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Home My WebLink About004-06 Orrick Cemetery - 55.67 Acres RP to B2 - Red Bud - Backfileto No. 2 7,01 RECEIVED FROM ��_ ADDRESS ��Y 0 REZONING TRACKING SET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List !' Application received/file opened Fee & Sign Deposit ` Deed 4 Plat/Survey Taxes Paid Statement Impact Model Run Reference manual updated/number assigned D-base updated Copy of adj oiner list given to staff member for verification Four sets of aadjoiner labels ordered from data processing location map ordered from Mapping •U P ��( File given to office manager to update Application Action Summary /WA,-t— 53�oG— qkPC public hearing date ACTION: a 0 BOS public hearing date ACTION: AN resolution-for-amendmentof-ordinance, with conditions proffered - [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) Action letter mailed to applicant Reference manual and D-base updated File given to office manager to update Application Action Summary (final action) File given to Mapping/GIS to update zoning map Zoning map amended ��5 -r D -+: I0 95 U.\CarohCommonUracking. ru Revised 05/09/02 June 29, 2006 Mr. Patrick R. Sowers Patton Harris Rust & Associates, PC 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 5401665-6395 O III C04 f RE: REZONING #04-06, ORRICK CEMETERY, INC. Dear Patrick: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of June 28, 2006. The above -referenced application was approved to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for Mixed Use — Commercial and Residential (all age -restricted). The subject property is located on the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, and is identified with Property Identification Number 55-A-201 in the Red Bud Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Susan K. Eddy Senior Planner SKE/bad Attachment cc: Orrick Cemetery, Inc., 501 S. Braddock St., Winchester, VA 22601 Philip A. Lemieux, Red Bud Magisterial District Supervisor Gregory S. Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 � � t REZONING APPLICATION 904-06 ORRICK CEMETERY, INC. Staff Report for the Board of Supervisors Prepared: June 19, 2006 Staff Contact: Susan K. Eddy, Senior Planner 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: April 5, 2006 Not heard May 3, 2006 Recommended Approval Board of Supervisors: May 24, 2006 Postponed for up to 60 days June 28, 2006 Pending PROPOSAL: To rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) District with proffers. LOCATION: The property is located on the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-201 PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential and vacant RA (Rural Areas) Fire station and church South: RP (Residential Performance) Use: Residential RA (Rural Areas) Country store and residential East: RP (Residential Performance) Use: Residential RA (Rural Areas) Residential West: RP (Residential Performance) Use: Residential B2 (Business General) Retail 0 0 Rezoning #04-06 — Orrick Cemetery, Inc. June 19, 2006 Page 2 PROPOSED USES: Mixed Use — Commercial and Residential (all age -restricted) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 656 and 657. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Orrick Commons rezoning application signed December 2005 addresses transportation concerns associated with this request. While the proposed proffers appear acceptable, VDOT offers the following comments: 6.1— acceptable; 6.2 — acceptable; 6-3 — acceptable; 6.4 — acceptable; 6.5 — initially acceptable, but VDOT reserves the right to require additional dedications upon review of the site plan/entrance design. It should be noted that if 250' of separation from the proposed Greenwood entrance and Greenpark Drive cannot be achieved, the developer may be required to align the Greenwood entrance with Greenpark Drive. This would also require the developer to enter into a signalization agreement with VDOT. 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: Maintain access during all phases of construction. Municipal water supply for firefighting must be available as soon as combustible materials arrive on site. Plan approval recommended. Public Works Department: 1. Refer to page 3 of 6, C. Site Suitability: Include a discussion of the existing power line right-of-way and the impact on the proposed road network and related utility development. Provide a detailed wetlands delineation with the master development plan (MDP) submittal. A copy of the MDP should be submitted to the Corps of Engineers for their review and comment. Refer to page 5 of 6, D. Transportation: The discussion references the requirement for a right turn lane on westbound Senseny Road for vehicles turning north onto Greenwood Road. Considering this location is outside of the proposed rezoning boundaries, indicate if sufficient right-of- way is available at this location. Refer to page 6 of 6, F. Site Drainage: Indicate what types of low impact development techniques will be employed within the proposed development. Also, delineate how much of the existing vegetation will be preserved as riparian buffers. All permanent storm water management facilities shall be highlighted in the MDP. Refer to page 6 of 6, G. Solid Waste Facilities: This discussion indicates that the homeowners' association (HOA) will be responsible for trash collection within the residential portion of the project. However, the proffer statement, paragraph 3.2 indicates, "if they decide to use a commercial collection company". This latter portion of item iii should be removed from the proffer statement, thereby making this a definite requirement of the HOA. Refer to page 3 of 7, proffer statement, paragraph 5.1: We applaud the use of BMP facilities. However, the maintenance of these facilities shall be included in the responsibilities of the HOA or commercial 0 • Rezoning #04-06 — Orrick Cemetery, Inc. June 19, 2006 Page 3 property owners. Refer to page 10 of the Traffic Impact Analysis by Patton Harris Rust & Associates: Revise the data in Table II to reflect the actual commercial development of 158,000 square feet, proposed in the Introduction paragraph (page 1 of 6) of the impact analysis. Staff Note: The issue of maintenance of BMP facilities has not been addressed by the applicant. Frederick County Inspections: No comment at this time. Shall comment at the time of site plan and subdivision lot review. Frederick -Winchester Service Authority: No comment. Sanitation Authority: I concur with the water & sewer comments made in the application package. Frederick -Winchester Health Department: No objection if water and sewer are to be provided. Department of Parks & Recreation: The proposed plan appears to provide a monetary proffer consistent with the county model for this housing type. The developer has also indicated that a public recreational park, including playground equipment equivalent to monetary value of the required recreational units, will be located within the 3.5 acres of open space provided. Plan also shows a bike trail, meeting Frederick County Parks and Recreation Department standards, along Senseny Road and Greenwood Road which is to be maintained by the development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 175 single family and multi family units will have no impact on the school division upon build -out due to the units being age restricted. Winchester Regional Airport: While the proposed development lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan should not impact operations at the Winchester Regional Airport. Frederick County Attorney: Please see attached letter dated May 3, 2006from Robert T. Mitchell, Jr., Esquire. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmark Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It is also noted that the National Parks Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that his proposed rezoning would directly impact. PlanninIZ Department: Please see attached letter dated January 26, 2006from Susan K. Eddy, Senior Planner. 0 • Rezoning #04-06 — Orrick Cemetery, Inc. June 19, 2006 Page 4 Planninj & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies this property as being zoned A-2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. I-]] Land Use The site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The site is not within the limits of any small area plans in the Comprehensive Policy Plan. The land use plan identifies the entire Senseny Road corridor for residential uses. However, the Plan (6-72) does call for neighborhood business uses in the vicinity of residential areas. Given this key intersection of Senseny Road and Greenwood Road, and the existing 132 zoned properties at this intersection, developing the western portion of the Orrick property for neighborhood commercial development and the eastern portion for residential, if done in a compatible manner, could be consistent with the Comprehensive Policy Plan. The multi -family housing, in the center of the site, as proffered on the Generalized Development Plan, provides a transition between the retail portion of the site and the single family portion of the site. Siting elderly housing adjacent to retail/office uses is desirable, and with the safeguards called for in the Comprehensive Plan when multi -family units are adjacent to single family units, the mix of uses could be consistent with the Comprehensive Plan. While Senseny Road is not specifically a business corridor, the business design standards in the Comprehensive Plan are relevant to this application. The Plan calls for landscaping along the roadway, screening adjoining uses, and controlling the size, number and location of signs. Staff Note: The on -going Urban Development Area (UDA) Study has preliminarily designated this area for a neighborhood center. Before this could happen, community input would be 9 • Rezoning #04-06 — Orrick Cemetery, Inc. June 19, 2006 Page 5 sought, and policies and standards would need to be adopted. As these steps have not taken place, the general policies in the existing Comprehensive Plan, which call for high quality design and compatibility between uses and housing types would need to be followed. Given the lack of details concerning the residential portion of the site, the county will need to be confident that the multi family housing will be compatible with the existing single-family housing and that the commercial uses will be complementary with residential uses. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road and Greenwood Road as improved major collectors. This translates to a four -lane divided boulevard section, such as is being implemented with Warrior Drive. The idealized intersection design in the Comprehensive Plan (6-15) illustrates appropriate features including raised medians with landscaping, landscaping along the edge of the right-of-way, and sidewalks. The Frederick County Bicycle Plan designates Senseny Road as a short-term designated route. Staff Note: The applicant is implementing the Eastern Road Plan. On Senseny Road a new lane is beingprovided. Following the Planning Commission meeting, the applicantproffered street trees along Senseny Road and Greenwood Road. The most recentproffer statement (June 2, 2006) also proffers a median on Senseny Road. 3) Site Suitability/Environment No steep slopes exist on the property. No portion of this site is within the 100-year flood plain according to the Flood Insurance Study Map for Frederick County. U.S.G.S. maps show one stream and one pond on the property, both in the northeast corner. The applicant has prepared a Wetland Delineation Report and a Request for Jurisdictional Wetlands Determination. That report documented two wetlands in the southeast corner of the site and one circular ditch holding water, that is not a jurisdictional water of the U.S. The wetlands will be further analyzed further at the MDP and site plan stages. Some mature woodlands, which may form part of the landscape requirement, are located on the eastern portion of the site. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcel fall under the Weikert-Berks-Blairton soil association, which is the predominant association on land located east of Interstate 81. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. No soil types on this site are classified as prime farmland soil. 4) Potential Impacts A. Transportation 0 0 Rezoning #04-06 — Orrick Cemetery, Inc. June 19, 2006 Page 6 Traffic Impact Analysis. A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. Two TIA addendums were also prepared. The first addendum (labeled Option B and numbered as pages 14a and 14b in the TIA) incorporates the alignment of the site entrance on Greenwood Road with Greenpark Drive. This is the proffered road alignment. The second addendum, dated April 5, 2006, models a different mix of uses than the original TIA. It models less retail floorspace but more office, more day-care and more overall floorspace (158,000 square feet) than originally modeled. The projected trip generation decreased slightly with this mix of commercial uses. Staff note: The precise mix of commercial uses and floorspace is not proffered. Only the maximum floorspace of 158, 000 square feet is proffered. Using traffic generation figures from the I.T.E. Trip Generation Manual, 7"' Edition, the revised TIA projects that the proposed development will produce 11,547 vehicle trips per day (VPD). The TIA further indicates that the study area roads and intersections have the capacity to accommodate the trips generated by the project at Level of Service C conditions or better, given the proffered improvements. Improvements to the intersection of Senseny Road and Channing Drive (turn lanes and signalization) have been proffered by the developers of the Channing land bays when the first site plan is submitted for their B2 area. The TIA shows level of Service D(F) at this intersection without the signalization proffered by others, but this failing level of service is reached with or without the Orrick development. B. Sewer and Water Water and sanitaiy sewer facilities are available via the Lynnehaven Subdivision to the east. The majority of the site will be served via gravity flow from west to east. Using the standards water consumption rates for single family attached/multi-family residential uses and general consumption/office uses, the proposed development is projected to consume approximately 59,200 GPD (gallons per day) of water and produce equivalent sewer flows. C. Community Facilities The applicant has proffered $558 for each residential unit to offset the impacts to community facilities. This amount is based the County's new Development Impact Model. It includes double the amount listed for fire and rescue, and excludes the amount for schools because this is a proffered age -restricted community. Staff note: The impact model for Orrick was based on 55, 000 square feet of retail floorspace as this is proffered to be built prior to the occupancy of any residences The latest proffer statement includes a cash proffer of $558 per residential unit for capital facilities which is much different than the $2, 912 per unit originally proffered. The revision is based on the applicant's re-evaluation of the county's new Development Impact Model as it applies to age - restricted dwellings. Rezoning #04-06 — Orrick Cemetery, Inc. June 19, 2006 Page 8 Staff Note: Earlier renderings presented to sl(ifffor this project showed buildings on the pad sites close to Senseny Road and Greenwood Road, with the parking lots hidden behind. Staff has encouraged the applicant to commit to this layout. The most recent proffer• statement (June 2, 2006) removed formed concrete cis a material for commercial buildings. The multi -family units will have facades of brick, stone, simulated stone, wood, Hardishingle and/or Harditrim, or materials of comparable quality, Azek Trimboards, Fypon brackets and/or cornice details, stucco and glass. The apartment structures will incorporate non -symmetrical massing, bays and columned porches, as generally depicted on the conceptual drawings identified as Exhibit A and Exhibit B. Staff note: As stated earlier, the county ivill }want to be assured that the multi -family units are compatible with the surrounding single family units. The design proffers are vague and the proffered conceptual drawings lack detail. Staff is not convinced that a compatible design is guaranteed. Also, Exhibit A shows a four story building. Acceptance of this exhibit does not give approval for a four story building. The proffer and exhibit relate only to non -symmetrical massing, bays and columned porches. E) Parks and Recreation The applicant will design and construct a 3.5 acre park. If in the future both the county and applicant find it to be in the best interest of the county, this park may be dedicated to the county for use by the general public. The applicant will construct a ten foot asphalt pedestrian bike trail along Senseny Road and Greenwood Road, prior to occupancy of any commercial building. Staff Note: Originally the applicant had proffered to design and construct the 3.5 acre park to be open to the public, but owned and maintained by the residential homeoitwers association. Some Planning Commissioners had concerns over the long term maintenance and liability of such an arrangement on the homeoiwners association. Follorwing the Planning Commission meeting, the applicant met with Parks and Recreation, who expressed a strong interest in a public park in this area. A number of steps ~would need to take place before the County could agree to accept the park Therefore, the proffer lwas revised to leave open the possibility that the park could be a public park. ff not dedicated to the county, it would remain a private park. F) Si na e Freestanding signs at the two commercial entrances will be limited to a single monument style sign. Each sign shall be limited to 20 feet in height. Pylon signs will be prohibited on the site. Staff Note: Given the proximity of this site to residential uses, the applicant has been encouraged to consider signs with a reduced height and sign face. • 0 Rezoning #04-06 — Orrick Cemetery, Inc. June 19, 2006 Page 9 G) Monetary Contribution For each residential unit the applicant has proffered: $248 for parks and recreation; $166 for fire and rescue; $ 3 7 for general government; $76 for public safety; and $31 for library; $558 for capital improvements, plus $2,854 for road improvements to Senseny Road and Greenwood Road. Staff Note: In the latest proffer statement, as compared to the original proffer statement, the applicant has reduced the amount of cash proffer for public facilities from $2, 912 to $558, per residential unit. This was based on the applicant's re-evaluation of the County's Development Impact Model. The applicant has increased the amount of the transportation cash proffer from S500 to $2, 854, per unit. Recent rezonings in the Senseny Road area have proffered larger contributions toward road improvements. H) Tree Save Following the Planning Commission meeting, a new proffer was added to preserve a minimum of 8,000 square feet of tree save area in the location depicted on the revised GDP. I) Corridor Enhancements Following the Planning Commission meeting, a new proffer was added to provide street trees along Senseny Road and Greenwood Road. J) Interior Landscaping At the Board of Supervisors meeting on May 24, 2006, the applicant added a proffer to provide a minimum of 6% landscaping of the interior portions of parking lots. This is reflected in the most recent proffer statement (June 2, 2006). STAFF CONCLUSIONS FOR 05/03/06 PLANNING COMMISSION MEETING: This application is somewhat consistent with the Comprehensive Policy Plan. The County will need assurances that the multi -family units will be compatible with the neighboring single family homes. This can best be assured through more detailed design proffers. For the commercial component, the applicant should carefully consider road standards and corridor appearance standards concerning: 1.) a median on Senseny Road, 2.) street trees, 3.) the placement of buildings closer to the street, and 4.) reduced signage. This could become the county's first neighborhood center, but the county needs to be Rezoning #04-06 — Orrick Cemetery, Inc. June 19, 2006 Page 10 assured, based on its currents policies and standards, that the development is of a high quality and compatible with its surroundings. PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/03/06 MEETING: Commission members were supportive of the staff s recommendation for enhanced corridor appearance and spoke with the applicant about the possibility of providing street trees and a median along Senseny Road and street trees along Greenwood Road. The applicant agreed to work with the staff to achieve an acceptable level of streetscape. Commissioners wanted to see a commitment from the applicant on improving the design of the parking lot for appearance and water infiltration. The applicant agreed to work directly with the staff for an improved design of the parking lot before going forward to the Board of Supervisors. Commission members also expressed concern about having the 3.5-acre park owned and maintained by the HOA, but open to the public. Some members were not in favor of the park being opened to the public, while others favored the idea of a centrally -located green area being available to the surrounding community. The applicant agreed to meet with the Department of Parks and Recreation before the Board of Supervisors meeting for their recommendation on the possibility of the park area being owned by the County and open to the public. There were no public comments regarding the proposed rezoning. Based upon the applicant's commitments, the Planning Commission, by a unanimous vote, recommended approval of Rezoning Application #04-06 with enhanced corridor appearance to include trees along Senseny and Greenwood Roads; with the applicant to meet with the Parks and Recreation Department regarding the 3.5-acre park; and with an agreement by the applicant to improve the design of the parking lot for appearance and water infiltration. (Note: Commissioner Ours was absent from the meeting.) STAFF CONCLUSIONS FOR 05/24/06 BOARD OF SUPERVISORS MEETING: This application is in general terms consistent with the Comprehensive Policy Plan. Staff had sought more detailed design proffers for the commercial and multi -family residential buildings. Staff had also sought a median on Senseny Road. The Planning Commission requested street trees along Senseny Road and Greenwood Road and these are now proffered. The Planning Commission requested a discussion with Parks and Recreation on public dedication of the proposed park. Discussions have taken place and the proffer statement revised to allow for future dedication of the park to the county. The Planning Commission's recommendation on the parking lot design and water infiltration has not been addressed by the applicant, despite suggestions from staff. BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 05/24/06 MEETING: Patrick Sowers, Patton Harris Rust & Associates, and David Harper, Paramount Development, appeared before the Board on behalf of the applicant. They explained the applicant's interpretation of the development impact model. They stated the design proffers were purposely vague in order to allow the best design to be brought forward. With regard to the Planning Commission conditions, the applicant has proffered the street trees, the median will be left up to VDOT to recommend, and the parking lot design will not change because the shale geology is not conducive to green paving to allow water run- Rezoning #04-06 — Orrick Cemetery, Inc. June 19, 2006 Page 11 off. Mr. Sowers then submitted a revised proffer statement and directed the Board to proffer #19, which increased the interior parking lot landscaping requirement from 5% to 6%. During the public hearing several representatives of Orrick Cemetery, Inc (H. M. Brooks, Chairman, Bill Buckner, Vice President, Viola Gaither, and Dick Merlin Briscoe) spoke on the philanthropic mission of the Cemetery, including working with youth, the elderly, substance abusers and those in need of housing. Four residents of the Red Bud District (Joanne Leonardis, Chris Collins, Richard Crane, Teresa Collins) also spoke on the project. Residents had concerns with some of Orrick's social projects and the age -restricted nature of the residential site. There was support for the park being public and for walking/bike paths. Development compatible with the existing community was stressed. Mr. Harper clarified the non-profit work of Orrick would be financed by this project. Supervisor Lemieux advised that he had met with the applicant and he believed this application was lacking in several areas. Supervisor voted to postpone the rezoning for up to 60 days. STAFF CONCLUSIONS FOR 05/24/06 BOARD OF SUPERVISORS MEETING: This application is in general terms consistent with the Comprehensive Policy Plan. Staff had sought more detailed design proffers for the commercial and multi -family residential buildings. The concerns of the Planning Commission have been addressed by the applicant in the latest proffer statement. Since the public hearing, the applicant has also added to their cash contribution for fire and rescue and for transportation. The required public hearing for this application took place on May 24, 2006. A decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. ♦ HOd I CAYefiELD LLC Y B s 1 � g PANNING lPO550EKlOPE0.5 L.[ J� � S y ve i b bp0 O O# O ebpJ 'q p ~ pp y ?O bb 'p tiS �`+♦ Q 4R 0 4�da. Y� .�> e aN-EA,on fnvN I. h`"YJ 1 _N •� an.. ,.n �R aYP feabrx O Rt (Buuneaa. NugHboeM1ood Dlancll MS R.IedlWlSuppad Du4cl) �....r N e'O+• Q 81 (Rusin.. General D—d) • Re IR-dI.Wl. Planned CemmmM [II—) REZ # 04 - 06 IIN • RJL9uameaa.lnd.-IlTran—Dnind, • RS(RxtlenWlReueUanalCommunMDnvcll Orrick Cemetery r•"' N "•""°"` • EM (E.,...e Manuhdurinq D _) Q RA (Rural Meaa D—d) HE IH ru.r. ReM CaWNxa -,.^, • pNer Educatron DI—) O RPIReaEentul PoHorrtunu Dnmdl (55 - A - 201 ) O N • MI(1—Oal. Lgnt Dl—) O Ws •` Q Mi 11Mualr It General W—) ' 0 I W AGO dJC h uw • MHI (M-II Home C--AY D.—) Feel rApfeaNrea ® 81 ffie ea, R e�pHbDTDDE D...) * ,,, MS (MeOcal $YDpoR DaVcli ®(.�....Gener.)ncq • Ra(R....ntwl p�nneaDmm� ..,:.,.REZ # 04 06 waDal (Boone.., InUUMnaI Tranal Da d) RS IReagenbal Reuvatnnal Comrrunily DaVwY) EM(E—n ManutacNr 9EA.hm) O "(R.111Oe Dutrin) Orrick Cemetery HE(Hlybe,EEucatalD 11 t) O RF(Re.gentu P,d.,m .Dutrct) (55 - A - 201MI ) -r�u" H � Mt (IrMUMrlal, LIpM DutrKp �t O ru.�� MZ (trltlualrial, Gemr.I Da M) e`ACII' 0 100 200 aJC Oswv A e MH1 (MDbie Home Dammunlry DWa ) feet REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To Abe completed by Planning Staff,.. Fee Amount Paid $ . - Zoiling Amendment umber / = L �O ; Date Received PC Hearing Date �J"' A ; `BOS.�Hearing Date *7; 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: Paramount Development Corporation Telephone: (843) 361-4433 Address: c/o David Harrier 607 Briarwood Drive Suite 5 Myrtle Beach, South Carolina 29572 2. Property Owner (if different than above) Narne: Orrick Cemetery, Inc. Telephone: (540) 722-4463 c/o Address: 501 S Braddock St Winchester, VA 22601 3. Contact person if other than above Name: Patrick R. Sowers Telephone: .(540) 667-2139 Patton Harris Rust & Associates, pe Address: 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 1 E 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: Orrick Cemetery, Inc. Paramount Development Corporation Orchard Development 6. A) Current Use of the Property: Vacant B) Proposed Use of the Property: Mixed Use Commercial/Residential 7. Adjoining Property: SEE ATTACHED PARCEL ID NUMBER USE ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The subject property is located in the northeast quadrant of the intersection of Senseny Road (Rt 657) and Greenwood Road (Rt 656) with road frontage along both roadways. • 2 • 0 9. 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 bearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby cerfif'y that Ibis application and its accompanying materials are true and accurate to the-6i sit of my (our) knowledge. A" itant(s) Date Date Owner(s) /ftr -Date Date 1 to ��• 0 0 E Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2" d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: Greenwood Vol. Fire Company 809 Greenwood Rd Property#: 55-A-199 Winchester, VA 22602 Name: Greenwood Baptist Church 781 Greenwood Rd Property#: 55-A-192 Winchester, VA 22602 Name: Bettie E. Winslow 711 Greenwood Rd Property#: 55-A-184 Winchester, VA 22602 Name: Briarwood, LC 205 N. Cameron St Property#: 55-A-200 Winchester, VA 22601 Name: Chris S. and Carla A. Hammond 210 Trefoil Ct Property#: 55J-1-6-118 Winchester, VA 22602 Name: David R. and Kay E. Jarl 212 Trefoil Ct Property#: 55J-1-6-119 Winchester, VA 22602 Name: Briarwood Estates HOA Property#: 55J-1-9-193A Name: Stephen P. and Angela C. Pforr 120 Teaberry Dr Property#: 55J-1-9-194 Winchester, VA 22602 Name: John B. and Elizabeth C. Tullis 122 Teaberry Dr Property#: 55J-1-9-195 Winchester, VA 22602 Name: Alberto C. Otoya 124 Teaberry Dr Property#: 55J-1-9-196 Winchester, VA 22602 Name: John Shields 126 Teaberry Dr Property #: 55J-1-9-197 Winchester, VA 22602 Name: Michael J. Rudolph 128 Teaberry Dr Property#: 55J-1-9-198 Winchester, VA 22602 Name: Mark and Malinda A. Dowsett 130 Teaberry Dr Property#: 55J-1-9-199 Winchester, VA 22602 Name: Ronald C. and Elizabeth A. Dishong 215 Ladyslipper Dr Property#: 55J-1-9-204 Winchester, VA 22602 4 • Name: Charles R. Campbell 401 Farmington Blvd Property #: 55K-1-2-25 Winchester, VA 22602 Name: Gene and Laurie L. Orr 400 Farmington Blvd Property#: 55K-1-1-24 Winchester, VA 22602 Name: James E. and Karen S. Neaverth 118 Sesar Ct Property#: 55K-1-1-14 Winchester, VA 22602 Name: Therese M. and Christopher E. Collins 120 Sesar Ct Property#: 55K-1-1-13 Winchester, VA 22602 Name: Paula K. McDonald 121 Sesar Ct Property#: 55K-1-1-12 Winchester, VA 22602 Name: Lynnehaven HOA Property #: 55K-1-1-24A Name: Russell W. and Velma Moreland 2105 Senseny Rd Property #: 65-A-23 Winchester, VA 22602 Name: George T. Damko 2097 Senseny Rd Property #: 65-A-22 Winchester, VA 22602 Name: Rocky J. Rhodes et als 2085 Senseny Rd Property#: 65-A-21 Winchester, VA 22602 Name: Charles D. Lloyd 2045 Senseny Rd Property#: 55-A-203 Winchester, VA 22602 Name: Charles D. Lloyd 2045 Senseny Rd Property#: 55-A-202 Winchester, VA 22602 Name: Shane P. Taylor 2037 Senseny Rd Property#: 65A-1-8 Winchester, VA 22602 Name: Henry J. Agregarrd I11 2031 Senseny Rd Property#: 65A-1-7 Winchester, VA 22602 Name: Skip and Vickie A. Baker 2025 Senseny Rd Property#: 65A-1-6 Winchester, VA 22602 Name: Ernest H. and Lena Lawrence 2019 Senseny Rd Property#: 65A-1-5 Winchester, VA 22602 Name: Melvin G. Saville Jr. 2015 Senseny Rd Property #: 65A-1-4 Winchester, VA 22602 Name: Genoa T. Kees 2009 Senseny Rd Property#: 65A-1-3 Winchester, VA 22602 Name: Valley, LLC 2003 Senseny Rd Property#: 65A-1-2 Winchester, VA 22602 Name: Edward G. and Mary L. Sinkoski 1997 Senseny Rd Property#: 65A-1-1 Winchester, VA 22602 Name: Myra C. Hughes 1986 Senseny Rd Property #: 65A-2-1-8 Winchester, VA 22602 Name: Gregory S. and Janet M. Puffinburger 1978 Senseny Rd Property#: 65A-2-1-7 Winchester, VA 22602 Name: Michael C. Dorgan 1968 Senseny Rd Property #: 65A-2-1-6 Winchester, VA 22602 Name: Donald E. Strauss 1958 Senseny Rd Property#: 65A-2-1-5 Winchester, VA 22602 Name: Franklin B. Anderson 1948 Senseny Rd Property#: 65A-2-1-4 Winchester, VA 22602 Name: Kenneth L. and Shirley A. Mason 1930 Senseny Rd Property #: 65A-2-1-3 Winchester, VA 22602 Name: Kenneth L. and Shirley A. Mason 1930 Senseny Rd Property#: 65A-2-1-2 Winchester, VA 22602 Name: Cora V. Clark 1932 Senseny Rd Property#: 65A-2-1 Winchester, VA 22602 Name: Cora V. Clark 1932 Senseny Rd Property#: 55-A-196 Winchester, VA 22602 Name: Timothy and Mary Stafford 1905 Senseny Rd Property#: 55-A-197 Winchester, VA 22602 Name: Green Sen, LLC 1893 Senseny Rd Property#: 55-A-198 Winchester, VA 22602 Name: TCG Management, LLC 847 Lake St Clair Property#: 55-A-194 Winchester, VA 22603 Name: Country Park Homeowners Association RR 5 Box 525 Pro ert I 55D-1-34A Winchester, VA 22603 c� Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Orrick Cemetery, Inc (Phone) 540 722-4463 (Address) 501 S Braddock St, Winchester VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 337 Page Number 179 and is described as Parcels: 201 Lot: Block: A Secti0n/Tax Map 55 Subdivision: N/A do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates, pc (Phone) 667-2139 0,Address) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. ,f In witness thereof, I (we) have hereto set my (our) hand and seal this , day of, z GL,L 2006, Signature(s) State of Virginia, City/County o To - I, t; Diu �� .f/��/�'7a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared be o -e me and has ac wledged lie same b fore m in the j arisdiction aforesaid this day of, 2006. f My Connnission Expires: WotaryPublic , 0' 5� 37,41 z 69 Residential Performance (RP) lf, �1 33.61 Acres / General Commercial (B2) 65 ' � 215 ,9. 22.06 Acres L6 h' , CURVE TABLE CURVE RADIUS LENGTH TANGENT BEARING CHORD DELTA C1 5759.58' 74.04' 37.0 ' N7424:03•W 74.04' 0'44'11' C2 11429.16' 80.47 40. 3' N74'34'O •W 80.47 024'1 LINE TABLE UNE BEARING LENGTH Lt N69.52'58"W 47.12' L2 N69'0O'3O'W 1799.818' L3 N68'58'22'W 60.81' L4 N69.31'12'W 157.6 ' L5 N15.25'G6'E 138.60' L6 N74'34'54-W 75.00' L7 51525'O6'W 21.11' LB N73'O5'S4"W 78.50' L9 N13'46'O6•E 67.85• gilbert w. clifford & associates ORRICK COMMONS '1"e A— cl•1..•pc OMr� 1�a �� Mrrr REZONING BOUNDARY EXHIBIT mom oac ,.�,� FRfDERICK COUNTY, NU RGIN r zw en 1� M Is ooa PRS wwa pm Q]/3J/U6 1 Of 1 0 16 ADDITIONAL ADJOINERS: TMP 55-A-197 TMP 65-A-21 N/F RAY B. & N/F RICHARD L. RHODES FRANCES J. TAYLOR & CORA F. RHODES 09 291, PG 362 DB 543, PG 97 TMP 55-A-198 TMP 65-A-22 N/F GREEN SEN, L.LC. N/F GEORGE T. DAMKO INST #040021106 DB 505, PG 845 TMP 55-A-202 TMP 65-A-23 N/F CHARLES D. LLOYD N/F RUSSELL W. & & PENNY L. RITENOUR VELMA MORELAND DS 942. PG 17 DB 344. PG 311 TMP 55-A-203 N/F BRIARWOOD / N/F CHARLES D. LLOYD MANOR, L. C. DB 820, PG 345 TRACT 2 (12' S77?/P) / INST OV400164J8 / TAJP - 4 -77E / \ N/F ETAE B E. WINSLOW DB 416, PG 645 7UP 55-A-192 / o II N/F GREENWOOD J RO'to / SAPAST CHURCH OB 514, PG 213 �a — r7 III TUP 55-A-199 r11 GREENWOOD yryy� III 6LUNTEER F/RE CO2 ¢ Z ljj Illl DB 36J, PG 600 �, LEGEND: TMP TAX MAP PARCEL HPB HIGHWAY PUT BOOK DB DEED BOOK PG PAGE AC ACRES IPF IRON PIPE FOUND IRF IRON ROD FOUND z PPF PINCH PIPE FOUND IRS IRON ROD SET N/F NOW OR FORMERLY INST If INSTRUMENT NUMBER i R/W RIGHT OF WAY a ILL CENTERLINE s SUED SUBDIVISION SW SIDEWALK STM STIR STORM DRAINAGE STRUCTURE A UTILITY POLE (WITH GUY) O LIGHT POLE O or FH FIRE HYDRANT FLAG POLE HEDGE/BUSH NVPC NORTHERN MRGINIA POWER COMPANY TRIP 55-A-200 N/F BRIARWOOD MANOR, L. C. TRACT 1 1N5T X40016438 y FTIOI , II I' P� Iyj IISI/ 1 !✓// -TIRE FENCE MIRE FENCES lD�6 �. IPF (a+ ME)CHAINLINt O� s % SWALE O F_`K FENCE DRAINAGE CAIPI ESM TSDNK FENCETMP 55-A-201 DS 956, PG 229 ORRICK CEMETERY COMPANY, INC. =oz.2g," 25 TO (L2,425,020 SF/55.6708 AC NOW SURVEYED) ODT pAVEIA (AS .. 21MRE Nff RNCE79, POST `l T� 7 �" �vn �54 nN�pQQ p 55 '�P 9g o+n IR —of DIRT ROAD J� (sAP ryFM'418(OCS III OPEN FIELD � B IRS HEDGE 9 A1C 2 ESS II STp yR(DD CHAIN LINK FENCE MNCHESQ TER a PIfO "'All" 4l• L hh/T /w O rDlCA NOTES: JaJ�Ac A? 97 J97 •�rNy ROAD _ (60 1. FREDERICK COUNTY TAX MAP: 55-A-201. R/WI 2. BOUNDARY INFORMATION IS BASED ON A CURRENT FIELD RUN PURSUANT TO THE DEED OF CONVEYANCE RECORDED IN DB 337, PG 179 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. DATE OF LAST FIELD INSPECTION: AUG. 30, 2005. 3. BASIS OF MERIDIAN SHOWN HEREON IS A FIELD RUN GPS SURVEY CONDUCTED BY THIS FIRM DURING JUNE 2005, WHICH TIES THIS PROJECT TO NGS (CORS) PID AJ 4467 HAG2. 4. CERTAIN IMPROVEMENTS SHOWN HEREON (INTERIOR FENCE LINES, UTILITY STRUCTURES. BUILDINGS, ROADS, STREAMS. HEDGES, PARKING) ARE DERIVED FROM PHOTOGRAMMETRIC AERIAL MAPPING FLOWN JUNE 14, 2005, COMPILED BY MCKENZIE SNYDER, INC. OF ASHBURN. VIRGINIA. 5. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP(S) COMMUNITY PANEL Nos. 510063 0115B & 510063 01208, BOTH EFFECTIVE JULY 17, 1978; THE SUBJECT PROPERTY LIES WITHIN ZONE C (AREA OF MINIMAL FLOODING). 6. THE LOCATION OR EXISTENCE OF UNDERGROUND UTILITIES, HAZARDOUS MATERIALS, ENVIRONMENTALLY SENSITIVE OR DAMAGED AREAS OR WETLANDS (IF ANY) IS NOT DETERMINED BY THIS SURVEY. 7. ADJOINING PROPERTY INFORMATION WAS DERIVED FROM THE FREDERICK COUNTY PARCEL MAPPING SERVICE JUNE 13, 2005. `UST GATES /-- WIRE FENCE OPEN FIELD <4 ` ` C" n "14r y^ R z ; �� zg I Xs' l '( SRC toy I I 1 T 6` 17/ B / TO POS �E� J �>y v ',� !, �9 BOARD B iOJCE t MIRE FENCE ((pp MIRE FENCE �J f -.SITE'+ \Q0Fti , � � r4 49 9 / 11.4 I � a Z I o I r4S�4�H v ` br�f �T I �. r� WOODED AREA `\\ J IY I J Eo pp 41 z = Z 1 �, aP� HIRE FENCE .Y\\ 1� �53 . `NODDED AREA CURVE TABLE CURVE I RADIUS LENGTH TANGENT BEARING CHORD DELTA Cl 5759.58' 74.04' 7.0 N74'24'03'W 74.04' 0'44'11" C2 11429.16' 80.47' 1 40,23' 1 N74'34'02'W 1 80,47' 1 0'24'12' 8. PREPARED WITHOUT BENEFIT OF A TITLE REPORT 9. WITH REFERENCE TO THE COURSE N64'38'51'W, 376,73' ESTABLISHED BY THIS SURVEY: THE PROPERTY DESCRIPTION FOR PARCEL 2, TMP 65-A-22 CONTAINED IN DB 505, PG 845 (DERIVED FROM DB 190, PG 246, REFERENCED IN DB 337, PC 179) IS AMBIGUOUS. BASED ON A FIELD SURVEY AND INSPECTION OF THE PREMISES, THE ACTUAL LOCATION OF THE COMMON LINE IN THE FIELD (IF ANY) BETWEEN THE SUBJECT PROPERTY AND PARCEL 2, TMP 65-A-22 IS NOT READILY APPARENT. SAID COURSE WAS ESTABLISHED BY (GENERALLY) HOLDING THE EXISTING WIRE FENCELINE (THE APPARENT LINE OF POSSESSION). IF THE COURSE ESTABLISHED BY THIS SURVEY IS NOT COMMON WITH PARCEL 2, TMP 55-A-22; THEN THERE IS A PROBABLE GAP BETWEEN THE PROPERTIES. � aPl f O� j DIF`, �l1iG Ai'N�Jg3j w`�n OT a� A � ti �NLTH OF , 2 Q Q 6V u CORY Y. HAYN6S > No. 2539 VICINITY MAP SCALE: 1' = 1000' l Off. qt b� Pe t ^9O 1 ,51 TMP 55-A-201+"� 4 ti Jp�j�FNJj'1£`\ �SOUROT A ..JBO_ DETAIL SCALE: 1"=100' 200 100 0 100 200 'F200• BOUNDARY SURVEY PROPERTY OF: ORRICK CEMETERY COMPANY, INC. DEED BOOK 337, PAGE 179 RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1 - 200' DATE: AUGUST 30, 2005 Y Patton Harris Rust & Assoclates,Pc T�-•-E7�gi�neen�./luu\r`vgors. Plonnera. Lornlaeops Arehiten,- [�1 1 T T Fe.1 Pew sa,ro ac e { WkrJioalor. VaglNa 2I601 54066T2179,eac F 54o.8&s mW SHEET I OF 1 is 0 • at ro cue � � , oaf OdO, i Grp Tree Save Area 55,000 SF C I � OmmefCia ` ;r kMYU r%UbL1IGIUU) vV�4 T 0 ntrance \� �� (TOTAL RESIDENTIAL -= 33.61 Acres) Proposed Pedestrian- Bicycle Trail COMMERCIAL Commerical - / Residential / ` (22.06 Acres) Connection MULTI -FAMILY 01 (Age Restricted) OSignalized �.,` ` Entrance �� v EN Y R04D Proposed Pedestrian -Bicycle Trail 1 Add tree save area 5 12 06 PRS Patton Harris Rust & Ape tes,pc ORRICK COMMONS Engineers. Surveyors. Planners. Landscape Architects. W1 hwlPkvgi(wySYwl5 200 GENERALIZED DEVELOPMENT PLAN + Winches Wi, V.yirda 22601 T 540.0672139 NO. DESCRIPTION DATE REM RLW'D NWD F 540005.0493 FREDERICK COUNTY, VIRGINIA REVISION aRWRIACSCALE ,ac 50 0 700 roo ( N FaT !:_- "V M. DESIGN SURVEY PRS DRAWN DATE TWP NOVEMBER 15. 