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HomeMy WebLinkAbout06-15 Opequon Crossing Red Bud PINs 55-A-210, 212 & 212A - Backfilet NOTES ktCEIPT RECEIVED FROM ADDRESS FOR ' n . DATE NO. ACCOUNT HOW PAID AMT. OF ACCOUNT CASH AMT. PAID CHECK - BALANCE MONEY DUE ORDER 583376 $/1 BY ©2001 rzl�nlFcTm. ® 81-818 D11R, Virginia Department of Historic Resources }yiy. 2801 Kensington :\vcnuc, Richmond, Virginia 23221; Tcicphonc: (804) 367-2323; Fax: (804) 367-2391 PRELIMINARY INFORMATION FORM (PIF) for INDIVIDUAL PROPERTIES The Prelinlinan• Information Form (PIF) constitutes an application for preliminary' consideration of a property for eligibility for the Virginia Landmarks Register and the National Register of I listoric Places. The 1)1 is not the same as a nomination to the Registers, but is a mains for evaluating the eligibility of,' property for listing. The PIF is evaluated by' Dcparurlcllt of I Iistoric Resources (DI-IR) staff and the State Review Board and their recollullendations regarding the property's eligibility will be provided to the property owner in \vritillg. Before Preparinm a PI_F Contact DI-IR's Archivist for assistance In obtaining ally information DI-IR ilia), have on file about your property, such as a previous architectural sury eN- record or eligibility evaluation. You are welcome to use this information in preparing your PI1�. Contact DI-IR's Archivist by phone at (804) 482-6102, or by e"lail at Qu"tiro.l lubbard 1 dhr.virginia.€u)v. Staff at one of DI-IR's three Regional offices are available to answer questions you may have as you begin preparing your PIF. Locations and contact information for each office is at http://dhr.virg.gov regional offices/regional of(ices.htnl. (You also are welcome to ask DI-IIt's Archivist for the contact information) Preparing a PIF A PIF consists of three equally important parts: 1. Form: Complete the attached form to the best of your ability, using your own research about the property to be evaluated as well as any information that DI-IR has provided. Itcnlclnbcr that DI -Ill's Regional staff also are available to assist you. The form may be completed using I\,Iicrosoft Word software, typed, or hand-written. If using MS Word, the I)I can be submitted via CD, email, ftp, or other file sharing means. Your PIP will not be evaluated if it is missing ally of the follo-wing information: • Property owner's signature • Contact Information for the person submitting the form (if cliffcrent from the property owner) • Contact lnfol'matloll fol. the Cit\• Manager Or C011llty AdministratOr \\'ha•C the property Is located 2. Photos: Provide color photographs of your property's exterior and major interior spaces, with emphasis on architectural features instead of furnishings. Photos typically include views of the main building from all sides, as well functional details; any outbuildings or secondary' resources; and the property's as important ornamental Ind/or general setting. Submit photo prints on 4" x G" glossy photo paper and digital images on CD or other file sharing means approved by DI-IR's Regional staff. 3. Maps: A minimum of two slaps "lust accompany your PIF'. • Location neap: This neap shows the exact location of your property. The map call be created "sing Google Yaps, Google I arth, Bing, or other mapping websites. A copy of a road map also may be used as long as the property's exact location and physical address are shown on the map. DI-IR's Archivist call assist ill providing an acceptable location neap With boundaries. • Sketch inap: This "lap shows the locations of all resources on your property, such as the main building; any secondary resources (often referred to as outbuildings); major landscape features such as a stream, formal gardens, driveways, and parking areas, and the road on which the property fronts. The sketch map call be drawn b\• hand, of ail annotated aerial View, tax parcel map or survey Illal) nrly be used. Submitting a PIE Once you have completed the PII', submit it to the appropriate Regional office. The Regional staff mcniber will inform you when D1-IR staff will review your PIF and answer 111y questions you may have about the evaluation process. Note: All submitted materials become the property of DI IR and will be retained in our permanent Archive. In addition, the materials will be posted on DI-IR's public website for a period of time during the evaluation process. Th(Ink. J on f r lr/king /be /mie /o .rub/ui/ /bia Pnr/iu/iuu/ p Jn/ol%!/!/l/0/1 I 'o1%Il. Your inleres/ in Virginia's bislorir resources is be/%iug to prouide beller sleu)rndrbip of our ru/filial pns/. QDHRJ Virginia Department of Historic Resources PRELIMINARY INFORMATION FORM (PIF) for INDIVIDUAL PROPERTIES DHR No. (to be completed by DIIR staff) 034-0398 Purpose of Evaluation Please use the following space to explain briefly why you arc seeking an evaluation of this property'. On behalf of D.R. I Iorton, Dovctail Cultural Resource Group produced an individual P11" for the historic architectural resource at 301 1_,ddys Lane, Winchester, \711-t;inia, known as I laggarty farm (034-0398). This evaluation is being conducted as part of the I,'rederick County proffer requirements for the development of the property, which requires that any historic buildings on the property be surveyed and recorded through a I'll" prior to development. The resource has been determined to be not eligible fM National Register of Historic Places (NRI-IP) listing in 1992 and again in 2020 by DI IR staff. As such, this P1F is being done only to meet local proffers. Are �'ou interested in applying for State and/or Fccleral Rchabilitation'Tax Credits? Yes No X Arc you interested in receiving more information about DI-IIZ's casement programs Yes No X General Property Information Property name: 1-la"arty farm Property address: 301 1,dd\,s Lane City or "Town: Winchester Zip code: 22601 Name of the Independent City or County where the property is located: Frederick (County) Categoq of Property (choose onh. one of the following): Building X Site Structure Object Physical Aspects Acreage: 108.83 Setting (choose only one of the following): Urban Suburban X "Town Village Hamlet Rural Briefly describe the property's overall setting, including any notable landscape features: The Haggertyy Farm at 301 lsdclys Lane is located on the edge of suburban Winchester, in an agricultural and residential area in the eastern part of Frederick County. The property, located at the terminus of I ddys Lanc, is bounded by Opcquon Crock and Clarke County on the cast, Adams Farm (034-0397) on the %vest, the House at 2737 Senscny Road (034-1 155) on the south, and other agricultural properties on the north. The dwelling, located near l ddys Lanc, is situated on a sloping (northwest -southeast) 108.83-acre tract, which is primarily Department of I listoric Resources Preliminary Infonn:uion Dorm I Rcv. January 2017 1 1 / 19/2021 wooded with interspersing grassy fields.:A pond is located on the eastern boundary of the parcel. The property is accessed via an unpaved lane that is blocked with a metal gate attached to wood post and wire fencing. The lane leads from f",ddys Lane and continues south passing on the west side of a grouping of historic building remnants and foundations and terminating at a Frederick County utility building. Wood rail fencing surrounds a majority Of file grouping of historic buildings and foundations while metal chain -link fencing encloses file count}' utility faciliti• and its paved -asphalt parking area. During the previous survey in 2020, file primary resourcc and several outbuildings were found to be in ruins and file area was covered in overgrown vegetation. The outbuildings include a chicken coop, a frame shed, pump house, pet cemetery, unknown agricultural building, and the foundations of a meat house and a barn, and a county utility building. 3. Architectural Description _ArchItCClural style(s): nth 1 f the property was designed by an architect, landscape architect, engineer, or other professional, please list here: N/:A If file builder is known, please list here Date of construction (can be approximate): ca. 1920 Narrative Description: In the space below, briefly describe the general characteristics of the entire property, such as its current use (and historic use if different), as well as the primary building or structure on the property (such as a house, store, mill, factor),, depot, bridge, etc.). Include file architectural style, materials and incthod(s) of construction, physical appearance and condition (exterior and interior), and any additions renxxlelings, or other alterations. EXTERIOR The I Iaggarh' 1 louse at 301 l ,ddys bane was a t\VO-and-one-half-star}, multi -bay, single-fanlil)l dwelling built around 1920. ;\ccording to a 1989 survey, the dwelling was an 1\111erican Foursyual'e, wood -framed dwelling clad in German weatherboard and topped with a pyramidal roof sheathed in composition shingles with a singular hipped dormer. ;A full -width, t-\vo-bay, loll: Victorian -style porch topped with a shed roof and supported by tvvo wood -turned columns was located on file building's fa4adc (west elevation). In 1970, the original slate roof was replaced with composition shingles. The building was derllolishcd by 2007 per historic aerial (Google 2007). SECONDARY RESOURCES :A circa-1950, one -store, frank, chicke❑ coop/poultry hotISC is located southeast of where the dwelling was situated. It is clad in vertical wood board and arverecl by a shed roof. i\ single -leaf, vertical wood hoard door was visible on the "vest elevation. 1\ one -store, shed -roofed addition clad in the same materials as the core extends from the cast clevatt011. A onc-stoill, one -bay frame shed is located north of the barn foundation and south of where the dwelling was situated. I t is clad in vertical wood board and sheathed in a sheet -metal shed roof, both of which have started to rot and deteriorate and rests on an earth foundation. ;A circa-1920 barn foundation is located south of the previous location of the demolished primary resource. The foundation is composed of loose rubble stone and topped with a poured -concrete slab. Department of I liswric Rcsourccs Preliminary Information Dorm 2 Rev. lanoary 2017 1 1 / 19/2021 A circa-1920 pump house clad in stucco and topped with a metal hipped roof is located southeast of the location of the demolished primary resource. The single -leaf door is comprised of vertical board. A circa-1920 meat house/smokc house foundation is located southeast of where the dwelling was situated and cast of the barn foundation. Portions of a pourecl-concrete founclation were observed and a stretcher -bond brick chimnev flue is still extant. A circa-1980 pct cemetery is located at the northeast side of the property entry. It is marked by a stone grave marker. Due to the overgrowth of the property this resource Could not accessed. .\ circa-1950 barn foundation is located south of the building group on the cast side of the farm lane. It has a sduare ])fan with a poured -concrete foundation and surrounded by ovci-grown vegetation. f.vidence of wood planks covered the structure at some point. :A circa-2005, onc-store two -bay county utility' building is located at the southern end of the tract. The building is stuccoed and covered by a hipped roof sheathed in steel sheeting. A single -teal, metal door and metal roll -up garage door are located on the cast elevation. The building featUl-CS attaChed utlllt}' units. 4. Property's History and Significance History The Haggerty farm was built on what was once an approximately 178.58-acre property in the Red laud Magisterial District of Frederick County on the cast side of I"ddys lane, which runs south of the Berryville Pile and west of the Opccluon River and the Clarke and IredCriCk County boarder (Frederick County Register of Deeds JFCRD] 1979: Deed Book JD131 505:280). The history of the built resources can be traced to William J. Lockhart, Sr., who used this land as a turkey farm (United States Death Records 1975). James 1-1. Lockhart, william's father, was a farmer and merchant for a local lumber yard who settled in Back Creek of Frederick County, approximately 17 miles away from 301 Fddys lane, from West Virginia circa 1880 (United States Federal Population Census JU.S. Census) 1880, 1910, 1920). The Lockharts originally bought the current tract of land from Charles Craver and his wife (no name listed in deed) in 1920; it is probable that the main dwelling was constructed during the Craver's ownership (FCRD 1917: DB 140A 16). A 1938 topographic map of the surrounding area indicates the primary dwelling, which would have been owned by Charles at the time, was extant (United States Geological Survey 1938). In 1952, John and Alice Haggerty purchased two separate tracts of land including a 67.01-acre in Clarice County and 1 1 1.51 acres located in I-rederick COMM', both parcels were divided by the Opec]uon River to the cast and west from the Lockharts (I'CRD 1952: D13 226212). Prior to purchasing this propertyjohn_J, and Alice Fla lived in Madison, Wisconsin and f�airfax, Virginia and had one child, John S. I Iaggerty (U.S. Census 1940). John J. Haggerty worked as a turkey farmer, continuing the turkey farming tradition on this property commenced I)v \\'illiam Lockhart, Sr. He also served as a foreign Service Officer for the United States government (Ancestry 1973). _John and Alice had another child, I?dward, after moving to the Winchester property in 1952. After the passing of John J. Haggerty in 1973, the property was bcc]ucathcd to Alicc (PCRD 1994: DB 105:463; FindAGrave 2008). After the death of Alice in 1989, the property was passed to her sons, John S. and L:dward, who lived elsewhere. John S obtained his doctorate from the Massachusetts Institute of Technology (i\ITI), where he was employed in 1998 as a senior research scientist. Before his time at MIT, lie was a senior staff member at Arthur 1). Little, a management Consulting firm, in Cambridge (FindAGrave 2014). In 2003, John S. established the John S. Haggerty Revocable "Trust, and he relinc]uishCd the 178.58 acres to the trust, six years before his death in 2009 (FCRD 2004: DB 04:00005,13; FinclAGrave 2014). Around 2007, several of the Deparnncnt of I listoric Resources Preliminary Information Dorm 3 Rcv. January 2017 1 1 / 19/2021 buildings on the property were no longer extant ((;ooglc 2007). Presently, the Canvon LC & Dave I lollida), Construction INC purchased this land from the John S and 1?clwarcl D 1 laggerty'I'tust (FCRD 200-4: D13 04:0014715). Statement of Significant The I Iaggerte Farm at 301 Fddys Lane is located in I�rcdcricl: County and was consuuctcd around 1920 during the ownership of John J. Lockhart. The primary building was a wood -framed American Foursquare -form, single- famihi dwelling. It, along with several of its associated secondary, resources, were demolished around 2007. The immediate surrounding area of the property has remained fairly rural and agricultural; however, there is residential growth including the Opequon Water Reclamation Plant encroaching from the south and west. Similarhv, the primary resource and associated agricultural outbuildings arc in ruins or are no longer extant. For these reasons, the resource retains a lo'\r• level of historic integrity of location, feeling, association, material, design, workmanship, and setting. \]though the dwelling was constructed during a time of prosperity of the agricultural economti, of Frederick County, the associated agricultural landscape and outbuildings are no longer extant Therefore, the 1-laggerty farm is recommended not eligible for the NRI 11) under Criterion A. None of the owners or residents of the I-laggertN• Farm are known to have achieved significance at the local, state, or national level; consequently the resource is recommended not eligible for listing in the NRI-11) under Criterion 13. Though the I-Iaggerty' farm was an example of an early -twentieth-century, American foursquare -form dwelling, the resource is no longer extant along with its agricultural outbuildings rendering a low level of historic integrity. For this reason, the I lag crty farm is recommended not eligible for NRI 11) listing under Criterion C. The I-Iaggcrty farm is not likch' to yield any new information pertaining to the history of building design or technology, nor of significant patterns of history, or prehistory in the area. Therefore, it is recommended not eligible under Criterion D. In sum, the Haggerty farm at 301 Fcld�,s lane is recommended to retain its eligibility status as not eligible for listing in the NRHP under any criteria as determined by DI-IR staff in 1992 and 2020. Citations Frederick County Register of Deeds (FCRD) n.d. Various Deed Books on bile. Misc. years. Frederick CountN, Circuit Court, Fairfax, Virginia. Find A Grave 2008 Alice Lenora Scarseth llaRgcrty, hops://www.findagravc.com/memorial/28722966/alice-lenora- haggerty, accessed November 2021. 2014 John James I-laggert-y, https://www.Gndagrave.com/memorial/28722852/john-jauies-liaggcrty, accessed November 2021. Googlc 2007 Googlc Earth (Computer Programj, I listoric Acrial Image. Original Database: U.S. Geological Survq. Electronic document, http://\vww.google.co m/ear(h/clownloacl/ge/agree. htnil, accessed November 2021. United States Federal Population Census (U.S. Census) 1880 TOW) Ciu.ru•r o/ lbe Uuilyd ,S/nlr.r, /b'b'(J. \\/ashington, D.C. 1?Iectronic document, www.ancestry.com accessed October 2021. 1910 Thidcollb Giw.rn.r n/' Ibc l.luilcd .S/a/es, 1910. Washington, D.C. National Archives and Record Aclministration. 1 lectronic document, www.ancestry.Com, accessed October 2021. Department of I listoric Resources Preliminary Information Dorm I Rev. 1mmary 2017 1 1 / 19/2021 1920 I olideen/b Cen.cnr of /he Uni/ed Slale.r, 1920. Washington, D.C. National Archives and Record ;Administration. I electronic document wa w.ancesu S .com accessed October 2021. 1940 Sixleenlh C.iwsus of /he (.lniled S/a/es, 1940. Washington, D.C. National Archives and Record \dminisu•ation. 1?Iecu-onic document, "vww.ancesu-�'.com, accessed October 2021. United States Geological Survey' 1938 Winchcster Map, 1:48000, Topographic Quadranglc Map, Rcston, VGA, 1938. Ficctronic clocuuzent, httl)s://Iix-ingatlas.arcgis.com/toI)ocxl)lorer/incicx.litml, accessed November 2021. United States Death Records 1975 Death Record for William Lockhart. U.S Death Records, 1912-201-1, Washington, D.C. National Archives and Record Adminisu-ation, 1?Iectronic document, https://wvvw.anccstry,.coiii/imageviewer/collections/9278/images/,13006_172028008879-0163- 00318?trecid=&personicl=&hintid=&uscl'Uli=true&usel'Ulils=true& ga=2.-11017057.2131927287. 16355288-18-2087310333.16333-17813&1)1cl=2,181809, accessed November 2021. I)chartment of I listoric Resources Preliminary Information Form 5 Rev. January 2017 1 1 / 19/2021 5. Property Ownership (Check as many categories as apple): Privite: 1 Public\LOCaI PUbIiC\State Public\I"ederaI Current Legal Owner(s) of the Property (If the property has more than one owner, please list each below or on an additional sheet.) 1151111C/tItIC: organization: Canon LC & Dave I lollicliy INC street & number: 426 W Iubal I ark Dr STI� 103 city or town: Winchester state: VA zip code: 26601-- c-mail: telephone: 667-2120 Legal Owner's Signature: Date: O G Signature 1•equired i01• pl•Ocesstnb all applications. O O In the event of corporate ownership Vrou must provide the name ;Intl title of the appropriate contact person. Contact person: _ Davt1111C Telephone: Applicant Information (Individual completing form if other than legal owner of property) name/title: I�urtis Roy crs Architectural I listorV I"ield Director organization: DoN•ctail Cultural Resource CirotIIl street & number: 11905 BOW111an DriVC Suite 502 cite or town: Fredericksburtr state: \1A zip code: 22,108 C-mail: krogers n doeetailcrg.com telephone: 5,I0-999-9170 Notification In sonic circumstances, it May be necessary for DIIR to confer with or notify local officials of proposed listings of properties within their jurisdiction. In the following space, please provide the contact information for the local County Administrator, Cite Manager, and/or Town Manager namc/title: locality: street & number: city or tow11: _ telephone: Department of] listoric Resources state: zip code: Preliminary Information Dorm I Rev. January 2017 1 1 / 19/2021 Pet Cemetery Detail View (Page 2) Outbuilding County Utility Building 034-0398, Haggerty Farm/ Haggerty House 301 Eddys Lane Winchester, Frederick County, Virginia Dovetail Cultural Resource Group N November 2021 I Overview (Page 1 /2) Google Earth 2021 Not to Scale Haggerty Farm/ Haggerty House, 301 Eddys Lane t 3 � � s 034-0398, Haggerty Farm/ Haggerty House 301 Eddys Lane Winchester-, Frederick County, Virginia N ® Dovetail Cultural Resource Group November 2021 ► Not to Scale �, ,•111k . -,7# 5.7 j i 4 -�- • . r Sul A „ •r �� LYE ti � e, MT' ' _ � .,,�-• i •y,• .may„ .fr. '• ', �- ,� 'C+%y-,.� may. �! .'!� .�i ✓ L �t V. �K, � •• � '1 F + �� A �. WT . ,` 1_�a� %�^ •�•— � � psi' � a�-�`� � .1 � , yakVII 4 -.. •__mow—"-- ___-►---�= � U � ' � - �� . �C�� << ___ ram• ,- O i� - •ram- r OF Photo 9: 034-0398, 301 Eddys Lane Shed Interim (October 2021). Photo 10: 034-0398, 301 Eddys Lane Shed Interior (October 2021). XA 10% jAf vp 10 Ohl wli Photo 13: 034-0398, 301 Eddys Lane Utility Building Looking South (October 2021). U,j DVirginia Department of Historic Resources 2801 Kensington Avenue, Richmond, Virginia 23221; "Telephone: (804) 367-2323; lax: (804) 367-2391 PRELIMINARY INFORMATION FORM (PIF) for INDIVIDUAL PROPERTIES The Preliminary Information l'ornl (1111") constitutes an application for preliminary consideration of a property for eligibility for the Virginia Landmarks Register and the National IZcgister Of I-listoric ]laces. The PI1' is not the same as a 110Imnation to the Registers, but is a means for evaluating the eligibility of a property for listing. ']'Ile I'll" is evaluated by Department of Historic Resources (DI-IR) staff and the State Review Board and their recommendations regarding the property's eligibility will be provided to the property owner in writing. Before Preparing a PIF Contact DI-IR's Archivist for assistance in obtaining any information DI-IR may have on file about your property, such as a previous architectural survey record or eligibility evaluation. You are welcome to use this information in preparing your 1'II Contact DI IR's Archivist by phone at (804) 482-6102, or by email at Ouatro.l Iubbard �r,dhr.virl;inia.€iov. Staff at one of DHR's three Regional offices are available to answer questions you may have as you begin preparing your PIF. Locations and contact information for each office is at lit tp://dhr.vir}=iciist.t-ern re ;ion-,tl officeti fce,ional offtces.htnl. (You also are welcome to ask DI-IR's Archivist for the contact information) Preparing a PIF A PIF' consists of three equally important parts: 1. Form: Complete the attached form to tle best Of your ability, using your own research about the property to be evaluated as well as am• information that DI IR has provided. Remember that DI IR's Regional staff also are available to assist you. The form may be completed using Microsoft Word software, typed, or hand-written. If using N4S Word, the PII,' can be submitted via CD, entail, ftp, or other file sharing means. Your PIP will not be evaluated if it is missing any of the following information: • Property owner's signature • Contact information for the person submitting the form (if different from the property owner) • Contact information for the City iUanager or County Administrator where the property is located 2. Photos: Provide color photographs of your property's exterior and major interior spaces, with emphasis on architectural features instead of furnishings. Photos typically include views of the main building from all sides, as well as important ornamental and/or functional details; any outbuildings or secondary resources; and the property's general setting. Submit photo prints on 4" x 6" glossy photo paper and digital images on CD or other file sharing means approved by DI-IR's Regional staff. 3. Maps: A minimum of two maps must accompany your PIL: • Location map: 'Phis map shows the exact location of your property. The map can be created using GOogle \laps, Google Lsarth, Bing, or other slapping websites. A copy of a road map also may be used, long as the property's exact location and physical address are shown on the map. DI-IR's Archivist can assist in providing an acceptable location map with boundaries. • Sketch trap: This map shows the locations of all resources on your property, such as the main building; any secondary resources (often referrecl to as outbuil(lings); major landscape features such as a stream, formal gardens, driveways, and parking areas, and the road Oil which the property fronts. The sketch trial) can be drawn by hand, or an annotated aerial View, tax parcel map of survey map may be uSCd. Submitting a PIF Once you have completed the PIF, submit it to the appropriate Regional office. The Regional staff mcinber will inform you when DI IR staff will review your PIl and answer any questions you nlay have about the evaluation process. Note: All submitted materials become the property of DI-IR and will be retained in our permanent Archive. In addition, the materials will be posted on DI IR's public website Cora period of time during the evaluation process. Theink you /or Iri,(:'q the lime to .albnlil Ibis Pre/iminr11y J!Ifb!%lWi0n 1 "ar». Yom• hdems/ in 111ginirr'•r bisloiic• resourres is belping to pr uide belles- sl mlydrbip o/•onr c•I1l/nr<il pnsl. DDHRI Virginia Department of Historic Resources PRELIMINARY INFORMATION FORM (PIP) for INDIVIDUAL PROPERTIES DHR No. (to be completed by DHR staff) 034-0397 Purpose of Evaluation Please use the following; space to explain briefly why you arc seeking; an evaluation of this property. On behalf of D.R. Horton, Dovetail Cultural ReSOLIree GI'OLII) I)1'OdLICCd an individual PIF for the resources at 310 Eddys Lane in Winchester, Virginia (034-0397). This evaluation is being Conducted as part of the Frederick County proffer requirements for the development of the property, which i'CgLlll'CS that any historic buildings oil the property be surveyed and recorded through a PIF prior to development. The resource has been cleternlined to be not eligible for National Register of Historic Places (NRI-IP) listing in 1992 and again in 2020. As such, this PIF is being completed only to meet local proffers. Are you interested in applying for State and/or federal Rehabilitation Tax Credits? Yes No X Are you interested in receiving more information about DHR's casement program? 1'es No X General Property Information PropertA' name: Adams Farm Property address: 310 1- idys I one City or "Town: Winchester Zip code: 22601 Nanle of the ]ndepenclent Cite or County where the property is locatecl: Frederick (County) Category of Property (choose only one of the following;): Building x Site Structure Object 2. Physical Aspects Acreagc: 70.15 Setting (choose only one of the following): Urban Suburban 1 "Town \�illag c 1 lamlct Rural Briefly describe the property's overall setting, including any notable landscape features: The Adams Farm at 310 Eddys Lane is located on the edge of suburban Winchester ill all agricultural and residential area in the eastern part of Frederick County. The property, situated at the terminus of Eddys Lane, is bounded by other agricultural and residential properties on all sides. The 70.15-acre parcel is primarily covered ill agricultural fields with thickly wooded portions in the southwest corner and in the north. The primary dwelling, which is enclosed by wood rail fencing, and associated buildings are concentrated in the eastern portion of the parcel. A small pond is located south of the group of buildings. Tile property is accessed via a gravel driveway leading from Eddys Lane continuing south towards the group ol'buildings. A barn, agricultural I)uparuncnt of I listoric RCSfriirCCS Preliminary Information Dorm I Rev. January 2017 11 / 19/2021 building, shed, chicken coop, chicken coop/poultry house, are aSS0CiatC(I With the 1)1'iillai-y i'CSOl11'CC, a single- family dwelling. 3. Architectural Description \rchitectural St�,le(s): Vernacular If the propertj• was designed b�l an architect, landscape architect, engineer, or other professional, please list here: N /A I f the builder is known, please list here: N z\ Date of construction (can be approximate): Narrative Description: In the space below, briefl} describe the general characteristics of the entire property,, Such as its current use (and historic use if different), as well as the primary, building or structure on the property (such 'IS a 110USC, store, mill, factory, depot, bri(lge, etc.). Include the architectural style, materials and mcthod(s) of construction, phVSical appearance and condition (exterior an(1 interior) and an), additions, remo(lelings, or other alterations. EXTERIOR The Adams Farm at 310 Cddys Lane is a two-story, three -bay, single-family dwelling built around 1917 in a vcrnaCnlal- 601.111 with 111iIlimal ClelllC11tS of the QUCen Aline style. The C011ti11llollS random stone fOUnclation Supports a flame StRICIUI'al SyStC111 Clad ill Vlilyl Siding. The moderately pitched, cross -gabled roof is sheathed in StaIlding-Seam metal. Hexagonal vents are visible ill the gabled ends. A11 interior -end, brick chimney is centered on the south elevation and another is centered on the west elevation. The primary entrance, centered on the cast elevation (facade), is filled with a single -leaf, half -glazed door of an indeterminate material and a metal storm door. Other fenestration inclu(Ics single one-over-onc, vinyl -framed, double -hung -sash windows, most of'which are flanked by fixed, vinyl, paneled shutters. A secondary entrance is located in the west half'of'the north elevation and features a single -leaf, fiberglass cloor. An additional secondary entrance is located in the \vest half of the south elevation. A one-story, three -bay, full -width porch spans the faI;adc. It is covered by a hipped 1-001'supported by turned wood posts with decorative wood brackets. Corrugated -metal -Clad shed -roofed awnings are situated above the secondary entrances; they are supported by wood brackets. Cellar cloors are situated just west Of'tllC southern entrance. A one-story, shed -roofed addition extends from the west elevation; it is clad in the same material as the core. A porch is engaged in the northwest corner of'theaddition and the roof iS supported by a metal post in this area. A secondary entrance, filled with a single -leaf, fiberglass door, is located in the north elevation of' tile addition. INTERIOR Interior access was not permitted as a part of this survey. Department of I listoric Resources Prcliminan' Information Dorm 2 Rev. 1anuary 2017 11 / 19/2021 BricAN, describe anN, outbuildings or SCcondar�, resources (such as barns, shecls, clam and mill pond, storage tanks, scales, railroad spurs, Ctc.), including their condition and their estimated construction dates. SECONDARY RESOURCES A circa-1920, one-story, fra111C barn IS IoCate(l 1101"th Of the pl'lrllal'y 1'CS01.11'CC. It has thrcc bays with a central t]u'eshing floor indicated by the large entry at the central bay on the north elevation. The barn is clad ill vertical wood boards and covered by a side -gabled roof with exposed rafter tails sheathed in standing -seam metal. A sliding metal door is located in the north elevation. A one-story, shed -roofed run-in extends front the east elevation. It is supported by squared wood and concrete -block posts. The bottom portion Of each elevation is left open while the portion beneath the cave is clad in vertical wood boards. A circa-1950, one-story, one -bay Shed of possible Il1Cat/S1ll0kC ]louse 1S located north Of the primary 1'CSOuI'CC. It is clad In COI'rllgatCd alld V-CI'llllp instal and the front -gabled roof is S11eat11Cd Ill Standing -Scalia metal. A sing1e- leaf'nleta] door is located in the north elevation, and a Single-Ieaf wood door IS located Oil the Cast elevation. Other fenestration includes a six -over -six, wood -framed, double -hung -Sash windows. A circa-1950, one-story chicken coop is located northeast of the primary resource and south of the barn. It is Clad ill board -arid -batten Siding and visible fenestration 111CILICICS Six-ovcr-Six, wood -framed, double -hung -sash windows with metal netting attached to the exterior window frame. A circa-1930, one-story, multi -bay, chicken coop/poultry house is locates] south of the primary resource. Tile clay -block building is covered by a v-Crimp metal -clad gabled roof pierced by metal flues at the roof ridge. A vertical -board, double -leaf entry pierces talc south elevation and Corrugated metal covers the gable at this elevation. Other fenestration includes six -over -six, wood -framed, cloublC-hlillg-Sash wiilclows. The interior walls are painted, the roof structure is left unfinishecl, and the floor is packed earth. A one-story, frame addition extends from the north elevation. It is clad in vertical board -and -batten siding and the gabled roof is sheathed in corrugated metal. It features similar fenestration as the clay -block portion. A circa-1930, one-story, gable -roofed, agricultural outbuilding is located west of the primary resource. It is Constructed with clay block and clad in a mix Of asphalt paper and corrugated metal. Interior views Of the building reveal that the corrugated metal siding is covering wood -Framed openings. Other fenestration includes a single -leaf, vertical wood board entry on the east elevation with a large opening to the north. Narrow windows pierce the north elevation, just under the roof Cave. An additional entry is located along this elevation and is filled with a single -leaf vertical wood board cloor. The interior walls and roofing system are unfinishecl and the tlnnr iz narked eslrlh. A short clav-block wall and vertical -wood gate separates the interior space into two sect 4. Property's History and Sighificance In the space below, brieEh, describe the historN, of the property,, such as significant events, persons, and/or families associated with the property,. Please list all sources of information used to research the historti, of the property. (It is not nccessar\- to attach lengthy articles or family- genealogies to this form.) If the property is important for its architecture, engineering, landscape architecture, or other aspects of design, please include a brief explanation of this aspect. History The land on which the Adams Farm was established was purchased as a parcel by William L. McDonald froth B.J. McDonald (relationship unknown) in January 1886 (Frederick County Register of Deeds, Winchester, Virginia [FCRD] 1886: Deed Book [DB] 102:153). Although thcrc appears to be no records of the subsequent transfer, it was followed in 1891 by a transfer from John B. Carver to William L. McDonald and wile, Mollie (FCRD 1891:DB 109:393). Census records indicate that the McDonald family was located in Shawnee Township, Frederick County, Virginia in 1880 (United States Federal Population Census [U.S. Census] 1880). The 1880 federal population census lists William, 34 years old and a farmer, and Mollie, 24 years old and keeping house, living with their children, Bess and Lena, and a laborer, Anderson Farther. The McDonalds operated the property as a family farm. An obituary from December 1924 in The Dail), Independent, a Winchester newspaper, stated that during NVllllalll'S lifetime, he joined the Confederate Army at the age of 17 and had a farm near "Burnt Factory," an unincorporated town hear Winchester (The Dail), Independent, 1924). William conveyed the Adams Farm property to Samuel Carter ill August 1897 (FCRD 1897:DB 1 17:191/193). It remained in Samuel Carter's possession until December 1899 when he sold it to Emily Carver (FCRD 1899:DB 120:94). Emily Carver's occupation was not listed in the 1900 federal population census, although ller husband, John B. Carver, is listed as a farmer (U.S. Census 1900). Emily retained possession of the property for approximately eight years when it was transferred to her son, Charlcs ,I. "C.,I." Carver, in January 1908 (FCRD 1908:DB 128:571). C.J. Carver and his wife, Carrie, sold the property in June 1917 to Fred M. and Myrtle Clowser (FCRD 1917:DB 140:402). According to county tax data, the 110 ISC Was IlkCly C01lSt1-lletCd ill 1917, likely undo- the ownership of C.,I. and Carrie Carver, or Fred M. and Myrtle Clowser. The Clowsers held the property for less than a year and sold it in September 1917 to Fred M. and Mattic Carver (FCRD 1917:DB 151:415). The next transfer of the property occurred in December 1921 between the County's Special Commissioner and a John B. Carver (FCRD 1921:DB: 148:273). It is unclear whetlie• ,Iohn B. Carver and Fred M. and Mattie Carver were related. John B. Carver died in March 1945 and play have left the property to relatives CJ. and Carrie Carver although no record of this transfer was found (FindAGrave 2016). C.J. and Carrie Carver sold the Adanls Farm property to M. Carl Strickler, a farm laborer, in January 1946 (FCRD 1946: DB 195:270). He and his wife, Sylvia, retained possession of the property until February 1954 when they sold it to Linden D. and Goldie Adams (FCRD 1954: DB 230:458). Tile Adams family retained the property Ior 25 years, selling it in April 1979 to Alice, Edward, and .John Haggerty (FCRD 1979: DB 506:373). Land records do not indicate how between 1979 and 2000 the property was transferred back to Goldie L. Adams; however, in May 2000, the property was transferred to "Goldics, LC" in May 2000 (FCRD 2000: DB 966:1 166). It is currently owned by an entity called The Canyon & C/O Dave Holliday Construction, Inc. Department of I lismric Resources Preliminary Information Dorm 4 Rev. January. 2017 11 / 19/2021 Statement of S15lllfic"Ince The Adams Farm at 310 Eddys Lane is located in Frederick County and waS C011sti"LICtCd around 1917 during the ownership of B..1. McDonald. The primary resource is a singlc4amily frame dwelling constructed in a vernacular style with minimal Quecn Anne -style elements. The immediate surrounding area of the property has remained rural and aglricultural with residential growth encroaching to the west and south, separated front the property by dense tree lines. For these reasons, the resource retains a high Icvel of historic integrity Of location, feeling, association, and setting. The primary I-CSOLIi-CC alid associated agl'ICLlltlll-al btl11C1111gS I-Cillalll extailt and in fair to good condition as the Outbuildings have been largely LillUscd and fallen into disrepair, rendering a moderate level of historic integrity Of material, design, and workmanship. Although the farm Is representative of the historic agricultural traditions that Occurred in Winchester and Frederick County, it is not the best representative of this context nor is there an association with events important in the defined historic context. Therefore, the Adams Farm is recommended not eligible for the NRI-ll' under Criterion A. None of the owners or residents of the Adams Farm are known to have achieved significance at the local, state, or national level; consequently, the resource is recommendcd not eligible for listing in the NRHP under Criterion B. The Adams Farm is a local example of a late -nineteenth-century, vernacular larnlhousC with minimal Queen Anne -style elements. The resource features a moderate level of historic integrity, but does not retain high artistic value and does not embody the work of a master. For these reasons, the Adams Farm is recommended not eligible for NRHP listing under Criterion C. The Adams Farm is not likely to yield any new inflormation pertaining to the history of building design or technology, nor of'significant patterns of history Or prehistory in the area. Therefore, it is recommendcd not eligible under Criterion D. In sum, the Adams Farm at 310 Eddys Lane is recommended to retain its eligibility status as not eligible for listing in the NRHP under any criteria, as determined by DHIZ staff in 1992 and 2020. Citations The Duill, Independent [Winchester, Virginia] 1924 Death Claims W.L. McDonald At Home Here. December 3: 1 Find A Grave 2016 .ioil n B Carver, littps:Hwww.findagrave.com/memorial/160197272/john-b-carver, accessed November 2021. Frederick County Register of Deeds (FCRD) n.d. Various Deed Books on File. Misc. years. Frederick County Circuit Court, Frederick, Virginia. United States Federal Population Census (U.S. Census) 1880 Tenth Census ofthe United Slates, 1880. National Archives and Records Administration, Washington, D.C. Electronic database, littl)s://www.aiicesti*y.conl, accessed October 2021. 1900 Twelflh Census ofthe United States, 1900. National Archives and Records Administration, Washington, D.C. Electronic database, https:/hvww.ancestiy.coill, accessed October 2021. 1930 Fifteenth Censers ofthe United Slates, 1930. National Archives and Records Administration, Washington, D.C. Electronic database, littl)s://www.anccsti-y.coill, accessed October 2021. Dchartmem of I listoric Rcsourccs 111-clinuna y Information Dorm 5 Rev. anuary 2017 11 /19/2021 5. Property OR'nershlp (Check as main' categories as appl),): Private: 1 Public\I,Ocal Public\State Public\I ederaI Current Legal Owner(s) of the Property (If the property has more than one owner, please list each below or on an additional sheet.) name/title: organization: Canyon LC & Dave I Iolliday INC street & number: 420 \C/ lubal l,*arly Dr STE, 103 city or town: Winchesterstate: VA zip cock: 26601 e-mail: telephone: (5,10) 667-2120 Legal Owner's Signature: ° ° Signature required for proccssh»( all applications. ° Date: In the event of corporate ownership you must provide the name and title of the appropriate contact person. Contact person: DaN•time "Telephone: Applicant Information (Individual completing Corm if other than legal owner of property') name/title: _Jonathan Valalik '\rchitectural I lititory field Director Architectural Historian organization: Dovetail Cultural Resource Group street & number: 11905 Bowman Drive Ste. 502 city or town: Fredericicsbury state: V A zip code: 22,108 e-mail: ivalalik t dovetailcrg.com telephone: 5,10-899-9170 6. Notification In some circumstances, it may be necessary for DI IR to confer with or notify local officials of proposed listings of properties within their jurisdiction. In the following space, please provide the contact information for the local County Administrator, City Manager, and/or'1'own Manager name/title: locality: street & number: ctt}r or town: _ telephone Department of I listoric Resources state: zip code: Preliminary Information Dorm 6 Rc�. lanuar� 2017 11 /19/2021 Barn i i Agricultural Building Chicken Coop i i i d a Shed i Chicken Coop/ Poultry House i i Adams Farm House, 310 Eddys Lane Pond Photo Key N 034-0397, Adams Farm 310 Eddys Lane Winchester, Virginia Dovetail Cultural Resource Group November 2021 Not to Scale MU", age:"-- - �•t -per. �3��.��. _�� �r�w -. " _ L [� 'I-, Photo 7: #034-0397, 310 Eddys Lane House Looking North (October 2021). Photo 8: #034-0397, 310 Eddys Lane Barn Looking West (October 2021). lAd ''but lip 4 1 L,41A, I - .,LfA ---MENEM o4v fl Photo 11: #034-0397, 310 Eddys Lane Shed Looking Northeast (October 2021). Photo 12: #034-0397, 310 Eddys Lane Chicken Coop Looking East (October 2021). r - i I Photo 13: #034-0397, 310 Eddys Lane Chicken Coop Looking Northwest (October 2021). Photo 14: #034-0397, 310 Eddys Lane Poultry House Looking North (October 2021). Photo 15: #034-0397, 310 Eddys Lane Poultry House Looking West (October 2021). Photo 16: #034-0397, 310 Eddys Lane Agricultural Outbuilding Looking Northwest (October 2021). Photo 17: #034-0397, 310 Eddys Lane Agricultural Outbuilding Looking Southwest (October 2021). Photo 18: #034-0397, 310 Eddys Lane Agricultural Outbuilding Looking Southwest (October 2021). Photo 19: =034-0397, 310 Eddys Lane Agricultural Outbuilding Looking East (October 2021). Photo 20: #034-0397, 310 Eddys Lane Pond Looking Southwest (October 2021). COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 December 10, 2015 Mr. Patrick Sowers Pennoni Associates 1 l7 East Piccadilly St. Winchester, VA 22601 RE: REZONING #06-15 OPEQUON CROSSING PIN: 55-A-210, 212, and 212A Dear Patrick: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on December 9, 2015. The above -referenced application was approved to revise proffers associated with Rezoning 04-07 and Rezoning #12-07. This revision related specifically to the monetary transportation credits. The properties are located south of the existing terminus of Eddys Lane (Route 820) south of Route 7 and adjacent to Opequon Creek in the Red Bud Magisterial District. The proffer statement, originally dated May 29, 2015, with final revision date of November 20, 2015, reflects the approved proffers. The proffers were 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. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not liesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, ,Tohn A. Bishop, AICP Deputy Director Transportation JAB/pd Attaclunent cc: Blain P. Dunn, Supervisor Red Bud District Christopher Molin and Charles Dunlap, Red Bud District Planning Commissioners Jane Anderson, Real Estate Ellen Murphy, Commissioner of Revenue David Holliday, 420 Jubal Early Dr., Suite 103, Winchester, VA 22601 Rod Williams, County Attorney w/Proffer and Resolution 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 REZONING APPLICATION #06-15 OPEQUON CROSSING Staff Report for the Planning Commission Prepared: October 23, 2015 Staff Contacts: John Bishop, AICP, Deputy Director -Transportation Reviewed Action PlanniIlg Commission: 1 1/04/15 Pending Board of Supervisors: 12/09/15 Pending PROPOSAL: To modify proffers On 177.71 acres consisting of two developments previously known as the Haggerty Rezoning and the Opequon Crossing rezoning, now collectively known as Opequon Crossing. The proffer revision seeks to implement policy enabling credits for proffered transportation Improvements. LOCATION: The site is located SOUth Of the eXlSting tei'illlilUS Of LddyS Lane (Route 820) and South of Route 7 adjacent to Opequon Creek and the Opcquon Water Reclamation Facility. EXECUTIVE SUMMARY FOR THE 11/04/2015 PLANNING COMMISSION MEETING: The Opequon Crossing proffer modification request is seeking to establish credit values reflective of the extensive transportation improvements previously proffered with the Haggerty property (Rezoning 04-05, and its revision 904-07) and the Opequon Crossing (Rezoning 1112-07) rezoning applications. In 2014, the Board Of Supervisors adopted policy to allow for the value of proffered tl'allsportation improvements that are Over and above what Is needed to mitigate the impacts of the development to be taken as a credit against the projected capital facility impacts for the development. This proffer revision is the first application to seek to utili-r_e this transportation credit. Staff has reviewed the credit proposal submitted by the applicant and attached to this package and believes the values claimed are reasonable. If the credits are applied as presented, the applicant has Submitted a prorru revision which provides for capital facility impact mitigation contriblltiOnS Of $16,031 for each Single Family Detached Unit, and contribUtlOnS Of $10,032 for each Single Family Attached unit. Staff recommends that the Planning Commission Fully understand the transportation credits, and agree on the valuations, pi'IOl' to forwarding a recommendation to the Board Of Supervisors on this proffer revision application. Following the required public hearing, a reClI1n111ewlatioll re ardillk, this' rezo11111g applicatioll to the Board of Supe1'VISors would be appropriate The applicant sholllrl be prepared to arl(-,gaatel), rlrldrevs all concerns raised by the Plminhig, Co11n11i.yW011. Rezoning #06-15 Opequon Crossing October 23, 2015 Page 2 This report is prepared by the Frederick Collllty Planning Staff to provide information to the Planning Co/N/nkvsion and the Board of Supervisory to assivt them in making a decib•ion on this !!/Jp/1L'allo/l. 11 /11111) !1/SO he 1{,SG'fid to othery interested in thlS zoning matter. Unresolved is.Slles concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 1 1/04/15 Pending Board of Supervisors: 12/09/15 Pending PROPOSAL: To modify proffers on 177.71 acres consisting of two developments previously known as the Haggerty Rezoning and the Opequon Crossing rezoning, now collectively known as Opequon Crossing. LOCATION: The site is located south of the existing terminus of Eddys Lane (Route 820) and South of Route 7 adjacent to Opequon Creek and the Opcquon Water Reclamation Facility. MAGISTERIAL DISTRICT: Redbud PROPERTY Ill NUMBER(S): 55-A-210, 212, and 212A PROPERTY ZONING: 131 (Neighborhood BLISiness) District, RP (Residential Performance) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential/Agricultural South: RA (Rural Areas) Use: Residential/Agl'iCUltUral East: FWSA/Clarke County Use: Agl'ICLiltL1l'al/Govei-ilnlent West: RP (Residential Performance) Use: Residential PROPOSED USES: Mixed residential Uses with a small commercial Component. REVIEW EVALUATIONS: Vii'14inia Department of Transportation: Please see attached e-mail from Lloyd Ingram dated July 31, 2015. Frederick County Attorney: Please sec attached letterfi•o/u Rod Williams dated August 17, 2015. PlanninjZ & ZOnlnf?: 1) Site History This area lvas designated as RA (Rural Areas) DIStl'ICt Upon adoption of all amendment to the Frederick COU11ty Zoning Ordinance on May 10, 1989. The Haggerty Rezoning 1106-15 Opequon Crossing October 23, 2015 Page 3 portion of this rezoning Was rezoned to RP (Residential Perflormance) as part of Rezoning #14-04 on January 19, 2005 and subsequently had proffer modifications on July 25, 2007, and November 18, 2009. The B 1 (Neighborhood Business) commercial component was added in the November 2009 modification. The Opcquon Crossing property was rezoned to RP (Residential Performance) in 2009 as part of Rezoning ii 12-07. 