for road improvements to alleviate transportation problems
in the general vicinity of the Property. It is expressly understood that the
County will be applying to VDOT for revenue sharing funds and that any
monies paid may be utilized by the County for that purpose. This monetary
contribution shall be provided to Frederick County at the time of building
permit issuance for each dwelling unit.
12.2 In the event the intersection of existing Valley Mill Road (SR659) and State
Route 7 is closed to vehicular traffic in the future, the Applicant shall
provide a private access easement with a paved surface driveway connection
to the internal roadway system within the Property to serve only the existing
residences presently located along existing Eddy's Lane (SR820) (the
"Private Drive Easement"). The only properties to be served by the private
access easement are the existing single family residences located on Tax
Map Parcel #55 4 1B, Tax Map Parcel #55 3 E, Tax Map Parcel #55 3 D,
Tax Map Parcel #55 3 C, Tax Map Parcel #55 3 B, Tax Map Parcel #55 4
IA, Tax Map Parcel #55 4 1, Tax Map Parcel #55 4 2, Tax Map Parcel # 55
4 3, Tax Map Parcel #55 4 4A, and Tax Map Parcel #55 A 165 (collectively
the "Eddy's Lane Properties"). The specific residences located on the tax
parcels to be served by the Private Drive Easement shall be depicted on the
GDP.
12.3 Conditioned upon Eddy's Lane (SR820) no longer having vehicular access
to Route 7 and/or Valley Mill Road (SR659), and further conditioned upon
the Eddy's Lane Properties being rezoned to facilitate development of more
than the existing single family homes, the Applicant shall make available
by reserving a 54 foot wide parcel of land to serve the proposed future
development on the Eddy's Lane Properties (the "Reservation Parcel"). The
Applicant shall retain ownership and control of the Reservation Parcel. The
Reservation Parcel shall be depicted on the GDP.
12.4 The Applicant shall only be required to dedicate the Reservation Parcel for
public roadway purposes if the Eddy's Lane Properties at the time of their
rezoning; proffer to reimburse the Applicant for their pro -rata portion of the
Applicant's actual costs for designing and constructing the roadway network
identified on the GDP as the "Road Work Reimbursement Area". The pro -
rata portion of costs shall be based on a ratio of the proposed number of
residential dwelling units proposed on each of the respective Eddy's Lane
Properties vs. the total number of residential dwelling units proposed to be
developed on the Property, the adjacent Haggerty property, and the Eddy's
Lane Properties. The limits of roadwork qualifying for Road Work
Reimbursement shall be described on the GDP.
12.5 Any future rezoning(s) of any parcels comprising the Eddy's Lane
Properties shall, as a part of their proffers, provide for the County to collect
the Road Work Reimbursement from the respective applicant(s) prior to
issuance of the subdivision design plan approval for the subject parcel and
the County shall deliver the Road Work Reimbursement to the Applicant
prior to Applicant dedicating the Reservation Parcel as a private access
easement.
12.6 The Applicant reserves the right to establish a minimum per lot proffer
amount to satisfy the Road Work Reimbursement requirement which may
exceed the pro rata share based upon future development of the Eddy's Lane
Properties.
13. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS:
13.1 Any portion of the Property may hereafter be dedicated for public street
purposes (or otherwise conveyed to a public entity) shall, upon such
dedication, be excluded from the terms and conditions of these Proffers and
the remainder of the Property shall continue to be subject to the full force
and effect of these proffers.
14. SEVERABILITY:
14.1 In the event any portion of these Proffers are subsequently determined to be
illegal or unenforceable, the remaining Proffers shall continue in full force
and effect.
15. BINDING EFFECT:
15.1 These Proffers run with the land and shall be binding upon all heirs,
executors, administrators, assigns and successors in interest of the
Applicant.
16. ESCALATOR CLAUSE:
16.1 In the event the monetary contributions set forth in the Proffer Statement are
paid to the Board within 30 months of the approval of this rezoning, applied
for by the Applicant, said contributions shall be in the amounts as stated
herein. Any monetary contributions set forth in the Proffer Statement which
are paid to the Board after 30 months following the approval of this
rezoning shall be adjusted in accordance with the Urban Consumer Price
Index (CP -U") published by the United States Department of Labor, such
that at the time of contributions are paid, they shall be adjusted by the
percentage change in the CPI -U from that date 24 months after the approval
of this rezoning to the most recently available CPI -U to the date the
contributions are paid, subject to a cap of 6% per year, non -compounded.
