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013-04 Westbury Commons - 3.13 Acres, Res. Single-Fam - Stonewall - Backfile
m 0 m a i 0 LL DATE �) NO. 8004 RECEIVED FROM t,,g -� �' ••. ADDRESS DOLLARS e, FOR wtSRAr' l�t!1t�yr r�ryryh^ v1 ZVI AMT OF 7zE,, BY�t'._o ACCOUNT I I AMT. PAID •J I t7Es`E�.'IiI l DATE 6 0 REZONING TRACKING SHEET Check List: i/ Fee & Sign Deposit Application Form Deed �- Proffer Statement Lam-_ Plat/Survey Impact Analysis 'J Taxes Paid Statement Adjoiner Lost �-�' Impact Model Run ----" Application received/file opened :-� /-� KA9Y Reference manual updated/number assigned D-base updated koy Copy of adjoiner list given to staff member for verification / /C Four sets of adjoiner labels ordered from data processing o One 81/2" x 11" black and white location map ordered from Mapping File given to office manager to update Application Action Summary C public hearing date ACTION: ,OS public hearing date ACTION: ignectcoprof resolution for -amendment of ordinance, with conditions proffered [it applicablej, 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.) l© O S Action letter mailed to applicant I O,S Reference manual and D-base updated ,� • I D . Orj M File given to office manager to update Application Action Summary (final action) File given to Mapping/GIS to update zoning map Zoning map amended U \CarohCommonweckmg. ru Revised 05/09/02 TO: Bob Mitchell FROM: Michael T. Ruddy, AICP Deputy Director RE: Rezoning Application Proffer Statements DATE: December 09, 2004 Please find attached to this memorandum the proffer statement for the Westbury Con-unons Rezoning application that has recently been submitted to the Office of Planning & Development. Also attached is the rezoning application, including the impact statement, and staff s most recent review comment for the application. Staff has a concern with an element of the content of the proffer statement and is seeking your legal perspective on this issue in addition to your usual review for correct legal form. More specifically, there is a concern regarding the wording of the proffer statement that provides for Generalized Development Plan (GDP). The current GPD depicts a community center that is accessed by a trail system. This community center may not be depicted accurately as it will have to be handicap accessible, provide parking and accessibility in addition to having to meet several other site planning requirements. The particulars of the construction of the building and the parking lot will be more detailed at the time of the Master Plan and the Subdivision Design. We would like an opinion on if we accept the GDP as is will we be obligated to let them construct the project exactly like the GDP or will we have some leeway on the design since this plan is "general". A statement describing that the future community center will meet all applicable County requirements as identified through the Master Development Plan and Subdivision Design Plan may be sufficient to provide the assurances necessary at this point in the process. Thank you in advance for your thoughts and your continued assistance. cc: Jolu1 Riley, Jr., County Administrator 5407229528 T-003 P.002/002 F-800 DEC-07-04 12:06PM FROM-GREENWAY ENGINEERING P.C. I 1 0 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 • Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia Ap0licdnt: Please fill out. the information as accurately as l b' sible:in order toassist the County Attorney's office with their review. Attach a copy of.your application- form, location map, proffer statement, iztpact an a.lysis,.and any -other pertinent information.. WESTBURY COMMONS REZONING (GTeenway File 44079) Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Ann.: Evan Wyatt. ARC)? Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Westminster Canterbua Dr.. approx 1,000' south of North Frederick Pike. Current zoning: B2 Zoning requested: RP Acreage: 3.13 County Attorney's Comments: Assistant County Attorney's Signature- & Date: Notice to County Attorney - )Please Return This Form to the Anp.licant • larE E � V E Rezoning Comments Planning Department Mail to Department of Planning and Development Attn: County Planner 107 North Kent Street Winchester, VA 22601 (540) 665-5651 DEC 3 2004 FREDERICK COUNTY INNING & DEVELOPMENT Hand deliver to: 107 N. Kent Street Fourth Floor Winchester, VA (540) 665-5651 WESTBURY COMMONS REZONING (Greenway File #4079) Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Attn.: Evan Wyatt, AICP Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Westminster Canterbury Dr., approx. 1 000' south of North Frederick Pike Current zoning: B2 Planning Department Comments: Zoning requested: RP Superintendent's Signature & Date: Acreage: 3.13 Notice to Plsanninz Department - Please Return This Form to the Applicant • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA • DEC 3 2004 JB FREDERICK COU 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: Greenwav Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above) Name: Harvest Communities, Inc. Attn.: Stuart Butler Address: 147 Creekside Lane Winchester, VA 22602 3. Contact person if other than above Name: Evan A. Wyatt, AICP Telephone: (540) 662-4185 Telephone: (540) 678-1462 Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Plat X Deed to property X Verification of taxes paid X Agency Comments X Fees X Impact Analysis Statement 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: Harvest Communities, Incorporated. 6. A) Current Use of the Property: Unimproved (3.13 acres) B) Proposed Use of the Property: Residential, Single-family small lot, detached 7. Adjoining Property: Please see attached PARCEL ID NUMBER USE ZONING 53-((4))-3D 1 Commercial B2 53-((4))-3E Commercial B2 53-((4))-3F Commercial B2 53-((A))-52C Commercial B2 53-((A))-52E Commercial B2 53A-((A))-6 Residential B2 53A-((2))-D-3 Residential RP 53A-((2))-D-4 Residential RP 53A-((2))-D-5 Residential RP 53A-((2))-D-6 Residential RP 53A-((2))-D-7 Residential RP 53A-((2))-D-8 Residential RP 53A-((2))-D-9 Residential RP 53B-((4))-7 Residential RP 53B-((4))-8 Residential RP 53B-((4))-9 Residential RP 53B-((4))-20A Residential, common space RP 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): Fronting on the west side of Westminster -Canterbury Drive (Route 1318) approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522). Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Numbers 53-((4))-E & 53-((4))-F Districts Magisterial: Stonewall High School: James Wood High School Fire Service: Round Hill Middle School: Frederick County Middle School Rescue Service: Round Hill Elementary School: Apple Pie Ridge Elementary School 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 3.13 B2 RP 3.13 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 homes: 11 Townhome: 0 Multi -Family: 0 Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: 0 Service Station: 0 Retail: 0 Manufacturing: 0 Restaurant: 0 Warehouse: 0 Other: 0 s 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: Harvest Communities, Inc. Stuart Butler, President Date Owner(s): Harvest Communities, Inc. By: Stuart Butler, President Date 9 10 Adjoining Property Owners Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Upper Crust, LLC 112A Bruce Drive Winchester, VA 22601 Property # 53-4-3D1 Name James T. &Jessie S. Wilson 1200 Fairfax Street Stephens City, VA 22655 Property # 53-4-3E Name A's Copier Sales & c/o Gary L. Adams 249 Glenridge Drive Winchester, VA 22602 Property # 53-4-3F Name Harry K. Benham 21 South Loudoun Street Winchester, VA 22601 Property # 53-A-52C Name H.K. Benham III & James T. Anderson PO Box 368 Winchester, VA 22604 Property # 53-A-52E Name Vernon B. &Frances A. Unger 5179 Barley Drive Stephens City, VA 22655 Property # 53A-A-6 Name Almira L. Kipps 106 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-3 Name Almira L. Kipps 106 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-4 Name Betty Lou Reeves Bean 112 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-5 • a Name and Property Identification Number Address Name Betty Lou Reeves Bean 112 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-6 Name Betty Lou Reeves Bean 112 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-7 Name Thomas J. Place 116 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-8 Name Thomas J. Place 116 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-9 Name Jeremy P. & Holly L. Buck 105 Rugby Place Winchester, VA 22603 Property # 53B-4-7 Name Edward H. & Gertrude H. Corddry 103 Rugby Place Winchester, VA 22603 Property # 53B-4-8 Name Stephen G. Butler PO Box 2097 Winchester, VA 22604 Property # 53B-4-9 Name North Frederick Realty PO Box 2800 Winchester, VA 22604 Property # 53B-4-20A El 0 ME] � m v �c r- 0 z m m © v 0 v w m U) mX n �z�i D D Z m r 0 0 O-4 r T Z tp W rn r - �r -t w ;� J l3 nmq pp qpA W mcrn j 1 � O v r$f•v r Wm�0 �J aA N L cZ J m �P c M(P.,3W A F w i� % r.� SITE PLAN SHEET WESTBURY COMMONS GENERAUZED DEVELOPMENT PLAN STONEWALL MAGISTERIAL DISTRICT; FREDERICK COUNTY, VA � ,,� g o o � � _' , �` ktol V1a� DATE REVISION GREENWAY ENGINEERING �s, Mindy Hill lane r..ae.a r rn� Mfncheeter. Vlrglnim 22802 •re�epno�e s.o-sez-.ies Engineers FAX Sao-r22-9526 Surveyors w—green.eyeng.com XX-XXX COJJ J �)IJ ICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 February 10, 2005 Mr. Evan A. Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING 413-04, WESTBURY COMMONS Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of February 9, 2005. The above -referenced application was approved to rezone 3.13 acres from B2 (General Business) District to RP (Residential Performance). The subject property fronts on the east side of Westminster Canterbury Drive (Route 1318), approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522), and is identified with Property Identification Numbers 53-4-3-E and 53-4-3-F, in the Stonewall 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. Sincerely, Candice E. Perkins Planner II CEP/bad cc: Harvest Communities, Inc., 147 Creekside Lane, Winchester, VA 22602 Lynda J. Tyler, Stonewall District Supervisor Jolm H. Light, Stonewall District Planning Commissioner Jane Anderson, Real Estate em: Charles S. DeHaven Jr., Stonewall District Planning Commissioner 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 0 REZONING APPLICATION 401-05 WESTBURY COMMONS Staff Report for the Board of Supervisors Prepared: January 31, 2005 Staff Contact: Candice E. Perkins, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 01/19/05 Recommended Approval Board of Supervisors: 02/09/05 Pending PROPOSAL: To rezone 3.13 acres from B2 (General Business) District to RP (Residential Performance) District. LOCATION: The property fionts on the east side of Westminster -Canterbury Drive (Route 1318), approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(S): 53-4-3-E, 53-4-3-F PROPERTY ZONING: B2 (Business General) District PRESENT USE: Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential & B2 (Business General) Use: Commercial South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: B2 (Business General) Use: Commercial PROPOSED USES: 11 age -restricted single family small lot detached dwellings s 0 Rezoning #13-04, Westbury Commons January 31, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have some measurable impact on Route 1319. 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 Harvest Communities, Inc., rezoning application dated August 16, 2004 addresses transportation concerns associated with this request. 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: Landscaping and other materials shall be placed in a manner so as not to inhibit use of the entire driveway width to individual dwelling units. Fire Hydrants shall comply with Frederick County Code Section 90-4. Plan approval recommended. Frederick -Winchester Service Authority: No comments. Public Works Department: We have completed our review of the proposed rezoning and offer the following comments: 1) Site Drainage: In addition to onsite stormwater management, it may be necessary to implement some offsite improvements to protect the existing residential development located east of the proposed project. We definitely concur with your offer to control the 100-year storm. Also, keep in mind that it will be necessary to consider the existing upgradient detention pond located immediately to the south of your site. 2) Solid Waste Disposal: In the second sentence, correct the word daily to indicate yearly volume. Also, consideration should be given to providing curbside trash pickup for this proposed development. Sanitation Authority: No comment. Frederick County Department of Parks & Recreation: Staff anticipates the residents of this community will have every opportunity to benefit from the parks and recreational services offered by Frederick County. To calculate this impact on Parks and Recreation services, I would recommend we trust the formula included in the County Impact Model. Frederick County Public Schools: This letter is in response to your request for comments concerning the rezoning application for the proposed Harvest Communities, Inc., project located, fronting on the west side of Westminster -Canterbury Drive, approximately 1,000 feet south of the intersection of North Frederick Pike. Based on the information provided that all parcels would be age -restricted, there would be no impact to the school population upon build -out. Attorney Comment: I have reviewed the proposed Proffer Statement. It is my opinion that the Proffer Statement is in a form to meet the requirements of the Frederick County Zoning Ordinance and the Rezoning #13-04, Westbury Commons 0 . Rezoning #13-04, Westbury Commons January 31, 2005 Page 3 Code of Virginia, subject to the following: 1. I would suggest, for uniformity and easy reference purposes, that the document be titled "Proposed Proffer Statement" and the statement of rezoning request, property, record owner, etc., be summarized at the beginning. 2. In Paragraphs B.3 and D, it is provided that the deeds to individual lots will provide for maintenance responsibility for shared driveways (B.3) and for the age -restricted conditions (D). If the rezoning is granted, the owner will apply for and obtain subdivision approval, after which a document in the nature of a Deed of Subdivision and Declaration of Restrictive Covenants ("Declaration") will be recorded, which will record the subdivision plat, will set for the restrictive covenants on the property, and will provide for the property owners' association. It is my recommendation that the proffers provide that, in addition to being set forth the deeds to the individual lots, the subject provision will be set forth in the Declaration. 3. It is also my recommendation that the proffers provide that the maintenance responsibilities of the property owners' association [private street (Paragraph C); pedestrian trail (Paragraph E); community commons area (Paragraph F.1); full screen buffer (Paragraph F.2); landscape buffer (Paragraph F.3)] will be set forth in the Declaration. In this regard, it is not clear whether the fence referenced in Paragraph F.3 is to be maintained by the property owners' association or the individual lot owner, and that should be clarified. Also, it should also be specifically provided that the property owners' association shall have the maintenance responsibility for the community center building. 4. While the details of the pedestrian trail may be addressed at the subdivision plat stage, I note that the generalized development plan (GDP) shows the trail connecting at three points to private driveways. It would appear that a pedestrian trail easement would need to be placed on the three private driveways to connect the trail to the private street, assuming it is not the intention to have the trails dead-end at the driveways. It would probably be sufficient at this point to have the easements shown on the generalized development plan. 5. With respect to the monetary proffer (Paragraph G), the purpose or purposes of the monetary proffer should be detailed in the manner in which the County intends to expend the funds, as the County if required to account for the expenditure of the funds pursuant to Virginia Code § 15.2- 2303.2(C). (It is noted in Paragraph 1 of the Impact Statement that the $1,000.00 per lot proffer is apparently intended to address impacts to County Administration, Fire and Rescue, Public Libraries, and Sheriff's Dept.). 6. With respect to the community center depicted on the GDP, there should be a specific provision in the proffers that a community center shall be constructed by the owner, and a statement of the timing of the construction (prior to the sale of any lot?). You have noted that the GDP shows the community center accessed only by the pedestrian trail system, but that the center will have to be handicap accessible and provide parking, in addition to meeting other site planning requirements. Accordingly, the proffer should also include language to the effect that the community center shall be located as generally shown on the GDP, and will be handicap accessible, provide for parking, and meet other requirements of County ordinances. Planning & ZoninjZ: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning of the subject parcel as B-2 (Business General) District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as 0 0 Rezoning #13-04, Westbury Commons January 31, 2005 Page 4 the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1 J 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 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. (Comprehensive Policy Plan, p. 6-1, 6-2) The subject property is located entirely within the UDA. 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." While this area is located within the UDA, the area comprising this rezoning is within the study limits of the Eastern Frederick County Long Range Land Use Plan and located in an area to remain business. (Comprehensive Policy Plan, pages 6-66.2) Therefore, this rezoning is inconsistent with the goals of the Comprehensive Policy Plan. Transportation The subject site is currently accessible via Westminster -Canterbury Drive (Route 1318). The Westbury Commons development will contain a private road that will serve the 11 lot subdivision. This private road will be accessed off of Westminster -Canterbury Drive which intersects with North Frederick Pike (Route 522) at a median crossing. The existing traffic on Westminster -Canterbury Drive is 1,800. 3) Site Suitability/Environment No flood plains, lakes or ponds, wetlands, sinkholes, steep slopes, or other environmental features have been identified on the 3.13 acre site. The General Soil Map of the Soil Survey of Frederick Coun , , Virginia indicates that the soils comprising the subject parcel fall under the Frederick-Poplimento Loams soil association (14B & 17C). The soil type 14B (25% of the site) is designated as prime farmland and the soil type 17C (75% of the site) is more suitable for woodlands due to rock outcrops. 4) Potential Impacts A. Transportation Using the standards found in the I.T.E. Trip Generation Manual, 7t" Edition (page 453), single- family adult housing generates an average of 3.71 tips per day (VPD). VDOT has recognized an • Rezoning #13-04, Westbury Commons January 31, 2005 Page 5 average VPD of 5.6 for this land use in recent traffic studies; therefore, the proffered 11 unit subdivision would produce an average daily traffic volume ranging between 41 and 62 vehicle trips. B. Sewer and Water An impact of 2,475 gpd is projected based on an average of 225 gpd per residential unit. The Sanitation Authority and Service Authority have offered "no comment" for this rezoning. C. Capital Facilities Impact Based on the modeling exercise, this development will create impacts on Fire & Rescue, Parks and Recreation, the Public Library, the Sheriff's Office and County Administration. The Capital Facilities Impact Model projects a total fiscal impact of $2,081 per dwelling (this excludes the amount for the public school system because of the age -restricted designation proffered by the applicant). The applicant is proffering a $1,000 contribution for each residential unit, this amount equates to a $1,081 deficit in the public services required for this project. D. Single family Small Lots By ordinance, single family small lots are lot types intended to serve a specialized population; i.e., age -restricted housing. The applicant has proffered that the project will be a singe family detached small lot age -restricted development. When choosing the single family small lot housing type, the ordinance requires that a community center (equivalent to three recreational units) as well as one additional recreational unit per 30 dwellings is provided to serve the needs of such a community. This proposed development will, therefore, require a community center and one additional recreation unit that is age appropriate for the communities' residents. The appropriate community center and recreation unit will be provided by the developer for this project. Details associated with the recreational units will be worked out during the Master Development Plan and Subdivision phases. 5) Proffer Statement - Dated August 13, 2004 and Revised December 22, 2004 The following list is a summary of the proffered conditions associated with this rezoning application: • The property will be developed in conformance with the Generalized Development Plan submitted with the rezoning package. • Contribution of $1,000 per lot to lessen the impacts on capital facilities. • Assurance that the site will be developed to accommodate no more than 11 age -restricted single family detached dwelling units with a minimum of 6,000 square feet per lot. • The site will be served by a private street that meets the public street requirements utilized by VDOT and that the Homeowners Association will be responsible for the maintenance. • A five foot wide asphalt pedestrian trail system will be constructed throughout the project, with connections to the center commons and community center. • Community common open space will be provided in the center and northwest quadrant of the property, as well as around the perimeter of the site. • A Category B full screen buffer along the portion of the northern property line adjacent to the 0 • Rezoning #13-04, Westbury Commons January 31, 2005 Page 6 existing 132 zoned parcel. The applicant will provide a twenty-five (25) foot landscaped buffer along the western project property line, adjoining Westminster -Canterbury Drive. A fence, of a minimum of four feet in height, shall be constructed along the residential lot lines that adjoin this buffer. Planning Staff Comments: In the comments provided for the rezoning proffer by Mr. Robert Mitchell, Esq., the following issues have not been addressed by the applicant in the revised proffer statement: • Maintenance of the trail system, the buffers and fencing, and the community center is unclear. Construction and maintenance of the community center shown on the GDP is unclear. Also, the GDP shows the community center only accessed by a trail. Mr. Mitchell felt it would be appropriate to include language in the proffer to the effect that the community center shall be located as generally shown on the GDP, and will be handicap accessible, provide for parking, and meet other requirements of County ordinances. PLANNING COMMISSION SUMMARY & ACTION OF THE 01/19/05 MEETING: Some members of the Commission did not consider it appropriate to construct a community center for only 11 homes designated for the project; they believed it would be too costly to maintain and may not get full use. They suggested a donation to Parks & Recreation in lieu of the community center. It was also suggested that the four - foot fence along the road seemed to be out of place with the surrounding area. The Planning Staff responded that the community center is a zoning ordinance requirement for the single-family, small -lot housing type and no waiver option exists in the ordinance. The applicant was in favor of working towards an ordinance amendment and suggested the possibility of a waiver option allowing 30 units or under to provide a recreational equivalent, based on the total number of dwelling units, in lieu of the community center. However, the applicant suggested that possibly, a portion of the money could be kept on site for the benefit of the residents of the community and another portion designated to the county for regional parks, etc. Concern was also raised by Commission members about the capability of a homeowners association on such a small scale to maintain roads in perpetuity. The applicant replied that potential buyers are aware of the HOA requirements and prefer a private street that is not open to the public; he added that the road will be constructed to meet or exceed the public street pavement section utilized by VDOT. Regarding the proffered amount for fiscal impacts, the applicant responded that the net cost per dwelling unit for both fire & rescue and the sheriff was under $500 and they were attempting to double that amount. In addition, the applicant provided letters of support from the Canterbury Square residents and residents along Hickory Lane who preferred to have this parcel developed residentially as opposed to commercially. The consensus of the Commission was that an ordinance amendment needed to be considered concerning the possibility of providing a waiver option on a community center for developments on this small scale. However, they did not want to hold up this particular rezoning application until that was accomplished and proceeded on a recommendation for the Board. The majority vote was as follows: YES (TO APPROVE): Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Manuel 0 0 Rezoning #13-04, Westbury Commons January 31, 2005 Page 7 NO: Straub, Gochenour (Note: Commissioner Rosenberry was absent from the meeting.) STAFF CONCLUSIONS FOR 02/09/05 BOARD OF SUPERVISORS MEETING: This application is a request to rezone approximately 3.13 acres of land from the B2 (Business General) District to the RP (Residential Performance) District. While the land requested for rezoning is within the UDA (Urban Development Area), the Eastern Frederick County Long Range Land Use Plan indicates that the property should be used for commercial use. Due to the subject site's location adjacent to the RP zoned Westminster Canterbury development, a rezoning from a B2 zoning to a RP zoning may be supported to continue the consistency and compatibility of the area, if all impacts are appropriately mitigated. The Frederick County Planning Cormnission recommended approval of this rezoning application by majority vote during their review on January 19, 2005. Followinga the required public hearing, a decision regarding this rezoning application bV the Board of Supervisors would be appropriate. The applicant should be prepared to adeguatelV address all concerns raised bV the Board of Supervisors. OUTPUT MODULE APPLICANT: Westbury Commons Net Fiscal Impact LAND USE TYPE RP Costs of Impact Credit: REAL EST VAL S1,442,100 Required (entered in FIRE & RESCUE = 9 Capital Faciltiies col sum only) Fire and Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation Public Library Sheriffs Offices Administration Building Other Miscellaneous Facilities SUBTOTAL LESS: NET FISCAL IMPACT NET CAP. FACILITIES IMPACT $4,961 $47,165 $27,744 $40,673 $16,885 $2,935 $1,737 $2,230 $2,844 $147,175 $0 Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per Oper Cap Equip Expend/Debt S. Taxes. Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit $0 $0 $4,961 $451 $7,717 $37,462 $45,179 $32,300 $83,282 $7,571 $3,805 $3,805 $2,721 $14,164 $1,288 $821 $821 $587 $2,348 $213 $1,423 $0 $355 $1,778 $1,271 $466 $42 $0 $0 $0 $2,230 $203 $2,743 $3,028 $5,771 $4,126 $0 $0 $11,884 $40,490 $4,981 $57,355 $41,005 $106,170 $9,652 $0 $0 $0 $0 $106,170 $9,652 INDEX: "1.0" If Cap. Equip Included: 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Cc Avg: -------------------------- -- METHODOLOGY: 1. ----------------- -------- Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 01/19/05 SKE Project Description: Assumes 11 single family detached units on 3.03 acres zoned RP District. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 0.533 0.715 U J H z ww �-- �N w o> CD Z w w 0 0 O Q z w m 53 A 52C 53D 3 2 \� BENHAM, HARRY K TSENG, CHEN & CHRISTINA DRAINAGE EASEM 53D 3 3 BFNyq� Hk /TRH BENHAM, H K III TRUSTEE ----- - -- --- ST RF 53D 3 4 BENHAM, H K III & JAMES ANDERSON SUNNYSIDE PLAZA CIRCLE 53 F H K 111 BENHAM, OS 42 A 19 'Volt MPNREALTVBNC 0 53A A I PATEL, GIRISH T. & NITILA G. Z m � � ➢ ygss/�c9 � � . � a J ROeFRpF /� 53-4-3-Dl C $3,q UPPER CRUST LLC �Rk ROeFRr( ti vac' 53A A 6 Q UNGER S � tiygRVFSTCOA44f � kiosk q�M/N` � S, l s3q ! BrRoN 2 q S 9FgN s R O Ck 50q ? i 63 OG MqN C 3 NgRVFSTCoAf43 , s ! OORAIO! ES lNC "W 53q 638.49 BFgN � BUTLER CORDDR CID kH09 g 3 /ARER COMMON 5 LAC �s cyFRy!!YN MYFRS OOr( f� Rezoning # 13 - 04 - WESTBURY COMMONS (53-4-3-E & 53-4.3-F) 500 1' ^ s Feet 'll 53 A 52C * I 53D 3 2. �, �42 Acry y •' = ~ + _ ci BENHAM, HARRyK TSENG, CHEN & CH R , N DRAINA6EE EASEM BENHAM3D K3 TRU F � I, ' PATEL, GIRISH T. & NITILA G. w n� Q' LIJ f oCID _ v, z Lu w..,_ 5 - -D1 . m ,46UWYSIDE PLAZA • 's s; � � • fir' � T -�.