2005 CHECKED SCALE PRS NTS SHEET FILE No. 1 OF 1 j PUT CURPXNT REZONING APPLICATION #04-06 ORRICK CEMETERY, INC. Staff Report for the Board of Supervisors Prepared: May 15, 2006 Staff Contact: Susan K. Eddy, Senior Planner 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: April 5, 2006 Not heard May 3, 2006 Recommended Approval Board of Supervisors: May 24, 2006 Pending PROPOSAL: To rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) District with proffers. LOCATION: The property is located on the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-201 PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) RA (Rural Areas) South: RP (Residential Performance) RA (Rural Areas) East: RP (Residential Performance) RA (Rural Areas) West: RP (Residential Performance) B2 (Business General) Use: Residential and vacant Fire station and church Use: Residential Country store and residential Use: Residential Residential Use: Residential Retail • 0 Rezoning #04-06 — Orrick Cemetery, Inc. May 15, 2006 Page 2 PROPOSED USES: Mixed Use — Commercial and Residential (all age -restricted) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 656 and 657. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Orrick Commons rezoning application signed December 2005 addresses transportation concerns associated with this request. While the proposed proffers appear acceptable, VDOT offers the following comments: 6.1— acceptable; 6.2 — acceptable; 6-3 — acceptable; 6.4 — acceptable; 6.5 — initially acceptable, but VDOT reserves the right to require additional dedications upon review of the site plan/entrance design. It should be noted that if 250' of separation from the proposed Greenwood entrance and Greenpark Drive cannot be achieved, the developer may be required to align the Greenwood entrance with Greenpark Drive. This would also require the developer to enter into a signalization agreement with VDOT. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data fiom 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: Maintain access during all phases of construction. Municipal water supply for firefighting must be available as soon as combustible materials arrive on site. Plan approval recommended. Public Works Department: 1. Refer to page 3 of 6, C. Site Suitability: Include a discussion of the existing power line right-of-way and the impact on the proposed road network and related utility development. Provide a detailed wetlands delineation with the master development plan (MDP) submittal. A copy of the MDP should be submitted to the Corps of Engineers for their review and comment. Refer to page 5 of 6, D. Transportation: The discussion references the requirement for a right turn lane on westbound Senseny Road for vehicles turning north onto Greenwood Road. Considering this location is outside of the proposed rezoning boundaries, indicate if sufficient right-of- way is available at this location. Refer to page 6 of 6, F. Site Drainage: Indicate what types of low impact development techniques will be employed within the proposed development. Also, delineate how much of the existing vegetation will be preserved as riparian buffers. All permanent storm water management facilities shall be highlighted in the MDP. Refer to page 6 of 6, G. Solid Waste Facilities: This discussion indicates that the homeowners' association (HOA) will be responsible for trash collection within the residential portion of the project. However, the proffer statement, paragraph 3.2 indicates, "if they decide to use a commercial collection company". This latter portion of item iii should be removed from the proffer statement, thereby making this a definite requirement of the HOA. Refer to page 3 of 7, proffer statement, paragraph 5.1: We applaud the use of BMP facilities. However, the maintenance of these facilities shall be included in the responsibilities of the HOA or commercial Rezoning #04-06 — Orrick Cemetery, Inc. May 15, 2006 Page 3 property owners. Refer to page 10 of the Traffic Impact Analysis by Patton Harris Rust & Associates: Revise the data in Table II to reflect the actual commercial development of 158,000 square feet, proposed in the Introduction paragraph (page 1 of 6) of the impact analysis. Staff Note: The issue of maintenance of BMP facilities has not been addressed by the applicant. Frederick County Inspections: No comment at this time. Shall comment at the time of site plan and subdivision lot review. Frederick -Winchester Service Authority: No comment. Sanitation Authority: I concur with the water & sewer comments made in the application package. Frederick -Winchester Health Department: No objection if water and sewer are to be provided. Department of Parks & Recreation: The proposed plan appears to provide a monetary proffer consistent with the county model for this housing type. The developer has also indicated that a public recreational park, including playground equipment equivalent to monetary value of the required recreational units, will be located within the 3.5 acres of open space provided. Plan also shows a bike trail, meeting Frederick County Parks and Recreation Department standards, along Senseny Road and Greenwood Road which is to be maintained by the development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 175 single family and multi family units will have no impact on the school division upon build -out due to the units being age restricted. Winchester Regional Airport: While the proposed development lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan should not impact operations at the Winchester Regional Airport. Frederick County Attorney: Please see attached letter dated May 3, 2006 from Robert T. Mitchell, Jr., Esquire. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmark Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It is also noted that the National Parks Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that his proposed rezoning would directly impact. Planninlz Department: Please see attached letter dated January 26, 2006from Susan K. Eddy, Senior Planner. Rezoning #04-06 — Orrick Cemetery, Inc. May 15, 2006 Page 4 Planning & Zonintj: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies this property as being zoned A-2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. I-]] I.nnd Ilse The site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The site is not within the limits of any small area plans in the Comprehensive Policy Plan. The land use plan identifies the entire Senseny Road corridor for residential uses. However, the Plan (6-72) does call for neighborhood business uses in the vicinity of residential areas. Given this key intersection of Senseny Road and Greenwood Road, and the existing 132 zoned properties at this intersection, developing the western portion of the Orrick property for neighborhood commercial development and the eastern portion for residential, if done in a compatible manner, could be consistent with the Comprehensive Policy Plan. The multi -family housing, in the center of the site, as proffered on the Generalized Development Plan, provides a transition between the retail portion of the site and the single family portion of the site. Siting elderly housing adjacent to retail/office uses is desirable, and with the safeguards called for in the Comprehensive Plan when multi -family units are adjacent to single family units, the mix of uses could be consistent with the Comprehensive Plan. While Senseny Road is not specifically a business corridor, the business design standards in the Comprehensive Plan are relevant to this application. The Plan calls for landscaping along the roadway, screening adjoining uses, and controlling the size, number and location of signs. Staff Note: The on -going Urban Development Area (UDA) Study has preliminarily designated this area for a neighborhood center. Before this could happen, community input would be 0 • Rezoning #04-06 — Orrick Cemetery, Inc. May 15, 2006 Page 5 sought, and policies and standards would need to be adopted. As these steps have not taken place, the general policies in the existing Comprehensive Plan, which call for high quality design and compatibility between uses and housing types would need to be followed. Given the lack of details concerning the residential portion of the site, the county will need to be confident that the multi family housing will be compatible with the existing single-family housing and that the commercial uses will be complementary with residential uses. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road and Greenwood Road as improved major collectors. This translates to a four -lane divided boulevard section, such as is being implemented with Warrior Drive. The idealized intersection design in the Comprehensive Plan (6-15) illustrates appropriate features including raised medians with landscaping, landscaping along the edge of the right-of-way, and sidewalks. The Frederick County Bicycle Plan designates Senseny Road as a short-term designated route. Staff Note: The applicant is partially implementing the Eastern Road Plan. On Senseny Road a new lane is being provided. Following the Planning Commission meeting, the applicant proffered street trees along Senseny Road and Greenwood Road. However, the applicant has not committed to a median on Senseny Road. 3) Site Suitability/Environment No steep slopes exist on the property. No portion of this site is within the 100-year flood plain according to the Flood Insurance Study Map for Frederick County. U.S.G.S. maps show one stream and one pond on the property, both in the northeast corner. The applicant has prepared a Wetland Delineation Report and a Request for Jurisdictional Wetlands Determination. That report documented two wetlands in the southeast corner of the site and one circular ditch holding water, that is not a jurisdictional water of the U.S. The wetlands will be further analyzed further at the MDP and site plan stages. Some mature woodlands, which may form part of the landscape requirement, are located on the eastern portion of the site. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcel fall under the Weikert-Berks-Blairton soil association, which is the predominant association on land located east of Interstate 81. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. No soil types on this site are classified as prime farmland soil. 4) Potential Impacts A. Transportation Rezoning #04-06 — Orrick Cemetery, Inc. May 15, 2006 Page 6 Traffic Impact Analysis. A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. Two TIA addendums were also prepared. The first addendum (labeled Option B and numbered as pages 14a and 14b in the TIA) incorporates the alignment of the site entrance on Greenwood Road with Greenpark Drive. This is the proffered road alignment. The second addendum, dated April 5, 2006, models a different mix of uses than the original TIA. It models less retail floorspace but more office, more day-care and more overall floorspace (158,000 square feet) than originally modeled. The projected trip generation decreased slightly with this mix of commercial uses. Staff note: The precise mix of commercial uses and floorspace is not proffered. Only the maximum floorspace of 158, 000 square feet is proffered. Using traffic generation figures from the I.T.E. Trip Generation Manual, f Edition, the revised TIA projects that the proposed development will produce 11,547 vehicle trips per day (VPD). The TIA further indicates that the study area roads and intersections have the capacity to accommodate the trips generated by the project at Level of Service C conditions or better, given the proffered improvements. Improvements to the intersection of Senseny Road and Channing Drive (turn lanes and signalization) have been proffered by the developers of the Channing land bays when the first site plan is submitted for their B2 area. The TIA shows level of Service D(F) at this intersection without the signalization proffered by others, but this failing level of service is reached with or without the Orrick development. B. Sewer and Water Water and sanitary sewer facilities are available via the Lynnehaven Subdivision to the east. The majority of the site will be served via gravity flow from west to east. Using the standards water consumption rates for single family attached/multi-family residential uses and general consumption/office uses, the proposed development is projected to consume approximately 59,200 GPD (gallons per day) of water and produce equivalent sewer flows. C. Community Facilities The applicant has proffered $475 for each residential unit to offset the impacts to community facilities. This amount is based the County's new Development Impact Model. It excludes the amount for schools because this is a proffered age -restricted community. Staff note: The impact model for Orrick was based on 55, 000 square feet of retail floorspace as this is proffered to be built prior to the occupancy of any residences The latest proffer statement includes a cash proffer of $475 per residential unit for capital facilities which is much different than the $2, 912 per unit originally proffered. The revision is based on the applicant's re-evaluation of the county's new Development Impact Model as it applies to age - restricted dwellings. Rezoning #04-06 — Orrick Cemetery, Inc. May 15, 2006 Page 7 5) Proffer Statement — Dated December 6, 2005 and Revised May 12, 2006 Generalized Development Plan — Dated November 15, 2005 and Revised May 12, 2006 A) Land Use Commercial floorspace shall not exceed 158,000 square feet. A minimum of 55,000 square feet of commercial floorspace shall be constructed prior to occupancy of any residential dwelling. Adult retail uses are prohibited and car washes are prohibited adjacent to residential properties. All units will be age -restricted and will comprise a mix of single family and multi- family units. B) Homeowners Association The residential homeowners association (HOA) will own and maintain all common areas. The HOA will be responsible for a common solid waste disposal program provided by a collection company. C) Transportation The applicant will install a traffic signal at the project entrance on Senseny Road, provide a left turn lane on eastbound Senseny Road at that entrance, and provide a new westbound lane on Senseny Road from the eastern end of the property to the intersection of Senseny Road and Greenwood Road. The applicant will install anew northbound lane on Greenwood Road from the intersection of Greenwood Road and Senseny Road to the project entrance on Greenwood Road. The applicant will install signalization at the entrance on Greenwood Road when requested by VDOT. All other road improvements to Senseny Road and Greenwood Road will be completed prior to occupancy of any commercial buildings. The applicant will dedicate an additional 10 feet of right-of-way on Senseny Road and 15 feet of right-of-way on Greenwood Road to VDOT, within 90 days of notice by the county. Access along Senseny Road and Greenwood Road will be limited to one entrance on each. The applicant will connect the residential and commercial portions of the site. The site access on Senseny Road will have a median with street trees at the entrance. Inter -parcel connectors with adjacent properties will be identified at the Master Development Plan (MDP) stage. Staff Note: The Eastern Road Plan calls for Senseny Road to be improved to a major collector. The county standards calls for a four lane divided section with landscaping along the edge of the right-of-way and a landscaped median. While sufficient right-of-way may not existfor a full median with trees, a portion of the median could be provided with this project such that a full median can be provided when the south side of Senseny Road develops. The applicant has proffered to construct Farmington Boulevard on their property to base pavement, and bonded to final payment, prior to issuance of a certificate of occupancy for the first single family dwelling unit. Rezoning #04-06 — Orrick Cemetery, Inc. May 15, 2006 Page 8 D) Design Standards The principal facade and any other facade facing Senseny Road or Greenwood Road of any commercial building will be limited to a cast stone, stone, brick, formed concrete, glass, wood stucco or other masonry. All commercial buildings will have standing seam metal roofs. Staff Note: Earlier renderings presented to stafffor this project showed buildings on the pad sites close to Senseny Road and Greenwood Road, with the parking lots hidden behind. Staff has encouraged the applicant to commit to this layout. Staff also has concerns with the use of formed concrete as a possible dominant building material. The multi -family units will have facades of brick, stone, simulated stone, wood, Hardishingle and/or Harditrim, or materials of comparable quality, Azek Trimboards, Fypon brackets and/or cornice details, stucco and glass. The apartment structures will incorporate non -symmetrical massing, bays and columned porches, as generally depicted on the conceptual drawings identified as Exhibit A and Exhibit B. Staff note: As stated earlier, the county will want to be assured that the multi family units are compatible with the surrounding single family units. The design proffers are vague and the proffered conceptual drawings lack detail. Staff is not convinced that a compatible design is guaranteed. Also, Exhibit A shows a four storey building. Acceptance of this exhibit does not give approval for a four storey building. The proffer and exhibit relate only to non -symmetrical massing, bays and columned porches. E) Parks and Recreation The applicant will design and construct a 3.5 acre park. If in the future both the county and applicant find it to be in the best interest of the county, this park may be dedicated to the county for use by the general public. The applicant will construct a 10 foot asphalt pedestrian bike trail along Senseny Road and Greenwood Road, prior to occupancy of any commercial building. Staff Note: Originally the applicant had proffered to design and construct the 3.5 acre park to be open to the public, but owned and maintained by the residential homeowners association. Some Planning Commissioners had concerns over the long term maintenance and liability of such an arrangement on the homeowners association. Following the Planning Commission meeting, the applicant met with Parks and Recreation, who expressed a strong interest in a public park in this area. A number of steps would need to take place before the County could agree to accept the park. Therefore, the proffer was revised to leave open the possibility that the park could be a public park. If not dedicated to the county, it would remain a private park. F) Si na e Freestanding signs at the two commercial entrances will be limited to a single monument style sign. Each sign shall be limited to 20 feet in height. Pylon signs will be prohibited on the site. 0 • Rezoning #04-06 — Orrick Cemetery, Inc. May 15, 2006 Page 9 Staff Note: Given the proximity of this site to residential uses, the applicant has been encouraged to consider signs with a reduced height and sign face. G) Monetary Contribution For each residential unit the applicant has proffered: $248 for parks and recreation; $83 for fire and rescue; $37 for general govermnent; $76 for public safety; and $31 for library; $475 for capital improvements, plus $1,500 for road improvements to Senseny Road and Greenwood Road. Staff Note: In the latest proffer statement, as compared to the original proffer statement, the applicant has reduced the amount of cash proffer for public facilities from $2, 912 to $475, per residential unit. This was based on the applicant's re-evaluation of the County's Development Impact Model. The applicant has increased the amount of the transportation cash proffer from $500 to $1,500, per unit. Recent rezonings in the Senseny Road area have proffered larger contributions toward road improvements. H) Tree Save Following the Planning Commission meeting, a new proffer was added to preserve a minimum of 8,000 square feet of tree save area in the location depicted on the revised GDP. 1) Corridor Enhancements Following the Planning Commission meeting, a new proffer was added to provide street trees along Senseny Road and Greenwood Road. STAFF CONCLUSIONS FOR 05/03/06 PLANNING COMMISSION MEETING: This application is somewhat consistent with the Comprehensive Policy Plan. The County will need assurances that the multi -family units will be compatible with the neighboring single family homes. This can best be assured through more detailed design proffers. For the commercial component, the applicant should carefully consider road standards and corridor appearance standards concerning: 1.) a median on Senseny Road, 2.) street trees, 3.) the placement of buildings closer to the street, and 4.) reduced signage. This could become the county's first neighborhood center, but the county needs to be assured, based on its currents policies and standards, that the development is of a high quality and compatible with its surroundings. Rezoning #04-06 — Orrick Cemetery, Inc. May 15, 2006 Page 10 PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/03/06 MEETING: Commission members were supportive of the staff s recommendation for enhanced corridor appearance and spoke with the applicant about the possibility of providing street trees and a median along Senseny Road and street trees along Greenwood Road. The applicant agreed to work with the staff to achieve an acceptable level of streetscape. Commissioners wanted to see a commitment from the applicant on improving the design of the parking lot for appearance and water infiltration. The applicant agreed to work directly with the staff for an improved design of the parking lot before going forward to the Board of Supervisors. Commission members also expressed concern about having the 3.5-acre park owned and maintained by the HOA, but open to the public. Some members were not in favor of the park being opened to the public, while others favored the idea of a centrally -located green area being available to the surrounding community. The applicant agreed to meet with the Department of Parks and Recreation before the Board of Supervisors meeting for their recommendation on the possibility of the park area being owned by the County and open to the public. There were no public comments regarding the proposed rezoning. Based upon the applicant's commitments, the Planning Commission, by a unanimous vote, recommended approval of Rezoning Application #04-06 with enhanced corridor appearance to include trees along Senseny and Greenwood Roads; with the applicant to meet with the Parks and Recreation Department regarding the 3.5-acre park; and with an agreement by the applicant to improve the design of the parking lot for appearance and water infiltration. (Note: Commissioner Ours was absent from the meeting.) STAFF CONCLUSIONS FOR 05/24/06 BOARD OF SUPERVISORS MEETING: This application is in general terms consistent with the Comprehensive Policy Plan. Staff had sought more detailed design proffers for the commercial and multi -family residential buildings. Staff had also sought a median on Senseny Road. The Planning Commission requested street trees along Senseny Road and Greenwood Road and these are now proffered. The Planning Commission requested a discussion with Parks and Recreation on public dedication of the proposed park. Discussions have taken place and the proffer statement revised to allow for future dedication of the park to the county. The Planning Commission's recommendation on the parking lot design and water infiltration has not been addressed by the applicant, despite suggestions from staff. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 0 REZONING APPLICATION #04-06 ORRICK CEMETERY, INC. Staff Report for the Planning Commission Prepared: April 17, 2006 Staff Contact: Susan K. Eddy, Senior Planner 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: April 5, 2006 Not heard May 3, 2006 Pending Board of Supervisors: May 24, 2006 Pending PROPOSAL: To rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) District with proffers. LOCATION: The property is located on the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-201 PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) RA (Rural Areas) South: RP (Residential Performance) RA (Rural Areas) East: RP (Residential Performance) RA (Rural Areas) West: RP (Residential Performance) B2 (Business General) Use: Residential and vacant Fire station and church Use: Residential Country store and residential Use: Residential Residential Use: Residential Retail Rezoning #04-06 — Orrick Cemetery, Inc. April 17, 2006 Page 2 PROPOSED USES: Mixed Use — Commercial and Residential (all age -restricted) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 656 and 657. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Orrick Commons rezoning application signed December 2005 addresses transportation concerns associated with this request. While the proposed proffers appear acceptable, VDOT offers the following comments: 6.1— acceptable; 6.2 — acceptable; 6-3 — acceptable; 6.4 — acceptable; 6.5 — initially acceptable, but VDOT reserves the right to require additional dedications upon review of the site plan/entrance design. It should be noted that if 250' of separation from the proposed Greenwood entrance and Greenpark Drive cannot be achieved, the developer may be required to align the Greenwood entrance with Greenpark Drive. This would also require the developer to enter into a signalization agreement with VDOT. 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: Maintain access during all phases of construction. Municipal water supply for firefighting must be available as soon as combustible materials arrive on site. Plan approval recommended. Public Works Department: 1. Refer to page 3 of 6, C. Site Suitability: Include a discussion of the existing power line right-of-way and the impact on the proposed road network and related utility development. Provide a detailed wetlands delineation with the master development plan (MDP) submittal. A copy of the MDP should be submitted to the Corps of Engineers for their review and comment. Refer to page 5 of 6, D. Transportation: The discussion references the requirement for a right turn lane on westbound Senseny Road for vehicles turning north onto Greenwood Road. Considering this location is outside of the proposed rezoning boundaries, indicate if sufficient right-of- way is available at this location. Refer to page 6 of 6, F. Site Drainage: Indicate what types of low impact development techniques will be employed within the proposed development. Also, delineate how much of the existing vegetation will be preserved as riparian buffers. All permanent storm water management facilities shall be highlighted in the MDP. Refer to page 6 of 6, G. Solid Waste Facilities: This discussion indicates that the homeowners' association (HOA) will be responsible for trash collection within the residential portion of the project. However, the proffer statement, paragraph 3.2 indicates, "if they decide to use a commercial collection company". This latter portion of item iii should be removed from the proffer statement, thereby making this a definite requirement of the HOA. Refer to page 3 of 7, proffer statement, paragraph 5.1: We applaud the use of BMP facilities. 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April 17, 2006 Page 4 Plannint & Zonina: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies this property as being zoned A-2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] T,and Ilse The site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The site is not within the limits of any small area plans in the Comprehensive Policy Plan. The land use plan identifies the entire Senseny Road corridor for residential uses. However, the Plan (6-72) does call for neighborhood business uses in the vicinity of residential areas. Given this key intersection of Senseny Road and Greenwood Road, and the existing 132 zoned properties at this intersection, developing the western portion of the Orrick property for neighborhood commercial development and the eastern portion for residential, if done in a compatible manner, could be consistent with the Comprehensive Policy Plan. The multi -family housing, in the center of the site, as proffered on the Generalized Development Plan, provides a transition between the retail portion of the site and the single family portion of the site. Siting elderly housing adjacent to retail/office uses is desirable, and with the safeguards called for in the Comprehensive Plan when multi -family units are adjacent to single family units, the mix of uses could be consistent with the Comprehensive Plan. While Senseny Road is not specifically a business corridor, the business design standards in the Comprehensive Plan are relevant to this application. The Plan calls for landscaping along the roadway, screening adjoining uses, and controlling the size, number and location of signs. Staff Note: The on -going Urban DevelopmentArea (UDA) Study has preliminarily designated this area for a neighborhood center. Before this could happen, community input would be Rezoning #04-06 — Orrick Cemetery, Inc. April 17, 2006 Page 5 sought, and policies and standards would need to be adopted. As these steps have not taken place, the general policies in the existing Comprehensive Plan, which call for high quality design and compatibility between uses and housing types would need to be followed. Given the lack of details concerning the residential portion of the site, the county will need to be confident that the multi family housing will be compatible with the existing single-family housing and that the commercial uses will be complementary with residential uses. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road and Greenwood Road as improved major collectors. This translates to a four -lane divided boulevard section, such as is being implemented with Warrior Drive. The idealized intersection design in the Comprehensive Plan (6-15) illustrates appropriate features including raised medians with landscaping, landscaping along the edge of the right-of-way, and sidewalks. The Frederick County Bicycle Plan designates Senseny Road as a short-term designated route. Staff Note: The applicant is partially implementing the Eastern Road Plan. On Senseny Road a new lane is being provided. However, the applicant has not committed to a road section with landscaping and a median. Along Greenwood Road, given the current road configuration and access needed for the Greenwood Fire and Rescue, a median in not proposed by the County at this time. The applicant should however, address landscaping on Greenwood Road. 3) Site Suitability/Environment No steep slopes exist on the property. No portion of this site is within the 100-year flood plain according to the Flood Insurance Study Map for Frederick County. U.S.G.S. maps show one stream and one pond on the property, both in the northeast corner. The applicant has prepared a Wetland Delineation Report and a Request for Jurisdictional Wetlands Determination. That report documented two wetlands in the southeast corner of the site and one circular ditch holding water, that is not a jurisdictional water of the U.S. The wetlands will be further analyzed further at the MDP and site plan stages. Some mature woodlands, which may form part of the landscape requirement, are located on the eastern portion of the site. The General Soil Map of the Soil Survey of Frederick Counly, Vir inia indicates that the soils comprising the subject parcel fall under the Weikert-Berks-Blairton soil association, which is the predominant association on land located east of Interstate 81. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. No soil types on this site are classified as prime farmland soil. 4) Potential Impacts A. Transportation Rezoning #04-06 — Orrick Cemetery, Inc. April 17, 2006 Page 6 Traffic Impact Analysis. A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. Two TIA addendums were also prepared. The first addendum (labeled Option B and numbered as pages 14a and 14b in the TIA) incorporates the alignment of the site entrance on Greenwood Road with Greenpark Drive. This is the proffered road alignment. The second addendum, dated April 5, 2006, models a different mix of uses than the original TIA. It models less retail floorspace but more office, more day-care and more overall floorspace (158,000 square feet) than originally modeled. The projected trip generation decreased slightly with this mix of commercial uses. Staff note: The precise mix of commercial uses and floorspace is not proffered. Only the maximum floorspace of 158, 000 square feet is proffered. Using traffic generation figures from the I.T.E. Trip Generation Manual, 7t" Edition, the revised TIA projects that the proposed development will produce 11,547 vehicle trips per day (VPD). The TIA further indicates that the study area roads and intersections have the capacity to accommodate the trips generated by the project at Level of Service C conditions or better, given the proffered improvements. Improvements to the intersection of Senseny Road and Channing Drive (turn lanes and signalization) have been proffered by the developers of the Channing land bays when the first site plan is submitted for their B2 area. The TIA shows level of Service D(F) at this intersection without the signalization proffered by others, but this failing level of service is reached with or without the Orrick development. B. Sewer and Water Water and sanitary sewer facilities are available via the Lynnehaven Subdivision to the east. The majority of the site will be served via gravity flow from west to east. Using the standards water consumption rates for single family attached/multi-family residential uses and general consumption/office uses, the proposed development is projected to consume approximately 59,200 GPD (gallons per day) of water and produce equivalent sewer flows. C. Community Facilities The applicant has proffered $475 for each residential unit to offset the impacts to community facilities. This amount is based the County's new Development Impact Model. It excludes the amount for schools because this is a proffered age -restricted community. Staff note: The impact model for Orrick was based on 55, 000 square feet of retail floorspace as this is proffered to be built prior to the occupancy of any residences The latest proffer statement includes a cash proffer of $475 per residential unit for capital facilities which is much different than the $2, 912 per unit originally proffered. The revision is based on the applicant's re-evaluation of the county's new Development Impact Model as it applies to age - restricted dwellings. • Rezoning #04-06 — Orrick Cemetery, Inc. April 17, 2006 Page 7 5) Proffer Statement — Dated December 6, 2005 and Revised April 13, 2006 Generalized Development Plan — Dated November 15, 2005 A) Land Use Commercial floorspace shall not exceed 159,000 square feet. A minimum of 55,000 square feet of commercial floorspace shall be constructed prior to occupancy of any residential dwelling. Adult retail uses are prohibited and car washes are prohibited adjacent to residential properties. All units will be age -restricted and will comprise a mix of single family and multi- family units. B) Homeowners Association The residential homeowners association (HOA) will own and maintain all common areas including a 3.5 acre park which, by proffer, will be open to the public. The HOA will be responsible for a common solid waste disposal program provided by a collection company. C) Transportation The applicant will install a traffic signal at the project entrance on Senseny Road, provide a left turn lane on eastbound Senseny Road at that entrance, and provide a new westbound lane on Senseny Road from the eastern end of the property to the intersection of Senseny Road and Greenwood Road. The applicant will install a new northbound lane on Greenwood Road from the intersection of Greenwood Road and Senseny Road to the project entrance on Greenwood Road. The applicant will install signalization at the entrance on Greenwood Road when requested by VDOT. All other road improvements to Senseny Road and Greenwood Road will be completed prior to occupancy of any commercial buildings. The applicant will dedicate an additional 10 feet of right-of-way on Senseny Road and 15 feet of right-of-way on Greenwood Road to VDOT, within 90 days of notice by the county. Access along Senseny Road and Greenwood Road will be limited to one entrance on each. The applicant will connect the residential and commercial portions of the site. The site access on Senseny Road will have a median with street trees at the entrance. Inter -parcel connectors with adjacent properties will be identified at the Master Development Plan (MDP) stage. Staff Note: The Eastern Road Plan calls for Senseny Road to be improved to a major collector. The county standards calls for a four lane divided section with landscaping along the edge of the right-of-way and a landscaped median. While sufficient right-of-way may not exist for a full median with trees, a portion of the median could be provided with this project such that a full median can be provided when the south side of Senseny Road develops. The applicant is encouraged to provide street trees along Senseny Road and Greenwood Road and on each side of the proffered boulevard entrance, consistent with earlier plans shown to staff and the county's own intersection design in the Comprehensive Policy Plan (6-15). Rezoning #04-06 — Orrick Cemetery, Inc. April 17, 2006 Page 8 The applicant has proffered to construct Farmington Boulevard on their property to base pavement, and bonded to final payment, prior to issuance of a certificate of occupancy for the first single family dwelling unit. D) Design Standards The principal facade and any other facade facing Senseny Road or Greenwood Road of any commercial building will be limited to a cast stone, stone, brick, formed concrete, glass, wood stucco or other masonry. All commercial buildings will have standing seam metal roofs. Staff Note: Earlier renderings presented to staff for this project showed buildings on the pad sites close to Senseny Road and Greenwood Road, with the parking lots hidden behind. Staff has encouraged the applicant to commit to this layout. Staff also has concerns with the use of formed concrete as a possible dominant building material. The multi -family units will have facades of brick, stone, simulated stone, wood, Hardishingle and/or Harditrim, or materials of comparable quality, Azek Trimboards, Fypon brackets and/or cornice details, stucco and glass. The apartment structures will incorporate non -symmetrical massing, bays and columned porches, as generally depicted on the conceptual drawings identified as Exhibit A and Exhibit B. Staff note: As stated earlier, the county will want to be assured that the multi family units are compatible with the surrounding single family units. The design proffers are vague and the proffered conceptual drawings lack detail. Staff is not convinced that a compatible design is guaranteed. E) Parks and Recreation The applicant will design and construct a 3.5 acre park to be open to the public, but owned and maintained by the residential homeowners association. The applicant will construct a 10 foot asphalt pedestrian bike trail along Senseny Road and Greenwood Road, prior to occupancy of any commercial building. Staff Note: It is unclear if the trail will be directly adjacent to the road or whether landscaping will be placed in between. The latter is encouraged for safety and aesthetic reasons. F) Si na e The applicant will limit freestanding entrance signs at the proposed entrances to a single monument style sign. Each of these signs shall be limited to 20 feet in height. Pylon signs will be prohibited on the site. Staff Note: Given the proximity of this site to residential uses, the applicant has been encouraged to consider signs with a reduced height and sign face. 0 Rezoning #04-06 — Orrick Cemetery, Inc. April 17, 2006 Page 9 G) Monetary Contribution For each residential unit the applicant has proffered: $248 for parks and recreation; $83 for fire and rescue; $ 3 7 for general government; $76 for public safety; and $31 for library; $475 for capital improvements, plus $1,500 for road improvements to Senseny Road and Greenwood Road. Staff Note: In the latest proffer statement, as compared to the original proffer statement, the applicant has reduced the amount of cash proffer for public facilities from $2, 912 to $475, per residential unit. This was based on the applicant's re-evaluation of the County's Development Impact Model. The applicant has increased the amount of the transportation cash proffer from $500 to $1,500, per unit. Recent rezonings in the Senseny Road area have proffered larger contributions toward road improvements. STAFF CONCLUSIONS FOR 05/03/06 PLANNING COMMISSION MEETING: This application is somewhat consistent with the Comprehensive Policy Plan. The County will need assurances that the multi -family units will be compatible with the neighboring single family homes. This can best be assured through more detailed design proffers. For the commercial component, the applicant should carefully consider road standards and corridor appearance standards concerning: 1.) a median on Senseny Road, 2.) street trees, 3.) the placement of buildings closer to the street, and 4.) reduced signage. This could become the county's first neighborhood center, but the county needs to be assured, based on its currents policies and standards, that the development is of a high quality and compatible with its surroundings. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planninga Commission. 0 REZONING APPL ICA TI6* '�h,� • ,w� i�i, i' tom." � � �, � ' � ` � �.. ' °,N sir. .�- i' •,� •A4 y "wow r. f «' � �S• `$ 3 �,\ ► � r �� Y �(" R fir' A y{ ��_ � ,F. Ka• •.f` ` ti� A'` t` f Ir w. Oty_ Erna Ex. time �y PR©JECT.SITEOf r '� r rr 51 'r MAR 1 0 ORRICK COMMONS Ir,J�oftWZ�llM Prepared By. Patton, Harris, Rust & Associates, pc 117 E Pm* St Vm&m , *gm 22601 M (540) 667-2139 FAX- (5/0) 665—W • • MAR ) Frederick County, Virginia ORRICK COMMONS REZONING APPLICATION AND SUPPORTING MATERIALS Red Bud Magisterial District March 2006 Prepared by: Patton Harris Rust & Associates, pc 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2139 Fax:540-665-0493 February 2006 0 0 Orrick Commons • • E Table of Contents I. Application II. Impact Analysis III. Proposed Proffer Statement IV. Review Agency Comments V. Survey Plat and Deed VI. Tax Ticket Februmy 2006 0 Orrick Commons • I. APPLICATION 0 0 0 • AMENDMENT Action: PLANNING COMMISSION: May 3, 2006 - Recommended Approval BOARD OF SUPERVISORS: June 28, 2006 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04-06 OF ORRICK CEMETERY, INC. WHEREAS, Rezoning 904-06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, for Mixed Use Commercial/Residential, was considered. The property is located on the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number (PIN) 55-A-201. WHEREAS, the Plamling Commission held a public hearing on this rezoning on May 3, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 24, 2006; 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 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, for Mixed Use Commercial/Residential, 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 4 17-06 0 • This ordinance shall be in effect on the date of adoption. Passed this 28th day of June, 2006 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST ?9 , %l" John iley, Jr. Frederick County Administrator PDRes 9 17-06 9 • Orrick Commons Proffer Statement PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA (Rural Areas) to RP (Residential Performance) 33.61 acres +/ and B2 (Business General) 22.06 acres +/- PROPERTY: 55.6708 Acres +/-; Tax Map Parcel 55-A 201 (the "Property") RECORD OWNER Orrick Cemetery Company, Inc. APPLICANT: Paramount Development Corporation JUN 9 2006 PROJECT NAME: Orrick Commons ORIGINAL DATE OF PROFFERS: December 6, 2005 REVISION DATE(S): February 13, 2006 March 22, 2006 April 13, 2006 May 12, 2006 May 24, 2006 June 2, 2006 The undersigned hereby proffers that the use and development of the subject property ("Propert-/'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP and B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons" dated November 15, 2005 revised May 12, 2006 (the "GDP"), and shall include the following: Page 1 of 9 Orrick Commons Proffer Statement LAND USE: 1.1 Commercial development on the Property shall not exceed a maximum of 158,000 square feet, in the location depicted on the GDP. 1.2 Residential development shall be provided as a mixture of single family and multi -family units, the mixture of which will be dictated by the Frederick County Code. The locations of the single family units and multi -family units shall be located as generally depicted on the GDP. 1.3 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age -restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. 5 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 1.4 Prior to occupancy of any residential dwelling, the applicant shall fully construct a minimum of 55,000 square feet of commercial building space as indicated on the GDP. 1.5 Adult retail uses shall be prohibited on the Property. Car washes shall be prohibited adjacent to residential properties. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Proffer Statement as approved by the Board. 3. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA') that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as maybe required for such HOA herein. Page 2 of 9 Orrick Commons Proffer Statement 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 4. WATER & SEWER 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. The cost of all water and sewer improvements will be borne by the Applicant. ENVIRONMENT: 5.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of anysuch facility. 5.2 The applicant shall preserve a minimum of 8,000 square feet as a tree save area in the location depicted on the GDP to protect the existing trees located in this area of the Property. Clearing or grading of said tree save area shall be prohibited. 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the The Applicant shall privately fund all transportation improvements required of this project. 6.2 The Applicant shall install a traffic signal at the project entrance on Senseny Road (Route 657). In addition to signalization improvements, the Applicant shall construct a left turn lane at said intersection for the eastbound lane of Senseny Road as well as a right turn lane for the westbound lane of Senseny Road. (See 1 on GDP). The lanes will be installed within existing right of ways. Page 3 of 9 • C� Orrick Commons Proffer Statement 6.3 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupany for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) 6.4 The Applicant shall design and construct a right turn lane for the westbound lane of Senseny Road (Route 657) at the intersection of Senseny Road and Greenwood Road (Route 656). (See 3 on GDP). Said turn lane shall be constructed from the proposed entrance on Senseny Road to the intersection of Senseny Road and Greenwood Road. Additionally, the Applicant shall install a right turn lane for the northbound lane of Greenwood Road (Route 656) to serve the proposed project entrance. 6.5 The Applicant shall dedicate 10 feet of additional right-of-way along Senseny Road (Route 657) and 15 feet of additional right-of-way along Greenwood Road (Route 656). Said right of ways shall be dedicated within 90 days of receiving written notice from Frederick County. 6.6 The Applicant shall construct an interconnected transportation network to connect the B2 and RP zoned portions of the Property for both vehicular and pedestrian traffic. Said pedestrian system shall be identified during the master development plan WP) and/or site development plan (SDP) process and shall include a connected sidewalk system within the commercial and residential portion of the Property. A connection between the commercial and residential portions of the Property shall be made in the location depicted on the GDP. (See 4 on GDP) 6.7 Transportation improvements along Senseny Road and Greenwood Road shall commence at the outset of construction of the commercial portion of the Property and shall be completed prior to occupancy of any commercial building. 6.8 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of a traffic signal at the proposed entrance on Greenwood Road. If or when, in the opinion of VDOT, a traffic signal is required, the Applicant shall construct a traffic signal at said entrance. The signal shall be installed within 180 days of receiving written notice from the Virginia Department of Transportation (See 5 on GDP). 6.9 Access to the commercial portion of the Property shall be limited to a single access point on Greenwood Road and a single access point on Senseny Road in the locations depicted on the GDP. Site access on Senseny Road shall be constructed utilizing a boulevard design that incorporates a landscaped median with street trees. Page 4 of 9 On ck Commons Proffer Statement 6.10 The Applicant shall work with County Staff and VDOT at the time of site plan review to install a raised, textured, concrete median on Senseny Road if deemed appropriate. The size and width of said median shall be determined by VD OT. 7. DESIGN STANDARDS 7.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Winchester and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal fagade in addition to any facade fronting Senseny Road and/or Greenwood Road of all commercial buildings shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for all commercial buildings. 7.2 All buildings within the commercial area of the Property shall incorporate standing seam metal roofing treatments as a unifying design element. 7.3 All facades of any multi -family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; Hardishingle and/or Harditrim, or material of comparable quality; Azek Trimboards; Fypon brackets and/or cornice details; stucco; glass. Any multi -family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.4 Any multi -family residential structures located on the Property shall incorporate non -symmetrical massing, bays, and columned porches to more effectively relate to surrounding properties as generally depicted on the conceptual drawings identified as Exhibit A and Exhibit B. PARKS AND RECREATION 8.1 The Applicant shall design and construct any necessary improvements for an approximately 3.5 acre park in the location depicted on the GDP to be included as part of the required open space for the residential portion of the Property. Park shall include, at minimum, walking trails and a water feature utilizing an existing pond. At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County for use by the general public. 8.2 The Applicant shall design and build a public pedestrian -bicycle trail to Department of Parks and Recreation standards in lieu of sidewalks along the Property frontage on both Senseny Road and Greenwood Road. Said trails Page 5 of 9 Orrick Commons Proffer Statement shall be 10 feet in width with an asphalt surface and shall be constructed in the locations generally depicted on the GDP prior to occupancy of any commercial building. The trail crossing of the proposed boulevard style entrance on Senseny Road shall be designed at the time of Site Plan to provide for a safe connection of the proposed trail. 8.3 The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each dwelling unit 9. LIGHTING PLAN 9.1 Low impact outdoor lighting meeting dark sky criteria will be utilized with a maximum pole height of 25 feet high using full cutoff luminaries. Floodlighting will be prohibited. 10. SIGNAGE 10.1 Freestanding commercial signage along Senseny Road and Greenwood Road shall be limited to a single monument style sign at each of the proposed entrances on said roads. Maximum height for said signs shall be 20 feet. 10.2 Pylon style signs shall be prohibited on the Property. 11. SOLID WASTE AND RECYCLING CONTAINERS 11.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 12. FIRE AND RESCUE 12.1 The Applicant shall contribute to the Board the sum of $166.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each dwelling unit. 13. GENERAL GOVERNMENT 13.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance of a building permit for each dwelling unit. 14. PUBLIC SAFETY 14.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of a building permit for each dwelling unit. Page 6 of 9 ! 0 Orrick Commons Proffer Statement 15. LIBRARY 15.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each dwelling unit. 16. FUTURE ROAD IMPROVEMENTS 16.1 The Applicant shall contribute to the Board the sum of $2,854.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of a building permit for each dwelling unit. 17. INTERPARCEL CONNECTIONS 17.1 Interparcel connections with adjacent properties shall be identified during the master development plan WP) process. 18. CORRIDOR ENHANCEMENTS 18.1 The Applicant shall locate street trees along the road frontage of both Senseny Road and Greenwood Road to enhance the visual characteristics of both corridors. Said street trees shall be planted a maximum of 40' apart. 19. INTERIOR LANDSCAPING 19.1 The Applicant shall landscape a minimum of 6% of the interior portions of parking lots for all parking located within the commercial area of the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 9 • 0 Orrick Commons Proffer Statement Respectfully submitted, Orrick Cemeteiy Company, Inc. Title:! e �� ty hF 11,6 STATE OF VIRGINIA, AT LARGE FREDERICK- COUNTY, To -wit: The foregoing instniment was acknowledged before me thisday of 1 lar , 2006, by --Dr, 08ncu 20� 5 My commission expires Notary Public Page 8 of 9 E 0 Orrick Commons Proffer Statement Paramount Development Corporation By: Title: TA--3 / pF'V—r " 0 -F4 STATE OF VIA, AT LARGE K COUNTY, To -wit: 4kV The for going instr un as of 12006 y My co ss'on ires I Notary Public Respectfully s tted, /6 me this day ids � Page 9 of 9 T o G� eeny, � ♦ 0 oa�oda ♦ ♦ D � O RM,ti O cT0 `•. r O �� / O1^> ♦1 Tree Save Area 0 03.5 Acre SINGLE FAMILY � Gommumty Park O 55,000 SF m / Commercial (Age Restricted) To z � � o© ntrance (TOTAL RESIDENTIAL = 33.61 Acres) �u Proposed Pedestrian- Commerical O *Asst` Bicyce Trail COMMERCIAL Residential (22.06 Acres) Connection MULTI -FAMILY ' (Age Restricted) / ••� , i O ` © Signalized Entrance I JE�t. gs] see NSENY RDAD aWIAYICSCALE Proposed Pedestrian -Bicycle Trail r e.urr Dmc" wevcr Add t•eee 5i °° PS P.tten Nerrle Rust 4 A..ea l.t.e,PD FORRICK COMMONS a Engineer.. Surveyors. Plamere. Lon Escape ArCAltecte. iNP �RO.f MR[R 15. 2005 rGENERALIZED DEVELOPMENT PLAN c"tt.FD Fc�C + 'v�". _ PRS MS na W. eo. aswr,au oArz oKmmeo +wro >.e.«��+ FREDERICK COUNTY, VIRGINIA s""' 1 OF 1 0 0 EXHIBIT A 4"1 r. Ylt tz Multi —family housing — ��11; V. �( r �(:, ;'iJ% i" 4"..1 i., ✓ . � , r � r l 1).� z. '�ti br- ��'.:� ( ,'•� � ' � �: y� (,' � y ,Y� c,i(fi, � �; Y Iry v '� � •-y ,tiAhA. ' �;�. ',. w� i l/ i 'J7t�:,4 ` 'S a•.�+ I.~ _� r rr4 �� cr �Yr.y � • i 1 ..� 1 .� '` r EXHIBIT B Applicant: Residential Units (number) SFD SFA MFD Non -Residential (sq. ft.) Retail Office OUTPUT MODULE Orrick Commons 184 Units 92 0 92 55,000 Sq. Ft. 55,000 Sq. Ft. 0 Sq. Ft. Total capital facilities impacts to mitigate $ 2,976,608 Total revenue from commercial component $ 3,206,871 10 Year average of expenditures toward capital items 18% Revenue to assign as credit from commercial component $577,237 Total capital facilities impacts left to be mitigated $ 2,399,371 Total Cost of Total Net Cost of Capital Facilities Capital Facilities Per Unit Fire And Rescue $1 15,922 $93,442 $508 General Government — .............. ... $51,916 $41,848 $227 Public Safety $106,817 $86,102 $468 Library $43,278 $34,885 $190 Parks and Recreation $346,848 $279,586 $1,519 School Construction $2,31 1,828 $1,863,508 $10,128 Total $2,976,608 $2,399,371 $13,040 Orrick Commons P%(%r Statement PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA (Rural Areas) to RP (Residential Performance) 33.61 acres +/ and B2 (Business General) 22.06 acres +/- PROPERTY: 55.6708 Acres +/-; Tax Map Parcel 55-A 201 (the "Property') RECORD OWNER Orrick Cemetery Company, Inc. APPLICANT: Paramount Development Corporation PROJECT NAME: Orrick Commons ORIGINAL DATE OF PROFFERS: December 6, 2005 REVISION DATE(S): February 13, 2006 March 22, 2006 April 13, 2006 May 12, 2006 May 24, 2006 The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP and B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons" dated November 15, 2005 revised May 12, 2006 (the "GDP"), and shall include the following: Page 1 of 9 • NOT G U IZIZJNT Omck Commons Proffer Statement _"IT 1. 1.1 Commercial development on the Property shall not exceed a maximum of 158,000 square feet, in the location depicted on the GDP. 1.2 Residential development shall be provided as a mixture of single family and multi -family units, the mixture of which will be dictated by the Frederick County Code. The locations of the single family units and multi -family units shall be located as generally depicted on the GDP. 1.3 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age -restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 1.4 Prior to occupancy of any residential dwelling, the applicant shall fully construct a minimum of 55,000 square feet of commercial building space as indicated on the GDP. 1.5 Adult retail uses shall be prohibited on the Property. Car washes shall be prohibited adjacent to residential properties. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Proffer Statement as approved by the Board. 3. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. Page 2 of 9 • NOT CURRIENT Om,k Conunon.i ProflerStatement 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 4. WATER & SEWER 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. The cost of all water and sewer improvements will be borne by the Applicant. 5. ENVIRONMENT: 5.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 5.2 The applicant shall preserve a minimum of 8,000 square feet as a tree save area in the location depicted on the GDP to protect the existing trees located in this area of the Property. Clearing or grading of said tree save area shall be prohibited. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property" prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the The Applicant shall privately fund all transportation improvements required of this project. 6.2 The Applicant shall install a traffic signal at the project entrance on Senseny Road (Route 657). In addition to signalization improvements, the Applicant shall construct a left turn lane at said intersection for the eastbound lane of Senseny Road as well as a right turn lane for the westbound lane of Senseny Road. (See 1 on GDP). The lanes will be installed within existing right of ways. Page 3 of 9 • • NOT CURRENT Orrick Commons Proffer Statement 6.3 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupany for the fast single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) 6.4 The Applicant shall design and construct a right turn lane for the westbound lane of Senseny Road (Route 657) at the intersection of Senseny Road and Greenwood Road (Route 656). (See 3 on GDP). Said turn lane shall be constructed from the proposed entrance on Senseny Road to the intersection of Senseny Road and Greenwood Road. Additionally, the Applicant shall install a right turn lane for the northbound lane of Greenwood Road (Route 656) to serve the proposed project entrance. 6.5 The Applicant shall dedicate 10 feet of additional right-of-way along Senseny Road (Route 657) and 15 feet of additional right-of-way along Greenwood Road (Route 656). Said right of ways shall be dedicated within 90 days of receiving written notice from Frederick County. 6.6 The Applicant shall construct an interconnected transportation network to connect the B2 and RP zoned portions of the Property for both vehicular and pedestrian traffic. Said pedestrian system shall be identified during the master development plan WP) and/or site development plan (SDP) process and shall include a connected sidewalk system within the commercial and residential portion of the Property. A connection between the commercial and residential portions of the Property shall be made in the location depicted on the GDP. (See 4 on GDP) 6.7 Transportation improvements along Senseny Road and Greenwood Road shall commence at the outset of construction of the commercial portion of the Property and shall be completed prior to occupancy of any commercial building. 6.8 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of a traffic signal at the proposed entrance on Greenwood Road. If or when, in the opinion of VDOT, a traffic signal is required, the Applicant shall construct a traffic signal at said entrance. The signal shall be installed within 180 days of receiving written notice from the Virginia Department of Transportation (See 5 on GDP). 6.9 Access to the commercial portion of the Property shall be limited to a single access point on Greenwood Road and a single access point on Senseny Road in the locations depicted on the GDP. Site access on Senseny Road shall be constructed utilizing a boulevard design that incorporates a landscaped median with street trees. Page 4 of 9 • NOT CUppr,NT Orrick Commons Proffer Statement 7. DESIGN STANDARDS 7.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Winchester and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal facade in addition to any facade fronting Senseny Road and/or Greenwood Road of all commercial buildings shall be limited to one or a combination of the following materials: cast stone, stone, brick, formed concrete, glass, wood, stucco or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for all commercial buildings. 7.2 All buildings within the commercial area of the Property shall incorporate standing seam metal roofing treatments as a unifying design element. 7.3 All facades of any multi -family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; Hardishingle and/or Harditrim, or material of comparable quality; Azek Trimboards; Fypon brackets and/or cornice details; stucco; glass. Any multi -family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.4 Any multi -family residential structures located on the Property shall incorporate non -symmetrical massing, bays, and columned porches to more effectively relate to surrounding properties as generally depicted on the conceptual drawings identified as Exhibit A and Exhibit B. 8. PARKS AND RECREATION 8.1 The Applicant shall design and construct any necessary improvements for an approximately 3.5 acre park in the location depicted on the GDP to be included as part of the required open space for the residential portion of the Property. Park shall include, at minimum, walking trails and a water feature utilizing an existing pond. At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County for use by the general public. 8.2 The Applicant shall design and build a public pedestrian -bicycle trail to Department of Parks and Recreation standards in lieu of sidewalks along the Property frontage on both Senseny Road and Greenwood Road. Said trails shall be 10 feet in width with an asphalt surface and shall be constructed in the locations generally depicted on the GDP prior to occupancy of any commercial building. The trail crossing of the proposed boulevard style Page 5 of 9 C� • NOT CURB E1V,' Orrick Caarmons Proffer Statement entrance on Senseny Road shall be designed at the time of Site Plan to provide for a safe connection of the proposed trail. 8.3 The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each dwelling unit 9. LIGHTING PLAN 9.1 Low impact outdoor lighting meeting dark sky criteria will be utilized with a maximum pole height of 25 feet high using full cutoff luminaries. Floodlighting will be prohibited. 10. SIGNAGE 10.1 Freestanding commercial signage along Senseny Road and Greenwood Road shall be limited to a single monument style sign at each of the proposed entrances on said roads. Maximum height for said signs shall be 20 feet. 10.2 Pylon style signs shall be prohibited on the Property. 11. SOLID WASTE AND RECYCLING CONTAINERS 11.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 12. FIRE AND RESCUE 12.1 The Applicant shall contribute to the Board the sum of $83.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each dwelling unit. 13. GENERAL GOVERNMENT 13.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance of a building permit for each dwelling unit. 14. PUBLIC SAFETY 14.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of a building permit for each dwelling unit. Page 6 of 9 • NOT CURRENT Ormk C onjmoni PrgljerSlalemenl 15. LIBRARY 15.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each dwelling unit. 16. FUTURE ROAD IMPROVEMENTS 16.1 The Applicant shall contribute to the Board the sum of $1,500.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of a building permlit for each dwelling unit. 17. INTE RPARCE L CONNECTIONS 17.1 Interparcel connections with adjacent properties shall be identified during the master development plan (MDP) process. 18. CORRIDOR ENHANCEMENTS 18.1 The Applicant shall locate street trees along the road frontage of both Senseny Road and Greenwood Road to enhance the visual characteristics of both corridors. Said street trees shall be planted a maximum of 40' apart. 19. INTERIOR LANDSCAPING 19.1 The Applicant shall landscape a minimum of 6% of the interior portions of parking lots for all parking located within the commercial area of the Property. Page 7 of 9 0 46 NOT CURRENT 017�'.(-. (,01171'fo,7,; Proffer Statement Respectfully submitted, Orrick Cemetery Company, Inc. By: .S Title: �j//� [ �iE.yt (P STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: %_ The foregoing instrument was acknowledged before me thiszday of _ , 2006, by My commission expires r Notary Public ` Page 8 of 9 0 NOT CURRENT Orrick Commons Proffer Statement Paramount Development Corporation Title: (9Ree I "i 140 J STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: h The foregoing instrument was acknowledged before me this Z- -) day of , 2006, by u 1,A E . Hn r v Jr My commission expires , �{ �jG , ? QO —1 Notary Public Respectfully submitted, Page 9 of 9 • NOT CURRENTO Orrick Commons Progj r �(en! 2 200f ' L PROPOSED PROFFER STATEMENT REZONING: RZ. #f : RA (Rural Areas) to RP (Residential Performance) 33.61 acres +/ and B2 (Business General) 22.06 acres PROPERTY: 55.6708 Acres +/-; Tax Map Parcel 55-A 201 (the "Property") RECORD OWNER Orrick Cemetery Company, Inc. APPLICANT: Paramount Development Corporation PROJECT NAME: Orrick Commons ORIGINAL DATE OF PROFFERS: December 6, 2005 REVISION DATE(S): February 13, 2006 March 22, 2006 April 13, 2006 May 12, 2006 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP and B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons" dated November 15, 2005 revised May 12, 2006 (the "GDP"), and shall include the following: Page 1 of 9 • POT c • �RE� Orrick Commons Proffer Statement 1. LAND USE: 1.1 Commercial development on the Property shall not exceed a maximum of 158,000 square feet, in the location depicted on the GDP. 1.2 Residential development shall be provided as a mixture of single family and multi -family units, the mixture of which will be dictated by the Frederick County Code. The locations of the single family units and multi -family units shall be located as generally depicted on the GDP. 1.3 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age -restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 1.4 Prior to occupancy of any residential dwelling, the applicant shall fully construct a minimum of 55,000 square feet of commercial building space as indicated on the GDP. 1.5 Adult retail uses shall be prohibited on the Property. Car washes shall be prohibited adjacent to residential properties. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Proffer Statement as approved by the Board. 3. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA') that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. Page 2 of 9 0 NOT CURRENT 0 Orrick Commons Proffer Statement 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 4. WATER & SEWER 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. The cost of all water and sewer improvements will be borne by the Applicant. 5. ENVIRONMENT: 5.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, Fast Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 5.2 The applicant shall preserve a minimum of 8,000 square feet as a tree save area in the location depicted on the GDP to protect the existing trees located in this area of the Property. Clearing or grading of said tree save area shall be prohibited. 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the "TIA" ). The Applicant shall privately fund all transportation improvements required of this project. 6.2 The Applicant shall install a traffic signal at the project entrance on Senseny Road (Route 657). In addition to signalization improvements, the Applicant shall construct a left turn lane at said intersection for the eastbound lane of Senseny Road as well as a right turn lane for the westbound lane of Senseny Road. (See 1 on GDP). The lanes will be installed within existing right of ways. Page 3 of 9 • NQT CURRENT Orrick Commons Proffer Statement 6.3 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupany for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) 6.4 The Applicant shall design and construct a right turn lane for the westbound lane of Senseny Road (Route 657) at the intersection of Senseny Road and Greenwood Road (Route 656). (See 3 on GDP). Said turn lane shall be constructed from the proposed entrance on Senseny Road to the intersection of Senseny Road and Greenwood Road. Additionally, the Applicant shall install a right turn lane for the northbound lane of Greenwood Road (Route 656) to serve the proposed project entrance. 6.5 The Applicant shall dedicate 10 feet of additional right-of-way along Senseny Road (Route 657) and 15 feet of additional right-of-way along Greenwood Road (Route 656). Said right of ways shall be dedicated within 90 days of receiving written notice from Frederick County. 6.6 The Applicant shall construct an interconnected transportation network to connect the B2 and RP zoned portions of the Property for both vehicular and pedestrian traffic. Said pedestrian system shall be identified during the master development plan WP) and/or site development plan (SDP) process and shall include a connected sidewalk system within the commercial and residential portion of the Property. A connection between the commercial and residential portions of the Property shall be made in the location depicted on the GDP. (See 4 on GDP) 6.7 Transportation improvements along Senseny Road and Greenwood Road shall commence at the outset of construction of the commercial portion of the Property and shall be completed prior to occupancy of any commercial building. 6.8 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of a traffic signal at the proposed entrance on Greenwood Road. If or when, in the opinion of VDOT, a traffic signal is required, the Applicant shall construct a traffic signal at said entrance. The signal shall be installed within 180 days of receiving written notice from the Virginia Department of Transportation (See 5 on GDP). 6.9 Access to the commercial portion of the Property shall be limited to a single access point on Greenwood Road and a single access point on Senseny Road in the locations depicted on the GDP. Site access on Senseny Road shall be constructed utilizing a boulevard design that incorporates a landscaped median with street trees. Page 4 of 9 • . NOT CURRENT• Orrick Commons Proffer Statement 7. DESIGN STANDARDS 7.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Winchester and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal facade in addition to any facade fronting Senseny Road and/or Greenwood Road of all commercial buildings shall be limited to one or a combination of the following materials: cast stone, stone, brick, formed concrete, glass, wood, stucco or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for all commercial buildings. 7.2 All buildings within the commercial area of the Property shall incorporate standing seam metal roofing treatments as a unifying design element. 7.3 All facades of any multi -family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; Hardishingle and/or Harditrim, or material of comparable quality, Azek Trimboards; Fypon brackets and/or cornice details; stucco; glass. Any multi -family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.4 Any multi -family residential structures located on the Property shall incorporate non -symmetrical massing, bays, and columned porches to more effectively relate to surrounding properties as generally depicted on the conceptual drawings identified as Exhibit A and Exhibit B. 8. PARKS AND RECREATION 8.1 The Applicant shall design and construct any necessary improvements for an approximately 3.5 acre park in the location depicted on the GDP to be included as part of the required open space for the residential portion of the Property. Park shall include, at minimum, walking trails and a water feature utilizing an existing pond. At such time that both the Applicant and the Board find it to be in the best interest of the County, said park may be dedicated to the County for use by the general public. 8.2 The Applicant shall design and build a public pedestrian -bicycle trail to Department of Parks and Recreation standards in lieu of sidewalks along the Property frontage on both Senseny Road and Greenwood Road. Said trails shall be 10 feet in width with an asphalt surface and shall be constructed in the locations generally depicted on the GDP prior to occupancy of any commercial building. The trail crossing of the proposed boulevard style Page 5 of 9 • NOT CURRENT • Orrick Commons Pro&r Statement entrance on Senseny Road shall be designed at the time of Site Plan to provide for a safe connection of the proposed trail. 8.3 The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each dwelling unit 9. LIGHTING PLAN 9.1 Low impact outdoor lighting meeting dark sky criteria will be utilized with a maximum pole height of 25 feet high using full cutoff luminaries. Floodlighting will be prohibited. 10. SIGNAGE 10.1 Freestanding commercial signage along Senseny Road and Greenwood Road shall be limited to a single monument style sign at each of the proposed entrances on said roads. Maximum height for said signs shall be 20 feet. 10.2 Pylon style signs shall be prohibited on the Property. 11. SOLID WASTE AND RECYCLING CONTAINERS 11.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 12. FIRE AND RESCUE 12.1 The Applicant shall contribute to the Board the sum of $83.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each dwelling unit. 13. GENERAL GOVERNMENT 13.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance of a building permit for each dwelling unit. 14. PUBLIC SAFETY 14.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of a building permit for each dwelling unit. Page 6 of 9 • • NOT CURRENT 0mck Co�rrmous Prol)er Slalemeul 15. LIBRARY 15.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each dwelling unit. 16. FUTURE ROAD IMPROVEMENTS 16.1 The Applicant shall contribute to the Board the sum of $1,500.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of a building permit for each dwelling unit. 17. INTE RPARCE L CONNECTIONS 17.1 Interparcel connections with adjacent properties shall be identified during the master development plan (MDP) process. 