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HomeMy WebLinkAbout012-06 Carriage Park - RA & MI to RP 45.44 Acres - Red Bud - Backfile4 0 � � N p m o N cc N Q o N r Y O V �4 L III� x N DATE v RECEIVED FROM c ❑ FOR ❑ FOR AMT.OF ACCOUNT CASH AMT. PAID , CHECK pZO BALANCE DUE MONEY ORDER NO. 9107 Q 'a ,? BY 1)�.✓,.fL.(2., Q o' 14,b A G `zZONING TRACKING Z Check List: Fee & Sign Deposit Application Form Deed Proffer Statement Plat/Survey Impact Analysis Taxes Paid Statement Adjoiner Lost Impact Model Run DATE 0 � k o Co Application received/file opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing 00 Lod location map ordered from Mapping e given, t� office manager to update Application Action Summary 7 0 '7 I�Ello 77 PC public hearing date ACTION: ' $ tea. o BOS public hearing date ACTION: Signed-copy-ofresolutionfor-amendmentof ordinance, with conditions proffered - [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) �,/z o Action letter mailed to applicant X/Qb Reference manual and D-base updated File given to office manager to update Application Action Summary (final action) File given to Mapping/GIS to update zoning map Zoning map amended U \Carol\Common\tracking.rm kmsed 05/09/02 k O 1 G1 CO Y o ERICK f Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 igust 3, 2006 Mr. Patrick Sowers Patton Harris Rust & Associates. 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Preliminary Comments — Carriage Park Rezoning Application Dear Patrick: Thank you for forwarding to this office the Carriage Park rezoning application materials for our continued review. The TIA for this project is dated May 6, 2005, and the version of the proffer statement is dated February 2, 2006. The following letter is offered to assist you as you continue to address the issues associated with this rezoning application. Please also consider all comments previously offered by Mike Ruddy during various meetings on this project over the past few months. As customary, 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. 1) Preliminary Matters a) The Code of Virginia, Section 15.2-2204.C. requires that the CEO of the adjacent locality is notified if the property is within 1/2 mile of the boundary of the adjoining locality. Please demonstrate if this provision of the State Code is applicable with this application. 2) Impact Analysis and Proffer Statement a) The introduction to the project in the impact statement identifies a specific mix of housing types (69 single family detached, and 92 single family attached/ townhouse units). The TIA is based on a mix of 53 single family detached and 94 townhouses. The proffer statement simply states that the property will be developed to accommodate a maximum of 165 single family dwellings, types excluded. Please provide clarification and consistency between these three documents (Impact Statement, TIA, and Proffer Statement). b) Please provide clarification as to what elements of the GDP are proffered. The proffer statement states a maximum of 165 single family units, while the GDP offers a housing mix which totals 161 residences. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Patrick Sowers RE: Preliminary Comments - Carriage Park Rezoning Application August 3, 2006 Page 2 of 4 c) It is more appropriate, and indeed necessary, to identify and address the environmental features that exist on this site as part of the rezoning exercise. Areas with environmental constraints may exist on the property that warrant particular attention and should be a consideration of the rezoning application. In particular, there appears to be areas with critical slope and drainage issues on the property. d) Access to this property is described to be via a new entrance on Route 7. Route 7 is an arterial roadway with speed limits of 55 MPH. Establishment of a new entrance onto Route 7 is strongly discouraged. As you are aware, efforts are underway to enhance and relocate Valley Mill Road so that it serves as a major collector roadway. This enhancement will provide for a more efficient transportation network, providing an important link between Senseny Road and Route 7, by way of I1 aggerty Boulevard. All efforts should be made to implement a safer and more efficient use of Valley Mill Road as the primary access route to the proposed development. e) The proffer statement, in addressing transportation, states that the applicant will privately fund all transportation improvements required for this project. It would be appropriate to identify these improvements within the proffer statement. f) The proffer statement (12.2) describes the right-in/right-out entrance on Route 7. A deceleration lane is offered, but not an acceleration lane. In considering that the traffic on this segment of Route 7 travels at speeds exceeding 55 MPH, it seems appropriate to consider extended length deceleration and acceleration land controls. g) While proffer statement 12.4 offers a gated inter -parcel conriector with the adjacent mobile home park, it may be appropriate to offer flexibility in this inter - parcel connection in the event that the mobile home park is redeveloped into a compatible use in the future that would benefit from access through the proposed development. Such a connection would further promote limited and safe access to Route 7. h) The Carriage Park application is adjacent to several developed subdivisions, properties with pending development proposals, and other undeveloped properties. Opportunities for additional inter -parcel connectivity should be evaluated and pursued with this application. In particular, to the property to the southwest. Residential development of this intensity requires pedestrian accommodations. Interparcel pedestrian connectivity should also be a consideration of this application. i) I understand that the applicant intends to offer a fiscal contribution to offset identified road improvements associated with this project. It is important to recognize in the application that, based upon the open mix (not proffered) of Mr. Patrick Sowers RE: Preliminary Comments - Carriage Park Rezoning Application August 3, 2006 Page 3 of 4 residential uses proposed in the application, 165 single family attached units would be permitted. This would generate $495,000, as opposed to the $600,000 that has been mentioned during recent discussions. At issue is whether these contributions are adequate to address impacts generated by the development proposal. Clarification should also be considered as to how the transportation funds could be utilized to improve transportation impacts generated by this proj ect. j) Consistent with County policy, it would be appropriate to ensure that any proffered transportation improvements associated with the application are provided at the beginning of the project. Any monetary contribution should be provided prior to the onset of the project and not at the time of individual building permit issuance. k) Water and wastewater evaluations provided in the impact statement should be viewed in relationship to other previously approved projects within the County. A combined and updated figure for water resources and wastewater capacity would be beneficial when determining the adequacy of the capacity and resources. 1) Recent rezoning applications have proffered that a private refuse collection service will be used to collect the solid waste generated by their particular project. It would be desirable for this application to consider such an approach. This is beneficial, as it potentially reduces the individual usage of the County's convenience sites. Reference to the number of single family attached units in the Solid Waste Disposal section should be removed unless the applicant is willing to proffer a specific mix of residential uses. I understand that modifications to the transportation proffers are forthcoming. Based on our discussion on July 281h, it is expected that the transportation component of this application will address: a demonstrated attempt to work with neighboring property owner on accessing Valley Mill Road from the proposed development; clarification as to when the proposed development entrance onto Route 7 would be closed or restricted; signalization and lane improvements or contributions you offered for a traffic signal at Route 7 and Valley Mill Road; and the linkage between the Carriage Park proposal and the other development applications your firm represents along the re -aligned Valley Mill Road corridor. Upon receipt of these written modified transportation components, staff will offer review comments on the same. Once you have addressed the above issues, as well as secured approval comments from the review agencies, it would be appropriate to formally submit this rezoning petition for consideration through the public hearing process. Formal submissions include all agency comment sheets, fully executed applications, proffer statements, Power of Attorneys, and review fees. Please refer to the rezoning application process for a complete listing of the elements necessary for formal application submission. Mr. Patrick Sowers RE: Preliminary Comments - Carriage Park Rezoning Application August 3, 2006 Page 4 of 4 Please feel free to contact Mike Ruddy, Deputy Planning Director, at any time regarding the above comments or the application in general. I look forward to continuing our participation in the review of this application. Sine rely, I %�r Er c . Lawrence Plai'ming Director ERL/bad cc: Clifford Athey Mike Ruddy, Deputy Planning Director e1 � M Fla copy COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 28, 2007 Mr. Patrick Sowers Patton Harris Rust & Associates, PC 117 E. Piccadilly St. Winchester, VA 22601 RE: REZONING #12-06, CARRIAGE PARK Dear Patrick: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of August 22, 2007. The above -referenced application was approved to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District and 15.18 acres from MH 1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 240 single family attached townhouses. The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park, in the Red Bud Magisterial District, and are identified with Property Identification Numbers 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55- A-174A, 55-A-174B and 55-A-174D. The proffer, revised July 30, 2007, which 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, Michael T. Ruddy Deputy Planning Director MRT/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 Denver Quinnelly, 22A Ricketts Dr., Winchester, VA 22601 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 r-- Xe (- SF -I) FU G. IZe nt� go' !F 8 Q `lam rS TA jC (5 REZONING APPLICATION 412-06 CARRIAGE PARK Staff Report for the Board of Supervisors Prepared: August 16, 2007 Staff Contact: Eric R. Lawrence, AICP, Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: November 1, 2006 Tabled by Planning Commission March 21, 2007 Tabled at request of Applicant April 18, 2007 Tabled by Planning Commission May 16, 2007 Recommended Denial Board of Supervisors: June 13, 2007 Tabled by BOS July 25, 2007 Returned to PC for Review of Significant Application Revisions Planning Commission: August 15, 2007 Recommended Approval Board of Supervisors: August 22, 2007 Pending Prior to the Board of Supervisors' July 25, 2007, the applicant substantially revised the application, proffer statement, and generalized development plan. This staff report has been updated to reflect the most recent request which includes a proffer statement revision dated July 30, 2007. PROPOSAL: To rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 240 single family attached townhouses. LOCATION: The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D PROPERTY ZONING: RA (Rural Areas) District and MH1 (Mobile Home Community) District PRESENT USE: Mobile Home Community, residential, and vacant. REZONING #12-06 — Carriage Park August 16, 2007 Page 2 of 17 ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential and Agricultural East: RA (Rural Areas) Use: Residential West: MHl (Mobile Home Community) Use: Mobile Home Community Review Agency Comments: See Appendix A PlanninL, & Zoninjz: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcels for which the rezoning is being requested as being zoned a combination of A-1 Agricultural and MH Mobile Home zoning classifications. 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 properties and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. The Mobile Home designation encompasses the original boundaries of the Blue Ridge Mobile Home Park. The most recent Site Plan for the development of the remaining areas of the Blue Ridge Mobile Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line Adjustment Plat was approved by the County that reorganized the parcels that make up this rezoning request. Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-174A maintained the RA zoning classification. Parcels 55-A-168 and 55-A-174D maintained the MH1 zoning classification. Parcel 55-A-174A contains both the MHl and RA zoning classification. The approval of this rezoning request would place all of the properties entirely into the RP 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. I-]] Land Use The parcels comprising this rezoning application are located within the County's Urban REZONING #12-06 Carriage Park August 16, 2007 Page 3 of 17 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 map designates the general area in which the Carriage Place property is located for residential land uses. The average overall residential density of the Urban Development Area should not exceed three units per acre. More specifically, the Zoning Ordinance stipulates that properties which contain less than one hundred acres but more than ten acres should not exceed 5.5 units per acre. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. As land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The goals of the Comprehensive Plan also include protecting the natural enviromnent from damage due to development activity, avoiding development in environmentally sensitive areas, and the identification and protection of important natural resources. A balanced approach to providing necessary transportation infrastructure in the area of the project and promoting the protection of sensitive enviromnental areas and features is warranted. Transportation The Frederick County Eastern Road Plan provides the 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). Route 7 is an arterial road whose character should be fully recognized in any rezoning application. Route 7 is characterized with high volumes of traffic traveling at rates of speed in excess of 55 miles per hour. Access management should be a key consideration. Valley Mill Road is identified as an improved major collector road in the County's Eastern Road Plan. In addition, Valley Mill Road is shown as being relocated to a new location on a new alignment. In 2005, modifications to the County's Eastern Road Plan occurred in the vicinity of this project. The modifications were completed in recognition of the changing traffic patterns in the area, the recently approved Haggerty project which provided for a new Spine Road parallel to future Route 37, and the need to avoid the historically and environmentally sensitive areas in the vicinity of the one lane bridge over Abrams Creek. Valley Mill Road is 0 0 REZONING # 12-06 Carriage Park August 16, 2007 Page 4 of 17 designated as a major collector road that traverses south of its existing location, providing a new crossing of Abram's Creek, and connecting with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. This location is immediately west of the Opequon Wastewater Treatment Facility. This approach furthers access management goals along Route 7. New development in the Urban Development Area should only be approved when roads and other infrastructure with sufficient capacity have been provided. The Comprehensive Plan identifies that a level of service "C" should be maintained on roads adjacent to and within new developments and that traffic analysis should be provided by the applicants to ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In some cases, new development may need to contribute to the provision, construction, or improvement of roads that are not adjacent to the development. In such cases, developments should contribute their fair share costs of road improvements needed to accommodate the traffic generated by a particular development. 3) Site Suitability/Environment The Carriage Park site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. Ash Hollow Run parallels Route 7 along the entire frontage of the property. Abram's Creek forms a portion of the eastern boundary of the property. A pond is located central to the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The site is predominantly heavily wooded. The application proposes development of a greater intensity in the reasonably level wooded areas and offers areas that will be set aside for environmental and open space purposes. The Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. By current County definition, this project contains relatively small areas of steep slopes. The road layout proposes access to the site directly from Valley Mill Road via a crossing of Abram's Creek and its associated floodplain, in an area that contained the steepest slopes on the property, immediately south of the intersection of Valley Mill Road and Route 7. Protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. To help achieve this, the location of the limits of disturbance could be extended beyond the proposed 100' proffered natural vegetative buffer to cover the protection 0 REZONING 412-06 Carriage Park August 16, 2007 Page 5 of 17 of the identified environmental features, including the floodplain. Presently, the limits of disturbance do not entirely cover the creeks and their associated floodplains. In addition, preservation of the existing pond should be incorporated into the project. It should be recognized that no buffer and screening ordinance requirements exist between the proposed development and the property to the southeast, Valley Mill Farm. The Applicant has attempted to address this issue in the Proffer Statement by providing for a minimum landscaped buffer, a 15 foot landscaped buffer including a double row of evergreen trees a minimum of 4 feet in height, planted on 10 foot centers, along the southern portion of the project boundary with Valley Mill Farm which is shown on the GDP. An area of mature trees serves as an existing vegetative buffer. Current County Ordinance recognizes that a 50 foot woodland strip could be utilized as a desirable and effective alternative to typical buffer and screening standards. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties. The preservation of these existing trees within a buffer area should be guaranteed in the proffer statement. Disturbance should be avoided. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this project, dated September 8, 2006, and the more recent Addendum dated July 25, 2007, projected that the development of 240 single family attached townhouse units would generate 2,088 vehicle trips per day. The report was developed with access to the site provided via an unsignalized site driveway along the west side of Route 659, Valley Mill Road. This TIA is referenced in the Proffer Statement as the TIA that the proffered transportation improvements will be designed and constructed consistent with. The September 8, 2006 TIA and July 25, 2007 Addendum are the basis for the current application, proffer statement, and Generalized Development Plan. This TIA concludes that the traffic impacts associated with the Carriage Park application are acceptable and manageable, assuming suggested improvements are in place. Suggested improvements include the signalization of the intersection of Route 659, Valley Mill Road with Route 7. The TIA identifies that this intersection will function at an unacceptable level of service without the suggested improvements. As noted previously, the Comprehensive Plan identifies that a level of service "C" should be maintained and that traffic analysis should be provided by the applicants to ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In addition, the application's proffered transportation program does not provide for the immediate construction of the signalization of Route 659, Valley Mill Road and Route 7, but delays the signalization improvement until the 5e residential building permit or within 180 days of VDOT's request to install. • 0 REZONING # 12-06 Carriage Park August 16, 2007 Page 6 of 17 Transportation Program. The Generalized Development Plan for Carriage Park delineates the general public road system that will serve the residential development. Primary access to the site is from existing Route 659 Valley Mill Road, immediately south of its intersection with Route 7, and north of the existing one lane bridge crossing of Abrams Creek. Previously, the existing section of Valley Mill Road in this area was identified as being insufficient to accommodate the traffic from this, and adjacent projects, as was the existing intersection on Route 7 without significant improvements and environmental impact. The application's proffer includes improvements to the existing section of Valley Mill Road from the projects entrance to Route 7; however, no detail of the design of these improvements has been proffered. The applications proffer also includes the construction of a traffic signal at the intersection of Valley Mill Road and Route 7; however, this will only occur prior to the issuance of the 50"' building permit. One internal public street is proposed that runs from Route 659, Valley Mill Road to the southwestern corner of the property generally adjacent and parallel to the southeastern property line. The Applicant has proffered that this road will be constructed as a two lane public roadway on a 60 foot right of way with no direct lot access permitted on the road. No other internal streets have been identified in the GDP. The location of the road provides the ability to connect to the property to the southwest of the site and to the Blue Ridge Mobile Home Park immediately west of the property. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network in the northwestern corner of the property so that the interparcel connections might be utilized with the current road configuration of the Mobile Home Park. Public inter parcel connection to the adjacent properties is proposed in the locations identified on the GDP. The proffer statement provides for the right-of-way dedication at no cost to the County should the extension of the public road from the subject property onto the southern property (Valley View Farm) be pursued. As noted previously, the Comprehensive Plan promotes an effort to enhance and relocate Valley Mill Road so that it serves as a major collector road. As an alternative to assisting in implementing the construction of the road network identified in the Comprehensive Plan, the Applicant has proffered a monetary contribution in the amount of $3,000 per single family attached townhouse unit for improvements in the general vicinity of the project, including the connection from this project to Valley Mill Road to the south, and the relocation of Valley Mill Road. The application's transportation program has been revised a number of time over the past 10 months. The latest proffer revision, dated July 30, 2007, no longer provides for the following: 0 • REZONING 412-06 Carriage Park August 16, 2007 Page 7 of 17 ■ The design of relocated Valley Mill Road in general and specifically from the project entrance to Route 7. ■ The extension of the projects public street to Valley Mill Road through the adjacent Valley Mill Farm property. ■ The design and construction of the signal on Route 7 in a manner that would accommodate the future construction of the Route 37 ramps. Omitted from the transportation program are any additional accommodations for pedestrian circulation and potential multiuse trails that would provide access internal to the project and ultimately to the adj acent residential developments. The cornments offered by the Department of Parks and Recreation relating to this effort have not been addressed. B. Sewer and Water The Carriage Place rezoning proposal is estimated to require approximately 32,200 gallons per day of water usage and approximately 32,200 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. Recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester ServiceAuthority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and proactively plan to address this issue. Requests for land use modifications should be evaluated vefy carefully in light of the evolving nutrient loading regulations. C. Community Facilities The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The schools evaluation anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. The revised housing type at 240 units would generate approximately the same amount of students. 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the Ht" elementary school opened in the fall of 2006 opened above its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build • • REZONING 412-06 Carriage Park August 16, 2007 Page 8 of 17 out and occupancy of previously approved residential projects in the UDA. The 12`1' elementary school has been identified in the current Capital Improvements Plan for this general area of the UDA. However, no site has been located or construction initiated to address the needs of additional students generated in this area of the UDA. 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 2006 update of the Development Impact Model has been followed by the Applicant in this latest submission. Based on the 2006 update, the impacts associated with entirely residential projects are fixed at $15,530 for single family attached residential dwellings. This application previously addressed community facility impacts and needs by proffering a payment consistent with the 2005 update of the DIM. 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. For each single family attached unit: $583 for fire and rescue; $12,192 for schools: $1,712 for parks and recreation; $285 for library; $513 for public safety; and $245 for General Government; $15,530 for capital improvements No rezoning should be approved unless the net impacts on community facilities are positive, or if the negative impacts can be adequately addressed through proffers or some other means. A request for a rezoning may be turned down even though all fiscal impacts appear to be addressed (Comprehensive Plan 8-17). The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. 5) Proffer Statement — Original dated January 25, 2006; final revision dated July 30, 2007. A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the street providing access to the project, residential land use areas, and open space and reservation areas within the Carriage Place development. The GDP may be utilized to a greater extent to more clearly address the sensitive enviromrrental features on the property and the buffering of the adjacent residential uses. REZONING # 12-06 Carriage Park August 16, 2007 Page 9 of 17 B) Land Use The applicants have proffered to limit to the total number and type of residential units to allow up to 240 single family attached townhouse units. The applicant has committed to a phased introduction of the residential units over a minimum four year period with the potential for up to seventy five units per year. The Applicant has committed to not make application for more than 75 building permits in any twelve month period. This phased approach specifies that the date of final rezoning would commence the phasing of the issuance of building permits. The intent of phasing is to ensure a timed integration of new development in a maimer that would enable the timely provision of the public facilities necessary to serve the new development. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. Regardless of the phasing approach, the comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be recognized. C) Transportation The applicant has proffered the signalization of the intersection of Valley Mill Road and Route 7 prior to the issuance of the 50"' building permit. The Applicant has also proffered to construct a two lane public roadway on a sixty foot right of way. The construction of this road to the boundary of the Blue Ridge Mobile Home Park will occur prior to issuance of the 100"' building permit. No direct access shall be permitted on the two lane public roadway. The applicant has proffered to reserve for dedication an area of open space that contains significant environmental features for future transportation improvements. The latest revision to the proffers includes a $3,000 per unit contribution to the County to use towards transportation improvements in the vicinity of the site. D) Historic Resource Protection The applicant has proffered a $25,000 contribution to the County for purposes associated with security fencing at Star Fort. E) Monetary Contribution The applicant has proffered a monetary contribution totaling $15,530 for each single family attached residential dwelling unit to offset the capital costs associated with this request. BOARD OF SUPERVISORS SUMMARY AND ACTION FOR 7/25/07 MEETING The latest application revisions (proffer dated 7/25/07) to this application were presented to the Board of Supervisors. The more significant revisions included: provisions for up to 240 single family attached units, accessed via an entrance on Valley Mill Road; signalization of the Route 7 and Valley Mill Road intersection; and a monetary contribution of $3,000 per unit towards transportation improvements in the 0 • REZONING #12-06 Carriage Park August 16, 2007 Page 10 of 17 vicinity of the site. The Board felt that the applicant had undergone significant changes since the Planning Commission's review on May 16, 2007, and directed that the application be returned to the Planning Commission for their review and recommendation. The Board further directed staff to return the application to the Board of Supervisors on August 22, 2007. STAFF SUMMARY FOR 08/15/07 PLANNING COMMISSION MEETING: Since the Planning Commission's recommendation of denial of this rezoning request on May 16, 2007 the application has been modified substantially. While the application remains generally consistent with future land use designations of the Comprehensive Plan, it does not fully address the goals of the Frederick County Comprehensive Plan as highlighted in the staff report. The following items should be considered by the Planning Commission. If it is ultimately determined that the transportation approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of Valley Mill Road and Route 7 occur in a manner thatfully enables the implementation of the future signalization of the Route 37 southbound ramps, including vertical and horizontal designs and all turning movements. The current proffer provides for sign alization and some turn lane improvements, but does not address future Route 37 impacts. The application should guarantee the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties. Unnecessary disturbance should be avoided The protection of the integrity of the pond, environmental open spaces, and the riparian areas alongAbram's Creek andAsh Hollow Run, especially during the construction phases, should be a greater consideration of this application and as part of the proffer statement. The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. PLANNING COMMISSION SUMMARY AND ACTION FROM 8/15/07 MEETING: There were no public comments. The Commission appreciated the efforts that had been made by the Applicant on this application. In addition, the Commission stated their appreciation for the additional opportunity to review and provide a recommendation on this rezoning which was substantially different to that which they had previously reviewed. A motion was made, seconded, and passed by a majority vote to recommend approval of the rezoning. The majority vote was as follows: YES (REC. APPROVAL): Mohn, Ours, Triplett, Morris, Manuel, Unger, and Wilmot NO: Oates, Light (Note: Commissioners Thomas, Kriz, Kerr and Watt were absent from the meeting.) 0 0 REZONING #12-06 Carriage Park August 16, 2007 Page 11 of 17 Appendix A - Review A14ency Comments REVIEW EVALUATIONS: Virizinia Dept. of Transportation: Multiple comments have been provided by VDOT on the various submissions of this application dating from their original comments provided on August 24, 2006 to their latest provided on May 16, 2007. At this time a comment has not been received from VDOT on the revised application submitted to the County on July 3, 2007. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Greenwood Volunteer Fire Company: OK. Note: Area Fire & Rescue Company is Greenwood Volunteer Fire & Rescue Co. Why no access off of Valley Mill Road? Public Works Department: Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer to Site Suitability: The table summarizing environmental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys, it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies furnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions". Actually, the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross -over at the intersection of Valley Mill Road and Route 7 is not adequate to accommodate the U-turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to ensure that these intersection improvements will be made prior to initiating construction on this site. 4. Refer to Site Drainage: The discussion indicates that low impact development techniques.... will mitigate adverse stormwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that "consideration of curbside pick-up would be an improvement to solid waste issues associated with increased dumpster use in the County". This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore, any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option; rather it will be a requirement. This statement should be corrected accordingly and • • REZONING #12-06 Carriage Park August 16, 2007 Page 12 of 17 revised in the Proffer Statement, Paragraph 9.2 iii (Delete "if they decide to use a commercial collection company.") 6. Refer to Proffer Statement, paragraph 12.1: The statement indicates that the applicant shall privately fund all transportation improvements required of this project. Indicate if this offer extends to improvements at/on the Route 7 intersection related to Valley Mill Road or possibly Haggerty Drive. Frederick County Inspections: No comment required at this time. Frederick -Winchester Service Authority: The first item of concern is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate way of measuring wastewater flows. We would like to see more detail relative to the design/construction of such a submeter if it would be acceptable. Sanitation Authority: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this development. The eight -inch water line through Blue Ridge Mobile Home Park might not provide the added demands of this proj ect's 165 units. The developer will probably need to extend the water line on Valley Mill Road and connect it to this project. Frederick -Winchester Health Department: The Health Department has no objection as long as sufficient public water and sewer service can be provided. Department of Parks & Recreation: Plan appears to offer appropriate monetary proffer to offset this development will have on the parks and recreational services provided by Frederick County. It is assumed that recreational and open space requirements will be addressed in ftrture plans to be reviewed. The Parks and Recreation Department would also like to see a detailed pedestrian/bicycle trails plan which offers an internal network and provides connection to existing and future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. 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. However, residents in this area could experience fly over noise from aircraft arriving and departing the Winchester Airport from the northeast. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a REZONING #12-06 Carriage Park August 16, 2007 Page 13 of 17 form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. I note that Paragraphs 1 through 11 of the current Proposed Proffer Statement are substantially the same as the Proposed Proffer Statement which I reviewed, with the exception that Paragraph 1.1 includes a provision for a maximum number of dwelling units, and the monetary proffers in Paragraph 3 through 7 vaiy somewhat from the monetary proffers set forth in the previous Proposed Proffer Statement. 2. In Paragraph 12.1, I would recommend that the words "by Applicant" be inserted after the word "constructed". 3. With respect to Paragraph 12.2, the staff needs to determine if it is comfortable with road improvements being "as directed by VDOT", or whether the specific improvements are known at the time and should be described in the proffer. 4. With respect to the possible future road improvements "if directed by VDOT" referenced in Paragraph 12.3, I would recommend that the second sentence by worded to state: "Applicant shall design and construct extended turn lanes on eastbound/or westbound Route 7 at the signalized intersection, if directed by VDOT". 5. I would recommend that Paragraph 12.5 be reworded to state as follows: "The Applicant shall reserve the portion o the property depicted on the GDP for any future transportation improvements deeded necessary by VDOT. Said reserved area shall be shown on the recorded deed of dedication to indicate that this area shall be available at no cost to Frederick County and/or VDOT should future transportation improvements be needed on this portion of the Property. The Applicant agrees to dedicate and convey to VDOT or the County, within 30 days of the written request from VDOT or the County. The identified reserved area shall be permitted to count towards the required open space for the Property. 6. As any given proffer could be central to the board's approval of a proffered rezoning, I would recommend that Paragragphl5 be deleted. 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: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of June 20, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made three recommendations which included: • Protect natural vegetation along Rt. 7 and Valley Mill Rd. to the greatest extent possible. • The backyard of the single family lots abutting the historical Stafford property need a vegetative protection buffer. • Install a roadside interpretive site which the HRAB decided would be more useful along Valley Mill Rd. as compared to placing it along Rt. 7. These recommendations made by the HRAB were addressed at the August 15, 2006 meeting. The HRAB felt that the rezoning application had thoroughly addressed their comments and recommended that this proposal move forward since there were no further issues. Planning Department: Please see attached letter dated August 3, 2006 from Eric R. Lawrence, Planning Director. REZONING #12-06 Carriage Park August 16, 2007 Page 14 of 17 Appendix B - Planning Commission History and Action Summary PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING: The applicant's attorney, Mr. Clay Athey, presented their proposed access out to existing Valley Mill Road and continuing out to Route 7, explaining how Valley Mill will line up directly with the off ramps for proposed Route 37 and their plans to improve the intersection with traffic -control devices. Mr. Athey did not believe this option was inconsistent with satisfying the County's Eastern Road Plan. He noted their provision for a proposed connector, if right-of-way can be acquired across the Stafford property back to Valley Mill Road. He also made note of the applicant's monetary provision towards transportation, which exceeded the proffer model, to help meet the County's transportation goals. The applicant's design consultant, Mr. Charles W. Maddox, Jr., noted that the access alternative described by Mr. Athey was in keeping with the HRAB's desire to create an unbroken vegetative buffer along Route 7. He said the monetary proffer for fencing and improvements to Star Fort, in lieu of interpretive kiosks along Route 7, was also preferred by the HRAB. It was also noted that the proposed layout does affect some of the more environmentally- sensitive areas of the site, but the applicant's reason for doing so was to create a better transportation system. One property owner spoke during the public comment portion of the hearing. Mr. Tim Stafford, whose family owned the adjacent Valley Mill Farm, said he was opposed to the rezoning primarily because the access described by the applicant's representatives crossed through a floodplain area. Mr. Stafford said that over the years, the development that has occurred around his property has affected his property, causing the creek to flood, with water coming closer to his home with each storm, and trees to fall. Mr. Lloyd Ingram of VDOT was called to the podium to address numerous questions raised by Commission members. Those questions included the accuracy of the interchange design presented by the applicant; whether VDOT considered the applicant's proposed access a better alternative than direct access to Route 7; the interim impact on Valley Mill Road, if VDOT had concerns about the close proximity of the Haggerty traffic signal on a major arterial highway; and if there were any obstacles that would prevent the applicant from crossing the environmentally -sensitive area. Mr. Ingram replied that the interchange presented by the applicant is basically conceptual and has not yet been engineered. He said it was VDOT's opinion that the proposed entrance alternative was a better scenario than direct access onto Route 7, which in their opinion, was a fatal flaw and presented safety issues for the traveling public and local residents. Mr. Ingram said the one -lane bridge will be a bottleneck, but will keep the flow of traffic through there relatively low; traffic signals will be installed only when warranted and spacing was sufficient to allow a synchronized system. Frederick County's Transportation Planner, Mr. John A. Bishop, presented his views on why this issue was more complex than just whether or not it was safer to go out on Valley Mill Road or to Route 7. He explained that Valley Mill Road is planned to be relocated, so although the Eastern Road Plan does not say specifically this crossover will be closed, it can be inferred by the relocation. He said the primary reason Ll C� REZONING #12-06 Carriage Park August 16, 2007 Page 15 of 17 for the relocation is that the geometry would be very difficult to improve to the point where it can adequately meet future development. Further, with the Haggerty and the Adams rezonings, there is a requirement that Eddy's Lane have access through there. Mr. Bishop said it was not just the 1,600 trips from this development, but the additional trips from those new developments would have the opportunity to come up Eddys Lane and Valley Mill through an area that is very hard to adequately fix. He explained that considering the amount of long-term traffic, the one side is unlikely to be able to handle the traffic without some major redevelopment of Valley Mill Road where it currently enters Route 7. He said this, in turn, could affect where the Route 37 ramps need to go. Numerous questions and concerns were raised by Commission members. Commissioners recognized the applicant's work on making the unique situation of this site work; furthermore, they were not completely opposed to something along the lines of what the applicant was proposing, assuming it fits in and compliments the Eastern Road Plan. However, members of the Commission wanted to know more from the applicant about the design of the proposed intersection, not only how things would potentially line up, but also the scope of improvements. They also wanted more information on the environmental impacts. They thought the proposal was much too conceptual at this point and asked the applicant if they could present something that would help the Commission visualize how this will take shape. Members of the Commission said they would also like to see more clarity on what the system would look like relative to the proposed improvements of the Eastern Road Plan. A motion was made, seconded, and unanimously passed to table the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant, as follows: to provide the Commission with a design of the proposed intersection, not only detailing how things will potentially line up, but the scope of improvements; to provide additional information on the enviromnental impacts; and, to provide additional clarification on what the system would look like relative to the proposed improvements of the Eastern Road Plan. The Commission sought clarification and answers to those issues from VDOT as well. (Note: Commissioners Light, Ours, and Thomas were absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/21/07 MEETING: The applicant requested that their application be tabled for 30 days. The applicant said they were very close to working out the principal issues, but had some property owner details that needed to be solidified and proffers that needed to be checked by the County attorney. Commission members asked the applicant if a 30-day tabling was realistic with the issues that need to be worked out with VDOT and the surrounding property owners. The applicant replied yes; the applicant intended to work diligently to meet that requirement and he believed 30 days was a sufficient amount of time. There were no public comments. By a unanimous vote, the Commission granted the applicant's request for a 30-day tabling to April 18, 2007. (Commissioner Unger was absent from the meeting.) REZONING #12-06 Carriage Park August 16, 2007 Page 16 of 17 PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/18/07 MEETING: The Commission reviewed the Applicant's requested continuance of this item and tabled the application for an additional 30 days. There were no public comments. By a unanimous vote, the Commission tabled the request until the May 16, 2007 meeting. The Applicant was not present at the meeting. (Commissioners Thomas and Watt were absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/16/07 MEETING: The applicant provided the Planning Commission with a modified Proffer Statement dated May 14, 2007, prior to the meeting. The Commission noted the changes made, in particular the reduction in the monetary contribution to Frederick County Public Schools. There were no public comments. Significant issues for members of the Commission involved transportation. In particular, concern was raised about Paragraph 12.2 of the applicant's proffer under Transportation regarding the timing for the signalized intersection on Route 7 and the desire to have relocated Valley Mill Road paved the entire way to existing Valley Mill Road. Commissioners preferred to have commitments by the applicant for the construction of the road and the intersection at the onset of the project and much earlier than the 125"' building permit. They believed Paragraph 12.2 as written could leave the County exposed to a much worse situation, particularly for the residents in that area. Commission members questioned why the applicant was not constructing relocated Valley Mill Road as a major collector road, as called for in the Eastern Road Plan; they preferred to have the applicant commit to an 80-foot right-of-way and not have individual lot access on the road. They wanted to make sure that as this road comes to fruition; it is developed as a major collector road and ultimately provides that function. Other Commissioners wanted to see the connection to the mobile home park done in Phase I. In addition, noted that if the adjoining property owner to the south was not willing to provide essential right-of-way, then the road would have to be moved further south, affecting the future ramp location for Route 3 7. This in turn would affect property owners in the area who were not previously affected by the path of Route 37. Commission members thought the proposal did have potential and the location of the intersection on Route 7 could possibly be an improvement; however, they believed there were a considerable number of loose ends to the proposal, particularly with the transportation phasing program. They encouraged the applicant to make changes to their proffers so the Board of Supervisors could review a refinement in the application. By a majority vote, the Planning Commission recommended denial of the rezoning. The majority vote was as follows: YES (TO REC. DENIAL): Morris, Oates, Wilmot, Ours, Kriz, Mohn NO: Unger, Thomas, Triplett REZONING #12-06 Carriage Park August 16, 2007 Page 17 of 17 ABSTAIN: Kerr (Note: Commissioners Watt, Manuel, and Light were absent from the meeting.) BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 06/13/07 MEETING: The Board of Supervisors tabled this request until their July 25, 2007 meeting. i Y.� .• ;E, Red Bud !:•! y, �,, Ag & Forestral District _ h •F Road C..a n �,.,. w.ae�e A31 • "a , . I we /.. REZ # 12 - 06 Carriage Park Aerial Map ( 55 - A -161, 165A, 166, 167, 167A, 168, 174A, 174B, 174D ) 0 125 250 Feet .• P Q� `� 55 A Ao L.AMSON, NOFMAN SrFDSEMAFIE 5 r . 55 A iolr e m FA551T CFEEK, LP v e �a m� 55 A ❑4C 9LLE FIDGE ASSOCIATES % A *56 MLHALE, MATTHEW G 55 A 2oq TOLL VA V, LP % A K2 MLALLISTEF. 7ANE V fir SDHN E Red Bud Ag & Forestial District B�iN4 W11 A 9� G ,yam Ay 55 A ua5 VALLEY LL FAFM, LL % A 210 THE CANYON Ogee =•uo� Ds Roatl Ganbrllnaa �... 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M.��...,„,..v 55 4 4A esT0 4 (AREY, ALICIA F 'eS 1 r4 MC&f Mr�K�C RP 55 / A REZ # 12 - 06 Carriage Park Zoning Map ( 55 - A -161, 165A, 166, 167, 167A, 168, 174A, 174B, 174D ) A 13 OLAN '\ S GE� ETA ,5 % IP, [9 ZIC-WINCHESTER W 0 125 250 500 Feet P Q�� A 14o LAM$ON, NORMAN fir ROSEMARIE 5 55 A io4 - m RA5517 CREEK, L➢ 17 < �a 55 A n4C SLUE RIDGE A550UATE5 55 A H.55 MGHAL.E, MATTHEW G V _m xo 55 A 2,01 TOLL VA V. L➢ 55 A �5z jf MULLIM7, TANS P 5, 70HN E �Bd Ag & Forestral District A*AS�4> M� Ay O 55 A W5 VALLEY)ALL FARM, LG 55 A %to THE CANYON CD T- 4Waw , n.n�cw.wnM c_ur ®M..w �x 55 4 4A esT0 4 GREY, ALICIA F ks T t 44 Mckee 4 . THE REZ # 12 - 06 Carriage Park Landuse Map ( 55 - A -161, 165A, 166, 167, 167A, 168, 174A, 174B, 174D ) A 13 OLAN 'C t ETAL5 I 5 0 125 250 500 Feet 0 REZONING APPLICATION #12-06 CARRIAGE PARK Staff Report for the Board of Supervisors Prepared: August 1, 2007 Staff Contact: Eric R. Lawrence, AICP, Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: November 1, 2006 March 21, 2007 April 18, 2007 May 16, 2007 Board of Supervisors: June 13, 2007 July 25, 2007 Planning Commission: August 15, 2007 Action Tabled by Planning Commission Tabled at request of Applicant Tabled by Planning Commission Recommended Denial Tabled by BOS Returned to PC for Review of Significant Application Revisions Pending Prior to the Board of Supervisors' July 25, 2007, the applicant substantially revised the application, proffer statement, and generalized development plan. This staff report has been updated to reflect the most recent request which includes a proffer statement revision dated July 30, 2007. PROPOSAL: To rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 240 single family attached townhouses. LOCATION: The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D PROPERTY ZONING: RA (Rural Areas) District and MH1 (Mobile Home Community) District PRESENT USE: Mobile Home Community, residential, and vacant. • 0 REZONING #12-06 — Carriage Park August 1, 2007 Page 2 of 17 ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential and Agricultural East: RA (Rural Areas) Use: Residential West: MH1 (Mobile Home Community) Use: Mobile Home Community Review AlZency Comments: See Appendix A Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcels for which the rezoning is being requested as being zoned a combination of A-1 Agricultural and MH Mobile Home zoning classifications. 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 properties and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. The Mobile Home designation encompasses the original boundaries of the Blue Ridge Mobile Home Park. The most recent Site Plan for the development of the remaining areas of the Blue Ridge Mobile Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line Adjustment Plat was approved by the County that reorganized the parcels that make up this rezoning request. Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-174A maintained the RA zoning classification. Parcels 55-A-168 and 55-A-174D maintained the MH1 zoning classification. Parcel 55-A-174A contains both the MH1 and RA zoning classification. The approval of this rezoning request would place all of the properties entirely into the RP 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 enviromnent 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] F/7nd r No The parcels comprising this rezoning application are located within the County's Urban 0 REZONING #12-06 Carriage Park August 1, 2007 Page 3 of 17 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 map designates the general area in which the Carriage Place property is located for residential land uses. The average overall residential density of the Urban Development Area should not exceed three units per acre. More specifically, the Zoning Ordinance stipulates that properties which contain less than one hundred acres but more than ten acres should not exceed 5.5 units per acre. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. As land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The goals of the Comprehensive Plan also include protecting the natural environment from damage due to development activity, avoiding development in environmentally sensitive areas, and the identification and protection of important natural resources. A balanced approach to providing necessary transportation infrastructure in the area of the project and promoting the protection of sensitive environmental areas and features is warranted. Transportation The Frederick County Eastern Road Plan provides the 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 plarmed 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). Route 7 is an arterial road whose character should be fully recognized in any rezoning application. Route 7 is characterized with high volumes of traffic traveling at rates of speed in excess of 55 miles per hour. Access management should be a key consideration. Valley Mill Road is identified as an improved major collector road in the County's Eastern Road Plan. hi addition, Valley Mill Road is shown as being relocated to a new location on a new alignment. In 2005, modifications to the County's Eastern Road Plan occurred in the vicinity of this project. The modifications were completed in recognition of the changing traffic patterns in the area, the recently approved Haggerty project which provided for a new Spine Road parallel to future Route 37, and the need to avoid the historically and environmentally sensitive areas in the vicinity of the one lane bridge over Abrams Creek. Valley Mill Road is • • REZONING # 12-06 Carriage Park August 1, 2007 Page 4 of 17 designated as a major collector road that traverses south of its existing location, providing a new crossing of Abram's Creek, and connecting with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. This location is immediately west of the Opequon Wastewater Treatment Facility. This approach furthers access management goals along Route 7. New development in the Urban Development Area should only be approved when roads and other infrastructure with sufficient capacity have been provided. The Comprehensive Plan identifies that a level of service "C" should be maintained on roads adjacent to and within new developments and that traffic analysis should be provided by the applicants to ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In some cases, new development may need to contribute to the provision, construction, or improvement of roads that are not adjacent to the development. In such cases, developments should contribute their fair share costs of road improvements needed to acconunodate the traffic generated by a particular development. 3) Site Suitability/Environment The Carriage Park site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. Ash Hollow Rum parallels Route 7 along the entire frontage of the property. Abram's Creek forms a portion of the eastern boundary of the property. A pond is located central to the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The site is predominantly heavily wooded. The application proposes development of a greater intensity in the reasonably level wooded areas and offers areas that will be set aside for environmental and open space purposes. The Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. By current County definition, this project contains relatively small areas of steep slopes. The road layout proposes access to the site directly from Valley Mill Road via a crossing of Abram's Creek and its associated floodplain, in an area that contained the steepest slopes on the property, immediately south of the intersection of Valley Mill Road and Route 7. Protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. To help achieve this, the location of the limits of disturbance could be extended beyond the proposed 100' proffered natural vegetative buffer to cover the protection • • REZONING #12-06 Carriage Park August 1, 2007 Page 5 of 17 of the identified environmental features, including the floodplain. Presently, the limits of disturbance do not entirely cover the creeks and their associated floodplains. In addition, preservation of the existing pond should be incorporated into the project. It should be recognized that no buffer and screening ordinance requirements exist between the proposed development and the property to the southeast, Valley Mill Farm. The Applicant has attempted to address this issue in the Proffer Statement by providing for a minimum landscaped buffer, a 15 foot landscaped buffer including a double row of evergreen trees a minimum of 4 feet in height, planted on 10 foot centers, along the southern portion of the project boundary with Valley Mill Farm which is shown on the GDP. An area of mature trees serves as an existing vegetative buffer. Current County Ordinance recognizes that a 50 foot woodland strip could be utilized as a desirable and effective alternative to typical buffer and screening standards. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties. The preservation of these existing trees within a buffer area should be guaranteed in the proffer statement. Disturbance should be avoided 4) Potential Impacts A. Transportation Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this project, dated September 8, 2006, and the more recent Addendum dated July 25, 2007, projected that the development of 240 single family attached townhouse units would generate 2,088 vehicle trips per day. The report was developed with access to the site provided via an unsignalized site driveway along the west side of Route 659, Valley Mill Road. This TIA is referenced in the Proffer Statement as the TIA that the proffered transportation improvements will be designed and constructed consistent with. The September 8, 2006 TIA and July 25, 2007 Addendum are the basis for the current application, proffer statement, and Generalized Development Plan. This TIA concludes that the traffic impacts associated with the Carriage Park application are acceptable and manageable, assuming suggested improvements are in place. Suggested improvements include the signalization of the intersection of Route 659, Valley Mill Road with Route 7. The TIA identifies that this intersection will function at an unacceptable level of service without the suggested improvements. As noted previously, the Comprehensive Plan identifies that a level of service "C" should be maintained and that traffic analysis should be provided by the applicants to ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In addition, the application's proffered transportation program does not provide for the immediate construction of the signalization of Route 659, Valley Mill Road and Route 7, but delays the signalization improvement until the 5e residential building permit or within 180 days of VDOT's request to install. 0 0 REZONING #12-06 Carriage Park August 1, 2007 Page 6 of 17 Transportation Program. The Generalized Development Plan for Carriage Park delineates the general public road system that will serve the residential development. Primary access to the site is from existing Route 659 Valley Mill Road, immediately south of its intersection with Route 7, and north of the existing one lane bridge crossing of Abrams Creek. Previously, the existing section of Valley Mill Road in this area was identified as being insufficient to accommodate the traffic from this, and adjacent projects, as was the existing intersection on Route 7 without significant improvements and environmental impact. The application's proffer includes improvements to the existing section of Valley Mill Road from the projects entrance to Route 7; however, no detail of the design of these improvements has been proffered. The applications proffer also includes the construction of a traffic signal at the intersection of Valley Mill Road and Route 7; however, this will only occur prior to the issuance of the 50t" building permit. One internal public street is proposed that runs from Route 659, Valley Mill Road to the southwestern corner of the property generally adjacent and parallel to the southeastern property line. The Applicant has proffered that this road will be constructed as a two lane public roadway on a 60 foot right of way with no direct lot access permitted on the road. No other internal streets have been identified in the GDP. The location of the road provides the ability to connect to the property to the southwest of the site and to the Blue Ridge Mobile Home Park immediately west of the property. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network in the northwestern corner of the property so that the interparcel connections might be utilized with the current road configuration of the Mobile Home Park. Public inter parcel connection to the adjacent properties is proposed in the locations identified on the GDP. The proffer statement provides for the right-of-way dedication at no cost to the County should the extension of the public road from the subject property onto the southern property (Valley View Farm) be pursued. As noted previously, the Comprehensive Plan promotes an effort to enhance and relocate Valley Mill Road so that it serves as a major collector road. As an alternative to assisting in implementing the construction of the road network identified in the Comprehensive Plan, the Applicant has proffered a monetary contribution in the amount of $3,000 per single family attached townhouse unit for improvements in the general vicinity of the project, including the connection from this project to Valley Mill Road to the south, and the relocation of Valley Mill Road. The application's transportation program has been revised a number of time over the past 10 months. The latest proffer revision, dated July 30, 2007, no longer provides for the following: 0 0 REZONING #12-06 Carriage Park August 1, 2007 Page 7 of 17 ■ The design of relocated Valley Mill Road in general and specifically from the project entrance to Route 7. ■ The extension of the projects public street to Valley Mill Road through the adjacent Valley Mill Farm property. ■ The design and construction of the signal on Route 7 in a manner that would accommodate the fixture construction of the Route 37 ramps. Omitted from the transportation program are any additional accommodations for pedestrian circulation and potential multiuse trails that would provide access internal to the project and ultimately to the adjacent residential developments. The conurrents offered by the Department of Parks and Recreation relating to this effort have not been addressed. B. Sewer and Water The Carriage Place rezoning proposal is estimated to require approximately 32,200 gallons per day of water usage and approximately 32,200 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. Recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester ServiceA uthority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Community Facilities The comment provided by the Frederick County Public Schools should be carefirlly considered when evaluating the application. The schools evaluation anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. The revised housing type at 240 units would generate approximately the same amount of students. 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the H"' elementary school opened in the fall of 2006 opened above its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build REZONING #12-06 Carriage Park August 1, 2007 Page 8of17 out and occupancy of previously approved residential projects in the UDA. The 12t" elementary school has been identified in the current Capital Improvements Plan for this general area of the UDA. However, no site has been located or construction initiated to address the needs of additional students generated in this area of the UDA. 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 2006 update of the Development Impact Model has been followed by the Applicant in this latest submission. Based on the 2006 update, the impacts associated with entirely residential projects are fixed at $15,530 for single family attached residential dwellings. This application previously addressed community facility impacts and needs by proffering a payment consistent with the 2005 update of the DIM. 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. For each single family attached unit: $583 for fire and rescue; $12,192 for schools: $1,712 for parks and recreation; $285 for library; $513 for public safety; and $245 for general Government; $15,530 for capital improvements No rezoning should be approved unless the net impacts on community facilities are positive, or if the negative impacts can be adequately addressed through proffers or some other means. A request for a rezoning may be turned down even though all fiscal impacts appear to be addressed (Comprehensive Plan 8-17). The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. 5) Proffer Statement — Original dated January 25, 2006; final revision dated July 30, 2007. A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the street providing access to the project, residential land use areas, and open space and reservation areas within the Carriage Place development. The GDP may be utilized to a greater extent to more clearly address the sensitive environmental features on the property and the buffering of the adjacent residential uses. 0 REZONING #12-06 Carriage Park August 1, 2007 Page 9 of 17 B) Land Use The applicants have proffered to limit to the total number and type of residential units to allow up to 240 single family attached townhouse units. The applicant has committed to a phased introduction of the residential units over a minimum four year period with the potential for up to seventy five units per year. The Applicant has committed to not make application for more than 75 building permits in any twelve month period. This phased approach specifies that the date of final rezoning would commence the phasing of the issuance of building permits. The intent of phasing is to ensure a timed integration of new development in a manner that would enable the timely provision of the public facilities necessary to serve the new development. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. Regardless of the phasing approach, the comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be recognized. C) Transportation The applicant has proffered the signalization of the intersection of Valley Mill Road and Route 7 prior to the issuance of the 50°i building permit. The Applicant has also proffered to construct a two lane public roadway on a sixty foot right of way. The construction of this road to the boundary of the Blue Ridge Mobile Home Park will occur prior to issuance of the 100°i building permit. No direct access shall be permitted on the two lane public roadway. The applicant has proffered to reserve for dedication an area of open space that contains significant environmental features for future transportation improvements. The latest revision to the proffers includes a $3,000 per unit contribution to the County to use towards transportation improvements in the vicinity of the site. D) Historic Resource Protection The applicant has proffered a $25,000 contribution to the County for purposes associated with security fencing at Star Fort. E) Monetary Contribution The applicant has proffered a monetary contribution totaling $15,530 for each single family attached residential dwelling unit to offset the capital costs associated with this request. BOARD OF SUPERVISORS SUMMARY AND ACTION FOR 7/25/07 MEETING The latest application revisions (proffer dated 7/25/07) to this application were presented to the Board of Supervisors. The more significant revisions included: provisions for up to 240 single family attached units, accessed via an entrance on Valley Mill Road; signalization of the Route 7 and Valley Mill Road intersection; and a monetary contribution of $3,000 per unit towards transportation improvements in the • • REZONING # 12-06 Carriage Park August 1, 2007 Page 10 of 17 vicinity of the site. The Board felt that the applicant had undergone significant changes since the Planning Commission's review on May 16, 2007, and directed that the application be returned to the Planning Commission for their review and recommendation. The Board further directed staff to return the application to the Board of Supervisors on August 22, 2007. STAFF SUMMARY FOR 08/15/07 PLANNING COMMISSION MEETING: Since the Planning Commission's recommendation of denial of this rezoning request on May 16, 2007 the application has been modified substantially. While the application remains generally consistent with future land use designations of the Comprehensive Plan, it does not frilly address the goals of the Frederick County Comprehensive Plan as highlighted in the staff report. The following items should be considered by the Planning Commission. If it is ultimately determined that the transportation approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of Valley Mill Road and Route 7occur in a manner thatfully enables the implementation ofthefutore signalization of the Route 37 southbound ramps, including vertical and horizontal designs and all turning movements. The ciu•rent proffer provides for signalization and some turn lane improvements, but does not address fixture Route 37 impacts. The application should guarantee the preservation of the existing tree lines and ivooded areas as a desirable buffer to the surrounding properties. Unnecessary disturbance should be avoided The protection of the integrity of the pond, environmental open spaces, and the riparian areas alongAbram's Creek andAsh Hollow Run, especially during the construction phases, should be a greater consideration of this application and as part of the proffer statement. The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. 9 r REZONING # 12-06 Carriage Park August 1, 2007 Page 11 of 17 Appendix A - Review Agency Comments REVIEW EVALUATIONS: Virginia Dept. of Transportation: Multiple comments have been provided by VDOT on the various submissions of this application slating from their original comments provided oft August 24, 2006 to their latest provided on May 16, 2007. At this time a comment has not been received from VDOT on the revised application submitted to the County on July 3, 2007. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Greenwood Volunteer Fire Company: OK. Note: Area Fire & Rescue Company is Greenwood Volunteer Fire & Rescue Co. Why no access off of Valley Mill Road? Public Works Department: Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer to Site Suitability: The table summarizing enviromnental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys, it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies furnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions". Actually, the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross -over at the intersection of Valley Mill Road and Route 7 is not adequate to accommodate the U-turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to ensure that these intersection improvements will be made prior to initiating construction on this site. 4. Refer to Site Drainage: The discussion indicates that low impact development techniques.... will mitigate adverse stormwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that "consideration of curbside pick-up would be an improvement to solid waste issues associated with increased dumpster use in the County". This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore, any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option; rather it will be a requirement. This statement should be corrected accordingly and i • REZONING #12-06 Carriage Park August 1, 2007 Page 12 of 17 revised in the Proffer Statement, Paragraph 9.2 iii (Delete "if they decide to use a commercial collection company.") 6. Refer to Proffer Statement, paragraph 12.1: The statement indicates that the applicant shall privately fund all transportation improvements required of this project. Indicate if this offer extends to improvements at/on the Route 7 intersection related to Valley Mill Road or possibly Haggerty Drive. Frederick County Inspections: No comment required at this time. Frederick -Winchester Sei-vice Authority: The first item of concern is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate way of measuring wastewater flows. We would like to see more detail relative to the design/construction of such a submeter if it would be acceptable. Sanitation Authority: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this development. The eight -inch water line through Blue Ridge Mobile Home Park might not provide the added demands of this project's 165 units. The developer will probably need to extend the water line on Valley Mill Road and connect it to this project. Frederick -Winchester Health Department: The Health Department has no objection as long as sufficient public water and sewer service can be provided. Department of Parks & Recreation: Plan appears to offer appropriate monetary proffer to offset this development will have on the parks and recreational services provided by Frederick County. It is assumed that recreational and open space requirements will be addressed in fixture plans to be reviewed. The Parks and Recreation Department would also like to see a detailed pedestrian/bicycle trails plan which offers an internal network and provides connection to existing and future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. 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. However, residents in this area could experience fly over noise from aircraft arriving and departing the Winchester Airport from the northeast. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a 0 i REZONING #12-06 Carriage Park August 1, 2007 Page 13 of 17 form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. I note that Paragraphs 1 through 11 of the current Proposed Proffer Statement are substantially the same as the Proposed Proffer Statement which I reviewed, with the exception that Paragraph 1.1 includes a provision for a maximum number of dwelling units, and the monetary proffers in Paragraph 3 through 7 vary somewhat from the monetary proffers set forth in the previous Proposed Proffer Statement. 2. In Paragraph 12.1, 1 would recommend that the words "by Applicant" be inserted after the word "constructed". 3. With respect to Paragraph 12.2, the staff needs to determine if it is comfortable with road improvements being "as directed by VDOT", or whether the specific improvements are known at the time and should be described in the proffer. 4. With respect to the possible future road improvements "if directed by VDOT" referenced in Paragraph 12.3, 1 would recommend that the second sentence by worded to state: "Applicant shall design and construct extended turn lanes on eastbound/or westbound Route 7 at the signalized intersection, if directed by VDOT". 5. I would recommend that Paragraph 12.5 be reworded to state as follows: "The Applicant shall reserve the portion o the property depicted on the GDP for any future transportation improvements deeded necessary by VDOT. Said reserved area shall be shown on the recorded deed of dedication to indicate that this area shall be available at no cost to Frederick County and/or VDOT should firture transportation improvements be needed on this portion of the Property. The Applicant agrees to dedicate and convey to VDOT or the County, within 30 days of the written request from VDOT or the County. The identified reserved area shall be permitted to count towards the required open space for the Property. 6. As any given proffer could be central to the board's approval of a proffered rezoning, I would recommend that Paragragph15 be deleted. 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: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of June 20, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made three recommendations which included: Protect natural vegetation along Rt. 7 and Valley Mill Rd. to the greatest extent possible. The backyard of the single family lots abutting the historical Stafford property need a vegetative protection buffer. • Install a roadside interpretive site which the HRAB decided would be more useful along Valley Mill Rd. as compared to placing it along Rt. 7. These recommendations made by the HRAB were addressed at the August 15, 2006 meeting. The HRAB felt that the rezoning application had thoroughly addressed their comments and recommended that this proposal move forward since there were no further issues. PlanninLy Department: Please see attached letter dated August 3, 2006 from Eric R. Lawrence, Planning Director. 0 r1 L_J REZONING # 12-06 Carriage Park August 1, 2007 Page 14 of 17 Appendix B - Planning Commission History and Action Summary PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING: The applicant's attorney, Mr. Clay Athey, presented their proposed access out to existing Valley Mill Road and continuing out to Route 7, explaining how Valley Mill will line up directly with the off ramps for proposed Route 37 and their plans to improve the intersection with traffic -control devices. Mr. Athey did not believe this option was inconsistent with satisfying the County's Eastern Road Plan. He noted their provision for a proposed connector, if right-of-way can be acquired across the Stafford property back to Valley Mill Road. He also made note of the applicant's monetary provision towards transportation, which exceeded the proffer model, to help meet the County's transportation goals. The applicant's design consultant, Mr. Charles W. Maddox, Jr., noted that the access alternative described by Mr. Athey was in keeping with the HRAB's desire to create an unbroken vegetative buffer along Route 7. He said the monetary proffer for fencing and improvements to Star Fort, in lieu of interpretive kiosks along Route 7, was also preferred by the HRAB. It was also noted that the proposed layout does affect some of the more enviromnentally- sensitive areas of the site, but the applicant's reason for doing so was to create a better transportation system. One property owner spoke during the public comment portion of the hearing. Mr. Tim Stafford, whose family owned the adjacent Valley Mill Farm, said he was opposed to the rezoning primarily because the access described by the applicant's representatives crossed through a floodplain area. Mr. Stafford said that over the years, the development that has occurred around his property has affected his property, causing the creek to flood, with water coming closer to his home with each storm, and trees to fall. Mr. Lloyd Ingram of VDOT was called to the podium to address numerous questions raised by Commission members. Those questions included the accuracy of the interchange design presented by the applicant; whether VDOT considered the applicant's proposed access a better alternative than direct access to Route 7; the interim impact on Valley Mill Road, if VDOT had concerns about the close proximity of the Haggerty traffic signal on a major arterial highway; and if there were any obstacles that would prevent the applicant from crossing the environmentally -sensitive area. Mr. Ingram replied that the interchange presented by the applicant is basically conceptual and has not yet been engineered. He said it was VDOT's opinion that the proposed entrance alternative was a better scenario than direct access onto Route 7, which in their opinion, was a fatal flaw and presented safety issues for the traveling public and local residents. Mr. Ingram said the one -lane bridge will be a bottleneck, but will keep the flow of traffic through there relatively low; traffic signals will be installed only when warranted and spacing was sufficient to allow a synchronized system. Frederick County's Transportation Planner, Mr. John A. Bishop, presented his views on why this issue was more complex than just whether or not it was safer to go out on Valley Mill Road or to Route 7. He explained that Valley Mill Road is planned to be relocated, so although the Eastern Road Plan does not say specifically this crossover will be closed, it can be inferred by the relocation. He said the primary reason REZONING #12-06 Carriage Park August 1, 2007 Page 15 of 17 for the relocation is that the geometry would be very difficult to improve to the point where it can adequately meet future development. Further, with the Haggerty and the Adams rezonings, there is a requirement that Eddy's Lane have access through there. Mr. Bishop said it was not just the 1,600 trips from this development, but the additional trips from those new developments would have the opportunity to come up Eddys Lane and Valley Mill through an area that is very hard to adequately fix. He explained that considering the amount of long-term traffic, the one side is unlikely to be able to handle the traffic without some major redevelopment of Valley Mill Road where it currently enters Route 7. He said this, in turn, could affect where the Route 37 ramps need to go. Numerous questions and concerns were raised by Commission members. Commissioners recognized the applicant's work on making the unique situation of this site work; furthermore, they were not completely opposed to something along the lines of what the applicant was proposing, assuming it fits in and compliments the Eastern Road Plan. However, members of the Commission wanted to know more from the applicant about the design of the proposed intersection, not only how things would potentially line up, but also the scope of improvements. They also wanted more information on the environmental impacts. They thought the proposal was much too conceptual at this point and asked the applicant if they could present something that would help the Commission visualize how this will take shape. Members of the Commission said they would also like to see more clarity on what the system would look like relative to the proposed improvements of the Eastern Road Plan. A motion was made, seconded, and unanimously passed to table the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant, as follows: to provide the Commission with a design of the proposed intersection, not only detailing how things will potentially line up, but the scope of improvements; to provide additional information on the environmental impacts; and, to provide additional clarification on what the system would look like relative to the proposed improvements of the Eastern Road Plan. The Commission sought clarification and answers to those issues from VDOT as well. (Note: Commissioners Light, Ours, and Thomas were absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/21/07 MEETING: The applicant requested that their application be tabled for 30 days. The applicant said they were very close to working out the principal issues, but had some property owner details that needed to be solidified and proffers that needed to be checked by the County attorney. Commission members asked the applicant if a 30-day tabling was realistic with the issues that need to be worked out with VDOT and the surrounding property owners. The applicant replied yes; the applicant intended to work diligently to meet that requirement and he believed 30 days was a sufficient amount of time. There were no public comments. By a unanimous vote, the Commission granted the applicant's request for a 30-day tabling to April 18, 2007. (Commissioner Unger was absent from the meeting.) 0 0 REZONING #12-06 Carriage Park August 1, 2007 Page 16 of 17 PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/18/07 MEETING: The Commission reviewed the Applicant's requested continuance of this item and tabled the application for an additional 30 days. There were no public comments. By a unanimous vote, the Commission tabled the request until the May 16, 2007 meeting. The Applicant was not present at the meeting. (Commissioners Thomas and Watt were absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/16/07 MEETING: The applicant provided the Planning Commission with a modified Proffer Statement dated May 14, 2007, prior to the meeting. The Commission noted the changes made, in particular the reduction in the monetary contribution to Frederick County Public Schools. There were no public comments. Significant issues for members of the Commission involved transportation. In particular, concern was raised about Paragraph 12.2 of the applicant's proffer under Transportation regarding the timing for the signalized intersection on Route 7 and the desire to have relocated Valley Mill Road paved the entire way to existing Valley Mill Road. Commissioners preferred to have commitments by the applicant for the construction of the road and the intersection at the onset of the project and much earlier than the 125"' building permit. They believed Paragraph 12.2 as written could leave the County exposed to a much worse situation, particularly for the residents in that area. Commission members questioned why the applicant was not constructing relocated Valley Mill Road as a major collector road, as called for in the Eastern Road Plan; they preferred to have the applicant commit to an 80-foot right-of-way and not have individual lot access on the road. They wanted to make sure that as this road comes to fruition; it is developed as a major collector road and ultimately provides that function. Other Commissioners wanted to see the connection to the mobile home park done in Phase I. In addition, noted that if the adjoining property owner to the south was not willing to provide essential right-of-way, then the road would have to be moved farther south, affecting the firture ramp location for Route 37. This in turn would affect property owners in the area who were not previously affected by the path of Route 37. Commission members thought the proposal did have potential and the location of the intersection on Route 7 could possibly be an improvement; however, they believed there were a considerable number of loose ends to the proposal, particularly with the transportation phasing program. They encouraged the applicant to make changes to their proffers so the Board of Supervisors could review a refinement in the application. By a majority vote, the Planning Commission recommended denial of the rezoning. The majority vote was as follows: YES (TO REC. DENIAL): Morris, Oates, Wilmot, Ours, Kriz, Molui NO: Unger, Thomas, Triplett 0 0 REZONING # 12-06 Carriage Park August 1, 2007 Page 17 of 17 ABSTAIN: Kerr (Note: Commissioners Watt, Manuel, and Light were absent from the meeting.) BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 06/13/07 MEETING: The Board of Supervisors tabled this request until their July 25, 2007 meeting. 0 0 REZONING APPLICATION 412-06 CARRIAGE PARK Staff Report for the Board of Supervisors Prepared: July 12, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Planning Commission: Planning Commission: Board of Supervisors: Reviewed November 1, 2006 March 21, 2007 April 18, 2007 May 16, 2007 June 13, 2007 July 25, 2007 Action Tabled by Planning Commission Tabled at request of Applicant Tabled by Planning Commission Recommended Denial Tabled by BOS to 07/25/07 Pending Following the June 13, 2007 Board of Supervisors meeting, the Applicant has substantially revised the application, proffer statement, and generalized development plan. This staff report has been updated to reflect the most recent request which was submitted on July 3, 2007. PROPOSAL: To rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 240 single family attached townhouses. LOCATION: The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D PROPERTY ZONING: RA (Rural Areas) District and MH1 (Mobile Home Con-ununity) District PRESENT USE: Mobile Home Community, residential, and vacant. ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential and Agricultural East: RA (Rural Areas) Use: Residential West: MH1 (Mobile Home Commmunity) Use: Mobile IIome Community • 0 Rezoning #12-06 — Carriage Park July 12, 2007 Page 2 PlanninjZ & ZoninjZ: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcels for which the rezoning is being requested as being zoned a combination of A-1 Agricultural and MH Mobile Home zoning classifications. 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 properties and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. The Mobile Home designation encompasses the original boundaries of the Blue Ridge Mobile Home Park. The most recent Site Plan for the development of the remaining areas of the Blue Ridge Mobile Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line Adjustment Plat was approved by the County that reorganized the parcels that make up this rezoning request. Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-174A maintained the RA zoning classification. Parcels 55-A-168 and 55-A-174D maintained the MH1 zoning classification. Parcel 55-A-174A contains both the MH1 and RA zoning classification. The approval of this rezoning request would place all of the properties entirely into the RP 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 commiunity 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. [CO7 1prehensive Policy Plan, P. I-]] T.n"rl 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 map designates the general area in which the Carriage Place property is located for residential land uses. The average overall residential density of the Urban Development Area should not exceed three units per acre. More specifically, the Zoning Ordinance stipulates that properties which contain less than one hundred acres but more than ten acres should not exceed 5.5 units per acre. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to 0 0 Rezoning #12-06 — Carriage Park July 12, 2007 Page 3 accommodate the desired land uses and densities. As land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The goals of the Comprehensive Plan also include protecting the natural environment from damage due to development activity, avoiding development in environmentally sensitive areas, and the identification and protection of important natural resources. A balanced approach to providing necessary transportation infrastructure in the area of the project and promoting the protection of sensitive envirorunental areas and features is warranted. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road conriections 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 planmed 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). Route 7 is an arterial road whose character should be fully recognized in any rezoning application. Route 7 is characterized with high volumes of traffic traveling at rates of speed in excess of 55 miles per hour. Access management should be a key consideration. Valley Mill Road is identified as an improved major collector road in the County's Eastern Road Plan. In addition, Valley Mill Road is shown as being relocated to a new location on a new aligmnent. In 2005, modifications to the County's Eastern Road Plan occurred in the vicinity of this project. The modifications were completed in recognition of the changing traffic patterns in the area, the recently approved Haggerty project which provided for a new Spine Road parallel to future Route 37, and the need to avoid the historically and environmentally sensitive areas in the vicinity of the one lane bridge over Abrams Creek. Valley Mill Road is designated as a major collector road that traverses south of its existing location, providing a new crossing of Abram's Creek, and connecting with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. This location is immediately west of the Opequon Wastewater Treatment Facility. This approach furthers access management goals along Route 7. New development in the Urban Development Area should only be approved when roads and other infrastructure with sufficient capacity have been provided. The Comprehensive Plan identifies that a level of service "C" should be maintained on roads adjacent to and within new developments and that traffic analysis should be provided by the applicants to ensure that needed road improvements are identified in order to maintain or improve upon the level of 0 r Rezoning 412-06 — Carriage Park July 12, 2007 Page 4 service. In some cases, new development may need to contribute to the provision, construction, or improvement of roads that are not adjacent to the development. In such cases, developments should contribute their fair share costs of road improvements needed to accommodate the traffic generated by a particular development. 3) Site Suitability/Environment The Carriage Park site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. Ash Hollow Run parallels Route 7 along the entire frontage of the property. Abram's Creek forms a portion of the eastern boundary of the property. A pond is located central to the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The site is predominantly heavily wooded. The application proposes development of a greater intensity in the reasonably level wooded areas and offers areas that will be set aside for enviromrental and open space purposes. The Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. By current County definition, this project contains relatively small areas of steep slopes. The road layout proposes access to the site directly from Valley Mill Road via a crossing of Abram's Creek and its associated floodplain, in an area that contained the steepest slopes on the property, immediately south of the intersection of Valley Mill Road and Route 7. Protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. To help achieve this, the location of the limits of disturbance could be extended beyond the proposed 100' proffered natural vegetative buffer to cover the protection of the identified environmental features, including the floodplain. Presently, the limits of disturbance do not entirely cover the creeks and their associated floodplains. In addition, preservation of the existing pond should be incorporated into the project. It should be recognized that no buffer and screening requirements exist between the proposed development and the property to the southeast, Valley Mill Farm. The Applicant has attempted to address this issue in the Proffer Statement by providing for a minimum landscaped buffer, a 15 foot landscaped buffer including a double row of evergreen trees a minimum of 4 feet in height, along the southern portion of the project boundary with Valley Mill Farm which is shown on the GDP. An area of mature trees serves as an existing vegetative buffer. Current County Ordinance recognizes that a 50 foot woodland strip could be utilized as a desirable and effective alternative to typical buffer and screening standards. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded 0 r Rezoning #12-06 — Carriage Park July 12, 2007 Page 5 areas as a desirable buffer to the surrounding properties. The preservation of these existing trees within a buffer area should be guaranteed in the proffer statement. Disturbance should be avoided. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this project, dated September 8, 2006, projected that the development of 165 residential units (53 single family detached and 94 single family attached residential units) would generate 1,348 vehicle trips per day. The report was developed with access to the site provided via an unsignalized site driveway along the west side of Route 659, Valley Mill Road. This TIA is referenced in the Proffer Statement as the TIA that the proffered transportation improvements will be designed and constructed consistent with. An addendum to this TIA, dated February 23, 2007, was prepared that had an updated vehicle trip projection of 2,088 vehicle trips per day based upon the development of 240 single family attached townhouse units. This report was developed with site access to the project via a new signalized driveway onto the south side of Route 7. Reference to this addendum to the TIA has been removed from the Proffer Statement. The September 8, 2006 TIA is the basis for the current application, proffer statement, and Generalized Development Plan. This TIA concludes that the traffic impacts associated with the Carriage Park application are acceptable and manageable, assuming suggested improvements are in place. Suggested improvements include the signalization of the intersection of Route 659, Valley Mill Road with Route 7. The TIA identifies that this intersection will function at an unacceptable level of service without the suggested improvements. Please be aware that the conclusions offered in this TIA are based upon a trip generation that is significantly less than the current rezoning proposal (1,348vpd v 2,088vpd). Based upon this change, Staff would state that the application's TIA does not demonstrate that an acceptable level of service will be maintained on roads adjacent to and within this development, particularly at the intersection of Route 659, Valley Mill Road and Route 7. As noted previously, the Comprehensive Plan identifies that a level of service "C" should be maintained and that traffic analysis should be provided by the applicants to ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In addition, the applications proffered transportation program does not provide for the immediate construction of the sign alization of Route 659, Valley Mill Road and Route 7. Transportation ProLram. The Generalized Development Plan for Carriage Park delineates the general public road system that will serve the residential development. Primary access to the site is from existing Route 659 Valley Mill Road, immediately south of its intersection with Route 7, and north of the existing one lane bridge crossing of Abrams Creek. 0 # Rezoning #12-06 — Carriage Park July 12, 2007 Page 6 Previously, the existing section of Valley Mill Road in this area was identified as being insufficient to accommodate the traffic from this, and adjacent projects, as was the existing intersection on Route 7 without significant improvements and environmental impact. The applications proffer includes improvements to the existing section of Valley Mill Road from the projects entrance to Route 7; however, no detail of the design of these improvements has been proffered. The applications proffer also includes the construction of a traffic signal at the intersection of Valley Mill Road and Route 7; however, this will only occur prior to the issuance of the 50"' building permit. One internal public street is proposed that runs from Route 659, Valley Mill Road to the southwestern corner of the property generally adjacent and parallel to the southeastern property line. The Applicant has proffered that this road will be constructed as a two lane public roadway on a 60 foot right of way with no direct lot access permitted on the road. No other internal streets have been identified in the GDP. The location of the road provides the ability to cormect to the property to the southwest of the site and to the Blue Ridge Mobile Home Park in niediately west of the property. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network in the northwestern corner of the property. Public inter parcel connection to the adjacent properties is proposed in the locations identified on the GDP. The application should ensure that the reserve areas identified for frcture interpareel connection is available for dedication upon request by the County and at no cost. As noted previously, the Comprehensive Plan promotes an effort to enhance and relocate Valley Mill Road so that it serves as a major collector road. No effort has been made to assist in the implementation of the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan. As an alternative to assisting in implementing the construction of the road network identified in the Comprehensive Plan, the Applicant had previously proffered a monetary contribution in the amount of $3,000 per single family attached townhouse unit for improvements in the general vicinity of the project, including the connection from this project to Valley Mill Road to the south, and the relocation of Valley Mill Road. This proffered contribution has been eliminated from the Proffer Statement. In addition, the application's transportation program no longer provides for the following: ■ The design of relocated Valley Mill Road in general and specifically from the project entrance to Route 7. The extension of the projects public street to Valley Mill Road through the adjacent Valley Mill Farm property. The design and construction of the signal on Route 7 in a manner that would accommodate the future construction of the Route 37 ramps. Rezoning 412-06 — Carriage Park July 12, 2007 Page 7 Omitted from the transportation program are any additional accommodations for pedestrian circulation and potential multiuse trails that would provide access internal to the project and ultimately to the adjacent residential developments. The cornrnents offered by the Department of Parks and Recreation relating to this effort have not been addressed. In general, the overall transportation program does not address the transportation impacts created by the proposal and does not promote an approach that furthers the transportation goals of the Comprehensive Plan. B. Sewer and Water The Carriage Place rezoning proposal is estimated to require approximately 32,200 gallons per day of water usage and approximately 32,200 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. Recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester ServiceAuthority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Community Facilities The connnent provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The schools evaluation anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. The revised housing type at 240 units would generate approximately the same amount of students. 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the 11 th elementary school opened in the fall of 2006 opened above its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build out and occupancy of previously approved residential projects in the UDA. The 12t" elementary school has been identified in the current Capital Improvements Plan for this general area of the UDA. However, no site has been located or construction initiated to address the needs of additional students generated in this area of the UDA. Rezoning 912-06 — Carriage Park July 12, 2007 Page 8 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 2006 update of the Development Impact Model has been followed by the Applicant in this latest submission. Based on the 2006 update, the impacts associated with entirely residential projects are fixed at $15,530 for single family attached residential dwellings. This application previously addressed community facility impacts and needs by proffering a payment consistent with the 2005 update of the DIM. 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. For each single family attached unit: $583 for fire and rescue; $12,192 for schools: $1,712 for parks and recreation; $285 for library; $513 for public safety; and $245 for general Rovermnent; $15,530 for capital improvements No rezoning should be approved unless the net impacts on community facilities are positive, or if the negative impacts can be adequately addressed through proffers or some other means. A request for a rezoning may be turned down even though all fiscal impacts appear to be addressed (Comprehensive Plan 8-17). The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban DevelopmentArea should be a significant consideration. 5) Proffer Statement — Original dated January 25, 2006; final revision dated June 29, 2007. A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the street providing access to the project, residential land use areas, and open space and reservation areas within the Carriage Place development. The GDP may be utilized to a greater extent to more clearly address the sensitive enviromnental features on the property and the buffering of the adjacent residential uses. B) Land Use The applicants have proffered to limit to the total number and type of residential units to allow up to 240 single family attached townhouse units. Rezoning #12-06 — Carriage Park July 12, 2007 Page 9 The applicant has conunitted to a phased introduction of the residential units over a minimum four year period with the potential for up to seventy five units per year. The Applicant has committed to not make application for more than 75 building permits in any twelve month period. This phased approach specifies that the date of final rezoning would continence the phasing of the issuance of building permits. The intent of phasing is to ensure a timed integration of new development in a manner that would enable the timely provision of the public facilities necessary to serve the new development. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. Regardless of the phasing approach, the comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be recognized. C) Transportation The applicant has proffered the signalization of the intersection of Valley Mill Road and Route 7 prior to the issuance of the 50`" building permit. The Applicant has also proffered to construct a two lane public roadway on a sixty foot right of way. The construction of this road to the boundary of the Blue Ridge Mobile Home Park will occur prior to issuance of the 100`" building permit. No direct access shall be permitted on the two lane public roadway. The applicant has proffered to reserve for dedication an area of open space that contains significant enviromnental features for future transportation improvements. D) Historic Resource Protection The applicant has proffered a $25,000 contribution to the County for purposes associated with security fencing at Star Fort. E) Monetary Contribution The applicant has proffered a monetary contribution totaling $15,530 for each single family attached residential dwelling unit to offset the capital costs associated with this request. STAFF SUMMARY FOR 07/25/07 BOARD OF SUPERVISORS MEETING: Since the Planning Commission's recommendation of denial of this rezoning request on May 16, 2007 the application has been modified substantially. While the application remains generally consistent with future land use designations of the Comprehensive Plan, it does not fully address the goals of the Frederick County Comprehensive Plan as highlighted in the staff report. As presented, this application does not adequately address the impacts associated with this request; in particular, the transportation impacts. The following items should be addressed to the satisfaction of the Board. The TIA is based upon a trip generation that is significantly less than the current rezoning proposal (1,348vpd v 2,088vpd). Therefore, the application's TIA does not demonstrate that an acceptable level of service will be maintained on roads adjacent to and within this development, particularly at the intersection of Route 659, Valley Mill Road and Route 7. Rezoning 412-06 — Carriage Park July 12, 2007 Page 10 The applications proffered transportation program does not provide for the immediate construction of the signalization of Route 659, Valley Mill Road and Route 7. If it is ultimately determined that the transportation approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of Valley Mill Road and Route 7occur in a manner thatfully enables the implementation of thefuture signalization of the Route 37 southbound ramps, including vertical and horizontal designs and all turning movements. It should be evaluated whether the transportation improvements proffered by the Applicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. The application should guarantee the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties. Unnecessary disturbance should be avoided The protection of the integrity of the pond, environmental open spaces, and the riparian areas alongAbram's Creek and Ash Hollow Run, especially during the construction phases, should be a greater consideration of this application and as part of the proffer statement. The application should ensure that the reserve area identified for fixture interparcel connection is available for dedication upon request by the County and at no cost. The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban DevelopmentArea should be a significant consideration as should those offered by the Department of Parks and Recreation. 0 • ADDendix A - Review Agencv Comments REVIEW EVALUATIONS: Virginia Dept. of Transportation: Multiple comments have been provided by VDOT on the various submissions of this application datingfrom their original comments provided on August 24, 2006 to their latestprovided on May 16, 2007. At this time a comment has not been received from VDOT on the revised application submitted to the County on July 3, 2007. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Greenwood Volunteer Fire Company: OK. Note: Area Fire & Rescue Company is Greenwood Volunteer Fire & Rescue Co. Why no access off of Valley Mill Road? Public Works Department: Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer to Site Suitability: The table summarizing enviromnental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys, it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies fiirnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions". Actually, the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross -over at the intersection of Valley Mill Road and Route 7 is not adequate to acconmlodate the U-turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to ensure that these intersection improvements will be made prior to initiating construction on this site. 4. Refer to Site Drainage: The discussion indicates that low impact development techniques.... will mitigate adverse stormwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that "consideration of curbside pick-up would be an improvement to solid waste issues associated with increased dumpster use in the County". This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore, any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option; rather it will be a requirement. This statement should be corrected accordingly and revised in the Proffer Statement, Paragraph 9.2 iii (Delete "if they decide to use a commercial collection company.") 6. Refer to Proffer Statement, paragraph 12.1: The statement indicates that the applicant shall privately fund all transportation improvements required of this project. Indicate if this offer extends to improvements at/on the Route 7 intersection related to Valley Mill Road or possibly Haggerty Drive. 0 0 Appendix A — Review Agency Comments Carriage Park July 12, 2007 Page 2 Frederick County Inspections: No comment required at this time. Frederick -Winchester Service Authority: The first item of concern is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate way of measuring wastewater flows. We would like to see more detail relative to the design/construction of such a submeter if it would be acceptable. Sanitation Authority: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this development. The eight -inch water line through Blue Ridge Mobile I Iome Park might not provide the added demands of this project's 165 units. The developer will probably need to extend the water line on Valley Mill Road and comiect it to this project. Frederick -Winchester Health Department: The Health Department has no objection as long as sufficient public water and sewer service can be provided. Department of Parks & Recreation: Plan appears to offer appropriate monetary proffer to offset this development will have on the parks and recreational services provided by Frederick County. It is assumed that recreational and open space requirements will be addressed in future plans to be reviewed. The Parks and Recreation Department would also like to see a detailed pedestriar-/bicycle trails plan which offers an internal network and provides connection to existing and future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. 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. However, residents in this area could experience fly over noise from aircraft arriving and departing the Winchester Airport from the northeast. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. While the Generalized Development Plan contains few details, nevertheless the proffer statement should include a proffer that provides that development shall occur in substantial conformity with the Generalized Development Plan. 2. In Proffer 1.1 it is provided that the residential development shall not exceed 165 dwelling units. However, the GDP provides for a total of 0 0 Appendix A — Review Agency Comments Carriage Park July 12, 2007 Page 3 only 161 dwelling units. 3. The staff should determine whether the Site Access Point, the Interparcel Connection Point, and the Emergency Access Point are located with sufficient detail on the GDPA. With respect to Proffer 12.3, the staff should determine whether the interparcel connector location is appropriate, given any existing or planned streets on the adjoining parcel. 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 Planling Commission. Mr. Mitchell )vas provided with the latest proffer statement submitted on July3, 2007. His comments are pending. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of June 20, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made three recommendations which included: • Protect natural vegetation along Rt. 7 and Valley Mill Rd. to the greatest extent possible. • The backyard of the single family lots abutting the historical Stafford property need a vegetative protection buffer. • Install a roadside interpretive site which the HRAB decided would be more useful along Valley Mill Rd. as compared to placing it along Rt. 7. These recommendations made by the HRAB were addressed at the August 15, 2006 meeting. The HRAB felt that the rezoning application had thoroughly addressed their comments and reconunended that this proposal move forward since there were no further issues. Planning Department: Please see attached letter dated August 3, 2006 fi•0777 Eric R. Lanvrence, Plannh?g Dil'ectOT. 0 • -----Original Message ----- From: Ingram, Lloyd(mailto:Lloyd.Ingram@VDOT.Virginia.gov] Sent: Tuesday, July 17, 2007 11:38 AM To: Patrick R. Sowers Cc: Mike Ruddy Subject: Carriage Park Proffers Patrick, After reviewing the proposed proffers, VDOT offers the following comments: * 12.3 - it would be preferable if the proffer was more flexible to allow for VDOT to determine when the signal was warranted and then require installation 180 days after written notice was issued. * Was there to be any proffered per unit dollar value dedicated to the area roadway improvements? This had been seen earlier in the rezoning process but appears to be missing in this latest revision. Regards, Lloyd A. Ingram Transportation Engineer VDOT - Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) E Appendix B - Planning Commission History and Action Summary PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING: The applicant's attorney, Mr. Clay Athey, presented their proposed access out to existing Valley Mill Road and continuing out to Route 7, explaining how Valley Mill will line up directly with the off ramps for proposed Route 37 and their plans to improve the intersection with traffic -control devices. Mr. Athey did not believe this option was inconsistent with satisfying the County's Eastern Road Plan. He noted their provision for a proposed connector, if right-of-way can be acquired across the Stafford property back to Valley Mill Road. He also made note of the applicant's monetary provision towards transportation, which exceeded the proffer model, to help meet the County's transportation goals. The applicant's design consultant, Mr. Charles W. Maddox, Jr., noted that the access alternative described by Mr. Athey was in keeping with the HRAB's desire to create an unbroken vegetative buffer along Route 7. He said the monetary proffer for fencing and improvements to Star Fort, in lieu of interpretive kiosks along Route 7, was also preferred by the HRAB. It was also noted that the proposed layout does affect some of the more environmentally- sensitive areas of the site, but the applicant's reason for doing so was to create a better transportation system. One property owner spoke during the public conunent portion of the hearing. Mr. Tim Stafford, whose family owned the adjacent Valley Mill Farm, said he was opposed to the rezoning primarily because the access described by the applicant's representatives crossed tlu ough a floodplain area. Mr. Stafford said that over the years, the development that has occurred around his property has affected his property, causing the creek to flood, with water coming closer to his home with each storm, and trees to fall. Mr. Lloyd Ingram of VDOT was called to the podium to address numerous questions raised by Commission members. Those questions included the accuracy of the interchange design presented by the applicant; whether VDOT considered the applicant's proposed access a better alternative than direct access to Route 7; the interim impact on Valley Mill Road, if VDOT had concerns about the close proximity of the Haggerty traffic signal on a major arterial highway; and if there were any obstacles that would prevent the applicant from crossing the environmentally -sensitive area. Mr. Ingram replied that the interchange presented by the applicant is basically conceptual and has not yet been engineered. He said it was VDOT's opinion that the proposed entrance alternative was a better scenario than direct access onto Route 7, which in their opinion, was a fatal flaw and presented safety issues for the traveling public and local residents. Mr. Ingram said the one -lane bridge will be a bottleneck, but will keep the flow of traffic through there relatively low; traffic signals will be installed only when warranted and spacing was sufficient to allow a synchronized system. Frederick County's Transportation Plamzer, Mr. John A. Bishop, presented his views on why this issue was more complex than just whether or not it was safer to go out on Valley Mill Road or to Route 7. He explained that Valley Mill Road is planned to be relocated, so although the Eastern Road Plan does not say specifically this crossover will be closed, it can be inferred by the relocation. He said the primary reason for the relocation is that the geometry would be very difficult to improve to the point where it can adequately meet future development. Further, with the Haggerty and the Adams rezonings, there is a requirement that Eddy's Lane have access through there. Mr. Bishop said it was not just the 1,600 trips from this development, but the additional trips from those new developments would have the opportunity to come up Eddys Lane and Valley Mill through an area that is very hard to adequately fix. He explained Appendix B — PC Action Summary and Action Carriage Park July 12, 2007 Page 2 that considering the amount of long-term traffic, the one side is unlikely to be able to handle the traffic without some major redevelopment of Valley Mill Road where it currently enters Route 7. IIe said this, in turn, could affect where the Route 37 ramps need to go. Numerous questions and concerns were raised by Commission members. Commissioners recognized the applicant's work on making the unique situation of this site work; furthermore, they were not completely opposed to something along the lines of what the applicant was proposing, assuming it fits in and compliments the Eastern Road Plan. Iowever, members of the Commission wanted to know more from the applicant about the design of the proposed intersection, not only how things would potentially line up, but also the scope of improvements. They also wanted more information on the enviromnental impacts. They thought the proposal was much too conceptual at this point and asked the applicant if they could present something that would help the Connnission visualize how this will take shape. Members of the Commission said they would also like to see more clarity on what the system would look like relative to the proposed improvements of the Eastern Road Plan. A motion was made, seconded, and unanimously passed to table the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant, as follows: to provide the Connnission with a design of the proposed intersection, not only detailing how things will potentially line up, but the scope of improvements; to provide additional information on the environmental impacts; and, to provide additional clarification on what the system would look like relative to the proposed improvements of the Eastern Road Plan. The Commission sought clarification and answers to those issues from VDOT as well. (Note: Commissioners Light, Ours, and Thomas were absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/21/07 MEETING: The applicant requested that their application be tabled for 30 days. The applicant said they were very close to working out the principal issues, but had some property owner details that needed to be solidified and proffers that needed to be checked by the County attorney. Commission members asked the applicant if a 30-day tabling was realistic with the issues that need to be worked out with VDOT and the surrounding property owners. The applicant replied yes; the applicant intended to work diligently to meet that requirement and he believed 30 days was a sufficient amount of time. There were no public comments. By a unanimous vote, the Commission granted the applicant's request for a 30-day tabling to April 18, 2007. (Commissioner Unger was absent from the meeting.) Appendix B — PC Action Summary and Action Carriage Park July 12, 2007 Page 3 PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/18/07 MEETING: The Commission reviewed the Applicant's requested continuance of this item and tabled the application for an additional 30 days. There were no public comments. By a unanimous vote, the Commission tabled the request until the May 16, 2007 meeting. The Applicant was not present at the meeting. (Commissioners Thomas and Watt were absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/16/07 MEETING: The applicant provided the Planning Commission with a modified Proffer Statement dated May 14, 2007, prior to the meeting. The Conunission noted the changes made, in particular the reduction in the monetary contribution to Frederick County Public Schools. There were no public comments. Significant issues for members of the Commission involved transportation. In particular, concern was raised about Paragraph 12.2 of the applicant's proffer under Transportation regarding the timing for the signalized intersection on Route 7 and the desire to have relocated Valley Mill Road paved the entire way to existing Valley Mill Road. Commissioners preferred to have commitments by the applicant for the construction of the road and the intersection at the onset of the project and much earlier than the 125"' building permit. They believed Paragraph 12.2 as written could leave the County exposed to a much worse situation, particularly for the residents in that area. Cornrnission members questioned why the applicant was not constructing relocated Valley Mill Road as a major collector road, as called for in the Eastern Road Plan; they preferred to have the applicant commit to an 80-foot right-of-way and not have individual lot access on the road. They wanted to make sure that as this road comes to fruition; it is developed as a major collector road and ultimately provides that function. Other Commissioners wanted to see the connection to the mobile home park done in Phase I. In addition, noted that if the adjoining property owner to the south was not willing to provide essential right-of-way, then the road would have to be moved further south, affecting the future ramp location for Route 37. This in turn would affect property owners in the area who were not previously affected by the path of Route 37. Commission members thought the proposal did have potential and the location of the intersection on Route 7 could possibly be an improvement; however, they believed there were a considerable number of loose ends to the proposal, particularly with the transportation phasing program. They encouraged the applicant to make changes to their proffers so the Board of Supervisors could review a refinement in the application. By a majority vote, the Plamling Commission recommended denial of the rezoning. The majority vote was as follows: YES (TO REC. DENIAL): Morris, Oates, Wilmot, Ours, Kriz, Mohn Appendix B — PC Action Sunnnaiy and Action Carriage Park July 12, 2007 Page 4 NO: Unger, Thomas, Triplett ABSTAIN: Kerr (Note: Commissioners Watt, Manuel, and Light were absent from the meeting.) ARD OF SUPERVISORS SUMMARY AND ACTION OF THE 06/13/07 MEETING: The Board of Supervisors tabled this request until their July 25, 2007 meeting. 0 • REZONING APPLICATION #12-06 CARRIAGE PARK Staff Report for the Board of Supervisors Prepared: June 4, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: November 1, 2006 Tabled by Planning Commission Planning Commission: March 21, 2007 Tabled at request of Applicant April 18, 2007 Tabled by Planning Commission May 16, 2007 Recommended Denial Board of Supervisors*: June 13, 2007 Pending* *Please refer to the staff update on Page 19 for a BOS summary review of this application. PROPOSAL: To rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH 1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 249 single family attached townhouses. (Previously the proposal was for 165 attached and detached single family homes). LOCATION: The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D PROPERTY ZONING: RA (Rural Areas) District and MH1 (Mobile Home Community) District PRESENT USE: Mobile Home Community, residential, and vacant. ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential and Agricultural East: RA (Rural Areas) Use: Residential West: MH1 (Mobile Home Community) Use: Mobile Home Community Rezoning #12-06 — Carriage Park June 4, 2007 Page 2 PROPOSED USES: Up to 249 single family attached townhouses (45.44 acres @ 5.5 units per acre). (Previously the proposal was for 165 attached and detached single family homes). REVIEW EVALUATIONS: Virginia Dept. of Transportation: I have reviewed your proffer statement dated August 10, 2006 and offer the following comments: With the volume of traffic currently utilizing Route 7, existing access points and the additional traffic generated by this site, the Residency feels access to this site provided through the Valley Mill Connector with no direct connection to Route 7 is needed. Item 12.7: The Residency suggests the wording be clarified on this proffer to reflect construction within 180 days of written request by VDOT. We feel this would ensure the installation of the traffic signal based on traffic conditions. Item 12.11: Residency suggests more flexibility should be provided to the County to meet overall transportation needs in this area of the County. The applicant has been open to addressing the needs of the transportation issues arising from this proposed development. However, we are concerned that within the context of the proffers, the desire of the Residency and County to connect this subdivision to Route 7 via the Valley Mill Road Relocation, while mentioned, it does not appear to be a priority. The application is requesting full build -out regardless of completing the connection to Valley Mill Road. Mr. Lloyd Ingram of VDOT provided revised comments (see attached) dated September 29, 2006. Please see attached revised comments dated February 23, 2007from Mr. Lloyd Ingram, VDOT. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Greenwood Volunteer Fire Company: OK. Note: Area Fire & Rescue Company is Greenwood Volunteer Fire & Rescue Co. Why no access off of Valley Mill Road? Public Works Department: Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer to Site Suitability: The table summarizing environmental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys, it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies furnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions". Actually, the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross -over at the intersection of Valley Mill Road and Route 7 is not adequate to accommodate the U-turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to ensure that these intersection improvements will be made prior to initiating construction on this site. 4. Refer to Site Drainage: The discussion indicates that low impact development techniques.... will mitigate adverse stormwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will 0 • Rezoning #12-06 — Carriage Park June 4, 2007 Page 3 clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that "consideration of curbside pick-up would be an improvement to solid waste issues associated with increased dumpster use in the County". This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore, any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option; rather it will be a requirement. This statement should be corrected accordingly and revised in the Proffer Statement, Paragraph 9.2 iii (Delete "if they decide to use a commercial collection company.") 6. Refer to Proffer Statement, paragraph 12.1: The statement indicates that the applicant shall privately fund all transportation improvements required of this project. Indicate if this offer extends to improvements at/on the Route 7 intersection related to Valley Mill Road or possibly Haggerty Drive. Frederick County Inspections: No comment required at this time. Frederick -Winchester Service Authority: The first item of concern is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate way of measuring wastewater flows. We would like to see more detail relative to the design/construction of such a submeter if it would be acceptable. Sanitation Authority: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this development. The eight -inch water line through Blue Ridge Mobile Home Park might not provide the added demands of this proj ect's 165 units. The developer will probably need to extend the water line on Valley Mill Road and connect it to this project. Frederick -Winchester Health Department: The Health Department has no objection as long as sufficient public water and sewer service can be provided. Department of Parks & Recreation: Plan appears to offer appropriate monetary proffer to offset this development will have on the parks and recreational services provided by Frederick County. It is assumed that recreational and open space requirements will be addressed in future plans to be reviewed. The Parks and Recreation Department would also like to see a detailed pedestrian/bicycle trails plan which offers an internal network and provides connection to existing and future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. • 0 Rezoning 912-06 — Carriage Park June 4, 2007 Page 4 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. However, residents in this area could experience fly over noise from aircraft arriving and departing the Winchester Airport from the northeast. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. While the Generalized Development Plan contains few details, nevertheless the proffer statement should include a proffer that provides that development shall occur in substantial conformity with the Generalized Development Plan. 2. In Proffer 1.1 it is provided that the residential development shall not exceed 165 dwelling units. However, the GDP provides for a total of only 161 dwelling units. 3. The staff should determine whether the Site Access Point, the Interparcel Connection Point, and the Emergency Access Point are located with sufficient detail on the GDPA. With respect to Proffer 12.3, the staff should determine whether the interparcel connector location is appropriate, given any existing or planned streets on the adjoining parcel. 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. Mr. Mitchell was provided with the latest proffer statement submitted on February 23, 2007. His comments were provided to the Applicant. The most recent 5114107proffer, submitted at the 5116107 PC meeting, was also forwarded to Mr. Mitchell. His comments are pending. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of June 20, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made three recommendations which included: • Protect natural vegetation along Rt. 7 and Valley Mill Rd. to the greatest extent possible. • The backyard of the single family lots abutting the historical Stafford property need a vegetative protection buffer. • Install a roadside interpretive site which the HRAB decided would be more useful along Valley Mill Rd. as compared to placing it along Rt. 7. These recommendations made by the HRAB were addressed at the August 15, 2006 meeting. The HRAB felt that the rezoning application had thoroughly addressed their comments and recommended that this proposal move forward since there were no further issues. Planning Department: Please see attached letter dated August 3, 2006 from Eric R. Lawrence, Planning Director. Rezoning #12-06 — Carriage Park June 4, 2007 Page 5 Planning & Zoning: The Applicant has submitted a revised Proffer Statement dated January 25, 2007. The Generalized Development Plan which is apart of the Proffer Statement has also been modified. The changes are relatively substantial and exceed the scope of what the Planning Commission discussed with the Applicant during the Planning Commission's meeting on November 1, 2006. Staff has attempted to identify the changes to the Proffer Statement and GDP within the staff report. 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcels for which the rezoning is being requested as being zoned a combination of A-1 Agricultural and MH Mobile Home zoning classifications. 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 properties and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. The Mobile Home designation encompasses the original boundaries of the Blue Ridge Mobile Home Park. The most recent Site Plan for the development of the remaining areas of the Blue Ridge Mobile Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line Adjustment Plat was approved by the County that reorganized the parcels that make up this rezoning request. Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-174A maintained the RA zoning classification. Parcels 55-A-168 and 55-A-174D maintained the MH1 zoning classification. Parcel 55-A-174A contains both the MHl and RA zoning classification. The approval of this rezoning request would place all of the properties entirely into the RP 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] 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 map designates the general area in which the Carriage Place property is located for residential land uses. Rezoning #12-06 — Carriage Park June 4, 2007 Page 6 The average overall residential density of the Urban Development Area should not exceed three units per acre. More specifically, the Zoning Ordinance stipulates that properties which contain less than one hundred acres but more than ten acres should not exceed 5.5 units per acre. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. As land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The goals of the Comprehensive Plan also include protecting the natural environment from damage due to development activity, avoiding development in environmentally sensitive areas, and the identification and protection of important natural resources. A balanced approach to providing necessary transportation infrastructure in the area of the project and promoting the protection of sensitive environmental areas and features is warranted. Transportation The Frederick County Eastern Road Plan provides the 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). Route 7 is an arterial road whose character should be fully recognized in any rezoning application. Route 7 is characterized with high volumes of traffic traveling at rates of speed in excess of 55 miles per hour. Access management should be a key consideration. Valley Mill Road is identified as an improved major collector road in the County's Eastern Road Plan. In addition, Valley Mill Road is shown as being relocated to a new location and alignment. In 2005, modifications to the County's Eastern Road Plan occurred in the vicinity of this project. The modifications were completed in recognition of the changing traffic patterns in the area, the recently approved Haggerty project which provided for a new Spine Road parallel to future Route 37, and the need to avoid the historically and environmentally sensitive areas in the vicinity of the one lane bridge over Abrams Creek. Valley Mill Road is designated as a major collector road that traverses south of its existing location, providing a new crossing of Abram's Creek, and connecting with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. This location is immediately west of the Opequon Wastewater Treatment Facility. This approach furthers access management goals along Route 7. Rezoning #12-06 — Carriage Park June 4, 2007 Page 7 New development in the Urban Development Area should only be approved when roads and other infrastructure with sufficient capacity have been provided. The Comprehensive Plan identifies that a level of service "C" should be maintained on roads adjacent to and within new developments and that traffic analysis should be provided by the applicants to ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In some cases, new development may need to contribute to the provision, construction, or improvement of roads that are not adjacent to the development. In such cases, developments should contribute their fair share costs of road improvements needed to accommodate the traffic generated by a particular development. 3) Site Suitability/Environment The Carriage Park site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. Ash Hollow Run parallels Route 7 along the entire frontage of the property. Abram's Creek forms a portion of the eastern boundary of the property. A pond is located central to the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The site is predominantly heavily wooded. The area of this site in floodplain, wetlands, ponds, streams and steep slopes has not been entirely identified in the application. By current County definition, this project contains relatively small areas of steep slopes. The Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The application proposes development of a greater intensity in the reasonably level wooded areas and offers areas that will be set aside for environmental and open space purposes. The revised road layout proposes access to the site directly from Route 7 immediately west of Abrams Creek. Previously the road layout included access to the site from Valley Mill Road via a crossing ofAbram's Creek and its associatedfloodplain, in an area that contained the steepest slopes on the property. As proposed, the projects only access road includes the crossing of Ash Hollow Run. Protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. To help achieve this, the location of the limits of disturbance could be extended beyond the proposed 100' proffered natural vegetative buffer to cover the protection of the identified environmental features, including the floodplain. Presently, the limits of disturbance do not entirely cover the creeks and their associated floodplains. • Rezoning #12-06 — Carriage Park June 4, 2007 Page 8 Initially, the Applicant provided for a 15 foot no cut vegetative buffer along the southern portion of the project boundary with Valley Mill Farm which was shown on the GDP. A portion of this proposed buffer was shown on the GDP in a location where no vegetation existed. As noted, current County Ordinance recognizes that a 50 foot woodland strip could be utilized as a desirable and effective alternative to typical buffer and screening standards. It should be recognized that no buffer and screening requirements exist between the proposed development and the property to the southeast, Valley Mill Farm. The Applicant has the ability to address this issue in the Proffer Statement. The revised Proffer Statement and GDP provides no consideration for buffering the adjacent properties in particular the property to the south east as recommended by the HRAB. The relocation of the road directly adjacent to this property line further eliminates the ability to buffer the adjacent property from the proposed development. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. 4) Potential Impacts A. Transportation Traffic Impact Anal The latest Traffic Impact Analysis (TIA) prepared for this project, dated February 23, 2007, was prepared as an addendum to the September 8, 2006 TIA. The initial TIA projected that the development of 165 residential units (53 single family detached and 94 single family attached residential units) would generate 1,348 vehicle trips per day. The new TIA projects that the development of 240 single family attached townhouse units would generate 2,088 vehicle trips per day. The report was developed with access to the site provided via a signalized site driveway along the south side of Route 7. The TIA concludes that the traffic impacts associated with the Carriage Park application are acceptable and manageable, assuming suggested improvements are in place. Suggested improvements include the signalization of the intersection of the site access road with Route 7. The TIA identifies that this intersection will function at an unacceptable level of service without the suggested improvements. Previously, access to the project was being provided via a single site driveway onto existing Valley Mill Road, Route 659, immediately south of Valley Mill Road's intersection with Route 7. Transportation Program. The Generalized Development Plan for Carriage Park delineates the general public road system that will serve the residential development. This consists of one road that runs from Route 7 to the southern corner of the property directly adjacent and parallel to the southeastern property line. This provides the ability to connect to the property to the southwest of the site. The Applicant has proffered that this road will be constructed as a two lane rural undivided collector roadway on a 50 foot right of way. Further, that no direct lot access shall be permitted on the road. No other internal streets have been identified in the GDP and no public inter parcel connections to the adjacentproperty to the west are proposed Rezoning #12-06 — Carriage Park June 4, 2007 Page 9 Background. Initially, the applicant designed the public road system with on site access to and from Carriage Park via Route 7. Establishment of a new entrance onto Route 7 was strongly discouraged. Due to significant concerns with this approach, the applicant redesigned the road system. The revised road system presented to the Planning Commission in November provided for primary access from existing Valley Mill Road, immediately south of its intersection with Route 7, and north of the existing one lane bridge crossing of Abrams Creek. The existing section of Valley Mill Road in this area was identified as being insufficient to accommodate the traffic from this, and adjacent projects, as was the existing intersection on Route 7 without significant improvements and environmental impact. As noted previously, the Comprehensive Plan promotes an effort to enhance and relocate Valley Mill Road so that it serves as a major collector road. This enhancement will provide for a more efficient transportation network that also minimizes environmental and cultural impacts. Valley Mill Road is designated as a major collector road that traverses south of its existing location, provides a new crossing of Abram's Creek, and connects with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. Staff maintains that all efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primary access route to the development. Since the Planning Commission's Public Hearing on this project, Staff, VDOT, and the Applicant's representative, who also represents two other projects in this general area, have discussed the Eastern Road Plan in the vicinity of this project in great detail. A request to revise the Eastern Road Plan in the vicinity of Valley Mill Road was submitted but not pursued. Due to the complex nature of the transportation issues in this area it was recognized that a detailed traffic analysis which covers a broader area than the individual site TIA's would be extremely valuable. The revised Proffer Statement and GDP propose a relocated alignment for the future Route 37 on/off ramp. The Applicant asserts that the location of the Route 37 ramps west of Route 7's crossing ofAbram's Creek is dictated by minimum curve radius standards which would preclude this ramp from aligning with existing Valley Mill Road VDOT has reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this major intersection should be carefully considered As previously noted, the realignment to this location would impact additional properties and residences on the north side of Route 7 that were not previously identified as being impacted by the construction of Route 37. The Applicant's assertion that their proposal is better without being willing to fully study would not justify impacting additional homeowners for this ramp configuration. Please see additional comments provide by VDOT, dated March 7 regarding this issue. • Rezoning #12-06 — Carriage Park June 4, 2007 Page 10 It should be recognized that the spacing of the future on and off ramps on both the west and east sides of future Route 37 are approximately the same distance from future Route 37, approximately 600 feet. The previously approved Haggerty Spine Road intersects directly across from the future Route 37 on/off ramp east of future Route 37. The Carriage Place application does not address the intersection of Valley Mill Road and Route 7 which is located approximately 500 feet east of the proposed signalized intersection. This intersection and existing crossover would remain in place. Please refer to the comments provided by VDOT on February 23, 2007 regarding this issue. Existing Route 659, Burnt Factory Road, located approximately 400 feet west of the proposed signalized intersection should also be a consideration. If it is ultimately determined that the approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner that fully enables the implementation of the future signalization of the Route 37southbound ramps, including vertical and horizontal designs and all turning movements. The Applicant's proffer states that the said entrance and signal shall be designed and constructed with improvements as necessary on Route 7 to accommodate the future construction of the Route 37 ramp as depicted on the GDP. The build out lane geometry shown in the TIA appears to be missing a north bound through lane on the site driveway and a left turn lane from the eastbound Route 7 on to the Route 37 on ramp. The Proffer Statement, GDP, and TIA should be clearly coordinated to complete the ultimate improvements to this intersection to accommodate the Route 37 ramps. The left turn lane is important when considering vehicles making an undesirable u-turn movement on Route 7. This condition presently exists at the Valley Mill Road crossover and is exacerbated by vehicle trips from the Blue Ridge Mobile Home Park who don't have the benefit of an alternative way in and out of their development, and by trips utilizing Burnt Factory Road. Consideration should also be given to additional traffic that may ultimately use the proposed road as a collector to gain access to Route 7. Presently, only the trips generated from the actual development, 2088, have been considered in the TIA and accounted for in the build -out lane geometry which achieves a level of service C. The initial TIA included an additional 3850 trips utilizing Valley Mill Road. The inclusion of additional trips into this intersection would likely have an impact on the level of service of this intersection. As an alternative to implementing the construction of the road network identified in the Comprehensive Plan, the Applicant had previously proffered a monetary contribution in the amount of $5,000 per single family detached residential unit and $3,000 per single family attached townhouse unit for improvements in the general vicinity of the project, including the connection from this project to Valley Mill Road to the south, and the relocation of Valley Mill Road. This proffered contribution has been eliminated from the Proffer Statement. Rezoning #12-06 — Carriage Park June 4, 2007 Page 11 It should be evaluated whether the transportation improvements proffered by theApplicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. The road layout provides the potential for interparcel connection to the property to the south. An emergency access interparcel connection is proposed with the adjacent Blue Ridge Mobile Home Park. However, this is proposed as a private emergency connection. Inter -parcel comiectivity of the public street system is a requirement of the zoning Ordinance and should be extended to the Blue Ridge Mobile Hoene Park. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network. Control of this access point should be at the discretion of the Board of Supervisors. Omitted from the transportation program are any additional accommodations for pedestrian circulation and potential multiuse trails that would provide access internal to the project and ultimately to the adjacent residential developments. The comments offered by the Department of Parks and Recreation relating to this effort have not been addressed. In general, the general transportation program does notpromote an approach thatfurthers the transportation goals of the Comprehensive Plan. B. Sewer and Water The Carriage Place rezoning proposal is estimated to require approximately 32,200 gallons per day of water usage and approximately 32,200 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. Recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester Service A uthority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Community Facilities The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The schools evaluation anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. The revised housing type would generate at the full allowable density would generate the same Rezoning #12-06 — Carriage Park June 4, 2007 Page 12 amount 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the H"' elementary school opened in the fall of 2006 opened above its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build out and occupancy of previously approved residential projects in the UDA. The 12"' elementary school has been identified in the current Capital Improvements Plan for this general area of the UDA. However, no site has been located or construction initiated to address the needs of additional students generated in this area of the UDA. 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 and $17,732 for single family attached residential dwellings. This application previously addressed community facility impacts and needs by proffering a payment in the amount of $17,732 for single family attached residential dwellings to mitigate the impact to the identified community facilities. The latest 5/14/07 proffer reduces the amount proffered for public schools. 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. For each single family attached unit: $528 for fire and rescue; $14,618 for schools: $1,634 for parks and recreation; $204 for library; $503 for public safety; and $245 for General Government; $17,732 for capital improvements No rezoning should be approved unless the net impacts on community facilities are positive, or if the negative impacts can be adequately addressed through proffers or some other means. A request for a rezoning may be turned down even though all fiscal impacts appear to be addressed (Comprehensive Plan 8-17). The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. Rezoning #12-06 — Carriage Park June 4, 2007 Page 13 5) Proffer Statement — Dated January 25, 2006 and Revised February 2, 2006, May 23, 2006, June 28, 2006, August 10, 2006, and September 12, 2006. Revision Dated January 25, 2007 was reviewed by PC. Most recent revision dated 5114107 was discussed during 5116107 PC meeting. A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the street providing access to and through the project, residential land use areas, and open space areas within the Carriage Place development. The GDP may be utilized to a greater extent to address the sensitive environmental features on the property, the buffering of the adjacent residential uses, and the historic context of Berryville Canyon, among other things. B) Land Use The applicants have not proffered a limit to the total number of residential units. Based upon a maximum allowable density of 5.5 units per acre, a maximum yield of up to 249 single family attached townhouse units may be constructed. The applicant has committed to a phased introduction of the residential units over a minimum four year period with the potential for up to seventy five units per year (Previously, the commitment was over a minimum three year period). The Applicant has committed to not make application for more than 75 building permits in any twelve month period. This phased approach specifies that the date of final rezoning would commence the phasing of the issuance of building permits. The intent of phasing is to ensure a timed integration of new development in a manner that would enable the timely provision of the public facilities necessary to serve the new development. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. Regardless of the phasing approach, the comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be recognized. C) Transportation The applicant has proffered the signalization of the intersection of the site driveway and Route 7. The Applicant has also proffered to construct a two lane rural undivided collector roadway on a fifty foot right of way from the entrance to the southern property prior to issuance of the 125th building permit. Further, that no direct access shall be permitted on the said collector road. This project is located within the Urban DevelopmentArea and all roads should be built with an urban typical section. Sufficient right of way should be provided to accommodate the appropriate road section. In addition, the majority of the length of this road should be completed at the initiation of the project rather than by the 125t" building permit. The monetary contribution in the amount of $5,000 per single family detached unit and $3,000 per single family attached townhouse unit for transportation improvements in the vicinity of the project has been eliminated from the proffer statement. 0 0 Rezoning #12-06 — Carriage Park June 4, 2007 Page 14 Historic Resource Protection The applicant has proffered a $25,000 contribution to the County for purposes associated with security fencing at Star Fort. The proffered buffers along Route 7, Berryville Canyon, are not accurately reflected on the GDP. However, this concept and the buffer and screening of adjacent properties, including the historical Valley Mill Farm, should be addressed to a greater extent as part of this application. STAFF CONCLUSIONS FOR 09/20/06 PLANNING COMMISSION MEETING: The Carriage Place rezoning application, while generally consistent with firture land use designations of the Comprehensive Plan, does not fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the transportation impacts, the environmental impacts, and the capacities and capabilities of community facilities needed to serve the proposed land uses. At this time, the road improvements identified in the Comprehensive Policy Plan are not fully addressed in the application. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING: The applicant's attorney, Mr. Clay Athey, presented their proposed access out to existing Valley Mill Road and continuing out to Route 7, explaining how Valley Mill will line up directly with the off ramps for proposed Route 37 and their plans to improve the intersection with traffic -control devices. Mr. Athey did not believe this option was inconsistent with satisfying the County's Eastern Road Plan. He noted their provision for a proposed connector, if right-of-way can be acquired across the Stafford property back to Valley Mill Road. He also made note of the applicant's monetary provision towards transportation, which exceeded the proffer model, to help meet the County's transportation goals. The applicant's design consultant, Mr. Charles W. Maddox, Jr., noted that the access alternative described by Mr. Athey was in keeping with the HRAB's desire to create an unbroken vegetative buffer along Route 7. He said the monetary proffer for fencing and improvements to Star Fort, in lieu of interpretive kiosks along Route 7, was also preferred by the HRAB. It was also noted that the proposed layout does affect some of the more environmentally- sensitive areas of the site, but the applicant's reason for doing so was to create a better transportation system. One property owner spoke during the public comment portion of the hearing. Mr. Tim Stafford, whose family owned the adjacent Valley Mill Farm, said he was opposed to the rezoning primarily because the access described by the applicant's representatives crossed through a floodplain area. Mr. Stafford said that over the years, the development that has occurred around his property has affected his property, causing the creek to flood, with water coming closer to his home with each storm, and trees to fall. ! 0 Rezoning #12-06 — Carriage Park June 4, 2007 Page 15 Mr. Lloyd Ingram of VDOT was called to the podium to address numerous questions raised by Commission members. Those questions included the accuracy of the interchange design presented by the applicant; whether VDOT considered the applicant's proposed access a better alternative than direct access to Route 7; the interim impact on Valley Mill Road, if VDOT had concerns about the close proximity of the Haggerty traffic signal on a major arterial highway; and if there were any obstacles that would prevent the applicant from crossing the environmentally -sensitive area. Mr. Ingram replied that the interchange presented by the applicant is basically conceptual and has not yet been engineered. He said it was VDOT's opinion that the proposed entrance alternative was a better scenario than direct access onto Route 7, which in their opinion, was a fatal flaw and presented safety issues for the traveling public and local residents. Mr. Ingram said the one -lane bridge will be a bottleneck, but will keep the flow of traffic through there relatively low; traffic signals will be installed only when warranted and spacing was sufficient to allow a synchronized system. Frederick County's Transportation Planner, Mr. John A. Bishop, presented his views on why this issue was more complex than just whether or not it was safer to go out on Valley Mill Road or to Route 7. He explained that Valley Mill Road is planned to be relocated, so although the Eastern Road Plan does not say specifically this crossover will be closed, it can be inferred by the relocation. He said the primary reason for the relocation is that the geometry would be very difficult to improve to the point where it can adequately meet future development. Further, with the Haggerty and the Adams rezonings, there is a requirement that Eddy's Lane have access through there. Mr. Bishop said it was not just the 1,600 trips from this development, but the additional trips from those new developments would have the opportunity to come up Eddys Lane and Valley Mill through an area that is very hard to adequately fix. He explained that considering the amount of long-term traffic, the one side is unlikely to be able to handle the traffic without some maj or redevelopment of Valley Mill Road where it currently enters Route 7. He said this, in turn, could affect where the Route 37 ramps need to go. Numerous questions and concerns were raised by Commission members. Commissioners recognized the applicant's work on making the unique situation of this site work; furthermore, they were not completely opposed to something along the lines of what the applicant was proposing, assuming it fits in and compliments the Eastern Road Plan. However, members of the Commission wanted to know more from the applicant about the design of the proposed intersection, not only how things would potentially line up, but also the scope of improvements. They also wanted more information on the environmental impacts. They thought the proposal was much too conceptual at this point and asked the applicant if they could present something that would help the Commission visualize how this will take shape. Members of the Commission said they would also like to see more clarity on what the system would look like relative to the proposed improvements of the Eastern Road Plan. A motion was made, seconded, and unanimously passed to table the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant, as follows: to provide the Commission with a design of the proposed intersection, not only detailing how things will potentially line up, but the scope of improvements; to provide additional information on the environmental impacts; and, to provide additional clarification on what the system would look like relative to the proposed improvements of the Eastern Road Plan. The Commission sought clarification and answers to those issues from VDOT as well. (Note: Commissioners Light, Ours, and Thomas were absent from the meeting.) 0 0 Rezoning #12-06 — Carriage Park June 4, 2007 Page 16 STAFF UPDATE FOR 03/21/07 PLANNING COMMISSION MEETING: The Commission previously tabled the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant regarding the design of the proposed intersection, the environmental impacts of the project, and what the transportation system would look like relative to the proposed improvements of the Eastern Road Plan. The Applicant has not responded directly to these issues. However, the applicant has substantially revised the application. The changes generally exceed the scope of what the Planning Commission had previously discussed. The Carriage Place rezoning application, while generally consistent with future land use designations of the Comprehensive Plan, does not appear to fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated including the following points. Staff maintains that all efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in t1:e manner identified in the Comprehensive Plan, as the primary access route to the development. The revised Proffer Statement and GDP propose a relocated alignment for the future Route 37 on/off ramp. VDOT leas reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this major intersection should be carefully considered. If it is ultimately determined that the transportation approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner thatfully enables the implementation of the future signalization of the Route 37southbound ramps, including vertical and horizontal designs and all turning movements. It should be evaluated whether the transportation improvements proffered by theApplicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. Inter parcel connectivity of the public street system is a requirement of the zoning Ordinance. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network. Control of this access point could be at the discretion of the Board of Supervisors. This project is located within the Urban DevelopmentArea and all roads should be built with an urban typical section. 0 • Rezoning #12-06 — Carriage Park June 4, 2007 Page 17 The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. The protection of the integrity of the pond, environmental open spaces, and the riparian areas alongAbram's Creek andAsh Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/21/07 MEETING: The applicant requested that their application be tabled for 30 days. The applicant said they were very close to working out the principal issues, but had some property owner details that needed to be solidified and proffers that needed to be checked by the County attorney. Commission members asked the applicant if a 30-day tabling was realistic with the issues that need to be worked out with VDOT and the surrounding property owners. The applicant replied yes; the applicant intended to work diligently to meet that requirement and he believed 30 days was a sufficient amount of time. There were no public comments. By a unanimous vote, the Commission granted the applicant's request for a 30-day tabling to April 18, 2007. (Commissioner Unger was absent from the meeting.) STAFF UPDATE FOR 04/18/07 PLANNING COMMISSION MEETING: Staff has not received any additional information from the Applicant. A request was provided by the Applicant on April 4, 2007 to continue the consideration of this application for an additional time period (see attached letter). The Planning Commission may address this request at your 4/18/07 meeting. PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/18/07 MEETING: The Commission reviewed the Applicant's requested continuance of this item and tabled the application for an additional 30 days. There were no public comments. By a unanimous vote, the Commission tabled the request until the May 16, 2007 meeting. The Applicant was not present at the meeting. (Commissioners Thomas and Watt were absent from the meeting.) • 0 Rezoning #12-06 — Carriage Park June 4, 2007 Page 18 STAFF UPDATE FOR 05/16/07 PLANNING COMMISSION MEETING: Staff has not received any additional information from the Applicant. The Planning Commission may address this request at your 5/16/07 meeting. The update and recommendations provided by Staff for your 03/21 /07 meeting (seepage 16) remain valid and reflect the most current information provided by the Applicant in support of their request. PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/16/07 MEETING: The applicant provided the Planning Commission with a modified Proffer Statement dated May 14, 2007, prior to the meeting. The Commission noted the changes made, in particular the reduction in the monetary contribution to Frederick County Public Schools. There were no public comments. Significant issues for members of the Commission involved transportation. In particular, concern was raised about Paragraph 12.2 of the applicant's proffer under Transportation regarding the timing for the signalized intersection on Route 7 and the desire to have relocated Valley Mill Road paved the entire way to existing Valley Mill Road. Commissioners preferred to have commitments by the applicant for the construction of the road and the intersection at the onset of the project and much earlier than the 125"' building permit. They believed Paragraph 12.2 as written could leave the County exposed to a much worse situation, particularly for the residents in that area. Commission members questioned why the applicant was not constructing relocated Valley Mill Road as a major collector road, as called for in the Eastern Road Plan; they preferred to have the applicant commit to an 80-foot right-of-way and not have individual lot access on the road. They wanted to make sure that as this road comes to fruition; it is developed as a major collector road and ultimately provides that function. Other Commissioners wanted to see the connection to the mobile home park done in Phase I. In addition, noted that if the adjoining property owner to the south was not willing to provide essential right-of-way, then the road would have to be moved further south, affecting the future ramp location for Route 37. This in turn would affect property owners in the area who were not previously affected by the path of Route 37. Commission members thought the proposal did have potential and the location of the intersection on Route 7 could possibly be an improvement; however, they believed there were a considerable number of loose ends to the proposal, particularly with the transportation phasing program. They encouraged the applicant to make changes to their proffers so the Board of Supervisors could review a refinement in the application. By a majority vote, the Planning Commission recommended denial of the rezoning. The majority vote was as follows: YES (TO REC. DENIAL): Morris, Oates, Wilmot, Ours, Kriz, Mohn NO: Unger, Thomas, Triplett 0 0 Rezoning #12-06 — Carriage Park June 4, 2007 Page 19 ABSTAIN: Kerr (Note: Commissioners Watt, Manuel, and Light were absent from the meeting.) STAFF UPDATE FOR 06/13/07 BOARD OF SUPERVISORS MEETING: No changes have been made to the Carriage Park application since the Planning Commission's recommendation was provided on May 16, 2007. The latest version of the proffer statement is May 14, 2007. Please be aware of the enclosed correspondence provided by the adjacent land owner whose property is significantly linked to this application and proffer statement. The correspondence is not supportive of the application and the commitments that are offered, particularly those that impact the Valley Mill Farm property. The correspondence is supportive of the County's long range transportation efforts, particularly the realignment of Valley Mill Road in the manner depicted on the Eastern Road Plan. The report and the Planning Commission's review highlighted that the Carriage Place rezoning application, while generally consistent with future land use designations of the Comprehensive Plan, does not fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should continue to be carefully evaluated including the following points. Staff maintains that all efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primary access route to the development. The revised Proffer Statement and GDP propose a road connection that would affect the relocated alignment for the future Route 37 on/off ramp. VDOT has reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this road and major intersection should be carefully considered If it is ultimately determined that the transportation approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner that fully enables the implementation of the future signalization of the Route 37 southbound ramps, including vertical and horizontal designs and all turning movements. It should be evaluated whether the transportation improvements proffered by the Applicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. Inter parcel connectivity of the public street system is a requirement of the zoning Ordinance. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile 0 • Rezoning #12-06 — Carriage Park June 4, 2007 Page 20 Home Ptak in the general location of the existing street network, in a timely manner. Control of this access point could be at the discretion of the Board of Supervisors. This project is located within the Urban Development Area and all roads should be built with an urban typical section. The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. The reduction in the monetauy contribution to public schools should be recognized It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. The proffer statement indicates placing the road directly adjacent to, and on the adjacent Valley Mill Farm property, and the buffer on this adjacent property. Please see the correspondence from this property owner. The protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. As presented, this application does not adequately address the impacts associated with this request; in particular, the transportation impacts, and creates additional impacts on adjacent property. All efforts should continue to be made to promote and implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan. 0 • REZONING APPLICATION 412-06 CARRIAGE PARK Staff Report for the Planning Commission Prepared: April 4, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: November 1, 2006 Tabled by Planning Commission Planning Commission: March 21, 2007 Tabled at request of Applicant April 18, 2007 Pending Board of Supervisors: May 9, 2007 Pending PROPOSAL: To rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 249 single family attached townhouses. (Previously the proposal wasfor 165 attached and detached single family homes). LOCATION: The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D PROPERTY ZONING: RA (Rural Areas) District and MH1 (Mobile Home Community) District PRESENT USE: Mobile Home Community, residential, and vacant. ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential and Agricultural East: RA (Rural Areas) Use: Residential West: MH1 (Mobile Home Community) Use: Mobile Home Community Rezoning #12-06 — Carriage Place April 4, 2007 Page 2 PROPOSED USES: Up to 249 single family attached towi-liouses (45.44 acres @ 5.5 units per acre). (Previously the proposal was for 165 attached and detached single family homes). REVIEW EVALUATIONS: Virl4inia Dept. of Transportation: I have reviewed your proffer statement dated August 10, 2006 and offer the following comments: With the volume of traffic currently utilizing Route 7, existing access points and the additional traffic generated by this site, the Residency feels access to this site provided through the Valley Mill Comzector with no direct connection to Route 7 is needed. Item 12.7: The Residency suggests the wording be clarified on this proffer to reflect construction within 180 days of written request by VDOT. We feel this would ensure the installation of the traffic signal based on traffic conditions. Item 12.11: Residency suggests more flexibility should be provided to the County to meet overall transportation needs in this area of the County. The applicant has been open to addressing the needs of the transportation issues arising from this proposed development. However, we are concerned that within the context of the proffers, the desire of the Residency and County to connect this subdivision to Route 7 via the Valley Mill Road Relocation, while mentioned, it does not appear to be a priority. The application is requesting frill build -out regardless of completing the connection to Valley Mill Road. Mr. Lloyd Ingram of VDOT provided revised comments (see attached) dated September 29, 2006. Please see attached revised comments dated February 23, 2007from Mr. Lloyd Ingram, VDOT. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Greenwood Volunteer Fire Company: OK. Note: Area Fire & Rescue Company is Greenwood Volunteer Fire & Rescue Co. Why no access off of Valley Mill Road? Public Works Department: Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer to Site Suitability: The table summarizing enviromnental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys, it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies furnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions". Actually, the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross -over at the intersection of Valley Mill Road and Route 7 is not adequate to accommodate the U-turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to ensure that these intersection improvements will be made prior to initiating construction on this site. 4. Refer to Site Drainage: The discussion indicates that low impact development techniques.... will mitigate adverse stormwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will Rezoning #12-06 — Carriage Place April 4, 2007 Page 3 clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that "consideration of curbside pick-up would be an improvement to solid waste issues associated with increased dumpster use in the County". This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore, any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option; rather it will be a requirement. This statement should be corrected accordingly and revised in the Proffer Statement, Paragraph 9.2 iii (Delete "if they decide to use a cornmercial collection company.") 6. Refer to Proffer Statement, paragraph 12.1: The statement indicates that the applicant shall privately firnd all transportation improvements required of this project. Indicate if this offer extends to improvements at/on the Route 7 intersection related to Valley Mill Road or possibly Haggerty Drive. Frederick County Inspections: No comment required at this time. Frederick -Winchester Service Authority: The first item of concern is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate way of measuring wastewater flows. We would like to see more detail relative to the design/construction of such a submeter if it would be acceptable. Sanitation Authority: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this development. The eight -inch water line through Blue Ridge Mobile Home Park might not provide the added demands of this project's 165 units. The developer will probably need to extend the water line on Valley Mill Road and connect it to this project. Frederick -Winchester Health Department: The Health Department has no objection as long as sufficient public water and sewer service can be provided. Department of Parks & Recreation: Plan appears to offer appropriate monetary proffer to offset this development will have on the parks and recreational services provided by Frederick County. It is assumed that recreational and open space requirements will be addressed in future plans to be reviewed. The Parks and Recreation Department would also like to see a detailed pedestrian/bicycle trails plan which offers an internal network and provides connection to existing and future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. 0 • Rezoning #12-06 — Carriage Place April 4, 2007 Page 4 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. However, residents in this area could experience fly over noise from aircraft arriving and departing the Winchester Airport from the northeast. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. While the Generalized Development Plan contains few details, nevertheless the proffer statement should include a proffer that provides that development shall occur in substantial conformity with the Generalized Development Plan. 2. In Proffer 1.1 it is provided that the residential development shall not exceed 165 dwelling units. However, the GDP provides for a total of only 161 dwelling units. 3. The staff should determine whether the Site Access Point, the Interparcel Cormection Point, and the Emergency Access Point are located with sufficient detail on the GDPA. With respect to Proffer 12.3, the staff should determine whether the interparcel connector location is appropriate, given any existing or planned streets on the adjoining parcel. 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. Mr. Mitchell has been provided with the latestproffer statement submitted on February 23, 2007. His comments are pending. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of June 20, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made three recommmendations which included: • Protect natural vegetation along Rt. 7 and Valley Mill Rd. to the greatest extent possible. • The backyard of the single family lots abutting the historical Stafford property need a vegetative protection buffer. • Install a roadside interpretive site which the HRAB decided would be more useful along Valley Mill Rd. as compared to placing it along Rt. 7. These recommendations made by the HRAB were addressed at the August 15, 2006 meeting. The HRAB felt that the rezoning application had thoroughly addressed their comments and recommended that this proposal move forward since there were no further issues. Planninjz Department: Please see attached letter dated August 3, 2006 from Eric R. Lmwence, Planning Director. Rezoning #12-06 — Carriage Place April 4, 2007 Page 5 PlanninjZ & Zoning: The Applicant has submitted a revised Proffer Statement dated January 25, 2007. The Generalized Development Plan which is a part of the Proffer Statement has also been modified The changes are relatively substantial and exceed the scope of what the Planning Commission discussed with the Applicant during the Planning Commission's meeting on November 1, 2006. Staff has attempted to identify the changes to the Proffer Statement and GDP within the staff report. 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcels for which the rezoning is being requested as being zoned a combination of A-1 Agricultural and MH Mobile Home zoning classifications. 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 properties and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. The Mobile Home designation encompasses the original boundaries of the Blue Ridge Mobile Home Park. The most recent Site Plan for the development of the remaining areas of the Blue Ridge Mobile Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line Adjustment Plat was approved by the County that reorganized the parcels that make up this rezoning request. Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-174A maintained the RA zoning classification. Parcels 55-A-168 and 55-A-174D maintained the MH1 zoning classification. Parcel 55-A-174A contains both the MH1 and RA zoning classification. The approval of this rezoning request would place all of the properties entirely into the RP 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. 14] 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 map designates the general area in which the Carriage Place property is located for residential land uses. 0 0 Rezoning # 12-06 — Carriage Place April 4, 2007 Page 6 The average overall residential density of the Urban Development Area should not exceed three units per acre. More specifically, the Zoning Ordinance stipulates that properties which contain less than one hundred acres but more than ten acres should not exceed 5.5 units per acre. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. As land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The goals of the Comprehensive Plan also include protecting the natural environrrrent from damage due to development activity, avoiding development in environmentally sensitive areas, and the identification and protection of important natural resources. A balanced approach to providing necessary transportation infrastructure in the area of the project and promoting the protection of sensitive environmental areas and features is warranted. Transportation The Frederick County Eastern Road Plan provides the 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). Route 7 is an arterial road whose character should be fully recognized in any rezoning application. Route 7 is characterized with high volumes of traffic traveling at rates of speed in excess of 55 miles per hour. Access management should be a key consideration. Valley Mill Road is identified as an improved major collector road in the County's Eastern Road Plan. In addition, Valley Mill Road is shown as being relocated to a new location and alignment. In 2005, modifications to the County's Eastern Road Plan occurred in the vicinity of this project. The modifications were completed in recognition of the changing traffic patterns in the area, the recently approved Haggerty project which provided for a new Spine Road parallel to future Route 37, and the need to avoid the historically and environmentally sensitive areas in the vicinity of the one lane bridge over Abrams Creek. Valley Mill Road is designated as a major collector road that traverses south of its existing location, providing a new crossing of Abram's Creek, and connecting with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. This location is immediately west of the Opequon Wastewater Treatment Facility. This approach furthers access management goals along Route 7. Rezoning #12-06 — Carriage Place April 4, 2007 Page 7 New development in the Urban Development Area should only be approved when roads and other infrastructure with sufficient capacity have been provided. The Comprehensive Plan identifies that a level of service "C" should be maintained on roads adjacent to and within new developments and that traffic analysis should be provided by the applicants to ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In some cases, new development may need to contribute to the provision, construction, or improvement of roads that are not adjacent to the development. In such cases, developments should contribute their fair share costs of road improvements needed to acconurrodate the traffic generated by a particular development. 3) Site Suitability/Environment The Carriage Park site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. Ash Hollow Run parallels Route 7 along the entire frontage of the property. Abram's Creek forms a portion of the eastern boundary of the property. A pond is located central to the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The site is predominantly heavily wooded. The area of this site in floodplain, wetlands, ponds, streams and steep slopes has not been entirely identified in the application. By current County definition, this project contains relatively small areas of steep slopes. The Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The application proposes development of a greater intensity in the reasonably level wooded areas and offers areas that will be set aside for environmental and open space purposes. The revised road layout proposes access to the site directly from Route 7 immediately west of Abrams Creek. Previously the road layout included access to the site from Valley Mill Road via a crossing ofAbram's Creek and its associated floodplain, in an area that contained the steepest slopes on the property. As proposed, the projects only access road includes the crossing of Ash Hollow Run. Protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. To help achieve this, the location of the limits of disturbance could be extended beyond the proposed 100' proffered natural vegetative buffer to cover the protection of the identified environmental features, including the floodplain. Presently, the limits of disturbance do not entirely cover the creeks and their associated floodplains. Rezoning #12-06 — Carriage Place April 4, 2007 Page 8 Initially, the Applicant provided for a 15 foot no cut vegetative buffer along the southern portion of the project boundary with Valley Mill Farm which was shown on the GDP. A portion of this proposed buffer was shown on the GDP in a location where no vegetation existed. As noted, current County Ordinance recognizes that a 50 foot woodland strip could be utilized as a desirable and effective alternative to typical buffer and screening standards. It should be recognized that no buffer and screening requirements exist between the proposed development and the property to the southeast, Valley Mill Farm. The Applicant has the ability to address this issue in the Proffer Statement. The revised Proffer Statement and GDP provides no consideration for buffering the adjacent properties in particular the property to the south east as recommended by the HRAB. The relocation of the road directly adjacent to this property line further eliminates the ability to buffer the adjacent property from the proposed development. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The latest Traffic Impact Analysis (TIA) prepared for this project, dated February 23, 2007, was prepared as an addendum to the September 8, 2006 TIA. The initial TIA projected that the development of 165 residential units (53 single family detached and 94 single family attached residential units) would generate 1,348 vehicle trips per day. The new TIA projects that the development of 240 single family attached townhouse units would generate 2,088 vehicle trips per day. The report was developed with access to the site provided via a signalized site driveway along the south side of Route 7. The TIA concludes that the traffic impacts associated with the Carriage Park application are acceptable and manageable, assuming suggested improvements are in place. Suggested improvements include the signalization of the intersection of the site access road with Route 7. The TIA identifies that this intersection will function at an unacceptable level of service without the suggested improvements. Previously, access to the project was being provided via a single site driveway onto existing Valley Mill Road, Route 659, immediately south of Valley Mill Road's intersection with Route 7. Transportation Prolzram. The Generalized Development Plan for Carriage Park delineates the general public road system that will serve the residential development. This consists of one road that runs from Route 7 to the southern corner of the property directly adjacent and parallel to the southeastern property line. This provides the ability to connect to the property to the southwest of the site. The Applicant has proffered that this road will be constructed as a two lane rural undivided collector roadway on a 50 foot right of way. Further, that no direct lot access shall be permitted on the road No other internal streets have been identified in the GDP and no public inter parcel connections to the adjacent property to the west are proposed 0 • Rezoning #12-06 — Carriage Place April 4, 2007 Page 9 Background. Initially, the applicant designed the public road system with on site access to and from Carriage Park via Route 7. Establislunent of a new entrance onto Route 7 was strongly discouraged. Due to significant concerns with this approach, the applicant redesigned the road system. The revised road system presented to the Planning Commission in November provided for primary access from existing Valley Mill Road, immediately south of its intersection with Route 7, and north of the existing one lane bridge crossing of Abrams Creek. The existing section of Valley Mill Road in this area was identified as being insufficient to accommodate the traffic from this, and adjacent projects, as was the existing intersection on Route 7 without significant improvements and environmental impact. As noted previously, the Comprehensive Plan promotes an effort to enhance and relocate Valley Mill Road so that it serves as a major collector road. This enhancement will provide for a more efficient transportation network that also minimizes environmental and cultural impacts. Valley Mill Road is designated as a major collector road that traverses south of its existing location, provides a new crossing of Abram's Creek, and connects with the Haggerty Spine Road in the vicinity of fixture Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the fixture on and off ramps of future Route 37. Staff maintains that all efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primmy access route to the development. Since the Plarming Commission's Public Hearing on this project, Staff, VDOT, and the Applicant's representative, who also represents two other projects in this general area, have discussed the Eastern Road Plan in the vicinity of this project in great detail. A request to revise the Eastern Road Plan in the vicinity of Valley Mill Road was submitted but not pursued. Due to the complex nature of the transportation issues in this area it was recognized that a detailed traffic analysis which covers a broader area than the individual site TIA's would be extremely valuable. The revised Proffer Statement and GDP propose a relocated alignment for the future Route 37 on/off ramp. The Applicant asserts that the location of the Route 37 ramps west of Route 7's crossing ofAbram's Creek is dictated by minimum curve radius standards which would preclude this ramp from aligning with existing Valley Mill Road VDOT has reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this major intersection should be carefully considered As previously noted, the realignment to this location would impact additional properties and residences on the north side of Route 7 that were not previously identified as being impacted by the construction of Route 37. The Applicant's assertion that their proposal is better without being willing to fully study would not justify impacting additional homeowners for this ramp configuration. Please see additional comments provide by VDOT, dated March 7 regarding this issue. 