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HomeMy WebLinkAbout004-07 Haggerty Property - Proffer Modification - Red Bud - BackfileRECEIVED FROM ADDRESS ,-A 1 U FOR J FOR TE L U% N0.7 0 3 2 t V611, 1 .2.? 4 It- DOLLARS $ AMT. OF ACCOUNT CASH AMT. PAID V CHECK BALANCE DUE MONEY ORDER BY 'PC /Q t DATE 3%-�, )v i - REZONING TRACKING SHEET Check List: Fee & Sign Deposit Application Form Deed Proffer Statement Plat/Survey Impact Analysis Taxes Paid Statement Adjoiner List Impact Model Run Application received/file opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing 1 location map ordered from Mapping 3 •,;Z7" 07 P$t— File given to office manager to update Application Action Summary '�5-/ PC public hearing date ACTION: / — Q 7. BOS public hearing date ACTION: Signe&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.) Action letter mailed to applicant i% Q Reference manual and D-base updated / / 7 File given to office manager to update Application Action Summary (final action) 0 File given to Mapping/GIS to update zoning map Zoning map amended U \Carol\Commonurackmg ru Revised 05/09102 Jun-12-2007 01:02pm From-540 635 7004 540 635 7004 T-622 P.002/002 F-425 .1. I)ANIE1, POND 11 EM4131P RLY M. KI'HLY CLITTo1ID L. K11FIEMIL j, DANICL 110ND III JOHN S, 1317) 1 POND, A.TI1EY, A.THC,Y & POND, P.C. ATPORNEYi q A C LAW 35 N. ROYAL- AVENUE P.O. BOX 1�95 FRONT ROYAL., V1RCMM 22630 Fax: (540) 667-0370 John Riley County Administrator, 107 N Kent Street Winchester, Virginia Dear John: JuRe 12, 2007 County of Frederick 22601 PH ONE (540) 635-21 Xy FAX (.54o) 68.5-7004 1nwytrh@P0nc1-A1CyhkW -Mn 1 PLCA5r REPLY TO: P.O. II(A 395 Pursuant to our telephone conversation this morning, I represent Carriage Place L.L.C. with respect to the following item scheduled for Public Bearing at the June 13, 2007 meeting of the Board of Supervisors. "Rezoning #04-07 for the Haggerty Property Proffer Revisions, Submitted by Patton Harris Ruse ni & Associates, to Revise Proffers Associated with Rezoning #14,04, which Resulted in the Rezoning of 111.56 Acres to RP (Residential Performance) District. The Proffer Revisions Propose Modifications to the Transportation Program Previously Approved by the County. The Properties are Located Adjacent and East of Eddys Lane (Route 820), Approximately Three .Miles East of Winchester and 1,500 Feet South of Route 7. The Subject Site is Further Located Adjacent and South of the Opequon Wastewater `Treatment Plan Property and Adjacent and West of Opequon Creek, which Forms the Boundary of Clarke County, The Properties are Identified by Property Identification Numbers (PINS) 55-A-212 and 55-A-212A and are Located in the Red Bud Magisterial District." By this letter, I request, on behalf of )ny client, that [he aforementioned matter be postponed and readvertized for a Public hearing io be held on July 25, 2007 during the regularly scheduled meeting of the Frederick County Board of Supervisors. As you know, my client is making some modifioations to the proposed plan in order to accommodate the Counry's current Eastern Road Plan as a result of Mr. Stafford's decisions not to sell the off -site right-of-way which would have permitted a modification thereto. Sincer;Ly 4 Clif . t may, Jr. Mike Ruddy From: Patrick R. Sowers [Patrick.Sowers@phra.com] Sent: Tuesday, June 12, 2007 9:42 AM To: 'Mike Ruddy' Cc: 'Eric Lawrence'; 'Clay Athey (E-mail)' Subject: RE: Carraige Park & Haggerty Rezonings Mike, We will be modifying both the Haggerty and Carriage Park applications now that the Valley Mill Connector through Carriage is apparently no longer an option. I met with Phil Lemieux, Scott Alexander, and Jerry Copp yesterday in hopes of coming to some sort of consensus about how we move forward. We will also be requesting to delay the vote from tomorrow night's meeting to allow us time to submit revised proffers for both properties. I would like to discuss changes to the application with you later this afternoon if you are available. Would 4:00 work for you? Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com -----Original Message ----- From: Mike Ruddy[mailto:mruddy@co.frederick.va.us] Sent: Monday, June 11, 2007 3:15 PM To: Patrick Sowers Cc: Eric R. Lawrence Subject: Carraige Park & Haggerty Rezonings Hi Patrick: In preparation for Wednesday's Board meeting, I am available to meet with you to discuss the above applications and any changes you may be inclined to make to the applications in light of the correspondence received from the Stafford's. Hopefully, my expectation would be to recognize areas of agreement and simplify the focus to issues still outstanding. Let me know if you need to get together. Thanks. Mike. 1 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. PH RA117 East Piccadilly Street Winchester, VA 22601 T 540,667.2139 F 540.665.0493 To: Organization/Company: Address: Telephone Number: Date: From: Project Name/Subject: Via: Quantity 1 COPS' Notes: Mike Ruddy Frederick County Planning Transmittal May 16, 2007 Patrick Sowers Haggerty Rezoning Internal Project File #: File # Date Description Revised Proffers Received by: Date: Transmitted ® Herewith ❑ Under separate cover Material ❑ Originals ® Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ® Your Use ❑ Your Files ❑ Approval ❑ Please Return: Corrected Prints ❑ Please Submit: Revised Prints C3 r, � o� 0 0 V PROPOSE[ O FCSA REGN pumP �CT i1� Ir 11 HAGGERTY PROPERTY RZ 14-04 TRANSPORTATION PLAN FREDERICK COUNTY, VIRG/N/A Vq 0 r i o� o y I( l DENOTES GENERALIZED OPEN SPACE LAYOUT Patton, Harris, Rust & Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 r iu urtc J � o VALLEY `1 FERVERESERVATIONPARCELS AREA FOR NECTION TO LLEY MILL ROAD \� a � ADAMS PROPERTY PROPOS CREATION HAGGERTY CENTER LOCA 1 �l TWIN LAKES ROAD WORK P a t t o n H a r r i s Rust & Associates GENERALIZED DEVELOPMENT PLAN Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 The Village RAWinchester, Virginia 22601 T 540.66.2139 at O p e q u o n F 540PH.665.04930493 AREA SCALE: 1 " = 500' 1 DATE: 4/10/07 1 4 CS' V4 L— - — TY EffrY lic IN - ir— 'ZM !Y' 0,- PROPOSED- 0AL UM PR 110 0- 8 Z It A.Aimaell r�l :T-W M�Exy YIYTHERZ K �� %D� ,��` i , ) `I`r �_�� fr j(It�� =DENOTES GENERALIZED OPEN SPACE ........... HA G GD? T)l PROPERTY Patton, Harris, Rust & Associates F--) v PROPOSED TRANSPORTATION PLAN 117 E. Picadily St. Winchester, Virginia 22601 U) r." 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Piccadilly St., Ste.200 Winchester, VA 22601 RE: REZONING 904-07, PROFFER AMENDMENT — HAGGERTY PROPERTY Dear Patrick: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of July 25, 2007. The above -referenced application was approved to amend the proffers associated with Rezoning #14-05, as they pertain to the transportation improvements previously approved by the County. The approved Proffer Statement contains revisions dated July 17, 2007. The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are identified with Property Identification Numbers 55-A- 212 and 55-A-212A in the Red Bud Magisterial District. The proffer that was approved as a part of this rezoning application is unique to the above referenced properties 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, Eric R. Lawrence, AICP Planning Director ERL/bad Enclosures cc: The Canyon, LC, PO Box 3276, Winchester, VA 22601 Philip A. Lemieux, Red Bud Magisterial District Supervisor Gregory Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 REZONING APPLICATION #04-07 PROFFER AMENDMENT - HAGGERTY PROPERTY Staff Report for the Board of Supervisors Prepared: July 13, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 05/02/07 Recommended Approval Board of Supervisors: 05/23/07 Tabled to 6/13/07 06/13/07 Tabled to 07/25/07 07/25/07 Pending PROPOSAL: To amend the proffers associated with Rezoning #14-05, as they pertain to the transportation improvements previously approved by the County. LOCATION: The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-212 and 55-A-212A PROPERTY ZONING: RP (Residential Performance) with Proffers (RZ14-04) PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Wastewater Treatment Plant South: RA (Rural Area) Use: Vacant/ Agricultural East: Clarke County Use: Agricultural West: RA (Rural Area) Use: Vacant/Agricultural RP (Residential Performance) Vacant (Twin Lakes) Rezoning #04-07 — Proffer Amendment - Haggerty Property Page 2 July 13, 2007 REVIEW EVALUATIONS: Virginia Department of Transportation: VDOT has provided several comments on the various submissions of this application and Proffer Statement. At this time a comment has not been received from VDOT on the revised application submitted to the County on July 3, 2007, and modified on July 10, 2007. Fire Marshall: Plan approval recommended. Department of Inspections: Shall require 100 year flood plain elevation to be established on any future subdivision plan. No additional comments at this time. Department of Public Works: Refer to paragraph 10.2iii: The statement "if they decide..." conflicts with paragraph 10.4 where the HOA is required to provide curbside trash collection. Delete the latter part of paragraph 10.2iii "if they... company". Frederick -Winchester Service Authority: Our first comment is in reference to Section 11, Water and Sewer, Subparagraph 11.4, regarding the applicant's proffer to install a water main to a point of connection with the Frederick -Winchester Service Authority's Opequon sewer plant property line. Under an agreement approved by the Frederick -Winchester Service Authority Board, the water main would be extended and tied into the existing onsite water system which would require an extension well beyond the Opequon's westerly property line. Our other comment is with regard to the applicant's change (downgrading) of the roadway system from urban undivided (U2) to rural undivided (R2). Our concern is that, with the new entrance to the Opequon facility coming off of the new collection road, there will be significant truck traffic entering and leaving the facility. We believe a left turn lane is critical. In closing, so that you are aware of the requirements of the applicant to the Frederick -Winchester Service Authority, I have attached prior correspondence outlining those conditions. I will also note that, as of this date (1/3/07), we have not received a formal submittal regarding the entrance to the Opequon facility, although I have met with your firm to discuss options prior to your submittal of this proffer statement. Sanitation Authority Department: We will provide sewer and water service to this site. Department of Parks & Recreation: No comment. 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 patter from the North. Frederick County Attorney: Mr. Mitchell was provided with the latest proffer statement submitted on July3, 2007. His comments are pending. Rezoning #04-07 — Proffer Amendment - Iaggerty Property Page 3 July 13, 2007 Frederick County Public Schools: Based on the information provided, it is important that improvements to the transportation system in this undeveloped part of Frederick County be completed prior to the issuance of building permits. Transporting large numbers of students in and out of areas with high density housing has become increasingly difficult. The impact of this project on current and future school needs should be considered during the approval process. Planning & Zoning: 1) Site History On February 9, 2005, the Frederick County Board of Supervisors approved Rezoning #14-04 for the Haggerty Property. Specifically, this request was to rezonel 11.56 acres from RA (Rural Areas) to RP (Residential Performance) with proffers which enabled the development of up to 300 single family detached and single family attached housing units. The request also contained significant transportation proffers which supported a revised Eastern Road Plan and relocated Valley Mill Road. Due to several transportation issues, PHR&A, on behalf of various property owners including this applicant, approached the County in December 2006 to request consideration of a revision to the Frederick County Eastern Road Plan. The issues the request sought to address included; inconsistencies between the Haggerty Master Development Plan submitted to the County and the Proffers and Generalized Development Plan approved by the County as part of Rezoning #14-04, concerns regarding access to the Carriage Park project identified during the Planning Commission's review of this project, the relocation of Valley Mill Road in a manner consistent with the Eastern Road Plan, access to the properties along Eddy's Lane, and the continued recognition of the need to avoid the one -lane bridge over Abrams Creek. PHR&A provided an initial analysis in support of the request. Jointly, Frederick County and VDOT responded by providing guidance regarding what additional information should be provided to allow for a thorough review of the request by VDOT and the County. Since that time, the County received no additional information regarding the modification to the Eastern Road Plan. It is recognized that the various development applications have chosen not to j ointly pursue a revision to the Eastern Road Plan and a comprehensive approach to evaluating the area transportation improvements; rather each property is pursuing changes to the County's planned transportation network through their individual rezoning requests. 0 Rezoning #04-07 — Proffer Amendment - Haggerty Property Page 4 July 13, 2007 2) Request to amend Proffers This is a request to amend the proffers associated with Rezoning # 14-05, as they pertain to the transportation improvements previously approved by the County. The evaluation of this request should carefully consider the relationship between this project and several other projects in the vicinity of this property that are at various stages of review and consideration. Transportation improvements designed to implement the County's long range transportation plan, the Eastern Road Plan, should be of paramount importance. Any modifications to the transportation program should continue to advance the County's long range transportation plan. It is required that rezoning requests provide transportation impact analyses to demonstrate that the transportation impacts of a request are mitigated and the transportation improvements proposed are consistent with the County's long range transportation planning efforts. This current request does not provide a transportation impact analysis. No evaluation has been provided to demonstrate any attributes that this proposed modification may have on the transportation network in this critical area of the County. Approved transportation improvements (RZ#14-04) ■ The construction of a collector road, the spine road, which would provide direct access from the project to Route 7. This collector road shall be constructed from Route 7 to the southern property line within a sixty foot right-of-way as an urban undivided (U2) cross section with a center turn lane. This is a similar typical section to that of the recently upgraded Aylor Road. ■ The construction of all necessary improvements at the intersection of the spine collector road and Route 7 to complete the crossover at this location, including the signalization of this intersection. ■ Provisions for the future construction of an east -west road that will connect to the spine collector road. ■ The construction of an entrance on the spine collector road for the Opequon Regional Wastewater Facility. ■ The dedication of the right-of-way for Route 37. ■ The construction of a landscape screen on a 20 foot easement adjacent to the Route 37 right-of-way. 2005 Revision to the Eastern Road Plan The Frederick County Eastern Road Plan was revised in 2005 in reflection of the approved road network promoted by the Haggerty project and the need to relocate the critical east west collector road, Valley Mill Road, in a manner which enhanced the road network provided by the Haggerty rezoning. The designation of this east -west major collector road has yet to be recognized by the revised Haggerty rezoning proffer and the various other projects under review in this area. This is a critical connection designed to enable vehicle trips to make the east -west movement without impacting the capacity of Route 7 and Senseny Road intersections and corridor. Rezoning #04-07 — Proffer Amendment - Haggerty Property Page 5 July 13, 2007 Proposed transportation improvements (Changes in Bold) (RZ#04-07; Proffer Statement Dated July 10, 2007) ■ The construction of a collector road, the spine road, which would provide direct access from the project to Route 7. This collector road shall be constructed partly within an eighty foot right-of-way and partly within a sixty foot right-of-way parallel to the Route 37 right-of-way as a rural undivided (112) cross section, and partly within the planned right-of-way of Route 37. The collector spine road would transition from a R2 cross section to the typical Route 37 cross section upon entering the Route 37 right-of-way. The spine collector road shall be constructed from Route 7 to the southern property line. ■ The construction of all necessary improvements at the intersection of the spine collector road and Route 7 to complete the crossover at this location, including the signalization of this intersection. ■ Provisions for a 90' reservation area to construct the southern two lanes of an east west collector road, planned ultimately to be an urban four lane divided road within an 80' right-of-way, and the provision of a landscape buffer or road efficiency buffer adjacent to this road. This roadway shall be constructed prior to the issuance of the 225"' building permit. (Tivo alternate approaches have been proffered by theApplicant. The design and location of this east- ►vest major collector road should be addressed in consideration of the issues identified ill the following section). ■ The construction of an entrance on the spine collector road for the Opequon Regional Wastewater Facility. ■ The dedication of the right-of-way for Route 37. ■ The construction of a landscape screen on a 20 foot easement adjacent to the Route 37 right-of-way (This should be reevaluated in light of the removal of the spine collector road from the area immediately adjacent to the Route 37 right-of-way. It would be appropriate to provide the road efficiency buffer required by the Zoning Ordinance to ensure that an adequate buffer is provided for the future residents adjacent to Route 37). ■ No direct lot access to either the north -south or east -west collector roads. ■ Interparcel connection to the adjacent property in a location different from that previously approved on the adjacent Toll Brothers — Twin Lakes property. Issues for consideration. It is important to reiterate that no evaluation has been provided to demonstrate any attributes that this proposed modification may have on the transportation network in this critical area of the County. This request is lacking the information needed to effectively evaluate the cumulative impacts of the approach proffered by the Applicant. 0 0 Rezoning #04-07 — Proffer Amendment - Iaggerty Property Page 6 July 13, 2007 East West Major Collector Road. The Applicant has recognized this major collector road and its ultimate design as an urban four lane divided typical section. However, only the southern two lanes of an east west collector road are proposed to be constructed by the applicant. In addition, the latest proffer statement submitted on July 11, 2007 places a trigger mechanism for the timing of the construction of this major collector road. The applicant has proffered that this roadway shall be constructed prior to the issuance of the 225"' building permit. This timing trigger does not provide that this important major collector road will be constructed in a timely manner, or even constructed at all. The design and location of this east- west major collector road should be addressed in greater detail. The application should ensure that the road is constructed so as to allow the future construction of Route 37 to cross over the east west major collector road. Further, the general topographical constraints along the roads path must be satisfied in the ultimate design of the east west major collector road. The application proffers a linear reservation directly adjacent to the property line. It must be confirmed that the road can be constructed within this area of reservation. Sufficient elevation and radius should be provided to ensure that the necessary improvements and design can be implemented. Two alternate approaches have been proffered by the Applicant for the construction of the east west collector road; both are within a 90' reservation area. o The first approach assumes the future dedication of a 40' right —of-way on the property immediately north of the Haggerty Property. In this case, the Applicant would provide a 40' dedication for the construction of the southern two lanes of the road, and a road efficiency buffer in the remaining 50' reservation area. o The second approach assumes that no dedication of right-of-way will occur in the future on the topography of the property immediately north of the Haggerty Property. In this case, the Applicant would dedicate 80' of right-of-way and provide a 10' landscaped buffer between the roadway and the residential lots. This is a modification to the road efficiency buffer based on the recognition of the east west road as a major collector road. Bicycle and pedestrian accommodations have not been specified in the amended proffers. Given the nature of the east west road as a major collector road, it should be expected that a 10' wide bike bath be incorporated into the design of the road. The director of Parks and Recreation should continue to be satisfied in the location of the trails provided with this application. Rezoning #04-07 — Proffer Amendment - Haggerty Property Page 7 July 13, 2007 North South Spine Road. Modification of the spine road from an urban section to a rural section in the area outside of Route 37 may not be appropriate given this property's location in the UDA. It is recognized that minimizing the number of crossings of the environmental area along the properties southern boundary would be environmentally and financially beneficial; however, this modification to the north south collector spine road should be thoroughly evaluated. The location of the spine road within the right-of-way for Route 37 creates a conflict with the road layout identified in the Eastern Road Plan which identifies the spine road parallel to Route 37. In the long term, this road was designed to accommodate local trips that were looking to go west and south of the Haggerty project. The elimination of this local connector would compromise the road network envisioned and modeled in the Eastern Road Plan. In general, the addition of local traffic onto Route 7 and the County's arterial street system should be avoided and the use of the collector street system promoted. There remains no guaranteed connection south from this project to Senseny Road. The proffer justification seems to indicate that moving the spine road within the Route 37 corridor somehow makes the ultimate connection to Senseny Road less dependent upon development of the adjoining property to the south. Presently, there is no active effort on the part of the County, or property owner, to complete the connection from the southern boundary of the Haggerty property to Senseny Road. Interparcel Connection. The application includes a proffer, 15.1, that provides for inter parcel connectivity to the adjacent property in a location different from that previously approved on the adjacent Toll Brothers — Twin Lakes property. The Board should be aware that the endorsement of this proffer would have an impact on the adjacent Toll Brothers development. Should the adjacent development be agreeable to the inter parcel connection in the location on the GDP, the Toll Brothers Master Development Plan and Subdivision Design Plans would have to be modified to reflect the new interparcel connections. Only, with the adjacent property owner's endorsement would it be recommended that the Board recognize this change. STAFF SUMMARY FOR 07/25/07 BOARD OF SUPERVISORS MEETING: Key transportation issues remain a concern. As presented, this application does not adequately address the transportation impacts associated with this request, creating additional transportation impacts on adjacent roads and properties. The Board's evaluation of this request to amend proffers should continue to carefully consider the following items to the Board's satisfaction. — The east -west major collector road, relocation of Valley Mill Road is only partially accommodated in the amended proffer statement. In addition, the timing trigger does 0 0 Rezoning 404-07 — Proffer Amendment - Haggerty Property Page 8 July 13, 2007 not provide that this important major collector road will be constructed in a timely manner. It must also be confirmed that the road can be constructed within the proffered area of reservation. — The transportation elements proffered in this application are not consistent with, and do not implement, the County's Eastern Road Plan. Specifically, the Spine Collector Road south of the east west collector road and adjacent to future Route 37 has been removed from the transportation program. The elimination of the parallel Spine Road will significantly impact the local transportation network at such time that Route 37 is constructed as a limited access highway. — The application has not demonstrated through a supporting Transportation Impact Analysis that the proposed modifications to the transportation program provide an acceptable transportation solution to meet the needs of the development and implement the Comprehensive Plan. PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/02/07 MEETING: Representatives for the applicant indicated that a two-lane, 750-foot section of Route 37 will be constructed, using vertical and horizontal aligmnents, from where the spine road transitions into the Route 37 right-of-way to the end of the property, including the section that crosses the stream. A TIA was not provided because it was their belief that the same connections as the original plan are in place. A profile has been provided to VDOT to show the feasibility of constructing the east -west coruiector, as proposed by the Eastern Road Plan, 400 feet further south and there is adequate clearance to go under Route 37 at this location. The applicant's representatives said that when they examined the engineering aspects of constructing Valley Mill Road extension, they realized that a shift in the location of the road would avoid topography issues, it would provide a more suitable crossing of Abrams Creek and subsequent enviromnental protections, and it would provide for a connection to the spine road. The applicant's agents were confident that, from an engineering standpoint, the applicant could both fiend and implement the revised transportation plan. The County's Transportation Planner addressed the re -location of the east -west connector. He was concerned about increased costs for connection with existing Valley Mill because it would require angled cut -backs; the original location of the east -west connector would have provided better diffusion of local traffic; and there were property owners willing to dedicate right-of-way along the previously - approved location. One person spoke during the public comment portion of the hearing. An attorney representing an adjacent property owner to the north of the east -west cormector, with approximately 700 feet of frontage along Eddy's Lane, had concerns about how the proposed revised transportation plan will impact adjoining parcels currently within the review process. She asked the Commission to keep the surrounding property owners and developers in mind during their consideration so that all of the properties carry their fair share of the costs, particularly for improvements to Eddy's Lane. 0 • Rezoning #04-07 — Proffer Amendment - Haggerty Property Page 9 July 13, 2007 Some members of the Commissioners were not supportive of the revised transportation plan for several reasons. They said it appeared the revised east -west collector would have less capacity because it was shown as a local street rather than a major collector; and, shifting the road 400 feet south would remove the likelihood that properties along Eddy's Lane would use the road. Concern was expressed that the local collector street system would be compromised, along with the general transportation in the area. Questions were raised about the proposal's affect on costs for the future construction of Route 37. The overall thought was that the proposal was piecemeal and they suggested the possibility of adjoining tracts coming in together in a coordinated effort. Commission members expressed concern about the cumulative affect of the revised transportation plan, the ability to have inter -parcel connectors, and the ability to complete the County's road plan. Other members of the Commission thought the revised transportation plan was fundamentally consistent with the original transportation proposal. They commented positively about the construction of the western section of Route 37, moving the majority of traffic from this site to Route 7; they also noted that the construction of the relocated east -west connector will probably be more economically feasible because it avoids topography issues. They believed the revised proposal ultimately provides the foundation to accommodate the traffic, not only for this development, but on a larger scale. Comments were made that the plan was both efficient and could facilitate the County's transportation planning in this area; however, it would be incumbent on the Commission, the staff, and VDOT to insure that future development proposals fit into the plan to get the County to the next step. By a majority vote, the Planning Commission recommended approval of Rezoning #04-07 for the Haggerty Property proffer revisions which propose modifications to the transportation program previously approved by the County. The majority vote was as follows: YES (TO REC. APPROVAL): Unger, Watt, Morris, Wilmot, Thomas, Kriz, Kerr, Molm NO: Oates ABSTAIN: Manuel (Note: Commissioners Light and Ours were absent from the meeting; Commissioner Triplett was absent for this item.) 0 0 -----Original Message ----- From: Ingram, Lloyd[mailto:Lloyd.Ingram@VDOT.Virginia.gov] Sent: Tuesday, July 17, 2007 11:53 AM To: Patrick R. Sowers Cc: Mike Ruddy Subject: Haggerty Property Proffers Patrick, VDOT has the following comments on the revised proffers dated 7/2/2007: * 13.2 - In the last sentence it is felt that the word apply ("right to apply") should be changed to request "right to request". * 13.3 - clarify that these improvements will be completed prior to the issuance of building permits. 13.4 - The design for the roadway connecting points D to E should be such as to allow for the construction of the future Route 37 fly -over bridges. * 13.6 - "Limited Access" should be noted on all plats that have property lines bounded by the future Route 37 right-of-way. If you require additional information about these comments, please contact me. Regards, Lloyd A. Ingram Transportation Engineer VDOT - Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 04 - 07 - agger Y roperLocation Map 55 A 159 sJ Frederick County, VA 4 55 a6 ,'rHO7��w i 1 ss A „a 55 A 174c A brdms Re - Zoning �rkki j 1 REZ4 04 - 07 Or. s0 55 P Application p'^ \ 7 55 A 174A i , / Haggerty Property 55 A 1656 ! ! / Parcel ID: I I Vallcy Mill Rd, ss / / 56 A 16 55 - A - 212, 212A 06 A 19 / Location in the County Imo! ! p 165t 55 A 165 55 55 4 4A / ! / Map Features 55 1 3 / / ft►+ Future Rt37 Bypass Q Application Location D Lakes/Ponds 55 A 210 / ! Streams •t. Pnmary Secondary Tertiary / �• urban Development Area � a / / ti SWSA � b � ! / (lar6e l ln�nh, 1 irL info 55 A 209 55/A h2 / 55M 2 9149D / • �� • I I ` SSM Z9749B �• • • • 0 'n//11000 111 � • 65F 650 195 j'DR ,oa°° Location in Surrounding Area / I I I I' � Q.`Cti COGS tt / / vo © Case Planner: Mike Map Document: (N:\Planning_And_Development\ 1_Locator_MpsUiaggertyProperty_REZ0407_040307.mxd) 4/11/2007 -- 4:03:11 PM W4 171 U 55 A 159 ft&rt YTM"er 1 1 1 1 1 1 1 55 A 174 s 1 1 1 reek, 1 ss 4 � 7� 55 P 55 A 174C IS 55 A 1658 i Valley Mill RA"- 55 A 115 55 4 4A 56 A 1s i ('larke ('ounty. Virginia Frederick County, VA Re - Zoning REZ# 04 - 07 Application Haggerty Property Parcel ID: 55 - A - 212, 212A Location in the Lounty Map Features ft- Future Rt37 Bypass 40 Application Location 01 Lakes/Ponds Streams Straus Primary �. Secondary Tertiary .0 Urban Development Area d%p SWSA Topography (5' interval) _ovation in Surrounding Area Case Planner: Mike Map Document: (NAPIanning_And_Development\ 1_Locator_MpsUiaggertyProperty_REZo4o7_04o3o7.mxd) 4n1iZUUt--4:U3:ii FIM C� REZ#04-07 Valley Mill Rd, Clarke ('ounly, \'irRinia Frederick County, VA Re - Zoning REZ# 04 - 07 Application Haggerty Property Parcel ID: 55 - A - 212, 212A Location in the County Map Features ^• Future R137 Bypass Zoning Q Application Location B1 (Business, Neighborhood District) D Lakes/Ponds B2 (Business, General District) -- Streams 4W B3 (Business, Industrial Transition District) StrNts 40 EM (Extractive Manufacturing District) �. Primary 40 HE (Higher Education District) �. Secondary 4b M1 (Industrial, Light District) �- Tertiary M2 (Industrial, General District) tf Urban Development Area- MH7(Mobile Home Community District) M SWSA MS (Medical Support District) aw R4 (Residential, Planned Community District) r• R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) •• k Location in 5urrounding Area r A � Y Case Planner: Mike Map Document: (NAP Ian ning_And_Deve Iopment\_1_Locator_MpsUiaggertyPrope rty_Kt[o4t7i_o4WUt.mxa) 4n1iZUUi--4:Us:11 Irnn Valley Mill Rd' / / Clarke County. Virginia Land Use Map Frederick County, VA Re - Zoning REZ# 04 - 07 Application Haggerty Property Parcel ID: 55 - A - 212,212A Location in the County Map Features ft. Future Rt37 Bypass Long Range Land Use Q Application Location Rural Community Center 8 Lakes/Ponds Residential I - Streams Business streets Industrial '�- Primary X* Institutional ^. Secondary Recreation ti Terclary 00, Historic Urban Development Area® Mixed -Use ti SWSA ® Planned Unit Development • �•a Location in Surrounding Area © Case Planner: Mike Map Document: (N:\Planning_And_Development\ 1_Locator_MpsUiaggertyProperty_REZ0407_040307.mxd) 4/11/2007 -- 4:03:11 PM 0 REZ # 04 - 0 affl Aerial Map -- Frederick County, VA Re - Zoning REZ# 04 - 07 Application Haggerty Property Parcel ID: 55 - A - 212,212A Location in the County Map Features eM Future Rt37 Bypass CIOApplication Location D Lakes/Ponds -- Streams Streets Primary �. Secondary '�. Terciary .1 Urban Development Area M SNSA Location in Surrounding Area cw co at. r P © Case Planner. Mike Map Document: (N:\Planning_And_Development\_1_Locator_Mps\HaggertyProperty_REZ0407_040307.mxd) 4/11/Z007 -- 4:U3:11 NM Lq • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff �` r Fee Amount Paid $ omng Amendment Number �,�, �' �.s, �;; wr:�'�bate;Received P Hearing Date?�,r The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: The Canyon, LC Address: P.O. Box 3276 Winchester. Virainia 22601 2. Property Owner (if different than above) 3. Contact person if other than above Name: Patton Harris Rust & Associates c/o Patrick R. Sowers Address: 117 E Piccadilly St Winchester, Virginia 22601 Telephone: 540-667-2120 Telephone: 5 40-667-213 9 4. Checklist: Check the following items that have been included with this application. Location Map Agency Comments X Plat Fees X Deed of property Impact Analysis Statement Verification of taxes paid Proffer Statement X 1 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: The Canyon, LC David B. Holliday 6. A) Current Use of the Property: Unimproved/Vacant Residential B) Proposed Use of the Property: Mixed Residential Development 7. Adjoining Property: SEE ATTACHED. PARCEL ID NUMBER USE ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). Located adjacent and east of Eddys Lane (Route 820), approximately 3 miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. 2 L1 I Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density 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-212 & 212A Magisterial: Fire Service: Rescue Service Red Bud Greenwood Greenwood Districts High School: Middle School: Elementary School Millbrook James Wood Red Bud Run 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 111.56 RP RP 111.56 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 148 Towriliome 152 Multi -Family 0 Non -Residential Lots NA Mobile Home NA Hotel Rooms NA Sauare Footage of Proposed Uses Office NA Service Station Retail NA Manufacturing Restaurant NA Warehouse Other NA NA NA NA 3 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the fiont property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner(s) Date The non C 0 • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) The Canyon, LC (Phone) 540.667.2120 (Address) PO Box 3276, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 040014715 on Page , and is described as Parcel: 212,212A Lot: Block: A Section: 55 Subdivision: N/A do hereby make, constitute and appoint: (Name) PHRA : Ron Mislowsky, Patrick Sowers, Chuck Maddox, John Callow, Tom Price Phone: 667.2139 (Address) 117 E. Piccadilly Street Winchester, VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: X Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (vim have hereto set gt)%gur) hand and seal this 24th day of May, 200 6 . Signature(s) State of Virg v6aa, City/County of --J/\L CZ%-v, c-i"---' To -wit: I, (/b'`wi - IVC4 L-10-Y.-..-.-, Notary Public in and for the jurisdiction aforesaid, c rtio that'& person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this C- -� day ofl`(v Wrx,bv,'- L--- My Commission Expires: Nota Pu lid 0 • PROPOSED PROFFER STATEMENT REZONING: RZ. # 14-04 Rural Areas (RA) to Residential Performance (RP) PROPERTY: 111.56 acres +/-; Tax Map Parcels 55-A 212 & 212A (the "Property') RECORD OWNER The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE (S): 1/12/05; 1/20/05; 2/9/05 The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of 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, Haggerty Property' dated December 20, 2004 (the "GDP"), and shall include the following: 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statenzeid 0 0 Haggerty) 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO TEE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 maybe requested. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per 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 Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 8 Rev. 2/09/05 Proffer Statement 0 0 Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. 7. LIBRARIES: 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 61100 ,11M10 Lou 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such Unit. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA') that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 8 Rev. 2/09/05 Proffer Stateinew 0 0 Haggerty outside of residential lots; (iii) common solid waste disposal programs, if they decide to use a commercial collection company, (iv) responsibility for the perpetual maintenance of any 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. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER & SEWER 11.1 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" ). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick -Winchester Service Authority ("the FWSA') site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BUT) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 8 Rev. 2/09/05 Proffer Staterraeiit • • Haggero) 13.2 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located within a sixty foot right of way aligned parallel to the planned right of way for VA Route 37, and shall be constructed as an urban undivided (U2) cross section with a center turn lane. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south project boundary prior to issuance of the 15? building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as maybe available through VDOT and/or Frederick County. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request bythe County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and/or the proposed "spine" collector road. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors (`Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the 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 contributions Page 5 of 8 Rev. 2/09/05 Proffer Statement 0 Haggerty are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 8 Rev. 2/09/05 Proffer StatemeiTt • 0 Haggerty Respectfully submitted, The Canyon, LC Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: -1h The foregoing instrument was acknowledged before me thisf G day of r/)-uC'l�" , 2005, by �� - a: �- C? My commission expires (J_(J^l Notary Public Page 7 of 8 Rev. 2/09/05 C 0 CS Vq My 0 of m DENOTES GENERALIZED OPEN SPACE LAYOUT ti HAGGER7Y PROPERTY gilbert w. clifford & associates I I a division of a (z) GENERALIZED DEVELOPMENT PLAN Patton, Harris, Rust & Associates, pc O 117 E Picodll St Winchester, Virginia 22601 FREDERICK COUNTY, �IRGINM VOICE (540) 667-2139 FAX: (540) 665-0493 Page 8 of 8 m 0 Page l of l " Reminder: AOL will never ask you to send us your password or credit card number in an email. This message has been scanned for (mown viruses. From: sptlhill@aol.com To: Gay@pond-atheylaw.com Cc: lawyers@visuallink.com Subject: Carriage Hill Project Date: Mon, 4 Jun 2007 11:02 AM Dear Clay, We are writing to inform you that we are no longer interested, under any circumstances, in allowing a right-of-way through our property to the Carriage Hill project. We ask that you not represent to anyone on the Board of Supervisors that you are in any type of negotiations with us on this matter. Further, while you have been communicating through our attorney, no meaningful negotiations have taken place for some time. We ask that you cease communicating with Mr. Hobert on this matter. We do not intend to continue expending resources on negotiating given failure of our good faith efforts to address these matters. We have informed some Board members of our position and reinforced to them our previous commitment to donate a right-of-way through our bottom property to allow for the future realignment of Valley Mill Road in accordance with the approved Eastern Road Program. Thank you, Tim and Tootser Stafford cc: All Members of the Board of Supervisors Staff at Frederick County Michael Hobert AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.co_m. J U N 5 2007 REZONING APPLICATION 404-07 HAGGERTY PROPERTY PROFFER REVISION Staff Report for the Board of Supervisors Prepared: June 4, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also he useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 05/02/07 Recommended Approval Board of Supervisors: 05/23/07 Tabled to 6/13/07 06/13/07 Pending *Please seepage 9 for BOS Update PROPOSAL: To revise the proffers associated with Rezoning #14-05, as they pertain to the transportation improvements previously approved by the County. LOCATION: The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-212 and 55-A-212A PROPERTY ZONING: RP (Residential Performance) with Proffers (RZ14-04) PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Wastewater Treatment Plant South: RA (Rural Area) Use: Vacant/ Agricultural East: Clarke County Use: Agricultural West: RA (Rural Area) Use: - Vacant/Agricultural RP (Residential Performance) Vacant (Twin Lakes) PROPOSED USES: 300 Single Family Attached and single family detached housing units. Rezoning #04-07 — Haggerty Property Page 2 June 4, 2007 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 7. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT has reviewed the transportation proffers offered in the Haggerty Rezoning Modification Request Application dated December 14, 2006 addresses transportation concerns associated with this request. VDOT is satisfied provided the following clarifications are provided in Section 13.2: • The spine road will transition from the R-2 cross section to the Route 37 typical section upon entering the proposed Route 37 Corridor. • It should be clarified that "project boundary" and "property line" are the same in reference to the construction of a spine road. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of- way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshall: Plan approval recommended. Department of Inspections: Shall require 100 year flood plain elevation to be established on any future subdivision plan. No additional comments at this time. Department of Public Works: Refer to paragraph 10.2iii: The statement "if they decide..." conflicts with paragraph 10.4 where the HOA is required to provide curbside trash collection. Delete the latter part of paragraph 10.2iii "if they... company". Frederick -Winchester Service Authority: Our first comment is in reference to Section 11, Water and Sewer, Subparagraph 11.4, regarding the applicant's proffer to install a water main to a point of connection with the Frederick -Winchester Service Authority's Opequon sewer plant property line. Under an agreement approved by the Frederick -Winchester Service Authority Board, the water main would be extended and tied into the existing onsite water system which would require an extension well beyond the Opequon's westerly property line. Our other comment is with regard to the applicant's change (downgrading) of the roadway system from urban undivided (U2) to rural undivided (R2). Our concern is that, with the new entrance to the Opequon facility coming off of the new collection road, there will be significant truck traffic entering and leaving the facility. We believe a left turn lane is critical. In closing, so that you are aware of the requirements of the applicant to the Frederick -Winchester Service Authority, I have attached prior correspondence outlining those conditions. I will also note that, as of this date (1/3/07), we have not received a formal submittal regarding the entrance to the Opequon facility, although I have met with your firm to discuss options prior to your submittal of this proffer statement. Sanitation Authority Department: We will provide sewer and water service to this site. Rezoning #04-07 — Haggerty Property Page 3 June 4, 2007 Department of Parks & Recreation: No comment. Winchester Relzional 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 patter from the North. Frederick County Public Schools: Based on the information provided, it is important that improvements to the transportation system in this undeveloped part of Frederick County be completed prior to the issuance of building permits. Transporting large numbers of students in and out of areas with high density housing has become increasingly difficult. The impact of this project on current and future school needs should be considered during the approval process. PlanninIZ & Zonin1j: 1) Site History On February 9, 2005, the Frederick County Board of Supervisors approved Rezoning # 14-04 for the Haggerty Property. Specifically, this request was to rezone 111.56 acres from RA (Rural Areas) to RP (Residential Performance) with proffers which enabled the development of up to 300 single family detached and single family attached housing units. The request also contained significant transportation proffers which supported a revised Eastern Road Plan and relocated Valley Mill Road. Due to several transportation issues, PHR&A, on behalf of various property owners including this applicant, approached the County in December 2006 to request consideration of a revision to the Frederick County Eastern Road Plan. The issues the request sought to address included; inconsistencies between the Haggerty Master Development Plan submitted to the County and the Proffers and Generalized Development Plan approved by the County as part of Rezoning #14-04, concerns regarding access to the Carriage Park project identified during the Planning Commission's review of this project, the relocation of Valley Mill Road in a manner consistent with the Eastern Road Plan, access to the properties along Eddy's Lane, and the continued recognition of the need to avoid the one -lane bridge over Abrams Creek. PHR&A provided an initial analysis in support of the request. Jointly, Frederick County and VDOT responded by providing guidance regarding what additional information should be provided to allow for a thorough review of the request by VDOT and the County. Since that time, the County received no additional information regarding the modification to the Eastern Road Plan. It is recognized that the various development applications have chosen not to jointly pursue a revision to the Eastern Road Plan and a comprehensive approach to evaluating the area transportation improvements; rather each property is pursuing changes to the County's planned transportation network through their individual rezoning requests. 0 0 Rezoning #04-07 — Haggerty Property Page 4 June 4, 2007 2) Request to revise Proffers This is a request to revise the proffers associated with Rezoning # 14-05, as they pertain to the transportation improvements previously approved by the County. The evaluation of this request should carefully consider the relationship between this project and several other projects in the vicinity of this property that are at various stages of review and consideration. Transportation improvements designed to implement the County's long range transportation plan, the Eastern Road Plan, should be of paramount importance. Any modifications to the transportation program should continue to advance the County's long range transportation plan. It is required that rezoning requests provide transportation impact analyses to demonstrate that the transportation impacts of a request are mitigated and the transportation improvements proposed are consistent with the County's long range transportation planning efforts. This current request does not provide a transportation impact analysis. No evaluation has been provided to demonstrate any attributes that this proposed modification may have on the transportation network in this critical area of the County. Approved transportation improvements (RZ414-04) ■ The construction of a collector road, the spine road, which would provide direct access from the project to Route 7. This collector road shall be constructed from Route 7 to the southern property line within a sixty foot right-of-way as an urban undivided (U2) cross section with a center turn lane. This is a similar typical section to that of the recently upgraded Aylor Road. ■ The construction of all necessary improvements at the intersection of the spine collector road and Route 7 to complete the crossover at this location, including the signalization of this intersection. ■ Provisions for the future construction of an east -west road that will connect to the spine collector road. ■ The construction of an entrance on the spine collector road for the Opequon Regional Wastewater Facility. ■ The dedication of the right-of-way for Route 37. ■ The construction of a landscape screen on a 20 foot easement adjacent to the Route 37 right-of-way. 2005 Revision to the Eastern Road Plan The Frederick County Eastern Road Plan was revised in 2005 in reflection of the approved road network promoted by the Haggerty project and the need to relocate the critical east west collector road, Valley Mill Road, in a manner which enhanced the road network provided by the Haggerty rezoning. The designation of this east -west major collector road has yet to be recognized by the revised Haggerty rezoning proffer and the various other projects under review in this area. This is a critical connection designed to enable vehicle trips to make the east -west movement without impacting the capacity of Route 7 and Senseny Road intersections and corridor. Rezoning #04-07 — Haggerty Property Page 5 June 4, 2007 Proposed transportation improvements (RZ404-07) ■ The construction of a collector road, the spine road, which would provide direct access from the project to Route 7. This collector road shall be constructed partly within a sixty foot right-of-way parallel to the Route 37 right-of-way, and partly within the planned right-of-way of Route 37 as a rural undivided (R2) cross section. The collector spine road would transition from a R2 cross section to the typical Route 37 cross section upon entering the Route 37 right-of-way. The spine collector road shall be constructed from Route 7 to the southern property line. ■ The construction of all necessary improvements at the intersection of the spine collector road and Route 7 to complete the crossover at this location, including the signalization of this intersection. ■ Provisions for the future construction of an east -west road that will connect to the spine collector road. (The design and location of this east- west major collector road should be addressed in consideration of the issues identified in the following section). ■ The construction of an entrance on the spine collector road for the Opequon Regional Wastewater Facility. ■ The dedication of the right-of-way for Route 37. ■ The construction of a landscape screen on a 20 foot easement adjacent to the Route 37 right-of-way (This should be reevaluated in light of the removal of the spine collector road from the area immediately adjacent to the Route 37 right-of-way. It would be appropriate to provide the road efficiency buffer required by the Zoning Ordinance to ensure that an adequate buffer is provided for the future residents adjacent to Route 37). Issues for consideration. It is important to reiterate that no evaluation has been provided to demonstrate any attributes that this proposed modification may have on the transportation network in this critical area of the County. This request is lacking the information needed to effectively evaluate the cumulative impacts of the approach proffered by the Applicant. The revised proffer's failure to provide for the east west major collector road is a significant consideration for several reasons. o This east -west connection was located on the original GDP to provide access to the adjacent properties to the north along Eddy's Lane in addition to the property to the west. Existing residences and future developments on existing state roads should be able to access the County's planned road system. Spite strips should be avoided. o In the location proposed by the revised GDP, there is a conflict with future Route 37 at the point the east west major collector road traverses under Route 37. In addition, this location would require a greater amount of disturbance of the critical slopes and environmental areas on the east side of Route 37. Sufficient elevation and radius should be provided to ensure that the necessary improvements and design can be implemented. 0 • Rezoning #04-07 — Haggerty Property Page 6 June 4, 2007 o The topography of the property at the point where the east -west connector road crossed under Route 37 on the original GDP would accommodate the construction of the roads without compromising the future construction of Route 37. The elevation differential would appear to provide an easier accommodation for the design of both roads. o Finally, and most significantly, the location depicted on the original GDP would enable the implementation of Comprehensive Plan's Eastern Road Plan which identifies this east -west connection as a major collector road. The location of this connection as originally depicted on the original GDP would enable the most desirable alignment of Valley Mill Road. The revised GDP locates the east -west comnection in a manner that would only provide for a local residential street connection into the adjacent property. o The applicant contends that the shifting southward of realigned valley mill road meets the original intent of the eastern road plan. This is not the case. This major collector road is to be the through movement over Abrams creek, and while shifting the roadway does not make this impossible, it is significantly detrimental to the purpose of through movement and also moves the roadway from the best location in terms of topography. It is important to recognize the broader transportation needs of this critical area of the County, as illustrated in the Eastern Road Plan, while still accommodating the traffic from individual developments. The alternative, accommodating access to individual developments while not addressing the planned road network, would not advance the County's long range transportation planning efforts. Modification of the spine road from an urban section to a rural section in the area outside of Route 37 may not be appropriate given this property's location in the UDA. It is recognized that if this road is being built for direct integration to future 37 that curb and gutter is not appropriate. However, it should also be recognized that a R2 section will also not be appropriate. The roadway should be designed (horizontal and vertical) as a future highway section with appropriate paved shoulders; the proffers do not guarantee the road will be designed to Route 37 standards. There remains no guaranteed connection south from this project to Senseny Road. The proffer justification seems to indicate that moving the spine road within the Route 37 corridor somehow makes the ultimate connection to Senseny Road less dependent upon development of the adjoining property to the south. Presently, there is no active effort on the part of the County, or property owner, to complete the connection from the southern boundary of the Haggerty property to Senseny Road. It is recognized that minimizing the number of crossings of the environmental area along the properties southern boundary would be environmentally and financially beneficial; however, this modification to the north south collector spine road should be thoroughly evaluated. The location of the spine road within the right-of-way for Route 37 creates a conflict with the road layout identified in the Eastern Road Plan which identifies the spine road parallel to Route 37. In the long term, this road was designed to accommodate local trips that were looking to go west and south of the Haggerty project. The elimination of this local connector, and the east west • Rezoning #04-07 — Haggerty Property Page 7 June 4, 2007 comiector, would force all of the traffic from the development in this particular area to the north and Route 7. Route 7 has a higher functional classification and serves the regional transportation needs of the community. In general, the addition of local traffic onto Route 7 and the County's arterial street system should be avoided and the use of the collector street system promoted. Other changes to the Proffer Statement. Staff s review of the new Proffer Statement has noted that the Applicant has made several relatively minor changes to the Proffer Statement that are not associated with the transportation program. Section 2 (2.2, 2.3) which addresses the phasing of the Certificate of Occupancies for the dwelling units has been modified to extend the phased inclusion of the housing units. Section 10.2 has been modified with the removal of the following statement "if they (HOA) decide to use a commercial collection company". This was removed as it is contrary to proffer 10.4 which requires the HOA to provide curb side trash service by a commercial collection company. STAFF CONCLUSIONS FOR 04/18/07 PLANNING COMMISSION MEETING: It is Staff s belief that the transportation elements proffered in this application are not consistent with, and do not implement, the County's Eastern Road Plan. Specifically, the east -west ma j or collector road referred to as the relocation of Valley Mill Road is not accommodated in the revised Generalized Development Plan. The application has not demonstrated through a supporting Transportation Impact Analysis that the proposed modifications to the transportation program provide an acceptable transportation solution to meet the needs of the development and address the Comprehensive Plan. PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/02/07 MEETING: Representatives for the applicant indicated that a two-lane, 750-foot section of Route 37 will be constructed, using vertical and horizontal alignments, from where the spine road transitions into the Route 37 right-of-way to the end of the property, including the section that crosses the stream. A TIA was not provided because it was their belief that the same connections as the original plan are in place. A profile has been provided to VDOT to show the feasibility of constructing the east -west connector, as proposed by the Eastern Road Plan, 400 feet further south and there is adequate clearance to go under Route 37 at this location. The applicant's representatives said that when they examined the engineering aspects of constructing Valley Mill Road extension, they realized that a shift in the location of the road would avoid topography issues, it would provide a more suitable crossing of Abrams Creek and subsequent environmental protections, and it would provide for a connection to the spine road. The applicant's agents were confident that, from an engineering standpoint, the applicant could both fund and implement the revised transportation plan. The County's Transportation Planner addressed the re -location of the east -west connector. He was concerned about increased costs for connection with existing Valley Mill because it would require angled cut -backs; the original location of the east -west connector would have provided better diffusion Rezoning #04-07 — Haggerty Property Page 8 June 4, 2007 of local traffic; and there were property owners willing to dedicate right-of-way along the previously - approved location. One person spoke during the public comment portion of the hearing. An attorney representing an adjacent property owner to the north of the east -west connector, with approximately 700 feet of frontage along Eddy's Lane, had concerns about how the proposed revised transportation plan will impact adjoining parcels currently within the review process. She asked the Commission to keep the surrounding property owners and developers in mind during their consideration so that all of the properties carry their fair share of the costs, particularly for improvements to Eddy's Lane. Some members of the Commissioners were not supportive of the revised transportation plan for several reasons. They said it appeared the revised east -west collector would have less capacity because it was shown as a local street rather than a major collector; and, shifting the road 400 feet south would remove the likelihood that properties along Eddy's Lane would use the road. Concern was expressed that the local collector street system would be compromised, along with the general transportation in the area. Questions were raised about the proposal's affect on costs for the future construction of Route 37. The overall thought was that the proposal was piecemeal and they suggested the possibility of adjoining tracts coming in together in a coordinated effort. Commission members expressed concern about the cumulative affect of the revised transportation plan, the ability to have inter -parcel connectors, and the ability to complete the County's road plan. Other members of the Commission thought the revised transportation plan was fundamentally consistent with the original transportation proposal. They commented positively about the construction of the western section of Route 37, moving the majority of traffic from this site to Route 7; they also noted that the construction of the relocated east -west connector will probably be more economically feasible because it avoids topography issues. They believed the revised proposal ultimately provides the foundation to accommodate the traffic, not only for this development, but on a larger scale. Comments were made that the plan was both efficient and could facilitate the County's transportation planning in this area; however, it would be incumbent on the Commission, the staff, and VDOT to insure that future development proposals fit into the plan to get the County to the next step. By a majority vote, the Planning Commission recommended approval of Rezoning #04-07 for the Haggerty Property proffer revisions which propose modifications to the transportation program previously approved by the County. The majority vote was as follows: YES (TO REC. APPROVAL): Unger, Watt, Morris, Wilmot, Thomas, Kriz, Kerr, Mohn NO: Oates ABSTAIN: Manuel (Note: Commissioners Light and Ours were absent from the meeting; Commissioner Triplett was absent for this item.) • 0 Rezoning #04-07 — Haggerty Property Page 9 June 4, 2007 UPDATE FOR 05/23/07 BOARD OF SUPERVISORS MEETING: The evaluation of this rezoning request should continue to carefully consider the following items to the Board's satisfaction. • The east -west major collector road referred to as the relocation of Valley Mill Road is not accommodated in the revised Generalized Development Plan. — Inter parcel connectivity is compromised to adjacent properties and Eddy's Lane. — Route 37 topographical conflicts at the point where this road joins the Spine Road. • The transportation elements proffered in this application are not consistent with, and do not implement, the County's Eastern Road Plan. • The application has not demonstrated through a supporting Transportation Impact Analysis that the proposed modifications to the transportation program provide an acceptable transportation solution to meet the needs of the development and implement the Comprehensive Plan. STAFF UPDATE FOR 06/13/07 BOARD OF SUPERVISORS MEETING: Prior to the Board's 05/23/07 meeting, the Applicant submitted a revised proffer statement dated 05/16/07 which included the following changes; 1) matching the proposed 60 month phasing schedule to the original proffer approved by the Board, 2) Prohibiting direct lot access to Haggerty Boulevard, and 3) ensuring that the portion of the Spine Road within Route 37 would be constructed using the Preliminary Plans for Route 37 prepared by Maguire Associates. Key transportation issues remain a concern. In particular, the preservation of the proper configuration of the Valley Mill extension as originally proposed by this development and endorsed by the county through the Eastern Road Plan. The Valley Mill Road extension and realignment should be fully recognized as a major collector road. The consideration of impacts to Route 7, Route 7 is already backing up to Greenwood Rd from I-81 on a daily basis, and the recognition that the Spine Roads completion to Senseny Road is not expected anytime in the near future due to right of way issues, should continue to be carefully evaluated. As the Board is aware, alternative aligiunents of the extension of Valley Mill Road are not accommodated on adjacent projects. The importance of the County's collector road network should continue to be recognized in their location, function, and design. As presented, this application does not adequately address the transportation impacts associated with this request, creating additional transportation impacts on adjacent roads and properties. All efforts should continue to be made to promote and implement the Comprehensive Plan and make a safer and more efficient use of Valley Mill Road, in the manner identified in the Comprehensive Plan. Please see the attached correspondence from the owners of Valley Mill Farm which continues to indicate that the ability to realign Valley Mill Road in accordance with the County's Eastern Road Plan is feasible and desirable. REZONING APPLICATION 904-07 HAGGERTY PROPERTY PROFFER REVISION Staff Report for the Planning Commission Prepared: April 18, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Plamling Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 05/02/07 Pending Board of Supervisors: 05/23/07 Pending PROPOSAL: To revise the proffers associated with Rezoning #14-05, as they pertain to the transportation improvements previously approved by the County. LOCATION: The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-212 and 55-A-212A PROPERTY ZONING: RP (Residential Performance) with Proffers (RZ14-04) PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Wastewater Treatment Plant South: RA (Rural Area) Use: Vacant/ Agricultural East: Clarke County Use: Agricultural West: RA (Rural Area) Use: Vacant/Agricultural RP (Residential Performance) Vacant (Twin Lakes) PROPOSED USES: 300 Single Family Attached and single family detached housing units. 0 Rezoning #04-07 — Haggerty Property Page 2 April 18, 2007 REVIEW EVALUATIONS: Virllinia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 7. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT has reviewed the transportation proffers offered in the Haggerty Rezoning Modification Request Application dated December 14, 2006 addresses transportation concerns associated with this request. VDOT is satisfied provided the following clarifications are provided in Section 13.2: • The spine road will transition from the R-2 cross section to the Route 37 typical section upon entering the proposed Route 37 Corridor. • It should be clarified that "project boundary" and "property line" are the same in reference to the construction of a spine road. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of- way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshall: Plan approval recommended. Department of Inspections: Shall require 100 year flood plain elevation to be established on any future subdivision plan. No additional comments at this time. Department of Public Works: Refer to paragraph 10.2iii: The statement "if they decide..." conflicts with paragraph 10.4 where the HOA is required to provide curbside trash collection. Delete the latter part of paragraph 10.2iii "if they... company". Frederick -Winchester Service Authority: Our first comment is in reference to Section 11, Water and Sewer, Subparagraph 11.4, regarding the applicant's proffer to install a water main to a point of connection with the Frederick -Winchester Service Authority's Opequon sewer plant property line. Under an agreement approved by the Frederick -Winchester Service Authority Board, the water main would be extended and tied into the existing onsite water system which would require an extension well beyond the Opequon's westerly property line. Our other comment is with regard to the applicant's change (downgrading) of the roadway system from urban undivided (U2) to rural undivided (R2). Our concern is that, with the new entrance to the Opequon facility coming off of the new collection road, there will be significant truck traffic entering and leaving the facility. We believe a left turn lane is critical. In closing, so that you are aware of the requirements of the applicant to the Frederick -Winchester Service Authority, I have attached prior correspondence outlining those conditions. I will also note that, as of this date (1/3/07), we have not received a formal submittal regarding the entrance to the Opequon facility, although I have met with your firm to discuss options prior to your submittal of this proffer statement. Sanitation Authority Department: We will provide sewer and water service to this site. 0 0 Rezoning #04-07 — Haggerty Property Page 3 April 18, 2007 Department of Parks & Recreation: No conunent. Winchester Rel4ional 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 patter from the North. Frederick County Public Schools: Based on the information provided, it is important that improvements to the transportation system in this undeveloped part of Frederick County be completed prior to the issuance of building permits. Transporting large numbers of students in and out of areas with high density housing has become increasingly difficult. The impact of this project on current and future school needs should be considered during the approval process. PlanninI4 & ZoninL,: 1) Site History On February 9, 2005, the Frederick County Board of Supervisors approved Rezoning # 14-04 for the Haggerty Property. Specifically, this request was to rezone111.56 acres from RA (Rural Areas) to RP (Residential Performance) with proffers which enabled the development of up to 300 single family detached and single family attached housing units. The request also contained significant transportation proffers which supported a revised Eastern Road Plan and relocated Valley Mill Road. Due to several transportation issues, PHR&A, on behalf of various property owners including this applicant, approached the County in December 2006 to request consideration of a revision to the Frederick County Eastern Road Plan. The issues the request sought to address included; inconsistencies between the Haggerty Master Development Plan submitted to the County and the Proffers and Generalized Development Plan approved by the County as part of Rezoning #14-04, concerns regarding access to the Carriage Park project identified during the Planning Commission's review of this project, the relocation of Valley Mill Road in a manner consistent with the Eastern Road Plan, access to the properties along Eddy's Lane, and the continued recognition of the need to avoid the one -lane bridge over Abrams Creek. PHR&A provided an initial analysis in support of the request. Jointly, Frederick County and VDOT responded by providing guidance regarding what additional information should be provided to allow for a thorough review of the request by VDOT and the County. Since that time, the County received no additional information regarding the modification to the Eastern Road Plan. It is recognized that the various development applications have chosen not to j ointly pursue a revision to the Eastern Road Plan and a comprehensive approach to evaluating the area transportation improvements; rather each property is pursuing changes to the County's planned transportation network through their individual rezoning requests. 0 • Rezoning 904-07 — Haggerty Property Page 4 April 18, 2007 2) Request to revise Proffers This is a request to revise the proffers associated with Rezoning #14-05, as they pertain to the transportation improvements previously approved by the County. The evaluation of this request should carefully consider the relationship between this project and several other projects in the vicinity of this property that are at various stages of review and consideration. Transportation improvements designed to implement the County's long range transportation plan, the Eastern Road Plan, should be of paramount importance. Any modifications to the transportation program should continue to advance the County's long range transportation plan. It is required that rezoning requests provide transportation impact analyses to demonstrate that the transportation impacts of a request are mitigated and the transportation improvements proposed are consistent with the County's long range transportation planning efforts. This current request does not provide a transportation impact analysis. No evaluation has been provided to demonstrate any attributes that this proposed modification may have on the transportation network in this critical area of the County. Approved transportation improvements (RZ#14-04) ■ The construction of a collector road, the spine road, which would provide direct access from the project to Route 7. This collector road shall be constructed from Route 7 to the southern property line within a sixty foot right-of-way as an urban undivided (U2) cross section with a center turn lane. This is a similar typical section to that of the recently upgraded Aylor Road. ■ The construction of all necessary improvements at the intersection of the spine collector road and Route 7 to complete the crossover at this location, including the signalization of this intersection. ■ Provisions for the future construction of an east -west road that will comlect to the spine collector road. ■ The construction of an entrance on the spine collector road for the Opequon Regional Wastewater Facility. ■ The dedication of the right-of-way for Route 37. ■ The construction of a landscape screen on a 20 foot easement adjacent to the Route 37 right-of-way. 2005 Revision to the Eastern Road Plan The Frederick County Eastern Road Plan was revised in 2005 in reflection of the approved road network promoted by the Haggerty project and the need to relocate the critical east west collector road, Valley Mill Road, in a manner which enhanced the road network provided by the Haggerty rezoning. The designation of this east -west major collector road has yet to be recognized by the revised Haggerty rezoning proffer and the various other projects under review in this area. This is a critical connection designed to enable vehicle trips to make the east -west movement without impacting the capacity of Route 7 and Senseny Road intersections and corridor. 