18. CORRIDOR ENHANCEMENTS 18.1 The Applicant shall locate street trees along the road frontage of both Senseny Road and Greenwood Road to enhance the visual characteristics of both corridors. Said street trees shall be planted a maximum of 40' apart. Page 7 of 9 • NOARRENT Orrick Commons Proffer Statement Respectfully submitted, Orrick Cemetery Company, Inc. By. 404. s Title: C i� of P,w►11- STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this IL of , 2006, by C-A)n � Al- P"n S My co .7iliaj7 a(jd s� Notary Public Page 8 of 9 NOT CURRENT o►ykA cmmxi Phor S tamww Paramount Developrhent Corporation By: Title: -per/fir STATE OF VIRGLNLA, AT LARGE FREDERICK COUNT', To -aril: The forcgoing ingftummt was acknoatle*d before me this day of - 200b. by My commission arpires Notary Public Respectfully submitted pap 9of9 9T 39vd N3Wd0-13A3Q 1Nlowvavd 9EV019EEVB 6Z:TT 9e0Z/LT/S0 Orrick. (AflIM011S Pgpr Slulement PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA (Rural Areas) to RP (Residential Performance) 33.61 acres +/ and B2 (Business General) 22.06 acres +/- PROPERTY: 55.6708 Acres +/-; Tax Map Parcel 55-A 201 (the "Property') RECORD OWNER Orrick Cemetery Company, Inc. APPLICANT: Paramount Development Corporation AN 13 2W PROJECT NAME: Orrick Commons ORIGINAL DATE OF PROFFERS: December 6, 2005 REVISION DATE(S): February 13, 2006 March 22, 2006 April 13, 2006 The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP and B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons" dated November 15, 2005 (the "GDP"), and shall include the following: Page 1 of 9 • NOT CURRENT Orrick Commons Proffer Statement LAND USE: 1.1 Commercial development on the Property shall not exceed a maximum of 158,000 square feet, in the location depicted on the GDP. 1.2 Residential development shall be provided as a mixture of single family and multi -family units, the mixture of which will be dictated by the Frederick County Code. The locations of the single family units and multi -family units shall be located as generally depicted on the GDP. 1.3 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age -restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 1.4 Prior to occupancy of any residential dwelling, the applicant shall fully construct a minimum of 55,000 square feet of commercial building space as indicated on the GDP. 1.5 Adult retail uses shall be prohibited on the Property. Car washes shall be prohibited adjacent to residential properties. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Omck Commons Proffer Statement as approved by the Board. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. Page 2 of 9 • . NOT CURR2IVm Orrick Commons Proffer Statement 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 4. WATER & SEWER 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. The cost of all water and sewer improvements will be borne by the Applicant. 5. ENVIRONMENT: 5.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the "TIA" ). The Applicant shall privately fund all transportation improvements required of this project. 6.2 The Applicant shall install a traffic signal at the project entrance on Senseny Road (Route 657). In addition to signalization improvements, the Applicant shall construct a left turn lane at said intersection for the eastbound lane of Senseny Road as well as a right turn lane for the westbound lane of Senseny Road. (See 1 on GDP). The lanes will be installed within existing right of ways. 6.3 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupany for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) Page 3 of 9 • :NOT CLT,, rp Omck Commons Pro(Jer.Statement 6.4 The Applicant shall design and construct a right turn lane for the westbound lane of Senseny Road (Route 657) at the intersection of Senseny Road and Greenwood Road (Route 656). (See 3 on GDP). Said turn lane shall be constructed from the proposed entrance on Senseny Road to the intersection of Senseny Road and Greenwood Road. Additionally, the Applicant shall install a right turn lane for the northbound lane of Greenwood Road (Route 656) to serve the proposed project entrance. 6.5 The Applicant shall dedicate 10 feet of additional right-of-way along Senseny Road (Route 657) and 15 feet of additional right-of-way along Greenwood Road (Route 656). Said right of ways shall be dedicated within 90 days of receiving written notice from Frederick County. 6.6 The Applicant shall construct an interconnected transportation network to connect the B2 and RP zoned portions of the Property for both vehicular and pedestrian traffic. Said pedestrian system shall be identified during the master development plan (MDP) and/or site development plan (SDP) process and shall include a connected sidewalk system within the commercial and residential portion of the Property. A connection between the commercial and residential portions of the Property shall be made in the location depicted on the GDP. (See 4 on GDP) 6.7 Transportation improvements along Senseny Road and Greenwood Road shall commence at the outset of construction of the commercial portion of the Property and shall be completed prior to occupancy of any commercial building. 6.8 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of a traffic signal at the proposed entrance on Greenwood Road. If or when, in the opinion of VDOT, a traffic signal is required, the Applicant shall construct a traffic signal at said entrance. The signal shall be installed within 180 days of receiving written notice from the Virginia Department of Transportation (See 5 on GDP). 6.9 Access to the commercial portion of the Property shall be limited to a single access point on Greenwood Road and a single access point on Senseny Road in the locations depicted on the GDP. Site access on Senseny Road shall be constructed utilizing a boulevard design that incorporates a landscaped median with street trees. 7. DESIGN STANDARDS 7.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Winchester and will respect the Page 4 of 9 r� u NOT CURRET Orrick Commons Proffer Statement continuity and character of the existing architectural fabric of the surrounding community. The principal facade in addition to any facade fronting Senseny Road and/or Greenwood Road of all commercial buildings shall be limited to one or a combination of the following materials: cast stone, stone, brick, formed concrete, glass, wood, stucco or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for all commercial buildings. 7.2 All buildings within the commercial area of the Property shall incorporate standing seam metal roofing treatments as a unifying design element. 7.3 All facades of any multi -family residential structure located on the Property shall be constructed using a combination of any of the following materials: brick; stone, or simulated stone; wood; Hardishingle and/or Harditrim, or material of comparable quality; Azek Trimboards; Fypon brackets and/or cornice details; stucco; glass. Any multi -family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.4 Any multi -family residential structures located on the Property shall incorporate non -symmetrical massing, bays, and columned porches to more effectively relate to surrounding properties as generally depicted on the conceptual drawings identified as Exhibit A and Exhibit B. 8. PARKS AND RECREATION 8.1 The Applicant shall design and construct any necessary improvements for an approximately 3.5 acre park in the location depicted on the GDP to be included as part of the required open space for the residential portion of the Property. Park shall include, at minimum, walking trails and a water feature utilizing an existing pond. Said park shall be open to the public and shall be maintained by the Property HOA. 8.2 The Applicant shall design and build a public pedestrian -bicycle trail to Department of Parks and Recreation standards in lieu of sidewalks along the Property frontage on both Senseny Road and Greenwood Road. Said trails shall be 10 feet in width with an asphalt surface and shall be constructed in the locations generally depicted on the GDP prior to occupancy of any commercial building. The trail crossing of the proposed boulevard style entrance on Senseny Road shall be designed at the time of Site Plan to provide for a safe connection of the proposed trail. 8.3 The Applicant shall contribute to the Board the sum of $248.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each dwelling unit Page 5 of 9 TOT CURRENT Orrick Common PmjlerStalement 9. LIGHTING PLAN 9.1 Low impact outdoor lighting meeting dark sky griteria will be utilized with a maximum pole height of 25 feet high using full cutoff luminaries. Floodlighting will be prohibited. 10. SIGNAGE 10.1 Freestanding commercial signage along Senseny Road and Greenwood Road shall be limited to a single monument style sign at each of the proposed entrances on said roads. Maximum height for said signs shall be 20 feet. 10.2 Pylon style signs shall be prohibited on the Property. 11. SOLID WASTE AND RECYCLING CONTAINERS 11.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 12. FIRE AND RESCUE 12.1 The Applicant shall contribute to the Board the sum of $83.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each dwelling unit. 13. GENERAL GOVERNMENT 13.1 The Applicant shall contribute to the Board the sum of $37.00 per dwelling unit for general government purposes, payable upon the issuance of a building permit for each dwelling unit. 14. PUBLIC SAFETY 14.1 The Applicant shall contribute to the Board the sum of $76.00 per dwelling unit for public safety purposes, payable upon the issuance of a building permit for each dwelling unit. 15. LIBRARY 15.1 The Applicant shall contribute to the Board the sum of $31.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each dwelling unit. Page 6 of 9 11 • NOT CURRENT Omck Commons Pro&rSlalemenl 16. FUTURE ROAD IMPROVEMENT'S 16.1 The Applicant shall contribute to the Board the sum of $1,500.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of a building permit for each dwelling unit. 17. INTERPARCEL CONNECITONS 17.1 Interparcel connections with adjacent properties shall be identified during the master development plan (MDP) process. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 9 0 ,NOT CURRENT Orrick Commons Proffer Statement Respectfully submitted, Orrick Cemetery Company, Inc. i STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: of The foregoing instrument was acknowledged before me this , 2006, by My commission expires Notary Public day Page 8 of 9 • • NUT CURRANT o►ick CAWWW »3tsmww,.r Paramount Development Corporation By: Title: �l� ES / l7E�vt f ooTp &zoL-1,vA SPATE OF VUWAT LARGE J=eK COUI�7'IY, To -wit•. e for going instrumwwww of � 20a�y Myco Notary Put ►r�I/ Page 9 of 9 me this AU day 0, rn w O D NOT CURRENT T � 00 al�sa" tea.. i i3,5 Acre! / 55,000 SIF Community Park SINGLE FAMILY Commercial ` �� y (Age Restricted) / ntrance (TOTAL RESIDENTIAL = 33.61 Acres) Proposed Pedestrian- `Bicycle Trail COMMERCIAL Commerical - Residential (22.06 Acres) Connection MULTI -FAMILY ` / (Age Restricted) ii 'a% 7Z OO Signalized Entrance 1 /. \ SENSE 6 R0qO � s / Proposed Pedestrian -Bicycle Trail Paean Harris Rust 6 Aesacls�e., Pa ORRICK COMMONS Engineers. Surveyors. Planners. Landscope Archllecls. �^�•�� GENERALIZED DEVELOPMENT PLAN tR .. .. , No. pcscNsmw an. a,ero a.+ro Nsw a+n: r .' ass an FREDERICK COUNTY, VIRGINIA REVISION GNAPW/CSC.OLE prasw W+5 sumcv aswn 1WP o.*c NOVELBEF IS, 1005 oeamOF sr.� S1QT r1F ND. ' Patton Harri*ust & Associates, pc 40 L.nyln..en )Ili I, 1,,, i , I tw- I, ri PHR t� CORPORATE: Chantilly VIRGINIA OFFICES'. Chantilly Bridgewater Fredericksburg Leesburg Richmond Virginia Beach Winchester Woodbridge LABORATORIES Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Volley WEST VIRGINIA OFFICE: nAaltrn Sburg R 3 0 March 29, 2006 Frederick County Planning Commission Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: ORRICK COMMONS REVISED PROFFER STATEMENT Dear Members of the Frederick County Planning Commission: Discussions with County Staff have prompted a revision to the proposed proffer statement for the Orrick Commons rezoning application scheduled for a public hearing at the April 5'' Planning Commission meeting. The changes to the proffer are relatively small in scale, and are intended to solidify the intent of the original proffer statement. I have included a copy of the revised proffer statement for your review. County Staff has also received a copy for review. The following is a description of the changes made to the most recent proffer statement dated March 22, 2006: ORRICK PROFFER CHANGES Proffer headings lack specified acreages The proffer statement has been amended for the commercial and residential to reflect the acreages intended to be portions of the property. rezoned for commercial and residential uses. 3.2 Does not directly provide for solid The proffers have been amended to waste disposal by a commercial collection stipulate that the HOA shall be company. Only if chosen by the HOA. responsible for a common solid waste disposal program provided by a commercial collection company. 6.3 Lack of a trigger for the construction Revised proffer statement specifies that of Farmington Boulevard through the Farmington Boulevard shall be residential portion of the project. constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupancy for the first single family dwelling unit. T 540.667 2139 F 540.665.0493 1 17 East Piccadilly SIIeeI W'mchesler, VA 22601 Orrick Commons March 29, 2006 Page 2 of 2 6.5 Lack of a trigger for the dedication The proffers have been amended to of right of way along Senseny Road and Greenwood Road. specify that additional right of way along Senseny Road and Greenwood Road will be dedicated within 90 days of receiving written request from the County. 7.3 & 7.4 The use of the word "Multi -family residential' has replaced "apartment" for design standard brings into question the types of housing that "apartment." This ensures that the proffer relates to any residential structure that is these standards apply to. not of the single family variety and also corresponds to the wording used on the proffered generalized development plan. 8.2 A timeframe for the construction of Amended proffer statement identifies that the public pedestrian -bicycle trail along the trail shall be constructed during the Senseny and Greenwood is not specified. first phase of the project prior to occupancy of any commercial building. 10.1 Proffer, as written, could allow for Proffers have been amended to ensure the construction of multiple monument that only one monument style sign may be style signs at the entrances to the constructed at each of the two entrances commercial portion of the Property. to the commercial area of the site. Sincerely, Patton Harris Rust & Associ tes Patrick R. Sowers PRS Enclosure Revised Proffer Statement cc: Susan Eddy, Frederick County Planning P:\Planzzing\AeZozzirzgAppkcations\Frederick County\Paralliount-Orrick\PC Pro erflmendLetter 032806.doc Orrick Connuons Proffer Statement PROPOSED PROFFER STATEMENT REZONING: RZ. #: RA (Rural Areas) to RP (Residential Performance) 33.61 acres +/- and B2 (Business General) 22.06 acres +/- PROPERTY: 55.6708 Acres +/-; Tax Map Parcel 55-A-201 (the "Property") RECORD OWNER: Orrick Cemetery Company, Inc. APPLICANT: Paramount Development Corporation PROJECT NAME: Orrick Commons ORIGINAL DATE OF PROFFERS: December 6, 2005 REVISION DATE(S): February 13, 2006 March 22, 2006 The undersigned hereby proffers that the use and development of the subject property (`Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP and B2 conditional rezoning is not granted as applied for by the applicant (`Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Quick Commons" dated November 15, 2005 (the ."GDP"), and shall include the following: Page 1 of 9 0 u Orrick Commons Proffer Statement LAND USE: 1.1 Commercial development on the Property shall not exceed a maximum of 158,000 square feet, in the location depicted on the GDP. 1.2 Residential development shall be provided as a mixture of single family and multi -family units, the mixture of which will be dictated by the Frederick County Code. The locations of the single family units and multi -family units shall be located as generally depicted on the GDP. 1.3 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age -restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 1.4 Prior to occupancy of any residential dwelling, the applicant shall fully construct a minimum of 55,000 square feet of commercial building space as indicated on the GDP. 1.5 Adult retail uses shall be prohibited on the Property. Car washes shall be prohibited adjacent to residential properties. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Proffer Statement as approved by the Board. 3. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shallbe responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. Page 2 of 9 C� El OrnCk Comnioils Proffer Statement 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; iii common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 4. WATER & SEWER: 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. The cost of all water and sewer improvements will be borne by the Applicant. 5. ENVIRONMENT: 5.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Storrnwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the "TIA"). The Applicant shall privately fund all transportation improvements required of this project. 6.2 The Applicant shall install a traffic signal at the project entrance on Senseny Road (Route 657). In addition to signalization improvements, the Applicant shall construct a left turn lane at said intersection for the eastbound lane of Senseny Road as well as a right turn lane for the westbound lane of Senseny Road. (See 1 on GDP). The lanes will be installed within existing right of ways. 6.3 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occutianv for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) Page 3 of 9 • Orrick Commons Proffer Statement 6.4 The Applicant shall design and construct a right turn lane for the westbound lane of Senseny Road (Route 657) at the intersection of Senseny Road and Greenwood Road (Route 656). (See 3 on GDP). Said turn lane shall be constructed from the proposed entrance- on Senseny Road to the intersection of Senseny Road and Greenwood Road. Additionally, the Applicant shall install a right turn lane for the northbound lane of Greenwood Road (Route 656) to serve the proposed project entrance. 6.5 The Applicant shall dedicate 10 feet of additional right-of-way along Senseny Road (Route 657) and 15 feet of additional tight -of -way along Greenwood Road (Route 656). Said right of ways shall be dedicated within 90 days of receiving written notice from Frederick County. 6.6 The Applicant shall construct an interconnected transportation network to connect the B2 and RP zoned portions of the Property for both vehicular and pedestrian traffic. Said pedestrian system shall be identified during the master development plan (1VIDP) and/or site development plan (SDP) process and shall include a connected sidewalk system within the commercial and residential portion of the Property. A connection between the commercial and residential portions of the Property shall be made in the location depicted on the GDP. (See 4 on GDP) 6.7 Transportation improvements along Senseny Road and Greenwood Road shall commence at the outset of construction of the commercial portion of the Property and shall be completed prior to occupancy of any commercial building. 6.8 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of a traffic signal at the proposed entrance on Greenwood Road. If or when, in the opinion of VDOT, a traffic signal is required, the Applicant shall construct a traffic signal at said entrance. The signal shall be installed within 180 days of receiving written notice from the Virginia Department of Transportation (See 5 on GDP). 6.9 Access to the commercial portion of the Property shall be limited to a single access point on Greenwood Road and a single access point on Senseny Road in the locations depicted on the GDP. Site access on Senseny Road shall be constructed utilizing a boulevard design that incorporates a landscaped median with street trees. 7. DESIGN STANDARDS 7.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Winchester and will respect the Page 4 of 9 E • Orrick Connnorrs Proffer Statement continuity and character of the existing architectural fabric of the surrounding conununity. The principal facade in addition to any facade fronting Senseny Road and/or Greenwood Road of all commercial buildings shall be limited to one or a combination of the following materials: cast stone, stone, brick, formed concrete, glass, wood, stucco or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for all commercial buildings. 7.2 All buildings within the commercial area of the Property shall incorporate standing seam metal roofing treatments as a unifying design element. 7.3 All facades of any multi -family residential structure located on the Property shall be constructed using a combination of the following materials: stone, brick, smooth face block, wood, cement board siding,. stucco, and glass. Any multi -family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.4 Any multi -family residential structures located on the Property shall incorporate non -symmetrical massing, bays, and columned porches to more effectively relate to surrounding properties. PARKS AND RECREATION 8.1 The Applicant shall design and construct any necessary improvements for an approximately 3.5 acre park in the location depicted on the GDP to be included as part of the required open space for the residential portion of the Property. Park shall include, at minimum, walking trails and a water feature utilizing an existing pond. Said park shall be open to the public and shall be maintained by the Property HOA. 8.2 The Applicant shall design and build a public pedestrian -bicycle trail to Department of Parks and Recreation standards in lieu of sidewalks along the Property frontage on both Senseny Road and Greenwood Road. Said trails shall be 10 feet in width with an asphalt surface and shall be constructed in the locations generally depicted on the GDP prior to occupancy of any commercial building. The trail crossing of the proposed boulevard style entrance on Senseny Road shall be designed at the time of Site Plan to provide for a safe connection of the proposed trail. 8.3 The Applicant shall contribute to the Board the suin of $1,519.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each dwelling unit Page 5 of 9 • Orric;k Commons Proffer Statement 9. LIGHTING PLAN 9.1 Low impact outdoor lighting meeting dark sky criteria will be utilized with a maximum pole height of 25 feet high using full cutoff luminaries. Floodlighting will be prohibited. 10. SIGNAGE 10.1 Freestanding commercial signage along Senseny Road and Greenwood Road shall be limited to a single monument style sign at each of the proposed entrances on said roads. Maximum height for said signs shall be 20 feet. 10.2 Pylon style signs shall be prohibited on the Property. 11. SOLID WASTE AND RECYCLING CONTAINERS 11.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 12. FIRE AND RESCUE 12.1 The Applicant shall contribute to the Board the sum of 5508.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each dwelling unit. 13. GENERAL GOVERNMENT 13.1 The Applicant shall contribute to the Board the sum of $227.00 per dwelling unit for general government purposes, payable upon the issuance of a building permit for each dwelling unit. 14. PUBLIC SAFETY 14.1 The Applicant shall contribute to the Board the sum of $468.00 per dwelling unit for public safety purposes, payable upon the issuance of a building permit for each dwelling unit. 15. LIBRARY 15.1 The Applicant shall contribute to the Board the sum of $190.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each dwelling unit. Page 6 of 9 • C Orrick Comvions Proffer Statement 16. FUTURE ROAD IMPROVEMENTS 16.1 The Applicant shall contribute to the Board the sum of $500.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of a building permit for each dwelling unit. 17. Interparcel Connections 17.1 Interparcel connections with adjacent properties shall be identified during the master development plan (MDP) process. Page 7 of 9 0 V OT CURFEr1r Orrick Commons Proffer Statement PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA (Rural Areas) to RP (Residential Performance) 22.06 acres +/- and B2 (Business General) 33.61 acres +/- PROPERTY: 55.6708 Acres +/-; Tax Map Parcel 55-A 201 (the "Property') RECORD OWNER Orrick Cemetery Company, Inc. APPLICANT: Paramount Development Corporation PROJECT NAME: Orrick Commons ORIGINAL DATE OF PROFFERS: December 6, 2005 REVISION DATE(S): February 13, 2006 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP and B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons" dated November 15, 2005 (the "GDP"), and shall include the following: 900- Z Z 80 Page 1 of 9 Ar-6,9,j eo�- A-c, (c4c- �or ii'\C(uS lo,(, � n f a c I,-r -¢--. • NOT CURRENT Orri4 Commons Pm(%r Statement 1. LAND USE: 1.1 Commercial development on the Property shall not exceed a maximum of 158,000 square feet, in the location depicted on the GDP. 1.2 Residential development shall be provided as a mixture of single family and multi -family units, the mixture of which will be dictated by the Frederick County Code. The locations of the single family units and multi -family units shall be located as generally depicted on the GDP. 1.3 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age -restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 1.4 Prior to occupancy of any residential dwelling, the applicant shall fully construct a minimum of 55,000 square feet of commercial building space as indicated on the GDP. 1.5 Adult retail uses shall be prohibited on the Property. Car washes shall be prohibited adjacent to residential properties. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Proffer Statement as approved by the Board. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as maybe required for such HOA herein. Page 2 of 9 • INOT CURRENT Omck Commons Proffer Statement 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (1) common solid waste disposal program provided by a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 4. WATER & SEWER 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. The cost of all water and sewer improvements will be borne by the Applicant. 5. ENVIRONMENT: 5.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, Fast Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 6. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the "TIA" ). The Applicant shall privately fund all transportation improvements required of this project. 6.2 The Applicant shall install a traffic signal at the project entrance on Senseny Road (Route 657). In addition to signalization improvements, the Applicant shall construct a left turn lane at said intersection for the eastbound lane of Senseny Road as well as a right turn lane for the westbound lane of Senseny Road. (See 1 on GDP). The lanes will be installed within existing right of ways. 6.3 The extension of Farmington Boulevard through the project shall be designed and constructed to base pavement and bonded to final pavement prior to issuance of a certificate of occupany for the first single family dwelling unit. Design of Farmington Boulevard shall include traffic calming measures acceptable to VDOT. (See 2 on GDP) Page 3 of 9 NOT C Orrick Commons Proffer Statement 6.4 The Applicant shall design and construct a right turn lane for the westbound lane of Senseny Road (Route 657) at the intersection of Senseny Road and Greenwood Road (Route 656). (See 3 on GDP). Said turn lane shall be constructed from the proposed entrance on Senseny Road to the intersection of Senseny Road and Greenwood Road. Additionally, the Applicant shall install a right turn lane for the northbound lane of Greenwood Road (Route 656) to serve the proposed project entrance. 6.5 The Applicant shall dedicate 10 feet of additional right-of-way along Senseny Road (Route 657) and 15 feet of additional right-of-way along Greenwood Road (Route 656). Said right of ways shall be dedicated within 90 days of receiving written notice from Frederick County. 6.6 The Applicant shall construct an interconnected transportation network to connect the B2 and RP zoned portions of the Property for both vehicular and pedestrian traffic. Said pedestrian system shall be identified during the master development plan (MOP) and/or site development plan (SDP) process and shall include a connected sidewalk system within the commercial and residential portion of the Property. A connection between the commercial and residential portions of the Property shall be made in the location depicted on the GDP. (See 4 on GDP) 6.7 Transportation improvements along Senseny Road and Greenwood Road shall commence at the outset of construction of the commercial portion of the Property and shall be completed prior to occupancy of any commercial building. 6.8 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of a traffic signal at the proposed entrance on Greenwood Road. If or when, in the opinion of VDOT, a traffic signal is required, the Applicant shall construct a traffic signal at said entrance. The signal shall be installed within 180 days of receiving written notice from the Virginia Department of Transportation (See 5 on GDP). 6.9 Access to the commercial portion of the Property shall be limited to a single access point on Greenwood Road and a single access point on Senseny Road in the locations depicted on the GDP. Site access on Senseny Road shall be constructed utilizing a boulevard design that incorporates a landscaped median with street trees. 7. DESIGN STANDARDS 7.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Winchester and will respect the Page 4 of 9 • 0 . WT C V jtrl N Orrick Commons Proffer Statement continuity and character of the existing architectural fabric of the surrounding community. The principal facade in addition to any facade fronting Senseny Road and/or Greenwood Road of all commercial buildings shall be limited to one or a combination of the following materials: cast stone, stone, brick, formed concrete, glass, wood, stucco or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for all commercial buildings. 7.2 All buildings within the commercial area of the Property shall incorporate standing seam metal roofing treatments as a unifying design element. 7.3 All facades of any multi -family residential structure located on the Property shall be constructed using a combination of the following materials: stone, brick, smooth face block, wood, cement board siding, stucco, and glass. Any multi -family residential building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.4 Any multi -family residential structures located on the Property shall incorporate non -symmetrical massing, bays, and columned porches to more effectively relate to surrounding properties. 8. PARKS AND RECREATION 8.1 The Applicant shall design and construct any necessary improvements for an approximately 3.5 acre park in the location depicted on the GDP to be included as part of the required open space for the residential portion of the Property. Park shall include, at minimum, walking trails and a water feature utilizing an existing pond. Said park shall be open to the public and shall be maintained by the Properly HOA 8.2 The Applicant shall design and build a public pedestrian -bicycle trail to Department of Parks and Recreation standards in lieu of sidewalks along the Property frontage on both Senseny Road and Greenwood Road. Said trails shall be 10 feet in width with an asphalt surface and shall be constructed in the locations generally depicted on the GDP prior to occupancy of any commercial building. The trail crossing of the proposed boulevard style entrance on Senseny Road shall be designed at the time of Site Plan to provide for a safe connection of the proposed trail. 8.3 The Applicant shall contribute to the Board the sum of $1,519.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each dwelling unit Page 5 of 9 Orrick Commons Pgj%r Slalemeni 9. LIGHTING PLAN 9.1 Low impact outdoor lighting meeting dark sky criteria will be utilized with a maximum pole height of 25 feet high using full cutoff luminaries. Floodlighting will be prohibited. 10. SIGNAGE 10.1 Freestanding commercial signage along Senseny Road and Greenwood Road shall be limited to a single monument style sign at each of the proposed entrances on said roads. Maximum height for said signs shall be 20 feet. 10.2 Pylon style signs shall be prohibited on the Property. 11. SOLID WASTE AND RECYCLING CONTAINERS 11.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. ►IDIKA orks)0l 12.1 The Applicant shall contribute to the Board the sum of $508.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each dwelling unit. 13. GENERAL GOVERNMENT 13.1 The Applicant shall contribute to the Board the sum of $227.00 per dwelling unit for general government purposes, payable upon the issuance of a building permit for each dwelling unit. 14. PUBLIC SAFETY 14.1 The Applicant shall contribute to the Board the sum of $468.00 per dwelling unit for public safety purposes, payable upon the issuance of a building permit for each dwelling unit. 16110 0 HW1.1061IV1 15.1 The Applicant shall contribute to the Board the sum of $190.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each dwelling unit. Page 6 of 9 OrTiCk Commons ProOerSlalemeul 16. FUTURE ROAD IMPROVEMENTS 16.1 The Applicant shall contribute to the Board the sum of $500.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of a building permit for each dwelling unit. 17. Interparcel Connections 17.1 Interparcel connections with adjacent properties shall be identified during the master development plan WP) process. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 9 VAR 0 • Orrick Commonf Proffer Statement PROPOSED PROFFER STATEMENT REZONING: RZ. # : d-/-46RA (Rural Areas) to RP (Residential Performance) and B2 (Business General) PROPERTY: 55.6708 Acres +/-; Tax Map Parcel 55-A 201 (the "Property") RECORD OWNER Orrick Cemetery Company, Inc. APPLICANT: Paramount Development Corporation PROJECT NAME: Orrick Commons ORIGINAL DATE OF PROFFERS: December 6, 2005 REVISION DATE(S): February 13, 2006 The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP and B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Orrick Commons" dated November 15, 2005 (the "GDP"), and shall include the following: Page 1 of 9 Orrick Commons Prolkr Statement 1. LAND USE: 1.1 Commercial development on the Property shall not exceed a maximum of 158,000 square feet, in the location depicted on the GDP. 1.2 Residential development shall be provided as a mixture of single family and multi -family units, the mixture of which will be dictated by the Frederick County Code. The locations of the single family units and multi -family units shall be located as generally depicted on the GDP. 1.3 Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, all dwelling units shall be identified as "age -restricted" and shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 1.4 Prior to occupancy of any residential dwelling, the applicant shall fully construct a minimum of 55,000 square feet of commercial building space as indicated on the GDP. 1.5 Adult retail uses shall be prohibited on the Property. Car washes shall be prohibited adjacent to residential properties. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, design standards, and this Orrick Commons Proffer Statement as approved by the Board. 3. CREATION OF HOMEOWNERS' ASSOCIATION: 3.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. Page 2 of 9 • Orrick Commons ProNr Statement 3.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, if they decide to use a commercial collection company, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. WATER & SEWER: 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. The cost of all water and sewer improvements will be borne by the Applicant. ►I • NIUIN1 5.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, Fast Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. TRANSPORTATION: 6.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Orrick Property," prepared by Patton Harris Rust & Associates, dated October 11, 2005 (the "TIA"). The Applicant shall privately fund all transportation improvements required of this project. 6.2 The Applicant shall install a traffic signal at the project entrance on Senseny Road (Route 657). In addition to signalization improvements, the Applicant shall construct a left turn lane at said intersection for the eastbound lane of Senseny Road as well as a right turn lane for the westbound lane of Senseny Road. (See 1 on GDP). The lanes will be installed within existing right of ways. 6.3 The extension of Farmington Boulevard through the project shall be designed and constructed to include traffic calming measures acceptable to VDOT. (See 2 on GDP) Page 3 of 9 0 NOT CUPXZ, NT Orrick Commons Proffer Statement 6.4 The Applicant shall design and construct a right turn lane for the westbound lane of Senseny Road (Route 657) at the intersection of Senseny Road and Greenwood Road (Route 656). (See 3 on GDP). Said turn lane shall be constructed from the proposed entrance on Senseny Road to the intersection of Senseny Road and Greenwood Road. Additionally, the Applicant shall install a right turn lane for the northbound lane of Greenwood Road (Route 656) to serve the proposed project entrance. 6.5 The Applicant shall dedicate 10 feet of additional right-of-way along Senseny Road (Route 657) and 15 feet of additional right-of-way along Greenwood Road (Route 656). 6.6 The Applicant shall construct an interconnected transportation network to connect the B2 and RP zoned portions of the Property for both vehicular and pedestrian traffic. Said pedestrian system shall be identified during the master development plan (MDP) and/or site development plan (SDP) process and shall include a connected sidewalk system within the commercial and residential portion of the Property. A connection between the commercial and residential portions of the Property shall be made in the location depicted on the GDP. (See 4 on GDP) 6.7 Transportation improvements along Senseny Road and Greenwood Road shall commence at the outset of construction of the commercial portion of the Property and shall be completed prior to occupancy of any commercial building. 6.8 The Applicant shall enter into a signalization agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of a traffic signal at the proposed entrance on Greenwood Road. If or when, in the opinion of VDOT, a traffic signal is required, the Applicant shall construct a traffic signal at said entrance. The signal shall be installed within 180 days of receiving written notice from the Virginia Department of Transportation (See 5 on GDP). 6.9 Access to the commercial portion of the Property shall be limited to a single access point on Greenwood Road and a single access point on Senseny Road in the locations depicted on the GDP. Site access on Senseny Road shall be constructed utilizing a boulevard design that incorporates a landscaped median with street trees. 