0 • Rezoning #12-06 — Carriage Place April 4, 2007 Page 10 It should be recognized that the spacing of the fixture on and off ramps on both the west and east sides of fixture Route 37 are approximately the same distance from future Route 37, approximately 600 feet. The previously approved Haggerty Spine Road intersects directly across from the future Route 37 on/off ramp east of future Route 37. The Carriage Place application does not address the intersection of Valley Mill Road and Route 7 which is located approximately 500 feet east of the proposed signalized intersection. This intersection and existing crossover would remain in place. Please refer to the comments provided by VDOT on February 23, 2007 regarding this issue. Existing Route 659, Burnt Factory Road, located approximately 400 feet west of the proposed signalized intersection should also be a consideration. If it is ultimately determined that the approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner thatfully enables the implementation of the future signalization of the Route 37south bound ramps, including vertical and horizontal designs and all turning movements. The Applicant's proffer states that the said entrance and signal shall be designed and constructed with improvements as necessary on Route 7 to accommodate the fixture construction of the Route 37 ramp as depicted on the GDP. The build out lane geometry shown in the TIA appears to be missing a north bound through lane on the site driveway and a left turn lane from the eastbound Route 7 on to the Route 37 on ramp. The Proffer Statement, GDP, and TIA should be clearly coordinated to complete the ultimate improvements to this intersection to accommodate the Route 37 ramps. The left turn lane is important when considering vehicles making an undesirable a -turn movement on Route 7. This condition presently exists at the Valley Mill Road crossover and is exacerbated by vehicle trips from the Blue Ridge Mobile Home Park who don't have the benefit of an alternative way in and out of their development, and by trips utilizing Burnt Factory Road. Consideration should also be given to additional traffic that may ultimately use the proposed road as a collector to gain access to Route 7. Presently, only the trips generated from the actual development, 2088, have been considered in the TIA and accounted for in the build -out lane geometry which achieves a level of service C. The initial TIA included an additional 3850 trips utilizing Valley Mill Road. The inclusion of additional trips into this intersection would likely have an impact on the level of service of this intersection. As an alternative to implementing the construction of the road network identified in the Comprehensive Plan, the Applicant had previously proffered a monetary contribution in the amount of $5,000 per single family detached residential unit and $3,000 per single family attached townhouse unit for improvements in the general vicinity of the project, including the connection from this project to Valley Mill Road to the south, and the relocation of Valley Mill Road. This proffered contribution has been eliminated from the Proffer Statement. 0 • Rezoning #12-06 — Carriage Place April 4, 2007 Page 11 It should be evaluated whether the transportation improvements proffered by the Applicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. The road layout provides the potential for interparcel connection to the property to the south. An emergency access interparcel connection is proposed with the adjacent Blue Ridge Mobile Home Park. However, this is proposed as a private emergency connection. Inter -parcel connectivity of the public street system is a requirement of the zoning Ordinance and should be extended to the Blue Ridge Mobile Home Park. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network. Control of this access point should be at the discretion of the Board of Supervisors. Omitted from the transportation program are any additional accommodations for pedestrian circulation and potential multiuse trails that would provide access internal to the project and ultimately to the adjacent residential developments. The comments offered by the Department of Parks and Recreation relating to this effort have not been addressed. In general, the general transportation program does not promote an approach thatfurthers the transportation goals of the Comprehensive Plan. B. Sewer and Water The Carriage Place rezoning proposal is estimated to require approximately 32,200 gallons per day of water usage and approximately 32,200 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. Recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester Service A uthority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Community Facilities The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The schools evaluation anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. The revised housing type would generate at the full allowable density would generate the same 0 • Rezoning 912-06 — Carriage Place April 4, 2007 Page 12 amount 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identifier) that the H"' elementary school opened in the fall of 2006 opened above its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build out and occupancy of previously approved residential projects in the UDA. The 12t" elementary school has been identified in the current Capital Improvements Plan for this general area of the UDA. However, no site has been located or construction initiated to address the needs of additional students generated in this area of the UDA. 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 and $17,732 for single family attached residential dwellings. This application addresses community facility impacts and needs by proffering a payment in the amount of $17, 732 for single family attached residential dwellings 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. For each single family attached unit: $528 for fire and rescue; $14,618 for schools: $1,634 for parks and recreation; $204 for library; $503 for public safety; and $245 for general government; $17,732 for capital improvements No rezoning should be approved unless the net impacts on community facilities are positive, or if the negative impacts can be adequately addressed through proffers or some other means. A request for a rezoning may be turned down even though all fiscal impacts appear to be addressed (Comprehensive Plan 8-17). The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. 0 Rezoning #12-06 — Carriage Place April 4, 2007 Page 13 5) Proffer Statement — Dated January 25, 2006 and Revised February 2, 2006, May 23, 2006, June 28, 2006, August 10, 2006, and September 12, 2006. Latest Revision Dated January 25, 2007. A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the street providing access to and through the project, residential land use areas, and open space areas within the Carriage Place development. The GDP may be utilized to a greater extent to address the sensitive environmental features on the property, the buffering of the adjacent residential uses, and the historic context of Berryville Canyon, among other things. B) Land Use The applicants have not proffered a limit to the total number of residential units. Based upon a maximum allowable density of 5.5 units per acre, a maximum yield of up to 249 single family attached townhouse units may be constructed. The applicant has committed to a phased introduction of the residential units over a minimum four year period with the potential for up to seventy five units per year (Previously, the comnzitnzent was over a n ininmin three year period). The Applicant has committed to not make application for more than 75 building permits in any twelve month period. This phased approach specifies that the date of final rezoning would commence the phasing of the issuance of building permits. The intent of phasing is to ensure a timed integration of new development in a manner that would enable the timely provision of the public facilities necessary to serve the new development. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. Regardless of the phasing approach, the comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be recognized. C) Transportation The applicant has proffered the signalization of the intersection of the site driveway and Route 7. The Applicant has also proffered to construct a two lane rural undivided collector roadway on a fifty foot right of way from the entrance to the southern property prior to issuance of the 125`" building permit. Further, that no direct access shall be permitted on the said collector road. This project is located within the Urban Development Area and all roads should be built with an urban typical section. Sufficient right of way should be provided to accommodate the appropriate road section. In addition, the majority of the length of this road should be completed at the initiation of the project rather than by the 125"' building permit. The monetary contribution in the amount of $5,000 per single family detached unit and $3,000 per single family attached townhouse unit for transportation improvements in the vicinity of the project has been eliminated from the proffer statement. 0 0 Rezoning #12-06 — Carriage Place April 4, 2007 Page 14 Historic Resource Protection The applicant has proffered a $25,000 contribution to the County for purposes associated with security fencing at Star Fort. The proffered buffers along Route 7, Berryville Canyon, are not accurately reflected on the GDP. However, this concept and the buffer and screening of adjacent properties, including the historical Valley Mill Farm, should be addressed to a greater extent as part of this application. STAFF CONCLUSIONS FOR 09/20/06 PLANNING COMMISSION MEETING: The Carriage Place rezoning application, while generally consistent with fixture land use designations of the Comprehensive Plan, does not frilly address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they frilly address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the transportation impacts, the enviromnental impacts, and the capacities and capabilities of conununity facilities needed to serve the proposed land uses. At this time, the road improvements identified in the Comprehensive Policy Plan are not frilly addressed in the application. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING: The applicant's attorney, Mr. Clay Athey, presented their proposed access out to existing Valley Mill Road and continuing out to Route 7, explaining how Valley Mill will line up directly with the off ramps for proposed Route 37 and their plans to improve the intersection with traffic -control devices. Mr. Athey did not believe this option was inconsistent with satisfying the County's Eastern Road Plan. He noted their provision for a proposed connector, if right-of-way can be acquired across the Stafford property back to Valley Mill Road. He also made note of the applicant's monetary provision towards transportation, which exceeded the proffer model, to help meet the County's transportation goals. The applicant's design consultant, Mr. Charles W. Maddox, Jr., noted that the access alternative described by Mr. Athey was in keeping with the HRAB's desire to create an unbroken vegetative buffer along Route 7. He said the monetary proffer for fencing and improvements to Star Fort, in lieu of interpretive kiosks along Route 7, was also preferred by the HRAB. It was also noted that the proposed layout does affect some of the more environmentally- sensitive areas of the site, but the applicant's reason for doing so was to create a better transportation system. One property owner spoke during the public comment portion of the hearing. Mr. Tim Stafford, whose family owned the adjacent Valley Mill Farm, said he was opposed to the rezoning primarily because the access described by the applicant's representatives crossed through a floodplain area. Mr. Stafford said that over the years, the development that has occurred around his property has affected his property, causing the creek to flood, with water coming closer to his home with each storm, and trees to fall. 0 0 Rezoning #12-06 — Carriage Place April 4, 2007 Page 15 Mr. Lloyd Ingram of VDOT was called to the podium to address numerous questions raised by Commission members. Those questions included the accuracy of the interchange design presented by the applicant; whether VDOT considered the applicant's proposed access a better alternative than direct access to Route 7; the interim impact on Valley Mill Road, if VDOT had concerns about the close proximity of the Haggerty traffic signal on a major arterial highway; and if there were any obstacles that would prevent the applicant from crossing the environmentally -sensitive area. Mr. Ingram replied that the interchange presented by the applicant is basically conceptual and has not yet been engineered. He said it was VDOT's opinion that the proposed entrance alternative was a better scenario than direct access onto Route 7, which in their opinion, was a fatal flaw and presented safety issues for the traveling public and local residents. Mr. Ingram said the one -lane bridge will be a bottleneck, but will keep the flow of traffic through there relatively low; traffic signals will be installed only when warranted and spacing was sufficient to allow a synchronized system. Frederick County's Transportation Planner, Mr. John A. Bishop, presented his views on why this issue was more complex than just whether or not it was safer to go out on Valley Mill Road or to Route 7. He explained that Valley Mill Road is planned to be relocated, so although the Eastern Road Plan does not say specifically this crossover will be closed, it can be inferred by the relocation. He said the primary reason for the relocation is that the geometry would be very difficult to improve to the point where it can adequately meet future development. Further, with the Haggerty and the Adams rezonings, there is a requirement that Eddy's Lane have access through there. Mr. Bishop said it was not just the 1,600 trips from this development, but the additional trips from those new developments would have the opportunity to come up Eddys Lane and Valley Mill through an area that is very hard to adequately fix. He explained that considering the amount of long-term traffic, the one side is unlikely to be able to handle the traffic without some major redevelopment of Valley Mill Road where it currently enters Route 7. He said this, in turn, could affect where the Route 37 ramps need to go. Numerous questions and concerns were raised by Commission members. Commissioners recognized the applicant's work on making the unique situation of this site work; furthermore, they were not completely opposed to something along the lines of what the applicant was proposing, assuming it fits in and compliments the Eastern Road Plan. However, members of the Commission wanted to know more from the applicant about the design of the proposed intersection, not only how things would potentially line up, but also the scope of improvements. They also wanted more information on the environmental impacts. They thought the proposal was much too conceptual at this point and asked the applicant if they could present something that would help the Commission visualize how this will take shape. Members of the Commission said they would also like to see more clarity on what the system would look like relative to the proposed improvements of the Eastern Road Plan. A motion was made, seconded, and unanimously passed to table the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant, as follows: to provide the Commission with a design of the proposed intersection, not only detailing how things will potentially line up, but the scope of improvements; to provide additional information on the enviromnental impacts; and, to provide additional clarification on what the system would look like relative to the proposed improvements of the Eastern Road Plan. The Commission sought clarification and answers to those issues from VDOT as well. (Note: Commissioners Light, Ours, and Thomas were absent from the meeting.) 0 • Rezoning #12-06 — Carriage Place April 4, 2007 Page 16 STAFF UPDATE FOR 03/21/07 PLANNING COMMISSION MEETING: The Commission previously tabled the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant regarding the design of the proposed intersection, the environmental impacts of the project, and what the transportation system would look like relative to the proposed improvements of the Eastern Road Plan. The Applicant has not responded directly to these issues. However, the applicant has substantially revised the application. The changes generally exceed the scope of what the Planning Commission had previously discussed. The Carriage Place rezoning application, while generally consistent with future land use designations of the Comprehensive Plan, does not appear to fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated including the following points. Staff maintains that all efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primary access route to the development. The revised Proffer Statement and GDP propose a relocated alignment for the fixture Route 37 on/off ramp. VDOT has reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this major intersection should be carefully considered. If it is ultimately determined that the transportation approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner thatfully enables the implementation of the future signalization of the Route 37southbound ramps, including vertical and horizontal designs and all turning movements. It should be evaluated whether the transportation improvements proffered by the Applicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. Inter parcel connectivity of the public street system is a requirement of the zoning Ordinance. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network. Control of this access point could be at the discretion of the Board of Supervisors. This project is located within the Urban DevelopmentArea and all roads should be built with an urban typical section. Rezoning #12-06 — Carriage Place April 4, 2007 Page 1'7 The comments relating to the impacts to the Frederick County Public Sc/tools in this area of the Urban Development Area should be a significant consideration. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. The protection of the integrity of the pond, environmental open spaces, and the riparian areas alongAbram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. Following the requirement for a public (rearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate (a second public hearing is being held due to the scope of the modiFcations to the application). The applicant should be prepared to adequately address all concerns raised by the Planning Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/21/07 MEETING: The applicant requested that their application be tabled for 30 days. The applicant said they were very close to working out the principal issues, but had some property owner details that needed to be solidified and proffers that needed to be checked by the County attorney. Commission members asked the applicant if a 30-day tabling was realistic with the issues that need to be worked out with VDOT and the surrounding property owners. The applicant replied yes; the applicant intended to work diligently to meet that requirement and he believed 30 days was a sufficient amount of time. There were no public comments. By a unanimous vote, the Commission granted the applicant's request for a 30-day tabling to April 18, 2007. (Commissioner Unger was absent from the meeting.) STAFF UPDATE FOR 04/18/07 PLANNING COMMISSION MEETING: Staff has not received any additional information from the Applicant. A request was provided by the Applicant on April 4, 2007 to continue the consideration of this application for an additional time period (see attached letter). The Planning Commission may address this request at your 4/18/07 meeting. REZONING APPLICATION #12-06 CARRIAGE PARK Staff Report for the Planning Commission Prepared: March 5, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: November 1, 2006 Tabled by Planning Commission Planning Commission: March 21, 2007 Pending Board of Supervisors: April 11, 2007 Pending PROPOSAL: To rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH 1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 249 single family attached townhouses. (Previously the proposal was for 165 attached and detached single family homes). LOCATION: The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D PROPERTY ZONING: RA (Rural Areas) District and MH1 (Mobile Home Community) District PRESENT USE: Mobile Home Community, residential, and vacant. ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential and Agricultural East: RA (Rural Areas) Use: Residential West: MH1 (Mobile Home Community) Use: Mobile Home Community Rezoning #12-06 — Carriage Place March 6, 2007 Page 2 PROPOSED USES: Up to 249 single family attached townhouses (45.44 acres @ 5.5 units per acre). (Previously the proposal was for 165 attached and detached single family homes). REVIEW EVALUATIONS: Virginia Dept. of Transportation: I have reviewed your proffer statement dated August 10, 2006 and offer the following conmrents: With the volume of traffic currently utilizing Route 7, existing access points and the additional traffic generated by this site, the Residency feels access to this site provided through the Valley Mill Connector with no direct connection to Route 7 is needed. Item 12.7: The Residency suggests the wording be clarified on this proffer to reflect construction within 180 days of written request by VDOT. We feel this would ensure the installation of the traffic signal based on traffic conditions. Item 12.11: Residency suggests more flexibility should be provided to the County to meet overall transportation needs in this area of the County. The applicant has been open to addressing the needs of the transportation issues arising from this proposed development. However, we are concerned that within the context of the proffers, the desire of the Residency and County to connect this subdivision to Route 7 via the Valley Mill Road Relocation, while mentioned, it does not appear to be a priority. The application is requesting full build -out regardless of completing the connection to Valley Mill Road. Mr. Lloyd Ingram of VDOT provided revised comments (see attached) dated September 29, 2006. Please see attached revised comments dated February 23, 2007from Mr. Lloyd Ingram, VDOT. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Greenwood Volunteer Fire Company: OK. Note: Area Fire & Rescue Company is Greenwood Volunteer Fire & Rescue Co. Why no access off of Valley Mill Road? Public Works Department: Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer to Site Suitability: The table summarizing environmental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys, it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies furnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions". Actually, the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross -over at the intersection of Valley Mill Road and Route 7 is not adequate to acconnnodate the U-turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to ensure that these intersection improvements will be made prior to initiating construction on this site. 4. Refer to Site Drainage: The discussion indicates that low impact development techniques.... will mitigate adverse stornwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will Rezoning #12-06 — Carriage Place March 6, 2007 Page 3 clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that "consideration of curbside pick-up would be an improvement to solid waste issues associated with increased dumpster use in the County". This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore, any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option; rather it will be a requirement. This statement should be corrected accordingly and revised in the Proffer Statement, Paragraph 9.2 iii (Delete "if they decide to use a commercial collection company.") 6. Refer to Proffer Statement, paragraph 12.1: The statement indicates that the applicant shall privately fiord all transportation improvements required of this project. Indicate if this offer extends to improvements at/on the Route 7 intersection related to Valley Mill Road or possibly Haggerty Drive. Frederick County Inspections: No continent required at this time. Frederick -Winchester Service Authority: The first item of concern is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate way of measuring wastewater flows. We would like to see more detail relative to the design/construction of such a submeter if it would be acceptable. Sanitation Authority: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this development. The eight -inch water line through Blue Ridge Mobile Home Park might not provide the added demands of this project's 165 units. The developer will probably need to extend the water line on Valley Mill Road and connect it to this project. Frederick -Winchester Health Department: The Health Department has no objection as long as sufficient public water and sewer service can be provided. Department of Parks & Recreation: Plan appears to offer appropriate monetary proffer to offset this development will have on the parks and recreational services provided by Frederick County. It is assumed that recreational and open space requirements will be addressed in future plans to be reviewed. The Parks and Recreation Department would also like to see a detailed pedestrian/bicycle trails plan which offers an internal network and provides connection to existing and future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 towrnhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. • Rezoning 412-06 — Carriage Place March 6, 2007 Page 4 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. However, residents in this area could experience fly over noise from aircraft arriving and departing the Winchester Airport from the northeast. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a fonn to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. While the Generalized Development Plan contains few details, nevertheless the proffer statement should include a proffer that provides that development shall occur in substantial conformity with the Generalized Development Plan. 2. In Proffer 1.1 it is provided that the residential development shall not exceed 165 dwelling units. However, the GDP provides for a total of only 161 dwelling units. 3. The staff should determine whether the Site Access Point, the Interparcel Connection Point, and the Emergency Access Point are located with sufficient detail on the GDPA. With respect to Proffer 12.3, the staff should determine whether the interparcel connector location is appropriate, given any existing or planned streets on the adjoining parcel. 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. Mr. Mitchell has been provided with the latestproffer statement submitted on February 23, 2007. His comments are pending. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of June 20, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made three reconunendations which included: • Protect natural vegetation along Rt. 7 and Valley Mill Rd. to the greatest extent possible. • The backyard of the single family lots abutting the historical Stafford property need a vegetative protection buffer. • Install a roadside interpretive site which the HRAB decided would be more useful along Valley Mill Rd. as compared to placing it along Rt. 7. These recommendations made by the HRAB were addressed at the August 15, 2006 meeting. The HRAB felt that the rezoning application had thoroughly addressed their comments and recommended that this proposal move forward since there were no further issues. PlannintZ Department: Please see attached letter dated August 3, 2006 fi°om Eric R. Lawrence, Planning Director. • • Rezoning #12-06 — Carriage Place March 6, 2007 Page 5 PlanninI4 & Zoninj4: The Applicant has submitted a revised Proffer Statement dated January 25, 2007. The Generalized DevelopmentPlan which is apart of the Proffer Statement has also been modified. The changes are relatively substantial and exceed the scope of what the Planning Commission discusser) with the Applicant during the Planning Commission's meeting on November 1, 2006. Staff has attempted to identify the changes to the Proffer Statement and GDP within the staff report. 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcels for which the rezoning is being requested as being zoned a combination of A-1 Agricultural and MH Mobile Home zoning classifications. 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 properties and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. The Mobile Home designation encompasses the original boundaries of the Blue Ridge Mobile Home Park. The most recent Site Plan for the development of the remaining areas of the Blue Ridge Mobile Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line Adjustment Plat was approved by the County that reorganized the parcels that make up this rezoning request. Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-1 67,55-A-167A, 55-A-174A maintained the RA zoning classification. Parcels 55-A-168 and 55-A-174D maintained the MH1 zoning classification. Parcel 55-A-174A contains both the MH1 and RA zoning classification. The approval of this rezoning request would place all of the properties entirely into the RP 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] 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 map designates the general area in which the Carriage Place property is located for residential land uses. • 0 Rezoning #12-06 — Carriage Place March 6, 2007 Page 6 The average overall residential density of the Urban Development Area should not exceed three units per acre. More specifically, the Zoning Ordinance stipulates that properties which contain less than one hundred acres but more than ten acres should not exceed 5.5 units per acre. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. As land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as envirormiental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The goals of the Comprehensive Plan also include protecting the natural environrrrent from damage due to development activity, avoiding development in environmentally sensitive areas, and the identification and protection of important natural resources. A balanced approach to providing necessary transportation infrastructure in the area of the project and promoting the protection of sensitive environmental areas and features is warranted. Transportation The Frederick County Eastern Road Plan provides the 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 (Coniprehensive Plan 7-6). Route 7 is an arterial road whose character should be fully recognized in any rezoning application. Route 7 is characterized with high volumes of traffic traveling at rates of speed in excess of 55 miles per hour. Access management should be a key consideration. Valley Mill Road is identified as an improved major collector road in the County's Eastern Road Plan. In addition, Valley Mill Road is shown as being relocated to a new location and alignment. In 2005, modifications to the County's Eastern Road Plan occurred in the vicinity of this prof ect. The modifications were completed in recognition of the changing traffic patterns in the area, the recently approved Haggerty project which provided for a new Spine Road parallel to future Route 37, and the need to avoid the historically and enviromnentally sensitive areas in the vicinity of the one lane bridge over Abrams Creek. Valley Mill Road is designated as a major collector road that traverses south of its existing location, providing a new crossing of Abram's Creek, and connecting with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a comlection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. This location is immediately west of the Opequon Wastewater Treatment Facility. This approach furthers access management goals along Route 7. Rezoning 412-06 — Carriage Place March 6, 2007 Page 7 New development in the Urban Development Area should only be approved when roads and other infrastructure with sufficient capacity have been provided. The Comprehensive Plan identifies that a level of service "C" should be maintained on roads adjacent to and within new developments and that traffic analysis should be provided by the applicants to ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In some cases, new development may need to contribute to the provision, construction, or improvement of roads that are not adjacent to the development. In such cases, developments should contribute their fair share costs of road improvements needed to acconunodate the traffic generated by a particular development. 3) Site Suitability/Environment The Carriage Place site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. Ash Hollow Run parallels Route 7 along the entire frontage of the property. Abram's Creek forms a portion of the eastern boundary of the properly. A pond is located central to the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The site is predominantly heavily wooded. The area of this site in floodplain, wetlands, ponds, streams and steep slopes has not been entirely identified in the application. By current County definition, this project contains relatively small areas of steep slopes. The Comprehensive Plan identifies the preservation of the stream valleys as enviromnental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The application proposes development of a greater intensity in the reasonably level wooded areas and offers areas that will be set aside for environmental and open space purposes. The revised road layout proposes access to the site directly from Route 7 immediately west of Abrams Creek. Previously the road layout included access to the site from Valley Mill Road via a crossing ofAbram's Creek and its associated floodplain, in an area that contained the steepest slopes on the property. As proposed, the projects only access road includes the crossing of Ash Hollow Run. Protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. To help achieve this, the location of the limits of disturbance could be extended beyond the proposed 100' proffered natural vegetative buffer to cover the protection of the identified environmental features, including the floodplain. Presently, the limits of disturbance do not entirely cover the creeks and their associated floodplains. Rezoning #12-06 — Carriage Place March 6, 2007 Page 8 Initially, the Applicant provided for a 15 foot no cut vegetative buffer along the southern portion of the project boundary with Valley Mill Farm which was shown on the GDP. A portion of this proposed buffer was shown on the GDP in a location where no vegetation existed. As noted, current County Ordinance recognizes that a 50 foot woodland strip could be utilized as a desirable and effective alternative to typical buffer and screening standards. It should be recognized that no buffer and screening re0uirements exist between the proposed development and the property to the southeast, Valley Mill Farm. The Applicant has the ability to address this issue in the Proffer Statement. The revised Proffer Statement and GDP provides no consideration for buffering the adjacent properties in particular the property to the south east as recommended by the HRAB. The relocation of the road directly adjacent to this property line further eliminates the ability to buffer the adjacent property from the proposed development. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The latest Traffic Impact Analysis (TIA) prepared for this project, dated February 23, 2007, was prepared as an addendum to the September 8, 2006 TIA. The initial TIA projected that the development of 165 residential units (53 single family detached and 94 single family attached residential units) would generate 1,348 vehicle trips per day. The new TIA projects that the development of 240 single family attached townhouse units would generate 2,088 vehicle trips per day. The report was developed with access to the site provided via a signalized site driveway along the south side of Route 7. The TIA concludes that the traffic impacts associated with the Carriage Park application are acceptable and manageable, assuming suggested improvements are in place. Suggested improvements include the signalization of the intersection of the site access road with Route 7. The TIA identifies that this intersection will function at an unacceptable level of service without the suggested improvements. Previously, access to the project was being provided via a single site driveway onto existing Valley Mill Road, Route 659, immediately south of Valley Mill Road's intersection with Route 7. Transportation Program. The Generalized Development Plan for Carriage Park delineates the general public road system that will serve the residential development. This consists of one road that runs from Route 7 to the southern corner of the property directly adjacent and parallel to the southeastern property line. This provides the ability to connect to the property to the southwest of the site. The Applicant has proffered that this road will be constructed as a two lane rural undivided collector roadway on a SO foot right of way. Further, that no direct lot access shall be permitted on the road. No other internal streets have been identified in the GDP and no public inter parcel connections to the adjacentproperty to the west are proposed • 0 Rezoning #12-06 — Carriage Place March 6, 2007 Page 9 Background. hlitially, the applicant designed the public road system with on site access to and from Carriage Park via Route 7. Establislunent of a new entrance onto Route 7 was strongly discouraged. Due to significant concerns with this approach, the applicant redesigned the road system. The revised road system presented to the Planning Commission in November provided for primary access from existing Valley Mill Road, immediately south of its intersection with Route 7, and north of the existing one lane bridge crossing of Abrams Creek. The existing section of Valley Mill Road in this area was identified as being insufficient to acconunodate the traffic from this, and adjacent projects, as was the existing intersection on Route 7 without significant improvements and environmental impact. As noted previously, the Comprehensive Plan promotes an effort to enhance and relocate Valley Mill Road so that it serves as a major collector road. This enhancement will provide for a more efficient transportation network that also minimizes environmental and cultural impacts. Valley Mill Road is designated as a major collector road that traverses south of its existing location, provides a new crossing of Abram's Creek, and connects with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. Staff maintains that all efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primary access route to the development. Since the Planning Commission's Public Hearing on this project, Staff, VDOT, and the Applicant's representative, who also represents two other projects in this general area, have discussed the Eastern Road Plan in the vicinity of this project in great detail. A request to revise the Eastern Road Plan in the vicinity of Valley Mill Road was submitted but not pursued. Due to the complex nature of the transportation issues in this area it was recognized that a detailed traffic analysis which covers a broader area than the individual site TIA's would be extremely valuable. The revised Proffer Statement and GDP propose a relocated alignment for the future Route 37 on/off ramp. The Applicant asserts that the location of the Route 37 ramps west of Route 7's crossing ofAbram's Creek is dictated by minimum curve radius standards which would preclude this ramp from aligning with existing Valley Mill Road VDOT has reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this major intersection should be carefully considered As previously noted, the realignment to this location would impact additional properties and residences on the north side of Route 7that were notpreviously identified as being impacted by the construction of Route 37. The Applicant's assertion that their proposal is better without being willing to fully study would not justify impacting additional homeowners for this ramp configuration. Please see additional comments provide by VDOT, dated March 7 regarding this issue. 0 • Rezoning #12-06 — Carriage Place March 6, 2007 Page 10 It should be recognized that the spacing of the future on and off ramps on both the west and east sides of future Route 37 are approximately the same distance from future Route 37, approximately 600 feet. The previously approved Haggerty Spine Road intersects directly across from the future Route 37 on/off ramp east of future Route 37. The Carriage Place application does not address the intersection of Valley Mill Road and Route 7 which is located approximately 500 feet east of the proposed signalized intersection. This intersection and existing crossover would remain in place. Please refer to the comments provided by VDOT on February 23, 2007 regarding this issue. Existing Route 659, Burnt Factory Road, located approximately 400 feet west of the proposed signalized intersection should also be a consideration. If it is ultimately determined that the approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner that fully enables the implementation of the future signalization of the Route 37southbound ramps, including vertical and horizontal designs and all turning movements. The Applicant's proffer states that the said entrance and signal shall be designed and constructed with improvements as necessary on Route 7 to accommodate the future construction of the Route 37 ramp as depicted on the GDP. The build out lane geometry shown in the TIA appears to be missing a north bound through lane on the site driveway and a left turn lane from the eastbound Route 7 on to the Route 37 on ramp. The Proffer Statement, GDP, and TIA should be clearly coordinated to complete the ultimate improvements to this intersection to acconunodate the Route 37 ramps. The left turn lane is important when considering vehicles making an undesirable u-turn movement on Route 7. This condition presently exists at the Valley Mill Road crossover and is exacerbated by vehicle trips from the Blue Ridge Mobile Home Park who don't have the benefit of an alternative way in and out of their development, and by trips utilizing Burnt Factory Road. Consideration should also be given to additional traffic that may ultimately use the proposed road as a collector to gain access to Route 7. Presently, only the trips generated from the actual development, 2088, have been considered in the TIA and accounted for in the build -out lane geometry which achieves a level of service C. The initial TIA included an additional 3850 trips utilizing Valley Mill Road. The inclusion of additional trips into this intersection would likely have an impact on the level of service of this intersection. As an alternative to implementing the construction of the road network identified in the Comprehensive Plan, the Applicant had previously proffered a monetary contribution in the amount of $5,000 per single family detached residential unit and $3,000 per single family attached townhouse unit for improvements in the general vicinity of the project, including the connection from this project to Valley Mill Road to the south, and the relocation of Valley Mill Road. This proffered contribution has been eliminated from the Proffer Statement. 0 Rezoning #12-06 — Carriage Place March 6, 2007 Page 11 It should be evaluated whether the transportation improvements proffered by theApplicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. The road layout provides the potential for interparcel connection to the properly to the south. An emergency access interparcel connection is proposed with the adjacent Blue Ridge Mobile Home Park. However, this is proposed as a private emergency connection. Inter -parcel connectivity of the public street system is a requirement of the zoning Ordinance and should be extended to the Blue Ridge Mobile IIome Park. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network. Control of this access point should be at the discretion of the Board of Supervisors. Omitted from the transportation program are any additional accommodations for pedestrian circulation and potential multiuse trails that would provide access internal to the project and ultimately to the adjacent residential developments. The comments offered by the Department of Parks and Recreation relating to this effort have not been addressed. In general, the general transportation program does notpromote an approach thatfurthers the transportation goals of the Comprehensive Plan. B. Sewer and Water The Carriage Place rezoning proposal is estimated to require approximately 32,200 gallons per day of water usage and approximately 32,200 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. Recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester ServiceAuthority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Community Facilities The cormnent provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The schools evaluation anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. The revised housing type would generate at the full allowable density would generate the same Rezoning # 12-06 — Carriage Place March 6, 2007 Page 12 amount 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the H`" elemnentany school opened in the fall of 2006 opened above its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build out and occupancy of previously approved residential projects in the UDA. The 12°r elementary school has been identified in the current Capital Improvements Plan for this general area of the UDA. However, no site has been located or construction initiated to address the needs of additional students generated in this area of the UDA. 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 and $17,732 for single family attached residential dwellings. This application addresses community facility impacts and needs by proffering a payment in the amount of $17, 732 for single family attached residential dwellings 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. For each single family attached unit: $528 for fire and rescue; $14,618 for schools: $1,634 for parks and recreation; $204 for library; $503 for public safety; and $245 for general government; $17,732 for capital improvements No rezoning should be approved unless the net impacts on community facilities are positive, or if the negative impacts can be adequately addressed through proffers or some other means. A request for a rezoning may be turned down even though all fiscal impacts appear to be addressed (Comprehensive Plan 8-17). The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban DevelopmentArea should be a significant consideration. 0 0 Rezoning #12-06 — Carriage Place March 6, 2007 Page 13 5) Proffer Statement — Dated January 25, 2006 and Revised February 2, 2006, May 23, 2006, June 28, 2006, August 10, 2006, and September 12, 2006. Latest Revision Dated January 25, 2007. A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the street providing access to and through the project, residential land use areas, and open space areas within the Carriage Place development. The GDP may be utilized to a greater extent to address the sensitive environmental features on the property, the buffering of the adjacent residential uses, and the historic context of Berryville Canyon, among other things. B) Land Use The applicants have not proffered a limit to the total number of residential units. Based upon a maximum allowable density of 5.5 units per acre, a maximum yield of up to 249 single family attached townhouse units may be constructed. The applicant has committed to a phased introduction of the residential units over a minimum four year period with the potential for up to seventy five units per year (Previously, the connnitment was over a minimum three year period). The Applicant has conunitted to not make application for more than 75 building permits in any twelve month period. This phased approach specifies that the date of final rezoning would continence the phasing of the issuance of building permits. The intent of phasing is to ensure a timed integration of new development in a manner that would enable the timely provision of the public facilities necessary to serve the new development. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. Regardless of the phasing approach, the conmzents relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be recognized. C) Transportation The applicant has proffered the signalization of the intersection of the site driveway and Route 7. The Applicant has also proffered to construct a two lane rural undivided collector roadway on a fifty foot right of way from the entrance to the southern property prior to issuance of the 1251h building permit. Further, that no direct access shall be permitted on the said collector road. This project is located within the Urban DevelopmentArea and all roads should be built with an urban typical section. Sufficient right of way should be provided to accommodate the appropriate road section. In addition, the majority of the length of this road should be completed at the initiation of the project rather than by the 125t" building permit. The monetary contribution in the amount of $5,000 per single family detached unit and $3,000 per single family attached townhouse unit for transportation improvements in the vicinity of the project has been eliminated from the proffer statement. 0 0 Rezoning #12-06 — Carriage Place March 6, 2007 Page 14 Historic Resource Protection The applicant has proffered a $25,000 contribution to the County for purposes associated with security fencing at Star Fort. The proffered buffers along Route 7, Berryville Canyon, are not accurately reflected on the GDP. However, this concept and the buffer and screening of adjacent properties, including the historical Valley Mill Farm, should be addressed to a greater extent as part of this application. ONCLUSIONS FOR 09/20/06 PLANNING COMMISSION MEETING: The Carriage Place rezoning application, while generally consistent with fixture land use designations of the Comprehensive Plan, does not fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the transportation impacts, the environnental impacts, and the capacities and capabilities of community facilities needed to serve the proposed land uses. At this time, the road improvements identified in the Comprehensive Policy Plan are not fully addressed in the application. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING: The applicant's attorney, Mr. Clay Athey, presented their proposed access out to existing Valley Mill Road and continuing out to Route 7, explaining how Valley Mill will line up directly with the off ramps for proposed Route 37 and their plans to improve the intersection with traffic -control devices. Mr. Athey did not believe this option was inconsistent with satisfying the County's Eastern Road Plan. He noted their provision for a proposed connector, if right-of-way can be acquired across the Stafford property back to Valley Mill Road. He also made note of the applicant's monetary provision towards transportation, which exceeded the proffer model, to help meet the County's transportation goals. The applicant's design consultant, Mr. Charles W. Maddox, Jr., noted that the access alternative described by Mr. Athey was in keeping with the HRAB's desire to create an unbroken vegetative buffer along Route 7. He said the monetary proffer for fencing and improvements to Star Fort, in lieu of interpretive kiosks along Route 7, was also preferred by the HRAB. It was also noted that the proposed layout does affect some of the more environmentally- sensitive areas of the site, but the applicant's reason for doing so was to create a better transportation system. One property owner spoke during the public comment portion of the hearing. Mr. Tim Stafford, whose family owned the adjacent Valley Mill Farm, said he was opposed to the rezoning primarily because the access described by the applicant's representatives crossed through a floodplain area. Mr. Stafford said that over the years, the development that has occurred around his property has affected his property, causing the creek to flood, with water coming closer to his home with each storm, and trees to fall. 0 0 Rezoning #12-06 — Carriage Place March 6, 2007 Page 15 Mr. Lloyd Ingram of VDOT was called to the podium to address numerous questions raised by Commission members. Those questions included the accuracy of the interchange design presented by the applicant; whether VDOT considered the applicant's proposed access a better alternative than direct access to Route 7; the interim impact on Valley Mill Road, if VDOT had concerns about the close proximity of the Haggerty traffic signal on a major arterial highway; and if there were any obstacles that would prevent the applicant from crossing the environmentally -sensitive area. Mr. Ingram replied that the interchange presented by the applicant is basically conceptual and has not yet been engineered. He said it was VDOT's opinion that the proposed entrance alternative was a better scenario than direct access onto Route 7, which in their opinion, was a fatal flaw and presented safety issues for the traveling public and local residents. Mr. Ingram said the one -lane bridge will be a bottleneck, but will keep the flow of traffic through there relatively low; traffic signals will be installed only when warranted and spacing was sufficient to allow a synchronized system. Frederick County's Transportation Planner, Mr. Jolui A. Bishop, presented his views on why this issue was more complex than just whether or not it was safer to go out on Valley Mill Road or to Route 7. He explained that Valley Mill Road is planned to be relocated, so although the Eastern Road Plan does not say specifically this crossover will be closed, it can be inferred by the relocation. He said the primary reason for the relocation is that the geometry would be very difficult to improve to the point where it can adequately meet future development. Further, with the Haggerty and the Adams rezonings, there is a requirement that Eddy's Lane have access through there. Mr. Bishop said it was not just the 1,600 trips from this development, but the additional trips from those new developments would have the opportunity to come up Eddys Lane and Valley Mill through an area that is very hard to adequately fix. He explained that considering the amount of long-term traffic, the one side is unlikely to be able to handle the traffic without some major redevelopment of Valley Mill Road where it currently enters Route 7. He said tliis, in turn, could affect where the Route 37 ramps need to go. Numerous questions and concerns were raised by Commission members. Commissioners recognized the applicant's work on making the unique situation of this site work; furthermore, they were not completely opposed to something along the lines of what the applicant was proposing, assuming it fits in and compliments the Eastern Road Plan. However, members of the Commission wanted to know more from the applicant about the design of the proposed intersection, not only how things would potentially line up, but also the scope of improvements. They also wanted more information on the enviromnental impacts. They thought the proposal was much too conceptual at this point and asked the applicant if they could present something that would help the Commission visualize how this will take shape. Members of the Commission said they would also like to see more clarity on what the system would look like relative to the proposed improvements of the Eastern Road Plan. A motion was made, seconded, and unanimously passed to table the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant, as follows: to provide the Commission with a design of the proposed intersection, not only detailing how things will potentially line up, but the scope of improvements; to provide additional information on the environmental impacts; and, to provide additional clarification on what the system would look like relative to the proposed improvements of the Eastern Road Plan. The Commission sought clarification and answers to those issues from VDOT as well. (Note: Commissioners Light, Ours, and Thomas were absent from the meeting.) 0 • REZONING APPLICATION #12-06 CARRIAGE PARK Staff Report for the Planning Commission Prepared: April 30, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff ►vhere relevant throughout this staff report. Planning Commission: Planning Commission: Board of Supervisors: Reviewed November 1, 2006 March 21, 2007 April 18, 2007 May 16, 2007 June 13, 2007 Action Tabled by Planning Commission Tabled at request of Applicant Tabled by Planning Commission Pending Pending PROPOSAL: To rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH 1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 249 single family attached townhouses. (Previously the proposal was for 165 attached and detached single family homes). LOCATION: The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D PROPERTY ZONING: RA (Rural Areas) District and MHl (Mobile Home Conununity) District PRESENT USE: Mobile Home Community, residential, and vacant. OINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential and Agricultural East: RA (Rural Areas) Use: Residential West: MH1 (Mobile Home Community) Use: Mobile Home Community Rezoning #12-06 — Carriage Place April 30, 2007 Page 2 PROPOSED USES: Up to 249 single family attached townhouses (45.44 acres @ 5.5 units per acre). (Previously the proposal was for 165 attached and detached single family homes). REVIEW EVALUATIONS: Virginia Dept. of Transportation: I have reviewed your proffer statement dated August 10, 2006 and offer the following comments: With the volume of traffic currently utilizing Route 7, existing access points and the additional traffic generated by this site, the Residency feels access to this site provided through the Valley Mill Connector with no direct connection to Route 7 is needed. Item 12.7: The Residency suggests the wording be clarified on this proffer to reflect construction within 180 days of written request by VDOT. We feel this would ensure the installation of the traffic signal based on traffic conditions. Item 12.11: Residency suggests more flexibility should be provided to the County to meet overall transportation needs in this area of the County. The applicant has been open to addressing the needs of the transportation issues arising from this proposed development. However, we are concerned that within the context of the proffers, the desire of the Residency and County to connect this subdivision to Route 7 via the Valley Mill Road Relocation, while mentioned, it does not appear to be a priority. The application is requesting full build -out regardless of completing the connection to Valley Mill Road. Mr. Lloyd Ingram of VDOT provided revised comments (see attached) dated September 29, 2006. Please see attached revised comments dated February 23, 2007from Mr. Lloyd Ingram, VDOT. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Greenwood Volunteer Fire Company: OK. Note: Area Fire & Rescue Company is Greenwood Volunteer Fire & Rescue Co. Why no access off of Valley Mill Road? Public Works Department: Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer to Site Suitability: The table surninarizing enviromnental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys, it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies furnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions". Actually, the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross -over at the intersection of Valley Mill Road and Route 7 is not adequate to accommodate the U-turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to ensure that these intersection improvements will be made prior to initiating construction on this site. 4. Refer to Site Drainage: The discussion indicates that low impact development techniques.... will mitigate adverse stormwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will 0 • Rezoning 412-06 — Carriage Place April 30, 2007 Page 3 clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that "consideration of curbside pick-up would be an improvement to solid waste issues associated with increased dumpster use in the County". This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore, any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option; rather it will be a requirement. This statement should be corrected accordingly and revised in the Proffer Statement, Paragraph 9.2 iii (Delete "if they decide to use a conunercial collection company.") 6. Refer to Proffer Statement, paragraph 12.1: The statement indicates that the applicant shall privately fund all transportation improvements required of this project. hldicate if this offer extends to improvements at/on the Route 7 intersection related to Valley Mill Road or possibly Haggerty Drive. Frederick County Inspections: No comment required at this time. Frederick -Winchester Service Authority: The first item of concern is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate way of measuring wastewater flows. We would like to see more detail relative to the design/construction of such a submeter if it would be acceptable. Sanitation Authority: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this development. The eight -inch water line through Blue Ridge Mobile Home Park might not provide the added demands of this project's 165 units. The developer will probably need to extend the water line on Valley Mill Road and connect it to this project. Frederick -Winchester Health Department: The Health Department has no objection as long as sufficient public water and sewer service can be provided. Department of Parks & Recreation: Plan appears to offer appropriate monetary proffer to offset this development will have on the parks and recreational services provided by Frederick County. It is assumed that recreational and open space requirements will be addressed in future plans to be reviewed. The Parks and Recreation Department would also like to see a detailed pedestrian/bicycle trails plan which offers an internal network and provides connection to existing and future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family units will yield 1 I high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. Rezoning #12-06 — Carriage Place April 30, 2007 Page 4 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. However, residents in this area could experience fly over noise from aircraft arriving and departing the Winchester Airport from the northeast. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. While the Generalized Development Plan contains few details, nevertheless the proffer statement should include a proffer that provides that development shall occur in substantial conformity with the Generalized Development Plan. 2. In Proffer 1.1 it is provided that the residential development shall not exceed 165 dwelling units. However, the GDP provides for a total of only 161 dwelling units. 3. The staff should determine whether the Site Access Point, the Interparcel Connection Point, and the Emergency Access Point are located with sufficient detail on the GDPA. With respect to Proffer 12.3, the staff should determine whether the interparcel connector location is appropriate, given any existing or planned streets on the adjoining parcel. It should be noted that 1 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. Mr. Mitchell has been provided with the latestproffer statement submitted on February 23, 2007. His comments are pending. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of June 20, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Iistoric Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made three reconunendations which included: • Protect natural vegetation along Rt. 7 and Valley Mill Rd. to the greatest extent possible. • The backyard of the single family lots abutting the historical Stafford property need a vegetative protection buffer. • Install a roadside interpretive site which the HRAB decided would be more useful along Valley Mill Rd. as compared to placing it along Rt. 7. These reconunendations made by the HRAB were addressed at the August 15, 2006 meeting. The HRAB felt that the rezoning application had thoroughly addressed their comments and reconunended that this proposal move forward since there were no further issues. Planning Department: Please see attached letter dated August 3, 2006 from Eric R. Lawrence, Planning Director. Rezoning 412-06 — Carriage Place April 30, 2007 Page 5 PlanninjZ & ZoninI4: The Applicant has submitted a revised Proffer Statement dated January 25, 2007. The Generalized DevelopmentPlan which is apart of the Proffer Statement has also been modified The changes are relatively substantial and exceed the scope of what the Planning Commission discussed with the Applicant during the Planning Commission's meeting on November 1, 2006. Staff has attempted to identify the changes to the Proffer Statement and GDP within the staff report. 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcels for which the rezoning is being requested as being zoned a combination of A-1 Agricultural and MH Mobile Home zoning classifications. 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 properties and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. The Mobile Home designation encompasses the original boundaries of the Blue Ridge Mobile Home Park. The most recent Site Plan for the development of the remaining areas of the Blue Ridge Mobile Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line Adjustment Plat was approved by the County that reorganized the parcels that make up this rezoning request. Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-174A maintained the RA zoning classification. Parcels 55-A-168 and 55-A-174D maintained the MH1 zoning classification. Parcel 55-A-174A contains both the MH1 and RA zoning classification. The approval of this rezoning request would place all of the properties entirely into the RP 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. I-]] 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 map designates the general area in which the Carriage Place property is located for residential land uses. 0 • Rezoning #12-06 — Carriage Place April 30, 2007 Page 6 The average overall residential density of the Urban Development Area should not exceed three units per acre. More specifically, the Zoning Ordinance stipulates that properties which contain less than one hundred acres but more than ten acres should not exceed 5.5 units per acre. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. As land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as enviromnental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The goals of the Comprehensive Plan also include protecting the natural environment from damage due to development activity, avoiding development in environmentally sensitive areas, and the identification and protection of important natural resources. A balanced approach to providing necessary transportation infrastructure in the area of the project and promoting the protection of sensitive enviromnental areas and features is warranted. Transportation The Frederick County Eastern Road Plan provides the 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). Route 7 is an arterial road whose character should be fully recognized in any rezoning application. Route 7 is characterized with high volumes of traffic traveling at rates of speed in excess of 55 miles per hour. Access management should be a key consideration. Valley Mill Road is identified as an improved major collector road in the County's Eastern Road Plan. In addition, Valley Mill Road is shown as being relocated to a new location and alignment. In 2005, modifications to the County's Eastern Road Plan occurred in the vicinity of this prof ect. The modifications were completed in recognition of the changing traffic patterns in the area, the recently approved Haggerty project which provided for a new Spine Road parallel to future Route 37, and the need to avoid the historically and environmentally sensitive areas in the vicinity of the one lane bridge over Abrams Creek. Valley Mill Road is designated as a major collector road that traverses south of its existing location, providing a new crossing of Abram's Creek, and connecting with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. This location is immediately west of the Opequon Wastewater Treatment Facility. This approach furthers access management goals along Route 7. Rezoning 412-06 — Carriage Place April 30, 2007 Page 7 New development in the Urban Development Area should only be approved when roads and other infrastructure with sufficient capacity have been provided. The Comprehensive Plan identifies that a level of service "C" should be maintained on roads adjacent to and within new developments and that traffic analysis should be provided by the applicants to ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In some cases, new development may need to contribute to the provision, construction, or improvement of roads that are not adjacent to the development. In such cases, developments should contribute their fair share costs of road improvements needed to acconunodate the traffic generated by a particular development. 3) Site Suitability/Environment The Carriage Park site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. Ash Hollow Run parallels Route 7 along the entire frontage of the property. Abram's Creek forms a portion of the eastern boundary of the property. A pond is located central to the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The site is predominantly heavily wooded. The area of this site in floodplain, wetlands, ponds, streams and steep slopes has not been entirely identified in the application. By current County definition, this project contains relatively small areas of steep slopes. The Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The application proposes development of a greater intensity in the reasonably level wooded areas and offers areas that will be set aside for environmental and open space purposes. The revised road layout proposes access to the site directly from Route 7 immediately west of Abrams Creek. Previously the road layout included access to the site from Valley Mill Road via a crossing ofAbram's Creek and its associated floodplain, in an area that contained the steepest slopes on the property. As proposed, the projects only access road includes the crossing of Ash Hollow Run. Protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction pleases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. To help achieve this, the location of the limits of disturbance could be extended beyond the proposed 100' proffered natural vegetative buffer to cover the protection of the identified environmental features, including the floodplain. Presently, the limits of disturbance do not entirely cover the creeks and their associated floodplains. Rezoning #12-06 — Carriage Place April 30, 2007 Page 8 Initially, the Applicant provided for a 15 foot no cut vegetative buffer along the southern portion of the project boundary with Valley Mill Farm which was shown on the GDP. A portion of this proposed buffer was shown on the GDP in a location where no vegetation existed. As noted, current County Ordinance recognizes that a 50 foot woodland strip could be utilized as a desirable and effective alternative to typical buffer and screening standards. It should be recognized that no buffer and screening requirements exist between the proposed development and the property to the southeast, Valley Mill Farm. The Applicant has the ability to address this issue in the Proffer Statement. The revised Proffer Statement and GDP provides no consideration for buffering the adjacent properties in particular the property to the south east as recommended by the HRAB. The relocation of the road directly adjacent to this propero3 line further eliminates the ability to buffer the adjacent property from the proposed development. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The latest Traffic Impact Analysis (TIA) prepared for this project, dated February 23, 2007, was prepared as an addendum to the September 8, 2006 TIA. The initial TIA projected that the development of 165 residential units (53 single family detached and 94 single family attached residential units) would generate 1,348 vehicle trips per day. The new TIA projects that the development of 240 single family attached townhouse units would generate 2,088 vehicle trips per day. The report was developed with access to the site provided via a signalized site driveway along the south side of Route 7. The TIA concludes that the traffic impacts associated with the Carriage Park application are acceptable and manageable, assuming suggested improvements are in place. Suggested improvements include the signalization of the intersection of the site access road with Route 7. The TIA identifies that this intersection will function at an unacceptable level of service without the suggested improvements. Previously, access to the project was being provided via a single site driveway onto existing Valley Mill Road, Route 659, immediately south of Valley Mill Road's intersection with Route 7. Transportation Prol4ram. The Generalized Development Plan for Carriage Park delineates the general public road system that will serve the residential development. This consists of one road that runs from Route 7 to the southern corner of the property directly adjacent and parallel to the southeastern property line. This provides the ability to connect to the property to the southwest of the site. TheApplicant has proffered that this road will be constructed as a two lane rural undivided collector roadway on a 50 foot right of way. Further, that no direct lot access shall be permitted on the road No other internal streets have been identified in the GDP and no public inter parcel connections to the adjacentproperty to the west are proposed. Rezoning #12-06 — Carriage Place April 30, 2007 Page 9 Background. Initially, the applicant designed the public road system with on site access to and from Carriage Park via Route 7. Establishurient of a new entrance onto Route 7 was strongly discouraged. Due to significant concerns with this approach, the applicant redesigned the road system. The revised road system presented to the Planning Coinrnission in November provided for primary access from existing Valley Mill Road, immediately south of its intersection with Route 7, and north of the existing one lane bridge crossing of Abrams Creek. The existing section of Valley Mill Road in this area was identified as being insufficient to accommodate the traffic from this, and adjacent projects, as was the existing intersection on Route 7 without significant improvements and enviroiunental impact. As noted previously, the Comprehensive Plan promotes an effort to enhance and relocate Valley Mill Road so that it serves as a major collector road. This enhancement will provide for a more efficient transportation network that also minimizes environmental and cultural impacts. Valley Mill Road is designated as a major collector road that traverses south of its existing location, provides a new crossing of Abram's Creek, and connects with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a coimection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. Staff maintains that all efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primacy access route to the development. Since the Planning Commission's Public IIearing on this project, Staff, VDOT, and the Applicant's representative, who also represents two other projects in this general area, have discussed the Eastern Road Plan in the vicinity of this project in great detail. A request to revise the Eastern Road Plan in the vicinity of Valley Mill Road was submitted but not pursued. Due to the complex nature of the transportation issues in this area it was recognized that a detailed traffic analysis which covers a broader area than the individual site TIA's would be extremely valuable. The revised Proffer Statement and GDP propose a relocated alignment for the future Route 37 onloff ramp. The Applicant asserts that the location of the Route 37 ramps west of Route 7's crossing ofAbram's Creek is dictated by minimum curve radius standards which would preclude this ramp from aligning with existing Valley Mill Road VDOT has reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this major intersection should be carefully considered As previously noted, the realignment to this location would impact additional properties and residences on the north side of Route 7that were notpreviously identified as being impacted by the construction of Route 37. The Applicant's assertion that their proposal is better without being willing to fully study would not justify impacting additional homeowners for this ramp configuration. Please see additional comments provide by VDOT, dated March 7 regarding this issue. Rezoning #12-06 — Carriage Place April 30, 2007 Page 10 It should be recognized that the spacing of the future on and off ramps on both the west and east sides of future Route 37 are approximately the same distance from future Route 37, approximately 600 feet. The previously approved Haggerty Spine Road intersects directly across from the future Route 37 on/off ramp east of future Route 37. The Carriage Place application does not address the intersection of Valley Mill Road and Route 7 which is located approximately 500 feet east of the proposed signalized intersection. This intersection and existing crossover would remain in place. Please refer to the comments provided by VDOT on February 23, 2007 regarding this issue. Existing Route 659, Burnt Factory Road, located approximately 400 feet west of the proposed signalized intersection should also be a consideration. If it is ultimately determined that the approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a mariner that fully enables the implementation of the future slgnallzation of the Route 37southbound ramps, including vertical and horizontal designs and all turning movements. The Applicant's proffer states that the said entrance and signal shall be designed and constructed with improvements as necessary on Route 7 to accommodate the future construction of the Route 37 ramp as depicted on the GDP. The build out lane geometry shown in the TIA appears to be missing a north bound through lane on the site driveway and a left turn lane from the eastbound Route 7 on to the Route 37 on ramp. The Proffer Statement, GDP, and TIA should be clearly coordinated to complete the ultimate improvements to this intersection to accommodate the Route 37 ramps. The left turn lane is important when considering vehicles making an undesirable u-tum movement on Route 7. This condition presently exists at the Valley Mill Road crossover and is exacerbated by vehicle trips from the Blue Ridge Mobile Home Park who don't have the benefit of an alternative way in and out of their development, and by trips utilizing Burnt Factory Road. Consideration should also be given to additional traffic that may ultimately use the proposed road as a collector to gain access to Route 7. Presently, only the trips generated from the actual development, 2088, have been considered in the TIA and accounted for in the build -out lane geometry which achieves a level of service C. The initial TIA included an additional 3850 trips utilizing Valley Mill Road. The inclusion of additional trips into this intersection would likely have an impact on the level of service of this intersection. As an alternative to implementing the construction of the road network identified in the Comprehensive Plan, the Applicant had previously proffered a monetary contribution in the amount of $5,000 per single family detached residential unit and $3,000 per single family attached townhouse unit for improvements in the general vicinity of the project, including the connection from this project to Valley Mill Road to the south, and the relocation of Valley Mill Road. This proffered contribution has been eliminated from the Proffer Statement. Rezoning # 12-06 — Carriage Place April 30, 2007 Page 11 It should be evaluated whether the transportation improvements proffered by the Applicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. The road layout provides the potential for interparcel connection to the property to the south. An emergency access interparcel connection is proposed with the adjacent Blue Ridge Mobile IIome Park. However, this is proposed as a private emergency connection. Inter -parcel connectivity of the public street system is a requirement of the zoning Ordinance and should be extended to the Blue Ridge Mobile Iome Park. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network. Control of this access point should be at the discretion of the Board of Supervisors. Omitted from the transportation program are any additional accommodations for pedestrian circulation and potential multiuse trails that would provide access internal to the project and ultimately to the adjacent residential developments. The comments offered by the Department of Parks and Recreation relating to this effort have not been addressed. In general, the general transportation program does notpromote an approach thatfurthers the transportation goals of the Comprehensive Plan. B. Sewer and Water The Carriage Place rezoning proposal is estimated to require approximately 32,200 gallons per day of water usage and approximately 32,200 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. Recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester ServiceA uthority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Community Facilities The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The schools evaluation anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 towi>houses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. The revised housing type would generate at the full allowable density would generate the same Rezoning #12-06 — Carriage Place April 30, 2007 Page 12 amount 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the 11 "` elementary school opened in the fall of 2006 opened above its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmer) capacities and the projected build out and occupancy of previously approved residential projects ill the UDA. The 12'h elenientmy school has been identified in the current Capital Improvements Plan for this general area of the UDA. However, no site has been located or construction initiated to address the needs of additional students generated in this area of the UDA. 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 and $17,732 for single family attached residential dwellings. This application addresses community facility impacts and needs by proffering a paymeizt in the amount of $]7,732forsinglefamily attached residential dwellings 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. For each single family attached unit: $528 for fire and rescue; $14,618 for schools: $1,634 for parks and recreation; $204 for library; $503 for public safety; and $245 for general P-overninent; $17,732 for capital improvements No rezoning should be approved unless the net impacts on community facilities are positive, or if the negative impacts can be adequately addressed through proffers or some other means. A request for a rezoning may be turned down even though all fiscal impacts appear to be addressed (Comprehensive Plan 8-17). The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. Rezoning #12-06 — Carriage Place April 30, 2007 Page 13 5) Proffer Statement — Dated January 25, 2006 and Revised February 2, 2006, May 23, 2006, June 28, 2006, August 10, 2006, and September 12, 2006. Latest Revision Dated January 25, 2007. A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the street providing access to and through the project, residential land use areas, and open space areas within the Carriage Place development. The GDP may be utilized to a greater extent to address the sensitive enviromnental features on the property, the buffering of the adjacent residential uses, and the historic context of Berryville Canyon, among other things. B) Land Use The applicants have not proffered a limit to the total number of residential units. Based upon a maximum allowable density of 5.5 units per acre, a maximum yield of up to 249 single family attached townhouse units may be constructed. The applicant has committed to a phased introduction of the residential units over a minimum four year period with the potential for up to seventy five units per year (Previously, the commitment was over a minimum three year period). The Applicant has conunitted to not make application for more than 75 building permits in any twelve month period. This phased approach specifies that the date of final rezoning would commence the phasing of the issuance of building permits. The intent of phasing is to ensure a timed integration of new development in a manner that would enable the timely provision of the public facilities necessary to serve the new development. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. Regardless of the phasing approach, the cormnents relating to the impacts to the Frederick County. Public Schools in this area of the Urban Development Area should be recognized. C) Transportation The applicant has proffered the signalization of the intersection of the site driveway and Route 7. The Applicant has also proffered to construct a two lane rural undivided collector roadway on a fifty foot right of way from the entrance to the southern property prior to issuance of the 125"' building permit. Further, that no direct access shall be permitted on the said collector road. This project is located within the Urban DevelopmentArea and all roads should be built with an urban typical section. Sufficient right of way should be provided to accommodate the appropriate road section. In addition, the majority of the length of this road should be completed at the initiation of the project rather than by the 125`1' building permit. The monetary contribution in the amount of $5,000 per single family detached unit and $3,000 per single family attached townhouse unit for transportation improvements in the vicinity of the project has been eliminated from the proffer statement. Rezoning #12-06 — Carriage Place April 30, 2007 Page 14 Historic Resource Protection The applicant has proffered a $25,000 contribution to the County for purposes associated with security fencing at Star Fort. The proffered buffers along Route 7, Berryville Canyon, are not accurately reflected on the GDP. However, this concept and the buffer and screening of adjacent properties, including the historical Valley Mill Farm, should be addressed to a greater extent as part of this application. STAFF CONCLUSIONS FOR 09/20/06 PLANNING COMMISSION MEETING: The Carriage Place rezoning application, while generally consistent with future land use designations of the Comprehensive Plan, does not fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they frilly address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the transportation impacts, the enviromnental impacts, and the capacities and capabilities of community facilities needed to serve the proposed land uses. At this time, the road improvements identified in the Comprehensive Policy Plan are not fully addressed in the application. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Corrunission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING: The applicant's attorney, Mr. Clay Athey, presented their proposed access out to existing Valley Mill Road and continuing out to Route 7, explaining how Valley Mill will line up directly with the off ramps for proposed Route 37 and their plans to improve the intersection with traffic -control devices. Mr. Athey did not believe this option was inconsistent with satisfying the County's Eastern Road Plan. He noted their provision for a proposed connector, if right-of-way can be acquired across the Stafford property back to Valley Mill Road. He also made note of the applicant's monetary provision towards transportation, which exceeded the proffer model, to help meet the County's transportation goals. The applicant's design consultant, Mr. Charles W. Maddox, Jr., noted that the access alternative described by Mr. Athey was in keeping with the HRAB's desire to create an unbroken vegetative buffer along Route 7. He said the monetary proffer for fencing and improvements to Star Fort, in lieu of interpretive kiosks along Route 7, was also preferred by the HRAB. It was also noted that the proposed layout does affect some of the more environmentally- sensitive areas of the site, but the applicant's reason for doing so was to create a better transportation system. One property owner spoke during the public comment portion of the hearing. Mr. Tim Stafford, whose family owned the adjacent Valley Mill Farm, said he was opposed to the rezoning primarily because the access described by the applicant's representatives crossed through a floodplain area. Mr. Stafford said that over the years, the development that has occurred around his property has affected his property, causing the creek to flood, with water coming closer to his home with each storm, and trees to fall. Rezoning #12-06 — Carriage Place April 30, 2007 Page 15 Mr. Lloyd Ingram of VDOT was called to the podium to address numerous questions raised by Commission members. Those questions included the accuracy of the interchange design presented by the applicant; whether VDOT considered the applicant's proposed access a better alternative than direct access to Route 7; the interim impact on Valley Mill Road, if VDOT had concerns about the close proximity of the Haggerty traffic signal on a major arterial highway; and if there were any obstacles that would prevent the applicant from crossing the enviromnentally-sensitive area. Mr. Ingram replied that the interchange presented by the applicant is basically conceptual and has not yet been engineered. He said it was VDOT's opinion that the proposed entrance alternative was a better scenario than direct access onto Route 7, which in their opinion, was a fatal flaw and presented safety issues for the traveling public and local residents. Mr. Ingram said the one -lane bridge will be a bottleneck, but will keep the flow of traffic through there relatively low; traffic signals will be installed only when warranted and spacing was sufficient to allow a synchronized system. Frederick County's Transportation Planner, Mr. John A. Bishop, presented his views on why this issue was more complex than just whether or not it was safer to go out on Valley Mill Road or to Route 7. He explained that Valley Mill Road is planned to be relocated, so although the Eastern Road Plan does not say specifically this crossover will be closed, it can be inferred by the relocation. He said the primary reason for the relocation is that the geometry would be very difficult to improve to the point where it can adequately meet future development. Further, with the Haggerty and the Adams rezonings, there is a requirement that Eddy's Lane have access through there. Mr. Bishop said it was not just the 1,600 trips from this development, but the additional trips from those new developments would have the opportunity to come up Eddys Lane and Valley Mill through an area that is very hard to adequately fix. He explained that considering the amount of long -terra traffic, the one side is unlikely to be able to handle the traffic without some major redevelopment of Valley Mill Road where it currently enters Route 7. He said this, in turn, could affect where the Route 37 ramps need to go. Numerous questions and concerns were raised by Commission members. Commissioners recognized the applicant's work on making the unique situation of this site work; furthermore, they were not completely opposed to something along the lines of what the applicant was proposing, assuming it fits in and compliments the Eastern Road Plan. However, members of the Commission wanted to know more from the applicant about the design of the proposed intersection, not only how things would potentially line up, but also the scope of improvements. They also wanted more information on the environmental impacts. They thought the proposal was much too conceptual at this point and asked the applicant if they could present something that would help the Cornrnission visualize how this will take shape. Members of the Commission said they would also like to see more clarity on what the system would look like relative to the proposed improvements of the Eastern Road Plan. A motion was made, seconded, and unanimously passed to table the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant, as follows: to provide the Commission with a design of the proposed intersection, not only detailing how things will potentially line up, but the scope of improvements; to provide additional information on the envirommental impacts; and, to provide additional clarification on what the system would look like relative to the proposed improvements of the Eastern Road Plan. The Commission sought clarification and answers to those issues from VDOT as well. (Note: Commissioners Light, Ours, and Thomas were absent from the meeting.) Rezoning 412-06 — Carriage Place April 30, 2007 Page 16 STAFF UPDATE FOR 03/21/07 PLANNING COMMISSION MEETING: The Commission previously tabled the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant regarding the design of the proposed intersection, the environmental impacts of the project, and what the transportation system would look like relative to the proposed improvements of the Eastern Road Plan. The Applicant has not responded directly to these issues. IIowever, the applicant has substantially revised the application. The changes generally exceed the scope of what the Planning Commission had previously discussed. The Carriage Place rezoning application, while generally consistent with future land use designations of the Comprehensive Plan, does not appear to fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated including the following points. Staff maintains that all efforts should be made to implement the Comprehensive Plait and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primary access route to the development. The revised Proffer Statement and GDP propose a relocated alignmentfor the future Route 37 on/off ramp. VDOT has reviewed this revised location and expresser) concerns. Frederick County has not endorsed this realignment. Any relocation of this major intersection should be carefully considered. If it is ultimately determined that the transportation approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner thatfully enables the implementation of the future signalization of the Route 37 southbound ramps, including vertical and horizontal designs and all turning movements. It should be evaluated whether the transportation improvements proffered by theApplicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. Inter parcel connectivity of the public street system is a requirement of the zoning Ordinance. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network. Control of this access point could be at the discretion of the Board of Supervisors. This project is located within the Urban DevelopmentArea and all roads should be built with an urban typical section. Rezoning #12-06 — Carriage Place April 30, 2007 Page 17 The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. The protection of the integrity of the pond, environmental open spaces, and the riparian areas alongAbranr's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. 