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HomeMy WebLinkAbout012-07 Opequon Crossing - 70.15 Acres RA to RP - Red Bud - Backfile0 m o Q� N co a u o 03 a' O � O Q wa�3c:) DATE RECEIVED F ADDRESS J FOR J FOR AMT. OF ACCOUNT CASH AMT. PAID CHECK BALANCE DUE MONEY ORDER No. 1225 DATE f e�^� 1'7 % '% No. 8086 RECEIVED FROM T'� n(i�`���C� . ADDRESS ❑FOR RENT .e- ❑ FOR • • AMT. OF CASH ACCOUNT AMT. PAID CHECK" BALANCE MONEY DUE ORDER WORM a L / AF0 0 co co Q 0 1 nn DATE �?�// NO. 898o RECEIVED FROM ! K-U i.a n ,,� ► ADDRESS ❑ FOR ❑ FOR ACCuJNT AMC. OF • +• CASH • ACCOUNT AMT. PAID �,-�,� -f� CHECK BALANCE MONEY DUE ORDER 6 0 REZONING TRACKING SHEET #- /a —0 Check List: Fee & Sign Deposit Application Form Deed Proffer Statement Plat/Survey Impact Analysis Taxes Paid Statement jo. er List Impact Model Run DATE bh -Z _ Application received/file opened / 0 Reference manual updated/number assigned %n 7/c-3 D-base updated / © Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing Color location maps ordered from Mapping tj , o1 l0 • / 7. 07 OtFile given to office manager to update Application Action Summary PC public hearing date ACTION: Q c BOS public hearing date ACTION: 1 � Z/ � n Signed copy of resolution for amendment of ordinance, with conditions proffered [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) % / y Action letter mailed to applicant 0 0 `2 Reference manual and D-base updated (i?,File given to office manager to update Application Action Summary (final action) File given to Mapping/CIS to update zoning map Zoning map amended 96B U \BevTommon\Tracking sheets\REZ_tracking.,vpd Revised. 05/09/02 E I November 20, 2009 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly St. Winchester, VA 22601 RE: REZONING 412-07, OPEQUON CROSSING PIN: 55-A-210 Dear Patrick: GOUN7,� of iRK> Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of November 18, 2009. The above -referenced application was approved to rezone 70.15 acres from RA (Rural Areas) District to RP (Residential Perfoi7nance) District, with proffers, for up to 325 single family attached and single family detached dwelling units (no more than 170 single family attached dwelling units). The property is located south of the existing terminus of Eddy's Lane (Route 820), approximately 2,400 feet south of Route 7 and 1,650 feet west of Opequon Creek, in the Red Bud Magisterial District. The proffer statement, dated April 10, 2007, with final revision date of November 18, 2009, that was approved as a part of this rezoning application is unique to the above referenced 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 MTRJbad Attachment cc: Philip A. Lemieux, Red Bud Magisterial District Supervisor Christopher Mohn, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue The Canyon, c/o Dave Holliday, 420 Jubal Early Dr., Ste. 103, Winchester, VA 22601 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 is 0 REZONING APPLICATION #12-07 OPEQUON CROSSING Staff Report for the Planning Commission Prepared: October 5, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director PROPOSAL: To rezone 70.15 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers. LOCATION: The property is located south of the existing terminus of Eddy's Lane (Route 820), approximately 2,400 feet south of Route 7 and 1,650 feet west of Opequon Creek. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 10/21/09 PLANNING COMMISSION MEETING: The Opequon Crossing 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. 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. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. 0 0 REZONING APPLICATION 912-07 OPEQUON CROSSING Staff Report for the Board of Supervisors Prepared: November 9, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director PROPOSAL: To rezone 70.15 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers. LOCATION: The property is located south of the existing terminus of Eddy's Lane (Route 820), approximately 2,400 feet south of Route 7 and 1,650 feet west of Opequon Creek. EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 11/18/09 BOARD OF SUPERVISORS MEETING: The Opequon Crossing 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. The Planning Commission evaluated 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, in particular, the east west collector road. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers submitted by the applicant. Subsequent to the Planning Commission's recommendation, the Applicant has revised their Proffer Statement. The new Proffer Statement, dated November 9, 2009, includes the following changes: ■ The clarification of the timing and size of the proffered recreation center building (3,000 square feet minimum) and community swirmning pools (3,500 square feet minimum). Further clarification could explicitly state that the square foot size is for the building footprint and the minimum surface area for the swimming pool shall be the surface area of the water. ■ An additional area of trail internal to the development. ■ The potential right-of-way dedication of up to 120 feet for the east -west collector road. ■ Minor modifications to the phasing, width of right-of-way reserve in the western part of the property, and the aligmnent of the said reserve. Please see the enclosed letter from Mr. Patrick Sowers dated November 9, 2009 describing the revisions. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 0 0 Rezoning #12-09 — Opequon Crossing November 9, 2009 Page 2 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: 10/21/09 Board of Supervisors: 11/18/09 Action Recommended approval Pending PROPOSAL: To rezone 70.15 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers. LOCATION: The property is located south of the existing tenninus of Eddy's Lane (Route 820), approximately 2,400 feet south of Route 7 and 1,650 feet west of Opequon Creek. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-210 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: AgriculturalNacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RP (Residential Performance) East: RP (Residential Performance) West: RP (Residential Performance) Use: Agricultural Use: Residential (Twin Lakes) Use: Residential (Haggerty) Use: Residential (Fieldstone Heights) PROPOSED USES: Up to 325 single family attached and single family detached dwelling units (no more than 170 single family attached dwelling units). (4.6 units per acre). r Rezoning #12-07 — Opequon Crossing November 9, 2009 Page 3 REVIEW EVALUATIONS: Frederick County Transportation: Please see additional remaining Frederick County Transportation Comments provided by Mr. John Bishop on page 10 of this report: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 7, 659 and 820. These routes are the VDOT roadways which have been considered as the access to the property. VDOT is not satisfied that the transportation proffers offered in the revised Opequon Crossing rezoning application dated November, 2008 address transportation concerns associated with this request. Specifically, VDOT has the following concerns: 1. The analyst coded the Synchro files assurning a 45 mph speed limit for Route 7, but our database shows the speed limit as 55 mph. At 55 mph, the Department would not likely allow a pennissive left turn movement. Coding the movement as Protected and raising the travel to 55 mph, degrades the LOS, therefore requiring additional mitigation. We suggest the following turn lane configurations at the Route 7/Haggerty: WB (1 left, 2 thru), EB (2 thru, 1 right), NB (1 left, 1 right). 2. A turn lanes analysis should be conducted at Haggerty Dr./Site Drive 2. 3. An alternate roadway connection (either through a new Valley Mill Road or Fieldstone, Section 2/Channing Drive connection) is needed for this development to access areas west and south. Without this alternate roadway connection, all trips will be forced to use Primary Route 7 back to Winchester to access schools, shopping, etc. The existing single lane bridge on Valley Mill Road will not accommodate increased traffic flow. This single lane bridge will be difficult to upgrade/replace due to right-of-way, historical and environmental concerns. 4. Due to the close proximity to Northern Virginia, there is a public need for a park and ride facility in this area. This development will certainly increase the need for park and ride commuters. Dedicated right-of-way and/or monetary contributions should be considered for a park and ride facility. 5. Inter -parcel roadway connections should be provided to adjacent properties. 6. Future Valley Mill Road connection from Point B to Point C is not mentioned in the proffers. Generalized Development Plan should be revised to show B to C right-of-way as a dedication to Frederick County rather than a reservation. 7. Additional right-of-way is needed on the East-West Collector Roadway at any intersection requiring right turn lanes. A UD-4 with right turn lanes, without sidewalk, requires a minimum of 100' of right-of-way. Fire Marshall: Plan approval recommended. Department of Inspections: No comments at this time. Comments shall be made at site plan submittal. Department of Public Works: The revised rezoning application dated February 23, 2009 has adequately addressed our previous comments. We anticipate that any ftrture master development plans will include a wetlands analysis and a detailed discussion of a proposed storrnwater management plan. Frederick -Winchester Service Authority: No comment. Sanitation Authority Department: There should be adequate sewer and water capacity to serve this project. Rezoning 912-07 — Opequon Crossing November 9, 2009 Page 4 Department of Parks & Recreation: 1. Opequon Crossing is proposing a total of 325 units and would require 11 recreation units. 2. Item 3.1: The Parks and Recreation Department would need to review the design of the recreation building for appropriateness as a "recreation amenity". 3. Item 3.2 & 3.3: The proffer contribution would appear to meet the Development Impact Model. 4. Item 3.6: The trail system should provide connectivity to adjoining subdivision, facilities and be consistent with the 2007 Winchester Frederick County MPO Bicycle/Pedestrian Network. Health Department: Health Dept. has no objection if public water and sewer are provided. Winchester Regional Airport: Neither the location or the elevation of this site requires a 7460-1 to be filed with the Federal Aviation Administration; however, it does lie within the air space of the Winchester Airport. Due to its proximity to the airport, property owners may experience aircraft fly- over noise from aircraft entering into or departing the flight pattern from the North. Special considerations will not be requested by the Winchester Regional Airport. Frederick County Public Schools: The cumulative impact of this project and other projects in various stages of development in eastern Frederick County will necessitate future construction of new schools and support facilities to accommodate increased student enrollment. We estimate that the 155 single family detached units and 170 single family attached units in this development will house 43 high school students, 37 middle school students and 70 elementary school students. In order to properly serve these 144 students, Frederick County Public Schools will outlay $5,546,000 in capital expenditures and $1,567,000 anivally in operating costs. We note the proffered amounts of $20,265 per single family detached unit and $14,268 per single family attached unit, which match the current development impact mode. Thank you. In this area of the County, we use the larger transit buses with a student capacity of 78. We are strongly concerned about the connection of Haggerty Boulevard to Route 7. For safety, the connection needs to be either signalized or have a crossover capable of providing refuge for a transit bus. Our concern stems from the heavy volume of high-speed traffic currently on Route 7, particularly during the morning rush hour, which poses a significant safety issue for buses running from existing housing to existing schools. The location of the Haggerty Boulevard intersection in Berryville Canyon across from the Route 37 ramps could compound the problem with sight distance issues and a complex environment for drivers to interpret. Frederick County Public Schools is concerned about all land development applications. Both capital expenditures and annual operating costs are increased by each approved residential development. Historic Resources Advisory Board: The HRAB considered the rezoning proposal during their meeting of May 15, 2007. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report. The subject parcel is the site of the Adams Farm House (DHR #34- 397) and is in close proximity to several other structures, including Valley Mill Farm (DHR #34-108) which is on the National and Virginia Registers of Historic Places. Other properties in close proximity to the proposed rezoning project are the Route 659 House (DHR #34-396), the Haggerty House (DHR #34-398) and the Carter-Lee-Damron House (DHR #34-1150). Although only the Valley Mill Farm property is listed as potentially significant, the HRAB did have several suggestions to mitigate the impact of the proposed development on the cluster of historic structures in this area. Both the Haggerty House and the Carter-Lee-Damron House are located on adjoining properties which were recently rezoned for residential uses similar to this proposal. The Carter-Lee-Damron House, on the Toll 0 • Rezoning #12-07 — Opequon Crossing November 9, 2009 Page 5 Brothers "Twin Lakes" property, will be utilized as a recreational element for that development. The application states that the applicant proposes to construct a residential development of 155 single family homes and 170 townhomes. The HRAB feels that this proposed development can address the following issues in an effort to mitigate impacts on historic resources: Architectural Documentation: The HRAB felt that there is a need to document and research the historic significance of this property. The HRAB suggested documenting the house and any out -buildings for their historical significance, including (but not limited to) researching and identifying past owners/occupants, significant application of building materials, and architectural features associated with the time period of construction, etc. The HRAB felt that photographs of the interior and exterior of the buildings should also be taken to visually document the Adams Farm House. Buffers and Screening: The HRAB suggested an increased buffer along the shared property line with the Valley Mill Fann property (PIN 55-A-165). The HRAB acknowledged the existing woodlands on the Valley Mill Fai7n Property as well as the topography of the area as natural screening, but felt that the applicant could provide additional pine trees in this area to help mitigate the impact of this new development on the view shed of the Valley Mill Farm since it is on both State and National Registers. Development Name: Due to the fact that the Back Creek Magisterial District of Frederick County already recognizes an areas as the "Historic Opequon Village" and that the Historic Opequon Village area is indicated in the Comprehensive Policy Plan as a possible historic district, the HRAB felt that the applicant could consider renaming this development project to maintain the integrity of the potential historic district and eliminate confusion that the new development is a historic area. Attorney Comments: Please see attached letter dated March 26, 2009 from Roderick B. Williams, County Attorney. Planning Department: Please see attached correspondence from Michael Ruddy, AICP dated July 2, 2007 and March 12, 2009. PlanninLy & Zoninjz: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the property with the A-2 Agricultural classification. The County's A-1 and A-2 agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. This rezoning application was originally submitted to the County on two occasions during 2007. At that time, theApplicant determined that theApplication was not in the appropriate form to proceed and wanted additional time to work on the Application. Rezoning #12-07 — Opequon Crossing November 9, 2009 Page 6 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the connrnunity'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 Opequon Crossing 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. This application would enable a residential density of 4.6 units per acre. 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 enviromnentally 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 and should be achieved with this application. 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 7-206). 0 • Rezoning #12-07 — Opequon Crossing November 9, 2009 Page 7 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. Relocated Valley Mill Road runs through this property. 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 anew 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. The adjacent Haggerty property recognizes the comprehensively planned alignment of Valley Mill Road and furthers its construction. 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 project and the 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. Site Access and design. Access to this project is designed to be from the adjacent Haggerty project and ultimately Route 7. Additional access to the site will be from Eddy's Lane. No recognition has been provided in the TIA for the relocation of Valley Mill Road and the vehicle trips that may be projected to traverse this property with the completion of this significant element of the County's Eastern Road Plan. The potential dedication of right-of-way for the future location of Valley Mill Road relocated is included as a commitment in the Proffer Statement. Future construction of a two lane portion of a small section of this road is included. However, nothing beyond this commitment has been made to further this important element of site access has been provided. Inter parcel access has been identified in one location to the south providing access to the Twin Lakes project. A potential inter parcel connection to the Fieldstone property to the west has been offered. No additional design of the internal road network has been provided with this application and no additional inter parcel connections have been pursued. The potential use of Eddy's Lane as an access point to this parcel without the completion of the relocation of Valley Rezoning # 12-07 — Opequon Crossing November 9, 2009 Page 8 Mill Road should be carefully considered. Any additional vehicle trips utilizing the existing one lane bridge over Abrams Creek should be avoided. 3) Site Suitability/Environment The Opequon Crossing 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. Abram's Creek is located inunediately north of the northern property line and generally parallels this property line. A pond is located central to the eastern portion of the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and provide an opportunity for enhanced protection of the riparian corridor. 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. However, protection of the integrity of the pond, environmental open spaces, and the riparian areas south of Abram's Creek, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. The site contains areas that are 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. A greater amount of consideration should be provided to incorporating the protection of areas of mature woodlands into the design of the project to assist in their preservation and create desirable areas of open space. 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. The HRAB reviewed this request and provided several comments. The subject parcel is the site of the Adams Farm House (DHR #34-397) and is in close proximity to several other structures. The Applicant has modified the narne of the project and has addressed the more substantial comments in the application. 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 155 single farnily detached residential units andl70 single family attached residential units would generate 3,029 vehicle trips per day. The report was developed with access to the site provided via a single site driveway along the proposed Haggerty Connector Road that will serve as a connection between the site and Route 7. • 0 Rezoning 412-07 — Opequon Crossing November 9, 2009 Page 9 The report concludes that the traffic impacts associated with the Opequon Crossing project are acceptable and manageable. Staff had previously expressed concerns regarding the scope and validity of the TIA prepared for this application. Please refer to the comments provided by Mr. Bishop and by VDOT. No consideration has been given to the property's location and relationship to the County's Eastern Road Plan. In particular, the relocation of ValleyMillRoad, the Spine Road, and the additional volumes that would be projected to utilize this comprehensively planned road network. In addition, no consideration has been provided for the impacts oil existing Eddy's Lane, the one lane bridge over Abrams Creek, and the existing intersection of Valley Mill Road and Route 7. It is recognized that the Applicant provided an updated TIA for this location. However, the noted concerns remain. Transportation Program. The Generalized Development Plan for Opequon Crossing delineates the general public road system that will serve the residential development. Primary access to the site is from a proposed comlection to the adjacent Haggerty property and indirectly to Route 7, and via Eddy's Lane. One connection with the Twin Lakes property has been identified. Minimal additional detail has been provided regarding the internal street system serving this project and providing connectivity to the adjacent property, in particular to the south. An additional potential comlection location has been identified to the Fieldstone property to the west. It must be recognized that the adjacent Fieldstone property does not recognize this connection. Only at such time such a connection is agreeable to both parties would it be appropriate to pursue such connectivity. The location of the relocated Valley Mill Road has been correctly identified on the GDP. However, the application fails to adequately address this most significant element of the County's Eastern Road Plan. It should be expected that construction of the road should occur consistent with the typical section clearly demonstrated in the County's Eastern Road Plan. In addition, the required standard road efficiency buffer should be provided per the County's Zoning Ordinance rather than per the applicant's defined landscape buffer. It is expected that any application for rezoning addresses the design and construction of a road located on their property that is an element of the County's Comprehensive Policy Plan. Simply providing a reserve area for the future construction by others would not typically meet expectations and the goals of the Comprehensive Plan. In summary, the Applicant's transportation program provides for the following: • Construction of two lanes of this major collector road for a distance of approximately 400 feet and prior to the 100t" building permit • The reservation for future dedication of an 80 foot wide reserve area within the property. The latest proffer increases the potential right-of-way dedication to 120' Rezoning #12-07 — Opequon Crossing November 9, 2009 Page 10 • $1,000 per single family attached dwelling and $2,000 per single family detached dwelling that are to be utilized for road improvements to alleviate transportation problems in the general vicinity of the property. Please note that this monetary contribution is even less than it was when this request was originally submitted in 2007. At that time the contribution was $3,000 and $5,000 respectively. The Application does address the construction of the access to Route 7 by the adjacent Iaggerty prior to the issuance of any building permits on this property. However, no recognition is provided to the very important Spine Road connection previously proffered to the south of the Haggerty project. A commitment was made to ensure this connection would be in place in a timely mamler and commensurate with a number of building permits for the Haggerty project. The addition of more permits from the Opequon Crossing project would place additional impact on the proposed roads without the implementation of this improvement. The final proffer statement adequately addresses this concern. 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 co numents offered by the Department of Parks and Recreation relating to this effort have not been addressed. Greater effort should be made in designing and providing a trail system with linkages to open space to the satisfaction of Parks and Recreation. This should be done at the time of rezoning rather at the time of MDP. This would then ensure its planning is coordinated with the overall transportation improvements and its completion secured through the proffer statement. The final proffer statement adequately addresses this concern. The following additional transportation TIA-related comments are provided by Mr. Bishop, Frederick County Transportation Planner. Aside from a right-of-way dedication, this proposal does not address the Eastern Road Plan connection to Valley Mill Drive. It is important to recognize that the Eastern Road Plan needs to be implemented in this area in order to create a sustainable transportation network. Accessing Route 7 as the only means for residents of this development to reach goods and services degrades the function of Route 7 as an Arterial highway. The proffer of $1,000 per multi family unit and $2,000 per single family unit is well below the standards which have previously been followed for offsetting transportation impacts in Frederick County. While I recognize and empathize with the challenges of today's market, those challenges do not lessen the impact of new residential development on Frederick County roadways. The results of the TIA's study of the intersection with Route 7 do not alleviate my concerns about the impacts to Route 7 as it approaches I-81. Due to the distances involved, it was deemed excessive to have this development scope their traffic impacts that far. However, it is clear from what is being proposed that that congested area is where the residents of this Rezoning # 12-07 — Opequon Crossing November 9, 2009 Page 11 development will need to go for goods and services, thus adding to a traffic situation that is already unacceptable. Please consider this issue when reviewing the points above. The Applicant's transportation program is insufficient in addressing the transportation impacts of the project and furthering the goals of the Comprehensive Plan. B. Sewer and Water The Opequon Crossing rezoning proposal is estimated to require approximately 65,000 gallons per day of water usage and approximately 65,000 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. Requests for land use modifications sho:dd be evaluated vei3l 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 155 single family homes will yield 26 high school students, 20 middle school students, 36 elementary school students; and 170 townhouses will yield 16 high school students, 16 middle school students, and 32 elementary school students, which totals 146 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. The Frederick County Development Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriffs Office and for the Administration Building have been calculated and provided to the applicant for their consideration. The DIM projects that, on average, residential development has a negative fiscal impact on the County's capital expenditures, as such, all rezoning petitions with a residential component submitted after July 1, 2009 will be expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: Single family dwelling unit $21,664 Town home dwelling unit $15,441 Apartment dwelling unit $13,005 The Applicant has proffered the appropriate amount per single family detached dwelling unit and per single family attached townhouse dwelling unit. Rezoning #12-07 — Opequon Crossing November 9, 2009 Page 12 No rezoning should be approved unless the net impacts on commnunity 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 8-262). S) Proffer Statement — Dated April 10, 2007; Last revised September 24, 2009 (Final Revision Dated November 9, 2009 is summarized in the Executive Sumnzauy). 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 Opequon Crossing 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 325 single family attached and single family detached dwelling units. Up to 170 single family attached townhouse units would be perrnitted. Multi family dwelling units are prohibited. The applicant has proffered a phased introduction of the residential units over a minimum three year period from the date of final rezoning with the potential for up to 109 units per year. Staff note: This phased approach does very little to realistically address the intent of phasing 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 amlual allocation occur on consecutive years following the approval of the master development plan for this project and enable the construction of a smaller number of units. 