7. DESIGN STANDARDS 7.1 All buildings within the commercial area of the Property shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Winchester and will respect the continuity and character of the existing architectural fabric of the Page 4 of 9 • NOT CURR'LYL Orrick Commons Proffer Statement surrounding community. The principal facade in addition to any facade fronting Senseny Road and/or Greenwood Road of all commercial buildings shall be limited to one or a combination of the following materials: cast stone, stone, brick, formed concrete, glass, wood, stucco or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for all commercial buildings. 7.2 All buildings within the commercial area of the Property shall incorporate standing seam metal roofing treatments as a unifying design element. 7.3 All facades of any apartment structure located on the Property shall be constructed using a combination of the following materials: stone, brick, smooth face block, wood, cement board siding, stucco, and glass. Any apartment building constructed on the property shall utilize a mixture of building materials in an effort to relate to the surrounding area. 7.4 Any apartment structures located on the Property shall incorporate non - symmetrical massing, bays, and columned porches to more effectively relate to surrounding properties. PARKS AND RECREATION 8.1 The Applicant shall design and construct any necessary improvements for an approximately 3.5 acre park in the location depicted on the GDP to be included as part of the required open space for the residential portion of the Property. Park shall include, at minimum, walking trails and a water feature utilizing an existing pond. Said park shall be open to the public and shall be maintained by the Property HOA. 8.2 The Applicant shall design and build a public pedestrian -bicycle trail to Department of Parks and Recreation standards in lieu of sidewalks along the Property frontage on both Senseny Road and Greenwood Road. Said trails shall be 10 feet in width with an asphalt surface and shall be constructed in the locations generally depicted on the GDP. The trail crossing of the proposed boulevard style entrance on Senseny Road shall be designed at the time of Site Plan to provide for a safe connection of the proposed trail. 8.3 The Applicant shall contribute to the Board the sum of $1,519.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each dwelling unit Page 5 of 9 • Orrick Commons Proll-Statement 9. LIGHTING PLAN 9.1 Low impact outdoor lighting meeting dark sky criteria will be utilized with a maximum pole height of 25 feet high using full cutoff luminaries. Floodlighting will be prohibited. 10. SIGNAGE 10.1 Freestanding commercial signage along Senseny Road and Greenwood Road shall be limited to monument style signs at the proposed entrances on Greenwood Road and Senseny Road. Maximum height for said signs shall be 20 feet. 10.2 Pylon style signs shall be prohibited on the Property. 11. SOLID WASTE AND RECYCLING CONTAINERS 11.1 Location of solid waste and recycling containers, utility equipment storage will be contained within fenced enclosures. 12. FIRE AND RESCUE 12.1 The Applicant shall contribute to the Board the sum of $508.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each dwelling unit. 13. GENERAL GOVERNMENT 13.1 The Applicant shall contribute to the Board the sum of $227.00 per dwelling unit for general government purposes, payable upon the issuance of a building permit for each dwelling unit. 14. PUBLIC SAFETY 14.1 The Applicant shall contribute to the Board the sum of $468.00 per dwelling unit for public safety purposes, payable upon the issuance of a building permit for each dwelling unit. 15. LIBRARY 15.1 The Applicant shall contribute to the Board the sum of $190.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each dwelling unit. Page 6 of 9 • 0 14Orr C LJFRZNT Orrick Commons Pm j%r Statement 16. FUTURE ROAD IMPROVEMENTS 16.1 The Applicant shall contribute to the Board the sum of $500.00 per dwelling unit for future improvements to Senseny Road and Greenwood Road, payable upon the issuance of a building permit for each dwelling unit. 17. Interparcel Connections 17.1 Interparcel connections with adjacent properties shall be identified during the master development plan (MDP) process. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 9 NOT CUR]ENT • • E 9 0� /c/ • 0 NOT CURE21 NT L� Orrick Commons Proffer Statement Paramount Development Corporation Title: STATE OF VHWA ALA., AT LARGE FREK COUNTY, To -wit: e foregoing instnune was ackno !!d�,�el. b re me this day of , 20 , y My co mmi o pires Notary Public Respectfully su tted, • Page 7 of 7 • 0 Applicant: Residential Units (number) SFD SFA MFD Non -Residential (sq. ft.) Retail Office OUTPUT MODULE Orrick Commons 175 Units 88 0 87 55,000 Sq. Ft. 55,000 Sq. Ft. 0 Sq. Ft. Total capital facilities impacts to mitigate Total revenue from commercial component 10 Year average of expenditures toward capital items $ 2,838,126 $ 3,206,871 18% Revenue to assign as credit from commercial component $577,237 Total capital facilities impacts left to be mitigated $ 2,260,889 Total Cost of Capital Facilities Total Net Cost of Capital Facilities Per Unit Fire And Rescue $1 10,342 $87,900 $502 General Government $49,414 $39,364 $225 Public Safety $101,669 $80,991 $463 Library $41,193 $32,815 $188 Parks and Recreation $330,134 $262,989 $1,503 School Construction $2,205,374 $1,756,830 $10,039 Total $2,838,126 $2,260,889 $12,919 0 HALL, MONAHAN, ENGLE, MAHAN �k A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892-1972) MITCHELL my THOMAS V. MONAHAN (1924-1999) 7 a 307 EAST MARKET STREET 9 EAST BOSCAWEN STREET SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA 0. LELAND MAHAN TELEPHONE 703-777-1050 TELEPHONE 540-652-3200 ROBERT T. MITCHELL, JR. FAX 540-562-4304 JAMES A. KLENKAR E-MAIL Iawyerst@hallmonahan.com STEVEN F. JACKSON May 3, 2006 DENNIS J. MCLOUGHLIN, JR. HAND -DELIVERY Susan K. Eddy, AICP Senior Planner 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: Orrick Commons (Orrick Cemetery Company, Inc.) Proposed Proffer Statement Dear Susan: I have reviewed the above -referenced Proposed Proffer Statement, revised as of April 13, 2006. It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. It should be noted that the proffer on commercial development set forth in Paragraph 1.1 provides that the "commercial development" on the property shall not exceed a maximum of 158,000 square feet, but that pursuant to Paragraph 1.4, the proffers only require a minimum of 55,000 square feet of "commercial building space." In any event, the proffers in Paragraph 1.1 and 1.4 should be clarified as to what the square footage requirement applies, preferably having the requirement apply to "usable floor area". HALL, MONAHAN, ENGLE, MAHAN be MITCHELL Susan K. Eddy May 3, 2006 Page 2 2. It should be noted that the proffer in Paragraph 8.2 for a pedestrian - bicycle trail along the frontage of Senseny Road and Greenwood Road is in lieu of sidewalks. It should be also noted that I do not believe that I had access to the current Generalized Development Plan with respect to these proposed proffers. While I had a copy of the Generalized Development Plan dated November 15, 2005 in my review of the previous Proposed Proffer Statement dated December 6, 2005, for this development, the text of the current proposed proffers indicates to me that there were some revisions to the Generalized Development Plan which previously had been provided to me. In any event, I assume that the staff will be reviewing the proffers as they relate to the items on the Generalized Development Plan. It should be fi.irther noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. If there are any questions concerning the foregoing continents, please contact me. ly yours, Robert T. Mitchell, Jr. RTM/ks COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 January 26, 2006 Mr. Patrick Sowers Patton, Harris, Rust & Associates, pc 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Proposed Rezoning of Orrick Commons Dear Patrick: I have had the opportunity to review the draft rezoning application for Orrick Commons. This application seeks to rezone 22.06 acres from RA (Rural Areas) District to the B2 (Business General) District and 33.61 acres from the RA (Rural Areas) District to the RP • (Residential Performance) District. In general, staff is supportive of this mixed -use project at an important crossroads in the Senseny Road corridor. I would also point out that the emerging Urban Development Area (UDA) study is supportive of this type of neighborhood center. Staff s review comments are listed below. 1. Comprehensive Policy Plan. The site is not within the limits of any small area plans in the Comprehensive Policy Plan. The land use plan identifies the entire Senseny Road corridor for residential uses. However, the Plan (6-72) does call for neighborhood business uses in the vicinity of residential areas. Given this key intersection of Senseny Road and Greenwood Road, and the existing B2 zoned properties at this intersection, it is reasonable to develop the western portion of the Orrick property for neighborhood commercial development. 2. Comprehensive Policy Plan. The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road and Greenwood Road as improved major collectors. This translates to a four -lane divided boulevard section, such as is being implemented with Warrior Drive. The applicant will need to ensure that the application addresses expansion plans for these roads and that all road improvements, especially turn lanes, respect the long-term road center line. 3. Comprehensive Policy Plan. The Comprehensive Policy Plan recommends a number of design features for properties along business corridors. These include landscaping, screening and controlling the size and number of signs. While this is not specifically a business corridor, it will be a commercial node at a prominent 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • 0 • Page 2 Mr. Patrick Sowers RE: Proposed Rezoning of Orrick Commons January 26, 2006 crossroads and similar standards should be applied. While the application speaks of design guidelines, few are included in the proffer statement. These design elements should all be incorporated into this application. 4. Illustrative Site Plan. The applicant has provided staff a copy of an illustrative site plan. This is not part of the rezoning application and is not proffered. However, there are many good design features on the site plan. These include siting the commercial building close to Senseny Road and Greenwood Road, with the parking out of view of the street; a boulevard style main entrance on Senseny Road; and landscaped parking lots. I would encourage you to consider making these part of the proffer statement. 5. B2 (Business General) Uses. The applicant should consider restricting some of the uses allowed in the 132 District, such as car washes, due to the proximity of this property to residential uses. 6. Impact Analysis - Transportation. The applicant has noted a desire to • accommodate automobile and pedestrian traffic. I would strongly suggest that the applicant consider a commitment to specific design features including curb and gutter, sidewalks throughout the development and a multi -purpose trail along both Senseny Road and Greenwood Road. Again, ensure that the pedestrian access is consistent with the long term plans for Senseny Road and Greenwood Road 7. Interpareel Connections. The properties adjacent to the Orrick Property along Senseny Road could redevelop in the fixture. It would be beneficial for the Orrick development to leave opportunities for inter -parcel connections to these properties. 8. Road Network. Verify with VDOT that all proposed roads and related improvements in the power line easement will be allowed. 9. Impact Assessment Statement — Wetlands. The application notes the presence of one intermittent stream in the northwest corner of the site. County and USGS maps indicate that there is another stream in the northeast corner of the site. This should be addressed. 10. Traffic Impact Analysis. The Traffic Impact Analysis (TIA) was based on 144,200 square feet of commercial development. The proffer statement calls for • up to 158,000 square feet of commercial floorspace. Traffic impacts will thus be greater than those modeled in the TIA. Please correct. 0 0 Page 3 Mr. Patrick Sowers RE: Proposed Rezoning of Orrick Commons January 26, 2006 11. Traffic Impact Analysis. TIA Table 1 lists 2008 "Other Developments". The TIA has double counted one project. The Butcher Property is the same as Briarwood III, which is now known as Steeplechase. It will contain 69 single- family detached units. 12. Traffic Impact Analysis. TIA Figure 9 shows the 2008 Build -Out Lane Geometry and Levels of Service. Site Driveway 41 on Greenwood Road is projected to have level of service B(D). The Comprehensive Policy Plan calls for Level of Service C or better on roads adjacent to and within new development. Even with the suggested improvements in the TIA, Level of Service C is not provided at site Driveway 41. Similarly, Level of Service D(F) is projected for the intersection of Charming Drive and Senseny Road. As you are aware, the improvements to this intersection are proffered by others, but the other responsible party is not obliged to put in the improvements until his first B2 site plan is submitted or until residential traffic warrants the improvements. Given this proposed B2 rezoning, it is possible that the improvements by others may not . take place for many years. (I would note that the D(F) level of service at this particular intersection will result with or without this proposed development.) 13. Traffic Impact Analysis. It is important to understand that the application must address transportation based on the Comprehensive Plan as well as the impacts projected in the TIA. 14. Proffer Statement — Land Use. Proffers 1.1 and 1.3 are unnecessary as they repeat the Zoning Ordinance. Proffers should be an enhancement to County ordinances, not a restatement of ordinances. 15. Proffer Statement — Land Use 1.4. The applicant has proffered a maximum of 175 age -restricted units provided as a mixture of single family detached and multi -family units, as allowed in the Zoning Ordinance. I suggest that the maximum number of units not be specifically proffered. Since the County is undertaking its UDA study and densities may change, deleting the maximum number of units will keep options open. Also, I would suggest using the word single family, rather than single family detached. Again, this keeps options open. 16. Proffer Statement — Home Owners Association — 3.2. This proffer states that the HOA will not be responsible for open space dedicated to public use. This contradicts proffer 8.1 which states that the HOA will be responsible for the 3.5 acre park which will be open to the public. Page 4 Mr. Patrick Sowers RE: Proposed Rezoning of Orrick Commons January 26, 2006 17. Proffer Statement — Transportation. The transportation proffers are missing a timing element. Each proffer must state specifically what event triggers the proffer; for example - before the issuance of the first building permit. 18. Proffer Statement — Transportation 6.2. The applicant will need to verify with county staff and VDOT that there is sufficient right-of-way to accommodate the long range road plans. 19. Proffer Statement — Transportation 6.4. This proffer refers to a transportation proffer associated with the Channing Drive Rezoning. The developer of that project is not obligated to build or provide funding for a portion of the new turn lane at Senseny Road and Greenwood Road until he begins his commercial development. Therefore, the applicant may be responsible for 100% of the improvements called for in proffer 6.4. Please restate proffer. 20. Proffer Statement — Transportation 6.5. The applicant will need to verify with county staff and VDOT that this is sufficient right-of-way to accommodate long • range road plans. 21. Proffer Statement — Transportation 6.6. This would be an appropriate place to include the pedestrian design features sought in paragraph 6 above. 22. Proffer Statement — Building Materials. This would be an appropriate place to include the design features sought in paragraphs 3 and 4 above. 23. Proffer Statement — Park. Proffers go beyond ordinance requirements. Therefore, the County will view the 3.5 acre park and its amenities as above and beyond the Zoning Ordinance requirements for open space and recreation units 24. Proffer Statement — Landscaping. Proffer 9.1 as written is umiecessary as it repeats the Zoning Ordinance. This would be an appropriate place to include the enhanced landscaping sought in paragraphs 3 and 4 above. 25. Proffer Statement — Signage. Proffer 11.1 as written is somewhat redundant as it repeats the Zoning Ordinance. The reference to Exhibit A is too vague. This would be an appropriate place to include limits on the number, size, design and placement of signs as sought in paragraph 3 above. 26. Generalized Development Plan (GDP). The GDP is an opportunity to illustrate . many of the design features that will be included in this application. 9 • • Page 5 Mr. Patrick Sowers RE: Proposed Rezoning of Orrick Commons January 26, 2006 27. Generalized Development Plan (GDP). It appears from the Proffered GDP that the entrance to the property on Greenwood Road does not line up with Green Park Drive. The Zoning Ordinance, Section 165-29, requires new driveways to align with other access features. The entrance on Greenwood must align with Green Park Drive. The County will not accept a proffered GDP that conflicts with the Zoning Ordinance. 28. Generalized Development Plan (GDP). The GDP should show that a road connection will be provided between the commercial portion of the site and the residential portion. It may not be in the best interest of the fixture residents of Loganberry Avenue to have that road as the connection between the commercial development and Farmington Boulevard. Internal access within the Orrick site would be a better option. Also, road access from Farmington Boulevard to Ladyslipper Road will need to be provided. 29. Generalized Development Plan (GDP) - Commercial Entrances. The GDP shows two main entrances to the commercial portion of the site: one on Senseny Road and one on Greenwood Road. The applicant should make explicit that no other commercial entrances will be provided along Senseny Road or Greenwood Road for the future outparcels. 30. Development Impact Model. As you are aware, Frederick County has a new Development Impact Model. Staff only runs the model for applications with a mix of commercial and residential development, and only gives credit for commercial floorspace that is proffered. Therefore, staff has run the new model for this development based on 55,000 square feet of retail space, 88 single family detached units and 87 multi -family units (the mix currently allowed by the Zoning Ordinance). The results of the model run are attached. The results are only relevant for this precise retail floorspace and the 88/87 split. Any other combination of floorspace, number of residential units or types of residential units will lead to a different result. The applicant is expected to address the impacts of development as contained in the model output. 31. Agency Comments. Please provide appropriate agency comments from the following agencies: Historic Resources Advisory Board, Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County School Department, Frederick County Sanitation Authority, Frederick - Winchester Health Department, Winchester Regional Airport, Greenwood Fire and Rescue Company and the Frederick -Winchester Service Authority. The proposed proffer statement has been forwarded by staff to the Frederick County • �J • 0 Page 6 Mr. Patrick Sowers RE: Proposed Rezoning of Orrick Commons January 26, 2006 Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 32. Adjoining Property Owners. Please add two properties (PIN# 55-A-194 and 55D-1-34A) to the list of adjoiners. Also, a number of the adjacent property owners have changed; please update. Six PINS (55J-1-9-194 through 55J-1-9- 199) are incorrectly listed; please correct. 33. Fees. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre, and a $50.00 public hearing sign fee. Thus, a total of $8,617.00 is due upon submission of the official rezoning application. This is based on fees as of January 27, 2005. Fees may change. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. I look forward to working with this you on this unique project. Sincerely, Susan K. Eddy, AICP Senior Planner SKE/bad Attachment cc: Paramount Development Corporation, c/o David Harner, 607 Briarwood Drive, Suite 5, Myrtle Beach, South Carolina 29572 Orrick Cemetery, Inc., 501 S. Braddock St., Winchester, VA 22601 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE 0. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN. JR. ATTORNEYS AT LAW I S 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 Iawyers@hallmonahan. wm January 30, 2006 Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 3 1 9006 PLEASE REPLY TO: P. O. Box 848 WINCHESTER, VIRGINIA 22604-0848 Re: Orrick Commons (Orrick Cemetery Company, Inc.) Proposed Proffer Statement Dear Susan: I have reviewed the above -referenced proposed Proffer Statement. It is my opinion that the proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. A paragraph should be added to the initial paragraphs which contains a description of the property, to include a description of the general location of the property, the title owner, the acreage, and a citation to the land records (deed book and page number, or instrument number) where the owner of the property acquired title. 2. With respect to the proffer set forth in paragraph 1.1 and 1.3, these paragraphs really do not constitute proffers, as they merely say that the property in the B2 district and RP district will be developed in accordance with the B2 zoning regulations and the RP regulations, respectively. This is not a proffer to do something A. • • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy January 30, 2006 Page 2 which is more than is already required by ordinance. The second sentence of each of these two proffers would appear to be redundant, and also suggests that the County may approve development on the property which is not in accordance with the zoning ordinance regulations. 3. With respect to the proffers set forth iii paragraph 1.2, which sets forth a maximum of 158,000 square feet of conunercial development, I would note that this proffer does not contain a proffer for a minimum square footage of commercial development (except as may be implied by proffer paragraph 1.6). 4. While the second paragraph on page 1 of the proffers states: "The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or include the improvement or other proffered requirement, unless otherwise specified herein", it is my reconunendation that the individual proffers be more specific as to when the proffered improvement will be completed. This would apply to proffer paragraphs 6.2 (traffic signal, construction of left turn lane, construction of right turn lane); proffer paragraph 6.5 (dedication of right-of-way); proffer paragraph 6.6 (interconnected pedestrian network); and proffer paragraph 8.1 (construction of 3.5 acre park). 5. With respect to the proffer contained in paragraph 6.6 (interconnected pedestrian network), I would reconunend that the proffer set forth the nunimum design requirements Ior the pedestrians ne-AB -oiit, unless Uivae requirements are adequately addressed by ordinance. 6. I would note that in proffer paragraph 7.1, the last two sentences are very general in nature. If the architecture and color scheme are important to the County's consideration of this rezoning request, then these last two sentences should be made somewhat more specific. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy January 30, 2006 Page 3 7. Paragraph 9.1 does not really constitute a proffer, as the applicant would be required to meet the landscaping requirements of the Frederick County Code in any event. The second sentence of this paragraph does not constitute an enforceable proffer. 8. Does the proffer in p ai agr ph 1 1.1 (Sigtiage) intend to limit signage to that shown on Exhibit A and thereby prohibit free-standing signs? If so, that should be specifically stated. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. If there are any questions concerning the foregoing conurients, please contact me. ly yours, RTM/ks 0 • r1 • • Rezoning Comments Orrick Commons Virginia Department of Transportation Mail to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 Hand deliver to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Winchester, VA 22601 Applicant Please fill out the`iriformation �as accurately as p'ossible'm order fo assist the ,Virginia" Department :of. Transportation with, their review.. Attach three copies; of your. application form;. location map,. proffer statement, impact. analysis, 'and any other pertinent information. Applicant's Narne: Patton Harris Rust & Associates, pc Phone: (540) 667-2139 Mailing Address: c/o Patrick R. Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The subject property is located in the northeast quadrant of the intersection of Senseny Road (Rt 657) and Greenwood Road (Rt 656) with road frontage along both roadways. Current Zoning: RA Zoning Requested: RA/B2 Acreage: 55.6708 Virginia Department of Transportation Comments: See attached comments from VDOT dated January 18, 2006. VDOT Signature & Date: Notice to Advisory Board — Please Return This Form to the Applicant 10 COMMONWEALTH (of VIRGINIA DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE GREGORYA. WHIRLEY EDINBURG, VA 22824 ACTING COMMONWEALTH TRANSPORTATION COMMISSIONER VDOT Comments to Orrick Commons Rezoning January 18, 2006 The documentation within the application to rezone this property appears to have significant measurable impact on Routes 656 and 657. These route are the VDOT roadways which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Orrick Commons Rezoning Application dated December, 2005 addresses transportation concerns associated with this request. is While the proposed proffers appear acceptable, VDOT offers the following comments: 6.1 - acceptable 6.2 - acceptable 6.3 - acceptable 6.4 - acceptable 6.5 - initially acceptable, but VDOT reserves the right to require additional dedications upon review of the site plan/entrance design. It should be noted that if 250' of separation from the proposed Greenwood entrance and Greenpark Drive cannot be achieved, the developer may be required to align the Greenwood entrance with Greenpark Drive. This would also require the developer to enter into a signalization agreement with VDOT. 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. 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. VirginiaDOT.org WE KEEP VIRGINIA MOVING Rezoning Comments Orrick Commons Mail to: Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540) 665-6350 Frederick County Fire Marshal Hand deliver to: Frederick Co. Fire & Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., 1st Floor 107 N. Kent Street Winchester, VA 22601 Applicant: Please fill out the information as -accurately as possible in order to assist the Frederick 11 County Fire Marshal with his review. ' Attach a copy of your application form, location map, proffer statement, impact, analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates, pc Phone: (540)667-2139 Mailing Address Location of Property: c/o Patrick R. Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 The subject property is located in the northeast quadrant of the intersection of Senseny Road (Rt 657) and Ureenwood Road (Rt 656) with road frontage along both roadways. Current Zoning Zoning Requested Fire Marshal's Comments: Fire Marshal's Signature & Date Notice to Mars — Please Return This Form to the Applicant 0 0 r� Ll cR e a w x a H VIRGIPIIA Control number RZ05-0015 Project Name Orrick Commons Address 117 E. Piccadilly St. Type Application Rezoning Current Zoning RA Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified • Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received 12/16/2005 City Winchester Tax ID Number 55-A-201 Date reviewed 12/19/2005 Applicant PHR&A State Zip VA 22601 Fire District 18 Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Emergency Vehicle Access Comments Mai^tain access during all phases of construction. Access Comments Date Revised Applicant Phone 540-667-2139 Rescue District 18 Election District Redbud Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Additional Comments Municiple water supply for firefighting must be available as soon as combstible materials arrive on site. Plan Approval Recommended Reviewed By Signature Yes J. Bauserman Title Cf1 ItiY�` ADDQQ�[ j 9RE mmma, FREDERICK • • i 4`1cK C w " O w x R7 "� w � VIRGINIA Control number MDP05-0008 Project Name Crosspointe Center Address 11117 E. Piccadilly St. Suite 200 Type Application Prelim. MDP Current Zoning RP & B2 Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received 11/22/2005 City Winchester Tax ID Number 75-A89 Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Yes Date reviewed 12/5/2005 Applicant Patton Harris Rust & Associates State Zip Va 22601 Fire District 11 Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Date Revised Applicant Phone 540-662-2092 Rescue District 11 Election District Shawnee Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No Reviewed By Signature j Jeffrey S. Neal Title January 6, 2006 Mr. Patrick R. Sowers Patton Harris Rust & Associates, p.c. 117 East Piccadilly Street Winchester, Virginia 22601 RE: Orrick Commons Frederick County, Virginia Dear Patrick: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 We have completed our review of the proposed rezoning application for Orrick Commons and offer the following comments: • 1. Refer to page. 3 of 6, C. Site Suitability: Include a discussion of the existing power line right-of-way and the impact on the proposed road network and related utility development. Provide a detailed wetlands delineation with the master development plan (MDP) submittal. A copy of the MDP should be submitted to the Corps of Engineers for their review and comment. 2. Refer to page 5 of 6, D. Transportation: The discussion references the requirement for a right turn lane on westbound Senseny Road for vehicles turning north onto Greenwood Road. Considering this location is outside of the proposed rezoning boundaries, indicate if sufficient right-of-way is available at this location. Refer to page 6 of 6, F. Site Drainage: Indicate what types of low impact development techniques will be employed within the proposed development. Also, delineate how much of the existing vegetation will be preserved as riparian buffers. All permanent storm water management facilities shall be highlighted in the MDP. 4. Refer to page 6 of 6, G. Solid Waste Facilities: This discussion indicates that the homeowners' association (HOA) will be responsible for trash collection within the residential portion of the project. However, the proffer statement, paragraph 3.2 indicates " if they decide to use a commercial collection company." This latter 107 North Dent Street • Winchester, Virginia 22601-5000 4 • Orrick Commons Rezoning Page 2 January 6, 2006 Is portion of item iii should be removed from the proffer statement, thereby making this a definite requirement of the HOA. 5. Refer to page 3 of 7, proffer statement, paragraph 5.1: We applaud the use of BMP facilities. However, the maintenance of these facilities shall be included in the responsibilities of the HOA or commercial property owners. 6. Refer to page 10 of the Traffic Impact Analysis by Patton Harris Rust & Associates: Revise the data in Table II to reflect the actual commercial development of 158,000 square feet, proposed in the Introduction paragraph (page 1 of 6) of the impact analysis. I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely, Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Planning and Development file C:\Program TllesMortlPerfect Office II\Rhouda\'rENIPC:ONIAIENTS\orrickeouuuonsrezcoui.wpd E Ll • Rezoning Comments RECEIVED Orrick Commons DEC 16 2005 Frederick County Inspections Department FREDERIeK COUNTY Mail to: Hand delivger toWORK bINSPECi Frederick Co. Inspections Department Frederick Co. Inspections Department Attn: Building Official Attn: Building Official 107 North Kent Street 107 North Kent Street Winchester, VA 22601 Winchester, VA 22601 (540) 665-5643 Applicant: Please fill out the information as accurately as possible in order to assist the Inspections Department with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates, pc Phone: (540) 667-2139 Mailing Address: c/o Patrick R. Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The subject property is located in the northeast quadrant of the intersection of Senseny Road (Rt 657) and Greenwood Road (Rt 656) with road frontage along both roadways. Current Zoning: RA Zoning Requested: RA/B2 Acreage: 55.6708 Inspections Department Comments: C c-,n4w Pki T gri, 7//. cJ/i /ir ae, Public Works Signature & Date: Notice to Inspectio ept. — Please Return Thorm tot Ap licant I Feb 15 06 04:49p FRED WINC SERV AUTHORITY 540 722 1103 0 r p.2 0 Rezoning Comments Orrick Commons +reftrirk'Winchester Service Authority Mail to: -Hand deliver to: Fred -Wine Service Authority Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director Attn: Jesse W. Moffett 7.0. Box 43 4bQ7 North Kent Street Winchester, VA 22604 Winchester, VA 22601 (540) 722-3579 Applicant: Please fill out. the iufamation as accurately as - possible in Qrder to assist the Department of Public Works with their review. Att=* $-ropy of yrnrMTi0licat1on form, location -waP-, Per 84Memeut-, imr9w* a0allysis; and 'a" otherpertineat informatfgn. Applicant's Name: `Patton Harris Rust & Associates pc Phone: (540) 667-2139 Mailing Address: C/O.Patrick R__Sowers I TTI✓ Flcmdii!y Street Suite 200 Winchester VA 22601 Location of Property: The subject property is located in the northeast quadrant of the intersection of Senseny Road (Rt 657)-and-Greenwood Road (Rt656)withToad frontage along both -roadways Current Zoning: RA Zoning Requested: _RA/132 Acreage:- 5i.6708 Fred -Wine Service Aitth"4yy &.Comfe)tS: i`�0 CE:t711Y11��'rCS Fred -Wine Service Au h_ o 'ty's Signature & Date: Notice to Fred-Winc Service=Authority=P1rnsQ.RttuT_n'T is orm to -the Applicant 24 • • • C] • Rezoning Comments N=-rn-rTT"rl C ><s NO "AsFrederick County Sanitation AuthorityTES Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA Applicant: Please fill out the 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. Applicant's Name: Patton Harris Rust & Associates, pc Phone: (540)667-2139 Mailing Address: c/o Patrick R. Sowers ,p 117 E. Piccadilly Street, Suite 200 O/ 7 �/ C� rOlYI,0041.�, Winchester, VA 22601 Location of Property: The subject property is located in the northeast quadrant of the intersection of Senseny Road (Rt 657) and Greenwood Road (Rt 656) with road frontage along both roadways. Current Zoning: RA Zoning Requested: RA/B2 Acreage: 55.6708 Sanitation Authority Comments: AV T/r�� f'�°l/<.� T147V- Sanitation Authority Signature & Date: 4),4.6? oS Notice to Sanitation Author' Please Return This Form to the Applicant 16 • iDIlb7 os O vG OJ I "-,011�O • • • Rezoning Comments Orrick Commons Frederick — Winchester Health Department Mail to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 ,Js_ A-'() �rr;L� Applicant: Please fill out the, information as accurately'as possible in order to assist the Frederick Winchester Health Department with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates, pc Phone: (540) 667-2139 Mailing Address: Location of Property: o Patrick R. Sowers 117 E. Piccadilly Street, Suite 200 inchester. VA 22601 The subject property is located in the northeast quadrant of the intersection of Senseny Road (Rt 657) and Greenwood Road (Rt 656) with road frontage along both roadways. Current Zoning: RA Zoning Requested: RA/B2 Acreage: 55.6708 Freed rick — Winchester Health Department's Comments:j- / D _ 1�e. Signature & Date: '/✓;�(%�—� %- i�✓C�'� Notice to Health Department — Please Return This Form to the Applicant 17 2-16-06; 1:OOPM; FREDEF7I CK CO PARKS i C ;51106659687 it 1 / 1 • Rezoning Comments Orrick Commons Frederick County Department of Parks & Recreation Mail to: Hand deliver to: Frederick -County FrcdericicC-o�nty DepL.of Parks & Recreation- Department of Parks & Recreation 107North Kent Street Co. Az1m$ristTation Bldg., 2nd Floor Winchester, VA 22601 r0.7 North Kent Street (540) 665-5678 Winchester, VA 22601 ou�,.-�', ><t J Mr v Y � f• JSTi lip-��- -�",t� \ a' - � v � 1 � � - _ � t cantPlease fill gt they �nforpmation asaecixaate gas ossib einoer r asszst the Y. j i Z s s� 3 .ffiT?t '✓� 1`TS f 1l. 14 1 �4.14 t Nf(� Y. ±�TiY2 t� i"R. ,iY ri r . oc aq{ xof ' �r'tatea�i retry' Y anal shoe d a tl he ce p t aPp z .. h„ �p� .. U Y Applicant's Narne: - Patton Harris Rust -&-Associates; pc Phone: (540),667-2139 Mailing Address: c/o Patrick R. gowers IITY PiceadifyStreet,'Suite-2W ' WincbeAer_VA. 22601 Location of Property: The subject property is located in 'the northeast quadrant of the intersection-70f Senseny Road (Rt 657)-and Greeulvood-Road (Rt 656)-with. road frontage -along both roadways. Current Zoning: RA -- Zoning-Requested:--.RA1B2 -Aer-eage: 55 6708 Dept. of Parks & Recreation Comments: The proposed plan .ap7psa7rs to provide-.omonetary'pr6ffer consistent with the county model for -this -housing'type.-The, 'de atso`izid7caCed that a public recreational park, including playground equipment equivalent to monetary value of- tine-required-recreatie-nal' units, will b� located within the -3.5 acres of open space provided. Plan also shows a bike trail, meeting Frederick County Parks and Recreation Department standards, alo Senseny Roa and Greenwood Road Stir rfai�e- maintained by the -development. Notice to Dept. of Parks & Recreation-�3eas-e tu-r-n-TkisTo rni to the i� ' ant LVA 0 14 o� �J" G a° Frederick Counhj Public Schools Administrative Assistant to Visit us at www1rederick.1<12.va.us the Superintendent January 16, 2006 Mr. Patrick Sowers Patton, Harris, Rust & Associates, pc 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Dear Mr. Sowers: e-mail: kapocsis@frederick-k12.va.us RE: Orrick Commons Rezoning Proposal • This letter is in response to your request for comments regarding the rezoning application for the proposed Orrick Commons rezoning project. Based on the information provided, it is anticipated that the proposed 175 single-family and multi -family units will have no impact on the school division upon built -out due to the units being age restricted. • Respectfully yours, Stephen M. Kapocsi Administrative Assistant to the Superintendent SMK: dkr cc: William C. Dean, Ph.D., Superintendent of Schools Al Orndorff, Assistant Superintendent for Administration Charles Puglisi, Director of Transportation 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 • • • Rezoning Comments Orrick Commons Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540) 662-2422 Winchester Regional Airport Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport With their review. 