2) Comprehensive Polley Plan The Frederick County Comprehensive Policy Plan is an Official public document that serves as the corllnlunity's guide for making decisions regarding development, preservation, public facilities and other key components Of community life. Tile primary goal of this plait IS to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land U.se The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The UDA defines the general area in which more intensive forms of residential deVelOplllCllt Will occur. In addition, the Opequon Crossing property is located within the Senseny/Eastern Frederick Urban Area Plan. This land use plan calls for the property 11I1CIel' consideration to be residential in nature. Transportatial The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development Should provide for the right-of-ways necessary to implement planned Toad improvements and new roads shown on the Toad plan should be constl'ucted by the developer when warrantee) by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of' the plan. This propertj, is significantly impacted by the Route 37 corridor as acknoWe(lged in previous versions of this rezoning. 3) Potential Impacts Fiscal Impacts The fiscal impact of the C1.II'1'Cilt 1)1'oposed modification Is limited to the an1011llt of the credits being requested by the applicant which total $2,094,423.00. Staff addl'esses these crellils (lil'L'C/1}, in (11C .Staf[Conclusions suinl111 lY. 4) Proffer Statement — Dated October 20, 2015 The Opequon Crossing proffer modification request is seeking proffer credit for regional Rezoning 1106-15 Opequon Crossing October 23, 2015 Page 4 transportation improvements per the Board Of SIII)CI'VISOI'S aCt1011 Of' .lallUary 8, 2014 which allows 101' the VaIIIC Of proffered tral1Sp01'tatioll Illlprovemcnts that are over and above what Is heeded to mitigate the impacts Of the development to be taken as a credit against the monetary proffers for the development. The applicant is seeking credits in the following amounts: 1. Route 37 Right-of-way $600,000.00 2. Haggerty Blvd location to suit future Rt. 37 on/Off ramps $687,090.00 3. Route 7 Eastbound Left Turn Lane $ 50,266.80 4. New Route 7 Pavement $308,806.32 Demolition orExisting Route 7 Pavement $ 56,908.80 5. Maintenance Of Traffic $250,000.00 6. Relocation of force mains $121,352.00 Total Transportation Credit Value $2,094,423.00 Per Unit Value (based upon 574 dwelling units) $ 3,648.00 Additional proffer modifications are as follows: 1. Reduction of maximum dwelling units from the currently approved 625 to 574. A reduction of 51 units. All reduced units are single family attached. 2. Removal of the right-of-way dedication o1' the cast -west collector road previously planned to go to Valley Mill Road. 3. Removal of section of Haggerty Blvd extending south to the 1)1'01)CI'ty line within the Route 37 right-of-way area. 4. Addition of the ability to use Transfer of Development Rights as an option to the monetary proffers. SUMMARY FOR THE 11/04/15 PLANNING COMMISSION MEETING: For a starting point the developments, which were approved under cliffierent versions of the Development Impact Model (DIM) would need to be updated to the Current proffer model. Existing proffer amounts for the I-Iaggerty portion of this rezoning is $10,21 1.00 for detached residential and $8,051.00 for attached residential. Existing proffer amounts for the original Opequon Crossing rezoning are $26,664.00 for detached residential and $18,441.00 for attached residential. The current Development Impact Model (DIM) projects capital facility impacts of $19,583.00 for detached residential and $13,437.00 for attached residential. This is the amOullt that would be applied as a starting point, before credits, for the entire development. Regarding the credits themselves: 1. Route 37 Right-of-way and Road Efficiency buffer $600,000.00 The applicant has applied the potential development Of by right lot Values for the underlying RA values from before the property was rezoned to RP. This appears to be a reasonable valuation. 0 0 Rezoning 1106-15 Opequon Crossing October 23, 2015 Page 5 2. Cut/Fill Haggerty Blvd alignment with future Route 37 Interchange $687,090.00 The applicant has outlined the difTcl'CI1CC in cut and fill requirements for Haggerty Blvd itself, based upon the requirement to Route 7 across front the future Route 37 interchange as opposed to the `path of least resistance'. 3. Eastbound Route 7 Left Turn Lane $ 50,266.80 This turn lane is for eastbound t'afFIC wishing to enter future Route 37. 4. New Route 7 Pavement $328,806.32 Demolition of Existing Route 7 Pavement $ 56,908.80 This item is related to item 2. If Haggerty were brought to a different IOCatioll instead of'the filture Route 37 interchange, the overlay required on Route 7 would be significantly less. 5. Maintenance of Traffic $250,000.00 Also related to items 2 and 4, the location of Haggerty at Route 37 requires significantly more work to Route 7, which leads to additional maintenance of traffic costs during C011Stl'11Ct1011. 6. Relocation of Existing Force Mains $121,352.00 Related to items 2, 4 and 5. The additional cuts rcquircd to place Haggerty at the Route 37 interchange triggers relocation of existing force mains. Regarding the additional proffer modifications. I. Reduction of'nlaxinlunl dwelling units. Staff has no concerns. 2. Removal of the right-of-way dedication of the cast -west collector road. Staff has no eorreerrrs. In Sllmnlary, The Opequon Crossing proffer modification request is seeking to establish credit values reflective of the extensive transportation improvements previously proffered with the I-laggerty property (Rezoning # 14-05, and its revision #04-07) and the Opequon Crossing (Rezoning M-07) rezoning applications. Ill 2014, the Board of Supervisors adopted policy to allow for the value Of proffered transportation improvements that are over and above what is needed to mitigate the impacts of the development to be taken as a credit against the projected capital facility impacts for the development. This proffer revision is the first application to seek to utilize this transportation credit. • 1] Rezoning #06-15 Opequon Crossing October 23, 2015 Page 6 Staff has reviewed the credit proposal Submitted by the applicant and attached t0 this package and believes the values claimed are reasonable. If the credits are applied as presented, the applicant has submitted a proffer revision which provides the following contributions to address the capital facility impacts: Single Family Detached Slllgle Family Attached Tire and Rescue $446 $298 General Government $1,1 18 $770 Public Safety $0 $0 Library $360 $248 Parks and Recreation $0 $0 Schools $14,108 $8,716 TOTAL $16,031 $10,032 Staff rccoI1 mends that the Planning COI111111SSiOn fully Understand the transportation Credits, and agree on the valuations, prior to forwarding a reco11 menclatlon t0 the Board Of SIII)Ci'VISOI'S On this proffer revision application. Following the required public hearing, a reconllileilll(lti0il regar( iliQ this re7,ollillA, applicatioll to the Board of Supervisors would be appropriate. The applic(iiit should be pi'ep(li•ed to (lllequately address all concerns raised by the Planning Coliliilissioll. REZ#06 - 15 .�� t•ta y •fRRYVILIE n Crossing g 1590 � VI ALLE MILL RD PINS: III INILLRC "•`-•i""�t�i.. J 55-A-210,55-A-212,55-A-212A EDDYSLNIt4,1'" S EDOYSLN.� Proffer Amendment 94 >• LEY 1496 115 � 1�7 EDOYS•LN MfIL RD MILL VALLEY EppYSLN`�ISI MnL ao EDDYSLN 1494 E �.1 VALLEY i MILE RD 4� .> Y VALLEY i�jii`t�'R 1494� a • T i •M ILL RD �•(r`�` �►. a�. vattrr, u �. 3108 1 MILL RD•EDDYS IN } •E VALLdERRY.VILIE 1 i" ► IRE 1 ' •�-�Ln. � MIURD �4 � "'� TONEA EDGY IN ?IA DR 3I0 EDDYSLN )IA DR r Jtl EDOY LN w�►0¢.1. n9 ' THOM/SON Ci Df ISON C'I • ItJ CLARKE THOMIS`N C7 102 301 COUNTY 6HWEATH.,Ci, EDDYS IN I0�6 C -- WYO RD lIEAVIRGINIA TH Ci NEATN Ci Crj.Oi�R- 401 IUD �IJJ ,N CANYON RD �AUIEE AULEE Ci RYIDR � /1 �` ��� • • • 'N 1l •02~ ` • •AULEE Ci !jy, *207 Ci `j4�1 GANY RD�- .�•EMCATM L f, HEATH + CANrYON RD . A109� 2.' i�i� ,•� R�IMlR!;SE IL �( •NEATN`^7� tY' 107 g APDllcalans Parcels -�•� Future Rt 37 Bypass i;.f Building Footprints 81 (Business. Neighborhood District) B2 (Business. General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) 4W HE (Higher Education District) M1 (industrial, Light District) M2 (Industrial. General District) 40 MH1 (Mobile Home Community District) 4W MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) .• � Vl�l[r NII RD + Note: REZ # 06 15 Frederick County Dept of uon Crossing Planning 8Developments p a g IN Kent St PINS. Suite 202 'r5 - A - 210.55 - A - 212, 55 - A - 212A Winchester, VA 22601 Proffer Amendment 540 - 665 - 5651 Map Created: September 14, 2015 Staff: jbishop 0 475 950 1,900 Feet R EZ # 06 - 15 Opequon Crossing PINS: 55-A-210,55-A-212,55-A-212A Proffer Amendment MRL Rp M —lqM A- .1 1494 yL � 1 � VALEY, MILL RDi • A 2Q Tl� Los` 4OMPS INCHYIMONCT oN iH Rpw IN ISON gf 102 ?`�p V+ 106=.103�. 433^ -408 HEATH CT .. _ • HEATH CT YON'RO CANYON Ry�i102 » N 113 =CANYON RD IOS�'AULEE CT �AUIfE CT /OR w4 •T��.t IIAY I A� �, �02~ •: V AULEE�CT LNG M HEATH CT �pR t17 yIOjR •��34IC.CANY'NRD BEM�ATH CT MEATHICT CANYON RD 109�,� 'INIROSE /l' n]f 'HEA iH:CT, t t , .� I07 Yiis�T 11'. 4 d NOREOIK• PANGEORNE CT • �HEAIH Ci A4�� 7 209 fi- L4�J71� ALPINE r'IOj „'D'ACANYON RD MEADOW RD �. ►Y '_ . IIL CANYON )RD y. • • ly NORFC KCK. /A. �.I06 ' 4 1114 y1r .._ ILL - sI WW. i4 CANYON RD- WHIPP OR�. -312 1. K � � 109 -WHIP _P�LM WHII� DR�It tollb*� CANYO! r4 I I VAN_YON RD '� 210r1 w� rLfSE•/� }CANYON RD • I:COMBEOR v.JV` CANYON RD 3� 171 f Y t�'a _.�„�,I,0ZI `CANYONI 11 hCA-YON RD ,4A t 1WHIPPDR`I03 ►�rT 4 CANYON ID �.� 209 SENSEIVY•A + 1 1ir P SENSEMWU ;GLEN•pR� ,vJr�i�300� W RD 13iu GLEN DR& A'� ,�II CANYON RD 12.t: ;NYO V.RD.]io •j j! •t is d 0� ON ROA 1rNSENY J ► Y-v_U04� COMlEDRT YGLEN'OR 1496 T !_1 VALLEY EDDYS MILL RD f 1494 " VALLEY ' rt'• •Mlll RD ALLEYt l VOW •A � � r .R� � 2737.,•,,Y' SENSENY RD IA► v�RG1n �� Yui[rruRo + 8 8r 0•a I& N • 0 PROPOSED PROFFER STATEMENT REZONING: RZ. # Residential Performance (RP) to Residential Performance (RP) PROPERTY: 174.98 +/- Tax Map Parcel 55-A-210, 212, & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Opcquon Crossing ORIGINAL DATE OF PROFFERS: May 29, 2015 REVISION DATE(S): September 2, 2015; October 20, 2015 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made or submitted, prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as the rezoning which is in effect on the clay 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 1nClUding the improvement or other proffered requirement, unless otherwise specified herein. The terns "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Opequon Crossing" dated May 29, 2015 and revised August 19, 2015 (the "GDP"), and shall include the following: Page 1 o f 8 1. LAND USE 1.1 No more than 574 dwelling units shall be constructed on the property. A nlinimunl of 215 dwelling Units constructed on the property shall be single family detached dwellings. Multi -family dwelling Units shall be prohibited. 1.2 The project shall be constructed in substantial conformance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. 2. PARKS AND RECREATION: 2.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 250`' building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-402.08 of the Frederick County Code. The recreation building shall be an enclosed clubhouse with a nlinill11.1111 Finished floor area Of 3,000 square feet. Additionally, the Applicant shall construct a neighborhood swimming pool Or pools With a minirriu 1 Water SUr1acc area of 3,500 square feet. The swimming pool(s) shall be constructed C011CUrrC11t With COnStrUCtlOn Of the recreation building and shall be permitted to count towards the recreation requirements for the Property as required by the Frederick County Zoning Ordinance. Other recreation amenities shall be further defined at time of Master Development Plan. 2.2 The recreation building and swimming pool(s) provided for by Proffer 2.1 shall be owned and maintained by the homeowners association ("I-IOA") for the Property. 2.3 A trail System utilizing a 10' wide asphalt surface shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail system shall be provided, at nlinurlurll, in the areas depicted on the GDP. The I-IOA shall be responsible for the ownership and maintenance of the trail system. Public access easements shall be provided for the trail system to allow use of the trail system to the general public. 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County the Sum of $446 per single family detached dwelling unit for fire and rescue purposes, payable upon the issuance of a certificate Of occupancy for each single family detached unit. Page 2 of 8 32 The Applicant shall contribute to the County the sum of $298 per single family attached dwelling twit for lire and rescue purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 4. SCHOOL CONSTRUCTION: 4.1 The Applicant shall contribute to the County the Sum of $14,108 per single family detached dwelling unit for School purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 4.2 The Applicant shall contribute to the County the sum of $8,716 per single family attached dwelling unit for School purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 5. LIBRARY: 5.1 The Applicant shall contribute to the County the sum of $360 per single family detached dwelling unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 5.2 The Applicant shall contribute to the County the Sum of $248 per single family attached dwelling unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 6. GENERAL GOVERNMENT: 6.1 The Applicant shall contribute to the County the SUM of $1,118 per single family detached dwelling unit for general government purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 6.2 The Applicant shall contribute to the County the sum of $770 per single family attached dwelling unit for general government purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 7. CREATION OF HOMEOWNERS' ASSOCIATION: 7.1 The residential development shall be made subject to an I-IOA that shall be responsible for the ownership, maintenance and repair of all common areas, including but not limited to the recreation building and associated Swimming pool(s), excluding any areas that may be dedicated to Frederick Page 3 of 8 • 0 County (the "County") or other public entities. For each area subject to their jurisdiction, the I-IOA shall be granted such responsibilities, duties and powers as are customary for such associations or as may be required for such I-IOA herein. 7.2 In addition to such other duties and responsibilities as may be assigned, the I-IOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use including stormwater management facilities, (ii) common buffer areas located outside of residential lots; (iii) establishing and managing a common solid waste disposal program; (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the I-IOA if platted within residential or other lots, or otherwise granted to the I-IOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 7.3 The Applicants hereby proffer to establish a start-up fund for the Opequon Crossing Homeowner's Association (OCI-IOA) that will include an initial lump sum payment of $2,500.00 by the Applicant prior to issuance of the first certificate of occupancy for any dwelling constructed on the Property and an additional payment of $100.00 by the homeowners at the initial closing for each platted lot purchased within the Opequon Crossing community. Language will be incorporated into the OCI-IOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the OCI-IOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCI-IOA. The start-up funds for the OCI-IOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or other operating expenses and/or capital expenses of the OCHOA. 8. WATER & SEWER: 8.1 The Applicant shall be responsible Ior 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"). 8.2 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 st building permit is issued. (See 1 on GDP) Page 4 o l' 8 0 0 8.3 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. 9. TRANSPORTATION: 9.1 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. 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 B on the GDP. The North -South collector road shall generally run along 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 Consistent with existing approved plans for the North -South collector road. 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. The Applicant reserves the right to request for partial funding for the construction of the collector road and VA Route 7 improvements through revenue sharing or other programs as may be available through VDOT and/or Frederick County. 9.2 The Applicant shall install those improvements necessary to complete the cross -over at the Intersection of the "spine" collector road and VA Route 7. No building permits shall be issued for any dwelling units located on the Property until Such trine that the following Improvements are Constructed at VA Route 7 and the "spine" collector road: signalization, Westbound lanes (1 left, 2 thru), Eastbound lanes (1 right, 2 thru), Northbound lanes (1 left, 1 right). 9.3 The Applicant shall construct an entrance on 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. As part of these improvements, the Applicant shall remove the existing Route 7 median crossing and the existing Route 7 entrance to the Opequon Regional Wastewater Facility. 9.4 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 shall dedicate the right of way, 250 feet in width, for VA Route 37 across the Property, at no cost to the County, within 90 days of request by the County. Page 5 of 8 9.5 The Applicant shall construct a single east -west road crossing of the right of way for VA Route 37. Said road shall be designed to accommodate the future Route 37 fly -over bridges. 9.6 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 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 discussions with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. 9.7 Direct lot access to the "spine" collector road shall be prohibited. 9.8 The Applicant shall dedicate sufficient right of way and construct Eddys Lane to VDOT requirements front the north Property boundary to the south Property boundary as depicted on the GDP from Point C to Point D. Said connection shall be made prior to issuance of the 350"' building permit. 9.9 The Applicant shall provide a reserve area that is a maximum of 56 feet in width for a potential future connection between the Property and the adjacent Fieldstone Development to the West. It is expressly understood by the Applicant that approved plans for the Fieldstone Development include no provisions for an interparcel connector and use of the potential interparcel connection area would be at the discretion of' the owners of the Fieldstone Development. Within 90 clays of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in conformance with the location depicted on the GDP. (See 2 on GDP) 10. HISTORIC RESOURCES: 10.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form fi•orn the Department of' Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. 10.2 The Applicant shall provide a landscape screen along the Northern Property boundary in the location identified as "Double Row of Evergreen Trees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 feet in width utilizing a double row of evergreen trees that are a minimum 4 feet In height at time of planting with a miniIllum 3 trees provided per 10 linear feet. Said improvements shall be bonded or installed Page 6 of 8 0 • prior to issuance of a certificate of occupancy for any dwellings within the vicinity of the proposed landscape screen. (See 3 on the GDP) 11. OPTION FOR USE OF TRANSFER OF DEVELOPMENT RIGHT ORDINANCE 11.1 In lieu of the per unit monetary contributions as provided above, the Applicant may utilize the Frederick County Transfer of Development Rights (TDR) program pursuant to Section 165-301 of the Frederick County Zoning Ordinance (the "TDR Ordinance") to provide for development of any/all of the proposed dwelling units for the subject Property. No monetary proffer shall be required for any dwelling unit constructed utilizing the TDR Ordinance, but all remaining proffered commitments, shall remain applicable to such dwelling units. 12. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: 12.1 Any portion of the Property may hereafter be dedicated for public purposes (or otherwise conveyed to a public entity) and such portion so dedicated shall, upon such dedication, be excluded fi•om the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the frill force and effect of these prolTers. 13 ESCALATOR FOR MONETARY PROFFERS: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval of this rezoning, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of'6% per year, non -compounded. SIGNATURE(S) APPEAR ON TI-IE FOLLOWING PAGE(S) Page 7 of 8 9 • Respectfully submitted, The Canyon, LC By: Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instniment was acknowledged before me this�Aay of Q�W , 2015, by �C� SOGu�7Qs —�--; My commission expires: 1311d old' Notary Public ;o,rc - COMM! EXPM S 3.'. 5/31/2018 0. �'��, Fq i r H •oF �,.�, Page 8 of 8 BLUE RIDGE MHI \ / i -" � -,/ / z VALLEY / MILL W PROPOSED -- 13R, ENTRANCE ROAD DOUBL ROW OF y ^l) FOR WWTP EVERGREEN TREES FWSA UON OPE © <c�OJ 00 000 00000ae000aoo 000000a000 ' ' - - PROPOSED Q i � SPINE' ROAD WWTP EDDYS LANE CONNECTION � wwsar ooMer� HIKER/ ABIKER HIKER/ / TRAIL i BIKER TRAIL \ PROPOSED / ` _ REC CENTER IKER/ / BIKER TRAIL OPEN SPACE CONNECTION WITH TWIN LAKES PROPERTY l TWIN LAKES LANDSCAPE SCREEN PU a o GENERALIZED DEVELOPMENT PLAN PENNONI ASSOCIATES INC. 117 E Wi0 St Winchester, Virginia 22601 s s i n O e u o n Crossing P q 9 VOICE: (540) 667-2139 FAX: (540) 665-0493 DATE: 5/29/15 REV: 8/19/15 SCALE: 1 " = 700' ! 0 PROPOSEll PROFFER STATEMENT REZONING: RZ. 9 Residential Performance (RP) to Residential Performance (RP) PROPERTY: 174.98 +/- Tax Map Parcel 55-A-210, 212, & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Opcquon Crossing ORIGINAL DATE OF PROFFERS: May 29, 2015 REVISION DATE(S): September 2, 2015, October 20, 2015 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made or submitted, prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of' the Property with "final rezoning" defined as the rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to SUbmit development plans Until such contest Is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and Shall not control or affect the meaning or be taken as an Interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including tine improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and Successors in interest. When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Opequon Crossing" dated May 29, 2015 and revised August 19, 2015 (the "GDP"), and shall include the following: Page 1 of' 8 1. LAND USE 1.1 No more than 574 dwelling units shall be constructed on the property. A n1i11in1L1111 of' 215 dwelling units Constructed on the property shall be single family detached dwelling. Multi -family dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial conformance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. 2. PARKS AND RECREATION: 2.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to Issuance of the 250°i building permit and shall COLInt towards and comply with the recreation Unit requirement for the Property as specified by Section 165-402.08 of the Frederick County Code. The recreation building shall be an enclosed Clubhouse with a nlininitim finished floor area of 3,000 square feet. Additionally, the Applicant shall construct a neighborhood swimming pool or pools with a minimum water surface area of 3,500 square feet. The swimming pool(s) shall be constructed Concurrent with construction of the recreation building and shall be permitted to COLInt towards the recreation requirements for the Property as required by the Frederick County Zoning Ordinance. Other recreation amenities shall be further defined at time of Master Development Plan. 2.2 The—Ap l-i , i ;ha!! contribute to-flie-County the :sum of'$1,361—peisingle f.,,n,,,ily dtiti ed unit r,". „ruks put-peses, pa3,t+bl-e-upen the issuanee „ r " e e i-t i l ate o f' o Lm i t. 2.3 The pj:�t- hall-eont4btil tt>--he C etnit�Ltltc3- Lttll-ef=`%` `�7-1�er s+ngle 4nii43---a+t-ac-hed-uni pthe issuame oil`aeei-tifi--ate single f"I"! ehed alit. 2.42 The recreation building and swimming pool(s) provided for by Proffer 2.1 shall be owned and maintained by the homeowners association ("I-IOA") for the Property. 2.53 A trail system utilizing a 10' wide asphalt surface shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail system shall be provided, at 1111n1111L1111, in the areas depicted on the GDP. The I-IOA shall be responsible for the ownership and maintenance of the trail system. Public access easements shall be provided for the trail system to allow use of the trail system to the general public. Page 2 of 8 • 0 3. PIRE & RESCUE: 3.1 The Applicant shall contribute to the County the sum of $40-9-446 per single family detached CIWClling unit for fire and rescue purposes, payable upon the issuance of a certificate Of occupancy for each single family detached unit. 3.2 The Applicant shall contribute to the County the sum of $2-5-9-298 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 4. SCHOOL CONSTRUCTION: 4.1 The Applicant shall contribute to the County the sum Of' $44 5-9414,108 per single family detached dwelling unit for school puI-poscs, payable upon the ISSUancc of a certificate Of OCCllpancy for each single family detached Unit. 4.2 The Applicant shall contribute to the County the sum of $6,694 8,716 per single family attached dwelling unit for school purposes, payable upon the issuance of a certificate Of occupancy for each single family attached unit. 5. LIBRARY: 5.1 The Applicant shall contribute to the County the sum of $3-3-1--360 per single family detached dwelling Unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 5.2 The Applicant shall contribute to the County the sum of $24-6-248 per single Family attached dwelling unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 6. GENERAL GOVERNMENT: 6.1 The Applicant shall contribute to the Cowlty the sum Of' $4-,02-71,1 18 per single family detached dwelling unit for general government purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 6.2 The Applicant shall contribute to the County the sum of $669-770 per single family attached dwelling unit for general government purposes, payable Page 3 of 8 Upon the issuance of a certificate Of' occupancy for each single family attached Unit. 7. CREATION OF HOMEOWNERS' ASSOCIATION: 7.1 The residential development shall be made subject to an I-IOA that shall be responsible for the ownership, maintenance and repair Of all common areas, including but not limited to the recreation building and associated swimming pOOI(S), CXCILIding any areas that may be dedicated to Frederick County (the "County") or other public entities. For each area subject to their jurisdiction, the I-IOA shall be granted such responsibilities, duties and powers as are customary for such associations or as may be required for such FIOA herein. 7.2 In addition to such other duties and responsibilities as may be assigned, the I-IOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use including stormwater management facilities, (ii) common buffer areas located outside of residential lots; (iii) establishing and managing a common solid waste disposal program; (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within Casements to be granted to the I-IOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 7.3 The Applicants hereby proffer to establish a start-up fund for the Opequon Crossing Homeowner's Association (OCI-IOA) that will include an initial lump sum payment Of $2,500.00 by the Applicant prior to issuance of the first certificate Of' occupancy for any dwelling constructed on the Property and an additional payment of $100.00 by the homeowners at the initial closing for each platted lot purchased within the Opequon Crossing community. Language will be incorporated into the OCI-IOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the OCHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCI-IOA. The start-up funds for the OCI-IOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or other operating expenses and/or capital expenses of the OCI-IOA. 8. WATER & SEWER: 8.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for Constructing all facilities requirccl for such connection. All water and sewer infrastructure shall be constructed in Page 4 of 8 0 • accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA"). 8.2 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 101st building permit is issued. (See 1 on GDP) 8.3 The Applicant shall provide needed lands and casements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. 9. TRANSPORTATION: 9.1 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. 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 Q on the GDP. The North -South collector road shall generally run along 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 consistent with existing approved plans for the North -South collector road. 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. The Applicant reserves the right to request for partial funding for the construction of the collector road and VA Route 7 improvements through revenue sharing or other programs as may be available through VDO`I' and/or Frederick County. 9.2 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7. No building permits shall be issued for any dwelling units located on the Property until such time that the following improvements are constructed at VA Route 7 and the "spine" Collector road: signalization, Westbound lanes (I left, 2 thru), Eastbound lanes (1 right, 2 thru), Northbound lanes (1 left, 1 right). 9.3 The Applicant shall Construct an entrance on 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. As part of these improvements, the Applicant shall remove the existing Route 7 median crossing and the existing Route 7 entrance to the Opequon Regional Wastewater Facility. Page 5 of 8 • 0 9.4 The right of way for VA Route 37 as identified by County studies and generally shown oil the GDP will be surveyed and platted. The Applicant shall dedicate the right of way, 250 feet in width, for VA Route 37 across the Property, at no cost to the County, within 90 days of request by the County. 9.5 The Applicant shall construct a single east -west road crossing of the right of way for VA Route 37. Said road shall be designed to accommodate the future Route 37 fly -over bridges. 9.6 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 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 discussions with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. 9.7 Direct lot access to the "spine" collector road shall be prohibited. 9.8 The Applicant shall dedicate sufficient right of way and construct Eddys Lane to VDOT requirements from the north Property boundary to the south Property boundary as depicted on the GDP from Point C to Point D. Said connection shall be made prior to issuance of the 350°i building permit. 9.9 The Applicant shall provide a reserve area that is a maximum of 56 feet in width for a potential future connection between the Property and the adjacent Fieldstone Development to the West. It is expressly understood by the Applicant that approved plans for the Fieldstone Development include no provisions for an interparcel connector and use of the potential interparcel connection area would be at the discretion of the owners of the Fieldstone Development. Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in conformance with the location depicted on the GDP. (See 2 on GDP) 10. I-fISTORIC RESOURCES: 10.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form froin the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Page 6 of 8 0 0 Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. 10.2 The Applicant shall provide a landscape screen along the Northern Property boundary in the location identified as "Double Row of Evergreen Trees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 feet in width utilizing a double row of evergreen trees that are a minimum 4 feet In height at time of planting with a minimum 3 trees provided per 10 linear feet. Said improvements shall be bonded or installed prior to issuance of a certificate of occupancy for any dwellings within the vicinity of the proposed landscape screen. (See 3 on the GDP) 11. OPTION FOR USE OF TRANSFER OF DEVELOPMENT RIGHT ORDINANCE 11.1 In lieu of the per unit monetary contributions as provided above, the Applicant may utilize the Frederick County Transfer of Development Rights (TDR) program pursuant to Section 165-301 of the Frederick County Zoning Ordinance (the "TDR Ordinance") to provide for development of any/all of the proposed dwelling units for the subject Property. No monetary proffer shall be required for any dwelling unit constructed utilizing the TDR Ordinance, but all remaining proffered commitments, shall remain applicable to such dwelling units. 12. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: 12.1 Any portion of the Property may hereafter be dedicated for public purposes (or otherwise conveyed to a public entity) and such portion so dedicated shall, upon such dedication, be excluded from the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the full force and effect of these proffers. 13 ESCALATOR FOR MONETARY PROFFERS: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval of this rezoning, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after 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. Page 7of8 SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) Respectfully submitted, The Canyon, LC By: Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: of The foregoing instrument was acknowledged before me this 2015, by My commission expires: Notary Public day Page 8of8 • re.F3�"rePsIIII it G APPROV�II REQUIRED ALIGNMEN�. 1� ALTERNATIVE '�• ROAD ALIGNMENT � cot�r�c1AL (To Ra,* PENNONI ASSOCIATES INC. HAGGERTY BLVD — ALIGNMENT OPTIONS 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 O p e q u o n Crossing DATE: 10/20/15 REV:I i SCALE: 1" = 400' EXHIBIT 2 0 • enno�nf PENNONI ASSOCIATES INC. CONSULTING ENGINEERS October 20, 2015 Mr. John Bishop, AICP Deputy Director, Transportation Frederick County Planning and Development 107 N Kent Street, Suite 202 Winchester, VA 22601 RE: Opequon Crossing Proffer Modification Request —Transportation Credits Dear Mr. Bishop, As a follow up to our recent discussions, please find attached a revised proffer statement and generalized development plan for the proposed proffer amendment for Opequon Crossing in order to apply a transportation credit under the policy adopted by the Board of Supervisors in January of 2014. In addition, please find attached several exhibits and the following background and justification for the application. Background In January of 2014, the Frederick County Board of Supervisors (the "BOS") adopted a policy to allow for transportation proffer credits for rezoning applications in Frederick County (the "County"). This policy allows for the value of proffered transportation improvements that exceed the scope of the improvements necessary to mitigate the impacts of the development to be taken as a credit against the monetary proffers for the project. The dedication of right of way for future Route 37 through Opequon Crossing is an example of an eligible transportation proffer. In addition, we believe that portions of the improvements associated with Haggerty Boulevard, which implements a roadway planned for by the Frederick County Comprehensive Policy Plan (the "Comp Plan"), are eligible for transportation credits. Opequon Crossing is currently approved for up to 625 dwelling units and the residential portions of the project are currently comprised of two separate, but contiguous, rezoning applications including Rezoning #04-07 for the "Haggerty Property" and Rezoning #12-07 for the "Adams Property." For reference, copies of the existing rezoning approvals are attached. The Haggerty Property is permitted for up to 300 dwelling units and the Adams Property is permitted for up to 325 dwelling units. The Haggerty Property was originally rezoned prior to the major overhaul of the County's proffer model in 2005, resulting in a lower monetary proffer compared to the Adams Property. The current per unit monetary proffer amounts, as required by the approved proffers for the Haggerty and Adams properties, is as follows: Table 1. Existing Monetary Proffers Dwelling Type Haggerty (300 du) Adams (325 du) Single Family Detached $10,211 $26,664 Single Family Attached $ 8,051 $18,441 117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493 www.pennoni.com Opequon Crossing October 20, 2015 Transportation Credits Page 2 The current Frederick County Proffer Model identifies the following per unit monetary proffer guidelines: Table 2. Current Frederick County Impact Model Single Family Detached $19,681 Single Family Attached $13,681 Proposed Proffer Amendment In order to utilize the policy for transportation proffer credits, we understand that the project would need to conform to the current County Proffer Model. Accordingly, the proposed proffer statement combines the Haggerty and Adams under a single rezoning application for Opequon Crossing, thereby increasing the Haggerty monetary proffers and decreasing the Adams proffers to be consistent with the County's current proffer model. The monetary proffers reflect a total transportation credit of $2,094,423 for both dedicated right of way and constructed improvements. The applicable transportation credit values are attached as Exhibit 1. In addition, while the current zoning approvals enable up to 625 dwelling units, the proposed proffer statement reduces the maximum number of dwelling units to 574. The resulting per unit transportation credit would be $3,648 and applied to the proffers for single family detached and attached units as depicted by the following tables: Tab_I_e_3. Single Family Detached— Transportation Credit Adjustment Current Model Credit Adjusted Proffer Fire and Rescue $547 ($101) $446 General Government $1,373 ($255) $1,118 Public Safety $0 ($0) $0 Library $442 ($82) $360 Parks and Recreation $1,819 ($1,819) $0 School Construction $15,499 ($1,391) $14,108 TOTAL $19,681 ($3,648) $16,031 Table 4. Single Family Attached— Transportation Credit Adjustment Current Model Credit Adjusted Proffer Fire and Rescue $406 ($108) $298 General Government $1,050 ($280) $770 Public Safety $0 ($0) $0 Library $338 ($90) $248 Parks and Recreation $1,391 ($1,391) $0 School Construction $10,495 ($1,779) $8,716 TOTAL $13,681 ($3,648) $10,032 Opequon Crossing October 20, 2015 Page 3 Transportation Credits The proposed proffer statement for Opequon Crossing includes substantial recreation related proffers including a community clubhouse with a minimum floor area of 3,000 square feet and a swimming pool or pools with a minimum surface area of 3,500 square feet. In addition, the Applicant has proffered to provide for a substantial trail network through the Property which will be owned and maintained by the HOA for Opequon Crossing, but will be open to the public. These proffers ensure that the project will mitigate impacts to recreation uses. In recognition of these significant recreation related proffers provided, the Applicant has elected to apply more of the per unit credit to parks and recreation uses thereby reducing the credits applied to school construction. Justification for Credit Values The following is a summary of the credit values as depicted on attached Exhibit 1 and utilized for the proposed proffer amendment. Route 37 Right of Way and Road Efficiency Buffer: $600,000.00 Opequon Crossing provides for 12.47 acres of right of way for future Route 37. In addition, the road efficiency buffer required by the zoning ordinance further reduces the buildable area of Opequon Crossing by 7.98 acres, when assuming a the reduced distance (80') buffer option. In total, the dedication of the Route 37 Right of Way and road efficiency buffer requirements utilize 20.45 acres of the project. Utilizing the 5 acre density permitted within the RA district, four lots could have developed within the 20.45 acre right of way/buffer area. At a value of $150,000/unit, these four lots result in a transportation credit value of $600,000. Cut/Fill - Haggerty Blvd Alignment with Future Route 37 On/Off Ramps: $687,090.00 Haggerty Boulevard is a planned major collector identified by the Comprehensive Plan that will provide access to the project from Route 7. Opequon Crossing will construct approximately 3,350 feet of Haggerty Boulevard. To implement the long range transportation plans for Frederick County, Haggerty Boulevard is proposed to intersect with Route 7 across from the future on/off ramp for Route 37. In order to provide for a future 4 way intersection between Route 7, Haggerty Boulevard, and the on/off ramps for Route 37, the design and construction of Haggerty Boulevard must deal with challenging topography including more than 8 feet of elevation change between the eastbound and westbound lanes of Route 7 and cuts of nearly 30 feet south of Route 7 as Haggerty Boulevard enters the property. An alternative alignment for Haggerty Blvd could intersect with Route 7 further to the east where existing topography would be more conducive to construction of the roadway and its intersection with Route 7. The two alignment alternatives for Haggerty Boulevard are depicted on attached Exhibit 2. In addition Exhibit 3 and Exhibit 4 depict the road profiles for the two alternatives to identify the reduced cut/fill conditions required under the alternative alignment. The difference in the cut and fill costs between the alignment necessitated by future Route 37 and the alternative alignment would be eligible for a transportation credit with a value of $687,090. Eastbound Route 7 Left Turn Lane: $50,266.80 As discussed previously, the future intersection of Haggerty Boulevard and Route 7 assumes a fourth leg for the Route 37 on/off ramps. The approved road design includes an eastbound left Opequon Crossing October 20, 2015 Page 4 Transportation Credits turn lane for vehicles that will ultimately be turning onto future Route 37. As this improvement is not necessitated by any vehicle trips generated by Opequon Crossing, it is eligible for a transportation credit. The Applicant has applied a conservative value of $50,266.80 for this improvement. New Route 7 Pavement: $328,806.32 Demolition of Existing Route 7 Pavement: $56,908.80 The alignment of Haggerty Boulevard with the future Route 37 ramps require the westbound lanes of Route 7 to be raised by approximately 8 feet. The alternative alignment with a three leg intersection at Route 7 would only require the eastbound lanes to be raised by 1.42 feet. As a result, the portions of Route 7 that would need to be demolished and rebuilt are reduced by more than 83 percent by the alternative layout. Accordingly, the demolition and additional pavement costs necessitated by the alignment of Haggerty Blvd with the future Route 37 ramps are eligible for transportation credits with a combined value of $385,715.17 Maintenance of Traffic: $250,000.00 In order to construct Haggerty Boulevard, as planned and approved, raising the westbound lanes of Route 7 by approximately 8 feet will require phased construction at a considerable costs from a maintenance of traffic standpoint. With 83 percent less fill required on Route 7, the alternative alignment would cost significantly less to implement. The increased costs in the Maintenance of Traffic for the planned alignment for Haggerty Boulevard is eligible for a transportation credit at a value of $250,000.00. Relocation of Existing Force Mains: $121,352.00 The cut required for Haggerty Boulevard at its intersection with Route 7 across from the future Route 37 ramps will require the relocation of 220 LF of existing 10" and 14" force mains. This cost is only required due to the alignment required for Haggerty Boulevard and is eligible for a transportation credit at a value of $121,352.00, consistent with a 2013 bid for completion of Haggerty Boulevard. Total Value of Transportation Credits: $2,094,423 Per Unit Value (574 dwelling units): $3,648 Other Proffer Modifications In addition to the above modifications to the required monetary proffers, in recognition of the plans to re -align Valley Mill Road to the north to a new intersection with Route 7 rather than through Opequon Crossing, the proposed proffer amendment removes the right of way dedication for an East-West collector road through Opequon Crossing. The proposed proffer amendment also removes the section of Haggerty Boulevard which extended into the Route 37 right of way to the southern Property boundary. Long term, the plan would be to provide an interim connection between Route 7 and Senseny Road by extending the spine road through Opequon Crossing October 20, 2015 Page 5 Transportation Credits the adjoining property to the south of Opequon Crossing, known as the Riggleman Property. When the existing proffers for the Haggerty property were approved by the Board as part of a proffer modification in 2007, there was the potential for the extension of Haggerty Boulevard through the Riggleman Property as part of a separate development of that property, which now appears unlikely. The extension of Haggerty Boulevard to the southern property boundary of Opequon Crossing would otherwise be eligible for a transportation credit, but avoiding construction of this portion of roadway would be more beneficial to avoid issues associated with a constructed roadway sitting unused for an unknown period of time until an unfunded, off -site extension can be completed. Lastly, in addition to minor edits and clean up type items associated with merging the two existing proffer statements, the proposed proffer amendment would permit the use of the County's Transfer of Development Rights (TDR) Ordinance as an option to the monetary proffers. The proposed amendments would reduce the overall project lot yield from 625 units to 574 units and ensure that all units within the project are subject to the County's current impact model. The project includes substantial transportation improvements that well exceed the impact of the development itself, which should allow for application of the transportation credit policy as adopted by the Board of Supervisors. This policy and its application at Opequon Crossing helps to ensure that lands within the LIDA are developable and are able to accommodate residential growth in the areas planned for by the Frederick County Comprehensive Plan. If you have any questions or comments, please feel free to contact me at (540) 667-2139. Sincerely, PENNONI ASSOCIATES INC. Patrick Sowers Senior Project Engineer Attachments Route 37 R/W: Route 37 R/W Road Eff. Buffer (80') Cut & Fill: Cut to Fill (SY) Cut to Off site Opeguon Crossing - Transportation Credit Calculations 12.47 Acres 7.98 Acres 20.45 Acres @ 5 acre RA density = Rt 37 Alignment Alt. Alignment 65,144 10,944 41,443 22,737 Route 7 Eastbound Left Turn Lane: Eastbound left turn lane (including 8' shoulder) Route 7 Pavement: Difference Value/CY -54,200 $7.50 -18,706 $15.00 4 potential lots x $150,000/lot $600,000.00 credit Credit $406,500.00 $280,590.00 $687,090.00 credit Section SY Value/SY/1" Credit 12" 21-B 755.56 $2.50 $22,666.80 6" BM-25 400 $9.00 $21,600.00 1.5" SM-12.5D 400 $10.00 $6,000.00 New Rt 7 Rt 37 Alignment Alt. Alignment Pavement SY SY 12" 21-B 6333.33 1064.00 6" BM-25 3800.00 638.40 $50,266.80 credit Difference Value/SY/1" Credit -5269.33 $2.50 $158,079.92 -3161.60 $9.00 $170,726.4_d 0 $328,806 credit Demolition of Existing Rt 7 Pavement: Rt 37 Alignment jAlt. Alignment sv SY Difference Value/SY Credit Demolition of Existing Rt 7 3800.00 638.40 -3161.60 $18.00 $56,908.80 credit Modifications of Existing Forcemains: Lower 220 LF Existing 10" & 14" Forcemain - Not Required with Alt Alignment: 1$121,352.00 credit Maintenance of Traffic: Maintenance of Traffic - Savings due to Reduced fill condition on Route 7: 1$250,000.00 credit Total Transportation Credits $2,094,423.92 Maximum Dwelling Units 574 Per Unit Transportation Credit $3,648.82 EXHIBIT 1 0 a • 0 23.40' Lr FULL S.E. 5ZOO' Lt 104-00' Lr FULL SUPERELEVATION = 4.00% RIGHT 143.06' Lr 143.06' Lr FULL SUPERELEVATION = 4.00% LEFT 104.00' Lr = 0.90% RIGHT w a a o m HIGH POINT ELEV = 587.58 o v, w N n HIGH POINT STA = 117+05.71 iv N N n o mo N PVT STA - 117+50 o n O ¢ N m m m PM ELEV - 598.21 + + + N H a. N n w ,+� a A.D. - -14.00 H N K N o K 44.29 ^ a V = 40 MPH- 620m, VC I 6nC'. n m 445' IN CTI SIGIIT DI u j 590 Gi m _ OF 8JEC Id l -. N -IQTT -. -� 445' NTERS•CTIO SIGH D131 ?G it 580 .. --FINIS1 ED 61 AM T UNE OF S GHT Of EX. GAADE ON ii� i .. PVI STA =. 