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 (a second public hearing is being held due to the scope of the modifications to the application). The applicant should be prepared to adeauately address all concerns raised by the Planning Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/21/07 MEETING: The applicant requested that their application be tabled for 30 days. The applicant said they were very close to working out the principal issues, but had some property owner details that needed to be solidified and proffers that needed to be checked by the County attorney. Commission members asked the applicant if a 30-day tabling was realistic with the issues that need to be worked out with VDOT and the surrounding property owners. The applicant replied yes; the applicant intended to work diligently to meet that requirement and he believed 30 days was a sufficient amount of time. There were no public continents. By a unanimous vote, the Commission granted the applicant's request for a 30-day tabling to April 18, 2007. (Commissioner Unger was absent from the meeting.) STAFF UPDATE FOR 04/18/07 PLANNING COMMISSION MEETING: Staff has not received any additional information from the Applicant. A request was provided by the Applicant on April 4, 2007 to continue the consideration of this application for an additional time period (see attached letter). The Planning Commission may address this request at your 4/18/07 meeting. • Rezoning #12-06 — Carriage Place April 30, 2007 Page 18 PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/18/07 MEETING: The Commission reviewed the Applicant's requested continuance of this item and tabled the application for an additional 30 days. There were no public continents. By a unanimous vote, the Conunission tabled the request until the May 16, 2007 meeting. The Applicant was not present at the meeting. (Commissioners Thomas and Watt were absent from the meeting.) STAFF UPDATE FOR 05/16/07 PLANNING COMMISSION MEETING: Staff has not received any additional information from the Applicant. The Planning Conunission may address this request at your 5/16/07 meeting. The update and recommendations provided by Staff for your 03/21/07 meeting (seepage 16) remain valid and reflect the most current information provided by the Applicant in support of their request. REZONING APPLICATION #12-06 CARRIAGE PARK Staff Report for the Planning Commission Prepared: March 5, 2007 Staff Contact: Michael T. Ruddy, AlCP, Deputy Plamung Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision oil 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: November 1, 2006 Tabled by Planning Commission Planning Commission: March 21, 2007 Pending Board of Supervisors: April 11, 2007 Pending PROPOSAL: To rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 249 single family attached townhouses. (Previously the proposal wasfor • 165 attached and detached single family homes). LOCATION: The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D PROPERTY ZONING: RA (Rural Areas) District and MH1 (Mobile Home Community) District PRESENT USE: Mobile Home Conununity, residential, and vacant. ADJOINING PROPERTY ZONING & PRESENT USE: • North: South: RA (Rural Areas) RA (Rural Areas) Use: Residential Use: Residential and Agricultural East: RA (Rural Areas) Use: Residential West: MHl (Mobile Horne Community) Use: Mobile Home Community Rezoning # 12-06 — Carriage Place March 6, 2007 Page 2 PROPOSED USES: Up to 249 single family attached townhouses (45.44 acres @ 5.5 units per acre). (Previously the proposal was for 165 attached and detached single family homes). REVIEW EVALUATIONS: VirlZinia Dept. of Transportation: I have reviewed your proffer statement dated August 10, 2006 and offer the following comments: With the volume of traffic currently utilizing Route 7, existing access points and the additional traffic generated by this site, the Residency feels access to this site provided through the Valley Mill Connector with no direct connection to Route 7 is needed. Item 12.7: The Residency suggests the wording be clarified on this proffer to reflect construction within 180 days of written request by VDOT. We feel this would ensure the installation of the traffic signal based on traffic conditions. Item 12.11: Residency suggests more flexibility should be provided to the County to meet overall transportation needs in this area of the County. The applicant has been open to addressing the needs of the transportation issues arising from this proposed development. However, we are concerned that within the context of the proffers, the desire of the Residency and County to connect this subdivision to Route 7 via the Valley Mill Road Relocation, while mentioned, it does not appear to be a priority. The application is requesting full build -out regardless of completing the connection to Valley Mill Road. Mr. Lloyd Ingram of VDOT provided revised comments (see attached) dated September 29, 2006. • Please see attached revised comments dated February 23, 2007from Mr. Lloyd Ingram, VDOT. • Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Greenwood Volunteer Fire Company: OK. Note: Area Fire & Rescue Company is Greenwood Volunteer Fire & Rescue Co. Why no access off of Valley Mill Road? Public Works Department: Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer to Site Suitability: The table summarizing environmental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys, it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies furnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions". Actually, the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross -over at the intersection of Valley Mill Road and Route 7 is not adequate to accommodate the U-turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to ensure • that these intersection improvements will be made prior to initiating construction on this site. 4. Refer to Site Drainage: The discussion indicates that low impact development techniques.... will mitigate adverse stormwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will • 0 • Rezoning #12-06 — Carriage Place March 6, 2007 Page 3 clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that "consideration of curbside pick-up would be an improvement to solid waste issues associated with increased dumpster use in the County". This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore, any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option; rather it will be a requirement. This statement should be corrected accordingly and revised in the Proffer Statement, Paragraph 9.2 iii (Delete "if they decide to use a conunercial collection company.") 6. Refer to Proffer Statement, paragraph 12.1: The statement indicates that the applicant shall privately fund all transportation improvements required of this project. Indicate if this offer extends to improvements allon the Route 7 intersection related to Valley Mill Road or possibly Haggerty Drive. Frederick County Inspections: No cominent required at this time. Frederick -Winchester Service Authority: The first item of concern is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate way of measuring wastewater flows. We would like to see more detail relative to the design/construction of • such a submeter if it would be acceptable. Sanitation Authority: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this development. The eight -inch water line through Blue Ridge Mobile Home Park might not provide the added demands of this project's 165 units. The developer will probably need to extend the water line on Valley Mill Road and connect it to this project. Frederick -Winchester Health Department: The Health Department has no objection as long as sufficient public water and sewer service can be provided. Department of Parks & Recreation: Plan appears to offer appropriate monetary proffer to offset this development will have on the parks and recreational services provided by Frederick County. It is assumed that recreational and open space requirements will be addressed in future plans to be reviewed. The Parks and Recreation Department would also like to see a detailed pedestrian/bicycle trails plan which offers an internal network and provides connection to existing and future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. Rezoning #12-06 — Carriage Place March 6, 2007 Page 4 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. However, residents in this area could experience fly over noise from aircraft arriving and departing the Winchester Airport from the northeast. • Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. While the Generalized Development Plan contains few details, nevertheless the proffer statement should include a proffer that provides that development shall occur in substantial conformity with the Generalized Development Plan. 2. In Proffer 1.1 it is provided that the residential development shall not exceed 165 dwelling units. However, the GDP provides for a total of only 161 dwelling units. 3. The staff should determine whether the Site Access Point, the Interparcel Connection Point, and the Emergency Access Point are located with sufficient detail on the GDPA. With respect to Proffer 12.3, the staff should determine whether the interparcel connector location is appropriate, given any existing or planned streets on the adjoining parcel. 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. Mr. Mitchell has been provided with the latestproffer statement submitted on February 23, 2007. His . comments are pending. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of June 20, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made three recommendations which included: • Protect natural vegetation along Rt. 7 and Valley Mill Rd. to the greatest extent possible. • The backyard of the single family lots abutting the historical Stafford property need a vegetative protection buffer. • Install a roadside interpretive site which the HRAB decided would be more useful along Valley Mill Rd. as compared to placing it along Rt. 7. These recommendations made by the HRAB were addressed at the August 15, 2006 meeting. The HRAB felt that the rezoning application had thoroughly addressed their comments and recommended that this proposal move forward since there were no further issues. PlanninlZ Department: Please see attached letter dated August 3, 2006 ftonz Eric R. Lawrence, Planning Director. 0 • Rezoning #12-06 — Carriage Place March 6, 2007 Page 5 Planning & Zoning: The Applicant has submitted a revised Proffer Statement dated January 25, 2007. The Generalized Development Plan which is apart of the Proffer Statement has also been modified The changes are relatively substantial and exceed the scope of what the Planning Commission discussed with the Applicant during the Planning Commission's meeting on November 1, 2006. Staff has attempted to identify the changes to the Proffer Statement and GDP within the staff report. 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcels for which the rezoning is being requested as being zoned a combination of A-1 Agricultural and MH Mobile Home zoning classifications. 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 properties and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. The Mobile Home designation encompasses the original boundaries of the Blue Ridge Mobile Home Park. • The most recent Site Plan for the development of the remaining areas of the Blue Ridge Mobile Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line Adjustment Plat was approved by the County that reorganized the parcels that make up this rezoning request. Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-174A maintained the RA zoning classification. Parcels 55-A-168 and 55-A-174D maintained the MH1 zoning classification. Parcel 55-A-174A contains both the MH1 and RA zoning classification. The approval of this rezoning request would place all of the properties entirely into the RP 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] 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 reap designates the general area in which the Carriage Place property is located for residential land uses. Rezoning #12-06 — Carriage Place . March 6, 2007 Page 6 The average overall residential density of the Urban Development Area should not exceed three units per acre. More specifically, the Zoning Ordinance stipulates that properties which contain less than one hundred acres but more than ten acres should not exceed 5.5 units per acre. With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. As land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The goals of the Comprehensive Plan also include protecting the natural environment from damage due to development activity, avoiding development in environmentally sensitive areas, and the identification and protection of important natural resources. A balanced approach to providing necessary transportation infrastructure in the area of the project and promoting the protection of sensitive environmental areas and features is warranted. Transportation • The Frederick County Eastern Road Plan provides the 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). Route 7 is an arterial road whose character should be fully recognized in any rezoning application. Route 7 is characterized with high volumes of traffic traveling at rates of speed in excess of 55 miles per hour. Access management should be a key consideration. Valley Mill Road is identified as an improved major collector road in the County's Eastern Road Plan. In addition, Valley Mill Road is shown as being relocated to a new location and alignment. In 2005, modifications to the County's Eastern Road Plan occurred in the vicinity of this prof ect. The modifications were completed in recognition of the changing traffic patterns in the area, the recently approved Haggerty project which provided for a new Spine Road parallel to future Route 37, and the need to avoid the historically and environmentally sensitive areas in the vicinity of the one lane bridge over Abrams Creek. Valley Mill Road is designated as a major collector road that traverses south of its existing location, providing a new crossing of Abram's Creek, and connecting with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. This location is immediately west of the Opequon Wastewater Treatment Facility. This approach furthers access management goals along Route 7. • • w • Rezoning #12-06 — Carriage Place March 6, 2007 Page 7 New development in the Urban Development Area should only be approved when roads and other infrastructure with sufficient capacity have been provided. The Comprehensive Plan identifies that a level of service "C" should be maintained on roads adjacent to and within new developments and that traffic analysis should be provided by the applicants to ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In some cases, new development may need to contribute to the provision, construction, or improvement of roads that are not adjacent to the development. In such cases, developments should contribute their fair share costs of road improvements needed to accommodate the traffic generated by a particular development. 3) Site Suitability/Environment The Carriage Place site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. Ash Hollow Run parallels Route 7 along the entire frontage of the property. Abram's • Creek forms a portion of the eastern boundary of the property. A pond is located central to the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The site is predominantly heavily wooded. The area of this site in floodplain, wetlands, ponds, streams and steep slopes has not been entirely identified in the application. By current County definition, this project contains relatively small areas of steep slopes. The Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The application proposes development of a greater intensity in the reasonably level wooded areas and offers areas that will be set aside for environmental and open space purposes. The revised road layout proposes access to the site directly from Route 7 immediately west of Abrams Creek. Previously the road layout included access to the site from Valley Mill Road via a crossing ofAbram's Creek and its associated floodplain, in an area that contained the steepest slopes on the property. As proposed, the projects only access road includes the crossing of Ash Hollow Run. Protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. To help achieve this, the location of the limits of disturbance could be • extended beyond the proposed 100' proffered natural vegetative buffer to cover the protection of the identified environmental features, including the floodplain. Presently, the limits of disturbance do not entirely cover the creeks and their associated floodplains. 0 Rezoning #12-06 — Carriage Place • March 6, 2007 Page 8 Initially, the Applicant provided for a 15 foot no cut vegetative buffer along the southern portion of the project boundary with Valley Mill Fann which was shown on the GDP. A portion of this proposed buffer was shown on the GDP in a location where no vegetation existed. As noted, current County Ordinance recognizes that a 50 foot woodland strip could be utilized as a desirable and effective alternative to typical buffer and screening standards. It should be recognized that no buffer and screening requirements exist between the proposed development and the property to the southeast, Valley Mill Farm. The Applicant has the ability to address this issue in the Proffer Statement. The revised Proffer Statement and GDP provides no consideration for buffering the adjacent properties in particular the property to the south east as recommended by the HRAB. The relocation of the road directly adjacent to this property line further eliminates the ability to buffer the adjacent property from the proposed development. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. 4) Potential Impacts A. Transportation Traffic Impact Analysis. • The latest Traffic Impact Analysis (TIA) prepared for this project, dated February 23, 2007, was prepared as an addendum to the September 8, 2006 TIA. The initial TIA projected that the development of 165 residential units (53 single family detached and 94 single family attached residential units) would generate 1,348 vehicle trips per day. The new TIA projects that the development of 240 single family attached townhouse units would generate 2,088 vehicle trips per day. The report was developed with access to the site provided via a signalized site driveway along the south side of Route 7. The TIA concludes that the traffic impacts associated with the Carriage Park application are acceptable and manageable, assuming suggested improvements are in place. Suggested improvements include the signalization of the intersection of the site access road with Route 7. The TIA identifies that this intersection will function at an unacceptable level of service without the suggested improvements. Previously, access to the project was being provided via a single site driveway onto existing Valley Mill Road, Route 659, immediately south of Valley Mill Road's intersection with Route 7. Transportation Prol4ram. The Generalized Development Plan for Carriage Park delineates the general public road system that will serve the residential development. This consists of one road that runs from Route 7 to the southern corner of the property directly adjacent and parallel to the southeastern property line. This provides the ability to connect to the property to the southwest of the site. The Applicant has proffered that this road will be constructed as a two • lane rural undivided collector roadway on a 50 foot right of way. Further, that no direct lot access shall be permitted on the road. No other internal streets have been identified in the GDP and no public inter parcel connections to the adjacentproperty to the west are proposed. • • . Rezoning #12-06 — Carriage Place March 6, 2007 Page 9 Background. •ound. Initially, the applicant designed the public road system with on site access to and from Carriage Park via Route 7. Establislunent of a new entrance onto Route 7 was strongly discouraged. Due to significant concerns with this approach, the applicant redesigned the road system. The revised road system presented to the Planning Commission in November provided for primary access from existing Valley Mill Road, inunediately south of its intersection with Route 7, and north of the existing one lane bridge crossing of Abrams Creek. The existing section of Valley Mill Road in this area was identified as being insufficient to accommodate the traffic from this, and adjacent projects, as was the existing intersection on Route 7 without significant improvements and envirorunental impact. As noted previously, the Comprehensive Plan promotes an effort to enhance and relocate Valley Mill Road so that it serves as a major collector road. This enhancement will provide for a more efficient transportation network that also minimizes environmental and cultural impacts. Valley Mill Road is designated as a major collector road that traverses south of its existing location, provides a new crossing of Abram's Creek, and connects with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location • previously determined as part of the Haggerty project, directly opposite the future on and off ramps of future Route 37. Staff maintains that all efforts should be fnade to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plait, as the primary access route to the development. Since the Planning Commission's Public Hearing on this project, Staff, VDOT, and the Applicant's representative, who also represents two other projects in this general area, have discussed the Eastern Road Plan in the vicinity of this project in great detail. A request to revise the Eastern Road Plan in the vicinity of Valley Mill Road was submitted but not pursued. Due to the complex nature of the transportation issues in this area it was recognized that a detailed traffic analysis which covers a broader area than the individual site TIA's would be extremely valuable. The revised Proffer Statement and GDP propose a relocated alignment for the future Route 37 on/off ramp. The Applicant asserts that the location of the Route 37 ramps west of Route 7's crossing ofAbram's Creek is dictated by minimum curve radius standards which would preclude this ramp from aligning with existing Valley Mill Road. VDOT has reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this major intersection should be carefully considered. As previously noted, the realignment to this location would impact additional properties and residences on the north side of Route 7that were notpreviously identified as being impacted • by the construction of Route 37. The Applicant's assertion that their proposal is better without being willing to fully study would not justify impacting additional homeowners for this ramp configuration. Please see additional comments provide by VDOT, dated March 7 regarding this issue. Rezoning 412-06 — Carriage Place March 6, 2007 Page 10 It should be recognized that the spacing of the future on and off ramps on both the west and east sides of future Route 37 are approximately the same distance from future Route 37, approximately 600 feet. The previously approved Haggerty Spine Road intersects directly across from the future Route 37 on/off ramp east of future Route 37. The Carriage Place application does not address the intersection of Valley Mill Road and Route 7 which is located approximately 500 feet east of the proposed signalized intersection. This intersection and existing crossover would remain in place. Please refer to the comments provided by VDOT on February 23, 2007 regarding this issue. Existing Route 659, Burnt Factory Road, located approximately 400 feet west of the proposed signalized intersection should also be a consideration. U If it is ultimately determined that the approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner thatfully enables the implementation of the future signalization of the Route 37southbound ramps, including vertical and horizontal designs and all turning movements. The Applicant's proffer states that the said entrance and signal shall be designed and constructed with improvements as necessary on Route 7 to accommodate the future construction of the Route 37 ramp as depicted on the GDP. The build out lane geometry shown is in the TIA appears to be missing a north bound through lane on the site driveway and a left turn lane from the eastbound Route 7 on to the Route 37 on ramp. The Proffer Statement, GDP, and TIA should be clearly coordinated to complete the ultimate improvements to this intersection to accommodate the Route 37 ramps. The left turn lane is important when considering vehicles making an undesirable u-turn movement on Route 7. This condition presently exists at the Valley Mill Road crossover and is exacerbated by vehicle trips from the Blue Ridge Mobile Home Park who don't have the benefit of an alternative way in and out of their development, and by trips utilizing Burnt Factory Road. Consideration should also be given to additional traffic that may ultimately use the proposed road as a collector to gain access to Route 7. Presently, only the trips generated from the actual development, 2088, have been considered in the TIA and accounted for in the build -out lane geometry which achieves a level of service C. The initial TIA included an additional 3850 trips utilizing Valley Mill Road. The inclusion of additional trips into this intersection would likely have an impact on the level of service of this intersection. As an alternative to implementing the construction of the road network identified in the Comprehensive Plan, the Applicant had previously proffered a monetary contribution in the amount of $5,000 per single family detached residential unit and $3,000 per single family attached townhouse unit for improvements in the general vicinity of the project, including the connection from this project to Valley Mill Road to the south, and the relocation of Valley Mill • Road. This proffered contribution has been eliminated from the Proffer Statement. 0 0 • Rezoning #12-06 — Carriage Place March 6, 2007 Page 11 It should be evaluated whether the transportation improvements proffered by theApplicant are adequate to address the impacts generated by this rezoning request and willfacilitate the long range transportation goals of the Comprehensive Plan. The road layout provides the potential for interparcel connection to the property to the south. An emergency access interparcel connection is proposed with the adjacent Blue Ridge Mobile Home Park. However, this is proposed as a private emergency connection. Inter -parcel cormectivity of the public street system is a requirement of the zoning Ordinance and should be extended to the Blue Ridge Mobile Home Park. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile I-Ionte Park in the general location of the existing street network. Control of this access point should be at the discretion of the Board of Supervisors. Omitted from the transportation program are any additional accommodations for pedestrian circulation and potential multiuse trails that would provide access internal to the project and ultimately to the adj acent residential developments. The comments offered by the Department of Parks and Recreation relating to this effort have not been addressed. • In general, the general transportation program does not promote an approach thatfurthers the transportation goals of the Comprehensive Plait. B. Sewer and Water The Carriage Place rezoning proposal is estimated to require approximately 32,200 gallons per day of water usage and approximately 32,200 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. Recent planning efforts have identified that evolving nutrient reduction regulations prontulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Tyinchester ServiceAuthority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Community Facilities The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The schools evaluation anticipated that the proposed 120 single • family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 new students upon build -out. The revised housing type would generate at the full allowable density would generate the same 0 Rezoning #12-06 — Carriage Place March 6, 2007 Page 12 amount 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the 11 r1' elementary school opened in the fall of 2006 opened above its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build out and occupancy of previously approved residential projects in the UDA. The 12`h elementauy school has been identified in the current Capital Improvements Plan for this general area of the UDA. However, no site has been located or construction initiated to address the needs of additional students generated in this area of the UDA. 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 and $17,732 for single family attached residential dwellings. This application addresses community facility impacts and needs by proffering a payment in the amount of $17, 732 for single family attached residential dwellings 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. For each single family attached unit: $528 for fire and rescue; $14,618 for schools: $1,634 for parks and recreation; $204 for library; $503 for public safety; and $245 for general government; $17,732 for capital improvements No rezoning should be approved unless the net impacts on community facilities are positive, or if the negative impacts can be adequately addressed through proffers or some other means. A request for a rezoning may be turned down even though all fiscal impacts appear to be addressed (Comprehensive Plan 8-17). The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban DevelopmentArea should be a significant consideration. • 0 • Rezoning #12-06 — Carriage Place March 6, 2007 Page 13 5) Proffer Statement — Dated January 25, 2006 and Revised February 2, 2006, May 23, 2006, June 28, 2006, August 10, 2006, and September 12, 2006. Latest Revision Dated January 25, 2007. A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the street providing access to and through the project, residential land use areas, and open space areas within the Carriage Place development. The GDP may be utilized to a greater extent to address the sensitive environmental features on the property, the buffering of the adjacent residential uses, and the historic context of Berryville Canyon, among other things. B) Land Use The applicants have not proffered a limit to the total number of residential units. Based upon a maximum allowable density of 5.5 units per acre, a maximum yield of up to 249 single family attached townhouse units may be constructed. • The applicant has committed to a phased introduction of the residential units over a minimum four year period with the potential for up to seventy five units per year (Previously, the conznzitMent uvas over a niininnunz three year period). The Applicant has committed to not make application for more than 75 building permits in any twelve month period. This phased approach specifies that the date of final rezoning would commence the phasing of the issuance of building permits. The intent of phasing is to ensure a timed integration of new development in a manner that would enable the timely provision of the public facilities necessary to serve the new development. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. Regardless of the phasing approach, the comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be recognized. C) Transportation The applicant has proffered the signalization of the intersection of the site driveway and Route 7. The Applicant has also proffered to construct a two lane rural undivided collector roadway on a fifty foot right of way from the entrance to the southern property prior to issuance of the 125t" building permit. Further, that no direct access shall be permitted on the said collector road. This project is located within the Urban DevelopmentArea and all roads should be built with an urban typical section. Sufficient right of rvay should be provided to accommodate the appropriate road section. In addition, the majority of the length of this road should be completed at the initiation of the project rather titan by the 125"' building permit. • The monetarycontribution in the arnount of $5 000 per single farnil detached unit and 3 000 p g Y $� per single family attached towr-liouse unit for transportation improvements in the vicinity of the project has been eliminated from the proffer statement. Rezoning #12-06 — Carriage Place March 6, 2007 Page 14 Historic Resource Protection The applicant has proffered a $25,000 contribution to the County for purposes associated with security fencing at Star Fort. The proffered buffers along Route 7, Berryville Canyon, are not accurately reflected on the GDP. However, this concept and the buffer and screening of adjacent properties, including the historical Valley Mill Farm, should be addressed to a greater extent as part of this application. STAFF CONCLUSIONS FOR 09/20/06 PLANNING COMMISSION MEETING: The Carriage Place rezoning application, while generally consistent with future land use designations of the Comprehensive Plan, does not fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the transportation impacts, the environmental impacts, and the capacities and capabilities of community facilities needed to serve the proposed land uses. At this time, the road improvements identified in the Comprehensive Policy Plan are not fully addressed in the application. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING: The applicant's attorney, Mr. Clay Athey, presented their proposed access out to existing Valley Mill Road and continuing out to Route 7, explaining how Valley Mill will line up directly with the off ramps for proposed Route 37 and their plans to improve the intersection with traffic -control devices. Mr. Athey did not believe this option was inconsistent with satisfying the County's Eastern Road Plan. He noted their provision for a proposed connector, if right-of-way can be acquired across the Stafford property back to Valley Mill Road. He also made note of the applicant's monetary provision towards transportation, which exceeded the proffer model, to help meet the County's transportation goals. The applicant's design consultant, Mr. Charles W. Maddox, Jr., noted that the access alternative described by Mr. Athey was in keeping with the HRAB's desire to create an unbroken vegetative buffer along Route 7. He said the monetary proffer for fencing and improvements to Star Fort, in lieu of interpretive kiosks along Route 7, was also preferred by the HRAB. It was also noted that the proposed layout does affect some of the more environmentally- sensitive areas of the site, but the applicant's reason for doing so was to create a better transportation system. One property owner spoke during the public comment portion of the hearing. Mr. Tim Stafford, whose family owned the adjacent Valley Mill Farm, said he was opposed to the rezoning primarily because the access described by the applicant's representatives crossed through a floodplain area. Mr. Stafford said that over the years, the development that has occurred around his property has affected his property, causing the creek to flood, with water coming closer to his home with each storm, and trees to fall. 0 • • 0 • • Rezoning #12-06 — Carriage Place March 6, 2007 Page 15 Mr. Lloyd Ingram of VDOT was called to the podium to address numerous questions raised by Commission members. Those questions included the accuracy of the interchange design presented by the applicant; whether VDOT considered the applicant's proposed access a better alternative than direct access to Route 7; the interim impact on Valley Mill Road, if VDOT had concerns about the close proximity of the Haggerty traffic signal on a maj or arterial highway; and if there were any obstacles that would prevent the applicant from crossing the environmentally -sensitive area. Mr. higram replied that the interchange presented by the applicant is basically conceptual and has not yet been engineered. He said it was VDOT's opinion that the proposed entrance alternative was a better scenario than direct access onto Route 7, which in their opinion, was a fatal flaw and presented safety issues for the traveling public and local residents. Mr. Ingram said the one -lane bridge will be a bottleneck, but will keep the flow of traffic through there relatively low; traffic signals will be installed only when warranted and spacing was sufficient to allow a synchronized system. Frederick County's Transportation Planner, Mr. John A. Bishop, presented his views on why this issue was more complex than just whether or not it was safer to go out on Valley Mill Road or to Route 7. He explained that Valley Mill Road is planned to be relocated, so although the Eastern Road Plan does not say specifically this crossover will be closed, it can be inferred by the relocation. He said the primary reason for the relocation is that the geometry would be very difficult to improve to the point where it can • adequately meet future development. Further, with the Haggerty and the Adams rezonings, there is a requirement that Eddy's Lane have access through there. Mr. Bishop said it was not just the 1,600 trips from this development, but the additional trips from those new developments would have the opportunity to come up Eddys Lane and Valley Mill through an area that is very hard to adequately fix. He explained that considering the amount of long-term traffic, the one side is unlikely to be able to handle the traffic without some major redevelopment of Valley Mill Road where it currently enters Route 7. He said this, in turn, could affect where the Route 37 ramps need to go. Numerous questions and concerns were raised by Commission members. Commissioners recognized the applicant's work on making the unique situation of this site work; furthermore, they were not completely opposed to something along the lines of what the applicant was proposing, assuming it fits in and compliments the Eastern Road Plan. However, members of the Commission wanted to know more from the applicant about the design of the proposed intersection, not only how things would potentially line up, but also the scope of improvements. They also wanted more information on the environmental impacts. They thought the proposal was much too conceptual at this point and asked the applicant if they could present something that would help the Commission visualize how this will take shape. Members of the Commission said they would also like to see more clarity on what the system would look like relative to the proposed improvements of the Eastern Road Plan. A motion was made; seconded, and unanimously passed to table the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant, as follows: to provide the • Commission with a design of the proposed intersection, not only detailing how things will potentially line up, but the scope of improvements; to provide additional information on the enviromnental impacts; and, to provide additional clarification on what the system would look like relative to the proposed improvements of the Eastern Road Plan. The Commission sought clarification and answers to those issues from VDOT as well. (Note: Commissioners Light, Ours, and Thomas were absent from the meeting.) • 0 Rezoning 912-06 — Carriage Place March 6, 2007 Page 16 STAFF UPDATE FOR 03/21/07 PLANNING COMMISSION MEETING: The Commission previously tabled the application for a period of 60 days to allow for additional analysis and information to be provided by the applicant regarding the design of the proposed intersection, the enviromnental impacts of the project, and what the transportation system would look like relative to the proposed improvements of the Eastern Road Plan. The Applicant has not responded directly to these issues. However, the applicant has substantially revised the application. The changes generally exceed the scope of what the Planning Commission had previously discussed. The Carriage Place rezoning application, while generally consistent with future land use designations of the Comprehensive Plan, does not appear to fully address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated including the following points. • Staff maintains that all efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primary access route to the development. • The revised Proffer Statement and GDP propose a relocated alignment for the future Route 37 on/off ramp. VDOT has reviewed this revised location and expressed concerns. Frederick County has not endorsed this realignment. Any relocation of this major intersection should be carefully considered. If it is ultimately determined that the transportation approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of the site driveway and Route 7 occur in a manner that fully enables the implementation of the future signalization of the Route 37southbound ramps, including vertical and horizontal designs and all turning movements. It should be evaluated whether the transportation improvements proffered by the Applicant are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. Inter parcel connectivity of the public street system is a requirement of the zoning Ordinance. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network. Control of this access point could be at the discretion of the Board of Supervisors. This project is located within the Urban Development Area and all roads should be built with an urban typical section. 0 • • Rezoning 412-06 — Carriage Place March 6, 2007 Page 16 The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be a significant consideration. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas as a desirable buffer to the surrounding properties along with the location and composition of any new buffer areas. The protection of the integrity of the pond, environmental open spaces, and the riparian areas alongAbram's Creek andAsh Hollow Run, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. Following the requirement for a public Bearing-, a recommendation by the Planninga Commission to the Board of Supervisors concerning this rezoning application would be appropriate (a second public hearin,- is being held due to the scope of the modifications to the application). The applicant should be prepared to • adequately address all concerns raised by the Planning- Commission. 0 VII-T -712 II kill" 0 L� 1 M110-319M fig Irl UKK0\y /NO NA L GETATION BUFFER t OF A - __ ` FUTURE ROUTE 37 I� ON/OFF RAMP (A)EMERGE Y CONNECTION i . NALPZED NCE /,- i SINGLE FAMI Y ATTACL& HOUSI i 30.5230 Acres Ek ZONING: RA J PROPOSED ZONING: Rop P \v- \COLLECTOR ROAD FUTURE VALL Y MILL RO 0 s�yy CONNECTION Y OTHERS 14.9196 Acres F ( ) O a E ZONp MH1- . Y MII -_ P - A PR D NG:: RP E O_ 1 CA LSI � ,i O, .\ 1 .. ,•-445 +lfi / lVl� �`\� - \ \ •, i / j f it f 4r J,/�! � `\� � � ....� � --.._.J � . CARRIAGE PARK Patton Harris Ru 76rssociat GENERL/ZED DEVELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 2260 O O Q VOICE: (540) 667-2139 FAX: (540) 665-0493 V FR£D£R/CK COUNTY, KRGIN14 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be cor�ipleted by Plannang Staff FeeAmouzzt Pasd Zoning Amendment Number= 1 :'06 Datie Receuved D ?:b . 0.6,.,< PC.'�Heariig'Date t BOS Hearing Date cQ ` 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. Applicants: Name: Patton Harris Rust & Associates Telephone: (540) 667.2139 Address: 117 East Piccadilly Street Winchester, Virginia 22601 2. Property Owner (if different than above) Name: Carriage Place, LLC Telephone: 540.662.7160 Address: 22A Ricketts Drive Winchester, VA 22601 Winchester, Virginia 22601 3. Contact persou(s) if other than above Name: Patrick Sowers Telephone: (540) 667.2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid x Proffer Statement X _J i • 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: Denver Quinnelly 6. A) Current Use of the Property: Mobile Home Park, Residential & Vacant B) Proposed Use of the Property: SF Detached & Attached 7. Adjoining Property: SEE ATTACHED. PARCEL ID NUMBER USE ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). South & adjacent to Route 7, east & adjacent to Blue Ridge Mobile Home Park N • 0 In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-17413, 55-A-174D Districts Magisterial: Fire Service: Rescue Service: Red Bud Greenwood Greenwood High School: Middle School: Elementary School Millbrook JW Middle Red Bud 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 30.26 RA RP 15.18 MH-1 RP 45.44 1 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 73 Townhome 92 Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Office Retail Restaurant Square Footage of Proposed Uses Service Station Manufacturing Flex - Warehouse Other 3 1 i --j 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 cert'fy that U on and its accompanying materials are true and accurate to the best of my (ou knowl Applicant(s) Date e o Date 4 • 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 t is plic the best of my (ou knowl dge. Applicant(s) and its accompanying materials are true and accurate to Date gtqlo Date 4 Carriage Park Rezoning Application Adjoining Property Owners Tax ID # Name Address Zoning Use 55-A-162 Baylis Investments, LLC 2332 Middle Road, Winchester, VA 22601 RA Residential 55-A-163 Baylis Investments, LLC 2332 Middle Road, Winchester, VA 22601 RA Residential 55-A-164 Robert E. & Gladdie R. Carter 1560 Valley Na Road, Winchester, VA 22602 RA Residential 55-A-165 Valley Mill Farm, LC 8705 C Street, Chesapeake Beach, VA 20732 RA Agricultural 55-A-165D Valley Mill Farm, LC 8705 C Street, Chesapeake Beach, VA 20732 RA Agricultural 55-A-168A Brian Scott Williams 2718 Berr7ille Pike, Winchester, VA 22603 RA Residential 55-A-169 Myron L. & Lorie M. Ace 11240 Cleveland Avenue, Ft. Myers, FL. 33907 RA Retail & Services 55-A-170 David Bragg P.O. Box 174, Clearbrook, VA 22624 RA Residential 55-A-171 Three Way Partnership 504 Eagle Place, Winchester, VA 22601 RA Residential 55-A-172 William C. Whitmore, Jr. Etals P.O. Box 550, Purcellville, VA 20134 RA Residential 55-A-174C Blue Ridge Associates 2432 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-146 William D. Alexander 2663 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-147 William A: & Maria H. Balling 111 Burnt Factory Road, Ste henson, VA 22656 RA Residential 55-A-159 Thomas R. Baggerly, Sr. 8904 Telford Court, Bristow, VA 2013,6 RA Residential 55-A-160 William W. & Ruby Lee Beck 2851 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-174 Phyllis B. Holtkamp Etals C/O John Bradfield 8225 Cambourne Court, Gaithersburg, MD 20877 RA Agricultural 55-4-1B Joseph D. & Amy H. Sowers 111 Edd s Lane, Winchester, VA 22602 RA Residential 0 0 • 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, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name)Denver. Ouinnelly Carriage Place, LLC (Phone) 540-662-7160 (Address)_ 22A Ricketts Drive, Winchester VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No.21857 & 21858 on Page , and is described as Parcels: 55-A-174A, 174D, 161, 166, 167, 165A, 174B, 167A, 168 Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: Name)John Callow, Chuck Maddox, Patrick Sowers, Clay Athey, PHRA Phone: 540-667-2139 (Address)117 E. Piccadilly Street, Suite 200, Winchester, VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: X Rezoning (including proffers) Conditional Use Permits X Master Development Plan (Preliminary and Final) X Subdivision X Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authc modified. In witness Signature(s) ign shall exp _: 3)'tate of Virginia, City/get of I, year from the day it is signed, or until it is otherwise rescinded or l d-_e- my (our) hand and seal this _day of Ay i To -wit: r « Notary Public�Ij aforesaid, certify that the person(s) who signed to the foregoing instrument personally app� ��,T6� and has acknowledged the same before me in the jurisdiction aforesaid this _ day of ,.20 i = « ��i%e Jaimmy 2006 • Carriage Park V. SURVEY PLAT & DE E D \2 10, 10 % 55-((A))-174A VA 55-((A))- 1741) S 6 1 55-((A))-174A 55-((A))-167A 55- ((A)) -166 LINE TABLE CURME TABLE 51 55-f(M)-165A AREA ZONED RA: 30.26 ACRES AREA ZONED MH1: 15.18 ACRES TOTAL AREA: 45.44 ACRES 55-((A)) --v! '*'s ROUTE 65 IV"AT, ALLEYMILL ROAD9 Q) CGrrl'Gge Park Patton, Harris, Rust & Associates, pc IZ) , W ZONING BOUNDARIES 117 E. Picadilly St. Winchester, Virginia 22601 Cb 1:Z) VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY WRGlIV14 VICINITY MAP SCALE: 1" = 1,500' AREA TABULATION: OWNER TABULATION: PARCEL ID AREA RECORDING REF CURRENT OWNER(S) 55— A —161 R 0.2709 AC. DB 968, PG 1064 BLUE RIDGE ASSOCIATES 55—((A))-165A 3.3439 AC DB 968 PG 1064 BLUE RIDGE ASSOCIATES 55—((A))-166 6,5655 AC DB 968 PG 1064 BLUE RIDGE ASSOCIATES 55 _((A)),167 2.2610 AC. DB 968, PG 1064 BLUE RIDGE ASSOCIATES 55—((A))-167A 5.0531 AC. INST #030003917 BLUE RIDGE ASSOCIATES 5�(A —168 __ 0.2602 AC. INST #030022941 BLUE RIDGE ASSOCIATES 55—((A))-174A 18.5017 AC. DB 968, PG 1064, BLUE RIDGE ASSOCIATSS INST #050020490 & INST #050020491 55—((A))-1748 4.7592 AC. DS 968, PG 1064 BLUE RIDGE ASSOCIATES 55—((A))-174D 4.4271 AC. DB 495, PG 51 & JERRY L. & INST #050020489 WINIFRED D. UPDYKE TOTAL AREA 45.4426 AC. (THIS SURVEY) LEGEND: ALL AREAS: AS NOW SURVEYED INST # INSTRUMENT NUMBER DB DEED BOOK PG PAGE pF HPB HIGHWAY PLAT BOOK ��Z,TH AC ACRES IRF IRON ROD FOUND C1 I� IPF IRON PIPE FOUND U ° IRON ROD SET (UNLESS OTHERWISE NOTED) CORY M. HAYNES v MON MONUMENT No. 2539 N/F NOW OR FORMERLY R `»/OS R/W RIGHT OFNWAY VDOT VIRGINIA DEPARTMENT OF TRANSPORTATION DRN DRAINAGE SAN SEW SANITARY SEWER ESMT EASEMENT UTILITY POLE SURVEYOR'S CERTIFICATION: (5) SANITARY SEWER MANHOLE I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COb!:lONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS SURVEY ARE THE SAME PROPERTIES CONVEYED TO JERRY L. & WINIFRED D. UPDYKE BY DEED RECORDED IN DB 495, PG 51 (ADJUSTED BY BOUNDARY LINE ADJUSTMENT RECORDED AT INST #050020489) AND TO BLUE RIDGE ASSOCIATES BY DEEDS RECORDED IN DB 968, PG 1064, INST #030003917 AND INST #030022941 (ADJUSTED BY BOUNDARY LINE ADJUSTMENTS RECORDED AT INST #050020490 AND INST #050020491) AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGE ASSOCIATES AND JERRY L & WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 8, 2005 SCALE: AS SHOWN DATE: AUG. 26. 2005 Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 PH"A- Winchester, Virginia 22601 T 540.667.2139 F 540.665.04930493 CUR ABLE CURVE*8,0 LENGTH TANGENT BEARING CHORD DELTA C1306.07' 153,60' S60'14'58"E 305.51' 12'01'56" C251.26' C342.00' 67.17' 21.08' S07'09'13"W S86'34'39"W 38.34' 4t.92' 146'50'18" 12'00'33" C4396. C5 325.77' 77' 117.60' 218.98' S9.45' S62'30'16"W S22'05'07"W 378.98' 116.96' 60'09'20" 20'40'58" C6 348.63' 139.48' 70.68 S23'12'19"W 138.55' 22'55'21" C7 389.50' 77.82' 39.04' S40'23'26"W 77.69' 11'26'53" C8 1407.34' 152.80' 76.48' S55'58'13'E 152.73' 6'13'15" C9 1407.34' 314.51' 157.91' S65'28'59"E 313.86' 12'48'16" TITLE REPORT REVIEW: EXCEPTIONS listed in Schedule B — Section 2 of the Lawyers Title Insurance Corporation Case No. TC05-1080 & TC05-1081 with an effective date of 08/01/05 at 2:00 PM and received by PHR+A on 09/08/05 are addressed by item number as follows: 1. None of which the surveyor. has been advised, except as may be shown on the survey. AS TO ALL TRACTS: 2. Not a survey matter. 3. See survey. 4.-7. Not survey matters. AS TO TRACT ONE ONLY (PARCEL 174D): 8. R/W to Potomac Edison Co., DB 344, PG 248 — Does not affect Parcel 174D. 9. R/W to C&P Telephone Co., DB 182, PG 308 — Parcel 174D is subject to this esmt. Location is not determined. 10. R/W to FCSA, DB 693, PG 204 — Does not affect Parcel 174D (but does affect Parcel 174A — see survey). AS TO TRACT TWO ONLY (PARCELS 161, 165A, 166, 167, 167A, 168, 174A & 174B): 11. Esmt to C&P Telephone Co., DB 806, PG 1596 — Does not affect. AS TO TRACT TWO, PARCELS 2-9 ONLY (PARCELS 161, 165A, 166, 167, 167A, 168 & 1748): 12. Exact acreage or square footage of land described in Schedule A — as shown on survey. AS TO TRACT TWO, PARCEL 2 ONLY (PARCEL 167A): 13. Matters on plat by Lee A. Ebert, C.L.S., DB 459, PG 197 — 12' R/W — shown on survey (also see note 9). 14. Matters on plat by David M. Furstenau, L.S., DB 938, PG 1505 — Powerline — shown on survey (other items not determined by this survey). AS TO TRACT TWO, PARCEL 4 ONLY (PARCEL 165A): 15. Matters on plot by Lee A. Ebert, C.L.S., DB 443, PG 188 — Abrams Creek — shown on survey. AS TO TRACT TWO, PARCEL 5 ONLY (PARCEL 166): 16. Matters on plot by Lee A. Ebert, C.L.S., DB 280. PG 658-659 — 12' R/W — shown on survey, Abrams Creek relocated (VDOT Project No. 0007-034-101, C-501, PE-101, RW-201). See new location on sheet 4 of survey. AS TO TRACT TWO, PARCEL 6 ONLY (PARCEL 174B): 17. Matters on plot by Lee A. Ebert, C.L.S., DB 432, PG 263-264 — Abrams Creek — shown on survey. AS TO TRACT TWO, PARCEL 7 ONLY (PART OF PARCEL 167A): 18. Matters on plat by Lee A. Ebert, C.L.S., DB 284, PG 515 — see note 10. AS TO TRACT TWO, PARCEL 8 ONLY (PARCEL 167): 19. Matters on plat by Lee A. Ebert, C.L.S., DB 292, PG 412 — see note 9. LT H CORY M. HAYNES 9 No. 2539 q/8 Jos �qND ��p4 NOTES: TABLE LINE I BEARING I LENGTH 1. FREDERICK COUNTY TAX MAP REFERENCES: 55—((A))—PARCELS 161, 165A, 166. 167, 167A, 168 174A, 174B AND 176D. 2. PARCELS 174A & 174D (AND ADJOINING PARCELS 174C & 174E) DEPICTED HEREIN ARE BASED ON THOSE CERTAIN THREE (3) BOUNDARY LINE ADJUSTMENT PLATS PREPARED BY PHR+A, DATED APRIL 20, 2005, UPDATED JULY 7, 2005, RECORDED AT INST No.'s 050020489, 050020490 & 050020491 AND PURSUANT TO A CURRENT FIELD RUN SURVEY. 3. PARCELS 161, 165A, 166, 167. 167A, 168 & 174B DEPICTED HEREIN ARE DERIVED FROM A CURRENT FIELD RUN SURVEY (DATE OF LAST FIELD INSPECTION = AUG. 26, 2005) PURSUANT TO RECORD INFORMATION; REFERENCE THE HEREIN LISTED INSTRUMENTS RECORDED AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA AND THE FREDERICK COUNTY TAX ASSESSMENT RECORDS. 4. CURRENT ZONING: RA AND MH1 (SEE SURVEY). 5. BASIS OF MERIDIAN SHOWN HEREIN IS A FIELD RUN CPS SURVEY CONDUCTED BY THIS FIRM WHICH TIES THIS PROJECT TO NAD 83, VIRGINIA STATE PLANE (NORTH ZONE) DATUM. 6. THE LOCATION OR EXISTENCE OF UNDERGROUND UTILITIES, HAZARDOUS MATERIALS, ENVIRONMENTALLY SENSITIVE OR DAMAGED AREAS OR WETLANDS (IF ANY) IS NOT DETERMINED BY THIS SURVEY. 7. ADJOINING PROPERTY INFORMATION SHOWN HEREIN IS DERIVED FROM INFORMATION OBTAINED FROM THE FREDERICK COUNTY MAPPING SERVICE (INTERNET WEBSITE gis.co.frederick.va.us) JUNE, 2005. 8. BASED ON THE HEREIN REFERENCED FIELD SURVEY, UNLESS OTHERWISE SHOWN, THERE ARE NO APPARENT GAPS, GORES OR OVERLAPS OF WHICH THE SURVEYOR HAS ASCERTAINED OR BEEN ADVISED. 9. REFERENCE PARCEL 167; DB 968. PG 1064 AND DB 491, PG 284 APPARENTLY OMIT A LESS AND EXCEPT REFERENCE TO DB 459, PG 197 (PART OF DB 292, PG 410) WHICH CONVEYED A PORTION OF PARCEL 167 INTO PARCEL 167A. 10. REFERENCE PARCEL 167A; THE 0.66 ACRE PARCEL DESCRIBED IN DB 284, PG 513 IS NOW PART OF (CONTAINED WHOLLY WITHIN) PARCEL 167A. 11. REFERENCE PARCEL 168; INST #030022941 (PARCEL 2, TAX MAP 55—A-168) APPARENTLY OMITS A LESS AND EXCEPT REFERENCE TO THE PLAT OF DIVISION RECORDED IN DB 520. PG 864. CURRENT PARCEL 168 IS IDENTIFIED AS "PARCEL B, 0.260 ACRES" ON SAID PLAT OF DIVISION. BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGE ASSOCIATES AND JERRY L & WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 8, 2005 SCALE: AS SHOWN DATE: AUG. 26, 2005 Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667,2139 F 540.665.0493 i Z GRAPHIC SCALE l 0 150 300 600 1 inch = 300 fi N \NAPSjP�� UNO E 1740 S0�IATES 5/ NPo a} CC Wk))/ AS 41 �E R1p °5DD 1 / F 6� irjS�ZoNED --�\ / Ao✓VSTEo --� (SEE NOTE Zf -� -- 55-((A))-1-74A -FAO✓VSTED / (S )) TE 2� 55-(( A -174D ZONED: MH1 _ZONED: �MH1_ ZON -D RA — 1 �AD✓VSTED \ i\ 55-((A))-174A t AO✓VSTED �iA)) (SEE NOTE 2J I-170 0 _\ BZ UE RzgCE � �— S.SOC/A TES � _ ti ?B� �90, PC 655 ZONED: RA = ZO ED• --�_ `�-55�(A))-1671 CO -� 1 I 1 55-((A)) 167A , 1 �_ ZONED: \ A i ' 55-((A))7166 , t ` ZONED: A n Y IL 55-((AJJ-165 N/F l7AZZEY M/ZZ FARM, Z. C. 11VST. Z010001.r62 /NST. ZOI0002974 ZONED.• RA STATE ROUT VALLEY MILL NOTE: SHEET NUMBERS ARE LOCATED IN, THE UPPER RIGHT CORNER OF EACH SCREENED OUTLINE. \ PARCEL 161 = SHEET 4 1 PARCEL 165A = SHEET 5 PARCEL 166 = SHEET 5 PARCEL 167 = SHEET 6 PARCEL 167A = SHEET 6 PARCEL 174A=SHEET SHEET67, 8 & 9 0���5' LTH C� r G PARCEL 1748 =SHEET 4 PARCEL 174D = SHEET 7 o '? v CORY M. HAYNES a No. 2539 0,1610S tia'l'D SURN��a�" ,4 '-((A))-1651 'Q ZONED: RA 55-((A,� -161 ZONED RA 55-((A))-1748 ZONED: RA , 659\ �\ ROAD�m° a��hlj�0^ BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGENDASSOCIATES JERRY L & WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT ! FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 8, 2005 SCALE: 1" = 300' DATE: AUG. 26 2005 Patton Harris Rust 8, Associates,pc Engineers. Surveyors. Planners. Landscape Architects. /� 117 East Piccadilly Street, Suite 200 + \Winchester, Virginia 22601 i T 540.667.2139 Pi4 F 540.665.0493 SHEET 3 OF h 111211 �- rn to w c� z0- O 70 O � 0 \ O I � \ �oN�09JJ\76 v m Fp. qc 7 0 6 97' e Rq BSTq 00 v 80CY) F z � s (�Ry►9R�U m S4, Div <<F mac) J � A o F s� 41 G� COMMO WZ-AL rH 41011, OF 01ROINIA REMAINDER OF z OB .345, PC 29 � N O SAN SEW ESMT HPB 5, PC 252 3 J g a (,SEE SHEET 3J DB 580, PG 338 N C2� a0 M w 0 158.67' 55-(CA))-174B , �—�— a7.25_04„W�C3 �t — W 4.7592 AC c4 o ZONED: RA y In / C'4 � , I'll EDGE OF PAVEMENT z 0 z Os / w Z3 o hoi 0r) z �,• 00 ;h 00 �� OJT z CAN 1-4 Q w v h,Q' Q � P+Z,T H�op - a0 oo-t O� Gr Q O Z CORY M. HAYNES a z Zt No. 2539 00, w I: CV d� I N� (0 r /V� z BOUNDARY SURVEY CERTAIN PROPERTIES OF a h� BLUE RIDGE ASSOCIATES ham• AND JERRY L & WINIFRED D. UPDYKE ��� \� 0) RED BUD MAGISTERIAL DISTRICT Z FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 8, 2005 SCALE: 1' = 100' DATE: AUG. 26, 2005 V^ / GRAPHIC SCALE Patton Harris Rust 8 Associates,pc Engineers. Surveyors. Planners. Landscape Architects. a so too Zoa 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Hp][,ZA T 540.667.2139 pQG 1 inch = 100 ft_ F 540 665 0493 SHEET 4 OF 9 / IPF—�� �511'1�w — 4A IPF 174A / a �^ �h \ / VIRGINIA STATE PLANE NORTH 167 NAD 83 \ IRIF �' \ \ ^O 167A 2 IPF ems., A6. oho \ 6 ` w ,� �s�, OAF N \55-((A))-166 6.5655 AC L12 ZONED: RA � L11 �2•�' 55-((A))-165A \ L10 °ee s9o'�ATF 3.3439 AC ZONED: RA \ 78O 4C R Qr` ABRAMS CREEK IV SO4'31'18•'W L1 O� QJ�G/e 166.36' 43 ,Om 0 Q" �1 174E L9 PI,T H 0p Gf,� 161 CA COMMONWEAL 7H OF !i/RG/N/A BOUNDARY SURVEY CORY M. HAYNES 9 REMA/NOER OF CERTAIN PROPERTIES No. 2539 09 J45• PG 28 BLUE RIDGE ASSOCIATES AND -1 oS hPB 5, >a PG 252 JERRY L do VVINIFRED D. UPDYKE (SEE SHEET ,�j RED BUD MAGISTERIAL DISTRICT pp FREDERICK COUNTY, VIRGINIA �9'rL UPDATED: 5[J[jV O4 SCALE: 1" = 100'DATE:r AUG.26, 2005 Patton Harris Rust & Associates,pc GRAPHIC SCALE Engineers. Surveyors. Planners. Landscape Architects. o so ioo ioo East Piccadilly Suite 200 Winchester, Virginia 2260 Winchester, rginia 22601 Pf T 540.667.2139 1 inch = 100 [t i F 540.665.0493 SHEET 5 OF 9 1 55-�r'AJJ->74E Vz' pLU8.98'A68OB 990, PG 955� 0� NED' —, 7o1aaa9 Ln18•oN ESMw4� ?G 669A o10 O 774A �t ^10 (O I 00 1 S32'34'20"W to IPF 135.05, N IPF 535'17'48.,W zos.os' 55—((A))-167 IPF 2.2610 AC ZONED: RA 'S48 46, J O P � � w Q< Z U aN'V 55—((A))-167A 5.0531 AC ZONED: RA -a \ I W �W IPF f W j N4 `S9 b8 S of 3 226'81' f N >- LW 166 m Q Dgc BPR IVgTE R// 03 D8 459P 19 6 N37• 18 E a G�ti�P PLm H o"*- CORY M. HAYNES 5- No. 2539 GRAPHIC SCALE a 50 too 200 "O!!!� 1 inch = 100 ft. °t18)0& J, 0'� SURN � BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGE ASSOCIATES AND JERRY L & WINIFRED D. UPDYKE C RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 8, 2005 SCALE: 1" = 100' DATE: AUG. 26. 2005 Patton Harris Rust 8 Associates,pc Engineers. Surveyors. Planners. Landscape Architects, A 117 East Piccadilly Street, Suite 200 Pi4 + / \ Winchester, Virginia 22601 `1 11 T 540,665.2139 0493 F 540.665.0493 3 0 04 0 z m 0 v In 0 174C 174E o ---,S76�46 48 z E 460.' � 16 _ Z Z N N CC) w ,C) 2 d "O o0 w InVI p Q z w W V) I (0 - ^ N' N Q z ADJUSTED NIo 3 (SEE NOTE 2) NN Z N 'tI ^ 55—((A))-174D CN Irn 4.4271 AC o It.ZONED: MH1 O tip. , ,7 ham. 174A c-y SCALE: 1" = 1000' _ _S84.17'10"E _ �F 320.55' s� F /ADJUSTED (SEE NOTE 2) W 55—((A))-174A r / 18.5017 AC i w / ZONED: MH1 & RA / w to l --z'�Q / 7 p,LT H OP w z O' � Gf zc� 2 CORY M. HAYNES a No. 2539 g I IS /o S #o1Q1oo RP BOUNDARY SURVEY 0E CERTAIN PROPERTIES OF i �IF 10 �� BLUE RIDGE ASSOCIATES 1 AND N74•ij 2s W JERRY L do WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT 769E 7 FREDERICK COUNTY, VIRGINIA 30" K UPDATED: SEPT. 8, 2005 OA SCALE: 1' = 100' DATE: AUG. 26, 2005 Patton Harris Rust & Associates,pc GRAPHIC SCALE Engineers. Surveyors. Planners. Landscape Architects. 0 50 100 200 Pk- Winchester,East Piccadilly Street, Suite 200 Virginia 22601 T 540.667.2139 1 inch = 100 ft. F 540.665.0493 SHEET 7 OF I _;'6. 6' 8"f 3g6. S5 I ADJUSTED (SEE NOTE 2) I 55-((A))-174A 18.5017 AC ZONED: MH1 & RA I 3 CC)I �n N I �la O N z O H (I w `DUI oo No J§I-o I 'oN a C-4 w X < �I al�z`D o wam o� aovlo Z I I 104•�1'26 tv� 469. ;g GRAPHIC SCALE 0 50 100 200 1 inch = 100 ft. 1740 174E I I I 74A / SCALE: 1" = 1000' D- 0 z 29N] a (� H II In r\ 174A w w 0 w A},T H OF U CORY M. HAYNES 9 = No. 2539 Q 44Z) j- SUa�'3 00 0 a z BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGE ASSOCIATES AND JERRY L do WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. B, 2005 SCALE: 1" = 100' DATE: AUG. 26, 2005 Patton Harris .Rust & Associates PC Engineers. Surveyors. Planners. Landscape Architects. �+ /A\ 117 East Piccadilly Street, Suite 200 p .L `l i Winchester, Virginia 22601 H T 540.667.2139 F 540.665.0493 cuccT R nr 0 /6e IRF IPF 77.98 IPF $56 , 7 34 e >67 S72'05'58"E 158.05' IPF / ADJUSTED L jI(SEE NOTE 2) o 1 55—((A))-174A N WlQI 18.5017 AC /3 �� ir ZONED: MH1 & RA�� V N Lo o �L� Q� �I 1674 3 / j�1 O o- / ti �4� O I in _ Q IPF tI W W Z Z O O N N 1 J 1Ul NO Qr ZO N ? O ZNrn N rn 1740 N N m0 CJ+ 1 o0J'P:.. m L1166 =C:) rj cv 1 IPF / �S53 24'2,5 ; c 28 8 7 F r LL- 21 IRF v V. �• y 10 74A SCALE: 1" = 1000' are' p,Z,T H 0�, Lj�A CORY M. HAYNES 9 No2539 I �B�oS a GRAPHIC SCALE zoa lq�SURVo� 1 inch = 100 ft. \BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGE ASSOCIATES AND JERRY L & WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, MRGINIA UPDATED: SEPT. 8, 2005 SCALE: 1" = 100' DATE: AUG. 26, 2005 Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. Pk- IF� Winchester, East Piccadilly Street, Suite 200 t Winchester, Virginia 22601 � T 540.667.2139 r 540.665.0493 SHEET 9 OF 9 "- AD 4 REZONING APPLICATION 412-06 CARRIAGE PARK Staff Report for the Planning Commission Prepared: October 17, 2006 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be usefid 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: November 1, 2006 Pending Board of Supervisors: December 13, 2006 Pending PROPOSAL: To rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for 165 attached and detached homes. LOCATION: The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D PROPERTY ZONING: RA (Rural Areas) District and MH1 (Mobile Home Community) District PRESENT USE: Mobile Home Community, residential, and vacant. ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential and Agricultural East: RA (Rural Areas) Use: Residential West: MH1 (Mobile Home Community) Use: Mobile Home Community PROPOSED USES: 165 attached and detached single family homes. 0 0 Rezoning 412-06 — Carriage Place October 17, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: I have reviewed your proffer statement dated August 10, 2006 and offer the following comments: With the volume of traffic currently utilizing Route 7, existing access points and the additional traffic generated by this site, the Residency feels access to this site provided through the Valley Mill Connector with no direct cormection to Route 7 is needed. Item 12.7: The Residency suggests the wording be clarified on this proffer to reflect construction within 180 days of written request by VDOT. We feel this would ensure the installation of the traffic signal based on traffic conditions. Item 12.11: Residency suggests more flexibility should be provided to the County to meet overall transportation needs in this area of the County. The applicant has been open to addressing the needs of the transportation issues arising from this proposed development. However, we are concerned that within the context of the proffers, the desire of the Residency and County to connect this subdivision to Route 7 via the Valley Mill Road Relocation, while mentioned, it does not appear to be a priority. The application is requesting full build -out regardless of completing the cormection to Valley Mill Road. Please see attached revised comments dated September 29, 2006 front Mr. Lloyd Ingram. Fire Marshal: Municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Greenwood Volunteer Fire Company: OK. Note: Area Fire & Rescue Company is Greenwood Volunteer Fire & Rescue Co. Why no access off of Valley Mill Road? Public Works Department: Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer to Site Suitability: The table summarizing environmental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys, it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies furnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions". Actually, the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross -over at the intersection of Valley Mill Road and Route 7 is not adequate to accommodate the U-turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to ensure that these intersection improvements will be made prior to initiating construction on this site. 4. Refer to Site Drainage: The discussion indicates that low impact development teel-miques....will mitigate adverse stormwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that "consideration of curbside pick-up would be an • 9 Rezoning # 12-06 — Carriage Place October 17, 2006 Page 3 improvement to solid waste issues associated with increased dumpster use in the County". This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore, any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option; rather it will be a requirement. This statement should be corrected accordingly and revised in the Proffer Statement, Paragraph 9.2 iii (Delete "if they decide to use a commercial collection company.") 6. Refer to Proffer Statement, paragraph 12.1: The statement indicates that the applicant shall privately field all transportation improvements required of this project. Indicate if this offer extends to improvements at/on the Route 7 intersection related to Valley Mill Road or possibly Haggerty Drive. Frederick County Inspections: No comment required at this time. Frederick -Winchester Service Authority: The first item of concern is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate way of measuring wastewater flows. We would like to see more detail relative to the desigi-dconstruction of such a submeter if it would be acceptable. Sanitation Authority: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this development. The eight -inch water line through Blue Ridge Mobile Home Park might not provide the added demands of this project's 165 units. The developer will probably need to extend the water line on Valley Mill Road and connect it to this project. Frederick -Winchester Health Department: The Health Department has no objection as long as sufficient public water and sewer service can be provided. Department of Parks & Recreation: Plan appears to offer appropriate monetary proffer to offset this development will have on the parks and recreational services provided by Frederick County. It is assumed that recreational and open space requirements will be addressed in fixture plans to be reviewed. The Parks and Recreation Department would also like to see a detailed pedestrian/bicycle trails plan which offers an internal network and provides cormection to existing and future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. Rezoning #12-06 — Carriage Place October 17, 2006 Page 4 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. However, residents in this area could experience fly over noise from aircraft arriving and departing the Winchester Airport from the northeast. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. While the Generalized Development Plan contains few details, nevertheless the proffer statement should include a proffer that provides that development shall occur in substantial conformity with the Generalized Development Plan. 2. hi Proffer 1.1 it is provided that the residential development shall not exceed 165 dwelling units. However, the GDP provides for a total of only 161 dwelling units. 3. The staff should determine whether the Site Access Point, the Interparcel Connection Point, and the Emergency Access Point are located with sufficient detail on the GDPA. With respect to Proffer 12.3, the staff should determine whether the interparcel connector location is appropriate, given any existing or planned streets on the adjoining parcel. 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: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of June 20, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Surveyport and the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made three recommendations which included: • Protect natural vegetation along Rt. 7 and Valley Mill Rd. to the greatest extent possible. • The backyard of the single family lots abutting the historical Stafford property need a vegetative protection buffer. • Install a roadside interpretive site which the HRAB decided would be more useful along Valley Mill Rd. as compared to placing it along Rt. 7. These recommendations made by the HRAB were addressed at the August 15, 2006 meeting. The HRAB felt that the rezoning application had thoroughly addressed their comments and recommended that this proposal move forward since there were no further issues. Planninjz Department: Please see attached letter dated August 3, 2006 from Eric R. Laivrence, Planning Director. Rezoning #12-06 — Carriage Place October 17, 2006 Page 5 PlanninjZ & ZoninjZ: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcels for which the rezoning is being requested as being zoned a combination of A-1 Agricultural and MH Mobile Home zoning classifications. 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 properties and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. The Mobile Home designation encompasses the original boundaries of the Blue Ridge Mobile Home Park. The most recent Site Plan for the development of the remaining areas of the Blue Ridge Mobile Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line Adjustment Plat was approved by the County that reorganized the parcels that make up this rezoning request. Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-174A maintained the RA zoning classification. Parcels 55-A-168 and 55-A-174D maintained the MH1 zoning classification. Parcel 55-A-174A contains both the MH1 and RA zoning classification. The approval of this rezoning request would place all of the properties entirely into the RP 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. I -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 map designates the general area in which the Carriage Place property is located for residential land uses. The average overall residential density of the Urban Development Area should not exceed three units per acre. More specifically, the Zoning Ordinance stipulates that properties which contain less than one hundred acres but more than ten acres should not exceed 5.5 units per acre. Rezoning #12-06 — Carriage Place October 17, 2006 Page 6 With the more urban densities envisioned for development in the UDA, the Comprehensive Plan seeks to ensure that special effort is made to provide the infrastructure necessary to accommodate the desired land uses and densities. As land is developed in the eastern portion of the Urban Development Area, the Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The goals of the Comprehensive Plan also include protecting the natural environment from damage due to development activity, avoiding development in environmentally sensitive areas, and the identification and protection of important natural resources. A balanced approach to providing necessary transportation infrastructure in the area of the project and promoting the protection of sensitive enviromlental areas and features is warranted. Transportation The Frederick County Eastern Road Plan provides the 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 (Comprehensh e Plan 7-6). Route 7 is an arterial road whose character should be frilly recognized in any rezoning application. Route 7 is characterized with high volumes of traffic traveling at rates of speed in excess of 55 miles per hour. Access management should be a key consideration. Valley Mill Road is identified as an improved major collector road in the County's Eastern Road Plan. In addition, Valley Mill Road is shown as being relocated to a new location and alignment. In 2005, modifications to the County's Eastern Road Plan occurred in the vicinity of this project. The modifications were completed in recognition of the changing traffic patterns in the area, the recently approved Haggerty project which provided for a new Spine Road parallel to fixture Route 37, and the need to avoid the historically and environmentally sensitive areas in the vicinity of the one lane bridge over Abrams Creek. Valley Mill Road is designated as a major collector road that traverses south of its existing location, providing a new crossing of Abram's Creek, and connecting with the Haggerty Spine Road in the vicinity of future Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the fixture on and off ramps of fixture Route 37. This location is immediately west of the Opequon Wastewater Treatment Facility. This approach furthers access management goals along Route 7. New development in the Urban Development Area should only be approved when roads and other infrastructure with sufficient capacity have been provided. The Comprehensive Plan identifies that a level of service "C" should be maintained on roads adjacent to and within new Rezoning #12-06 — Carriage Place October 17, 2006 Page 7 developments and that traffic analysis should be provided by the applicants to ensure that needed road improvements are identified in order to maintain or improve upon the level of service. In some cases, new development may need to contribute to the provision, construction, or improvement of roads that are not adjacent to the development. In such cases, developments should contribute their fair share costs of road improvements needed to accommodate the traffic generated by a particular development. 3) Site Suitability/Environment The Carriage Place site has been identified as a site typical of the Martinsburg Shale Region with steeply eroded side slopes and reasonably level plain areas. This is an accurate identification that presents challenges when planning the development program for this property. Ash Hollow Run parallels Route 7 along the entire frontage of the property. Abram's Creek forms a portion of the eastern boundary of the property. A pond is located central to the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and may also provide an opportunity for enhanced protection of the riparian corridor. The site is predominantly heavily wooded. The area of this site in floodplain, wetlands, ponds, streams and steep slopes has not been entirely identified in the application. By current County definition, this project contains relatively small areas of steep slopes. The Comprehensive Plan identifies the preservation of the stream valleys as environmental open space as an important goal that contributes to the protection of flood plains and water quality and provides a continuous system of green open space. The application proposes development of a greater intensity in the reasonably level wooded areas and offers areas that will be set aside for environmental and open space purposes. However, the revised road layout proposes access to the site from Valley Mill Road via a new crossing of Abram's Creek and its associated floodplain, in an area that contains the steepest slopes on the property. Protection of the integrity of the pond, environmental open spaces, and the riparian areas along Abram's Creek and Ash Hollow Run, especially during the construction phases, should be a greater consideration of this application and as part of the proffer statement. The Applicant has provided for a 15 foot no cut vegetative buffer along the southern portion of the project boundary with Valley Mill Farm as shown on the GDP. Current County Ordinance presently enables a 50 foot woodland strip to be utilized as a desirable and effective alternative to typical buffer and screening standards. A portion of the proposed buffer shown on the GDP is shown in a location where no existing vegetation exists. It would be appropriate for the application to more thoroughly address the preservation of the wooded buffer areas and the location and composition of any new buffer areas. Rezoning 412-06 — Carriage Place October 17, 2006 Page 8 4) Potential Impacts A. Transportation Traffic Impact Analysis. A revised Traffic Impact Analysis (TIA) was prepared for this application on September 8, 2006 which projects that the development of 165 residential units (53 single family detached and 94 single family attached residential units) would generate 1,348 vehicle trips per day. The report was developed with access to the project being provided via a single site driveway onto existing Valley Mill Road, Route 659, immediately south of Valley Mill Road's intersection with Route 7. The TIA concludes that the traffic impacts associated with the Carriage Park application are acceptable and manageable, assuming suggested improvements are in place. Suggested improvements include the signalization of the intersection of Valley Mill Road and Route 7. The TIA identifies that this intersection will function at an unacceptable level of service without the suggested improvements. Transportation Program. The Generalized Development Plan for Carriage Place delineates the general public road systems that will serve the residential development. Previously, the applicant designed the public road system with on site access to and from Carriage Park via Route 7. Establishment of a new entrance onto Route 7 is strongly discouraged. Due to significant concerns with this approach, the applicant redesigned the road system. The revised road system provides for primary access from existing Valley Mill Road, immediately south of its intersection with Route 7, and north of the existing one lane bridge crossing of Abrams Creek. The existing section of Valley Mill Road in this area is insufficient to accommodate the traffic from this, and adjacent projects, as is the existing intersection on Route 7. Improvements to this existing section of Valley Mill Road would be necessary and have been proffered to be completed by the applicant. However, the scope of the improvements has not been frilly defined. The impacts of any improvements on the existing residences in this immediate area should be evaluated. As noted previously, the Comprehensive Plan promotes an effort to erihance and relocate Valley Mill Road so that it serves as a major collector road. This enhancement will provide for a more efficient transportation network that also minimizes environ rental and cultural impacts. Valley Mill Road is designated as a major collector road that traverses south of its existing location, provides a new crossing of Abram's Creek, and connects with the Haggerty Spine Road in the vicinity of fixture Route 37. Ultimately, a connection will be made to Route 7 at the location previously determined as part of the Haggerty project, directly opposite the fixture on and off ramps of fixture Route 37. All efforts should be made to implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan, as the primary access route to the development. • 0 Rezoning #12-06 — Carriage Place October 17, 2006 Page 9 The Carriage Place application has proffered the signalization of the intersection of Valley Mill Road and Route 7 which is identified in the TIA as having unacceptable levels of service. If it is ultimately determined that the approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to the intersection of Valley Mill and Route 7 occur in a manner that frilly enables the implementation of the future signalization of the Route 37 southbound ramps, including vertical and horizontal designs. Further, should it be determined that the approach is acceptable, all improvements to enable the development and occupancy of the project should be completed at the outset of the project. The critical improvements to the intersection at Route 7 should be in place prior to the issuance of the first building permit for the project, rather than by the issuance of the 76°i building permit as proffered by the applicant. This approach to improvements to Route 7 would be consistent with other projects in the vicinity. As an alternative to implementing the construction of the road network identified in the Comprehensive Plan, the Applicant has proffered a monetary contribution to transportation improvements in the general area. The applicant has proffered a monetary contribution in the amount of $5,000 per single family detached residential unit and $3,000 per single family attached townhouse unit for improvements in the general vicinity of the project, including the connection from this project to Valley Mill Road to the south, and the relocation of Valley Mill Road. This proffer may generate up to $641,000 and may be used as matching funds by Frederick County. It should be evaluated whether these contributions are adequate to address the impacts generated by this rezoning request and will facilitate the long range transportation goals of the Comprehensive Plan. The road layout provides the potential for interparcel connection to the property to the south. An emergency access interparcel connection is proposed with the adjacent Blue Ridge Mobile Iome Park. However, this is proposed as a private connection. Inter -parcel cormectivity of the public street system is a requirement of the zoning Ordinance and should be extended to the Blue Ridge Mobile Home Park. Consideration should be given to enabling a public road connection to the Blue Ridge Mobile Home Park in the general location of the existing street network. Control of this access point should be at the discf•etion of the Board of Supef•visofs. Omitted from the transportation program are any additional accommodations for pedestrian circulation that would provide access internal to the project and ultimately to the adjacent residential developments. The comments offered by the Department of Parks and Recreation relating to this effort have not been addressed. In general, the general transportation program does not promote an approach thatficrthers the transportation goals of the Comprehensive Plan. Rezoning #12-06 — Carriage Place October 17, 2006 Page 10 B. Sewer and Water The Carriage Place rezoning proposal is estimated to require approximately 32,200 gallons per day of water usage and approximately 32,200 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. Recent planning efforts have identified that evolving nutrient seduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester ServiceAuthority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations arnd proactively plan to arlrlr-ess this issue. Requests for larnd case naollifacatioats should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Community Facilities The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The schools evaluation anticipates that the proposed 120 single family units will yield 11 high school students, nine middle school students and 25 elementary school students. The 90 townhouses will yield ten high school students, 11 middle school students, and 28 elementary school students for a total of 94 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the 11 °r elementary school opened in the fall of 2006 opened above its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build out and occupancy of previously approved residential projects in the UDA. The 12r1' elementary school has been identified in the current Capital Improvements Plan for this general area of the UDA. However, no site has been located or construction initiated to address the needs of additional students generated in this area of the UDA. 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 and $17,732 for single family attached residential dwellings. This application addresses community facility impacts and needs by proffering a payment in the amount of $23,290.00 for single family detached residential dwellings and $17,732 for single family attached residential dwellings to mitigate the impact to the identified community facilities. 0 Rezoning #12-06 — Carriage Place October 17, 2006 Page 11 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. For each single family detached unit: $720 for fire and rescue; $19,189 for schools: $2,136 for parks and recreation; $267 for library; $658 for public safety; and $320 for general P-overnment; $23,290 for capital improvements For each single family attached unit: $528 for fire and rescue; $14,618 for schools: $1,634 for parks and recreation; $204 for library; $503 for public safety; and $245 for Reneral vovernment; $17,732 for capital improvements No rezoning should be approved unless the net impacts on community facilities are positive, or if the negative impacts can be adequately addressed through proffers or some other means. A request for a rezoning may be turned down even though all fiscal impacts appear to be addressed (Comprehensive Plan 8-17). The comments relating to the impacts to the Frederick County Public Schools in this area of the Urban DevelopmentArea should be a significant consideration. 5) Proffer Statement — Dated January 25, 2006 and Revised February 2, 2006, May 23, 2006, June 28, 2006, August 10, 2006, and September 12, 2006. A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of street systems, residential land use areas, and open space areas within the Carriage Place development. The GDP may be utilized to a greater extent to address the sensitive environmental features on the property, the buffering of the adjacent residential uses, and the historic context of Berryville Canyon, among other things. B) Land Use The applicants have proffered to limit the total number of residential uses to 165 dwelling units. No more than 73 single family detached units and no more than 92 single family attached units may be constructed. Rezoning 412-06 — Carriage Place October 17, 2006 Page 12 The applicant has committed to a phased introduction of the residential units over a three year period with the potential for seventy five units per year. This phased approach specifies that the date of final rezoning would commence the phasing of the issuance of building permits. In reality, this approach does nothing to effectively phase the introduction of new residential units. The intent of phasing is to ensure a timed integration of new development in a manner that would enable the timely provision of the public facilities necessary to serve the new development. It may be more desirable to have the annual allocation occur on consecutive years following the approval of the master development plan for this project. This would be consistent with several other recently approved rezoning applications. Regardless of the phasing approach, the comments relating to the impacts to the Frederick County Public Schools in this area of the Urban Development Area should be recognized. The monetary contributions to address the impacts to Schools and Parks and Recreation should more appropriately be directed to be used by the County at their discretion to address the needs of the future residents of this project. The limitation that has been proffered which specifies the Red Bud Magisterial District may not be appropriate. Transportation The applicant has proffered the signalization of the intersection of Valley Mill Road and Route 7, and a monetary contribution in the amount of $5,000 per single family detached unlit and $3,000 per single family attached townhouse unit for transportation improvements in the vicinity of the project. Historic Resource Protection The applicant has proffered a $25,000 contribution to the County for purposes associated with security fencing at Star Fort. The proffered buffers along Route 7, Berryville Canyon, are not accurately reflected on the GDP. However, this concept and the buffer and screening of adjacent properties, including the historical Valley Mill Farm, should be addressed to a greater extent as part of this application. STAFF CONCLUSIONS FOR 09/20/06 PLANNING COMMISSION MEETING: The Carriage Place rezoning application, while generally consistent with future land use designations of the Comprehensive Plan, does not frilly address the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan. hn addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the transportation impacts, the environmental impacts, and the capacities and capabilities of community facilities needed to serve the proposed land uses. At this time, the road improvements identified in the Comprehensive Policy Plan are not frilly addressed in the application. • 0 Rezoning #12-06 — Carriage Place October 17, 2006 Page 13 Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. Followin,- the requirement for a public hearink, 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. January 2006 ! is Carriage Park I. APPLICATION REZONING APPLICATION CARRIAGE PARK AUGUST 2006 r.mp- or Patton, Harris, Rust & Associates, pc 117 E Fco* SL Wdm*, Wgk is 22601 VOICE: (540) 667-2139 FAX: (540) %5-M REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.- ,��, Fee Amount Paid $ Zoning Amendment Number Date Received , � b� PC Hearing Date i�t� - BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicants: Name: Patton Harris Rust & Associates Telephone: (540) 667.2139 Address: 117 East Piccadilly Street Winchester Virginia 22601 2. Property Owner (if different than above) Name: Carriage Place, LLC Telephone: 540.662.7160 Address: 22A Ricketts Drive Winchester, VA 22601 Winchester. Virginia 22601 3. Contact person(s) if other than above Name: Patrick Sowers Telephone: (540, 66� 7.2139 4. Checklist: Check the following items that have been included with this application. Location Map Plat Deed of property Verification of taxes paid j Agency Comments Fees Impact Analysis Statement Proffer Statement 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: Denver Quinnelly 6. A) Current Use of the Property: Mobile Home Park, Residential & Vacant B) Proposed Use of the Property: SF Detached & Attached 7. Adjoining Property: SEE ATTACHED. PARCEL ID NUMBER USE ZONING j8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). South & adjacent to Route 7 east & adjacent to Blue Ridge Mobile Home Park 2 Carriage Park Rezoning Application Adjoining Property Owners Tax ID # Name Address Zoning Use 55-A-162 Baylis Investments, LLC 2332,Middle Road, Winchester, VA 22601 RA Residential 55-A-163 Baylis Investments, LLC 2332 Middle Road, Winchester, VA 22601 RA Residential 55-A-164 Robert E. & Gladdie R. Carter 1560 Valley Mill Road, Winchester, VA 22602 RA Residential 55-A-165 Valley Na Farm, LC 8705 C Street, Chesapeake Beach, VA 20732 RA Agricultural 55-A-165D Valley Mill Farm, LC 8705 C Street, Chesapeake Beach, VA 20732 RA A ricultural 55-A-168A Brian Scott Williams 2718 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-169 Myron L. & Lorie M. Ace 11240 Cleveland Avenue, Ft. Myers, FL. 33907 RA Retail & Services 55-A-170 David Bragg P.O. Box 174, Clearbrook, VA 22624 RA Residential 55-A-171 Three Way Partnership 504 Eagle Place, Winchester, VA 22601 RA Residential 55-A-172 William C. Whitmore, Jr. Etals P.O. Box 550, Purcellville, VA 20134 RA Residential 55-A-174C Blue Ridge Associates 2432 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-146 William D. Alexander 2663 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-147 William A: & Maria H. Balling 111 Burnt Factory Road, Stephenson, VA 22656 RA Residential 55-A-159 Thomas R. Baggerly, Sr. 8904 Telford Court, Bristow, VA 20136 RA Residential 55-A-160 William W. & Ruby Lee Beck 2851 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-174 Phyllis B. Holtkamp Etals C/O Tohn Bradfield 8225 Cambourne Court, Gaithersburg, MD 20877 RA Agricultural 55-4-1B Toseph D. &Arny H. Sowers 111 Edd s Lane, Winchester, VA 22602 RA Residential ID In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 55-A-161, 55-A-165A, 55-A- 166, 55-A-167, 55-A-167A, 55-A-174A, 55-A-174B, 55-A- Districts Magisterial: Fire Service: Rescue Service: Red Bud Greenwood Greenwood High School: Middle School: Elementary School: James Wood JW Middle Red Bud 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 30.5230 RA RP 14.9196 MH-1 RP 45.4426 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 73 Townhome 92 Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Office Retail Restaurant Square Footage of Proposed Uses Service Station Manufacturing Flex - Warehouse Other 3 Frederick County, Virginia IMPACT ANALYSIS STATEMENT AND REZONING APPLICATION MATERIALS FOR REZONING REVIEW AND APPROVAL OF CARRIAGE PARK Red Bud Magisterial District August 2006 Prepared by: Patton Harris Rust & Associates, pc 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2139 Fax:540-665-0493 August 2006 Carriage Par1c Table of Contents I. Application Form II. Impact Analysis A. Site History and Project Background B. Location and Access C. Site Suitability D. Traffic E. Sewage Conveyance and Water Supply F. Site Drainage G. Solid Waste Disposal Facilities H. Historic Sites and Structures I. Impact on Community Facilities III. Proffer Statement IV. Agency Comments V. Survey Plat and Deed VI. Tax Ticket d) 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.ya.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name)Denver Quinnelly Carriage Place, LLC (Phone) 540-662-7160 (Address) 22A Ricketts Drive, Winchester VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No.21857 & 21858 on Page , and is described as Parcels: 55-A-174A, 174D, 161, 166, 167, 165A, 174B, 167A, 168 Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: Name)John Callow, Chuck Maddox, Patrick Sowers, Clay Athey, PHRA Phone: 540-667-2139 (Address)117 E. Piccadilly Street Suite 200 Winchester VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: X Rezoning (including proffers) Conditional Use Permits X Master Development Plan (Preliminary and Final) X Subdivision X Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorizati n shall exp modified. In witness there f (w h Signature(s) year from the day it is signed, or until it is otherwise rescinded or my (our) hand and seal this _day of t/ �ry g Y A-z i' ,To -wit: "t? .Mate of Virginia, Cit /C. of I'1C �... I, l_.) J� %5�-L%1C� �� �l Notary Public�i 0ae diction aforesaid, certify that the person(s) who signed to the foregoing instrument personally apptafpT6,sg �iie M i, and has acknowledged the same before me in the jurisdiction aforesaid this day of ,:200 (S 9 0 AMENDMENT Action: PLANNING COMMISSION: May 16, 2007 - Recommended Denial August 15, 2007 - Recommended Approval BOARD OF SUPERVISORS: August 22, 2007 Q APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 12-06 OF CARRIAGE PARK WHEREAS, Rezoning 912-06 of Carriage Park, submitted by Patton Harris Rust & Associates, to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 240 single family attached townhouses was heard. The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 16, 2007, and again on August 15, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 22, 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 confonnance 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 rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MHl (Mobile Home Community) District to RP District, totaling 45.44 acres, for up to 240 single family attached townhouses, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owners. PDRes 434-07 • This ordinance shall be in effect on the date of adoption. Passed this 22nd day of August, 2007 by the following recorded vote: Richard C. Shickle, Chairman Nay Barbara E. Van Osten Aye Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST Jolthi�/RileyFrck County Administrator PDRes. 434-07 Cavriage Park Proffer Statement PROPOSED PROFFER STATEMENT REZONING: RZ. # 1 -06 : RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) PROPERTY: 45.44 Acres +/-; Tax Map Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, 55-A-174D (the "Property") RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE Carriage Place, LLC Carriage Place, LLC Carriage Park OF PROFFERS: January 25, 2006 REVISION DATE(S): 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1/25/07; 3/20/07; 3/22/07; 5/9/07; 5/11/07 ; 5/14/07; 6/29/07; 7/17/07; 7/25/07; 7/30/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In die event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following d1e last day upon which the Frederick County Board of Supervisors (the "County") decision granting the rezoning may be contested in the appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of die County which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at die time of development of that portion of die Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, die "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Carriage Park" dated January 5, 2006, as revised on June 29, 2007 (the "GDP"). Page 1 of 7 Carriage Park Proffer Statement 1. LAND USE: 1.1 Residential development on the Property shall be limited to single family attached dwelling units and shall not exceed a inaxitnuin of 240 dwelling units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning ("DFR" ). The Applicant shall not make application for more than 75 building permits in any 12 month period. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $583.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $12,192.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS & RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sunn of $1,712.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $285.00 per dwelling unit for library purposes, payable upon the issuance of a building perinit for each single family attached unit. Page 2 of 7 9 • Carriage Park Proffer Statement 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the County of Frederick the sum of $513.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. 8. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building permit for each single family attached unit. 9. CREATION OF IIOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, including the use of a private refuse collection service to collect the solid waste generated by the residents, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to die HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 9.3 The Applicants hereby proffer to establish a start-up fund for die Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start-up funds for the CPHOA shall be made available for the purpose of maintenance of all improvements within die common open space areas, liability insurance, street light assessments, and property management and/or legal fees. Page 3 of 7 0 • Carniane Park. Proffer Statement 10. WATER & SEWER: 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority and the Frederick -Winchester Service Authority. 11. ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at die time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed by Applicant consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust & Associates, dated September 8, 2006 including addendum dated July 25, 2007 (the "TIA" 12.2 Access to the property shall be provided via a single entrance on Valley Mill Road in the location depicted on the GDP. Said entrance shall include improvements to die existing section of Valley Mill Road from the Route 7 intersection to the project entrance on Valley Mill Road as directed by VDOT. (See 1 on GDP) 12.3 The Applicant shall construct a traffic signal at the intersection of Valley Mill Road and Route 7 prior to issuance of the 50`h building permit or within 180 days of receiving written notice from VDOT after issuance of the 1" building permit. The Applicant shall design and construct extended turn lanes on eastbound and/or westbound Route 7 at the signalized entrance, if directed by VDOT. (See 2 on GDP) 12.4 The Applicant shall construct a public street connection from the proposed relocated Valley Mill Road to the boundary of the Blue Ridge Mobile Home Park in the general location depicted on the GDP. Said connection shall be constructed prior to issuance of the 100`h building permit. (See 3 on GDP) 12.5 The Applicant shall reserve the portion of the Property as depicted on die GDP for any future transportation improvements deemed needed by VDOT. Said reserved area shall be shown on the recorded deed of dedication to indicate that this area shall be available at no cost to Frederick County and/or VDOT should future transportation improvements be needed on this portion of the Property. The Applicant agrees to dedicate and convey to VDOT or the County such area in the reserved area as may be requested by VDOT or the County, within 30 days of the written request Page 4 of 7 Carnave Park Proffer Slalemeld from VDOT or the County. The identified reserved area shall be permitted to count towards the required open space for the Property. 12.6 The Applicant shall reserve the portion of the Property as depicted on the GDP for a future interpacel connection. Said reserved area shall be shown on the recorded deed of dedication to indicate that this area shall be available at no cost to Frederick County and/or VDOT. The Applicant agrees to dedicate and convey to VDOT or die County such area in the reserved area as may be requested by VDOT or die County, widen 30 days of the written request from VDOT or the County. The identified reserved area shall be permitted to count towards the required open space for the Property. (See 4 on GDP) 12.7 The Applicant shall construct a two lane public roadway to VDOT standards on a 60 foot right of way 117 the location depicted on the GDP. Direct lot access to said roadway shall be prohibited. 12.8 The Applicant shall contribute to the County of Frederick the sure of $3,000.00 per dwelling unit for transportation improvements in the general vicinity of the development, payable upon the issuance of a building permit for each unit. 13. HISTORIC RESOURCE PROTECTION 13.1 A minimum 100 foot buffer of natural vegetation shall be preserved south of VA Route 7 to die east of Abrams Creek. The Applicant shall preserve a natural vegetation buffer extending from VA Route 7 to 35 feet south of Ash Hollow Run west of Abrams Creek as shown on die GDP. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and the proposed collector road. Additionally, clearing within said preserve areas shall be permitted if directed by VDOT to provide adequate site distance. (See 5 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort prior to issuance of die 25'' building permit. 14. BUFFER 14.1 The Applicant shall install a double row of evergreen trees spaced no more than 10 feet apart that are a minimum 4 feet in height at time of planting within a 15 foot landscape easement in the location depicted on the GDP to minimize viewshed impacts to the adjacent property to die South. In areas where disturbance is avoided, die buffer shall be provided as a 15 foot "no cut" easement, thus prohibiting any disturbance, with no additional plantings requited. Page 5 of 7 0 0 Canzage Park Proffer Statement 15. BINDING EFFECT 15.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. 16. ESCALATOR CLAUSE 16.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of die approval of this rezoning, as applied for by die Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time dZe contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after tie approval of this rezoning to the most recently available CPI-U to die date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 0 Camaoe Park ProfferStateiaent Respec By: Tide: STATE OF VIRGINIA, AGE FREDERICK COUNTY, To-wi����� �SIN-L,, The foregoing instrument was acknowledged before me "sj day 'Z `� ; ,`p,�Y •, 6 of �( �_, 2007, by � nyQ �., CrY l in n n l u 1 O -W v = 2 Z �• ` O CC: z - My commission expires �/ 'v��` 0 Notary Public CO REG, ONP; Page 7 of 7 x � r AMENDMENT Action: PLANNING COMMISSION: May 16, 2007 - Recommended Denial August 15, 2007 - Recommended Approval BOARD OF SUPERVISORS: August 22, 2007 Q APPROVED ❑ DENIED AN ORDINANCE AMENDING �i011�- THE ZONING DISTRICT MAP. 4�o REZONING # 12-06 OF CARRIAGE PARK WHEREAS, Rezoning #12-06 of Carriage Park, submitted by Patton Harris Rust & Associates, to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 240 single family attached townhouses was heard. The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 16, 2007, and again on August 15, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 22, 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 rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MHl (Mobile Home Community) District to RP District, totaling 45.44 acres, for up to 240 single family attached townhouses, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owners. L'SOLET PDRes #34-07 --Repw(C-0 bg I�e,r-w Iny ltDq-13 Y u This ordinance shall be in effect on the date of adoption. Passed this 22nd day of August, 2007 by the following recorded vote: Richard C. Shickle, Chairman Nay Barbara E. Van Osten Aye Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Ave A COPY ATTEST Jol i �/Riley, I Fre'ti4ick County Administrator PDRes. #34-07 0 Cavnage Park Proffer Statement PROPOSED PROFFER STATEMENT REZONING: RZ. # RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) PROPERTY: 45.44 Acres +/-; Tax Map Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, 55-A-174D (the "Property") RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE Carriage Place, LLC Carriage Place, LLC Carriage Park OF PROFFERS: January 25, 2006 REVISION DATE(S): 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1/25/07; 3/20/07; 3/22/07; 5/9/07; 5/11/07 ; 5/14/07; 6/29/07;7/17/07;7/25/07;7/30/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "County") decision granting the rezoning may be contested in the appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the County which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Carriage Park" dated January 5, 2006, as revised on June 29, 2007 (the "GDP"). Page 1 of 7 0 Carriage Park Proffer Statement 1. LAND USE: 1.1 Residential development on the Property shall be limited to single family attached dwelling units and shall not exceed a maximum of 240 dwelling units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning ("DFR"). The Applicant shall not make application for more than 75 building permits in any 12 month period. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $583.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $12,192.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS & RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $1,712.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $285.00 per dwelling unit for library purposes, payable upon die issuance of a building permit for each single family attached unit. Page 2 of 7 0 Ca»zage Park Proffer Statement 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the County of Frederick the sum of $513.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. 8. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick d7e sum of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building permit for each single family attached unit. 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, including the use of a private refuse collection service to collect the solid waste generated by the residents, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 9.3 The Applicants hereby proffer to establish a start-up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start-up funds for the CPHOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or legal fees. Page 3 of 7 11 0 Carriage Park Proffer Statement 10. WATER & SEWER: 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority and the Frederick -Winchester Service Authority. 11. ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed by Applicant consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust & Associates, dated September 8, 2006 including addendum dated July 25, 2007 (the «Z,IA» 12.2 Access to the property shall be provided via a single entrance on Valley Mill Road in the location depicted on the GDP. Said entrance shall include improvements to the existing section of Valley Mill Road from the Route 7 intersection to the project entrance on Valley Mill Road as directed by VDOT. (See 1 on GDP) 12.3 The Applicant shall construct a traffic signal at the intersection of Valley Mill Road and Route 7 prior to issuance of the 50`h building permit or within 180 days of receiving written notice from VDOT after issuance of the 1" building permit. The Applicant shall design and construct extended turn lanes on eastbound and/or westbound Route 7 at the signalized entrance, if directed by VDOT. (See 2 on GDP) 12.4 The Applicant shall construct a public street connection from the proposed relocated Valley Mill Road to the boundary of the Blue Ridge Mobile Home Park in the general location depicted on the GDP. Said connection shall be constructed prior to issuance of the 100`h building permit. (See 3 on GDP) 12.5 The Applicant shall reserve the portion of die Property as depicted on the GDP for any future transportation improvements deemed needed by VDOT. Said reserved area shall be shown on the recorded deed of dedication to indicate that this area shall be available at no cost to Frederick County and/or VDOT should future transportation improvements be needed on this portion of the Property. The Applicant agrees to dedicate and convey to VDOT or the County such area in the reserved area as may be requested by VDOT or the County, within 30 days of the written request Page 4 of 7 0 0 Carriage Park Proffer Statement from VDOT or the County. The identified reserved area shall be permitted to count towards the required open space for the Property. 12.6 The Applicant shall reserve the portion of the Property as depicted on the GDP for a future interpacel connection. Said reserved area shall be shown on the recorded deed of dedication to indicate that this area shall be available at no cost to Frederick County and/or VDOT. The Applicant agrees to dedicate and convey to VDOT or the County such area in the reserved area as may be requested by VDOT or the County, within 30 days of the written request from VDOT or the County. The identified reserved area shall be permitted to count towards the required open space for the Property. (See 4 on GDP) 12.7 The Applicant shall construct a two lane public roadway to VDOT standards on a 60 foot right of way v-I the location depicted on the GDP. Direct lot access to said roadway shall be prohibited. 12.8 The Applicant shall contribute to the County of Frederick the suin of $3,000.00 per dwelling unit for transportation improvements in the general vicinity of the development, payable upon the issuance of a building permit for each unit. 13. HISTORIC RESOURCE PROTECTION 13.1 A minimum 100 foot buffer of natural vegetation shall be preserved south of VA Route 7 to the east of Abrams Creek. The Applicant shall preserve a natural vegetation buffer extending frorn VA Route 7 to 35 feet south of Ash Hollow Run west of Abrams Creek as shown on the GDP. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and the proposed collector road. Additionally, clearing within said preserve areas shall be permitted if directed by VDOT to provide adequate site distance. (See 5 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort prior to issuance of the 25'h building permit. 14. BUFFER 14.1 The Applicant shall install a double row of evergreen trees spaced no more than 10 feet apart that are a minimum 4 feet in height at time of planting within a 15 foot landscape easement in the location depicted on the GDP to minimize viewshed impacts to the adjacent property to the South. In areas where disturbance is avoided, the buffer shall be provided as a 15 foot "no cut" easement, thus prohibiting any disturbance, with no additional plantings required. Page 5 of 7 • ol. Caniage Pa;, Proffer Statement 15. BINDING EFFECT 15.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. 16. ESCALATOR CLAUSE 16.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after die approval of this rezoning to the most recently available CPI-U to die date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Ca,riage Park • _ efferSWement m F . ...... ... I., ............... .............. 7777W 15, LAND Mlra —,30.26lA4eiA,/" RE'Sa V \W ZQ Wd-RA A AZGINING: RP ( REMME AREA FOR ivTURE `\' : \ � \ �/ WADK 4� CARRIAGE PARK Patton, Harris, Rust & Associates, pc lb Q) GENERUZED DEVELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22601 (b IZ3 VOICE: (540) 667-2139 FAX: (540) 665-0493 fRIDERICK COUNTY, KRGINIA AMENDMENT Action: PLANNING COMMISSION: May 16, 2007 - Recommended Denial August 15, 2007 - Recommended Approval BOARD OF SUPERVISORS: August 22, 2007 Q APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 12-06 OF CARRIAGE PARK WHEREAS, Rezoning 912-06 of Carriage Park, submitted by Patton Harris Rust & Associates, to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 240 single family attached townhouses was heard. The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 16, 2007, and again on August 15, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 22, 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 rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, for up to 240 single family attached townhouses, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owners. PDRes 434-07 This ordinance shall be in effect on the date of adoption. Passed this 22nd day of August, 2007 by the following recorded vote: Richard C. Shickle, Chairman ATay Barbara E. Van Osten Aye Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST 4 Jol�i �/Riley, Jz . Fre'ti�rick County Administrator PDRes. 434-07 Caniage Par! Pro.(ferSfatement PROPOSED PROFFER STATEMENT REZONING: RZ. # RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) PROPERTY: 45.4.4 Acres +/-; Tax Map Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, 55-A-174D (the "Property") RECORD OWNER: Carriage Place, LLC APPLICANT: Carriage Place, LLC PROJECT NAME: Carriage Park ORIGINAL DATE OF PROFFERS: January 25, 2006 REVISION DATE(S): 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1/25/07; 3/20/07; 3/22/07; 5/9/07; 5/11/07 ; 5/14/07; 6/29/07;7/17/07;7/25/07;7/30/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Super-hisors (the "County") decision granting the rezoning may be contested in die appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, die term rezoning shall include the day following entry of a final court order affirming the decision of the County which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set fords below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at die time of development of that portion of die Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Carriage Park" dated January 5, 2006, as revised on June 29, 2007 (the "GDP"). Page 1 of 7 Carria'ge Pak Pro. ffer Statenjoit 1. LAND USE: 1.1 Residential development on die Property shall be Iinhited to single family attached dwelling units and shall not exceed a maximum of 240 dwelling units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur ducting die engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning ('DFR'). The Applicant shall not make application for more than 75 building permits in any 12 month period. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $583.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building pe>xnit for each single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $12,192.00 per dwelling unit for school purposes, payable upon die issuance of a building permit for each single family attached unit. 5. PARKS & RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $1,712.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $285.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 7 Caniage Park Projfcr Statement PUBLIC SAFETY: 7.1 The Applicant shall contribute to the County of Frederick the surn of $513.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. 8. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sure of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building permit for each single family attached unit. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (H) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, including the use of a private refuse collection service to collect the solid waste generated by the residents, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 9.3 The Applicants hereby proffer to establish a start-up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lurnp sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start-up funds for the CPHOA shall be made available for the purpose of maintenance of all improvements within the corn non open space areas, liability insurance, street light assessments, and property management and/or legal fees. Page 3 of 7 Carriage Pai/ Proffer Statement 10. WATER & SEWER: 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer inftasttucture shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority and the Frederick -Winchester Service Authority. 11. ENATIRONMENT: 11.1 Stoumwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormnvater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stoi-rnwater control in existing \Tirginia law at the time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed by Applicant consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust & Associates, dated September 8, 2006 including addendum dated July 25, 2007 (the "TIA" 12.2 Access to the property shall be provided via a single entrance on Valley Mill Road in the location depicted on the GDP. Said entrance shall include improvements to the existing section of Valley Mill Road from the Route 7 intersection to the project entrance on Valley I\ ill Road as directed by VDOT. (See 1 on GDP) 12.3 The Applicant shall construct a traffic signal at the intersection of Valley Mill Road and Route 7 prior to issuance of the 50'h building permit or within 180 days of receiving written notice from VDOT after issuance of the 1" building permit. The Applicant shall design and construct extended turn lanes on eastbound and/or westbound Route 7 at the signalized entrance, if directed by VDOT. (See 2 on GDP) 12.4 The Applicant shall construct a public street connection from the proposed relocated Valley Mill Road to the boundary of the Blue Ridge Mobile Hoene Park in the general location depicted on the GDP. Said connection shall be constructed prior to issuance of the 100`'' building permit. (See 3 on GDP) 12.5 The Applicant shall reserve tine portion of the Property as depicted on the GDP for any future transportation improvements deemed needed by VDOT. Said reserved area shall be shown on the recorded deed of dedication to indicate that this area shall be available at no cost to Frederick County and/or VDOT should future transportation improvements be needed on this portion of the Property. The Applicant agrees to dedicate and convey to VDOT or the County such area in the reserved area as may be requested by VDOT or the County, within 30 days of the written request Page 4 of 7 Cai7iage Park Proffer Statement from VDOT or the County. The identified resered area shall be permitted to count towards the required open space for the Property. 12.6 The Applicant shall reserve the portion of the Property as depicted on the GDP for a future interpacel connection. Said reserved area shall be shown on the recorded deed of dedication to indicate that this area shall be available at no cost to Frederick County and/or VDOT. The Applicant agrees to dedicate and convey to VDOT or the County such area in die reserved area as may be requested by VDOT or the County, within 30 days of the written request from VDOT or the County. The identified reserved area shall be permitted to count towards the required open space for die Property. (See 4 on GDP) 12.7 The Applicant shall construct a two lane public roadway to VDOT standards on a 60 foot right of way iih die location depicted on the GDP. Direct lot access to said roadway shall be prohibited. 12.8 The Applicant shall contribute to the County of Frederick the swn of $3,000.00 per dwelling unit for transportation improvements in the general vicinity of die development, payable upon the issuance of a building permit for each unit. 13. HISTORIC RESOURCE PROTECTION 13.1 A minimum 100 foot buffer of natural vegetation shall be preserved south of VA Route 7 to the east of Abrams Creek. The Applicant shall preserve a natural vegetation buffer extending from VA Route 7 to 35 feet south of Ash Hollow Run west of Abrams Creek as shown on the GDP. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and the proposed collector road. Additionally, clearing within said preserve areas shall be permitted if directed by VDOT to provide adequate site distance. (See 5 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort prior to issuance of the 256 building permit. 14. BUFFER 14.1 The Applicant shall install a double row of evergreen trees spaced no more than 10 feet apart that are a minimum 4 feet in height at time of planting within a 15 foot landscape easement in the location depicted on the GDP to minimize viewshed impacts to the adjacent property to the South. In areas where disturbance is avoided, the buffer shall be provided as a 15 foot "no cut" easement, thus prohibiting any disturbance, with no additional plantings required. Page 5 of 7 Carriage Par/ Proffer Statement 15. BINDING EFFECT 15.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. 16, ESCALATOR CLAUSE 16.1 In the event die monetary contributions set forth in the Proffer Statement are paid to the County widen 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetaq contributions set fords in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by die United States Department of Labor, such that at the tune the contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Cana, Purk Pn, f fir Stntunrnt Respec By: Tide: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To wit: The foregoing mstrumcnt was acknowledged before me this30 day �� ; ' ,`P,R Y • d of `�U �l�_, 2007, by f)ony r C;uinn-v I/u : ? =U '� �• NVCo:C= My commission expires Notary Public V IL REG. .'0;hMON�WEP��•�'� Page 7 of 7 _� _ ) (� ! ( �• 1 r� } t�.\�,,t -.mil\ \� 1 1��'\` ��/'� ,'1 •�N\V. _ •�� ;1 �.1��'��\�\,\�-�; \\�% ' ' � � + (' / � � 1. , ;% /� 1 ';--�,'_� I \ ZlZTO \�`J /����j�!// i! /, f 11 \• ��( 1 MH `;I\ \ ��• .: ))� '�- \����i DpriAsh yOUOW:. , /- -�• �-� '� - � `� � i % I � � � �.' ���� ���� ��\ ter` .��' � � � � �.'�'�� I (1 raTM-BUFFER inOF7 �. SINGCE' FA�411C Y ATTA HED:�HOUSI G� `:: dl� r r.: s::::� C \ � j �. �(MAXIMU-240..UNITS� '� �j!/�,� � %HA -SPA �30.26�Ade. �TAjI �E YFA�ENTS/ POSED fD�J1N.�: RP i1{�� \�//��✓/ s-LANDSCAPED `eU ` 1 RE%R%f AREA -FOR F1� �\ 1 `• �``\\�' \ 1 �� KUNPARCa COPRrECIION � �: • S \ �� , 1rOBJfOME PARK �� I } , O O 1 \ �0.1N6� PRdPOSED CARRIAGE PARK Patton, Harris, Rust & Associates, pc ►vlb lb o \ GENERLIZED DEVELOPMENT PLAN 117 E. Picadily St. Winchester, Wginia 22601 O V a VOICE: (540) 667-2139 FAX: (540) 665-0493 fREO£R/CK COUATY, l9RM14 LANDXAfE� RESERVE AREA FOR FUTURE MOBLE HOME PARK 15.18 Acres EX. ZONING: MH1 PROPOSED ZONING: RP V r�/ ...................... PON BUFFER TO TH OFROUTE r ID CA l'?I'?IA GE ARK Patton, Harris, Rust & Associates, pc Carriage Park Proffer Slatelvoil PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) PROPERTY: 45.44 Acres +/-; Tax Map Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, 55-A-174D (the "Property") RECORD OWNER: Carriage Place, LLC APPLICANT: Carriage Place, LLC PROJECT NAME: Carriage Park ORIGINAL DATE OF PROFFERS: January 25, 2006 REVISION DATE(S): 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1/25/07; 3/20/07; 3/22/07; 5/9/07; 5/11/07 ; 5/14/07; 6/29/07. 7 17 07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "County") decision granting the rezoning may be contested in the appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the County which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Carriage Park" dated January 5, 2006, as revised on June 29, 2007 (the "GDP"). Page 1 of 7 • Carirage Park Proffer Statement 1. LAND USE: 1.1 Residential development on the Property shall be limited to single family attached dwelling units and shall not exceed a maximum of 240 dwelling units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning ("DFR"). The Applicant shall not make application for more than 75 building permits in any 12 month period. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $583.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $12,192.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS & RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $1,712.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $285.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 7 E 0 Cariiane Park Pi -offer Slalenreal PUBLIC SAFETY: 7.1 The Applicant shall contribute to the County of Frederick the sum of $513.00 per dwelling unit for public safety purposes, payable upon issuance of a building perinit for each single family attached unit. 8. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building permit for each single family attached unit. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not othemvise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, including the use of a private refuse collection service to collect the solid waste generated by the residents, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 9.3 The Applicants hereby proffer to establish a start-up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start-up funds for the CPHOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or legal fees. Page 3 of 7 0 Carriaee Park PI -Offer Statemed 10 11 12 WATER & SEWER: 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority and the Frederick -Winchester Service Authority. ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust & Associates, dated September 8, 2006 (the "TIA"). 12.2 Access to the property shall be provided via a single entrance on Valley Mill Road in the location depicted on the GDP. Said entrance shall include improvements to the existing section of Valley Mill Road from the Route 7 intersection to the project entrance on Valley Mill Road as directed by VDOT. (Seel on GDP) 12.3 The Applicant shall construct a traffic signal at the intersection of Valley Mill Road and Route 7 prior to issuance of the 50`h building permit or within 180 days of receiving- written notice from VDOT after issuance of the 1" buildinp, ee t. Construction of said signalized intersection shall include extended turn lanes on east bound and west bound Route 7 if directed by VDOT. (See 2 on GDP) 12.4 The Applicant shall construct a public street connection from the proposed relocated Valley Mill Road to the boundary of the Blue Ridge Mobile Home Park in the general location depicted on the GDP. Said connection shall be constructed prior to issuance of the 100`h building permit. (See 3 on GDP) 12.5 The Applicant shall reserve the portion of the Property as depicted on the GDP for any future transportation improvement deemed necessary by VDOT. Said reserve area shall be recorded on the Deed of Dedication to ensure that this area shall be available at no cost to Frederick County and/or VDOT should future transportation improvements necessitate the use of this portion of the Property. The identified reserve area shall be permitted to count towards the required open space for the Property. Page 4 of 7 • Carriage Park Proffer Statenlew 12.6 The Applicant shall provide a reserve area to provide for future interparcel connection in the location depicted on the GDP. (See 4 on GDP) 12.7 The Applicant shall construct a two lane public roadway to VDOT standards on a 60 foot right of way in the location depicted on the GDP. Direct lot access to said roadway shall be prohibited. 13. HISTORIC RESOURCE PROTECTION 13.1 A rninimurn 100 foot buffer of natural vegetation shall be preserved south of VA Route 7 to the east of Abrams Creek. The Applicant shall preserve a natural vegetation buffer extending from VA Route 7 to 35 feet south of Ash Hollow Run west of Abrams Creek as shown on the GDP. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and the proposed collector road. Additionally, clearing within said preserve areas shall be permitted if directed by VDOT to provide adequate site distance. (See 5 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort prior to issuance of the 25`h building permit. 14. BUFFER 14.1 The Applicant shall install a double row of evergreen trees spaced no more than 10 feet apart that are a minimum 4 feet in height at time of planting within a 15 foot landscape easement in the location depicted on the GDP to minimize viewshed impacts to the adjacent property to the South. In areas where disturbance is avoided, the buffer shall be provided as a 15 foot "no cut" easement, thus prohibiting any disturbance, with no additional plantings required. 15. SEVERABILITY 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. Page 5 of 7 0 0 Carriane Park Proffer Slatenieut 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 0 0 Carriage Park Proffer Statement Respectfully submitted, Carriage Place, LLC Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of , 2007, by My commission expires Notary Public Page 7 of 7 Camage Park Proffer Slalemenl PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) PROPERTY: 45.44 Acres +/-; Tax Map Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, 55-A-174D (the "Property") RECORD OWNER: APPLICANT PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S) Carriage Place, LLC Carriage Place, LLC Carriage Park January 25, 2006 2/2/06; 5/23/06; 1/25/07; 3/20/07; 6/29/07;7/17/07 6/28/06; 8/10/06; 9/12/06; 10/29/06; 3/22/07; 5/9/07; 5/11/07 ; 5/14/07; The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "County") decision granting the rezoning may be contested in the appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, die term rezoning shall include the day following entry of a final court order affirming the decision of the County which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Carriage Park" dated January 5, 2006, as revised on June 29, 2007 (the "GDP"). Page 1 of 7 0 • Cariiane Park Proffer Statomeat 1. LAND USE: 1.1 Residential development on the Property shall be limited to single family attached dwelling units and shall not exceed a maximum of 240 dwelling units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of die project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning ("DFR"). The Applicant shall not make application for more than 75 building permits in any 12 month period. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $583.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $12,192.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS & RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $1,712.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $285.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 7 L_J u Park PUBLIC SAFETY: Slalemenl 7.1 The Applicant shall contribute to the County of Frederick the sum of $513.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building permit for each single family attached unit. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, including the use of a private refuse collection service to collect the solid waste generated by the residents, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 9.3 The Applicants hereby proffer to establish a start-up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start-up funds for the CPHOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or legal fees. Page 3 of 7 u • Carrigo Park Proffer Slalemenl 10. WATER & SEWER: 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requu:ements of the Frederick County Sanitation Authority and the Frederick -Winchester Service Authority. 11. ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust & Associates, dated September 8, 2006 (the "TIA"). 12.2 Access to the property shall be provided via a single entrance on Valley Mill Road in the location depicted on the GDP. Said entrance shall include improvements to the existing section of Valley Mill Road from the Route 7 intersection to the project entrance on Valley Mill Road as directed by VDOT. (See 1 on GDP) 12.3 The Applicant shall construct a traffic signal at the intersection of Valley Mill Road and Route 7 prior to issuance of the 50"' building permit or within 180 days of receiving written notice from VDOT after issuance of the 151 building permit. Constriction of said signalized intersection shall include extended turn lanes on east bound and west bound Route 7 if directed by VDOT. (See 2 on GDP) 12.4 The Applicant shall construct a public street connection from the proposed relocated Valley Mill Road to the boundary of the Blue Ridge Mobile Home Park in the general location depicted on the GDP. Said connection shall be constructed prior to issuance of the 100`" building permit. (See 3 on GDP) 12.5 The Applicant shall reserve the portion of the Property as depicted on the GDP for any future transportation improvement deemed necessary by VDOT. Said reserve area shall be recorded on the Deed of Dedication to ensure that this area shall be available at no cost to Frederick County and/or VDOT should future transportation improvements necessitate the use of this portion of the Property. The identified reserve area shall be permitted to count towards the required open space for the Property. Page 4 of 7 0 0 Park Slalenieul 12.6 The Applicant shall provide a reserve area to provide for fixture interparcel connection in the location depicted on the GDP. (See 4 on GDP) 12.7 The Applicant shall construct a two lane public roadway to VDOT standards on a 60 foot right of way in the location depicted on the GDP. Direct lot access to said roadway shall be prohibited. 13. HISTORIC RESOURCE PROTECTION 13.1 A minimum 100 foot buffer of natural vegetation shall be preserved south of VA Route 7 to the east of Abrams Creek. The Applicant shall preserve a natural vegetation buffer extending from VA Route 7 to 35 feet south of Ash Hollow Run west of Abrams Creek as shown on the GDP. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and die proposed collector road. Additionally, clearing widen said preserve areas shall be permitted if directed by VDOT to provide adequate site distance. (See 5 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort prior to issuance of the 25`" building permit. 14. BUFFER 14.1 The Applicant shall install a double row of evergreen trees spaced no more than 10 feet apart that are a minimum 4 feet in height at time of planting within a 15 foot landscape easement in the location depicted on the GDP to minimize viewshed impacts to the adjacent property to the South. In areas where disturbance is avoided, the buffer shall be provided as a 15 foot "no cut" easement, thus prohibiting any disturbance, with no additional plantings required. 15. SEVERABILITY 15.1 In tie event any portion of these proffers are subsequently determined to be illegal or unenforceable, die remaining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. Page 5 of 7 • Carriage Park Proffer Statement 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after d7e approval of this rezoning to die most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 0 0 Carnage Pak Pmfer Statemient Respectfully e, Title: It STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this d day of -Lt � q , 2007, by n.Q DVQ ( �, • C�� c np ¢a(I ��`�� �sTiN o,''�. My commission expires Notary Public (1 - _ 1313 TH OF`l��`�. Page 7 of 7 Carriage Park Proffer Statement PROPOSED PROFFER STATEMENT REZONING: RZ. # /A -d,: RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) PROPERTY: 45.44 Acres +/-; Tax Map Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, 55-A-174D (the "Property") RECORD OWNER: Carriage Place, LLC APPLICANT: Carriage Place, LLC PROJECT NAME: Carriage Park ORIGINAL DATE OF PROFFERS: January 25, 2006 REVISION DATE(S): 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1/25/07; 3/20/07; 3/22/07; 5/9/07; 5/11/07 ; 5/14/07; 6/29/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In die event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be mill and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on die day following the last day upon which the Frederick County Board of Supervisors (tie "County") decision granting the rezoning may be contested in the appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, die term rezoning shall include die day following entry of a final court order affirming die decision of the County which has not been appealed, or, if appealed, the day following which die decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Carriage Park" dated January 5, 2006, as revised on June 29, 2007 (the "GDP"). Page 1 of 7 0 E Carriage Park Proffer Statement 1. LAND USE: 1.1 Residential development on the Property shall be limited to single family attached dwelling units and shall not exceed a inaximum of 240 dwelling units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that ininor modifications may occur during the engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning ("DFR"). The Applicant shall not make application for more than 75 building permits in any 12 month period. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sutn of $583.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $12,192.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single faintly attached unit. 5. PARKS & RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $1,712.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $285.00 per dwelling unit for library purposes, payable upon the issuance of a building perinit for each single family attached unit. Page 2 of 7 0 0 Carriage Palk Proffer Statement 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the County of Frederick the sum of $513.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. 8. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sun of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building perYnit for each single family attached unit. 9. CREATION OF IIOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to die County or others, for each area subject to dieir jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have tide to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) conunon solid waste disposal programs, including dae use of a private refuse collection service to collect the solid waste generated by die residents, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to die HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 9.3 The Applicants hereby proffer to establish a start-up fund for tie Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by die Applicant and an additional payment of $100.00 by die homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into die CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start-up funds for the CPHOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or legal fees. Page 3 of 7 0 • Canape Park Proffer Siatemeni 10. WATER & SEWER: 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority and the Frederick -Winchester Service Authority. 11. ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust & Associates, dated September 8, 2006 (the "TIA"). 12.2 Access to the property shall be provided via a single entrance on Valley Mill Road in the location depicted on the GDP. Said entrance shall include improvements to the existing section of Valley Mill Road from die Route 7 intersection to the project entrance on Valley Mill Road as directed by VDOT. (Seel on GDP) 12.3 The Applicant shall construct a traffic signal at the intersection of Valley Mill Road and Route 7 prior to issuance of the 50th building pennit. Construction of said signalized intersection shall include extended turn lanes on east bound and west bound Route 7 if directed by VDOT. (See 2 on GDP) 12.4 The Applicant shall construct a public street connection from the proposed relocated Valley Mill Road to the boundary of the Blue Ridge Mobile Home Park in the general location depicted on dze GDP. Said connection shall be constructed prior to issuance of the 1001h building permit. (See 3 on GDP) 12.5 The Applicant shall reserve the portion of die Property as depicted on the GDP for any future transportation improvement deemed necessary by VDOT. Said reserve area shall be recorded on the Deed of Dedication to ensure that this area shall be available at no cost to Frederick County and/or VDOT should future transportation improvements necessitate the use of this portion of the Property. The identified reserve area shall be permitted to count towards the required open space for die Property. 12.6 The Applicant shall provide a reserve area to provide for future interparcel connection in the location depicted on die GDP. (See 4 on GDP) Page 4 of 7 0 C� Carizave Park Proffer Statement 12.7 The Applicant shall construct a two lane public roadway to VDOT standards on a 60 foot right of way in the location depicted on the GDP. Direct lot access to said roadway shall be prohibited. 13. HISTORIC RESOURCE PROTECTION 13.1 A minimum 100 foot buffer of natural vegetation shall be preserved south of VA Route 7 to the east of Abrams Creek. The Applicant shall preserve a natural vegetation buffer extending from VA Route 7 to 35 feet south of Ash Hollow Run west of Abrams Creek as shown on the GDP. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and the proposed collector road. Additionally, clearing within said preserve areas shall be permitted if directed by VDOT to provide adequate site distance. (See 5 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort prior to issuance of the 25`h building permit. 14. BUFFER 14.1 The Applicant shall install a double row of evergreen trees spaced no more than 10 feet apart that are a minimum 4 feet in height at time of planting within a 15 foot landscape easement in the location depicted on the GDP to minimize viewshed impacts to the adjacent property to the South. In areas where disturbance is avoided, the buffer shall be provided as a 15 foot "no cut" easement, thus prohibiting any disturbance, with no additional plantings required. 15. SEVERABILITY 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. Page 5 of 7 0 0 Carizage Park Proffer Stateirrent 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be uz the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Caniare Park Prn1%r Statemed Respec Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit; The foregoing instnunent was acknowledged before me tivs () t�day o£ JJAJ14 2007, by A h Ver Ey My commission expi7a;-, �Ja.I,L�(_Q,-� ( , Z 00 Notary Public %LtGZG� t'.p�7Q.� I (7V1 2�8�35 Page 7 of 7 BLUE R1DCE— MHP l\ 1001 I SINGLE FAMILY ATTACHED HOUSING (MAXIMU 240 UNITS) ............... .......::::: I / � / 15' LANDSCAPED BUFFER / � 30.26 Acres EX. ZONING: RA PROPOSED ZONING: RP 15'LANDSCAPE9 BU ® RESERVE AREA FOR FUTURE NTERPARCEL COWECTION [CONNEC17ON MTN MOBU HOME PARK 15.18 Acres ` \� EX. ZONING: MH1 PROPOv SED ZONING: RP 7l ARRauc 0 1� 1 V€GET BUFFER 7D .36 OF ASH HOLLOW RUN CREEK i ----- 1 BUFFER iDl OF ROUTE 7 �- '-_—� . -- `. CARRIAGE PARK Patton, Harris, Rust & Associates, pc lb GENERUZED Df ELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22601 O v a VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, WGINIA Carriane Park Proffer Slalenreul PROPOSED PROFFER STATEMENT REZONING: RZ. # il -0: RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) PROPERTY: 45.44 Acres +/-; Tax Map Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, 55-A-174D (the "Property") RECORD OWNER: Carriage Place, LLC APPLICANT: Carriage Place, LLC PROJECT NAME: Carriage Park ORIGINAL DATE OF PROFFERS: January 25, 2006 REVISION DATE(S): 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1/25/07; 3/20/07; 3/22/07; 5/9/07; 5/11/07 ; 5/14/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In die event that die above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Furdier, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (die "County") decision granting the rezoning may be contested in the appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of tie County which has not been appealed, or, if appealed, die day following which the decision has been affitmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, die "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Carriage Park" dated January 5, 2006, as revised on May 14, 2007 (the "GDP"). Page 1 of 7 0 Carriage Park, Proffer Slalemew 1. LAND USE: 1.1 Residential development on the Property shall be limited to single family attached dwelling units. 1.2 The first 150 lots made available for building permits shall be generally as shown on the GDP. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with die GDP provided that minor modifications may occur during die engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning ("DFR"). The Applicant shall not make application for more than 75 building permits in any 12 month period. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $583.00 per dwelling unit for fire and rescue purposes, payable upon dle issuance of a building permit for each single fancily attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick die sum of $12,192.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS & RECREATION: 5.1 The Applicant shall contribute to the County of Frederick die sum of $1,712.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to die County of Frederick the sum of $285.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. 7. PUBLIC SAFETY: Page 2 of 7 0 • Caniaee Park Proffer Slalement 7.1 The Applicant shall contribute to the County of Frederick the sum of $513.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. 8. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building permit for each single family attached unit. 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas dzat may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, including the use of a private refuse collection service to collect the solid waste generated by the residents, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located wid-iin easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 9.3 The Applicants hereby proffer to establish a start-up fund for the Carriage Park Homeowner's Association (CPHOA) drat will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start-up funds for the CPHOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or legal fees. Page 3 of 7 Canique Park, Proffer Statement 10. WATER & SEWER: 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority and the Frederick -Winchester Service Authority. 11. ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust & Associates, dated September 8, 2006 (the "TIA") including addendum dated February 23, 2007. 12.2 The Applicant shall construct a two lane rural undivided (R2) collector roadway with additional turn lanes where appropriate on a minimum 60 foot right of way from the Project entrance on Route 7, including any necessary turn lanes on Route 7, to die Southern Property boundary as shown on the GDP prior to issuance of the 125`h building permit. Furtlermore, die Applicant shall design an improved section of Valley Mill Road from die terminus of t1e proposed collector road at the Southern Property line to die existing intersection of Channing Drive and existing Valley Mill Road. (See 1 on GDP) 12.3 The Applicant shall close the existing crossover on Route 7 at Valley Mill Road within 180 days of receiving written notice from Frederick County and/or VDOT. (See 2 on GDP) 12.4 The Applicant shall construct a public street connection from dle proposed relocated Valley Mill Road to the boundary of die Blue Ridge Mobile Home Park in the general location depicted on the GDP. (See 3 on GDP) 12.5 The Applicant shall reserve all portions of the Property located East of the proposed relocated Valley Mill Road as depicted on the GDP for any future transportation improvement deemed necessary by VDOT. Said reserve area shall be recorded on the Deed of Dedication to ensure that this area shall be available at no cost to Frederick County and/or VDOT should future transportation improvements necessitate the use of this portion of the Property. The identified reserve area may be included as part of the required open space for the Property. (See 4 on GDP) Page 4 of 7 0 Canza,ge Pan(Proffer Statement 12.6 The Applicant shall diligently pursue agreement with off site property owners after rezoning. The Applicant shall file for MDP approval within 3 months of rezoning approval by die Board and shall file for Final Construction Drawing approval for the collector road frorn Rte 7 to Valley Mill Road within 6 months of final rezoning by the Board. In the event that die right of way is made available for the offsite road extension prior to the application for die first building permit in the development, the Applicant shall, prior to the building permit, Bond with the County for die completion of construction of that road segment, based on costs estimated from the final drawings. Construction of the road from Route 7 to Valley Mill Road shall be complete prior to issuance of the 151st building permit. 12.7 In the event Right of Way for the offsite road segment is not available at tie time of die First building permit, the Applicant shall place the amount of $3,000.00 per dwelling unit, payable upon issuance of each building permit, in an escrow account for right of way acquisition and the construction of the extension of the proposed collector road from the proposed terminus at the Southern Property boundary to existing Valley Mill Road as depicted on the GDP. In the event that the right of way is made available for said road extension prior to issuance of the 150"' building permit, the Applicant shall construct the proposed collector road fronh Route 7 to connect with existing Valley Mill Road prior to issuance of the 151" building permit and contributions to the escrow account shall cease and all payments made to the escrow account shall be reimbursed to tie Applicant. 12.8 In the event that off site right of way is not made available prior to issuance of the 151 st building permit, the contributions to die escrow account shall go to the County's general transportation fund and all future per unit transportation contributions shall be made to the County's transportation fund and the Applicant shall not be responsible for construction of the offsite collector roadway South of die Property Boundary. 13. HISTORIC RESOURCE PROTECTION 13.1 A minimum 100 foot buffer of natural vegetation shall be preserved between VA Route 7 and any future residential lots located on the Property. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and the proposed collector road. (See 5 on GDP) 13.2 The Applicant shall contribute $25,000.00 to die County for purposes associated with security fencing at historic Star Fort. 14. BUFFER 14.1 The Applicant shall install a double row of evergreen trees spaced no more than 10 feet apart dlat are a minimum 4 feet in height at time of planting in d-ie location depicted on the GDP within 90 days of the offsite road right of way being provided by the property owner.. (See 6 on GDP) Page 5 of 7 0 0 Canzane Park Proffer Statement 15. SEVERABILITY 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. 17. ESCALATOR CLAUSE 17.1 In the event die monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. 18. ROAD ABANDONMENT 18.1 At such time that Valley Mill Road is relocated through the Property to provide a connection with Route 7, the County may apply for abandonment of the portion of existing Valley Mill Road between the eastern edge of the existing one lane bridge at Abrams Creek and the relocated portion of Valley Mill Road. Abandonment of this right of way will provide for a safer traffic movement while eliminating the need to expand the existing one lane bridge at Abrams Creek. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 0 Carriage Par;, Proffer Statement Resp By: Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was admowled ed before me this day of n ,2007,by n0nV0r E� .LfAD-C-l/0----- - OT I N i %GOM0Ny;.`�'i2 OP _. ZOT, ,,�'� qR1' PU4ti�����• My commission e pines Notary Public Page 7 of 7 • 1 ROUTE ;> 5 OFI NA TUR ETA TION BUFFER BLUE RIDGE \ NhP I � PHASE 1 L (INITIAL 150 BUILDING PERMITS) �i1 ` 1 I -1 PHASE2 • •••••• I • l • • 30.5230 Acres , CONN TI 3 _ • EX. ZONING: RA (. BLUE GE MHP �: - • • PROPOSED ZONING: RP (PROF F 12.4) • • •©LANDSCAPED 14. 196 Acres SCREEN EX. ONINGt MH1 0A0 PROPOS D ZONING: RP [jk-PL OREL OCA LS VALLEY MILL RD v IEXI� OOFU RE CONNEC N. TO VALL Y MILL ROAD Q ABRAMS�'� / PORTION OF EXISTING \ VALLEY MILL ROAD \ \ TO BE ABANDONED . (POTE \ \ \ / / \ ,a v, CARRIAGE PARK Patton, Harris, Rust & Associates GENEFUZED DEVELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22601 O \ Q VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, VIRGINIA 0 DRAFT 0 Canza,ge Park Pro, ffer Slalenrenl PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA (Rural Areas) and 1\41-11 (Mobile Home Community) to RP (Residential Performance) PROPERTY: 45.44 Acres +/-; Tax Map Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, 55-A-174D (the "Property") RECORD OWNER: Carriage Place, LLC APPLICANT: Carriage Place, LLC PROJECT NAME: Carriage Park ORIGINAL DATE OF PROFFERS: January 25, 2006 REVISION DATE(S): 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1/25/07; 3/20/07; 3/29/07 The undersigned hereby proffers that the use and development of die subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which die Frederick County Board of Supervisors (the "County") decision granting the rezoning may be contested in the appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the County which has not been appealed, or, if appealed, die day following which die decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or 'including the improvement or other proffered requitement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Carriage Park" dated January 5, 2006, as revised on March 22, 2007 (the "GDP"). Page 1 of 7 0 DRAFT Caniape Park Proffer Slafemeni 1. LAND USE: 1.1 Residential development on the Property shall be limited to single family attached dwelling units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning C'DFR" ). The Applicant shall not make application for more than 75 building permits in any 12 month period. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $528.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $14,618.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS & RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $1,634.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $204.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 7 • DRAFT • Carriage Park Proffer Statement PUBLIC SAFETY: 7.1 The Applicant shall contribute to the County of Frederick the sum of $503.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. 8. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building permit for each single family attached unit. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, including the use of a private refuse collection service to collect the solid waste generated by the residents, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 9.3 The Applicant hereby proffer to establish a start-up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these to the transfer of ownership and maintenar applicants to the CPHOA. The start-up func made available for the purpose of maintenance the common open space areas, liability insurar and property management and/or legal fees. Funds to the CPHOA prior .e responsibility from the for d7e CPHOA shall be of all u, nprovements within -e, street light assessments, Page 3 of 7 0 DRAFT • Canzane Park Proffer Statement 10. WATER & SEWER: 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority and the Frederick -Winchester Service Authority. 11. ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust & Associated, dated September 8, 2006 (the "TIA") including addendum dated February 23, 2007. 12.2 The Applicant shall construct a two lane rural undivided (R2) collector roadway with additional turn lanes where appropriate on a minimum 60 foot right of way from the Project entrance on Route 7, including any necessary turn lanes on Route 7, to connect with existing Valley Mill Road as shown on the GDP prior to issuance of the 150`h building permit. Furthermore, the Applicant shall design an improved section of Valley Mill Road between its intersection with Channing Drive and the proposed relocated Valley Mill Road. (See 1 on GDP) 12.3 The Applicant shall close the existing crossover on Route 7 at Valley Mill Road within 180 days of receiving written notice from Frederick County and/or VDOT. (See 2 on GDP) 12.4 The Applicant shall construct a public street connection from the proposed relocated Valley Mill Road to the boundary of the Blue Ridge Mobile Home Park in the general location depicted on the GDP. (See 3 on GDP) 12.5 The Applicant shall reserve all portions of the Property located East of the proposed relocated Valley Mill Road as depicted on the GDP for any future transportation improvement deemed necessary by VDOT. Said reserve area shall be recorded on die Deed of Dedication to ensure that this area shall be available at no cost to Frederick County and/or VDOT should future transportation improvements necessitate the use of this portion of the Property. The identified reserve area may be included as part of the required open space for the Property. (See 4 on GDP) Page 4 of 7 0 DRAFT 0 Caniane Park. Proffer Statement 12.6 The Applicant shall construct the proposed relocated Valley Mill Road from the Project entrance on Route 7 to connect with existing Valley Mill Road within 4 years of the Date of Final Rezoning ("DFR" ). 13. HISTORIC RESOURCE PROTECTION 13.1 A minimum 100 foot buffer of natural vegetation shall be preserved between VA Route 7 and any future residential lots located on the Property. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and the proposed collector road. (See 5 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort. 14. BUFFER 14.1 The Applicant shall install a double row of evergreen trees spaced no more than 10 feet apart that are a minimum 4 feet in height at time of planting in the location depicted on the GDP prior to issuance of the first building permit. (See 6 on GDP) 15. SEVERABILITY 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by die Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in die CPI-U from that date 24 months after the approval of dais rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. Page 5 of 7 rDRAFT 0 Carriage Park Proffer Statement 18. ROAD ABANDONMENT 18.1 In recognition of the fact that Valley Mill Road will be relocated through the Property to provide a connection with Route 7, the County may apply for abandonment of the portion of existing Valley Mill Road between the eastern edge of the existing one lane bridge at Abrams Creek and the relocated portion of Valley Mill Road. Abandonment of this right of way will provide for a safer traffic movement while elitninatirig the need to expand the existing one lane bridge at Abrams Creek. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 0 DRAFT • Car �za,ge Palk Proffer Statement Respectfully submitted, Carriage Place, LLC By: Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The fotegoing instrument was acknowledged before me this of , 2007, by My commission expires Notary Public day Page 7 of 7 0 • i� 1 7-- ONYA ETATION BUFFER BLUE arocE 4HG NTR CT _ 1 SINGLE FAMILY ATTACHED HOUSING CLOSE EXISII osso .................. .... i........... OPEN SPACE_ AREA ON TI 8 / • • \� ' 30.5234 Acres RESERVED FOR POTENTIAL C BLUE GE AMP \ _ • •\`�� EX.; ZONING: RA FUTURE ROAD ALIGNMENT (PROFF 12, 4) • • \, , PROPOSED ZONING: RP \ F` \ •� �-©LANDSCAPED 14. 196 Acres • • SEEN r EX. 0, NG>I MH1 �• • pPp <9� PROPOSE ZONING: ' RP. RELOCATED VP 1S11N .� ♦ VALLEY MILL RD CON ECTION TO 6OS77NG VALL Y MILL ROAD ABRAMS cRE�` PORTION OF EXISTING VALLEY M1LL ROAD l T BE ABANDONED , 49 r ,l; CARRIAGE PARK Patton, Harris, Rust & Associates ti GENERLIZED DEVELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22601 O \ Q VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, VIRG/NA Carriane Pant Proffer Statement PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) PROPERTY: 45.44 Acres +/-; Tax Map Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, 55-A-174D (the "Property") RECORD OWNER: Carriage Place, LLC APPLICANT: Carriage Place, LLC PROJECT NAME: Carriage Park ORIGINAL DATE OF PROFFERS: January 25, 2006 REVISION DATE(S): 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1/25/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "fmal rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "County") decision granting the rezoning may be contested in the appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the County which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan;' shall refer to the plan entitled "Generalized Development Plan, Carriage Park" dated January 5, 2006, as revised on January 25, 2007 (the "GDP"). Page 1 of 6 0 E Carriage Park Proffer Statement 1. LAND USE: 1.1 Residential development on the Property shall be limited to single family attached dwelling units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning ("DFR"). The Applicant shall not make application for more than 75 building permits in any 12 month period. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $528.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $14,618.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS & RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $1,634.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $204.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 6 r Carriage Part Proffer Statement 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the County of Frederick the sum of $503.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. 8. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building permit for each single family attached unit. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, including the use of a private refuse collection service to collect the solid waste generated by the residents, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 9.3 The Applicants hereby proffer to establish a start-up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start-up funds for the CPHOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or legal fees. Page 3 of 6 0 Carnage Park Proffer Statement 10. WATER & SEWER: 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority and the Frederick -Winchester Service Authority. 11. ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stortnwater control in existing Virginia law at the tune of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust & Associated, dated September 8, 2006 (the "TIA") including addendum dated February 23, 2007. 12.2 Access to the property shall be provided via a signalized entrance on Route 7 in the location depicted on the GDP. Said entrance and signal shall be designed and constructed with improvements as necessary on Route 7 to accommodate die future construction of the Route 37 ramp as depicted on the GDP and will be subject to review and approval by VDOT and Frederick County. Said improvements shall be completed prior to issuance of the first building permit. (See 1 on GDP) 12.3 The Applicant shall construct a two lane rural undivided (R2) collector roadway on a 50 foot right of way from the entrance on Route 7 to the Southern property line as depicted on the GDP prior to issuance of the 125"' building permit. The roadway shall be designed to accommodate a future connection with existing Valley NO Road as shown on the GDP. No direct lot access shall be permitted on said collector road. (See 2 on GDP) 12.4 The Applicant shall provide a private, gated connection between the internal road network for the project and the existing road network in the adjacent Blue Ridge Mobile Home Park for emergency access in the location depicted on the GDP. (See 3 on GDP) Page 4 of 6 0 0 Carriage Park Proffer Statement 13. HISTORIC RESOURCE PROTECTION 13.1 A minimum 100 foot buffer of natural vegetation shall be preserved between VA Route 7 and any future residential lots located on the Property. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and the proposed collector road. (See 4 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort. 15. SEVERABILITY 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 5 of 6 ►__J Carriage Park Proffer Statement Respec Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowled ed before ine dais ,-_)4zD day of !k66 dQ� , 2007, by � _ ,s L�. Ilrlr My commission \expires CI - Notary Public Page 6 of 6 ♦```111 Ill�i `,♦ off.,......, C, �.:� , o. �`l` i��A \ � �' '��'} 1 �� - i J: t4i V i A r r i,J((SI, � '� -�. �• -_. S , Jtffrf+l t !1i � 4. �i i V. _ — t 7. 4 OF NATURAL GETA ON BUFFER = y1;•`� Jill FUTURE ROUTE 37 ONIOFF RAMP �O EMERGE Y CONNEC710N P FER 12.4 NALFZED o 1 r' NCE GLE FAMI j I • OPEN SPACE 30.5230 Acres _ j EX. ZONING: RA `�� • ---J I t ` ��\ ` ' PROPOSED ZONING: RP COLLECTOR ROAD Fo O --FUTURE VALL Y MILL ROAD 0 p �y. -_CONNECTION'(Y OTHERS)O 14.9196 Acres ROP F EX. ZONING. MH1 EY lAi�� PROPOSED ZONING:. RP ABRAAIS.-Y- zi W. %:��• /. , .r;i�irJ R \ J It CARRIAGE PARK Patton, Harris, Rust & Associates GENERLIZED DEVELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22601 O �O Q VOICE: (540) 667-2139 FAX: (540) 665-0493 V FREDERICK COUNTY, WRGINA Carriage Park Proffer Statement PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA (Rural Areas) and MH1 (Mobile Home Communir� to RP (Residential Performance) PROPERTY: 45.44 Acres +/-; Tax Map Parcels 55-A 161, 55-A 165A, 55-A 166, 55-A 167, 55-A-167A, 55-A 168, 55-A 174A, 55-A 174B, 55-A 174D (the "Property") RECORD OWNER Carriage Place, LLC APPLICANT: Carriage Place, LLC PROJECT NAME: Carriage Park ORIGINAL DATE OF PROFFERS: January25, 2006 REVISION DATE (S) : February 2, 2006 May 23, 2006 June 28, 2006 August 10, 2006 September 12, 2006 The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "County') decision granting the rezoning may be contested in the appropriate court. If the Countys decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the County which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Carriage Park" dated January 5, 2006, as revised on September 12, 2006 (the "GDP"), and shall include the following: Page 1 of 8 • 0 Carriage Park Proffer Statement LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 165 single family dwelling units. 1.2 The number of single family detached dwelling units to be constructed on the property shall not exceed 73 dwelling units. 1.3 The number of single family attached dwelling units to be constructed on the property shall not exceed 92 dwelling units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement and in substantial conformance with the GDP as approved bythe Board. 2.2 Construction of the 165 residential dwelling units shall be phased over a three-year period commencing with the Date of Final Rezoning ("DFR"). The Applicant shall not make application for more than 75 building permits for residential dwelling units per year. 2.3 The above -referenced phasing limitations are cumulative. Notwithstanding any representations to the contrary contained in these Proffers. Should market conditions dictate a slower pace of construction of the residential dwelling units on the Property, the time schedule for total build out of the Property may exceed three years. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $720.00 per single family, detached dwelling unit for capital improvements to capital facilities for fire and rescue facilities and equipment located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family detached unit. 3.2 The Applicant shall contribute to the County of Frederick the sum of $528.00 per single family, attached dwelling unit for capital improvements to capital facilities for fire and rescue facilities and equipment located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 8 0 • Carriage Park Proffer Statement 4.1 The Applicant shall contribute to the County of Frederick the sum of $19,189.00 per single family, detached dwelling unit for capital improvements to public schools located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the County of Frederick the sum of $14,618.00 per single family, attached dwelling unit for capital improvements to public schools located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS &RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $2,136.00 per single family, detached dwelling unit for capital improvements to recreational facilities located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family detached unit. 5.2 The Applicant shall contribute to the County of Frederick the sum of $1,634.00 per single family, attached dwelling unit for capital improvements to recreational facilities located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $267.00 per single family, detached dwelling unit for capital improvements to library facilities, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the County of Frederick the sum of $204.00 per single family, attached dwelling unit for capital improvements to library facilities, payable upon the issuance of a building permit for each single family attached unit. 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the County of Frederick the sum of $658.00 per single family, detached dwelling unit for capital improvements to public safety facilities and equipment upon issuance of a building permit for each single family detached unit. 7.2 The Applicant shall contribute to the County of Frederick the sum of $503.00 per single family, attached dwelling unit for capital improvements to public safety facilities and equipment upon issuance of a building permit for each single family attached unit. Page 3 of 8 • • Can age Park Proffer Statement GENERAL GOVERNMENT: 8.1 The Applicant shall contribute to the County of Frederick the sum of $320.00 per single family, detached dwelling unit for capital improvements to general governmental facilities and equipment upon issuance of a building permit for each single family detached unit. 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per single family, attached dwelling unit for capital improvements to general governmental facilities and equipment upon issuance of a building permit for each single family attached unit. 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as maybe required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, including the use of a private refuse collection service to collect the solid waste generated by the residents, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 9.3 The Applicants hereby proffer to establish a start-up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start-up funds for the CPHOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or legal fees. Page 4 of 8 • • Carriage Park Proffer Statement 10. WATER & SEWER 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority and the Frederick -Winchester Service Authority. 11. ENVIRONMENT: 11.1 Stormwater management for the Property shall be provided in accordance with all applicable ordinances. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust & Associated, dated September 8, 2006 (the "TIA') and any amendments thereto. The Applicant shall privately fund all transportation improvements required for this project. 12.2 Access to the property shall be provided via a single entrance on Valley Mill Road in the location depicted on the GDP. Said entrance shall include improvements to the existing section of Valley Mill Road from the Route 7 intersection to the project entrance on Valley Mill Road as directed by VDOT. (See 1 on GDP) 12.3 Applicant shall provide an inter -parcel connector in the location depicted on the GDP to facilitate integration of the Property with future development and to facilitate the construction of an additional future Valley Mill road connector. (See 2 on GDP) 12.4 The Applicant shall provide a private, gated connection between the internal road network for the project and the existing road network in the adjacent Blue Ridge Mobile Home Park for emergency access in the location depicted on the GDP. (See 3 on GDP) 12.5 The Applicant shall construct a traffic signal at the intersection of Valley NO Road and Route 7 prior to issuance of the 76' building permit. Construction of said signalized intersection shall include extended turn lanes on east bound and west bound Route 7 if directed by VDOT. 12.6 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 per single family detached unit for capital improvements to capital facilities related to transportation improvements in the general vicinity of the development, payable upon the issuance of a building permit for each detached unit. Page 5 of 8 0 • Carriane Park Proffer Statement 12.7 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 pin single family attached unit for capital improvements to capital rel facilities ated to transportation improvements the general vicinityof the development. 12.8 If the maximum number of permitted single family attached and detached dwelling units are constructed on the property pursuant to Sections 1.1 through 1.3 of thisn thProffer Statement, thee monetary contribution to the County pursuant to Sections 12.8 and 12.9 of this Proffer Statement would total $641,000.00. 12.9 It is expressly understood and agreed that any monetary contributions related to transportation provided to the County pursuant to this Proffer Statement may be utilized for revenue sharing and shall be applied as a first priority to funding the construction of the future Valley Mill connector road as shown on the GDP with the second priority to funding the relocation of Valley NO Road. 13. HISTORIC RESOURCE PROTECTION 13.1 A 100 foot buffer of natural vegetation shall be preserved between VA Route 7 and the limits generally depicted on the GDP. Encroachment of construction activities in this area shall not be allowed except to construct a roadway entrance and/or necessary utilities. (See 4 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort. 13.3 The Applicant shall establish a 15 foot no cut vegetative buffer along a portion of the southern project boundary with Valley NO Farm LC, as shown on the GDP in order to protect viewsheds surrounding the farm buildings. 14. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS 14.1 Any portion of the Property may hereafter be dedicated for public street purposes (or otherwise conveyed to a public entity shall, upon such dedication, be excluded from the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the full force and effect of these proffers. 15. SEVERABILITY 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. Page 6 of 8 0 • Carriage Park Proffer Statement 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 8 nd • Carriage Park Proffer Statement Respec In Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowled ed before me this day of �- )h_O,r , 2006, by C)Q f1VP � > • Ou (n l Ilu `,%IN��`�Illltt��i� ��.P�S�A 4 Mycommission x ires Q Notary Public i r • cW i w i • � 'P �7RG1N�a`•' �G r � % % RY P\A,:``�• �f�1111111�1��t Page 8 of 8 Q) Q, w- 41% N SINGLE FAMILY (_,,DETACHED WGETA70 � jjl —30.26 Acres ZONING: G. PROPOSED 2 'gG- RP ca" 15.1' s 0 EX CA Rl'?IA GE PARK GEWERLZE-D DEVELOPMENT PLAN FREDERICK COUNTY, VIRGINA r UAOT OF W WGET Open Space Patton, Harris, Rust & Associates, PC 117 E. Picadilly St. Vinchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 0 • Carriage Park ProfferStaYeCernt 3 PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) PROPERTY: 45.44 Acres +/-; Tax Map Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, 55-A-174D (the "Property") RECORD OWNER: Carriage Place, LLC APPLICANT: Carriage Place, LLC PROJECT NAME: Carriage Park ORIGINAL DATE OF PROFFERS: January 25, 2006 REVISION DATE(S): February 2, 2006 May 23, 2006 June 28, 2006 August 10, 2006 September 12, 2006 October 29, 2006 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "County") decision granting the rezoning may be contested in the appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the County which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Carriage Park" dated January 5, 2006, as revised on October 29, 2006 (the "GDP"). Page 1 of 8 2006 Carriage Park Prgf er Slalemew 1. LAND USE: 1.1 Residential development on the Property shall not exceed a nlaximuln of 165 single family dwelling units. 1.2 The number of single family detached dwelling units to be constructed on the property shall not exceed 73 dwelling units. 1.3 The number of single family attached dwelling units to be constructed on the property shall not exceed 92 dwelling units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERIAITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance witll applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of the project. 2.3 Construction of the 165 residential dwelling units shall be phased over a mini-inum three-year period commencing with the Date of final Rezoning ("DFR"). The Applicant shall not make application for more than 55 building permits for residential dwelling units per year, commencing with die DFR, provided that this linhltatlon shall be cumulative, but provided, further, that the Applicant shall not, in any event, make application for more than 75 building permits in any 12 month period 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $720.00 per single family, detached dwelling unit for fire and rescue purposes, payable upon die issuance of a building permit for each single family detached unit. 3.2 The Applicant shall contribute to the County of Frederick the sum of $528.00 per single family, attached dwelling unit for fire and rescue purposes, payable upon die issuance of a building peril -lit for each single family attached unit. 4. SCIIOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $19,189.00 per single family, detached dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 8 Ccrr wage Part Proffer Slatemerrl 4.2 The Applicant shall contribute to the County of Frederick the sum of $14,618.00 per single family, attached dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS & RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $2,136.00 per single family, detached dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family detached unit. 5.2 The Applicant shall contribute to the County of Frederick the sum of $1,634.00 per single family, attached dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $267.00 per single family, detached dwelling unit for library purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the County of Frederick the sum of $204.00 per single family, attached dwelling unit for library purposes, payable upon the issuance of a building perinit for each single family attached unit. 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the County of Frederick the sum of $658.00 per single family, detached dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family detached unit. 7.2 The Applicant shall contribute to the County of Frederick the sum of $503.00 per single family, attached dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. S. GENERAL GOVERNMENT: 8.1 The Applicant shall contribute to the County of Frederick the sutra of $320.00 per single family, detached dwelling unit for general government purposes, payable upon issuance of a building permit for each single family detached unit. Page 3 of 8 0 Carria,go Park Proffor Stalonrew 8.2 The Applicant shall contribute to the County of Frederick the suns of $245.00 per single family, attached dwelling unit for general governincnt purposes, payable upon issuance of a building permit for each single family attached unit. 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or other's, for each area subject to their Jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otheiwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) coininon solid waste disposal programs, including the use of a private refuse collection service to collect the solid waste generated by the residents, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted witllui residential or other lots, or othetwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 9.3 The Applicants hereby proffer to establish a start-up fund for the Carriage Park Homeowner's Association (CPIIOA) tliat will include an initial himp sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start-up finds for the CPHOA shall be made available for the purpose of maintenance of all irnprovements within the common open space areas, liability uisurance, street light assessments, and property management and/or legal fees. Page 4 of 8 Ccnzage Park ProfferSlalemew 10. WATER & SEWER: 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities requited for such connection. All water and sewer infrastructure shall be constructed in -its of the Frederick County Sanitation accordance with the requireme Authority and the Frederick -Winchester Service Authority. 11. ENVIRONMENT: 11.1 Stotmwater management and Best Management Practices (Bl\/lP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, 'Fable 2-3 which results in the highest order of storniwater control in existing Virginia law at the tune of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation itnprovetnents shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust & Associated, dated September 8, 2006 (the "TIA"). 12.2 Access to the property shall be provided via a single entrance on Valley Mill Road in the location depicted on the GDP. Said entrance shall include iinptovements to the existing section of Valley Mill Road froin the Route 7 intersection to the project entrance on Valley Mill Road as directed by VDOT. (See 1 on GDP) 12.3 Applicant shall provide an inter -parcel connector in the location depicted on the GDP to facilitate integration of the Property with future development and to facilitate the construction of an additional future Valley Mill road connector. (See 2 on GDP) 12.4 The Applicant shall reserve a 50' right of way between the internal road network for the project and the existing road network in the adjacent Blue Ridge Mobile Home Park with gated access for emergency vehicles in the location depicted on the GDP. The Applicant shall dedicate said right of way at such tune that a direct public street connection can be made on the adjacent Property. (See 3 on GDP) 12.5 The Applicant shall construct a traffic signal at the intersection of Valley Mill Road and Route 7 prior to issuance of the 76"' building perinit. Construction of said signalized intersection shall include extended turn lanes on east bound and west bound Route 7 if directed by VDOT. 12.6 The Applicant shall contribute to the County of Frederick the suin of $5,000.00 per single family detached unit for transportation improvements in Page 5 of 8 Carriage Park ProfferSlalemerrl the general vicinity of the development, payable upon the issuance of a building permit for each detached unit. 12.7 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 per single family attached unit for transportation unprovements in the general vicinity of the development, payable upon the issuance of a building permit for each attached unit 12.8 If the maxitnurn number of permitted single family attached and detached dwelling units are constructed on the property pursuant to Sections 1.1 through 1.3 of this Proffer Statement, then the monetary contribution to the County pursuant to Sections 12.8 and 12.9 of this Proffer Statement would total $$641,000.00. 13. HISTORIC RESOURCE PROTECTION 13.1 A 100 foot buffer of natural vegetation shall be preserved between VA Route 7 and any future residential lots located on the Property. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities. (See 4 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Tort. 13.3 The Applicant shall establish a 15 foot no cut vegetative buffer along a portion of the southern project boundary with Valley 1\'Ii l Farm LC, as shown on the GDP in order to protect vieNvsheds surrounding the farm buildings. 15. SEVERABILITY 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. Page 6 of 8 Carria,ge Park Proffer Dellemew 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as id contributions shall be in the amounts as applied for by the Applicant, sa stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the tune the contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 8 • 0 Carriage Park Pro§%r Statement Respec By: Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of nC ;ho f , 2006, by I�Qn�fQ ( �il,�tn��e llu My commission e es _ q - .3V Notary Publics `������rrr►rrrr \STI N,q ..�^tiro ni y� • s�, •Q OF =; - •G Page 8 of 8 • • BLUE aaoafi ww TERPAR(�L CAON , ` h PROf FER 12 4 I7FAMILY 19NA ` r O MIwARCa cc 4EGETA7ED BUFFER (PRAM 123) 15.18 Acres EX. ZONING: MHl PROPOSED ZONING. RP D ABRAMS SINGLE FAMILY DET 04ED \-VEGETATm BUFFER 30.26 Acres EX. ZONING: RA PROPOSED ZONING: RP MALL UWT OF NATURAilbEOETANON BUFFER PROACT ENTRANCE o CARRl,4GE PARK Patton, Harris, Rust & Associates, pc p Qco cn GENERLIZED DEl/ELOPMENT PLAN 117 E. Picadilly St, Winchester, Virginia 22601 \o Q VOICE: (540) 667-2139 FAX: (540) 665-0493 0) FREDERICK COUNTY, VIRCINTA Ahk AWL OCT 3 1 2006 1J 0 Caniaxe Park Proffer Statement PROPOSED PROFFER STATEMENT REZONING: RZ. # I2-06 : RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) PROPERTY: 45.44 Acres +/-; Tax Map Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, 55-A-174D (the "Property") RECORD OWNER: Carriage Place, LLC APPLICANT: Carriage Place, LLC PROJECT NAME: Carriage Park ORIGINAL DATE OF PROFFERS: January 25, 2006 REVISION DATE(S): February 2, 2006 May 23, 2006 June 28, 2006 August 10, 2006 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "County") decision granting the rezoning may be contested in the appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the County which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Carriage Park" dated January 5, 2006, as revised on August 9, 2006 (the "GDP"), and shall include the following: Page 1 of 8 0 Carnage Park Proffer Statement 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 165 single family dwelling units. 1.2 The number of single family detached dwelling units to be constructed on the property shall not exceed 73 dwelling units. 1.3 The number of single family attached dwelling units to be constructed on the property shall not exceed 92 dwelling units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement and in substantial conformance with the GDP as approved by the Board. 2.2 Construction of the 165 residential dwelling units shall be phased over a three-year period commencing with the Date of Final Rezoning ("DFR"). The Applicant shall not make application for more than 75 building permits for residential dwelling units per year. 2.3 The above -referenced phasing limitations are cumulative. Notwithstanding any representations to the contrary contained in these Proffers. Should market conditions dictate a slower pace of construction of the residential dwelling units on the Property, the time schedule for total build out of the Property may exceed three years. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $720.00 per single family, detached dwelling unit for capital improvements to capital facilities for fire and rescue facilities and equipment located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family detached unit. 3.2 The Applicant shall contribute to the County of Frederick the sum of $528.00 per single family, attached dwelling unit for capital improvements to capital facilities for fire and rescue facilities and equipment located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 8 0 9 Carriage Park Proffer Statement 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $19,189.00 per single family, detached dwelling unit for capital improvements to public schools located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the County of Frederick the sum of $14,618.00 per single family, attached dwelling unit for capital improvements to public schools located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS & RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $2,136.00 per single family, detached dwelling unit for capital improvements to recreational facilities located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family detached unit. 5.2 The Applicant shall contribute to the County of Frederick the sum of $1,634.00 per single family, attached dwelling unit for capital improvements to recreational facilities located in the Red Bud Magisterial District, payable upon the issuance of a building permit for each single family attached unit. 6.1 The Applicant shall contribute to the County of Frederick the sum of $267.00 per single family, detached dwelling unit for capital improvements to library facilities, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the County of Frederick the sum of $204.00 per single family, attached dwelling unit for capital improvements to library facilities, payable upon the issuance of a building permit for each single family attached unit. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the County of Frederick the sum of $658.00 per single family, detached dwelling unit for capital improvements to public safety facilities and equipment upon issuance of a building permit for each single family detached unit. 7.2 The Applicant shall contribute to the County of Frederick the sum of $503.00 per single family, attached dwelling unit for capital improvements to public safety facilities and equipment upon issuance of a building permit for each single family attached unit. Page 3 of 8 I.J • Carriage Park Proffer Statemont GENERAL GOVERNMENT: 8.1 The Applicant shall contribute to the County of Frederick the sum of $320.00 per single family, detached dwelling unit for capital improvements to general governmental facilities and equipment upon issuance of a building permit for each single family detached unit. 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per single family, attached dwelling unit for capital improvements to general governmental facilities and equipment upon issuance of a building permit for each single family attached unit. 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, including the use of a private refuse collection service to collect the solid waste generated by the residents, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 9.3 The Applicants hereby proffer to establish a start-up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensues the availability of these funds prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start-up funds for the CPHOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or legal fees. Page 4 of 8 • Carriage Park Proffer Statement 10. WATER & SEWER: 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority and the Frederick -Winchester Service Authority. 11. ENVIRONMENT: 11.1 Stormwater management for the Property shall be provided in accordance with all applicable ordinances. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust & Associated, dated May 6, 2005 (the "TIA") and any amendments thereto. The Applicant shall privately fund all transportation improvements required for this project. 12.2 New access points to the Property from Route 7 shall be limited to a single right -in right -out access point in the location depicted on the GDP. Said entrance shall include an eastbound deceleration and acceleration lane and shall meet all applicable County and State regulations. (See 1 on GDP) Upon the completion of the relocation of Valley Mill Road and the future Valley Mill Road connector as shown in the GDP, the new access point mentioned in this proffer may be closed at the direction of the Virginia Department of Transportation and the County of Frederick. 12.3 Applicant shall provide an inter -parcel connector in the location depicted on the GDP to facilitate integration of the Property with future development (See 2 on GDP) and to facilitate the construction of the future Valley Mill road connector. 12.4 The Applicant shall provide a private, gated connection between the internal road network for the project and the existing road network in the adjacent Blue Ridge Mobile Home Park for emergency access in the location depicted on the GDP. (See 3 on GDP) 12.5 The Applicant shall enter into an agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of a left turn lane for Westbound Route 7 at the intersection of Route 7 and Woods Mill Road. If or when, in the opinion of VDOT and the County of Frederick, the turn lane is required, the Applicant shall construct a left turn lane at said intersection within 180 days of receiving written notice Page 5 of 8 • • Carriage Park Proffer Statement from the Virginia Department of Transportation and/or the County of Frederick. 12.6 The Applicant shall enter into an agreement with the Virginia Department of Transportation that is binding for a period of five years from the date of final rezoning approval with an option for an additional five years for the installation of an extended left turn lane for Eastbound Route 7 at the intersection of Route 7 and Valley NO Road to lengthen the existing turn lane located at the intersection. If or when, in the opinion of VDOT and the County of Frederick, the turn lane is required, the Applicant shall construct a left turn lane at said intersection within 180 days of receiving written notice from the Virginia Department of Transportation and/or the County of Frederick. 12.7 The Applicant shall either construct a traffic signal at the intersection of Valley Mill Road and Route 7 prior to issuance of the 76t1 building permit by VDOT and/or the County of Frederick or in the alternative, the Applicant shall contribute $150,000.00 for capital improvements to capital facilities related to transportation improvements in the general vicinity of the development; said lump sum option payable prior to the issuance of the 76th building permit. 12.8 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 per single family detached unit for capital improvements to capital facilities related to transportation improvements in the general vicinity of the development, payable upon the issuance of a building permit for each detached unit. 12.9 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 per single family attached unit for capital improvements to capital facilities related to transportation improvements in the general vicinity of the development. 12.10 If the maximum number of permitted single family attached and detached dwelling units are constructed on the property pursuant to Sections 1.1 through 1.3 of this Proffer Statement, then the monetary contribution to the County pursuant to Sections 12.8 and 12.9 of this Proffer Statement would total $641,000.00. 12.11 It is expressly understood and agreed that any monetary contributions related to transportation provided to the County pursuant to this Proffer Statement may be utilized for revenue sharing and shall be applied as a first priority to funding the construction of the future Valley Mill connector road as shown on the GDP with the second priority to funding the relocation of Valley Mill Road. 13. HISTORIC RESOURCE PROTECTION 13.1 A 100 foot buffer of natural vegetation shall be preserved between VA Route 7 and the limits generally depicted on the GDP. Encroachment of Page 6 of 8 Carriage Park Proffer Statement construction activities in this area shall not be allowed except to construct a roadway entrance and/or necessary utilities. (See 4 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort prior to issuance of the 76'h building permit. 13.3 The Applicant shall establish a 15 foot no cut vegetative buffer along a portion of the southern project boundary with Valley Mill Farm LC, as shown on the GDP in order to protect viewsheds surrounding the farm buildings. 14. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS 14.1 Any portion of the Property may hereafter be dedicated for public street purposes (or otherwise conveyed to a public entity) shall, upon such dedication, be excluded from the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the full force and effect of these proffers. 15. SEVERABILITY 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 8 11 • • • Caiiane Park Pro/%rStatemeut Respe< Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this Zgday of , 2006, byte NV N tJ e i i,n My commission ex ices Notary Public ,111- (�,� Page 8 of 8 Rp ---� \ --� RIGHT-OUT EN ANCE ._ r ca�NEcnoN / .