'Attach' acopy of your application 'form, location map, proffer, statement, impact analysis, and' any other pertinent information. Applicant's Name: Patton Harris Rust & Associates, pc Phone: (540) 667-2139 Mailing Address: c/o Patrick R. Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The subject property is located in the northeast quadrant of the intersection of Senseny Road (Rt 657) and Greenwood Road (Rt 656) with road frontage along both roadways. Current Zoning: RA Zoning Requested: RA/B2 Acreage: 55.6708 Winchester Regional Airport's Comments �n l Winchester Regional Airport Signature & Date: .Iv ' ' `1 M �11 �n I Q�, Notice to Winchester Regional Airport — Please Return This Form to the Applicant 21 • u WINCHESTER REGIONAL AIRPORT SERVING THE TOP OF VIRGINIA February 6, 2006 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Patrick R. Sowers Patton Harris Rust & Associates, pc 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comments Orrick Commons Redbud Magisterial District Dear Mr. Sowers: The above referenced proposal was reviewed. While the proposed development lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan should not impact operations at the Winchester Regional Airport. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 January 19, 2006 Mr. Patrick Sowers Gilbert W. Clifford & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Request for Historic Resources Advisory Board (HRAB) Comments Orrick Commons Rezoning; PIN# 55-A-201 Dear Mr. Sowers: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely,. Candice E. Perkins Planner II CEP/bad • 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Februmy 2006 0 0 Orrick Commons :7 IV. AGENCY COMMENTS • • 0 116- AnalIm pact sis Statement Orrick Commons ] y ORRICK COMMONS REZONING IMPACT ANALYSIS STATEMENT November 2005 A. Introduction This report has been prepared for the purpose of assessing the impact on Frederick County by the conditional rezoning of the 55.67 acre property identified as parcel 55-A-201. The subject acreage is owned by the Orrick Cemetery Company, Inc. and is located in the Northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (656) with frontage along both roadways. The site is currently zoned RA (Rural Areas). This application proposes the rezoning of the 55.67 acre parcel to a roughly 60/40 split of residential and commercial which equates to 33.61 acres of RP (Residential Performance) and 22.06 acres of B2 (Business General). The site is intended as a mixed use commercial and age restricted residential center anchored by a Food Lion shopping center (Exhibit A). The proposed 158,000 square feet of commercial uses will be complemented by a mixture of single family and multi -family age restricted residential uses totaling a maximum of 184 units per ordinance requirements, all of which will be developed in a functionally and aesthetically unified manner. The proposed rezoning will establish a high quality senior housing development and provide commercial space that is greatly needed for the residential uses that prevail along the Senseny Road corridor. The presence of significant commercial uses within the project will result in a synergistic relationship between land uses that will enhance the economic vitality of the area and achieve a more sustainable form of development than has been the historic pattern in the area. The Comprehensive Policy Plan identifies the planned use of the site as residential land uses. While the proposed rezoning includes both residential and commercial components, it is evident that a retail center at the intersection of two major collectors is in the best interest of the County, most notably the residents that reside within the vicinity of the site. The proposed rezoning utilizes complimentary land uses to provide a development that is preferable in such a key location to the single use pattern that has predominated within the Urban Development Area (UDA). The proposed rezoning includes proffers that will appropriately and effectively mitigate the impacts of this development program and assure its completion Page 1 of 7 Rev. 3/10/06 Orrick Commons Impact Analysis Statement in the manner envisioned by the Applicant. The mixed use commercial center land use envisioned for the site is compatible with the surrounding community and is in the best interest of the County at large. As such, the Applicants submit that this rezoning request merits favorable consideration and approval. B. Comprehensive Policy Plan The Eastern Frederick County Long Range Land Use Plan is the sole document depicting the planned land uses for the subject acreage. This document envisions suburban residential land uses North of Senseny Road and South of Valley Mill Road from the Winchester City Limits to the proposed location of the future Route 37 bypass. While this area is responsible for capturing a large amount of residential growth in the County, it fails to provide a space for the retail and service needs of this new growth. The Frederick County Comprehensive Policy Plan identifies that retail and service areas need to be located with easy access to sufficient markets and to have good visibility from major throughfares. Additionally, the Comprehensive Plan identifies a need to insure the quality of commercial areas through the use of performance and design standards. The applicant is confident that the proffered design guidelines for the commercial component of the proposed development will create a commercial center of exceptional quality. The proposed rezoning would allow a commercial development program that would develop in a manner that is harmonious with the goals of the Comprehensive Policy Plan. The current Comprehensive Plan identifies the average density of the Urban Development Area (UDA) should not exceed 3 dwelling units per acre. The overall density of the site shall be dictated by the requirements set forth in the Frederick County Zoning Ordinance. The 33.61 acres that represent the residentially zoned portion of the project would be allowed 5.5 dwelling units per acre. Historically, the UDA as a whole has developed well below the 3 unit/acre threshold, allowing for some areas of higher density when appropriate. This proposal utilizes a mixed use concept where higher densities are more fitting, providing for a mixture of housing types in close proximity to retail and service areas. The proposed development program would include age restricted condominiums serving as a transitional area between the age restricted single family units and the commercial portion of the property. While the overall density of the site is slightly greater than the number stipulated by the Comprehensive Policy Plan, it recognizes the now prevailing notion that the County's UDA should become more urban in character in order to capture new growth in an area that can be easily served by public infrastructure and Page 2 of 7 Rev. 3/10/06 Orrick Commons Impact Analysis Statement services. Additionally, the proposed transition of multifamily to single family residential uses provides for a more appropriate transition from the commercial area to the single family use that prevails in the surrounding area. The proposed rezoning of the subject acreage from RA to RP and B2 is generally consistent with the land use policies of the Comprehensive Policy Plan. C. Suitability of the Site 1. Site Backaround and Histor The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2. Location and Access The subject parcel is located North of Senseny Road and East of Greenwood Road at the intersection of these two roadways. The Property contains approximately 340 feet of road frontage along Greenwood Road and approximately 815 feet of road frontage along Senseny Road. Two tax parcels, 55-A-197 and 55-A-198, are located adjacent to the site and comprise the remaining road frontage of Senseny and Greenwood at their intersection. Bounding the site to the North is the recently approved Steeplechase subdivision (formerly Briarwood III) and the Briarwood Subdivision. Bounding the site to the East is the Lynnehaven Subdivision. Access to the site will be provided at both Senseny and Greenwood. Access will also be provided with a connection to Loganberry Drive in Steeplechase. Additionally, Farmington Boulevard will travel through the site along the Northern boundary as it connects Channing Drive and Greenwood Road. 3. Site Suitability A small area of wetlands and an intermittent stream are the only identified environmental features on the site. These features are minimal and manageable through the zoning and site engineering process. In all cases, disturbance will be limited in accordance with applicable regulatory standards. Page 3 of 7 Rev. 3/10/06 Orrick Commons 0 0 Impact Analysis Statement Flood Plain Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for Frederick County prepared by the U.S. Department of Housing and Urban Development, Community Panels #510063-0115B and #510063- 012013, effective date July 17, 1978. The site is located entirely in Flood Zone C, which denotes areas of minimal flooding outside of the 100-year flood plain. Wetlands The National Wetlands Inventory Map identifies a single wetland feature on the site, a small pond. In addition, an intermittent stream channel is located on the northwest corner of the property. A riparian buffer, as required by the Frederick County Zoning Ordinance, will prevent impacts to the stream channel. All wetlands associated with the stream channel shall be delineated at the master plan phase of the project. Soils and Steep Slopes The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert- Berks-Blairton soil association, which is the predominant association on land located east of Interstate 81. The characteristics of this soil association and any implications for site development are manageable through the site engineering process. No areas of steep slopes (areas of 50% slope or greater) exist on the Property. The subject site has topographic characteristics that make it ideal for the proposed development program. D. Transportation The Orrick Commons project will be served by a multi -modal transportation network designed to safely and efficiently accommodate automobile and pedestrian traffic. The transportation improvement program proffered with this application will interconnect the various uses planned within the project, and further integrate the project with the surrounding community. A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area, as well as actual traffic counts. Using trip generation figures from the I.T.E. Trip Generation Manual, 7t" Edition, the TIA projects that the proposed development will Page 4 of 7 Rev. 3/10/06 Orrick Commons * Impact Analysis Statement produce 11,789 vehicle trips per day (VPD). The TIA further indicates that study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions. The external road system serving the site is comprised of Senseny Road (Route 657) and Greenwood Road (Route 656). The applicant has proffered a maximum of one entrance on each of these roadways to enhance the safety of the corridor and to increase the aesthetic appeal of the development. The TIA indicates that traffic signals would be required at the entrance on Senseny Road as well as Greenwood Road in order to maintain the guideline level of service "C" as indicated by the Comprehensive Plan. The primary entrance for the site shall be designated by a boulevard style entrance on Senseny Road. The applicant has proffered both the boulevard style entrance and traffic signal with associated turn lanes at this location. Additionally, the Applicant has proffered to enter into a signalization agreement with the Virginia Department of Transportation for the signalization of the commercial area's secondary entrance on Greenwood Road. Development of the site will allow for the construction of Farmington Boulevard through the residential portion of the property to provide a link between Greenwood Road and Channing Drive. The Applicant has proffered traffic calming measures along Farmington Boulevard to ensure the safety of the residential development for pedestrians. Signalization will also be necessary at the intersection of Channing Drive and Senseny Road, which will be required with or without the introduction of project -generated traffic. Rezoning 15-99 for the Channing Land Bays provides for signalization at the intersection of Channing and Senseny. The Eastern Road Plan calls for Greenwood Road and Senseny Road to be improved major collectors. In addition to proffering the right-of-way necessary for the ultimate construction of a major collector road in both locations, the Applicant has proffered to construct the right turn lane for West bound Senseny from the proposed entrance on Senseny Road to the intersection of Senseny and Greenwood. This lane will ultimately become a portion of the second West bound through lane for Senseny Road. Lastly, the Applicant has proffered a monetary contribution of $500 per dwelling unit to be contributed towards future improvements of Senseny and Greenwood Roads. E. Sewage Conveyance and Water Supply Water and sanitary sewer facilities are available via the the Lynnehaven Subdivision to the East. The majority of the site will be served via gravity flow Page 5 of 7 Rev. 3/10/06 Orrick Connnons 0 • Impact Analysis Statement from west to east. This infrastructure will be expanded pursuant to Frederick County Sanitation Authority (FCSA) requirements to serve the entire site. Project build -out will consist of a maximum of 184 age restricted units as currently allowed by ordinance and approximately 158,000 square feet of office and/or general commercial uses. Using the standard water consumption rates for single family attached/multi-family residential uses and general commercial/office uses', the proposed development is projected to consume approximately 59,200 GPD (gallons per day) of water and produce equivalent sewer flows. F. Site Drainage The vast majority of the site naturally drains north and northeast, eventually draining into Abrams Creek. It is anticipated that low impact development techniques together with good erosion control practice will mitigate adverse stormwater discharge impacts. The preservation of riparian buffers containing existing vegetation will provide significant mitigation of nutrient losses. Actual specification of temporary and permanent facilities will be provided with final engineering and will comply with all County, State and Federal regulations. G. Solid Waste Disposal Facilities Solid waste from the project will be deposited in the Frederick County landfill following collection via private carrier(s) contracted by the homeowner's association (HOA) for the residential portion of the project and by the individual commercial/employment users. H. Historic Sites and Structures The Frederick County Rural Landmarks Survey does not identify any structures of historic importance on the subject site. Moreover, pursuant to the National Park Service Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. I. Impact on Community Facilities The Applicant has proffered that a minimum of 55,000 square feet of commercial space shall be constructed prior to occupancy of the first residential dwelling unit. The Applicant has proffered the following amounts 1 Water consumption/sewage generation rates: single family attached/multi-family residential uses — 150 GPD/dwelling unit; office/general conuriercial uses — 200 GPD/1,000 square feet of gross floor area. Page 6 of 7 Rev. 3/10/06 Orrick Commons is 0 Impact Analysis Statement as determined by the Frederick County Impact Model in addition to the $500/unit dedicated towards future improvements to Senseny and Greenwood Roads: Fire and Rescue: General Government: Public Safety: Parks and Recreation: Library: Total: $508 $227 $468 $1,519 $190 $2,912 Page 7 of 7 Rev. 3/10/06 or i Ex. Greenwood ' 1 Fire & Rescue EX. INTERMITTANT m ��_ STREAM (WETLANDS) 0'0-) � UT O' D Se 65;i NSEN_ Y ROAD EX. POND (WETLANDS) 1 I 1 I 1 1 I 1 1 1 1 I 1 1 I�1 1 1 1 Q1 I 1 I ' 1 I 1 I 1 1 1 I 1 1 I 1 I 1 1 � 1 1 I 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I 1 I 1 1 1 1 1 1 1 Ills.- I_ Patton Harris Rust & AssocletesrPc ORRICK COMMONS Engin— S.—y— Plor — Landscape Ar."act.. ^�•� ENVIRONMENTAL FEATURES PLAN as oFsc+sRw aUE ansv �t vo a.ro ua L L r s•o�a%M� FREDERICK COUNTY, VIRGINW RENSM it GFAAY/ i"lf-1 f T �.is osauw ststta cot oeaR iWP an MewnMr 13. 2005 ct CEN sretc Iw seer nc to OF Patton Harris RusiB Associates, pc Engineers. SLrveyors. Ranners. Landscape Architects. PH 300 FoxcroftAvenue, Suite 200 APR Martinsburg, West Virginia 25401 Phone: 304.264.2711 Fax: 304.264.3671 To 0rganizationlCompany: From: Date: Project Name/Subject PHR+A Project file Number A Memorandum Susan Eddy Frederick County Planning Department Michael Glickman, PE (VA PE Number: 0402 03 April 05, 2006 An Addendum to: 1 Traic W act Analgis of the Orrick Paramount Probe 13783-1-0 Patton Harris Rust & Associates (PHR+A) has prepared this memorandum as an addendum to A Traffic Impact Analysis of the Orrick Paramount Property, by PHR+A, dated October 11, 2005. The purpose of this memorandum is to present trip generation analyses for the "newly proposed" Orrick Paramount development and to document any impacts that are beyond those concluded in the October 2005 submission . The "newly proposed" development would include 75 age - restricted detached residential units, 100 age -restricted attached residential units, a 10,000 square foot daycare facility, 50,000 square feet of office, 66,000 square feet of retail, a 15,000 square foot pharmacy with drive-thru, a 5,000 square foot bank, and a 12,000 square foot restaurant. Based upon the rates and equations published in the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, Tables 1 and 2 are provided to summarize the "originally proposed" (October 2005 study) and the "newly proposed" trip generation results for the Orrick Paramount development, respectively. Table 3 provides the trip differential between Tables 1 and 2. According to Table 3, the "newly proposed" development would increase the AM peak hour trips by 70 vehicles, decrease the PM peak hour trips by 55 vehicles and decrease the Average Daily Trips (ADT) by 242 vehicles. Since the trip generation would be reduced during the PM peak hour and that is considered to be the "worst -case" or "design hour" condition, it is the conclusion of PHR+A that the overall levels of service for the study area intersections would remain the same or improved as compared to the original October 2005 study. Patton Harris Rut Associates, pc Memorandum To: Susan Eddy Page 2 of 2 Table I "Originally Proposed" Development: Orrick Paramount Trip Generation Summary Code Land Use Amount AM Peak Hour In Out Total In PM Peak Hour Out Total ADT 251 Elderly Housing - Detach 75 units 8 14 22 24 16 40 424 252 Elderly Housing - Attach 100 units 4 4 8 7 4 11 348 565 Day Care 6,000 SF 41 36 77 32 36 68 476 710 Office 25,000 SF 54 7 62 18 89 107 459 820 Retail 80,200 SF 84 53 137 260 281 541 5,884 881 Pharmacy w/ DT 15,000 SF 23 17 40 63 66 129 1,322 912 Drive-in Bank 6,000 SF 41 33 74 137 137 274 1,351 932 H-T Restaurant 6,000 SF 36 33 69 40 26 66 763 932 H-T Restaurant 6,000 SF 36 33 69 40 26 66 763 Total 327 231 558 622 680 1,302 11,789 Table 2 "Newly Proposed" Development: Orrick Paramount Trip Generation Summary Code Land Use Amount AM Peak Hour In Out Total In PM Peak Hour Out Total ADT 251 Elderly Housing - Detach 75 units 8 14 22 24 16 40 424 252 Elderly Housing - Attach 100 units 4 4 8 7 4 11 348 565 Day Care 10,000 SF 68 60 128 45 51 96 793 710 Office 50,000 SF 95 13 108 23 112 135 782 820 Retail 66,000 SF 74 48 122 228 247 476 5,184 881 Pharmacy w/ DT 15,000 SF 23 17 40 63 66 129 1,322 912 Drive-in Bank 5,000 SF 35 27 62 114 114 229 1,169 932 H-T Restaurant 12,000 SF 72 66 138 80 51 131 1,526 Total 1 378 249 627 1 585 661 1,247 1 11,547 Table 3 Newly Proposed Vs Originally Proposed Trip Generation Comparison: Orrick Paramount Trip Generation Condition AM Peak Hour In Out Total PM Peak Hour In Out Total ADT "Newly Proposed" Development 378 249 627 585 661 1,247 11,547 "Originally Proposed" Development 327 231 558 622 680 1,302 11,789 Trip Differential +51 +I8 +70 -36 -19 -SS* -242 * Represents the worst -case peak hour condition Engineers • Surveyors 9 Planners 9 Landscape Architects • A Traffic Impact Analysis of the Orrick Property Located in: Frederick County, Virginia Prepared for: Paramount Development Corporation 607 Briarwood Drive, Suite 5 Myrtle Beach, South Carolina 29572 Prepared by: Patton Harris Rust & Associates, pc End nears. Surveyors. Planners. Landscape Architects. PH 300 Foxcroft Avenue, Suite 200 Martinsburg, West Virginia 25401 T 304.264.2711 F 304.264.3671 October 11, 2005 • OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Orrick Property development located along the east side of Route 656 (Greenwood Road), north of Route 657 (Senseny Road) in Frederick County, Virginia. The proposed project is comprised of 75 age - restricted detached residential units, 100 age -restricted attached residential units, a 6,000 square foot day care facility, 25,000 square feet of office, 80,200 square feet of retail, a 15,000 square foot pharmacy with drive-thru, a 6,000 square foot bank and two (2) 6,000 square foot restaurants. Access is to be provided via three (3) site -driveways located to the east of Greenwood Road, north of Senseny Road and south of Farmington Boulevard Extended, respectively. The proposed development will be built -out over a single transportation phase by the year 2008. In order to consider future roadway networks within the study area, PHR+A assumed partial completion of Charming Drive and Farmington Boulevard Extended by the Year 2008. Figure 1 is provided to illustrate the location of the proposed Orrick Property development with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Orrick Property development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for the proposed Orrick Property development, • Distribution and assignment of the Orrick Property development -generated trips onto the completed roadway network, • Analysis of capacity and level of service using the latest version of the highway capacity software, HCS-2000, for existing and future conditions. PHIUA A Traffic Impact Analysis of the Orrick Property Project Number: 13783-1-0 October 11, 2005 Page 1 • • No Scale Figure 1 Vicinity Map: Orrick Property in Frederick County, VA PHR+A A Traffic Impact Analysis of the Orrick Property Project Number: 13783-1-0 October 11, 2005 Page 2 • • • EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the following intersections: Senseny Road/Greenwood Road, Senseny Road/Channing Drive Greenwood Drive/Greenpark Drive and Greenwood Road/Farmington Boulevard. In order to determine the ADT (Average Daily Trips) along the study area roadway links, a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 10% was assumed. Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at key locations throughout the study area roadway network. Figure 3 shows the respective existing lane geometry and AM/PM peak hour HCS-2000 levels of service. All traffic count data and HCS-2000 levels of service worksheets are included in the Appendix section of this report. PHR+A A Traffic Impact Analysis of the Orrick Property Project Number: 13783-1-0 October 11, 2005 Page 3 • 0 • No Scale F -L JL Figure 2 PH R+A �V AM Peak Hour(PM Peak Hour) Existing Traffic Conditions A Traffic Impact Analysis of the Orrick Property Project Number: 13783-1-0 October 11, 2005 Page 4 • 0 • No Scale • SITE Denotes stop sign control Denotes traffic signal control * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) • Figure 3 Existing Lane Geometry and Levels of Service PHIS A Traffic Impact Analysis of the Orrick Property Project Number: 13783-1-0 October 11, 2005 Page 5 9 0 • • • 2008 BACKGROUND CONDITIONS In order to determine the 2008 background traffic conditions, PHR+A utilized the methodology provided in the report titled: A Traffic Impact Analysis of Lambert -Ward Property-, by PHR+A, dated November 04, 2004. Accordingly, the existing traffic counts were increased by applying a five percent (5%) annual growth rate to the existing traffic volumes along Route 656 (Greenwood Road) and Route 657 (Senseny Road) (shown in Figure 2) to obtain the 2008 base conditions. In order to consider future roadway networks within the study area, PHR+A assumed the partial completion of Channing Drive and Farmington Boulevard Extended by the Year 2008. Additionally, PHR+A included specific future developments located within the vicinity of the proposed site. Using the 7'h Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Table 1 to surmnarize the 2008 "other developments" trip generation. Figure 3a through Figure M are included in the Appendix section to illustrate the traffic volumes/assignments relating to each of the background developments. Figure 4 shows the 2008 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 5 shows the corresponding 2008 build - out lane geometry and levels of service. HCS-2000 levels of service worksheets are provided in the Appendix section of this report. PHR1� A Traffic Impact Analysis of the Orrick Property Project Number: 13783-1-0 October 11, 2005 Page 6 0 0 0 Table 1 2008 "Other Developments" Trip Generation Summary Code Land Use Amount AM Peak Hour PM Peak Hour ADT In Out Total In Out Total Butcher Property 210 Single -Family Detached 65 units 14 41 55 46 27 73 650 Total 14 41 55 46 27 73 650 Fieldstone 210 Single -Family Detached 63 units 13 40 54 45 25 71 630 230 Townhouse 207 units 15 76 91 75 37 112 1,801 Total 29 116 145 120 62 183 2,431 Lambert -Ward Property 210 Single -Family Detached 145 units 28 83 111 94 55 150 1,450 230 Townhouse/Condo 140 units 11 56 68 53 26 79 1,218 Total 39 139 179 147 82 229 2,668 Abrams Pointe 210 Single -Family Detached 225 units 42 125 167 140 82 222 2250 Total 42 125 167 140 82 222 2250 Brairwood III 210 Single -Family Detached 69 units 14 43 58 48 28 77 690 Total 14 43 58 48 28 77 690 Mise Other Developments along Channing Drive* 210 Single -Family Detached 870 units 155 464 618 473 278 751 8,700 230 Townhouse/Condo 130 units 11 53 64 50 25 75 1,131 820 Retail 120,000 SF 107 68 175 339 367 706 7,645 Total 272 585 857 862 670 1,532 17,476 * Includes Giles Farm, Toll Brothers, Coventry Court and miscellaneous residential. * In 2008 traffic analyses only 65% of the total trips generated along Channing Drive are considerd. PHRl� A Trg tc Impact Analysis of the Orrick Property Project Number: 13783-1-0 October 11, 2005 Page 7 0 I—] 9) • No Scale a a h o �3 Far (7)2 Greenpark Dr. y#, SITE � �,� 1 ".4 ` ` .1 0lu 1 At, O Senses t Road M1��3g902S) G1 (SSS)79-1 N O (137, �� 4(4I o 4� Nr. — 657 134020) (347) i57 r�I (244)91 �� 4(103) (436)201�� (61)63 w AM Peak Hour(PM Peak Hour) Figure 4 2008 Background Traffic Conditions A Traffic Irnpacl Analysis of the Orrick Property Project Number: 13783-1-0 October 11, 2005 Page 8 El r: • No Scale 657 656 Intersection U LOS=B(C) Pa j I� C(B) (C)B 44 r Pa Ei 4- N)* [_ #, SITE r'3 N 'r Denotes stop sign control nj Denotes traffic signal control * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 5 2008 Background Lane Geometry and Levels of Service A Tra(frc Impact Analysis of the Orrick Property Project Number: 13783-1-0 October 11, 2005 Page 9 • 0 • 0 0 TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has prepared Table 2 to summarize the trip generation for the proposed Orrick Property development. Site layouts of residential and commercial developments are included in the Appendix section of this report. Table 2 2008 Proposed Development: Orrick Paramount Trip Generation Summary Code Land Use Amount AM Peak Hour In Out Total In PM Peak Hour Out Total ADT 251 Elderly Housing - Detach 75 units 8 14 22 24 16 40 424 252 Elderly Housing - Attach 100 units 4 4 8 7 4 11 348 565 Day Care 6,000 SF 41 36 77 32 36 68 476 710 Office 25,000 SF 54 7 62 18 89 107 459 820 Retail 80,200 SF 84 53 137 260 281 541 5,884 881 Pharmacy w/ DT 15,000 SF 23 17 40 63 66 129 1,322 912 Drive-in Bank 6,000 SF 41 33 74 137 137 274 1,351 932 H-T Restaurant 6,000 SF 36 33 69 40 26 66 763 932 H-T Restaurant 6,000 SF 36 33 69 40 26 66 763 Total 327 231 558 1 622 680 1302 1 11,789 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 6 to assign the proposed Orrick Property development trips (Table 2) throughout the study area roadway network. Figure 7 shows the development -generated AM/PM peak hour trips and ADT assignments. 2008 BUILD -OUT CONDITIONS The Orrick Property assigned trips (Figure 7) were added to the 2008 background traffic volumes (Figure 4) to obtain 2008 build -out conditions. Figure 8 shows the 2008 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure 9 shows the respective 2008 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. PHTZl� A Traffic hnpact Analysis of the Orrick Property Project Number: 13783-1-0 October 11, 2005 Page 10 No Scale • Hl�:l l- Figure 6 w P R+A H Trip Distribution Percentages A Traffic Impact Analysis of the Orrick Property Project Number: 13783-1-0 October 11, 2005 Page 11 • • • ti ft No Scale VII`�qti 11297 r s 656 oroa ~`S 02(2y9 Far ti Site -Driveway #1 Greenpark Dr. SITE QRUN ro' Senseny�o 9 N D t\ o 33(62) �° 1► ' 657 _ U SSO ti, n b b � N ) 657 � � � �� 4 (122)� SeUse°yR°a (6)3 �� (149)78 t J Ln j � 656 " N P, . 1 ?4- / A \ AM Peak Aour(PM Peak Hour) Figure 7 Development -Generated Trip Assignments PHRn A Traffic Impact Analysis of the Orrick PropertZ Project Number: 13783-1-0 October 11, 2005 Page 12 U • • GN No Scale t ' ((I? 41 r� D(028(7G) n 656 �I bti C> aBl�d Site-)jrivetvaY #1 Greenpark Dr. SITE a Sertse n °' Ur� 'b (SSS)I9I 7(I2S) (7)26 U ' 657 rq (8)8� �1 N ti ti ry W 657 0�(22156 22 (261)137 33(62) (250)94.&M S) (740)273 epse�12 S42(608) (585)280�► YRoa (61)63 --% r . W N N A A � � 656 DailyAverage nT YD-l-n AM Peak Hour(PM Peak Hour) Figure 8 2008 Build -out Traffic Conditions PHI21� A Traffic Impact Analysis of the Orrick Property Project Number: 13783-1-0 October 11, 2005 Page 13 � 0 Is • No Scale 657 imersecno CN)n V LOB= U Ii B(D) 656 657 ' _ (D)C —.0 l l U_ 656 U "Suggested Improvements" WB - 1 Rieht -I- I� Y #) SITE Q, Iirtersection Improvements" LOS=B(G� Sig-tion SB - I Left C c� I �C)B � � ` Senseny Road, Denotes stop sign control ® Denotes traffic signal control * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 9 2008 Build -out Lane Geometry and Levels of Service PHR1� A Traffic Impact Analysis of the Orrick Property Project Number: 13783-1-0 October 11, 2005 Page 14 No Scale a 0 1 � C� (8)(),9 oa r`y(I (299J 656 0 o Green p"",',Dr. I Site-Drivewa #1 Average T A Daily AM Peak Hour(PM Peak Hour) Figure 1 Option B: 2008 Build -out Traffic Conditions P . tick 9 0 No Scale *� 656 Green "Suggested D� , *4`B(E)* Intersection Improvements" *(F)C LOS=B(C) 13 - izatio N NB 1 Right a Q' oro �j 656 U es t[i .i B(C) (��B ur Green SITE P��k Dr, Site-Driveway #I 656 Two -Way Left Turn Lane t° Denotes traffic signal control o; * Denotes Unsignalized Critical Movement PT T-P+A AM Peak Hour (PM Peak Hour) Figure 2 Option B: 2008 Build -out Lane Geometry and Levels of Service 0 CONCLUSION • The traffic impacts associated with the build -out of the proposed Orrick Property development are acceptable and manageable. Assuming the improvements shown in Figure 4 and Figure 9, all intersections except Greenwood Road/Site-Driveway #1 will maintain levels of service to "C" or better during 2008 background and build -out conditions, respectively. The intersection of Greenwood Road/Site-Driveway 41 would maintain levels of service to "D" or better during 2008 build -out conditions. The following reiterates the off -site roadway improvements recommended for each of the study area intersections: • Senseny Road (@,, Channing Drive: In order to achieve acceptable levels of service, this intersection will require signalization and a southbound left -turn lane in 2008 background and build -out conditions. The developer is not responsible for this improvement. • Senseny Road (cry, Greenwood Road: In order to achieve acceptable levels of service, this intersection will require a westbound right -turn lane in 2008 build -out conditions. This improvement is currently proffered by others. • Greenwood Road (a, Site -Driveway #l: This intersection will be constructed by the developer with unsignalized (STOP sign) traffic control. • Senseny Road (a, Site -Driveway In order to achieve acceptable levels of service, this intersection should be a signalized intersection with southbound left and right -turn lanes in 2008 build -out conditions. The developer would be responsible for the design and installation. • Farmington Boulevard (a, Site -Driveway #3: This intersection will be constructed by the developer with unsignalized (STOP sign) traffic control. A Traffic Impact Analysis of the Orrick Property PAProject Number:13783-1-0 H October 11, 2005 Page 15 ,. � e �!' yam'"�/f i' _ r1t � :� ii . '` ` , �.y. � ,�" � y . w,� # • - � �� +. t/ � .:, 't.• i i � (tj A, 14 161 CAI 47 71 by +�. _�?�. i' t-`"` .d S'•`' 4M `; �'' b Y�+ pr 4•+.. �.t', `_,_ I `.. �: ..,'� , / 4- '�`" . � -ih�R. Y ! r' C'� � _ .., ir1Y tit. • A � _ � - � ;ry/y5. 1r' j `,.�' _..a.�sa: ��'R::tiSex.y... iR,�L1 ..:A.`�..:•. _. '.�.��.-<. + .... T.. ..Q:•r ., - � ':�r 1ft'�. N/F GREENWOOD VOL UN 7EER FIRE CO / I I 1 I I 1 I _ - ��•�/� Itl Rt[ nM TPA CK t •% OUTPA ft .76 ACRES I tZ= SHOP 50 FOOD LION 34.928 SF I I I I ORRICK I OUTPARCEL /5 2.0 ACRES +/— j VICINITY PLAN ORRICK OUTPARCEL Y7 1.3 ACRES j 1l I I / ,1 J._— _— _ _ _ _ _ _ _ _ _ ________FUTURE ROAD BY_ QR!EEES____________—._I_ --------0.53 ACRES — — — — — -J ORRICK 1 I i I OUTPARCEL /6 1 2.26 ACRES FUTURE OFFICE / MEDICAL I l I I I I / I / I ... 1.53 ACRES I OUTPARCEL /4 I E i 0.94 ACRE +/y —.-- -- — I I CCEELL RRICK OWNED I I 1.2 AN /2 1 —. OWNED — — IBY OTHERSI ORRICK I I BY OTHERS i I OUTPARCEL I I 1 /1 j I OWNED 1.74 ACRES I a u I j \ IBY OTHERSI j I — — --•— 1 ! L r— :11�H ✓vI :IIi cllt ��• c11[1 c211 rof i• ,Im ® ✓v, rrvr vv ova rr [ir Vr Vr, VR �lU y y y r RfM111MR ✓�—_—__-__ J --_ Y ROAD - •--.--.--.----.--.- r r -.-- --.--• Kw IN[R G6TK' iuRN V�1C E%51NG TAPER I / I I / I ORRICK 1 ,tl R%[ nM I OUTPARCEL /3 1.19 ACRE — __-.-�.--•--•---- --- --- .RO.O[[D wW[C o 61G1ME `\ }T w �Rtl aN i^ aA o— z (D N 0 Z z a 0o Z0J WN 0UG a3� JYuj E S () Lu > m 0 w Q�U ow �J Q�'Z LL03 Q.M 3-7-06 SITE PIAN MOM . V41 "ALA February 2006 • 0 Orrick Commons C� PROPOSED PROFFER STATEMENT 0 Februajy 2006 0 Orrick Commons �- I IIe IMPACT ANALYSIS 0 Februa7y 2006 Orrick COIII171071S EXHIBIT A • • 18 05 04:25p F R-"t -&-0 Bon f c 'aL/Fax PHG,E NO. Nov. 18 A27PM P3 •.NeatN �.. let N�.1 e...e leiNA ' 02117 .t PAtd3A A. JW0 0 . ... MICR .-tDM XRY'COWANY,; Mc. ..... .. - .� ............................ . wK 337 Pa 179 ` MIS MAID, node and dated chit 2Nd day of NoPomerr 1;4 7. i by and t+seween beta R. Jad^s Oa, Fit", party Cr the firat part, -- Arretaaft►r walled 0►antor,-..sna 0rrtok "aotery Coapany, Inc., o rtrgtnta Oerpors lion, party of Cho spend part, horstaefttr called greater. greater. plll8L:19, ray rtrgtnl■ /aauten, Ftdow. Dy deed dated the 25rd day of Janwrr 039. of reoord is Che Clerk's Offtp of tA& 'Oirautt Court of Frederick Cowaty, rtrptata, is Deed Book 177, Page 412, oosveyed the Atretatfter descrllcd real estate tArrets described at 66 sapes. Barr or less, to it"M 0. Johason, the I" ' -Oren top -4 hwwa ka:dj sad oread ke and Oreatar conveyed the sold seal *atata.lssoohwyesoaa away prtor to luyust 6, 1964,)y deed csartnp ovok date to ✓o" 0. FakAloa and the grantor witk right of eurutosrsktp, eJ reward In Acid Clorl's Oiftcd Is hoed j. �^ A*64 ZM. paps 4551 WW sharps Orantor'e told Auiboad cited In /rodortok CauAty, rtrgteta on SAC 5%h say of septeAbor 1966, I , teetatt, Of rerord to yil: Boa► 67. pea• 5U, and 68, page <45, to edtQ Ole^k'e Gtfte@t Noy TNZAA?W yl.Y'FS=jt That the Craator, for and to oonsldaretloa of the saA of Tan and So Gas riadrodtht Dollars W0.00). the raoelpt of wAtah to hertby aaknow2odred, and othtr gaaa and Palaabls ovAsiderattvns, doe@ Atraky praat, ee11 and convoy, with general warranty of tltls. -in ,roe 8111P29, unto the Orentes, Orrick taemttery Company, _Ime., a Ilrginte Corporation. with prtAclpsl afltoe to the City of ptnakaeter, Iip^ptnta, the I, fellooIA# described rvs2 eatatat 121 that oarta:m tract or partial of land situate Cr. �sharmso Muctotortaj District. prodsrtok Couaty, rtrgtntc, ctcut three ■ties eu t of ytnohe@trr, together with the rtgatr, prtat- I _ �lsgas and cppurter,cme@a.uerato portatntag and tha iapraysatnia I_ I'. tAaroan, lnoladtaC ■ dwtlliny houso, " $AS the sou real solace f! conveyed to sate Jo AA 0. JoAAag4 by deed Pram gasman seat.& "att.d w ollwt eoAse ! nO yeweea a+e.yt -,.2 • 0 Nov 16 05 04:25p FROM Fanagonlc 'T$;D,FPX p.3 • t'h ND. Nov. 13 20AT't" Pc txa 337 nia to (1) rAa real @stet? date-ribod In dead from said JohmtonI .r to &most Nossalrodt dated Of '00 doy of daOtcmbrr 29e4. of record to Deed Soak I", Page 2e61 - (2) rho real tatete dgeartbed in "ad froa said ✓OAntoma to ibPh r, lesselrodt dated` ) a 9th day of may 1946, of record {I_. I to Deed A*Dk.196, pope 2191 (3) rho real ae ta2e'dtic rtle�ttn deed rrcm raid ✓*Ax#OA to &Oland Walter Ponntoptam dated Us Zlth day of J4me 1949' of _ II record 1a Drsd loaf 210. pare 2171 1 VM ,"d) rho real estate deetrtbod in deed from told Johnouni h to :.actor 9. 