126+00 �� �i 00. 6 _ _...... - - '-.. ... - .. .___.._. _. PIA ELEV = 530.21 \ A.D. 80 570 K = 37.16 - PR 0 A E ON CL �� HIGH POINT ELEV - 530.66 290.00' VC AIGH POINT STA - 127+97.15 - V.S.D.=203' PM STA 128+00.62 DESIGN SPEED = 30 MPH FOR '^N PIAELEV = 530-84 560 +.i _ APPROACH TO SIGNALIZED A.D. _ -3.46 - $ m INTERSECTION- K = 12.39 - n \ v 42-82' VC .S.D=333 550 rZ o � _ N N� No iE1C �F CT 3.5 ^n EX. Or 14" F/M 11 w -� S � 540 N mm w E 3. % • 1 % w _ - 0 ;530 0 o \ Zz (k.a oQ ' 1 0'D z .m zo520 •D+r+ Y ~ gZo$ 1A� 1 0a <REL .98 + IN. eM u 14" ND 10 II j ��-.> FORC MAW I wm x Q W ia..ar GGG777 z m_ z DATUM ELEP Vl t�Ul W r" xlo 00 n n i p m o N a n m n o u+ m < o ab e Sri 6 m O n T V �i 6 n 6 n n PROPOSED GRADE m N Fv ur1 n N cr N n c`� N r- m 1 m m m m m m m M W tmtpp m m ^m N m N m m m m m m m N m N r N N 1 t` o r h �6 �O N �O e N �G o m N �o m N N N N N d Irl < N < V1 irJ d � rn in M t7 �n M N M N t'1 N M m „o� N N N N N o m o n n e o o N m n d m m m n r -^ppp m d �i a o ri of EXISTING GRADE m m m m m m 0 m m ^ Obi O> d Omi Oi T O� N W N m m N N N N ,A m N N N ,A u' N idn pn ifl r1 N m N I N m m m Ul U] ,n N m m m m i(] In 116+50 117+00 117+50 118+DO 118+50 119+00 119+50 120+00 120+50 121+00 121+50 122+00 122+50 123+00 123+50 124+00 124+50 125+00 125+50 126+00 126+50 127+00 127+50 128+00 50 113+00 1134-50 114+00 114+50 115+00 115+50 116+00 W HAGGERN MULWAM ROAD PROFILE z J 40 MQp���� 9LMGL,1 PROJECT t�1'.11Ta op Patton Harris Rust & Associates G, Engineers. Surveyors. Planners- Landscape Architects. HAIGGEM BWLE MD OPEQUON CROSSING ACCESS ROAD 4 REVISED PER V.D.O_T. COMMENTS DTD- 7/24/08, 7/28/ JLC CSK 3 REVISED PER VA.O.T. COMMENTS DTD. 6/4/08 6/30/0 JLC CSK TT TT A pp������ PRMLE 2 REVISED PER F.C.&A. COMMENTS DTD. 2/19/0& 3/4/08 JLC CSK A. 02067IfistO5kT' l Wr, East Piccadilly Street, Suite 200 R4.AP1L/ u No 020674 � �� Winchester, Virginia 22801 1 REVISED PER V.D.O.T. COMMENTS DID. 11/15/07, 12/06/07 JLC CSK ? 2Q.0 T 540.667.2139 I,p_ DESCRIPTION DATE RLVS'D RWD AMD GATE ONAL F 540.685.0493 FREDERICK COUNTY, VIRGINIA REVISION HORIZONAL (;RAPHIr Sf Al E' I " = 50, 50 0 50 100 VERTICAL rRAP'IC SCALL 1" = 10' 10 0 10 20 DESIGN SURVEY A-P.W. PI-IR+A DRAWN DATE TEAM AUGUST, 2006 CHECKED SCALE R.A.M AS NOTED DRAWING SHEET FILE NO. C14 1 16 OF 47 1 A-1412110 EXHIBIT 3 wl 6TA-115N W wlE -sftw AD.-.12➢7 N-as1 sw vc 590 580 I 1 I E=XM MG artAOE 570 - 560 ` wl EIEV • 93.b \ AD. --I Op 30P YC � �g t 550 m� R 18 R 8 540 \ I 1 530 o12x— 14 1 nx 2 520 1,19'6EV. •EP w �z �z � WI < m 510 0 z� n �U m� Q to F�C��Ctt11WW HI`VW Iwo Wy1�w SSW - 500 �IP I E114+00 115+00 116+00 117+00 118+00 119+00 120+00 121+00 122+00 123+00 124+00 125+00 126+00 127+00 128+00 129+00 130+00 HAGGERTY BLVD. ALTERNATE ALIGNMENT y HORIZONTAL SCALE: 1'.=50' 0 5. t00. 4j VERTICAL SCALE: IZ10' f t d s OPEQUON CROSSING ACCESS ROAD pennoni ALTERNATE ROAD ALIGNMENT 8 FREDERICK COUNTY, VIRGINIA OCTOBER 15, 2015 PENNONI ASSOMATES INC. 117 Ee➢t Pmcaddiy Street Winchester, VA 22601 T 540,6672139 F 540.665.0493 ii Y EXHIBIT 4 Action: PLANNING C0NHvI1SS1101Nc BOARD (10 SW RVISOR.S: A IVI I I-,' L)1V1 I? I-," I' October 21, 2009 - 14,vonunencled Approval November 18, 2009 P�Jl APPRO VI',D AN OI:DINANCH AMF'NUING "I'1-1E G(')NING D]S'.I'IZIC'rMA1' P,l;%ON1N(i // 12-01 CROSSING 1A DFN Il?1 > Mq MEAS. Rezoning H 12-0 7 of Ope(luoll Crossin};, subnlillccl by Patton I larris )lust &, Associate::, to rezone70.15'Icres from IRA (Rural Armis) District to RP (l:Ndenthl PcrIbmiancc) District, vwhh l',roflcrs dated April I (" 2007. hot revised on }glovenlhcr 18, 2009, (ilr lip to 32.5 sinide family attached and detached residential units. \\'as consicic•red. The properly is loc•.aled south of the existing Ierminus of I{ddy's L nnc. (Route 82U),'Ipproxinlat.cly 2AUU fcct ;:oath of Roulc 7 and IA.')(} feet west of Opequon (Peck, in the Iled laud lvlagiML:Hal District, and is icmaNzed by Properly ldcnlilicalion Nlnllhcr 55-A-210. MqI KREAS, the I') mnhg ('mnmNMon hdd n public' hearing on Ibis reionint, on oclol-icr .. 1, 2009: 'Intl \V!-I1�.R I;AS, the 1-�o:nd of Supervisors held'I public he'Irint; on this rezoning on i�ovcmbcr 1 S, 2UU9; and \.VHERFAS, the Frcdcrick Collnly Board of Supervisors finds tic approval of this rezoning to he In A best interest of the public health, safely, welfar'e,'Ind in confovillance with the Comprrhenstve Police Plan; NOW ,'I'IILRLFOIIiK,, R1: IT ORDAIWA) by the I'rcdAck County Board ofSupervim"n that Chapter 165 of the Fredcrick County Code, Zoning, is amGubd to revise the Zoning District Map to rezone 70.15 acres from RA (Mural Arcas) District to Rl' (Residential Performance) District, for up to 325 single family attached and detached residential units. The conditions woluntal'rly proffered in writing by the applicant and the property owner are attached. 0 • 'I'liis ordinance shall be in Mal on the dale ohalplimr. Passed this Ihth clay ol,November, 2009 by dic I611mvinv, recorded vole: Richard C. Shickle. Chairman Aye Cary 'An Dove. Cicnc F. Fisher Philip A. Lemieux PDRpSMM49 Clary A. Loflon AwL Aye 13i11 M. l:win� Ayu Aye C`harlcs S. 1)ca l.Ir. Aye Aye _. lohii 1�.. RiIcy..h. Frcdcrich Comity Administrator i 11 REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAl\9E: ORIGINAL DATE 01, PROFFERS: REVISION DATE(S): PROPOSED PROFFER STA'FEMENT RZ. 1! Rural Areas (RA) to Residential Performance (R.P) 7a 15 A -/- Tax Map Parcel 55-A-210 (the "Properly„) ']'he Canyon, LC 1'hc Canyon, LC Opequon Crossing April 10, 2007 6/28/07; 8/27/07; 10/10/07; 6/16/08; 1 1/16/08; 12/5/08; 2/23/09; 9/24/09; 11 /9/09; 11 / 18/09 The undersigned hereby proffers that the use and dcvolopnlent of the subject property ("Properly"), as described above, shall be in strict conformance \with the lollowing comUtlons, which shall supersede all other proffers lhal may have been Illadc Or sublllittcd, prior hereto. In the event that the above referenced R.P conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be cleenled withdrawn and shall be null and YOU Further, these proffers are contingent upon final retuning of the Property witl) "final rezoning" defined as the rezoning which is in effect on The clay following the last clay upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning "lay 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 clay following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the clay 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. 'Ile IillpmvernMAS proffamd 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 sliecenors ill interest. When Used ill these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Opcquon Crossing" dated April 10, 2007 revised November 9, 2009 (the "GDP") and shall include the fOIIO\vlllg: Page 1 of 8 0 • LAND USE 1.1 No more than 325 dwelling units shall be constructed on the property. A Illaximum of 170 of the residential dwelling units constructed on the Properly may be single fcunily attached dwelling units. N4td1i-fanlily dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial conformance with the Generalized Development Plan provided that Illlllol' lllodlficatlOns are permitted during the Made- Development Plan and final engineering process. 2. CONDITIONS PRECEDENT TO ' H13 ISSUANCE Or PERMITS AND PLAN APPROVALS. 2.1 Construction of the 325 residential dwelling units shall be phased over a ti-n-enymw period commencing %A ill the date A r approved f01' the Final Masten' Development Plan. The Applicant shall not make application f'or more than 109 building permits for residential dwelling units for each 12 Illonth period following the date of approval for the Final Masten' Development Plan. Additionally, the Applicant shall not make application for a building permit for any dwelling unit located on the Property for a lllllllllllllll of' 3 years following the date of final rezoning (DFR). 2.3 The above referenced phasing limitations shall be Cumulative. Notwithstanding anylhing to the contrary contained in these Proffers, should market conditions dictate a slower pace of construction of the residential dwelling units on the Property, the time schedule for total build out of the Property play exceed three years. 3. PARKS AND RECREATION: 3.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 50"' building permit and shall count towards and comply \Vlth the 1'ccreatlon unit requirement for the Property as specific(] by Section 16164 of the l rederick County Code. The recreation center shall be an enclosed clubhouse %With a minimum finished floor area Of 3,000 square feet. Additionally, the Applicant shall construct neighborhood swimming Pools with a lllllllllllllll water Snl'face ama Of 3,500 square feet. The swllllllling pools shall be constructed conCtnrcut with COnSt'IICtOn Of the C0111111►llnity center and shall be pci-milted to Count towards the recreation requirements for the Property as required by the Frederick County f011ing Ordinance. Other recreation amenities shall be fwdwr defined at time of Master Development Plan. Page 2 of 8 0 • 3.2 The Applicant shall contribute to the County the Stull of $1,970 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family detached unit, 3.3 The Applicant shall contribute to the County the sum of $1,507 per single family attached unit for parks and recreation purposes, payable upon the issuance of a building pamlit for tech single family attached unit. 3.4 The recreation building shall be owned and maintained by the homeowners association ("I-IOA") for the Property. 15 Use of the recreation building shall be made available to the residents of the adjacent Haggerty Property SuNhAsion provided the residents cmdriNac oil a pro rain basis toward operation and mainlcnancc of the facility. 3.6 A trail system utilizing a 10' wide asphalt surface constructed to VDOT standards shall be incorporated Into the design of the Properly and shall be depicted on the Master Development Plan. Said trail system shall be provided, at nlininunA along the proposed East-West Collector Road provided per Proffer %2 as well as the extension of Eddys Lane to connect with the adjacent 11vin Lakes development to the South and shall be installed concurrent with construction of those roadways and also along the hAcmal collector roadway to the Western Properly boundary as depicted on the GDP. The HOA shall be responsible for the ownership and rilainlalancc of the trail system. Public access easeillents shall be provided for the trail system to allow use of the trail system to the general public. FIRE 81 RESCUE: 4.1 The Applicant shall contribute to the County the suns of $713 per single family detached dwelling unit for fire and rescue purposes, payable upon the issuance of a building pa•mit for each single faillily detached unit. 4.2 The Applicant shall contribute to the County the sum of $529 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a building pcnnit for each single family attached unit. 5. SCHOOL CONSTRUCTION: 5.1 The Applicant shall contribute to the County the sum of $ 18,494 per single family detached dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. 5.2 The Applicant shall contribute to the County the sum of $13,033 per single Wily attached dwelling unit for school purposes, payable upon the issuance of a building permit for each single faillily attached unit. Page 3 of 8 0 • 6. LIBRARY: 6.1 ']'tic Applicant shall contribute to the County the sum of $487 per single family detached dwelling unit for library purposcs, payable upon the issuance of a building permit for each single fiullily detached unit. 6.2 The Applicant shall cont•ibulc to the County the sum of $372 per single family attached dwelling unit for library purposes, payable upon the issuance of a building pennit for cacti single family attached unit. CREATION O1: IIOMH.OWNLRS' ASSOCIATION: 7.1 The residential development shall be nladc subject to an 1-IOA that shall be responsible for the ownership, maintenance and repair of all common areas, including but not limited to the recreation building, excluding any conservation areas that may be established in acco►Awwc herewith which arc Specifically dedicated to Frcdericic County ((lie "County") or others. I�or each area subject to their jurisdiction, the I-l0A shall be granted such responsibilities, duties and powers as my customary for such associations or as play be required for such HOA herein. 7.2 In add►don to such other dudes and responsibilities as may be assigned, the 1-I01% shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use including StornlWater Management facilities, (ii) common buffer areas located outside of residential lots; (iii) establishing and managing a common solid waste disposal program; (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within casements to be granted to the I-]OA if platted within residential or other lots, or otherwise granted to the 1-IOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 7.3 ']'lie Applicants hereby proffer to cslablish a start-up fund for the Opequon Crossing Homeowner's Association (OCHOA) that will include an initial lump snn paynlCnt of $2Q00.00 by the Applicant prior to the initial closing for any platted lot purchased and an additional payment of $100,00 by the homeowners at the initial closing for each platted lot purchased within the OpmWon Crossing community. Language will be incorporated into the OCHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the OCHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCHOA. The start-up funds for the MAMA shall be made available for the purpose of maintenance of all improvements within the common open spucc areas, liability insurance, street light asscsslllenls, and property management and/or legal fees. Page 4 of 8 • S. \1'ATI R & SBV13R: 8.1 The Applicant shall be responsible for connecting the Properly to puldic Water and sewer, and Rw constructing all facilities reclllll'cd for such connection. All water and sewer infrastructure shall be constructed ill accordance with the requirements of the l,rcclerick County Sanitation Authority ("the FCSA"). TRANSPORTATION: 9.1 The Applicant hereby proffers OM00.00 per single family attached dwelling unit and ,$5,000.00 per single Family detached dwelling unit in monetary contributions (lint are to be ulilizcd For design and conshoction of road improvements to alleviate transportation problems in Frederick County, It is expressly understood that the County nmy be applying to VDOT for revenue sharing funds and that any monies paid may be ulilizcd by the County for that purpose. This monetary contribution shall be provided to Frederick County at tllc lime o► builcling Ilcl'nlll inuance for cacti dwelling unit, 91 %thin 90 dais of receiving written request from Frederick County, and VDOT, the Applicant shall dedicate SO feet of right of way In confarnlance with the location depicted on the (GDP from Point A to Point C for the fnt-llre relocation of Valley Mill Road. The cledicatecl right of way width may increase to up to 120 feet where necessary to accommodate turn lanes and/or pedestrian accommodations as determined by VDOT and Frederick County. The alignillalt of the right of way dedication area shall be in accordance with the planned alignment of fulurc Valley Mill Road li)cr the Frederick Calmly Eastern Road Plan. Prior to issuance of the 100'' builcling permit, the Applicant shall construct the southern two lanes of a UdD roadway Ronl Point A to Point 13 as depicted on the GDP. 9.3 The Applicant shall dedicate sufficient right of way and canstrucl Eddys Lane to VDOT requirements from the north Property boundary to the south Properly boundary as depicted on the GDP from Point A to Point D. Said connection shall be made prior to issuance of the 500 builcling permit. Page 5 of 8 • 0 9.4 No building pernlils shall be issued for the Property until such time that the Properly has access to Route 7 via the future Haggedy "Transportation Network as identified on the GDP. In order to connect with Be Haggerty Transportation Network, Be Applicant shall dedicate 80 feet of right of way and construct tile Sollthenl two luncs of a AD roadway to connect from the extension of Mlys Lane to the Eastern Property Line as depicted on the GDP. The right of way width may increase to up to 100 feel to accommodate turn lanes as determined by VDOT. Additionally, no building permits shall be issued for the PI•oper(y un(il such time that the Haggerty "Spine" Road has been completed to the Southern property line of the adjacent Haggerty Property per P unbr 132 for R% 1/011-07, "Haggerty Property" as approved by Frederick County on .July 25, 2007. Additionally, no building permits shall be issued for the Property until such time that the following improvements are constructed at the intersection of Route 7 and the 1-laggerly "Spine" Road: signalization, \Vestbound lanes -- 1 Ick, 2 thru, Eastbound lanes 1 right, 2 thru, Northbound lanes -- I left, 1 right. 91 The Applicant shall provide a rescrvr, area that is a maximum of 56 feet in width for a potential future connection between Be Property and the adjacent Meldslonc Development to the \Vest. It is expressly understood by the Applicant that approved plans for the Ideldstonc Development include no provisions for an interparccl connector and use of the potential llltel-parccl connection area Would be at the discretion of the owners of the Fieldstone Development. Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in collfoll imme with Be location dcMded on the GDP. (See 1 on GDP) 10. HISTORIC RESOURCES: 10.1 The Applicant shall complete a survey documenting any historic sMwUwes on the Properly in general accordance Wilh the guidelines established by the Preliminary information Fornl from the Department of Historic Resources. Any documentatioil created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition orally buildings located on the Property. I0.2 The Applicant shall pl•o\,Wc a ialldscape sueell along the Northel'll Property boundary in the location identified as "Double Row of Evergreen Trees" on the GDP. Said landscape screen shall consist of a huxiscape casement at least 10 feet in width utilizing a double row of evergreen trees that are a Illllllnllllll I lect in height at thoc of planting with a minimum 3 trees provided per 10 linear feet. Said hoprovenlcllts shall be bonded or installed prior to issuance of a certificate of occupancy for any dwellings within the vicinity of the northern properly boundary. Page 6 of 8 • • IL EXCLUSION OI PlJl31_IC' 1'ROPI:R'I'1' FRON/I PROFFERS: Any portion of the Property may hereafter be dedicated for public street Imn•poscs (or otherwise conveyed to a public entity) and such portion so dedicated shall, upon such dedication, be excluded from the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the (fill force and effect of these Proffers. 12. ESCALATOR CLAUSE: 12.1 In the event the monetary comribulions set ('orlh in the Proffer Statement arc paid to the Board within 30 months of the approval of this rczonmg, applied for by the Applicant, said contributions shall be in the amounts as slated herein, Any monetary contributions set Ibrth in the Proffer Statement which are paid to the Board after 30 months whowing the approval of this rezoning shall be adjoslcd in accordance with the Urban COnSUme• Price Index (CPI -LP) published by the United States Department of Labor, such that at the time of contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that (late 24 months after the approval of this rezoning to the most recently available CPI-U to (he date the comdbutions arc paid, subject to a cap of 61A per year, non -compounded. SIGNATURE(S) APPEAR ON THE, FOLLOWING PAGE(S) Bye 7of8 • Respectfully submitted, The Canyon, LC By: a Title: Manager STATE OF V IRGINIA, AT LARGE FREDERICK COUNTY, To -wit: h T The foregoing instrument was acluiowledged before me this day of AL Vj-�.b 2009, by 7)iu c1 My commission expires: Notary Public lit, e Aec3 '�F— /5'1 `t'N Page 8 of 8 LUE RIDGE M. VALLEY • i M�1JC FwSA t=a OPEQ00N R/W RESERVE A FOR FUTUR VALLEY MILL D CONNECTION t� DOUBL ROW OF CONS T CT 2 LANES OF EVERGREEN TREES , C Q A EAS EST COLLECT❑R �C o �n000000�ao .......... 00 00 —EDDYS LANE i V CONNECTION HAGGERTY �!. v'I TRANSPORTATION / NETWORK',. , / HAGGERTY k �" `• CONNECTI❑N HIKER/ BIKE PROJECT TTRAIL i SITE PROP❑SED-IZZCREATION�, HAGGERTY CENTER L❑CATIGIN_._ CONNECTION WITH TWIN LAKES PROPERTY TWIN LAKES FUTURE VALLEY MILL CONNECTION O Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street. Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 DATE: 4/10/07 REV: 11/9/09 GENERALIZED DEVELOPMENT PLAN Opequon Crossing SCALE: 1 " = 700' • 0 AMENDMENT Action: PLANNING COMMISSION: May 2, 2007 - Recommended Approval BOARD OF SUPERVISORS: July 25, 2007 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING T%IE ZONING DISTRICT MAP REZONING 1104-07 PROFFER AMENDMENT OF HAGGERTY PROPERTY (The Canyon, LC) WHEREAS, Rezoning 1/04-07 Proffer Amendment of Haggerty Property, submitl.ed'by Patton I-Iarris Rust & Associates, to revise the proffers associated with Rezoning 414-05, 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 tlu'ee 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 Rezonvng # 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. 1, 32-07 • • This ordinance sliall be in effect on the (late of adoption. Passed this 25th (lay of July, 2007 by the following recorded vote; Richard C. Shickle, Chairman Aye Barbara E. Van Osten Nay Gary Dove Aye Bill M. E-wing Aye Gene B. Fisher Nay Charles S. Del-Iaven, Jr. Nay Philip A. Lemieux Aye A COPY ATTEST Joni . Riley, Jr. Frederick County Administrator PDRes. 932-07 PROPOSED PROFFER STATEMENT REZONING: RZ. # Residential Performance (RP) to Residential Performance (RP) PROPERTY: 11 1.56acres +/-; Tax b4ap 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, 20011 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; 7/17/07 'I'he 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 rezaing of the Property with "rural 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 (tile "Board") decision granting Cie 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 die 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 tine 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 -%vridiin its meaning all future owners and successors in interest. When used it these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Haggerty Property" dated Decembcr 20, 2004 revised July 2, 2007 (the "GDP"), and shall include the following: 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maxinum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. E 0 Proffer Statement Haggertj) 1.2 Single family detached housing types shall comprise a muiunuin of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PE1U4ITS 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 n-uxed use residential type allowing a range of housing types within linits established by this proffer statement. 2.2 The inaxinuni dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project devclopmcnt, beginning on the elate 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 niondi period shall be allowccl 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 SYSTEIA4 AND IRECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Rccrcatlon standards that links residential and open space areas within the development. The precise location of said trail system sliall be detcrmiied during the master development plan (MDP) process, pursuant to die 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 acljoiiung 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 pern-tit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sutra of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single fare ly attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sutn of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building pert -nit for each single family detached utut. Page 2 of 8 • 0 Proffer Statenrent Haggerb' 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 'Fbe 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 Slieriff 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 governnnental administration 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 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 sucli 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 otheiNvise dedicated to public use, (ii) common buffer areas located Page 3 of 8 • • Proffer ,Statenrent Haggerl), 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 widiiir casements to be granted to die HOA if platted within residential or other lots, or odnerwise 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 regturcd for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederic]-, County Sanitation Authority ("die FCSA"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to unplemcnt the Senscny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant sliall establish a buffer to a distance of 600' from presently planned future treatinent 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 Opcquon Sewer Plant property line. The water main will be installed and serviceable before the 101" building pernut is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BIvIP) for die Property shall be provided in accordance wide the Virginia Storm"vater 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. 13. TRANSPORTATION: 13.1 Transportation hilprovements shall be initiated at the outset of the development process unless odiciv.,ise specified below. Page 4 of 8 n LJ Proffer Statement Haggerty 13.2 The Applicant shall const.ruct a North -South collector road as the "spine" of the project's internal road network and to provide direct access froin the project to VA Route 7 as generally shown on the GDP as die 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 sliall 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 Nordh-South collector road shall be constructed as a rural undivided (R2) cross section with curb ,Intl 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 die 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 die project site prior to issuance of the Gist building permit for die 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 dhrough revenue sharing or other programs as may be available dhrough VDOT anti/or Frederick Count),. (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 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' reser'vauon area in substantial conformance with the location depicted on the GDP to (i) construct die southern two lanes of an East-West collector roach, planned to ultimately be an urban four lane divided (U4D) cross section within an 80' right of way an(] (ii) provide a landscaped buffer or roach efficiency buffer as defined in the .Frederic,, Corm, Zoning Ordinance. The East-West collector road shall be designed to accothumodate the future Route 37 fly -over bridges. (See 5 on GDP) 13.4.1 Within die 90' reservation area, provided that 40' of right of way is dedicated on the adjoining property to die north prior to submission of engineered plans for tie East-West collector road to die County, the Applicant shall dedicate 40' of right of way, as measured froth die Propert}, 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, die Applicant shall construct a 50' reduced distance road efficiency buffet:, as defined in die Frederick Cornr� Zoning Ordinance, between any residential lots and said collector road. Buffer plantings and/or screening sliall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. Page 5 of 8 E r--j LJ Proffer Statemew Haggerty 13.4.2 In the event that 40' of right of may 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 briilding 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 tune 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 consttuct all 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 1)y 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 tic County. All plats depicting the VA Route 37 right of way shall note that the roadway is limiited 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 tune of planting. The mix of trees arc to be determned 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 die Route 37 aligtunent shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by die 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 Statemew Haggerty 14. ESCALATOR CLAUSE: 14.1 In the event die monetary contributions set forth in the Proffer Statement are paid to die Frederick County Board County Super -visors ("Board") widnul 30 mondis of the approval of diis rezoning, as applied for by the Applicant, said contributions shall be In the amounts as stated herein. Any monetary contributions set forth in die Proffer Statement which are paid to tine Board after 30 mondhs following die approval of ibis rezoning shall be adjusted uh accordance with the Urban Consunher Price Index ("CPI-U") published by the United States Depatunent of Labor, such that at the tirnhc coil uibutions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 lnolldis after die approval of this rezoning to the most recently available CPI-U to tie 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 tie south and cast in die general location depicted at Point 8 on die GDP; said inter. -parcel connection shall be provided in place of an}, previously planned ulter-parcel connection located at tie soudnvestern area of die Property as preNnously depicted on die approved Nlaster Developnent 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 die Master Development Plan to be submitted for the Property, and shall be depicted on future subdivision design plans for die adjacent Twirl Lakes development. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 8 • • Proffer Statement Haggerty Respectfully submitted, By: Title: STATE OF VIRGINIA, AT LARGE hR_E_-DERICK COUNTY, To -wit: f7 A lie foregoing instrument vas acknowledge of re ne this / clay of ��', )2007,1)), i lJ l . fi i d �' \,I}comnvssion Xpires - j/ •D Notaq Public a — L'o Page 8 of 8 0 0 Patrick Sowers From: Funkhouser, Rhonda (VDOT) <Rhonda.Funkhouser@VDOT.Virginia.gov> on behalf of Ingram, Lloyd (VDOT)<Lloyd.Ingram@VDOT.virginia.gov> Sent: Friday, July 31, 2015 9:30 AM To: Patrick Sowers Cc: Ingram, Lloyd (VDOT); Smith, Matthew, P.E. (VDOT) Subject: Opecluon Crossing Rezoning - VDOT Comments Attachments: comment sheet.pdf The documentation within the application to rezone this properly appears to have significant measurable impact on Routes 7, 659 and Rt. 820. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT has reviewed submissions of proposed transportation proffers offered to mitigate the development's potential traffic generation. VDOT is satisfied the transportation proffers offered in the Opequon Crossing Rezoning Application dated May 29, 2015, address the transportation concerns. 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 Viiginla Department of Transpol•tation Edinburg Residency — Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 n 0 COUNTY of PREDERICK ?Roderick 13. Williams County Attorney 540/722-8383 Fax 5401667-0370 E-mail: rwillia@co.frederlck.vams August 17, 2015 VIA E-MAIL— PSoAycrs a,Pennotxi.coin AND" R.)' GULAR.MAIL M Pat •ick Sowers r. t Pennorii Associates Inca l l7 East Piccadilly Street,'Suite 200 Winchester, Virginia 22601 Re:.. Rezoning Application'' Opcquon Crossing Tax Parcel Numbers 55-A-210, 55-A-212, and 55-A-212A, consisting of 177.71 i acres (the "Property") Proposed Proffer Statenientdated May 29, 2015 Dear Patrick: You have submitted'to Frederick County for.mview the above -referenced proposed proffer Staterneiit .(the "Proffer Staternciit") for the proposed rezoning of the. . Property, in the Redbud Magisterial District; from the RP (Residential Performance) Zoning District; withpi&offers, to the RP .(Residential 'Perfortnance) Zoning District, with revised proffets..I have ridw reviewed the Proffer Staternent and it is my opiriiori that the . . Proffer Stateinerit would be in a form to Meet the requirements of the Frederick County. . Zoning Ordinance and theCode of Virginia;. arid would be legally sufficient as a proffei statement, subject to the following comments:.,.. • Y6u have indicated that the total 'i•ezoning area'is 1' 7.71�'acte8: According to ..CoUrity GIS records; iricluding:fhe portion o1'tlie Property that is zoned .B l and .. that is *noi subject to the proposed rezoning; the Pzopei y consists of 178.98± acres (70:15 acres foi•'5'5-A-210, 103.83 acres for 55=A:=212; and 5 acres foz 55-A' . 212A). The A, portion.sliows (oh*GIS rind on the`GDP)-as 6pproxirhafely:3.3 to 3.7 acres, leaving tlieproposed rezoning at approxiirrately -175.5 acres. Please. -provide more information mgardirig'the coriectadeages: Also; in, 'a further effort to avoid any ambiguity, it may be appropriate to indicate on the GDP, for the existing B 1 portion of the Property, that it is not part of this rezoning.. 107 North Kent Street • Winchester, Virginia 22601 Mr. PaMck Sowers August 17, 2015 Page 2 • Proffer 2.1 — hot consistency, the reference to the "community center" in the sentence regarding timing of pool construction might best be revised to the "recreation building". Likewise, in the third sentence, "recreation center" should be "recreation building". • .'Proffers 2.4 and 7.1 These proffers should also indicate that the HOA will own the pool. • Proffer 7.3 -.The proffer is uriclear as to:d distinction between ifie $2,500 per lot payment "priort6 the initial closing for eachplatted lot".and the ;$100 per lot payinent "at the initial closing for.each platted lot"..:AIsoJ may be appropriate for die:payment to be prior to isst6nce of certificate of occupancy: In addition,. regarding the last seiiferice of the proffer, the applicant may wish to rec6n6der:the limitation on useofthe fiulds,.as iYcould:be songewhaYrestrictivc as written Perhaps instead of "and/oi legal fees", that portion might maid "and/or other . operating and/or capital expenses of OCHOA". • Proffer 9.4 -= The proffer needs to'specify the Roirte 37 right-of=way width: contemplated, especially in light of the provisioh-Tor planting of.a landscape screen adjacent to both sides of the right -of -Way in Proffer 9.6. • Proffer 9.6 "Wit respect. to the -screening along fhe R6ute 37 right -of way, the proffer references item 2 on the GDP, but this is not item 2; the GDP does not indicate anitem nuiaber for this:. . I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development,:as my tindetstanding is that that review will be done by staff and the Planning Comnussion. . Sine ly, crick B. William County Attorney cc: Michael T.'Ruddy, AICP, Deputy Plant ing Airector (via c=mail) REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Fee Amount Paid $ 1000, Zoning Amendment Number. Ob l S Date Received �J 5 PC Hearing Date . 1 I 1,L1 1.5 BOS Rearing Date 6) The follolUing inforination Shall be proi,icled by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicants: Name: Pennoni Associates Telephone: (540) 667.2139 c/o Patrick Sowers Address: 117 Fast Piccadilly Street Winchester Virginia 22601 2. Property Owner (if different than above) Name: The Canyon c/o Dave Holliday Telephone: (540) 667-2120 Address: 420 Jubal Early Dr, Suite 103 Winchester, VA 22601 3. Contact person(s) If other than above Name: Patrick Sowers Telephone: (540) 667.2139 4. Checklist: Check the following items that have been included with this application. Location Map (See GDP) X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 0 • 5. The Code of Virizinia 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 G. A) Current Use of the Property: Vacant (entitled Residential) B) Proposed Use of the Property: Residential 7. Adjoining Property: SEE ATTACHED. 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The Property is located South of the existing terminus of Eddys Lane (Rt 820) approximately South of Route 7 and adjacent to Opequon Creek. In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 55-A-210 Magisterial: Fire Service: Rescue Service: Red Bud Greenwood Greenwood Districts High School: Middle School: Elementary School: Millbrook James Wood Redbud Run 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 174.98 RP RP 174.98 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 230 Townhome 344 Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Office Retail Restaurant 12. Signature: Square Footage of Proposed Uses Service Station Manufacturing Flex - Warehouse Other I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible Erom the road right-of-way until the hearing. I (we) hereby certify that this applicatio;i and its accompanying materials are true and accurate to the best of my (our).knowledge /� Applicant(s) lis) �` -- Date S� 3 r1 • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.yams Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 54"5-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) The Canyon LC (Phone) 540.667.2120 (Address) 420 West Juba[ Early Dr Suite 103 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 Number: 040014715 & 060006113 and is described as Tax Iviap Parcel 55-A-210, 212. & 212A Subdivision: do hereby make, constitute and appoint: (Name) Pennoni Associates, Inc. (Phone) 5110.667.2139 (Address) 117 F. Piccadilly Strcet Suite 200 Winchester. Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with lull 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 ivfy 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 othec reset G or modified. In witness thereof, (1we) have hereto tAy,�our) hand and seal this day of f L)�2003 Signaturc(s) State of Virginia, City/County of f'►��Lk E►'��c IG ,To -wit; 1, �j Ot Cq _)o �k(Gtyv-vyr-, a Notary Public in and for the jurisdiction aforesaid, ce •fy that the person(s) who signed to the foregoing instrument person• !U appeared bellpre me and ha)cwledged the sam before me in the jurisdiction aforesaid this Oday of �- ICO , 20 L . My Commission Expires: 10,31 115 NotaryP I' P i TF 3 t0 3 l? 3 55-A-Zl2. 5,5 A Adjoining Property Owners — Opequon Crossing Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private rigbt-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Adlnlnistrative Building, 107 North Kent Street. Name Address Pro ert Identification Number PIN Name: Toll VA IV LP 19775 Belmont Exec Plz, Suite 250 Property #: 55-A-209 Ashburn, VA, 20147 Name: Toll VA IV LP 19775 Belmont Exec Plz, Suite 250 Achhiirn VA 9n1Q7 rIU Ul LY Name: ft. Lisa Riggleman and 'Mildred Riggleman 7000 Ben Franklin Road Property#: 65-A-195 S rin field, VA 22150 Name: Twin Lakes Overlook Community Association 19775 Belmont Exec Plz, Suite 250 Property #: 55M-2-9-149D Ashburn, VA, 20147 Name: Arcadia Communities Inc. 1602 Village Market Blvd SE Property#: 55G-5-3-225A Leesburg, VA 20175 Name: Arcadia Communities Inc. 1602 Village Market Blvd SE Property #: 55-A-181 Leesburg, VA 20175 Name: Valley Mill Farm LC 8739 C Street Pro ert #: 55-A-165 Chesa eake Beach, MD 20732 Name: Katrina Roberts 1004 Clark St Proparty #: 55-4-4A Starke, FL 32091 Name: Michael McKee 283 Eddys Ln Property #: 55-4-3 Winchester, VA 22602 Name: Investors At, LLC P.O. Box 22655 Property #: 55-4-2 . Stephens City, VA 22655 Name: Frederick -Winchester Service Authority P.O. Box 43 Property #: 55-471 Winchester, VA 22604 Name: Frederick -Winchester Service Authority P.O. Box 43 ; Property #: 56-A-19 Winchester, \/A 22604 Name: Frederick -Winchester Service Authority P.O. Box 43 Propert #: 56-A-18 Winchester, VA 22604 Name: Fort Collier Civil War Center, Inc. 1460 University Drive Property #: 56-A-18A Winchester, VA 22601 Name: John Bradfield, Trustee 3 Woodcreek Ct Property #: 55-A-174 Durham, NC 27713 Name: Pro ert #. 0 0 RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS To Enable Proffered Transportation Improvement Credits against the Development Impact Model Action: BOARD OF SUPERVISORS: January 8, 2014 X APPROVED ❑ DENIED WHEREAS, Sec. 15.2-2298 of the Code of Virginia enables Frederick County to accept cash proffers as part of the conditional rezoning process; and WHEREAS, Frederick County has exercised such authority since 1990 as a method for rezoning applicants to mitigate the projected fiscal impacts of development projects on county capital facilities, and the County utilized economic modeling created by Hammer-Siler-George Associates to project fiscal impacts; and WHEREAS, the Frederick County Board of Supervisors, in November 2005, adopted the current Development Impact Model (DIM), created by Tischler & Associates, to project the impact development places on the county's capital facilities, authorized staff to utilize the DIM to project impacts development places on the county's capital facilities, and annually updates the DIM in order to maintain the DIM's accuracy in projecting development impacts; and WHEREAS, an applicant for a rezoning may seek, by proffer, to mitigate the rezoning's projected impacts on the county's capital facilities; and WHEREAS, an applicant for a rezoning may seek, by proffer, to mitigate the proposal's impacts on the transportation network by constructing transportation improvements identified in a Transportation Impact Analysis (TIA), and commit to Implement aspects of the Comprehensive Plan's road plans and other long range transportation plans; and WHEREAS, proffered transportation commitments that implement aspects of the Comprehensive Plan's road plans and other long range transportation plans are recognized as contributions to greater community; and WHEREAS, County staff, with assistance from each rezoning applicant and the Virginia Department of Transportation (VDOT), may determine the value by which the applicant's proffered transportation improvements exceeds the value of the transportation improvements identified in the TIA; PDRes. a 0 • NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors permits the value of a project's proffered transportation improvements which exceed those improvements identified in a project's TIA to be utilized as credit values to reduce the amounts identified by the DIM for the project. This transportation credit opportunity will remain in effect for 2 years beginning on January 8, 2014. Passed this 8th day of January, 2014 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Ave Robert A. Hess Ave Robert W. Wells Ave Gene E. Fisher Ave Charles S. DeHaven, Jr. Ave Christopher E. Collins Absent A COPY ATTEST Jo lii Ril4, ir. yeder ck County Administrator PDRes, # BOS Res. #034-14 • E MEMORAN-D•UM COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jriley@co.frr,derick.va.us TO: Board of Supervisors FROM: John R. Riley, Jr., County Administrator�� SUBJECT: Business Friendly Committee Report DATE: December 30, 2013 At the Board of Supervisors' December 6, 2013 work session, the Board discussed the first part of the phase I recommendations derived from the Business Friendly Committee. Those recommendations were: 1. Public Information Officer 2. Establishment of an Economic Development Authority 3. Reduction in Proffer Requirements Staff is seeking formal Board action on the following items, based on the consensus reached at the December 6, 2013 work session. Public Information Officer The Human Resources Committee recommended approval of the creation of the position of Public Information Officer. The creation of this position would make it eligible for funding consideration during the upcoming budget cycle. The Board's majority consensus was to create the position with funding to be determined as part of the 2014-2015 budget cycle. Staff is seeking board action to affirm the creation of this position. Establishment of an Economic Development Authority At the Board's November 13, 2013 meeting, the Board authorized staff to proceed with the creation of an EDA with an effective date of July 1, 2014. In order to make that happen, the following needs to occur: 107 North Kent Street • Winchester, Virginia 22601 • • 1) The Board must conduct a public hearing to approve the ordinance changing the name of the INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA to the ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA. This hearing and ordinance adoption will take place at the Board's January 8, 2014 meeting. 2) Special legislation to allow a Board of Supervisors' member to be appointed as a voting member of the EDA. Staff has met with members of our state delegation regarding this need for special legislation It is anticipated this legislation will be presented during the upcoming General Assembly Session. 3) A plan must be developed to transition the existing EDC staff to EDA staff. Staff has checked with IDA legal counsel and it has been determined that the name change from Industrial Development Authority to Economic Development. Authority would not affect the outstanding bond financings. At the Board's December 6, 2013, the Board discussed the proposed make up of the new EDA. It was the consensus of the board members that the new EDA would consist of three members each from the existing EDC and IDA and one member of the Board of Supervisors. Staff is seeking board action to affirm the membership of the new EDA. Reduction in Proffer Requirements The Development Impact Model Oversight Committee conducted a re-evaluation of the current Development Impact Model, taking into account current economic conditions. The Committee discussed the possibility of offering credits for proffered transportation improvements above those typically expected to address transportation impacts. The Development Impact Mode Oversight Committee recommended approval of a policy modification to enable credit for transportation. After some discussion, the Board's consensus was to allow transportation credits for rezonings. Staff is seeking board action to affirm the change to the Impact Model to allow transportation credits. The Development Impact Model Oversight Committee will continue to re-evaluate the model to see if further modifications would be appropriate. Those additional areas of study include: - Tax contributions that may result from new residential development. - Tax contributions that may result from new commercial development associated with a residential development proposal. In addition, the Committee is to review the model to see if there are any components that prohibit growth. • • Applicant: Residential Units (number) SFD SFA MFD Offsets Transportation OUTPUT MODULE EXAMPLE OF OUTPUT 500 Units 0 0 111 111 �_ Transportation Credit worksheet Approved for use by BOS 1 /2014 Residential Input Data Total Cost of Capital Facilities Per Unit Fire And Rescue $273,500 $547 General Government $686,500 $1,373 Public Safety $0 $0 Library $221,000 $442 Parks and Recreation $909,500 $1,819 School Construction $7,749,500 Total $9,840,000 �$19,680 Net Cost of Capital Faclities $8,840,000 ( $17,680 1 REZONING APPLICATION #06-15 OPEQUON CROSSING Staff Report for the Planning Commission Prepared: September 25, 2015 Staff Contacts: John Bishop, AICP, Deputy Director - Transportation Reviewed Action Planning Commission: 10/07/15 Pending Board of Supervisors: 10/28/15 Pending PROPOSAL: To modify proffers on 177.71 acres consisting of two developments previously known as the Haggerty Rezoning and the Opequon Crossing rezoning, now collectively known as Opequon Crossing. The proffer revision seeks to implement policy enabling cl'c(llts for proffered transportation improvements. LOCATION: The site is located south Of' the existing terminus Of Eddys Lane (Route 820) and South of Route 7 adjacent to Opcquorl Creek and the Opcquon Water Reclamation Facility. EXECUTIVE SUMMARY FOR THE 10/07/2015 PLANNING COMMISSION MEETING: The Opequon Crossing proffer modification request is seeking to establish credit values reflective of the extensive transportation improvements previously proffered Nvith the Haggerty property (Rezoning #14-05, and its revision #04-07) and the Opcquon Crossing (Rezoning #12-07) rezoning applications. In 2013, the Board of Supervisors adopted policy to allow for the value of proffered transportation improvements that are over and above what is needed to mitigate the impacts of the development to be taken as a credit against the projected capital facility impacts for the development. This proffer revision is the first application to scck to utilize this transportation credit. Staff has concerns with the applicant's valuation of the previously proffered t1'a11SpO1'tatiO11 improvements, and the subsequent credits reflected in the revised proffer. Staff' believes some of the credits included in the profTer revision seek to obtain credits for misrepresented valuations, and for improvcments that were the result of a land exchange with the Opequon Water Reclamation Facility property and should not qualify as transportation improvement credits. Staff rcco m ends that the Planning Commission fully understand the transportation credits, and agree on the valuations, prior to forwarding a recommendation to the Board of Supervisors on this proffer revision application. 