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Home My WebLink About011-06 Abram's Chase - RA to RP 3.25 Acres - Red Bud - Backfileo v o v cad N �+ t4 V U 7:$ DATE g 2 U NO. 9.10 5 RECEIVED ADDRESS ,3°Z U �4°1 U FOR REND FOR l tAM.j c lLti ./14./1 O YI }tii V✓ 1( ACCOUNT CASH ^� AMT. PAID �'J�j; -� CHECK BY RS $375.cv ''REZONING TRACKING SAT Check List: Application Form Proffer Statement Impact Analysis Adjoiner List DATE �i Application received/file opened r Reference manual updated/number assigned S" A, D-base updated Copy of adjoiner list given to staff member for verification Fee & Sign Deposit Deed Plat/Survey Taxes. Paid Statement Impact Model Run Four sets of adjoiner labels ordered from data processing location map ordered from Mapping rG File given to office manager to update Application Action Summary PC public hearing date _ ACTION: BOS public hearing date ACTION: Signed -copy -of resolution for amendmentofordinance, 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.) / 1 0-7 Action letter mailed to applicant ! C Reference manual and D-base updated (� e given to office manager to update Application Action Summary (final action) �O41 File given to Mapping/GIS to update zoning map Zoning map amended U \CarohCommonurackingrct k- and 05/09/02 " .,7J REZONING APPLICATION #11-06Poet ABRAM'S CHASEC�`� Staff Report for the Planning Commission Prepared: September 1, 2006 Staff Contact: Candice E. Perkins, Planner I tat sw t- lkK S? PbLq x i t 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: September 20, 2006 Pending Board of Supervisors: October 11, 2006 Pending PROPOSAL: To rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, to accommodate 14 single family detached residential units on small lots. LOCATION: The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 65-A-27A and 65-A-28A PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) South: RA (Rural Areas) East: RP (Residential Performance) West: RA (Rural Areas) PROPOSED USES: 14 single family homes Use: Lynnehaven Subdivision Open Space Use: Agricultural Use: Parkwood Manor Subdivisions Use: Residential Rezoning 911-06 — Abram's Chase September 1, 2006 Page 2 REVIEW EVALUATIONS: VirLinia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 656. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Abram's Chase Subdivision rezoning application dated March 1, 2006 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip General Manual, Sixth Edition for review. VDOT reseives the right to connnent 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: Plan approval recommended. Greenwood Volunteer Fire Company: Agreed to. Public Works Department: Refer to Wetlands, Page 3: A detailed wetlands delineation study will be required with the master development plan submittal. Refer to Site Drainage, Page 7: During the subdivision design phase, it will be necessary to route the 100-year storms through the existing drainage swales to determine the impact on the proposed development. Any stormwater ponds shall be constructed above the maximum 100-year storm level. Refer to Solid Waste Disposal, Page 7: The narrative references the close proximity to the Greenwood Citizens' Convenience Center. This site has been scheduled to be closed within the next two years. Therefore, we recommend that curbside trash pickup be provided by the developer or Home Owners' Association. This requirement should be included in the analysis and proffer statement. Frederick -Winchester Service Authority: There is adequate water and sewer capacity to serve this rezoning request. Sanitation Authority: No comments. Department of Parks & Recreation: As of this review, a minimum of three recreational units are required for this development. However, if a waiver is approved, an appropriate value for recreational amenities must be determined. The proposed asphalt walkway to adjacent property should meet Frederick County Standards. Plan appears to offer the appropriate amount of open space. The proposed monetary proffer for Parks and Recreation appears to address the impact Abram's Chase will have on this department's capital facility needs. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 14 single family homes will yield two high school students, two middle school students and five elementary school students for a total of nine new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments Rezoning # 11-06 — Abram's Chase September 1, 2006 Page 3 nearing or exceeding the practical capacity for a school. Even with only nine new students upon build - out, the cumulative impact of this project and others, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. 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. Residents should be forewarned that due to the proximity of the site to the Winchester Airport, they may experience noise from over flight of aircraft arriving to and departing from the airport from the northeast. Frederick County Attorney: It is my opinion that the 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. Proffer A provides that the property will develop in substantial conformity with the attached Generalized Development Plan (GDP). The GDP was not attached to the copy of the Proffer Statement provided to me. Therefore, this review is provided without a review of the GDP. 2. Proffer B limits the dwelling units to "14 single family detached residential dwelling units on small lots". It is assumed that this is a reference to the "single family small lot" type of development identified in Section 165-65F of the Zoning Ordinance. 3. Proffer C proposes to provide tot lot equipment, park benches, and an asphalt pedestrian walkway as community recreational facilities in lieu of a conununity center, of the conununity center is waived by the Frederick County Board of Supervisors. However, my review of Section 165-64(A)(1) indicates that the Board of Supervisors can waive the commmunity center requirement of Section 165-64(A) in proffered age -restricted single family small lot subdivisions that contain less than 50 lots. However, there is nothing in the proffer provided to me to indicate that this development is to be an age -restricted development. Accordingly, I question whether the waiver provision applies, so as to permit the elimination of the community center for this small lot housing development. 4. Proffers D(1) and D(2) provide for the construction of a right turn and taper lane and for the dedication of right-of-way. However, neither proffer establishes a timing requirement for the construction and dedication. A timing requirement satisfactory to the County should be included in each proffer. 5. In Proffer E the first clause is redundant and should be deleted. The proffer should commence as the other proffers have commenced with the language "the Applicant will pay...". 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 Conunission. 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 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. Planning Department: Please see attached letter dated April 12, 2006 firoin Candice E. Perkins, Rezoning # 11-06 — Abram's Chase September 1, 2006 Page 4 Planner H. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcel as being zoned A-2 Agricultural. The County's A-1 and A-2 agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. Parcels 65-A-27A and 65-A-28A maintain this RA zoning classification. 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 cominunity life. The primary goal of this plan is to protect and improve the living enviromnent 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-]] T.mifl TTco The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use Plan Map identifies this general area with future residential land uses. Transporlation The Frederick County Eastern Road Plan provides guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right-of-ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7-6). Senseny Road is identified as an improved major collector road and should be addressed accordingly. In addition, Senseny Road is recognized in the Frederick County Bicycle Plan with a short terin designation for bicycle acconunodations. Access to the site would be via a new street that would be in the form of a cul-de-sac as indicated on the Generalized Development Plan. Rezoning # 11-06 — Abram's Chase September 1, 2006 Page 5 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains, wetlands or woodlands. According to the Soil Survey of Frederick County, the site contains the following soil types; Clearbrook Channerry Silt Loams and Weikert-Berks Channery Silt Loams. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The applicant's transportation analysis is minimal due to the limited scope of the proffered development plan. Based upon the ITE Trip Generation Manual, the fourteen lot single family v��• detached residential project will generate approximately 134 vehicle trips per day. Senseny Road in this area has a variable right-of-way. The applicant has proffered to dedicate necessary right-of-way as well as build a right turn and taper lane within the Senseny Road right-of-way. P� Transportation Program. The applicant will be constructing a new street to provide access to the fourteen lot subdivision which will traverse through the center of the subject site. The location of the access point onto Senseny Road is approximately two hundred feet from the closest road, Parkwood Drive. Also provided by the applicant in er statement is a commitment to provide a monetary contribution in the amount o ,000.0 �r residential lot to address transportation en r l 1 sg,100 g�lt� needs in the vicinity of this project. `'� `Ik) q�1C a e•,�'t nrq J•� �,,, �� oee /i+ tf a Recent projects along Senseny Road have proposed the construction of additional lanes along Senseny Road as well as the implementation of a 10 foot wide hiker/biker trail along the north side of Senseny Road. This approach should be a consistent consideration as projects are proposed along the Senseny Road corridor. This project has reserved the right-of-way for Senseny Road (improvements to be completed by others) and has not proposed the inclusion of a 10' path as requested. roJ` 1 p ,b r This project also does not provide an tnterparcel connection to the adjacent property to the west which could facilitate additional entrances onto Senseny Road should those parcel choose to . � A redevelop in the future. The inclusion of an interparcel connection is encouraged. Ip0, J.- .-, �I ctx►D( •!Ac. -o-ru"t ear -70 di-SMN-1 bsr 1A A B. Sewer and Water-�w ? 1;-,i Ot-k IJ1 E�.J kh-%eLL C#14c V O•JJ �Fif Jt�~ .vf • C Presently sewer service is available via an 8" main that th is located along the northern portion of the subject site. This sewer line will direct effluent m the Abram's Chase Subdivision to the new Frederick County Sanitation Authority regional pump that will convey effluent to the Opequon Wastewater Treatment Plant. The proposed 14 lot development would add approximately 3,100 gallons per day to the public sewer conveyance system, increasing the demand at the Opequon Plant by 0.15%. Rezoning #11-06 — Abram's Chase September 1, 2006 Page 6 5) Iq f,4 4 r4 b�- 3>� r� Water supply will be provided by way of an 8" water line along the north side of Senseny Road that adjoins the subject site. Potable water is provided to this area of Senseny Road through a series of water transmission lines whose source is the Stephens City quarry system. Water demand of this project is estimated to be 3,850 gallons per day. C. Community Facilities The Frederick County Development Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriffs Office and for the Administration Building have been calculated and provided to the applicant for their consideration. The impacts associated with entirely residential projects are fixed at $23,290.00 for single family detached residential dwellings. This application addresses community facility impacts and needs by proffering a payment in the amount of $23,290.00 per residential unit to mitigate the impact to the identified community facilities. For your information, the following is the breakdown of the projected impacts per dwelling unit for each capital facility taken from the Development Impact Model. Capital facility Single Family Fi e A d Rescue $720 General Government $320 Public Safety $658 $267 $2,136 Library Parks and Recreation School Construction $19,189 Total $23,290 Proffer Statement — Dated March 1, 2006 and Revised August 21, 2006 A) Generalized Development Plan The applicant has proffered to develop the property in substantial conformance with the GDP provided in the rezoning application. B) Residential Land Use The applicant proffers develop a maximum of 4 single family detached residential �— units on small lots. �� ..1 � e S At W �� , �� y toy fit✓ C) Recreational Amenities C- I- L oT, 3i'8o • I , Rezoning # 11-06 — Abram's Chase September 1, 2006 / Page 7 r D) too bk, yy AS G 1r� tijLb C ,,t� �j �l tGL 'r)49 dl \ �� J The a 1' ant proffers to develop omen ' creational area that will be located as the GD i tot to equipment valued at a minimum of $35,00 par benches, and an asphalt pedes ' walkway. The recreational amenities rovi d with this proffer are in -lieu of a community center building if waived by the Board of Supervisors. it it h �� E >aF„ ��t , tu' I i `i A i lnc&,cl -fC_ 46 (N •'�M if1 s Transportation Enhancements `` j " 't• I 1. The applicant will construct a right -turn and taper lane within the public right-of- way that connects Parkwood Drive to the cul-de-sac serving the property. This improvement shall be bonded and constructed concurrently with the internal cul-de- sac serving the property. 2. The applicant will dedicate right-of-way sufficient to provide for 45 feet from the existing Senseny Road centerline of record to allow for future road improvements by others. 3. The applicant proffers to provide $1,000 for each residential lot that will be paid to Frederick County at the time of building permit issuance. This monetary contribution is available to Frederick County to be used towards future improvements to the Senseny Road corridor. E) Monetary Contribution A monetary contribution in the amount of $23,290.00 to Frederick County, to be provided at the time each residential lot is platted, is proffered in an effort to mitigate the impacts associated with this development on community facilities. 6) Waivers 1(V�'_t.c4 The applicant has reques that the Board of Supervisors provide this development with a waiver of the comm center requirement for single family small lot developments in accordance with § 165-64f the Frederick County Zoning Ordinance. This section of the ordinance allows the Board of Supervisors to waive the community center requirement in single family small lot subdivisions that contain less than Slots. - 'A& cy— n cj APPtirsS Apt Zi;,.� ZEJEIr,•w.r111 STAFF CONCLUSIONS FOR 09/20/06 PLANNING Cd�M ISSION MEETING: As A e144 gDD17� a.A L. QCC��A�i.N` R��'t�1t trtrl�Ji4 The land use proposed in this application is generally consistent with the Comprehensive Pol1Acy�lan,Easv.% described in the Eastern Frederick County Long Range Land Use Plan. Elements of the rezoningLo-'1#1C^4 application have been identified that should be carefully evaluated to ens e that they fully address thetMA«<^ goals of the County; specifically in terms of the Senseny Road impr ements (widening and bike Sly (oT• accommodations) and inteparcel connections. Please note that two re mmendations are required for this application, one for the waiver and one for the rezoning. �0 A/P�t�r� �' /��MLSJ A.�o h7�1/E•�J�'F i�Anrc�� iC }J�) Followiniz the requirement for a public hearinz, a recommendation pj-7„q,jye,,1, e-� by the Planninz Commission to the Board of Supervisors concerninz this rezoning 4- application would be appropriate. The applicant should be prepared to adequately�'�`'�''�''M address all concerns raised by the Planninz Commission. ?o? "* 4 4 RICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 January 11, 2007 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #11-06, ABRAM'S CHASE Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of January 10, 2007. The above -referenced application was approved to rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, to accommodate 13 single family detached residential units on small lots. The subject properties front on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision, and are identified with Property Identification Numbers 65-A-27A and 65-A-28A 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, Candice E. Perkins, AICP Planner II CEP/bad Attachment cc: Philip A. Lemieux, Red Bud Magisterial District Supervisor Gregory Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Harvest Communities, Inc., 147 Creekside Lane, Winchester, VA 22602 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 a REZONING APPLICATION 911-06 ABRAM'S CHASE Staff Report for the Board of Supervisors Prepared: December 27, 2006 Staff Contact: Candice E. Perkins, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: September 20, 2006 Tabled for 90 days by Planning Commission Planning Commission: December 20, 2006 Recommended Approval Board of Supervisors: January 10, 2007 Pending PROPOSAL: To rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, to accommodate 13 single family detached residential units on small lots. LOCATION: The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 65-A-27A and 65-A-28A PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) South: RA (Rural Areas) East: RP (Residential Performance) West: RA (Rural Areas) Use: Lynnehaven Subdivision Open Space Use: Agricultural Use: Parkwood Manor Subdivisions Use: Residential PROPOSED USES: 13 single family small lot homes (4 units/acre density) 0 a Rezoning #11-06 — Abram's Chase December 27, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dent. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 656. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Abram's Chase Subdivision rezoning application dated March 1, 2006 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip General Manual, Sixth Edition for review. VDOT reserves the right to conunent 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: Plan approval recommended. Greenwood Volunteer Fire Company: Agreed to. Public Works Department: Refer to Wetlands, Page 3: A detailed wetlands delineation study will be required with the master development plan submittal. Refer to Site Drainage, Page 7: During the subdivision design phase, it will be necessary to route the 100-year storms through the existing drainage swales to determine the impact on the proposed development. Any stormwater ponds shall be constructed above the maximum 100-year storm level. Refer to Solid Waste Disposal, Page 7: The narrative references the close proximity to the Greenwood Citizens' Convenience Center. This site has been scheduled to be closed within the next two years. Therefore, we recommend that curbside trash pickup be provided by the developer or Home Owners' Association. This requirement should be included in the analysis and proffer statement. Frederick -Winchester Service Authority: There is adequate water and sewer capacity to serve this rezoning request. Sanitation Authority: No comments. Department of Parks & Recreation: As of this review, a minimum of three recreational units are required for this development. However, if a waiver is approved, an appropriate value for recreational amenities must be determined. The proposed asphalt walkway to adjacent property should meet Frederick County Standards. Plan appears to offer the appropriate amount of open space. The proposed monetary proffer for Parks and Recreation appears to address the impact Abram's Chase will have on this department's capital facility needs. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 14 single family homes will yield two high school students, two middle school students and five elementary school students for a total of nine new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. Even with only nine new students upon build- 0 0 Rezoning 911-06 — Abram's Chase December 27, 2006 Page 3 out, the cumulative impact of this project and others, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. 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. Residents should be forewarned that due to the proximity of the site to the Winchester Airport, they may experience noise from over flight of aircraft arriving to and departing from the airport from the northeast. Frederick County Attorney: It is my opinion that the 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. Proffer A provides that the property will develop in substantial conformity with the attached Generalized Development Plan (GDP). The GDP was not attached to the copy of the Proffer Statement provided to me. Therefore, this review is provided without a review of the GDP. 2. Proffer B limits the dwelling units to "14 single family detached residential dwelling units on small lots". It is assumed that this is a reference to the "single family small lot" type of development identified in Section 165-65F of the Zoning Ordinance. 3. Proffer C proposes to provide tot lot equipment, park benches, and an asphalt pedestrian walkway as community recreational facilities in lieu of a community center, of the community center is waived by the Frederick County Board of Supervisors. However, my review of Section 165-64(A)(1) indicates that the Board of Supervisors can waive the community center requirement of Section 165-64(A) in proffered age -restricted single family small lot subdivisions that contain less than 50 lots. However, there is nothing in the proffer provided to me to indicate that this development is to be an age -restricted development. Accordingly, I question whether the waiver provision applies, so as to permit the elimination of the community center for this small lot housing development. 4. Proffers D(1) and D(2) provide for the construction of a right turn and taper lane and for the dedication of right-of-way. However, neither proffer establishes a timing requirement for the construction and dedication. A timing requirement satisfactory to the County should be included in each proffer. 5. In Proffer E the first clause is redundant and should be deleted. The proffer should commence as the other proffers have commenced with the language "the Applicant will pay... ". 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. 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 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. Planning Department: Please see allached leller dated April 12, 2006 fi°om Candice E. Perkins, Planner H. Rezoning # 1 1-06 — Abram's Chase December 27, 2006 Page 4 PlanninjZ & ZoninLy: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcel as being zoned A-2 Agricultural. The County's A-1 and A-2 agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. Parcels 65-A-27A and 65-A-28A maintain this RA zoning classification. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the fixture physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1 ] Land Use The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use Plan Map identifies this general area with fixture residential land uses. Transportation The Frederick County Eastern Road Plan provides guidance regarding fixture arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right-of-ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7-6). Senseny Road is identified as an improved major collector road and should be addressed accordingly. In addition, Senseny Road is recognized in the Frederick County Bicycle Plan with a short term designation for bicycle accommodations. Access to the site would be via a new public street that would be stubbed out at the western property line as indicated on the Generalized Development Plan. A 10' asphalt bicycle/pedestrian is also being constructed along the frontage of the property. 0 0 Rezoning # 11-06 -- Abram's Chase December 27, 2006 Page 5 3) Site Suitability/Environment The site does not contain any enviromnental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains, wetlands or woodlands. According to the Soil Survey of Frederick County, the site contains the following soil types; Clearbrook Channerry Silt Loams and Weikert-Becks Channery Silt Loams. 4) Potential Impacts A. Transportation Traffic Impact Anal The applicant's transportation analysis is minimal due to the limited scope of the proffered development plan. Based upon the ITE Trip Generation Manual, the fourteen lot single family detached residential project will generate approximately 134 vehicle trips per day. The applicant is proffering to construct an internal public street with a temporary turnaround that will be designed to provide for inter -parcel coruiectivity to Tax Map Parcel 65-A-25B to the west. The applicant's proffer statement includes a commitment making the required frontage improvements to Route 657, Senseny Road, including the necessary right-of-way dedication to provide for 45 feet from the existing Senseny Road centerline. Commitments for the frontage improvements have been provided in the proffers include lane widening of Senseny Road to achieve the full section of Senseny Road across the frontage of this property and bicycle and pedestrian accommodations. This site will also offer access to the adjacent parcel (65-A-26) should it choose to utilize the new public street within the Abrams Chase Subdivision. Staff Note: It is noted that recent single family rezonings in this area have proffered a transportation contribution per dwelling unit (Senseny Road Rentals, Senseny Village) to help with road improvements in addition to a proffer to construct the Senseny Road expansions on their property (Orrick ($2,854), Senseny Road Rentals($5,000)). The previously reviewed application contained a transportation proffer of $1,000 per unit for improvements to Senseny Road. This rezoning has been revised to provide the improvements to Senseny Road but has removed the $1,000 transportation contribution from the proffers. Consideration should be made for the location of the road shown on the GDP. This rezoning will establish the location of the road for future developments. B. Sewer and Water Presently sewer service is available via an eight inch main that is located along the northern portion of the subject site. This sewer line will direct effluent from the Abram's Chase Subdivision to the new Frederick County Sanitation Authority regional pump that will convey effluent to the Opequon Wastewater Treatment Plant. The proposed 14 lot development would Rezoning 91 1-06 — Abram's Chase December 27, 2006 Page 6 add approximately 3,100 gallons per day to the public sewer conveyance system, increasing the demand at the Opequon Plant by 0.15%. Water supply will be provided by way of an eight inch water line along the north side of Senseny Road that adjoins the subject site. Potable water is provided to this area of Senseny Road through a series of water transmission lines whose source is the Stephens City quarry system. Water demand of this project is estimated to be 3,850 gallons per day. C. Community Facilities The Frederick County Development Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building have been calculated and provided to the applicant for their consideration. The impacts associated with entirely residential projects are fixed at $23,290.00 for single family detached residential dwellings. This application addresses community facility impacts and needs by proffering a payment in the amount of $23,290.00 per residential unit to mitigate the impact to the identified community facilities. For your information, the following is the breakdown of the projected impacts per dwelling unit for each capital facility taken from the Development Impact Model. Capital facility Single Family Fire and Rescue $720 General Government $320 Public Safety $658 Library $267 Parks and Recreation $2,136 School Construction $19,189 Total $23,290 5) Proffer Statement — Dated March 1, 2006 (Revised December 21, 2006) A) Generalized Development Plan The applicant has proffered to develop the property in substantial conformance with the GDP provided in the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road, the 10' bicycle/pedestrian facility, the internal road system with inter -parcel connectivity, the general location of the residential lots and the open space/buffer areas. Rezoning #11-06 — Abram's Chase December 27, 2006 Page 7 B) Residential Land Use The applicant proffers to develop a maximum of 13 single family detached residential units on small lots. Staff Note: With the single family small lot designation, this project could develop lots as small as 3,750 square feet. C) Transportation Enhancements 1. The applicant will construct an internal pubic street with a temporary turnaround that will be designed to provide for Interparcel connectivity to Tax Map Parcel 65- A-2513. 2. The applicant will construct a new westbound travel lane on Senseny Road that is 12' in width and is located along the property frontage within the public right-of- way. The new westbound travel lane shall be designed to connect Parkwood Drive tot eh entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the property. 3. The applicant will construct a right -turn and taper lane within the public right-of- way to the entrance serving the property. This improvement shall be bonded and constructed concurrently with the internal public street serving the property. 4. The applicant will dedicate right-of-way sufficient to provide for 45 feet from the existing Senseny Road centerline of record to allow for future road improvements by others. The applicant will construct a 10 foot asphalt bicycle/pedestrian facility along the entire frontage of the property. The applicant will provide for a curb cut along the Interparcel public street serving the property to allow for ingress/egress for Tax Map Parcel 65-A-26A. The applicant shall establish an ingress/egress easement for the benefit of 65-A-26A that shall be incorporated into the final plat and deed for the Abrams Chase Subdivision. Additionally, an easement shall be provided at this general location for the benefit of Tax Map Parcel 65-A-26A to allow for public water and sewer connections to the Abrams Chase public water and sewer lines at the expense of others. D) Monetary Contribution A monetary contribution in the amount of $23,290.00 to Frederick County, to be provided at the time each residential lot is platted, is proffered in an effort to mitigate the impacts associated with this development on community facilities. PLANNING COMMISSION SUMMARY AND ACTION OF THE 09/20/06 MEETING: Members of the Commission asked the applicant if he had considered an inter -parcel connector at the Rezoning # 1 1-06 — Abram's Chase December 27, 2006 Page 8 cul-de-sac to the east or the possibility of acquiring the vacant lot on Parkwood Circle for an inter - parcel cormector. The applicant replied that not only was there a drainage area through the location to the east, but it would compromise the area they had planned for their recreational amenities; he said the other open area on the site was designated for stormwater detention. The applicant said he had not pursued the possibility of purchasing the vacant lot on Parkwood Circle. Considering how much of the property was within a floodplain, a member of the Commission raised the possibility that housing sites could be lost or the road location may have to be moved. The applicant responded that the results of a site -distance study they conducted eliminated any leeway in the location of the road. The applicant assured the Commission that a wetlands study would be conducted at the MDP stage, as requested by the County's engineer. One citizen spoke in opposition to the rezoning; she did not believe the proposed development supported the County's vision for good planning. She did not think this site, nor the other surrounding vacant parcels, should be a continuation of the less -than -desirable type of development this area has been experiencing. The Planning Staff pointed out that the inter -parcel connection is required by the zoning ordinance and was a non -debatable issue, Lidless waived by the Board of Supervisors. Staff noted that the ordinance also requires a waiver of the community center to be done at the MDP or subdivision stage. In addition, Staff noted the inappropriateness of the applicant adjusting the cash proffer contribution at this point in the process. Regarding the entrance separation along Senseny Road, Staff commented that the 200 feet proposed by the applicant did not meet the desired separation of 500 feet, which is recommended in VDOT's subdivision design manual. Commission members said they were having difficulty finding any redeeming values in the proposal from a planning standpoint. They were concerned this project may set a precedent for similar developments in this area. They were concerned about the possibility of having six cul-de-sacs within a 1,200-foot distance, each with 134 trips per day, along Senseny Road, which already had traffic problems. Although there were questions whether approving this rezoning represented good planning, a concern was raised about the fixture of this particular area, which seemed to be a conglomeration of small parcels. The question of how the parcels in this area could be integrated to create good planning was raised. The possibility of a solution through the UDA Study was suggested. Members of the Commission wanted to give the applicant more time to address some of the issues in order to make the project work. By a majority vote, the Commission tabled the rezoning for 90 days. YES (TO TABLE): Unger, Watt, Manuel, Morris, Oates, Light, Wilmot, Kriz, Triplett, Kerr, Mohn NO: Thomas (Note: Commissioner Ours was absent from the meeting.) STAFF UPDATE FOR THE 12/20/2006 PLANNING COMMISSION MEETING: The applicant provided staff with a revised proffer statement and GDP which have addressed the issues raised at the September 20, 2006 Planning Commission. The issues from the meeting and the Rezoning #11-06 — Abram's Chase December 27, 2006 Page 9 applicant's solutions are as follows: The previously reviewed application only provided right-of-way for fixture improvements to Senseny Road; it did not provide any improvements or the bicycle/pedestrian lane. The revised application provides the right-of-way, the improvements to Senseny Road (new westbound travel lane and right turn/taper lane) as well as the ten foot asphalt bicycle/pedestrian facility along the entire frontage of the property. 