0 0 Rezoning #04-07 — Haggerty Property Page 5 April 18, 2007 Proposed transportation improvements (RZ#04-07) ■ The construction of a collector road, the spine road, which would provide direct access from the project to Route 7. This collector road shall be constructed partly within a sixty foot right-of-way parallel to the Route 37 right-of-way, and partly within the planned right-of-way of Route 37 as a rural undivided (R2) cross section. The collector spine road would transition from a R2 cross section to the typical Route 37 cross section upon entering the Route 37 right-of-way. The spine collector road shall be constructed from Route 7 to the southern property line. ■ The construction of all necessary improvements at the intersection of the spine collector road and Route 7 to complete the crossover at this location, including the signalization of this intersection. ■ Provisions for the future construction of an east -west road that will connect to the spine collector road. (The design and location of this east- ivest major collector road should be addressed in consideration of the issues identified in the following section). ■ The construction of an entrance on the spine collector road for the Opequon Regional Wastewater Facility. ■ The dedication of the right-of-way for Route 37. ■ The construction of a landscape screen on a 20 foot easement adjacent to the Route 37 right-of-way (This should be reevaluated in light of the removal of the spine collector road from the area immediately adjacent to the Route 37 right-of-way. It would be appropriate to provide the road efficiency buffer required by the Zoning Ordinance to ensure that an adequate buffer is provided for the future residents adjacent to Route 37). Issues for consideration. It is important to reiterate that no evaluation has been provided to demonstrate any attributes that this proposed modification may have on the transportation network in this critical area of the County. This request is lacking the information needed to effectively evaluate the cumulative impacts of the approach proffered by the Applicant. The revised proffer's failure to provide for the east west major collector road is a significant consideration for several reasons. o This east -west connection was located on the original GDP to provide access to the adjacent properties to the north along Eddy's Lane in addition to the property to the west. Existing residences and fixture developments on existing state roads should be able to access the County's planned road system. Spite strips should be avoided. o In the location proposed by the revised GDP, there is a conflict with fixture Route 37 at the point the east west major collector road traverses under Route 37. In addition, this location would require a greater amount of disturbance of the critical slopes and enviromnental areas on the east side of Route 37. Sufficient elevation and radius should be provided to ensure that the necessary improvements and design can be implemented. Rezoning 904-07 — Haggerty Property Page 6 April 18, 2007 o The topography of the property at the point where the east -west connector road crossed under Route 37 on the original GDP would accommodate the construction of the roads without compromising the future construction of Route 37. The elevation differential would appear to provide an easier accommodation for the design of both roads. o Finally, and most significantly, the location depicted on the original GDP would enable the implementation of Comprehensive Plan's Eastern Road Plan which identifies this east -west connection as a major collector road. The location of this connection as originally depicted on the original GDP would enable the most desirable alignnent of Valley Mill Road. The revised GDP locates the east -west connection in a mamler that would only provide for a local residential street connection into the adjacent property. o The applicant contends that the shifting southward of realigned valley mill road meets the original intent of the eastern road plan. This is not the case. This major collector road is to be the through movement over Abrams creek, and while shifting the roadway does not make this impossible, it is significantly detrimental to the purpose of through movement and also moves the roadway from the best location in teams of topography. It is important to recognize the broader transportation needs of this critical area of the County, as illustrated in the Eastern Road Plan, while still accommodating the traffic from individual developments. The alternative, accommodating access to individual developments while not addressing the planned road network, would not advance the County's long range transportation planning efforts. Modification of the spine road from an urban section to a rural section in the area outside of Route 37 may not be appropriate given this property's location in the UDA. It is recognized that if this road is being built for direct integration to future 37 that curb and gutter is not appropriate. However, it should also be recognized that a R2 section will also not be appropriate. The roadway should be designed (horizontal and vertical) as a future highway section with appropriate paved shoulders; the proffers do not guarantee the road will be designed to Route 37 standards. There remains no guaranteed connection south from this project to Senseny Road. The proffer justification seems to indicate that moving the spine road within the Route 37 corridor somehow makes the ultimate connection to Senseny Road less dependent upon development of the adjoining property to the south. Presently, there is no active effort on the part of the County, or property owner, to complete the connection from the southern boundary of the Haggerty property to Senseny Road. It is recognized that minimizing the number of crossings of the environmental area along the properties southern boundary would be environmentally and financially beneficial; however, this modification to the north south collector spine road should be thoroughly evaluated. The location of the spine road within the right-of-way for Route 37 creates a conflict with the road layout identified in the Eastern Road Plan which identifies the spine road parallel to Route 37. In the long term, this road was designed to accommodate local trips that were looking to go west and south of the Haggerty project. The elimination of this local connector, and the east west Rezoning #04-07 — Haggerty Property Page 7 April 18, 2007 connector, would force all of the traffic from the development in this particular area to the north and Route 7. Route 7 has a higher functional classification and serves the regional transportation needs of the community. In general, the addition of local traffic onto Route 7 and the County's arterial street system should be avoided and the use of the collector street system promoted. Other changes to the Proffer Statement. Staff s review of the new Proffer Statement has noted that the Applicant has made several relatively minor changes to the Proffer Statement that are not associated with the transportation program. Section 2 (2.2, 2.3) which addresses the phasing of the Certificate of Occupancies for the dwelling units has been modified to extend the phased inclusion of the housing units. Section 10.2 has been modified with the removal of the following statement "if they (HOA) decide to use a commercial collection company". This was removed as it is contrary to proffer 10.4 which requires the HOA to provide curb side trash service by a commercial collection company. STAFF CONCLUSIONS FOR 04/18/07 PLANNING COMMISSION MEETING: It is Staff s belief that the transportation elements proffered in this application are not consistent with, and do not implement, the County's Eastern Road Plan. Specifically, the east -west major collector road referred to as the relocation of Valley Mill Road is not accommodated in the revised Generalized Development Plan. The application has not demonstrated through a supporting Transportation Impact Analysis that the proposed modifications to the transportation program provide an acceptable transportation solution to meet the needs of the development and address the Comprehensive Plan. Followin- the requirement for a public hearinga, 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 #04-07 HAGGERTY PROPERTY PROFFER REVISION Staff Report for the Board of Supervisors Prepared: May 16, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 05/02/07 Board of Supervisors: 05/23/07 Action Recommended Approval Pending PROPOSAL: To revise the proffers associated with Rezoning #14-05, as they pertain to the transportation improvements previously approved by the County. LOCATION: The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-212 and 55-A-212A PROPERTY ZONING: RP (Residential Performance) with Proffers (RZ14-04) PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Wastewater Treatment Plant South: RA (Rural Area) Use: Vacant/ Agricultural East: Clarke County Use: Agricultural West: RA (Rural Area) Use: Vacant/Agricultural RP (Residential Performance) Vacant (Twin Lakes) PROPOSED USES: 300 Single Family Attached and single family detached housing units. Rezoning #04-07 — Haggerty Property Page 2 May 16, 2007 REVIEW EVALUATIONS: VirlZinia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 7. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT has reviewed the transportation proffers offered in the Haggerty Rezoning Modification Request Application dated December 14, 2006 addresses transportation concerns associated with this request. VDOT is satisfied provided the following clarifications are provided in Section 13.2: • The spine road will transition from the R-2 cross section to the Route 37 typical section upon entering the proposed Route 37 Corridor. • It should be clarified that "project boundary" and "property line" are the same in reference to the construction of a spine road. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of- way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshall: Plan approval recommended. Department of Inspections: Shall require 100 year flood plain elevation to be established on any future subdivision plan. No additional comments at this time. Department of Public Works: Refer to paragraph 10.2iii: The statement "if they decide..." conflicts with paragraph 10.4 where the HOA is required to provide curbside trash collection. Delete the latter part of paragraph 10.2iii "if they... company". Frederick -Winchester Service Authority: Our first comment is in reference to Section 11, Water and Sewer, Subparagraph 11.4, regarding the applicant's proffer to install a water main to a point of connection with the Frederick -Winchester Service Authority's Opequon sewer plant property line. Under an agreement approved by the Frederick -Winchester Service Authority Board, the water main would be extended and tied into the existing onsite water system which would require an extension well beyond the Opequon's westerly property line. Our other comment is with regard to the applicant's change (downgrading) of the roadway system from urban undivided (U2) to rural undivided (R2). Our concern is that, with the new entrance to the Opequon facility coming off of the new collection road, there will be significant truck traffic entering and leaving the facility. We believe a left turn lane is critical. In closing, so that you are aware of the requirements of the applicant to the Frederick -Winchester Service Authority, I have attached prior correspondence outlining those conditions. I will also note that, as of this date (1/3/07), we have not received a formal submittal regarding the entrance to the Opequon facility, although I have met with your firm to discuss options prior to your submittal of this proffer statement. Sanitation Authority Department: We will provide sewer and water service to this site. • 0 Rezoning #04-07 — Iaggerty Property Page 3 May 16, 2007 Department of Parks & Recreation: No comment. 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 patter from the North. Frederick County Public Schools: Based on the information provided, it is important that improvements to the transportation system in this undeveloped part of Frederick County be completed prior to the issuance of building permits. Transporting large numbers of students in and out of areas with high density housing has become increasingly difficult. The impact of this project on current and future school needs should be considered during the approval process. Planning & Zoning: 1) Site History On February 9, 2005, the Frederick County Board of Supervisors approved Rezoning # 14-04 for the Haggerty Property. Specifically, this request was to rezonel 11.56 acres from RA (Rural Areas) to RP (Residential Performance) with proffers which enabled the development of up to 300 single family detached and single family attached housing units. The request also contained significant transportation proffers which supported a revised Eastern Road Plan and relocated Valley Mill Road. Due to several transportation issues, PHR&A, on behalf of various property owners including this applicant, approached the County in December 2006 to request consideration of a revision to the Frederick County Eastern Road Plan. The issues the request sought to address included; inconsistencies between the Haggerty Master Development Plan submitted to the County and the Proffers and Generalized Development Plan approved by the County as part of Rezoning #14-04, concerns regarding access to the Carriage Park project identified during the Planning Commission's review of this project, the relocation of Valley Mill Road in a manner consistent with the Eastern Road Plan, access to the properties along Eddy's Lane, and the continued recognition of the need to avoid the one -lane bridge over Abrams Creek. PHR&A provided an initial analysis in support of the request. Jointly, Frederick County and VDOT responded by providing guidance regarding what additional information should be provided to allow for a thorough review of the request by VDOT and the County. Since that time, the County received no additional information regarding the modification to the Eastern Road Plan. It is recognized that the various development applications have chosen not to jointly pursue a revision to the Eastern Road Plan and a comprehensive approach to evaluating the area transportation improvements; rather each property is pursuing changes to the County's plaruled transportation network through their individual rezoning requests. Rezoning #04-07 — Iaggerty Property Page 4 May 16, 2007 2) Request to revise Proffers This is a request to revise the proffers associated with Rezoning #14-05, as they pertain to the transportation improvements previously approved by the County. The evaluation of this request should carefully consider the relationship between this project and several other projects in the vicinity of this property that are at various stages of review and consideration. Transportation improvements designed to implement the County's long range transportation plan, the Eastern Road Plan, should be of paramount importance. Any modifications to the transportation program should continue to advance the County's long range transportation plan. It is required that rezoning requests provide transportation impact analyses to demonstrate that the transportation impacts of a request are mitigated and the transportation improvements proposed are consistent with the County's long range transportation planning efforts. This current request does not provide a transportation impact analysis. No evaluation has been provided to demonstrate any attributes that this proposed modification may have on the transportation network in this critical area of the County. Approved transportation improvements (RZ914-04) ■ The construction of a collector road, the spine road, which would provide direct access from the project to Route 7. This collector road shall be constructed from Route 7 to the southern property line within a sixty foot right-of-way as an urban undivided (U2) cross section with a center turn lane. This is a similar typical section to that of the recently upgraded Aylor Road. ■ The construction of all necessary improvements at the intersection of the spine collector road and Route 7 to complete the crossover at this location, including the signalization of this intersection. ■ Provisions for the future construction of an east -west road that will connect to the spine collector road. ■ The construction of an entrance on the spine collector road for the Opequon Regional Wastewater Facility. ■ The dedication of the right-of-way for Route 37. ■ The construction of a landscape screen on a 20 foot easement adjacent to the Route 37 right-of-way. 2005 Revision to the Eastern Road Plan The Frederick County Eastern Road Plan was revised in 2005 in reflection of the approved road network promoted by the Haggerty project and the need to relocate the critical east west collector road, Valley Mill Road, in a manner which erihanced the road network provided by the Haggerty rezoning. The designation of this east -west major collector road has yet to be recognized by the revised Haggerty rezoning proffer and the various other projects under review in this area. This is a critical connection designed to enable vehicle trips to make the east -west movement without impacting the capacity of Route 7 and Senseny Road intersections and corridor. Rezoning 404-07 — Haggerty Property Page 5 May 16, 2007 Proposed transportation improvements (RZ04-07) ■ The construction of a collector road, the spine road, which would provide direct access from the project to Route 7. This collector road shall be constructed partly within a sixty foot right-of-way parallel to the Route 37 right-of-way, and partly within the planned right-of-way of Route 37 as a rural undivided (R2) cross section. The collector spine road would transition front a R2 cross section to the typical Route 37 cross section upon entering the Route 37 right-of-way. The spine collector road shall be constructed from Route 7 to the southern property line. ■ The construction of all necessary improvements at the intersection of the spine collector road and Route 7 to complete the crossover at this location, including the signalization of this intersection. ■ Provisions for the future construction of an east -west road that will correct to the spine collector road. (The design and location of this east- west major collector road should be addressed in consideration of the issues identified in the following section). ■ The construction of an entrance on the spine collector road for the Opequon Regional Wastewater Facility. ■ The dedication of the right-of-way for Route 37. ■ The construction of a landscape screen on a 20 foot easement adjacent to the Route 37 right-of-way (This should be reevaluated in light of the removal of the spine collector road from the area immediately adjacent to the Route 37 right-of-way. It would be appropriate to provide the road efficiency buffer required by the Zoning Ordinance to ensure that an adequate buffer is provided for thefuture residents adjacent to Route 37). Issues for consideration. It is important to reiterate that no evaluation has been provided to demonstrate any attributes that this proposed modification may have on the transportation network in this critical area of the County. This request is lacking the information needed to effectively evaluate the cumulative impacts of the approach proffered by the Applicant. The revised proffer's failure to provide for the east west major collector road is a significant consideration for several reasons. o This east -west connection was located on the original GDP to provide access to the adjacent properties to the north along Eddy's Lane in addition to the property to the west. Existing residences and future developments on existing state roads should be able to access the County's planned road system. Spite strips should be avoided. o In the location proposed by the revised GDP, there is a conflict with future Route 37 at the point the east west major collector road traverses under Route 37. In addition, this location would require a greater amount of disturbance of the critical slopes and environmental areas on the east side of Route 37. Sufficient elevation and radius should be provided to ensure that the necessary improvements and design can be implemented. Rezoning #04-07 — Iaggerty Property Page 6 May 16, 2007 o The topography of the property at the point where the east -west connector road crossed under Route 37 on the original GDP would accommodate the construction of the roads without compromising the future construction of Route 37. The elevation differential would appear to provide an easier accommodation for the design of both roads. o Finally, and most significantly, the location depicted on the original GDP would enable the implementation of Comprehensive Plan's Eastern Road Plan which identifies this east -west connection as a major collector road. The location of this connection as originally depicted on the original GDP would enable the most desirable alignment of Valley Mill Road. The revised GDP locates the east -west connection in a manner that would only provide for a local residential street connection into the adjacent property. o The applicant contends that the shifting southward of realigned valley mill road meets the original intent of the eastern road plan. This is not the case. This major collector road is to be the through movement over Abrams creek, and while shifting the roadway does not make this impossible, it is significantly detrimental to the purpose of through movement and also moves the roadway from the best location in terms of topography. It is important to recognize the broader transportation needs of this critical area of the County, as illustrated in the Eastern Road Plan, while still accommodating the traffic from individual developments. The alternative, accommodating access to individual developments while not addressing the planned road network, would not advance the County's long range transportation plarming efforts. Modification of the spine road from an urban section to a rural section in the area outside of Route 37 may not be appropriate given this property's location in the UDA. It is recognized that if this road is being built for direct integration to future 37 that curb and gutter is not appropriate. However, it should also be recognized that a R2 section will also not be appropriate. The roadway should be designed (horizontal and vertical) as a fixture highway section with appropriate paved shoulders; the proffers do not guarantee the road will be designed to Route 37 standards. There remains no guaranteed connection south from this project to Senseny Road. The proffer justification seems to indicate that moving the spine road within the Route 37 corridor somehow makes the ultimate connection to Senseny Road less dependent upon development of the adjoining property to the south. Presently, there is no active effort on the part of the County, or property owner, to complete the connection from the southern boundary of the Haggerty property to Senseny Road. It is recognized that minimizing the number of crossings of the environmental area along the properties southern boundary would be environmentally and financially beneficial; however, this modification to the north south collector spine road should be thoroughly evaluated. The location of the spine road within the right-of-way for Route 37 creates a conflict with the road layout identified in the Eastern Road Plan which identifies the spine road parallel to Route 37. In the long term, this road was designed to accommodate local trips that were looking to go west and south of the Haggerty project. The elimination of this local connector, and the east west 0 0 Rezoning 404-07 — Haggerty Property Page 7 May 16, 2007 connector, would force all of the traffic from the development in this particular area to the north and Route 7. Route 7 has a higher functional classification and serves the regional transportation needs of the community. In general, the addition of local traffic onto Route 7 and the County's arterial street system should be avoided and the use of the collector street system promoted. Other changes to the Proffer Statement. Staff s review of the new Proffer Statement has noted that the Applicant has made several relatively minor changes to the Proffer Statement that are not associated with the transportation program. Section 2 (2.2, 2.3) which addresses the phasing of the Certificate of Occupancies for the dwelling units has been modified to extend the phased inclusion of the housing units. Section 10.2 has been modified with the removal of the following statement "if they (HOA) decide to use a commercial collection company". This was removed as it is contrary to proffer 10.4 which requires the HOA to provide curb side trash service by a commercial collection company. STAFF CONCLUSIONS FOR 04/18/07 PLANNING COMMISSION MELTING: It is Staff s belief that the transportation elements proffered in this application are not consistent with, and do not implement, the County's Eastern Road Plan. Specifically, the east -west major collector road referred to as the relocation of Valley Mill Road is not accommodated in the revised Generalized Development Plan. The application has not demonstrated through a supporting Transportation Impact Analysis that the proposed modifications to the transportation program provide an acceptable transportation solution to meet the needs of the development and address the Comprehensive Plan. PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/02/07 MEETING: Representatives for the applicant indicated that a two-lane, 750-foot section of Route 37 will be constructed, using vertical and horizontal alignments, from where the spine road transitions into the Route 37 right-of-way to the end of the property, including the section that crosses the stream. A TIA was not provided because it was their belief that the same connections as the original plan are in place. A profile has been provided to VDOT to show the feasibility of constructing the east -west connector, as proposed by the Eastern Road Plan, 400 feet fiirther south and there is adequate clearance to go under Route 37 at this location. The applicant's representatives said that when they examined the engineering aspects of constructing Valley Mill Road extension, they realized that a shift in the location of the road would avoid topography issues, it would provide a more suitable crossing of Abrams Creek and subsequent environnental protections, and it would provide for a connection to the spine road. The applicant's agents were confident that, from an engineering standpoint, the applicant could both fund and implement the revised transportation plan. The County's Transportation Planner addressed the re -location of the east -west connector. He was concerned about increased costs for comiection with existing Valley Mill because it would require angled cut -backs; the original location of the east -west connector would have provided better diffusion Rezoning #04-07 — Iaggerty Property Page 8 May 16, 2007 of local traffic; and there were property owners willing to dedicate right-of-way along the previously - approved location. One person spoke during the public comment portion of the hearing. An attorney representing an adjacent property owner to the north of the east -west connector, with approximately 700 feet of frontage along Eddy's Lane, had concerns about how the proposed revised transportation plan will impact adjoining parcels currently within the review process. She asked the Commission to keep the surrounding property owners and developers in mind during their consideration so that all of the properties carry their fair share of the costs, particularly for improvements to Eddy's Lane. Some members of the Commissioners were not supportive of the revised transportation plan for several reasons. They said it appeared the revised east -west collector would have less capacity because it was shown as a local street rather than a major collector; and, shifting the road 400 feet south would remove the likelihood that properties along Eddy's Lane would use the road. Concern was expressed that the local collector street system would be compromised, along with the general transportation in the area. Questions were raised about the proposal's affect on costs for the future construction of Route 37. The overall thought was that the proposal was piecemeal and they suggested the possibility of adjoining tracts coming in together in a coordinated effort. Commission members expressed concern about the cumulative affect of the revised transportation plan, the ability to have inter -parcel connectors, and the ability to complete the County's road plan. Other members of the Comrllrssion thought the revised transportation plan was fundamentally consistent with the original transportation proposal. They conunented positively about the construction of the western section of Route 37, moving the majority of traffic from this site to Route 7; they also noted that the construction of the relocated east -west connector will probably be more economically feasible because it avoids topography issues. They believed the revised proposal ultimately provides the foundation to accommodate the traffic, not only for this development, but on a larger scale. Comments were made that the plan was both efficient and could facilitate the County's transportation planning in this area; however, it would be incumbent on the Commission, the staff, and VDOT to insure that fiiture development proposals fit into the plan to get the County to the next step. By a majority vote, the Planning Commission recommended approval of Rezoning #04-07 for the Haggerty Property proffer revisions which propose modifications to the transportation program previously approved by the County. The majority vote was as follows: YES (TO REC. APPROVAL): Unger, Watt, Morris, Wilmot, Thomas, Kriz, Kerr, Mohn NO: Oates ABSTAIN: Manuel (Note: Commissioners Light and Ours were absent from the meeting; Commissioner Triplett was absent for this item.) Rezoning #04-07 — Haggerty Property Page 9 May 16, 2007 UPDATE FOR 05/23/07 BOARD OF SUPERVISORS MEETING: The evaluation of this rezoning request should continue to carefully consider the following items to the Board's satisfaction. • The east -west major collector road referred to as the relocation of Valley Mill Road is not accommodated in the revised Generalized Development Plan. — Inter parcel connectivity is compromised to adjacent properties and Eddy's Lane. — Route 37 topographical conflicts at the point where this road joins the Spine Road. • The transportation elements proffered in this application are not consistent with, and do not implement, the County's Eastern Road Plan. • The application has not demonstrated through a supporting Transportation Impact Analysis that the proposed modifications to the transportation program provide an acceptable transportation solution to meet the needs of the development and implement the Comprehensive Plan. AMENDMENT Action: PLANNING COMMISSION: May 2, 2007 - Recommended Approval BOARD OF SUPERVISORS: July 25, 2007 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04-07 PROFFER AMENDMENT OF HAGGERTY PROPERTY WHEREAS, Rezoning #04-07 Proffer Amendment of Haggerty Property, submitted by Patton Harris Rust & Associates, to revise the proffers associated with Rezoning #14-05, as they pertain to the transportation improvements previously approved by Frederick County. The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are situated in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55-A-212 and 55-A-212A. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 2, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 25, 2007; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers concerning Rezoning # 14-05. The proffer revision addresses transportation improvements, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes. 432-07 • This ordinance shall be in effect on the date of adoption. Passed this 25th day of July, 2007 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Nay Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Nay Charles S. DeHaven, Jr. Nay Philip A. Lemieux Aye A COPY ATTEST John . Riley, Jr. Frederick County Administrator PDRes. #32-07 0 0 REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): PROPOSED PROFFER STATEMENT RZ. # Residential Performance (RP) to Residential Performance (RP) 111.56 acres +/-; Tax Map Parcels 55-A-212 & 212A (the "Property") The Canyon, LC The Canyon, LC Haggerty Property December 20, 2004 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07; 7/2/07; 7/10/07;7/17/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of 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, Haggerty Property" dated December 20, 2004 revised July 2, 2007 (the "GDP"), and shall include the following: LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. • Proffer Statement Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period widen the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per 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 Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 8 • C� Proffer Statement Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. 7. LIBRARIES: 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to die Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board die sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have tide to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 8 � I u Proffer Statement Haggerty outside of residential lots; (iii) common solid waste disposal programs, (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. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the r.esidential development. 11. WATER & SEWER: 11.1 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"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick -Winchester Service Authority ("the FWSA") site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101' building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 8 • Proffer Statement Haggerty 13.2 The Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP as the section of roadway between Point A and Point C. Said collector road shall be located within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point C on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (R2) cross section with curb and gutter to be utilized in some locations based upon final engineering. The collector road will transition from an R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor from Point B to Point C as shown on die GDP. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of die fast building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151" building permit. The Applicant reserves die right to request for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See generally Point A to Point C on the GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. Said improvements shall be completed prior to issuance of any building permits. 13.4 The Applicant shall provide a 90' reservation area in substantial conformance with the location depicted on the GDP to (i) construct the southern two lanes of an East-West collector road, planned to ultimately be an urban four lane divided (U4D) cross section within an 80' right of way and (ii) provide a landscaped buffer or road efficiency buffer as defined in the Frederick County Zoning Ordinance. The East-West collector road shall be designed to accommodate the future Route 37 fly -over bridges. (See 5 on GDP) 13.4.1 Within the 90' reservation area, provided that 40' of right of way is dedicated on the adjoining property to the north prior to submission of engineered plans for the East-West collector road to the County, the Applicant shall dedicate 40' of right of way, as measured from the Property boundary and construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225t, building permit. Additionally, the Applicant shall construct a 50' reduced distance road efficiency buffer, as defined in the Frederick County Zoning Ordinance, between any residential lots and said collector road. Buffer plantings and/or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. Page 5 of 8 F1 �J Proffer StateineW Haggerty 13.4.2 In the event that 40' of right of way is not dedicated on the adjoining property to the north prior to submission of engineered plans for the East-West collector road to the County, the Applicant shall dedicate 80' of right of way, as measured from the Property boundary and within the 90' reservation area, to construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225'h building permit. Additionally, the Applicant shall also construct a densely planted landscape screen within the remaining 10' of the 90' reservation area. Said landscape screen shall be located between any residential lots and said collector road and shall consist of a double row of evergreen trees, minimum four feet tall at time of planting, spaced a maximum of eight feet apart. No additional screening or buffer distance shall be required between the residential units and said collector road. Buffer plantings and/or screening shall not be requited where they are in conflict with required sight distances for roadways as defined by VDOT. 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by die County. All plats depicting the VA Route 37 right of way shall note that the roadway is limited access. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to bodi sides of the proposed VA Route 37 right of way and a portion of tie proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 13.8 Direct lot access to the Nordi-South collector road and East-West collector road shall be prohibited. 13.9 Any portion of the "spine" collector road constructed in the Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. Page 6 of 8 0 • Proffer Statement Haggerty 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in die amounts as stated herein. Any monetary contributions set fordl in die 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 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. 15. INTER -PARCEL CONNECTION: 15.1 The Applicant shall construct an inter -parcel connector to provide access to the adjoining properties to the south and east in the general location depicted at Point 8 on the GDP; said inter -parcel connection shall be provided in place of any previously planned inter -parcel connection located at the southwestern area of the Property as previously depicted on the approved Master Development Plan for the adjacent Twin Lakes development. The newly proposed inter -parcel connection as shown at Point 8 on the GDP shall also be depicted on the Master Development Plan to be submitted for die Property, and shall be depicted on future subdivision design plans for the adjacent Twin Lakes development. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 8 a Proffer Statement Haggerty Respectfully submitted, Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: g g g / / day The foYe oin instrument vas acknowled e�/bef9ie ne this of ju , 2007, by i j 77b /; d jof My commission xpites 19, 31, 0 Notary Public Page 8 of 8 r • 0 REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): PROPOSED PROFFER STATEMENT RZ. # Residential Performance (RP) to Residential Performance (RP) 111.56 acres +/-; Tax Map Parcels 55-A-212 & 212A (the "Property") The Canyon, LC The Canyon, LC Haggerty Property December 20, 2004 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07; 7/2/07; 7/10/07;7/17/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" deemed as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Haggerty Property" dated December 20, 2004 revised July 2, 2007 (the "GDP"), and shall include the following: LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per 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 Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 8 0 0 Proffer Statement Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. 7. LIBRARIES: 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 8 Proffer Statement Haggerty outside of residential lots; (iii) common solid waste disposal programs, (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. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER & SEWER: 11.1 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"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick -Winchester Service Authority ("the FWSA") site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 10151 building permit is issued. (See 3 on GDP). 1ff f Z� Ji1�1�11� 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 8 0 Proffer Statement Haggerty 13.2 The Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP as the section of roadway between Point A and Point C. Said collector road shall be located within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point C on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (R2) cross section with curb and gutter to be utilized in some locations based upon final engineering. The collector road will transition from an R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor from Point 13 to Point C as shown on the GDP. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the '151" building permit. The Applicant reserves the right to request for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See generally Point A to Point C on the GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. Said improvements shall be completed prior to issuance of any building permits. 13.4 The Applicant shall provide a 90' reservation area in substantial conformance with the location depicted on the GDP to (i) construct the southern two lanes of an East -`Vest collector road, planned to ultimately be an urban four lane divided (U4D) cross section within an 80' right of way and (ii) provide a landscaped buffer or road efficiency buffer as defined in the Frederick County Zoning Ordinance. The East-yX-'est collector road shall be designed to accommodate the future Route 37 fly -over bridges. (See 5 on GDP) 13.4.1 Witl-un the 90' reservation area, provided that 40' of right of way is dedicated on the adjoining property to the north prior to submission of engineered plans for the East-West collector road to the County, the Applicant shall dedicate 40' of right of way, as measured from the Property boundary and construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225"' building permit. Additionally, the Applicant shall construct a 50' reduced distance road efficiency buffer, as defined in the Fredezck County Zoning Ordinance, between any residential lots and said collector road. Buffer plantings and/or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. Page 5 of 8 Proffer Statement Haggerty 13.4.2 In the event that 40' of right of way is not dedicated on the adjoining property to the north prior to submission of engineered plans for the East-West collector road to the County, the Applicant shall dedicate 80' of right of way, as measured from the Property boundary and within the 90' reservation area, to construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225"' building permit. Additionally, the Applicant shall also construct a densely planted landscape screen within the remaining 10' of the 90' reservation area. Said landscape screen shall be located between any residential lots and said collector road and shall consist of a double row of evergreen trees, minimum four feet tall at time of planting, spaced a maximum of eight feet apart. No additional screening or buffer distance shall be required between the residential units and said collector road. Buffer plantings and/or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. All plats depicting the VA Route 37 right of way shall note that the roadway is limited access. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 13.8 Direct lot access to the North -South collector road and East -\Vest collector road shall be prohibited. 13.9 Any portion of the "spine" collector road constructed in the Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. Page 6 of 8 Proffer Statement Haggerty 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") witlun 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the 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 tune 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. 15. INTER -PARCEL CONNECTION: 15.1 The Applicant shall construct an inter -parcel connector to provide access to the adjoining properties to the south and east in the general location depicted at Point 8 on the GDP; said inter -parcel connection shall be provided in place of any previously planned inter -parcel connection located at the southwestern area of the Property as previously depicted on the approved Master Development Plan for the adjacent Twin Lakes development. The newly proposed inter -parcel connection as shown at Point 8 on the GDP shall also be depicted on the Master Development Plan to be submitted for the Property, and shall be depicted on future subdivision design plans for the adjacent Twin Lakes development. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 8 Proffer Statement Haggerty Respectfully submitted, The Canyon, LC Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: of The foregoing instrument was acknowledged before me this , 2007, by My commission expires Notary Public Page 8 of 8 day • 0 PROPOSED PROFFER STATEMENT REZONING: RZ. # Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres +/-; Tax Map Parcels 55-A-212 & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07; 7/2/07; 7/10/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with `final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of 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 fords below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at 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, Haggerty Property" dated December 20, 2004 revised July 2, 2007 (the "GDP"), and shall include the following: LAND USE: 1.1 Residential development on the Property shall not exceed a inaxitnum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statenze7lt • 0 Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a nmixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maxurnum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the fast 24 mondis of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per 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 Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 8 Proffer Staterrrerlt Haggerty 4.2 The Applicant shall contribute to the Board the stun of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to the Board the stun of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. 7. LIBRARIES: 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon d-ie issuance of a building permit for each such single farnily detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to die Board the sum of $50.00 per dwelling unit for dle Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to die Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have tide to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 8 • Proffer Statemeizt Haggerty outside of residential lots; (iii) common solid waste disposal programs, (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. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER & SEWER: 11.1 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"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement die Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on die Frederick -Winchester Service Authority ("the FWSA") site. No residential dwelling units (structure) shall be located within diis buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 10151 building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with die Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in die highest order of stormwater control in existing Virginia law at die time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at die outset of the development process unless otherwise specified below. Page 4 of 8 • i Proffer Statement Haggerty 13.2 The Applicant shall construct a Nord-i-South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP as dle section of roadway between Point A and Point C. Said collector road shall be located within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point C on the GDP. The Nordi-South collector road shall generally run along the planned right of way for VA Route 37, and partly widen the planned right of way for VA Route 37, as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (12) cross section with curb and gutter to be utilized in some locations based upon final engineering. The collector road will transition from an R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor from Point B to Point C as shown on die GDP. The collector road shall be constructed from VA Route 7 to die project site prior to issuance of die first building permit for die project, and shall be completed to die south Property boundary prior to issuance of the 151" building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See generally Point A to Point C on die GDP) 13.3 The Applicant shall install those improvements necessary to complete die cross -over at the intersection of die "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall furdler enter into a signalizaton agreement with VDOT for said intersection. 13.4 The Applicant shall provide a 90' reservation area in substantial conformance with tie location depicted on die GDP to (i) construct the soudlern two lanes of an East-West collector road, planned to ultimately be an urban four lane divided (U4D) cross section within an 80' right of way and (ii) provide a landscaped buffer or road efficiency buffer as defined in the Frederick County Zoning Ordinance. (See 5 on GDP) 13.4.1 Within the 90' reservation area, provided that 40' of right of way is dedicated on the adjoining property to the north prior to submission of engineered plans for the East-West collector road to the County, the Applicant shall dedicate 40' of right of way, as measured from die Property boundary and construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225`h building permit. Additionally, die Applicant shall construct a 50' reduced distance road efficiency buffer, as defined in the Frederick County Zoning Ordinance, between any residential lots and said collector road. Buffer plantings and/or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. Page 5 of 8 Proffer Staternew Haggerty 13.4.2 In the event that 40' of right of way is not dedicated on the adjoining property to the north prior to submission of engineered plans for the East-West collector road to the County, the Applicant shall dedicate 80' of tight of way, as measured from the Property boundary and within the 90' reservation area, to construct the southern two lanes of a U41) roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225t' building permit. Additionally, the Applicant shall also construct a densely planted landscape screen within the remaining 10' of the 90' reservation area. Said landscape screen shall be located between any residential lots and said collector road and shall consist of a double row of evergreen trees, minimum four feet tall at time of planting, spaced a maximum of eight feet apart. No additional screening or buffer distance shall be required between the residential units and said collector road. Buffer plantings and/or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. 13.5 The Applicant shall construct an entrance onto die "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to die County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of tie proposed "spine" collector road as depicted on die GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 13.8 Direct lot access to die North -South collector road and East-West collector road shall be prohibited. 13.9 Any portion of the "spine" collector road constructed in the Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. Page 6 of 8 Proffer Statement 0 0 Haggerty 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors (`Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the 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 contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 inonths 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. 15. INTER -PARCEL CONNECTION: 15.1 The Applicant shall construct an inter -parcel connector to provide access to the adjoining properties to the south and east in the general location depicted at Point 8 on the GDP; said inter -parcel connection shall be provided in place of any previously planned inter -parcel connection located at the southwestern area of the Property as previously depicted on the approved Master Development Plan for the adjacent Twin Lakes development. The newly proposed inter -parcel connection as shown at Point 8 on the GDP shall also be depicted on the Master Development Plan to be submitted for the Property, and shall be depicted on future subdivision design plans for the adjacent Twin Lakes development. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 8 Proffer Statemew 0 9 Haggerty Respectfully submitted, rrt,- r r, Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: _Fh The foregoing insawner t was aclmowle.d Cd before me this W day J of J1 , 2007, by W'l My coinrMssio xpites Notary Public Cl Page 8 of 8 V4 UTE — ENs D)NNTIOM E 0 vl- DENOTES GENERALIZED OPEN SPACE HAGGERTY PROPERTY Patton, Harris, Rust & Associates o ti GENERAUZED DEVELOPMENT PLAN 00 117 E. Picadilly St. Winchester, Virginia 22601 -N v O FREDER/CK COUNTY, VlR6/NG4 VOICE: (540) 667-2139 FAX: (540) 665-0493 • AMENDMENT Action: PLANNING COMMISSION: May 2, 2007 - Recommended Approval BOARD OF SUPERVISORS: July 25, 2007 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04-07 PROFFER AMENDMENT OF HAGGERTY PROPERTY WHEREAS, Rezoning 904-07 Proffer- Amendment of Haggerty Property, submitted by Patton Harris Rust & Associates, to revise the proffers associated with Rezoning #14-05, as they pertain to the transportation improvements previously approved by Frederick County. The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creels, which forms the boundary of Clarke County. The properties are situated in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55-A-212 and 55-A-212A. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 2, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 25, 2007; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers concerning Rezoning # 14-05. The proffer revision addresses transportation improvements, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #32-07 This ordinance shall be in effect on the date of adoption. Passed this 25th day of July, 2007 by the following recorded vote: Richard C. Shickle, Chairman Barbara E. Van Osten Gary Dove Gene E. Fisher Philip A. LemiCLIX Bill M. Ewing Charles S. Dcl-liven, Jr. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PDRes #32-07 PROPOSED PROFFER STATEMENT REZONING: RZ. # Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres +/-; Tax Map Parcels 55-A-212 & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07; 7/2/07; 7/10/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of 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, Haggerty Property" dated December 20, 2004 revised.] ule 2, 2007 (the "GDP"), and shall include the following: LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Profkr Statement • Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per 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 Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelluig unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 8 Proffer Statentent Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building peril -Lit for each single family attached unit. 6. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. 7. LIBRARIES: 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unlit for library purposes, payable upon the Issuance of a building pernllt for each such single family detached unit. 7.2 The Applicant shall contribute to die Board the sum of $173.00 per dwelling unit for library purposes, payable upon die issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have tide to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 8 ProfAIr Staleniew • • Haggerty outside of residential lots; (iii) common solid waste disposal programs, (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. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER & SEWER: 11.1 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"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' fn:om presently planned future treatment units on the Frederick -Winchester Service Authority ("the FWSA") site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless othet-wise specified below. Page 4 of 8 Proffer Statenient Haggerty 13.2 The iApplicant shall construct a North -South collector road as the "shine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP as the section of roadway between Point :A and Point C. Said collector road shrill be located within botli a 60 foot right of wal• and an 80 foot right of way as generally shown between Point ;A and Point C on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37, and part]), within the planned right of u7a)I for V'A Route 37, as shown on the GDP. Said North -South collector road sliall be constructed as I rural undivided (IZ2) cross section with curb and gutter to be utilized in some locations based upon final engineering. Tlic collector road will transition from an R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor from Point B to Point C as shown on the GDP. The collector road shall be constructed from ViA lZoute 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151" building permit. Tlie Applicant resen-es the right to apple for partial funding for collector road construction through revenue sliaring or other programs as may be available through VDOT and/or Frederick County. (See generally Point :A to Point C on the GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall provide a 90' reservation area in substantial conformance with the location depicted on the GDP to (1) construct the southern two lanes of an Bast -West collector road, planned to ultirnately be an urban four lane divided (U41)) cross section within an 80' right of way and (11) provide a landscaped buffer or road efficiency buffer as defined in the 1 vedelzck, Coilgy f0111/1,g Ordiiienit'e. (See 5 on GDP) 13.4.1 Within the 90' reser\,atlon area, provided that 40' of right of way is dedicated on the adjoining property to the north prior to submission of engineered plans for the East-West collector road to the County, the Applicant shall dedicate 40' of right of way, as measured from the Property boundary and construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225"' building permit. Additionally, the Applicant shall construct a 50' reduced distance road efficiency buffer, as defined in the Predelzck Coua� 7_ouillg Ordinance, between and, residential lots and said collector road. Buffer plantings and/or screening shall not be required where they are In conflict with required sight distances for roadways as defined by VDOT. Page 5 of 8 Proffer Statement • Haggerty 13.4.2 In the event that 40' of right of way is not dedicated on the adjoining property to the north prior to submission of engineered plans for the bast -West collector road to the County, the Applicant shall dedicate 80' of right of way, as measured from the Property boundary and within the 90' resen7ation area, to construct the southern two lanes of a U4D roadway from Point D to Point IJ as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225°i building permit. additionally, the applicant shall also construct a densely planted landscape screen within the remaining 10' of the 90' rescn ation area. Said landscape screen shall be located between any residential lots and said collector road and shall consist of a double row of evergreen trees, minimum four feet tall at time of planting, spaced a maxinnun of eight feet apart. No additional screening or buffer distance shall be required between the residential units and said collector road. Buffer plantings and/or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to die specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of die proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 13.8 Direct lot access to the North -South collector road and last-\\/est collector road shall be prohibited. 13.9 Any portion of the "spine" collector road constructed in the Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. Page 6 of 8 Proffer Statement 0 Haggerty 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the 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 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. 15. IN"1'1 R-P:\RCC:I. CONNI ,C'1'ION: 15.1 The Applicant shall construct an inter -parcel connector to provide access to the adjoining properties to the south and cast in the general location depicted at Point 8 on the GDP; said inter -parcel connection shall be provided in place of any previously planned inter -parcel connection located at the southwestern area of the Property as previously depicted on the approved 1\Iaster Development Plan for the adjacent "fwin Lakes development. The newly proposed inter -parcel connection as shown at Point 8 on the GDP shall also be depicted on the '\lastcr Development Plan to be submitted for the Property, and shall be depicted on future subdivision design plans for the adjacent Twin Lakes development. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 8 Proffer Statement 0 0 Haggerty Respectfully subs' itted, The Canyon, LC By: Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of , 2007, by My commission expires Notary Public Page 8 of 8 9 0 PROPOSED PROFFER STATEMENT REZONING: RZ. # Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres +/-; Tax Map Parcels 55-A-212 & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07; 7/2/07; 7/10/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with die following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If tie Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include die 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 forte below have been prepared for convenience or reference only and shall not control or affect tie 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, Haggerty Property" dated December 20, 2004 revised July 2, 2007 (the "GDP"), and shall include the following: LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Staterrrerrt 0 0 Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within ]units established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by die Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to tie approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the suin of $889.00 per 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 Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to die Board die sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building peri-nit for each single family detached unit. Page 2 of 8 Proffer Statement Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sure of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. 7. LIBRARIES: 7.1 The Applicant shall contribute to the Board die sum of $213.00 per dwelling unit for library purposes, payable upon die issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be requited for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not odierwise dedicated to public use, (ii) common buffer areas located Page 3 of 8 Proffer Statement Haggerty outside of residential lots; (iii) common solid waste disposal programs, (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. 10.3 The Applicant shall provide management and start up assistance to die HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER & SEWER: 11.1 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"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick -Winchester Service Authority ("die FWSA") site. No residential dwelling units (stricture) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at d-le time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at die outset of the development process unless otherwise specified below. Page 4 of 8 Proffer Statement Haggerty 13.2 The Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP as the section of roadway between Point A and Point C. Said collector road shall be located witl-iui both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point C on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (112) cross section with curb and gutter to be utilized in some locations based upon final engineering. The collector road will transition from an R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor from Point B to Point C as shown on the GDP. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 1515` building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See generally Point A to Point C on the GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall provide a 90' reservation area in substantial conformance with the location depicted on the GDP to (i) construct the southern two lanes of an East-West collector road, planned to ultimately be an urban four lane divided (U4D) cross section within an 80' right of way and (ii) provide a landscaped buffer or road efficiency buffer as defined in the Fredefick County Zoning Ordinance. (See 5 on GDP) 13.4.1 Within the 90' reservation area, provided that 40' of right of way is dedicated on the adjoining property to the north prior to submission of engineered plans for the East-West collector road to the County, the Applicant shall dedicate 40' of right of way, as measured from the Property boundary and construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225`h building permit. Additionally, the Applicant shall construct a 50' reduced distance road efficiency buffer, as defined in the Frederick County Zoning Ordinance, between any residential lots and said collector road. Buffer plantings and/or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. Page 5 of 8 Proffer Statement Haggerty 13.4.2 In the event that 40' of right of way is not dedicated on the adjoining property to the north prior to submission of engineered plans for the East-West collector road to the County, the Applicant shall dedicate 80' of right of way, as measured from the Property boundary and within the 90' reservation area, to construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225"' building permit. Additionally, the Applicant shall also construct a densely planted landscape screen within the remaining 10of the 90' reservation area. Said landscape screen shall be located between any residential lots and said collector road and shall consist of a double row of evergreen trees, minimum four feet tallat time of planting, spaced a maximum of eight feet apart. No additional screening or buffer distance shall be required between the residential units and said collector road. Buffer plantings and/or screening shall not be required where diey are in conflict with required sight distances for roadways as defined by VDOT. 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, die County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County widen 90 days of request by t1e County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of die proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on die GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The Mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial constriction plans. (See 7 on GDP). 13.8 Direct lot access to the North -South collector road and East-West collector road shall be prohibited. 13.9 Any portion of the "spine" collector road constructed in the Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. Page 6 of 8 Proffer Statement • Haggerty 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") widiin 30 months of the approval of dais rezoning, as applied for by dle 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 contributions are paid, they shall be adjusted by the percentage change in tie 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. 15. INTER -PARCEL CONNECTION: 15.1 The Applicant shall construct an inter -parcel connector to provide access to tie adjoining properties to the south and east in the general location depicted at Point 8 on d-ie GDP; said inter -parcel connection shall be provided in place of any previously planned inter -parcel connection located at the southwestern area of die Property as previously depicted on d1e approved Master Development Plan for the adjacent Twin Lakes development. The newly proposed inter -parcel connection as shown at Point 8 on die GDP shall also be depicted on the Master Development Plan to be submitted for die Property, and shall be depicted on future subdivision design plans for d1e adjacent Twin Lakes development. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 8 Proffer Statement 0 Haggerty Respectfully submitted, 'rl,n T C By: Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To-,,vit: kh The foregoing mstminent was a lmowle ed before in�e,�us �� day J of jj , 2007, by My coinmissio rpiresNotary Public Ci- �Zl� i Page 8 of 8 a 'C 80' R/w D WTEit-p l CONNECTIiCL J \�1 6D' 0 1 •• UM TIC PROJEC Co C> Q =DENOTES GENERALIZED OPEN SPACE N' HAGGERTY PROPERTY Patton, Harris, Rust &Associates v p0 o � � � GENERALIZED DEVELOPMENT PLAN 117 E. Picadilly St. Winchester,Vrginia 22601 �l O VOICE: (540) 667-2139 FAX: (540) 665-0493 FRFDFRICK COUNTY, KRCINIA 0 0 PROPOSED PROFFER STATEMENT REZONING: RZ. # Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres +/-; Tax Map Parcels 55-A-212 & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REN71SION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07; 7 2 07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of 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, Haggerty Property" dated December 20, 2004 revised u]h, 2, 2007 (the _"GDP"),_ and shall include the following: LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. - Deleted:Iune, 18 Proffer Statement Haggerty 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per 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 Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sutra of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 7 Proffer Statement Haggerty 6. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the stun of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. LIBRARIES: 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all cornmon areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, (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 Page 3 of 7 Proffer Statement Haggerty granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER & SEWER: 11.1 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"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick -Winchester Service Authority ("the FWSA") site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Storimvater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. 13.2 The Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP as the section of roadway between Point A and Point C. Said collector road shall be located Page 4 of 7 0 • Proffer Statement Haggerty within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point C on the GDP. The North -South collector road shall generally run along_the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (R2) cross section with curb and gutter to be utilized in some locations based upon final engineering. The collector road will transition from an R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor from Point B to Point C as shown on the GDP. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151" building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See generally Point A to Point C on the GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall construct the southern two lanes of an East-West collector road from Point D to Point E as shown on the GDP, ultimately planned to be an urban four lane divided (U4D) cross section, within an 80 foot right of way in the general location depicted from Point D to Point E on the GDP. The Applicant shall also construct a densely planted landscape screen with a double row of evergreen trees, minimum 4 feet tall at time of planting spaced a maximum of 8 feet apart on a 10' landscape easement between any residential structure and the proposed East-West collector road in place of the typical road efficiency buffer as defined in the Frederick County Zoning Ordinance. Should the County require a road efficiency buffer as defined in the Frederick County Zoning Ordinance for said roadway for Master Development Plan approval, the Applicant shall only be required to dedicate 40 feet of right of way, construct the southern 2 lanes of a U4D roadway, and provide a 50 foot reduced distance road efficiency buffer as defined in the Frederick County Zoning Ordinance. (Seegenerally_ Point D to Point E on the GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). Page 5 of 7 Deleted: See 4 on GDP - Deleted: 5 on GDP 9 0 Proffer Statement Haggerty 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 13.8 Direct lot access to the North -South collector road and East-West collector road shall be prohibited. 13.9 Any portion of the "spine" collector road constructed in the Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors (`Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the 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 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. 15. INTER -PARCEL CONNECTION: 15.1 The .-Applicant shall construct an inter -parcel connector to provide access to the adjoining properties to the south and east in the general location depicted at Point 8 on the GDP, said inter -parcel connection shall be provided in place of any previously planned inter -parcel connection located at the southwestern area of the Property as previously depicted on the approved Master Development Plan for the adjacent Twin Lakes development. The newly proposed interparcel connection as shown at Point 8 on the GDP shall also be depicted on the Master Development Plan to be submitted for the PropeM and shall be depicted on future subdivision design plans for the adjacent Twin Lakes development. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 E 0 Proffer Statement Haggerty Respectfully submitted, The Canyon, LC By: Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of , 2007, by 1\'Iy commission expires Notary Public Page 7 of 7 0 • PROPOSED PROFFER STATEMENT REZONING: RZ. # Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres +/-; Tax Map Parcels 55-A-212 & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07; 7/2/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of 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, Haggerty Property" dated December 20, 2004 revised July 2, 2007 (the "GDP"), and shall include the following: LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. Proffer Statement • 10 Haggerty 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. p 2.2 The maxitmum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested ui a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any l remaining certificates of occupancy up to 300 may be requested. — / (C� J.J Ail �?Gwy � 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS li— , 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per 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 Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit fox each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. Page 2 of 7 Proffer Statement 0 0 Haggerty 6. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to the Board the stun of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the surn of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. 7. LIBRARIES: 7.1 The Applicant shall contribute to the Board the sutnn of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sutra of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) corntnon buffer areas located outside of residential lots; (iii) common solid waste disposal programs, (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 Page 3 of 7 Proffer Statement 0 Haggero) granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing die delivery of said service to all dwelling units within the residential development. 11. WATER & SEWER: 11.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities requited for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of die Frederick County Sanitation Authority ("the FCSA"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick -Winchester Service Authority ("the FWSA") site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with, the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at die time of construction of any such facility. 7 13. TRANSPORTATION: � ,��� �r"C 13.1 Transportation umprovements shall be i itiated -1a the outset of the process development rocess unless otherwise s ife ' i- below. p p 13.2 The Applicant shall construct a North -South collector road as die "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP as the section of roadway between Point A and Point C. Said collector road shall be located Page 4 of 7 Proffer Statement 0 Haggerty within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point C on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (R2) cross section with curb and gutter to be utilized in some locations based upon final engineering. The collector road will transition from an R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor from Point B to Point C as shown on the GDP. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151't building permit. The Applicant reserves the right to ��� apply for partial funding for collector road construction through revenue �Un sharing or other programs as may be available through VDOT and/or Dederick County. (See generally Point A to Point C on the GDP) 13.3 The Applicant shall 'install dose improvements necessary to complete the J CGS cross -over at die intersection of the "spine" collector road and VA Route 7, 5���✓�� including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a "^ signalization agreement with VDOT for said intersection. 13.4 /G /PGtSLJ The Applicant shall construct the southern two lanes of an East-West collector road from Point D to Point E as shown on the GDP, ultimately planned to be an urban four lane divided (U4D) cross section, within an 80 foot right of way in the general location depicted from Point D to Point E on the GDP. The Applicant shall also construct a densely planted landscape screen with a double row of evergreen trees, minimum 4 feet tall at time of planting, spaced a maximum of 8 feet apart on a 10' landscape easement between any residential structure and the proposed East-West collector road in place of the typical road efficiency buffer as defined in the Frederick County Zoning Ordinance. Should the County require a road efficiency buffer as defined in the Frederick County Zoning Ordinance for said roadway for Master Development Plan approval, the Applicant shall only be required to dedicate 40 feet of right of way, construct the southern 2 lanes of a U4D roadway, and provide a 50 foot reduced distance road efficiency buffer as defined in the Frederick County Zoning Ordinance. (See generally Point D to Point E on the GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). Page 5 of 7 Proffer Statement • • Haggerty q 13.7 1,J 6,4 ), I 14 15. 13.8 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of plantinglThe—min of—trees—are—to—be_deternvned through discussion with the_V-ginta—F-restry service and -UDOT__and shall be shown on initial construction plans. (See 7 on GDP). 1�JD f PEA__) Direct lot access to the North -South collector road and East-West collector road shall be prohibited. 13.9 Any portion of the "spine" collector road constructed in the Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the 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 contributions are paid, they shall be adjusted by the percentage change in the CPI-U from dlat 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. INTER -PARCEL CONNECTION: 15.1 The Applicant shall construct an inter -parcel connector to provide access to the adjoining properties to the south and east in the general location depicted at Point 8 on the GDP; said inter -parcel connection shall be provided in place of any previously planned inter -parcel connection located at the southwestern area of the Property as previously depicted on the approved Master Development Plan for the adjacent Twin Lakes development. The newly proposed interparcel connection as shown at Point 8 on the GDP shall also be depicted on the Master Development Plan to be submitted for the Property, and shall be depicted on future subdivision design plans for die adjacent Twin Lakes development. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Proffer Statement • Haggerty Respectfully submitted, Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To wit: n� The foregoing instrument was ac�kno Il g� efore me this Oil day of 2007, by TO My commission expires JQ " 31 -0 1 Notary Public t -- Page 7 of 7 80, R/W �( ` �\ z INTER—P � f \ CONNECTIO a ff 1 HAGGERTY R/W til ROP,ERTY HAGGERTY PROPERTY O REGIONAL- UM T10N PROJEC [,M 00 P t MY SCREEN =DENOTES GENERALIZED OPEN SPACE ti HAGGERTY PROPERTY Patton, Harris, Rust & Associates o-V o GENERALIZEDDELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22601 4111 O v O VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDER/CK COUNTY, l9RGlNlA _ • • Pabe 1 of 1 Mike Ruddy From: Patrick R. Sowers [Patrick.Sowers@phra.com] Sent: Wednesday, May 16, 2007 12:41 PM To: 'Mike Ruddy' Subject: Haggerty Proffer Revision Mike, I delivered a signed, revised proffer statement for the Haggerty Property to your office today. I've attached a PDF of the redmarked version of the proffer so you can see what changes we have made. The changes include: 1) Matching the proposed phasing schedule to the original proffer as approved by the Board (i.e. 60 months) 2) Prohibit direct lot access to Haggerty Blvd. 3) Provide that the portions of the spine road located as Route 37 would be constructed using Maguire Associates preliminary plans. Let me know if you have any questions. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com 5/18/2007 PROPOSED PROFFER STATEMENT REZONING: RZ. # Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres +/-; Tax Map Parcels 55-A-212 & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made pilot 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. Furthet, these proffers are contingent upon final rezoning of the Property with "fugal rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting die 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 affitining 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 tithe of development of that portion of the Property adjacent to or including the improvement or other proffered requitement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Haggerty Property" dated December 20, 2004 revised 11 /27/06 (the "GDP"), and shall include the following: LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. • • Proffer Staterzzezzt Haggerty 1.2 Single family detached housing types shall comprise a iniui_tnum of 60 units, but shall not exceed a maxitnuin of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE Or PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types witivn limits established by this proffer statement. 