1`ol1owing, the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised Gy the Planning Commission. Rezoning 06-15 Opequon Crossing September 25, 2015 Page 2 This report is prepared k), the Frederick Comfit), Planning Staff' provide iirforination to the Planning Commission and the Board of'Supervisors to assist their in making a deckioll oil this application. It rilah also be uscfid to others interested in this zoning matter. Unresolved issues concerning this application are noted b1, staff Where relevant throughout thLS Staff report. PROPOSAL: To modify proffers on 177.71 acres consisting of' two developments previously known as the Haggerty Rezoning and the Opequon Crossing rezoning, now collectively known as Opcquon Crossing. LOCATION: The site is located south of the existing terminus of Eciclys Lane (Route 820) and South of Routc 7 adjacent to Opequon Creck and the FCSA tl'catment facility. IVIAGISTERIAL DISTRICT: Rcdbucl PROPERTY ID NUMBER(S): 55-A-210, 212, and 212A PROPERTY ZONING: B I (Neighborhoocl Business) District, RP (Resi(lcntial Performance) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Agricultural) Use: Resicicntial/Agricultural South: RA (Rural Agricultural) Use: Resi(lcntial/Agricultural East: FWSA/Clarke County Use: Agricultural/Government West: RP Use: Residential PROPOSED USES: Mixed residential uses with a small commercial component. REVIEW EVALUATIONS: Virginia Department of Transportation: Please see allached e-mail from Llo),d Ingram dated Jul), 31, 2015. Frederick County Attorney: Please see allached letter.i•om Rod I4171liams dated August 17, 2015. PlannillL & ZOIlin 1) Site History This area was (lesignated as RA (R(iral Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The Haggerty portion of this rezoning was rezone(] to RP (Resi(lential Performance) as part o1' Rezoning #14-04 on January 19, 2005 and subscquently ha(1 proper mo(hficatons oil July 25, 2007, and November 18, 2009. The B 1 (Neighborhoo(l Commercial) commercial component was added in the November 2009 moclification. The Opcquon Crossing property was rezoned to RP (Residential Performance) in 2009 as part of' Rezoning # 12-07. E Rezoning 1106-15 Opcquon Crossing September 25. 2015 Pagc 3 2) Comprehensive Policy Plan The Frcderick County Comprchensivc Policy Plan is an 011-16a1 public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of'conlnuulity life. 'File primary goal of' this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan I'or the litture physical development of' Frederick County. [Comprehensive Policy Plan, p. 1-1] Land U.ve The parcels comprising tills rezoning application are located Within the Coiulty's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The UDA defines the general area in which more intensive forms of' residential development will occur. In roperty is located within the Senseny/Eastern Frederick addition, the Opequon Crossing p Urban Area Plan. This land use plan calls Ior the property under consideration to be residential in nature. Transportation The Frederick County Eastern Road Plan provides the guidance regarding illtUi'e arterial and collector road connections in the eastern portion of' the County by identifying needed connections and locations. Plans for new development should provide for the right-of-ways necessary to implement hlallilcci road improvements and new roads shown oil the road plan sliould be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of' the plan. This property is significantly impacted by the Route 37 corridor as acknowledged in previous versions of this rezoning. 3) Potential Impacts Fiscal Impacts The fiscal impact of the current proposed modification is limited to the amount of the credits being requested by the applicant which total $2,846,106.00. Staff has prorided concerns regarding some of the credit requests in the staff conclusions summary. 4) Proffer Statement — Dated September 2, 2015 The Opequon Crossing proffer modification request is seeking proffer credit for regional transportation improvements per the Board 01' Supervisors action of December 6, 2013 which allows for the value of'proffered transportation improvements that are over and above what is needed to mitigate the impacts of the development to be taken as a credit against the monetary proffers for the development. Rezoning 1106-15 Opequon Crossing September 25. 2015 Pagc 4 The applicant is seeking credits in the following amounts: 1. Route 37 Right-of-way $1,089,000.00 2. Obscuring Route 7 Entrance and Median Crossover for FWSA: $75,000.00 3. New FWSA Access Road $431,250.00 4. Alignment of Haggerty Blvd and EB Route 7 Left turn lane $1,250,000.00 Total Transportation Crcclit Value $2,846,106.00 Per Unit Value (base(I upon 574 dwelling units) $4,958.00 Additional proffer mociifiications are as follows: 1. Reduction of maxi111U111 dwelling units From the currently approved 625 to 574. A reduction oI' 51 units. 2. Removal of the right-of=way dedication of the cast west collector roacl previously planned to go to Valley Mill Roacl. 3. Removal of the escalator clause. 4. Removal of section of Haggerty Blvd extending soutll to the property line within the Route 37 right-of-way area. Addition of the ability to use Transfer of Development Rights as an option to the monetary proffers. SUMMARY FOR THE 10/07/15 PLANNING COMMISSION MEETING: For a starting point the developments, which were approved under clilferent versions of the Development Impact Moclel (DIM) would neecl to be updated to the current proffer moclel. Existing proffer amounts for the Haggerty portion of this rezoning is $10,21 1.00 for cletaehecl resiclential and $8,051.00 for attached residential. Existing proffer amounts for the original OpcgU011 Crossing rezoning are .$26,664.00 for detached residential and $18,441.00 for attached residential. Tile current Development Impact Modcl (DIM) projects capital Iacility impacts of $19,583.00 for detached residential and $13,437.00 for attached residential. This is the amount that woulcl be applied as a starting point, before credits, Ior the entire Clevelopillcnt. Staff has concerns with the credit valuations as follows: The credit for Route 37 right-of-way is basecl upon 6 lots per acre at a value of $20,000 per lot for a total of'$1,480,000.00. That request is then reduced by $390,144.00 to offset the fact that the applicant is no longer proffering to extend I-Iaggerty to the Southern property line. Staff has concern that the credit for right gf' w(q should not be based gff gf'the elevated residential vahre granted to the parcel by the Board at the original rezoning, but on the underlying RA zoning of'the property. The credits related to closing the Opequon Water Reclamation Facility (OWRF) entrance and crossover and providing a new access road to OWRF are $75,000.00 and $431,250.00 respectively. Staff understands that these items Were part of'the agreement between the applicant and Frederick lVinchester Service Authority (F11,SA) to gain access to Route 7 .for the Haggerty development and, as such, should not be now viewed as credits in this package. • Rezoning 1106-15 Opequon Crossing September 25. 2015 Page 5 3. For the alignment of Haggerty Blvd and EB Route 7 Left Turn Lane the applicant is seeking a credit of S 1,250,000.00. Staff' would suggest that more analysis Of this Credit is nccdcd f0110\vcd by a possible adjustllicilt. While staff' would agree that the EB left tl11•11 lane for the future ramp is worthy Of credit, it is staffs understanding that the ehange in elevation of'the westbound hares of'Route 7 would be required to enable Haggerty Blvd to !rave (i full entrance and were not required sole%1, to accommodate.fiiture Route 37 ramps. Regarding the additional proffer modifications. I. Reduction of nlaxinlunl dwelling units. Staff has no concerns. 2. Removal of the right-of-way dedication of the cast west collector road. Staff has no concerns. 3. Removal Of the escalator Clause. Stuff is not supportive of the removal of' the escalator c1mise. While there was a recent rezoning proffer modification that did not have an escalator clause, the original version of that particular rezoning also did not have an escalator Clause. Escalator Clauses C011t111UC t0 be recommended practice to mallltaill the value Of' cash proffers within the scope Of monetary inflation. 4. Removal of the section of 1-laggerty Blvd extending to the southern property line. Staff sees the logic in not builCling that segment of roadway in the near future due to a potential lack of use and subsequent deterioration. However, given the fact that the Board felt that this contribution was justified as part of the overall package to offset the impacts of the proposed rezoning, staff WOLIICI expect that that value Is made Llp elsewhere ill the rCZ011lllg. Ill summary, while staff would agree that there is good potential to make use of credits for this rezoning the question 1•C111a111S 011 the proper Valuation of the property. Some items claimed as credits were simply the applicants cost Of doing business and should not be passed on to the County in the form of a credit. The Route 7 improvements will require a greater breakdown to tell what portions of that improvement should properly be deemed regional improvements and not improvements required to gain frill access for Haggerty Blvd. Finally Staff would note that, depending upon the build out time line of the project, the removal Of tllC CSC11atOl' Clause Could haVC a SIgnitiCallt IlegatlVe 11111)aCt 011 the 1-Cal Value Of the monetary proffers. Following the requll'ed public hearing, a recommendation regarding this rezoninf,, application to the Board of'Supervisors would be appropriate. The applicant should be prepared to a(leguately address all concerns raised by the Plynning, Commission. Opequon Crossing � 7 Proffer Amendment Lq 6. `-5' es• aa r • e�T y a► _ . �VALLEY- MILL r .i' "+� - •� { e• r — RD it FIELDSTONE® i •';r, �'` Subdivision � ;�... t• , �, _ o €m / b =RIEGN 9 j LAGE A fivision p 2 9 4 12 d CLARKE • / j i COUNTY VIRGINIA Q • �J TWIN LAKES Q=� OVERLOOK s Subdivision 't� • If ' 1 Applications 9kr Parcels vur ry wu ao � Future RI 37 Bypass Building Footprints r 81 (Business. Neighborhood District) B2 (Business. General Distrisl) B3 (Business. Industrial Transition District) EM (Extractive Manufacturing District) dr HE (Higher Education District) pe M1 (Industrial. Light District) M2 (Industrial. General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) Note: REZ # 06 - 15 Frederick County Dept of e Crossing Planning Development I� qUOII s g 107 N Kent St PINS: Suite 202 ' 5 - A - 210, 55 - A - 212. 55 - A - 212A Winchester, VA 22601 I'rofter Amendment 540 - 665 - 5651 Map Created: September 14. 2015 Staff: jbishop n e71; a5n 1.900 Feet REZ#06 - 15 Opequon Crossing PINS: 55 - A - 210,55 - A - 212,55 - A - 212A Proffer Amendment MILL RD , CANYON RD f yr E CANYON'RO� �+4I09}II WN�LM� I I I:ANYON. RD- '4':.►81 �.-ANYONRD7 LL:CO'SE%DR 122 CA,NIYA -, D' * 219,.% M SON RD1i# SENSENYYja r SENSEFGLEN.DR PDT 13IjbjGLENDR✓••L� ,CANYON RD. , IRD 202 � w t. i SE SE 101 ---�GLEN�OR 207i!ItAi�Ela''.. E � � • 1560 590 VALLEY VALLEY RD y M!i f RD lEl 14% .- ! I— euu - i. VALLEY EDDYS LN ,151 MILL EDDYS LN I IS9 1194 EDDYS LNG; , OVAL l ft- i _d3C .' _ N ' ��,� "r.;j• is - 23J .-, - I372! EDDY S Mt- VAH rI • 0 REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S) PROPOSED PROFFER STATEMENT RZ JI Residential Performance (RP) to Residential Performance (RP) 174.98 +/- Tax Map Parcel 55-A-210, 212, & 212A (the "Property") The Canyon, LC The Canyon, LC Opcquon Crossing May 29, 2015 September 2, 2015 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made or submitted, prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as the rezoning which is in effect on the clay following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Opequon Crossing" dated May 29, 2015 and revised August 19, 2015 (the "GDP"), and shall include the following: Page 1 of 8 i 1. LAND USE 1.1 No more than 574 dwelling units shall be constructed on the property. Multi -family dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial conformance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. 2. PARKS AND RECREATION: 2.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 250°i building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-402.08 of the Frederick County Code. The recreation building shall be an enclosed clubhouse with a minimum finished floor area of 3,000 square feet. Additionally, the Applicant shall construct a neighborhood swimming pool or pools with a minimum water surface area of 3,500 square feet. The swimming pool(s) shall be constructed concurrent with construction of the recreation building and shall be permitted to count towards the recreation requirements for the Property as required by the Frederick County Zoning Ordinance. Other recreation amenities shall be further defined at time of Master Development Plan. 2.2 The Applicant shall contribute to the County the sum of $1,361 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 2.3 The Applicant shall contribute to the County the sum of $887 per single family attached unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 2.4 The recreation building and swimming pool(s) provided for by Proffer 2.1 shall be owned and maintained by the homeowners association ("HOA") for the Property. 2.5 A trail system utilizing a 10' wide asphalt surface shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail system shall be provided, at minimum, in the areas depicted on the GDP. The HOA shall be responsible for the ownership and maintenance of the trail system. Public access easements shall be provided for the trail system to allow use of the trail system to the general public. Page 2 of 8 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County the sum of $409 per single family detached dwelling unit for fire and rescue purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 3.2 The Applicant shall contribute to the County the sum of $259 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 4. SCHOOL CONSTRUCTION: 4.1 The Applicant shall contribute to the County the sum of $11,594 per single family detached dwelling unit for school purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 4.2 The Applicant shall contribute to the County the sum of $6,691 per single family attached dwelling unit for school purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 5. LIBRARY: 5.1 The Applicant shall contribute to the County the sum of $331 per single family detached dwelling unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 5.2 The Applicant shall contribute to the County the sun of $216 per single family attached dwelling unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 6. GENERAL GOVERNMENf: 6.1 The Applicant shall contribute to the County the sum of $1,027 per single family detached dwelling unit for general government purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 6.2 The Applicant shall contribute to the County the sum of $669 per single family attached dwelling unit for general government purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. Page 3 of 8 7. CREATION OF HOMEOWNERS' ASSOCIATION: 7.1 The residential development shall be made subject to an HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including but not limited to the recreation building and associated swimming pool(s), excluding any areas that may be dedicated to Frederick County (the "County") or other public entities. For each area subject to their jurisdiction, the HOA shall be granted such responsibilities, duties and powers as are customary for such associations or as may be required for such HOA herein. 7.2 In addition to such other duties and responsibilities as may be assigned, the HOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use including stormwater management facilities, (ii) common buffer areas located outside of residential lots; (iii) establishing and managing a common solid waste disposal program; (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the 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. 7.3 The Applicants hereby proffer to establish a start-up fiend for the Opequon Crossing Homeowner's Association (OCIIOA) that will include an initial lump sum payment of $2,500.00 by the Applicant prior to issuance of the first certificate of occupancy for any dwelling constructed on the Property and an additional payment of $100.00 by the homeowners at the initial closing for each platted lot purchased within the Opequon Crossing community. Language will be incorporated into the OCHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the OCHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCHOA. The start-up funds for the OCI-IOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and/or other operating expenses and/or capital expenses of the OCHOA. 8. WATER & SEWER: 8.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA"). Page 4 of 8 0 9 8.2 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 st building permit is issued. (See 1 on GDP) 8.3 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Scnseny Road Regional Sewage Pump Station project. 9. TRANSPORTATION: 9.1 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. 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 I3 on the GDP. The North -South collector- road shall generally run along 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 consistent with existing approved plans for the North -South collector road. '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. The Applicant reserves the right to request for partial funding for the construction of the collector road and VA Route 7 improvements through revenue sharing or other programs as may be available through VDOT and/or Frederick County. 9.2 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7. No building permits shall be issued for any dwelling units located on the Property until such time that the following improvements are constructed at VA Route 7 and the "spine" collector road: signalization, Westbound lanes (1 left, 2 thru), Eastbound lanes (1 right, 2 thru), Northbound lanes (1 left, 1 right). 9.3 The Applicant shall construct an entrance on the "spine" collector road for the Opcquon 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. As part of these improvements, the Applicant shall remove the existing Route 7 median crossing and the existing Route 7 entrance to the Opequon Regional Wastewater Facility. Page 5 of 8 • 9.4 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 shall dedicate the right of way, 250 feet in width, for VA Route 37 across the Property, at no cost to the County, within 90 days of request by the County. 9.5 The Applicant shall construct a single east -west road crossing of the right of way for VA Route 37. Said road shall be designed to accommodate the future Route 37 fly -over bridges. 9.6 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 as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of casement and arc to be 4 feet in height at time of planting. The mix of trees are to be determined through discussions with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. 9.7 Direct lot access to the "spine" collector road shall be prohibited. 9.8 The Applicant shall dedicate sufficient right of way and construct Eddys Lane to VDOT requirements from the north Property boundary to the south Property boundary as depicted on the GDP from Point C to Point D. Said connection shall be made prior to issuance of the 350°i building permit. 9.9 The Applicant shall provide a reserve area that is a maximum of 56 feet in width for a potential future connection between the Property and the adjacent Fieldstone Development to the West. It is expressly understood by the Applicant that approved plans for the Fieldstone Development include no provisions for an interparcel connector and use of the potential interparcel connection area would be at the discretion of the owners of the Fieldstone Development. Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in conformance with the location depicted on the GDP. (See 2 on GDP) 10. HISTORIC RESOURCES: 10.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. Page 6 of 8 C� 10.2 The Applicant shall provide a landscape screen along the Northern Property boundary in the location identified as "Double Row of Evergreen Trees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 feet in width utilizing a double row of evergreen trees that are a minimum 4 feet in height at time of planting with a minimum 3 trees provided per 10 linear feet. Said improvements shall be bonded or installed prior to issuance of a certificate of occupancy for any dwellings within the vicinity of the proposed landscape screen. (See 3 on the GDP) 11. OPTION FOR USE OF TRANSFER OF DEVELOPMENT RIGHT ORDINANCE 11.1 In lieu of the per unit monetary contributions as provided above, the Applicant may utilize the Frederick County Transfer of Development Rights (TDR) program pursuant to Section 165-301 of the Frederick County Zoning Ordinance (the "TDR Ordinance") to provide for development of any/all of the proposed dwelling units for the subject Property. No monetary proffer shall be required for any dwelling unit constructed utilizing the TDR Ordinance, but all remaining proffered commitments, shall remain applicable to such dwelling units. 12. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: 12.1 Any portion of the Property may hereafter be dedicated for public purposes (or otherwise conveyed to a public entity) and such portion so dedicated shall, upon such dedication, be excluded from the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the full force and effect of these proffers. 13 ESCALATOR FOR MONETARY PROFFERS: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval of this rezoning, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) Page 7 of 8 0 • Respectfully submitted, The Canyon, LC By: Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: J L The foregoing instr pent was ackzilpdpc d before me this day of 'L[ , 2015, by c� �. (ia,/ Mae - My commission expires: Ip-3J -15 Notary Public --� 3ro3S3 Page 8 of 8 BLUE RIDGE Mll 0 VALLEY MILL ABRAM5 DOUBL ROW OF EVERGREEN TREES 03 k j A Ro(j POSED/ C/ A PROPOSED— ENTRANCE ROAD FOR WWTP FWSA � O OPEQUON 'mLjrL"" O WWTP EDYS LANE 0 SPINE' ROAD F NNECTION ex 1�: Lmho j \` HIK R/ jF BIKER TRAIL HIKER/ BIKER TRAIL PROPOSED _REC CENTER B HIKER/ ` ` �� / BIKE TRAILOPEN SPACE CONNECTION WITH I_TWIN LAKES PROPERTY TWIN LAKES LANDSCAPE SCREEN 0 GENERALIZED DEVELOPMENT PLAN PENNONI ASSOCIATES INC. 117 E Picadilly St. Vinchester, Virginia 22601 VOICE 667-2139 FAX: 665-0493 O p e q u o n Crossing (540) (W) DATE: 5/29/15 REV: 8/19/15 SCALE: 1' = 700' 0 9 Pennoni PENNONI ASSOCIATES ING CONSULTING ENGINEERS September 3, 2015 Mr. John Bishop, AICP Deputy Director, Transportation Frederick County Planning and Development 107 N Kent Street, Suite 202 Winchester, VA 22601 RE: Opequon Crossing Proffer Modification Request —Transportation Credits Dear Mr. Bishop, As a follow up to our recent discussions, please find attached a revised proffer statement and generalized development plan for the proposed proffer amendment for Opequon Crossing in order to apply a transportation credit under the policy adopted by the Board of Supervisors in late 2013. To aid in your review, I have revised the following background and justification to be consistent with the attached proffer statement and GDP. Background At a work session held on December 6, 2013, the Frederick County Board of Supervisors (the "BOS") adopted a policy to allow for transportation proffer credits for rezoning applications in Frederick County (the "County"). This policy allows for the value of proffered transportation improvements that exceed the scope of the improvements necessary to mitigate the impacts of the development to be taken as a credit against the monetary proffers for the project. The dedication of right of way for future Route 37 through Opequon Crossing is an example of an eligible transportation proffer. In addition, we believe that portions of the improvements associated with Haggerty Boulevard, which implements a roadway planned for by the Frederick County Comprehensive Policy Plan (the "Comp Plan"), are eligible for transportation credits. Opequon Crossing is currently approved for up to 625 dwelling units and the residential portions of the project are currently comprised of two separate, but contiguous, rezoning applications including Rezoning #04-07 for the "Haggerty Property" and Rezoning #12-07 for the "Adams Property." For reference, copies of the existing rezoning approvals are attached. The Haggerty Property is permitted for up to 300 dwelling units and the Adams Property is permitted for up to 325 dwelling units. The Haggerty Property was originally rezoned prior to the major overhaul of the County's proffer model in 2005, resulting in a lower monetary proffer compared to the Adams Property. The current per unit monetary proffer amounts, as required by the approved proffers for the Haggerty and Adams properties, is as follows: Table 1. Existing Monetary Proffers Dwelling Type Haggerty (300 du) Adams (325 du) Single Family Detached $10,211 $26,664 Single Family Attached $ 8,051 $18,441 117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493 mwi.pennoni.com Opequon Crossing September 3, 2015 Page 2 Transportation Credits The current Frederick County Proffer Model identifies the following per unit monetary proffer guidelines: Table 2. Current Frederick County Impact Model Single Family Detached $19,681 Single Family Attached $13,681 Proposed Proffer Amendment In order to utilize the policy for transportation proffer credits, we understand that the project would need to conform to the current County Proffer Model. Accordingly, the proposed proffer statement combines the Haggerty and Adams under a single rezoning application for Opequon Crossing, thereby increasing the Haggerty monetary proffers and decreasing the Adams proffers to be consistent with the County's current proffer model. The monetary proffers reflect a total transportation credit of $2,846,106 for both dedicated right of way and constructed improvements. In addition, while the current zoning approvals enable up to 625 dwelling units, the proposed proffer statement reduces the maximum number of dwelling units to 574. The resulting per unit transportation credit would be $4,958 as depicted in the following tables: Table 3. Single Family Detached — Transportation Credit Adjustment Current Model Credit Adjusted Proffer Fire and Rescue $547 ($138) $409 General Government $1,373 ($346) $1,027 Public Safety $0 ($0) $0 Library $442 ($111) $331 Parks and Recreation $1,819 ($458) $1,361 School Construction $15.499 ($3,905) $11,594 TOTAL $19,681 ($4,958) $14,722 Table 4. Single Family Attached— Transportation Credit Adjustment Current Model Credit Adjusted Proffer Fire and Rescue $406 ($147) $259 General Government $1,050 ($381) $669 Public Safety $0 ($0) $0 Library $338 ($122) $216 Parks and Recreation $1,391 ($504) $887 School Construction $10,495 ($3,804) $6,691 TOTAL $13,681 ($4,958) $8,722 The following values for dedications and improvements were used to determine the transportation credit. • 0 Opequon Crossing September 3, 2015 Page 3 Transportation Credits Route 37 Right of Way: $1,480,000 Value Less Haggerty Blvd Extension ($390,144) Net Transportation Credit $1,089,856 Credit Opequon Crossing provides for 12.47 acres of right of way for future Route 37. At a density of 6 units/acre, as permitted by the Frederick County Zoning Ordinance, the right of way area for future Route 37 has the potential to yield 74 dwelling units. Assuming a value of $20,000/dwelling unit, the value of the Route 37 Right of Way is $1,480,000. In recognition that the proposed proffer revision does not include the extension of Haggerty Boulevard as two lanes of Route 37 to the southern property line, and despite the fact that this road extension would be eligible for a proffer credit itself, the Property Owner has proposed to provide an offset of $390,144 for the road extension against the overall right of way value as a public benefit. Thus the adjusted transportation credit value for the Route 37 Right of Way is $1,089,856. Obscuring Route 7 Entrance and Median Crossover for FWSA: $75,000 Credit The construction of Haggerty Boulevard includes a new, signalized intersection on Route 7 and will provide for a new access road from Haggerty Boulevard for the adjoining Opequon Treatment Plant for the Frederick -Winchester Service Authority. With this new access point provided, the existing median crossing of Route 7 and the current entrance to the Opequon Treatment Plant on Route 7 will be removed. New FWSA Access Road: $431,250 Credit As mentioned previously, the designed improvements include a new 1,150 foot long access road for the FWSA from Haggerty Boulevard to serve the Opequon Treatment Plant. The pavement section for this roadway utilizes an open ditch section and includes significant earthwork, including fill conditions of more than 30 feet in select areas. The design of the FWSA access road includes a pavement section of 10" 21-13, 4" BM-25, and 1.5" SM-12.51D. Alignment of Haggerty Boulevard and EB Route 7 Leff Turn Lane: $1,250,000 Credit To accommodate the long range land use plans for the area, the alignment of Haggerty Boulevard's signalized intersection with Route 7 is located to accommodate the northbound on and off -ramps of future Route 37. In addition, the proposed improvements for the intersection of Haggerty Boulevard include an eastbound left turn lane on Route 7, which will ultimately serve traffic accessing the northbound lanes of future Route 37. In order to align Haggerty Boulevard with the ramps for future Route 37, significant earthwork work is required on Route 7, including raising the westbound travel lanes by more than five feet. Total Value of Transportation Credits: $2,846,106 Per Unit Value (574 dwelling units): $4,958 0 0 Opequon Crossing September 3, 2015 Page 4 Transportation Credits Other Proffer Modifications In addition to the above modifications to the required monetary proffers, in recognition of the plans to re -align Valley Mill Road to the north to a new intersection with Route 7 rather than through Opequon Crossing, the proposed proffer amendment removes the right of way dedication for an East-West collector road through Opequon Crossing. As mentioned above, the proposed proffer amendment also removes the section of Haggerty Boulevard which extended into the Route 37 right of way to the southern Property boundary. These improvements would otherwise be eligible for a transportation credit, but avoiding construction of this portion of roadway would likely be more beneficial to avoid issues associated with a constructed roadway sitting unused for an unknown period of time until an unfunded, off -site extension can be completed. Lastly, in addition to minor edits and clean up type items associated with merging the two existing proffer statements, the proposed proffer amendment would permit the use of the County's Transfer of Development Rights (TDR) Ordinance as an option to the monetary proffers. The proposed amendments would reduce the overall project lot yield from 625 units to 574 units and ensure that all units within the project are subject to the County's current impact model. The project includes substantial transportation improvements that well exceed the impact of the development itself, which should allow for application of the transportation credit policy as adopted by the Board of Supervisors. This policy and its application at Opequon Crossing helps to ensure that entitled lands within the LIDA are developable and are able to accommodate residential growth in the areas planned for by the Frederick County Comprehensive Plan. If you have any questions or comments, please feel free to contact me at (540) 667-2139. Sincerely, PENNONI ASSOCIATES INC. Patrick Sowers Senior Project Engineer 0 0 A Nq l,ANI)AW,ly T Action: PL ANN.- LING COMIvIISSIGN: Oclobcr 21, 2001) - IMARID Ol" SUI IZVI MS: Novcnlhcr 18, 2009 Recommended Approval II-D APPR(All-'D IA l)I NII?1) AN ORL)1NANC1 AMI NI.),INC; rI-IF_ %O-NI -NG Dl _J'I.Z:ICT MA - RI,ZON1N(i J112-01 OI UPliOI_1ON CROSSING W11 KI2.E.AS. I umiing Ill X07 ot'011cclnon Crossing, subnlillcd b),Pal(on I larris Itu a <<: Associates, to rezone 70.1 `� �ICI'Cs Troll I�;\ (IZtiral .^zoos) I)islricl lu RP (P.csidential Pcrliirnl�lncc)1)i,:U icl, with I'�ruf(ci:ti doled April 10. 2007. last revisal uu Noveinhc•r 19, 2009, fizz up to 32 5 single fanlily atlachecl ,Intl dctac}lcd residential Units. w:ls consicic., i1. The properly is loc•.awd south of die existing terminus of I•.cldy's lm". (Route 820), approximal.ely'?,400 feel t:outh ofRm& 7 and 1,650 Icet WON o Opequon ('rate, in the Red laud MagisICI'lal Distric . and is idemi led by Properly Identification Number 55-A-210. MqI RREAS, the Planning Wilmission held a public hearing on this rczonirl ,, on Octol-wr 21, 2009: and WI -IF R 1-.,AS) the T,oaM of SupwAsm•s held a pubhe hearing oil this rczollillg oil Novelllber 18, 2009; and \VHER FAS, the Prcdcrick Couniy Board of Supervisors Finds the approval of this rezoning to he in the best interest of the public health, safely, welfare, MA in con5mnwxc with the Comprehensive Police Plan; NOV`,', r!'I I ?REFO R ,, 13E IT 01WA.IN V,I) by the Prcdcrick C:'ounly Board of Supervisors that Chapter 165 of the Frederick County Code, %oM& is anlmxkd to revise the Zoning I)lstrict Map to rezone 70.15 acres from RA (Rural Areas) District to RP (Residential Performance) District, for up to 325 single family attached and detached residential units. The conditions voluntarily proffered in writing by Be applicant and the property owner are attached. PDRI:SVA49 • This ordinancc shall he in cl7cc1 on the date ol'ac opliorl. llws wd this I8th ckr). kil'NIovcm1ILT, 2009 hY tlic. followinf; rccordcd vote: Richard C. Shicklc. Chninnan /ova ( Inr), W. Dove Cicnc l :. l'ishca' Philip A. Lemieux 1'DRESf44•09 Gary A. Loflon A),v hill M. l :wing, A)'` ('harks S. 1.)cl l rvcn, .lr. l%yc A COl' ' A'I,.1.1-,ST Ir�Ini I'Z.. IZ.i1c.y.. Frcdcrick ('ounly AdmiirisU'alor 0 RE -ZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NA14E: ORIGINAL DATE Of PROFFERS: REVISION DATE(S): PRC)POSED PROFFFIZ S'FATENIEN'I' RZ. I/ Rural Areas (RA) to Residential Performance (R.11) 7R 15 Q Tax Map Parcel 55-A-2.10 (the "Property") The Canyon, LC The Canyon, LC Opequon Crossing April 10, 2007 6/28/07; 8/27/07; 10/10/07; 6/16/08; 1 1/16/08; 12/5/08; 2123/09; 9/24/09; 11/9/09; 11/18/09 The undersigned hereby proffers that the use and dcvclopment of the subject properly ("Properly"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made or submitted, prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed "Achown and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as the rezoning which is in erreel on the clay following the last clay 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, all(] the Applicant elects not to submit dcvclopment plans until such contest is resolved, the term rezoning shall include the clay 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 or any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properly adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The lean "Applicant" as rerorcnccd 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, Opcquon Crossing" dated April 10, 2007 revised November 9, 2009 (the "GDP"), and shall include the following: Page I of 8 • 0 LAND USE No more than 325 dwelling units shall he constructed on the property. A maximum of 170 of the residential d\wclling units constructed on the Properly may be single family attached d\velhng units. Multi-flllllly dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial collfol'111ance with the Generalized Development Plan provided that Illlllor 111odlhCations arc permitted during the Master I)CVC101)Illcllt Plan and final ellginccring process. 2. CONDITIONS PRECEDENT TO THE- ISSUANCE OF PERMITS AND PLAN APPROVALS. 2.1 Construction of the 325 residential dwelling units shall be phased over a three-year period Commencing with (Ile dale 01'approval for the final Master Development Plan. ]'lie Applicant shall not make application fbr Illore 111a11 109 building permits for residential dwelling units for each 12 month period following the date of approval for the Final Master Development flan. Additionally, the Applicant shall not Illake application for a building pellllt for any dwelling unit located on the Property for a minnnum of 3 years follo\\,ing the date of final rezoning (DFR). 2.3 The above referenced phasing limitations shall be cunlultltiwe. Notwithstanding anything to the contrary contained in these Proffers, should market conditions dictate a slower pace of construction of the residential dwelling units on the Property, the tinge schedule for total build out of the Properly may exceed three years. 3. PARKS AND RECREATION: 3.1 The Applicant shall design ill(] build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 50°i building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-64 of the Frederick County Code. The recreation center shall be an enclosed clubhouse with a mininlurll finished floor area of 3,000 square feet. Additionally, (lie Applicant shall construct neighborhood swimming pools with a nlinillnnll water surface area of 3,500 square feet. '['Ile s\winlllling pools shall be constructed concurrent with construction of the community center and shall be punlitted to count towards the recreation requirellents for the Properly as required by the Frederick County Zoning Ordinance. Olher recreation amenities shall be further defined at time of Master Development Plan. Page 2 of 8 • C� 3.2 The Applicant shall contribute to the Count), the sum oFS1,970 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family detached unit. 3.3 The Applicant shall contribute to the County the suns of $1,507 per single family attached unit for parks and recreation purposes, payable upon the issllailce Ora building permit for each single family attached unit. 3.4 The recreation building shall be owned and maintained by the homeowners association ("HOA") for the Property. 15 Use of the recreation building shall be We available to the residents or the adjacent Aggerty Property SubcHAMon provided the rAdGlts cOiltrlhlitc oil a pro rasa basis toward operation and maintenance of the facilily. 3.6 A trail system utilizing a HY wide asphalt surface constructed to VDOT standards shall be incorporated into the design or the Property and shall be depicted on the Master Development Plan. Said (rail system shall be provided, at illinhilulll, along the proposed Cast -West Collector Road provided per Proffer %2 as well as the extension of Eddys Lane to connect with the adjacent "Twin Lakes development to the South and shall be installed conclirrellt "it consmuctimi of those roadways in(] also along the internal collcc(or roadway to the Western Properly boundary is depicted on the GDP. The HOA shall be responsible for the ownership and mainlenallce of the trail system. Public access easements shall be provided fbi- the trail system to allow use of the trail system to the general public. PARE 8; RESCUE: 4.1 The Applicant shall contribi to to the County the sum of $713 per single ramily detached dwelling unit for fire and rescue purposes, payable upon the, issuance of a builditg perm(( Ar each single family detached unit, 4.2 The Applicant shall contrlbllle to the County the sum of $529 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. S. SCHOOL CONSTRUCTION: 5.1 The Applicant shall coMdbMc to (lie Count), the surn of $ 18,494 per single family detached dwelling unit for school purposes, payable upon the issuance of a building pcmiit for each single family detached unit. 51 The Applicant shall contribute to (ile County the Slllll oM 3,033 per single family attached dwelling unit for school purposes, payable upon the issuance Ora building permit for each single faillily attached unit. Page 3 of 8 6, LIBRARY: 6.1 The Applicant shall contribute to the Colmly the sum of $487 per single family detached dwelling unit for library purposes, payable upon the issuance of a building pemlit Nr each single family detached unit. 6.2 The Applicant shall contribute to the County the stun of $3 72 per single family attached dwelling unit for library purposes, payable upon the issuance of a bllllding perllllt fol' each single lentil, attached unit, 7. CRE-AT►ON OF HOMEOWNERS' ASSOCIATION: 7.1 The residential development shall be lllade subject to an HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including but not limited to the recreation building, excluding any conservation areas that may be established in accordance herewith which are specifically dedicated to Frederick County (the "County") or others. l"or each area subject to their jurisdiction, the HOA shall be granted such responsibilities, duties and powers as are cumonmuy for such assodaHons or as play he required for such IlOA herein. 71 In addition to such other duties and responsibilities as may be assigned, the HOA shall have title to and responsibility for (i) all conlllloll opell areas not othewise dedicated to public use including slornlwater management facilities, (ii) common buffer areas located outside of residential lots; (iii) establishing and managing a conlllloll solid waste disposal program; (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within casc ncims to be grmVcd to the HOA if platted within residential or other lots, or othmm ise granted to the HOA by appropriate instl'lllllclll and (v) responsibility for payment for maintenance of streetlights. 7.3 The Applicants hereby proffer to establish a start-up fund for the Opcquon Crossing Ho111cowner's Association (OCI-1OA) that will include an initial Imp sum payment of $2500.00 by the Applicant prior to the initial closing IS any platted lot purchased and an additional paynlenl of $100.00 by the hollicowners at the initial closing for each platted lot purchased within the Opcquon Crossing collilllnnity. Language will be incorporated into the OCI-IOA Dcclaradon of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the OCHOA prior to the transfer of ownership and maintenance responsibiHly front the applicants to the OCI-IOA, The start-up funds for the OCI-f0A shall be made available for the purpose of maintenance of Al improvements within We common open space areas, liability insurance, street light assessments, and property management and/or legal fees. Page 4 of 8 0 0 S. WATER & SI11'I R: S.l The Applicant shall be responsible for connecting the l'roperty to public water and sewer, and for consU acting ►III facilities re(luired for such connection. All water and SCwcr illfrastructurC shall be ConstructCd ill accordlulce with the requirements of the Frederick County Sanitation Authority ("(lie FCSA"). 9. TRANSPORTATION: 9.1 The Applicant hereby proffers $3,000.00 per single family attached dwelling unit and $5,000.00 per single family detached dwelling unit in monetary contributions that are to be utilized for (lcsign 1111(1 construction of road improvcnletlls to alleviate transportation problems ill Frederick C'ounly. It is expressly understood that the County nla)l be applying to VDOT for revenue sharing ftlilds and that any monies paid may bC utilized by the County for Illat purpose. This monetary contribution shall be provided to Frederick County at the lime of building pel-Mit ISSUal1CC for' CaCll (NIClll)lg tllllt. 9,2 NXildlin 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate SO feet of right of way in coil for►nalice with the location depicted on the GDP from Point A to Point C for the future relocation of Valley Mill Road. 'I11e dedicated right of way width may increase to up to 120 feet where necessary to accommodate turn lanes and/or pedestrian accommodations as determined by VDOT and Frederick County. The alignment of the right of way dedication area shall be in accordance with the planned alignment of future Valley Mill Road 41er the Frc(Icrick County raslull (toad Plan. Prior to issuance of the 100'' building permit, the Applicant shall construct the southern two lanes of a U4D roadway from Point A to Point 13 as dcpictcd on the GDP. 9.3 The Applicant shall de(licatc sufficient right of way and Construct Lddys Lane to VDOT requirements from the north Properly boundary to the south Properly boundary as dcpictcd on the GDP from Point A to Point D. Said connection shall be made prior to issuance of the 50"' building permit. 1'agc 5 of 8 • 0 9.4 No building permits shall be issue(] for the Properly until such tinge that the Properly has access to Route 7 via the future I-laggerly T,1111sporlation Network as identified on (Ile GDP. In order to connect with the ]-Haggerty Transportation Network, the Applicant shall dedicate 80 feet of fight of way and construct (he Southern two lanes of a LMD roadway to connect from the extension of Eddys Lanc to the Eastern Properly Line as depicted on the GDP. The right of way width may increase to up to 100 feel to accommodate turn lanes as determined by VDOT. Additionally, no building permits shall be issued for the Properly 111161 such time that the Haggerty "Spine" ]load has been completed to the Southern property line of the adjacent Haggerty Properly per Proffer 13.2 for R% 1104-07, "Haggerty Property" as approved by Frederick County on July 25, 2007. Additionally, 110 building permits shall be issued for the Property until such time that the following llllprovelllcllls arc constl•uctcd at the intersection of Route 7 and the l laggcrly "Spine" Road: signalization, Wcstbound lanes -- 1 le 1, 2 thru, Eastbound lanes l right, 2 thru, Northbound lanes --- 1 lefl, l right. 9.5 The Applicant shall provide a rescfvc area that is a maximum of 56 feet in width for a potential future connection between the Property and the adjacent Fieldstone Dcvclopnlcnl to the west. It is expressly understood by the Applicant that approved plans for the fieldstone Development include no provisions for an interparcel collllcctol- and use of the potential interparcel connection area would be at the discretion of the owners of the Fieldstone Dcvclopnlcnl. Within 90 clays of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in collfol'lllilllcc with the location depicted on the GDP. (See I on GDP) 10. HISTORIC RESOLIRCES: 10.1 "file Applicant shall corllplctc a survey documenting ally historic structures Oil the Property in general accorclance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to fre(lcficic County Planning Staff and shall be completed prior to delllolltloll of any buildings located on the Property. 10.2 The Applicant shall provide a landscape screen along Ilic Northern Property boundary in the location identified as "Double Row of Evergreen 'frees" on the GDP. Said landscape scl-ccll shall consist of a landscape easement at ]cast 10 feet in width utilizing a double row of evergreen trees that arc a nlininlum 4 feet in height at time of planting with a 1111nin1L1111 3 trees provided per 10 linear feet. Said improvements shall be bonded or installed prior to issuance of a certificate of occupancy for any dwellings within the vicinity of the northern property boundary. Page 6 of 8 I L L-=MOSION O1= 1'11I3L1CPROPI;R'1'Y FRON/I PROI,t'ERS: Any portion of the Properly may hcrcafler be dedicated for public street purposes (or otherwise conveyed to a public cnlily) and such portion so dedicated shall, upon such dedication, be excluded from the terms and conditions of these Proffers and the rcn Wnder of the Property shall continue to be subject to the full force and effect of these proffers. 12. ]ESCALATOR CLAUSE-: 12.1 In the event the monetary contributions set forth in the Proffer Statement arc paid to lllc Board wllhin 30 months or the approval or this rczwAng, 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 f��llowing the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Pricc Index (CPI-U") published by the United States UcparUnent of- Labor, such that at the time of contributions are paid, they shall be adjusted by the per entage change in the CPI-U from that date 24 months after the approval of ibis rezoning to the most recently available C'PI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. • 0 Respectfiilly submitted, Tl,c Canyon, LC Bv: Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Th The foregoing instrument was acknowledged before me this day of 2009, by My commission expires: I ��/�,� ;,ar2d 5T 2 c1 ,- Notary Public'' t�e(3 '0 / 5 '/ `07 4 Page 8 of 8 1 BLUE RIDGE MI VALLEY • �n N111. CW FWSA OPEQUON tt�•�w WWII' nuxnhu R/W RESERVE A FOR FUTURE DOUBL _ ROW OF VALLEY MILL D CONNECTION 11 EVERGREEN TREES CONS T CT 2 LANES OF C _ Q A �EAS EST COLLECTOR 0000 u°e°o�o o°uau oe aa�onn �-�f--`�I y / oaao eoo 000 ac000°eooe pap � . �"'� o -+—EDDYS LANE CONNECTION HAGGERTY ,I—1RANSPORTATION NETWORK ,._,-' HAGGERTY , CONNECTION / HIKER/ PROJECT TTRAIL SITE PROPQkl-KCREATIDN�, I IAGGERTY CENTER LOCAT1I N-.