2. The internal public road within previously shown has a cul-de-sac and did not provide inter - parcel connectivity to the adjacent property. The revised proffers and GDP now show the internal public street stubbing out at the western property line. The applicant has also provided an area for a smaller adjacent parcel that fronts on Senseny Road to connect into the new public street within the Abrams Chase Subdivision if they choose. 3. The previously reviewed application contained a request for a waiver of the community center requirement and the proffers had specific recreational unit figures and amenities that would be applicable if the community center was waived. The waiver cannot be sought at the rezoning stage and needs to come at the MPD or Subdivision stage. The waiver and the recreational amenity proffer have been removed from the application. The revised GDP currently does not provide a location for the required recreational area which is required to be shown. PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/20/06 MEETING: One adjoining property owner spoke with concerns that the access turn might damage a sewer line for the existing mobile home. The applicant stated the access turn on Senseny Road will be completely within the existing right-of-way, plus there is additional right-of-way dedication on the applicant's property. Planning staff pointed out that the applicant had addressed the issues raised at the September 20, 2006 Planning Commission meeting and had addressed staff's concerns as well; it was noted that consideration should be made for the location of the Interparcel connection to the adjacent property to the west as the road location shown on the GDP will establish the road location for future developments. No issues of concern were raised and the Commission recommended approval of the rezoning with the proffers offered by the following majority vote: YES (to approve): Unger, Manuel, Morris, Oates, Ours, Kriz, Triplett, Kerr, Mohn, Wilmot NO: Light (Note: Commissioners Thomas and Watt were absent from the meeting.) n Rezoning # 11-06 — Abram's Chase December 27, 2006 Page 10 STAFF CONCLUSIONS FOR O1/10/07 BOARD OF SUPERVISORS MEETING: The land use proposed in this application is generally consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan. The applicant has addressed the issues that were discussed by the Planning Commission and has addressed staff s concerns. Consideration should be made for the location of the road that is shown on the GDP as this rezoning will establish the location of the road for future developments. 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. r .' � ,q r/4 II: Age., Sd', t y r I ♦A 1� ti V ` lr 4+•�;,, `; ►,. 3a♦ . . r �A►1M It A►• ilk / f ove 41 • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff 6 e Fee Amount Paid 33 7�- Zoning Amendment Number Date Receive a 66 PC Hearing Date j BOS Hearing Date p 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. Xpplicant: Name: Greenway Engineering Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: Harvest Communities, Inc. Telephone: (540) 678-1462 Address: 147 Creekside Lane Winchester, VA 22602 3. Contact person if other than above Name: Evan Wyatt, AICP Telephone: (540) 662=4185 4. Checklist: Check the following items that have been included with this application. Location map Plat Deed to Property Verification of taxes paid X Agency Comments X Fees X Impact Analysis Statement X Proffer Statement 11 0 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Harvest Communities, Inc., Stuart Butler, President A) Current Use of the Property: Residential B) Proposed Use of the Property: Residential 7. Adjoining Property: PARCEL Ill NUMBER USE ZONING 55K-1-1-24A Open Space RP 65-A-15 Agricultural RA 65-A-25B Residential RA 65-A-26A Residential RA 6513-9-7 Residential RP 65B-9-7A Residential RP 6513-9-8 Residential RP 65B-9-9 Residential RP 6513-9-10 Residential RP 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): Fronting on the north side of Senseny Road (Route 657), adjacent to the Parkwood Manor Subdivision. • 0 Information to be Submitted for Capital Facilities Iinvact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identlflcatlon/Locatlon: Parcel Identification Number Magisterial: Fire Service: Rescue Service 10. 11. Red Bud Greenwood VFR Greenwood VFR Districts High School: Middle School: Elementary School Millbrook Admiral Byrd Senseny Road Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 3.25± RA District RP District 3.25± Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 14 Townhome: Non -Residential Lots: Mobile Home: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other Multi -Family IIotel Rooms: 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): - (, Date: 7-1 1 Olo Owner (s): , , e: 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, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Harvest Communities, Inc. (Phone) (540) 678-1462 (Address) 147 Creekside Lane, Winchester, VA 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050028946 on Page , and is described as Parcel: 65 Lot: 27A Block: A Section: Subdivision: Parcel: 65 Lot: 28A Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness there (vY �av iereto s m o r) hand and seal this 2641h day of 4krL4200 G� State of Virginia, City/ ount of Frederick, To -wit: I, Donna L. Meliso, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknoww ged the same before mein the jurisdiction aforesaid thisZS+1i day of �J' 200 -�7��P� c n J My Commission Expires: February 29, 2008 Notary Public 0 0 REZONING APPLICATION #I1-06 ABRAM'S CHASE Staff Report for the Planning Commission Prepared: October 13, 2006 Staff Contact: Candice E. Perkins, Plaiuier II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: September 20, 2006 Tabled for 90 days by Planning Commission Planning Commission: December 20, 2006 Pending Board of Supervisors: January 10, 2007 Pending PROPOSAL: To rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, to accommodate 14 single family detached residential units on small lots. LOCATION: The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 65-A-27A and 65-A-28A PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) South: RA (Rural Areas) East: RP (Residential Performance) West: RA (Rural Areas) Use: Lynnehaven Subdivision Open Space Use: Agricultural Use: Parkwood Manor Subdivisions Use: Residential PROPOSED USES: 14 single family small lot homes (4.3 units/acre density) 0 0 Rezoning # 1 1-06 — Abram's Chase October 13, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 656. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Abram's Chase Subdivision rezoning application dated March 1, 2006 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip General Manual, Sixth 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: Plan approval recommended. Greenwood Volunteer Fire Company: Agreed to. Public Works Department: Refer to Wetlands, Page 3: A detailed wetlands delineation study will be required with the master development plan submittal. Refer to Site Drainage, Page 7: During the subdivision design phase, it will be necessary to route the 100-year storms through the existing drainage swales to determine the impact on the proposed development. Any stormwater ponds shall be constructed above the maximum 100-year storm level. Refer to Solid Waste Disposal, Page 7: The narrative references the close proximity to the Greenwood Citizens' Convenience Center. This site has been scheduled to be closed within the next two years. Therefore, we recommend that curbside trash pickup be provided by the developer or Home Owners' Association. This requirement should be included in the analysis and proffer statement. Frederick -Winchester Service Authority: There is adequate water and sewer capacity to serve this rezoning request. Sanitation Authority: No comments. Department of Parks & Recreation: As of this review, a minimum of three recreational units are required for this development. However, if a waiver is approved, an appropriate value for recreational amenities must be determined. The proposed asphalt walkway to adjacent property should meet Frederick County Standards. Plan appears to offer the appropriate amount of open space. The proposed monetary proffer for Parks and Recreation appears to address the impact Abram's Chase will have on this department's capital facility needs. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 14 single family homes will yield two high school students, two middle school students and five elementary school students for a total of nine new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. Even with only nine new students upon build- Rezoning # 1 1-06 — Abram's Chase October 13, 2006 Page 3 out, the cumulative impact of this project and others, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. 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. Residents should be forewarned that due to the proximity of the site to the Winchester Airport, they may experience noise from over flight of aircraft arriving to and departing from the airport from the northeast. Frederick County Attorney: it is my opinion that the 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. Proffer A provides that the property will develop in substantial conformity with the attached Generalized Development Plan (GDP). The GDP was not attached to the copy of the Proffer Statement provided to me. Therefore, this review is provided without a review of the GDP. 2. Proffer B limits the dwelling units to "14 single family detached residential dwelling units on small lots". It is assumed that this is a reference to the "single family small lot" type of development identified in Section 165-65F of the Zoning Ordinance. 3. Proffer C proposes to provide tot lot equipment, park benches, and an asphalt pedestrian walkway as community recreational facilities in lieu of a community center, of the community center is waived by the Frederick County Board of Supervisors. However, my review of Section 165-64(A)(1) indicates that the Board of Supervisors can waive the community center requirement of Section 165-64(A) in proffered age -restricted single family small lot subdivisions that contain less than 50 lots. However, there is nothing in the proffer provided to me to indicate that this development is to be an age -restricted development. Accordingly, I question whether the waiver provision applies, so as to permit the elimination of the community center for this small lot housing development. 4. Proffers D(1) and D(2) provide for the construction of a right turn and taper lane and for the dedication of right-of-way. However, neither proffer establishes a timing requirement for the construction and dedication. A timing requirement satisfactory to the County should be included in each proffer. 5. In Proffer E the first clause is redundant and should be deleted. The proffer should commence as the other proffers have commenced with the language "the Applicant will pay...". 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. 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 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. Planning Department: Please see attached letter dated April 12, 2006 fNorn Candice K Perkins, Planner H. 0 • Rezoning #1 1-06 — Abram's Chase October 13, 2006 Page 4 Planninlz & Zoninjz: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcel as being zoned A-2 Agricultural. The County's A-1 and A-2 agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. Parcels 65-A-27A and 65-A-28A maintain this RA zoning classification. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the fixture physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use Plan Map identifies this general area with future residential land uses. T7*ansporlal ion The Frederick County Eastern Road Plan provides guidance regarding fixture arterial and collector road connections in the eastern portion of the County by identifying needed corulections and locations. Plans for new development should provide for the right-of-ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7-6). Senseny Road is identified as an improved major collector road and should be addressed accordingly. In addition, Senseny Road is recognized in the Frederick County Bicycle Plan with a short term designation for bicycle accommodations. Access to the site would be via a new street that would be in the form of a cul-de-sac as indicated on the Generalized Development Plan. 0 Rezoning # 1 1-06 — Abram's Chase October 13, 2006 Page 5 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains, wetlands or woodlands. According to the Soil Survey of Frederick County, the site contains the following soil types; Clearbrook Channerry Silt Loams and Weikert-Becks Chamlery Silt Loams. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The applicant's transportation analysis is minimal due to the limited scope of the proffered development plan. Based upon the ITE Trip Generation Manual, the fourteen lot single family detached residential project will generate approximately 134 vehicle trips per day. Senseny Road in this area has a variable right-of-way. The applicant has proffered to dedicate necessary right- of-way as well as build a right turn and taper lane within the Senseny Road right-of-way. Staff Note: The applicant has proffered to dedicate right-of-way sufficient to provide for 45 feet from the existing Senseny Road centerline. This project should be implementing the Senseny Road expansion plans (proposed four lanes), including construction of the additional lane and curb and gutter along the frontage of their site. The inclusion of the right turn taper lane should be in addition and outside of the road expansion area. This rezoning has not addressed this improvement. Transportation Program. The applicant will be constructing a new street to provide access to the fourteen lot subdivision which will traverse through the center of the subject site. The location of the access point onto Senseny Road is approximately two hundred feet from the closest road, Parkwood Drive. Also provided by the applicant in the proffer statement is a commitment to provide a monetary contribution in the amount of $1,000.00 per residential lot to address transportation general needs in the vicinity of this project. Staff Note: It is noted that recent single family rezonings in this area have provided a transportation proffer of $5, 000 per dwelling unit (Senseny Road Rentals, Senseny Village) to help with road improvements as well as a proffer to construct the Senseny Road expansions on their property (Orrick, Senseny Road Rentals). This rezoning proposal has not addressed the transportation impact similar to other recent rezonings. Recent projects along Senseny Road have proposed the construction of additional lanes along Senseny Road as well as the implementation of a ten foot wide hiker/biker trail along the north side of Senseny Road. This approach should be a consistent consideration as projects are proposed along the Senseny Road corridor. While this project has reserved the right-of-way for Senseny Road, it has not proffered to construct the road improvements (improvements to be completed by others) and has not proposed the inclusion of a ten foot path as requested. Staff Note: This project also does not provide an interparcel connection to the adjacent E Rezoning # 1 1-06 — Abram's Chase October 13, 2006 Page 6 property to the west which could facilitate additional entrances onto Senseny Road should those parcels choose to redevelop in the future. The cul-de-sac associated with this project should stub out to the western lot or a connection from this road should be provided. B. Sewer and Water Presently sewer service is available via an eight inch main that is located along the northern portion of the subject site. This sewer line will direct effluent from the Abram's Chase Subdivision to the new Frederick County Sanitation Authority regional pump that will convey effluent to the Opequon Wastewater Treatment Plant. The proposed 14 lot development would add approximately 3,100 gallons per day to the public sewer conveyance system, increasing the demand at the Opequon Plant by 0.15%. Water supply will be provided by way of an eight inch water line along the north side of Senseny Road that adjoins the subject site. Potable water is provided to this area of Senseny Road through a series of water transmission lines whose source is the Stephens City quarry system. Water demand of this project is estimated to be 3,850 gallons per day. C. Community Facilities The Frederick County Development Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building have been calculated and provided to the applicant for their consideration. The impacts associated with entirely residential projects are fixed at $23,290.00 for single family detached residential dwellings. This application addresses community facility impacts and needs by proffering a payment in the amount of $23,290.00 per residential unit to mitigate the impact to the identified community facilities. For your information, the following is the breakdown of the projected impacts per dwelling unit for each capital facility taken from the Development Impact Model. Capital facility Single Family Fire and Rescue $720 General Government $320 Public Safety $658 Library $267 Parks and Recreation $2,136 School COIIARICtlOn $19,189 Total $23,290 0 • Rezoning # 1 1-06 — Abram's Chase October 13, 2006 Page 7 5) Proffer Statement — Dated March 1, 2006 and Revised August 21, 2006 A) Generalized Development Plan The applicant has proffered to develop the property in substantial conformance with the GDP provided in the rezoning application. B) Residential Land Use The applicant proffers to develop a maximum of 14 single family detached residential units on small lots. Staff Note: [Vith the single family small lot designation, this project could develop lots as small as 3, ?SO square feet. C) Recreational Amenities The applicant proffers to develop a community recreational area that will be located as shown on the GDP. This area will contain tot lot equipment valued at a minimum of $35,000, park benches, and an asphalt pedestrian walkway. The recreational amenities provided with this proffer are in -lieu of a community center building if waived by the Board of Supervisors. Staff Note: As stated in the last sentence of the proffer, in order to implement this proffer, the applicant would need to apply for and receive a waiver of the community center requirement for single fancily small lot developments per §165-64A(1) of the Frederick County Zoning Ordinance. This waiver would need to be sought during Master Development stage. Staff Note: The $35,000 amount included in the proffer is the prorated amount for the community center should the Board of Supervisors waive the recreational community center and allow the applicant to prorate the requirement of three recreational units for each 30 dwellings. If the waiver is not granted by the Board, the applicant rvotuld be regtuired to provide a contnurnity center. The inclusion of this proffer is not appropriate since it is limiting the dollar amount of the recreational unit (if the project is not built immediately the dollar amount per recreational unit is limited, even if the recreational unit amount increases per county requirements). It seems inappropriate to discuss recreational values at this point since the community center is not permitted for consideration until the MDP phase. D) Transportation Enhancements 1. The applicant will construct a right -turn and taper lane within the public right-of-way that connects Parkwood Drive to the cul-de-sac serving the property. This improvement shall be bonded and constructed concurrently with the internal cul-de- sac serving the property. 2. The applicant will dedicate right-of-way sufficient to provide for 45 feet from the Rezoning 81 1-06 — Abram's Chase October 13, 2006 Page 8 existing Senseny Road centerline of record to allow for fixture road improvements by others. The applicant proffers to provide $1,000 for each residential lot that will be paid to Frederick County at the time of building permit issuance. This monetary contribution is available to Frederick County to be used towards future improvements to the Senseny Road corridor. Staff Note: It is noted that recent single family rezonings in this as•ea have provided a transportation proffer of $5,000 per dwelling unit (Senseny Road Rentals, Senseny Village) to help with road improvements as well as a proffer to construct the Senseny Road expansions on their property (Quick, Senseny Road Rentals). Monetary Contribution A monetary contribution in the amount of $23,290.00 to Frederick County, to be provided at the time each residential lot is platted, is proffered in an effort to mitigate the impacts associated with this development on community facilities. The applicant has requested that the Board of Supervisors provide this development with a waiver of the community center requirement for single family small lot developments in accordance with §165-64A(1) of the Frederick County Zoning Ordinance. This section of the ordinance allows the Board of Supervisors to waive the community center requirement in single family small lot subdivisions that contain less than 25 lots. STAFF CONCLUSIONS FOR 09/20/06 PLANNING COMMISSION MEETING: While the land use proposed in this application is generally consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan, this application fails to address and mitigate various issues of transportation and recreation. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the goals of the County. Specifically, this applicant has not addressed the Senseny Road improvements, the construction of a bike/pedestrian facility and the recreational requirements of this development. The applicant should be prepared to address theses issues. Please note that two recommendations are required for this application, one for the waiver and one for the rezoning. PLANNING COMMISSION SUMMARY AND ACTION OF THE 09/20/06 MEETING: Members of the Commission asked the applicant if he had considered an inter -parcel connector at the cul-de-sac to the east or the possibility of acquiring the vacant lot on Parkwood Circle for an inter -parcel connector. The applicant replied that not only was there a drainage area through the location to the east, but it would compromise the area they had planned for their recreational amenities; he said the other open area on the site was designated for stormwater detention. The applicant said he had not pursued the possibility of purchasing the vacant lot on Parkwood Circle. Rezoning # 1 1-06 — Abram's Chase October 13, 2006 Page 9 Considering how much of the property was within a floodplain, a member of the Commission raised the possibility that housing sites could be lost or the road location may have to be moved. The applicant responded that the results of a site -distance study they conducted eliminated any leeway in the location of the road. The applicant assured the Commission that a wetlands study would be conducted at the MDP stage, as requested by the County's engineer. One citizen spoke in opposition to the rezoning; she did not believe the proposed development supported the County's vision for good planning. She did not think this site, nor the other surrounding vacant parcels, should be a continuation of the less -than -desirable type of development this area has been experiencing. The Planning Staff pointed out that the inter -parcel connection is required by the zoning ordinance and was a non -debatable issue, unless waived by the Board of Supervisors. Staff noted that the ordinance also requires a waiver of the community center to be done at the MDP or subdivision stage. In addition, Staff noted the inappropriateness of the applicant adjusting the cash proffer contribution at this point in the process. Regarding the entrance separation along Senseny Road, Staff commented that the 200 feet proposed by the applicant did not meet the desired separation of 500 feet, which is recommended in VDOT's subdivision design manual. Commission members said they were having difficulty finding any redeeming values in the proposal from a planning standpoint. They were concerned this project may set a precedent for similar developments in this area. They were concerned about the possibility of having six cul-de-sacs within a 1,200-foot distance, each with 134 trips per day, along Senseny Road, which already had traffic problems. Although there were questions whether approving this rezoning represented good planning, a concern was raised about the future of this particular area, which seemed to be a conglomeration of small parcels. The question of how the parcels in this area could be integrated to create good planning was raised. The possibility of a solution through the UDA Study was suggested. Members of the Commission wanted to give the applicant more time to address some of the issues in order to make the project work. By a majority vote, the Commission tabled the rezoning for 90 days. YES (TO TABLE): Unger, Watt, Manuel, Morris, Oates, Light, Wilmot, Kriz, Triplett, Kerr, Mohn NO: Thomas (Note: Commissioner Ours was absent from the meeting.) REZONING APPLICATION #II-06 ABRAM'S CHASE Staff Report for the Planning Commission Prepared: September 5, 2006 Staff Contact: Candice E. Perkins, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concernin this application are noted by staff Where' relevant throughout this staff 1'e'p01't. Reviewed Action Planning Commission: September 20, 2006 Pending Board of Supervisors: October 11, 2006 Pending PROPOSAL: To rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, to accommodate 14 single family detached residential units on small lots. LOCATION: The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision. GISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 65-A-27A and 65-A-28A PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) South: RA (Rural Areas) East: RP (Residential Performance) West: RA (Rural Areas) Use: Lynnehaven Subdivision Open Space Use: Agricultural Use: Parkwood Manor Subdivisions Use: Residential PROPOSED USES: 14 single family small lot homes (4.3 units/acre density) Rezoning # 1 1 -06 — Abram's Chase September 5, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 656. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Abram's Chase Subdivision rezoning application dated March 1, 2006 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.C. Trip General Manual, Sixth 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 Maishal: Plan approval recommended. Greenwood Volunteer Fire Company: Agreed to. Public Works Department: Refer to Wetlands, Page 3: A detailed wetlands delineation study will be required with the master development plan submittal. Refer to Site Drainage, Page 7: During the subdivision design phase, it will be necessary to route the 100-year storms through the existing drainage swales to determine the impact on the proposed development. Any stormwater ponds shall be constructed above the maximum 100-year storm level. Refer to Solid Waste Disposal, Page 7: The narrative references the close proximity to the Greenwood Citizens' Convenience Center. This site has been scheduled to be closed within the next two years. Therefore, we recommend that curbside trash pickup be provided by the developer or Home Owners' Association. This requirement should be included in the analysis and proffer statement. Frederick -Winchester Service Authority: There is adequate water and sewer capacity to serve this rezoning request. Sanitation Authority: No comments. Department of Parks & Recreation: As of this review, a minimum of three recreational units are required for this development. However, if a waiver is approved, an appropriate value for recreational amenities must be determined. The proposed asphalt walkway to adjacent property should meet Frederick County Standards. Plan appears to offer the appropriate amount of open space. The proposed monetary proffer for Parks and Recreation appears to address the impact Abram's Chase will have on this department's capital facility needs. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 14 single family homes will yield two high school students, two middle school students and five elementary school students for a total of nine new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments • Rezoning # 1 1-06 — Abram's Chase September 5, 2006 Page 3 nearing or exceeding the practical capacity for a school. Even with only nine new students upon build - out, the cumulative impact of this project and others, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the fixture construction of new school facilities to accommodate increased student enrollments. 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. Residents should be forewarned that due to the proximity of the site to the Winchester Airport, they may experience noise from over flight of aircraft arriving to and departing from the airport from the northeast. Frederick County Attorney: It is my opinion that the 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. Proffer A provides that the property will develop in substantial conformity with the attached Generalized Development Plan (GDP). The GDP was not attached to the copy of the Proffer Statement provided to me. Therefore, this review is provided without a review of the GDP. 2. Proffer B limits the dwelling units to "14 single family detached residential dwelling units on small lots". It is assumed that this is a reference to the "single family small lot" type of development identified in Section 165-65F of the Zoning Ordinance. 