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. Recognition of recently approved projects in the vicinity of this proposal should also be considered when evaluating the phased inclusion of new residential units into this area of the community. C) Transportation The Applicant has proffered the reservation of an 80 foot wide reserve area for the future dedication of an 80 foot right of way within the property to accommodate the future construction, by others, of the Valley Mill Road relocated major collector road. (120' has since been proffered). The Applicant has proffered the construction of two lanes of the major collector road from point A to point B on the GDP for a distance of approximately 400 feet, prior to the 100"' building permit. • 0 Rezoning #12-07 — Opequon Crossing November 9, 2009 Page 13 The Applicant has proffered $1,000 per single family attached dwelling and $2,000 per single family detached dwelling that are to be utilized for road improvements to alleviate transportation problems in the general vicinity of the property. Please note that this monetary contribution is even less than it was when this request was originally submitted in 2007. At that time the contribution was $3,000 and $5,000 respectively. The Applicant has proffered that no building permits will be issued for the property until such time that the property has access to Route 7 via the future Haggerty transportation network. D) Recreational Facility The Applicant has proffered to design and build a recreation building in this project. Please recognize that no definition of what the building is, or design depicting the recreational building, has been provided. Past experiences would indicate the importance of being more specific in this regard. Recreational units may be required by ordinance based upon the ultimate housing types utilized in this project. The final proffer statement adequately addresses this concern. E) Monetary Contribution The Applicant has proffered a total of $21,664 per single farnily detached dwelling unit and $15,441 per single family attached townhouse dwelling unit to offset the capital costs associated with this request. STAFF CONCLUSIONS FOR 10/21/09 PLANNING COMMISSION MEETING: The Opequon Crossing 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. The Planning Conunission 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 Cornrnission, should be addressed prior to the decision of the Plamiing Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/21/09 MEETING: The staff reviewed the proposal with the Commission and noted that the unresolved issues remaining included transportation impacts, trail and sidewalk improvements with additional connections to Parks and Recreation's satisfaction, and recreational facility definition and design. It was noted that a previous issue regarding the timing of improvements by others had been resolved. Transportation concerns remaining included the reduction of cash contributions compared to the previous application submittal; that eastbound traffic would be forced to use Route 7 or access Valley Mill Road via a single - lane bridge as a result of an incomplete east -west connector; the absence of language indicating the proposed trail system will be available for community access; and an 80-foot right-of-way limitation on the east -west collector and absence of language involving the county in determining appropriate right- Rezoning 412-07 — Opequon Crossing November 9, 2009 Page 14 of -way. The applicant stated that all HRAB continents had been addressed including a revised project name, provision of a year -around screen adjacent to Valley Mill Farm, and documentation of the Adams House and other existing structures. The applicant noted that traffic generation for the revised project submittal decreased from 3,000 tpd to 2,658 tpd from the previous version, according to TIA scoping, resulting in a LOS "B" for this project; the intersections required to be scoped were determined by VDOT and not the applicant; $480,000 was being proffered for infrastructure improvements. The applicant proffered to build two lanes of the ultimate four -lane divided cross section of the East-West Collector from point A to B as indicated on the GDP; and, from point B to C, the applicant provided a reserve area for the ultimate right-of-way necessary to make the connection to Valley Mill Road. The applicant noted that the language indicates an 80-foot width and, if VDOT requires additional right-of- way, up to 100 feet can be provided; the applicant agreed to modify the proffer language to include the County in this determination, as requested by the staff. The applicant stated that zoning ordinance requirements for the road efficiency buffer between the residential units and the major collector roadway will be followed; no modified road efficiency buffer has been provided within the proffer. The applicant noted that the project provides the right-of-ways for all new roads and for the east -west connector in accordance with the Eastern Road Plan; it provides inter -parcel connectors to adjoining properties, and provides access through Eddy's Lane. The applicant pointed out that their failed attempt to acquire an inter -parcel comiection to Fieldstone was not a result of a lack of cooperation, but because the developers of Fieldstone had already marketed and sold residential units as a private development without a through street and additionally, considerable infrastructure had already been installed. The applicant stated that the project included a pedestrian sidewalk system within the development, as well as a trail system. The applicant also proffered that the spine road must be completed before any building permits are issued. The applicant commented that suggesting additional off -site road improvements when traffic impacts have been mitigated and when the project will be operating at a LOS "B" did not seem to be in -keeping with the Comprehensive Policy Plan. There were no public comments during the public hearing. Commissioners had questions regarding the spine road when Route 37 is constructed through the area. It was noted that approximately 750 feet of the spine road would transition to become two lanes of Route 37. Route 37 would sever the spine road comlection to the south, but it would become an underpass for the east -west connector. Commission members were concerned about the off -site transportation impacts that would ultimately result from this project. Commission members were sensitive to the long-range transportation and infrastructure needs in this area, but believed some expectations exceeded what could reasonably be expected from this particular project. It was recognized that the applicant had made efforts to address those needs, although they expressed disappointment that the cash contribution had decreased. A Commission member believed this project highlighted the need for a county transportation model which could equitably show what individual projects were responsible for regarding off -site and cash contributions. • 0 Rezoning #12-07 — Opequon Crossing November 9, 2009 Page 15 By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers submitted by the applicant. The majority vote was: YES: Molrn, Triplett, Kriz, Madagan, Wilmot, Ruckinan, Manuel, Ambrogi, Crosen, Unger NO: Oates (Note: Commissioner Thomas was absent from the meeting.) EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 11/18/09 BOARD OF SUPERVISORS MEETING: The Opequon Crossing 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. The Planning Commission evaluated 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, in particular, the east west collector road. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers submitted by the applicant. Subsequent to the Planning Commission's recommendation, the Applicant has revised their Proffer Statement. The new Proffer Statement, dated November 9, 2009, includes the following changes: ■ The clarification of the timing and size of the proffered recreation center building (3,000 square feet minimum) and community swimming pools (3,500 square feet minimum). Further clarification could explicitly state that the square foot size is for the building footprint and the minimum surface area for the swimming pool shall be the surface area of the water. ■ An additional area of trail internal to the development. ■ The potential right-of-way dedication of up to 120 feet for the east -west collector road. ■ Minor modifications to the phasing, width of right-of-way reserve in the western part of the property, and the alignment of the said reserve. Please see the enclosed letter from Mr. Patrick Sowers dated November 9, 2009 describing the revisions. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Opequon Crossing -4 or eA 55 A 165B SID Rezoning Request MCHALE MATTHEW CHARLES -4 o\'-' REZ # 12 - 07 70 acres RA to RP (325 residences) -C6-19 PIN: 55 - A - 210 Current Zoning 55 A 165 Map -fA VALLEY MILL FARM LC J, A -0 55 A 210 THE CANYON CL lk 55 A 209 TOLL VA IV LP 55 A 212 THE CANYON LC ' C ?�Y,o A -4f 4m �rbNC I 4 7 554f ",-Ri 0? 9 149D ok /4,1 C04f4fUV, ryXISSOC Ar O C lu FF Rr W-T AUiEE CT AkmL m Case Planner MlRudd} '� F-M78yp- -1-1 ORUIM7_0M-C-g0 W9 ............ . ............ . 0 250 500 1,000 Feet wr S 0 Rezoning #12-09 — Opequon Crossing October 5, 2009 Page 2 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: 10/21/09 Board of Supervisors: 11/18/09 Action Pending Pending PROPOSAL: To rezone 70.15 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers. LOCATION: The property is located south of the existing terminus of Eddy's Lane (Route 820), approximately 2,400 feet south of Route 7 and 1,650 feet west of Opequon Creek. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-210 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Agricultural/Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RP (Residential Performance) East: RP (Residential Performance) West: RP (Residential Performance) Use: Agricultural Use: Residential (Twin Lakes) Use: Residential (Haggerty) Use: Residential (Fieldstone Heights) PROPOSED USES: Up to 325 single family attached and single family detached dwelling units (no more than 170 single family attached dwelling units). (4.6 units per acre). Rezoning #12-07 — Opequon Crossing October 5, 2009 Page 3 REVIEW EVALUATIONS: Frederick County Transportation: Please see additional remaining Frederick County Transportation Comments provided by Mr. John Bishop on page 10 of this report: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 7, 659 and 820. These routes are the VDOT roadways which have been considered as the access to the property. VDOT is not satisfied that the transportation proffers offered in the revised Opequon Crossing rezoning application dated November, 2008 address transportation concerns associated with this request. Specifically, VDOT has the following concerns: 1. The analyst coded the Synchro files assuming a 45 mph speed limit for Route 7, but our database shows the speed limit as 55 mph. At 55 mph, the Department would not likely allow a permissive left turn movement. Coding the movement as Protected and raising the travel to 55 mph, degrades the LOS, therefore requiring additional mitigation. We suggest the following turn lane configurations at the Route 7/Haggerty: WB (1 left, 2 thru), EB (2 thru, 1 right), NB (1 left, 1 right). 2. A turn lanes analysis should be conducted at Haggerty Dr./Site Drive 2. 3. An alternate roadway connection (either through a new Valley Mill Road or Fieldstone, Section 2/Channing Drive connection) is needed for this development to access areas west and south. Without this alternate roadway connection, all trips will be forced to use Primary Route 7 back to Winchester to access schools, shopping, etc. The existing single lane bridge on Valley Mill Road will not accommodate increased traffic flow. This single lane bridge will be difficult to upgrade/replace due to right-of-way, historical and environmental concerns. 4. Due to the close proximity to Northern Virginia, there is a public need for a park and ride facility in this area. This development will certainly increase the need for park and ride commuters. Dedicated right-of-way and/or monetary contributions should be considered for a park and ride facility. 5. Inter -parcel roadway connections should be provided to adjacent properties. 6. Future Valley Mill Road connection from Point B to Point C is not mentioned in the proffers. Generalized Development Plan should be revised to show B to C right-of-way as a dedication to Frederick County rather than a reservation. 7. Additional right-of-way is needed on the East-West Collector Roadway at any intersection requiring right turn lanes. A UD-4 with right turn lanes, without sidewalk, requires a minimum of 100' of right-of-way. Fire Marshall: Plan approval recommended. Department of Inspections: No comments at this time. Comments shall be made at site plan submittal. Department of Public Works: The revised rezoning application dated February 23, 2009 has adequately addressed our previous comments. We anticipate that any future master development plans will include a wetlands analysis and a detailed discussion of a proposed stormwater management plan. Frederick -Winchester Service Authority: No comment. Sanitation Authority Department: There should be adequate sewer and water capacity to serve this proj ect. Rezoning #12-07 — Opequon Crossing October 5, 2009 Page 4 Department of Parks & Recreation: 1.Opequon Crossing is proposing a total of 325 units and would require 11 recreation units. 2. Item 3.1: The Parks and Recreation Department would need to review the design of the recreation building for appropriateness as a "recreation amenity". 3. Item 3.2 & 3.3: The proffer contribution would appear to meet the Development Impact Model. 4. Item 3.6: The trail system should provide connectivity to adjoining subdivision, facilities and be consistent with the 2007 Winchester Frederick County MPO Bicycle/Pedestrian Network. Health Department: Health Dept. has no objection if public water and sewer are provided. Winchester Regional Airport: Neither the location or the elevation of this site requires a 7460-1 to be filed with the Federal Aviation Administration; however, it does lie within the air space of the Winchester Airport. Due to its proximity to the airport, property owners may experience aircraft fly- over noise from aircraft entering into or departing the flight pattern from the North. Special considerations will not be requested by the Winchester Regional Airport. Frederick County Public Schools: The cumulative impact of this project and other projects in various stages of development in eastern Frederick County will necessitate future construction of new schools and support facilities to accommodate increased student enrollment. We estimate that the 155 single family detached units and 170 single family attached units in this development will house 43 high school students, 37 middle school students and 70 elementary school students. In order to properly serve these 144 students, Frederick County Public Schools will outlay $5,546,000 in capital expenditures and $1,567,000 annually in operating costs. We note the proffered amounts of $20,265 per single family detached unit and $14,268 per single family attached unit, which match the current development impact mode. Thank you. In this area of the County, we use the larger transit buses with a student capacity of 78. We are strongly concerned about the connection of Haggerty Boulevard to Route 7. For safety, the connection needs to be either signalized or have a crossover capable of providing refuge for a transit bus. Our concern stems from the heavy volume of high-speed traffic currently on Route 7, particularly during the morning rush hour, which poses a significant safety issue for buses running from existing housing to existing schools. The location of the Haggerty Boulevard intersection in Berryville Canyon across from the Route 37 ramps could compound the problem with sight distance issues and a complex environment for drivers to interpret. Frederick County Public Schools is concerned about all land development applications. Both capital expenditures and annual operating costs are increased by each approved residential development. Historic Resources Advisory Board: The HRAB considered the rezoning proposal during their meeting of May 15, 2007. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report. The subject parcel is the site of the Adams Farm House (DHR #34- 397) and is in close proximity to several other structures, including Valley Mill Farm (DHR #34-108) which is on the National and Virginia Registers of Historic Places. Other properties in close proximity to the proposed rezoning project are the Route 659 House (DHR #34-396), the Haggerty House (DHR 934-398) and the Carter-Lee-Damron House (DHR #34-1150). Although only the Valley Mill Farm property is listed as potentially significant, the HRAB did have several suggestions to mitigate the impact of the proposed development on the cluster of historic structures in this area. Both the Haggerty House and the Carter-Lee-Damron House are located on adjoining properties which were recently rezoned for residential uses similar to this proposal. The Carter-Lee-Damron House, on the Toll 0 . Rezoning #12-07 — Opequon Crossing October 5, 2009 Page 5 Brothers "Twin Lakes" property, will be utilized as a recreational element for that development. The application states that the applicant proposes to construct a residential development of 155 single family homes and 170 townhomes. The HRAB feels that this proposed development can address the following issues in an effort to mitigate impacts on historic resources: Architectural Documentation: The HRAB felt that there is a need to document and research the historic significance of this property. The HRAB suggested documenting the house and any out -buildings for their historical significance, including (but not limited to) researching and identifying past owners/occupants, significant application of building materials, and architectural features associated with the time period of construction, etc. The HRAB felt that photographs of the interior and exterior of the buildings should also be taken to visually document the Adams Farm House. Buffers and Screening: The HRAB suggested an increased buffer along the shared property line with the Valley Mill Farm property (PIN 55-A-165). The HRAB acknowledged the existing woodlands on the Valley Mill Farm Property as well as the topography of the area as natural screening, but felt that the applicant could provide additional pine trees in this area to help mitigate the impact of this new development on the view shed of the Valley Mill Farm since it is on both State and National Registers. Development Name: Due to the fact that the Back Creek Magisterial District of Frederick County already recognizes an areas as the "Historic Opequon Village" and that the Historic Opequon Village area is indicated in the Comprehensive Policy Plan as a possible historic district, the HRAB felt that the applicant could consider renaming this development project to maintain the integrity of the potential historic district and eliminate confusion that the new development is a historic area. Attorney Comments: Please see attached letter dated March 26, 2009 from Roderick B. Williams, County Attorney. Planning Department: Please see attached correspondence from Michael Ruddy, AICP dated July 2, 2007 and March 12, 2009. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the property with the A-2 Agricultural classification. The County's A-1 and A-2 agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. This rezoning application was originally submitted to the County on two occasions during 2007. At that time, the Applicant determined that the Application was not in the appropriate form to proceed and wanted additional time to work on the Application. 0 0 Rezoning #12-07 — Opequon Crossing October 5, 2009 Page 6 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] T.17;id T Tco 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 Opequon Crossing 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. This application would enable a residential density of 4.6 units per acre. 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 and should be achieved with this application. 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 7-206). Rezoning #12-07 — Opequon Crossing October 5, 2009 Page 7 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. Relocated Valley Mill Road runs through this property. 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. The adjacent Haggerty property recognizes the comprehensively planned alignment of Valley Mill Road and furthers its construction. 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 project and the 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. Site Access and design. Access to this project is designed to be from the adjacent Haggerty project and ultimately Route 7. Additional access to the site will be from Eddy's Lane. No recognition has been provided in the TIA for the relocation of Valley Mill Road and the vehicle trips that may be projected to traverse this property with the completion of this significant element of the County's Eastern Road Plan. The potential dedication of right-of-way for the future location of Valley Mill Road relocated is included as a commitment in the Proffer Statement. Future construction of a two lane portion of a small section of this road is included. However, nothing beyond this commitment has been made to further this important element of site access has been provided. Inter parcel access has been identified in one location to the south providing access to the Twin Lakes project. A potential inter parcel connection to the Fieldstone property to the west has been offered. No additional design of the internal road network has been provided with this application and no additional inter parcel connections have been pursued. The potential use of Eddy's Lane as an access point to this parcel without the completion of the relocation of Valley Rezoning #12-07 — Opequon Crossing October 5, 2009 Page 8 Mill Road should be carefully considered. Any additional vehicle trips utilizing the existing one lane bridge over Abrams Creek should be avoided. 3) Site Suitability/Environment The Opequon Crossing 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. Abram's Creek is located immediately north of the northern property line and generally parallels this property line. A pond is located central to the eastern portion of the property. These features and their associated slopes, natural drainage ways, and floodplains warrant particular attention and provide an opportunity for enhanced protection of the riparian corridor. 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. However, protection of the integrity of the pond, environmental open spaces, and the riparian areas south of Abram's Creek, especially during the construction phases, remain a concern and should be a greater consideration of this application and as part of the proffer statement. The site contains areas that are 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. A greater amount of consideration should be provided to incorporating the protection of areas of mature woodlands into the design of the project to assist in their preservation and create desirable areas of open space. 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. The HRAB reviewed this request and provided several comments. The subject parcel is the site of the Adams Farm House (DHR #34-397) and is inclose proximity to several other structures. The Applicant has modified the name of the project. However, the more substantial comments have not been addressed by the application. 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 155 single family detached residential units and170 single family attached residential units would generate 3,029 vehicle trips per day. The report was developed with access to the site provided via a single site driveway along the proposed Haggerty Connector Road that will serve as a connection between the site and Route 7. Rezoning #12-07 — Opequon Crossing October 5, 2009 Page 9 The report concludes that the traffic impacts associated with the Opequon Crossing project are acceptable and manageable. Staff has concerns regarding the scope and validity of the TL4 prepared for this application. Please refer to the comments provided by Mr. Bishop and by VDOT. No consideration has been given to the property's location and relationship to the County's Eastern Road Plan. In particular, the relocation of Valley Mill Road, the Spine Road, and the additional volumes that would be projected to utilize this comprehensively planned road network. In addition, no consideration has been provided for the impacts on existing Eddy's Lane, the one lane bridge over Abrams Creek, and the existing intersection of Valley Mill Road and Route 7. Transportation Program. The Generalized Development Plan for Opequon Crossing delineates the general public road system that will serve the residential development. Primary access to the site is from a proposed connection to the adjacent Haggerty property and indirectly to Route 7, and via Eddy's Lane. One connection with the Twin Lakes property has been identified. Minimal additional detail has been provided regarding the internal street system serving this project and providing connectivity to the adjacent property, in particular to the south. An additional potential connection location has been identified to the Fieldstone property to the west. The location of the relocated Valley Mill Road has been correctly identified on the GDP. However, the application fails to adequately address this most significant element of the County's Eastern Road Plan. It should be expected that construction of the road should occur consistent with the typical section clearly demonstrated in the County's Eastern Road Plan. In addition, the required standard road efficiency buffer should be provided per the County's Zoning Ordinance rather than per the applicant's defined landscape buffer. It is expected that any application for rezoning addresses the design and construction of a road located on their property that is an element of the County's Comprehensive Policy Plan. Simply providing a reserve area for the future construction by others would not typically meet expectations and the goals of the Comprehensive Plan. In summary, the Applicant's transportation program provides for the following: • Construction of two lanes of this major collector road for a distance of approximately 400 feet and prior to the 1001h building permit • The reservation for future dedication of an 80 foot wide reserve area within the property. • $1,000 per single family attached dwelling and $2,000 per single family detached dwelling that are to be utilized for road improvements to alleviate transportation problems in the general vicinity of the property. Please note that this monetary contribution is even less than it was when this request was originally submitted in 2007. At that time the contribution was $3,000 and $5,000 respectively. Rezoning #12-07 — Opequon Crossing October 5, 2009 Page 10 The Application does address the construction of the access to Route 7 by the adjacent Haggerty prior to the issuance of any building permits on this property. However, no recognition is provided to the very important Spine Road connection previously proffered to the south of the Haggerty project. A commitment was made to ensure this connection would be in place in a timely manner and commensurate with a number of building permits for the Haggerty project. The addition of more permits from the Opequon Crossing project would place additional impact on the proposed roads without the implementation of this improvement. 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. Greater effort should be made in designing and providing a trail system with linkages to open space to the satisfaction of Parks and Recreation. This should be done at the time of rezoning rather at the time of MDP. This would then ensure its planning is coordinated with the overall transportation improvements and its completion secured through the proffer statement. The following additional transportation TIA-related comments are provided by Mr. Bishop, Frederick County Transportation Planner. Aside from a right-of-way dedication, this proposal does not address the Eastern Road Plan connection to Valley Mill Drive. It is important to recognize that the Eastern Road Plan needs to be implemented in this area in order to create a sustainable transportation network. Accessing Route 7 as the only means for residents of this development to reach goods and services degrades the function of Route 7 as an Arterial highway. The proffer of $1,000 per multi family unit and $2,000 per single family unit is well below the standards which have previously been followed for offsetting transportation impacts in Frederick County. While I recognize and empathize with the challenges of today's market, those challenges do not lessen the impact of new residential development on Frederick County roadways. The results of the TIA's study of the intersection with Route 7 do not alleviate my concerns about the impacts to Route 7 as it approaches I-81. Due to the distances involved, it was deemed excessive to have this development scope their traffic impacts that far. However, it is clear from what is being proposed that that congested area is where the residents of this development will need to go for goods and services, thus adding to a traffic situation that is already unacceptable. Please consider this issue when reviewing the points above. The Applicant's transportation program is insufficient in addressing the transportation impacts of the project and furthering the goals of the Comprehensive Plan. Rezoning #12-07 — Opequon Crossing October 5, 2009 Page 11 B. Sewer and Water The Opequon Crossing rezoning proposal is estimated to require approximately 65,000 gallons per day of water usage and approximately 65,000 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. 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 155 single family homes will yield 26 high school students, 20 middle school students, 36 elementary school students; and 170 townhouses will yield 16 high school students, 16 middle school students, and 32 elementary school students, which totals 146 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. 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 DIM projects that, on average, residential development has a negative fiscal impact on the County's capital expenditures, as such, all rezoning petitions with a residential component submitted after July 1, 2009 will be expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: Single family dwelling unit $21,664 Town home dwelling unit $15,441 Apartment dwelling unit $13,005 The Applicant has proffered the appropriate amount per single family detached dwelling unit and per single family attached townhouse dwelling unit. 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 8-262). i 0 Rezoning #12-07 — Opequon Crossing October 5, 2009 Page 12 5) Proffer Statement — Dated April 10, 2007; Last revised September 24, 2009 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 Opequon Crossing 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. B) Land Use The applicants have proffered to limit to the total number and type of residential units to allow up to 325 single family attached and single family detached dwelling units. Up to 170 single family attached townhouse units would be permitted. Multi family dwelling units are prohibited. The applicant has proffered a phased introduction of the residential units over a minimum three year period from the date of final rezoning with the potential for up to 109 units per year. Staff note: This phased approach does very little to realistically address the intent of phasing 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 and enable the construction of a smaller number of units. 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. Recognition of recently approved projects in the vicinity of this proposal should also be considered when evaluating the phased inclusion of new residential units into this area of the community. C) Transportation The Applicant has proffered the reservation of an 80 foot wide reserve area for the future dedication of an 80 foot right of way within the property to accommodate the future construction, by others, of the Valley Mill Road relocated major collector road. The Applicant has proffered the construction of two lanes of the maj or collector road from point A to point B on the GDP for a distance of approximately 400 feet, prior to the 100th building permit. The Applicant has proffered $1,000 per single family attached dwelling and $2,000 per single family detached dwelling that are to be utilized for road improvements to alleviate transportation problems in the general vicinity of the property. Please note that this monetary contribution is even less than it was when this request was originally submitted in 2007. At that time the contribution was $3,000 and $5,000 respectively. The Applicant has proffered that no building permits will be issued for the property until such time that the property has access to Route 7 via the future Haggerty transportation network. 0 0 Rezoning #12-07 — Opequon Crossing October 5, 2009 Page 13 D) Recreational Facility The Applicant has proffered to design and build a recreation building in this project. Please recognize that no definition of what the building is, or design depicting the recreational building, has been provided. Past experiences would indicate the importance of being more specific in this regard. Recreational units may be required by ordinance based upon the ultimate housing types utilized in this project. E) Monetary Contribution The Applicant has proffered a total of $21,664 per single family detached dwelling unit and $15,441 per single family attached townhouse dwelling unit to offset the capital costs associated with this request. STAFF CONCLUSIONS FOR 10/21/09 PLANNING COMMISSION MEETING: The Opequon Crossing 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. 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. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA L To be completed by Planning Staff Fee Amount Paid $ �� l�� � • v0 Zoning Amendment Number Date Received PC Hearing Date 1; 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 c/o Patrick Sowers Address: 117 East Piccadilly Street Winchester, Virginia 22601 • 2. Property Owner (if different than above) Telephone: (540) 667.2139 Name: The Canyon c/o Dave Holliday Telephone: (540) 667-2120 Address: 420 Jubal Early Dr, Suite 103 Winchester, VA 22601 3. Contact person(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 • 1 • 5. The Code of Virilinia 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: The Canyon, LC David B. Holliday 6. A) Current Use of the Property: Agricultural/Vacant B) Proposed Use of the Property: Residential 7. Adjoining Property: SEE ATTACHED. 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The Property is located South of the existing terminus of Eddys Lane (Rt 820) approximately 2,400 feet South of Route 7 and 1,650 West of Opequon Creek. • 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-210 Districts Magisterial: Fire Service: Rescue Service: Red Bud Greenwood Greenwood High School: Middle School: Elementary School: Millbrook James Wood Redbud Run 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 70.15 RA RP 70.15 Total acreage to be rezoned • 2 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 155 Towi-flhome 170 Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Office Retail Restaurant 12. Signature: Square Footage of Proposed Uses Service Station Manufacturing Flex - Warehouse Other I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. • I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. • I (we) hereby certify that this application and its ace mpanying materials are true and accurate to the best of my (our) know-ll dge. Applicant(s) G�--.-..