Respectfully submitted,
Canyon, LLC
Title: Manager
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this day
of , 2006, by
My commission expires:
Notary Public.
09-06-2006
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09.06.2006
COMMONWEALTH of VIRGINIA
Department of Historic Resources
L. Preston Bryant,.ir. 2801 Kensington Avenue, Richmond, Virginia 23221
Secretary of Nattrra! Resources
February 24, 2006
Ms. Mary McHale Stafford
Valley Mill Farm, L.C.
8705 C Street
Chesapeake Beach, MD 20732
Re: Valley Mill Farm, 1t rederick County
Dear Ms. Staffoad:
Kathleen ,3. Kilpatrick
Director
Tei: ("1367-2323
Fax, (804) 367-2391
TDD: (804) 367-2386
www.dhr. vi rgi nia. gov
Congratulations! I am pleased to inform you officially that Valley Mill Farm has heen
entered into the National Register of Historic Piaces. The property was listed by the United
States Department of the Interior, National Paris Service, on February 9, 2006.
I am sure this news is gratifying to you, and the Virginia Department of Historic
Resources shares in your pleasure.
Sincerely,
Kathleen S. Kilpatrick
iDirecto:, and State Historic Preservation Officer
Adrninistra&e Services Capital Region Office Tidewater Region Office
10 Courthouse Ave. 2801 Kensing47n Office 14415 Old Courthouse Way
Petersburg, VA 23803 Richmand, VA 23221 2"d Floor
Tel: (804) 863-1624 Tel- (804) 367-2323 Newport News, VA 23608
757) 886-2807
Fax: (g04) 862-6196
Fax (8(Y4) 367-2391 Fax:Tel:((757) 886-2808
Roanoke Region Office
1030 Penanar Avenue, SE
Roanoke. VA 24013
Tel: (.54(1) 857.7585
Fax: (540) 857-7588
Winchester Region Office
147 N. Kent Street, Suite 203
Winchester, VA 22601
Tel: (540) 122-3427
Fax:(540)722.7535
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
FREDERICK COUNTY HISTORIC PROPERTY
DESIGNATION APPLICATION
4��K CSG
ti
Decision
Date
Signature
Frederick County
107 North Kent Street, Suite 202 HRAB USE ONLY
Winchester, Virginia 22601
Telephone: (540) 665-5651
Fax: (540) 665-6395 DATE STAMP
Include with the application form a survey or site plan (if available) of the property showing the
location/relationship of the structures(s), photographs of each side of the structure(s), and any relevant
detail including interior features. (The applicant should note that the photographs submitted will become
property of the County).
The plaque will be issued following review and approval of the application. There is no charge for the
plague.
• Date of Application: l A 1 N +
• Legal Name of Applicant: A L- LEE FE6
Address: P c S C' �— �- A?10 73-1.
• Telephone Number: ' c - SSS 0 1C• a lot �C'PCf ) C 0 ;t -:D
Property Information
• Historic Name of Property (if available): \A (-L_ r = V �'1� � c. z- FA A ,,(-, j
• Property Identification Number: '5-
Date
5 Date Structure(s) were built: k k S
• Acreage of Property: 2�-: «-c-
Original
.cOriginal Owner (if known): j 1 , 11 rol
• Subsequent Important Information:
• Date of Purchase:
• Deed Book and Page Number:
• Original Use of Property:
Current Use of Property:
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
www.co.frederick.va.us
List and briefly describe all structures on the property. Note any major additions or alterations.
(Attach additional paper if necessary)
List any significant events, personage and or families associated with the property.
Historic Plaques awarded by the Frederick County Historic Resources Advisory Board acknowledge the
architectural and historic integrity of the structure(s). Plaques remain the property of the County and will
remain in the possession of the property owner as long as the structure(s) retain 75% of their historic
fabric and configuration. I submit this application in good faith and understand that by signing this
application that I have given the HRAB permission to visit my property while they are evaluating the
structure(s) for the approval/disapproval of the application for designation as Historically Significant.
�i V[i ~ 4!
Signa of Applicant/Owner at
Signature of Applicant/Owner
Date
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