__CONN, �l CTION WITH TWIN ELAKES PROPERTY / TWIN LA n FUTURE VALLEY MILL C❑NNECTI❑N n i m Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540,667.2139 F 540.665.0493 DATE: 4/10/07 REV: 11/9/09 GENERALIZED DEVELOPMENT PLAN Opequon Crossing SCALE: 1" = 700' i i 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 1104-07 PROFFER AMENDMENT OF HA.GGERTY PROPERTY (The Canyon, LC) 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 Plamning 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 rezonng 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. DcHaven, Jr. Nay Philip A. Lemieux Aye A COPY ATTEST 4JTolu.ley, 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 ONVNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME': Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 RLVISION 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;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 die 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 tine 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 meaniig 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: 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maxunwn of 300 dwelling units. Housing types shall be li_tnited to single family detached and single family attached units. • C� Proffer Slalemenl Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maxinnum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF P13ItMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance widi applicable ordinances, regulations, and design standards, and dus Haggerty Proffer Statement as approved by the Board. The project is a mired use residential t}Pe allowing a range of housing types within limits established by this proffer statement. 2.2 The marinum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period widun the first 24 montlis 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 pernnitted. 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 deternuned during the master development plan (I\TDP) 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 die Board the suin 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 perinit for each single family detached unit. Page 2 of 8 0 Proffer Statement Haggerty 4.2 'flie 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 die Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building pernvt for each single family detached unit. 6.2 The Applicant shall contribute to dne Board the sum of $1,040.00 per dwelling unit for recreational purposes, payable upon die issuance of a building pernvt for each single family attached uiut. 7. LIBRARIES: 7.1 The Applicant shall contribute to die 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 'Fhe 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 urhrt. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling uiut for the Sheriff's Office upon issuance of building permit for each such unlit. 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 goverrunental adniiivstration building upon issuance of building permit for each such unit. 10. CREATION OF IIOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for die ownership, maintenance and repair of all corninon areas, including any consenration 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 IIOA 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 9 • Proffer Statement Haggerl), outside of residential lots; (iu) common solid waste disposal programs, (iv) responsibility for die perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located widhiir easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the I-IOA 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 I-IOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within die residential development. 11. WATER & SEWER: 11.1 The Applicant shall be responsible for connectuig the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer iiifrastiucture 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 unplement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffet: 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 uistall a water main to a point of connection with the FWSA Opcquon Sewer Plant property line. The water main will be installed and serviceable before the 10151 builduig pernhit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for die Property shall be provided in accordance with the Virginia Stormwater Management Regulations, Furst Ed. 1999, Chapter 2, "fable 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 othenvise specified below. Page 4 of 8 • O Proffer Stnlenien! Haggert), 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 front die project to VA Route 7 as generally shown on the GDP as die section of roadway between Point A and Point C. Said collector road shall be located widen 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 Nordh-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 Nordn-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 fatal engineering. The collector road will transition from an R2 cross section to the typical Route 37 cross section upon entering die 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 the fast building perinit for die 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 duough revenue sharing or other programs as may be available through N7DOT 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 die 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 signnalization 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 die southern two Lanes of an Bast -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 Fredo ck Collide Zoning Ordinance. The Bast -West collector road shall be designed to acconrunodate 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 tine adjoining property to the north prior to submission of engineered plans for the Bast -West collector road to the County, tine Applicant shall dedicate 40' of right of way, as rneasured from die Property boundary and construct the southern two lanes of a U4D roadway from Point D to Point B 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 die Frederick Coxln , Zoning Ordinance, between any residential lots and said collector road. Buffer plantings and/or screening shall not be required where the), are in conflict with required sight distances for roadways as defined by VDOT. Page 5 of 8 0 Proffer Statement Haggerty 13.4.2 In die event that 40' of right of way is not dedicated on the adjoining property to the north prior to submission of engineered plans for die East-West collector road to die County, the Applicant shall dedicate 80' of right of may, as measured from the Property boundary and within die 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 die 225'h building pernit. Additionally, the Applicant shall also construct a densely planted landscape screen -withinthe 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, miiiimuhn four feet tall at time of planting, spaced a maxiinutn 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 die}, are ih 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 die dedication of tlhis right of way at no cost to die County within 90 days of request by die County. All plats depicting die VA Route 37 right of way shall note that die roadway is luhiited access. (See 6 on GDP). 13.7 The Applicant slhall construct a complete densely planted landscape screen on a 20' landscape casement 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 tune of planting. The mix of trees arc 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 die North -South collector road and East-West collector road shall be prohibited. 13.9 Any portion of die "spine" collector road constructed in the Route 37 alignment sliall be constructed in general conformance with the typical Route 37 cross section as well as die 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 die mlonetary contributions set forth in die Proffer Statement are paid to die Frederick Count), Board County Supenrison:s ("Board") within 30 months of the approval of this rezoning, as applied for by die Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of flits 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 contibutions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 monhhs after the approval of this rezoning to the most recently available CPI-U to die date die 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 die adjoining properties to the south and cast in die general location depicted at Point 8 on the GDP; said inter -parcel connection shall be provided in place of any previously planned 'utter -parcel connection located at the southwestern area of die Property as previously depicted on die approved Master Development Plan for the adjacent Twin Lakes development. The newly proposed inter -parcel comiecdon 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 Proj er Stalenzent Haggerty Respectfiilly submitted, By: Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: 7.1ie foregoing instrument vas acknowledge of re ne this / / clay of �� �� , 2007, by i 6 ?1 d 2 _ My coinnvssion l')ires • j/ .0 NotaLy Public �� Q�/ 0 () Page 8 of 8 AJ11►; � ��� -� o� � c�-`�.,:''-ales L• \, � OAF < < ti { 0 • Patrick Sowers From: Funkhouser, Rhonda (VDOT) <Rhonda.Funkhouser@VDOT.Virginia.gov> on behalf of Ingram, Lloyd (VDOT)<Lloyd.Ingram@VDOT.virginia.gov> Sent: Friday, July 31, 2015 9:30 AM To: Patrick Sowers Cc: Ingram, Lloyd (VDOT); Smith, Matthew, P.E. (VDOT) Subject: Opequon Crossing Rezoning - VDOT Comments Attachments: comment sheet.pdf The documentation within the application to rezone this property appears to have significant measurable impact on Routes 7, 659 and Rt. 820. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT has reviewed submissions of proposed transportation proffers offered to mitigate the development's potential traffic generation. VDOT is satisfied the transportation proffers offered in the Opequon Crossing Rezoning Application dated May 29, 2015, address the transportation concerns. 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. Ingrain, Transportation Engineer Virginia Department of Transportation Edinburg Residency — Land Developnnent 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 �J C� COUNTY of FREDERICK ))�J ►JU Roderick B. 'Williams County Attorney 540/722-8383 Pax 540/667-0370 E-mail: rwil lia @ co.fredetick. va.us August 17, 2015 . ...VIA EMAUL — I'Sov�ers(iz Pennoni.com -= AND RE, GULAR MAIL Mr. Patrick Sowers Penn' oiu Associates Inca . 1 l 7 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 . Re: Rezoning Application,— Opequon Crossing Tax Parcel Numbers 55-A-210, 55-A-212, and 55-A-212A, consisting of 177.711 acres (the "Property") Proposed Proffer Statement dated May 29, 2015 Dear Patrick: ..You have submitted to Frederick County for i•cvicw the above-referenccd .-proposed proffer stafetneiit .(the "Proffer Statement") for the proposed rezoning of the. . Property, in the Redbud Magisterial District, from the RP (Residential Perrormance) .Zoning District, with'pi'offers, to the RP (Residchfial Perf6rinance) Zorung District, with revised proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County. . Zoning Ordinance and the Code of Virginia,and would be legally sufficient as a proffer statement, subject to the following comthents:' • You have indicated that the total rezoning area is 177.71f acres: According to County GIS records; including:the portion of the Property that is zoned B 1: and that is not subject to the proposed rezoning, tine Property consists of 178.98± acres (70.15 acres foi•'55=A.-210, 103.83 acres for 55-A=212, and 5 acmes for 55-A- 212A). The BI portion shows (on GIS and on the GDP) as approximately 3.3'to 3.7 acres, leaving the proposed rezoning at approximately 175.5 acres. Please. provide more inforimation regarding the correct acrcages. Also,'in a further effort to avoid any ambiguity, it may be appropriate to indicate on the GDP, for the existing B I portion of the Property, that it is not part of this rezoning. 107 North Kent Street • Winchester, Virginia 22601 Mr. Patrick Sowers August 17, 2015 Page 2 Proffer 2.1 — For consistency, the reference to the "community center" in the sentence regarding timing of pool construction might best be revised to the "recreation building". Likewise, in the third sentence, "recreation center" should be "recreation building". • .'Proffers 2.4 and 7:1 These proffers should also indicate that the HOA will own the pool. Proffer 7.3 — The proffer is unclear as to a distinction Between the $2,500 per lot payment "prior to the initial closing for each platted lot" and the $l 00 per lot payment "at the initial closing for each platted lot".:Also,.it may be appropriate for the payment to be prior to issuance of certificate of occupancy. In addition, regarding the last sentence of the proffer, the applicantmay wish to reconsider the limitation on use of the funds, as it could be somewhat restricfivc as writfeti. Perhaps instead of "and/or legal fees", that portion might read "and/or other . operating and/or capital expenses of OCHOA". Proffer 9.4 -The proffer heeds to specify the Roirte 37 iiglit=of-way width contemplated, especially hi light of the provision for- planting of.a landscape screen adjacent to both sides of the right-of-way in Proffer 9.6. Proffer 9.6 = With respect to the screening along the Route 37 right -of way, the proffer referenees item 2 on the GDP, but this is not item 2; the GDP does not indicate an item number for this: I have not reviewed the substance of the proffers as to whether the proffers are .suitable and'appropriate for Ibis specific development,:as my understanding is that that review will be done by staff and the Planning Commission. SinC r ly, . f: R crick B. William County Attorney cc' Michael T. Ruddy, AICP, Deputy Planning Director (via c-mail) REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff o" Fee Amount Paid $ 11000 Zoning Amendment Number 0b' S Date Received (J 5 PC Hearing Date BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner- of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicants: Name: Pennoni Associates Telephone: (540) 667.2139 c/o Patrick Sowers Address: 117 East Piccadilly Street Winchester Virninia 22601 2. Property Owner (if different than above) Name: The Canyon c/o Dave Holliday Telephone: (540) 667-2120 Address: 420 Jubal Early Dr, Suite 103 Winchester, VA 22601 3. Contact person(s) if other than above Name: Patrick Sowers Telephone: (540) 667.2139 4. Checklist: Check the following items that have been included with this application. Location Map (See GDP) X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 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 G. A) Current Use of the Property: Vacant entitled Residential) 13) Proposed Use of the Property: Residential 7. Adjoining Property: SEE ATTACHED. 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). ']'he Property is located South of the existing terminus of Edd s Lanc Rt 820) approximately South of Route 7 and adjacent to Opcquon Creek. In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concenung the specifies of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed "Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 55-A-210 Magisterial: Fire Service: Rescue Service Red Bud Greenwood Greenwood Districts High School: Middle School: Elementary School Millbrook James Wood Redbud Rtui 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 174.98 RP RP 174.98 Total acreage to be rezoned K 0 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 230 Towriliome 344 Multi -Family Non -Residential Lots Mobile Home Ilotel Rooms Square Footage of Proljoscd Uses Office Service Station Retail Manufacturing Restaurant Flex - Warehouse Other 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this applicatio;i and its accompanying materials are true and accurate to the best of my (our).knowledge Applicant(s) l� "� / — — Date • 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.colrederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, WinchLiter, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I ()Alc) (Name) The Canyon, LC (Phone) 540.667.2120 (Address) 420 West Jubal Early Dr, Suite 103 the ovmer(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in lie Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number: 040014715 & 060006113 and is described as Tax Map Parcel 55-A-210, 212. & 212A Subdivision: do hereby make, constitute and appoint: (Name) Pennoni Associates, Inc. (Phone) 540.667 2139 (Address) 117 17. Piccadilly Street, Suite 200, Winchester. Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attonicy-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 othec res&_� or modified. i � r' In witness thereof, f�we) have heretg yetAy,�our) hand and seal this —Q` r, day of0013 Signaturc(s) a State ..of Virginia, City/County oIIf r"r C04Y _K4<— __,To -wit: a ! j L)oa Notary Public in and for thejurisdiction aforesaid, ce 'l' that the person(s) who signed to the foregoing instrument person]appeared b�efipre me and has c •n wledged the sam before me in the jurisdiction aforesaid this �day of �" 04 , 20t13 . fti , My Commission Expires: 10 ' 31 Notary PubllU ,// P1 TV3103K3 • 0 Adjoining Property Owners — Opequon Crossing Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d,foor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number PIN Name: Toll VA IV LP 19775 Belmont Exec Plz, Suite 250 Property #: 55-A-209 Ashburn, VA, 20147 Name: Toll VA IV LP 19775 Belmont Exec Piz, Suite 250 Property#: 55-A-211 Ashburn, VA 20147 Name: Lisa Riggleman and Mildred Riggleman 7000 Ben Franklin Road Property#: 65-A-195 Springfield, VA 22150 Name: Twin Lakes Overlook Community Association 19775 Belmont Exec Plz, Suite 250 Property #: 55M-2-9-149D Ashburn, VA, 20147 Name: Arcadia Communities Inc. 1602 Village Market Blvd SE Property #: 55G-5-3-225A Leesburg, VA 20175 Name: Arcadia Communities Inc. 1602 Village Market Blvd SE Property #: 55-A-181 Leesburg, VA 20175 Name: Valley Mill Farm LC 8739 C Street Property #: 55-A-165 Chesapeake Beach, MD 20732 Name: Katrina Roberts 1004 Clark St Property #: 55-44A Starke, FL 32091 Name: Michael McKee 283 Eddys Ln Property #: 55-4-3 Winchester, VA 22602 Name: Investors At, LLC P.O. Box 22655 Property #: 55-4-2 Stephens City, VA 22655 Name: Frederick -Winchester Service Authority P.O. Box 43 Property #: 55-4-1 Winchester, VA 22604 Name: Frederick -Winchester Service Authority P.O. Box 43 Property#: 56-A-19 Winchester, VA 22604 Name: Frederick -Winchester Service Authority P.O. Box 43 Property#: 56-A-18 Winchester, VA 22604 Name: Fort Collier Civil War Center, Inc. 1460 University Drive Property #: 56-A-18A Winchester, VA 22601 Name: John Bradfield, Trustee 3 Woodcreek Ct Property #: 55-A-174 Durham NC 27713 Name: Property #: 6 REZONING APPLICATION FORM FREllERICK COUNTY, VIRGINIA To be completed by Planning Staff. 06 Fee Amount Paid $ t U0o Zoning Amendment Number 0(3 S Date Received PC Hearing Date BOS Nearing Date The following information shall be provicled by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicants: Name: Pennoni Associates Telephone: (540) 667.2139 c/o Patrick Sowers Address: 117 East Piccadilly Street Winchester Virginia 22601 2. Property Owner (if different than above) Name: The Canyon c/o Dave Holliday Telephone: (540) 667-2120 Address: 420 Jubal Early Dr, Suite 103 Winchester, VA 22601 3. Contact pei•son(s) if other than above Name: Patrick Sowers Telephone: (540) 667.2139 4. Checklist: Check the following items that have been included with this application. Location Map (See GDP) X Plat X Deed of property X Verification of taxes paid X Agency Comments X Pees X Impact Analysis Statement X Proffer Statement x 6 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: Vacant (entitled Residential) B) Proposed Use of the Property, : Residential 7. Adjoining Property: SEE ATTACHED. 8. Location: The property is located at (give exact location based on nearest road and distance from nearest interscetlon, using road names and route numbers). The Property is located South of the cxistin�,) terminus of I ddys Lane (Rt 820) approximately South of Route 7 and adjacent to Opcquon Creek. In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximLlm possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 55-A-210 Magisterial: Eire Service: Rescue Service: Red Bud Greenwood Greenwood llistricts High School: Middle School: Elementary School Millbrook ,lames Wood Redbud Run 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current oning Zoning Requested 174.98 RP RP 174.98 Total acreage to be rezoned 2 0 11. The following information should be provided according to the type of rezoning proposed: Number of Units Pro DoI sect Single Family Home 230 To,,vnhome 344 Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Office Retail Restaurant 12. Signature: Square Footage of Proposed Uses Service Station Manufacturing Flex - Warehouse Other I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (WC) understand that the sign issued When this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this applicatio i and its accompanying materials are true and accurate to the best of my (our) -knowledge Applicant(s) ---- Date 'i r S 7 ° 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) 420 West Jubal Early Dr, Suite 103 the owners) of all those tracts or parcels of land (")roperty") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number: 0400 147 15 & 0600061 13 and is described as Tax Map Parcel 55-A-210, 212. & 212A Subdivision: do hereby make, constitute and appoint: (Name) Pennoni Associates Inc. (Phone) 5,10.667.2139 (Address) 117 F Piccadilly Street Suite 200 Winchester Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits Master Development Plan (Preliminary and Final) _ Subdivision Site Plan `kly 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 othc.se resci G 1 or modified. �, ` in witness thereof, L(we) have heretyy. etpy,(Wr) hand and seal this _�,-d day of Oi�JLUO�, Signa State of Virginia, City/County oIIf 1—re- 'Q'^K1<— To -wit: 1, OL ('4 �, Jo a Notary Public in and for the jurisdiction aforesaid, ce 'fy that the person(s) who signed to the foregoing instrurnent personal appeared bcf )re me and *,ac,nedged the sambefore me in the jurisdiction aforesaid this day of ' 10.�1 , 20E'=V My Commission Expires: 10,31,1SNota3103 e 3 0 CO^o � a CD AMENDMENT G I134 Action: PLANNING COMNIISSION: November 4, 2015 - Recommended Approval BOARD OF SUPERVISORS: December 9, 2015 VJ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 906-15 OPEQUON CROSSING — PROFFER AMENDMENT WHEREAS, Rezoning #06-15, Of Tlie Canyon, LC, submitted by Pennoni Associates, Inc., to modify proffers on 177.71 acres consisting of two developments known as the Haggerty Rezoning and the Opequon Crossing rezoning, now collectively known as Opequon Crossing. 'I'lie proffer revision which seeks to implement policy enabling credits for proffered transportation improvements with proffers dated May 29, 2015, last revised on November 20, 2015 was considered. The properties are located south of the existing terminus of Eddys Lane (Route 820) and South of Route 7 adjacent to Opcquon Creels and the Opequon Water Reclamation Facility. The properties are further identified by PINS 55-A-201, 212 & 212A in the Red Bud District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on November 4, 2015 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 9, 2015; 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 o£ Supervisors the proffers are amended with the proffer statement dated November 20, 2015. 'The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. PDRes #51-15 • -2- This ordinance shall be in effect on the date of adoption. Passed this 9th day of December, 2015 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Aye Robert W. Wells Abstained Robert A. Hess Gene E. Fisher Aye Charles S. Del-Iaven, Jr. Aye Blaine P. Dunn Aye A COPY ATTEST 3renda G. (_Garton Frederick County Administrator VIROTNIA: FR' DEMCK COUNTY.SM. This instrunicnl of wrilino t<<crs produced to Ile on t �5 Z) and with cerliht:;o, ^! �, .li,tnu:nt iIle rruo ;utnexed ils,;,o.:4'd by Sm 58. l-802 of ���� ar,:i ;�ti, i -Z;t;i have bt:cn {paid, if asscsahlr r PDRes H51-15 BOS Res. #045-15 C_-) C::) 0 15001 328 REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: DISTRICT: ORIGINAL DATE; OF PROFFERS: REVISION DATE(S): _0 CT-) CD CD PROFFER STATEMENT R7. 9 Residential Performance (RP) to Residential Performance (RP) 174.98 +/- Tax Map Parcel 55-A-210, 212, & 212A (the "Property") The Canyon, LC The Canyon, LC Opequon Crossing Red Bud May 29, 2015 September 2, 2015; October 20, 2015; November 20, 2015 The undersigned hereby prol'lers that the use and development of the subject property (`Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made or submitted, prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as the rezoning which is in effect on the day following the last clay upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the 13oard'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 clay following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within Its meaning all Future owners and successors in Interest. When used in these proffers, the `Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Opequon Crossing" dated May 29, 2015 and revised August 19, 2015 (the "GDP"), and shall include the following: Page 1 of 8 • 0 —a CD CD CD CO 1. LAND USE 1.1 No more than 574 dwelling units shall be constructed on the property. A minimum of 215 dwelling units constructed on the property shall be single family delmhcd dwellings. 1`,1ulti-family dwelling units shall be prohibited. 1.2 The project shall be Constructed in substantial conformance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. 2. PARKS AND RECREATION: 2.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 250`I' building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-402.08 of the Frederick County Code. The recreation building shall be an enclosed clubhouse with a minimum finished floor area of 3,000 square feet. Additionally, the Applicant shall conStruct a neighborhood swimming pool or pools with a minimum water surface area of 3,500 square feet. The swimming pool(s) shall be constructed Concurrent with construction of the recreation building and shall be permitted to count towards the recreation requirements for the Property as required by the Frederick County Zoning Ordinance. Other recreation amenities shall be further defined at time of Master Development Plan. 2.2 the Applicant shall contribute to the County the sum of $1,482 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 2.3 The Applicant shall contribute to the County the sum of $1,020 per single family attached unit for parks and recreation purposes, payable upon the issuance of a certificate ofoccupancy for each single family attached unit. 2.4 The recreation building and swimming pool(s) provided for by Proffer 2.1 shall be owned and maintained by the homeowners association ("I-IOA") for the Property. 2.5 A trail system utilizing a 10' wide asphalt surface shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail system shall be provided, at minimurnn, in the areas depicted on the GDP. The IIOA shall be responsible for the ownership and maintenance of the trail system. Public access easements shall be provided for the trail system to allow use of the trail system to the general public. Page 2 of 8 • 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County the sum of $446 per single family detached dwelling unit for fire and rescue purposes, payable upon then issuance ofa certificate of'occupancy for each single family detached unit. C-) co 1. 3.2 The Applicant shall contribute to the County the sum of $298 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a certificate of occupancy for each single lanlily attached unit. 4. SCHOOL CONSTRUCTION: 4.1 The Applicant shall contribute to the County the SUM of $12.626 per single family detached dwelling unit for school purposes, payable upon the issuance ofa certificate of'occupancy for each single family detached unit. 4.2 The Applicant shall contribute to the County the sum of $7,696 per single family attached dwelling unit for school purposes, payable upon the issuance of a certificate of occupancy For each single lanlily attached unit. 5. LIBRARY: 5.1 The Applicant shall contribute to the County the sum of $360 per single family detached dwelling unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 5.2 The Applicant shall contribute to the County the sum of $248 per single family attached dwelling unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 6. GENERAL GOVERNMENT: 6.1 The Applicant shall contribute to the County the suns of $1,1 18 per single family detached dwelling unit for general government purposes, payable Upon the issuance of a certificate of occupancy for each single family detached unit. 6.2 The Applicant shall contribute to the County the sum of $770 per single family attached dwelling unit for general government purposes, payable upon the issuance of a certificate of' occupancy for each single family attached unit. Page 3 of 8 • 0 --0 C) C1 7. CREATION OF HOMEOWNERS' ASSOCIATION: o 7.1 The residential development shall be made subject to an I iOA that shall be responsible fur the ownership, maintenance and repair of all common areas, including but not limited to the recreation building; and associated swimming; pool(s), excluding any areas that may be dedicated to Frederick County (the "County") or other public entities. For each area subject to their jurisdiction, the I-IOA shall be granted such responsibilities, duties and powers as are customary for such associations or as may be required for such i-iOA herein. 7.2 In addition to such other duties and responsibilities as may be assigned, the I-IOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use including stornlwater management facilities, (ii) common bufler areas located outside of residential lots; (iii) establishing and managing a common solid waste disposal program; (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which bufTer areas shall be located within casements to be granted to the IIOA if platted within residential or other lots, or otherwise granted to the I-IOA by appropriate instrument and (v) responsibility for payment for maintenance of'strectlights. 7.3 The Applicants hereby proffer to establish a start-up find fur the Opequon Crossing i-lonleowner's Association (OCI iOA) that will include an initial lump suns payment of $2,500.00 by the Applicant prior to issuance of the first certificate of occupancy for any dwelling constructed on the Property and an additional payment of $100.00 by the homeowners at the initial closing for each platted lot purchased within the Opcquon Crossing community. Language will be incorporated into the OCI [OA Declaration of Restrictive Covenant Document and Deed of' Dedication that ensures the availability of these funds to the OCI IOA prior to the transfer of ownership and maintenance responsibility front the applicants to the OCIIOA. The start-up funds for the OCIiOA shall be made available for the purpose of maintenance of all Inlprovcnlents within the common open space areas, liability insurance, street light assessments, and properly management and/or other operating expenses and/or capital expenses of the OCI-IOA. S. WATER & SEWER: 8.1 The Applicant shall be responsible fur connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA"). Page 4of8 n U • -0 O GO 8.2 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 101st building permit is issued. (See 1 on GDP) 8.3 The Applicant shall provide needed lands and casements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. 9. TRANS PC)RTATION: 9.1 'file Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access Front the project to VA Route 7 as generally shown oil the GDP. 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 I3 on the GDP. Tile North -South collector road shall generally run along 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 consistent with existing approved plans for the North -South collector road. The collector road shall be constructed from VA Routc 7 to the project site prior to issuance of'the first building permit for the project. The Applicant reserves the right to request for partial Funding for the construction of the collector road and VA Route 7 improvements through revenue sharing or other programs as may be available through VDOT and/or Frederick County. 9.2 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7. No building permits shall be issued for any dwelling units located on the Property until such time that the following improvements arc constructed at VA Route 7 and the "spine" collector road: signalization, Westbound lanes (I left, 2 thru), Eastbound lanes (1 right, 2 tllru), Northbound lanes (I left, I right). 9.3 The Applicant shall construct an entrance on the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall he determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. As part of these improvements, the Applicant shall remove the existing Route 7 median crossing and the existing Route 7 entrance to the Opcquon Regional Wastewater Facility. Page 5 of 8 • • C) 9.4 The right of way for VA Route 37 as identified by County studies and generally shown oil the GDP will be Survevcd and platted. The Applicant shall dedicate the right of way, 250 feet in ,vidth, for VA Route 37 across the Property, at no cost to the County, within 90 clays of' request by the County. 9.5 The Applicant shall construct a single cast -west road crossing of the right of way for VA ROUtc 37. Said road shall be designed to accommodate the future Route 37 fly -over bridges. 9.6 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 as depicted on the GDP. At lead 3 trees are to be planted for each 10 linear Feet of casement and are to be 4 feet in height at tinle of planting. The mix of' trees are to be determined through discussions with the Virginia forestry service and VDOT and shall be shown on initial COnStRIClion plans. 9.7 Direct lot access to the "spine" collector road shall be prohibited. 9.8 The Applicant shall dedicate sufficient right of way and construct Eddys Lane to VDOT rcquircnlerits fi-om the north Property boundary to the south Property boundary as depicted on the GDP from Point C to Point D. Said connection shall be made prior to issuance of the 350"' building permit. 9.9 "file Applicant shall provide a reserve area that is a maxinlunl of 56 feet in width for a potential future connection between the Property and the adjacent Fieldstone Development to the West. It is expressly understood by the Applicant that approved plans for the Fieldstone Development include no provisions Fier an interparccl connector and use of the potential intcrparcel connection area would be at the discretion of the owners of the Fieldstone Development. Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in conformance with the location depicted on the GDP. (See 2 on GDP) 10. HISTORIC RESOURCES: 10.1 The Applicant shall complete a SUI'vcy documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of fIistoric Resources. Any clOCUMCiltatlon cleated as part of said survey sllall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. Page 6 of 8 =v CO 10.2 The Applicant shall provide a landscape screen along the Northern Pro6dr,ty boundary in the location identified as "Double Row of Evergreen Trees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 feet in width utilizing a double row of evergreen trees that are a minimum 4 feet in height at time of planting with a minimum 3 trees provided per 10 linear feet. Said improvements shall be bonded or installed prior to issuance of a certificate of occupancy for any dwellings within the vicinity of the proposed landscape screen. (See 3 on the GDP) 11. OPTION FOR USE OF TRANSFER 01" Dt?VEILOPMENf RIGHT ORDINANCI ll.l In lieu of the per unit monetary contributions as provided above, the Applicant may utilize the Frederick County Transfer of Development Rights (TDR) program pursuant to Section 165-301 of the Frederick County Zoning Ordinance (tile "TDR Ordinance") to provide for development of any/all of the proposed dwelling units for the subject Property. No monetary proffer shall be required for any dwelling unit constructed utilizing the TDR Ordinance, but all remaining proffered commitments. shall remain applicable to such dwelling units. 12. FACLUSION OF PUBLIC PROPERTY FROM PROFFERS: 12.1 Any portion of the Property may hereafter be dedicated for public purposes (or otherwise conveyed to a public entity) and such portion so dedicated shall, upon such dedication, be eacludcd 1roni the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the Hill lorce and effect of these proffers. 13 ESCALATOR FOR MONETARY PROFFERS: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval ol'this rezoning, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after approval of this rezoning to the most recently available CPI-U to the date the contributions arc paid, subject to a cap of 61%, per year, non -compounded. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGES) Page 7 of 8 29 CD C) t- Respectfully submitted, The Canyon, LC In Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing ins ent was ackno�ede before e this �X "day ,jj of NOVem6ew , 2015, by a+/i My commission expires: 10 • 31 - 19 Notary Public rA" -()p Page 8 of 8 BLUE RIDGE MH c--) 0.i � POSED/ C A o i r cc)g0 VALLEY MILL P '� r PROPOSED •--. _ �i3c�n;s ENTRANCE ROAD FOR WWTP D UKE ROW OF EVERGREEN TREES Q3 �Ot� r r FWSA 0 OPEQUON 000000000 000 oe o0000 oao 00 00 - _ - _ C PROPOSED WW'TY Q t ` EDDYS LANE ` _??O PINE' RDAD r �.CONNECTION 1 ' HIKER/� ri f &*„d BIKER HIKER/ TRAIL BIKER TRAIL \ SED REC CE NTER / rr i I HIKER✓ HIKEI RAIL ; OPEN SPACE CONNECTION WITH r 1 TWIN LAKES PROPERTY r C LANDS TWIN LAKES rr SCREENAPE O GENERALIZED DEVELOPMENT PLAN PENNONI ASSOCIATES INC. 117 E. Picadlly St. Winchester, Virginia 22601 u o n Q e Crossing VOICE: (540) 667-2139 FAX: (540) 665-0493 P q DATE: 5/29/15 REV: 8/19/15 SCALE: 1 " = 700' 0 • M I"ND1 "U",I°;"1' Action: PLANQIING C,0`,iivi1SSI N: October 21, 2009 - Recommended Approvnl BOARD t lF SUPI RVISOR-S: Noven1cr IS, 2009 1,�] APPR( VE','D !-A 1)ENfl;l) AN ()RDINAN0', AMI_"..N DING '.f1-11311 % C) IN I N (3 Ia;ZONING 412-07 OF OP1 OUON C:R)U-)SING WI [ (;IZ :AS. l:c i.uninl;1,12-07 of Opccluon Crossing, subrnitlud by Patton 11ai'i'IS Rust ,'.,,Associates, to rcione 70.1'� acres from R' A (Rural Arras) Dis( ricl I RI' (RcA(On tial Perk imince) I)i�,II ict, with IrrOffcrs datecl April 10, 2007. last revisal on Novemlm 1 S, 2009. Ww tip to 32 r.ing,0 lamily attached and dutaclled resicicillial units. \\as considc•icd. The proper(, is loca(r-cl south of [lie cxistins milllllus of 1•.dcly's Lane (R,utc S20). ,ipproximatel} 2;Zl00 feet south of'l:clulc 7 and I A50 feet west of Upcyuon (: icuk, in the RocI liuil Districl. and is icicntilicd by 1'rol�urty Identification Ntnnbur 55-A-' I0. 4ti'I-IlOWAS, the Pkmning (hmmnhdnn held apublic hearing on illis l-czoArlp on Octohcr 21, 2009: and the Ron of Supervisors held a public hearing on this ruiorliFI on N(wernber 1 S. 2009: and WHERF,AS. the Prcdcriuk Counl) 13oard of `�upervisol;,� I incls the approval of tiIk ruiuning In he in the hest interest of the publie huAT, safer-, welfarm and in confi,nuance will( the C:omhr hensive Police flan: NOMI, 'l•I ILl EFO.RA BE I1' OR.DAINKD by the Wderich COUIIty r3oard of Supervisors that Chapter I65 of the 140mick County Code; Zoning, is tunended to revise the Zoning District \slap to rezone 7115 acres from RA (Rural Areas) District to RP (Residential Performance) District, Ru up to 325 single family attached and detached residential units. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. ThiS Offfillancc shall he in CfTc!ct (m thy date of"Idoptiorl. Passed this I Sill day of' Novclllbcr, 2009 by the lbllmvij),,; recol-cicd VOIC: C. �Jjickjc. Gaq x ISHMI W. Dove A); u I'lill M. 1"wilig, A - y Chic F. fisher Aye ChmWs S. DO Owen Jr Ay Philif) r1. LCJlliCLIX Aye A c o i, N, x rr E Y r Jolllll'�.. Riley, J.. Freduick Comity Admim.sLi-ator PDRESPAII-09 111ZOPOSE,D PROFFER STATF,1V1J1,Nt' RLZONING: P.Z. ti Rural Areas (RA) to Residential Performance (RP) PROPERTY: 7M 15 d-/- Tax 4ap Parcel 55-A-210 (the "Property ') RECORD OWNIER: The Canyon, LC APPLICANT: The Canyon, LC PROJEurNA : Opequon Crossing ORIGINAL DATE OF PR F FEIZS: April 10, 2007 RENASION DATE(S): 6/28/07; 8/27/07; 10/10/07; 6/16/08; 11/16/08; 12/5/08; 2/23/09; 9/24/09; 1 1 /9/09; 11 / 18/09 The undersigned hereby proffers that the use and development of the subject property (',,property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made or submitted, prior herelo. 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 Vold. Further, these proffers are contingent upon final rezoning of the Properly with "final rezoning" defined as the rezoning which is in effect on the day following the last day upon \vhich the Frederick County Board of Comity Supervisors (the "Board") decision granting (lie rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development pions until such contest is resolved, the term rezoning shall Include the day following entry of a final court order affirniing the decision of the Board which has not been appealed, or, if ap)ealed, 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 improvenlents proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the nnpmvenlent or other proffered requirement, unless otherwise specified herein. 'Hie term "Applicant" as referenced herein shall include within Its meaning all lutwe owners and successors in interest. When Used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Opequon Crossing" dated April 10, 2007 revised November 9, 2009 (the "GDP"), and shall include the following: Pagc 1 of 8 LAND USE I.l No more than 325 dwelling units shall be constructed on the property. A maximum of 170 of the residential dwelling units constructed on the property may be single family attached dwelling unitt i\AHKAmily dwelling units shall be prohibited. 1.2 The project shall be constructed in subs(antial contormanec with the Generalized Development Plan provided that mWor modifications are permitted (luring the hMaster Development Plan and final cngincedrig process. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PI RNHTS AND PLAN APPROVALS. 2.1 Construction of the 325 residential dwelling units shall be phased over a three-year period coillnlcncing will) the (late of approval for the Final 1N/Iaster Development Plan. The Applicant shall not mare application for more than 109 building permits for residential dwelling units for each 12 month period following the date of approval for the FinalIvtaster Development Plan. \ddilionally, tile. Applicant shall not make application for a building permit for any dwelling unit located on the Property for a minimum of 3 years following the date of final rezoning (DFR). 2.3 The above referenced phasing; limitations shall be cumulative. Notwithstanding anything to the contrary contained in these Proffers, should market conditions dictate a sloNver pace of construction of' the residential dwelling units on the Property, the time schedule for total build out of the Property may exceed three years. 3. PARKS AN'D RECREATION: 3.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 55h building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-64 of the Frederick County Code. The recreation center shall be an enclosed clubhouse with a minimum finished floor area of 3,000 square feel. Additionally, the Applicant shall construct neighborhood swimming pools with a nllnlnjunl watw surface area of 3,500 square feet. The swimming pools shall be constructed concurrent with construction of the community center and shall be permitted to count towards the recreation requirements for the Property as required by the Frederick County Zoning Ordinance. Other recreation amenities shall be further defined at time of Master Development Plan. Page 2 of 8 3.2 The Alllllicanl shall contribute to the County the sunl of 51,970 pcl- single- fanlily detached unit for parks and recreation purposes, payable upon the issuance of a building permit for cacti All-gle family cictaclicd unit. 3.3 The Applicant shall contribute to (he County the sum of $1,507 per single Family attached unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 3.4 The recreation building shall be owned and maintained by the 110111Co\V11C1's association] (" I-IOA") for (lie Property. 31 We of the re rCallon bulling shall be made available to the residents of the adjacent Haggerty Property Subdivision provided the residents contrilnite on a pro rota basis toward opmmHon and maintenance of the facility. 3.6 A trail system lltilizillg a 10' wide asphalt surface constructed to VDOT standards shall be incorporated into the design of the Property and shall be dcpictccl on the Master Development Plan. Said trail system shall be provided, at illininlunl, along the proposed Last -\Vest Collector Road provided per Proffer 9.2 as well as the extension of Eddys Lane to connect with the adjacent Twin Lances development to the South and shall be installed concurrent w1111 conMuctio i of those roadways and also along the internal collector roadway to the Western Property boundary as dcpictccl on the GDP. The I-IOA shall be responsible For (tic ownership and maintenance of the trail system. Public access easements shall be provided for the trail system to a110\v use of the trail system to the general public. RRE & RESCUE: =1.1 The Applicant shall conkbute to tale County the sunl of 5713 per single Family detached dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached trait. 4.2 "]'he Applicant shall contribute to the County the still of' 5529 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a building pen111t IN each single falllily attached unit. 5. SCHOOL CONSTRUCTION: 5.1 The Applicant shall contribute to the County the suns of $1 b,4911 per single family detached (Iwdling unit for school purposes, payable upon the issuance of a building pen lit for each single family detached unit. 5.2 The Applicant shall contribute to the County the suns of $]3,033 per single family attached dwelling unit For school purposes, payable upon the issuance of a building permit for each single family attaclicd unit. Pile 3 of 8 0 C] 6. LILIRARV: 0.1 The Applicant shall contribute to the County the sum of $487 per single family detached dwelling unit for library purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the County the sum of S372 per single family attached dwelling unit for library purposes, payable upon the issuance of a building permit for each SingIe funnily attached unit. 7. CREATION OF HOMEOWNERS' ASSOCIATION: 7.1 The 1-csWellhal development shall be made subject to an I10A that shall be responsible for the oW1lerSllip, maintenance and repak of all common areas, including but not limited to the recreation building, excluding any conservation areas that may be established in accordance herewith which are specifically dedicated to lovdwricic County (ihc "County") or others. FWr each area subject to their jurisdiction, the I-IOA shall be granted such responsibilities, duties and powers as arc customary for such associations or as may be required for such I-IOA herein. 7.2 In adcHtion to such other duties and responsibilities as nlay be assigned, the 140A shall have title to and responsibility For (i) all common open areas not otherwise dedicated to public use including swrmwater rimnagement facilities, (ii) colllllloll buffer areas located outside of residential lots; ON establishing and managing a common solid waste disposal program; (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the I-IOA if platted within residential or other lots, or otherwise granted to the 1-10A by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 7.3 The Applleants hereby profiler to establish a start-up fund for the Opequorl Crossing Homeowner's Association (OCHCA) that will include an initial 1Llnlp sull payment of 52,SOO.00 by the Applicant prior to the metal closing for any platted lot purchased and in additional payment, of S 100.00 by the homeowners at the initial closing for each platted lot purchased within the Opcduon Crossing colllrl unify, Language will be incorporated into the OCI-10A Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the OCI-IOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCHOA. The start-up fiends for the OCHOA shall be made available for the purpose of ilnailltellance Of all 1111prOymnellts "It'll di, colllllloll Open Space areas, liability insurance, street light assessments, and property management and/or legal fees. Page 4 of S. 11VATLR & SEINER: 8.1 The Applicant shall be responsible for connecting the Property to public water and sewer, al1Cl fOl' C011sll'LlCtlllg all facilities required for such connection. All water' and sewer infrastructure shall he constructed in accordance with the requirements of the I�rederick County Slulitation Authority ("the FCSA"). 