� — i_.:�-(— Date `z-; `, �-�'_ 3 u • 0 Adjoining Property Owners — Opequon Crossing • Owners of property adjoining the land will be notified of the Plamling Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: Toll VA IV LP 21630 Ridgetop Cir Ste 130 Property #: 55-A-209 Dulles, VA 20166 Name: Toll VA IV LP 21630 Ridgetop Cir Ste 130 Property#: 55-A-211 Dulles, VA 20166 Name: Alicia F. Grey 1201 Bonaventure Ave Property#: 55-4-4A Green Cove Springs, FL 32043 Name: The Canyon, LC 420 W Jubal Early Dr Ste 103 Property#: 55-A-212 Winchester, VA 22601 Name: Valley Mill Farm LC 8705 C Street Property #: 55-A-165D Chesapeake Beach, MD 20732 Name: Arcadia Development Co. P.O. Box 5368 Property #: 55-A-181 San Jose, CA 95150 Name: Property#: Name: Property#: Name: Property #: Name: Property#: Name: Property#: Name: Property#: Name: Property #: Name: Property #: 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) The Canyon, LC (Phone) 540.667.2139 (Address) 420 Jubal Early Drive Suite 130 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 Tax Map Parcel 55-A-210 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 Oddress) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signea, or um„ 1L ,b L)««, W13� modified. .._ __....__ 11_,..., V , 1.a.1P hP,•Prn set my (ou.EYhand and seal this 5 ' day of I� e,., ; 200 , State of Virginia, City/County of 1 l Jv ����Y ,.t a Notary Public in and for the jurisdiction aforesaid, c rtify that the person(s) who signed to the foregoing instrument personally appeared �efore me and has acknowledged the same before me in the jurisdiction aforesaid this ?>' day of lk�c nb,?;; 200 . � \�� My Commission Expires: Ash P ibl,iJ j (0 j 3 • • 0 E Frederick County, Virginia REZONING APPLICATION MATERIALS FOR REVIEW AND APPROVAL OF THE OPE QUON CROSSING Red Bud Magisterial District Revised September 2009 Prepared by: Patton Harris Rust & Associates 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2139 Fax:540-665-0493 PR+AH 0 • w AMENDMENT 1739 Action: PLANNING COMMISSION: October 21, 2009 - Reconunended Approval BOARD OF SUPERVISORS: November 18, 2009 U APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 412-07 OF OPEQUON CROSSING WHEREAS, Rezoning 912-07 of Or ecquou Crossing, submitted by Patton Har-is Rust & Associates, to rezone 70.15 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers dated April 10, 2007, last revised on November 18, 2009, for up to 325 single family attached and detached residential units, was considered. The property is located south of the existing terminus of Eddy's Lane (Route 820), approximately 2,400 feet south of Route 7 and 1,650 feet west of Opequon Creek, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-210. WHEREAS, the Planning Commission held a public hearing on this rezoning on October 21, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 18, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 70.15 acres from RA (Rural Areas) District to RP (Residential Performance) District, for up to 325 single family attached and detached residential units. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRES#44-09 This ordinance shall be in effect on the date of adoption. Passed this 18th day of November, 2009 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye PDRES#44-09 Gary A. Lofton Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye A COPY ATTEST Jobm- .Riley, Jr. ` — Frederick County Administrator 0 E PROPOSED PROFFER STATEMENT REZONING: RZ. # /1� - 67 Rural Areas (RA) to Residential Performance (RP) PROPERTY: 70.15 +/- Tax Map Parcel 55-A-210 (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Opequon Crossing ORIGINAL DATE OF PROFFERS: April 10, 2007 REVISION DATE(S): 6/28/07; 8/27/07; 10/10/07; 6/16/08; 11/16/08; 12/5/08; 2/23/09; 9/24/09; 11/9/09 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 or submitted, 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 the rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affiinied 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 tei7n "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, Opequon Crossing" dated April 10, 2007 revised November 9, 2009 (the "GDP"), and shall include the following: Page 1 of 8 • 1. LAND USE 1.1 No more than 325 dwelling units shall be constructed on the property. A maximum of 170 of the residential dwelling units constructed on the Property may be single family attached dwelling units. Multi -family dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial conformance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS. 2.1 Construction of the 325 residential dwelling units shall be phased over a three-year period commencing with the date of approval for the Final Master Development Plan. The Applicant shall not make application for more than 109 building permits for residential dwelling units for each 12 month period following the date of approval for the Final Master Development Plan. 2.3 The above referenced phasing limitations shall be cumulative. Notwithstanding anything 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. PARKS AND RECREATION: 3.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 50t" building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-64 of the Frederick County Code. The recreation center shall be a minimum of 3,000 square feet in size. Additionally, the Applicant shall construct neighborhood swinuning pools with a minimum surface area of 3,500 square feet. The swinuming pools shall be constructed concurrent with construction of the community center and shall be permitted to count towards the recreation requirements for the Property as required by the Frederick County Zoning Ordinance. Other recreation ameiuties shall be further defined at time of Master Development Plan. 3.2 The Applicant shall contribute to the County the sum of $1,970 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 8 3.3 The Applicant shall contribute to the County the sum of $1,507 per single family attached unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 3.4 The recreation building shall be owned and maintained by the homeowners association ("HOA") for the Property. 3.5 Use of the recreation building shall be made available to the residents of the adjacent Haggerty Property Subdivision provided the residents contribute on a pro rata basis toward operation and maintenance of the facility. 3.6 A trail system utilizing a 10' wide asphalt surface constructed to VDOT standards shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail system shall be provided, at minimum, along the proposed East-West Collector Road provided per Proffer 9.2 as well as the extension of Eddys Lane to connect with the adjacent Twin Lakes development to the South and shall be installed concurrent with construction of those roadways and also along the internal collector roadway to the Western Property boundary as depicted on the GDP. The HOA shall be responsible for the ownership and maintenance of the trail system. Public access easements shall be provided for the trail system to allow use of the trail system to the general public. FIRE & RESCUE: 4.1 The Applicant shall contribute to the County the stun of $713 per single family detached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the County the sum of $529 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOL CONSTRUCTION: 5.1 The Applicant shall contribute to the County the sum of $18,494 per single family detached dwelling unit for school purposes, payable upon the issuance of a building permit for each single farnily detached unit. 5.2 The Applicant shall contribute to the County the sum of $13,033 per single family attached dwelling unit for school purposes, payable upon the issuance of a building pen -nit for each single family attached unit. Page 3 of 8 6. LIBRARY: 6.1 The Applicant shall contribute to the County the sum of $487 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 the sum of $372 per single family attached dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. 7. CREATION OF HOMEOWNERS' ASSOCIATION: 7.1 The residential development shall be made subject to an HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including but not limited to the recreation building, excluding any conservation areas that may be established in accordance herewith which are specifically dedicated to Frederick County (the "County") or others. For each area subject to their jurisdiction, the HOA shall be granted such responsibilities, duties and powers as are customary for such associations or as may be required for such HOA herein. 7.2 In addition to such other duties and responsibilities as may be assigned, the HOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use including storrnwater management facilities, (ii) common buffer areas located outside of residential lots; (iii) establishing and managing a conmion solid waste disposal program; (iv) responsibility for the perpetual maintenance of any 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. 7.3 The Applicants hereby proffer to establish a start-up field for the Opequon Crossing Homeowner's Association (OCHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant prior to the initial closing for any platted lot purchased and an additional payment of $100.00 by the homeowners at the initial closing for each platted lot purchased within the Opequon Crossing community. Language will be incorporated into the OCHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the OCHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCHOA. The start-up funds for the OCHOA 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 8. WATER & SEWER: 8.1 The Applicant shall be responsible for comlectiog the Property to public water and sewer, and for constructing all facilities required for such comlection. All water and sewer infiastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA"). 9. TRANSPORTATION: 9.1 The Applicant hereby proffers $1000.00 per single family attached dwelling unit and $2000.00 per single family detached dwelling unit in monetary contributions that are to be utilized for design and construction of road improvements to alleviate transportation problems in the general vicinity of the Property. It is expressly understood that the County may be applying to VDOT for revenue sharing funds and that any monies paid may be utilized by the County for that purpose. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. 9.2 Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate 80 feet of right of way in conformance with the location depicted on the GDP from Point A to Point C for the future relocation of Valley Mill Road. The dedicated right of way width may increase to up to 120 feet where necessary to accommodate turn lanes and/or pedestrian accommodations as determined by VDOT and Frederick County. The aligiunent of the right of way dedication area shall be in accordance with the plamied aligmment of future Valley Mill Road Per the Frederick County Eastern Road Plan. Prior to issuance of the 100t' building permit, the Applicant shall construct the southern two lanes of a U41) roadway from Point A to Point B as depicted on the GDP. 9.3 The Applicant shall dedicate sufficient right of way and construct Eddys Lane to VDOT requirements from the north Property boundary to the south Property boundary as depicted on the GDP from Point A to Point D. Said comlection shall be made prior to issuance of the 50"' building permit. Page 5 of 8 0 • 9.4 No building per7rits shall be issued for the Property until such time that the Property has access to Route 7 via the future Haggerty Transportation Network as identified on the GDP. In order to connect with the Haggerty Transportation Network, the Applicant shall dedicate 80 feet of right of way and construct the Southern two lanes of a U41) roadway to connect from the extension of Eddys Lane to the Eastern Property Line as depicted on the GDP. The right of way width may increase to up to 100 feet to accommodate turn lanes as determined by VDOT. Additionally, no building permits shall be issued for the Property until such time that the Haggerty "Spine" Road has been completed to the Southern property line of the adjacent Haggerty Property per Proffer 13.2 for RZ #04-07, "Haggerty Property" as approved by Frederick County on July 25, 2007. Additionally, no building permits shall be issued for the Property until such time that the following improvements are constructed at the intersection of Route 7 and the Haggerty "Spine" Road: signalization, Westbound lanes — 1 left, 2 thru, Eastbound lanes 1 right, 2 thrrr, Northbound lanes — 1 left, 1 right. 9.5 The Applicant shall provide a reserve area that is a maximum of 56 feet in width for a potential future confection between the Property and the adjacent Fieldstone Development to the West. It is expressly understood by the Applicant that approved plans for the Fieldstone Development include no provisions for an interparcel connector and use of the potential interparcel confection area would be at the discretion of the owners of the Fieldstone Development. Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in conformance with the location depicted on the GDP. (See 1 on GDP) 10. HISTORIC RESOURCES: 10.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Infonmation Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. 10.2 The Applicant shall provide a landscape screen along the Northern Property boundary in the location identified as "Double Row of Evergreen Trees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 feet in width utilizing a double row of evergreen trees that are a minimum 4 feet in height at time of planting with a minimum 3 trees provided per 10 linear feet. Said improvements shall be bonded or installed prior to issuance of a certificate of occupancy for any dwellings within the vicinity of the northern property boundary. Page 6of8 11. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: 11.1 Any portion of the Property may hereafter be dedicated for public street purposes (or otherwise conveyed to a public entity) and such portion so dedicated shall, upon such dedication, be excluded fiom the terns 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. 12. ESCALATOR CLAUSE: 12.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval of this rezoning, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index (CPI-U") published by the United States Department of Labor, such that at the time of 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. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) Page 7 of 8 0 9 Respectfully submitted, The Canyon, LC Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instnu elit was aclaiowJledged before me this �Itf' day of �i;qca���e_,,— ,2009,by I aJ j, 1 i�ol J My conunission expires: I C _Z'i -1 I Notary Public ( C __?' - L r_ 4L_____ 1' fk3(0 3?-- > Page 8 of 8 0 • is • PROPOSED PROFFER STATEMENT REZONING: RZ. 8 Rural Areas (RA) to Residential Performance (RP) PROPERTY: 70.15 +/- Tax Map Parcel 55-A-210 (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Opequon Crossing ORIGINAL DATE OF PROFFERS: April 10, 2007 REVISION DATE(S): 6/28/07; 8/27/07; 10/10/07; 6/16/08; 11/16/08; 12/5/08; 2/23/09; 9/24/09: 1 1 /9/09 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 or submitted, 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 the rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the `Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Opequon Crossing" dated April 10, 2007 revised November 9, 2009 (the "GDP"), and shall include the following: Pagel of 8 Deleted: September 15 1. LAND USE 1.1 No more than 325 dwelling units shall be constructed on the property. A maximum of 170 of the residential dwelling units constructed on the Property may be single family attached dwelling units. Multi -family dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial conformance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS. 2.1 Construction of the 325 residential dwelling units shall be phased over a three-year period commencing with the date of�ipnoval Ior the Final Master Development Plan. The Applicant shall not make application for more than 109 building permits for residential dwelling units for each 12 month period following the;late of approval tier the Final Master Development Plan. 2.3 The above referenced phasing limitations shall be cumulative. Notwithstanding anything 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. PARKS AND RECREATION: 3.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the "building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-64 of the Frederick County Code. The recreation center shall be a mininwm of 3.000 square leet in size. Additionally, the Applicant shall consU'uct neighborhood swinurlin( pools with a minimum surface area of 3,500 square feet. The swimmin,, pools shall be constructed concurrent With consU'uction of the community center and shall be permitted to count towards the recreation requirements for the Property as required by the Frederick County Zonin<( Ordinance. Other recreation amenities shall be further defined at time of Master Development Plan. 3.2 The Applicant shall contribute to the County the sum of $1,970 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 8 • Deleted: final rezoning (DFR) Deleted: DFR i Deleted: 150" � 3.3 The Applicant shall contribute to the County the sum of $1,507 per single family attached unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 3.4 The recreation building shall be owned and maintained by the homeowners association ("HOA") for the Property. 3.5 Use of the recreation building shall be made available to the residents of the adjacent Haggerty Property Subdivision provided the residents contribute on a pro rata basis toward operation and maintenance of the facility. 3.6 A trail system utilizing a 10' wide asphalt surface constructed to VDOT standards shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail system shall be provided, at minimum, along the proposed East-West Collector Road provided per Proffer 9.2 as well as the extension of Eddys Lane to connect with the adjacent Twin Lakes development to the South and shall be installed concurrent with construction of those roadways and also alon<, the internal collector roadway to the Western Property boundary as depicted on the GDP. The HOA shall be responsible for the ownership and maintenance of the trail system. Public access easements shall be provided for the trail System to allow use of the trail system to the general public. FIRE & RESCUE: 4.1 The Applicant shall contribute to the County the sum of $713 per single family detached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the County the sum of $529 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. SCHOOL CONSTRUCTION: 5.1 The Applicant shall contribute to the County the sum of $18,494 per single family detached dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. 5.2 The Applicant shall contribute to the County the sum of $13,033 per single family attached dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. Page 3 of 8 0 Ll 0 6. LIBRARY: 6.1 The Applicant shall contribute to the County the sum of $487 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 the sum of $372 per single family attached dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. CREATION OF HOMEOWNERS' ASSOCIATION: 7.1 The residential development shall be made subject to an HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including but not limited to the recreation building, excluding any conservation areas that may be established in accordance herewith which are specifically dedicated to Frederick County (the "County") or others. For each area subject to their jurisdiction, the HOA shall be granted such responsibilities, duties and powers as are customary for such associations or as may be required for such HOA herein. 7.2 In addition to such other duties and responsibilities as may be assigned, the HOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use including stormwater management facilities, (ii) common buffer areas located outside of residential lots; (iii) establishing and managing a common solid waste disposal program; (iv) responsibility for the perpetual maintenance of any 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 40 granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 7.3 The Applicants hereby proffer to establish a start-up fimd for the Opequon Crossing Homeowner's Association (OCHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant prior to the initial closing for any platted lot purchased and an additional payment of $100.00 by the homeowners at the initial closing for each platted lot purchased within the Opequon Crossing community. Language will be incorporated into the OCHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the OCHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCHOA. The start-up funds for the OCHOA 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 4of8 • 0 E 11 WATER & SEWER: 8.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA"). TRANSPORTATION: 9.1 The Applicant hereby proffers $1000.00 per single family attached dwelling unit and $2000.00 per single family detached dwelling unit in monetary contributions that are to be utilized for design and construction of road improvements to alleviate transportation problems in the general vicinity of the Property. It is expressly understood that the County may be applying to VDOT for revenue sharing finds and that any monies paid may be utilized by the County for that purpose. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. 9.2 Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate 80 feet of right of way in conformance with the location depicted on the GDP from Point A to Point C for the future relocation of Valley Mill Road. The dedicated right of way width may increase to up to 120 feet wher Fnecessary to accommodate turn lanes and/or pedestrian accommodations as determined by NrDOT and Frederick Count-. The alignment of the right of way dedication area shall be in accordance with the planned alignment of future Valley Mill Road Per the Frederick County Eastern Road Plan. Prior to issuance of the 100" building permit, the Applicant shall construct the southern two lanes of a U4D roadway from Point A to Point B as depicted on the GDP. 9.3 The Applicant shall dedicate sufficient right of way and construct Eddys Lane to VDOT requirements from the north Property boundary to the south Property boundary as depicted on the GDP from Point A to Point D. Said connection shall be made prior to issuance of the 50"' building permit. Page 5 of 8 Deleted: ioo Deleted: 9.4 No building permits shall be issued for the Property until such time that the Property has access to Route 7 via the future Haggerty Transportation Network as identified on the GDP. In order to connect with the Haggerty Transportation Network, the Applicant shall dedicate 80 feet of right of way and construct the Southern two lanes of a U413 roadway to connect from the extension of Eddys Lane to the Eastern Property Line as depicted on the GDP. The right of way width may increase to up to 100 feet to accommodate turn lanes as determined by VDOT. Additionally, no building permits shall be issued for the Property until such time that the Haggerty "Spine" Road has been completed to the Southern property line of the adjacent Haggerty Property per Proffer 13.2 for RZ 904-07, "Haggerty Property" as approved by Frederick County on July 25, 2007. Additionally, no building permits shall be issued for the Property until such time that the following improvements are constructed at the intersection of Route 7 and the Haggerty "Spine" Road: signalization, Westbound lanes — I left, 2 thru, Eastbound lanes 1 right, 2 thru, Northbound lanes — 1 left, I right. 9.5 The Applicant shall provide a reserve area that is a maximum of, O feet in DeI.t.d.54 width for a potential future connection between the Property and the adjacent Fieldstone Development to the West. It is expressly understood by the Applicant that approved plans for the Fieldstone Development include no provisions for an interparcel connector and use of the potential interparcel connection area would be at the discretion of the owners of the Fieldstone Development. Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in conformance with the location depicted on the GDP. (See 1 on GDP) 10. HISTORIC RESOURCES: 10.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. 10.2 The Applicant shall provide a landscape screen along the Northern Property boundary in the location identified as "Double Row of Evergreen Trees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 feet in width utilizing a double row of evergreen trees that are a minimum 4 feet in height at time of planting with a minimum 3 trees provided per 10 linear feet. Said improvements shall be bonded or installed prior to issuance of a certificate of occupancy for any dwellings within the vicinity of the northern property boundary. Page 6 of 8 0 H. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: 11.1 Any portion of the Property may hereafter be dedicated for public street purposes (or otherwise conveyed to a public entity) and such portion so dedicated 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. 12. ESCALATOR CLAUSE: 12.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval of this rezoning, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index (CPI-U") published by the United States Department of Labor, such that at the time of 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. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) • Page 7 of 8 0 Respectfully submitted, The Canyon, LC M Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this of 2009, by My commission expires: Notary Public (a 0 Page 8 of 8 day BLUE RIDGE MII � 4 4 FUTURE VALLEY MILL C❑NNECTI❑N VALLEY MILL ABRAMS , D❑UBL ROW OW EVERGREEN OF C ° oo°OOO° oo°00000000000000000o aoo 00000 000000000000000 0000 00 = I HIKER/ PROJECT TRAIL r r' SITE ' 9 PR❑P❑SE>?-4ZECREATI❑N�� CENTER LOCATIBN_ , C❑NNECTI❑N WITH \/ TWIN LAKES PROPERTY TWIN LA 00 On SRO R/W RESERVE A FOR FUTUR VALLEY MILL D C❑NNECTI❑N ' C❑NST CT 2 LANES OF A EAS EST COLLECTOR -EDDYS LANE (, I CONNECTION �v T� 4 HAGGERTY / CONNECTION HAGGERTY �I ■ FWSA OPE UON TP HAGGERTY -TRANSPORTATION NETWORK,.r- - Patton H a r r i s Rust & Associates GENERALIZED DEVELOPMENT PLAN Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 + Winchester, Virginia 22601 O p e q u o n Crossing T 540.667.2139 F 540.665.0493 DATE: 4/10/07 REV: 11/9/091 i SCALE: 1" = 700' 0 0 0 PROPOSED PROFFER STATEMENT REZONING: RZ. # Rural Areas (RA) to Residential Perforinance (RP) PROPERTY: 70.15 +/- Tax Map Parcel 55-A-210 (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Opequon Crossing ORIGINAL DATE OF PROFFERS: April 10, 2007 REVISION DATE(S): 6/28/07; 8/27/07; 10/10/07; 6/16/08; 11/16/08; 12/5/08; 2/23/09; 9/24/09; 11/9/09 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 or submitted, 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 the rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the terrn rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Opequon Crossing" dated April 10, 2007 revised November 9, 2009 (the "GDP"), and shall include the following: Page 1 of 8 • 9 1. LAND USE 1.1 No more than 325 dwelling units shall be constructed on the property. A maximum of 170 of the residential dwelling units constructed on the Property may be single family attached dwelling units. Multi -family dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial confonnance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS. 2.1 Construction of the 325 residential dwelling units shall be phased over a three-year period commencing with the date of approval for the Final Master Development Plan. The Applicant shall not make application for more than 109 building permits for residential dwelling units for each 12 month period following the date of approval for the Final Master Development Plan. 2.3 The above referenced phasing limitations shall be cumulative. Notwithstanding anything 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. PARKS AND RECREATION: 3.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 50"' building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-64 of the Frederick County Code. The recreation center shall be a minimum of 3,000 square feet in size. Additionally, the Applicant shall construct neighborhood swimming pools with a minimum surface area of 3,500 square feet. The swimming pools shall be constructed concurrent with constriction of the community center and shall be permitted to count towards the recreation requirements for the Property as required by the Frederick County Zoning Ordinance. Other recreation amenities shall be further defined at time of Master Development Plan. 3.2 The Applicant shall contribute to the County the sum of $1,970 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2of8 • 0 3.3 The Applicant shall contribute to the County the sum of $1,507 per single family attached unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 3.4 The recreation building shall be owned and maintained by the homeowners association ("HOA") for the Property. 3.5 Use of the recreation building shall be made available to the residents of the adjacent Haggerty Property Subdivision provided the residents contribute on a pro rata basis toward operation and maintenance of the facility. 3.6 A trail system utilizing a 10' wide asphalt surface constructed to VDOT standards shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail system shall be provided, at minimum, along the proposed East-West Collector Road provided per Proffer 9.2 as well as the extension of Eddys Lane to connect with the adjacent Twin Lakes development to the South and shall be installed concurrent with construction of those roadways and also along the internal collector roadway to the Western Property boundary as depicted on the GDP. The HOA shall be responsible for the ownership and maintenance of the trail system. Public access easements shall be provided for the trail system to allow use of the trail system to the general public. • FIRE & RESCUE: • 4.1 The Applicant shall contribute to the County the sum of $713 per single family detached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the County the stun of $529 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOL CONSTRUCTION: 5.1 The Applicant shall contribute to the County the sum of $18,494 per single family detached dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. 5.2 The Applicant shall contribute to the County the sum of $13,033 per single family attached dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. Page 3 of 8 0 � 0 6. LIBRARY: 6.1 The Applicant shall contribute to the County the sum of $487 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 the sum of $372 per single family attached dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. 7. CREATION OF HOMEOWNERS' ASSOCIATION: 7.1 The residential development shall be made subject to an HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including but not limited to the recreation building, excluding any conservation areas that may be established in accordance herewith which are specifically dedicated to Frederick County (the "County") or others. For each area subject to their jurisdiction, the HOA shall be granted such responsibilities, duties and powers as are customary for such associations or as may be required for such HOA herein. 7.2 In addition to such other duties and responsibilities as may be assigned, the HOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use including stonnwater management facilities, (ii) common buffer areas located outside of residential lots; (iii) establishing and managing a common solid waste disposal program; (iv) responsibility for the perpetual maintenance of any 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. 7.3 The Applicants hereby proffer to establish a start-up fiord for the Opequon Crossing Homeowner's Association (OCHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant prior to the initial closing for any platted lot purchased and an additional payment of $100.00 by the homeowners at the initial closing for each platted lot purchased within the Opequon Crossing community. Language will be incorporated into the OCHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the OCHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCHOA. The start-up funds for the OCHOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, 0 and property management and/or legal fees. Page 4of8 0 0 8. WATER & SEWER: 8.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such cormection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA"). 9. TRANSPORTATION: 9.1 The Applicant hereby proffers $1000.00 per single family attached dwelling unit and $2000.00 per single family detached dwelling unit in monetary contributions that are to be utilized for design and construction of road improvements to alleviate transportation problems in the general vicinity of the Property. It is expressly understood that the County may be applying to VDOT for revenue sharing fiends and that any monies paid may be utilized by the County for that purpose. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. 9.2 Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate 80 feet of right of way in conformance with the location depicted on the GDP from Point A to Point C for the future relocation of Valley Mill Road. The dedicated right of way width may increase to up to 120 feet where necessary to accommodate turn lanes and/or pedestrian accommodations as determined by VDOT and Frederick County. The aligrnent of the right of way dedication area shall be in accordance with the planned alignment of fixture Valley Mill Road per the Frederick County Eastern Road Plan. Prior to issuance of the 100`, building permit, the Applicant shall construct the southern two lanes of a U41) roadway from Point A to Point B as depicted on the GDP. 9.3 The Applicant shall dedicate sufficient right of way and construct Eddys Lane to VDOT requirements from the north Property boundary to the south Property boundary as depicted on the GDP from Point A to Point D. Said connection shall be made prior to issuance of the 50'h building permit. Page 5 of 8 9.4 No building permits shall be issued for the Property until such time that the Property has access to Route 7 via the future Haggerty Transportation Network as identified on the GDP. In order to connect with the Haggerty Transportation Network, the Applicant shall dedicate 80 feet of right of way and construct the Southern two lanes of a U41) roadway to connect from the extension of Eddys Lane to the Eastern Property Line as depicted on the GDP. The right of way width may increase to up to 100 feet to accommodate turn lanes as determined by VDOT. Additionally, no building permits shall be issued for the Property until such time that the Haggerty "Spine" Road has been completed to the Southern property line of the adjacent Haggerty Property per Proffer 13.2 for RZ #04-07, "Haggerty Property" as approved by Frederick County on July 25, 2007. Additionally, no building permits shall be issued for the Property until such time that the following improvements are constructed at the intersection of Route 7 and the Haggerty "Spine" Road: signalization, Westbound lanes — 1 left, 2 thru, Eastbound lanes 1 right, 2 thru, Northbound lanes — 1 left, 1 right. 9.5 The Applicant shall provide a reserve area that is a maximum of 56 feet in width for a potential future connection between the Property and the adjacent Fieldstone Development to the West. It is expressly understood by the Applicant that approved plans for the Fieldstone Development include no provisions for an interparcel connector and use of the potential interparcel connection area would be at the discretion of the owners of the Fieldstone Development. Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in conformance with the location depicted on the GDP. (See 1 on GDP) 10. HISTORIC RESOURCES: 10.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. 10.2 The Applicant shall provide a landscape screen along the Northern Property boundary in the location identified as "Double Row of Evergreen Trees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 feet in width utilizing a double row of evergreen trees that are a minimum 4 feet in height at time of planting with a minimum 3 trees provided per 10 linear feet. Said improvements shall be bonded or installed prior to issuance of a certificate of occupancy for any dwellings within the . vicinity of the northern property boundary. Page 6of8 0 11. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: L� 11.1 Any portion of the Property may hereafter be dedicated for public street purposes (or otherwise conveyed to a public entity) and such portion so dedicated 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 frill force and effect of these proffers. 12. ESCALATOR CLAUSE: 12.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval of this rezoning, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index (CPI-U") published by the United States Department of Labor, such that at the time of 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. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) Page 7 of 8 0 Respectfully submitted, The Canyon, LC Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instnu ent was acknowledged before me this �I�`' day of (�;;��2:,�����" 2009, by>J �� L� l ���i<1, �`L C; My conunission expires: Notary Public "(.t2� /QI�-� �----�� 1 ec,'ff_ 3(03s3 Li U Page 8 of 8 31U1: RIDGE M I I FUTURE VALLEY MILL C❑NNECTI❑N O \ �0 P VALLEY MILL AHRAMS R/W RESERVE A D❑UBL ROW OF VALLEY MILL EVERGREEN TREES , CONST C C A EAS E / '�� �� 000 0000000 00000000 0 0 0 0 0 ooa 0000000 00000c ° ES ,yam VA 0 id FOR FUTUR D C❑NNECTI❑N T 2 LANES ❑F fn COLLECTOR $' f —EDDYS LANE CONNECTION �HAGGERTY i C❑NNECTI❑N HIKER/ BIKE PROJECT TR IL SITE ' PR❑POS CREATIDN� / r CENTERELOCATIC� ,' HAGGERTY CONNECTION WITH I TWIN LAKES PROPERTY TWIN LA Rej ■ �1 FWSA OPE UON W TP HAGGERTY �—TRANSPORTATION NETWORK\, / Patton H a r r i s Rust & Associates GENERALIZED DEVELOPMENT PLAN Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 O p e q u o n Crossing T 540,667,2139 F 540.665.0493 DATE: 4/10/07 REV: 11/9/09 1 SCALE: 1" = 700' • PROPOSED PROFFER STATEMENT REZONING: RZ. # Q `d Rural Areas (RA) to Residential Performance (RP) PROPERTY: 70.15 +/- Tax Map Parcel 55-A-210 (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Opequon Crossing ORIGINAL DATE OF PROFFERS: April 10, 2007 REVISION DATE(S): 6/28/07; 8/27/07; 10/10/07; 6/16/08; 11/16/08; 12/5/08; 2/23/09; 9/24/09 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 or submitted, 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 the rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. E 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, Opequon Crossing" dated April 10, 2007 revised September 15, 2009 (the "GDP"), and shall include the following: Page 1 of 8 • 1. LAND USE 1.1 No more than 325 dwelling units shall be constructed on the property. A maximum of 170 of the residential dwelling units constructed on the Property may be single family attached dwelling units. Multi -family dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial conforinance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS. 2.1 Construction of the 325 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 109 building pen -nits for residential dwelling units for each 12 month period following the DFR. 2.3 The above referenced phasing limitations shall be cumulative. . Notwithstanding anything 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. PARKS AND RECREATION: 3.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 150t" building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-64 of the Frederick County Code. Other recreation amenities shall be further defined at time of Master Development Plan. 3.2 The Applicant shall contribute to the County the sum of $1,970 per single- farnily detached unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family detached unit. 3.3 The Applicant shall contribute to the County the sum of $1,507 per single family attached unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. • 3.4 The recreation building shall be owned and maintained by the homeowners association ("HOA") for the Property. Page 2 of 8 • 3.5 Use of the recreation building shall be made available to the residents of the adjacent Haggerty Property Subdivision provided the residents contribute on a pro rata basis toward operation and maintenance of the facility. 3.6 A trail system utilizing a 10' wide asphalt surface constructed to VDOT standards shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail system shall be provided, at minimum, along the proposed East-West Collector Road provided per Proffer 9.2 as well as the extension of Eddys Lane to connect with the adjacent Twin Lakes development to the South and shall be installed concurrent with construction of those roadways. FIRE & RESCUE: 4.1 The Applicant shall contribute to the County the sum of $713 per single family detached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the County the sum of $529 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. • 5. SCHOOL CONSTRUCTION: • 5.1 The Applicant shall contribute to the County the sum of $18,494 per single family detached dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. 5.2 The Applicant shall contribute to the County the sum of $13,033 per single family attached dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARY: 6.1 The Applicant shall contribute to the County the sum of $487 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 the sum of $372 per single family attached dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. Page 3 of 8 u • • 7. CREATION OF HOMEOWNERS' ASSOCIATION: 7.1 The residential development shall be made subject to an HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including but not limited to the recreation building, excluding any conservation areas that may be established in accordance herewith which are specifically dedicated to Frederick County (the "County") or others. For each area subject to their jurisdiction, the HOA shall be granted such responsibilities, duties and powers as are customary for such associations or as may be required for such HOA herein. 7.2 In addition to such other duties and responsibilities as may be assigned, the HOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use including storinwater management facilities, (ii) common buffer areas located outside of residential lots; (iii) establishing and managing a common solid waste disposal program; (iv) responsibility for the perpetual maintenance of any 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. • 7.3 The Applicants hereby proffer to establish a start-up fund for the Opequon Crossing Homeowner's Association (OCHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant prior to the initial closing for any platted lot purchased and an additional payment of $100.00 by the homeowners at the initial closing for each platted lot purchased within the Opequon Crossing community. Language will be incorporated into the OCHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these finds to the OCHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCHOA. The start-up funds for the OCHOA 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. n U 8. WATER & SEWER: 8.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA"). Page 4 of 8 9. TRANSPORTATION: 9.1 The Applicant hereby proffers $1000.00 per single family attached dwelling unit and $2000.00 per single family detached dwelling unit in monetary contributions that are to be utilized for design and constriction of road improvements to alleviate transportation problems in the general vicinity of the Property. It is expressly understood that the County may be applying to VDOT for revenue sharing funds and that any monies paid may be utilized by the County for that purpose. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. 9.2 Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate 80 feet of right of way in conformance with the location depicted on the GDP from Point A to Point C for the future relocation of Valley Mill Road. The dedicated right of way width may increase to up to 100 feet where necessary to accommodate turn lanes as determined by VDOT. The alignment of the right of way dedication area shall be in accordance with the planned alignment of future Valley Mill Road per the Frederick County Eastern Road Plan. Prior to issuance of the 100th building permit, the Applicant shall construct the southern two lanes of a U41) roadway from Point A to Point B as depicted on the GDP. 9.3 The Applicant shall dedicate sufficient right of way and construct Eddys Lane to VDOT requirements from the north Property boundary to the south Property boundary as depicted on the GDP from Point A to Point D. Said connection shall be made prior to issuance of the 50"' building permit. 9.4 No building permits shall be issued for the Property until such time that the Property has access to Route 7 via the future Haggerty Transportation Network as identified on the GDP. In order to connect with the Haggerty Transportation Network, the Applicant shall dedicate 80 feet of right of way and construct the Southern two lanes of a U4D roadway to connect from the extension of Eddys Lane to the Eastern Property Line as depicted on the GDP. The right of way width may increase to up to 100 feet to accommodate turn lanes as determined by VDOT. Additionally, no building permits shall be issued for the Property until such time that the Haggerty "Spine" Road has been completed to the Southern property line of the adjacent Haggerty Property per Proffer 13.2 for RZ #04-07, "Haggerty Property" as approved by Frederick County on July 25, 2007. Additionally, no building permits shall be issued for the Property until such time that the following improvements are constructed at the intersection of Route 7 and the Haggerty "Spine" Road: signalization, Westbound lanes — 1 left, 2 thru, Eastbound lanes 1 right, 2 thru, Northbound lanes — 1 left, 1 right. Page 5 of 8 0 9.5 The Applicant shall provide a reserve area that is a maximum of 54 feet in width for a potential future connection between the Property and the adjacent Fieldstone Development to the West. It is expressly understood by the Applicant that approved plans for the Fieldstone Development include no provisions for an interparcel connector and use of the potential interparcel connection area would be at the discretion of the owners of the Fieldstone Development. Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in conformance with the location depicted on the GDP. (See 1 on GDP) 10. HISTORIC RESOURCES: 10.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. 10.2 The Applicant shall provide a landscape screen along the Northern Property boundary in the location identified as "Double Row of Evergreen Trees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 feet in width utilizing a double row of evergreen trees that are a minimum 4 feet in height at time of planting with a minimum 3 trees provided per 10 linear feet. Said improvements shall be bonded or installed prior to issuance of a certificate of occupancy for any dwellings within the vicinity of the northern property boundary. 11. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: 11.1 Any portion of the Property may hereafter be dedicated for public street purposes (or otherwise conveyed to a public entity) and such portion so dedicated 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. Page 6of8 �I • 12. ESCALATOR CLAUSE: 12.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval of this rezoning, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index (CPI-U") published by the United States Department of Labor, such that at the time of 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. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) Page 7of8 • • • Respectfully submitted, The Canyon, LC By: Title: anager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me thiso1Yl�ay of $E�jp„bN2 , 2009, by �,g u; d li-d I I; d�y My commission expires: ���/z��✓tv a� �U! Notary Public 0 96e . 9-- l 5'7 ql L( 0 Page 8 of 8 PROPOSED PROFFER STATEMENT REZONING: RZ. # Rural Areas (RA) to Residential Performance (RP) PROPERTY: 70.15 +/- Tax Map Parcel 55-A-210 (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Opequon Crossing ORIGINAL DATE OF PROFFERS: April 10, 2007 REVISION DATE(S): 6/28/07; 8/27/07; 10/10/07; 6/16/08; 11/16/08; 12/5/08; 2/23/09; 9/24/09 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 or submitted, 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 the rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the tern rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Opequon Crossing" dated April 10, 2007 revised September 15, 2009 (the "GDP"), and shall include the following: Page 1 of 8 • r: 1. LAND USE 1.1 No more than 325 dwelling units shall be constructed on the property. A maximum of 170 of the residential dwelling units constructed on the Property may be single family attached dwelling units. Multi -family dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial conformance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS. 2.1 Construction of the 325 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 109 building permits for residential dwelling units for each 12 month period following the DFR. 2.3 The above referenced phasing limitations shall be cumulative. Notwithstanding anything 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. PARKS AND RECREATION: 3.1 The Applicant shall design and build a recreation building in the ar ' esignated on the GDP. Said recreation building shall be constructed prior to issuance of the 1500' building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section f 165-64 of the Frederick County Code. Other recreation amenities shall be further defined at time of Master Development Plan. 3.2 The Applicant shall contribute to the County the sum of $1,970 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family detached unit. 3.3 The Applicant shall contribute to the County the sum of $1,507 per single family attached unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 3.4 The recreation building shall be owned and maintained by the homeowners association ("HOA") for the Property. Page 2of8 • 3.5 Use of the recreation building shall be made available to the residents of the adjacent Haggerty Property Subdivision provided the residents contribute on a pro rata basis toward operation and maintenance of the facility. 3.6 A trail system utilizing a 10' wide asphalt surface constructed to VDOT standards shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail system shall be provided, at minimum, along the proposed East-West Collector Road provided per Proffer 9.2 as well as the extension of Eddys Lane to connect with the adjacent Twin Lakes development to the South and shall be installed concurrent with construction of those roadways. FIRE & RESCUE: 4.1 The Applicant shall contribute to the County the sum of $713 per single family detached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the County the sum of $529 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOL CONSTRUCTION: 5.1 The Applicant shall contribute to the County the sum of $18,494 per single family detached dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. 5.2 The Applicant shall contribute to the County the sum of $13,033 per single family attached dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARY: 6.1 The Applicant shall contribute to the County the sum of $487 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 the sum of $372 per single family attached dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. Page 3 of 8 7. CREATION OF HOMEOWNERS' ASSOCIATION: 7.1 The residential development shall be made subject to an HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including but not limited to the recreation building, excluding any conservation areas that may be established in accordance herewith which are specifically dedicated to Frederick County (the "County") or others. For each area subject to their jurisdiction, the HOA shall be granted such responsibilities, duties and powers as are customary for such associations or as may be required for such HOA herein. 7.2 In addition to such other duties and responsibilities as may be assigned, the HOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use including stoirnwater management facilities, (ii) common buffer areas located outside of residential lots; (iii) establishing and managing a common solid waste disposal program; (iv) responsibility for the perpetual maintenance of any 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. 7.3 The Applicants hereby proffer to establish a start-up fund for the Opequon Crossing Homeowner's Association (OCHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant prior to the initial closing for any platted lot purchased and an additional payment of $100.00 by the homeowners at the initial closing for each platted lot purchased within the Opequon Crossing community. Language will be incorporated into the OCHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the OCHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCHOA. The start-up funds for the OCHOA 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. 8. WATER & SEWER: 8.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA"). Page 4of8 9. TRANSPORTATION: 9.1 The Applicant hereby proffers $1000.00 per single family attached dwelling unit and $2000.00 per single family detached dwelling unit in monetary contributions that are to be utilized for design and construction of road improvements to alleviate transportation problems in the general vicinity of the Property. It is expressly understood that the County may be applying to VDOT for revenue sharing fields and that any monies paid may be utilized by the County for that purpose. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. 9.2 Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate 80 feet of right of way ul conformance with the location depicted on the GDP from Point A to Point C for the future relocation of Valley Mill Road. The dedicated right of way width may increase to up to 100 feet where necessary to accommodate turn lanes as determined by VDOT. The aligmnent of the right of way dedication area shall be in accordance with the planned alignment of future Valley Mill Road per the Frederick County Eastern Road Plan. Prior to issuance of the 100th building permit, the Applicant shall construct the southern two lanes of a U41) roadway from Point A to Point B as depicted on the GDP. 9.3 The Applicant shall dedicate sufficient right of way and construct Eddys Lane to VDOT requirements from the north Property boundary to the south Property boundary as depicted on the GDP from Point A to Point D. Said connection shall be made prior to issuance of the 50th building permit. 9.4 No building pen -nits shall be issued for the Property until such time that the Property has access to Route 7 via the future Haggerty Transportation Network as identified on the GDP. Ill order to connect with the Haggerty Transportation Network, the Applicant shall dedicate 80 feet of right of way and construct the Southern two lanes of a U4D roadway to connect from the extension of Eddys Lane to the Eastern Property Line as depicted on the GDP. The right of way width may increase to up to 100 feet to accommodate turn lanes as detennined by VDOT. Additionally, no building permits shall be issued for the Property until such time that the Haggerty "Spine" Road has been completed to the Southern property line of the adjacent Haggerty Property per Proffer 13.2 for RZ #04-07, "Haggerty Property" as approved by Frederick County on July 25, 2007. Additionally, no building pen -nits shall be issued for the Property until such time that the following improvements are constructed at the intersection of Route 7 and the Haggerty "Spine" Road: signalization, Westbound lanes — 1 left, 2 thru, Eastbound lanes 1 right, 2 thru, Northbound lanes — 1 left, 1 right. Page 5 of 8 9.5 The Applicant shall provide a reserve area that is a maximum of 54 feet in width for a potential future connection between the Property and the adjacent Fieldstone Development to the West. It is expressly understood by the Applicant that approved plans for the Fieldstone Development include no provisions for an interparcel connector and use of the potential inteiparcel connection area would be at the discretion of the owners of the Fieldstone Development. Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in conforrrrance with the location depicted on the GDP. (See 1 on GDP) 10. HISTORIC RESOURCES: 10.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. 10.2 The Applicant shall provide a landscape screen along the Northern Property boundary in the location identified as "Double Row of Evergreen Trees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 feet in width utilizing a double row of evergreen trees that are a minimum 4 feet in height at time of planting with a minimum 3 trees provided per 10 linear feet. Said improvements shall be bonded or installed prior to issuance of a certificate of occupancy for any dwellings within the vicinity of the northern property boundary. 11. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: 11.1 Any portion of the Property may hereafter be dedicated for public street purposes (or otherwise conveyed to a public entity) and such portion so dedicated 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. Page 6 of 8 12. ESCALATOR CLAUSE: 12.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval of this rezoning, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index (CPI-U") published by the United States Department of Labor, such that at the time of 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. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) Page 7of8 Respectfully submitted, The Canyon, LC By: c Title: KanaRer STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this Rynay of 5Ej,j?q-Ah2 , 2009, by 7),9y�cl 1-i6 II �`JNV My commission expires: U A teV a g o f P Notary Public / 12re: 9-- /57I?� L( Page 8of8 UE RIDGE MI (P f VALLEY FUTURE VALLEY MILL CONNECTI❑N FNULL O I1rJ `" FWSA R/W RESERVE A FOR FUTU VALLEY MILL D C❑NNECTI❑ D❑UBL ROW OF C❑NST CT 2 LANES OF EVERGREEN TREES , C B _ A EAS EST COLLECTOR /0 0000000 '�-•��' 00000000�.. ... o00000o a: . � EDDYS LANE C❑NNECTI❑N s�. t7 HAGGERTY ��/, ✓' r C❑NNECTI❑N % JA PROJECT SITE PR❑P❑SED--R.ECREATION �, CENTER LOCATIBN___._ J _ CONNECTI❑N WITH TWIN LAKES PROPERTY TWIN LAKES HAGGERTY n IN r HAGGERTY -TRANSP❑RTATI❑N NETWORK,,, Patton H a r r i s Rust & Associates GENERALIZED DEVELOPMENT PLAN Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 PHBA+ Winchester, Virginia 22601 O p e q u o n Crossing T 540.667.2139 F 540.665.0493 DATE: 4/10/07 REV: 9/15/09 1 1 SCALE: 1 " = 700' 0 0 Mike Ruddy From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.Ingram@VDOT.Virginia.gov] Sent: Wednesday, April 18, 2007 9:20 AM To: Patrick R. Sowers Cc: Eric Lawrence; Ingram, Lloyd Subject: The Village at Opequon The documentation within the application to rezone this property appears to have a measurable impact on Routes 820 and 7. These routes are the VDOT roadways which has been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in The Village at Opequon Rezoning Application dated April, 2007 addresses transportation concerns associated with this request. Specifically: * Five of the six transportation proffers reference the closing of Eddy's Lane, Route 820. In Transportation Proffer #12.3, you stipulate the applicant will retain ownership and control of the "reservation parcel". The "reservation parcel" is the access for residents on Route 820 to access Route 7 via Haggerty Boulevard. All of this is based on Route 820 being terminated at Route 659/Route 7. Currently I am unaware of any precedence where VDOT would terminate access from an existing State right-of-way, therefore, requiring affected property owners to cross your private roadway. * Proffer #12.1 in itself will not adequately offset the traffic impacts on the existing roadway that this development would generate. 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 f Eric Lawrence From: Rod Williams Sent: Thursday, September 24, 2009 12:43 PM To: Eric Lawrence Subject: FW: Opequon Crossing Attachments: Opequon Crossing GDP 091509.pdf Eric, I do not see any legal problem with land subject to a rezoning to RP and subject to proffers being noncontiguous. Nothing in our zoning ordinance indicates a contiguity requirement and, to the contrary, the number of other references therein to contiguity requirements implies there is no such requirement for a rezoning to RP (compare, for example, the contiguity requirements for R4, R5, OM, and MS). Along the same, but somewhat different, lines, 165-133 (sorry, don't have the new number in front of me) seems to contemplate common ownership of identically zoned noncontiguous parcels. I'll let Patrick know of my concurrence unless you have other thoughts. O -----Original Message ----- From: Patrick R. Sowers[mailto:Patrick.Sowers@phra.com] Sent: Thursday, September 24, 2009 11:28 AM To: Rod Williams Subject: FW: Opequon Crossing Rod, I wasn't sure if the attached PDF came to you from the e-mail Sheriff Williamson forwarded on. Thanks, Patrick Patrick R. Sowers, AICP 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: Patrick R. Sowers Sent: Thursday, September 24, 2009 11:02 AM To: 'rwilliam@co.frederick.va.us' Subject: Opequon Crossing Rod, As a follow up to my voicemail earlier. Here's the PDF of the propsed Opequon Crossing GDP. We would like to proffer a portion of the adjoining property (known previously as the 1 Haggerty property)`for a park site. So long as the rezoning 0 binding on all the affected acreage ... is it an issue that the two tracts are not contiguous? I did talk to Eric Lawrence a few minutes and we both agreed that so long as the rezoning is binding to all of the property then it should not be an issue. Thanks, Patrick Patrick R. Sowers, AICP Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com <http://www.phra.com/> 2 r a UE RIDGE VA] FUTURE VALLEY MILL CONNECTION O LL I ��-ti R/W RESERVE A FOR FUTU DOUBLE --ROW OF EVERGREEN TREES �� ° 0000000 °-°°°°° 0000�oeooao o °°°°° °° —m i• � , PROJECT SITE PR❑P❑SE1J-4ZECREATION— CENTER L❑CATIBN C❑NNECTION WITH TWIN LAKES PROPERT TWIN LAKES VALLEY MILL D C❑NNECTIO CONST CT 2 LANES OF B EAS EST COLLECTOR 'ek-�—EDDYS LANE fd v HAGGERTY C❑NNECTI❑N GGERTY, 1� FW OPE ON r TP 0 PpMED P AREA (34 ACRES) HAGGERTY TRANSPORTATIDN NETWORK,, Iml Patton H a r r i s Rust & A s s o c i a t e s GENERALIZED DEVELOPMENT PLAN Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 �. Winchester, Virginia 22601 O p e q u o n Crossing T 94O.W7.2139 F 540.665.0493 DATE: 4/10/07 1 REV: 9/15/09 SCALE: 1 " = 700' 0 March 26, 2009 VIA FACSMILE (540-665-0493) AND FIRST-CLASS MAIL Mr. Patrick Sowers Patton Harris Rust & Associates 117 East ic,_adlllf Stii.ot, uitc, LVV Winchester, VA 22601 COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us Re: Opequon Crossing — Proposed Rezoning — Proffer Statement dated February 23, 2009 Dear Patrick: You have submitted to Frederick County for review a proposed proffer statement isdated February 23, 2009 (the "Proffer Statement") for the proposed rezoning of 70.151 acres constituting the Opequon Crossing property (the "Property"), Parcel Identification Number 55-A-210, in the Red Bud Magisterial District, from the RA (Rural Areas) District to the RP (Residential Performance) District. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: 1. The application, item 10, erroneously states that the rezoning is from RA to B2. It would appear that you will want to correct this before submission of any final revised form of the application. Also, of course, any revised form of the application and the power of attorney will need to be signed. 2. Proffers 2.1 & 2.2 — Staff will want to be aware that the proposed phasing limits are cumulative and therefore will only limit the maximum rate of development of the Property for the first three years after the rezoning. Thereafter, in theory, nothing would prevent development of the entire Property within a much shorter timeframe to the extent that development is not completed within the first three years. 3. Proffer 3.1 — In order to avoid any potential ambiguity, the Proffer might identify the number of relevant dwelling units for which the recreation building is intended to meet the recreation unit requirement. Also, the Proffer should state • that the recreation building shall be constructed prior to the issuance of the indicated cumulative number of building permits or before the time required by 107 North Kent Street • Winchester, Virginia 22601 • Mr. Patrick Sowers March 26, 2009 Page 2 0 • County Code § 165-64, if sooner. Finally, the Proffer might provide more clarity by describing the size and scale of the recreation building. 