2.2 The maxitnurn dwelling utlits for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 mond7s of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. TIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sutra of $889.00 per dwelling unit for fate 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 Board the sum of $707.00 pet dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. SCHOOLS: 4.1 The Applicant shall contribute to die Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single fatmily detached unit. Page 2 of 7 Rev. 5/16//07 Proffer Statement Haggero) 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single fainily attached unit. 6. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. 7. LIBRARIES: 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. S. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) corrunon buffer areas located Page 3 of 7 Rev. 5/16//07 0 • Proffer StateMew Haggerty outside of residential lots; (iii) common solid waste disposal programs, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffet 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. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER & SEWER: 11.1 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"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement die Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Fredetick-Winchester Service Authority ("die FWSA") site. No residential dwelling units (structure) shall be located within dhis buffer. (See 2 on GDP). 11.4 The Applicant shall install a water marlh to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before die 101" building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stotmwatet management and Best Management Practices (BMP) for die Property shall be provided in accordance wide die Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control i_n existing Virginia law at die time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at die outset of the development process unless otherwise specified below. Page 4 of 7 Rev. 5/16//07 Proffer Statement Haggerty The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access froin the project to VA Route 7. Said collector road shall be located partly within a sixty foot right of way running approximately parallel to the planned tight of way for VA Route 37, and partly within the planned right of way for VA Route 37, in substantial conformance with the alignment depicted on the GDP, and shall be constructed as a rural undivided (R2) cross section provided that curb and gutter may be utilized in some locations. The collector road will transition from a R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor. The collector road shall be constructed froin VA Route 7 to the project site prior to issuance of the fist building perinit for the project, and shall be completed to the south Property boundary prior to issuance of the 151't building perinit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See 4 on GDP) The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. The Applicant shall make available die area necessary for the future construction by othets of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and ate to be 4 feet in height at tune of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). Direct lot access to the "spine" collector shall be prohibited. Page 5 of 7 Rev. 5116HO7 C� C� Proffer Statement Haggerty 13.9 Any portion of the "spine" collector road constructed iii the Route 37 aligninent shall be constructed iii general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. 14. ESCALATOR CLAUSE: 14.1 In the event die monetary contributions set forth in die Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 inonths of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in dze 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 die tune contributions are paid, they shall be adjusted by die percentage change in the CPI-U from that date 24 mondis after the approval of dais rezoning to the most recently available CPI-U to the date die contributions are paid, subject to a cap of 6% pet year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Rev. 5/16//07 • Proffer Statement Haggerty Respectfully submitted, The Canyon, LC M. Titl STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: rti The foregoing instrument was acknowledged before me this day Of , 2007, by —pA w el t3 • l4ea l b' e4 y My coins iissio expires _ /j ci , 2 U Notary Public _ Page 7 of 7 Rev. 5/16//07 • 0 PROPOSED PROFFER STATEMENT REZONING: RZ. # Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres +/-; Tax Map Parcels 55-A-212 & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07. 5 16 07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of 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, Haggerty Property" dated December 20, 2004 revised 11 /27/06 (the "GDP"), and shall include the following: LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single fainily attached units. E • Proffer Staterr2ew Haggerty 1.2 Single family detached housing types shall comprise a minimurn of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Iaggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy area Formatted: Bullets and Numbering requested shall be 75 in any 12 month period within the first 24 months of project development beginning on the date of master development plan approval by the Board and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to cam over to the subsequent 12 month period in addition to those units other Wise tpernnitted. 2.3 After 60 months from master development plan approval by the Board any retraining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per 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 Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 7 Rev. 5/16//07 0 • Proffer Statement Haggerty 4.2 The Applicant shall contribute to the Board the surn of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to the Board the stun of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. 7. LIBRARIES: 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon die issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriffs Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the suin of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to die County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, dudes, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have tide to and responsibility for (i) all cornmon open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 7 Rev. 5/16//07 �J 0 Proffer State»iew Haggerty outside of residential lots; (iii) common solid waste disposal programs, (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. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by conunercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER & SEWER: 11.1 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"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick -Winchester Service Authority ("the FWSA") site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of Stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 7 Rev. 5/16//07 0 0 Proffer Statement Haggerty 13.2 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located partly within a sixty foot right of way running approximately parallel to the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, in substantial conformance with the alignment depicted on the GDP, and shall be constructed as a rural undivided (R2) cross section provided that curb and gutter may be utilized in some locations. The collector road will transition from a R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151" building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall futther enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). Formatted: Bullets and Numbering 13.8 Direct lot access to the "spine" collector shall be prohibited. Page 5 of 7 Rev. 5/16//07 0 Proffer Statement Haggerty 13.9 Any portion of the "spine" collector road constricted in the Route 37- Formatted: Bullets and Numbering ali�lment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors (`Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the 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 contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Rev. 5/16//07 0 0 Proffer Statement Haggerty Respectfully subtnitted, The Canyon, LC By: Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acluiowledged before me this day of , 2007, by My commission expires Notary Public Page 7 of 7 Rev. 5/16//07 PROPOSED PROFFER STATEMENT REZONING: RZ. # Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres +/-; Tax Map Parcels 55-A-212 & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07. 5 16 07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of 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, Haggerty Property" dated December 20, 2004 revised 11/27/06 (the "GDP"), and shall include the following: LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. L Proffer Statement Haggerty 1.2 Single family detached housing types shall comprise a minimurn of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO TIIE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are' Formatted: Bullets and Numbering requested shall be 75 in any 12 month period within the first 24 months of project development beginning on the date of nnaster development plan approval by the Board and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board anv remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per 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 Board the surn of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the surn of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 7 Rev. 5/16//07 • 0 Proffer Statement Haggerty 4.2 The Applicant shall contribute to the Board die sum of $5,881.00 per dwelling unit for school purposes, payable upon die issuance of a building permit for each single family attached unit. 6. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to the Board the stun of $1,288.00 per dwelling unit for recreational pin -poses, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sutn of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. 7. LIBRARIES: 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to dae Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 7 Rev. 5/16//07 E Ll Proffer Stateinent Haggerty outside of residential lots; (iii) common solid waste disposal programs, (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 othetwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER & SEWER: 11.1 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"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick -Winchester Service Authority ("the FWSA") site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 7 Rev. 5/16//07 9 0 Proffer Statement Haggerty 13.2 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located partly within a sixty foot right of way running approximately parallel to the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, in substantial conformance with the alignment depicted on the GDP, and shall be constructed as a rural undivided (R2) cross section provided that curb and gutter may be utilized in some locations. The collector road will transition from a R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151'` building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto die "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). Formatted: Bullets and Numbering 13.8 Direct lot access to the "spine" collector shall be prohibited. Page 5 of 7 Rev. 5/16//07 0 L� Proffer Statement Haggerty 13.9 Any portion of the "spine" collector road constructed in the Route 37, Formatted: Bullets and Numbering alignment shall be constructed in general conformance with the ! Tical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by \Maguire Associates, Inc. 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors (`Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the 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 contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Rev. 5/16//07 Proffer Statement Haggerty Manager STATE OF �TIRGINIA, AT LARGE FREDERICK COUNTY, To-xvit: The foregoing instrument was acknowledged before me this day of , 2007, by My commission expires Notary Public Page 7 of 7 Rev. 5/16//07 0 0 PROPOSED PROFFER STATEMENT REZONING: RZ. # Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres +/-; Tax Map Parcels 55-A-212 & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Iaggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that die above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezone g of the Property with "filial rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include die 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 affitmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at tine time of development of that portion of the Property adjacent to or including tine improvement or other proffered requitement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Haggerty Property" dated December 20, 2004 revised 11 /27/06 (the "GDP"), and shall include the following: LAND USE: 1.1 Residential development on the Property shall not exceed a maxni nutn of 300 dwelling units. Housing types shall be limited to single family detached and single farmily attached units. • E Proffer Statement Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximuin dwelling units for which certificates of occupancy are requested shall be 75 vi any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period ui addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for ftte 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 Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCIIOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 7 Rev. 5116HO7 • �I Proffer Statement Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. 7. LIBRARIES: 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to die Board the sum of $200.00 per dwelling unit for construction of a general governmental adininistration building upon issuance of building perinit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be inade subject to a homeowners' association (hereinafter "HOA") diat shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to ffieit jurisdiction, and shall be provided such otiet responsibilities, duties, and powers as are customary for such associations or as may be requited for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have tide to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 7 Rev. 5/16//07 Proffer Statement Haggerty outside of residential lots; (iii) common solid waste disposal programs, (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 IIOA 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. 10.3 The Applicant shall provide management and start up assistance to die HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing die delivery of said service to all dwelling units within the residential development. 11. WATER & SEWER: 11.1 The Applicant shall be responsible for connecting die 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"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to die FCSA in order to implement tie Senseny Road Regional Sewage Puinp Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on die Frederick -Winchester Service Authority ("die FWSA") site. No residential dwelling units (structure) shall be located within diis buffer. (See 2 on GDP). 11.4 The Applicant shall install a water inain to a point of connection with die FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101' building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 wlhich results in the highest order of storrmwater control in existing Virginia law at die tune of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at die outset of die development process unless otherwise specified below. Page 4 of 7 Rev. 5/16//07 0 C1 Proffer State»zew Haggerty 13.2 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located partly within a sixty foot right of way running approximately parallel to the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, in substantial conformance with the alignment depicted on the GDP, and shall be constructed as a rural undivided (R2) cross section provided that curb and gutter may be utilized iii some locations. The collector road will transition from a R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor. The collector road shall be constructed from VA Route 7 to die project site prior to issuance of the fist building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151" building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of die proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The inix of trees are to be determined through discussion with die Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 13.8 Direct lot access to dze "spine" collector shall be prohibited. Page 5 of 7 Rev. 5116HO7 • • Proffer Statement Haggerty 13.9 Any portion of the "spine" collector road constructed in the Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set fotth in die Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set fotth in the Proffer Statement which are paid to the Board after 30 mondis following the approval of this rezoning shall be adjusted in accordance wide die Urban Consumet Price Index ("CPI-U") published by the United States Department of Labor, such that at die time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Rev. 5/16//07 0 11 Proffer StatemeW Haggerty Respectfully submitted, The Canyon, LC By: Titl STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before ine thus day Of 01 Ay , 2007, by -pig I ! id (3 . 1 e , d,-y My col +2�c>�; Notary Public Page 7 of 7 Rev. 5116HO7 . Page 1 of 1 Mike Ruddy From: Patrick R. Sowers [Patrick.Sowers@phra.com] Sent: Wednesday, May 16, 2007 12:41 PM To: 'Mike Ruddy' Subject: Haggerty Proffer Revision Mike, I delivered a signed, revised proffer statement for the Haggerty Property to your office today. I've attached a PDF of the redmarked version of the proffer so you can see what changes we have made. The changes include: 1) Matching the proposed phasing schedule to the original proffer as approved by the Board (i.e. 60 months) 2) Prohibit direct lot access to Haggerty Blvd. 3) Provide that the portions of the spine road located as Route 37 would be constructed using Maguire Associates preliminary plans. Let me know if you have any questions. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com 5/18/2007 r� u REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): PROPOSED PROFFER STATEMENT RZ. # ©y-oq Residential Performance (RP) to Residential Performance (RP) 111.56 acres +/-; Tax Map Parcels 55-A-212 & 212A (the "Property") The Canyon, LC The Canyon, LC Haggerty Property December 20, 2004 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defused as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the. time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Haggerty Property" dated December 20, 2004 revised 11 /27/06 (the "GDP"), and shall include the following: 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement . 0 Haggerty 1.2 Single family detached housing types shall comprise a miniinum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period beginning on the date of master development plan approval by the Board. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to dlose units otherwise permitted. 2.3 After 48 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined doing the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per 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 Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. SCHOOLS: 4.1 The Applicant shall contribute to d-ie Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 7 Rev. 3/22/07 Proffer Statenaew The Applicant shall contribute to the Board the stun of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. PARKS & OPEN SPACE: The Applicant shall contribute to the Board the sun dwelling unit for recreational purposes, payable upon building permit for each single family detached unit. The Applicant shall contribute to the Board the sun dwelling unit for recreational purposes, payable upon building permit for each single family attached unit. The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. The Applicant shall contribute to die Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. SHERIFF'S OFFICE The Applicant shall contribute to the Board die sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. ADMINISTRATION BUILDING The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. CREATION OF HOMEOWNERS' ASSOCIATION: The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. In addition to such other duties and responsibilities as may be assigned, an HOA shall have tide to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 7 Rev. 3/22/07 Proffer Statemew • Haggerty outside of residential lots; (iii) common solid waste disposal programs, (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. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for IIOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by cominercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER & SEWER: 11.1 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"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick -Winchester Service Authority ("the FWSA") site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101' building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 7 Rev. 3/22/07 Proffer Statemew • • Haggerty 13.2 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located partly within a sixty foot right of way running approximately parallel to the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, in substantial conformance with the alignment depicted on the GDP, and shall be constructed as a rural undivided (R2) cross section provided that curb and gutter may be utilized in some locations. The collector road will transition from a R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 151't building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to die "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, die County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County widen 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of die proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 14. ESCALATOR CLAUSE: 14.1 In the event die monetary contributions set forth in die Proffer Statement are paid to die Frederick County Board County Supervisors ("Board") within Page 5 of 7 Rev. 3/22/07 Proffer Stateiiieid 1 Haggerty 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the 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 contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Rev. 3/22/07 Proffer Statement 0 Haggerty Respectfully submitted, The Canyon, LC By: 4K/' Tide: Ma er STATE OF VIRGINM, AT LARGE FREDERICK COUNTY, To -wit: The foregouig insttumen vas aclmowled gd before me this J3day of 4�,Jll 2007, by - �l G� �� � •li ���� <<�� C' rt act ��,�/� L My coinrnission xpires I Notary Public � �?� L � Page 7 of 7 Rev. 3/22/07 0 '4Sp0 � o 00 jO b rj/ 0' R/V FOR ..�•..._ O _ - FUTURE ACCESS " - BY OTHERS O J 0 HAGGERTY v PROPERTY 0 'SPiAE D O PROPREGIONAL �• `` --- 7ION CPRONJEC CIO G \\ C 1 FU>3UREROUTE 7-SENSENYR13AD CONNECTION Y THERS), i �••�._...--�"_.- r: O %r DENOTES GENERALIZED OPEN SPACE ti HAGGERTY PROPERTY gilbert w. clifford & associates 11 o �o v v GENERALIZED DEVELOPMENT PLAN o division of Patton, Harris, Rust &Associates, pc 117 E. Picodilly St. tYnchester, Virginia 22601 FREDERICK COUNTY, VIRGINIA VOICE: (540) 667-2139 FAX: (540) 665-0493 Patton Harris Rust & 0ociates Engineers. Surveyors. Pianners. Landscape Architects. APR 1 2 r00r R+A 117 East Piccadilly Street H Winchester, Virginia 22601 T 540.667.2139 Memo ran d um F 540.665.0493 -• To: Mike Ruddy Organization/Company: Frederick County Planning From: Patrick Sowers Date: April 12, 2007 Project Name/Subject: Haggerty Proffer Modification Narrative Mike, I've attached a brief narrative that highlights the proposed modifications to the Haggerty Proffer Statement and Generalized Development Plan. Please feel free to call with any questions that you may have. Thanks, Patrick Patton Harris Rust & Osociates Engineers. Surveyors. Planners. Landscape Architects. R+A 117 East Piccadilly Street Winchester, Virginia 22601 PH T 540.667.2139 F 540.665.0493 To: Organization/Company: From: Date: Project Name/Subject: Mike, Mike Ruddy Frederick County Planning Patrick Sowers April 12, 2007 Haggerty Proffer Modification Narrative APR 1 2 2i001 Memorandum I've attached a brief narrative that highlights the proposed modifications to the Haggerty Proffer Statement and Generalized Development Plan. Please feel free to call with any questions that you may have. Thanks, Patrick Frederick County, Virginia IMPACT ANALYSIS STATEMENT FOR REVIEW OF THE HAGGERTY PROFFER MODIFICATION REQUEST Red Bud Magisterial District Apri12007 Prepared by: Patton Harris Rust & Associates 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2139 Fax:540-665-0493 PHR+A April 2007 Haggerty Proffer Modification Request SITE BACKGROUND AND HISTORY On February 9, 2005 the Frederick County Board of Supervisors approved conditional rezoning #14-04 for the Haggerty Property. This rezoning permitted a maximum of 300 residential units and provided for substantial transportation improvements. In addition to providing necessary right of way for future Route 37, Rezoning #14-04 planned for both a North/South collector road, referred to as the Spine Road, to connect Route 7 with Senseny Road as well as an East/West Collector Road to connect with the adjacent property to the West. Figure I depicts the transportation network proffered as part of Rezoning #14-04. PROFFER MODIFICATIONS The Proffer Modification Request for the Iaggerty Property relates to transportation improvements with the only exception being one minor revision to proffer 10.2 to give the HOA responsibility for a common solid waste disposal program. Other proffers, such as maximum number of residential units, remain identical to the proffers approved as part of Rezoning #14-04. Figure 2 depicts the proposed transportation network associated with this request. The modifications to the transportation proffers include the following: 1. Spine Road Alignment The alignment of the Spine Road, as depicted by the Generalized Development Plan proffered as part of the original rezoning, proposed a collector road from Route 7 to the southern project boundary with the intent that die roadway would provide the much needed Route 7/Senseny Road connection until such time that Route 37 was constricted. The revised alignment of the Spine Road traverses into the future Route 37 aligmment and would be constructed as the typical Route 37 cross section for approximately 750 feet to connect to the Southern Property boundary. While construction of 750 feet of future Route 37 is significant, the greater benefit of the Spine Road re -alignment is found in the implementation of the connection between Route 7 and Senseny Road. As approved with Rezoning #14-04, the Spine Road connection between Route 7 and Senseny Road would very likely not be completed until such time that the adjacent Property to the South develops. Aligning the roadway with Route 37, allows for this North - South connection to occur using a known alignment prior to development activities on the adjacent property should the right of way for future Route 37 and a funduig mechanism be acquired. Figure 3 depicts how Route 37 could be extended from the Southern Property boundary to Senseny Road via the planned off ramp. This scenario would provide for the Route - Page 1 of 2 - April 2007 • OHaggerty Proffer Modification Request 7/Senseey Road connection while providing the opportunity to construct the interchange for Route 37 at Senseny Road without interrupting traffic flow for the North -South traffic movement. Additionally, the Spine Roach has been modified from a U2 (Urban Undivided) to a R2 (Rural Undivided) cross section to utilize an open section design that better matches the cross section for Route 37 and also provides the ability to expand die roadway In the future without the additional work and disturbance associated with removing curb and gutter. The section of the roadway at Route 7 and at the subdivision street intersection will remain an urban design. 2. East-West Connector Road The alignment of die East-West Connector Road which connects die Spne Road with property to the West has shifted approximately 400 feet South. The original intent of this roadway, to ptovide access to property West of the site, remains intact. It is also important to note that shifting the roadway 400 feet South from the original location is not in conflict with the Eastern Road Plan, as the potential for connection to existing Valley Mill Road remains as feasible with the proposed alignment as it was witi the previous version approved as part of Rezoning 14-04. CONCLUSION The Iaggerty Ptoffer Modification Request maintains the cote transportation goal of dae original Haggerty Rezoning, die future connection of Route 7 widi Senseny Road. The revised proffers provide for constriction of a portion of two lanes of Route 37 and, more importantly, potentially expedites dle connection between Route 7 and Senseny Road by providing for a link that could be made regardless of whether or not the adjacent Property were to develop. As such, the proposed Proffer Modification Request for the Haggerty Property presents itself as a step forward in implementing critical transportation connections that are much needed in dais portion Frederick County. -Page2of2- VA C3 HAGGERTY PROPERTY M-MM-16, rb � 6 y/1 R Oi OPOSED 0 F RE :SA 1EG'0NA PUMP STATION 'T CO SCREEN E ROU ROAD COLLECTOR (BY ?TNERS) pzv 'DENOTES GENERALIZED OPEN SPACE LAYOUT 3 HA GGER TK PROPERTY Patton, Harris, Rust & Associates RZ 74-04 TRANSPORTATION PLAN 117 E. Picadilly St. Winchester, Virginia 22601 Q) VOICE: (540) 667-2139 FAX: (540) 665-0493 ,::� --,j f-REDf-PICK COUNTY, VIRGINIA Figure 1 � \ mac. �� � _ -•�. A ROUTE WVTM ��i�aE—ass` J o � �•- � __ _— - HAGGERTY J PROPERTY � o { SPINEAD -PROPOSED- `\\ REGIONAL 14' U ROJE ON _ 1f qx'N 110 145 ." '% � 11 FUTURE ROUTE 7-SENS�ENY _ •1 �i% i,� �y��*, *1��� \, i .ROAD CIINNECTION Y THERS). Q r" = DENOTES GENERALIZED OPEN SPACE ti HAGGERTY PROPERTY Patton, Harris, Rust & Associates obi PROPOSED TRANSPORTATION PLAN 117 E. Picadilly St. Winchester, Virginia 22601 O O O VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, VIRGINIA MUUML z ' SPIN AD 0 REGIONAL PROJE SCR RALGERTY PROPERTY 01I EC ON Ur I CONSTRUCTION r-IPNTXERC 13 Pit `5F__. CU DENOTES GENERALIZED OPEN SPACE 7 - SENSENY ROAD Patton, Harris, Rust & Associates ROUTE HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) 7 S 307 EAST MARKET STREET 9 EAST B05CAWEN STREET SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA 0. LELAND MAHAN TELEPHONE 703-777-1050 TELEPHONE 540-662-3200 ROBERT T. MITCHELL, JR. FAx 540-552-4304 JAMES A. KLENKAR E-MAIL lawyers@hallmonahan.com STEVEN F. JACKSON July 25, 2007 DENNIS J. MCLOUGHLIN, .JR. HAND -DELIVERED Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 PLEASE REPLY TO: P. O. Box 848 WINCHESTER, VIRGINIA 22604-0848 Re: Haggerty Property (The Canyon, LC) Proposed Proffer Statement -- Revised July 2, 2007 Dear Mike: JUL 2 5 Lil I have reviewed the above -referenced Proposed Proffer Statement. It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. The words "and shall include the following:" should be deleted at the end of the second paragraph on the first page. 2. In Proffer 11.2, a second sentence should be added as follows: "The Applicant shall convey the requested land and easements to the FCSA within 30 days of a request from FCSA for the needed land and easements." 3. In Proffer 11.4, staff should determine if the size of the water main needs to be specified in this Proffer. 0 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy July 25, 2007 Page 2 4. With respect to Proffer 13.4, I offer the following continents: a. A sentence should be inserted after the first sentence as follows: "The Applicant shall dedicate the 80-foot right of way to the County within 30 days of the County's request therefor." b. It is my understanding that the Applicant is proposing a landscape screen that does not comply with the zoning ordinance. It is my recontinendation that the Board of Supervisors not approve a proffer which calls for a development component which does not apply with County ordinances, even though it may be stated as an alternative in the proffer. The Applicant needs to make a decision as to what right of way the Applicant is willing to dedicate, by a proffer which complies the zoning ordinance. 5. In Proffer 13.6, I would recontinend that the words "by Applicant" be added to the end of the first sentence. 6. In Proffer 13.7, I would reconunend that the last sentence be amended to add after the word "VDOT", enclosed in commas, the following: "and approved by the County". 7. In Proffer 15.1, the following words at the end of the proffer should be deleted: "and shall be depicted on future subdivision design plans for the adjacent Twin Lakes development." The Board should not approve a proffer that requires action by a property owner not a party to the current proffer. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review has been done by the staff and the Planning Commission. In particular, I have not undertaken to continent upon the appropriateness of the specific transportation proffers as I assume that that will be done by the staff, engineers for the County, and/or VDOT. LJ 0 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy July 25, 2007 Page 3 If there are any questions concerning the foregoing comments, please contact me. yours, Robert T. Mitc RTM/ks Patrick R. Sowers From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.Virginia.gov] Sent: Thursday, March 08, 2007 8:59 AM To: Patrick Sowers Cc: Ingram, Lloyd; 'Eric Lawrence' Subject: Haggerty Rezoning Modification Request The documentation within the application to rezone this property appears to have significant measurable impact on Route 7. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT has reviewed the transportation proffers offered in the Haggerty Rezoning Modification Request Application dated December 14, 2006 addresses transportation concerns associated with this request. VDOT is satisfied provided the following clarifications are provided in Section 13.2: * The spine road will transition from the R-2 cross section to the Route 37 typical section upon entering the proposed Route 37 Corridor. * It should be clarified that "project boundary" and "property line" are the same in reference to the construction of a spine road. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off - site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency - Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 1 a -lose w l ° 1-)opav rnenz q a w� y U171'ice Of mile Five fvia Thal €'Pcvi��ry �ao'Id C�a�rrit I-nents VIRGINIA Control number RZ06-0022 Project Name The Canyon Address 117 E. Piccadilly St. Type Application Rezoning Current Zoning RP Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Date received 12/14/2006 City Winchester Tax ID Number 55-A-212 & 212A Date reviewed Date Revised 12/15/2006 Applicant Patton Harris Rust & Associates State Zip Applicant Phone VA 22601 540-667-2139 Fire District 18 Recommendations Automatic Fire Alarm System No Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Rescue District 18 Election District Red Bud Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Plan Approval Recommended Reviewed By Signature1. Yes Jeffrey S. Neal Title _ Ssz��� 0 0 • • is Rezoning Comments HAGGERTY REZONING Frederick County Department of Inspections Mail to: Frederick Co. Dept. of hnspections Attn: Director of Inspections 107 North Kent Street Winchester, VA 22601 (540) 665-5650 Hand deliver to: Frederick Co. Dept. of Inspections Attn: Director of Inspections Co. Administration Bldg., 4"' Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill 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 Phone: (540) 667-2139 Mailing Address: c/o Patrick Sowers V -.: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: VlaViWl Approx. 3 miles East of Winchester and south of Route 7. Bounded on the north by the Opequon WWTP and East of Eddy's Lane (Route 820). Current Zoning: RP ? Zoning Requested: RP Acreage: 111.56 Ac Department of Inspections Comments: //lid t p VA (6 � Ze `� �� a�-e B G(iCfi�/ / D7�I �f. 6 n Inspections Signature & Date: - � le r pections — Please Notice to Dept. "I Retur 1- his Form to the Applicant 11 • Rezoning Comments HAGGERTY REZONING Frederick County Department of Public Works Mail to: Frederick Co. Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, VA 22601 (540) 665-5643 Hand deliver to: Frederick Co. Dept. of Public Works Attn: Director of Engineering Co. Administration Bldg., 4"' Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill 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 snap, proffer statement, impact analysis, an& any other pertinent information. Applicant's Name: Patton Harris Rust & Associates Mailing Address: c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Phone: (540) 667-2139 n 11FCa ��� �11(1fi Approx. 3 miles East of Winchester and south of Route 7. Bounded on the north by the Opequon WWTP and East of Eddy's Lane (Route 820). Current Zoning: RP Zoning Requested: RP Acreage: 111.56 Ac Depar ent of Public Work's Comments: Qe�v- 63n�-tLcb w",11�j OaV-a. 10 •4 WWe�rt TVL9- is Ircc PVC c�Q c uv dlz -fVa c©� cc `�'( Ia v Public Works Signature &Date: �. �� 20� 66 Notice to Dept. of Public Work — Please Return This Form to the Applicant 10 L� • Rezoninf4 Comments HAGGERTY REZONING 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 DEC 14 2006 Applicant: Please fill 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 Phone: (540) 667-2139 Mailing Address: c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Approx. 