9. TRANSPORTATION: 9.1 The Applicant hereby proffers $3,000,00 per single family attached dwelling unit and 55,000.00 per single family detached dwelling unit in monetary contributions that are to be utilized for design and constl-uctioll of road improvements to alleviate transportation problems in Frederick County. It is expressly understood that the County may be applying to VIDOT Ior revenue Sharing runds and that any monies paid play be utilized by the County for that purpose. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. 9.2 \Xrthin 90 da).5 of receiving written request from Frederick CoLuny and VDOT, the Applicant shall dedicate 80 feet of right of way in conformance with the location depicted oil the GDP frolll Polilt A to Point C, for tile future relocation of Valley Mill Road, The dedicated right of way Rridth may increase to up to 120 feet where necessary to accon-urloclate turn lanes and/or pedesu-ian accon-unocladons as cicternuned by V-DOT and Frecerick County. The alignment of the right of way dcclication area shall be in accordance with the planrlc(l alignment of future Valley Mill Road ,)cr the Frederick Collnty Eastern ROa(1 Plan. Prior to issuance of the 100building permit, the Applicant shall C0115tl'LICI the solitilel'll two lanes of a U4D 1'oadway frolll Point A to Point B as depicted on the GDP. 9.3 The Applicant shall clediCatC sufficient right of way and corlstl-uct Eddys Lane to VD0T requirements front the north Property boundary to the south Property boundary as depicted on the GDP from Point A to Point D. Said connection shall be made prior to issuance of the 50°i building permit. Page 5 of 8 0 • 9.4 No budding pwaks shall be issued for (Ile 1"1'OpCrly until Such tr1]1C that file 1-11-operty has access to Route 7 via the future Haggerty Transportation Network as identified on We GDP. In order to connect With the 1-laggerty 'hransportudun. Network, the Applicant shall dedicate 80 feet of right of way and construct the Southern two lanes of a IND roadway to connect front the extension of Lddys Lane to the Eastern Properly Linc as depicted on the GDP. The right of way width n]ay increase to up to 100 feel to accommodate turn lanes as determined by VDOT. Additionally, no building permits shall be issued for the Properly until such time that the Haggerty "Spine" Road has been completed to the Southern property line of the adjacent Haggerty property per Proffer 13,2 for RZ 004-07, Waggerty Properly" as approved by Frederick County on July 2.5, 2007. Additionally, no building pennitS shall he issued for' file property until such tlll]e that the hHo\ving improven]cnts are constructed at the intersection of Route 7 and the I-Iaggerty "Spine" Road: signalization, \Vcstbound lanes -- l left, 2 thin, Eastbound lanes I right, 2 thru, Northbound lanes — I left, 1 right. 15 The Applicant shall Provide a reserve arca that is it lllaxii-nurl] of .56 feet in width for a Potential fixture connection between the Properly and the adjacent Fieldstone Developillent to the West. It is expressly understood by the Applicant that approved Plans for the Fieldstone Development include no provisions fur an interparcel connccfor and use of the powndal interparcel connection arca would be at the discretion of to owners of the Fieldstone Development. Within 90 days of receiving \vriticn request fFonl Frederick County and VDOT, the Applicant shall dedicate said reservation area in conformance with the location depicted on the GDP. (See I on GDP) 10. 1-1ISTORIC RESOURCE S: 10.1 The Applicant shall complete a survey documenting any historic struclureS on the Property in general accordance NOW the guidelines established by the Preliminary Information horns from the Department of Historic Resources. Any docun]enlation created as part of said survey shall be provided to hrederick County Planning Staff and simll be cornoeted prim to deillolhion of any buildings located on the Property. IR2 The Applicant shall provide a landscape screen along the Northern Property boundary in the location identified as "Double Row of Lvcrgreen Trees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 feet in width utilizing a double row of evergreen trees that are a nlinimurn 4 feet in height at time of planting with a minimum 3 trees provided per 10 linear feet. Said improven]crils shall be bonded or installed prior to issuance of a certificate of occupancy for any dwellings within the vicinity of the northern property boundary. Pagc 6 of 8 • it. FXCIA)SION OF PUBLIC PROPERTY FROM PROFFERS: 1 1.1 Any portion of the Property nrly hereafter be dedicated for public street purposes (or otherwise conveyed to a public entity) and such portion SO dedicated shall. upon such dedicalion, be excluded from the terms and conditions of tllcsc Proffers and the remainder of the Properly shall COntlnllC to be subjecl to the full force and effect of these proffers. 12. ESCALATOR CLAUSE: 12. l In the event the monetary contributions set forth IIl (llc Proffer Statement are paid to the Board within 30 months of the approval of this rezoning, applied for by the Applicant, said contributions shall be in the amounts as staled 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 (C)I-U") published by the United Slates Department of Labor, such that at the time of contributions are paid, they shall be adjusted by the percentage change in the CPVTJ from that date 2d months after the approval of this rezoning to the most recently available CPI-U to the date the contrlbMhns are paid, subject to a cap of 69/0 per year, non -compounded. SIGNATURES) APPEAR ON THE FOLI-MVING PAGE(S) Page 7 of S C • Respectfully submitted, The Canyon, LC .� Title: Manager STATE OF VIRGI.NIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2009, by l);ar,j My commission expires: Notary Public �T �r %, , l��t• Tr— 16"'1 ''1'7 `j Page 8 of 8 BLUE RIDGE VALLEY 0 i I --FUTURE VALLEY MILL CONNECTION � . NII1L 0 00L a�irtn�.tt R/W RESERVE ARO FOR FUTUR VALLEY MILL D C❑NNECTIDN D❑UBL ROW OF EVERGREEN TREES CONST . OCTCT 2 LANES ❑F C _BQ��EAS EST COLLECTOR �W 0o c o 000°o°000000000000°000000 ' O oo /aoo o° °oo ®� ti +—EDDYS LANE r•WsA OPEQUON W)VTP �i r: i4I CONNECTION HAGGERTY • — TRANSPORTATI❑N r�tY' NETWORK,,,_,--- �%� HAGGERTY � r % \`\ '. C❑NNECTI❑N / / HIKER/BIKE l PROJECT TRAIL R SITE PROPOSETi-,[Z�CREATION­ji HAGGERTY CENTER LOCAT7BN`_ CONNECTION WITH TWIN LAKES PROPERTY TWIN LA Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 DATE: 4/10/07 REV: 11/9/09 GENERALIZED DEVELOPMENT PLAN Opequon Crossing SCALE: 1 " = 700' 0 • Action: PLANNING COMIv11SSION: BOARD OF SUPERVISORS AMENDMENT May 2, 2007 - Recommended Approval July 25, 2007 19 APPROVI_D FJ DENIED AN ORDINANC] AM3N.DING TI-IL ZONING DISTRICT MAP REZONING 1104-07 PROFFER AMENDMENT, OF I-I11GGERTY PROPERTY (The Canyon, LC) NAME REAS, Rezoning 1104-07 Proffer Amenchneiit of IIaggerly P� ope► ty, submitted by Patton Harris Rust (C Associates, to revise the proffers associated with Rezoning 1114-05, as they pertain to the transportation improvements previously approved by Frederick County. The properties are located adjacent and cast of Eddys Lane (Route 820), approximately three mules east of ` inel]ester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opcquon WastewaterTreatinent Plant properly and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties arc situated in the Red Bud Magisterial District, and arc identified by I'roperty Identification Numbers 55-A-212 and 55-A-212A. WHER>JAS, 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 tine 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 annendcd to revise the proffers concerning Rezoning 11 14-05. "I'he 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. '132-07 This ordinance shall be in effect on the date of adoption. Passed this 25th clay of July, 2007 by the following; recorded vote: Richard C. Shickle, Chairman Axe Barbara 1. Van Osten Nay — Gary Dove Aye Bill M. l3wing, Aye_ Gene L. Fisher Nay Charles S. Dellaven, Jr. Nay Philip A. Lemieux Aye A COPY ATTEST Johi 1 . Riley, jr. F1'CdC1'lek County Administrator PDRcs. 832-07 PROPOSED PR0hIAI3R ST'A11MENT Rl ZOIN'ING: RZ. It Residential performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres Tax h4ap Parcels 55-A-2'12. & 212A (the "Property") m7-cmD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJTC'T' NAMI : I-.laggerty Properly ORIGINAL DATE OF PROFFE-RS: Dccenlber 20, 20011 RI'WTSION I-)ATE(S): I / 12/05; 1 /20/05; 2./09/05; 12/ 13/06; 3/22/07; `i/ 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 Ili -offers that may have been (Wade prior hereto. Ll, the event drat the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these Proffers shall be deemed ,vithdrawri and shall be null and void. Further, these proffers ace contingent upon final rezollllig of the Ploperty 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 play be contested ill the appropriate court. If the Board's decision is contested, atld die Applicant elects not to submit development Plans until such contest is resolved, die ter'inl rezoling shall include file day following entry of a final court order aCfumung the decision of the Board which has not bc_eri appealed, or, if appealed, the day following which.tile decision has been affirmed on appeal. The headings of t,c proffers set ford, below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interprelation of, ny Provision of die proffers. The iniprovements proffered herein shall be Provided at Ole Linle of development of that portion of the Property adjacent to or includu,g the improvement or other proffered recyuiremenL, unless otherwise specified herein. 'I'll(! Lean "Applicant" as refer'ellccd her'eill shall include within its mealling all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Developinent Plan, Haggerty Property" dated December 20, 2004 revised July 2, 2007 (the "GDP"), and shall include die following: LAND USE: 1.1 Residential development on the Properly shall not exceed a maxihnunn of 300 chvelling units. Housing L}ypes shall be ]itnitccl to svhgle family detached and single fanuly attached units. Proffer Statement _ Haggerty 1.2 Single family detached housing types shall comprise a lnillilnum of 60 units, but shall not exceed a maximum of 150 units. CONDITIONS PRECEDENT TO "TI-lE ISSUANCE OF PI3RMI"T'S AND PLAN APPRON7ALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations'' nd design standards and this Haggerty Proffer Statement as approved by the Board. "The project is a nulKed use tcsicicntial Lypc allowing a ranl,c of housing lypcs within limits established by this proffer statement. 2.2 "Tile maxitnuln dwelling units for which cei:66catcs of Occupancy arc requested shall be 75 in, an), 12 month Ihcl:IOCI \V101111 the first 24 months of project clevelopnicnt, beginning on the date. of master clevelopinclit plan approval by the Board, and 50 in sin), •12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to tic subsequent 12 month period in au 'addition to those nits otherwise permitted. 2.3 After 60 niontlis from master development: plan approval by the Board, ally remaining cerLhficates of occupancy uP to 300 may be requested. 3. PEMES"1'RTAN TRAIL SYSTELM AND 10CRLA'.l'lON AR1:sAS 3.1 "1.'he Applicant shall design and build a public pedestrian -bicycle trail system to Departincnt of Parks and Recrca6on standards that links residential and open space areas within the development. "The precise location of said trail system shall be deterrhhulecl during tic: master development plan (1\4DP) process, Pursuant to the approval of the Director of Parks and RecreaLion and the 1'Janning Cotimrussion. The Lrails shall be 10 feet wide, have an asphalt surface and shall be locatecl to enable connections with adjoining developments. 4. FIRE, & RESCUE: 4.1 The Applicant shall contribute 1.0 tic Board the sum of S889.00 Pei: dwelling unit for fire and rescue purposes, Payslble upon the issuance of a builduig Permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board tic suin of $707.00 per dwelling unit for lire a11cl rescue purposes, payable upon tic issuance of a building permit for: each single family attached Unit. SCHOOLS: 4.1 The Applicant shall contribute to tie Board the sunl of 57,571.00 per dwelling unit for school purposes, payable upon the issuance of a building Permit for each single family detached unit. Page 2 of 8 • Proj)cr .Stwemeirl Haggerty 4.2 The Applicant shall contiibutc to the Board the suns of $5,881.00 per dwelling unit. for school purposes, payable upon the issuance of a building pernliL 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 sunl of $1,0110.00 per dwelling unit for recreational pul:poscs, Payable upon the issuance of a building permit for each single family attached unit. 7. LIIRARIPS: 7.1 The .Applicant shall contribute Lo the Board the sum of S213.00 per dwelling unit for library purposes, payable upon the issuance of a build-ing pern-iL for each such single family detached unit. 7.2 '.l'hc Applicant shall contribute to the: Board the suns of $173.00 per dwelling unit for library purposes, payable upon Ll1e issuance of a building permit for each sucli single family attached unit. 8. SI EM11,F'S OFFICE 8.1 The Applicant shall contribute Lo the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permiL for each such u111L. 9. ADNIINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construcboli of a general governmental adillinistrat:ion building upon issuance of building permit for each such unit. 10. CREATION OF I-ION4EMW 17,RS' AND PROPERTY OWNERS' ASSOCLATION: 10.1 The residential dcvclopmcIlL shall be madc subject to a homeowners' assoClation (hereinafter 'TIOA") that shall be responsible for the owncrsllip, imintenance and repair Of all common areas, including ally conservation areas that nlay be established in accordance herewith not deelicatcd to the County or others, for each area subject to their jurisdiction, and shall be provided such oilier responsibilities, clinics, and powers as are customary for such associations or as may be required for such I-IOA herein. 10.2 In addition to such other duties and responsibil.it.ies as may be assigned, an I-IOA shall have title to and responsiblliLy for (i) all common open space areas not Otherwise dedicatee) to Public use, (ii) C01111110n buffer areas located Page 3 of 8 • Proffer Slatemeld Flrr ;gerl}, outside of residential lots; (iii) couunon solid waste disposal programs, (iv) responsibility for Ole perpetual maintenance of any perinleter or road buffer areas, all of which buffer areas shall be located within- easements to be grantccl to the 1-I0A if platted within residential or other lots, or otherwise granted to the IIOA by, appropriate instrument and (v) responsibility for payment for maintenance of st-eetlights. 10.3 The .'Applicant shall provide management and start up assistance to the I-IOA, to include a contribution of $100 per dwelling unit to an escrow account established for l-IOA operations. 10.=1 Curb side trash collection service shall be proviclecl to all clwelling units by, commercial carrier. The I-IOA shall be responsible for lll-ranging and managing the cleiWery of saicl service to all chvel.ling units within the residential development. 11. WATER & SE -WE/ 'R: 11.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities requil:ed for such connection. All water and sewer infrast-uctllre shall be constructed in accordance -,vith the requirements of die I7rederick County Sanitation Authority ("the FCSA"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCS.A in order to implement the Scnseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 Tile Applicant shall establish a buffer to a distance of. 600' from presently plallllccl future trcaullcllt units on the Frederick -Winchester Service Auduuit�, ("the FWSA") site. No residential dwelling units (suaicture) shall be located .vit.hin 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 lllaln will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12. ENTNTIRONI\ ENT: 12.1 Storm -water management and Best Management Practices (BIAP) for die Property shall be provided ul accordance with the Virginia Stormwater management Regulations, First EA. 1999, Chapter 2, "fable 2-3 which results in the highest older of stor111\water 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 odlenvise speciCiecl below. Page 4 of 8 0 Prof fer Statement Haggerty 13.2 The Applicant shall construct a Nottlh-South collector road as the "shine" of the project's internal road network and to provide direct access from die project to VA Route 7 as general.]), shown on the GDP as die section of roadway between Point A and Polut C. Said collector road shall be located widiin 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. 'Tlie North -South collector road shall generally run along the planned right of way for VA Route 37, and party within the planned right of way, for VA Route 37, as Shown on the GDP. Said Nordi-Soutli collector Load shall be constructed as a rural undivided (R2) cross section with curb and gutter to be utilized it some locations based upon final engineering. The collector road will transition from an R2 cross section to the typical Route 37 cross section upon enterhig the proposed Route 37 corriclor from Point B to Point C as shown on die GDP. 'rlie collector road shall be constructed from VA Route 7 to die project site prior to issuance of die first building permit for (lie project, and shall be completed to the South Property boundary prior. 1.0 issuance of the 151" building permit. The Applicant reserves the right to request for partial funding for collector road construction through revenue sharing oar other plrogranis as tray be available duougll V1)O'1' an 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 fattier enter into a signalization agreement with VDOT for said intersection. Said improvements Shall be completed prior to issuance of any building permits. 13A The Applicant shall provide a 90' reservation area ill substantial conformance with the location depicted on the GDP to (i) construct the southern two lanes of an East-West collector road, planned to Lllt:I11hatCl31 be an Urban four lane divided (U4D) cross section widiih an 80' right of way and (i) provide a landscaped buffer or road efficiency buffer as clef led in die Frederick Cowl!) - Zoning Ordinance. The East-West collector roar] shall be designed to acconhimoclate the future Route 37 fly -over bridges. (See 5 on GDP) 13.4.1 Widhin the 90' resen,ation area, provided that 40' of tight of way is dedicated on the adjoining property to the nordi prior to submission of engineered plans for the 1=,ast-West collector road to the County, the Applicant shall dechcate 110' of right of way, as measured from die Property boundary, and construct the southern tvo lanes of a U4D roadway from Point D to Point E as generally shown on die GDP. Said roadway shall be constructed prior to issuance of the 225"' building permit. Additionally, die Applicant shall construct a 50' reduced distance road efficiency buffer, as defined in the Fredelick GOH11D' Zo1ciug Ordinance, between any residential lots and said collector road. Buffer plantings and/or scrccning shall not be requited where they are in conflict with required sight distances for roadways as defined by VDOT. Page 5 of 8 ►__J 0 Proffer Statement Haggerly 13.4.2 fn the event that 40' of might of way is not cleclicated on the acljoiluiig property to the north prior to submission of engineered plans for the last -West collector road to die County, the Applicant shall dedicate 80' of light of way, as measured fron7 the Property boundary and within the 90' reservation area, to construct the southern two lanes of a U4Lll roadway from Point 1) to Point I_. as generally shown on the GDP. Said roadway shall be Constructed prior to Issuance of the 225'I' building pern"lit. Additionally, the Applicant shall also construct a densely planted landscape screen within the rernstilhing 10' of the 90' resetim6on area. Said landscape screen shall be located between any residential lots and said collector road and shall consist of a double roxv of evergreen trees, minimum four feet tall at time of planting, Spaced a ]]7ftUt17ulhh of Clght feet apart. Into additional screening or buffer distance shall be required between die residential units Intl 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 Apphcant shall construct Ill Clt-rance onto the "spine" collector road for the Opequon Regional Wastewater facility. '7'he final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the F\VSA. 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 Lie cledication of this right of way at no cost to the County within 90 clays of request 17y the County. All plats depicting the VA Route 37 right of way shall note tilt the roadway is limited access. (See 6 on GDP). 13.7 The Applicant shall construct a conhplete densely planted landscape screen on a 20' landscape casement adjacent to both sides of the proposed VA Rouge 37 right of way and a portion of lie proposed "spine" collector road as depicted on the GDP. At least 3 t(recs are to be planted for each 10 lilicar feet of easement and are to be. 4 feet: in height at little of planting. The mix of trues are to be determined through discussion with the Virgu7ia Forestry service and VDUF and shall be shown on initial construction plans. (See 7 on G]_-)P). 13.8 Direct lot access to die North -South collector road and Last -West collector road shall be prolllbited. 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 iclentiftecl by the plan entitled "County of Frederick Route 37 Corridor Study, functional Design" dated October 1992 as prepared by 1Alguire Associates, Inc. Page 6 of S 0 Pro fer Statement Haggerty 14. 1�SCALAT0R CLAUSI 14.1 In the event the monetary coil Lributions set forth in file Proffer Statement arc paid to die Frederick County Board County Supervisor. (" Board") within 30 mondis of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in die amounts as stated herein. Any Monetary COntribr16011S Set fordl l(1 the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning Shall be adjusted in accordance wide tic Urban Consumer Price index ("CPT-U") published by the United States Department of l_ aboi, such that at file tulle Contributions are paid, they shall be adjusted by the percentage change. in the CPI-U from that elate 24 mondis after the approval of this rezollulg to the most recently available CPI-U to die (late the contributions are paid, subject to a cap of 6% Pei: ),ear, non -compounded. 15. lN17 R-P!\RCI L CONNIECTION: 15.1 The 1\pplicant shall construct an inter -parcel connector to provide access to the adjoining properties to the south and cast in die general location depicted at Point 8 on die GDI'; said inter -parcel connection shall be provided in place of ally previously planned inter -parcel connection located at die soutliwestern area of die 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 clepictecl on the Master: Development Plan to be submitted for the Property, and shall be depicted on future subchvision design plans for Ole adjacent Twin Lakes development. SIGNATURES APPJ�AR. ON T1-1L FOLLOWING PAGES Page 7 of 8 Prof er Statement Hugged} Respectfuu), submitted, The Canyon, LC j — - Title: tllana STATE OF VIRGINIA, AT LARGE, hRhllL RIC]{ COUNTY, To -wit: n jl� The forego ]-jig 111St1'17III C11t VaS aC_kn0\V1Cc]gcc f rc nc thI / is 'day of .—� J�1 ��-- 2007 byi c���. Nly c011 miss1oll 3'p1CCs Notary PUb11C ��M o, � `• �f i Page 8 of 8 • 0 Vq C) F HAGGERTY PROPERTY o v, GENERALIZED DEYELOPWNT PLAN o l \ fREO£R/CK COUN7Y, V7R6)YM �DENOIES CENUMM OPEN SPACE Patton, Harris, Rust & Associates 117 E. F icoA;lly St 1Ynchester, Virginia 22601 — — VOICE: (540) 661-2139 FAX: 665= 0493 — # 0 PROPOSED PROFFER STATEMENT REZONING: RZ. 11 Residential Performance (RP) to Residential Performance (RP) PROPERTY: 174.98 +/- Tax Map Parcel 55-A-210, 212, & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Opequon Crossing ORIGINAL DATE OF PROFFERS: May 29, 2015 REVISION DATE(S): September 2, 2015 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made or submitted, prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as the rezoning which is in effect on the clay following the last clay 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 clay 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 licrein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Opequon Crossing" dated May 29, 2015 and revised August 19, 2015 (the "GDP"), and shall include the following: Page 1 of 8 • 1. LAND USE 1.1 No more than 574 dwelling units shall be constructed on the property. Multi -family dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial conformance with the Generalized Development Plan provided that minor modifications are permitted during the Master Development Plan and final engineering process. 2. PARKS AND RECREATION: 2.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Said recreation building shall be constructed prior to issuance of the 250"' building permit and shall count towards and comply with the recreation unit requirement for the Property as specified by Section 165-402.08 of the Frederick County Code. The recreation building shall be an enclosed clubhouse with a minimum finished floor area of 3,000 square feet. Additionally, the Applicant shall construct a neighborhood swimming pool or pools with a minimum water surface area of 3,500 square feet. The swimming pool(s) shall be constructed concurrent with construction of the recreation building and shall be permitted to count towards the recreation requirements for the Property as required by the Frederick County Zoning Ordinance. Other recreation amenities shall be further defined at time of Master Development Plan. 2.2 The Applicant shall contribute to the County the sum of $1,361 per single- family detached unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 2.3 The Applicant shall contribute to the County the Sum of $887 per single family attached unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy Ior each single family attached unit. 2.4 The recreation building and swimming pool(s) provided for by Proffer 2.1 shall be owned and maintained by the homeowners association ("I-IOA") for the Property. 2.5 A trail system utilizing a 10' wide asphalt surface shall be incorporated into the design of the Property and shall be depicted on the Master Development Plan. Said trail system shall be provided, at minimum, in the areas depicted on the GDP. The I-IOA shall be responsible for the ownership and maintenance of the trail system. Public access easements shall be provided for the trail system to allow use of the trail system to the general public. Page 2 of' 8 3. FIRE & RESCUE: 3.1 The Applicant shall contribute to the County the SUM of $409 per single family detached CIWCIling unit I01- fire and 1'CSCLIC purposes, payable Upon the issuance of'a certificate of occupancy for each single family detached unit. 3.2 The Applicant shall contribute to the County the sum of' $259 per single family attached CIWC11ing unit for fire and rescue purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 4. SCHOOL CONSTRUCTION: 4.1 The Applicant Shall contribute to the County the Stun of $11,594 per single family detached dwelling unit for school purposes, payable upon the issuance of'a certificate of occupancy for each single Iainily detached unit. 4.2 The Applicant Shall contribute to the County the sum of $6,691 per single family attached dwelling unit for school purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. 5. LIBRARY: 5.1 The Applicant shall contribute to the County the sum of $331 per single family detached dwelling unit for library purposes, payable upon the issuance of a certificate of occupancy for each single family detached unit. 5.2 The Applicant shall contribute to the County the sum of $216 per single family attached dwelling unit f'or library purposes, payable upon the issuance of'a certificate of occupancy for each single family attached unit. 6. GENERAL GOVERNMENT: 6.1 The Applicant shall contribute to the County the sum of $1,027 per single family detached dwelling unit for general government purposes, payable upon the issuance of a certificate of' Occupancy for each single family detached unit. 6.2 The Applicant shall contribute to the County the Sum of $669 per Single family attached dwelling unit for general government purposes, payable upon the issuance of a certificate Of' OCCUpancy for each single family attached unit. Page 3 of 8 7. CREATION OF HOMEOWNERS' ASSOCIATION: 7.1 The residential development shall be made subject to an I-IOA that shall be responsible for the ownership, maintenance and repair Of all common areas, including but not limited to the recreation building and associated SWllllining pOOI(S), CXClliding any areas that may be dedicated to Frederick County (tile "County") or Other public entities. For cacti area subject to their jurisdiction, the I-IOA shall be granted Such responsibilities, duties and powers as are customary for such associations or as may be required for such I-IOA herein. 7.2 In addition to such other duties and responsibilities as nlay be assigned, the I-IOA Shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use preluding storinwater management facilities, (ii) common buffer areas located Outside of residential lots; (iii) establishing and managing a common solid waste disposal program; (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the I-IOA if platted within residential or other lots, or otherwise granted to the I-IOA by appropriate Instrument and (v) responsibility for payment for maintenance of streetlights. 7.3 The Applicants hereby proffer to establish a Start-up lurid for the Opequon Crossing Homeowner's Association (OCI-IOA) that will include all initial lump sum payment of $2,500.00 by the Applicant prior to issuance Of the first certificate Of occupancy for any dwelling constructed on the Property and an additional payment of' $100.00 by the homeowners at the initial closing for each platted lot purchased within the Opequon Crossing community. Language will be incorporated into the OCI-IOA Declaration of Restrictive Covenant Document and Deed of' Dedication that ensures the availability of these fiends to the OCI-IOA prior to the transfer of ownership and maintenance responsibility from the applicants to the OCI-IOA. Tile start-up funds for the OCI-IOA shall be made available for the purpose Of maintenance of' all improvements within the common open space areas, liability insurance, sheet light assessments, and property management and/or other operating expenses and/or capital expenses of the OCI-IOA. S. WATER & SEWER: 8.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and fOr Constructing all facilities required for Such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County SanitatioIl Authority ("the FCSA"). Page 4 of 8 0 • 8.2 The Applicant shall Install a water inain to a point of connection with the FWSA Opequon Sewer Plant property line. The water plain will be installed and serviceable before the 101 st building permit is issued. (See 1 on GDP) 8.3 The Applicant shall provide needed lands and casements oil this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. 9. TRANSPORTATION: 9.1 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. 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 B on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37 as shown oil the GDP. Said North -South collector road shall be COI1StRicted as a rural undivided (R2) cross section with curb and gutter to be Utilized In some locations consistent with existing approved plans for the North -South collector road. 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. The Applicant reserves the right to request for partial fielding for the Construction of the collector road and VA Route 7 improvements through revenue sharing or other programs as may be available through VDOT and/or Frederick County. 9.2 The Applicant shall install those improvements necessary to complete the cross -over at the intersection oi'thc "spine" collector road and VA Route 7. No building permits shall be issued for any dwelling units located on tile Property until such time that the followiIlg improvements are constructed at VA Route 7 and the "spine" collector road: signalizatioll, Westbound lanes (1 left, 2 thru), Eastbound lanes (I right, 2 thru), Northbound lanes (I left, I right). 9.3 The Applicant shall construct all entrance oil 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. As part of these improvements, the Applicant shall remove the existing Route 7 median crossing and the existing Route 7 entrance to the Opequon Regional Wastewater Facility. Page 5 of 8 • 0 9.4 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 shall dedicate the right of' way, 250 feet in width, for VA Route 37 across the Property, at no cost to the County, within 90 clays of request by the County. 9.5 The Applicant shall Construct a single cast -west road crossing of the right of way for VA Route 37. Said road shall be designed to accommodate the future Route 37 fly -over bridges. 9.6 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 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 discussions with the Virginia Forestry service and VDOT and shall be shown on initial Construction plans. 9.7 Direct lot access to the "spine" collector road shall be prohibited. 9.8 The Applicant shall dedicate sufficient right of way and Construct Eddys Lane to VDO1 requirements from the north Property boundary to the south Property boundary as depicted on the GDP from Point C to Point D. Said connection shall be made prior to issuance of the 350°i building permit. 9.9 The Applicant shall provide a reserve area that is a maximum of 56 feet in width for a potential future connection between the Property and the adjacent Fieldstone Development to the West. It is expressly understood by the Applicant that approved plans for the Fieldstone Development include no provisions for an interparcel connector and use of the potential interparcel connection area would be at the discretion of the owners of the Fieldstone Development. Within 90 clays of receiving written request from Frederick County and VDOT, the Applicant shall dedicate said reservation area in Conformance with the location depicted on the GDP. (See 2 on GDP) 10. HISTORIC RESOURCES: 10.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of' said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. Page 6of8 0 0 10.2 The Applicant shall provide a landscape screen along the Northern Property boundary in the location identified as "Double Row of Evergreen Trees" on the GDP. Said landscape screen shall consist of a landscape easement at least 10 feet in width utilizing a double row of evergreen trees that are a minimum 4 feet in height at time of planting with a minimum 3 trees provided per 10 linear feet. Said improvements shall be bonded or installed prior to issuance of a certificate of' occupancy for any dwellings within the vicinity of the proposed landscape screen. (See 3 on the GDP) 11. OPTION FOR USE OF TRANSFER OF DEVELOPMENT RIGHT ORDINANCE ll.l In lieu of the per unit monetary contributions as provided above, the Applicant may utilize the Frederick County Transfer of Development Rights (TDR) program pursuant to Section 165-301 of the Frederick County Zoning Ordinance (the "TDR Ordinance") to provide for clevelopment of any/all of the proposed dwelling units for the subject Property. No monetary proffer shall be required for any dwelling unit constructed utilizing the TDR Ordinance, but all remaining proffered commitments, shall remain applicable to such dwelling units. 12. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: 12.1 Any portion of the Property may hereafter be dedicated for public purposes (or otherwise conveyed to a public entity) and such portion so dedicated shall, upon such dedication, be excluded from the terms and conditions of these Proffers and the remainder of the Property shall continue to be subject to the frill force and effect of these proffers. 13 ESCALATOR FOR MONETARY PROFFERS: 13.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval of this rezoning, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURE(S) APPEAR ON TI-IE FOLLOWING PAGE(S) Page 7 of 8 • 0 Respectfully submitted, The Canyon, LC By: Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: I_ The foregoing inst ent was ackn wrd ed before me this day of 'it , 20,5, by �I j $. li�a M r My commission expires: 10- 3/ -6 Notary Public Cwaf�.' _.�v 3S3 Page 8 of 8 0 a Rezoning Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Pennoni Associates c/o Patrick Sowers Mailing Address: 117 E Piccadilly Street, Suite 200 Telephone: 540-667-2139 Winchester, VA 22601 Location of property: South of the existing terminus of Eddys Lane (Route 820), approximately 1/4 mile south of Route 7 and adjacent to Opequon Creek Current zoning: RP Zoning requested: RP Acreage: 177.71 Virginia Department of Transportation Comments: See attached email from Lloyd Ingram with VDOT dated July 31, 2015 to Patrick Sowers with Pennoni Associates. VDOT Signature & Date: 3 t Z°i S' Notice to VDOT - Please Return Form to Applicant 20 0 0 Patrick Sowers From: Funkhouser, Rhonda (VDOT) <Rhonda.Funkhouser@VDOT.Virginia.gov> on behalf of Ingram, Lloyd (VDOT)<Lloyd.Ingram@VDOT.virginia.gov> Sent: Friday, July 31, 2015 9:30 AM To: Patrick Sowers Cc: Ingram, Lloyd (VDOT); Smith, Matthew, P.E. (VDOT) Subject: Opecluon Crossing Rezoning - VDOT Comments Attachments: comment sheet.pdf The documentation within the application to rezone this property appears to have significant measurable impact on Routes 7, 659 and Rt. 820. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT has reviewed submissions of proposed transportation proffers offered to mitigate the development's potential traffic generation. VDOT is satisfied the transportation proffers offered in the Opequon Crossing Rezoning Application dated May 29, 2015, address the transportation concerns. 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. Ingrain, Transportation Engineer Virginia Departnient of Transportation Edinburg Residency — Land Developinent 14031 Old Valley Pike Edinburg, Virginia 22824 Plione #(540) 984-5611 Fax #(540) 984-5607 0 0 COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frcdcrick.va.us August 17, 2015 VIA. E-MAIL — PSowersQPennoni.com — AND R1EGIILAR MAIL Mr. Patrick Sowers Pen.noni Associates Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Application — Opcquon Crossing Tax Parcel Numbers 55-A-210, 55-A-212, and 55-A-212A, consisting of 177.71± acres (the "Property") Proposed Proffer Statement dated May 29, 2015 Dear Patrick: You have submitted to Frederick County for review the above -referenced proposed proffer statement (the "Proffer Statement") for the proposed rezoning of the Property, in the Redbud Magisterial District, from the RP (Residential Performance) Zoning District, with proffers, to the RP (Residential Performance) Zoning District, with revised proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: You have indicated that the total rezoning area is 177.71± acres. According to County GIS records, including the portion of the Property that is zoned B 1 and that is not subject to the proposed rezoning, the Property consists of 178.98i acres (70.15 acres for 55-A-210, 103.83 acres for 55-A-212, and 5 acres for 55-A- 212A). The B 1 portion shows (on GIS and on the GDP) as approximately 3.3 to 3.7 acres, leaving the proposed rezoning at approximately 175.5 acres. Please provide more information regarding the correct acreages. Also, in a further effort to avoid any ambiguity, it may be appropriate to indicate on the GDI', for the existing B 1 portion of the Property, that it is not part of this rezoning. 107 North Dent Street o Winchester, Virginia 22601 Mr. Patrick Sowers August 17, 2015 Page 2 © Proffer 2.1 — For consistency, the reference to the "community center" in the sentence regarding timing of pool construction might best be revised to the "recreation building". Likewise, in the third sentence, "recreation center" should be "recreation building". Proffers 2.4 and 7.1 — These proffers should also indicate that the IJOA will own the pool. Proffer 7.3 — The proffer is unclear as to a distinction between the $2,500 per lot payment "prior to the initial closing for each platted lot" and the $100 per lot payment "at the initial closing for each platted lot". Also, it may be appropriate for the payment to be prior to issuance of certificate of occupancy. In addition, regarding the last sentence of the proffer, the applicant may wish to reconsider the limitation on use of the fiends, as it coulee be somewhat restrictive as written. Perhaps instead of "and/or legal fees", that portion might read "and/or other operating and/or capital expenses of OCHOA". + Proffer 9.4 —The proffer needs to specify the Route 37 right-of-way width contemplated, especially in light of the provision for planting of a landscape screen adjacent to both sides of the right-of-way in Proffer 9.6. o Proffer 9.6 — With respect to the screening along the Route 37 right-of-way, the proffer references item 2 on the GDP, but this is not item 2; the GDP does not indicate an item number for this. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that that review will be done by staff and the Planning Commission. �iI1C lly, F/�t�/ '�o� ericic B. William County Attorney cc: Michael T. Ruddy, AICP, Deputy Platming Director (via e-mail) 040014716 cn CO Prcparcd By W'alah, Colum. Lubelcy, Emma & Tcr?ak. P C a)10 Prince Wdham Parkway, Suite 300 Prinec Wdhnm, va 2 1. 91 cranicc's Addresv PO Box 3276, Winchester, VA 22604 Conadcruhon. S11400,OW. 00 "gar ,Slap No SS'f} _Z12-4 7 !� SPECIAL WARRANTY DEED THIS DEED is made this A 7 *4' day of TV I , 2004, by and between Edward D. Haggerty and Jolui S. Haggerty, as Trustee of the John S. Haggerty Revocable Trust and in his individual capacity, hereinafter, GRANTORS; and The Canyon, LC, a Virginia limited liability company, hereinafter, GRANTEE; WITNESSETII: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the said Grantors do hereby grant, bargain, sell and convey, with Special Warranty of Title, unto .he Grantee as all that certain lot or parcel of land situate, lying and being in I-rederick County, Virginia, and more particularly described as follows: See Exhibit "A" AND BEING part of the property conveyed to John J. Haggerty and Alice S. Haggerty, his wife, as tenants by the entirety, by Deed from Leonard C. Ellis and Esther P. Ellis, his wife, dated November 23, 1966, recorded February 26, 1969, in Deed Book 328, at page 16; John S. Haggerty died as evidenced by recital in Deed recorded in Deed Book 448, at page 131, leaving Alice S. Haggerty as the surviving tenant; Alice S. Haggerty conveyed an undivided one -forth (1/4) interest to John S. Haggerty and an undivided one -forth (1/4) interest to Edward D. Haggerty by Deed dated August 15, 1975, recorded August 18, 1975 in Deed Book 448, at page 131; Alice S. Haggerty died testate on January 5, 1993 and devised her interest in the subject property to John S. Haggerty and Edward D. Haggerty by her Last Will and Testament recorded in Will Book 1:05, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. Haggerty, 0 a 0 cn Trustee of the John S. Haggerty Revocable Trust by Deed dated December 8, 2003, recorded January 13, 2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia. (AS TO PARCELS I AND 2) AND BEING the a portion of same property conveyed to Alice S. Haggerty, widow, as to a one-half (1/2) undivided interest, Edward D. Haggerty, as to a one -forth (1/4) undivided interest and John S. Haggerty, as to a one -forth (1/4) undivided interest; Alice S. Haggerty died testate on January 5, 1993 and devised her interest in the subject property to John S. Haggerty and Edward D. Ilaggerty by her Last Will and Testament recorded in Will Book 105, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. Haggerty, Trustee of the John S. Haggerty Revocable Trust by Deed dated December 8, 2003, recorded January 13, 2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia. (AS TO PARCEL 3) AND BEING the same property conveyed to Alice S. Haggerty, John If. Ilaggerty and Edward D. Haggerty, as tenants in common, each as to a one-third (1/3) undivided interest, by Deed dated October 3, 1979, recorded October 3, 1979 in Deed Book 514, at page 601; Alice S. Haggerty died testate on January 5,1993 and devised her interest in the subject property to John S. Haggerty and Edward D. Haggerty by her Last Will and Testament recorded in Will Book 105, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. Haggerty, Trustee of the John S. Haggerty Revocable Trust by Deed dated December 8, 2003, recorded January 13, 2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia. (AS TO PARCEL 4) Grantors do hereby reserve unto themselves and their successors in interest an ingress/egress easement across the said property hereby conveyed ("Property") serving all of that remaining property in Clarke County, ownership of which is being retained by the Grantors. Such casement shall he an casement in gross across the Property until such time as a specific access is provided by the Grantee, as set forth herein, below. Such casement shall be sufficient to allow for vehicular access to the property in Clarke County retained by Grantors from any 0 cJt rn public street serving the Property, provided, however, that the inability of the Grantors to obtain 0 permission to cross Opequon Creek shall in no wily affect the conveyance made herein In the event that Grantee develops the Property, Grantee shall provide public access easement over the Property from the property retained by Grantor in Clarke County, Virginia, to the street network, as the network may be approved by the appropriate governmental authority, and then over said streets to a public street or road serving the Property, If possible, such access shall not be located within any floodplain associated with Opequon Creek or within any wetland that may be subject to state or federal regulation. The exact location of such connection shall be mutually agreeable to both Grantors and Grantee, or their successors in title, and neither party's consent thereto will be unreasonably witUeld, conditioned or delayed. In no event shall Grantee be required to construct any crossing of Opequon Creek or any public improvements on the Property in Clarke County retained by the Grantors. The Grantors shall bear the cost of constructing any access road over the easement hereby granted up to the point where it joins the street network of the Grantee mentioned herein. The reservations set forth above shall be construed as covenants running with the land, and shall continue in force and effect until access satisfying the conditions set forth above have been fully and completely satisfied. Upon full and complete satisfaction of the conditions set forth herein, Grantor or its successors in title shall execute such documents as are necessary to evidence the satisfaction of the covenants set forth herein. The above -described Property is conveyed subject to all rights of ways, casements and restrictions of record that legally affect the title to said Property. The Grantors covenant that it has the right to convey the property described herein and that the Grantors will execute such further assurances of the said land as may be requisite. 