4. Proffer 3.6 — The Proffer does not provide any real specificity as to the particulars of the trail system and therefore, among other things, makes it difficult to ascertain exactly how extensive the trail system will be. Also, while the language in the second introductory paragraph of the Proffers explains that improvements will be provided at the time of development of the adjacent portion of the Property, the lack of specificity as to the trail system likewise makes it difficult to ascertain what portions of the trail system will be in place at what times. Proffer 7.2 — In lines 1 and 2, "an HOA" might better read as "the HOA" 6. Proffer 7.3 — The Proffers, read as a whole, do not provide indication as to when the Applicant will make the initial lump sum payment. Also, the Proffer might clarify whether the $100.00 per lot payment is due only in connection with the initial purchase of each lot or is also due upon each subsequent resale of a lot. 7. Proffers 9.1-9.4 — These Proffers involve land use activities on other properties. Staff will want to review these Proffers with respect to other • developments in the area. Also, it would appear that Proffer 9.4 cannot be satisfied without at least some of the improvements in Proffers 9.2 & 9.3 being completed. Staff may wish to look closely at the interplay among Proffers 9.2- 9.4, including whether any modifications to Proffers 9.2 & 9.3 would be appropriate. 8. Proffer 9.3 — If the Applicant intends to dedicate the right-of-way for the portions of Eddys Lane traversing the Property, the Proffer should so provide. 9. Proffer 9.4 — It appears from the GDP that a small segment of the "Haggerty Connection" will exist to the east of the extended Eddys Lane. If the Appucunt rIitenGS LU CIE:diC:atG right-of-way for rh1S Sebiiiulit, tii:: PrG11tGr :,hvuiCt SU provide. 10. Proffer 10.1 — Staff will want to be aware that the Proffer calls only for the ultimate identification of historic resources and does not address any means for the actual protection of any historic resources once they are identified. 11. Proffer 10.2 — Staff will want to determine whether the phrase "within the vicinity of the northern property boundary" requires any greater specificity. 12. Proffer 11.1 — In the second line, after the closed parenthesis and before "shall", it appears that "and such portion so dedicated" should be inserted. • • Mr. Patrick Sowers March 26, 2009 Page 3 • I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that that review will be done by staff and the Planning Commission. Sincerely, 40, --z,- Roderick B. Williams County Attorney cc: Michael Ruddy, AICP, Deputy Director of Planning and Development • • r IN111011,1,���I� TO: FROM: RE: DATE: COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 Patrick Sowers, AICP Michael T. Ruddy, AICP Deputy Director Initial Comments — Opequon Crossing Rezoning March 12, 2009 The following points are offered regarding the Opequon Crossing Rezoning Application. • This is a request to rezone 70.15 acres from RA to RP with Proffers, allowing a maximum of 325 dwelling units including up to 170 single family attached dwelling units. Please consider the comments as you continue your work preparing the application for submission to Frederick County. Please ensure that these comments and all review agency comments, including the HRAB, are adequately addressed. General. The application should be corrected to reflect the proposed zoning on the property. Land Use. The property is located in the UDA and Q"W.QA and the property is in an area that is planned for residential development. The request is in general conformance with the Eastern Frederick County Long Range Land Use Plan which identifies locations of future land uses. Transportation. Primary access should be consistent with and further the approved Frederick County Eastern Road Plan. This rezoning application should reflect the comprehensively planned road network and the adjacent projects' implementation of this road network. • The County's Eastern Road Plan in the vicinity of this project identifies the relocation of Valley Mill Road as a major collector road (U4D). 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 . M • • Opequon Crossing — Rezoning Comments March 12, 2009 Page 2 The project narrative discussing site access makes no mention of using or advancing the long range transportation improvement to Valley Mill Road which is planned to traverse this property, a very important connection. The emphasis should be on implementing the Valley Mill Road connection. Consideration of the completion of this comprehensively plarmed collector road system in the vicinity of the project should be a greater consideration. Without such a connection, all development related traffic, including school traffic, would be forced to use Route 7 to access locations east of this project. This application should avoid placing traffic on Eddy's Lane. Traffic may ultimately use the I. nfinproved Eddy's lane, existing Valley Mil? Drive connection with Route 7, and the one lane bridge. Any right-of-way dedication should accommodate the right-of-way for its ultimate construction, and any necessary grading and other easements should be provided for. This project is located within the Urban Development Area and all roads should be built with an urban typical section. Construction of the four lane section is warranted. An alternative approach may be to provide a two lane connection of the ultimate section from point A to existing Valley Mill Road. Any section of Valley Mill Road on the property . should be in place with the initial phase of construction. It is suggested that section A to B is constructed initially and section B to existing Valley Mill Road in place by the issuance of the 150th building permit. The timing of any development of this site should reflect the timing of the improvements provided for with the original Haggerty rezoning. This should be addressed in the proffer statement. All roads in the Haggerty project should be accepted into the State System before any building permits are issued for construction in this project. Other recent rezoning projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County In addition to the specific iilproveinents they may be proposing. Such ail approach should be considered with this request relative with the scale of this request. Previously, the application had proposed a $3,000 per single family attached dwelling and $5,000 per single family detached dwelling monetary contribution that was to be utilized for road improvements to alleviate transportation problems in the general vicinity of the property. At that time, the Applicant's transportation program was considered insufficient in addressing the transportation impacts of the project and furthering the goals of the Comprehensive Plan. • • Opequon Crossing — Rezoning Comments March 12, 2009 Page 3 The monetary transportation proffer has been significantly reduced from that proposed with the original submission of this request ($1,000 per single family attached dwelling and $2,000 per single family detached dwelling). At the same time, no additional transportation improvements have been proposed. Rather, the improvements appear to have been minimized. Staff would maintain that the Applicant's transportation program is insufficient in addressing the transportation impacts of the project and furthering the transportation goals of the Comprehensive Plan. Inter parcel connectivity should be provided with this application. Particular recognition must be provided for the adjacent properties with approved master planned roads that cormect to this property. Please identify any opportunities for such connections to the south west and west of this site including additional connectivity to the Twin Lakes proj ect. Bike and pedestrian accommodations should be a consideration with this request and key • connections should be identified with the rezoning and GDP rather than later at the MDP stage. The following additional transportation TIA-related comments are provided by Mr. Bishop, Frederick County Transportation Planner. Aside from a right-of-way dedication, this proposal does not address the Eastern Road Plan connection to Valley Mill Drive. It is important to recognize that the Eastern Road Plan needs to be implemented in this area in order to create a sustainable transportation network. Accessing Route 7 as the only means for residents of this development to reach goods and services degrades the function of Route 7 as an Arterial highway. The proffer of $1,000 per multi family unit and $2,000 per single family unit is well below the standards which have previously been followed for offsetting transportation impacts in Frederick County. While I recognize and empathize with the challenges of today's market, those challenges do not lessen the impact of new residential development on Frederick County roadways. The results of the TIA's study of the intersection with Route 7 do not alleviate my concerns about the impacts to Route 7 as it approaches I-81. Due to the distances involved, it was deemed excessive to have this development scope their traffic • impacts that far. However, it is clear from what is being proposed that that congested area is where the residents of this development will need to go for Opequon Crossing — Rezoning Comments March 12, 2009 Page 4 goods and services, thus adding to a traffic situation that is already unacceptable. Please consider this issue when reviewing the points above. Proffer Statement. The Generalized Development Plan could be utilized to a greater extent to better describe the project and to address the various considerations that may be forthcoming from the review agencies, including those identified in this memorandum. The recreational building identified in the proffer statement should be defined in terms of size, use, and resources associated with it and its construction should be further guaranteed with the first phase of development. Other. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas, the integrity of the pond, and the other environmental open spaces, as a greater consideration of this application and as part of the proffer statement. Such features could be promoted as features on the GDP. At a minimum, the area in wetlands, lakes, and ponds should be determined at this time. Incorporating the existing pond low impact site development techniques into the design of the project should also be addressed. The Adams House may also be a feature that could be incorporated into the design of the project; architecturally or as part of the open space and recreation facility. Once again, please ensure that all review agency comments are adequately addressed. MTR/bad E It. 41 Patton Harr0Rusf & Associates Engineers Surveyors Planners. landscape Architects 2009 SEP 2 5 i � L i 25 September 2009 Mr. Michael Ruddy Frederick County Department of Planning and Development 107 N Kent St, Suite 202 Winchester, VA 22601 0 RE: Opequon Crossing Rezoning Application; � Response to Comments PH'-�+`` '� Dear Mike, To accompany the application submission for the Opequon Crossing rezoning, I have CORPORATE: provided below a response to all comments made by review agencies. Our responses Chantilly are as follows: VIRGINIA OFFICES: Chantilly Plaaz>li>ae a>adDezrlo,01)y t(Alike Ruddy, AICP) Charlottesville Fredericksburg General Harrisonburg Leesburg 1. The application should be corrected to reflect the proposed Zoning on the proper y. Newport News Norfolk Application has been revised accordingly. Winchester Woodbridge Land Use LABORATORIES. 1. The property is located in the UDA and SIFSA and the property is in an area that is planned Chantilly for residential development. The request is in general conformance with the Eastern Frederick Fredericksburg County Long Range Land Use Plan which identifies locations of f rture land uses. MARYLAND OFFICES: Baltimore Acknowledged. Columbia Frederick Tr'a1 spot/alion Germantown 1. Primag access should he consistent with and father the approved Frederick County Eastern Hollywood Hunt Valley Road Plan. This rezoning application should reflect the comprehensively planned road network Williamsport and the adjacent projects' implementation of this road network. The County s Eastern Road PENNSYLVANIA OFFICE: Plan in the vicinity of this project identifies the location of Valleg Mill Road as a major collector Allentown road (U4D). T 540.667 21 39 The portion of Valley Mill Road relocated that is proposed for construction by the F 540 665 0493 Applicant is proffered to be designed as a U4D roadway. The alignment of the 1 17 East Piccadilly Street relocated Valley NO Road and right of way reservation area is in accordance with Suite 200 Winchester, VA the Frederick County Eastern Road Plan. 22601 E 0 2. The project narrative discussing site access mad es no mention of using or achrancing the long razzge transportation improvement to Valley Mill Road which is planned collector road ystenz in the vicinity of the project should be a greater consideration. Vithout such a connection, all development related traffic, including school traffic, would be forced to use Route 7 to access locations east of this project. This application should avoid placing traffic on Eddy s Lane. Traffic may ultimately use the unimproved Eddy's Lane, existing Valley Mill Drive connection Willi Route 7, and the one lane bridge. The applicant has proffered to construct relocated Valley NO Road within the Property limits to the extent possible without offsite grading easements. The remaining portion of relocated Valley Mill Road is accommodated on the Property with a right of way reservation. As such, the Applicant has incorporated the PH Eastern Road Plan to the extent possible within the Property boundaries. To reach existing Valley Mill Road would require going through an adjacent property that is not owned by the Applicant. The Eddys lane connection is seen as a secondary access point as the main traffic movement of the Haggerty Spine Road/Route 7. Assuming all traffic uses the Route 7 access point, the intersection will still function with an overall LOS B. 3. Any right-of-way dedication should accommodate the fight -of -way for its nitinzate construction, and ary necessa y grading and other easements should he provided for: This project is located Within the Urban Development Area and all roads should be built with an urban typical section. Constinction of the four lane section is warranted. An alternative approach may be to provide a two lane connection of the ultimate section from point A to existing Valley Mill Road Ary section of Valley Mill Road on the properly should be in place with the initial phase of constrrrctiorz. It is suggested that section A to B is constructed inilialy and section B to existing Valley Mill Road in place by the issuance of the 150'r' building permit. The revised proffer provides for construction of two lanes of a U4D roadway from Point A to Point B prior to issuance of the 100'' building permit (which is at just 30% buildout). It is important to note again that the Applicant only owns to Point C and thus is implementing the long range transportation plan to the extent possible within the Property boundary. 4. The timing of any development of this site should reflect the timing of the improvements provided or with the Haggerty re.Zoning. This should be addressed in the proffer statement. All roads in the Haggerty project should be accepted into the State System before any building permits are issued for construction in this project. The Applicant has proffered that the project must have access via the Haggerty Transportation network and that the Haggerty "Spine" Road must be completed per the Haggerty Proffers before issuance of the first building permit. This allows for a logical progression of development and ensures the key components of the Haggerty Rezoning are in place before development begins on Opequon Crossing. • 5. Other recent rezoning projects have contributed additional fzrnding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements tbey may be proposing. Such all approach should be considered )pith this regnest relative will) the scale of this request. The proposed proffer statement has provided for a monetary contribution in the amount of $2,000 per detached dwelling unit and $1,000 per attached dwelling unit. This would total $480,000 at project build out and would be provided to address transportation improvements for Frederick County. P�R+A 6. Previonsly, the application had proposed $3,000 per angle fa>nily attached d)pelling and $5,000 per single falfiydetached dwelling monetay contribution that )pas to be ntili.Zed for road improvements to alleviate transportation problems in the general vicinity of the property. At that time, the Applicant's transportation program )pas considered insii f icient in addressing the transportation impacts of the project and firrtberzng thegoals of the Comprehensive Plan. The monetay transportation proffer has been significantly reduced from that proposed will) the original submission of this regnest (S1,000 per single family attached dwelling and ,$'2,000 per single family detached dwelling). Al the same tinge, no additional transportation improvements have been proposed Rather, the improvements appear to have been minimized As the traffic study indicates that a Level of Service B is achieved at the intersection of Route 7 and the Haggerty "Spine" Road, it would appear that the Application is within the Level of Service threshold advised by the Comprehensive Plan. The monetary contribution proffered is the Applicant's attempt to aid the County in addressing other transportation concerns for broader transportation improvements. 7. Staff would maintain that the Applicant's transportation is insii icient in addressing the transportation impacts of the project and fantheizr)g the transportation goals of the Comprehensive Plan. Again, the primary entrance to the site which is located at the intersection of a Major Collector and Arterial Roadway will operate within the Level of Service recommendation of the Comprehensive Plan. With an additional cash proffer provided in addition, we feel the Applicant has adequately addressed any transportation impacts resulting from the rezoning. 9 i 8. Inter parcel connectivity shoidd be provided with this application. Particular recognition must be provided for the adjacent properties with approved viaster planned roads that connect to this property. Please identi fy any opportunities for such connections to the south west and west of this site including additional connectiviy to the Twin Lakes project. The proffer statement accommodates the planned interparcel connector at Eddys Lane shown as part of the approved Twin Lakes Master Plan. Additionally, the Applicant has provided for a reserve area to provide for an interparcel connection to the adjacent Fieldstone Property to the west of the site. The Fieldstone Development has approved design plans that include no interparcel connections so the use of this connection would be at the discretion of the Fieldstone Development owners. PH 9. Bike and pedestrian accovimodatiors should be a consideration with this request and key connections should be identified with the re.Zoning and GDP rather than later at the MDP stage. The proffer statement ensures that the hiker/biker trail will be provided along, at minimum, relocated Valley Mill Road and Eddy's Lane which ensures connectivity with the planned trail system included as part of the Haggerty and Twin Lakes projects. The following additional transportation TIA-related covivients are provided by Mr. Bishop, Frederick County Transportation Planner: Aside fionz a right-of-way dedication, this proposal does not address the Easterir Road Plan connection to Valley Mill Drive. It is iviportant to recognise that the Eastern Road Plan needs to be implemented in this area in order to create a sustainable transportation network. Accessing Route 7 as the only means for residents of this development to reach goods and services degrades the function of Route 7 as aii Arterial highway. The Applicant is implementing the Eastern Road Plan. As the adjacent Property has yet to be rezoned to RP (as planned by the Comprehensive Plan) and is the lone remaining link for Valley Mill Road relocated, we feel that implementation of this portion of the portion of the roadway would be a responsibility of any application for the adjacent Property. 2. The proffer of S1,000 per viulti family unit and $2,000 per single favziyl unit is well below the standards which have prePiolsybeenjollowedfor offsetting transportation impacts in Frederick County. IY/ & I recognize and empathi.Ze with the challenges of today s viarket, those challenges do not lessen the impact of new residential development, on Frederick Coun y roadways. The application maintains a Level of Service B at the primary access point. Rezonings should be evaluated on a case by case basis on what should be expected to mitigate the impacts of each particular rezoning. In the case of Opequon 40 Crossing, we feel our high LOS combined with a nearly half million dollar monetary proffer effectively mitigates any impacts associated with the request. 3. The results of the TL-Is study of the intersection with Route 7 do not alleviate ny concerns about the impacts to Route 7 as it approaches I-81. Due to the distances involved, it was deemed excessive to have this demlopment scope their traffic impacts that far: However, it is clear from what is being proposed that that congested area is where the residents of this development will need to go forgoods and services, thus adding to a traffic situation that is already unacceptable. Please consider this issue when reviewing the points above. We feel the monetary proffer could be used to address the off -site impacts of the RA rezoning, whether the proffer monies are geared toward Route 7 improvements or PH implementation of the off -site portions of Valley NO Road relocated. Pr o(%r Statement 1. The Generalised Development Plan could be rrtili.Zed to a greater extent to better describe the project and to address the various considerations that may be forthcoming from the review agencies, indrrding those identified in this memorandum. The GDP shows all relevant proffered conditions and the relationship between Opequon Crossing and the adjacent Haggerty Property. 2. The recreational building identified in the proffer statement should be defined in terms of-si�ze, Ilse, and resources associated with it and its construction should be further guaranteed with the first phase of development. The recreation building is proffered to be constructed prior to 50% development of the site. The size, use, and resources would be better defined at the MDP or SDP stage of development when a builder is online for construction of the project. The value of the recreation building is dictated by County Ordinance, thus ensuring that the end product will be appropriate for the development. Other 1. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas, the integrity of the pond, and the other environmental open epaces, as a greater consideration of this application and as part of the proffer statement. Such features could be promoted as features on the GDP. The existing farm pond is not of extremely high quality. Further, land disturbance of the site would be kept to a minimum as part of the design of the project to ensure development costs are not excessive. As a final design is not yet complete, it would be difficult to designate exact areas of non disturbance or preservation at this time. I 2. At a minimum, the area in wetlands, lakes, and ponds should be determined at this time. Incorporating the existing pond low impact site development techniques into the design of the project should also be addressed. By ordinance, environmental features are defined at the time of the MDP. The Impact Statement does provide a narrative for environmental features which addresses all items listed in the comment with the exception of wetlands which will be depicted on any future MDP. 3. The Adanzs House may also be a feature that could be incorporated into the design of the project; P1A arzhitecturally or as pm! of the open space and recrealion facility. 1L� The Adams House will be documented in accordance with suggestion from the HRAB, but will not be kept as part of the final development. Virgi>aidDe�rt>ne>rt o Trd>asortdtion (Greg .Hoffman) 1. The analyst coded the Synchr o files assuming a 45 nuph peed limit for Route 7, but our database shows the speed limit as 55 nzph. At 55 nzph, the Department would not likely allow a permissive left tarn movement. Coding the movement as Protected and raising the gavel speed to 55 mph, degrades the LOS, therefore requririzrg additional mitigation. Ve suggest eh following turn lane configurations at the Route 71Haggerty intersection: W/B (I left, 2 thru), EB (2 thru, I right), NB (I left, 1 right). The advised turn lane improvements were included as part of the approved plans for the Haggerty "Spine" Road. To ensure these improvements are in place, the lane configuration has been proffered. Additionally, an updated exhibit provided at the end of the TIA indicates that with these lane improvements, the intersection operates at an overall LOS B at build -out. 2. A emir lane anal sis should be conducted as Haggerty Dr./Site Drive 2. As no thru connection for the Spine Road will be in place south of Site Drive 2 as part of development of the project, no eastbound vehicles on site drive # 2 (relocated Valley Mill Road) would turn right onto the Spine Road. Instead, all vehicles will be left turn movements as indicated in the TIA. f 3. An altercate roadway connection (either through a new Valley Mill Road or Fieldstone, Section 21 Channirg Drive connection) is needed for this development to access areas west and south. Without this alternate roadway connection, all trips will be forced to use Primary Route 7 back to Winchester to access schools, shopping etc. The existing single lane Gridge on Valley Mill Road will not accommodate increased trafc flow. This single -lane bridge structure will be di[licult to rpgradelreplace due to right of --way, historical and environmental concerns. The Applicant met with the Fieldstone Development owners but no agreement could be reached to provide for a connection through Fieldstone to Channing Drive. Additionally, a connection to existing Valley Mill Road would not be cost Pfeasible with the number of units proposed as part of this development. H R+_ /� 4. Due to the close proximity to Norlhery Virginia, there is a public need for a par;- and ride facility in this area. This development will certainly increase the need for park- and ride conrmarters. Dedicated right of-rvay and/or monetay contributions should be considered for a park- and ride facility. The proposed monetary contribution could be used for a park and ride facility if so desired. 5. Inter parcel roadway conrrection.r sl)orrld be provided to adjacent properties. Inter -parcel roadway connections are provided to properties in all directions of the site. 6. Future 1/ally Mill Road connection fiom intersections requiring right tuni lames. A requires a minimum of l00' of right-of-way. .Point B to Point C is not mentioned in the UD-4 with right trait lanes, without sidewalk, The revised proffer allows for the right of way for Future Valley No Road to be expanded to 100' where necessary for turn lanes as determined by VDOT. lzlzchesterReZi 2>q Mir�riolt (Serena R. Manuel) Neither the location or the elevation of this site requires a 7460-1 to be filed with the Federal Aviation Administration, however it does lie within the air space of the Winchester Airport. Due to its proximity to the airport, property owners may experience aircraft fly -over noise from aircraft entering into or departing the flight pattern from the North. Special considerations will not be requested by the Winchester Regional Airport. Acknowledged. J • • Frederick CountyAgorney (Roderick Wlilliams) /. The application, item 90, erioneolrsly states that the re.Zolling is from RA to B2. It would appear that jolt will want to collect this before submission of any final revised form of the application. Also, of course, any revised form of the application and the power of attonley will need to be sighed The Application form has been revised accordingly. All required signatures have been provided. 2. Proffers 2.1 & 2.2 — Staff will want to be aware that the proposed phasing limits are clrmnlative ��� and therefore mill only limit the mavihiui l vale of • development of the Property for the first three jean after the re�onillg. Thereafter, in theo y, noth * would prevent development of the enfir•e Proper y within a much shorter tirnefiame to the extent that development is not completed within the first threeyears. Acknowledged, though it is unlikely that the Property would develop in less than three years as development will be dictated by market demands. 3. Proffer 3.1 — In order to avoid ary potential ambigltity, the Proffer might identifi the number of relevant dwelling units for which the recreation building is intended to meet the recreation unit reglrirerilent. Also, the Proffer should state that the recreation building shall be consinicted prior to the issuance of the indicated cumulative number of building permits or before the time required by County Code §165 64, if sooner: Finally, the Proffer might provide more clarity by describing the size and scale of the recreation building. Section 165-64 dictates which units must use the recreation building requirement so this will be determined further in the design process. The proffer also includes a trigger of the 150"' building permit for the latest the recreation building could be constructed. The size and scale of the recreation building would be better defined later in the process when we know the exact number of units that the recreation building is applicable. 4. Proffer 3.6 — The Proffer does not provide ary real specificity as to the particulars of the hail ystem and therefore, among other things, makes it difficult to ascertain exactly how extensive the trail ystem will be. Also, while the language in the second introdaictory paragraph of the Proffers explains that improvements will be provided at the time of development of the adjacent portion of the Property, the lack of specificity as to the trail system likewise makes it dcult to ascertain what portions of the trail ystem will be in place at what time. The revised proffer specifies the areas where the trails will be constructed, at minimum and also ties construction of the trail to construction of the adjacent roadways which are triggered at different building permits. J • • 5. Proffer 7.2 — In lines 1 and 2, an HOA"mighl better read as "the I-IOA ". Proffer revised accordingly. 6. Proffer 7.3 — The Proffers, read as a whole, do not provide indication as to when the Applicant will make the initial hump sum payment. Also, the Proffer might clarify whether the S 100.00 per lot payment is due only in connection with the initial purchase of each lot or is also due upon each subsequent resale of a lot. Proffer revised to clarify time of initial lump sum payment and that the $100.00 PH� per lot payment is made upon initial sale of each lot. 7. Proffers 9.1-9.4 — These Proffers involve land use activities on otherproperlies. Staff will want to review these Proffers with respect to other developments in the area. Also, it would appear that Proffer 91.4 cannot be satisfied without at least some of the improvements in Proffers 9.2 & 9.3 tieing completed Staff may wish to look closely at the interplay among Proffers 9.2-9.4, including whether ary modifications to Proffers 9.2 & 9.3 would be appropriate. Acknowledged. 8. Proffer 9.3 — If the Applicant intends to dedicate the right-of-way for the portions of Eddys Lane traversing the proper y, the Proffer should so provide. Proffer revised accordingly. 9. Proffer 9.4 — It appears from the GDP that a small segment of the `Waggerty Connection" will exist to the east of the extended Eddys Lane. If the Applicant intends to dedicate right of-rvay for this segment, the Proffer should so provide. Proffer revised accordingly. 10. Proffer 10.1 — Staff will want to he aware that the Proffer calls only ,for the ultimate identification of historic resources and does not address ary means for the actual protection of any historic resources once they are identified Acknowledged. 11. Proffer 10.2 — Staff will want to determine whether the phrase "within the vicinity of the northern property boundary" requires anygreater specificity. Acknowledged. 12. Proffer 11.1 — In the second line, after the closed parenthesis and before "shall'; it appears that `and such portion so dedicated" should be inserted Proffer revised accordingly. 4 • • Frederick CorintyDWa1tme>ztofP>sblc WOrkS (I-IafvyE. Slralvslayder, Jr., l'.E.) The revised rezoning application dated _February 23, 2009 has adequately addressed our previous comments. Wle anticipate that any future master development plans will include a wetlands analysis and a detailed discussion of a proposed stormwater management plan. Acknowledged. Frederick County Fire Marshalaffrey Neal) P+A Plan approval recommended 1L Acknowledged. F>ea'e>zck Co>r>rty Sa>ritatio>a f!