3 miles East of Winchester and south of Route 7. Bounded on the north by the Opequon WWTP and East of Eddy's Lane (Route 820). Current Zoning: RP Zoning Requested: RP Acreage: 111.56 Ac Fred -Win- Service Authority's Comments: C.lc1F1flw%i4 tf lty. Fred -Wine Service Authority' ,( FWSA Signature & Date: � �. ✓ �'" -7 Notice to Fred-Winc S4vice Authority — Please Return This Form to the Applicant 19 0 • Frederick -Winchester Service Authority Post Office Box 43 Winchester, Virginia 22604 Office: 107 North Kent Street County Office Complex Winchester, Virginia 22601 1-540-722-3579 January 3, 2007 Patrick Sowers Patton Harris Rust & Associates 117 East Piccadilly Street Winchester, VA 22601 Dear Mr. Sowers: SUBJECT: HAGGERTY REZONING I have reviewed the revised proffer statements for the Haggerty property. As I believe you are aware, the Frederick -Winchester Service Authority has a significant involvement in this project, related to the roadway which will tie this project's road system into Route 7. Our first comment is in reference to Section 11, Water and Sewer, Subparagraph 11.4, regarding the applicant's proffer to install a water main to a point of connection with the Frederick -Winchester Service Authority's Opequon sewer plant property line. Under an agreement approved by the Frederick -Winchester Service Authority Board, the water main would be extended and tied into the existing onsite water system which would require an extension well beyond the Opequon's westerly property line. Our other comment is with regard to the applicant's change (downgrading) of the roadway system from urban undivided (U2) to rural undivided (R2). Our concern is that, with the new entrance to the Opequon facility coming off of the new collector road, there will be significant truck traffic entering and leaving the facility. We believe a left turn lane is critical. In closing, so that you are aware of the requirements of the applicant to the Frederick - Winchester Service Authority, I have attached prior correspondence outlining those conditions. I will also note that, as of this date we have not received a formal submittal regarding the entrance to the Opequon facility, although I have met with your firm to discuss options prior to your submittal of this proffer statement. tiinc rely, Jesse W. Moffett Executive -Director Frederick -Winchester Service Authority JWM:ncg Enclosures (2) CC: Eric R. Lawrence — Director — Planning & Development Michael T. Ruddy — Deputy Director - Planning & Development Ron Mislowsky— Patton Harris Rust & Associates "Maimfaimim# amd Prox(otlmg tRa Va64as of tlia Community tRrot gA EhviroHmiaNtad StawardsRip" 0 • Rezoning Comments HAGGERTY REZONING Frederick County Sanitation Authority Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your, application form, location map, proffer • statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667-2139 Mailing Address Location of Property: c/o Patrick 117 E. Piccadilly Sheet, Suite 200 inchester. VA 22601 Approx. 3 miles East of Winchester and south of Route 7. Bounded on the north by the Opequon WWTP and East of Eddy's Lane (Route 820). Current Zoning: RP Zoning Requested: RP Acreage: 111.56 Ac Sanitation Authority Comments: ,xl''o ; �-pia , 6- I y` l��rf�'� � j ,�=� I�✓cam r , Sanitation Authority Signature & Date._�;�� Notice to Sanitation Authority — Please Return This Form to the Applicant 15 • Rezoning Comments HAGGERTY REZONING Frederick County Department of Parks & Recreation Mail to: Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation Co. Administration Bldg., 2"d Floor 107 North Kent Street Winchester; VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667-2139 Mailing Address Location of Property: o Patrick Sowers 117 E. Piccadilly Street, Suite 200 inchester. VA 22601 Approx. 3 miles East of Winchester and south of Route 7. Bounded on the north by the Opequon WWTP and East of Eddy's Lane (Route 820). Current Zoning: RP Zoning Requested: RP Acreage: 111.56 Ac Dept. of Parks & Recreation Comments: Parks Signature &Date: Notice to Dept. of l rks & Recreation — Please Return This Form to the Applicant J 13 u Rezoning Comments HAGGERTY REZONING Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540) 662-2422 Winchester Regional Airport Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667-2139 Mailing Address: c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Approx. 3 miles East of Winchester and south of Route 7. Bounded on the north by the Opequon WWTP and East of Eddy's Lane (Route 820). Current Zoning: RP Zoning Requested: RP Acreage: 111.56 Ac Winchester Regional Airport's Comments Winchester Regional Airport Signature & Date-a�,���, mom k�A� j Z� I S� cy" Notice to Winchester Regional Airport — Please Return This Form to the Applicant 17 • • SERVING THE TOP OF VIRGINIA / December 15, 2006 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 — Revised Proffer Statement Haggerty Property I xeu uuu IvIc'agiSto ial I_: wu IV L 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, �Z)J�va_ R mojv'�4 S. R. Manuel Executive Director S`udcnus AliF C P � c ro F b Frederick County Public Schools Coordinator of Consh-uction Visit us at www.frederick.kl2.va.us e-mail: and Facilities Use kapocsis@frederick.kl2.va.us January 23, 2007 Mr. Patrick Sowers Patton, Harris, Rust and Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Dear Mr. Sowers: RE: Haggerty Proffer Modification Request This letter is in response to your request for comments for the rezoning application regarding the Haggerty Proffer Modification Request. Based on the information provided, it is important that improvements to the transportation system in this undeveloped part of Frederick County be completed prior to the issuance of building permits. Transporting large numbers of students in and out of areas with high -density housing has become increasingly difficult. The impact of this project on current and future school needs should be considered during the approval process. Respectfully yours, Stephen M. Ka ocsi Coordinator of Construction and Facilities Use SMK:dkr cc: Patricia Taylor, Superintendent of Schools Al`Orndorff, Assistant Superintendent for Administration Charles Puglisi, Director of Transportation 540-662-4518 Ext 88112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 Frederick County, Virginia IMPACT ANALYSIS STATEMENT FOR REVIEW OF THE HAGGERTY PROFFER MODIFICATION REQUEST Red Bud Magisterial District April 2007 Prepared by: Patton Harris Rust & Associates 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2139 Fax:540-665-0493 PH Rl� April 2007 0 9 Haggerty Proffer Modification Request SITE BACKGROUND AND HISTORY On February 9, 2005 the Frederick County Board of Supervisors approved conditional rezoning #14-04 for the Haggerty Property. This rezoning permitted a maximum of 300 residential units and provided for substantial transportation improvements. In addition to providing necessary tight of way for future Route 37, Rezoning #14-04 planned for both a North/South collector road, referred to as the Spine Road, to connect Route 7 with Senseny Road as well as an East/West Collector Road to connect with the adjacent property to the West. Figure I depicts the transportation network proffered as part of Rezoning #14-04. PROFFER MODIFICATIONS The Proffer Modification Request for the Haggerty Property relates to transportation improvements with the only exception being one rumor revision to proffer 10.2 to give the HOA responsibility for a common solid waste disposal program. Other proffers, such as maximum number of residential units, remain identical to the proffers approved as part of Rezoning #14-04. Figure 2 depicts the proposed transportation network associated with this request. The modifications to the transportation proffers include the following: Spine Road Alignment The alignment of the Spine Road, as depicted by the Generalized Development Plan proffered as part of the original rezoning, proposed a collector road from Route 7 to the southern project boundary with the intent that the roadway would provide the much needed Route 7/Senseny Road connection until such time that Route 37 was constructed. The revised alignment of the Spine Road traverses into die future Route 37 alignment and would be constructed as die typical Route 37 cross section for approximately 750 feet to connect to the Southern Property boundary. While construction of 750 feet of future Route 37 is significant, die greater benefit of the Spine Road re -alignment is found in the implementation of the connection between Route 7 and Senseny Road. As approved with Rezoning #14-04, the Spine Road connection between Route 7 and Senseny Road would very likely not be completed until such time that the adjacent Property to the South develops. Aligning the roadway with Route 37, allows for this North - South connection to occur using a known alignment prior to development activities on the adjacent property should the right of way for future Route 37 and a funding mechanism be acquired. Figure 3 depicts how Route 37 could be extended from the SoudZern Property boundary to Senseny Road via the planned off ramp. This scenario would provide for the Route - Page 1 of 2 - April 2007 ' aggerty Proffer Modification Request 7/Sensney Road connection while providing the opportunity to construct the interchange for Route 37 at Senseny Road without interrupting traffic flow for the North-Soudi traffic movement. Additionally, the Spine Road has been modified from a U2 (Urban Undivided) to a R2 (Rural Undivided) cross section to utilize an open section design that better matches die cross section for Route 37 and also provides the ability to expand the roadway in the future without die additional work and disturbance associated with removing curb and gutter. The section of the roadway at Route 7 and at the subdivision street intersection will remain an urban design. 2. East-West Connector Road The alignment of the East-West Connector Road which connects the Spine Road with property to die West has shifted approximately 400 feet South. The original intent of dis roadway, to provide access to property West of the site, remains intact. It is also important to note that shifting the roadway 400 feet South from the original location is not in conflict with the Eastern Road Plan, as the potential for connection to existing Valley Mill Road remains as feasible with the proposed alignment as it was with the previous version approved as part of Rezoning 14-04. CONCLUSION The Haggerty Proffer Modification Request maintains die core transportation goal of the original Haggerty Rezoning, the future connection of Route 7 with Senseny Road. The revised proffers provide for construction of a portion of two lanes of Route 37 and, more importantly, potentially expedites the connection between Route 7 and Senseny Road by providing for a link that could be made regardless of whether or not the adjacent Property were to develop. As such, the proposed Proffer Modification Request for the Haggerty Property presents itself as a step forward in implementing critical transportation connections that are much needed in this portion Frederick County. - Page 2 of 2 - Vq •p � i` q�SP1c6E / GGERTY c y OPEN SP2,0 � ROf i/1 O FCSA HAGGERTY PROPERTY RZ 14-04 TRANSPORTATION PLAN O v FREDERICK COUMY, WR6/1VG4 1,- 732 --, 'DENOTES GENERALIZED OPEN SPACE LAYOUT Patton, Harris, Rust & Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 rqui I w SPINE- ` \f PROPOSED'- \"i11`If O -'REGIONAL �UM T10N PROJE CIO FL`FTURE, MrrE ON EN'!I I .-, f � ri). J ,�.'� > t1 ��l `.•, , ROAD DN� \ / �p 11 , �l � � � '• ,T ' // ,�- � DENOTES GENEUU7ED OPEN SPACE ti v HAGGERTY PROPERTY Patton, Harris, Rust & Associates o N) PROPOSED TRANSPORTATION PLAN 117 E. Picadilly St. Winchester, Virginia 22601 p OO Q VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, VIRGINIA rlbunr z 1MG], 4z' M AD, REGIO TiON PR EC @UM cb OVO Z, Ti OF 10 JX ONWC 0�;ENI�E,N ROALNVN ILU CONSTRW ON"RCT N, S C3 j! C3 A) 6 (3 '1 =DENOTES GENERALIZED OPEN SPACE 7 O C) )Q '0 HAGGE-I?TY PROPERTY lit: 0� 7 Sf-NSrNY ROAD Patton, Harris, Rust & Associates % ROUTE 117 E. Picadilly St. Winchester, Virginia 22601 Q) Iz CONNECTION CONCEPT VOICE: (540) 667-2139 FAX: (540) 665-0493 f -REDERICK COUNTY LIRGINIA "Ibumt J i ia---- nf) it _- imam c -Ec r Y'2 4`A S COUNTY OF FREDERICK Finance Department 107 North Kent Street Winchester, Virginia 22601 10 n _ i1i16 '2007 Lr a Mailed From 22601 US POSTAGE I r+ - � J RETURN TO SENDER A'T'TE:MF>T"'D - NOT KNOWN UNABLE TO FORWARD 0c : '22601 500099 1,.I, I'll ,I,1I'll I,,I'll 1i,1,I,11,,,II,,,l1 * 3017 01 3U5 - 16 - 42 1111„1,1,1111„1 -r76(WCA( C � Foil County of Frederick, Virginia W: n . zzbo I 107 North Kent Street Winchester, Virginia 22601 Phone: (540) 665-5610 THE CANYON P.O. BOX 3276 WINCHESTER, VA 22604 00000 DETACH BEFORE CASHING °� County of Frederick, Virginia w Must Be Cashed 107 North Kent Street Within Six Months - 68-426 Of Check Date Winchester, Virginia 22601 . s14 PAY 1 Y 16(2007 TO THE ORDER OF THE CANYON * * * lc S .E3t 0.00000000000000000000000000000000000000000 BIW Branch Banking and Trust Co paM FOR Administrator u■(�A In l ug onr- ii-ni. aCne•C 1 17nQr EinCtu 999999 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: October 24, 2007 CJ COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 The amount of $50.00 was deposited in line item 93-010-019110-0008 for the company named below had a deposit for one sign for Rezoning #04-07 for Haggerty Property. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: The Canyon P.O. Box 3276 Winchester, VA 22604 RSA/pd &$,0, t o Ja.Lf 10-7 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 � L _ t . Q ,� 1. lJ COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: October 24, 2007 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for Rezoning #04-07 for Haggerty Property. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: The Canyon P.O. Box 3276 Winchester, VA 22604 RSA/pd &�tt 1.0I344 107 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 6 1: L\ L , 1 L 1 y CZ [1 ERICK COUNTY WILLIAM ORNDOFF, JR 0. BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING PLANNING 0 Date 3/27/2007 Register: JKH/LK Trans. #: 36983 Dept # 1095 Acct# Previous $ 100.00 Balance Principal Being Paid $ 100.00 00 Penalty $ •00 Interest $ Amount Paid $ 100.00 *Balance Due $ .00 Cash 450.00 Check 24507.2000# VARIOUS Pd by PLANNING BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH I RECEIVED FROM 7i: ADDRESS 'J, J FOR RENT JFOR DATE N0.7032 14 lj�lp=77� AMT ,ccTM CASH AMT. PAID 7 CHECK BALANCE MONEY D DUE ORDER BY DOLLARS $ Pd by PLANNING BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE Check 24507,20 # VARIOUS MONTH 3/2007 0 0 LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 Richard C. Shickle, Chairman at Large Mr. Charles S. DeHaven, Jr. Mr. Phillip A. Lemieux Mr. Gary W. Dove Mr. Gene E. Fisher Mr. Bill M. Ewing Ms. Barbara E. Van Osten Frederick County Board of Supervisors 107 North Kent Street Winchester, VA 22601 THOMAS NIOORE LAWSON • TLAWSON n,LSPLC.COM July 25, 2007 Re: Toll VA IV, L.P. Our File No. 600.001 Dear Mr. Chairman and Members of the Board of Supervisors: I have been engaged by Toll VA IV, L.P. ("Toll") to represent its interests with regard to a request to amend the proffers for the Haggerty property. Said proffer amendment includes an alteration of a previously approved General Development Plan ("GDP"), which connects the road network of the Haggerty property to the Toll property. If the proposed Haggerty proffer amendment is approved, then the connection that currently exists between Toll's property and the Haggerty property will be severed. Further, it is Toll's understanding that if the Haggerty proffer is accepted, then Toll will be forced to seek an amendment of its previously approved Master Development Plan ("MDP"). Toll has been in contact with the owners of the Haggerty tract concerning the Haggerty owners' proposed request to amend the proffers. Toll remains willing to work with the owners of the Haggerty property and Frederick County Planning Staff to reach a solution that meets the needs of the owners of the Haggerty tract, without requiring Toll to amend its approved MDP. Toll has previously proceeded through the MDP approval process in September, 2004. Said MDP was submitted and approved pursuant to the requirements of the Frederick County FRONT ROYAL ADDRESS: POST OFFICE Box 602, FRONT ROYAL„ VIRGINIA 22630,TELEPIIONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MIAll.: SII,EKJ@I.YNXCONNECT.COMi FAIRFA%ADDRESS: 10805 MAIN STREET, SUITE 200, FAIRFAX, VIRGINIA 22030, TELEPHONE: (703) 352-2615, FACSIMILE: (703) 352-4190, E-MAIL: TIOMIASO.LAwSONC&VEIZIZON.NET 0 0 Frederick County Board of Supervisors July 25, 2007 Page 2 ordinances. While Toll has no objection to the adjoining Haggerty property seeking to amend its GDP and its road connection to Toll's property, Toll does not consent to an amendment of an adjoining property owner's GDP that would have the effect of not connecting with the Toll property and which would place Toll in a position, which is unfairly prejudicial, where it would be required to seek an amendment to its previously approved MDP. Thank you for your attention to these matters. TML:atd cc: Toll VA IV, L.P. LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 Richard C. Shickle, Chairman at Large Mr. Charles S. DeHaven, Jr. Mr. Phillip A. Lemieux Mr. Gary W. Dove Mr. Gene E. Fisher Mr. Bill M. Ewing Ms. Barbara E. Van Osten Frederick County Board of Supervisors 107 North Kent Street Winchester, VA 22601 TIIOMAS MOORE LAWSON • TLAWSONnn,LSPLC.CONI July 25, 2007 Re: Toll VA IV, L.P. Our File No. 600.001 Dear Mr. Chairman and Members of the Board of Supervisors: I have been engaged by Toll VA IV, L.P. ("Toll") to represent its interests with regard to a request to amend the proffers for the Haggerty property. Said proffer amendment includes an alteration of a previously approved General Development Plan ("GDP"), which connects the road network of the Haggerty property to the Toll property. If the proposed Haggerty proffer amendment is approved, then the connection that currently exists between Toll's property and the Haggerty property will be severed. Further, it is Toll's understanding that if the Haggerty proffer is accepted, then Toll will be forced to seek an amendment of its previously approved Master Development Plan ("MDP"). Toll has been in contact with the owners of the Haggerty tract concerning the Haggerty owners' proposed request to amend the proffers. Toll remains willing to work with the owners of the Haggerty property and Frederick County Planning Staff to reach a solution that meets the needs of the owners of the Haggerty tract, without requiring Toll to amend its approved MDP. Toll has previously proceeded through the MDP approval process in September, 2004. Said MDP was submitted and approved pursuant to the requirements of the Frederick County FRONT Row. ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630,TELEPIIONE: (540) 635-94I5, FACSIMILE: (540) 635-9421, E-MAIL: SILEKJ®I,YNXCONNECT.COAI FAIRFAX ADDRESS: 10805 MAIN STREET, SUITE 200, FAIRFAX, VIRGINIA 22030,TELEPIIONE: (703) 352-2615, FACSIMILE: (703) 352-4190, E-MAIL: TBONSASO.LAWSON©VERIZON.NET Frederick County Boaffif Supervisors July 25, 2007 Page 2 ordinances. While Toll has no objection to the adjoining Haggerty property seeking to amend its GDP and its road connection to Toll's property, Toll does not consent to an amendment of an adjoining property owner's GDP that would have the effect of not connecting with the Toll property and which would place Toll in a position, which is unfairly prejudicial, where it would be required to seek an amendment to its previously approved MDP. Thank you for your attention to these matters. TML: atd cc: Toll VA IV, L.P. • 1 CC. �j ='1 Cam" �'I'� 1` LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 Richard C. Shickle, Chairman at Large Mr. Charles S. DeHaven, Jr. Mr. Phillip A. Lemieux Mr. Gary W. Dove Mr. Gene E. Fisher Mr. Bill M. Ewing Ms. Barbara E. Van Osten Frederick County Board of Supervisors 107 North Kent Street Winchester, VA 22601 THOMAS MOORE LAWSON • TLAWSON(a)LSPLC.COM July 25, 2007 Re: Toll VA IV, L.P. Our File No. 600.001 Dear Mr. Chainnan and Members of the Board of Supervisors: I have been engaged by Toll VA IV, L.P. ("Toll") to represent its interests with regard to a request to amend the proffers for the Haggerty property. Said proffer amendment includes an alteration of a previously approved General Development Plan ("GDP"), which connects the road network of the Haggerty property to the Toll property. If the proposed Haggerty proffer amendment is approved, then the connection that currently exists between Toll's property and the Haggerty property will be severed. Further, it is Toll's understanding that if the Haggerty proffer is accepted, then Toll will be forced to seek an amendment of its previously approved Master Development Plan ("MDP"). Toll has been in contact with the owners of the Haggerty tract concerning the Haggerty owners' proposed request to amend the proffers. Toll remains willing to work with the owners of the Haggerty property and Frederick County Planning Staff to reach a solution that meets the needs of the owners of the Haggerty tract, without requiring Toll to amend its approved MDP. Toll has previously proceeded through the MDP approval process in September, 2004. Said MDP was submitted and approved pursuant to the requirements of the Frederick County FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630,TELEPIIONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAW SILEXJ®LYNXCONNECT.COM FAIRFAX ADDRESS: 10805 MAIN STREET, SUITE. 200, FAIRFAX, VIRGINIA 22030,TELEPIIONE: (703) 352-2615, FACSIMILE: (703) 352-4190, E-MAIL: TUOAMASO.LA\VSON©VEIUZON.NET Frederick County Board'of Supervisors July 25, 2007 Page 2 ordinances. While Toll has no objection to the adjoining Haggerty prc GDP and its road connection to Toll's property, Toll does not conse adjoining property owner's GDP that would have the effect of not property and which would place Toll in a position, which is unfairly l be required to seek an amendment to its previously approved MDP. Thank you for your attention to these matters. TML:atd cc: Toll VA IV, L.P. c r Patton H.1 Rust & Associates Engineers. Sury yors Planners Landscape Architects. P RA CORPORATE: Chantilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES' Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columba Frederick Germantown Hollywood Hunt Valley Williamsport PFNNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg T 540 667.2 139 F 540.665,0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 July 11, 2007 Mr. Michael Ruddy Department of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Haggerty Proffer Modification Request Dear Mike: J U L 1 1 2001 Please find attached the following documents regarding the Haggerty Proffer Modification Request: • Revised Proffer Statement dated July 10, 2007 • Revised Generalized Development Plan (GDP) dated July 2, 2007 • Red -marked version of proffer statement depicting modifications made since the May 16, 2007 Proffer Statement The following is a brief explanation of the proffer modifications since the May 16, 2007 Proffer Statement: Proffer 13.2 The proffer to construct the "Spine" Road still includes the construction of a R2 roadway from Route 7 to the Southern Property boundary with a portion of the "Spine" Road being constructed as future Route 37. The revised proffer now includes 80 feet of right of way (previously 60 feet) for the "Spine" Road from the connection of the East-West Collector Road to the northern project limits. This additional right of way dedication will provide the opportunity for future transportation improvements by the County and/or VDOT if deemed necessary. Proffer 13.4 The location of the East-West Collector Road has been shifted approximately 400 feet north from the alignment proposed in the May 16, 2007 proffer statement. This revised alignment is in keeping with the adopted Eastern Road Plan and also in keeping with the recommendation of Frederick County Planning Staff per previous public hearings. The proffer provides for two scenarios, each providing a 90 foot reservation area for right of way and buffer/screening. Both scenarios commit to the construction of the southern two lanes of an ultimate urban four lane divided (U4D) roadway. 0 0 Scenario 1, as described by Proffer 13.4.1, assumes that 40 feet of right of way will be dedicated on the adjoining property to the north. Under this scenario, the Applicant would provide the additional 40 feet of right of way needed for the collector roadway and also provide a 50 foot reduced distance road efficiency buffer between the roadway and residential lots. Scenario 2, as described by Proffer 13.4.2, assumes that the 40 feet of right of way is not dedicated on the Property to the north. Under Scenario 2, the Applicant has proffered to dedicate the full 80 feet of right of way and also provide a 10 foot landscaped buffer between the roadway and residential lots. Proffer 13.8 The revised proffer statement now prohibits direct lot access to both the "Spine" PRA Road and the East-West Collector Road. Proffer 15.1 The revised proffer statement and GDP now depicts a future inter -parcel connection with Phase 10 of the adjacent Twin Lakes development along the Haggerty Property's western boundary. This new inter -parcel connection location is necessitated by the shift of the "Spine" Road into the Route 37 right of way which moved the roadway out of reach of the inter -parcel connection as shown on the approved master development plan for the Twin Lakes property. The phasing schedule and proffered maximum dwelling units approved as part of the existing Haggerty proffer package has not changed. The proposed proffer changes represent improvements to the proposal that are consistent with the Eastern Road Plan. As such, the proposed proffer modifications implements many goals of the County's Comprehensive Plan and merits favorable consideration and approval. As always, please feel free to call with any questions or comments you may have. Sincerely, Patton Hanis Rust & Associates Patrick R Sowers Patton Harrt�Rust & Associates Engineers. Surveyors Planners Landscape Architects. CORPORATE: Chantilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbndge LABORATOR I E 5' Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Fredericl: Germantown Hollywood Hunt Valley Williamsport PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE' Marllnsbwg T 540 667.2 139 F 540,665,0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 July 18, 2007 Mr. Eric Lawrence Department of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Haggerty Proffer Modification Request Dear Eric: 0 Please find attached a revised Proffer Statement for the Haggerty Property dated July 17, 2007, The changes to the proffer statement are in response to the comments provided by VDOT on July 17, 2007. The changes from the previous version of the proffer dated July 10, 2007 are as follows: Proffer 13.2 The language has been modified to state that the Applicant has the right to "request" rather than "apply" for partial funding for construction of the collector road through revenue sharing or other VDOT programs. Proffer 13.3 Improvements to Route 7 at the "spine" road intersection are now proffered to be constructed prior to issuance of the first building permit. Proffer 13.4 The statement, "The East-West collector road shall be designed to accommodate the future Route 37 fly -over bridges," has been added to ensure that the proposal will not impact the constructabilityof future Route 37. Proffer 13.6 The statement, "All plats depicting the VA Route 37 right of way shall note that the roadway is limited access," has been added. As always, please feel free to call with any questions or concerns. Sincerely, Patton HJam's Rus & Associates Patrick K Sowers 161 Patton Harris Rust & Msociates Engineers. Surveyors. Planners. Landscape Architects. R+A 117 East Piccadilly Street J U L � j 2001 Winchester, Virginia 22601 PH T 540.667.2139 F 540.665.0493 To: Mike Ruddy Organization/Company: Frederick County Planning From: Patrick Sowers Date: July 11, 2007 Project Name/Subject: Haggerty Proffer Modification Request Please find attached a revised proffer statement dated 7/10/07 for the Haggerty Property. I have also attached a redmarked version which shows the changes made to the document since the 7/2/07 revision submitted to your office last week. The only modification was to Proffer 13.4 which provides the same intent to provide an 80' right of way and construct 2 lanes of the East-West collector but now also includes a trigger of 225 building permits for the fall construction of this roadway to avoid any concerns by the County of the timeframe for the construction of the East-West collector. Please feel free to call with any questions that you may ha*. Sincerely, Patton Harris Rust & ssoci es Patrick R. Sowers COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 TO: Bob Mitchell FROM: Michael T. Ruddy, AICP f Deputy Director RE: Rezoning Application Proffer Statements DATE: July 10, 2007 Please find attached to this memorandum the proffer statement from the Carriage Park rezoning application, RZ#12-06. This revised proffer statement was recently re -submitted in anticipation of the upcoming Board of Supervisors meeting on July 25, 2007. The Planning Commission recommended denial of this application for a variety of reasons, including concerns with the timing and content of the revised proffer statement. We would appreciate your 3`d review of the Proffer Statement with particular attention being paid to Section 12, Transportation. I have attached the previous version of the proffer statement for your comparison. Also attached for your review is the revised proffer statement from the Haggerty rezoning application RZ#04-07. This request is to amend the proffer statement as it relates to transportation improvements and the GDP. The Board of Supervisors is scheduled to also review and hold a public hearing on this application on July 25, 2007. Thank you for your continued assistance. cc: John Riley, Jr., County Administrator Attachments MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Eric Lawrence [elawrenc@co.frederick.va.us] Tuesday, July 03, 2007 10:53 AM 'Mike Ruddy'; John Bishop Subject: Haggarty Rez/MDP Based on yesterday's meeting, I would expect that today you will be forwarding to the Planning Department the latest proffer amendment and MDP for the Haggarty property. Submission of these documents today is necessary so that each may be accommodated on their respective agendas. In looking at the PC and Board meeting dates over the next few months, I would propose the following dates for your Haggarty reviews (presuming each is submitted today): July 25th Board reviews proffer amendment; if Board approves proffer amendment, then the PC could review the MDP on August 15th, and the Board on August 27th. Obviously, this tentative schedule would be modified if the PC or Board elect not for forward a plan through the approval process. Keys areas that will be addressed in staff reports (Proffer Revision and MDP reports) based on our discussion [note that once we receive the proffer and MDP additional issues may be identified]: • Proffer Amendment would establish an 80' wide east -west major collector ROW, with developer constructing a 2-lane road section. • Proffer Amendment would eliminate parallel north -south collector road. In its place, a 2-lane road section would be constructed within the Rt 37 ROW. • Proffer Amendment would provide an 80' wide ROW for the north -south major collector road within limits of the development, and outside of the previously proffered Rt 37 ROW • MDP would illustrate the locations of proffered roads; • MDP would identify interparcel connections to accommodate the approved Twin Lakes project- you will provide letter of support from the Twin Lakes developer — Toll Brothers. • Intersection design of the major collector roads will need to be resolved prior to road design plan approvals. This issue will be discussed in the proffer amendment and MDP reports Please advise if I missed any key discussion items from yesterday. -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(o)co.frederick.va. us http://www.co.frederick.va.us/Plannin_gAndDevelopment/PlanningAndDev.htm www.co.frederick.va.us Page 1 of 1 Mike Ruddy From: Patrick R. Sowers [Patrick. Sowers@phra.com] Sent: Wednesday, June 13, 2007 11:41 AM To: 'Mike Ruddy' Cc: 'Eric Lawrence' Subject: Haggerty and Carriage Park Postponement Requests Mike, Per our conversation earlier, I've attached a letters requesting postponement of the public hearings scheduled for tonight for both the Carriage Park and Haggerty applications. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com 6/13/2007 M • 0 Pallon Harris Rust & Associates Engineers. Surveyors. Planners Landscape Archilects. June 13, 2007 VIA E-MAIL Mr. Michael Ruddy Deputy Director of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Haggerty Proffer Modification Request PI -IRA Dear Mike: I would like to request a postponement of the Haggerty Proffer Modification CORPORATE: Request (RZ # 04-07) scheduled for a public hearing at the June 13, 2007 Frederick Chantilly County Board of Supervisors meeting to allow time to revise the application. I VIRGINIA OFFICES: would request that the application be scheduled for the July 25, 2007 Board of Bridgehvoter Supervisors meeting. Chantilly Charlottesville Please do not hesitate to contact me should you have any questions or concerns. Fredericksburg Leesburg Sincerely, Nev:porl Netivs Patton Harris Rust & Associates Virginia Beach Winchester Woodbridge LABORATORIES: Patrick R. Sowers Chantilly Fredericksburg MARYIAND OFFICES: Baltimore Columbia Frederick Germontov: n Holly:road Hunt Valley Williamsport PENNSYLVANIA OFFICE: Allento:vn WEST VIRGINIA OFFICE: fvlorlinsburg T 5d0.667.2139 F 540.665.0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 0 0 Patton Fiorris Rust & Associates Engineers. Surveyors. Planners. landscape Archilecls. June 13, 2007 VIA E-MAIL Mr. Michael Ruddy Deputy Director of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Carriage Park Rezoning Application 1L I + \ Dear Mike: Iw�/iould like to request a postponement of the Carriage Park Rezoning Application (RZ rr 12-06) scheduled for a public hearing at the June 13, 2007 Frederick County CORPORATE: Chantilly Board of Supervisors meeting to allow time to revise the application. I would that the application be scheduled for the July 25, 2007 Board of Supervisors VIRGINIA OFFICES:request Bridgewater meeting. Chantilly Chorlotlesville Please do not hesitate to contact me should you have any questions or concerns. Fredericksburg Leesburg Sincerely, Newport News Patton Harris Rust & Associates Virginia Beach \A!inchester 10000, \Woodbridge LAEORATORIES: Patrick R. Sowers Chantilly Fredericksburg MARYLAND OFFICES: Ballimore Columbia Frederick Germantown Hollywood Hunt Volley Williamsport PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: IVMolllnsburg T 540.667.2139 F 540.665.0493 1 17 East Piccadilly Street Suite 200 Winchester, A 22601 Patton Harrieust & Associates • Engineers. Surveyors Planners Landscape Architects PH[Zn CORPORATE: Chantilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES' Baltimore Columbia Frederick Germantown Hollywood Hunt Volley Williamsport PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg T 540.667 2139 F 540 665,0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 MAY 2 3 210I May 23, 2007 HAND -DELIVERED Mr. Michael Ruddy Deputy Director of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Haggerty Proffer Modification Request Dear Mike: I would like to request a two week continuation of the public hearing scheduled for May 23, 2007 for the Haggerty proffer modification request. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Patton Harris Rust & Associates Patrick R. Sowers Patton Harlikust & Associates Engineers. Surveyors. Planners landscape Architects P RA CORPORATE: Chantilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES' Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Williamsport FENNSYIVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg T 540 667 2139 F 540 665 0493 1 17 Fast Piccadilly Street Suite 200 Winchester, VA 22601 0 Lj c10 M AY 2 3 2007 I May 23, 2007 HAND -DELIVERED Mr. Michael Ruddy Deputy Director of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Haggerty Proffer Modification Request Dear Mike: I would like to request a two week continuation of the public hearing scheduled for May23, 2007 for the Haggerty proffer modification request. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Patton Harris Rust & Associates Patrick R Sowers Patton Har,�Rust & Associates Engineers Surveyors Planners. Landscape Architects. CORPORATE: Chantilly VIRGINIA OFFICES' Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Williamsport PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg T 540 667.2 139 F 540 665,0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 March 23, 2007 Mr. Michael Ruddy Department of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Haggerty Proffer Modification Request Dear Mike: 41 Please find attached the following documents regarding the Haggerty Proffer Modification Request: • Revised Proffer Statement dated March 22, 2007 • Revised Generalized Development Plan (GDP) dated November 27, 2006 • Executed Power of Attorney • Completed Rezoning Application Forms • Application fee • Agency comments from all relevant review agencies with the exception of only the County Attorney, Historic Resources Advisory Board (HRAB), and Planning Department which were submitted for comment to the Department of Planning and Development on December 14, 2006 The revised proffer and GDP provide for the Applicant to construct a portion of future Route 37 as a portion of the "spine" road. This amendment to the original proffer approved as part of Rezoning # 14-05 provides for the construction of a portion of future Route 37 while facilitating the future connection between Route 7 and Senseny Road. The revised proffer also allows the Applicant the ability to construct the proposed "spine" road with a rural undivided (R2) cross section provided that some locations along the proposed roadway may use curb and gutter. This modification still provides for the construction of a connection from Route 7 to the southern property boundary but would also better accommodate any potential expansion of the roadway should future use necessitate any expansion. The revised GDP reflects the transportation plan depicted by the Master Development Plan as recently submitted to the Planning Department. As the outstanding issue with the Master Development Plan as identified by Planning Staff has been consistency with the GDP proffered as part of rezoning # 14-05, submission of this proffer modification request, if approved by the Board of Supervisors, would address any issues regarding consistency between the MDP and GDP. Our intent is to process the MDP application and proffer modification request concurrently. • 0 Please feel free to call with any questions or comments you may have. Sincerely, Patton Harris Rust & Associates Patrick R Sowers CC: Clay Athey Chuck Maddox Dave Holliday Ken Berg Wayne Dill AMENDMENT Action: PLANNING COMMISSION: January 19, 2005 - Recommended Approval BOARD OF SUPERVISORS: February 9, 2005 ID APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 14-04 FOR THE HAGGERTY PROPERTY WHEREAS, Rezoning #14-04 for the Haggerty Property, submitted by Patton Harris Rust & Associates, to rezone 111.56 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County, in the Red Bud Magisterial District, and is identified by Property Identification Numbers (PINS) 55A-212 and 55-A-212A. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 19, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 9, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 111.56 acres from RA (Rural Areas) District to RP (Residential Performance) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 405-05 F This ordinance shall be in effect on the date of adoption. Passed this 9th day of February, 2005 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye - Gina A. Forrester Nay Gary Dove Aye Lynda J. Tyler Aye Bill M. Ewing Aye Gene E. Fisher Aye A COPY ATTEST AW Jol . Riley, Jr. Frederick County Administrator PDRes 405-05 PROPOSED PROFFER STATEMENT REZONING: RZ. # 14-04 Rural Areas (RA) to Residential Performance (RP) PROPERTY: 111.56 acres +/-; Tax Map Parcels 55-A 212 & 212A (the "Property") RECORD OWNER The Canyon, LC APPLICANT- The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE (S): 1/12/05; 1/20/05; 2/9/05 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of 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, Haggerty Property" dated December 20, 2004 (the "GDP"), and shall include the following: LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 maybe requested. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per 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 Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 8 Rev. 2/09/05 Proffer Statement Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. 