-. � %' - f . r r f , r.i t r•otr pN r v AL r s, fir: ! A� CIRCV7 .. - N COMMO . AREA -),, FR ✓U ' 'y . m Rezoning # 13 - 04 - WESTBURY COMMONS N (53-4-3-E & 53-4-3-F) w E s 0 0 Pile I14079/EAwajo Proffer Statement Greenway Engineering • REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATA: Preliminary Matters August 13, 2004 • Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 PROPOSED PROFFER STATEMENT Westbury Commons Rezoning RZ # Business General (B2) to Residential Performance (RP) 3.13-acres +/-; Tax Parcels 53-((4))-3-E & 53-((4))-3-F (the "Property") Harvest Communities, Incorporated Harvest Communities, Incorporated WESTBURY COMMONS REZONING August 13, 2004 December 22, 2004 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 3.13-acres from the Business General (B2) District to Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject property, identified as Westbury Commons, and more particularly described as the lands owned by Harvest Communities, Incorporated, being all of Tax Map Parcel 53-((4))-3-E and 53-((4))-3-F and being the same property as shown on a plat of survey prepared by Elliot Ritchie, Jr., LS, recorded in Clerk's Office of Frederick County, Virginia in Deed Book 553 at Page 489. File 114079/AJC Greenway Engineering • August 13, 2004 • Westbury Commons Rezoning Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 A. Generalized Development Plan The applicant hereby proffers to develop the 3.13-acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. B. Declaration A Deed of Subdivision and Declaration of Restrictive Covenants ("Declaration") shall be recorded with the subdivision record plat. The Declaration shall provide for a Homeowners Association and set forth maintenance responsibilities for all common areas and facilities. C. Residential Use Enhancements 1. The applicant hereby proffers that the 3.13-acre property shall be developed pursuant to the "Single-family small lot" detached dwelling unit option as permitted in the Residential Performance (RP) District. All other housing types allowed in Section 165-65 are hereby prohibited. 2. The applicant hereby proffers to limit the total number of "Single-family small lots" to eleven (11), with all lots being subdivided to a minimum of 6,000 square feet within the privately held lot area. Each lot shall adjoin common open space areas along the rear property line. 3. The applicant hereby proffers that for those lots that share a driveway with an adjacent lot, the Declaration and the deeds for the affected properties shall set forth the maintenance responsibilities for the shared driveways. D. Private Street The applicant hereby proffers to serve the community with a private street. The cross sectional dimension of pavement thickness an compacted base thickness will meet or exceed the public street pavement section standards utilized by the VDOT. The Westbury Commons Homeowners Association shall be responsible for the maintenance of this street. All residential lots shall have frontage on the private street access easement. File 1/4079/AJC 2 Greenway Engineering August 13, 2004 • Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 E. Age -Restricted Community Westbury Commons Rezoning The applicant agrees that the following language shall be included in the Declaration and the deeds conveying real property designated as age -restricted housing on that portion of the property. All occupied residential units shall be occupied by at least one person fifty-five (55) years of age or older and within such units the following conditions shall apply: All other residents must reside with a person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child of eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty-five (55) years of age or older. Not withstanding this limitation, a person hired to provide live-in, long term or terminal health care of a person who is fifty- five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care. 2. Guests under the age of fifty-five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. 3. If title to any lot or unit shall become vested in any person under the age of fifty- five (55) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenants shall not work a forfeiture or revision of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he/she shall have attained the age of fifty-five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. F. Recreational Amenities The applicant hereby proffers to construct a five-foot wide asphalt pedestrian trail system throughout the project, with connections to the center commons and community center as depicted on the Generalized Development Plan. The pedestrian trail shall be linked to the private street, at a minimum, via a crossing at the entrance and legal access in the vicinity of specific driveways, as depicted on the Generalized Development Plan. G. Open Space The applicant hereby proffers to provide community commons open space in the center and northwest quadrant of the project, as well as around the perimeter of the site. Pile 1f4079/AJC 3 , Greenway Engineering 09 August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 2. The applicant hereby proffers to provide a Category B full screen buffer along the portion of the northern project property line adjacent to existing B2 zoned parcel. 3. The applicant hereby proffers to provide a twenty-five (25) foot landscaped buffer along the western project property line, adjoining Westminster -Canterbury Drive (Route 1318). A fence, of a minimum four feet in height, shall be constructed along the residential lot lines that adjoin this buffer. H. Monetary Contribution to Offset Impact of Development The undersigned owner of the above -described property hereby voluntarily proffers that in the event rezoning application # /� -D is approved, the undersigned will pay into the General Fetid of Frederick County, Virginia $1,000 for each residential lot that is platted, to mitigate fiscal impacts to County services. This monetary contribution will be paid at the time of the building permit issuance for each residential lot. Pile /14079/AJC 4 , Greenway Engineering 69 I. Signatures August 13, 2004 Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 Westbury Commons Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Sub i e By: / T. tuar, er, President Date Harvest Communities, Inc. Commonwealth of Virginia, Cii, /County of F-1/&(j(-�,io r4 To Wit: The foregoing instrument was acknowledged before me this 2-3 day of 1Dc: � all bf i- 20 C11- by k Notary Public My Commission Expires �� ,�C'.0 2` ( '2 (-,C File J/4079/AJC 5 0 0 Action: AMENDMENT PLANNING COMMISSION: January 19, 2005 - Recommended Approval BOARD OF SUPERVISORS: February 9, 2005 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 13-04 OF WESTBURY COMMONS WHEREAS, Rezoning #13-04 of Westbuiy Commons, submitted by Greenway Engineering, to rezone 3.13 acres from B2 (General Business) District to RP (Residential Performance) District. This property fronts on the east side of Westminster -Canterbury Drive (route 1318), approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522), in the Stonewall Magisterial District, and is identified by Property Identification Numbers (PINs) 53-4-3-E and 53-4-3-F. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 19, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 9, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 3.13 acres from B2 (General Business) 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 404-05 0 • This ordinance shall be in effect on the date of adoption. Passed this 9th day of February, 2005 by the following recorded vote: Richard C. Shickle, Chairman Gina A. Forrester Lynda J. Tyler Gene E. Fisher Barbara E. Van Osten Gary Dove Bill M. Ewing A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PDRes 1/04-05 so Impact Analysis Statement File N4079/CAWajc Greenway Engineering August 13, 2004 40 Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 WESTBURY COMMONS REZON.ENC7 INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 3.13-acre subject property identified as Westbury Commons and owned by Harvest Communities, Incorporated. The subject property consists of two contiguous parcels, those being: TM 53-((4))-3-E containing 1.59-acres and TM 53-((4))-3-F containing 1.54 acres. The subject site is located on the west side of Westminster -Canterbury Drive (Route 1318), approximately 1,000 feet south of the intersection of Westminster - Canterbury Drive (Route 1318) and North Frederick Pike (Route 522). The applicant proposes to conditionally rezone the 3.13-acre tract from Business General (B2) District to Residential Performance (RP) District. The applicant plans to create a compact eleven -unit community of detached single-family small lot homes. (Reference Attachment 1. Location and Existing Zoning Exhibit for Westbury Commons) Basic information Location: Fronting on the west side of Westminster -Canterbury Drive (Route 1318), approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522) Magisterial District: Stonewall Property ID Numbers: 53-((A))-3-E and 53-((4))-3-F Current Zoning: Business General (B2) District Current Use: Unimproved Proposed Use: Residential, Single-family small lot, detached Proposed Zoning: Residential Performance (RP) District Total rezoning area: 3.13 acres Proposed build -out 11 Single-family detached residential lots File #4079/EAW/njc .2 Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 COMPREHENSIVE PLAN AND ZONING ORDINANCE 1. Urban Development Area Expansion of the. Urban Development Area WIDA) beyond its ex.istidg boundary is not required by this application. 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. 3. Recreational Units Reauirement Frederick County Code Section 165-64 states: A. Housing types with lots sizes of less than 5,000 square feet shall provide the following recreational units or equivalent recreational facilities, for - each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single- family small lot housing shall provide a community center that provides for the equivalent of three age -appropriate recreational units for each 30 dwelling awaits. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission, in conjunction with the Administrator and the Department of Parks and Recreation, using the following recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan review. [Amended 10-27-1999] B. A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together- to meet the needs of the total development.... The applicant proffers all lots shall be at least 6,000 square feet in area. The subdivision will utilize the "small lot development" option of the Residential Performance (RP) District. The applicant proffers to limit the total number of units to only eleven (11) homes. The project is exclusively for age -restricted residents, as enforced through proffers and deed restrictions. In keeping with the spirit of the ordinance as well as the interests of these future residents, the applicant intends to provide recreational amenities. A recent Planning Department interpretation holds that the ordinance requires the subject proposal to provide a community center building valued at $75,000, as well as other recreational amenities valued at $25,000. File #4079/EAW/aje 3 Greenway Engineering 0 August 13, 2004 Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2MJ Westbury Commons Rezoning T lie applicant requests the Planning Commission, in conjunction with the Administrator and Department of Parks and Recreation, consider a "design and amount of facilities" proportional and appropriate to eleven age -restricted homes. In keeping with the recent Planning Department interpretation, community ,center 4s 1 included 'in the proposal. In addition, the applicant- proffers to provide an age -appropriate pedestrian trail system. A. SUITABILITY OF THE SITE Access The subject site, consisting of tax parcels 53-((4))-3-E and 53-((4))-3-F, is located within a manmade boundary created by Westminster -Canterbury Drive (Route 1318) on the western frontage of the property, commercially zoned and developed adjacent properties to the north, the J.P. Darlington residential subdivision to the east, and the Canterbury Square and Westminster Canterbury residential communities to the south. The sole access to the subject site will be from Westminster -Canterbury Drive (Route 1318). A Generalized Development Plan (GDP) has been submitted as a proffered exhibit. The GDP identifies the general common open space, buffer, and road layout. (Reference Attachment 2, Generalized Development Plan Exhibit for- Westbury Commons) Flnnrl Plainc The subject property can be found on FEMA NFIP map #510063-0105-B. The entire site is located outside the 100-year flood plain in designated "Zone C". Wetlands The National Wetlands Inventory data from the Frederick County GIS database indicates there are no wetlands on this site. Soil Types The soil types contained in this tract have been obtained from the Frederick County GIS database. The subject site contains the following two soil types: 14B Frederick Poplimento loams 2-7% slope covers approx. 259' of site 17C Frederick Poplimento rock outcrop complex 2-15% slope covers approx. 757' of site Table 5 on page 123 of The Soil Survey of Frederick County, Virginia, identifies the 14B Frederick Poplimento loams soils as prime farmland; however given the small area of these soils within the subject property and the existing development surrounding the property, it is not well suited to agricultural activities. The remaining soil type on site is not identified as prime farmland soil. File ##4079/EAW/ajc . 4 Greenway Engineering a Other Environmental Features August 13, 2004 Revised September 29, 2004 Revised November 1, 2004 Revised nezcTber 2, 2004 Westbury Commons Rezoning The: ;site :does; not contain areas of steep slope or ,woodlands as Aefined.by t-he Frederick. Count;, Zoning Ordinance. B. SURROUNDING PROPERTIES Adjoining propertyzoning and present use: North: Business General (B2) District Residential Performance (RP) District South: Residential Performance (RP) District East: Residential Performance (RP) District West: Business General (B2) District C. TRANSPORTATION Use: Commercial; car wash Use: Mixed; residence and grocery store Use: Residential; Canterbury Square Use: Residential; Darlington Subdivision Use: Commercial; Sunnyside Plaza Traffic will access the site via Westminster -Canterbury Drive (Route 1318). Westminster - Canterbury Drive (Route 1318) intersects North Frederick Pike (Route 522) at a median crossing, which provides the ability to safely cross North Frederick Pike to access commercial services and the Route 37 By-pass to the west. Westminster Canterbury Drive averages 1,800 vehicle trips per day according to VDOT 2002 counts Pursuant to the I.T.E. Trip Generation Manual, 7th Edition (page 453), single-family detached adult housing generates an average of 3.71 vehicle trips per day (VPD). VDOT has recognized an average VPD of 5.6 for this land use in recent traffic studies; therefore, the proffered eleven -unit subdivision would produce an average daily traffic volume ranging between 41 and 62 vehicle trips. Sight distance at the North Frederick Pike intersection is very good and a median crossing exists to facilitate safe traffic movement from Westminster Canterbury Drive. The internal subdivision street is to be a private road, maintained by the Westbury Commons Dome Owners Association. The Proffer Statement ensures the cross sectional dimension of pavement thickness and compacted base thickness will meet or exceed the public street pavement section standards utilized by VDOT. The private road is to be contained within an access easement, with all individual lots having frontage on the access easements (as permitted through Code § 144-24.C.2.b). File lt4079/EAW/ajc . 5 Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 D. SEWAGE CONVEYANCE AND TREATMENT The 3.13-acre property is located in the northwestern portion of the Sewer and Water Service :'Area I(SWSA). There is. an: existing, Frederick- County, 6anitation.Authority.(FC.SA), 8,'...,,;r+;�: ; sanitary sewer main on the south arid east side of the subject site, which. wilt serve +he project. Effluent is conveyed from this geographic area to the Opequoll Waste Water Treatment Plant through a series of transmission lines ranging in size from 12 inches to 30 inches. The eleven lots will be connected to the main in accordance with FCSA regulations. Impacts of the proposed rezoning on the sewage conveyance and treatment system are based on the proffered land use of eleven single-family detached dwelling units. Design figure estimates are based on 225 gallons per day (GPD) per single-family detached unit. The figures below represent the impact that this project would have to the sewage conveyance system and treatment system at full build -out of eleven (11) dwelling units: Q = 225 GPD per dwelling unit Q = 225 GPD X 11 dwelling units Q = 2,475 GPD The proposed zoning is estimated to add 2,475 gallons per day to the public sewage conveyance system and the Opequon Wastewater Treatment Plant. The design capacity of the treatment plant is 8.4 million gallons per day, of which the City and the County are currently utilizing approximately 6.4 million gallons per day. The total build -out of the proposed subdivision would require approximately 1/10 of one percent of the available capacity at the Opequon Waste Water Treatment Plant; therefore, adequate capacity, source and infrastructure is available for this development. E. WATER SUPPLY The 3.13-acre property is located in the northwestern portion of the Sewer and Water Service Area (SWSA). There is an existing FCSA 8-inch water line along Westminster -Canterbury Drive, which will serve the project. Impacts of the proposed rezoning on the water supply system are based on the proffered land use of eleven single-family detached dwelling units. Design figure estimates are based on 275 gallons per day (GPD) per single-family detached unit. The figures below represent the impact that this project would have to the water supply system at full build -out of eleven dwelling units: Q = 275 GPD per dwelling unit Q = 275 GPD X 11 dwelling units Q = 3, 025 GPD File #4079/EAW/ajc 6 Greenway Engineering 0 August 13, 2004 Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 Westbury Commons Rezoning The proposed development would utilize an estimated 3,025 gallons pet. day. The North West water storage and Sunnyside water storage tank provide water source and maintain adequate pressure for the Sunnyside community. The water storage tanks are served by :.adequate transmissiow lines and source, which includes :the-Stephens,City quarries :and: water purchased front the ("'ity.of `F.rinchester. The projected water. tfsage at huil&out is negligible. Therefore, adequate capacity, source and infrastructure are available for this subdivision. F. SITE DRAINAGE The 3.13-acre site is relatively flat, generally falling gently eastward from the Westminster Canterbury Road frontage to the rear of the tract. The topographic low point of the site is in the northeast corner. An onsite storm water management pond is proposed in this corner of the property to control the increased run-off. Stormwater will be detained during peak recovery of 2, 10, and 100-year storm events for discharge into an existing shallow Swale at or below pre -development rates. All stolen water management measures are to be approved by the County Engineer. G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected based upon each household having an annual average volume (AAV) of 5.4 cubic yards of landfill volume (Civil Engineering Reference Manual, 4t1i edition). The following figures show the increase in daily volume based on the proffered density of 11 dwellings. AAV = 5.4 cu. yd. per dwelling AAV = 5.4 cu. yd. X 11 dwellings AAV = 59.4 cu. yd. It is estimated that the proposed development will provide approximately 1/10 of one percent increase in the Municipal Solid Waste portion of the Regional Landfill. The Landfill has the capacity to accommodate this increase in solid waste generation. File #4079/EAW/ajc 7 Greenway Engineering 0 August 13, 2004 • Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 H. HISTORICAL SITES AND STRUCTURES 1. Virginia Division of Historic Landmarks The Rural Landmarks Survey Report, for rrederick. Count-,- iden ifies .the Martin 'Hou�t (file #34-527) as a potentially significant property within this geographic area of the County. The Martin House is not listed as a property potentially eligible for the State and National Register of Historic Places. The Martin House, located more than a quarter mile east of the subject property, and to the east of the Budget Motel, is not visible from the Westbury Commons site. Therefore there are no impacts to the Martin House as a result of this rezoning application. 2. Winchester Regional Preservation Office Department of Historic Resources There were no archeological artifacts found on the site. I. OTHER IMPACTS The Frederick County Capital Facilities Fiscal Impact Model has been applied to the development of twelve (12) single-family detached dwelling units (an earlier design of the project yielded one more lot). The results of this model run indicate that development of the subject site with typical single-family homes would result in a net fiscal impact of $9,652 per dwelling unit. However, it is noted the Westbury Commons community is proffered as an age -restricted community; therefore the impacts would not be that of typical (i.e. not age - restricted) residences. This difference is most evident in the very limited impact this project will have on the school system. Removing the $7,571 attributed to Public Schools from the formula leaves a net fiscal impact of 2,081 per dwelling unit. Due to the current interpretation of Zoning Ordinance provisions for RP District small lot subdivision, this application is required to provide on -site recreational amenities valued at approximately $100,000 (i.e. four recreational units), or $9,090.91 per dwelling unit (exclusive of operating/maintenance costs). The cost of these required recreational amenities far exceeds the anticipated value to the residents and should more than satisfy any further contribution to the Parks and Recreation component of the model. Removing the $1,288 attributed to Parks and Recreation from the formula leaves a net fiscal impact of $793 per dwelling unit. It is acknowledged this development will have fiscal impacts to County services, including County Administration, Fire and Rescue, Public Libraries, and Sheriffs Department. The applicant has proffered a $1,000 per dwelling unit monetary contribution to mitigate impacts projected by the fiscal impact model. File #4079/EAW/ajc 8 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Zoning Amendment Number Date Received m AQ f1 U PC Hearing Date BOS Hearing Date p _ 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: Harvest Communities, Inc. Attn.: Stuart Butler Address: 147 Creekside Lane Winchester, VA 22602 2. Property Owner (if different than above) Same as above 3. Contact person if other than above Name: Greenway Engineering Attn.: Evan A. Wyatt, AICP Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 678-1462 Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X S..'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 ito be rezoned:, Harvest Communities, Incorporated. 6. A) Current Use of the Property: Unimproved (3.13 acres) B) Proposed Use of the Property: Residential, Single-family small lot, detached 7. Adjoining Property: Please see attached PARCEL ID NUMBER USE ZONING 53-((4))-3D 1 Commercial B2 53-((4))-3E Commercial B2 53-((4))-3F Commercial B2 53-((A))-52C Commercial B2 53-((A))-52E Commercial B2 53A-((A))-6 Residential B2 53A-((2))-D-3 Residential RP 53A-((2))-D-4 Residential RP 53A-((2))-D-5 Residential RP 53A-((2))-D-6 Residential RP 53A-((2))-D-7 Residential RP 53A-((2))-D-8 Residential RP 53A-((2))-D-9 Residential RP 53134(4))-7 Residential RP 53B-((4))-8 Residential RP 53B-((4))-9 Residential RP 53B-((4))-20A Residential, common space RP 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): Fronting on the west side of Westminster -Canterbury Drive (Route 1318), approximatelX 1,000 feet south of the intersection of North Frederick Pike (Route 522). Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to v.se its capital facilities impact model, it is necessaty for the applicant to.�provide information concerning the specific& -of 'the_proposed use.. Otherwise, the Manning staff wi?1 use the maximum possible density or intensity scecario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Numbers 53-CC4��-3 Districts 5 3 Magisterial: Stonewall High School: James Wood High School Fire Service: Round Hill Middle School: Frederick County Middle School Rescue Service: Round Hill Elementary School: Apple Pie Ridge Elementary School 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 3.13 B2 RP 3.13 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 homes: 11 Townhome: 0 Multi -Family: 0 Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: Service Station: 0 Manufacturing: 0 Warehouse: 0 0 Retail: 0 Restaurant: 0 Other: 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: Harvest Communities, Inc. B Stuart Butler, President *2De Owner: Harvest Communities, Inc. B % . Stuart Butler, President Date Adjoining Property Owaers Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property `abutting the re quested''rtiperty on the side' or rear or. ariy prone.rty directly: across: woublic right-of-way, a private right-of-way, or a watercourse from the requested p, operty. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Upper Crust, LLC 112A Bruce Drive Winchester, VA 22601 Property # 53-4-31)1 Name James T. & Jessie S. Wilson 1200 Fairfax Street Stephens City, VA 22655 Property # 53-4-3E Name A's Copier Sales & c/o Gary L. Adams 249 Glenridge Drive Winchester, VA 22602 Property # 53-4-3F Name Harry K. Benham 21 South Loudoun Street Winchester, VA 22601 Property # 53-A-52C Name H.K. Benham III & James T. Anderson PO Box 368 Winchester, VA 22604 Property # 53-A-52E Name Vernon B. &Frances A. Unger 5179 Barley Drive Stephens City, VA 22655 Property # 53A-A-6 Name Almira L. Kipps 106 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-3 Name Almira L. Kipps 106 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-4 Name Betty Lou Reeves Bean 112 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-5 a Name and Property Identification Number Name . Betty Lou �Zeeves: Bean .. 112 Hickory Lane Winchester, VA 2't Property # 53A-2-D-6 Name Betty Lou Reeves Bean 112 Hickory Lane Winchester, VA 221 Property # 53A-2-D-7 Name Thomas J. Place 116 Hickory Lane Winchester, VA 221 Property # 53A-2-D-8 Name Thomas J. Place 116 Hickory Lane Winchester, VA 221 Property # 53A-2-D-9 Name Jeremy P. & Holly L. Buck 105 Rugby Place Winchester, VA 22, Property # 53B-4-7 Name Edward H. & Gertrude H. Corddry 103 Rugby Place Winchester, VA 22 Property # 53B-4-8 Name Stephen G. Butler PO Box 2097 Winchester, VA 22 Property # 53B-4-9 Name North Frederick Realty PO Box 2800 Winchester, VA 22 Property # 53B-4-20A :.r tAa:t Do I fee 0' 1J4.7J' 16Y.6i• rel.r,.1 - FiTt 2 I41 3'2r- 75s.! ' 282.67• IYI ,6•• :62.Jr silo s 22 Y/• SITE T ° l `'0 17 a W6_6:' iie°iJ •� L. 1 WtIIitY [.6w �. It wlclrf T7 MAP Scale:1'•.2000' ', •� r' UWINQ UNTO t•S�0.0 S — 12.11/11ciKS ►60►0St0 Q• WIII-fAMI IY • 1.6200 ACAEi A.134.00' r y—Lt�1.,,�s.� Fire 0 r16,02 S6 . ! r •I,r� e►r,.ti' f i2s.eJ; T11.? .101.1 A-Y6.216•l0T [ LaiOT 6 I WT f I.IIe �1 :pI.J66s Ac.'•I��I.WI6 At. . ,r. LOT AII_I.2006 AC. ' 1.2101 AC. 2•u76 At. « g • h d I� 4' S••ar 1 ~ 1� i sli.so 7<t ,1Z leo.00 = 140,00' stY I� �• lo• Utility [eee.eet -- L 11� A2' �I' tl '1 — '_- . _ I • CIf2.00' 'li • I,rt4,so, _ • 20' Ulllltt [etesnl t♦ �r LC6[NO tie Y..rety line LN6—Iertl6r7 MUI►ole PLAT Hotel Cariwd /Iet FREDERICK MAIL L1 6AIIIELIORO $is ►R[OrRICA COUNTY. 1 ICALEII'=200' st ' IIFCMI[ fURY[1 LTE/Il[RI CITY, V1 rt�r/1�"�ffu�°%%I��wjD'JeCK pOl/tlT�'. fOf. M •at&* Aw— 0,4wIMCIf OGtItY11', /CIT, Tt�e m--n y e1 ON we B M tweN. AOU"t 0•u63 . IAS DRIrE • SO'[ 67.. Lpt 2 al°,1 for rYtu,••ij„ 10. 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J SI i licr 1' SI ° 'I •r 701- 1°j" '• ON S7'Oa A . -FAINW Lf ., , D ACIM 1-10.00'-1 00tYbt �� I12,00' \ 20' Utllilr IaNs•t 1aR P Stub OYt •{,j°' jo.r `, i FREDERICK MALL LAND TRUST �xJ Elliott lt,kne p t GAIIES10110 DISTRICT ,y •pit\" ,`,� � fSEDERIC[ COUMtY. 111`IRIA 1 LICENSE No SCAIE:1-=200' SfPTEMIEk 10, 1152 lly 1 �rtk t1 TCM IE SURVEYS STE►MEWS CITY, VIMIIRIA w ..w�ii+,l.w +:�:...._..... .. ... ..' II "IA f111WICK Clov". 