>ztho>zty Qohn Idlhitacr e) There should be adequate sewer and water capacity to serve this project. Acknowledged. Frede>ck - l>achesterHealtl> Departzne>zt (Dorrg Dailey) Health Department has no objection if public water and sewer are provided Acknowledged. Frede>ck Cou>ztyDepa1P1ze>ztofBalhs d>zdRecreat.62 (tilatthe , Holt) 1. Opequon Crossing is proposing a total of 325 dwelling units and would require eleven (11) recreation units. Acknowledged. Rec unit will be further defined at time of MDP. 2. Item 3.1: The Parks and Recreation Department would need to review the design of the recreation building for appropriateness as a "recreation amenity". Acknowledged. Any plans for the recreation building would be provided to Parks and Recreation for review. 3. Item 3.2 & 3.3: The proffer contribution would appear to meet the Development Impact Model. Acknowledged. 4 4. Item 3.6: The trail ystena should provide connectivi y to adjoining subdivisions, facilities and be consistent with the 2007 LYlinchesterFrederick Count' MPO Bicyclelpedestrian network. The trail facility will connect to planned facilities within the Haggerty Property and Twin Lakes. Frederick COuntYl7VeCM21zs Qohn Trenay) No comments at this time. Comments shall be made at site plan submittal. P RA /� Acknowledged. H1 h'istozzc Resources Ad"i 0aBo<trd /. Architecturdll>ocu>neutdtio>z: The HRAB felt that there is a need to document and research the historic significance of this proper y. The HRAB suggested docnnaenting the house and art' out buildings for their historical significance, including (but not limited to) researching and identioing past owners/occupants, significant application of building materials, and architectural features associated with the time period of construction, etc. The HRAB felt that photographs of the interior and exterior of the buildings should also be taken t visually document the Adams Farm House. Proffer revised to include architectural documentation. 2. Bzers dud Scree>zing The HRAB suggested an increased buffer along the shared property line with the Valley Mill.Farnr property (PIN 55 A-163). The HRAB acknowledged the existing woodlands on the Valley Will Farm property as well as the topography of the area as natural screening, but felt that the applicant could provide additional pine gees in this area to he. mitigate the impact of this new development on the view shed of the Valley Mill Farm since it is on both State and national Registers. Proffer revised to include a double row of evergreen trees along the northern property boundary to aid in providing a year round screen as advised. 3. Development Ndme.• Due to the fact that the Back Creek magisterial District of .Frederick County already recognises an area as the "Historic Opequon Village" and that the I-Iistoric Opequon Village area is indicated in the Comprehensive Policy Plan as a possible historic district, the HRAB felt that the applicant could consider renaming this new development project to maintain the integrity of the potential historic district and eliminate confusion that the new development is a historic area. Project name has been revised to "Opequon Crossing" to ensure there is no confusion with the Historic Opequon Village. 0 • Frede>zck Colv&tyPublac Schools ((. Wayne Lee) �. The cumulative impact of this project and other projects irr various stages of development in eastern Frederick Count' will necessitate future construction of new schools and snppori facilities to accommodate increased student enrollment. Wle estimate that the 155 single family detached units and 170 single family attached units in this development will house 43 high school students, 37 middle school students, and 70 elementa y school students. In order to proper y serve these 114 students, Frederick Count' Public Schools will outlay $3,346,000 in capital expenditures and $1,367,000 annually in operating costs. You will find, enclosed with this letter, a more detailed assessment of the impact of this development on .FCPS, including attendance Zone information. P R+A Acknowledged. 2. We note the proffered amounts of ,$'20,263 per single family detached rnrit and $14,268 per single family attached unit, which match the current development impact model. Thankyou. These values have been revised to $18,494 and $13,033, respectively, in accordance with the revised impact model adopted by Frederick County on June 24, 2009. 3. In this area of the county, we use the larger transit horses with a student capacity of 78. We are stiorr� concerned about the connection of Plagger•ty Boulevard to Route 7. For safely, that connection needs to be either sigrrali.Zed or have a crossover capable of pr oviding refuge for a transit bus. Our concern stems from the heavy volume of high-speed traffic currently on Route 7, parliculary durzrrg the morning rash hour; which poses a significant safety issue for bases running from existing housing to existing schools. The location of the Haggerty Boulmard intersection in Beryville Canyon across from the Route 37 ramps could compound the problem with sight distance issues and a complex environment for drivers to interpret. The intersection of Haggerty Boulevard will be signalized and include turn lanes which ensures all traffic using the intersection, including buses, can travel safely through the intersection. I hope that these responses aid in the review of the application by Frederick County Staff as well as the Planning Commission and Board of Supervisors. If you have any questions or would like to discuss further, please feel free to call me at (540) 667-2139. Sincerely, PATTON HARRIS RUST & ASSOCIATES Patrick R. Sowers, AICP PRS/l4 Enclosure 40 Patton Harris Rust & Associates Cnctmeels Surveyors Ilkwne,i landscape Nchilects P RA CORPORATE Chantilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach bV,nchester Woodbridge LABORATORIES. Chantilly Fredericksburg MARYLAND OFFICES' Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Williamsport PENNSYLVANIA OFFICE' Allentown WEST VIRGINIA OFFICE: Martinsburg T 540,667.2139 F 540 665.0493 1 17 East Piccadilly Street Suite 200 Winchesler, VA 22601 November 2, 2007 Mr. Michael Ruddy Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Opequon Crossing Rezoning Application Dear Mike: On behalf of my client, I would like to formally request postponement of the Opequon Crossing rezoning application (RZ# 12-07) scheduled for a public hearing at the November 7, 2007 Planning Commission to allow time to revise the application. I would request that a timeframe for this postponement not be specified to ensure that the revisions to the application are completed prior to returning to the Planning Commission. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Patton Harris Rus & Associates Cr // z Patrick R. Sowers COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 TO: Patrick Sowers FROM: Michael T. Ruddy, AICP Deputy Director RE: Additional Review Points — Villages @ Opequon Rezoning DATE: July 2, 2007 The following points are offered regarding the Villages at Opequon Rezoning application. Please consider them as you continue your work preparing the application for submission to Frederick County. Villages at Opequon, 71.45 acre RP Rezoning — Additional Rezoning Comments. Transportation. Primary access should be consistent with and further the approved Frederick County Eastern Road Plan. This rezoning application should reflect the comprehensively planned road network and the adjacent projects implementation of this road network. The County's Eastern Road Plan in the vicinity of this project identifies the relocation of Valley Mill Road as a major collector road. The desired typical section for a major arterial road should be addressed and incorporated into this application. Any right-of-way dedication should accommodate the right-of-way for its ultimate construction. Consideration of the completion of this comprehensively planned collector road system in the vicinity of the project should be a significant consideration. Please refer to the additional transportation TIA-related comments previously provided by Mr. Bishop, Frederick County Transportation Planner. Inter parcel connectivity should be provided with this application. Particular recognition must be provided for the adjacent properties with approved master planned roads that connect to this property. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 9 Villages at Opequon Rezoning — Additional Rezoning Comments July 2, 2007 Page 2 This project is located within the Urban Development Area and all roads should be built with an urban typical section. Proffer Statement. A Generalized Development Plan could be utilized to a greater extent and further incorporated into the proffer statement to better describe the project and to address the various considerations that may be forthcoming from the review agencies. If it is ultimately determined that the transportation approach proposed by the Applicant is acceptable, the applicant should guarantee the improvements to an acceptable level. . The reservation areas, reservation parcels, and identified road work reimbursement areas do not provide an acceptable approach to addressing the transportation impacts of this project and the transportation needs of this area. The transportation components of the proffer statement must be revisited (Section 12). The proffer statement may be more specific about the housing types permitted. The proffer as written is inconsistent with the application. Proffer 3.1 is extremely problematic and should be eliminated or significantly revised. The expectation should be that any project addresses the recreational facility needs for their particular project as specified in the Frederick County Zoning Ordinance, and addresses the fiscal impacts identified on the County's parks and recreation system. The wording of the proffers and the administration of the proffered monetary contributions should be in a form acceptable to the County's Attorney. Please find attached to this review the comments provided by the County Attorney. Other. It would be appropriate for the application to more thoroughly address the preservation of the existing tree lines and wooded areas, the integrity of the pond, and the other environmental open spaces, as a greater consideration of this application and as part of the proffer statement. MTR/bad Attachments u • June 20, 2007 Patton Harris Rust & Associates Attn: Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RE: County Transportation Planner Comment on the Preliminary Rezoning Application for the Village at Opequon Dear Mr. Sowers: As the Transportation Planner for Frederick County, VA in which the proposed rezoning is located, I have reviewed the Traffic Impact Analysis and Rezoning Application for the Village at Opequon. While I understand that a number of land use actions are pending in that area that will likely impact this application, I must limit my comments to what has been submitted as of this time. I look forward to reviewing an updated application should one be submitted. In the meantime, I have the following comments and concerns to point out regarding this application package: Traffic Impact Analysis 1. The TIA does not include a signed copy of the VDOT scoping sheet. This document aids the County in review of the TIA by detailing what is agreed upon at that scoping session. 2. Staff experience with VDOT has been that Synchro has been required for TIAs in this region; is there a particular reason that HCS+ was used for this particular TIA? Build out year for this development is stated as 2007. As of the date of this review, 2007 is nearly half over and this property does not have the zoning required for the proposed development. Lack of proper build out year in the analysis will impact the results of the study by rendering them less accurate. 4. Page three of the TIA shows Berryville Pike traffic to be 26,170 vehicles per day; however, 2005 VDOT projections indicate traffic for this roadway to be 32,000 vpd. This is a significant difference that should be addressed in some form. 5. No traffic is considered from Eddy's lane. Please address. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • • Patrick Sowers RE: County Transportation Planner Continent on the Preliminary Rezoning Application for the Village at Opequon. June 20, 2007 Page 2 An urban peak hour factor of 0.95 was used for this analysis. This rural area justifies no more than 0.88. This difference likely impacts the true levels of service. Please adjust. In summary, the traffic impact analysis, in its current state, is in need of updating and correction to enable a proper view of the impacts. Rezoning Application/Proffers Regarding Proffer 12.1, the proffer actually states that the applicant will proffer $3,000 per unit at the time of building permit issuance while the application states that $3,000 per attached and $5,000 per detached is being proffered. Though I understand that there is a desire to build out this property quickly, nothing guarantees that, and an escalator clause should be considered. In addition, though the single family attached units generate 87% of the traffic that a single family detached unit generates, just 60% of the detached amount is being proffered for attached units. 2. The remainder of the proffers appear to be concerned with limiting the use of roadways built by the applicant by Eddy's Lane properties that may be developed and trying to obtain funds from those Eddy's Lane properties should they be developed. These proffers are inappropriate, and any transportation contributions made by Eddy's Lane properties that may develop should be paid to the County and\or VDOT to offset their impacts and not to this applicant to offset their proffers. These proffers set up a spite strip. The application does not accurately reflect the Valley Mill extension as it approaches Abrams Creek or the Haggerty Property. 4. The application and TIA rely on Route 7 for all local traffic. As Route 7 is an arterial roadway, this is not appropriate. Additional east west access is needed and provided via the Valley Mill extension. In summary, it appears that the transportation proffers shown here are significantly inferior to what was proffered with the Haggerty rezoning. The submitted proffers fail to mitigate impacts projected by the TIA and that is with a TIA that fails to properly model background traffic, or the flow of traffic created by this proposed development. Patrick Sowers RE: County Transportation Planner Comment on the Preliminary Rezoning Application for the Village at Opequon. June 20, 2007 Page 3 Should you have any questions or wish to discuss this review further, please contact the case planner, Mr. Mike Ruddy and we can arrange a meeting which I will be happy to attend. Sincerely, John A. Bishop, AICP Transportation Planner CC: Dave Holliday Lloyd Ingram, VDOT Jerry Copp, VDOT JAB/bad 1 Patrick R. Sowers itom: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Hoffman, Gregory [Gregory.Hoffman@VDOT.Virginia.gov] Sent: Tuesday, April 14, 2009 3:25 PM To: Patrick R. Sowers Cc: John Bishop; Smith, Matthew, P.E.; Hoffman, Gregory; Copp, Jerry Subject: Opequon Crossing - VDOT Comments to Rezoning The documentation within the application to rezone this property appears to have significant measurable impact on Routes 7, 659, and 820. These routes are the VDOT roadways which has been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the revised Opequon Crossing Rezoning Application dated November, 2008 address transportation concerns associated with this request. Specifically, VDOT has the following concerns: * The analyst coded the Synchro files assuming a 45 mph speed limit for Route 7, but our database shows the speed limit as 55 mph. At 55 mph, the Department would not likely allow a permissive left turn movement. Coding the movement as Protected and raising the travel speed to 55 mph, degrades the LOS, therefore requiring additional mitigation. We suggest the following turn lane configurations at the Route 7 /Haggerty intersection: WB (1 left, 2 thru), EB (2 thru, 1 right), NB (1 left, 1 right). * A turn lanes analysis should be conducted at Haggerty Dr./Site Drive 2. * An alternate roadway connection (either through a new Valley Mill Road or Fieldstone, Section 2/Channing Drive connection) is needed for this development to access areas west and south. Without this alternate roadway connection, all trips will be forced to use Primary Route 7 back to Winchester to access schools, shopping, etc. The existing Ingle lane bridge on Valley Mill Road will not accommodate increased traffic flow. This ingle-lane bridge structure will be difficult to upgrade/replace due to right-of-way, historical and environmental concerns. * Due to the close proximity to Northern Virginia, there is a public need for a park and ride facility in this area. This development will certainly increase the need for park and ride commuters. Dedicated right-of-way and/or monetary contributions should be considered for a park and ride facility. * Inter -parcel roadway connections should be provided to adjacent properties. * Future Valley Mill Road connection from Point B to Point C is not mentioned in the proffers. Generalized Development Plan should be revised to show B to C right-of-way as a dedication to Frederick County rather than a reservation. * Additional right-of-way is needed on the East - West Collector Roadway at any intersections requiring right turn lanes. A UD-4 with right turn lanes, without sidewalk, requires a minimum of 100' of right-of-way. 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. 01regory T. Hoffman, Supervisor Virginia Department of Transportation Edinburg Residency - Land Development 2275 Northwestern Pike 1 Winchester, VA 22603 Phone )k(540) 535-1824 Fax #f(540) 535-1846 s • • From:LIFESAFE 0 12/01/2008 11:36 0 #530 P.001/001 .4 d .% -A F FlC1NTA:; '� Control number Date received Date reviewed Date Revised Rz0 6 - 0 019 11/26/2008 12/1/2006 Project Name Applicant Opecluon Crossing Patton Harris Rust R Associates Address City State Zip Applicant Phone 117 E. Piccadilly St. Suite 200 Winchester VA 22601 540-667-2139 Type Application Tax ID Number Fire District Rescue District Rezoning 55-A-210 18 18 Current Zoning RA a %eC,ommewnd��°tlaOyns Automatic Sprinkler System Automatic Fire Alarm System No Nn Other recorrin-tenclatlon • Emergency Vehicle Access Hydrant Location Sla[ngca Location Road;".aylAlS)e..2y Width Emergency Vehicle Access Comments Access Cornfrients Additional Comments Plan Approval Re-mmmPndod _ - Reviewed By as J. Neal • Signaiure Title Election District Red Bud Residential Sprinkler System No Fire Lane Required No Special Hazards No 11 a a a V /I 0 • Mr Patrick.Sowers, AICP Pattbn.Harris,Rusi,& Associates, p.c. 1:1,7 E.Ticcadill'y Street 'Winchester, Virginia`2260,1' RE. Opequdri.,Crossing P-roposed,Rezoning Frederick County, Virginia is 'DearTat'rick. • COUNTY 6f. FREDERYCK Departmerit:of'Public Works 540/665-5643 FAX. 540/ 678-0682 September 24 ,2009 The:revised;rezoning=applicaiion'daied;February 23'• .2009 hascadeguately addressed'.our previous comriients. We.ariticipate that aiiy future master devel6pfneiit plans"will.includera wetlands: anal ysis, and a detailedsdiscussion-of.aiproposed-stormwater-management plan. :Sincerely AA, Harvey E. �St'faw" yder .Jr P.E. Di'rector'of-Niblie Works HES/ils, cc: P.IdAhing and Develbpment 'file T•\Rhonda\TEMPCOI1fMENTS\OPEQ06NCR6SSINGREZC6bl.doc` 101 N6rdf kcnt;Sired, Winchester, Virginia`.22601' 000 u • Rezoning Comments OPEQUON CROSSING r1 U 0 Mail to: Frederick County Inspections Attn: Building Official 107 N. Kent Street Winchester, VA 22601 (540) 665-5650 Frederick County Inspections Hand deliver to: Frederick County Inspections Attn: Building Official 107 N. Kent Street Winchester, VA 22601 Applicant Please fill out the -information as accurately as possxie:n order to as`"sist the Frederick County Inspectroia's De artment with their review A"tta, ''a copy of your appl�cataon form, location map, proffer statement, impact analysis; and';anyf1,other ,,,per inenmfo`r.""oration Applicant's Name: Patton Harris Rust & Associates, Phone: (540) 667-2139 Mailing Address: ATTN: Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The Property is located South of the existing terminus of Eddys Lane (Rt 820)approximately 2,400 feet South of Route 7 and 1.650 West of ODCCquon Creek. Current Zoning: RA Zoning Requested: RP Acreage: 70.15 acres Inspection's Comments: Signature & Date: /; (_��� Notic ./Inspections— Please Return This Form to the Applicant ILI • 0 0 • Rezoninj4 Comments OPEQUON CROSSING Frederick County Sanitation Authority C - -- - Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Hand deliver to: Frederick Co. Sanitation A Attn: Engineer 315 Tasker Road Stephens City, VA c y� NOV 2 6 Applicant ';Please fill ort the lriforriation as accurately as possibieiii order to `assist t11e Sanitation Aiithorlty', with their review Attach a copy of -your application form, location miip, pro ffer ,statementi'impaet analysis; and any`other periineutinformation Applicant's Name: Patton Harris Rust & Associates, Phone: (540) 667-2139 Mailing Address: ATTN: Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The Property is located South of the existing terminus of Edd s Lane Rt 820) approximately 2,400 feet South of Route 7 and 1,650 West of Opequon Creek. 0 �- elosv Current Zoning: RA Zoning Requested: RP Acreage: 70.15 acres Sanitation Authority Comments: _ Sanitation Authority Signature & Date: C��� Notice to Sanitation Au h ro 6y — Please Return This Form to the Applicant 8 • RezoninI4 Comments OPEQUON CROSSING Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 Applicant: Please ill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates, Mailing Address: ATTN: Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540) 667-2139 S E P - 4 2009 Location of Property: The Property is located South of the existing terminus of Eddys Lane (Rt 820) approximately 2,400 feet South of Route 7 and 1,650 West of Opequon Creek. Current Zoning: RA Zoning Requested: RP Acreage: 70.15 acres Fred-Winc Seer,Nice Authority's Comments: Glt AG CU t Fred-Winc Service Authority's Signature & Date: Notice to Fred -Wine Service Authority — Please Return This Form to the Applicant 14 C]j • • OC,�i O`� Ov5`1 ►al3i�o� Rezoning Comments OPEQUON CROSSING '- -0OU 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 Applieant,'Please'fill�6ut the i fbiii dtion;as accurately as possible 1n`order` o assist the''Frederick- vJnichester: Health Department�;wieIf their. review Attach a'copy of your: appiication form, location niap, proffer statement, iimpact;analysis, and;any other pert ent,information Applicant's Name: Mailing Address: Patton Harris Rust & Associates, Phone: (540) 667-2139 ATTN: Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The Property is located South of the existing terminus of Eddys Lane (Rt 820) approximately 2,400 feet South of Route 7 and 1,650 West of Opequon Creek. Current Zoning: RA Zoning Requested: RP Acreage: 70.15 acres Fredericyk, — Winchester Health Department's Comments: Signature & Date: f % Notice to Health Department — Please eturn This Form to the Applicant 9 • 0 • RezoninIZ Comments OPEQUON CROSSING Frederick County Department of Parks & Recreation Mail to: Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 Applicant's Name: Mailing Address: Hand deliver to: Frederick County Department of Parks & Recreation Co. Administration Bldg., 2°d Floor 107 North Kent Street Winchester, VA 22601 Patton Harris Rust & Associates, Phone: (540) 667-2139 ATTN: Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The Property is located South of the existing terminus of Edd, s Lane(Rt 820) approximately feet South of Route 7 and 1,650 West of Opequon Creek. Cu- t Zoning: RA Zoning Requested: RP Acreage: 70.15 acres Dept. of Parks & Recreation Comments: See Attached Signature & Date: See Attached Notice to Dept. of Parks & Recreation — Please Return This Form to the Applicant 6 • Opequon Crossing Rezoning Request January 20, 2009 Opequon Crossing is proposing a total of 325 units and would require eleven (11) recreation units. 2. Item 3.1: The Parks and Recreation Department would need to review the design of the recreation building for appropriateness as a "recreation amenity". 3. Item 3.2 & 3.3: The proffer contribution would appear to meet the Development Impact Model. 4. Item 3.6: The trail system should provide connectivity to adjoining subdivisions, facilities and be consistent with the 2007 Winchester Frederick County MPO Bicycle/Pedestrian Network. Matthew G. Hott, Superintendent of Parks 0 • 4 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 May 24, 2007 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly Street Winchester, VA 22601 RE: Villages at Opequon Rezoning; Property identification Number (PIN): 55-A-210; Current Zoning District: RA (Rural Areas); Proposed Zoning District: RP (Residential Performance) Dear Mr. Sowers: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of May 15, 2007. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report. The subject parcel is the site of the Adams Farm House (DHR #34-397) and is in close proximity to several other structures, including Valley Mill Farm (DHR # 34-108) which is on the National and Virginia Registers of Historic Places. Other properties in close proximity to the proposed rezoning project are the Route 659 House (DHR #34-396), the Haggerty House (DHR #34- 398), and the Carter-Lee-Damron House (DHR #34-1150). Historic Resources Advisory Board Concerns Although only the Valley Mill Farm property is listed as potentially significant, the HRAB did have several suggestions to mitigate the impact of the proposed development on the cluster of historic structures in this area. Both the Haggerty House and the Carter-Lee-Damron House are - located on adjoining pioperties which were recently rezoned f6r residential uses similar to this proposal. The Carter-Lee-Damron house, on the Toll Brothers "Twin Lakes" property, will be utilized as a recreational element for that development. The application states that the applicant proposes to construct a residential development of 155 single family homes and 170 townhomes. The HRAB feels that this proposed development can address the following issues in ai-i effort to mitigate impacts on historic resources: 107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Patrick Sowers Re: Villages at Opequon Proposal May 24, 2007 Page 2 Architectural Documentation: The HRAB felt that there is a need to document and research the historic significance of this property. The HRAB suggested documenting the house and any out buildings for their historical significance, including (but not limited to) researching and identifying past owners/occupants, significant application of building materials, and architectural features associated with the time period of construction, etc. The HRAB felt that photographs of the interior and exterior of the buildings should also be taken to visually document the Adams Farm House. Buffers and Screening: The HRAB suggested an increased buffer along the shared property line with the Valley Mill Farm property (PIN 55-A-165). The HRAB acknowledged the existing woodlands on the Valley Mill Farm property as well as the topography of the area as natural screening, but felt that the applicant could provide additional pine trees in this area to help mitigate the impact of this new development on the view shed of the Valley Mill Farm since it is on both State and National Registers. Development Name: Due to the fact that the Back Creek Magisterial District of Frederick County already recognizes an area as the "Historic Opequon Village" and that the Historic Opequon Village area is indicated in the Comprehensive Policy Plan as a possible historic district, the HRAB felt that the applicant could consider renaming this new development project to maintain the integrity of the potential historic district and eliminate confusion that the new development is a historic area. Thank you for your presentation to the HRAB and for the opportunity to comment on this rezoning proposal. Please feel free to contact me with any questions concerning these comments from the HRAB. Since ely, Lauren E. Krempa Planning Technician LEK/bad cc: Rhoda Kriz, HRAB Chairman Philip A. Lemieux, Red Bud District Supervisor Susan K. Eddy, Principal Planner Rezoning Comments OPEQUON CROSSING • Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540) 662-2422 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA Applicant's Name: Patton Harris Rust & Associates, Phone: (540) 667-2139 Mailing Address: ATTN: Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 IS Location of Property: The Property is located South of the existing terminus of Eddys Lane (Rt 820) approximately 2,400 feet South of Route 7 and 1.650 West of Opeguon Creek. Current "Zoning: RA Zoning Requested: RP Acreage: 70.15 acres Winchester Regional Airport's Comments Winchester Regional Airport Signature & Date:_ ss&�M jyL I �(b� Notice to Winchester Regional Airport — Please Return This Form to the Applicant E • 0 02-03-09;09:23AM; �P iREGIOA, Z '-- O G IOP OF OF NRGIGINIA -1 HORA February 3, 2009 PHRA �,406622936 0 • WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662.2422 Patrick Sowers Patton Harris Rust & Associates 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comments Haggerty.Commercial Red Bud Magisterial District Dear Mr. Sowers: The Winchester Regional Airport Authority, offers the following comment regarding the proposed rezoning plan for the Bean Property. Neither the location or the elevation of this site requires a 7460-1 to be filed with the Federal Aviation Administration, however it does -lie within- the air space of the Winchester Airport. Due to its proximity to the airport, property -owners may experience aircraft fly -over noise from aircraft entering into or departing the flight pattern from the North. Special considerations will not be requested by the Winchester Regional Airport. Thank you for allowing us the opportunity to review this rezoning request: Sincerely, S. R. Manuel Executive Director 0FredPrick County Pubif Schools O... to ensure all students an excellent education • K. Wayne Lee, Jr. CZA . Coordinator of Planning and Development . 