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012-04 Butcher Property - RA to RP (Briarwood LC) - Shawnee - Backfile
Butcher ProgJ r Statement ADMINISTRATION BUILDING 8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other 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 space 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 street, 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. 11. ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Butcher Property," prepared by Patton Harris Rust & Associated, dated September 8, 2004 (the "TIA"). The Applicant shall privately fund all transportation improvements required of this project. Page 3 of 6 %6 DATE �� o NO. 3226 RECEIVED FROM tJ•�l- -� t- -c G4 1 /r ADDRESS P6 ly( � 15 LI,)l lt�Pq J0�' iDo `I ��_C Ct. 5 0. LARs 5y $• FOR, OtL) /r O • r VIVA", 7--T =�tk4tjj DASH CHECKBALANCE MONEY DUE ORDER BY "�•K- DATE j U 'J� NO. 32 92 6 " •1 k RECEIVED FROM w"- C m ccADDRESSk a:4, u-1)�:l�Qlx��12_ti'Y��tiNi�iCC� 7�))�4 ��, ANA t�CLARS $ �Jy �. ��� ° u f'� U FOR ;v►� { ;) r� r _r t p. t �, c�, . �� G�-,u_ t r ; a v uxc) o� C_ II AMT OF ACCOUNT I CASH �, IIIII��I AMT. PAID h CHECK BALANCEI DUE MONEY ORDER I BY DATE q i4 v REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis t/ Adjoiner List pplication received/file opened Fee & Sign Deposit Deed v' Plat/Survey r Taxes Paid Statement Impact Model Run Reference manual updated/number assigned A D-base updated Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing One 81/7" x I I" black and white location map ordered from Mapping File given to office manager to update Application Action Summary PC public hearing date ACTION: BOS public hearing date ACTION: V Signed copy of resolution for amendment of ordinance, with conditions proffered [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) lG R 9/0� Action letter mailed to applicant l0&- 0 Reference manual and D-base updated io • 02gl Qy ,File given to office manager to update Application Action Summary (final action) &.11 c t Zc y , File given to Mapping/GIS to update zoning map Zoning map amended U \CarohCommonwackmg rez Kmwd 05/09/02 facsimile TRANSMITTAL Name: Bob Mitchell Fax: From: Eric Lawrence Date: October 1, 2004 Subject: Proffer Review Request Pages: 9 Comments: Good morning Bob; welcome back! Hope your travels were enjoyable. (1) Attached is a proffer statement (Butcher property rezoning) for your review. (2) Fieldstone MDP.... I would also note that Arcadia (Fieldstone MDP project) has filed a Complaint regarding the Board's approval conditions on the Fieldstone Master Development Plan. I believe the complaint was filed last week; the 21 day clock has begun. Please contact me to discuss as appropriate. (3) High View Manor. Ty has submitted another BZA appeal application; the legal advertisement deadline is today. Mark Cheran is prepared to apprize you when you're available; please contact him or I for details. Welcome back! Thanks! -Eric Lawrence 540-665-5651 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Robert T. Mitchell, Jr., Esquire FROM: Eric R. Lawrence, AICP, Planning Director i SUBJECT: Proffer Review — Butcher Rezoning DATE: October 1, 2004 Welcome back from your vacation! Staff has received the proffer statement for the Butcher Rezoning application, and is seeking your legal review. Staff would note that the introduction paragraphs are not the typical introduction paragraphs we generally receive. I suspect future rezoning proffer statements may use similar language, if you determine the language to be appropriate. I have attached the Butcher property proffer statement and the review agency comment for your use. This application will be heard by the Planning Commission on Wednesday, October 6, 2004. Thank you for your consideration. ERL/rsa Attachments cc: John R. Riley, Jr., County Administrator 107 North Kent Street • Winchester, Virginia 22601-5000 PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA to RP PROPERTY: 29.99 Acres Tax Map Parcel 55-A 200 (the "Property`) RECORD OWNER Briarwood LC APPLICANT: David B. Holliday PROJECT NAME: Butcher Property ORIGINAL DATE OF PROFFERS: September 7, 2004 REVISION DATA: 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 prior hereto. In the event that the above referenced rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. If this application is denied by the Board, but in the event that an appeal is for any reason thereafter remanded to the Board for reconsideration by a court of competent jurisdiction, then these proffers shall be deemed withdrawn unless the Applicant shall affirmatively readopt all or any portion hereof in a writing specifically for that purpose. 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, Butcher Property" dated July 1, 2004 (the "GDP"), and shall include the following: 1.1 Areas of residential development on the Property shall be developed in conformance with the regulations of the Residential Performance ("RP") zoning district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. Page 1 of 6 Residential development on the Property shall not exceed a maximum of 69 single family detached dwelling units. The project shall be comprised solely of single family, detached housing types. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND APPROVALS: The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Butcher Proffer Statement as approved by the Board. 1' 9 : WW O1-iON The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit except those that may be designated as "age restricted". PARKS & OPEN SPACE: The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. SHERIFF'S OFFICE The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. ADMINISTRATION BUILDING The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. Butcher Proffer Statement CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other 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 maybe assigned, an HOA shall have title to and responsibility for (i)_ all common open space 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 street, 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. 11, ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Butcher Property," prepared by Patton Harris Rust & Associated, dated September 8, 2004 (the "TIA'). The Applicant shall privately fund all transportation improvements required of this project. 12.2 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for a pro-rata share of the cost of installation of a traffic signal at the intersection of Farmington Boulevard and Greenwood Road. Page 3 of 6 Butcher Statement 12.3 The extension of Farmington Boulevard through the project shall be designed and constructed to include traffic calming measures acceptable to VDOT. 13. ESCALATOR CLAUSE: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors (`Board") within 30 months of the approval of this rezoning, as 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 (" CPI-U") published by the United States Department of Labor, such that at the time 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. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 4 of 6 Butcher Proffer Statement Respectfully submitted, DAVID B. HOLLIDAY By Title: STATE OF VIRGINI A, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrume t was aclmowle ged before me thisday o , 2004) by 1 'c My commission expires arnr� i ,7� NotaryPublic Page 5 of 6 BET71E NSLOW 55—A 184 -ONED: RP USE: RESI TTAL S. ZONED: O.S. CO, INC. BUTCHER PROPERTY GENERAL/ZED Dz ELOPMENT PLAN °o � FREDERICK COUNTY, ►9R6IN14 KING G tf wuax� ORRICK CEMPEPY CO, INC. 55—A-201 ZONED: RA USE: CEMETERY gilbert w. Clifford & associates a derision of Patton, Harris, Rust & Associates, pc 117 E Picodilf SL 4lnchesier, Virginia 22601 VOICE (540) 667-2139 FAX: (540) 665-0493 Page 6 of 6 Rezoning Comments Frederick County Attorney Mail to: Hand deliver to: Frederick County Attorney Frederick County Attorney Co. Administration Bldg., Suite 202 Co. Administration Bldg., Suite 202 107 North Kent Street 107 North Kent Street Winchester, Virginia 22601 Winchester, Virginia (540) 665-6383 Applicant: Please fill out the information as accurately as possible in order to assist the County Attorney's office with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Narne: Mailing Address: Location of property: Current zoning: Zoning requested: County Attorney's Comments: Assistant County Attorney's Signature & Date: Telephone: Acreage: Notice to County Attorney - Please Return This Form to the Applicant 18 TRANSMISSION VERIFICATION REPORT TIME 10/01/2004 09:09 NAME FRED CO PLANNING DEP FAX 5406656395 TEL 5406655651 SER.# BROC22J176677 DATEJIME 10/01 09:67 FAX 110./NAME 96624304 DURATION 00:02:24 PAGE(S) oe RESULT OK MODE STANDARD ECM facsimile TRANSMITTAL Name: Bob Mitchell Fax. ` Wi 41 From: Eric Lawrence Sate: October 11 2004 Subject: Proffer RevieNv Request Pages: C� C0n1M(-,nts : Good morning Bob; welco).- e back! Hope your travels were enjoyable- (1) Attached is a proffer statomont (Butcher property rezoning) for your review. (2) Fieldstone MDP.,,.1 would also note that Arcadia (Fieldston(-,'MDP project) has filed a Complaint regarding the Board's approval conditions on the Fieldstone Master Development Plan, I believe the complaint was filed last week; the 21 day clock has begun. Please contact me to discuss as appropriate. (3) High View Manor. Ty has submitted another. BZA appeal application; the legal advertisement. deadline is today. Mark Cberarn is prepared to apprize you when you're available; please contact him or I for details. L.-T--COU o FWC(P(F)�UICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 28, 2004 Mr. Charles E. Maddox Gilbert W. Clifford & Associates/PHRA 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: REZONING 412-04, BUTCHER PROPERTY (BRIARWOOD LC) Dear Chuck: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of October 27, 2004. The above -referenced application was approved to rezone 29.9891 acres from RA (Rural Areas) District to RP (Residential Performance) District. The subject property is located east of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision, and is identified with Property Identification Number 55-A-200, 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 for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Si ErioR�awrence, AICP Pla ling Director ERL/bad cc: Briarwood LC, 205 N. Cameron St., Winchester, VA 22601 Gina A. Forrester, Board of Supervisors, Red Bud District Supervisor Pat Gochenour and Marie F. Straub, Red Bud District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 REZONING APPLICATION #12-04 BUTCHER PROPERTY (BRIARWOOD LC) Staff Report for the Board of Supervisors Meeting Prepared: October 20, 2004 Staff Contact: Eric R. Lawrence, AICP, 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: 10/06/04 Recommended Approval Board of Supervisors: 10/27/04 P dinjV PROPOSAL: To rezone 29.9891 acres from RA (Rural Areas) District to RP (Residential Performance) District. LOCATION: The property is located east of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER(S): 55-A-200 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Single Family (Briarwood) South: RA (Rural Areas) Use: Undeveloped East: RA (Rural Areas) Use: Undeveloped West: RP (Residential Performance) Use: Single Family (Briarwood) PROPOSED USES: 69 single family detached dwellings (12,000 sq. ft. lot minimums) Rezoning 412-04, Butcher Property (Briarwood LC) October 20, 2004 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Via e-mail on September 22, 2004: The documentation within the application to rezone this property appears to have a measurable impact on Route 656. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the September 7, 2004 rezoning application addresses transportation concerns associated with this request except for Comment 12.2 where the applicant shall enter into a signalization agreement with VDOT to share their prorated portion of the costs of the installation of a traffic signal at the intersection of Farmington Boulevard and Greenwood Road. All other issues are acceptable at this time. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of- way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code section 90-4. Fire hydrants shall be located within three feet of the curb and landscaping Shall not interfere with its operation. Plan approval recommended. Frederick -Winchester Service Authority: No comments. Public Works Department: We have completed our review of the proposed Butcher rezoning and offer the following comments: The traffic impact analysis indicates that the proposed project will include 65 single family dwellings. The remainder of the rezoning application including the impact model indicates 70 dwellings. This conflict needs to be corrected accordingly. The discussion of solid waste disposal facilities indicates that the residents will use Frederick County dumpster sites for disposal of solid waste. In all probability, the residents will attempt to use the Greenwood convenience site located adjacent to the proposed project behind the Greenwood Fire Hall. .However, the current site has exceeded capacity because of recent development in the Senseny Road/Greenwood Road area. The proposed development on the Butcher property will only serve to further exacerbate the problem. A curbside program implemented by the homeowners' association would be a preferable approach to solid waste disposal to avoid the long lines at the convenience site. Sanitation Authority: No comment. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the I-IRAB. i 0 Rezoning # 12-04, Butcher Property (Briarwood LC) October 20, 2004 Page 3 Winchester Regional Airport: The referenced proposal was reviewed. While the proposed development lies within the airports Part 77 surfaces and airspace, it appears that the proposed site plan will not impede operations at the Winchester Regional Airport. Frederick County Department of Geographic Information Services (GIS): No comment at this time. Please submit road names for review and approval when they have been determined. Frederick County Department of Parks & Recreation: The Butcher property rezoning application appears to have addressed the open space requirements and offers a monetary proffer to help offset the demand for leisure services which will be created by this development. Frederick -Winchester Health Department: The health department has no objection as long as the proposal does not impact any existing or proposed wells or septic systems. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 70 single family homes will yield 12 high school students, 10 middle school students, and 28 elementary school students for a total of 50 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. PlanninjZ & Zoning: 1) Site Histoiy The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning of the subject parcel as A-2 (Agricultural General) District. The County's agricultural zoning districts were subsequently 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 property and all other A-1 and A-2 zoned land to the RA District. 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 fixture physical development of Frederick County. [Cony)rehensive Policy Plan, p. I-1] Land Use The Urban Development Area (UDA) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the Rezoning #12-04, Butcher Property (Briarwood LC) October 20, 2004 Page 4 county where more intensive forms of residential development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. (Conprehensive Policy Plan, p. 6-1, 6-2) The subject property is located entirely within the UDA. There are no small area land use plans found in the Frederick County Comprehensive Policy Plan for the site. In accordance with the Frederick County Comprehensive Policy Plan, "any new suburban residential development served by sewer and water will have to be located within the UDA." As such, the subject proposal is consistent with this general land use policy. (Comprehensive Policy Plan, p. 6-5) Transportation The subject site is accessible via Farmington Boulevard, a road classified as a minor collector road by the Eastern Road Plan. The Eastern Road Plan indicates that Farmington Boulevard will traverse the subject site in a east -west manner, linking Greenwood Road and Charming Drive. Farmington Boulevard will ultimately travel through various residential neighborhoods: the Briarwood, Lynnhaven, and Sovereign Village subdivision, and the Butcher property. This application does accommodate Farmington Boulevard across the site. Farmington Boulevard currently intersects with Greenwood Road at an unsignalized intersection. This applicant has proffered to enter into a signalization agreement with VDOT. At the intersection of Farmington Boulevard and Charring Drive, east of the subject site, 25 acres of vacant B2 property currently exists. This commercially zoned land will provide commerce opportunities for the fixture residents of the subject site. It is foreseeable that Farmington Boulevard, as a minor collector road, could achieve daily traffic counts up to 3,000 trips per day. Accordingly, traffic calming measures have been proffered by the applicant to lessen impacts on the residents along Farmington Boulevard. 3) Site Suitability/Environment The subject 30-acre parcel contains woodlands and limited areas of wetlands; wetlands of which total less than 0.9 acres. A central intermittent stream channel bisects the site from south to north draining through the Briarwood Estates subdivision. The ordinance required Riparian Buffers will be provided on either side of the channel to maintain the stream's integrity. The General Soil Map of the Soil Survey of Frederick County, Vir ig nia indicates that the soils comprising the subject parcels fall tinder the Weikert-Berks-Blairton soil association. These types of soils are common on land located east of hlterstate 81. They present some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. 4) Project Scope If the Butcher property is rezoned and later master planned, the property could realize a maximum proffered density up to 2.3 residential units per acre, a density consistent with Rezoning #12-04, 9 • Butcher Property (Briarwood LC) October 20, 2004 Page 5 adjacent developments 5) Potential Impacts A. Transportation Using the standards found in the I.T.E. Trip Generation Manual, 7°i Edition, the proposed rezoning would increase traffic by 690 vehicle trips per day. The applicant's Traffic Impact Analysis (TIA) projects 69 single family detached residential lots being created from the 30 acre site. The existing traffic on Farmington Boulevard is 880; the proposed rezoning could increase the traffic on Farmington Boulevard by 78 percent. A majority of the residents will utilize Greenwood Road, accessed via the Greenwood Road and Farmington Boulevard intersection. B. Sewer and Water An impact of 13,800 gpd is projected based on an average of 200 gpd per residential unit. The Sanitation Authority and Service Authority have offered "no comment" for this rezoning. C. Capital Facilities Impact The Capital Facilities Impact Model projects a total fiscal impact of $10,089 per dwelling unit associated with this rezoning. This includes a projected increase in the public school student population by 50 children. 6) Proffered Conditions The following list is a summary of the proffered conditions associated with this rezoning application: • Assurance that the site will be developed to accommodate no more than 69 single family detached dwelling units (12,000 sq. ft. minimum lot size) • Contribution of $10,206 per lot to lessen the impacts on capital facilities. An escalator clause has been proffered, which would go into affect for new construction set forth after 30 months. • The applicant will enter into a signalization agreement with VDOT for the intersection of Farmington Boulevard and Greenwood Road. • The applicant will implement traffic calming techniques along Farmington Boulevard. (Staff Comment: The applicant has also proffered to: utilize the Counly's public water and sewer system; create a Horneor>)ner's association; practice stormwaler management and BMP; and, adhere to the RP Residential Performance regulations. These proffered items are restatements of ordinance requirements.) STAFF CONCLUSIONS FOR THE 10/06/04 PLANNING COMMISSION MELTING: This application is a request to rezone approximately 29.9891 acres of land from the RA (Rural Areas) District to the RP (Residential Performance) District. The land requested for rezoning is within the UDA (Urban Development Area) and is generally consistent with the land use policies found in the Comprehensive Policy Plan. Primary access to the site will occur via Farmington Boulevard, and its intersection with Greenwood Road. 0 0 Rezoning #12-04, Butcher Property (Briarwood LC) October 20, 2004 Page 6 The proffer statement of this rezoning application attempts to mitigate the potential impacts associated with this rezoning. PLANNING COMMISSION SUMMARY & ACTION OF THE 10/06/04 MEETING: Planning Commissioners had questions for the applicant on whether VDOT was satisfied that mitigation of the transportation impacts had been satisfactorily addressed; whether or not curbside trash pick-up could be implemented by the homeowners' association to avoid long lines at the Greenwood convenience site; where and what types of traffic -calming techniques were proffered along Farmington Boulevard; and, what the intended lot size would be. The issue of overcrowded schools in this area was also discussed, as well as busing young school children miles away from where they live to attend school. In response to the anticipated lot size, the applicant stated that 12,000 square -foot lots, consistent with Briarwood, are planned for this property. Two local residents spoke to the Commission; they believed the rezoning should be placed on hold until the new elementary school opened in the fall of 2006. They were concerned about the increasing volume of traffic on Greenwood Road, frequent traffic accidents at the intersection of Greenwood Road and Valley Mill Road, the long lines at the dumpster site, and schools that were over capacity. Funding for the infrastructure necessary to accommodate all of the residential development in this area remained an issue for the Commission members, although they recognized that this particular applicant had probably done as much as possible with the submitted proffers to mitigate the fixture impacts of this development. By a majority vote, the Planning Commission recommended approval with the proffers as submitted by the applicant. The vote was as follows: YES (to approve): Watt, Unger, Morris, DeHaven, Thomas, Kriz, Triplett NO: Straub, Gochenour, Light, Rosenberry (Please note: Commissioner Ours was absent; Commissioner Fisher appointed to Board.) 1 186 291-474 24 44 60fi1 81 92 91 120 176 72 173 156 155 i64 75 59 93 121 175 43 76 � 122 174 141 194A 97 96 185 025 79 95 103 104 148A 123 124 140 142 143 144 145 2 Pis S8A e 1 41 78 96 105 125 s139 138 98 2 3 28 40 39 97 10 102 126 137 252A 95 99 94 eeF''000 168 ve 4 6 29 106 98 101 107 143 127 a� 144 145 146 t47 128 136 100 93 188A 20 30 5 7 31 37 100 110 111 148 149 129 3 58A 81 92 19 32 18 108 109 150 130 131 80 91 79 33 8 34 99 128 140 151 132 � 78 89 15 17 16 35 126 127 129 139 141 152 153 133 77 88 190 9 36 112 113 124 1 5 142 154 76 87 14 130 138 167 � tprs 155 war 75 86 58A 13 10 14 123 122 131 137 168 175 74 85 3 5 12 it 115 136 176 7384 4 it6 121 132 169 m 177 83 184 117 �m 135 w 193A 133 '< m 174 178 82 3 WI 119 118 120 190 170 173 179 63 2 55 A 184 134 189 180 62 xm 191 0 171 188 172 61 1 192 187 181 e 60 12 13 � 200 193 186 r 182 a� 59 11 14 rn 192 185 10 2 15 BAPTIST GREENWOOD CHURCH 194 184 0 S 195 183 202A 16 9 55 A 192 BRIARWOOD MANOR, LLC 196 58 17 8 .0 55 A 200 197 57 7 fT1 198 202 34A 18 34 6 In GREENWOOD 199 203 19 � VOLUNTEER FIRE CO. 27 55 20 5 O 199 55 A 199 204 � 1 21 4 i O � 53 22 3 25 52 26 25 24 23 1 35 34 201 24 23 36 33 32 31 22 30 29 28 27 34A 21 37 14 38 271-474 13 20 39 ORRICK CEMETERY COMPANY, INC. 15 16 339 2 I4, 194 198 245-288 55 A 201 t2 F 17 18 S �q 197 202 11 203 10 9 a2 3s 38A R 657 21 8 7 6 41 40 � 9 8 196 1 2 3 i 2 3 4 5 6 7 8 9 20 22 23 24 25 24A Rezoning # 12 - 04 - Butcher Property N (55-A-200) w� 1: 0 250 500 1000 1.500 � S F- 0 • PROPOSED PROFFER STATEMENT REZONING: RZ. # 12-04: RA (Rural Areas) to RP (Residential Performance) PROPERTY: 29.99 Acres +/-; Tax Map Parcel 55-A 200 (the "Property') RECORD OWNER Briarwood LC APPLICANT: Briarwood LC PROJECT NAME: Butcher Property ORIGINAL DATE OF PROFFERS: September 7, 2004 REVISION DATE(S): October 7, 2004; October 18, 2004 The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced 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 that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The 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, Butcher Property' dated July 1, 2004 [revised October 6, 2004] (the "GDP"), and shall include the following: 1. LAND USE: 1.1 Areas of residential development on the Property shall be developed in conformance with the regulations of the Residential Performance ("RP") zoning district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. Page 1 of 6 • • Butcher Proffer Statement 1.2 Residential development on the Property shall not exceed a maximum of 69 single family detached dwelling units. 1.3 The project shall be comprised solely of single family, detached urban housing (minimum 12,000 square foot lots). 1.4 The project shall be developed pursuant to an annualized phasing plan. Certificates of occupancy for no more than 36 dwelling units shall be issued within any twelve (12) month period, beginning from the date of rezoning approval. 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, and design standards, and this Butcher Proffer Statement as approved by the Board. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit except those that may be designated as "age restricted". 5. PARKS & OPEN SPACE: 4.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7. SHERIFF'S OFFICE 7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. Page 2 of 6 9 Butcher Proffer Statement ADMINISTRATION BUILDING 8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA') that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other 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 space 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 street, 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. 11. ENVIRONMENT: 11.1 Storm -water management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Butcher Property," prepared by Patton Harris Rust & Associated, dated September 8, 2004 (the "TIA" ). The Page 3 of 6 Butcher Proffer Statement Applicant shall privately fund all transportation improvements required of this project. 12.2 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for a pro-rata share of the cost of installation of a traffic signal at the intersection of Farmington Boulevard and Greenwood Road. (See 1 on GDP) 12.3 The extension of Farmington Boulevard through the project shall be designed and constructed to include traffic calming measures acceptable to VDOT. (See 2 on GDP) 13. ESCALATOR CLAUSE: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors (`Board") within 30 months of the approval of this rezoning, as 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 ("CPI-LJ") published by the United States Department of Labor, such that at the time 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. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 4 of 6 0 0 Butcher Proffer Statement Respectfully submitted, BRIARWOOD LC Title: I" l0,Az er !� STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledge` beforg- me this 19 day of '! � , 2004, by I�+l i j G. t t� l (1. "jaz MY commission. expires io Notary Public o J Page 5 of 6 0 55-A "4 4�ONED: RP ESI "I nAL J i AEY LAW C C EIERY CO, INC. 55-A 01 ZONED: A E CEME Y / HANIEl uuu�n� 55J-1-7-7 WSJ-I-2- 5 IVY 55J-7-I-H u S. ORRICK CEMETERY CO, INC. 55-A-201 ZONED: RA USE: CEMETERY BUTCHER PROPERTY REV 10/6/04 gilbert w. Clifford & associates _ GENERALIZED DEVELOPMENT PLAN Patton, Harris, Ruista( & Associates, pc 117 E. Picodilly St. Winchester, Virginia 22601 FREDERICK COUNTY, VIRGIN14 VOICE: (540) 667-2139 FAX: (540) 665-0493 Page 6 of 6 • AMENDMENT Action: PLANNING COMMISSION: October 6, 2004 - Recommended Approval BOARD OF SUPERVISORS: October 27, 2004 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 12-04 OF THE BUTCHER PROPERTY (BRIARWOOD LC) WHEREAS, Rezoning 412-04 of the Butcher Property (Briarwood LC), submitted by Gilbert W. Clifford & Associates, Inc., to rezone 29.9891 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located east of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision, in the Red Bud Magisterial District, and is identified by Property Identification Number (PIN) 55-A-200; and WHEREAS, the Plaiming Commission held a public hearing on this rezoning on October 6, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 27, 2004; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 29.9891 acres from RA (Rural Areas) District to RP (Residential Performance) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #22-04 E This ordinance shall be in effect on the date of adoption. Passed this 27th day of October, 2004 by the following recorded vote: Richard C. Shickle, Chairman Gina A. Forrester Gene E. Fisher Lynda J. Tyler Barbara E Gary Dove Bill M A COPY John R. Riley, Jr. Frederick County Administrator PDRes #22-04 gilbert w. clifford &Ipsociates a division of Patton H arris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 P Winchester, Virginia 22601 HFA+ T 540,667.2139 F 540.665.0493 To: Organization/Company: Address: Telephone Number: Date: From: Project Name/Subject: Via: Quantity File # ivULUb. Eric Lawrence FREDERICK COUNTY ' Transmittal ninimir R. nFVFI nPMFNT Frederick County Planning 107 N. Kent Street Winchester, VA 22601 —October 21, 2004] Chuck Maddox Butcher Rezoning Internal Project File #: Date Description Revised Proffers Received by: Date: Transmitted ® Herewith ❑ Under separate cover Material ❑ Originals ❑ Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ❑ Your Use ❑ Your Files ® Approval ❑ Please Return: Corrected Pnnts ❑ Please Submit: Revised Prints jctl DEcE VE 2 1 W-14 FREDERICK COUNTY PLANNING & DEVELOPM1 gilbert w. clifford &Ipssociates a division of Patton H arris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 P RA Winchester, Virginia22601 HT 540.667.2139 F 540.665.0493 To: Organization/Company: Address Telephone Number: Date: From: Project Name/Subject: Via: Transmittal Eric Lawrence r/7 Frederick Coun Planning1�1 1� ^ 107 N. Kent Street Winchester, VA 22601 OCT g� � j October 8, 2004 Chris Mohn PLANNIN, & DLVELC Butcher Rezoning Internal Project File #: Quantity File # Date Description 1 Revised Proffer Received by: Date: Transmitted ® Herewith ❑ Under separate cover Material Originals ❑ Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ❑ Your Use ❑ Your Files ® Approval ❑ Please Return: Corrected Prints ❑ Please Submit: Revised Prints • PROPOSED PROFFER STATEMENT REZONING: RZ. # 12-04: RA (Rural Areas) to RP (Residential Performance) PROPERTY: 29.99 Acres +/-; Tax Map Parcel 55-A 200 (the "Property') RECORD OWNER Briarwood LC APPLICANT: David B. Holliday PROJECT NAME: Butcher Property ORIGINAL DATE OF PROFFERS: September 7, 2004 REVISION DATE (S): October 7, 2004 The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced 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 that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The 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, Butcher Property' dated July 1, 2004 [revised October 6, 2004] (the "GDP"), and shall include the following: LAND USE: 1.1 Areas of residential development on the Property shall be developed in conformance with the regulations of the Residential Performance ("RP") zoning district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. Page 1 of 6 RD[:: i n FREDERICK COUNTY PLANN;N'G & Dc -10iD L".ENT E • Butcher Pro pr Statement 1.2 Residential development on the Property shall not exceed a maximum of 69 single family detached dwelling units. 1.3 The project shall be comprised solely of single family, detached housing types. 1.4 The project shall be developed pursuant to an annualized phasing plan. No more than 36 dwelling units shall be constructed within any twelve (12) month period, beginning from the date of rezoning approval. 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, and design standards, and this Butcher Proffer Statement as approved by the Board. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit except those that may be designated as "age restricted". 5. PARKS & OPEN SPACE: 4.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7. SHERIFF'S OFFICE 7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. Page 2 of 6 • 0 E FREDERiCK COUNTY PLANNiNG! & LEVELOPMENT FREDERICK COUNTY PLA.Pl;',!!.r,,.,C & PEVI-16PMENT • U Buicber Proffer Statement 12.2 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation (VDOI) for a pro-rata share of the cost of installation of a traffic signal at the intersection of Farmington Boulevard and Greenwood Road. (See 1 on GDP) 12.3 The extension of Farmington Boulevard through the project shall be designed and constructed to include traffic calming measures acceptable to VDOT. (See 2 on GDP) 13. ESCALATOR CLAUSE: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as 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 ("CPI-U) published by the United States Department of Labor, such that at the time 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. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 4 of 6 s � FREDERICK COUNTY PLANNING R D `cE! OP(JIENT • C� lubber No&r Statement Respectfully submitted, • All' 1 6T0 0 Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledg�jd before me this 0 - day of � criJ cr" , 2004, by 17aJ� d L3 4i�i�z� My conunission expires 10.