7. LIBRARIES: 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 61 wISO01=1197 �M� 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 8 Rev. 2/09/05 Proffer Statement Haggerty outside of residential lots; (iii) common solid waste disposal programs, if they decide to use a commercial collection company, (iv) responsibility for the perpetual maintenance of any 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. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER & SEWER 11.1 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" ). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick -Winchester Service Authority ("the FWSA") site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 1015C building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, Fast Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 8 Rev. 2/09/05 Proffer Statement Haggerty 13.2 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located within a sixty foot right of way aligned parallel to the planned right of way for VA Route 37, and shall be constructed as an urban undivided (U2) cross section with a center turn lane. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south project boundary prior to issuance of the 151" building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as maybe available through VDOT and/or Frederick County. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request bythe County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and/or the proposed "spine" collector road. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors (`Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the 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 contributions Page 5 of 8 Rev. 2/09/05 Proffer Statement Haggerty are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 8 Rev. 2/09/05 Proffer Statement Haggerty Respectfully submitted, The Canyon, LC Title: Manager ir STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this/0 _hday of Tr UO , 2005, by —DaU � d _ H '�) I i COA V My commission expirescxy ` Notary Public0000 Ano A Lf(*. Page 7 of 8 Rev. 2/09/05 00 r., 7 i Of AWEbb Frederick -Winchester Service Authority Post Office Box 43 Winchester, Virginia 22604 Office: 107 North Kent Street County Office Complex Winchester, Virginia 22601 1-540-722-3579 August 17, 2006 Mr. David B. Holliday The Canyon, LC 420 W. Jubal Early Drive, Suite 103 Winchester, VA 22601 Dear Mr. Holliday: SUBJECT: BOUNDARY ADJUSTMENT FOR THE HAGGERTY PROPERTY This is to verify that the deed and plot provided to this office have been reviewed and found acceptable. Signing of this document will remain pending until such time as a Master Development Plan has been approved by the County, to assure that the boundary adjustment and property exchange conform to that Master Development Plan and that it will be an acceptable document for the County to approve. In addition, it will remain pending until we have come to an agreement on the entrance road to the Opequon Water Reclamation Facility, which is very critical to our expansion and to our future needs. I hope you will find this acceptable. Si rely, Jesse e W. Moffett Executive -Director Frederick -Winchester Service Authority JWM:ncg CC: Michael T. Ruddy — Deputy Director, Planning & Development John B. Schroth — Chairman, Frederick -Winchester Service Authority Board 'AAMmlaININg amd PPomof mq EAe Vaeacs of iAe Commiumily Mrot4gA emVirom emlad SfawardsAlp' Consideration: None The Canyon, L.C. address: 420 W. Jubal Early Drive, Suite 103, Winchester, Va. 22601 Map Nos. 55-A-212; 55-4-1; 56-A-18; 56-A-19 to become Nos. 55-A-21213; 55-4-A-1A; 56-A-18A; 56-A-19A THIS DEED OF BOUNDARY ADJUSTMENT and EASEMENT, made and dated this day of , 2006, by THE CANYON, L.C., a Virginia limited liability company, Grantor and Grantee, party of the first part; and the FREDERICK-WINCHESTER SERVICE AUTHORITY, Grantor and Grantee, party of the second part. WIT NESSETH: WHEREAS, the party of the first part and the party of the second part are owners of adjoining tracts of land, bearing Frederick County, Virginia tax map numbers as stated above, located in Red Bud Magisterial District, Frederick County, Virginia, and they desire to adjust the boundary lines between their lands; and, WHEREAS, the parties have caused the land to be surveyed by Cory M. Haynes, L. S., a plat of which survey dated April 27, 2006, revised May 30, 2006, is attached hereto and made a part of this deed; and, WHEREAS, the party of the first part and the party of the second part agree that the true and correct boundary lines between their respective lands are as shown on said plat. NOW, THEREFORE, in consideration of the premises, the said party of the first part does hereby agree that said lines between the parcels as shown on said attached plat are the true and correct boundary lines between the lands of the parties, and does hereby grant and convey with general warranty and English covenants of title unto the said party of the second part, Grantee, in fee simple, all its right, title and interest in and to those certain parcels of land aggregating 5.5378 acres as shown on said plat. AND, in consideration of the premises, the said party of the second part does hereby agree that said lines between the parcels are the true and correct boundary lines between the lands of the parties, and does hereby grant and convey with special warranty unto the said party of the first part, Grantee, in fee simple, all its right, title and interest in and to those certain parcels of land aggregating 2.7689 acres as shown on said plat. Reference is hereby made to the aforesaid instruments and the references therein contained for more particular descriptions of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject properties, including those certain slope and drainage easements as set out in Note 6, Sheet 2 of said plats. WITNESS THE FOLLOWING SIGNATURES AND SEALS: DAVID , L.C. L) Member (SEAL) JOHN B. SCHROTH FREDERICK-WINCHESTER SERVICE AUTHORITY (SEAL) JESSE W. MOFFETT, Executive Director FREDERICK-WINCHESTER SERVICE AUTHORITY STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this (_0 day of J d o &�• , 2006, by David B. Holliday, Manager, The Canyon, L.C., on behalf of the company. U.11�1'14'1 _c�' '414-- NOTARY PI My commission expires: 1y ' '_N' 0 STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this day of , 2005, by John B. Schroth, , Frederick -Winchester Service Authority. NOTARY PUBLIC My commission expires: STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this day of , 2006, by Jesse W. Moffett, Executive Director, Frederick -Winchester Service Authority. NOTARY PUBLIC My commission expires: VICINITY MAP SCALE: 1" = 2,000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE OWNER'S CONSENT: (AS TO PIN 55—A-212) THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT ON AND THROUGH THE PROPERTY OF THE CANYON, L.C., AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERS D OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. (DATE) PRINTED NAME & TITLE NOTARY C STATE OF CITY/COUNTY OF 1"1 THE FOR GOING IN TR M T WAS ACKNOWLEDGED BEFORE ME ON 0AOe L)(" BY -�✓ �m MY COMMISSION EXPIRES (NOTAR PUBLIC) ( tx -- (DATE) J OWNER'S CONSENT: (AS TO PINS 55-4-1, 56—A-18 & 56—A-19) THE ABOVE AND FOREGOING RESERVATION OF EASEMENT AND BOUNDARY LINE ADJUSTMENT ON AND THROUGH THE PROPERTIES OF FREDERICK— WIN CHESTER SERVICE AUTHORITY, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. PRINTED NAME & TITLE NOTARY PUBLIC STATE OF CITY/COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON (NOTARY PUBLIC) MY COMMISSION EXPIRES (DATE) 5.LTH 0� r v CORY M. HAYNES a No. 2539 lq� SUI (DATE) BY (DATE) BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK-WINCHESTER SERVICE ADUTHORITY AN THE CANYON, L.C. RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: N/A DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 Patton Harris Rust & Associates, Pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665,0493 SHEET 1 OF 6 °s m (NEW) 55-4-1A FREDERICK— WIN CHESTER SERVICE AUTHORITY 55M-2-9-1490 OVERALL MAP SCALE: 1" = 1000' NOTES: 1. FREDERICK COUNTY PINS: 55—A-212, 55-4-1, 56—A-18 & 56—A-19; ZONED: RA & RP. 2. THE PURPOSE OF THIS PLAT IS TO ADJUST THE BOUNDARY LINES IN SUCH A WAY AS TO CONVEY 2.7689 ACRES TO THE CANYON, L.C. FOR PURPOSES OF FUTURE DEDICATION OF RIGHT—OF—WAY FOR HAGGERTY BLVD. AND 5.5378 ACRES TO FREDERICK—WINCHESTER SERVICE AUTHORITY IN EXCHANGE. 3. PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 4. BASIS OF MERIDIAN SHOWN HEREIN IS A FIELD RUN GPS SURVEY WHICH TIES THIS PROJECT TO NAD 83, VIRGINIA STATE PLANE (NORTH ZONE) DATUM. 5. PERMANENT MONUMENTATION WILL BE SET AT ALL PROPERTY CORNERS IN COMPLIANCE WITH COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY REGULATIONS. 6. ADJOINING PROPERTY INFORMATION SHOWN HEREIN IS DERIVED FROM INFORMATION OBTAINED"FROM THE FREDERICK COUNTY MAPPING SERVICE (INTERNET WEBSITE gis.co.frederick.va.us) JUNE, 2005. 7. VARIABLE WIDTH SLOPE & DRAINAGE EASEMENT IS HEREBY RESERVED FOR DEDICATION TO VDOT AT SUCH TIME AS RIGHT OF WAY FOR PUBLIC STREET PURPOSES °IS DEDICATED FOR HAGGERTY BLVD. ,,— (NEW) 56—A-18A EDERICK-WINCHESTER SERVICE AUTHORITY — (NEW) 56—A-19A FREDERICK- WINCHESTER SERVICE AUTHORITY TOTAL AREA OF (PROPOSED) ROW = 120.614 SF/2.7689 AC (SEE NOTE A) TOTAL AREA OF BLA = 241,228 SF/5.5378 AC (SEE NOTE B) NOTE A: AREA OF LAND MAKING UP THE RIGHT—OF—WAY WHICH IS CONTAINED WITHIN PIN 55-4-1, 56—A-18 AND 56—A-19, PROPERTY OF THE FREDERICK—WINCHESTER SERVICE AUTHORITY, TOTALING 2.7689 ACRES, IS TO BE CONVEYED TO THE CANYON, L.C. AND TO BE ADDED TO PIN 55—A-212 AND BECOME KNOWN AS PIN 55—A-212B. NOTE B: AREA OF LAND WHICH IS CONTAINED WITHIN PIN 55—A-212, PROPERTY OF THE CANYON, L.C. AN[ TOTALING 5.5378 ACRES, IS TO BE CONVEYED TO THE FREDERICK— WIN CHESTER SERVICE AUTHORITY AND ADDED TO PIN 56—A-19 AND BECOME KNOWN AS PIN 56—A-19A. FOR GIS PURPOSES: OLD) PIN 55-4-1 = 7.82 AC NEW) PIN 55-4-1A = 7.4814 AC OLD) PIN 55—A-212 = 106.60 AC NEW) PIN 55—A-212B = 103.8311 AC OLD) PIN 56—A-18 = 23.50 AC NEW) PIN 56—A-18A = 23.4999 AC OLD) PIN 56—A-19 = 56.52 AC NEW) PIN 56—A-19A = 59.6276 AC ALL OLD AREAS ARE BASED ON RECORD INFORMATION, NOT A FIELD RUN SURVEY. �LTH pF G � f oho v CORY M. HAYNES v No. 25 9 814c l4,V '� BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK- WINCHESTER SURVEYOR'S CERTIFICATE: SERVICE ND THORITY I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR THE CANYON, L.C. IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, RED BUD MAGISTERIAL DISTRICT TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE FREDERICK COUNTY, VIRGINIA PROPERTIES CONTAINED IN THIS DEDICATION AND SCALE: 1"=1000' DATE: APRIL 27, 2006 ADJUSTMENT ARE THE SAME PROPERTY CONVEYED TO REVISED: AUGUST 4, 2006 THE CANYON, LC. BY DEED RECORDED AS INSTRUMENT Patton Harris Rust & A s s o c i a t e s, p c #040014715 [55—A-212] & TO FREDERICK— WINCHESTER Engineers. Surveyors. Planners. Landscape Architects. SERVICE`AUTHORITY BY DEEDS RECORDED AS DEED BOOK 600, PAGE 691 [55-4-1 ] AND 117 East Piccadilly Street, Suite 200 DEED BOOK 564, PAGE 414 [56—A-18 & PH Winchester, Virginia 22601 56—A-19]; ALL AMONG THE LAND T 540.667.2139 RECORDS OF FREDERICK COUNTY, VIRGINIA. F 540.665.0493 SHEET 2 OF 6 CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD C1 2839.79' 7'21'22" 364.60' 182.55' S73'55'50"E 364.35' C2 2839.79' 7'04'39" 350.78' 175.61' S67'29'05"E 350.56' C3 593.00' 3'17'01" 33.98' 17.00' N04'44'18"E 33.98' C4 533.00' 36'56'59" 343.73' 178.08' S21'34'18"W 337.80' C5 407.79' 17'48'34" 126.76' 63.89' S48'57'04"W 126.25' C6 527.00' 6'30'07" 59.80' 29.93' S61'06'25"W 59.77' C7 599.00' 38'00'00" 397.27' 206.25' S45'21'28"W 390.03' C8 2814.79' 3'40'50" 180.82' 90.44' N68'23'51"W 180.79' C9 527.00' 38*00,00" 349.52' 181.46' N45'21'28"E 343.15' C10 599.00' 6'30'07" 67.97' 34.02' N61'06'25"E 67.94' C11 473.80' 17'48'34" 147.27' 74.23' N48'57'04"E 146.68' C12 593.00' 36'56'59" 382.42' 198.13' N21'34'18"E 375.83' C13 533.00' 17'38'41" 164.14' 82.73' N11'55'09"E 163.49' C14 641.75' 2'57'50" 33.20' 16.60' N31'26'15"E 33.19' C15 139.16' 13*30'15" 32.80' 16.48' N37'07'57"E 32.72' C16 1378.30' 2'41'58" 64.94' 32.48' S44'24'39"W 64.93' C17 863.84' 7'54'58" 119.35' 59.77' N49'19'01"E 119.26' C18 458.36' 6'29'29" 51.93' 25.99' S54'48'25"W 51.90' C19 213.80' 9*13'48" 34.44' 17.26' N58'14'21"E 34.40' C20 1137.68' 5'06'04" 101.29' 50.68' S58'29'13"W 101.26' C21 620.67' 11'49'49" 128.15' 64.31' S5237'48"W 127.93' C22 592.21' 3'22'42" 34.92' 17.46' N48'00'47"E 34.91' C23 131.63' 17'02'44" 39.16' 19.73' N55'14'23"E 39.02' C24 297.24' 12'57'58" 67.26' 33.78' S59'11'57"W 67.12' C25 401.70' 19'01'25" 133.37' 67.31' S39'42'45"W 132.76' C26 448.14' 18'31'06" 144.84' 73.06' S25'28'06"W 144.21' C27 2363.39' 2'03'33" 84.94' 42.48' S16'45'15"W 84.94' C28 727.52' 3'31'47" 44.82' 22.42' N15'24'52"E 44.81' C29 158.49' 9'30'44" 26.31' 13.19' S14*11'04"W 26.28' C30 1027.11' 14'06'42" 252.97' 127.13' S01'56'31"W 252.33' C31 351.50' 22'32'51" 138.33' 70.07' N07'38'18'E 137.43' C32 2630.00' 2'06'23" 96.69' 48.35' S1713'10"W 96.68' C33 319.50' 5'51'39" 32.68' 16.35' N15*15'45"E 32.67' C34 669.04' 9'16'59" 108.40' 54.32' N25'21'47"E 108.28' C35 1133.02' 2'49'45" 55.94' 27.98' N27'13'02"E 55.94' C36 780.09' 7'02'31" 95.88' 48.00' N34'39'50"E 95.82' C37 226.23' 8.47" 4" 34.70' 17.38' S36'40'44"W 34.66' C38 349.54' 33'00'07" 201.34' 103.55' N51'56'32"E 198.56' C39 1594.62' 4'06'01" 114.11' 57.08' N68'04'20"E 114.09' C40 705.21' 7'00'48" 86.32' 43.22' N74'55'23"E 86.27' C41 515.78' 7*11'05" 64.68' 32.38' S76'22'52"W 64.63' C42 37.90' 14'58'33" 9.91, 4.98' S68'59'30"W 9.88' C43 237.71 19'07'10" 79.32' 40.03' S52'26'16"W 78.96' C44 1765.08' 2'59'12" 92.01' 46.02' N44'48'36"E 92.00' C45 432.66' 17'57'53" 135.66' 68.39' S32'15'37"W 135.10' C46 531.55' 3-19'13" 30.80' 15.41' N25'31'48"E 30.80' C47 199.41' 17'32'10" 61.03' 30.76' S19'17'58"W 60.79' C48 168.37' 14'22'51" 42.26' 21.24' S02'20'46"W 42.15' C49 1775.04' 4'52'30" 151.03' 75.56' NO3'03'52"E 150.99' C50 236.25' 8'30'29" 35.08' 17.57' N08'43'20"E 35.05' C51 393.65' 9'34'41" 65.81' 32.98' S08032'07"W 65.73' C52 485.41' 4002'36" 34.25' 17.13' S03'01'48"W 34.25' C53 593.00' 33'23'25" 345.58' 177.85' N19'47'30"E 340.71' C54 593.00' 30'06'24" 311.60' 159.49' N21'26'01"E 308.03' C55 1 C56 3 4' C57 12.91' 42'08'00" 9.49' 4.97' S46'33'20"E C58 1940.51' 0'52'05" 29.40' 14.70' S67'46'58"E 29.40' C59 160.43' 11'24'41" 31.95' 16.03' S74'56'38"E 31.90' C60 828.62' 4'44'51" 68.66' 34.35' S81'32'43"E 68.64' C61 446.55' 3'35'29" 27.99' 14.00' S84'45'58"E 27.99, C62 241.05' 20'52'41" 87.84' 44.41' N77'51'16"W 87.35' C63 64.61' 12'57'49" 14.62' 7.34' N57'43'46"W 14.59' NOTE: CURVES C54, C55 & C56 WERE OMITTED INTENTIONALLY. AS,T H 0,10 � r v CORY M. HAYNES a No. 539 S 06 - NOTE: SEE LINE TABLE L9�� ON SHEET 5. BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK- WINCH ESTER SERVICE ADUTHORITY AN THE CANYON, L.C. RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: N/A DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 PR+A Winchester, Virginia 22601 HT 540.667,2139 F 540.665.04930493 SHEET 3 OF f GRAPHIC SCALE 00 0 50 ( IN FEET ) I inch = 100 ft. H} MATCH LINE — SEE SHEET 5 to _0" I�j;n PORTION OF (OLD) U= ��aa �PROPERTY LINE HEREBY VACATED Qo N34'23'40"W �aLoYwO 1n�S 85.67' (J 00EASEMENT RESERVATION woo 3 w �I (SEE NOTE 6) Of UJI LLJ � UJ N ..r 0 \LL- EASEMENT RESERVATION U (SEE NOTE 6) 1 \ Ury U U J (NEW) 56-A-19A 59.6276 AC (OLD) 56- A-19 FREDERICK—WINCHESTER SERVICE AUTHORITY DB 564, PG 414 to e9 U " PORTION OF (OLD) I L Q000 e• PROPERTY LINE �Z� �o� v0, HFRFFIY VACATED kr) o z ��. wZiOoQ�GP z /,.1\ �JP (NEW) PROPERTY LINES HEREBY CREATED *�56. 8S291 0 A) (NEW) PROPERTY LINES HEREBY CREATED w z O N M aD 0 \ O O Z Z \ Q Z A s (NEW) 55-A-212B 103.8311 AC 9•. (OLD) 55-A-212 THE CANYON, LC INST #040014715 0. NA-T H let 0 0 U CORY M. HAYNES, 9 NOTE: SEE CURVE TABLE No. 2539 ON SHEET 3 AND LINE 8I41� TABLE ON SHEET 5. 100 * _ (NEW) PROPERTY LINES HEREBY CREATED 5�255 23 W g 6 156 NREEK 411 g9 OPEOLID 6/ kph BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK- WIN CHESTER SERVICE ADUTHORITY AN THE CANYON, L.C. RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"=100' DATE: APRIL 27, 2006 REVISED: AUGUST 4 2006 Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. to w I-- z to D awao w Z M Y O cv o- )2U w Y T 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.6672139 F 540.665.0493 ..... , . , LINE TABLE BEARING LENGTH N36'29'13"E 43.67' N36'29'13"E 96.51' EIN NO3'05'48"E 321.83' S03'05'48"W 321.83' S08'48'39"W 58.13' S02'09'23"E 58.67' L7 S12'48'19"W 41.03' L8 N40'02'47"E 38.29' L9 S57'51'21"W 38.29' L10 S64'21'28"W 202.78' L11 N64'21'28"E 202.78' L12 S87'12'44"W 64.59' L13 S75'52'35"W 48.43' L14 I S26'21'28"W 76.93' L15 N26'21'28"EI L16 N34'37'30"W L17 S51'37'27"E L18 S66'08'43"E L19 N70'14'16"W L20 N66'48'15"W L21 N61'39'50"W L22 S23'49'52"E (OLD) 56-A-19 FREDERICK-WINCH ESTER SERVICE AUTHORITY DB 564, PG 414 G21 (NEW) 56-A-19A 59.6276 AC EASEMENT — RESERVATION (SEE NOTE 6) 2`L �G 4 GZ * i EASEMENT RESERVATION (SEE NOTE 6) (NEW) 56-A-19A 59.6276 AC 6o, /,Uql �� FREDER CK -WINCHESTER A � o � �� SERVICE AUTHORITY of '' 4k �� DB 564, PG 414 N O U Mq rcN C�Nf , * Nl Sff SNffT 4 ,00 GRAPHIC SCALE 1DO ( IN FEET ) 1 inch = 100 ft. P��� LT H pF 0� 1 U CORY M. HAYNES 9 No. 2539 * = (NEW) PROPERTY LINES HEREBY CREATED t BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK—WINCHESTER SERVICE AUTHORITY AND THE CANYON, L.C. RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"= 100' DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 Patton Harris Rust & Associates, Pc Engineers, Surveyors. Planners. Landscape Architects. NOTE: SEE CURVE A TABLE ON SHEET 3. PH 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 5 OF 6 °s S m N 0 i (NEW) 56-A-19A 59.6276 AC \C 9 (OLD) 56-A-19 FREDERICK-WINCHESTER SERVICE AUTHORITY DB 564, PG 414 _S21'28'45"W 783.00' � Z 83 tioNE I= 0 NPNOR�� 0 �Oz r =mtL (OLD) 56-A-'19 /* FREDERICK- WIN CHESTER SERVICE AUTHORITY �tir1 w _ DB 564, PG 414 `O ILO .-. co to C57 10 � Y 0) 01 N�a-= (NEW) 56—A-19A v * I J o 3 59.6276 AC o -j U Uj } m to 0 F- W U'I m < EASEMENT 9 RESERVATION � C78 vl (SEE NOTE 6) II * U I J N C63 7S 06 J\ C14� 3 � \'83>7 �P .7 -Cg C15 w C'> C3 s EASEMENT --_C35 ,� C34 RESERVATION — (SEE NOTE 6) (NEW) 56-A-18A 23.4999 AC ssLLJ oi-> �O W \\�9 oam Inrn�_� aa= to Q� F- 56-A-19A Zn Nm N w _14_5.64' S20*06'45"W Lob, 56-A-18A ^l DETAIL SCALE: 1 "=10' 0o GRAPHIC SCALE ( IN FEET ) 1 inch = 100 ft. S63'11'15E S20'06'45" 22.60' 145.64' (OLD) 56-A-18 FREDERICK-WINCHESTER SERVICE AUTHORITY DB 564, PG 414 PI,T H 1 v CORY M. HAYNES 9 No. 2539 L4 * = (NEW) PROPERTY LINES P a t t o n HEREBY CREATED Engineers. Irr�j t♦O N BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK-WINCHESTER SERVICE AUTHORITY AND THE CANYON, L.C. RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"=100' DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 Harris Rust & Assoc!ates,pc Surveyors. Planners. Landscape Architects. NOTE: SEE CURVE TABLE ON SHEET 3P14- AND LINE TABLE ON SHEET 5. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665,0493 SHEET 6 OF , Mike Ruddy From: Patrick R. Sowers [Patrick.Sowers@phra.com] Sent: Tuesday, July 03, 2007 1:56 PM To: 'Eric Lawrence' Cc: 'Mike Ruddy'; 'John Bishop'; 'Ronald A. Mislowsky' Subject: RE: Haggarty Rez/MDP Understood. Thanks Eric. -Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com -----Original Message ----- From: Eric Lawrence [mailto:elawrenc@co.frederick.va.us] Sent: Tuesday, July 03, 2007 3:51 PM To: 'Patrick R. Sowers' Cc: 'Mike Ruddy'; 'John Bishop'; 'Ronald A. Mislowsky' Subject: RE: Haggarty Rez/MDP Hi Patrick... On item #2: We presently have staffing shortages so we're stretched very, very thin... Unless we're in receipt of the MDP today, we'll not have adequate staff available to complete the review in time for the pre -scheduled PC agenda mailing for Aug lst PC... Therefore, based on your plan to get the MDP to us by July 9th, we will take the MDP to the Aug 15th PC meeting. If all goes well on the 15th, we'll take it to the Board the following week - Aug 22. Therefore no time will be lost - Whether the MDP gets to an Aug 1 or 15th meeting, the earliest Board meeting is Aug 22.... Obviously, this continues to be contingent upon the Board's favorable review and action on your proffer amendment... Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc@co.frederick.va.us http://www.co.frederick.va.us/PlanningAndDevelopment/PlanningAndDev.htm www.co.frederick.va.us -----Original Message ----- From: Patrick R. Sowers[mailto:Patrick.Sowers@phra.com] Sent: Tuesday, July 03, 2007 12:50 PM To: 'Eric Lawrence' 1 w1 Cc: 'Mike Ruddy'; 'John Bishop'; 'Ronald A. Mislowsky' Subject: RE: Haggarty Rez/MDP Thanks Eric, A few points: 1) The 80 foot R/W Dedication for the spine road will only be from the East-West Collector to the Northern Property boundary. South of the East-West collector, the spine road will be 60 feet. This is what we discussed yesterday as expanding the R/W 20 feet for the spine road south of the East West Collector Connection will push the planned lots into steeper slopes. 2) With regards to timing - I will deliver a revised, notarized proffer to you today which provides the commitments we discussed yesterday. For the MDP, I will not be able to submit a completed MDP with the new revisions today. The cut-off for the 8/1 PC meeting is 7/9 is there any reason why we would not be able to make that meeting if we make the cut-off deadline? 3) I recognize that Planning staff wants to see the East-West Collector as the through movement for the project. My client is committed to constructing a T-intersection as was approved with the initial rezoning, which was also used as justification for the Eastern Road Plan. 4) I called Chip Patterson earlier today and left a message, I will get the letter from Toll Brothers as soon as possible. Thanks again for meeting with us yesterday. -Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com -----Original Message ----- From: Eric Lawrence[mailto:elawrenc@co.frederick.va.us] Sent: Tuesday, July 03, 2007 11:53 AM To: Patrick R. Sowers Cc: 'Mike Ruddy'; John Bishop Subject: Haggarty Rez/MDP Hi Patrick - Based on yesterday's meeting, I would expect that today you will be forwarding to the Planning Department the latest proffer amendment and MDP for the Haggarty property. Submission of these documents today is necessary so that each may be accommodated on their respective agendas. In looking at the PC and Board meeting dates over the next few months, I would propose the following dates for your Haggarty reviews (presuming each is submitted today): July 25th Board reviews proffer amendment; if Board approves proffer amendment, then the PC could review the MDP on August 15th, and the Board on August 27th. Obviously, this tentative schedule would be modified if the PC or Board elect not for forward a plan through the approval process. Keys areas that will be addressed in staff reports (Proffer Revision and MDP reports) based on our discussion [note that once we receive the proffer and MDP additional issues may be identified]: * Proffer Amendment would establish an 80' wide east -west major collector ROW, with developer constructing a 2-lane road section. 2 k. Proffer Amendment would eliminate parallel north -south collector road. In its place, a 2-lane road section would be constructed within the Rt 37 ROW. * Proffer Amendment would provide an 80' wide ROW for the north -south major collector road within limits of the development, and outside of the previously proffered Rt 37 ROW * MDP would illustrate the locations of proffered roads; MDP would identify interparcel connections to accommodate the approved Twin Lakes project- you will provide letter of support from the Twin Lakes developer - Toll Brothers. * Intersection design of the major collector roads will need to be resolved prior to road design plan approvals. This issue will be discussed in the proffer amendment and MDP reports Please advise if I missed any key discussion items from yesterday. -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc@co.frederick.va.us http://www.co.frederick.va.us/PlanningAndDevelopment/PlanningAndDev.htm www.co.frederick.va.us 3 a�I REGIONAL. N`�eU Anna zom TRANSPORTA11ON PLAN s I'loo. 1 OF ICOURv Of MEDERAYt, viRtm.� Page 1 of 2 Mike Ruddy From: John Bishop [Jbishop@co.frederick.va.us] Sent: Monday, June 11, 2007 10:36 AM To: 'Copp, Jerry'; 'Alexander, Scott' Cc: 'John Bishop'; 'Eric Lawrence'; 'Mike Ruddy' Subject: County Transportation Position on Carriage Park and Haggerty rezonings Jerry and Scott, I know you guys are working as hard as we are at refining things as we move toward Wednesday night's Board of Supervisors meeting so I thought it would be good for us all if I took a time out and gave a breakdown on where we are from a county staff perspective on transportation to this point. Though these rezonings have become so intertwined I will do my best to address them separately. We welcome your input and opinions on these issues as we work toward the meeting night. Carriage Park As you are well aware we have had significant concern about the potential connection through Carriage Park replacing the planned connection across adams as some of the applicant representatives have argued. We continue to believe that the Adams connection is the more important of the two. That said, that potential future connection across Carriage Park and Stafford to Route 7 does have value. However, we do not feel that it is appropriate to tap into route 7 until such time as the full connection between valley mill and 7 could be completed. So, from our perspective and knowing how unwilling the Stafford's are to sell right of way for this, the best case scenario would be that the carriage park development go back to their proposal that taps into valley mill to the east. Additionally, they should set up future interparcel to the south for that potential connection to valley mill, and reserve (as they have previously proposed and depicted) area between their access road and Route 7 to allow for a future connection at that point. This gives us the flexibility we need as regards ramp location and location of the future signal and recognizes that Route 7 should not be getting signalized for driveways to individual developments but should only be accessed by collector or greater roadways. Finally, the roads they do construct should be to an urban and not a rural section as proposed. Haggerty They moved the 'spine road' within the Route 37 corridor as we asked them to do. We cant' criticize them for that. The focus of our concern is on the relocation of the east west connector\valley mill relocated to the south and how that roadway is being classified. 1. It pulls the roadway away from Eddy's Lane and is setting up a spite strip situation 2. It brings the location of that roadway to a point that , from our perspective, makes a through movement to existing valley mill without stops more difficult which of course reduces capacity for this planned major collector 3. It brings the location of that roadway to a point that puts the needed structure in a much less ideal location. Staff has spent time in the area with the County Engineer who agrees on this issue. The applicant has prepared a graphic displaying what they think the impacts of our proposed location are. However, in that graphic, they have not shown the structure at our proposed location and a much more ideal location exists, as can also be verified by the county engineer. 4. As regards where the roadway goes under route 37, it crosses under route 37 at a point less ideal than before which has the potential of altering the vertical alignment of the roadway at increased cost to whomever eventually constructs Route 37 5. The east west connector roadway and the spine road outside of the 37 corridor should not be built as a rural section, but as an urban section. 6/11/2007 Page 2 of 2 6. They continue to treat the east west connection as something less than a major collector road and have lots with driveways on it. We see this road as being a significant future artery and such treatment will only create future safety and capacity problems, not to mention dissatisfaction of future residents. 7. Finally, putting the East West Connector in the northern location originally agreed to would allow even more of the spine road to be built to 37 standards within the 37 ROW Thanks John Jolul A. Bishop, AICP Transportation Planner Frederick County Planning & Development 107 North Kent St, Suite 202 Winchester, VA 22601 Ph: 540-665-5651 F: 540-665-6395 jbishop@co.fiederick.va.us 6/11/2007 A-) lam^ d r r r /Lo'GJ GI�JC C L L1,-.t r-rv14 i Y A C l 14 b, VM L, rf L5l w/tt7 0 4 �c� ak V�eoyv, TOI-14 �bt "WI �CFP\-/K A/L CO-W(t,,fwc.d paws. 12 - Z � P 'S IP�.�. cc: Robert C. Shickle, Barbara E. Van Osten, Gary W. Dove, Bill M. Ewing, Gene E. Fisher, Charles S. DeHaven, Jr., Philip A. Lemieux,John R. Riley, Jr., June Wilmot, Roger Thomas, H. Paige Manuel, Cordell Watt, Greg L. Unger, Robert A. Morris, John Light, Gary Oates, George Kriz, Charles Triplett, Rick Ours, Gregory Kerr, Christopher Mohn, Clay Athey, Michael Hobert, Department of Planning and Development Potion Harris Rust & Associates =r� r�cars. Sur��c'.•nr.,'larn.:+l;. ,ord;r_ppr Arr.F.,r,-rt; chart v Y1a31191.+. OF�_ES LA6GF d?�;!eS. t:r;�eri�lac�ur MARYt AND OFFICES: F I,Iro-e ndat ,olle•, 1'dll� oI-lapca F=`JrlSYJ`:?F.i OFF CE' N/:St irffaRa L4 C)rFir_: rv:. •;ir�sbu �a F J4a. 66 5.i=.n9 JJ i � � Eta F' c�J�J!II; `•1-„ Su k2,'110 vir.aiesl-r, VA �;gOt March 21, 2007 HANaDELIVERED Mr. Michael Ruddy Deputy Director of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Carriage Park Rezoning Application Dear Mike: We have recently completed several modifications to the Carriage Park Rezoning application which is scheduled for a public hearing at tonight's Planning Commission meeting. As your staff report was based upon the application as submitted on February 23, I would like to request that the application be tabled for 30 days to provide us the time to finalize the proffer statement and to provide planning staff the opportunity to review the revised application package. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Patton Harris Rust & Associates Patrick R. Sowers CC• Clay Athey C11uck Maddox P:\Projec!\Plairsrin_g\R:�ZoniuSrlbplicalio,,AFmderick Cowro\Carriage Park\Posoone Leifer032107.doc CONNECTION TO BLUE RIDGE MHP (PROFFER 12.4) You OF NATURAL #GETA TION SINGLE FAMILY ATTACHED HOUSING-------" 30.5230 Acres EX. ZONING: RA • 0 PROPOSED ZONING: RP 14.9796 Acres EX. ZONING: Wil PROPO'SLD ZONING: BLUE RIDGE Wip LANDSCAPED', SCREEN I RP **\-(I)RELOCATED VALLEY MILL RD CONNECTION TO EXISTING -:.---:--.VALL�Y MILL ROAD10�— ASRAM� oz PORTION OF EXISTING VALLEY MILL ROAD TO BE ABANDONED BUFFER PROJECT /--ENTRANCE CLOSE EXIS�A CROSSOVER OPEN SPACE AREA RESERVED FOR POTENTIAL FUJURL ROAD ADGNMENT� i� CARRIAGE PARK T.TF GENERALIZED DEVELOPMENT PLAN CMFCEEO SAL FREDERICK COUNTY, VIRUNIA a Mike Ruddy From: Patrick R. Sowers [Patrick. Sowers@phra.com] Sent: Wednesday, May 30, 2007 10:25 AM To: 'Mike Ruddy' Subject: RE: Haggerty & Carriage Park Thanks Mike, The changes to the Haggerty MDP were a result of both conversations I had with you and Bernie (i.e. the Road Efficiency Buffer along Haggerty Blvd, Community Center, Community Center trigger, etc) as well as a meeting I had with Toll regarding the interparcel connector and trail locations. I've set up a meeting with Jim Doran for tomorrow morning at 9:00 AM to discuss the trail location and why Toll felt they could accommodate a trail connection if it were moved to the Western Property line adjacent to the proposed inter -parcel connection as I've shown it on the plan submitted on Friday. I'll provide you with a letter detailing the changes made to the plan since the Planning Commission meeting for the agenda packet. Also, I'll provide 45 copies of the revised MDP for the Mail -out. -Patrick Patrick R. Sowers \ Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 I F 540.665.0493 ` V www.phra.com -----Original Message ----- From: Mike Ruddy[mailto:mruddy@co.frederick.va.us] Sent: Wednesday, May 30, 2007 12:03 PM To: Patrick Sowers Subject: Haggerty & Carriage Park Hi Patrick: Anything new on the above projects? My staff stuff for the 6/13 BOS agenda will be done on Friday, so if there is anything new let me know as soon as you can. Also, Bernie passed on to me the MDP for Haggerty which will go to the 6/20 PC meeting. My staff stuff will also be done by Friday for this agenda. It appears as though there area still outstanding issues on the MDP and of course this MDP will also be dependant on the Boards action on the 6/13. However, if you have any narrative or summary of the changes made to the MDP please pass it on and I will include it in the agenda. We will need extra copies of the MDP if you want the new one going to the PC. Thanks. Mike. 1 Patton Harris Rust & Associates Engineers. Surveyors Planners landscape Architects. MAY 1 4 2007 May 14, 2007 HAND -DELIVERED Mr. Michael Ruddy Department of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Carriage Park Rezoning Application - Revised Proffer Statement PT TRA Dear Mike: n Please find attached a revised Proffer Statement and Generalized Development Plan CORPORATE: (GDP) both dated May 14, 2007 for the Carriage Park rezoning application. We Chantilly have yet to reach a mutual agreement for off site right-of-way between my client and VIRGINIA OFFICES: the adjoining property owner to the South. The revised Proffer Statement, however, Bridgewater still maintains a commitment to work with the adjacent Property owner to acquire Chantilly this right of way and subsequently construct realigned Valley NO Road from Route 7 Charlottesville to existing Valley Mill Road prior to issuance of the 151" building permit. Should a Fredericksburg mutual agreement between my client and the adjacent property owner not be Leesburg possible, a cash contribution of $3,000.00 per unit has been proffered to give Newport News Frederick County the ability to acquire the off site right of way and construct the Virginia Beach connection from existing Valley Mill Road to Carnage Park. Winchester Woodbridge Please do not hesitate to contact me should you have any questions. LABORATORIES: Chantilly Fredericksburg Sincerely, MARY`AND OFFICES: Patton Harris Rust & Associ tes Baltimore Columbia Frederick Germantown Patrick R. Sowers Hollywood Hunt Valley CG Frederick County Planning Conunission Williamsport Barbara Van Osten, BOS Liason Denver Quinnelly, Carriage Place LLC PENNSYrVANIA OFFICE: Clay Athey Allentown Chuck Maddox WEST VIRGINIA Lloyd Ingram, VDOT OFFICE: Martinsburg T 540 667.21 39 F 540 665 0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 Carriage Park, Proffer Statement PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) PROPERTY: 45.44 Acres +/-; Tax Map Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, 55-A-174D (die "Property") RECORD OWNER: Carriage Place, LLC APPLICANT: Carriage Place, LLC PROJECT NAME: Carriage Park ORIGINAL DATE OF PROFFERS: January 25, 2006 REVISION DATE(S): 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1/25/07; 3/20/07; 3/22/07; 5/9/07; 5/11/07 ; 5/14/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that tie above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), dlese proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of die Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which tie Frederick County Board of Supervisors (die "County") decision granting die rezoning may be contested in die appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the County wlhich 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 die 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 uz these proffers, tie "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Carriage Park" dated January 5, 2006, as revised on May 14, 2007 (the "GDP"). Page I of 7 Carriage Par; 1. LAND USE: Statement 1.1 Residential development on the Property shall be limited to single family attached dwelling units. 1.2 The first 150 lots made available for building permits shall be generally as shown on the GDP. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed vn substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning ("DFR"). The Applicant shall not make application for more than 75 building permits in any 12 month period. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of 52� $583.00 per dwelling unit for fire and rescue purposes, payable upon d1e issuance of a building permit for each single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $12,192.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. ►(fI f,5,l C.7 5. PARKS & RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of r $1,712.00 per dwelling unit for parks and recreation purposes, payable upon �-3� the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $285.00 per dwelling unit for library purposes, payable upon the issuance of a t Zc, - building permit for each single family attached unit. 7. PUBLIC SAFETY: Page 2 of 7 Cal7za,ge Par(. Proffer Stalemea! 7.1 The Applicant shall contribute to the County of Frederick the sum of $513.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. -t- Su 3 S. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sum of -- $245.00 per dwelling unit for general government purposes, payable upon issuance of a building permit for each single family attached unit. 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repairof all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, including the use of a private refuse collection service to collect dne solid waste generated by the residents, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located widnin easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 9.3 The Applicants hereby proffer to establish a start-up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sure payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start-up funds for the CPHOA shall be made available for the purpose of maintenance of all improvements within die common open space areas, liability insurance, street light assessments, and property management and/or legal fees. Page 3 of 7 Canna,ge Park. Proffer Statement 10. WATER & SEWER: 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority and the Frederick -Winchester Service Authority. 11. ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust & Associates, dated September 8, 2006 (the "TIA") including addendum dated February 23, 2007. 12.2 The Applicant shall construct a two lane rural undivided (R2) collector \ roadway with additional turn lanes where appropriate on a minimurr, 06.,toot 1-1 �' �� I right of way from the Project entrance on Route 7, including any necessary ` �0 turn lanes on Route 7, to the Southern Property boundary as shown on the '0 /' GDP prior to issuance of the 125`h building permit. 'urdiermore, die J Applicant shall design an improved section of Valley Mill Road from the j terminus of the proposed collector road at the Southern Property line to the existing intersection of Channing Drive and existing Valley Mill Road("See 1 on GDP) ( 'tea IL a 1 12.3 The Applicant shall close the existing crossover on Route 7 at Valley Mill Road within 180 days of receiving written notice from Frederick County and/or VDOT. (See 2 on GDP) C-_,k G `�e ct/t�eJ r {—wcL e� LGt7iyJ . 