�� \ `` 4 LMNT Of NA VEGE7A710N BUFFER �R�C� 3 (PROFFER 124) SINGLE FAMILY DETACHED 1 \ SINGLE FAMILY ATTACHED ` �� a�D11 �OD1 `-WCETATO BUFFER � - 30.5230 Acres EX ZONING: RA' PR ` D ZONING: RP 4.9196 Acres - ROPE X. ZONING: MH1 OPOSED ZONING: RP �---- �— ABRAMS CARRIAGE PARK Patton, Harris, Rust & Associates, pc o \ \ W GENERUZED DEVELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22601 O a VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, �IRGINIA Jantimy 2006 0._ Carriage Park PROPOSED PROFFER STATEMENT Patrick R. Sowers W-,a,r:.,.,-_�— From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.Ingram@VDOT.Virginia.gov] Sent: Friday, February 23, 2007 7:51 AM To: Patrick Sowers Cc: Ronald A. Mislowsky; Ingram, Lloyd; Copp, Jerry; Alexander, Scott; cperkins@co.frederick.va.us Subject: Carriage Park - Rezoning - Route 7, Frederick County The documentation within the application to rezone this property appears to have significant measurable impact on Route 7. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT has reviewed the transportation proffers offered in the Carriage Park Rezoning Application dated January 25, 2006, revised January 27, 2007 and offers the following comments: * Proffer 12.2: This proffer raises some concern with VDOT, specifically whether there is sufficient crossover spacing between the proposed crossover and the existing Valley Mill/Route 7 crossover. There is also an access management concern as Route 7 is a primary route designed to carry large volumes of traffic efficiently. This proposed crossover would add an additional potential conflict point. This would also result in three possible signalized intersections on Route 7 within 2500'. with no proposed connection to Valley Mill Road, the existing Valley Mill Road and Route 7 crossover would have to remain in place. Currently, VDOT has not determined if the proposed crossover location will be the connection of the future Route 37 south bound ramp. * Proffer 12.3: Acceptable. * Proffer 12.4: VDOT is disappointed this proffer has digressed from an open connection to the Blue Ridge Mobile Home Park to a gated emergency access, thus eliminating residents of the mobile home park the opportunity for access to a safer connection to Route 7. 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. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency - Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 1 0 40 Page 1 of 1 Mike Ruddy From: John Bishop [Jbishop@co.frederick.va.us] Sent: Friday, March 02, 2007 12:11 PM To: 'Mike Ruddy' Subject: Carriage park issues Mike my issues per the new materials you gave me are as follows: 1. They contend that the route 37 ramp with route 7 needs to move outward to where they are showing their entrances. VDOT indicates that either location is below the ideal and would require a design exception. The developer's simple assertion that their proposal is better without being willing to fully study it does not justify impacting additional homeowners for this ramp configuration. 2. The TIA materials do not give any indication of traffic impacts on route 7. 3. The TIA materials do not give any indication of the impacts to the intersection of valley mill and route 7. If this new intersection were to be approve there would very likely need to be improvements and consideration to that location to address potential conflicts and safety issues. 4. In short the proposed plan does nothing more than show they can deliver their homeowners to route 7 without their entrance roadway having below level of service C. It does not in any way appear to address the impacts of their development on the county road system beyond this entrance roadway. This includes impacts to route 7 itself, not to mention the surrounding road system and nearby entrances. 5. Based upon testimony before the Board of Supervisors by the property owners to the south (perhaps worth quoting the minutes), staff has no reason to believe that the proposed connection to existing valley mill across that property can ever take place. 6. The gated access to the mobile home park is unacceptable, VDOT also mentions this concern. I know they are probably worried about sales with this, so perhaps we could work something out where it is gated for a time, but that goes away. 7. 1 don't know if the conversation on their part is still that the roadway their proposing is to replace our plan for valley mill. If so, I would argue that the 50 right of way is insufficient. Even if we were to agree that with the surrounding system two lanes is enough there will still need to be turn lanes for their subdivision streets and the intersection with 7. 8. Once again I would state that if this is the new relocated valley mill there will also need to be bike and pedestrian accommodations. a John A. Bishop, AICP Transportation Plam-ler Frederick County Planning & Development 107 North Kent St, Suite 202 Winchester, VA 22601 Ph: 540-665-5651 F: 540-665-6395 jbishop@co.frederick.va.us 3/5/2007 L� HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) 7 a 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 540-652-4304 NAMES A. KLENKAR E-MAIL lawyers@hallmonahan.com STEVEN F. JACKSON October 23, 2006 DENNIS J. MCLOUGHLIN, JR. HAND DELIVERED Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 Re: Carriage Park Proffer Statement Dear Mike: PLEASE REPLY TO: P. O. Box 848 WINCHESTER, VIRGINIA 22604-0848 I have reviewed the above -referenced Proposed Proffer Statement. It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. The Proffer Statement makes reference to a Generalized Development Plan. While I had a copy of a Generalized Development Plan dated January 1, 2006, when I reviewed a prior version of the Proffer Statement by my letter dated April 3, 2006, I do not have a copy of the Generalized Development Plan as revised on August 10, 2006, so I was unable to refer to that revised Generalized Development Plan in this review. • L __I HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy October 23, 2006 Page 2 2. The words "and shall include the following:" should be deleted from the end of the second paragraph on page 1 of the Proffer Statement. 3. While Proffer 2.1 refers to a "proffered GDP", for clarity I would recommend that there be a separate proffer which states that the development of the property will be in substantial conformity with the GDP. 4. I would recommend that Proffers 2.2 and 2.3 be combined into a single proffer which would state as follows: "Construction of the 165 residential dwelling units shall be phased over a minimum three-year period comrnencing with the Date of Final Rezoning ("DFR"). The Applicant shall not make application for more than 53 building permits for residential dwelling units per year, conunencing with the DFR, provided that this limitation shall be cumulative, but provided, further, that the Applicant shall not, in any event, make application for more than 75 building permits in any 12-month period." 5. In the monetary proffers referenced in Proffers 3, 4, 5, 6, 7, and 8, and in 12.7, 12.8, and 12.9, I question the use of the terminology that the proffer is "for capital improvements to capital facilities for ". This may imply that the proffers are only available for improvements to existing capital facilities. It is my recommendation that the language of the monetary proffers merely designate the category for the use of the monetary proffer. For example, the monetary proffer for schools would merely state "for school purposes". The Frederick County Fiscal Impact Model and the provisions of the Code of Virginia determine how monetary proffers for various categories can be expended. 6. The monetary proffers for schools and parks and recreation should not be limited to schools and recreation facilities located in the Red Bud Magisterial District. • • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy October 23, 2006 Page 3 7. The intent of Proffer 9.3 is unclear to me. I understand the concept of establishing a start-up fund for a property owners' association, but I do not understand the provision in the second sentence of making those funds available prior to the transfer of ownership and maintenance responsibility from the applicants to the property owners' association. This would seem to be saying that the applicants can establish a start-up fund, and then use it themselves before they turn the facilities over to the property owner's association. It should be made clear that these funds will be available to the property owner's association only. 8. As to Proffer 11.1, I would refer to the stormwater management proffer from the earlier Proffer Statement for this project. I question why this proffer has been revised in this mamler. The proffer, as currently stated, is really not a proffer because it is not proffering to do anything more than what is required by ordinance. 9. In Proffer 12.1, it is proffered that transportation improvements shall be designed and constructed consistent with a specific TIA "and any amendments thereto." The specific date of those amendments need to be identified in order for this proffer to be enforceable. Further, I question the meaning of the last sentence of this proffer. There are certain transportation improvements which are specifically delineated in the Proffer Statement to be the responsibility of the Applicant. Is this last sentence talking about transportation improvements other than those delineated in this Proffer Statement? If so, who determines whether a transportation improvement is "required" for this project? If this is referring to transportation improvements on the site, as opposed to off -site, the statement is not necessary since that would be the obligation of the Applicant in any event. 10. In Proffer 12.2, I question whether the word "may" in the last sentence should be "shall". 11. With respect to Proffers 12.5 and 12.6, it should be noted that this is a project in which the Applicant is anticipating a three-year build out. The proffers in 12.5 and 12.6 address improvements which the Applicant may need to do as far as 10 years in the future. By that time, this Applicant (which is a limited liability • • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy October 23, 2006 Page 4 company and which may have no assets other than this Property, which may be developed and sold in 10 years) may not even be in existence or have any assets in 10 years. Therefore, consideration should be given to the appropriateness of a bond being provided for a period of 10 years in the event the need for the subject improvements is determined. 12. In Proffer 12.7, it needs to be delineated as to who has a right to choose among the two alternatives. 13. Proffer 12.10 is not a proffer, but merely a mathematical calculation. 14. Staff should particularly review the provisions of Proffer 12.11 to deterinine it applicability and appropriateness. 15. In Proffer 13.1, I do not understand what is being referred to by the word "limits" in the first sentence. Further, the width of the buffer needs to be specified. 16. In Proffer 13.2, I would suggest that the last sentence be revised to read "an easement for operations and maintenance, acceptable to the Virginia Civil War Trail Program, shall be provided to the Civil War Trail Program for this use." 17. I do not understand the need or reason for Proffer 14.1, and unless that can be demonstrated, this proffer should be deleted. 18. In Paragraph 17.1, I am not sure that the provision that the cap of 4% per year be non -compounded is appropriate as a CPI is normally applied to show the increase in the index over the prior year's index. 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. • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy October 23, 2006 Page 5 me. If there are any questions concerning the foregoing continents, please contact Very truly yours, Robert T. Mi RTM/ks • 0 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 e Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-639.5 FAX TRANSMISSION TO: COMPANY: ... Pa e—l� FAX #: '� 6 S-- 6 7 '�2 Remarks: Date: �� �— Number of Pages (including cover sheet) From the desk of: iP, Communication Result Report Oct, 4,0006 10:19AM x * x a ( 2 ) Fax Header) Date/Time: Oct.24, 2006 10:17AM File Page No. Mode Destination Pg(s) Result Not Sent ---------------------------------------------------------------------------------------------------- 4839 Memory TX 96650493 P. 6 OK ---------------------------------------------------------------------------------------------------- Reason for error E.1) Hang uo cr line fail E.2) Busy E.3) No answer E.4) No facsimile connection E. 5) Ex c e e d e d m a x. E—mail size COUNTY of FREDERICK Departavmt of PUM=g and Devdapmt 107 North Kmt Strati Suitc 202 . Winchcatc, Virginia 22601-50W — Tdephor=. 54W665-5651 FAX:540/665-6395 FAX TRANSMISSION ,n -- �� Dk: , q N—bc orip" (ndudiaa �w A.) FAX 6: � 6 S' D T C.� Remarks From the desk of 67- COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 it 3, 2006 Mr. Patrick Sowers Patton Harris Rust & Associates . 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Preliminary Comments — Carriage Park Rezoning Application Dear Patrick Thank you for forwarding to this office the Carriage Park rezoning application materials for our continued review. The TIA for this project is dated May 6, 2005, and the version of the proffer statement is dated February 2, 2006. The following letter is offered to assist you as you continue to address the issues associated with this rezoning application. Please also consider all comments previously offered by Mike Ruddy during various meetings on this project over the past few months. As customary, 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. 1) Preliminary Matters a) The Code of Virginia, Section 15.2-2204.C. requires that the CEO of the adjacent locality is notified if the property is within 1/2 mile of the boundary of the adjoining locality. Please demonstrate if this provision of the State Code is applicable with this application. 2) Impact Analysis and Proffer Statement a) The introduction to the project in the impact statement identifies a specific mix of housing types (69 single family detached, and 92 single family attached/ townhouse units). The TIA is based on a mix of 53 single family detached and 94 townhouses. The proffer statement simply states that the property will be developed to accornmodate a maximum of 165 single family dwellings, types excluded. Please provide clarification and consistency between these three documents (Impact Statement, TIA, and Proffer Statement). b) Please provide clarification as to what elements of the GDP are proffered. The 1 proffer statement states a maximum of 165 single family units, while the GDP offers a housing mix which totals 161 residences. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Mr. Patrick Sower 0 RE: Preliminary Comments - Carriage Park Rezoning Application August 3, 2006 Page 2 of 4 c) It is more appropriate, and indeed necessary, to identify and address the environmental features that exist on this site as part of the rezoning exercise. Areas with enviromlental constraints may exist on the property that warrant particular attention and should be a consideration of the rezoning application. In particular, there appears to be areas with critical slope and drainage issues on the property. d) Access to this property is described to be via a new entrance on Route 7. Route 7 is an arterial roadway with speed limits of 55 MPH. Establishment of a new entrance onto Route 7 is strongly discouraged. As you are aware, efforts are underway to enhance and relocate Valley Mill Road so that it serves as a major collector roadway. This enhancement will provide for a more efficient transportation network, providing an important link between Senseny Road and Route 7, by way of Haggerty Boulevard. All efforts should be made to implement a safer and more efficient use of Valley Mill Road as the primary access route to the proposed development. e) The proffer statement, in addressing transportation, states that the applicant will privately fund all transportation improvements required for this project. It would be appropriate to identify these improvements within the proffer statement. f) The proffer statement (12.2) describes the right-in/right-out entrance on Route 7. A deceleration lane is offered, but not an acceleration lane. In considering that the traffic on this segment of Route 7 travels at speeds exceeding 55 MPH, it seems appropriate to consider extended length deceleration and acceleration land controls. g) While proffer statement 12.4 offers a gated inter -parcel connector with the adjacent mobile home park, it may be appropriate to offer flexibility in this inter - parcel connection in the event that the mobile home park is redeveloped into a compatible use in the future that would benefit from access through the proposed development. Such a connection would further promote limited and safe access to Route 7. h) The Carriage Park application is adjacent to several developed subdivisions, properties with pending development proposals, and other undeveloped properties. Opportunities for additional inter -parcel connectivity should be evaluated and pursued with this application. In particular, to the property to the southwest. Residential development of this intensity requires pedestrian accommodations. Interparcel pedestrian connectivity should also be a consideration of this application. i) I understand that the applicant intends to offer a fiscal contribution to offset identified road improvements associated with this project. It is important to recognize in the application that, based upon the open mix (not proffered) of 0 Mr. Patrick Sowers• RE: Preliminary Comments - Carriage Park Rezoning Application August 3, 2006 Page 3 of 4 residential uses proposed in the application, 165 single family attached units would be permitted. This would generate $495,000, as opposed to the $600,000 that has been mentioned during recent discussions. At issue is whether these contributions are adequate to address impacts generated by the development proposal. Clarification should also be considered as to how the transportation funds could be utilized to improve transportation impacts generated by this proj ect. j) Consistent with County policy, it would be appropriate to ensure that any proffered transportation improvements associated with the application are provided at the beginning of the project. Any monetary contribution should be provided prior to the onset of the project and not at the time of individual building permit issuance. k) Water and wastewater evaluations provided in the impact statement should be viewed in relationship to other previously approved projects within the County. A combined and updated figure for water resources and wastewater capacity would be beneficial when determining the adequacy of the capacity and resources. 1) Recent rezoning applications have proffered that a private refuse collection service will be used to collect the solid waste generated by their particular project. It would be desirable for this application to consider such an approach. This is beneficial, as it potentially reduces the individual usage of the County's convenience sites. Reference to the number of single family attached units in the Solid Waste Disposal section should be removed unless the applicant is willing to proffer a specific mix of residential uses. I understand that modifications to the transportation proffers are forthcoming. Based on our discussion on July 28t", it is expected that the transportation component of this application will address: a demonstrated attempt to work with neighboring property owner on accessing Valley Mill Road from the proposed development; clarification as to when the proposed development entrance onto Route 7 would be closed or restricted; signalization and lane improvements or contributions you offered for a traffic signal at Route 7 and Valley Mill Road; and the linkage between the Carriage Park proposal and the other development applications your firm represents along the re -aligned Valley Mill Road corridor. Upon receipt of these written modified transportation components, staff will offer review comments on the same. Once you have addressed the above issues, as well as secured approval comments from the review agencies, it would be appropriate to formally submit this rezoning petition for consideration through the public hearing process. Formal submissions include all ? agency comment sheets, fully executed applications, proffer statements, Power of Attorneys, and review fees. Please refer to the rezoning application process for a complete listing of the elements necessary for formal application submission. Mr. Patrick Sowero is RE: Preliminary Comments - Carriage Park Rezoning Application August 3, 2006 Page 4 of 4 Please feel free to contact Mike Ruddy, Deputy Planning Director, at any time regarding the above comments or the application in general. I look forward to continuing our participation in the review of this application. Sinc)rely, a I A Er cVLawrence Planning Director ERL/bad cc: Clifford Athey Mince Ruddy, Deputy Planning Director C HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) 7 s 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 July 24, 2007 DENNIS J. MCLOUGHLIN, JR. HAND -DELIVERED Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 Re: Carriage Park (Carriage Place, LLC) Proffer Statement -- Revised June 29, 2007 Dear Mike: PLEASE REPLY TO. P. O. Box 648 WINCHESTER, VIRGINIA 22604-0848 JUL 24 I have previously reviewed three Proffer Statements for this project: (1) Proposed Proffer Statement revised through February 2, 2006, reviewed in my proffer review letter dated April 3, 2006, (2) Proposed Proffer Statement revised through June 28, 2006, reviewed in my proffer review letter dated October 23, 2006, and (3) Proposed Proffer Statement revised through January 25, 2007, reviewed in my proffer review letter dated March 21, 2007. I have reviewed the current above -referenced Proposed Proffer Statement. It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. I note that Paragraphs 1 through 11 of the current Proposed Proffer Statement are substantially the same as the last Proposed Proffer Statement which I reviewed, with the exception that Paragraph 1.1 includes a provision for a maximum HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy July 24, 2007 Page 2 number of dwelling units, and the monetary proffers in Paragraphs 3 through 7 vary somewhat from the monetary proffers set forth in the previous Proposed Proffer Statement. 2. In Paragraph 12.1, I would reconunend that the words "by Applicant" be inserted after the word "constructed". 3. With respect to Paragraph 12.2, the staff needs to detennine if it is comfortable with road improvements being "as directed by VDOT", or whether the specific improvements are known at this time and should be described in the proffer. 4. With respect to the possible future road improvements "if directed by VDOT" referenced in Paragraph 12.3, I would recommend that the second sentence be worded to state: "Applicant shall design and construct extended turn lanes on eastbound and/or westbound Route 7 at the signalized intersection, if directed by VDOT." 5. I would reconunend that Paragraph 12.5 be reworded to state as follows: "The Applicant shall reserve the portion of the Property as depicted on the GDP for any future transportation improvements deemed needed by VDOT. Said reserved area shall be shown on the recorded deed of dedication to indicate that this area shall be available at no cost to Frederick County and/or VDOT should future transportation improvements be needed on this portion of the Property. The Applicant agrees to dedicate and convey to VDOT or the County such area in the reserved area as may be requested by VDOT or the County, within 30 days of the written request from VDOT or the County. The identified reserved area shall be permitted to count towards the required open space for the Property." 6. As any given proffer could be central to the board's approval of a proffered rezoning, I would recommend that Paragraph 15 be deleted. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy July 24, 2007 Page 3 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. In particular, I have not undertaken to comment upon the appropriateness of the specific transportation improvements as I assume that that will be done by the staff, engineers for the County, and/or VDOT. If there are any questions concerning the foregoing continents, please contact me. ery truly yours, Robert T. Mitckell, 0. RTM/ks COUNT of Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 TO: Bob Mitchell FROM: Michael T. Ruddy, AICP� Deputy Director r RE: Rezoning Application Proffer Statements DATE: May 21, 2007 Please find attached to this memorandum the proffer statement from the Carriage Park rezoning application, RZ#12-06. This revised proffer statement was submitted prior to the Planning Commission meeting on May 16, 2007. The Planning Commission recommended denial of this application for a variety of reasons; including concerns with the timing and content of the revised proffer statement. This request will go to the Board of Supervisors on June 13, 2007. We would appreciate your 3rd review of the Proffer Statement with particular attention being paid to Section 12, Transportation, and Section 18, Road Abandonment. I have attached the previous version of the proffer statement for your comparison. Thank you for your continued assistance. cc: John Riley, Jr., County Administrator Attachment MTR/bad 107 North Kent Street, Suite 202 Q Winchester, Virginia 22601-5000 i G1 �� �. �/� f 0 . % /✓10 �" Y � �%� l c o� ✓✓� cn� �C CAL , �c Mike Ruddy .i�1 From: Patrick R. Sowers [Patrick. Sowers@phra.com] Sent: Wednesday, May 16, 2007 8:38 AM To: 'Ingram, Lloyd' Cc: 'Copp, Jerry'; 'Alexander, Scott'; 'Eric Lawrence'; 'Mike Ruddy' Subject: RE: Carriage Park - Rezoning Lloyd, I'm not sure why you did not receive my e-mail after our phone conversation yesterday. As we discussed, our intent is to construct an entrance at Route 7 including a crossover and provide for signalization of the new intersection. We are certainly willing to commit to these items at tonight's meeting and will revise the Proffer Statement accordingly prior to any final vote by the Board of Supervisors. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com -----Original Message ----- From: Ingram, Lloyd[mailto:Lloyd.Ingram@VDOT.Virginia.gov] Sent: Wednesday, May 16, 2007 9:12 AM To: Patrick R. Sowers Cc: Copp, Jerry; Alexander, Scott; Eric Lawrence; Mike Ruddy Subject: Carriage Park - Rezoning Patrick, After our phone conversation yesterday afternoon identifying the questions the latest revision of the proffers had raised with VDOT staff I had hoped that I would have received a response by now. Currently I have several meting scheduled for today and will be away from my desk and therefore felt that an email was appropriate to relay the concerns. Due to the short time I have had to review this new document I will restrict my comments to the 2 major traffic safety concerns. 1. Between the revised proffers and the revised Generalized Development Plan it is not clear if the intention is to utilize a right -in/ right -out entrance. Previous submittals identified a cross -over on Route 7 to be built, by the developer, at the entrance site to provide a safe ingress/egress for the residents of Carriage Park. A right -in / right -out entrance on Route 7 will not be supported by VDOT. 2. Previous Generalized Development plans noted a traffic signal at the Route 7 connection and this dose not appear on the latest Generalized Development plan. Regards, Lloyd A. Ingram Transportation Engineer VDOT - Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 1 Cl Patrick R. Sowers From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.Virginia.gov] Sent: Friday, February 23, 2007 7:51 AM To: Patrick Sowers Cc: Ronald A. Mislowsky; Ingram, Lloyd; Copp, Jerry; Alexander, Scott; cperkins@co.frederick.va.us Subject: Carriage Park - Rezoning - Route 7, Frederick County The documentation within the application to rezone this property appears to have significant measurable impact on Route 7. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT has reviewed the transportation proffers offered in the Carriage Park Rezoning Application dated January 25, 2006, revised January 27, 2007 and offers the following comments: * Proffer 12.2: This proffer raises some concern with VDOT, specifically whether there is sufficient crossover spacing between the proposed crossover and the existing Valley Mill/Route 7 crossover. There is also an access management concern as Route 7 is a primary route designed to carry large volumes of traffic efficiently. This proposed crossover would add an additional potential conflict point. This would also result in three possible signalized intersections on Route 7 within 2500'. With no proposed connection to Valley Mill Road, the existing Valley Mill Road and Route 7 crossover would have to remain in place. Currently, VDOT has not determined if the proposed crossover location will be the connection of the future Route 37 south bound ramp. * Proffer 12.3: Acceptable. * Proffer 12.4: VDOT is disappointed this proffer has digressed from an open connection to the Blue Ridge Mobile Home Park to a gated emergency access, thus eliminating residents of the mobile home park the opportunity for access to a safer connection to Route 7. 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. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency - Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 1 0 • Page 1 of 1 John Bishop From: Alexander, Scott [Scott.Alexander@VDOT.Virginia.gov] Sent: Wednesday, March 07, 2007 10:33 AM To: Bishop, John A. Cc: Ingram, Lloyd; Funkhouser, Rhonda; 'Eric Lawrence' Subject: Carriage Park Ramp Proposal John: To follow-up on/clarify our conversation on the proposed Carriage Park ramp location: • By moving the proposed southbound (SB) ramps to the west, the geometrics of the on -ramp improve slightly. However, a design exception would likely still be required, as it still does not meet the 70% mainline design speed geometry. . The proposal negatively impacts the SB off -ramp, inducing a tighter -radius reverse curve and possibly requiring a new design exception not previously required. In general terms, I would expect that it would be more difficult to mitigate the new off -ramp design exception (decelerating from 65 mph into curve) versus mitigating the onramp (entering curve from turn movement off Rt. 7). Additional right-of-way may be necessary to compensate. . While the relocated ramp would eliminate a box culvert, it would increase the amount of property takings/condemnation required in the subdivision opposite of Carriage Park. . The new location results in a crossover spacing (Carriage Park road, Valley Avenue) of approximately 750', much less than the minimum desirable spacing of at least 1,000 feet. In light of the above, I find it difficult to describe the proposal as "beneficial". If you have any questions or would like to discuss further, don't hesitate to give me a call. Scott Scott Alexander Assistant Residency Administrator VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone: 540-984-5605 Fax: 540-984-5607 3/7/2007 0 i Ronald A. Mislowsky From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.Ingram@VDOT.Virginia.gov] Sent: Friday, September 29, 2006 1:46 PM To: 'Ronald A. Mislowsky' Cc: Copp, Jerry; Ingram, Lloyd; 'Clifford L. Athey Jr. (clay@npaalaw.com)'; 'Eric Lawrence' Subject: Carriage Park - VDOT Comments to Rezoning The documentation within the revised application to rezone this property appears to have significant measurable impact on Route 7 and 659. These route are the VDOT roadways which has been considered as the access to the property referenced. VDOT offers the following comments on the recent revised transportation proffers: Safety - The removal of the street tie-in at Route 7 is a positive step for the safety of the public traveling Route 7 as well as the home owners of the proposed subdivision. While the proposed new location for the entrance into this subdivision will be via Route 659 is adequate, it does not address the County's ultimate design of the Eastern Road Plan. This would allow the traffic generated from this subdivision to utilize Route 7 via the relocated Route 659 and the proposed Haggerty Boulevard. Section 12.1 - Agree. Section 12.2 - Agree. If this roadway is planned to be taken into the State's system there appears to be some possible environmental issues that will need to be fully addressed to the satisfaction of the appropriate agency prior acceptance. Section 12.3 - While agreeing with the proposal, the location of this inter -parcel connector should be located at a spot that appears more conducive to fulfilling the long rerm transportation plans of the County. This includes the logical access point to the -relocated Valley Mill Road from this property. Section 12.4 - Additional clarification is requested on this issue as the submitted document is somewhat vague in the description of the connection to Blue Ridge Mobile Home Park roadway's typical cross section and location and composition. Section 12.5 - The proposed street tie-in at Route 659 (Valley Mill road), while a bit of an engineering challenge is the better location for the movement of traffic to and from the subdivision. The Section 12.5 proffer offers the signalization of the intersection of Route 7 and Route 659 along with improvements to the exiting lanes. Be advised that the intersection will need to meet all current VDOT standards in place at the time of "Road Plan Approval". The terms of when the signal would be required would be better stated as "when the intersection meets signal warrants as determined by VDOT the signal will be installed within 120 days". Section 12.6 - Agree. Section 12.7 - Agree. Section 12.8 - Agree. Section 12.9 - Agree. Long Term - There is some hesitation in fully supporting this rezoning due to it's potential impact on the long term transportation goals identified in the Frederick County Eastern Road Plan. While a significant amount of money is being pledged to the County for road improvements, once the rezoning is approved in its current format the incentive for the developer to participate in the relocation of Valley Mill Road will become a mute �oint . 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 1 right-of-way needs, inclu'ong site roadway improvements and must be covered under a land requires an inspection fee an Lloyd A. Ingram Transportation Engine VDOT - Edinburg Resid Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) right-of-way dedications, traffic drainage. Any work performed on se permit. This permit is issued surety bond coverage. signalization, and off - the State's right-of-way by this office and • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 3, 2006 Mr. Patrick Sowers Patton Harris Rust & Associates. 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Preliminary Comments — Carriage Park Rezoning Application Dear Patrick: Thank you for forwarding to this office the Carriage Park rezoning application materials for our continued review. The TIA for this project is dated May 6, 2005, and the version of the proffer statement is dated February 2, 2006. The following letter is offered to assist you as you continue to address the issues associated with this rezoning application. Please also consider all comments previously offered by Mike Ruddy during various meetings on this project over the past few months. As customary, 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. 1) Preliminary Matters a) The Code of Virginia, Section 15.2-2204.C. requires that the CEO of the adjacent locality is notified if the property is within 1/2 mile of the boundary of the adjoining locality. Please demonstrate if this provision of the State Code is applicable with this application. 2) Impact Analysis and Proffer Statement a) The introduction to the project in the impact statement identifies a specific mix of housing types (69 single family detached, and 92 single family attached/ townhouse units). The TIA is based on a mix of 53 single family detached and 94 townhouses. The proffer statement simply states that the property will be developed to accommodate a maximum of 165 single family dwellings, types excluded. Please provide clarification and consistency between these three documents (Impact Statement, TIA, and Proffer Statement). b) Please provide clarification as to what elements of the GDP are proffered. The proffer statement states a maximum of 165 single family units, while the GDP offers a housing mix which totals 161 residences. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Patrick Sower RE: Preliminary Comments - Carriage Park Rezoning Application August 3, 2006 Page 2 of 4 c) It is more appropriate, and indeed necessary, to identify and address the environmental features that exist on this site as part of the rezoning exercise. Areas with environmental constraints may exist on the property that warrant particular attention and should be a consideration of the rezoning application. In particular, there appears to be areas with critical slope and drainage issues on the property. d) Access to this property is described to be via a new entrance on Route 7. Route 7 is an arterial roadway with speed limits of 55 MPH. Establishment of a new entrance onto Route 7 is strongly discouraged. As you are aware, efforts are underway to erihance and relocate Valley Mill Road so that it serves as a major collector roadway. This eifliancement will provide for a more efficient transportation network, providing an important link between Senseny Road and Route 7, by way of I3aggerty Boulevard. All efforts should be made to implement a safer and more efficient use of Valley Mill Road as the primary access route to the proposed development. e) The proffer statement, in addressing transportation, states that the applicant will privately fiend all transportation improvements required for this project. It would be appropriate to identify these improvements within the proffer statement. f) The proffer statement (12.2) describes the right-in/right-out entrance on Route 7. A deceleration lane is offered, but not an acceleration lane. In considering that the traffic on this segment of Route 7 travels at speeds exceeding 55 MPH, it seems appropriate to consider extended length deceleration and acceleration land controls. g) While proffer statement 12.4 offers a gated inter -parcel connector with the adjacent mobile home park, it may be appropriate to offer flexibility in this inter - parcel connection in the event that the mobile home park is redeveloped into a compatible use in the Riture that would benefit from access through the proposed development. Such a comzection would further promote limited and safe access to Route 7. h) The Carriage Park application is adjacent to several developed subdivisions, properties with pending development proposals, and other undeveloped properties. Opportunities for additional inter -parcel connectivity should be evaluated and pursued with this application. In particular, to the property to the southwest. Residential development of this intensity requires pedestrian accommodations. Interparcel pedestrian connectivity should also be a consideration of this application. i) I understand that the applicant intends to offer a fiscal contribution to offset identified road improvements associated with this project. It is important to recogiuze in the application that, based upon the open mix (not proffered) of 0 . • Mr. Patrick Sowers RE: Preliminary Comments - Carriage Park Rezoning Application August 3, 2006 Page 3 of 4 residential uses proposed in the application, 165 single family attached units would be permitted. This would generate $495,000, as opposed to the $600,000 that has been mentioned during recent discussions. At issue is whether these contributions are adequate to address impacts generated by the development proposal. Clarification should also be considered as to how the transportation funds could be utilized to improve transportation impacts generated by this project. j) Consistent with County policy, it would be appropriate to ensure that any proffered transportation improvements associated with the application are provided at the beginning of the project. Any monetary contribution should be provided prior to the onset of the project and not at the time of individual building permit issuance. k) Water and wastewater evaluations provided in the impact statement should be viewed in relationship to other previously approved projects within the County. A combined and updated figure for water resources and wastewater capacity would be beneficial when determining the adequacy of the capacity and resources. 1) Recent rezoning applications have proffered that a private refuse collection service will be used to collect the solid waste generated by their particular project. It would be desirable for this application to consider such an approach. This is beneficial, as it potentially reduces the individual usage of the County's convenience sites. Reference to the number of single family attached touts in the Solid Waste Disposal section should be removed unless the applicant is willing to proffer a specific mix of residential uses. I understand that modifications to the transportation proffers are forthcoming. Based on our discussion on July 28t", it is expected that the transportation component of this application will address: a demonstrated attempt to work with neighboring property owner on accessing Valley Mill Road from the proposed development; clarification as to when the proposed development entrance onto Route 7 would be closed or restricted; signalization and lane improvements or contributions you offered for a traffic signal at Route 7 and Valley Mill Road; and the linkage between the Carriage Park proposal and the other development applications your firm represents along the re -aligned Valley Mill Road corridor. Upon receipt of these written modified transportation components, staff will offer review comments on the same. Once you have addressed the above issues, as well as secured approval comments from the review agencies, it would be appropriate to formally submit this rezoning petition for consideration through the public hearing process. Formal submissions include all agency comment sheets, fully executed applications, proffer statements, Power of Attorneys, and review fees. Please refer to the rezoning application process for a complete listing of the elements necessary for formal application submission., 0 Mr. Patrick Sowers • RE: Preliminary Comments - Carriage Park Rezoning Application August 3, 2006 Page 4 of 4 Please feel free to contact Mike Ruddy, Deputy Planning Director, at any time regarding the above comments or the application in general. I look forward to continuing our participation in the review of this application. Sinedrely, d Er c Lawrence Plaiming Director ERL/bad cc: Clifford Athey Mike Ruddy, Deputy Planning Director M FIF COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 TO: Bob Mitchell FROM: Michael T. Ruddy, AICP Deputy Director RE: Rezoning Application Proffer Statements DATE: July 10, 2007 Please find attached to this memorandum the proffer statement from the Carriage Park rezoning application, RZ#12-06. This revised proffer statement was recently re -submitted in anticipation of the upcoming Board of Supervisors meeting on July 25, 2007. The Planning Commission recommended denial of this application for a variety of reasons, including concerns with the timing and content of the revised proffer statement. We would appreciate your 3d review of the Proffer Statement with particular attention being paid to Section 12, Transportation. I have attached the previous version of the proffer statement for your comparison. Also attached for your review is the revised proffer statement from the Haggerty rezoning application RZ#04-07. This request is to amend the proffer statement as it relates to transportation improvements and the GDP. The Board of Supervisors is scheduled to also review and hold a public hearing on this application on July 25, 2007. Thank you for your continued assistance. cc: John Riley, Jr., County Administrator Attachments MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 M • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892-1972) 7 a 307 EAST MARKET STREET 9 EAST BOSCAWEN STREET THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA 0. LELAND MAHAN TELEPHONE 703-777-1050 TELEPHONE 540-662-3200 ROBERT T. MITCHELL, JR. FAx 540-662-4304 JAMES A. KLENKAR E-MAIL lawyers@hallmonahan.com STEVEN F. JACKSON March 21, 2007 DENNIS J. MCLOUGHLIN, JR. HAND DELIVERED Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 PLEASE REPLY TO: P. O. Box 846 WINCHESTER, VIRGINIA 22604-0848 Re: Carriage Park Proffer Statement - Revised January 25, 2007 Dear Mike: I have previously reviewed two proposed Proffer Statements for this project: (1) Proposed Proffer Statement revised through February 2, 2006, reviewed in my proffer review letter dated April 3, 2006, and (2) Proposed Proffer Statement revised through June 28, 2006, reviewed in my proffer review letter dated October 23, 2006. I have reviewed the current above -referenced Proposed Proffer Statement. It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. This Proffer Statement has satisfactorily addressed the comments in paragraphs 1-9, inclusive, of my October 23, 2006 proffer review letter. 2. I have a question about the wording of the second sentence of • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy March 21, 2007 Page 2 paragraph 12.2. The Proffer is addressing the signalized entrance to the property. The second sentence says that that entrance and signal shall be designed and constructed with "improvements as necessary on Route 7 to accommodate the future construction of the Route 37 ramp..." Are the details of those improvements known at this time? If so, the improvements should be described in detail or by reference to a plan showing the improvements. 3. In Proffer 12.3, I would recommend that words "and located" be inserted after the word "designed" in the second sentence of Proffer 12.3. 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 review will be done by the staff and the Planning Commission. In particular, I have not undertaken to comment upon the appropriateness of the transportation improvements as I assume that that will be done by the staff, engineers for the County, and/or VDOT. If there are any questions concerning the foregoing comments, please contact me. ery truiy)yours, Robert T. Mitclf ell.Ar. RTM:Ifw From: Cunk.t)ouser, Rhonda 0ilto:Rhonda.Funkhouser@VDOT.Vionia.gov] On Bffia'.,,_ Of Ingramn, Lloyd Sent: Thursday, August 24, 2006 8:38 AM To: 'clay@npaalaw.com' Cc: Copp, Jerry; 'Eric Lawrence'; Bishop, John A.; Ingram, Lloyd Pubject: Carriage Park - VDOT Response to Rezoning Request Mr. Athey, I have reviewed your proffer statement dated August 10, 2006 and offer the following comments: * With the volumes of traffic currently utilizing Route 7, existing access points and the additional traffic generated by this site, the Residency feels access to this site provided through the Valley Mill Connector with no direct connection to Route 7 is needed. * Item 12.7: The Residency suggests the wording be clarified on this proffer to reflect construction within 180 days of written request by VDOT. We feel this would insure the installation of the traffic signal based on traffic conditions. * Item 12.11: Residency suggests more flexibility should be provided to the County to meet overall transportation needs in this area of the County. The applicant has been open to addressing the needs of the transportation issues arising from this proposed development. However, we are concerned that within the context of the proffers, the desire of the Residency and County to connect this subdivision to Route 7 !ria the Valley Mill Road Relocation, while mentioned, it does not appear to be a priority. The application is requesting full build -out regardless of completing the connection to Valley Mill Road. We look forward to reviewing your next submittal. Lloyd A. Ingram Transportation Engineer VDOT - Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 1 0 Fire and Rescue Company — First Responder 7TN.- f Fire & Rescue C . ny tlddress Rt nc d Station ixe.& Rescue Co. P. 3 7 Chief )c W'nchE SO4 1' '��C� (540) 7-1335 f_.s c.�xc.Cf ✓4Tl• �c�'�. �F �a_ t�0 1-3o)L .�� 3 N �r pplteaigt " Please Ii out ti>e information as. acci ately,as possiblc-in order to assist the Fire and sCue Squad�w�tl�,thzir review. Attach, a.co :rate p�`;°�Y K;application form, location map, proffer nency rmpact�naAysis, and any other pertinent information . Applicant's Name: Patton Harris Rust &.A sociates- c/o Patrick Sowers Mailing Address: 117 E_ Piccadilly Street, Suite 200 Winchester VA 22ti01 Location of Property: Phone: 5540) 567.2139 South & adjacent to Route T,-east & adjacent to Blue Ridge Mobilc Home Park Current Zoning: ltA, NiH-1 Zoning Requested: RP Acreage: 45.4426 Fire and Rescue Cbtttpany's Comments Fire & Rescue Company's Signature & Date: , Notice to Fire & Rescue Company — Please Return This Form to the Applicant is Id Wd0S:60 900E Lz 'add ZTb6Z990t7S : 'ON Xtjd 1N3WidUd3Q 361d QOOMN33dg : W06A March 8, 2006 Mr. Patrick Sowers Patton Harris Rust & Associates, p.c. 117 E. Piccadilly Street Winchester, Virginia 22601 RE: Carriage Park Rezoning Frederick County, Virginia Dear Patrick: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 We have completed our review of the proposed rezoning application for the Carriage Park subdivision and offer the following comments: 1. Refer to Summary and Justification: The summary references proposed single family residential development of 165 dwellings. This number does not correspond to the generalized development plan which indicates 161 dwellings. 2. Refer- to Site Suitability: The table summarizing environmental features indicates no wetlands and no steep slopes. Based on our site visit and review of applicable topographic surveys, it appears that both of these conclusions are incorrect. A wetlands study should be performed prior to the master development plan submittal with copies. furnished to the Corps of Engineers for their review and comment. Also, a more detailed topographic survey should be performed to allow the delineation of the'steep slope areas. 3. Refer to Traffic: The discussion states that "The Traffic Impact Analysis (TIA) indicates that the study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions." Actually, the TIA does reach the above conclusion assuming that the referenced intersection improvements are made along Route 7. Currently, the cross over at the intersection of Valley Mill Road and Route 7 is not adequate to accommodate the U-turn traffic anticipated from the proposed development. Indicate what guarantees the applicant will offer to insure that these intersection improvements will be made prior to initiating construction on this site. 107 North Kent Street • Winchester, Virginia 22601-5000 0 Carriage Park Rezoning Page 2 March 8, 2006 4. Refer to Site Drainage: The discussion indicates that low impact development techniques ...... will mitigate adverse stormwater discharge impacts. Elaborate on what is meant by low impact development techniques as applied to this proposed site development. It appears that the proposed development will clear a majority of the wooded areas and strip a majority of the topsoil areas. 5. Refer to Solid Waste Disposal Facilities: The statement is made that "consideration of curbside pick-up would be an improvement to solid waste issues associated with increased dumpster use in the County." This statement is not satisfactory. Existing dumpster sites in Frederick County are currently at capacity and will not accommodate new residential development. Therefore, any new development will be required via the Homeowners' Association or other means to provide curbside trash pickup. This function will not be an option, rather it will be a requirement. This statement should be corrected accordingly and revised in the Proffer Statement, Paragraph 9.2 iii (Delete "if they decide to us a commercial collection company"). Refer- to Proffer Statement, paragraph 12.1. The statement indicates that the applicant shall privately fund all transportation improvements required of this project. Indicate if this offer extends to improvements at/on the Route 7 intersection related to Valley Mill road or possibly Haggerty Drive. I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely, Harvey E. rawsnyder, Jr., P.E. Director- of Public Works HES/rls cc: Michael Ruddy, Deputy Director, Planning and Development file CAPrograin TilesMordPerfect Office II\Rhonda\T.C\'IPC'O\I\IRNTS\CARRIAGEPARKREZC'O\'I.ii,pd 0 RezoninI4 Comments CARRIAGE PLACE, LLC REZONING Frederick County Department of Inspections Mail to: Frederick Co. Dept. of Inspections Attn: Director of Inspections 107 North Kent Street Winchester, VA 22601 (540) 665-5650 Hand deliver to: Frederick Co. Dept. of Inspections Attn: Director of Inspections Co. Administration Bldg., 4t" Floor 107 North Kent Street Winchester, VA 22601 Applicant Please ,fill out` •tihe ;nformalon as Eaccurately'rs possible: m4 order; to <<�ssrstR Uri% :s Depaitpient'.6f Pubhc'Woiks, with,theu ieyiew,, ,Attach a' copy of your ap.plxcation form, location map;, pi offer statement; impact analysis, :and any oth`ei per tment'infoimaion Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667.2139 c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South & adjacent to Route 7, east & adjacent to Blue Ridge Mobile Home Park Current Zoning: RA, MH-1 Zoning Requested: RP Acreage: 45.4426 Department of Inspections Comments: p/ /V0 GlJ'/✓�?%/ i�'�/ CJ < fir f ��` / / : ji1 Inspections Signature & Date: (J Notice to Dept. of spectious — Please Returi its Form to the Applicant i 11 Rezoning Comments CARRIAGE P1 Mail to: Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540) 665-6350 Frederick County Fire Marshal Hand deliver to: Frederick Co. Fire & Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., l't Floor 107 N. Kent Street Winchester, VA 22601 ID MOMR V M 2006 B FEB o 6 Z�06 BY Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667.2139 c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South & adjacent to Route 7, east & adjacent to Blue Ridge Mobile Home Park Current Zoning: RA, MH-1 Zoning Requested: RP Acreage: 45.4426 Fire Marshal's Comments: Fire Marshal's Signature & Date Notice to Fire Mars al — Ple se Ret rn This Form to the Applicant A • • Frederick County Fire and Rescue Department office of the Fire Marshal x W H b plan Review and Comments M!' Lx L.Y 1alYAr.Y vIRGINIA Date Revised Date reviewed Date received 3/8/2006 Control number 2/6/2006 RZ06 - 0002 Applicant Project Name Patton Harris Rust & Associates Applicant Phone Carriage Park State Zip 540-667-2139 City VA 22601 Address Winchester 117 E. Piccadilly St., Suite 200 Rescue District Application Tax ID Number Fire District 18 Type 55-A-161,etc. 18 Rezoning Election District Current Zoning Red Bud RA, MH1 Recommendations Residential Sprinkler System Automatic Fire Alarm System No Automatic Sprinkler System No No Other recommendation Requirements Fire Lane Required Emergency Vehicle Access Hydrant Location No Width Special Hazards Roadway/Alsleway No Siamese Location Emergency Vehicle Access Comments Access Comments Additional Comments for firefighting shalt nleet the requirements of Frederick County Cade Section 9 - Municiple watersupplies 4. Plan Approval Recommended RevieweJeff ey Sd eal By Yes Signature .P I�w Title r 0 • Rezoning Comments CARRIAGE PLACE, LLC REZONING FGSA Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick Co. Sanitation Authority Frederick Co. Sanitation Authority Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, VA 22604 Stephens City, VA (540) 868-1061 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: Mailing Address Location of Property: Patton Harris Rust & Associates c/o Patrick Sowers 117E Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540) 667.2139 South & adjacent to Route 7, east & adjacent to Blue Ridge Mobile Home Park Current Zoning: RA, MH-1 Zoning Requested: RP Acreage: 45.4426 Sanitation Authority Comments: The Opequon Water Reclamation Facility has sufficient capacity to accept flows from this The eight -inch water line through Blue Ridge Mobile Home Park might not provide the added eman s of Mis projec s 165 units. I he developer will probably need to extend a water line on Valley Mill Road and connect it to this project. Sanitation Authority Signature & Date: 71 D� Notice to Sanitation A ity — Please Return This Form to the Applicant 1, 0 Frederick -Winchester Service Authority Mail to: Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Hand deliver to: Fred -Wine Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 F E B - 6 2006 Assist the licant: Please fill out the information as accurately ew. Attach a copy of as pyour a eplicahonin rformto alocation PP Department of PublicWorks, pa t analys anwith their alysis, any other pertinent information. map, proffers Applicant's Name: Patton Harris Rust &Associates Phone: f S4 67.2139 c/o Patrick Sowers Mailing Address: 117 E. Piccadill Street Suite 200 Winchester VA 22601 Location of Property: South & adjacent to Route 7, east & adjacent to Blue Ridge Mobile Home Park Current Zoning: RA, MH-1 Zoning Requested: RP Acreage: 45.4426 Fred-`A'incliester Service Authority's Comments: i Qt 4.�4l► r1'�e- ' FWSA Signature & Date: Notice to Fred -Wine Service Authority — Please Return This Form to the Applicant U 0 0 Frederick -Winchester Service Authority Post Office Box 43 Winchester, Virginia 22604 Office: 107 North Kent Street County Office Complex Winchester, Virginia 22601 1-540-722-3579 February 14, 2006 Patton Harris Rust & Associates c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Dear Mr. Sowers: SUBJECT: REZONING — CARRIAGE PLACE COMMENT LETTER The first item of concern is the application of a submeter for sewer flows. Based on the number of dwellings, it would seem to be an inappropriate wa of measuring wastewater flows. We would like to see more detail relative to the design construction of such a submeter if it would be acceptable. i cerely, ---� J sse W. Moffett Executive Director Frederick -Winchester Service Authority JWM:ncg Enclosures 14foag/i &VIrommakfae SfawardsAlp" E P"f - 1 -- �O 00 RezoninI4 Comments CARRIAGE PLACE, LLC REZONIN Frederick — Winchester Health Department Mail to: Frederick -Winchester Health Dept Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 applicant Please:fill out the uforniatron as accurately',as possible m oidez to assist,the Frederlck Wincliestei Healthpeparttrierlt wilh'tlleil ieuiew j� ta�h a copy of bout ,applitx!cation`fo;`rm,;9j locationE map, pr`offei statement, inpact;aualysis, and;auy o`lier periiieut'mformaion Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667.2139 c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South & adjacent to Route 7, east & adjacent to Blue Ridge Mobile Home Park Current Zoning: RA, MH-1 Zoning Requested: RP Acreage: 45.4426 Frederick — Winchester Health Department's Comments: Health Signature & Date: Notice to Health Department — Please Return This Form to the Applicant 16 o FC !P Frederick County Public Schools Administrative Assistant to the Superintendent Visit us at www.frederick.M.va.us May 19, 2006 Mr. Thomas Price Patton, Harris, Rust & Associates 117 East Piccadilly Street Winchester, VA 22601 Dear Mr. Price: RE: Carriage Park Master Development Plan e-mail: kapocsis@frederick.k12.va.us This letter is in response to your request for continents concerning the Master Development Plan for the proposed Carriage Park project. Based on the information provided, it is anticipated that the proposed 120 single-family units will yield 11 high school students, 9 middle school students, and 25 elementary school students. The 90 towi-liouses will yield 10 high school students, 11 middle school students, and 28 elementary school students for a total of 94 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. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this master development plan on current and future school needs should be considered during the approval process. Respectfully yours, Stephen Kap cs Administrative Assistant to the Superintendent SMK/dkr cc: William C. Dean, Ph.D., Superintendent of Schools Mr. Al Orndorff3 Assistant Superintendent for Administration llMr. Charles Puglisi, Director of Transportation I 540-662-3889 Ext 112 1415 Amherst Street, Post- Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 0 0 Rezoning Comments CARRIAGE PLACE, LLC REZONING Frederick County Department of Parks & Recreation Mail to: i Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation Co. Administration Bldg., 2" d Floor 107 North Kent Street Winchester, VA 22601 Applicant ,P,lease' fill: ouf :the �iiformation as;�Eaccurately `; asx'pos�ibje � m �orc�er , t�o;s�assistd fthe� ii s t - rS i g Departmcht�o`Parks &'?Recreation With then review ',�jAttacli a copy�ofayourapphcation,form,; i. ��., location map, pi offer'statement,;impact„anahys�s, and; any other pertmeut information ,a Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667.2139 c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: South & adjacent to Route 7, east & adjacent to Blue Ridge Mobile Home Park Current Zoning: RA, MH-1 Zoning Requested: RP Acreage: 45.4426 Dept. of Parks & Recreation Comments: Plan appears to offer': appropriate monetary proffer to offset the impact this development will have on the parks and recreational services provided by Frederic County. It is assumed that recreational and open space requirements will be addressed in future plans to be reviewed. The Parks and Recreation Department would also like to see detailed pedestrian/bicycle trails plan which offers an internal network and p vides connect' to existing and future adjacent developm Parks Signature & Date: `? Notice to Dept. 4rks & Recreation — Please Return This Form to the Applicant u 13 nt. �� RtwONq� i =moo WINCHESTER REGIONAL fRPORT SERVING THE 491 AIRPORT ROAD TOP OFVIRGINIA WINCHESTER, VIRGINIA 22602 �q►,, �� �.� (540) 662 2422 February 15, 2006 Patrick R. Sowers Patton Harris Rust & Associates, pc 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comments Carriage Park Redbud Magisterial District Dear Mr. Sowers: The above referenced proposal was reviewed. While the proposed development lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan should not impact operations at the Winchester Regional Airport. However, residents in this area could experience fly over noise from aircraft arriving and departing the Winchester 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 0 0 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (I692-1972) 7 S 307 EAST MARKET" STREET 9 EAST BOSCAIVEN STREET THOMAS V. MONAHAN (1924-1999) LEESBURG, VIRGINIA WINCHESTER, VIRGINIA SAMUEL D. ENGLE O. LELAND MAHAN TELEPHONE 703.777-1050 TELEPHONE 540662.3200 ROBERT T. MITCHELL, JR. FAX 640-662-4304 JAMES A. KLENKAR E-MAIL lawyaraghallmonahan.com STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR, April 3, 2006 HAND DELIVERED Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 PLEASE REPLY TO: R O. BOX 648 WINCHESTER, VIRGINIA 22604-0848 Re: Carriage Park (Carriage Park, LLC) -- Proposed Proffer Statement Dear Mike: I have reviewed the above -referenced Proposed Proffer Statement. It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. While the Generalized Development Plan contains few details, nevertheless the proffer statement should include a proffer that provides that development shall occur in substantial conformity with the Generalized Development Plan, 2. In Proffer 1.1 it is provided that the residential development shall not exceed 165 dwelling units. however, the GDP provides for a total of only 161 dwelling units. I I HALL, MONAHAN, ENGLE, MAHAN MITGHELL i Mr. Michael T. Ruddy, AICP April 3, 2006 Page 2 3. The staff should determine whether the Site Access Point, the Inter - parcel Connection Point, and the Emergency Access Point are located with sufficient detail on the GDP. 4. With respect to Proffer 12.3, the staff should determine whether the inter -parcel connector location is appropriate, given any existing or planned streets on the adjoining parcel. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. If there are any questions concerning the foregoing comments, please contact me. yours, Robert T. Mitchell, Jr. RTM/lcs January 2006 0 Carriage Park IV. AGENCY COMMENTS 0 0 Frederick County, Virginia IMPACT ANALYSIS STATEMENT AND REZONING APPLICATION MATERIALS FOR REZONING REVIEW AND APPROVAL OF CARRIAGE PARK Red Bud Magisterial District August 2006 Prepared by: Patton Harris Rust & Associates, pc 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2139 Fax:540-665-0493 August 2006 Carriage Park Table of Contents I. Application Form II. Impact Analysis A. Site History and Project Background B. Location and Access C. Site Suitability D. Traffic E. Sewage Conveyance and Water Supply F. Site Drainage G. Solid Waste Disposal Facilities H. Historic Sites and Structures I. Impact on Community Facilities III. Proffer Statement IV. Agency Comments V. Survey Plat and Deed VI. Tax Ticket 2006 0 0 Carriage Park I. APPLICATION Jantim 2006 0 S' Carriage Park IIe IMPACT ANALYSIS 11 0 August 2006 Carriage Park SUMMARY AND JUSTIFICATION The Carriage Park property lies wholly within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) of Frederick County, with direct access to bodi eastbound Route 7 and Valley Mill Road. The site is located in close proximity to the Haggerty project, which was successfully rezoned for residential land uses. The development of the Carriage Park property will continue to establish the development pattern in the Route 7 corridor and will provide for the integration of the project with adjacent properties should they develop in a manner harmonious with the Comprehensive Plan. The rezoning of the site for a single family residential development consisting of a maX=' Len of 165 dwelling units is consistent with the vision of the Comprehensive Policy Plan, which expressly calls for suburban residential uses to predominate within the UDA. The site is generally located in an area designated for residential land use on the Eastern Frederick County Long Range Land Use Plan map. By using available land within the UDA, this rezoning promotes a dynamic housing market widen the county's designated growth area, reducing development pressures in the County's rural areas. The project density of 3.59 dwelling units per acre is well within the zoning guideline of 5.5 dwelling units per acre for parcels between 10 and 100 acres. The applicant is confident that the proposed rezoning includes a proffer program that will appropriately and effectively mitigate the impacts of this development while providing funding for regional transportation projects. The single family residential land use envisioned for the site is compatible with the development trend emerging in the area and is Map Features County Boundary C Tax Map Boundary Community Centers George Washington National Forest p Hamlets Lakes/Ponds Streams Sewer Water Service Area Urban Development Area Roads/Transportation �Interstates N Primary Highways N Secondary Roads Named Private Roads Unnamed Private Roads Proposed Route 37 f Railroads Cities/Towns 0 Middletown �I Stephens City Winchester Agricultural Districts ® Double Church Refuge Church C- South Frederick Zoning B1 (Business, Neighborhood District) 0 B2 (Business, General District) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) n M1 (Industrial, Light District) j M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Services District) 0 R5 (Residential, Recreational Community District) C RA (Rural Areas District) 0 RP (Residential Performance District) '�•r<�4- 18 lej i 22 1 2 a 32tv Artis t eens(ni773n - r 53 ••, `' 52 • r 76 7� 24 lryC 34; 35 #�k \ ' - a8riiedwn :� 45 , 46 zkw �l r- �9Ytnt Factory !} :; 56 7 t PROJECT SI TE 66 I CARRIAGE PARR Patton, Harris, Rust & Associates, pc ZONING MAP 117 E. Picadilly St. Winchester, Virginia 22601 a VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, ORGINIA 0 9 August 2006 Carriage Park consistent with the land use policies of the Comprehensive Policy Plan. As such, this rezoning request merits favorable consideration and approval. SITE BACKGROUND AND HISTORY The Carriage Park property consists of 45.44 acres of land located in the UDA within the Red Bud Magisterial District. Approximately 15.18 acres of the site are zoned MH1 (Mobile Home Community) while the remaining 30.26 acres are zoned RA (Rural Areas). Two existing homes reside on the site, but will not pose a hindrance to the intended development of the property. The site is located in an emerging residential area wherein public facilities have been installed through prior development and are readily available for extension into the site. Available facilities include water and sewer lines, and road infrastructure. The requested rezoning from RA (Rural Areas) and MHl (Mobile Home Community) to RP (Residential Performance) will enable continued development within the UDA in accord with the Comprehensive Policy Plan. LOCATION AND ACCESS The Carriage Park property is bounded by Valley Mill Road to the East, Route 7 to the North, and Blue Ridge Mobile Home Park to the West (Figure 1). Access will be provided via a single entrance on Valley Mill Road near the intersection of Valley Mill and Route 7. Additionally, an interparcel connector will be provided at the Southern boundary of the property to facilitate access to both the adjacent parcel and Valley Mill Road in the future (Figure 2). As indicated by the Generalized Development Plan, new entrances on Route 7 will be avoided. An emergency access connection will be provided between the Blue Ridge Mobile Home Park to the West to allow two way emergency access. Current designs for proposed Route 37 align the off ramps with the future intersection of the Haggerty Spine Road and the existing intersection of Valley Mill Road and Route 7. As such, signalization of the Valley Mill intersection, which is proffered as part of this rezoning application, is needed as part of the large scope transportation planning effort © 7 7" P7 01 • O Ai i, ,R BUFFER / {{ 115.18 Acres EX. ZONING: SINGLE FAMILY DETACHED / VE(ETA 70 BUFFER 30.26 Acres E<ZONING: RA S PROP TOSED;'ZONING: RP 'i iu �'. � M►u' ROAa `l yCARR16,AR Pa onn ssocia es, c li�\ �� P N.' lZ OP lV 17 E. Picadilly St. Winchester, Virginia 22601 O VOICE: (540) 667-2139 FAX: (540) 665-0493 ER/CK C{1LIN7f `" WRGIN14 R7GUR£ 2 1-7'twt• ryls :►.>"i T;�l �s #' ,�. t' •r-ITt� h}-Y. ;T i �ttti?'1 ti>y' ;1*t i< 'yi.y"�y.} �• ,'N ,, p��•g�. ; i `IF 't�'1 `��y�,� s�"a�,•t`�'z- ti` r 7�E''� �il r.. Y4. w r } ,.?tit ry.�� ,�„".! i'' §�, '.3q ''a)• tttt_ a 5 • ' F iF ,• ,�`. ;�a�Fl itit� �� s - � �•, - � Zrf• � '1 t � Lam •Fi��A 6 1�� � ti �. g �l��tfi �;q � } � ' �; _ ,t '�#� ...��`ki���yt, S.. r 1 '• 1 s�.. �+9r`{G i rl a • •L -fit. 1 a r ! `. �„1`xF. ^" TAW f �' �yq. [�s� R� >Y_. ,� _[ I bt L��� W F rt✓ :,{'.' �y-'Tdt �,'i'�'dC aT Nip .x °�" t?; �� �►'# _ ;..ask �._ __ •?5 , C�4 }. p• �t�}'.ii:..`i,Ct. V•y $:, i���'�. ": 1_ �,,4 S iz. � •;�_ S ., Y-.. ,{a`�t t t} ' � tt r •,( ��'�'CI 11 jc'e�+;R� 1 �1i2 '}�; f.�~Lr'1. ?.� }L e:l'i yr *y_ _ C � • . /(7S ,�i\�`t,pp+.. �r, Ar�itfi +� ,.• 5'.`.. 1 y •y �::n � r ^L.. 'S S. ' .•1 k '»'h V�, 11``1]!!'° b 1 _ 1111` �, i'.� , i ••°y •'. i .7 _ � tom• ���� �� �` ,� F - yyyy K \ ttf • t M � � - r L Y � • t \SSSS yr. .. 0 0 August 2006 Carriage Park along the Route 7 corridor. Future extension of Carriage Park access to Valley Mill Road to the South may allow future interparcel access, depending on future applicant desires should the adjacent property develop. SITE SUITABILITY The site does not contain conditions that would preclude or substantially hinder development activities. The following table provides an area summary of environmental features: Carriage Park Property Environmental Features Total Project Area 45.44 acres Area in Flood Plain 10.50 acres 23.1% Area in Steep Slopes .48 acres .01% Area in Wetlands TBD TBD Lakes & Ponds 0.25 acres <.01% The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert-Berks-Blairton soil association, with the particular geology being Martinsburg shale and slopes ranging from 3% to 25%. Such geology is prevalent on land located east of Interstate 81 and is not identified as prime farmland by the Frederick County Comprehensive Plan. The site is predominantly wooded and no history of agricultural use has been identified. Two stream channels traverse the property, including Ash Hollow Run which runs parallel to Route 7 at the Northern boundary of the property. Ash Hollow Run flows into Abrams Creek which crosses die Eastern boundary of the site prior to crossing under Route 7 and ultimately terminating at Opequon Creek. Riparian buffers required by ordinance will be preserved on either side of the stream channel. Additionally, the design of the project will respect the 100 year flood plain associated with these stream channels (Figure 3). The majority of sensitive environmental areas identified will be placed in permanent open space. The National Wetlands Inventory does not identify any wetlands on the Carriage Park property, however any potential wetlands associated with the stream channels will be located within the project's open space and identified by a wetlands delineation as part of the Master Plan phase of the a O 'C! srr>P s.oPes '�� CARR/AGE PARK Patton, Harris, Rust & Associates, pc lit o \ \ W SITE CHARACTERISTICS MAP 117 E. Picadilly St. Winchester, Virginia 22601 O 0) 0) a VOICE: (540) 667-2139 FAX: (540) 665-0493 fREDERICK COUNTY, PIRG/N/A FIGURE 0 & August 2006 Carriat-e Park project. A small pond located on the Western portion of the property will be maintained within the open space required for the development as well. Steep slopes comprise a small portion of the Property. County regulations prevent disturbance of more than 50 percent of the identified steep slopes. As such, the proposed development scheme will disturb less than one -quarter acre of steep slopes at maximum. TRAFFIC A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. Using traffic generation figures from the I.T.E. Trip Generation Manual, 7"' Edition, the TIA projects that the proposed development will produce 1,348 vehicle trips per day (VPD). The TIA. farther indicates that study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions. It is important to note that approximately 15 acres of die site are currently zoned MH1 (Mobile Home Cormrmunity). At a gross density of 8 units per acre as permitted by the Frederick County Zoning Ordinance, the site currently has the potential to yield nearly 120 mobile home units as a by - right use. Using the equation indicated for mobile homes by the I.T.E. Trip Generation Manual, 7th Edition, the portion of the Property zoned MH1 could yield 700 vehicle trips. Developing the remaining 30 acres of the site zoned RA as by -right residential would yield an additional 60 trips per day from six single family detached homes bringing the potential by -right traffic generation to a total of 760 vehicle trips per day. As such, the proposed development plan would produce only 588 vehicle trips per day in excess of the existing by -right traffic generation potential. Access to the site will be provided via a single entrance on Valley Null Road. While a right -in right - out entrance to Route 7 would be substantially less expensive, the Applicant has proffered to avoid such a connection to prevent less safe U-turn movements that would result due to the grade separation between the east bound and west bound lanes of Route 7. Project generated as well as background traffic suggests the installation of a stoplight where Route 7 intersects Valley Mill Road. J This signal is provided as a component of the Carriage Park proffer package. August 2006 Carriage Park Furthermore, in recognition of the importance of the future transportation system envisioned servicing the area in close proximity to the Property's location, the Applicant has proffered $5,000.00 per single family detached and $3,000.00 per single family attached dwelling towards transportation improvements within the vicinity of the site. Assuming a full build -out as stipulated by proffer of 165 dwelling units, this monetary contribution would total $641,000.00. SEWAGE CONVEYANCE AND WATER SUPPLY Sewer service will be provided to the site through connection with the existing line located in the Blue Ridge Mobile Home Park (Figure 4). Using a standard rate of 200 gallons per day/dtivelling unit, it is projected that the proposed development would produce 32,200 gallons of sewer flow per day. Water service will be provided by connection to the existing 8 inch line that serves the adjacent Blue Ridge Mobile Home Park. Water consumption for the project will be roughly equivalent to die projected sewage generation of 32,200 gallons per day. SITE DRAINAGE Site drainage collects and leaves die site to the north and east via Ash Hollow Run and Abrams Creek prior to draining into Opequon Creek. It is anticipated that low impact development techniques including a buffer preserving existing vegetation along Route 7 and Valley Mill Road together with good erosion control practice will mitigate adverse stormwater discharge impacts. The preservation of riparian buffers and developing with respect to the existing floodplain will provide significant mitigation of nutrient losses. Actual specification of temporary and permanent facilities will be provided with final engineering and will comply with all County, State and Federal regulations. %, z 1XV FWSA SEWE LINE V r4l CAIWIAGE PARK lit Patton, Harris, Rust & Associates, pc Q) W UTILITY PLAN 117 E. Picadilly St. Winchester, Virginia 22601 Cb 'Z11 zr) cy) :)- VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY WRGINM FIGURE 4 • 0 August 2006 Carriage Park SOLID WASTE DISPOSAL FACILITIES The following table shows a projection of solid waste generation as a part of this project. Unit T_ype Units Waste Generation Total Waste lbs Single Family Detached 73 12 lbs/day 876 Single Family Attached 1 92 1 9 lbs/day 1 828 Total 1,704 lbs Proffered curb -side pickup will be an improvement to solid waste issues associated with increased dumpster use in the County. HISTORIC SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify any structures of historic importance on the subject site. According to the National Park Service Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is included in the battlefield study area of the Third Battle of Winchester with the northern portions of the site along Route 7 identified as core battlefield area. The Property's location coincides with the early phases of the battle when General Sheridan's Union troops advanced through Berryville Canyon towards ,Jubal Early's confederate troops just outside of Winchester. Portions of the battlefield in the vicinity of the site, such as the adjoining mobile home park, have lost integrity according to die National Park Service study. Recognizing the importance of the Property's location with respect to the preliminary phases of the Third Battle of Winchester, the Applicant has proffered to maintain the existing tree coverage on the Property within 100 feet of the Property boundary along Route 7 and Valley NEE Road. Additionally, the Applicant has proffered $25,000.00 allocated for security fencing at historic Star Fort. r H October 2006 Carriage Park IMPACT ON COMMUNITY FACILITIES The Applicant has proffered monies greater than the impact indicated by the newest Frederick County Fiscal Impact Model to mitigate the projected fiscal impact on community facilities attributable to the proposed rezoning. It is important to note that the existing potential for 120 mobile home units would result in a negative fiscal impact of roughly $2,700,000 without the benefit of offsetting proffers. This rezoning application removes the potential for a by -right mobile home park while simultaneously proffering monies above the projected impact of the proposed 165 single family dwelling units. Specifically, the applicant has proffered to contribute $28,290 per single family detached unit and $20,731 per single family attached (i.e. townhome) at the time of building permit issuance. The total contribution is proffered to be allocated as follows: ■ Fire and Rescue: ■ General Government: ■ Public Safety: ■ Library: ■ Parks and Recreation: ■ School Construction: ■ Transportation: TOTAL: Single Family Detached $720.00 per unit $320.00 per unit $658.00 per unit $267.00 per unit $2,136.00 per unit $19,189.00 per unit $5,000.00 per unit $28,290.00 per unit Single Family Attached $528.00 per unit $245.00 per unit $503.00 per unit $204.00 per unit $1,634.00 per unit $14,618.00 per unit $3,000.00 per unit $20,731.00 per unit • Patton Harris Rust & Associates Engneers. Surveyors. Planners. Landscape Architects. 10212 Governor Lane Boulevard PH"A+Suite 1007 Williamsport, Maryland 21795 T 68301.223.4010 F 301.223.686831 To: Organization/Company: From: Date: Project Name/Subject: PHR+A Project file Number: • Memorandum Michael Ruddy, Deputy Director Frederick County Planning Department Michael Glickman, PE February 23, 2007 An Addendum to: A Trac Iwi�actAnalyris ofCariiage Pais, dated September 08. 2006 13554-1-1 Per your request, Patton Harris Rust & Associates (PIIR+A) has prepared this document as an addendum to the study titled: A TraTzc Iviwa Analysis of Caniage Park-, dated September 08, 2006, in order to address modifications in land use and site -access relating to the current Carriage Park development plan. The site will include 240 residential townhouse units with access provided via a proposed signalized site -driveway located along the south side of Route 7 between Woods Mill Road (Route 660) and Valley Mill Road (Route 659). Traffic analyses are provided in this memorandum for the intersection of Route 7/Carriage Park Site -Driveway during 2007 build -out conditions. All methodology remains consistent with that of the September 08, 2006 report. TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Ti4Generation Report, PHR+A has prepared Table 1 to summarize the trip generation for the proposed Carriage Park development. Table 1 Proposed Development: Carriage Park Trip Generation Summary AINI Peak Ilour PINI Peak Hour Code Land Use Amount ADT In Out Total In Out Total Carriage Park 230 Townhouse/Condo 240 units 18 86 104 83 41 123 2,088 Total 18 86 104 83 41 123 2,088 2007 BUILD -OUT CONDITIONS PHR+A established 2007 build -out conditions in accordance with the methodology set forth in the September 08, 2006 report. Figure 1 shows the 2007 build -out ADT and AM/PM peak hour traffic volumes at the intersection of Route 7/Carriage Park Site -Driveway. Figure 2 shows the respective 2007 build -out lane geometry and AM/PM peak hour levels of service. All HCS+ levels of service worksheets are included in the Appendix section of this memorandum. CONCLUSION The traffic impacts associated with the proposed Carriage Park development are acceptable and manageable. With signalized traffic control, the intersection of Route 7/Carriage Park Site -Driveway will operate with levels of service "C" or better during 2007 build -out conditions. Page 1 of 3 • 0 Patton Harris Rust & Associates Memorandum No Scale -I- To: Michael Ruddy Page 2 of 3 AM Peak Hour(PM Peak Hour) Figure 1 2007 Build -out Traffic Conditions Engineers • Surveyors • Planners • Landscape Architects 9 0 Patton Harris Rust & Associates Memorandum No Scale U. To: Michael Ruddy Page 3 of 3 Denotes stop sign control Denotes traffic signal control AM Peak Hour (PM Peak Hour) Figure 2 2007 Build -out Lane Geometry and Levels of Service Engineers • Surveyors • Planners • Landscape Architects 0 • A Traffic Impact Analysis of Carriage Park Located in: Frederick County, Virginia Prepared for: Carriage Park L L C 2022 Meadow Springs Drive Vienna, Virginia 22182 Prepared by: Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners. Landscape Architects. 00 Ma insbur ,Avenue, Suite 54 A+F Marfinsburg, West Virginia 25401 T 304.264.2711 PHP 304.264.3671 September 08, 2006 OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Carriage Park development to be located along the south side of Route 7 (Berryville Pike), east of Route 660 (Woods Mill Road) in Frederick County, Virginia. The proposed project is to include 94 townhouses and 53 single-family detached residential units with access to be provided via a single site - driveway along the west side of Route 660 (Valley Mill Road). The proposed development will be built -out over a single transportation phase by the year 2007. Figure I is provided to illustrate the location of the proposed Carriage Park development with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Carriage Park development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for the proposed Carriage Park development, • Distribution and assignment of the Carriage Park generated trips onto the completed roadway network, Analysis of capacity and 'level. of Sei JiCC using the 'latest version of the highway capacity software, HCS-2000, for existing and future conditions. EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersections of Route 7/Route 660 and Route 7/Route 659 (Valley Mill Road). In order to demonstrate worst -case conditions, the existing traffic volumes were then balanced between the two intersections. Additionally, PHR+A conducted the eastbound U-turn counts at the intersection of Route 7/Woods Mill Road since planned improvements would require this movement to be diverted to the Route 7/Valley Mill Road intersection in the future. ADT (Average Daily Traffic) were established along each of the study area roadway links using a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 8.0% as determined from traffic count data provided by Virginia Department of Transportation (VDOT). Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at the intersections of Route 7/Route 660 and Route 7/Route 659. Figure 3 shows the respective ll existing lane geometry and AM/PM peak hour levels of service. All traffic count data and _J HCS-2000 levels of service worksheets are included in the Appendix section of this report. A Tra c Impact Anal o Carriage Park P Project Number: 13554-1-0 u September 0Page I 1 1 Page 1 No Scale II _r ) / 3etryvitle Pik 7pa _ ---- SITE rf PT TR A 11 Figure 1 Vicinity Map: Carriage Park in Frederick County, Virginia A Traffic Impact Analysis o Carria e Park PH'��A Project Number: 13554-1-0 September 08,2006 Page 2 Average Daily Trips A Traffic Impact Analysis of Can-ia eg park Project Number: 13554-1-0 • 0 i No Scale �Q Unsignalized Intersection SITE ►C In LersecLion ', Denotes stop sign control * Denotes Unsignalized Critical Movement /A AM Peak Hour (PM Peak Hour) Figure 3 Existing Lane Geometry and Levels of Service A Tra c Impact Analysis of Carriage Park Project Number: 13554-1-0 September 08,2006 Page 4 • 0 2007 BACKGROUND CONDITIONS In order to estimate the future growth rates and incorporate trips associated with specific "other developments" located within the vicinity of the proposed site, PHR+A utilized the following report: A Traffic Impact Analysis of the Haggerty Property, by PHR+A, dated September 22, 2004. PHR+A applied an annual growth rate of five percent (5%) to the existing traffic volumes (shown in Figure 2) to obtain the 2007 base conditions. Based upon the 71h Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Table 1 to summarize the trip generation for the "other developments" surrounding the site. Figure 4 shows the 2007 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 5 shows the respective 2007 background lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. Table 1 "Other Developments" Trin Generation Sn.mmnry Code Land Use Amount AM Peak Hour PM Peak Hour ADT In Out Total in Out Total Red -Bud Run 210 Single -Family Detached 300 units 55 165 219 182 107 288 3,000 Total 55 165 219 182 107 288 3,000 Toll Borthers- Eddy's Lane 210 Single -Family Detached 80 units 16 49 65 55 32 88 800 Total 16 49 65 55 32 88 800 Other Developments along Channing Drive 210 Single -Family Detached 300 units 55 165 219 182 107 288 3,000 230 Townhouse/Condo 130 units 11 53 64 50 25 75 1,131 820 Retail 120,000 SF 107 68 175 339 367 706 7,645 Total 172 286 458 570 498 1,069 11,776 Fieldstone Development 210 Single -Family Detached 63 units 13 40 54 45 26 71 630 230 Townhouse/Condo 207 units 16 77 92 73 36 109 1,801 Total 29 117 146 118 62 180 2,431 Chadwell Property 210 Single -Family Detached 30 units 8 23 30 23 13 36 300 Total 8 23 30 23 13 36 300 Haggerty Property 210 Single -Family Detached 180 units 34 102 135 115 67 182 1,800 220 Apartment 60 units 7 27 33 33 18 51 511 230 Townhouse/Condo 60 units 6 28 34 26 13 40 522 Total 46 157 203 174 98 272 2,833 A Traffic Impact Analysis o Carriage PHP Project Number:13554-1-0 September 0Page 5 Page 5 No Scale J- V(2, (37)15)Ip- IOI y�ZI08) (Iz34)13gg AM Peak Hour(PM Peak Hour) +A . Daily 11 Figure 4 2007 Background Traffic Conditions J PHR�l� A Ti-affac Impact Analysis of Can-ia e Park Project Number: 13554-1-0 September 08,2006 Page 6 0 0 1 No Scale Signalized Intersection LOS=B(C) (C; -f- SITE `red o� Unsignalized Intersection Denotes stop sign control Denotes traffic signal control * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 5 2007 Background Lane Geometry and Levels of Service Pk-R+A A Tra is Impact Analysis o Carria eQ Park Project Number: 13554-1-0 September 08,2006 Page 7 TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report PHR+A has prepared Table 2 to summarize the trip generation for the proposed Carriage Park development. Table 2 Proposed Development: Carriage Park Trin C'Pnnrafinn Qiv mo ., Code Land Use Amount AM Peak Hour PM Peak Hour In Out Total In Out Total ADT Carriage Park 210 Single -Family Detached 53 units 12 35 47 38 22 61 530 230 Townhouse/Condo 94 units 8 41 49 38 19 57 818 Total 20 76 96 76 41 118 1,348 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips, shown in Figure 6, was based upon local travel patterns for the roadway network surrounding the proposed Carriage Park development. Figure 7 shows the respective development -generated AM/PM peak hour trips and ADT assignments at key locations through out the study area. 2007 BUILD -OUT CONDITIONS Carriage Park assigned trips (Figure 7) were added to the 2007 background traffic volumes (Figure 4) to obtain 2007 build -out conditions. Figure 8 shows the 2007 build - out ADT and AM/PM peak hour traffic volumes at key locations through out the study area. Figure 9 shows the respective 2007 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. CONCLUSION The traffic impacts associated with the proposed Carriage Park development, assuming suggested improvements, are acceptable and manageable. .Assuming planned study area intersection improvements, each of the intersections will operate with levels of service "C" or better during 2007 build -out conditions. PfRl� A Traffic Impact Analysis of Carriage Park Project Number: 13554-1-0 September 08,2006 Page 8 • u No Scale Figure 6 Trip Distribution Percentages A_ Traffae Impact Analysis of Cmn•iage Park P 1 Project Number: 13554-1-0 H ` September 08,2006 Page 9 • No Scale _ *ftft 4S(2S) (46I2 11 AM Peak Hour(PM Peak Hour) +A Average DaUy Trips � j I Figure 7 Trip Assignments PR+AH A Tra c Impact Analysis of Carriajze Park Project Number: 13554-1-0 September 08,2006 Page 10 0 0 No Scale N �37072) #ftft1064(2133) r,335(15p) 12g _� 0(1 e L R+A H Figure 8 P R+A H rx J.r 6 `1,P9_ i ,Aloe �9 2 AM Peak Hour(PM Peak Hour) 2007 Build -out Traffic Conditions A Traffic Impact AnaZysis of Carriage Parlc Project Number: 13554-1-0 September 08,2006 Page 11 0 6_1 No Scale SignalizcU "Suggested Signalized Improvement" Intersection B(G)` Signalization ,� LOS=S(C) s k r�J, W. �y 4 SITE ?L ay V)' r� Unsignalized Intersection Denotes stop sign control Denotes traffic signal control * Denotes Unsignalized Critical Movement +n AM Peak Hour (PM Peak Hour) Figure 9 2007 Build -out Lane Geometry and Levels of Service A Traffic Impact o Carriage Park PH Project Number: 13554-1-0 September Page 06 12 Page 12 0 Patton Harris Rust & Associates Engineers. Surveyors. Planners, Lcndsccpe Architects. 10212 Governor Lane Boulevard PHSuite 1007 + Williamsport, Maryland 21795 T 301.223.4010 • F 301.223.686831 To: Organization/Company: From: Date: Project Name/Subject: PHR+A Project file Number: 0 Memorandum Michael Ruddy, Deputy Director Frederick County Planning Department Michael Glickman, PE July 25, 2007 An Addendum to: A Tra icWactAnal sis o Carriage Para, dated September 08, 2006 13554-1-1 Per your request, Patton Harris Rust & Associates (PHR+A) has prepared this document as an addendum to the study titled: A Tra, ac ImpactAna-&is of Carriage Palk, dated September 08, 2006, in order to address modifications in land use relating to the current Carriage Park development plan. The site will include 240 residential townhouse units Nvith access provided via a site -driveway located along the west side of Valley Mill Road (Route 659). Traffic analyses are provided in this memorandum for 2007 build - out conditions. All methodology remains consistent with that of the September 08, 2006 report. TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trzp Generation Report, PHR+A has prepared Table 1 to summarize the trip generation for the proposed Carriage Park development. Table 1 Proposed Development: Carriage Park Trip Generation Summary AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT Carriage Park 230 Townhouse/Condo 240 units 18 86 104 83 41 123 2,088 Total 18 86 104 83 41 123 2,088 2007 BUILD -OUT CONDITIONS PHR+A established 2007 build -out conditions in accordance with the methodology set forth in the September 08, 2006 report. Figure 1 shows the 2007 build -out ADT and AM/PM peak hour traffic volumes at the study area intersections of Route 7/Woods Mill Road, Route 7/Carriage Park Site - Driveway and Valley Mill Road/Site-Driveway. Figure 2 shows the respective 2007 build -out lane geometry and AM/PM peak hour levels of service. All HCS+ levels of service worksheets are included in the Appendix section of this memorandum. CONCLUSION The traffic impacts associated with the proposed Carriage Park development are acceptable and manageable. The suggested improvements and levels of service "C" or better as shown in Figure 2 remain consistent with the September 08, 2006 report. The unsignalized intersection of Valley Mill Road/Site-Driveway will operate with levels of service "B" or better during 2007 build -out conditions. Page 1 of 3 Patton Harris Rust & Associates No Scale «sS)IS0 _— (1284)1399 4- ' %ftw (37)172 �*oft1070(213,11 Memorandum To: Michael Ruddy Page 2of3 AM Peak Hour(PM Peak Hour) I Average Daily Trips Figure 1 2007 Build -out Traffic Conditions Engineers 9 Surveyors • Planners 9 Landscape Architects 0 Patton Harris Rust & Associates No Scale w Unsignalized Intersection ntcrwIion Improvement" LOS=B(C) SignaJiza ion S6 - ILeft EB - I Right U SITE ;g �e Oar. Unsignalized Intersection Memorandum To: Michael Ruddy Page 3 of 3 LOS=C(C) -LIP, 40, eo Unsignalized Intersection Denotes stop sign control Denotes traffic signal control Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 2 2007 Build -out Lane Geometry and Levels of Service Engineers • Surveyors 9 Planners • Landscape Architects • Appendix HCS+ Worksheets Two -Way Stop Control • • Page 1 of 2 TWO-WAY STOP CONTROL SUMMARY General Information ISite Information Analyst PHR+A Agency/Co. PHR+A Date Performed 09110104 Analysis Time Period AM Peak Hour Intersection Site Driveway & Route 659 Jurisdiction Frederick County, Virginia Analysis Year 2007 Buildout Conditions Project Description Carriage Park Development East/West Street: Site Driveway North/South Street: Valley Mills Road Rte 659 Intersection Orientation: North -South IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h 0 325 112 18 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR veh/h 0 342 0 0 117 18 Percent Heavy Vehicles 6 -- -- 6 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh h 86 0 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR veh/h 90 0 0 0 0 0 Percent Heavy Vehicles 2 2 2 6 2 2 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Len th, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR (veh/h) 0 90 C (m) (veh/h) 1425 553 lc 0.00 0.16 95% queue length 0.00 0.58 Control Delay (s/veh) 7.5 12.8 LOS A B file://C:\Documents and Settings\ranade\Local Settings\Temp\u2k2003.tmp 7/25/2007 Two -Way Stop Control • . Page 2 of 2 Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.21 Generated: 7/25/2007 11:20 AM fileWCADocuments and Settings\ranade\Local Settings\Temp\u2k2003.tmp 7/25/2007 Two -Way Stop Control 0 • Page 1 of 2 TWO-WAY STOP CONTROL SUMMARY General Information ISite Information Analyst PHR+A Agency/Co. PHR+A Date Performed 09110104 Analysis Time Period PM Peak Hour Intersection Site Driveway & Route 659 Jurisdiction Frederick County, Virginia Analysis Year 2007 Buildout Conditions Project Description Carriage Park Development East/West Street: Site Driveway North/South Street: Valley Mills Road Rte 659 Intersection Orientation: North -South Period hrs : 0.25 -IStudy Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh h 0 218 379 83 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR veh/h 0 229 0 0 398 87 Percent Heavy Vehicles 6 -- -- 6 -- -- Median Type Undivided FIT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h 41 0 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR veh/h 43 0 0 0 0 0 Percent Heavy Vehicles 2 2 2 6 2 2 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Len th, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR (veh/h) 0 43 C (m) (veh/h) 1057 422 lc 0.00 0.10 95% queue length 0.00 0.34 Control Delay (s/veh) 8.4 14.5 LOS A B file://C:\Documents and Settings\ranade\Local Settings\Temp\u2k200B.tmp 7/25/2007 Two -Way Stop Control • • Page 2 of 2 Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.21 Generated: 7/25/2007 11:21 AM file://CADocuments and Settings\ranade\Local Settings\Temp\u2k200B.tmp 7/25/2007 Two -Way Stop Control • • Page 1 of 2 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Route 7 & Route 659 Agency/Co. PHR+A Jurisdiction Frederick County, Virinia Date Performed 04107105 Analysis Year 2007 Build -out Conditions Analysis Time Period AM Peak Hour Project Description Carriage Park Development East/West Street: Route 7 North/South Street: Route 659 Intersection Orientation: East-West IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h 76 1389 62 68 892 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR veh/h 80 1462 65 71 938 0 Percent Heavy Vehicles 6 -- -- 6 -- -- Median Type Raised curb RT Channelized 0 0 Lanes 1 2 0 1 2 0 Configuration L T TR L T Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h 215 196 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR veh/h 226 0 206 0 0 0 Percent Heavy Vehicles 6 0 6 0 0 0 Percent Grade (%) 0 0 Flared Approach N Y Storage 0 1 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Lencqlth and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LR (veh/h) 80 71 432 C (m) (veh/h) 702 413 137 lc 0.11 0.17 3.15 95% queue length 0.38 0.61 40.84 Control Delay (s/veh) 10.8 15.5 1037 LO S B C F Approach Delay -- -- 1037 file://C:\Documents and Settings\ranade\Local Settings\Temp\u2k1F8B.tmp 7/25/2007 Two -Way Stop Control 0 • Page 1 of 2 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Route 7 & Route 659 Agency/Co. PHR+A Jurisdiction Frederick County, Virinia Date Performed 04107105 Analysis Year 2007 Build -out Conditions Analysis Time Period PM Peak Hour Project Description Carriage Park Development East/West Street: Route 7 North/South Street: Route 659 Intersection Orientation: East-West IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h 39 1071 217 244 2178 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR veh/h 41 1127 228 256 2292 0 Percent Heavy Vehicles 6 -- -- 6 -- -- Median Type Raised curb RT Channelized 0 0 Lanes 1 2 0 1 1 2 0 Configuration L T TR L T Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h 127 132 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR veh/h 133 0 138 0 0 0 Percent Heavy Vehicles 6 0 6 0 0 0 Percent Grade (%) 0 0 Flared Approach N Y Storage 0 1 RT Channelized 0 0 Lanes 1 0 0 0 0 0 0 Configuration I LR Delay,Queue Len th and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LR (veh/h) 41 256 271 C (m) (veh/h) 205 483 35 lc 0.20 0.53 7.74 95% queue length 0.72 3.05 32.62 Control Delay (s/veh) 26.9 20.5 3256 LOS D C F Approach Delay -- -- 3256 file://C:\Documents and Settings\ranade\Local Settings\Temp\u2k1F93.tmp 7/25/2007 Two -Way Stop Control 0 O Page 2 of 2 s/veh Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.21 Generated: 7/25/2007 11:14 AM file://C:\Documents and Settings\ranade\Local Settings\Temp\u2k1F93.tmp 7/25/2007 Detailed Report 0 Page 1 of 2 HCS+' DETAILED REPORT General Information Site Information Analyst PHR+A Intersection Agency or Co. PHR+A Area Date Performed 04107105 Jurisdiction Time Period AM Peak Hour Route 7 & Route 659 Type All other areas Frederick County, Virginia Analysis Year 2007 Buildout Conditions Project ID Carriage Park Development - Suggested Improvement Volume and Timing Input EB WB NB SIB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes, Ni 1 2 0 1 2 0 0 Lane Group L TR L T LR Volume, V (vph) 76 1389 62 68 892 215 196 % Heavy Vehicles, %HV 6 6 6 6 6 1 6 1 6 Peak -Hour Factor, PHF 0.95 10.