111M iNa/{�1erx wCN M wRr1( rat MwArlr * Rab M p11-aY� MSI ofIPA •,�{: 'i: al_1_YSar. zlrl.. .n..11MM aartlrru.Aa a wtr+vn,�„aa ,hM,L.VoaW tYRa . I r I e1110MA fRIDUbtL1I CWgiII. fOf. The b swvnwM of wO*W .m pvdwW r .w aIw .eM aan4oaaa of aue4000%me,t ii-No wt and miss all**# I M eaeaA. l r CANTERBURY SQUARE HOMEOWNERS' ASSOCIATION 101 Rugby Place Winchester, VA 22603 (540) 662-3486 January 13, 2005 SENT VIA FA,CSJMILE (540) 665-6395 County of Frederick Department of Planning and Development Board of Supervisors 107 North Kent Street Suite 202 Winchester, VA 22601-5000 Re: Rezoning Application #13-04 for Westbury Commons Hearing Datc: January 19, 2005 at 7:00 p.m. Gentlemen: As President of the Canterbury Square Homeowners' Association, I would urge that you approve the rezoning of the 3.13-acre tract from a B2 to a RP District. Canterbury Square consists of twenty (20) residences which are immediately adjacent to the site for which the rezonbig is requested. The Association would prefer the RP zoning since such a change is consistent with ;good zoning practices and will promote better planned growth in the area. Very truly yours, CANTERBURY SQUARE YOM&S'S0CIATI0N S. G. Butler President SGB:bgm cc: Stuart E. Butler JAN 1 3 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT 898-d 10/10 d 29-1 181EZZ299+ 0 1 d Hung 3301 NUSNHOt 11V03H1 A-wojd wd8E:E0 90-81-10 11/28/2004 11:56 540395 FRED CO PL NG DEP PAGE 02/06 DECEE VC 10 NOV 1 5 2004 01 TICK COUNTY 8 DEVELOPMI November I2, 2004 Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601-5000 Re: Westbury Commons Re -Zoning Dear Mr. Lawrence: I am the owner of an existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B-2). I would support re -zoning it to a residential use (RP) which is consistent with my property. Please contact me if you have any questions. Sincerely, (signature) To^A 5 T Pi-Ac-F (print name) JAI I-� L 1=C� Y L 4 N E (print address 11/28/2004 11:56 5406(8395 FRED CO PLA4VG DEP PAGE 03/06 Mr. Eric Lawrence Department of Planning and Development County of Frederick 1.07 North Kent Street Winchester, VA 22601-5000 Re: Westbury Commons Re-7-oning T 1[�aV E NOV 1 8 2004 FREDERICK COUNTY PtANNIM a D LOPME1wR November 12, 2004 Dear Mr. Lawrence: I am the owner of an existiug Home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B-2). I would support re -zoning it to a residential use (RP) which is consistent with my PrePery. Please contact me if you have any questions_ Sincerely, s (signature) (print name) (print address) PAGE 04/06 11/28/2004 11:56 540�395 Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601-5000 Re: Westbury Commons Re -Zoning FRED CO PLAJfNG DEP November 12, 2004 Dear hr. Lawrence: I am the owner of an existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B-2). I would support re -zoning it to a residential use (RP) which is consistent with my property. Please contact me if you have any questions, Sincerely, �°4'1-J (si tore) L. Zeg, ` 1 name) l� ter, LartiL Ni aL&6b3 (print address) (.0 �O&—('A 3� PAGE 05/06 11/28/2004 11:59 540if6395 Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601-5000 Re: Westbury Commons Re -Zoning FRED CO PLW NG DEP November 12, 2004 Dear Mr. Lawrence: I am the owner of = existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B -2). I would support re, -zoning it to a residential use (RP) which is consistent with. my Property - Please contact me if you have any questions. Sincerely, (signature) (print name)~ / a 6 Al v-, VL-t (print address)12.( D �- 11/28/2004 11:56 5406395 FRED CO PLA ING DEP PAGE 06/06 November 12, 2004 Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601-5000 Re. Westbury Commons Re -Zoning Dear Mr. Lawrence: I am the owner of an existing Home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (I3-2). I would support re -zoning it to a residential use (RP) which is consistent with my property. Please contact me if you have any questions. Sincerely, (signature) 0 F K 'A rl C, 'e .S ll t7 E i� (print name) Ohnt address) z 4�- �. S,1.4- .I-'e79 0 D Nov FREDERICK COUNTY�A�T cn m J OUTPU. ..JDUL_E I I N m I APPLICAKT: Westbury Commons Net Fiscal (mpac{ I LATFD USE TYPE RP Costs of Impact Credit: Credits to beTaken foa Future Taxes Paid (NEM l Future CIP! Total PolentlaS Tax Credits Adjustment For 1 Revenue- Neicapital Mel Cast Per 1 j REAL EST VAL $1.573,700 Required (entered in Cur. Budget Cur. Budget Cap. Capital Fadltiies cal sum only) Cap Equip ExpendlDet d S. Taxes- Other (Unediustedl Cast Balance Facilities 1 mpact Awellim Unit 0Oaer W I FIRE 8 RESCUE = 9 f $D $0 $5Al2 $451 ( a_ I Fire and Rescue Department $5,412 _ 1 Elementary Schools $51.452 $30,256 $8,419 $40,867 $49,2M $35.236 $90_853 S7,571 Middle Schools HighS&DOIS $44.370 $4,151 34.151 $2.958 $15,45Z $t,21i8 l Parks and Recreation $1814z0 SB96 $895 $,34(l S2,56Z S213 [ j Public Ubrary $3,202 $11895 $1,553 $0 $387 S1.941) $1,357 $500 $42 S203 j j SherifFs06ices j Administration Building $Z.432 SU $2,992 $3,304 $D $6.296 so 5Z,43Z $4.501 SD SO I [ O1herMiscellaneous Facilities $3,103 f SUBTOTAL $160,554 Sf2,964 F44,171 $5.434 $fit, � $44,73333 S115,8222 $9,6522 Ld Q LESS: NET FISCAL IMPACT SD $i15,822 $9, 652 [ NET CAP. FACILITIES IMPACT I Z I H Z [ [ j J INDEX: "1.0' if Cap. Equip Included 1.0 [ INDEX: "1.0" if Rer-Cast Bat,'0.0" if Ratio iv Co Avg: 0.0 Rev -Cost Bat = D.533 I o_ 1 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg D.715 �- 1- { METHODOLOGY: 1. Capital facilities requnernents are input to the first column as calculalad In the model. f Q 2. Net Fiscal' impact NPV from operations calculations is Input in rmw total of second column 1 0 E (zero if negalive); included are the one-time tames/feea for one year only at full value. 3. NPV of future oper cap equip taxes paid in third cd umn as calculated in fiscal impacts- I 4. NPV of future capital expendlLurae taxes paid in fourth ool as calcu6efed in fiscal impacts. [ ( 5. NPV of future taxes paid to bring current county up to standard fu new facilities, as calculated for each now facility_ i 6. Columns fhTee through five aTe added as potential credits against the calculated capital j [ ( facilities requirements. These are acgusted for percent of costs covered by the revenues 1 from the projacl (actual, or as ratio to avg. for all residential development). i f NOTE: Proffer calouistians do not include Include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. SKE f NOTES: Model Run Date 08I05104 rn I ( Project Description: Assumes 12 single family detached units on 3.03 acfes zoned RP District. I j can I 1 L0 I + LO CD LO t j Due to changing conditions associated with development in the County, the results of this j Output Module may not be valid beyond a period of 90 days from the model run date. LD ter• co I m _ cv 1 rn � Ca • • GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T Project Name: Westbury Commons Rezonir File No: 4079 Date February 3, 2005 p 117FES - 3 FREDERICK COU—�Y ' PLANNII,1U & DEVELOPf,nENT To: FC Planning From: Andy Conlon Attn: Candice Perkins GREENWAY ENGINEERING Phone: 540-662-4185 Copied Evan Wyatt Fax: 540-722-9528 ❑ Urgent ❑ For Your Review ® As You Requested ❑ Please Comment Message: Candice, Per your request, attached please find ten additional copies of each of the following two rezoning exhibits for the Board of Supervisor packet: Location and Existing Zoning Site Plan Sheet, Generalized Development Plan The revised Proffers, original signed and notarized set, are also included with this transmittal. Let us know if you need anything else. Andy Greenway Engineering Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com A ME: tona r L✓'TIw az "0n'n-4 z mHr*� - a • ;M C3 H • • ao -tm rrz_n0" 3 LnM0 z O ma CL fan a rtt= n • Et% CD rU2G1An m 3; H M X aLT mr-t7o Azm m wr-70 r'G-aPIM3.-0 nHm VI 4rH A C3--IZ3H mna --3 XHn za Om;mcol) m mxr m s7CM n Q';UHJ M Lr ti ;u N3 m y t7 Ln s m ru n m G,nM O AW LnOO tyn <mAD• `0 r-1 :;uCn co a Mr o rA zz my ty-<m 0 -1 t7-im. H ;a M rm <> ty m r -n < -" H O M QO frail (� Ina a w x ru 7' m ru C- zr. ti a-. M om 0 --i C4 c H 20 H A Ln f3 z a n w ru -c ru r •• m Ln m c In d •' A o z m w z ru r a , -n -'3 r3 -3 En C3 a 0 Z a N• r ty n LA o H m O lE r a 0 m 1.-• o fD m rr a C: H P. Lx3 "a rn �733-03 a) -3 H C3 n ct t7 m LD h- fD -3 wm ro3 a< Ln \ -0-3 a M 3 r- Ln ru ty a m !- a n 0 L3 C3 C w In ct r• m C om art'< a Ln Atf-4;ud-i '-i r nm-3ma W .-D -UF OF ih Ih Ul i1F n YT a La ct n -a cr :3 h•• m X' # IA LA m # # . ct ct m m # -s # d LX7 .... 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TI A C3 H Ln Ln Ln 0 to 0" Lr I w n � r�tit a -jruru x_rir O 0' tr Ir r3 w \ \ a m w C3 •J C3 IM ,I _.i -i M -J n MC3 `ti C'-CL-+7Coo H w Ci C3 Cl PJ y WESTBURY COMMONS REZONING APPLICATION Stonewall Magisterial District Frederick County, Virginia TM 53-((4))-E and TM 53-((4))-F aggregate area of 3.13 Acres December 23, 2004 Current Owners: HARVEST COMMUNITIES, INC. Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 0 Founded m 1971 Engineers Surveyors GREENWAY ENGINEERING 151 Windy Hill Lane , WinchesLer, Virginia 22602 �+'� �''' r7 Telephone 540-662-4185 �� FAX i40-722-9528 www.greenwiiyeng.com . �S a i • FREDERIGK ,NNING & C: D�� d� DEC2 7 it 11 --- OOnTY ,nrnnNG & DEVELoll MME Rezoning Application - Location Map Application Review Fee File t/4079/EAWajc .r IMPACT STATEMENT WESTBURY COMMONS REZONING Stonewall Magisterial District Frederick County, Virginia TM 53-((4))-3-E & TM 53-((4))-3-F aggregate area of 3.13 Acres August 13, 2004 Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 Current Owners: Harvest Communities, Incorporated Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 File #4079/EAW/ajc Greenway Engineering . August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 WESTBURY COMMONS REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 3.13-acre subject property identified as Westbury Commons and owned by Harvest Communities, Incorporated. The subject property consists. of two contiguous parcels, those being: TM 53-((4))-3-E containing 1.59-acres and TM 53-((4))-3-F containing 1.54 acres. The subject site is located on the west side of Westminster -Canterbury Drive (Route 1318), approximately 1,000 feet south of the intersection of Westminster - Canterbury Drive (Route 1318) and North Frederick Pike (Route 522). The applicant proposes to conditionally rezone the 3.13-acre tract from Business General (B2) District to Residential Performance (RP) District. The applicant plans to create a compact eleven -unit community of detached single-family small lot homes. (Reference Attachment 1. Location and Existing Zoning Exhibit for Westbury Commons) Basic information Location: Fronting on the west side of Westminster -Canterbury Drive (Route 1318), approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522) Magisterial District: Stonewall Property ID Numbers: 53-((A))-3-E and 53-((4))-3-F Current Zoning: Business General (132) District Current Use: Unimproved Proposed Use: Residential, Single-family small lot, detached Proposed Zoning: Residential Performance (RP) District Total rezoning area: 3.13 acres Proposed build -out 11 Single-family detached residential lots File 414079/EAW/ajc Greenway Engineering August 13, 2004 Westbury Commons Rezoning - Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 COMPREHENSIVE PLAN AND ZONING ORDINANCE 1. Urban Development Area Expansion of the Urban Development Area (UDA) beyond its existing boundary is not required by this application. 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. 3. Recreational Units Requirement r, Frederick County Code Section 165-64 states: A. Housing types with lots sizes of less than 5,000 square feet shall provide the following recreational units or equivalent recreational facilities, for - each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single- family small lot housing shall provide a community center- that provides for the equivalent of three age -appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission, in conjunction with the Administrator and the Department of Parks and Recreation, using the following recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan review. [Amended 10-27-1999] B. A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the total development.... The applicant proffers all lots shall be at least 6,000 square feet in area. The subdivision will utilize the "small lot development" option of the Residential Performance (RP) District. The applicant proffers to limit the total number of units to only eleven (11) homes. The project is exclusively for age -restricted residents, as enforced through proffers and deed restrictions. In keeping with the spirit of the ordinance as well as the interests of these future residents, the applicant intends to provide recreational amenities. A recent Planning Department interpretation holds that the ordinance requires the subject proposal to provide a community center building valued at $75,000, as well as other recreational amenities valued at $25,000. File #4079/EAW/ajc 3 Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 The applicant requests the Planning Commission, in conjunction with the Administrator and Department of Parks and Recreation, consider a "design and amount of facilities" proportional and appropriate to eleven age -restricted homes. In keeping with the recent Planning Department interpretation, a community center is included in the proposal. In addition, the applicant proffers to provide an age -appropriate pedestrian trail system. A. SUITABILITY OF THE SITE Access The subject site, consisting of tax parcels 53-((4))-3-E and 53-((4))-3-F, is located within a manmade boundary created by Westminster -Canterbury Drive (Route 1318) on the, western frontage of the property; commercially zoned and developed adjacent properties to the north, the J.P. Darlington residential subdivision to the east, and the Canterbury Square and Westminster Canterbury residential communities to the south. The sole access to the subject site will be from Westminster -Canterbury Drive (Route 1318). A Generalized Development Plan (GDP) has been submitted as a proffered exhibit. The GDP identifies the general common open space, buffer, and road layout. (Reference Attachment 2, Generalized Development Plan Exhibit for Westbury Commons) Flood Plains The subject property can be found on FENIA NFIP map #510063-0105-B. The entire site is located outside the 100-year flood plain in designated "Zone C". Wetlands The National Wetlands Inventory data from the Frederick County GIs database indicates there are no wetlands on this site. Soil Types The soil types contained in this tract have been obtained from the Frederick County GIs database. The subject site contains the following two soil types: 14B Frederick Poplimento loams 2-7% slope covers approx. 25% of site 17C Frederick Poplimento rock outcrop complex 2-15% slope covers approx. 75% of site Table 5 on page 123 of The Soil Survey of Frederick County, Virginia, identifies the 14B Frederick Poplimento loams soils as prime farmland; however given the small area of these soils within the subject property and the existing development surrounding the property, it is not well suited to agricultural activities. The remaining soil type on site is not identified as prime farmland soil. File #4079/EAW/ajc 4 Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 Other Environmental Features The site does not contain areas of steep slope or woodlands as defined by the Frederick County Zoning Ordinance. B. SURROUNDING PROPERTIES Adjoining propertyzoning and present use: North: Business General (B2) District Residential Performance (RP) District South: Residential Performance (RP) District East: Residential Performance (RP) District West: Business General (B2) District C. TRANSPORTATION Use: Commercial; car wash Use: Mixed; residence and grocery store Use: Residential; Canterbury Square Use: Residential; Darlington Subdivision Use: Commercial; Sunnyside Plaza Traffic will access the site via Westminster -Canterbury Drive (Route 1318). Westminster - Canterbury Drive (Route 1318) intersects North Frederick Pike (Route 522) at a median crossing, which provides the ability to safely cross North Frederick Pike to access commercial services and the Route 37 By-pass to the west. Westminster Canterbury Drive averages 1,800 vehicle trips per day according to VDOT 2002 counts Pursuant to the I.T.E. Trip Generation Manual, 7th Edition (page 453), single-family detached adult housing generates an average of 3.71 vehicle trips per day (VPD). VDOT has recognized an average VPD of 5.6 for this land use in recent traffic studies; therefore, the proffered eleven -unit subdivision would produce an average daily traffic volume ranging between 41 and 62 vehicle trips. Sight distance at the North Frederick Pike intersection is very good and a median crossing exists to facilitate safe traffic movement from Westminster Canterbury Drive. The internal subdivision street is to be a private road, maintained by the Westbury Commons Home Owners Association. The Proffer Statement ensures the cross sectional dimension of pavement thickness and compacted base thickness will meet or exceed the public street pavement section standards utilized by VDOT. The private road is to be contained within an access easement, with all individual lots having frontage on the access easements (as permitted through Code § 144-24.C.2.b). File #4079/EAW/ajc 5 Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 D. SEWAGE CONVEYANCE AND TREATMENT The 3.13-acre property is located in the northwestern portion of the Sewer and Water Service Area (SWSA). There is an existing Frederick County Sanitation Authority (FCSA) 8" sanitary sewer main on the south and east side of the subject site, which will serve the project. Effluent is conveyed from this geographic area to the Opequon Waste Water Treatment Plant through a series of transmission lines ranging in size from 12 inches to 30 inches. The eleven lots will be connected to the main in accordance with FCSA regulations. Impacts of the proposed rezoning on the sewage conveyance and treatment system are based on the proffered land use of eleven single-family detached dwelling units. Design figure estimates are based on 225 gallons per day (GPD) per single-family detached unit. The figures below represent the impact that this project would have to the sewage conveyance system and treatment system at full build -out of eleven (11) dwelling units: Q = 225 GPD per dwelling unit Q = 225 GPD X 11 dwelling units Q = 2,475 GPD The proposed zoning is estimated to add 2,475 gallons per day to the public sewage conveyance system and the Opequon Wastewater Treatment Plant. The design capacity of the treatment plant is 8.4 million gallons per day, of which the City and the County are currently utilizing approximately 6.4 million gallons per day. The total build -out of the proposed subdivision would require approximately 1/10 of one percent of the available capacity at the Opequon Waste Water Treatment Plant; therefore, adequate capacity, source and infrastructure is available for this development. E. WATER SUPPLY The 3.13-acre property is located in the northwestern portion of the Sewer and Water Service Area (SWSA). There is an existing FCSA 8-inch water line along Westminster -Canterbury Drive, which will serve the project. Impacts of the proposed rezoning on the water supply system are based on the proffered land use of eleven single-family detached dwelling units. Design figure estimates are based on 275 gallons per day (GPD) per single-family detached unit. The figures below represent the impact that this project would have to the water supply system at full build -out of eleven dwelling units: Q = 275 GPD per dwelling unit Q = 275 GPD X 11 dwelling units Q = 3, 025 GPD File #4079/EAW/ajc 6 Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 The proposed development would utilize an estimated 3,025 gallons per day. The North West water storage and Sunnyside water storage tank provide water source and maintain adequate pressure for the Sunnyside community. The water storage tanks are served by adequate transmission lines and source, which includes the Stephens City quarries and water purchased from the City of Winchester. The projected water usage at build -out is negligible. Therefore, adequate capacity, source and infrastructure are available for this subdivision. F. SITE DRAINAGE The 3.13-acre site is relatively flat, generally falling gently eastward from the Westminster Canterbury Road frontage to the rear of the tract. The topographic low point of the site is in the northeast corner. An onsite storm water management pond is proposed in this corner of the property to control the increased run-off. Stormwater will be detained during peak recovery of 2, 10, and 100-year storm events for discharge into an existing shallow swale at or below pre -development rates. All storm water management measures are to be approved by the County Engineer. G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected based upon each household having an annual average volume (AAV) of 5.4 cubic yards of landfill volume (Civil Engineering Reference Manual, 4th edition). The following figures show the increase in daily volume based on the proffered density of 11 dwellings. AAV = 5.4 cu. yd. per dwelling AAV = 5.4 cu. yd. X 11 dwellings AAV = 59.4 cu. yd. It is estimated that the proposed development will provide approximately 1/10 of one percent increase in the Municipal Solid Waste portion of the Regional Landfill. The Landfill has the capacity to accommodate this increase in solid waste generation. File #k4079/EAW/ajc 7 Greenway Engineering August 13, 2004 •Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 H. HISTORICAL SITES AND STRUCTURES 1. Virginia Division of Historic Landmarks The Rural Landmarks Survey Report for Frederick County identifies the Martin House (file #34-527) as a potentially significant property within this geographic area of the County. The Martin House is not listed as a property potentially eligible for the State and National Register of Historic Places. The Martin House, located more than a quarter mile east of the subject property, and to the east of the Budget Motel, is not visible from the Westbury Commons site. Therefore there are no impacts to the Martin House as a result of this rezoning application. 2. Winchester Regional Preservation Office Department of Historic Resources There were no archeological artifacts found on the site. I.OTHER IMPACTS The Frederick County Capital Facilities Fiscal Impact Model has been applied to the development of twelve (12) single-family detached dwelling units (an earlier design of the project yielded one more lot). The results of this model run indicate that development of the subject site with typical single-family homes would result in a net fiscal impact of $9,652 per dwelling unit. However, it is noted the Westbury Commons community is proffered as an age -restricted community; therefore the impacts would not be that of typical (i.e. not age - restricted) residences. This difference is most evident in the very limited impact this project will have on the school system. Removing the $7,571 attributed to Public Schools from the formula leaves a net fiscal impact of 2,081 per dwelling unit. Due to the current interpretation of Zoning Ordinance provisions for RP District small lot subdivision, this application is required to provide on -site recreational amenities valued at approximately $100,000 (i.e. four recreational units), or $9,090.91 per dwelling unit (exclusive of operating/maintenance costs). The cost of these required recreational amenities far exceeds the anticipated value to the residents and should more than satisfy any further contribution to the Parks and Recreation component of the model. Removing the $1,288 attributed to Parks and Recreation from the formula leaves a net fiscal impact of $793 per dwelling unit. It is acknowledged this development will have fiscal impacts to County services, including County Administration, Fire and Rescue, Public Libraries, and Sheriffs Department. The applicant has proffered a $1,000 per dwelling unit monetary contribution to mitigate impacts projected by the fiscal impact model. File #4079/EAW/ajc 8 Greenway Engineering • August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 Attachments: 1. Fiscal Impact Model Run for Westbury Commons (12 lots) 2. Location and Existing Zoning Exhibit for Westbury Commons 3. Generalized Development Plan Exhibit for Westbury Commons 4. Conditional Zoning Proffer Statement for Westbury Commons File 414079/EAW/ajc Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 3, 2004 0 Revised December 2, 2004 WESTBURY COMMONS REZONING PROFFER STATEMENT Tax Parcels #53-((4))-3-E & 53-((4))-3-F Gainesboro Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 3.13-acres from the Business General (B2) District to Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject property, identified as Westbury Commons, and more particularly described as the lands owned by Harvest Communities, Incorporated, being all of Tax Map Parcel 53-((4))-3-E and 53-((4))-3-F and being the same property as shown on a plat of survey prepared by Elliot Ritchie, Jr., LS, recorded in Clerk's Office of Frederick County, Virginia in Deed Book 553.at Page 489. A. Generalized Development Plan The applicant hereby proffers to develop the 3.13-acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. B. Residential Use Enhancements 1. The applicant hereby proffers that the 3.13-acre property shall be developed pursuant to the "Single-family small lot" detached dwelling unit option as permitted in the Residential Performance (RP) District. All other housing types allowed in Section 165-65 are hereby prohibited. File 4t4079/AJC Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 I Revised November 3, 2004 Revised December 2, 2004 2. The applicant hereby proffers to limit the total number of "Single-family small lots" to eleven (11), with all lots being subdivided to a minimum of 6,000 square feet within the privately held lot area. Each lot shall adjoin common open space areas along the rear property line. 3. The applicant hereby proffers that for those lots that share a driveway with an adjacent lot, the deeds for the affected properties shall set forth the maintenance responsibilities for the shared driveways. C. Private Street The applicant hereby proffers to serve the community with a private street. The cross sectional dimension of pavement thickness an compacted base thickness will meet or exceed the public street pavement section standards utilized by the VDOT. The Westbury Commons Homeowners Association shall be responsible for the maintenance of this street. All residential lots shall have frontage on the private street access easement. D. Age -Restricted Community The applicant agrees that the following language shall be included in the deeds conveying real property designated as age -restricted housing on that portion of the property. All occupied residential units shall be occupied by at least one person fifty-five (55) years of age or older and within such units the following conditions shall apply: 1. All other residents must reside with a person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child of eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty-five (55) years of age or older. Not withstanding this limitation, a person hired to provide live-in, long term or terminal health care of a person who is fifty- five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care. 2. Guests under the age of fifty-five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. File 4t4079/AJC 2 Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 3. If title to any lot or unit shall become vested in any person under the age of fifty- five (55) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenants shall not work a forfeiture or revision of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he/she shall have attained the age of fifty-five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. E. Recreational Amenities The applicant hereby proffers to construct a five-foot wide asphalt pedestrian trail system throughout the project, with connections to the center commons and community center as depicted on the Generalized Development Plan. The pedestrian trail shall be linked to the private street, at a minimum, via a crossing at the entrance and legal access in the vicinity of specific driveways, as depicted on the Generalized Development Plan. F. Open Space The applicant hereby proffers to provide community commons open space in the center and northwest quadrant of the project, as well as around the perimeter of the site. 2. The applicant hereby proffers to provide a Category B full screen buffer along the portion of the northern project property line adjacent to existing B2 zoned parcel. 