1eew@frederick.k12.va.us February 2, 2009 Mr. Patrick Sowers Patton Harris Rust & Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 Re: Opequon Crossing Rezoning Dear Patrick: Frederick County Public Schools has reviewed the Opequon Crossing rezoning application submitted to us on January 14, 2009. We offer the following comments: The cumulative impact of this project and other projects in various stages of development in eastern Frederick County will necessitate future construction of new schools and support facilities to accommodate increased student enrollment. We estimate that the 155 single-family detached units and 170 single-family attached units in this development will house 43 high school students, 37 middle school students, and 70 elementary school students. In order to properly serve these 114 students, Frederick County Public Schools will outlay $5,546,000 in capital expenditures and $1,567,000 annually in operating costs. You will find, enclosed with this letter, a more detailed assessment of the impact of this development on FCPS, including attendance zone information. is2. We note the proffered amounts of $20,265 per single-family detached unit and $14,268 per single-family attached unit, which match the current development impact model. Thank you. In this area of the county, we use the larger transit buses with a student capacity of 78. We are strongly concerned about the connection of Haggerty Boulevard to Route 7. For safety, that connection needs to be either signalized or have a crossover capable of providing refuge for a transit bus. Our concern stems from the heavy volume of high-speed traffic currently on Route 7, particularly during the morning rush hour, which poses a significant safety issue for buses running from existing housing to existing schools. The location of the Haggerty Boulevard intersection in Berryville Canyon across fi•om the Route 37 ramps could compound the problem with sight distance issues and a complex environment for drivers to interpret. Frederick County Public Schools is concerned about all land development applications. Both capital expenditures and annual operating costs are increased by each approved residential development, as is illustrated above and in the attached development assessment. Please feel free to contact me at leew n,fi•ederick.k I2.va.us or 540-662-3888 x88249 if you have any questions or comments. Sincerely, t- j/ T-:� I" Wayn "Lee, Jr., CZA Coordinator of Planning and Development enclosure Cc: Mrs. Patricia Taylor, Superintendent of Schools Mr. Al Orndorff, Assistant Superintendent for Administration 1415 Amherst Street www.frederick.kl2.va.us 540-662-3889 Ext. 88249 P.O. Box 3508 540-6624237 fax Winchester, Virginia 22604-2546 .7 Project Name: Opequon Crossing Assessment Date: February 2, 2009 Housing Type Single-family detached Single-family attached Totals • Frederick County Public Schools Develo-Dment Assessment Student Generation Housing Units 155 170 0 325 School Cost Program Capacity Per Student Cost Students Generated by this Development This Development's Impact on FCPS Capital Costs Elementary School Student Generation 37 33 0 70 Capital Costs Elementary School Cost (2009 CIP) $23,200,000 750 $30,933 70 $2,165,000 Middle School Student Generation 21 16 0 37 Middle School Cost (2009 CIP) 33,992,000 850 $39,991 37 $1,480,000 High School Student Generation 26 17 0 43 High School Cost (2009 CIP) 55,250,000 1250 $44,200 43 $1,901,000 Total Student Generation 84 66 0 150 Total Capital Costs 000 C7 • • • This Development's Impact on FCPS 2008-09 School Attendance Zone* September 15, 2008 Student Enrollment 2008-09 Program Capacity C: Annual Operational Costs Costs FY 2009 Budgeted Cost Total Student Per Student Generation Annual Im $10,449 150 $1,567,01 School Facility Information - School Attendance Zones are subject to change. Elementary School (Grades K-5) Redbud Run 496 644 Middle School (Grades 6-8) James Wood 790 850 High School (Grades 9-12) Millbrook 1,260 1,250 • 0 IF- LJ • CD CD OGOOOG113 THIS DEED, made and dated as of the 2 day of March, 2006, by and between GOLDIE'S LC, a Virginia limited liability company, party of the first part, hereinafter referred to as Grantor, and THE CANYON, LC, a Virginia limited liability company, party of the second part, hereinafter referred to as Grantee. WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid the Grantor by the Grantee on or before the delivery of this Deed, the receipt and osufficiency of all of which are hereby acknowledged, the Grantor does hereby grant and convey with Special Warranty of Title unto the Grantee, in fee simple, the following described real estate, together V\ O with all rights of way, privileges and appurtenances thereto belonging 9I N and subject to all easements and legally enforceable restrictions of record affecting such realty: Q All of that certain tract or parcel of land, containing 71- 1/2 acres, more or less, together with all improvements and y appurtenances thereto belonging, lying and being situate about five miles East of Winchester, in Red Bud District, (formerly Shawnee District), Frederick County, Virginia, and more particularly set forth on the attached Schedule A. of This is the same property conveyed to the Grantor herein by Deed dated May 23, 2000 and recorded in the Clerk's Office h of the Circuit Court of Frederick County, Virginia in Deed Book 966, at Page 1166. R r- TAX MAP NO.: 55-A-210 WITNESS the following signature and seal: 01 GOLDIES, LC, �-rj a V' ginia 1' ited liability company BY (SEAL) LARY E. ADAMS, Manager STATE OF VIRGINIA, At -Large CITY OF WINCHESTER, To -wit: The foregoing document was acknowledged before me in the ( jurisdiction aforesaid this day of t�l 1 2006, by LARY E. ADAMS, Manager of GOLDIES, LC, a Virginia limited liability company, on behalf of such company. My Comm,$s „qn expires ,��� i& V, %eYi " 1,.,/,�, _ y'.• . NOTARY PUBLIC I 4"i^N S MrtcwcLL TTORN(Y7 AT LAW ' '• " . - co:aieeDeed,'vpQ Y, , 01/JB/06RTM i� r. •.r� R, VIII OINIA • RETURN TO-STL '% '•�••. •' COMMONWEALTH LAND TITLE 10513 JUDICIAL DRIVE FAIRFAX, VA. 22030 Ll • 0 0 VI. TAX TICKET ViewDetail # Page 1 of 1 r� Real Estate Public Inquiry Ticket Detail 2009 REAL ESTATE TAXES Department# : RE2009 Ticket #: 378700001 FRQ: 1 Sup#: 0 Name: THE CANYON LC Account#: 15931 Name 2: C/O DAVE HOLLIDAY CONSTR INC Map#: 55 A 212 Address: 420 W JUBAL EARLY DR STE 103 Description: 103.83 ACRES WINCHESTER VA 22601 Bill Date: 06/06/2009 Due Date: 06/05/2009 Land: $1,470,200 Improve: Use: Minerals: Original Bill: $3,749.01 Payments: $3,749.01- Acres: 103.83 Penalty Paid: $339.66 Int Paid: $62.27 Amount Owed: Other: Last Date: 07/10/2009 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 amain. Date Type Transaction it Amount Balance 6/6/2009 Charge 0 $3,749.01 $3,749.01 5/29/2009 Payment 91376 ($352.41) $3,396.60 7/10/2009 Payment 58755 ($3,396.60) $0.00 7/10/2009 hnterest Paid 58755 $62.27 $0.00 7/10/2009 Penalty Paid 58755 $339.66 $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://taxes.co.frederick.va.us/applications/REPubliclnquiryNiewDetail.aspx 9/25/2009 • OPEUQON CROSSING - IMPACT ANALYSIS STATEMENT SEPTEMBER 2009 The Opequon Crossing Property (the "Property') is ideally situated for residential development. The project, identified by Frederick County records as 55-A 210, totals 70.15 acres of land zoned RA (Rural Areas) and is located at the existing terminus of Eddys Lane in the Red Bud Magisterial District (See Figure 1). The site is wholly within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) of Frederick County and is also identified for residential uses by the Eastern Frederick County Long Range Land Use Plan. This rezoning petition seeks to rezone 70.15 acres of land to the RP (Residential Performance) Zoning District. The rezoning would result in a high quality development with a mixture of single family attached and detached uses with a maximum of 325 dwelling units constructed over a minimum three year phasing plan. Primary access to the Property will be provided by connection with Route 7 via the Haggerty "Spine" Road approved as part of Rezoning 04-07 for the "Haggerty Property". Secondary access will be provided by a proffered connection with Eddys Lane, which connects with existing Valley Mill Road. The land use surrounding the site is predominantly single family residential, most of which is actively developing. The site is underlain by Martinsburg shale which is well suited for urban residential communities served by public sewer and water. As the Property is within an actively developing area of the UDA and SWSA, the conditional rezoning of the subject site would provide for a well planned community that promotes the • goals established by the Comprehensive Policy Plan. SURROUNDING PROPERTIES As depicted by Figure 1, the majority of the surrounding properties are currently developing with single family residential developments. Properties located East, South, and West of the site are currently zoned RP (Residential Performance) with tracts 55-A 165 and 55-4-4A, both zoned RA (Rural Areas) bounding Opequon Crossing to the North (See Figure 2). A clear division between the intended residential development and the agricultural uses North of the Property is formed by Abrams Creek and its associated floodplain. Additionally, the embankment found along the southern edge of Abrams Creek within the vicinity of the site provides for a significant grade separation that acts as a natural buffer between the existing agricultural use near the Property and the intended residential development of the site. ACCESS AND TRANSPORTATION A traffic impact analysis (TIA) entitled "A Traffic Impact Analysis of the Opequon Crossing," 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 2,658 vehicle trips per day (VPD). The TIA further indicates that existing and planned study area roads and intersections have the capacity to accommodate the trips • generated by this project at acceptable and manageable level of service (LOS) conditions with no improvements necessary at any subject area intersections. Impact Analysis Statement — Opequon Crossing 1 0 Patton Harris Rust & Associates LOCATION MAP FIGURE 1 Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 i[w Winchester, Virginia 22601 0pequon Crossing T 540.667.2139 F 540.665,0493 SCALE: 1 " = 1000' DATE: 4/10/07 • 0 A revised graphic is provided at the end of the TIA showing the level of service for build - out conditions using the lane improvements at Route 7/Haggerty Blvd which will be used as the primary means of access to Opequon Crossing. The lane improvements shown are included with the approved Haggerty Blvd (Spine Road) plans and would be constructed prior to issuance of any building permit within Opequon Crossing and includes the following: Westbound Rt 7 — 2 thru & 1 left, Eastbound Rt 7 — 2 thru & 1 right, Northbound Haggerty Blvd — 1 left & 1 right. The traffic analysis shows that the intersection will function with an overall Level of Service B with these improvements in place during build -out conditions. Primary access to Opequon Crossing shall be provided by connection to the planned road network for the adjacent Haggerty Property. This transportation network consists of the extension of the East-West collector (Valley Mill Road Relocated) as shown by the Eastern Road Plan that will connect the residential development of the subject Property with the Haggerty "Spine" Road. This connection will afford Opequon Crossing access to Route 7 via the Spine Road (See FigTrre 3). Additionally, in accordance with the Frederick County Eastern Road Plan, the Applicant has proffered a right of way reserve area to provide for the future extension of the East-West Collector roadway to existing Valley NO Road as shown on Figure 3. The Applicant has also proffered to construct two lanes of the ultimate urban four lane divided (U4D) cross section for approximately 500 ft within the Property boundary. The road alignment and reserve area shown for the East-West Collector road is in conformance with the alignment depicted by the Eastern Road Plan • The Applicant has proffered to extend Eddys Lane through the site to connect the existing terminus at the northern boundary of the Property with the final Phase of the developing Twin Lakes project to the south. The proffered connection to Eddys Lane provides multiple access points for traffic entering and exiting both Opequon Crossing and the Haggerty Property. n U Additionally, the Applicant has proffered $2,000.00 per single family detached and $1,000 per single family attached dwelling unit for transportation improvements within the vicinity of the site which could facilitate the future Valley Mill Road connection should the off site right of way be acquired in the future. This per unit contribution would total approximately $480,000 which would offset any transportation impacts associated with the proposed development. ENVIRONMENT The Property does not contain conditions that would preclude or substantially hinder development activities. The following table provides an area summary of environmental features: Environ nental Features Total Project Area 70.15 Acres Area in Flood Plain 0.00 Acres 0.0% Area in Steep Slopes 0.28 Acres 0.4% Area in Wetlands, Lakes, & Ponds TBD TBD Impact Analysis Statement — Opequon Crossing 2 1 BLUE RIDGE MHI f� FUTURE VALLEY MILL C❑NNECTI❑N � VALLEY AliRAMS R/W RESERVE A FOR FUTUR VALLEY ML D C❑NNECTI❑N C❑NSTILCT 2 LANES OF B _ A EAS EST COLLECTOR -f—EDDYS LANE C❑NNECTI❑N / �. i HAGGERTY 44 C❑NNECTI❑N PROJECT \ SITE HAGGERTY C❑NNECTI❑N WITH / TWIN LAKES PROPERTY TWIN LA T- /i "W SA OPEQUON WWTP HAGGERTY —TRANSP❑RTATI❑N NETWORK C Patton Harris Rust & Associates TRANSPORTATION PLAN FIGURE 3 Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 01w Winchester, Virginia 22601 T 540.667.2139 O p e q u o n Crossing F 540.665.0493 SCALE: 1 " = 700' 1 DATE: 11 /16/08 1 • 0 • Figure 4 depicts the environmental features located on the Opequon Crossing site. As depicted, the site drains both North into Abrams Creek and South into the lake within the Twin Lakes Subdivision before flowing into an un-named stream channel. Both Abrams Creek and the unidentified stream channel then direct the flow of water East into Opequon Creek. A small, man-made pond is situated on the Eastern portion of the site. This pond will not pose any issues for the intended residential development program. 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. The predominant soil types on the site are Berks channery silt loams, 7 to 15 percent slopes (map symbol 1Q, Weikert-Berks channery silt loam, 15 to 25 percent slopes (map symbol 41D) and Weikert-Berks channery silt loam, 25 to 65 percent slopes (map symbol 41E) as shown on map sheet number 37 of the survey. This soil type is not considered prime farmland as indicated by the Comprehensive Plan. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. The site has a high elevation of 650 feet and a low elevation approaching 560 feet. Only a small portion of the site contains steep slopes as defined by the Zoning Ordiance (50%). Much of the area containing moderate slopes of 25%-50% would be incorporated into the required open space for the project to maintain the integrity of the natural drainage channels that exist on site. • Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for Frederick County prepared by the U.S. Department of Housing and Urban Development, Community Panel # 510063-0120B, effective date July 17, 1978. The entire site is located in Flood Zone C, which denotes areas of minimal flooding outside of the 100-year flood plain. Portions of the 100 year flood plain associated with Abrams Creek are located in close proximity to the Property's northern boundary. Any wetlands that exist on the site would be identified during the Master Plan phase of development. • SEWAGE CONVEYANCE AND WATER SUPPLY The proposed Haggerty site sewerage conveyance system is being designed to handle the flows generated by Opequon Crossing. As such, sewer flows would be conveyed to the Opequon Waste Water Treatment Plant by connection to this planned system. Using a standard rate of 200 gallons per day/dwelling unit it is projected that the proposed development would produce approximately 65,000 gallons per day of sewer flow. Water supply will be provided by way of a 12" water main connecting through the Haggerty project. Water usage of the project would be roughly equivalent to its sewer flows of 65,000 gallons per day. The water system will be designed to provide adequate pressure for potable water service and fire fighting services. Impact Analysis Statement — Opequon Crossing 3 N ABRAMS STEEPSLOPES 50%+ - � o / a / EXISTING FARM \ r BUILDINGS / / O / / , EXISTING - \ POND / Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 E ENVIRONMENTAL FEATURES I FIGURE 4 Opequon Crossing SCALE: 1 " = 400' 1 DATE: 4/10/07 1 • • 0 SOLID WASTE The following table shows a projection of solid waste generation as a part of this project. Unit T e Units Waste Generation Total Waste lbs Single Family Detached 155 12 lbs/day 1,860 Single Family Attached 170 9 lbs/day 1,530 Total 3,390 Proffered curbside pick-up will be an improvement to solid waste issues associated with increased dumpster use in the County. HISTORIC SITES AND STRUCTURES .Pigmc 5 identifies historic structures located within the vicinity of the site. Each of the identified structures is identified as not potentially significant by the Frederick Cou= Rural Landmarks Survey with the exception of Valley NO Farm which was included in the Virginia Landmarks Register in 2005 and the Natioinal Register of Historic Places in 2006. The existing, vacant farm house on the site, identified as structure 34-397, is the "Adams House" (See .Tigure 6). Pursuant to the National Park Service Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. The Applicant met with the Historic Resources Advisory Board (HRAB) on January 13, i2009 to present the revised proffer package which addressed each comment previously provided by the HRAB in 2007. The proposed proffer package includes additional screening adjacent to Valley Mill Farm, commitment to documentation of the existing strictures on the Property. The name of the application was also changed from "Village at Opequon" to "Opequon Crossing" to ensure that the project name did not conflict with the existing historic Opequon Village located in the Back Creek District. IMPACT ON COMMUNITY FACILITIES The proposed development will have a scheduled and measured impact on community facilities. In addition to monetary proffers in accordance with the latest Frederick County Fiscal Impact Model, the Applicant has proffered additional funds ($2,000 per single family detached unit and $1,000 per single family attached unit) for transportation improvements. The applicant has offered the following monetary contributions to mitigate the impacts of this development: ■ Fire and Rescue: ■ Library: ■ Parks and Recreation: ■ School Construction: 4o ■ Transportation: TOTAL: Single Family Detached $713.00 per unit $487.00 per unit $1,970.00 per unit $18,494.00 per unit $2,000.00 per unit $23,664.00 per unit Impact Analysis Statement — Opequon Crossing 4 Single Family Attached $529.00 per unit $372.00 per unit $1,507.00 per unit $13,033.00 per unit $1,000.00 per unit $16,441.00 per unit �J y IIIIIr II Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 ADAMS HOUSE (34-397) FIGURE 6 PHRA Winchester, Virginia 22601 Opequon Crossing T 540.667.2139 F 540.665.04930493 DATE: 5/2/07 0 0 0 A Traffic Impact Analysis of the Opequon Crossing Located in: Frederick County, Virginia Prepared for: Wayne L. Hill • The Ryland Group, Inc. Washington Division 4100 Monument Corner Drive Fairfax, VA 22030 Prepared by: Patton Harris Rust & Associates Eng neers. Surveyors. Planners. Landscape Architects. 10212 Governor Lane Boulevard Suite 1007 Williamsport, Maryland 21795 P -PNA T 301.223.4010 • F 301 .223.6831 November 18, 2008 9 0 Is • r: • OVERVIEW Report Summary Patton Harris Rust & Associates (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Opequon Crossing development located along the south side of Route 7 (Berryville Pike), east of Valley Mill Road, in Frederick County, Virginia. The proposed project will include 155 single-family detached units and 170 townhouse units. Access will be provided via a sole site -driveway to be located along the west side of the proposed Haggerty Connector Road. The proposed Haggerty Connector will serve as the connection between the site and Route 7. The development will be built -out in a single phase by the year 2010. PHR+A has provided Figure 1 to illustrate the location of Opequon Crossing with respect to the surrounding roadway network. Methodology All methodology utilized in this report was based upon the December 11, 2007 scoping meeting (in Edinburg, VA) with Virginia Department of Transportation (VDOT) and Frederick County staff. The traffic impacts accompanying the Opequon Crossing 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 Opequon Crossing development, • Distribution and assignment of the Opequon Crossing development -generated trips onto the study area roadway network, • Analysis of capacity and levels of service for existing and future conditions using Synchro 7. EXISTING CONDITIONS In order to determine the existing traffic volumes along Route 7 at the proposed Haggerty Connection, PHR+A conducted AM and PM peak hour manual turning movement counts at the intersection of Route 7/Valley Mill Road in Frederick County, Virginia. PHR+A established the ADT (Average Daily Traffic) 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 7.70 % based upon Virginia Department of Transportation (VDOT) 2006 traffic count data. Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes along Route 7 at the proposed location of the Haggerty Connection. Figure 3 shows the existing lane geometry along Route 7. Traffic count data worksheet is included in the Appendix section of this report. PHR/� A Traffic Impact Analysis of the Opequon Crossing Project Number: 12617-1-0 November 18, 2008 Page 1 0 0 • • • No Scale t ,. .'Bi .�% ,, �J ll FaBctortl-" —13 ,w c _ SITE � f � '�il.Ysj l �, `'�� -; •t, try _. A Figure 1 Vicinity Map: Opequon Crossing, in Frederick County, Virginia PHIUA A Traffic Impact Analysis of the Openaon Crossing Project Number: 12617-1-0 November 18, 2008 Page 2 CJ 0 • • • No Scale i3er�. 67)12 �lke 3 � � 646(1S47) i Gp• SITE 01, Figure 2 PHF� AM Peak Hour(PM Peak Hour) Existing Traffic Conditions A Traffic Impact Analysis of the Opequon Crossing Project Number: 12617-1-0 November 18, 2008 Page 3 0 • • No Scale Figure 3 Existing Lane Geometry and Level of Service PR+AH A Traffic Impact Analysis of the Opequon Crossing Project Number: 12617-1-0 November 18, 2008 Page 4 0 2010 BACKGROUND CONDITIONS PHR+A increased the existing traffic volumes along Route 7 using a growth rate (per the December 11, 2007 scoping meeting) of two percent (2%) per year through Year 2010. Additionally, PHR+A included all trips relating to specific future "other developments" located within the vicinity of the site. Based upon the 7"' Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, Table 1 is provided to summarize the 2010 "other developments" trip generation. Table 1 "Other Developments" 2010Trip Ueneration Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT Twin Lakes Phase 10 230 Townhouse/Condo 71 units 8 28 36 30 17 46 464 Total 8 28 36 30 17 46 464 Haggerty Property 210 Single -Family Detached 76 units 16 47 63 53 31 84 760 230 Townhouse/Condo 224 units 26 87 113 94 53 147 1,466 Total 42 134 176 147 84 231 2,226 Figure 4 shows the 2010 background ADT and AM/PM peak hour traffic volumes at the intellection of Route 7/1-laggerty Connector Road. Figure 5 shows the corresponding 2010 background lane geometry and levels of service. All Synchro 7 levels of service worksheets are included in the Appendix section of this report. Table 2 is provided to show the 95th percentile back of queue and levels of service for each lane group during 2010 background conditions. A Traffic Impact Analysis of the Operation Crossing PH R+A Project Number: r 18, 2 1 8 November 18, 2005 Page 5 0 • • 0 0 No Scale �Q &e df4k e� L���1 �°t !7 T Mlle 'L ati c° r6 01 Goo° (697)13S1 674(1615 (9n)2S �► �� 18(6S) ) 1 ' ' G SITE ��a o er�� ao �rL N tit a ef. G �1 AM Peak Hour(PM Peak Hour) T7 T-), A , 00 Figure 4 2010 Background Traffic Conditions PR+AH A Traffic Impact Analysis of the Opeauon Crossing Project Number: 12617-1-0 November 18, 2008 Page 6 0 0 • No Scale Signalized Intersection Intersection" LOS=B(B) A(13) 7 Ajke 0 G�~ GQ� Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 5 2010 Background Lane Geometry and Level of Service PR+AH A Traffic Impact Analysis of the Opeguon Crossing Project Number: 12617-1-0 November 18, 2008 Page 7 40 0 0 C Table 2 Opequon Crossing Levels of Service and Back of Queue (95 %) Results 2010 Background Conditions Intersection Traffic Control Lane Group/ Approach AM Peak Hour PM Peak Hour LOS Back o ueue LOS ac c o Oneue Route 7 & Haggerty Road Signalized EB/T B 331.0 A 96.0 EB/TR EB LOS B A WB/L A 25.0 A 26.0 WB/T-Lanel A 97.0 B 391.0 WB/T-Lane2 WB LOS A B NB/LR B F 72.0 B 1 TO NB LOS B B Overall LOS B B Haggerty Rd & Site- Driveway/Haggerty Dr #2 Unsignalized EB/LR A 25.0 A 25.0 NB/LT A 25.0 A 25.0 SB/TR - - - - Haggerty Road & Haggerty Dr # 1 Unsignalized WB/LR A 25.0 A 25.0 NB/TR - - - - SB/L,T A 1 25.0 A 25.0 * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound, L: Left, T:Thru, R: Right PHf--'\+-A A Traffic Impact Analysis of the Opequon Crossinx Project Number: 12617-1-0 November 18, 2008 Page 8 • • TRIP GENERATION PHR+A determined the number of trips entering and exiting the site using equations and rates provided in the 7t1i Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report as well as using the rates provided by VDOT Staunton District for ITE Code 230. Table 3 was prepared to summarize the total trip generation associated with the proposed Opequon Crossing development. Table 3 Proposed Development: Opequon Crossing TOD Generation Summar Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 210 Single -Family Detached 155 units 29 88 118 100 59 159 1,550 230 Townhouse/Condo 170units 20 66 86 71 40 111 1,108 Total 49 154 204 171 99 270 2,658 TRIP DISTRIBUTION AND TRIP ASSIGNMENT • The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 6 to assign the Opequon Crossing trips (Table 3) throughout the study area roadway network. Figure 7 shows the respective development -generated AM/PM peak hour trips and ADT assignments. 0 2010 BUILD -OUT CONDITIONS The Opequon Crossing assigned trips (Figure 7) were added to the 2010 background traffic volumes (Figure 4) to obtain 2010 build -out conditions. Figure 8 shows the 2010 build -out ADT and AM/PM peak hour traffic volumes at key locations through out the study area roadway network. Figure 9 shows the respective 2010 build -out lane geometry and AM/PM peak hour levels of service. PHR+A has provided Table 4 to show the 95t" percentile back of queue and levels of service for each lane group during 2010 build -out conditions. All Synchro 7 levels of service worksheets are included in the Appendix section of this report. PR+AH A Traffic hnpact AnaNsis of the Opeguon Crossing, Project Number: 12617-1-0 November 18, 2008 Page 9 • 0 • • No Scale e 7 G° SITE 0 � r�P 4 d e�dLe P �j n n,n Figure 6 Trip Distribution Percentage PHIUA A Traffic Impact Analysis of die Onecntolt crossing Project Number: 12617-1-0 November 18, 2008 Page 10 0 El • • No Scale AM Peak Hour(PM Peak Hour) 1 i Figure 7 Development -Generated Trip Assignments PR+AH A 77-affrc Impact Analysis of the Opeaaon Crossing Project Number: 12617-1-0 Novcmber 18, 2008 Page I I 0 0 • • No Scale AM Peak Hour(PM Peak Hour) Figure 8 2010 Build -out Traffic Conditions PHR+A A Traffic Impact Analysis of the Openuon Crossing Project Number: 12617-1-0 November 18, 2008 Page 12 0 • 0 0 E Signalized "New Intersection Intersection" LOS=I3(13) No Scale 13(13) Unsignalized v s'4 Intersection i 7 Goo Oe' Goo �6 SITE 0 0 a f � ae,h rJ � oc jrL ° �Jx I d Unsignalized ~i Intersection Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 9 2010 Build -out Lane Geometry and Level of Service A Traffic Impact Anahasis of the Opequou Crossing Project Number: 12617-1-0 November 18, 2008 Page 13 • • 0 • Table 4 Opequon Crossing Levels of Service and Back of Queue (95%) Results 2010 Build -out Conditions Intersection Traffic Control Lane Group/ Approach AM Peak Hour PM Peak Hour LOS Back o ueue LOS Back o Oueue Route 7 & Haggerty Road Signalized EB/T C 462.0 A 146.0 EB/TR EB LOS C A WB/L B 38.0 B 83.0 WB/T-Lanel B 141.0 B 426.0 WB/T-Lane2 WB LOS B B NB/L,R C TT0.0 C 1 161.0 NB LOS C C Overall LOS B B Haggerty Rd & Site- Driveway/Haggerty Dr #2 Unsignalized EB/LR B 35.0 B 25.0 NB/LT A 25.0 A 25.0 SB/TR - - - - Haggerty Road & Haggerty Dr #1 Unsignalized WB/LR A 25.0 A 25.0 NB/TR - - - - SB/LT A 1 25.0 A I25.0 .r Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbouud, L: Left, T:Thru, R: Right PHf_�+_A A Traffic Impact Analysis of the Opequon Crossing, Project Number: 12617-1-0 November 18, 2008 Page 14 0 • • CONCLUSION Based upon Synchro 7 analysis results, all study area intersections of the proposed Opeduon Crossing will maintain level of service "C or better during 2010 build -out conditions. PHIS A Traffic Impact Analysis of the OPequon Crossing Project Number: 12617-1-0 November 18, 2008 Page 15 0 0 0 "SIX -YEARS AFTER" DEVELOPMENT 2016 TRAFFIC IMPACTS PHR+A applied an annual growth rate of 2% to the existing traffic volumes through Year 2016. Additionally, all trips relating to specific future "other developments" located within the vicinity of the site were included. The trip generation for the background development remains consistent with the Table 1 of "2010 background conditions" (Page 5). The Opequon Crossing development assigned trips (Table 3) were then added to the 2016 background conditions to obtain 2016 build -out conditions. Figure 10 shows the 2016 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure 11 shows the respective 2016 build -out lane geometry and AM/PM peak hour levels of service. Table 5 is provided to show the 95°i percentile back of queue and levels of service for each lane group during 2016 build -out conditions. All Synchro levels of service worksheets are included in the Appendix section of this report. PHP%_+_A A D-a/Fc IMpact Analysis of the Opeguon Crossing Project Number: 12617-1-0 November 18, 2008 Page 16 • • No Scale �°try s. ly APO III f 0 A ( (19)lS2I _ Si133) Z)SS` 1 1. e,{� yam, 6o 'b SITE 0 Ott" jL7y v J ec���9G 6 a AM Peak Hour(PM Peak Hour) DA _ 1 , Figure 10 2016 Build -out Traffic Conditions R+A A 7)ri/rc Impact Analysis of1he Opequon Crossing PProject Nomber: r 18, 20 8HNovember 18, 2008 Page 17 0 • • • Signalized "New Intersection' Intcrsectim�" LOS=C(Q No Scale 13(C) (A)C 7 Unsignalized Intersection 1G �y Nip got i7�e1 1�F�2 ` Gorc�c vl JIC 2> �► t�� pfke 7 �LP1P G��o� Oe' Goo SITE 0 06 �I• Gtot o�' 9 NUJ• dr Unsignalized i Lrtersection Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) _n, A Figure 11 2016 Build -out Lane Geometry and Level of Service PH A %Ta((ic Inuttt AaahsPs the Opequon Cross1-0 Project Number: r 18, 2 1 8 November 18, 2008 Page 18 • Table 5 Opequon Crossing Levels of Service and Back of Queue (95 %) Results 2016 Build -out Conditions Intersection Traffic Control Lane Group/ Approach AM Peak Hour PM Peak Hour LOS Back o ueue LOS ac c o Oueue Route 7 & Haggerty Road Signalized EB/T C 567.0 A 168.0 EB/TR EB LOS C A WB/L C 41.0 C 122.0 WB/T-Lanel B 166.0 C 570.0 WB/T-Lane2 WB LOS B C NB/LR C 182.0 C 103.0 NB LOS C C Overall LOS C C Haggerty Rd & Site- Driveway/Haggerty Dr #2 Unsignalized EB/L,R B 35.0 B 25.0 NB/LT A 25.0 A 25.0 SB/TR - - - - Haggerty Road & Haggerty Dr #1 Unsignalized WB/LR A 25.0 A 25.0 NB/TR - - - 1 - SB/LT A 1 25.0 A 1 25.0 * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound, L: Left, T:Thru, R: Right PHf- " A A Traffic Impact Analysis of the Opequon Crossing) Project Number: 12617-1-0 November 18, 2008 Page 19 0 • 2016 CONCLUSION • 0 Based upon Synchro 7 analysis results, all study area intersections of the proposed Opequon Crossing will maintain level of service "C" or better during 2016 build -out conditions. PR+AH A Traffic Impact Analysis of the Opequon Crossing Project Number: 12617-1-0 November 18, 2008 Page 20 0 • r: APPENDIX 0 9 0 Scoping Document 0 0 4 Administrative Guidelines ail TVirginia Department of Transportation 1Y January 29, 2008 PRE -SCOPE OF WORK MEETING FORM Information on the Project Traffic Impact Analysis Base Assumptions The applicant is responsible for having this form completed and returned to VDOT and the locality no less than three (3) business days prior to the meeting. If a completed form is not received by this deadline, the scope of work meeting may be postponed. Contact Information Consultant Name: Patton Harris Rust & Associates c/o Michael Glickman Tele: (301) 223-4010 E-mail: Michael.Glickman@phra.com Developer/Owner Name: Wayne L. Hill, The Ryland Group, Inc. Washington Division Tele: E-mail: Project Information Project Name: Opequon Crossing Project Location: Project is located south of Route 7 along the proposed Haggerty '(Attach regional and site s ecific location ma Connection Road in Frederick County Virginia g Project Description: Including type of application (rezoning, subdivision, site The Project includes 155 units of Single Family detached and 170 units of plan), acreage, business square Townhouse/Condo. ft, number of dwelling units, access location, etc. Attach additional sheet if necessary) Locality/County: Frederick County Proposed Use: (Check all that apply; attach Residential ❑ Commercial ❑ Mixed Use ❑ Other ❑ additional pages as necessary) Residential # of Units: Mixed Use: ITE LU Code(s): # Res. Units: ITE LU Code(s): 210 Single Family Detached (155 units) 230 Townhouse/Condo (170 units) Commercial Use Sq Ft: ITE LU Code(s): Commercial Use Sq Ft: Other: ITE LU Code(s): Page 1 of 6 Administrative Guidelines Am January 29, 2008 Traffic Impact Analysis Assumptions Study Period Existing Year: 2008 Build -out Year: 2010 Design Year: 2016 Study Area Boundaries North: Route 7 (Berryville Pike) South: (Attach map) East: Haggerty Connection West: External Factors That Could Affect Project (Planned road improvements, other nearby developments) Consistency With Comprehensive Plan Available Traffic Data (Historical, forecasts) Trip Distribution Road Name: Berryville Pike N S E 40 % W 60 % (Attach sketch) _% _% Road Name: N % S % E % W % Road Name: N % S % E % W % Road Name: N _% S _% E _% W _% Annual Vehicle Trip Peak Period for � PM Growth Rate: ° 2 /0 Study Circle all that apply) (7-9) (4-6) (9-�) 1. Route 7/Proposed Haggerty 5 Connection Road. 2. Haggerty Connection Road/Haggerty 6 Study Intersections and/or Road Segments Driveway #2/Site-Driveway 3. Haggerty Connection Road/Haggerty 7 (Attach additional sheets as necessary) Driveway#1 4. 