9htokls doted the 26th day of JaxrarY 1951. Of rt- cord to Iced look 227. DODO 519r (51 rAo real @#tote doeortbed th deed from onto ✓ahneane to James C. Noyoton dated toe 27th dds' Of Rarch 19SJ, of *ocord to Dead &oak 219, pass 5641 j (6) Mo real estate desartbod th deed "Pon raid Johnoome to said ll.tott2s dated the look day of &splomber 2938, of record 1` to Dted look 251, Pap a 2E71 sad, ! (7) The root Notate described to deed from said Johnson] t'O itlltas N. C:aralshd doted the 21'nd cap e.' .Lne 1961, of re- mord is Deed dock 2rl, page 473. eke Arrrin Ctnoeyamoe comooys fifty flue some, more or 2eee. (55 b.J, bolt' adds in prole old met by tAe acre' owe is esbJeot to all taechrntr and rt2Ata of wy, ifKj dtnp those for rttltty ItAB# daeartbed CFO Deed &bdc &56, papa STO dated LLe I2t Cry of febnarp 1959.amd. Dnd:Jocx 1741 Pose IO lobo tin dtA ae tl of April 19T7. 'W regard in setd Clerk's Rfftce, Iepa22Y enforo 9 isle, aflsvttmp said real tetate, and oleo to all gooenam a amd 1 Condittota. 2e2ally oaforoeooble. if any, of record to rotd'ofr-4. offectinp #aid 16eal estate. roe Grantor 000ansnts tAot aha has a good right to Von-1 oeY tar aforosatd real estate to the G extoo, that the 0rontoe shall aloe quiet pOsetoston of +aid land, that the tv" to free -from all Ilene nhd amewtra aces, esoepS�1w Awrotmbcye-?iLad'r �ohdl I I Nov 18 05 04:25p • FRO1 Panasonl c TRD/FgX • PHOW NO. NOV. is Mo. 2EPM PS - ++oc i37 wa isi � -.I t4f tr"loO• dlJa doff 4sresltr eaee4ent•ttel she otll tie OY to JYCA � T- _ D fYrt•4Jr 404arOOdee'01 tttlaOf asy aa.reglttotts. f 1rTsssf 140 jellwiv stsnatarf aad Jell tnf jtrat. day .If � itaf. sort 9tf4. WA r... r asen a>rtr a uxaiXT. - �� aceprY CAP /ItZ", to••rttl . 1. a lot" Atblso to and to^ . ths, ooaats 4f PradarN4. sie of 79rpttt6, da 4.rwbM ea►tsrV the Prop X. 44asoa, ltdoa, sheaf asaa is stsned to $As for*- . Idains deed Deartns dot• %*a tY sj soeaaier 1967. 4ao Dar- 404aJ2a appeared ".fare sa and ae4nfaisdpsd $AJ same to aW Cowt P aJ%ska'ta ajarfsatd. t, ot"s, vadfr aY Afsd Ots Q-WLCCL_dsY of Yevaaber 1967. .trrt..to" a otreet • P-4 February 2006 0 0 Orrick Commons "0 T1�X TICKET E Nov 19 05 04:2Gp FROM : P"sonic TRD,,FRX • ?FLwE NC. : NOV, 18 Me: 26of1 P2 P-s A1=w1iiamm.B11 ee6e1a92• Gwt,7rafl.wOuon.. Trans. Typsi PAY Dept/B1110. tlC2ab4 1 P/I Data: 17/1512905 11/18; 2963 Mee•: Bill Date: 6/96/2904 Nalft ,I N sae 2: Add,...; G%O MII P.-Pe, 65 A 281 • LLLLeB Owogffm- VAAo re ■O.+ 33.90 010t/Cis e9 ! a1 ZLP. Mvrt•.Oo.: D.— aa. a ;,MA 68Nt •ea - &0" 9ft RIM stv.tue. Levee. Va"T.36B fprovet 002,"M U..; a43,542 orlpinal a11-1t l331.2• Cred its $351.29 Oisobuntt }.6a nat. TVD. x1raMer 611712M4 ►AY►AY ee [ M acc 20007 MACH 63M Mount �g�y � F361.20CR of COPWA 9T 1•► AMA Vales a OOMlMT "old by SADOKB, N. M., PII.D.. a ABBOCIATTJ FS-exit ■e "To / Vs. lve/Refund ►aeon � D.t . 11/48/65 Oi' FReD"IGK Tiaat"14':32:10b muslin eeH•13.2• Cost .Tran.eotlone: r.m . Type. PAY O•ptlelllR; MG2/04 0.2E P/I D. ts: 11/10/2B•a 11/13/2000 Nerve: ORRICK CEMET[RY CONPARV. IMG. Oil` Drt.: 12;•6l2a•4 M.1T1 j Mo. 2t Aad reee: CID R M B111KB AOMN McPIP 1 DB A 261 MMPTP1C0S6LLL L58 kiLYCMlB VA. AOr.w•e: 50.95 nl.t/C1s on ; 62 Zip,. �l Mer t0.Co.: D.aoi G3.9a AGlB 6aM: I" et.SLel Lana: .D•• I6pr0 vel aa2.7a• Use: $43,849 Orl91na1 Blip }3D7.2• Oredlta: $851.29 01.eount: }.•e Oet. rime DI-y�L Trani ..nea uaner a _ . Mou_nr E4lanoa 11/17/2e•w PAY BCC Do7ai e8T 11A7 6381.26CR }.w COMMENT I:- Aee Ve1ue • cow"T 2> Paid •Y ONRIOK ClMOT"Y 000~Y, INC. Flo-6.1t 1 on..nte/ alw Kurta .ee vn Date: 11/15/•0 _ COUKrY Of FAEDERICK Tim*: tet33;13 B•a010ezB Cyst . Tran. N[leMi rsns. rips: PAY DePt!•lllfI Ream B•Z , P/I oat•: t1/l5/21.3 11:16!zBOa M �.; DAgTClS G T01Y [lirwa.AY. [NC. Bill 00te: 6;06t2065 Mal!I 1 • Mu• 2: AdarM e. 601 s u Kw ADMN Nep/: 00 A 2e7 MY,M>MD066LLLLAB WZNQj2 AC r•afl s+ 53.93 91a1tica. 09 ! 97 21P: ZZM - AMA Mo^tB.Co-t C•sti a$.W AG ES &SWI am - COMM atatuet Land: }3 Lerovei 870.409 Uesi iT2.i42 Or101nal Rill: }373.PZ Credlts1 $374.92 Discount: i.00 C C_.• 7YJZa O-wfwr Tranbo r jwaw /2005 PAY CAL 3V" O II" 5/•eA < M _ i n— oen ��12D�� a }373.02Cp .-ea COI•41s1T 1 -e Abe V.1us • co"MS1lT [-> Pal,6y OIIRICKI CVMTERY COMPANY, INC. 7-3.EY1t I13-caswent./va ee/Raft/ eson B 2005 T A X R E C E I P T - 2dD H A L F FRCDCKZ"K COUNTY MILLZAN ORNDOFF, JR P.D. BOX 225 W:NCr?ESTER VA 22604-0225 200 REAL ESTA-.'E -AXES 503 5 ACRE & 55 A Acres: Land: 72042 Zlnpt ORRICK CFBn-DK PINY COidPAA'Y. ItIC. c O It N BORES r.N 5 1 3 BRJ►DDOCK ST W-11=CSTER, VA. 2260:-I0IB Ticket 1:002606.0002 DatV 11/16/2005 0� �R ate:: :.J"' J cans. 1: 0z4239 Arctf+' H992002 201 201 53 nr viou3 Be ance :i3.91 nclpal 't010b gg$ Be Pineltydy f Zntarest S 3T3:0� 00 Amount Paid $ 373.9: *Balance Due 5 .OD Pd Dyy ORRICK CEMETERY COKPANY Two. ^he-k 3i3.91 f BST 1203 B1ILANCE DUE INCLUDES PbN71LiY IN�'EREST THRU THE MONTH 11/2005 0 Februa)y 2006 0 Orrick Commons • V• SURVEY PLAT & DE E D • • 1, Co; 4 it COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant I1 SUBJECT: Return Of Sign Deposit DATE: October 13, 2006 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 Rezoning #04-06 for Orrick Cemetery. 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: RSA/pd Paramount Development 263 White Oak Dr. Beckley, WV 25801 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 . • E .j e • • ��p�e fad\ aOa T A X R E C E I P T MERICK COUNTY WILLIAM ORNDOFF, JR �e5 �.O. BOX 225 / WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING Ticket #:00005300001 Date 3/13/2006 Register: BCC/BC Trans. #: 54501 Dept # 1095 Acct# Previous Balance $ 150.00 Principal Being Paid $ 150.00 Penalty $ .00 Interest $ .00 Amount Paid $ 150.00 *Balance Due $ .00 Pd by PLANNING Check 79977.87 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 3/2006 L-1 E ZpT • #' p 49 9ppp1 6 p 3 l � lcket Date te- cCl� BC B 545p1 Regis #; Trans # ZASY t D p DATE, / �V (,� t�U w NO. 2701 RECEIVED FROM �a'Y''ry'�r`' ADDRESS - 4- OLLAR $ FOR b� —` ci£ `1 !�/11. C, �-i 7'Q vi i a 1C{ AMT OF I CASH ACCOUNT BADUECE MONEY J BYC�c�?.(�Q,+_ ORDER - �G pEt1ALTYIi�TB�v✓- Pd by DOS EZ�CLVD�s BALANCE 46 APR 1 1 2006 � S ��s�;� s �� ►1 p rr� pLk6i�G he a�i�r9 c•� �%t�. re- - �'prrrC.teey �?rC�J�✓�y ��iihd hous2 Xie- � 2✓ yOw Spy, �S iz�Fr,frc��e�2 ha�/�i�r� C�l�ow �G►eY iwpod-anf l)LO&r,17y5 place, tctaf -dtgen we- Gt✓r-'Ucd Fvec4,r,,c4 r,, -� r on aril l deny cut 7poi f"he. 7"15 pM beer" if w e u ewe ; -11e 1,16111ujLy rti'e;�� few t-Eh c�ir� nc--r9L� borS (.�►7ld t-1")a/ly 71�� bOC�rG� ►COk41 L(eU �ecC and we u1ev� f r� o�� ly -�v he -fie (c� �tia c�uc 4c -/4 e -e hour flt �70L"'Idr�f J�f fo I -he Orrrck pvore'fj /SSuc-�-AaJ- hr yh f, lei 14 A C411e i- � vy►P ovfcz � f vl eGt v� l � g could have hem, bed--ev, �D G1QVe. hctd A eWt 11,ykjS So�rv'z� �Gf2 mime- `fitqa kid `{fie �e8 le d.eseeve. : So o uY heap-; ��y c1-7 D�-vfG% p�o�p�v �y lv/�e ccv?oJ(�er f) kw/ .cn6�4sf- d-ay 4renl Cq-)OV4- n0f, `��t e 3 h r to a t Gt� 61 �'rt y p u saw 11 f �rrC'v►'"� �'YtoVl/2c� Gzt vn� �s y��-t �,�;Ci yr�'�d � c�ou c��Cd /�a �� )G�� the C pck✓�eS �c, c owe-- eLo A �e CC, ze-S f/,L aiz- we, w e e 40- J127L /vI � �s pl�h�r�y �'ory-rrrrtg,c,�ri , yaKr 120,V7 -1,D>Q,�y. George DaFliko 20 7 Senseny Rd. Winchester, VA22602 --low • rre 61 e r-1 C*- C/,C/ 4d W /Al'?•'9 4nA- Id'f,," I Iq -nl IC /0 cl D(e v el 0 file" ,, /Ce417 f Str e W , , c k s fe, t1,4- -.2 2 & o / ' r SINCE Q FROEHLING & ROBERTSON, INC GEOTECHNICAL • ENVIRONMENTAL • MATERIALS ENGINEERS • LABORATORIES "OVER ONE HUNDRED YEARS OF SERVICE" 1734 Seibel Drive NE Roanoke, Virginia 24012 Telephone: 540-344-7939 Fax: 540-344-3657 January 31, 2006 David Harner Paramount Development Corporation 607 Briarwood Drive Suite 5 Myrtle Beach, South Carolina 29572 Subject: Wetland Delineation & Perennial Stream Determination 55+/- Acre Site Winchester, Virginia F&R Project Number G62-393E Dear Mr. Harner: Froehling & Robertson, Inc. (F&R) is please to present the enclosed Wetland Delineation and Jurisdictional Determination reports of the above referenced site located in Winchester, Virginia. We appreciate the opportunity to serve as your Environmental Consultant. If you have questions, comments or additional needs please feel free to contact Greg Whitt at (540) 344-7939. Sincerely, FROEHLING & ROBERTSON, INC. F Gr Whitt E Ironmental Group Manager Attachment: Three (3) Wetland Delineation and Jurisdictional Determination reports CC: John Pappas, F&R Crozet SINCE w FROEHLING & ROBERTSON, INC. v GEOTECHNICAL • ENVIRONMENTAL • MATERIALS a ENGINEERS • LABORATORIES "OVER ONE HUNDRED YEARS OF SERVICE" 1 881 3015 Dumbarton Road Telephone: (804) 264-2701 Facsimile: (804) 264-1275 November 23, 2005 U.S. Army Corps of Engineers Norfolk District 18139 Triangle Plaza, Suite 213 Dumfries, Virginia 22026 Re: Paratnotuit Development — 55 Acres Wetland Delineation & Request for Jurisdictional Wetland Determination F&R Project No: G62-393E To Whom It May Concern: Froehling & Robertson, Inc., (F&R) presents herein the results of a Wetland Delineation completed on a parcel of land located in Frederick County, Virginia. The project area includes approximately 55 acres, assigned Tax Map 55-A-201, and located at 39.1682 N and 78.1197 W. It encompasses (west to east) gently sloping grassed uplands into a mix hardwood and softwood forest on the eastern portion of the property. The project area is hereafter referred to as the Site. On November 20 and 21, 2005 Mr. David Martin of F&R performed a wetland delineation on the Site in accordance with methods set forth in the 1987 Corps of Engineers Wetlands Delineation Manual. F&R identified two jurisdictional wetlands; one a low lying wetland swale that enters on the Site's southwestern boundary, exiting shortly thereafter at a property boundary. The second wetland showed surface water movement flowing northeast along the western portion of the Site. This feature apparently is fed by a culvert from an adjacent improvement's storm water detention basin. An isolated circular ditch was observed to be holding water on the top of a hill within the Site's eastern portion. This feature is not considered a part of a natural system, therefore not a jurisdictional Water of the U.S. The Site's features are illustrated on Drawing No.2 in the Attachments. HEADQUARTERS: 3015 DUMBARTON ROAD • BOX 27524 • RICHMOND, VA 23261-7524 TELEPHONE (804) 264-2701 • FAX (804) 264-1202 • www.FandR.com BRANCHES: ASHEVILLE, NC • BALTIMORE, MD • CHARLOTTE, NC • CHESAPEAKE, VA CROZET, VA • FAYETTEVILLE, NC • FREDERICKSBURG, VA • GREENVILLE, SC HICKORY, NC • RALEIGH, NC • ROANOKE, VA • STERLING, VA SINCE F&R 0 PRELIMINARY DATA GATHERING F&R reviewed the USGS 7.5 Minute Topographic Quadrangle Map of Stephenson, VA for obvious indications of wetlands or other "Waters of the U.S." on the Site. The USGS Map depicts two intermittent channels; one along the western portion of the Site and one along the eastern portion. F&R observed the western feature to be a jurisdictional wetland with surface flow. The eastern channel was not observed during the site reconnaissance. The man made ditch within the Site's eastern portion was depicted on the USGS Map. F&R reviewed the National Wetlands Inventory (NWI) Map at http://www.nwi.fws.gov/index.htn-11. The Site's western wetland features are depicted as an intermittent stream in the NWI Map. The man made ditch within the Site's eastern portion was depicted on the NWI Map. F&R reviewed the Frederick County Soil Survey for hydric soils or water features located on the Site. The survey maps the Site into approximately two soil series. Clearbrook Channery Series soils associated with the Site's uplands are moderately deep, somewhat poorly drained soils comprising areas that are used for pasture and hay, as well as areas used for cultivated crops and as woodland. The slopes range from 2-7 percent. The Site's western feature is shown as an intermittent channel within the Weikert-Becks Series. This soil is characteristic shallow, strongly sloping, well drained soils in the valley and on the mountains within Frederick County. The slopes range from 7-15 percent. The soil survey depicts an intermittent channel along the eastern portion of the Site within the Weikert-Berks Series. This channel was not observed during the site reconnaissance. ON -SITE INSPECTION METHODOLOGY The methodology used for conducting the wetland delineation was in general accordance with the 1987 COE Wetlands Delineation Manual, along with the COE clarification memorandum (dated March 6, 1992), The routine wetland determination, as described in Section D Subsection 3, was employed. F&R walked the Site boundary and made several transects through the property. Welland Delineation 23 2 November , 2005 Paramount Development— 55 Acres F&R Project No. 23 Frederick County, Virginia ,393E SINCE oe 1881 Observations of soil, plants and hydrology were made throughout the project area as necessary to provide the delineation of apparently jurisdictional wetlands. F&R established two Observation Points on the project Site to confirm the location of the wetland boundaries and three Channel Observation Points to define other "Waters of the United States". At the Observntin„ Pnintc n determination of the three criteria for wetlands (hydrophytic vegetation, wetland hydrology and hydric soils) was completed (see Routine Determination Field Data Sheet in Attachments). F&R also noted the presence or absence of an "ordinary high water mark" as a criterion to define "Waters of the United States". SITE OBSERVATIONS During the site reconnaissance, F&R identified two jurisdictional wetlands; one a low lying wetland swale that enters on the Site's southwestern boundary, exiting shortly thereafter at a property boundary. The second wetland showed surface water movement flowing northeast along the western portion of the Site. This feature apparently is fed by a culvert from an adjacent improvement's storm water detention basin. Ali isolated circular ditch was observed to be holding water- on the top of a hill within the Site's eastern portion. This feature is not considered a part of a natural system, therefore not a jurisdictional Water of the U.S. LIMITATIONS This Wetland Delineation has been prepared for the exclusive use of Paramount Development and their authorized agents on this specific project. This report has been performed using generally accepted environmental practices and wetland identification and delineation guidelines established by the 1987 USACE Wetlands Delineation Manual. Our conclusions are based on field observations made at the time of our site visit and, in part, upon information provided by others. Changing weather conditions and differing interpretation of field observations may influence the characterization and delineation of wetlands on the subject site. No other warranty, expressed or implied, is made. We have not verified the completeness or accuracy of the information provided by others. Froehling & Robertson, Inc. by virtue of providing the services described in this report, does not assume the responsibility of the person(s) in charge of the Site, or otherwise undertake responsibility for reporting to any local, Wetland Delineation 3 November 23, 2005 Paramount Development— 55 Acres F&R Project No. G62-393E Frederick County, Virginia SINCE 0 state or federal public agencies any conditions at the Site that may present a potential danger to public health, safety or the enviromnent. In areas that require notification of local, state, or federal agencies as required by law, it is the client's responsibility to notify. If you have any questions/comments or require further information, please do not hesitate to contact me at (804) 264-2701. Respectfully submitted, FROEHLING & ROBERTSON, INC. 4 C�Awz:�- David M. Martin Environmental Scientist Environmental Services Wetland Delineation Paramount Development— 55 Acres Frederick County, Virginia i Ron W. Etter, C.H.M.M Senior Environmental Professional Environmental Services 4 November 23, 2005 F&R Project No. G62-393E SINCE FAR 0 1881 ATTACHMENTS Wetland Delineation & CBPA Analysis 5 August 15, 2005 Hunting Run - 46-Acres F&R Project No. 054-208F Spotsylvania County, Virginia .f USGS 7.5 Minute Quadrangle of Stephenson, Virginia topographic map provided by http://www.topozone.com - Approximate Site Location F&R SINCE 1881 Froehling & Robertson, Inc. SITE VICINITY MAP Wetland Delineation - Paramount Development Tax Map 55-A-201 Frederick County, Virginia DRAWN: DMM SCALE: NTS PRO] N0: G62-393E CHKD: DMM DATE: 22-Nov-05 I DWG NO: 1 �,-. t ��sdif'ns. y� i e�5ri \3 ids3L s c t ,fit ttrJt� a ems➢ t r k =r.-fa�z _� S a zt a S t�z� � +5,„5 � 'x- ��c.aT � ?«tz �. �,.# F"3:r��'Rt' � ��i,'1`�' (ry �• _ "S i l '$.r,- `.' ��g, ��`t3� t�c,z F � �` � ' � ��en.� ra .:. Mix Applicant: Paramount Development AttaFile Number: 05-BO126 Date: 25 Jal' 2006 ched is: INITIAL PROFFERED PERMIT (Standard Permit or Letter of permissSee Section below ion) PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL X APPROVED JURISDICTIONAL DETERMINATION C PRELIMINARY JURISDICTIONAL DETERMINATION D E d CmON 17hezfailowni'griclen�lfis yaurriglits andYotions regarcling a �dnisiraii�e a eal,oh K. 6 s Y r �k pp e above deczsibn Add honal m%rmairon lnay be omI at I1f Ilusacef arm nullrnetJfui�ctlorislcw/cecwolre or Ct `s re atzoris at 33CFR Past 331 Y ' g A: INITIAL PROFFERED PERMIT. You inay accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fuial authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may Iprovide new information for further consideration by the Corps to reevaluate the JD. I 'c 4 REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an� initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision and/or the appeal process you may contact: U.S. Army Corps of Engineers, Norfolk District Northern Virginia Field Office Attn.: Mr. Ronald H. Stouffer, Jr. 18139 Triangle Plaza, Suite 213 Dumfries, VA 22026 703-221-6967 or email ron.h.stouffer@usace.army.mil If you only have questions regarding the appeal process you may also contact: United States Army Corps of Engineers North Atlantic Division Attn: Mr. James Haggerty, Regulatory Appeals Review Officer Building 301, General Lee Avenue Fort Hamilton Military Community Brooklyn, NY 11252 718-765-7150 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site investiaation.a Date: Signature of appellant or Telephone number: 1 �r t �^•., "sift ��. �f'rr I 1 M1}�y' ➢ 'A. J Y r s. a Wetlands Data Avail = uOf Stetbensc PENA Virginia 65fi 6b7 ti- C, NWI/Aerial Map Map Legend Settinc Interstate Major Roads Other Road Interstate State highway N US highway Roads CONUS Cities CONUS USGS Quad Index 24K Lower 48 Wetland Polygons Estuarine and Marine Deepwater Estuarine and Marine Wetland t, ,71 Freshwater Emergent Wetland Freshwater ForestedlShrub Wetland e Freshwater Pond Lake Other Rlverine Lower48 Available Wetland Data No Wetlands Data Available Wetlands Data Available MHD Waterbodies NHD Streams Canadian Waterbodies CONUS Counties 100K Urban Areas 300K Q CONUS States 100K n South America DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Frederick County, 55 Acre parcel Date: 11/20/2005 County: Frederick State: VA Applicant/Owner: Paramount Development Investigator: Froehling & Robertson, Inc. - David Martin Do Normal Circumstances exist on the site? Yes /1 No ri Is the site significantly disturbed (Atypcial Situation)? Yes F-1 No r l Is the area a potential Problem Area? Yes n No r�rl (If needed, explain on reverse). Community ID: Wetland Transect ID: A Plot ID: 1 VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator Juncus effusus herb FACW+ T pha latifolia herb OBL Solida o canadensis herb FACU rass spp. herb NI Cephalanthus occidentalis herb OBL Percent of Dominant Species that ar OBL, FACW or FAC (excluding FAC-) 60% Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): Stream, Lake or Tide Gauge Aerial Photographs _ Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated _ Saturated in Upper 12 Inches Water Marks Drift Lines Sediment Deposits _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): x Oxidized Root Channels in Upper 12 Inches Water -Stained Leaves _ Local Soil Survey Data x FAC-Neutral Test Other (Explain in Remarks) Field Observations: Depth of Surface Water: n/a (in.) Depth to Free Water n/a (in.) Depth to Saturated Soil: n/a (in.) Remarks: SOILS Al Map Unit Name: (Series and Phase): Clearbrook Channery, 2-7% Drainage Class: somewhat (913) poorly drained Taxonomy (Subgroup): Field Observations Confirm Mapped Type? Yes F No :1 Profile Description: Depth Matrix Color inches Horizon (Munsell Moist) Mottle Colors (Munsell Moist) Mottle Texture, Concretions Abundance/Contrast Structures, etc. 0-3 Al 10YR 4/3 10YR 4/4 many/faint clay loam 3-8 A2 10YR 5/2 2.5YR 3/6 common/distinct clay loam 8-14 B 10YR 5/2 2.5YR 3/6 many/prominent clay Hydric Soil Indicators: Histosol Concretions Histic Epidodon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List x Reducing Conditions Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes '° No L Wetland Hydrology Present? Yes!': Noy— Hydric Soils Present? Yes= No Is this Sampling Point Within a Wetland? Yes �= No!: Remarks: Low-lying topographic swale DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Frederick County - 55 Acre Parcel Date: 11/20/2005 County: Spots Ivania State: VA Applicant/Owner: Paramount Development Investigator: Froehling & Robertson, Inc. - David Martin Do Normal Circumstances exist on the site? Yes P%J No 1-1 Is the site significantly disturbed (Atypcial Situation)? Yes F-1 No -/1 Is the area a potential Problem Area? Yes i,--.I No 171 (If needed, explain on reverse). Community ID: Upland Transect ID: A Plot ID: 2 VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator grass spp. herb NI Solida o canadensis herb FACU Daucus carota herb NI Percent of Dominant Species that ar OBL, FACW or FAC (excluding FAC-) 0% Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): Stream, Lake or Tide Gauge Aerial Photographs _ Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated _ Saturated in Upper 12 Inches Water Marks Drift Lines Sediment Deposits _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches Water -Stained Leaves _ Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Field Observations: Depth of Surface Water: n/a (in.) Depth to Free Water n/a (in.) Depth to Saturated Soil: n/a (in.) Remarks: No wetland hydrology. SOILS A2 Map Unit Name: (Series and Phase): Clearbrook Channery, 2-7% Drainage Class: somewhat (913) poor drained Taxonomy (Subgroup): Field Observations Confirm Mapped Type? Yes F, No =l Profile Description: Depth Matrix Color inches Horizon (Munsell Moist) Mottle Colors (Munsell Moist) Mottle Texture, Concretions Abundance/Contrast Structures, etc. 0-3 A 10YR 4/2 n/a n/a clay loam 3-6 B 10YR 5/3 10YR 5/6 few/faint clay loam 6-14 C 2.5Y 6/4 7.5YR 5/8 few/distinct clay Hydric Soil Indicators: Histosol Concretions Histic Epidodon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes Not= Wetland Hydrology Present? Yes r= Nor= Hydric Soils Present? Yes j_ No r= Is this Sampling Point Within a Wetland? Yes '= Nor= Remarks: Upland data point adjacent to wetland swale. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Frederick County, 55 Acre parcel Date: 11/21/2005 County: Frederick State: VA Applicant/Owner: Paramount Development Investigator: Froehling & Robertson, Inc. - David Martin Do Normal Circumstances exist on the site? Yes IfJ No f l Is the site significantly disturbed (Atypcial Situation)? Yes r-1 No iv-1 Is the area a potential Problem Area? Yes r i No f J (If needed, explain on reverse). Community ID: Wetland Transect ID: A Plot ID: 1 VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator grass spp. herb NI Eupatorium maculatum herb FACW Solida o canadensis herb FACU T pha latifolia herb OBL Percent of Dominant Species that ar OBL, FACW or FAC (excluding FAC-) 50% Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): _ Stream, Lake or Tide Gauge _ Aerial Photographs _ Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated x Saturated in Upper 12 Inches Water Marks Drift Lines Sediment Deposits _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): x Oxidized Root Channels in Upper 12 Inches Water -Stained Leaves _ Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Field Observations: Depth of Surface Water: n/a (in.) Depth to Free Water 3 (in.) Depth to Saturated Soil: 0 (in.) Remarks: SOILS Al Map Unit Name: (Series and Phase): Weikert-Berks channery Drainage Class: well -drained (41 C) Taxonomy (Subgroup): Field Observations Confirm Mapped Type? Yes 7 No I Profile Description: Depth Matrix Color inches Horizon (Munsell Moist) Mottle Colors (Munsell Moist) Mottle Texture, Concretions Abundance/Contrast Structures, etc. 0-1 Organic Layer 1-8 A 7.5YR 5/1 7.5YR 5/8 many/distinct Clay 8-14 B Gle 5/1 7.5YR 5/8 many/distinct Clay Hydric Soil Indicators: Histosol Concretions Histic Epidodon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes f—'—' No' Wetland Hydrology Present? Yes '' Nor- Hydric Soils Present? Yes No �— Is this Sampling Point Within a Wetland? Yes E No r- Remarks: Wet drainage swale from a stormwater retention pond culvert. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Frederick County - 55 Acre Parcel Date: 11/21/2005 County: Spotsylvania State: VA Applicant/Owner: Paramount Development Investigator: Froehling & Robertson, Inc. - David Martin Do Normal Circumstances exist on the site? Yes rJ No ri Is the site significantly disturbed (Atypcial Situation)? Yes n No pq Is the area a potential Problem Area? Yes rl No V1 (If needed, explain on reverse). Community ID: Upland Transect ID: A Plot ID: 2 VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator grass spp. herb NI Solida o canadensis herb FACU Daucus carota herb NI Eupatorium maculatum herb FACW Percent of Dominant Species that ar OBL, FACW or FAC (excluding FAC-) 25% Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): Stream, Lake or Tide Gauge —Aerial Photographs _ Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated _ Saturated in Upper 12 Inches Water Marks Drift Lines Sediment Deposits _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches Water -Stained Leaves _ Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Field Observations: Depth of Surface Water: n/a (in.) Depth to Free Water n/a (in.) Depth to Saturated Soil: n/a (in.) Remarks: No wetland hydrology. SOILS A2 Map Unit Name: (Series and Phase): Weikert-Berks channery Drainage Class: well -drained (41 C) Taxonomy (Subgroup): Field Observations Confirm Mapped Type? Yes F� No 1 Profile Description: Depth Matrix Color inches Horizon (Munsell Moist) Mottle Colors (Munsell Moist) Mottle Texture, Concretions Abundance/Contrast Structures. etc. 0-3 A 10YR 5/3 n/a n/a Clay loam 3-8 B1 10YR 5/3 7.5YR 5/8 few/faint Loam 8-10 B2 2.5Y 6/3 7.5YR 5/8 few/faint Loam 10-14 C 2.5Y 6/3 10YR 6/8 many/distinct Silt loam Hydric Soil Indicators: Histosol Concretions Histic Epidodon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes r- Nor= Wetland Hydrology Present? Yes No Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes'- Not= Remarks: Upland data point adjacent to wetland drainage swale. C) Norfolk Disti-iot CORPS OF ENGINEERS FIELD APPROVED JURISDICTIONAL DETERMINATION Date: January 25, 2006 Applicant: Paramount Development Project Name: Paramount Development Project Number: 05-BO126 Agent: Froehling & Robertson Inc. Project Location: Frederick County This serves as a field approved jurisdictional determination that waters of the United States (including wetlands) are present on this property. Our basis for this determination is the application of the Corps' 1987 Wetland Delineation Manual and the positive indicators of wetland hydrology, hydric soils, and hydrophytic vegetation. The wetland is a waters of the United States and is part of a tributary system to interstate waters (33 CFR 328.3(a)). These waters meet the Corps' definition of waters of the United States and are part of a tributary system to interstate waters (33 CFR 328.3(a)) and have an ordinary high water mark (or high tide line). _x_ We agree with the wetland delineation as flagged and as described in the letter, report and plans dated November 23, 2005. We agree with the wetland delineation as flagged with the following modifications (a revised map is required): There are jurisdictional waters or wetlands on your property, which are contiguous with . We recommend that you have a wetland delineation performed. There are no jurisdictional waters or wetlands on the subject property. All waters/wetlands on the property are isolated and will not require a Department of the Army permit. However, a permit may be required from the Virginia Department of Environmental Quality. Any discharge of dredged and/or fill material associated with mechanical land clearing, stumping or grading (such as with an excavator, bulldozer, or root rake), or any filling in jurisdictional areas will require a Department of the Army permit prior to such work occurring. An administrative appeals form is enclosed. This jurisdictional determination is valid for a period of five years from the date of this letter, unless new information warrants revision of the delineation before the expiration date. If you have any questions, please contact the project manager listed below. A condition of this jurisdictional determination is that you maintain the locations of the wetland delineation flags as they are now situated on the site, Once a plan of development is formulated it would be in your best interest to have the actual wetland boundary located by survey and superimposed on any future proposed plan to determine whether jurisdictional wetland would be impacted by the proposed development, and to determine whether a Department of the Army permit would be required. 703-221-6967 Ronald H. Stouffer, 7r. Telephone number Corps of Engineers Project Manager Paramount Development 05-BO126 Supplemental Information 1. A search of the Virginia Department of Historic Resources Data Sharing System revealed the following: No known historic properties are located on the property. _x_The following known architectural resources are located on/near the property. (see attached map) The following known archaeological resources are located on/near the property. (see attached map) 2. A search of the Virginia Department of Conservation and Recreations' data revealed the following: _x_No known populations of federally listed threatened or endangered species are located within one minute latitude/longitude of the property. The following species are known to be within one minute latitude/longitude of the property. The property is within a known concentration area for the following species: 3. We suggest the following avoidance, minimization, and compensatory mitigation measures be incorporated into any plans you prepare for the property: Avoid and minimize impacts to waters of the United States, including wetlands, to the maximum extent practicable. Please note this information is being provided to you based on the preliminary data you submitted to the Corps relative to project boundaries and project plans. Consequently, these findings and recommendations are subject to change if the project scope changes or new information becomes available and the accuracy of the data. Lastly, the Corps only consulted the Virginia Department of Conservation & Recreation's database. You may want to consult the Virginia Department of Game and Inland Fisheries' database at www.dp-if.va.state. us E ;4Ftj ing unlicensed DynamicPDF feature. DynarnicPDF.com Il:o:so) Virginia Department of Historic Resources Data Sharing System, 12/28/2005 -r ti LZ j a � :: i "•r.4 f YO�G 3 �.r � � 034-1035 `° - ._:' '` ;_...ri l 4 } > * u 034-114 ,144. 154 i" T `\434-0456' 1 034 1155�7iit t :r♦h' x��: t ✓44FK0375 1r 0341158 �� 44FK0330_r 13+y 3�k4§�c-�1Dx-� 1dt54$r.�93 1VgiF�faK�pa+na�'t D°.r3ti':r8'��.f,�`5 'uf i ?sw,��t��s°•A4Dy4ti"53F�40y'K(f1r0`�r`9f0r`Htira.k} � �iltr:f^ �j034d404FK03ytt1 03,50�At��ti-0 44FK0364 44F 2 59 44FK0358 034 5051K0371; FFK0579 444i4FK05r3 44FK0"2 44 0042 0 44FK038 u3a;4tt4FFik1-0KC- U0-13r\3o0' — 6 ..4i '- -�'64;2 1-r3`�.8�ti2•}iL'L5,t0xaA\w�05.=ri -++- T 'i�`Yy�Y��,S ,i`7-1'�_Y'��j'i��.`'1,� ,J�+ ,.r�%'rj i:;:n,`:�J7`1S�'`ri1'a' C„' � y!•r � t,�So/I, �'t —u ^•t.'i�J`r��—�`.'s(ySar�;•i?i>A �1,ir1l^'i+c.l'- '�i�-9�I:.—f,i<1!.l /f�zit.o" \..r'� Sf -i.e'l'o.C'.'�r "~r•_.• :�fir -�-�f; `�.` , —4r:4i.ce * +_-=.} r0-�, r�^`"a (�\�0yfc ,0t".3,�c`�d3aa.1"!.,,.�-}, 4. y �1-0y�1�>t43v{-`5-y1i"'!te�+5"-:\ \ i '*ti.r�+l_,-� ;r.='.f¢r� . 'j.1yi'.ik ,�'.x31`�Cl I�Ki,r x}.!T �`'Cs�'¢Ss}�,r"3'��. fr.;SM'}sbt+-f''-,.;;:I,!'v]•aY'�L` v`jar � a t ,. 0�lrt{�fr3`f0r+•t c Y`,4t }-,Fs 3"` f7�. -;4_�1Ea:~'ri�1-1��"�r,1�}.� .�tea►XJ3x�r1i.+�t E��s �7ff� �.f1�r>oU. i{ �i�(t ♦s`�� F�f67sjt.e !'�� .+`�t `;'.•1�j"1}t��i ',+§,Rt _��t�p :t'tlx0�.y!.'y3.�`.^;1x..: 5 '�cb 3Z,l��FC .f'44:�< ti -04.,t 1.)r�F rFi�4dam}j; �♦«2-i.� 'tt`' in�1[- '3�ss�_1t#3<, 2r..,y��h.+-g`'t�}�'r �- ti^4if7-•tY�•`�'„a`�;`:5/.Lij/ 341412. .' i: 34-0420 034-0422 f 34 0340417 034 156 WIC44FK0293034 1133�6 4FK032' 2 031176 � t�°•Jt�< +4 <£ ✓_4'*_ �is'r,� �1✓y �1 03i1175 1 ` 034-1130 Yfd34�04 4l32034 11333x, .F+. r 5�. :•> _ 'AA 034 113�ry�✓' K 44 FK r0295 �,t 4a FK0298 Ks' - + 034 1134 (0.En8Y Ie78 g� ��) 44FK0469 MBP tr¢�riTOWI D+� t(1ifl Co gb� g�+h t�fiirr>7�Cpr{� r15 d1r,`•20Q3'J+t�i (01� P '�•-Y�, Virginia Department ofeHisoric Resources. -June 2005 Paramount Development LEGEND Archil.eCL ire La bets A rcha ec-iog y Labels Interstates ❑Architecture (Potyg on) r"'f9 ArchaeolOgy 1�•� (Polygon) County Oouraary 24k TOPO 1Lh7k TOPO ENVIRONMENTAL FEATURES N S FL AREA IN ACRES TOTAL DISTURBED % DISTURBED % IN O.S. ARCA IN 0.E Remaining wetlands located within commercially zoned portion of site REC UNIT SUMMARY TOTAL UNITS = 175 REQU I RED REC UN I TS (1 /30) = 5.83 MONETARY VALUE = $145,750 COMMUNITY CENTER REQUIREMENT A COMMUNITY CENTER SHALL BE PROVIDED WITH A VALUE EQUIVALENT OR GREATER THAN 3 RECREATION UNITS/30 SINGLE FAMILY SMALL LOT UNITS. ($92,250) PROJECT SUM TOTAL AREA: EXISTING ZONIN EXISTING USE: PROPOSED USE: TAX ID NO: MAGISTERIAL DI OPEN SPACE ARE OPEN SPACE PRO 1 HOUSING SUMMAR PERMITTED DENS I. ALL PROPOSE[ 2. SEWER AND 1A 3. NO 100 YEAR 4. NO STEEP SL( 5. UTILITY LOCH 6. TOPOGRAPHIC 7. ALL RES I DEN"i THE STATE. 8. COMMERICAL TABULATED US I AREAS (ACRES) 22.06 27.19 6.42 55.67 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 NOTIFICATION OF PUBLIC MEETING June 14, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-06 FOR ORRICK CEMETERY, INC. On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, June 28, 2006, 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 #04-06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) with proffers, for Mixed Use Commercial/Residential. The property is located in the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-201. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, 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, X. 4t Susan K. Eddy Senior Planner SKE/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify t at e attached correspondence was mailed to the following on I Ej from the Department of Planning and Development, FreArick County, Virginia: 55J 1- 6 118- Orrick Cemetery Co., Inc.. HAMMOND, CHRISTOPHER S & CARLA A c/o R. W. Burks Admin. 210 TREFOIL CT 501 S. Braddock St. WINCHESTER, VA 22602 7680 Winchester, VA 22601 55J - 1. 6- 119- JARL, DAVID R & KAY E Patton Harris Rust Associates, PC Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 F�fPD Winchester, VA 22601 55 - A- - 199- GREENWOOD VOLUNTEER FIRE CO. PO BOX 3023 WINCHESTER, VA. 22604.2223 55 - A- - 192- GREENWOOD BAPTIST CHURCH 779 GREENWOOD RD WINCHESTER, VA. 22602-7641 55 - A- - 184- WINSLOW, BETTIE E 711 GREENWOOD RD WINCHESTER, VA. 22602-7641 55J - 2- 1- 69-A THE RYLAND GROUP, INC 4100 MONUMENT CORNER DR STE 30 FAIRFAX, VA 22030 212 TREFOIL CT WINCHESTER, VA 22602-7680 55J - 1. 9. 204-A BRIARWOOD ESTATES HOMEOWNERS ASSOC INC PO BOX 29 STEPHENS CITY, VA 22655-0029 55J - 1- 9- 194- PFORR, STEPHEN P & ANGELA C 120 TEABERRY DR WINCHESTER, VA 22602-7684 55J - 1- 9- 195- TULLIS, JONATHAN B & ELIZABETH C 122 TEABERRY DR WINCHESTER, VA 22602-7684 14 Susan K. Eddy, Senior Planne Frederick County Planning Dept. STATE OF N IRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County of said, do hereby 6fertify that Susan K. Eddy, Senior Planner for the Depar me of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the sa e in my State and County nfhresnid. Given under my hand this My commission expires of VV,6/C-- 55J - 1- 9- 196- OTOYA, ALBERTO C 124 TEABERRY DR WINCHESTER, VA 55J - 1- 9- 197- SHIELDS, JOHN 126 TEABERRY DR WINCHESTER,VA 55J - 1- 9. 198. RUDOLPH, MICHAEL J 128 TEABERRY DR WINCHESTER,VA 55J - 1- 9- 199- DOWSETT, MALINDA A SDAM*EORGE 65 - A- 22- T 22602-/684 2097 SENSENY RD WINCHESTER, VA 22602-8918 65 -A- - 21- RHODES, ROCKY J & ETALS 22602-7684 2085 SENSENY RD WINCHESTER,VA 22602-8918 55 - A- - 202- LLOYD, CHARLES D 22602-7684 & RITENOUR, PENNY L 2045SENSENY RD 130 TEABERRY DR WINCHESTER, VA 22602 55J - 1- 9- 204. DISHONG, RONALD C & ELIZABETH A 215 LADYSLIPPER DR WINCHESTER,VA 22602-7692 55K - 1- 2. 25- CAMPBELL, CHARLES R CAMPBELL, DARLENE E 401 FARMINGTON BLVD WINCHESTER, VA 22602 55K - 1- 1. 24- ORR, GENE & LAURIE L 400 FARMINGTON BLVD WINCHESTER, VA 22602 55K - 1- 1- 14- NEAVERTH, JAMES E & KAREN S 118 SESAR CT WINCHESTER, VA 22602 55K - 1. 1- 13- COLLINS, THERESE M & CHRISTOPHER E 120 SESAR CT WINCHESTER, VA 22602 55K - 1- 1- 12- MCDONALD, PAULA K 121 SESAR CT WINCHESTER, VA 22602 55K - 1- 2. 41-A LYNNEHAVEN HOMEOWNERS ASSOC, INC C/O CLAGGETT MGMT 20 W THIRD ST FREDERICK, MD 21701-5331 65 - A- - 23- MORELAND, RUSSELL W & VELMA 2105SENSENY RD WINCHESTER,VA 22602-8901 WINCHESTER, VA 22602-8918 65A - 1- - 8- TAYLOR, SHANE P 2037SENSENY RD WINCHESTER,VA 22602-8918 65A - 1- - 7. AGREGAARD, HENRY JOSEPH III 2031SENSENY RD WINCHESTER, VA. 22602.8918 65A - 1- - 6. BAKER, SKIP & VICKIE A PO BOX 4272 WINCHESTER,VA 22604-4272 65A - 1- - 5- LAWRENCE, ERNEST H & LENA 2019SENSENY RD WINCHESTER, VA 22602-8918 65A - 1- - 4- SAVILLE, MELVIN G. JR. 2015SENSENY RD WINCHESTER,VA. 22602-8918 65A - 1- - 3- KEES, GENOA T 2009SENSENY RD WINCHESTER,VA 22602-8918 65A - 1- - 2- VALLEY,LLC 620 PENNI AVE WINCHESTER, VA 22601 65A - 1- - 1- SINKOSKI, EDWARD G & MARY L 1997 SENSENY RD WINCHESTER, VA 22602-8914 65A - 2- 1- 8- HUGHES, MYRA C TRUSTEE 301 NANSEMOND ST SE LEESBURG, VA 20175 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 55 - A- -197- 65A - 2- 1- 7- STAFFORD, TIMOTHY V PUFFINBURGER, GREGORY S & JANET M STAFFORD, MARY MCHALE 8705 C ST 197E SENSENY RD CHESAPEAKE BEACH, MO 20732-9235 WINCHESTER, VA 22602-8911 55 - A- - 198- 65A - 2- 1- 6- GREEN SEN, LLC DORGAN, MICHAEL CHARLES CIO GREENWOOD GROCERY & MARGARET JOAN 1893 SENSENY RD 1968 SENSENY RD WINCHESTER, VA 22602 WINCHESTER, VA 22602-8911 55 - A- - 194- 65AGLASS, Z- 5 THOMAS C STR TRAUSS, DONALD E GMG PROPERITES CIO VA PROP GRP 1958 SENSENY RD 19 W BOSCAWEN ST WINCHESTER, VA 226028911 WINCHESTER, VA 22601-4701 65A - 2 1- 4- 55D - 1- - 34-A ANDERSON, FRANKLIN B COUNTRY PARK HOME OWNERS RR 5 BOX 525 1948 SENSENY RD WINCHESTER, VA. 22603-9805 WINCHESTER, VA 22602-8911 Briarwood Estates HUA 65A - 2. 