3. The applicant hereby proffers to provide a twenty-five (25) foot landscaped buffer along the western project property line, adjoining Westminster -Canterbury Drive (Route 1318). A fence, of a minimum four feet in height, shall be constructed along the residential lot lines that adjoin this buffer. G. Monetary Contribution to Offset Impact of Development The undersigned owner of the above -described property hereby voluntarily proffers that in the event rezoning application # is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia $1,000 for each residential lot that is platted, to mitigate fiscal impacts to County services. This monetary contribution will be paid at the time of the building permit issuance for each residential lot. File #4079/AJC Greenway Engineering H. Signatures • August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Stuart Butler, President Date Harvest Communities, Inc. Commonwealth of Virginia, City/County of The foregoing instrument was acknowledged before me this 20 by My Commission Expires To Wit: day of Notary Public File #4079/AJC 4 ms * - I I ---, / / r�- / / / I-) ":� ZI-11, / /� 1 9 0 L_0-+ • r)r �( 0+ COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 January 5, 2011 Don Packard, Jr., Inc. 1601 Van Couver Street Winchester, VA 26601 RE: Proffers for Westbury Commons Dear Mr. Packard: This letter is to inform you that the proffered conditions of Rezoning 3-04, pproved on February 9, 2005, has not been properly fulfilled. Proffer H (copy attached) of s rezoning states that a monetary sum of $1,000.00 per lot to is to be paid to Frederick County to offset the impacts of development. As of the date of this letter, the proffer for lot 2 within the Westbury Commons Subdivision has not been paid. Please make arrangements to pay the total sum of $1,000.00 to the County. We request payment within 30 days of the date of this letter. If you have any questions on this project please call me at (540) 665-5651. Sincerely, (Mark R. Cheran Zoning Administrator MRC/dlw Attachment 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 • 0 PAY TO THE ORDER OF 03-01 5583 DATE 4' Z b - / / 68-258/514 02 U f �R�P ERICk $ C �y� � 7- X � DOLLARS ARS FirstBank11 MnAttrg VA 540.465.9121 FOR- ClT 2 WtSTR(,je II600 S S13 311' 1:0 S 140 2 S1391: 0006 7 I800 III• r:r _ 9 DON PACKARD JR INC 2400 VALLEY AVE WINCHESTER VA 22601 540-667-0042 L/ I I• �TE o RECEIVED FR1O,M /cI,/� v _i �DOILARS S ® y N DDRESa �c _ • Y� y1 03 mLo y O ✓v - N B. a `o FOR RENT /1 c14 Fop GASH Cn AMT.OF 1 ACCOUNT 1 CHECK U m 5 R `�; AMT. PAID MONEY BY -14 bD x ORDER kn NCE U BADUE cu 'c =�3� uL4 as 40 • � COUNTY of FREDERICK Department of Planning and Development i, MAP, 2 5 2011 540/665-5651 - FAX: 540/ 665-6395 l January 5, 2011 Don Packard, Jr., Inc. 1601 Van Couver Street Winchester, VA 26601 RE: Proffers for Westbury Commons Dear Mr. Packard: This letter is to inform you that the proffered conditions of Rezoning # 13-04, approved on February 9, 2005, has not been properly fulfilled. Proffer H (copy attached) of this rezoning states that a monetary sum of $1,000.00 per lot to is to be paid to Frederick County to offset the impacts of development. As of the date of this letter, the proffer for lot 2 within the Westbury Commons Subdivision has not been paid. Please make arrangements to pay the total sum of $1,000.00 to the County. We request payment within 30 days of the date of this letter. If you have any questions on this project please call me at (540) 665-5651. Sincerely, °Mark R. Che ran Zoning Administrator MRC/dlw Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 11 L, r 0 1 4-4 O � 1' RECEIVED FROM II' N �I N ADDRESS``_R I! P, 4� o � N Q N 0Q��� U��H�., V OA N DON PACKARD JR INC 03-01 5557 2400 VALLEY AVE WINCHESTER VA 22601 540-667-0042 DATE 3-7-4-1 68-2581514 -�- - 02 PAY A G i ORDER OF (,�pl���?ELE(�(t(C �C� �$ Z�� `ft Y I FirstBankll 31r�•b/urg, VA 340465.9121 FOR ( 4( a L wF i f/S L1� Y i`��`t/ --- • u'005557il' eS&L,02SB9i: 000E 7 LB00 L11' TE NO. w 777 DOLLARS $ 200005 �-z 0 • • • P° * n n�' • ()0S,V r CeC stile �� �•' January 14, 2011 Ms. Lori Fountain Fountain Homes and Development 225 W. 1V or111 A emle Winchester, VA 26601 RE: Proffers for Westbury Commons Dear Ms. Fountain: COUNTY of FREDERICK Department of Planning and Development I l 540/665-5651 FAX: 540/ 665-6395 Entered z - ►1 _ i -o Pau +` iif. This letter is to inform you that the proffered conditions of Rezoning #13-04, approved on February 9, 2005, have not been properly fulfilled. Proffer H (copy attached) of this rezoning states that a monetary sum of $1,000.00 per lot to is to be paid to Frederick County to offset the impacts of development. As of the date of this letter, the proffer for lots 1,3,7,8 and 11 within the Westbury Commons Subdivision has not been paid. Please make arrangements to pay the total sum of $5,000.00 to the County. We request payment within 30 days of the date of this letter. If you have any questions on this project please call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/dlw Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • E FOUNTAIN HOMES AND DEVELOPMENT INC. 225 W North Ave Winchester, VA 22601-3967 Wachovla Bank, a division of Wells Fargo Bank, N.A. fib-54/514 • 14722 2/12/2011 PAY TO THE Frederick County VA ORDER OF **5,028.67 Five Thousand Twenty -Eight and 67/100".".*...*.`.`......«.*`..........*i....*,*..*.**.,*......;.f:.�=�_�.�.++,�t....* Frederick County VA Treasurer Frederick County MEMO W m 0 d 0 DOLLARS 8 9 P.O. Box 225 Winchester, Va. 22604-0220 LL A HOM D E 11101472211' 1:051400549i:20000420967 , t. • Action: AMENDMENT • PLANNING COMMISSION: January 19, 2005 - Recommended Approval BOARD OF SUPERVISORS: February 9, 2005 U APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 13-04 OF WESTBURY COMMONS WHEREAS, Rezoning #13-04 of Westbury Commons, submitted by Greenway Engineering, to rezone 3.13 acres from B2 (General Business) District to RP (Residential Perfornance) District. This property • fronts on the east side of Westminster -Canterbury Drive (route 1318), approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522), in the Stonewall Magisterial District, and is identified by Property Identification Numbers (PINS) 53-4-3-E and 53-4-3-F. WHEREAS, the Planning Conunission held a public hearing on this rezoning on January 19, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 9, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 3.13 acres from B2 (General Business) 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 #04-05 C,�v F-uv1cl Cs • • 0 This ordinance shall be in effect c Passed this 9th day of February, Richard C. Shickle, Chairman Gina A. Forrester Lynda J. Tyler Gene E. Fisher PDRes 1104-05 • Greenway Engineering • REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATA: • Preliminary Matters • August 13, 2004 Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 Revised January 20, 2005 PROPOSED PROFFER STATEMENT Westbury Conmions Rezoning RZ # 13-04 Business General (B2) to Residential Performance (RP) 3.13-acres +/-; Tax Parcels 53-((4))-3-E & 53-((4))-3-F (the "Property") Harvest Communities, Incorporated Harvest Communities, Incorporated WESTBURY COMMONS REZONING August 13, 2004 January 20, 2004 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 13-04 for the rezoning of 3.13-acres from the Business General (B2) District to Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject property, identified as Westbury Conumons, and more particularly described as the lands owned by Harvest Communities, Incorporated, being all of Tax Map Parcel 53-((4))-3-E and 53-((4))-3-F and being the same property as shown on a plat of survey prepared by Elliot Ritchie, Jr., LS, recorded in Clerk's Office of Frederick County, Virginia in Deed Book 553 at Page 489. File 114079/AJC r 0 Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 3, 2004 • Revised December 2, 2004 Revised December 22, 2004 Revised January 20, 2005 A. Generalized Development Plan The applicant hereby proffers to develop the 3.13-acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. B. Declaration A Deed of Subdivision and Declaration of Restrictive Covenants ("Declaration") shall be recorded with the subdivision record plat. The Declaration shall provide for a Homeowners Association and set forth maintenance responsibilities for all common areas and facilities. C. Residential Use Enhancements 1. The applicant hereby proffers that the 3.13-acre property shall be developed pursuant to the "Single-family small lot" detached dwelling unit option as permitted in the Residential Perforinance (RP) District. All other housing types • allowed in Section 165-65 are hereby prohibited. • 2. The applicant hereby proffers to limit the total number of "Single-family small lots" to eleven (11), with all lots being subdivided to a minimum of 6,000 square feet within the privately held lot area. Each lot shall adjoin cone non open space areas along the rear property line. 3. The applicant hereby proffers that for those lots that share a driveway with an adjacent lot, the Declaration and the deeds for the affected properties shall set forth the maintenance responsibilities for the shared driveways. D. Private Street The applicant hereby proffers to serve the conununity with a private street. The cross sectional dimension of pavement thickness an compacted base thickmess will meet or exceed the public street pavement section standards utilized by the VDOT. The Westbury Conmlons Homeowners Association shall be responsible for the maintenance of this street. All residential lots shall have frontage on the private street access easement. File 1/4079/AJC 2 0 • Greenway Engineering August 13, 2004 Westbury Conunons Rezoning Revised September 29, 2004 Revised November 3, 2004 . Revised December 2, 2004 Revised December 22, 2004 Revised January 20, 2005 E. Age -Restricted Conununity The applicant agrees that the following language shall be included in the Declaration and the deeds conveying real property designated as age -restricted housing on that portion of the property. All occupied residential units shall be occupied by at least one person fifty-five (55) years of age or older and within such units the following conditions shall apply: All other residents must reside with a person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child of eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty-five (55) years of age or older. Not withstanding this limitation, a person hired to provide live-in, long term or terminal health care of a person who is fifty- five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care. 2. Guests under the age of fifty-five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. • 3. If title to any lot or unit shall become vested in any person under the age of fifty- five (55) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenants shall not work a forfeiture or revision of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he/she shall have attained the age of fifty-five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. F. Recreational Amenities The applicant hereby proffers to construct a five-foot wide asphalt pedestrian trail system throughout the project, with connections to the center conunons and conununity center as depicted on the Generalized Development Plan. The pedestrian trail shall be linked to the private street, at a minimum, via a crossing at the entrance and legal access in the vicinity of specific driveways, as depicted on the Generalized Development Plan. G. Open Space 1. The applicant hereby proffers to provide conuilunity conunons open space in the • center and northwest quadrant of the project, as well as around the perimeter of the site. File //4079/AJC r • Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 3, 2004 • Revised December 2, 2004 Revised December 22, 2004 Revised January 20, 2005 • • 2. The applicant hereby proffers to provide a Category B full screen buffer along the portion of the northern project property line adjacent to existing B2 zoned parcel. 3. The applicant hereby proffers to provide a twenty-five (25) foot landscaped buffer along the western project property line, adjoining Westminster- Canterbuiy Drive (Route 1318). H. Moneta>y Contribution to Offset Impact of Development The undersigned owner of the above -described property hereby voluntarily proffers that in the event rezoning application 4 13-04 is approved, the undersigned will pay into the General Fund of Frederick County, Virginia $1,000 for each residential lot that is platted, to mitigate fiscal impacts to County services. This monetary contribution will be paid at the time of the building permit issuance for each residential lot. Pile #4079/AJC 4 0 0 Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 Revised January 20, 2005 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submrtte ":—, �— `;� cry t— .� Stuart Butler, President Ddte IIal-vest Communities, Inc. Conuilonwealth of Virginia, • City/C�ounty;;of i'UrC'C(c'i'f<'l�_.:, To Wit: • The foregoing instrument was acknowledged before me this AS r day ofy1t cz c?i.; 20 05 by i-kyv e-�i— Notary Public My Conmussion Expires `a File 114079/AJC C� AMENDMENT Action: PLANNING COMMISSION: January 19, 2005 - Recommended Approval BOARD OF SUPERVISORS: February 9, 2005 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 13-04 OF WESTBURY COMMONS WHEREAS, Rezoning 413-04 of Westbuiy Commons, submitted by Greenway Engineering, to rezone 3.13 acres from B2 (General Business) District to RP (Residential Performance) District. This property fronts on the east side of Westminster -Canterbury Drive (route 1318), approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522), in the Stonewall Magisterial District, and is identified by Property Identification Numbers (PINs) 53-4-3-E and 53-4-3-F. WHEREAS, the Plarming Connnission held a public hearing on this rezoning on January 19, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 9, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 3.13 acres from B2 (General Business) 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 404-05 This ordinance shall be in effect on the date of adoption. Passed this 9th day of February, 2005 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gina A. Forrester Aye Gary Dove Aye Lynda J. Tyler Aye Bill M. Ewing Aye Gene E. Fisher Aye A COPY ATTEST //I- Jol-m "iley, Jr. / Frederick County Administrator PDRes #04-05 Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 Revised January 20, 2005 PROPOSED PROFFER STATEMENT REZONING: RZ # 13-04 Business General (B2) to Residential Performance (RP) PROPERTY: 3.13-acres +/-; Tax Parcels 53-((4))-3-E & 53-((4))-3-F (the "Property") RECORD OWNER: Harvest Communities, Incorporated APPLICANT: Harvest Communities, Incorporated PROJECT NAME: WESTBURY COMMONS REZONING ORIGINAL DATE OF PROFFERS: August 13, 2004 REVISION DATA: January 20, 2004 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 13-04 for the rezoning of 3.13-acres from the Business General (B2) District to Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject property, identified as Westbury Commons, and more particularly described as the lands owned by Harvest Communities, Incorporated, being all of Tax Map Parcel 53-((4))-3-E and 53-((4))-3-F and being the same property as shown on a plat of survey prepared by Elliot Ritchie, Jr., LS, recorded in Clerk's Office of Frederick County, Virginia in Deed Book 553 at Page 489. File 114079/AJC Greenway Engineering • August 13, 2004 • Westbury Commons Rezoning Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 Revised January 20, 2005 A. Generalized Development Plan The applicant hereby proffers to develop the 3.13-acre property in substantial confonnance with a Generalized Development Plan approved as part of the rezoning application. B. Declaration A Deed of Subdivision and Declaration of Restrictive Covenants ("Declaration") shall be recorded with the subdivision record plat. The Declaration shall provide for a Homeowners Association and set forth maintenance responsibilities for all common areas and facilities. C. Residential Use Enhancements 1. The applicant hereby proffers that the 3.13-acre property shall be developed pursuant to the "Single-family small lot" detached dwelling unit option as pennitted in the Residential Perfonnance (RP) District. All other housing types allowed in Section 165-65 are hereby prohibited. 2. The applicant hereby proffers to limit the total number of "Single-family small lots" to eleven (11), with all lots being subdivided to a minimum of 6,000 square feet within the privately held lot area. Each lot shall adjoin common open space areas along the rear property line. 3. The applicant hereby proffers that for those lots that share a driveway with an adjacent lot, the Declaration and the deeds for the affected properties shall set forth the maintenance responsibilities for the shared driveways. D. Private Street The applicant hereby proffers to serve the community with a private street. The cross sectional dimension of pavement thickness an compacted base thickness will meet or exceed the public street pavement section standards utilized by the VDOT. The Westbury Commons Homeowners Association shall be responsible for the maintenance of this street. All residential lots shall have frontage on the private street access easement. File #4079/AJC 2 Greenway Engineering August 13, 2004 Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 Revised January 20, 2005 E. Age -Restricted Community Westbury Commons Rezoning The applicant agrees that the following language shall be included in the Declaration and the deeds conveying real property designated as age -restricted housing on that portion of the property. All occupied residential units shall be occupied by at least one person fifty-five (55) years of age or older and within such units the following conditions shall apply: 1. All other residents must reside with a person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child of eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty-five (55) years of age or older. Not withstanding this limitation, a person hired to provide live-in, long term or terminal health care of a person who is fifty- five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care. 2. Guests under the age of fifty-five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. If title to any lot or unit shall become vested in any person under the age of fifty- five (55) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenants shall not work a forfeiture or revision of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he/she shall have attained the age of fifty-five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. F. Recreational Amenities The applicant hereby proffers to construct a five-foot wide asphalt pedestrian trail system throughout the project, with connections to the center commons and community center as depicted on the Generalized Development Plan. The pedestrian trail shall be linked to the private street, at a minimum, via a crossing at the entrance and legal access in the vicinity of specific driveways, as depicted on the Generalized Development Plan. G. Open Space The applicant hereby proffers to provide community commons open space in the center and northwest quadrant of the project, as well as around the perimeter of the site. Pile 114079/AJC Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 Revised January 20, 2005 2. The applicant hereby proffers to provide a Category B full screen buffer along the portion of the northern project property line adjacent to existing B2 zoned parcel. 3. The applicant hereby proffers to provide a twenty-five (25) foot landscaped buffer along the western project property line, adjoining Westminster -Canterbury Drive (Route 1318). H. Monetary Contribution to Offset Impact of Develo ment The undersigned owner of the above -described property hereby voluntarily proffers that in the event rezoning application # 13-04 is approved, the undersigned will pay into the General Fund of Frederick County, Virginia $1,000 for each residential lot that is platted, to mitigate fiscal impacts to County services. This monetary contribution will be paid at the time of the building permit issuance for each residential lot. Pile #4079/AJC Greenway Engineering 0 Signatures August 13, 2004 Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 Revised January 20, 2005 0 Westbury Commons Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submi tex d' By: �i . Stuart Butler, President DIte Harvest Communities, Inc. Commonwealth of Virginia, City/Couat of To Wit: The foregoing instrument was acknowledged before me this .315+ day of -J r(v-1 Ci vZ. 20 Os by `J-{ U n it1- ( A I t" t" , PYt `.ilAF ri' 4At�"iEV'y'i 11V11&1(".S Notary Public 1\-'Iy Commission Expires File #4079/AJC Greemvay Engineering Attachments: August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 20)4 1. Fiscal Impact Model Run for Westbury Commons (12 lots) 2. Location. and Existing Zoning ? xhibit for Westbury Commons:: 1 ; 3. - 7eneraliz' d Development Pkin 'sxhi!:it fo:- Wesibu, . Com. mcns 4. Conditional Zoning Proffer Statement for Westbury Commons n File ft40791EAW/ajc .9 • • HALL, MONAHAN, ENGLE, MAHAN A PARTNERSHIP OF PROFESSIONAL CORPORATIONS WILBUR C. HALL (1692-1972) THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE 0. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON HAND -DELIVERED ATTORNEYS AT LAW & MITCHELL I & 7 EAST MARKET STREET 9 EAST BOSCAWEN STREET LEESBURG, VIRGINIA WINCHESTER, VIRGINIA TELEPHONE 703-777-1050 TELEPHONE 540-662-3200 FAX 540-662-4304 E-MAIL lawyers@hallmonahan.com December 20, 2004 Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 PLEASE REPLY TO: P. 0. BOX 848 WINCHESTER, VIRGINIA 22604-0848 Re: Harvest Communities, Inc. (Westbury Commons) Proposed Proffer Statement Dear Mike: I have reviewed the above -referenced proposed Proffer Statement. It is my opinion that the Proffer Statement is in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following: 1. I would suggest, for uniformity and easy reference purposes, that the document be titled "Proposed Proffer Statement" and the statement of rezoning request, property, record owner, etc., be summarized at the beginning (see, for example, the Proposed Proffer Statement of Iaggerty Property, recently reviewed). 2. In Paragraphs 13.3 and D it is provided that the deeds to individual lots will provide for maintenance responsibility for shared driveways (13.3) and for the age -restricted conditions (D). If the rezoning is granted, the owner will apply for and obtain subdivision approval, after which a document in the nature of a Deed of 0 0 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy December 20, 2004 Page 2 Subdivision and Declaration of Restrictive Covenants ("Declaration") will be recorded, which will record the subdivision plat, will set forth the restrictive covenants on the property, and will provide for the property owners' association. It is my reconunendation that the proffers provide that, in addition to being set forth the deeds to the individual lots, the subject provision will be set forth in the Declaration. 3. It is also my recommendations that the proffers provide that the maintenance responsibilities of the property owners' association [private street (Paragraph C); pedestrian trail (Paragraph E); conununity commons area (Paragraph F.1); full screen buffer (Paragraph F. 2); landscape buffer (Paragraph F.3)] will be set forth in the Declaration. In this regard, it is not clear whether the fence referenced in Paragraph F. 3 is to be maintained by the property owners' association or the individual lot owner, and that should be clarified. Also, it should also be specifically provided that the property owners' association shall have the maintenance responsibility for the community center building. 4. While the details of the pedestrian trail may be addressed at the subdivision plat stage, I note that the generalized development plan (GDP) shows the trail connecting at three points to private driveways. It would appear that a pedestrian trail easement would need to be placed on the three private driveways to connect the trail to the private street, assuming it is not the intention to have the trails dead-end at the driveways. It would probably be sufficient at this point to have the easements shown on the generalized development plan. 5. With respect to the monetary proffer (Paragraph G), the purpose or purposes of the monetary proffer should be detailed in the manner in which the County intends to expend the funds, as the County is required to account for the expenditure of the fluids pursuant to Virginia Code § 15.2-2303.2(C). (It is noted in Paragraph I of the Impact Statement that the $1,000.00 per lot proffer is apparently intended to address impacts to County Administration, Fire and Rescue, Public Libraries, and Sheriff's Dept.) E HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy December 20, 2004 Page 3 6. With respect to the conununity center depicted on the GDP, there should be a specific provision in the proffers that a conununity center shall be constructed by the owner, and a statement of the timing of the construction (prior to the sale of any lot?). You have noted that the GDP shows the con-ununity center accessed only by the pedestrian trail system, but that the center will have to be handicap accessible and provide parking, in addition to meeting other site planning requirements. Accordingly, the proffer should also include language to the effect that the community center shall be located as generally shown on the GDP, and will be handicap accessible, provide for parking, and meet other requirements of County ordinances. I have not reviewed the proffers as to whether the proffers are suitable and appropriate for the site, as it is by understanding that that review will be done by the staff and the Planning Commission. If there are any questions concerning the foregoing, please contact me. Very truly yours, Robert T. Mitchelo, Jr. RTM/ks i • COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: ANIDy Gott l—otJ COMPANY:�W FAX #: 65yf 7Z2 - gJli�-g Remarks: Date: 2 z-o 04 Number of Pages (including cover sheet) I RorFE,e�Z. JZCVLe(,J CoMMC*,J-F-S --- B o 9 t -' l7"C +i fit--C w 6ST-8 LAR y co ►'1 M o �'j-S From the desk of: J/t�— DEC-22-04 03:48PM FROM-GREENWAY INEERING P.C. 5407229528 . T-165 P.002/005 F-230 Grecnway EDginccring 41G, August 13, 2004 Westbury Commm Rezoning Revised Saptnmber 29, 2004 Revised November 3, 2004 Rcviscd December 2, 2004 Revised December 22, 20D4 /A, Generalized Development Plan The applicant hereby proffers to develop the 3.13-acre..property ,-.in, ,substantial conformance with a Generalized Development Plan approved as part of the rezoning. application. B- Declaration A Deed of Subdivision and Declaration of Restrictive Cover►ants ("Declaration") shall be recorded with the subdivision record plat. The Declaration shall provide for a Homeowners Association and set forth maintenance responsibilities for all common areas and facilities. C. Residential Use Enhancements 1. The applicant hereby proffers that the 3.13-acre property shall be developed pursuant to the "Single-family small lot" detached dwelling unit option as permitted in the Residential Performance (RP) District. All other housing types allowed in Section 165-65 are hereby prohibited_ 2. The applicant hereby proffers to limit the total number of "Single-family small lots" to eleven (11), with all lots being subdivided to a minimum of 6,000 square feet within the privately held lot area. Each lot shall adjoin common open space areas along the rear property line. /3. The applicant hereby proffers that for those lots that share a driveway with an adjacent lot, the Declaration and the deeds for the affected properties shall set forth the maintenance responsibilities for the shared driveways. D. Private Street /- The applicant hereby proffers to serve the community with a private street. The cross / sectional dimension of pavement thickness an compacted base thickness will meet or VVV exceed the public street pavement section standards utilized by the VDOT. The Westbury Commons Homeowners Association shall be responsible for the maintenance of this street. All residential lots shall have frontage on the private street access easement. File tr4079/AJC 2 DEC-22-04 03:48PM FROM-GREENWAY&INEERING P.C. 5407229528 • T-165 P.003/005 F-230 Greemvay F_ngmccring August 13, 2004 Wcctbury Commons Rezoning Revised September 29, 2004 Rovised November 3. 2004 Revised December 27 2004 Revised December 22, 2004 E. Age -Restricted Community \/The:applicant agrees:• that. the following language 3hall..be.included;in.the.-Declaration and, the deeds conveying real property designated as agz-restricted housing on., that portion 'of the property. All occupied residential units shall be occupied by at least one person fifty-five (55) years of age or older and within such units the following conditions shall apply: 1. All other residents must reside with a person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child of eighteen (.l8) years of age or older, or provide primary physical or economic support to the person who is fifty-five (55) years of age or older. Not withstanding this limitation, a person hired to provide live-in, long term or terminal health care of a person who is fifty- five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care_ 2_ Guests under the age of fifty-five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. 3. If title to any lot or unit shall become vested in ally person under the age of fifty- five (55) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenants shall not work a forfeiture or revision of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he/she shall have attained the age of fifty-five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. F. Recreational Amenities The applicant hereby proffers to construct afive-foot wide asphalt pedestrian trail T� system throughout the project, with connections to the center commons and ;' community center as depicted on the Generalized Development Plan. The pedestrian trail shall be linked to the private street, at a minimum, via a crossing at the entrance ��` and legal access in the vicinity of specific driveways, as depicted on the Generalized Development Plan. G. Open Space 1. The applicant hereby proffers to provide community commons open space in the center and northwest quadrant of the project, as well as around the perimeter of the site. Niy`.1r' IC_UHI3 R'sIVT,' File 4F40MAX 3 DEC-22-04 03:48PM FROM-GREENWAY 6 NEERING P.C. 5407229528 T-165 P-004/005 F-230 Greenway Engineering August 13, 2004 Westbury Commons Rc7.oning Revised September 21:• 2004 Revised November 3, ,U04 Revised December 2, 2004 Revised Deccmuer 22, 2004 2. The applicant hereby proffers to p_.,wide a Category B full screen buffer along the portion_of;the northern project property line: adjacent•.to existing.