�L" i - O S Notary Public C., Page 5 of 6 L.J • FREDERICK COUNTY PLANNING & DEVELOPMENT Page 6 of 6 FREDERICK COUNTY PIANNiNG F OEVELGPMENT 0 • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA ND E C E � V E SEP 1 p 2004 1B FRFDFRICK COUNTY To be completed by Planning Staff Fee Amount Paid $ J�O Zoning Amendment NumberA�4S dad -o�( Date Received g D PC Hearing Date 10 ( o BOS Hearing Date I 1 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: Gilbert W. Clifford & Associates/PHRA Telephone: 667-2139 Address: 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 • 2. Property Owner (if different than above) Name: Briarwood LC Address: 205 N. Cameron Street Winchester. VA 22601 3. Contact person if other than above Name: Charles E. Maddox Telephone: 667-2120 Telephone: 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 • I • 0 ID 9CE�WWE • 0 5. The Code of Virginia allows us to request full disclosure of own 1' t' relation to rezoning app Ica ions. 1 FREDERICK COUNTY Please list below all owners or parties in interest of the land to be rezon�ld"._NN!NG & DEv-MENT David B. Holliday 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER USE Residential & Vacant RP -Single Family Detached (Urban) 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). East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. 0 • s Briarwood Section 3 ID # Name Address Zonin2 Use 55-A-184 Bettie E Winslow 711Greenwood Road, Winchester, VA 22602 RP Residential 55-A-201 Greenwood Baptist Church 778 Greenwood Road, Winchester, VA 22602 RA Religious 55-A-201 Orrick Cemetery Co., Inc. 501 S. Braddock Street, Winchester, VA 22601 RA Agricultural 55J-1-1-7 Rae an P & Jose R Ran el 102 Goldenrod Road, Winchester, VA 22602 RP Residential 55J-1-1-8 Richard L & Sharon K Ivy 100 Goldenrod Road, Winchester, VA 22602 RP Residential 55J-1-1-9 Randy L & Heather C Stotler 101 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-1-10 Ruth H Tensley 103 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-1-11 Steven L Lamm & Angela Greenwalt 105 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-1-12 Marlon A & Cynthia D Coffey 107 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-2-30 Robert & Jennifer Douglas 302 Lilys Way, Winchester, VA 22602 RP Residential 55J-1-2-31 Lamont L & Lorretta E Lashley 304 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-2-32 Christopher L & Vicki L White 306 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-2-33 Alan C & Diane L Van Arnburg 308 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-2-34 Rhonda Mason 310 Lil s Wa ,Winchester, VA 22602 RP Residential 55J-1-2-35 Richard C Edlich 312 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-2-36 Jerry S King & Scot W Marsh 39078 Old Valley Pike, Strasburg, VA 22657 RP Vacant 55J-1-2-36A Briarwood Estates Homeowners Assoc. P.O. Box 746, Stephens City, VA 22655 RP Vacant 55J-1-6-112 John D & Susan L Wallace 318 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-6-114 David F & Lynn K Gwinn 202 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-115 Alan R Saville & Leigh Ann Sweeney 204 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-116 Michael A & Stacey L Quick 206 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-117 Mark E & Laura L Q C-A VF 208 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-118 Christopher S & Carla A Hammond 210 Trefoil Ct., Winchester, VA 22602 RP Residential • I Information to be Submitted for Capital Facilities Impact Model • In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number Magisterial: Fire Service: Rescue Service Shawnee Greenwood Greenwood Districts High School: Middle School: Elementary School 55-A-200 James Wood James Wood Sensenv Road 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 29.9891 RA RP 29.9891 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 69 Townhome Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Square Footage of Proposed Uses Office Service Station Retail Manufacturing Restaurant Warehouse Other F7SEP o • 0 2004 , FREDERICK COUNTY I 3 NNING & DEVELOPM;:rrr 0 0 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) Date be, W. C iffor associates Date Owner(s) •riarwoo ; L'C� 0 Date 9 --7- 01 x Date �� c� Special Limited Power of A y � `� County of Frederick, Vir is ERICK COUNTY Frederick Planning Web Site: www.co.fr Teri &DEVELOPMENT Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) David B. Holliday (Phone) 667-2120 (Address) 205 N. Cameron Street Winchester. Virginia 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 810 on Page 1279 and is described as Parcel: 200 Lot: Block: A Section: 55 Subdivision: do hereby make, constitute and appoint: Chris Mohn (Name) PHRA — Charles, E. Maddox, Jr. (Phone) 667-2139 address) 117 E. Piccadilly Street, Suite 200, Winchester. Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. -�h In witness thereof,�I (we) have hereto set my (our) hand and seal this _ day o i I " 200 State of Virginia, City/County of LQ k �—) C To -wit: D20 k d EI wo l a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument :nally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of. ± 00 �. �� My Commission Expires: 0/ � I 2� otary Public ROAD n SITE J� N�nr y i VICINITY MAP 1 "=1, 500' NOTES: 1. THE PROPERTIES SHOWN ON THIS PLAT ARE LOCATED ON ASSESSMENT MAP 55—((A))-200 AND ARE NOW IN THE NAME OF JAMES E. & ARDEYH 0. BUTCHER PER DEED RECORDED AT DEED BOOK,810 AT PAGE 1279 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 2. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOT THEREFORE NECESSARILY INDICATE ALL ENCUMBRANCES AND RESTRICTIVE COVENANTS ON THE PROPERTY. 3. THIS SURVEY IS BASED ON A CURRENT FIELD SURVEY 4. THE EXISTENCE OF VEGETATED OR TIDAL WETLANDS WAS NEITHER INVESTIGATES NOR CONFIRMED DURING THE PERFORMANCE OF THIS SURVEY BY THIS FIRM. 5. IRF DENOTES REBAR FOUND 6. IRS DENOTES REBAR TO BE SET CURVE TABLE CURVE I DELTA RADIUS LENGTH TANGENT BEARING CHORD Cl 1 *16'23" 547.96 12.18 6.09 N21'38'21 "E 12.18 BOUNDARY SURVEY OF THE PROPERTY OF tiTH OF JAMES E. & ARDEYTH 0. BUTCHER �wP �'j 'A�, D.B. 810, PG. 1279 RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA RANDY A. STD1fERS a SCALE: AS NOTED DATE: FEBRUARY 2, 2004 No. 002342 gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES � A PROFESSIONAL CORPORATION CONSULTING ENGINEERING — LAND SURVEYING — PLANNING SUA 117 E. PICCADILLY STREET, VANCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 1 OF • a D 1 oLOG�+ PLAfRR D�G�O • II suififARF Butcher Impact Analysis Statement II. Summary and Justification The Butcher property lies wholly within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) of Frederick County, with access to Greenwood Road via Farmington Boulevard. The site is located adjacent to the Briarwood Estates subdivision, which the applicant in this petition successfully rezoned and developed over the course of the past decade. The development of the Butcher property will continue the established development pattern in this area, and will be integrated with adjoining neighborhoods through the extension of Farmington Boulevard. The rezoning of the site for single family residential development is consistent with the vision of the Comprehensive Policy Plan, which expressly calls for suburban residential uses to predominate within the UDA. The site is accordingly designated for residential land use on the Eastern Frederick County Long Range Land Use Plan map. By using available land within the UDA, this rezoning promotes a dynamic housing market within the county's designated growth area, and therefore advances the important goal of reducing development pressure in the outlying rural areas. The applicant is confident that the proposed rezoning includes a proffer program that will appropriately and effectively mitigate the impacts of this development while simultaneously contributing to the regional transportation network The single family residential land use envisioned for the site is compatible with the surrounding community and consistent with the land use policies of the Comprehensive Policy Plan. As such, this rezoning request merits favorable consideration and approval. pr!tilE I FREDERICK COUNTY PLANNING & DEVELOPMENT -_. 0 0 AMENDMENT Action: PLANNING COMMISSION: October 6, 2004 - Recommended Approval BOARD OF SUPERVISORS: October 27, 2004 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 12-04 OF THE BUTCHER PROPERTY (BRIARWOOD LC) WHEREAS, Rezoning 412-04 of the Butcher Property (Briarwood LC), submitted by Gilbert W. Clifford & Associates, Inc., to rezone 29.9891 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located east of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision, in the Red Bud Magisterial District, and is identified by Property Identification Number (PIN) 55-A-200; and WHEREAS, the Plamling Commission held a public hearing on this rezoning on October 6, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 27, 2004; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 29.9891 acres from RA (Rural Areas) District to RP (Residential Performance) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #22-04 0 • This ordinance shall be in effect on the date of adoption. Passed this 27`" day of October, 2004 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gina A. Forrester Nay Gary Dove Aye Gene E. Fisher Aye Bill M. Ewing Aye Lynda J. Tyler Nay A COPY ATTEST John R. R Ley, Jr. Frederick County Administrator PDRes #22-04 0 PROPOSED PROFFER STATEMENT REZONING: RZ. # 12-04: RA (Rural Areas) to RP (Residential Performance) PROPERTY: 29.99 Acres +/-; Tax Map Parcel 55-A 200 (the "Property") RECORD OWNER Briarwood LC APPLICANT: Briarwood LC PROJECT NAME: Butcher Property ORIGINAL DATE OF PROFFERS: September 7, 2004 REVISION DATE(S): October 7, 2004; October 18, 2004 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced 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 that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The 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, Butcher Property" dated July 1, 2004 [revised October 6, 2004] (the "GDP"), and shall include the following: LAND USE: 1.1 Areas of residential development on the Property shall be developed in conformance with the regulations of the Residential Performance ("RP") zoning district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. Page 1 of 6 Butcher Proffer Statement 1.2 Residential development on the Property shall not exceed a maximum of 69 single family detached dwelling units. 1.3 The project shall be comprised solely of single family, detached urban housing (minimum 12,000 square foot lots). 1.4 The project shall be developed pursuant to an annualized phasing plan. Certificates of occupancy for no more than 36 dwelling units shall be issued within any twelve (12) month period, beginning from the date of rezoning approval. 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, and design standards, and this Butcher Proffer Statement as approved by the Board. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit except those that may be designated as "age restricted". 5. PARKS & OPEN SPACE: 4.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7. SHERIFF'S OFFICE 7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. Page 2 of 6 • Butcher Prof erStatement 8. ADMINISTRATION BUILDING 8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA') that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other 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 space 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 street, 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. 11. ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Butcher Property," prepared by Patton Harris Rust & Associated, dated September 8, 2004 (the "TIN). The Page 3 of 6 0 • Butcher Statement Applicant shall privately fund all transportation improvements required of this project. 12.2 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for a pro-rata share of the cost of installation of a traffic signal at the intersection of Farmington Boulevard and Greenwood Road. (See 1 on GDP) 12.3 The extension of Farmington Boulevard through the project shall be designed and constructed to include traffic calming measures acceptable to VDOT. (See 2 on GDP) 13. ESCALATOR CLAUSE: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors (`Board") within 30 months of the approval of this rezoning, as 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 ("CPI-U") published by the United States Department of Labor, such that at the time 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. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 4 of 6 0 u Butcher Proffer Statement Respectfully submitted, BRIARWOOD LC 52 Title: MSIA&er t/ STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged befor, me this I`� day of W, 2004, by My commission e pires Notary Public �� h • G�,, k-' j Page 5 of 6 Butcher Proffer Statement Page 6 of 6 I* I BEn NSLOW 55-A 184 'ONED: RP USE: ,EST N77A1 - SEOPM I CEXETERY CO, INC. 55-A 01 ZONED: NRA N�l� BUTCHER PROPERTY O GENERAL/ZED DEVELOPMENT PLAN FREDERICK COUNTY, VIRGIN14 d K14C • • ORRICK CEMETERY CO, INC. 55—A-201 ZONED. RA USE: CEMETERY REV 10/6/04 gilbert w. Clifford & associates a division of Patton, Harris, Rust & Associates, pc 117 E. Picodi6y SL tynchesier, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 Page 6 of 6 0 0 V PROFFER ST4TEffENT PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA to RP PROPERTY: 29.99 Acres +/-; Tax Map Parcel 55-A 200 (the "Property") RECORD OWNER Briarwood LC APPLICANT- David B. Holliday PROJECT NAME: Butcher Property ORIGINAL DATE OF PROFFERS: September 7, 2004 RE VISION DATA: N/A The undersigned hereby proffers that the use and development of the subject property ("Propert-/'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. If this application is denied by the Board, but in the event that an appeal is for any reason thereafter remanded to the Board for reconsideration by a court of competent jurisdiction, then these proffers shall be deemed withdrawn unless the Applicant shall affirmatively readopt all or any portion hereof in a writing specifically for that purpose. 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, Butcher Property" dated July 1, 2004 (the "GDP"), and shall include the following: 1. LAND USE: 1.1 Areas of residential development on the Property shall be developed in conformance with the regulations of the Residential Performance ("RP") zoning district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. Page 1 of 6 0 • V D SEP 0 2004 FRED[R& DE OF ENI 0 Butcber Proffer Statement 1.2 Residential development on the Property shall not exceed a maximum of 69 single family detached dwelling units. 1.3 The project shall be comprised solely of single family, detached housing types. 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, and design standards, and this Butcher Proffer Statement as approved by the Board. FIRE & RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit except those that may be designated as "age restricted". PARKS & OPEN SPACE: 5.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7. SHERIFF'S OFFICE 7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. ADMINISTRATION BUILDING 8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. Page 2 of 6 0 • D�............. . ...... FREDER��K ����pMENT P�ANNIN��-1 • 0 Rutcher Proffer Statement CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA') that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other 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 space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (in) common solid waste disposal programs, if they decide to use a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, 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. 11. ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Butcher Property," prepared by Patton Harris Rust & Associated, dated September 8, 2004 (the "TIA"). The Applicant shall privately fund all transportation improvements required of this project. 12.2 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for a pro-rata share of the cost of installation of a traffic signal at the intersection of Farmington Boulevard and Greenwood Road. Page 3 of 6 0 • Butcher Proffer Statement 12.3 The extension of Farmington Boulevard through the project shall be designed and constructed to include traffic calming measures acceptable to VDOT. 13. ESCALATOR CLAUSE: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as 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 ("CPI-U") published by the United States Department of Labor, such that at the time 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. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 4 of 6 Butcher Proffer Statement Respectfully submitted, DAVID B. HOLLIDAY By Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrume t was acknIwle ed before me this�day o fse2004, by My commission expires NotaryPublic Page 5 of 6 1� FRE�G � pE O�OPMPNT pLANN J Page 6 of 6 ib 0 U n s t p 1 0 2004 F ER p IER CK COUNiY PLANNING &DEVELOPMENT PROPOSED PROFFER STATEMENT t • REZONING: RZ. # RA to RP DEVE OPCK MENT PROPERTY: 29.99 Acres +/-; Tax Map Parcel 55-A 200 (the "Property") RECORD OWNER Briarwood LC APPLICANT: David B. Holliday PROJECT NAME: Butcher Property ORIGINAL DATE OF PROFFERS: September 7, 2004 REVISION DATA: 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 prior hereto. In the event that the above referenced rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of • County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. If this application is denied by the Board, but in the event that an appeal is for any reason thereafter remanded to the Board for reconsideration by a court of competent jurisdiction, then these proffers shall be deemed withdrawn unless the Applicant shall affirmatively readopt all or any portion hereof in a writing specifically for that purpose. 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, Butcher Property' dated July 1, 2004 (the "GDP"), and shall include the following: 1.1 Areas of residential development on the Property shall be developed in conformance with the regulations of the Residential Performance ("RP") zoning • district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. Page 1 of 6 • • • 0 • �J 13r11dwr Troller ,S'hNrnienl • 1.2 Residential development on the Property shall not exceed a maximum of 69 single family detached dwelling units. 1.3 The project shall be comprised solely of single family, detached housing types. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERNIITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Butcher Proffer Statement as approved by the Board. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each • single family detached unit except those that may be designated as "age restricted". 5. PARKS & OPEN SPACE: 5.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7. SHERIFF'S OFFICE 7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 8. ADNIINISTRATION BUILDING 8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. • Page 2 of 6 • • • C7 E • Butcher Pmffer Statement 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA') that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other 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 space 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 street, 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. 11. ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, Fast Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Butcher Property," prepared by Patton Harris Rust & Associated, dated September 8, 2004 (the "TIA" ). The Applicant shall privately fund all transportation improvements required of this project. 12.2 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation (VDOT) to share 25% of the cost of installation • of a traffic signal at the intersection of Farmington Boulevard and Greenwood Road. Page 3 of 6 n U • • r� • Buh-ber Proper Statement 12.3 The extension of Farmington Boulevard through the project shall be designed � g P 7 g and constructed to include traffic calming measures acceptable to VDOT. 13. ESCALATOR CLAUSE: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as 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 ("CPI-U") published by the United States Department of Labor, such that at the time 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. SIGNATURES APPEAR ON THE FOLLOWING PAGES • • Page 4 of 6 C C� Butcher Proffer Statement • Respectfully submitted, I103 *Ce)WW9 By: Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrume t was ackn wle ed before me this�day o , 2004, by ' ��� My commission expires ZLOD NotaryPublic qTh'i "-4022A2M L' Page 5 of 6 S. • • BUTCHER PROPERTY gilbert w. clifford & associates O a division of o \ GENERALIZED DEVELOPMENT PLAN Patton, Harris, Rust & Associates, pc O O 117 E. Picodipy St. Nrxichesler, Yvgina 22601 FREDERICK COUNIY/RG/NG4 VOICE: (540) 667-2139 FAX: (540) 665-0493 Page 6 of 6 i Li IEIE E FREDERICK COUNTY PLANNiNG & DEVELOPMENT 41 0 .7 • Wzonin2 Comments Frederick County Department of Planning Mail to: Frederick Co. Dept. of Planning Attn: Director of Planning 107 North Kent Street Winchester, VA 22601 (540) 665-6352 Hand deliver to: Frederick Co. Dept. of Planning Attn: Director of Planning Co. Administration Bldg., 4'h Floor 107 North Kent Street Winchester, VA 22601 Butcher Applicant: Please fill out the information as accurately as possible in order to assist the Department of Planning with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name Mailing Address: Location of Property: Gilbert W. Clifford & Assoc., Inc. c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540)667-2139 East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Department of Planning's Comments: Plannings Signature & Date: Notice to Dept. of Planning — Please Return This Form to the Applicant 20 Butcher Property 41 Subject: Butcher Property Date: Wed, 22 Sep 2004 14:24:07 -0400 From: "Lineberry, Ben, PE" <Ben. Lineberry@VD OT.Virginia. gov> To: `CMohn@phra.com` <CMohn@phra.com> CC: "Eric Lawrence (E-mail)" <elawrenc@co.frederick.va.us>, "Ingram, Lloyd" <Lloyd.Ingrain@VDOT.Virginia.gov>, "Lineberry, Ben, PE" <Ben.Lineberry@VDOT. Virginia.gov> The documentation within the application to rezone this property appears to have a measurable impact on Route 656. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the September 7, 2004 rezoning application addresses transportation concerns associated with this request except for Comment 12.2 where the applicant shall enter into a signalization agreement with VDOT to share their prorated portion of the costs of the installation of a traffic signal at the intersection of Farmington Boulevard and Greenwood Road. All other issues are acceptable at this time. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Ben H. Lineberry, Jr., P.E. Assistant Resident Engineer VDOT — Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5605 (540) 984-5607 (fax) 1 of 1 9/22/2004 3:17 PM 0 0 V1 14GF'1VCYCOfMT1VTY 0 0 COUNTY of FREDERICK Department of Public Works 540/665-5643 August 6, 2004 FAX: 540/678-0682 Mr. Charles E. Maddox, Jr., P.E. Vice President Gilbert W. Clifford and Associates, Inc. a division of Patton Harris Rust & Associates, p.c. 117 E. Piccadilly Street Winchester, Virginia 22601 RE: Butcher Rezoning Frederick County, Virginia Dear Chuck: We have completed our review of the proposed Butcher rezoning and offer the following comments: 1) The traffic impact analysis indicates that the proposed project will include 65 single family dwellings. The remainder of the rezoning application including the impact model indicates 70 dwellings. This conflict needs to be corrected accordingly. 2) The discussion of solid waste disposal facilities indicates that the residents will use Frederick County dumpster sites for disposal of solid waste. In all probability, the residents will attempt to use the Greenwood convenience site located adjacent to the proposed project behind the Greenwood Fire Hall. However, the current site has exceeded capacity because of recent development in the Senseny Road/Greenwood Road area. The proposed development on the Butcher property will only serve to further exacerbate the problem. A curbside program implemented by the homeowners' association would be a preferable approach to solid waste disposal to avoid the long lines at the convenience site. I would welcome the opportunity to discuss convenient #2 in greater detail. Sincerely, ,1 Harvey E. S rawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Mark R. Cheran, Interim Zoning and Subdivision Administrator file AAbutcberrezcom.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 0 0 F SEP 1 0 2004 FREDERICK COUNTY LANNING & DEVELOPMENT • August 2, 2004 Mr. Charles E. Maddox Gilbert W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Ll COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 RE: Request for Historic Resources Advisory Board (HRAB) Comments Butcher Rezoning Dear Mr. Maddox: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, aweli"', Candice E. Mills Planner I CEM/bad �/?Qbj 107 North Kent Street • Winchester, Virginia 22601-5000 ���� � 1111 SEP 1 0 t004 ER��DEv0u0PMEN1 PEA_ ���t�G-�''�'... �---` • • Rezoning Comments Butcher Historic Resources Advisory Board Mail to: Frederick County Dept. of Planning & Development 107 N. Kent Street Winchester, VA 22601 (540) 665-5651 Hand deliver to: Frederick County Dept. of Planning & Development Co. Administration Bldg., 4` Floor 107 N. Kent Street Winchester, VA 22601 Applicant: Please fill out the in -formation as accurately as possible in order to assist the Historic Resources Advisory Board with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Mailing Address: Location of Property: Gilbert W. Clifford & Assoc., Inc. c/o C. E. Maddox, Jr. P.E. VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Phone: (540)667-2139 East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Advisory Board Comments: Signature & Date: 02 Notice to Advisory Board — Please Return This Form to the Applicant 8 • • pE�1CK GO OFMEN� FRE & pEVEE �, p•�1V\NG COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSI NER EDINBURG, VA 22824 July 27, 2004 Mr. Charles E. Maddox, Jr., P.E., V.P. G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Ref: Butcher Rezoning Frederick County Dear Chuck: JERRY A. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 The documentation within the application to rezone this property appears to have a measurable impact on Farmington Boulevard and Greenwood Road. These route are the VDOT roadways which has been considered as the access to the property referenced. VDOT is offering the following comments in regards to the rezoning submittal: • The Traffic Impact Analysis has been forward to our District Office for review. Comments will be forthcoming. • The layout for the proposed subdivision as shown on Figure 4, although very preliminary in nature, will require some type of traffic calming measure on Farmington Boulevard. I am providing this comment at this stage of the development approval since it could potentially have an impact on the number of lots in the subdivision. • Please use a growth rate of 5% for the Traffic Impact Analysis (TIA). • It appears you did not include any of the proposed traffic from the development formerly known as Coventry Court Subdivision. • Please include the intersection of Route 657 and 656 in your study area for the TIA. • In your Table II, please label your "Other Developments" with the appropriate name so the number of units can be verified. • On your Figure 6, Trip Distribution Percentages, VDOT does not agree with your percentages showing no traffic heading east on Valley Mill Road. We believe some motorists will in fact utilize this road to access Route 7. VirginiaDOT.org WE KEEP VIRGINIA MOVING D SEP � 0 210� FREDEMy, COUNTY Pl. ANNIN&�EVELOP MENT Mr. Charles E. Maddox, Jr., P. ., V.P. • Ref: Butcher Property July 27, 2004 Paee #2 • There appears to be no transportation proffers in this rezoning submittal although your development is in fact adding traffic to this area. Some suggested proffers could include a contribution to the improvement of Valley Mill Road from the intersection with Greenwood out to Route 7 East. In addition, a contribution could be applied to the reconstruction of the Route 656 South and Route 657 intersection to be aligned with Greenwood Road at the recently reconstructed portion. Lastly a suggested proffer could include a contribution to a future signal at the intersection of Farmington Boulevard and Greenwood Road. • A signalization agreement shall be required for the intersection of Farmington Boulevard and Greenwood Road, Route 656. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Si rely, Ben H. Lineberry, Jr., P.E. Trans. Assistant Resident Engineer BHL/rf Enclosure — Comment Sheet Dr�cE�wE SEP 1 0 1C FREDERICK COUNTY PLANNING & DEVELOPMENT • 0 Rezonim" Continents Butcher Virginia Department of Transportation Mail to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 Hand deliver to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertincnt information. Applicant's Name: Mailing Address Location of Property: Gilbert W. Clifford & Assoc., Inc. c/o C. E. Maddox, Jr. P.E. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540)667-2139 East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Virginia Department of Transportation Comments: . VDOT Signature & Date: Notice to Advisory Board — Please turn This Form to the Applicant 0 F7 I FREDERICK COU- PLANNING & DEVELOPMENT SERVING THE TOP OF VIRGINIA i July 26, 2004 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Chuck Maddox, P.E. Gilbert W. Clifford & Associates 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comments Butcher Property Redbud Magisterial District Dear Mr. Maddox: The above referenced proposal was reviewed. While the proposed development lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan will not impede operations at the Winchester Regional Airport. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director -FFILDERICK COUNTY A"!NJr,!G & n-EVFL0PMjENT Rezoning Comments Butcher Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540) 662-2422 Winchester Regional Airport Band deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport ,vith their rcview. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Mailing Address: Location of Property: Gilbert W. Clifford & Assoc.. Inc. c/o C. E. Maddox, Jr., P.E. VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Phone: (540)667-2139 East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Winchester Regional Airport's Comments Winchester Regional Airport Signature & Dater Notice to Winchester Regional Airport— Please Return This Form to the Applicant 19 0 • FREDERICK COUNTY PLANNIPJG K DEVELOPI�gENT Rezoning Comments Butcher Frederick County Department of Geographic Information Services (GIS) Attn: Marcus Lemasters, GIS Director 107 N. Kent Street Winchester, VA 22601 Applicant: Please till out the information as accurately as possible in order to assist the Department of GIS with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Department of GIS Comments: No comment at this time. Please submit road names for review and approval when they have been determined. GIS Signature & Date: , ��/ O 7_.z1 V Notice to D�, of GIS —,Please Return This Form to tfie Applicant 21 1 FREDERICK COUNTY PLANNING & DEVELOPMENT S • L� Rezoning Comments Butcher Frederick County Department of Parks & Recreation Mail to: Hand deliver to: Frederick County FrederickCounty Dept, of Parks & Recreation Department of Parks-& Recreation IU7North Kent Street Co. AdministrationBldg., 2"dFloor Winchester, VA 22601 107 North Kent Street (540) 665-5678 Winchester, VA 22601 Applicant's Name: Gilbert- W. Clifford & Assoc.. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddb Jr. P.E. VP 117 E. Piccadilly Street. Suite 200. Winchester. VA 22601 Location of Property: Fast of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: — Acreage: j Dept. of Parks & Recreation Commentr. The xlirrher Property: resorting- application- appears- to have addressed the open - space requirements and offers a monetary proffer to 4teip offset the demand for leisure services which-willbe created -by -this development. Signature & Date: � j� 7T L_ d��ifr1 7 / 21 / 04 Notice -to -De -ofilarks-& Recreatian�= Please Return'Phis-Form to the Applicant 12 rE (IOU"' u EOPMENT -L 0 D LA 01-4 0LO 13 G (_ 55 - n -a 00 Rezoning Comments Butcher Frederick — Winchester Health Department Mail to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Applicant: Please fill out the information as accurately as possible in order to assist the Frederick - Winchester Health Department with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name Mailing Address: Location of Property: Gilbert W. Clifford & Assoc., lnc. c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: 540 667-2139 East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Frederick — Winchester Health Department's Comments: 77X-t htalAarluco , DM.OQ.S� ( � .l s oT rl oe In ct C o� �i � .0 �i:r Aic 9 e-r y Da Sx d wzll.4 ar Signature & Date: Notice to I ealth Department — Please Return This Form to the Applicant 15 0 • nD I RF FREDEMCK COUNTY PL.AW INN & DEVELOPMENT Rezoning Comments Butcher Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 Applicant:. Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Mailing Address: Location of Property: Gilbert W. Clifford & Assoc., Inc. c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540)667-2139 East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Fred -Wine Service Authority's Comments: _no GowtN d'S Fred-Winc Service A rity's.. Signature & Date: U.AA..- 1 Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant 21 FREDERICK COUNTY PLANNING & DEVELOPMENT Fredefck County Publi*Schools p. t�� cn,ur�� �:fil tt.t�lt�rti�� �tr1 �_� ;t:c�lt��r it c'tat_ar.tfLiun Administrative Assistant to the Superintendent July 12, 2004 Chuck Maddox, P.E. Gilbert W. Clifford & Assoc., Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Butcher Rezoning Dear Mr. Maddox: Steve Kapocsi kapocsis@frederick.k12.va.us This letter is in response to your request for comments concerning the rezoning application for the proposed Butcher rezoning project. Based on the information provided, it is anticipated that t he proposed 70 single f amily homes, will yield 12 high school students, 10 middle school students, and 28 elementary school students for a total of 50 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Respectfully Yours, Steve apocsi Assistant Superintendent For Administration Copy: William C. Dean, Ph. D., Superintendent of Schools Al Orndorff, Assistant Superintendent for Administration 1415 Amherst Street www.frederick.kl2.va.us 540-662-3889 ext. 112 P.O. Box 3508 540-545-2439 Winchester, Virginia 22604-2546 540-662-3890 fax �D 7L� d,. S EP 1 0 _2004 PLANNENG &)ODEV� OPMENT n U • Rezoning Comments Butcher Mail to: Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540)665-6350 Frederick County Fire Marshal Hand deliver to: Frederick Co. Fire & Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., 1"Floor 107 N. Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, Proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Mailing Address: Location of Property: Gilbert W. Clifford & Assoc. Inc. c/o C. E. Maddox, Jr., P.E. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540)667-2139 East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Fire Marshal's Comments: Fire Marshal's Signature & Date Notice to Marshal — Please Re tu This Form to the Applicant 0 • U S V 1004 PLAREDERICK COUNTY �� G & DEVELOP MENT �tca o w c a w x W y Iw "4 VIRGINIA Control number RZ04-0012 Project Name Butcher Property Rezoning Address 117 E.Piccadilly Street Suite 200 Type Application Rezoning Current Zoning RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed 7/7/2004 7/9/2004 Applicant G.W.Clifford & Associates City State Zip Winchester VA 22601 Tax ID Number Fire District 55-A-200 18 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Date Revised Applicant Phone 540-667-2139 Rescue District 18 Election District Shawnee Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No Emergency Vehicle Access Comments Municipal water supplies for firefighting shall meet the requirements of Frederick County Code section 90-4 Access Comments Fire hydrants shall be located within 3 feet of the curb and landscaping shall not interfer with it's operation. Additional Comments No additional concerns over the rezoning proposal. Plan Approval Recommended Reviewed By Yes Timothy L. Welsh Signature Title FIRE MARSHAL, FREDERICK COLWff r 1 0 loop , FREDERICK COUNTY PLANNIPJG &DEVELOPMENT Rezoning Comments Butcher Frederick County Sanitation Authority Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA Applicant: Please fill out the infor111ation as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Mailing Address Location of Property: Gilbert W. Clifford & Assoc.. Inc. c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540)667-2139 East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Sanitation Authority Comments: /W Sanitation Authority Signature & Date: Notice to Sanitation Aut ty — Please Return This Form to the Applicant 14 0 • C S E P 1 0 2004 FREDERICK COUNTY PLANNING & DEVELOPMENT EC �E • [n ni COUNTY of FREDERICK i Department of Public Works 540/665-5643 FREDERICK COUNTY ugust 6, 2004 FAX: 540/678-0682 PLANNING & DEVELOPMENT Mr. Charles E. Maddox, Jr., P.E. Vice President Gilbert W. Clifford and Associates, Inc. a division of Patton Harris Rust & Associates, p.c. 117 E. Piccadilly Street Winchester, Virginia 22601 RE: Butcher Rezoning Frederick County, Virginia Dear Chuck: We have completed our review of the proposed Butcher rezoning and offer the following comments: 1) The traffic impact analysis indicates that the proposed project will include 65 single family dwellings. The remainder of the rezoning application including the impact model indicates 70 dwellings. This conflict needs to be corrected accordingly. 2) The discussion of solid waste disposal facilities indicates that the residents will use Frederick County dumpster sites for disposal of solid waste. In all probability, the residents will attempt to use the Greenwood convenience site located adjacent to the proposed project behind the Greenwood Fire Hall. However, the current site has exceeded capacity because of recent development in the Senseny Road/Greenwood Road area. The proposed development on the Butcher property will only serve to further exacerbate the problem. A curbside program implemented by the homeowners' association would be a preferable approach to solid waste disposal to avoid the long lines at the convenience site. I would welcome the opportunity to discuss continent #2 in greater detail. Sincerely, Harvey E. S rawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Mark R. Cheran, Interim Zoning and Subdivision Administrator file AAbutcherremom.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 III lffp 4CT"AL- rsis Butcher Impact Analysis Statement III. Impact Analysis A. Site Background and History The Butcher property consists of 29.9891 acres of land located within the UDA east of Greenwood Road within the Red Bud magisterial district. The site is adjacent to the built out Briarwood Estates subdivision, and is accessed via Farmington Boulevard. Prior use of the site was as a single family residence that is now vacant. The site is located in an actively developing residential area wherein public facilities have been installed through prior development and are readily available for extension into the site. Available facilities include water and sewer lines, road infrastructure, and regional stormwater management. The requested rezoning from RA (Rural Areas) to RP (Residential Performance) will enable continued development within the UDA in accord with the Comprehensive Policy Plan. The rezoning will serve to integrate the site with the surrounding community, which has already undergone the transition from the historical pattern of low density residential land uses to the suburban intensities envisioned by policy. The final plat is shown as Figurel. • 0 D� SEP 1 0 200� PLANS--� (R/W VARIES) • C1 ROUTEW56 — N GREENWOOD ROAD IRS IRS a Z X J N N O P1tVA(m I J� TRACT II \ n 0.1943 Ac. i �o i .�• v o cyoK J�) BETTIE E. WINSLOW D.B. 461, PG. 645 i -tw w T.M. 55—((A))-184 zco rn \ S311 490843"W o�� IRS IRFI/' IRF/ STONE N 31 '49'43"E FOUND Z w CAI Oo IN O m m z m m n z 0 v rn 8" LOCUST KOK TRACT 1 29.9891 Ac. BRIA466D-j I' - ESTATES z I I au 1185.08' IRS _ S35'18'07"W �— FIRE FFENC-E' (BEAN E� 5j 1166.60' —' ORRICK CEMETERY COMPANY, INC. � D.B. 337, PG. 179 T.M. 55-((A))-201 400 T ( 32 cn v - ---m- T' LOT n to , Zj 33 0 v D, LOT -_N_ 34 N � � LOT---- c� 35 LOT � 361 -. �2vG!T � m v tts D LOT m 117 O LOT Z RS 118 rn LOT � 119 BOUNDARY SURVEY OF THE PROPERTY OF JAMES E. & ARDEYTH 0. BUTCHER D.B. 810, PG. 1279 RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY,VIRGINIA SCALE: 1" a200' DATE: FEBRUARY 2, 2004 D002342 gilbert w. Clifford &associates A olvlsloN of PATTON HARRIS RUST &ASSOCIATES A PROFESSIONALCORPORATION NSULTING ENGINEERING -LAND SURVEYING -PLANNING 17 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22801 (540) 887-2139 curry o nc 0 nYC E SEP 1 0 2004 L FRED IER CK COUNTY NNING &DEVELOPMENT VALL +56 SITE `—Rojo VICINITY MAP 1 "=1, 500' Is NOTES: 1. THE PROPERTIES SHOWN ON THIS PLAT ARE LOCATED ON ASSESSMENT MAP 55—((A))-200 AND ARE NOW IN THE NAME OF JAMES E. & ARDEYH 0. BUTCHER PER DEED RECORDED AT DEED BOOK 810 AT PAGE 1279 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 2. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOT THEREFORE NECESSARILY INDICATE ALL ENCUMBRANCES AND RESTRICTIVE COVENANTS ON THE PROPERTY. 3. THIS SURVEY IS BASED ON A CURRENT FIELD SURVEY. 4. THE EXISTENCE OF VEGETATED OR TIDAL WETLANDS WAS NEITHER INVESTIGATES NOR CONFIRMED DURING THE PERFORMANCE OF THIS SURVEY BY THIS FIRM. 5. IRF DENOTES REBAR FOUND 6. IRS DENOTES REBAR TO BE SET CURVE TABLE CURVE DELTA RADIUS I LENGTH TANGENT BEARING CHORD Cl 1-16'23" 547.96 1 12.18 6.09 N21'38'21"E 12.18 BOUNDARY SURVEY OF THE PROPERTY OF JAMES E. & ARDEYTH 0. BUTCHER D.B. 810, PG. 1279 RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS NOTED DATE: FEBRUARY 2, 2004 D1005342 gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING — LAND SURVEYING — PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 1 OF 9 E E E SEP 1 0 ?004 FR pERICK COUNTY PLANNING & DEVELOPMENT 0 • Butcher Impact Analysis Statement B. Location and Access The Butcher property is located east of Greenwood Road and south and adjacent to the Briarwood Estates subdivision. Access is provided from Greenwood Road by Farmington Boulevard, a minor collector roadway, which extends through Briarwood Estates - Section 1 to the west property boundary. Farmington Boulevard is intended to extend through the Butcher property providing internal project access as well as interparcel connections. The planned extension of Farmington Boulevard through the Butcher property will facilitate its ultimate connection with Channing Drive. This connection will be completed through development of an adjoining tract and result in a minor collector route parallel with Senseny Road that is included in the Eastern Road Plan. (See Figure 2) 0 0 u'LkFREqERICK COUNTY PL _ -Op ENT fir.•,.. _ Alp, Sh • 14 ;' °'' '� ' e . �� � � .� ' , I . Y �y Esrorea'^ • 1'1E �f � '� (' � � raa t� � IV.� r. \ fir? . ; ; t h^"�'•� t,. /�, i l � .: ..�� .':�' 4.r , `M o Jew l •`� R'� ::, � ,.. 4, t p a, ---� � fTnr i � !•r ,fit �,�, _ • Al Nr rAF .. 4� ;`X G. .�, � Ix ! •, `=wA„7rrS,��,, ^••e.,.. S�Oj�sB y R , ' '�'�►. . ��� �� � w . �—" '► 711,,E �` �5 `i'\ �� ► ; ��'�1 :y ti<�F--_d.x,_'.f�'C � .a.: _� —� �� �i`. W� �.` 5 �.. { ![ t iaY?' �,.;�/f`. T.k�` is BUTCHER PROPERTY gilbert w. Clifford & associates a division of 0 o LOCATION MAP Patton, Harris, Rust & Associates, pc 117 L Picodill St. Windwster, Wginio 22601 FREDERTCK COUNTY, WRC/N/A V1710E (540) 667-2139 FAX: (540) 665-0493 FIGURE 2 v D FREDERICK COUNTY PLANNING Butcher E Impact Analysis Statement C. Site Suitability The site does not contain conditions that would preclude or substantially hinder development activities. The following table provides an area summary of environmental features: Butcher Property Environmental Features Total Project Area 29.99 Acres Area in Flood Plain 0.00 Acres 0% Area in Steep Slopes 0.00 Acres 0% Area in Wetlands 0.9 Acres 3% Lakes & Ponds 0.00 Acres 0% The General Soil Map of the Soil Survey of Frederick CounWy Virginia indicates that the soils comprising the subject parcels fall under the Weikert-Berks-Blairton soil association, with the particular geology being Martinsburg shale. Such geology is prevalent on land located east of Interstate 81 and is not identified as prime farmland. The site is predominantly wooded and no history of agricultural use has been identified. Site elevations range from a high of 877 feet above sea level to a low of 838 feet above sea level with slopes ranging from 3% to 20%. A central intermittent stream channel bisects the site from south to north draining through the Briarwood Estates and Carlisle Heights subdivisions with confluence to Abrams Creek. Riparian buffers required by ordinance will be preserved on either side of the stream channel. A small area of wetlands has been identified on the site coincident with the path of the intermittent stream channel. Water and sanitary sewer facilities are available via the Briarwood Subdivision and have been sized to accommodate additional development. The site is ideally suited for use as a single family detached subdivision similar in density to the surrounding area. The following exhibits show the zoning context for the property (Figure 3), the characteristics of the site (Figure 4), and the proposed Generalized Development Plan (GDP) for the project (Figure 5). v � I D S.r �, 1 „ - FREDER�ODEV�LO�'MENT _ PLANN� & ----�- /1 ,13 _ ^• 420 lu ¢ � •�` fo t "" t II 1 BUTCHER lop r n r f r ���� • � �`PROPERTY - WA' •s •tij f - - 4 I �I Sill t #A BUTCHER PROPERTY giibert w. Clifford &associates O a division of ZONING CONTEXT Patton, Harris, Rust & Associates, pc 117 E. Picadlly St. Winchester, 'Arginio 22601 FREDER/CK COUNTY, KRUM VOICE: (540) 667-2139 FAX: (540) 665-0493 FIGURE J rWE 2004 FREDERICK COUNTY PI ANNING & DEVELOPMENT s� r BUTCHER PROPERTY gilbert. w. clifford & associates 11, O o C'msbn of SITE CHARACTERISTICS Patton, Harris, Rust & Associates, pc J \ 117 E. f ko* St vmhester, Yr*k 22601 O Qi FREDER/CK COUNTY, V1RC/N!A VOICE: (540) 667-2139 FAX: (540) 665-0493 FIGURE 4 FREDERICK COUNTY ANWINlr, & DEVELOPMENT FIGURE 5 • 1 p 2004 Butcher Impact Analysis Statement D. Traffic A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. Using traffic generation figures from the_I.T.E. Trip Generation Manual 7`" Edition, the TIA projects that the proposed development will produce 690 vehicle trips per day (VPD). The TIA further indicates that study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions. The TIA reveals modest peak hour delays at the Greenwood Road (Route 656) intersections with Valley Mill Road (Route 659) and Senseny Road (Route 657), which are attributable to anticipated background traffic growth. Farmington Boulevard will provide access to the project from Greenwood Road and will be extended by the applicant through the project to the east boundary. Construction of Farmington Boulevard will include traffic calming measures (such as "chokers") to enhance traffic control and improve safety for residents along the roadway. A system of local streets connecting with Farmington Boulevard will provide a satisfactory and manageable internal transportation system for the development. From a regional perspective, construction of the segment of Farmington Boulevard through the Butcher Property furthers implementation of the transportation improvements outlined by the Eastern Road Plan. The extension of Farmington Boulevard to its ultimate connection with Charming Drive will complete a minor collector route parallel to Senseny Road that will contribute to improved traffic conditions in the area. As currently aligned, Farmington Boulevard intersects with Greenwood Road opposite the planned location of Abrams Pointe Boulevard, which will serve as the primary access for the yet to be developed Abrams Pointe project to the west. This intersection will ultimately be signalized when warranted by VDOT, with the Abrams Pointe development already committed to sharing 50% of the cost. The applicant has proffered to enter into a signalization agreement with VDOT to contribute 25% of the cost of signal installation. 1 0 2004 FREDERICK COUNTY PLANNING & DEVELOPMENT 10 • A Traffic Impact Analysis of the Butcher Property Located in: Frederick County, Virginia Prepared for: Dave Holliday 205 North Cameron Street Winchester, VA 22601 Prepared by: Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners. Landscape Architects. P 208 Church Street, SE Leesburg, Virginia 20175 + T 703.777.3616 H F 703.777.3725 September 8, 2004 (Original Submission: June 14, 2004) FREDERICK COUNTY PLANNING .&.DEV.lF,lL.0JoPAF,NT.- OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Butcher Property to be located at the end of Farmington Boulevard, east of Greenwood Road (Route 656), in Frederick County, Virginia. The proposed project will include a total of 69 residential units with sole access provided via Farmington Boulevard. Built -out will occur over a single phase by the year 2008. PHR+A has provided Figure 1 to illustrate the location of the Butcher Property with respect to the surrounding roadway network. The study area encompasses Greenwood Road from Valley Mill Road (Route 659) to Route 657. Methodology The traffic impacts accompanying the Butcher Property site were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of the Butcher Property trip generation, • Distribution and assignment of the Butcher Property generated trips onto the completed road network, • Analysis of capacity and levels of service using the newest version of the highway capacity software, HCS-2000, for existing and future conditions. EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersections of Greenwood Road / Valley Mill Road and Greenwood Road/ Route 657. In order to determine the ADT (Average Daily Traffic) along the study area roadway links, a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 10% was assumed. Existing traffic volumes were obtained along Farmington Boulevard (Briarwood Subdivision Estates) based upon trip generation results for 88 existing single family detached residential units as calculated using the 7`h Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 1 is provided to show the existing trip generation results along Farmington Boulevard. All count data are provided in the appendix section of this report. A Traffic Impact Analysis of the Butcher Property PH R+ l September 8, 2004 Page 1 0 S E P 1 0 ?004 FREDERICK COUNTY PLANNING & DEVELOPMENT No Scale Rd CeJ .� a PT .D+ it M Figure 1 PHRA t Rd IN, - r� Q SITE Butcher Property Vicinitv Man A Traffic Impact Analysis of the Butcher Property September 8, 2004 Page 2 1�i n r ICK COUNTY & �E``ELOPMENT Table 1 Existing Land Uses along Farmington Boulevard Trip Generation Summary AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 210 Single -Family Detached 88 units 18 53 71 61 34 96 880 Total 18 53 71 61 34 96 880 Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 3 shows the respective existing lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. 2008 BACKGROUND CONDITIONS PHR+A increased the existing traffic volumes along Greenwood Road, Route 657 and Valley Mill Road (west of Greenwood Road) using a conservative growth rate of five percent (5%) per year through Year 2008. Additionally, all trips relating to specific future "other developments" located along Channing Drive and Valley Mill Road were included. The following approved, but not yet completed, "other developments" were considered: • Toll Brothers; • Channing Drive Residential; • Giles Farm; • Fieldstone; • Abram's Pointe (Including Coventry Court Subdivision). Note: Coventry Court trips combined with Abrams Point are consistent with the revised Master Development Plan. A Traffic Impact Analysis of the Butcher Property PH 1 \l l September 8, 2004 Page 3 -1 FREDERICK COUNTY PLANNING & DEVELOPMENT K No Scale Vai/ey�jil� JjI �71(31) (41)18 y 8(59) �Z(4 j (245) s ~ A ) '1 659 e� �c 01 ao- h` 37(2q) 16(10) Bou/eyard SITE 656 q— �C 00 00 "ro o `. eq go a t L 48(72) 4-.192(144) 657 W— 9(37) senseny Road (179)75.J jMIN (371)73�► ` (49)39—% a V�ajl'J J ./ AM Peak llour(P11 Peak Hour) Lp� R+A Average Daily Trips 1 f- Figure 2 Existing 'Traffic Conditions A Traffic Impact Analysis of the Butcher Property PH 1 + l September 8, 2004 Page 4 FREDERIu, PLANNING 1 No Scale TAT TR+ r` Figure 3 Unsignalized Valle Intersection yMig Road C(F)" •I �I&M Unsignalized Intersection 656 m �r Signalized Intersection LOS = C(B) SITE 657 659 *Denotes Critical Unsignalized Movement AM Peak Hour(PM Peak Hour) Existing Lane Geometry and Levels of Service A Traffic Impact Analysis of the Butcher Property September 8, 2004 PR-A H Page 5 FP 1 0 2004 FREDERICK COUNTY PLANNING & DEVELOPMENT Based upon the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Table 2 to summarize the 2008 "other developments" trip generation. Table 2 "Other Developments" along Valley Mill Road/Channing Road Trip Generation Summary Code Land Use Amount A111 Peak Hour In Out Total PM Peak Hour In Out Total AD1 210 Single -Family Detached 1,164 units 206 618 824 627 353 980 11,640 230 TownhouseXondo 207 units 15 76 91 75 37 112 1,801 820 Retail 120,000 SF 109 69 178 340 368 708 7,665 Total 330 763 1,093 1,042 758 1,800 21405 The total 2008 background conditions were determined by summating the existing traffic volumes, the annual growth through 2008 and the "other developments" (Table 2) trip assignments. Figure 4 shows the 2008 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 5 shows the corresponding 2008 background lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. A Traffic Impact Analysis of the Butcher Property PHRA September 8, 2004 Page 6 D sFP � 10 ?004 F /'CAwG 8 nK,�UUn�T,. -,�4� N alleYlyillR '., O O N �' q No Scale oad fl �I�3q(3gl) , � q(I33 (52)7q 0 78)62 V 79(52) ) (313)96 ft-► j � • 659 r'" � o ti a �- o D4 boo �c qo1 C�� 37(2q) r 16(1 0) Fa. n n � U/ei2Ud `'1bry SITE 656 a1;.. N N 00 M e4 n L 61(92) t 4—245(184) 657 ♦ T 11(47) Sensen Road (228)96—J' IBM (474)93 ---► (63)50 —% s Anl Peak Hour(I'M Peak [four) -PT Try+nAverage, aily Trips Figure 4 2008 Background Traffic Conditions A Traffic Impact Analysis of the Butcher Property R+A September 8, 2004 PH Page 7 0 • rE 0 V '] 1 0 2004 FREDERICK COUNTY PLANNING & DEVELOPMENT No Scale PT TR+ _1--r- Figure 5 VaUeYMSignalized iURoad a� Intersection LOS = C(D) D(D) v 4� a F�ml�Btop eo Unsignalized °�e�ard Intersection SITE 656 r 657 (C)C Signalized _ Intersection LOS = C(C) 659 *Denotes Critical Unsignalized Movement AM Peak Hour(PM Peak Hour) 2008 Background Lane Geometry and Levels of Service A Traffic Impact Analysis of the Butcher Property September 8, 2004 Page 8 SEP 10 2004 °�A,�RI�YI°G &I�EV o�NTV PROPOSED TRIP GENERATION The total trips produced by and attracted to the Butcher Property were established using equations and rates provided in the 7th. Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 3 shows the trip generation results for the proposed Butcher Property site. Table 3 Butcher Property Trip Generation Summary AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 210 Single -Family Detached 69 units 14 43 58 48 28 77 690 Total 14 43 58 48 28 77 690 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. Figure 6 represents the distribution percentages for trips produced by and attracted to the Butcher Property development. Figure 7 shows the respective development -generated AM/PM peak hour trips and ADT assignments at key locations within the study area. 2008 BUILD -OUT CONDITIONS The Butcher Property assigned trips (Figure 7) were added to the 2008 background traffic volumes (Figure 4) to obtain 2008 build -out conditions. Figure 8 shows the 2008 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 9 shows the respective 2008 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. CONCLUSION The traffic impacts associated with the Butcher Property development are acceptable and manageable. All study area intersections will maintain acceptable overall levels of service "D" or better for 2008 build -out conditions. The intersection of Greenwood Road / Valley Mill Road will require traffic signalization, however, this will be required with or without the proposed development. A Traffic Impact Analysis of the Butcher Property PHR, September 8, 2 e 9 Page 9 No Scale I I I Valle Road 659 I 1 0 3° a'4 F�m'ngron Sou/et'ard SITE 656 I Senseny Road 657 ( I I I I 1 Figure 6 Trip Distribution Percentages PHRA A Traffic Impact Analysis or the butcner rroperty September 8, 2004 Page 10 • 0 No Scale :r Figure 7 Palley Mill �' (5)2 b� 0 �o ¢4 Y� 2q(1� 1803) Von SITE .,6., •o o, v %-1(5) 657 (7)2- Road 659 AM Peak Hour(PM Peak Hour) 11 1i Development -Generated Trip Assignments A Traffic Impact Analysis of the Butcher Property September 8, 2004 Page 11 0 0 No Scale a/leyM�//Road 00 %-.. 434(3g1) U8)62y r 8p� S)3� (I8)g8ft* h � � ' 659 q M � �o oa 3° e� 01 �So � 4(23 ) Y /) F�nSton � ti ti 8ou/e��ard SITE 656 r4 M o % .63(97) l°O 4.245(184) d— 11(47) SensenY Road 657 (236)98.J ' (474)93—+ r (63)50-"% J Gr'✓ AM Peak Hour(PM Peak Hour) nT TP-�nAverage Daily Trips __ nw Figure 8 2008 Build -out Traffic Conditions A Traffic Impact Analysis of the Butcher Property P A 12 September 8, 20 HPage 12 • all, Signalized o Signalized No Scale ti/;!lRoad = Intersection LOS = C(D) D(D) 659 j I3lC� Fam�iegron 8oUle Unsignalized Intersection SITE 656 Senseny Road r 657 n Signalized 2 Intersection LOS = QQ *Denotes Critical Unsignalized Movement I T TRH'/ /� \ AM Peak Hour(PM Peak Hour) _ lam`, Figure 9 2008 Build -out Lane Geometry and Levels of Service R+A A Traffic Impact Analysis of the Butcher Property P September 8, 2004 H Page 13 SEP 1 p 2004 D FREDERICK COUNTY PLANNING & DEVELOPMENT • APPENDIX 0 HCS-2000 Worksheets 0 Traffic Counts Butcher Impact Analysis Statement E. Sewage Conveyance and Water Supply Gravity sewer of adequate size (8") will be extended from the complete Briarwood system to the north. An 8" water main will be extended from Farmington Blvd to the west and terminate at the east property line providing for future extension and looping with the Channing Drive system. A network of local piping systems will connect to these existing facilities to provide service to the individual lots (see Figure 6). A maximum of 69 single family homes will be served thus creating a demand for water and discharge for sewer of approximately 13,800 gpd. All facilities will meet FCSA requirements for ownership by the agency. U E c E � U E S E P 1 0 2004 FREDERICK COUNTY PLANNING & DEVELOPMENT FIGURE 6 • • F P 1 U 2004 FREDERICK COUNTY PLANNING & DEVELOPMFNT Butcher Impact Analysis Statement F. Site Drainage Site drainage collects and leaves the site to the north via the intermittent stream channel. It is anticipated that low impact development techniques together with good erosion control practice will mitigate adverse stormwater discharge impacts. The preservation of riparian buffers containing mature woodlands will provide significant mitigation of nutrient losses. Actual specification of temporary and permanent facilities will be provided with final engineering and will comply with all County, State and Federal regulations. Street drainage will be provided by an enclosed storm sewer pursuant to VDOT standards. Special emphasis will be made to protect the stream channel through application of passive stormwater mitigation techniques. Figure 7 depicts the stormwater management plan for the Butcher site. E � U D ,n(JQ FiFDERICK COUNTY DFVEL� OP TENT FIGURE 7 I� E D r 1 2004 �... FREDERICK COUNTY PLANNING & DEVELOPMENT Butcher Impact Analysis Statement G. Solid Waste Disposal Facilities The 69 single family detached lots will produce approximately 12 lbs. of solid waste per day for a total of 828 lbs. per day (.41 T/day) for the project. Solid waste from the project will be deposited in the Frederick County landfill following collection at citizen convenience/dumpster facilities or via private carrier(s) contracted by neighborhood residents. D 2004 FRED ERICK COUNTY PLANNING &DEVELOPMENT Butcher • • Impact Analysis Statement H. Historic Sites and Structures There are no historic sites or structures impacted by this rezoning. L R r ' p 1 0 2004 FREDERICK COUNTY PLANNING &DEVELOPMENT Butcher Impact Analysis Statement I. Impact on Community Facilities The Frederick County Fiscal Impact Model was run by the county staff to reflect individual and collective fiscal impacts on community facilities. The applicant has offered per unit monetary contributions with the proffer statement equivalent to the calculated impacts to mitigate the effects on Frederick County. Specifically, the applicant has proffered to contribute $10,206 per unit at the time of building permit issuance. The total contribution is proffered to be allocated as follows: ■ Fire and Rescue: $889.00 per unit ■ Public Schools: $7,571.00 per unit ■ Recreation & Parks: $1,288.00 per unit ■ Library: $213.00 per unit ■ Sheriff's Office: $42.00 per unit ■ Administration: $203.00 per unit TOTAL: $10,206 per unit An escalator clause is included with the proffer statement to mitigate the effects of inflation on the value of the proffered monetary contributions. This provision stipulates that any monetary contributions proffered by the applicant that are paid after 30 months from the date of rezoning approval will be adjusted pursuant to the Urban Consumer Price Index (CPI-U). 0 • 2004 FR p RISK COUNTY PLANNING &DEVELOPMENT VtAr FREDERICA "COU,IVTFIMP, 4CT MODEL im m CV m W Q tZ OUTPUT MODULE APPLICAMf Bukher 7racl LAND USE TYPE RP REAL EST VAL $9,177 003 FIRE 8 RESCUE = 4 Foe and Rescue Department Elementary Schools Wile Schools High Schools Parks and Recrealion Public Library Sheriffs Offices Administration Building Other Miscellaneous FaG6bes SUBTOTAL LESS. NET FISCAL IMPACT NET CAP FACILITIES IMPACT Net Fiscal Impau Costs of Impacl Credit. Required (entered in Ca0al Facilities ccl sum only) $62,202 $300,138 $176.554 $258.826 $107.450 $18,680 $11,056 $14,148 $16,101 $967,197 $0 Credits to be Taken for Future Takes Paid rNPV) Total Potential Adjustment Fm Cur. Budget Cur. Budget Cap- Future CIP/ Tax Credits Revenue Nei Capital Net Cost Per Over Cao Eno ExpendlDebt S. Taxes. Other IUnadiusledl Cost Balance Facilities Impact Dwelling Unit $0 s0 S62,202 $889 $49.109 $238.393 S287,502 S2D5,545 $529,975 $7,571 $24,216 $24.216 $17,313 $90.137 $1.288 $5,224 S5,2.24 $3,735 $14.945 $213 $9,059 $0 $2,258 $11,317 $8,091 $2.965 $42 $0 $0 $0 $14.186 $203 $17,455 $19,272 $36.727 $26.257 $0 $U $76,623 $257,665 $31,698 $364,985 $260,�41 $706,255 $10,089 s0 $0 so s0 $7 6.255 $10,069 INDEX: "1 0' If Cap Equip Included 1 a INDEk "1 0" if Rev-Usl Sal, `0.0- if Ratio to Co Avg 0.0 Rev-Cosl gal = 0,533 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Go Avg: 0 715 14ETHODOLOGY 1, Capital facirdies requirements are Input to the first column as calmlaled in the model. 2 Net Fiscal Impact NPV from operations ealuAations is mpul in rmv total of second column (Zero if negative): included are the one-time Iaxesmees for one year only of full value 3. NPV Of future oiler cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future Capital expiwiliture taxes paid in fourth col as calculated in fiscal impacts. 5 NPV of future taxes paid to bring current cdurity up to standard foe new fiul4les, as calculated for each new facility. 6. Columns three through five are added as potential credits againsl the caWaled capital facilities requirements. These are adjusted for perlenl of LOWS covered by the revenues from the project (actual, or as ratio to avg for an naadential development). NOTE: Proffer calculations do riot include include merest bemuse Ihey are cash payments up front Credits do include interest if the projects are debt financed NOTES. Model Run Date 06122J04 CMM Project Description: Assumes 70 single family detached dwellings on 29.99 acres zoned RP District (PIN 55•A-200). Due to changing conditions associated with development hn the County, the results of this Dtnput Module may not be valid beyond a period of 90 days from the model run date. • D� ��� � C SAP 1 � 2004 ERICK COONTY FRN`�G � pEVELOPMENS- p�AN 0 IR V71 SURVEFP1,4r'(f- DEED IS E P 1 0 2004 D PLANNEf�G &C EVE mw (R/W VARIES) , Cl ROUTE 656 — GREENWOOD i 'IRS IRS co Cn v P Ln �7 J C) N 0 �0��� W�1I ull � sl NI I m Jm� TRACT II 0.1943 Ac. N .J� o'D- rn BETTIE E. WINSLOW VII zwll D.B. 461, PG. 645 �W W T.M. 55-((A))-184 z �D C7 °' S31'49'43"W 11.08' _T IRS sE STONE N 31 '49' 43"E FOUND I z CO �-IN C" IV C TRACT I 29.9891 Ac. rm D Z m A 0 v rn J ROAD � j I I ••� BRIA,�W006— _ E�gTATES f --1 - ! \ z W. -- w / � r o /LOT 9 o 1185.08' 88" LOCUST S35'18'07"W - RE FFENC" 1166.60' MEANE ORRICK CEMETERY COMPANY, INC X D.B. 337. PG, 179 T.M. 55-((A))-201 0 200 400 1"=200' / LOT 8 !LOT 7 ! o [Rd IRF o IRS I LOT m 30 LOT IRF31 N LOT i 32 -m- cn z' 33 -_1 - o vU. LOT -N- m 34 N I LOT I IL�35----- LOT IQe�Q� Co . I � D, i o' m SOT (n >>5 y o m _ LOT �N 1116LOT m 2 N 1117 0 - - i LOT Z RS 118 _ m IRF' LOT �119 I � BOUNDARY SURVEY OF THE PROPERTY OF OF JAMES E. & ARDEYTH 0. BUTCHER �P1,TH D D.B. 810, PG. 1279 r�� RED BUD MAGISTERIAL DISTRICT i FREDERICK COUNTY, VIRGINIA RANDY A. STONERS SCALE: 1" = 200' DATE: FEBRUARY 2. 2004 a No. 002342 gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION Cq� 04 CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. SU� PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 _ _ 004 FREDERICK COUNTY PLANNIP!G & DEVELOPMENT a Uo,bro a nKo i u��ro o u •i -C \ \ This Deed Is Redo and data thin 1` day of-b"mW\Am,," \ \ 1993. by CMtOl, H. SHOUp, tut ao1m, party of the first part, Grantor herein, and JAMES 6. WrCHRA and AADEYTH d, BUTCHER, hln wife, parties of the second part, Grantees herein. NITWESSETH: That for and in consideration of the sun of Ten Dollars (Slo.00), cash in hand paid, and other good and valuable onsideration, the receipt of all of which is hereby SCWWW16696d. the Grantor does hereby grant and convey, with general warranty of title, unto the Grantees, in fee Dimple, as tenants by the entirety, with right of survivorship as if common 2 law, all of those two (2) oertsin tracts of land, together with the rights. privileges. iRprovemsnta and appurtenances thereunto bsloepleg. located about three (3) Riles eat of Winchester, in Shown" Magisterial District, rrederick County, Virginia, lying a short weY north of Seneeny Road and east of Greenwood Road, described as follows: Tract I wan deecr l bead by Wed or Record in the Office of the Clerk of the Circuit Court of Pr*derlck County. vlrglnis, In Deed nook 129 et Pe" 140 &a containing twnty-nine (29) acres, two (2) roods and sighteen (1s) poles send doom Lbed by Deed dated March 6, 1915, of r OOrd In the aforesaid Clerk's offloe in Deed Rook 137 at Pace 364 as adjoining the lands of Ebs`r"I0, Teter Hamm, and James Ferguson. Treat 11 !s described by 00" dated July 26, 1902, of rsoord In the aforesaid Clerk's of[Loe in 00" nook 122 at Pegs 917 as be9letetiRq at a point in a road leading frog the nsrryvllle Turnpike to Senseny Roed in the ltete of the land of James Ferguson, thence In rerg►em 's line east seven hundred eighty- seveet send one -ha 1 f (74 7 1/2) foot to Tract I abovw, thsnos In 11" of Tract I above north twe 1 ve (12) toot tc the line of the 1 and of Sara J. Ebersole, thence welt In said Ebersole's line seven hundred eighty-seven and OrP0-h4lf (747 1/2) feet to said road, thence In line with said road south twslvs (12) feet to the plans of beginning (serving as a means on Ingress and egress from the aforesaid road to Tract 1). ThO aforesaid ttaets of land are the some lane] conveyed to the Grantor as tA2", by Dead dated October 1), 10,, rrom Uward T. Shoup, a", of record In the aforesaid Clerk's office In (Deed book 4411 at Page 650, and it is Alao the same land that was the subject of the Contract of Sale from the clrant(,r to the Grentess. date November 21, 1977, and recorded In the aforesaid Clerk's Office in Deed book 534, Page 191. Reference in made to I fall of the eforesald records for a further and more particular (description of the property hereby conveyed and a further jderivation of the title thereof. this conveyance is made subject to all easomenta, rights Of way. and restrictions of record affecting the subject property and specifically to that certain deed of trust from Edward T. Shoup. tt-", to the bank of Clarke County, JLjLL, Trustees, dated Anpust a, 1976. and recorded in the aforesaid Clerk's office In Dead gook 442, Pepe 15). This oonveyanoo 1s made in gross and not by the acre. The Grantor covenants that she has the right to convey tee subject real estate to the Granteesi that the Grantees shall be" Quiet aAd peaceable possession of the said property, free from all ILO" and enaab rAnoes t and that she will grant such f urthe r amsurences of title as may be requisite. MtTWZSS the following signsture and anal. I' mn of vrmrxu► CITY or NILVC AMM, tto-w�i� t s � I'�11111 -�LAAA a Notary Public: in MW for the State at Virginia at Large, due hereby certify that CAROL N. SUMP, witosse name is slgned to the foregoing Dood bearing Gate Of has acknowledged the same before me In sry Mats " City aforesaid. 