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P) or Actuated (A A A A A A A A Start-up Lost Time, 11 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 0 0 0 0 0 0 Lane Width 12.0 112.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 Min. Time for Pedestrians, GP 3.2 3.2 3.2 Phasing EW Perm 02 03 04 NB Only 06 07 08 Timing G= 48.0 G= G= G= G= 30.0 G= G= G= Y= 5 Y= Y= Y= IY= 5 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 88.0 Lane Group Capacity, ntrol Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT I TH RT LT TH RT Adjusted Flow Rate, v 80 1527 72 939 432 Lane Group Capacity, c 236 1850 82 1862 557 We Ratio, X 0.34 0.83 0.88 0.50 0.78 Total Green Ratio, g/C 0.55 0.55 0.55 0.55 0.34 Uniform Delay, d1 11.2 16.5 17.4 12.5 26.0 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.11 0.36 0.40 0.11 0.32 Incremental Delay, d2 0.9 3.2 160.7 0.2 6.8 0.0 0.0 10.0 0.0 0.0 file://C:\Documents and Settings\ranade\Local Settings\Temp\s2k1FA9.tmp 7/25/2007 Detailed Report 0 • Page 2 of 2 Initial Queue Delay, d3 Control Delay 12.0 19.8 78.2 12.8 32.8 Lane Group LOS B B E B C Approach Delay 19.4 17.4 32.8 Approach LOS B B C Intersection Delay 20.6 X� = 0.84 Intersection LOS C Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.21 Generated: 7/25/2007 11:15 AM file://CADocuments and Settings\ranade\Local Settings\Temp\s2k1FA9.tmp 7/25/2007 Detailed Report • • Page 1 of 2 HCS+' DETAILED REPORT General Information Site Information Analyst PHR+A Intersection Agency or Co. PHR+A Date Performed 04107105 Jurisdiction Time Period PM Peak Hour Route 7 & Route 659 Area Type All other areas Frederick County, Virginia Analysis Year 2007 Buildout Conditions Project ID Carriage Park Development - Suggested Improvement Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes, Ni 1 2 0 1 2 0 0 Lane Group L TR L T LR Volume, V (vph) 39 1071 217 1 244 2178 127 132 % Heavy Vehicles, %HV 6 1 6 6 6 6 1 6 6 Peak -Hour Factor, PHF 0.95 10.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P) or Actuated (A A A A A A A A Start-up Lost Time, li 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 70 0 0 0 0 45 Lane Width 12.0 112.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 Min. Time for Pedestrians, GP 3.2 3.2 3.2 Phasing WB Only EW Perm 03 04 NB Only 06 07 08 Timing G= 22.0 G= 37.0 G= G= G= 19.5 G= G= G= Y= 0 Y= 5 Y= Y= IY= 5 Y= Y= 1Y= Duration of Analysis, T = 0.25 Cycle Length, C = 88.5 Lane Group Capacity, ntrol Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted Flow Rate, v 41 1282 257 2293 226 Lane Group Capacity, c 81 1401 504 2275 362 v/c Ratio, X 0.51 0.92 0.51 1.01 0.62 Total Green Ratio, g/C 0.42 0.42 0.72 0.67 0.22 Uniform Delay, d1 19.0 24.3 17.0 14.7 31.2 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.11 0.43 10.12 10.50 1 1 10.21 Incremental Delay, d2 5.1 9.6 0.9 20.8 3.4 0.0 0.0 10.0 10.0 10.0 file://C:\Documents and Settings\ranade\Local Settings\Temp\s2k1FBF.tmp 7/25/2007 Detailed Report • 0 Page 2 of 2 Initial Queue Delay, d3 Control Delay 24.1 33.9 17.8 35.6 34.5 Lane Group LOS C C e D C Approach Delay 33.6 33.8 34.5 Approach LOS C C C Intersection Delay 33.7 X� = 0.91 Intersection LOS C Copyright © 2005 University of Florida, All Rights Reserved HCS+'rm Version 5.21 Generated: 7/25/2007 11:16 AM file://CADocuments and Settings\ranade\Local Settings\Temp\s2klFBF.tmp 7/25/2007 Two -Way Stop Control 1* • Page 1 of 2 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Route 7 & Route 660 Agency/Co. PHR+A Jurisdiction Frederick County, Virinia Date Performed 09110104 Analysis Year 2007 Buildout Conditions Analysis Time Period AM Peak Hour Project Description Carriage Park Development East/West Street: Route 7 North/South Street: Route 660 Intersection Orientation: East-West IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h 150 1399 1070 37 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR veh/h 157 1472 0 0 1126 38 Percent Heavy Vehicles 6 -- -- 6 -- - Median Type Raised curb RT Channelized 0 0 Lanes 1 2 0 0 2 0 Configuration L T T TR Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h 127 152 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR veh/h 0 0 0 133 0 160 Percent Heavy Vehicles 6 0 6 6 0 6 Percent Grade (%) 0 0 Flared Approach N y Storage 0 1 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration i I I LR Delay, Queue Len th and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR (veh/h) 157 293 C (m) (veh/h) 574 204 lc 0.27 1.44 95% queue length 1.11 17.43 Control Delay (s/veh) 13.6 265.9 LOS B F Approach Delay -- - 265.9 file://C:\Documents and Settings\ranade\Local Settings\Temp\u2k1FC7.tmp 7/25/2007 Two -Way Stop Control 0 • Page 2 of 2 Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.21 Generated: 7/25/2007 11:17 AM file://CADocuments and Settings\ranade\Local Settings\Temp\u2k1FC7.tmp 7/25/2007 Two -Way Stop Control 0 • Page 1 of 2 TWO-WAY STOP CONTROL SUMMARY General Information ISite Information Analyst PHR+A Intersection Route 7 & Route 660 Agency/Co. PHR+A Jurisdiction Frederick County, Virinia Date Performed 09110104 Analysis Year 2007 Buildout Conditions Analysis Time Period PM Peak Hour Project Description Carriage Park Development East/West Street: Route 7 North/South Street: Route 660 Intersection Orientation: East-West IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h 235 1284 2133 172 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR veh/h 247 1351 0 0 2245 181 Percent Heavy Vehicles 6 -- -- 6 -- -- Median Type Raised curb RT Channelized 0 0 Lanes 1 2 0 0 2 0 Configuration L T T TR Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh h 43 131 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR veh/h 0 0 0 45 0 137 Percent Heavy Vehicles 6 0 6 6 0 6 Percent Grade (%) 0 0 Flared Approach N y Storage 0 1 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration I LR Delay,Queue Len cat and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR (veh/h) 247 182 C (m) (veh/h) 181 lc 1.36 95% queue length 14.60 Control Delay (s/veh) 244.6 LOS F Approach Delay file://C:\Documents and Settings\ranade\Local Settings\Temp\u2klFCF.tmp 7/25/2007 Two -Way Stop Control • • Page 2 of 2 Copyright © 2005 University of Florida, All Rights Reserved HCS+Tm Version 5.21 Generated: 7/25/2007 11:17 AM file://CADocuments and Settings\ranade\Local Settings\Temp\u2k1FCF.tmp 7/25/2007 Detailed Report . • Page 1 of 2 HCS+'' DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 41512005 Time Period AM Peak Hour Intersection Route 7 & Woods Mill Rd Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 2007 Build -out Conditions Project ID Carriage Park Development Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes, Ni 1 2 2 1 1 1 Lane Group L T T R L R Volume, V (vph) 150 1399 1070 37 127 152 % Heavy Vehicles, %HV 6 6 6 1 6 1 6 6 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P) or Actuated (A) A A A A A A Start-up Lost Time, li 2.0 2.0 1 2.0 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 0 0 0 0 0 45 Lane Width 12.0 112.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 1 0 Min. Time for Pedestrians, GP 3.2 3.2 3.2 Phasing EW Perm 02 03 04 SB Only 06 07 08 Timing G= 55.0 G= G= G= G= 25.0 G= IY= G= G= Y= 5 Y= Y= Y= 5 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 90.0 Lane Group Capacity, ntrol Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted Flow Rate, v 158 1473 1126 39 134 113 Lane Group Capacity, c 216 2086 2086 1524 473 423 v/c Ratio, X 0.73 0.71 0.54 0.03 0.28 0.27 Total Green Ratio, g/C 0.61 0.61 0.61 1.00 0.28 0.28 Uniform Delay, di 12.3 12.0 10.2 0.0 25.5 25.4 Progression Factor, PF 1.000 1.000 1.000 0.950 1.000 1.000 Delay Calibration, k 0.29 0.27 0.14 0.11 0.11 0.11 Incremental Delay, d2 12.0 1.1 0.3 0.0 0.3 0.3 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 24.3 13.1 10.4 0.0 25.8 25.7 fileWCADocuments and Settings\ranade\Local Settings\Temp\s2k1FE5.tmp 7/25/2007 Detailed Report 0 0 Page 2 of 2 Control Delay Lane Group LOS C I 8 I A C C Approach Delay 14.2 10.1 25.8 Approach LOS 8 8 C Intersection Delay 13.6 XC = 0.59 Intersection LOS 8 Copyright © 2005 University of Florida, All Rights Reserved HCS+Tm Version 5.21 Generated: 7/25/2007 11:18 AM file://CADocuments and Settings\ranade\Local Settings\Temp\s2k1FE5.tmp 7/25/2007 Detailed Report 0 Page 1 of 2 HCS+' DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 41512005 Time Period PM Peak Hour Intersection Route 7 & Woods Mill Rd Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 2007 Build -out Conditions Project ID Carriage Park Development Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes, Ni 1 2 2 1 1 1 Lane Group L T T R L R Volume, V (vph) 235 1284 2133 172 43 131 % Heavy Vehicles, %HV 6 6 6 1 6 6 6 Peak -Hour Factor, PHF 0.95 10.95 0.95 0.95 0.95 0.95 Pretimed (P) or Actuated (A) A A A A A A Start-up Lost Time, h 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 1 0 0 0 0 0 45 Lane Width 12.0 112.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 0 Min. Time for Pedestrians, GP 3.2 3.2 3.2 Phasing EB Only EW Perm 03 04 SB Only 06 07 08 Timing G= 6.0 G= 66.0 G= G= G= 8.0 G= G= G= Y= 0 Y= 5 Y= Y= Y= 5 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 90.0 Lane Group Capacity, ontrol Delay, and LOS Determination EB WB NB SB LT TH I RT LT TH RT LT TH RT LT TH RT Adjusted Flow Rate, v 247 1352 2245 181 45 91 Lane Group Capacity, c 194 2730 2503 1338 151 322 v/c Ratio, X 1.27 0.50 0.90 0.14 0.30 0.28 Total Green Ratio, g/C 0.86 0.80 0.73 0.88 0.09 0.21 Uniform Delay, d1 30.2 3.0 9.3 0.8 38.4 29.8 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.50 0.11 10.42 0.11 1 0.11 0.11 Incremental Delay, d2 156.8 0.1 4.8 0.0 1.1 0.5 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 187.1 3.1 14.1 0.8 39.5 30.3 file://C:\Documents and Settings\ranade\Local Settings\Temp\s2k1FFB.tmp 7/25/2007 Detailed Report 10 0 Page 2 of 2 Control Delay Lane Group LOS F I A I A D C Approach Delay 31.5 13.1 33.3 Approach LOS C B C Intersection Delay 20.9 X� = 1.59 Intersection LOS C Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.21 Generated: 7/25/2007 11:20 AM file://C:\Documents and SettingAranadeTocal Settings\Temp\s2k1FFB.tmp 7/25/2007 August 2006 0 0 Carriage Park I SUMMARY AND JUSTIFICATION The Carriage Park property lies wholly within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) of Frederick County, with direct access to eastbound Route 7. The site is located in close proximity to the Haggerty project, which was successfully rezoned for residential land uses. The development of the Carriage Park property will continue to establish the development pattern in the Route 7 corridor and will provide for the integration of the project with adjacent properties should they develop in a manner harmonious with die Comprehensive Plan. The rezoning of the site for a single family residential development consisting of approximately 165 dwelling units is consistent with the vision of the Comprehensive Policy Plan, which expressly calls for suburban residential uses to predominate within the UDA. The site is generally located in an area designated for residential land use on the Eastern Frederick County Long Range Land Use Plan map. By using available land within the UDA, des rezoning promotes a dynamic housing market within the county's designated growth area, reducing development pressures in the County's rural areas. The project density of 3.59 dwelling units per acre is well widen the zoning guideline of 5.5 dwelling units per acre for parcels between 10 and 100 acres. The applicant is confident that the proposed rezoning includes a proffer program that will appropriately and effectively mitigate the impacts of this development. The single family residential land use envisioned for the site is compatible with the development trend emerging in the area and is consistent with the land use policies of the Comprehensive 1 Policy Plan. As such, this rezoning request merits favorable consideration and approval. 0 • ��. a►' �..�. �v�bs itt�,.� Map Features County Boundary C Tax Map Boundary Community Centers George Washington National Forest p- Hamlets Lakes/Ponds Streams Sewer Water Service Area Urban Development Area Road&7ransportation N Interstates N Primary Highways N Secondary Roads Named Private Roads Unnamed Private Roads Proposed Route 37 Railroads Cities/Towns Middletown Stephens City r Winchester Agricultural Districts ® Double Church ® Refuge Church South Frederick Zoning B1 (Business, Neighborhood District) B2 (Business, General District) B3 (Business, Industrial Transition District) ® EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) [�j M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Services District) R5 (Residential, Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) z O � Qr) a 1a 22 - /-012pen Spring 4 Nan 1 )42- j% 32 r ;t - fa F 33 CARRIAGE PARK ZONING MAP FREDERICK COUNTY, WRGINA 76 ;-7T �'- 24 +� 34 �c� � d�rtrcetow, i i �OOIOMnI •/ Join Spn1ip *Mt Fadory sr; PROJEC T SI TE 66 35 Patton, Harris, Rust & Associates, pc 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667-2I N FAX: (540) 665-0493 August 2006 Carriage Park SITE BACKGROUND AND HISTORY The Carriage Park property consists of 45.44 acres of land located within the UDA within the Red Bud Magisterial District. Approximately 14.92 acres of the site are zoned MH1 (Mobile Home Community) while the remaining 30.52 acres are zoned RA (Rural Areas). Two existing homes reside on the site, but will not pose as a hindrance to the intended development of the property. The site is located in an emerging residential area wherein public facilities have been installed through prior development and are readily available for extension into the site. Available facilities include water and sewer lines, and road infrastructure. The requested rezoning from RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) will enable continued development within the UDA in accord with the Comprehensive Policy Plan. LOCATION AND ACCESS The Carriage Park property is bounded by Valley Mill Road to the East, Route 7 to the North, and Blue Ridge Mobile Home Park to the West (Figure 1). Access will provided via a single entrance on Route 7 for right in/tight out turning movements. Additionally, an interparcel connector will be provided at the Southern boundary of the property to facilitate access to both the adjacent parcel and Valley Mill Road in the future (Figure 2). An emergency access connection will be provided between the Blue Ridge Mobile Home Park to the West to allow two way emergency access. Current transportation planning calls for the crossover at the Valley Mill Road intersection with Route 7 to be closed with Valley Mill relocated to eventually intersect with the proposed Haggerty "spine road." This will allow for private ownership of the existing one lane bridge on Valley Mill Road that crosses Abrams Creek. Future extension of Carriage Park access to Valley Mill Road may allow future interparcel access, depending on future applicant desires should development occur to the South. 1 :cu04 fa . �i�, F T S .1E 11 s. t w l� SAY 1 t. % •iFn _ f _ � q.`>.G�, � +l i .�' '� �'".:. ii/f',T{r +st :i� ie •i i i2�� {h p _!A. 1 �� k 'io �� � :.. •, W`.s.t Kgy`� �C•1�c- t:w'' 3;'_•..^. A' `. �' �1ii,�+`, i }'it "i�l _. 1„ i--aKKK., it TT�r , •`. t r ��_ 1�` °� �,� `.iyli}. .e. .tt � \ gab .� .�,w+0 .�• w�'�1 ����?��� �'�'` yitivj'0.•1�y� •`4p} I., 1 47t a D \ -� •T>btNd '�'4' �„ • d C i <4.1..�}•l "3fi jF Ai Y �ryaN q'�µ�? �,3�,s •�",*i: ! ' -F' ; k • J Y *v^r1 ' . � f. i•4 4 • !� y i s �c ko �Il S �i-5:r i t� �a� •�} xd,\ +..�_ � .. t y ,' x y,Y '•�:: � ``• ,,,�..:s,'} $y,�'�"-� , ry I A TT 611 0 jf Op. Spot. ,L CARR/AGE PARK Patton, Harris, Rust & Associates, pc GENERLIZED DEVELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22601 O VOICE: (540) 667-2139 FAX: (540) 665-0493 MEDMICK COUNTY, WRGIN14 FIGURE Z' August 2006 10 0 Park SITE SUITABILITY The site does not contain conditions that would preclude or substantially hinder development activities. The following table provides an area summary of environmental features: Carriage Park Property Environmental Features Total Project Area 45.44 acres Area in Flood Plain 10.50 acres 23.1% Area in Steep Slopes .48 acres .01% Area in Wetlands TBD TBD Lakes & Ponds 0.25 acres <.01% The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert-Berks-Blairton soil association, with the particular geology being Martinsburg shale and slopes ranging from 3% to 25%. Such geology is prevalent on land located east of Interstate 81 and is not identified as prime farmland by the Frederick County Comprehensive Plan. The site is predominantly wooded and no history of agricultural use has been identified. Two stream channels traverse the property, including Ash Hollow Run which runs parallel to Route 7 at the Northern boundary of the property. Ash Hollow Run flows into Abrams Creek which crosses the Eastern boundary of the site prior to crossing under Route 7 and ultimately terminating at Opequon Creek. Riparian buffers required by ordinance will be preserved on either side of the stream channel. Additionally, the design of the project will respect the 100 year flood plain associated with these stream channels (Figure 3). The majority of sensitive environmental areas identified will be placed in permanent open space. The National Wetlands Inventory does not identify any wetlands on the Carriage Park property, however any potential wetlands associated with the stream channels will be located within the project's open space and identified by a wetlands delineation as part of the Master Plan phase of the project. A small pond located on the Western portion of the property will be maintained within the open space required for the development as well. L ` \ \ CARRIAGE PARK Patton, Harris, Rust & Associates, pc �I o \ \ SITE CHARACTERISTICS MAP 117 E. Picodilly St. Winchester, Virginia 22601 O � Q VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, ORGlIV14 FIGUR August 2006 0 0 Carriage Park Steep slopes comprise a small portion of the Property. County regulations prevent disturbance of more than 50 percent of the identified steep slopes. As such, the proposed development scheme will disturb less than one -quarter acre of steep slopes at maximum. TRAFFIC A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. Using traffic generation figures from the I.T.E. Trip Generation Manual, 7th Edition, the TIA projects that the proposed development will produce 1,348 vehicle trips per day (VPD). The TIA further indicates that study area roads and intersections have the capacity to accommodate the trips generated by d-iis project at acceptable and manageable level of service conditions. It is important to note that approximately 15 acres of the site are currently zoned MH1 (Mobile Home Community). At a gross density of 8 units per acre as permitted by the Frederick County Zoning Ordinance, the site currently has the potential to yield nearly 120 mobile home units as a by - right use. Using the equation indicated for mobile homes by the I.T.E. Trip Generation Manual, 7th Edition, the portion of the Property zoned MH1 could yield 700 vehicle trips. Developing the remaining 30 acres of the site zoned RA as by -right residential would yield an additional 60 trips per day from six single family detached homes bringing the potential by -right traffic generation to a total of 760 vehicle trips per day. As such, die proposed development plan would produce only 588 vehicle trips per day in excess of the existing by -right traffic generation potential. Access to the site will be provided via a right-in/right-out entrance on Route 7. Project generated as well as background traffic suggests the installation of a stoplight where Route 7 intersects both Valley Mill Road and Woods 1VIill Road where the development of the Red Bud Run subdivision is nearing completion. Signalization at Woods Mill Road has been proffered as part of the Red Bud Run development. Construction of this signal has recently been completed. The County's Eastern Road Plan provides for Valley lVER Road to connect with the Haggerty project. Valley Mill Road's current intersection with Route 7 will be converted to a right-in/right-out entrance. The eventual closing of the crossover at the intersection of Valley Mill and Route 7 will move westbound project August 2006 0 0 Carriage Park generated trips from the Valley NU intersection to the future Haggerty spine road intersection at the existing Opequon Wastewater Treatment Plan entrance where greater site distances and signalization provided by the Haggerty project will provide for a safer U-turn movement. Furthermore, the Applicant has proffered that in the event a Southern connection is made to Valley Mill Road, the possibility of closing the project entrance on Route 7 is left to the discretion of Frederick County and VDOT. In recognition of the importance of the future transportation system envisioned servicing the area in close proximity to the Property's location, the Applicant has proffered $5,000.00 per single family detached and $3,000.00 per single family attached dwelling towards transportation improvements within the vicinity of the site. SEWAGE CONVEYANCE AND WATER SUPPLY Sewer service will be provided to the site through connection with the existing line located in the Blue Ridge Mobile Home Park (Figure 4). Using a standard rate of 200 gallons per day/dwelling 1 unit, it is projected that the proposed development would produce 32,200 gallons of sewer flow per - J day. Water service will be provided by connection to the existing 8 inch line that serves the adjacent Blue Ridge Mobile Home Park. Water consumption for the project will be roughly equivalent to the projected sewage generation of 32,200 gallons per day. SITE DRAINAGE Site drainage collects and leaves the site to the north and east via Ash Hollow Run and Abrams Creek prior to draining into Opequon Creek. It is anticipated that low impact development techniques including a buffer preserving existing vegetation along Route 7 and Valley Mill Road together with good erosion control practice will mitigate adverse stormwater discharge impacts. The preservation of riparian buffers and developing with respect to the existing floodplain will provide significant mitigation of nutrient losses. Actual specification of temporary and permanent facilities will be provided with final engineering and will comply with all County, State and Federal regulations. Aatgctst 2006 0 9 Carriage Park SOLID WASTE DISPOSAL FACILITIES The following table shows a projection of solid waste generation as a part of this project. Unit Tyge Units Waste Generation Total Waste lbs Single Family Detached 73 12 lbs/day 876 Single Family Attached 92 9 lbs/day 828 Total 1,704 lbs Proffered curb -side pickup will be an improvement to solid waste issues associated with increased dumpster use in the County. HISTORIC SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify any structures of historic importance on the subject site. According to the National Park Service Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is included in the battlefield study area of the Third Battle of Winchester with the northern portions of the site along Route 7 identified as core battlefield area. The Property's location coincides with the early phases of the battle when General Sheridan's Union troops advanced through Berryville Canyon towards Jubal Early's confederate troops just outside of Winchester. Portions of the battlefield in the vicinity of the site, such as the adjoining mobile home park, have lost integrity according to the National Park Service study. Recognizing the importance of the Property's location with respect to the preliminary phases of the Third Battle of Winchester, the Applicant has proffered to maintain the existing tree coverage on the Property within 100 feet of the Property boundary along Route 7 and Valley Mill Road. Additionally, the Applicant has proffered $25,000.00 allocated for security fencing at historic Star Fort. August 2006 9 Carriage Park IMPACT ON COMMUNITY FACILITIES The Applicant has proffered monies greater than the impact indicated by the newest Frederick County Fiscal Impact Model to mitigate the projected fiscal impact on community facilities attributable to the proposed rezoning. Specifically, the applicant has proffered to contribute $28,290 per single family detached unit and $20,731 per single family attached (i.e. townhome) at the time of building permit issuance. The total contribution is proffered to be allocated as follows: ■ Fire and Rescue: . ■ General Government: ■ Public Safety: ■ Library: ■ Parks and Recreation: ■ School Construction: ■ Transportation: TOTAL: Single Family Detached $720.00 per unit $320.00 per unit $658.00 per unit $267.00 per unit $2,136.00 per unit $19,189.00 per unit $5,000.00 per unit $28,290.00 per unit Single Family Attached $528.00 per unit $245.00 per unit $503.00 per unit $204.00 per unit $1,634.00 per unit $14,618.00 per unit $3,000.00 per unit $20,731.00 per unit A Traffic Impact Analysis of Carriage Park Located in: Frederick County, Virginia Prepared for: Carriage Park LLC 2022 Meadow Springs Drive Vienna, Virginia 22182 Prepared by: Patton Harris Rust & Associates, pc End neers. Surveyors, Planners. Landscape Architects. 300 Foxcroft Avenue, Suite 200 PR+T Martinsburg, West Virginia 25401 304.264.2711 HF 304.264.3671 May 06, 2005 y� OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Carriage Park development to be located along the south side of Route 7 (Berryville Pike), east of Route 660 (Woods Mill Road) in Frederick County, Virginia. The proposed project is to include 94 townhouses and 53 single-family detached residential units with access to be provided via a single site - driveway (right -in and right -out) along Route 7. The proposed development will be built - out over a single transportation phase by the year 2007. Figure 1 is provided to illustrate the location of the proposed Carriage Park development with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Carriage Park development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for the proposed Carriage Park development, • Distribution and assignment of the Carriage Park generated trips onto the completed roadway network, • Analysis of capacity and level of service using the latest version of the highway capacity software, HCS-2000, for existing and future conditions. EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersections of Route 7/Route 660 and Route 7/Route 659 (Valley Mill Road). hi order to demonstrate worst -case conditions, the existing traffic volumes were then balanced between the two intersections. Additionally, PHR+A conducted the eastbound U-turn counts at the intersection of Route 7/Woods Mill Road since planned improvements would require this movement to be diverted to the Route 7/Valley Mill Road intersection in the future. ADT (Average Daily Traffic) were established along each of the study area roadway links using a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 8.0% as determined from traffic count data provided by Virginia Department of Transportation (VDOT). Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at the intersections of Route 7/Route 660 and Route 7/Route 659. Figure 3 shows the respective existing lane geometry and AM/PM peak hour levels of service. All traffic count data and HCS-2000 levels of service worksheets are included in the Appendix section of this report. A Traffic Impact Analysis of Carriage Park PRd Project Nurnber: 13554-1-0 HMay 06, 2005 Page I No Scale Figure 1 Vicinity Map: Carriage Park in Frederick County, Virginia PHR/� A Traffic Impact Analysis of Carriage Park Project Number: 13554-1-0 May 06, 2005 Page 2 No Scale AM Peak Hour(PM Peak Hour) U. Figure 2 Existing Traffic Conditions pk- A Traf�c bnpact Analysis of Carriage ParProject Number: 13554-1-0 May 06, 2005 Page 3 No Scale 660 0 0 x a. :Y �4 Unsignalized �~ Intersection 3 v� e N SITE�C>C 0� Unsignalized Intersection 659 Denotes stop sign control * Denotes Unsignalized Critical Movement -P,,.+-A AM Peak Hour (PM Peak Hour) H Figure 3 Existing Lane Geometry and Levels of Service A Traffic Impact Analysis of Carriage Park PH Project Number: 13554-1-0 May 06, 2005 e4 Page 4 In order to estimate the future growth rates and incorporate trips associated with specific "other developments" located within the vicinity of the proposed site, PHR+A utilized the following report: A Traffic Impact Analysis of the Haggerty Property, by PHR+A, dated September 22, 2004. PHR+A applied an annual growth rate of five percent (5%) to the existing traffic volumes (shown in Figure 2) to obtain the 2007 base conditions. Based upon the 7t1i Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Table 1 to summarize the trip generation for the "other developments" surrounding the site. Figure 4 shows the 2007 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 5 shows the respective 2007 background lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. Table 1 "Other Developments" Trip Generation Summary Code Land Use Amount AM Peak Hour PM Peak Hour ADT In Out Total In Out Total Red -Bud Run 210 Single -Family Detached 300 units 55 165 219 182 107 288 3,000 Total 55 165 219 182 107 288 3,000 Toll Borthers- Eddy's Lane 210 Single -Family Detached 80 units 16 49 65 55 32 88 800 Total 16 49 65 55 32 88 800 Other Developments along Channing Drive 210 Single -Family Detached 300 units 55 165 219 182 107 288 3,000 230 Townhouse/Condo 130 units 11 53 64 50 25 75 1,131 820 Retail 120,000 SF 107 68 175 339 367 706 7,645 Total 172 286 458 570 498 1,069 11,776 Fieldstone Development 210 Single -Family Detached 63 units 13 40 54 45 26 71 630 230 Townhouse/Condo 207 units 16 77 92 73 36 109 1,801 Total 29 117 146 118 62 180 2,431 Chadwell Property 210 Single -Fa oily Detached 30 units 8 23 30 23 13 36 300 Total 8 23 30 23 13 36 300 Haggerty Property 210 Single -Family Detached 180 units 34 102 135 115 67 182 1,800 220 Apartment 60 units 7 27 33 33 18 51 511 230 Townhouse/Condo 60 units 6 28 34 26 13 40 522 Total 46 157 203 174 98 272 2,833 A Traffic Impact Analysis of Carriageark PRAProject Number: 13554-1-0 H May 06, 2 e 5 Page 5 0 No Scale 660 0 0 a, 0 m a. N � h (37)172 (235)150 109g(�147) (1234)1389 '] 31 >1 Q1 �jJ j� J>6 yG'II COI r"j6�Jsjq�� eA�e SITE V a�1e 659 AM Peak Hour(PM Peak Hour) 'TJ I A Figure 4 2007 Background Traffic Conditions A Traffic Impact Analysis of Carriage Park R-A Project Number: 13554-1-0 ,May 06, 2 p Pagee 6 6 No Scale Unsignalized Intersection Iticrsecilai� Improvement" Signalizalion SB - Meft ) B - I Right i.. SITE V *2 Unsignalized Intersection Denotes stop sign control Denotes traffic signal control * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 5 2007 Background Lane Geometry and Levels of Service PH A Tragic bitvnctAnalysis of Carriage Park Project Number: 13554-1-0 May 06, 2005 Page 7 0 ! TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) TriL Generation Report, PHR+A has prepared Table 2 to summarize the trip generation for the proposed Carriage Park development. Table 2 Proposed Development: Carriage Park Trip Generation Summary AM Peak Hour PM Peak Hour ADT Code Land Use Amount In Out Total In Out Total Carriage Park 210 Single -Family Detached 53 units 12 35 47 38 22 61 530 230 Townhouse/Condo 94 units 8 41 49 38 19 57 818 Total 20 76 96 76 41 118 1,348 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips, shown in Figure 6, was based upon local travel patterns for the roadway network surrounding the proposed Carriage Park development. Figure 7 shows the respective development -generated AM/PM peak hour trips and ADT assignments at key locations through out the study area. 2007 BUILD -OUT CONDITIONS Carriage Park assigned trips (Figure 7) were added to the 2007 background traffic volumes (Figure 4) to obtain 2007 build -out conditions. Figure 8 shows the 2007 build - out ADT and AM/PM peak hour traffic volumes at key locations through out the study area. Figure 9 shows the respective 2007 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. CONCLUSION The traffic impacts associated with the proposed Carriage Park development, assuming suggested improvements, are acceptable and manageable. Assuming planned study area intersection improvements, each of the intersections will operate with levels of service "C" or better during 2007 build -out conditions. PH A Tra is Impactroject N of Cr: 13 eg—aProject Number: 13554-1-0 May 06, 2005 Page 8 No Scale ..9 Figure 6 P R A Trip Distribution Percentages A Traffic Impact Analysis of Carriage Park Project Number: 13554-1-0 May 06, 2005 Page 9 No Scale :s Figure 7 Trip Assignments AM Peak Hour(PM Peak Hour) A Traffic Impact Analysis of Carriage Park Project Number: 13554-1-0 May 06, 2005 Page 10 No Scale 660 0 0 0 x 0 90 C. N 37(172) 411�- (2172) J J ) 12 235(15p) `* • 1 4�1185(2374) 0(1401) (1277)1516 � 7 ]I Q v� � rj Js�1.91 ��GrJleA�e SITE o � (� j G1r,► �12J °�J V a1�e 659 TJ I /A\ AM Peak Hour(PM Peak Hour) Average ■-T T + \ Daily Figure 8 2007 Build -out Traffic Conditions A Tragic bnpact Analysis o Carriage Park Pk- Project Number: 13554-1-0 May 06, 2001 Page 11 • No Scale :Y w 1� Unsignalized rim* 7 Intersection wan) �Q -l- SITE V Iiilc-rsection LOS=B(CjE Improvement" Signalizalion e �GrjfeA ��' rye ►�'� c Unsignalized Intersection Denotes stop sign control Denotes traffic signal control y' Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 9 2007 Build -out Lane Geometry and Levels of Service A Tra Ic Iniyact Analysis of Carriage Park PProject Number: 13554-1-0 H May 06, 2012 Page 12 • 0 APPENDIX • HCS-2000 Worksheets INTERSECTION CAPACITY ANALYSIS and LEVEL OF SERVICE The most current analysis methodologies used for evaluating the capacity of intersections were developed by the Transportation Research Board (TRB) in conjunction with the Federal Highway Administration (FHWA) and other members of the transportation profession. This methodology is represented in TRB Special Report Number 209, The Highway Capacity Manual (HCM). Computerized methods for conducting these analyses were developed by FHWA; and are the methods used in this report. The following brief explanations of the methodologies are adapted from the HCM. UNSIGNALIZED INTERSECTIONS - TWSC At an unsignalized two-way stop -controlled (TWSC) intersection, the major street has continuous right of way while the side street is controlled by a stop sign or yield sign. In operation, vehicles exiting the side street and crossing or turning into the main street flow must wait for "acceptable gaps" in the main street flow. The same is true of left -turning traffic from the main street that must cross the opposing flow. The analysis takes into account the probability of a gap in the main street traffic. The probability and number of acceptable gaps is lower in higher volume flows. The acceptability of a gap is modified by physical factors (sight distance, turning radius, etc.) and by characteristics of the traffic flow (percentage trucks, buses, etc.). In the analysis in these reports, all default values suggested by the HCM were used unless additional information was available. These defaults include the estimated percentage of trucks (single unit and tractor -trailer), buses and motorcycles. The level of service for TWSC intersections is determined only for individual movements - not for the intersection as a whole. The total delay is defined as the total elapsed time from when a vehicle stops at the end of the queue until the vehicle departs from the stop line; this time includes the time required for the vehicle to travel from the last -in -queue position to the first -in - queue position. UNSIGNALIZED INTERSECTIONS - AWSC At an unsignalized all -way stop -controlled (AWSC) intersection, all directions are controlled by a stop sign. Operation of AWSC intersections requires that every vehicle stop at the intersection before proceeding. Since each driver is required to stop, the judgment as to whether to proceed into the intersection is a function of the traffic conditions on the other (opposing and conflicting) approaches. Therefore, a driver proceeds only after determining that there are no vehicles currently in the intersection and that it is safe to proceed. The analysis takes into account the problem of determning, under capacity conditions for a given approach, the factors that influence the rate at which vehicles can depart successfully from the STOP line. Traffic at other approaches, which increases potential conflict, translates directly into longer driver decision times and saturation headways. The saturation headways are also influenced by characteristics of the traffic flow (slow accelerating vehicles, left turns, etc.). In the analysis in this reports, all default values suggested by the HCM were used unless additional information was available. These defaults include the estimated percentage of trucks (single unit and tractor -trailer), buses and motorcycles. The level of service for AWSC intersections is deternuned only for individual movements - not for the intersection as a whole. The total delay is defined as the total elapsed time from when a vehicle stops at the end of the queue until the vehicle departs from the stop line; this time includes the time required for the vehicle to travel from the last -in -queue position to the first -in - queue position. 3 f j l Level of Sei dice Ci iteria:for'AWSC Iii�ersections "Aver age Total Delay ; ! r` Level of Service ; sec/velr ,� I1) ,>1,0 ands<15 D >25 and <35 , SIGNALIZED INTERSECTIONS The operation (and therefore the capacity) of a signalized intersection is complicated by the fact that the signal is allocating time between conflicting traffic movements - movements that must use the same physical space. The analysis, therefore, must not only look at the physical geometry of the intersection, but the signal timing aspects as well. In the analysis of signalized intersections, two terms are important: volume to capacity ratio (v/c) and; average stopped delay (seconds per vehicle). The theoretical capacity is based on the physical geometry, the available green time (often expressed as G/C), and the traffic mix (e.g. trucks use more capacity than cars). The average stopped delay may be calculated from the v/c ratio, cycle length, quality of progression on the arterial and available green time on each approach. In this report all the default values recommended by the HCM are used unless other specific information is available (percentage of trucks, pedestrians, etc.). Existing signal timings are observed and used whenever possible. When future signals are being evaluated, an "optional' signal timing is calculated based on projected volumes. The level of service is based on the calculated average delay per vehicle for each approach and for the intersection as a whole. Based on extensive research studies, the maximum delay acceptable by the average driver is sixty seconds per vehicle at a signalized intersection. This is defined as the upper limit on the possible range of delay/level of service criteria. The following criteria describe the full range of level of service: 0 I] LEVEL OF SERVICE DESCRIPTIONS FOR SIGNALIZED INTERSECTIONS Level of Service Description A Level of Service A describes operations with very low delay, up to 10 sec per vehicle. This level of service occurs when progression is extremely favorable,'and most vehicles arrive during the green phase. Most vehicles do not stop at all. Short cycle lengths may also contribute to low delay. B Level of Service B describes operations with delay greater than 10 and up to 20 sec per vehicle. This level generally occurs with good progression, short cycle lengths, or both. More vehicles stop than for LOS A, causing higher levels of average delay. C Level Of Service C describes operations with delay greater than 20 and up to 35 sec per vehicle. These higher delays may result from fair progression, longer cycle lengths, or both. Individual cycle failures may begin to appear in this level. The number of vehicles stopping is significant at this level, though many still pass though the intersection without stopping. D Level of Service D describes operations with delay greater than 35 and up to 55 sec per vehicle. At level D, the influence of congestion becomes more noticeable. Longer delays may result from some combination of unfavorable progression, longer cycle lengths, or high We ratios. Many vehicles stop, and the proportion of vehicles not stopping declines. Individual cycle failures are noticeable. E Level of Service E describes operations with delay greater than 55 and up to 80 sec per vehicle. This level is considered by many agencies to be the limit of acceptable delay. These high delay values generally indicate poor progression, long cycle lengths, and high v/c ratios. Individual cycle failures are frequent occurrences. F Level of Service F describes operations with delay in excess of 80 sec per vehicle. This level, considered to be unacceptable to most drivers, often occurs with over saturation, that is, when arrival flow rates exceed the capacity of the intersection. It may also occur at high v/c ratios below 1.0 with many individual cycle failures. Poor progression and cycle lengths may also be major contributing causes to such delay levels. 0 • TWO-WAY STOP CONTROL SUMMARY ueneral Information Site Information Analyst PHR+A Intersection Route 7 & Route 660 Agency/Co. PHR+A Jurisdiction Frederick County, Virinia Date Performed 09110104 Analysis Year 2007 Buildout Conditions Analysis Time Period PM Peak Hour Project Description Carriage Park Development East/West Street: Route 7 North/South Street: Route 660 Intersection Orientation: East-West IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h 235 1280 0 31 2172 172 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate (veh/h) 247 1347 0 32 2286 181 Proportion of heavy vehicles, PHv 6 - -- 6 -- -- Median type Raised curb RT Channelized? 0 0 Lanes 1 2 0 0 2 0 Configuration L T LT TR Upstream Signal 0 0 "Iinor Street Northbound Southbound �ovement 7 8 9 10 11 12 L T R L T R Volume veh/h 0 0 0 43 0 131 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate (veh/h) 0 0 1 0 45 0 1 137 Proportion of heavy vehicles, PHv 6 0 6 6 0 6 Percent grade (%) 0 0 Flared approach N Y Storage 0 1 RT Channelized? 0 0 Lanes 0 0 0 0 0 0 Configuration LR Control Delay,Queue Length, Level of Service Approach EB WB Northbound Southbound Movement 1 4" 7 8 9 10 11 12 Lane Configuration L LT LR Volume, v (vph) 247 32 182 Capacity, cm (vph) 174 487 /c ratio 1.42 0.07 Queue length (95%) 15.21 0.21 -. ntrol Delay (s/veh) 268.8 12.9 .bs F B Patton Harris Rust & Associates s/veh IICS2000TM Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d Patton Harris Rust & Associates HCS2000'"' DETAILED REPORT :+eneral Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 4/5/2005 Time Period AM Peak Hour Intersection Route 7 &Woods Mill Rd Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 2007 Build -out Conditions Project ID Carriage Park Development Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, Ni 1 2 0 0 2 1 0 0 0 1 0 1 Lane group L T LT R L R Volume, V (vph) 150 1401 8 1140 37 127 152 Heavy vehicles, %HV 6 6 6 6 6 6 6 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P) or actuated (A) A A A A A A A Start-up lost time, 11 2.0 2.0 2.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 3 3 3 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/metering, I 1.000 1.000 1.000 1.000 1.000 1.000 1.000 .11itial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 Ped /Bike / RTOR volumes 0 0 0 0 0 45 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking /Grade /Parking N 0 N N 0 N N N N 0 N Parking maneuvers, NM Buses stopping, NB 0 0 0 0 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 3.2 Phasing EW Perm 02 03 04 SB Only 06 07 08 Timing G= 55.0 G= G= G= G= 25.0 G= G= G= Y= 5 Y= Y= Y= Y= 5 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 90.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted flow rate, v 158 1475 1208 39 134 113 Lane group capacity, c 191 2086 1967 1524 473 423 v/c ratio, X 0.83 0.71 0.61 0.03 0.28 0.27 Total green ratio, g/C 0.61 0.61 0.61 1.00 0.28 0.28 �'niform delay, d1 ,�`.rogression factor, PF 13.8 1.000 12.0 1.000 10.9 1.000 0.0 0.950 25.5 1.000 25.4 1.000 Patton Harris Rust & Associates Delay calibration, k 0.37 0.27 0.20 0.11 0.11 1 0.11 6 cremental delay, d2 25.0 1.1 0.6 0.0 0.3 0.3 Initial queue delay, d3 Control delay 38.7 13.1 11.5 0.0 25.8 25.7 Lane group LOS D B B A C C Approach delay 15.6 11.1 25.8 Approach LOS B B C Intersection delay 14.6 Xc = 0.66 Intersection LOS B HCS2000"M Copyright © 2000 University of Florida, All Rights Reserved Version 4.1e Patton Harris Rust & Associates 0 HCS2000.. DETAILED REPORT general Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 41512005 Time Period PM Peak Hour Intersection Route 7 & Woods Mill Rd Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 2007 Build -out Conditions Project ID Carriage Park Development Volume and Timing Input EB WB NB SB LT TH RT LT TH I RT LT TH RT LT TH RT Number of lanes, N� 1 2 0 0 2 1 0 0 0 1 0 1 Lane group L T LT R L R Volume, V (vph) 235 1280 31 2172 172 43 131 % Heavy vehicles, %HV 6 6 6 6 6 6 6 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P) or actuated (A) A A A A A A A Start-up lost time, I, 2.0 2.0 2.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 3 3 3 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 1.000 itial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 0 45 Lane width 12.0 12.0 12.0 12.0 112.0 12.0 Parking / Grade / Parking N 0 N N 0 N N N N 0 N Parking maneuvers, NM Buses stopping, NB 0 0 0 0 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 3.2 Phasing EB Only EW Perm 03 04 SB Only 06 07 08 Timing G= 6.0 G= 66.0 G= G= G= 8.0 G= G= G= Y= 0 Y= 5 Y= Y= Y= 5 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 90.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH I RT Adjusted flow rate, v 247 1347 2319 181 45 91 Lane group capacity, c 194 2730 2274 1338 151 322 v/c ratio, X 1.27 0.49 1.02 0.14 0.30 0.28 Total green ratio, g/C 0.80 0.80 0.73 0.88 0.09 0.21 ' Jniform delay, d1 30.1 3.0 12.0 0.8 38.4 29.8 ;lrogression factor, PF 1.000 1.000 1.000 1.000 1 1.000 1.000 Patton Harris Rust & Associates Delay calibration, k 0.50 0.11 0,50 0.11 0.11 0.11 . icremental delay, d2 156.8 0.1 24.0 0.0 1.1 0.5 Initial queue delay, d3 Control delay 186.9 3.1 36.0 0.8 39.5 30.3 Lane group LOS F A D A D C Approach delay 31.6 33.5 33.3 Approach LOS C C C Intersection delay 32.8 X, = 1.48 Intersection LOS C HCS2000TM Copyright © 2000 University of Florida, All Rights Reserved Version 4.1 e Patton Harris Rust & Associates 0 • Traffic Counts 0 • Intersection: E-W: I ROUTE 7 WeatherlDry File Name N-S: I ROUTE 659 Count By I JIP Input By J7P Location WfNCHESTER, VA Count Date 3/30/2005 15 Minute EB: ROUTE 7 WB: ROUTE 7 NB: ROUTE 659 SB: 15 Min. Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E & W Begining 7:00 0 270 1 271 3 144 0 147 2 0 11 13 0 0 0 0 431 7:00 7:15 0 275 0 275 2 156 0 158 3 0 9 12 0 0 0 0 445 7:15 7:30 0 269 1 270 5 163 0 168 6 0 14 20 0 0 0 0 458 7:30 7:45 0 288 3 291 7 178 0 185 9 0 12 21 0 0 0 0 497 7:45 8:00 0 290 2 292 6 187 0 193 7 0 7 14 0 0 0 0 499 8:00 8:15 0 277 1 278 5 190 0 195 5 0 12 17 0 0 0 0 490 8:15 8:30 0 276 2 278 3 196 0 199 3 0 14 17 0 0 0 0 494 8:30 8:45 0 260 2 262 5 187 0 192 5 0 9 14 0 0 0 0 468 8:45 A.M. Total F 0 2205 12 2217 36 1401 0 1437 40 0 88 128 0 0 0 0 3782 A.M.'rotal 16:00 0 201 2 203 12 417 0 429 I 0 3 4 0 0 0 0 636 16:00 16:15 0 197 4 201 14 430 0 444 4 0 7 11 0 0 0 0 656 16:15 16:30 0 210 3 213 16 427 0 443 3 0 6 9 0 0 0 0 665 16:30 16:45 0 203 3 206 17 439 0 456 4 0 8 12 0 0 0 0 674 16:45 17:00 0 210 5 215 21 448 0 469 5 0 5 10 0 0 0 0 694 17:00 17:15 0 197 4 201 15 451 0 466 3 0 8 11 0 0 0 0 678 17:15 17:30 0 188 4 192 10 433 0 443 6 0 5 11 0 0 0 0 646 17:30 17:45 0 181 5 186 7 412 0 419 2 0 6 8 0 0 0 0 613 17:45 P.M. Total 0 1587 30 1617 112 3457 0 3569 28 0 48 76 0 0 0 0 5262 P.M. Total 1 Hour EB: ROUTE 7 WB: ROUTE 7 NB: ROUTE 659 SB: 1 Hour Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E&W Begining 7:00 0 1102 5 1107 17 641 0 658 20 0 46 66 0 0 0 0 1831 7:00 7:15 0 1122 6 1128 20 684 0 704 25 0 42 67 0 0 0 0 1899 7:15 7:30 0 1124 7 1131 23 718 0 741 27 0 45 72 0 0 0 0 1944 7:30 7:45 0 1131 8 1139 21 751 0 772 24 0 45 69 0 0 0 0 1980 7:45 8:00 0 1103 7 1110 19 760 0 779 20 0 42 62 0 0 0 0 1951 8:00 16:00 0 811 12 823 59 1713 0 1772 12 0 24 36 0 0 0 0 2631 16:00 16:15 0 820 15 835 68 1744 0 1812 16 0 26 42 0 0 0 0 2689 16:15 16:30 0 820 15 835 69 1765 0 1834 15 0 27 42 0 0 0 0 2711 16:30 16:45 0 798 16 814 63 1771 0 1834 18 0 26 44 0 0 0 0 2692 16:45 17:00 0 776 18 794 53 1744 0 1797 16 0 24 40 0 0 0 0 2631 17:00 1 Hour EB: ROUTE 7 WB: ROUTE 7 NB: ROUTE 659 SB: 1 Hour Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E&\V Begining 7:45 0 1131 8 1139 21 751 0 772 24 0 45 69 0 0 0 0 1980 7:45 A.M. Peak PHF = 0.98 PHF = 0.97 PHF = 0.82 PHF = 0.99 A.M. Peak 16:30 0 820 15 835 69 1765 0 1834 15 0 27 42 0 0 0 0 2711 16:30 P.M. Peak PHF = 0.97 PHF = 0.98 PHF = 0.88 PHF = 0.98 P.M. Peak • • Intersection: E-W: ROUTE 7 WeatherlDry File Name N-S: ROUTE 660 Count ByjJJP Input By JJP Location WINCHESTER, VA Count Date 3/2912005 15 Minute EB: ROUTE 7 WB: ROUTE 7 NB: ROUTE 660 SB: ROUTE 660 15 Min. Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E & W Begining 7:00 15 258 0 273 0 134 4 138 0 0 0 0 13 0 6 19 430 7:00 7:15 19 266 0 285 0 156 8 164 0 0 0 0 11 0 8 19 468 7:15 7:30 22 256 0 278 0 166 8 174 0 0 0 0 14 0 11 25 477 7:30 7:45 27 269 0 296 0 177 6 183 0 0 0 0 22 0 9 31 510 7:45 8:00 25 271 0 296 0 189 4 193 0 0 0 0 19 0 6 25 514 8:00 8:15 22 257 0 279 0 188 6 194 0 0 0 0 21 0 7 28 501 8:15 8:30 25 252 0 277 0 190 5 195 0 0 0 0 16 0 4 20 492 8:30 8:45 28 249 0 277 0 195 7 202 0 0 0 0 13 0 7 20 499 8:45 A.M. Total 183 2078 0 2261 0 1395 48 1443 0 0 0 0 129 0 58 187 3891 A.M. Total 16:00 30 200 0 230 0 399 16 415 0 0 0 0 3 0 12 15 660 16:00 16:15 32 196 0 228 0 401 19 420 0 0 0 0 5 0 10 15 663 16:15 16:30 28 209 0 237 0 411 22 433 0 0 0 0 4 0 11 15 685 16:30 16:45 21 202 0 223 0 416 29 445 0 0 0 0 4 0 14 18 686 16:45 17:00 21 210 0 231 0 432 33 465 0 0 0 0 5 0 10 15 711 17:00 17:15 20 199 0 219 0 419 31 450 0 0 0 0 2 0 11 13 682 17:15 1 17:30 15 189 0 204 0 398 28 426 0 0 0 0 3 0 6 9 639 17:30 1 17:45 16 183 0 199 0 382 22 404 0 0 0 0 3 0 7 10 613 1 17:45 P.M. Total 183 1588 0 1771 0 3258 200 3458 0 0 0 0 29 0 81 110 5339 P.M. Total 1 Hour EB: ROUTE 7 WB: ROUTE 7 NB: ROUTE 660 SB: ROUTE 660 1 Hour Period N,S, Period Begining Left Thru Right Total Left Thm Right Total Left Thru Right Total Left Thru Right Total E & W Begining 7:00 83 1049 0 1132 0 633 26 659 0 0 0 0 60 0 34 94 1885 7:00 7:15 93 1062 0 1155 0 688 26 714 0 0 0 0 66 0 34 100 1969 7:15 7:30 96 1053 0 1149 0 720 24 744 0 0 0 0 76 0 33 109 2002 7:30 7:45 99 1049 0 1148 0 744 21 765 0 0 0 0 78 0 26 104 2017 7:45 8:00 100 1029 0 1129 0 762 22 784 0 0 0 0 69 0 24 93 2006 8:00 16:00 111 807 0 918 0 1627 86 1713 0 0 0 0 16 0 47 63 2694 16:00 16:15 102 817 0 919 0 1660 103 1763 0 0 0 0 18 0 45 63 2745 16:15 16:30 90 820 0 910 0 1678 115 1793 0 0 0 0 15 0 46 61 2764 16:30 16:45 77 800 0 877 0 1665 121 1786 0 0 0 0 14 0 41 55 2718 16:45 17:00 72 781 0 853 0 1631 114 1745 0 0 0 0 13 0 34 47 2645 17:00 1 Hour EB: ROUTE 7 WB: ROUTE 7 NB: ROUTE 660 SB: ROUTE 660 1 Hour Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E & W Begining 7:45 99 1049 0 1148 0 744 21 765 0 0 0 0 78 0 26 104 2017 7:45 A.M. Peak PHF = 0.97 PHF = 0.98 PHF = P1IF = 0.84 0.98 A.M. Peak 16:30 90 820 0 910 0 1678 115 1793 0 0 0 0 15 0 46 61 2764 16:30 P.M. Peak PHF = 0.96 P1[F = 0.96 PHF = PHF = 0.85 0.97 P.M. Peak • h LOS IICS2000CM s/ve Copyright © 2003 University of Florida, All Rights Reserved Version 4.1 d Patton Harris Rust & Associates • HCS2000'"DETAILED REPORT general Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 41512005 Time Period AM Peak Hour Intersection Route 7 & Woods Mill Rd Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 2007 Background Conditions Project ID Jordan Springs Development Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, Ni 1 2 0 0 2 1 0 0 0 1 0 1 Lane group L T T R L R Volume, V (vph) 150 1389 1095 37 127 152 % Heavy vehicles, %HV 6 6 6 6 6 6 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P) or actuated (A) A A A A A A Start-up lost time, I, 2.0 2.0 2.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 3 3 3 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 filtering/metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 1 0.0 0.0 1 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 45 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N N N 0 N Parking maneuvers, NM Buses stopping, NB 0 0 0 1 0 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 Phasing EW Perm 02 03 04 SB Only 06 07 08 Timing G= 50.0 G= G= G= G= 30.0 G= G= G= Y= 5 1Y= Y= Y= IY= 5 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 90.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted flow rate, v 158 1462 1153 39 134 113 Lane group capacity, c 171 1896 1896 1524 568 508 v/c ratio, X 0.92 0.77 0.61 0.03 0.24 0.22 Total green ratio, g/C 0.56 0.56 0.56 1.00 0.33 0.33 Jniform delay, d1 18.3 15.6 13.4 0.0 21.7 21.6 Patton Harris Rust & Associates • Progression factor, PF 1.000 1.000 1.000 0.950 1.000 1.000 Delay calibration, k 0.44 0.32 0.19 0.11 0.11 0.11 Incremental delay, d2 47.3 2.0 0.6 0.0 0.2 0.2 Initial queue delay, d3 Control delay 65.6 17.6 14.0 0.0 21.9 21.8 Lane group LOS E B B A C C Approach delay 22.3 13.5 21.9 Approach LOS C 8 C Intersection delay 18.8 X = 0.67 Intersection LOS B HCS2000TM Copyright 0 2000 University of Florida, All Rights Reserved Version 4.1e Patton Harris Rust & Associates 0 • HCS2000'" DETAILED REPORT eneral Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 41512005 Time Period PM Peak Hour Intersection Route 7 & Woods Mill Rd Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 2015 Background Conditions Project, ID Jordan Springs Development Volume and Timing Input EB WB NB SB LT TH RT LT TH I RT LT TH RT LT TH RT Number of lanes, Ni 1 2 0 0 2 1 0 0 0 1 0 1 Lane group L T T R L R Volume, V (vph) 235 1234 2147 172 43 131 % Heavy vehicles, %HV 6 6 6 6 6 6 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P) or actuated (A) A A A A A A Start-up lost time, 11 2.0 2.0 2.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 3 3 3 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 )filtering/metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 1 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 45 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N N N 0 N Parking maneuvers, NM Buses stopping, NB 0 0 0 0 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 Phasing EB Only EW Perm 03 04 SB Only 06 07 08 Timing G= 10.0 G= 60.0 G= G= G= 10.0 G= G= G= Y= 0 IY= 5 Y= Y= IY= 5 Y= Y= 1Y= Duration of Analysis, T = 0.25 Cycle Length, C = 90.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH I RT Adjusted flow rate, v 247 1299 2260 181 45 91 Lane group capacity, c 269 2655 2275 1270 189 423 v/c ratio, X 0.92 0.49 0.99 0.14 0.24 0.22 Total green ratio, g/C } Jniform delay, d1 0.78 30.9 0.78 3.6 0.67 14.8 0.83 1.4 0.11 36.5 10.28 25.0 Patton Harris Rust & Associates 0 • Progression factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 Delay calibration, k 0.44 0.11 0.49 0.11 0.11 0.11 Incremental delay, d2 34.0 0.1 173 0.1 0.7 0.3 Initial queue delay, d3 Control delay 65.0 3.7 32.1 1.5 37.2 25.2 Lane group LOS E A C A D C Approach delay 13.5 29.8 29.2 Approach LOS 8 C C Intersection delay 23.7 X� = 0.96 Intersection LOS C HCS2000'M Copyright © 2000 University of Florida, All Rights Reserved Version...1e Patton Ha>ris Rust & Associates • R LJ I Information TWO-WAY STOP CONTROL SUMMARY Site Information A Intersection AJurisdiction 05I Analvsis Year Analyst PHR+ Agency/Co. PHR+ Date Performed 041071 Analysis Time Period AM Peak Hour Project Description Carriage Park Development East/West Street: Route 7 Intersection Orientation: East-West j Vehicle Volumes and Adjustments Major Street Eastbound Movement 1 2 L T Volume veh/h 121 1419 Peak -hour factor, PHF 0.95 0.95 Hourly Flow Rate (veh/h) 127 1493 Proportion of heavy vehicles, PHv 6 -- Median type RT Channelized? Lanes 1 2 Configuration L T Upstream Signal 0 linor Street Northbounc ovement 7 8 L T Volume veh/h 164 0 Peak -hour factor, PHF 0.95 0.95 Hourly Flow Rate (veh/h) 172 0 Proportion of heavy vehicles, PHv 6 0 Percent grade (%) 0 Flared approach N Storage 0 RT Channelized? Lanes 0 0 Configuration LR Control Delay,Queue Len Approach Movement Lane Configuration Volume, v (vph) Capacity, cm (vph) v/c ratio Queue length (95%) Control Delay (s/veh) _OS th, Level of Service EB WB 1 4 L L 127 64 696 406 0.18 0.16 0.66 0.55 11.3 15.5 B C South Street: Rou Period (hrs): 0.25 3 4 R L 51 61 0.95 0.95 53 64 -- 6 Raised curb 0 0 1 TR L rn ,te 7 & Route 659 Yerick County, Virginia 7 Build -out Conditions Westbound 5 T 900 0.95 947 J 7Z Southbound 10 11 12 Patton Harris Rust & Associates IA roach delay s/veh -- -- 930.3 :)proach LOS -- -- F HCS2000TM Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d Patton Harris Rust & Associates eneral Information 0 0 TWO-WAY STOP CONTROL SUMMARY Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 04107105 Analysis Time Period PM Peak Hour Intersection Route 7 & Route 659 Jurisdiction Frederick County, Virinia Analysis Year 2007 Build -out Conditions p ect Descri tion Carria e Park Develo ment t/West Street: Route 7 North/South Street: Route 659 rsection Orientation: East-West 1Studv Period (hrs): 0.25 ✓ehicle Volumes and Adjustments Aa'or Street Eastbound Movement 1 2 L T /olume veh/h 63 1087 leak -hour factor, PHF 0.95 0.95 -burly Flow Rate (veh/h) 66 1144 'roportion of heavy rehicles, PHv 6 -- Median type IT Channelized? -anes 1 2 'onfiguration L T J stream Signal 0 91nor Street Northbound lovement 7 L Volume veh/h 103 Peak -hour factor, PHF 0.95 Hourly Flow Rate (veh/h) 108 Proportion of heavy vehicles, PHv 6 Percent grade (%) Flared approach Storage RT Channelized? Lanes 0 Configuration Control Delay,Queue Len Approach Movement Lane Configuration Volume, v (vph) Capacity, cm (vph) v/c ratio Queue length (95%) Control Delay (s/veh) _OS th Level EB 1 L 66 199 0.33 1.38 31.8 D 0 0 0 0 0 0 3 4 R _ L 168 212 0.95 0.95 176 223 -- 6 Raised curb 0 0 1 TR L 9 10 R L 115 0 ).95 0.91 121 0 n. Westbound 5 T 2208 0.95 2324 0 0 0 0 0 0 s 0 0 1 0 0 a Southbound 10 1 11 1 12 Patton Harris Rust & Associates 0 ch 3976 FICS2000'M Copyright OO 2003 University of Florida, All Rights Reserved Version 4.1d Patton Harris Rust & Associates • HCS2000'" DETAILED REPORT general Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 04107105 Time Period AM Peak Hour Intersection Route 7 & Route 659 Area Type All other areas Jurisdiction Frederick County, Virginia Analysis Year 2007 Buildout Conditions Project ID Carriage Park Development - I Suggested Improvement Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, N1 1 2 0 1 2 0 0 0 0 0 0 0 Lane group L TR L T LR Volume, V (vph) 121 1419 51 61 900 164 161 % Heavy vehicles, %HV 6 6 6 6 6 6 6 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P) or actuated (A) A A A A A A A Start-up lost time, 11 2.0 2.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 3 3 3 3 Unit extension, UE 3.0 3.0 13.0 3.0 3.0 )iltering/metering, 1 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N N Parking maneuvers, NM Buses stopping, NB 0 0 0 1 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 3.2 Phasing EW Perm 02 03 04 NB Only 06 07 08 Timing G= 52.0 G= G= G= G= 28.0 G= G= G= Y= 5 Y= Y= Y= IY= 5 Y= Y= IY= Duration of Analysis, T = 0.25 Cycle Length, C = 90.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted flow rate, v 127 1548 64 947 342 Lane group capacity, c 256 1962 85 1972 508 v/c ratio, X 0.50 0.79 0.75 0.48 0.67 Total green ratio, g/C 0.58 0.58 0.58 0.58 0.31 - )niform delay, d1 11.2 14.7 14.2 11.1 27.0 I 1.000 1.000 1.000 1.000 1.000 Patton Harris Rust & Associates Progression factor, PF l ,elay calibration, k 0.11 0.34 0.31 0.11 10.2 0.25 Incremental delay, d2 1.5 2.2 31.0 3.5 Initial queue delay, d3 Control delay 12.8 17.0 45.2 11.3 30.5 Lane group LOS 8 8 D 8 C Approach delay 16.7 13.4 30.5 Approach LOS 8 8 C Intersection delay 17.2 X, = 0.75 Intersection LOS 8 HCS2000TM Copyright © 2000 University of Florida, All Rights Reserved Version 4.1e Patton Harris Rust & Associates 0 HCS2000'" DETAILED REPORT general Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 04107105 Time Period PM Peak Hour Intersection Route 7 & Route 659 Area Type All other areas Jurisdiction Frederick County, Virginia Analysis Year 2007 Buildout Conditions Project ID Carriage Park Development - I Suggested Improvement Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, N, 1 2 0 1 2 0 0 0 0 0 0 0 Lane group L TR L T LR Volume, V (vph) 63 1087 168 212 2208 103 115 % Heavy vehicles, %HV 6 6 6 6 6 6 6 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P) or actuated (A) A A A A A A A Start-up lost time, I, 2.0 2.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 3 3 3 3 Unit extension, UE 3.0 3.0 13.0 3.0 3.0 ,.iltering/metering, 1 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 30 0 Lane width 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N N Parking maneuvers, NM Buses stopping, NB 0 0 0 0 0 Min. time for pedestrians, G 3.2 3.2 1 3.2 3.2 Phasing WB Only EW Perm 03 04 NB Only 06 07 08 Timing G= 20.0 G= 42.0 G= G= G= 20.0 G= G= G= Y= 0 IY= 5 Y= Y= IY= 5 Y= Y= 1Y= Duration of Analysis, T = 0.25 Cycle Length, C = 92.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted flow rate, v 66 1321 223 2324 197 Lane group capacity, c 78 1527 448 2300 356 v/c ratio, X 0.85 0.87 0.50 1.01 0.55 Total green ratio, g/C 0.46 0.46 0.67 0.67 0.22 )niform delay, di 22.1 22.5 17.1 15.0 32.0 I 1.000 1.000 1.000 1.000 1.000 Patton Harris Rust & Associates Progression factor, PF )'elay calibration, k 0.38 0.39 0.11 0.50 0.15 Incremental delay, d2 54.1 5.5 0.9 21.4 1.9 Initial queue delay, d3 Control delay 76.3 127.9 1 18.0 36.4 1 33.9 Lane group LOS E C 8 D C Approach delay 30.2 34.7 33.9 Approach LOS C C C Intersection delay 33.2 XC = 0.89 Intersection LOS C HCS2000'M Copyright © 2000 University of Florida, All Rights Reserved Version 4.le Patton Harris Rust & Associates TWO-WAY STOP CONTROL SUMMARY ?eneral Information Site Information Analyst PHR+A Intersection Route 7 & Route 660 Agency/Co. PHR+A Jurisdiction Frederick County, Virinia Date Performed 09110104 Analysis Year 2007 Buildout Conditions Analysis Time Period AM Peak Hour Project Description Carriage Park Development East/West Street: Route 7 North/South Street: Route 660 Intersection Orientation: East-West IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h 150 1401 0 8 1140 37 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate (veh/h) 157 1474 0 8 1200 38 Proportion of heavy vehicles, PHv 6 -- 6 -- -- Median type Raised curb RT Channelized? 0 0 Lanes 1 2 0 0 2 0 Configuration L T LT TR Upstream Signal 0 0 linor Street Jovement Northbound 7 8 9 Southbound 10 11 12 L T R L T R Volume veh/h 0 0 0 127 0 152 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate (veh/h) 0 0 1 0 133 0 ___J___160 Proportion of heavy vehicles, PHv 6 0 6 6 0 6 Percent grade (%) 0 0 Flared approach N Y Storage 0 1 RT Channelized? 0 0 Lanes 1 0 0 0 0 0 0 Configuration I I I I I LR Control Delay, Queue Len th Level of Service Approach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LT LR Volume, v (vph) 157 8 293 Capacity, cm (vph) 537 434 184 /c ratio 0.29 0.02 1.59 Queue length (95%) 1.21 0.06 19.31 1ontrol Delay (s/veh) 14.5 13.5 336.1 JOS B B F Patton Harris Rust & Associates k2proach delay s/veh - -- 336.1 �proach LOS -- F HCS2000'M Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d Patton Harris Rust & Associates IA roach delay s/veh -- -- 694.0 ))proach LOS -- F HCS2000TM Copyright © 2003 University of Florida, All Rights Reserved Version 4.Id Patton Harris Rust & Associates eneral Information 0 • TWO-WAY STOP CONTROL SUMMARY Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 04107105 Analysis Time Period PM Peak Hour Project Description Carriage Park Development East/West Street: Route 7 Intersection Orientation: East-West Vehicle Volumes and Adjustments Major Street Eastbound Movement 1 2 L T Volume veh/h 39 1071 Peak -hour factor, PHF 0.95 0.95 Hourly Flow Rate (veh/h) 41 1127 Proportion of heavy vehicles, PHv 6 Median type RT Channelized? Lanes 1 2 Configuration L T U stream Signal 0 Minor Street Northbounc ,lovement 7 8 L T Volume veh/h 103 0 Peak -hour factor, PHF 0.95 0.95 Hourly Flow Rate (veh/h) 108 0 Proportion of heavy vehicles, PHv 6 0 Percent grade (%) 0 Flared approach N Storage 0 RT Channelized? Lanes 0 0 Configuration LR Control Delay, Queue Len th Level of Service Approach EB WB Movement 1 4 Lane Configuration L L Volume, v (vph) 41 223 Capacity, cm (vph) 205 506 We ratio 0.20 0.44 Queue length (95%) 0.72 2.22 Control Delay (s/veh) .nS 26.9 17.6 I D C Intersection Route 7 & Route 659 Jurisdiction Frederick County, Virinia Analysis Year 2007 Background Conditions North/South Street: Route 659 Studv Period (hrs): 0.25 3 4 R L 168 212 0.95 0.95 176 223 -- 6 Raised curb 0 0 1 TR L 9 R 115 3.95 121 rn 0 7 Northbound 7 8 LR 229 62 3.69 24.40 1350 F z T 2178 0.95 2292 2 T 0 Southb d 11 T 0 0.95 0 0 0 Y 1 0 rJ Southbound 9 10 11 12 Patton Harris Rust & Associates • i Approach delay (s/veh) -- -- 1350 )DDroach LOS -- F IICS2000TM Copyright 0 2003 University of Florida, All Rights Reserved Version 4.1d Patton Harris Rust & Associates 0 • HCS2000'M DETAILED REPORT ,leneral Information Site Information Analyst PHR+A y Agency or rm ed 04/ PHR Peak Date Perform Time Period AM Peak Hour Intersection Route 7 & Route 659 Area Type All other areas Jurisdiction Frederick County, Virginia Analysis Year 2007 Background Conditions Carriage Park Development - Project ID Suggested Improvement Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, Ni 1 2 0 1 2 0 0 0 0 0 0 0 Lane group L TR L T LR Volume, V (vph) 76 11389 51 61 892 164 161 % Heavy vehicles, %HV 6 6 6 6 6 6 6 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P) or actuated (A) A A A A A A A Start-up lost time, 11 2.0 2.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 12.0 Arrival type, AT 3 3 3 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 filtering/metering, 1 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N N Parking maneuvers, NM Buses stopping, NB 0 0 0 0 0 Min. time for pedestrians, G1 3.2 1 3.2 1 3.2 3.2 Phasing EW Perm 02 03 04 NB Only 06 07 08 Timing G= 52.0 G= G= G= G= 28.0 G= G= G= Y= 5 1Y= Y= Y= IY= 5 Y= Y= 1Y= Duration of Analysis, T = 0.25 Cycle Length, C = 90.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT I TH RT LT TH RT LT TH RT Adjusted flow rate, v 80 1516 64 939 342 Lane group capacity, c 259 1962 91 1972 508 v/c ratio, X 0.31 0.77 0.70 0.48 0.67 Total green ratio, g/C 0.58 0.58 0.58 0.58 0.31 )niform delay, di 9.8 14.5 13.5 11.1 27.0 I 1.000 1.000 1.000 1.000 1.000 Patton Harris Rust & Associates jrogression factor, PF Delay calibration, k 0.11 0.32 0.27 0.11 0.25 Incremental delay, d2 0.7 2.0 21.7 0.2 3.5 Initial queue delay, d3 Control delay 10.4 16.5 35.2 11.2 30.5 Lane group LOS 8 8 D 8 C Approach delay 16.2 12.8 30.5 Approach LOS 8 8 C Intersection delay 16.7 Xc = 0.74 Intersection LOS 8 I-ICS2000TM Copyright 0 2000 University of Florida, All Rights Reserved Version 4.1e Patton Harris Rust & Associates HCS2000'M DETAILED REPORT 'llenerai Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 04107105 Time Period PM Peak Hour Intersection Route 7 & Route 659 Area Type All other areas Jurisdiction Frederick County, Virginia Analysis Year 2007 Background Conditions Project ID Carriage Park Development - Suggested Improvement Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, Ni 1 2 0 1 2 0 0 0 0 0 0 0 Lane group L TR L T LR Volume, V (vph) 39 1071 168 212 2178 103 115 % Heavy vehicles, %HV 6 6 6 6 6 6 6 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P) or actuated (A) A A A A A A A Start-up lost time, 11 2.0 2.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 3 3 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 -�Itering/metering, .l 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N N Parking maneuvers, NM Buses stopping, NB 0 0 0 1 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 3.2 Phasing WB Only EW Perm 03 04 NB Only 06 07 08 Timing G= 18.0 G= 40.0 G= G= IY= G= 19.0 G= G= G= Y= 0 IY= 5 Y= Y= 5 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 87.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted flow rate, v 41 1304 223 2293 229 Lane group capacity, c 83 1537 435 2275 355 v/c ratio, X 0.49 0.85 0.51 1.01 0.65 Total green ratio, g/C 0.46 0.46 0.67 0.67 0.22 f niform delay, d1 16.4 20.8 15.8 14.5 30.9 1.000 1.000 1.000 1.000 1.000 Patton Harris Rust & Associates Progression factor, PF �)elay calibration, k 0.11 0.38 0.12 0.50 120.8 0.22 Incremental delay, d2 4.6 4.7 1.0 4.0 Initial queue delay, d3 Control delay 21.0 25.5 16.8 35.3 34.9 Lane group LOS C C 8 D C Approach delay 25.4 33.7 34.9 Approach LOS C C C Intersection delay 31.0 X� = 0.91 Intersection LOS C IICS2000TM Copyright © 2000 University of Florida, All Rights Reserved Version 4.le Patton Harris Rust & Associates • 0 I Information TWO-WAY STOP CONTROL SUMMARY Site Information R+A Intersection R+AJurisdiction nalvsis Year Analyst PH Agency/Co. PH Date Performed 09110104 Analysis Time Period AM Peak Hour Project Description Carriage Park Development 7& 660 rIc. i Co East/West Street: Route 7 North/South Street: Route 660 Intersection Orientation: East-West Stud riod hrs : 0.25 Pe Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h 150 1361 0 0 1095 37 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate (veh/h) 157 1432 0 0 1152 38 Proportion of heavy vehicles, PHv 6 6 Median type Raised curb FT Channelized? 0 0 Lanes 1 2 0 0 2 0 Configuration L T T TR Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h 0 0 0 127 0 152 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate (veh/h) 0 0 0 133 0 160 Proportion of heavy vehicles, PHv 6 0 6 6 0 6 Percent grade (%) 0 0 Flared approach N Y Storage 0 1 RT Channelized? 0 0 Lanes 0 0 0 0 0 0 Configuration LR Control Delay, Queue Len th Level of Service Approach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR Volume, v (vph) 157 293 Capacity, cm (vph) 560 203 /c ratio 0.28 1.44 ueue length (95%) I 1.14 17.52 Control Delay (s/veh) 13.9 269.0 ,JCS e F Patton Harris Rust & Associates • 0 jApproach delay s/veh -- - 269.0 ftroach LOS - -- F HCS2000TM Copyright © 2003 University of Florida, All Rights Reserved Version 4.1 d Patton Harris Rust & Associates 0 . eneral Information TWO-WAY STOP CONTROL SUMMARY Site Information Intersection Jurisdiction /10/04 nalvsis Year PH Route 7 & Route 660 Frederick County, Virc 2007 Background Co Project Description Carriage Park Development East/West Street: Route 7 North/South Street: Route 660 Intersection Orientation: East-West IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h 235 1234 0 0 2147 172 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate (veh/h) 247 1298 0 0 2260 181 Proportion of heavy vehicles, PHv 6 -- - 6 -- -- Median type Raised curb RT Channelized? 0 0 Lanes 1 2 0 0 2 0 Configuration L T T TR ,Upstream Signal 0 0 Minor Street Northbound Southbound )ovement 7 8 9 10 11 12 L T R L T R Volume veh/h 0 0 0 43 0 131 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate (veh/h) 0 0 0 45 0 137 Proportion of heavy vehicles, PHv 6 0 6 6 0 6 Percent grade (%) 0 0 Flared approach N y Storage 0 1 FIT Channelized? 0 0 Lanes 0 0 0 1 0 0 0 Confi uration LR Control Delay, Queue Len th, Level of Service Approach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR Volume, v (vph) 247 182 Capacity, cm (vph) 178 v/c ratio 1.39 Queue length (95%) 14.86 Control Delay (s/veh) 254.7 .bS F Patton Harris Rust & Associates TWO-WAY STOP CONTROL SUMMARY eneral Information Analyst PHR+A Agency/Co. PHR+A Date Performed 09110104 Analysis Time Period AM Peak Hour Information Intersection Route 7 & Route 660 Jurisdiction Frederick County, Virinia Analysis Year ExistingTraffic Conditions Project Description Carriage Park Development East/West Street: Route 7 North/South Street: Route 660 Intersection Orientation: East-West IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h 99 1061 0 0 754 21 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate (veh/h) 104 1116 0 0 793 22 Proportion of heavy vehicles, PHv 6 -- - 6 -- _ Median type Raised curb RT Channelized? 0 0 Lanes 1 2 0 0 2 0 Configuration L T T TR Upstream Signal 0 0 `ginor Street Northbound Southbound fovement 7 8 9 10 11 12 L T R L T R Volume veh/h 0 0 0 78 0 26 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate (veh/h) 0 0 1 0 82 0 27 Proportion of heavy vehicles, PHv 6 0 6 6 0 6 Percent grade (%) 0 0 Flared approach N Y Storage 0 1 RT Channelized? 0 0 Lanes 0 0 0 0 0 0 Configuration LR Control Delay, Queue Len th, Level of Service Approach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR Volume, v (vph) 104 109 Capacity, cm (vph) 783 262 /c ratio 0.13 0.42 Queue length (95%) 0.46 1.94 "ontrol Delay (s/veh) 10.3 28.2 _b S I e D Patton Harris Rust & Associates 0 • roach delav (s/veh FICS2000TM Copyright OO 2003 University of Florida, All Rights Reserved 28.2 Version 4.1d Patton Harris Rust & Associates eneral Information i • TWO-WAY STOP CONTROL SUMMARY Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 09110104 Analysis Time Period PM Peak Hour Project Description Carriage Park Development East/West Street: Route 7 Intersection Orientation: East-West Vehicle Volumes and Adjustments Major Street Eastbound Movement 1 2 L T Volume veh/h 90 820 Peak -hour factor, P H F 0.95 0.95 Hourly Flow Rate (veh/h) 94 863 Proportion of heavy vehicles, PHv 6 Median type RT Channelized? Lanes 1 2 Configuration L T Upstream Signal 0 inor Street Northbound 1ovement 7 8 L T Volume veh/h 0 0 Peak -hour factor, PHF 0.95 0.95 Hourly Flow Rate (veh/h) 0 0 Proportion of heavy vehicles, PHv 6 0 Percent grade (%) 0 Flared approach N Storage 0 RT Channelized? Lanes 0 0 Configuration Control Delay, Queue Len th Level of Service Approach EB WB Movement 1 4 Lane Configuration L Volume, v (vph) 94 Capacity, cm (vph) 298 /c ratio 0.32 Queue length (95%) 1.31 ^Pontrol Delay (s/veh) _bS 22.5 Intersection Route 7 & Route 660 Jurisdiction Frederick County, Virinia Analysis Year Existing Traffic Conditions South Street: Route 660 Period (hrs): 0.25 Westbound Raised curb 0 Southbound • •• •Southbound Patton Harris Rust & Associates 0 • h delav (s/veh HCS2000rM Copyright © 2003 University of Florida, All Rights Reserved 31.3 Version 4.1d Patton Harris Rust & Associates • TWO-WAY STOP CONTROL SUMMARY Jeneral Information ISite Information Analyst PHR+A Intersection Route 7 & Route 659 Agency/Co. PHR+A Jurisdiction Frederick County, Virinia Date Performed 09110104 Analysis Year Existing Traffic Conditions Analysis Time Period AM Peak Hour Project Description Carriage Park Development East/West Street: Route 7 North/South Street: Route 659 Intersection Orientation: East-West IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h 0 1131 8 21 751 0 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate (veh/h) 0 1190 8 22 790 0 Proportion of heavy vehicles, PHv 6 Median type Raised curb RT Channelized? 0 0 Lanes 0 2 0 1 2 0 Configuration T TR L T U stream Si nal 0 0 ^Ilinor Street Northbound Southbound iovement 7 8 9 10 11 12 L T R L T R Volume veh/h 24 0 45 0 0 0 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate (veh/h) 25 0 47 0 0 1 0 Proportion of heavy vehicles, PHv 6 0 6 0 Percent grade (%) 0 0 Flared approach N Y Storage 0 1 FT Channelized? 0 0 Lanes 0 0 0 0 0 0 Configuration LR Control Delay, Queue Length, Level of Service Approach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR Volume, v (vph) 22 72 Capacity, cn, (vph) 556 297 /c ratio 0.04 0.24 Queue length (95%) 0.12 0.93 "ontrol Delay (s/veh) 11.7 21.0 _b S B C Patton Harris Rust & Associates • h del HCS20007 M 21.0 Copyright © 2003 University of Florida, All Rights Reserved Version 4.Id Patton Harris Rust & Associates I Information 0 . TWO-WAY STOP CONTROL SUMMARY Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 04107105 Analysis Time Period PM Peak Hour Intersection Route 7 & Route 659 Jurisdiction Frederick County, Virinia Analysis Year Existing Traffic Conditions Project Description Carriage Park Development East/West Street: Route 7 North/South Street: Route 659 Intersection Orientation: East-West IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h 0 820 15 69 1778 0 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate (veh/h) 0 863 15 72 1871 0 Proportion of heavy vehicles, PHv 6 Median type Raised curb RT Channelized? 0 0 Lanes 0 2 0 1 2 0 Configuration T TR L T ,Upstream Signal 0 0 ` inor Street Northbound Southbound . ovement 7 8 9 10 11 12 L T R L T R Volume veh/h 15 0 27 0 0 0 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate (veh/h) 15 0 1 28 0 0 0 Proportion of heavy vehicles, PHv 6 0 6 0 Percent grade (%) 0 0 Flared approach N Y Storage 0 1 RT Channelized? 0 0 Lanes 0 0 1 0 0 0 0 Configuration LR Control Delay, Queue Len th, Level of Service Approach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR Volume, v (vph) 72 43 Capacity, cm (vph) 740 295 /c ratio 0.10 0.15 Queue length (95%) 0.32 0.50 control Delay (s/veh) 10.4 19.3 _bS I e C Patton Hai7is Rust & Associates 0 . ,pproach delay s/veh -- -- 19.3 'pproach LOS - - C HCS2000TM Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d Patton Harris Rust & Associates 0 40 TWO-WAY STOP CONTROL SUMMARY eneral Information Site Information PHR+A Intersection /Co. PHR+AJurisdiction nalvsis Year A A Date Performed 04107105 Analysis Time Period AM Peak Hour Route 7 & Frederick 2007 Baci 659 Virginia l Conditions Project Description Carriage Park Development East/West Street: Route 7 North/South Street: Route 659 Intersection Orientation: East-West Stud Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h 76 1389 51 61 892 0 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate (veh/h) 80 1462 53 64 938 0 Proportion of heavy vehicles, PHv 6 - - 6 -- -- Median type Raised curb RT Channelized? 0 0 Lanes 1 2 0 1 2 0 Configuration L T TR L T U stream Signal 0 0 Minor Street Northbound Southbound ;lovement 7 8 9 10 11 12 L T R L T R Volume veh/h 164 0 161 0 0 0 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate (veh/h) 172 0 169 0 0 0 Proportion of heavy vehicles, PHv 6 0 6 0 Percent grade (%) 0 0 Flared approach N y Storage 0 1 RT Channelized? 0 0 Lanes 0 0 0 0 0 0 Configuration LR Control Delay,Queue Len th Level of Service Approach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LR Volume, v (vph) 80 64 341 Capacity, cm (vph) 702 418 143 We ratio 0.11 0.15 2.38 Queue length (95%) 0.38 0.54 29.14 control Delay (s/veh) 10.8 15.2 694.0 JS B C F Patton Harris Rust & Associates Janumy 2006 Carriage Park IIe IMPACT ANALYSIS -J VICINITY MAP SCALE: 1" = 1,500' AREA TABULATION: OWNER TABULATION: PARCEL ID AREA RECORDING REF. CURRENT OWNER(S) -161 9 0.2709 AC. DB 968, PG 1064 BLUE RIDGE ASSOCIATES -165A 3.3439 AC. DB 968, PG 1064 BLUE RIDGE ASSOCIATES 55-((A))-166 6.5655 AC. DB 968, PG 1064 BLUE RIDGE ASSOCIATES 55_-((A))-167 2.2610 AC. DB 968, PG 1064 BLUE RIDGE ASSOCIATES _ 55-((A )_167A —_ 5.0531 AC. INST #030003917 BLUE RIDGE ASSOCIATES 55-((A))-168 0.2602 AC. INST #030022941 BLUE RIDGE ASSOCIATES 55-((A))-174A 18.5617 AC. DB 968, PG 1064. BLUE RIDGE ASSOCIATES INST #050020490 & INST #050020491 4. /592 AC. Ub 96t3, F (; 1064 BLUE RIDGE ASSOCIATES TOTAL AREA 45.4426 AC. (THIS SURVEY) ALL AREAS: AS NOW SURVEYED LT H ,off � • /L-��, �=. v CORY M. HAYNES v No. 2539 �9`t'D sUgv�°4 DB 495, PG 51 & JERRY L. & INST #050020489 WINIFRED D. UPDYKE LEGEND: INST # DB PG HPB AC IRF IPF 0 MON N /F R/W VDOT DRN SAN SEW ESMT SURVEYOR'S CERTIFICATION: ke.) I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS SURVEY ARE THE SAME PROPERTIES CONVEYED TO JERRY L. & WINIFRED D. UPDYKE BY DEED RECORDED IN DB 495, PG 51 (ADJUSTED BY BOUNDARY LINE ADJUSTMENT RECORDED AT INST #050020489) AND TO BLUE RIDGE ASSOCIATES BY DEEDS RECORDED IN DB 968, PG 1064, INST #030003917 AND INST #030022941 (ADJUSTED BY BOUNDARY LINE ADJUSTMENTS RECORDED AT INST #050020490 AND INST #050020491) AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. INSTRUMENT NUMBER DEED BOOK PAGE HIGHWAY PLAT BOOK ACRES IRON ROD FOUND IRON PIPE FOUND IRON ROD SET (UNLESS OTHERWISE NOTED) MONUMENT NOW OR FORMERLY CENTERLINE RIGHT OF WAY VIRGINIA DEPARTMENT OF TRANSPORTATION DRAINAGE SANITARY SEWER EASEMENT UTILITY POLE SANITARY SEWER MANHOLE BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGE ASSOCIATES AND JERRY L do WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 8, 2005 SCALE: AS SHOWN DATE: AUG. 26, 2005 Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. P East Piccadilly Street, Suite 200 Winchester, H Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493„«t , c� 3 0 0 z m 0 v In n CURVE TABLE CURVE RADIUS LENGTH TANGENT BEARING CHORD DELTA C1 1457.44' 306.07' 153.60' S60'14'58"E 305.51' 12*01*56" C2 20.00' 51.26' 67.17' S07'09'13"W 38.34' 146'50'18" C3 200.36' 42.00' 21.08' S86'34'39"W 41.92' 12'00'33" C4 378.09' 396.97' 218.98' S62'30'16"W 378.98' 60'09'20" C5 325.77' 117.60' 59.45' S22'05'07"W 116.96' 20'40'58" C6 348.63' 139.48' 70.68' S23'12'19"W 138.55' 22'55'21" C7 389.50' 77.82' 39.04' S40'23'26"W 77.69' 11'26'53" C8 1407.34' 152.80' 76.48' S55'58'13"E 152.73' 6'13'15" C9 1407.34' 314.51' 157.91' 565'28'59"E 313.86' 12'48'16" TITLE REPORT REVIEW: EXCEPTIONS listed in Schedule B - Section 2 of the Lawyers Title Insurance Corporation Case No. TC05-1080 & TC05-1081 with on effective date of 08/01/05 at 2:00 PM and received by PHR+A on 09/08/05 are addressed by item number as follows: 1. None of which the surveyor has been advised, except as may be shown on the survey. AS TO ALL TRACTS: 2. Not a survey matter. 3. See survey. 4.-7. Not survey matters. AS TO TRACT ONE ONLY (PARCEL 174D): 8. R/W to Potomac Edison Co., DB 344, PG 248 - Does not affect Parcel 174D. 9. R/W to C&P Telephone Co., OB 182, PG 308 - Parcel 1740 is subject to this esmt. Location is not determined. 10. R/W to FCSA, DS 693, PG 204 - Does not affect Parcel 1740 (but does affect Parcel 174A - see survey). AS TO TRACT TWO ONLY (PARCELS 161, 165A, 166, 167, 167A, 168, 174A & 1748): 11. Esmt to C&P Telephone Co., DB 806, PG 1596 - Does not affect. AS TO TRACT TWO, PARCELS 2-9 ONLY (PARCELS 161, 165A, 166, 167. 167A, 168 & 1748): 12. Exact acreage or square footage of land described in Schedule A - as shown on survey. AS TO TRACT TWO, PARCEL 2 ONLY (PARCEL 167A): 13. Matters on plot by Lee A. Ebert, C.L.S., DB 459, PG 197 - 12' R/W - shown on survey (also see note 9). 14. Matters on plat by David M. Furstenou, L.S., DB 938, PG 1505 - Powerline - shown on survey (other items not determined by this survey). AS TO TRACT TWO, PARCEL 4 ONLY (PARCEL 165A): 15. Matters on plot by Lee A. Ebert, C.L.S., DB 443. PG 188 - Abrams Creek - shown on survey. AS TO TRACT TWO, PARCEL 5 ONLY (PARCEL 166): 16. Matters on plat by Lee A. Ebert, C.L.S., DB 280, PG 658-659 - 12' R/W - shown on survey, Abrams Creek relocated (VOOT Project No. 0007-034-101, C-501, PE-101, RW-201). See new location on sheet 4 of survey. AS TO TRACT TWO, PARCEL 6 ONLY (PARCEL 1748): 17. Matters on plat by Lee A. Ebert, C.L.S., DB 432, PG 263-264 - Abrams Creek - shown on survey. AS TO TRACT TWO, PARCEL 7 ONLY (PART OF PARCEL 167A): 18. Matters on plat by Lee A. Ebert, C.L.S., DB 284, PG 515 - see note 10. AS TO TRACT TWO, PARCEL 8 ONLY (PARCEL rs o Gf'A19. Matters on plat byLee A. Ebert, C.L.S.,DB 292, PG 412- (26�1 ��see note 9. ES v�4 NOTES: LINE TABLE ill 1. FREDERICK COUNTY TAX MAP REFERENCES: 55-((A))-PARCELS 161, 165A, 166, 167, 167A, 168 174A, 174B AND 176D. 2. PARCELS 174A & 174D (AND ADJOINING PARCELS 174C & 174E) DEPICTED HEREIN ARE BASED ON THOSE CERTAIN THREE (3) BOUNDARY LINE ADJUSTMENT PLATS PREPARED BY PHR+A, DATED APRIL 20, 2005, UPDATED JULY 7, 2005, RECORDED AT INST No.'s 050020489. 050020490 & 050020491 AND PURSUANT TO A CURRENT FIELD RUN SURVEY. 3. PARCELS 161, 165A, 166, 167, 167A, 168 & 174B DEPICTED HEREIN ARE DERIVED FROM A CURRENT FIELD RUN SURVEY (DATE OF LAST FIELD INSPECTION = AUG. 26, 2005) PURSUANT TO RECORD INFORMATION; REFERENCE THE HEREIN LISTED INSTRUMENTS RECORDED AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA AND THE FREDERICK COUNTY TAX ASSESSMENT RECORDS. 4. CURRENT ZONING: RA AND MH1 (SEE SURVEY). 5. BASIS OF MERIDIAN SHOWN HEREIN IS A FIELD RUN GPS SURVEY CONDUCTED BY THIS FIRM WHICH TIES THIS PROJECT TO NAD 83, VIRGINIA STATE PLANE (NORTH ZONE) DATUM. 6. THE LOCATION OR EXISTENCE OF UNDERGROUND UTILITIES, HAZARDOUS MATERIALS, ENVIRONMENTALLY SENSITIVE OR DAMAGED AREAS OR WETLANDS (IF ANY) IS NOT DETERMINED BY THIS SURVEY. 7. ADJOINING PROPERTY INFORMATION SHOWN HEREIN IS DERIVED FROM INFORMATION OBTAINED FROM THE FREDERICK COUNTY MAPPING SERVICE (INTERNET WEBSITE gis.co.frederick.va.us) JUNE. 2005. 8. BASED ON THE HEREIN REFERENCED FIELD SURVEY, UNLESS OTHERWISE SHOWN, THERE ARE NO APPARENT GAPS, GORES OR OVERLAPS OF WHICH THE SURVEYOR HAS ASCERTAINED OR BEEN ADVISED. 9. REFERENCE PARCEL 167; DB 968, PG 1064 AND DB 491. PG 284 APPARENTLY OMIT A LESS AND EXCEPT REFERENCE TO D8 459, PG 197 (PART OF DB 292, PG 410) WHICH CONVEYED A PORTION OF PARCEL 167 INTO PARCEL 167A. 10. REFERENCE PARCEL 167A; THE 0.66 ACRE PARCEL DESCRIBED IN DB 284, PG 513 IS NOW PART OF (CONTAINED WHOLLY WITHIN) PARCEL 167A. 11. REFERENCE PARCEL 168; INST #030022941 (PARCEL 2, TAX MAP 55-A-168) APPARENTLY OMITS A LESS AND EXCEPT REFERENCE TO THE PLAT OF DIVISION RECORDED IN DB 520, PG 864. CURRENT PARCEL 168 IS IDENTIFIED AS "PARCEL 8, 0.260 ACRES" ON SAID PLAT OF DIVISION. BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGENADSSOCIATES , ERRY L & WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 8, 2005 SCALE: AS SHOWN DATE: AUG. 26, 2005 Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 CHFGT '2 nr �N V� AojuNo c',4C S 0CIArES S5 11101 \ CJ� 1 a �, " / AO✓IJSTEO p)) p �i < (SEE NOTE 2)1 170 ao✓�sTEo =' N�� `�L UE R/OGE �- o (sEE NOTE �) -�-- A`5'.�OCIATES 55-((A))-1.74A -FAO✓l/STED OB 690, • PG 655 ~ ZGJZf/EO. �- 55-((A))-174D ` ` ZONED: MH1 ) : M H 1 _/ ZONE RA ,��--Z�D•. /AD✓IISTEO (SEE NOTE 2) 55-((A))-174A; �'� 55-((A))-165 N/F VALLEY MILL FARM, /NST. Z010001.762 /NST. 1010002874 IONM- RA � ZONED: MHO-R oc`rit+ ZO ED. A , (A)�-167 co '55—((A))-�167A, ZONED: At, ' A I^ L A a - -- �0 0 J W � 55-((A))-1651 J Q ZONED: RA ., N 55-((A)).-161 55-((A))-1746 PgR \ ZONED: RA STATE ROUTE 659V"� 0 VALLEY MILL ROAD �'��� NOTE: SHEET NUMBERS ARE LOCATED IN THE UPPER RIGHT CORNER OF EACH SCREENED OUTLINE. \+ PARCEL 161 = SHEET 4 PARCEL 165A = SHEET 5 tic, PARCEL 166 = SHEET 5 PARCEL 167 = SHEET 6 PARCEL 167A = SHEET 6 PARCEL 168 = SHEET 6 �p.LTH 0p PARCEL PARCEL 174A 1746 = SHEET 7, 8 & = SHEET 4 9 Gr� PARCEL 174D = SHEET 7� O�� C, 2 v CORY M. HAYNES a No. 2539 q 1610S GRAPHIC SCALE 0 150 300 600 1 inch = 300 ft. BOUNDARY SURVEY C CERTAIN PROPERTIES OF BLUE RIDGENDASSOCIATES JERRY L & WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT ' FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 8, 2005 SCALE: 1" = 300' DATE: AUG. 26 2005 Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 P .R +_ ^ Winchester, Virginia 22601 `1 l T 540,667.2139 F 540.665.0493 SHFFT 3 OF CY) .� M(.C) to w 0 za (� Q� 70 p M G� m Z CDQ I In Fp 9 767 yo m S66 '1 �''�'e Rq ST�9 00 - s. g0 6F Z ss4 (R�RY� �00 o 11 04, / COMMONWfE z TH MBO\ OF OIRCIN/A \ REMAINDER OF z OB .T45 -0 28 N 5MT C2 M HPB PG 252 3 J a 3 SEE SHEET �j D B 580, PC 338 N ISM —)- ((A)) — 1 74B c3 I LID w 4.7592 AC c4 0 ZONED: RA y V) c-47 EDGE OF PAVEMENT v 00 z / i o z w Y ;., �Q o J: w oN� O O) is 4c/ n z �..0 �Q a oo rn Q o00 ry z ATv 0otn CORY M. HAYNES a z No. 2539 3 9�e�os oN BOUNDARY SURVEY Z CERTAIN PROPERTIES OF BLUE RIDGE ASSOCIATES a oihir`j ,�Vh JERRY L & WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 8, 2005 SCALE: 1" a 100' DATE: AUG. 26, 2005 V^ Patton Harris Rust & Associates,pc GRAPHIC SCALE Engineers. Surveyors. Planners. Landscape Architects. / 0 50 100 200 117 East Piccadilly Street, Suite 200 ��\p _ Winchester, Virginia 22601 Ppe'Spra PH T 540.667.2139 QG t inch 100 ft. F 540.665.0493 SHEET 4 OF /IP�— S11'1 W 174A 352.37 IPF 174A / / VIRGINIA STATE PLANE NORTH / NAD 83 \ IRF ,w \ 1 \1 167A / I tis IPF � O N \55-((A))-166 6.5655 AC L1 �? \ ZONED: RA 1 \ 1 55-((A))-165A 3.3439 AC \ ZONED: RA 1 \ I a ABRAMS CREEK o'�/o SO4'31'18:' 166.36' L1`� ! 174E �NLTH op7ON 0 v CORY M. HAYNES 9 ' No. 2539 �44'D smvV � GRAPHIC SCALE 50 100 100 C0IW1W0N6YE,4Z TV OF li/RG/N/A REMAINOER Oc- OB J45, PG 28 HPS 5 PG 252 (SEE SHEET ,3j 191 �& ���� O BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGE ASSOCIATES AND JERRY L do WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 8, 2005 SCALE: 1" = 100' DATE: AUG. 26. 2005 Patton Harris Rust & Associates�pc Engineers. Surveyors. Planners. Landscape Architects. PpR+A East Piccadilly Street, Suite 200 Wi Winchester, Virginia 22601 T 540.667.2139 3 0 N } 0 z m 0 a 55-ff4J%-174E Z N18•0� 9a, E N/F BL UE R/OGE v IRF 1 a8' $ U' ASSOC/A TES �A�� 16 w \ ae 990, PC 955 a, 55 2 0 AC-24 ti 1 C) O c)NEO - , A 1 F 188.8 W o�Z� -7 52 N T1 ORN ESMT L� �! o,� p8 342. PG 66gA oho v �a �c rn ti �, IPF o y rr1 Z W s 174A ad ^lo zo l S32.34'20"W LO '- IPF 135.05' IPF to fj s35.1�'4$'W 206.06' 55—((A))-167 IPF 2.2610 AC ZONED: RA 8 6 ;'9' I 01� w wa rr1 Z U a N IU 55—((A))-167A 5.0531 AC ZONED: RA -a 1 Z W 3 LX Yam \ I W a � o_ IPF 1 co LtJ lV¢Q59Q8• o -j 0 22681, f (0 W 166 NN�Qm 12 PRIVATE R/ I j 0B 459 197 N37-41 — ����� 180. 45 4 E a S PLT H of v CORY M. HAYNES 9 No. 2539 9 JaJos GRAPHIC SCALE 0 50 100 200 1 inch = 100 ft. BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGE ASSOCIATES AND JERRY L & WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT ! FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 8, 2005 SCALE: 1" = 100' DATE: AUG. 26, 2005 Patton Harris Rust $ Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 6 OF 114C 0 N �co 174E o, 0 z 460.16, CO z N N 2 a 00 � r� c� w Intel p H I Q Z W W N �^ n Q Nf0 oN Z ADJUSTED -N w 3 (SEE NOTE 2) �`�,lo 2 N 0 0 55—((A))-174D C14^ a AC '. `)l ti ZONED: MH1 t._.' - , 90 U) ' ham. 174A y SCALE: 1" = 1000' _ _S84'17'10"E_ 320.55' s� sy / ADJUSTED 00 (SEE NOTE 2) W 55—((A))-174A / 18.5017 AC / w / ZONED: MH1 & RA / w w 4 'T / / �'jATH OF p _ f z o' k /� �� G CORNo.M. 2HA NES a / C� Ply�9� ,(( i10 61 SURN LLE� p01p0 RP x BOUNDARY SURVEY CERTAIN PROPERTIES OF / nIIF ��5 �� BLUE RIDGE ASSOCIATES / Iv AND N74•1 j 26: w 46 JERRYREDLe& WINIFRED D.UD MAGISTERIAL TRUPDYKE 9 76' FREDERICK COUNTY, VIRGINIA ICT OFF NEAR UPDATED: SEPT. 8, 2005 3p" OAK SCALE: 1" = 100' DATE: AUG. 26, 2005 Patton Harris Rust & Associates,pc GRAPHIC SCALE Engineers. Surveyors. Planners. Landscape Architects. a eO 100 200 117 East Piccadilly Street, Suite 200 PHRA Winchester, Virginia 22601 T 540.667.2139 1 inch = 100 ft. F 540.665.0493 SHEET 7 OF f `16'46'48 „e 3g6' SS • _ I ADJUSTED (SEE NOTE 2) I 55—((A))-174A 18.5017 AC ZONED: MH1 & RA I 3 I 00 in N I olv (n z O ♦- 't U W I NI O� O -j��o W_ N � O N Q N W O W � Q 3 to x V) rn u7 OUNm � I co GL z a�Qm O QOLOO z I I I I I I N ;,4 •� 1.26 469. ;,6 GRAPHIC SCALE 0 50 100 200 1 inch = 100 ft. 0 1749 174E 1 74A J%, 1LL. 1 = I UUU 0: O z W z Q J M d 00 W Invl p — — z to z o- 174A ALT H C jF Lf� v CORY M. HAYNES a No. 2539 gI8fo5 BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGE ASSOCIATES AND JERRY L. & WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, %ARGINIA UPDATED: SEPT. 8, 2005 SCALE: 1" = 100' DATE: AUG. 26, 20D5 Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. R+A East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 PH F 540.665.0493 SHEET 8 OF >66 IRF 177.98 IPF S56'17 34 "e >67 S72.05'58"E 158.05' IPF / ADJUSTED / (SEE NOTE 2) a 2 155—((A))-174A 18.5017 AC l3 1A 'j ZONED: MH1 & RA Q o / 70 r V N O �' /67A �� d J N �o = Z I IPF 4'0'-�3zt' �t;N N1740 �, ��� m � w /66 IPF 1165A S5,32 4'25., i 28\ f ` IRF --/ <IRF�- \` 74A SCALE: 1" = 1000' � H 0; G v CORY M HAYNES No. 2539 9 (g(os a GRAPHIC�SCALE 200 '44750 1�v�p4 1 inch = 100 ft. \BOUNDARY SURVEY CERTAIN PROPERTIES OF BLUE RIDGE ASSOCIATES AND JERRY L do WINIFRED D. UPDYKE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA UPDATED: SEPT. 8, 2005 SCALE: 1" m 100' DATE: AUG. 26, 2005 Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHFFT 9 OF VICINITY MAP SCALE: 1" = 1.500' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE OWNER'S CONSENT: THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE PROPERTIES OF JERRY L. & WINIFRED D. UPDYKE AND BLUE RIDGE ASSOCIATES, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. AS TQ4 PARCEL, 174E FO U R ASSOCIATES (DATE) NOTARY PUBLIC STATE OF CITY/COUNTY OF l THE FOREGOING I TRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY 1 r - (D TE) (--'IL-`� (NOTARY PUBLIC) MY COMMISSION EXPIRES 03e ( OR: BLU RIDGE ASS IA S (DA NOTARY PUBLIC STATE OF �L (l�Ol �� CITY/COUNTY OF l THE /FOREGOING � IRtSTRUrMENNTT 1WAS ACKNOWLEDGED BEFORE ME ON gY 111 l- �-{ l� 11 I�(P (DATE) PUBLIC) MY COMMISSION EXPIRES (NOTARY PUBLIC) SEE SHEET 2 FOR ADD/71ONAZ SIGNATURES AS TO PARCEL 1,74,0 SURVEYOR'S CERTIFICATE I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS BOUNDARY INNS ADJUSTMENT ARE THE SAME )PERTIES CONVEYED TO JERRY & WINIFRED D. UPDYKE BY DEED RECORDED IN D.B. 495, PG, 51 AND TO BLUE RIDGE ASSOCIATES BY DEED RECORDED IN D.B. 690, PG. 655 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. D Gf'�PLAT SHOWING �� BOUNDARY LINE ADJUSTMENT ES 9OF THE PROPERTIES OF ERRY L & WINIFRED D. UPDYKE AND BLUE RIDGE ASSOCIATES RED BUD MAGISTERIAL DISTRICT S� FREDERICK COUNTY, VIRGINIA UPDATED: JULY 7, 2005 SCALE: AS SHOWN DATE: APRIL 20, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 1 OF 3 AREA TABULATION: MINIMUM SETBACK RE! ( EMENTS: (OLD) TM 55—A-174E 5.1516 Ac. AS N URVEYED) RA SETBACKS $165-55A(1 +0.5567 Ac. TRADITIONAL FIVE —ACRE LOTS (NEW) TM 55—A-174E 5.7083 Ac. FRONT: 60'—PROPERTY LINE, ROW OR I/E SIDE/REAR (FROM ADJOINING USE): 50'—FROM RESIDENTIAL/VACANT PLD) TM 55—A-174D 4,9839 Ac. (AS NOW SURVEYED) 100'—FROM AGRICULTURAL —0.5567 Ac. 200'—FROM ORCHARD (NEW) TM 55—A-174D 4.4272 Ac. NOTE: SEE SECTION 165-55 FOR RURAL PRESERVATION LOT REQUIREMENTS ADJOINING OWNERSHIP INFORMATION: (PER ASSESSMENTS 7/1/05) MH1 SETBACKS 6165-81A(4) 55—A-165A BLUE RIDGE ASSOCIATES D.B. 968, PG. 1064 DWELLING UNITS 55—A-166 BLUE RIDGE ASSOCIATES D.B. 968, PG. 1064 20'—ROW 55—A-167 BLUE RIDGE ASSOCIATES D.B. 968, PG. 1064 10'—COMMON AREAS 55—A-167A BLUE RIDGE ASSOCIATES INSTR. #030003917 ACCESSORY 55—A-168 BLUE RIDGE ASSOCIATES INSTR. #030022941 5—PROPERTY LINE 55—A-168A BRIAN SCOTT WILLIAMS INSTR. # 040021278 55—A-169 MYRON L. do LORIE M. ACE INSTR. #030008277 55—A-170 DAVID BRAGG INSTR. #030009410 55—A-171 THREE—WAY PARTNERSHIP D.B. 596, PG. 557 OWNER'S CONSENT: THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE PROPERTIES OF JERRY L. do WINIFRED D. UPDYKE AND BLUE RIDGE ASSOCIATES, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. AS TO PARCEL 174D FOR: JERRY L. UPDYKE NOTARY PUBLIC STATE OF CITY/COUNTY OF. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON MY COMMISSION EXPIRES (NOTARY PUBLIC) FOR: WINIFRED D. UPDYKE NOTARY PUBLIC STATE OF CITY/COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON (NOTARY PUBLIC) NOTES: PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH LOCAL ORDINANCES. MY CC (DATE) BY (DATE) (DATE) BY (DATE) N cl PLAT SHOWING BOUNCDAR E PROPERDEU ADJUSTMENT f JERRY L & WINIJFRED D. �H UPDYKE f BLUE RIDGE ASSOCIATES 9 RED BUD MAGISTERIAL DISTRICT OWHAYNES FREDERICK COUNTY, VIRGINIA UPDATED: JULY 7, 2005 SCALE: 1"=100' DATE: APRIL 20, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING — LAND SURVEYING — PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 2 OF 3 IpNFA))— 71 j 0 w Q U O U C/1 V) 01 Q N I O W O C� LLJ Z J m L� z ti IRS I• IOrVf � 'QA 7RF 55-((A))-770 -ZS71516.. 8, 55_((A))-169 E S8z'19'76 y _ 55- ((A))-1684 73.82. f 577.0 p, 55—((A))-174E BLUE RIDGE ASSOCIATES 5.1516 D.B. 690, PG. 655 Ac. (OLD, AS NOW SUR 5.7083 Ac. (NEW) ZONED.• A1111 (OLD) PROPERTY LINE HEREBY VACATED IRS S76'46'481 -0.16' (NEW) PROPERTY LINE—/ HEREBY CREATED Ir- W � 00 d N o JERRY Z 3 oIN� o Cn N _NN IRS • 0 Ld I— _Q U O L()� (n O I� Q Ld 0 v 00 v 0) I � in m J O N CO l.� z �,LT H OF pf� ZONED.• MHl �ti CORY M. HAYNES v No. 2539 pY5� '71716 S 320.55' IRg PLAT SHOWING IRS N84'17'10"W BOUNDARY LINE ADJUSTMENT OF THE PROPERTIES OF 55—((A))-174C ZONED.• MH> JERRY L & WINIFRED D. UPDYKE N/F BLUE RIDGE ASSOCIATES AND I INST. #030022941 BLUE RIDGE ASSOCIATES RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE UPDATED: JULY 7, zoos 0 50 100 soo SEE SHEET 2 OF 3 FOR SCALE: 1"=100' DATE: APRIL 20. 2005 ADDITIONAL ADJOINING PATTON HARRIS RUST & ASSOCIATES OWNERSHIP INFORMATION. A PROFESSIONAL CORPORATION CONSULTING ENGINEERING — LAND SURVEYING — PLANNING 1 inch = 100 ft. 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 3 OF 2 1 4.9839 55—((A))-174D L. & WINIFRED D. UPDYKE D.B. 495, PG. 51 Ac. (OLD, AS NOW SURVEYED) 4.4271 Ac. (NEW) Q n D I I d n 2 VICINITY MAP SCALE: 1" = 1,500' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE OWNER'S CONSENT: THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE PROPERTIES OF BLUE RIDGE ASSOCIATES, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS ND TRUSTEES, IF ANY. F BL E ASSOCIATES (DATE) NOTARY PUBLIC (( / 1 L,- STATE OF U ICCkI*Mi t CITY/COUNTY OF.Loi ncCl FL Li �1 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON —71130S BY ex u Q (DATE) �m MY COMMISSION EXPIRES (NOTARY PUBLIC) J-;"ya a FOR: LUE RIDGE ASSOCI S (D E) IOTARY PUBLIC �,� �,np� STATE OF �1CC.�iY1\Cis CITY/COUNTY OF. �II IC Q THE FOREGO[ G INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON �l I1 [) �Q BY in (NOTARY, PUBLIC) SURVEYOR'S CERTIFICATE I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS BOUNDARY !NE ADJUSTMENT ARE THE SAME PROPERTIES CONVEYED TO BLUE RIDGE ASSOCIATES BY DEEDS RECORDED IN D.B. 690. PG. 655 AND D.B. 968, PG. 1064 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. (DATE) MY COMMISSION EXPIRES yLSU ALT HGrp' O PLAT SHOWING 0 CORY M. HAYNES a BOUNDARY LINE ADJUSTMENT No. 2539 OF THE PROPERTIES OF 7/7/0S BLUE RIDGE ASSOCIATES RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA { 4 UPDATED: JULY 7, 2005 9 rU SURVO SCALE AS SHOWN DATE APRIL 20 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 1 OF 3 AREA TABULATION: (OLD) TM 55—A-174A 8.2472 Ac. (AS NOW SURVEYED) —0.2380 Ac. (NEW) TM 55—A-174A 8.0092 Ac. (OLD) TM 55—A-174E 5.7083 Ac. +0.2380 Ac. (NEW) TM 55—A-174E 5.9463 Ac. MINIMUM SETBACK REQUIREMENTS RA SETBACKS §165-55A(1 ((22) TRADITIONAL FIVE —ACRE LOTS FRONT: 60'—PROPERTY LINE, ROW OR I/E SIDE/REAR (FROM ADJOINING USE): 50'—FROM RESIDENTIAL/VACANT 100'—FROM AGRICULTURAL 200'—FROM ORCHARD NOTE: SEE SECTION 165-55 FOR RURAL PRESERVATION LOT REQUIREMENTS MH1 SETBACKS §165-81A(4) DWELLING UNITS 20'—ROW 10'—COMMON AREAS ACCESSORY 5'—PROPERTY LINE NOTES PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH LOCAL ORDINANCES. ADJOINING OWNERSHIP INFORMATION: (PER ASSESSMENTS 7/1/05) 55—A-165A BLUE RIDGE ASSOCIATES 55—A-166 BLUE RIDGE ASSOCIATES 55—A-167 BLUE RIDGE ASSOCIATES 55—A-167A BLUE RIDGE ASSOCIATES 55—A-168 BLUE RIDGE ASSOCIATES 55—A-168A BRIAN SCOTT WILLIAMS 55—A-169 MYRON L. & LORIE M. ACE 55—A-170 DAVID BRAGG 55—A-171 THREE—WAY PARTNERSHIP D.B. 968, PG. 1064 D.B. 968, PG. 1064 D.B. 968, PG. 1064 INSTR. #030003917 INSTR. #030022941 INSTR. # 040021278 INSTR. #030008277 INSTR, #030009410 D.B. 596, PG. 557 PLAT SHOWING o� f� BOUNDARY LINE ADJUSTMENT OF THE PROPERTIES OF BLUE RIDGE ASSOCIATES RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA j7/7/0& UPDATED: JULY 7, 2005 SCALE: AS SHOWN DATE: APRIL 20, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION ONSULTING ENGINEERING — LAND SURVEYING — PLANNING 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 (540) 667-2139 SHEET 2 OF 3 55-((A))-171 55-((A55 —ZONED. RS IRF )8 1 �0*-(('g)l-)((5S82-19,1'11EON�16g��- 9'1g�E IO 1 o N 13'82. NEB' lLfy� —577 0p' z cOl � W _ /r-77.98' l� 55-((A))-167 I72'05'58"E ZONED.• RA ,-) z 55-((A))-174E BLUE RIDGE ASSOCIATES '' o 15 D.B. 690, PG. 655 o W / s w INSTR. #05_ _ O Lj d 5.7083 Ac. (OLD) a Z NI d ul 0 z IRS PPF PPF 5.9463 Ac. (NEW) "-`W� Q � ��ti LIJ <4 W p Ly PPF �Cv W �W ,48 ,w— 480.44' z I C'� PPF 55-((A))-174D N/F BLUE RIDGE ASSOCIATES D.B. 495, PG 51 ZONED.•, &H1 55-((A))-174C N/F BLUE RIDGE ASSOCIATES INST. #030022941 ZONED.• &Hl IRS IRS w 20.28' 3 �O Imo^ tO OM Z N I� � IR IPF — — IRS c� pb tip/ �� `�`' �pG b�•e 5 41 / o �� PG boo ZOEv 2 co / / IRS N34'08'49"W g� -- 00.00' 24" OAK S56-17'34"E - 158.05 PPF ^cb, 0 55-((A))-167A ZONED.• RA 2'34'20"W 135.05' 55-((A))-166 ZONED.• RA 55-((A))-165 N/F VALLEY MILL FARM, L.C. INST. #010001362 ZONED.• RA PLAT SEE SHEET 2 OF 3 FOR`�'P�TH OF p ING BOUNDARY LINEADJUSTMENT ADDITIONAL ADJOINING OF THE PROPERTIES OF OWNERSHIP INFORMATION.UNo.2539 BLUE RIDGE ASSOCIATES ! RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA GRAPHIC SCALESCALE: 1" 1so' U P AT:D: JULY27, zoos0 75 150 300PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 1 inch = 150 ft.117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 3 OF i 0 a I I r i VICINITY MAP SCALE: 1 " = 1, 500' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR _ DATE OWNER'S CONSENT: THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE PROPERTIES OF BLUE RIDGE ASSOCIATES, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. / -�;- G� FOR /BL OE RI SOCIATES (DATE) ��NO//TARY PUBLIC STATE OF �/ I ��] 1� CITY/COUNTY OF I In�►IO�T _ THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON `I J �� 1 BY 1 eXfL� j�c+u (DATE) MY COMMISSION EXPIRES (NOTARY PUBLIC) bj D. Cc �� 7 FOR:VUE��RIDGESSO MAT (Dq ) NOTARY PUBLIC STATE OF in f 0 CITY/COUNTY OF `n-�1 ✓i�'Yul11 _/ THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON � BY 1 Y)1 P� �.iI�J dL� Q (DATE) " U���%] MY COMMISSION EXPIRES (NOTARY PUBLIC) SURVEYOR'S CERTIFICATE I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN PS,TH OF THE COMMONWEALTH OF VIRGINIA, HEREBY ��' Gf'A CERTIFY, TO THE BEST OF MY KNOWLEDGE O� 0� PLAT SHOWING AND BELIEF, THAT THE _ o BOUNDARY LINE ADJUSTMENT PROPERTIES CONTAINED IN THIS U CORY M. HAYNES a OF THE PROPERTIES OF BOUNDARY LINE ADJUSTMENT No. 2539 BLUE RIDGE ASSOCIATES RE THE SAME PROPERTIES / RED BUD MAGISTERIAL DISTRICT .ANVEYED TO BLUE RIDGE 7[ 7/OS FREDERICK COUNTY. VIRGINIA ASSOCIATES BY DEEDS 14 UPDATED: JULY 7, 2005 RECORDED AT D.B. 968, PG 04' DgV SCALE: AS SHOWN DATE: APRIL 20, 2005 t064 AND INST. /j030022941 PAT HARRIS RUST &ASSOCIATES AMONG THE LAND RECORDS OF A PROFESSIONAL CORPORATION FREDERICK COUNTY, VIRGINIA. CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 (540) 667-2139 SHEET 1 OF 3 AREA TABULATION: (OLD) TM 55—A-174A 8.0092 Ac. +10.4925 Ac. (NEW) TM 55—A-174A 18.5017 Ac. (OLD) TM 55—A-174C 73.12 Ac. (RECORD, INST.#030022941) —10.4925 Ac. (NEW) TM 55—A-174C 62.6275 Ac. MINIMUM SETBACK REQUIREMENTS R6SETBACKS 4165-55A(1) 2 TRADITIONAL FIVE —ACRE LOTS FRONT: 60'-PROPERTY LINE, ROW OR I/E SIDE/REAR (FROM ADJOINING USE): 50'—FROM RESIDENTIAL/VACANT 100'—FROM AGRICULTURAL 200'—FROM ORCHARD NOTE: SEE SECTION 155-55 FOR RURAL PRESERVATION LOT REQUIREMENTS MH1 SETBACKS 4165-81A(4) DWELLING UNITS 20'—ROW 10'—COMMON AREAS ACCESSORY 5'—PROPERTY LINE NOTES PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH LOCAL ORDINANCES. ADJOINING OWNERSHIP INFORMATION: (PER ASSESSMENTS 7/1/05) 55—A-165A BLUE RIDGE ASSOCIATES D.B. 968, PG. 1064 55—A-166 BLUE RIDGE ASSOCIATES D.B. 968, PG. 1064 55—A-167 BLUE RIDGE ASSOCIATES D.B. 968, PG. 1064 55—A-167A BLUE RIDGE ASSOCIATES INSTR. #030003917 55—A-168 BLUE RIDGE ASSOCIATES INSTR. #030022941 55—A-168A BRIAN SCOTT WILLIAMS INSTR. # 040021278 55—A-169 MYRON L. & LORIE M. ACE INSTR. #030008277 55—A-170 DAVID BRAGG INSTR. #030009410 55—A-171 THREE—WAY PARTNERSHIP D.B. 596, PG. 557 LINE TABLE LINE BEARING LENGTH L1 S72'05'58"E 77.98' L2 S56'17'34"E 158.05' L3 S35'17'48"W 206.06' L4 S32'34'20"W 135.05' L5 N12'49'26"E 209.07' L6 S76'46'48"E 20.28' �pLTH 0� PLAT SHOWING Grp, BOUNDARY LINE ADJUSTMENT o� G1 OF THE PROPERTIES OF BLUE RIDGE ASSOCIATES u CORY M. HAYNES 9 RED BUD MAGISTERIAL DISTRICT No. 2539 FREDERICK COUNTY, VIRGINIA 717105 UPDATED: JULY 7, 2005 SCALE: AS SHOWN DATE: APRIL 20, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 2 OF 3 I �'55—((A))-171 ZONED.• RA _(�55_ IOrirE�• I noN82'19'16"W _ �) SS P,9 i 1009.51' IRS 1 j� `169 16(8,A)�_ ' iv ,n 55-((A))-174C ,nl PPF BLUE RIDGE ASSOCIATES 55-((A))-174E INST. #030022941 d 73.12 Ac. (OLD, RECORD) 00 N/F BLUE RIDGE 62.6275 Ac. (NEW) N ASSOCIATES ZONED. MH1 N I D.B. 690, PG. 655 LO zl IRS 6'46'48"E r'3i6-.55' IRS L (NEW) PROPERTY LINES HEREBY CR N ZON��)-167 PPF _V14 �RS PPF \ 3 co Q EATED Ln 55-((A))-174D � 1 0 Q 3 N/F JERRY L. & o I t WINIFRED D. UPDYKE D.B. 690, PG. 655 IRS Ln rp v = U,Ln ZONED.• MH7 "� �n1 0 (n �ry O IPF SS 'n =�O \8�8� SF IRS IRS 55-((A))-174A S84'i7'1O"E BLUE RIDGE IRF o� 320.55' ASSOCIATES rn� D.B. 968, PG. 1064 / INST. #05 n' ��jP -/ 8.0092 Ac. (OLDx0q � j18.5017 Ac. (NEW (OLD) PROPERTY tilti� LINES HEREBY /tip VACATED I h 2035 88, 5h6�1 � / z IRS N74•11'26"yy / z 469 76, S m < z r rn 24" OAK < z u 55—((A))-165 s N/F VALLEY MILL FARM, L.C. INST. #010001362 ZONED.• RA PLAT SHOWING OF SEE SHEET 2 OF 3 FOR yl�'TH G BOUNDARY LINE ADJUSTMENT ADDITIONAL ADJOINING p� f,A OF THE PROPERTIES OF OWNERSHIP INFORMATION. 1_ G'f BLUE RIDGE ASSOCIATES RED BUD MAGISTERIAL DISTRICT v CORY M. HAYNES FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE No. 2539 SCALE: 1^=200' o TE:DAPRILY20, zoos 0 100 200 400 7r7/6S PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION �9A CONSULTING ENGINEERING - LAND SURVEYING - PLANNING �1JR 1 inch = 200 ft. vO4 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 3 OF 2 7ic6ael L B '40 9 Court Squm. 'bor wfl er, VA • • co 050021858 0 CD THIS DEED, made and dated thj�Q day olio 2005, by and among BLUE RIDGE ASSOCIATES. a Virginia General Partnership, hereinafter called the Grantor; and CARRIAGE PLACE, LLC. a Virginia Limited Liability Company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars, (S 10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, with special warranty of title, unto the Grantee, in fee simple, all of those certain lots or parcels of land described as follows: pamel 1; All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way and appurtenances thereunto belonging, lying and being situate in Red Bud Magisterial District, Frederick County, Virginia, South of State Route 7 (Berryville Pike), containing 18.5017 acres, more or less, and being more particularly described by that certain "Plat Showing Boundary Line Adjustment of the Properties of Blue Ridge Associates", dated April 20, 2005, updated July 7, 2005, drawn by Cory M. Haynes, L.S., which plat is attached to and made a part of that certain Deed of Boundary Line Adjustment dated August 1, 2005, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 050020491; and further being more particularly described on that certain plat title `Boundary Survey Certain Properties of Blue Ridge Associates and Jerry L, & Winifird D. Updyke" dated August 26, 2005, updated September 8, 2005, drawn by Cory M. Haynes, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being a portion of the lands acquired by Blue Ridge Associates, a Virginia General Partnership, by Deed dated June 20, 2000, of record in the aforesaid Clerk's Office as Instrument No. 000006314 ( Deed Book 968, Page 1064), by Deed dated September 30, 2003, of record in the aforesaid Clerk's Office as Instrument No. 030022941; by Deed of Boundary Line Adjustment dated September 7, 2005, of record in the aforesaid Clerk's Office as Instrument No. 050020490 and by Deed of Boundary Line Adjustment dated September 7, 2005, of record in the aforesaid Clerk's Office as Instrument llehael L Bryan l Cart Square 10" Wig er, VA n • 0 cn 0 No. 050020491. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property conveyed hereby. Tax Map No.: 55-A-174A Parcel2: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way and appurtenances thereunto belonging, lying and being situate in Redbud Magisterial District, Frederick County, Virginia, fronting on the southern side of State Route 7 (Berryville Pike), containing 5.0531 acres, more or less, and being more particularly described by that certain plat title "Boundary Survey Certain Properties of Blue Ridge Associates and Jerry L. & Winifred D. Updyke" dated August 26, 2005, updated September 8, 2005, drawn by Cory M. Haynes, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being the same property conveyed to Blue Ridge Associates by Deed dated February 24, 2003, of record in the aforesaid Clerk's Office as Instrument No. 030003917. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property conveyed hereby. Tax Map No.: 55-A-167A Parcel 3: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way and appurtenances thereunto belonging, lying and being situate in Redbud Magisterial District, Frederick County, Virginia, fronting on the southern side of State Route 7 (Berryville Pike), containing 0.2709 acre, more or less, and being more particularly described by that certain plat title "Boundary Survey Certain Properties of Blue Ridge Associates and Jerry L. & Winifred D. Updyke" dated August 26, 2005, updated September 8, 2005, drawn by Cory M. Haynes, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being a portion of the lands (Tract Four) acquired by Blue Ridge Associates, a Virginia General Partnership by Deed dated June 20, 2000, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 000006314 (Deed Book 968, Page 1064). Reference is hereby made to the u n LJ 11chad L. Bryan Court Square door Wit x, VA 0 Cn 0 N aforesaid instruments and the references therein contained for a more particular description of the property conveyed hereby. Tax Map No.: 55-A-161 Parcel 4: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way and appurtenances thereunto belonging, lying and being situate in Redbud Magisterial District, Frederick County, Virginia, south of State Route 7 (Berryville Pike), containing 3.3439 acres, more or less, and being more particularly described by that certain plat tide "Boundary Survey Certain Properties of Blue Ridge Associates and Jerry L. & Winifred D. Updyke" dated August 26, 2005, updated September 8, 2005, drawn by Cory M, Haynes, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being a portion of the lands (Tract Seven) acquired by Blue Ridge Associates, a Virginia General Partnership by Deed dated June 20, 2000, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 000006314 (Deed Book 968, Page 1064). Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property conveyed hereby. Tax Map No.: 55-A-165A Parcel S: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way and appurtenances thereunto belonging, lying and being situate in Redbud Magisterial District, Frederick County, Virginia, fronting on the southern side of State Route 7 (Berryville Pike), containing 6.5655 acres, more or less, and being more particularly described by that certain plat title "Boundary Survey Certain Properties of Blue Ridge Associates and Jerry L. & Winifred D. Updyke" dated August 26, 2005, updated September 8, 2005, drawn by Cory M. Haynes, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being a portion of the lands (Tract One) acquired by Blue Ridge Associates, a Virginia General Partnership by Deed dated June 20, 2000, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as llelael L. Bryan 9 Court Square 'oor Win a, VA CD Cn 0 c.� Instrument No. 000006314 (Deed Book 968, Page 1064). Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property conveyed hereby. Tax Map No.: 55-A-166 Parcel 6: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way and appurtenances thereunto belonging, lying and being situate in Redbud Magisterial District, Frederick County, Virginia, fronting on the southern side of State Route 7 (Berryville Pike) and the western side of State Route 659 (Valley Mill Road) at the intersection of said roadways, containing 4.7592 acres, more or less, and being more particularly described by that certain plat title "Boundary Survey Certain Properties of Blue Ridge Associates and Jerry L. & Winifred D. Updyke" dated August 26, 2005, updated September 8, 2005, drawn by Cory M. Haynes, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being a portion of the lands (Tract Six) acquired by Blue Ridge Associates, a Virginia General Partnership by Deed dated June 20, 2000, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 000006314 (Deed Book 968, Page 1064). Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property conveyed hereby. Tax Map No.: 55-A-174B Parcel 7. All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way and appurtenances thereunto belonging, lying and being situate in Redbud Magisterial District, Frederick County, Virginia, fronting on the southern side of State Route 7 (Benyville Pike), containing 2.2610 acres, more or less, and being more particularly described by that certain plat title "Boundary Survey Certain Properties of Blue Ridge Associates and Jerry L. & Winifred D. Updyke" dated August 26, 2005, updated September 8, 2005, drawn by Cory M. Haynes, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being a portion of the lands (Tract Three) acquired by Blue Ridge Associates, a Virginia General Partnership by Deed dated June 20, 2000, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 000006314 (Deed Book 968, Page 1064). Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property conveyed hereby. Tax Map No.: 55-A-167 Parcel 8: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way and appurtenances [hereunto belonging, lying and being situate in Redbud Magisterial District, Frederick County, Virginia, fronting on the southern side of Route 7 (Berryville Pike), containing 0.2602 acre, more or less, and being more particularly described by that certain plat title "Boundary Survey Certain Properties of Blue Ridge Associates and Jerry L. & Winifred D. Updyke" dated August 26, 2005, updated September 8, 2005, drawn by Cory M. Haynes, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being a portion of the property conveyed to Blue Ridge Associates, a Virginia Partnership, by Deed dated September 30,2003, of record in the Cleric's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 030022941. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property conveyed hereby Tax Map No.: 55-A-168 Reference is made to the aforesaid instruments and the references therein contained a more particular description of the lands conveyed hereby. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. lie6ael L. Bryan / Court Square lour Nit er, VA 5 E 0 0 (-n 0 art WtINESS the following signatures and seals: M BLUE RIDGE ASSOCIATES Y L/fJPDYKE, General Partner By J44ALX , - WINIF D D. UPD) Partner STATE OF VIRGINIA, AT LARGE, CITY/e&dN+Y OF to -wit: The foregoing instrument was acknowledged before me on the day 2005, by Jerry L. Updyke and Winifred D. Updyke, General Partners, of Blue Ridge Associates, whose names are signed to the foregoing Deed dated the 22 day of4 2005. My commission expires 3��z THIS INSTRUMENT PREPARED BY: Michael L. Bryan 9 Court Square Winchester, VA 22601 540-5454130 cAPhy1Fik% Deeds\B1w Ridge peed 9/14105 fich"I L. Bryan 0 Court Square \oor Wi, or, VA N TARY­PUBLIC R yam? PuWrl of 1/11111111t1 O 2 Janua7y 2006 Carriage Park " • TAX TICKET ViewDetail 11 • Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE20061 Ticket #: 1 48580001 FRQ: 1 Sup#: ! 0 Name: CARRIAGE PLACE, LLC Name 2: Address: 22A RICKETTS DR WINCHESTER, VA. Bill Date. 06/05/2006 Account#: 15863 Map#: 55 A 161 Description: •27 ACRE 22601 Due Date: 06/05/2006 Land: $1,600 Improve: Use: Original Bill: $4.20 Payments: $4.20- Acres: 0.27 Penalty Paid: Int Paid: Discount: Amount Owed: Other: Last Date: 06/05/2006 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 # Amount Balance 6/5/2006 Charge 0 $4.20 $4.20 6/5/2006 Payment 9958 ($4.20) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous http s://www. co. frederick.va.us/applications/REPublicInquiryNiewDetail. aspx 8/25/2006 ViewDetail 0 0 Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 48590001 FRQ: 1 Sup#: 0 Name. CARRIAGE PLACE, LLC Account#: 15867 Name 2: Map#: 55 A 165A Address: Description:', 3.34 ACRES 22A RICKETTS DR WINCHESTER, VA. 22601 Bill Date. 06/05/2006 Due Date: 06/05/2006 Land: $20,000 Improve: Use: Original Bill: $52.50 Payments: $52.50- Acres: 3.34 Penalty Paid: Int Paid: Discount: Amount Owed: Other: Last Date: 06/05/2006 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 main. Date Type Transaction # amount Balance 6/5/2006 Charge 0 $52.50 $52.50 6/5/2006 Payment 9958 ($52.50) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://www. co. frederick.va.us/applications/REPublicInquiryNiewDetail. aspx 8/25/2006 ViewDetail 10 • Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 486000011 FRQ: 1 Sup#: 0 Name: CARRIAGE PLACE, LLC Account#. 15869 Name 2: Map#: ; 55 A 166 Address: Description: 6.57 ACRES 22A RICKETTS DR WINCHESTER, VA. 22601 Bill Date: 06/05/2006 Due Date: 06/05/2006 Land: $84,4001 Improve: 1 $158,300 Use: Original Bill: $637.09 Payments: $637.09- Acres: 6.57 Penalty Paid: Int Paid: Discount: Amount Owed: Other: Last Date: 06/05/2006 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 ap-ain. Date Type Transaction # amount Balance 6/5/2006 Charge 0 $637.09 $637.09 6/5/2006 Payment 9958 ($637.09) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://www.co.frederick.va.us/applications/REPublicInquiryNiewDetail.aspx 8/25/2006 ViewDetail 10 16 Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 48610001.FRQ: 1 Sup#: 0 Name: CARRIAGE PLACE, LLC Account#: 15871 Name 2: Map#: 55 A 167 Address: Description: 2.26 ACRES 22A RICKETTS DR WINCHESTER, VA. 22601 Bill Date: 06/05/2006 Due Date: 06/05/2006 Land: $10,200 Improve: Use: Original Bill: $26.78 Payments: $26.78- Acres: 2.26 Penalty Paid: Int Paid: Discount: Amount Owed: Other: Last Date: 06/05/2006 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 main. Date Type Transaction # Amount Balance 6/5/2006 Charge 0 $26.78 $26.78 6/5/2006 Payment 9958 ($26.78) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://www.co.frederick.va.us/applications/REPublicInquiryNiewDetail.aspx 8/25/2006 Date: 9/06/06 Register: —COUNTY OF FREDERICK Time: 13:49:56 CORBETT, R. WAYNE • - 000015873 Cust.Transactions: Trans. Type: PAY Dept/Bill#: RE2006 00048630001 P/I Date: 9/06/2006 9/06/2006 Name: CARRIAGE PLACE, LLC Bill Date: 6/05/2006 Half: 1 Name 2: Address: 22A RICKETTS DR WINCHESTER, VA Zip: 22601 - 3676 Desc: .26 ACRE Land: Original Bill: Penalty Paid: Amount Owed: Total Owed: Prin. being Penalty being Total Amount F1=Amt Tender Paid: Paid: Paid: Map#: 55 A 168 MMMMMDDSSLLLLSS Acreage: .26 Dist/Cls 09 / 01 Mortg.Co.: SSN: 000 - 00 - 0000 ! 000 - 00 - 0000 Improve: Credits: Int Paid: Other: Penalty: Aging: Interest Status: $0 $5.2 $.0 $.0 $.0 being Use. $0 5 Discount: $.00 0 Last Date: 6/05/2006 0 Setoff Claim #: 00000000 0 Interest: $.00 0-0 Dpt/Act cde Paid: Promise to Pay Date: F2=Next Ticket F3=Exit F10=Funct Menu I ViewDetail • 0 Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006 , Ticket #: 48620001 FRQ: 1 Sup#: 0 Name: CARRIAGE PLACE, LLC Account#: 15870 Name 2: Map#: 55 A 167A Address: Description: 5.05 ACRES 22A RICKETTS DR WINCHESTER, VA 22601 Bill Date. 06/05/2006 Due Date: 06/05/2006 Land: $75,300 Improve: $140,900 Use: Original Bill: $567.53 Payments: $567.53- Acres: 5.5 Penalty Paid: Int Paid: Discount: Amount Owed: Othe►: Last Date: 06/05/2006 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 # Amount Balance 6/5/2006 Charge 0 $567.53 $567.53 6/5/2006 Payment 9958 ($567.53) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://www.co.fiederick.va.us/applications/REPubliclnquiryNiewDetail.aspx 8/25/2006 ViewDetail • Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #:486400011 FRQ: 1 Sup#: ! 0 Name: CARRIAGE PLACE, LLC Account#: 15879 Name 2: Map#: 55 A 174A Address: Description: 18.50 ACRES 22A RICKETTS DR WINCHESTER, VA. �22601 Bill Date. 06/05/2006 Due Date: 06/05/2006 Land: $111,000 Improve: Use: Original Bill: $291.38' Payments: $291.38- Acres: 18.50 Penalty Paid: Int Paid: �, Discount: Amount Owed: Other: Last Date: 06/05/2006 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 # amount Balance 6/5/2006 Charge 0 $291.38 $291.38 6/5/2006 Payment 9958 ($291.38) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://www. co. frederick.va. us/applications/REPublicInquiryNiewDetail. aspx 8/25/2006 ViewDetail 0 0 Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #:' 48650001 FRQ: 1 Sup#: 0 Name: CARRIAGE PLACE, LLC Account#: 15880 Name 2: Map#: 55 A 174B Address: Description:. 4.55 ACRES 22A RICKETTS DR WINCHESTER, VA. 22601 Bill Date: 06/05/2006 Due Date: 06/05/2006 Land: $27,300 Improve: Use: Original Bill: $71.67 Payments: $71.67- Acres: 4.55 Penalty Paid: Int Paid: Discount: Amount Owed: Other: Last Date: 06/05/2006 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 main. Date Type Transaction # Amount Balance 6/5/2006 Charge 0 $71.67 $71.67 6/5/2006 Payment 9958 ($71.67) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://www.co.fiederick.va.us/applications/REPublicInquiryNiewDetail.aspx 8/25/2006 ViewDetail 9 0 Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 486600011 FRQ: 1 Sup#: 0 Name. CARRIAGE PLACE, LLC Account#: 15882 Name 2: Map#: .55 A 174D Address: Description: 4.43 ACRES 22A RICKETTS DR WINCHESTER, VA 22601 Bill Date: 06/05/2006 Due Date: 06/05/2006 Land: $71,600 Improve: $162,200 Use: Original Bill: $613.73 Payments: $613.73- Acres: 4.43 Penalty Paid: Int Paid. Discount: Amount Owed: Other: Last Date: 06/05/2006 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 main. Date Type Transaction # Amount Balance 6/5/2006 Charge 0 $613.73 $613.73 6/5/2006 Payment 9958 ($613.73) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://www.co. frederick.va.us/applications/REPublicInquiryNiewDetail. aspx 8/25/2006 Januag 2006 Carriage Park V• SURVEY PLAT & DE E D 6 11 r"' I L E. C Pj PI October 23, 2007 Carriage Park Rezoning # 12-06 Patrick Sowers from PHR&A stated that the rezoning sign has been taken. There vAll be no refund for this sign. Patton Harripust & Associates PHR+1� CORPORATE Chantilly VIRGINIA OFFICES'. Bridgewate- Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beath W:ncheste, Woodbr:dae LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Vallev Williamsport PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg T 540 667.21 39 F 540.665.0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 JUL 1 8 July 18, 2007 Mr. Eric Lawrence Department of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Carriage Park -Proffer Revision Dear Eric: Please find attached a revised Proffer Statement for the Carnage Park Property dated July 17, 2007. The changes to the proffer statement are in response to the comments provided by VDOT on July 17, 2007. The only change from the previous version of the proffer statement dated June 29, 2007 as submitted to your office is as follows: Proffer 12.3 The language has been modified to state that the Applicant will construct a traffic signal at the intersection of Route 7 and Valley NO Road by the 50`s building permit "or within 180 days of receiving written notice from VDOT after issuance of the 15L building permit." Please feel free to call with any questions regarding these changes. Sincerely, Patio Harris R st & Associates Patrick R. Sowers Page 1 of 1 r Mike Ruddy From: Patrick R. Sowers [Patrick. Sowers@phra.com] Sent: Wednesday, June 13, 2007 11:41 AM To: 'Mike Ruddy' Cc: 'Eric Lawrence' Subject: Haggerty and Carriage Park Postponement Requests Mike, Per our conversation earlier, I've attached a letters requesting postponement of the public hearings scheduled for tonight for both the Carriage Park and Haggerty applications. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com 6/13/2007 Pallon Harris Rust & Associoles Engineers. Surve;o+s Plonners land<_cope Architects. CORPORATE: Chantilly VIRGINIA OFFICES: BIidge,•:ater Chantilly Charlottesville Fredcncl:_bura Leesburg i�le•::port I�le�•:s Virninin Beoch 1''Vinch?ster \Noodbridge LAEORATORIES: Chantilly Fred ericksbura MARYLAND OFFICES: Baltimore Columbia FredericL Ge.rmonto:: n Holly,::ocd Hunt Valley V%lilliomsaoo PENNSYLVANIA OFFICE: Allento:•: n WEST V13GINIA OFFICE: lvlartinsbury T 5,10,667.2139 F 540.665.0A93 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 June 13, 2007 VIA E-MAIL Mr. Michael Ruddy Deputy Director of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Haggerty Proffer Modification Request Dear Mike: I would like to request a postponement of the Haggerty Proffer Modification Request (RZ # 04-07) scheduled for a public hearing at the June 13, 2007 Frederick County Board of Supervisors meeting to allow time to revise the application. I would request that the application be scheduled for the July 25, 2007 Board of Supervisors meeting. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Patton Harris Rust & Associates Patrick R. Sowers Potion Harris RusI & Associates Engineer;. Surveyors. Planners londscoc • Archileels. June 13, 2007 VIA E-MAIL Mr. Michael Ruddy Deputy Director of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Carriage Park Rezoning Application P-HP Dear Mike: I would like to request a postponement of the Carriage Park Rezoning Application (RZ # 12-06) scheduled for a public hearing at the June 13, 2007 Frederick County CORFaxAtE: Chantilly Board of Supervisors meeting to allow time to revise the application. I would request that the application be scheduled for the July 25, 2007 Board of Supervisors VQGIIFIA OFFICES: meeting. Brides-=Y:ater Chantilly 'Ilia l le Please do not hesitate to contact me should you have any questions or concerns, 110 l le, SYl Fredericksburg Leesburg Sincerely, Necrpurl Ne,.'s Patton Harris Rust & Associates Virginia Beach `aster 4NooVood blidci- `7%—mo d ,�•+„��� Y y./J `Aeopmoms: Patrick R Sowers Chantilly Fredelickburtd MARYLAND OFFICES: 5ollinnore Colunibio Frederick Gennanto:vn Hall•; ::aecl Hunt Valley VVilliin-aport PENNSMANIA OFFICE: Allentown WEST VIRGINIA OFFICE: 1`:Aorlinsburg t 5,10.667.2139 F 540.665.0493 117 East Piccadilly Street Suite 200 \Ninchester, VA 22601 Jun-12-2007 01:02PM From-540 6004 540 635 706 POND, ATHEY, ATHEY & POND, P.C. ATTTnitNEY5 A C LAW 3.5 N. ROYAL A'VLNUF P.O. BOX,195 FRONT ROYAL, v111aINIA `2163Q J. DANif_!_ POND 11 KI WEMY NI. A71,virY CLirFORD L ATHEY..1R, J, DANIEL POND III JOHNS. BELL June 12, 2007 Fax: (540) 667-0370 Jolm Riley County Administrator, County of Frederick 107 N Kent Street Winchester, Virginia 22601 Dear John: T-622 P.001/002 F-425 PHONI- (64U1 6851-112.1 rAX (540) 685-7004 larvycl'e�Po�,d•adi cYl �i w.co m PI -WE RL'Pl-Y TO: P.O, f OXa95 1'arsuant to our telephone conversation this morning, I represent Carriage Place LL.C. with respect to the following item scheduled for Public Hearing at the June 13, 2007 meeting of the Board of Supervisors. `-Rezoning #12-06 of Carriage Park, Submitted by Patton Harris Rust & Associates, to Rezone 30.26 Acres from RA (Rural Areas) District to RP (Residential performance) District, and 15.18 Acres from M1-T1 (Mobile Home Community) District to RP (Residential Performance) District, Totaling 45.44 Acres, with Proffers, 'for up to 249 Single Family Attached Homes (Townhouses). The Properties are Located South and Adjacent to Route 7, Bast and Adjacent to Blue Ridge Mobile dome Park, and are Identified by Property Identification Numbers 55-A-161, 55-A165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A- 174D in the Red Bud Magisterial District_" By this letter, I request, on behalf of my client, Ghat the aforementioned matter be postponed and readvertized for a Public Hearing to be held on July 25, 2007 during the regularly scheduled meeting of the Frederick County Board of Supervisors. As you know, my client is making some modifications to the proposed plan as a result of the decision by Mr. Stafford not to sell the offsite easement over his property. Since Cliffc� d—L. Aqua, Jr• I Page 1 of 1 " Reminder: AOL will never ask you to send us your password or credit card number in an email. This message has been scanned for known viruses. From: sptlhill@aol.com To: clay@pond-atheylaw.com Cc: lawyers@visuallink.com Subject: Carriage Hill Project Date: Mon, 4 Jun 2007 11:02 AM Dear Clay, We are writing to inform you that we are no longer interested, under any circumstances, in allowing a right-of-way through our property to the Carriage Hill project. We ask that you not represent to anyone on the Board of Supervisors that you are in any type of negotiations with us on this matter. Further, while you have been communicating through our attorney, no meaningful negotiations have taken place for some time. We ask that you cease communicating with Mr. Hobert on this matter. We do not intend to continue expending resources on negotiating given failure of our good faith efforts to address these matters. We have informed some Board members of our position and reinforced to them our previous commitment to donate a right-of-way through our bottom property to allow for the future realignment of Valley Mill Road in accordance with the approved Eastern Road Program. Thank you, Tim and Tootser Stafford cc: All Members of the Board of Supervisors Staff at Frederick County Michael Hobert AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. J U N 5 2007 0 . Page 1 of 1 Mike Ruddy From: Patrick R. Sowers [Patrick.Sowers@phra.com] Sent: Tuesday, May 15, 2007 1:45 PM To: 'Ingram, Lloyd' Cc: 'Mike Ruddy' Subject: Carriage Park - Signalization at Route 7 Lloyd, The Proffer Statement dated May 14, 2007 did not include provisions for a traffic signal at the entrance on Route 7. Though this signal would likely be a requirement at the entrance permit phase, my client has no issues committing to providing the signal by proffer. I believe committing to the signal at tomorrow evening's public hearing is the most efficient means of addressing this issue rather than another proffer modification so close to the Planning Commission meeting. Please call with any questions. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com 5/15/2007 • Patton Horroust & Associates Engineers Surveyors Planners landscape Architects. May 14, 2007 HAND -DELIVERED Mr. Michael Ruddy Department of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 MAY 1 4 2007 RE: Carriage Park Rezoning Application - Revised Proffer Statement PI PA Dear Mike: Please find attached a revised Proffer Statement and Generalized Development Plan CORPORATE. (GDP) both dated May 14, 2007 for the Carriage Park rezoning application. We Chantilly have yet to reach a mutual agreement for off site right-of-way between my client and VIRGINIA OFFICES: the adjoining property owner to the South. The revised Proffer Statement, however, Bridgewater still maintains a commitment to work with the adjacent Property owner to acquire Chantilly this right of way and subsequently construct realigned Valley NO Road from Route 7 Charlottesville to existing Valley Mill Road prior to issuance of the 151" building permit. Should a Fredericksburg mutual agreement between my client and the adjacent property owner not be Leesburg possible, a cash contribution of $3,000.00 per unit has been proffered to give Newport News Frederick County the ability to acquire the off site right of way and construct the Virginia Beach connection from existing Valley NO Road to Carnage Park. Winchester Woodbridge Please do not hesitate to contact me should you have any questions. LABORATORIES: Chantilly Fredericksburg Sincerely, MAR YIAND OFFICES: Patton Harris Rust & Associ tes Baltimore Columbia Frederick u-�� Germantown Patrick R. Sowers Hollywood Hunt Valley CQ Frederick County Planning Commission Williamsport Barbara Van Osten, BOS Liason Denver Quinnelly, Carriage Place LLC PENNSYLVANIA OFFICE: Clay Athey Allentown Chuck Maddox WEST VIRGINIA Lloyd Ingram, VDOT OFFICE: Martinsburg T 540.667 21 39 F 540 665.0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 0 • Page I of 1 Mike Ruddy From: Mike Ruddy [mruddy@co.frederick.va.us] Sent: Friday, April 20, 2007 10:11 AM To: Patrick Sowers Subject: Carriage Park Hi Patrick: Happy Friday! I wanted to confirm, if you didn't know already, that the Planning Commission tabled the Carriage Park request until May 16, 2007. The sooner you can get us any updated information, the better. As you know, the deadlines come around pretty quickly. Today is the cut-off for that meeting as far as CUP's and Rezoning's applications go. We will be working on the agenda throughout next week. As always, I'm available if you need to get together. Thanks. Mike. 4/3 0/2007 • Mike Ruddy From: Patrick R. Sowers [Patrick. Sowers@phra.com] Sent: Friday, April 20, 2007 11:45 AM To: 'Mike Ruddy' Subject: RE: Carriage Park Mike, Thanks for the heads up on the PC Meeting date. I've notified everyone on my end. Also, we're making progress on a final version of the Proffer. Perhaps we can touch base early next week. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com -----Original Message ----- From: Mike Ruddy[mailto:mruddy@co.frederick.va.us] Sent: Friday, April 20, 2007 11:11 AM To: Patrick Sowers Subject: Carriage Park Hi Patrick: Happy Friday! I wanted to confirm, if you didn't know already, that the Planning Commission tabled the Carriage Park request until May 16, 2007. The sooner you can get us any updated information, the better. As you know, the deadlines come around pretty quickly. Today is the cut-off for that meeting as far as CUP's and Rezoning's applications go. We will be working on the agenda throughout next week. As always, I'm available if you need to get together. Thanks. Mike. 1 Patton Harris'Kirst & Associates 10 PHRA CORPORATE VIRF � OFFICES: LABORATORIES'. F I ede: I c ksbu rg MARYLAND OFFICES: Pa'smore Columbia Frederick Germantown Hollywood Hunt Vallev Williamsport PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg T 540 667.21 39 F 540.665.0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 April 4, 2007 HAND -DELIVERED Mr. Michael Ruddy Deputy Director of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Carriage Park Rezoning Application Dear Mike: APR 4 I would like to request a two week continuation of the public hearing scheduled for April 18, 2007 for the Carriage Park rezoning application in order to finalize an agreement between my client and the adjacent property owner to obtain the off site right of way needed for this project prior to a vote by the Planning Commission. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Patton Harris Rust & Associates J Patrick R Sowers CC: Clay Athey Chuck Maddox Denver Quu* nelly Mike Ruddy From: Patrick R. Sowers [Patrick. Sowers@phra.com] Sent: Monday, March 19, 2007 9:42 PM To: 'Mike Ruddy' Subject: RE: Carriage Park Mike, I had quite a busy Monday... closing on my townhouse followed by a public hearing in Middletown. With three items on the agenda this Wednesday I don't think I'll be stepping foot inside the house until Thursday at the earliest. As I'm sure you are aware from your discussion with Chuck DeHaven, we are in the process of revising the GDP and Proffer Statement. We have revised it several times over the past couple days with the latest revision occurring today. I'm confident that we will have a finalized version of the proffer statement ready tomorrow afternoon (Tuesday). I will have a copy of any revisions delivered to you as soon as it is has been finalized. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com -----Original Message ----- From: Mike Ruddy[mailto:mruddy@co.frederick.va.us] Sent: Monday, March 19, 2007 5:05 PM To: Patrick Sowers Subject: Carriage Park Hi Patrick: Hope you had a good Monday. Chuck Dehaven stopped by the office today. If with this application, a heads up before the Thanks. Mike. there is anything that is likely to change meeting on Wednesday would be helpful. 1 Patton Harrilpust & Associates f n t _._r, .. r {9an..... Alr PHR+1� CORPORATE Chantilly VIRGINIA OFFICES: Bridgewater Chantill" Charlottesville Fredericksburg Leesburg Newport News Vlrgima Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYIAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Williamsport PENNSYEVANIA OFFICE Allentown WEST VIRGINIA OFFICE: Martinsburg T 540,667.2139 F 540.665.0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 February 23, 2007 HAND -DELIVERED Mr. Michael Ruddy Department of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Carriage Park Rezoning Application Dear Mike: • ?3 v, We have revised the Carriage Park rezoning application in response to issues that were raised at the Planning Commission meeting on November 1, 2006 regarding the proposed transportation network. I've attached a revised GDP and Proffer Statement that provide for a single signalized entrance to the property that will be design and constructed to accommodate the future southbound Route 37 on and off ramp. The location of the Route 37 ramp west of Route Ts crossing of Abrams Creek is dictated by current minimum curve radius standards which would preclude this ramp from aligning with existing Valley Mill Road. The revised proffer also provides for a potential future connection between the internal access road and existing Valley NO Road. The internal road system has been located by proffer to accommodate expansion as warranted during future development of adjacent properties. I have also attached an addendum to the Transportation Impact Analysis which depicts the proposed impacts of the revised development plan as well as a revised comment from VDOT. Please do not hesitate to contact me should you have any questions. Sincerely, Patton Harris Rust & Associates Patrick R. Sowers CC: Clay Athey Chuck Maddox Subject: Blue loge Mobile Home Park Route 7 East NOV 2430-2432 Berryville Pike Winchester, VA 22603 Recent road changes have compounded preexisting potential life -threatening conditions for home owner residents of this manufactured housing community. Now one of only two options residents had of exiting the manufactured housing community has been taken away. The option of turning west, on Route 7, toward Winchester, has been given to the residents of the stick built community on the other side of Route 7. This leaves all the people from the park at one spot attempting to merge onto Route 7 in one direction, east. Residents now have a traffic build up of sometimes 20 minutes attempting to get onto Route 7, going east. Then people have to drive more than a mile east to make a u-turn to go back toward Winchester, sometimes even further because drivers will not allow you to get into the left lane to make a u- turn. Traffic is doing better than 70-75 miles an hour. On the other side of Route 7, attempting to make the u-turn takes another 20 minutes to be able to merge into traffic already going east toward Winchester. There is more road rage, accidents, running drivers off the road. Why it is that officials making decisions do not consider the consequences until after someone dies, why not prevent the disaster before? Why do the people who live in the big houses deserve more protection for their lives than the people who live in the manufactured homes? Have more money, pay more taxes; their lives are of more value? The people living in the manufactured housing community deserve safe right to use, also. These road changes were exclusively to accommodate the residents of a new housing development, Route 7 East, Woods Mill Road and Morgan Mill Road. These high priced stick built homes have numerous choices of entrance and exit for there residents on all sides of the housing development. The people .in the manufactured housing community have ONLY ONE, and that is exceedingly limited, really little more than a pathway, as both entrance and exit, one in the same. The discrimination shown toward the home owner residents of the manufacturing housing community not being good enough or worthy enough to be shown the same respect and courtesy as those who live in the stick built community across the road should be considered unacceptable if not illegal. People who live in manufactured housing, or mobile homes are just as good and tax paying citizens as those with the big houses, huge mortgages, and two lexus' in their driveway. There are approximately 300 homes in the above manufactured housing park, more being added, approximately 750 human beings, with more than 650 vehicles. There is only one small road in and out, entering and exiting onto Route 7, in one direction for all traffic. Lives have been put in danger because of greed and corruption. How much is human life worth in Frederick County? It is problematic at best for two small passenger vehicles to pass one another on this pathway. Virtually impossible for large emergency equipment, rescue service, EMT personnel to safely respond were there a major disaster, fire, explosion or any other catastrophe within the community. A major fire would have a domino effect on the enormous number of propane and oil tanks throughout the community, sparking one explosion after another. Inadequate fire hydrants exist, the widespread woods, manufactured, mobile homes is a disaster just waiting to let loose. There is no where for the home owner residents to go, no way out, the small roadway entrance and exit would be blocked, the residents would be trapped. While people living in the park are treated as fourth class citizens, and discriminated against, verses the preferential accommodating treatment, respect and courtesy shown to the housing developments across Route 7. Owners of big houses, mobile homes or tents are equal human beings and should be shown equal respect and regard for their lives, each valued, one does not deserve more than the other. 6 2006 COUNI"f Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 TO: Bob Mitchell FROM: Michael T. Ruddy, AICP' Deputy Director RE: Rezoning Application Proffer Statements DATE: May 21, 2007 Please find attached to this memorandum the proffer statement from the Carriage Park rezoning application, RZ#12-06. This revised proffer statement was submitted prior to the Planning Commission meeting on May 16, 2007. The Planning Commission recommended denial of this application for a variety of reasons, including concerns with the timing and content of the revised proffer statement. This request will go to the Board of Supervisors on June 13, 2007. We would appreciate your 3Td review of the Proffer Statement with particular attention being paid to Section 12, Transportation, and Section 18, Road Abandonment. I have attached the previous version of the proffer statement for your comparison. Thank you for your continued assistance. cc: John Riley, Jr., County Administrator Attachment MTR/bad 107 North bent Street, Suite 202 - Winchester, Virginia 22601-5000 1] Page 1 of 2 it Mike Ruddy From: Eric Lawrence [elawrenc@co.frederick.va.us] Sent: Wednesday, March 07, 2007 10:45 AM To: 'Mike Ruddy' Subject: FW: Carriage Park Ramp Proposal Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(o-),co.frederick.va. us ham://www.co.frederick va.us/PlanningAndDe_velooment/PlanningAndDev_htm www.co.frederick.va.us -----Original Message ----- From: Alexander, Scott [mailto:Scott.Alexander@VDOT.Virginia.gov] Sent: Wednesday, March 07, 2007 10:33 AM To: Bishop, John A. Cc: Ingram, Lloyd; Funkhouser, Rhonda; 'Eric Lawrence' Subject: Carriage Park Ramp Proposal John: To follow-up on/clarify our conversation on the proposed Carriage Park ramp location: By moving the proposed southbound (SB) ramps to the west, the geometrics of the on -ramp improve slightly. However, a design exception would likely still be required, as it still does not meet the 70% mainline design speed geometry. The proposal negatively impacts the SB off -ramp, inducing a tighter -radius reverse curve and possibly requiring a new design exception not previously required. In general terms, I would expect that it would be more difficult to mitigate the new off -ramp design exception (decelerating from 65 mph into curve) versus mitigating the onramp (entering curve from turn movement off Rt. 7). Additional right-of-way may be necessary to compensate. While the relocated ramp would eliminate a box culvert, it would increase the amount of property takings/condemnation required in the subdivision opposite of Carriage Park. The new location results in a crossover spacing (Carriage Park road, Valley Avenue) of approximately 750', much less than the minimum desirable spacing of at least 1,000 feet. 3/7/2007 Page 2 of 2 0 In light of the above, I find it difficult to describe the proposal as "beneficial". If you have any questions or would like to discuss further, don't hesitate to give me a call. Scott Scott Alexander Assistant Residency Administrator VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone: 5 40-984-5605 Fax: 540-984-5607 3/7/2007 4like Ruddy From: Patrick R. Sowers [Patrick.Sowers@phra.com] Sent: Wednesday, March 07, 2007 9:45 AM To: 'Mike Ruddy' Subject: FW: Carriage Park - Rezoning - Route 7, Frederick County - Revised VDOT Comments Mike, Lloyd Ingram provided the comment below after the e-mail I sent earlier regarding the revision date for Carriage Park. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com -----Original Message ----- From: Funkhouser, Rhonda [mailto:Rhonda.Funkhouser@VDOT.Virginia.gov] On Behalf Of Ingram, Lloyd Sent: Wednesday, March 07, 2007 9:38 AM To: Patrick Sowers Cc: Ronald A. Mislowsky; Ingram, Lloyd; cperkins@co.frederick.va.us Subject: Carriage Park - Rezoning - Route 7, Frederick County - Revised VDOT Comments The documentation within the application to rezone this property appears to have significant measurable impact on Route 7. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT has reviewed the transportation proffers offered in the Carriage Park Rezoning Application dated January 25, 2006, revised January 25, 2007 and offers the following comments: * Proffer 12.2: This proffer raises some concern with VDOT, specifically whether there is sufficient crossover spacing between the proposed crossover and the existing Valley Mill/Route 7 crossover. There is also an access management concern as Route 7 is a primary route designed to carry large volumes of traffic efficiently. This proposed crossover would add an additional potential conflict point. This would also result in three possible signalized intersections on Route 7 within 2500'. With no proposed connection to Valley Mill Road, the existing Valley Mill Road and Route 7 crossover would have to remain in place. Currently, VDOT has not determined if the proposed crossover location will be the connection of the future Route 37 south bound ramp. * Proffer 12.3: Acceptable. * Proffer 12.4: VDOT is disappointed this proffer has digressed from an open connection to the Blue Ridge Mobile Home Park to a gated emergency access, thus eliminating residents of the mobile home park the opportunity for access to a safer connection to Route 7. 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 1 Generation Manual, Seven LTC Edition for ;tight -of -way needs, including right -of - site roadway improvements and drainage. must be covered under a land use permit requires an inspection fee and surety b review. VDOT rese•s t way dedications, traffic Any work performed on This permit is issued and coverage. Thank you for allowing us the opportunity to comment. he right to comment on all signalization, and off - the State's right-of-way by this office and Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency - Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 Patton Harr*ust & Associates Engineers Surveyors_ Planners. Landscape Aichite<_b, • �� n CORPORATE: Chantilly VIRGINIA OFFICES: ... . rater _i-;: -::esville Fredencksbura ---sbw j p ,rI Ne,,s Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES Baltimore Columbia Frederick Germantown Hollywood PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg T 540,667.2139 F 540,665.0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 December 18, 2006 HAND -DELIVERED Mr. Michael Ruddy Director of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Carriage Park Rezoning Application Dear Mike: DEC 1 8 2006 At their November 1, 2006 meeting, the Planning Commission tabled the Carriage Park rezoning application for a period of 60 days. There is potential for a revised transportation plan for Valley Mill Road that is applicable to this rezoning application. As we are still in the process of providing the County and VDOT with additional information regarding this revised transportation plan for the Valley Mill/Spine Road/Route 7 area, I would request on behalf of my client a postponement of the Carriage Park rezoning application for an indefinite period of time. The undefined time frame is necessary as utilizing the appropriate County mechanisms to implement changes to the transportation system has no definitive time table at the moment. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Patton Harris Rust & Associates 0 �-' �' /�� f � � Patrick R. Sowers CC: Clay Athey Chuck Maddox P.\Project\Planning\Rezoning AppAca ions\Frederick County\Carnage Park\Postpone Letter 121806.doe Oil 4.4 R. q � 't✓ " `�" �b�i ,+ ' {'-.. 1 rU. LMr f �n b �r r � •`. .. _ - � � r ,ce'a z ^ s xc '♦:q . rf • TyM I PUBLIC HEARING ,.w•,v «- b rN -jit"4C k f # t allow, x LY♦+ «arc n � � ., � "/ .'t•'rar � .i%,� r S �� 1 � - � � -" L OV °b r vq,qv t dF ty7�}� +, + -r• "4{�+/, y. a •' '' _+" _ •-_ r�+ �. �t'k � ° J 't aF a 'rt r'... �• y .. i � , - a t F "VIVA •I ry('l trT 4 "]p°'b, A%{, "L•f , r1 I ♦ r , 7 0 26.2006 4+NtA TOM / 0 0 It 0 Subject: Blue Ridge Mobile Home Park Route 7 East a 2430-2432 Berryville Pike �0!� 6 Winchester, VA 22603 Recent road changes have compounded preexisting potential life -threatening conditions for home owner residents of this manufactured housing community. Now one of only two options residents had of exiting the manufactured housing community has been taken away. The option of turning west, on Route 7, toward Winchester, has been given to the residents of the stick built community on the other side of Route 7. This leaves all the people from the park at one spot attempting to merge onto Route 7 in one direction, east. Residents now have a traffic build up of sometimes 20 minutes attempting to get onto Route 7, going east. Then people have to drive more than a mile east to make a u-turn to go back toward Winchester, sometimes even further because drivers will not allow you to get into the left lane to make a u- turn. Traffic is doing better than 70-75 miles an hour. On the other side of Route 7, attempting to make the u-turn takes another 20 minutes to be able to merge into traffic already going east toward Winchester. There is more road rage, accidents, running drivers off the road. Why it is that officials making decisions do not consider the consequences until after someone dies, why not prevent the disaster before? Why do the people who live in the big houses deserve more protection for their lives than the people who live in the manufactured homes? Have more money, pay more taxes; their lives are of more value? The people living in the manufactured housing community deserve safe right to use, also. These road changes were exclusively to accommodate the residents of a new housing development, Route 7 East, Woods Mill Road and Morgan Mill Road. These high priced stick built homes have numerous choices of entrance and exit for there residents on all sides of the housing development. The people in the manufactured housing community have ONLY ONE, and that is exceedingly limited, really little more than a Pathway, as both entrance and exit, one in the same. The discrimination shown toward the home owner residents of the manufacturing housing community not being good enough or worthy enough to be shown the same respect and courtesy as those who live in the stick built community across the road should be considered unacceptable if not illegal. People who live in manufactured housing, or mobile homes are just as good and tax paying citizens as those with the big houses, huge mortgages, and two lexus' in their driveway. There are approximately 300 homes in the above manufactured housing park, more being added, approximately 750 human beings, with more than 650 vehicles. There is only one small road in and out, entering and exiting onto Route 7, in one direction for all traffic. Lives have been put in danger because of greed and corruption. How much is human life worth in Frederick County? It is problematic at best for two small passenger vehicles to pass one another on this pathway. Virtually impossible for large emergency equipment, rescue service, EMT personnel to safely respond were there a major disaster, fire, explosion or any other catastrophe within the community. A major fire would have a domino effect on the enormous number of propane and oil tanks throughout the community, sparking one explosion after another. Inadequate fire hydrants exist, the widespread woods, manufactured, mobile homes is a disaster just waiting to let loose. There is no where for the home owner residents to go, no way out, the small roadway entrance and exit would be blocked, the residents would be trapped. While people living in the park are treated as fourth class citizens, and discriminated against, verses the preferential accommodating treatment, respect and courtesy shown to the housing developments across Route 7. Owners of big houses, mobile homes or tents are equal human beings and should be shown equal respect and regard for their lives, each valued, one does not deserve more than the other. County of Frederick Planning & Development is 107 N Kent St Winchester, VA 22601 Patton Harris Rust 8.1ossociates Engineers. Surveyors. Planners. Landscape Architects. R+A 117 East Piccadilly Street Winchester, Virginia 22601 PH T 540.667.2139 F 540.665.0493 To: Mike Ruddy Organization/Company: Frederick County Planning From: Patrick Sowers Date: October 6, 2006 Project Name/Subject: Carriage Park Rezoning Application Mike, I've attached a revised rezoning application package for Carriage Park which includes the original agency comments as well as the following: 1) Revised Impact Statement 2) Revised VDOT Comment 3) Revised Proffer Statement 4) Revised Generalized Development Plan. As today is the cut-off date for the November V Planning Commission meeting, we are assuming that the public hearing will be held on that date. Feel free to call with any questions or comments. Thanks, Patrick 0CT 6 2no6 Patton Harris Rust & Associates I : r •n;l,. ,;,rac,y.>I�.'lu, •Irl:.. :ur75_al�� rCh iEG ;. September 7, 2006 Mr. Michael Ruddy Deputy Director of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Carriage Park Rezoning Application Dear Mike: l�q� After recent discussions with elected and appointed County officials, T would like to request postponement of the Carriage Park rezoning application on behalf of my client. We look forward to working closely with you and other members of the planning staff as we take this time to modifythe current plan. ! Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Patton Harris Rust & Associates Patrick R. Sowers i,.ocn,c:ors nl ,i -, 1-rc4.so.r {'Eldh>i:rp ^ilA OFF'CE: vJE_.7 ,F ;— oFF,ce. Potion Harris usi & Associates Er-gT:rors. Plolme(a. :a SIL'SCopO R`•`GI?iluGS, September 7, 2006 Mr. Michael Ruddy and Development Deputy Director of Planning p Frederick County, Virginia 107 North Kent Street \Wmchester, Virginia 22601 Carriage Park Rezoning Application �I�_n After recent discussions with elected and appointed z�a CO pp application o�n be I would of to P 1`l l request postponement of the Carriage ark client. We look forward to working closely with you and other members of the planning staff as we take this time to modify the current plan. eorPor.a,e. u have an uestions or concerns. ,-I;oriil+',.' Please do not hesitate to contact me should yo Y q Patton Harris Rust & Associates Patrick K Sowers 4J.66r.'Lis9 F 4G 665 r-93 I i % Ens! Rccod'lly SI—I Su°le 2 0 G Vdin;_hr..;lei VA 2,2601 0 Patton Harris Rust & Ass ciates Engineers. Surveyors. Planners. Landscape Architects. P R+A 117 East Piccadilly Street HWinchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Mike Ruddy Organization/Company: Frederick County Planning From: Patrick Sowers Date: August 25, 2006 Project Name/Subject: Carriage Park Rezoning Application Mike, Please find attached one copy of the Carriage Park Rezoning Application. Per our conversation earlier today, I would like to speak with you on Monday, after I am able to contact my client with regards to a meeting I had today with Phil Lemieux and Chuck DeHaven, prior to formal acceptance of the application. Please feel free to contact me should you have any questions. Thanks, Patrick AUG 2 5 2006 OAI/iv r Rr Q HEa F#r'�Oidtiot% Chili ot6rlc�RC�r'�nrrnrrirt�yr�q S w 13'1 OU 13'23 , F ;4j 0 Page 1 of 1 Bev Dellinger From: Eric Lawrence [elawrenc@co.frederick.va.us] Sent: Thursday, July 19, 2007 2:07 PM To: 'Bev Dellinger' Subject: FW: Carriage Park sign has been reposted Patrick Sowers went and posted the sign. Thanks for checking this morning Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc@co.frederick.va.us http://www.co.frederick.va.us/PlanningAnd_Deve]opmgRVPlanningAndD_ ev.htm www.co.frederick.va.us -----Original Message ----- From: Patrick R. Sowers [maiIto:Patrick.Sowers@phra.com] Sent: Thursday, July 19, 2007 10:49 AM To: 'Eric Lawrence' Subject: Carriage Park sign has been reposted Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 Www.phra.com 7/19/2007 !opt" Woos---- ... -..—'-••+car---'as--'.�.'s -. -�_. __- _ i a.. -. 'A • CI COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING August 8, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION # 12-06 FOR CARRIAGE PARK On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, August 22, 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 412-06 of Carriage Park, submitted by Patton Harris Rust & Associates, to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 240 single family attached homes (townhouses). The properties are located south and adj acent to Route 7, east and adjacent to Blue Ridge Mobile Home Park in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D. 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, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Dent Street, Suite 202 e Winchester, Virginia 22601-5000 This is to certify that th ttached correspondence was mailed to the following on o from the Department of Planning and Development, Frederick County, Virginia: 1 55 -A- -169- 55 - A- - 161- ACE, MYRON L & LORIE M CARRIAGE PLACE, LLC 22A RICKETTS DR 197 NE 3RD ST WINCHESTER, VA. 22601 BEND, OR 97701.5129 55 - A- - 170- Patton Harris Rust Associates, PC BRAGG, DAVID PO BOX 174 117 E. Piccadilly Street, Suite 200 CLEARBROOK, VA 22624-0174 Winchester, VA 22601 55 - A- - 162- 55 A 171 BAYLIS INVESTMENTS, LLC THREE-WAY PARTNERSHIP 2332 MIDDLE RD 504 EAGLE PL WINCHESTER, VA 22601-2718 WINCHESTER, VA. 22601.5105 55 - A- - 164- 55 - A- - 172- CARTER, GLADDIE R WHITMORE, WILLIAM C JR ETALS 1560 VALLEY MILL RD PO BOX 550 WINCHESTER, VA 22602-6919 PURCELLVILLE, VA 20134-0550 55 - A- - 174-C Tim Stafford BLUE RIDGE ASSOCIATES Valley Mill Farm, LC 8739 C Street 2432 BERRYVILLE PIKE WINCHESTER, VA 22603.4809 Chesapeake Beach, MD 20737 55 - A- - 168-A WILLIAMS, BRIAN SCOTT 2718 BERRYVILLE PIKE WINCHESTER, VA. 22603.4812 Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK l� a Notary Public in and for the State and County aforesaid, do reby certify that M hael T. Ruddy, Deputy Planning Director for the Department of Planning j anfi Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State d C unty aforesaid. Given under my hand this 9y2. day of My commission expires on d6c-7 " / . NOTARY PUBLIC 55 - A- - 146- ALEXANDER, WILLIAM D III • ALEXANDER, KAREN A 183 STEEPWOOD LN WINCHESTER, VA. 22603-5806 55 - A- - 147- BALLING, WILLI A & MARIA H 111 BURNT FACTORY RD STEPHENSON, VA 22656-2205 55 - A- - 159- BAGGERLY, THOMAS R SR 8904 TELFORD CT BRISTOW, VA 20136 26[)4 55 - A- - 160- BECK, WILLIAM W & RUBY LEE 2851 BERRYVILLE PIKE WINCHESTER, VA 22603-4827 55 - A- - 174- BRADFIELD, GEORGE E ETALS 8225 CAMBOURNE CT GAITHERSBURG, MD 20877-1115 55 -4- - 1-B SOWERS, JOSEPH 0 & AMY H 111 EDDYS LN WINCHESTER, VA 22602-7916 Planning Director - Clarke County 102 N. Church Street Berryville. VA 22611 Jam and Smudge Free Printing Use Averv® TEMPLATE 51610 Tirr., StKJord Valley Mill Farm, LC 8739 C .Street Chesapeake Beach, MP 20737 Ti m .Stafford Valley Mill Farm, LC 8739 C Street Chesapeake Beach, MD 20737 Tim Stafford Valley Mill Farm,.LC 8739 C Street Chesapeake Beach, MD 20737 Tim Stafford Valley Mill Farm, LC 8739 C Street Chesapeake Beach, MD 20737 Tim Stafford Valley Mill Farm, LC 8739 C Street Chesapeake Beach, MD 20737 Tim Stafford Valley Mill Farm, LC 8739 C Street Chesapeake Beach, MD 20737 www.avery.co 1-800-GO-AVE CA AVERY® 5161® Tim Stafford Valley Mill Farm, LC 8739 C Street Chesapeake Beach, MD 20737 Tim Stafford Valley Mill Far 8739 C Street i Chesapeake Beach, MD 20737971 `TTTIJ siouzaeof Tim Stafford Valley Mill Farm, LC 8739 C Street Chesapeake Beach, MD 20737 Tim Stafford Valley Mill Farm, LC 8739 C Street Chesapeake Beach, MD 20737 @Ms (EAM3AV 1`�J AH3Ad-09-008-L WOE'/ JOAL''MMM @Lg6S liaege6 al zesm n apidea a6eu:)as a 1a a6winociaue uoissaidwi COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 3, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION # 12-06 FOR CARRIAGE PARK On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, August 15, 2007, 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 912-06 of Carriage Park, submitted by Patton Harris Rust & Associates, to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MHl (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 240 single family attached homes (townhouses). The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D. 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, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that Jth attached correspondence was mailed to the following on 70-7 from the Department of Plaiuung and Development, Frederick County, Virginia: 55 - A- - 169- 55 - A- - 161 ACE, MYRON I. & LORIE M CARRIAGE PLACE, LLC 22A RICKETTS DR 197 NE 3RD ST WINCHESTER, VA. 22601 BEND, OR 97701.5129 55 . A• - 170- Patton Harris Rust Associates, PC BRAGG, DAVID Attn: Charles Maddox PO BOX 174 CLEARBROOK, VA 22624.0174 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 55 -A- -171- THREE-WAY PARTNERSHIP 55 - A- - 162- BAYLIS INVESTMENTS, LLC 504 EAGLE PL WINCHESTER, VA. 22601.5105 2332 MIDDLE RD WINCHESTER, VA 22601.2718 55 - A• - 172- WHITMORE, WILLIAM C JR ETALS 55 - A- - 164- PO BOX 550 CARTER, GLADDIE R PURCELLVILLE, VA 20134.0550 1560 VALLEY MILL RD 55 - A- - 174-C WINCHESTER, VA 22602.6919 BLUE RIDGE ASSOCIATES Tim Stafford 2432 BERRYVILLE PIKE Valley Mill Farm, LC WINCHESTER, VA 22603.4809 8739 C Street Chesapeake Beach, MD 20737 55 - A- - 168-A WILLIAMS, BRIAN SCOTT 2718 BERRYVILLE PIKE Michael T. Ruddy, Deputy Planning hector WINCHESTER, VA. 22603.4812 Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK 1, l A 46,�, , a Notary Public in and for the State and County aforesaid, doh eby certify that Mi ael T. Ruddy, Deputy Plamiing Director for the Department of Planni g and Development, whose name is signed to the foregoing, dated p 2 , has personally appeared before me and acknowledged the same in my Stat and County aforesaid. Given under my hand this day of Q My commission expires on NOTARY P ' LIC Y� 0U 1� 55 - A- - 146- ALEXANDER, WILLIAM D III ALEXANDER, KAREN A 183 STEEPWOOD LN WINCHESTER, VA. 22603.5806 55 - A- - 147- BALLING, WILLI A & MARIA H 111 BURNT FACTORY RD STEPHENSON,VA 22656.2205 55 - A- - 159- BAGGERLY, THOMAS R SR 8904 TELFORD CT BRISTOW, VA 20136.2064 55 - A- - 160- BECK, WILLIAM W & RUBY LEE 2851 BERRYVILLE PIKE WINCHESTER, VA 22603.4827 55 - A- - 174- BRADFIELD, GEORGE E ETALS 8225 CAMBOURNE CT GAITHERSBURG, MD 20877.1115 55 -4. - 1-B SOWERS, JOSEPH D & AMY H 111 EDDYS LN WINCHESTER, VA 22602.7916 Planning Director - Clarke County 102 N. Church Street Berryville, VA 22611 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING July 11, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION # 12-06 FOR CARRIAGE PARK On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, July 25, 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 #12-06 of Carriage Park, submitted by Patton Harris Rust & Associates, to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MHI (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 249 single family attached homes (townhouses). The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D. 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, Michael T. Ruddy, AICP Deputy Planning Director MRT/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify th t the attached correspondence was mailed to the following on 7 �((71 i from the Department of Planning and Development, Frederick County, Virginia: 55 - A- - 169- 55 - A- - 161- ACE, MYRON L & LORIE M CARRIAGE PLACE, LLC 22A RICKETTS DR 197 NE 3RD ST WINCHESTER, VA. 22601 BEND, OR 97701.5129 55 - A- - 170- Patton Harris Rust Associates, PC BRAGG, DAVID Attn: Charles Maddox PO BOX 174CLEARBROOK, VA 22624.0174 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 55 - A• . 171- THREE-WAY PARTNERSHIP 55 - A- - 162- BAYLIS INVESTMENTS, LLC 504 EAGLE PL WINCHESTER, VA. 22601-5105 2332 MIDDLE RD WINCHESTER, VA 22601-2718 A 172 W WHITMORE, WILLIAM C JR ETAI.S 55 - A- - 164- PO BOX 550 CARTER, GLADDIE R PURCELLVILLE, VA 20134.0550 1560 VALLEY MILL RD 55 - A- - 174-C WINCHESTER, VA 22602.6919 BLUE RIDGE ASSOCIATES Tim Stafford 2432 BERRYVILLE PIKE Valley Mill Farm, LC WINCHESTER,VA 22603.4809 8739 C Street Chesapeake Beach, MD 20737 i 55 - A- - 168-A WILL AMS, RIAN SCO Michael T. Ruddy, Deputy Planning Diree{or 2718 BERR MILE PIKE 2718 BERRYVILLE PIKE WINCHESTER, VA. 22603.4812 Frederick County Planning Department 171I11 L` Vl' ♦11�V 11�u� COUNTY OF FREDERICK 1, �& _ oUg&! ,�, a Notary Public in and for the State and County aforesaid, certify that Michbb-1 T. Ruddy, Deputy Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated `7 /I t f6 -7 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of--i©0 7 My commission expires on / NOTARY. l: c 61'-� �/ 55 - A- - 146- ALEXANDER, WILLIAM D III ALEXANDER,KAREN A 183 STEEPWOOD LN WINCHESTER, VA. 22603-5806 55 - A- - 147- BALLING, WILLI A & MARIA H 111 BURNT FACTORY RD STEPHENSON,VA 22656.2205 55 - A- - 159- BAGGERLY, THOMAS R SR 8904 TELFORD CT BRISTOW, VA 20136.2064 55 - A- - 160- BECK, WILLIAM W & RUBY LEE 2051 BERRYVILLE PIKE WINCHESTER, VA 22603.4827 55 - A- - 174- BRADFIELD, GEORGE E ETALS 8225 CAMBOURNE CT GAITHERSBURG, MD 20877.1115 55 -4- - 1-B SOWERS, JOSEPH D & AMY H 111 EDDYS LN WINCHESTER, VA 22602.7916 Planning Director - Clarke County 102 N. Church Street Berryville, VA 22611 XF-2, _-4� /a -66 - �77t+1� TO:BARBARA-DATA PROCESSING FROM:BEV - Planning , 9 Dept. Please pri t set�-_by k'719 / / /)(/,a Carriage Park Rezoning Application J Adjoining Property Owners Tax ID # Name Address Zoning Use 55-A-162 Baylis Investments LLC 2332,Middle Road, Winchester, VA 22601 RA Residential 55-A-163 Baylis Investments LLC 2332 Middle Road Winchester, VA 22601 RA Residential 55-A-164 Robert E. & Gladdie R. Carter 1560 Valley Mill Road, Winchester, VA 22602 RA Residential 55-A-165 Valley Mill Farm, LC 8705 C Street,Chesapeake Beach VA 20732 RA Agricultural 55-A-165D Valley Mill Farm, LC 8705 C Street, Chesapeake Beach, VA 20732 RA Agricultural 55-A-168A '_- Brian Scott Williams 2718 Berryville Pike, Winchester VA 22603 RA Residential 55-A-169 Myron L. & Lorie M. Ace 11240 Cleveland Avenue, Ft. Myers, FL. 33907 RA Retail & Services 55-A-170 •. David Bragg P.O. Box 174, Clearbrook, VA 22624 RA Residential 55-A-171 Three Way Partnership 504 Eagle Place Winchester VA 22601 RA Residential 55-A-172 William C. Whitmore, Jr. Etals P.O. Box 550, Purcellville, VA 20134 RA Residential 55-A-174C Blue Ridge Associates 2432 Berryville Pike Winchester VA 22603 RA Residential 55-A-146 William D. Alexander 2663 Berryville Pike Winchester, VA 22603 RA Residential 55-A-147 William A: & Maria H. Balling 111 Burnt Factory Road Stephenson, VA 22656 RA Residential 55-A-159 Thomas R. Baggerly,Sr. 8904 Telford Court, Bristow, VA 20136 RA Residential 55-A-160 William W. & Ruby Lee Beck 2851 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-174 Ph llis B. Holtkamp Etals C/O John Bradfield 8225 Cambourne Court, Gaithersburg, MD 20877 RA Agricultural 55-4-1B Joseph D. & Amy H. Sowers 111 Edd s Lane, Winchester, VA 22602 RA Residential -.w G. 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 30, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #12-06 FOR CARRIAGE PARK On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, June 13, 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 #12-06 of Carriage Park, submitted by Patton Harris Rust & Associates, to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 249 single family attached homes (townhouses). The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D. 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, _- Michael T. Ruddy, AICP f Deputy Planning Director MRT/bad 107 North bent Street, Suite 202 o Winchester, Virginia 22601-5000 .__.C- 0 0 This is to certify tat the attached correspondence was mailed to the following on o from the Department of Planning and Development, Frederick County, Virginia: BKAbb, UAVIIJ 22A RICKETTS DR WINCHESTER, VA. 22601 Patton Harris Rust Associates, PC Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 BAY LIS INV tS I witiv I a, LLU 2332 MIDDLE RD WINCHESTER, VA 22601-2718 CARTER, ROBERT E & GLAUUIt is 1560 VALLEY MILL RD WINCHESTER,VA 22602.6919 WILLIAMS, BRIAN SCOTT 2718 BERRYVILLE PIKE WINCHESTER, VA. 22603-4812 Tim Stafford Valley Mill Farm, LC 8739 C Street Chesapeake Beach, MD 20737 muF, IVI I nuly L U Luu— — 197 NE 3RD ST BEND, OR 97701-5129 STATE OF VIRGINIA COUNTY OF FREDERICK PO BOX 174 CLEARBROOK, VA 22624-0174 THREE-WAY PARTNERSHIP 504 EAGLE PL WINCHESTER, VA. 22601-5105 WHITMORE, WILLIAM C JR ETALS PO BOX 550 PURCELLVILLE, VA 20134.0550 BLUE RIDGE ASSOCIATES 2432 BERRYVILLE PIKE WINCHESTER, VA 22603.4809 2663 BERRYVILLE PIKE WINCHESTER, VA. 22603-4825 bALLIIVU, VVILLI H Lx 111 BURNT FACTORY RD STEPHENSON, VA 22656-2205 Michael T. Ruddy, Deputy Planning Direct Frederick County Planning Department a Notary Public in and for the State and County aforesaid, dcAereby certify that Mi ael T. Ruddy, Deputy Planning Director for the Department of Planni g d Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and ounty aforesaid. Given under my hand this ©� day of c Z60 My commission expires on J, 3 t 01-0 no �' :_ _ i BAGGtHLY, I IWIVIAb n 11 8904 TELFORD CT 2U#064 BRISTOW, VA BECK, WILLIAM W & RUBY Ltt 2851 BERRYVILLE PIKE WINCHESTER, VA 22603-4827 BRADFIELD, GEORGE E ETALS 8225 CAMBOURNE CT GAITHERSBURG, MD 20877.1115 55 -4- - 1-B SOWERS, JOSEPH 'D & AMY 11 111 EDDYS LN WINCHESTER, VA 22602-7916 Mr. Charles Johnston, Planning Director Clarke County 102 N. Church St. Berryville, VA 22611 V is 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 3, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #12-06 FOR CARRIAGE PARK On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, May 16, 2007, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #12-06 of Carriage Park, submitted by Patton Harris Rust & Associates, to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling`45.44 acres, with proffers, for up to 249 single family attached homes (townhouses). The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park in the Red Bud Magisterial District, and are identified by Property Identification Ntunbers 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D. This application was tabled from the April 18, 2007 meeting. 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, Michael T. Ruddy, AICP Deputy Planning Director MRT/bad 107 forth Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on S`y '7 from the Department of Planning and Development, Frederick County, Virginia: I I ACE, MYRON L & LORIE M CARRIAGE PLACE, LLC 22A RICKETTS DR WINCHESTER, VA. 22601 Patton Harris Rust Associates, PC Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 BAYLIS INVESTMENTS, LLC 2332 MIDDLE RD WINCHESTER, VA 22601-2718 CARTER, ROBERT E & GLADDIE R 1560 VALLEY MILL RD WINCHESTER, VA 22602.6919 0J - - - WILLIAMS, BRIAN SCOTT 2718 BERRYVILLE PIKE WINCHESTER, VA. 22603.4812 Tim Stafford Valley Mill Farm, LC 8739 C Street Chesapeake Beach, MD 20737 STATE OF VIRGINIA COUNTY OF FREDERICK 197 NE 3RD ST BEND, OR BRAGG, DAVID PO BOX 174 CLEARBROOK,VA 97701-5129 THREE-WAY PARTNERSHIP 5D4 EAGLE PL 22624-0174 WINCHESTER, VA. 22601.5105 WHITMORE, WILLIAM C JR ETALS PO BOX 550 PURCELLVILLE, VA 20134.0550 J:1 - Al - 1 ! rtl BLUE RIDGE ASSOCIATES 2432 BERRYVILLE PIKE WINCHESTER, VA 22603.4BO9 .L9L5 31t I-AUU31.-fa9Ab aSi Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department 1, �un� �� L1� , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Plaiin and Development, whose name is signed to the foregoing, dated 5 / �-7 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 3 day of My commission expires on j � l 1 C) `( Aalw")' cj NOTARY PUBLIC ALEXANDER, WILLIAM D III ETALS 2663 BERRYVILLE PIKE WINCHESTER, VA. 2 -4825 BALLING, WILLI A & MARIA H 111 BURNT FACTORY RD STEPHENSON, VA 22656-2205 BAGGERLY, THOMAS R SR 8904 TELFORD CT BRISTOW, VA 20136-2064 BECK, WILLIAM W & RUBY LEE 2851 BERRYVILLE PIKE WINCHESTER, VA 22603-4827 00 -n- BRADFIELD, GEORGE E ETALS 8225 CAMBOURNE CT GAITHERSBURG, MD 20877.1115 55 - 4- - 1-B SOWERS, JOSEPH D & AMY H 111 EDDYS LN WINCHESTER, VA 22602-7916 Mr. Charles Johnston, Planning Director 102 N. Church St. Berryville, VA 22611 • • COUNTY of I+REDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 9, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #12-06 FOR CARRIAGE PARK On behalf of the Frederick County Plamzing Commission, you are hereby notified of a public hearing being held on Wednesday, March 21, 2007, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #12-06 of Carriage Park, submitted by Patton Harris Rust & Associates, to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 249 single family attached homes (townhouses). The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D. 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, Cf -� Michael T. Ruddy, AICP Deputy Planning Director MRT/bad 1.07 North bent Street, Suite 202 - Winchester, Virginia 22601-5000 4_.•- , • r This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: CARRIAGE PLACE, LLC ACE, MYRON L & LORIE M 22A RICKETTS DR �I(� 197 NE 3RD ST WINCHESTER, VA. 22601 nU) BEND, OR 97701.5129 Patton Harris Rust & Associates Attn: Patrick Sowers 117 F. Piccadilly St., Ste. 200 Winchester, VA 22601 BAYLIS INVESTMENTS, LLC 2332 MIDDLE RD WINCHESTER,VA 22601.2718 CARTER, ROBERT E & GLADDIE R 1560 VALLEY MILL RD WINCHESTER, VA 22602.6919 VALLEY MILL FARM, LC 8705 C ST CHESAPEAKE BEACH, MD 20732.9235 oa • n• 1 uu•n WILLIAMS, BRIAN SCOTT 2718 BERRYVILLE PIKE WINCHESTER, VA. 22603-4812 ,A9LS 3 IHnA 91 mfdOAV asn STATE OF VIRGINIA COUNTY OF FREDERICK BRAGG, DAVID PO BOX 174 CLEARBROOK, VA 22624-0174 THREE-WAY PARTNERSHIP 504 EAGLE PL WINCHESTER, VA. 22601.5105 WHITMORE, WILLIAM C JR ETALS PO BOX 550 PURCELLVILLE, VA 20134.0550 09 - H- . 1 /'+1U BLUE RIDGE ASSOCIATES 2432 BERRYVILLE PIKE WINCHESTER, VA 22603-4809 "LCILS a lbgAWa I � faeAH asn Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department I, `Y &&'ji, & J_'�-, a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated � q o '7 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of -/Ya,c c /,- 0 D My cornmission expires on CMG NOTARY PUBLIC � r ALEXANDER, WILLIAM D III ETA 2663 BERRYVILLE PIKE - WINCHESTER, VA. 22603-4825 BALLING, WILLI A & MARIA H 111 BURNT FACTORY RD STEPHENSON, VA 22656-2205 BAGGERLY, THOMAS R SR 8904 TELFORD CT BRISTOW, VA 20136-2064 BECK, WILLIAM W & RUBY LEE 2851 BERRYVILLE PIKE WINCHESTER, VA 22603.4827 BRADFIELD, GEORGE E ETALS 8225 CAMBOURNE CT GAITHERSBURG, MD 20877.1115 SOWERS, JOSEPH D & AMY H 111 EDDYS LN WINCHESTER,VA 22602.7916 Mr. Charles Johnston, Planning Director 102 N. Church St. Berryville, VA 22611 L If • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 ,-TAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING December.22, 2006 TO: TIIE APPLIC/ RE: REZONING A S) AND/OR ADJOINING PR TION #12-06 FOR .TY OWNER(S) GE PARK On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, January 3, 2007,1,at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kept Street, Winchester, Virginia to consider the following application:' Rezoning 912-06 of Carriage Park, Submitted by PattoriHarris Rust & Associates, to rezone 30.26 acres from RA (Rural Areas) Distric'rto RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community)`District to RP District, totaling 45.44 acres, with proffers, for 165 single family attached and detached homes. The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park in the Red Bud,,Magisterial District, and are identified by Property IdentificationNumbers 55-A-161, 55-A-165A, 55-Ai66, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55,A-174B, and 55-A-174D. 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.rreaerrcK.va.us. Sincerely, <` << Michael T Ruddy, AICP Deputy,lanninv Director MRT/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 20, 2006 TO: TIIE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION # 12-06 FOR CARRIAGE PARK On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, November 1, 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 #12-06 of Carriage Park, submitted by Patton Harris Rust & Associates, to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH 1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for 165 single family attached and detached homes. The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D. 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, Michael T. Ruddy, AICP Deputy Planning Director MRT/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 This is to certify that' thV attached correspondence was mailed to the following on 40 from the Department of Planning and Development, Frederick County, Virginia: Bu - A- - I0y- bb -A- - I bl- ACE, MYRON L & LORIE M CARRIAGE PLACE, LLC 22A RICKETTS OR 197 NE 3RD ST WINCHESTER, VA. 22601 BEND, OR 97701.5129 uu -A- - I/U- BRAGG, DAVID Patton Harris Rust Associates, PC PO BOX 174 Attn: Charles Maddox CLEARBROOK, VA 22624-0174 117 E. Piccadilly Street, Suite 200 bb -A- -III- Winchester. VA 22601 THREE-WAY PARTNERSHIP 99 - A- - I0L- BAYLIS INVESTMENTS, LLC 504 EAGLE PL WINCHESTER, VA. 22601.5105 2332 MIDDLE RD WINCHESTER, VA 22601-2718 bb - A- - I b+ CARTER, ROBERT E & GLADDIE R 1560 VALLEY MILL RD WINCHESTER, VA 22602.6919 bb - A- - I bb- VALLEY MILL FARM, LC 8705 C ST CHESAPEAKE BEACH, MD 20732.9235 55 - A- - 168-A WILLIAMS, BRIAN SCOTT 2718 BERRYVILLE PIKE WINCHESTER, VA. 22603.4812 STATE OF VIRGINIA COUNTY OF FREDERICK bb - A- - I / L- WHITMORE, WILLIAM C JR ETALS PO BOX 550 PURCELLVILLE, VA 20134.0550 55 - A- - 174-C BLUE RIDGE ASSOCIATES 2432 BERRYVILLE PIKE WINCHESTER, VA 22603.4809 Michael T. Ruddy, Deputy Planning Direc r Frederick County Planning Department I, a Notary Public in and for the State and County aforesaid, doh by certi that MichaejT. Ruddy, Deputy Planning Director for the Department of Plannin an Development, whose name is signed to the foregoing, dated Q o ? , has personally appeared before me and acknowledged the same in my State 9nd Co ntv aforesaid. Given under my hand this My commission expires on day of t '�_G aA • , yNOTARY IBLIC �� o vE �_ DD A- - 140- ALEXANDER, WILLIAM D III ET• • 2663 BERRYVILLE PIKE WINCHESTER, VA. 22603-4829 DD - A- - 14/- BALLING, WILLI A & MARIA H 111 BURNT FACTORY RD STEPHENSON,VA 22656-2205 bb - A- - 15y- BAGGERLY, THOMAS R SR 8904 TELFORD CT BRISTOW, VA 20136-2064 bb - A- - 1 bU- BECK, WILLIAM W & RUBY LEE 2851 BERRYVILLE PIKE WINCHESTER, VA 22603.4827 55 - A- - 174- BRADFIELD, GEORGE E ETALS 8225 CAMBOURNE CT GAITHERSBURG, MD 20877.1115 DD - I+- - I-6 SOWERS, JOSEPH D & AMY H 111 EDDYS LN WINCHESTER, VA 22602.7916 Mr. Charles Johnston, Planning Director 102 N. Church St. Berryville, VA 22611 0 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 #12-06 FOR CARRIAGE PLACE On behalf of the Frederick County Planning Commission, you are hereby notif"r ' 'a public hearing being held on Wednesday, September 20, 2006, at 7:00 p.m. in the ' )f the Frederick County Administration Building at 107 North Kent Street consider the following application: Rezoning 1412-06 of Carriage Pl-r oil _"sociates, to rezone 30.52 acres from RA (Rural A__0 District, and 14.92 acres from MH1 (Mobile Ho, ating 45.44 acres, with proffers, for 165 single family attacl. "'ties are'located south and adjacent to Route 7, east and adjacent tc _.1c Park in the Red Bud Magisterial District, and are identified by Property _.,oers 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A -rB, and 55-A-174D. 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, L/ Michael T. Ruddy, AICP Deputy Planning Director MRT/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 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 #12-06 FOR CARRIAGE PLACE 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 912-06 of Carriage Place, submitted by Patton Harris Rust & Associates, to rezone 30.52 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 14.92 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for 165 single family attached and detached homes. The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D. 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, Michael T. Ruddy, AICP Deputy Planning Director MRT/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 z • { This is to certify �l at the attached correspondence was mailed to the following on L �f from the Department of Planning and Development, Frederick County, Virginia: 55 - A• - 169- 55 - A• - 161- ACE, MYRON L & LORIE M CARRIAGE PLACE, LLC 22A RICKETTS DR v� 197 NE 3RD ST WINCHESTER, VA. 22601 BEND, OR 97701.5129 Patton Harris Rust55 Associates, PC - A• • 170- 55 A- DAVID Attn: Charles Maddox PO BOX 174 117 E. Piccadilly Street, Suite 200 CLEARBROOK,VA 22624.0174 Winchester, VA 22601 55 - A- - 171- 55 - A- - 162- THREE-WAY PARTNERSHIP BAYLIS INVESTMENTS, LLC 2332 MIDDLE RD WINCHESTER, VA 22601.2718 55 - A- - 164- CARTER, ROBERT E & GLADDIE R 1560 VALLEY MILL RD WINCHESTER, VA 22602.6919 55 - A- - 165- VALLEY MILL FARM, LC 8705 C ST CHESAPEAKE BEACH, MD 20732-9235 55 - A- - 168-A WILLIAMS, BRIAN SCOTT 2718 BERRYVILLE PIKE WINCHESTER, VA. 22603-4812 STATE OF VIRGINIA COUNTY OF FREDERICK 504 EAGLE PL WINCHESTER, VA. 22601.5105 55 - A- - 172- WHITMORE, WILLIAM C JR ETALS PO BOX 550 PURCELLVILLE, VA 20134.0550 Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department I, L�r'-��,(�� /�f'�CGC��C� , a Notary Public in and for the State and County aforesaid, do 1 reby certify that M�eiael T. Ruddy, Deputy Planning Director for the Department of Plarnzi g and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my StaWand County aforesaid. Given under my hand this day of My commission expires on QG. �JO NOTARY' UBLIC 55 - A- - 174-C � � - BLUE RIDGE ASSOCIATES t v 2432 BERRYVILLE PIKE WINCHESTER, VA 22603.4809 55 - A- - 146- ALEXANDER, WILLIAM D III ETALS 2663 BERRYVILLE PIKE WINCHESTER, VA. 22603.4825 55 - A- - 147- BALLING, WILL[ A & MARIA H 111 BURNT FACTORY RD STEPHENSON,VA 22656.2205 55 - A- - 159- BAGGERLY, THOMAS R SR 8904 TELFORD CT BRISTOW, VA 20'136.2U64 55 - A- - 160- BECK, WILLIAM W & RUBY LEE 2851 BERRYVILLE PIKE WINCHESTER, VA 22603.4827 55 - A- - 174- BRADFIELD, GEORGE E ETALS 8225 CAMBOURNE CT GAITHERSBURG, MD 20877.1115 55 - 4- - 1-B SOWERS, JOSEPH D & AMY H 111 EDDYS LN WINCHESTER, VA 22602-7916 Mr. Charles Johnston, Planning Director 102 N. Church St. Berryville, VA 22611 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING April 6, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION # 12-06 FOR CARRIAGE PARK On behalf of the Frederick County Plamiing Commission, you are hereby notified of a public hearing being held on Wednesday, April 18, 2007, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #12-06 of Carriage Park, submitted by Patton Harris Rust & Associates, to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 249 single family attached homes (townhouses). The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D. 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, Michael T. Ruddy, AICP Deputy Planning Director MRT/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify th t he attached correspondence was mailed to the following on 1 (11 % from the Department of Planning and Development, Frederick County, Virginia: ACE, MYRON L & LORIE M CARRIAGE PLACE, LLG 22A RICKETTS OR 197 NE 3RD ST WINCHESTER, VA. 22601 j�BEND, OR 97701-5129 BRAGG, DAVID PO BOX 174 Patton Harris Rust Associates, PC CLEARBROOK, VA 22624-0174 Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 �P PL\ Winchester, VA 22601 BAYLIS INVESTMENTS, LLC 2332 MIDDLE RD WINCHESTER, VA 22601.2718 CARTER, ROBERT E & GLADDIE R 1560 VALLEY MILL RD WINCHESTER, VA 22602.6919 THREE-WAY PARTNERSHIP 504 EAGLE PL WINCHESTER, VA. 22601.5105 WHITMORE, WILLIAM C JR ETALS PO BOX 550 PURCELLVILLE, VA 20134.0550 BLUE RIDGE ASSOCIATES VALLEY MILL FARM, LC 2432 BERRYVILLE PIKE WINCHESTER, VA 22603-4809 8705 C ST CHESAPEAKE BEACH, MD 20732.9235 1,9I,S 31V1dW31 atiany ash WILLIAMS, BRIAN SCOTT 2718 BERRYVILLE PIKE WINCHESTER, VA. 22603.4812 ®1965 3ltfidU u efaaAd asE Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, /��_1 . c_ " , a Notary Public in and for the State and County aforesaid, do 'ereby certify that Misr nael T. Ruddy, Deputy Planning Director for the Department of Plann'i and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. �o G��1�� Given under my hand this day Y of 00 % My commission expires on �dE7 NOTARY UBLIC ALEXANDER, WILLIAM 0 II1*5 r 2663 BERRYVILLE PIKE WINCHESTER, VA. 22603.4825 BALLING, WILLI A & MARIA H 111 BURNT FACTORY RD STEPHENSON, VA 22656-2205 BAGGERLY, THOMAS R SR 8904 TELFORD CT BRISTOW, VA 20136-2064 310 - M- - 1 vv- BECK, WILLIAM W & RUBY LEE 2851 BERRYVILLE PIKE WINCHESTER, VA 22603.4827 b 5 -A- • 1 ! 4- BRADFIELD, GEORGE E ETALS 8225 CAMBOURNE CT 20877 1115 GAITHERSBURG, MD SOWERS, JOSEPH D & AMY H 111 EDDYS LN WINCHESTER, VA 22602-7916 Mr. Charles Johnston, Planning Director 102 N. Church St. Berryville, VA 22611 7 , �� f 1 ��t3J ,% Y1) Carriage Park Rezoning. Application Adjoining Property Owners ogtL � TO: BARBARA- DATA PROCESSING FROW BEV - PI nning Dept. Please pri t sets of la by HANKS Tax ID # Name Address Zoning Use 55-A-162 Investments, LLC 2332,Middle Road, Winchester, VA 22601 RA Residential 55-A-163 -Baylis Baylis Investments, LLC 2332 Middle Road, Winchester, VA 22601 RA Residential 55-A-164 Robert E. & Gladdie R. Carter 1560 Valley Mill Road, Winchester, VA 22602 RA Residential 55-A-165 Valley Mill Farm, LC 8705 C Street, Chesapeake Beach, VA 20732 RA A cultural 55-A-165D Valley Mill Farm, LC 8705 C Street, Chesapeake Beach, VA 20732 RA Agricultural 55-A-168A Brian Scott Williams 2718 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-169 Myron L. & Lorie M. Ace 11240 Cleveland Avenue, Ft. Myers, FL. 33907 RA Retail & Services 55-A-170 David Bragg P.O. Box 174, Clearbrook, VA 22624 RA Residential 55-A-171 Three Way Partnership 504 Eagle Place, Winchester, VA 22601 RA Residential 55-A-172 William C. Whitmore, Jr. Etals P.O. Box 550, Putcellville, VA 20134 RA Residential 55-A-174C Blue Ridge Associates 2432 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-146 William D. Alexander 2663 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-147 William A: & Maria H. Balling 111 Burnt Factory Road, Stephenson, VA 22656 RA Residential 55-A-159 Thomas R. Baggetly, Sr. 8904 Telford Court, Bristow, VA 20136 RA Residential 55-A-160 William W. & Ruby Lee Beck 2851 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-174 Phyllis B. Holtkamp Etals C/O Tohn Bradfield 8225 Cambourne Court, Gaithersburg, MD 20877 RA A.aticultural 55-4-1B Joseph D. & Arny H. Sowers 111 Edd s Lane, Winchester, VA 22602 RA Residential 0 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 SEP20Z16 55 - A- - 165- VALLEY MILL FARM, LC 8705 C ST CHESAPEAKE BEACH, MD 20732.9235 WeS)<51E B& NIXIE 207 1 00 09i15/06 RETURN TO SENDER ATTEMPTED - NOT KNOWN UNAMLE TO FORWARD SC: 22601500907 *0017--00094--00-40 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 6, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 412-06 FOR CARRIAGE PLACE On behalf of the Frederick County Planning Commission, you are hereby noti�- ' "a public hearing being held on Wednesday, September 20, 2006, at 7:00 p.m014�.sociates, ib- ' of the Frederick County Administration Building at 107 North Kent Streetconsider the following application: Rezoning 912-06 of Carriage Pl-- to rezone 30.52 acres from RA (Rural Ar __0 District, and 14.92 acres from MHl (Mobile Ho, aiing 45.44 acres, with proffers, for 165 single family attacl. ,ties are located south and adjacent to Route 7, east and adjacent tc _.IV Park in the Red Bud Magisterial District, and are identified by Property _.goers 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A tti, and 55-A-174D. 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, Michael T. Ruddy, AICP Deputy Planning Director MRT/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 55 • A- - 174-C BLUE RIDGE ASSOCIATES r� ' _ 016H26508243 $ 00.390 d = 05!03/2007 Mailed From 22601 ' f ' US POSTAGE 2432 BERRYVILLE PIKE WINCHESTER, VA 22603.4809 A p N1x.I� :dUl 1 08 {y.S/05107 MAY g RETURN TO SENDER INSUFFICIENT ADDRESS UNADLE: TO FORWARD OC: 2'.60:1503907 k3017-1U3'16 O3-40 • 2260105O39 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 3, 2007 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #12-06 FOR CARRIAGE PARK On behalf of the Frederick County Plamiing Commission, you are hereby notified of a public hearing being held on Wednesday, May 16, 2007, 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 912-06 of Carriage Park, submitted by Patton Harris Rust & Associates, to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 249 single family attached homes (townhouses). The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, and 55-A-174D. This application was tabled from the April 18, 2007 meeting. 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 Plamiing 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, Michael T. Ruddy, AICP Deputy Plamling Director MRT/bad 107 North Dent Street, Suite 202 v Winchester, Virginia 22601-5000