-Mbzoned parcel.. : 3. The applicant hereby proffers to provide a twenty -Five (25) foot landscaped buffer along the western project property line, adjoining Westminster -Canterbury Drive (Route 1318). A fence, of a minimum four feet in height, shall be constructed along tbe. residential lot lines that adjoin this buffer. �-5 � Yi �f\ e 1 _ 1 _ Monetary Contribution to Offset Im act of Development The undersigned owner of the above -described property hereby voluntarily proffers that in the event rezoning application # is approved, the undersigned will pay into the General Fund of Frederick County, Virginia $1,000 for each residential lot that is platted, to mitigate fiscal impacts to County services. This monetary contribution will be paid at the time of the building permit issuance for each residential lot. File #4079/AJC 4 DEC-22-04 03:49PM FROM-GREENWAYI&INEERING P.C. Cn;enway Engincering Auoust 13, 2004 Revis',' 5eptomber 29, 2004 Kcvist::Jovernbcr 3, 2004 ReviF;.d December 2, 2004 revised December 22, 2004 I. Signatures 5407229528 T-165 P.005/005 F-230 Westbury Commons Rezoning The condit;ibns.proffered:above shall be binding upon; t.hc iheirs;-:e,ceeutors,.administrators;. t assigns and successors in the interest of the applicant and : owner_ .In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Stuart Butler, President Harvest Communities, Inc. Commonwealth of Virginia, City/County of To Wit: bate The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires plc #4079/AJC 5 SEP-20-04 04;08PM FROM-GREENWAY ENGINEERING P.C. 5407229528 T-296 P.0021/002 F-625 Rezoning Comments ;- I, ..,�•� �,,cihi, ii , '�i'' �i'{I'f;�l;",'i'p ,, qi l!P1.111 n,l! I{I V ,I„IliIII�{{II,I i, i�, �!,i �.Ilol I IIIIII{{��I,I (!i!li IOeII,�iL�`ilill��lll„•il�,„S��.I_, ��!J.v„I,Il,l,ll�d,,,�l,,.,,.l.,,lf .I lk Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Vent Street Winchester, Virginia, 22601 (540) 665-5678 TTand deliver to: Frederick County Departrnent of Parks & Recreation County Administration Bldg., 2nc1 floor 107 North Kent Street Winchester, Vlr,&ia WESTBU ,y COMMON, REZO N G (C� eentivay File 44079) Applicalt'sNanie: _Tremn Em�Telephone: 540-662-41L A n EEvan 'W a ATC� MailincyA.ddress: 51 Win Hill Lane Winchester. VA 22602 Location of property'. Westminster Canterbun- Dr. appro� 1 000' south of North Frederick Pikc Current zoning: B- Zoning requested: RP Acreage: 3.13 Department of ]Parks & Recreation Comments: plan appears to meet open space and recreational unit iequiremeuts. Also, the proposed proffer appears to address the impact this development Will have on the services provided by the Parks and iZecreatiot7 Department. 8/20/04 Pks, & Rec. Signature & Date: Notice to Department of Park f Recreation — Please Return This Form to the Applic :pit AUG 2 0 2004 I :� � • � RI C%NTY of FREDE CK i� �W E. Department of Public Works J 540/665-5643 SEP 2 2 iu"04 01 FAX: 540/678-0682 j September 21, 2004 fREDERICK COUNTY I PLANNING b DEVELOPMENT Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Westbury Commons Rezoning Frederick County, Virginia Dear Evan: We have completed our review of the proposed rezoning and offer the following continents: 1) Site Drainage: In addition to onsite stonnwater management, it may be necessary to implement some offsite improvements to protect the existing residential development located east of the proposed project. We definitely concur with your offer to control the 100-year storni. Also, keep in mind that it will be necessary to consider the existing upgradient detention pond located immediately to the south of your site. 2) Solid Waste Disposal: In the second sentence, correct the word daily to indicate yearly volume. Also, consideration should be given to providing curbside trash pickup for this proposed development. Please contact me if you have any questions or need clarification concerning the above comments. Sincerely, Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Mark R. Cheran, Zoning and Subdivision Administrator file A: \west bu ry rezcom.w pd 107 North Kent Street • Winchester, Virginia 22601-5000 COMMONWEAL TH of VIRCjINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 September 13, 2004 Mr. Andy Conlon C/O Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Ref: Westbury Commons Rezoning Route 1318 Frederick County Dear Mr. Conlon: FAXED (SEP tt 2004 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 some measurable impact on Route 1318. 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 Harvest Communities, Inc. rezoning application dated August 16, 2004 addresses transportation concerns associated with this request. 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 riglit-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. Sincerely Lloyd A. Ingram Transportation Engineer LAI/rf Enclosure — Comment Sheet ♦ VOW1,0now Il SEP 2 0 2004 VirginiaDOT.org WE KEEP VIRGINIA MOVING /ic$ Co q� d w x 1� H k 14 VIR(#TNIA Control number RZ04-0013 Project Name Westbury Commons Address 151 Windy Hill Lane Type Application Rezoning Current Zoning B2 Automatic Sprinkler System No Other recommendation 0 Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received 8/17/2004 City Winchester Tax ID Number 53-4-E & 53-4-F Date reviewed 8/17/2004 Applicant Greenway Engineering State Zip VA 22602 Fire District 15 Recommendations Automatic Fire Alarm System No Requirements Date Revised Applicant Phone 540-662-4185 Rescue District 15 Election District Gainesboro Residential Sprinkler System Yes Emergency Vehicle Access Hydrant Location Fire Lane Required Not Identified Not Identified Yes Siamese Location Roadway/Aisleway Width Special Hazards Not Identified Adequate No Emergency Vehicle Access Comments Lanascaping and other mater.ais shaii be placed in a manner as not to !r.nibit use of the entire driveway width to individual aweilrng units Fire Hydrants shall comply ,rodh Frederick County Code section 90-4 Access Comments Additional Comments Plan Approval Recommended Reviewed By Signature Yes Timothy L. Welsh i Title 9 • September 21, 2004 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Westbury Commons Rezoning Frederick County, Virginia Dear Evan: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 We have completed our review of the proposed rezoning and offer the following comments: 1) Site Drainage: In addition to onsite stonriwater management, it may be necessary to implement some offsite improvements to protect the existing residential development located east of the proposed project. We definitely concur with your offer to control the 100-year storni. Also, keep in mind that it will be necessary to consider the existing upgradient detention pond located immediately to the south of your site. 2) Solid Waste Disposal: In the second sentence, correct the word daily to indicate yearly volume. Also, consideration should be given to providing curbside trash pickup for this proposed development. Please contact me if you have any questions or need clarification concerning the above comments. Sincerely, Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Mark R. Cheran, Zoning and Subdivision Administrator file 1 2 2004 SEP i1' �y --- - A:\west buryrezrom.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 • • Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information 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. WESTBURY COMMONS REZONING (Greenway File #4079) Applicant's Name: Greenway Engineeriny, Telephone: (540) 662-4185 Attn.: Evan Wyatt, AICP Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Westminster Canterbury Dr., approx. 1,000' south of North Frederick Pike Current zoning: B2 Zoning requested: RP Acreage: 3.13 Sanitation Authority Comments: Sanitation Authority Signature & Date: d Notice to Sanitation Authority - Please Return This Form to the Applicant o�91� Uu� AUG 18 2004 By • 0 Rezoning Comments :,¢>z..' a+y Z Frederick -Winchester Service Authority Mail to: Frederick -Winchester Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Fred-Winc"Service Authority with their review.. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. WESTBURY COMMONS REZONING (Greenway File #4079) Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Attn.: Evan Wyatt, AICP Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Westminster Canterbury Dr., approx. 1,000' south of North Frederick Pike Current zoning: B2 Zoning requested: RP Fred-Winc Service Authority Comments: Fred-Winc Service Authority Signature & Date: Notice to Fred-Winc Service Authority - NAUG 1 9 2004 Acreage: 3.13 W/LA. IAI Return This Form to the Applicant Rv Rezoning Comment • Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2°a Floor 107 North Kent Street Winchester, Virginia Applicant: Please till out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. WESTBURY COMMONS REZONING (Greenway File #4079) Applicant's Name: Greenway En ineering Telephone: 540-662-4185 Attn: Evan Wyatt, AICP Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Westminster -Canterbury Dr., approx. 1,000' south of North Frederick Pike Current zoning: B2 Zoning requested: RP Department of Parks & Recreation Comments: Acreage: 3.13 Staff anticipates the residents of this community will have every opportunity to benefit from the parks and recreational services offered by Frederick County. To calculate this impact on Parks and Recreation services, I would recommend we trust the formula included in the County Impact Model. Pks. & Rec. Signature & Date: ,,A2/7/04 Notice to Department of Part"& Recreation — Please Return This Form to the Applicant y u��-1 • �wBenLv � � • i c FF cp j Administrative Assistant to the Superintendent Frederick County Public Schools Visit us at www.frederick.k1Zva.us September 1, 2004 Mr. Evan A. Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Wyatt: RE: Harvest Communities, Inc. Project e-mail: kapocsis@frederick.k1Zva.us This letter is response to your request for comments concerning the rezoning application for the proposed Harvest Communities, Inc. project located, fronting on the west side of Westminster -Canterbury Drive, approximately 1,000 feet south of the intersection of North Frederick Pike. Based on the information provided that all parcels would be age restricted, there would be no impact to the school population upon build -out. Respectfully yours, Stephen M. Kapos' Administrative Assistant to the Superintendent SMK: dkr cc: Dr. William C. Dean, Superintendent of Schools n,s SEP 0 3 2004 D By 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 8, 2004 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Third Preliminary Review Comments — Westbury Commons Rezoning Proposal Dear Evan: We recognize you have resubmitted the revised Westbury Commons rezoning proposal for review and for forwarding to the County attorney. This correspondence is offered to clarify our position and to advise you that the revised package has been forwarded to Bob Mitchell for his review. Recreational Amenities The impact statement for this proposed rezoning maintains the request that the Planning Commission, in conjunction with the Department of Parks and Recreations, to "consider a design and amount of facilities proportional and appropriate to eleven age -restricted homes". The Planning Department maintains its position previously described regarding this issue. The Zoning Ordinance does not provide for a waiver of this requirement and therefore, it is inappropriate to propose an alternative in recreational facilities. As previously suggested by the Planning Department, if you feel that clarification of an ordinance amendment is warranted, it would be appropriate to work with the DRRS to evaluate this request. Generalized Development Plan On the GDP included with the impact statement it appears that the sole access to the community center is through the trail network. This community center will have to meet all applicable county and state requirements, including handicap accessibility. At this time it may be more appropriate to remove the building from the GDP and provide a bubbled area that states "proposed community center location". The Master Development Plan and Subdivision processes will be used to ensure that all applicable regulations for a community center will be addressed. Please feel free to contact me should you have any questions or concerns regarding this correspondence. Sincerely, Candice E. Perkins Planner lI CEP/dlw jp� P �_ � T � I DEC 0 9 2004 H04C1 cc: Harvest Communities, Inc., Attn: Stuart Butler, 147 Creekside Lane, Winchester, VA 22602 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 • • HALL, MONAHAN, ENGLE, MAHAN S MITCHELL WILBUR C. HALL (I092.1972J TNOMAS V MONAHAN 119z4-1999) SAMUEL D. Em CiLE O. LELAND KAHAN 005urr T. MWCHELL, Jn UAME.5 A. KLENKA14 STF-VEN F. JACKSON LAND -DELIVERED AP1WUnePLvtAPorrMFESGX*UL OVFMJDf g� A'rTORMEY9 AT LAW 1 a 7 UAWT MARKET 51T*Xr o rASr VOSCMVEN 5"Mr L "evim. vmtmA HiNCHHY . MUM TrUftf; iL 700." -:GDO TCLEPHMr 540-a4a i a r X e404S zX aio4 Decernber 20, 2004 Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning & DeveIopment 107 North Kent Street )Yinchester, VA 22601 RCH9C nmA" TP_ P. O. Box 94a VANCHESTLR, VIROINJA 22e04-0a4B Re: Harvest Communities, Inc. (Westbury Commons) Proposed Proffer Statement Dear Mike: I have reviewed the above -referenced proposed Proffer Statement. It is my Opinion that the Proffer Statement is in a form to meet the requirements of the Frederick County Zoning Ordinanee and the Code of Virginia, subject to the following: 1. I would suggest, for uniformity and easy mfenance purposes, that the document be, titled "Proposed ProMr Slatement° and the statement of rezoning request, property, record owner, etc., be nurnnarized. at the begiuning (see, for example, the Proposed Proffer Statement of Haggerty Property, recently reviewed). 2. In Paragraphs B.3 and D it is provided that the deeds to individual logs will provide for rnaintenance responsibility for shared driveways (B.3) and fo-r the age -restricted conditions (D). If the rezoning is granted, the owner evil( applyfor and obtain subdivision approval, aEW which a document in the nature of a Deed of HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy December 20, 2004 Page 2 Subdivision and Declaration of Restrictive Covenants ("Declaration") will be recorded, which will record the subdivision plat, will set forth the restrictive covenants on the property, and will provide for (he property owners' association. It is my recormnendation that the proffers provide that, in addition to being set forth the deeds to the individual lots, the subject provisionwill be set forth in theDedaration. 3. It is also my recommendations that the proffers provide (hat the maintenance responsibilities of the property owners' association [private street (Paragraph C); p edes(zian trail (Paragraph E); community commons area (Paragraph R 1); full screen buffer (ParagraphF. 2); landscape buffer (Para.graphF.3)] willbe set forth in the Declaration. In this regard, it is notclearwhether the fence referenced in Paragraph T. 3 is to be maintained by the property owners' association or the individual lotowner, and that should be clarified. Atso, it should also be specifically provided that the property owners' association shalt have the maintenance responsibility for the community center building. 4. While the details of the pedestrian trail may be addressed at the subdivision plat stage, I note that the generalized developrnentplan (GDP) shows the trail connecting at three points to private driveways. It would appear that a pedestrian trail easement would need to be placed on the three private driveways to connect the trail to the private street, assuming it is not the intention to have the trails dead-end at the driveways. It would probably be sufficient at this point to have the easements shown on the generalized development plan. 5. bVith respect to the monetary proffer (Paragraph G), the purpose or purposes of the monetary proffer should be detailed in the manner in which the County intends to expend the funds, as the County is required to account for the expenditure of the funds pursuant to Virginia Code §15.2-2303.2(C). (It is noted in Paragraph I of the Impact Statement that the $1,000.00 per lot proffer is apparently intended to address impacts to County Administration, Fire and Rescue, Public Libraries, and Sheriff's Dept-) HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy December 20, 2004 Page 3 6. With respect to the community center depicted on the should be a specific provision in the proffers that a community cen constructed by the owner, and at statement of the timing of the construct the sale of any lot:?). You have noted that the GDP shows the comm accessed only by the pedestrian trail system, but that the center will handicap accessible and provide parking, in addition to meeting other s requirements. Accordingly,theproffershould also include language, to t] the community center shall be located as generally shown on the GDP; handicap accessible, provide for parking, and meet other requirement ordinances. I have not reviewed the proffers as to whether the proffers are appropriate for the site, as it is by understanding that that revdew will bE staff and the Planning Commission. If there are any questions concerning the foregoing, please cont MT muy yours, Robert T. Mitchet. Jr. RTM/ks Review Agency Comments File #4079/EAWajc IMPACT STATEMENT WESTBURY COMMONS REZONING Stonewall Magisterial District Frederick County, Virginia TM 53-((4))-3-E & TM 53-((4))-3-F aggregate area of 3.13 Acres August 13, 2004 Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 Current Owners: Harvest Communities, Incorporated Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 File #4079/EAW/ajc COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 September 21, 2004 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Preliminary Comments — Westbury Commons Rezoning Proposal Dear Evan: This correspondence is intended to identify issues of concern regarding the preliminary application materials for the Westbury Commons rezoning proposal. The preliminary application package, as submitted on August 17, 2004, consists of the following principal components: (1) Capital Facilities Output Model, (2) Rezoning Application Form, (3) Impact Analysis Statement, dated August 13, 2004 (4) Proposed Proffer Statement dated August 13, 2004; and (5) Generalized Development Plan (GDP) dated March 24, 2004. It is anticipated that these issues will be fully addressed through revisions to the application prior to its consideration by the Planning Commission and Board of Supervisors. The following comments are offered for your records: Impact Statement A. Introduction The housing type being proposed with this application is single family small lot. Developments containing this housing type must provide one recreational unit for each 30 dwellings, in addition to a community center that provides the equivalent of three age - appropriate recreational units for each 30 dwellings. The impact statement indicates that the proposed build -out only includes 12 single family small lots; it does not account for the required community center. B. Transportation Specify if the road being built in this subdivision is a public or a private road. C. Water Supply It is unclear under the water supply section whether the city or the county is providing the water for this proposed development. 107 North Kent Street • Winchester, Virginia 22601-5000 Mr. Evan Wyatt, Greenway Engineering RE: Westbury Commons September 21, 2004 Page 2 D. Other Impacts Provide a narrative about the impacts that this development would create on the community. The narrative provided only discusses the impacts being imposed on Fire and Rescue. Please include the impacts on Parks and Recreation, Public Library, Sheriffs Office and County Administration. This project is proposing to proffer $1,000 per dwelling to Fire and Rescue. Based on the CIP modeling exercise, there are impacts being imposed on other county facilities that have not been mitigated. Proffer Statement A. Generalized Development Plan The GDP submitted with the impact statement only accounts for the trail being provided through the development; it does not show a location for the conununity center. B. Residential Use Enhancements (1) It would be more appropriate to state that this development will not exceed 12 single family small lot dwellings. (2) The "shared driveway" entrances proffered for this project appear to be pipestem lots, which is a lot configuration not presently permitted by the Zoning Ordinance. In accordance with the Frederick County Subdivision Ordinance, when lots in subdivisions do not abut public streets, they shall abut private roads. Only three lots depicted in the GDP have direct access to the road. The GDP must be revised to show each lot having its own individual access to the road. D. Recreational Amenities A four foot wide trail is being proffered along the perimeter of the project. It would be more appropriate to provide a five foot wide trail to be consistent with the width that VDOT requires for sidewalks, allowing two individuals to walk side by side. Mr. Evan Wyatt, Greenway Engineering RE: Westbury Commons September 21, 2004 Page 3 E. Open Space (1) Provide the number and style of the benches being provided. (2) It is proffered that a buffer distance of twenty (20) feet along the entire northern property line will be provided. The adjoining properties to the north are zoned B2 (Business General) and would require a zoning district buffer. The minimum zoning district buffer is a distance of 50 feet with no screen. The distance that is being proffered is less than what is required by the zoning ordinance and is, therefore, inappropriate; please consider proffering a double row of evergreen trees within the required 50' distance buffer. (3) Specify if the trail is inside or outside of the fence. This application will be complete once the above issues are satisfactorily addressed, a review fee is submitted and all reviewing agency comments provided. Reviewing agencies include the following: Frederick County Fire Marshal and the local fire company, Frederick County Inspections, Frederick County Public Works, Frederick County Parks & Recreation, Frederick County Sanitation Authority, Frederick County Service Authority, Frederick County HRAB, Virginia Department of Transportation, and the Frederick County Attorneys Office. Please feel free to contact me should you have any questions or concerns regarding this correspondence. Sincerely, c, 2 Candice E. Mills Planner II CEM/bad wed: I-Iarvest Communities, Inc., Attn: Stuart Butler, 147 Creekside Lane, Winchester, VA 22602 C? 040019971 THIS DEED made and dated this 19 day of—,I2004, by and between JANIS T. WILSON and JESSIE S. WILSON, parties of the first part, hereinafter called the Grantors, and HARVEST COMMUNITIES INC , a Virginia corporation, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey with general warranty and English Covenants of title unto the Grantee, in fee simple absolute, all of the following described tract or parcel of land and appurtenances thereunto belonging: All that certain lot or parcel of land together with the improvements thereon and appurtenances thereunto belonging, fronting on the east side of Westminster -Canterbury Drive, formerly Frederick Mall Drive in Gainesboro Magisterial District, Frederick County, Virginia, and more particularly described as Lot E, containing 1.5946 acres, -more or less, on the plat of survey by Elliott Ritchie, Jr., L.S., recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 553 at Page 489; AND BEING a portion of the same land conveyed to James T. Wilson and Jessie S. Wilson, his wife, by Deed and Deed of Assumption dated December 10, 1992 from Page 1 of 2 E • Q i- A V. Frank DeHaven, et al, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 791 at Page 295. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signatures and seals. T. Wilson S. Wilson STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT r SEAL) (SEAL) I, , a Notary Public in and for the State and jurisdiction aforesaid/do hereby certify that James T. Wilson and Jessie S. Wilson his wife,, whose names are signed to the foregoing DEED dated the � day of � , 2004 has personally appeared before me and acknowledged the same in my S to and jurisdiction aforesaid. Given under my hand this A g day of 2004. My Commission expires -� N0jqY PUBLIC 2001.0031 M= RE \A VIARVEST COMMUNITMS%DEED • Wilwn to FLtvat wpd . VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced tomeon at _ , Z� and with Lurtffiwate of acknowledgement therct i-.nrnexcc was admitted tU record. T unposed by sce, 58.1-80z of $ /. V V , and 58.1-801 have been paid, if assessablc Page 2 of Xt;a,?� ,Clerk • 040019972 c-n C� THIS DEED made and dated this A) day of � 2004, by and between A's ENTERPRISES. INC., formerly A's Copier Sales and Service, Inc., a Virginia corporation, party ofthe fust part, hereinafter called the Grantor, and R.AR)y COMMUNITIES, INC., a Virginia corporation, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt ofwhich is hereby acknowledged, the Grantor does hereby grant and convey with general warranty and English Covenants of title unto the Grantee, in fee simple absolute, together with all rights, rights -of -way, privileges and appurtenances thereunto belonging, all of the following described tract or parcel of land: All of that certain lot or parcel of land containing 1.5416 acres, more or less, fronting on the east side of Westminster -Canterbury Drive, formerly Frederick Mall Drive in Gainesboro Magisterial District, Frederick County, Virginia, and more particularly described as Lot F on the plat of survey prepared by Elliott Ritchie, Jr., L.S., recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 553 at Page 489; AND BEING the same property conveyed to A's Copier Sales and Service, Inc., a Virginia corporation, by Deed dated December 22, 1986 from Page 1 of 2 H. K. Benham,111, Trustee of Frederick Mall Land Trust, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 635 at Page 270. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signatures and seals. A's ENTERPRISE, INC. formerly A's Copier Sales and Service, Inc. By: ?!,w 1"t!P4 (SEAL) ary Adams, President STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Gary Adams, Presiden�Enterprises, Inc., whose name is signed to the foregoing DEED dated the 'a I day of k7x&r,�_ , 2004 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this A day of My Commission expires 2004.003tMac RE A UMVEST COMMUNITMMEED -A's Copia to IUr~ wpd �M IIII I U111,/�{/i 2004. 0RIV, �. C>F VIRGINIA- FREDERICK COUNTY, SM This instrument of writing was produced to the on 2-'30-03(-at and w7th certificate of acknowledgement thereto aline was admitted to record. T imposed by Sec. 58.I-802 _,,,,__•yv , and 58.1-801 have Non paid, if Page 2 of 2$ ! Q 4eue_ Av,4 ,Clerk. A ruErunA r L--7m E mn7--1 z tiHr\ _ a -Ca nn.AON 3 LnmO 0 mA 03 a ru z cN a n =ti= n • Etf >.a mrtl0 A�� t=*1 Q7H-'"(m1X r r•< -J0M3m v nHm H OrH a C3-3z3H mna --1 XHn zA C3M700m n a-�H, al t✓ vmlxr � ru :�� m N ry Ln am ru nm an GlGly C <mYa `a nH r-1 LnOO %DCn co A Mr- 0 ra Zz m-o a-<m o ty m r -n O ;u 20 -1 A -n M yy V1 A J '13 a wX nJ z r m M ru Lr O m L7 --1 El r I H Q° H A Ln 1C z n a 'D n w -3 ru r m c ., ro Ln Ln m tj m • r A -o w m z a r -a. ki ru j -3 -n C Ln p A C z t7 a t,• n LA r H m O z n -e Leo a -a x a a ai m o m r" a C H L,m I • oi- m \3�3-03 D ri1 o n ct ct m La F- m wro m Ln INM '3 a M j H. 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O ty -G Cn Lp r -1 M C n c Ln C3 ra zz r*1 -1 a C a- A m < r r•1 0 -c ty a 20 rrn < -n H o -4 a -n M C- ya O Cn m w X n.l H z y V1 Ir O H ^3 m - 1 H L/J H A Ln C3 z a n w ni n a -s ru r .. fD Ln m c � tv .. a m v w M z a � ru r -rJ m Ln q n C3 I z a ty n LA a 3 a H ro 0 �E N z n -n t10 a -1 7c a a Do m I-, o rD M Ln a C H N. lb p m \333 -0 :3 a'3 y L-J n rr ct m LO I-, m -1 .A X LD m 3 a < L✓ \ -0-3av 3F,- w ru t� D, m ►-• a n o U3 C C N• CA ct N• m C CID act`< a In At$-AMt7-9 nro -s m D, w m U} OF iIF iIF ih IIF n a a LO ct n j -1 ct 3 ►,• m 7r # LA v1 m # # • ct ct fD �+ 3 �M C ;;u a o r Ln Ln Ln Ln w H Lr Lr a' M r \ .] n Lp Ls+ 02 ru m .n ao P L5 a i ru n.i x ..n Lr -1 a ro0Lr Lr D-oLu\\L3 m w C -.1C3O-,1 -.10-JnWCl m Lr.r=Pxoo P o o a w p e) l� u • File #4079BAwajc Deed to Property Verification of Taxes Paid T A X R E C E I P T - Y E A.R 2'0 0 4 Ticket #:00371600001 as FREDERICK COUNTY Date 5/19/2004 C. WILLIAM ORNDOFF, JR Register: LBX/CK P.O. BOX 225 Trans. #: 92371 Dept # RE200401 WINCHESTER VA 22604-0225 ACCT# 27676 2004 REAL ESTATE TAXES Previous FREDERICK MALL LE S3 53 4 3 E Balance $ 568.67 1.59 ACRES Acres: 1.59 Principal Being Paid $ 568.67 Land: 155800 Imp: 0 Penalty $ -00 Interest $ .00 WILSON, JAMES T & JESSIE S Amount Paid $ 568.67 *Balance Due 1200 FAIRFAX ST as of 5/19/2004$ -00 STEPHENS CITY, VA 22655 2852 Check 9138.82 # MARA 3213 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• (DUPLICATE) T A X R E C E I P T - Y E A R 2 0 0 4 Ticket #:00000590001 @@ FREDERICK COUNTY Date 6/03/2004 C. WILLIAM ORNDOFF, JR Register: COS/CO P•O. BOX 225 Trans• #: 29655 Dept # - RE200401 WINCHESTER VA 22604-0225 ACCT# - 27677 2004 REAL ESTATE TAXES Previous FREDERICK MALL LF S3 53 4 3 F Balance $ 550-79 1.54 ACRES Acres: 1.54 Principal Being Paid $ 550.79 Land: 150900 Imp: 0 Penalty $ .00 Interest $ .00 A'S COPIER SALES & Amount Paid $ 550-79 C/O ADAMS, GARY L *Balance Due 249 GLENRIDGE DR as of 6/03/2004$ .00 WINCHESTER, VA 22602 7006 Check 550-79 # BBT 1555 Pd by A'S COPIER SALES & ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST- (DUPLICATE) 0 0 • Rezoning Plat Pile /t4079/EAWajc Rezoning COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: March 14, 2005 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for a Rezoning #13-04 for Westbury Commons. 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: Harvest Communities 147 Creekside Lane Winchester, VA 22602 RSA/pd 6Q1b 31i5Io5 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 manager for -- - s in Amendments Without YroiZers J�«� �w proffers, resolution goe p AkLC, Action letter mailed to applicant �)—/ D OS— Reference manual and D-base updated final action) � ��-p� �. File given to office manager to update Application Action Summary ,1 File given to Mapping/GIS to update zoning map 1 b Zoning map amended U.