2 2004", INTY op E IEOL' MENT Given under my hand thin '" dny uC • - , t'.',1. N(YI'J1H Y�F.fr my ck)nmigaion axpiraR!_-- _.1 :rr at +` `''' !''' ,.. N to �►�► 0,, It" CUM • 0 13 !�004 t REDER!CK COUNTY PLANNING & DEVELOPMENT M t bru 13/03/93 1370-kc , gKG I II;�(17 THIS DKED OF 'rkuwr in mnde and dated thlR 7rd f1ny (it December, 199J, by and between ,IAME0 V. HUTC11EP and APOE'/TH r1. UU'1'CIIER, his wife, partien of the first part, horuinattr,r callcid the Grantors, and E. EUGENE GUNTER, of Winchester, viryir)Jn, party of the second part, hereinafter called the Truntesr. WITHESS MI: That for and in connideratiun of the Gum of ONE DOLLAR ($1.00), cash in hand paid by the nnid Truatev to the Grantors, on or before the delivery of this Deed ut Trust, the r*ceipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the said Trustee, In foe simple, together with all rights, privileges, and Improvements and appu�-tenane*s therounto belonging, the following deacribed property: All of those two certain tracts of land, located about three miles East of Winchester, In Shawnee Magisterial District, Frederick County, Virginia, Lying a short way Worth of S*nsany Road and Zest of the Greenway Road. TRACT I was described by a deed of record in the Office of the Clark of the Circuit Court of rrederick County, Virginia in Deed Book 129 at Page 140 as coon to i n i ng 29 Acres, 2 roods and 1• poles and described by deed dated March 6, 1915 of record in the aforesaid Clerk's Office In Deed Book 137 at Page 364 as adjoining the lands of ELocou1w, PrLei H&AM i and J alias ro rguson . TRACT II described by deed dated July 26, 1902 of record In the aforesaid Clerk's Office in Deed book 122 at Page 517 as beginning at a po I nt In a road leading from the Berryv i l l e Turnpike to S*nsen y Road in the l i ne of the lard of Jataee rerqueon, thence In Ferguson's line tact 787% feet to (Tract I obove), thence in line of (Tract I above) Worth 12 feet to the line of the land of Sara J. Ebersole, thence Meet in said Ebersole's line 767+ feet to said road, thence In line said road South 12 fast to the place of beginning (serving as a means of Ingress and *gross from the aforesaid road to Tract I). Th* foregoing two tracts of land being the giase land conveyed to the Grantors heroin by Deed dated December 3, 1993, from Carol M. Shoup, L, of record In the aforesaid Clerk's Ott ae immediately preceding this Dead of Trust. Reference is made to the said Dead for the a more particular description of the property heroin conveyed. 0 LI )U04 FREOERICK COUNTY 1 P�ANivIPIG & DE VELOPME�T Thia conveyance 1a mndo nubj(act to nl) (in nametnLri, rlqIt, F, of way, and re•ictiona or record arrecting the riaut. property. IN TRUST HOWSVBR, to secure payment to the holdnrr; of n certain Bond of oven date herewith, in the principal aura of 'I'Wrirry- rive TIWUSAND DOLLARS (S25,000.00), together with interent thermon At the rate of ton percent (i0%) per annum. Interant will ►.y payable monthly on the third (Ird) day of each month beginning on January 3, 1994, and the principal of this Bond, plus accrued interest, will be due and payable one (1) year from data on Dec *wbor 3, 1994. Renewala and extensions of the foregoing debt are perm t tted . :uis Doed of Trust is oxec:uted and is to be constru-7d in accordance with all the provisions of 155-59 and 655-60 of the Code Of Virginia. And all amondmonts thereto, except as otherwise provi'fed herein. Advertisements requirbd: A single publication of notice Of sale at Twat fourteen (14) days before the date of sale in any newspaper of general circulation or published where the property is located. Comission of two and one-half percent (2�%) of SAdebt+►a dw Trustee if property advertised but indebtedness paid before rile. Crentors aball have right of anticipation without pelAalty. Ccemptioas valved subject to all upon default. Insurance required a¢aLvst fire and other calamity in the amount of the original indObteCrwss secured hereby. The bolders of the indebtedness secured by this Dead of Trust are hereby granted the power to appoint a substitute Trustee, or Trustees, in accordance with the provisions of 126-49 of the Code of Virginia in the event of the resignation, death, incapRoity, disability, removal or absence from thr State of a Trustee► such substitute Trustee, or Trustees, ahall be designated by instrument duly executed, acknowledged and recorded among the 2 1N3WdOl3A3a 'R OMNNV�d 1k1N(lOO N0IH30RJd !� milli roc.orlip Wh41'P t.11e Ill (Woo-:,y I r, I m:nI_r,d nil,] raj%l i l 1inVr- I j�rr ;;rrr•u, i •Ii puwer.n if orilllltnl ly nnm(iiI hnrl,ln. 1 The praparty nocut'ed try t.hln Iicrclrl of '1'ruact_ rriny riot_ I,n �I c:onvayed Lo an other Y Fl4ll'HUI1, firm (rr cut'F,urutlun, W1t_I1010_ the prlc�t' Written c:onnent of the t)enuf lclnr•inn and nny much r.unvrlynnr:r, 1111811 be conntrued nH n darnult or Cho trunt. N9r1Cii:__T1i�121:i1�,,FS111 DJ11:iti:11Y_.1:;_ L_111 E"i11.L_i)lt 2lt tK T _u N � T 1r.11L11M�.[Y1L1i�,il.�ii�ii._l�a1Y.l��M.YbJLL1Yi%.�U4�yyY.j..4 WITNESS the rollowiny signaturaa and aealm: Alf ES E . A`ILI r c ( SEAL) ^^+r"8U'I'CFtER STATE OF VIRGINIA, City of Winchester, to -wits v Notary Public in and for the State and City aforesaid, do hereby certify that JAIKES E. BUT'CHF'.R and ARDBY'T!f O• BUTC"ER, h1a wile, whose :tubes are signed to the foregoing writing, dated tocebber 7, 1993, have personally app*ared bsfore be and acknowledged the ease in my State and City aforesaid. Given under ay hand this &�, day of 1993. NOTARY PUBLIC iNY CAwslsalon escplrom: "Ih f1k(i1N1A (RLOrR CK COUNTY, SCT• lTa� w,itrw:rur+1 1((�nrrl,,�n� w�} u3uC/d cd � � , ,•• �. 11pr�10 ausw►txJ tlrAti 10A,0d CLERK 0 0 DKU I III i r ",' \ DEED, wads this loth day of Doco r, 199), botwoun C. C. LONGERBI:MI, INC., a Virginia Corporation, of the ono part, hereinafter called the Urantor, and CHRIS G. J1!11MINOO t/e Jtlit IK" CONSTRUCTION, of the other part, horaineftor c,allad the Grantee. 111TWZSSETH: That in consideration of Tan Dollars (010.00) and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does grant with gonoral warranty and, except as stated below, English covenants of title, unto the Grantee, in fee simple, the following described property, to -wit: All of that certain lot or parcel of land, together with the isprovaaents thereon and the easements and other appurtananoes thereunto belonging, lying and being situate �Y in Shawnee Nagiat*rial District, Frederick County, Virginia, and designated as LOT 111, SECTION II, CARLISLS -p�",�.� KNIGHT SUBDIVISION, as shown on the plat and survey of H. T e Bruce Won-, C.L.S., dated January 19, 1989, attached to d s and made part of the de*d of dedication of said subdivision, dated June 19, 1989, said deed of dedication J ? being of record in the off Los of the Clerk of the Circuit Court of Frederick County, Virginia, in Dead Book 716, at to" 770. and the amended dead of dedication of said J 7subdivision, dated A r i l 17, 1991 portion of h� same Dead Book property oonvwyed to the Grantor herein by deed of Charles C. WOVOrb"A, at al, dated July 17, 1991, recorded in the aforesaid Clark's offioe in Dead Book 7620 at Page lea). ROfareno* is hers sad* to the aforesaid plats, deed of dedication, d**d and the references contained therein for a further and more p�Micularly description of the Party conwy•d herein. 1ML8 ooareyanoa is made subJect to all duly recorded and *nfotVoable restrictions, reservations, *assents and rights of way. IFITUM the following signature and asa 1: C. C. lowzRaEJ , Ing. , by 4� K OF VIMIXIA, AT LARGE, City/may of co -wit: I, �1I a Notary Public in ana for the State and C All orwa-ld, oertity that ��c whose nar as L of C. C. Long* Inc., a s gned to the forgoing tfrLting, dated Deceaber 10, 1993, has acknowledged the sass before me by and on behalf of said corporation. given und*c BY hand this loth day of December, 199j�', •POWL.• Nyoommissiooexpires J,iw li, �Iy.rMplL M •.yl � k HIfi NAX comfy. xf. 1fr1 NYr�� � e:y Ir7Mrnt1 M w M UM �_ � � � • .•, 7 ^"° rhM.w�..���wy/ A1. Mo ary ,�1T�'t •►; !� i/ •�f1� i1i IIry1Mq �I M4 Ali � ., � J . 1 , E�. W OW W" Iona wy , r *'..n Wr f Cull' 0 • FR DMK COUNTY P,L� `.,, ._,r & DEVELOPMENT UIII TAYTICATT Date: 7/01/04 •5T1 COUNTY OF FREDERICK Time: 15:12:41 F. 1- HEATHER M TAYLOR • 000015919 Cust.Transactlons: Trans. Type: PAY Dept/Bill#: RE2004.00041620001 P/I Date: 7/01/2004 7/01/2004 Name: BRIARWOOD, LC Bill Date: 6/06/2004 Half: 1 Name 2: Address: Map#: 55 A 200 205 N CAMERON ST. MMMMMDDSSLLLLS WINCHESTER, VA Acreage:, 29.99 Dist/Cis 09 / 01 Zip: 22601 - 4803 Mortg.Co.: Desc: 29.99 ACRES SSN: 000 - 00 - 0000 000 - 00 - 0000 Status: Land: $128,200 Improve: $5,000 Use: $0 Original Bill: $486.18 Credits: $486.18 Discount: $.00 ...•••........................................•............................... Date Type Drawer Trans# Check Number Trans. Amount Balance 5/27/2004 PAY AFW 4920 MARA 1004 $486.18CR $.00 COMMENT 1-} Aba Value 0 COMMENT 2-i Paid.By BRIARWOOD, LC •I !I `J TO: FROM: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM Finance Department Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: November 5, 2004 The amount of $50.00 was deposited in line item 43--010-013030-0007 for the company named below as a deposit for one sign for Rezoning #12-04 for Butcher Property (Brairwood). The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Briarwood Manor PO Box 2715 Winchester, VA 22604 RSA/pd Ql� >>151G� 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 t FREDERICK COUNTYX R E C E I P T P.WILLIAM O. ORNDOFF, JR BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING 8 Ticket #:00004670001 Date Register: 9/y4/2004 Trans#: COS/CO ts. Dept # 31284 Acct# 1099 Previous Balance Principal50•p0 Being Paid $ Penalty $ 50-00 Interest * .00 •DO Amount Paid $ 5D.p0 *Balance Due $ Pd by 'p0 BALANCE DUE INCLUDES Cash _25 PENALTY/INTEREST THRU THEChecMONTH56499520p4 VAR HALL, MONAHAN, ENGLE, MAHAN A PARTNERSHIP OF PROFESSIONAL CORPORATIONS WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE 0. LELAND MAHAN ROBERT T. MITCHELL, JR NAMES A. KLENKAR STEVEN F.JACKSON ATTORNEYS AT LAW & MIT HELL I S 7 EAST MARKET STREET 9 EAST BOSCAWEN STREET LEESBURG, VIRGINIA WINCHESTER, VIRGINIA TELEPHONE 703-777-1050 TELEPHONE 540-562-3200 FAX 540-662-4304 E-MAIL lawyers@hallmonahan.wm October 8, 2004 Eric Lawrence, Planning Director of Frederick County 107 North Kent Street Winchester, VA 22601 Re: Briarwood LC Proffer Statement Dear Eric: U E %004 K COUNTY ',/ELOPMENT PLEASE REPLY TO: P. 0. BOX 848 WINCHESTER, VIRGINIA 22604-0848 I have reviewed the proposed Proffer Statement submitted by Briarwood LC for the Butcher property project. I find the form of the Proposed Proffer Statement ("Statement") to be acceptable, and I find the content of the Statement to be acceptable, subject to the following comments: 1. The Statement indicates that Briarwood LC is the record owner. You have indicated that the rezoning application is filed by the owner of the property, and that David B. Holliday is the owner of Briarwood LC. If so, the first page of the Statement should show Briarwood LC as both the record owner and the applicant, and the signature block at the end should be for Briarwood LC, and signed by David B. Holliday as the managing member. 2. In order to clarify the rezoning being applied for, I would suggest that in the second sentence of the first paragraph the words "RP conditional" be inserted after the word "referenced". HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Eric Lawrence, Planning Director October 8, 2004 Page 2 3. In my opinion the last sentence of the first paragraph must be deleted, as it does not constitute a legally correct statement. If the Board of Supervisors were to deny this conditional rezoning application, and if the denial were appealed by the applicant to the Circuit Court, and if the Circuit Court were to reverse the decision of the Board of Supervisors and return the matter to the Board of Supervisors for actions consistent with the Court's decision, what would back before the Board of Supervisors is the conditional rezoning which the Board acted up, which includes the proffers. If, in that instance, the applicant would not want the Board of Supervisors to act on the conditional rezoning application, the applicant could withdraw the application and file another rezoning application without proffers. 4. The last sentence of the second paragraph should be deleted, as I do not believe the term "Generalized Development Plan" is used in the proffers. The foregoing is based upon my review of the Proposed Proffer Statement to determine whether the Statement is in a form to meet the requirements of the Zoning Ordinance and the Code of Virginia, and constitutes a proper proffer statement. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the property, and it is my understanding that that review has been undertaken by the staff and the Planning Commission. If there is any question concerning the foregoing, please contact me. With kind regards, I am RTM/ks • M facsimile FILE, CQP� TRANSMITTAL Name: Bob Mitchell Fax: 6 6 a ` L) 3j From: Eric Lawrence Date: October 1, 2004 Subject: Proffer Review Request Pages: Ct Comments: Good morning Bob; welcome back! Hope your travels were enjoyable. (1) Attached is a proffer statement (Butcher property rezoning) for your review. (2) Fieldstone MDP.... I would also note that Arcadia (Fieldstone MDP project) has filed a Complaint regarding the Board's approval conditions on the Fieldstone Master Development Plan. I believe the complaint was filed last week; the 21 day clock has begun. Please contact me to discuss as appropriate. (3) High View Manor. Ty has submitted another BZA appeal application; the legal advertisement deadline is today. Mark Cheran is prepared to apprize you when you're available; please contact him or I for details. Welcome back! Thanks! -Eric Lawrence 540-665-5651 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Robert T. Mitchell, Jr., Esquire FROM: Eric R. Lawrence, AICP, Planning Director SUBJECT: Proffer Review — Butcher Rezoning DATE: October 1, 2004 Welcome back from your vacation! Staff has received the proffer statement for the Butcher Rezoning application, and is seeking your legal review. Staff would note that the introduction paragraphs are not the typical introduction paragraphs we generally receive. I suspect future rezoning proffer statements may use similar language, if you determine the language to be appropriate. I have attached the Butcher property proffer statement and the review agency comment for your use. This application will be heard by the Planning Commission on Wednesday, October 6, 2004. Thank you for your consideration. ERL/rsa Attachments cc: John R. Riley, Jr., County Administrator 107 North Kent Street • Winchester, Virginia 22601-5000 PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA to RP PROPERTY: 29.99 Acres +/-; Tax Map Parcel 55-A 200 (the "Property") RECORD OWNER Briarwood LC APPLICANT: David B. Holliday PROJECT NAME: Butcher Property ORIGINAL DATE OF PROFFERS: September 7, 2004 REVISION DATA- 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 prior hereto. In the event that the above referenced rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. If this application is denied by the Board, but in the event that an appeal is for any reason thereafter remanded to the Board for reconsideration by a court of competent jurisdiction, then these proffers shall be deemed withdrawn unless the Applicant shall affirmatively readopt all or any portion hereof in a writing specifically for that purpose. 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 its interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Butcher Property" dated July 1, 2004 (the "GDP"), and shall include the following: ►11 1. 1.1 Areas of residential development on the Property shall be developed in conformance with the regulations of the Residential Performance ("RP") zoning district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. Page I of 6 • 0 Butcher Proffer Statement 1.2 Residential development on the Property shall not exceed a maximum of 69 single family detached dwelling units. 1.3 The project shall be comprised solely of single family, detached housing types. 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, and design standards, and this Butcher Proffer Statement as approved by the Board. _ 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit except those that may be designated as "age restricted". 5. PARKS & OPEN SPACE: 5.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7. SHERIFF'S OFFICE 7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 8. ADMINISTRATION BUILDING 8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. Page 2 of 6 Butcher Proffer Statement 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other 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 space areas not otherwise dedicated to public use, (H) 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 street, 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 S anitatiori Authority. 11, E NVIRONNIE NT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Storm -water Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of storm -water control in existing Virginia law at the time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Butcher Property;" prepared by Patton Harris Rust & Associated, dated September 8, 2004 (the "TIA'). The Applicant shall privately fund all transportation improvements required of this project. 12.2 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation (VDO) for a pro-rata share of the cost of installation of a traffic signal at the intersection of Farmington Boulevard and Greenwood Road. Page 3 of 6 • 0 Butcher Proffer Statement 12.3 The extension of Farmington Boulevard through the project shall be designed and constructed to include traffic calming measures acceptable to VDOT. 13. ESCALATOR CLAUSE: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as 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 (" CPI-U") published by the United States Department of Labor, such that at the time 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. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 4 of 6 • 0 Butcher Proffer Statement Respectfully submitted, DAVID B. HOLLIDAY By Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrume t was acknowle ged before me this�day ` ; 0 60��� 2004, by My commission expires . a, 06 I L 7E� Notary Publican 19Qa� Page 5 of 6 • 3Ei IlE NSLOW 55—A 184 70NED: RP USE. RESI ' T1AL - SFnON I 55—A� ZONED: uuu CO, INC. r BUTCHER 1DROPERTY GENERALIZED DE vL-L 0PMENT PLAN 0 0 -A Fi?EDERICK COUNTY, KRG/N!A ORP,ICK CEMETERY CO, INC. 55—A-201 ZONED: RA USE: CEMETERY gilbert w, clifford & associates a division of Patton, Harris, Rust & Associates, pc 117 E Ficodilly SL Vkhester, Virgkio 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 Page 6 of 6 Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia 22601 (540) 665-6383 0 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the County Attorney's office with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Mailing Address: Location of property: Current zoning: County Attorney's Comments: Assistant County Attorney's Signature & Date: Zoning requested: Telephone: Acreage: Notice to County Attorney - Please Return This Form to the Applicant 18 NSMISSION VERIFICATION REPORT TIME NAME FAX TEL SER.# 10/0112004 09:09 FRED CO PLANNING DEP 5406656395 5406655651 BROC2J178677 LATE, TI1,4E 10101 09: 07 FAX NO./NAME 96624304 DURATION 00:02:24 PAGE(S) 08 RESULT OK MODE STANDARD ECM f a c s imile TRANSMITTAL Name: Fax. /fBobj/j.M'[`�i�itchell /�(ff+ Mrt ^' 4 q From: 1�+ ! Eric Lawrence Date: October 1, 2004 Subject: Proffer Review Request Pages: 1� Comments G, ood morning Bob; welcome back! Hope your travels were enj dyable. (1) Attached is a proffer statemmt (Butcher property rezoning) for your. review. (2) Fieldstone MDP.... I -would also note that Arcadia (Fieldstone, N4DP project) has filed a Complaint regarding the Board's approval conditions on the Fieldstone Master Development Plan, I believe the complaint was filed last week; the 21 day clock has begun. Please Contact me to discuss as appropriate. (3) High View Manor. Ty has submitted another BZA appeal application; the legal advertisement, deadline is today. Mark Cl mii is prepared to apprize you when ),ou'i-e available; please contact him or I for details. gilbert w. Clifford Asociates E C E 0 E a division of D01 Patton H arris Rust S Associates,pc Engineera. Surveyors. Planners. Landscape Architects. 2004 117 East Piccadily Street, Suite 200 SEP 1 0 + Wrichester, Virginia 22601 P H T 540.667.2139 Transmittal 540.665.0493 FREDG & D COUNTY IFNNINDEVELOPMENT To: Eric Lawrence Organization/Company: Frederick County Planning Address: 107 N. Kent Street Winchester, VA 22601 Telephone Number: Date: 9/ 10/04 From: C. E. Maddox, Jr., P.E. Project Name/Subject: Butcher Rezoning Via: Internal Project File #: Quantity File # Date Description Transmitted ❑ Herewith 1 Application Fee $2,549.50 ❑ Under separate cover Application, POE, Proffer Statement 1 ea. w/Original Sigantures Material ❑ Originals 65 Rezoning Application Package ❑ Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ❑ Your Use ❑ Your Files Notes: ❑ Approval ❑ Please Return: Corrected Pnnts ❑ Please Submit: Rehsed Prints Received by: Date: F I, SEP 1 0 =4 Document Approval Form t FREDERICK COUNTY L_r' t'?NING & DEVELOPMENT PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice David .Mark Susan Eric COMMENTS: Received by Clerical Staff (Date & Time): • pECEIVE S E P 10 2004 FREDERICK COUNTY PLANNING & DEVELOPMENT Frederick County, Virginia IMPACT ANALYSIS STATEMENT AND REZONING APPLICATION MATERIALS FOR REZONING REVIEW AND APPROVAL OF THE BUTCHER PROPERTY Shawnee Magisterial District September, 2004 Prepared by: Gilbert W. Clifford & Associates a division of Patton Harris Rust & Associates, pc 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2139 Fax:540-665-0493 • 0 Butcher Impact Analysis Statement Table of Contents I. Application Form II. Summary and Justification III. Impact Analysis A. Site History and Project Background Figure 1 - Final Plat B. Location and Access Figure 2 - Location Map (aerial) C. Site Suitability Figure 3 - Planning Context Figure 4 - Site Characteristics Figure 5 - Generalized Development Plan (GDP) D. Traffic A Traffic Impact Analysis of the Butcher Property E. Sewage Conveyance and Water Supply Figure G - Water and Sewer Extensions F. Site Drainage Figure 7 - Stormwater Management G. Solid Waste Disposal Facilities 11. Historic Sites and Structures I. Impact on CommunityFacilities IV. Frederick County Fiscal Impact Model Output V. Proffer Statement VI. Agency Comments VII. Survey Plat and Deed VIII. Tax Ticket 2 E C-- S E P 1 0 2004 FREDERICK COUNTY NNING & DEVELOPMENT • I APPLICATION REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. Fee 'Amount Paid $ Zoning Amendment Number Date Received PC Hearing Date BOS Hearing Date I�G EOVT_ sEP 1 n moa 1 FO, FREDERICK COUNTY PLAN NING_& DEVELOPMENT 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: Gilbert W. Clifford & Associates/PHRA Telephone: 667-2139 Address: 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 2. Property Owner (if different than above) Name: Briarwood LC Address: 205 N. Cameron Street Winchester, VA 22601 3. Contact person if other than above Name: Charles E. Maddox Telephone: 667-2120 Telephone: 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: David B. Holliday 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL 1D NUMBER USE Residential & Vacant RP -Single Family Detached (Urban) 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). East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. i-Ns � S E P 1 0 2004 FREDERICK COUNTY PLANNING & DEVELOPMENT __ 2 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 55-A-200 Magisterial: Fire Service: Rescue Service Shawnee Greenwood Greenwood Districts High School: Middle School: Elementary School James Wood James Wood Senseny Road 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zonin Re uested 29.9891 RA RP 29.9891 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 69 Townhome Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Office Retail Restaurant 9� , f IS C vl SEP 1 0 2004 Square Footage of Proposed Uses Service Station Manufacturing Warehouse Other FREDERICK COUNTY 3 PLANNING & DEVELOPMENT 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) W. C iffor ssociates Owner(s) -,� �,—Wxli- --, iarwo , C E C E 0 V E 0 S E P 1 0 2004 FREDERICK COUNTY PLANNING & DEVELOPMENT Date 7,2` 0-5 Date Date 9 Date tUDEo 9 0 2004 �I K COUNTY 1 Special Limited Power of Attorney EVELOPMEI�iT County of Frederick, Virginia ELOPM Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) _David B. Holliday (Phone) 667-2120 (Address) 205 N. Cameron Street, Winchester. Virginia 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 810 on Page 1279 and is described as Parcel: 200 Lot: Block: A Section: 55 Subdivision: do hereby make, constitute and appoint: Chris Mohn (Name)_ PHRA — Charles E. Maddox, Jr (Phone) 667-2139 kddress) _ 117 E. Piccadilly Street, Suite 200 Winchester, Vireinia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified In witness therecC I(have hereto set my (our) hand and seal this day o61001 0t/ , State of Virginia, City/County of _(N 1 n o tk4-d9A-- To -wit: V C� �f 0) 1 C a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument nally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this fit' day of*bMIw00 _q. — —qn QJI )-,A �.���/'�') My Commission Expires: I r4otary Public p-- v, v, v, v, U, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, v, 0 0 00 �"'' �--' �—` �--+ r- r—+ W W 01\ W v, W -P W GJ W N W r W O �•-+ N �-' — �-- O �p DD J �--` �--� -P 00 J O� v, A N ✓, d ° co n 0 ° cr QCD o ��7y�ty0 v�aano w x rs CD ���� ��� � ��rRO>t r�,�� o � C�rpxr� o �� � �o� CD x > -�� rr -' o �CD o Cr cn EnQ CD CD CD CD CD Q CD C) 0 0 0 0 — O O O O O O O Cl O -a - O 00 ON P N 00 Q O 01rrrrrr0000��cn�n�-' N O 00 O\ .p N J v, W O N 00 Hy-1I-A b� 0 0 0 0 0> wCD w w w w w o 0 0 o A Q 0 co C)C)C����c� n aaC 0 t:r� co co cD rn cD cD cn cD cD cD 4 cD 4 cD W cD cn cn r+ V c-f CD i-}- CD e+ CD r-F (D r-F CD -•F CD �"� + .--F CD .-1- CD CD CD i- CD c-F CD CD �-t CD CD CD " • ':S CCCCCC"� a CCCCCCCCCC� W C ��t > > > > > w N N N N N N> .... N N N N N N~ �+ Ol ON O\ O> O\ m N C M M M O'� M Ol O O O O C C 0 N 0 N 0 N 0 N 0 N 0 N O\ vA '9 CDO N N O N O N O N O N N N N N '� '� C y lh N N � N N O a\ O d\ O N N to g�dgl> (D (P [D 0 C) [p (D VJ (P lA [A (P cn (P � to (D cn (P V] CA Q En � 49 —` CP Vl y p.a . 1-+ . � • N • 1� . F-.. 1•-. • Hd, . 1•+ • N 1 1-, • 1-+ . �.+ • F•• .+ • 1-• • F+ • H • � • 1-+ . ''-' • ,,.. cD cD cD CD cD cD h � cD cD cD cD rD cD cD cD cD cD cD cD ter-} �_ cD µ• Fhd• �• N• H• H • 1�+ • Fes+• 1�•• �* • Fh+• 1h.• 1�+• H. H• Fes-.• 1rt�• �-• Y rn N Fr Fes. F-. F-• 1---' �� � 1-- F-' �• �• F- ~• F•� F•r 1--' F-. � Y� 0 0 Traffic Counts REZONING A PPL I CA TION BUTCHER PROPERTY July, 2004 Prepared By. gilbert w. clifford & associates a didsion of Patton Harris Rust & Associates, pc 117 E. Meadilly St. Winchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 Frederick CoLmty, Virginia IMPACT ANALYSIS STATEMENT AND REZONING APPLICATION MATERIALS FOR REZONING REVIEW AND APPROVAL OF THE BUTCHER PROPERTY Shawnee Magisterial District September, 2004 Prepared by: Gilbert W. Clifford &Associates a division of Patton Harris Rust & Associates, pc 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2139 Fax:540-665-0493 Butcher Impact Analysis Statement Table of Contents I. Application Forrn II. Surnrnary and Justification III. Impact Analysis A. Site History and Project Background Figure I - Final Plat B. Location and Access Figure 2 - Location Map (aerial) C. Site Suitability Figure 3 - Planning Context Figure 4 - Site Characteristics Figure 5 - Generalized Development Plan (GDP) D. Traffic A Traffic Impact Analysis of the Butcher Proper y E. Sewage Conveyance and Water Supply Figure G - Water and Sewer Extensions F. Site Drainage Figure 7 - Stormwater Management G. Solid Waste Disposal Facilities H. Historic Sites and Structures I. Impact on Community Facilities IV. Frederick County Fiscal Impact Model Output V. Proffer Statement VI. Agency Comments VII. Survey Plat and Deed VIII. Tax Ticket I APPLICA,ION REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Y 4 1f f Fee Amount Paad$ ` -= Zoning Amendment Number Date `Received PC`Hearmg.>Date BOS:'Hearing pate 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: Gilbert W. Clifford & Associates/PHRA Telephone: 667-2139 Address: 117E Piccadilly Street Suite 200 Winchester Virginia 22601 2. Property Owner (if different than above) Name: Briarwood LC Address: 205 N. Cameron Street Winchester, VA 22601 3. Contact person if other than above Name: Charles E. Maddox Telephone: 667-2120 Telephone: 667-2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 1 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: David B. Holliday 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER USE Residential & Vacant RP -Single Family Detached (Urban) 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). East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. 2 F_ Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 55-A-200 Magisterial: Fire Service: Rescue Service: Shawnee Greenwood Greenwood Districts High School: Middle School: Elementary School: James Wood James Wood Senseny Road 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 29.9891 RA RP 29.9891 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 69 Townhome Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Sauare Footage of Proposed Uses Office Service Station Retail Manufacturing Restaurant Warehouse Other 3 � I C 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) - W. C iffor ssociates Owner(s) �/7 &-411, ' l riarwoo , L H J Date G Date Date -7-?/ Date j Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 ' Know All Men B Those Present: That I Y (We) (Name) David B. Holliday (Phone) 667-2120 (Address) 205 N. Cameron Street Winchester Virginia 22601 ' the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed. Book 810 on Page 1279 and is described as ' Parcel: 200 Lot: Block: A Section: 55 Subdivision: do hereby make, constitute and appoint: 'Chris Mohn (Name) PHRA — Charles E. Maddox Jr (Phone) 667-2139 ',.address) 117 E. Piccadilly Street- Suite 200 Winchester. Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described ' Property, including X Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) _ Subdivision Site Plan 'My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or 'modified. �, In witness thereof; I (�) have hereto set my (our) hand and seal this � � , , day of el1'200-r' Signature(s) State of Virginia, City/County of d`Vc'-` To -wit Jl o V 1 a F)-� Nd !I � Oc 'L �M77 a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument pe onally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this *1 day of 00 �. �� "a / T� 1 �� /V ?l7') M Commission E ,(� roof Public` Y xpires:V/� �'Y Briarwood Section 3 ID # Name Address Zonin2 Use 55-A-184 Bettie E Winslow 711Greenwood Road, Winchester, VA 22602 RP Residential 55-A-201 Greenwood Baptist Church 778 Greenwood Road, Winchester, VA 22602 RA Religious_ 55-A-201 Orrick Cemetery Co., Inc. 501 S. Braddock Street, Winchester, VA 22601 RA Agricultural 55J-1-1-7 Rae an P & Jose R Ran el 102 Goldenrod Road, Winchester, VA 22602 RP Residential 55J-1-1-8 Richard L & Sharon K Ivy 100 Goldenrod Road, Winchester, VA 22602 RP Residential 55J-1-1-9 Randy L & Heather C Stotler 101 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-1-10 Ruth H Tensle 103 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-1-11 Steven L Lamm & Angela Greenwalt 105 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-1-12 Marlon A & Cynthia D Coffey 107 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-2-30 Robert & Jennifer Douglas 302 Lilys Way, Winchester, VA 22602 RP Residential 55J-1-2-31 Lamont L & Lorretta E Lashley 304 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-2-32 Christopher L & Vicki L White 306 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-2-33 Alan C & Diane L Van Amburg 308 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-2-34 Rhonda Mason 310 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-2-35 Richard C Edlich 312 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-2-36 Jerry S King & Scot W Marsh 39078 Old Valley Pike, Strasburg, VA 22657 RP Vacant 55J-1-2-36A Briarwood Estates Homeowners Assoc. P.O. Box 746, Stephens City, VA 22655 RP Vacant 55J-1-6-112 John D & Susan L Wallace 318 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-6-114 David F & Lynn K Gwinn 202 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-115 Alan R Saville & Leigh Ann Sweeney 204 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-116 Michael A & Stacey L Quick 206 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-117 Mark E & Laura L Quick 208 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-118 Christopher S & Carla A Hammond 210 Trefoil Ct., Winchester, VA 22602 RP Residential II S'U.