3 CD cs co Witness the following signatures and seals: 41-d.,dD I Alggcky�� Conunonwcalth of Vifginitr ►'�+Ss•cti u fIS County/Gityof t1ii'd -Pselr to -wit: The Ioregoing Deed was acknowledged before me in my aforesaid jurisdiction b, Haggerty, Grantor, this �,I� lay of T 1 �, 2004. My Commission expires: It-7 Notary Public Le, S K,, John S. Haggerty, as Trustee of the John S. Haggerty Revocable Trust and in his individual capacity Commonwealth ofA4rginia County/Eity of to -wit: 'fhe foregoing Deed was acknowledged before me in my aforesaid jurisdiction by John S. Haggerty as Trustee of the John S. Haggerty Revocable Trust and in his individu Grantor, this a 7Nay of Tvly , 2004. h4y Commission expires: h 7141k Notary PublicS— 0 • EXHIBIT "A" PARCEL I: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereunto belonging, containing 111.505 acres, more or less, lying and being situate in Redbud (formerly Shawnee) Magisterial District, Frederick County, Virginia and being more particularly described on that certain plat and survey made by Thomas A. Shockey, L.S., dated October 20, 1978 and recorded in the Office of the Circuit Court of Frederick County, Virginia, in Deed Book 505 at Page 280. LESS AND EXCEPT that 5.000 acres, more or less as shown on plat attached to confirmation of plat and survey recorded in Deed Book 754, at page 1101, among the land records of Frederick County, Virginia. PARCEL 2: All that certain tract or parcel of land, together with the improvements thereon and appurtenance thereunto belonging, containing 5.000 acres, more or less as shown on plat attached to Confirmation of Plat and Survey recorded in Deed Book 754, at page 1101, among the land records of Frederick County, Virginia. PARCEL 3• All of that certain lot of parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, containing 1,813 square feet, more or less, lying and being situate in Rcdbud (formerly Shawnee) Magisterial District, Frederick County, Virginia, and more particularly described as Parcel "B" on that certain plat of survey drawn by "Thomas A. Shockey, C.L.C., dated January 11, 1979, and recorded in the Office of the Clerk of that Circuit Court of Frederick County, Virginia, in Deed Book 506 at page 376. PARCEL 4: All of that certain lot or parcel of land, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereunto belonging, lying and being situate on the eastern side of Route 820 in Redbud (formerly Shawnee) Magisterial District, Frederick County, Virginia containing 1,974 square feet, as shown on the plat and survey of Thomas A. Shockey, C.L.S., dated October 1, 1979, and recorded in the Office of the Clerk of the Circuit Court of Frederick Cowity, Virginia in Deed Book 514, at page 601. VIRGINIA:FRf01-11I KC:OUNTY•ti(T. 'ibis in,lrum. nl ut n-ntmg Ha. Pr. nLr d n, rile uq 1'4T.1796,0OPSpoaal Warranty nerd doc ,mdo•nh,rr�L,.�•,,,I �.ln:,,�L,L�n�.,irlh.� r,�,,ur,.';.I w:r;idnul :d I„ r_.o„I I 3LY00-017• SS.kUll Il rvc ra;, a p:ud.lr;�<x,;ahlc Clerk CD CD 0G0006113 THIS DEED, made and dated as of the `C/- day of March, 2006, by and between GOLDIE'S LC, a Virginia limited liability company, party of the first part, hereinafter referred to as Grantor, and THE CANYON, Imo, a Virginia limited liability company, party of the second part, hereinafter referred to as Grantee. I WITNESSETH: That in consideration of the sum of Ten Dollars I ($10.00) and other good and valuable considerations paid the Grantor by the Grantee on or before the delivery of this Deed, the receipt and ry sufficiency of all of which are hereby acknowledged, the Grantor does Y Y g hereby grant and convey with Special Warranty of Title unto the Grantee, in fee simple, the following described real estate, together J J with all rights of way, privileges and appurtenances thereto belonging .Y and subject to all easements and legally enforceable restrictions of > a i record affecting such realty: I i All of that certain tract or parcel of land, containing 71 7 1/2 acres, more or lees, together with all improvements and appurtenances thereto belonging, lying and being situate about five miles East of Winchester, in Red Bud District, i (formerly Shawnee District), Frederick County, Virginia, and more particularly set forth on the attached Schedule A. 1 This is the same property conveyed to the Grantor herein by Deed dated May 23, 2000 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 966, at Page 1166. 0 TAX MAP NO.: 55-A-210 ti I s I WITNESS the following signature and seal: GOLDIES, LC, G� a V' ginia ited liability company CQ BY(SEAL) LARY E. ADAMS, Manager I STATE OF VIRGINIA, At -Large CITY OF WINCHESTER, To -wit: The foregoing document was acknowledged before me in the jurisdiction aforesaid this z4&�2L day of 1_ 2006, by LAR't E. ADAMS, Manager of GOLDIES, LC, a Virginia limited liability company, on behalf of such company. 9 My Commiggiqn expires .r ,1�I%ktl) -Uri /� NOTARY PUBLIC Maw.w, EMOLi. _ _ _0A.CY! AT LAW . » +, ,oe '....Defd. v - +rw; iiis• ;. _ • Al _ RETURN TO: "'01ft0' ""�" 'f O COMMONWEALTH LAND TITLE NCNLlT[N, VINOINIA , •• �• ,.10513 JUDICIAL DRIVE FAIRFAX. VA. 22030 SCHEDULE A 0 Description of CD Goldie Tract t— Property of --t Goldies, LC Deed Book 966 Page 1166 (Instr. No. 000005388) Red Bud District Frederick County, Virginia Being all of the property acquired by Goldies, LC, as recorded in Deed Book 966 Page 1166 (Instrument Number 000005388) among the Land Records of the Clerk of the Circuit Court of Frederick County, Virginia and being more particularly described as follows Beginning at a point marking the centerline of Eddy's Lane, State Route 820 (40' right- of-way) and said point intersecting with the property of The Canyon, LC (Inst. No. 040014715), thence running with said property of The Canyon L.C. the following five (5) course and distances 1.) South 40'15'33" East, 13.09 feet to a point; thence 2.) South 29°20'58" East, 90.15 feet to a stone found (held); thence 3.) South 14' 12'2T' West, 725.08 feet to a stone found (held);; thence 4.) North 77°19'47" West, 251.34 feet to a point; thence 5.) South 27°54'43" West, 800.25 feet to a point, said point lying on the northerly property line of Toll VA IV, LP (Inst. No. 040015217); thence departing the property of The Canyon LC and running with said property line of Toll VA IV, LP and running with said northerly line of Toll VA IV, LP the following course and distance 6.) North 7 M 8'28" West, 2034.94 feet to an iron rod found (held) [passing an iron post found at 28.79 feet (held for line)), said point being on the easterly property line of Eastern Frederick Development Co. (DB.652 Pg 478); thence departing the property of Toll VA IV, LP and running with said property line of Eastern Frederick Development Co. the following course and distance 7.) North 19°26'03" East, 1067.74 feet to a stone found (held);, said point being on the southerly property line of Matthew C. and Katherine M. McHale (DB. 959, Pg. 1851); thence departing the property of Eastern Frederick Development Co. and running with said line of the McHale Property the following course and distance 8.) South 89°29'53" East, 8.73 feet to an iron rod found (held), said point being the southwesterly most comer of the property of Valley Mill Farm L. CL (last_ No. 010001362); thence departing the property of Matthew C. and Katherine M. McHale and continuing with said property of Valley Mill Farm L. CL the following two (2) courses and distances 9.) South 86°21'07" East, 436.83 feet to an iron rod found (held); thence 10.) South 86°42'52" East, 1315.28 feet to an iron rod found (held), said point being the southwesterly most comer of the property of Micia F. Grey (DB 858, Pg. 693); thence departing the property of Valley Mill Farm L. CL and continuing with said property line of Alicia F. Grey the following two (2) courses and distances 11.) South 86°34'29" East, 356.02 feet to a point; thence 12.) South 65°58'54" East, 223.68 feet to the point of beginning, containing 3,055,552 square feet or 70.14581 acres of land. VLRUINIA: FREDERICK COUNTY. SCI'. this instrument of writing was produced to me on 1 11 Ind with CJ Il11 1LMC nt ,u knowlulgcmcm Iherelo annexed -,Iss admntcd to rccmd. T mpo,ud by Scc. 51i.1•N2 of end 58.1•401 have been paid. it asses.sable Clerk 0 0 l jNa 426.Q'29'38'V �11 Q.73' S65.513'39'E 223,68'-/ N40'15'38'W 13.09' n N29'20'43'90.15' n 0 � o N n tib 3 N v _N v h N>>•t t✓ �L moo f 2o34.94, hN 'L „ o OPE(?UON CROSSING Patton, Harris, Rust & Associates, pc I U). ZONING BOUNDARY 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 O Q �l FREDERICK COUNTY, ORCINIA 0 CA) N 0 VICINITY MAP SCALE: 1" = 2,000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR it DATE IX 0 c "-f OWNER'S CONSENT: (AS TO PIN 55—A-212) THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT ON AND THROUGH THE PROPERTY OF THE CANYON, LC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDA �CEVATH THE SIRES F THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. C. _ D TE PRINTED NAME & TITLE GNRA 11,y'' NOTARY UBUC �5.y\�aLrq , . STATE OF ►I�AIf1� CITY/COUNTY OF ��e �I At E FORIEGGING STIRIUIMENT WA1SA ACKNOWLEDGED BEFORE ME ON � 0 0 �1B7c7J � Icy I IIQa I l r• DATE) MY COMMISSION EXPIRES (NOT 086,6) + 310'e3 (DATE"'"...W' 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—WINCHESTER 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. \IIIIIIII � I _ u DATE PRINTED NAME & TITLE\rn� �•?`k-.,`p,PY P�'�'..'�A'': NOTARY P BUC `" 2 C) STATE OF irninio,- VVtnCfllS� ;gCQj b f6GUALTy o� i� THE F REGOING INSTRU �T WAS ACKNOWLED F BY O DATE) rlMt�� CL='� '�huun„WWaw`` (NOTARY PUBLIC) MY COMMISSION EXPIRES - r9b 1 0— (DATE) �T H OF Lf� v CORY M. HAYNES a Uc. No. 2539 8(zo�o7 L`4r� scnz��°4 BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK—WINCHESTER SERVICE ADUTHORITY AN THE CANYON, LC RED BUD MAGISTERIAL DISTRICT FRED RICK COUNTY, VIRGINIA SCALE: N/A DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 REVISED: AUGUST 20, 2007 Patton Harris Rust & Assoclalas t Engineers. Surveyors. Planners. Landscape Architects. Street fj4R-ATWin East , Virgiilia 22601Winchester, Virginio 22601 540.667.2139 ; F 540.665.0493 %M I OF 6 PHR+A 0 56—(A—NEW) 9A FREDERICK— WINCH ESTER SERVICE AUTHORITY 65g 5 J-o 555 J—B v PLLE�5NE�1�GN�S�R tip FOR GE- 55-4-2 SE „O eRR 414 O p kF 1.... h1 i .:............. 'h t 6'—A-59 :`':•'`..`;. 55—A-209 '.;. 1..--'.'y:' ...:::•::.. 5SlI-2-9—l490 ------------- _.`. 65—A-195 OVERALL MAP SCALE: 1" = 1000' /Z NOTES: 1. FREDERICK COUNTY PINS: 55—A-212, 55-4-1, 56—A-18 & 56—A-19; ZONED: RA (FWSA) & RP (THE CANYON, LC). 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, LC FOR PURPOSES OF FUTURE DEDICATION OF RIGHT—OF—WAY FOR HAGGERTY BLVD. AND 5.5378 ACRES TO FREDERICK— VAN CHESTER 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 HAD 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 (SEE SHEET 3) IS DERIVED FROM INFORMATION OBTAINED FROM THE FREDERICK COUNTY MAPPING SERVICE (INTERNET WEBSITE gis.co.frederlck.va.us) AUGUST, 2007. 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. SURVEYOR'S CERTIFICATION: I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS DEDICATION AND ADJUSTMENT ARE THE SAME PROPERTIES CONVEYED TO THE CANYON, LC BY DEED RECORDED AS INSTRUMENT J040014715 (55—A-212) AND TO FREDERICK —WINCHESTER SERVICE AUTHORITY BY DEEDS RECORDED AS DEED BOOK 600, PAGE 691 [55-4-1] AND DEED BOOK 564. PAGE 414 (56—A-18 & 56—A-191, ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. c.: W W (NEW) 56—A-18A EDERICK—WINCHESTER RR SERVICE AUTHORITY z 0 M Co oIWz a z s-t- J z 61 (OLD) PROPERTY s f J LINES HEREBY VACATED AREA TABULATION: 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—WNCHESTER SERVICE AUTHORITY, TOTALING 2,7689 ACRES, IS TO BE CONVEYED TO THE CANYON, LC AND TO BE ADDED TO PIN 55—A-212. NOTE B: AREA OF LAND WHICH IS CONTAINED WITHIN PIN 55—A-212, PROPERTY OF THE CANYON, LC AND TOTALING 5.5378 ACRES, IS TO BE CONVEYED TO THE FREDERICK—WIN CHESTER SERVICE AUTHORITY AND ADDED TO PIN 56—A-19. FOR GIS PURPOSES: OLD) PIN 55-4-1 — 7.82 AC NEW) PIN 55-4-1A = 7.3930 AC AD) PIN 55—A-212 106.4811 AC* W) PIN 55—A-212B = 103.8311 AC* AD) PIN 56—A-18 — 23.48 AC W) PIN 56—A-18A = 59.1261 AC AD) PIN 56—A-19 - 56.52 AC W) PIN 56—A-19A = 24.0698 AC UNLESS OTHERWISE NOTED THUS •, ALL OLD AREAS ARE BASED ON RECORD INFORMATION HEREIN REFERENCED, NOT A FIELD RUN SURVEY. "BASED ON A CURRENT FIELD RUN SURVEY pyT H OF Dr� G L � . H CORY M, HAYNES 9 Lic. No. 2539 Sm BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK-WINCH ESTER SERVICE ADUTHORITY AN THE CANYON, LC RED BUD MAGISTERIAL DISTRICT FREDERICK COppUgqNTTTEEY, VIRGINIA SCALE: 1`=1000' REVISED: AUGUST24, 2006 REVISED: AUGUST 20, 2007 5 Patton Harris Rust 8 Assoa1atas m Engineers. Surveyors. Planners. Landscape Architects. 117 e fj4R+ATEast Piccadilly Street WinWinchester, Virginio 22601 540.567.2139 F 540.665.0493 SiM 2 OF 6 PHR+A ADJOINERS: FREDERICK COUNTY PINS: 55-A-162 & 163 N F BAYLIS I VESTMENTS, LLC DB 806, PG 136 ZONED: RA USE: RESIDENTIAL 55-A-164 N/F GLADDIE R. CARTER D66 445, PG 833 ZONED: RA USE: RESIDENTIAL 55-A- 209 MF TOLL VA IV, LP y040015217 ZONED: RP USE: OPEN SPACE 55-A-210 N F THE CANYON, LC I ST 060006113 ZONE: RA USE: VACANT 55-A-211 N F TOLL VA IV, LP I ST 040015217 ZONE: RA USE: RESIDENTIAL 55-A-212A N/F THE CANYON, LC INST 040014715 ZONE: RP USE: VACANT 55-3-B, C & D N F LUWANNA S. CARTER I ST 020000231 ZONE: RA USE: RESIDENTIAL 55-3-E NKF ROGER W. CARTER D 303, PG 345 ZONED: RA USE: RESIDENTIAL 55-4-IA N/F RICHARD S. & MARY E. DIMMEL INST #060012622 ZONED: RA USE: RESIDENTIAL 55-4-2 N/F INVESTORS AT, LLC INST #050006592 ZONED RA USE: RESIDENTIAL 55-4-3 N/F MICHAEL EDWARD MCKEE INST #030024787 ZONED: RA USE RESIDENTIAL 55M-2-9-149D NN F TOLL VA IV, LP I ST #050022857 ZONED RP USE: OPEN SPACE 65-A-195 N(F LISA ANN & M LDRED L. RIGGLEMAN INST #010000231 ZONED: RA USE: RESIDENTIAL 6-A-59 N/F EDWARD D. HAGGERTY DB 413, PG 914 USE: VACANT 6-1-1, 2, 3 & 4 KEYSTONE ESTATES DB 91. PG 83 USE: RESIDENTIAL NOTE: SEE LINE TABLE ON SHEET 5. CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD Cl 2839.79' 7'21'22' 364.60' 182.5.' S73-55-50"E 364.35' C2 2839.79' 7'04'39" 78' 175.61' S67'29'05"E 350.56' C3 593.00' 33'23'25" 345.58' 177.85' N19'47'30"E 340.71' C4 533,00' 36'56'59" 343.73' 17 .08' S21-34-18-W 337.80' C5 407.79' 17'48'34' 1 6.76' 63.89' S48'57'04'W 126.25' C6 527.00' 6'30'07" 59.80, 29.93' S61'O6'25'W 59.77' C7 599.00' 38'00'00" 397.27' 206.25' S45' 1' "W 390.03' C8 2814.79' 3'40'50" 180.82' 90.44' N68' 3'51"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' 17'4 '34" 1 7 74.23' N48-57-04"E 146.68' C12 593.00' 36'56'59" 382.4 ' 198.1 ' 112VX181 375.83' C13 533.00' 17'38'41" 164,14' B N11'55'09" 163.4 ' 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' ' '57"E 32.72' C16 1378.30' 2'41'5B' 64.94, 32.48' S44' 4'39"W 64.93' C17 863.84' 7'54'58' 119.35'E7.4 N49'1 1" 119. 6' C18 458.36' 6'29'29' 51.93'S54'48'25"W 51.90' C19 213.80' 9'13'48" 34 44' N58'14'21"E 34.40' C20 1137.68' 5'06'04' 101.29'S58'29'13"W 101.26' C21 620.67' 11'49'49" 1 8.15'S52'37'48"W 127.93' C22 592.21' 3' '4 4.9 'N48'00'47'E 34 91' C23 131.63' 17'02'44" 39.16'N55'14'23"E 39.02' C24 297.24' 12'57'58" 67.26' 33.7 ' 59*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' 73.0 ' 5'28'06"W 144.21' C27 2363.39' 2'03'33" 84.94' 42 48' S16'45'15"W 84.94' C28 7 7.52' 3'31'47" 44.82' 22.4 ' N15' 4'52` 44.81' C29 158.49' 9'30'44" 26.31' 13.19' S14'11'04'W 26.28' C30 1027.11' 14'06'42' 25 .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" 96.6 ' 4 3 ' 7 3'1 "W 96.68' C33 319.50' 5'51'39" 32.68' 16.35' N157 '4 "E 32.67' C34 669.04' 916'59' 108.40' 54,32' N25'21'47"E 108.28' C35 1133.02' '49'45' 55,94' 27.98' N 7'13-02' 55.94' C36 780.09' 7'02'31' 95.88' 48,00' 34-39-50"E 95.82' C37 6.23' 8'47'14" 34.70' 7 8' 36'40'44"W 34.66' C38 349. 4' 33'00'07" 201.34' 103.55' N51'56'32"E 198.56' C39 1594,62' 4'06'01' 114,11' 7.08' N68'04'20"E 114.09' C40 705.21' 7'00'48" 86.32' 4 .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. 0' 14'58'33' 9.91' .98' S68'59'30"W 9.88' C43 237.71' 19'07'10" 79.3 ' 40.03' S52'26'16"W 78.96' C44 1765.08' 2'59'1 " 9 .0 ' 46.02' N44'48'36" 9 .00' C45 432.66' 17' 7'53' 135.66' 68.39' '15'37"W 135.10' C46 531.55' 3'19'13" 30.80' 15.41' N '3 '4 "E 30.80' C47 199.41' 17'3 '10" 61.03' 30.76' S19'17'5 "W 6 79' C48 37' 14'22'51" 4 6' 1.24' S02'20'46"W 42.15' C49 1775.04' 4'52'30" 151.03' 75.56' NO3'03'5 150.99' C50 36.25' 8'30'29' 35. 8' 17.57' NOB'43' 0"E 35.05' C51 393.65' 9'34'41' 65.81' 32.98' S08'3 '07"W 65.73' C52 485.41' 9'18'58' 78.93' 39.55' S00 3'37"W 7 4' C53 487.04' 11'40'10" 99.20' 49.77' 04'05'32"W 99.03' C54 169.42' 29'17'06' 6.59' 44 6' 4'0 ' 85 65' C55 5278.89' 118'39" 120.78' 60.39' S40'23'55'W 1 0.78' C56 80247.12' 0'03'38' 84.70' 4 .35' S35'46'37'W 84.70' C57 12.91' 42'08'00' 9.49' 4.97' S46'33'20"E C58 14.70' 6 '4 ' ' C59 160.43' 11 4'41' 6' 90' C60 8 .6 ' 4'44' 1" 68 66' 34.3 ' S '43"E 68.64' C61 4-46.55' '35' 9" 7.99' 4 00' '4 ' 7.9 ' C62 4 '41' '16" W 7 1 C63 64 61' 12'S7'4 " 1 7.3 ' N 7.43'4 "W 14. 9' BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT EN FREDERICK WINCHESTER SERVICE A THORITY THE CANON, LC RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: N/A DATE: APRIL 27, 2006 D REVISED: AUGUST 4, 2006 REVISED: AUGUST 20, 2007 Patton Harris Rust & Assoclatos Engineers, Surveyors. Planners. Landscape Architects. Eosl Piccadilly Street Vlinchester, Virginia 22601 Win PT4R+AT 54,.6.7.2139 JL JL F 540.665.0493 BEET 3 6r 6 s PHR+A 9007 Qz — LLI MATCH LINE — SEE SHEET 5 W U NI,,1 PORTION OF (OLD) z I --a m * C50 PROPERTY LINE :Da I * HEREBY VACATED II< LnYW0 'no U CD CID C.'1 U 60' EASEMENT RESERVATION (NEW) 56-A-18A w 0 3 I \ (SEE NOTE 7) 59.1261 AC 0 Lj Z U N (n l U \ EASEMENT RESERVATION (SEE NOTE 7)/ j \ (OLD) 56-A-19 I, FREDERICK-WINCHESTER SERVICE AUTHORITY � U _jN + 0 DB 564, PG 414 N Q o v / \ PORTION OF (OLD) .96 U PROPERTY LINE zwo ry� �O, / /v \ HEREBY VACATED O z Iz- (NEW) PROPERTY UNES HEREBY CREATED Vero r��s 6 ?9 • to O .rwo o A,� 0w (NEW) PROPERTY oo01 Y LINES HEREBY CREATED \ }0 �j w w z Y 0 00 Nz o z \ �t��iS. z a *\ � , 3?1 s (NEW) 55-A-212B y�• `s�• 103.8311 AC 716. \ n'l �8 � M"I (OLD) 55-A-212 s� THE CANYON, LC g6� •"� � GR O INST #040014715 .1�9 �PrQ��/� 6- AF59 i S6 EDWARD D. HAGGERTY lb DO 413, PG 914 (CC©ARKE COUNTY) 163Sk�� BOUNDARY LINE ADJUSTMENT TH 0p AND E B THE NT PLAT FREDERICK-WINCHESTER .�„ SERVICE AUTHORITY CORY M. HAYNES a THE CANYON, LC NOTE: SEE CURVE TABLE Lic. No. 2539 RED BUD MAGISTERIAL DISTRICT COUNTY, VIRGINIA ON SHEET 3 AND LINE: TABLE ON SHEET 5. BLZD/D7 SCALE: 1"=100' DATE: APRIL 27, 2006 a REVISED: AUGUST 4, 2006 REVISED: AUGUST 20, 2007 Patton Harris Rust & Associates GRAPHIC SCALE L S(Jft Engineers. Surveyors, Planners. Landscape Architects. ]o 0 50 100 * _ (NEW) 117 East Piccadilly Street RA Winchester, Virginia 22601 c' PH ( IN FE ) PROPERTY LINES T 540.667.21391 inch = 100 ft_ HEREBY CREATED F 540.665.0493 %M 4 OF 6 N PHR+A 2007 2 0 r-+ L 1 (OLD) 56-A-19 C;1 FREDERICK- WINCHESTER SERVICE AUTHORITY DB 564, PG 414 GZ1 (NEW) 56-A-19A 24.0698 AC EASEMENT - RESERVATION (SEE NOTE 7) / y � G22 z m i m *L10 x m *L9 VIA E♦ EASEMENT RESERVATION (SEE NOTE 7) (NEW) 56-A-18A 59.1261 AC �V, JOB p � (OLD) 56-A-19 60, �°J=� /o FREDERICK— WINCHESTER SERVICE AUTHORITY (0 0 DB 564, PG 414 rn U SffSHfer4 LINE TABLE LINE BEARING LENGTH L1 N36'29'13"E 43.67' L3 NO3'05'48'E 321.83' L4 S03'05'48"W 321.83' L5 S08'48'39"W 58.13' L6 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 S26'21'28"w 76.93' L15 N26'21'28"E 64.93' L16 N34'37'30"W 44.09' L17 S51'37'27'E 29.09' L18 S66'OB'43'E 41.68' L19 N70'14'16"W 15.97' L20 N66'48'15"W 200.36' L21 N61'39'50"W 50.57' L22 S23'49'52"E 139.53' NOTE: LINE L2 WAS OMITTED INTENTIONALLY. G_R�APPHIIC SCALE 1�We ( IN FEED ) 1 inch = 100 fL (C) PHR+A 9007 4 ZI * = (NEW) PROPERTY LINES HEREBY CREATED OF �,ALTH Lr� l• BOUNDARY LINE ADJUSTMENT �o1L� G> c AND E pETWEE NT PLAT o v CORY M. HAYN-YN-ES 9 FREDERICK- WINCHESTER Llc. No. 2539 SERVICE AUTHORITY na*v THE CANYON, LC RED BUD MAGISTERIAL DISTRICT AAA04 FREDERICK COUNTY, VIRGINIA SuRv V, SCALE: 1"- 100' DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 REVISED: AUGUST 20, 2007 Patton Harrls Rust 8 AssocIatas Engineers. Surveyors. Planners. Landscape Architects, East Piccadilly Street NOTE: SEE CURVE Win Winchester, Virginia 22601 P TABLE ON SHEET 3. T 540.667.2139 F 540.665.0493 SHEET 5 Of 6 NPO R� 10N� V I Szo � lZi. o Zo (OLD) 56-A-19 FREDERICK—WINCHESTER r1r1 IN ac SERVICE AUTHORITY win DB 564, PG 414 'n w coILO z C57 I0r-Y o LO Q) N CL 0 CV (NEW) 56-A-19A � w a 24.0698 AC O O �.r" Q z `' Cep co rn Imo— W tX o J�� \ U w � m Y c�9 EASEMENT a P 9 RESERVATION N C�8 (SEE NOTE 7) "CO) 1 0 � I '01 �'01 )zF" \ 6 C63 J S GCS 015 C14 i qC*?e ` ` .rO 1 w o. �c38 �� *L15 v � rn (OLD) 56-A-19 \ \ * zo P(6 FREDERICK—WINCHESTER C3> — *L14 �'� �w SERVICE AUTHORITY �6 — DB 564, PG 414 EASEMENT ---,,C35 C34 RESERVATION (SEE NOTE 7) (OLD) PROPERTY LINES (NEW) 56-A-18A HEREBY VACATED 59.1261 AC ss � � 9 `) J 0) oui t7Nki 56—A-18A ;r, m N ci W Loa-. ( ) PROPERTY LINE HEREBY VACATED N ,,)oo j t; DETAIL SCALE: 1 "=10' GRAPHIC SCALE 100 0 50 too ( IN FEET ) 1 inch = 100 ft. 9 PHR+A 2007 (OLD) 56—A-18 FREDERICK—WINCHESTER SERVICE AUTHORITY DB 564, PG 414 �,Tx v CORY M. RAYNES a Uc. No. 2539 * = (NEW) PROPERTY LINES HEREBY CREATED NOTE: SEE CURVE TABLE ON SHEET 3 AND LINE TABLE ON SHEET 5. 1 J N (V w l7 w w BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK-WINCHESTER SERVICE AUTHORITY AND THE CANYON, LC RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"=100' DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 REVISED: AUGUST 20, 2007 Patton Harris Rust 6 Associates 5 m Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Stree•, p Winchester, Virginia 22601 fT 540.667.2139 F 540.665.0493 SHEET 6 OF 6 8K754PGIIaI CONFIRMATION OF PLAT AND SURVEY THIS CONFIRMATION OF PLAT AND SURVEY made and dated this V K day of ketlem bef , 1990, by and between ALICE S. HAGGERTY, widow, and JOHN S. HAGGERTY and EDWARD D. HAGGERTY, W I T N E S S E T H: WHEREAS, Alice S. Haggerty, John S. Haggerty and Edward D. Haggerty are the owners of all of that certain tract or parcel of land containing 179 acres, 3 roods and 31 poles, more or less, together with all rights, rights of way, improvements and appurtenances thereto belonging, lying and being situate about one-half mile south of Opequon Bridge on the Winchester and Berryville Turnpike, on both sides of Opequon Creek, about 145 acres thereof being situated in Shawnee Magisterial District, Frederick County, Virginia, and the remainder being situated in Chapel Magisterial District, Clarke County, Virginia, and being the same property conveyed to Alice S. Haggerty herein by deed dated November 23, 1966, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 328, at Page 016, a one-half (1/2) interest in which was conveyed to John S. Haggerty and Edward D. Haggerty by dead dated August 15, 1975, of record in the aforesaid Clerk's office in Deed Book 448, at Page 132; and awu,r, 00OC WOR7OM a OLAU ATTOWSM AY LAW 7080UW KLR 9MV NftC11WM, VIKO7MIA XMI 1 A BKT54PGI102 WHEREAS, the parties hereto desire to subdivide 5.000 acres of such property; NOW, THEREFORE, the parties hereto, as evidenced by their signatures below, do subdivide 5.000 acres from the aforementioned tract of land and do confirm the plat and survey of such subdivision prepared by Carrington S. Cobbs, C.L.S., dated October 4, 1990, which plat and survey is attached hereto and made a part hereof. WITNESS the following signatures yand seals: (SEAL) ALICE S;� !GGERTY r� l' (SEAL) 3EXRD S. GG(SEAL) D. HAGG TY $CULLY. n JOCOMWRTOM a CLAM ATTOMIMYI AT LAW 70 WOW 9MY rM M 2 M-lowafTM, HIR4~ =W 1 A LJ 8K754PG1103 C ONWEALTH OF MASSACH SETTS o �j Ott k CS-t.,/ to -whit: 1, iA h , a Notary Public in the commonwealeh and County aforesaid, do hereby certify that Alice S Haggerty whose name is signed to 4be foregoing onfirmatio of Plat and Survey, bearing date _ day of 61 t , 19 , has this day personally appeared before me and acknowledged the,. �• same. ' Given under my hand thi�jy��':d,y of 19My commission expires�U�1 w No Public % a COMMONWEALTH OF MASSACHUSETTS Cote n�T / of to -whit: I, f a Notary Public in the said, do hereby certify that John S Commonwealth and County A�aore Haggerty whose name is signed to�he foregoing Confirmation of Plat and Survey, bearing date � ,_ day of - _ uam I 19g0 has this day personally appeared before me and acknowledge t iq same. C • , •ti ) Given under my hand this sP 7, _ day of Dc�.r6 lv$�2 � .. My commission expires _ T71t V 1 `3 419'l: A. -V, Notary Public GERM=TR"NTOZZI 8 '� ROTARY PUBLIC P. 0. BOX 255 tyarm�ttsionuw dulyts'toos LINCOLN, MA 01773 STATE OF CONNECTICUT f4ic of 2cni to -whit: I, _h s d,a , a Notary Public in the State and County aforesaid, do hereby certify that Edward D Haggerty whose name is signed tq, the for oing Confirmat on of Plat and Survey, bearing date �TLday of �[IL/i t.A .+. , 19 , has this day personally appeared before me and acknowledged the same. Given under my hand this �" day of Nock_ -,h.� _, 19 2. My commission expires Mvcc.. s.;c„ 31 igy� 4 Notary Publ c -CJ 'cF?PJOv� • BK754FG,1104 h A &IC6 S. l4,gd4EA7y as �8t137'iilG y1RIVEWAj/ 7c .C7t. QRO \\ vi u� �q57\�� 300• oo' �rxs ir.+s-- q z Sy)/ fz Wc. -* woe a fl �« ➢un1 vl vl V J 5.00� a 42 Z � W l7d s Zsu� k/E6 9aa. oo' Ac{cE .5, N,�a,cd�e7y �7 sHokf��VG //ouJG CotA7/o�l sueV�y ail PART aF 7Ne c5' WAJO"Z ALAS, q16% FRG'Df�IcK LOB V/, N/R Oc'7. ;L / 9 90 Cfi�P.PJ/VCs7N1% cS. COBBS .pman y��'i;. ZB53 MIDDG� �OIiD �` WinlcNEs7'E,e� VIItGlnl�s} ose7Y,-y IMW7 aW 9'/fe.. fi8o►!L q,qy� M, Nc 1 Groh 9. sS /�,y AccueAq� sue✓fy 7Hes �,P�N/SES s�1ocJ�l crarae No .SxNv �,✓.�7 'YN .v/ NoAaeN�w'>'S ae BnleeoKu,� rig ve �isi�c� a7+/e '�Ihan1 'YNoa �'N0w (oj �> 0 OX754PCI105 VIRGINIA: FREDERICK COUNTY, SCT. This instrument 01 writing w oduted to me on the ,DY i93-0 , and wdh certiiica.o of ec}cnowt figment thereto annexed W4sar,Pt admitted to retard. J'04'�-r W, U CLERK • • Virginia Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Inquiry of Real Estate Map Number: 55 A 210 View Man Name: THE CANYON View Back ViewBill of Bill 8015929 IRE2014 38724 1 6/5/2014 2014 REAL ESTATE S0.00 View ill View Back 8015929 RE2014 ' 38724 2 12/5/2014 2014 REAL $0.00 of Bill ESTATE View Back ViewBill 8015929 RE2015 38984 I 6/5/2015 2015 REAL $0.00 of Bill ESTATE 8015929 RE2015' 38984 2 12/7/2015 2015 REAL $3,128.441 ESTATE I Show Prior Year Tax Bills Total Due: $3,128.44 Retum to Search • • Virginia Pay/Lookup Tares Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Inquiry of Real Estate Map Number: 55 A 212 View Man Name: THE CANYON LC View Back 8015931 RE2014 38725 1 6/5/2014 14 REALViewBill ATATE 50.00 of Bill View Back ViewBill 8015931 RE2014 38725 2 12/5/2014 2014 REAL $0.00 Bill TAT View Back ViewBill 8015931 �RE20151 38985 1 6/5/2015 2015 REAL $0.00 of Bill ESTATE 8015931 RE2015 38985, 2 12/7/2015 2015 REAL 1 ESTATE S4,482.80 Show Prior Year Tax Bills Total Due: $4,482.80 Retum to Search 4 , . Virginia Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Inquiry of Real Estate Map Number: 55 A 212A View Man Name: THE CANYON LC View Back ViewB 111 8034941 R E2014 387261 ! �2014 REAL 1 ! 6/5/2014 $0.00 of Bill ESTATE View Back Viev03ill 8034941 RE20141 38726JJ 2014 REAL 212/5/2014 �ESTATE $0.00 of Bill Vick Back ViewBill 8034941 RE20151 38986 2015 REAL 1 , 6/5/2015 $0.00 of Bill ESTATE 8034941 RE2015' 38986 2 12/7/2015 2015 REAL $534.80 ESTATE Show Prior Year Tax Bills Total Due: $534.80 Retum to Search Pennoni PENNONI ASSOCIATES INC. CONSULTING ENGINEERS MEMORANDUM TO: John Bishop, AICP FROM: Patrick Sowers DATE: November 23, 2015 SUBJECT: Opequon Crossing Proffer Amendment — Transportation Credits CC: Per our discussion at the end of last week, please find attached a signed revised proffer statement for the Opequon Crossing Transportation Credits Application The revised proffer statement modifies the monetary contribution provided for schools and parks and recreation purposes Previously, the application proposed to utilize more of the transportation credits towards the monetary proffer for parks and recreation purposes in recognition of the nearly one mile of asphalt trails proffered to be open to the public and the substantial proffered on -site recreation amenities that will serve residents of the development In order to address the recent comments made by Frederick County Parks and Recreation regarding the distribution of the transportation credits. the attached proffer revision applies a pro-rata share of the transportation credits to the line items for school and parks and recreation purposes The overall transportation credit of $3.648 remains unchanged In addition to the revised proffer statement. I have also included a revised statement of justification which reflects the new monetary proffer amounts. If you have any questions. please feel free to contact me at (540) 667-2139 117 East Piccadilly Street • Winchester VA 22601 • Ph 540-667-2139 • Fx 540-665-0493 www pennons corn • 0 . Pennoni, PENNON] ASSOCIATES INC. CONSULTING ENGINEERS November 23, 2015 Mr. John Bishop, AICP Deputy Director, Transportation Frederick County Planning and Development 107 N Kent Street, Suite 202 Winchester, VA 22601 RE: Opequon Crossing Proffer Modification Request — Transportation Credits Dear Mr. Bishop, As a follow up to our recent discussions, please find attached a revised proffer statement and generalized development plan for the proposed proffer amendment for Opequon Crossing in order to apply a transportation credit under the policy adopted by the Board of Supervisors in January of 2014. In addition, please find attached several exhibits and the following background and justification for the application. Background In January of 2014, the Frederick County Board of Supervisors (the "BOS") adopted a policy to allow for transportation proffer credits for rezoning applications in Frederick County (the "County"). This policy allows for the value of proffered transportation improvements that exceed the scope of the improvements necessary to mitigate the impacts of the development to be taken as a credit against the monetary proffers for the project. The dedication of right of way for future Route 37 through Opequon Crossing is an example of an eligible transportation proffer. In addition, we believe that portions of the improvements associated with Haggerty Boulevard, which implements a roadway planned for by the Frederick County Comprehensive Policy Plan (the "Comp Plan"), are eligible for transportation credits. Opequon Crossing is currently approved for up to 625 dwelling units and the residential portions of the project are currently comprised of two separate, but contiguous, rezoning applications including Rezoning #04-07 for the "Haggerty Property" and Rezoning #12-07 for the "Adams Property. For reference, copies of the existing rezoning approvals are attached. The Haggerty Property is permitted for up to 300 dwelling units and the Adams Property is permitted for up to 325 dwelling units. The Haggerty Property was originally rezoned prior to the major overhaul of the County's proffer model in 2005, resulting in a lower monetary proffer compared to the Adams Property. The current per unit monetary proffer amounts, as required by the approved proffers for the Haggerty and Adams properties, is as follows: Table 1. Existing Monetary Proffers Dwelling Type Haggerty (300 du) Adams (325 du) Single Family Detached $10,211 $26,664 Single Family Attached $ 8,051 $18,441 117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493 www.pennoni.com 0 0 P-Q-CLU",3 \C'\ • • Opequon Crossing November 23, 2015 Page 2 Transportation Credits The current Frederick County Proffer Model identifies the following per unit monetary proffer guidelines: Table 2. Current Frederick County Impact Model Single Family Detached $19,681 Single Family Attached $13,681 Proposed Proffer Amendment In order to utilize the policy for transportation proffer credits, we understand that the project would need to conform to the current County Proffer Model. Accordingly, the proposed proffer statement combines the Haggerty and Adams under a single rezoning application for Opequon Crossing, thereby increasing the Haggerty monetary proffers and decreasing the Adams proffers to be consistent with the County's current proffer model. The monetary proffers reflect a total transportation credit of $2,094,423 for both dedicated right of way and constructed improvements. The applicable transportation credit values are attached as Exhibit 1. In addition, while the current zoning approvals enable up to 625 dwelling units, the proposed proffer statement reduces the maximum number of dwelling units to 574. The resulting per unit transportation credit would be $3,648 and applied to the proffers for single family detached and attached units as depicted by the following tables: Table 3. Single Family Detached— Transportation Credit Adjustment Current Model Credit Adjusted Proffer Fire and Rescue $547 ($101) $446 General Government $1,373 ($255) $1,118 Public Safety $0 ($0) $0 Library $442 ($82) $360 Parks and Recreation $1,819 ($337) $1,482 School Construction $15 499 ($2 873) $12,626 TOTAL $19,681 ($3,648) $16,032 Table 4. Single Family Attached — Transportation Credit Adjustment Current Model Credit Adjusted Proffer Fire and Rescue $406 ($108) $298 General Government $1,050 ($280) $770 Public Safety $0 ($0) $0 Library $338 ($90) $248 Parks and Recreation $1,391 ($371) $1,020 School Construction $10 495 ($2 799) $7,696 TOTAL $13,681 ($3,648) $10,032 Opequon Crossing November 23, 2015 Page 3 Transportation Credits Justification for Credit Values The following is a summary of the credit values as depicted on attached Exhibit 1 and utilized for the proposed proffer amendment. Route 37 Right of Way and Road Efficiency Buffer: $600,000.00 Opequon Crossing provides for 12.47 acres of right of way for future Route 37. In addition, the road efficiency buffer required by the zoning ordinance further reduces the buildable area of Opequon Crossing by 7.98 acres, when assuming a the reduced distance (80') buffer option. In total, the dedication of the Route 37 Right of Way and road efficiency buffer requirements utilize 20.45 acres of the project. Utilizing the 5 acre density permitted within the RA district, four lots could have developed within the 20.45 acre right of way/buffer area. At a value of $150,000/unit, these four lots result in a transportation credit value of $600,000. Cut/Fill - Haggerty Blvd Alignment with Future Route 37 On/Off Ramps: $687,090.00 Haggerty Boulevard is a planned major collector identified by the Comprehensive Plan that will provide access to the project from Route 7. Opequon Crossing will construct approximately 3,350 feet of Haggerty Boulevard. To implement the long range transportation plans for Frederick County, Haggerty Boulevard is proposed to intersect with Route 7 across from the future on/off ramp for Route 37. In order to provide for a future 4 way intersection between Route 7, Haggerty Boulevard, and the on/off ramps for Route 37, the design and construction of Haggerty Boulevard must deal with challenging topography including more than 8 feet of elevation change between the eastbound and westbound lanes of Route 7 and cuts of nearly 30 feet south of Route 7 as Haggerty Boulevard enters the property. An alternative alignment for Haggerty Blvd could intersect with Route 7 further to the east where existing topography would be more conducive to construction of the roadway and its intersection with Route 7. The two alignment alternatives for Haggerty Boulevard are depicted on attached Exhibit 2. In addition Exhibit 3 and Exhibit 4 depict the road profiles for the two alternatives to identify the reduced cut/fill conditions required under the alternative alignment. The difference in the cut and fill costs between the alignment necessitated by future Route 37 and the alternative alignment would be eligible for a transportation credit with a value of $687,090. Eastbound Route 7 Left Turn Lane: $50,266.80 As discussed previously, the future intersection of Haggerty Boulevard and Route 7 assumes a fourth leg for the Route 37 on/off ramps. The approved road design includes an eastbound left turn lane for vehicles that will ultimately be turning onto future Route 37. As this improvement is not necessitated by any vehicle trips generated by Opequon Crossing; it is eligible for a transportation credit. The Applicant has applied a conservative value of $50,266.80 for this improvement. New Route 7 Pavement: $328,806.32 Demolition of Existing Route 7 Pavement: $56,908.80 The alignment of Haggerty Boulevard with the future Route 37 ramps require the westbound lanes of Route 7 to be raised by approximately 8 feet. The alternative alignment with a three leg • • Opequon Crossing November 23, 2015 Page 4 Transportation Credits intersection at Route 7 would only require the eastbound lanes to be raised by 1.42 feet. As a result, the portions of Route 7 that would need to be demolished and rebuilt are reduced by more than 83 percent by the alternative layout. Accordingly, the demolition and additional pavement costs necessitated by the alignment of Haggerty Blvd with the future Route 37 ramps are eligible for transportation credits with a combined value of $385,715.17 Maintenance of Traffic: $250,000.00 In order to construct Haggerty Boulevard, as planned and approved, raising the westbound lanes of Route 7 by approximately 8 feet will require phased construction at a considerable costs from a maintenance of traffic standpoint. With 83 percent less fill required on Route 7, the alternative alignment would cost significantly less to implement. The increased costs in the Maintenance of Traffic for the planned alignment for Haggerty Boulevard is eligible for a transportation credit at a value of $250,000.00. Relocation of Existing Force Mains: $121,352.00 The cut required for Haggerty Boulevard at its intersection with Route 7 across from the future Route 37 ramps will require the relocation of 220 LF of existing 10" and 14" force mains. This cost is only required due to the alignment required for Haggerty Boulevard and is eligible for a transportation credit at a value of $121,352.00, consistent with a 2013 bid for completion of Haggerty Boulevard. Total Value of Transportation Credits: $2,094,423 Per Unit Value (574 dwelling units): $3,648 Other Proffer Modifications In addition to the above modifications to the required monetary proffers, in recognition of the plans to re -align Valley Mill Road to the north to a new intersection with Route 7 rather than through Opequon Crossing, the proposed proffer amendment removes the right of way dedication for an East-West collector road through Opequon Crossing. The proposed proffer amendment also removes the section of Haggerty Boulevard which extended into the Route 37 right of way to the southern Property boundary. Long term, the plan would be to provide an interim connection between Route 7 and Senseny Road by extending the spine road through the adjoining property to the south of Opequon Crossing, known as the Riggleman Property. When the existing proffers for the Haggerty property were approved by the Board as part of a proffer modification in 2007, there was the potential for the extension of Haggerty Boulevard through the Riggleman Property as part of a separate development of that property, which now appears unlikely. The extension of Haggerty Boulevard to the southern property boundary of Opequon Crossing would otherwise be eligible for a transportation credit, but avoiding construction of this portion of roadway would be more beneficial to avoid issues associated with a constructed roadway sitting unused for an unknown period of time until an unfunded, off -site extension can be completed. Lastly, in addition to minor edits and clean up type items associated with merging the two existing proffer statements, the proposed proffer amendment Opequon Crossing November 23, 2015 Page 5 Transportation Credits would permit the use of the County's Transfer of Development Rights (TDR) Ordinance as an option to the monetary proffers. The proposed amendments would reduce the overall project lot yield from 625 units to 574 units and ensure that all units within the project are subject to the County's current impact model. The project includes substantial transportation improvements that well exceed the impact of the development itself, which should allow for application of the transportation credit policy as adopted by the Board of Supervisors. This policy and its application at Opequon Crossing helps to ensure that lands within the UDA are developable and are able to accommodate residential growth in the areas planned for by the Frederick County Comprehensive Plan. If you have any questions or comments, please feel free to contact me at (540) 667-2139. Sincerely, PENNONI ASSOCIATES INC. Patrick Sowers Senior Project Engineer Attachments r i Opeguon Crossing - Transportation Credit Calculations Route 37 R/W., Route 37 R/W 12.47 Acres Road Eff. Buffer (80') 7.98 Acres 20.45 Acres @ 5 acre RA density = Cut & Fill: Rt 37 Alignment JAIt. Alignment Difference Value/CY Cut to Fill (SY) 65,144 110,944 -54,200 $7.50 Cut to Offsite (SY) 141,443 122,737 -18,706 $15.00 Route 7 Eastbound Left Turn Lane: Eastbound left turn lane (including 8' shoulder) Route 7 Pavement: New Rt 7 Pavement 12" 21-B 6" BM-25 Section 12" 21-B 6" BM-25 1.5" SM-12.5D Rt 37 Alignment Alt. Alignment SY SY 6333.33 1064.00 3800.00 638.40 4 potential lots x $150,000/lot $600,000.00 Credit $406,500.00 $280,590.00 $687,090.00 SY Value/SY/1" Credit 755.56 $2.50 $22,666.80 400 $9.00 $21,600.00 400 $10.00 $6,000.00 $50,266.80 Difference Value/SY/1" Credit -5269.33 $2.50 $158,079.92 -3161.60 $9.00 $170,726.40 $328,806 Demolition of Existing Rt 7 Pavement: Rt 37 Alignment jAlt.Alignment SY SY Difference Value/SY Credit credit credit credit credit Demolition o Existing Rt 7 3800.00 638.40 -3161.60 $18.00 $56,908.80 credit Modifications of Existing Forcemains: Lower 220 LF Existing 10" & 14" Forcemain - Not Required with Alt Alignment: 1$121,352.00 credit Maintenance of Traffic: Maintenance of Traffic - Savings due to Reduced fill condition on Route 7: 1$250,000.00 credit Total Transportation Credits $2,094,423.92 Maximum Dwelling Units 574 Per Unit Transportation Credit $3,648.82 EXHIBIT 1 \ \RO FUTURE RT 37 RAMPS IAPPR0VE� REQUIRED ALIGNMENT.' .. f ♦♦ ALTERNATIVE '� ROAD ALIGNMENT 5-1 ZOIAL NN& , (ro RanaW -,/ X .. ...�. r r . . ,.�. PENNONI ASSOCIATES INC. 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 HAGGERTY BLVD - ALIGNMENT OPTIONS Opequon Crossing DATE: 10/20/15 1 REV: I I SCALE: 1 " = 400' 1 EXHIBIT 2 • ! • 0 a,4�l,LTH °F� Patton Harris Rust & Associates �f Engineers. Surveyors. Plonners. Landscape Arcl �te<I,. ®ou�v D OPEQUON CROSSING ACCESS ROAD 4 REVISED PER V.D.O.T. COMMENTS OTD. 7/24/O8. k-- .11C CSK pp�������GER I OUL c 3 REVISED PER V.D.O.T. COMMENTS DTD. 6/4/t08. JLC CSK YISLOMN JR 117 East Piccadilly Street. Suite 200 R�JP6J PRORLE 2 REVISED PER F.C.S. A. COMMENTS DTD. 2/19/08. JLC CSK No020674 �T T� Winchester, Virginia 22601 1 REVISED PER V.D.0.1. COMMENTS DID. 1)/15/07. JLC CSK 5ZO.1{.--11 \llT 540.667.2139 FREDERICK COUNTY, VIRGINIA NO. DESCRP MREVS'D REVW'D AWR 041E ONAL 4 F 540 665 0493 REVISION A.P.W. PI-IK+A DRAWN TEAM DATE AUGUST, 2006 CHECKED SCALE R.A.M AS NOTED FILE N0. DRAWING SHEET C14 16 OF 47 A-1412110 EXHIbi 13 0 0 • WI STA • 115+4018 WEBv=SB W A.D. =-12.0 K•Q.1 560 vc 590 E 580 IX EMS ND DlL1DE . — — — — _ 570 0 oRAOE '— 560 � ` / \ \ =SZJ.M Pvl AD­ K•4p1 300 VC ae� � 550 7 So $ ^ s l Sao 530 �---- I z 520 143'EIEV. EFEFENCE@EP w nw n 510 PU +w�mu a ar y J rn ? �3w w 500 % nn o.S 114+00 115+00 116,00 117+00 118+00 119+00 120+00 121+00 122+00 123+00 124100 125+00 126+00 127+00 128+00 129+00 130+00 HAGGERTY BLVD. ALTERNATE ALIGNMENT o sD ,D0 HORIZONTAL SCALE: 1'.=50' VERTICAL SCALE: 1"=10' OPEQUON CROSSING ACCESS ROAD pennoni ALTERNATE ROAD ALIGNMENT FREDERICK COUNTY, VIRGINIA OCTOBER 15, 2015 PENNONI ASSOCIATES INC. 117 East Piccadilly Street Winchester, VA 22601 T 540.667.2139 F 540.665.0493 rv1A1911T A • 0 • 0 23.40' Lr FULL S.E. 52.00' Et 104.00' Lr FULL SUPERELEVAlION 4.00R RIGHT 143.06' Lr 143.06' Lr FULL SUPERELEVATION 4.00% LEFT 104.00' Lr = 0.90% RIGHT HIGH POINT ELEV - 587.58 HIGH POINT STA - 117+05.71 N PVI STA = 117+50 drNr� o tO O1 + �5 + �+ am m PVI ELEV = 596.21 } } U N iv N be N N W + < A.D. _ -14.00 �y N K N K=44.29 - V.s 40: MPH- 620.00' VC 600 V.S.D.r309 _ t . i I ; o . 445' 81 SIGT DI _ 90 i I 5 m m 'piT BJEC s• -_ - - - - -- - - _ -- - - - 580 6- � A.D. - 7.80570 _ K .1 � '37 8 ol-PR i ON q. �� �HDGIi POINT ELEV =� 530.68 _ __ _ 15 _ - 0 \ V290 `m�.. ... ELEV 2534 27. jf- 30SK,�tX �� WA _ 3h68456 .' P m q INTERSECTION. N� K - 1239 at T .- 4282' VC . o V S.D'= _. _ .. M + N� a^ ` A 540 _ EX 0' 1#' F 1 v1 111 ¢ u m it t}1 1 '�30 c - - 0 2w - - -- -'- — F �O Wiz` r $ < m - + 1 REL ATED -98 n Wn V m 10 •O .. .... ______. _ ... Qa�-. I __ ... _.. _.....� 1 __. - ?. FOR MAI I r-ST M z A77J I I I I I I I j 113+00 113+50 114+00 114+50 115+00 115+50 116+00 116+50 117+00 117+50 118+00 118+50 119+00 119+50 120+00 120+50 121+00 121+50 122+00 122+50 723+00 123+50 124+00 124+50 125+00 125+50 126+00 126+50 127+00 127+50 128+00 HAGGEM BOULMM RQAQ PttomF 4040 1111Py NTN°F L iaam T• W 020674 �j �•v ANAL nTLE YKVJGI.I Patton Harris Rust & Associates Engineers. Surveyors. Plonners. Londscope Architects. MNGGpE�F�tTrY� r"F BOUL.6VMD OPEQUON CROSSING ACCESS ROAD TT 117 Ent Plccat101y StreeL Suite 2DO RNIr1Y F16,G ■T, � VYFlchester• Virginia 22601 ���LL T 640.667.2139 FREDERICK COUNTY, VIRGINIA IF540.886.0493 4 REVISED PER V.O.O.T. COMMENTS DTD. 7/24/08. 7/28/ JLC CSK 3 REVISED PER V.D.O.T. COMMENTS DTD. 6/4/0M 8 JLC CSK r 2 REVISED PER F.C.SA, COMMENTS DID. 2/19/08, 3/4/08 JLC CSK 1 REVISED PER V.D.O.T. COMMENTS DTD. 11/15/07. 12/06/0 JLC CSK In. DATE REVn REMD DAE REVISION PROPOSED GRADE EXISTING GRADE HORIZONAI GRAPHIC SCALE- 1 " = 50' 50 0 50 100 VERTICAL _ GRAPHIC T F SCA- 1 = 10' 1D o 10 zo DESIGN SURVEY A.P.W. PHR+A DRAWN TEAM DATE AUGUST, 2006 CHECKED SCALE RAM AS NOTED DRAWING SHEET FILE N0. C14 16 OF 47 A-1412110 tAYllol I a -I STA = „I.- PVI AD•591 .--. K=�2w, —550VC— LI — — i _ I I L I I h„ �m 1 590 — 580 I U15 IW GRAM — 570 I ' ti oaAoe No .W — 30WVC 550 — — - — — — 1 f —.f.- 0 R � " 540 _ All - — \ 530 520 . to Etty. CFFEWE FPI �i 'm ° as zo 510 - :p� 114+00 115+00 116+00 117+00 118+00 119+00 120+00 121+00 122+00 123+00 HAGGERTY BLVD. ALTERNATE ALIGNMENT HORIZONTAL SCALE 1"=50' VERTICAL SCALE: 1"=10' °d 1_ 500 124+00 125+00 126+00 127+00 128+00 129+00 130+00 0 59 00' OPEQUON CROSSING ACCESS ROAD pennon ALTERNATE ROAD ALIGNMENT FREDERICK COUNTY. VIRGINIA OCTOBER 15 2015 PENNONI ASSOCIATES INC. 117 East Piccadilly Street Winchester, VA 22601 T 540.667.2139 F 540.665.0493 EXHIBIT 4 • Pennoni PENNONI ASSOCIATES INC. CONSULTING ENGINEERS September 3, 2015 Mr. John Bishop, AICP Deputy Director, Transportation Frederick County Planning and Development 107 N Kent Street, Suite 202 Winchester, VA 22601 • RE: Opequon Crossing Proffer Modification Request — Transportation Credits Dear Mr. Bishop, As a follow up to our recent discussions, please find attached a revised proffer statement and generalized development plan for the proposed proffer amendment for Opequon Crossing in order to apply a transportation credit under the policy adopted by the Board of Supervisors in late 2013. To aid in your review, I have revised the following background and justification to be consistent with the attached proffer statement and GDP. Background At a work session held on December 6, 2013, the Frederick County Board of Supervisors (the "BOS") adopted a policy to allow for transportation proffer credits for rezoning applications in Frederick County (the "County"). This policy allows for the value of proffered transportation improvements that exceed the scope of the improvements necessary to mitigate the impacts of the development to be taken as a credit against the monetary proffers for the project. The dedication of right of way for future Route 37 through Opequon Crossing is an example of an eligible transportation proffer. In addition, we believe that portions of the improvements associated with Haggerty Boulevard, which implements a roadway planned for by the Frederick County Comprehensive Policy Plan (the "Comp Plan"), are eligible for transportation credits. Opequon Crossing is currently approved for up to 625 dwelling units and the residential portions of the project are currently comprised of two separate, but contiguous, rezoning applications including Rezoning #04-07 for the "Haggerty Property" and Rezoning #12-07 for the "Adams Property." For reference, copies of the existing rezoning approvals are attached. The Haggerty Property is permitted for up to 300 dwelling units and the Adams Property is permitted for up to 325 dwelling units. The Haggerty Property was originally rezoned prior to the major overhaul of the County's proffer model in 2005, resulting in a lower monetary proffer compared to the Adams Property. The current per unit monetary proffer amounts, as required by the approved proffers for the Haggerty and Adams properties, is as follows: Table 1. Existing Monetary Proffers Dwelling Type Haggerty (300 du) Adams (325 du) Single Family Detached $10,211 $26,664 Single Family Attached $ 8,051 $18,441 117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493 www.pennoni.com Opequon Crossing September 3, 2015 Page 2 Transportation Credits The current Frederick County Proffer Model identifies the following per unit monetary proffer guidelines: Table 2. Current Frederick County Impact Model Single Family Detached $19,681 Single Family Attached $13,681 Proposed Proffer Amendment In order to utilize the policy for transportation proffer credits, we understand that the project would need to conform to the current County Proffer Model. Accordingly, the proposed proffer statement combines the Haggerty and Adams under a single rezoning application for Opequon Crossing, thereby increasing the Haggerty monetary proffers and decreasing the Adams proffers to be consistent with the County's current proffer model. The monetary proffers reflect a total transportation credit of $2,846,106 for both dedicated right of way and constructed improvements. In addition, while the current zoning approvals enable up to 625 dwelling units, the proposed proffer statement reduces the maximum number of dwelling units to 574. The resulting per unit transportation credit would be $4,958 as depicted in the following tables: Table 3. Single Family Detached— Transportation Credit Adjustment Current Model Credit Adjusted Proffer Fire and Rescue $547 ($138) $409 General Government $1,373 ($346) $1,027 Public Safety $0 ($0) $0 Library $442 ($111) $331 Parks and Recreation $1,819 ($458) $1,361 School Construction $15 499 ($3 905) $11,594 TOTAL $19,681 ($4,958) $14,722 Table 4. Single Family Attached— Transportation Credit Adjustment Current Model Credit Adjusted Proffer Fire and Rescue $406 ($147) $259 General Government $1,050 ($381) $669 Public Safety $0 ($0) $0 Library $338 ($122) $216 Parks and Recreation $1,391 ($504) $887 School Construction $10 495 ($3,804) $6,691 TOTAL $13,681 ($4,958) $8,722 The following values for dedications and improvements were used to determine the transportation credit. 