\Cud\C 0MMw\tncki ng. rtx Reris�d. 05/09/02 DATE --^bk_ NO. 8004 RECEIVED FROM Ccsrn`. r� ennaFgS Nrl��RR+ou�o✓t�n 1�_�t'tiiCCa A -� ���� FOR , o A) rri, t nn G Q D � 'L' --DOLLARS O(P Q U-4.54hA- P q 14or" al 5 ) yA } 1, t 5,(, . S 0 AMT OF ACCOUNT CI�SH AMT. PAID SAIM E 4 BY k ' - �a T A X R E C E I P T Ticket #:00004730001 Date : 12/28/2004 / FREDERICK COUNTY Register: LJT/LJ C. WILLIAM ORNDOFF, JR Trans. #: 03139 P.O. BOX 225 Dept # 1095 WINCHESTER VA 22604-0225 Acct# Previous SIGN DEPOSITS PLANNING Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ •00 i Interest $ •00 Amount Paid $ 50.00 i i *Balance Due $ •00 Pd by PLANNING & DEVELOPMENT Check 2222.27 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 12/2004 0 0; �] � �, Ll� C(O F11V IN COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 8, 2004 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Third Preliminary Review Comments — Westbury Commons Rezoning Proposal Dear Evan: We recognize you have resubmitted the revised Westbury Commons rezoning proposal for review and for forwarding to the County attorney. This correspondence is offered to clarify our position and to advise you that the revised package has been forwarded to Bob Mitchell for his review. Recreational Amenities The impact statement for this proposed rezoning maintains the request that the Planning Commission, in conjunction with the Department of Parks and Recreations, to "consider a design and amount of facilities proportional and appropriate to eleven age -restricted homes". The Planning Department maintains its position previously described regarding this issue. The Zoning Ordinance does not provide for a waiver of this requirement and therefore, it is inappropriate to propose an alternative in recreational facilities. As previously suggested by the Planning Department, if you feel that clarification of an ordinance amendment is warranted, it would be appropriate to work with the DRRS to evaluate this request. Generalized Development Plan On the GDP included with the impact statement it appears that the sole access to the community center is through the trail network. This community center will have to meet all applicable county and state requirements, including handicap accessibility. At this time it may be more appropriate to remove the building from the GDP and provide a bubbled area that states "proposed community center location". The Master Development Plan and Subdivision processes will be used to ensure that all applicable regulations for a community center will be addressed. Please feel free to contact me should you have any questions or concerns regarding this correspondence. Sincerely, Le Candice E. Perkins Planner II CEP/dlw cc: Harvest Communities, Inc., Attn: Stuart Butler, 147 Creekside Lane, Winchester, VA 22602 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 E C LS U E J FREDERICK COUNTY PLANNING & DEVELOPMENT Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601-5000 Re: Westbury Commons Re -Zoning C November 12, 2004 Dear Mr. Lawrence: I am the owner of an existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B-2). I would support re -zoning it to a residential use (RP) which is consistent with my property. Please contact me if you have any questions. Sincerely, (signature) TPoMA S T PLAC-F (print name) lit HiclToRY LIaNE wlN�l�� - , 2) &3 (print address • Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601-5000 Re: Westbury Commons Re -Zoning DECEIVE NOV 18 2004 FREDERICK COUNTY PLANNING & DEVELOPMEW November 12, 2004 Dear Mr. Lawrence: I am the owner of an existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B-2). I would support re -zoning it to a residential use (RP) which is consistent with my property. Please contact me if you have any questions. Sincerely, ti ;L (signature) (print name) /03 /Qur-,r3 ✓ 17,61 ��- (print address) 0 Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601-5000 Re: Westbury Commons Re -Zoning pECEIVE NOV 18 2004 FREDERICK COUNTY PLANNING & DEVELOPMENT November 12, 2004 Dear Mr. Lawrence: I am the owner of an existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B-2). I would support re -zoning it to a residential use (RP) which is consistent with my property. Please contact me if you have any questions. Sincerely, (si ature) (pAnt name) �1 y (print address) • EC E NOV 1 8 FREDERICK COUNTY PLANN^ �NG & DEVrLOPMENT November 12, 2004 Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601-5000 Re: Westbury Commons Re -Zoning Dear Mr. Lawrence: I am the owner of an existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B-2). I would support re -zoning it to a residential use (RP) which is consistent with my property. Please contact me if you have any questions. Sincerely, (signature) 4 //tom, 1 1,QJ �s (print name) Ja6/�-_t'e- nny L-A �) ('t±_) -5 T t \,% J/' (print address) r- ! - November 12, 2004 Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601-5000 Re: Westbury Commons Re -Zoning Dear Mr. Lawrence: I am the owner of an existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B-2). I would support re -zoning it to a residential use (RP) which is consistent with my property. Please contact me if you have any questions. Sincerely, (signature) (print name) 5/ 7 9 73 s,- r- h ( rint address) z Sk ld4-- 5--`' 79 J 1 I FREDERICK COUNTY I e� fknINING & DEVELOPMENT __ November 12, 2004 Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601-5000 Re: Westbury Commons Re -Zoning Dear Mr. Lawrence: I am the owner of an existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B-2). I would support re -zoning it to a residential use (RP) which is consistent with my property. Please contact me if you have any questions. Sincerely, 4 .(�" J� signature) (print name) 105 EuGho Tlc,ce' wia�lie_7)ttr, J-A gn o3 (print address) E C E E 0 1 IF FREDERICK COUNTY PLANNING & DEVELOPMENT D TC EE W E I)l )`/ 30 '14 13 FREDERICK COUNTY PLANNING & DEVELOPM Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601-5000 Re: Westbury Commons Re -Zoning • November 12, 2004 Dear Mr. Lawrence: I am the owner of an existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B-2). I would support re -zoning it to a residential use (RP) which is consistent with my property. Please contact me if you have any questions. Sincerely, k (signature) 'tprint name) JI (:- \. --- �'- �' - - 1, (- `(J f -).,`, (print address) R,NSMISSIOH VERIFICATION REPORT TIME 11/29/2 04 11:57 NAME FRED CO PLAIhJNING DEP FAX 5406656395 TEL 5406655651 SER.# BROC2J178677 DATE, TI1+9E 11/26 11: 56 FAX 1,10. /NAPAE 97229528 DURATION 00: 01: 14 PAGE(S) 06 RESULT OK MODE STANDARD ECM COUNTY of FREDERICK Department Of Planning and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22.601-5000 Telephone: 540/665-5651 FAX, 540/665-6395 FAX TRANSMISSION TO: Date_ f� COMPANY: Number o Pages (including cover sheet) 0 0 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: COMPANY: v�cil c — �5 FAX #: % &Z _ a Remarks: Date: ? � i Number of Pages (including cover sheet) 3- - From the desk of: 0 GREENWAY ENGINEERING Winchester, Windy Hill Lane Virginia 22602 T RAN SMITTAL Project Name: Westbury File No: 4079 Date December Commons- 2004 To: FC Planning from: Andy Conlon/dlm Attn: Candice Perkins GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 ❑ Urgent ❑ For Your Review ❑ As You Requested Message: Candice, Attached is the following for the above project: -Rezoning Application -Application fee check for $1,156.50 -Sign Deposit fee check for $50 -All appropriate Agencies approval letters -Proffers -Impact Analysis Statement -Site Plan exhibit (44 color copies) -Rezoning exhibit 44 color copies -Fiscal Impact Model -Deeds and receipt of taxes paid Thank you for your assistance. Call with any concerns. ❑ Please Comment ID[f i�G�Ot��jI�Ijl� Greenway Engineering Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com FREDERICK COUNT ANING & DEVELOP 1ENT RECEIVED FROM A DRESS 14 '1 ! 1� t 0 FOR a.l�Jt+4'Y1 AQ,^ IT-n i;12 /DATE li'l HOW PAID ACCOUONT I CASH I AMT. PAID -- , ::�� .9 , „5& Jll I 4 o�_ - 2lo0.-Z i DOLLARS $ Id l .,,Jcs4y C p14i .so BY pt 0 WESTBURY COMMONS REZONING Housing Product, Streetscape, and Letters of Support Gainesboro Magisterial District Frederick County, Virginia TM 53-((4))-E & TM 53-((4))-F aggregate area of 3.13 Acres January 19, 2005 Current Owners: HARVEST COMMUNITIES, INC. Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 !1 GREENWAY ENGINEERING L.7 1 151 Windy Mill Lane Founded in 1971 WinchesLer, Virginia 22602 Telephone 540-662-4185 Engineers FAX540-722-9528 Surveyors www.greenwayeng.corn Photographs of the Downs and Early's Green subdivisions, Winchester, VA Housing product similar to that planned for Westbury Commons Housing product similar to that planned for Westbury Commons Photographs of the Downs and Early's Green subdivisions, Winchester, VA Streetscape similar to that planned for Westbury Commons Streetscape similar to that planned for Westbury Commons CANTERBURY SQUARE HOMEOWNERS' ASSOCIATION 101 Rugby Place Winchester, VA 22603 (540) 662-3486 January 13, 2005 SENT VIA FACSIMILE (540) 665-6395 County of Frederick Department of Planning and Development Board of Supervisors 107 North Kent Street Suite 202 Winchester, VA 22601-5000 Re: Rezoning Application #13-04 for Westbury Commons Hearing Aatc: January 19, 2005 at 7:00 p.m. Gentlemen: As President of the Canterbury Square Homeowners' Association, I would urge that you approve the rezoning of the 3.13-acre tract from a B2 to a RP District. Canterbury Square consists of twenty (20) residences which are immediately adjacent to the site for which the rezonvlg is requested. The Association would prefer the RP zoning since such a change is consistent with good zoning prac�:c.;s aaci xw promote better planme" giowtn is era a"4. Very truly yours, CANTERBLRY SQUARE YI-1101MEOWNERS' SSOCIATION S. G. Butler President cc: Stuart E. Butler i JAN 13 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT e90-J 10/1O'd 289-1 leLEZZLO"+ 0 1 d b311119 031 NOlsmor 11V03un-Word wdee:e0 50-E1-10 F�A GE e5/@E NOY 18 2004 FREDERICK COt)N7y PLANNING & DEVELOPMENT November 12, 2004 Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Dent Street Winchester, VA 22601-5000 Re: Westbury Commons Re -Zoning Dear Mr. Lawrence: I am the owner of an existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B-2)_ I would support re -zoning it to a residential use (RP) which is consistent with my property. Please contact me if you have any questions. Sincerely, (signature) 7g l /Li 1 /n 2- I' I' g'' (print name} D xJ (print address)v P ,GE 04/06 Nuvember 12, 2(jO4 Mr. Eric Lawrence Department of Planning and Development County of. Frederick 107 North Kent Street Winchester, VA 22601-5000 Re: Westbury Commons Re -Zoning Dear Mr. Lawrence: I am the owner of an existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B-2). I would support re -zoning it to a residential use (RP) which is consistent with my property. Please contact me if you have any questions. Sincerely. (Si tune) name) L ayv-- (print address) L�Oa_�0� 3� 11/28/2004 11:56 5406656395 FRED CO PLANNING DEP PAGE. 02/66 E C E' U E N 0 V 1 5 2004 10 LICK COU & DEWU November 12, 2004 Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601-5000 Re: Westbury Commons Re -Zoning Dear Mr. Lawrence: I am the owner of an existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (13-2). I would support m-zoning it to a residential use (RP) which is consistent with my property. Please contact me if you have any questions. Sincerely, (�i gn2t1lT2) Tori,4 5 T. PLA�F (print name) �Ii m ichogy LANE VA.Wa 63 (print address 11/28/2004 11:56 5406656395 FRED CO PLANNING DEP PAGE 03/06 -.. --AM - tin C E I-TL NOV 18 2004 November 12, 2004 Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601-5000 Re: Westbury Commons Re-7�oning ? am the owner of an existing home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (B-2). I would support re -zoning it to a residential use (RP) which is consistent with my property - Please contact me if you have any questions_ Sincerely, n' (signature) (print name) i (print address) November 12, 2004 Mr. Eric Lawrence Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601-5000 Re: Westbury Commons Re -Zoning Dear Mr. Lawrence: I am the owner of an existirig home adjacent to the proposed Westbury Commons subdivision. I understand that the property is currently zoned for commercial use (13-2). I would support re -zoning it to a residential use (RP) which is consistent with my pro Please contact me if you have any questions. sincerely, (signature) 0 (print name) S/ 7 9 93 s' t7 r', s;f-r- (Orint address) S �. F Nov1 6 'Tril EDERiCK COUNTY ANNING &DEVELOPMENT WESTBURY COMMONS REZONING APPLICATION Stonewall Magisterial District Frederick County, Virginia TM 53-((4))-E and TM 53-((4))-F aggregate area of 3.13 Acres December 23, 2004 Current Owners: HARVEST COMMUNITIES, INC. Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 0 GREENWAY ENGINEERING 151 Windy I1111 Lane Founded in 1971 Winchester, Virginia 22602 Telephone 540-662-4185 Engineers FAX 540-722-9528 Surveyors www.greenwayerig.corn Rezoning Application - Location Map Application Review Fee Pile U4079/EAWgjc REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Zoning Amendment Number PC Hearing Date Date Received BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Harvest Communities, Inc Attn.: Stuart Butler Address: 147 Creekside Lane Winchester, VA 22602 2. Property Owner (if different than above) Same as above 3. Contact person if other than above Name: Greenway Engineering Attn.: Evan A. Wyatt, AICP Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 678-1462 Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 5-The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land ito bexezorled:- Harvest Communities, Incorporated. 6. A) Current Use of the Property: Unimproved (3.13 acres) B) Proposed Use of the Property: Residential, Single-family small lot, detached 7. Adjoining Property: Please see attached PARCEL ID NUMBER USE ZONING 53-((4))-3D 1 Commercial B2 53-((4))-3E Commercial B2 53-((4))-3F Commercial B2 53-((A))-52C Commercial B2 53-((A))-52E Commercial B2 53A-((A))-6 Residential B2 53A-((2))-D-3 Residential RP 53A-((2))-D-4 Residential RP 53A-((2))-D-5 Residential RP 53A-((2))-D-6 Residential RP 53A-((2))-D-7 Residential RP 53A-((2))-D-8 Residential RP 53A-((2))-D-9 Residential RP 53B-((4))-7 Residential RP 53134(4))-8 Residential RP 53B-((4))-9 Residential RP 53B-((4))-20A Residential, common space RP 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): Fronting on the west side of Westminster -Canterbury Drive (Route 1318), approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522). 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 spepifics�:bf ;the :proposed use.. Otherwise; the planning staff will use the maximum possible den ity or intensity seer:ario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Numbers Districts Magisterial: Stonewall High School: James Wood High School Fire Service: Round Hill Middle School: Frederick County Middle School Rescue Service: Round Hill Elementary School: Apple Pie Ridge Elementary School 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 3.13 B2 RP 3.13 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 homes: I I Townhome: 0 Multi -Family: 0 Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: 0 Service Station: 0 Retail: 0 Manufacturing: 0 Restaurant: 0 Warehouse: 0 Other: 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: Harvest Communities, Inc. B Stuart Butler, President Da e Owner: Harvest Communities, Inc. B f Stuart Butler, President Date Adjoining Property Owaers Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property aliuttin the re ueste' ' `r'tS ' erton the side' or rear or. any ropert dir?ctl across: a; ublic g q P P y yP y y p right-of-way, a private right�of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Upper Crust, LLC 112A Bruce Drive Winchester, VA 22601 Property # 53-4-31)1 Name James T. & Jessie S. Wilson 1200 Fairfax Street Stephens City, VA 22655 Property # 53-4-3E Name A's Copier Sales & c/o Gary L. Adams 249 Glenridge Drive Winchester, VA 22602 Property # 53-4-3F Name Harry K. Benham 21 South Loudoun Street Winchester, VA 22601 Property # 53-A-52C Name H.K. Benham III & James T. Anderson PO Box 368 Winchester, VA 22604 Property # 53-A-52E Name Vernon B. & Frances A. Unger 5179 Barley Drive Stephens City, VA 22655 Property # 53A-A-6 Name Almira L. Kipps 106 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-3 Name Almira L. Kipps 106 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-4 Name Betty Lou Reeves Bean 112 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-5 Name and Property Identification Number Address Name. Betty. Lou �2eeves Bean: i; , 112 Hickory Lane , Winchester, VA 2' Property # 53A-2-D-6 Name Betty Lou Reeves Bean 112 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-7 Name Thomas J. Place 116 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-8 Name Thomas J. Place 116 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-9 Name Jeremy P. & Holly L. Buck 105 Rugby Place Winchester, VA 22603 Property # 53B-4-7 Name Edward H. & Gertrude H. Corddry 103 Rugby Place Winchester, VA 22603 Property # 53B-4-8 Name Stephen G. Butler PO Box 2097 Winchester, VA 22604 Property # 53B-4-9 Name North Frederick Realty PO Box 2800 Winchester, VA 22604 Property # 53B-4-20A Review Agency Comments File 414079/EAWajc COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 8, 2004 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Third Preliminary Review Comments — Westbury Commons Rezoning Proposal Dear Evan: We recognize you have resubmitted the revised Westbury Commons rezoning proposal for review and for forwarding to the County attorney. This correspondence is offered to clarify our position and to advise you that the revised package has been forwarded to Bob Mitchell for his review. Recreational Amenities The impact statement for this proposed rezoning maintains the request that the Planning Commission, in conjunction with the Department of Parks and Recreations, to "consider a design and amount of facilities proportional and appropriate to eleven age -restricted homes". The Planning Department maintains its position previously described regarding this issue. The Zoning Ordinance does not provide for a waiver of this requirement and therefore, it is inappropriate to propose an alternative in recreational facilities. As previously suggested by the Planning Department, if you feel that clarification of an ordinance amendment is warranted, it would be appropriate to work with the DRRS to evaluate this request. Generalized Development Plan On the GDP included with the impact statement it appears that the sole access to the community center is through the trail network. This community center will have to meet all applicable county and state requirements, including handicap accessibility. At this time it may be more appropriate to remove the building from the GDP and provide a bubbled area that states "proposed community center location'. The Master Development Plan and Subdivision processes will be used to ensure that all applicable regulations for a community center will be addressed. Please feel free to contact me should you have any questions or concerns regarding this correspondence. Sincerely, 9C L c'_ Candice E. Perkins Planner II CEP/dlw DEC 0 9 ?n04 cc: Harvest Communities, Inc., Attn: Stuart Butler, 147 Creekside Lane, Winchester, VA 22602 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 HALL, MONAHANI ENGLE, MAHAN & MITCHELL WILEl1R C. HALL (1092-1972) THoms V HONAHAN 119Z4-Ifl99) SAMVEL D. E?IOLE o. LELAND LRAHAN RoISERT T. MITCHELL, JR OANE-5 A. KLENNAII SruvEM F. JACKSON SAND -DELIVERED A RVZflf R91►O►/POMMK3 1.L C4110 W Mn A7ro RHEYs AT LAW a l Uusr mmR 57i0[ET o PAST bo4CMNFN 9"MT lt!!"v . yr w k M1YUB9fU. VIPQ111A TrLLPHL Ne 1b "-ow TnLrYg4C"K 51DEex JtOo Ft �. P'NNL hry�na/s4gyfw�wn December 20.2004 Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street 1Ar113chester, VA 22601 MWr Fl TO P. O. Box a4a WINCHE.47ER, VIRCINU. 2ZeO4-O018 Re: Harvest Communities, Inc. (Westbury Commons) Proposed Proffer Statement Dear Mike: I have reviewed the above -referenced proposed Proffer Statement. It is my opinion that the Proffer Statement is in a form to meet the requireraents of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following: L I would suggest, for uniformity and easy reference purposes, that the document be titled "Proposed Proffer Statement" and the statement of rezoning request, property, record owner, etc., be sumnmrized at the beginning (see, for example, the Proposed Proffer Statement oi'Haggerty Property, recently reviewed). 2. Tn Paragraphs B.3 and D ii is provided that the deeds to individual lots will provide for maintenance responsibility for shared driveways (B.3) and fer the age -restricted conditions (D). If the rezoning is granted, the owner wilt apply for and obtain subdivision approval, after which a document in the nature of a Deed of HALL, MONAHAN, ENGLE. MAHAN irk MITCHELL Michael T. R"dy December 20, 2004 Page 2 Subdivision and Declaration of Restrictive Covenants ("Declaration") will be recorded, which will record the subdivision plat, will set forth the restrictive covenants on the property, and will provide for the property owners' association. It is my recommendation that the proffers provide that, in addition to being set forth the deeds to the individual lots, the subjectprovision will be set forth in theDeclatation. 3. It is also my recommendations that the proffers provide that the maintenance responsibilities of the property owners' association [private street (Paragraph C); pedestrian trail (Paragraph E); community commons area (Paragraph F.1); full screen buffer (ParagraphF. 2); landscape buffer (ParagraphF.3)] will be set forth in the Declaration. rn this regard, it is not clear whether the fence referenced in Paragraph F. 3 is to be maintained by the property owners' association or the individual lot owner, and that should be clarified. Also, it should also be specifically provided that the property owners' association shall have the maintenance responsibility for the community center building. 4. While the details of the pedestrian trail may be addressed at the subdivision plat stage, I note that the generalized developmentplI n (GDP) shows the trail connecting at three points to private driveways. It would appear that apedestrian trail easement would need to be placed on the three private driveways to connect the (rail to the private street, assuming it is not the intention to have the trails dead-end at the driveways. It would probably be sufficient at this point to have the easements shown on the generalized development plan. 5. With respect to the monetary proffer (Paragraph G), the purpose or purposes of the monetary proffer should be detailed in the manner in which the County intends to expend the funds, as the County is required to account for the expenditure of the funds pursuant to Virginia Code §15.2-2303.2(C). (It is noted in Paragraph I of the Impact Statement that the $1,000.00 per lot proffer is apparently intended to address impacts to County Administration, Fire and Rescue, Public Libraries, and Sheriffs Dept_) HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy December 20, 2004 Page 3 6. With respect to the community center depicted on the GDP, there should be a specific provision in the proffers that a community center shall be constructed by the owner, and at statement of the tinning of the construction (prior to the sale of any lot?). You have noted that the GDP shows the community center accessed only- by the pedestrian trail systeim, but that the center will have to be handicap accessible and provide parking, in addition to meeting other siteplanning requirements. Accordingly, the proffer should also include language to the effect that the community center shall be located as generally shown on the GDP, and will be handicap accessible, provide for parking, and meet other requirements of County ordinances. I have not mviewed the proffers as to whether the proffers are suitable and appropriate for the site, as it is by understanding that that review will be done by the staff and the Planning Commission. If there are any questions concerning the foregoing, please contact me. eTy My you, Robert T. Mitchell, Jr. RTMIks COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 September 13, 2004 Mr. Andy Conlon C/O Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Ref: Westbury Commons Rezoning Route 1318 Frederick County Dear Mr. Conlon: FAXED (SEP 1-,6 200a 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 some measurable impact on Route 1318. 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 Harvest Communities, Inc. rezoning application dated August 16, 2004 addresses transportation concerns associated with this request. 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. Sincerely 0 Lloyd A. Ingram Transportation Engineer LAI/rf Enclosure — Comment Sheet Il , Sp 0 2004 VirginiaDOT.org WE KEEP VIRGINIA MOVING Administrative Assistant to the Superintendent Frederick County Public Schools Visit us at www.frederick.k12va.us September 1, 2004 Mr. Evan A. Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Wyatt: RE: Harvest Communities, Inc. Project e-mail: kapocsis@frederick.k12_va.us This letter is response to your request for comments concerning the rezoning application for the proposed Harvest Communities, Inc. project located, fronting on the west side of Westminster -Canterbury Drive, approximately 1,000 feet south of the intersection of North Frederick Pike. Based on the information provided that all parcels would be age restricted, there would be no impact to the school population upon build -out. Respectfully yours, Stephen M. Kaposc' Administrative Assistant to the Superintendent SMK: dkr cc: Dr. William C. Dean, Superintendent of Schools q tp4 SEP 0 3 2004 D By 540-M2-3889 Fact 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 Rezoning Comments • � :�.C?:'�. .. a.. .w ti..r $.u...� r d_ n-.x�r _ i, a._+ x+K ,., c x, c, P' � � J�� iT D "�'1 a.„�.F3+k.f .. d.:`'a4i,� ..=i?a.w .L. ._ .• .« wi.i N.F. ...��Y.`�a .�. ..�..s.�. _».,:iki Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia, 22601 (540)665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Applicant: Please till out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. WESTBURY COMMONS REZONING (Greenway File #4079) Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Attn: Evan Wyatt, AICP Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Westminster -Canterbury Dr., approx. 1,000' south of North Frederick Pike Current zoning: B2 Zoning requested: RP Acreage: 3.13 Department of Parks & Recreation Comments: Staff anticipates the residents of this community will have Every opportunity to benefit from the parks and recreational services offered by Frederick County. To calculate this impact on Parks and Recreation services, I would recommend we trust the formula included in the County Impact Model. Pks. & Rec. Signature & Date: 2/7/04 Notice to Department of Par�j& Recreation — Please Return This Form to the Applicant 1Comments Frederick -Winchester Service Authority Mail to: Frederick -Winchester Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Fred-Winc Service Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. WESTBURY COMMONS REZONING (Greenway File #4079) Applicant's Name: Greenway Enaineerinc Telephone: (540) 662-4185 Attn.: Evan Wyatt, AICP Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Westminster Canterbury Dr., approx. 1,000' south of North Frederick Pike Current zoning: B2 Zoning requested: RP Acreage: 3.13 Fred -Wine Service Authority Comments: M Fred-Winc Service Authority Signature & Date: Notice to Fred-Winc Service Authority - U4A.A - 61�7' 611 Return This -Form to the Applicant AUG 192004 p Rv Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information 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. WESTBURY COMMONS REZONING (Greenway File #4079) Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Attn.: Evan Wyatt, AICP Mailing Address: 151 Windy Hill Lane Winchester. VA 22602 Location of property: Westminster Canterbury Dr., approx. 