12.4 The Applicant shall construct a public street connection from the proposed relocated Valley Mill Road to the boundary of the Blue Ridge Mobile �Iorne I / Park in the general location depicted on the GDP. (See 3 on CDP) w. ewvo�Phz. 12.5 The Applicant shall reserve all portions of the Property located East of the proposed relocated Valley Mill Road as depicted on the GDP for any future transportation improvement deemed necessary by VDOT. Said reserve area shall be recorded on the Deed of Dedication to ensure fiat diis area shall be available at no cost to Frederick County and/or VDOT should future transportation improvements necessitate die use of this portion of fle Property. The identified reserve area may be included as part of the required open space for the Property. (See 4 on GDP) Page 4 of 7 co- Carnage Park Proffer Statement ycopd °� w� Cal o 12.6 The Applicant shall ggUILy_pursue agree nZht with off site property owners after rezoning. The Applicant shall file for MDP approval within 3 months of rezoning approval by the Boar&= nd,�shall file for Final Construction �— Drawing approval for th��llectord)from Rte 7 to Valley Mill Road ,within 6 months of final rezong by the Board. In the event that dle right of � 0 �ay is made available for the offsite road extension prior to the application r for the first building permit in die development, the Applicant shall, prior to/'L t S die building permit, Bond with the County for the completion of construction of that road segment, based on costs estimated from the final drawings. Construction of die road from Route 7 to Valley Mill Road shall be complete prior to issuance of the 151st building permit. 12.7 In the event Right of Way for the offsite road segment is not available at the time of the First building permit, the Applicant shall place the amount of $3,000.00 per dwelling unit, payable upon issuance of each building permit, in an escrow account for rig it of way acquisition and the construction of the - extension of the proposed c9llector--roa ---r-or�the_ptooposed terminus at-di� q�l Southern-Property_boundary-to existing Vallev Mill Road as depictecLon-the— GDP. In the event that die right of way is made available for said road extension prior to issuance of the 150`'' building permit, die Applicant shall construct the proposed collector road from Route 7 to connect with existing Valley Mill Road prior to issuance of the 151" building permit and contributions to the escrow account shall cease and all payments made to the escrow account shall be reimbursed to the Applicant. 1 12.8 In die event that,off site right of way is not made available prior to issuance of d1e 151st building permit, the contributions to the escrow account shall go to the County's general transportation fund and all future per unit S� A transportation contributions shall be made to die County's transportation ��G A fund and the Applicant shall not be responsible for construction of the r0o✓�� (��tQ�l offsite collector roadway Soud1 of d1e Property Boundary. HISTORIC RESOURCE PROTECTION �/ UL sI V' 13.1 A minimum 100 foot buffer of natural vegetation shall be preserved between 0� VA Route 7 and any future residential lots located on the Property. Encroachment of construction activities in this area shall not be allowed v except to construct necessary utilities and the proposed collector road. (See 5 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort. 14. BUFFER 14.1 The Applicant shall install a double row of evergreen trees spaced no more than 10 feet apart that are a minimum 4 feet in height at time of planting in the location depicted on the GDP within 90 days of the offsite road right of /way being provided by the property owner.. (See 6 on GDP) � J k�0 0 ✓ge S of 7 Carizage Park. Proffer Statement 15. SEVERABILITY 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the retraining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time tie contributions are paid, they shall be adjusted by the percentage change in die CPI-U from that date 24 months after the approval of this rezoning to tie most recently available CPI-U to the date the contributions are paid, subject to a cap of 6%per year, non -compounded. 18. ROAD ABAND 18.1 At such time drat Valley Mill Road is relocated through the Property to provide a connection with Route 7, the County may apply for abandonment of the portion of existing Valley Mill Road between the eastern edge of the existing one lane bridge at Abrams Creek and the relocated portion of Valley Mill Road. Abandonment of this right of way will provide for a safer traffic movement while eliminating the need to expand the existing one lane bridge rQ�(� at Abrams Creek. r SIGNATURES APPEAR ON THE FOLLOWING PAGES G� Page 6 of 7 Canna,ge Park Proffer Slalemew STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: of My commission expires Notary Public The foregoing instrument was acknowledged before me this day , 2007, by QD nV0 ( L WA L n 0-e OUi ,%%%jIIIIIII/!l ��•��\ST I N,q �oMONw�• ' 'U OF =: i ''r1111111011� Page 7 of 7 .i 1 q � r"f Mr. Mike Ruddy County of Frederick Department of Planning and Development 107 north Kent Street, Suite 202 Winchester, VA 22601 May 10, 2007 Dear Mike, We would like to take this opportunity to inform you that despite weeks of discussions with counsel for the developer, with you, board members, staff, and VDOT representatives, we will be unable to support the rezoning of the Carriage Park project. We would like to explain our decision. Earlier it was made clear to us, that there would be a risk on our part, because no guarantee could be made on the abandonment of Valley Mill Road through our farm. We assessed the risk , and understood petitioning the county and state for the abandonment of the road could only occur after construction of the new road. We ultimately accepted this, believing this would complement the goals of the developer, the county and us. As we have proceeded with negotiations, however, it became clear to us that the developer was either unable or unwilling to guarantee prompt commencement of the project or produce a performance bond for the road work early on in the process. What we mean by guarantee is that the developer would commit to beginning construction of the road at a time promptly after the MDP was approved by the county. His position was that he could not control the time it would take the county for that approval. What he failed to mention is that the county cannot approve a plan that they do not have. He would ultimately control this timing by submitting the plan when he saw fit. In view of this possibility, we believe that everything should be tied to the date of final rezoning. Recognizing the developer's unwillingness to do this and bond the work, and considering the current climate in the residential construction market, we see ourselves taking a huge risk that this could or would not happen anytime soon. With this in mind, we felt it unwise to offer the right of way through a prime piece of our farm. We think it important that you and others understand we have never even reached the point where a monetary value was discussed with the developer for the transfer of an easement, since our primary concern was not adequately addressed. Therefore, recognizing the developer's right to rezone the property, we would ask that staff, the planning commision and the board of supervisors impose the maximum allowed setbacks and buffers between our property and Carriage Park with minimum density for the development. While it is our intent to be good neighbors, we would like to suffer the least impact possible. We would further like to thank you and the many county officials and board members who met with us and helped with our decision. Thank you. Sincerely, Tim and Tootser Stafford Patton Harris Rust & Associates Engineers Surveyors. Planners Landscape Architects. M AY 1 4 2007 May 14, 2007 HAND -DELIVERED Mr. Michael Ruddy Department of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Carriage Park Rezoning Application - Revised Proffer Statement PT TRA Dear Mike: j� Please find attached a revised Proffer Statement and Generalized Development Plan CORPORATE: (GDP) both dated May 14, 2007 for the Carriage Park rezoning application. We Chantilly have yet to reach a mutual agreement for off site right-of-way between my client and VIRGINIA OFFICES: the adjoining property owner to the South. The revised Proffer Statement, however, Bridgewater still maintains a commitment to work with the adjacent Property owner to acquire Chantilly this right of way and subsequently construct realigned Valley Mill Road from Route 7 Charlottesville to existing Valley Mill Road prior to issuance of the 151" building permit. Should a Fredericksburg mutual agreement between my client and the adjacent property owner not be Leesburg possible, a cash contribution of $3,000.00 per unit has been proffered to give Newport News Frederick County the ability to acquire the off site right of way and construct the Virginia Beach connection from existing Valley Mill Road to Carriage Park. Winchester Woodbridge . Please do not hesitate to contact me should you have any questions. LABORATORIES: Chantilly Fredericksburg Sincerely, MARYLAND OFFICES: t & Associ tes Baltimore ColumbiaFrederick 7m: Germantown Patrick R. Sowers Hollywood Hunt Valley CC. Frederick County Planning Commission Williamsport Barbara Van Osten, BOS Liason Denver Quinnelly, Carriage Place LLC PENNSYIVANIA OFFICE: ay l�llRey �r-yUuck flMaddox Allentown WEST VIRGINIA Lloyd Ingram, VDOT OFFICE: Martinsburg T 540 667 2139 F 540 665 0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 Carriage Park Proffer Statement PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) PROPERTY: 45.44 Acres +/-; Tax Map Parcels 55-A-161, 55-A-165A, 55-A-166, 55-A-167, 55-A-167A, 55-A-168, 55-A-174A, 55-A-174B, 55-A-174D (the "Property") RECORD OWNER: Carriage Place, LLC APPLICANT: Carriage Place, LLC PROJECT NAME: Carriage Park ORIGINAL DATE OF PROFFERS: January 25, 2006 REVISION DATE(S): 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1/25/07; 3/20/07; 3/22/07; 5/9/07; 5/11/07 ; 5/14/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "County") decision granting the rezoning may be contested in the appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the County which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Carriage Park" dated January 5, 2006, as revised on May 14, 2007 (the "GDP"). Page 1 of 7 Carriage Park Proffer Statement 1. LAND USE: 1.1 Residential development on the Property shall be limited to single family attached dwelling units. 1.2 The first 150 lots made available for building permits shall be generally as shown on the GDP. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning ("DFR"). The Applicant shall not make application for more than 75 building permits in any 12 month period. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County of Frederick die sum of $583.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $12,192.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS & RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $1,712.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $285.00 per dwelluig unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. 7. PUBLIC SAFETY: Page 2 of 7 Carriage Park Proffer Statement 7.1 The Applicant shall contribute to the County of Frederick the sum of $513.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single fannily attached unit. 8. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building permit for each single family attached unit. 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customaiy for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, including the use of a private refuse collection service to collect the solid waste generated by the residents, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 9.3 The Applicants hereby proffer to establish a start-up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump suin payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to die CPHOA. The start-up funds for the CPHOA shall be made available for the purpose of maintenance of all unprovements within the common open space areas, liability insurance, street light assessments, and property management and/or legal fees. Page 3 of 7 Carnage Park Proffer Statement 10. WATER & SEWER: 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority and the Frederick -Winchester Service Audlority. 11. ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust & Associates, dated September 8, 2006 (the "TIA") including addendum dated February 23, 2007. 12.2 The Applicant shall construct a two lane rural undivided (R2) collector roadway with additional turn lanes where appropriate on a minimum 60 foot right of way from die Project entrance on Route 7, including any necessary turn lanes on Route 7, to the Southern Property boundary as shown on the GDP prior to issuance of the 125`b building permit. Furdlermore, the Applicant shall design an improved section of Valley Mill Road from the terminus of the proposed collector road at the Southern Property line to the existing intersection of Channing Drive and existing Valley Mill Road. (See 1 on GDP) 12.3 The Applicant shall close the existing crossover on Route 7 at Valley Mill Road within 180 days of receiving written notice from Frederick County and/or VDOT. (See 2 on GDP) 12.4 The Applicant shall construct a public street connection from die proposed relocated Valley Mill Road to die boundary of the Blue Ridge Mobile Home Park in the general location depicted on dae GDP. (See 3 on GDP) 12.5 The Applicant shall reserve all portions of the Property located East of die proposed relocated Valley Mill Road as depicted on the GDP for any future transportation improvement deemed necessary by VDOT. Said reserve area shall be recorded on the Deed of Dedication to ensure that this area shall be available at no cost to Frederick County and/or VDOT should future transportation improvements necessitate die use of this portion of the Property. The identified reserve area may be included as part of the required open space for the Property. (See 4 on GDP) Page 4 of 7 Carriage Park Proffer Statement 12.6 The Applicant shall diligently pursue agreement with off site property owners after rezoning. The Applicant shall file for MDP approval within 3 months of rezoning approval by the Board and shall file for Final Construction Drawing approval for the collector road from Rte 7 to Valley NO Road witln 6 months of final rezoning by the Board. In the event that the right of way is made available for the offsite road extension prior to the application for the first building permit in the development, the Applicant shall, prior to the building permit, Bond with the County for the completion of construction of that road segment, based on costs estimated from the final drawings. Construction of the road from Route 7 to Valley Mill Road shall be complete prior to issuance of the 151 st building permit. 12.7 In the event Right of Way for the offsite road segment is not available at the time of the First building permit, die Applicant shall place the amount of $3,000.00 per dwelling unit, payable upon issuance of each building permit, in an escrow account for right of way acquisition and the construction of the extension of the proposed collector road from the proposed terminus at the Southern Property boundary to existing Valley Mill Road as depicted on the GDP. In the event that the right of way is made available for said road extension prior to issuance of the 150`h building permit, the Applicant shall construct the proposed collector road from Route 7 to connect with existing Valley Mill Road prior to issuance of the 151't building permit and contributions to the escrow account shall cease and all payments made to the escrow account shall be reimbursed to the Applicant. 12.8 In the event that off site right of way is not made available prior to issuance of the 151st building permit, the contributions to the escrow account shall go to the County's general transportation fund and all future per unit transportation contributions shall be made to the County's transportation fund and the Applicant shall not be responsible for construction of the offsite collector roadway South of die Property Boundary. 13. HISTORIC RESOURCE PROTECTION 13.1 A minimum 100 foot buffer of natural vegetation shall be preserved between VA Route 7 and any future residential lots located on the Property. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and the proposed collector road. (See 5 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort. 14. BUFFER 14.1 The Applicant shall install a double row of evergreen trees spaced no more than 10 feet apart that are a minimum 4 feet in height at time of planting in the location depicted on the GDP within 90 days of the offsite road right of way being provided by the property owner.. (See 6 on GDP) Page 5 of 7 Caniape Park Proffer Statement 15. SEVERABILITY 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with die land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set fords in the Proffer Statement which are paid to the County after 36 mondis following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in die CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. 18. ROAD ABANDONMENT 18.1 At such time that Valley Mill Road is relocated through the Property to provide a connection with Route 7, the County may apply for abandonment of the portion of existing Valley Mill Road between the eastern edge of the existing one lane bridge at Abrams Creek and the relocated portion of Valley Mill Road. Abandonment of this right of way will provide for a safer traffic movement while eliminating the need to expand the existing one lane bridge at Abrams Creek. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Carria,ge Park Proffer Statement STATE OF VIRGINIA, AT LARGE FREDE RICK COUNTY, To -wit: The foregoing instrument was acknowled ed before me thus day of n , 2007, by QQ DVP C L ,« n ox- l c] 'd� OF =: O�'••:9GIN�?:•� 111111011 My commission expires Notary Public Page 7 of 7 ZZ 5 O"A TUR ewc macswfl \Jl I � I �, I / if PHASE 1 I I (INITIAL 150 BUILDING PERMITS) i� PHASE 2 • • • • • • • • I • / • • 30.5230 Acres CONN TI 3 • • EX. ZONING: RA BLUE GE MHP �: — • • PROPOSED ZONING: RP (PROF F 1 Z 4) • • • �© LANDSCAPED 14. 796 Acres SCREEN EX. ONING.- MH1 OPO PROPOS 0 ZONING: RP EY M�Vti �AV lEX -nNG �RELOCATED S VALLEY MILL RO � FU RE CONNEC N TO OO rf VALL Y M1LL ROAD ^O PORTION OF EXISTING VALLEY MILL ROAD TO BE ABANDONED TION BUFFER OPEN STb'' E A A RESERVED FOR T ON IMPROVEMENTS CARRIAGE PARK Patton, Harris, Rust & Associates ��. GENE-FL/ZED DEVELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22601 p \ Q VOICE: (540) 661-2139 FAX: (540) 665-0493 FREDERICK COUNTY, VIRGINIA Mike Rudd From: Patrick R. Sowers [Patrick. Sowers@phra.com] Sent: Wednesday, May 16, 2007 8:38 AM To: 'Ingram, Lloyd' Cc: 'Copp, Jerry'; 'Alexander, Scott'; 'Eric Lawrence'; 'Mike Ruddy' Subject: RE: Carriage Park - Rezoning Lloyd, I'm not sure why you did not receive my e-mail after our phone conversation yesterday. As we discussed, our intent is to construct an entrance at Route 7 including a crossover and provide for signalization of the new intersection. We are certainly willing to commit to these items at tonight's meeting and will revise the Proffer Statement accordingly prior to any final vote by the Board of Supervisors. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com -----Original Message ----- From: Ingram, Lloyd[mailto:Lloyd.Ingram@VDOT.Virginia.gov] Sent: Wednesday, May 16, 2007 9:12 AM To: Patrick R. Sowers Cc: Copp, Jerry; Alexander, Scott; Eric Lawrence; Mike Ruddy Subject: Carriage Park - Rezoning Patrick, After our phone conversation yesterday afternoon identifying the questions the latest revision of the proffers had raised with VDOT staff I had hoped that I would have received a response by now. Currently I have several meting scheduled for today and will be away from my desk and therefore felt that an email was appropriate to relay the concerns. Due to the short time I have had to review this new document I will restrict my comments to the 2 major traffic safety concerns. 1. Between the revised proffers and the revised Generalized Development Plan it is not clear if the intention is to utilize a right -in/ right -out entrance. Previous submittals identified a cross -over on Route 7 to be built, by the developer, at the entrance site to provide a safe ingress/egress for the residents of Carriage Park. A right -in / right -out entrance on Route 7 will not be supported by VDOT. 2. Previous Generalized Development plans noted a traffic signal at the Route 7 connection and this dose not appear on the latest Generalized Development plan. Regards, Lloyd A. Ingram Transportation Engineer VDOT - Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 1 Mr. Mike Ruddy County of Frederick Department of Planning and Development 107 north Kent Street, Suite 202 Winchester, VA 22601 May 10, 2007 Dear Mike, We would like to take this opportunity to inform you that despite weeks of discussions with counsel for the developer, with you, board members, staff, and VDOT representatives, we will be unable to support the rezoning of the Carriage Park project. We would like to explain our decision. Earlier it was made clear to us, that there would be a risk on our part, because no guarantee could be made on the abandonment of Valley Mill Road through our farm. We assessed the risk , and understood petitioning the county and state for the abandonment of the road could only occur after construction of the new road. We ultimately accepted this, believing this would complement the goals of the developer, the county and us. As we have proceeded with negotiations, however, it became clear to us that the developer was either unable or unwilling to guarantee prompt commencement of the project or produce a performance bond for the road work early on in the process. What we mean by guarantee is that the developer would commit to beginning construction of the road at a time promptly after the MDP was approved by the county. His position was that he could not control the time it would take the county for that approval. What he failed to mention is that the county cannot approve a plan that they do not have. He would ultimately control this timing by submitting the plan when he saw fit. In view of this possibility, we believe that everything should be tied to the date of final rezoning. Recognizing the developer's unwillingness to do this and bond the work, and considering the current climate in the residential construction market, we see ourselves taking a huge risk that this could or would not happen anytime soon. With this in mind, we felt it unwise to offer the right of way through a prime piece of our farm. We think it important that you and others understand we have never even reached the point where a monetary value was discussed with the developer for the transfer of an easement, since our primary concern was not adequately addressed. Therefore, recognizing the developer's right to rezone the property, we would ask that staff, the planning commision and the board of supervisors impose the maximum allowed setbacks and buffers between our property and Carriage Park with minimum density for the development. While it is our intent to be good neighbors, we would like to suffer the least impact possible. We would further like to thank you and the many county officials and board members who met with us and helped with our decision. Thank you. Sincerely, Tim and Tootser Stafford cc: Robert C. Shickle, Barbara E. Van Osten, Gary W. Dove, Bill M. Ewing, Gene E. Fisher, Charles S. DeHaven, Jr., Philip A. Lemieux,John R. Riley, Jr., June Wilmot, Roger Thomas, H. Paige Manuel, Cordell Watt, Greg L. Unger, Robert A. Morris, John Light, Gary Oates, George Kriz, Charles Triplett, Rick Ours, Gregory Kerr, Christopher Mohn, Clay Athey, Michael Hobert, Department of Planning and Development Rp ? VALLEY MILL RESERVE AREA FOR CONNECTION TO VALLEY MILL ROAD ADAMS PROPERTY PROPO CREATION CENTER LOCH TWIN L.\KES Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. PHRA East Piccadilly Street, Suite 200 Wi Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 WWTP RESERVATION PARCEL., HAGGERTY ROAD WORK REIMBURSEMENT AREA GENERALIZED DEVELOPMENT PLAN The Village at Opequon SCALE: 1 " = 500' DATE: 4/10/07 Okv 14 REZONING665.5651 04-26-2007 " in 6 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 NOTIFICATION OF PUBLIC HEARING July 11, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-07 FOR THE HAGGERTY PROPERTY PROFFER REVISION On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, July 25, 2007, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 904-07 for the Haggerty Property Proffer Revision, submitted by Patton Harris Rust & Associates, to revise proffers associated with Rezoning #14-04, which resulted in the rezoning of 111.56 acres to RP (Residential Performance) District. The proffer revisions propose modifications to the transportation program previously approved by the County. The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is firrther located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are located in the Red Bud Magisterial District, and are identified by Property Identification Numbers (PINS) 55-A-212 and 55-A-212A. (This item is continued from the 6/13/07 Board of Supervisors meeting.) Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Sheet, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on l 1 E1 from the Department of Planning and Development, Frederick County, Virginia: 65 - A- -195- 55 - A- - 212- THE CANYON, LC 420 W JUBAL EARLY OR STE 103 WINCHESTER,VA 22601 Patton Harris Rust Associates, PC Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 55 -A- -211- TOLL VA IV, LP 21630 RIDGETOP CIR STE 130 DULLES, VA 20166.6564 55 -4- - 1- FREDERICK-WINCH ESTER PO BOX 433 WINCHESTER, VA 22604.0433 55 -4- - 2- INVESTORS AT, LLC PO BOX 550 STEPHENS CITY, VA 22655.0550 55 -4- - 3- MCKEE, MICHAEL EDWARD 283 EDDYS LN WINCHESTER, VA. 22602.7917 RIGGLEMAN, LISA ANN & MILDRED L 2737 SENSENY RD WINCHESTER,VA 22602 56 - A- - 19- FREDERICK-WI NCH ESTER PMB 353 4017 WASHINGTON RD MCMURRAY, PA 15317 Planning Director - Clarke County 102 N. Church Street Berryville, VA 22611 ---7�, Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do ereby certify that Mi ael T. Ruddy, Deputy Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated `11, k `� , 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 P(fJBLIC 132 / 8"'7 t�� Impression antibourrage et A s6chage rapide www.avery.com gVERY® 51610 Utillsez le gabarit 51610 1-600-60 AVE 55 - A- - 212- THE CANYON, LC 420 W JUBAL EARLY DR STE 103 WINCHESTER,VA 22601 55 - A- - 212-A THE CANYON, LC 420 W JUBAL EARLY DR STE 103 WINCHESTER,VA 22601 55 - A- - 209- TOLL VA IV, LP 21630 RIDGETOP CIR STE 130 DULLES, VA 20166.6564 55 - A- - 209- TOLL VA IV, LP 21630 RIDGETOP CIR STE 130 DULLES, VA 20166.6564 55 -A- -211- TOLL VA IV, LP 21630 RIDGETOP CIR STE 130 DULLES, VA 20166.6564 55 - A- - 213- TOLL VA IV, LP 21630 RIDGETOP CIR STE 130 DULLES, VA 20166.6564 55 - A- - 213- TOLL VA IV, LP 21630 RIDGETOP CIR STE 130 DULLES, VA 20166.6564 55 - A- - 212- THE CANYON, LC 420 W JUBAL EARLY DR STE 103 WINCHESTER,VA 22601 55 - A- - 212-A THE CANYON, LC 420 W JUBAL EARLY DR STE 103 WINCHESTER,VA 22601 55 - A- - 212-A THE CANYON, LC 420 W JUBAL EARLY DR STE 103 WINCHESTER,VA 22601 55 - A- - 209- TOLL VA IV, LP 21630 RIDGETOP CIR STE 130 DULLES, VA 20166.6564 55 - A- - 209- TOLL VA IV, LP 21630 RIDGETOP CIR STE 130 DULLES, VA 20166.6564 55 -A- - 211- TOLL VA IV, LP 21630 RIDGETOP CIR STE 130 DULLES, VA 20166.6564 55 - A- - 213- TOLL VA IV, LP 21630 RIDGETOP CIR STE 130 DULLES, VA 20166.6564 55 - A- - 213- TOLL VA IV, LP 21630 RIDGETOP CIR STE 130 DULLES, VA 20166.6564 pL915 ©� � AMFIAV-09-008-1, ®L96S 31VIdWRL ®AjaAv ash woa•AaaAe MMM Bul}ulid aaad 96pnwg pue Lie f Jam and Smudge Free Printing Use Avery® TEMPLATE 5161® 55 -A- -210- THECANYON 420 JUBAL EARLY DR STE #103 WINCHESTER, VA 22601 55 - A- - 210- THECANYON 420 JUBAL EARLY DR STE #103 WINCHESTER, VA 22601 55 -4- - 1- FREDERICK-WINCHESTER PO BOX 433 WINCHESTER, VA 55 -4- - 2- INVESTORS AT, LLC PO BOX 550 STEPHENS CITY, VA 55 -4- - 3- MCKEE, MICHAEL EDWARD 283 EDDYS LN WINCHESTER, VA. I� www.avery.com �1� �(® 51610 1-800-Go-AVEO 1 55 - A- - 210- THECANYON 420 JUBAL EARLY DR STE #103 WINCHESTER, VA 22601 55 - A- - 210- THECANYON 420 JUBAL EARLY DR STE #103 WINCHESTER, VA 22601 55 -4- - 1- FREDERICK-WINCHESTER PO BOX 433 22604.0433 WINCHESTER, VA 22604-0433 22655.0550 55 -4- - 2- INVESTORS AT, LLC PO BOX 550 STEPHENS CITY, VA 22655.0550 55 -4- - 3- MCKEE, MICHAEL EDWARD 283 EDDYS LN 22602.7917 WINCHESTER, VA. 22602.7917 65 - A- - 195- RIGGLEMAN, LISA ANN & MILDRED L 2737 SENSENY RD WINCHESTER, VA 22602 65 - A- - 195- RIGGLEMAN, LISA ANN & MILDRED L 2737 SENSENY RD WINCHESTER, VA 22602 AHEIA /-09-008-1. opts I!Aege6 of zeswin ©0is 0Jl?I3A1v/ M W0:) AMM J9Ae' M ® apldea 96eq:)as a ja oftAnogpe uolssaadwl Jam and Smudge Free Printing www.averycom © AVERW 51610 Use Avery® TEMPLATE 51610 0 1-800-GO-AVEO 56 - A- - 19- 56 -A- - 19- FREDERICK-WI NCH ESTER FREDERICK-WINCHESTER PMB 353 PMB 353 4017 WASHINGTON RD 4017 WASHINGTON RD MCMURRAY, PA 15317 MCMURRAY, PA 15317 L] COUNTY of I+ REDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 30, 2007 TO: TIIE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-07 FOR THE IIAGGERTY PROPERTY PROFFER REVISION On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, June 13, 2007, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 904-07 for the Haggerty Property Proffer Revision, submitted by Patton Harris Rust & Associates, to revise proffers associated with Rezoning #14-04, which resulted in the rezoning of 111.56 acres to RP (Residential Performance) District. The proffer revisions propose modifications to the transportation program previously approved by the County. The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are located in the Red Bud Magisterial District, and are identified by Property Identification Numbers (PINS) 55-A-212 and 55-A-212A. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Plarming Director MTR/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 This is to certify t vat the attached correspondence was mailed to the following on �O ® from the Department of Planning and Development, Frederick County, Virginia: Michael E. McKee The Canyon, LC 283 Eddys Ln. 420 W. Jubal Early Dr., Ste. 103 Winchester, VA 22602 Winchester, VA 22601 Patton Harris Rust Associates, PC Attn: Charles Maddox 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 Toll VA IV, LP 21630 Ridgetop Cir., Ste. 130 Dulles, VA 20166 Frederick -Winchester PO Box 433 Winchester, VA 22604 Investors AT, LLC PO Box 550 Stephens City, VA 22655 STATE OF VIRGINIA COUNTY OF FREIDERICK Lisa & Mildred Riggleman 2737 Senseny Rd. Winchester, VA 22602 Frederick -Winchester PMB 353 4017 Washington Rd. McMurray, PA 15317 Chuck Johnston, Planning Administrator Planning Dept. 102 N. Church St. Berryville, VA 22611 Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department I, , a Notary Public in and for the State and County aforesaid, do reby certify that Michad T. Ruddy, Deputy Plamling Director for the Department of Plannin an Development, whose naive is signed to the foregoing, dated S` U , has personally appeared before me and acknowledged the same in my State and Coimty aforesaid. Given under my hand this �etd day of `JD My commission expires on (1 NOTARY BLIC 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 NOTIFICATION OF PUBLIC HEARING May 9, 2007 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-07 FOR THE HAGGERTY PROPERTY PROFFER REVISION On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 23, 2007, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 904-07 for the Haggerty Property Proffer Revision, submitted by Patton Harris Rust & Associates, to revise proffers associated with Rezoning #14-04, which resulted in the rezoning of 111.56 acres to RP (Residential Performance) District. The proffer revisions propose modifications to the transportation program previously approved by the County. The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are located in the Red Bud Magisterial District, and are identified by Property Identification Numbers (PINS) 55-A-212 and 55-A-212A. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify th t the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 55 - A- - 212- THE CANYON, LC 420 W JUBAL EARLY DR STE 103 WINCHESTER, VA 22601 Patton Harris Rust Associates, PC Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 55 - A- - 209- TOLL VA IV, LP 21630 RIDGETOP CIR STE 130 DULLES, VA 20166 55 -4- - 1- FREDERICK-WI NCH ESTER PO BOX 433 WINCHESTER, VA 22604.0433 55 -4- - 2- INVESTORS AT, LLC PO BOX 550 STEPHENS CITY, VA 22655.0550 55 -4- - 3- MCKEE, MICHAEL EDWARD 283 EDDYS LN WINCHESTER, VA. 22602.7917 STATE OF VIRGINIA COUNTY OF FREDERICK 65 - A- -195- RIGGLEMAN, LISA ANN & MILDRED L 2737 SENSENY RD WINCHESTER,VA 22602 Frederick -Winchester PMB 353 4017 Washington Rd. 1 McMurray, PA 15317 Mr. Chuck ,lohnston, Planning Administrator Planning Department 102 North Church Street Berryville, VA 22611 Michael T. Ruddy, Deputy Planning�Dictor Frederick County Planning Department a Notary Public in and for the State and County aforesaid, d o ereby certify that M' ael T. Ruddy, Deputy Planning Director for the Department of Plannin nd Development, whose name is signed to the foregoing, dated O�e�b , 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 G� ADD NOTARY P LIC COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 20, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) WE,: REZONING APPLICATION #04-07 FOR THE HAGGERTY PROPERTY PROFFER REVISION On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, May 2, 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 #04-07 for the Haggerty Property Proffer Revision, submitted by Patton Harris Rust & Associates, to revise proffers associated with Rezoning 414-04, which resulted in the rezoning of 111.56 acres to RP (Residential Performance) District. The proffer revisions propose modifications to the transportation program previously approved by the County. The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are located in the Red Bud Magisterial District, and are identified by Property Identification Numbers (PINS) 55-A-212 and 55-A-212A. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 i ' This is to certify that t e attached correspondence was mailed to the following on fJ D % from the Department of Planning and Development, Frederick County, Virginia: 65 - A- - 195- 55 - A- - 212- RIGGLEMAN, LISA ANN & MILDRED L THE CANYON, LC 420 W JUBAL EARLY OR STE 103 2737 SENSENY RD WINCHESTER, VA 22601 0) WINCHESTER, VA 22602 56 - A- - 19- Patton HarrRust Associates, PC FREDERICK-WINCHESTERis PMB 353 Attn: Charles Maddox 4017 WASHINGTON RD 117 E. Piccadilly Street, Suite 200 MCMURRAY, PA 15317 Winchester, VA 22601 I 55 - A- - 209- TOLL VA IV, LP 21630 RIDGETOP CIR STE 130 DULLES, VA 20166 55 -4- - 1- FREDERICK-WINCHESTER PO BOX 433 WINCHESTER, VA 22604.0433 55 -4-- 2. INVESTORS AT, LLC PO BOX 550 STEPHENS CITY, VA 22655.0550 55 -4- - 3- MCKEE, MICHAEL EDWARD 283 EDDYS LN WINCHESTER, VA. 22602.7917 STATE OF VIRGINIA COUNTY OF FREDERICK Mr. Chuck Johnston, Planning Administrator Planning Department 102 North Church Street Berryville, VA 22611 Michael T. Ruddy, Deputy Plannin�/Director Frederick County Planning Departrilent I, W / �/, 51 a Notary Public in and for the State and County aforesaid, do h r by certify that Micha T. Ruddy, Deputy Planning Director for the Department of Plane an Development, whose name is signed to the foregoing, dated �� 0 , has personally appeared before me and acknowledged the same in my State and County aforesaid. / Given under my hand thisQday of My commission expires on aav % NOTA PUBLIC -07 Haggerty - Rezoning -v ID # Name Address Zonin2 Use 55-A-209 Fu-Shep Farm Partnership 405 Briarmont Drive, Winchester, VA 22601 RA Residential 55-A-211 ✓ Fu-Shep Farm P artnership 405 Briarmont Drive, Winchester, VA 22601 RA Vacant 55-A-213 Fu-Shep Farm Partnership 405 Briarmont Drive, Winchester, VA 22601 RA Vacant 55-A-210 . Goldie's LC 310 Eddy's Lane, Winchester, VA 22602 RA Residential 55-4-1 Frederick - Winchester P.O. Box 433, Winchester, VA 22604 RA Vacant 55-4-2 Steve Thomas Chadwell 6825 Valley Pike, Middletown, VA 22645 RA Residential 55-4-3 Michael Edward McKee 283 Eddy's Lane, Winchester, VA 22602 RA Residential 65-A-195 Lisa Ann & Mildred L Riggleman 2737 Senseny Road, Winchester, VA 22602 RA Agricultural a an ine -�9- 0 011d! C-oui mod.; W�edst A-24 gticaitar�l - in -C-1-i-rl�-Id.; C-res�cti 5 RA eside t 156-A- -19 Frederick - Winchester P.O. Box 433, Winchester, VA 22604 RA Vacant -A-19 Crown Communications, Inc PMB 353, 4017 Washington Rd., McCurray, PA 15317 RA Local Government Is TO:BARBARA-DATA PROCESSING FROW BEV - Planning Dept. Please in q se,7t of lay ANKS� DEPT. OF GEOGRAP HIC T. RMATION SYSTEMS FREDERICK COUNTY, VIRGMU GIS, IVIA.PPENG, GRAPHICS U' WORKREQUEST DATE RECEIVED: 3 �7 O 7 REQUESTED COMPLETION DATE: REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTRvlATED COST OF PROJECT: DESCRIPTION OF REQUEST: (,Trite ellvs E$- _ I�--1 Q DIGITAL: SIZES: COLOR: PAPER. FAX: FAX: i61Mal Dn On DaCK Dl jrL4 uGsL) nrs 5=� -a �� �d la BLACK'W=: . NUNMER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 QN°tift '4 55 T 4 1 �etiverebt FREDERICK-WINCHESTER Qt ,utr r0 P°,,e�'ad2asP 0 B 0 X 43 3 C'bf°,e GeatAtltlress WINCHESTER, VA �, 'tl teR�Ogtldr a metl e� �+,7emala, Q�'dluce. Q VN° Such St,�E °1 k�Dwr� v °`'''' ptre9�bteQN�mD+r QBOxC� ep�Ge QR° ° a- `N° proer 9e" ,,B°r eerier gtltl 404104'-3 EGOS r•. 22604-0433 016H26508243 $ 00.390 05/09/2007 Mailed From 22601 US POSTAGE MAY 1 1 2007 { L �11/1'11 Isit/itI/it I1I1iI//'1/I ill 111itt" 811/I11/181'�t l'1l11 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 9, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-07 FOR THE HAGGERTY PROPERTY PROFFER REVISION On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 23, 2007, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-07 for the Haggerty Property Proffer Revision, submitted by Patton Harris Rust & Associates, to revise proffers associated with Rezoning #14-04, which resulted in the rezoning of 111.56 acres to RP (Residential Performance) District. The proffer revisions propose modifications to the transportation program previously approved by the County. The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are located in the Red Bud Magisterial District, and are identified by Property Identification Numbers (PINS) 55-A-212 and 55-A-212A. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 ® Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 55 -4-- 1- FREDERICK-WINCHESTER PO BOX 433 WINCHESTER,VA JUL 1 3 L0�7 i�-0 165H2660D a 24 i '.L r' ° V20,, 0 v No I Ge'Nera U,ao.'e ro F D/eAsgdd C h!o cantgdyess 22M,���e�e,9 �'o Add�sa D Anema!ed Re%d No o! Xn D b.,!Dne DNLm�r C ho tail �SS eoe Bible D R61 ea N0 Grdar ur DPos�9e p F'reter zle a 1t 11: �11'ddiftfllP 111111 191 f1111111111111111111111/h ii II COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING July 11, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 404-07 FOR THE HAGGERTY PROPERTY PROFFER REVISION On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, July 25, 2007, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 404-07 for the Haggerty Property Proffer Revision, submitted by Patton Harris Rust & Associates, to revise proffers associated with Rezonng # 14-04, which resulted in the rezoning of 111.56 acres to RP (Residential Performance) District. The proffer revisions propose modifications to the transportation program previously approved by the County. The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are located in the Red Bud Magisterial District, and are identified by Property Identification Numbers (PINS) 55-A-212 and 55-A-212A. (This item is continued from the 6/13/07 Board of Supervisors meeting.) Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Plarming and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, 7Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • MAR 2 3 200? Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE RMIAL AND PROVIDE THE DATE AND ME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOTMEET YOUR APPROVAL PLEASE PROVIDE COALWENTSAS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. EWTIALS DATE & TrAE Candice Bernie Mark Susan Eric Kevin John Lauren COMMENTS: Received by Clerical Staff (Date & Time): k-t�— p Z 0 U:\Pam\Common\Document Approval Form.wpd