0 Opequon Crossing September 3, 2015 Page 3 Transportation Credits Route 37 Right of Way: $1,480,000 Value Less Haggerty Blvd Extension ($390,144) Net Transportation Credit $1,089,856 Credit Opequon Crossing provides for 12.47 acres of right of way for future Route 37. At a density of 6 units/acre, as permitted by the Frederick County Zoning Ordinance, the right of way area for future Route 37 has the potential to yield 74 dwelling units. Assuming a value of $20,000/dwelling unit, the value of the Route 37 Right of Way is $1,480,000. In recognition that the proposed proffer revision does not include the extension of Haggerty Boulevard as two lanes of Route 37 to the southern property line, and despite the fact that this road extension would be eligible for a proffer credit itself, the Property Owner has proposed to provide an offset of $390,144 for the road extension against the overall right of way value as a public benefit. Thus the adjusted transportation credit value for the Route 37 Right of Way is $1,089,856. Obscuring Route 7 Entrance and Median Crossover for FWSA: $75,000 Credit The construction of Haggerty Boulevard includes a new, signalized intersection on Route 7 and will provide for a new access road from Haggerty Boulevard for the adjoining Opequon Treatment Plant for the Frederick -Winchester Service Authority. With this new access point provided, the existing median crossing of Route 7 and the current entrance to the Opequon Treatment Plant on Route 7 will be removed. New FWSA Access Road: $431,250 Credit As mentioned previously, the designed improvements include a new 1,150 foot long access road for the FWSA from Haggerty Boulevard to serve the Opequon Treatment Plant. The pavement section for this roadway utilizes an open ditch section and includes significant earthwork, including fill conditions of more than 30 feet in select areas. The design of the FWSA access road includes a pavement section of 10" 21-13, 4" BM-25, and 1.5" SM-12.51D. Alignment of Haggerty Boulevard and EB Route 7 Left Turn Lane: $1,250,000 Credit To accommodate the long range land use plans for the area, the alignment of Haggerty Boulevard's signalized intersection with Route 7 is located to accommodate the northbound on and off -ramps of future Route 37. In addition, the proposed improvements for the intersection of Haggerty Boulevard include an eastbound left turn lane on Route 7, which will ultimately serve traffic accessing the northbound lanes of future Route 37. In order to align Haggerty Boulevard with the ramps for future Route 37, significant earthwork work is required on Route 7, including raising the westbound travel lanes by more than five feet. Total Value of Transportation Credits: $2,846,106 Per Unit Value (574 dwelling units): $4,958 0 0 Opequon Crossing September 3, 2015 Page 4 Transportation Credits Other Proffer Modifications In addition to the above modifications to the required monetary proffers, in recognition of the plans to re -align Valley Mill Road to the north to a new intersection with Route 7 rather than through Opequon Crossing, the proposed proffer amendment removes the right of way dedication for an East-West collector road through Opequon Crossing. As mentioned above, the proposed proffer amendment also removes the section of Haggerty Boulevard which extended into the Route 37 right of way to the southern Property boundary. These improvements would otherwise be eligible for a transportation credit, but avoiding construction of this portion of roadway would likely be more beneficial to avoid issues associated with a constructed roadway sitting unused for an unknown period of time until an unfunded, off -site extension can be completed. Lastly, in addition to minor edits and clean up type items associated with merging the two existing proffer statements, the proposed proffer amendment would permit the use of the County's Transfer of Development Rights (TDR) Ordinance as an option to the monetary proffers. The proposed amendments would reduce the overall project lot yield from 625 units to 574 units and ensure that all units within the project are subject to the County's current impact model. The project includes substantial transportation improvements that well exceed the impact of the development itself, which should allow for application of the transportation credit policy as adopted by the Board of Supervisors. This policy and its application at Opequon Crossing helps to ensure that entitled lands within the UDA are developable and are able to accommodate residential growth in the areas planned for by the Frederick County Comprehensive Plan. If you have any questions or comments, please feel free to contact me at (540) 667-2139. Sincerely, PENNONI ASSOCIATES INC. Patrick Sowers Senior Project Engineer E • Pennoni PENNONI ASSOCIATES INC. CONSULTING ENGINEERS October 20, 2015 Mr John Bishop. AICP Deputy Director, Transportation Frederick County Planning and Development 107 N Kent Street, Suite 202 Winchester, VA 22601 RE: Opequon Crossing Proffer Modification Request — Transportation Credits Dear Mr. Bishop. As a follow up to our recent discussions. please find attached a revised proffer statement and generalized development plan for the proposed proffer amendment for Opequon Crossing in order to apply a transportation credit under the policy adopted by the Board of Supervisors in January of 2014 In addition. please find attached several exhibits and the following background and justification for the application. Background In January of 2014. the Frederick County Board of Supervisors (the -BOS') adopted a policy to allow for transportation proffer credits for rezoning applications in Frederick County (the 'County'). This policy allows for the value of proffered transportation improvements that exceed the scope of the improvements necessary to mitigate the impacts of the development to be taken as a credit against the monetary proffers for the project The dedication of right of way for future Route 37 through Opequon Crossing is an example of an eligible transportation proffer In addition. we believe that portions of the improvements associated with Haggerty Boulevard, which implements a roadway planned for by the Frederick County Comprehensive Policy Plan (the "Comp Plane). are eligible for transportation credits. Opequon Crossing is currently approved for up to 625 dwelling units and the residential portions of the project are currently comprised of two separate, but contiguous rezoning applications including Rezoning #04-07 for the "Haggerty Property" and Rezoning #12-07 for the "Adams Property For reference. copies of the existing rezoning approvals are attached. The Haggerty Property is permitted for up to 300 dwelling units and the Adams Property is permitted for up to 325 dwelling units The Haggerty Property was originally rezoned prior to the major overhaul of the County s proffer model in 2005, resulting in a lower monetary proffer compared to the Adams Property. The current per unit monetary proffer amounts. as required by the approved proffers for the Haggerty and Adams properties. is as follows Table 1. Existing Monetary Proffers Dwelling Type Haggerty (300 du) Adams (325 du) Single Family Detached $10,211 $26,664 Single Family Attached $ 8,051 $18,441 117 East Piccadilly Street • Winchester VA 22601 • Ph 540-667-2139 • Fx 540-665-0493 www pennons com • s Opequon Crossing October 20, 2015 Page 2 Transportation Credits The current Frederick County Proffer Model identifies the following per unit monetary proffer guidelines: Table 2. Current Frederick County Impact Model Single Family Detached $19,681 Single Family Attached $13,681 Proposed Proffer Amendment In order to utilize the policy for transportation proffer credits, we understand that the project would need to conform to the current County Proffer Model. Accordingly, the proposed proffer statement combines the Haggerty and Adams under a single rezoning application for Opequon Crossing, thereby increasing the Haggerty monetary proffers and decreasing the Adams proffers to be consistent with the County's current proffer model. The monetary proffers reflect a total transportation credit of $2,094,423 for both dedicated right of way and constructed improvements. The applicable transportation credit values are attached as Exhibit 1. In addition, while the current zoning approvals enable up to 625 dwelling units, the proposed proffer statement reduces the maximum number of dwelling units to 574. The resulting per unit transportation credit would be $3,648 and applied to the proffers for single family detached and attached units as depicted by the following tables: Table 3. Single Family Detached — Transportation Credit Adjustment Current Model Credit Adjusted Proffer Fire and Rescue $547 ($101) $446 General Government $1,373 ($255) $1,118 Public Safety $0 ($0) $0 Library $442 ($82) $360 Parks and Recreation $1,819 ($1,819) $0 School Construction $15 499 ($1,391) $14,108 TOTAL $19,681 ($3,648) $16,031 Table 4. Single Family Attached — Transportation Credit Adjustment Current Model Credit Adjusted Proffer Fire and Rescue $406 ($108) $298 General Government $1,050 ($280) $770 Public Safety $0 ($0) $0 Library $338 ($90) $248 Parks and Recreation $1,391 ($1,391) $0 School Construction $10 495 ($1 779) $8,716 TOTAL $13,681 ($3,648) $10,032 Opequon Crossing October 20, 2015 Page 3 Transportation Credits The proposed proffer statement for Opequon Crossing includes substantial recreation related proffers including a community clubhouse with a minimum floor area of 3,000 square feet and a swimming pool or pools with a minimum surface area of 3,500 square feet. In addition, the Applicant has proffered to provide for a substantial trail network through the Property which will be owned and maintained by the HOA for Opequon Crossing, but will be open to the public. These proffers ensure that the project will mitigate impacts to recreation uses. In recognition of these significant recreation related proffers provided, the Applicant has elected to apply more of the per unit credit to parks and recreation uses thereby reducing the credits applied to school construction. Justification for Credit Values The following is a summary of the credit values as depicted on attached Exhibit 1 and utilized for the proposed proffer amendment. Route 37 Right of Way and Road Efficiency Buffer: $600,000.00 Opequon Crossing provides for 12.47 acres of right of way for future Route 37. In addition, the road efficiency buffer required by the zoning ordinance further reduces the buildable area of Opequon Crossing by 7.98 acres, when assuming a the reduced distance (80') buffer option. In total, the dedication of the Route 37 Right of Way and road efficiency buffer requirements utilize 20.45 acres of the project. Utilizing the 5 acre density permitted within the RA district, four lots could have developed within the 20.45 acre right of way/buffer area. At a value of $150,000/unit, these four lots result in a transportation credit value of $600,000. Cut/Fill - Haggerty Blvd Alignment with Future Route 37 On/Off Ramps: $687,090.00 Haggerty Boulevard is a planned major collector identified by the Comprehensive Plan that will provide access to the project from Route 7. Opequon Crossing will construct XXXXX feet of Haggerty Boulevard. To implement the long range transportation plans for Frederick County, Haggerty Boulevard is proposed to intersect with Route 7 across from the future on/off ramp for Route 37. In order to provide for a future 4 way intersection between Route 7, Haggerty Boulevard, and the on/off ramps for Route 37, the design and construction of Haggerty Boulevard must deal with challenging topography including more than 8 feet of elevation change between the eastbound and westbound lanes of Route 7 and cuts of nearly 30 feet south of Route 7 as Haggerty Boulevard enters the property. An alternative alignment for Haggerty Blvd could intersect with Route 7 further to the east where existing topography would be more conducive to construction of the roadway and its intersection with Route 7. The two alignment alternatives for Haggerty Boulevard are depicted on attached Exhibit 2. In addition Exhibit 3 and Exhibit 4 depict the road profiles for the two alternatives to identify the reduced cut/fill conditions required under the alternative alignment. The difference in the cut and fill costs between the alignment necessitated by future Route 37 and the alternative alignment would be eligible for a transportation credit with a value of $687,090. Eastbound Route 7 Left Turn Lane: $50,266.80 As discussed previously, the future intersection of Haggerty Boulevard and Route 7 assumes a fourth leg for the Route 37 on/off ramps. The approved road design includes an eastbound left Opequon Crossing October 20, 2015 Page 4 Transportation Credits turn lane for vehicles that will ultimately be turning onto future Route 37. As this improvement is not necessitated by any vehicle trips generated by Opequon Crossing, it is eligible for a transportation credit. The Applicant has applied a conservative value of $50,266.80 for this improvement. New Route 7 Pavement: $328,806.32 Demolition of Existing Route 7 Pavement: $56,908.80 The alignment of Haggerty Boulevard with the future Route 37 ramps require the westbound lanes of Route 7 to be raised by approximately 8 feet. The alternative alignment with a three leg intersection at Route 7 would only require the eastbound lanes to be raised by 1.42 feet. As a result, the portions of Route 7 that would need to be demolished and rebuilt are reduced by more than 83 percent by the alternative layout. Accordingly, the demolition and additional pavement costs necessitated by the alignment of Haggerty Blvd with the future Route 37 ramps are eligible for transportation credits with a combined value of $385,715.17 Maintenance of Traffic: $250,000.00 In order to construct Haggerty Boulevard, as planned and approved, raising the westbound lanes of Route 7 by approximately 8 feet will require phased construction at a considerable costs from a maintenance of traffic standpoint. With 83 percent less fill required on Route 7, the alternative alignment would cost significantly less to implement. The increased costs in the Maintenance of Traffic for the planned alignment for Haggerty Boulevard is eligible for a transportation credit at a value of $250,000.00. Relocation of Existing Force Mains: $121,352.00 The cut required for Haggerty Boulevard at its intersection with Route 7 across from the future Route 37 ramps will require the relocation of 220 LF of existing 10" and 14" force mains. This cost is only required due to the alignment required for Haggerty Boulevard and is eligible for a transportation credit at a value of $121,352.00, consistent with a 2013 bid for completion of Haggerty Boulevard. Total Value of Transportation Credits: $2,094,423 Per Unit Value (574 dwelling units): $3,648 Other Proffer Modifications In addition to the above modifications to the required monetary proffers, in recognition of the plans to re -align Valley Mill Road to the north to a new intersection with Route 7 rather than through Opequon Crossing, the proposed proffer amendment removes the right of way dedication for an East-West collector road through Opequon Crossing. The proposed proffer amendment also removes the section of Haggerty Boulevard which extended into the Route 37 right of way to the southern Property boundary. Long term, the plan would be to provide an interim connection between Route 7 and Senseny Road by extending the spine road through Opequon Crossing October 20, 2015 Page 5 Transportation Credits the adjoining property to the south of Opequon Crossing, known as the Riggleman Property. When the existing proffers for the Haggerty property were approved by the Board as part of a proffer modification in 2007, there was the potential for the extension of Haggerty Boulevard through the Riggleman Property as part of a separate development of that property, which now appears unlikely. The extension of Haggerty Boulevard to the southern property boundary of Opequon Crossing would otherwise be eligible for a transportation credit, but avoiding construction of this portion of roadway would be more beneficial to avoid issues associated with a constructed roadway sitting unused for an unknown period of time until an unfunded, off -site extension can be completed. Lastly, in addition to minor edits and clean up type items associated with merging the two existing proffer statements, the proposed proffer amendment would permit the use of the County's Transfer of Development Rights (TDR) Ordinance as an option to the monetary proffers. The proposed amendments would reduce the overall project lot yield from 625 units to 574 units and ensure that all units within the project are subject to the County's current impact model. The project includes substantial transportation improvements that well exceed the impact of the development itself, which should allow for application of the transportation credit policy as adopted by the Board of Supervisors. This policy and its application at Opequon Crossing helps to ensure that lands within the UDA are developable and are able to accommodate residential growth in the areas planned for by the Frederick County Comprehensive Plan. If you have any questions or comments, please feel free to contact me at (540) 667-2139 Sincerely, PENNONI ASSOCIATES INC. /I. - -,)Z. �-,Z" - - � - - Patrick Sowers Senior Project Engineer Attachments i Opeguon Crossing - Transportation Credit Calculations Route 37 R/W 12.47 Acres Road Eff. Buffer (80') 7.98 Acres 20.45 Acres @ 5 acre RA density = 4 potential lots x $150,000/lot Cut & Fill: credit Rt 37 Alignment JAIt. Alignment Difference Value/CY Credit Cut to Fill (SY) 65,144 110,944 -54,200 1$7.50 $406,500.00 Cut to Offsite (SY) 41,443 122,737 -18,706 1$15.00 $280,590.00 $687,090.00 credit Route 7 Eastbound Left Turn Lane: Section SY Value/SY/1" Credit Eastbound left turn lane (including 8' shoulder) 12" 21-B 755.56 $2.50 $22,666.80 6" BM-25 400 $9.00 $21,600.00 1.5" SM-12.5D 400 $10.00 $6,000.00 Route 7 Pavement: New Rt 7 Rt 37 Alignment Alt. Alignment Pavement SY SY 12" 21-B 6333.33 1064.00 6" BM-25 3800.00 638.40 550.266.80 credit Difference Value/SY/1" Credit -5269.33 $2.50 $158,079.92 -3161.60 $9.00 $170,726.40 $328,806 credit Demolition of Existing Rt 7 Pavement: Rt 37 Alignment Alt. Alignment SY SY Difference Value/SY Credit Demolition o Existing Rt 7 3800.00 638.40-3161.60 $18.00 $56,908.80 credit Modifications of Existing Forcemains: Lower 220 LF Existing 10" & 14" Forcemain - Not Required with Alt Alignment: 1$121,352.00 credit Maintenance of Traffic: Maintenance of Traffic - Savings due to Reduced fill condition on Route 7: 1$250,000.00 credit Total Transportation Credits $2,094,423.92 Maximum Dwelling Units 574 Per Unit Transportation Credit $3,648.82 EXHIBIT 1 E ,� P; e5 Pennon) PENNO ASSOCIATES SSOCIATESINC. CONSULTING ENGINEERS MEMORANDUM TO: John Bishop AICP FROM: Patrick Sowers DATE: October 20, 2015 SUBJECT: Opequon Crossing Transportation Credits — Proffer Revision Please find attached a revised proffer statement dated October 20, 2015 (both clean and redline versions) for Opequon Crossing In addition. I have also provided a revised statement of justification with exhibits for the proposed transportation credit, which has been reduced to $2.094.423, resulting in a per unit credit of $3.648. Per our previous discussion, the proffer has been revised to require that a minimum of the 215 dwelling units will be single family detached dwellings to be consistent with the existing proffers applicable to the Haggerty and Adams rezonings If you have any questions. please feel free to contact me at (540) 667-2139 1% FUTURE ..., ! gi: i APPR❑V REQUIRED ALIGNMENT' • r ALTERNATIVE ROAD ALIGNMENT �. Tr `. co�clAL ` �.. EX H-I Z0NIN9 (To Remain) .,.,+ PENNONI ASSOCIATES INC. HAGGERTY BLVD - ALIGNMENT OPTIONS 117 E. Picadilly St. Winchester, Virginia 22601 Q e U 0 n Crossing VOICE: (540) 667-2139 FAX: (540) 665-0493 P q DATE: 10/20/15 REV: SCALE: 1 " = 400' EXHIBIT 2 Pennoni PENNONIASSOCIATES INC CONSUL TIN(, F NGINF FHti September 30, 2015 Mr. Eric Lawrence, AICP Frederick County Planning Director 107 N Kent Street, Suite 202 Winchester, VA 22601 RE: Opequon Crossing Proffer Amendment Dear Eric, Pursuant to our conversation earlier today, I formally request to postpone the Opequon Crossing Proffer Amendment application, currently scheduled for the October 7`h Planning Commission meeting, for a period of 30 days. If you have any questions, please feel free to contact me at (540) 667-2139. Sincerely. PENNONI ASSOCIATES INC. Patrick Sowers Senior Project Engineer 117 East Piccadilly Street • Winchester, VA 22601 • Ph. 540.667-2139 • Fx: 540-665-0493 www.pennoni.com LJ Pam Deeter From: Eric Lawrence Sent: Thursday, October 01, 2015 11:26 AM To: Pam Deeter Subject: Re: Opequon Crossing - Postponement Request 9-30-15.pdf No Sent from iPhone > On Oct 1, 2015, at 11:12 AM, Pam Deeter <pdeeter@fcva.us> wrote: > Will there be a fee for postponement? > -----Original Message ----- > From: Eric Lawrence > Sent: Thursday, October 01, 2015 11:09 AM > To: Diane Walsh; Pam Deeter; John Bishop > Subject: Opequon Crossing - Postponement Request 9-30-15.pdf > Please print the attachment and place in the file. Thank you i I I� ,Pennom _____ PENNONI ASSOCIATES INC. CONSULTING ENGINEERS MEMORANDUM TO: John Bishop, AICP FROM: Patrick Sowers DATE: September 11, 2015 SUBJECT: Opequon Crossing — Proffer Amendment CC: Please find attached the following application materials for the proposed Proffer Amendment for Opequon Crossing: 1) Application form 2) Power of Attorney (original submitted to your office on June 9, 2015) 3) Letter detailing the proposed proffer amendment 4) Proposed Proffer Statement and Generalized Development Plan 5) Comments from VDOT and the County Attorney 6) Property Deeds 7) Plats depicting boundaries for the three parcels subject to the rezoning request 8) Verification of taxes paid 9) Application fee in the amount of $1,000 Should you have any questions, please contact me at (540) 667-2139. I r ' SFP 1 1 2015 f 117 East Piccadilly Street Winchester, VA 22601 Ph: 540-667-2139 Fx: 540-665-0493 www.pennoni.com SEP l 1 2015 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET POUR APPROVAL, PLEASE PROVIDE COAIAIENTS AS TO 111HA T I'0 U 11/0 ULD LIKE TO HA VE COAIPLETED. Initials Candice Mark Dave Eric Mike CJoIiII COMMENTS: Received by Clerical Staff (Date & Time): (S:Office on Blackbox\Forms\Document Approval Form — 12/27/13) nnfn ,e. 'r-- q l /S V -- 14u S,I �0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 NOTIFICATION OF PUBLIC HEARING November 23, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION #06-15 FOR OPEQUON CROSSING On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, December 9, 2015 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 #06-15 OPCQUON CROSSING submitted by Pennoni Associates, to revise proffers associated with Rezoning #04-07 and Rezoning #12-07. This revision relates specifically to the monetary transportation credits. The properties are located south of the existing terminus of Eddys Lane (Route 820) approximately south of Route 7 and adjacent to Opequon Creek. The properties are identified with Property Identification Numbers 55-A- 210, 55-A-212 and 55-A-212A in the Redbud Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.feva.us. Sincerely, John A. Bisho ), AICP Deputy Director •ansportation JAB/pd 107 North Kent Strcct, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Pax: 540/665-6395 NOTIFICATION OF PUBLIC HEARING November 23, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #06-15 FOR OPEQUON CROSSING On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, December 9, 2015 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 #06-15 OPEQUON CROSSING submitted by Pcnnoni Associates, to revise proffers associated with Rezoning 04-07 and Rezoning 1/12-07. This revision relates specifically to the monetary transportation credits. The properties are located south of the existing terminus of Eddys Lane (Route 820) approximately south of Route 7 and adjacent to Opequon Creek. The properties are identified with Property Identification Numbers 55-A- 210, 55-A-212 and 55-A-212A in the Redbud Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, C eAICP John A. Bisho Deputy Directsportation JAB/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on t ay J from the Department o1•Planning and Development, Frederick County, Virginia: John A. Bis to raps) - ation Planner Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, Y-4 1 1- In �(1 l l� � a Notary Public in and for the State and County aforesaid, do) hereby certify that John A. Bishop, Transportation Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated I1OJ,131-1 :)C) I S . has personally appeared before me and acknowledged the same in my State and County aforesaid. 1� Given Under my hand this �ll 1 day Of (10 V�(7 �y •_70 My commission expires on col-e f) a- r i v�r�i�I�A#H`RffJ`2f.`shAITH NOTARY PUBLIC REGISTRATION 11 7660563 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES SEPTEMBER 30, 2019 Easy Peer' Labels Ak Use AveryO Template 51610 Feed Paper 55 - A- - 210- t THECANYON CIO DAVE HOLLIDAY CONSTR INC 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601.6435 55 - A- - 212-A THE CANYON LC CIO DAVE HOLLIDAY CONSTR INC 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601.6435 55 -A- -211- TOLL VA IV LP 19775 BELMONT EXEC PLZ STE 250 ASHBURN VA 20147.7601 55M - 2- 9- 149-D TWIN LAKES OVERLOOK COMMUNITY ASSOC 19775 BELMONT EXEC PLZ STE 250 ASHBURN VA 20147.7601 55-A--181- ARCADIA COMMUNITIES INC 1602 VLG MKT BLVD SE STE 400 LEESBURG VA 20175.4722 55 -4- - 4-A ROBERTS KATRINA LEWIS 1004 CLARK ST STARKE FL 32091.2125 55 -4- - 2- INVESTORS AT LLC PO BOX 550 STEPHENS CITY VA I Bend along Hne to (-�,� AVERY051610 expose Pop-up EdgeTM V 55 - A. - 212- THE CANYON LC CIO DAVE HOLLIDAY CONSTR INC 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601.6435 55 - A- - 209- TOLL VA IV LP 19775 BELMONT EXEC PLZ STE 250 ASHBURN VA 20147.7601 65 - A- - 195- RIGGLEMAN LISA ANN RIGGLEMAN MILDRED L 7000 BEN FRANKLIN RD SPRINGFIELD VA 22150.3014 55G - 5- 3- 225-A ARCADIA COMMUNITIES INC 1602 VLG MKT BLVD SE STE 400 LEESBURG VA 20175.4722 55 - A- - 165- VALLEY MILL FARM LC 8739 C ST CHESAPEAKE BEACH MD 20732.9235 55 -4- - 3- MCKEE MICHAEL EDWARD 283 EDDYS LN WINCHESTER VA 22602.7917 55 -4- - 1- FREDERICK-WINCHESTER PO BOX 43 22655.0550 WINCHESTER VA 22604.0043 Ift 56 -A- - 18-A FORT COLLIER CIVIL WAR CENTER INC CIO JOHN V STEVENS 1460 UNIVERSITY DR WINCHESTER VA 22601.5100 55 - A- - 174- BRADFIELD JOHN G TRUSTEE 3 WOODCREEK CT DURHAM NC 27713.6170 ttiquettes faciles h peter A Utilisez le gabarit AVERY® 51610 Sens de chargement Repllez A la hachure afin de www.averycom I rAvAler le rebord Pop-up"" 1-800-GO-AVERY j Bend along line to expose Pop-up Edge'rm �AVERY®5161® 55 - A- - 212- THE CANYON LC C/O DAVE HOLLIDAY CONSTR INC 420 W JUBAL EARLY DR STE 193 WINCTIESTER VA 22601.6435 55 - A- - 209- "i3OLL VA IV LP 197�5 BELMONT EXEC PLZ STE 250 ASHBURN VA 20147-7601 5G - 5- 3- 225-A ARCADIA COMMUNITIES INC 1602i/4G MKT BLVD SE STE 400 LEESBUR VA 20175.4722 6`5- A - L.IU J �S 5A -Z1 2- Adjoining Property Owners — Opequon Crossing �!1 Y To: Barbra -Data Processing From: Pam -Planning Dept. Please print sets of labels by io�8 15 Thanks! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number PIN Name: Toll VA IV LP 19775 Belmont Exec Plz, Suite 250 Property # 55-A-209 Ashburn, VA, 20147 Name: Toll VA IV LP 19775 Belmont Exec Plz, Suite 250 Property #: 55-A-211 Ashburn, VA, 20147 Name: Lisa Riggleman and Mildred Riggleman 1 7000 Ben Franklin Road #: 65-A-195 S rin field, VA 22150 -Property Name: Twin Lakes Overlook Community Association 19775 Belmont Exec Plz, Suite 250 Property#: 55M-2-9-149D Ashburn, VA, 20147 Name: Arcadia Communities Inc. 1602 Village Market Blvd SE Property #: 55G-5-3-225A Leesbur , VA 20175 Name: Arcadia Communities Inc. 1602 Village Market Blvd SE Property#: 55-A-181 Leesburg, VA 20175 Name: Valley Mill Farm LC 8739 C Street Property#: 55-A-165 Chesapeake Beach, MD 20732 Name: Katrina Roberts 1004 Clark St Property #: 55-44A Starke, FL 32091 Name: Michael McKee 283 Eddys Ln Property#: 55-4-3 Winchester, VA 22602 Name: Investors At, LLC P.O. Box 22655 Property #: 55-4-2 Ste hens Cit , VA 22655 Name: Frederick -Winchester Service Authority P.O. Box 43 Property #: 55-4-1 Winchester, VA 22604 Name: Frederick -Winchester Service Authority P.O. Box 43, Property #: 56-A-19 Winchester, VA 22604 Name: Frederick -Winchester Service Authority P.O. Box 43 Property #: 56-A-18 Winchester, VA 22604 Name: Fort Collier Civil War Center, Inc. 1460 University Drive Property #: 56-A-18A Winchester, VA 22601 Name: John Bradfield, Trustee 3 Woodcreek Ct Property #. 55-A-174 Durham, NC 27713 Name: Property #: ------ :3:1E -A - 5 55-A-ZI 2. A-g!aA Adjoining Property Owners — Opequon Crossing Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floo1 of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number PIN Name: Toll VA IV LP 19775 Belmont Exec Plz, Suite 250 Property #: 55-A-209 Ashburn, VA, 20147 Name: Toll VA IV LP 19775 Belmont Exec Plz, Suite 250 Property #: 55-A--211 Ashburn, VA, 20147 Name: Lisa Riggleman and Mildred Riggleman 7000 Ben Franklin Road Property #: 65-A-195 Springfield, VA 22150 Name: Twin Lakes Overlook Community Association 19775 Belmont Exec Plz, Suite 250 Property#: 55M-2-9-149D Ashburn, VA, 20147 Name: Arcadia Communities Inc. 1602 Village Market Blvd SE Property #: 55G-5-3-225A Leesburg, VA 20175 Name: Arcadia Communities Inc. 1602 Village Market Blvd SE Property #: 55-A-181 Leesburg, VA 20175 Name: Valley Mill Farm LC 8739 C Street Property #: 55-A-165 Chesa eake Beach, MD 20732 Name: Katrina Roberts 1004 Clark St Property #: 55-4-4A Starke, FL 32091 Name: Michael McKee 283 Eddys Ln Property #: 55-4-3 Winchester, VA 22602 Name: Investors At, LLC P.O. Box 22655 Property #: 55-4-2 Ste hens Cit , VA 22655 Name: Frederick -Winchester Service Authority P.O. Box 43 Property #: 55-4-1 Winchester, VA 22604 Name: Property #: Frederick -Winchester Service Authority 56-A-19 P.O. Box 43 ; Winchester, `/A 22604 Name: Frederick -Winchester Service Authority P.O. Box 43 Property #: 56-A-18 Winchester, VA 22604 Name: Fort Collier Civil War Center, Inc. 1460 University Drive Property #: 56-A-18A Winchester, VA 22601 Name: John Bradfield, Trustee 3 Woodcreek Ct Property #: 55-A-174 Durham, NC 27713 Name: Property #: 1 Y C Pam Deeter From: Eric Lawrence Sent: Wednesday, September 30, 2015 6:14 PM To: Diane Walsh; Pam Deeter; Shannon Conner; John Bishop Subject: Opegoun Crossing Opequon Crossing has requested postponement until the November 4 PC meeting. Please remove the application from the °C Agenda ASAP. Mark cover page with "Postpone". Upload the internet, and refresh PC member notifications advising the re -visit Self -Serve. The display advertisement also needs to be marked postpone. Thanks! Eric R. Lawrence, AICP Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 540-665-5651 elawrenc fcva.us www.FCVA.us/Planning COUNTY of FREDERICK Department of'Planning and Development 540/ 665-5651 Fax: 540/665-6395 NOTIFICATION OF PUBLIC HEARING October 21, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #06-15 FOR OPEQUON CROSSING On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, November 4, 2015 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 #06-15 OPEQUON CROSSING submitted by Pennoni Associates, to revise proffers associated with Rezoning #04-07 and Rezoning 1112-07. This revision relates specifically to the monetary transportation credits. The properties are located south of the existing terminus of Eddys Lane (Route 820) approximately south of Route 7 and adjacent to Opeduon Creek. The properties are identified with Property Identification Numbers 55-A- 210, 55-A-212 and 55-A-212A in the Redbud Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of' Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: \v\vw.fcva.us. Sincerely, in A. Bishop, AICP Deputy Director Transportation JAB/pd 107 North Kent SirCet, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 NOTIFICATION OF PUBLIC HEARING October 21, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #06-15 FOR OPEQUON CROSSING On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, November 4, 2015 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 #06-15 OPEQUON CROSSING submitted by Pennoni Associates, to revise proffers associated with Rezoning #04-07 and Rezoning #12-07. This revision relates specifically to the monetary transportation credits. The properties are located south of the existing terminus of Eddys Lane (Route 820) approximately south of Route 7 and adjacent to Opequon Creek. The properties are identified with Property Identification Numbers 55-A- 210, 55-A-212 and 55-A-212A in the Redbud Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, in A. Bishop, AICP Deputy Director- Transportation JAB/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is o -2 County, to certify that the attached correspondence was mailed to the following on Is fi-om the Department of Planning and Development, Frederick Virginia: nia: 55 - A- - 210- THECANYON CIO DAVE HOLLIDAY CONSTR INC 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601.6435 55 - A- - 212- THE CANYON LC CIO DAVE HOLLIDAY CONSTR INC 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601.6435 55 - A- - 212-A THE CANYON LC CIO DAVE HOLLIDAY CONSTR INC 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601-6435 55 - A- - 209- TOLL VA IV LP 19775 BELMONT EXEC PLZ STE 250 ASHBURN VA 20147.7601 55 -A- - 211- TOLL VA IV LP 19775 BELMONT EXEC PLZ STE 250 65 - A- - 195- RIGGLEMAN LISA ANN RIGGLEMAN MILDRED L 7000 BEN FRANKLIN RD SPRINGFIELD VA 22150.3014 55M - 2- 9- 149-D TWIN LAKES OVERLOOK COMMUNITY ASSOC 19775 BELMONT EXEC PLZ STE 250 ASHBURN VA 20147.7601 55G - 5- 3- 225-A ARCADIA COMMUNITIES INC 1602 VILLAGE MARKET BLVD SE STE 400 LEESBURG VA 20175.4722 55 - A- - 181- ARCADIA COMMUNITIES INC 1602 VILLAGE MARKET BLVD SE STE 400 LEESBURG VA 20175.4722 55 - A- - 165- VALLEY MILL FARM LC 8739 C ST CHESAPEAKE BEACH MD 20732.9235 ASHBURN VA 20147.7601 ol nBish p Tr u�sportation Planner Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I��� L J9-o & , a Notary Public in and for the State and County aforesaid, do hereby certify that John A. Bishop, Transportation Planner for the Department of Plannin J and Development, whose name is signed to the foregoing, dated I b� 'I I S , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given Under my hand this My commission expires on -2 1 5 day of (9(V-6 &,, ,-.� ! 2-0 °,4MAtA-MEfT NOTXRY PyApofARION PUBLIC 74 CC IMONWEALTH OF VIRGINIA COMMISSION EXPIRES 1 SCEMBER 31, 2017 55 -4- - 4-A ROBERTS KATRINA LEWIS 1004 CLARK ST STARKE FL 32091.2125 55 - 4- - 3- MCKEE MICHAEL EDWARD 283 EDDYS LN WINCHESTER VA 22602.7917 55 - 4- - 2- INVESTORS AT LLC PO BOX 550 STEPHENS CITY VA 22655.0550 55 -4- - 1- FREDERICK-WINCHESTER PO BOX 43 WINCHESTER VA 22604.0043 56 -A- - 18-A FORT COLLIER CIVIL WAR CENTER INC C►O JOHN V STEVENS 1460 UNIVERSITY DR WINCHESTER VA 22601-5100 55 - A- - 174- BRADFIELD JOHN G TRUSTEE 3 WOODCREEK CT DURHAM NC 27713.6170 Pam Deeter From: Eric Lawrence Sent: Wednesday, September 30, 2015 6:14 PM To: Diane Walsh; Pam Deeter; Shannon Conner; John Bishop Subject: Opegoun Crossing Opequon Crossing has requested postponement until the November 4 PC meeting. Please remove the application from the PC Agenda ASAP. Mark cover page with "Postpone". Upload the internet, and refresh PC member notifications advising the re -visit Self -Serve. The display advertisement also needs to be marked postpone. Thanks! Eric R. Lawrence, AICP Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 540-665-5651 elawrenc@fcva.us www.FCVA.us/Planning ,.;�-•� w� �--�:�L.:_-ifs 1 A COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 23, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #06-15 FOR OPEQUON CROSSING On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being lield on Wednesday, October 7, 2015 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Strect, Winchester, Virginia to consider the following application: Rezoning #06-15 OPEQUON CROSSING Submitted by Pennonl Associates, to revise proffers associated with Rezoning #04-07 and Rezoning #12-07. This revision relates specifically to the monetary transportation credits. The properties are located south of the existing terminus of Eddys Lane (Route 820) approximately south of Route 7 and adjacent to Opeduon Creek. The properties are identified with Property Identification Numbers 55-A-210, 55-A-212 and 55-A-212A in the Redbud Magisterial District. A copy of the application will be available for review at the I-Iandlcy Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winclicster, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.L1S. Slncerely� John A. Bishop, AICP1� Deputy Director Transportation JAB/pd 107 North Kent Strect, Suite 202 • Winchester, Virginia 22601-5000 T1 is to certify that the attached correspondence was mailed to the following on �*,)-'12-L, -2 ?> --)c)S from the Department of Planning and Development, Frederick Coun y, Virginia: 65 55 - A- - 210- THECANYON CIO DAVE HOLLIDAY CONSTR INC 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601.6435 55 - A- - 212- THE CANYON LC CIO DAVE HOLLIDAY CONSTR INC 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601.6435 55 - A- - 212-A THE CANYON LC CIO DAVE HOLLIDAY CONSTR INC 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601.6435 55 - A- - 209- TOLL VA IV LP 19775 BELMONT EXEC PLZ STE 250 ASHBURN VA 20147.7601 55 -A- -211- TOLL VA IV LP 19775 BELMONT EXEC PLZ STE 250 - A- - 195- RIGGLEMAN LISA ANN RIGGLEMAN MILDRED L 7000 BEN FRANKLIN RD SPRINGFIELD VA 22150.3014 55M - 2. 9. 149-0 TWIN LAKES OVERLOOK COMMUNITY ASSOC 19775 BELMONT EXEC PLZ STE 250 ASHBURN VA 20147.7601 55G - 5. 3.225-A ARCADIA COMMUNITIES INC 1602 VILLAGE MARKET BLVD SE STE 400 LEESBURG VA 20175.4722 55 -A- -181- ARCADIA COMMUNITIES INC 1602 VILLAGE MARKET BLVD SE STE 400 LEESBURG VA 20175.4722 55 - A- - 165- VALLEY MILL FARM LC 8739 C ST CHESAPEAKE BEACH MD 20732.9235 ASHBURN VA 20147.7601 Iohn A. Bishop, Tra►1 ortat4et tanner Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, Alw_a_ ��� , a Notary Public in and for the State and County aforesaid, do hereby certify that John A. Bishop, Transportation Planner for the Department Of Pla vling pnd Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in illy State anA County aforesaid. Given under illy ]land this day of My commission expires on NO' PAMA DEEPER NOTARY PUBLIC REGISTRATION H 354474 Co�WEALTH OF VII MY COMMISSION EXPIRESI/ DECEMBER 31, 2017 55 -4- - 4-A ROBERTS KATRINA LEWIS 1004 CLARK ST w STARKE FL 32091.2125 55 -4- - 3- MCKEE MICHAEL EDWARD 283 EDDYS LN WINCHESTER VA 22602.7917 55 -4- - 2- INVESTORS AT LLC PO BOX 550 STEPHENS CITY VA 22655.0550 55 -4- - 1- FREDERICK-WINCHESTER PO BOX 43 WINCHESTER VA 22604.0043 56 -A- - 18-A FORT COLLIER CIVIL WAR CENTER INC CIO JOHN V STEVENS 1460 UNIVERSITY DR WINCHESTER VA 22601.5100 55 - A- - 174- BRADFIELD JOHN G TRUSTEE 3 WOODCREEK CT DURHAM NC 27713.6170 f`k h V' I ) v i i Cc�, (,�� � 1 I J-t,'F1 �U 5-A LIU J Jam,- A - ZI 2. s A Adjoining Property Owners — Opequon Crossing &Q n ^y To: Berbafa-Data Processing From: Pam -Planning Dept. Please print q sets of labels by Thanks! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application. adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right -of -Hay, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number PIN Name: Toll VA IV LP 19775 Belmont Exec Piz, Suite 250 Property # 55-A-209 Ashburn, VA, 20147 Name: Toll VA IV LP 19775 Belmont Exec Piz, Suite 250 Property #: 55-A-211 Ashburn, VA, 20147 Name: Lisa Riggleman and Mildred Riggieman 7000 Ben Franklin Road Pro ert #: 65-A-195 Sprincifield, VA 22150 Name: Twin Lakes Overlook Community Association 19775 Belmont Exec Piz, Suite 250 Property #: 55M-2-9-149D Ashburn, VA, 20147 Name: Arcadia Communities Inc. 1602 Village Market Blvd SE Property# 55G-5-3-225A Leesburg, VA 20175 Name: Arcadia Communities Inc. 1602 Village Market Blvd SE Property #: 55-A-181 Leesburg, VA 20175 Name: Valley Mill Farm LC 8739 C Street Property #: 55-A-165 Chesapeake Beach, MD 20732 Name: Katrina Roberts 1004 Clark St Property #: 55-4-4A Starke, FL 32091 Name: Michael McKee 283 Eddys Ln Property #: 55-4-3 Winchester, VA 22602 Name: Investors At, LLC P.O. Box 22655 Property #: 554-2 Ste hens City, VA 22655 Name: Frederick -Winchester Service Authority P.O. Box 43 Property #: 55-4-1 Winchester, VA 22604 Name: Frederick -Winchester Service Authority P.O. Box 43, Property #: 56-A-19 Winchester, `/A 22604 Name: Frederick -Winchester Service Authority P.O. Box 43 Property #: 56-A-18 Winchester, VA 22604 Name: Fort Collier Civil War Center, Inc. 1460 University Drive Property #: 56-A-18A Winchester, VA 22601 Name: John Bradfield, Trustee 3 Woodcreek Ct Property #: 55-A-174 Durham, NC 27713 Name: Pro ert #: tLo -r 6 c, zl � J 55- A - zl 2- Adjoining Property Owners — Opequon Crossing Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number PIN Name: Toll VA IV LP 19775 Belmont Exec Plz. Suite 250 Property #: 55-A-209 Ashburn, VA, 20147 Name: Toll VA IV LP 19775 Belmont Exec Plz, Suite 250 Property #: 55-A-211 Ashburn, VA, 20147 Name: Lisa Riggleman and Mildred Riggleman 7000 Ben Franklin Road Property#: 65-A-195 Springfield. VA 22150 Name: Twin Lakes Overlook Community Association 19775 Belmont Exec Plz. Suite 250 Property#: 55M-2-9-149D Ashburn, VA 20147 Name: Arcadia Communities Inc. 1602 Village Market Blvd SE Pro #: 55G-5-3-225A Leesbur . VA 20175 Name: Arcadia Communities Inc. 1602 Village Market Blvd SE Pro #: 55-A-181 Leesburg, VA 20175 Name: Valley Mill Farm LC 8739 C Street Property#: 55-A-165 Chesapeake Beach MD 20732 Name: Katrina Roberts 1004 Clark St Property#: 55-4 4A Starke, FL 32091 Name: Michael McKee 283 Eddys Ln Property#: 55-4-3 Winchester, VA 22602 Name: Investors At, LLC P O Box 22655 Property#: 55-4-2 Stephens City, VA 22655 Name: Frederick -Winchester Service Authority P O Box 43 Pro rt #: 55-4-1 Winchester. VA 22604 Name: Frederick -Winchester Service Authority P O Box 43 Property#: 56-A-19 Winchester, `/A 22604 Name: Frederick -Winchester Service Authority P O Box 43 Pro #: 56-A-18 Winchester, VA 22604 Name: Fort Collier Civil War Center, Inc. 1460 University Drive Property#: 56-A-18A Winchester. VA 22601 Name: John Bradfield, Trustee 3 Woodcreek Ct Pro a #: 55-A-174 Durham. NC 27713 Name: Pro #: V ID c)-A ss A acaA Adjoining Property Owners — Opequon Crossing Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd . loor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number PIN Name: Toll VA IV LP 19775 Belmont Exec Plz, Suite 250 Property #: 55-A-209 Ashburn, VA, 20147 Name: Toll VA IV LP 19775 Belmont Exec Plz, Suite 250 Property #: 55-A-211 Ashburn, VA, 20147 Name: Lisa Riggleman and Mildred Riggleman 7000 Ben Franklin Road Property #: 65-A-195 Springfield, VA 22150 Name: Twin Lakes Overlook Community Association 19775 Belmont Exec Plz, Suite 250 Property #: 55M-2-9-149D Ashburn, VA, 20147 Name: Arcadia Communities Inc. 1602 Village Market Blvd SE Property #: 55G-5-3-225A Leesburg, VA 20175 Name: Arcadia Communities Inc. 1602 Village Market Blvd SE Property#: 55-A-181 Leesburg, VA 20175 Name: Valley Mill Farm LC 8739 C Street Property #: 55-A-165 Chesapeake Beach, MD 20732 Name: Katrina Roberts 1004 Clark St Property #: 55-4-4A Starke, FL 32091 Name: Michael McKee 283 Eddys Ln Property #: 55-4-3 Winchester, VA 22602 Name: Investors At, LLC P.O. Box 22655 Property #: 55-4-2 Stephens City, VA 22655 Name: Frederick -Winchester Service Authority P.O. Box 43 Property #: 55-4-1 Winchester, VA 22604 Name: Frederick -Winchester Service Authority P.O. Box 43 Property #: 56-A-19 Winchester, VA 22604 Name: Frederick -Winchester Service Authority P.O. Box 43 Property #: 56-A-18 Winchester, VA 22604 Name: Fort Collier Civil War Center, Inc. 1460 University Drive Property #: 56-A-18A Winchester, VA 22601 Name: John Bradfield, Trustee 3 Woodcreek Ct Property #: 55-A-174 Durham, NC 27713 Name: Property#: w N k' REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGIN7A �j6 -h � GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: 9 � I' I 1 S REQUESTED COMPLETION DATE: I I 'aS 1-5 a_"n Department, Agency, or Company:_ Mailing and/or Billing Address: Telephony. FAX: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional information on back of request) &) 01 0'\o- p _I l-e.7 6 n � 'A- a1 �2s �r, a-- � ,v�r DIGITAL: PAPER: FAX: E-MAIL: SIZES: COLOR: BLACK/WHITE: NUMBER 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) NOTIFICATION OF PUBLIC MEETING September , 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #06-15 FOR OPEQUON CROSSING On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, 2015 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 #06-15 OPEQUON CROSSING submitted by Pennoni Associates, to revise proffers associated with Rezoning #04-07 and Rezoning #12-07. This revision relates specifically to the Transportation seetie�proffers and applies only to pam aw`ilne 'bY. rn01)-Q u�y Gre d" 15, The properties are located south of the existing terminus of Eddys Lane (Route 820) approximately south of Route 7 and adjacent to Opequon Creek. The properties are identified with Property Identification Numbers 55-A-210, 55-A-212 and 55-A-212A in the Redbud Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/pd ;)� c4 � /lam ( i 'V REZONING APPLICATION #06-15 OPEQUON CROSSING Staff Report for the Planning Commission Prepared: September 11, 2014 Staff Contact: John A. Bishop, AICP, Deputy Director Transportation Reviewed Action Planning Commission: 00/00/15 Pending Board of Supervisors: 00/00/15 Pending PROPOSAL: To revise proffers associated with Rezoning #04-07 and #12-07. This revision relates specifically to the Transportation section of the proffers and LOCATION: The properties are located south of the existing; terminus of Bddys Lanes (Route 820) approximately south of Route 7 and adjacent to Opequon Creek EXECUTIVE SUMMARY S STAFF CONCLUSION FOR THE 10/01/14 PLANNING COMMISSION MEETING: m w i •"- A recommendation regarding this rezoning, application to the Board of Supervisors Would be appropriate The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning #06-15 — Opequon Crossing September 11, 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 00/00/15 Pending Board of Supervisors: 00/00/15 Pending PROPOSAL: To revise proffers associated with Rezoning #04-07 and #12-07. This revision relates specifically to the Transportation section of the proffers and LOCATION: The properties are located south of the existing terminus of Eddys Lanes (Route 820) approximately south of Route 7 and adjacent to Opequon Creek MAGISTERIAL DISTRICT: Redbud PROPERTY ID NUMBERS: 55-A-210, 55-A-212, and 55-A-212A PROPERTY ZONING: PRESENT USE: ADJOINING PROPERTY ZONING & PRESENT USE: North: Use: South: Use: East: Use: West: Use: Rezoning 1106-15 — Opecluon Crossing September 11, 2015 Pa(Ye 3 REVIEW EVALUATIONS: VIRGINIA DEPARTMENT OF TRANSPORTATION: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 7, 659 and Rt. 820. These routes are the VDOT roadways which have been considered as the access to the property referenced. DVOT has reviewed submissions of. proposed transportation proffers offered to mitigate the development's potential traffic generation. VDOT is satisfied the transportation proffers offered in the Opequon Crossing Rezoning Application dated May 29, 2015, address the transportation concerns. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data fi-om 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 and inspection fee and surety bond coverage. Planninp, & Zoning: 1) Site History 2) Comprehensive Police Plan Land Use 3) Proffer Statement STAFF CONCLUSIONS FOR THE 00/00/154 PLANNING COMMISSION MEETING: A recommendation regarding this rezoning application to the Board o/Supervisors would be appropriate The applicant should be prepared to llllegitatelj, address all concerns rased bj, the Planning Co nlnli.yfion.