1,000' south of North Frederick Pike Current zoning: B2 Zoning requested: RP Acreage: 3.13 Sanitation Authority Comments: Sanitation Authority Signature & Date: Notice to Sanitation Authority - Please Return This Form to the Applicant AUG 18 2004 1 „J =1 September 21, 2004 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Westbury Commons Rezoning Frederick County, Virginia Dear Evan: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 We have completed our review of the proposed rezoning and offer the following comments: 1) Site Drainage: In addition to onsite stonnwater management, it may be necessary to implement some offsite improvements to protect the existing residential development located east of the proposed project. We definitely concur with your offer to control the 100-year storm. Also, keep in mind that it will be necessary to consider the existing upgradient detention pond located immediately to the south of your site. 2) Solid Waste Disposal: In the second sentence, correct the word daily to indicate yearly volume. Also, consideration should be given to providing curbside trash pickup for this proposed development. Please contact me if you have any questions or need clarification concerning the above comments. Sincerely, � ctw o Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Mark R. Cheran, Zoning and Subdivision Administrator file A:\westhuryrezcom.H pd 107 North Kent Street • Winchester, Virginia 22601-5000 Frederick County Fire and Rescue Department w< p* Office of the Fire Marshal Control number RZ04-0013 Project Name Westbury Commons Address 151 Windy Hill Lane Type Application Rezoning Current Zoning B2 Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Plan Review and Comments Date received 8/17/2004 City Winchester Tax ID Number 53-4-E & 53-4-F Date reviewed 8/17/2004 Applicant Greenway Engineering State Zip VA 22602 Fire District 15 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Not Identified Roadway/Aisleway Width Adequate Date Revised Applicant Phone 540-662-4185 Rescue District 15 Election District Gainesboro Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No Emergency Vehicle Access Comments Landscaping and other materials shall be placed in a manner as not to inhibit use of the entire driveway width to individual dwelling units Fire Hydrants shall comply with Frederick Ccirnty Code section 90-4 Access Comments Additional Comments Plan Approval Recommended Reviewed By Signature Yes Timothy L. Welsh Title Proffer Statement File 94079/L•AW ije Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATA: Preliminary Matters PROPOSED PROFFER STATEMENT RZ # Business General (132) to Residential Performance (RP) 3.13-acres +/-; Tax Parcels 53-((4))-3-E & 53-((4))-3-F (the "Property") Harvest Communities, Incorporated Harvest Communities, Incorporated WESTBURY COMMONS REZONING August 13, 2004 December 22, 2004 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 3.13-acres from the Business General (B2) District to Residential Performance (RP) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject property, identified as Westbury Commons, and more particularly described as the lands owned by Harvest Communities, Incorporated, being all of Tax Map Parcel 53-((4))-3-E and 53-((4))-3-F and being the same property as shown on a plat of survey prepared by Elliot Ritchie, Jr., LS, recorded in Clerk's Office of Frederick County, Virginia in Deed Book 553 at Page 489. File I14079/AJC Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 A. Generalized Development Plan The applicant hereby proffers to develop the 3.13-acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. B. Declaration A Deed of Subdivision and Declaration of Restrictive Covenants ("Declaration") shall be recorded with the subdivision record plat. The Declaration shall provide for a Homeowners Association and set forth maintenance responsibilities for all common areas and facilities. C. Residential Use Enhancements 1. The applicant hereby proffers that the 3.13-acre property shall be developed pursuant to the "Single-family small lot" detached dwelling unit option as permitted in the Residential Performance (RP) District. All other housing types allowed in Section 165-65 are hereby prohibited. 2. The applicant hereby proffers to limit the total number of "Single-family small lots" to eleven (11), with all lots being subdivided to a minimum of 6,000 square feet within the privately held lot area. Each lot shall adjoin common open space areas along the rear property line. 3. The applicant hereby proffers that for those lots that share a driveway with an adjacent lot, the Declaration and the deeds for the affected properties shall set forth the maintenance responsibilities for the shared driveways. D. Private Street The applicant hereby proffers to serve the community with a private street. The cross sectional dimension of pavement thickness an compacted base thickness will meet or exceed the public street pavement section standards utilized by the VDOT. The Westbury Commons Homeowners Association shall be responsible for the maintenance of this street. All residential lots shall have frontage on the private street access easement. File 1J4079/AJC 2 Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 E. Age -Restricted Community The applicant agrees that the following language shall be included in the Declaration and the deeds conveying real property designated as age -restricted housing on that portion of the property. All occupied residential units shall be occupied by at least one person fifty-five (55) years of age or older and within such units the following conditions shall apply: All other residents must reside with a person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child of eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty-five (55) years of age or older. Not withstanding this limitation, a person hired to provide live-in, long term or terminal health care of a person who is fifty- five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care. 2. Guests under the age of fifty-five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. 3. If title to any lot or unit shall become vested in any person under the age of fifty- five (55) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenants shall not work a forfeiture or revision of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he/she shall have attained the age of fifty-five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. F. Recreational Amenities The applicant hereby proffers to construct a five-foot wide asphalt pedestrian trail system throughout the project, with connections to the center commons and community center as depicted on the Generalized Development Plan. The pedestrian trail shall be linked to the private street, at a minimum, via a crossing at the entrance and legal access in the vicinity of specific driveways, as depicted on the Generalized Development Plan. G. Open Space 1. The applicant hereby proffers to provide community commons open space in the center and northwest quadrant of the project, as well as around the perimeter of the site. Pile 114079/AJC 3 , Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 2. The applicant hereby proffers to provide a Category B full screen buffer along the portion of the northern project property line adjacent to existing B2 zoned parcel. 3. The applicant hereby proffers to provide a twenty-five (25) foot landscaped buffer along the western project property line, adjoining Westminster -Canterbury Drive (Route 1318). A fence, of a minimum four feet in height, shall be constructed along the residential lot lines that adjoin this buffer. H. Monetary Contribution to Offset Impact of Development The undersigned owner of the above -described property hereby voluntarily proffers that in the event rezoning application # is approved, the undersigned will pay into the General Fund of Frederick County, Virginia $1,000 for each residential lot that is platted, to mitigate fiscal impacts to County services. This monetary contribution will be paid at the time of the building permit issuance for each residential lot. File t14079/AJC 4 , Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 3, 2004 Revised December 2, 2004 Revised December 22, 2004 I. Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Sub By: 7 % T tuar er, President Date Harvest Communities, Inc. Commonwealth of Virginia, Ci /County f {—t�f r � ,��; .k To Wit: Irc.l The foregoing instrument was acknowledged before me this l day of lDC(Cu 1-1111= 20 CA-. by �j.f-(..Cit(� t�trE'�C'� : i�Yi°�ICf('.i r� } �C�t�'L'E�a �' (�OrYIVVit).l(%(C'�l�x, t Notary Public My Commission Expires' L Pile 114079/AJC 5 Impact Analysis Statement Pile 114079/GAWajc IMPACT STATEMENT WESTBURY COMMONS REZONING Stonewall Magisterial District Frederick County, Virginia TM 53-((4))-3-E & TM 53-((4))-3-F aggregate area of 3.13 Acres August 13, 2004 Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 Current Owners: Harvest Communities, Incorporated Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 File #4079/EAW/ajc Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 WESTBURY COMMONS RIEZONING ' F ; .., :_ , ,,. { �: INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 3.13-acre subject property identified as Westbury Commons and owned by Harvest Communities, Incorporated. The subject property consists of two contiguous parcels, those being: TM 53-((4))-3-E containing 1.59-acres and TM 53-((4))-3-F containing 1.54 acres. The subject site is located on the west side of Westminster -Canterbury Drive (Route 1318), approximately 1,000 feet south of the intersection of Westminster - Canterbury Drive (Route 1318) and North Frederick Pike (Route 522). The applicant proposes to conditionally rezone the 3.13-acre tract from Business General (132) District to Residential Performance (RP) District. The applicant plans to create a compact eleven -unit community of detached single-family small lot homes. (Reference Attachment 1. Location and Existing Zoning Exhibit for Westbury Commons) Basic information Location: Fronting on the west side of Westminster -Canterbury Drive (Route 1318), approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522) Magisterial District: Stonewall Property ID Numbers: 53-((A))-3-E and 53-((4))-3-F Current Zoning: Business General (132) District Current Use: Unimproved Proposed Use: Residential, Single-family small lot, detached Proposed Zoning: Residential Performance (RP) District Total rezoning area: 3.13 acres Proposed build -out 11 Single-family detached residential lots File It4079/EAW/ajc .2 Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 COMPREHENSIVE PLAN AND ZONING ORDINANCE 1. Urban Development Area Expansion of the Urban Development Area WIDA.) beyond( its ex.istirig boundary is not required by this application. 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. 3. Recreational Units Reauirement Frederick County Code Section 165-64 states: A. Housing types with lots sizes of less than 5,000 square feet shall provide the following recreational units or equivalent recreational facilities, for each 30 dwelling units. All such developments shall contain at least one such recreational unit. lit addition, developments containing single- family small lot housing shall provide a community center that provides for the equivalent of three age -appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission, in conjunction with the Administrator and the Department of Parks and Recreation, using the following recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan review. [Amended 10-27-1999] B. A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the total development.... The applicant proffers all lots shall be at least 6,000 square feet in area. The subdivision will utilize the "small lot development" option of the Residential Performance (RP) District. The applicant proffers to limit the total number of units to only eleven (11) homes. The project is exclusively for age -restricted residents, as enforced through proffers and deed restrictions. In keeping with the spirit of the ordinance as well as the interests of these future residents, the applicant intends to provide recreational amenities. A recent Planning Department interpretation holds that the ordinance requires the subject proposal to provide a community center building valued at $75,000, as well as other recreational amenities valued at $25,000. File #4079/EAW/ajc , 3 Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 Tile applicant requests the Planning Commission, in conjunction with the Administrator and Department of Parks and Recreation, consider a "design and amount of facilities" proportional and appropriate to eleven age -restricted homes. In keeping with the recent Planning Department interpretation, community, center �is included 'in the proposal. In addition, the applicant proffers to provide an age -appropriate pedestrian trail system.. A. SUITABILITY OF THE SITE A rrP.cc The subject site, consisting of tax parcels 53-((4))-3-E and 53-((4))-3-F, is located within a manmade boundary created by Westminster -Canterbury Drive (Route 1318) on the western frontage of the property, commercially zoned and developed adjacent properties to the north, the J.P. Darlington residential subdivision to the east, and the Canterbury Square and Westminster Canterbury residential communities to the south. The sole access to the subject site will be from Westminster -Canterbury Drive (Route 1318). A Generalized Development Plan (GDP) has been submitted as a proffered exhibit. The GDP identifies the general common open space, buffer, and road layout. (Reference Attachment 2, Generalized Development Plan Exhibit for Westbury Commons) Flood Plains The subject property can be found on FEMA NFIP map #510063-0105-B. The entire site is located outside the 100-year flood plain in designated "Zone C". Wetlanrlc The National Wetlands Inventory data from the Frederick County GIS database indicates there are no wetlands on this site. Soil Types The soil types contained in this tract have been obtained from the Frederick County GIS database. The subject site contains the following two soil types: 14B Frederick Poplimento loams 2-7% slope covers approx. 25% of site 17C Frederick Poplimento rock outcrop complex 2-15% slope covers approx. 75° of site Table 5 on page 123 of The Soil Survey of Frederick County, Virginia, identifies the 14B Frederick Poplimento loams soils as prime farmland; however given the small area of these soils within the subject property and the existing development surrounding the property, it is not well suited to agricultural activities. The remaining soil type on site is not identified as prime farmland soil. File #4079/EAW/ajc . 4 Greenway Engineering Other Environmental Features August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised ne x m.ber 2, 2004 The: -site: does: not contain areas of steep slope or swoodlands,. as .defined .by the Frederick Count;, Zoning Ordinance. B. SURROUNDING PROPERTIES Adjoining propertyzoning and present use: North: Business General (B2) District Residential Performance (RP) District South: Residential Performance (RP) District East: Residential Performance (RP) District West: Business General (B2) District C. TRANSPORTATION Use: Commercial; car wash Use: Mixed; residence and grocery store Use: Residential; Canterbury Square Use: Residential; Darlington Subdivision Use: Commercial; Sunnyside Plaza Traffic will access the site via Westminster -Canterbury Drive (Route 1318). Westminster - Canterbury Drive (Route 1318) intersects North Frederick Pike (Route 522) at a median crossing, which provides the ability to safely cross North Frederick Pike to access commercial services and the Route 37 By-pass to the west. Westminster Canterbury Drive averages 1,800 vehicle trips per day according to VDOT 2002 counts Pursuant to the I.T.E. Trip Generation Manual, 71h Edition (page 453), single-family detached adult housing generates an average of 3.71 vehicle trips per day (VPD). VDOT has recognized an average VPD of 5.6 for this land use in recent traffic studies; therefore, the proffered eleven -unit subdivision would produce an average daily traffic volume ranging between 41 and 62 vehicle trips. Sight distance at the North Frederick Pike intersection is very good and a median crossing exists to facilitate safe traffic movement from Westminster Canterbury Drive. The internal subdivision street is to be a private road, maintained by the Westbury Commons Home Owners Association. The Proffer Statement ensures the cross sectional dimension of pavement thickness and compacted base thickness will meet or exceed the public street pavement section standards utilized by VDOT. The private road is to be contained within an access easement, with all individual lots having frontage on the access easements (as permitted through Code § 144-24.C.2.b). File #4079/EAW/aje 1 5 Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised [November 1, 2004 Revised December 2, 2004 D. SEWAGE CONVEYANCE AND TREATMENT The 3.13-acre property is located in the northwestern portion of the Sewer and Water Service .'Area.,(SWSA). There is. an° existing. Frederick, County,,Sanitation . Authority- ,(FC.SA): 81, sanitary sewer main on the south are:' east side of the silbject site, which will serve lhe-%- project. Effluent is conveyed from this geographic area to the Opequoll Waste Water Treatment Plant through a series of transmission lines ranging in size from 12 inches to 30 inches. The eleven lots will be connected to the main in accordance with FCSA regulations. Impacts of the proposed rezoning on the sewage conveyance and treatment system are based on the proffered land use of eleven single-family detached dwelling units. Design figure estimates are based on 225 gallons per day (GPD) per single-family detached unit. The figures below represent the impact that this project would have to the sewage conveyance system and treatment system at full build -out of eleven (11) dwelling units: Q = 225 GPD per dwelling unit Q = 225 GPD x 11 dwelling units Q = 2,475 GPD The proposed zoning is estimated to add 2,475 gallons per day to the public sewage conveyance system and the Opequon Wastewater Treatment Plant. The design capacity of the treatment plant is 8.4 million gallons per day, of which the City and the County are currently utilizing approximately 6.4 million gallons per day. The total build -out of the proposed subdivision would require approximately 1/10 of one percent of the available capacity at the Opequon Waste Water Treatment Plant; therefore, adequate capacity, source and infrastructure is available for this development. In"A NUMMIt' ' M The 3.13-acre property is located in the northwestern portion of the Sewer and Water Service Area (SWSA). There is an existing FCSA 8-inch water line along Westminster -Canterbury Drive, which will serve the project. Impacts of the proposed rezoning on the water supply system are based on the proffered land use of eleven single-family detached dwelling units. Design figure estimates are based on 275 gallons per day (GPD) per single-family detached unit. The figures below represent the impact that this project would have to the water supply system at full build -out of eleven dwelling units: Q = 275 GPD per dwelling unit Q = 275 GPD x 11 dwelling units Q = 3, 025 GPD File #4079/EAW/ajc 6 Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 The proposed development would utilize an estimated 3,025 gallons pet day. The North West water storage and Sunnyside water storage tank provide water source and maintain adequate pressure for the Sunnyside community. The water storage tanks are served by adequate transmissiow lines and source, which includes;the-StephensCii:y quarries:and. water. purchased. -from the `.:it} of `F''inchester. The: projected water rtsage at build -out is negligible. Therefore, adequate capacity, source and infrastructure are available for this subdivision. F. SITE DRAINAGE The 3.13-acre site is relatively flat, generally falling gently eastward from the Westminster Canterbury Road frontage to the rear of the tract. The topographic low point of the site is in the northeast corner. An onsite storm water management pond is proposed in this corner of the property to control the increased run-off. Stormwater will be detained during peak recovery of 2, 10, and 100-year storm events for discharge into an existing shallow Swale at or below pre -development rates. All storm water management measures are to be approved by the County Engineer. G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected based upon each household having an annual average volume (AAV) of 5.4 cubic yards of landfill volume (Civil Engineering Reference Manual, 4t1i edition). The following figures show the increase in daily volume based on the proffered density of 11 dwellings. AAV = 5.4 cu. yd. per dwelling AAV = 5.4 cu. yd. X 11 dwellings AAV = 59.4 cu. yd. It is estimated that the proposed development will provide approximately 1/10 of one percent increase in the Municipal Solid Waste portion of the Regional Landfill. The Landfill has the capacity to accommodate this increase in solid waste generation. File #11079/EAW/ajc 1 7 Greenway Engineering August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2004 H. HISTORICAL SITES AND STRUCTURES 1. Virginia Division of Historic Landmarks The Rural Landmarks Survey Report, for Frederick. Count,- identifies 1,he Martin 'HoG�,e (file #34-527) as a potentially significant property within this geographic area of the County. The Martin House is not listed as a property potentially eligible for the State and National Register of Historic Places. The Martin House, located more than a quarter mile east of the subject property, and to the east of the Budget Motel, is not visible from the Westbury Commons site. Therefore there are no impacts to the Martin House as a result of this rezoning application. 2. Winchester Regional Preservation Office Department of Historic Resources There were no archeological artifacts found on the site. 1. OTHER IMPACTS The Frederick County Capital Facilities Fiscal Impact Model has been applied to the development of twelve (12) single-family detached dwelling units (an earlier design of the project yielded one more lot). The results of this model run indicate that development of the subject site with typical single-family homes would result in a net fiscal impact of $9,652 per dwelling unit. However, it is noted the Westbury Commons community is proffered as an age -restricted community; therefore the impacts would not be that of typical (i.e. not age - restricted) residences. This difference is most evident in the very limited impact this project will have on the school system. Removing the $7,571 attributed to Public Schools from the formula leaves a net fiscal impact of 2,081 per dwelling unit. Due to the current interpretation of Zoning Ordinance provisions for RP District small lot subdivision, this application is required to provide on -site recreational amenities valued at approximately $100,000 (i.e. four recreational units), or $9,090.91 per dwelling unit (exclusive of operating/maintenance costs). The cost of these required recreational amenities far exceeds the anticipated value to the residents and should more than satisfy any further contribution to the Parks and Recreation component of the model. Removing the $1,288 attributed to Parks and Recreation from the formula leaves a net fiscal impact of $793 per dwelling unit. It is acknowledged this development will have fiscal impacts to County services, including County Administration, Fire and Rescue, Public Libraries, and Sheriffs Department. The applicant has proffered a $1,000 per dwelling unit monetary contribution to mitigate impacts projected by the fiscal impact model. File #4079/EAW/ajc 1 8 Greenway Engineering Ai achments: August 13, 2004 Westbury Commons Rezoning Revised September 29, 2004 Revised November 1, 2004 Revised December 2, 2014 1. Fiscal Impact Model Run for Westbury Commons (12 lots) 2. ;Location and Existing Zoning Fxhibit for lffestbury Commons �, u: � 3. , Teneraliz'cd Development Plcut sxn!'bit for Wes! bur -'Com. mcns 4. Conditional Zoning Proffer Statement for Westbury Commons { File #4079/EAW/ajc 9 r+m r9 N m W rJrJ n n W Q Z r-t Z Z J O U Q W a tL L0 m rn LD L0 LO LO cD N Nr r9 w N tf1 m OD r9 OUTPU. ..JDULE f APPUCMfP Westbury Commons Net Fiscal fmpocl LAND USE TYPE RP Costs of impact Credit: Credits fn be Taken tog Ftrbare Taxes Pald (NM Total Potential Adjustment For J REAL EST VAL $1.573,200 Required (entered In Cur. Budget Cur. Budget Cap. Futuna CIPI Oper Cap Equip Expendftlebt S. Taxes. Other Tax Credits (Unadiustedl Revenue- Nel.Capital Net Cost Per I Cost Balance Facilities I mpact Dweflirtst Unit FIRE S RESCUE = 9 Capital FaciiWes cal sum only) j Fire and Rescue Department $5.412 $0 $0 $5412 $451 _ Elementary Schools Middle Schools $51,452 $30,256 $8.419 $40,857 $49.268 $35.236 590,853 $7,571 ! i Higli 56hoois $44.370 WAZ0 $4,151 54,151 $2,908 $15.452 $1,288 I Parks andRecrealion $3,202 S8913 $695 $849 SZ562 $213 Public Ubrary Sherffs Offices $1,895 $1,553 $0 $387 $A $1.940 $0 31,367 $506 $42 so 52,432 3203 Administration Building Outer Miscellaneous Facilities SZ.432 $3,103 $2,992 $3,304 $6,296 S4.501 $0 SO SUBTOTAL $160,554 S12,964 $44,171 $5,434 $82,559 $44,733 S115,822 $9,652 j Lo i LESS: NET FISCAL IMPACT $O $0 40 :$-[) 5115.822 $9,652 NET CAP. FACILITIES IMPACT I i INDEX: 111.0" If Gap. Equip Included 1.0 INDEX: "1.0" if Rev -Cast Bai, -0.V if Ratio to CO Avg: 0.0 Rev -Cost Bat = i 0.533 I PLANNING DEPT PREFERENCES 1.0 --1.0 - Ratio to CD Avg - - — 0.715 METHODOLOGY: -- 1. Capifai facinfies requirements are input to the first column as calculated in the model. � 2. Net Fiscal impact NPV trom operations calculations is input in row, total of second column (zsro If negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future open cap equip taxes paid in third Wumn as calculated in fiscal Imparts. 4. NPV of future capital expenditure faxes paid in fourth ool as caiculated in fiscal impacts. f 5- NPV of future taxes paid to bring current county up to standard fa new facll itles. as calculated for each now facl Ry- 6. Columns three through We ale added as potential credits against the calculated capital I t3cilittes requirements. These are acUusted for percent of costs covered by the revenues I from the project (actual, or as ratio to avg. fog all residential development). I MOTE- Proffer catoulst+ans do not ind ude Include interest because they are cash payments up front. Credits do include interest if the projects are debt financed - -- -- --- — -- ^- - -- _ -- - _ NOTES: Model Run Data 06J05104 SFCE I I project Dascriptron: Assumes f2 single family detached units on 3.03 acres zoned RP District I I j f Due to changing eonditlans associated vdih developmLrd in the County, the results of this i i 1 Output Module may not be valid beyond a period of 90 days from the model run date. ( I 3 OPEN SPACE I TM: 5,3A-((A))-6 VERNON B s FRANCES A. UNGER DD: 798. PG: 65 I ZONE RP USE: SINGLE-FAMILY I / I RESIDENTIAL I � _u-L gC-FE/v , �� tE PROPOSED \ 2 COMMUINITY 1 Q CENTER \ LOCATION PROPOSED SWM AREA TM: 53A•((7))-D-3 / I 4LMIRA L. KI446 \� If ZONE RP AuII TM: 53 ((A -3-E / / USE: SINGLE FAMILY/ // •� µ \ NA (TIES. RESIDENTIAL O3 lilt N9I'O 1 / If UBE: ANY 1 \ TM: 53-((A))-57E 'SUNNY SIDE PLAZA CIRCLE' H. IC BENHAM III 1 DAMES T. ANDERSON I 7 I 05: 113, FG: 34 ZONE: 57 ,n USE: COMMERCIAL I 4LHIRA L. KIPP9 I I I DB. bl. PG. 446 ` \ _ 1 ZONE RP I I USE SINGLE-FAMILY RESIDENTIAL I HARVEST COFFRNITIE9. ING. INST, '040019917 ZONE: 52 (�•__ USE ANT t34 AC I F TM: S3A-rr7n-p-5 \ UPPER CRUST LLC/ INe�' 03000969$ ZONE; 87 / USE: COMERCI L LOT AREA I RESIDENTIAL FOOT PRINT �— TM; 635-((4))•9 �1"L_°L36•((4))•8 STEVEN G. TER GERTTRUUDDiE.I PEDESTRIAN TRAIL DB BS3LPG: 451 I H. I ZONE: RP I CORDDRY USE: INST•: 91N3L E -FAMILY 030074056 PEDESTRIAN TRAIL EASEM N 9IDENTIAL ZONE: RP USE: SINGLE-FAMILY SIDENTIAL I I I 1 1 * ! I I BETTY LOU R. BEAN I \ I DB: ONE PG : 141 ZONE RP 'F I USE: 91NGLE•FAHILY RESIDENTIAL 1 TM: 53A-((7))-D-b BETTY LOU R. BEAN 1 DB: B�O7, PG: 141 L J ZONE RP USE: SINGLE-FAMILY 1 / RESIDENTIAL _ LJ � TM:53A-n1n-p-1 PETTY LOU R. BE DB: 5107, FG: 141 \ U ZONE: SINGLE -F -FAMILY ..� RESIDENTIAL 1 / J •,J I TIM 538-((4))-7OA N I ` TM: S35-((4))-1 NORTH FREDERICK REALTY JEREMY P. 1 DB: 171, PG: 147 / HOLLY L. BUCK INST•: 03002803 ZONE: RP I ZONE: RP USE: COMMON AREA FOR I CANTERBURY SOU ARE / S3A-((711• -9 ! Ti. S J PL CE ` USE: DM 51O5, 743 / 51NGLE•FAMILY RESIDENTIAL / ZONE. / USE: SINGL -FAMILY RESIDE%TIAL \�J / RE W W Z W " Q c s m o Z 2 ' A P W =L 2.1 r r E S E $ i, "I f"m OpY� ^ � U MARK D. SMITH v \ � No 077837 �2 )ONAL / Z F Oz <`-' �o w r O Q ¢ F V O N U L a U F 7 U3 IJ3 J W z z y ;o W 3 V J / \ J DATE: O5/24/04 JSCALE. N15 TOPOGRAPHY BY COUNTY Gt5 DESIGNED BY. SB11 BOUNDARY BY DEED COMPOSITE. UTILITY / LOCATIONS ARE APPROXIMATE. FILE N0. 4079 SHEET 1 OF 1 Deed to Property Verification of Taxes Paid File #4079/EAWajc 040019971 w THIS DEED made and dated this 16 day of 2004, by and between JAMES T. WI_L_�ON and JESSIE S. WIL50N, parties of the first part, hereinafter called the Grantors, and HARVEST COMMUNITIES, INC , a Virginia corporation, party of the second part, hereinafter called the Grantee. WITNESSETH; That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey with general warranty and English Covenants of title unto the Grantee, in fee simple absolute, all of the following described tract or parcel of land and appurtenances thereunto ibelonging: All that certain lot or parcel of land together with the improvements thereon and appurtenances thereunto belonging, fronting on the east side of Westminster -Canterbury Drive, formerly Frederick Mall Drive in Gainesboro Magisterial District, Frederick County, Virginia, and more particularly described as Lot E, containing 1.5946 acres, -more or less, on the plat of survey by Elliott Ritchie, Jr., L.S., recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 553 at Page 489; AND BEING a portion of the same land conveyed to James T. Wilson and Jessie S. Wilson, his wife, by Deed and Deed of Assumption dated December 10, 1992 from Page 1 of 2 Cp V. Frank DeHaven, et al, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 791 at Page 295. This conveyance is made subject to all easements, rights ofway and restrictions of record affecting the subject property. WITNESS the following signatures and seals. T. Wilson Jessie S. Wilson STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT c (SEAL) SEAL) I, 4t5 "am , a Notary Public in and for the State and jurisdiction aforesaid/do hereby certify that James T. Wilson and Jessie S. Wilson his Wife) whose names are signed to the foregoing DEED dated the 14� day of , 2004 has personally appeared before me and acknowledged the same in my S to and jurisdiction aforesaid. Given under my hand this A g day f 2004. My Commission expires -� N46MY PUBLIC VIRUINTA: FREDERICK COUNTY, SCT. " This instrument of writing was produced tomeon 2004-003L M= RE 1A UkRVESr coMMurnrrESOBEn • wilwn to Harvac wpd ,r am L,.._ at r • (.! . /Y%r and with wrtifiwte of acknowledgement thetet ;:im~ci w,t,, adTnitttCd to record. T imposed by Scc. 58.1-80Z of $ ISO 'OD, and 58.1-801 have been paid, if assessable Page 2 of Clerk C) c-n THIS DEED made and dated this AY day of 2004, by and between A's ENTERPRISES, INC., formerly A's Copier Sales and Service, Inc., a Virginia corporation, party ofthe first part, hereinafter called the Grantor, and HA Tc$T COMMUNITIES, INC., a Virginia corporation, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00 ) Dollars, cash in hand paid, and other good and valuable consideration, the receipt ofwhich is hereby acknowledged, the Grantor does hereby grant and convey with general warranty and English Covenants of title unto the Grantee, in fee simple absolute, together with all rights, rights -of -way, privileges and appurtenances thereunto belonging, all of the following described tract or parcel of land: All of that certain lot or parcel of land containing L5416 acres, more or less, fronting on the east side of Westminster -Canterbury Drive, formerly Frederick Mall Drive in Gainesboro Magisterial District, Frederick County, Virginia, and more particularly described as Lot F on the plat of survey prepared by Elliott Ritchie, Jr., L.S., recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 553 at Page 489; AND BEING the same property conveyed to A's Copier Sales and Service, Inc., a Virginia corporation, by Deed dated December 22, 1986 from Page 1 of 2 H. K. Benham, III, Trustee of Frederick Mall Land Trust, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 635 at Page 270. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signatures and seals. A's ENTERPRISE, INC. formerly A's Copier Sales and Service, Inc. By: JAvs,„ �l ar� (SEAL) ary Adams, President STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT vl& f t , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Gary Adams, Presiders f�nterprises, Inc., whose name is signed to the foregoing DEED dated the a `� day of +�lkyi.• , 2004 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this A 0 day of My Commission expires j&2- &- 0, 2004.0039Muc REI A VIARVEST COMMUMTIESWEED - AY Copra to iWvftt wpd ARY ok%1It1tl11//1f/ 2004. ������. ORy� �4" i VIRGINIA: FREDERICK COUNTY, SCP, '111i, instrument of writing was produced to me on L30-0t at ' and %ith ceriific,,te of acknowkAgement thereto at►ne- was admitted to record. T imposed by Svc. 58.1-802 Pane 2 of 2$ ., „,acid 58.1-801 have been paid, if .! a 4e,,,t - , Clerk a ME: runA r L-+-nM E -0n-n-4 z ruH..G\ - d • ;;UO • -<a 3 Lnmo z o (m on`n0ti a Ck7r n Ety ao ruzMan >tr mrt10 a�� m a;rH-mx r Mma-0 nHm L4 0r-H a C1-gz3H ;anD --I x H n za C3MM0M m n - a- M H � M L-� (4 ni =r m N t7 Ln ra n n M C3 < rri >- _n >w r -r Ln0Om c0 a a r0 ;:u c n zz mm F-I a-<m a M Cy --I m t70 � r rn r `nm :0 Q0 m V7 VI A a w x rU zr m ti nJ r C_ ;a 0 m 0 "r L7 r HQ0 H a(n 0 z n a n w -3 ru r ru c ., ro to Ln m t f m •. a -u w m m z a N ru -3 -f -n -c 0 Ln P. r a � Q z t7 °i 'J• n m c H (D O jE F z n -nDOA --� a ao m fD ;:u r a C H P. co -p M N3 3 3 -03 a -s V1 O n ct ct ro to I-- (D w (D (D 3 a < Ln \ 17 -]a) -0 3 w Ln ru t7 a (D I-j a n 0 O C] C r• (A ct I-•• (D C am act•c a. (n Are-rmty-3 a ur to uE n(D3(DD,N- n a a La c-t n I ct 3 FN• (D x # # 17 IA (D # • ct ct U3 (D # I7 d H Lrt Ln r0 n �Ull a, Ln C] Ln 0 ru ao n \ M m ru 0 0 0 Ln 0 -J C7 C7 -�r �r -JW-D(4WLn r 0 r \ \ -0MC3..0 -a -jaUlnruO -0 �]=(nOOL3 a o0 er e) a ruti� r L-i-nw m mn-n -I z ru -7 ry H a %D C3 H • • m -t v rma r Lnmo z o ma a. Ln v C3 ti a _n d o n I; a CD Ln z 0 m Z H rri x Dv rri-nz aim m aorM r<< rllz3.• + nHm H 0rH a m W H ZInD -•1 xHn z Ln :a m n r m D 7c ;D n ru n 'n .. D N Vl m R.! 3 frl Ha 3 Ln 3m ru nm --r x m Ln >. to 0 0 b -c W 02 r ;ucn c ti o ra zz rri -a C3 -a d -a rri < rm O-C b a 20 m Co -i a -n m C_ V1 D J D ti m W x n1 z y y m ru C- -A H N r C] 7-D H H H D Ul O z 3 n w ru -� n t3 -s ru r .. (D Ln m c Lo a .. a w m z D P ru r a o� cnm a A n o z a r tV n N v 3' a H ro O iE ►-+ a n -noon -� a a a0 M � o (D m Ln a C H H. CO -13 M \333 -a :3 a -i y 6^' n rt ct (D u] N (D -D _u (D (D 3 a < • b• \ -u 'I a m 3 f'- w ru t) Du m h- Di n o m M c P. U ct ". (D C O(D act•< O_ N Aty-3Zlr1-3 O' r n (D -3 (D a r- ru -a uF ut in in n •o a LO ct n -1 C't 3 r- (D 77 # Ul W (D # # ' ct ct (D 3 • CO )> C3 r Ln Ln Ln Ln W H r D- r M r- �, -1 n 02 D+ w ru M -0 00 H L-' -JItiWx nr 9 C7 r C] C3 r n- r C3 W\\ M m w 0 -.IC]rJ�J -.L - JC] -anruo ru r.cN7COC] L, a o 0 v e) Rezoning Plat File #4079/EAWaje • 0 • 11 ---, / lr-------Jl N-1, /� lazz) / / // I in 0 lu pCAN�N� in) qo AST,. • • • FREDERtCK C NUOC NNING & DEVEOI op � is 0 uj a, 7 0 -c u W FZONING LEGEND W .,rr^-••--- u RA RURAL AREAS DISTRICT Irtj i RP RESIDENTIAL PERFORMANCE DISTRICT R4 RESIDENTIAL PLANNED COMMUNITY R5 RESIDENTIAL RECREATIONAL COMMUNITY MH1 MOBILE HOME COMMUNITY DISTRICT Bi NEIGHBORHOOD BUSINESS DISTRICT 82 BUSINESS GENERAL DISTRICT 83 INDUSTRIAL TRANSITION DISTRICT Y MI LIGHT INDUSTRIAL DISTRICT M2 INDUSTRIAL GENERAL DISTRICT EM EXTRACTIVE MANUFACTURING DISTRICT HE HIGHER EDUCATION DISTRICT lyPs� I I =111 Sinn Cii Circle Pfazo MIN ff 0- Awl J, OF WINIONESTER wi cP� . 4kLTH of v 's - MARK 0 SMITH � No 022837 �OtVAL U) z 0� z a E O > � N x z ® z a z t/\ = U V W u z, z M @ U C � [Y W. m a F v t, N Z 0 W 3 DATE 06/13/04 SCALE V-600' DESIGNED BY SBM^ fllE NO .078 - SHEET I OF I �Ad d (i TM: 53-((A))-57E -SUNNY SIDE PLAZA CIRCLE' 4i. 1G BENNAM III 4 JAMES T. ANDERSON DD: 113, FIG, 34 ZONE: 52 USE: COrriERCIAL LEGEND OPEN SPACE LOT AREA RESIDENTIAL FOOT PRINT PEDESTRIAN TRAIL PEDESTRIAN TRAIL EASEM Q A - / TM. A3•((4))-3-DI U R CRUST LLC/ Wet03000*47 TM. 53A.((A))•6 D7 vERNON D FRANCES A. USE. CO1'RCIf1L WiER / ZONE RP USE: SINGLE-FAMILY I ' RESIDENTIAL I I � \ aQ PROPOSED COMMUNITY LOCA Q CENTER TION ,•� r r i`- 1' PROPOSED SNM AREA � • TM: 53A-((7)).0.3If )I /.. ""LL r -�•V O TM. 93 4 it- NE: RT / �•'�_ I USE 5I-FAYIILY ! tRE ZSSIDEDENTIALWAI (/ / USE' I ANT TM: 53A.((7))-D-4 I� 1 PGs FPPS DD 46 \ Teti r mt ZONE: RP r USE: SINGLE-FAMILY `) RESIDENTIAL t _ `'_- Tril HARVEST CoMMNITIE9, INC. INST. '040019917 ZONE: B7 USE VACANT \ J I TM: 53A-((7)1-D-S L ��J I TM: 53D• 9TEVENG �trp��y}9D.((A 8 ))L� BUTLER __(M).)•9 _ — DD: 153. PCi: 451 r GERTRUDE H. ZONE: RP 1 CORDDRY USE: INST': r SINGLE-FAMILY 0300740S6 \RESIDENT- UAL ZONE: Rl° I �`---_ USE: �-_ SNGLE-FAHILY SIDENTIAL JEREMY P. I r HOLLY L.BUCK NST^. 030078103 ZONE: RP USE SINGLE -FAMILY RESIDENTIAL . 1 BETTY LOU R DEAN DD: BI El. PG:141 \ ' USE: SR4GLE•FAMILY RESIDENTIAL 53A-((7))•0-6 BETTY LOU R. BEAN J J DB: 5 07. PG: 141 1 i __., USE: SNGLE-FAMILY f RESIDENTIAL •� l tt'1!j TM: 53A-((7))-D-1 BETTY LOU R. BEAN 1� DD: 1507. PG: 141 ZONE: RP U : SINGLE-FAMILY RESIDENTIAL 1 TM. 53B-((4))-70A NORTH FRE'ERICK REALTY r / 05 171. PG: 147 ZONE RP N \v! USE. CoMMCN AREA FOR /,,-''"{{': 53A-((v)- 9 \ CANTERBURY SMARE I=1 J. PL4LCE DD:. ry�Gp-� 743 / ZONE I r USE: 91NGL7d-FAMILY / TDPOGRAPHY BY COUNTY GIS f ` RESIDENTIAL / (/ BOUNDARY BY DEED COMPOSITE. UTILITY 1 / ` LOCATIONS ARE APPROXIMATE Z O MARK D SMTH No. 022837 H Z 0z a o [W,] u a F Z U � OU CC a s m 1 a a Hwz`` z z 3 DATE 05/24/04 SCALE: WM DESIGNED BY SBM FILE NO. 4079 SHEET I OF 1 3 • 0 TM: 53 -((A))-5?E 'SUNNY SIDE PLAZA CIRCLE' W. IC BENWAM III 4 JAMES T. ANDERSON DB: 113, PG: 34 ZONE: 52 USE: COMMERCIAL LEGEND 1-1 OPEN SPACE LOT AREA RESIDENTIAL FOOT PRINT F-IU PEDESTRIAN TRAIL PEDESTRIAN TRAIL EASEM TM: 3-((4))-3-DI UppER CRUST LL(:: '•: 0300056 S!qTM: 53A•((A))-6 USE: CRG1pl vE RNON B 4 FRANGE9 A. UNDER 1 DD: M. FG: 65 ZONE RP USE: SINGLE-FAMILY RESIDENTIAL 1 GERTRUDE W. I CORODRY INST- m3mm?4m56 ZONE: RP TI't: 538-((4))-1 ' JEREMY P A HOLLY L.BUCK Nem m3mm2003 ZONE: RP USE: SNGLE -FAMILY RESIDENTIAL I C J > I I 1 I TM: 53A-((?))-D•3 ALMIRA L. KIPPS / DB: 61. PG: 446 ZONE: RP USE. 6NGLE-FAMILY RESIDENTIAL (/ TM: S3A-((2))-D-4 ALMIRA. L. KIP" \ OD:61.PG 446 ZONE: W USE, SNGLE-FAMILY RESIDENTIAL �' \ I I M: Y LOU . BEAN I PETTY LOU R. BEAN 05: 5102 FKa 141 ZONE. rp r j 1 I USE: 6NGLE-FAMILY RESIDENTIAL I � I TM: 53A-((2))-D-6 1 BETTY LOU IQ. BEAN 05. BIm2. PG: 141 L I ZONE: RP USE: SNGLE-FAMILY I RESIDENTIAL 1 M: 53A4(2))-D-1 I BETTY LOU R. BEAN PG: 141 ��--� ZONE: RP SINGLE•FAMILY RESIDENTIAL I M: 535-((4))-20A NORTW FREDERICK REALTY 6 I / DB: 121. PG: 142 ZONE. RP AREA FOR /� 53A-[!2)1-Q-S USE: N CANTERWTERSURY SQUARE ( TNCMAS I I D5:51m5. ?43 2GNE: USE :RESIDE TISING E%;FAMILT I _ AL / J a � Z x 1 R X W W Z a 7i Z r' $0 Le u 51 0 = 2 s x � Its a5 fiC z 0 MARK 0 SMITH 40.022837 Z f 0 U a a a r p x C) Q. mco In 5 a z z u O a a v 2 a m�¢it H W Z z F W (n 3 \V( / DATE 05/24/04 / \ / I / C TOPOCRAPHY BY COUNTY GIS BOUNDARY BY DEED COMPOSITE UTILITY ARE LOCATIONS ARE APPRO%IMATEIYAIE SCALE NTS DESIGNED BY SBM FILE NO 4079 SHEET 1 OF 1 Rezoning Plat Tile IW079/EAWajc 77 I :2 •T2N• /H.70' 1L.)J' IAY.U• ... .r. loos 2 f°I 3'2Y• JSS.! 7/2.67• Irl .Ga• 7/7. )>' SII -'� r l 72°rr• 1 �0' �_ S I I E I o 1 `to' w I I I l YIC�Gf If MAP • � Icele:fts2000� � e,� ,I° ri• 1`+ ►Ro►QSEO ��/ ti. sllo►►INo �ENT[I ° QV6 4 _ 12.sIs ACKS h0►OS(D 4, wLn-rwlu 1•6300 ACIES As134.00• ,•a I A. a I. �7S•y MALLI , •, fire 0 mIG 'S6 t r 'f ire M7e 4 — - t tK.li' 139.137 --N-CF---C_1�613'rI 1� vi - .109.3 M0� �In l0T► ♦ tl L07 1 i aLOT 1 LOT 1. s . �,1 "I.wu Ac. w 1y1.2001 Ac. a1,S101 AC. r 76 . , 1, Staf :r i•i° S..er T rz � i 0,t I .� 180.00. { Iio.00' 1Yp yp St. I i • -- ---- • I/G .00. 10• UtllitY Ea/wml S II° U, rt• Y- 20' Ulllllr E°wsns e• 4eper e' S-w e► l(6[MI fr►r �•-M°te► lime SM/—iemltery Memllel, PLAT Note' C+efi w ►1G/ FR[DGIICK MAIL LI /AINESIDfo SIS f1EDrNICE COUNTY, 1 3CALEII•=200' i[I alrewlE IURVII I1E►11tN1 CITY, VI rl/Slti�/yue/l�lwt(D�yrM��CK 0l?uwm. for. Or 1 �MKIr1A ll1tOCI1/CK OCJUMI•, fCR, TA/ ft-W..M W • 1 M.�p�e1Me� erllrl� W • M r°u11. 1A7lE DRIVE ROU `- O.U63 Ac. �I,.vl� for rr1Y'r.i Ot O 1' Itf.tl )J2.`) S1 i J.IA r �p1 •S')0'[ /). � 110.00' u •��.� Nl LOT 2 III) S7'Ua ;psy� l♦=� .` .�'` �'0.6�� Acp r `2 fit�. 0• Utility Ea=emmt *, _`, " �_.► ', I t 1 1 ID. p.a•gi 1 tit. 1 E►ra+^ 1 PROPOSED SMN _ r -7 ! 7 „ SNO►PING CENTER t x LOT A S 12.51)S ACRES r' �t0./:50 k . FMq 07 ti .FAN tt' ' = « LOt 1 DACRE>{. � �° ye 1,0e5i Ac, Flry NYI.ry � S LOT C �.. _.•,' ; ., .' ;.�• W7}y MALL L/ 7231 At, a e ' 'rife l!yy�� ORI yE A� ]�59.(I0,Me -' as. ` ` yy I A=101.3 tl Of 0-1 � _ A.n6.36' A11.7 : • a l N LOT E :� nN971k yo LOt D pp LOT 1 Sw LOT F I --- ___ +p.00'-__ c N' Sow. Tap t Ip1.3665 Ac. 'I r Ie _ L S II 31' IS' r - 161.5a' %- 0°12'IS-E-0.17' .2006 Ai. al,]101 AC.' n I ~ Z 0' Dre,nagt EaYeecnt A N _ • N I r AII,rIr Ta o' i� 10 .'� Utility Ea{erent 1 OW I40. 00 I -9ftr►1 I � fZ.00' ' w _ w N' 11 I,YR7.50' F '20' Utllilr EtteN. t +• j�"0f r 6LY1 OYt It LAT FREDERICK MALL LAND TRUEST 11 Elliott Ilikh t j. GAINESIORO DISTRICT FREDERICK COUNTY, VIRGINIA UCFNbE No t% "may �;^f ;•. ':_ %CAtE:1 "=200fE►TEMOE4 10, 1002 tlr) l RI rcM1E SUtYEYi 7TE►MEM3 CITY, Y1061NIA Sti, V cS.•Zv�' X K O0VM . OOP. .- • .. Tnitmv waa I+Y.Aun/ 11 uM UI M1t alM MYI taArola r t -10 ai vwjd Was. . Ip etc" . I INI0N.11 FRCDCIIIGL CIOtIMti, lrJF. . � N,t.n.lr.awl r relRyr waa Nrdrad r .r .1 •n �_ d11r r r u � 19.� earl foaAa r aurwls tea ,.IDrIN.+r«.a Irr a4K+o0 r e • • o CD�'L � Qw . C MYRICK w t Department of Planning and Development 540/665-5651 iPG��NFAX: 540/ 665-6395 November 19, 2004 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Preliminary Comments — Westbury Commons Rezoning Proposal Dear Evan: This correspondence is intended to identify issues of concern regarding the preliminary application materials for the Westbury Commons rezoning proposal. The preliminary application package, as submitted on November 4, 2004, consists of the following principal components: (1) Capital Facilities Output Model, (2) Rezoning Application Form, (3) Impact Analysis Statement, revised on November 1, 2004 (4) a revised Proposed Proffer Statement dated November 1, 2004; and (5) Generalized Development Plan (GDP) dated May 24, 2004. It is anticipated that these issues will be fully addressed through revisions to the application prior to its consideration by the Planning Commission and Board of Supervisors. The following comments are offered for your records: Impact Statement Recreational Amenities The housing type being proposed with this application is single family small lot. Developments containing this housing type are required to provide one recreational unit for each 30 dwellings, in addition to a community center that provides the equivalent of three age -appropriate recreational units for each 30 dwellings. The community center and recreational units provided for this development must meet the required monetary value. Please note that the requirement of a community center is not a recent interpretation, it is consistent with the original creation of the language of the ordinance and the County's position on the requirement. On a past occasion, this ordinance was not applied correctly; however; this situation will not be repeated, as the intent of the ordinance is clear. For the purpose of clarifying what would constitute a community center, the following is offered: the intent of the community center was to provide a facility consistent with those provided in other age -restricted communities (i.e., Cross Creek Village, Autumn Glen). We interpret a community center to be a building to be used for a place of meeting, recreation or social activity and not operated for profit. It is a non-commercial use established primarily 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 A 0 0 Mr. Evan Wyatt, Greenway Engineering RE: Westbury Commons November 19, 2004 Page 2 for the benefit and service of the population of the community in which it is located. Therefore, it is necessary. Please demonstrate how the intent of the community center is being met in your rezoning package. The impact statement for this proposed rezoning asks for the Planning Commission, in conjunction with the Department of Parks and Recreations, to "consider a design and amount of facilities proportional and appropriate to eleven age -restricted homes". It is clear in the Zoning Ordinance that developments containing single family small lot housing types are required to provide a community center, regardless of the nrunber of dwelling units within the proposal. The Zoning Ordinance does not provide for a waiver of this requirement and therefore, it is inappropriate to propose an alternative in recreational facilities. As previously suggested by the Planning Department, if you feel that clarification of an ordinance amendment is warranted, it would be appropriate to work with the DRRS to evaluate this request. Transportation Under the transportation section of the impact analysis, it states that "The private road is to be contained within an access easement, with all individual lots having frontage on the access easements". On the GDP the lot closest to the proposed storm water management area does not appear to have direct access to the private street. Monetary Contributions Provide a narrative about the impacts that this development would create on the cornrnruuty. The narrative provided only discusses the impacts being imposed on Fire and Rescue. Please include the impacts on Parks and Recreation, Public Library, Sheriffs Office and County Administration. This project is proposing to proffer $1,000 per dwelling to Fire and Rescue. Based on the CIP modeling exercise, there are impacts being imposed on other county facilities that have not been mitigated. Proffer Statement Generalized Development Plan The buffers being proffered should be shown on the proffered GDP. Mr. Evan Wyatt, Greemvay Engineering RE: Westbury Connnons November 19, 2004 Page 3 Recreational Amenities Under the recreational amenities section of the proffer statement, it is implied that at a minimum, a roofed structure and/or park hardscape feature is going to be included in the project. Please note that it is not appropriate to proffer items that are already required by the Frederick County Zoning Ordinance. A community center is required whenever a development contains the single family small lot housing type. Also, the number of benches that will be provided, along with the type of lighting proposed, should be included in the proffer statement. On the GDP, the trail is connected to the private road. Please include language in the proffer that guarantees that the trail will. be connected to the road. This application will be complete once the above issues are satisfactorily addressed, a review fee is submitted and all reviewing agency comments provided. Reviewing agencies include the following: Frederick County Fire Marshal and the local fire company, Frederick County Inspections, Frederick County Public i47orks, Frederick County Parks & Recreation, Frederick County Sanitation Authority, Frederick County Seri,ice Authority, Frederick County HRAB, Virginia Department of Transportation, and the Frederick County Attorneys Office. Please feel free to contact me should you have any questions or concerns regarding this correspondence. Sincerely, Candice E. Mills Planner II CEM/bad cc: Harvest Communities, Inc., Attn: Stuart Butler, 147 Creekside Lane, Winchester, VA 22602 A P R 1 i 2005 l 1 2005 i ,a. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 April 8, 2005 Mr. Stuart E. Butler, President Harvest Companies 147 Creekside Lane Winchester, VA 22602 Ref: Westbury Commons Subdivision Dear Mr. Butler: JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 In accordance with your request dated March 31, 2005 you are given permission to install a temporary construction entrance at the referenced location. This letter is to be considered your permit to do so. The following provisions will be required: • Work area protection signage is to be in accordance with the current Work Area Protection Manual while working on the right-of-way. • All work on the right-of-way is to be confined to the temporary entrance location only. A land use permit will need to be applied for and issued prior to any additional work on the right-of-way. This permit requires a fee and surety bond coverage. • A minimum 6" depth of VDOT #1 (2-3 inch stone) at a minimum width of 12' is to be placed from the edge of pavement and extended a minimum of 70' with a filter fabric underliner. • All materials spilled, dropped, washed or tracked from vehicles onto the roadway or into storm drains must be removed immediately. • Positive drainage is to be maintained within the right-of-way at all times. • A wash rack will be required. • A minimum of 30'x 15" temporary culvert will be required. • Any disturbed areas of the right-of-way or damages to the pavement structure adjacent to this entrance will be repaired by you to our satisfaction. • This permit is being issued for 180 days. Within this time frame, a land use permit shall be applied for at our office. • All work is to be completed in accordance with the enclosed Virginia Erosion & Sediment Control Handbook, Specification 3.02. • The entrance is to be installed at the location shown on the site plan prepared by Greenway Engineering dated February 24, 2005. The Department of Transportation will not be held liable for suit should such result from this operation nor is it granting permission to grade on the property of others or disturb underground utility lines. If the above listed items are not followed this permit may be revoked. Should you have any questions, please let me know. Sincere Philip A. Bak 7,Hwy. Permits & Subd. Specialist Sr. Attachments Copy: Mr. Robert Hawkins, Winchester Area Headgy�gf, ark Cheran WE KEEP VIRGINIA MOVING FROM HARUEST'COMPANIES FAX NO. : 540 G78 1462 Mar. 31 2005 03:31PM P2 Mr. Philip Baker VDOT 1431 Old Valley Pike Edinburg, Va. 22824 Re: 'Westbury Commons Subdivision IN estminister-Canterbury Dr., Frederick County, Va. Dear 3wr. Baker-, We are requesting a temporary construction entrance for the above referenced property. The entrance will be installed per the Greenway Engineering plan dated 2/24/05_ This is the plate that X left with you earlier today. We own the property in the name of Harvest Communities, .Inc. Work to clear and grade the site should begin with the next three weeks. Please: let me know if you need any additional infonnation to process our pi,rmit. Sinc ; Stuari; E. B utler President 147 C:reekside Lane, Winchester, Virginia 22602 Telephone/Facsim.i.le: (540) 678-1.462 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING January 26, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #13-04 FOR WESTBURY COMMONS On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, February 9, 2005, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #13-04 of Westbury Commons, submitted by Greenway Engineering, to rezone 3.13 acres from B2 (Business General) District to RP (Residential Performance) District. This property fronts on the east side of Westminster -Canterbury Drive (Route 1318), approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522), in the Stonewall Magisterial District, and is identified by Property Identification Numbers (PINS) 53-4-3-E and 53-4-3-F. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit uS on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner II CEP/bad 107 North Dent Street, Suite 202 . Winchester, Virginia 22601-5000 This is to certify tlBiat he attached correspondence was mailed to the following on B '� f from the Department of Planning and Development, Frederick County, Virginia: 53 -4- 3- F- HARVEST COMMUNITIES, INC 147 CREEKSIDE LN WINCHESTER, VA 22602.2446 4)wl)�4 Mr. Mark D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Vpz-I- 53 -4-3- 0-1 UPPER CRUST, LLC 112A BRUCE DR WINCHESTER, VA 22601.4213 53 - A- - 52-E BENHAM, H K III & JAMES T. ANDERSON TRUSTEES PO BOX 368 WINCHESTER, VA 22604.0368 53A - A- - 6- UNGER, VERNON B & FRANCES A 5179 BARLEY DR STEPHENS CITY, VA 22655.2606 53A - 2- D- 3- KIPPS, ALMIRA L 106 HICKORY LN WINCHESTER, VA 22603.4217 STATE OF VIRGINIA COUNTY OF FREDERICK 53A - 2- D- 5- BEAN, BETTY LOU REEVES 112 HICKORY LN WINCHESTER, VA 22603.4217 53A - 2- D- 8- PLACE, THOMAS J 116 HICKORY LN WINCHESTER, VA 22603.4217 53B - 4- - 7- BUCK, JEREMY P & HOLLY L 105 RUGBY PL WINCHESTER, VA 22603.4231 53B - 4- - 8- CORDDRY, EDWARD H & GERTRUDE H 103 RUGBY PL WINCHESTER, VA 22603.4231 53B - 4- - 9. BUTLER, STEPHEN G PO BOX 2097 WINCHESTER, VA 22604.1297 Candice E. Perkins, Planner II Frederick County Planning Dept. I, A4,G , a Notary Public in and for the State and County aforesaid, do ereby certify that C dice E. Perkins, Planner II for the Department of Planning and Development, whose name is signed to the foregoing, dated / K— , has personally appeared before me and acknowledgedAe same in my St to an County aforesaid. Given under my hand this day of My commission expires on 53B - 4- - 20-A NORTH FREDERICK REALTY PO BOX 2800 WINCHESTER, VA 22604.2000 530 -2- - 94-A TUDOR SQUARE HOMEOWNERS ASSOC. PO BOX 336 WINCHESTER, VA. 22604.0336 '�-b0 00 NOTARY PU - IC COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING January 5, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #13-04 FOR WESTBURY COMMONS On behalf of the Frederick County Planning Commission, you are hereby notified of a public bearing being held on Wednesday, January 19, 2005, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #13-04 of Westbury Commons, submitted by Greenway Engineering, to rezone 3.13 acres from B2 (Business General) District to RP (Residential Performance) District. This property fronts on the east side of Westminster -Canterbury Drive (Route 1318), approximately 1,000 feet south of the intersection of North Frederick Pike (Route 522), in the Stonewall Magisterial District, and is identified by Property Identification Numbers (PINs) 53-4-3-E and 53-4-3-F. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner I1 CEP/bad 107 North Dent 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 Plaiming and Development, Frederick County, Virg nia: 53 - 4- 3- F- HARVEST COMMUNITIES, INC 147 CREEKSIDE LN WINCHESTER, VA 22602.2446 Mr. Mark D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 53 -4- 3- D-1 UPPER CRUST, LLC 112A BRUCE DR WINCHESTER, VA 22601.4213 53 - A- - 52-E BENHAM, H K III & JAMES T. ANDERSON TRUSTEES PO BOX 368 WINCHESTER, VA 22604.0368 53A - A- - 6. UNGER, VERN()N B & FRANCES A 5179 BARLEY DR STEPHENS C' rY, VA 22655.2606 53A - 2- D- 5- BEAN, BETTY LOU REEVES 112 HICKORY LN WINCHESTER, VA 22603.4217 53A - 2- D- 8- PLACE, THOMAS J 116 HICKORY LN WINCHESTER, VA 22.603.4217 53B - 4- - 7- BUCK, JEREMY P & HOLLY L 105 RUGBY PL WINCHESTER, VA 22603.4231 53B - 4- - 8- CORDDRY, EDWARD H & GERTRUDE H 103 RUGBY PL WINCHESTER, VA 22603.4231 53B - 4- - 9. BUTLER, STEPHEN G PO BOX 2097 WINCHESTER, VA 22604.1297 53A - 2- D- 3- KIPPS, ALMIRA L , 106 HICKORY LN WINCHESTER, VA 22603.4217 Candice E. Perkins, Planner II Frederick County Plarming Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, a Notary Public in and for the State and County aforesaid, do l #eby certi y that Candi It Perkins, Planner II for the D part Went of Planning and Development, whose name is signed to the foregoing, dated I ?) ,f- , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this ��a day of b0 My commission expires on o�©� U� v 53B - 4- - 20-A NORTH FREDERICK REALTY PO BOX 2800 WINCHESTER, VA 22604.2000 NOTARY UBLIC 53D - 2- - 94-A TUDOR SQUARE HOMEOWNERS ASSOC. PO BOX 336 WINCHESTER, VA. 22604.0336 F2_ v /u I ,tj 2'� ru: barioara - lima rrocessing _ FROM: Bev - Planning Dept. I � y �O Ni N2 S • Please print sets of labels by: THANKS!!! Adjoining Property Ow.iers 53- 3 -C--) — M 53 -y- 3 -� Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side' or rear or any property directly across: a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Upper Crust, LLC I I2A Bruce Drive Winchester, VA 22601 Property #-51-4-Ml 93- -4 - 3 Name James T. &Jessie S. Wilson 1200 Fairfax Street Stephens City, VA 22655 Property #-53'��€-- s 3 _t — 3 � E Name A's Copier Sales & c/o Gary L. Adams 249 Glenridge Drive Winchester, VA 22602 Property #F -- 5 3- Na H�Qy K. e ham 21 uth Lo W.c ster A U26 53 -- 2C ��r pert Name H.K. Benham III & James T. Anderson PO Box 368 Winchester, VA 22604 Property # 53-A-52E Name Vernon B. & Frances A. Unger 5179 Barley Drive Stephens City, VA 22655 Property # 53A-A-6 Name Almira L. Kipps 106 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-3 Name Almira L. Kipps 106 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-4 Name Betty Lou Reeves Bean 112 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-5 c"s� RM Name and Property Identification Number Address Name. $etty,Lopeeves.Bean. — " 112 Hickory Lane ::. • . ,t :,, ,,, I Winchester, VA 2'603 Property # 53A-2-D-6 Name Betty Lou Reeves Bean 112 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-7 r Name Thomas J. Place 116 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-8 Name Thomas J. Place 116 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-9 / Name Jeremy P. & Holly L. Buck 105 Rugby Place Winchester, VA 22603 -Property # 53B-4-7 Name Edward H. & Gertrude H. Corddry g 103 Ruby Place Winchester, VA 22603 Property # 53B-4-8 Name Stephen G. Butler PO Box 2097 Winchester, VA 22604 Property # 53B-4-9 Name North Frederick Realty -��'� S�u�'L� PO Box 2800 Winchester, VA 22604 Property # 53B-4-20A / Fw Adjoining Property Om, hers 63 - -3 -L-) 163 - q - 3 -f:::,- •ru: uaroara - vaaa rrocessmg FROM: Bev - Planning Dept 7777&i� ts of labels by: 19 MRS111 Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property aliutting the requested ptdp'erty orf the side or rear: or, -any property dir l!t ,.- aeross: a;public !- right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. VI i% v M Name and Property Identification Number Address Name Upper Crust, LLC' 112A Bruce Drive Winchester, VA 22601 Property #�s�_a_�ni �3- 14 - 3 - 16 1 Name James T. &Jessie S. Wilson 1200 Fairfax Street Stephens City, VA 22655 Property #-53--4=3-E— J� 3 ' t — 3 , E Name A's Copier Sales & c/o Gary L. Adams 249 Glenridge Drive Winchester, VA 22602 Property # 51--*---3-F--- 53 - y - 3 - F Na H K. e ham 21 uth Lo un Str W' c ester, A 26 1 \\,\,/ yr pert 53- - 2C Z---J Name H.K. Benham III & James T. Anderson PO Box 368 Winchester, VA 22604 Property # 53-A-52E Name Vernon B. & Frances A. Unger 5179 Barley Drive Stephens City, VA 22655 Property # 53A-A-6 Name Almira L. Kipps 106 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-3 Name Almira L. Kipps 106 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-4 Name Betty Lou Reeves Bean 112 Hickory Lane Winchester, VA 22603 '17Property # 53A-2-D-5 0 Name and Property Identification Number Address Name. Betty. Lou.�eeves.Bean, 112 Hickory Lane ; Winchester, VA 2'603 Property # 53A-2-D-6 Name Betty Lou Reeves Bean 112 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-7 Name Thomas J. Place 116 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-8 Name Thomas J. Place 116 Hickory Lane Winchester, VA 22603 Property # 53A-2-D-9 Name Jeremy P. & Holly L. Buck 105 Rugby Place Winchester, VA 22603 -Property # 53B-4-7 Name Edward H. & Gertrude H. Corddry 103 Rugby Place Winchester, VA 22603 Property # 53B-4-8 Name Stephen G. Butler PO Box 2097 Winchester, VA 22604 Property # 53B-4-9 Name North Frederick Realty -Con4erbo t Stu - PO Box 2800 Winchester, VA 22604 Property # 53B-4-20A H ON 0 0 1�wl /' N DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA w E GIS, MAPPING, GRAPHICS WORK REQUEST s / DATE RECEIVED: REQUESTED COMPLETION DATE: d 5 REQUESTING AGENT: Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional i G-oe-ri Tio,u P.L Iu.:s .i-3 - -� DIGITAL: SIZES: COLOR: s� -N -Pr PAPER: BLACKJWHITE: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: y c©t44 rkotiS FAX: - - ---- ---- ---- NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)