8. Trip Adjustment Internal allowance: ❑ Yes Q No Pass -by allowance: ❑ Yes Z No Factors Reduction: % trips Reduction: % trips Software Methodology 0 Synchro ❑ HCS (v.2000/+) ❑ aaSIDRA ❑ CORSIM ❑ Other Traffic Signal Proposed or Affected (Analysis software to be used, progression speed, cycle length) Page 2 of 6 • Administrative Guidelines C. January 29, 2008 Improvement(s) Assumed or to be Considered Background Traffic Haggerty Property, Twin Lakes development. Studies Considered ❑ Master Development Plan (MDP) ❑ Generalized Development Plan (GDP) Plan Submission ❑ Preliminary/Sketch Plan ❑ Other Plan type (Final Site, Subd. Plan) Additional Issues to be CQ Queuing analysis ❑ Weaving analysis ❑ Merge analysis addressed ❑ Intersection(s) ❑ TDM Measures ❑ Other NOTES on ASSUMPTIONS: SIGNED: -- Applicant or Consultant PRINT NAME: Michael Glickman. PE Applicant or Consultant 0 DATE: 01/29/2008 Page 3 of 6 E • Administrative Guidelines • 0 No Scale Factory SITE i January 29, 2008 Figure I Vicinity Map: Village at Opequon in Frederick County, Virginia Page 4 of 6 • Administrative Guidelines • 0 0 No Scale 0n�k e 7 �G G° 106 SITE 0 w� erg r`�i d �j T-) T-), A Figure 2 Trip Distribution Percentage January 29, 2008 Page 5 of 6 Administrative Guidelines • Table 1 January 29, 2008 Code Land Use Amount AM Peak Hour PM Peak Hour ADT In Out Total In Out Total 210 Single -Family Detached 155 units 29 88 118 100 59 159 1,550 230 Townhouse/Condo 170 units 20 66 86 71 40 111 1,108 Page 6 of 6 Signalized Intersection "New Intersection" LOS=B(B) No Scale (13)�� 7 illy �- A�6 SITE AM Peak Hour (PM Peak Hour) 2010 Build -out Lane Geometry and Level of Service Signalized "New Intersection I Intersection" LOS=B(B) coh ofi �ti �G SITE *oft 41ftw A(B) y G� G� AM Peak Hour (PM Peak Hour) 2016 Build -out Lane Geometry and Level of Service n u Figure 1 Revised Build -out Lane Geometry and Level of Service • Table 1 Opequon Crossing Levels of Service and Back of Queue (95%) Results 2010 Build -out Conditions Intersection Traffic Control Lane Group/ Approach AM Peak Hour PM Peak Hour LOS JVa_ckiof ueue LOS Back o Oneue Route 7 & Haggerty Road Signalized EB/T-Lane 1 B 425.0 B 217.0 EB/T-Lane 2 EB/R A 25.0 A 49.0 EB LOS B B WB/L D 56.0 C 134.0 WB/T-Lane 1 A 102.0 B 388.0 WB/T-Lane 2 WB LOS A B NB/L D 173.0 C 115.0 NB/R A 48.0 A 26.0 NB LOS C C Overall LOS B B * Assumed 25 feet vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound, L: Left, T:Thru, R: Right Table 2 Opequon Crossing Levels of Service and Back of Queue (95 %) Results 2016 Build -out Conditions Intersection Traffic Control Lane Group/ Approach AM Peak Hour PM Peak Hour LOS Back of ueue LOS Back o Oueue Route 7 & Haggerty Road Signalized EB/T-Lane 1 B 516.0 B 218.0 EB/T-Lane 2 EB/R A 25.0 A 43.0 EB LOS B B WB/L D 56.0 D 138.0 WB/T-Lane 1 A 112.0 B 424.0 WB/T-Lane 2 WB LOS A B NB/L D 187.0 D 122.0 NB/R A 50.6 A 29.0 NB LOS C C Overall LOS B I B F ASSUmeCI 6J reel venlcle Lellgul EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound, L: Left, T:Thru, R: Right 0 • 0 Patton Harris Rust & Associates Fngrrrm„Is xir ,,,,.;rs PlcnneIs lrmdsc Tp,- Ar, hl , I,, PHIS CORPORATE VIRGINIA OFFICES Fredericksburg Harnsonburg _r�ezEr,Ig LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Williamsport PENNSYLVANIA OFFICE: Allentown T 540.667 2139 F 540.665.0493 1 17 Fast Piccadilly Street Suite 200 Winchester. VA 22601 19 November 2009 Mr. Michael Ruddy, AICP Frederick County Department of Planning and Development 107 N Kent St, Suite 202 Winchester, VA 22601 RE: Opequon Crossing Rezoning Application; Final Revision to 11/18/09 Proffer Statement Dear Mike, In accordance with the commitment made at the public hearing for the Opequon Crossing Rezoning Application, please find attached revised sheets 2 and 3 for the 11/ 18/09 Opequon Crossing Proffer Statement. The lone change was the addition of the final sentence to proffer 2.1 which states the following: Additionally, the Applicant .shall not make application for a building permit for any dwelling unit located on the Property for a minimum of 3 years following the date of final rezoning (DFR). This addition to the proffer acts as a sunrise clause to ensure that no dwelling units can commence construction of the site for at least 3 years. If you have any questions or would like to discuss further, please feel free to call me at (540) 667-2139. Sincerely, PATTON HARRIS RUST & ASSOCIATES Patrick R- Sowers, AICP Enclosure NOV 7 9 �000 LAND USE 1.1 No more than 325 dwelling units shall be constructed on the property. A maximum of 170 of the residential dwelling units constructed on the Property may be single family attached dwelling units. Multi -family dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial conformance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS. 2.1 Construction of the 325 residential dwelling units shall be phased over a three-year period commencing with the date of approval for the Final Master Development Plan. The Applicant shall not make application for more than 109 building permits for residential dwelling units for each 12 month period following the date of approval for the Final Master Development Plan. Additionally, the Applicant shall not make application for a building permit for any dwelling unit located on the Property for a minimum of 3 years following the date of final rezoning (DFR). 2.3 The above referenced phasing limitations shall be cumulative. Notwithstanding anything 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. PARKS AND RECREATION: 3.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 50`h building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-64 of the Frederick County Code. The recreation center shall be an enclosed clubhouse with a minimum finished floor area of 3,000 square feet. Additionally, the Applicant shall construct neighborhood swimming pools with a minimum water surface area of 3,500 square feet. The swimming pools shall be constructed concurrent with construction of the community center and shall be permitted to count towards the recreation requirements for the Property as required by the Frederick County Zoning Ordinance. Other recreation amenities shall be further defined at time of Master Development Plan. Page 2of8 3.2 The Applicant shall contribute to the County the sum of $1,970 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family detached unit. 3.3 The Applicant shall contribute to the County the sum of $1,507 per single family attached unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 3.4 The recreation building shall be owned and maintained by the homeowners association ("HOA") for the Property. 3.5 Use of the recreation building shall be made available to the residents of the adjacent Haggerty Property Subdivision provided the residents contribute on a pro rata basis toward operation and maintenance of the facility. 3.6 A trail system utilizing a 10' wide asphalt surface constructed to VDOT standards shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail system shall be provided, at minimum, along the proposed East-West Collector Road provided per Proffer 9.2 as well as the extension of Eddys Lane to connect with the adjacent Twin Lakes development to the South and shall be installed concurrent with construction of those roadways and also along the internal collector roadway to the Western Property boundary as depicted on the GDP. The HOA shall be responsible for the ownership and maintenance of the trail system. Public access easements shall be provided for the trail system to allow use of the trail system to the general public. FIRE & RESCUE: 4.1 The Applicant shall contribute to the County the sum of $713 per single family detached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the County the sum of $529 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. SCHOOL CONSTRUCTION: 5.1 The Applicant shall contribute to the County the sum of $18,494 per single family detached dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. 5.2 The Applicant shall contribute to the County the sum of $13,033 per single family attached dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. Page 3 of 8 Patton Harris Rust & Associates • PHIZn CORPORATE VIRGINIA OFFICES L-eSb 1 h�sr: LABORATORIES: Fr ed,, ICkcbl l MARYLAND OFFICES Balrin,ore Colurnbla FledeI,ck Germantown Hollywood Hunt Valley Williamsport PENNSYLVANIA OFFICE Allentown T 540.667.2139 F 540 665.0493 1 17 East Piccadilly Street Suite 200 Winchester. VA 22601 18 November 2009 Mr. Michael Ruddy, AIC' Frederick County Department of Planning and Development 107 N Kent St, Suite 202 Winchester, VA 22601 RE: Opequon Crossing Rezoning Application; Revised Final Proffer Statement — I I/18/09 Dear Mike, NOV 1 8 Please find attached an executed version of a revised final proffer statement dated November 18, 2009 for the Opequon Crossing rezoning application. We have revised Proffer 9.1 to increase the monetary proffer for off -site transportation improvements to $3,000 per single family attached dwelling unit and $5,000 per single family detached dwelling unit. This proffer revision provides for a monetary contribution of up to $1,285,000 which could be applied to any transportation improvement within Frederick County. The lone additional change to the proffer statement is clarification of Proffer 3.1 for the Recreation Center improvements. The revised Proffer Statement explicitly states that the recreation center will be an enclosed clubhouse with a finished floor area of 3,000 square feet and also that the minimum area of 3,500 square feet for swimming pools applies to the water surface area. We hope that you find these proffer changes acceptable and we look forward to presenting this final revised Proffer Statement to the Board of Supervisors at the public hearing scheduled for this evening. If you have any questions or would like to discuss further, please feel free to call me at (540) 667-2139. Sincerely, PATTON HARRIS RUST & ASSOCIATE S Patrick R Sowers, AIC' Enclosure 0 • LAND USE 1.1 No more than 325 dwelling units shall be constructed on the property. A maximum of 170 of the residential dwelling units constructed on the Property may be single family attached dwelling units. Multi -family dwelling units shall be prohibited. 1.2 The project shall be constricted in substantial conformance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS. 2.1 Construction of the 325 residential dwelling units shall be phased over a three-year period commencing with the date of approval for the Final Master Development Plan. The Applicant shall not make application for more than 109 building permits for residential dwelling units for each 12 month period following the date of approval for the Final Master Development Plan. 2.3 The above referenced phasing limitations shall be cumulative. Notwithstanding anything 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. PARKS AND RECREATION: 3.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 50"' building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-64 of the Frederick County Code. The recreation center shall be an enclosed clubhouse with a minimum finished floor area of 3,000 square feet. Additionally, the Applicant shall construct neighborhood swimming pools with a minimum water surface area of 3,500 square feet. The swimming pools shall be constructed concurrent with construction of the community center and shall be permitted to count towards the recreation requirements for the Property as required by the Frederick County Zoning Ordinance. Other recreation amenities shall be further defined at time of Master Development Plan. 3.2 The Applicant shall contribute to the County the sum of $1,970 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 8 3.3 The Applicant shall contribute to the County the sum of $1,507 per single family attached unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 3.4 The recreation building shall be owned and maintained by the homeowners association ("HOA") for the Property. 3.5 Use of the recreation building shall be made available to the residents of the adjacent Haggerty Property Subdivision provided the residents contribute on a pro rata basis toward operation and maintenance of the facility. 3.6 A trail system utilizing a 10' wide asphalt surface constructed to VDOT standards shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail system shall be provided, at minimum, along the proposed East-West Collector Road provided per Proffer 9.2 as well as the extension of Eddys Lane to connect with the adjacent Twin Lakes development to the South and shall be installed concurrent with constriction of those roadways and also along the internal collector roadway to the Western Property boundary as depicted on the GDP. The HOA shall be responsible for the ownership and maintenance of the trail system. Public access easements shall be provided for the trail system to allow use of the trail system to the general public. FIRE & RESCUE: 4.1 The Applicant shall contribute to the County the sum of $713 per single family detached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the County the sum of $529 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOL CONSTRUCTION: 5.1 The Applicant shall contribute to the County the sum of $18,494 per single family detached dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. 5.2 The Applicant shall contribute to the County the stun of $13,033 per single family attached dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. Page 3 of 8 0 ! Patton Harris Rust & Associates Engineers, Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street R+AWinchester, Virginia 22601 PH T 540,667.2139 F 540.665.0493 To: Organization/Company: From: Date Project Name/Subject: PHR+A Project file Number: cc: Mike Ruddy, AICP Frederick Coup Plannin Patrick Sowers, AIQ '— November 16, 2009 Opequon Crossing Memorandum Please find attached revised sheet 2 of the Opequon Crossing Proffer Statement dated November 9, 2009. To clarify the intent of the community, swimming pools proffer, we have revised Proffer 3.1 to state that the minimum 3,500 square foot area applies to "water surface area". If you have any questions, please feel free to call me at (540) 667-2139. 0 • 0 LAND USE 1.1 No more than 325 dwelling units shall be constructed on the property. A maximum of 170 of the residential dwelling units constructed on the Property may be single family attached dwelling units. Multi-fannily dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial conformance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS. 2.1 Construction of the 325 residential dwelling units shall be phased over a three-year period commencing with the date of approval for the Final Master Development Plan. The Applicant shall not make application for more than 109 building permits for residential dwelling units for each 12 month period following the date of approval for the Final Master Development Plan. 2.3 The above referenced phasing limitations shall be cumulative. Notwithstanding anything 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. PARKS AND RECREATION: 3.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 50`i' building pen -nit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-64 of the Frederick County Code. The recreation center shall be an enclosed clubhouse with a minimum finished floor area of 3,000 square feet. Additionally, the Applicant shall construct neighborhood swimming pools with a mininnum water surface area of 3,500 square feet. The swimming pools shall be constructed concurrent with construction of the community center and shall be permitted to count towards the recreation requirements for the Property as required by the Frederick County Zoning Ordinance. Other recreation amenities shall be further defined at time of Master Development Plan, 3.2 The Applicant shall contribute to the County the sum of $1,970 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a building pen -nit for each single family detached unit. Page 2of8 • • Patton Harris Rust & Associates Memorandum Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PH A Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Mike Ruddy, AICP Organization/Company: Frederick County Planning From: Patrick Sowers, AICP.' Date: November 13, 2009 Project Name/Subject: Opequon Crossing PHR+A Project file Number: 13079-3-0 cc: Please find attached revised sheet 2 of the November 9, 2009 0pequon Crossing proffer statement. Proffer 3.1 has been revised to clarify that the community center is intended to be an enclosed clubhouse and that the minimum size of 3,000 square feet is for "finished floor area". Feel free to call me with any questions. 0 • 1. LAND USE 1.1 No more than 325 dwelling units shall be constructed on the property. A maximum of 170 of the residential dwelling units constructed on the Property may be single family attached dwelling units. Multi -family dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial conformance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS. 2.1 Construction of the 325 residential dwelling units shall be phased over a three-year period commencing with the date of approval for the Final Master Development Plan. The Applicant shall not make application for more than 109 building permits for residential dwelling units for each 12 month period following the date of approval for the Final Master Development Plan. 2.3 The above referenced phasing limitations shall be cumulative. Notwithstanding anything 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. PARKS AND RECREATION: 3.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 50"' building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-64 of the Frederick County Code. The recreation center shall be an enclosed clubhouse with a minimum finished floor area of 3,000 square feet. Additionally, the Applicant shall construct neighborhood swimming pools with a minimum surface area of 3,500 square feet. The swimming pools shall be constructed concurrent with construction of the community center and shall be permitted to count towards the recreation requirements for the Property as required by the Frederick County Zoning Ordinance. Other recreation amenities shall be further defined at time of Master Development Plan. 3.2 The Applicant shall contribute to the County the sum of $1,970 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a building pen -nit for each single family detached unit. Page 2 of 8 Patton Harris Rust & Associates Engineers Surveyors Planners landscape Archllecis 1mi CORPORATE: Chantilly VIRGINIA OFFICES: Chantilly Charlottesville Fredericksburg Harrisonburg •Leesburg Newport News Norfolk Winchester Woodbridge LABORATORIES' Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Williamsport PENNSYLVANIA OFFICE. Allentown T 540,667.2139 F 540.665.0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 • 9 November 2009 Mr. Michael Ruddy, AICP Frederick County Department of Planning and Development 107 N Kent St, Suite 202 Winchester, VA 22601 RE: Opequon Crossing Rezoning Application; Revised Proffer Statement — 11 /9/09 Dear Mike, NOV 9 2009 r _i Please find attached an executed version of a revised proffer statement dated November 9, 2009 for the Cipequon Crossing rezoning application. The revisions are in keeping with the modifications we discussed when we met on November 6 and are as follows: 1. Proffer 2.1 has been revised to trigger the minimum 3 year phasing plan upon the approval date of the Final Master Development Plan. Previously, the date of final rezoning was used as the trigger mechanism. 2. Proffer 3.1 has been revised to require the recreation building and neighborhood swimming pools to be constructed prior to issuance of the 50`h building permit (previously proffered at 150 building permits). The proffer now also specifies a minimum square footage for the recreation center (3,000 square feet minimum) and community pools area (3,500 square feet minimum) to ensure these facilities are adequately sized for the development. 3. Proffer 3.6 has been revised to include an additional area to the proposed trail system which is now depicted on the GDP. The additional trail area will connect to the western property boundary and run along the south side of the internal collector road. This will provide the opportunity for a more integrated trail system in the future. Additionally, a provision has been added to require public access easements for the trail system to permit access by the general public. 4. Proffer 9.2 has been revised to allow for a right of way dedication for the East- West Collector Road of up to 120 feet (previously proffered at 100 feet). The additional right of way ensures that turn lanes and/or pedestrian systems will be accommodated. The right of way width is also proffered to be determined by Frederick County and VDCIT. 5. Proffer 9.5 has been revised to provide for a right of way reserve area that is up to 56 feet in width (previously proffered at 54 feet). This right of way width was increased to match the width of the public roadway planned to cul- de-sac within the adjoining Fieldstone Property to the west to ensure continuity in the road network should the roadway systems ever be connected. 0 • 6. The GDP has been revised to indicate the areas for the hiker/biker trail as provided by Proffer 3.6. The revised GDP also shifts the alignment of the right of way reserve area for the western interparcel connector provided by Proffer 9.5. This right of way reserve area was realigned to allow for a through movement through the internal collector roadway should a connection ever be made to the property to the west. To aid in your review of the revised proffer statement, I have also attached a redlined version which highlights the changes. If you have any questions or would like to discuss further, please feel free to call me at (540) 667-2139. P R+ U Sincerely, PATTON HARRIS RUST/)ASSOCIATES Patrick R. Sowers, AICP Enclosure 0 E 0 0 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. P R+A 117 East Piccadilly Street H Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Mike Ruddy, AICP Organ izationlCompany: Frederick County Planning and Development From: Patrick Sowers Date: October 12, 2007 Project Name/Subject: Opequon Crossing Rezoning Application Please find attached the completed rezoning application materials for the Opequon Crossing Rezonvng application including all requited agency comments. I have also provided the application fee it the amount of $10,065.00. Feel free to call if you have any questions. Thanks. PRS OCi r_00 i OCT 1 0 2C01 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING 2009 APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) ,ONING APPLICATION #12-07 FOR OPEQUON CROSSING f the Frederick County Board of Supervisors, you are hereby notified of a public hearing )n Wednesday, November 18, 2009, at 6:00 p.m. in the Board Room of the Frederick ministration Building at 107 North Kent Street, Winchester, Virginia to consider the )plication: 12-07 of Opequon Crossing, submitted by Patton Harris Rust & Associates, to rezone from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for ngle family attached and detached residential units. The property is located south of the sinus of Eddy's Lane (Route 820), approximately 2,400 feet south of Route 7 and 1,650 feet quon Creek, in the Red Bud Magisterial District, and is identified by Property Identification A-210. ie application will be available for review at the Handley Library and the Bowman Library the meeting, or at the Department of Planning and Development located at 107 North Kent inchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: derick.va.us. Ruddy, AICP ming Director 107 North Kent Sheet, Suite 202 • Winchester, Virginia 22601-5000 This is to cent' t the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, irg' a: 55 - A- - 210- THECANYON CIO DAVE HOLLIDAY CONSTR INC 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601.6435 Patton Harris Rust Associates, PC 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 55 - A- - 209- TOLL VA IV LP 19775 BELMONT EXECUTIVE PLZ ASHBURN VA 20147.7600 55 -4- - 4-A ROBERTS KATRINA LEWIS 1004 CLARK ST STARKE FL 32091-2125 55 - A- - 165- VALLEY MILL FARM LC 8739 CST CHESAPEAKE BEACH MD 20732.9235 55 -A- -181- ARCADIA DEVELOPMENT CO PO BOX 5368 SAN JOSE CA 95150.5368 STATE OF VIRGINIA COUNTY OF FREDERICK Planning Director - Clarke County 101 Chalmers Court, Suite B Berryville, VA 22611 Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department a Notary Public in and for the State and County aforesaid, do h eby certify that Mic el T. Ruddy, Deputy Planning Director for the Department of Plarm d Development, whose name is signed to the foregoing, dated J () /� , has personally appeared before me and acknowledged the same in my State'and County aforesaid. Given under my hand this b day of �C��� DD My commission expires on BEVERLY H. DELL GER NOTE' ID # 331878 COMMO WEA 7HpUB IVIRGI MY COMM11810N �kPIRNIA RI JOLW 31 NI 1 NOTARY'� - : �' L� 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 9, 2009 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #12-07 FOR OPEQUON CROSSING On behalf of the Frederick County Plaiming Commission, you are hereby notified of a public hearing being held on Wednesday, October 21, 2009, 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 912-07 of Opequon Crossing, submitted by Patton Harris Rust & Associates, to rezone 70.15 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for up to 325 single family attached and detached residential units. The property is located south of the existing terminus of Eddy's Lane (Route 820), approximately 2,400 feet south of Route 7 and 1,650 feet west of Opequon Creek, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-210. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Plamling and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: v,-ww.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 the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 55 - A- - 210- THECANYON CIO DAVE HOLLIDAY CONSTR INC 420 W JUBAL EARLY OR STE 103 WINCHESTER VA 22601-6435 Patton Harris Rust Associates, PC 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 55 - A- - 209- TOLL VA IV LP 19775 BELMONT EXECUTIVE PLZ ASHBURN VA 20147.7600 55 -4- - 4-A ROBERTS KATRINA LEWIS 1004 CLARK ST STARKE FL 32091.2125 55 - A- - 165- VALLEY MILL FARM LC 8739 CST CHESAPEAKE BEACH MD 20732.9235 55 - A- - 181- ARCADIA DEVELOPMENT CO PO BOX 5368 SAN JOSE CA 95150.5368 STATE OF VIRGINIA COUNTY OF FREDERICK Planning Director - Clarke County 101 Chalmers Court, Suite B Berryville, VA 22611 ice/ J Michael T. Ruddy, Deputy PlanningZzor Frederick County Planning Department -e' 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 C)j j-c,h� y _� �p cam, has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this '1 day of Q C ,' 0 4t_r j My commission expires on 7S_IUQ 1_ 30 a D I C) NOTAJ�� I I DIANE L. WALSH NOTARY PUBLIC -REGISTRATION # 364475 COMMONWEALTH OF VIRGINIA I MY COMMISSION EXPIRES JUNE 30, 2012 �-- Id, O Pica--W �A_SSr11 n TO:BARBARA-DATA PROCESSING I (A) -14- ��—� � � o� %b 1,..,.: FROM : BEV - PI nning Dept. Adjoining Property Owners — Opequon Crossing PleaI-P, rint sets of lab�els_by � P5 THANKS! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: Toll VA IV LP 21630 Ridgetop Cir Ste 130 Property #: 55-A-209 Dulles, VA 20166 Name: #: Toll VA IV LP 55-A-211 ✓ 21630 Ridgetop Cir Ste 130 Dulles, VA 20166 -Property Name: Property #: Alicia F. Grey 55-4-4A `-' 1201 Bonaventure Ave Green Cove Springs, FL 32043 Name: Property #: The Canyon, LC 55-A-212 , ✓ 420 W Jubal Early Dr Ste 103 Winchester, VA 22601 Name: Property #: Valley Mill Farm LC 55-A-165D 4%! 8705 C Street Chesapeake Beach, MD 20732 Name: Arcadia Development Co. P.O. Box 5368 Property #: 55-A-181 i-X San Jose, CA 95150 Name: Property #: Name: Property #: Name: Property#: Name: Property #: Name: Property#: Name: Property #: Name: Property #: Name: Property #: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING October 26, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #12-07 FOR OPEQUON CROSSING On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, November 7, 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 #12-07 of Opequon Crossing, submitted by Patton Harris Ruse & Associates, to rezone 70.15 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for up to 325 single family attached and detached residential units. The property is located south of the existing terminus of Eddy's Lane (Route 820), approximately 2,400 feet south of Route 7 and 1,650 feet west of Opequon Creek, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-210. 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, 1 Michael T. Ruddy, AICP Deputy Planning Director MRT/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK 1, , 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 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC C?, -0- gr-* 7? RA bATA PROCESSING ��� _a I© FROM: - Pic Dept. Please prineo Adjoining Property Owners — Opequon Crossing �� a3 f labels by HANKS! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: Toll VA IV LP 21630 Ridgetop Cir Ste 130 Property #: 55-A-209 Dulles, VA 20166 Name: Toll VA IV LP 21630 Ridgetop Cir Ste 130 Property #: 55-A-211 Dulles, VA 20166 Name: Alicia F. Grey 1201 Bonaventure Ave Property #: 55-4-4A Green Cove Springs, FL 32043 Name: The Canyon, LC 420 W Jubal Early Dr Ste 103 Property #: 55-A-212 Winchester, VA 22601 Name: Valley Mill Farm LC 8705 C Street Property #: 55-A-165D Chesapeake Beach, MD 20732 Name: Arcadia Development Co. P.O. Box 5368 Property #: 55-A-181 San Jose, CA 95150 Name: rVJC:1-i4J _E 1291 VALt-C— M1L_L_ �_CA6 Property #: 55-A- IG`G w Ncr;E..S-,, „A 2 6 1 Name: Property #: Name: Property #: Name: Property #: Name: Property #: Name: Property#: Name: Property#: Name: Property #: (N ei vLP-� `-tom r Crrc� SS�� COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 26, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #12-07 FOR OPEQUON CROSSING On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, November 7, 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 #12-07 of Opequon Crossing, submitted by Patton Harris Rust & Associates, to rezone 70.15 acres from RA (Rural Areas) District to RP (Residential Performance) District, with proffers, for up to 325 single family attached and detached residential units. The property is located south of the existing terminus of Eddy's Lane (Route 820), approximately 2,400 feet south of Route 7 and 1,650 feet west of Opequon Creek, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-210. 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 ffM11 1161MI 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on ( :1 from the Department of Planning and Development, Frederick County, Virginia:55 - A- - 181- 55 - A- - 210- ARCADIA DEVELOPMENT CO THE CANYON PO BOX 5368 420 W JUBAL EARLY DR STE 103 SAN DOSE CA 95150.5368 WINCHESTER VA 22601-6435 55 - A- - 165-C MCHALE MATTHEW C & KATHERINE M Patton Harris Rust Associates, PC 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 55 - A- - 209- TOLL VA IV LP 21630 RIDGETOP CIR STE 130 DULLES VA 20166.6564 55 - 4- - 4-A GREY ALICIA F 1201 BONAVENTURE AVE GREEN COVE SPRINGS FL 32043.2603 55 - A- - 165- VALLEY MILL FARM LC 1291 VALLEY MILL RD WINCHESTER VA 22602.6905 Planning Director - Clarke County 102 N. Church Street Berryville, VA 22611 8739 C ST �. . CHESAPEAKE BEACH MD 2073M235 t ichael T. Ruddy, Deputy Planning,Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK o a Notaiy Public in and for the State and County aforesaid, do reby certify that Michii6l T. Ruddy, Deputy Planning Director for the Department of Plannin and Development, whose name is signed to the foregoing, dated C) , has personally appeared before me and acknowledged the same in my State kid Co ty aforesaid. Given under my hand this day of My commission expires on i s NOTARY ID #E3311�878� k NOTARY PUBLICNOTARY (r COMMO WEALTHUOFIVIRGINIA MY COMMISSION EXPIRES JULY31,2011 1-�' --X5-2 R a 1:- D P Ec\)Cca,) '0 1 rJ 4 5-�5-- ft Q I o.,-' Adjoining Property Owners — Opequon Crossing WO:BARBARA-DATA PROCES FROM:BEV - Pla Wing Dept SING Please prin sets of labels by HANKS! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Comrrrissioner of Revenue. The Commissioner of the Revenue is located on the 2" d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: Toll VA IV LP 21630 Ridgetop Cir Ste 130 Property #: 55-A-209 L! Dulles, VA 20166 Name: Toll VA IV LP 21630 Ridgetop Cir Ste 130 Property#: 55-A-211 -/' Dulles, VA 20166 Name: Alicia F. Grey 1201 Bonaventure Ave Property#: 55-4-4A v>�' Green Cove Springs, FL 32043 Name: The Canyon, LC 420 W Juba[ Early Dr Ste 103 Property#: 55-A-212 Winchester, VA 22601 Name: Valley Mill Farm LC 8705 C Street Property#: 55-A-165D A ,7 Chesapeake Beach, MD 20732 Name: Arcadia Development Co. P.O. Box 5368 Property #: 55-A-181 /� San Jose, CA 95150 Name: (VIC "!:I t--6 1 2-`il VAl_t e'l , I )L.L- Pro ert #: 55 A- Ib-SC- WiNC}iGS-(5f: V'\?'!66' Name: Property#: Name: Property#: Name: Property#: Name: Property #: Name: Property #: Name: Property #: Name: Property #: Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Mark Dana Eric Mike—) John COMMENTS: Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd 4OF REZONING POD14C HEARING Frederick County Adlnini%traf lon 'AMP 1(1]) n I 1'7j 13 2-030 E IV 4w ^Wpm", REZONING PUBLIC HEARING Board Room Frederick County Administration Building 665m5651 t4 Or' :E:L6