3. Proffer C proposes to provide tot lot equipment, park benches, and an asphalt pedestrian walkway as community recreational facilities in lieu of a community center, of the community center is waived by the Frederick County Board of Supervisors. However, my review of Section 165-64(A)(1) indicates that the Board of Supervisors can waive the community center requirement of Section 165-64(A) in proffered age -restricted single family small lot subdivisions that contain less than 50 lots. Iowever, there is nothing in the proffer provided to me to indicate that this development is to be an age -restricted development. Accordingly, I question whether the waiver provision applies, so as to permit the elimination of the community center for this small lot housing development. 4. Proffers D(1) and D(2) provide for the construction of a right turn and taper lane and for the dedication of right-of-way. However, neither proffer establishes a timing requirement for the construction and dedication. A timing requirement satisfactory to the County should be included in each proffer. 5. hi Proffer E the first clause is redundant and should be deleted. The proffer should commence as the other proffers have commenced with the language "the Applicant will pay...". 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. 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 I IRAB. 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. Planning Department: Please see attached letter dated April 12, 2006 fi-oni Candice E. Perkins, Rezoning #1 1-06 — Abram's Chase September 5, 2006 Page 4 Planner H. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcel as being zoned A-2 Agricultural. The County's A -I and A-2 agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. Parcels 65-A-27A and 65-A-28A maintain this RA zoning classification. 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] 1,ff11 d T Icw The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use Plan Map identifies this general area with future residential land uses. Transportation The Frederick County Eastern Road Plan provides guidance regarding fixture arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right-of-ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7-6). Senseny Road is identified as an improved major collector road and should be addressed accordingly. In addition, Senseny Road is recognized in the Frederick County Bicycle Plan with a short term designation for bicycle accommodations. Access to the site would be via a new street that would be in the form of a cul-de-sac as indicated on the Generalized Development Plan. Rezoning # 1 1-06 — Abram's Chase September 5, 2006 Page 5 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains, wetlands or woodlands. According to the Soil Survey of Frederick County, the site contains the following soil types; Clearbrook Channerry Silt Loams and Weikert-Becks Channery Silt Loams. 4) Potential Impacts A. Transportation Traffic Impact Anal The applicant's transportation analysts is minimal due to the limited scope of the proffered development plan. Based upon the ITE Trip Generation Manual, the fourteen lot single family detached residential project will generate approximately 134 vehicle trips per day. Senseny Road in this area has a variable right-of-way. The applicant has proffered to dedicate necessary right-of-way as well as build a right turn and taper lane within the Senseny Road right-of-way. Staff Note: The applicant has proffered to dedicate right -of -wiry sufficient to provide for 45 feet from the existing Senseny Road centerline. This project should be implementing the Senseny Road expansion plaits (proposed four lanes), including construction of the additional lane and curb and gutter along the frontage of their site. The inclusion of the right turn taper lane should be in addition and outside of the road expansion area. This rezoning has not addressed this improvement. Transportation Program. The applicant will be constructing a new street to provide access to the fourteen lot subdivision which will traverse through the center of the subject site. The location of the access point onto Senseny Road is approximately two hundred feet from the closest road, Parkwood Drive. Also provided by the applicant in the proffer statement is a commitment to provide a monetary contribution in the amount of $1,000.00 per residential lot to address transportation general needs in the vicinity of this project. Staff Note: It is noted that recent single family rezonings in this area have provided a transportation proffer of $5, 000 per dwelling unit (Senseny Road Rentals, Senseny Village) to help with road improvements as well as a proffer to construct the Senseny Road expansions on their property (Orrick, Senseny Road Rentals). This rezoning proposal has not addressed the transportation impact similar to other recent rezonings. Recent projects along Senseny Road have proposed the construction of additional lanes along Senseny Road as well as the implementation of a ten foot wide hiker/biker trail along the north side of Senseny Road. This approach should be a consistent consideration as projects are proposed along the Senseny Road corridor. While this project has reserved the right-of-way for Senseny Road, it has not proffered to construct the road improvements (improvements to be completed by others) and has not proposed the inclusion of a ten foot path as requested. Staff Note: This project also does not provide an interparcel connection to the adjacent 0 • Rezoning 81 1-06 — Abram's Chase September 5, 2006 Page 6 Staff Note: This project also does not provide an interparcel connection to the adjacent property to the west which could facilitate additional entrances onto Senseny Road should those parcels choose to redevelop in the future. The cul-de-sac associated with this project should stub out to the western lot or a connection from this road should be provided B. Sewer and Water Presently sewer service is available via an eight inch main that is located along the northern portion of the subject site. This sewer line will direct effluent from the Abram's Chase Subdivision to the new Frederick County Sanitation Authority regional pump that will convey effluent to the Opequon Wastewater Treatment Plant. The proposed 14 lot development would add approximately 3,100 gallons per day to the public sewer conveyance system, increasing the demand at the Opequon Plant by 0.15%. Water supply will be provided by way of an eight inch water line along the north side of Senseny Road that adjoins the subject site. Potable water is provided to this area of Senseny Road tluough a series of water transmission lines whose source is the Stephens City quarry system. Water demand of this project is estimated to be 3,850 gallons per day. C. Community Facilities The Frederick County Development Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building have been calculated and provided to the applicant for their consideration. The impacts associated with entirely residential projects are fixed at $23,290.00 for single family detached residential dwellings. This application addresses community facility impacts and needs by proffering a payment in the amount of $23,290.00 per residential unit to mitigate the impact to the identified community facilities. For your information, the following is the breakdown of the projected impacts per dwelling unit for each capital facility taken from the Development Impact Model. Capital facility Single Family Fire and Rescue $720 General Government $320 Public Safety $658 Library $267 Parks and Recreation $2,136 School Construction $19,189 Total $23,290 0 Rezoning # 1 1-06 — Abram's Chase September 5, 2006 Page 7 5) Proffer Statement — Dated March 1, 2006 and Revised August 21, 2006 A) Generalized Development Plan The applicant has proffered to develop the property in substantial conformance with the GDP provided in the rezoning application. B) Residential Land Use The applicant proffers to develop a maximum of 14 single family detached residential units on small lots. Staff Note: With the single family small lot designation, this projecl could develop lots as small as 3, 750 square feet. C) Recreational Amenities The applicant proffers to develop a community recreational area that will be located as shown on the GDP. This area will contain tot lot equipment valued at a minimum of $35,000, park benches, and an asphalt pedestrian walkway. The recreational amenities provided with this proffer are in -lieu of a community center building if waived by the Board of Supervisors. Staff Note: As stated in the last sentence of the proffer, in order to implement this proffer, the applicant would need to apply for and receive a waiver of the community center requirementfor single family small lot developments per §165-64A(1) of the Frederick County Zoning Ordinance. Tluis waiver would need to be sought duuriuug Master Development stage. Staff Note: The $35,000 amoruit included in the proffer is tlue prorated (unounut for the community center should the Board of Supervisors waive the recreational community center and allow the applicant to prorate the requirement of three recreational units for each 30 dwellings. If the waiver is not granted by the Board, the applicant would be required to provide a community center. The inclusion of this proffer is not appropriate since it is limiting the dollar amount of the recreational unit (if the project is not built immediately the dollar amount per recreational unit is limited, even if the recreational unit amount increases per county requirements). It seems inappropriate to discuss recreational values at this point since the community center is not permitted for consideration until the MDP phase. D) Transporlation Enhancements 1. The applicant will construct a right -turn and taper lane within the public right-of- way that connects Parkwood Drive to the cul-de-sac serving the property. This improvement shall be bonded and constructed concurrently with the internal cul-de- sac serving the property. Rezoning # 1 1-06 — Abram's Chase September 5, 2006 Page 8 2. The applicant will dedicate right-of-way sufficient to provide for 45 feet from the existing Senseny Road centerline of record to allow for future road improvements by others. 3. The applicant proffers to provide $1,000 for each residential lot that will be paid to Frederick County at the time of building permit issuance. This monetary contribution is available to Frederick County to be used towards future improvements to the Senseny Road corridor. Staff Note: It is noted that recent single family 1•ezonings in this al -ea have provided a b alrspol trrtion pi-offi�r of $5, 000 pel• divelling unit (Senseny Road Rentals, Senseny Village) to help with road inlpi'OVC'n1L'I1tS as Well as a pl'Offel' to const1'rrct the Senseny Road expansions on their property (Oi-Hck, Senseny Road Rentals). E) Monetary Contribution A monetary contribution in the amount of $23,290.00 to Frederick County, to be provided at the time each residential lot is platted, is proffered in an effort to mitigate the impacts associated with this development on community facilities. 6) Waivers The applicant has requested that the Board of Supervisors provide this development with a waiver of the community center requirement for single family small lot developments in accordance with § 165-64A(1) of the Frederick County Zoning Ordinance. This section of the ordinance allows the Board of Supervisors to waive the community center requirement in single family small lot subdivisions that contain less than 25 lots. STAFF CONCLUSIONS FOR 09/20/06 PLANNING COMMISSION MEETING: While the land use proposed in this application is generally consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan, this application fails to address and mitigate various issues of transportation and recreation. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the goals of the County. Specifically, this applicant has not addressed the Senseny Road improvements, the construction of a bike/pedestrian facility and the recreational requirements of this development. The applicant should be prepared to address theses issues. Please note that two recommendations are required for this application, one for the waiver and one for the rezoning. 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 Planning Commission. HARVEST PROPERTIES, INC. "PROJECT ACCOUNT" 320 HANDLEY BLVD. WINCHESTER,VA 22601 68-5321 �5a-: 514 THE MARATHON BANK -v �•-. PO. Bo, 78, Steplie Ci V inia 22655 1160000 L L 7 21" i:05L405324o: LL49748111L2 ABRAM' S CHASE REZONING APPLICATION Red Bud Magisterial District Frederick County, Virginia TM 65-((A))-27A & 65-((A))-28A 3.25± Acres August 25, 2006 Current Owner: HARVEST COMMUNITIES, INC. Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 Telephone 540-662-4185 Engineers FAX 540-722-9528 Surveyors www.greenwayeng.corn L� 0 Rezoning Application - Location Map Application Review Fee Special Limited Power of Attorney Agreement • .w AMENDMENT Action: PLANNING COMMISSION: December 20, 2006 - Recommended Approval BOARD OF SUPERVISORS: January 10, 2007 �❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 11-06 OF ABRAM' S CHASE WHEREAS, Rezoning 911-06 of Abram's Chase, submitted by Greenway Engineering, to rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for 13 single family homes on small lots, was considered. The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision in the Red Bud Magisterial District, and is identified by Property Identification Numbers 65-A-27A and 65-A-28A. WHEREAS, the Planning Commission held a public hearing on this rezoning on September 20, 2006, and recommended approval at a public meeting on December 20, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 10, 2007; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for 13 single family homes on small lots, 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 #01-07 E 0 This ordinance shall be in effect on the date of adoption. Passed this 1 Oth day of January, 2007 by the following recorded vote: Richard C. Shickle, Chairman Nay_ Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST 1111-14 Jolm R.!P' !Pe , Jr. Frederick County Administrator PDRes #01-07 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 Revised January 11, 2007 ABRAM'S CHASE PROFFER STATEMENT REZONING: RZ# 11-06 RA, Rural Areas District to RP, Residential Performance District PROPERTIES: 3.25±-acres Tax Parcels 65-((A))-27A & 65-((A))-28A RECORD OWNERS: Harvest Communities, Inc. APPLICANT: Harvest Communities, Inc. PROJECT NAME: Abram's Chase Subdivision ORIGINAL DATE OF PROFFERS: March 1, 2006 REVISION DATE: January 11, 2007 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Harvest Communities, Inc., (the "Applicant") hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #11-06 for the rezoning of 3.25±- acres (the "Property") from the RA, Rural Area District to RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or. assigns. The subject Property, identified as the Abram's Chase Subdivision, and more particularly described as the lands owned by Harvest Communities, Inc., being all of Tax Map Parcels 65-((A))-27A and 65-((A))-28A, recorded as Instrument Number 050028946, and further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L.S., of Dove & Associates, recorded as Deed Book 910, Page 381. File #4545H/EAW 1 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 Revised January 11, 2007 A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") dated November 2006 that will be approved as part of the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road (Route 657), the 10-foot bicycle/pedestrian facility, the internal road system with inter -parcel connectivity, the general location of residential lots and the open space/buffer areas. B. Residential Land Use The Applicant hereby proffers to develop a maximum of 13 single-family small lot detached residential dwelling units. C. Transportation Enhancements 1. The Applicant hereby proffers to construct an internal public street with a temporary turnaround that will be designed to provide for inter -parcel connectivity to Tax Map Parcel 65-((A))-25B. 2. The Applicant hereby proffers to construct a new westbound travel lane on Senseny Road (Route 657) that is 12-feet in width and is located along the Property frontage within the public right-of-way. The new westbound travel lane shall be designed to connect Parkwood Drive to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 3. The Applicant hereby proffers to construct a right turn and taper lane within the public right-of-way to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 4. The Applicant hereby proffers to dedicate right-of-way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record. This right-of-way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the residential lots and internal public street system serving the Property. File #4545H/EAW 2 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 Revised January 11, 2007 5. The Applicant hereby proffers to construct a 10-foot asphalt bicycle/pedestrian facility along the entire frontage of the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 6. The Applicant hereby proffers to provide for a curb cut along the internal public street serving the Property to allow for ingress/egress for Tax Map Parcel 65- ((A))-26A. The Applicant shall establish an ingress/egress easement for the benefit of Tax Map Parcel 65-((A))-26A that shall be incorporated into the final plat and deed for the Abram's Chase Subdivision. Additionally, an easement shall be provided at this general location for the benefit of Tax Map Parcel 65- ((A))-26A to allow for public water and sewer connections to the Abram's Chase public water and sewer lines at the expense of others. 7. The Applicant hereby proffers to provide a monetary contribution of $1,000.00 for each residential lot to be used towards future improvements to the Senseny Road corridor. This monetary contribution will be paid to Frederick County at the time of building permit issuance for each residential lot. D. Monetary Contribution to Offset Impact of Development The Applicant will pay to the Treasurer of Frederick County, Virginia $23,290.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of the building permit issuance for each residential lot and is to be distributed in the amounts as follows: Fire and Rescue $ 720.00 General Government $ 320.00 Public Safety $ 658.00 Library $ 267.00 Parks and Recreation $ 2,136.00 School Construction $19,189.00 File #4545H/EAW 3 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 Revised January 11, 2007 E. Sil4nature The conditions proffered above shall be binding upon the Applicant and its assigns and successors in interest. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Ordinance. Respectfully Submitted: By:�— Stuart Butler, President Harvest Communities, Inc. Commonwealth of Virginia, Cit /County f Fr ecjeric: — To Wit: The foregoing instrument was acknowledged before me this Z day of 'J" o-Trl i _ 200-7 by S+cr-xr-f fbu -i,f-,r, P�-et3 G{e,n+ 0,",— '-',g / l UL/l-&r Notary Public My Commission Expires R b V0a-,,2t Zq, ZW File #4545H/EAW 4 Greenway Engineering • March 1, 2006 • Abram's Chase Rezoning I Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 ABRAM'S CHASE PROFFER STATEMENT REZONING: RZ# 11-06 RA, Rural Areas District to RP, Residential Performance District PROPERTIES: 3.25±-acres Tax Parcels 65-((A))-27A & 65-((A))-28A RECORD OWNERS: Harvest Communities, Inc. APPLICANT: Harvest Communities, Inc. PROJECT NAME: Abram's Chase Subdivision ORIGINAL DATE OF PROFFERS: March 1, 2006 REVISION DATE: December 21, 2006 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Harvest Communities, Inc., (the "Applicant") hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #11-06 for the rezoning of 3.25±- acres (the "Property") from the RA, Rural Area District to RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject Property, identified as the Abram's Chase Subdivision, and more particularly described as the lands owned by Harvest Communities, Inc., being all of Tax Map Parcels 65-((A))-27A and 65-((A))-28A, recorded as Instrument Number 050028946, and further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L.S., of Dove & Associates, recorded as Deed Book 910, Page 381. Pile #4545H/EAW Greenway Engineering • March 1, 2006 • Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") dated November 2006 that will be approved as part of the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road (Route 657), the 10-foot bicycle/pedestrian facility, the internal road system with inter -parcel connectivity, the general location of residential lots and the open space/buffer areas. B. Residential Land Use The Applicant hereby proffers to develop a maximum of 13 single-family small lot detached residential dwelling units. C. Transportation Enhancements 1. The Applicant hereby proffers to construct an internal public street with a temporary turnaround that will be designed to provide for inter -parcel connectivity to Tax Map Parcel 65-((A))-25B. 2. The Applicant hereby proffers to construct a new westbound travel lane on Senseny Road (Route 657) that is 12-feet in width and is located along the Property frontage within the public right-of-way. The new westbound travel lane shall be designed to connect Parkwood Drive to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 3. The Applicant hereby proffers to construct a right turn and taper lane within the public right-of-way to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 4. The Applicant hereby proffers to dedicate right-of-way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record. This right-of-way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the residential lots and internal public street system serving the Property. File #4545H/EAW 2 • Greenway Engineering • March 1, 2006 • Abram's Chase Rezoning Revised August 21, 2006 1 Revised November 6, 2006 Revised December 21, 2006 5. The Applicant hereby proffers to construct a 10-foot asphalt bicycle/pedestrian facility along the entire frontage of the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 6. The Applicant hereby proffers to provide for a curb cut along the internal public street serving the Property to allow for ingress/egress for Tax Map Parcel 65- ((A))-26A. The Applicant shall establish an ingress/egress easement for the benefit of Tax Map Parcel 65-((A))-26A that shall be incorporated into the final plat and deed for the Abram's Chase Subdivision. Additionally, an easement shall be provided at this general location for the benefit of Tax Map Parcel 65- ((A))-26A to allow for public water and sewer connections to the Abram's Chase public water and sewer lines at the expense of others. D. Monetary Contribution to Offset Impact of Development The Applicant will pay to the Treasurer of Frederick County, Virginia $23,290.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of the building permit issuance for each residential lot and is to be distributed in the amounts as follows: Fire and Rescue $ 720.00 General Government $ 320.00 Public Safety $ 658.00 Library $ 267.00 Parks and Recreation $ 2,136.00 School Construction $19,189.00 File #4545H/EAW 3 Greenway Engineering • March 1, 2006 • Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 E. Sisnature The conditions proffered above shall be binding upon the Applicant and its assigns and successors in interest. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Ordinance. Respectfully Submitted: By: Stuart Butler, President Harvest Communities, Inc. Commonwealth of Virginia, Cit /County f �I-eAP_v'(,CkL To Wit: l*Date The foregoing instrument was acknowledged before me this ZZVIC�day of l' ee i'yt 6 v- 200�, by 64uccr+ —6l)4ler, are5lrei+ Q,l.,fcQ� -g• ! ,— L, Notary Public My Commission Expires j, b w%u.aj 2q, W68 He #4545H/EAW 4 GREENWAY ENGINEERING 151 Windy Hill lane Winchester, Virginia 22602 Founded in 1971 December 1, 2006 Frederick County Planning Department Attn: Candice Perkins, AICP 107 North Kent Street Winchester, VA 22601 RE: Abram's Chase Rezoning Application Dear Candice: DEC 1 The Planning Commission tabled the proposed rezoning application for the Abram's Chase Subdivision on September 20, 2006 to allow the applicant an opportunity to address the concerns presented by staff. These concerns included the need for the development to provide for state street connectivity to the west, the need for improvements to Senseny Road (Route 657), the need to provide for a bicycle and pedestrian facility and concerns with a proposal to waive the community center requirement during the rezoning process. The following revisions have been made to the Abram's Chase Proffer Statement in an attempt to address these concerns: ➢ Proffer A provides for a new Generalized Development Plan design layout that includes state street connectivity to the west, a new travel lane on Senseny Road that connects to Parkwood Circle, a turn lane into the project, a 10-foot bicycle and pedestrian facility, an ingress/egress easement for the adjoining property and eliminates the recreational area. ➢ Proffer B reduces the total number of residential lots from 14 single-family small lots to 13 single-family small lots. ➢ Proffer C(1) provides for the continuation of the public street system to allow for inter -parcel connectivity to the adjoining parcel to the west. ➢ Proffer C(2) provides for the development of an additional 12-foot westbound travel lane on Senseny Road along the frontage of the project. ➢ Proffer C(5) provides for the development of a 10-foot asphalt bicycle and pedestrian facility along the entire frontage of the project. ➢ Proffer C(6) provides for a curb cut and ingress/egress easement that will allow for the adjacent small parcel to access the internal public street in the project. ➢ Proffer D maintains the monetary contribution recommended by the County's Development Impact Model when the rezoning application was filed. ➢ The former proffer pertaining to the community center waiver and proposed recreational values has been eliminated. Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 File #4545H/EAW www.greenwayeng.com 0 Please find attached a new Proffer Statement that has been signed by the property owner and notarized, as well as a new Generalized Development Plan for the Abram's Chase Subdivision. Please reschedule this rezoning application for the December 20, 2006 Planning Commission agenda for consideration of this new development program. Thank you for your assistance with this development proposal. Sincerely, W -- ) van W Catt, AICP Greenway Engineering Cc: Stuart Butler, Harvest Communities, Inc. Pile 1145451 VGAW 2 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 ABRAM'S CHASE PROFFER STATEMENT REZONING: RZ# 11-06 RA, Rural Areas District to RP, Residential Performance District PROPERTIES: 3.25±-acres Tax Parcels 65-((A))-27A & 65-((A))-28A RECORD OWNERS: Harvest Communities, Inc. APPLICANT: Harvest Communities, Inc. PROJECT NAME: Abram's Chase Subdivision ORIGINAL DATE OF PROFFERS: March 1, 2006 REVISION DATE: November 6, 2006 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Harvest Communities, Inc., (the "Applicant") hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #11-06 for the rezoning of 3.25±- acres (the "Property") from the RA, Rural Area District to RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject Property, identified as the Abram's Chase Subdivision, and more particularly described as the lands owned by Harvest Communities, Inc., being all of Tax Map Parcels 65-((A))-27A and 65-((A))-28A, recorded as Instrument Number 050028946, and further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L.S., of Dove & Associates, recorded as Deed Book 910, Page 381. File #4545WEAW • • Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") dated November 2006 that will be approved as part of the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road (Route 657), the 10-foot bicycle/pedestrian facility, the internal road system with inter -parcel connectivity, the general location of residential lots and the open space/buffer areas. B. Residential Land Use The Applicant hereby proffers to develop a maximum of 13 single-family small lot detached residential dwelling units. C. Transportation Enhancements 1. The Applicant hereby proffers to construct an internal public street with a temporary turnaround that will be designed to provide for inter -parcel connectivity to Tax Map Parcel 65-((A))-25B. 2. The Applicant hereby proffers to construct a new westbound travel lane on Senseny Road (Route 657) that is 12-feet in width and is located along the Property frontage within the public right-of-way. The new westbound travel lane shall be designed to connect Parkwood Drive to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 3. The Applicant hereby proffers to construct a right turn and taper lane within the public right-of-way to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 4. The Applicant hereby proffers to dedicate right-of-way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record. This right-of-way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the residential lots and internal public street system serving the Property. File #4545H/EAW 2 ♦ 1 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 5. The Applicant hereby proffers to construct a 10-foot asphalt bicycle/pedestrian facility along the entire frontage of the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 6. The Applicant hereby proffers to provide for a curb cut along the internal public street serving the Property to allow for ingress/egress for Tax Map Parcel 65- ((A))-26A. The Applicant shall establish an ingress/egress easement for the benefit of Tax Map Parcel 65-((A))-26A that shall be incorporated into the final plat and deed for the Abram's Chase Subdivision. D. Monetary Contribution to Offset Impact of Development The Applicant will pay to the Treasurer of Frederick County, Virginia $23,290.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of the building permit issuance for each residential lot and is to be distributed in the amounts as follows: Fire and Rescue $ 720.00 General Government $ 320.00 Public Safety $ 658.00 Library $ 267.00 Parks and Recreation $ 2,136.00 School Construction $19,189.00 File #4545H/EAW 3 • 0 Greenway Engineering E. Sil4nature March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Abram's Chase Rezoning The conditions proffered above shall be binding upon the Applicant and its assigns and successors in interest. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Ordinance. Respectfully Submitted: By: Stuart Butler, President Harvest Communities, Inc. Commonwealth of Virginia, City/County of L(e C6 To Wit: Ea The foregoing instrument was acknowledged before me this �� day of 1y0\-U D r 20U Q by 61-UCI + L . b- , C --- - — Notary Public My Commission Expires 012)1I 'H)� I LL File #4545H/EAW 4 Greenway Engineering • March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 ABRAM'S CHASE PROFFER STATEMENT REZONING: RZ# 11-06 RA, Rural Areas District to RP, Residential Performance District PROPERTIES: 3.25±-acres Tax Parcels 65-((A))-27A & 65-((A))-28A RECORD OWNERS: Harvest Communities, Inc. APPLICANT: Harvest Communities, Inc. PROJECT NAME: Abram's Chase Subdivision ORIGINAL DATE OF PROFFERS: March 1, 2006 REVISION DATE: December 21, 2006 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Harvest Communities, Inc., (the "Applicant") hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #11-06 for the rezoning of 3.25±- acres (the "Property") from the RA, Rural Area District to RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject Property, identified as the Abram's Chase Subdivision, and more particularly described as the lands owned by Harvest Communities, Inc., being all of Tax Map Parcels 65-((A))-27A and 65-((A))-28A, recorded as Instrument Number 050028946, and further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L.S., of Dove & Associates, recorded as Deed Book 910, Page 381. Pile #4545HBAW Greenway Engineering March I, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") dated November 2006 that will be approved as part of the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road (Route 657), the 10-foot bicycle/pedestrian facility, the internal road system with inter -parcel connectivity, the general location of residential lots and the open space/buffer areas. B. Residential Land Use The Applicant hereby proffers to develop a maximum of 13 single-family small lot detached residential dwelling units. C. Transportation Enhancements 1. The Applicant hereby proffers to construct an internal public street with a temporary turnaround that will be designed to provide for inter -parcel connectivity to Tax Map Parcel 65-((A))-25B. 2. The Applicant hereby proffers to construct a new westbound travel lane on Senseny Road (Route 657) that is 12-feet in width and is located along the Property frontage within the public right-of-way. The new westbound travel lane shall be designed to connect Parkwood Drive to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 3. The Applicant hereby proffers to construct a right turn and taper lane within the public right-of-way to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 4. The Applicant hereby proffers to dedicate right-of-way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record. This right-of-way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the residential lots and internal public street system serving the Property. File #4545H/EAW 2 Greenway Engineering March I, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 5. The Applicant hereby proffers to construct a 10-foot asphalt bicycle/pedestrian facility along the entire frontage of the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 6. The Applicant hereby proffers to provide for a curb cut along the internal public street serving the Property to allow for ingress/egress for Tax Map Parcel 65- ((A))-26A. The Applicant shall establish an ingress/egress easement for the benefit of Tax Map Parcel 65-((A))-26A that shall be incorporated into the final plat and deed for the Abram's Chase Subdivision. Additionally, an easement shall be provided at this general location for the benefit of Tax Map Parcel 65- ((A))-26A to allow for public water and sewer connections to the Abram's Chase public water and sewer lines at the expense of others. Monetary Contribution to Offset Impact of Development The Applicant will pay to the Treasurer of Frederick County, Virginia $23,290.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of the building permit issuance for each residential lot and is to be distributed in the amounts as follows: Fire and Rescue $ 720.00 General Government $ 320.00 Public Safety $ 658.00 Library $ 267.00 Parks and Recreation $ 2,136.00 School Construction $19,189.00 File #4545H/EAW 3 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 Revised December 21, 2006 E. Signature The conditions proffered above shall be binding upon the Applicant and its assigns and successors in interest. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Ordinance. Respectfully Submitted: By: Stuart Butler, President Harvest Communities, Inc. Commonwealth of Virginia, Cit /County of ' re-Je(r( cL To Wit: Date The foregoing instrument was acknowledged before me this day of De( .VA6,V- 20 O �, by 64 ur.,1r+ -604- (e r, PYes i de-vi+ Notary Public My Commission Expires ;o byuanj 261) W68 File #4545H/EAW 4 0 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 ABRAM'S CHASE PROFFER STATEMENT REZONING: RZ# 11-06 RA, Rural Areas District to RP, Residential Performance District PROPERTIES: 3.25±-acres Tax Parcels 65-((A))-27A & 65-((A))-28A RECORD OWNERS: Harvest Communities, Inc. APPLICANT: Harvest Communities, Inc. PROJECT NAME: Abram's Chase Subdivision ORIGINAL DATE OF PROFFERS: March 1, 2006 REVISION DATE: November 6, 2006 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Harvest Communities, Inc., (the "Applicant") hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #11-06 for the rezoning of 3.25±- acres (the "Property") from the RA, Rural Area District to RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject Property, identified as the Abram's Chase Subdivision, and more particularly described as the lands owned by Harvest Communities, Inc., being all of Tax Map Parcels 65-((A))-27A and 65-((A))-28A, recorded as Instrument Number 050028946, and further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L.S., of Dove & Associates, recorded as Deed Book 910, Page 381. File #4545H/EAW • • Greenway Engineering March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Abram's Chase Rezoning ABRAM'S CHASE PROFFER STATEMENT REZONING: PROPERTIES: RECORD OWNERS: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters RZ# 11-06 RA, Rural Areas District to RP, Residential Performance District 3.25±-acres Tax Parcels 65-((A))-27A & 65-((A))-28A Harvest Communities, Inc. Harvest Communities, Inc. Abram's Chase Subdivision March 1, 2006 November 6, 2006 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Harvest Communities, Inc., (the "Applicant") hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #11-06 for the rezoning of 3.25±- acres (the "Property") from the RA, Rural Area District to RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject Property, identified as the Abram's Chase Subdivision, and more particularly described as the lands owned by Harvest Communities, Inc., being all of Tax Map Parcels 65-((A))-27A and 65-((A))-28A, recorded as Instrument Number 050028946, and further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L.S., of Dove & Associates, recorded as Deed Book 910, Page 381. File #4545H/EAW Greenway Engineering • March 1, 2006 • Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") dated November 2006 that will be approved as part of the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road (Route 657), the 10-foot bicycle/pedestrian facility, the internal road system with inter -parcel connectivity, the general location of residential lots and the open space/buffer areas. B. Residential Land Use The Applicant hereby proffers to develop a maximum of 13 single-family small lot detached residential dwelling units. C. Transportation Enhancements 1. The Applicant hereby proffers to construct an internal public street with a temporary turnaround that will be designed to provide for inter -parcel comnectivity to Tax Map Parcel 65-((A))-25B. 2. The Applicant hereby proffers to construct a new westbound travel lane on Senseny Road (Route 657) that is 12-feet in width and is located along the Property frontage within the public right-of-way. The new westbound travel lane shall be designed to connect Parkwood Drive to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 3. The Applicant hereby proffers to construct a right turn and taper lane within the public right-of-way to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 4. The Applicant hereby proffers to dedicate right-of-way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record. This right-of-way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the residential lots and internal public street system serving the Property. File #4545H/EAW 2 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 5. The Applicant hereby proffers to construct a 10-foot asphalt bicycle/pedestrian facility along the entire frontage of the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 6. The Applicant hereby proffers to provide for a curb cut along the internal public street serving the Property to allow for ingress/egress for Tax Map Parcel 65- ((A))-26A. The Applicant shall establish an ingress/egress easement for the benefit of Tax Map Parcel 65-((A))-26A that shall be incorporated into the final plat and deed for the Abram's Chase Subdivision. D. Monetary Contribution to Offset Impact of Development The Applicant will pay to the Treasurer of Frederick County, Virginia $23,290.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of the building permit issuance for each residential lot and is to be distributed in the amounts as follows: Fire and Rescue $ 720.00 General Government $ 320.00 Public Safety $ 658.00 Library $ 267.00 Parks and Recreation $ 2,136.00 School Construction $19,189.00 File #4545H/EAW 3 0 Greenway Engineering E. Signature March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Abram's Chase Rezoning The conditions proffered above shall be binding upon the Applicant and its assigns and successors in interest. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Ordinance. Respectfully Submitted: By: Stuart Butler, President Harvest Communities, Inc. Commonwealth of Virginia, City/County of 1!- 1� C,t/� r t- To Wit: 4;DEt The foregoing instrument was acknowledged before me this 0day of Iy0i, MXr 20U 0 by 64-CCIrl- C - 6QU %C--------- Notary Public My Commission Expires CC� �r I CC File #4545H/EAW 4 0 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 Revised November 6, 2006 A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") dated November 2006 that will be approved as part of the rezoning application. The GDP shall identify the general location of the additional travel lane and turn lane on Senseny Road (Route 657), the 10-foot bicycle/pedestrian facility, the internal road system with inter -parcel connectivity, the general location of residential lots and the open spaceibuffer areas. B. Residential Land Use The Applicant hereby proffers to develop a maximum of 13 single-family small lot detached residential dwelling units. C. Transportation Enhancements 1. The Applicant hereby proffers to construct an internal public street with a temporary turnaround that will be designed to provide for inter -parcel connectivity to Tax Map Parcel 65-((A))-25B. 2. The Applicant hereby proffers to construct a new westbound travel lane on Senseny Road (Route 657) that is 12-feet in width and is located along the Property frontage within the public right-of-way. The new westbound travel lane shall be designed to connect Parkwood Drive to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 3. The Applicant hereby proffers to construct a right turn and taper lane within the public right-of-way to the entrance serving the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 4. The Applicant hereby proffers to dedicate right-of-way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record. This right-of-way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the residential lots and internal public street system serving the Property. File #4545H/EAW 2 0 Creenway Engineering March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 • Abram's Chase Rezoning 5. The Applicant hereby proffers to construct a 10-foot asphalt bicycle/pedestrian facility along the entire frontage of the Property. This improvement shall be bonded and constructed concurrently with the internal public street serving the Property. 6. The Applicant hereby proffers to provide for a curb cut along the internal public street serving the Property to allow for ingress/egress for Tax Map Parcel 65- ((A))-26A. The Applicant shall establish an ingress/egress easement for the benefit of Tax Map Parcel 65-((A))-26A that shall be incorporated into the final plat and deed for the Abram's Chase Subdivision. D. Monetary Contribution to Offset Impact of Development The Applicant will pay to the Treasurer of Frederick County, Virginia $23,290.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of the building permit issuance for each residential lot and is to be distributed in the amounts as follows: Fire and Rescue $ 720.00 General Government $ 320.00 Public Safety $ 658.00 Library $ 267.00 Parks and Recreation $ 2,136.00 School Construction $19,189.00 File #4545H/EAW 3 U • Greenway Engineering E. Signature March 1, 2006 Revised August 21, 2006 Revised November 6, 2006 Abram's Chase Rezoning The conditions proffered above shall be binding upon the Applicant and its assigns and successors in interest. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Ordinance. Respectfully Submitted: By: Stuart Butler, President Harvest Communities, Inc. Commonwealth of Virginia, City/County of ReOe C�) To Wit: The foregoing instrument was acknowledged before me this .-day of 1 VoUn1xr 11,��i Notary Public My Commission Expires � )�� I �0 File #4545H/EAW CJ Proffer Statement • Greenway Engineering March I, 2006 Abram's Chase Rezoning Revised August 21, 2006 ABRAM'S CHASE PROFFER STATEMENT REZONING: RZ# //-0G RA, Rural Areas District to RP, Residential Performance District PROPERTIES: 3.25±-acres Tax Parcels 65-((A))-27A & 65-((A))-28A RECORD OWNERS: Harvest Communities, Inc. APPLICANT: Harvest Communities, Inc. PROJECT NAME: Abram's Chase Subdivision ORIGINAL DATE OF PROFFERS: March 1, 2006 REVISION DATE: August 21, 2006 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Harvest Communities, Inc., (the "Applicant") hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # !-ob for the rezoning of 3.25±- acres (the "Property") from the RA, Rural Area District to RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject Property, identified as the Abram's Chase Subdivision, and more particularly described as the lands owned by Harvest Communities, Inc., being all of Tax Map Parcels 65-((A))-27A and 65-((A))-28A, recorded as Instrument Number 050028946, and further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L.S., of Dove & Associates, recorded as Deed Book 910, Page 381. 4-Jl ` URM�''�'1d 1T File #4545H/EAW • • Greenway Engineering March I, 2006 Abram's Chase Rezoning Revised August 21, 2006 A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") dated March 2006 that will be approved as part of the rezoning application. The GDP shall identify the general location of the internal road system, the general location of residential lots and open space, the general location of the Senseny Road (Route 657) road efficiency buffer and the general location of the community recreational area and pedestrian inter -parcel connector. B. Residential Land Use The Applicant hereby proffers to develop a maximum of 14 single-family detached residential dwelling units on small lots. C. Recreational Amenities The Applicant hereby proffers to develop a community recreational area that will be located in the northwestern portion of the Property and will contain tot lot equipment valued at a minimum of $35,000.00, park benches, and an asphalt pedestrian walkway that will connect the internal sidewalk system to the community recreational area and will extend to the western property boundary. The recreational amenities proffer is intended to guarantee the community recreational facilities that will be provided in -lieu of a community center building if waived by the Frederick County Board of Supervisors. D. Transportation Enhancements 1. The Applicant hereby proffers to construct a right turn and taper lane within the public right-of-way that connects Parkwood Drive to the cul-de-sac serving the Property. This improvement shall be bonded and constructed concurrently with the internal cul-de-sac serving the Property. 2. The Applicant hereby proffers to dedicate right-of-way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record to allow for future road improvements by others. This right-of-way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the residential lots and internal public street system serving the Property. File k4545H/EAW 2 • Greenway Engineering March I, 2006 • Abram's Chase Rezoning Revised August 21, 2006 3. The Applicant hereby proffers to provide a monetary contribution of $1,000.00 for each residential lot that will be paid to Frederick County at the time of building permit issuance. This monetary contribution is available to Frederick County to be used towards future improvements to the Senseny Road corridor. E. Monetary Contribution to Offset Impact of Development The Applicant will pay to the Treasurer of Frederick County, Virginia $23,290.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of the building permit issuance for each residential lot and is to be distributed in the amounts as follows: Fire and Rescue $ 720.00 General Government $ 320.00 Public Safety $ 658.00 Library $ 267.00 Parks and Recreation $ 2,136.00 School Construction $19,189.00 File tt4545H/EAW 3 • • Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 F. Signature The conditions proffered above shall be binding upon the Applicant and its assigns and successors in interest. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Ordinance. Respectfully Submitted: By: Stuart Butler, President Harvest Communities, Inc. Commonwealth of Virginia, City/ ount of FrQ'�et� To Wit: The foregoing instrument was acknowledged before me this 20�1 day of Ate"+ 20o(o by S40CY-4-• 3u+ (e r Notary Public My Commission Expires 1-e lortX !2. Z9 , 2-608 POT CURRENT File N4545H/EAW MVYO ON YIY ��\ `\ \ � ♦ I — — - I / II i l - ``\ I 'A�` I 1 ) - 1 _i � �� /' � 11 \ `\T \� '. \ 6" AH O7N'JI a \ i.t / f' Yr 'I i I \ AO .l snx \ r — — — ,OOC Mah'41 =.a Ji _\�I, ` _, _ r - -/ _ ,; ��/� \\ \\ \\ \ V31JV 'M'O'U I I`_ UVd — _-- \ - 30VdS N3dO 2. \-- -- ---- Rf \\ -00 kx — r Z `\ N*VdS NsdO / \\ 09- o of ov - \ - ,,'`.\ .\\ `\\ \ .\ � -- -- -- -- -- vim\ i► �, \ \\\ \ \ M/a .OS 133U.LS onand q DVdS N3d0 uv *� ` \ \ \ \ \\ ` \ ` ` IVNOIIV3!l03tl \ 1 \ \ %d x A.LINpWWaJ 30tldS N3d0 11 \ / It I 10 'fie a Y/ \ ` \ ��\\ \\ \ \ 1 \ \ \\• 1 \ \ \ \\ \\ \\ \\ \ \ I \ /�+— // �\ \ \ \ \ elea 90OZ 'juawlieda(] SIE) eA 'Alunoo �ouapajj :aoinoS el > r- 10 91 -n sapepunog holed m CD m c vsms m C) > 00 x van E m m (A = x 0 C: 0 N Z vsms cn 0 Z > z M 000'Z 000 L 0 009 000 SIGOJed aseqo s,wejqV c C) G) G) > K o — co cn Cl) 0 m c m 0 Pug ali z m -j ;a D 5 m c m > Cf) G) X 5 z > z m van - vsAAs PU 11" A811PA Murphy Ct Son, _„y Rci a z W W z L? � n m a E 1/V w / /C, o � > m F- o zp Q Ef Z 0 U) Iwi ~ n Legend > Q o � o m z Q Abram's Chase Parcels w z LU ? w U)o U)o 5 ft. Contours <Q Y Z o W Streams Z m LU o o Q C� m wp M Lakes & Ponds Feet o �m m Z o LU 200 100 0 200 400 �� 4�m Q o g Parcel Boundaries w oC) LL Aap Data Source: Frederick County, Va. GIS Department, 2006 Data Map Data Source: Frederick County, Va. GIS Department, 2006 Data 2 Z Location and Zoning Map Q OG W �O O co D Z O Q NA SSA OR z O° ZIla n R GE RD 0O }Ov0 O��O E m U �q'S'?yS�gY �ooORo� GJP u S pOj0MPCP� `ILySWAY Q�O�GG an9y T Y L m co G133 rn A RO _ 121 m O 656 A � q A I� $ � o mrn v Ok/� o GOD WIN W STAFFORD DR a Y D Q �G �O� J CT Q W �F G� jP OO aQ O m 2 2 O v� J P of a z OQ O SESAR CT -o �JVICKMAN TER C� O z LU 657 GOB 2� M ONET a _ Cif P��\ O MURPHY CT �� TER o a leGREENWppp AVE WAYFARING OR w < Q�q OR Q2� GQ v~i a VAN GOUGH GLEN OR T ERO441 SENSENY 7,0`� p Q �v = p co DECK CT 9< P m Q <u W 2 U \\SENSENY w 2m o� co Q p RO o O co� a �O m m \ z = Q � m � o S� 3 ~ Z O Uj Q z tisy� �';61 r G cn z > ON U) (D w Q o Legend EoM o Nso N N114f,. R ~ m D co Q Abram's Chase Parcels ARE<N w z w z ui 0 w Parcel Boundaries Gl m c Q Q = U) O Ov 5 w Zoning m o U cn O Q Y z u- o o co B2 (Business. General District) o < Q O N m o RA (Rural Areas District) Feet Q� z_ Q z O W � o RP (Residential Performance District) 800 400 0 800 1,600 w � o o w w J Q � Map Data Source: Frederick County, Va. GIS Department, 2006 Data 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 April 12, 2006 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Preliminary Comments — Abrams Chase Rezoning Proposal Dear Evan: This correspondence is intended to identify issues of concern regarding the preliminary application materials for the Abrams Chase rezoning proposal. The preliminary application package, as submitted on March 21, 2006, consists of the following principal components: (1) Rezoning Application Form; (2) Impact Analysis Statement, dated March 1, 2006; (3) Proposed Proffer Statement dated March 1, 2006; and (4) Generalized Development Plan (GDP) dated March 2006. It is anticipated that these issues will be fully addressed through revisions to the application prior to its consideration by the Planning Commission and Board of Supervisors. The following comments are offered for your records: Impact Statement - A. Introduction The housing type being proposed with this application is single farnily small lot which is intended to be marketed as a "starter home community". This starter home community reference is only mentioned in the first paragraph of the impact statement. It is unclear how this development will be affordable by first time home buyers. B. Comprehensive Policy lan The site is not within the limits of any small area plans in the Comprehensive Policy Plan; however, the Eastern Frederick County Long Range Land Use Plan identifies the entire Senseny Road corridor for residential uses. B. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road as an improved major collector. 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 i APR :l L 2006fil 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 1y P�4v. ) N _ .i 0 0 Mr. Evan Wyatt, Greenway Engineering RE: Abrams Chase April 12, 2006 Page 2 application addresses expansion plans for these roads and that all road improvements, especially turn lanes, respect the long-term road center line. Since Senseny Road is designated as a major collector road, it requires 200' entrance spacing from all driveways and intersections. While it appears that the entrance spacing is met from Parkwood Circle, the spacing is not being met off of the adjacent residential driveways. A waiver from the Planning Commission would be required to reduce the required entrance spacing. Proffer Statement A. Generalized Development Plan The GDP submitted with the impact statement does not account for any of the residential separation buffers required on the site. The GDP does not accommodate a location for the required community center, which is required for single family small lot subdivisions. B. Recreational Amenities The proffer states that this project will contain a tot lot, park benches and an asphalt pedestrian walkway that will connect the internal sidewalk system to the community recreational area. These amenities are intended to be in -lieu of the community center that is required by ordinance. This development is not proffered age restricted and currently does not qualify for any waivers. A ten foot asphalt hiker biker path is being provided by other developments along Senseny Road and should also be provided with this development. C. Transportation Enhancements A right turn and taper is going to be installed; the proffer needs to include when this will be installed (prior to the first building permit). Also, state that the road within the development will be a public road dedicated to VDOT. The proffer states that the applicant will dedicate right-of-way sufficient "to provide for 45 feet from the existing Senseny Road (Route 657) centerline to allow for future road improvements by others". The applicant will need to verify with county staff and VDOT that there will be sufficient right-of-way to accommodate long range road plans. The exact amount of dedicated right-of-way needs to be provided along with a guarantee that this site will construct its portion of the planned improvements. Mr. Evan Wyatt, Greenway Engineering RE: Abrams Chase April 12, 2006 Page 3 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 $3,325.00 is due upon submission of the official rezoning application. This is based on fees as of January 27, 2005. Fees may change. This application will be complete once the above issues are satisfactorily addressed, a review fee is submitted and all reviewing agency comments provided. Reviewing agencies include the following: Frederick County Fire Marshal and the local fire company, Frederick County Inspections, Frederick County Public Works, Frederick County Parks & Recreation, Frederick County Sanitation Authority, Frederick County Service Authority, Frederick County HRAB, Virginia Department of Transportation, and the Frederick County Attorneys Office. Please feel free to contact me should you have any questions or concerns regarding this correspondence. Sincerely, Candice E. Perkins Planner II CEM/bad cc: Harvest Communities, Inc., Attn: Stuart Butler, 147 Creekside Lane, Winchester, VA 22602 r r • Rezoning Comments 1111<p!'illill'!y!!}llfl�fli%!LllilI ii!!!!1lLllLliiilllll!►.ILII!!!illl}Illl1}IIIIIl!i11111111flllilillllllllllllllllll}!!fllillf} i(?i(1':!!11lI!{!!!{IIIW'i;1l11!}i!'{!{V}u !1! I!IIiG 1111!ii(;!!!!!1(lll Ilill}F}uilll}}IIIII Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, VA 22603 (540)-53501828 Telephone: 540-662-4185 Location of property: Fronting on the north side of Senseny Road (Route 657), adjacent to the Parkwood Manor Subdivision. Current zoning: RA District Zoning requested: RP District Acreage: 3.25 +/- Virginia Department of Transportation Comments: S , 20065. VDOT Signature & Date: Notice to VDOT — Please Return This Form to the Applicant 0 VDOT Rezoning Comment bram's Chase Subdivision . IV 4 0 Page I of I Evan Wyatt From: Ingram, Lloyd[Lloyd.ingram@VDOT.Virginia.gov] Sent: Tuesday, May 02, 2006 12:31 PM To: Evan Wyatt Cc: Ingram, Lloyd Subject: VDOT Rezoning Comments: Abram's Chase Subdivision The documentation within the application to rezone this property appears to have little measurable impact on Route 656. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Abram's Chase Subdivision Rezoning Application dated March 1, 2006 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. <<Comment Sheet.pdf>> Lloyd A. Ingram Transportation Engineer VDOT N Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) <<Impact Analysis Statement.pdf>> 5/2/2006 Control number RZ06-0004 Project Name Abram's Chase Subdivision Address 151 Windy Hill Ln. Type Application Rezoning Current Zoning RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Siamese Location Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed 3/16/2006 4/5/2006 Applicant Greenway Engineering City State Zip Winchester VA 22602 Date Revised Applicant Phone 540-662-4185 Tax ID Number Fire District Rescue District See application 18 18 Emergency Vehicle Access Comments Access Comments Additional Comments Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Roadway/Aisleway Width Election District Red Bud Residential Sprinkler System No Fire Lane Required No Special Hazards No r I'` APR 0 5 2006 Plan Approval Recommended Reviewed By Signature Yes J. Neal ----ftRE 1KAR:�AL, FR�UEt �OIA�1f Comments Fire and Rescue Company Name of Fire & Rescue Company: Company 18 Greenwood Volunteer Fire Company Address & Phone PO Box 3023 809 Greenwood Road VA 22604 540-667.9417 7 Applicant: Please fill out the information as accurately as possible in order to assist the Fire and Rescue Squad with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Mailing Address: Location of Property: Grecnway Engineering Telephone: 540-662-4185 151 Windy Hill Lane Winchester, VA 22602 Frontine on the north side of Sensenv Road (Route 657). adiacent to Parkwood Manor Subdivision. Current zoning: RA District Zoning requested-- RP District Acreage: 3.25 +/- Fire and Rescue Company's Comments: I' MAR 2 8 2006 Fire &. Rescue Comp y's Signature & Date: Notice to Fire & Rescue Company - Please Return This Form to the Applicant Td WdES :60 900E zE .add ZTb62.990VS : 'ON Y,Hd 1N3WiNUd3G EId I d GOOMN33NO : WMIA May 10, 2006 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Abram's Chase Subdivision Rezoning Frederick County, Virginia Dear Evan: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 We have completed our review of the rezoning application for the Abram's Chase Subdivision and offer the following comments: Refer to Wetlands, Page ?: A detailed wetlands delineation study will be required with the master development plan submittal. Refer to Site Drainage, Page 7: During the subdivision design phase, it will be necessary to route the 100-year storms through the existing drainage swales to determine the impact on the proposed development. Any stormwater ponds shall be constructed above the maximum 100- year storm level. Refer to Solid Waste Disposal, Page 7: The narrative references the close proximity to the Greenwood Citizens' Convenience Center. This site has been scheduled to be closed within the next two (2) years. Therefore, we recommend that curbside trash pickup be provided by the developer or Home Owners' Association. This requirement should be included in the analysis and proffer statement. I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely, 4-v Harvey trawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Planning and Development " MAY ) 0 "Cifih file CAProgram Files\"'ordPerfect Office 11\Rhonda\TEMPCOMMENTS\a bra m'schaserenom.wpd 107 North Kent Street 9 Winchester, Virginia 22601-5000 Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia, 22601 (540)665-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Fronting on the north side of Senseny Road (Route 657), adiacent to the Parkwood Manor Subdivision. Current zoning: RA District Zoning requested: RP District Acreage: 3.25 +/- Sanitation Authority Comments: 7MFF1L l S / !.! Af a vim TF, iti T.Efi 4 5F&FA r Y -r6 567A Y.E T70-11S 100�= d-(;VV rev Sanatation Authority Signature & Date: /;='/'' 7,41,44L Notice to Sanitation Authority`- Please Return This Form to the Applicant Lf5`F5 ff �,voa.n Rezoning Comments Frederick —Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick -Winchester Service Authority with their review. Attach a copy of your application form, location map, proffer statement, and any other pertinent information. Applicant's Name: Greenway En ineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Fronting on the north side of Senseny Road (Route 657). adjacent to the Parkwood Manor Subdivision. Current zoning: RA District Zoning requested: RP District Acreage: 3.25 +/- Fred-Winc Service Authority's Comments: Fred- Winc Service Authority's Signature & Date: 6114 Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant i i MAY °G 5 2006 j U Adam's Chase * As of this review, a minimum of three recreational units are required for this development. However, if a waiver is approved an appropriate value for recreational amenities must be determined. * The proposed asphalt walkway to adjacent property should meet Frederick County Standards. * Plan appears to offer the appropriate amount of open space. * The proposed monetary proffer for Parks and Recreation appears to address the impact Abram's Chase will have on this departments' capital facility needs. O� J s M. Doran 16iV6tor, Frederick County Parks and Recreation • ,4,,idCnLti ,9n Fy�f • C P F Administrative Assistant to the Superintendent Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Wyatt: Frederick County Public Schools Visit us at www.frederick.k12.va.us March 30, 2006 RE: Rezoning Comments for Abram's Chase Subdivision Project e-mail: kapocsis@frederick.k12.va.us This letter is in response to your request for comments regarding the rezoning application for the proposed Abram's Chase Subdivision project. Based on the information provided, it is anticipated that the proposed 14 single-family homes will yield 2 high school students, 2 middle school students, and 5 elementary school students for a total of 9 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. Even with only nine new students upon build -out, the cumulative impact of this project and others, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. Respectfully yours, i Stephen Kapocsi Administrative Assistant to the Superintendent SMK/dkr cc: William C. Dean, Ph.D., Superintendent of Schools S Al Omdorff, Assistant Superintendent for Administration I Charles Puglisi, Director of Transportation 4 �006 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 A 4&0. Rezoning Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant:- Please fill.oucthe information as accurately.as possible in,order to, assist the i - Winchester Regional Airport with their review.Attach a copy of your application form, location map; proffer statement, impact analysis, and any other pertinent information Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Fronting on the north side of Senseny Road (Route 657), adjacent to the Parkwood Manor Subdivision. Current zoning: RA District Zoning requested: RP District Acreage: 3.25 +/- Winchester Regional Airport's Comments: Winchester Regional Airport's Signature & Date: Rio Notice to Winchester Regional Airport — Please Return This Form to the Applicant 0 .,�Ak SERVING THE TOP OF VIRGINIA i WINCHESTER REGIONAL AIRPORT March 24, 2006 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Re: Rezoning Comments Abram's Chase Subdivision Redbud Magisterial District Dear Mr. Wyatt: The above referenced rezoning application 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. Residents should be forewarned that due to the proximity of the site to the Winchester Airport, they may experience noise from over flight of aircraft arriving to and departing from the airport from the northeast. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincereiy, Serena R. Manuel Executive Director MAR 2 7 2006 I! 3y--- 5 --j L tt, AICP ineering .l Lane A 22602 E COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 it for Historic Resources Advisory Board (HRAB) Comments is Chase Rezoning; PINS # 65-A-27A & 28A tt: of the proposed rezoning, it appears that the proposal does not significantly impact rces and it is not necessary to schedule a formal review of the rezoning application by according to the Rural Landmarks Survey, there are no significant historic structures properties nor are there any possible historic districts in the vicinity. It was also noted nal Park Service Study of Civil War Sites in the Shenandoah Valley does not identify efields that this proposed rezoning would directly impact. the chance to comment on this application. Please call if you have any questions or rkins 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFE55IONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) 7 6 307 EAST MARKET STREET 9 EAST BOSCAWEN STREET SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA O. LELAND MAHAN TELEPHONE 703-777-1050 TELEPHONE 540-662-3200 ROBERT T. MITCHELL, JR. FAX 540-662-4304 JAMES A. KLENKAR E-MAIL Iawyers@hallmonahan.com STEVEN F. JACKSON August 18, 2006 DENNIS J. MCLOUGHLIN, JR. HAND-DVLIVERED Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 Re: Abram's Chase (Harvest Communities, Inc.) Proffer Statement Dear Susan: AUG 1 8 2006 PLEASE REPLY TO: P. O. Box 848 WINCHESTER, VIRGINIA 22604-0848 I have reviewed the above -referenced Proffer Statement. It is my opinion that the 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. Proffer A provides that the property will developed in substantial conformity with the attached Generalized Development Plan ("GDP"). The GDP was not attached to the copy of the Proffer Statement provided to me. Therefore, this review is provided without a review of the GDP. 2. Proffer B limits the dwelling units to "14 single-family detached residential dwelling units on small lots." It is assumed that this is a reference to the "single-family small lot" type of development identified in Section 165-65 F of the Zoning Ordinance. 0 • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy August 18, 2006 Page 2 3. Proffer C proposes to provide tot lot equipment, park benches, and an asphalt pedestrian walkway as conununity recreational facilities in -lieu of a community center, if the conullunity center is waived by the Frederick County Board of Supervisors. However, my review of Section 165-64 (A)(1) indicates that the Board of Supervisors can waive the con-u-nunity center requirement of Section 165-64 (A) in proffered age -restricted single-family small lot subdivisions that contain less than 50 lots. However, there is nothing in the proffer provided to me to indicate that this development is to be an age -restricted development. Accordingly, I question whether the waiver provision applies, so as to permit the elimination of the community center for this small lot housing development. . 4. Proffers D(1) and D(2) provide for the construction of a right turn and taper lane and for the dedication of right of way. However, neither proffer establishes a timing requirement for the construction and dedication. A timing requirement satisfactory to the County should be included in each proffer. 5. In Proffer E the first clause is redundant and should be deleted. The proffer should continence as the other proffers have conunenced with the language "the Applicant will pay ..." 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. 9 • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy August 18, 2006 Page 3 If there are any questions concerning the foregoing comments, please contact me. Very truly yours, Robert T. Mitchell, Jr. RTM/ks 0 Review Agency Comments 0 • Grecnway Engineering March I, 2006 Revised May 19, 2006 ABRAM'S CHASE REZONING INTRODUCTION Abram's Chase Rezoning This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 3.25±-acre subject property identified as Abram's Chase and owned by Harvest Communities, Inc. The subject property consists of two contiguous parcels identified as Tax Map Parcel 65-((A))-27A containing 1.68±-acres and Tax Map Parcel 65-((A))-28A containing 1.57±-acres. The subject site is located on the north side of Senseny Road (Route 657), adjacent to the Parkwood Manor Subdivision. The Applicant proposes to conditionally rezone the 3.25±-acre subject site from RA, Rural Areas District to RP, Residential Performance District. The Applicant plans to develop the subject property as single-family detached residential housing on small lots. Basic information Location: Fronting on the north side of Senseny Road (Route 657), adjacent to the Parkwood Manor Subdivision. Magisterial District: Red Bud Property ID Numbers: 65-((A))-27A and 65-((A))-28A Current Zoning: RA, Rural Areas District Current Use: Residential Proposed Use: Residential, Single-family detached residential housing on small lots Proposed Zoning: RP, Residential Performance District Total rezoning area: 3.25±-acres Proposed build -out 14 Single-family detached residential units on small lots File 445451-1 Impact Statement/GAW 2 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised May 19, 2006 COMPREHENSIVE PLAN Urban Development Area The 3.25±-acre subject site is currently located within the Urban Development Area (UDA). The Comprehensive Policy Plan states that new suburban residential development will be located with the boundaries of the UDA. Therefore, the proposal to rezone the 3.25±-acre subject site to RP, Residential Performance District is in conformance with the Comprehensive Policy Plan. Sewer and Water Service Area The 3.25±-acre subject site is currently located within the Sewer and Water Service Area (SWSA). The Comprehensive Policy Plan identifies the SWSA as the area in which public water and sewer infrastructure is to be located, which determines where urban development will occur. Therefore, the proposal to rezone the 3.25±-acre subject site to RP, Residential Performance District is in conformance with the Comprehensive Policy Plan recommendations for water and sewer service. SUITABILITY OF THE SITE Access The 3.25±-acre subject site is located on the north side of Senseny Road (Route 657), approximately %2-mile east of the intersection of Senseny Road and Greenwood Road (Route 656). Senseny Road is identified as a major collector road and currently has one eastbound and one westbound travel lane. The Abram's Chase Subdivision will only have one connection to Senseny Road that will be located a minimum of 200 feet to the west of Parkwood Circle. The Applicant has conducted a site distance study that has been reviewed by the Virginia Department of Transportation (VDOT) to ensure that vehicles can safely access the Abram's Chase Subdivision from Senseny Road. All residential lots within the Abram's Chase Subdivision will be served by a state maintained street with sidewalks that is dedicated to VDOT. Flood Plains The 3.25±-acre subject site does not contain areas of floodplain as demonstrated on FEMA NFIP Map #510063-0120-13 and on the Frederick County GIS Database. The subject site is identified as a "Zone C" area of minimal flooding. Wetlands The 3.25±-acre subject site does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database. File 1145451-1 Impact StatemendEAW 3 0 • Greenway Engineering Soil Types March I, 2006 Revised May 19, 2006 Abram's Chase Rezoning The 3.25±-acre subject site contains two soil types as demonstrated by the Soil Survey of Frederick County, Virginia (page 36) and the Frederick County GIS Database. The following soil types are present on site: 9B Clearbrook Charmery Silt Loams 2-7% slope 41C Weikert-Becks Silt Loams 7-15% slope 41D Weikert-Becks Silt Loams 15-25% slope Table 5 on page 123 of the Soil Survey of Frederick County, Virginia does not designate either soil type found on the 3.25±-acre site as prime farmland soils. The soils types are generally classified as moderate for development purposes because of slope, depth to rock and wetness. These soils types are consistent with the soil types found in the Parkwood Manor, Lynnhaven, and Sovereign Village subdivisions surrounding the subject site; therefore, the soil types are suitable for residential development. Other Environmental Features The 3.25±-acre subject site does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. There are no environmental features present that create development constraints on the subject site. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: RP, Residential Performance District South: RA, Rural Areas District East: RP, Residential Performance District West: RA, Rural Areas District TRANSPORTATION Use: Lymihaven Subdivision Use: Agricultural Use: Parkwood Manor Subdivision Use: Residential The Abram's Chase Subdivision is proffered to be developed with a maximum of 14 single- family detached residential units on small lots. All vehicle trips associated with the residential lots will access Senseny Road (Route 657) at a single entrance point and will either travel west towards Greenwood Road (Route 656) to access Millwood Pike (Route 50 East) and the City of Winchester, or will travel east to access Berryville Pike (Route 7) to points east of Frederick County. Pile 945451-1 Impact StatemenUEAW 4 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised May 19, 2006 The Virginia Department of Transportation (VDOT) 2004 Annual Average Daily Traffic Volumes Estimates identify the segment of Senseny Road (Route 657) between Greenwood Road (Route 656) and Rossum Lane (Route 736) with an average volume of 5,500 vehicle trips per day (VPD). The ITE Trip Generation 7t" Edition identifies single-family detached housing (ITE 210) with an average rate of 9.57 VPD per household. Therefore, the proffered 14-lot single-family detached subdivision is anticipated to generate a maximum of 134 VPD. The 134 VPD represents an increase of approximately 2.5% of the 2004 average volume on Senseny Road and an increase of approximately 2.2% of the 2006 average volume on Senseny Road assuming a 5% annual increase in traffic volume on the segment. Assuming a 70% traffic split for vehicles traveling west and a 30% traffic split for vehicles traveling east, the Abram's Chase Subdivision will generate approximately 94 VPD that will travel towards Greenwood Road and the City of Winchester and will generate approximately 40 VPD that will travel to points east of Frederick County. A detailed traffic impact analysis statement (TIA) was prepared for the Senseny Village Subdivision, which was approved by Frederick County and VDOT in calendar year 2005. This TIA projected the impacts to the same segment of Senseny Road (Route 657) and the intersection of Senseny Road and Greenwood Road (Route 656) throughout the anticipated buildout year of 2010. The results of this TIA demonstrated that Senseny Road and the intersection of Senseny Road and Greenwood Road functioned at an acceptable level of service (LOS) throughout the buildout year under current geometric conditions. The Abram's Chase Subdivision will be built out in calendar year 2007, prior to the build out of the Senseny Village Subdivision; therefore, the current geometric conditions of this road segment and of the Senseny Road/Greenwood Road intersection will be able to accommodate this projected increase in average daily traffic volume. Furthermore, the Applicant's proffer statement provides a $1,000 per residential unit monetary contribution to the Frederick County General Transportation Fund that can be used unconditionally by the County towards road improvements. The 134 VPD associated with the Abram's Chase Subdivision will not create a negative impact to the transportation network and the Applicant's development proposal offers an additional revenue source to assist Frederick County and VDOT with road improvements. SEWAGE CONVEYANCE AND TREATMENT The 3.25±-acre subject site is located in the eastern portion of the Sewer and Water Service Area (SWSA). There is an existing Frederick County Sanitation Authority (FCSA) 8" sanitary sewer main and easement that is located along the northern portion of the subject site. This sewer line will direct effluent from the Abram's Chase Subdivision to the new Frederick County Sanitation Authority regional pump that will convey effluent to the Opequon Wastewater Treatment Plant (OWTP) located on Berryville Pike (Route 7). Impacts of the proposed rezoning on the sewage conveyance and treatment system are based on the proffered land use of 14 single-family detached dwelling units. Design figure estimates are based on 225 gallons per day (GPD) per single-family detached unit. File W451-1 Impact StatemenUEAW 0 • Greenway Engineering March I, 2006 Abram's Chase Rezoning Revised May 19, 2006 The figures below represent the impact that this project would have to the sewage conveyance system and treatment system at full build -out of 14 dwelling units: Q = 225 GPD per dwelling unit Q = 225 GPD X 14 dwelling units Q = 3,150 GPD The proposed zoning is estimated to add 3,150 gallons per day to the public sewage conveyance system and the Opequon Wastewater Treatment Plant (OWTP). The design capacity of the OWTP plant is currently 8.4 million gallons per day, of which the City and the County are currently utilizing approximately 6.4 million gallons per day. The total build - out of the Abram's Chase Subdivision would increase the treatment demands at the OWTP by approximately 0.15% of the current available capacity at the OWTP; therefore, adequate capacity, source and infrastructure is available to serve this development. WATER SUPPLY The 3.25±-acre subject site is located in the eastern portion of the Sewer and Water Service Area (SWSA). There is an existing Frederick County Sanitation Authority FCSA 8-inch water line along the north side of Senseny Road (Route 657) that adjoins the subject site and will be utilized to serve the project. Potable water is provided to this area of Senseny Road through a series of water transmission lines whose source is the Stephens City quarry system, which is treated at the James H. Diehl Water Filtration Plant. This treatment plant provides approximately 4.0 MGD of potable water and is expandable to treat 6.0 MGD. Impacts of the proposed rezoning on the water supply system are based on the proffered land use of 14 single-family detached dwelling units. Design figure estimates are based on 275 gallons per day (GPD) per single-family detached unit. The figures below represent the impact that this project would have to the water supply system at full build -out of 14 single- family residential dwelling units: Q = 275 GPD per dwelling unit Q = 275 GPD x 14 dwelling units Q = 3,850 GPD The Abram's Chase Subdivision will utilize an estimated 3,850 gallons of water per day. Potable water is provided to this area of the SWSA through transmission from the Stephens City quarry system and through water purchased from the City of Winchester. The projected water usage at build -out is negligible. Therefore, adequate capacity, source and infrastructure are available for this subdivision. File 94545I-I Impact StatemenUEAW • Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised May 19, 2006 SITE DRAINAGE The 3.25±-acre subject site has pronounced drainage swales along the northern property boundary and along the eastern property boundary. Stormwater flows from properties west of the subject site through the drainage swale along the northern property boundary, while properties on the south side of Senseny Road (Route 657) drain to a culvert system within the Senseny Road right-of-way that discharges to the drainage swale along the eastern property boundary. Stormwater leaves the subject site at the northeastern corner and flows through the Lynnhaven and Sovereign Village subdivisions to the twin lakes on the properties immediately to the east, ultimately draining to the Opequon Creek. On -site stormwater management is proposed in the northeastern portion of the subject site to control the increased run-off at or below pre -development rates, which will result from the development of this site. All storm water management measures will be designed to meet state and local standards and will be approved by the County Engineer. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual residential consumption of 5.4 cubic yards per household (Civil Engineering Reference Manual, 4"' edition). The following figures show the increase in average annual volume based on the 14 residential units that will be developed in the Abram's Chase Subdivision: AV = 5.4 cu. yd. per household AV = 5.4 cu. yd. x 14 dwellings AV = 75.6 cu. yd. at build -out, or 53 tons/yr at build -out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected build -out of the Abram's Chase Subdivision will generate approximately 53 tons of solid waste annually on average. This represents a 0.02% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. The Abram's Chase Subdivision is located within close proximity of the Regional Landfill and the Greenwood Citizen Convenience Center. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with the 14-lot subdivision. HISTORICAL SITES AND STRUCTURES The 3.25±-acre subject site does not contain structures that are deemed eligible for the national register or the state register of historic places. This site is not contained within any core battlefield area designed by the National Park Service Civil War Sites in the Shenandoah Valley or by the Frederick County GIS Database. The Frederick County Rural Landmarks Survey does not identify any structure on the property as potentially significant. Pile 94545H Impact Statement/EAW 0 Greenway Engineering March I, 2006 Abram's Chase Rezoning Revised May 19, 2006 The Frederick County Rural Landmarks Survey identifies the Greenwood School (#34-421) as a potentially significant structure within the closest proximity to the subject site. The Greenwood School is located approximately 2/3-mile to the west of the subject site; therefore, the development of the Abram's Chase Subdivision will not have any negative impact to cultural resources or to the viewshed of any significant historical structure or site. I. OTHER IMPACTS The Frederick County Development Impact Model (DIM) was formally adopted by the Frederick County Board of Supervisors in October 2005. The Board of Supervisors authorized the DIM to be applied to rezoning applications that were filed for consideration as of December 1, 2005. The new DIM assessment of Capital Facilities Impacts for single- family detached residential dwelling units is $23,290.00 per unit. The $23,290.00 impact per residential unit for Capital Facilities Impact is itemized as follows: Fire and Rescue $ 720.00 General Government $ 320.00 Public Safety $ 658.00 Library $ 267.00 Parks and Recreation $ 2,136.00 School Construction $19,189.00 The Applicant's proffer statement provides a monetary contribution of $23,290.00 for each residential dwelling unit that is to be paid to Frederick County at the time of building permit issuance. Therefore, the Abram's Chase Subdivision will completely mitigate the Capital Facilities Impacts to Frederick County for each residential dwelling unit prior to occupancy of the unit. No additional impacts to County capital facilities are anticipated by this residential development proposal. Pile 945451-1 Impact Statement/EAW 8 0 0 Impact Analysis Statement ■'. IMPACT ANALYSIS STATEMENT ABRAM' S CHASE REZONING Red Bud Magisterial District Frederick County, Virginia TM 65-((A))-27A & TM 65-((A))-28A aggregate area of 3.25± acres March 1, 2006 Revised May 19, 2006 Current Owner: Harvest Communities, Inc. Stuart Butler, President Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Pile 94545H lmpact StatemenUEAW ABRAM'S CHASE REZONING APPLICATION Red Bud Magisterial District Frederick County, Virginia TM 65-((A))-27A & 65-((A))-28A 3.25± Acres August 25, 2006 Current Owner: HARVEST COMMUNITIES, INC. Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 _ r N IN �fi 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 Telephone 540-662-4185 Engineers PAX 540-722-9528 Surveyors Vrww.greenwayeng.corri Rezoning Application - Location Map Application Review Fee 0 • • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Fee Amount Paid Zoning Amendment Number Date Receive PC Hearing Date BOS Hearing Date The following info7•mation 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: Greenway En ineering Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: Harvest Communities, Inc. Telephone: (540) 678-1462 Address: 147 Creekside Lane Winchester, VA 22602 3. Contact person if other than above Name: Evan Wyatt, AICP Telephone: (540) 662=4185 4. Checklist: Check the following items that have been included with this application. Location map Plat Deed to Property Verification of taxes paid X Agency Comments X Fees X Impact Analysis Statement X Proffer Statement X_ X X X • 5. The Code of Virizinia allows us to request full disclosure of ownership in relation to rezoning applications. C� 0 Please list below all owners or parties in interest of the land to be rezoned: Harvest Communities, Inc., Stuart Butler, President 6. A) Current Use of the Property: Residential B) Proposed Use of the Property: Residential 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 55K-1-1-24A Open Space RP 65-A-15 Agricultural RA 65-A-25B Residential RA 65-A-26A Residential RA 6513-9-7 Residential RP 6513-9-7A Residential RP 65B-9-8 Residential RP 65B-9-9 Residential RP 6513-9-10 Residential RP 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): Fronting on the north side of Senseny Road (Route 657), adjacent to the Parkwood Manor Subdivision. • • 0 Information to be Submitted for Cauital Facilities Imllact Model xx:o,. x,.., ._�-, In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number Magisterial: Fire Service: Rescue Service 10. 11 Red Bud Greenwood VFR Greenwood VFR ilictrirtc High School: Middle School: Elementary School Millbrook Admiral Byrd Senseny Road Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 3.25± RA District RP District 3.25± Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 14 Townhome: Non -Residential Lots: Mobile Home: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other Multi -Family Hotel Rooms: 0 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the P1arining Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): �j Ovlll` • Date: —W 7—I 1 G Owner (s): e: 0 RO R�OGE pL O1OMPC P w QSTAFFORD DR Y 656 m oG Location O�G� Op4O Q- O Ov J� O +00 4/4 yS 40 �qR wqy Ay m e�(iO 0 70 and Zoning Map A. o P� O �Q� O OOO G� ��G Ropy e� �G �OQ U m i NA 88.4 Z U pR Z O o 70 GODWIN CT QS i) ^ W W Z Z NJ ' v m� Z z' n W a y g o a � ,- a a P�O� �G�� Q O 2 I J� P A. a f- Z OP o p SESgR CT O WICKMAN TER � C� ? 657LLJ GOB \� Q m 2 MONET 2 �O v?� TER O p0co < le GREENWOOD AVE MURPHY CT OLU WAYFAR/ 2 OR a Q k�0 QQQ <gSgR NG OR 24t G� �� O� BAN GOUGH Q G�-O OR d`PO\GP TFR SENSENY O O O � O O O Op ~ � = O DECO L 9< APO O� Q �J Q0 m CT w CO O Q �J� O o SENSENY Rp W a O m CIO\ 2 Q coZ C) SG m Z z O C� Z U Q z z 0 FO v cn z O U) w o Legend EpMONSONCN O A N Abram's Chase Parcels (/�jp/R F<N W coo z w H > z v w w L) m � 0 D O m Parcel Boundaries m = U Q U z Zoning o v o CD cc B2 (Business, General District) 0 Q O o CO LU RA (Rural Areas District) Feet l � C0 Q z Z Q W 0 L U RP (Residential Performance District) 800 400 0 800 1,600 O w W (O C W w QQ o� Map Data Source: Frederick County, Va. GIS Department, 2006 Data • • • HARVEST PROPERTIES, INC. "PROJECT ACCOUNT" 320 HANDLEY BLVD. WINCHESTER, VA 22601 All ----------------------- THE MARATHON .� BANK u osrew rower_' 000001172113 i:0 5 L 40 5 3 2 40: 1172 68-5321 514 er LL4974811012 Power of Attorney Agreement • 0 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, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Harvest Communities, Inc. (Phone) (540) 678-1462 (Address) 147 Creekside Lane, Winchester, VA 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050028946 on Page and is described as Parcel: 65 Lot: 27A Block: A Section: Subdivision: Parcel: 65 Lot: 28A Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness there (vY avetoos m o r) hand and seal this 2-64h day of f 200 (v State of Virginia, City/(Si of Frederick, To -wit: I, Donna L. Meliso, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknow ged the same before me iin� the jurisdiction aforesaid this2!54i day of &&L1; 200 �, My Commission Expires: February 29.2008 Notary Public 0 Impact Analysis Statement • E 0 0 • IMPACT ANALYSIS STATEMENT ABRAM' S CHASE REZONING Red Bud Magisterial District Frederick County, Virginia TM 65-((A))-27A & TM 65-((A))-28A aggregate area of 3.25± acres March 1, 2006 Revised May 19, 2006 Current Owner: Harvest Communities, Inc. Stuart Butler, President Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 File #454511 Impact Statement/LAW • n U • Greemvay Engineering INTRODUCTION March I, 2006 Revised May 19, 2006 ABRAM'S CHASE REZONING Abram's Chase Rezoning This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 3.25±-acre subject property identified as Abram's Chase and owned by Harvest Communities, Inc. The subject property consists of two contiguous parcels identified as Tax Map Parcel 65-((A))-27A containing 1.68±-acres and Tax Map Parcel 65-((A))-28A containing 1.57±-acres. The subject site is located on the north side of Senseny Road (Route 657), adjacent to the Parkwood Manor Subdivision. The Applicant proposes to conditionally rezone the 3.25±-acre subject site from RA, Rural Areas District to RP, Residential Performance District. The Applicant plans to develop the subject property as single-family detached residential housing on small lots. Basic information Location: Fronting on the north side of Senseny Road (Route 657), adjacent to the Parkwood Manor Subdivision. Magisterial District: Red Bud Property ID Numbers: 65-((A))-27A and 65-((A))-28A Current Zoning: RA, Rural Areas District Current Use: Residential Proposed Use: Residential, Single-family detached residential housing on small lots Proposed Zoning: RP, Residential Performance District Total rezoning area: 3.25±-acres Proposed build -out 14 Single-family detached residential units on small lots Pile 945451-1 Impact Statement/EAW 2 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised May 19, 2006 • COMPREHENSIVE PLAN Urban Development Area The 3.25f-acre subject site is currently located within the Urban Development Area (UDA). The Comprehensive Policy Plan states that new suburban residential development will be located with the boundaries of the UDA. Therefore, the proposal to rezone the 3.25f-acre subject site to RP, Residential Performance District is in conformance with the Comprehensive Policy Plan. Sewer and Water Service Area The 3.25±-acre subject site is currently located within the Sewer and Water Service Area (SWSA). The Comprehensive Policy Plan identifies the SWSA as the area in which public water and sewer infrastructure is to be located, which determines where urban development will occur. Therefore, the proposal to rezone the 3.25±-acre subject site to RP, Residential Performance District is in conformance with the Comprehensive Policy Plan recommendations for water and sewer service. SUITABILITY OF THE SITE • Access The 3.25±-acre subject site is located on the north side of Senseny Road (Route 657), approximately %2-mile east of the intersection of Senseny Road and Greenwood Road (Route 656). Senseny Road is identified as a major collector road and currently has one eastbound and one westbound travel lane. The Abram's Chase Subdivision will only have one connection to Senseny Road that will be located a minimum of 200 feet to the west of Parkwood Circle. The Applicant has conducted a site distance study that has been reviewed by the Virginia Department of Transportation (VDOT) to ensure that vehicles can safely access the Abram's Chase Subdivision from Senseny Road. All residential lots within the Abram's Chase Subdivision will be served by a state maintained street with sidewalks that is dedicated to VDOT. Flood Plains The 3.25±-acre subject site does not contain areas of floodplain as demonstrated on FEMA NFIP Map #510063-0120-B and on the Frederick County GIS Database. The subject site is identified as a "Zone C" area of minimal flooding. Wetlands • The 3.25±-acre subject site does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database. File 845451-1 Impact SlalCment/EAW 3 • • • Greenway Engineering March I, 2006 Abram's Chase Rezoning Revised May 19, 2006 Soil Types The 3.25±-acre subject site contains two soil types as demonstrated by the Soil Survey of Frederick County, Virginia (page 36) and the Frederick County GIS Database. The following soil types are present on site: 9B Clearbrook Channery Silt Loams 2-7% slope 41C Weikert-Becks Silt Loams 7-15% slope 41 D Weikert-Becks Silt Loams 15-25% slope Table 5 on page 123 of the Soil Survey of Frederick County, Virginia does not designate either soil type found on the 3.25±-acre site as prime farmland soils. The soils types are generally classified as moderate for development purposes because of slope, depth to rock and wetness. These soils types are consistent with the soil types found in the Parkwood Manor, Lynnhaven, and Sovereign Village subdivisions surrounding the subject site; therefore, the soil types are suitable for residential development. Other Environmental Features The 3.25±-acre subject site does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. There are no environmental features present that create development constraints on the subject site. SURROUNDING PROPERTIES Adjoining propertyzoning and present use: North: RP, Residential Performance District South: RA, Rural Areas District Use: Lynnhaven Subdivision Use: Agricultural East: RP, Residential Performance District Use: Parkwood Manor Subdivision West: RA, Rural Areas District Use: Residential TRANSPORTATION The Abram's Chase Subdivision is proffered to be developed with a maximum of 14 single- family detached residential units on small lots. All vehicle trips associated with the residential lots will access Senseny Road (Route 657) at a single entrance point and will either travel west towards Greenwood Road (Route 656) to access Millwood Pike (Route 50 East) and the City of Winchester, or will travel east to access Berryville Pike (Route 7) to points east of Frederick County. Pile 445451-1 Impact StatemenVEAW 4 Greenway Engineering March I, 2006 Abram's Chase Rezoning Revised May 19, 2006 • The Virginia Department of Transportation (VDOT) 2004 Annual Average Daily Traffic Volumes Estimates identify the segment of Senseny Road (Route 657) between Greenwood Road (Route 656) and Rossum Lane (Route 736) with an average volume of 5,500 vehicle trips per day (VPD). The ITE Trip Generation 7t" Edition identifies single-family detached housing (ITE 210) with an average rate of 9.57 VPD per household. Therefore, the proffered 14-lot single-family detached subdivision is anticipated to generate a maximum of 134 VPD. The 134 VPD represents an increase of approximately 2.5% of the 2004 average volume on Senseny Road and an increase of approximately 2.2% of the 2006 average volume on Senseny Road assuming a 5% annual increase in traffic volume on the segment. Assuming a 70% traffic split for vehicles traveling west and a 30% traffic split for vehicles traveling east, the Abram's Chase Subdivision will generate approximately 94 VPD that will travel towards Greenwood Road and the City of Winchester and will generate approximately 40 VPD that will travel to points east of Frederick County. A detailed traffic impact analysis statement (TIA) was prepared for the Senseny Village Subdivision, which was approved by Frederick County and VDOT in calendar year 2005. This TIA projected the impacts to the same segment of Senseny Road (Route 657) and the intersection of Senseny Road and Greenwood Road (Route 656) throughout the anticipated buildout year of 2010. The results of this TIA demonstrated that Senseny Road and the intersection of Senseny Road and Greenwood Road functioned at an acceptable level of service (LOS) throughout the buildout year under current geometric conditions. The Abram's Chase Subdivision will be built out in calendar year 2007, prior to the build out of the Senseny Village Subdivision; therefore, the current geometric conditions of this road segment and of the Senseny Road/Greenwood Road intersection will be able to accommodate this projected increase in average daily traffic volume. Furthermore, the Applicant's proffer statement provides a $1,000 per residential unit monetary contribution to the Frederick County General Transportation Fund that can be used unconditionally by the County towards road improvements. The 134 VPD associated with the Abram's Chase Subdivision will not create a negative impact to the transportation network and the Applicant's development proposal offers an additional revenue source to assist Frederick County and VDOT with road improvements. SEWAGE CONVEYANCE AND TREATMENT The 3.25±-acre subject site is located in the eastern portion of the Sewer and Water Service Area (SWSA). There is an existing Frederick County Sanitation Authority (FCSA) 8" sanitary sewer main and easement that is located along the northern portion of the subject site. This sewer line will direct effluent from the Abram's Chase Subdivision to the new Frederick County Sanitation Authority regional pump that will convey effluent to the Opequon Wastewater Treatment Plant (OWTP) located on Berryville Pike (Route 7). • Impacts of the proposed rezoning on the sewage conveyance and treatment system are based on the proffered land use of 14 single-family detached dwelling units. Design figure estimates are based on 225 gallons per day (GPD) per single-family detached unit. Pile 945451A Impact StatemenUEAW March I, 2006 Revised May 19, 2006 The figures below represent the impact that this project would have 1 conveyance system and treatment system at frill build -out of 14 dwelling units: Q = 225 GPD per dwelling unit Q = 225 GPD X 14 dwelling units Q = 3,150 GPD The proposed zoning is estimated to add 3,150 gallons per day to the public sewage conveyance system and the Opequon Wastewater Treatment Plant (OWTP). The design capacity of the OWTP plant is currently 8.4 million gallons per day, of which the City and the County are currently utilizing approximately 6.4 million gallons per day. The total build - out of the Abram's Chase Subdivision would increase the treatment demands at the OWTP by approximately 0.15% of the current available capacity at the OWTP; therefore, adequate capacity, source and infrastructure is available to serve this development. WATER SUPPLY The 3.25±-acre subject site is located in the eastern portion of the Sewer and Water Service Area (SWSA). There is an existing Frederick County Sanitation Authority FCSA 8-inch water line along the north side of Senseny Road (Route 657) that adjoins the subject site and will be utilized to serve the project. Potable water is provided to this area of Senseny Road through a series of water transmission lines whose source is the Stephens City quarry system, which is treated at the James H. Diehl Water Filtration Plant. This treatment plant provides approximately 4.0 MGD of potable water and is expandable to treat 6.0 MGD. Impacts of the proposed rezoning on the water supply system are based on the proffered land use of 14 single-family detached dwelling units. Design figure estimates are based on 275 gallons per day (GPD) per single-family detached unit. The figures below represent the impact that this project would have to the water supply system at frill build -out of 14 single- family residential dwelling units: Q = 275 GPD per dwelling unit Q = 275 GPD x 14 dwelling units Q = 3,850 GPD The Abram's Chase Subdivision will utilize an estimated 3,850 gallons of water per day. Potable water is provided to this area of the SWSA through transmission from the Stephens City quarry system and through water purchased from the City of Winchester. The projected water usage at build -out is negligible. Therefore, adequate capacity, source and infrastructure are available for this subdivision. Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised May 19, 2006 SITE DRAINAGE The 3.25±-acre subject site has pronounced drainage swales along the northern property boundary and along the eastern property boundary. Stormwater flows from properties west of the subject site through the drainage swale along the northern property boundary, while properties on the south side of Senseny Road (Route 657) drain to a culvert system within the Senseny Road right-of-way that discharges to the drainage swale along the eastern property boundary. Stormwater leaves the subject site at the northeastern corner and flows through the Lynnhaven and Sovereign Village subdivisions to the twin lakes on the properties immediately to the east, ultimately draining to the Opequon Creek. On -site stormwater management is proposed in the northeastern portion of the subject site to control the increased run-off at or below pre -development rates, which will result from the development of this site. All storm water management measures will be designed to meet state and local standards and will be approved by the County Engineer. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual residential consumption of 5.4 cubic yards per household (Civil Engineering Reference Manual, 4"' edition). The following figures show the increase in average annual volume based on the 14 residential units that will be developed in the Abram's Chase Subdivision: AV = 5.4 cu. yd. per household AV = 5.4 cu. yd, x 14 dwellings AV = 75.6 cu. yd. at build -out, or 53 tons/yr at build -out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected build -out of the Abram's Chase Subdivision will generate approximately 53 tons of solid waste annually on average. This represents a 0.02%* increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. The Abram's Chase Subdivision is located within close proximity of the Regional Landfill and the Greenwood Citizen Convenience Center. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with the 14-lot subdivision. HISTORICAL SITES AND STRUCTURES The 3.25±-acre subject site does not contain structures that are deemed eligible for the national register or the state register of historic places. This site is not contained within any core battlefield area designed by the National Park Service Civil War Sites in the Shenandoah Valley or by the Frederick County GIS Database. The Frederick County Rural Landmarks Survey does not identify any structure on the property as potentially significant. File #45451-1 Impact Statement/EAW 7 • Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised May 19, 2006 The Frederick County Rural Landmarks Survey identifies the Greenwood School (#34-421) as a potentially significant structure within the closest proximity to the subject site. The Greenwood School is located approximately 2/3-mile to the west of the subject site; therefore, the development of the Abram's Chase Subdivision will not have any negative impact to cultural resources or to the viewshed of any significant historical structure or site. I. OTHER IMPACTS The Frederick County Development Impact Model (DIM) was formally adopted by the Frederick County Board of Supervisors in October 2005. The Board of Supervisors authorized the DIM to be applied to rezoning applications that were filed for consideration as of December 1, 2005. The new DIM assessment of Capital Facilities Impacts for single- family detached residential dwelling units is $23,290.00 per unit. The $23,290.00 impact per residential unit for Capital Facilities Impact is itemized as follows: Fire and Rescue $ 720.00 General Government $ 320.00 Public Safety $ 658.00 Library $ 267.00 Parks and Recreation $ 2,136.00 School Construction $19,189.00 The Applicant's proffer statement provides a monetary contribution of $23,290.00 for each residential dwelling unit that is to be paid to Frederick County at the time of building permit issuance. Therefore, the Abram's Chase Subdivision will completely mitigate the Capital Facilities Impacts to Frederick County for each residential dwelling unit prior to occupancy of the unit. No additional impacts to County capital facilities are anticipated by this residential development proposal. Pile 945451-1 Impact statement/EAW 8 Valley I l Mill Rd z SWSA - U DA W LU W41°' n r V' Imo, VVV YYY r zd N T LUc v _ a a iLLJ z Q LLJ ° o Uo � z co (n CCD Le end o Feet LU c � o Co fl Q Abram's Chase Parcels a 1,000 500 0 1,000 2,000 Q U z C� U v � m ti o Q SWSA ��q - — Z. \ Q� o 0 moo w Cz UDA SWSA m w o w � S O U Parcel Boundaries Q U- 0 O N W Q o LiJ J Q (U Data Source: Frederick County, Va. GIS Department, 2006 Data NJ Environmental Features SeSar Ct V ►� Gras ./'90 f a Murphy Ct a Z cc W W Z N m D CI �f Z=>"Nq n cl 's W C c" w W ? 2 4 y a '10 cc � c S�nS�nY RCY ��:/ Qa uj �a ✓4/dSdr o Or w r � m o p w o Z c� Legend > Q o Q o J > U CO Z Abram's Chase Parcels w z LU U) o o 5 ft. Contours = 0 U D U Q Y z o Z U m o Streams ` p U) w p o N o Qc� mocu • WW Lakes & Ponds Feet ° Q Z � o Parcel Boundaries 200 100 0 200 400 Q,m _, /; o o N f- Cq / W W Q Q Map Data Source: Frederick County, Va. GIS Department, 2006 Data 41C i Soils 1B z sLU a Z 41 E Lai m cl a v x 0 v m u \ 4N b \, W �D W46 D Px 41C \ o O gg Y ;I Tp � 4 41 D III Q:3 Abram's Chase Parcels Parcel Boundaries Sods 1B, BERKS CHANNERY SILT LOAM, 2 TO 7 PERCENT SLOPES 3B, BLAIRTON SILT LOAM, 2 TO 7 PERCENT SLOPES 3B Le end 41 C, WEIKERT-BERKS CHANNERY SILT LOAMS, 7 TO 15 PERCENT SLOPES - 41 D, WEIKERT-BERKS CHANNERY SILT LOAMS, 15 TO 25 PERCENT SLOPES 41E, WEIKERT-BERKS CHANNERY SILT LOAMS, 25 TO 65 PERCENT SLOPES 9B, CLEARBROOK CHANNERY SILT LOAM, 2 TO 7 PERCENT SLOPES 9C, CLEARBROOK CHANNERY SILT LOAM, 7 TO 15 PERCENT SLOPES Murphy Ct % �. ✓4�a Sam w / Q i m o z O v 1), Q z z LD / \ a� ' o— D J O p J>L, Q i V � Tf w cn 0 z LLJ F- cn Z ::) p tY m 96 = z 0 Q Y 5 (D (n W 0 m O o Feet Q mo�� 200 100 0 200 400 m o w � c L Q W tl C CD o U C — O N lap Data Source: Frederick County. Va. GIS Department, 2006 Data • Proffer Statement 0 Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 • REZONING: PROPERTIES: ABRAM'S CHASE PROFFER STATEMENT RECORD OWNERS APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE: • Preliminary Matters • RZ# RA, Rural Areas District to RP, Residential Performance District 3.25f-acres Tax Parcels 65-((A))-27A & 65-((A))-28A Harvest Communities, Inc. Harvest Communities, Inc. Abram's Chase Subdivision March 1, 2006 August 21, 2006 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Harvest Communities, Inc., (the "Applicant") hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 3.25±- acres (the "Property") from the RA, Rural Area District to RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject Property, identified as the Abram's Chase Subdivision, and more particularly described as the lands owned by Harvest Communities, Inc., being all of Tax Map Parcels 65-((A))-27A and 65-((A))-28A, recorded as Instrument Number 050028946, and further identified by plat and survey dated June 22, 1998, prepared by Edward W. Dove, L.S., of Dove & Associates, recorded as Deed Book 910, Page 381. File #4545H/EAW Greenway Engineering March 1, 2006 Abram's Chase Rezoning Revised August 21, 2006 • A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") dated March 2006 that will be approved as part of the rezoning application. The GDP shall identify the general location of the internal road system, the general location of residential lots and open space, the general location of the Senseny Road (Route 657) road efficiency buffer and the general location of the community recreational area and pedestrian inter -parcel connector. B. Residential Land Use The Applicant hereby proffers to develop a maximum of 14 single-family detached residential dwelling units on small lots. C. Recreational Amenities The Applicant hereby proffers to develop a community recreational area that will be located in the northwestern portion of the Property and will contain tot lot equipment isvalued at a minimum of $35,000.00, park benches, and an asphalt pedestrian walkway that will connect the internal sidewalk system to the community recreational area and will extend to the western property boundary. The recreational amenities proffer is intended to guarantee the community recreational facilities that will be provided in -lieu of a community center building if waived by the Frederick County Board of Supervisors. • D. Transportation Enhancements 1. The Applicant hereby proffers to construct a right turn and taper lane within the public right-of-way that connects Parkwood Drive to the cul-de-sac serving the Property. This improvement shall be bonded and constructed concurrently with the internal cul-de-sac serving the Property. 2. The Applicant hereby proffers to dedicate right-of-way sufficient to provide for 45 feet from the existing Senseny Road (Route 657) centerline of record to allow for future road improvements by others. This right-of-way dedication shall be incorporated into and approved concurrently with the final subdivision plat creating the residential lots and internal public street system serving the Property. File #45451-1/EAW 2 • • • Greenway Engineering March I, 2006 Revised August 21, 2006 Abram's Chase Rezoning 3. The Applicant hereby proffers to provide a monetary contribution of $1,000.00 for each residential lot that will be paid to Frederick County at the time of building permit issuance. This monetary contribution is available to Frederick County to be used towards future improvements to the Senseny Road corridor. E. Monetary Contribution to Offset Impact of Development The Applicant will pay to the Treasurer of Frederick County, Virginia $23,290.00 for each residential lot that is platted to completely mitigate Capital Facilities Impacts identified below. This monetary contribution will be paid at the time of the building permit issuance for each residential lot and is to be distributed in the amounts as follows: Fire and Rescue General Government Public Safety Library Parks and Recreation School Construction $ 720.00 $ 320.00 $ 658.00 $ 267.00 $ 2,136.00 $19,189.00 File #4543H/EAW 3 • • 0 Greenway Engineering F. Signature March 1, 2006 Revised August 21, 2006 Abram's Chase Rezoning The conditions proffered above shall be binding upon the Applicant and its assigns and successors in interest. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Ordinance. Respectfully Submitted: By: Stuart Butler, President Harvest Communities, Inc. Commonwealth of Virginia, City/(oust of Ee�e cL, To Wit: %/ WE, ► The foregoing instrument was acknowledged before me this 26'�fl day of �c6i"" 20 0o by S 4oc"'-N 'Uu+ l e r My Commission Expires I-elorycv:� Z9 1 2-668 1-11 oOZt-ate �e' -7 Notary Public Pile #4545H/EAW 4 \\ /',, h♦ \ \ OPEN SPACE �. \ \ \ ` \ ♦ \ \ \ COMMUNITY 1 \ \ \ \ \ \ \\ \ \ \ \ RECREATIONAL \ \ `\ \\ \ `\ ♦♦ \\ , X AREA \ 1 1 \ ♦ ♦ \`� ♦`•• OPEN SPACE \ \ ♦♦\ `♦♦ ♦`♦ \`♦ \ \ \` ♦`♦ ON Z\9a PUBLIC STREET 50' R/W o\ j- b&- 30 O Q _ / scxe, I • bile OPEN SPACE �� LEGEND F-1 OPEN SPACE F-1 LOT AREA 1-7 R.O.W. AREA \ ` ` \ ` \NN V PARKWOOD QIRCL9ir Ak 0 Z_ cc W W Z 43 z W S � o z e W •` ar0 Lu cc C-s nd 22 E z 0 �a DAM MAINCH 2Cft 9CMA r _ 60' DGMMM BY: IIOM !Bi No. 4414 mmm I or I • Review Agency Comments • •14 T V V D a 1 b i M HALL, MQNAHAN I ENGLE, MAHAN & MITCHELL ♦ T/rIIRUUMM C.r /ICI[,�p,Ml L�]IlCR�1IIWS AUG l 8 2006 AiT0FRwcY9 Al L1M' WIL9UR C. HALL 11E92.1';0721 I A Jf�f tlWr IMA�l7 ♦TRliT O �;f Q.a►[J>7lM 1T PLL1 � 7HOMA6 V MON►HAN 0024-10Pv) i L �YRL, V nol IM. vnRa r�.r■, vI►O �a, .�iAMU EL D ENOC:. 1ll[JM'1ML >•r,q.vnIcco ILU6H� s+c�A!: fury O ULA1+6 MAMA6N P" L-use•+ry ROOEPr T MITGHl LL, Jk CMUI 6.�b-666,AW •J►ol" A KLlNKA1R August yy I P, 2006 Si rv'EN F JACK5CAN DERH16 J MGLOUGMLIr4, JR Swsau K. Eddy, A1C'P senior PIanner ,F7edcnck County Deputrnent of Planning & Development 107 North Kent Street Winchester, VA 212601 Re- Abrain's Chase (Harvest C''cmnunities. Inc) Proffer Statement Dcr►r Susan; !LWr MT1u' T4. P. 0. Box 640 ►%tMGMLSR/T, mF;, :INix 72l90w-< 4C l have reviewed the aboverreferanced Proffer Statement. It is MY �Visuon that the Proffer Statement is generally in a furor IL) meet the require-we•nts of the Frederick Ck)unty Zcming Ordinance and the Code of Virpnia, subject to the t011W-'0E- comments: 1. Pivf3cr A protirides that the prcpeny witl developed in substantial conforniit)TVon th the attached Gieneralized Development Plan ("CiDP"}. The UDP'.vas not attached to the copy of the. Proffer Statement provided to me. this review is prDVIdecl without a review of tbi C DP. 2. FToffer B lirnii,,q t}le i;wc11ing touts to 1114 single-farMly detached residential dwelling units of' small lots." It is assumed that this is a reference to the "single- family small lot" type of development identified in Section I65•65 F of the Zoning Ordinlanc — • HALL, MONAHAN, ENGLE, MAHAN & M17CHELL Susan K. 1'Ifdy August 1 S. 2�1Uh Page 2 e' 3. Proffer C proposes to provide tot lot equipment, park ben6xs, mid am asphalt pedestrian walkway as community recreational facilities in -lieu of a H C0MInL IIh' center, if the comrntuit* LY center is waived by the Frederick County Board of Supenrlsors. However, my review of Section i65-64 (A)(1) uidica+tes that the Board of Supervisors call waive the commiurity center requirement of Section 165-64 (A) ui proffered age -restricted single-family small lot vubdivuzloilsth2t contain loss than 50 lots. Hoye-ve-r, there is nothing ru the proffer provided to me. do indicate that this devejopment is to be an age -resit' ted deve-loprnent. A"ordingly, i question whether the uraiver provision applies, sa as to penrdf the ellrntuation Llf tlue corotnunit}, center for this srl13.11 lot dousing development. 4. ProffersD(l) and DP)proviLic forthe consttuetinn of right tum and • taper lane and for the de&i ation of right of way. However, neither proffer establishes a tuning requireinmit for the construction and dedication, A tirring requirement satisfactory to the County should be included in each proffer. i. In Proffer E the first clause is reciwdant and shorild be deleted. Tl1C proffer should commence as the other proffers have CLIrrmienced with the language "the Applicant will pay ..." It should be noted that 1 have not reviewed the subsimice of the proffers as to wbcther the proffe-rs are suitable and appropriate for the. rezoniztg of this specific. property, or whether ether proffers would be appropriate. as it is my understa ndm- that that revim will be done by the staff and the Plamni lg Cbmnnssion. • HALL, MONAHAN. ENOLE, MAHAN E, MJTCV'ELL Susan K. Eddy August 1 g, 200b Page 3 4 if the st as- any questions cconcerrnng the fQregcnng conlmenes+Please contact rile. Uer}, truly }rouTs, A RDhen T. Mifchek, Jr. RTNa-s 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 April 12, 2006 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester. VA 22602 RE: Preliminary Comments — Abrams Chase Rezoning Proposal Dear Evan: This correspondence is intended to identify issues of concern regarding the preliminary application materials for the Abrams Chase rezoning proposal. The preliminary application package, as submitted on March 21, 2006. consists of the following principal components: (1) Rezoning Application Form; (2) Impact Analysis Statement, dated March 1, 2006, (3) Proposed Proffer Statement dated March 1, 2006; and (4) Generalized Development Plan (GDP) dated March 2006. It is anticipated that these issues will be fully addressed through revisions to the application prior to its consideration by the Planning Commission and Board of Supervisors. The following comments are offered for your records: Impact Statement A. Introduction The housing type being proposed with this application is single family small lot which is intended to be marketed as a "starter home community". This starter home community reference is only mentioned in the first paragraph of the impact statement. It is unclear how this development will be affordable by first time home buyers. B. Comprehensive Policy Plan The site is not within the limits of any small area plans in the Comprehensive Policy Plan; however, the Eastern Frederick County Long Range Land Use Plan identifies the entire Senseny Road corridor for residential uses. B. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road as an improved major collector. 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 I, APR 1 2 2006 IJ 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 Mr. Evan Wyatt, Greenway Engineering RE: Abrams Chase April 12, 2006 Page 2 application addresses expansion plans for these roads and that all road improvements, especially turn lanes, respect the long-term road center line. Since Senseny Road is designated as a major collector road, it requires 200' entrance spacing from all driveways and intersections. While it appears that the entrance spacing is met from Parkwood Circle, the spacing is not being met off of the adjacent residential driveways. A waiver from the Planning Commission would be required to reduce the required entrance spacing. Proffer Statement A. Generalized Development Plan The GDP submitted with the impact statement does not account for any of the residential separation buffers required on the site. The GDP does not accommodate a location for the required community center, which is required for single family small lot subdivisions. B. Recreational Amenities The proffer states that this project will contain a tot lot, park benches and an asphalt pedestrian walkway that will connect the internal sidewalk system to the community recreational area. These amenities are intended to be in -lieu Of the community center that is required by ordinance. This development is not proffered age restricted and currently does not qualify for any waivers. A ten foot asphalt hiker biker path is being provided by other developments along Senseny Road and should also be provided with this development. C. Transportation Enhancements A right turn and taper is going to be installed; the proffer needs to include when this will be installed (prior to the first building permit). Also, state that the road within the development will be a public road dedicated to VDOT. The proffer states that the applicant will dedicate right-of-way sufficient "to provide for 45 feet from the existing Senseny Road (Route 657) centerline to allow for future road improvements by others". The applicant will need to verify with county staff and VDOT that there will be sufficient right-of-way to accommodate long range road plans. The exact amount of dedicated right-of-way needs to be provided along with a guarantee that this site will construct its portion of the planned improvements. 0 • Mr. Evan Wyatt, Greenway Engineering RE: Abrams Chase April 12, 2006 Page 3 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 $3,325.00 is due upon submission of the official rezoning application. This is based on fees as of January 27, 2005. Fees may change. This application will be complete once the above issues are satisfactorily addressed, a review fee is submitted and all reviewing agency comments provided. Reviewing agencies include the following: Frederick County Fire Marshal and the local fire company, Frederick County Inspections, Frederick County Public Works, Frederick County Parks & Recreation, Frederick County Sanitation Authority, Frederick County Service Authority, Frederick County HRAB, Virginia Department of Transportation, and the Frederick County Attorneys Office. Please feel free to contact me should you have any questions or concerns regarding this correspondence. Sincerely, Candice E. Perkins Planner II CEM/bad cc: Harvest Communities, Inc., Attn: Stuart Butler, 147 Creekside Lane, Winchester, VA 22602 Rezoning Comments 1►ili�i'�llili'llltll111'►'fll� ! lli;i�IuiGVf�1ii!2i111i1 @�IL�@11iu 2,01111'lN i. Virginia Department of Transportation 9 0 Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike. Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, VA 22603 (540)-53501828 Applicant's Name: Greenwa�Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Fronting on the north side of Senseny Road (Route 657), adjacent to the Parkwood Manor Subdivision. Current zoning: RA District Zoning requested: RP District Acreage: 3.25 +/- Virginia Department of Transportation Comments: • r •'in wevow loll • • • • • • r • - • O • • VDOT Signature & Date: Notice to VDOT — Please Return This Form to the Applicant VDOT Rezoning Comments: Abram's Chase Subdivision Page I of I n • Evan Wyatt From: Ingram, Lloyd[Lloyd.ingram@VDOT.Virginia.gov] Sent: Tuesday, May 02, 2006 12:31 PM To: Evan Wyatt Cc: Ingram, Lloyd Subject: VDOT Rezoning Comments: Abram's Chase Subdivision The documentation within the application to rezone this property appears to have little measurable impact on Route 656. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Abram's Chase Subdivision Rezoning Application dated March 1, 2006 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. «Comment Sheet.pdf>> Lloyd A. Ingram Transportation Engineer VDOT N Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540)984-5611 (540) 984-5607 (fax) <<Impact Analysis Statement.pdf>> 5/2/2006 Rezoning Comments • Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia, 22601 (540)665-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 • Location of property: Fronting on the north side of Senseny Road (Route 657), adjacent to the Parkwood Manor Subdivision. Current zoning: RA District Zoning requested: RP District Acreage: 3.25 +/- Sanitation Authority Comments: ZZ551L / S IJ-JA avit i f Wd- reE 1F17 Sanatation Authority Signature & Date: i Notice to Sanitation Authority - Please Return This Form to the Applicant • E C] f� Rezoning Comments Frederick —Winchester Service Authority Mail to: Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540)722-3579 Hand deliver to: Fred -Wine Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick -Winchester Service Authority with their review. Attach a copy of your application form, location map, proffer statement, and any other pertinent information. Applicant's Name: Greenway En ing eerie Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Fronting on the north side of Senseny Road (Route 657). adjacent to the Parkwood Manor Subdivision. Current zoning: RA District Zoning requested: RP District Acreage: 3.25 +/- Fred-Winc Service Authority's Comments: (to torAwa&P Fred- Wine Service Authority's �� 1,�— rj �Za b Signature & Date: � Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant MAY 2 5 ?006 1, C� Control number RZ06-0004 Project Name Abram's Chase Subdivision Address 151 Windy Hill Ln. Type Application Rezoning Current Zoning RA Automatic Sprinkler System No Other recommendation Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed Date Revised 3/16/2006 4/5/2006 Applicant Greenway Engineering City State Zp Applicant Phone Winchester VA 22602 540-662-4185 Tax ID Number Fire District Rescue District See application 18 18 Election District Recommendations Red Bud Automatic Fire Alarm System Residential Sprinkler System No No Requirements Emergency Vehicle Access Hydrant Location Fire Lane Required No Siamese Location Roadway/Aisleway Width Special Hazards No Emergency Vehicle Access Comments Access Comments Additional Comments �I; I jl APR 0 5 2006 . Plan Approval Recommended Reviewed By Signature AC Yes J. Neal A t %ice i� t _ - m� /A� E ��yy C v i.r C • Fire and Rescue Company Name of Fire & Rescue Company: Company 18 Greenwood Volunteer Fire Company Address & Phone PO Box 3023 809 Greenwood Road Winchester, VA 22604 540-667.9417 Applicant: Please fill out the information as accurately as possible in order to assist the Fire and Rescue Squad with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Mailing Address: Aktion of Property: Greenway Engineering Telephone: 540-662-4185 151 Windy Hill Lane Winchester, VA 22602 Frontine on the north side of Senseriv Road (Route 657). adiacent to Park -wood Manor Subdivision. Current zoning: RA District Zoning requested: RP District Acreage: 3.25 +/- Fire and Rescue Company's Comments: MAR 2 8 2006 # Fire &. Rescue Comp�?}y's Signature & Date: 13 -leg Notice to Fire & Rescue Company - Please Return This Form to the Applicant L•__ Td WdES:60 900E LE 'add LTt7GL99OVS : 'ON Xdd 1N9Wi�ldd�]Q DNId 000MNE3NO : WO�]A May 10, 2006 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Abram's Chase Subdivision Rezoning Frederick County, Virginia Dear Evan: COUNTY of FREDERICK Department of Public Works 540/ 665-5643 FAX: 540/ 678-0682 We have completed our review of the rezoning application for the Abram's Chase Subdivision and offer the following comments: l . Refer to Wetlands, Page ?: A detailed wetlands delineation study will be required with the master development plan submittal. is 2. Refer to Site Drainage, Page 7: During the subdivision design phase, it will be necessary to route the 100-year storms through the existing drainage swales to determine the impact on the proposed development. Any stormwater ponds shall be constructed above the maximum 100- year storm level. Refer to Solid Waste Disposal, Page 7: The narrative references the close proximity to the Greenwood Citizens' Convenience Center. This site has been scheduled to be closed within the next two (2) years. Therefore, we recommend that curbside trash pickup be provided by the developer or Home Owners' Association. This requirement should be included in the analysis and proffer statement. I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely, Harvey . trawsnyder, Jr., P.E. Director of Public Works HES/rls •cc: Planningand Development MAY Ci 20i6 p , file '! C:\Prograw.. Files\WordPerfect Office I I\Rhonda\TEMPCOMMENTS\abram'schaserezcom.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 0 Adam's Chase * As of this review, a minimum of three recreational units are required for this development. However, if a waiver is approved an appropriate value for recreational amenities must be determined. * The proposed asphalt walkway to adjacent property should meet Frederick County Standards. * Plan appears to offer the appropriate amount of open space. * The proposed monetary proffer for Parks and Recreation appears to address the impact Abram's Chase will have on this departments' capital facility needs. 40 #Ctor, M. Doran 77 Frederick County Parks and Recreation 0 • Administrative Assistant to the Superintendent Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Wyatt: �\ SWdents M o� F s CP .l� G C C F Frederick County Public Schools Visit us at www.frederick.M.va.us March 30, 2006 RE: Rezoning Comments for Abram's Chase Subdivision Project e-mail: kapocsis@frederick.k12.va.us This letter is in response to your request for comments regarding the rezoning application • for the proposed Abram's Chase Subdivision project. Based on the information provided, it is anticipated that the proposed 14 single-family homes will yield 2 high school students, 2 middle school students, and 5 elementary school students for a total of 9 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. Even with only nine new students upon build -out, the cumulative impact of this project and others, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. Respectfully yours, i Stephen Kapocsi Administrative Assistant to the Superintendent SMK/dkr cc: William C. Dean, Ph.D., Superintendent of Schools r Al Orndorff, Assistant Superintendent for Administration I Charles Puglisi, Director of Transportation I! A ( 4 ZUU6 q5�5 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 0 0 Rezoning Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Hand deliver to: Winchester Regional Airport Attn-. Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia -Applicant!- Please fill out the information as accurately .,Is:possible liii.-order: to, assist the ': - , Winchester Rpgional..'Airport with review. -Attach a copy f _o_ your application location,m''ap, proffer statement , impact analysis, and any other. -pertinent, mf6jrm"ati6n`.',.,. Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: .151 Windy Hill Lane Winchester, VA 22602 Location of property: Fronting on the north side of Senseny Road (Route 657), adjacent to the Parkwood Manor Subdivision. Current zoning: RA District Zoning requested: RP District Acreage: 3.25 +/- Winchester Regional Airport's Comments: Winchester Regional Airport's Signature & Date: N Notice to Winchester Regional Airport — Please Return This Form to the Applicant WINCHESTER REGIONAL AIRPORT SERVING THE TOP OF VIRGINIA / March 24, 2006 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Re: Rezoning Comments Abram's Chase Subdivision Redbud Magisterial District Dear Mr. Wyatt: The above referenced rezoning application 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. Residents should be forewarned that due to the proximity of the site to the Winchester Airport, they may experience noise from over flight of aircraft arriving to and departing from the airport from the northeast. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director � • uL MAR 2 7 2006' L54 � 3 3 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 March 30, 2006 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Request for Historic Resources Advisory Board (HRAB) Comments Abrams Chase Rezoning; PINS # 65-A-27A & 28A Dear Mr. Wyatt: 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 MAR g 11 7006 ! J 3 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 • Deed to Property Verification of Taxes Paid • C� 050028946 TAX MAP NOS. 65-A-27 A and 65-A-28-A GRANTEES'ADDRESS: 147 CREEKSIDE LANE,, WINCHESTER, VIRGINIA 22602 CONSIDERATION $375,000.00 THIS DEED PREPARED BYPHIUP E. GROVES, ATTORNEYATLAW,132 S. CAMERON ST., WINCHESTER, VA 22601 Tfus DEED, made and dated this 13th day of December, 2005, by and between LARRY W. BURACKER and ELDA M. BURACKER, husband and wife, Grantors, parties of the first part, and HARVEST COMMUNITIES, INC., a Virginia corporation, hereinafter called the Grantees, parties of the second part. WITNESSETH: That for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors hereby grant and convey, with General Warranty unto the Grantees, in fee simple, allthe following real estate: All those certain lots, pieces or parcels of land, with all improvements thereon, in Stonewall District, Frederick County, Virginia, designated as Parcel 27A and Parcel 28A on that certain plat by Edward W. Dove, L. S. dated June 22,1998, of record with a deed of boundary line adjustment dated July 14,1998, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 910 at page 379; and being the same properties conveyed to the Grantors herein by deed dated July 31,1998 from Douglas L. Clarke, Sr, et als, of record in said clerk's office in Deed Book 912 at page 433. Further reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. b5-9- �,?A� -a%A osao2HO WITNESS the following signatures and seals: 4✓ [SEAL] LARRY W CKER JSEAI : ELDA M. BURACKER I STATE OF VIRGINIA CITY of WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this 1M, day of December, 2005, by LARRY W. BURACKER and ELDA M. BURACKER I I My commission expires April 30, 2009. i I NOT Y C I V1RUiNIA: P`EDBRICK CO(RQ iY• SCi'. � produced w me on This iasnMent of writing p ��)ji at eto annexed and with certificate of acknowledoscd bysec. 53 l 902 of Lhe I was admitted to record. T irtt i S � d 581.801 have been paid, it assessable C50O a29 �� • 9 10'G0379 a� �S THIS DEED OF BOUNDARY LINE ADJUSTMENT, made this 14A' day of July, 1998, by and between RICHARD A. RHODES, hereinafter called "Rhodes" and SANDRA LOVE., Administratrix of the Estate of AS H. CLARK, hereinafter called "Love". WHEREAS, Rhodes is the owner of that certain tract of land iesignated as Parcel 26 as shown on that certain plat of survey :)y Edward W. Dove, Land Surveyor dated June 22, 1998, said land ceing the same as conveyed to Richard A. Rhodes as recorded in a deed recorded in Deed Book 799, at Page 1311 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia; and, WHEREAS, Douglas H. Clark and Nina M. Clark were the owners of Parcels 27 and 28 as shown on that certain plat of survey by Edward W. Dove, Land Surveyor dated June 22, 1998, which they acquired in a deed recorded in the aforesaid Clerk's Office in Book 236 at Page 471; and, WHEREAS, Nina W. Clark died July 22, 1989, survived by Douglas H. Clark; and, WHEREAS, Douglas H. Clark died February 13, 1997; and, WHEREAS, Sandra Love qualified as Administratrix of the Estate of Douglas H. Clark in the aforesaid Clerk's Office; and, WHEREAS, the parties hereto desire to enter into a Boundary Line Adjustment between their properties, as more particularly Iset forth on the aforesaid plat which is attached hereto and ade a part hereof, by this reference. NOW THEREFORE, Rhodes and Love agree, and do hereby, adjust hose boundary lines between Parcels 26, 27 and 28, and fix said oundary lines with regard to each parcel as set forth on the lat attached hereto and made a part hereof, provided further wFUSON&JONNS70N that said parties agree and do hereby vacate any property lines ATTORNEYS AT IAW �41ONFSTER. VIROiNU f(�?I0 0380 indicated on said plat as vacated and do establish any new (boundary lines established on said plat of survey. ` wITNESS the following signatures and seals: (SEAL) RICHARD A. RHODES it— (SEAL) SANDRA LAVE, Administratrix of the Estate of Douglas H. Clark E OF VIRGINIA, AT (LARGE, /COUNTY OF`YP[lr_riGk To -wit: The foregoing instrument was acknowledged before me this 'h day of July, 1998, by Richard A. Rhodes. My commission expires Lai& 3� rvi 0 Do Notary Pt#ic OF VIRGINIA, AT'LARGE, CouNTY OF 7re_AevlL.1C. To -wit: The foregoing instrument was acknowledged before me this day of July, 1998, by Sandra Love, Administratrix of the e of Douglas H. Clark. My commission expires ' j 006 I lk. Not ry PublYc Ur -2- Odom fJa JOUPM Q=W AEuw .NDrsavwMM f Y 9i0� xT� DK9IOPG0382 OMER'S CONSENT THIS PLI r OF IH£ LOr LINE AaysTMENr BETWEN PARCELS 26, 17 & 28, IS MADE NTTH THE FULL DESIRE AND CONSENT Of THE UNDERSGNED ONNERS 441,, IL� �L Yh � g19V1 SANDRA LOW -y � Lu[)(¢a fI. .�JL DATE RICHARD A. RHOOES DATE n - rcc�--v,-CK 7o-w7: �1 Lt me 1 Q �yb , n P e r A NOTARY PUBLIC 1N AND RAP THE C"TY AAC $TA TE AFQ4£SVa 00 Ao"Y (IRlI''Y7�-Ap�� f1C�YCi- r�.yi¢ SNHDSE NAPES ARE &VNE0 TD THE FDMraNC NRYW DA 7ID m Th ,_1._l.-g HAW PIJPSCNALL Y APW£ARCD 8£FAR£ U& W MY COUNTY AFVRESAA9. AND ACA'NOW- LEDCED Tw S" q,7 U"C A 0' • TAlS CI DAY OF Mr caueE�vav tomes �L1 us4 31, ° a o , NorA,vr STATE OF CDLNTY OF A NOTARY PC.RX V AND FAR 71T COUNTY AAO STATE AfTY1MA Do hv"r am THAT WAO.W NALffS• ARE .20AM TO 7HE fDMW o NR'DN6 DAM HAW PERSOA'AUY APPEARED aDVRE ALE PT MY COL.WTY APARESUQ AND AOYNOW- LEDCED PC SAYE aKN MDR MY NAMO WS DAY 0' tF NOTARY PtaUC MY 00ki 4DY DPOW PAGE 1 CIF' 4 1N6 PLAT HAS BON PREPARED WTHOUT THE BENOV OF A 1111.E REPORT D,1�. LJAY /Q 1998 5>;ALE 1' o BO' r AND OCR NOT WCESSARLY F?ZATE ALL UI=WANCES ON THE PROf4R1Y. , 1 Hop , J I VE ENGINEERS , x (� PLANNERS EDWARD W. DOVE 9 & �E ric�vv7aJ�.dl11 Es SURVEYORS V CERT. NO. 54-17-3(A) 964 3078 SHAWNEE DRIVE P.O. BOX 2033 SVR� WINCHESTER, VIRGINIA 22601 (540)667-1103 j�. •� un 7 ! I,, ' s�c-i 9�•Nils I. a1 POSY �� FOUND `SWALE iLPF - �PRO°fRTY Loc (� i AiREBYYACAIM N 4/L7641' w „ PARCEL 27A l PARCEL] 28A 72939 SF. �IA 64ju SF. i ! 1.68 ACRES Sn I p 1.57 ACRES x N 45754J' W « LP Nit J899 RS �1 -x—x 1`l►- F. 1' � � � I, ., ��•- FRAME BARN {sue serr J) IrA li• ; I, 1;2&4 Za AAfEr ti f L! rs 1 1/2 s7wY '1216' REPDiNOC ULA bU333 PRa-PFY Lfvfs_� 2 NfR®YYAGIED jj S 117E42'Ejj l j, N 4JU507' W- 6549' " RS It 485J98ijW R Cf„ RS R 46.46 (2) LP.F. li x7 30.0 ?}15 wr � II PARCEL 26A —�ri � zg w � �OA TVS IS ro CrxnFY MA OV MAY 1$ 199B r IE St SL,'I /yJ ! YADC AN ACCVRA WY OF 7N£ PREWSLS j R66 14AQ4Es � R/' smjkv mwx AAo rHAr imw Alm' No USE- i {sasYm� P. • (�1 NENrs M OVCROAL7&DVI5 H9'9tE M WILE IX'Lumo onto? new Woz wow II WORE AADl TABitY i77av Nolm � PARCEL. 16 - Q 14 ACRES' / PARCEL 26A - Q 14 ACRES r, rAx AS4S91ENT MAP NO 65-A-17 t 18 PARCEL 17 - 1.68 AC74ES / PARCEL 27A - 1.68 ACHES 2 Iamar wsnwfivr w QHAw cr wif rs PARCEL 28 - 1.57 ACX'ES / PARCEL 28A - 1.57 ACRES DEW BOGY( 236 PACE m � ! IMAMS JJ9 ACRES PAGE J OF 4 THIS PLAT HAS BEAR PREPARED VATHOLIT THE DENMT OF A TITLE REPORT DATE-.. 11AY 14 1998 SCALE- 1' - 80' , t ARo DOES NOT NECESSARILY L40CATE ILL INCLUVAKES ON THE PROPERTY. OWJM MARK PURCHASW- LME W.Q / 98187 FLOOD NOTE - C 61OYAllNVITY NCY 510016J PANEL 01158 OAM 7-17-78 ENGINEERS PLANNERS I & A55=ES SURVEYORS 3078 SHAWNEE ORNE P.O. BOX 2033 WINCHESIER, MRGINIA 22601 (5401667-1103 - EDWARD W. DOVE �I I� CERT. NO. 54-17-3(A) 964 I �4bL11_ %/O/3$ -? 1 I 1 I I 0 3 8 4 pRopfR rr Lmrygo Y VACATED et i X_ w-, lfwcr fs at' c PRQIV?Tr -WED ..PARM 26A 4967 SFxz�sqfv X_ 0. 14,,A CR1 ES rl.'r -1 yx 26 o Us, x DETAIL OF PARCEL 26A SCALE- 1' = 20' II II f COVERED POYCH CaVrARVE Md fMAw a4w 1 1/2 S704y MI A I Q RESODME R044 (POS TW) hIL 2120' EE3 BARN DETAIL HOUSE DETAIL BUILDING DETAIL SCUL- I' - 20' Sa4LL- I' - 20' Sakf: I' 0 II II PAGE a- 4 THIS PLAT HAS KUJ PREPARED VAT,0JT THE BEMMT - T' l�AND DOE'S NOT NECESSARILY INDCATE ALL EIROJI"ANCES ON , =T DALE MAY 14 1998 SCALE' I' - 80' OWM aARK PURaYASM LOW wa / 98187 'TH 0 FLOW NOT - 74-17'- 78 pzayE. c CQWMUNI rY Na 51006J PANEL: MIS 6 DA TE.• ENGINFERS m EDWARD W. DOVE 11 JiPLANNERS & AssXA7:,S SURVEYORS CERT. NO. 54-17-�A) 964 3078 SHAWNEE DRIVE P.O. BOX 2033 WINCHEM, MRGINIA 22601 sulaN (540)567-1103 V 91 c� - H 9 1 i*Eli!3185 i� 4 I�. VIRGINIA: FREDM= COWdTt WE Thl�gMalydmanI wrH1 G was y)raQucad to ma op t 1s.zd'N1�/' .. and wllh carlll le Cknovded0menl thereto annexad wa Witted to record . Tax Imposad by Sec. 48.1.802 ut s, and 68.1.801 have been paid, 8 assassabla. 4ze4, X' Clerk DK9101'G0382 O,MVER'S CONSENT THIS PLAT OF THE LOT UN£ AD USTM£Nr 6E7wa PARCELS 26, 27 & 24 IS MADE WTH THE FULL D£57RE AND CONSENT OF THE UNDERSZNED OHNERS SANDRA LOl£—�r��c[�(a� fI. a i/� DATF RIaMRO A. RHODES DATE SrCOUNrYOF fi}-W)' L a n, l cz T D , n Q 2�_ A NOTARY PUBLIC IN AND FLIP ME COUNTY AAO STA LE AfLi4Ma 00 NOPEBY 0PlYY 17.yQ�,'nr S2fL�fQ. �YG' , ,�grdA�Lodes osE NAULS ARE'. TO 7HE fOREr&NC WPYRNO DA70 -1 HAW A4PSUYALLY APP£ARID BETVRE UE W AlY C0UN7Y AFDgs4A2 AND AUCNOW- LEDGED L7C SAME 1MS NO1 DAY Cf �LiliG. Mr cowAG av Dpmfs 0 oa ft TARY V r✓ a STA IE aF COUNTY Of A NOTARY PLar P/ AND FW THE COLWTY AAD STA TF AM S44 00 AmP®Y my7PY IXAr INlOSE NAMES ARf 9MO 70 THE FOWCaNG N"I NG DATED HAW Pp"IALLY APpfMEU BEFCW£ M& FM MY CO WrY AFAPEW4 AND AOMW- LL UGM PC 941.£ aKN LFAXR MY RAW TNS DAr LY /0 NOTARY PtaX MY coAilmLri DPOEES iws PIAr HAS SM PREPARED wnOff IHE RUAM OF A not REPom DATE 1/AY IQ 1998 SALE 1' BD' AEo oaES NOT NECESSARLY r Ulff ALL ENDAMANCES ON nE rrtOPrAn. TH op ENGINEERS i PLANNERS EDWARD W. DOVE & AS,9=ES SURVEYORS II r �1`177/-T3•() 964 3078 SHAWNEE ORNE P.O. 60X 2033 i SURD YANCHEM, VIRGINIA, 22601 (540)867-1103 I i 9io/as=- llltil�Jl�(�J83 \vim\ �.'�S.r1•'r•: �..-x : i F (... /\ �'9'7-j POST FOUND LRF .:� f PRa°E1PTYLAVE { i HERMY VACA70 N 4/ U6 *2' w RS x RS ;16ls- �x � II rx yI �► t � { PARCEL 27A mtPARCEL) 28Aj" I it 729" SF. h1. 6QJIJ SF. j ! I 1.68 ACRES S1I p p 1.57 AS N 4575,4J' W h TRj 3H99' Rs r—x--x— Rs �I I' p �1 (S[I .veil J) 1pr I u 1216„ 1 -. rK 1 !n sTavr l RE9DENC£ I =7 �I . tq Q I I svr� � II �� j;l•• A?� hI � � � � PRO'1:RTY l916S U '��. 2 • HE'REBY YAG70 j�� 1 1 t N 4JU5 07' W- III 6549 Rs W II RS III RS RS 1 ` �u h. i I l'ii x1 RA f oiwU � i ' uv ro L4: • SMAIC� »6 42' �1 II 7.6J• I / 48W,1611 W 1 i � AN7 I PARCEL 26A -I�`� r 29 w fY A� a 14 AL tl 6 r1,5 A RIB (siMv ff31 IP.F. Si1,�fM" I PAR a 28 - a 14 AQ4ES / PARCEI 26A - a 14 AQI PAgM 17 - 1.68 ACRES / PARCEL 27A - 1.68 ACRES PARCEL 26 - 1.57 AQVS / PARCEL 28.1 a 1.57 ACRES 139 AMES 1J9 Ap?ES tr x iWS IS 1U CEP77FY THAT ON HAY 1$ 199E l HADE AN AMWA7E Y.WKY OF THE PREWSES Show HEREoAL AHD THAT THERE ARE NO EASE- MENTS OR ENCRLN0WDVTS K57AE ON THE CRDUNO OTHER THAN THOSE 9i0W HEWW NOTES 1 1. TAX ASSESSMENT YAP Ha 65-A-17 t 26 z CURRENT INSTRUHENf W Q4ALV OF n7L£ Ls I DEED BOOK 236 PACE 471 !I PAGE J Or 4 TIRS PUT HAS 8M PREPARED WITHOUT THc BENEIIr a A Inl REvarrT DALE• MAY 1$ 1996 I AND DOES NOT Y NKATE ALL ENLUBRAHa OM 11E PROPERTY. OWAM CLARK PURWASM LOW I Wa / 961,67 7tw . r r wimiTY Aa' S1/XA4J PANEL- o115 s DATE' 7-17-78 &AholWfd ENGINEERS PLANNERS & ASS=ES SUR&YORS 3078 SHAWNEE ORNE P.O. BOX 2033 WINCHESTFR, VIRGINIA 22601 (540)667-1103 W SCALE- 1' - 60' � TH f oo x� ►`u EDWARD W. DOVE 0 CERT. NO. �I sA-,�-x�l ss4 >tSuRN 1 G;'910Ft;O3s4 x PRL1°tF 1Y LANE Hm®Y VAG TED PARCEL 26A ,, J I 5�967 SF. WD 0.14 ACRES [_I�r^I..r sw � Ix j � ��.x • � r—�. 1.1' �I � 26 rr.e' �'.1 ', r N. 1 x I �x DET1/L OF PARCEL 26A SCALE l' - 20' I I I i II i I COMM mar pavmj cavmlr �I I J2� G4AIEI f� � 1 B4MY R! 1 1/2 SIM amWlar f—+FRAW WXREsma I �I � MOOS 1 �'I lrao.Isr� I zr h' � o COLf74m ' I�➢2' 121•�� PQPdI !� I I� I BARN DETAIL HOUSE DETAIL BUILDING DETAIL SaAeE 1- _ 20' SCALE 1' n 20' SCALD 1- a ?0 l 1 TH5 Put HAS U-94 PREPARED MTI/OUT 7K BEMMT OF A nnE REPORT' • MAY 1$ 1998 SCALE- 1- 0 80' ND WADOES NOT KCMARIY NOIGTE ILL MPWRANOES ON f1E PROPERTY, OMM CLAW PURCNAS£R.- LOW W.Q / 98187 iH op F1 NOTE - I yf IONS C COMMUNITY Na 510063 PANEL* 0115 0 OAIE 7-17-78 x 0J I mit ENGINEERS I EDWARD W. DOVE P (1 1 1 94 A A SURVE'lORS PLANNERS � CERT. N0. N �� 3078 SHAWNEE ORNE �9 �0� P.O. BOX 2033 WINCHEM, VIRGINIA 22601 (540)667-1103 H 9 1 0 85 MGINIA: MMEMCX MUKIX = I �InstrumentThl wrM Q was deydand with c.rltllit.A.Cllgkllovjled(iment thereto annexa(l w record. Tax Imposed by Sec. 59.1-802 ul $ 68.1.601 have been paid, 9 ASSOSS8016- Clark ViewDetail Page 1 of 1 Real Estate Public Inquiry Ticket Detail • 2006 REAL ESTATE TAXES Department# : RE2006 • Ticket #: 1 143840001 ' FRQ:F Sup#: FT Name: HARVEST COMMUNITIES, INC Account#: 21191 Name 2: Map#: 165 A 27A Address: Description: 11.68 ACRES 147 CREEKSIDE LN WINCHESTER, VA 22602 Bill Date: r6/05/2006 Due Date: 06/05/2006 I� Land: $69,000 Original Bill: $436.80 Penalty Paid: Amount Owed Total Owed: Improve: $97,400 Use: Payments: $436.80- Acres: 1.68 Int Paid: 1 Discount: Other: 1 - Last Date: 06/06/2006 Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 6/5/2006 Charge 0 $436.80 $436.80 6/6/2006 Payment 12342 ($436.80) $0.00 I the print key for your browser to print a New: Search of taxes paid for this Previotas https://www.co. frederick. va.us/applications/REPublicInquiryN iewDetail. aspx 8/25/2006 ViewDetail Page 1 of 1 0 is 0 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 1 143850001 FRQ:F Sup#: Iv Name: HARVEST COMMUNITIES, INC Account#: 121192 Name 2: Map#: 65 A 28A Address:Description: 1.57 ACRES 147 CREEKSIDE LN WINCHESTER, VA 22602 Bill Date: 06/05/2006 Due Date: 06/05/2006 Land: $9,000 Improve: Use: Original Bill: $23.63 Payments: $23.63- Acres: 1.57 Penalty Paid: Int Paid: Discount: Amount Owed: Other: �— Last Date: 06/06/2006 Total Owed: r Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time Please check the website again. Date Type Transaction # Amount Balance 6/5/2006 Charge 0 $23.63 $23.63 6/6/2006 Payment 12342 ($23.63) $0.00 Use the print key for your browser to New Search a copy of taxes paid for this year. Previous https://www.co.frederick.va.us/applications/REPubliclnquiryNiewDetail.aspx 8/25/2006 ,1�9101:'G03''9 THIS DEED OF BOUNDARY LINE ADJUSTMENT, made this 1411- day of July, 1998, by and between RICHARD A. RHODES, hereinafter called "Rhodes" and SANDRA LOB, Administratrix of the Estate of DOUGLAS H. CLARK, hereinafter called "Love". WHEREAS, Rhodes is the owner of that certain tract of land designated as Parcel 26 as shown on that certain plat of survey by Edward W. Dove, Land Surveyor dated June 22, 1998, said land being the same as conveyed to Richard A. Rhodes as recorded in a deed recorded in Deed Book 799, at Page 1311 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia; WHEREAS, Douglas H. Clark and Nina M. Clark were the owners Df Parcels 27 and 28 as shown on that certain plat of survey by Edward W. Dove, Land Surveyor dated June 22, 1998, which they acquired in a deed recorded in the aforesaid Clerk's office in Deed Book 236 at Page 471; and, WHEREAS, Nina W. Clark died July 22, 19s9, survived by Douglas H. Clark; and, WHEREAS, Douglas H. Clark died February 13, 1997; and, WHEREAS, Sandra Love qualified as Administratrix of the Estate of Douglas H. Clark in the aforesaid Clerk's Office; and, WHEREAS, the parties hereto desire to enter into a Boundary Line Adjustment between their properties, as more particularly set forth on the aforesaid plat which is attached hereto and ade a part hereof, by this reference. NOW THEREFORE, Rhodes and Love agree, and do hereby, adjust hose boundary lines between Parcels 26, 27 and 28, and fix said oundary lines with regard t: each parcel as set forth on the lat attached hereto and made a part hereof, provided further NARRWN S JOHNSTON that said parties agree and do hereby vacate any property lines ATTOANEYSATLAW YAKNESTEA. VWOYUA ale) 0 1 0380 indicated on said plat as vacated and do establish any new Iboundary lines established on said plat of survey. ` WITNESS the following signatures and seals: �= 1 f I i I 1 1 11 I t ) I �wan�ara«s+ow I MGMA (SEAL) RI/CHARD A. RHODES Xl A tn� 41c_ (SEAL) SANDRA LAVE, Administratrix of the Estate of Douglas H. Clark E OF VIRGINIA, AT LARGE, /COUNTY OF , To -wit: The foregoing instrument was acknowledged before me this 'h day of July, 1998, by /Richard A. Rhodes. !ty commission expires LUIQ3� rvi 0Do Notlary P b is E OF VIRGINIjA'',, AT°LARGE, - /COUNTY OF rre_A&yt .oL To -wit: The foregoing instrument was acknowledged before me this _ day of July, 1998, by Sandra Love, Administratrix of the to of Douglas H. Clark. i006 My commission expires I I I Not�ry P c -2- .I 'I �10 a to i Do 10'IH382 O�'NNER'S CONSENT 7H7S PLAT of, 7H£ LOT LINE AD,US7M£Nr 9ETWEN PARCELS 16, 17 & 24, IS MADE IWFH 7HE FULL DESIRE AND CONSENT OF 77iE UNDERSIGNED ONNERS I� SANDRA LOI£ �! J ut�(� �I. .e J� DA7E U ) / RICHARO A. RHODES aAIIE STA 7F Or CMNTYOF "� r'GlJ�yiCK 70-Mr.• j act m e 1 a- S: D ► n P e A NO rARY PUDUC 7N AND fW ME COUNTY AA0 STATE AFOM UQ ' DO �fER®r GnP7I�Y Ci)ya Lk NAUFS ARE 9fXID ro IN£ fPkErYYNO MRITIMO DA 7m +n' �� HAW F'OPS"LLY AP°FARfD 6UWE YC COUNTY AFDnMA/a AND ACXNOW- I. �� Y' C• �LL1iC. gWpYY LAC ms DAY Ar 19�. LnrARr �,us► 31, a o a QV DOVES D YY C • J`G�tla'.r .'';. • . W• Y. �• r)• +` J STA 7F OF COUNTY Cis ro-Mt •••ror.w"•: j A NOTRY PUSUC N AND R W 7W COUNTY AM STA IF AFMSALI I Do 7E ur C1ERT7FY Pm r MNM NAL'ES AAi° 2MM ro PC f00!'cA'ND M9'IWG DA7FD HAW PERMyALLY Af1°EAAED D DWE A7& P7 MY COUNTY AFARaNa AND AQMOW- t ta= 1w SALE aWV LPM MY NMO WS DAY C11 79— ' NOTARY FL6LC MY comimC1V DOVES I PAGE 2 QF 4 THIS RAT HAS BM PREPARED WTHOUT THE 8MM OF A 7111.E REPORT DAB MAY IQ /996 s�cA' iE 1 BO' AND DHOT WCMAMY MWAX ALL ENCtWMCFS ON THE PROPERTY. OS I I gyp, TH o'p ENGINEERS i PLANNERS EDWARD W DOVE N p, —(:B TOTES SURVEYORS 4 3(N098� J �.�G(L��%r'p4' 3078 SHA�3 DRIVE P.O. BO + VIRGINIA 22601 LWINCHES'TER, � (540)867-1103 I 77 ,a3 I:, ,� i' �. •��E .car ql /\- g7. r I I S,� \`\ 61 j • Pas r rWNo �4 i _SPA" ILP.F :�Pao�fRTYLNEf�1 , \ I i fAtMY VACATED N 4/LI642• W Rs I �►�. I RS 1 aJ16.2B PARCEL 27A oIPARCEL I28A1'" ',:;::,.'�; I 72989 5F• i�1• 64111 &F. 1.6B ACRES 'A p 1.57 ACRCS N 45254J' W ' 1.P.r J899• Rs /Soil fwmr at" LAF 1. I .:..i ! pAV14iI,�fR.UE r 1 1/9 STWY ResaEviceJ .1 t i tl it •r PROPERTY tAeEs-• •• I I i I ri A I y _ �1 S 41 LIB �2' II r j 1 07' If 1 ,i ; J7.6J N 4Jx5 65.49' RS toiV 4B5J'1B��W RS RS 1� `1 O 46• . (2) 1P.r.. xi I I ur. 1}1B ` ,SARI=`� •.....:.I :...• ,?h I� Ju 12• nr�ewr 2 I' PARCEL 26A -' r29 w Y �DA� nos IS TOcERnfr 117Ar Av MAY rs 1998 ' �I Q �67 SF � 6 r S�T � R/' / MADE AN ACCURA7r Y.WKY Cr 7w PREA02s s7ioo Gem AA9 mAr mnr AR£ ND rAsr- ! !sa.vrrr9 /P.F. 5. C/P� MMTS Av fWn4aMOITY N9A:£ ov PC r•Rnm Ono? 7NAN 7NQSr S riowi Ntwck PARM 28 - a 14 Aa4ES / PARCEL 26A - a 14 ACRES ��r r, rAx AssEssrrxr MAP xa 65-A-27 t za PARE 27 - 1.68 ACWES / PARa a 27A - 1.68 ACRES z aiRRENr rNswuYrNr av OIA•W LT TIRE S PARCEL 28 - 1.57 ACRES / PARCEL 28A - 1.57 ACRES DEED BOAT 2J6 PACE 471 ! JJ9 ACRES JJ9 ACRES PAGE J Or 4 TRS PEAT HAS BEEN PREPARED wnlDUT THE BENEFIT OF A T1T E PEvoRT DAB. 61AY 1Q 1993 SCALE 1' = 80' AND DOES NOT KCES.W3r WOICATE N1 ENDIMANaS ON THE WoeMTY, ownM aARK MWASM LOW i N'a 198187 Tx 00 R= NC C0 WWTYN0: 510106J PANEL• 0115 H DAIE 7-17-78 f our PLMINNEERSS WIDC�n C£RT. NO. �Q & A-(:S ITES SURVEYORS :! 54-,7-3(A) 964 3078 SHAWNEE OWE I �q �PIL�f` Q P.O. BOX 2033 1� SUIRO i WINCHESTER. VIROINIA 22601 (S40)667-1103 0FG0384 !� xPRA°£Jt1YLM`£ HTREHY ✓ACAUV FEWCE 15 Q 11 QN k PRORR%Y �} , C4 PARCEL 26A"((-��t _� 967 Sr. 1w 0.14 ACRES L -z—'-`N— 1 -gOJZ i' C >i 'I 21 I� 4 I I x ur I �0A o DETAIL OF PARCEL 26A SCALE- 1' - 20' Mr CO � CQVCIOEJF J14 .r` 4E zr N ft' raw. � 1 1/2 swy ABlw al YRESOViX jIW" 1£n(Pas ) I mo• � e COLfl7m 111'V�CQVC. PO.4Gf BARN DETAIL HOUSE DETAIL SCALE 1' - 20' SCALE-- 1' - 20' THIS PUT HAS MEN PREPARED MITNOUT THE RENETIT OF A TITLE REDORT OAS. A/AY 1$ 1998 Am DOES NOT NEXMIAY WMATE ALL ENCIMINANCES ON TIE PROPERTY. Owen CAW PURL7IASER. LOSE Wa / 98187 FLOOD NOT - IONS CL>< MAVITY Na 5100M PANEL: 0115 8 DATE 7-17-78 DmENGINEERS PLANNERS & hJS=CES SURVEYORS - 3078 SHAWNEE DRIVE P.O. BOX 2033 WINCHESI . VIRGINIA 22601 BUILDING DETAIL SCALE: 1' - 2o' PACE 4 OF 4 SCALE 1' - 80' I L�` H op l �I +I {1 EDWARD W. DOVE 11 h CERT. HO. N I 5h17— A) 964 I //D/` 37 VWGWtA: FREDISW COUNT( WE Thl lna►rumant wrl" Q Wa4 pj!, uoad to ma o 1� �deya 19.Y�at.J�.ill and with oorlit to cknavrledomen► ►hereta annexad wa�j�flled t0 recor0. Tax Imposed by Sea. 48.1.602 ul $ / !/ ,end 68.1.801 have been paid. Y assessable. /,/-) `„ (/ ,Clerk 05002894E 0 N W TAX MAP NoS. 65-A-27-A and 65-A-28-A GRANTEES' ADDRESS: 147 CREEKSIDE LANE„ MNCHESTER, VIRGlNU122602 CONSIDERATION $375,000.00 THIS DEED PREPARED BY PHIIIP E, GROVES, ATTORNEYAT LAW,132 S. CAMERoN ST., WINCHESTER, VA 22601 Tms DEED, made and dated this 131h day of December, 2005, by and between LARRY W. BURACKER and ELDA M. BURACKER, husband and wife, Grantors, parties of the first part; and HARVEST COMMUNITIES, INC., a Virginia corporation, hereinafter called the Grantees, parties of the second part. WITNESSETH: That for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors hereby grant and convey, with General Warranty unto the Grantees, in fee simple, all the following real estate: All those certain lots, pieces or parcels of land, with all improvements thereon, in Stonewall District, Frederick County, Virginia, designated as Parcel 27A and Parcel 28A on that certain plat by Edward W. Dove, L. S. dated June 22,1998, of record with a deed of boundary line adjustment dated July 14,1998, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 910 at page 379; and being the same properties conveyed to the Grantors herein by deed dated July 31,1998 from Douglas L. Clarke, Sr, et als, of record in said clerk's office in Deed Book 912 at page 433. Further reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. c�svoa �9�r� WITNESS the following signatures and seals; LARRY ,�i�. r� Al All STATE of VIRGINIA CITY of WINCHESTER, to -wit. The foregoing instrument was acknowledged before me this 13th day of December, 2005, by LARRY W. BURACKER and ELDA M. BURACKER My commission expires April 30, 2009. i i Nor T�C � Vt '61NIN PREDERI , COUNV• SCt'. This instrument of writing p roduced w me on ' — at eto annexed aii0 with certificate of acknowled�cg by Secv 5s t 902 of was admitted to record. T ►mt i ad 58.1.801 have been paid, if ;,ssessable S � oCooa29��" ViewDetail Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006. Ticket #: 1143840001 FRQ:r1 Sup#: Iv Name: HARVEST COMMUNITIES, INC Account#: 121191 Name 2: Map#; 165 A 27A Address: Description: 1.68 ACRES 147 CREEKSIDE LN WINCHESTER, VA 22602 Bill Date: [06/05/2006 Due Date: 06/05/2006 Land: $69,000 Improve: $97,400 Use: Original Bill: $436.80 Payments: $436.80- Acres: �� 1.68 Penalty Paid: Int Paid: Discount: Amount Owed Other: �— Last Date: 06/06/2006 Total Owed: F Penalty: �— Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 6/5/2006 Charge 0 $436.80 $436.80 6/6/2006 Payment 12342 ($436.80) $0.00 1 e the print key for your browser to print a New Search of taxes paid for this Previous https://www.co.frederick.va.us/applications/REPubliclnquiryNiewDetail.aspx 8/25/2006 a 'V iewDetail � � Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 1 143850001 FRQ:F Sup#: Iv Naive: HARVEST COMMUNITIES, INC Account#: 21192 Name 2: Map#: 65 A 28A Address: Description: 11.57 ACRES 1147 CREEKSIDE LN WINCHESTER, VA 22602 Bill Date: 06/05/2006 Due Date: 06/05/2006 Land: $9,000 Improve: Use: Original Bill: $23.63 Payments: $23.63- Acres: 11.57 aid: Penalty Paid:[ - Int Paid: Discount: Amount Owed Other: Last Date: 06/06/2006 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time Please check the website again. Date Type Transaction # Aniount Balance 6/5/2006 Charge 0 $23.63 $23.63 6/6/2006 Payment 12342 ($23.63) $0.00 1 se the print key for your browser to New Search a cove of taxes paid for this Previous https://www.co.frederick.va.us/applications/REPubliclnquiryNiewDetail.aspx 8/25/2006 0 0 Deed to Property Verification of Taxes Paid JAN 1 6 2007 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: January 16, 2007 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 #11-06 for Abram's Chase. 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 NONE. Harvest Properties 147 Creekside Lane Winchester, VA 22602 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • 0 � ,_ u nnnn�aA(1001 830001 �( DATE a :2 �a- C, Zo NO. 9105 RECEIVED FROM AyD JDJRESS t DOL RS $ 33 � `> J FOR FOR AMT. OF ACCOUNT CASH AMT. PAID 3��5, CHECK ^^�� BALANCE DUE MONEY ORDER *Balance Due $ Pd by DEPT OF PLANNING Check 13532.00 # CKS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 8/2006 �5 /28/2006 JO/CJ 08133 7,AS P 32.00 32.00 .00 .00 32.00 .00 eat .v ASS �%5:00 am i�cnes. ,09 cnea�a.. • ` • • Gij ace n`je' T A X R E C E I P T a eshe�e\n �DERI CK COUNTY oc be\icf. near �e5 WILLIAM ORNDOFF, JR P.O. BOX 225 / WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING DEPT OF PLANNING r� Ticket #:00005480001 Date 8/28/2006 Register: CJO/CJ Trans. #: 08133 Dept # 1095 Acct# Previous Balance $ 100.00 Principal Being Paid $ 100.00 Penalty $ .00 Interest $ .00 Amount Paid $ 100.00 *Balance Due $ .00 Pd by DEPT OF PLANNING Check 13532.00 # CKS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 8/2006 0 0 ft� GREENWAY ENGINEERING %47 151 Windy Hill Lane E n Winchester, Virginia 22602 TRANS M I TTAL Project Name: Abram's Chase Rezoning Proffer Statement File No: 4545H Date January 12, 2007 To: FC Planning From: Evan Wyatt/ Attn: Candice Perkins GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ® For Your Review Message: Hi Candice, ® Courier ® As You Requested JA N 1 2 2007 ❑ Pick Up ❑ Please Comment Please find attached the final Proffer Statement for Abram's Chase that has been revised to reflect the additional monetary contribution offered during the January 10, 2007 Board of Supervisors meeting. Please provide me with your final approval letter for this rezoning application at your earliest possible convenience. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: GREENWAY ENGINEERING DEC 1 20,06 1531 Windy I lill Lane Winchester, Virginia 22602 Founded in 1971 i December 1, 2006 Frederick County Planning Department Attn: Candice Perkins, AICP 107 North Kent Street Winchester, VA 22601 RE: Abram's Chase Rezoning Application Dear Candice: The Planning Commission tabled the proposed rezoning application for the Abram's Chase Subdivision on September 20, 2006 to allow the applicant an opportunity to address the concerns presented by staff. These concerns included the need for the development to provide for state street connectivity to the west, the need for improvements to Senseny Road (Route 657), the need to provide for a bicycle and pedestrian facility and concerns with a proposal to waive the community center requirement during the rezoning process. The following revisions have been made to the Abram's Chase Proffer Statement in an attempt to address these concerns: - Proffer A provides for a new Generalized Development Plan design layout that includes state street connectivity to the west, a new travel lane on Senseny Road that connects to Parkwood Circle, a turn lane into the project, a 10-foot bicycle and pedestrian facility, an ingress/egress easement for the adjoining property and eliminates the recreational area. Proffer B reduces the total number of residential lots from 14 single-family small lots to 13 single-family small lots. Proffer C(1) provides for the continuation of the public street system to allow for inter -parcel connectivity to the adjoining parcel to the west. Proffer C(2) provides for the development of an additional 12-foot westbound travel lane on Senseny Road along the frontage of the project. Proffer C(5) provides for the development of a 10-foot asphalt bicycle and pedestrian facility along the entire frontage of the project. Proffer C(6) provides for a curb cut and ingress/egress easement that will allow for the adjacent small parcel to access the internal public street in the project. - Proffer D maintains the monetary contribution recommended by the County's Development Impact Model when the rezoning application was filed. The former proffer pertaining to the community center waiver and proposed recreational values has been eliminated. Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 File # 4i4jli/EAW www.greenwayeng.com Please find attached a new Proffer Statement that has been signed by the property owner and notarized, as well as a new Generalized Development Plan for the Abram's Chase Subdivision. Please reschedule this rezoning application for the December 20, 2006 Planning Commission agenda for consideration of this new development program. Thank you for your assistance with this development proposal. Sincerely, Evan att, AICP } Grecnway Engineering Cc: Stuart Butler, Harvest Communities, Inc. Pile 114i451-1/GA\V 2 • 0 /d7\ GREENWAY ENGINEERING %47 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Abram's Chase Proffer Statement File No: 4545H Date December 22, 2006 D% 2 2 2J06 To: FC Planning From: Evan Wyatt/ Attn: Candice Perkins GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review Message: Hi Candice, ❑ As You Requested ® Please Comment Please find attached the revised Abram's Chase Proffer Statement that provides for the public water and sewer easement to tax parcel 65-((A))-26A as discussed during the 12-20-06 Planning Commission meeting. This easement has been included under Section C(6) of the Proffer Statement. I have also attached 28 color 11 x 17 copies of the GDP Exhibit and the Concept Land Use Plan Exhibit for the Board of Supervisors agenda. Please contact me if you have any questions or if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: • 0 ft�N GREENWAY ENGINEERING %47 151 Windy Hill Lane Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Abram's Chase Rezoning Application File No: 4545H Date December 1, 2006 To: FC Planning From: Evan Wyatt/ Attn: Candice Perkins GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 DEC 1 21'" Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ❑ For Your Review ® As You Requested ❑ Please Comment Message: Hi Candice, Please find attached the original revised Proffer Statement for Abram's Chase that has been signed and notarized, as well as 44 color 11 x 17 copies of the following maps for the December 2006 Planning Commission meeting: ,Abram's Chase Generalized Development Plan; Senseny Road / Maloy Drive Conceptual Development Plan; SWSA & UDA Map; Location and Zoning Map; Environmental Features Map; and Soils Map Please advise me if you need any additional information for this agenda. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: 11 May 10, 2006 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Abram's Chase Subdivision Rezoning Frederick County, Virginia Dear Evan: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 We have completed our review of the rezoning application for the Abram's Chase Subdivision and offer the following comments: Refer to Wetlands, Page ?: A detailed wetlands delineation study will be required with the master development plan submittal. Refer to Site Drainage, Page 7: During the subdivision design phase, it will be necessary to route the 100-year storms through the existing drainage swales to determine the impact on the proposed development. Any stormwater ponds shall be constructed above the maximum 100- year storm level. Refer to Solid Waste Disposal, Page 7: The narrative references the close proximity to the Greenwood Citizens' Convenience Center. This site has been scheduled to be closed within the next two (2) years. Therefore, we recommend that curbside trash pickup be provided by the developer or Home Owners' Association. This requirement should be included in the analysis and proffer statement. I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely, j Harvey trawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Planning and Development file CAProgram Files\WordPerfect Office 11\Rhonda\TEMPCOMMENTS\abram'schaserezcom.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Nance: Abram's Chase Rezoning Application File No: 4545H Date August 25, 2006 To: FC Planning Attn: Mike Ruddy Copied From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail - ® Courier ❑ Pick Up ❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: Fli Mile, Please find attached the following information for the filing of the Abranl's Chase Rezoning Application for the September 20, 2005 Plaiiii111g Coininissloll agenda: Rezoning Application, Special Limited Power of Attorney and Proffer Statement with original owner and applicant signatures. * Rezoning Application Fee + Public Hearing Sign Deposit Impact Statement, Review Agency Conurlents, Property Deed & Survey and Taxes Paid Statements * One booklet with all above information and One loose packet of all above information for reproduction 70 color copies of all Impact Statement and Proffer Statement Exhibits Please advise nle if you need any additional information for the Abranl's Chase Rezoning filing. I hallk YOU, Evall Hand Delivery and Pick Ups Only: Received By: Date: Please Print Nanne: CO Department of Planning and Develr6 f nfent 540/665-5651 FAX: 540/665-6395 April 12, 2006 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Preliminary Comments — Abrams Chase Rezoning Proposal Dear Evan: This correspondence is intended to identify issues of concern regarding the preliminary application materials for the Abrams Chase rezoning proposal. The preliminary application package, as submitted on March 21, 2006, consists of the following principal components: (1) Rezoning Application Form; (2) Impact Analysis Statement, dated March 1, 2006; (3) Proposed Proffer Statement dated March 1, 2006; and (4) Generalized Development Plan (GDP) dated March 2006. It is anticipated that these issues will be fully addressed through revisions to the application prior to its consideration by the Planning Commission and Board of Supervisors. The following comments are offered for your records: Impact Statement A. Introduction The housing type being proposed with this application is single family small lot which is intended to be marketed as a "starter home community". This starter home community reference is only mentioned in the first paragraph of the impact statement. It is unclear how this development will be affordable by first time home buyers. B. Comprehensive Policy Plan The site is not within the limits of any small area plans in the Comprehensive Policy Plan; however, the Eastern Frederick County Long Range Land Use Plan identifies the entire Senseny Road corridor for residential uses. B. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road as an improved major collector. 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 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Mr. Evan Wyatt, Greenway Engineering RE: Abrams Chase April 12, 2006 Page 2 application addresses expansion plans for these roads and that all road improvements, especially turn lanes, respect the long-term road center line. Since Senseny Road is designated as a major collector road, it requires 200' entrance spacing from all driveways and intersections. While it appears that the entrance spacing is met from Parkwood Circle, the spacing is not being met off of the adjacent residential driveways. A waiver from the Planning Commission would be required to reduce the required entrance spacing. Proffer Statement A. Generalized Development Plan The GDP submitted with the impact statement does not account for any of the residential separation buffers required on the site. The GDP does not accommodate a location for the required community center, which is required for single family small lot subdivisions. B. Recreational Amenities The proffer states that this project will contain a tot lot, park benches and an asphalt pedestrian walkway that will connect the internal sidewalk system to the community recreational area. These amenities are intended to be in -lieu of the community center that is required by ordinance. This development is not proffered age restricted and currently does not qualify for any waivers. A ten foot asphalt hiker biker path is being provided by other developments along Senseny Road and should also be provided with this development. C. Transportation Enhancements A right turn and taper is going to be installed; the proffer needs to include when this will be installed (prior to the first building permit). Also, state that the road within the development will be a public road dedicated to VDOT. The proffer states that the applicant will dedicate right-of-way sufficient "to provide for 45 feet from the existing Senseny Road (Route 657) centerline to allow for future road improvements by others". The applicant will need to verify with county staff and VDOT that there will be sufficient right-of-way to accommodate long range road plans. The exact amount of dedicated right-of-way needs to be provided along with a guarantee that th is site will construct its portion of the planned improvements. Mr. Evan Wyatt, Greenway Engineering RE: Abrams Chase April 12, 2006 Page 3 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 $3,325.00 is due upon submission of the official rezoning application. This is based on fees as of January 27, 2005. Fees may change. This application will be complete once the above issues are satisfactorily addressed, a review fee is submitted and all reviewing agency comments provided. Reviewing agencies include the following: Frederick Couny) Fire Marshal and the local fire company, Frederick County Inspections, Frederick Count) Public 11J07-ks, Frederick County Parks & Recreation, Frederick County Sanitation Authority, Frederick County Service Authority, Frederick County HRAB, Virginia Department of Transportation, and the Frederick County Attorneys Office. Please feel free to contact me should you have any questions or concerns regarding this correspondence. Sincerely, Candice E. Perkins Planner II CEM/bad cc: Harvest Communities, Inc., Attn: Stuart Butler, 147 Creekside Lane, Winchester, VA 22602 �� / 01.05. zoos Map Data Source: Frederick County, Va. GIS Department, 2006 Data • aI0 Z Environmental Features �r Z_ a W � n Sar Ct / Z y > a N nNs lil 9 NJ o 0 V L i ^ � 4 6. `s wn Graff 10 a_ a,\ ZO < U) U) w U, w v_ � w J Murphy Ct Q Q = Z U W 61 U) a z aoo m o Senseny Rd e w �aa ✓4 w �ak?l o r m i w m cl� o ::D p Q z w w Le end > w o � o o > m ZLo Q - F- Abram's Chase Parcels j w z � Z Iq 0 Cc 5 ft. Contours LU _ ° (3 U v U� Q Y Z o Z U m o Streams o` w o ° N Lakes & Ponds Feet o / m UJ o a) a, Q Z w u �o U 200 100 0 200 400 �m o o Parcel Boundaries i a LU w LL Map Data Source: Frederick County, Va. GIS Department, 2006 Data 9B 14 Le end 'y Rd 41C SODS Seser Ct Abram's Chase Parcels 41C. WEIKERT-BERKS CHANNERY SILT LOAMS, 7 TO 15 PERCENT SLOPES Parcel Boundaries - 41 D, WEIKERT-BERKS CHANNERY SILT LOAMS. 15 TO 25 PERCENT SLOPES Soils 41 E. WEIKERT-BERKS CHANNERY SILT LOAMS, 25 TO 65 PERCENT SLOPES 1B. BERKS CHANNERY SILT LOAM, 2 TO 7 PERCENT SLOPES 9B, CLEARBROOK CHANNERY SILT LOAM, 2 TO 7 PERCENT SLOPES 3B. BLAIRTON SILT LOAM, 2 TO 7 PERCENT SLOPES 9C, CLEARBROOK CHANNERY SILT LOAM, 7 TO 15 PERCENT SLOPES 3B Murphy Ct 9B Feet 200 100 0 200 400 Q cc W LU Z Z Wn m E e Z11 Cl f W v" W I;Lc .+ vX z O U) m � Q w U) J_ Q = O U Cf) U) m Q w 0 m z � v Q o z _O Of ( z w > to p (5 �_ m O Q > U) U) w wz� =) w U) Q z cn O = U z ON (DU Q 5 z T LL cn W� 0 U m O 00 N Q ED W Q m p w � Ln c Q W u O (D U U 0 o — N W Q W J Q o � ap Data Source: Frederick County, Va. GIS Department, 2006 Data U C'� Location and Zoning Map W OG °�G� O QO m n v W Z O IVASSAU DR z C7' Et0 O O°v g t�Q O° S�P� O 0 Z R\OC,E }�° °�QO 42- E PL y SWgy m 000 PQ� GP GJ Z s' P O TOMPG R AY 1111141 11141 LILYS O�G GT m 04, RO LU cc �0m 656 tup Q G) ` GOpW�N U U QSTAFFORD DR P�O�> � G CT a/� O a 5G PJ��O ��Z OO 2 co 2 pJ Z > Z �� y� L OP O m Q a O_ Q SESAR CT O WICKMAN TER o CJi > U' ? 657 OOP _ Of 2 �_ �O 0 Z cc Z Na �J O a �y/pA W U p GREENWOOD AVE p� �O MURPHY CT WAYFARING tub OR W z wIIj ✓G�9S OR a2� OQ U Z a + Q qR OR V AN GOUGH Q GLEN DR W t �`PO\OP TER SENSENv U IY Q o O p CO O L O Q O � to 2 4 DCC 9 <�� O� Q �v � m CT �P° � CO a m 2Q� ? V \ w CO O °Q �� SFNSEN y RD o o co O Iz n3� \ Z 2 < Q } m � 3 r Z z Q 0 Z U � Q z z — EpMONS O R z 0 r h U) z N 0 w = Legend ON IV C �Mp/RF�N o m� Q v Abram's Chase Parcels U) w z O LU z W Parcel Boundaries c� = v U) Q : O m z Zoning m U o LL C3 B2 (Business, General District) o o (3 CO LU 0u � N RA (Rural Areas District) Feet of C2 Q z z LU L D� o RP (Residential Performance District) 800 400 0 800 1,600 O w �6 o Q Wco LU J Q U Map Data Source: Frederick County, Va. GIS Department, 2006 Data 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 27, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #11-06 FOR ABRAM'S CHASE On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 10, 2007, 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 911-06 of Abram's Chase, submitted by Greenway Engineering, to rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for 14 single family homes on small lots. The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision in the Red Bud Magisterial District, and is identified by Property Identification Numbers 65-A-27A and 65-A-28A. 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, �' U�Lt' �. c�i�r ``ems--• Candice E. Perkins Planner Il CEP/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 65 - A- - 27-A HARVEST COMMUNITIES, INC 147 CREEKSIDE LN WINCHESTER, VA 21 Greenway Engineering 151 Windy Hill Lane 65 - A- - 15- ANDERSON FARM, LLC C/O BARBARA M HUMMER PO BOX 2145 WINCHESTER, VA 2 65 - A- - 25-B BYERS, ROBERT J & LINDA S 2159 SENSENY RD WINCHESTER, VA 2 65 - A- - 26-A LAMBERT, EDWIN L SR & VIRGINIA C 65B - 9- - 7- GOLIO, JOSEPH 123 PARKWOOD CIR WINCHESTER, VA ied correspondence was mailed to the following on from the Department of Planning and Development, Frederick 65B - 9- - 7-A WARD, WILLIAM R. JR. 65B - 9- - 8- KENNEY, BRIAN E & DIANE M 109 PARKWOOD CIR WINCHESTER,VA 2 65B - 9- - 9- JUAREZ-VELASOUEZ, JOSE B 105 PARKWOOD CIR WINCHESTER, VA 65B - 9- - 10- CHILDS, DONNA L 101 PARKWOOD CIR WINCHESTER, VA Glm'L Candice E. Perkins, Planner -II Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK /J I, W)ek k.5ae'o <_ (- , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Planner II for the Department of Planning and Development, whose name is signed to the foregoing, dated /0112 0 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this a % day of Je- csw11 �0 -) ( U My commission expires on (�� '21 boo ?) NOTARY PUBLIC C C� COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING December 8, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION # 11-06 FOR ABRAM' S CHASE On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, December 20, 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 911-06 of Abram's Chase, submitted by Greenway Engineering, to rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for 14 single family homes on small lots. The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision in the Red Bud Magisterial District, and is identified by Property Identification Numbers 65-A-27A and 65-A-28A. 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, Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 0 This is to certify that the a tached correspondence was mailed to the following on C�2 ,� D from the Department of Planning and Development, Frederick County, Virginia: 65 - A- - 27-A HARVEST COMMUNITIES, INC 147 CREEKSIDE LN WINCHESTER, VA 22602 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Lei 65 - A- - 15- ANDERSON FARM, LLC CIO BARBARA M HUMMER PO BOX 2145 WINCHESTER,VA 22604 65 - A- - 25-B BYERS, ROBERT J & LINDA S 2159 SENSENY RD WINCHESTER, VA 22602.8901 65 - A- - 26-A LAMBERT, EDWIN L SR & VIRGINIA C PO BOX 2657 WINCHESTER, VA 22604-1057 65B - 9- - 7- GOLIO, JOSEPH 123 PARKWOOD CIR WINCHESTER, VA 22602.6730 STATE OF VIRGINIA COUNTY OF FREDERICK 65B - 9- - 7-A WARD, WILLIAM R. JR. PO BOX 2071 WINCHESTER, VA 22604.1271 65B - 9- - 8- KENNEY, BRIAN E & DIANE M 109 PARKWOOD CIR WINCHESTER, VA 22602.6730 65B - 9- - 9- JUAREZ-VELASOUEZ, JOSE B 105 PARKWOOD CIR 22602 6730 WINCHESTER, VA 65B - 9- - 10- CHILDS, DONNA L 101 PARKWOOD CIR WINCHESTER, VA 22602.6730 Candice E. Perkins, Planner II Frederick County Planning Dept. I, _ , a Notary Public in and for the State and County aforesaid, do reby certify that CandAce E. Perkins, Planner 11 for the Dep m nt of Planning and Development, whose name is signed to the foregoing, dated ),Ll Us „ , has personally appeared before me and acknowledged the same in my State and ounty aforesaid. Given under my hand this ff - day of &&da A- 2 QV6 My commission expires on NOTARY PUB IC COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 6, 2006 TO: TIIE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 411-06 FOR ABRAM'S CHASE On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 20, 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 911-06 of Abram's Chase, submitted by Greenway Engineering, to rezone 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for 14 single family homes on small lots. The property fronts on the north side of Senseny Road (Route 657) adjacent to the Parkwood Manor Subdivision in the Red Bud Magisterial District, and is identified by Property Identification Numbers 65-A-27A and 65-A-28A. 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: w,Aryv.co.frederick.va.us. Sincerely, Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify the t he attached correspondence was mailed to the following on qfrom the Department of Planning and Development, Frederick County, Virginia: 65B - 9- - 7-A 65 - A- - 27-A WARD, WILLIAM R. JR. HARVEST COMMUNITIES, INC 147 CREEKSIDE LN PO BOX 2071 WINCHESTER, VA 22602 WINCHESTER, VA 22604.1271 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 65 - A- - 15- ANDERSON FARM, LLC CIO BARBARA M HUMMER PO BOX 2145 WINCHESTER, VA 22604 65 - A- - 25-B BYERS, ROBERT J & LINDA S 2159SENSENY RD WINCHESTER, VA 22602.8901 65 - A- - 26-A LAMBERT, EDWIN L SR & VIRGINIA C PO BOX 2657 WINCHESTER, VA 22604.1857 65B - 9- - 7- GOLIO, JOSEPH 123 PARKWOOD CIR WINCHESTER, VA 22602.6730 STATE OF VIRGINIA COUNTY OF FREDERICK 65B - 9- - 8- KENNEY, BRIAN E & DIANE M 109 PARKWOOD CIR WINCHESTER, VA 22602.6730 65B - 9- - 9- JUAREZ-VELASOUEZ, JOSE B 105 PARKWOOD CIR WINCHESTER,VA 22602.6730 65B - 9- - 10- CHILDS, DONNA L 101 PARKWOOD CIR WINCHESTER, VA 22602.6730 U � andice E. Perkins, Planner II Frederick County Planning Dept. a Notary Public in and for the State and County aforesaid, do 8ereby certify that Pndice E. Perkins, Planner II for the T-1 pa •tment of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State nd County aforesaid. Given under my hand this day of�i,2h��d�� My commission expires on� O 1 NOTARY UBLIC kF2, *BARBARA-DATA PROCESSING ��k�& 'S _� 771, a�� FROM:BEV - PI nning Dept. Please prin sets of I els by 8 6 THANKS! 5. The Code of Virginia allows us to request fu. relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Harvest Communities, Inc., Stuart Butler, President 6. A) Current Use of the Property: Residential B) Proposed Use of the Property: Residential 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 55K-1-1-24A Open Space RP 65-A-15 Agricultural RA 65-A-2513 . Residential RA 65-A-26A Residential RA 65 B-9-7 Residential RP 6513-9-7A Residential RP 6513-9-8 Residential RP 65 B-9-9 Residential RP 6513-9-10 . Residential RP 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): Fronting on the north side of Senseny Road (Route 657). adjacent to the Parkwood Manor Subdivision. r P'r2 � C"-54-;- 0- *:BARBARA-DATA PROCESS G FROM:BEV - PI nning Dept. Please prin sets of I by 8 6 THANKS! S. The Code of Virginia allows us to request..., _ relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Harvest Communities, Inc., Stuart Butler, President 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: Residential Residential PARCEL ID NUMBER USE ZONING 55K-1-1-24A Open Space RP 65-A-15 Agricultural RA 65-A-25B Residential RA 65-A-26A Residential RA 65B-9-7 Residential RP 65B-9-7A Residential RP 6513-9-8 Residential RP 65B-9-9 Residential RP 65B-9-10 Residential RP 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): Fronting on the north side of Senseny Road (Route 657), adjacent to the Parkwood Manor Subdivision. C -5— (Commissioner Ours was absent from the meeting.) Rezoning 911-06 of Abram's Chase, submitted by Greenway Engineering, to rezone 3.25 acres from RA (Rural Areas) to RP (Residential Performance) District with proffers for 14 single-family homes on small lots. This property fronts on the north side of Senseny Road (Rt. 657), adjacent to the Parkwood Manor Subdivision. The property is further identified with P.I.N. 65-A-27A and 65-A-28A in the Red Bud Magisterial District. Action — Tabled for 90 Days Planner Candice E. Perkins reported that the Abram's Chase application is a request to rezone 3.25 acres to the RP (Residential Perfonnance) District to acconunodate 14 single-family, small -lot units with an overall density of 4.3 units per acre. Ms. Perkins said the site is within the Eastern Frederick County Long Range Land Use Plan as proposed residential and is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). Ms. Perkins next summarized the proffer statement submitted by the applicant. She noted that the recreational amenities provided with the proffer were in -lieu of a community center building, if waived by the Board of Supervisors. She commented that staff believed this proffer is inappropriate because a waiver cannot be sought for the community center until the master development plan (MDP) stage of the process. Ms. Perkins also reported that staff has identified a number of issues that still need to be resolved by the applicant. Specifically, this application has not addressed the Senseny Road improvements, the construction of a bike/pedestrian facility, inter -parcel connections, monetary proffers, and the recreational requirements of the development. Mr. Evan A. Wyatt with Greenway Engineering was representing the property owner, Harvest Communities, Inc., in this rezoning application. Mr. Wyatt said that regarding the inter -parcel connectivity, the adjoining developments have been designed in such a fashion where connectivity is not conducive for roads like Parkwood Circle or the roads in their project. Regarding the Senseny Road improvements, he said they were willing to construct both an additional travel lane along the frontage of their property, as well as a turn/taper lane; however, the construction of these improvements would necessitate them eliminating their previous proffer of $1,000 per unit under Transportation Enhancements. Mr. Wyatt said since the north side of Senseny Road has now been established as the County's designated area for the bicycle/ pedestrian facility, they would be willing to construct the ten -foot asphalt pedestrian trail within their road efficiency buffer. He added that they were also willing to amend their proffer statement to reflect the new fiscal impact model amount that was recently adopted by the Board. Conunissioner Unger asked Mr. Wyatt about the possibility of doing an inter -parcel connector at the cul-de-sac to the east, in case that area would develop in the future. Mr. Wyatt pointed out a drainage area through that particular location; he said it could be difficult and expensive to build a road system through there, especially for the few parcels it would benefit. In addition, he said it would compromise the area where they planned to place their recreational amenities. He also pointed out that the other open area on the site was designated for their stormwater detention. Conunissioner Kerr inquired if the vacant lot on Parkwood Circle could possibly be acquired to tie into Park -wood Circle. Mr. Wyatt said they had not looked into that possibility. Commissioner Oates comnnented that the wetlands study within the application involved simply examining the County's GIS database, which in his experience, was lacking. Commissioner Oates asked Mr. Wyatt if he had a professional look at the wetlands, since a considerable amount of this property was within the Frederick County Planning Commission Page 1859 Minutes of September 20, 2006 • —6— floodplain. Mr. Wyatt said they assumed the low area of the property will have wetlands; he said the County Engineer is requesting a wetlands delineation study to be submitted with the MDP. Commissioner Oates said that if the wetlands go far enough to the west, the applicant may lose an entire block of housing below the road; he said the applicant may have to think about moving the road and placing homes just on one side. Mr. Wyatt said that as a result of a site -distance study they conducted, the location of the road is pretty much set. Mr. Wyatt assured the Commission the wetland delineation study will be conducted, if the rezoning is approved. Chairman Wilmot asked Mr. Wyatt if the parcel remaining on Senseny Road was a residence; she asked if there was an opportunity for that lot to tie into this project's road. Mr. Wyatt replied there was a mobile home on the site. Mr. Wyatt said they would not have a problem, if the owner desired to do that. He said they could grant them an access easement to do so. Chairman Wilmot next called for public comments. Ms. JoAnn Leonardis, a resident of the Red Bud District, came forward to speak in opposition to this rezoning. Ms. Leonardis said that just because there is a similar development next door, does not mean there should be another one like it and it doesn't mean it is the right thing. She said that just because there are other neighborhoods without connectivity, does not mean another one should be built. Ms. Leonardis said the Planning Department's web site gives ten principles for smart growth and the first one is to create a shared vision of the future; she questioned whether the proposed development supported the County's vision for the future. She noted there was a considerable amount of vacant land adjoining this project and across Senseny Road; she questioned what would be proposed for those areas. Ms. Leonardis said there has been discussion about urban centers and planning for the future; she asked if the 14 homes proposed here was good planning. She noted the second principle for smart growth was to identify and sustain green infrastructure; she suggested the wetlands here be made into something beautiful, with a public place and pedestrian paths. There was no one else wishing to speak and Chairman Wilmot closed the public comment portion of the meeting. Planning Director, Eric R Lawrence, stated that the inter -parcel connection is required by an ordinance adopted by the County in approximately June of 2005 and is not a debatable issue. Mr. Lawrence said this issue will have to be addressed, unless the inter -parcel connection is waived by the Board. Mr. Lawrence stated it was also not appropriate for the applicant to adjust the cash proffer contribution at this point in the process; he said when an applicant submits a rezoning application to the county for consideration, that is the model to be considered. Regarding the issue of the waiver of the comrnunity center, Mr. Lawrence said the ordinance states the waiver is sought at the MDP stage; however, if there is no required MDP, it is done at the j subdivision stage. He explained that the Board of Supervisors will see either the MDP or the subdivision and that is the level where consideration of the waiver should be taken. In addition, Mr. Lawrence addressed the issue of the entrance separation along Senseny Road; he said the VDOT subdivision design manual recormiiends a 500- foot separation; therefore, the 200 foot proposed certainly does not meet the desired separation. Commissioners said they were having difficulty finding any redeeming values in the proposal from a planning standpoint. They were also concerned this project may set a precedent for similar developments. The possibility of having six cul-de-sacs within a 1,200-foot distance, each with 134 trips per day, was reason enough for concern, let alone the existing traffic problems along Senseny Road. They questioned whether approving this rezoning as presented would be good planning for Frederick County. Commissioner Mohn believed all of the comments made were a good representation of where the County would like to proceed with development in the UDA. However, he was concerned about the next step for this particular area, which seemed to be a conglomeration of small parcels. He said this area is within the UDA Frederick County Planning Commission Page 1859 Minutes of September 20, 2006 and it is plarmed for residential; he questioned how these parcels will be integrated to create good planning. In fairness to the property owners, he said the County may be waiting a long time for land to assemble and come up with a solution. He suggested the County may be able to help, through the UDA Study, with identifying what the alternative could be and making sure it functions properly. Conunissioner Kerr said he would like to see the applicant be given more time to address some of the issues because he believed there was away to make this project work. He said he didn't support the project as it was presented, but, unfortunately, it is an in -fill situation, which makes it difficult. Commissioner Kerr suggested that the applicant be given the opportunity to go back and address the issues that were raised. Upon motion made by Commissioner Kerr and seconded by Commissioner Kriz, BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby agree to table Rezoning # 11-06 of Abram's Chase, submitted by Greenway Engineering, to rezone 3.25 acres from RA (Rural Areas) to RP (Residential Performance) District, for 90 days, in order to give the applicant time to address the issues raised. YES (TO TABLE): Unger, Watt, Manuel, Morris, Oates, Light, Wilmot, Kriz, Triplett, Kerr, Mohn Commissioner Ours was absent from the meeting.) Rezoning 910-06 of Albin Center, submitted by Artz & Associates, to rezone 2.07 acres from RA (Rural Areas) District to B2 (Business General) District with proffers for commercial use. The property is located on the east side of Bryarly Road (Rt. 789), approximately 800 feet south of the intersection with Burnt Church Road (Rt. 678). The property is further identified by P.I.N. 42-A-249 in the Gainesboro Magisterial District. Commissioner Manuel said he would abstain from all discussion and voting on this rezoning, due to a possible conflict of interest. Senior Planner Susan K. Eddy reported that the applicant proposes to construct a two-story building with 25,000 square feet of floor space and a building height of 60 feet on a vacant site. Ms. Eddy said all of the properties surrounding this site are zoned RA (Rural Areas). She said the site is located outside of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). Ms. Eddy said the site is within the Albin Rural Community Center of the Comprehensive Policy Plan. Although the Comprehensive Plan was not specific regarding policies for the Albin Rural Community Center, there were some general policies, which she read for the Commission. One in particular said to promote "village commercial development at a scale and nature that is appropriate for the rural community center." She said typically, expected uses would be general store, bank, and restaurant in a rural community center; however, in this case, the proposal is for office use, which is not necessarily designed to serve the local community. She added that the height and size of the structure will be out of character and overwhelm its surroundings. She further added that the buildings in the Albin Rural Community Center are approximately 25 feet in height with an average of 2,000 square -feet of floor Frederick County Planning Commission Minutes of September 20, 2006 ww :As a'uoma ° V3NV 'M'O'N z DO \ TIOUIO aOOM3iand aOVdS N3dO ------ IL El _-_- z,J=-- - dN3031 p p C _ mod! NidO \ Q \\\\ �l r Z ` 3OVdS N3dO c?p 09 O OE 4.9 ; Q_ - \ \ \ ` \ M/a ,OS inviS onand tea\ Z 30VdS NJdQ� MA \ \\� ` \`\ \�\ \ \\\ `` \` \\ \ V3tiv x - �`\ \ \`. ♦\ ♦\ \ \ \ \ ` \ IVNO11V3tl03tl \ \ \ 1 V\ \ \ \ \ \ \ \ \ A11Nnwwoo ` _ 30VdS N3dO I ` \ \ \ \ 1 \ I, ! Z Valley Mill Rd SWSA - UDA U-1 CID z U < LIj z Y- 0 (-D U) LIJ Q Cf) to Legend0 0 Feet uj U) C? UJ Z S 0 cr w 1 0. Abram's Chase Parcels 1,000 500 0 1,000 2,000 < 0 Z < Z LL C� 0 CL SWSA U) z N 0 M 0 CD -Fu ui =D) Lu UDA SWSA CD uj w 7 Parcel Boundaries o L < 0 u- IMap Data Source: Frederick County, Va. GIs Department, 2006 Data a z W W z z W D rn a z - T nc 6 YJ G W cc = �3 vmk m e F' 7 s wm PCf o ✓`�asa� O, cn w r O Q m Legend Z5 o Ui U- � � z > w 0 Abram's Chase Parcels / _ mZ U) 2 � w z � LO LO I _ w z t- = w m 5 ft. Contours ° Q o LL Streams O` "'w o�°o Z 0 Lakes & Ponds`' " Feet o` c G QG Q ,i V z CO o Q w N M o 200 100 0 200 400 o co ,� aim Parcel Boundaries u; QQ W 0 ap Data Source: Frederick County. Va. GIS Department, 2006 Data 9B ws�,-. 41C W 41D SODS Sesar Ct Le end Abram's Chase Parcels (j 41C, WEIKERT-BERKS CHANNERY SILT LOAMS, 7 TO 15 PERCENT SLOPES Parcel Boundaries - 41 D. WEIKERT-BERKS CHANNERY SILT LOAMS, 15 TO 25 PERCENT SLOPES SOIIS� 41 E, WEIKERT-BERKS CHANNERY SILT LOAMS, 25 TO 65 PERCENT SLOPES 1B, BERKS CHANNERY SILT LOAM, 2 TO 7 PERCENT SLOPES 9B, CLEARBROOK CHANNERY SILT LOAM, 2 TO 7 PERCENT SLOPES 3B. BLAIRTON SILT LOAM, 2 TO 7 PERCENT SLOPES ; 9C. CLEARBROOK CHANNERY SILT LOAM. 7 TO 15 PERCENT SLOPES 41E ca 0 W LU Z ca Z W ro n � a re w E 0 Z => awe nrl's W W a, m m� o o a a, 0 mti Vrac 2 e %e a Re...- L—, f`♦ 913 Feet 200 100 0 200 400 Q z _O > cn Q J CD D U) w C� Q z = z U O cn w Q m Q w r m F- LU U Q z IY Z 0 U) 0 w � � o J > L Q >: u7 w Z o ~ =) w Q Y z LL m o CD 0 O0 w Q w Cr o of o U L.L cD c o — o N w w J 313 Map Data Source. Frederick County, Va. GIS Department, 2006 Data U Location and Zoning Map X W Op m v W Z � NASSAV O Z I _ V9 "°v °° Z , R ,o°E �° O+ 10 d �qR lygy t" % G2` Z OjOMP P AY \-10 S W v03 �� GTO� A �p RO ujo cc a x Zz, 656 J O _w Q QT _j N STAFFORD DR v °�� Q <i,G °� !( Ali 1< GOO WIN CT U f= 2 � Q G� P OLU CID Z 0 SESAR CT O,P O N TER WICKMA o (2 O .r 2 ? 657 GOB MONET �O Q Of 0 Cif P��\� GJ MURPHY CT �� TER CO p0 ° 27 w GREEN ENWOOpgVE 000 ✓G�9S WAYFAR/NGOR �4 OR Q QP�� Q3� VQ ta.w- V) T q ROR VAN GOUGH GI -EN OR TE R Q SENSENY � 0 z 7 Co 44/ �Q O 44jD Cv m ECC CT APO t� co } O to ITW Q U \ 0 ° o Jo o SENS NY ERO Q �Q o m � co \2 a < � cc S� 'vSy/ z _� p z z CD tic�O �° m U > ZO C5 o p Legend EoyoNSONCN R /� N 2 L Abram's Chase Parcels FAN w z0 w Parcel Boundaries(] m m = v cn Cc Q O z Zoning Z o U, Y m o o CD B2 (Business, General District) °v Q O w m o RA (Rural Areas District) Feet � 0° Q z z w � o C RP (Residential Performance District) 800 400 0 800 1,600 O w a W Q J < U � U)JI Map Data Source: Frederick County, Va. GIS Department, 2006 Data 0 • 1 10 t »e\ / 1 / WDS :An aittoaa TWOC 9aft H7WW �.a '�� ,� ; I 1 it ��-,� ` ', ''�'� % —\- `. - \ '�\\. \ V31:lV 'M'O'N — — �'- `_-�s-�- j \` \ '`J V3NV 10-lEl m o _ __ OiouiO QOOIV MUVd \ \ `� ,�`;�\` y 3�tJdS N3d0 ❑ CIN3031 ------------ 30Vd9 HMO r Z ~\\\\ 30VdS N3dO Z ,pcl 0 O of 2q ` - - _ \ ` 0 \ \ M/» ,os 13sa1S onand v vv1 \\ \\ 1 x ,A. NInvimoJtl 30tldS N3d0 \\ \ I I1 \ rri Map Data Source: Frederick County. Va. GIS Department, 2006 Data Map Data Source: Frederick County, Va. GIS Department, 2006 Data N w S E REQUESTING AGENT: DEPT. 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