�l ff-IIRY Butcher Impact Analysis Statement II. Sun -unary and Justification The Butcher property lies wholly within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) of Frederick County, with access to Greenwood Road via Farmington Boulevard. The site is located adjacent to the Briarwood Estates subdivision, which the applicant in this petition successfully rezoned and developed over the course of the past decade. The development of the Butcher property will continue the established development pattern in this area, and will be integrated with adjoining neighborhoods through the extension of Farmington Boulevard. The rezoning of the site for single family residential development is consistent with the vision of the Comprehensive Policy Plan, which expressly calls for suburban residential uses to predominate within the UDA. The site is accordingly designated for residential land use on the Eastern Frederick County Long Range Land Use Plan map. By using available land within the UDA, this rezoning promotes a dynamic housing market within the countys designated growth area, and therefore advances the important goal of reducing development pressure in the outlying rural areas. The applicant is confident that the proposed rezoning includes a proffer program that will appropriately and effectively mitigate the impacts of this development while simultaneously contributing to the regional transportation network. The single family residential land use envisioned for the site is compatible with the surrounding community and consistent with the land use policies of the Comprehensive Policy Plan. As such, this rezoning request merits favorable consideration and approval. 17 III t IMPACI'AVALYSIS L iL Butcher Impact Analysis Statement III. Impact Analysis A. Site Background and History The Butcher property consists of 29.9891 acres of land located within the UDA east of Greenwood Road within the Red Bud magisterial district. The site is adjacent to the built out Briarwood Estates subdivision, and is accessed via Farmington Boulevard. Prior use of the site was as a single family residence that is now vacant. The site is located in an actively developing residential area wherein public facilities have been installed through prior development and are readily available for extension into the site. Available facilities include water and sewer lines, road infrastructure, and regional stormwater management. The requested rezoning from RA (Rural Areas) to RP (Residential Performance) will enable continued development within the UDA in accord with the Comprehensive Policy Plan. The rezoning will serve to integrate the site with the surrounding community, which has already undergone the transition from the historical pattern of low density residential land uses to the suburban intensities envisioned by policy. The final plat is shown as Figurel. (R/W VARIES) C ROUTE 656 — N GREENWOOD ROAD 'IRS IRS O Z v N Pon ,NII m TRACT II 0.1943 Ac. v o �D JII rn BETTIE E. WINSLOW <C4 L4 T.M. 551 ((A))-8184 C�� �S31 408'3'W STONE FOUND N 31 '49'43"E �Lp pp Oo Y� rn N 1T1 1� m r, m z C m m D 2 m O v rn v �A 1 r — — �.._.._ 0 ; f� (BRIARWOW E�TES STAZ I -� �. /z co OJ -� - i -D� ^ % O / /o SLOT 9.. [ 11 i o o� I�/ LOT 8 LOT 7 j JRFl IRrF1 IR IRF ELL-0 0- 1185.08' IRS LOT m 30 LOT IRF 31 LOT Z 32 _L LOT =1 (n 33 0 v LOT -Z 34 m N I LOT cD 35 Ifs T I fTl) LOT Ac. �t4e�,r. m Q D� �i °r o u m -P, O �N .I 1O6 2 TRAC 29.9891 8" LocusT OT m S35"18'07"W 1117 — 1166.60' — —o 1IRE FENCE (MEAN E-RS) LOT Z ORRICK CEMETERY COMPANY, INC. IRS, 111 D.B. 337, PG. 179 IRFLOT T.M. 55-((A))-201 K119 j 200 400 BOUNDARY SURVEY OF THE PROPERTY OF JAMES E. & ARDEYTH 0. BUTCHER D.B. 810, PG. 1279 RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" - 200' DATE: FEBRUARY 2, 2004 gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 2 OF 11E r �f VICINITY MAP 1 "=1, 500' NOTES: 1. THE PROPERTIES SHOWN ON THIS PLAT ARE LOCATED ON ASSESSMENT MAP 55—((A))-200 AND ARE NOW IN THE NAME OF JAMES E. & ARDEYH 0. BUTCHER PER DEED RECORDED AT DEED BOOK 810 AT PAGE 1279 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 2. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOT THEREFORE NECESSARILY INDICATE ALL ENCUMBRANCES AND RESTRICTIVE COVENANTS ON THE PROPERTY. 3. THIS SURVEY IS BASED ON A CURRENT FIELD SURVEY. 4. THE EXISTENCE OF VEGETATED OR TIDAL WETLANDS WAS NEITHER INVESTIGATES NOR CONFIRMED DURING THE PERFORMANCE OF THIS SURVEY BY THIS FIRM. 5. IRF DENOTES REBAR FOUND 6. IRS DENOTES REBAR TO BE SET CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT BEARING CHORD Cl 1-16'23" 547.96 12.18 6.09 N21'38'21"E 12.18 BOUNDARY SURVEY OF THE PROPERTY OF tiTg OF JAMES E. & ARDEYTH 0. BUTCHER D.B. 810, PG. 1279 RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Z SCALE: AS NOTED DATE: FEBRUARY 2, 2004 RANDY A SfOHM a gilbert w. Clifford & associates No. 002342 A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION t,,_t CONSULTING ENGINEERING - LAND SURVEYING - PLANNING llllk�D aolr�" 117 E. PICCADILLY STREET, MANCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 1 OF cici is Butcher Impact Analysis Statement B. Location and Access The Butcher property is located east of Greenwood Road and south and adjacent to the Briarwood Estates subdivision. Access is provided from Greenwood Road by Farmington Boulevard, a minor collector roadway, which extends through Briarwood Estates - Section 1 to the west property boundary. Farmington Boulevard is intended to extend through the Butcher property providing internal project access as well as interparcel connections. The planned extension of Farmington Boulevard through the Butcher property will facilitate its ultimate connection with Channing Drive. This connection will be completed through development of an adjoining tract and result in a minor collector route parallel with Senseny Road that is included in the Eastern Road Plan. (See Figure 2) c `. ei,. �. 'k`:.^- l,y' f //- 4 '� � .. � ;Ap] ,24�.aw_�'.. T4 �• .. �i ' � .'� .'a f, e6�TV'AC-�J��. t, /j-pw d- K^, '••''^��, 'Sr�� `�Yf �( 1' !}? �.�`�' 1 h `•. �, . rat'-�; / I ���.^` 1i• vfr.- w . `1 r� } .. ..r .a v , lion Tw � •R %r r� Y• Sec o - . 1 _+Ar � • 1 � � � � r • a�1 y...ti '`^ tia.,, .Sons �1� '� �+�:,'C � a � .1� r • �` ,� T 14 �. SAM- '- "�*kutl 1 ko BUTCHER PROPERTY gilbert w. clifford & associates ,it \ a dnision of LOCATION MAP Patton, Harris, Rust & Associates, pc O O 117 E. P'ic * St. Vkhester, Wginio 22601 1 FREDERTCK COUNTY, WRG/NM VOICE (540) 667-2139 FAX: (540) 665-0493 1 FIGURE 2 Butcher Impact Analysis Statement C. Site Suitability The site does not contain conditions that would preclude or substantially hinder development activities. The following table provides an area summary of environmental features: Butcher Property Environmental Features Total Project Area 29.99 Acres Area in Flood Plain 0.00 Acres 0% Area in Steep Slopes 0.00 Acres 0% Area in Wetlands 0.9 Acres 3% Lakes & Ponds 0.00 Acres 0% The General Soil Map of the Soil Survey of Frederick County Vrrginia indicates that the soils comprising the subject parcels fall under the Weikert-Berks-Blairton soil association, with the particular geology being Martinsburg shale. Such geology is prevalent on land located east of Interstate 81 and is not identified as prime farmland. The site is predominantly wooded and no history of agricultural use has been identified. Site elevations range from a high of 877 feet above sea level to a low of 838 feet above sea level with slopes ranging from 3% to 20%. A central intermittent stream channel bisects the site from south to north draining through the Briarwood Estates and Carlisle Heights subdivisions with confluence to Abrams Creek. Riparian buffers required by ordinance will be preserved on either side of the stream channel. A small area of wetlands has been identified on the site coincident with the path of the intermittent stream channel. Water and sanitary sewer facilities are available via the Briarwood Subdivision and have been sized to accommodate additional development. The site is ideally suited for use as a single family detached subdivision similar in density to the surrounding area. The following exhibits show the zoning context for the property (Figure 3), the characteristics of the site (Figure 4), and the proposed Generalized Development Plan (GDP) for the project (Figure 5). 1 e 4 ; 1440tu t -------- BUTCHER PROPERTY — lb r r 44 St ) e t 1 Sl 6 1 BUTCHER PROPERTY gilbert w. clifford & associates 1 O ZONING CONTEXT a division of Patton, Harris, Rust & Associates, pc 117 E Picadilly St Wiindrcster, Viirginio 22601 0 fREO£RFCK COUNTY VMN41 VOICE: (540) 667-2139 FAX: (540) 665-0493 FIGURE 3 i /I w o A BUTCHER PROPERTY SITE CHARACTERISTICS FREDERICK COUNTY, KRGIN14 gilbert w. clifford & associates a division of Patton, Harris, Rust & Associates, pc 117 E Pico* St Winchester, Virginia 22601 WILE (540) 667-2139 FAX: (540) %5—N93 ' FIGURE 4 f IGUKE 5 Butcher Impact Analysis Statement D. Traffic A traffic impact analysis (UA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. Using traffic generation figures from the I.T.E. Trip Generation Manual, 7"' Edition, the TIA projects that the proposed development will produce 690 vehicle trips per day (VPD). The TIA further indicates that study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions. The TIA reveals modest peak hour delays at the Greenwood Road (Route 656) intersections with Valley Mill Road (Route 659) and Senseny Road (Route 657), which are attributable to anticipated background traffic growth. Farmington Boulevard will provide access to the project from Greenwood Road and will be extended by the applicant through the project to the east boundary. Construction of Farmington Boulevard will include traffic calming measures (such as "chokers") to enhance traffic control and improve safety for residents along the roadway. A system of local streets connecting with Farmington Boulevard will provide a satisfactory and manageable internal transportation system for the development. From a regional perspective, construction of the segment of Farmington Boulevard through the Butcher Property furthers implementation of the transportation improvements outlined by the Eastern Road Plan. The extension of Farmington Boulevard to its ultimate connection with Channing Drive will complete a minor collector route parallel to Senseny Road that will contribute to improved traffic conditions in the area. As currently aligned, Farmington Boulevard intersects with Greenwood Road opposite the planned location of Abrams Pointe Boulevard, which will serve as the primary access for the yet to be developed Abrams Pointe project to the west. This intersection will ultimately be signalized when warranted by VDOT, with the Abrams Pointe development already committed to sharing 50% of the cost. The applicant has proffered to enter into a signalization agreement with VDOT to contribute 25% of the cost of signal installation. A Traffic Impact Analysis of the Butcher Property Located in: Frederick County, Virginia Prepared for: Dave Holliday 205 North Cameron Street Winchester, VA 22601 Prepared by: Patton Harris Rust & Associates, pc Engineers. surveyors. Planners. Landscape Architects. PR208 Church Street, S.E Leesburg, Virginia 20175 T 703.777.3616 H F 703.777.3725 September 8, 2004 (Original Submission: June 14, 2004) OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PIIR+A) has prepared this document to present the traffic impacts associated with the proposed Butcher Property to be located at the end of Farmington Boulevard, east of Greenwood Road (Route 656), in Frederick County, Virginia. The proposed project will include a total of 69 residential units with sole access provided via Farmington Boulevard. Built -out will occur over a single phase by the year 2008. PHR+A has provided Figure 1 to illustrate the location of the Butcher Property with respect to the surrounding roadway network. The study area encompasses Greenwood Road from Valley Mill Road (Route 659) to Route 657. Methodology The traffic impacts accompanying the Butcher Property site were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other plamied projects in the area of impact, • Calculation of the Butcher Property trip generation, • Distribution and assignment of the Butcher Property generated trips onto the completed road network, • Analysis of capacity and levels of service using the newest version of the highway capacity software, HCS-2000, for existing and fiiture conditions. EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual honing movement counts at the intersections of Greenwood Road / Valley Mill Road and Greenwood Road/ Route 657. In order to determine the ADT (Average Daily Traffic) along the study area roadway links, a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 10% was assumed. Existing traffic volumes were obtained along Farmington Boulevard (Briarwood Subdivision Estates) based upon trip generation results for 88 existing single family detached residential units as calculated using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 1 is provided to show the existing trip generation results along Farmington Boulevard. All count data are provided in the appendix section of this report. PHr�n A Traffic Impact Analysis of the Butcher Property September 8, 2004 Page 1 No Scale Figure 1 Rd !r-'- VILID hrr_�— t. Rd qt- "soh !f, t,.� Butcher Property Vicinity Map A Traffic Impact Analysis of the Butcher Property PR+A September 8, 2004 H Page 2 Table 1 Existing Land Uses along Farmington Boulevard Trip Generation Summary AM Peak Hour PM Peak Hour ode Land Use Amount In Out Total In Out Total ADT 210 Single -Family Detached 88 units 18 53 71 61 34 96 880 Total 18 53 71 61 34 96 880 Figure 2 shows the existing ADT and AM/PM peals hour traffic volumes at key locations throughout the study area. Figure 3 shows the respective existing lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. 2008 BACKGROUND CONDITIONS PHR+A increased the existing traffic volumes along Greenwood Road, Route 657 and Valley Mill Road (west of Greenwood Road) using a conservative growth rate of five percent (5%) per year through Year 2008. Additionally, all trips relating to specific future "other developments" located along Charming Drive and Valley Mill Road were included. The following approved, but not yet completed, "other developments" were considered: • Toll Brothers; • Charming Drive Residential; • Giles Farm; • Fieldstone; • Abram's Pointe (Including Coventry Court Subdivision). Note: Coventry Court trips combined with Abrams Point are consistent with the revised Master- Development Plan. PHR1� A Traffic Impact Analysis of the Butcher Property September 8, 2004 Page 3 11 No Scale Va�leynli��Ro iy ti ` �d 71�31) ,` �(59) (41)S8 6 (74)29 2i41) (24S) 7S ~ r , 659 goo o-� �c U bb i 37(24) 16(10) Far 1012 NN� and 4- Figure 2 Hlz'n SITE `V- a to �..45(72) 4....192(144) t 9(37) Senseny Road (179)75 J r I (371)73 (49)39—% v AM Peak Hour(PM Peak Hour) Existing Traffic Conditions A Traffic Impact Analysis of the Butcher Property September 8, 2004 Page 4 No Scale Unsignalized Intersection vallcynli!lRoad '% C' ,a ate° ° 3° �c Unsignalized Intersection oa C(C) (c)c� Signalized n Intersection LOS = C(B) 659 SITE *Denotes Critical Unsignalized Movement AM Peak Hour(PM Peak Hour) Figure 3 Existing Lane Geometry and Levels of Service A Traffic Impact Analysis of the Butcher Property R-A.September 8, 2004 Page 5 PH Based upon the 71h Edition of the Institute of Transportation Engineers' (ITE) Tri Generation Report, PIIR+A has provided Table 2 to summarize the 2008 "other developments" trip generation. Table 2 "Other Developments" along Valley Mill Road/Clianning Road Trip Generation Summary AM Peak How• PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 210 Single -Family Detached 1,164 units 206 618 824 627 353 980 11,640 230 Townhouse/Condo 207 traits 15 76 91 75 37 112 1,801 820 Retail 120,000 SF 109 69 178 340 368 708 7,665 Total 330 763 1,093 1,042 758 1,800 21,105 The total 2008 background conditions were determined by summating the existing traffic volumes, the annual growth through 2008 and the "other developments" (Table 2) trip assignments. Figure 4 shows the 2008 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 5 shows the corresponding 2008 background lane geometry and AM/PM peak hour levels of service, All HCS-2000 levels of service worksheets are included in the Appendix section of this report. T A Traffic Impact Analysis of the Butcher Property September 8, 2004 6 PH 6 N "+ O No Scale ad %--. 43q (38 1 4(I35) (Sz) 74 g (178)62 (52) (3I3)g6 ry a �- o`b a� 0 a° h �e �lh 37(Zq) r 76(10) \ N�� ' , ( Fa!lnngtOnBOu/ova � rd �� 5PP O N N N en M in CIA tn %-61(92) t 4.245(184) j � 11(47) Senseny Road 657 (228)96 (474)93 (63)50—% �J 4- SITE AM Peak Hour(PM Peak Hour) Figure 4 2008 Background Traffic Conditions A Traffic Impact Analysis of the Butcher Property R+A September 8, 2 Pagee 7 PH 7 No Scale PY YD i H.,. Figure 5 Signalized to//ey�li//o p Intersection LOS = C(D) D(D) �r v 4� of,, Q1 Unsignalized Intersection U Pa C(C) j� Road 657 (C)C n Signalized r. b Intersection LOS = C(C) B�vard SITE 659 *Denotes Critical Unsignalized Movement AM Peak Hour(PM Peak Hour) 2008 Background Lane Geometry and Levels of Service A Traffic Impact Analysis of the Butcher Property PH September 8, 2004 Page 8 I PROPOSED TRIP GENERATION The total trips produced by and attracted to the Butcher Property were established ' using equations and rates provided in the 7th. Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 3 shows the trip generation results for the proposed Butcher Property site. Table 3 Butcher Property Trip Generation Summary AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 210 Single -Family Detached 69 units 14 43 58 48 28 77 690 Total 14 43 58 48 28 77 690 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. Figure 6 represents the distribution percentages for trips produced by and attracted to the Butcher Property development. Figure 7 shows the respective development -generated AM/PM peals hour trips and ADT assignments at key locations within the study area. 2008 BUILD -OUT CONDITIONS The Butcher Property assigned trips (Figure 7) were added to the 2008 background traffic volumes (Figure 4) to obtain 2008 build -out conditions. Figure 8 shows the 2008 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 9 shows the respective 2008 build -out lane geometry and AM/PM peak hour levels of service, All HCS-2000 levels of service worksheets are included in the Appendix section of this report. CONCLUSION The traffic impacts associated with the Butcher Property development are acceptable and manageable. All study area intersections will maintain acceptable overall levels of service "D" or better for 2008 build -out conditions. The intersection of Greenwood Road / Valley Mill Road will require traffic signalization, however, this will be required with or without the proposed development. � PHIZn A Traffic Impact Analysis of the Butcher Property September 8, 2004 Page 9 I i[Ira No Scale 1 I Valle n'1ill�oad 659 I I a� o° 3 e,4 �So Fminbton $oUf e� and SITE 656 1 Senseny Road 657 I 1 I I I �T TP+A Figure 6 Trip Distribution Percentages PH IS A Traffic Impact Analysis of the Butcher Property September 8, 2004 Page 10 No Scale �IiII Road V� �I (2) (5)2� b't! 659 'off 0 �o 04 2g(l6) 1803) ll F��1n NN� gton Boulevard SITE 656 �6v f� Sensenv Road 657 AM Peak Hour(PM Peak Hour) Figure 7 PHP/� Development -Generated Trip Assignments A Traffic Impact Analysis of the Butcher Property September 8, 2004 Page 11 �y G, \ a N o V)00 /'eynli11Road No Scale / j 434(38I) j (178)62 �� 80L S)3� (318)g8 ~ 659 M 0 �o r 4(23 ) F�Ington �) � SITE %.L 63(97) 1.4) 11(47) 1(47) 657 (236)98._Jf (474)93 --+ (63)50--% r J Figure 8 2008 Build -out Traffic Conditions PR+A H AM Peak Hour(PM Peak Hour) I A Traffic Impact Analysis of the Butcher Property September 8, 2004 Page 12 No Scale y�uStersectionignalized eY n t,pRoa In d / '� LOS = C(D) D(D) V Vr r Unsignalized Intersection U Cif C(C) Road ,� �� 657 (C)C I n Signalized C Intersection LOS = C(C) Bard SITE 659 *Denotes Critical Unsignalized Movement AM Peak Hour(PM Peak Hour) Figure 9 2008 Build -out Lane Geometry and Levels of Service A Traffic Impact Analysis of the Butcher Property PH + September 8, 2004 Page 13 APPENDIX HCS-2000 Worksheets H 1 Traffic Counts r�! j Butcher Impact Arialysis Stateme7lt E. Sewage Conveyance and Water Supply Gravity sewer of adequate size (8") will be extended from the complete Biiarwood system to the north. An 8" water main will be extended from Farmington Blvd to the west and terminate at the east property line providing for future extension and looping with the Channing Drive system. A network of local piping systems will connect to these existing facilities to provide service to the individual lots (see Figure 6). A maximuun of 69 single family homes will be served thus creating a demand for water and discharge for sewer of approximately 13,800 gpd. All facilities will meet FCSA requirements for ownership by the agency. FIGUKE b' Bracher Impact Analysis Statement F. Site Drainage Site drainage collects and leaves the site to the north via the intermittent stream channel. It is anticipated that low impact development techniques together with good erosion control practice will mitigate adverse stormwater discharge impacts. The preservation of riparian buffers containing mature woodlands will provide significant mitigation of nutrient losses. Actual specification of temporary and permanent facilities will be provided with fuial engineering and will comply with all County, State and Federal regulations. Street drainage will be provided by an enclosed storm sewer pursuant to VDOT standards. Special emphasis will be made to protect the stream channel through application of passive stormwater mitigation techniques. Figure 7 depicts the stormwater management plan for the Butcher site. FIGURE 7 Butcher. hnBact Analysis Statement G. Solid Waste Disposal Facilities The 69 single family detached lots will produce approximately 12 lbs. of solid waste per day for a total of 828 lbs. per day (.41 T/day) for the project. Solid waste from the project will be deposited in the Frederick County landfill following collection at citizen convenience/dumpster facilities or via private carner(s) contracted by neighborhood residents. ' Butcher Impact AnalysisStaterrzent II. Historic Sites and Structures There are no historic sites or structures impacted by this rezoning. Butcher Impact Analysis Statement I. Impact on Community Facilities The Frederick County Fiscal Impact Model was run by the county staff to reflect individual and collective fiscal impacts on community facilities. The applicant has offered per unit monetary contributions with the proffer statement equivalent to the calculated impacts to mitigate the effects on Frederick County. Specifically, the applicant has proffered to contribute $10,206 per unit at the time of building permit issuance. The total contribution is proffered to be allocated as follows: Fire and Rescue: Public Schools: Recreation & Parks Library: Sheriff's Office: Administration: TOTAL: $889.00 per unit $7,571.00 per unit $1,288.00 per unit $213.00 per unit $42.00 per unit $203.00 per unit $10,206 per unit An escalator clause is included with the proffer statement to mitigate the effects of inflation on the value of the proffered monetary contributions. This provision stipulates that any monetary contributions proffered by the applicant that are paid after 30 months from the date of rezoning approval will be adjusted pursuant to the Urban Consumer Price Index (CPI-U). � I � I � I I I IV FRE,o RICA"CovxT,rIMP,4CT MODEL OUTPUT MODULE APPLICANT: Bulchei Traci filet Fiscal Impact LAND USE TYPE RP Costs of Impact Credit: Credits to be Taken for Future Taxes Paid (NPVJ Total Potential Adjustment For REAL EST VAL $9,177.001) Required (entered in Cur. Budget Cur. Budget Cap. Future GIP( Tax Credits Revenue- Net Capital Net Cost Per FIRE & RESCUE = 4 Capital Facilities col sum only) Over Cap Equip ExpendlDebt S_ Taxes. Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit Fire and Rescue Department $62,202 $0 s0 S62,202 $889 Elementary Schools $300,138 - _ Middle Schools $176.554 $49.109 S236,393 S287,502 S205,545 $529,976 $7,571 High Schools $258.828 _ _ Parks and Recreation $107,450 $24,216 $24,216 $17,313 $90,137 $1,288 J Public Library S18,680 $5,224 $5,224 $3,735 $74,945 $213 I Sheriff's Offices S11,056 $9.059 $0 $2.258 $11,317 58,091 $2,965 $42 I Administration Building S14,165 $0 SO $0 S14.18E $203 Ocher tali"laneous Facilities _ S16,101 $17,455 $19,272 $36.727 $26.257 SUBTQTAL T!>67,197 $71,62§ I 057,6g5 S39,698 $354,985 $2b0.g41 4706,255 $10,d89 I LESS: NET FISCAL IMPACT $D 50 go $0 I NET CAP FACILITIES IMPACT $706.2,551 $10, B9 I I INDEX, "t.0"If Cap. Equip l9cluded 1.0 I INDF,C: "l .0",if R,ev-Cos{ Bat. ff Ratio to Co Avg: 0.0 Rev -Cost Gal = 0.533 PLANNING DEPT PAEFERENCES 1.f5 1,0 Rand to Co Avg: 0,715 f ETHOgOLbGY; 1. .� Capital facilities -� �^^ p requirements are input to the first oolymn as calctllatpd i� the madel. 2. Net Fiscal Impa5 NPV from operations calcuations is input in rorn+� total o seconi oglurdn 3. (zero jf negative): indluded are [he one-tirnti taxeshees for one yeler only { t hull vblue. NPV cif future oper etip equip taxes in (bird a4 calculated in fteal irri(Mots. 4. NPV bf ftiturd caphal expenditure paid column taxes paik in fouKh col As Calculated in �i$pal Apards. 5. NPV cif futurd taxes paid to bhhg current Cdt hty ufi to stariddrd fob new ill bt calcullaled for each new facility. I 6. Columns three ti�rouUh five lard added as p6tential credits against the cakuiated,capital, j facilitiis requtrementa. Thele a're a�u�ted, for per6hi of L&Ljs cbvefed 6y the revi nue. j from the project (actual, or as ratio to a);g. far an resrdentilel develbpiilenl;•. j I NOTE: Proffer calculations do (lot include include interest because [hey are casth paynienis uji front. Credits do include iritere$t If llie projdctt are det7t firianced. NOTES: Model Run Date 061�2(04 6MM r Projebt Desclription: Assumes 70 �ingie iimily d chtae�ed dwetlinbs qn 2b.99 acFes zon6d RP Distdd (PIN 554A•200) Due to changing conditions associated whtl develupr" in the Bounty, the results of this Output lulod ute may not be valid beyond a period bf 90 days frorrl the mddel run date. � I � I � I ' PROFFER STfl- MdlENT I PROPOSED PROFFER STATEMENT REZONING: RZ. # RA to RP PROPERTY: 29.99 Acres Tax Map Parcel 55-A 200 (the "Property") RECORD OWNER Briarwood LC APPLICANT: David B. Holliday PROJECT NAME: Butcher Property ORIGINAL DATE OF PROFFERS: September 7, 2004 REVISION DATA- 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 prior hereto. In the event that the above referenced rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. If this application is denied by the Board, but in the event that an appeal is for any reason thereafter remanded to the Board for reconsideration by a court of competent jurisdiction, then these proffers shall be deemed withdrawn unless the Applicant shall affirmatively readopt all or any portion hereof in a writing specifically for that purpose. 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, Butcher Property" dated July 1, 2004 (the "GDP"), and shall include the following: LAND USE: 1.1 Areas of residential development on the Property shall be developed in conformance with the regulations of the Residential Performance ("RP") zoning district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. Page 1 of 6 Butcher Proffer Statemew 1.2 Residential development on the Property shall not exceed a maximum of 69 ' single family detached dwelling units. 1.3 The project shall be comprised solely of single family, detached housing types. ' 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, and design standards, and ' this Butcher Proffer Statement as approved by the Board. 3. FIRE & RESCUE: ' 3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. ' 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unlit except those that may be designated as "age restricted". 5. PARKS & OPEN SPACE: 5.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. . ::W_N__ 6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7. SHERIFF'S OFFICE 7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 8. ADMINISTRATION BUILDING 8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit for construction of a general governmental administration buildn-ig upon issuance of building permit for each such unit. Page 2 of 6 Butcher Proffer Statement 0 10 11 12 CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other 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 space 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 street, 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. 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. ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Storm -water Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of Stormwater control in existing Virginia law at the time of construction of any such facility. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Butcher Property," prepared by Patton Harris Rust & Associated, dated September 8, 2004 (the "TIA"). The Applicant shall privately fund all transportation improvements required of this project. 12.2 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for a pro-rata share of the cost of installation of a traffic signal at the intersection of Farmington Boulevard and Greenwood Road. Page 3 of 6 Butcher Statement 12.3 The extension of Farmington Boulevard through the project shall be designed and constructed to include traffic calming measures acceptable to VDOT. 13. ESCALATOR CLAUSE: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors (`Board") within 30 months of the approval of this rezoning, as 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 ("CPI-U') published by the United States Department of Labor, such that at the time 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. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 4 of 6 Butcher Proffer Statement Respectfully submitted, DAVID B. HOLLIDAY By: Title: STATE OF VIRGINIA, AT LARGE FREDERICK- COUNTY, To -wit: The foregoing int stnime was ac1mowle ged before me this �) day - , o 2004, by ` My commission expires Notary Public �' Page 5 of 6 13E TTIE%ESI OW 55- o NRAL REST 11 : L ZONED:N E. CEME icMSLEY / LAW O. S. CO, INC. T S. EuL7C 55J-I-2 3 K7NC SSJ-1- 551 l-6-ti4 $A NLLE 55J-i-6-115 OUI \ 55J-1 6-11 CA if SJ-1-6-1' iAv- ORRICK CEMETERY CO, INC. 55—A-201 ZONED: RA USE CEMETERY BUTCHER PROPERTY gilbert w. Clifford & associates O a division of 0 GENE-RAUZED DEVELOPMENT PLAN Patton, Harris, Rust & Associates, pc O O 117 E. Picodilly St. Winchester, Virginia 22601 Il FREDERICK COUNTY, VIRGINIA VOICE: (540) 667-2139 FAX: (540) 665-0493 Page 6 of 6 � I ' AGENCYCOMdlENTS COUNTY of FREDERICK j Department of Public Works ® 540/665-5643 38` August 6, 2004 FAX: 540/678-0682 Mr. Charles E. Maddox, Jr., P.E. Vice President Gilbert W. Clifford and Associates, Inc. a division of Patton Harris Rust & Associates, p.c. ' 117 E. Piccadilly Street Winchester, Virginia 22601 I I RE: Butcher Rezoning Frederick County, Virginia Dear Chuck: We have completed our review of the proposed Butcher rezoning and offer the following comments: HES/rls cc: 1) The traffic impact analysis indicates that the proposed project will include 65 single family dwellings. The remainder of the rezoning application including the unpact model indicates 70 dwellings. This conflict needs to be corrected accordingly. 2) The discussion of solid waste disposal facilities indicates that the residents will use Frederick County dunipster sites for disposal of solid waste. In all probability, the residents will attempt to use the Greenwood convenience site located adjacent to the proposed project behind the Greenwood Fire Hall. However, the current site has exceeded capacity because of recent development in the Senseny Road/Greenwood Road area. The proposed development on the Butcher property will only serve to further exacerbate the problem. A curbside program implemented by the homeowners' association would be a preferable approach to solid waste disposal to avoid the long lines at the convetence site. I would welcome the opportunity to discuss continent 42 in greater detail. Sincerely, 1 HarveynQSrawsnyder, Jr., P.E. Director of Public Works Mark R. Cheran, Interim Zoning and Subdivision Administrator file AAbutcherrezcom.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 1G ., COS gw4l �� COUNTY of FREDERICK w Department of Planning and Development 540/665-5651 738 1FAX: 540/ 665-6395 738 ' August 2, 2004 Mr. Charles E. Maddox ' Gilbert W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 ' RE: Request for Historic Resources Advisory Board (HRAB) Comments Butcher Rezoning Dear Mr. Maddox: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. fhank you for the chance to conmient on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Mills Planner I CEM/bad 107 North Kent Street • Winchester, Virginia 22601-5000 RezoninLy Comments Butcher Historic Resources Advisory Board Mail to: Hand deliver to: Frederick County Frederick County Dept. of Planning & Development Dept. of Plaiming & Development 107 N. Kent Street Co. Administration Bldg., 4t Floor Winchester, VA 22601 107 N. Kent Street (540) 665-5651 Winchester, VA 22601 Applicant: Please fillout fire mfonnatioil as` accurately as possible in order, to assist the Histoic < Resotvices;Advisory Board with their review Attaclia copy of your ap`phcation form, location;` map, pi offer ta;temeut, impact analysis; and any athei per tment mfoi nation Applicant's Name: Gilbert W. Clifford & Assoc., laic. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Advisory Board Comments: Signature &Date: Notice to Advisory Board — Please Return This Form to the Applicant 0 i� P COMMONWEALTH ®f V IRG IN IA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 July 27, 2004 Mr. Charles E. Maddox, Jr., P.E., V.P. G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Ref: Butcher Rezoning Frederick County Dear Chuck: JERRY A. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 The documentation within the application to rezone this property appears to have a measurable impact on Farmington Boulevard and Greenwood Road. These route are the VDOT roadways which has been considered as the access to the property referenced. VDOT is offering the following comments in regards to the rezoning submittal: • The Traffic Impact Analysis has been forward to our District Office for review. Comments will be forthcoming. • The layout for the proposed subdivision as shown on Figure 4, although very preliminary in nature, will require some type of traffic calming measure on Farmington Boulevard. I am providing this comment at this stage of the development approval since it could potentially have an impact on the number of lots in the subdivision. • Please use a growth rate of 5% for the Traffic Impact Analysis (TIA). • It appears you did not include any of the proposed traffic fiom the development formerly known as Coventry Court Subdivision. • Please include the intersection of Route 657 and 656 in your study area for the TIA. • In your Table II, please label your "Other Developments" with the appropriate naive so the number of units can be verified.' • On your Figure 6, Trip Distribution Percentages, VDOT does not agree with your percentages showing no traffic heading east on Valley Mill Road. We believe some motorists will in fact utilize this road to access Route 7. VirginiaDOT.org WE KEEP VIRGINIA MOVING � I � I C Mr. Charles E. Maddox, Jr., P.E., V.P. Ref: Butcher Property July 27, 2004 Page #2 There appears to be no transportation proffers in this rezoning submittal although your development is in fact adding traffic to this area. Some suggested proffers could include a contribution to the improvement of Valley Mill Road from the intersection with Greenwood out to Route 7 East. Ili addition, a contribution could be applied to the reconstruction of the Route 656 South and Route 657 intersection to be aligned with Greenwood Road at the recently reconstructed portion. Lastly a suggested proffer could include a contribution to a firture signal at the intersection of Farmington Boulevard and Greenwood Road. • A signalization agreement shall be required for the intersection of Fannington Boulevard and Greenwood Road, Route 656. Before development, this office will require a complete set of constriction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. eiely; _ a j ' Ben H. Liine erry,'Jr.; P.E. Trans. Assistant Resident Engineer ' BHL/rf Enclosure — Comment Sheet Rezoning Comments Butcher Virginia Department of Transportation Mail to: Hand deliver to: Virginia Dept. of Transportation Virginia Dept. of Transportation Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 14031 Old Valley Pike Edinburg, VA 22824 Winchester, VA 22601 Applicant: Please fill out the mfor`.lnation as' accurately as possible m order Ito. assist the Vigima' Department of Transpoitatior_ with. then review.: Attach three copres of your`.- apphcatton locationmap; proffer staterrient, impact analysrs, and any other :'. p`ei tment infor matron'° Applicant's Naine: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Virginia Department of Transportation Comments: . VDOT Signature & Date: t Notice to Advisory Board — Please turn This Form to the Applicant I ,�Jk \SERVING THE TOP OF VIRIG31NIA July 26, 2004 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Chuck Maddox, P.E. Gilbert W. Clifford & Associates 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comments Butcher Property Redbud Magisterial District Dear Mr. Maddox: The above referenced proposal was reviewed. While the proposed development lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan will not impede operations at the Winchester Regional Airport. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, 6ky-)Oj" Serena R. Manuel Executive Director ezoning Comments Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540) 662-2422 Winchester Regional Airport Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA Butcher Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 " Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Winchester Regional Airport's Comments Acreage: Winchester Regional Airport Signature &Date: I Notice to Winchester Regional Airport — Please Return This Form to the Applicant 19 RezoninLy Comments Frederick County Department of Geographic Information Services (GIS) Attn: Marcus Lemasters, GIS Director 107 N. Kent Street Winchester, VA 22601 1�.1 �J 11GUll b.; 1;1GQJll 1111 VUL"{L11%... 11LLU1111LLL1v11 uo uvv uiuwry. - u. )epaitrnent of,GTS with there review ` Attach a copy: of your application form, location map Ir, ffei statement im act anal sis and _an other ei tmeut mfoi mation Y P Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Ract of (-,raPnwond Rnad (Rnute. 656)_ snuth and adiacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Department of GIS Comments: No comment at this time. Please submit road names for review and approval when they have been determined. GIS Signature & Date: �. Notice to De . of GIS — lease Return This Form to 4 Applicant I V Rezoi lnVr Co-wiments etcher i reder ick Coup-ty p 'pine t r Parks v De lire i,�n of Sir ii$ oL Recreation eatii3ri Mail to: T-land deliver to: Frederick County Txederick-County Dept of Parks & Recreation_ Department of -Parks-& recreation 1U7North-Kent -Street --Co. Ad.-�in�stratlon-Bldg.,-2"d-Floor Winchester, VA 22601 107 North Kent Street (540) 665-567o Winchester, VA 22601 Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C-. E IVladdo. , Jr. P.E. VP 117 E. Piccadilly Street, Suite 200 _ Wirrchestff-r, VA 22601 Location of Property: East of Greenwood Road (Route 656), south and adjacent to the briarwood Subdivision. Current Zoning: Zoning requested: Acreage: Dept, ,of Parka -&-Rvereattion £vmmen-ts: `the Rttiher-PT-On-ertY--re�--Oxii-r�,g- appl-ica-tion- appeaK-s- to- have addressed the -pen space -r-equireme�nts -and --offers a ,monetary p offer --to +e3.p offset -th-e demand f-or leisure-ser-va-ces-whach. -will -b-e -created by this --development. Signature & Date: 7 21 04 Notice -to- De -of karks-&Reitireatioar= P1e-arse-Return-Thi&-Fora_ to the Applicant La 12 RezoninL Comments Frederick — Winchester Health Department dco���yt���iG� 55-n -roc Butcher Mail to: Hand deliver to: Frederick -Winchester Health Dept. Frederick -Winchester Health Dept. Attn: Sanitation Engineer Attn: Sanitation Engineer 107 North Kent Street 107 North Kent St., Suite 201 Winchester, VA 22601 Winchester, VA 22601 (540) 722-3480 (540) 722-3480 Applicant,: Please f1110ut the inforrriation.as accurately as possible i 1 order to assist the, Frederick Win chestei Health Departmeht with'.theii review Attiieh �t copy of your appheation form, location inap,`p ,offer statement, : mpact:ana sis; land any. other ,per tiiient iiifoi matioii Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Frederick — Winchester Health Department's Comments: .0 htalA 060aG -7m e,z / ham Ad d�%GG � iyr GLDyac9 01 f ,Oro aaj z ( � -�-s a ff fiyr,0 a c o� �i � .� �i� er Signature & Date: Notice to eealthRepartment — Please Return This Form to the Applicant 15 Rezoning Comments Butcher Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Hand deliver to: Fred -Wine Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 Ap.phcan`t Please :.fill ouf thb_inform'atrori as 'acburately as possible n order ,to assist the Departnierlt of Public, Works :with'tlleir review Attach a copy,()f your :application'foi in, location`; map, pi offer statement, rmpact analysis; and. any other per tmeiit information410, Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester. VA 22601 Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Fred-Winc Service Authority's Comments: no CWWA& Fred-Winc ServiceAth ity's �. Signature & Date: UA ._ 7 1 64 Notice to Fred -Wine Service Authority — Please Return This Form to the Applicant 23 OFrederick County Public Schools ... to ensure all students an excellent eciucation Administrative Assistant Steve Kapocsi to the Superintendent kapocsis@frederick.k12.va.us July 12, 2004 Chuck Maddox, P.E. Gilbert W. Clifford & Assoc., Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Butcher Rezoning Dear Mr. Maddox: This letter is in response to your request for comments concerning the rezoning ' application for the proposed Butcher rezoning project. Based on the information provided, it is anticipated that the proposed 70 single family homes, will yield 12 high school students, 10 middle school students, and 28 elementary school students for a total of 50 new students upon ' build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative ' impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. ' The impact of this rezoning on current and future school needs should be considered during the approval process. ' Respectfully Yours, Steve ap ocsi Assistant Superintendent For Administration 7 I Copy: William C. Dean, Ph. D., Superintendent of Schools Al Orndorff, Assistant Superintendent for Administration r ' 1415 Amherst Street www.frederick.k12.va.us 540-662-3889 ext. 112 P.O. Box 3508 540-545-2439 Winchester, Virginia 22604-2546 540-662-3890 fax RezoninI4 Comments Butcher Frederick County Fire Marshal Mail to: Hand deliver to: Frederick Co. Fire Marshal Frederick Co. Fire & Rescue Dept. 107 N. Kent St. Attn: Fire Marshal Winchester, VA 22601 Co. Administration Bldg., ls` Floor (540) 665-6350 107 N. Kent Street Winchester, VA 22601 Apphcaut Please fill out the information as accurately,as possible in older to assist the Frederck ty.Fire Maishat with lus review: AttacYi a copy of your application fog m, ocation map, proffer statement, impact, analysis; and;any other per tineut:informtion Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Fire Marshal's Comments: Fire Marshal's Signature & Date�� v Notice to Marshal — Please Retu This Form to the Applicant 11 no n 11 Control number RZ04-0012 Project Name Butcher Property Rezoning Address 117 E.Piccadilly Street Suite 200 Type Application Rezoning Current Zoning RA Automatic Sprinkler System ' No Other recommendation Date received 7/7/2004 City Winchester Tax ID Number 55-A-200 Date reviewed 7/9/2004 Applicant G.W.Clifford & Associates State Zip VA 22601 Fire District 18 Recommendations Automatic Fire Alarm System No Date Revised Applicant Phone 540-667-2139 Rescue District 18 Election District Shawnee Residential Sprinkler System Yes Requirements ' Emergency Vehicle Access Hydrant Location Fire Lane Required Not Identified Not Identified Yes ' Siamese Location Roadway/Aisleway Width Special Hazards Not Identified Not Identified No Emergency Vehicle Access Comments ' Municipal water supplies for firefighting shall meet the requirements of Frederick County Code section 90-4 ' Access Comments Fire hydrants shall be located within 3 feet of the curb and landscaping shall not interfer with it's operation. ' Additional Comments No additional concerns over the rezoning proposal. pp Reviewed By Signature Plan Approval Recommended Yes Timothy L. Welsh Title _ �— FM UARSHAL, FREDERICK 4040W 11 j RezoninI4 Comments Butcher Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick Co. Sanitation Authority Frederick Co. Sanitation Authority Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, VA 22604 Stephens City, VA (540) 868-1061 Apphcaitt Please. fill out he mfornatlon as accuiatel'y as posslble-m oi,dei to;assistthe Sanitation Atthouty ,with then ieview ` Attach � copy o;f your application foi m, location map, tp� offex statement; impact aii�lysis,_ and any`otliei ,pei tiuentinfo-matYori' � ' ` `' ' Applicant's Naine: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester. VA 22601 Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Sanitation Authority Comments: 1VD co" ' i9 Sanitation Authority Signature & Date: Notice to Sanitation Aut io ty — Please Return This Form to the Applicant 14 VII su,R VE-MIA T (: � DEED L p o / a I b / SIZE / Mid 659 ROAD -RO'10 VICINITY MAP 1 "=1, 500' NOTES: 1. THE PROPERTIES SHOWN ON THIS PLAT ARE LOCATED ON ASSESSMENT MAP 55—((A))-200 AND ARE NOW IN THE NAME OF JAMES E. & ARDEYH 0. BUTCHER PER DEED RECORDED AT DEED BOOK,810 AT PAGE 1279 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 2. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOT THEREFORE NECESSARILY INDICATE ALL ENCUMBRANCES AND RESTRICTIVE COVENANTS ON THE PROPERTY. 3. THIS SURVEY IS BASED ON A CURRENT FIELD SURVEY. 4. THE EXISTENCE OF VEGETATED OR TIDAL WETLANDS WAS NEITHER INVESTIGATES NOR CONFIRMED DURING THE PERFORMANCE OF THIS SURVEY BY THIS FIRM. 5. IRF DENOTES REBAR FOUND 6. IRS DENOTES REBAR TO BE SET CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT BEARING CHORD Cl 1-16'23- 547.96 12.18 6.09 N21-38'21"E 12.18 BOUNDARY SURVEY OF THE PROPERTY OF JAMES E. & ARDEYTH 0. BUTCHER D.B. 810, PG. 1279 RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS NOTED DATE: FEBRUARY 2, 2004 D002342 gilbert w. clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 567-2139 SHEET 1 OF C1 ROUTE 656 IRS IRS N CZ �J N X N O GN I ���JI ri �,�zNllm 'mom TRACT II � � 0.1943 Ac. .6 o �D JII CA BETTIE E. WINSLOW zwlI D.B. 461, PG. 645 C,4 W T.M. 55-((A))-184 zrn�I STONE FOUND Z �� dd� 1pl . N O m m m z m m D Z m m A 0 J 8" LOCUST (R/W VARIES) — GREENWOOD ROAD N31'49'43"E _-�0. i sTATES I - ' -- 0 Z r_ co�— (LOT i W. LOT 9 8 LOT 7 o IRFI IRE1 IRFl p_ 1185.08' IRS LOT 30 m LOT IRF 31 In -- f�j 32 -v LOT cn v �� 33 0 7: LOT -N- �; m 34 LOT �) �LRF35- m TRACT I LOT 29.9891 Ac. . I�Z \0 p 00 �. \m nor N �1 175. m O �N -I 6 116 2 LO —m S35'18'07"W —'®--+�—1166.60' WIRE FENCE (MEAN EJ�RS) — —0 Z ORRICK CEMETERY COMPANY, INC. IRSI 118 rn D.B. 337, PG. 179 IRF�LO T.M. 55- A (( ))-201 �119 j X 0 200 400 BOUNDARY SURVEY OF THE PROPERTY OF TH 0 JAMES E. & ARDEYTH 0. BUTCHER D.B. 810, PG. 1279 1 "=200 tip'` `� RED BUD MAGISTERIAL DISTRICT O FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' DATE: FEBRUARY 2, 2004 o RANDY A. SfO1fERS a gilbert w. Clifford & associates No. 002342 A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION p4 CONSULTING ENGINEERING -LAND SURVEYING -PLANNING �D 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 2 OF stet bro n x 0 1 U I ?. 131•-C \ This Deed to made and data thin �� dny of-bkU11\,L.11—, \ \ 1993, by CAROL M. SHOUP, tun cols, party of the flrat pert, Grantor herein, and JAMES E. BUTCHER and ARDEYTH O. BUTCHER, hin wife, parties of the second pert, Grantees herein. MITWESSETH: That for and In consideration of the sum of 1\� Tan Dollars ($10.00), cash in hand paid, and other good and valuable Amelderation, the receipt of all of which is hereby acknowledged. the Grantor does hereby grant and convey, with g general warranty of title, unto the Grantees, in fee simple, as S E tenants by the entirety, with right of survivorship as if common ^! �' law, all of theme two (2) certain tracts of land, together with the �r rights. prSvilegee, Improvements and appurtenances thereunto $ belonging, located about three (3) miles east of Winchester, in �S ShOwnae Magisterial District, Frederick County, Virginia, lying a sbwt way north Of Seneeny Road and east of Greenwood Road, dmscrlbed as follows: Tract I was doe= l bed by Geed or Record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, In Deed Book 129 At Pugs lac as cont.alning twenty-nine (29 ) acres, two (2) roods and eighteen (18) poles end dercrlbed by Deed dated March b, 191s, of record in the afocwaid Clerk's Office in Deed book 137 at Page gas as adjoining the lands of BDexsole, Pater Maaran, and Jam" Ferguson. Tract II is described by Deed dated July 26, 1902, of record In the aforesaid Clerk's Office in Deed Book 122 at Page 517 as beginning at a point in a road leading from "e MrrYville Turnpike to Btnseny Road in the line of the land of James Ferguson, thence In Fergtiron's lira east seven hundred eighty - sewn and one-half (717 1/2) foot to Tract I &bow, thence In line of Tract I above north twelve (12) fast tc the line of the land of Sara J• Ebersole, thence west in said Ebersole's line seven hundred eighty -sewn and ontie-half (747 1/2) feet to said road, thence in line with said road south twelve (12) feet to the place of beginning (serving as a means on ingress and egress from the aforesaid road to Tract I). "a aforesaid tracts or land are the same land conveyq,1 to the Grantor as J;1aa__AgJ1, by Deed dated October 13, 1977, from utward T. Shoup, Rt`.1ili, of record in the aforesaid Clerk's office in roe" book 441 at Page 650, and it is also the some land that was the subject of the Contract of Sale from the Grantc,r to the Grantees. date November 21, 1977, and recorded in the aforanald Clark'* Office in Deed Book 534, Page 353. Reference In made to all of the aforesald records for a further and more particular description of the property hereby conveyed and a further derivation of the title thereof. Tris conveyance is made subject to all easements, rights of way, end restrictions of record affecting the subject property and specific -ally to thwt certain dead of trust from Edward T. SAexrp, l". to the Banc of Clarke County, ltAa, Trustees, dated August e. 1176. and recorded in the aforesaid Clark's Office In Deed gook 442, Aege 153. 7%" conveyance is made in gross and not by the acre. The Grantor covenants that she has the right to convey the subject real estate to the Grantees; that the Grantees shall bees Quiet and peaces le possession of the said property, free from all hens and encumbrances; and that she will grant such further aseuranoes of title as may be requisite. 1f1T = the following signature and seal. STM OF VIMMA CITY or WIMCKSOM , to wit t f I.��,aft%" S: -s` -C —1- 1, — , a Notary Public in and for the )hate of Virginia at Large, due hereby oertify that CAWL N. SUMP, whose ruse is signed to the foregoing Dead bearing date of Z?�;, ��T Q 21 has acknowledged the ease before se in BY State Ind City aforesaid. 2 Civen under my hand this day of jj:WU N(YrAkY ti Xy CORNISRiOn axpiret;i I'v Yra co �CT MIJ to "W w V4 Ch to "tar"� � anat d 56,U he" bCCn N". 7 ant brc 12/03/93 1378-kK HKf;I(I!-IZf;7 T1113 DEED OF THWIT in made and dntud this Ird dny !,1 December, 1993, by and between JAMFt; E. DUTC11EP and API)EYTH O. BU•11CIMR, his wife, partlen of the first part, herainnftor c:•alltul the Grantors, and E. EUGENE GUNTER, of Winchester, virginin, pnrty of the second part, hereinafter called the Trunta". WITHE33E71i: That for and In consideration of the rum of ONE DOLLAR (S1.00), cash in hand paid by the nnid Truatea to the Grantors, on or before the delivery of this Doad of Trust, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the said Trustee, in fee simple, together with all rignts, privileges, and improvesoonts and appu,-•tonances thorounto bulonginq, the following doa•cribod property: All of those two certain tracts of land, located about three miles East of Winchester, in Shawnee Kagisterial District, Frederick County, Virginia, lying a short way Worth of senseny Road and East of the Groonway Road. TRACT I was described by a deed of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 129 at Page 140 as containing 29 Acres, 2 roods and 18 poles and described by deed dated Karch 6, 1915 of record in the aforesaid Clerk's Office in Deed Book 137 at Page 364 as aid ?o l n l ng the lands of Ebbs t w l y, Po to t H amasj i and James fo rquson. TSAfT II described by deed dated July 26, 1902 of reoocd In the aforesaid Clerk's Office in Deed book 122 at Page 517 as beginning at a point In a road leading from the Berryville Tur•np i k.e to Senseny Road in the l i ne of the land of Jam * rerqueon, thence In rerquson's lire Eut 767% feet to (Tract I above), thence in line of (Tract I above) Worth 12 feat to the line of the land of Sara J. Ebersole, thence West in said Ebersole's line 787S feat to said rood, thence In 1 i ne said road South 12 feet to the place of beginning (serving as a Weans of Ingress and egress from the aforesaid road to Tract I). The foregoing two trects of land being the base land conveyed to the Grantors herein by Deed dated Doceabor 3, 1993, lroa Carol K. Shoup, tjn aoL, of record in the aforesaid Clerk's Office Immediately preceding this Deed of Trust. Reference is made to the said Deed for the a more particular description of the property herein conveyed. This convoyanc:e is made subject to till naRaiaant.r., rlyht.F: of way, and restrictions of record affecting rho Rubject property. IH TRUST HOWEVER, to socure payment to the holdnrr. of a certain !fond of even date herewith, in the principnl oum of 1"WF?JTY- rIVE THOUSAND DOLLARS ($25,000.00), together with Interest thereon at the rate of ten percent (;01) per annum. Intorent will bei payable monthly on the third (lyd) day of each month beginning on January 3. 1994, and the principal of this Bond, plus accrued intereat, will be due and payable one (1) year from data on December 7, 1994. Renewals and extensions of the foregoing debt are Permitted. :.'is Dyed of Treat is executed and is to be constrv-td in accordance with all the provisions of 155-59 end 155-60 of the Code of Virginia, and all amendments thereto, except as otherwise pcovi,fed herein. Advertisaamnts reguirrrd: A single publication of notice Of sale at leant fourteen (14) days before the data of sale in any neewspapar of general circulation oc published where the property is located. Comwission of two and one-half percent (2%%) of iadmDtedness due Trustee if property advertised but indebtedness paid before sale. Grantors small have right of anticipation without Penalty• exemption waived subject to all upon default. Insurance required against fire and other calamity in the amount of the original indebtsdDsss secured hereby. The holds" of the indebtedness secured by this Deed of Trust are hereby granted the power to appoint a substitute Trustee, or Trustave, in accordance with the provisions of 126-49 of the Code of Virginia in the event of the resignation, death, incapacity, disability, removal or absence from the state of a Trustees such substitute Trustee, or Trustees, shall be designated by instrument duly esceeuta4, acknowledged end recorded among the 2 lnml re'e'.irrIon wttnt'e !.Ire in of��t';,y {;: Ins nl �•il lll�l �:}i:i i I }.,•„- I },<, ,::�r... p.:wera na if or'le;irtally nnm,I hers (n. Tha proporty F(3curerl I,y till, (1 r+f '('runt_ rn;)/ r,(,t- i conveyixl to any other- person, firm <)r corpur+,tiorl, without t_he I prior written consent of the boneficinriarn and nn/ r.uch shall he conatrued as a default or the trunt. i ItQTZCL:_T i - D ' �T__;:FS11iiE1L11E1tt:17YrLi_.1.iSJi3JEG1'._:['Q. ''E.LL _lt! ; �'�--Qg-T� T� T;�'RrQ�Etti�tlQDiF�E��1LT1fL�:Ylrit.__QY_.�h1.1;_Q,t; �` 1liirbYAtiC!~ Oi .TIIE PROP�uTY ��CU FD i -RFisY WITNESS the following slgnaturas and seals: zee — epA I AMES E. L i.11,.1f1 �1)�4fci, . (SEAL) ARDCYTII O. BUTCHER STATE OF VIJtGIMIA, City of Mlnchwster, to -wit: 1. i-ClIX,n.c C�_i,�`� .. —, o Motory Public in and for the State and City aforesaid, do hereby certify that JAXES E. K1lC2» and ARASYYI9 0. SUTCHZR, hit wife, whose names are signed to the foregoing vriting, dated Doces+bar ], 1991, have personally ePPe red before me and acknovlodgod the sage in my State and City aforesaid. i Given under wy hand this &1day of �] y,. 1993. . NOTARY PUBLIC .�i MY Costsission expires:S}", 7,,�\0A�'_ :47C. N;X fAf OrIUCK COUNTY, SCT. 1 Ta3 sl ,l1u'+ /1: rI n r rt+Pt wa u>u[ed 1'7 L��a.' 1'l�wR1t tyrtr+eCJ1u► W , ,•A 11wtto aruwruxl wai e . f "'.0d CLLXK .us'. • rw.ao �+ w �MIM� w INllp BKUIL THIS DEED, weds this loth day of Decemb®r, 199), betweun C. C. LONGERB M, INC., a Virginia Corporation, of the one part, hereinafter called the Grantor, and CIIA13 E. JENNING0 t/a JLKNINuB CONSTRUCTION, of the other part, hereinafter called the Grantee. 111TNESSE7H: That in consideration of Ton Dollars (110.00) and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor door great with general wwrranty and, except as stated below, Cngliah covenants of title, unto the Grantee, in fee simple, the following described property, to -wit: All of that certain lot or parcel of land, together with the improvements thereon and the easements and other appurtenances thsreunto belonging, lying and being situate in Shawnee N,agisterial District, Frederick County, Virginia, and designated as LOT 111, SECTION II, CARLISLE KRIGIM SUBDIVISION, as shown on the plat and survey of H. Bruce ideas, C.L.S., dated January 19, 1989, attached to &nd made part of the deed of dedication of said subdivision, dated June 19, 1989, said dead of dedication being of record in the Office of the Clark of the Circuit court of Frederick County, Virginia, in Deed book 716, at tags 770, and the amended deed of dedication of said subdivision, dated April 17, 1991, recorded in Dead book 7S9, at Page 7941 and being a portion of the same property coaveyed to the Grantor herein by deed of Charles C. Longerbeam, at al, dated July 17, 1991, recorded in the aforesaid Clark's office in Deed book 762, at Page 1553. !deference is bore made to the aforesaid plats, deed of dedication, deed and the references contained therein for a further and more particularly description of the proparty convey ad hers i n . This conveyance is made subject to all duly recorded and enforceable restrictions, reservations, easements and rights of way. 1►IT%MU the f o l l ow inq s i gna tune and seal: C. C. LONG , I719. , OF VrMrXLA, AT 1A1lGi, CLWOOMmbr of W.nL#x-ylar- , t.o-wit: I, , a Notary Public certify that ; add - creme ,.�(� in and for the State �'��" i. i whose na" &a (h- of C. C. Langiorbea ; Inc., is signed to the torepoLnq ifritLnq, dated December 10, 1997, has sckmMledged the sass before me by and .on behalf of said corporation. Given under my hand this loth day of Dectvi ber, 199��' Ityconaissionexpires Julw ' d-, 1; .• ; , ragwk i11 OMM oOWM. Icy. The lrsew a•�no meow" M sr w w � 7ti•I,; ` • • • 1 ' M7�SL2 1s • -, y/„ No ary MbeyM4t�y -MwB%Oprr WMW ea �4d M �wr� iw MyiwN N' Mc W W.! 111 : J ,• • 6 A&•GP w/ 66,14 kAftl too A", I N"yby NI aLLB cu11# TAFFICAET Date: 7/01/04 ■-• COUNTY OF FREDERICK Time: 15:12:41 F- HEATHER M TAYLOR `000015919 Cust.Transactions: Trans. Type: PAY Dept/Bill#: RE200400041620001 P/I Date: 7/01/2004 7/01/2004 Name: BRIARWOOD. LC Bill Date: 6/06/2004 Half: 1 Name 2: Address: Map#: 55 A 200 ` 205 N CAMERON ST. MMMMMDDSSLLLLS } 01 WINCHESTER, VA _ Acreage:. 29.99 Dist/Cis 09 Zip: 22601 - 4803 Mortg.Co.: Desc: 29.99 ACRES SSN: 000 - 00 - 0000 000 - 00 - 0000 Status: Land: $128,200 Improve: $5,000 Use: $0 Original Bill: $486.18 Credits: $486.10 Discount: $.00 ........................ Date Type Drawer Trans# e Check Number Trans. Amount Balance 5/27/2004 PAY AFW 4920 MARA 1004 $486.18CR $.00 COMMENT 1-> Aba Value 0 COMMENT 2-> Paid.By BRIARWOOD, LC i. REZONING APPLICA TION BUTCHER PROPERTY July, 2004 Prepared By. gilbert w, clifford & associates a dMalon of Patton Harris Rust & Associates, pc 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 Frederick County, Virginia IMPACT ANALYSIS STATEMENT AND REZONING APPLICATION MATERIALS FOR REZONING REVIEW AND APPROVAL OF THE BUTCHER PROPERTY Shawnee Magisterial District September, 2004 Prepared by: Gilbert W. Clifford & Associates a division of Patton Harris Rust &Associates, pc 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2139 Fax:540-665-0493 Butcher Impact Analysis Statement Table of Contents I. Application Form II. Summary and Justification III. Impact Analysis A Site History and Project Background Figure I - Final Plat B. Location and Access Figure 2 - Location Map (aerial) C. Site Suitability Figure 3 - Planning Context Figure 4 - Site Characteristics Figure 3 - Generalized Development Plan (GDP) D. Traffic A Traffic ImpactAnady.ris of the Butcher Property E. Sewage Conveyance and Water Supply Figure 6 - Water and Sewer Extensions F. Site Drainage Figure 7 - Stormwater Management G. Solid Waste Disposal Facilities H Historic Sites and Structures I. Impact on Community Facilities IV. Frederick County Fiscal Impact Model Output V. Proffer Statement VI. Agency Comments VII. Survey Plat and Deed VIII. Tax Ticket I APPLICATION REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA 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: Gilbert W. Clifford & Associates/PHRA Telephone: 667-2139 Address: 117E Piccadilly Street Suite 200 Winchester Virginia 22601 2. Property Owner (if different than above) Name: Briarwood LC Address: 205 N. Cameron Street Winchester, VA 22601 3. Contact person if other than above Telephone: 667-2120 Name: Charles E. Maddox Telephone: 667-2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 1 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: David B. Holliday 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER USE Residential & Vacant RP -Single Family Detached (Urban) 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). East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Pa Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 55-A-200 Magisterial: Fire Service: Rescue Service: Shawnee Greenwood Greenwood Districts High School: Middle School: Elementary School: James Wood James Wood Senseny Road 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Re nested 29.9891 RA RP 29.9891 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 69 Townhome Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Sauare Footage of Proposed Uses Office Service Station Retail Manufacturing Restaurant Warehouse Other 1 12. Signature: J I (we), the undersigned, do hereby respectfully make application and petition the Frederick County ' Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site ' inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of ' Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. ' I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. A licant Date -G Applicant(s) (s) W. C or ssociates ' Date �Owner(s) Date 6P riarwo , 1 Date k u 11 II 11 it � I Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Vfrrgiinia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) David B. Holliday (Phone) 667-2120 (Address) 205 N_ Cameron Street Winchester_ Virg nia 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 810 on Page 1279 and is described as Parcel: 200 Lot: Block: A Section: 55 Subdivision: do hereby make, constitute and appoint: Chris Mohn (Name) PHRA— Charles_ E. Maddox Jr._ (Phone) 667-2139 address) 117E Piccadilly Street_ Suite 200 Winchester. Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified_ -Ml In witness thereof, IJ (we) have hereto set my (our) hand and seal this day o& 200 �>1 , State of Virginia, City/County of To -wit:- �C;(P V t Ca II—na ,ri_t,�j1j1 m-op-w-a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument pe onally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 741 day of p�00 (4. c My Commission Expires: -an c J fi j notary Public 11 Briarwood Section 3 ID # Name Address 55-A-184 Bettie E Winslow 711Greenwood Road, Winchester, W 55-A-201 Greenwood Baptist Church 778 Greenwood Road, Winchester, V, 55-A-201 Orrick Cemetery Co., Inc. 501 S. Braddock Street, Winchester, 55J-1-1-7 Rae an P & Jose R Ran el 102 Goldenrod Road, Winchester, VA 55J-1-1-8 Richard L & Sharon K Ivy 100 Goldenrod Road, Winchester, VA 55J-1-1-9 Randy L & Heather C Stotler 101 Orion Ct., Winchester, VA 22602 55J-1-1-10 Ruth H Tensley 103 Orion Ct,, Winchester, VA 22602 55J-1-1-11 Steven L Lamm & Angela Greenwalt 105 Orion Ct., Winchester, VA 22602 55J-1-1-12 Marlon A & Cynthia D Coffey 107 Orion Ct., Winchester, VA 22602 55J-1-2-30 Robert & Jennifer Douglas 302 Lilys Way, Winchester, VA 2260 55J-1-2-31 Lamont L & Lorretta E Lashley 304 Lil s Way, Winchester, VA 2260 55J-1-2-32 Christopher L & Vicki L White 306 Lil s Way, Winchester, VA 2260 55J-1-2-33 Alan C & Diane L Van Amburg 308 Lil s Way, Winchester, VA 2260 55J-1-2-34 Rhonda Mason 310 Lil s Way, Winchester, VA 2260 55J-1-2-35 Richard C Edlich 312 Lil s Way, Winchester, VA 2260 55J-1-2-36 Jerry S King & Scot W Marsh 39078 Old Valley Pike, Strasburg, V� 55J-1-2-36A Briarwood Estates Homeowners Assoc. P.O. Box 746, Stephens City, VA 226 55J-1-6-112 John D & Susan L Wallace 318 Lil s Way, Winchester, VA 226C 55J-1-6-114 David F & Lynn K Gwinn 202 Trefoil Ct., Winchester, VA 226C 55J-1-6-115 Alan R Saville & Leigh Ann Sweeney 204 Trefoil Ct., Winchester, VA 226C 55J-1-6-116 Michael A & Stacey L Quick 206 Trefoil Ct., Winchester, VA 226C 55J-1-6-117 Mark E & Laura L Quick 208 Trefoil Ct., Winchester, VA 226C 55J-1-6-118 Christopher S & Carla A Hammond 210 Trefoil Ct., Winchester, VA 226( II SMMARY ' Butcher impact Analysis Statement i II. Summary and Justification The Butcher property lies wholly within the Urban Development Area (UDA) and Sewer ' and Water Service Area (SWSA) of Frederick County, with access to Greenwood Road via Farmington Boulevard. The site is located adjacent to the Briarwood Estates subdivision, which the applicant in this petition successfully rezoned and developed over the course of ' the past decade. The development of the Butcher property will continue the established development pattern in this area, and will be integrated with adjoining neighborhoods through the extension of Farmington Boulevard. The rezoning of the site for single family residential development is consistent with the vision of the Comprehensive Policy Plan, which expressly calls for suburban residential uses ' } to predominate within the UDA. The site is accordingly designated for residential land use on the Eastern Frederick County Long Range Land Use Plan map. By using available land within the UDA, this rezoning promotes a dynamic housing market within the county's ' designated growth area, and therefore advances the important goal of reducing development pressure in the outlying rural areas. ' The applicant is confident that the proposed rezoning includes a proffer program that will appropriately and effectively mitigate the impacts of this development while simultaneously contributing to the regional transportation network The single family residential land use ' envisioned for the site is compatible with the surrounding community and consistent with ' the land use policies of the Comprehensive Policy Plan. As such, this rezoning request merits favorable consideration and approval. 1 III IffPAcTAVAL-rsis U Butcher Impact Analysis Statement III. Impact Analysis A Site Background and History The Butcher property consists of 29.9891 acres of land located within the UDA east of Greenwood Road within the Red Bud magisterial district. The site is adjacent to the built out Briarwood Estates subdivision, and is accessed via Farmington Boulevard. Prior use of the site was as a single family residence that is now vacant. The site is located in an actively developing residential area wherein public facilities have been installed through prior development and are readily available for extension into the ' site. Available facilities include water and sewer lines, road infrastructure, and regional stormwater management. The requested rezoning from RA (Rural Areas) to RP (Residential Performance) will ' enable continued development within the UDA in accord with the Comprehensive Policy Plan. The rezoning will serve to integrate the site with the surrounding community, which has already undergone the transition from the historical pattern of low density residential land uses to the suburban intensities envisioned by policy. The final plat is shown as Figurel. r (R/W VARIES) Cl ROUTE 656 — N GREENWOOD ROAD RS IRS cn o z �� a � N �`�o a►a FunN NII m TRACT II �� 0.1943 Ac. can I o J BETTIE E. WINSLOW DJ D.B. 461, PG. 645 ?wl) W T.M. 55-((A))-184 n S31'49'43"W 11.08' SET N 31 '49' 43"E STONE FOUND Z Ln co i41, rn N O m m m 0 TRACT I m 29.9891 Ac. A A Z 0 rn O v rn J 8* LOCUST OA 0. BRIARWOOD ESTATES Z I z .aai .