1- 3- Easton McDonald, President MASON, KENNETH L. & SHIRLEY A. Koger Management 1930 SENSENY RD 312 E. Market St. WINCHESTER, VA 22602-8909 Leesburg, VA 20176 65A - 2 - 1 CLARK, CORA V 1932 SENSENY RD WINCHESTER, VA 22602.8904 Susan K. Eddy, Senior Planner Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, , a Notary Public in and for the State and County aforesaid, do hereby certify that Susan K. Eddy, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 10, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-06 FOR ORRICK CEMETERY, INC. On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 24, 2006, 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 #04-06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) with proffers, for Mixed Use Commercial/Residential. The property is located in the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-201. 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 meeting, 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, Susan K. Eddy Senior Planner 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • 0 9) This is to certify hat the attached correspondence was mailed to the following on D 06 from the Department of Planning and Develo}�ment, Fre Brick County, Virginia: 55J 1 6 118- 55 - A- - 201 ORRICK CEMETERY COMPANY, INC. CIO R W BURKS ADMN "o0, 501 S BRADDOCK ST fJ WINCHESTER, VA. 22601-4048 Patton Harris Rust Associates, PC Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester. VA 22601 55 A- - 199- GREENWOOD VOLUNTEER FIRE CO. PO BOX 3023 WINCHESTER, VA. 22604-2223 55 - A- - 192 GREENWOOD BAPTIST CHURCH 779 GREENWOOD RD WINCHESTER, VA. 22602-7641 55 - A- - 184- WINSLOW, BETTIE E 711 GREENWOOD RD WINCHESTER, VA. 22602-7641 55J - 2. 1- 69-A THE RYLAND GROUP, INC 4100 MONUMENT CORNER DR STE 30 FAIRFAX, VA 22030 STATE OF VIRGINIA COUNTY OF FREDERICK HAMMOND, CHRISTOPHER S & CARLA A 210 TREFOIL CT WINCHESTER, VA 22602-7680 55J - 1- 6- 119- JARL, DAVID R & KAY E 212 TREFOIL CT WINCHESTER, VA 22602-7680 55J - 1- 9- 204-A BRIARWOOD ESTATES HOMEOWNERS ASSOC INC PO BOX 29 STEPHENS CITY, VA 22655.0029 55J - 1- 9- 194- PFORR, STEPHEN P & ANGELA C 120TEABERRY DR WINCHESTER, VA 22602.7684 55J - 1. 9- 195- TULLIS, JONATHAN B & ELIZABETH C 122TEABERRY OR WINCHESTER, VA 22602.7684 C. Susan K. Eddy, Senior Plannfr Frederick County Planning Dept. I, , a Notary Public in and for the State and Coun y afor id, do hereby certjy that Susan K. Eddy, Senior Planner for the Departmept of Planning and Development, whose name is signed to the foregoing, dated d 104 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this My commission expires or v 6L 65 22- DAM ,EORGE T 55J - 1- 9- 196- OTOYA, ALBERTO C 124 TEABERRY DR WINCHESTER, VA 55J - 1- 9. 197- SHIELDS, JOHN 126TEABERRY DR WINCHESTER, VA 55J - 1. 9- 198- RUDOLPH, MICHAEL J 128TEABERRY DR WINCHESTER, VA 55J - 1- 9- 199- DOWSETT, MALINDA A 0 22602-7684 22602-7684 22602-7684 130TEABERRY DR WINCHESTER,VA 22602 55J - 1. 9- 204- DISHONG, RONALD C & ELIZABETH A 215 LADYSLIPPER DR WINCHESTER, VA 22602.7692 55K - 1. 2- 25- CAMPBELL, CHARLES R CAMPBELL, DARLENE E 401 FARMINGTON BLVD WINCHESTER,VA 22602 55K - 1- 1- 24- ORR, GENE & LAURIE L 400 FARMINGTON BLVD WINCHESTER,VA 22602 55K - 1- 1- 14- NEAVERTH, JAMES E & KAREN S 118 SESAR CT WINCHESTER,VA 22602 55K - 1- 1- 13- COLLINS, THERESE M & CHRISTOPHER E 120 SESAR CT WINCHESTER, VA 22602 55K - 1- 1- 12- MCDONALD, PAULA K 121 SESAR CT WINCHESTER,VA 22602 55K - 1- 2. 41-A LYNNEHAVEN HOMEOWNERS ASSOC, INC CIO CLAGGETT MGMT 20 W THIRD ST FREDERICK, MD 21701-5331 65 - A- - 23- MORELAND, RUSSELL W & VELMA 2105SENSENY RD WINCHESTER,VA 22602-8901 2097 SENSENY RD WINCHESTER,VA 65 - A- - 21- RHODES, ROCKY J & ETAL: 2085SENSENY RD WINCHESTER, VA 55 - A- - 202- LLOYD, CHARLES D & RITENOUR, PENNY L 2045 SENSENY RD WINCHESTER,VA 65A - 1- - 8- TAYLOR, SHANE P 2037SENSENY RD WINCHESTER,VA 22602-8918 22602-8918 22602-8918 22602-8918 65A - 1- - 7- AGREGAARD, HENRY JOSEPH III 2031 SENSENY RD WINCHESTER, VA. 22602.8918 65A - 1- - 6- BAKER, SKIP & VICKIE A PO BOX 4272 WINCHESTER, VA 22604.4272 65A - 1- - 5- LAWRENCE, ERNEST H & LENA 2019 SENSENY RD WINCHESTER, VA 22602-8918 65A - 1- - 4- SAVILLE, MELVIN G. JR. 2015 SENSENY RD WINCHESTER, VA. 22602-8918 65A - 1- - 3- KEES, GENOA T 2009 SENSENY RD WINCHESTER,VA 22602-8918 65A - 1- - 2- VALLEY,LLC 620 PENNI AVE WINCHESTER,VA 22601 65A - 1- - 1- SINKOSKI, EDWARD G & MARY L 1997 SENSENY RD WINCHESTER,VA 22602-8914 65A - 2- 1- 8- HUGHES, MYRA C TRUSTEE 301 NANSEMOND ST SE LEESBURG, VA 20175 • 0 T This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 55 - A- - 197- 65A - 2- 1- 7- STAFFORD, TIMOTHY V PUFFINBURGER, GREGORY S & JANET M STAFFORD, MARY MCHALE 8705 C ST 1978 SENSENY RD CHESAPEAKE BEACH, MD 20732.9235 WINCHESTER, VA 22602-8911 55 - A- - 198- 65A - 2- 1- 6- GREEN SEN, LLC DORGAN, MICHAEL CHARLES CIO GREENWOOD GROCERY & MARGARET JOAN 1893 SENSENY RD 1968SENSENY RD WINCHESTER, VA 22602 WINCHESTER, VA 22602-8911 55 - A- - 194 GLASS, THOMAS C 65A - 2- 1- 5- GMG PROPERITES CIO VA PROP GRP STRAUSS, DONALD E 19 W BOSCAWEN ST 1958 SENSENY RD WINCHESTER, VA 22601-4701 WINCHESTER, VA 22602-8911 55D - 1 - 34 A COUNTRY PARK HOME OWNERS 65A 2 1 4 RR 5 BOX 525 ANDERSON, FRANKLIN B WINCHESTER, VA. 22603-9805 1948 SENSENY RD Briarwood Estates HUA WINCHESTER, VA 22602-8911 Easton McDonald, President 65A - 2- 1 3- Koger Management MASON, KENNETH L. & SHIRLEY A. 312 E. Market St. 1930 SENSENY RD Leesburg, VA 20176 WINCHESTER, VA 22602-8909 65A -2 - 1- CLARK, CORA V 1932 SENSENY RD Susan K. Eddy, Senior Plann WINCHESTER, VA 22602.8904 Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDIAZICK I, , a Notary Public in and for the State and County aforesaid, do hereby certify that Susan K. Eddy, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 10, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-06 FOR ORRICK CEMETERY, INC. On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 24, 2006, 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 #04-06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) with proffers, for Mixed Use Commercial/Residential. The property is located in the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-201. 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 meeting, 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, Susan K. Eddy Senior Planner SKE/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 COUNTY of FRDDERICK Department of Planning & Devel, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 65A - 1- - 5- LAWRENCE, ERNEST H & LENA 2019 SENSENY RD WINCHESTER, VA � 1 7 ?.�Qo 22602.8918 RF:'PE..IRN TO S E-N DE'R NOT ws flE�I�F�E:�:SEE::CJ EJiEt1E3l..E: TO F o RkonRo fat::: r'2t3t7:l.L5ta,:t�,(:1'T 'k;9f7;L7-t��itil3t)-,iC)--�(> • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 10, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-06 FOR ORRICK CEMETERY, INC. On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 24, 2006, 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 #04-06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) with proffers, for Mixed Use Commercial/Residential. The property is located in the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-201. 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 meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, —a T . e&Ab� Susan K. Eddy Senior Planner SKE/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 �y COUNTY of FREDERICK - Department of Planning &Development I 107 North Kent Street, Suite 202 Winchester, Virginia 22601 55J 1. 9.204-A BRIARWOOD ESTATES HOMEOWNERS ASSOC INC PO BOX 29 STEPHENS CITY, VA 22655-0029 Y fl MAY I 1 y � r �6 ✓/ SM'TURNJ TO SUNDER P10 SUCH NUMBER UNA-M. L- ., TO FC7F3SJARD '- 30:1'l-0.902-5 - 10- 40 0 Cp i �41�� COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 10, 2006 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-06 FOR ORRICK CEMETERY, INC. On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 24, 2006, 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 404-06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) with proffers, for Mixed Use Commercial/Residential. The property is located in the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-201. 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 meeting, 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, �"K. &M'k� Susan K. Eddy Senior Planner SKE/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 z J \ 1 -o Ir-� v 1 yo 55D t 31 COUNTRY PP RR 5 BOX 52! WINCHESTER,VA 22603-9805 *01, 11 (a5? iS�l s�alU� RETURN TO SENDER NO SUCH NUMBER UNABLE TO FORWARD BC: 228015039O7 *3017--05044--10--40 } COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING April 19, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) WE,: REZONING APPLICATION #04-06 FOR ORRICK CEMETERY, INC. On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, May 3, 2006, 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 #04-06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) with 'proffers, for Mixed Use Commercial/Residential. The property is located in the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-201. 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 meeting, 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, jx,t�� 9�- At Susan K. Eddy Senior Planner SKE/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 0 V This is to cert' t nat the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia. 6 118 55 - A- - 201- ORRICK CEMETERY COMPANY, INC. CIO R W BURKS ADMN pwAgf- 501 S BRADDOCK ST WINCHESTER, VA. 22601-4048 Patton Harris Rust Associates, PC Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 APPt-(. 55 - A- - 199- GREENWOOD VOLUNTEER FIRE CO. PO BOX 3023 WINCHESTER, VA. 22604.2223 55 - A- - 192- GREENWOOD BAPTIST CHURCH 55J - 1- - HAMMOND, CHRISTOPHER S & CARLA A 210 TREFOIL CT WINCHESTER, VA 22602-7680 55J - 1- 6- 119- JARL, DAVID R & KAY E 212 TREFOIL CT WINCHESTER, VA 22602.7680 55J - 1- 9- 204-A BRIARWOOD ESTATES HOMEOWNERS ASSOC INC PO BOX 29 STEPHENS CITY, VA 22655.0029 55J - 1- 9- 194- PFORR, STEPHEN P & ANGELA C 120 TEABERRY DR WINCHESTER, VA 22602.7684 779 GREENWOOD RD 551 - 1- 9- 195- WINCHESTER, VA. 22602.7641 TULLIS, JONATHAN B & ELIZABETH C 55 - A- - 184- 122 TEABERRY DR WINSLOW, BETTIE E WINCHESTER, VA 22602.7684 711 GREENWOOD RD WINCHESTER, VA. 22602-7641 55J - 2. 1. 69-A THE RYLAND GROUP, INC n 4100 MONUMENT CORNER DR STE 30 Susan K. Eddy, Senior Planner FAIRFAX, VA 22030 Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK 5 a Notary Public in and for the State and County aforesaid, dog ereby certify that S n K. Eddy, Senior Planner for the De art76111 lit of Planning and Development, whose name is signed to the foregoing, dated 41107, has personally appeared before me and acknowledged the same in my State and tounty aforesaid. Given under my hand this C day of ©Q6 My commission expires on NOTARY IMBLIC ovf—,I— 55J - 1- 9- 196- OTOYA, ALBERTO C 124 TEABERRY DR WINCHESTER, VA 22602.7604 55J - 1- 9- 197- SHIELDS, JOHN 126 TEABERRY DR WINCHESTER, VA 22602.7684 55J - 1- 9. 198- RUDOLPH, MICHAEL J 128 TEABERRY DR WINCHESTER, VA 22602.7684 55J - 1- 9- 199- DOWSETT, MALINDA A 130 TEABERRY DR WINCHESTER,VA 22602 55J - 1- 9- 204- DISHONG, RONALD C & ELIZABETH A 215 LADYSLIPPER DR WINCHESTER, VA 22602.7692 55K - 1- 2- 25- CAMPBELL, CHARLES R CAMPBELL, DARLENE E 401 FARMINGTON BLVD WINCHESTER,VA 22602 55K - 1. 1. 24. ORR, GENE & LAURIE L 400 FARMINGTON BLVD WINCHESTER, VA 22602 55K - 1. 1. 14- NEAVERTH, JAMES E & KAREN S 118 SESAR CT WINCHESTER,VA 22602 55K - 1. 1- 13- COLLINS, THERESE M & CHRISTOPHER E 120 SESAR CT WINCHESTER,VA 22602 55K - 1. 1. 12. MCDONALD, PAULA K 121 SESAR CT WINCHESTER,VA 22602 55K - 1- 2- 41-A LYNNEHAVEN HOMEOWNERS ASSOC, INC CIO CLAGGETT MGMT 20 W THIRD ST FREDERICK, MD 21701-5331 65 - A- - 23- MORELAND, RUSSELL W & VELMA 2105 SENSENY RD WINCHESTER, VA 22602-8901 65 - P- - 22- DAMWORGE T 2097 SENSENY RD WINCHESTER, VA 22602.8918 65 -A- - 21- RHODES, ROCKY J & ETALS 2085 SENSENY RD WINCHESTER, VA 22602-8918 55 - A- - 202- LLOYD, CHARLES D & RITENOUR, PENNY L 2045 SENSENY RD WINCHESTER, VA 22602.8918 65A - 1- - 8- TAYLOR, SHANE P 2037 SENSENY RD WINCHESTER, VA 22602-8910 65A - 1- • 7. AGREGAARD, HENRY JOSEPH III 2031 SENSENY RD WINCHESTER,VA. 22602.8918 65A - 1- - 6. BAKER, SKIP & VICKIE A PO BOX 4272 WINCHESTER, VA 22604.4272 65A - 1- - 5. LAWRENCE, ERNEST H & LENA 2019 SENSENY RD WINCHESTER, VA 22602.8918 65A - 1- - 4- SAVILLE, MELVIN G. JR. 2015 SENSENY RD WINCHESTER, VA. 22602-8918 65A - 1- - 3. KEES, GENOA T 2009 SENSENY RD WINCHESTER, VA 22602.8918 65A - 1- - 2- VALLEY,LLC 620 PENNI AVE WINCHESTER, VA 22601 65A - 1- - 1- SINKOSKI, EDWARD G & MARY L 1997 SENSENY RD WINCHESTER,VA 22602-8914 65A - 2. 1- 8. HUGHES, MYRA C TRUSTEE 301 NANSEMOND ST SE LEESBURG, VA 20175 • This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 65A - 2. 1. 7- PUFFINBURGER, GREGORY S & JANET M 1978SENSENY RD WINCHESTER, VA 22602-8911 65A - 2. 1- 6- DORGAN, MICHAEL CHARLES & MARGARET JOAN 1968SENSENY RD WINCHESTER, VA 22602.8911 65A - 2. 1- 5- STRAUSS, DONALD E 1958 SENSENY RD WINCHESTER, VA 22602-8911 65A - 2- 1- 4- ANDERSON, FRANKLIN B 1948 SENSENY RD WINCHESTER, VA 22602-8911 65A - 2. 1. 3. MASON, KENNETH L. & SHIRLEY A. 1930 SENSENY RD WINCHESTER, VA 22602.8909 65A - 2- - 1. CLARK, CORA V 1932 SENSENY RD WINCHESTER, VA 22602.8904 STATE OF VIRGINIA COUNTY OF FREDERICK 55 - A- - 197- STAFFORD, TIMOTHY V STAFFORD, MARY MCHALE 8705 C ST CHESAPEAKE BEACH, MO 20732.9235 55 - A- - 198- GREEN SEN,LLC CIO GREENWOOD GROCERY 1893 SENSENY RD WINCHESTER, VA 22602 55 - A- - 194- GLASS, THOMAS C GMG PROPERITES CIO VA PROP GRP 19 W BOSCAWEN ST WINCHESTER, VA 22601.4701 55D - 1- - 34-A COUNTRY PARK HOME OWNERS RR 5 BOX 525 WINCHESTER, VA. 22603.9805 Briarwood Estates HOA Easton McDonald, President Koger Management 312 E. Market St. Leesburg, VA 20176 Susan K. Eddy, Senior Planner Frederick County Planning Dept. I, , a Notary Public in and for the State and County aforesaid, do hereby certify that Susan K. Eddy, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 19, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-06 FOR ORRICK CEMETERY, INC. On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, May 3, 2006, 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 404-06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) with proffers, for Mixed Use Commercial/Residential. The property is located in the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-201. 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 meeting, or at the Department of Planing 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, J'�" �- 4t Susan K. Eddy Senior Planner SKE/bad 107 North Rent Street, Smite 202 a Winchester, Virginia 22601-5000 k\ COUNTY of FREDERICK Department of Planning & Development 107 North lint Street, Suite 202 Winchester, Virginia 22601 55D - 1- 34-A COUNTRY PARK HOME OWNERS RR 5 BOX 525 WINCHESTER, VA. 22603-9805 APR 2 0 =6 kidNiddii: it% ":!i1;ddJ:: t;H::J: t:i: i!ddi! ii!.:Ii 9 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING April 19, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-06 FOR ORRICK CEMETERY, INC. On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, May 3, 2006, 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 904-06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) with proffers, for Mixed Use Commercial/Residential. The property is located in the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-201. 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 meeting, 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, J"".' 9�- 4t Susan K. Eddy Senior Planner SKE/bad 107 North Kent Street, Suite 202 © Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 65A - 1- - 5- LAWRENCE, EF 2019SENSENY RD WINCHESTER,VA PR 2 5 n6 226028918 • N xk2z ;bulk 1 RETURN TO SEwN[)CR NOT DEL_IVMRADL_E AS ADORUSSE U UNADL_E TO F'ORWARO CDC: '22601503907 *301'7--0 50,35--19--30 I' COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING April 19, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-06 FOR ORRICK CEMETERY, INC. On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, May 3, 2006, 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 #04-06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) with proffers, for Mixed Use Commercial/Residential. The property is located in the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-201. 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 meeting, 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, J"".' �- 4t Susan K. Eddy Senior Plarmer SKE/bad 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 APR 2 5 = 551 - 1- 9- 204 A BRIARWOOD ESTATES HOMEOWNERS AS, INC PO BOX 29 STEPHENS CITY, VA 22655-0029 Ri=TURN TO SE=NDER NO SUCH NUMO-ER UNAGLE= TO FORWARD MC: 22501503907 * 3017 - 05062 - 19- 3e s �64?►��'S:= ��i��i��i�� a i��{��,��i� :7 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING April 19, 2006 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-06 FOR ORRICK CEMETERY, INC. On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, May 3, 2006, 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 04-06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Perforinance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) with proffers, for Mixed Use Commercial/Residential. The property is located in the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-201. 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 meeting, 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, f� - 4t Susan K. Eddy Senior Planler SKE/bad 107 North Kent Street, Suite 202 ® Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 APR 2 5 2M6 55 - A- - 194- GLASS, THOMAS C GMG PROPERITES CIO VA PROP GRP 19 W BOSCAWEN ST 22601 4701 WINCHESTER, VA • GLAS f 201 N 1 1 ')OSr 00 0,4/ 21.J-08. -- PoRwApo T'TME r-xA RTN i0 SEND :GLASS MGMT 3OSO VALLEY AVE STE 110 WINCHESTER VA 22801-2660 RETURN TO SENDER 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 22, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-06 FOR ORRICK CEMETERY, INC. On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, April 5, 2006, 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 904-06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) with proffers, for Mixed Use Commercial/Residential. The property is located in the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-201. 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 meeting, 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, J,... Susan K. Eddy Senior Planner SKE/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • 0 r, This is to certify that the attached correspondence was mailed to the following on from the Department of Plarming and Development, Frederick County, Virginia: 55 - A- - 201- ORRICK CEMETERY COMPANY, INC. CIO R W BURKS ADMN , q 0(�� 501 S BRADDOCK ST W WINCHESTER, VA. 22601.4048 Patton Harris Rust Associates, PC Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 ��PL( Winchester, VA 22601 55 - A- - 199- GREENWOOD VOLUNTEER FIRE CO. PO BOX 3023 WINCHESTER, VA. 22604.2223 55 - A- - 192- GREENWOOD BAPTIST CHURCH 779 GREENWOOD RD 22602.7641 WINCHESTER, VA. 55 - A- - 184- WINSLOW, BETTIE E 711 GREENWOOD RD WINCHESTER, VA. 22602.7641 55J - 2- 1. 69-A THE RYLAND GROUP, INC 4100 MONUMENT CORNER DR STE 30 FAIRFAX, VA 22030 55J - 1- 6- 118- HAMMOND, CHRISTOPHER S & CARLA A 210 TREFOIL CT WINCHESTER, VA 22602-7680 55J - 1- 6- 119- JARL, DAVID R & KAY E 212 TREFOIL CT WINCHESTER, VA 22602-7680 55J - 1- 9- 204-A BRIARWOOD ESTATES HOMEOWNERS ASSOC INC PO BOX 29 STEPHENS CITY, VA 22655.0029 55J - 1- 9- 194- PFORR, STEPHEN P & ANGELA C 120 TEABERRY DR WINCHESTER, VA 22602.7684 55J - 1- 9- 195- TULLIS, JONATHAN B & ELIZABETH C 122TEABERRY DR WINCHESTER, VA 22602.7684 -J-)� 114AW fX - 4 1 Susan K. Eddy, Senior Planner Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, , a Notary Public in and for the State and County aforesaid, do h by certify that SusaCK. Eddy, Senor Planner for the D 11) -t nt of Planning and Development, whose name is signed to the foregoing, dated 1� , has personally appeared before me and acknowledged the same in my State anJ County aforesaid. Given under my hand this My commission expires on day of �:ta'l/ka Cam b `7 NOTARY UBLIC 551 • 1- 9. 196- OTOYA, ALBERTO C 124 TEABERRY DR WINCHESTER, VA 22602.7684 55J - 1- 9. 197- SHIELDS, JOHN 126TEABERRY DR WINCHESTER,VA 22602-7684 551 - 1- 9. 198- RUDOLPH, MICHAEL J 128TEABERRY DR WINCHESTER, VA 22602.7684 551 - 1- 9- 199- DOWSETT, MALINDA A 130TEABERRY DR WINCHESTER, VA 22602 55J - 1- 9.204- DISHONG, RONALD C & ELIZABETH A 215 LADYSLIPPER DR WINCHESTER,VA 22602.7692 55K - 1- 2- 25- CAMPBELL, CHARLES R CAMPBELL, DARLENE E 401 FARMINGTON BLVD WINCHESTER, VA 22602 55K - 1. 1. 24- ORR, GENE & LAURIE L 400 FARMINGTON BLVD WINCHESTER,VA 22602 55K - 1. 1- 14- NEAVERTH, JAMES E & KAREN S 118 SESAR CT WINCHESTER,VA 22602 55K - 1. 1. 13- COLLINS, THERESE M & CHRISTOPHER E 120 SESAR CT WINCHESTER,VA 22602 55K - 1- 1. 12- MCDONALD, PAULA K 121 SESAR CT WINCHESTER, VA 22602 55K - 1- 2- 41-A LYNNEHAVEN HOMEOWNERS ASSOC, ING CIO CLAGGETT MGMT 20 W THIRD ST FREDERICK, MD 21701.5331 65 - A- - 23- MORELAND, RUSSELL W & VELMA 2105 SENSENY RD WINCHESTER,VA 22602-8901 65 22- DAM SEORGE T 2097 SENSENY RD WINCHESTER, VA 22602.8918 65 -A- - 21- RHODES, ROCKY J & ETALS 2085 SENSENY RD WINCHESTER, VA 22602.8918 55 - A- - 202- LLOYD, CHARLES D & RITENOUR, PENNY L 2045 SENSENY RD WINCHESTER,VA 22602.8918 65A - 1- - 8- TAYLOR, SHANE P 2037 SENSENY RD WINCHESTER, VA 22602.8918 65A - 1- - 7- AGREGAARD, HENRY JOSEPH III 2031SENSENY RD WINCHESTER, VA. 22602.8918 65A - I. - 6. BAKER, SKIP & VICKIE A PO BOX 4272 WINCHESTER, VA 22604.4272 65A - 1- - 5. LAWRENCE, ERNEST H & LENA 2019 SENSENY RD WINCHESTER, VA 22602.8918 65A - 1- . 4. SAVILLE, MELVIN G. JR. 2015 SENSENY RD WINCHESTER, VA. 22602-8918 65A - 1- - 3- KEES, GENOA T 2009 SENSENY RD WINCHESTER, VA 22602.8918 65A - 1- - 2- VALLEY, LLC 620 PENNI AVE WINCHESTER, VA 22601 65A - 1- - 1- SINKOSKI, EDWARD G & MARY L 1997 SENSENY RD WINCHESTER, VA 22602.8914 65A - 2. 1. 8- HUGHES, MYRA C TRUSTEE 301 NANSEMOND ST SE LEESBURG, VA 20175 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 55 - A- -197- 65A - 2- 1- 7- PUFFINBURGER, GREGORY S & JANET M 1978SENSENY RD WINCHESTER,VA 22602-8911 65A - 2. 1- 6- DORGAN, MICHAEL CHARLES & MARGARET JOAN 1968 SENSENY RD WINCHESTER,VA 22602.8911 65A - 2. 1. 5- STRAUSS, DONALD E 1958SENSENY RD WINCHESTER, VA 22602.8911 65A - 2. 1- 4- ANDERSON, FRANKLIN B 1948 SENSENY RD WINCHESTER, VA 22602.8911 65A - 2. 1. 3- MASON, KENNETH L. & SHIRLEY A. 1930SENSENY RD WINCHESTER,VA 22602.8909 65A - 2- - 1- CLARK, CORA V 1932 SENSENY RD WINCHESTER, VA 22602-8904 STATE OF VIRGINIA COUNTY OF FREDERICK STAFFORD, TIMOTHY V STAFFORD, MARY MCHALE 8705 CST CHESAPEAKE BEACH, MD 20732.9235 55 - A- - 198- GREEN SEN,LLC CIO GREENWOOD GROCERY 1893SENSENY RD WINCHESTER,VA 22602 55 - A- - 194- GLASS, THOMAS C GMG PROPERITES CIO VA PROP GRP 19 W BOSCAWEN ST WINCHESTER,VA 22601.4701 55D - 1- - 34-A COUNTRY PARK HOME OWNERS RR 5 BOX 525 WINCHESTER, VA. 22603-9805 —S& A '�s DL )N& ) X - Susan K. Eddy, Senior Planner Frederick County Planning Dept. I, , a Notary Public in and for the State and County aforesaid, do hereby certify that Susan K. Eddy, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC Adjoining Property Owners Rezoning r'/V e r T*O-.BARBARA-DATA PROCESSING rROM:BEV - Planning Dept. Tease print sets of labels by •3 THANKS! 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 Address Property Identification Number PIN Name: Greenwood Vol. Fire Company 809 Greenwood Rd Property#: 55-A-199 ✓ Winchester, VA 22602 Name: Greenwood Baptist Church 781 Greenwood Rd Property #: 55-A-192 ✓ Winchester, VA 22602 Name: Bettie E. Winsl 711 Greenwood Rd Property #: 55-A-184 Winchester, VA 22602 Nam C --Mc- ykc#,& Group ZnC, 205 N. Cameron St Pro ert �Lawood, -200 S S Z j 9 N L-� Winchester, VA 22601 Name: Chris S. and Carla A. Hammond 210 Trefoil Ct Property#: 55J-1-6-118 ✓ Winchester, VA 22602 Name: David R. and Kay E. Jarl 212 Trefoil Ct Property #: 55J-1-6-119 ..� Winchester, VA 22602 Name: Briarwood Estates HOA k{pA Property #: _,,�-10At" 55J-1-9-193A r"" °' 2 ��'� 555 1.51 acres Name: Stephen P. and Angela C. Pforr 120 Teaberry Dr Property #: 55J-1-9-194 ,/' Winchester, VA 22602 Name: John B. and Elizabeth C. Tullis 122 Teaberry Dr Property #: 55J-1-9-195 Winchester, VA 22602 Name: Alberto C. Otoya 124 Teaberry Dr Property #: 55J-1-9-196 ✓ Winchester, VA 22602 Name: John Shields 126 Teaberry Dr Property #: 55J-1-9-197 �✓' Winchester, VA 22602 Name: Michael J. Rudolph 128 Teaberry Dr Property #: 55J-1-9-198 1--' Winchester, VA 22602 Name: Mark and Malinda A. Dowsett 130 Teaberry Dr Property #: 55J-1-9-199 v,/ Winchester, VA 22602 Name: Ronald C. and Elizabeth A. Dishong 215 Ladyslipper Dr Pro ert #: 55J-1-9-204 ✓ I Winchester, VA 22602 seel 5 S 4 Name: Charles R. Campbell 401 Farmington Blvd Property #: 55K-1-2-25 ✓ Winchester, VA 22602 Name: Gene and Laurie L. Orr 400 Farmington Blvd Property #: 55K-1-1-24 Winchester, VA 22602 Name: James E. and Karen S. Neaverth 118 Sesar Ct Property #: 55K-1-1-14 —'' Winchester, VA 22602 Name: Therese M. and Christopher E. Collins 120 Sesar Ct Property #: 55K-1-1-13 ✓ Winchester, VA 22602 Name: Paula K. McDonald 121 Sesar Ct Property #: 55K-1-1-12 "'r Winchester, VA 22602 Name: Lynnehaven HOA Property #: 55K-1-1-24A wj0L9I�F Name: Russell W. and Velma Moreland 2105 Senseny Rd Property #: 65-A-23 ✓ Winchester, VA 22602 Name: George T. Damko 2097 Senseny Rd Property #: 65-A-22 �— ' Winchester, VA 22602 Name: Rocky J. Rhodes et als 2085 Senseny Rd Property #: 65-A-21 Winchester, VA 22602 Name: Charles D. Lloyd 2045 Senseny Rd Property #: 55-A-203 Winchester, VA 22602 Name: Charles D. Lloyd 2045 Senseny Rd Property #: 55-A-202 ��`�\� Winchester, VA 22602 Name: Shane P. Taylor 2037 Senseny Rd Property #: 65A-1-8 ✓ Winchester, VA 22602 Name: Henry J. Agregarrd III 2031 Senseny Rd Property #: 65A-1-7 / Winchester, VA 22602 Name: Skip and Vickie A. Baker 2025 Senseny Rd Property #: 65A-1-6 '/ Winchester, VA 22602 Name: Ernest H. and Lena Lawrence 2019 Senseny Rd Property #: 65A-1-5 / Winchester, VA 22602 Name: Melvin G. Saville Jr. 2015 Senseny Rd Property #: 65A-1-4 I' Winchester, VA 22602 Name: Genoa T. Kees 2009 Senseny Rd Property #: 65A-1-3 Winchester, VA 22602 Name: Valley, LLC 2003 Senseny Rd Property #: 65A-1-2 Winchester, VA 22602 Name: Edward G. and Mary L. Sinkoski 1997 Senseny Rd Property #: 65A-1-1 Winchester, VA 22602 Name: Myra C. Hughes 1986 Senseny Rd Property #: 65A-2-1-8 /' Winchester, VA 22602 Name: Gregory S. and Janet M. Puffinburger 1978 Senseny Rd Property #: 65A-2-1-7 Winchester, VA 22602 Name: Michael C. Dorgan 1968 Senseny Rd Property #: 65A-2-1-6 Winchester, VA 22602 Name: Donald E. Strauss 1958 Senseny Rd Pro ert #: 65A-2-1-5 Winchester, VA 22602 r • • Name: Franklin B. Anderson 1948 Senseny Rd Property #: 65A-2-1-4 Winchester, VA 22602 Name: Kenneth L. and Shirley A. Mason 1930 Senseny Rd Property #: 65A-2-1-3 r Winchester, VA 22602 Name: Kenneth L. and Shirley A. Mason 1930 Senseny Rd Property #: 65A-2-1-2 Winchester, VA 22602 Name: Cora V. Clark 1932 Senseny Rd Property #: 65A-2-1 Winchester, VA 22602 Name: Cora V. Clark 1932 Senseny Rd Property #: 55-A-196 / Winchester, VA 22602 Name: Timothy and Mary Stafford 1905 Senseny Rd Property #: 55-A-197 ; / Winchester, VA 22602 Name: Green Sen, LLC 1893 Senseny Rd Property #: 55-A-198 Winchester, VA 22602 Name: TCG Management, LLCr �A 847 Lake St Clair Property #: 55-A-194 I, Winchester, VA 22603 Name: Country Park Wmeowners Association RR 5 Box 525 Property #: 55D-1-34A Winchester, VA 22603 Adjoining Property Owners Rezoning .Rtf�VAsr T'O: BARBARA DATA PROCESSING FROW BEV - Planning Dept. Please print sets of labels by AO— 3 �� THANKSI Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2" d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Property Identification Number (PIN) Address Name: Greenwood Vol. Fire Company 809 Greenwood Rd Property#: 55-A-199 Winchester, VA 22602 Name: Greenwood Baptist Church 781 Greenwood Rd Property#: 55-A-192 Winchester, VA 22602 Name: Bettie E. Winslow 711 Greenwood Rd Property#: 55-A-184 Winchester, VA 22602 Nam Briarwood, C 205 N. Cameron St Pro ert -A-200 S :Zr Z j r. cl k Winchester, VA 22601 Name: Chris S. and Carla A. Hammond 210 Trefoil Ct Property#: 55J-1-6-118 Winchester, VA 22602 Name: David R. and Kay E. Jarl 212 Trefoil Ct Property #: 55J-1-6-119 Winchester, VA 22602 Name: Briarwood Estates HOA (3rtacc,�odd� +top, Property#: 55J-1-9-193A A �j 55S'7.p 1.51 acr" _Name:___..-__ _- Stephen.P.-and Angela C. Pforr- - -120-Teaberry Dr Property#: 55J-1-9-194 Winchester, VA 22602 Name: John B. and Elizabeth C. Tullis 122 Teaberry Dr Property#: 55J-1-9-195 Winchester, VA 22602 Name: Alberto C. Otoya 124 Teaberry Dr Property#: 55J-1-9-196 Winchester, VA 22602 Name: John Shields 126 Teaberry Dr Property #: 55J-1-9-197 Winchester, VA 22602 Name: Michael J. Rudolph 128 Teaberry Dr Property#: 55J-1-9-198 Winchester, VA 22602 Name: Mark and Malinda A. Dowsett 130 Teaberry Dr Property#: 55J-1-9-199 Winchester, VA 22602 Name: Ronald C. and Elizabeth A. Dishong 215 Ladyslipper Dr Pro ert #: 55J-1-9-204 Winchester, VA 22602 AZ�M_ -al - 6e of Y S'x 4 Name: Charles R. Campbell 401 Farmington Blvd Property#: 55K-1-2-25 Winchester, VA 22602 Name: Gene and Laurie L. Orr 400 Farmington Blvd Property#: 55K-1-1-24 Winchester, VA 22602 Name: James E. and Karen S. Neaverth 118 Sesar Ct Property#: 55K-1-1-14 Winchester, VA 22602 Name: Therese M. and Christopher E. Collins 120 Sesar Ct Property#: 55K-1-1-13 Winchester, VA 22602 Name: Paula K. McDonald 121 Sesar Ct Property#: 55K-1-1-12 Winchester, VA 22602 Name: Lynnehaven HOA Property#: 55K-1-1-24A Name: Russell W. and Velma Moreland 2105 Senseny Rd Property#: 65-A-23 Winchester, VA 22602 Name: George T. Damko 2097 Senseny Rd Property#: 65-A-22 Winchester, VA 22602 Name: Rocky J. Rhodes et als 2085 Senseny Rd Property#: 65-A-21 Winchester, VA 22602 Name: Charles D. Lloyd 2045 Senseny Rd Property#: 55-A-203 Winchester, VA 22602 Name: Charles D. Lloyd ��\ 2045 Senseny Rd Property #: 55-A-202 Winchester, VA 22602 Name: Shane P. Taylor 2037 Senseny Rd Property#: 65A-1-8 Winchester, VA 22602 Name: Henry J. Agregarrd 111 2031 Senseny Rd Property#: 65A-1-7 Winchester, VA 22602 Name: Skip and Vickie A. Baker 2025 Senseny Rd Property#: 65A-1-6 Winchester, VA 22602 Name: Ernest H. and Lena Lawrence 2019 Senseny Rd Property#: 65A-1-5 Winchester, VA 22602 Name:_ _. _ __ __ Melvin G. Saville -Jr. . _ _ ____ _ _20.15.Senseny Rd Property#: 65A-1-4 Winchester, VA 22602 Name: Genoa T. Kees 2009 Senseny Rd Property#: 65A-1-3 Winchester, VA 22602 Name: Valley, LLC 2003 Senseny Rd Property#: 65A-1-2 Winchester, VA 22602 Name: Edward G. and Mary L. Sinkoski 1997 Senseny Rd Property#: 65A-1-1 Winchester, VA 22602 Name: Myra C. Hughes 1986 Senseny Rd Property#: 65A-2-1-8 Winchester, VA 22602 Name: Gregory S. and Janet M. Puffinburger 1978 Senseny Rd Property#: 65A-2-1-7 Winchester, VA 22602 Name: Michael C. Dorgan 1968 Senseny Rd Property#: 65A-2-1-6 Winchester, VA 22602 Name: Donald E. Strauss 1958 Senseny Rd Pro ert #: 65A-2-1-5 Winchester, VA 22602 0 11 Name: Franklin B. Anderson 1948 Senseny Rd Property#: 65A-2-1-4 Winchester, VA 22602 Name: Kenneth L. and Shirley A. Mason 1930 Senseny Rd Property#: 65A-2-1-3 Winchester, VA 22602 Name: Kenneth L. and Shirley A. Mason 1930 Senseny Rd Property#: 65A-2-1-2 Winchester, VA 22602 Name: Cora V. Clark 1932 Senseny Rd Property#: 65A-2-1 Winchester, VA 22602 Name: Cora V. Clark 1932 Senseny Rd Property#: 55-A-196 Winchester, VA 22602 Name: Timothy and Mary Stafford 1905 Senseny Rd Property#: 55-A-197 Winchester, VA 22602 Name: Green Sen, LLC 1893 Senseny Rd Property#: 55-A-198 Winchester, VA 22602 Name: TCG Management, LLI - 847 Lake St Clair Property#: 55-A-194 M Winchester, VA 22603 Name: Country Park Homeowners Association RR 5 Box 525 Property I 55D-1-34A Winchester, VA 22603 Fee COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 22, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-06 FOR ORRICK CEMETERY, INC. On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, April 5, 2006, 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 904-06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) with proffers, for Mixed Use Commercial/Residential. The property is located in the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-201. 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 meeting, or at the Department of Plarming 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, Susan K. Eddy Senior Plamler SKE/bad 107 North Kent Street, Suite 202 o Wnnnclnester, Virrginnia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 55 - A- - 194 GLASS, THOMAS C GMG PROPERITES CIO VA PROP GRP 19 W BOSCAWEN ST WINCHESTER,VA 226014701 911IN06 X -40A - 1 30yS C 00 03�`2�lbd jt,t WAiiC) TY41CL IC1 RTN Tt7 ZRAID : GMG PRORMRTIES 30SO VAL_L.EY AVE STE 110 WINC14E'STER VA 22601-2660 RETURN TO SENDER loll) 111111)111111IMIIII�I��1�� • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 22, 2006 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-06 FOR ORRICK CEMETERY, INC. On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, April 5, 2006, 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 #04-06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) with proffers, for Mixed Use Commercial/Residential. The property is located in the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-201. Any interested parties having questions or wishing to speak may attend this public bearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Plamling 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, Susan K. Eddy Senior Planner SKE/bad 107 North Kent Street, Smite 202 - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 65A 1 5 T H & LENA LAWRENCE, ERN 2C19 SENSE RID 22602 8918 WINCHES? .VA • x e40.l N1 2 xo.s C 100 4Y9J:aS/04 LAWRE:NCE:' LIE NA 000 S COURT HOUSE: RD ARLINGTON VA 22204 -2105 RETURN TO sENDER COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 22, 2006 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 404-06 FOR ORRICK CEMETERY, INC. On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, April 5, 2006, 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 904-06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) with proffers, for Mixed Use Commercial/Residential. The property is located in the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-201. 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 meeting, 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, J-U�� T. &6� Susan K. Eddy Senior Plamier SKE/bad 107 North Kent Street, Suite 202 o Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 55D - 1- - 34-A COUNTRY PARK HOME OWNERS v RR 5 BOX 525 / WINCHESTER, VA. 22603-9805 n F2lr*riJRN TO :SENDER NO r.UCH NUMMER UNADL.E TO rc)RwAno 0C : 22601500907 *3017 0g940 22 40 10 6 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 22, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-06 FOR ORRICK CEMETERY, INC. On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, April 5, 2006, 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 404-06 of Orrick Cemetery, Inc., submitted by Patton Harris Rust & Associates, to rezone 33.61 acres from RA (Rural Areas) District to RP (Residential Performance) District and 22.06 acres from RA (Rural Areas) District to B2 (General Business) with proffers, for Mixed Use Commercial/Residential. The property is located in the northeast quadrant of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656) with road frontage along both roadways, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-201. 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 meeting, 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, rx. �At Susan K. Eddy Senior Planner SKE/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 55J - 1- 9- 204-A BRIARWOOD ESTATES HOMEOWNERS ASSOC INC PO BOX 29 STEPHENS CITY, VA 22655-0029 • All-41E. ?01 1 00 03/27,JO5 1 FQp:'ruRN 'ro srNopq NO SUCH NUMDE R UNADL E TO FOR5ARD OC : 2280.1500099 Impression antibourrage et a s6chage rapide -`' www.avery.corn AVERW 51610 Utillsez le gabarit 51610 1-800-GO-AVE( Br'_arwcod Estates HOA Easton McDonald, President K.)ge. Management 312 E. Market St. Leesburg, VA 20176 Briarwood Estates HOA Briarwood Estates HOA ].;aston McDonald, President Easton McDonald, President Koger Management Koger Management 312 E. Market St. 312 E. Market St. Leesburg, VA 20176 Leesburg, `A 20176 Briarwood Estates HOA Easton McDonald, President Koger Management 312 E. Market St. Leesburg, VA 20176 Briarwood Estates HOA Briarwood Estates HOA Easton McDonald, President Easton McDonald, President Koger Management Koger Management 312 E. Market St. 312 E. Market St. Leesburg, VA 20176 Leesburg, VA 20176 Briarwood Estates HOA Briarwood Estates HOA Easton McDonald, President Easton McDonald, President Koger Management Koger Management 312 E. Market St. 312 E. Market St. Leesburg, VA 20176 Leesburg, VA 20176 Briarw(,,—a' estates HOA Briarwood Estates HOA Easton.McDonald, President Easton McDonald, President Koger Management Koger Management 312 E. Market St. 312 E. Market St. I-xesburg, VA 20176 Leesburg, VA 20176 Briarwood Estates HOA Briarwood Estates I-IOA Easton McDonald, President Easton McDonald, President Koger Management Koger Management 312 E. Market St. 312 E. Market St. Leesburg, VA 20176 Leesburg, VA 20176 Briarwood Estates HOA Briarwood Estates I-IOA Easton McDonald, President Easton McDonald, President Koger Management Koger Management 312 E. Market St. 312 E. Market St. Leesburg, VA 20176 Leesburg, VA 20176 OE�G�Vly6 mac' ��91 t 01.91.5 wo:)/fuewe-firmi�n -;: t�ca€juaj�+aaajebpevu��,p�ae ter EPT. OF GEOGRAPHIC WFOIWAXIONI SYSTEMS FREDMCK COUNTY, VIRGmTIA � GRAPHICS MAPPING GIS, ' WORKREQUEST DATE RECEIVED: 3 �� TED COMPLETION DATE: REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: FAX: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write, addiii D C° oz-o/- Onlq-os P,7- �J W�S-L^-4 --c�o( i DIGITAL: SIZES: COLOR PAPER FAX: ` BLACKIW=: . . WbIBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-Up/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYIENT: HOURS REQ=ED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) 4 4 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS Candice Bernie '.Mark Susan t) KE Eric Mike Kevin John COMMENTS: DATE & TIME Received by Clerical Staff (Date & Time): PSD �j I O O � 1S, I `