^ co l / I � :0*LOT LOT 9 ! !S 8 LOT 7 o IR�� IRFI Rr IRS__-0_ 1185.08' IRS ! 0 Ln LOT �IRF31__ LO T Z 32 _m LOT o 33 --z- v LOT ry 4h. 34 N I � LOT co 35 m ( III------- LOT LOT m C7 S35'18'07"W 1117� WIRE FFENC N ESQ R�� 11� 66. 60u..-r.. — —0 Z — ORRICK CEMETERY COMPANY, INC. IRS, 1118 0)D.B. 337, PG. 179 IRF� LOT T.M. 55-((q))_201 � �119 j 0 200 400 BOUNDARY SURVEY OF THE PROPERTY OF I,TH OF JAMES E. & ARDEYTH 0. BUTCHER DD.B. 810, PG. 1279 I 1 „=200 , ��r RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1* - 200' DATE: FEBRUARY 2, 2004 o RANDY A. STOVERS a gilbert w. Clifford & associates U N0. 002342 A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING ''�D �tJIZVT 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 CHF"FT ') nc VICINITY MAP 1 "=1,500' NOTES: 1. THE PROPERTIES SHOWN ON THIS PLAT ARE LOCATED ON ASSESSMENT MAP 55—((A))-200 AND ARE NOW IN THE NAME OF JAMES E. & ARDEYH 0. BUTCHER PER DEED RECORDED AT DEED BOOK 810 AT PAGE 1279 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 2. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOT THEREFORE NECESSARILY INDICATE ALL ENCUMBRANCES AND RESTRICTIVE COVENANTS ON THE PROPERTY. 3. THIS SURVEY IS BASED ON A CURRENT FIELD SURVEY. 4. THE EXISTENCE OF VEGETATED OR TIDAL WETLANDS WAS NEITHER INVESTIGATES NOR CONFIRMED DURING THE PERFORMANCE OF THIS SURVEY BY THIS FIRM. 5. IRF DENOTES REBAR FOUND 6. IRS DENOTES REBAR TO BE SET CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT BEARING CHORD Cl 1'16'23" 547.96 12.18 6.09 N21'38'21"E 12.18 BOUNDARY SURVEY OF THE PROPERTY OF JAMES E. & ARDEYTH 0. BUTCHER D.B. 810, PG. 1279 RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS NOTED DATE: FEBRUARY 2, 2004 D002342 gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 1 OF 2 J FIGURE 1 Btctcher Impact Analysis Statement B. Location and Access The Butcher property is located east of Greenwood Road and south and adjacent to the Briarwood Estates subdivision. Access is provided from Greenwood Road by Farmington Boulevard, a minor collector roadway, which extends through Briarwood Estates - Section 1 to the west property boundary. Farmington Boulevard is intended to extend through the Butcher property providing internal project access as well as interparcel connections. The planned extension of Farmington Boulevard through the Butcher property will facilitate its ultimate connection with Charming Drive. This connection will be completed through development of an adjoining tract and result in a minor collector route parallel with Senseny Road that is included in the Eastern Road Plan. (See Figure 2) ' - i.. L 177 _ z e c tom` Estates Srctlar' Tiro *41,. ON • to or 00 Ow Se ............ ........... w ^,� "' _ � � 1. •�. �r � �- 4 1 4:- c� �, 1 r �> ��, � r' '?""e-•l,,,�/Qp�d s /a * ��} `Ct< a� /, t aa�:,! \ _ v a �• , ry ' gg Y � •} ' � ;fir _ � � �- vyt r. ,�- alr yeti a � - •^^- �. x r V - _ � 7. • 'k -rs. f Wit- ;.>- �1!,- � Vtl. '' �o BUTCHER PROPERTY gilbert w. clifford & associates a a dMsion of LOCATION MAP Patton, Harris, Rust & Associates, pc J 117 E Nca* St IlrndKsta, Virginia 72601 O O fREDER/CK COUN7Y, WRCINA VOICE (540) 667-2139 FAX. (5Q) 665-0493 FIGURE 2 Butcher Impact Analysis Statement C. Site Suitability The site does not contain conditions that would preclude or substantially hinder development activities. The following table provides an area summary of environmental features: Butcher Property Environmental Features Total Project Area 29.99 Acres Area in Flood Plain 0.00 Acres 0% Area in Steep Slopes 0.00 Acres 0% Area in Wetlands 0.9 Acres 3% Lakes & Ponds 0.00 Acres 0% The General Soil Map of the Soil Surve3� of Frederick County. Virginia indicates that the soils comprising the subject parcels fall under the Weikert-Berks-Blairton soil association, with the particular geology being Martinsburg shale. Such geology is prevalent on land located east of Interstate 81 and is not identified as prime farmland. The site is predominantly wooded and no history of agricultural use has been identified. Site elevations range from a high of 877 feet above sea level to a low of 838 feet above sea level with slopes ranging from 3% to 20%. A central intermittent stream channel bisects the site from south to north draining through the Briarwood Estates and Carlisle Heights subdivisions with confluence to Abrams Creek. Riparian buffers required by ordinance will be preserved on either side of the stream channel. A small area of wetlands has been identified on the site coincident with the path of the intermittent stream channel. Water and sanitary sewer facilities are available via the Briarwood Subdivision and have been sized to accommodate additional development. The site is ideally suited for use as a single family detached subdivision similar in density to the surrounding area. The following exhibits show the zoning context for the property (Figure 3), the characteristics of the site (Figure 4), and the proposed Generalized Development Plan (GDP) for the project (Figure 5). -7(yn'91-y KNAW :UNIW V-2830 " � ' C610-S99 (OiS) :XVJ 6CIl-L99 (09) --M 109ZZ DM6* `J2JA 7S !d 3 L I I Dd `saaoIDossy li asnd `suJDH `uollDd DGIN00 DN/NOZ Sa DIDOSSD 7Q PJO)jIlD 'M ljagli6 11d3d08d 83HO1178 1 ti � _ a a— JIG Douffiu s w or �1 ' LOB ! `- , s It I BUTCHER PROPERTY gilbert w. clifford & associates I I O a division of o SITE CHARACTERISTICS Patton, Harris, Rust & Associates, pc O O 117 E Piico* st Vrdw ker, **k 22601 FREDER/CK COUNTY, 14RGIN14 VOICE: (540) 667-2139 FAX: (540) %5-0493 FIGUHE S f-1bUKt IButcher Impact Analysis Statement D. Traffic A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. Using traffic generation figures from the I.T.E. Trip Generation Manual. 7th Edition, the TIA projects that the proposed development will produce 690 vehicle trips per day (VPD). The TIA further indicates that study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions. The TIA reveals modest peak hour delays at the Greenwood Road (Route 656) intersections with Valley Mill Road (Route 659) and Senseny Road (Route 657), which are attributable to anticipated background traffic growth. Farmington Boulevard will provide access to the project from Greenwood Road and will be extended by the applicant through the project to the east boundary. Construction of Farmington Boulevard will include traffic calming measures (such as "chokers") to enhance traffic control and improve safety for residents along the roadway. A system of local streets connecting with Farmington Boulevard will provide a satisfactory and manageable internal transportation system for the development. From a regional perspective, construction of the segment of Farmington Boulevard through the Butcher Property furthers implementation of the transportation improvements outlined by the Eastern Road Plan. The extension of Farmington Boulevard to its ultimate connection with Charming Drive will complete a minor collector route parallel to Senseny Road that will contribute to improved traffic conditions in the area. As currently aligned, Farmington Boulevard intersects with Greenwood Road opposite the planned location of Abrams Pointe Boulevard, which will serve as the primary access for the yet to be developed Abrams Pointe project to the west. This intersection will ultimately be signalized when warranted by VDOT, with the Abrams Pointe development already committed to sharing 50% of the cost. The applicant has proffered to enter into a i signalization agreement with VDOT to contribute 25% of the cost of signal installation. A Traffic Impact Analysis of the Butcher Property Located in: Frederick County, Virginia Prepared for: Dave Holliday 205 North Cameron Street Winchester, VA 22601 Prepared by: Patton Harris Rust & Associates, pc Engineers. Su rveyors. Planners. Landscape Architects. 201 Church Street, S.E Leesburg, Virginia 20175 P R T 703.777.3616 H F 703.777.3725 September 8, 2004 (Original Submission: June 14, 2004) OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Butcher Property to be located at the end of Farmington Boulevard, east of Greenwood Road (Route 656), in Frederick County, Virginia. The proposed project will include a total of 69 residential units with sole access provided via Farmington Boulevard. Built -out will occur over a single phase by the year 2008. PHR+A has provided Figure 1 to illustrate the location of the Butcher Property with respect to the surrounding roadway network. The study area encompasses Greenwood Road from Valley Mill Road (Route 659) to Route 657. Methodology The traffic impacts accompanying the Butcher Property site were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of the Butcher Property trip generation, • Distribution and assignment of the Butcher Property generated trips onto the completed road network, • Analysis of capacity and levels of service using the newest version of the highway capacity software, HCS-2000, for existing and future conditions. EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersections of Greenwood Road / Valley Mill Road and Greenwood Road/ Route 657. In order to determine the ADT (Average Daily Traffic) along the study area roadway links, a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 10% was assumed. Existing traffic volumes were obtained along Farmington Boulevard (Briarwood Subdivision Estates) based upon trip generation results for 88 existing single family detached residential units as calculated using the 71h Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 1 is provided to show the existing trip generation results along Farmington Boulevard. All count data are provided in the appendix section of this report. PHTZI� A Traffic Impact Analysis of the Butcher Property September 8, 2004 Page 1 No Scale Q� PHRA-_ Figure 1 P R 1 H a rl -- ------ aY Rd ID). h Mi. C-:� SITE Butcher Property Vicinity Map A Traffic Impact Analysis of the Butcher Property September 8, 2004 Page 2 ' Table 1 Existing Land Uses along Farmington Boulevard Trip Generation Summary AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 210 Single -Family Detached 88 units 18 53 71 61 34 96 880 Total 18 53 71 61 34 96 880 Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 3 shows the respective existing lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. 2008 BACKGROUND CONDITIONS PHR+A increased the existing traffic volumes along Greenwood Road, Route 657 and Valley Mill Road (west of Greenwood Road) using a conservative growth rate of five percent (5%) per year through Year 2008. Additionally, all trips relating to specific future "other developments" located along Channing Drive and Valley Mill Road were included. The following approved, but not yet completed, "other developments" were considered: • Toll Brothers; • Channing Drive Residential; • Giles Farm; • Fieldstone; • Abram's Pointe (Including Coventry Court Subdivision). Note: Coventry Court trips combined with Abrams Point are consistent with the revised Master Development Plan. A Traffic Impact Analysis of the Butcher Property September 8, 2004 Page 3 No Scale Figure 2 va!leIn yMrll Road 4 () 2( I) (245)75�' � �I '' � 659 0 ro �- aoo 1 R� b'ti�1 ti 37(24) I6(I0) 656 48(72) t *-192(144) J 9(37) Senseny Road 657 (179)75 —..4' I '( (371)73 .. i� (49)39� a J �✓ Existing Traffic Conditions SITE AM Peak Hour(PM Peak Hour) A Traffic Impact Analysis of the Butcher Property PSeptember 8, 2004 H Page 4 Unsignalized Va/ Intersection ley Mill Q No Scale Road (EjC C(F) �a x- V� F• Unsignalized Intersection Ca C(C) j N.\C", ad (C)C n Signalized Intersection LOS = C(B) B\Yard SITE 659 *Denotes Critical Unsignalized Movement AM Peak Hour(PM Peak Hour) Figure 3 Existing Lane Geometry and Levels of Service A Traffic Impact Analysis of the Butcher Property FhR-,A September 8, 2004 Page 5 Based upon the 71h Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Table 2 to summarize the 2008 "other developments" trip generation. Table 2 "Other Developments" along Valley Mill Road/Channing Road Trip Generation Summary Code Land Use Amount AM In Peak Hour Out Total PM Peak Hour In Out Total ADT 210 Single -Family Detached 1,164 units 206 618 824 627 353 980 11,640 230 Townhouse/Condo 207 units 15 76 91 75 37 112 1,801 820 Retail 120,000 SF 109 69 178 340 368 708 7,665 Total 330 763 1,093 1,042 758 1,800 21,105 The total 2008 background conditions were determined by summating the existing traffic volumes, the annual growth through 2008 and the "other developments" (Table 2) trip assignments. Figure 4 shows the 2008 background ADT and ANI/PM peak hour traffic volumes at key locations throughout the study area. Figure 5 shows the corresponding 2008 background lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. HPR� A Traffic Impact Analysis of the Butcher Property September 8, 2004 Page 6 1 a1leYltilill do I Rod `43¢(3g-1 No Scale a .11 (I(S2)7q�� �� 9t52)35) (3I3)62 96 ' �. •� '1 659 o ry �- a o`� a� 0 .o �c e, h ti ih 37(2q r I G(I0) j B oule„a�d O N � N N M L 61(92) 1-. 245(184) 11(47) sensenv Road 657 (228)96 �' (474)93 :► r (63)50-% a r v SITE AM Peak Hour(PM Peak Hour) Average Day Trips ' Figure 4 2008 Background Traffic Conditions PHRl� A Traffic Impact Analysis of the Butcher Property September 8, 2004 Page 7 No Scale Signalized va�leYA7i// p Intersection Road !� LOS = C(D) <c)C, D(D) � f� Unsignalized Intersection U q C(C) l� Road (C)c n Signalized C Intersection LOS = C(C) Bard SITE 659 *Denotes Critical Unsignalized Movement I AM Peak Hour(PM Peak Hour) Figure 5 2008 Background Lane Geometry and Levels of Service T A Traffic Impact Analysis of the Butcher Property ASeptember 8, 2004 Page 8 PH U 11 7 Li U PROPOSED TRIP GENERATION The total trips produced by and attracted to the Butcher Property were established using equations and rates provided in the 7th. Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 3 shows the trip generation results for the proposed Butcher Property site. Table 3 Butcher Property Trin Generation Summary r AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 210 Single -Family Detached 69 units 14 43 58 48 28 77 690 Total 14 43 58 48 28 77 690 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. Figure 6 represents the distribution percentages for trips produced by and attracted to the Butcher Property development. Figure 7 shows the respective development -generated AM/`PM peak hour trips and ADT assignments at key locations within the study area. 2008 BUILD -OUT CONDITIONS The Butcher Property assigned trips (Figure 7) were added to the 2008 background traffic volumes (Figure 4) to obtain 2008 build -out conditions. Figure 8 shows the 2008 build -out ADT and AIVUPM peak hour traffic volumes at key locations throughout the study area. Figure 9 shows the respective 2008 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. CONCLUSION The traffic impacts associated with the Butcher Property development are ' acceptable and manageable. All study area intersections will maintain acceptable overall levels of service "D" or better for 2008 build -out conditions. The intersection of Greenwood Road / Valley Mill Road will require traffic signalization, however, this will be irequired with or without the proposed development. A Traffic Impact Analysis of the Butcher Property September 8, 2004 R A Page 9 PH No Scale I I Valle mill PO ad 659 , I 21 �o b 0 _a° °4 FIZ-fiinb'ton Boulav�d SITE 656 Senseny Road 657 I I I I ■—T TP+ Figure 6 Trip Distribution Percentages A Traffic Impact Analysis of the Butcher Property PSeptember 8, 2004 HPage 10 No Scale Figure 7 PHR1� AM Peak Hour(PM Peak Hour) WE 1 Development -Generated Trip Assignments A Traffic Impact Analysis of the Butcher Property September 8, 2004 Page 11 No Scale Figure 8 a va11e Y11gi11Road h� h �` '� I %-- 434(38I (52)74 �1�(Z3 (178)62 a� i 5) (318)98 ~ l� ` h ti O N a C� �o oa ao ( 3 ) 4 I F�Ington ^~ I /) Bo�ey�d SITE 63(97) 4.245(184) 11(47) 657 (236)98.-* (474)93 — (63)50-- % J 2008 Build -out Traffic Conditions 659 AM Peak Hour(PM Peak Hour) WO-17IMIMMEM A Traffic Impact Analysis of the Butcher Property September 8, 2004 Page 12 1, ! 1 No Scate Signalized vapayndij, 0 Intersection ad LOS = C(D) (b)C ft*.0 3 D(D) 3� 1 659 ! pma D� VN 1 Fa�mi�Sto� 1 Bouiev Unsignalized and Intersection SITE 1 _1 1 656 U WAs C(C) ! Senseny Road l— (C)C % I 1 Signalized Intersection ! LOS = C(C) 1 *Denotes Critical Unsignalized Movement 1 P]R+A H AM Peak Hour(PM Peak Hour) --- ! Figure 9 2008 Build -out Lane Geometry and Levels of Service i ! A Traffic Impact Analysis of the Butcher Property RSeptember 8, 2004 13 HPage 1 5 APPENDIX 1 HCS-2000 Worksheets Traffic Counts Butcher Impact Analysis Statement E. Sewage Conveyance and Water Supply Gravity sewer of adequate size (8") will be extended from the complete Briarwood system to the north. An 8" water main will be extended from Farmington Blvd to the west and terminate at the east property line providing for future extension and looping with the Charming Drive system. A network of local piping systems will connect to these existing facilities to provide service to the individual lots (see Figure 6). A maximum of 69 single family homes will be served thus creating a demand for water and discharge for sewer of approximately 13,800 gpd. All facilities will meet FCSA requirements for ownership by the agency. F/GUKE Butcher Impact Analysis Statement F. Site Drainage Site drainage collects and leaves the site to the north via the intermittent stream channel. It is anticipated that low impact development techniques together with good erosion control practice will mitigate adverse storm -water discharge impacts. The preservation of riparian buffers containing mature woodlands will provide significant mitigation of nutrient losses. Actual specification of temporary and permanent facilities will be provided with final engineering and will comply with all County, State and Federal regulations. Street drainage will be provided by an enclosed storm sewer pursuant to VDOT standards. Special emphasis will be made to protect the stream channel through application of passive storm -water mitigation techniques. Figure 7 depicts the storm -water management plan for the Butcher site. i J rivur�c Butcher Impact Analysis Statement G. Solid Waste Disposal Facilities The 69 single family detached lots will produce approximately 12 lbs. of solid waste per day for a total of 828 lbs. per day (.41 T/day) for the project. Solid waste from the project will be deposited in the Frederick County landfill following collection at citizen convenience/dumpster facilities or via private carrier(s) contracted by neighborhood residents. ' Butcher ImpactAnalysis Statement H. Historic Sites and Structures ' There are no historic sites or structures impacted by this rezoning. 1 i 1 Butcher Impact Analysis Statement I. Impact on Community Facilities The Frederick County Fiscal Impact Model was run by the county staff to reflect individual and collective fiscal impacts on community facilities. The applicant has offered per unit monetary contributions with the proffer statement equivalent to the calculated impacts to mitigate the effects on Frederick County. Specifically, the applicant has proffered to contribute $10,206 per unit at the time of building permit issuance. The total contribution is proffered to be allocated as follows: Fire and Rescue: Public Schools: Recreation & Parks Library: Sheriff's Office: Administration: TOTAL: $889.00 per unit $7,571.00 per unit $1,288.00 per unit $213.00 per unit $42.00 per unit $203.00 per unit $10,206 per unit An escalator clause is included with the proffer statement to mitigate the effects of inflation on the value of the proffered monetary contributions. This provision stipulates that any monetary contributions proffered by the applicant that are paid after 30 months from the date of rezoning approval will be adjusted pursuant to the Urban Consumer Price Index (CPI-U). L I L -via FR�9,RICI-COUv-7".YIMP,4CT MO-DIEZ m m N m w T Q d n w Q Z Z Z Q J 0 U to w IY w In m m L0 In !n LO m Zr In (Y) v m m N N N u] m OUTPUT MODULE APPLICANT: ©ulcher Trait LAND USE TYPE RP REAL EST VAL $9,177.000 FIRE & RESCUE = 4 Fire and Rescue Department Elementary Scfwols Middle Schools lilgh Schools Parks and Recrealion Public Library Sheriffs Offices Administration Building Other Miscellaneous Facllitilau SUBTQTAL LESS: NET FISW IMPACT NET CAP FACILITIES IMPACT t4el Fiscal Impart Costs of Impact Credit: Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For Required (entered in Cur. Budget Cur, Budget Cap. Future CIP! Tax Credits Revenue. Net Capital Net Cost Per CapRal Facilities col sum only) Over Cap Equip ExpendlDebl S. Taxes. Other (Unadjusted} Cost Balance Facilrlles Impact Dwelling Unil $62.202 $D s0 $62,202 $889 $300,138 - - $176,554 $49,109 9238,393 S287,502 S205,545 $529,975 $7.571 $258,828 - - $107,450 $24,216 $24,216 $17,313 $90,137 $1,26B $16,680 $5,224 $5,224 $3,735 $14,045 $213 $11,050 $9,059 $0 $2,258 $11,317 $8,091 $2,965 $42 $14,111115 $0 $o $0 $14.188 $203 $17,455 $19,272 $36,727 $26.257 $0- 30 P67,197 $D $71,6213 057,6Q5 $31,698 $364,985 $0 $260,941 $0 $705.265 $10.689 ' �� '$0 INDFJ(: "t.0" Ir Cpp. Equip Inclined i.0 INDE�-. "1.0" if Rpv-Cost Ba`,' O.W ff Ratio to go Avg: ev 0.0 R-Cost �al rf 0.533 PLANNING DEPT PREFERENQES 1.6 1.0 Baud to Po vg: 0.715 114ETHO0OLbGY: 1, Capital facilities requirements are input to the first oolymn as ealcbIakpd ih nd the model. 2. Net Fiscal Impao NPV from opgrations caloufetions is mpul in rmS total secoeglurrin (zero if negative): inyluded one (he one-llmt taxesffees for one year only l full vbluQ. 3. NPV bf luturd oper chp equ$ (axes paid in third column a calculated in ikgl Worts. 4. NPV cif fuluri capital expenditure taxes pah in touIrth pot As I:ailcuia(gd in hoal Ililpacls. 5. NPV car fulurd lazes paid to bhhg current cdwlty ud to 6tartddrd fob ngiv (AtAfts, hg calculbled for eaph ew facility., 6. Columns jduee tllroubh fjve ird added as p6tential c"its agglnsl (hp cakulaled balpifal (acilitilas requirements. Th4e are adjusted, for per6ehl of 6tls cblreted 0 the rbvbnuei from the project (actual, or as ratio to ayg. (or an risid�rdirjl develhpli)enl). NOTE: Proffer calculations do rot include include interest because (hey are ca§h payrrienis u(i Iront. Cmdlis do includb imeicb; II the krojelct5 are ddyt firlangad NDTES: Mode Run Date 061�2/g4 6MM l ProjeEt EJesdriplion: Assumes 70 ?angle I1mily detached dwellinbs qn 29.�q aces zon6d RP bistricf (PIN 55�A-200). Due to changing condilions as"ciAled wi4i developn{ent in the Bounty, lthe results of this Output Module may not be valid beyorxl a period bf 90 ddys front the niddel run date. I I PROFFFRST4TEffEN?�' w PROPOSED PROFFER STATEMENT REZONING: RZ. # RA to RP PROPERTY: 29.99 Acres Tax Map Parcel 55-A 200 (the "Property") RECORD OWNER Briarwood LC APPLICANT: David B. Holliday PROJECT NAME: Butcher Property ORIGINAL DATE OF PROFFERS: September 7, 2004 RE VISION DATA N/A The undersigned hereby proffers that the use and development of the subject property ("Propert-'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. If this application is denied by the Board, but in the event that an appeal is for any reason thereafter remanded to the Board for reconsideration by a court of competent jurisdiction, then these proffers shall be deemed withdrawn unless the Applicant shall affirmatively readopt all or any portion hereof in a writing specifically for that purpose. 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, Butcher Propert3�' dated July 1, 2004 (the "GDP"), and shall include the following: LAND USE: 1.1 Areas of residential development on the Property shall be developed in conformance with the regulations of the Residential Performance ("RP") zoning district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. Page 1 of 6 7 Butcher Proffer Statement 1.2 Residential development on the Property shall not exceed a maximum of 69 single family detached dwelling units. 1.3 The project shall be comprised solely of single family, detached housing types. 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, and design standards, and this Butcher Proffer Statement as approved by the Board. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit except those that may be designated as "age restricted". 5. PARKS & OPEN SPACE: 5.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6. LIBRARIES: ' 6.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. ' 7. SHERIFF'S OFFICE ' 7.1 The Applicant shall contribute to the Board the sum of $42.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. ' 8. ADMINISTRATION BUILDING 8.1 The Applicant shall contribute to the Board the sum of $203.00 per dwelling unit for construction of a general governmental administration building upon ' issuance of building permit for each such unit. ' Page 2 of 6 U 11 Butcher Proffer Statement 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other 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 maybe assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (1) common solid waste disposal programs, if they decide to use a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, 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. 11. ENVIRONMENT: 11.1 Storm -water management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Storm -water Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Butcher Property," prepared by Patton Harris Rust & Associated, dated September 8, 2004 (the "TIA'). The Applicant shall privately fund all transportation improvements required of this project. 12.2 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for a pro-rata share of the cost of installation of a traffic signal at the intersection of Farmington Boulevard and Greenwood Road. Page 3 of 6 Butcher Proffer Statement 12.3 The extension of Farmington Boulevard through the project shall be designed and constructed to include traffic calming measures acceptable to VDOT. 13. ESCALATOR CLAUSE: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as 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 ("CPI-U") published by the United States Department of Labor, such that at the time 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. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 4 of 6 Butcher Proffer Statement Respectfully submitted, DAVID B. HOLLIDAY By: Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrume t was acknowle ged before me this day o , 2004, by ` f 'c My commission expires a,n )� Notary Public Page 5 of 6 N, 55-A 184 ONED: RF ESi VRAL S T— NSLEY --r-70 IAMB} (C . ETERY CO, INC. 55-.A 01 ZONED: A K,WG 1-1-. CRRICK CEMETERY CO, INC. 55-A-201 ZONED: RA USE: CEMEicRY BUTCHER PROPERTY gilbert w. Clifford & associates O a division of GENERAL/ZED DEVELOPMENT PLAN Patton, Harris, Rust & Associates, pc 117 E. Picodily St. Vkhester, Vginia 22601 O O v'oICE (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, l/lRGlNL4 Page 6 of 6 AGL'NCYCoffff V rs Acy . r COUNTY of FREDERICK w � Department of Public Works 5401665-5643 1738 738 August 6, 2004 FAX: 540/678-0682 Mr. Charles E. Maddox, Jr., P.E. Vice President t Gilbert W. Clifford and Associates, Inc. a division of Patton Harris Rust & Associates, p.c. 117 E. Piccadilly Street ' Winchester, Virginia 22601 ' RE: Butcher Rezoning Frederick County, Virginia _ Dear Chuck: n 1 We have completed our review of the proposed Butcher rezoning and offer the following comments: 1) The traffic impact analysis indicates that the proposed project will include 65 single family dwellings. The remainder of the rezoning application including the impact model indicates 70 dwellings. This conflict needs to be corrected accordingly. 2) The discussion of solid waste disposal facilities indicates that the residents will use Frederick County dumpster sites for disposal of solid waste. In all probability, the residents will attempt to use the Greenwood convenience site located adjacent to the proposed project behind the Greenwood Fire Hall. However, the current site has exceeded capacity because of recent development in the Senseny Road/Greenwood Road area. The proposed development on the Butcher property will only serve to further exacerbate the problem. A curbside program implemented by the homeowners' association would be a preferable approach to solid waste disposal to avoid the long lines at the convenience site. I would welcome the opportunity to discuss cominent 42 u1 greater detail. Sincerely, Harvey E. 6rawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Mark R. Chenui, Interim Zoning and Subdivision Administrator file A:\hutcherrezconi.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 G r CO COUNTY of FREDERICK ' w Department of Planning and Development 5401665-5651 ,.�w FAX: 540/ 665-6395 August 2, 2004 Mr. Charles E. Maddox Gilbert W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Request for Historic Resources Advisory Board (HRAB) Comments Butcher Rezoning Dear Mr. Maddox: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, v Candice E. Mills Planner I I CEM/bad r Im 11 1 107 North Kent Street • Winchester, Virginia 22601-5000 Rezoning Comments Butcher Historic Resources Advisory Board Mail to: Hand deliver to: Frederick County Frederick County Dept. of Planning & Development Dept. of Planning & Development 107 N. Kent Street Co. Administration Bldg., 4t Floor Winchester, VA 22601 107 N. Kent Street (540) 665-5651 Winchester, VA 22601 Applicant: Please fill out the u�forrnatioii as accurately as possible m .order to assist. the Histonc.; Resources .Advisory hoard with their review Attach ,a copy of your application form, Iocatron map, proffer statement, impact analysis,; and any, other pertment information t Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox Jr. P.E., VP 117E Piccadilly Street Suite 200 Winchester, VA 22601 Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Advisory Board Comments: Signature & Date: Q Notice to Advisory Board — Please Return This Form to the Applicant M COMMONWEALTH of VIRGINIA ' DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE JERRYA. COPP COMMISSIONER EDINBURG, VA 22824 RESIDENT ENGINEER ' July 27, 2004 FTEL AX (540) 984-560 FAX (540) 984-5607 ' Mr. Charles E. Maddox, Jr., P.E., V.P. G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Ref: Butcher Rezoning ■ Frederick County Dear Chuck: ' The documentation within the application to rezone this property appears to have a measurable impact on Farmington Boulevard and Greenwood Road. These route are the VDOT roadways ' which has been considered as the access to the property referenced. VDOT is offering the following comments in regards to the rezoning submittal: I • The Traffic Impact Analysis has been forward to our District Office for review. Comments will be forthcoming. ' a The layout for the proposed subdivision as shown on Figure 4, although very preliminary in nature, will require some type of traffic calming measure on Farmington Boulevard. I am providing this comment at this stage of the development approval since it could ' potentially have an impact on the number of lots in the subdivision. • Please use a growth rate of 5% for the Traffic Impact Analysis (TIA). • It appears you did not include an of the proposed traffic from the development formerly pp Y Y p p known as Coventry Court Subdivision. • Please include the intersection of Route 657 and 656 m your study area for the TIA. ' • In your Table II, please label your "Other Developments" with the appropriate name so the number of units can be verified. • On your Figure 6, Trip Distribution Percentages, VDOT does not agree with your percentages showing no traffic heading east on Valley Mill Road. We believe some ' motorists will in fact utilize this road to access Route 7. VirginiaDOT.org WE KEEP VIRGINIA MOVING ' Mr. Charles E. Maddox, Jr., P.E., V.P. Ref: Butcher Property ' July 27, 2004 Page #2 ' • There appears to be no transportation proffers in this rezoning submittal although your development is in fact adding traffic to this area. Some suggested proffers could include a contribution to the improvement of Valley Mill Road from the intersection with ' Greenwood out to Route 7 East. In addition, a contribution could be applied to the reconstruction of the Route 656 South and Route 657 intersection to be aligned with Greenwood Road at the recently reconstructed portion. Lastly a suggested proffer could ' include a contribution to a future signal at the intersection of Farmington Boulevard and Greenwood Road. • A signalization agreement shall be required for the intersection of Farmington Boulevard and Greenwood Road, Route 656. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.I.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. ' Thank you for allowing us the opportunity to comment. erely; 1 ' Ben H. Lineberry,'Jr.,- P.E. Trans. Assistant Resident Engineer BHL/rf Enclosure — Comment Sheet Rezonin Comments Butcher Virginia Department of Transportation Mail to: Hand deliver to: Virginia Dept. of Transportation Virginia Dept. of Transportation Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 14031 Old Valley Pike Edinburg, VA 22824 Winchester, VA 22601 Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117E Piccadilly Street Suite 200 Winchester VA 22601 Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Virginia Department of Transportation Comments: . VDOT Signature & Date: V —.2> r—T Notice to Advisory Board — Please This Form to the Applicant 1 J-- 9oWINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD TOWINCHESTER, VIRGINIA 22602 41--_.,(540) 662-2422 July 26, 2004 Chuck Maddox, P.E. Gilbert W. Clifford & Associates 117 East Piccadilly Street, Suite 200 Vlinnhr=ytar, Virginia 22601 Re: Rezoning Comments Butcher Property Redbud Magisterial District Dear Mr. Maddox: The above referenced proposal was reviewed. While the proposed development lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan will not impede operations at the Winchester Regional Airport. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, 6Rq-v" Serena R. Manuel Executive Director I I I I I I I I I � I � I � I U I Rezoning Comments Butcher Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540) 662-2422 Winchester Regional Airport Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA , Applicant Please fill. `6 as,,possible -�J`JRPgicnal Airport with., th.,ir .rc�ie�ti �ttucli a copy. vf; yous a�pi�ca��on r��m; ioca�ion maps Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 .Winchester, VA 22601 Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Bniarwood Subdivision. Current Zoning: Zoning Requested: Winchester Regional Airport's Comments Acreage: I., Winchester Regional Airport Signature & Date: ` / 1�`'l� 7" Notice to Winchester Regional Airport — Please Return This Form to the Applicant t� p I 19 Rezonin6 Comments Butcher Frederick County Department of Geographic Information Services (GIS) Attn: Marcus Lemasters, GIS Director 107 N. Kent Street Winchester, VA 22601 Applicant; Please ,fill out- the information as accurately as possible m order to assist th€ 1epartrneiit of GIS with their zeview Attach a copy of"your application form, location map. proffer statement, impact analysis; and any other pertinent mformation t E Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: [Department of GIS Comments: No comment at this time. Please submit road names for review and approval when they have been determined. GIS Signature & Date: Notice to De . of GIS — lease Return This Form to t e Applicant 21 Rezoning CoMA-Dents ! utcher kL Frederick ick 1..i3uu-, Y Depar-I eri i O Parks Os. 3iCt'r ediliirl Mal to: Hand deliver to: Frederick »n#y ..F'xederick_CoLnty D-ep:-o€Parks & R—ecreation D partme nt o.,f. Parks -&- Recreation ILU7- I _-, J,-Kent_St.- t -Co. t'1[i11111S 11a 1Gn-�LL1�'.,� 111V or 1 V / lit Vl 1 ll+ei Winchester, V A 22601 107 North Kent Street (540) 665-5678 Winchester, ETA 224601 Applicant's Name: Gilbert W. Clifford & Assoc., h-ic. Pho.=: 540 )667-2139 Maiag, Address: c/o C. E: Mgd-doo . Jr. P.E..'v'P 117E Piccadilly Street, Suite 200. Winmhester, VA 22601 Loca on ofrroperty: East of G reenwood Road (Route 656), south and adjacent to the $riaiwood Su divlatan. Current Zoning: Zonflg RequestecL Acreage: veri, iuxl Parks - i--R:eereatiou -Cvmmenu: ; Th �, her re�ori apl-isa�a wears tom- have addressed the -open, -space -requiremezrts -and -offers a mon-e-tarypro_lfer --to +eIp Offset -U e..dDma for leisur-e -wh-I h -will -by _r , -s development_ 7/21/04 � Signature & Dater � l office to De � 2e+creat �s— MI-etnrn-Thal l�'orm to the Applicant La 12 55-A 00 Rezoning Comments Butcher Frederick — Winchester Health Department Mail to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Apphcant: Please:fill:out the,.informatiori as accurately as possiblem order to assist the Fredenck chester HealthDepartmeiit with:their review; Attach a copy of„your application form, location map, proffer"statement, impact analysis;'and any otherpertment information Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox Jr. P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester. VA 22601 Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Frederick — Winchester Health Department's Comments: 79.0 ICY.P�Z i?A,O 6 J'L/-s7�.C. Signature & Date: _1S— d fl Notice to dealth Department — Please Return This Form to the Applicant 15 i i Rezonin Comments Butcher Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Hand deliver to: Fred -Wine Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 Applicant:: Please fill out °the information as accurately as possible iri order to assist the Department of Public Works with their reaiew Attach a copy of your application form, location map;, proffer statement, impact analysis;: and any other pertinent information _ Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox Jr. P.E., VP 117E Piccadilly Street Suite 200 Winchester, VA 22601 Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Fred-Winc Service Authority's Comments: 1►o GOwtN�,d�4 Fred-Winc Service A th .ty's Signature & Date: Notice to Fred- inc Service Authority — Please Return This Form to the Applicant 23 0 Frederick County Public Schools to ensure all st-u l�:nt an 2—"CEile f�-�%iC�iL �r Administrative Assistant Steve Kapocsi to the Superintendent kapocsis@frederick.k12.va.us July 12, 2004 Chuck Maddox, P.E. ' Gilbert W. Clifford & Assoc., Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Butcher Rezoning Dear Mr. Maddox: This letter is in response to your request for comments concerning the rezoning application for the proposed Butcher rezoning project. Based on the information provided, it is ' anticipated that the proposed 70 single family homes, will yield 12 high school students, 10 middle school students, and 28 elementary school students for a total of 50 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. ' Respectfully Yours, ' Steve Kapocsi Assistant Superintendent For Administration I Copy: William C. Dean, Ph. D., Superintendent of Schools Al Orndorff, Assistant Superintendent for Administration ' 1415 Amherst Street www.frederick.k12.va.us 540-662-3889 ext. 112 P.O. Box 3508 540-545-2439 540 662-3890 fax Winchester, Virginia 22604-2546 RezoniniZ Comments Butcher Frederick County Fire Marshal Mail to: Hand deliver to: Frederick Co. Fire Marshal Frederick Co. Fire & Rescue Dept. 107 N. Kent St. Attn: Fire Marshal Winchester, VA 22601 Co. Administration Bldg., I" Floor (540) 665-6350 107 N. Kent Street Winchester, VA 22601 I. 7Pxit`7trP formatately as possMarshal with lus review♦ Attach a copy of your ;application form, °location map, proffer statement, impact analysis;' and any other,pertment information _ Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester VA 22601 Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Fire Marshal's Comments: Fire Marshal's Signature & Date��� Notice to Marshal — Please Retl This Form to the Applicant 11 Control number RZ04-0012 Project Name Butcher Property Rezoning Address 117 E.Piccadilly Street Suite 200 Type Application Rezoning Current Zoning Frederick County Fire and Rescue Department office of the Fire Marshal :.Plan F-�e�r���rr and Corgi gents Date received 7/7/2004 City Winchester Tax ID Number 55-A-200 Date reviewed 7/9/2004 Applicant G.W.Clifford & Associates State Zip VA 22601 Fire District 18 Date Revised Applicant Phone 540-667-2139 Rescue District 18 Election District ' RA Recommendations Shawnee Automatic Fire Alarm System Residential Sprinkler System Automatic Sprinkler System Yes No No Other recommendation Re Uire ments Emergency Vehicle Access Hydrant Location y Fire Lane Required ' Not Identified Not Identified Yes Roadway/Aisleway Width Special Hazards Siamese Location Not Identified No ' Not Identified ' Emergency Vehicle Access Comments Municipal water supplies for firefighting shall meet the requirements of Frederick County Code section 90 4 Access Comments Fire hydrants shall be located within 3 feet of the curb and landscaping shall not inte;;er with it's operation. Comments No additional concerns over the rezoning proposal. Plan Approval Recommended Reviewed By Signature UM - Yes Timothy L. Welsh Title +E. ppp FM HAL., F R EDERdC'M Rezonini4 Comments Butcher Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick Co. Sanitation Authority Frederick Co. Sanitation Authority Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, VA 22604 Stephens City, VA (540) 868-1061 A `licant Please fill out the mformatlon as accurately as possiblean order to assist the Sanitatroij P�� Authority :with their review Attach a copy of your application form, location map, proffer statement, impact analysis; and any other pertinent information: Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E.. VP 117E Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Current Zoning: Zoning Requested: Acreage: Sanitation Authority Comments: A/0 �D�dl�il�T Sanitation Authority Signature & Date: Notice to Sanitation Author ty — Please Return This Form to the Applicant 14 wl SU,R T,'YPZ, 4?'(f- D-E,E, � VALLEY — Mi 658 �� CC O/ �Or Ok. FVD PD Off. R O c � a a o Y SITE VICINITY MAP 1 "=1, 500' NOTES: 1. THE PROPERTIES SHOWN ON THIS PLAT ARE LOCATED ON ASSESSMENT MAP 55—((A))-200 AND ARE NOW IN THE NAME OF JAMES E. & ARDEYH 0. BUTCHER PER DEED RECORDED AT DEED BOOK,810 AT PAGE 1279 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 2. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOT THEREFORE NECESSARILY INDICATE ALL ENCUMBRANCES AND RESTRICTIVE COVENANTS ON THE PROPERTY. 3. THIS SURVEY IS BASED ON A CURRENT FIELD SURVEY. 4. THE EXISTENCE OF VEGETATED OR TIDAL WETLANDS WAS NEITHER INVESTIGATES NOR CONFIRMED DURING THE PERFORMANCE OF THIS SURVEY BY THIS FIRM. 5. IRF DENOTES REBAR FOUND 6. IRS DENOTES REBAR TO BE SET CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT BEARING CHORD C1 1'16-23" 547.96 12.18 6.09 N21'38'21"E 12.18 BOUNDARY SURVEY OF THE PROPERTY OF LTH OF JAMES E. & ARDEYTH 0. BUTCHER �,? Df D.B. 810, PG. 1279 RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Z SCALE: AS NOTED DATE: FEBRUARY 2, 2004 RANDY A. STO1 FS 9 gilbert w. clifford & associates No. 002342 A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION t„ CONSULTING ENGINEERING - LAND SURVEYING - PLANNING - fO4 "'� SUx`r� 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 1 OF (R/W VARIES) Cl ROUTE 656 — GREENWOOD ROAD IRS IRS In O Z Cn ao n J O � mn �� � J �G��O e�►9 m (Am� TRACT II 0.1943 Ac. J o .D JAI C' BETTIE E. WINSLOW zC,4 CAT..M. 55 1 ((A))-6184 'rn S31 '49'43"W 11.08' IRS IP SET STONE N 31'49'43"E FOUND Z u 00 i� N O m m TRACT I 29.9891 Ac. m A \ �BRIAfWOOD!;vf— -- - '\ E�TATES Z LOT 9 o! LOT 8 LOT 7 o If _� IRFI I 1185.08' IRS ! LOT m 30 C/1 LOT m- IRF31 � LOT Z �0 32 cn LOT ( 33 -z- J LOT N m 34 N LOT r0,-i- � IIRE35----- LOT 36 Do (o -O 77.5rT 00 m rn 4, to J v 115 > o � m 1116 t Cn 8" LOCUST LOT m S35'18'07"W 117 _ 1166.60' — —0 RE FENCE (MEANtiERS) Z ORRICK CEMETERY COMPANY, INC. IRS! 11' rn D.B. 337, PG. 179 IRF�LOT T.M. 55-((A))_201 > 1-119 j 0 200 400 BOUNDARY SURVEY OF THE PROPERTY OF 1,TH OF JAMES E. & ARDEYTH 0. BUTCHER D.B. 810, PG. 1279 .Q RED BUD MAGISTERIAL DISTRICT 1 „=200 ' FREDERICK COUNTY, VIRGINIA SCALE: 1' = 200• DATE: FEBRUARY 2, 2004 o RANDY A. STOVERS a gilbert w. Clifford & associates U No. 002342 A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION L�CONSULTING ENGINEERING - LAND SURVEYING - PLANNING O 'D 4 117 E. PICCADILLY STREET. WINCHESTER. VIRGINIA 22601 (540) 667-2139 SHEET 2 OF 2 7 nO t bra 0 23/,91 i3s9-c �l 1\ This Dead is made and data this day 1993. by CAROL N. 8 MP. [us cols, party of the first part, Grantor herein, and JAMES E. BUTCHER and ARDEYTH O. BUTCHER, hin wife, parties of the second part, Grantees herein. MIT HESSETNt Ttmt for and in consideration of the sum of Tan Dollars (S10.00), cash In hand paid, and other good and valuable-onsidoration, the receipt of all of which is hereby acknowledged, the Grantor does hereby grant and convey, with genarel warranty of title, unto the Grantees, In foe simple, as tenants by the entirety, with right of survivorship as if common law, all of those two (2) certain tracts of land, together with the rights, privileges, improvements and appurtenances thersunto belonging, located about three (3) miles east of Winchester, in Shawnees Magisterial District, Frederick County, Virginia, lying a abort way north of sera any Rood and east of Greenwood Road, described as follows: Tract I waw described by Deed of Record in the Office of the Clerk of the Circuit court of Frederlck County, Virginia, in Deed Book 129 at Ape 140 as containing twenty-nine (29) acres, two (2) roods and eighteen (18) poles and deecrlDed by Dead dated March 6, 1915, of record In the aforesaid Clerk's office in Deed book 137 at Pegs gas as adjoining the lands of Ebersole, Peter Newman, and Janes Ferguson. Tract II is described by Deed dated July 26, 1902, of reoord in the aforesaid Clerk's office in Deed nook 122 at Pe" 017 as begimd" at a point In a road leading frog the Berryville Turnpike to Senseny Road in the line of the land of James Ferguson, thence in Ferguson's line east seven hundred eighty- seven and one-half (797 1/2) feet to Tract I above, thence In line of Tract I above north twelve (12) feet tc the line of the land of Sara J. Ebersole, thence west in said Ebersole's line seven hundred eighty-seven and ore -half (747 1/2) feet to said road, thence in line with said road south twelve (12) feet to the place of beginning (serving as a means on Ingress and egress from the aforesaid road to Tract 1). Tina &for**sid tracts of land are the same land conveyed to the Grantor as i43t1II1 , by Deed dated October 13, 1977, from t3ward T. Shoup, &L-Ui, of record in the aforesaid clerk's Office in [sad book 4!1 at page 650, and it is also the same land that: was the subject of the Contract of Sale from the Granter to the Grantee*, data Movembrr 21. 1977, and recorded In the aforesaid Clark's Office in Deed Book 534, Page 353. Reference is made to all of the aforesaid records for a further and more particular description of the property hereby convoyed and a further derivation of the title thereof. Ttnis conveyance is made subject to all *&assent*, rights of way, and restrictions of record affecting the subject property and specifically to th*t certain deed of trust from Edward T. S�uup, 2L_". to the bank of Clarke County, atja, Trustees, dated Auquat s. 1976, and recorded in the aforesaid Clark's Office in oe*d gook 442. Ape 1s1. 7Lis conveyance is made in gross and not by the mere. The Grantor covenants that she has the right to convey the subject real estate to the Grantaest that the Grantees shall gave Quiet and peaceable possession of the said property, free from all liens and soc{mnbrance*n and that she will grant such further assurances of title as say be requisite. WITWWS the following signature and seal. ITM OI VXMGI NIA CITY of WIMQi82T14, to witu -CQA, ..` a Notary Public in and for the #tat* of Virginia at large, due hereby oertify that CAKL M. SUMP, who" pass is signed to the foregoing Dead bearing date of "3;2�e::;y���T4Q 3 has acknowledged the sass before se in my State dnd City aforesaid. 2 Glven undor ■y hnnd thip 'ilk dny oc _LXi1LSctS.�.� NOTAkY �UISf.FI^ y, Ky conalaalon explreet J / f~Mra &'L,«rtod to rrtore t« .,vase :,�: In ' +Iof tvw bc'tnCLZAA Wv . y r k.%•TW. VS— aw : hm, 12/03/93 137a-k1a�� i BKCIfI !)f;l TM5 DYED Or TRUST In made and dater] this 7r,1 7ny c,f I December, 1993, by and betwenn JAMES E. [7UTCI1EI, and API)EYTH rl. UUY`CHER, his wife, partien of the rirct part, haruinattnr <;allvd the Grantors, and E. EUGENE GUNTUR, of Winchester, Virginia, Party { i of the second part, hereinafter called the Trustee. j WITNESSETH: That for and in consideration of the curs(it ONE DOLLAR (S1.00), cash in hand paid by the amid Trustea to the I Grantors, on or before the delivery of this Deed of Trust, the receipt of which is hereby acknowledged, the Grantors do hereby li grant and convey with general warranty of title unto the rsaid Trustee, in fee simple, together with all rigPts, privileges, and improvements and appu"tenances thereunto belonging, the following described property: All of those two certain tracts of land, located about three miles East of Winchester, in Shawn+ Kaglstarial District, Frederick County, Virginia, lying a short way North of Sonsony Road and East of the Greenway Road. TRACT I was described by a deed of record in the Offic4a of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 129 at Page 140 as containing 29 Acres, 2 roods and IS poles and described by deed dated March 6, 1915 of record in the aforesaid Clerk's Office in Deed Book 137 at Page 364 as ad)olnlnq the lands of ELisolo, Potaa Ha,u.err ! and Janes Ferguson. TRACT II described by deed dated July 26, 1902 of r000cd in the aforesaid Clerk's office in Deed Rook 122 at Page 517 as beginning at a point in a road leading from the Berryville Turnpike to Sen►ssny Road in the l i ne of the land of Jars Ferguson, thence In Ferguson's lire East 787% feet to (Tract I above), thence in line of (Tract I above) Worth 12 feet to the line of the land of Sara J. Ebersole, thence West In said Ebersole's line 7874 feet to said road, thence in line said road South 12 feet to the place of beginning (serving as a sans of ingress and egress from the aforesaid road to Tract I). The foregoing two trects of land being the bas land conveyed to the Grantors herein by Deed dated December 3, 1993, froa Carol M. Shoup, (,lr, snL, of record in the aforesaid Clerk*s Office immediately preceding this Deed of Trust. Reference Is made to the said Deed for the a more particular description of the property herein conveyed. T;118 conveyance 1s mndo subject to all nanomentr- ri,lht.F: of way, and restrictions of record affecting the nuhject pruh.orty. IN TRUST HOWEVER, to occurs payment to the holdory of a cas'tain [fond of even date herewith, in the principal cum of ' WF11I'Y- rlVE THOUSAND DOLLARS ($25,000.00), together with interest thereon at the rate of ton percent (iO%) per annum. Interent will t.y poyablo monthly on the third (lyd) day of each month beginning on January 3, 1994, and the principal of this Bond, plus accrued interest, will be due and payable one (1) year from data on December 1, 1994. permitted. Renewals and extensions of the foregoing debt are 4is Do*d of Trust Is executed and 1s to be constrvvd in accordance with all the provisions of 155-59 and $55-60 of the Code of Virginia, and all amendments thereto, except as otherwise proei-fed herein. Advertisamants required: A single publication of notice of sale at least fourteen (14) days before the date of sale in any newspaper of general circulation oe published where the property is located. Commission of two and one-half per-oant (2%%) of due Trustee if property advertised but indebtedness paid before aala. Crentors sball have right of anticipation without pemalty. Rxsmptions waived subject to all upon default. Insurance required againat fire and other calamity in the amount of the original secured hereby. The holders of the indebtedness secured by this Deed of Trust are hereby granted the power to appoint a substitute Trustee, or Trust.eea, in accordance with the provisions of 126-49 of the Code of Virginia in the event of the resignation, death, incapacity, disability, removal or abeence from the state of a Trustees such substitute Trustee, or Trustees, shall be designated by instrument duly executedd, acknowledged and recorded among the 2 land r�i.irrlrvhnrP !.Ile proferty 1:: Irrc:rtt_cr! Hurl r:hnll Jrnv, ri,.r :::err• pcwora as if originally nnm"rl h.rroir7. i The property secured I,y thl , lircid of •(•runt. may not. hi: i convoyed to any other person, Firm or corporrrtJun, with1Jr11- thr: prior written consent of the b©neficinriQs and nny r.uch r:(.invwy3nr:rr shaXI be conatruad an a [lefnult rir thw trunt. Xg"Cr; fE D 'UT_ jj D lj tl;JlY�_ :iUi3JEG!__C1. ''ALL_1t1 ��1'SiYAHCE tai_Tli$_PROP1rRTY ^ECU FD fERFLv� WITNESS the followinq signatures and seals: E. A. a�r��t- � (SEAL) ARDEYTlf O. BUTCffER STATE OF VIRGINIA. city of Wince:ter, to -wit: 1 I.—��. `r C��1i�.+\ •Cf1.. n v Motery Public in and for the State and City aforesala, Jo hereby certiry that JAIKES E. K?TCX= and ARDZM o. BUTCHER, hl► wife, whose rases are signed to the foregoing writing, dated Decenber ], 1993, have personally ` armed before me and acknowledged the saws in sy State and City aforesaid. Given under ny hand this &)L d.y of 3]Qf,± , , 1993. MOTARY PUBLIC MY comission axpiresf�\p,4C 1' kCiN A. FR1:0(RJac COUNTY. SCT, irks r,s+u:r rtJ tf afetnl wa}} lu![Ked sil ra ir,o _. I 3r Z_11� towelo alrrwatll) was ay.r..ie! r . r.•.✓d CLERK 1 t Y a • wrewr A Po..a w..AM0.9" .i w 0808MM" R /A AMPI 5K01 THIS DEED, wade this loth day of Docamber, 1993, b9tweun C. C. LONGERBI'AM, INC., a Virginia Corporation, of the one; part, hereinafter called the Grantor, and CNKIa E. JENNINGD t/a JENNINtilS CONSTRUCTION, of the other part, hereinafter called the Grantee. WITHESSETHt That in consideration of Ton Dollars (110.00) and other valuable consideration, tha receipt of which is hereby acknowledged, the Grantor does grant with ganaral warranty and, except as stated below, English covenants of title, unto the Grantee, in fee simple, the following described property, towitt All of that certain lot or parcel of land, together with the improvements thereon and the easements and other appurtenances theraunto belonging, lying and being situate in Shawnee Ragiaterial District, Frederick County, Virginia, and designated as LOT 111, SELCTIOX II, CARLISLE KRICK" SUBDIVISION, as shown on the plat and survey of H. Bruce tdens, C.L.S., dated January 19, 1989, attached to and made part of the dowel of dedication of said subdivision, dated June 19, 1989, said dead of dedication Acing of record in the off lee of the Clark of the Circuit court of rrederiek County, Virginia, in Deed Book 716, at to" 770. and the amended dead of dedication of said subdivision, dated April 17, 1991, recorded in Deed Book 759, at Page 7961 and being a portion of the sass property conveyed to the Grantor herein by deed of Charles C. Longerheaa, et al, dated July 17, 1991, recorded in the aforesaid Cleft's Office in Deed Book 762, at Page 1553. VA f arwbco is here aade to the aforesaid plats, deed of dedication, dead and the references contained therein for a turther and more patticularly description of the ein property conveyed her. Isis conwyenos is made subject to all duly recorded and enforceable restrictions, reservations, easements and rights of way. trr?=Ss the f o l l ow L6q • igna ture and sea 1: Fe :.e -158 I: i- OFF N A, AT LA76Gt, /WrAG City/ees6Nr of .n0y-Ar.' , to -wit: E I, Ktji,4Cein I1 , a Notary Public in and for the State a" S,� o fore"L4, ertify that s ...Z� , whose name as (�y _ of C. C. LaNerneas, Inc., is • gned to the foregoLrq ftritinq, dated December lo, 1993, has acknowledged the sane before M by and on behalf of said corporation. Given under my hand this loth day of December, 199S..'•� Ky co�mi ss ion expires i c 19 -, �',_' i 1 1 , ; -; . .. . toe M r e eawX ooso op ttr. {�il�u �l Crn rn�lxlQ MM2 MArMW ' t �p Ts-�� jjfi Yl Notary. v AOMW%t W Pie ......l . ! o cur 66 M� b/ee//Low "W , 0"-"bN� d 10-7 LJI HI4��L� CLltiP VIII TAYTIOVET Date: 7/01/04 COUNTY OF FREDERICK Time: 15:12:41 ice- HEATHER M TAYLOR 000015919 Cust.Transactions: ,"T1q1q1 Trans. Type: PAY Dept/Bill#: RE2004 00041620001 PYI Date: 7,/01/2004 7YO112004 Name: BRIARWOOD LC Bill Date: 6/06,/2004 Half: 1 Name 2: Address: - Map#: 55 A 200 205 N CAMERON ST. MMMMMDDSSLLLLS WINCHESTER, VA Acreage:-. 29.99 Dist/Cis 09 } 01 Zip: 22601 - 4803 Mortg.Co.: Desc: 29.99 ACRES SSN: 000 - 00 - 0000 000 - 00 - 0000 Status: Land: $120,200 Improve: $5,000 Use: $0 Original Bill: $486.18 Credits: $486.19 Discount: $.00 ......................... Date Type Drawer Trans# Check Number Trans. Amount Balance 5/27,/2004 PAY AFW 4920 MARA 1004 $486.18CR $.00 COMMENT 1-> Aba Value 0 COMMENT 2-> Paid.By BRIARWOOD, LC 4 I October 13, 200zl COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #12-04 FOR THE BUTCHER PROPERTY (BRIARWOOD LC) On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, October 27, 2004, 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 #12-04 of the Butcher Property (Brianvood LC), submitted by Gilbert W. Clifford &. Associates, to rezone 29.9891 acres from RA (Rural Areas) District to RP (Residential Performance,) District. This property is located east of Greenwood Road (Route 656), south and adijaccr:t to the Briarwood Subdivision, in the Red Bud Magisterial District, and is identified by Property Identification. Number (PI-N) 55-A-200. 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 its on the web w.: w Arw.co. frederick.va. us. Sin `e4•eiy, t + i IL-'"ic R. Lawrence, AICP P gno ng Director 1,RUbad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 55 - A- - 184- WINSLOW, BETTIE E 711 GREENWOOD RD WINCHESTER, VA. 22602.7641 55 - A- - 192- GREENWOOD BAPTIST CHURCH 779 GREENWOOD RD WINCHESTER, VA. 22602.7641 55 - A- - 201. ORRICK CEMETERY COMPANY, INC. CIO R W BURKS ADMN 501 S BRADDOCK ST WINCHESTER, VA. 22601.4048 55J - 1. 1. 7- RANGEL, RAEGAN P & JOSE R 102 GOLDENROD RD WINCHESTER, VA 22602.7643 551 - I. 1. 8- IVY, RICHARD L & SHARON K 100 GOLDENROD RD WINCHESTER, VA 22602.7643 551 - I. 1. 9. STOTLER, RANDY L & HEATHER C 101 ORION CT WINCHESTER, VA 22602.7645 STATE OF VIRGINIA COUNTY OF FREDERICK 551 - 1. 1- 10- TENSLEY, RUTH H 103 ORION CT WINCHESTER, VA 22602.7645 551 - 1. 1- 11- LAMM, STEVEN L & GREENWALT, ANGELA DAWN 105 ORION CT WINCHESTER, VA 22602.7645 55J - 1. 1. 12- COFFEY, MARLON A & CYNTHIA D 107 ORION CT WINCHESTER, VA 22602.7645 55J - 1- 2- 30- DOUGLAS, ROBERT & JENNIFER 302 LILYS WAY WINCHESTER, VA 22602.7651 Eric R. Lawrence, Planning Director Frederick County Planning Department I, , a Notary Public in and for the State and County aforesaid, do hereby certify that Eric R. Lawrence, Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC 0 V4 55J - 1- 2- 31- LASHLEY, LAMONT L & LORRE 304 LILYS WAY WINCHESTER,VA 22602.7651 55J - 1- 2- 32- WHITE, CHRISTOPHER L & VICKI L 306 LILYS WAY WINCHESTER, VA 22602.7651 55J - 1.2- 33- VAN AMBURG, ALAN C & DIANE L 308 LILYS WAY WINCHESTER, VA 22602.7651 55J - 1- 2- 34- MASON, RHODA 310 LILYS WAY WINCHESTER,VA 22602.7651 55J - 1- 2. 35- EDLICH, RICHARD C & CYNTHIA LUANNE 312 LILYS WAY WINCHESTER, VA 22602 55J - 1- 2- 36- ROBERTSON, BARRY P & VICKI L 119 WHITFIELD CIR STEPHENS CITY, VA 22655.3202 55J - 1- 2- 36-A BRIARWOOD ESTATES HOMEOWNERS ASSOC INC PO BOX 746 STEPHENS CITY, VA 22655.0746 55J - 1- 6- 112- WALLACE, JOHN D & SUSAN L 318 LILYS WAY WINCHESTER, VA 22602.7651 55J - 1- 6- 114- GWINN, DAVID F & LYNN K 202 TREFOIL CT WINCHESTER,VA 22602.7680 551 - 1. 6. 115- SAVILLE, ALAN R & LEIGH ANN S 204 TREFOIL CT WINCHESTER,VA 22602 551 - 1- 6. 116- DIAZ, DAVID & SHERRY 206 TREFOIL CT WINCHESTER, VA 22602 55J - 1. 6. 117- CAVE, MARK E & LAURA L 208 TREFOIL CT WINCHESTER, VA 22602.7680 55J - 118- HA*D, CHRISTOPHER S & CARLA A 210 TREFOIL CT WINCHESTER, VA 22602.7680 55J - 1- 6- 119- JARL, DAVID R & KAY E 212 TREFOIL CT WINCHESTER,VA 22602.7680 Briarwood Manor, LLC 205 N. Cameron St. Winchester, VA 22601 Gilbert W. Clifford & Assoc., Inc. Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 -o rieoe��z %/' z-- Yq -oZ o d/ Briarwood Section 3 TO: Barbara - Data Processing FROM: Bev - Planning Dept. Please pri t sets of labels by: o (0 THANK3111 ID # Name Address ---- 55-A-184 Bettie E Winslow 711Greenwood Road, Winchester, VA 22602 RP Residential 55-A- Greenwood Baptist Church 778 Greenwood Road, Winchester, VA 22602 RA Religious 55-A-201 / Orrick Cemetery Co., Inc. 501 S. Braddock Street, Winchester, VA 22601 RA Agricultural 55J-1-1-7 Rae an P & Jose R Ran el 102 Goldenrod Road, Winchester, VA 22602 RP Residential 55J-1-1-8 Richard L & Sharon K Ivy 100 Goldenrod Road, Winchester, VA 22602 RP Residential 55J-1-1-9 Randy L & Heather C Stotler 101 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-1-10 Ruth H Tensley 103 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-1-11 Steven L Lamm & Angela Greenwalt 105 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-1-12 Marlon A & Cynthia D Coffey 107 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-2-30 Robert & Jennifer Douglas 302 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-2-31 Lamont L & Lorretta E Lashley 304 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-2-32 ' Christopher L & Vicki L White 306 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-2-33 Alan C & Diane L Van Arnburg 308 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-2-34 Rhonda Mason 310 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-2-35 Richard C Edlich 312 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-2-36 Jerry S King & Scot W Marsh 39078 Old Valley Pike, Strasburg, VA 22657 RP Vacant 55J-1-2-36A r Briarwood Estates Homeowners Assoc. P.O. Box 746, Stephens City, VA 22655 RP Vacant 55J-1-6-112 i John D & Susan L Wallace 318 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-6-114 ! David F & Lynn K Gwinn 202 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-115 Alan R Saville & Leigh Ann Sweeney 204 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-116 Michael A & Stacey L Quick 206 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-117 Mark E & Laura L Quick- 208 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-118 Christopher S & Carla A Hammond 210 Trefoil Ct., Winchester, VA 22602 RP Residential k COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING September 22, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #12-04 FOR THE BUTCHER PROPERTY (BRIARWOOD LC) On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, October 6, 2004, 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 #12-04 of the Butcher Property (Briarwood LC), submitted by Gilbert W. Clifford & Associates, to rezone 29.9891 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located east of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision, in the Red Bud Magisterial District, and is identified by Property Identification Number (PIN) 55-A-200. 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: A,vww.co.frederick.va.us. Sin rely, Er'c Lawrence, AICP Planning Director ERL/bad 107 North Kent Street - Winchester, Virginia 22601-5000 This i o certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virgi ia: 55 - A- - 200- BRIARWOOD MANOR, LLC 205 N CAMERON ST WINCHESTER, VA 22601 Gilbert W. Clifford & Assoc., Inc. Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601Al �i`( 55 - A- - 184- WINSLOW, BETTIE E 711 GREENWOOD RD WINCHESTER, VA. 22602.7641 55 - A- - 201- ORRICK CEMETERY COMPANY, INC. CIO R W BURKS ADMN 501 S BRADDOCK ST WINCHESTER, VA. 22601.4048 55J - 1. 1. 7- RANGEL, RAEGAN P & JOSE R 102 GOLDENROD RD WINCHESTER,VA 22602.7643 551 - 1. 1. 8. IVY, RICHARD L & SHARON K 100 GOLDENROD RD WINCHESTER, VA 22602.7643 STATE OF VIRGINIA COUNTY OF FREDE 551 - 1. 1. 9- STOTLER, RANDY L & HEATHER C 101 ORION CT WINCHESTER, VA 22602.7645 551 - 1. 1. 10- TENSLEY, RUTH H 103 ORION CT WINCHESTER, VA 22602.7645 551 - 1. 1. 11- LAMM, STEVEN L & GREENWALT, ANGELA DAWN 105 ORION CT WINCHESTER, VA 22602.7645 55J - 1. 1. 12- COFFEY, MARLON A & CYNTHIA D 107 ORION CT WINCHESTER, VA 22602.7645 Eric K. Lawrence, Planning Director Frederick County Planning Department a Notary Public in and for the State and County aforesaid, do h0eby certify that Eric R. tfiwrence, Planning Director for the epart ent of Planning and Development, whose name is signed to the foregoing, dated V has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this x)-day of ®0 My commission expires on av-,/Z 00% NOTARiv' PUBLIC 55J - 1- 2- 30- DOUGLAS, ROBERT & JENNIFERJO 302 LILYS WAY WINCHESTER, VA 22602.7651 55J - 1- 2- 31- LASHLEY, LAMONT L & LORRETTA E 304 LILYS WAY WINCHESTER, VA 22602.7651 55J - 1- 2- 32- WHITE, CHRISTOPHER L & VICKI L 306 LILYS WAY WINCHESTER, VA 22602.7651 55J - 1- 2. 33- VAN AMBURG, ALAN C & DIANE L 308 LILYS WAY WINCHESTER, VA 22602.7651 55J - 1- 2- 34- MASON, RHOOA 310 LILYS WAY WINCHESTER, VA 22602.7651 55J - 1- 2- 35- EDLICH, RICHARD C & CYNiHIA LUANNE 312 LILYS WAY WINCHESTER, VA 22602 55J - 1- 2- 36- ROBERTSON, BARRY P & VICKI L 119 WHITFIELD CIR STEPHENS CITY, VA 22655.3202 55J - 1- 2- 36-A BRIARWOOD ESTATES HOMEOWNERS ASSOC INC PO BOX 746 STEPHENS CITY, VA 22655.0746 55J - 1. 6. 112- WALLACE, JOHN D & SUSAN L 318 LILYS WAY WINCHESTER, VA 22602.7651 55J - 1- 6- 114- GWINN, DAVID F & LYNN K 202 TREFOIL CT WINCHESTER, VA 22602.7600 55J - 1. 6. 115- SAVILLE, ALAN R & LEIGH ANN S 204 TREFOIL CT WINCHESTER,VA 22602 5 1.6- 116- D AVID & SHERRY 206 TREFOIL CT WINCHESTER, VA 22602 55J - 1- 6- 117- CAVE, MARK E & LAURA L 208 TREFOIL CT WINCHESTER, VA 22602.7680 55J - 1- 6- 118- HAMMOND, CHRISTOPHER S & CARLA A 210 TREFOIL CT WINCHESTER, VA 22602.7680 55J - 1- 6- 119- JARL, DAVID R & KAY E 212 TREFOIL CT WINCHESTER, VA 22602.7680 M N DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICI�q COUNTY, VTRGMU W 0 E REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: GIS, MAPPING, GRAPHICS WORKREQ EST DATE RECEIVED: C 0 ESTED COMPLETION DATE: 140/0 ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional i �o L-IfT/Our � DIGITAL: PAPER: FAX: SIZES: COLOR: BLACK/WHITE: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: :3 iation on back of request) E-MAIL: NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) 0 40 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 22, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 412-04 FOR THE BUTCHER PROPERTY (BRIARWOOD LC) On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, October 6, 2004, 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 412-04 of the Butcher Property (Briarvood LC), submitted by Gilbert W. Clifford & Associates, to rezone 29.9891 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located east of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision, in the Red Bud Magisterial District, and is identified by Property Identification Number (PIN) 55-A-200. 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(..Lawrence, cofrederick.va.us. Si Er AICP Plannngrector ERL/bad 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 p E C E P W E SEP 2 8 2M4 FREDERICK COUNTY PLANNING & DEVELOPMENT / 55J - 1- 2- 36-A BRIARWOOD ESTATES HOMEOWNERS ASSOC \ INC PO BOX 746 STEPHENS CITY, VA 22655.0746 N7Y.XE 201 1 00 09/2 S/Oaf RETURN TO SENDER NOT DMI..iVERAIDUE: AS ADDRESSL-O UNABLE TO FORWARD MC: 223O:13OOO99 *30.1 7--OOS74 -;.22 - 00-:1 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 13, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #12-04 FOR THE BUTCHER PROPERTY (BRIARWOOD LC) On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, October 27, 2004, 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 912-04 of the Butcher Property (Briarwood LC), submitted by Gilbert W. Clifford & Associates, to rezone 29.9891 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located east of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision, in the Red Bud Magisterial District, and is identified by Property Identification Number (PIN) 55-A-200. 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 www.co.frederick.va.us. Sinedle I y, S Eric R. Lawrence, AICP Plarming Director ERL/bad by calling (540) 665-5651. You can also visit us on the web at: 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 0* 55J - 1- 2- 3u-A BRIARWOOD ESTATES HOMEOWNERS ASSOC INC PO BOX 746 STEPHENS CITY, VA 226550746 NIXIE 201 00 10/19/04 RETURN TO SENDER NOT C?Em 1VCRA0LC AS ADDRESSED UNADQC TO FORWARD BC: 226OiS00099 *3017--OSS07--13-37 I n h h dCI,Ihm"11.1li1III,IIIIJ),I)III)IIIII